HA DATU TAWAHIG V. LAPINID (GR No.

221139)

SUMMARY: A petition for mandamus against a judge and prosecutor in relation to the
prosecution of another IP member and tribal leader for rape. Petitioner herein relied on the
provisions of RA 8371 maintaining that he was not covered by penal laws.

ISSUE RELATING TO GENERAL PRINCIPLES OF CRIMINAL LAW: W/N members of the ICC
who are charged with criminal offenses can invoke the provisions of RA 8371 to evade
prosecution and the possibility of criminal sanctions.

SC RULING:

A. No. The intention of our laws to protect the IPs does not include the deprivation of courts
of its jurisdiction over criminal cases. This means that members of the ICC who are
charged with criminal offenses cannot simply invoke the provisions of Republic Act No.
8371, or the Indigenous Peoples’ Rights Act of 1997 to evade prosecution and the
possibility of criminal sanctions.

B. The Philippine legal system’s framework for the protection of indigenous peoples was
never intended and will not operate to deprive courts of jurisdiction over criminal
offenses. Individuals belonging to indigenous cultural communities who are charged with
criminal offenses cannot invoke Republic Act No. 8371, to evade prosecution and liability
under courts of law.

C. One's membership in an indigenous group shall not hinder the filing of a criminal case
against the concerned person. This being the case, it follows that no right of petitioner,
as an alleged member of an ICC, was violated by the filing of rape charges against him.
Thus, the first requirement for the issuance of a writ of mandamus is lacking.