ACKNOWLEDGMENT

The employees of the NCIP- Baguio City Office and its Community Service
Center composed of the following:

1. Urbano B. Mirante, Development Management Officer (DMO) V,

2. Engr. Allan W. Allatis, Community Development Officer (CDO) III, OIC
3. Judith T. Cadias, Community Development Officer (CDO) III,
4. Atty. Severino Manuel G. Lumiqued, Atty. IV,
5. Melina P. Jose, Community Affairs Officer I,
6. Engr. Ronalvin F. Mabli, Engineer I,
7. Rachelle G. Dereje, Nurse II,
8. Mailyn S. Garcia, Tribal Affairs Assistant II,
9. Gary P. Donggayao, Tribal Affairs Assistant II,
10. Joselyn T. Gamongan, Tribal Affairs Assistant I,
11. Janette P. Calderon, Tribal Affairs Assistant I,
12. Marvin T. Sonay, Administrative Assistant III, and
13. Jeckerson T. Carino, Administrative Assistant I

would like to acknowledge and express their appreciation and gratitude to the
Ibaloy and Kankana-ey Indigenous Cultural Communities/Indigenous Peoples
(ICCs/IPs) of the Happy Hallow Ancestral Domain, Baguio City belonging to the
Canuto, Liwan, Otinguey, Paytocan, Pitlongay, and Siso Clans as well as the Happy
Hallow Barangay Officials who participated during the documentation and
validation activities for generously sharing their knowledge and time. Special
mention to Happy Hallow Punong Barangay Joseph A. Sacley who allowed the
use of the Barangay Hall as the venue of the documentation and validation
activities and Indigenous Peoples Mandatory Representative (IPMR) Aladina D.
Diano who helped in disseminating the conduct of the activities to all concerned
in the community. Both of them also graciously accommodated the research
team for the conduct of separate personal interviews.

1|Page
 ABSTRACT

The research project was aimed to document the customary laws of the
Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) of Happy
Hallow, Baguio City on the entry of migrant settlers and organizations to their
ancestral domain. Employed as research methods were research of secondary
data, review of related literature, focus group discussion and personal
interviews. It must be noted that there were no previous studies made on the
subject. Thus, the project is imperative considering also the current situation in
Baguio City in which the downtown area is heavily populated and people as well
as organizations would look for other places in the outskirts of the city to settle
and operate, as the case maybe. The Happy Hallow Ancestral Domain is one of
the probable areas. There is then a need to document the customary laws of the
concerned ICCs/IPs governing the entry of migrant settlers and organizations to
their ancestral domain. This is consistent with the exercise of their right to
regulate such entry as provided in the Indigenous Peoples Rights Act (IPRA) of
1997.

Keywords: Happy Hallow ICCs/IPs, customary laws, regulate, entry, migrants,

organizations, ancestral domain

2|Page
 TABLE OF CONTENTS

PAGE

I. INTRODUCTION...............................................................................................4

A. Background of the Study……………………………………………………………………….5

B. Statement of the Problem……………………………………………………………………...7
C. Statement of the Objective…………………………………………………………………….8
D. Significance of the Study……………………………………………………………………….8
E. Scope and Limitation…………………………………………………………………………….8
F. Methodology………………………………………………………………………………………...8
G. Ethical
Considerations…………………………………………………………………………..9

II. RELATED LITERATURE ON THE EXPERIENCES OF OTHER

INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLES
ON THE ENTRY OF MIGRANTS TO THEIR HOMELANDS

A. The Bukidnon Experience…………………………………………………………………….9

B. The Bugkalot Experience…………………………………………………………………….10
C. The Pala’wan Experience…………………………………………………………………….11
D. The Ati
Experience……………………………………………………………………………...12
E. The Tagbanuas of Coron Island……………………………………………………………
14
F. The Tagbanwas of Calamian………………………………………………………………..14
G. The Bagobo-Klata of Sitio Kahusayan, Davao City…………………………………16
H. The Manobo Experience……………………………………………………………………...17
I. The Agta Experience…………………………………………………………………………...18
J. The Kankana-ey and Ibaloy of Itogon, Benguet…………………………………….18

III. MIGRATION IN THE INTERNATIONAL SCENE…………………………….20

IV. OUTPUT OF FOCUS GROUP DISCUSSION AND INTERVIEWS……….20

A. The term migrant……………………………………………………………………………….21

B. Reasons for the entry of migrants into the ancestral domain………………..23
C. Organizations that entered the ancestral domain in the past………………..27
D. Positive effects of the entry of migrants………………………………………………27
E. Negative effects of the entry of migrants……………………………………………..28
F. Rules and regulations to be imposed on the entry of migrants
and entities to include organizations to the ancestral domain………………29

V. CONCLUSION AND RECOMMENDATION……………………………………..35

REFERENCES………………………………………………………………………………...37
CERTIFICATE OF VALIDATION………………………………………………………38

3|Page
 PICTORIALS………………………………………………………………………………….40

CUSTOMARY LAWS OF THE HAPPY HALLOW INDIGENOUS CULTURAL

COMMUNITIES/INDIGENOUS PEOPLES (ICCs/IPs) ON THE ENTRY OF
MIGRANT SETTLERS AND ORGANIZATIONS INTO THEIR DOMAIN

I. INTRODUCTION

Foremost among the rights of Indigenous Cultural

Communities/Indigenous Peoples (ICCs/IPs) being recognized, protected and
promoted by the Indigenous Peoples Rights Act (IPRA) of 1997 or Republic Act
No. 8371 is their right to their ancestral domains. The same includes their right
to regulate the entry of migrant settlers and organizations into the domains.

Section 5, Part II, Rule III of the IPRA Implementing Rules and Regulations
(NCIP Administrative Order No. 1, Series of 1998) has defined the terms migrant
and other entities. A migrant is a person who is not a native to the ancestral
domain or not a part owner of ancestral land but who, as a consequence of social,
economic, political or other reasons, such as displacement due to natural
disasters, armed conflict, population pressure, or search for seasonal work,
opted to occupy and utilize portions of the ancestral domains/lands and have
since established residence therein.

On the other hand, other entities shall include all organizations,

corporations, associations or persons who intend to enter the ancestral
domains/lands for the purpose of doing business, development or other
activities therein.

The IPRA was principally authored in the Senate by Senator Juan M.

Flavier. In his sponsorship speech, he mentioned about migration to areas of
ICCs/IPs, to wit:

“The Indigenous Cultural Communities, including the Bangsa

Moro, have long suffered from the dominance and neglect of government
controlled by the majority. Massive migration of their Christian brothers
to their homeland shrunk their territory and many of the tribal Filipinos

4|Page
 were pushed up to the hinterlands. Resisting the intrusion, dispossessed
of their ancestral land and with the massive exploitation of their natural
resources by the elite among the migrant population, they became
marginalized. And the government has been an indispensable party to
this insidious conspiracy against the Indigenous Cultural Communities (ICCs).
It organized and supported the resettlement of people to their ancestral
land, which was massive during the Commonwealth and early years of the
Philippine Republic. Pursuant to the Regalian Doctrine first introduced to
our system by Spain through the Royal Decree of 13 February 1894 or the
Maura Law, the government passed laws to legitimize the wholesale land
grabbing and provide for easy titling or grant of lands to migrant
homesteaders and provide for easy titling or grant of lands to migrant
homesteaders within the traditional areas of the ICCs.”1

The foregoing statements of the distinguished lawmaker encapsulate the

wisdom behind Section 7(e) of the IPRA which empowers the ICCs/IPs to
regulate the entry of migrants and organizations to their ancestral domains.

A. BACKGROUND OF THE STUDY

The Happy Hallow Ancestral Domain belonging to the Ibaloy and

Kankana-ey ICCs/IPs is part and parcel of barangay Happy Hallow which is one
of the 129 barangays in Baguio City. It is composed of nine (9) lots with an
aggregate area of 1,464,182 square meters (146.4182 hectares).

The original name of Happy Hallow is Des-ok Balatan, known as a village

where bananas abound and robustly grow. Americans during the establishment
of Camp John Hay Reservation observed the characteristics of the people of the
village downhill to be happy and are always holding and enjoying festivities. The
Americans then coined the name Happy Hallow. 2

As a barangay, Happy Hallow has four (4) puroks, namely: Purok 1, Purok
2, Purok 3, and Purok 4. 3 There are local names for these puroks. Thus, Purok 1 is

1
academia.edu/20023191/Indigenous Peoples Rights Act of 1997: A Critical Policy Analysis
2
Happy Hallow Ancestral Domain Briefer prepared by NCIP-Baguio
3
Happy Hallow Ancestral Domain Sustainable Development Protection Plan (ADSDPP)

5|Page
known as Bayukkan, Purok 2 as Naibaliw, Purok 3 as Alam-aman-Mokiat,4 and
Purok 4 as Balatan-Muyot.

The ancestral domain of Happy Hallow is located in the easternmost area

of Baguio City and is approximately nine (9) kilometers from the Baguio City
Hall.

Google Map showing the Happy Hallow Ancestral Domain in red lines.

The time immemorial possession and ownership of the Ibaloy and

Kankana-ey ICCs/IPs over their ancestral domain was formally recognized by
the State when the National Commission on Indigenous Peoples (NCIP) through
En Banc Resolution Numbered 40-2006-AD approved the issuance of Certificate
of Ancestral Domain Title (CADT) Numbered CAR-BAG-0206-041 to them on
February 9, 2006. This title was duly registered with the Office of the Registrar of
Deeds of Baguio City on June 24, 2009 as Original Certificate of Ancestral Land
Title Numbered 58 (O-CALT 58).

4
It was learned during the customary law validation activity on September 17, 2021 that the bigger
part of Mokiat lies in Purok 3 while the smaller part is located in Purok 4.

6|Page
 It must be noted that the ancestral domain was earlier delineated
pursuant to Special Order No. 31, series of 1990 and DAO No. 02, series of 1992,
both of the DENR. After the completion of the investigation, documentation and
delineation survey of the ancestral domain by DENR, IPRA was passed into law
prompting the DENR to turn over the documents of the Happy Hallow Ancestral
Domain to NCIP which then conducted verification survey.

However, the Republic of the Philippines through the Bases Conversion

and Development Authority (BCDA) filed a case before the Regional Trial Court
(RTC), Branch 7 of Baguio City on June 6, 2012 for the cancellation of the CADT
docketed as Civil Case No. 7548-R but its Presiding Judge, the Honorable
Monalisa Tabora for some reasons inhibited herself from hearing the case. The
case was then raffled to RTC, Branch 7 (presided by Judge Antonio Reyes) which
dismissed the same for lack of jurisdiction. A motion for reconsideration was
filed by the BCDA but the same was denied. The case eventually reached the
Supreme Court and now pending before its Second Division docketed as G.R. No.
211889.

B. STATEMENT OF THE PROBLEM

Baguio City is a melting pot. People from other places flock to the city for
various reasons such as search for greener pasture, tourism and education. The
setback, however, is that the city has a small territory which is only 57.49 square
kilometers as mentioned by the Supreme Court in the case of Republic vs. NCIP
(G.R. No. 208480) decided on September 25, 2019. 5

Downtown Baguio and its nearby areas are heavily populated such that
there is a tendency for migrants and even entities to look for places on the
outskirts of the city where they can settle or establish businesses/offices, as the
case maybe. One probable area is the Happy Hallow Ancestral Domain. Thus, the

5
The case in which the Certificates of Ancestral Land Titles (CALTs) of the Heirs of Cosen Piraso and
the Heirs of Josephine Abanag and the derivative titles were declared null and void by the Supreme
Court.

7|Page
customary laws of the concerned ICCs/IPs on the matter of regulating the entry
of migrants and organizations into their ancestral domain are imperative on this
score.

However, no previous documentation on the subject was made. That is

the problem that this research would like to address.

C. STATEMENT OF OBJECTIVE

The objective of this research is to document the customary laws of the

ICCs/IPs of Happy Hallow on the entry of migrant settlers and organizations into
their ancestral domain. For purposes of this study, the terms migrant settlers and
migrants are the same and can be used interchangeably.

D. SIGNIFICANCE OF THE STUDY

This study is significant as it would properly inform and guide the whole
world on the customary laws of the Happy Hallow ICCs/IPs on the entry of
migrant settlers and organizations into their ancestral domain. The
documentation can also serve as basis of government agencies and the private
sector in extending help or whatever form of assistance to the concerned
ICCs/IPs.

Moreover, policies or ordinances may be crafted by the proper authorities

based on the documentation.

E. SCOPE AND LIMITATION

The study is focused only on the customary laws of the Ibaloy and
Kankana-ey ICCs/IPs of Happy Hallow in Baguio City on the entry of migrants
and organizations into their ancestral domain and other related matters. It does
not include those of similar ethnolinguistic groups in other ancestral domains
like the ones found in Benguet Province.

8|Page
 F. METHODOLOGY

This study is a qualitative research. To obtain the necessary information,

the research team had Focus Group Discussion (FGDs) with the community
attendees coupled with one on one interviews with the legal officer of NCIP-
Baguio as the facilitator and some of the staff of the NCIP-Baguio City Office and
Community Service Center doing the documentation.

The earlier research on secondary data and related literature was a

concerted effort by all of them.

For purposes of accuracy, the documentation output was presented to the

community through its elders and leaders for validation.

G. ETHICAL CONSIDERATIONS

The research team would like to give the assurance that the
documentation was done in the most ethical way giving due consideration
to all the inputs of the community informants or attendees related to the
subject research. It treated all the community participants with utmost
respect in the course of the documentation and validation activities.

II. RELATED LITERATURE ON THE EXPERIENCES OF OTHER

INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLES
ON THE ENTRY OF MIGRANTS TO THEIR HOMELANDS

A. The Bukidnon Experience6

After World War II, the trickle of migrants arriving in Bukidnon swelled to
a flood. Mindanao was vaunted as the ‘Land of Promise’, and attracted waves of
settlers from crowded Luzon and the Visayas. Most came to the Mindanao

6
ANCESTRAL DOMAIN AND NATIONAL PARK PROTECTION talamdanwordpress.com >
2007/09/28

9|Page
frontier seeking to claim a piece of farm land as their own, or find employment in
the booming logging industry. This was an era of uncontrolled logging in
Bukidnon resulting in rampant destruction of its upland forests. Migrants
followed the logging roads and cleared kaingin from the logged-over areas,
resulting in rapid conversion of forestal areas into agricultural use. In addition to
spontaneous migration, the Bukidnon Governor initiated a campaign to advertise
the province’s vast unclaimed frontiers and assist in migration by land-hungry
settlers. The intention was to accelerate Bukidnon’s economic development.

The arrival of one ethnic group from Luzon warrants particular mention
since its migrants are credited with introducing high value vegetable crops to the
foot slopes of Mt. Kitanglad. The Igorots of Mountain Province were attracted to
Bukidnon by its similarities to their homeland. The vegetable gardening that they
practiced in the Cordillera was well adapted to the cool temperatures and higher
elevations of the upper Manupali watershed and land was much more accessible.
By the mid 1980s, vegetable farming began to expand rapidly on the landscape-
cabbage, cauliflower, carrots, Chinese cabbage, and most importantly, potatoes.

B. The Bugkalot Experience7

The Bugkalot Tribe or Bugkalot Indigenous Cultural Communities (ICCs)

are the private owners of the ancestral domain in which the CE CASECNAN
WATER AND ENERGY COMPANY, INC. is operating and maintaining the diversion
dam of the CASECNAN MULTI-PURPOSE IRRIGATION PROJECT. This dam which
is located in Pelaway, Alfonso Castaneda, Nueva Vizcaya diverts the waters from
the Casecnan and Taan River through a tunnel to the Pantabangan Reservoir for
power generation and irrigation. Apparently, the company made billions of pesos
in income in this project.

In 1995, the Bugkalot Tribe allowed the construction of the diversion dam
with certain conditions or demands. One of which is three percent royalty share
for the Bugkalot ICCs from the project’s proceeds. Apparently, the company
made billions of pesos in income in its project but did not give a share to the
7
QUESTION OF PRIVILEGE OF REP. PADILLA, www.congress.gov.ph > legisdocs > basic _ 16

10 | P a g e
concerned ICCs. Several dialogues were done between the Bugkalot ICCs and the
company but no positive results.

This prompted Mayor Rosario K. Camma of Nagtipunan, Quirino who is

also the over-all chieftain of Bugkalot Tribes of the provinces of Quirino, Aurora,
and Nueva Vizcaya to write a letter to President Benigno Simeon C. Aquino III
dated August 16, 2013 informing him that the Bugkalot Tribe will be taking a
drastic move to regulate the entry of the company within their domain citing
among others the Indigenous Peoples Rights Act (IPRA) of 1997 as legal basis.
The mayor likewise pleaded for the personal intervention of President Aquino on
the issue to give life to the spirit of the IPRA.

The predicament of the Bugkalot ICCs was also brought to the attention of
the House of Representatives through a privilege speech of then Congressman
Carlos Padilla of the lone district of Nueva Vizcaya for an inquiry in aid of
legislation. He likewise pointed out that: (1) the Casecnan River is the main
source of food of the Bugkalot Tribes; (2) a fish that is dominant in the area is the
so-called Ludong which commands a price of about P4,000 to P5,000 per kilo
such that a Bugkalot fisherman who caught one or two fishes in one day may
take a rest for the rest of the week but when the dam was constructed, the fish
became extinct insofar as the Casecnan area is concerned; and (3) the Bugkalot
ICCs gripe that they have lost their livelihood and yet they are not being paid of
their 3 percent royalty share.

It was not known if what was the action done by President Aquino on the
matter and what transpired after Congressman Padilla delivered his privilege
speech.

C. The Pala’wan Experience8

During times when indigenous peoples follow the customary practice of a

fallow period, migrants use the land and become silent land grabbers as they
initially ask permission to use the land and end up declaring ownership of the
8
Bridging Customary Practices and Land Tenure Rights, Tebtebba Policy Brief Philippines, Right
to Land Tenure, May 2019

11 | P a g e
land within the ancestral domain. This is the case in Aramaywan, Quezon,
Palawan, wherein swidden farmlands that were left to fallow by the Pala’wan
Indigenous Peoples were suddenly farmed by Ilongo men.

D. The Ati Experience9

Somewhere in the Western Visayas region lies Boracay, an island famous

for its powdery white sand, crystal cool waters, magical sunset, and endless
partying at night.

Several international magazines dubbed Boracay as one of the world’s

best island getaways. Travel Leisure magazine named it as 2012 No. 1 World’s
Best Island, beating out Bali which ranked number two.

Year after year, the number of tourists visiting the island also increases.
For 2017, a total of 2,001,974 tourists visited the place. Both local and
international visitors have greatly contributed to the island’s revenue. Top 10
foreign tourists visiting the island are as follows: Chinese, Korean, Taiwanese,
Americans, Malaysians, British, Saudi Arabians, Australians, Russians, and
Singaporeans.

Despite its growing popularity globally, only a few people know that the
whole island used to be home to the Ati people, one of the country’s indigenous
peoples. They had been in Boracay long before the earliest Visayan migrants
came into the Island.

Dr. Alicia Magos, a Filipino anthropologist proved the Ati’s indigeneity in

the island. In spite of Boracay Island’s large scale commercial tourism and
massive influx of migrants, traditional Ati life remained in the form of Pangranso,
a non-sedentary way of life where they moved from one place to another.

By the 1970s, the Ati’s life had changed dramatically when more settlers
got the opportunity to establish beach resorts and other businesses on the island.
Commercialization and tourism gradually displaced the Ati to a small property

9
worldmissionmagazine.com/archives/august-2018/struggles-ati-people

12 | P a g e
located at the island’s back beach which was owned by a rich family. From a tribe
who used to freely roam the island, they were forced to live as informal settlers
in what used to be their home.

With the help of nuns from the Daughters of Charity, the Roman Catholic
Church, and various support groups, they called for the recognition of their right
to land and ancestral domain.

After almost a decade of relentless lobbying for the recognition of their

rights, the Atis finally received their Certificate of Ancestral Domain Title for the
2.1 hectare portion of the 1,032 hectare island on January 21. 2011. This is by far
the smallest ancestral domain in the Philippines with other domains covering
thousands of hectares of land.

Despite the legal recognition, the Atis were not able to possess the
ancestral land right away and experienced different forms of harassments. Cases
have been filed to deny members of the Ati community on their land rights claim
including the cancellation of CADT filed at the Regional Trial Court (RTC).

Property claimants from rich and influential families have also erected
houses and fences around the disputed land and even posted a billboard
prohibiting entry to the area. On November 19, 2009, some residents of Boracay
filed a protest on the proposed establishment of an Ati Community in Boracay
Island. They considered the presence of the Ati damaging to the tourism industry
of the island.

Racing against time, these issues have prompted the Ati to take the risk of
installing themselves at their new home. On April 17, 2012, some 200 members
of Boracay Ati Tribal Organization (BATO) took the risk of installing themselves
inside the vacant portion of the 2.1 hectare ancestral domain awarded to them.

As soon as the members of the tribe were able to occupy a portion of what
has been awarded to them, cases were filed before the court by claimants, Banico
and Sanson to cancel the title issued to the community.

13 | P a g e
 The cancellation case eventually reached the Supreme Court which
fortunately rendered a decision on June 10, 2019 dismissing the same. 10

E. The Tagbanuas of Coron Island11

There are 13 lakes in Coron Island, but only 2 have been opened to the
public- Kayangan Lake and Barracuda Lake. A Tagbanua explained that prayers
and rituals are needed before entering those lakes as they are sacred places
where spirits reside.

The lakes strewn around the island are part of the ancestral domain
owned by the Coron Tagbanuas- the indigenous peoples of the island who are
descendants of some of the oldest people in the Philippines. In 1998, the
Tagbanuas of Coron Island were awarded Certificate of Ancestral Domain Claim
(CADC) No. 134, covering 22,248 hectares of land and sea. This gave them the
authority to manage and preserve the marine and land resources, and the right
to regulate the entry of migrant settlers and organizations into the domains. Such
power is vital for the Tagbanua community to protect their land from
exploitation and destruction caused by outsiders.

F. The Tagbanwas of Calamian12

The Calamian Tagbanwa form a language population distinct from the

Tagbanwas of mainland Palawan. Their communities are mainly found in the
Calamian and Linapacan groups of islands as well as certain areas of the
northern part of mainland Palawan. The Calamian Tagbanwa’s ancestors

10
Gregorio M. Sanson, joined by his wife Ma. Lourdes Tirol- Sanson vs. The Ati Indigenous
Cultural Community/Indigenous Peoples (ICC/IPs) of Boracay Island, represented by Delsa
Supertran Justo, and the National Commission on Indigenous Peoples (NCIP), G.R. No. 224462
decided by the Supreme Court First Division through a resolution on June 10, 2019.

11
Coron’s Enchanting Lake- Yahoo
12
Mapping the Ancestral Lands and Waters of the Calamian www.iapad.org

14 | P a g e
practiced cave burial and were nomadic fisherfolk and forager, periodically
shifting along the shores and outlying islands of mainland Busuanga.

The Calamian Tagbanwa homeland was once host to rich, diverse, unique
and ecologically intact marine and terrestrial ecosystems unrivaled in Southeast
Asia. Anthropologists from the National Museum, marine scientists from the
University of Georgia as well as the national program for the Integrated
Protected Areas (IPAS) have deemed the area one of the richest in terms of
biological diversity, featuring tropical lakes that may be unique in the world. It is
also one of the largest sources of economically important marine life and
remains a major supplier of marine products to Hong Kong, Taiwan, Manila,
Lucena, Malabon, Mindoro, Cebu and other Visayan islands.

Yet graver issues were threatening the viability of their ancestral islands
to support their families and communities. In the early 70s, the municipal
government of Coron announced that it was seizing all the clan caves in Coron
Island and declaring them as its property. As such, all the clan caves were to be
auctioned off (subasta) to raise revenue for the municipal treasury.

In yet another campaign to raise the tax effort of the treasury, the
municipal government auctioned off tax declarations which had lapsed with their
payments. Since most of the Tagbanwas could not afford the annual payments
dictated by the municipal treasury, many of their tax declarations were
auctioned off to tourist resort developers, real estate agents, and the like. The
buyers, convinced that they had gained rights over the land, attempt to evict
Tagbanwa families from holdings which had been occupied or used by
communities since time immemorial, for example white sand beach properties.

Yet in other Calamian Tagbanwa communities, tourist resort developers

simply grabbed lands and evicted entire Tagbanwa sitios after securing contracts
from local DENR units. Pasture lease agreements issued on ancestral lands had
been granted by the CENRO to local political leaders such as mayors and
municipal councilors. A pattern of political patronage in exchange for contracts
and permits for the extraction and use of natural resources was emerging.

15 | P a g e
 From the early 90s, the pressure on the Tagbanwa to leave their islands
and give way to tourist resort owners and developers began to intensify. The
entry of tourists into their homelands also caused grave concern for the safety of
their children who remain free to roam the islands and forage for food without
fear.

G. The Bagobo-Klata of Sitio Kahusayan, Davao City13

In May 1936, the area of the Bagobo-Klata had been amalgamated into the
Mount Apo National Park through Presidential Proclamation No. 59 issued by
then President Manuel L. Quezon. As stated in the proclamation, the land was
reclassified into a park for “purposes of the benefit and enjoyment of the people
of the Philippines and be withdrawn from sale, settlement, or other disposition,
subject to private rights, if any there be.”

During the 1950s -60s, logging concessionaires started to engage in

harvesting dipterocarp trees growing in Kahusayan and other areas within the
Bagobo-Klata domain on the northwest slope of Mt. Apo, although not
necessarily all by legal means. The Kahusayan road was opened by the loggers to
transport poached logs and timber to their log-ponds.

It was around 1970 to 1982 that Visayan migrants, organized as members

of the Waray-Waray Association (WWA), entered and began claiming land areas
around and within Kahusayan as their own. Despite the national decree
declaring the area a national park, this migration into the Bagobo-Klata domain
and other neighboring areas by the Visayan (specifically Waray- natives of Samar
and Leyte provinces in Eastern Visayas) was supported by the resettlement
program of the government of President Ferdinand Marcos (whose wife, Imelda
Marcos, is herself a Waray). These migrants succeeded in obtaining land titles for
pieces of land within the area ancestrally belonging to the Bagobo-Klata
ICCs/IPs.

“Yuta ang kinabuhi”, ‘Land is life’; The State and the Bagobo-Klata of Sitio Kahusayan, Davao
13

City by Julienne S. Baldonado

16 | P a g e
H. The Manobo Experience14

In the Philippines, an estimated 85 percent of its remaining forests and 96

out of 128 of its key biodiversity areas overlap with indigenous territories. This
is a strong indication that indigenous peoples and their communities are central
actors in protecting and conserving the Philippines’ remaining forests and in
sustaining diverse life across the country. One such community is that of the
Manobo in the villages of Sote and Baguis in the hinterlands of Bislig City,
province of Surigao del Sur, island of Mindanao. This community calls their
territory Pangasananan, which covers about 6,996 hectares.

Pangasananan is an old Manobo word that literally means a place where

food, medicines and other needs are obtained. It is where the Manobo hunt wild
game, collect honey, cultivate farms of fruits, vegetables, root crops, and upland
rice, plant and grow pulp-wood trees, get fish and shellfish for a meal, gather
herbs and spices for their dishes, and collect various plants to cure illnesses of
the body, mind and spirit. It provides them shelter and space to live and learn, a
means to connect with the spirit world and their ancestors, a place for eternal
repose and an inheritance to their children.

The territory is divided into nine sectors called Kadumalahan. Each is

headed by a Hawudon who is in charge of decision-making, conflict resolution
and territorial security. Together, the Hawudon of each Kadumalahan form the
council of elders. This council convenes when the leaders need to discuss matters
that affect the whole territory such as policy formulation and resolution of issues
not resolved at the sectoral level. The Hawudon is helped by the Mala’as, Bagani
and Baylan.

The Mala’as is a respected and influential elder in the community. They

form the council of elders called Kamala’asan. They act as counsellors to the
Hawudon and may influence the Hawudon’s decision but are not decision-
makers themselves. The Bagani (warriors) help in the enforcement of policies,
physical security and apprehension of illegal activities such as logging, poaching
and migrant entry without consent. The Baylan (spiritual leader) does not
14
Pangasananan: The territory of life of the Manobo People in Mindanao, the Philippines by
Glaiza Tabanao

17 | P a g e
partake in decision-making and enforcement of community laws. Their role is
making sure that the community’s spiritual link is sustained. The conduct of
rituals that require invoking powerful spirits for blessing, guidance and consent
can only be facilitated by a Baylan.

I. The Agta Experience15

Being descendants of the Philippine Archipelago’s first colonizers who

settled on the islands between 35,000 and 60,000 years ago, the Agta are
recognized as indigenous peoples under the IPRA. Today, they number around
10,000 individuals, belonging to 16 different language groups living throughout
the Sierra Madre Mountain Range in Northern Luzon. The Agta follow a mixed
livelihood strategy consisting of fishing, hunting, gathering, barter with
neighboring farmers, logging, paid labour and extensive agriculture.

The Agta and their ancestors have maintained socio-economic

relationships with non-Agta for at least 4,000 years. The number of non- Agta
residents in the Northern Sierra Madre has however much increased in the
second half of the 20 th century, as immigrants came in search of land and
employment in the logging industry that was vibrant in Isabela until the early
1990s. As a consequence of immigration, logging and the associated conversion
of forest land into agricultural land, pressure on the Agta’s hunting and fishing
grounds has correspondingly increased.

J. The Kankanaey and Ibaloy of Itogon, Benguet16

The Kankanaey of Itogon today do not have as much to say about their
history in the area as do the Ibaloy. The former, in fact, were looked down on by
some of their Ibaloy neighbors for their alleged lack of roots in the area. These
Ibaloy often say of them, in Iloko, “Dayo laeng dagita- those are merely

15
Limits to Indigenous Participation: The Agta and the Northern Sierra Madre Natural Park, the
Philippines
16
On the Basis of Custom and History: Land Resource Ownership and Access Rights among the Igorot
of the Itogon Mining Area by Lulu A. Gimenez

18 | P a g e
migrants.” It seems these Ibaloy have forgotten-or chosen to ignore the fact- that
most of their own ancestors were migrants here as well and preceded the first
Kankanaey settlers by less than a century.

The arrival of the Kankanaey and other recent-day settlers in the area
was, for the most part, associated with the coming of the Americano and the early
phase of the development of large mining operations here.

The coming of mine prospectors and mining companies in Itogon opened

up new livelihood opportunities which relatively few of the local residents found
attractive, but which drew in a relatively large number of migrants. The
prospectors hired men to assist them in locating ore deposits and digging assay
holes. Through contractors, the companies found men who could blast rocks or
drill through them, fell logs, install mine timber shoring, haul various types of
structures, and build roads and various types of structures. Then the companies
hired men on a more regular basis- drivers, tram operators, timber crews,
maintenance crews, and most important of all, the muckers and the operators of
the ore processing mills.

From the prospectors and the mining companies, the new migrants and
the Ibaloy, too learned of tools with which gold deposits that had been
inaccessible to indigenous Benguet technology could now be reached. These
included carbide lamps that could take the place of pine torches and hard metal
implements that could take the place of the Benguet ore- picking tool.

Most of the new migrants were kankanaey. They came from Suyoc, an
ancient gold mining district in the present municipality of Mancayan, 17 where
some Americano were struggling to put new mines in operation; from the
Mancayan copper mining district, where Lepanto Consolidated was operating;
from Gambang, a place which was once rich in copper and which was located
between Ampusongan in the present municipality of Bakun and Loo in the
present municipality of Buguias, from Ampusongan itself and Loo itself, and
other parts of Bakun and Buguias. A few came from Kibungan. There were also
Kankanaey from different areas who had been living near Acop’s place, along the
17
As one of the 13 municipalities of Benguet Province, it is spelled as Mankayan. It is also an ancestral
domain.

19 | P a g e
Mountain Trail boundary between Tublay and Atok. Those of these migrants who
are still living today, and the children and grandchildren of the ones who have
passed away, say that they or their forebears decided to relocate in Itogon
because jobs, gold deposits, and cultivable land of good quality were more
accessible here than in their areas of origin.

III. MIGRATION IN THE INTERNATIONAL SCENE

According to the United Nations Department of Economic and Social

Affairs (UNDESA), an international migrant is a person living outside of their
country of birth. Migration is often driven by the search for better livelihoods
and new opportunities. Many people who migrate, however, have not necessarily
chosen to do so. Forced migration is becoming ever more prevalent as a result of
civil, political and religious persecution and conflict.

Migrants are people who move from their country of usual residence or
nationality to another country. A migrant may move for economic or educational
reasons, to flee from natural disasters caused by climate change or to escape
persecution, human rights abuses, threats to life or physical integrity, war and
civil unrest.18

IV. OUTPUT OF FOCUS GROUP DISCUSSION AND INTERVIEWS

The Focus Group Discussion (FGD) participated by the representative

elders/leaders from the six (6) clans within the Happy Hallow Ancestral Domain,
namely: Canuto, Liwan, Otinguey, Paytocan, Pitlongay, and Siso clans was
conducted on August 6, 2021 while separate personal interviews with Happy
Hallow Punong Barangay Joseph Sacley and IPMR Aladina Diano were done on
August 24, 2021. Documentation output underwent validation. The first
validation activity was on September 9, 2021 while the second one was on

18
Protecting Migrants under the European Convention on Human Rights and the European Social
Charter: A handbook for legal practitioners

20 | P a g e
September 17, 2021. All the activities were held at the second floor of the Happy
Hallow Barangay Hall.

A. THE TERM MIGRANT

The responses given by the community participants at the start of the

Focus Group Discussion when asked to write down their own understanding of
the term migrant are the following:

1) Sota to-o ja dinmaw, inmiyan shiyay ja enki-kaaruba (A person who arrived

and stayed in the place and became a neighbor),

2) A person who moves from one place to another to look for work and a place to
stay,

3) Apan lang nag-tour, haan nga taga ditoy temporarily (One who just made a
tour and not from this place),

4) Moves from one place to another,

5) People who come to stay within the ili. Aliven taga-shiyay (Not from this
place),

6) Nakiili nga saan nga taga ditoy Happy Hallow (One who lived with the
community and not from Happy Hallow),

7) Aliven nay-enak shiyay (Not born in this place),

8) They are to be considered as group of people who are not originally residents
and wanting to stay in the territorial jurisdiction of the AD,

9) Wanderer. Taong palipat-lipat ng tirahan (Person who transfers residence

from one place to another),

10) Person that comes to join and stay in our barangay,

11) Nakiili (One who lived with the community),

12) A person residing from a certain place that transfers to another place or
residency.

21 | P a g e
13) Sab-sab-o, ginmatang lang – buyer (Buyer only),

14) Toto-o nga inmay naki-ili babaen iti relatives (Person who came and lived
with the community through relatives), and

15) Ipugao ay inmali naki-ili sinan ili thru relatives (Person who came and lived
with the community through relatives)

In the discussion that ensued, the community participants agreed that a

migrant in the community is referred to as nakiili in the Kankana-ey language or
nakikaidian in the Ibaloy language.

Moreover, a person who intends to migrate in the community is referred

to as makiili in the Kankanaey language or maki-idi in the Ibaloy language.

The term dayo was also shared which is an Ilocano term referring to a
migrant.

The term sab-o was the subject of exhaustive discussion. There were
participants who refer to sab-o as:

1) Nainayon/nailaok (One who joined a group for example),

2) Inmay nga nakiili nga mayat ti seser-rek na nga haan nga nag-squat ngem no
inmay nga haan nga mayat inaramid na ket sab-sab-o (One who entered the place
in good faith and did not squat but he/she is sabsab-o if he/she arrived in bad
faith),

3) One who is not born in the ancestral domain.

It was also shared during the discussion that the term sab-o came out in
the hearing of a case in court regarding the status of a person in the ancestral
domain and it turned out that such term refers to an outsider or one who is not
from the place.

In the end, the participants agreed that sab-o is one who came from
another place who settled in the domain and does not have relatives in the
locality. When he or she does an infraction in the community, the following
comments are heard: “Sab-sab-o met gamin” (He/she is only a migrant, that’s

22 | P a g e
why) or “Sab-o dedan sa isunga adi da ammo din ugali na” (He/she is only a
migrant, that’s why they do not know his/her character).

In a study conducted by the group of Rowena R. Boquiren in 1988, it was

mentioned that the recent settlers (in Happy Hallow) since the post-war period
who have no relatives residing in the barangay are referred to as sab-u.19

It appears that the early settlers in the ancestral domain are the Ibaloy.
Then came the Kankana-ey followed by the Kalanguya. It has been observed that
the cultures and traditions of these ethnolinguistic groups blend with each other.

B. REASONS FOR THE ENTRY OF MIGRANTS IN THE ANCESTRAL DOMAIN

As perceived by the community participants, the following are the

reasons:

1) Economic aspect/Employment opportunities/Search for greener pasture

The employment opportunities at the Camp John Hay (now Club John
Hay) and the Baguio Country Club which are adjacent to the ancestral domain
have enticed migrants to settle in the place. One employment or livelihood
opportunity which served as magnet for migrants was the mining operations
started by the Americans in the neighboring place of Gumatdang, Itogon, Benguet
in the 1930s and taken over later by the Benguet Consolidated, Inc. (BCI). Logs
used for the mining operations were even taken from Happy Hallow. It must also
be noted that small-scale mining activities in the area preceded the large scale
mining operations started by the Americans.

Others came to the ancestral domain as agricultural workers and later

opted to permanently reside in the locality. The influx of farm workers in the
ancestral domain came as no surprise because its primary source of livelihood is
agriculture. Before the July 16, 1990 earthquake, rice harvesting is done twice a
year in the months of June and December. The earthquake, however, has
adversely affected the sources of water irrigating the rice fields which prompted
19
Labor Utilization in a Mix of Livelihood Systems: The Case of Happy Hollow by Rowena
Boquiren, et al.

23 | P a g e
the people to shift to cut flower industry and vegetable farming. All kinds of
vegetables would thrive such as beans, broccoli, tomatoes, cabbage, wombok and
pechay but the harvest is not as bountiful as that of the vegetable farms along the
Mountain Trail in Benguet because the soil in the ancestral domain is acidic.

2) Intermarriage

Outsiders migrated in the ancestral domain because they got married to

Indigenous Peoples of the place.

3) Acquisition or lease of real properties inside the ancestral domain

Migrants came to the ancestral domain because they purchased or rented

lots or buildings. It was brought out during the FGD that a property owner
allegedly sold his lot to a migrant and bought a rice field in the lowlands because
he lost hope on the policy of the government that his land belongs to it. However,
it was learned during the validation activity that this is rare or an isolated case.

4) Mortgage of house/lot

There was an isolated case that a property owner due to financial

constraints borrowed cash from a lender outside the ancestral domain offering
his house/lot as collateral with high or usurious interests such that time came
that he can no longer afford to pay the principal amount and interest. As a
consequence, the lender became the owner of the mortgaged properties.

5) Natural beauty of the ancestral domain

The Happy Hallow Ancestral Domain is one of the few places in the city
where there are remaining forests. As such, there is fresh air. One who is in the
ancestral domain can also have a nice view of the adjoining places.

24 | P a g e
 Moreover, the area is sparsely populated unlike other areas in the city
where the population is large.

6) Opening and concreting of access road and energization.

In the earlier times, Happy Hallow can only be accessed by trails. There
was a trail from Country Club to Purok 1 and another trail from Apugan20 (now
Kadaclan) towards the Voice of America. Later on, a one-way 3-meter wide road
was opened. The concrete 2-way diversion road traversing Happy Hallow from
Kadaclan to Country Club was completed in 2009. Energization of the barangay
was in the 1990s. These developments attracted migrants to settle in the
ancestral domain.

7) Kinship

Relatives of those who earlier settled in the ancestral domain from other
places came to join them before or after the processing of the Certificate of
Ancestral Domain Title (CADT). The community did not react on the entry of
these migrants because the latter built their houses on the lots owned by their
relatives whom they came upon.

Below is a table obtained from the records of the Happy Hallow Barangay
Local Government Unit showing the various ethnolinguistic groups and non-IP
groups presently inhabiting the barangay of which the ancestral domain is a
part:

Language/Dialect Spoken

Dialect/Tribe Number Percentage

Applai 172 4.37%

20
Apugan was known in the 1930s as Kiweng and became Kadaclan in the 1990s as relayed by Happy
Hallow Sangguniang Barangay Member Tito Segundo during the first validation activity on September
9, 2021.

25 | P a g e
 Bicolano 13 0.33%

Bontoc 24 0.61%

Ibaloi 1,393 35.39%

Ifugao 24 0.61%

Iliganon 1 0.03%

Ilocano 193 4.90%

Ilonggo 7 0.18%

Itneg 12 0.30%

Kalanguya 286 7.27%

Kalinga 17 0.43%

Kankanaey 740 18.80%

Kapampangan 2 0.05%

Maranao 5 0.13%

Pangasinense 15 0.38%

Tagalog 62 1.58%

Visaya 7 0.18%

Waray 4 0.10%

Tingguian 4 0.10%

Tuwali 5 0.13%

Others 950 24.14%

Total 3,936 100.00%

26 | P a g e
C. ORGANIZATIONS THAT ENTERED THE ANCESTRAL DOMAIN IN THE PAST

These are:

> Gaston Z. Ortigas provided financial assistance in the processing of the

ancestral domain claim.

> Jaime V. Ongpin Foundation provided water tank to the community.

> Igorota Foundation helped in the documentation of the history of Happy

Hallow Ancestral Domain.

> Plan International provided livelihood project in the community.

> Good Roots Foundation established nursery in the community and propagated
seedlings of fruit trees as well as mahogany and narra trees distributed to
community members. This is a foreign funded Filipino organization headed by a
certain Benjamin Wallace.

D. POSITIVE EFFECTS OF THE ENTRY OF MIGRANTS

These are:

1. Migrants lend helping hand in difficult times like death of a community

member.

2. Finances of community members improve because there were migrants

who became their business partners.

3. There are migrants who contributed for the litigation expenses and
paper works relative to the case filed by BCDA for the cancellation of the Happy
Hallow CADT. They even gave contributions during the processing of the CADT
application.

27 | P a g e
E. NEGATIVE EFFECTS OF THE ENTRY OF MIGRANTS

These are:

1) There was a migrant who purchased only a lot in square meters but
expanded it in hectares when he obtained a tax declaration to the prejudice of
the six (6) clans in the ancestral domain which have their own claims in the area.
The tax declaration covers an area of 9 hectares of which 5 hectares lie within
the ancestral domain while the remaining 4 hectares are located in the
neighboring barangay of Country Club. Worse, portion of the Happy Hallow
Elementary School is covered by the tax declaration.

Portions of the area declared for taxation purposes were later sold by the
migrant. The migrant even had a caretaker who brought outsiders to reside or
put up structures in the area covered by the tax declaration and went to the
extent of selling portions thereof. These actuations caused friction or conflict
between and among the migrant, the caretaker and the CADT/right holders.

Not only that, 30 outsiders or squatters put up 20 shanties in the

communal forest or watershed of the ancestral domain in Purok 1 including
individual ancestral land claims in June of 2020 which prompted the ancestral
domain owners to demolish the same. This caused the filing of a complaint
against the latter before the City Prosecutor’s Office but the same was dismissed.
Said office gave weight to the fact that the ancestral domain has a CADT and it is
the right of the ancestral domain owners to protect it from destruction or
encroachment.

Outsiders or squatters were also able to occupy almost half hectare of the
ancestral domain on the side of the Kadaclan Village despite the protestation or
objection of the Council of Elders/Leaders.

2) There are migrants who make their own hose connections in the water
source of the community without asking permission from the latter. They do not
respect the community whom they came upon. Worse, there are migrants who
encroached on the water source of the community.

28 | P a g e
 3) There are some migrants who dump their garbage on the road instead
of bringing it to the designated hauling area. Meticulous examination of the
garbage shows that the same originated from the households of these migrants
because their names are found on it.

4) There are migrants who encroached on waterways such that the same
became narrow thereby causing floods.

5) “Apaenda ti nadanonan da” (There are migrants who fight the very
people whom they came upon).

F. RULES AND REGULATIONS TO BE IMPOSED ON THE ENTRY OF MIGRANTS

AND ENTITIES TO INCLUDE ORGANIZATIONS TO THE ANCESTRAL DOMAIN

With the negative effects of the entry of migrants in the ancestral domain
observed in the past, measures under customary laws/practices must have to be
clearly defined for the guidance and compliance of those who are intending to
migrate to the ancestral domain. It must be stressed that the ancestral domain is
very small supposed to accommodate only the current community members,
their children and children’s children. If there is an influx of migrants, time will
come that the ancestral domain owners will be at the losing end.

The Council of Elders/Leaders of the ancestral domain plays a vital role

on the matter as it is the one that prescribes the regulatory measures on the
entry of migrants to be followed. The imposition of such measures is bolstered
by the fact that the ancestral domain has a CADT.

29 | P a g e
 Happy Hallow Barangay Hall in Purok 2 where the Council of Elders and Leaders hold its meetings.

During the FGD and personal interviews, the following insights were
given which can be incorporated in the rules and regulations to be promulgated
by the Council of Elders/Leaders relative to the entry of migrants to the ancestral
domain, to wit:

 AS TO WHO SHOULD BE ALLOWED TO ENTER THE ANCESTRAL

DOMAIN AS MIGRANTS:

1) Those who will get married to ancestral domain owners and decide to
permanently stay in the ancestral domain. A migrant who entered the ancestral
domain by reason of marriage can only put up his/her house on the lot owned by
the family of his/her spouse.

2) Relatives of ancestral domain owners from other places but they can only
occupy lots owned by the latter.

3) Business partners of ancestral domain owners but the business activities can
only be done in the lots of the latter. The stay of the former whether it is
permanent or temporary is subject to further regulatory measures, guidelines
and restrictions to be imposed by the ancestral domain owners through the
Council of Elders/Leaders.

30 | P a g e
 It must be noted that there is no relocation site in the Happy Hallow
Ancestral Domain for victims of natural calamities from the outside. Thus, such
people will not be allowed to migrate to the ancestral domain.

 AS TO THE DUTIES AND RESPONSIBILITIES OF A MIGRANT ONCE

ALLOWED ENTRY IN THE ANCESTRAL DOMAIN:

1) Make a written commitment to obey rules, regulations or policies

promulgated by the Council of Elders/Leaders.

2) Embrace/respect the culture and tradition of the community and share with
the responsibilities and accountabilities of the CADT holders or beneficiaries.

3) Obey national laws and ordinances enacted by the Sangguniang Barangay and
the Sangguniang Panlungsod.

4) Refrain from erecting buildings/houses in environmentally critical areas such

as forests and water sources or converting such areas into farms.

5) Refrain from burying their dead near the water

source/watershed/spring/water reservoir most especially the areas where the
water being used for drinking or cooking comes from.

 TREATMENT ON PERSONS WHO EARLIER MIGRATED TO THE

ANCESTRAL DOMAIN:

There would be no question on migrants who:

1) Earlier came to the ancestral domain because they had talks or arrangements
with the ancestors of the ancestral domain before and were allowed to stay by
the different clans;

2) Came to the ancestral domain before the filing of the application for CADT
and their stay was tolerated by the community;

31 | P a g e
3) Are willing to embrace the culture and tradition of the community and share
with the responsibilities and accountabilities of the CADT holders/beneficiaries
like payment of dues or contributions when necessary for community welfare;
and

4) Are staying in the ancestral domain because of court decision in their favor.
There were instances before that houses/lots were mortgaged to outsiders and it
came to a point that the transaction became the subject of a court case with the
mortgagees emerging victorious in the end.

 CERTIFICATE TO BE ISSUED BY THE COUNCIL OF ELDERS/LEADERS

TO A MIGRANT

A migrant shall be issued a Certificate of Acceptance by the Council of

Elders/Leaders after a background investigation. The issuance of such certificate
is subject to rules and regulations to be promulgated by it and all migrants in the
ancestral domain must be listed for monitoring purposes. It was learned during
the second validation activity that all the clans have their respective lists of
migrants. What needs to be done only is the submission of the same to the
Council of Elders/Leaders for consolidation and validation.

In line with the monitoring of migrants, a directory of migrants in the

ancestral domain would be necessary containing the (1) name of migrant/s, (2)
year of migration, (3) host clan, (4) address in the ancestral domain, (5) place of
origin, (6) ethnolinguistic group, if any, (7) improvements/structures introduced
and location, (8) present occupation/employment, (9) reason/s for migration,
(10) other relevant information.

 RESPONSIBILITY OF ANCESTRAL DOMAIN OWNERS WHO

PREVIOUSLY SOLD LOTS TO MIGRANTS:

They must ensure that the buyer migrants should occupy only the lots
sold to them and not make any expansion.

32 | P a g e
  AS TO WHAT ARE THE ENTITIES ALLOWED TO ENTER THE
ANCESTRAL DOMAIN:

Those which are duly registered with the Securities and Exchange
Commission (SEC) or any other registering agencies and they have programs or
projects for the benefit of the ancestral domain and its inhabitants may be
allowed entry to the ancestral domain. However, the ancestral domain is off
limits to communist terrorist groups as well as entities supporting their cause.

A foreign entity may also be allowed to enter the ancestral domain for as
long as it is neither a supporter nor financer of communist terrorist groups or
organizations and it has programs that would redound to the general welfare of
the community.

 TERMS AND CONDITIONS FOR ENTITIES INTENDING TO ENTER THE

ANCESTRAL DOMAIN:

Those which are going to extract or utilize natural resources within the
ancestral domain must have to secure the consent of the ancestral domain
owners through the Free and Prior Informed Consent (FPIC) process. Consensus
building or decision making involves not only the Council of Elders/Leaders but
also its constituents and the barangay local government unit for purposes of
checks and balance.

 CONFLICT RESOLUTION SYSTEM

The conflict resolution system in the Happy Hallow Indigenous Cultural

Community provided in its Indigenous Political Structure (IPS) shall be applied
to settle disputes involving migrants.

Under the IPS, the Council of Elders/Leaders is the recognized authority

on conflict resolution and peace-building processes. In case a dispute is referred

33 | P a g e
or endorsed to it by the Lupong Tagapamayapa or the Police Station for
settlement, the council will schedule the “tongtong.” Here, the council in the
presence of the conflicting parties will discuss among themselves on how to
settle the dispute and endeavor to arrive at a win-win solution.

Disputes are categorized as heavy, medium, and light as shown below:

1. Land disputes such as:

a) Boundary- Heavy

b) Encroachment- Heavy

c) Inheritance- Heavy

d) Altering landmarks or boundaries- Heavy

e) Illegal occupation of real property- Heavy

2. Marital/Family Conflicts/Problems such as:

a) Erectile dysfunction/Impotency- Light

b) Adultery/Concubinage- Heavy

c) Separation- Heavy

d) Abandonment- Heavy

3. Thievery- depends on what was stolen

4. Burning of forest- Heavy

5. Pollution/poisoning of creek- Heavy

6. Illegal cutting of trees- Heavy

7. Water source dispute- Heavy

8. Illegal squatting- Heavy

9. Rape- Heavy

34 | P a g e
 10. Unjust vexation/oral defamation- Medium

11. Public disturbance due to drunkenness- Medium

12. Malicious mischief- Light

13. Physical injury- Light or Heavy

14. Threat- Light

15. Homicide- Heavy

16. Intriguing against honor- Medium

17. Deceits- Medium

18. Trespassing- Medium

19. Coercion- Light

20. Others

The guilty party will be meted a penalty known as “multa” as peace

offering commensurate to the infraction done. An example is the butchering of a
pig to feed those gathered during the tongtong which can be imposed on the
guilty party as a penalty. By reason, however, of age-old or traditional beliefs,
there are people who cannot partake of the cooked meat.

There may also be instances that the Council of Elders/Leaders will

recommend or require the performance of a ritual as when a husband and wife
settled their differences amicably. Such ritual is called “mansingpet” or “es-eset,” a
ritual of reconciliation in which they would affirm their vows before Kabunyan
or the Almighty God.

In the case of an erring entity, its officers may be held liable in addition to
the cancellation of its certificate of registration or license.

V. CONCLUSION AND RECOMMENDATION

35 | P a g e
 The ICCs/IPs of the Happy Hallow Ancestral Domain want peaceful co-
existence with those who earlier migrated to their place and also to the
individuals intending to migrate and the entities which have plans to operate in
the ancestral domain. Their Council of Elders/Leaders of which the members
come from the six (6) clans play a great role in regulating the entry into the
ancestral domain of migrants and organizations.

Understandably, the ancestral domain owners do not want to be

displaced by the coming in of migrants and organizations as experienced by
other ICCs/IPs. Measures must have then to be put in place to avoid such
scenario. It is the council which can truly prescribe do’s and dont’s for the
migrants and organizations taking into consideration good customs and
practices of the community. The policies on the entry of migrants and
organizations into the ancestral domain promulgated by the council are
necessary to maintain unity and harmony in the ancestral domain and prevent
its destruction.

There are matters that may have been overlooked in this study but it is an
honest to goodness attempt to document the customary laws on the entry of
migrants and organizations considering that there was no previous
documentation made on the same as earlier stated.

It is then recommended that further researches or studies be made by

government offices or private researchers not only on the foregoing subject but
also on the other aspects of the lives of the Happy Hallow Ancestral Domain
ICCs/IPs and their plight as Indigenous Peoples in the country. Through these
researches or documentations, appropriate assistance may be extended to them
by the public and private sectors or policies may be crafted by the government
for their general welfare.

Finally, it is recommended that the inputs given during the

documentation and validation activities be given kind consideration in the
formulation of rules and regulations by the Council of Elders/Leaders and

36 | P a g e
enactment of barangay ordinance governing the entry of migrants and
organizations into the Happy Hallow Ancestral Domain.

REFERENCES

academia.edu/20023191/Indigenous Peoples Rights Act of 1997: A Critical

Policy Analysis

ANCESTRAL DOMAIN AND NATIONAL PARK PROTECTION

talamdanwordpress.com > 2007/09/28

Boquiren, Rowena, et al. 1988 Labor Utilization in a Mix of Livelihood Systems:

The Case of Happy Hollow

Bridging Customary Practices and Land Tenure Rights, Tebtebba Policy Brief
Philippines, Right to Land Tenure, May 2019

Coron’s Enchanting Lake – Yahoo

Gimenez, Lulu A. On the Basis of Custom and History: Land Resource Ownership and
Access Rights among the Igorot of the Itogon Mining Area

Happy Hallow Ancestral Domain Briefer prepared by NCIP-Baguio

Happy Hallow Ancestral Domain Sustainable Development and Protection Plan

(ADSDPP) Second Edition

Limits to Indigenous Participation: The Agta and the Northern Sierra Madre
Natural Park, the Philippines

Mapping the Ancestral Lands and Waters of the Calamian www.iapad.org

Protecting Migrants under the European Convention on Human Rights and the
European Social Charter: A handbook for legal practitioners

QUESTION OF PRIVILEGE OF REP. PADILLA, www.congress.gov.ph > legisdocs

>basic _ 16

Sanson vs. The Ati Indigenous Cultural Community/Indigenous Peoples

(ICC/IPs) of Boracay Island and the NCIP, G.R. No. 224462, June 10, 2019.

Tabanao, Glaiza. Pangasananan: The territory of life of the Manobo People in

Mindanao, the Philippines

worldmissionmagazine.com/archives/august-2018/struggles-ati-people

“Yuta ang kinabuhi”, ‘Land is life’; The State and the Bagobo-Klata of Sitio
Kahusayan, Davao City by Julienne S. Baldonado

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 PICTORIALS DURING THE FOCUS GROUP DISCUSSION/INTERVIEWS

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 PICTORIALS
DURING THE
VALIDATION

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