ill:lP - R.E.

Regional Hearing Office 4

3'd Floor, Argo Building, 574 EDSA Corner P. Tuazon Blvd., Cubao, Quezon City 1109

THE TAGBANUA PALAWANOS For:

TRIBE,
KATIMPEDAI{ ET MGA BAGERAL, ENFORCEMENT OF SECTION 16
OFFICE OF THE I.{ASICAMPO, OF THE R.A. NO. 8371 AND
represented by MARADIA REDEEM SECTIONS 1 AND 6 OF PART I
M. JOYA RULEIV OF R.A. No. 8371 WITH
Petitioner, PRAYER FOR ISSUANCE OF
TEMPOMRY RESTRAINING
ORDER/PRELIMINARY
-versus- INJUNCTIONIINJUNCTION WITH
MANDAMUS;
ROSALINO LISAG

ROBERT CURSOD JR. Case No, RIV - lto - lY

JOEL LIMSA

JONATHAN ONG

ENGR. ROLDAN PARANGUE

NCIP Provincial Officer

MR, DOiIINGO OPRAS

NCIP Field Officer,

MR. RICARDO SANGA

NCIP Field Personnel,

LENNY ESCARRO,
DILG MLGO
Respondents,
PETITION

Petitioner, by himself, and to this Honorable Court, respectfully states that:

1. Petitioner is a Filipino, of legal age, single and resident of Barangay Poblacion,
Aborlan, Palawan. A mernber of the Tagbanua Palawanos Indigenous Tribe by self-
ascription and ascription by others; a recognized leader having the title of Maradia
et Masicampo;
2. Respondent Rosalino Lisag is a Filipino, of legal dge, resident of Barangay
Gogognan, Aborlan, Palawan where he can be served with surnmons and other
court processes, and a member of the Tagbanua Indigenous Tribe;

3. Respondent Robert Cursod Jr. is a Filipino, of legal age, resident of Barangay

Iraan, Aborlan, Palawan where he can be served with summons and other court
processes, and a member of the Tagbanua Indigenous Tribe;

4. Respondent loel Limsa is a Filipino, of legal ?g€, and Indigenous people's

Mandatory Representative holding an office at the Narra Municipal Hall, Poblacion,
Narra, Palawan where he can be served with summons and other court processes,;

5. Respondent Jonathan Ong is a Filipino, of legal age, and the current Indigenous
People's Mandatory Representative holding an office at Sofronio Espaniola
Municipal Hall, Espaniola, Palawan where he can be served with summons and
other court processes, ;

6, Respondent Engr. Roldan Parangue is being sued in his official capacity as the
current Provincial Officer of the NCIP Provincial Office;

Respondent Domingo Opras is being sued in his official capacity as the current
NCIP field personnel assigned in Aborlan, Palawan;

Respondent Ricardo Sanga is being sued in his official capacity as the current NCIP
field personnel assigned in the second district of Palawan; and

9. Respondent Lenny Escarro is being sued in her official capacity as the Municipal
Local Government Officer of the Department of Interior and Local Government in
the Municipality of Aborlan;

l0.That on October 29, L997 Republic Act No. B37L otherwise known as the
Indigenous Peoples Rights Act or IPRA was enacted, whereas, Section 16 of said
law provided for a mandatory representation in all local legislative bodies. The
Rules and Regulations Implementing the IPRA also guaranteed protection to the
socio-political structures of the ICCs/IPs in so far as it mandates the NCIP in
coordination with the DILG to formulate measures to promote and protect these
socio-political structures. In 2009, the NCIP has promulgated A.O. 001-2009
declaring, arnong others, that only traditional leaders are qualified to fill-up these
Indigenous Peoples Mandatory Representative (IPMR) positions;

ll.Respondent Rosalino Lisag is the present occupant of the Municipal IPMR-Aborlan.

He claims to have the title Tribal Chieftain/Kasarigan and Digadong. Mr. Rosalino
Lisag has been publicly known as a member of Tribal Chieftain/Kasarigan
Organization in the municipality but it never occurred to us that he or his family
have ever possessed the title of Digadong. While, it is submitted that the case is
pending before the NCIP-RHO Region IV for the determination of the true holder
of the Masicampo title, the position must be deemed "in hiatus" in order to prevent
further injury that can be committed by Mr. Robert Cursod Jr., who, acting as
 Masicampo, consents to the appointment of non-customary mechanisms that
supplants and destroys the hierarchy which is inimical to our cultural integrity;

12.Just the same applies with the IPMR of the Municipalities of Narra and Espaniola,
respectively, Mr. loel Limsa and Mr. Jonathan Ong, who, not having any traditional
titles, but merely steps upon the shoes of tribal leaders and representing
themselves as Tribal Chieftains/Kasarigan which is a non-indigenous leadership
system. It is contended that the manner of representation of these tribal
chieftains, while admittedly, was not culturally adherent to our indigenous
customs, greatly corrodes the hierarchy and authority of those present traditional
leaders who have inherited their titles from their predecessors and have kept the
culture of TagbanuaslPalawanos intact;

13.The recognition of the Tribal Chieftains/Kasarigan Organization has threatened the

socio-political structure of the Tagbanua Tribe, in fact, they have supplanted the
hierarchy of traditional leader and have arrogated upon our rights under the IPRA
constituting a violation of our cultural integrity;

14. There was no sufficient explanation provided by the NCIP and DILG as to the basis
of their organization of the Tribal Chieftains/Kasarigan Association and as to how
the members of this association has filled-up the IPMR Position such as the case
of Aborlan,Narra, and Espaniola-IPMR;

15. Management and administration of the tribe rests solely with the socio-political
structures and the traditional titles that we possessed also emerged from the
dynamics of our customary laws and practices which is subject to socio-cultural
and religious traditions;

16.The principle of inter-generational responsibility prevents us, present leaders,

from destroying these centuries-old customs or traditions and compels us to put
up a premium on the perpetuity of our cultural existence, otherwise, history will
judge us if we fail to protect our heritage. As our history revealed, before there
were Filipinos there was already a great and peaceful Tagbanua nation. Indeed, it
would be a sad day, when children of tomorrow will wake up learning of a past
that was destroyed by the present and will realize that they have no rnore genuine
cultural identity of their own.

RELIEF
WHEREFORE, in the light of the foregoing, it is respectfully prayed to this
Honorable Court that:

1. That a Temporary Restraining Order and/or Preliminary Injunction be issued

directing the respondent Rosalino Lisag, Joel Limsa, and lonathan Ong to cease
and desist from occupying the position of IPMR-Aborlan, and after due notice
and hearing, that a wrlt of permanent injunction be issued enjoining the latter
from occupying any or all IPMR positions;
2. That a Ternporary Restraining Order and/or Preliminary Injunction be issued
directing the respondent Robeft Cursod to cease and desist from consenting in
the appointment of IPMRs in Palawan, and after due notice and hearing, that a
writ of permanent injunction be issued enjoining the latter from signifying his
consent on the appointment in any or all IP mandatory representatives;

3. That a Temporary Restraining Order andlor Preliminary Injunction be issued

directing the respondents Engr. Roldan Parangue, Domingo opras, Ricardo
Sanga and Ms. Lenny Escarro to cease and desist from recognizing the
members of the Tribal Chieftains/Kasarigan Organization in Palawan and from
recognizing the endorsement or consent or affirmation made by Mr. Robert
Cursod in the appointment of IP Mandatory Representatives, and after due
notice and hearing, that a writ of permanent injunction be issued enjoining the
respondents Engr. Roldan Parangue, Domingo opras, and Ms. Lenny Escarro
from from recognizing the members of the Tribal Chieftains/Kasarigan
Organization in Palawan and from recognizing the endorsement or consent or
affirmation made by Mr. Robert Cursod in the appointment of IP Mandatory
Representatives;

F
That the Katimpedan et Bageral be granted exclusive right to draft the IPMR
Guidelines and to select candidate from the ranks of genuine title-holders;

5 That herein plaintiff, Maradia Redeem M. Joya, be granted the exclusive right
to endorse IP mandatory representatives as the next ranking leader of the
Tagbanua Tribe and that an order for mandamus be granted directing the Engr.
Roldan Parangue, Domingo Opras, and Ricardo Sanga, to adhere to the cultural
integrity of the Tagbanua/Palawanos tribe and respect the authority underlying
the hierarchy of leaders beginning from the Maradia Redeem M. Joya;

6. An amount of five hundred thousand pesos be awarded to the

Tagbanua/Palawano Tribe for violation of cultural integrity of the tribal
communities of Aborlan, Narra, and Espaniola;

7. Actual damages in the pursuit of this case as may be proven in court;

B. That respondents be meted with imprisonment for violation of cultural integrity

of the Tagbanua/Palawano tribe at the discretion of the court;

Such other reliefs as may be deemed just and equitable under the
circumstances are likewise prayed for.

City of Manila, September L7,2018.

 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, REDEEM M, JOYA, of legal age, after having been duly sworn in accordance
with law, depose and state that:
1. I am the petitioner in the above-stated case;
2. I caused the preparation of the foregoing petition;
3. I
have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of documents and
records in my possession;
4. I have not cornmenced any other action or proceeding involving the same issues
in the Supreme Court, the Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is pending
in the Supreme Court, the Court of Appeals, or any other tribunal or agency save
only that which I filed with the Office of the Ombudsman for Luzon which was
previously dismissed or closed;
6. If I should thereafter learn that a similar action or proceeding has been filed or
is pending before the Supreme Court, the Court of Appeals, or any other tribunal
or agency, I undertake to repoft that fact within five (5) days therefrom to this
Honorable Court.

sEP 2 4 2018
sUBscRTBED AND swoRN to before me in tilAN.|Ttr this _th day of
2018, by herein affiant, who have satisfactorily proven to me his identity through his valid Ids
bearing his photograph and signature:

Name Competent Evidence of Date fssued

Identity
REDEEH M. JOYA Tax Identification Number LL/2e/ZAIL
(rrN) r.D.

That he is the same person that has personally signed before foregoing petition and
acknowledged that he executed the same.
Doc No.-Tf
49
$AMffiAru A$RE
puo" No.
aoir ruo. --77l IC, RCILL NO, 60777

Series of 2018
hsurd on Jan, 12, ?018 Unlil 0ec. ll l01g llanih
Lifslime llo. 014599 tssued or Feb. l. 2016

fl0.1018.7? lssurd on Fcb 18

/#ili ?ilg Until Oer 3l i0lg [ilih
lir f.001{5{1 tssued on flarcir l, 1016 yatid Uritit April l{, ?0lg
il,rris: fioom 306 3[ llfW0 Bldg. Estoda Corner San lhrcellm Sl. lrinila, Xulb
Ill{ Ho 189.331.?16
 Office of the Marudia et Masicampo

Kmimpedan a Bageral / Gnw

RACHERIA ET TAGBANUA PALAWANOS

Province of Palawan

CERTIFICATION

THIS lS TO CERTIFY that the issue regarding the organization of Tribal ChieftainslKasarigan has been
deliberated upon by the members of the Katimpedan et Bageral/Ginuo. lt was found out that most {if
not all) of the tndigenous Peoples Mandatory Representatives presently occupying these legislative
positions hold them to the detriment of the tribe and against the principle of state unity, while, it is also
admitted that the people holding these positions presents themselves as Tribal ChieftainslKasarigan
with no sufficient basis and in violation of our beliefs, history and cultural integrity.

Being a matter constituting a serious offense to the customary laws of the Tagbanuas and punishable by
death, let this case be further elevated to the NCIP Regional Hearing Office for the imposition of
penalties of fines and imprisonment, which are less severe than that imposed by our customary laws,
and against the following persons:

1. Mr. Rosalino Lisag- Tribal Chieftain/Kasarigan

2. Mr. Joel Limsa- Tribal Chieftain/Kasarigan
3. Mr. Jonathan Ong- Tribal Chieftain/Kasarigan; and
4. Mr. Robert Cursod Jr.- Masicampo of Tribal Chieftains/Kasarigan
Xxx xxx xxx

Considering that the provisions stated under R.A. No. 8371 are for the preservation and protection of
the cultural integrity of the lPs/lCCs, let it be reminded that the positions created by the tpRA Law are
sole privilege of the traditional leaders of high-bloods by the non-christian tribes of Palawan and shall
not be supplanted in any manner by any non-customary leadership system/ mainstream organizations.

Ordered, 14th of September, 2018.