OPISINA SA GILING (OFFICE OF THE GRAND CHIEF)

INDIGENOUS PEOPLES MANDATORY REPRESENTATIVE IN THE DEPARTMENT OF NATIONAL DEFENSE (DND)

Pursuant to Section 16 of R.A. 8371 “Right to Participate in Decision-Making. — ICCs/IPs have the right to participate fully,
if they so choose, at all levels of decision-making in matters which may affect their rights, lives and destinies through
procedures determined by them as well as to maintain and develop their own indigenous political structures.
Consequently, the State shall ensure that the ICCs/IPs shall be given mandatory representation in policy-making bodies
and other local legislative councils. ”
and DILG Memorandum Circular 2002-89 dated June 06, 2002 entitled “Strict Implementation of Republic Act No. 8371 or the
Indigenous Peoples Right Act of 1997 (IPRA).

IPMR-DND MEMORANDUM
MC-004 27 Quiling (April) 2023

TRIBAL PEOPLES CARRYING OF CEREMONIAL OBJECTS per

R.A. 8371 “The Indigenous Peoples Rights Act (IPRA) of 1997”
United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) of 2007
and other International Treaties for Indigenous Peoples

TO: All Government Offices and Agencies, all Armed Forces of the Philippines
(AFP), Philippine National Police (PNP) and other paramilitary units,
all Private Entities, and to all concerned

1. The rights of Indigenous Cultural Communities (ICCs) / Indigenous Peoples (IPs)

must be considered in the formulation of national plans and policies for the fullest
conformity of the International Treaties.

What are these treaties?

a.) International Covenant on Economic Social and Cultural Rights (ICESCR) was signed
and ratified by the Philippine Government on December 19, 1966 and on June 7, 1974
respectively.

b.) International Covenant on Civil and Political Rights (ICCPR) was signed and ratified by
the Philippine Government on December 19, 1966 and on October 23, 1986
respectively.

c.) International Labour Organization (ILO) Convention No. 107, Indigenous and Tribal
Populations Convention, 1957

d.) International Labour Organization (ILO) Convention No. 169, an Indigenous and Tribal
Peoples Convention of 1989.

e.) United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) adopted
September 13, 2007.

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2. The provisions in the 1987 Philippine Constitution with respect to the rights of
Indigenous Peoples were derived from these International Treaties that were honed in
years and decades of studies and conventions. Consequently, the Republic Act No. 8371
“The Indigenous Peoples Rights Act (IPRA) of 1997” was enacted.

United Nations Declaration on the Rights of Indigenous Peoples

Article 5

Indigenous peoples have the right to maintain and strengthen their distinct political, legal,
economic, social and cultural institutions, while retaining their rights to participate fully, if they
so choose, in the political, economic, social and cultural life of the State. [Emphasis supplied]

Article 12

“1. Indigenous peoples have the right to manifest, practice, develop and teach their spiritual and
religious traditions, customs and ceremonies; the right to maintain, protect, and have access in
privacy to their religious and cultural sites; the right to the use and control of their ceremonial
objects; xxx” [Emphasis supplied]

Article 37

1. Indigenous peoples have the right to the recognition, observance and enforcement of
Treaties, Agreements and Other Constructive Arrangements concluded with States or their
successors and to have States honour and respect such Treaties, Agreements and other
Constructive Arrangements. [Emphasis supplied]

1987 Philippine Constitution

Article II, SECTION 22

The State recognizes and promotes the rights of indigenous cultural communities within the
framework of national unity and development.

Article XII, SECTION 5

The State, subject to the provisions of this Constitution and national development policies and
programs, shall protect the rights of indigenous cultural communities to their ancestral lands to
ensure their economic, social, and cultural well-being. [Emphasis supplied]

Article XIV, SECTION 17

The State shall recognize, respect, and protect the rights of indigenous cultural communities to
preserve and develop their cultures, traditions, and institutions. It shall consider these rights in
the formulation of national plans and policies. [Emphasis supplied]

R.A. 8371 “The Indigenous Peoples Rights Act of 1997”

SECTION 33. Rights to Religious, Cultural Sites and Ceremonies.

“ICCs/IPs shall have the right to manifest, practice, develop, and teach their spiritual
and religious traditions, customs and ceremonies; the right to maintain, protect and
have access to their religious and cultural sites; the right to use and control of
ceremonial objects; xxx”

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Ceremonial Object includes Kris, Kampilan, Ceremonial Knife, Rosary, Amulets, etc.

Starting today as we commemorate the 502nd victory (since April 27, 1521-The famous
battle of Mactan, Cebu) of the Tribal Peoples of Vijayas (Sri Vijayan Empire) led by Datu
Pulako/Datu Malingin (known as Lapu Lapu in history books…It was the American Historian Blair
and Robertson who changed “Pulako” into Lapu-Lapu; A lapu lapu is a common medicinal fish abundant
in the area. Pulako means Pulahan ako or “I am a Tribal Warrior”. During those times a warrior dress
code is red chaleko just like today, soldiers wore camouflage uniforms as identity. Royal Families
wore white or blue colored attire while the commoners or labor force wore brown or maroon attire ),
against the Spanish colonizers, we give this tribute by enforcing our rights to
carry ceremonial objects anywhere we go especially in the government and private
offices or even in military and police check points. It is our honor and privilege and
at the same time our obligation to manifest and to have our rights be enforced and
not be supplanted1 by non-indigenous governance and not to subjected to modern
way of colonization.

With the above mentioned domestic laws and international treaties, please be
reminded with the Article XIV, section 17 of 1987 Philippine Constitution

“The State shall recognize, respect, and protect the rights of indigenous cultural
communities to preserve and develop their cultures, traditions, and institutions.
It shall consider these rights in the formulation of national plans and policies.”
[Emphasis supplied]

IGNORANCE OF THE LAW EXCUSES NO ONE.

R.A. 8371, SECTION 72. Punishable Acts and Applicable Penalties.

“Any person who commits violation of any of the provisions of this Act, such as, but not limited to,
unauthorized and/or unlawful intrusion upon any ancestral lands or domains as stated in Sec. 10,
Chapter III, or shall commit any of the prohibited acts mentioned in Sections 21 and 24, Chapter V,
Section 33, Chapter VI hereof, shall be punished in accordance with the customary laws of the
ICCs/IPs concerned: Provided, That no such penalty shall be cruel, degrading or inhuman
punishment: Provided, further, That neither shall the death penalty or excessive fines be imposed.
This provision shall be without prejudice to the right of any ICCs/IPs to avail of the protection of
existing laws. In which case, any person who violates any provision of this Act shall, upon
conviction, be punished by imprisonment of not less than nine (9) months but not more than
twelve (12) years or a fine of not less than One hundred thousand pesos (P100,000) nor more
than Five hundred thousand pesos (P500,000) or both such fine and imprisonment upon the
discretion of the court. In addition, he shall be obliged to pay to the ICCs/IPs concerned
whatever damage may have been suffered by the latter as a consequence of the unlawful
act.”[Emphasis supplied]

R.A. 8371, section 73-Persons Subject to Punishment.

“If the offender is a juridical person, all officers such as, but not limited to, its president,
manager, or head of office responsible for their unlawful act shall be criminally liable therefor, in
addition to the cancellation of certificates of their registration and/or license:

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IRR of RA 8371, Rule IV part1, section 1,
para b) The indigenous structures, systems, and institutions are not supplanted by other forms of non-indigenous
governance; and/ or. [Emphasis supplied]
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 Provided, That if the offender is a public official, the penalty shall include perpetual
disqualification to hold public office.” [Emphasis supplied]

For widest information, dissemination, and implementation.

HA DATU TAWAHIG-KETUA
(Engr. Roderick D. Sumatra, EE, ME, GSC)
Philippine Air Force GSC Class Nr. 8
Apo Amay (Grand Chief) and Vicegerent,
SCODA Tribal Confederacy
Tribal Government of MAISIA (Philippines)
IPMR*, Department of National Defense
effective November 26, 2016.

ADDRESS
Visayas Wide: 0214 Nivel Hills, Busay, Cebu City
09321124238
Mindanao Wide: Katipunan, Villanueva, Misamis Or.
0921 760 1964
Email address: scoda_holywarriors@yahoo.com

*IPMR-Indigenous Peoples Mandatory Representative per R.A. 8371, Section 16 and Department of the Interior and Local
Government (DILG), Memorandum Circular No. 2002-89 dated June 6, 2002 issued by Acting Secretary Alipio Fernandez
Jr., with the subject; Strict Implementation of Republic Act No. 8371 or the Indigenous Peoples Right Act of 1997 (IPRA).

“Likewise, all DILG Regional and Field Officers shall cause the widest dissemination of this Circular and provide
assistance to concerned Local government units with their respective jurisdictions. Monitoring reports on LGU
compliance hereof shall reflect specific LGU activities undertaken to respond to and implement the IPRA and this
Circular, and shall be submitted to this level attention: Bureau of Local Government Development, every end of each
month starting June 2002, for prompt monthly reporting to the Office of the President as instructed.

For strict compliance. ”

IPMR-DND is a consultant to Ancestral Domains on matters with regards to policy making body of DND that may affect the
lives, way of life, and destinies of ICCs/IPs.