OPISINA SA GILING (OFFICE OF THE GRAND CHIEF)

CRIME AGAINST HUMANITY

REPUBLIC ACT No. 9851 APPLIES, THE REVISED PENAL CODE
OF THE PHILIPPINES (RPC) IS SET ASIDE DUE TO GENEVA CONVENTION 0F 1949

Republic Act “Philippine Act on Crimes Against International

9851,
Humanitarian Law, Genocide, and other Crimes against humanity”

section 2, para (b) reads,

" The State values the dignity of every human person and guarantees full respect
for human rights, including the rights of Indigenous Cultural
Communities. [emphasis supplied]

INDIGENOUS PEOPLES ARE UNDER CUSTOMARY LAW,

NOT UNDER CIVIL POLITICAL LAWS.
IMPRISONMENT OF INDIGENOUS PEOPLES IS A CRIME AGAINST HUMANITY

In Republic Act 8371 section 65 states,

"Primacy of customary laws and practices-When disputes involve Indigenous

Cultural Communities/Indigenous Peoples, customary laws and practices shall
be used to resolve the dispute." [emphasis supplied]

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In 1987 Philippine Constitution Art 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 [Tribal Traditional Healers, Tribal Courts, Tribal Security forces, Wellness
Centers, Traditional Elders and Chieftains, etc]. It shall consider these rights in the
formulation of national plans and policies. [emphasis supplied]

As emphasized in the opinion of Justice Puno, for GR No. 135385, Isagani

Cruz et al vs Secretary DENR et al,

“Dispute involving ICCs/IPs are to be resolved under customary laws and

practices…when still unresolved, the matter maybe brought to the NCIP, which
is granted quasi-judicial powers”….

In the book of Henry William Scott entitled “Barangay 16th Century Philippine Culture
and Society” emphasized customary laws. On page 139,

“A Datu acted as Judge (Hukom) in both civil claims and criminal

cases...There were no sentences like imprisonment or deportation which
would take labor out of production; rather, punishments realigned labor forces
within the [tribal] community...” [emphasis supplied]

Precisely, the United Nation International Labor Organization (ILO) Convention 169
dated June 27, 1989 "Indigenous and Tribal Peoples Convention 1989 (No. 169) Article
10 para 2 states

"Preference shall be given to methods of punishment other than confinement

in prison." [Emphasis supplied]

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*HISTORY

The imprisonment and enslavement of natives/tribal peoples started way back January
5, 1455 when Pope Nicholas V of Vatican Rome sanctified the seizure of non-Christian
lands discovered during the age of discovery and encouraged the ENSLAVEMENT
(IMPRISONMENT) of natives/tribal people. All in the name of Christ!!!

On June 18, 1452; Pope Nicholas V issued a PAPAL BULL “DUM DIVERSAS”,
authorized Alfonso V of Portugal to reduce any Muslims, Pagans, other unbelievers to
perpetual slavery.

Pope Nicholas V issued a PAPAL BULL “ROMANOS PONTIFEX”. A Papal Bull is a

special kind of patent or charter issued by the Pope who wanted to Rule the world.

On May 4, 1493, Pope Alexander VI issued PAPAL BULL “INTER CAE TERA” to divide
the New world between Spain and Portugal and on March 16, 1521 Portuguese
Navigator Fernando de Magallanes landed in Limasa, Leyte, Maisia (Philippines) brought
with him the civil law by Roman Emperor Justinian who endorsed it to the papacy
in the year 538 A.D. But in the year 1798 A.D. the Papacy ended because Pope Pius VI
was captured and badly wounded by General Berthier of Emperor Napoleon Bonaparte’s
Army.

History claims thousands and hundreds of thousands of the tribal peoples had been
enslaved, imprisoned and murdered by the Spanish/Portuguese Colonizers of the
Philippines.

Ulalong 03, 2023

(January 03, 2023)

APO AMAY TAWAHIG-KETUA

[Engr. Roderick D. Sumatra, EE, ME, GSC]
Giling (Tribal Grand Chief)
SCODA Tribal Confederacy Tribal Government
of MAISIA (Philippines)