04/02/2020
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Organic Act of the ARMM, and the IPRA.[157]
Article X, Section 3 of the Organic Act of the ARMM is a bar to the adoption
of the definition of "Bangsamoro people" used in the MOA-AD. Paragraph 1 on
Concepts and Principles states:
1. It is the birthright of all Moros and all Indigenous peoples of
Mindanao to identify themselves and be accepted as
"Bangsamoros". The Bangsamoro people refers to those who are
natives or original inhabitants of Mindanao and its adjacent
islands including Palawan and the Sulu archipelago at the time of
conquest or colonization of its descendants whether mixed or of full
blood. Spouses and their descendants are classified as Bangsamoro. The
freedom of choice of the Indigenous people shall be respected. (Emphasis
and underscoring supplied)
This use of the term Bangsamoro sharply contrasts with that found in the Article X,
Section 3 of the Organic Act, which, rather than lumping together the identities of
the Bangsamoro and other indigenous peoples living in Mindanao, clearly
distinguishes between Bangsamoro people and Tribal peoples, as follows:
"As used in this Organic Act, the phrase "indigenous cultural community"
refers to Filipino citizens residing in the autonomous region who
are:
(a) Tribal peoples. These are citizens whose social, cultural and
economic conditions distinguish them from other sectors of the national
community; and
(b) Bangsa Moro people. These are citizens who are believers in
Islam and who have retained some or all of their own social,
economic, cultural, and political institutions."
Respecting the IPRA, it lays down the prevailing procedure for the delineation and
recognition of ancestral domains. The MOA-AD's manner of delineating the ancestral
domain of the Bangsamoro people is a clear departure from that procedure. By
paragraph 1 of Territory, the Parties simply agree that, subject to the delimitations
in the agreed Schedules, "[t]he Bangsamoro homeland and historic territory refer to
the land mass as well as the maritime, terrestrial, fluvial and alluvial domains, and
the aerial domain, the atmospheric space above it, embracing the Mindanao-SuluPalawan geographic region."
Chapter VIII of the IPRA, on the other hand, lays down a detailed procedure, as
illustrated in the following provisions thereof:
SECTION 52. Delineation Process. -- The identification and delineation of
ancestral domains shall be done in accordance with the following
procedures:
xxxx
b) Petition for Delineation. -- The process of delineating a specific
perimeter may be initiated by the NCIP with the consent of the ICC/IP
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
31/203
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