.
Decision
2
G.R. No. 221139
of jurisdiction over criminal offenses. Individuals belonging to indigenous
cultural communities who are charged with criminal offenses cannot invoke
Republic Act No. 8371, or the Indigenous Peoples' Rights Act of 1997, to
evade prosecution and liability under courts of law.
This resolves a Petition for Mandamus 1 under Rule 65 of the 1997
Rules of Civil Procedure filed by petitioner Roderick D. Sumatra (Sumatra),
also known as Ha Datu Tawahig, praying that respondent Judge Estela Alma
Singco (Judge Singco) and her co-respondents, all public prosecutors from
Cebu City, be compelled to honor a January 3, 2007 Resolution2 issued by a
body known as the "Dadantulan Tribal Court," and be required to put an end
to Sumatra's criminal prosecution. The Dadantulan Tribal Court absolved
Sumatra, a tribal leader of the Higaonon Tribe, of liability for charges of rape
and discharged him from criminal, civil, and administrative liability.
On November 14, 2006, Lorriane Fe P. Igot (Igot) filed a ComplaintAffidavit3 before the Cebu City Prosecutor charging Sumatra with rape.
In her April 4, 2007 Resolution, 4 Prosecutor I Lineth Lapinid found
probable cause to charge Sumatra with rape and recommended filing a
corresponding information. After the Information was filed, the case was
raffled to Branch 12 of the Regional Trial Court, Cebu City, and docketed as
Criminal Case No. CBU-81130. 5
In her September 13, 2007 Order, 6 Judge Singco directed the issuance
of a warrant of arrest against Sumatra, but he would not be arrested until
July 2, 2013. 7
Following his arrest, Sumatra filed a Motion to Quash and
Supplemental Motion to Quash. 8 These motions cited as bases Sections 15 9
and 65 10 of the Indigenous Peoples' Rights Act, and were:
10
Rollo, pp. 3-32.
Id. at 55-63.
Id. at 64-68.
Id. at 69-74. The Resolution was penned by Prosecutor I Lineth S. Lapinid, recommended by
Prosecutor II Fernando K. Gubalane, and approved by City Prosecutor Nicolas C. Sellon of the City
Prosecutor's Office, Cebu City.
Id. at 12.
Id. at 75.
Id. at 12.
Id. at 78.
Rep. Act No. 83 71 ( 1997), ch. IV, sec. 15 provides:
SECTION 15. Justice System, Conflict Resolution Institutions, and Peace Building Processes. The ICCs/IPs shall have the right to use their own commonly accepted justice systems, conflict
resolution institutions, peace building processes or mechanisms and other customary laws and
practices within their respective communities and as may be compatible with the national legal system
and with internationally recognized human rights.
Rep. Act No. 83 71 ( 1997), ch. IX, sec. 65 provides:
SECTION 65. Primacy of Customary Laws and Practices. - When disputes involve ICCs/IPs,
customary laws and practices shall be used to resolve the dispute.
I