10/12/2019
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After a circumspect review of the relevant laws and jurisprudence, the Court
maintains that the jurisdiction of the NCIP under Section 66 of the IPRA is
limited [to] claims and disputes involving rights of IPs/ICCs where both
parties belong to the same ICC/IP group, but if such claims and disputes
arise between or among parties who do not belong to the same ICC/IP
group, the proper regular courts shall have jurisdiction.[2]
In my concurrence to the original decision, I pointed out that this was premised on
Section 66 of the Indigenous Peoples' Rights Act, which has required that "no [claims
and disputes involving rights of indigenous cultural communities/indigenous peoples]
shall be brought to the National Commission on Indigenous Peoples (NCIP) unless the
parties have exhausted all remedies provided under their customary laws."[3] The
primacy given to customary laws assumes membership in the same ethnolinguistic
group that have been and still are practicing the same customary norms not contrary to
law.
Thus, Section 66 of the Indigenous Peoples' Rights Act will apply to parties belonging to
the same Kankanaey group in Besao, Mountain Province. However, it cannot apply to
disputes between a Hanunoo Mangyan from Mindoro and a B'laan from Tampakan in
Sultan Kudarat. Its application to various tribes in Kalinga depends on whether they
share the same customary norms. While the various indigenous communities in Kalinga
may belong to the same ethnolinguistic grouping, they may not share the same norms.
The same is equally true among the various subtribes of the Subanen in the
Zamboanga Peninsula.
Definitely, Section 66 of the Indigenous Peoples' Rights Act does not apply in this case,
where one of the parties do not belong to the same ethnolinguistic group as the other.
I
More importantly, the Indigenous Peoples' Rights Act cannot be interpreted as a charter
that removes all minoritized Filipinos from the workings and application of the national
legal system. Persons and groups belonging to what is still now considered as
indigenous cultural communities/indigenous peoples interact with other cultures who
consider themselves as Filipinos. To my knowledge, the Indigenous Peoples' Rights Act
is an exemplary social legislation that should assist members of indigenous cultural
communities to be empowered in all their relationships. The statute was not designed
to facilitate their continued social and cultural isolation. The Indigenous Peoples' Rights
Act shouid not cause their further marginalization.
To insist that the NCIP has the sole and exclusive jurisdiction in any conflict involving
indigenous cultural communities/indigenous peoples is to insist on a dangerous and
debilitating
stereotype.
It
is
to
assume
that
no
indigenous
cultural
communities/indigenous peoples have intellectual or moral resource to deal with
outsiders on equal footing in regular courts of justice. It is also to insist that our regular
judges should not inform themselves of the concerns of indigenous peoples or that they
cannot acquire the cultural sensitivity to be able to resolve conflicts among indigenous
peoples fully and fairly. Insisting that the NCIP should exclusively deal with all conflicts
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