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MMA 231
Sec. 9. Tribal Courts. — The Regional Government shall recognize and respect the
ICCs’/IPs’/TPs’ justice system, including tribal courts, that had already been in existence since time
immemorial. Furthermore, it shall provide assistance in the establishment and strengthening of
said tribal courts, and provide support for the tribal justices or jury (e.g. panel of Kéféduwan).
These courts shall determine, settle, and decide controversies and enforce decisions
involving personal and family and property rights of members of the ICCs/IPs/TPs concerned in
accordance with the customary law of these communities.
These courts may also exercise exclusive jurisdiction over crimes committed by members
of ICCs/IPs/TPs where the imposable penalty as prescribed by the Revised Penal Code [RPC] or
other pertinent laws is imprisonment not exceeding six (6) years or a fine not exceeding Fifty
Thousand Pesos (P50,000.00) or both such imprisonment and fine and where the offended party
or parties are also members of the indigenous cultural community concerned.
Sec. 10. Coordination with Law Enforcement Agencies. - The ICCs/IPs/TPs, through
the tribal courts and their leaders, shall coordinate with law enforcement agencies of the Regional
Government and local government unit concerned, in criminal cases mentioned in the foregoing
section.
Said law enforcement agencies shall respect the jurisdiction of the tribal courts.
Sec. 11. Indigenous Structures. — The Regional Government shall recognize indigenous
structures or systems which promote peace, law, and order.
Such indigenous structures or systems shall include local peace enforcers, such as, but not
limited to, Dyaga Fénuwo and Agubalang.
Sec. 12. Rights during Armed Conflicts. – Indigenous peoples have the right to special
protection and security in periods of armed conflict. The Regional Government shall observe
international standards for the protection of civilian populations in circumstances of emergency and
armed conflict.
The Regional Government shall not recruit members of the ICCs/IPs/TPs against their will
in any military, paramilitary and/or other armed groups, especially, when said recruitment is for the
use against other ICCs/IPs/TPs. Furthermore, it shall not recruit children of ICCs/IPs/TPs into the
armed forces under any circumstance. Nor force indigenous individuals to abandon their lands,
territories and means of subsistence, or relocate them in special centers for military purposes
under any discriminatory condition.
Sec. 13. Saving Clause. – This Act will not in any manner adversely affect the rights and
benefits of the Indigenous Peoples under Republic Act 8371, otherwise known as the Indigenous
Peoples Rights Act of 1997, other conventions, recommendations, international treaties, regional
and national laws, awards, customs and agreements.
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