Decision
3
G.R. No. 221139
... predicated on the ground that the [Regional Trial Court] ha[d] no
jurisdiction over the person of the accused, ... Accused through counsel
asserts that the present controversy is purely a dispute involving
indigenous cultural communities over which customary laws must apply
in accordance with their tribal justice system and under the jurisdiction of
the National Commission on Indigenous Peoples. I I (Emphasis supplied)
In her August 29, 2013 Order, 12 Judge Singco denied the Motion to
Quash and Supplemental Motion to Quash. She reasoned that:
[T]he [Indigenous Peoples' Rights Act] does not apply [to] the prosecution
of a "dispute" such as this case as it does not involve claims over ancestral
domain nor it relates (sic) to the rights of indigenous communities/people
which would require the application of customary laws and practices to
resolve the "dispute" between the parties herein. 13
On May 11, 2015, a certain Vicente B. Gonzales, Jr. (Gonzales),
identifying himself as Datu Bontito Leon Kilat 14 and representing himself to
be a "customary lawyer," 15 filed a "Motion to Release the Indigenous
Person," 16 which was founded on grounds substantially the same as the
Motion and Supplemental Motion to Quash.
In her June 5, 2015 Order, 17 Judge Singco noted Gonzales' Motion
without action as it: ( 1) did not comply with the requirements of a valid
pleading; (2) bore no indication that Igot was notified of the Motion; and (3)
contained no notice of hearing. She further directed Gonzales to coordinate
with Sumatra's counsel of record and/or secure prior authority from this
Court to act as counsel.
In response to the June 5, 2015 Order, Gonzales filed before the trial
court a Motion to allow him to appear as counsel for Sumatra. 18 He later
filed a Motion to Issue Resolution 19 asking the trial court to rule on the
Motion to allow him to appear for Sumatra.
In a September 11, 2015 Order, 20 Judge Singco reiterated the need for
Gonzales to first produce proof of his authority or competence to act as
counsel before a court of law.
11
12
13
14
15
16
17
18
19
20
Rollo, p. 78.
Id. at 78-79.
Id. at 79.
Id. at 36.
Id. at 33.
Id. at 33-36.
Id. at 37.
Id. at 40.
Id. at 40-41.
Id. at 38.
j