Talisay SP throws out indigenous group’s request for representation

CEBU, Philippines -  The Talisay City council committee on laws has denied the request of Tribu Alimaang to have a representative in the city council. 

“The committee recommends Tribu Alimaang to follow the procedural requirement of the law for such is a pre-requisite for their representation in the local government; failure to follow such would make any act of the council in relation to their letter unenforceable.

Hence, recognition cannot be given as of the moment until procedural requirements are complied with,” read in a two-page committee report rendered by councilor Richard Francis Aznar. 

The report was also supported by councilors Antonio Bacaltos, Edward Alesna, Dennis Basillote, and Socrates Fernandez. 

Citing the DILG Opionion No. 20 s. 2011, Aznar said “the Indigenous Peoples (IP) representative to the local sanggunian shall be selected in accordance with the local guidelines duly adopted and promulgated by the ICCs/IPs themselves.”

Aznar said that after an ICC/IP representative is selected, the NCIP regional office shall issue a Certificate of Confirmation (COA), and on the basis of such confirmation, this Department of the Interior Local Government shall thereafter accord due recognition to him/her.

“With regard the legitimacy of the selection of the ICC/IP’s, such issue is already justiciable in nature. Justiciable issues are those that require adjudication by the courts of law as to who between the opposing parties have the better right over a given controversy,” Aznar said. 

The body said it is the NCIP’s function in coordination with the Dept. of Interior and Local Government (DILG) “to determine and certify the minimum IP threshold required for the IPs to be entitled to a sectoral representative in the city council” in line with the DILG-NCIP Joint Circular No. 001 series of 2011which provides the guidelines for the determination of the minimum threshold for IP and Indigenous Cultural Communities (ICC) population in a local government unit to allow the mandatory representation in the local councils.

The representation of the IP is mandated under the implementing rules of the Local Government Code of 1991.

RA. 8371, IRR, Rule IV, provides that only the recognized registered leaders are authorized to issue certificates of tribal membership to their members.

Such certificates shall be confirmed by the NCIP based on its census and records and shall have effect only for the purpose for which it was issued. 

ICC/IP representatives shall be qualified and chosen by their own communities in accordance with a process to be determined by them.

In consultation with ICCs/IPs, the NCIP in close coordination with DILG shall come up with appropriate measures to ensure the full participation of ICCs/IPs in matters affecting their development.

Such measures shall also include the provision of technical assistance to develop the ICC/IP representative’s knowledge of traditional socio-political systems, customary laws, justice system and skills in interfacing with non-IP governance and policy making.  (FREEMAN)