Bodong solves conflict between NCIP, Kalinga tribe over mining

By Peter Balocnit

TABUK CITY, Kalinga -- Customary law still practiced among the iKalingas was once again proven effective in dispute over mining dispute.

A ‘parjaya’ case   lodged by “Binodngan” employees of the National Commission on Indigenous Peoples before the “bodong’ of the Guinaang tribe of Pasil was solved.

“Bodong” is a bilateral peacepact between two sub-tribes and “Binodngan” are people covered by a  peacepact.

Parjaya is a crime punishable in the “pagta” (provisions) defined as giving false testimony against any “binodngan,”  which in this case National Commission on Indigenous Peoples employees were victims and Guinaang tribe as offender.

The NCIP provincial office here called on peacepact holders and the media on Jan. 29  to attend celebration of peace now that the case was resolved to spread the message that speaking the truth is a sublime trademark of the bodong and to set a precedent that parjaya shall be dealt according to the pagta. 

The Guinaang tribe  paid  P10,000 to the offended party which was termed  “pagikna” (notice of closure).

The case stemmed from a petition by ArtemioDalsen with the NCIP central office on Sept. 17, 2013 entitled “Manifesto of the Guinaang Tribespeople, Pasil, Kalinga Opposing Makilala Mining Company Exploration and Mining Plan in their Ancestral Domain,”  where NCIP was conducting pre- free and prior informed consent (FPIC) consultations.

The FPIC process, however,  proceeded which prompted  Dalsen and Benedicto Lingbawan, both indigenous people of  Pasil,   to file another complaint on Dec. 6, 2013 before the NCIP regional hearing office against the NCIP provincial office represented by Natividad Sugguiyao alleging that NCIP manipulated the conduct of FPIC.

The complaint alleged tribal leaders who composed the council of elders that participated in the FPIC process and who approved the exploration,  was “fake,” the process was biased and communities  were not consulted, among others.

This time, NCIP- Kalinga suspended its FPIC process and answered the allegations.

Sugguiyao maintained the FPIC process followed right procedures.

On Jan. 27, 2014, the RHO dismissed the complaint for lack of jurisdiction referring the case to the NCIP Cordillera Administrative Region regional office.

Meanwhile, hurt by the allegations, the 11-member FPIC team headed by Miguel Atumpa and Dominic Cawas,   NCIP employees and “binodngan,” complained before the GuinaangPeacepact Holders that  Dalsen and Lingbawan,  be held liable under the Pagta’s  Bodong for Parjaya for the false statements they subscribed in  their  complaint.

On May 15, 2014, then NCIP-CAR director Amador Batay-an, rendered a decision denying the petition ordering the FPIC team to proceed with the remaining activities of the FPIC process.

A person  found guilty of Parjaya  usually  pays a fine of two carabaos.

However, this was not followed in this case as the bodong pagta can be flexible and conflicts maybe resolved in case-to-case basis.