Ifugao barangays settle long- standing boundary dispute

BEHIND THE SCENES

Alfred P. Dizon

Behind the Scenes

Alfred P. Dizon

(This week’s piece is by SN Aboitiz courtesy of Sheila Ylagan Rhoda S. Santos, Karmina M. Alejandro and Katherine M. Mariano)

LAGAWE, Ifugao -- On Jan. 31, 2020, leaders and community members of barangays Dulao, Olilicon and Tupaya of Lagawe came together for a historic agreement to settle amicably their long-standing boundary dispute.

Not only does this mark the first time in the history of the province that an agreement on boundary dispute was reached; it was done so through an alternative process that involved a task force and jury composed of representatives from government and non-government sectors.

Boundary claims 

Barangays Dulao, Olilicon, and Tupaya had long-standing claims about their respective boundaries; specifically, Barangays Dulao and Tupaya were supposedly "not properly delineated" in a cadastral survey dating back to the late 1980s. This was a crucial issue during the free prior and informed process (FPIC) conducted in 2016 by the National Commission on Indigenous Peoples (NCIP)-Ifugao for the proposed Alimit hydropower project of SN Aboitiz Power (SNAP).  

The Alimit hydropower complex will be the first hydro facility of its scale in Ifugao if constructed. Its project area covers areas in the municipalities of Aguinaldo, Lagawe, Lamut, and Mayoyao, including the jurisdiction of the three barangays whose people are mostly Ayangan tribe.

In 2018, SNAP organized a conference in Lagawe attended by the local government units (LGUs) and Indigenous Peoples Organizations (IPO) to understand the causes of the boundary issue, and explore options to start the process of resolving it. 

The dispute did not prevent Lagawe LGU and the majority of its affected barangays—through the Ancestral Domain Council of Eastern Lagawe (ADCEL)—from approving the Alimit project with their respective signing of the Local Government Framework Agreement and Memorandum of Agreement. However, the issue surfaced time and again during consultations and negotiations.  Thus, SNAP committed to cooperate, collaborate, and help the LGUs and the indigenous cultural communities in matters of common concern—including the border dispute.

Task force and jury 

Barangay Dulao filed a case for boundary dispute against barangays Tupaya and Olilicon in Nov. 2019 before the Sangguniang Bayan of Lagawe. 

The SB created a task force to preside over an amicable resolution process. The task force was headed by ADCEL legal adviser Judge Frederic Cabiggat, who designed the alternative mode of settlement.

He was joined by lawyer Aginaya Catiling of the Public Attorneys Office of the Regional Trial Court in Banaue, Elder Alejandro Pahiwon of ADCEL, Mark Hangdaan of SNAP, with Bobby Lim-ang of SB Lagawe as secretariat.

Aside from the task force, the communities also agreed to form a multi-sectoral independent jury to decide on the matter.

The eight members of this body came from different sectors -- engineer Miguel Dimalnat, Jr. for the legislative sector; engineer Carmelita Buyuccan and Ifugao State University Director Eulalie Dulnuan for the professional sector; Bishop Valentin Dimoc and Pastor Laurence Nanglegan for religious; Marlon Martin for the non-government organizations; Jose Namingit for the senior citizens and lawyer Jhonson Nasdoman for legal.

 In coordination with Lagawe Vice Mayor Reynold A. Kimmayong, the task force proceeded to take on its historic role. 

The territory of Barnagay Olilicon was first to be established, but the dispute between barangays Tupaya and Dulao moved into an adjudication process after failing to reach an amicable settlement.

Barangay Dulao eventually asked to reopen the amicable settlement process as it had a substantive proposal. On Jan. 24, 2020, an agreement was reached delineating the boundaries of the two barangays.  

“This is the first time that a case was resolved by (the) Sangguniang Bayan of Lagawe through the help of a Task Force and a jury. The amicable settlement of this case shows the solidarity of the tribe,” remarked Judge Cabbigat.

 Hejet/ Hidit 

 To formalize the parties’ commitment to the agreement, a “hejet” or “hidit” peace pact ceremony was held at Tupaya. It is a recognized customary practice to end hostilities among parties involved in a controversy. The barangays were represented by their chairpersons, Edwin Dulnuan for Dulao, Denver Taguiling for Olilicon, and Joey Anghad for Tupaya. 

Erlindo Galap and Noel Galanggi, indigenous priests known as mumbaki, were called upon to perform the ceremony of hejet or hidit—a traditional peace pact in the Ayangan culture of Ifugao. Performed through the offering of animals as a testament to the truce between these communities, it is believed that whoever breaks the truce will be plagued by illness and ill fortune.

During the ceremony, Lagawe Municipal Mayor Martin Habawel, Jr. also commented that, “(This) historical event, will serve as a model in settling boundary disputes with the other barangays in the municipality of Lagawe and in the entire Ifugao Province.”

Solidarity

The amicable settlement of this dispute is a testament to the solidarity of the tribe and the power of cooperation among the different sectors of Ifugao. 

                “Certainly, this will be honored and remembered by generations to come and passed on to them as a model worthy of emulation. As in this case, there is always a helping hand, there are people who will listen, and with that—a bright, emerging hope. Let this deliver the message that whatever challenges that come our way, we shall always remain one domain, one tribe,” Judge Cabbigat concluded.