Baguio ‘IPMR’s selection’ hit; trial court urged to settle cases
>> Monday, February 20, 2023
BAGUIO CITY – The
Regional Trial Court here was urged to settle cases related to the issue of
seating an “indigenous peoples mandatory representative” in the city council.
This, as Mayor Benjamin Magalong administered oath of office to an “IPMR” which was questioned by lawyers saying the so-called IPMR cannot sit as member of the Sangguniang Panglunsod as courts have not yet decided on court cases of the previous IPMR who was elected earlier.
The Gacayan Agmata Ruiz and Associates law offices, counsel of Roger D. Sinot, who was elected IPMR in 2016 urged the RTC to resolve pending cases on the matter “in the interest of justice.”
In pleading filed with the Baguio RTC Jan. 31, the lawyers said the Office of the Solicitor General had filed its answer to the court.
“The selection of Roger Sinot Sr. as IPMR of Baguio was regular and valid, as it complied with requirements provided under the law,” the Solicitor General said.
“There is no requirement for a particular ICC/IP (indigenous cultural community sector/indigenous people’s sector) in order to be entitled to representation in the local legislative council. The selection of private respondent Roger Sinot Sr. as IPMR was based on Section 16 of Republic Act No. 8371 and not on Republic Act 7610,” the SolGen said.
“Issuance of (TRO) temporary restraining order and writ of preliminary injunction of Roger Sinot Sr. as IPMR representative was not warranted,” Sinot’s lawyers said.
This, as Mayor Benjamin Magalong administered oath of office to an “IPMR” which was questioned by lawyers saying the so-called IPMR cannot sit as member of the Sangguniang Panglunsod as courts have not yet decided on court cases of the previous IPMR who was elected earlier.
The Gacayan Agmata Ruiz and Associates law offices, counsel of Roger D. Sinot, who was elected IPMR in 2016 urged the RTC to resolve pending cases on the matter “in the interest of justice.”
In pleading filed with the Baguio RTC Jan. 31, the lawyers said the Office of the Solicitor General had filed its answer to the court.
“The selection of Roger Sinot Sr. as IPMR of Baguio was regular and valid, as it complied with requirements provided under the law,” the Solicitor General said.
“There is no requirement for a particular ICC/IP (indigenous cultural community sector/indigenous people’s sector) in order to be entitled to representation in the local legislative council. The selection of private respondent Roger Sinot Sr. as IPMR was based on Section 16 of Republic Act No. 8371 and not on Republic Act 7610,” the SolGen said.
“Issuance of (TRO) temporary restraining order and writ of preliminary injunction of Roger Sinot Sr. as IPMR representative was not warranted,” Sinot’s lawyers said.
Cases and
counter-cases were filed on the matter which resulted to dismissal from office
of then National Commission on Indigenous People’s Cordillera regional director
lawyer Roland Calde by the Office of Ombudsman for opposing the assumption of
Sinot as IPMR.
Despite
this, Sinot was not allowed under the administration of then Mayor Mauricio
Domogan to sit as IPMR up to the present administration under Mayor Magalong.
Recently,
NCIP chairman Capuyan reportedly ordered the creation of an IP group to select
another IPMR despite court cases related to Sinot as IPMR.
Recently,
the Onjon ni Ivadoy composed of a handful of Baguio Ibalois selected Maximo
Hilario Edwin Jr. as IPMR of the City of Baguio.
The City
Council, on Feb. 9 concurred with the selection of Edwin Jr. as IPMR. Edwin Jr.
is the concurrent president of Onjon ni Ivadoy.
A source at
the city council said Edwin Jr. will chair the City Council’s committee on
indigenous peoples and indigenous cultural communities which was temporarily
chaired by Vice Mayor Faustino Olowan which was created in 2022.
Last Monday,
Edwin Jr. reportedly joined the City Council during their regular session as
“observer” until “matters related to his being an “IPMR” were “threshed out.”
Prior to the
city council’s “concurrence,” lawyer Atanacio Addog, regional NCIP director
issued last Feb. 2 a certificate affirming the selection of Edwin Jr. as IP
representative to the Baguio City Council saying this was pursuant to Section
16 of Republic Act No. 8371, known as Indigenous Peoples Rights Act of 1997.
Edwin Jr.
took his oath of office before Mayor Benjamin Magalong last Feb. 3.
Councilor
Betty Lourdes Tabanda told Edwin Jr. to “take a look at all other indigenous
groups in the City of Baguio.”
This,
despite earlier certifications issued by the regional NCIP and Dept. of
Interior and Local Government posing no objection to assumption of Sinot as
Baguio IPMR.
Sinot Jr.
said if Edwin Jr. will assume as IPMR, this was questionable considering cases
related to the matter have not yet been settled by the courts with finality.
He said
those involved in the assumption of Edwin Jr. as IPMR were liable for contempt
of court. – Alfred Dizon
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