Warped FPIC version

 LIGHT AT THE END OF THE TUNNEL

Roger Sinot

ASIN HOT SPRING, Tuba, Benguet - Last March 10, 2015; the OIC- Regional Director, NCIP-CAR replied to my letter in reference to the Free Prior Informed Consent process on how it is conducted when consent was already given by the landowners to the proposed hydroelectric plant project here.

"We deemed it proper to refer your letter to the company, Goldlink Global Energy Corporation for comment in the interest of due process”, the Director stated. Part of the letter comment of the Legal counsel for Goldlink dated December 15,2014 said and I quote: "Mr. Sinot's family is among those who were invited to the meeting because, based on the preliminary surveys, their property was a probable site/route for the proposed project. Hence, there was a need to redesign and re-route the project so that those NOT amenable to the use of their properties would not be affected." 

He further said, "Please note that consent obtained through FPIC does not operate as a license for the project proponent to enter private properties over and above the objection of those who actually owned them." He even stressed that the consent of the Local Government Units (LGUs) to hydroelectric projects implemented within their territorial jurisdiction is dictated  by law and government regulations. It does not come within the ambit of the IPRA. 

Hence, securing the endorsement of the host LGUs is not a condition precedent to the issuance of a Certification Precondition (CP) much less the conduct of the FPIC process. In the same manner, a CP or the conduct of FPIC is not a requirement for the endorsement by host LGUs.

May I state the definition of FPIC derived from the IP Rights Act. The FPIC is a consensus of all members of the ICCs/IPs which is determined according to their customary laws and practices. The consensus should be free from any External Manipulations, Interference, and Coercion and obtained after fully disclosing the intent and scope of the program, objective and activity of the proponent.

The FPIC is given by the concerned ICCs/IPs upon signing the Memorandum of Agreement(MOA) containing the conditions/requirements and benefits, as well as penalties of the agreeing parties as basis for the consent. On the host LGUs consent, as required by law, no permit for the exploration, utilization and development of natural resources on any portion of the Ancestral Domain shall be granted or renewed by the concerned government regulating agency WITHOUT FPIC of affected ICCs/IPs.

Therefore, may I again say, this is "putting the cart before the horse." A classic example of a Chinese Proverb, "LutongMakaw"(Done deal) or was it just for compliance sake?

My family’s property located at Nursery, Sipitan, Tadiangan is where the water intake of the old American made AsinHydros #2 and #3 of barangay Nangalisan are located. It is the source of water supply for basic livelihood, farm irrigation and households downstream. It also supplies three resorts in the barangay. Should the Goldlink redesign and reroute the water from the Irisan river that pass through our property, all of the stakeholders below will be affected. 

If and when Goldlink would do so, it will be an unlawful act. The diversion/rerouting involves a great deal and causes eminent danger of dissipation and drying up of farms and even constitutes environmental damage that prejudices the lives, health and properties of inhabitants below. The railroading of the approval of the proponent’s project disenfranchises the whole of Nangalisan barangay.

Under section 59 of the IPRA, it provides that all departments and other government agencies shall henceforth be strictly enjoined from issuing, renewing, or granting any concession, license or lease, or entering into any production-sharing agreement without certification from the NCIP and Ancestral Domain holders. 

Such certification shall only be issued after a Field-based Investigation (FBI) conducted by the Ancestral Domain Office (ADO) of the area concerned. It provides that NO certification shall be issued by the NCIP without the free, prior, informed and written consent of the ICCs/IPs concerned. 

We yearn for an FPIC that is simply followed. Free- is first, Prior- is second, Informed- is third, and a written consent/lease contract- to be the last activity. It should be accessible, consistent and pro-ICCs/IPs. Their rights in particular should be given concrete and expedient process that only allows the proponent Goldlink to play second fiddle. It is clear, the message of IPRA is that the ICCs/IPs of the locality (Tuba) will determine their DESTINY, and not the proponent Goldlink, neither the NCIP who determine it for them.

As an elder of the community and a leader to the Tadiangan Nangalisan Hydro Ancestral Land Association (TNHALA), I say, "In triumph or in defeat, we will keep on knocking and pounding until we slay the dragons of penury and injustice” so PEACE and JOY will truly REIGN in Benguet and the Cordillera as well.

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Sixth annual Ibaloi Day celebration

LIGHT AT THE END OF THE TUNNEL

Roger D. Sinot

ASIN HOT SPRINGS, Tuba - The month of February has a lot of markings. There is a succession of events and activities for local and foreign a tourists who find their way to Baguio. We have the “Panagbenga Festival that is a month and a half activity, including the first week of March. We have the Chinese New Year. And the just concluded Ibaloy Day Celebration that is a three-day activity from February 21 to 23, the last day of which was officially declared as Ibaloy Day with this year’s theme ADIVAY SHI AVONG: “Daing, Tahal tan Semek ni Ivadoy”.

On the first day was a parade marked with the blowing of a cow horn loud enough to be heard. The horn-blowing jumpstarts the parade. In the early days of cattle raising, the cowboys blow their horn many times that people on the other mountain get to their feet and bow as a sign of respect to an activity, just like a trumpet sound that announces the arrival of the king or the royal family. Onjon ni Ivadoy president Jackson Chiday and Leopoldo Lamsis, the vice-president led the parade of the descendants of early settlers of Baguio and Benguet. Around a thousand or more walked the historical road with pride from the Convention Center down Session Road with their traditional attires.

As a descendant of the great old man Piraso, I took a second look at the Casa Vallejo and asked myself, shall we still see a house of the old man on this site if the Americans went to some other aside of Baguio? According to manong Jackson, he recalls that his grandfather Batu was buried at the foot of the site of city hall. Maybe someday his ancestors will appear in his dream and we will see Jackson doing a ritual for his ancestors in front of city hall.

February 22, 2014, Sunday, was the launching of a book “Indigenous Earth Wisdom” by Ms. Vicky Macay. The book is a recollection of how Baguio was preserved and maintained in the early days. The book written by manang Vicky gives importance to the “Kakad kajuan” forested mountains. The author is one of the Council of Elders of Baguio from the Loakan cluster area. Andrew “Bobby” Carantes, a professor of PMA from Loakan also launched his CD Album entitled “IKUL” an Ibaloy term for “tail”. You will love his songs since these are original compositions. He and his siblings were members of “Bagiw”, a Baguio Band which rocked the clubs with their Rollling Stone attires. His CD albums are now available at the record bars in Baguio.

During the three-day celebration, I noticed the streamer of a man in a kuval (G-string) and Americana riding on a horse beside a corral where cows are grouped, fed with salt and branded. Mateo Carino was the man who fought all the way to the higher courts his land where John Hay was established. He won without seeing the fruit of his fight. History tells that he was the hero behind the Carino Doctrine. It states that lands held since time immemorial are private lands.

Former NCIP Chair Zenaida Bridgette Hamada Pawid, fondly called as Manang Bridz and a descendant of Mateo Carino, once again said at the program that the site of the Ibaloy Garden is originally owned by them but their clan have decided that this be used not by the clan alone but by the Ibaloys of Baguio and Benguet. If only the late Cecil Okubo Afable of the Baguio Midland Courier was around, she would say “Amen” to that pronouncement.

The United Nations refers to Indigenous People as the “People who occupy a distinct territory, have a historical continuity with pre-invasion and pre-colonial societies; consider themselves distinct from other sectors of society living in the same part of the same territory. They are not a dominant sector of society but are determined to develop, preserve and transmit existence as a people, in accordance with their own cultural patterns, social institutions and legal system.” Before the program, the Council of Elders of Baguio and Council of Elders per clusters of Baguio were inducted by the NCIP-Regional Hearing Officer, Atty. Brain Masweng, whose mother’s roots is Ibaloy.

The late senator Dr. Juan Flavier said, “The IPs are the off springs and the heirs of the peoples who have first inhabited and cared for the land before any central government was established. Their ancestors had territories over which they ruled themselves and related with other tribes. These territories - the Land- includes people, their dwelling, the mountains, the waters and the air, plants, forests and the animals. This is their environment in its totality. Their existence as Indigenous people is manifested in their own lives through political, economic, socio-cultural and spiritual practices. The IPs’ culture is the living and irrefutable proof of this. Their survival depends on securing or acquiring land rights, asserting land rights to it. Otherwise, IPs shall cease to exist as a distinct peoples.” His speech molded the IPRA Law.

For his part, Mayor Mauricio Domogan said, he recognized what the law provides in the IPRA law and will see to it that the Ibaloy day will be a part of the Panagbenga Festival next year. A salute to Councilor Isabelo “Poppo” Cosalan Jr. for authoring February 23 as official day for Ibaloys, and the Carino Clan represented by Manang Bridgette for allowing their land to be used as the Ibaloy Heritage Garden.

Happy trails to all Ibalois, Hail to the Onjon ni Ivadoy!

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Tuba hydroelectric plant FPIC

LIGHT AT THE END OF THE TUNNEL

Roger Sinot

ASIN HOT SPRINGS,  Tuba, Benguet  - From the time the Tadiangan Nangalisan Hydro Ancestral Land Association (TNHALA) was created on November of 2005, the  group has been insistent on the Department of Energy-Energy Regulatory Commission (DOE-ERC) ruling pursuant to Implementing Rules and Regulations(IRR) of the Electric Power Industry Reform Act (EPIRA), also known as Republic Act 9136 of 2001.

The group of about 50 members made it known in previous press interviews that a "Certificate of Compliance" (COC) from ERC should first be acquired by any proponent investor, or any person or corporation who likes to engage in energy projects, may it be a government or private entity.

 The IRR states that "No person or entity may engage in generation of electricity unless such person or entity has received a COC from ERC to operate facilities used in generation of electricity." At first, the proponent should obtain a Certificate of Precondition from the NCIP, which requires a Free Prior Informed Consent (FPIC) from the ICCs/IPs of the area where the proposed project is located.

 The Goldlink Global Energy Corporation had its First Consultative Community Assembly relative to the FPIC to be given by the Indigenous Cultural Community within the Ancestral Domain of Tuba last January 19, 2015. The second will be on February 2, 2015. 

 This corporation filed an application in the municipal council last week for water rights over 13 rivers along their proposed project, according to my source. The same said that the city government are in protest against this move. Again we, TNHALA would say that under the ancestral domain of Tuba, the ICCs/IPs have the mandate and prior right to decide on the fate of their environment, which includes the rivers (Bodies of water) in particular.

A certain corporation, Caltimex favored by the city government also wants to take over and resume operations over the old city-owned facilities but just as we have said, they have to undergo through a process too.

***

We, Asin folks condemn the killing of our brother Cordillerans who were among the Philippine National Police elite Special Action Force who were brutally killed in Maguindanao Province last Sunday! Condolences to the bereaved families.

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Goldlink consults Tuba folks

LIGHT AT THE END OF THE TUNNEL

Roger D. Sinot

ASIN HOT SPRING, Tuba, Benguet – Last Jan. 19, at the Tadiangan Barangay Hall, the Benguet office of the National Commission On Indigenous Peoples (NCIP) under Ms Nora L. Ramos opened the first Consultative Community Assembly (CCA) relative to the application for Certificate of Precondition (CP) of the Goldlink Global Energy Corp. for its proposed Hydro Power Plant Project within the Ancestral Domain of Tuba.

The activity was part of the mandatory Free Prior Informed Consent process that Mrs. Olga Dangwa and I as landowners and officers of the Tadiangan-Nangalisan Indigenous Hydro Ancestral Landowners Association, Inc. (TNHALA) attended.

Ramos said, another assembly was set on Feb. 2 in Tadiangan Barangay, Feb. 3 in Nangalisan and Feb. 4 in Barangay Poblacion. On these days, proponent Goldlink will present the scope and extent of its proposal, clarify and explain its operational plan to the concerned ICCs/IPs and the Council of Elders/Leaders. The presentation will include perceived disadvantages or adverse effects to the community and the measures to be adopted by the proponent to mitigate these effects.

 The CELL was organized on the spot during the first CCA and is composed of 10 individuals from the barangay LGUs and landowners. The Council will decide whether another meeting is necessary to complete the process.

The opposition if any, may be given equal time in the presence of NCIP. The NCIP may cause the conduct of an assembly of all the members of the community who may be represented by the household heads. In case of any disagreement among the stakeholders, a voting process by the open raising of hands will proceed with the NCIP “determining” who would vote.

The resulting decision will be explained and properly documented; and the terms, conditions and compromises will be written in a memorandum of agreement to be signed by all parties in the presence of the NCIP. The MOA may later be translated in Ilocano or Ibaloy or in a language understood by the parties, with their signatures or thumb marks affixed to the document.

Under Section 6 of Republic Act  8371 or the Indigenous Peoples Rights Act (IPRA), the ICCs/IPs shall, within their communities, determine for themselves, policies, development programs, projects and plans to meet their identified priority needs and concerns. THE ICCs/IPs SHALL HAVE THE RIGHT TO ACCEPT OR REJECT a certain development activity or undertaking in their communities.

Indigenous Peoples (IPs) was defined by the late Senator Flavier as the “offspring and heirs of the people who had first inhabited and cared for the land before any central government was established. Their ancestors had territories over which they ruled themselves and related with other tribes.

These territories - the land - include people, their dwelling, the mountains, the waters, the air, plants, forest and the animals. This is their environment in its totality. Their existence as indigenous peoples is manifested in their own lives through political, economic, socio-cultural and spiritual practices.

The IPs culture is the living and irrefutable proof to this. Their survival depends on securing or acquiring land rights on it; otherwise, IPs shall cease to exist as distinct peoples. The way I understood, the state now recognizes the inherent dignity, the equal and inalienable rights of all members of the society, for these are the foundations or pillars of freedom, justice and peace.”

Speaking of Tuba as an ancestral domain in Southern Benguet; Section 5 of Article XII of the Constitution protects the rights of ICCs over their ancestral lands, ensures their economic, social and cultural well-being. The Ibaloy is the main tribe or ethnic group found in the valleys and mountains in the southern part of Benguet, aside from the Kankana-eys who trace their roots from the northern part. Like other Igorots in the Cordillera region, they live a good life enshrined in the system of mores, beliefs, rites and rituals.

May the FPIC process be fruitful and beneficial to both parties - the proponent Goldlink Global Energy Corp. and Ibaloy ICCs/IPs of Tuba. May God (Kavunyan) give wisdom and courage to the Ibaloys of Tuba to once again make a decision beneficial to them, the community and the next generations.

Happy trails everyone!  

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A ‘wonderful world’ of Doakan by Vicky Macay

LIGHT AT THE END OF THE TUNNEL

Roger Sinot

ASIN HOT SPRINGS, Tuba, Benguet -- Before the meeting of the council of elders of Baguio had adjourned, Manang Vicky Macay, an elder from Loakan, handed me a copy of a story she shared in a lecture at Marry Knoll Learning Center last Nov. 22.

Their intention was to make a book on customs and traditions of the early settlers of Loakan, a barangay of Baguio. She told me to write this down in this column, so let me summarize her 8-page story.

Manang Vicky said the once rustic Loakan, then called Doakan in her childhood is now so different. She recalled how they cared for the land, the water sources and springs.

"There was a spring in Sadjo near the old house of Bilad Carantes Macay, but this was destroyed when the compound of the Export Processing Zone (EPZA) was built in the 80's,”she said.“There were two rivers in Pidawan, where we used to get water to drink and bathe. But now the rivers are dirty and polluted."

She continued: "In the past, our parents would remind us when we go to school not to throw anything in the river because we might hit unseen beings -- so many reminders on taking care of the waters."

She related the natural bounties they benefited from when the mountains in the area were lush and green. That was then, she said, adding people should be "nature's guardians".

She ended her story: "We always remembered what our elders said. Lend to those who are in need so they can have a turn to work on the land. Don't you know that there are ancestral spirits watching you when you are selfish? In that case, they would not give you a good harvest."

***

Here is an American Indian saying I quote from Facebook:

"There was a time when man took no more than he needed -- that time is gone. There was a time when he gave something back -- that time is gone. There was a time when he worshiped the creator and honored the creation-- that time too is gone. Now that the waters are polluted, our natural resources are all but gone and the creation is dying. It is time to find our way back to earth!"

***

Here is also a popular old song written by Louis Armstrong, a song I usually sing with my grandson Justin Wesley while

we go for a walk on the road here in Asin, entitled What a Wonderful World.

I see trees of green, red roses too

I see them bloom for me and for you

And I said to myself what a wonderful world.

I see skies of blue and clouds of white

The bright blessed day, the dark sacred night

And I said to myself what a wonderful world.

The colors of the rainbow so pretty in the sky

Are also on the faces of people passing by

I see friends shaking hands saying How do you do

But what they're really saying is I love you

I hear baby's crying and I watched them grow

They'll learn much morethan I'll ever know

And I think to myself what a wonderful world

Yes,I think to myself what a wonderful world!  Oh yeah!

                                ***

The world is in our hands now. Shall we join the band of  Common Tragedy (Maudi ti babawi)? Or do our part as guardians of nature and one day walk along the parks singing the song What A Wonderful World with our children and grand children! The choice is ours my friends. Let us be Vicky Macays in our own ways.

Merry Christmas and a Happy Trails to everyone. Happy birthday to my grandson Justin Wesley Daoas Sinot on his 4th year this Dec. 24.

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Tongtong and the Council of Elders

LIGHT AT THE END OF THE TUNNEL

Roger D. Sinot

 PINSAO PROPER, Baguio City – A second general assembly of Baguio ancestral land claimants was held at the Review Hall, Resurrection Church, Magsaysay Ave., Baguio City, on Nov. 29.

The main event of the program was induction of the Council of Elders of Baguio just after the welcome remarks and overview of the activity by lawyer Harriet Abyadang, the new adviser in the Baguio National Commission on Indigenous Peoples office who will also provide legal assistance to the CoEls.

 While on our seats, inducting officer city mayor Mauricio Domogan asked me how the Council of Elders came to be. So I had the chance to brief the mayor that last May 7, an assembly of land claimants in Baguio was held.

The claimants themselves nominated elders from their clusters who were present at that time. Around 40 were endorsed that was reduced to 19 members, and finally 10 who had their oath of office. The selection was based on their interest and dedication since being an elder is purely voluntary in nature.

 In the early days, when the heads of cows outnumbered the heads of men, the Ibaloy families occupied the present Baguio land. Long before the arrival of foreign colonizers and long before the city government of Baguio was established in 1909, the Ibaloys had their way of settling problems and conflicts.

This was the tongtong or tongtongan when the Council of Elders meet and decide on a solution. Customs and taboos were observed as unwritten laws. Though these practices were unwritten, every member of the family and the community had to abide by them as an attachment to their beliefs.

The Ibaloys obeyed the words of the baknangs (wealthy men) who perform the most feasts canyao, and the dadahay (elders) in their respective tribe or clan. On customs that become part of the unwritten laws, the council of elders then settled a case in a tongtong many years ago.

The man was advised by the elders from continuing his notorious stealing. The elders summoned the man and offered a purification ritual for his reformation. Despite all efforts and exhortations by the mambunongs (pagan priests),the man never reformed.

According to the custom, such person was subject of condemnation by the community. He was therefore looked down in the community as unworthy and an outcast. What made this a "shame custom" was the curse that followed. This was a conviction of shame and disgrace by customary law that was carried over to his innocent children. In short, it was taboo to get something that does not belong to you.

I recall my mother telling a story about a cattle thief in Kayapa, Nueva Vizcaya in the 60s, in a community called Pingkian. The policeman brought out a cow thief during the market day where people from the lowlands of Bambang and Aritao came to barter with the highlanders of Kayapa and Bokod.

It was a day of feasts in the town hall and the market. The cow thief had a placard hanging on his neck that said, "Haan dak nga toltoladen, agtatakawak ti baka" (Don't follow after me, I am a cow theif). He was made to walk around the market place where everyone saw him pulling the cow following behind him. The placard also stated his name.

This customary law was carried over to the offspring that when the son of the thief stated his name in a gathering, one would say, "Yes I know, you are the son or the grandson of the cow thief."

 This Council of Elders that was newly installed does not go back to do the same that the elders did in the past, but rather it was formed to make amicable settlements among heirs, relatives and clans as far as ancestral lands are concerned so that an alternative conflict resolution is done and their land application will smoothly sail in the process. “To protect, uphold and promote the rights and interests of the Ibaloy community as IPs, in harmony with our customs and traditions and not contrary to law" was the gist of the oath we pledged.

Last May 9,  the Council of Elders in resolution No 01-2014 strongly urged the NCIP to “lift the moratorium” on the processing of applications for Certificate of Ancestral Land Titles issued under Memorandum No. 513, so as to allow the processing and issuance of CALTs that the Ibaloys of Baguio City have strived for. Through the CoEls, we pray that the CALTs and CADTs go to nobody but the rightful applicants whose applications properly underwent the tedious government processes, hoping this would lead to the issuance of CALTs.

An unspecified number of ancestral land claimants have already died without seeing the fruit of their struggles. We just hope that our prayers are granted in memory of our ancestors who have long believed that this piece of paper called CALT be realized. So help us Apo Kabunyan God!

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114th Benguet Anniversary and the Baguio Council of Elders

LIGHT AT THE END OF THE TUNNEL

Roger D. Sinot

ASIN HOT SPRING, Tuba - On this November event in the capital town of La Trinidad, Benguet, history is repeating itself. With the month long Adivay Festival, Benguet Province is rising on the world map of tourism. "Adivay" is an Ibaloy term meaning “coming together to celebrate”. Meanwhile, Benguet is still dubbed "Salad Bowl of the Philippines" due to its huge production of highland vegetables that are practically ingredients of any vegetable salad. Congratulations to the officialdom and residents of Benguet, and the 13 municipalities for its success. "Piyasta Ni Ulay!"

Let me recall the origin of the name "Benguet" from a research work, particularly, a book written by Mr. WasingSacla. It read:Since time remembered, La Trinidad was known as a fertile valley with a wide lake in the center. The shallow part of the lake was planted with "aba" (taro) and later with "kintoman" (red rice). At the rim of this valley were herds of water buffaloes (kanuangan) grazing and wallowing on the muddy waters of the deep side of the lake. Besides their produce, the people lived on the bounties of the lake for their food teeming with fishes, woodcocks, birds and other wilds, it had provided them for years of plenty.

Usually, after a harvest, the "ama", respected elder, throughout generations, unselfishly shared his good harvest by celebrating a "pechit" (rich man's feast) with which he would call his neighbors and relatives beyond this valley. To protect themselves against searing cool winds during the "ang-chap" (cold season), the wealthy ones had to cover their heads with red kerchief and the general mass with white sheet cloth. The head covering during farm work and cold, in the nabaloy dialect, is generally called benget, meaning, covering from the head down to the neck with wide opening for the eyes. Other families use hides of "motit" (civet cat) to protect themselves from the cold, heat of the sun, and rain which they called "duvong" and the one wearing it when seen from a distant are called "nanbengebenget".

When the Spanish expedition under Comandante Guillermo de Galvey first saw the beautiful valley, one of his interpreter, an Indio, mistook the words of the Spaniards. Thus, the Spaniard pointing in the direction of the farming folks planting aba boomed out: "Como se llama estelugar?" "What is the name of this place?" The Indio asked the native elder, "Anya cano ti impotpotipot ti ul-ulo ti tat-tao ditoy?" The Ibaloy elder said, "Benget!". Not probing any further, the cartographer of the expedition wrote "benget" with European sound "benget" pronounced as "beng-gu-et". Thus, the Spanish colloquial meaning, Benguet got its name to include the present Province of Benguet.

Mrs. Zenaida Hamada-Pawid, now NCIP Commissioner, made critical suggestions and contributions to the book being an educator, journalist, civic leader and also an author of Benguet History herself. Onward and "All Hail, Benguet Beloved” as the official song of the Province goes. "All Hail to Benguet!"

********

On the Baguio Council of Elders, a list of names were nominated in a series of claimants’ meetings after the Baguio Ancestral Land Claimants Assembly on May 07, 2014.

For Cluster 01 (Pinsao/Benin, Guisad and Irisan), those nominated were Dra. Julie Camdas-Cabato, Roger D. Sinot, Pancho Alinos, Albert Dimas, Sayud Palgue, Jimmy Saguid, Fely Antonio, Jerry Kabluyen and Balbina Ernesto;

 Cluster 02 (Loakan, Kenon Road, Camp &, Kias, Atok Trail, Bakakeng and Camp John Hay): Former Mayor of Tuba Jose P. Baluda, Andrew Carantes, Rebecca Mataba, Bernard Okubo, Vicky Macay, Samuel Eralio, Hubert Caroy, BasilioBinay-an, and Norbert Antonio;

 Cluster 03 (Happy Hallow and Country Club): Philip Canuto, LilianCuilan, DencioAlmag, HilariaGasic, Tito Segundo and Ronaldo Perez.

 Cluster 04 (Pacdal/Busol, South Drive, M. Roxas and New Lucban): March Fianza, Engr. IsabeloCosalan Sr., Marilou P. Juan, Claro Podique, Cynthia Amistad and Juan Cario.

 Cluster 05 (Marcos Highway, Asin, Crystal Cave and Sto. Tomas): LeonilaSuello-Edrano, Marie Suello-Kitma, CresencioPacalso, Michael Alos, Atty. Rebecca Apil, Margaret Semon-Dong-e, Jose Kani and Dario Saingan.

 Cluster 06 (Mines View, Gibraltar, Pucsusan, Lucnab and Outlook Drive): Lolita Salcedo, Edward Bitaga, Margie Arinos, Sylvia Lanag, Ptr. CatalinoPasking, Bernadette Libayao, Magdalena Cayapa and Judith Maranes.

After nominations were conducted, series of meetings and a seminar held, comes now the list of 10 Council of Elders for Baguio. They are Engr. IsabeloCosalan Sr., former mayor Jose P. Baluda, Vicky Macay, Philip Canuto, Maribel Suello-Kitma, Michael Alos, PanchoAlinos, Margaret Semon Dong-e, Norberto Antonio and this Ibaloy writer. With the assistance of no less than our NCIP Commissioner for Region I and the Codillera and her untiring staff, the CoEls were sworn and inducted by the City Mayor of Baguio, Atty. Mauricio Domogan last Saturday, November 29, 2014.

 We are saddened by the passing of our brothers, Manong Benny David and Manong Mike Alberto. May you rest in peace and Happy Trails to your eternal journey! 

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Conflicting ancestral land claims in Baguio and FPIC in Tuba

LIGHT AT THE END OF THE TUNNEL

PINSAO PROPER, Baguio City -- The Council of Elders of Baguio with the National Commission on Indigenous Peoples-Baguio started mediating conflicting land claims in cluster 1 that covers Guisad Valley, Irisan, Pinsao Proper/Pilot/Pinget) areas.

The elders planned at least three meetings to come up with reliable and dependable resolutions. The tradition of settling conflicts the Ibaloy way is termed "tongtong", wherein council of elders in certain area or clan gathers and participates in the process -- the customary way of solving conflicts among family members or among relatives with overlapping claims.

To avoid conflict of interest, manong Pancho Alinos and I inhibited as memebrs of the council and had uncle Isabelo Cosalan Sr. and manong Philip Canuto of cluster 4 and 5 preside as the tongtong went along. Manong Philip tried to introduce each of the CoEls who were present, then let the rest introduce themselves and why they were there.

Uncle Isabelo "Belo" shared his prayer as he stepped out of his house that morning. He recalled his prayer that God would bless his trip to Pinsao and he be granted wisdom and courage, and to be a blessing to everyone in Pinsao, for he believes that in any way, everybody in the community is a relative "Ayshiafil".

He prayed Kabunyan who gave us eyes to see and wisdom to understand will  direct conflicting parties to a compromising mood. "While the CoEls are gathering all that can be sorted out as customary laws, we are all ears to the root of every problem and then find solutions to them," he said.

We were all inspired by his explaining the spiritual importance of putting God first in all that maybe done in that meeting.

Every elder said his piece in getting to know everybody. Manang Vicky Macay, a volunteer and a CALT (certificate of ancestral land title) holder, recalled their hardships with Commissioner Bridgette Pawid, Dr. Julie Cabato and the rest of their group who lobbied for recognition of ancestral lands in Congress.

Manong Philip Canuto and Alberto Antonio talked on membership and activities of the Onjonni Ibaloi. Marie and Leonila Suello talked on creation of council of elders and how they preserved the land their father Benjamin Suello left them. Former mayor Jose Baluda, an heir of the Parisas from Bakakeng, cluster 2, spoke on being "shy" – a purported Ibaloi trait which they should be proud of. He said that an Ibaloi acts independently but must have the ability to adapt himself to modern times. "We Ibalois must be educated and learned. We should all be guided accordingly as indigenous peoples."

We attended three conflicts among the heirs of Salda, Alinos, Philip Camdas, Wesley Sinot, Mary Paran and Iloc Bilag. From our assessment of the three conflicts, the council learned and explained customary ways as we went along. First custom was the distribution of the meat after the canyao, called "watwat". Ibalois are clannish that this token pieces of meat be carefully and religiously distributed to every household in the community that even their household dogs have a share of the bones of these token.

The person assigned to distribute the meat knows very well all the people whom the meat is to be delivered in the community and nearby ones. Manong Pancho recalled in his younger days that one had to deliver with a service car and finish a day just going around Baguio delivering meat.

Second custom: Ibalois believe that there are two kinds of men, the seen and the unseen. "Hutamahsas tan Hutaag mahsas". In funeral of a parent, everybody must be informed. When a person owes or has a debt to the dead, he must come and pay his obligations to the bereaved in cash or in kind to help the family's expenses.

When the dead owes a person, this person should let the bereaved family know their parents owe him the amount. If an agreement was done, the children must know and acknowledge the agreement during the wake.

Third custom is the Ibalois' obedience to the law of the land. We don't want trouble if possible. We are peaceful and respectful citizens. We believe that education never lacks the meaning and value of spirituality.

Merits go to the Baguio council of elders, namely Alberto Antonio, PanchoAlinos, Philip Canuto, Vicky Macay, Leonila and Marie Suello, Mike Alos, Uncle IsabeloCosalan Sr., yours truly and many more who do not want to be named. Our learning pays tribute to Manang Brigitte Pawid. More power to you and your staff.

***

Over at Asin Hot Spring, Tuba, Benguet, on “free prior informed consent” of Tuba folks on water rights over rivers and tributaries controversy in the town which the locals reportedly gave to a firm.

Under definition of terms, chapter II of the Indigenous Peoples Rights Act, FPIC means consensus of all members of the indigenous peoples to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference coercion and obtained after fully disclosing the intent and scope of tyhe activity, in a language and process understandable to the community.

My nephew Mike Alos and I went for a visit and had advice from the legal officer of the NCIP-Benguet concerning our findings. The former barangay captain of our place, Tadiangan is going around in a van owned by Goldlink/Goldrich, inviting landowners with a letter and a contract of lease attached to it. What surprised us was that the contract was already signed by the owner, Mr. Go. Many have already signed the contract. We just wonder if there is such animal as "CFPI"- “consent/cash free prior informed instead of FPIC. We believe this as a ploy of "divide and conquer". It is a direct application rather than due process. So help them God.

As far as we know, Tuba municipality is a CADT, ancestral domain holder but this guy is so proud in saying they already have the water right for Tuba rivers and tributaries. "Bantiwel"

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Dr. Juan M. Flavier and the IPRA

LIGHT AT THE END OF THE TUNNEL

Roger D. Sinot

ASIN HOT SPRING, Tuba - Dr. Juan Martin Flavier is a “four-eleven” Baguio boy who lived and grew-up in a mining community in Balatok, Itogon, Benguet and later at Scout Barrio. As a young lad, he was valedictorian of his class at the Baguio City High School and worked his way through college and graduated from the University of the Philippines (UP) with a degree in medicine, 1960. He attained his Masters degree in Public Health from John Hopkins University. After graduation, he shunned offers for him to work in the United States and instead chose to be a doctor to rural communities instead.

In 1992, he was appointed by then President Fidel Ramos to the Department of Health (DOH) as its Secretary. In 1995, he became a senator that was followed by another term. As a Senator, he authored legislature to promote public health care and improve quality of life for Filipinos. He penned the traditional Medicine Law, the poverty Alleviation Law, the Clean Air Act. He sponsored a landmark piece that uplifted the lives of Indigenous Peoples, the Indigenous People's Right Act (IPRA).

This small but terrible fellow has written a number of books or his experiences working as a medical doctor for the rural reconstruction movements and as a public servant. He had a unique sense of humor. He also wrote a series of parables. They were printed and published in one of our daily newspaper in Baguio. These short stories he told are familiar events especially in barrios. He designed his stories to illustrate or to teach some truth, religious principles and of moral lessons.

 May I quote and unquote the senator's Sponsorship Speech in the Tenth Congress, Second Regular Session, on October 16, 1996. "The IPs are the offspring and heirs of the people who have first inhabited and cared for the land before any central government was established. Their ancestors had territories over which they ruled themselves and related with other tribes. These territories- the land- include people, their dwelling, the mountains, the water, the air, plants, forest and the animals. This is their environment in its totality. Their existence as indigenous peoples is manifested in their own lives through political, economic, socio-cultural and spiritual practices. The IPs culture is the living and irrefutable proof to this. Their survival depends on securing or acquiring land rights; asserting their rights to it; and depending on it. Otherwise, IPs shall cease to exist as distinct peoples."

The way I understood, the state should recognize the inherent dignity, the equal and inalienable rights of all members of the society for these are the foundations of freedom, justice and peace.

Dr. Flavier is to be remembered as a beloved communicator of humor and a father of his own parables. His wit and wisdom should be recalled time and again on how we IPs inherited our lands from our ancestors. The NCIP Commissioner, ManangBrigitt emphasized this. She said, " Pangaasiju, agjuidah dahuirata budayju!" (Please, don't sell your inheritance! She said so when we had a meeting together with the nominated members of Council of Elders of Baguio last Friday. So, let us treasure the hardships of our folks.

Happy Trails to your journey Senator to that Mansion Over The Hilltop! 

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Baguio Council of Elders

LIGHT AT THE END OF THE TUNNEL

Roger Sinot

ASIN HOT SPRING, Tuba, Benguet – Some members of the Baguio Ancestral Land Claimants nominated to the Council of Elders and Leaders joined the opening parade for the two-day DAYAW FESTIVAL 2014 the other week in celebration of the Indigenous Peoples month organized by the National Commission on Culture and Arts (NCCA), in coordination with the NCIP and the City Government of Baguio. It was an invitation by Mayor Domogan to IPs in the city that was also extended to us through the NCIP. The theme of this year’s festival for the Indigenous Peoples Month that exhibited awareness of the various cultures of the Philippines was "Katutubong Filipino parasaKalikasan at Kapayapaan".

Those who joined the parade were manang Vicky Macay of Loakan, manong Philip Canuto of Happy Hallow and other elders together with the Onjon Ni Ivadoy led by its president Jackson Chiday of Loakan. It was a happy and graceful moment to greet relatives, especially seeing Uncle Mike Kiwas' attire. It was the first time I saw Uncle Mike in G-string, with a grass raincoat and a spear and wearing his sun glasses. Uncle Mike was the eldest of the participants. We are proud of you uncle, may you live longer.

In front of the Casa Vallejo, while waiting for the parade to start, I was all eyes at the old American made hotel. While everybody was conversing, I wondered what could have been the results if the Heirs of CosenPiraso were successful with their ancestral land title over this place. What if the processing of their CALT had no objections or conflicts? Could we be seeing a billboard in front of the building that says "CASA PIRASO"? There are a lot of questions that lingered in my mind but could only be answered by our Creator.

As a Baguio Ancestral Land Claimant member who was nominated to be one of the elders, I am still on my study table. After gathering information, land resolutions, records and references concerning IPs that I can get, I realized that being a part of the Council is not an easy task. After our two-day seminar on how to handle land conflicts, the role made me feel superior than I used to be, not an ordinary follower. As to the reminder of Manang Bridget, Commissioner Pawid about "TiklopTuhod", an elder should be humble as a leader is expected to be. She reminds me of a sage who said, "To be a good leader, one must be a good follower". Guidance from reliable sources, especially in the application of our customary system and indigenous practices, the cultural traditions that promote peace are needed to be researched.

As an Ibaloy elder, am still on my study table in search for the history of "Tongtong", an Ibaloy system of settling conflicts within the tribe. Perhaps as the need arises, there is a need to interview old folks about the commonly accepted justice system among Ibaloys and other tribes who are in the same situation because one has to be equipped with such ideas in order to come up with resolutions. In Baguio, the Ibalois are too clannish. They have their own old folks as their elders, in the same way we have decided that every cluster comes up with its own group of Cluster Elders, same way as the Ibaloys did in the past. An elder should find a peculiar way in addressing the conflicting parties around the negotiating table and come up with a "WIN-WIN" solution to the main problem.

The task given to the elders has a vital participation in the community. Conflicts, especially among families have prospered in the past years, may it be in or outside of the courts of justice. Our job is particularly to pursue the quest for reconciliation among relatives, as our forefathers wished if they were still alive today, a challenging and great experience before time overtook us. According to Manang Bridget, the renunciation of all forms of lawlessness should be one problem to be addressed, specially that the "TuwidnaDaan" program of this administration is in full force. She emphasized also on the ethnic and tribal discrimination to be avoided, instead the application of customary system and indigenous practices and cultural traditions that promote peace and harmony among families and communities be upheld. he said, "Let us concentrate on making solutions instead!”

I came to realize in this time and age that there are no short cuts in all processes in life. Everything has a plan and time frame. Trees and flowers have their own growth plan, a time to be planted, a time to grow and a time to be harvested. The moon must make its trip around the earth according to the Creator's plan. Every human being must be born, grow and grow as old as his body can, according to God's plan. Sometimes we look at ourselves and we think as if we are not growing, but deep in our minds we know that we have to get older. It is not because we cannot see it with our minds does not mean that something is not happening. In ilocano, "Nuwanglaengtilumaklakay!" (Only Carabaos get older), but that is a self-denial." To be an Elder, one has to dig the ground to see how big the camote is, not by merely looking at the leaves," said Uncle IsabeloCosalan Sr.

"Hail to the NCCA for staging the Dayaw Festival! Hail to NCIP Commissioner Pawid for the formation of the Baguio Council of Elders! Hail to the Ibaloys of Baguio, and Hail to the Indigenous Peoples of the Philippines."

Happy trails to the Baguio Council of Elders and the Cluster COEls!

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‘Tiklop tuhod’

ASIN HOT SPRING, Tuba – At least 19 Ibaloy tribal members who were nominated to the Council of Elders of Baguio met here in a two-day training to enhance their knowledge on alternative conflict resolution and function as mediators in ancestral land conflicts. There is urgency in the situation of ancestral lands because there exists conflicts to be addressed.

            The uniqueness of Baguio is not just its being the cool city of Pines but as the home base of the Indigenous Peoples Rights Act or IPRA and that it is the haven of the American colonization. Thus, it was where the Native Title (Carino vs. Insular Government) was defined. The doctrine was applicable not only in the Philippines but other countries, particularly the United States, adopted it for their IPs.

            These heirs of ancestral land owners volunteered to assist the NCIP come up with possible solutions to conflicts involving family members. NCIP Commissioner Zenaida Brigida Hamada Pawid decided to train the group to help the NCIP resolve the cases possibly before the end of the year. Community elders are highly regarded as ones who are full of wisdom, dignified and have integrity and are generally relied upon as leaders in pursuit of problems.

            “That makes you different from other elders,” she said and mentions something about “tikloptuhod” (bending of knees) that the Council of Elders should do as a gesture of one who is willing to kneel in order to settle things amicably, one thing that an outsider cannot do.

            After a series of discussions since the last general assembly of ancestral land claimants on May 7, 2014; we came up with the training for the CoELs with the assistance of OIC RD Atty. John Ray Libiran, even if he was no longer in position. It was the second time I heard the former director explain his research on indigenous peoples’ rights particularly in Baguio, the place where he grew up and became IP rights advocate. I admired the way he delivered the IPRA down to earth, and answered questions politely and patiently that an ordinary person can understand.

I can say that he was the best regional director the NCIP Cordillera never had. The creation of the CoELs of Baguio is the legacy of Atty. Libiran and Manang Brigette. They hold dreams of reforms and vows to eradicate or cleanse the office, converting it into a corruption-free agency that will gain the respect of its clientele. Without these people in government, I say “daang matuwid” is turning out to be “daang paikot-ikot”.

Manang Brigette, as she wants to be addressed, emphasized on the elders’ attitudes to be lenient and develop an amicable atmosphere so as not to jeopardize the settlement process. “Maybe it is time for some straight talk from capable, aggressive and foresighted leaders,” she said. No wonder she was sometimes branded as “badger” who talks straight to the point, “walang paikot-ikot”.

Under her watch as NCIP chair, they crafted NCIP AO 02, the General Guidelines on the Confirmation of Indigenous Political Structures or IPS and the Registration of Indigenous Peoples Organizations or IPOs. The order printed in booklet form refers to IPS as “organizational and cultural leadership system, institutions, relationships, patterns and processes for decision-making and participation identified and accepted by ICCs and IPs. The IPS shall be recognized as the highest governing body with the IPO as its technical arm.”    

The booklet further states that “indigenous elders emerged from the dynamics of customary laws and practices, they evolve from a lifestyle of conscious assertion and practice of traditional values and beliefs. Hence, they are the recognized authority on conflict resolutions and peace-building processes. On spiritual practices, rituals and ceremonials and by doing so; they possess the attributes of wisdom and integrity. They lead and assist the community in decision-making processes aimed at protecting and promoting the sustainable development of their ancestral domains.”

Certainly, this is just the start, assuming that the CoELs have the guts to do their mandate with “tiklop tuhod”; let them crack the whip, especially now that “daang matuwid” is turning out to be “daang paikot-ikot”. Happy trails to the Baguio CoELs and the six cluster CoELs.

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Typhoon Pirazo

LIGHT AT THE END OF THE TUNNEL

Roger Sinot

ASIN HOT SPRINGS, Tuba, Benguet- Let me share copy of contents of a Certificate of Ancestral Land Titles, commonly called as CALT that every ancestral claimant dreams of.

Most of the 854 ancestral land claimants of Baguio that have originated from the 48” Igorot Claims” have still their folders in the Ncip-Baguio office for almost a decade after they were turned over by the Depat. of Environment and Natural Resources . One by one, the claimants and their heirs died without seeing the fruits of their efforts to have their lands be titled.

Here is the contents of a CALT, “ Know all men by these presents: Whereas, pursuant to the mandates of the 1987 Philippine Constitution to protect the rights of Indigenous Cultural Communities to their ancestral lands and domains, respect and preserve their culture and ensure their economic, social and cultural well-being, and in accordance with the provisions of R.A. 8371. 

An Act to recognize and promote the rights of indigenous cultural communities/indigenous peoples, creating the National Commission on Indigenous Peoples, establishing implementing mechanisms, appropriating funds thereof and for other purposes ... (then the name of the beneficiary) ...belong to the . . .(tribe) Indigenous Community/Indigenous Peoples, having continuously occupied, possessed and utilized since time immemorial under the a claim of ownership certain ancestral land situated in ...(location)... containing an area of ... (in hectares or square meters) ... more or less, more particularly bounded and described on page 2 hereof is/are hereby recognized of their rights thereto.

To have and to hold ownership  the above-described Ancestral Land.

To develop, control, manage, utilize and conserve the said Ancestral Land with all the rights, privileges and responsibilities appurtenant thereto, including the rights to/among members of the Indigenous Cultural Community/Indigenous Peoples, subject to the customary laws and traditions of the said community “.

Indigenous peoples, according to the United Nations, “those people having any historical continuity with pre-invasion and pre-colonial societies, consider themselves distinct from the other sectors of the societies now prevailing in those territories or parts of them. They form at present non- dominant sectors of the society and are determined to preserve, develop and transmit to future generations, their ancestral territories and ethnic identity, as the basis of their continued existence as people in accordance with their own cultural pattern, social institutions and legal system.”

 While doing a review on files submitted by conflicting claimants for settlement at the Council of Elders, I was all eyes on an old Real Property Declaration which states, “ I, PIRAZO (one name), residing in the town of TUBA, Province of Benguet, hereby certify that I am the owner of the following property located in the Barrio of GUISAD, township of Tuba. (note- the property is located in Guisad but in Tuba Township. It is an Inoman Pastureland, a 10 hectare land. This tax declaration was sworn and subscribed by then Tuba’s El President, WAKAT SUELLO. “ My grandfather Wakat Suello was the El president of Baguio. When the real property declaration was signed, he was then the El President of Tuba 1918, when the city was separated from the Township of Tuba”, according to Mrs. Marrie Suello Kitma, the granddaughter of Wakat Suello.

So, with the original copy of the Baguio Charter missing, being the best source of information, Guisad valley(of Baguio) could have been a part and parcel of the Municipality of Tuba just like in the case of Loakan, whom the old folks claimed that they also paid taxes in Tuba in the early days.

Guisad Valley at present consists of barangays along the hills that surround Guisad. Quirino Hill barangays, Pinsao-Pinget, Pilot and Proper, Quezon Hill and Irisan. My question, “ Does the Inoman of Guisad declared by my grandfather Pirazo lies along the hills? Or at the very heart of BPI(Bureau of Plant Industry)? A cousin and newsman March Fianza texted and said, “ As far as I recall, the junction of Bukawkan road and Magsaysay Road was the “Inomantibaka”, where Agrix building is now located.”

 At the back of the pasture hills were full of pine trees and woodland forest. The Bureau of Plant Industry Compound was paddies of rice fields.Before the Americans, Ibalois were in Guisad Valley namely, the Pucays, the Bugnays, Heirs of Pirazos, Heirs of Sinot Solano, Heirs of Pasi, and the Heirs of Kiangs in Badihoy. They were ruled by their elders.

They also maintained their forests called, “Kakadkajowan”, similar to the Muyong of Ifugao. Then was the time when the Ibalois took no more than they needed of trees for lumbers and firewood. The brooks and streams, springs and rivers were never thought to be polluted. They had the fullest of what their natural resources could bring. Those were the times when one has to set aside the trees to find that Ibaloi hut at the middle of the forest.

                        *** 

Typhoon “Mario” passed Baguio. This weekend comes Typhoon “Neneng”. Watch out when the Typhoon “Pirazo” comes bit by bit. Guisad Inoman is just one of the ancestral claims of his descendants here in Baguio and in the neighboring towns of Benguet.  

If and when the NCIP, the arm of the government, mandated to give way for the IPs of Baguio rightful privileges, am favorable that Baguio be in CADT statues.  But for this Ibaloi writer, it would be just his conclusion rather than his opinion.

“Happy trails to all indigenous people of the Cordillera”. This October is Indigenous People’s month. “On baknabaknang kitejo nemin!”

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