Reasons and Aims for the Establishment of the Tribal Government

REASONS AND AIMS FOR THE ESTABLISHMENT OF THE TRIBAL GOVERNMENT

1. To implement the Unwritten Law.

2. To know the Baylans who are still practicing the “ KALINDAAN HA GAPA BATASAN NA PUSAKA” the ANCIENT LAWS.

3. To follow and learn the ancient histories of each tribe.

4. To take note of the ancient unwritten laws and to spread and inform the public about present messages of the different baylans.

5. To know the Datus and the Baes who still practice the ancient laws and to take note of their observance to their laws.

6. To implement the responsibilities and obligations of a true baylan, true datu and a true bae.

7. To take note of the ANCESTRAL LAND BOUNDARIES to solve land conflicts among Tribes people, Muslims and Christians.

8. To train tribal forces to defend their ancestral lands.

9. To implement the Justice System of the tribe.

TRIBAL GOVERNMENTS SIX POINT COMMITMENTS

1. Recognition of the Baylans/ Prophets/ High Priests of the Multi-Ethnic Tribes who are the receivers of the messages from the Magbabaya.


2. The Practice of Customary Laws and Traditions both written and unwritten.


3. The creation / establishment of ANCESTRAL HOME DEFENSE FORCE.

4. The release of natural resources following the rules/la/regulations in accordance to their customary laws and traditions.

5. Nationwide census of the multi-ethnic tribes.

a. birth registration
b. family census

6. Construction of buildings for the educational, economic, moral and spiritual recoveries.

Factors that lead to the Establishment of
Tribal Government in Mindanao

1. There is no leader to lead them as one. A leader that is capable of bringing back the essence of the Customs and Traditions of each tribe.
2. The lack of governance in which the IPs can submit to.
3. The lack of proper education, even the basic reading, writing and arithmetic.
4. No definite source of income despite the many natural resources present in their domains.
5. The absence of Tribal Security Force or Ancestral Home Defense Force that would defend their ancestral domain from foreign intruders.
6. No accurate census data for each tribe.
7. Most employees or government agencies are concerned or concentrated on mining, resources utilization, more on land issues but the practice of customary laws and traditions that has primacy over such issues are set aside, the very reason why the Apos or our Ancestors are inhibiting in helping our country.
8. Most funds intended for the tribes are corrupted, diverted and have not reached the Indigenous Communities and were just enjoyed by a chosen few.
9. The troubled family life leading to non stop evacuation during war and conflict.

GENERAL PROVISION FOR THE DEMAND OF THE ESTABLISHMENT OF THE LUMAD AUTONOMOUS PROVINCE IN MINDANAO

FREEDOM TO RUN AND TO GOVERN AS PARTICIPANTS TO THE NATIONAL GOVERNMENT


SECTION 1 The province shall cover all public, forestal and coastal boundaries near and along the territorial boundaries of the Provinces of Bukidnon, Misamis Oriental, Misamis Occidental, Gingoog City, Agusan del Sur, Agusan del Norte, Butuan City, Davao City, Davao del Sur, Zamboanga Peninsula, Camiguin, North Cotabato, South Cotabato, Suigao del Norte, Surigao Sur and others.

SECTION 2 One Municipality for every tribe shall be created, One municipality for the Lumad, one Municipality for the Muslims and one municipality for the Dumagats like the Tagalogs, Bisayas and others.

SECTION 3 The province shall be divided into (4) districts where each district shall be composed of tribes who have almost similar behavioral characteristics.

SECTION 4 The Capital of the Province shall be located at the center of the Province where it shall be created.

SECTION 5 Only those who are landless members of the Cultural Communities are eligible to dwell in this province, whose names appear in the census submitted by their respective tribal chieftains, certified and verified by the Council of Elders. All Lands shall be equitably distributed according to respective Customary Law.

SECTION 6 Each district is obliged to submit their proceeds out of its income to the Central Tribal Government. A net share of 25% likewise shall be submitted or remitted to the National Government. The remaining 75% shall be applied to projects developments and all affairs of the autonomous province.

SECTION 7 All produce of prime commodities shall be enjoyed by the consuming public with business cooperatives and other economic ways and means managed and monitored by the Central Tribal Government.

SECTION 8 The Tribal Government pledged to help the economic recovery Programs of the Government where duly competent members of the Cultural Communities shall handle utilization of the province’s natural resources.

SECTION 9 The Supreme Tribal Court shall be the Highest Court where cases should be filed for final judgment if the Municipal Tribal Court cannot settle using their tribe’s judiciary system.

SECTION 10 The province Ancestral Lands and Domains shall be protected by Home Defense Force or Tribal Security Forces.

SECTION 11 The culture of our founding fathers shall govern and empower the implementation of various programs and developments.



STRENGTHENING OF THE IMPLEMENTATION OF THE TRIBAL JUDICIARY SYSTEM WITH PRIMACY OF THE CUSTOMARY LAWS AND TRADITIONS AS PER RA 8371

PROPONENT: OFFICE OF THE TRIBAL
GOVERNOR

TAWAGA-KOMBALAN
APO FOUNDATION, INC.

SITUATIONAIRE:

Many of the Lumads nowadays have been found landless in their own lands due to the influx of many trespassers in the vast ancestral lands. These trespassers are well to do, professionals , businessmen and can afford to pay the price of documentation processes in the attainment of land titles or rights and has the desire to acquire vast hectares of land without the free informed prior consent of the trisbespeople.

Just recently, November 15, 2007, the Tribal Governor made a very swift decision in calling the attention of the Brigade Commander in Malaybalay Bukidnon , the Chief PNP Director in Malaybalay Bukidnon , the National Commission on Indigenous Peoples Director and Attorneys of the NCIP to solve the long buried problems of the Lumads in Valencia Bukidnon. President GLORIA MACAPAGAL ARROYO had made a Presidential Proclamation 310 for the Use and Settlement of the Members of the Indigenous Cultural Communities in Barangay Musuan and for this purpose withdrawing Six Million Seven Hundred Thousand (6,700,000) square meters of the reservation established in favor of the Central Mindanao University.
1. This proclamation 310 was made in the year 2003, but until now the Lumads were not able to occupy the land because the President of the Central Mindanao University rejects or contests the President’s Proclamation. Brutal killings and missing people are always a scenario and bloodshed is always at hand.
2. The Justice System of the Tribes has never been gone, the practitioners are just around the corner.

3. The silence of JUSTICES to implement the TRIBAL JUDICIARY SYSTEM made the lives of the Lumads miserable because there is no one to assert their rights, opinions and principles, it’s about time they take a stand.
4. The silence is deafening and therefore its source has to be revealed.
5. The silence of the Tribal Justice System made the land grabbers prestigious, powerful, untouchable, carefree and abusive.

6. Today, November 24, 2007 we have made communications to the President of the Republic of the Philippines, the Vice President, the Justice Department, the National Commission on Indigenous Peoples (NCIP) that we are strengthening the implementation of the Tribal Justice System through the WISDOM of the Baylans or High Priests of the various tribes in Mindanao.
7. That we are strengthening its implementation to avoid further bloodshed and injustice.
8. Most indigenous communities, settlers to the ancestral lands are victims of war and conflict between the Armed Forces of the Philippines, the New Peoples Army, the Moro National Liberation Front, the Moro Islamic Liberation Front and other armed groups.
9. IPs are always victims of arm struggle,big problem arises since after evacuation as they return to their ancestral land there are other people occupying their lands already, the same reason why there is always land conflict..






RESOLUTION

Republic Act 8371 states that:

Rule IX – All Conflicts related to ancestral domains and lands involving the ICCs/IPS such as but not limited to conflicting claims and boundary disputes, shall be resolved by the concerned parties through the application of CUSTOMARY LAWS in the area where the disputed ancestral domain or land is located.

Section 2b – In applying the provisions of the Act,in relatiuon to other national laws the integrity of the ancestral domains , culture, values, practices, institutions, customary laws and traditions of the ICCs/IPs shall be considered and given due regard.

Section 2c – The Primacy of Customary laws shall be upheld in resolving disputes involving ICCs/IPs.

Section 2d– Customary Laws and traditions and practices of the ICCs/IPs of the land where the conflict arises shall first be applied with respect to property rights, claims and ownership, hereditary succession and settlement of land disputes.

Section 2f – In the resolution of the controversies arising under the Act,where no legal provisions of jurisprudence apply, the customs and traditions of the concerned ICCs/IPs shall be resorted to: and


CONCEPT

Upon knowing the essence and weight of Customary Laws and Traditions the next question is who are the proper executioner of Customary Laws and Tradition specially that of the Justice System?

The Office of the Tribal Governor has succeeded in locating the Wisdom keepers. He has been able to authenticate the wise and right JUSTICES to sit as Law HOLDER or WISDOM KEEPERS and they are the BAYLANS.

These Baylans are gifted. These baylans are wise. These Baylans received messages from Mother Nature, from the Spirits and from the Magbabaya, the very reason why Mindanao is called theLand of Promise. And so we have the honor to present the JUSTICES of the TRIBAL JUDICIARY SYSTEM the proper executioner of the Customs and Traditions.


1. Datu Jhanny Cuyan
2. Datu Mansimbahan
3. Datu Gunlas Mandabon
4. Bae Umvaya
5. Datu Saludohan
6. Datu Sinawad
7. Datu Buyo
8. Datu Talagad
9. Ina Panama


PURPOSE : Primary Purpose:

To be socially accepted, so that the virtues, teachings and doctrines of Apo Tawaga and Apo Kombalan known as Bungkatol Ha Bulawan nang Katasa Ha Lana, be spread throughout the world, uphold the Balaod sa Kaangayan (equality law), Sukdanan ug Gantangan sa Kaangayan ( scale of justice and equality), Diwata na Pamatasan ( moral behavior).

Secondary Purposes:

a. To exercise and implement the real essence and spirit of the Customs and Traditions which they inherit from their forefathers like the ceremonies and rituals for:

• Pang – ibabasok Agricultural Law
• Pamulalakaw Fishing law
• Ayeyekese - Poultry law
• Pamumulig/ lalawag Piggery law
• Panayangan Honeybee collection law
• Magomanay Inlibon Forestry law
• Samayaan
• Kaligaan
• Tagolambong

• Domalongdong

This is in accordance with the Law of Nature which many of our scientific minded people refused to accept.
b. To prove that in attaining the Natural Resources of the Mountains the Tribe’s Systems of Rituals, Ceremonies and Practices must be obeyed and followed to enhance/provide alternative in solving the
economic situation of the country.
c. To strengthen the ties between Manobo tribes with more or less 32 languages through meetings and symposiums, seminars, domalongdong and tagolambong..
d. Establishing council like Supreme Tribal Council to protect the tribes people from rampant discrimination and defend the Ancestral lands from too much exploitation and foreign control.
e. To recognize the power of the Datus, Baes, Baylans and Ingkahiros so that they can exercise their authority professionally to protect and promote their Spiritual existence.
f. To construct buildings like Tulugan, Dawatan, Ompongan, Ganggaban, Higtaban and Bintana for Spiritual gatherings.
g. To provide and construct schools , homes for the aged, nurseries, hospital, laboratories, gymnasiums, recreation halls, sports and club room for material and social awareness.


MISSION

To construct Tribal Justice Halls in the various tribes in Mindanao so that the implementation of the CustomaryLlaws and Traditions be properly executed.

OBJECTIVES

The implementation of the Customary Laws and Traditions and the practices of these tribal rites and ceremonies is to appease the wrath of Mother Nature because it is only the RA 8371 that can cause the stop of the vengeance of Mother Nature, because the Tribal law is the Law of Nature. In effect the Baylans must rise from their silence and govern what is to be governed.



BUDGETARY REQUIREMENTS


We respectfully request for fund or budget that could construct the first Mindanao wide Tribal Hall for the Judiciary System of the Indigenous Peoples in Mindanao.

First, because this is the fist time that the Tribal Judiciary System shall be implemented in full with the existence of the Baylans as Justices.
The Justice Hall shall also bear other offices for the other Departments of the Tribal Governor.


Prayer

We pray that you help our Justice System be fully implemented and be accepted by the many educated and non educated people. That we can govern our people through the use of our own Tribal Judiciary System.We stand for what we know is right for our people. Poverty in the lineage of the Indigenous People is rooted in this country, they have no strong defense at the moment. They scream but they are silenced, they cry for help but doors are closed. We pray that in the name of just one man we can be heard and given the chance to tell the world that we exist, we govern and give justice. Mother Nature nowadays is very angry, just like the many radicals in the street who shouts for justice. Who can appease the roaring thunder of anger of Mother Nature. It is only We. We who practice the Law of Nature. We who dances when we wanted rain, we who dances when we needed sunlight, we who sings when we need good harvest , we who sings for thanksgiving.
Our ancestors longs for that CULTURE to come back and be practiced. It has been proven time and again that too much development leads to destruction, too much richness lead to bankruptcy and too much self confidence leads to failure. Time and again our ancestors longs for our voice as we sing and praise, time and again our ancestors speaks through MOTHER NATURE.
Mother Nature speaks and she can be appeased with the practice of the our culture, the long buried culture, the most forgotten culture. Time to look back.



With sincere hope and aim that we be heard.


DATU HIGYAWAN NA HOLAG-AYAN
TRIBAL GOVERNOR