CLARK FREEPORT -- Leaders of different Aeta tribal communities in Mabalacat City in Pampanga and Bamban town in Tarlac have bared plans to file criminal and administrative charges against Clark Development Corporation (CDC) for allegedly disregarding the Ancestral Domain Law.
This was disclosed on Tuesday by Juvylyn Margarito, spokesperson of the Aeta communities, after a court issued an order directing the proponents of the $2 million sewerage handling and sanitary disposal project in Barangay Calumpang, Mabalacat City to stop constructing the facility.
Margarito said the tribal leaders, who are asserting their right over the ancestral lands, are currently preparing documents needed in the filing of cases before the Office of the Ombudsman against CDC head Arthur Tugade and other officials of the state-owned firm.
“Tugade, representing CDC, continuously ignores the law by claiming our ancestral lands as part of the Freeport area,” Margarito told reporters.
She also claimed that CDC officials also threatened them of lawsuit if they will insist on their claims on ancestral domain.
“Binantaan kami na kakasuhan, hina-harass kami sa aming lupa. Inaalisan na nila kami ng karapatan sa aming lupa, kasi hindi kami puwede magdesisyon sa sariling lupa naming,” Margarito said.
The Aetas also questioned the Joint Management Agreement (JMA) which Maragrito described a “bitter pill to swallow”.
She claimed that the JMA was created in 2007 but was not implemented due to absence of implementing rules and regulations and the Joint Development Council.
“The JMA was conceptualized by CDC, a measure that allows Aeta communities to participate in the management of lands covered by Ancestral Domain law. But with the absence of guidelines and IRR, it cannot be implemented,” Margarito said.
She added that they will file a petition in court asking for the revocation of the agreement.
“Kung tutuusin ang JMA ay sama-samang pamamahala sa pagitan ng CDC at mga tribo ng Aeta naninirahan palibut ng Freeport,” she added.
Margarito clarified that they have nothing against the CDC and are merely fighting for their rights. “We are not against CDC. It is the National Commission on Indigenous People (NCIP) which coordinated with the Freeport management in terms of Aeta welfare issues.”
On April 17, 2009, the Land Registry Authority (LRA) has released the Certificate of Ancestral Domain Title which covers 10,323.3082 hectares of lands.
This is pursuant to Republic Act 8371 An Act to Recognize and Promote he Rights of Indigenous Cultural Communities/Indigenous Peoples Creating the National Commission on Indigenous People.
Margarito claimed that some 3,100 hectares were allegedly “grabbed” from the original 10,684 hectares by CDC and allocated it to tourism-related projects.
Under the law, Aetas has the right to control and manage of the property under the ancestral domain.
But CDC spokesperson Noel Tulabut said that it is out of respect for the IPs and the ancestral domain law or CADT that the CDC is enforcing the rules and provisions of the JMA.
"It is precisely out of respect for the IPs and the ancestral domain law or CADT that CDC is enforcing the rules and provisions of the JMA for the protection of IPs and their ancestral domain, the area being located within the CSEZ which is under the jurisdiction of CDC. The JMA is valid and in fact annotated in the CADT. The CADT is in the name of Tribong Ayta and may not be sold, transferred or disposed," he said.
"The JMA, which authorizes CDC to manage CADT area in CSEZ, is still in effect not to favor CDC but IPs and their rights to their lands," added Tulabut.