THE National Commission on Indigenous Peoples-Davao Region (NCIP-Davao) clarified it will not provide any legal protection to those IP leaders engaged in illegal quarrying and other activities that violate the Indigenous Peoples' Rights Act (Ipra) of 1997.
NCIP-Davao regional director lawyer Geroncio Aguio said in an ambush interview that if found guilty, involved IP leaders are breaking the free prior and informed consent (FPIC) provision outlined in NCIP Administrative Order No. 3 Series of 2012.
“Sa mga na-involve sa illegal quarrying, part sa Ipra is for us to obey the law, since there is a violation of the law, you have to suffer the consequences kung madakpan mo. So, akoang gina-awhag ang mga leaders na ayaw mo’g supak sa balaod or mga activity. You cannot expect the NCIP will defend you (For those involved in the illegal quarrying, part of Ipra is for us to obey the law. Since there is a violation of the law, you have to suffer the consequences once you are caught. So, I urge the leaders not to go against the law or activities. You cannot expect the NCIP to defend you),” Aguio, also a human rights and cultural defender, told Davao reporters at the sidelines of the 1st Mindanao Payment for Ecosystem Services (PES) Conference last November 20, 2024.
Aguio also said that only chieftains or leaders can profit from illegal quarrying, which frequently results in the devastation of areas that IPs have historically owned or occupied.
“Among gi-encourage ang mga IP kay usahay naay mga leaders didto mo-negotiate ang mga illegal operators, siya ang mabuhong, dili ang community (Sometimes IP leaders negotiate directly with the illegal operators and they earn generously, not the community),” he added.
The lawyer explained that obtaining a permit would help the tribe and the local government unit (LGU) by collecting proper taxes and dues. Currently, quarrying activities are subject to the permitting authority of the Department of Environment and Natural Resources (DENR), the LGU, and the IP for ownership.
“Kung walay permit, ma-deprive sila kay di man mokuha og FPIC, sa atoa pa, dili mananghid, kung dili mananghid walay kontrata. Kung walay kontrata, walay income (If there’s no permit, they can’t secure the FPIC. If they don’t seek permission, there’s no contract. If there’s no contract, there’s no income),” Aguio explained.
The IPRA law, also known as Republic Act No. 8371, contains the FPIC, a measure that stops resource misuse inside the IPs' ancestral area. Additionally, it gives the tribes the capability to choose what they want by negotiating with businesses and taking community-benefitting investments into consideration.
Aguio said that they are working with the National Bureau of Investigation (NBI) to track down those who are committing violations, such as barangay officials who are suspected of helping to sell off land inside ancestral domains.
According to the official, he was alarmed after 13 individuals were apprehended last November 18 for their alleged involvement in illegal quarrying operations near the Tamugan River in Marilog District which is a protected natural resource in Davao. DEF