City IPMR Bobby Lingating Survived in Ambush

City IPMR Rio Olimpio "Bobby" Lingating

By JONG CADION 

PAGADIAN CITY – Pagadian City Police Operatives are now facing on the blank wall but still conducting a depth investigation in order to determine the motive of the incident and further identify the fleeing suspects following the allegedly ambush incident on Wednesday July 10, 2013 at 4:00 o’clock dawn in Purok Curbada, Barangay Dao, Pagadian City.

In the initial police investigation disclosed, the victim identified as Rio Olimpio Lingating y Atiga also known as “Bobby”, 47 years old is the brother of former chair of National Commission on Indigenous People, Ruben Lingating. He is also a member of the local Subanen tribal Leader as “Timoay Langhap” in Pagadian City and was appointed as Indigenous People Mandatory Representative (IPMR) in 10^th City Council before May election.

“Our operatives cannot recover any physical evidences from the crime scene like empty shells from the firearms used by the suspects. But, we are very optimistic that we can resolve the case after some laboratory examination conducted, thanks that no one get hurts,” Police Superintendent Alikhan Abas Yusop, newly assumed OIC Chief of Police of Pagadian City Police Station.

Bobby while on board his Strada Mitsubishi vehicle driven by Trifil Jay Macarial, 22 years old and at about to merge the main road when unidentified suspects shot them several times. Bobby was not hit while the driver suffered minor injuries due to broken wind shield, police reports said.

“I am really the target of the suspects who was already posting at the Bamboo Furniture Shop beside the road waiting for us to pass by. Fortunately, when the suspects open fire towards us inside our vehicle that inclined going to their area and bumped the post of the said shop,” Bobby disclosed.

“Ang MAGBABAYA sa mga Subano dili mosugot nga mamatay ang “Timoay Langhap” kay wala pa nahuman ang akong mission ug ang mga salaud 100% maigo ra sa gaba gikan sa mga Subano,” (The God of Subanen will not agree that I will die because my mission is not yet accomplish and those responsible of ambush will be 100% hit by the curse from the Subanen tribe) Bobby Lingating said in an interview.

Strada vehicle of Bobby Lingating with traces of

Gunshots (Photo by Jong Cadion)

Strada vehicle of Bobby Lingating with traces of

Gunshots (Photo by Jong Cadion)

Neighborhoods observation

We were able to wake up together with my family members after we heard loud of 3 consecutive series of gun burst. We decided only to come out from our house after our neighbors shouting for help after the gun burst, an old man said who requested to disclose his identity.

Suspects believed hiding at the Bamboo furniture Shop as some unfinished bamboo chairs were arranged with curtain where they can partially hide. One of the shop workers said who also recovered slippers and scarf believed to be owned and abandoned by the suspects.

Possible Motive

IPMR Lingating also cited two angles why he was ambushed, one is politics and the second is regarding his action against all forms of mining operations within the ancestral domain of the Subanen Tribe.

Only 7 out of 54 Barangays were dominated by the Subanen; these are the Barangays of Lison Valley, Lower Sibatang, Diborok, La Suerte, Dampalan, Lourdes and Ditoray that had a total land area of more of less 15 thousand hectares ancestral domain.

On March 11, 2013 the Subanen Gataw Taasan Association Incorporated represented by Danilo C. Balives, Carlito V. Dalangon and Patricia Albaira  thru IPMR Lingating filed a case to the NCIP Regional Hearing Office IX for Violation of Section 10 in relation to Sections 7 (e), 72 and 73 of Republic Act 8371 with (Prayer for) Preliminary Injunction and Damages  against JRF Small Scale Mining represented by its Operator and Manager, Junji R. Fuente and Zamboanga del Sur Provincial Mining and Regulatory Board, represented b y Governor Antonio Cerilles, its chairman.

The said association is the owner, claimant and possessor of an Ancestral Domain located at Midsalip, Zamboanga del Sur containing an area of 24 thousand hectares more or less covering of at least 25 Barangays .

Just last June 4, 2013, the premises considered by NCIP Pairing Regional Hearing officer Sulpicio G. Gamosa, Jr. and rendered partial Judgment enjoining respondent JRF Small Scale Mining, and any or all persons acting on its behalf from continuing its operations in the said area unless it is able to secure the Certification Precondition (CP) from the NCIP or the Free and Prior Informed Consent (FPIC) of the Subanen IC/IP Community of Midalip, Zamboanga del Sur as the case maybe.

Last April 30, 2013, the same decision with Temporary Restraining Order (TRO) was issued by the said Hearing Officer on the case filed by Dangen Subanen Gasal, Gukum de Bayog, Zamboanga del Sur, represented by Timuay Alfredo Dingal against Francisco M. Bernardo III and Provincial Mining and Regulatory Board, represented by its Chairman Gov. Antonio Cerilles.   

Before the Incident

During the first regular session of the 11^th City Council or Sangguniang Panglungsod, IPMR Lingating was not included in the calling of the roll of the members of the council, the seat of the IPMR was removed from the plenary and was not allowed to attend the session.

It was learned that on the 2^nd regular session of the 11^th City Council, a day before the ambush incident, Majority Floor Leader Atty. Teodoro Quicoy personally put into motion for the recognition of IPMR Lingating as member of the council based on the previous resolution SP Resolution No. 2013-0846 sponsored by Councilor Arnold R. Gavenia. 

An objection was raised by City Councilor Ernesto Mondarte question the legality of Bobby Lingating representation as IPs in the City Council. During the deliberations, Councilor Mondarte cited 3 official letters address to City Vice Mayor Divina Grace C. Yu from two Subanen Tribal Leader dated July 1, 2013 signed by Ernesto M. Mong and Marcelo Aviola both from Barangay Diborok and one from Safaron L. Donde representing the Muslim Sector of Brgy. Tawagan Sur. The said three letters were objecting the appointment of IPMR Lingating as ex-officio member of the 11^th City Council.

After a thorough consideration and deliberation, a division of the house was called and the body decided to cast their votes thru secret balloting with 5-6 votes in favor of not recognizing the IPs representation in the 11^th City Council.

From the NCIP

National Commission on Indigenous People (NCIP) Region 9 Officer In charge

Regional Director Roberto Bancela said that IPMR in the Sangguniang Panglungsod or in the Sangguniang Panlalawigan was implemented under the IPRA Law of 1997 or Republic Act 8371 and the appointment of Bobby Lingating is in order based in the guidelines.

NCIP Record shows that as of press time no official document reaches the office recalling Lingating’s appointment as IPMR. “The appointment of Bobby Lingating is good for 3 years from the assumption of office. But, can be recalled anytime thru Tribal Assembly,” Bancela disclosed.

The NCIP Legal Division has yet to investigate and did not comment on the issue when asked about their legal opinion on the letter inquiry of IPMR Lingating regarding the 11^th City Council decision.

Action

It was also learned that IPMR Rio Olimpio “Bobby”Lingating requesting an immediate antirecession from the office of NCIP and DILG for invoking the authority and mandate of the NCIP to enjoin any and all acts committed in violation of the rights of the IPs duly recognized under the IPRA Law.