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Mindanao Pagadian Frontline
PAGADIAN
CITY, Zamboanga del Sur (Oct. 18, 2014-MPF News) --- The Office of Empowerment
and Human Rights of National Commission on Indigenous Peoples (OEHR-NCIP) had
cited Local Government Unit of Pagadian City of violation in the Indigenous
Peoples’ (IPs) Rights following the allegedly illegal removal of IPs Mandatory
Representatives (IPMR) in the City Council.
Timuay Lingating |
Wong also
mandated that the issue shall be elevated to the Central office for further
action if the Pagadian City Council refuses to re-instate the IPMR.
The OEHR
after having compiled and reviewed the documents relative to the case of
Recall/Removal of lP Mandatory Representative Timuay Lingating from the City
Council of Pagadian City can't be given weight and is hereby declared
insufficient ground to recall.
It all started on July 1, 2013 with three complaint letters from Safaron Donde, Muslim Sector; Marcelo A. Alviola, Tribal leader and Ernesto M. Mong, Punong Barangay addressed to the City Vice Mayor Divina Grace C. Yu questioning the appointment of Mr. Lingating as IPMR without due process, no consultation and selection done.
The
reason provided by the Vice Mayor in her letter March 26, 2014 to the DILG
Regional Director has nothing to do with the complaints on “process of
selection", however legal remedies is needed on the following issues to
support the recommendation for the immediate reinstatement of the IPMR:
The first
reason, Is the failure of the 10th and 11th Council to legislate a law creating
the office of the IPMR as ex-officio member a basis of the recall of the IPMR?
The OEHR said, the failure of the Council is the violation of the provision of
IPRA and the removal of the IPMR because of their failure is another violation
of the IP Rights.
Second, the
reason of the exclusion also mentioned another failure of the City Council to
refer the issue to the concerned committee for deliberation and evaluation. Is
the IPMR subject to deliberation and evaluation of a committee? NCIP issued a
Certificate of Affirmation (COA) which means that the process of selection is
followed. The DlLG issued a Certificate of Recognition (COR) recognizing that
everything is in order. Are the COA and COR also subject to deliberation and evaluation
of the City Council Committee?
Third, the
reason for exclusion says that the endorsement of Mr. Lingating as IPMR was not
proper due to the absence of supporting documents. The City Council is
questioning the issuance of COA.
The OEHR said
based on the documents specifically on the Fact-Finding Report and the letter
of Regional Director Wong addressed to Marcelino A. Alviola, et. al. (the
complainants) dated September 15,2014, the director concluded to quote "…the
affidavit of withdrawal of endorsement/recall executed by the lPs of Pagadian
City can't be given weight and is hereby declared insufficient ground to recall
IPMR Rio Olimpio A. Lingating."
Director
Wong continued on the last paragraph of the same letter to quote "lt is
highly recommended that whatever action of the lCCs/lPs of Pagadian City
pertaining to the issue on IPMR, the same should first be brought to the
lCCs/lPs elders/leaders for Consensus Building in accordance with what is the
customary laws and practices of the tribe." Based on the above, the
undersigned believes that the issue of IPMR recall/removal is resolved.
The NCIP
Legal Affairs Office (LAO) shall issue an Opinion on the three items mentioned
above to consider DILG Opinions and Advisories on IPMR issues and copies to be furnished
to all concerned, the OEHR directives disclosed. (By JONG CADION)
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