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NCIP says new IPMR has to be elected

THE National Commission of Indigenous Peoples (NCIP 11) insists that another Indigenous Peoples Mandatory Representative (IPMR) in the Davao City Council has to be elected as the representative-elect does not qualify.

This was NCIP 11's response to the City Council resolution urging them to issue a Certificate of Affirmation (CA) to IPMR-elect Cherry Ann Ortiz-Codilla of the Bagobo-Klata.

“NCIP will conduct a new selection process and execute appropriate measure in order to avoid further hiatus,” lawyer Geroncio P. Aguio, NCIP 11 regional director, said in a letter addressed to Davao City Vice Mayor Bernard Al-ag dated July 2, 2018.

In the letter, Aguio said NCIP 11 will remain steadfast on its decision to not issue a CA to Codilla claiming that the commission was only adhering to the IPMR national guidelines.

“We could not allow or bend or circumvent rules to suit a person or an individual, otherwise, we will be setting a dangerous precedence wherein rules and laws are for mere convenience, subject to different application depending upon individual desires and opportune,” he said.

Last month, the City Council filed a Resolution No. 02126-18, series of 2018 Urging the National Commission on Indigenous People (NCIP) 11 to recognize the mandate during the selection process of Codilla and to issue the CA within 15 days.

“Much to our desire to accommodate said resolution, however, in doing so, we will be violating guidelines duly promulgated by the community pursuant to NCIP Administrative order No. 001 series of 2009 otherwise known as the IPMR National guidelines,” Aguio said.

He reiterated that they will abide with the rules and regulation as provided in the Bagobo-Klata Local Guidelines in the selection of IMPR which provides that the selected IPMR must have at least 25 percent BagoboKlata by blood or consanguinity to determine her eligibility, however, Aguio underscored that Codilla is not qualified.

For her part, Codilla said they expected that NCIP 11 will not honor the council's resolution on giving her the CA, which is a requirement before she takes oath to become the officials IPMR.

Last week, they have filed a case of Writ of Mandamus before the court against the NCIP regional director.

Contrary to the statement of the NCIP about her failure to possess the genealogy minimum mandatory requirement, Codilla maintained that she passed the IP blood qualification.

"I am 100% sure that I have 25% Bagobo Klata blood since my grandfather has 100%. Our elders are still alive to testify on it. Even our neighbor barangays can testify. They just don't acknowledge our side," Codilla said.

Since March 30, when Bai Halila Sudagar left her position, the IPMR position remains vacant with no representatives during the City Council. This caused problems like apprehensions on the approval of some ordinances as the city councilors fear that some of the ordinances may step on the IP rights.

Despite the delays, Aguio thanked the City Council for its concern on the IPs in the past legislations directed towards uplifting the Indigenous Cultural Communities/Indigenous Peoples (ICCS/ IPS) of Davao City through the smooth accommodation of IPMR implementation in the city and barangay level.

“We are very thankful for the eagerness of the City Council to avoid vacuum in the IPMR Seat for the city level, however, the office could not issue a certificate of Affirmation to a person who clearly failed to qualify,” he added.

Meanwhile, Vice Mayor Al-ag, in a press forum yesterday, said they have already done their part in issuing the resolution and all they could do is to wait on NCIP's next move.

“Right now we will just have to wait if what is the final development of this and final action of the NCIP,” Al-ag said.

He also said that Codilla had already filed a case against the NCIP to counter its decision of not issuing CA. JCR