Lawyer suggests to fine tune tribal court creation

KIDAPAWAN CITY – A lawyer working for the indigenous peoples (IP) in Central Mindanao has lauded the legislation that seeks to establish a tribal court in Kidapawan City, but highly suggested to fine tune it as some of the terms used might be deemed, “unconstitutional”.

Lawyer Adolf Lantion, hearing officer for the National Commission on Indigenous Peoples (NCIP) in Soccsksargen (Region 12), said the ordinance passed early June this year by the City Council used terms like, “court”, “appointment of judge”, and “exclusive jurisdiction”.

These terms, he explained, have ordinary meanings, which could stir some confusion or misperception.

For one, Lantion said, the ordinance used the words, “exclusive jurisdiction” to describe the Ovu-Manobo tribal court that would be established in the city.

Lantion said he used as basis some of the provisions in the Indigenous Peoples’ Rights Act (Ipra) when they submitted their opinion on the issue at the Sangguniang Panlalawigan ng Cotabato.

The provincial council sought NCIP’s institutional opinion as to how they would view the ordinance crafted by the Kidapawan City Council.

The ordinance was submitted to the provincial council on July 2.

Mayor Joseph Evangelista has earlier vetoed the ordinance saying it contradicts Ipra, which is a national law.

The Council, however, overruled Evangelista’s veto and submitted instead such legislation to the Sangguniang Panlalawigan for review.

"When you use the words, ‘exclusive jurisdiction… these are legal terms. Kinakabahan na kami rito. Sa totoo lang, hindi dapat “exclusive jurisdiction” ang pinag-uusapan sa pagtatayo ng tribal court. It’s just a requirement lang na kailangang dumaan sa Katarungang Pambarangay para sa mga kaso where both parties or the complainant and the respondent, are living in one barangay,” Lantion said.