IP RIGHTS TO SELF-DETERMINATION UPHELD THROUGH CUSTUMARY PRACTICE OF ‘PAMIMIHABI-HABI’

Porac, Pampanga – The Ayta Mag-indi and Ayta Mag-antsi Indigenous Cultural Communities/Indigenous Peoples of CADT 123 met with the proprietor and management team of Puning Hotspring and Restaurant in a ‘pamimihabi-habi’ (dialogue meeting) to resolved conflicts and burning issues surrounding the latter’s operations. The ‘pamimihabi-habi’ was ushered today by the National Commission on Indigenous Peoples Region 3, NCIP Pampanga Community Service Center, the Municipal Local Government Unit of Porac, and the Office of Pampanga 2nd District Representative Gloria Macapagal Arroyo.

The meeting called for the judicious review of the Memorandum of Agreement (MOA) entered into by the ICCs/IPs with Puning way back 2009 in order to appraise the compliance to the terms and conditions set forth in the MOA.

After undergoing the Free, Prior, and Informed Consent (FPIC) processes, Puning Hotspring and Restaurant was issued a Certification Precondition for its operations. However, after several complaints have been filed before the NCIP, the parties decided to resolve the issues by reviewing the MOA and implement concrete actions thereafter including (1) conduct of joint relocation survey to determine any areas used by the Puning that are not included in the original agreement, (2) renegotiate several provisions of the MOA in favor of all parties, and (3) formulation of a Community Royalty Management and Development Plan (CRMDP) to guide the ICCs/IPs in the use of the royalties received from Puning.

The Porac LGU was led by no less than its Local Chief Executive Hon. Jaime Capil while the NCIP was led by Acting Regional Director Atty. Roman Antonio. The Office of Congressman Arroyo was represented by Ms. Noemi Lintag. Puning group was led by its proprietor Ms. Carmencita Kim while the ICCs/IPs was represented by Municipal IPMR Edwin Abuque, Inararo Punong Barangay Benzon King, and MILKAPA IPO Chairperson Roman King.

Pursuant to Section 38 of the NCIP Administrative Order No. 3, Series of 2012, also known as “The Revised Guidelines on Free, Prior, and Informed Consent (FPIC) and Related Processes of 2012, any person or party who willfully violates or fails to comply with his duty or obligation under the provisions of the MOA may be held liable in accordance with the customary laws and practices (pamimihabi-habi) of the Ayta Mag-indi and Ayta Mag-antsi ICC/IPs and sanctions may be imposed in accordance therewith, provided, that the sanctions are not excessive, cruel and degrading, and without prejudice to the exhaustion of conciliation and mediation efforts by the NCIP, and the exercise of the latter’s visitorial and injunctive powers.
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