The 18th Davao City Council and members of the Bagobo Klata tribe contested the final decision of the National Commission on Indigenous Peoples (NCIP) to disqualify Bai Cherry Ann Codilla as Indigenous Peoples Mandatory Representative (IPMR) due to lack of genealogical qualification.
NCIP regional director Geroncio Aguio on Tuesday, June 5, presented before the 18th Davao City Council negative results of the revalidation of the genealogy of Cherry Ann Codilla, recently appointed IPMR of the Bagobo Klata Tribe.
Aguio said that based on their Certificate of Ancestral Domain Title (CADT) claimbook basis of genealogical data, they found that the Buisan name was found in Ovu Manovu while the Pandian is found in the Bagobo Tagabawa CADT.
"She has 6.25 percent Bagobo Klata blood, 6.25 percent Bagobo Tagabawa blood, 12.5% Ovu Manovu and 75% non-IP blood," he said, adding that failure to reach 25 percent results in the disqualification for the post according to the local guidelines of NCIP for IPMR.
He also said Codilla lacked five years of service as an active member of the tribe.
Aguio said that aside from the CADT claimbook, another round of interview was conducted with the elders of the tribe triangulating the facts stated in the claimbook.
Several councilors, including Vice Mayor Bernard Al-ag, asked Aguio why they have not done the validation on the genealogy beforehand prior to the declaration.
Aguio said that they relied on the "honesty" of the tribe member and that they did not receive genealogical record for scrutiny and support when the initial validation prior to the selection process was conducted.
Councilor Danilyo Dayanghirang asked what the implications would be if the council would not accept the decision of NCIP. Aguio said that if the council insists on approving a seat of NCIP, they may face problems with the Commission on Audit.
Aguio said that the issuance of COA is required by law before any IPMR is seated and they have handled almost more than 1,000 IPMR appointments and each was properly dealt and validated well.
Aguio said that it is a form of check and balance that they validate the records of an IPMR in the regional level.
Davao City Councilor Bonifacio Militar also asked Aguio whether the body would be violating any provision if they decide to approve the new IPMR.
"Oath taking of IPMR will only be done on the issuance of (Certificate of) Affirmation (COA). If there is no COA, any oath taking is a violation," was Aguio's reply.
The NCIP has refused to issue a Certificate of Affirmation to Codilla.
Aguio said that the council is bound by the rules, and their decision must be in line with it.
But Militar furthered that Aguio's belief on the law is not anchored on legal matters because it is only based on his belief.
"We are anchoring our stand on the local authority given to us by law and once we decide we will go ahead," Militar said.
As to the veracity of those tribal members who said that Codilla is not of Bagobo Klata tribe, Councilor Diosdado Mahipus asked lawyer Rolly Polotano, office-in-charge of the legal office of NCIP-11 validation, whether the statements of the tribal members they have interviewed were under oath.
Polotano said that it was documented and with affixed signature.
Meanwhile, while the NCIP insists on the findings of their claimbook, the Bagobo-Klata tribe represented before the council yesterday by Lolita Tecson, tribal chieftain of the Biao Gianga, said that they consider their decision on their new IPMR done, she thinks that the disqualification shows lack of respect to the decision of their tribe, adding that the results of the validation of NCIP is hard to accept because majority of the Bagobo-Klata tribe voted for Codilla on the post.
Meanwhile, Codilla herself said that her disqualification is not righteous since she has already been proclaimed.
She insisted that she was validated already by the NCIP prior to the selection process, back then when she was a member of the tribal council or the Talaukom she was also validated by the same agency and passed as 25 percent Bagobo Klata. She also said that she had been an NCIP scholar and she already validated her tribe as Bagobo-Klata, stating that her name appeared in only one tribal group.
She said that if an amendment of the reducing local guidelines of 25 percent is necessary, then the tribe will do so, but this means the delay of projects of her office.
Hearing both sides of the NCIP and the Bagobo-Klata tribe, Davao City Councilor Jesus Joseph Zozobrado made a motion urging the NCIP to issue the COA within fifteen days.
Aguio, in an interview with media after the session, said that they will have to respond to the resolution but they are firm on their findings and they are eyeing to conduct another selection process for the IPMR.
He added that as to the plan of the tribal council to amend the local guidelines, it cannot be amended if it is not used, and it cannot be adjusted to fit to one's or a group's personal interest.
Codilla, in a separate interview, said she is willing to contest NCIP's decision saying that she had already passed additional documents and her genealogy to NCIP.
She said amid all these hurdles on her appointment she is firm in her belief that she is just being tested.
When she learned what Aguio said about the amendments of local guidelines, she said that this is the political bias of the NCIP.
