Atty. Comafay joins FPIC Watch to protect Tabuk IP rights amid development pressures

BAGUIO CITY, Philippines – Tabuk City Councilor Atty. Errol Comafay has joined a nationwide Indigenous Peoples' rights watchdog network, bringing the concerns of Tabuk, a city largely composed of Indigenous communities, into efforts to ensure that development projects respect ancestral land rights and the right of communities to give or withhold consent.

Comafay represented the Cordillera Legal Assistance Society, Inc. (CLAS) during the formal launching of FPIC Watch–Philippines in Baguio City on November 6, following a two-day gathering of around 40 Indigenous Peoples' organizations, legal and academic institutions, human rights advocates, civil society groups and media organizations.

His participation is significant for Tabuk City and Kalinga, where development initiatives involving land, natural resources and infrastructure must consider the rights, customary laws and collective interests of Indigenous communities.

As a member of the network, Comafay joins legal and Indigenous rights advocates in monitoring the implementation of Free, Prior and Informed Consent (FPIC), documenting alleged violations and providing legal and technical assistance to communities whose ancestral domains may be affected by development projects.

The need for such protection was highlighted during the gathering through accounts of Indigenous communities from different parts of the country who questioned whether existing FPIC procedures genuinely protect their right to decide what happens to their ancestral lands.

In separate Facebook posts on November 5 and 6, Comafay shared accounts from Indigenous participants, including a Molbog representative from Balabac Island, Palawan, who alleged that their ancestral domain had been identified as a site for military facilities under the Enhanced Defense Cooperation Agreement (EDCA) without proper consultation and consent from the community.

The participant maintained that the Molbog people had the right to oppose the project because the island is their ancestral domain.

An Aeta participant from Central Luzon also expressed concern that, despite the protection promised by FPIC, the process had not prevented the community from experiencing repeated displacement.

The participant alleged that soldiers were deployed whenever community members resisted their removal from their lands and criticized the National Commission on Indigenous Peoples (NCIP) for failing to provide adequate assistance.

These accounts underscored concerns over the implementation of FPIC and the need for independent monitoring to ensure that Indigenous communities are not pressured or deprived of their right to make informed decisions.

Protecting Kalinga's ancestral domains

The formation of FPIC Watch comes as the NCIP implements its revised FPIC guidelines under Administrative Order No. 3, Series of 2026, which took effect on October 14.

While the NCIP said the revisions aim to improve transparency and safeguards, Indigenous rights advocates have raised concerns that some provisions could limit community participation and shorten the time available for customary decision-making.

Lawyer Raymond “Ice” Baguilat of the University of the Philippines Institute of Human Rights – Indigenous Peoples Law and Policy Program, one of the network's initial convenors, said FPIC Watch would seek appropriate interim measures to address these concerns.

He clarified that the network does not intend to stop the implementation of the revised guidelines but seeks to ensure that they uphold Indigenous rights and remain consistent with the Indigenous Peoples' Rights Act (IPRA).

Under Republic Act No. 8371, or the IPRA of 1997, Indigenous communities have the right to give or withhold consent to projects and activities that may affect their ancestral domains, resources and customary rights.

For Kalinga, where ancestral domain ownership and customary institutions remain important in community life, the protection of this right is particularly relevant as government and private development initiatives move forward.

The FPIC process ensures that Indigenous communities are consulted before projects affecting their ancestral territories proceed, with decisions made freely, without coercion, and in accordance with their customary laws and practices.

Through his participation in FPIC Watch, Comafay joins a broader effort to ensure that development does not override the rights of Indigenous communities and that their voices remain central in decisions involving their ancestral lands.