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Tinglayan IPMR files protest vs provincial, regional NCIP

Writer's picture: Menchie KinaoMenchie Kinao

Updated: May 13, 2021


The First Municipal Indigenous People Mandatory Representative (IPMR) of Tinglayan recently submitted a protest against an alleged irregular selection process and validity of Certificate of Affirmation (COA) proclaiming the pre-selected second IPMR Andy Angdason to take over his office.


The protestant, Hon. Alfonso Banglag Sr., requested probe on the issuance of the COA duly signed on March 30, 2021 by Cordillera Regional Director of National Commission on Indigenous Peoples (NCIP) Marlon Bosantog.


Banglag, in his protest, asserts that his term of office which was supposed to end last February 13 was extended until October 12, 2021 by virtue of Memorandum Circular 599 series of 2020 granting holdover capacity to incumbent IPMRs in accordance to Presidential Proclamation No. 1021 extending the period of State of Calamity throughout the country due to COVID-19.

“I am incumbent. I was extended because of Memorandum Circular 599 of the NCIP signed by NCIP Chairperson Allen Capuyan based on Presidential Proclamation of the President… so I was supposed to holdover until September. I will not accept. I will file a case and will leave it to lawyers to justify,” Banglag said in an interview.


Banglag likewise appealed to Angdason to allow him to finish his term which ends in October this year.


“Kabsat urayem kuma ti term mo. Ket maysa pay, tulungan kan tu, I can help you. Han mo lang nga ikaskasta ta haan ta nga magastoan,’ he said.

Why file a protest?


Banglag is determined to file the case as it is, according to him, a direct insult to himself and IPs he represents.


“Ti kuna da, gapu ti kwarta. Wen kasapulan ti tao ti kwarta but it’s not that. This is an insult to myself ta adda karapatak met su nga ilaban dayta. We fight in papers, not in arms ta Christian tayo met,” Banglag said.


Quoting from his protest, the installation of Angdason as the second municipal IPMR will result to animosity between the Banglag’s tribe, Sumadel, and the Angdason’s tribe, Bangad because it would likely appear to the understanding of the Sumadel tribe that the former was removed from office without due process of law.


“Basta ilaban tayo ti karapatan tayo, win or lose ngem I hope by guidance ni Apo Diyos ta ti ilablaban ko ket requirements santu napintas. Just in case nga maabak tayo, inya ngay ngem haan sa nga maabak because of our rights and privileges. We are following the guidelines and memorandum,” he added.

The Origin of Protest


According to Banglag, he had no knowledge of the affirmation of Angdason. He said he is to assume office since the Tinglayan Local Government Unit with NCIP Kalinga on February 16 convened to extend his term through Resolution No. 17 series of 2021.


He explained that Municipal Mayor Sacrament Gumilab called the members of Sangguniang Bayan of Tinglayan to discuss the affirmation submitted by the Provincial Officer of NCIP Kalinga Office and staff with NCIP Tinglayan on April 19.


After a thorough deliberation and discussion on the matter, the Tinglayan LGU and the Provincial Officer agreed to once and for all settle the issue thereby agreeing to execute a joint resolution endorsing to the NCIP Regional Office the extension of term of office of Banglag.


Banglag was informed lately that the Certificate of Affirmation of Angdason will not be stayed unless a formal protest for this purpose will be filed as a legal process, therefore submitting instant protest after consulting with lawyers.

Contentions between the MOA and LGU Tinglayan’s resolution


The issuance of the Certificate of Affirmation for Andy Dangpason was anchored on the Memorandum of Agreement (MOA) which pre-selected him as Second Municipal IPMR. The MOA was made evident on the decision of NCIP-CAR in denying the resolution of LGU Tinglayan requesting for concurrence for the extension of Banglag’s term.


“Based on Sections 3 and 18 (d) of the 2018 Revised National IPMR Guidelines as amended by CEB Resolution No. 08-008-2020 which provide for the instances when an IPMR can continue serving in a holdover capacity with the corresponding certificate of holdover authority to be issued by this office, it is very obvious that holdover and the issuance of certificate of holdover authority do not apply in the case of the incumbent municipal IPMR of Tinglayan because his successor was already pre-selected in 2017,”reads the pronouncement of NCIP-CAR.


“Holdover as gleaned from the said sections presupposes that the next IPMR has not been selected at the time of the expiration of the term of the incumbent IPMR. What needs to be done in the instant case of the Municipal IPMR of Tinglayan is the enforcement in good faith of what has been agreed upon on December 27, 2017,” it added.

Three issues sought by the protest


The first issue argues that the manner of selection of Angdason is Contrary to the Section 3.1h and Section 5 and 6 of Local Guidelines stating the seven IPMRs and contender for Municipal IPMR must choose among themselves who shall sit thru consensus as a preferred manner of selection.


The second issue states the COA for Angdason is not valid due to lack of basis. The protest explained that the MOA contradicts the law, public order and policy. It does not bind all the IP sub-tribes of Tinglayan either, making it invalid and therefore has no force and effect which makes the COA null and void.


The third issue cites the said Memorandum Circular and Resolution No. 08-008-2020 granting automatic holdover capacity of Banglag.


Note: This is a developing story. The NCIP's side shall be published in a separate article.


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