THE NATIONAL Commission on Indigenous Peoples (NCIP) XI said IP leaders involved in illegal quarrying protection can’t expect protection and support from the agency.
NCIP XI regional director Atty. Geroncio Aguio told reporters that, if guilty, these IP leaders are violating the free prior and informed consent (FPIC) requirement as stipulated in the NCIP Administrative Order No. 3 Series of 2012.
“Akong gina-awhag ang mga IP leaders nga ayaw og sulod sa mga activities nga supak sa balaod, (I urge IP leaers not to enter activities that violate the law) kay definitely there will be penalties. Kung ma-penalize mo, you cannot expect NCIP to defend you kasi nga you are violating the law, so definitely you have to comply with the law,” Aguio stressed.
Aguio’s warning came on the heels of the arrest on Tuesday of 13 individuals for alleged illegal quarrying in Barangay Tamugan, Marilog District.
Aguio added that some IP leaders might have benefitted from the illegal activity while leaving their community behind.
“Among gi-encourage ang mga IP kay usahay naay mga leaders didto mo-negotiate ang mga illegal operators, siya ang ma-buhong, dili ang community (Sometimes IP leaders negotiate directly with the illegal operators and they earn generously, not the community),” he said.
The lawyer added the quarrying activity is under the permitting authority of the Department of Environment and Natural Resources, the local government unit, and the IP for ownership. So, securing a permit will benefit the tribe and the LGU by collecting appropriate taxes and dues.
“Kung walay permit, ma deprive sila kay di man mokuha og FPIC, sa atoa pa, dili mananghid, kung dili mananghid walay kontrata. Kung walay kontrata, walay income (If there’s no permit, they can’t secure the FPIC. If they don’t seek permission, there’s no contract. If there’s no contract, there’s no income),” Aguio added.
The FPIC, provided in the Indigenous Peoples Rights Act (IPRA), is a measure that prevents the abuse of resources within the ancestral domain of the IPs. It also allows the tribes to chart their own future by negotiating with companies and considering investments that would benefit the community.
Aguio said they are coordinating with the National Bureau of Investigation to run after violators, including barangay officials allegedly facilitating the sale of lands within ancestral domains.
