Bukidnon governor faces backlash from province’s 7 tribes after veto of IP code - RAPPLER

Franck Dick Rosete

Bukidnon governor faces backlash from province’s 7 tribes after veto of IP code

Bukidnon Governor Rogelio Neil Roque says he vetoed the contentious ordinance because some of its provisions were unconstitutional

CAGAYAN DE ORO, Philippines – Indigenous peoples’ groups were outraged and have threatened to declare Bukidnon Governor Rogelio Neil Roque persona non grata following his controversial veto of a provincial ordinance that they said would have empowered, protected, and advanced the rights of IP communities in the province.

Roque said on Monday, August 5, that he vetoed Ordinance No. 052-2024, otherwise known as the Comprehensive Indigenous Peoples Welfare and Development Code of Bukidnon, because several of its provisions were seen to be unconstitutional.

But leaders of the seven tribes of Bukidnon rejected Roque’s reason, saying the governor had promised them the IP code. They also expressed frustration given their “sacrifices” and contribution in the crafting of the ordinance.

Datu Migketay Victorino Saway, leader of Bukidnon’s Provincial Tribal Council, said they were holding Roque accountable for giving the province’s seven tribes – Bukidnon, Higaonon, Talaandig, Manobo, Matigsalug, Tigwahanon, and Umayamnon – false hope.

In a July 30 letter to the Bukidnon provincial board, Roque said there were 18 provisions in the ordinance it approved that needed to be clarified, and were inconsistent with the national laws and government policies. 

Among the cited provisions are the respect for indigenous customary systems for dispute resolution, the right of the Council of Elders to create their governance system, designating an IP representative in every government body, and the need for the provincial government to adopt and respect customary laws governing property rights.

Provisions also included a 5% quota for hiring IP members in law enforcement agencies and the Department of Education (DepEd), and allocating 3% to 5% of the National Tax Allotment for implementing the IP Code.

Constitutional issues

Arbie Saway Llesis, Bukidnon’s IP mandatory representative (IPMR) to the provincial board, said Roque’s veto was unnecessary because the concerns he raised could be addressed in the ordinance’s implementing rules and regulations (IRR).

Roque, however, said the issues surrounding several provisions of the ordinance would not be resolved in the IRR.

“Since some legal boundaries and constitutional principles are unfortunately violated with the current version of the IP code, it is, therefore, my duty to veto the same,” Roque said during his State of the Province Address on Monday.

Two days earlier, Llesis, the main author of the contentious ordinance, along with leaders of various Bukidnon tribes met in Lantapan town where they agreed to subject Roque to their traditional “sala,” a customary way of IPs in resolving conflicts and disagreements.

Llesis told a news conference that if efforts to reconcile their differences with Roque failed, the governor would likely be declared persona non grata by the province’s seven tribes. 

Other IP leaders threatened that they would boycott Bukidnon’s biggest and grandest annual festival, the Kaamulan, and withdraw their support from the provincial government within their ancestral domains.

“How can you ‘sala’ a mayor who has a mandate? You cannot [do this to] an elected official because he was working, he was signing, and his signature is his mandate as a mayor, a barangay captain, and a governor,” Roque said.

‘No rush’

Roque said the provincial government has not abandoned efforts to institutionalize an IP code even as he directed a technical working group to consult various stakeholders to refine and produce an acceptable version of the ordinance.

In his Monday address, Roque emphasized his commitment to the welfare and development of IP communities in the province, and reiterated his support for the IP Code’s eventual passage.

He acknowledged efforts made to draft the vetoed ordinance but stressed the importance of not rushing such a critical piece of legislation. 

“Something as important as the IP Code must not be rushed. It is perhaps one of the most important landmark legislatures to come,” Roque said. 

He added, “I was the one who specifically requested for an IP Code. I wanted the codification of customary laws since it is the right step in the right direction for our fellow indigenous peoples” to formalize and protect the rights and customs of Bukidnon’s indigenous communities.

He said concerns and inconsistencies in the ordinance, however, were noted by the provincial government’s executive department upon review. 

Roque said the ordinance, in its current form, “lacks clarity, with some portions inconsistent with existing laws and national issuances, and some provisions unenforceable.” 

He said his veto should not be taken as a signal to end efforts to come up with an IP code for Bukidnon. – Rappler.com

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