INDIGENOUS PEOLE MANDATORY REPRESENTATIVE

Mars Monato

Basis of Representation 1. RA 8371 IPRA Section 16. Right to Participate in Decision -Making. -

ICCs/IPs have the right to participate fully, if they so choose, at all levels of decision-making in matters which may affect their rights, lives and destinies through procedures determined by them as well as to maintain and develop their own indigenous political structures.

Consequently, the State shall ensure that the ICCs/IPs shall be given mandatory representation in policy-making bodies and other local legislative councils.

2. Section 5, Title I, Preliminary Provisions, NCIP AO No. 001, s.,2009

SECTION 5. Coverage. All ICCs/IPs residing within the ancestral domains and/or resettled communities within the political jurisdiction or boundaries of concerned LGUs may be represented in the local legislative councils of the LGUs exercising jurisdiction over the area.

However, in cases where an ancestral domain or resettled community is overlapped by two (2) or more political boundaries of LGUs, only the members of the ICCs/IPs whose residence are covered by the concerned LGU may take part in the selection of IPs mandatory representative for the said LGU.

Who may be an IPMR?Qualifications:

(NCIP AO No. 001, s.,2009)SECTION 9. Minimum Qualifications. The following shall be the minimum requirements for one to qualify as ICCs/IPs representative in the local legislative councils:

a. The IP representative must be a natural born Filipino citizen;

b. He/She must be a registered voter in the barangay, municipality, city, province, or district where he/she intends to assume office;

c. He/She must be a bona fide IP by blood or consanguinity, an acknowledged leader of the ICCs/IPs of which he/she is a member, and has continuously engaged in ICCs/IPs undertakings setting up a track record of services for ICCs/IPs in a given LGU as certified by the NCIP;

d. He/She must be able to read and write; and,

e. He/She must be knowledgeable of and practices the customary ways of ICCs/IPs of which he/she is a member.

Disqualifications:

SECTION 10. Disqualifications. Any person suffering from or characterized by any one of the following circumstances shall not be eligible to represent the ICCs/IPs:

a. Convicted by final judgment by the council of elders of concerned ICCs/IPs for violating their customs and traditions;

b. Sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment, within two (2) years after serving sentence;

c. Removed from office as a result of administrative case;

d. Convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines;

e. Possession of dual citizenship;

f. Fugitive from justice, inside or outside the country;

g. Permanent resident in a foreign country or has acquired the right to reside abroad and continues to avail of the same right; and,

h. Insane or feeble-minded based on the findings of competent authorities.

Selection and Assumption(NCIP AO No. 001, s.,2009)

SECTION 12. Selection and Assumption to Office. The selection of the particular ICC/IP representative to the local legislative council shall be in accordance with the Local Guideline that the concerned ICCs/IPs shall adopt and promulgate,

Assumption to Office shall take place as soon as the selection process is formally certified by the concerned NCIP Regional Director, upon recommendation of the Provincial or Community Service Center head, as the case may be, to be in accordance with this Administrative Order, and the person chosen takes the appropriate oath before an authorized officer and informs the appropriate body/ies of his/her assumption.

Power Duties and Functions

1. (NCIP AO No. 001, s.,2009)

SECTION 8. Powers, Duties, Functions. The powers, duties and functions of IP mandatory representatives shall be the same as that of the regular members of local legislative councils as provided in the Local Government Code of 1991, otherwise known as RA 7160, and other applicable laws.

2. Section 8 Rule V on Local Guidelines on the Selection of IPMR of Manobo Tribe .

Represent the Katawhang Tribu

Exercise General Supervision

Render Report/Provide information of Representative to Maniga-on

Perform duties and functions as ex-officio member of LGU

Initiate activities/programs beneficial to tribal community

Give priority funding to tribal community out of his 20% discretionary funds.

Keep and observe customs and traditions in the performance of his duties.

POWERS AND FUNCTIONS UNDER RA 7160

CHAPTER 3 - THE PUNONG BARANGAY

SEC. 389. Chief Executive: Powers, Duties, and Functions. - (a) The punong barangay, as the chief executive of the barangay government, shall exercise such powers and perform such duties and functions, as provided by this Code and other laws.

(b) For efficient, effective and economical governance, the purpose of which is the general welfare of the barangay and its inhabitants pursuant to Section 16 of this Code, the punong barangay shall:

(1) Enforce all laws and ordinances which are applicable within the barangay;

(2) Negotiate, enter into, and sign contracts for and in behalf of the barangay, upon authorization of the sangguniang barangay;

(3) Maintain public order in the barangay and, in pursuance thereof, assist the city or municipal mayor and the sanggunian members in the performance of their duties and functions;

(4) Call and preside over the sessions of the sangguniang barangay and the barangay assembly, and vote only to break a tie; (5) Upon approval by a majority of all the members of the sangguniang barangay, appoint or replace the barangay treasurer, the barangay secretary, and other appointive barangay officials;

(6) Organize and lead an emergency group whenever the same may be necessary for the maintenance of peace and order or on occasions of emergency or calamity within the barangay;

(7) In coordination with the barangay development council, prepare the annual executive and supplemental budgets of the barangay;

(8) Approve vouchers relating to the disbursement of barangay funds;

(9) Enforce laws and regulations relating to pollution control and protection of the environment;

(10) Administer the operation of the Katarungang Pambarangay in accordance with the provisions of this Code;

(11) Exercise general supervision over the activities of the sangguniang kabataan;

(12) Ensure the delivery of basic services as mandated under Section 17 of this Code;

(13) Conduct an annual palarong barangay which shall feature traditional sports and disciplines included in national and international games, in coordination with the Department of Education, Culture and Sports;

(14) Promote the general welfare of the barangay;

(15) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.cralaw

In the performance of his peace and order functions, the punong barangay shall be entitled to possess and carry the necessary firearm within his territorial jurisdiction, subject to appropriate rules and regulations.

Compensation & Benefits

(NCIP AO No. 001, s.,2009)

SECTION 13. Compensation and Benefits. Compensation, benefits and other emoluments of the IP representative shall be the same with that of the regular members of the concerned legislative bodies as prescribed in RA 7160 and other applicable laws.

Term of Office(NCIP AO No. 001, s.,2009)SECTION 11. Term of and Removal from Office. The term of office of the IPs mandatory representative in the local legislative councils shall be for a period of three (3) years from the date of assumption to office and can be re-indorsed for another term by the ICCs/IPs constituents but in no case shall the representative serve for more than three (3) consecutive terms.

Section 16 Rule IX on NCIP Local Guidelines on the Selection of IPMR of Manobo Tribe .

The term of office shall be coterminous with elected officials:

-3 years in the case of the city, municipality and province

-5 years in the case of the baranggay, and shall qualify for re-election for another 2 consecutive terms

The IPs mandatory representative can be replaced anytime by the ICCs/IPs who selected him/her to the position in accordance with their local guidelines on recall/removal from office.

Grounds of Removal from Office

1. RA 7160: Section 60. Grounds for Disciplinary Actions. An elective local official may be disciplined, suspended, or removed from office on any of the following grounds:

a) Disloyalty to the Republic of the Philippines;

b) Culpable violation of the Constitution;

c) Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty;

d) Commission of any offenses involving moral turpitude or an offenses punishable by at least prision mayor, which is from six (6) years and one (1) day to twelve (12) years imprisonment.

e) Abuse of authority;

f) Unauthorized absence for fifteen (15) consecutive working days in case of local chief executives and four (4) consecutive sessions in the case of members of the sangguniang;

g) Application for, or acquisition of, foreign citizenship or residence of the status of an immigrant of another country; and

h) Such other grounds as may be provided by the Local Government Code of 1991; Republic Act No. 6713; Republic Act No. 3019; Administrative Code of 1987; Revised Penal Code; and all other applicable general and special laws.

2. RA 6713 Code of Conduct and Ethical Standards for Public Officials and Employees.:

SECTION 7. Prohibited Acts and Transactions. — the following shall constitute prohibited acts and transactions of any public official and employee and are hereby declared to be unlawful:

(a) Financial and material interest. — Public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office.

(b) Outside employment and other activities related thereto. — Public officials and employees during their incumbency shall not:

(b.1) Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law;

(b. 2) Engage in the private practice of their profession unless authorized by the Constitution or law, provided, that such practice will not conflict or tend to conflict with their official functions; or

(b. 3) Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office.

These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation from public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one-year prohibition shall likewise apply.

3. RA 3019:

Sec. 3. Corrupt practices of public officers. - In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:

(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.

(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law.

(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act.

(d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination.

4. Revised Administrative Code:

Sec. 80. Misuse of Government Funds and Property. - Any public official or employee who shall apply any government fund or property under his administration or control to any use other than for which such fund or property is appropriated by laws, shall suffer the penalty imposed under the appropriate penal laws.

5. Article 124 (sic 125)20 (b), Rule XIX, IMPLEMENTING RULES AND REGULATIONS OF THE LOCAL GOVERNMENT CODE OF 1991:

 ARTICLE 124. Grounds for Disciplinary Actions. — (a) An elective local official may be censured, reprimanded, suspended, or removed from office after due notice and hearing on any of the following grounds:

(1) Disloyalty to the Republic of the Philippines;

 

(2) Culpable violation of the Constitution;

(3) Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty;

(4) Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor which is from six (6) years and one (1) day to twelve (12) years imprisonment;

(5) Abuse of authority;

(6) Unauthorized absence for fifteen (15) consecutive working days, in the case of local chief executives and four (4) consecutive sessions in case of members of the sangguniang panlalawigan, sangguniang panlungsod, sangguniang bayan, and sangguniang barangay;

(7) Application for, or acquisition of, foreign citizenship or residence or the status of an immigrant of another country; and

(8) Such other grounds as may be provided by the Code; RA 6713; RA 3019; Administrative Code of 1987; the Revised Penal Code and all other applicable general and special laws.

6. Section 17 Rule IX on Local Guidelines on the Selection of IPMR of Manobo Tribe .

Grounds for removal :

Loss of Confidence

Corruption of any from

Abuse of Authority

Moral Turpitude

IPMR chosen through any form of Influence

Concubinage

Proactively join political exercises (campaign)

Has entered into contract without consent from IP Community