Lyceum-Northwestern University Graduate Studies 1

APPROVAL SHEET

This Action Research Policy Paper entitled “Situationer on

Natural-Physical Environment of the Ancestral Domain of Mandaya
Tribe of Lupon Davao oriental: A Strategic Regulatory Governance”
submitted by Robert R. Simbahon in partial fulfilment of the
requirements for the graduate studies in Master of Public
Administration Program, has been examined and is hereby
recommended for Final Printing on ______________.

Validation Committee

Dr. Antonio P. Delos Reyes, MPA, MDM, Ed.D.

Member

Mervin Jay Z. Suaybaguio, MPD Dr. Carol Ramirez-Barrete, DPA

Member Member

Dr. Helario T. Caminero, Ed.D., DPA

Chairman

……………………………………………………………………………………………..

Approved and accepted in partial fulfilment of the requirements for the

graduate studies in Master in Public Administration.

Dr. Romana Fabrigas

Dean
Lyceum-Northwestern University Graduate Studies 2

“SITUATIONER ON NATURAL-PHYSICAL ENVIRONMENT OF THE

ANCESTRAL DOMAIN OF MANDAYA TRIBE OF LUPON, DAVAO
ORIENTAL: A STRATEGIC REGULATORY GOVERNANCE”

A Research Policy Paper Presented to the Faculty of the

Graduate School
Lyceum Northwestern University
Dagupan City

In Partial Fulfillment of the Requirements

for the Degree, Master in Public Administration

ROBERT R. SIMBAHON
May 2015
Lyceum-Northwestern University Graduate Studies 3

ABSTRACT

Title : SITUATIONER ON NATURAL-PHYSICAL ENVIRONMENT

OF THE ANCESTRAL DOMAIN OF MANDAYA TRIBE: A
STRATEGIC REGULATORY GEVERNANCE.

Researcher : Robert R. Simbahon

Degree : Master of Public Administration
Adviser : Dr. Antonio P. Delos Reyes, MPA, MDM, Ed.D.
Date : April 26, 2015

Determining the degree of implementation of the indigenous

peoples right act of 1997 or IPRA Law could be more complex in its

entirety unless dissected into different areas of concern. But this study

takes a critical perspective on the present condition of the ancestral

domain of the Mandaya tribe in Lupon, Davao Oriental after almost 18

years since the law was implemented. The discussions about the current

natural-physical environment of the ancestral domain during FGD, has

elicited violent reactions from the tribal elders and leaders and only to

discover the continued exploitation of the natural resources within by

illegal miners and loggers in epic proportion.

Further, the study dig deeper about programs and projects

implemented within the ancestral domain by both local and national

government entities including all logistical support received by the tribal

communities. And finally, it also provide recommendations to increase

the level of IP-LGU collaboration in terms of adopting mechanism for an

effective regulation and control over the ancestral domain.

Lyceum-Northwestern University Graduate Studies 4

ACKNOWLEDGMENT

The painstaking effort of the researcher in accomplishing this

study was attributed to those people who understand the underlying
importance of an intrinsic investigation of the prevalent condition of the
ancestral domain of Lupon. To my ethnic brothers and sisters in the
hinterland, most especially to the tribal chieftains and elders of the
mandaya tribe. The personnel of the Municipal Planning Office, the staff
of the Sangguniang Bayan and the employees of NCIP Davao Oriental
Provincial Office headed by PO Julius Mabini.
Acknowledgment is also due to the PCL-Legislative Academy, its
staff, mentors and especially Dr. Helario T. Caminero for their
impeccable partake of academic knowledge and the humility to
understand our individual intellectual variances.
Finally, to Magbabaya/Tagal’lang, for making me physically and
spiritually strong to finish this study.

The Researcher
Lyceum-Northwestern University Graduate Studies 5

DEDICATION

I dedicate this research paper to my lingo-ethnic brothers and

sisters in the hinterland of Lupon identified as Geographically Isolated

Depressed Area (GIDA). To my family, friends, officemates and most

especially my ever loving wife “Jeanette” for the unwavering support

and her inspiring words of wisdom “never think that you are too old

enough to set new goals in life” and above all the spirit of our

ancestors that haunt me to continue the unfinished struggles of my

people.
Lyceum-Northwestern University Graduate Studies 6

TABLE OF CONTENTS

Approval Sheet .................................................................... 1

Title Page……....................................................................... 2
Abstract…………………………………………………………………. 3
Acknowledgment.................................................................. 4
Dedication............................................................................ 5
Table of Contents.................................................................. 6-7

Chapter I. INTRODUCTION.................................................... 8
Background ………………….......................................... 8-10
Rationale ..................................................................... 10-
12
Conceptual Framework................................................ 13-14
Research Paradigm...................................................... 14
Statement of the Problem............................................. 15
Purpose of the Study.................................................... 16
Significance of the Study.............................................. 16-17
Scope and Delimitation................................................ 18
Definition of Terms....................................................... 19-21

Chapter II. REVIEW OF RELATED LITERATURE..................... 21

Review of Related Literature…………………………………. 21-24
Chapter III. RESEARCH METHODOLOGY............................... 25
Research Design............................................................ 25
Sources of Data............................................................. 25-26
Instrumentation and Data Collection............................. 26-28
Tools for Data Analysis.................................................. 28-30
Lyceum-Northwestern University Graduate Studies 7

Chapter IV. DISCUSSION…………………………………………..... 31

Discussion, Analysis and Interpretation of Data……….. 31-36

Chapter V. CONCLUSION AND RECOMMENDATION…………. 37

Conclusion................................................................... 37-38
Recommendation.......................................................... 38-39
Implementation Plan………………………………………….. 40

Bibliography…………………………………………………………….. 41

Appendices............................................................................ 42
Appendix B – Pictures and Photos……………………........ 42-61
Appendix C – Certification (MPDO)…………………………. 62
Municipal Ordinance…….………………..… 63-70
Resolution……………………………………… 71-72
Executive Order……………………………….. 73-76
Memorandum Order (NCIP)…………………. 77

Curriculum Vitae.................................................................... 78-80

References ……………………………………………………………….. 81
Lyceum-Northwestern University Graduate Studies 8

CHAPTER I

INTRODUCTION

Background of the Local Government Unit:

The Municipality of Lupon is located 132 kilometers southeast of

the City of Davao. It has a land area of about 88,600 hectares as certified

by the Land Management Bureau. Lupon and has 21 barangays with

61,000 population based on the 2010 NSO census of population. The

Mandaya and Kalagan tribe are the two (2) ethnic groups that inhabited

the place since time immemorial. The Mandaya as a nomadic tribe

occupied the hinterland while the Kalagan are living along the shorelines

of Lupon. It is until the arrival of the sacadas from Luzon and Visayas in

the late 1930’s when Lupon become a milting pot of different cultures. At

present, the indigenous peoples only represent 31% of the entire

population of the Municipality of Lupon. The main source of income of

the people is fishing and farming while some engaged in mining

activities.

Tribal communities are important sector for government

development interventions. They represent the cultural heritage and

ancestry of local development process. Indigenous peoples are Filipino

Lyceum-Northwestern University Graduate Studies 9

people living in the far-off places of the Philippine territory since time

immemorial. They are regarded as the descendants of the early human

populations who peopled the Philippines in ancient times. Their

ancestors, also known as aboriginal Filipinos, have left traces of primitive

existence, traditional beliefs and practices in various parts of the

country, thus making them vital part of the Philippine history and

culture.

In the case of this study, the indigenous peoples herein referred to

is the Mandaya Tribe of Lupon, Davao Oriental. The Mandaya tribe has a

population of 12,600 or 20.5% of the entire population. They own an estimated 28,000

hectares of ancestral domain which is located within the Barangays of Maragatas,

Tagugpo, San Isidro, Don Mariano Marcos, Marayag and Calapagan. Most of these

barangays are predominantly inhabited by the mandaya tribe. The mandaya tribe

has its own political structure that includes its justice system, conflict resolution,

socio-cultural and political leadership. The chief of the tribe is the tribal chieftain

and the policy makers are the “Limpong ng Mangkatadong” or council of elders

that represents the clans. In the mandaya culture women are forbidden to become

a leader of the tribe but they are important factors in rituals for peace accord. The

mandaya tribe enjoy a simple way and their survival depend on the abundance of

the forest and the rivers. They plant upland rice, root crops, go fishing and hunting

in its traditional way.

Lyceum-Northwestern University Graduate Studies 10

Today, the remaining treasure of the Mandaya tribe of Lupon is their

ancestral domain. Ancestral domain do not only speak about territory but it also

includes the cultural heritage, the people living within it and its abundance that

promises better future for this aboriginal human being. It is rich with minerals like

gold, copper, iron, forest products and other natural resources. It is also the

primary source of creeks, streams and other major tributaries of Sumlog River

which supplies water to thousands of hectares of irrigated lands of the two (2)

Municipalities of Lupon and Banaybanay. The forest and its lush vegetation offers

protected shield against the vulnerability of Lupon from disaster and calamities.

To simplify the narrative, the ancestral domain of the Mandaya tribe

maintains the eco-system that provides ecological balance to the climatic condition

which is key to survival, not only for the indigenous peoples but for all inhabitants

of Lupon.

Rationale:

The advent of Republic Act 8371 or the Indigenous Peoples Right

Act has paved the way for the tribal communities to be empowered, thus

recognizing their ethno-political, economic, social and cultural identity

which is generally characterized by adherence to the communal or tribal

traditions, customs, values or system of thought. The right to ancestral

domain is the ultimate realization of the centuries struggle of the

Lumads to legally declare their ancestral territories their own. However,

Lyceum-Northwestern University Graduate Studies 11

the implementation of the indigenous people’s right act to govern the

development of tribal communities and to sustain cultural and

traditional properties of the Lumads could be complex considering the

broad strokes of interest and agenda setting.

Nevertheless, in order to implement a national instruction to

protect and develop the ancestral domain and properties of tribal groups,

a local implementing measures must be enacted on the part of the

municipal government of which a focus on the regulation of entry of

migrant settlers and other illegal interference over the highly protected

areas under the legal reach of ancestral domain. International scholars

and practitioners to speak about relative successes, failures, challenges,

and lessons from other cases in which ethnic or religious minority

groups have fought over and negotiated arrangements on territory,

natural resources, and governance.

Ancestral Domain is simply not a public domain because they guarantee the

communal rights of all the generation of indigenous peoples. Hence, they must not

be alienated to persons other than the members of the indigenous peoples. The

indigenous peoples can claim ownership of their ancestral domain in

three ways: by virtue of a native title, getting formal recognition of

ownership by acquiring a Certificate of Ancestral Domain Title (CADT) or

Certificate of Ancestral Land Title (CALT) from the National Commission

on Indigenous Peoples (NCIP)-Ancestral Domains Office (ADO), or by

Lyceum-Northwestern University Graduate Studies 12

securing a Certificate of Title by virtue of Commonwealth Act 141, as

amended, or the Land Registration Act 496.

A native title, according to RA No. 8371, refers to pre-conquest

rights to land and domains, which, as far back as memory reaches, have

been held under a claim of private ownership by ICCs/IPs, have never

been public lands and are thus indisputably presumed to have been held

that way since before the Spanish Conquest. A CALT or CADT, on the

other hand, is granted by the government and is provided for by law to

those IPs who wish to obtain these titles. The IPRA, specifically Section

12, also states that IPs have the option to acquire certificates of title

under the provisions of the amended Commonwealth Act No. 141. This

Act follows the Torrens System of land registration and titles issued

under this system are called Torrens titles.

Under the right to self-governance and empowerment, the

indigenous peoples have the right to participate fully in decision-making

at all level of legislative council in matters which may affect their rights,

lives and destinies as provided under Sec.16 of the indigenous peoples

right act of 1997. Thus, a participatory framework of governance must be

institutionalize to establish venue for a collaborative undertakings

between the indigenous peoples and the local government unit of Lupon.
Lyceum-Northwestern University Graduate Studies 13

Hopefully, this policy research project leads to more initiatives

towards the end of harmonizing important state policies and programs as

a catalyst for better governance.

Conceptual Framework:

Collection of Primary and -Effective regulation

-Situationer on secondary data, FGD with of the ancestral
ancestral domain as IP elders & leaders. domain.
to natural-physical Interview, Photo interview. -IP involvement in
environment, Conduct data analysis. community dev’t.
utilization and dev’t. Planning.
projects. -Implementation of
-Status of LGU-IP domestic
community policies/ordinances.
collaboration.

INPUT OUTPUT
PROCESS

The study indicates situationer on ancestral domain, status of

LGU-Community Collaboration and a framework of participatory

governance and implementation plan. As shown in Figure above, the

logical framework of the study reflect the flow chart from its input,

process and the output of the study.

Input
 Situationer on Ancestral Domain of Mandaya Tribe as to Natural-
Physical Environment, Utilization, Development Projects and
Status of LGU-IP Community Collaboration.

 Status of LGU-IP Community Collaboration in the Regulation of

Ancestral Domain.

Process
Lyceum-Northwestern University Graduate Studies 14

 Secondary Data Analysis, Focus Group Discussions with IP

Communities, Interview with the elders, Gathering of primary and
secondary data from government agencies.

Output
 Strategic Plan:

 effective regulation of the ancestral domain.

 IP involvement in community planning and development
process.
 Implementation of domestic policies and ordinances.

 Effective regulation of the Ancestral Domain in the context of IPRA

Law vis-à-vis the enactment of local regulatory statutes and its
implementation.

Research Paradigm:

This paper adopted an intrinsic study and evaluation of secondary

data sources. In qualitative research, the data wer usually collected

through three main methods, used singly or in combination, direct

observation, in-depth interviews and analysis of documents. Data might also

be in the form of a transcript, minute or verbatim quotes of what being said by the

research participants and the researcher, or what was written in the text

sources that being examined. Consequently data derived from the

research participants or texts and images directly in the form of quotes

or via the researcher in the form of his or her reaction to or understanding of

what was said or written.

Lyceum-Northwestern University Graduate Studies 15

In this study, the researcher was in the position to access all important

information from key information units and human sources since he is the

Indigenous Peoples Mandatory Representative (IPMR) of the Sangguniang Bayan

and the concurrent Municipal Tribal Chieftain of the Mandaya Tribe.

Statement of the Problem

This study was aimed to present the situationer on the ancestral

domain of the Mandaya Tribe of Lupon, Davao Oriental with incumbent

direction to formulate a participatory framework of governance

customized to the organizational and leadership needs of Mandaya Tribe

vis-à-vis regulation of ancestral domain under IPRA law.

Specifically this study wished to provide answers for the following

sub-problems:

1. What is the situation of ancestral domain of Mandaya Tribe in

Lupon, Davao Oriental in terms of;

1.1 natural and physical environment;

1.2 certificate of ancestral domain;
1.3 development, utilization, projects and programs;
1.4 leadership and program/project administration.

2. What is the status of community and local government

collaboration in the regulation of the ancestral domain?

1.1 IP’s participation in local governance;

Lyceum-Northwestern University Graduate Studies 16

1.2 LGU’s intervention in term of policy, programs and

projects.

3. What implementation plan can be proposed within the ancestral

domain in order to improve the socio-economic well-being of the

mandaya tribe in the context of IP empowerment?

Purpose of the study

The purpose of the study was to conduct policy review on the

implementation of indigenous people’s rights act specifically now that

ancestral domain has been the center of local governance attention. This

study will also look into the capacity of the tribal community leaders and

their capability to protect the ancestral domain in the context of IPRA

law.

Another important objectives of the study, is to determine the

extent of development being introduced within the ancestral domain after

almost 18 years since the indigenous peoples right act was enacted into

law.

Significance of the Study

This study was beneficial to the following:

1. The Indigenous Peoples specifically the Mandaya Tribe.

 Ventilate issues on matters concerning ancestral domain.
Lyceum-Northwestern University Graduate Studies 17

 Share insights about their system of control and regulation

about the ancestral domain.

 Improve their way of living as government intervention is

expected.
 Increase awareness and community involvement

2. Local Government Unit of Lupon

 Understand the predicament of the IP’s
 Improve delivery of basic services to the indigenous peoples.
 Formulate policies and ordinances more responsive to the

protection of the ancestral domain

 Provide direction to the LGU planners
 Provide funds for the formulation of ADSDPP.
 Facilitate for the processing of Certificate of Ancestral

Domain Title (CADT)

3. National Commission on Indigenous Peoples (NCIP)

 Relevant data and information about the reality in the

ground as far as implementation of IPRA is concern.

 Adopt and recommend new policies that strengthened

regulations in the ancestral domain.

 Replicate best practices to other CADT area.
4. Sangguniang Bayan of Lupon
 Oversight over Municipal Ordinance No. 2014-03 on

“Regulating the entry of Migrant Settlers within the

Ancestral Domain”.

Scope and Delimitation

The scope and limitation of the study was that sources of

information were come from secondary origins, interviews and direct

Lyceum-Northwestern University Graduate Studies 18

observations about the management of the subject ancestral domain in

Lupon, Davao Oriental. This study is qualitatively using document

analysis and accessible data or information for policy analysis and

evaluation of activities and programs affecting the development,

utilization and protection of the said ancestral domain.

The researcher extracted relevant information from government

sources and field interviews and community engagement where

limitations on recall, consistency and coherence were subject to scrutiny

and review in the related study in the future. The actions and resolutions

shaping the process of ancestral domain utilization, development and

protection could get the traction of IPs collectivization and leadership,

the core of the ancestral domain archetype of government. In such case,

the Municipal Planning and Development Office is the source of

information about the programs and projects directed towards the

development of the ancestral domain. The Office of the Secretary to the

Sangguiang has provided primary data about policy alternative being

enacted in the framework of protecting the ancestral domain of the

mandaya tribe.

Definition of Terms:

In the context of the study, the following were terms used:

Lyceum-Northwestern University Graduate Studies 19

1. Mandaya Tribe- consist both the non-Christian and non-Islamic

human population before the Spaniards invaded the Philippines in

the early sixteen century. The Mandaya are found throughout

Davao Oriental and Davao del Norte, Mindanao. Their name

denotes the “first people upstream” and derived from man “first”

and daya “upstream or upper portion of a river. They are shifting

cultivators who depend largely on swidden farming (slash-and-

burn) and supplement it with fishing, hunting-gathering, and

planting of abaca as a cash crop.

2. The Mandaya family structure- is traditionally paternalistic with

the father seen as the head of the family and the sole provider of

the family. The mother, in turn, takes care of all household chores,

while simultaneously, looking after her husband's and children's

needs; it's also her role to rear the children in accordance to tribal

practices. Major decisions are made jointly. Also, Mandaya parents

undertake the role of preserving and handing down ancestral

heritage onto their children.

3. Ancestral Domain- is defined as all areas generally belonging to

the ICCs/IPs comprising of lands, inland waters, coastal areas and

natural resources therein, held under a claim of ownership,

occupied or possessed by the indigenous cultural

communities/indigenous peoples, by themselves or through their

ancestors, communally or individually since time immemorial,

Lyceum-Northwestern University Graduate Studies 20

continuously to the present except when interrupted by war, force

majeure or displacement by force, deceit, stealth or as a

consequence of government projects or any other voluntary

dealings entered into by government and private

individuals/corporations, which are necessary to ensure their

economic, social and cultural welfare. It shall include ancestral

lands, forest, pasture, residential, agricultural, and other lands

individually owned whether alienable and disposable or otherwise;

hunting grounds; burial grounds; worship areas; bodies of water;

mineral and other natural resources; and lands which may no

longer be exclusively occupied by ICCs/IPs, but from which they

traditionally had access to, for their subsistence and traditional

activities, particularly the home ranges of ICCs/IPs who are still

nomadic and/or shifting cultivators.

4. Certificate of Ancestral Domain Title (CADT) - refers to a title

formally recognizing the rights of possession and ownership of

ICC’s/IPs over their ancestral domain, identified and delineated

pursuant to the Republic Act 8371.

5. Situationer on Ancestral Domain- is the present conditions of the

ancestral domain after being granted by IPRA law and other

existing policies of the government which benefit the tribal

communities. That includes the current efforts of the local

government and national agencies like NCIP in the development,

Lyceum-Northwestern University Graduate Studies 21

exploration, utilization and management of natural resources

within the ancestral domain of the IP community.

6. Participatory Framework for Governance- is the approved and

broad-based participatory mechanism for collective decision-

making and development planning designed to improve the lives of

the IP communities. This is a set of governance tools and strategies

introduced for the IP leadership and legal representatives/IPMR’s

in the local or provincial legislative bodies and center of power.

CHAPTER II

REVIEW OF RELATED LITERATURE AND STUDIES

According to Onwuegbuzie, et. al (2012), a within-study literature

analysis is pertinent whether each work is selected by the reviewer

because in all its particularity and ordinariness, this work itself is of

interest, intrinsic case study or whether each work is important for

synthesizing the existing body of knowledge, which then will be utilized

for making inferences about the topic of interest. A within-study

literature analysis involves analyzing the contents of a specific work. In

its most rigorous and comprehensive form, a within-study literature

analysis does not merely involve analyzing the findings of a study or the
Lyceum-Northwestern University Graduate Studies 22

major premise used in a non-empirical work (Onwuegbuzie, et. al, 2012).

The researcher believes that this is the right direction of a research

methodology facing this type of data analysis and evaluation of

secondary sources. In contrast, a between-study literature analysis

involves comparing and contrasting information from two or more

literature sources. Although the most common information to compare is

the findings among empirical works, optimally, every component, or at

least multiple components, of a work should be compared with multiple

components from other works.

Participatory Framework of Governance

 Academics have distinguished between different forms of

participation and have warned against a solely instrumental

use of participation as a means of legitimizing previously

established ends. Arnstein (1969) was critical of the lower

rungs of her ladder of participation and warned about

manipulation, therapy, and tokenism. According to Arnstein

(1969), “real” participation could be found only on the higher

rungs of her ladder.

 In 1998 Goodwin distinguishes between “hired hands” and

“local voices” in the context of nature conservation. While

these distinctions are useful, they are also overly simplistic

Lyceum-Northwestern University Graduate Studies 23

and fail to recognize the multi-dimensional character of

participation (Chess and Purcel 1999, Webler and Tuler

2002). A good illustration of this is given by Lawrence

(2006), who uses the example of volunteer recorders who,

despite being involved “only” on a low level of participation,

gained a genuine sense of involvement and empowerment.

 According to O’Neil (2001), participation is often inspired by

the desire to open up decision-making processes to wider

audiences, it is clear that it is impossible to involve

everybody and that representation can never be complete.

Participation is inevitably selective when it comes to who is

able to participate. Some individuals recognized as relevant

participants are considered to be part of the citizenry, while

those excluded are left without a voice, without a way to

express their involvement and enact their citizenship.

 Participatory initiatives are imbued with expectations about

what the participants should do and how they should

behave, and this influences how citizens can become

involved. Often, citizens are invited because they are seen as

stakeholders: people who are perceived to hold a particular

stake in the issue and are expected to represent it. Such a

preconception leaves little room for citizens to change their

Lyceum-Northwestern University Graduate Studies 24

preferences and interests. As such, it sits uncomfortably

with the ambitions for achieving consensus and for collective

decision making (Hendriks et al. 2007).

 (Ian Marsh 2002) Within the academic literature, there is a

degree of ambivalence displayed towards the mapping of

participatory governance. On the one hand, we are told that

new (or newish) forms of governance are bringing new

players and processes into what were previously hierarchical

governing arrangements. As Ian Marsh puts it, ‘The

vocabulary of governance reflects new interdependencies

between the political leadership, public administration and

the community…It reflects the new salience of strategic

policy-making and the new contexts and pressures shaping

agenda development.

CHAPTER III

METHODOLOGY

Research Design

The fundamental method of the study wass documentary and

empirical data analysis. This requires a combination of descriptive-key

information assessment and case study. There are secondary data

Lyceum-Northwestern University Graduate Studies 25

available in the Municipal Government of Lupon, National Commission

on Indigenous Peoples (NCIP) and other government agencies. The

researcher found this approach in data generation and analysis

appropriate for this type of explorative endeavor to come up with the

benchmark basis for a government implementation plan.

Source of Data

1. IP Leaders and Elders

2. Municipal Planning & Development Office
3. Sangguniang Bayan
4. Office of the Mayor
5. National Commission on Indigenous Peoples

The sources of information and data about the study come from

secondary origins, interviews, photo interview and direct observations

about the management of the subject ancestral domain in Lupon, Davao

Oriental. This study was qualitative using document analysis and

accessible data or information for policy analysis and evaluation of

activities and programs affecting the development, utilization and

protection of the said ancestral domain.

Transcript and minutes taken during the meeting of the IP

communities being the respondent informants of this study, are sources

of valuable data.

Instrumentation:
Lyceum-Northwestern University Graduate Studies 26

In the conduct of research, there were several instruments used in data

collection. These include questionnaire, interview, observation, reading, focus group

discussion and photo interview. The validity and reliability of any research project

depends to a large extent on the appropriateness of the instruments. Whatever

procedure one uses to collect data, it must be critically examined to check the

extent to which it is likely to give you the expected output.

The instrument being used in data collection in this study is interviews,

photo interview and observation. Interviews become necessary when researcher feel

the need to meet face-to-face with the individuals to interact and generate ideas in a

discourse that borders on mutual interest. It is an interaction in which oral

questions are posed by the interviewer to elicit oral response from the interviewee.

Specifically with research interviews, the researcher has to identify a potential

source of information and structure the interaction in a manner that will bring out

relevant information from its respondent. The creation of a cordial atmosphere is

therefore vital to the success of such interaction. In this case, the interview is being

done during the conduct of FGD with the chieftains and elders of the mandaya

tribe in five (4) different IP communities of Lupon and further validated upon

interaction with some community member during actual sites visits.

Observation as an instrument in data collection was also being used in this

study considering its important methods for obtaining comprehensive data in

qualitative research especially when a composite of both oral and visual data

become vital to the research. The researcher obviously needs a camera or an audio-
Lyceum-Northwestern University Graduate Studies 27

visual recorder for complete collection of such comprehensive record. By the use of

observation strategy, researcher are able to obtain first-hand information about

objects and eventful happenings. In this study, observation as an instrument in

data collection was also been used to document important sites and locations

specially to determine natural-physical condition of the flora and fauna of the

ancestral domain including earth movement affected by mining operations in the

area.

Data gathering instrument that work very efficient in the conduct of this

study is focus group discussions. The researcher being a member of the mandaya

tribe effectively draws attention from the respondent tribal chieftains and elders into

a more vibrant interaction. The dynamics between the researcher and the

respondent informants was great. Focus group discussion are designed to bring a

homogenous group of participants together to discuss their opinions and insights

on a particular issue. In the case of this research study, the informants and the

researcher belongs to the same tribe. Such situation create an environment of

familiarity where everybody is comfortable with each other.

Photo Interview was also used in some instances where the community tells

a story about a picture taken from different locations of the ancestral domain once

it is presented to them by the researcher. The pictures were taken by the

interviewer who actually went to the target location and took pictures as evidence

based on needed data. Photo interview is a qualitative research method in which

the researcher gives the interviewer camera and a list of prompts for taking photos.
Lyceum-Northwestern University Graduate Studies 28

After taking the photos over a determined amount of time the researcher interviews

the participant using photos to elicit information. This method brings together the

interviewee’s images and words and thereby gives multiple dimensions and

perspective.

Tool for Data Analysis:

Data analysis as the process of analyzing all the information and evaluating

the relevant information that can be helpful in better decision making (Sivia &

Skiling 2006). Data analysis can be done by using various tools and methods that

helps in deriving the conclusion out of the gathered information. This study is a

qualitative research using descriptive method of data analysis. The raw data

collected from the conduct of interviews, photo interviews including the minutes

and transcript of the meetings and FGD’s were consolidated and analyzed. The

minutes and transcript as a result of the interaction generate useful information.

Individual statement of the respondents were extracted and sorted according to its

significance to the study. Content analysis of the primary and secondary data

gathered from government agencies was also used in determining a conclusive

recommendations of the study.

The process of data analysis:

Lyceum-Northwestern University Graduate Studies 29

Data processing:

The figure above is the phases of intelligence cycle used to convert raw

information into actionable knowledge. In the case of this study most of the data

was derived from the transcript of the meeting of the tribal councils. Some were

primary and secondary data taken from different offices of the local government

unit and NCIP.

Lyceum-Northwestern University Graduate Studies 30

The researcher extracted relevant information from government

sources, field interviews and community engagement where limitations

on recall, consistency and coherence were subject to scrutiny and review

in the related study in the future. The actions and resolutions shaping

the process of ancestral domain utilization, development and protection

could get the traction of IPs collectivization and leadership, the core of

the ancestral domain archetype of government.

CHAPTER IV

DISCUSSION, ANALYSIS AND INTERPRETATION OF DATA

The key factor in accomplishing this study are the factual

gathering of information that was done through actual and personal

interaction with the respondents indigenous peoples in various

communities. In such case, the researcher conduct an actual site

visitation in several tribal villages and immerse with the indigenous

peoples in the hinterland. As a result, a bigger picture of the natural-

physical environment of the ancestral domain was uncovered, thereby

providing a clearer understanding of the real situation on the ground

that would provide answer to the statement of the problem which is the

subject of this study.

Lyceum-Northwestern University Graduate Studies 31

1. What is the situation of the ancestral domain of the Mandaya

Tribe in Lupon, Davao Oriental?

1.1 natural and physical environment;
Along the way to Sitio Tiumbukan, Bislong and Matigdao,

lush vegetation and dense forest is still intact except the

area near the IP settlement where slash and burn are

evident as the mode of farming of the tribal people. The

creeks, streams and rivers are crystal clear. During the

interview with the community they revealed that their only

source of income is planting corn, abaca, coffee and other

root crops. Their primary concern is the poor road condition

and the absence of road going to Matigdao. There was no

corn mill in the area instead they only used manual stone

grinding tools to produce corn grits. The nearest corn mill is

30 kilometers away.
At the north-western part of the ancestral domain in the

portion of Calapagan and Don Mariano Marcos the

condition is far different. During the interview with the

elders, they are very much concern about the on-going

unregulated small scale mining operation in Mt. Baliling.

Processing plant is everywhere and some were even located

directly in the creeks. The community are also frightened

about the consequences in the future if the mining activity

will continue unregulated. Much more, that incidence of

Lyceum-Northwestern University Graduate Studies 32

landslides in the past has already claimed lives of the people

in the area.
In the nearby Don Mariano Marcos cutting of trees is

rampant. According to the community during the focus

group discussion, the presence of veneer plant in the area

encouraged the people to conduct illegal cutting of trees.

1.2 certificate of ancestral domain;

The continued exploitation of the ancestral domain

according to the elders can be attributed to the absence of a

Certificate of Ancestral Domain Title (CADT) as a legal

confirmation of their ownership of their ancestral domain.

They manifested that the title is very important because

migrant are claiming that the indigenous peoples has no

right to control the area because they lack legal instrument

which is the CADT. Lack of funding is the reason of the

delay in the processing of the Certificate of Ancestral

Domain.
1.3 development, utilization, projects and programs;
According to the record of the National Commission on

Indigenous Peoples (NCIP), Core Mining Corporation is the

only large scale mining company in Lupon that was awarded

certificate of pre-condition after complying the Free and

Prior Informed Consent process provided by law. The

company is a holder of a Mineral Processing and Sharing

Lyceum-Northwestern University Graduate Studies 33

Agreement (MPSA) Permit issued by the Mines and Geo-

Science Bureau. In term of utilization of the mineral within

the ancestral domain, the company is still on the

exploration stage of operation.

The indigenous peoples is a recipient of several projects

funded by the local government 20% development funds and

those that were funded from the bottom-up budgeting. The

construction of corn mill in Sitio Bislong is now on-going in

the amount of P 600,000.00 pesos. Sitio Bislong,

Tiumbukan and Matigdao being an isolated IP community

are also recipient of the Solar Electrification Program of the

Department of Energy. More than 100 households of the 3

IP villages has now electricity. Livelihood programs were

also provided to the tribal women and tribal elders.

1.4 leadership and program/project administration;
The corn mill project of Sitio Bislong is a community-based

livelihood program whose proposal emanates from the

indigenous peoples themselves. The building for the corn

mill was done through a counter parting scheme. The local

government unit of Lupon provide the constructing

materials and the labor is a community counterpart. The

management of the project undertakes capacity training to

ensure sustainability of the project. The project is now in

operation.
Lyceum-Northwestern University Graduate Studies 34

Another livelihood program funded out from the bottom-up

budgeting is the native wine making project. The skills of

the indigenous peoples in fermenting native wine that has

been their customary practice for generations was now

introduced in the market for their entrepreneurial

advancement.
2. What is the status of IP community and local government

collaboration in the regulation of the ancestral domain and the

local planning process?

1.1 IP’s participation in local governance;
During the interview with Mayor Domingo A. Lim he

stressed-out the importance of the participation of the

indigenous peoples in policy making process. That’s why he

is very much supportive with the inclusion of the IP sectoral

representation in the Sangguniang Bayan as well as the

membership of the IP in local special bodies.

1.2 LGU’s intervention in term of policy and local ordinances.
In the one-on-one interview with the Sangguniang Bayan

Secretary Ms. Sharon S. Balingit, she explain in detail the

passage of Municipal Ordinance No. 2014-03 whose very

intention is to regulate the entry of migrants within the

ancestral domain. There is a need to provide implementing

mechanism that regulate the activities in the ancestral

domain which was not properly defined in IPRA Law. In the

implementing guidelines of Municipal Ordinance No. 2014-

Lyceum-Northwestern University Graduate Studies 35

03 the creation of Task Force Ancestral Domain was

provided. Task Force Ancestral Domain will now serve as a

deterrent for any unauthorized entry in the ancestral

domain. However, for more a year since the enactment of

the Municipal Ordinance No. 2014-03, it was not yet

implemented. Task force Ancestral Domain was not yet

organized by the executive department.

Another significant local issuances, is the recognition of civil

society organizations for the Bottom-Up Budgeting where a

representative from the indigenous peoples is a member of

the Local Poverty Reduction Team (LPRAT). The Local

Poverty Reduction Team or LPRAT is a multi-sectoral core

group that determine the needs of the less fortunate sector

of the society whose primary target is to reduce poverty

incidence in Lupon.

CHAPTER V
Lyceum-Northwestern University Graduate Studies 36

CONCLUSION AND RECOMMENDATION

Conclusion

In the foregoing discussions, the condition of the natural and

physical environment of the ancestral domain of the Mandaya tribe was

properly elucidated and shown in such a way that everyone could be able

to comprehend. Considering the narrative, there seems to be a

geographical divide of the ancestral domain. One part is in a blink of

destruction and the other part is still environmentally intact. Destruction

that is attributed by extreme pressure over the nature of activities being

conducted therein and environmentally intact in terms of vegetative

cover with unspoiled eco-system. Both conditions only tells us the need

for a stringent action to save the ancestral domain while we still have the

luxury of time to do so. The existing Municipal Ordinance No. 2014-03

which regulates the entry of migrant settlers within the ancestral domain

will be enough to protect the ancestral domain.

As far as government intervention in terms of development projects

is concern, the indigenous peoples was been a recipient of various

development projects both from the national and local government

institutions. Although, a surgical development concept was only provided

for the moment, but what is important is the presence of a mechanism

that is adoptive for an IP inclusive development agenda.

Lyceum-Northwestern University Graduate Studies 37

The logical framework of participatory governance for the

indigenous peoples is a built-in mechanism provided under Sec. 16 of

Republic Act 8371. It provides representation of the indigenous peoples

to participate in local policy and decision making process. In order for

this framework to become operative, the indigenous peoples need to send

representatives in the Local Special Bodies.

Recommendation:

Resolving the issues and concern being identified in the foregoing

data analysis the following is hereby recommended.

On issues concerning the Ancestral Domain:

1. Destruction of the Natural and Physical Environment

1.1 Organization and creation of “Task Force Ancestral Domain”

whose function is to regulate the conduct of activities within
the ancestral domain.

 Legal basis-Municipal Ordinance 2014-03

 Composition:
 AFP
 PNP
 LGU Representative(Municipal & Brgy.)
 IP representative
 Peace & Order Council
 Local Dev’t. Council

2. Absence of Certificate of Ancestral Domain

2.1 Processing of the Certificate of Ancestral Domain Title (CADT)

 Coordinate with NCIP Office
 Lyceum-Northwestern University Graduate Studies 38

 Submit project proposal for BUB funding

2.2 Formulation of Ancestral Domain Sustainable Development

and Protection Plan (ADSDPP)
 Coordinate with NCIP and LGU Planning Office
 Create Technical Working Group
 Submit Document for adoption in the Comprehensive Land
Use Plan of the LGU.

Issue on Participatory Framework of Governance

1. Strengthening the Barangay Tribal Councils for representation in the

Local Special Bodies.
 Creation of committees for the local special bodies:
 Local School Board
 Local Health Board
 Peace & Order Council
 Local Dev’t. Council
 Federating all Committee Chairmanship
 Selection of Representative to the Special Bodies

2. Deputation of selected members of IP communities in various

enforcement agencies of the government.
 Bantay Gubat
 Bantay Kalikasan
 Task Force Ancestral Domain
 Bantay Ilog

Implementation Plan

Expected
Key Result Objectives Strategies Persons Timeline Costs output
Areas Involved
Creation & To provide a Lobby the Mayor Regulation in
Organization multi-agency Office of the Office, P200T the un-
of Task Force task force w/ IP Mayor to AFP, July authorized
 Lyceum-Northwestern University Graduate Studies 39

Ancestral participation implement PNP, 2015 entry of

Domain Municipal IPMR migrant in
Ordinance No. the ancestral
2014-03 domain is
implemented.
To be able to Create All local
Strengthening represent the different Barangay Every P50T special
IP indigenous committees in Tribal first bodies has IP
participation peoples in local all Brgy. Tribal Councils, quarter representatio
in local special special bodies; Councils that Local of each n.
bodies. Local Dev’t. correspond Gov’t. year.
Councils, Local the Special Unit
School Board, Bodies &
Local Health select from
Board, Peace & among
Order Council. themselves as
representative.
Formulation of To be able to Fund Local At the end of
Ancestral determine sourcing Governm 2016 P500T 2016 the
Domain various land through ent, ADSDPP is
Sustainable use of the counter- Provincia adopted by
Development ancestral parting l the local
and Protection domain Governm government
Plan ent, unit of
NCIP, Lupon.
Potential
investors
Processing of Delineation of Submit project NCIP, 2016 to By the end of
Certificate of Lupon proposal for LGU, 2017 2016
Ancestral Mandaya BUB 2016 IPMR P1.4M delineation is
Domain Title Ancestral funding. and completed &
(CADT) Domain. communi by 2017
ty CADT is
registered
with the
Registry of
Deeds.

Bibliography

Simbahon, Robert, (2015), 'Situationer on Natural-Physical Environment

of the Ancestral Domain of Mandaya Tribe of Lupon, Davao Oriental: A
Lyceum-Northwestern University Graduate Studies 40

Strategic Regulatory Governance', Action Research Policy Paper, Lyceum

Northwestern University, Dagupan City

APPENDICES
Lyceum-Northwestern University Graduate Studies 41

Interview with Sharon S. Balingit, CPA, Secretary to the Sanggunian,

Lupon, Davao Oriental. As part of the study, the researcher ask the
secretary about any approved or pending legislative measures that has
significance with the life of the indigenous peoples and its ancestral
domain.
Lyceum-Northwestern University Graduate Studies 42

Mayor Domingo A. Lim of Lupon, Davao Oriental, being interviewed by

the researcher about his programs and projects that will directly benefit
the tribal communities of his town.
Lyceum-Northwestern University Graduate Studies 43

Engr. Minda C. Brasilino, the Municipal Planning and Development

Officer (MPDO) providing vital information to the researcher about some
projects funded out from the Annual Investment Program (AIP). The
MPDO stresses out that the indigenous peoples is properly represented
in the Bottom-up Budgeting being member of Local Poverty Reduction
Team or LPRAT. With the IP involvement in the planning process for BUB
projects, they were able to access sufficient funding for various projects
for the different tribal communities.

Natural-physical environment of the Ancestral Domain

Lyceum-Northwestern University Graduate Studies 44

On our way going to the remote tribal communities of Sitios Tiumbukan

and Bislong to conduct meeting with the community elders and leaders.
Ascending to an elevation of more than 1000 above sea level at a travel
time of almost 4 hours riding with habal2.
Lyceum-Northwestern University Graduate Studies 45

Horseback riding is the only mode of transport in going to the tribal

community of Matigdao. Matigdao is the farthest IP settlement in Lupon,
Davao Oriental.
Lyceum-Northwestern University Graduate Studies 46

Primates still wander around in some areas of the ancestral domain but
may soon disappear.
Lyceum-Northwestern University Graduate Studies 47

Abundance of streams and falls along the way to the ancestral domain.
Lyceum-Northwestern University Graduate Studies 48

Slash and burn farming system of the indigenous peoples that only last
for 2 to 3 croppings and will be abandoned as a nomadic practice of the
tribe.
Lyceum-Northwestern University Graduate Studies 49

Large trees being cut down by illegal loggers in Matigdao.

Lyceum-Northwestern University Graduate Studies 50

Small Scale Mining Activity in Mt. Baliling, Calapagan

Extracted gold ore in plastic bags filed-up in the portal of a tunnel ready
for transport to the nearby processing plant.
Lyceum-Northwestern University Graduate Studies 51

A depiction of the extreme exploitation of the ancestral domain.

Ore processing plant anywhere and everywhere.

Lyceum-Northwestern University Graduate Studies 52

Small scale Mining activities in Calapagan “a golden opportunity but a

risky investment”. A business climate in the ancestral domain that offer
less economic benefits to the indigenous peoples.

Over the years of mining, contamination can be seen in this once pristine
creek.
Lyceum-Northwestern University Graduate Studies 53

Siltation as a result of unregulated small scale mining activities in Mt.

Baliling, Calapagan.
Lyceum-Northwestern University Graduate Studies 54

Landslide are common sightings in the ancestral domain due to mining

activities.
Lyceum-Northwestern University Graduate Studies 55

Community Meeting and Focus Group Discussion

The researcher attending a regular meeting of the Barangay Tribal

Council of Barangay Don Mariano Marcos.
Lyceum-Northwestern University Graduate Studies 56

Attending assembly meeting of the indigenous cultural communities of

Sitio Matigdao. The researcher immerse with the community for 2 days.
Lyceum-Northwestern University Graduate Studies 57

Listening with the on-going discussions about the ancestral domain with
the tribal community in Sitio Matigdao.
Lyceum-Northwestern University Graduate Studies 58

Meeting with IP community at Sitio Tiumbukan, Lupon, Davao Oriental

Lyceum-Northwestern University Graduate Studies 59

Tribal elders are comfortably exchanging fruitful discussions with the

researcher. This was during the conduct of Focus Group Discussion held
in Barangay Tribal Hall, Calapagan, Lupon, Davao Oriental.
Lyceum-Northwestern University Graduate Studies 60

Mayor Domingo A. Lim during the dialogue with the indigenous peoples
and mining company on May 22, 2015. Acting upon the petition of the
IP’s of Barangays Capalagan and Don Mariano Marcos concerning the
unauthorized entry of Golden Summit Mining Company in the ancestral
domain and the excessive use of dynamite. At the end of the dialogue,
the company is then ordered to stop their operation. The dialogue was
also attended by concern government agencies like, Mines and Geo-
Science Bureau, Philippine Army, PNP, DILG and some SB members.
Lyceum-Northwestern University Graduate Studies 61
Lyceum-Northwestern University Graduate Studies 62
Lyceum-Northwestern University Graduate Studies 63
Lyceum-Northwestern University Graduate Studies 64
Lyceum-Northwestern University Graduate Studies 65
Lyceum-Northwestern University Graduate Studies 66
Lyceum-Northwestern University Graduate Studies 67
Lyceum-Northwestern University Graduate Studies 68
Lyceum-Northwestern University Graduate Studies 69
Lyceum-Northwestern University Graduate Studies 70
Lyceum-Northwestern University Graduate Studies 71
Lyceum-Northwestern University Graduate Studies 72
Lyceum-Northwestern University Graduate Studies 73
Lyceum-Northwestern University Graduate Studies 74
Lyceum-Northwestern University Graduate Studies 75
Lyceum-Northwestern University Graduate Studies 76
Lyceum-Northwestern University Graduate Studies 77

CURRICULUM VITAE

Information:

Name : Robert Robedillo Simbahon

Date of Birth : July 20, 1961

Place of Birth : Lupon, Davao Oriental

Sex : Male

Citizenship : Filipino

Civil Status : Married

Address : Quezon Street, Lupon, Davao Oriental

Email Address : [email protected]

Employment Status : Co-terminus

Position : Indigenous Peoples Mandatory Representative

: Ex-oficio member

Agency : Sangguniang Bayan

Education:

Elementary : Tagugpo Elementary School

Tagugpo, Lupon, Davao Oriental - 1968-1974

Secondary : Lupon Municipal High School- 1974-1978

College : University of Mindanao Davao City -1978-1985

Course : Bachelor of Science in Civil Engineering

(undergraduate)
Lyceum-Northwestern University Graduate Studies 78

College : Bukidnon State University

Malaybalay City, Bukidnon - 2014

Course : Bachelor of Public Administration

Graduate Studies : Lyceum North-Westren University – 2015

Dagupan City

Course : Master in Public Administration

Eligibilities:

 RA 10156 – An act conferring upon members of the Sangguniang

Bayan, Sangguniang Panlungsod and Sangguniang Panlalawigan, the
appropriate civil service eligibility under certain circumstances and
for other purposes.

Work Experience:
 From 2012 to Present- IP Mandatory Representative- LGU Lupon
 From 2010 to 2011- Executive Assistant IV - LGU Lupon
 From 2001 to 2010- Municipal Councilor - LGU Lupon
 From 1999 to 2000- Community Organizer - NGO
 From 1996 to 1998- Secretary to the Mayor - LGU Lupon
 From 1988 to 1995- Municipal Councilor - LGU Lupon

Association/Organization Membership:
 Philippine Society of Public Administration (PSPA)- Member
 League of IP Mandatory Representative-Mindanao – President
 Lupon Mandaya Tribal Council – Tribal Chieftain

Trainings and Seminars attended:

 Regional Indigenous Peoples Mandatory Representative Conference

on IP MNCHN Project- Mindanao
Lyceum-Northwestern University Graduate Studies 79

May 5-6, 2015

Royal Mandaya Hotel, Davao City

 Advocacy on Transition Strategy with SB and SP Chairpersons on

Social Services
September 9-10, 2014
Marco Polo Hotel, Davao City

 Intercultural Exchange: Engaging ICCs/IPs and Program

Development, Implementation and Evaluation.
September 1 – 5, 2014
Camelot Hotel, Mo. Ignacia St. Quezon City

 Seminar/Workshop on the Revision of Comprehensive Land Use

Plan (CLUP) and Zoning Ordinance (ZO)
April 28- May 2, 2014
Crown Regency Residences, Cabaguio Ave., Davao City

 International Conference of Asian Association of Public

Administration (AAPA)
February 6-8, 2014
Mandarin Plaza Hotel, Cebu City

 Regional Conference of Solemnizing Officers/Elders on Civil

Registration
June 10-11, 2014
Pinnacle Hotel and Suites, Sta. Ana Avenue, Davao City

 Strengthening Advocacy of Lumads in Government

March 11-15, 2013
Mergrande Ocean Beach Resorts, Davao City

 Seminar on the Framework Agreement of the Bangsamoro

May 21 - 22, 2013
Royal Mandaya Hotel, Davao City

References:
Lyceum-Northwestern University Graduate Studies 80

Jocano F. Landa. Filipino Indigenous Ethnic Communities: Patterns,

Variations and Typologies. Manila: PUNLAS Research House Inc. 1998

Diokno, Jose W. – A Nation for our Children. Quezon City: Claretian

Publications

Online Writing Lab, Roane State College

Raro, Oscar G. Reflections on Law and Custom. San Beda Graduate

School of Law Journal, April 2008.

NICP Administrative Order 01, Series of 1998

Lloyd, Dennis, The idea of Law 288-231

EC-Philippines Strategy Paper 2007- 2013

NCIP Administrative Order No. 1, Rules and Regulations Implementing

Republic Act 8371 (IPRA Law)

Commonwealth Act 141, as amended, or the Land Registration Act 496

(Romualdo, 2012).

United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP)