Cavite State University
Don Severino De Las Alas Campus, Main
Indang, Cavite
“A Descriptive Analysis of the Killings of
Datu Victor Dayan and the Lumad People”
A Term Paper
Presented to Faculty and Staff of
College of Arts and Sciences
And to
Mr. Vertine Paul Beler
In Partial Fulfilment of the Course
Int’l Human Rights and Humanitarian Law (POSC55)
And for the Degree
Bachelor of Arts in Political Science
Abelardo C. Cordenete
November 2018
Table of Contents
Chapter I
I. Historical Background
II. Lumad in Mindano
III. Political Culture
Chapter II
I. Killing of Datu Victor Dayan and the Lumad People
Chapter III
I. Conclusion
Acknowledgement
The researcher would like to thanks the Almighty Father who
is omnipotent, omnipresent, omniscient, and omniscience in the
process of making this paper.
The researcher would like to extend his gratitude to Mr.
Vertine Paul Beler for the wise teaching methods imposed towards
his student in order for the practical application of the
lessons.
To the classmates of the researcher who had contributed for
the development of the term paper.
Abstract
The paper wishes to analyze the case of Datu Victor Dayan
through a descriptive case analysis, the head of tribe called
Lumads. An example of violation of Human Rights in the
Philippines involving Indigenous People.
Chapter I
I. Historical Background
About the 11th century, called the “emergent period” by
the anthropologist, F. Landa Jocano, the dynamic
interactions between the indigenous cultural elements and
that of the migrants brought about the eventual narrowing
down into distinct ethnic groups. Pigafetta, Magellan’s
chronicler in 1521, mentioned four Mindanao groups as:
Caragan, Mandanaos, Lutaos, Subanus and Dapitans.
Apparently, the Caragans were found in the Misamis Oriental,
Agusan, Bukidnon area. The Mandanaos in Central Mindanao;
Lutaos in Zamboanga del Sur and Basilan; Subanus and
Dapitans in Zamboanga del Sur and del Norte; and the
Dapitans in Zamboanga del Norte provinces as these are
called today.
Called ” infieles” during the Spanish regime, the
subjugation of the Lumads was equally important as that of
the Muslims. Thus, Jesuit missions were established near
infieles territories. They were found among the Tiruray in
Cotabato; among the Subanons in Dapitan; among the Manuvus
and Caragans in Misamis and Surigao; and among the Bilaans
in Davao.
Economically, Lumads practiced swidden agriculture
depending on the land’s productivity. Communal sharing of
resources based on the belief of the sacredness of land and
nature as divine endowments define their relationship with
their environment. Their socio-political arrangements were
varied. The Mandaya were led by their bagani or warrior
while the Bagobos, Manuvu as well as most of the Lumads by
their datu. The Datu’s subjects were his sacops. The Lumad
remained isolated and withdrawn from the hills and forest
that were difficult to penetrate. The Spanish colonial
strategy was to begin colonization along the coast towards
the plains for purposes of trade and political
consolidation. During the Revolution of 1896, Lumads joined
a band of deportados and boluntarios who started a mutiny in
Marawi City against their Spanish superiors. They roamed the
Misamis Oriental area, harrassing and wrecking havoc on
Chinese and Spanish-owned business establishments. They were
fully armed and looked “healthy”. They were led by an armed
Lumad named Suba who had his own trumpeteers announce their
coming. They were later known to have joined a group of
rebels on the Agusan area who left to join the Katipuneros
of Luzon1.
1
http://ncca.gov.ph/about-ncca-3/subcommissions/subcommission-on-
cultural-heritagesch/historical-research/lumad-in-mindanao/
II. Lumad in Mindano
The Lumads in Mindanao resisted against American
colonization. In 1906, Gov. Bolton of Davao was murdered by
the Bagobos in the area. Between 1906-1908 the Tungud Movement
of the Lumads in Davao spread through Agusan and Bukidnon. A
Subanon uprising against the Americans occurred between 1926-
27. The coming of the Japanese in Davao was resisted by the
Bagobos between 1918 to 1935 as the latter threatened to
displace them from their homelands for business purposes. When
American rule was consolidated, a systematic policy to
integrate Mindanao and Sulu began. Lumads and the Muslims were
grouped under a tribal system. In Davao there were 6 (Ata,
Guiangga, Mandaya, Manobos, Tagakaolo); 18 in Cotabato, 13 in
Lanao; 9 in Sulu; 5 in Zamboanga; 56 in subdistricts. The
District Governor who headed the wards had a deputy in the
person of the Lumad datu. Moreover, American rule and later
during the Commonwealth, the Lumad landscape changed. For
instance in the plains of Tupi and Polomolok in South
Cotabato, Blaan Lumads gave way to the Dole pineapple
plantations; Higaonons and Talaandigs who thrived by the
plains of Bukidnon were neighbors to the Del Monte
plantations. By the 1960’s bulldozers, cranes and giant trucks
were ubiquitous in the area of the Banwaons. Foreign
agribusiness covered a thousand to 3,000 ha. of Lumad lands in
Bukidnon-Davao area. Thus, concern for the Lumads in Mindanao
during the contemporary times focused on the development
projects that threaten to displace the Lumads from their
homeland. An example of this is the hydroelectric project of
the PNOC based in Mt. Apo which is being resisted by the
Bagobo in Davao. Legislations for the protection of ancestral
lands by the cultural communities had been passed by Congress.
Senate Bill 1728, sponsored by Juan Flavier entitled,
Indigenous People’s Rights Act (IPRA) of 1997 seeks to
“recognize, protect and promote the rights of indigenous
cultural communities and to appropriate funds for the purpose.
III. Political Culture
Lumad is a Filipino-Bisaya term meaning "native" or
"indigenous," and is the self-ascription and collective
identity of the non-Islamized peoples who are said to be the
original habitants of the island of Mindanao.1 The term is
short for Katawhang Lumad (literally, "indigenous peoples"),
the autonym officially adopted on 26 June 1986 by delegates to
the Lumad Mindanaw People's Federation (LMPF) founding
assembly. The Lumad groups are a minority in the southern
Philippines, distinct from the majority Moro Islam people of
Mindanao. Not coincidentally, the places where the Lumads live
are also the country's last frontier in the hunt for natural
resources. Because they have so far remained protected from
mining and logging, the ancestral Lumad lands are said to have
the highest mining potential of all the islands and include
the last remaining uncut forests on Mindanao. Of the 23
priority mining projects under a government mining
revitalization program in Mindanao, most lie within the
ancestral lands of the Lumads. Aside from state-run mining and
logging, and despite laws like the Indigenous People's Rights
Act, big plantations and big corporations still manage to
encroach on this ancestral domain.
Chapter II
I. Killing of Datu Victor Dayan and the Lumad People
Datu Victor and the TAMASCO communities are long time
partners of the Legal Rights and Natural Resources
Center/Friends of the Earth Philippines in their struggle
against human rights violations by Consunji owned companies
encroaching on ancestral territory for coffee plantations and
coal operations. We send our heartfelt sympathies to their
families, friends and all those who support the struggles of
the T’boli–Manubo Sdaf Claimants Organization (TAMASCO)
communities.
The killing of Datu Victor was perpetrated a year after the
Consunji company was granted an extension to their twenty
five year coffee plantation permit that expired in 2016, An
extension granted through legal manipulation, without free
prior and informed consent from T’boli-Manobo communties. No
one gains from the death of Datu Victor and the T’boli-
Manobos other than Consunji’s corporate interests.
These murders came only a month after the commemoration of
the Philippine congress’ enactment of the Indigenous Peoples
Rights Act (IPRA) 20 years ago. Their deaths serve as an
indictment of the Philippine legal system, which remains
uncaring, irresponsive and ineffectual in upholding the
rights of indigenous peoples over corporate interests.
Chapter III
I. Conclusion
The Lumads have a great number of followers, including
independent organizations, scholars, religious groups, and
government agencies, which respect indigenous people's rights
and have shown support for the principle, "Leave them alone."
Some key Lumad leaders are renewing the call to respect their
rights as indigenous people of Mindanao. They describe how
tired they are of conflicts in which the strategy of "divide
and rule" is used against them, not only by the military and
the NPA but also by miners and local politicians. These
leaders say the Lumads are being treated as give-aways by
these powerful forces and have always been used as propaganda
for others' self-advancement.8 Although the military has
played a large role in empowering the Lumads to oppose the
communist rebels in recent times, the stigma of the time when
both the military and government officials exploited the
ancestral communities, lands, and natural resources of the
Lumads still lingers. But the Lumads in Mindanao generally
recognize that the Philippine military has changed to a
professional institution in recent years. The government's
strategy for peace and development has empowered the local
people to reject the NPA insurgency and oppose its influence.
The Philippine government has the duty to uphold the rule of
law equally for all citizens, especially if it hopes to have
their support against the violent communist insurgency. The
government's legitimacy should be reinforced in all parts of
the Philippines, including within the Lumads' ancestral lands,
not only by the security forces but also by all local
government agencies concerned with providing government
services. The Lumad communities must be empowered not only
with military training and arms but also with sufficient
social services, including education, jobs, roads, and basic
infrastructure to support their communities and tribes. For
their part, the security forces—both military and police—and
local politicians must avoid the culture of bribes and
personal advantages that lead to unequal treatment for the
indigenous people, including the exploitation of their lands
and natural resources2.
2
https://globalecco.org/the-lumads