LOCAL GUIDELINES FOR THE SELECTION OFINDIGENOUS PEOPLES

MANDATORY REPRESENTATIVE (IPMR) TO THE SANGGUNIANG PAMBARANGAY

AND OTHER POLICY-MAKING BODIES IN BARANGAYBALILI, MUNICIPALITY OF
MANKAYAN, BENGUET PROVINCE.

SECTION 1. TITLE. These guidelines shall be known as the Local Guidelines for the
Selection of the Indigenous Peoples Mandatory Representative (IPMR) to the Local
Legislative Council (Sangguniang Pambarangay) and other policy-making bodies of
Barangay Balili, Municipality of Mankayan, Province of Benguet.

SECTION 2. OBJECTIVE AND LEGAL BASIS. This Guideline is promulgated to set up

the directions, processes and mechanisms in the selection of the Indigenous Peoples
Mandatory Representative (IPMR) to the Sapid Sangguniang Pambarangay and other
barangay wide policy making bodies, pursuant to the 1987 Philippine Constitution and the
statute Indigenous Peoples Rights Act (IPRA) of 1997 with its subsequent Administrative
Orders or Circulars that were promulgated to implement the provisions, thus providing the
legal basis as follows:

2.1 Section 22, Article II, 1987 Philippine Constitution provides that “the State
recognizes and promotes the rights of indigenous cultural communities within the
framework of national unity and development”.

2.2 Section 17, Article XIV, 1987 Philippine Constitution – the state shall recognize,
respect and protect the rights of the Indigenous Cultural Communities (ICCs), to
preserve and develop their cultures, traditions and institutions. It shall consider
these rights in the formulation of national plans and policies.

2.3 Section 16 of Republic Act No. 8371 known as the Indigenous Peoples Rights Act
of 1997. Indigenous Cultural Communities/Indigenous Peoples (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 legislative
councils;

2.4 Section 6, Part I, Rule IV of the National Commission on Indigenous Peoples

(NCIP) Administrative Order No. 1 Series of 1998 which is the Implementing
Rules and Regulations of R.A. No. 8371, provides that the ICCs/IPs shall be
provided mandatory representation in all policy-making bodies and other
legislative councils. The ICCs/IPs representation shall be proportionate to their
population, and shall have the same privilege as the regular members of the
legislative bodies and/or policy making bodies;

2.5 NCIP Administrative Order No. 03, Series 2018, “Revised National Guidelines for
the Mandatory Representation of Indigenous Peoples in the Local Legislative
Councils and Policy-Making Bodies;

2.6 Department of Interior and Local Government (DILG) Memorandum Circular No.
2010-119, dated October 20, 2010 directing the Provincial Governors,
City/Municipal Mayors, Punong Barangays and other offices concerned to strictly
observe the mandate of Republic Act No. 8371, specifically, ICC/IP mandatory
representation in the local sanggunian.

SECTION 3. DEFINITION OF TERMS. Aside from the definitions by IPRA and its IRR, the
following terms are defined for purposes of this Local Guidelines:
3.1 Mankayan Ancestral Domain-shall refer to all areas generally belonging to the
IPs of Mankayan municipality as surveyed and documented by NCIP-CAR (CADT
Registration Certificate No. R-CAR-07-0003).This also refers to the Ancestral
Domain defined in Chapter II, Section 3 (a) of RA 8371.

3.2 Indigenous Peoples Organization (IPO)-refers to any Indigenous peoples’

organization within the Ancestral Domain of Mankayan.

3.3 Mankayan Indigenous Peoples/ Indigenous Cultural Communities

(MIPs/MICCs)- refers to the Kankana-eys, the original ethnic groups or tribe`s
inhabitant and owner of the Mankayan Ancestral Domain.

3.4 Mankayan Ancestral Domain Indigenous Peoples Organization (MADIPO)-

refers to the main organization of the Kankana-eys in Mankayan municipality/
Ancestral Domain members of which are the Kankanaey IPs and owner of the
Mankayan Ancestral Domain and being represented by the IPO officers/
Elders/Leaders from the twelve(12) barangays.

3.5 Balili Indigenous Peoples Organization (BIPO)- refers to the organization of the
Kankana-eys in Barangay Balili, and the barangay arm of the MADIPO having an
officer coming from the seven (7) areas of Barangay Balili.

3.6 Elders/Leaders-they are called “pangpango-an”, or an elder indigenous woman

or man who emerged from the unwritten dynamics of customary laws and
practices; They evolved from a lifestyle of conscious assertion and practice of
traditional values and beliefs, hence they are a recognized person in authority
over conflict resolution and peace-building processes implying spiritual practices,
rituals and ceremonial community in decision making processes aimed at
protecting their people and promoting the sustainable development of their
community and people identified and recognized.

3.7 Area with Representatives - they are the twenty-one (21)selected

representative, from the seven (7) areas who are with at least three
representatives per area. These elders/leaders were duly endorsed by the IPs
from their respective area and are residents of the same.They are the recognized
Elders/Leaders from their respective areaas a person having a certain degree of
wisdom, integrity, esteem, dignity, and generally relied upon and trusted by the
community members as their leader in the pursuit of their concerns and the
protection/advancement of the IPs rights.

They are tasked to:

a) Participate in the formulation, ratification of the Balili Barangay IPMR Local

Guidelines;
b) Select the IPMR;
c) Resolve protest; and
d) Do other related functions on IPMR concerns.

3.8 Tongtongan-refers to the customary practice of the IPs of the Ancestral

Domain/Municipality of Mankayan in resolving or settling issues, disputes or
conflicts by conferencing or gathering together to discuss or deliberate on a
particular subject matter until the concerned parties agree or meet at certain point
or consensus, and usually a win-win solution. This process is usually started or
opened and concluded with a prayer “madmad”. Opening and concluding ritual is
usually done by a native priest called “manbonong” or any elder/leader.

3.9 Indigenous Peoples Mandatory Representative (IPMR)- refers to any person

from among the twenty-one (21) Barangay Elders/Leaders selected under this
 local guidelines as representative of the Indigenous Peoples (IPs) Indigenous
Cultural Communities (ICCs) to the Barangay council of Balili.

3.10 Ad Hoc Selection Committee- refers to the five (5) member committee, (a
Chairman, a secretary and 3 members) that shall be created by the twenty-one
(21) area representatives or Balili Elders/Leaders, to facilitate the selection of the
IPMR whenever a selection process activity is undertaken. They shall be selected
from any of those present or attendees during the assembly. None BIPO
members maybe selected to help facilitate the selection process for neutrality
reason also. Ad Hoc Selection Committeedetermines if there is quorum then
they will proceed in the selection of IPMR process.

3.11 Balili Community Assembly-refers to the gathering and or meeting of the

Indigenous Peoples and residents of Balili purposely for the selection of the area
representatives.

3.12 Area Elders/Leaders Representative Assembly-refers to the gathering and or

meeting of the twenty-one (21) selected Balili area representative purposely to
select Balili IPMR. Any barangay Balili resident/member (not among the seventy
(70) (Barangay Elders) may join the assembly but shall act as audience, witness
or observer only.

3.13 Amendment/s- refers to the revision to any provisions of this local guidelines.

SECTION 4. PARTICIPATION IN IPMR SELECTION. Only the twenty-one (21) Balili

Elders/Leaders selected IPO representatives from the seven (7) areas of barangay
Balilishall participate in the selection process of the IPMR.

SECTION 5. SELECTION PROCESS.

5.1. Notice for Pre-Selection Process. The Balili Indigenous Peoples Organization
(BIPO)in coordination with the Barangay Officials, and NCIP, shall call for a Balili
Barangay Elders/Leaders meeting through notification in writing with the “IPMR
selection” as main agenda, and the following shall be the output and/or concern of
the said meeting:

5.1.1 Set the date of the:

(a) BaliliCommunity Assembly/ NCIP(to conduct Information Education
Campaign (IEC)
-to conduct IEC formulation of local guidelines and possible ratification
- to select the area representatives.
(b) Area elders/leaders RepresentativeAssembly(to select the Barangay
IPMR) which shall be at least seven (7) days or more, after the
elders/leaders meeting. (This is applicable only to the very first selection of
the Balili IPMR) or,

Set the date of the area elders/leaders representative assembly which shall
be at least six (6) months before the expiry of the term of the incumbent
IPMR. (This shall apply to the second (2 nd and ensuing IPMR selection
process).

5.1.2 Letter to the NCIP and the DILG to attend the selection and assist the
BIPO/MADIPO in the documentation and selection processes;

5.2. The selection shall be held at the Balili Barangay Hall, Mankayan, Benguet and to
be attended by the twenty-one (21) Balili Elders/Leaders who were endorsed by
 their respective area. They shall have the power and authority to participate in the
selection of theBaliliIPMR.

5.2.1 It shall be understood that there are three representatives per area with two
alternate in case any of the first three representatives weren’t able to attend
to complete the quorum with IP’s written endorsement. It carries with it the
authority and power to decide in behalf of the IPs of his/her sitio, they being
the persons selected and accorded with the trust and confidence of their
people;

5.2.2 The elders/leaders gathered numbering not less than twelve (12) who
signed the attendance sheet constitute a quorum for the said community
assembly.

5.3. The Area Elders/Leaders Representative Assembly. The Assembly shall be

presided by any of the BIPO/MADIPO Officers that shall be selected by the
Elders/Leaders themselves during the assembly.

a. After the preliminary activities of the assembly, twenty-one (21)

Elders/leaders shall select/appoint an Ad Hoc Committee Chairperson to
preside and facilitate the selection process;

b. Once the chairperson is selected/appointed, the presiding officer (of the Area
Elders/leaders Representative Assembly) shall immediately relinquish the
floor to the Ad Hoc Committee Chairperson for the selection process/es;

5.4.Ad Hoc Committee.

a. The selected Ad Hoc committee chairperson shall appoint four (4) members
from among the attendees or those present during the assembly a secretary
and 3 members to assist him/her in the selection activities;

b. All Ad Hoc committee members must not be a candidate.

c. Ascertain/establish the authenticity and qualifications of the Barangay

representatives (as per Endorsement of the area people/ IP’s) in coordination
with NCIP representatives.

5.5. Ad Hoc Committee functions/ responsibilities:The Ad Hoc Committee on

Selection shall validate/ conduct the following:

a. Facilitate the selection/ process/es;

b. Determine if there is a quorum (Quorum shall be based on the twenty-one
(21) Elders/Leaders area representatives)
c. Ascertain/validate the qualification/disqualification of the aspirant/s
candidate/s and affirmation of the same pursuant to Sec.6 and Section 7 of
this local guidelines.
d. Proclaim the selected IPMR, and do other related functions as deem
necessary.
e. When the IPMR is selected and proclaimed and after other related
activity/ies is done, the Ad Hoc Committee Chairperson shall relinquish the
floor back to the presiding officer of the Area Elders/Leaders
Representative Assembly for other agenda/concerns;

5.6. Campaign Period. Each “qualified” candidate shall be given at least ten (10)
minutes to introduce her/himself and present his/her legislative agenda or plans,
programs and activities for the IPs of Barangay Balili(In other words, this is the
only time allowed for the aspirants to “campaign”)
 5.7. All expenses incurred during the selection process shall be shouldered by the
incumbent IPMR.

5.8. Qualified and interested candidate may file or manifest his/her candidacy or may
be nominated by any of the twenty-one (21) elders/leaders during the selection
process.

5.9. In the selection of the IPMRs, the Balili Elders/Leaders shall endeavor to exercise
the customary practice of “tongtongan”. If there is only one (1) aspiring candidate
for the IPMR, the Elders/Leaders shall immediately determine his/her
qualifications and, if qualified, declare his/her selection as IPMR to the office
he/she is aspiring for.

5.10.If there are more than one (1) aspiring qualified candidates for the IPMR, the
assembly shall convene and select from among the aspiring candidates of the
IPMR to serve for the particular position taking into account the Indigenous ways
or practices of selection by way of secret balloting by writing in the ballot the name
of the candidate they choose.

5.11.The Balili Indigenous Peoples Organization (BIPO) / Mankayan Ancestral Domain

Indigenous Peoples Organization (MADIPO) officers shall assist the selected
IPMR on his/her oath taking and/or assumption to office.

SECTION 6. COMMUNITY CONFIRMATION. The result of the selection during the

community assembly in which an IPMR was selected is deemed to be the community
confirmation for such person to be the IPMR in the Barangay council of Balili.

SECTION 7. QUALIFICATION OF IPMR ASPIRANT. No person shall be selected as

IPMR unless he or she possesses the following qualifications to wit:

7.1. He/she must be a natural born Kankana-ey Filipino citizen;

7.2. He/ She must be a registered voter of Barangay Balili;
7.3.He/ She must be at least thirty(30)years of age during the selection process;
7.4. He/ She must be among the twenty-one (21) Balili elders/leaders duly endorsed by
the IPs in his/her area for the purpose of the IPMR selection;
7.5. Aspirant must be an acknowledged leader and has continuously engaged inthe IPs
undertakings, setting up track record of services to the IPs of which he is a
member;
7.6.Must be able to read and write;
7.7. He/ she must be a resident in the community for the last ten (10) years
continuously without interruption for the period immediately preceding the time of
selection;
7.7.Must be knowledgeable of the practices and respect the customary ways of the IPs
to which he is a member; and
7.8. Traditional politicians or elective officials may be qualified but must be inactive for
at least three (3) years or more after his/her last day in office.

SECTION 8. DISQUALIFICATIONS. Any IPMR aspirant suffering from or characterized by

any one of the following circumstances shall not be eligible to represent the Balili IPs/ICCs:

8.1. Aspirant should not have violated any one of the following:
a. For violating their customs, traditions and institutions; and
b. Disrespect the Ancestral Domain Indigenous Organization.
 8.2. Incumbent official, elective or appointive, or employees in any of the Local
Government Unit – Barangay, Municipality or Province, or government agencies,
instrumentalities or controlled corporations, including private corporations wherein
his/her function requires daily reporting from Mondays to Fridays;
- This is to ensure work focus and attention for the ICCs/IPs and avoid the
double compensation issue and other matters.
8.3. IPMRs (selected or candidate) (after due process) who had been found to have
violated any prohibited acts as per this guideline;
8.4. Removed from office as result of administrative case or has pending
administrative case;
8.5. Sentenced by final judgment for an offense involving moral turpitude or for an
offense punishable by one (1) year or more of imprisonment;
8.6. Convicted by final judgment for violating the oath to the Republic of the
Philippines;
8.7. Fugitive from justice inside or outside the country;
8.8. Possession of dual citizenship;
8.9. Permanent resident of in a foreign country or has acquired the right to reside
overseas and continues to avail of the same right;
8.10.Insane or feeble-minded based on the findings of competent authorities;
8.11.Drug addict/user;
8.12.Should not have held any office in the Government 1 year prior to the selection
process;
8.13.Affiliation to any political party or soliciting support from politicians; and
8.14.Losing candidate to any immediately preceding national or local election.

SECTION 9. PROHIBITED ACTS AND SANCTIONS. Strictly Prohibited are the following
acts that can be basis for disqualification or removal:

a. Promising or giving of money, gifts, or anything of value to any of the twenty-one

(21) area elders/leaders representatives that may influence their decision.
b. Campaigning activities (house to house or any other means) is strictly
prohibited. Campaigning shall only be done during the IPMR selection of the
area elders/leaders assembly.
c. Any IPMR (incumbent or candidate) who violates this provision shall be
penalized and a ground for disqualification, suspension, termination, removal
from office, recall, and other forms/means as maybe decided by the majority of
twenty-one (21) Balili Elders/Leaders representatives depending on the severity
of the violation/s.

SECTION 10. PROTEST. In case of protest, the selected IPMR shall remain as such and
can only be recalled or terminated when the decision or verdict reached by the Sapid
Elders/Leaders representatives is recall or termination. This is if the protest were found
meritorious after exhausting all means through their “tongtongan” processes which is
deemed final.

10.1 Any protest shall be filed within Fifteen (15) days from the date of the selection
of the IPMR, otherwise, protest filed after the stated period, shall not be
entertained. However, protest must be discouraged as a respect to the decision
of the elders/leaders;
 10.2 The protest must solely be on the SELECTION PROCESS and/or the
SELECTED IPMR and it shall be resolved through the “tongtongan” system of
the BaliliElders/Leaders representatives. The decision of the Elders/Leaders is
deemed final and executory;

10.3 The Protester/s shall file their protest to the BIPO/MADIPO, copy furnished the
Balili Punong Barangay, Balili Council; Mankayan Municipal Local Government
Operations Officer (MLGOO) and the NCIP Atok Service Center;

10.4 The Protester/s must be a member of the twenty-one (21) Elders/Leaders who
participated in the selection of the IPMR or any of the BIPO Members.

10.5 Protester/s shall shoulder all the expenses of the litigation/proceedings or

“tongtongan” processes and as such, he/she must deposit an initial amount (that
shall be decided by the BaliliElders/Leaders representatives) with the BIPO
Treasurer and to be increased depending on the “tongtongan” of the Balili
Elders/Leaders representatives and the merit of the case; Any unspent or
remaining deposited amount shall solely be upon the discretion/decision of the
BaliliElders/Leaders representatives whether to return or spend the money for
customary practices or otherwise;

10.6 If the decision of the Elders/Leaders is unfavorable to the protester, he/she may
exercise his/her right to elevate his/her protest to the NCIP Hearing Office or to a
regular court. However, filing of the complaint to the NCIP Hearing Office or a
regular court, is discouraged and that the “tongtongan” system must be the
primordial tool in the settling of conflict/dispute, thus it must be respected;

10.7 Any protest/s shall not bar the NCIP from issuing the Certificate of Affirmation
(COA); and,

10.8 Nor the protest be a basis to hold in abeyance or prevent the IPMR’s
assumption to office and the processing of any requirements thereof.

SECTION 11. ASSUMPTION TO OFFICE

11.1 Oath. The selected IPMR shall take the appropriate oath before an authorized
officer once his/her certification of affirmation was issued by concern NCIP
Benguet Provincial Officer

11.2 Assumption to office shall take place as soon as the IPMR took oath before an
authority officer and likewise furnish a copy of his/her certificate of affirmation to
the office of the BIPO/MADIPO/MLGOO/ NCIP as file and reference.

11.3 In the event that the succeeding IPMR fails to comply with all requirements and
the Certificate of Affirmation in order to assume office, the sitting/incumbent or
current IPMR shall sit on a Hold-Over capacity until the newly selected IPMR is
allowed to take over.

SECTION 12. POWERS, DUTIES AND FUNCTIONS. The followings are the Powers,
Duties and Functions of the IPMR of Balili:

12.1 The powers, duties and functions of the selected Barangay IPMR shall be the
same as that of the regular members of the local Barangay legislative councils
as provided in the Local Government Code of 1991 (R.A. 7160) and other
applicable laws. More importantly, the IPMR shall focus on:

a. The representation of the collective interest of all tribes in the Barangay;

b. Ensure support for the sustained constitution and operations of the
BIPO/MADIPO;
 c. Assist the BIPO on capacity building and strengthening of the same;
d. Support the maintenance, development and promotion of the practices of the
ICCs/IPs traditional leadership titles and structures, justice system, conflict
resolution institutions, and peace building mechanisms and processes that
are compatible with the national legal system and with internationally
recognized human rights. (Sec. 8, NCIP AO3, S.2018); and
e. Attend meetings and/or the Assembly of BIPO and shall give reports/updates
on the performance/s, accomplishment of his office as IPMR.

SECTION 13. TERM OF OFFICE, REMOVAL/RECALL/REPLACEMENT: The following

provisions arethe terms of office and grounds for removal, recall or replacement of the
IPMR.

13.1 The term of office of the IPMR in the local legislative councils or policy- making
bodies shall be for a one (1) term only equivalent to three (3) years, reckoned
from the date of assumption to office and cannot be re-endorsed/ reselected.
13.2 TheIPMR can be removed/replaced anytime by the Balili Elders/Leaders
representatives who selected him/her to the position in accordance with this local
guideline:
13.3 Unjustified, unauthorized absences for three (3) consecutive Local Legislative
sessions without valid reasons;
13.4 Dishonesty, misrepresentation, misconduct in office, gross negligence or neglect
of duties and responsibilities as IP representative;
13.5 Abuse of authority, committing acts or issuing detrimental statements that are in
conflict with the interest of the ICCs/IPs;
13.6 Acts or omissions amounting to disrespect of IP customs and traditions;
13.7 Perjury and falsification of official documents related to the function of the IPMR;
13.8 Conviction on any offense punishable by imprisonment or suffering from or
characterized by any of those circumstances enumerated in Section 8;
13.9 Officers who willfully and knowingly vote for or assent to patently unlawful acts, or
who are guilty of gross negligence or bad faith in directing the affairs of the
BIPO/MADIPO, Barangay ICCs/IPs or COELs or acquire any personal or
pecuniary interest in conflict with their duties as officers shall be removed as
member and disqualified to represent the ICCs/IPs in his/her community;
13.10 When an officer attempts to acquire in violation of his duties, any interest or
equity adverse to the ICCs/IPs in respect to any matter which has been reposed
in him/her in confidence, he/she shall, as a trustee, be liable for damages or loss
of profits which otherwise would have accrued to the BIPO/MADIPO shall
likewise be disqualified as Barangay or area representative.

SECTION 14. VACANCY

14.1 In case of IPMR vacancy, by reason of removal, termination, resignation, death

or incapacity, the Balili elders/leaders representatives shall again convene to
select the IPMR who shall fill up the vacancy in accordance with selection
process in Section 5 of this guideline.
14.2 The selected successor/substitute IPMR, shall serve unexpired term of his/her
predecessor in office. However, if the unexpired term is less than six (6) months,
the Balili elders/leaders shall instead select a successor for a full term of office

SECTION 15. DISCIPLINARY ACTION. The sitting or incumbent IPMR may be

disciplined and consequently removed from office based on any of the following grounds:
 15.1 IPMRs who had been found to have violated any of the Prohibited Acts as per
this guidelines shall be Perpetually Disqualified as IPMR, area representative,
and or Mankayan Elder/Leader;

SECTION 16. SEPARABILITY CLAUSE. In case any provision or portion of this Local
Guidelines is declared unconstitutional by a competent court, other provisions not so
declared shall not be affected and shall have full force and effect.

SECTION 17. AMENDMENT. Amendment/s to any provision of this local guidelines may
be initiated anytime by any member of the Council of Elders/Leaders by filing such
proposed amendment/s in writing to the BIPO/MADIPO office. BIPO/MADIPO officials in
coordination with the IPMR shall convene theBaliliElders/Leaders representatives to
deliberate on the proposed amendment/s.

Amendment/s shall take effect only upon the adoption by at least majority of the Balili
Elders/Leaders representatives. The ratification by a majority of those
Barangay/community Elders/Leaders present.

SECTION 18. EFFECTIVITY. This Local Guidelines shall take effect immediately upon
ratification by majority of the members of the Balili Elders/Leaders representatives.

Ratified this 10th of February, 2022 at the Balili Barangay Hall, Mankayan, Benguet
Province.

TIRSO P. TIP-AC RENATO A. HORA ALOB D. GALANDE

ELDER ELDER ELDER

GERALD B. GALINO ARIEL M. BENTADAN ALBERT CATNAS

ELDER ELDER ELDER

GUNDINA W. LIMOG EDGAR A. PATANGAN ALFREDO V. MALOTE

ELDER ELDER ELDER

EDMUND D. UDACION BEN S. BALONG-ANGEY FRANKLIN P. ENNEN

ELDER ELDER ELDER

ALFREDO O. DAMOSLOG JR. AUGUSTO S. PASIAN RAMON T. GANGA-EY

ELDER ELDER ELDER

CURPOZ B. MARIANO ALBAN E. BALINTAN JOHN P. NGASEO

ELDER ELDER ELDER

JERRY D. ANASAN BALANGCOD O. PALALAG AUGUSTA B. LICUD

ELDER ELDER ELDER