REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF T}IE INTERIOR AND I,OCAT GOVERNMENT

Froncisco Gold Condominium ll
EDSA Cor. Mopogmohol S1., Dilimon
Quezon Cily
LEGAL SERWCE

DTLC Legal Opinion Nq.07. S. 2013

MR. BENJAMIN R. DOI\ATO
22 FEB 7n13

IP
IPD Office, Capitol Compound
l, Sarangani Province

This has reference to your letter dated 22 lanuary 2013 inquiring from
the
ment about the legal process for pa).ment of compensation and other
emoluments of
In rus Peoples Mandatory Representatives (IpMRs) to the sangguniang panlalarvigan
and er loca1 sanggunians in the prowince of Sarangani. Specifically, you posed ihe
querles:

rs there a need to create a position or prantirla for an Ip representative prior

to
allocation of fund?

what if
the concerned committee of the sangguruan does not pass a resorution
prowding appropriation for rP rept'esenntive? Are there any sanctions imoosabre
against any of these officials?

what is the role of DII'G office against those locarities vehementJv refuse to
recognize,/accept the chosen Ip reptesentatives?

What are the appropriate remedies if the sangguniang panlalauflgan or the loca\
chief
executive does not include the budget ofIpMR in the ensuing frscal yeafl

What at'e the processes of appt opriating fiLds for Ip reptesentative?,,

op
Regi

opinion of DBM-Regional office: "roo< said position (Indigenous peoples Mandatory

s) sha1l be creared which shall be adequately provided with funding
for basic salary, including the associated compensation attached to the

DILG Legal opinion No. 20, series of 20II: "(M)ay we emphasize thar the concerned
ian has to enact an ordinance providing for the appropriation of funcis for the
and other emoluments to be given to the concerned ICC/Ip representative."

Hence, your subject letter to this Depar.tment.

ee*aaaac* 20 7k4 4 ol Zo<.al Aaa*o*A t4, tlz phn@z*"t.

 As to your first query, we are of the view that there is no longer need on the part of
local government units (LGUs) to create a position or plantilia of Indigenous people
rtory Representatives (IPMIls) since section 161 of Republic Act No. g371, has bv itself
a seat for Indigenous Peoples/Indigenous culrura-l communities (Ips/ICCs)
repr ntative when it mandated the mandatory represenration of Ips/ICCs in policy-making
bodi and other local legislative councils. This was reiterated under section 6, part I. Rule
IV3 r the National commission on Indigenous peoples (NCIp) Admi'istrative
order No. 1,
seri€ of 1998a and secrion 8, Title IIs of NCIp Administrative order
No. 001. series of20096.

In view of such creation .f the position of IpMR under Republic Act No. g371, the
shall have the same compensation, benefits and other emoluments as the regular
ofthe concerned legislative bodies as prescribecl under Republic Act No. 7160?.

With regard to your second query, the concerned Sanggunians needs to enact rhe
Appropriations approprizrting therein funds covering the salaries and appropriate
and/or emoluments of the IPMR, not a mere resolution. This is pursuant to the

t76. Right to Participate in Decbion -Making. ICCs/Ips have the right to participate
fully, if they so
at all levels of decision-making in matters which may affect their rights, lives and
destjrries through
determined by tlrem as well as !o maintain and deverop trreir own indigenous poritical
strucrurJs.
ll the srare shall ersrue rhaL trre rCCs/rps shar be given rn"ndu,or7 ,"pr",ontariorr iu policy.
bodies and other local legislative councils.

krown as the "Indigenous Peoples'Rights Act of 1997,,.

6. Mandatory RePresentatior in Policy Maliag Bodies. The ICCs,/Ips shall be provided

mandatorv
rtion in all policy making bodies and in local legislative councils. IC(7Ip ,.preseltation
shaLl be
tionate to their population, and shall have the same priwileges as the regular members
of the legislative
and/or policy making bodies.

ICCi] representatives shall be qualified and chosen by their or.n comrnunities in

accordance with a process to
be de finined by them. In consultation with ICCs/IPs, the NCIP in c]ose coordination
with DILG shall come
UPV aPProPriate measures to ensure the full participation of lCCs/IPs in matrers
afTecting tlreir
devel rnt' Such measures shall also include the provision of techaical assisrance to develop "ICC/lp
rhe
ive's knowiedge of traditional socio-poritical systems, customary laws, justice
system and skills in
with non-IP governance and policy making.

K] and Regulations Implementing Repubric Act No. g371, otherwise krown as "The Indigenous peopres,
Rio Ao of I997."

8. Powers, Duties, Functions. The powers, duties and functions oflp Imandatory
represen tatives shall
be same as thlt oI tIe regular members of local legislative cotLncils
as provided in the Local CorerlmenL
Code or rvvl,.oflterwrse known as RA 7160. and other applicabJe laws. However, Ips mandarory
rep ives shall focus o' the representation or rl" ;;;;.J;;,'";;;;;""#;:
"ott".,tr"'ii'r;;;;;;
constitution and opetations of the IpcB in trreir respective areas of jurisdiction; arrd moi,'t*i. the
and practice of ICCs,rIPs traditionar readership drres and structures,
.iustice sysrems, confricc
institutions, and peace_buildiug mechanisras and processr,'s that are corapatible
with the national
and with inteinationally recognized human rights.

Guidelines lbr the Mardatory Representation of Indigenous peoples in Local

Legisrative counc s

6, Part I, Rule IV, NCIP AO No. 1, series of l99g; Section 13, NCIp AO No. 001, series of2009.
 ental pyincil'le 1;hder Rcpublic Act No. Z16Os wtrich staEes .trai: ..(N)o rnorley
shal-l be
Paid t of the local rreasury except in pursuance ofan appropdations
ordinance or law"e.

As already discussed abovr:, since the position of IpMR was crearecr and mandated
Republic Act No. 8371, we find the corresponding appropriation of their sararies
and
riate benefits and/or emoluments in the LGU's Appropriation ordinance arso
The unjustified failure or refusal by the Local chief Executive (LCE) and/or
to include an item in the Appropriations Ordinance covering the salaries and
riate benefits and/or emoluments of the IPMR is compelrable by mancramus pursuant
to ion 310, Rule 65 of the Revised Rures of court. Administrative charges may also
be
filed the concerned local elective officials pursuant to Section 60rr of Republic Act
No. 60 or Section 19'? of Republic Act No. 677013

klown as the "Local Government Code of 1991,,

n 305 (a), RA No. 7160.

:n 3, Rule 65, Revised Rules of Cotrt petition for nandamus._When any tribunal,
corporation, board,
or person ullawfully neglects the performance of an act wrrich the raw specifically
enjoins as a duty
ftom an office, trust, or station, or excludes another from the use and enjoyment of a right
to which such other is entitled' and ''lawfuny
there is no other plain, speedy and adequate remedy in ihe
course of law, the person aggdeved thereby may file a verified petition ir the proper
court, alleging
the with certainty and praying that judgment be rendered commanding the respondent, immediately
o-r ai
solfle rr time to be specified by the court, to do the act required to be done ro protect the righrs
of rhe
, and to pay the damages sustairred by the petitioner by reason of the wrongful acts of the respo'dent.

petition shall also contain a sworn cerrfication of non forum shopping as provided in the
thircl
of section 3, Rule 46. (3a)

60. Grounds fot Disciplinaty Actions. - An elective iocal officiai uray be discipliued, suspended,
or
from office on arry ol the following grounds:
(a) Disloyalty to the Republic of the philippines;
(b) Culpable violation of the Constitution;
(c) Dishonesty, oppression, misconduct in office, gross negligence,
or dereliction of dutyl
(d) Commission of any offense involving moral rurpirude or an offense punishable
by at least prision
mayor:
(e) A buse of authoriry;
(f) unauthorized absence for fiftee' (15) consecutive working days, except in the case
of members of
the sangguniang panlalawigan, sangguniang panlungsod, sangguniang bayan, and sangguniang
barangay;
(g) AppJication for, or acquisition ol foreign citizenship or resiclence or the starus of ar immigranc of
arrolheT country: and
(h) Such other groulds as may be provided in this Code arrd other laws.
local official may be removed from office on the grounds enumerated above by order of the proper
couft.

"s n 19,RA 6770 -A'Lm;n*trative Complaints.- The Ombudsman shall act on all cou:plairts relaring, bur
not to acts or omissions which:
(1) Ar$ contrary to law or regularion;
(2) Ar9 ulreasonable, unfair, oppressive or discriminatory;
 As regards your third query, please be informed that the I)epartmenr, being the
supervisor of all LGUs and their officials, has consistentlv reminded the LGUs'
ce to Republic Acr No, 837i, specifically on the mandatory representatior 0f
i' policy-making bodies and other local legislative councils. In fact, the
, in partnership with the NCIP, issued Joint Circular No. 001, series of 2011r+
the sanggunian concerned to appropdate frtnds covering the salaries an<i
e benefits and/or emoluments ofthe selected Ip/ICC representarive, which shall be
t similar to that received by the regular members of the local sanggunians as
under existing laws and at the same time giving u''to the concerned local chief
the responsibility of ensuring that fu'ds covering the salaries of the selected
IP/I are included in the executive budget which he shall submit to the sanggunian and in
the rual Appropriatior-rs thereafter enacted by the sangguniani5

Per the data provided by the NCIp and reporrs previously submitted by our Regional
, LGUs failed to recognize or accept the selected TpMR due to the following reasons:

a. Political reasons;
b. No funds are available to cover the salaries/compensations of the IpMR;
C. Loose and unleliable "Rules of Procedure" e'rbodying the tribal system in the
selection of IP represen tat ive,
d. Duly-appointed IPMRs themselves lack rhe competence required to fully
ventilate their concerns and sentiments during sanggunian sessions;
Sorne groups are claiming representation in local sanggunians but could not
present a certification from the NCIP;
IPsiICCs are recognized by the LGU but no representarion in local
sanggunians, LDC or any LSB;
During the selection process, there was no coordination between the Ips and
the DILG Fieid Officers assigned in the Municipalities; and
h. Some of the members of the local sanggunians are Ips themselves thereby
making IP representati.on technically plesent therein

Except to letter (a) above, it can be deduced that LGUs have the difficulty in
lmp enting the mandatory representation of IPs/ICCs in the local sanggunians for
und le reasons.

For cases falling under letter (a), it is advisable for rhe aggrieved party to file a
n for mandamus and appropriate administrative case/s as discussed above.

With regard to falling under letter (b), LGUs relayed ro us rhar they have
cases
diffi in appropriating funds for the IPMR since in doi.g so they will exceed the personal
Se limitation cap provided trnder section 325 1alre of Republic Act No. 7160. Be that as

elines for the Determination of the Minimum Threshold of Ip/ICC Population in a Local
Governmenr
Unit to Allow Mandatory Representarion in rhe Local Sangguniaus.

5.0, rbid.

325. General Limitarrbns- - The use ofthe provincial, city, anc[municipal funcls shall be subject to the
limitations: (a) The total appropriations, whether annuar or supplemental, for personar services of a
ent unit for one (1) fiscal year shall not exceed forty five percert (45olo) in tl.re case of first to
 , we have already referred the issue to DBM secretary Florencio B. Abad for possible
of a Local Budget circuJar delineating other ways on how LGUs could source out
for the IPMR's salaries and appropriate benefits and,/or emoluments without exceeding
the limitation cap provided uncler Republic Act No. 7160.

As to cases falling under letters (c) up to (h), the Department is currently coordi'ating
with the NCIP to remedy these issues. In fact, the NCIp, in
coordination witrr the
nent, organized just recently a capacity-building seminar/workshop participated by
from all over the country.

We find that there is no longer need to answer your fourth and fifth queries since
already answered above.

We hope that we have addressed your concerns accordingly.

Very truly yours,

RD Buagas B. Sulaik
DILG-Region XII
Surnpay Compourd, Blk IV
Maraion Village, Koronadal ciry

third lass provinces, cities ald mulicipalities, and fifty-five percent (55olo) in the case of fourth
class or lower,
of the total annual income from regular sources rearized in the next preceding fiscar year.
The appropriations
for wages, representation ard transportatiou allowances of officials and emplojees
of the public utiliries
and tic enterprises owned, opelated, and maintaiDed by the locai goverrurenr unit concernecl
shall rot
be I i' the a'nual budget or in the computation of trre maximum a'rount for personal services. The
ons for the personal services of such economic erterprises shall be charged to their respective