Table of Contents

I. Introduction
Background and Rationale
Objectives
Log frame

II. Methods

III. Discussion and Analysis

Beliefs, Rituals, Conflicts
Indigenous Political Structure (IPS)
Indigenous Traditional Methods
of Resolving Conflicts/Amicable Settlement

IV. Conclusion
Summary
Conclusion
Recommendations

V. Appendices
Introduction

Background and Rationale

The 1987 Philippine Constitution (Section 22)

explicitly declared that the state recognizes and
promotes the rights of the indigenous cultural
communities within the framework of national unity and
development.

In fulfillment of this expressed constitutional

declaration, the indigenous Peoples Rights Act (IPRA)
was passed in 1997, this law created the national
commission on indigenous Peoples (NCIP), which is
recognized as the primary government agency
responsible for the formulation and implementation of
policies, plans and programs to promote and protect the
rights and wellbeing of the ICCs/IPs and the recognition
of their ancestral domain as their rights thereto, and is
mandated to protect and promote the interest and
wellbeing the ICCs/IPs with due regard to their beliefs
customs and traditions.

One of the bundle of rights protected and promoted

by IPRA is the right of ICCs/IPs to self-governance which
includes the right to use their traditional system in
resolving conflicts within their community/territories.

The provision of the IPRA that recognizes and

promotes the rights of ICCs/IPs to resolve the conflicts
using their customary laws are the following:
Section 7 (rights to ancestral domain), letter H
(right to resolve conflicts) – “Right to resolve land
conflicts in accordance with customary laws of the area
where the land is located, and only in default thereof
shall the complaints be submitted to amicable settlement
and to the Courts of Justice whenever necessary.”
Section 15 (justice system, conflict resolution
institutions and peace building processes) – “The
ICCs/IPs shall give the right to use their own commonly
accepted justice systems, conflict resolution institutions,
peace building processes or mechanisms and other
customary laws and practices within their respective
communities and as may be compatible with the national
legal system and with internationally recognized human
rights”.
Section 29 (protection of indigenous culture, traditions
and institutions) – “The state shall respect, recognized
and protect the rightr of ICCs/IPs to preserves and
protect their culture, traditions and institutions. It shall
consider these rights in the formulation and application
of national plans and policies”.
Section 65 (primacy of customary laws and
practices) – “When disputes involve ICCs/IPs, customary
laws and practices shall be used to resolve the dispute”.

The NCIP Region V, through the interaction with the

ICCs/IPs of Bicol Region, have observed that there is
limited data or information on the traditional/customary
methods used by ICCs/IPs to resolve conflicts/amicable
settlement arising between and among members and
those that involved their ancestral domains.

There is therefore a need to consult he ICCs/IPs in

order to confirm or determine if information found on the
recognition book and written materials, regarding the
application of their justice system in resolving
conflicts/amicable settlement, are in fact still recognized
and practiced by the IP communities at present and
furthermore to gather new and additional information on
their traditional methods of resolving conflicts/amicable
settlement.

The Aeta or Agta are the indigenous peoples of Bicol

Region. The history of Aeta continues to confound
anthropologists and archeologists. One theory suggests
that Aeta are the descendants of the original inhabitants
of the Philippines who arrived through land bridges that
linked the country with the Asian mainland some 30,000
years ago. These migrations may have occurred when
the Malay Peninsula was still connected with Sumatra
and other Sunda Islands. At that time, the islands of
what is now the Philippines may have been connected,
making probable the dispersal of the Aeta throughout
what is now the Philippine Archipelago.

The Agta of Bicol Region are found in the provinces

of Camarines Norte, Camarines Sur, Albay and Sorsogon.
This project will focus on the following areas:
1. CADT No. R05-CAP-0406-044, covering portions of
Barangays Tanauan, Magsaysay, Old Camp,
Matague, San Antonio, Villa Aurora and
Lukbanan, Municipality of Capalonga, Camarines
Norte, issued to the Kabihug (Agta) Indigenous
Peoples.
2. CADT RO5-JOS-1009-141, covering Barangays
Osmenia and Luklukan, Municipality of Jose
Panganiban, Camarines Norte, issued to the
Kabihug (Agta) Indigenous Peoples.
3. For CADT Direct Application Barangay Malaya,
Municipality of Labo, Camarines Norte, - Kabihug
(Agta) ICC.

There are also two registered CADTS; five

unregistered CADTS, 3 on process CADCs for Conversion
to CADTs in Region V, located in the provinces of
Camarines Nortem Camarines Sur, Albay and Sorsogon,
benefitting the Agta, Kabihug, Agta-Tabangnon and Agta-
Cimaron Indigenous Peoples.

Thus, in order for the NCIP to gain knowledge and

understanding of the established procedure of resolving
conflicts/amicable settlement by Agta ICC of Bicol
Region, it is necessary to gather first – hand information
from the elders/leaders and members of the concerned
ICCs/IPs and if applicable to culled out secondary data
from published books and articles of reliable authors;
published research of schools/Universities, government
institutions and non-government institutions.

Objectives
This project will focus on the Kabihug (Agta) ICC,
who are owners of the following Ancestral Domains.

CADT Location Area IP Right ICCs/I

No. (Hectar Holders Ps
es)
CADT Portions of 3,960.6 283 Kabihu
No. Barangay 532 Families/ g
RO5- Tanauan, 993
CAP- Magsaysay, Old Individual
0406- Camp, Matague, s
044 San Antonio, Villa
Aurora and
Lukbanan,
Municipality of
Capalonga,
Camarines Norte
CADT Barangays 22.4309 32 Kabihu
 RO5- Osmeña and Families/ g
JOS- Luklukan, 88
1009- Municipality of Individual
141 Jose Panganiban, s
Camarines Norte
For Barangay ------ ----- Kabihu
Direct Malaya, g
Applicat Municipality of
ion Labo, Camarines
Norte

The main objective of this project is the

documentation of the indigenous traditional methods of
resolving conflicts/amicable settlement arising among
and between ICCs/IPs of the three identified areas as
well as conflicts affecting their Ancestral Domains.