I.

Indigenous People Rights: In the Context of Region X

1

As expressed in the provisions of R.A. No. 8371, also known as The

Indigenous Peoples Rights Act of 1997, the rights of the indigenous
cultural communities/indigenous people are said to be recognized,
protected and promoted. This law also creates a national commission
on indigenous people, establishes implementing mechanisms, and
appropriates funds for their reasonable consumption.
Philippines is enriched with a diverse culture. 2There is an estimated
14-17 million of indigenous people (IP) populating the country. Sixtyone per cent (61%) of them are concentrated in the Mindanao island.
3
These IP that are settling in Mindanao are collectively known as
Lumad, which is just another term for indigenous. 4Specifically, in the
context of Region X (Northern Mindanao), some of the Lumads found
in the region are Subanen, Talaandig, Higaonon, Matigsalog,
Umayamnon, Manobo, and the Kamigin.

The Indigenous Peoples Right Act of 1997 (R.A. No. 8371)

Indigenous Peoples in the Philippines. 2010. United Nations

Development Programme Fast Facts Lagom. PDF Format.
3

The Indigenous People of Mindanao. n.d. The Utrecht Faculty of

Education, The Philippines. < http://www.philippines.hvu.nl/index.html>
4

Cario, Jacqueline K. Country Technical Noteson Indigenous

Peoples Issues Republic of the Philippines. November 2012.
International Fund for Agricultural Development. PDF Format.

HIGAONON
Higaonons are described as the people of the living mountains. The
name is derived from Higa (to live or reside), goan (mountain) and
onon (people). These IPs faithfully follow a sacred bond that treasures
unity of love and peace in their community.
5

Yet, Higaonons have been greatly tested by a number of adversary

too. Two of which is 6their assertion of their rights to maintain
ecological stability as clearly manifested in their call for the
conservation of their Mt. Kimangkil Forest Corridor and their unified
claim over an ancestral domain in Mt. Kitanglad.
5

Conserving the Mt. Kimangkil Forest Corridor: An example of

Higaonon ecological and cultural advocacy. 1 April 2009. Forrest
Corridor Conference Press Release. < http://www.piplinks.org>
6

Canoy, Ma. Easterluna and Suminguit, Vellorimo. The Indigenous

Peoples of Mt. Kitanglad Range Natural Park. 2001. Social Watch
Philippines. PDF Format.
TALAANDIG
7
This indigenous group is found in barangays and municipalities that
surround Mt. Kitanglad, specifically in Lantapan and Talakag. Despite

of todays influx of modernizations, the Talaandig continue to preserve

and promote their customs, beliefs and practices.
The Talaandig has always been strong with regards to the sanctity and
conservation of their ancestral lands. 8This is shown during their path
of conflict transformation with the Central Mindanao University (CMU).
7

Talaandigs. 2015. Official Website of the Province of Bukidnon.

<www.bukidnon.gov.ph>
8

Pantoja, Dann. CMU and the Talaandig tribe choose the path of
conflict transformation. May 2014. Mennonite Church Canada. PDF
Format.
MANOBO
The term Manobo means people. They usually build their villages
along the small bodies of water in Bukidnon. These indigenous people
are known for their intricate casting, Ubo fashion fine weaponry and
jewelry, and their belief in multiple dieties.
9

Recently, as the tribe thrives to fight for their rights especially against
mining,10 a Manobo tribal leader was killed inside of his house in
Bukidnon.
9

Manobo, Obo. 2011. Ethnic Groups of the Philippines.

<www.ethnicgroupsphilippines.com>
10

Labrador, Shiela Joy. Tribal Leader killed in Bukidnon. 16 April 2015.

ABS-CBN News. <http://www.abs-cbnnews.com/>
JURISPRUDENCE
1

People v. Egan. G.R. No. 139338. 28 May 2002

Facts:
Thirty-six (36) years old Lito Egan, alias Akiao, was an avid admirer of
a 12-year old girl named Lenie. Both of them were members of the
Manobo indigenous cultural community in Mindanao. Between despair
and the impossibility of a romantic affair with Lenie, Egans
unreciprocated love caused him to forcibly abduct and rape Lenie.
Held:
Though Egan insisted that he and Lenie had been engaged under
Manobo rituals to marry each other, his claims were not sufficient and
that the prosecution has proved with adequate evidence that Lenie
was sexually abused by Egan. Thus, Egan was guilty of forcible
abduction under Art.342 of the Revised Penal Code and was
sentenced to prison.

Facts:

People v Sumarago. G.R. No. 140873-77. 6 Feb 2004.

A mestizo Subanen Levi Sumarago married Teodora Brigole who had

two daughters namely Norelyn and Doneza. When Teodora was out,
Sumarago would force Norelyn, who was barely 10-years old, to gather
firewood at their farmland. There, Sumarago undressed her and forced
her to lie down.
Held:
It was held that Sumarago was guilty of four (4) counts of statutory
rape under Art. 335 of the Revised Penal Code.

II.

Women Rights: Philippine Context

1

The rights of the Filipino women are also recognized, protected,

fulfilled and promoted. This holds true especially those belonging in the
marginalized sectors in the society. The framework of rights is based
directly on international law in which the Philippine government has
pledged before the UN Human Rights Council on its first Universal
Periodic Review in 2009 to the Convention on the Elimination of All
Forms of Discrimination against Womens (CEDAW) committee in its
36th Session in 2006.
The rights of the Filipino women and mothers are spelled out in these
following laws:
1

Republic Act 9710 Magna Carta of Women. Philippine Commission

on Women. 2009. Online. <http://www.pcw.gov.ph>
2

R.A. No. 6725 (12 May 1989)

AN ACT STRENGTHENING THE PROHIBITION ON DISCRIMINATION
AGAINST WOMEN WITH RESPECT TO TERMS AND CONDITIONS OF
EMPLOYMENT, AMENDING FOR THE PURPOSE ARTICLE ONE HUNDRED
THIRTY-FIVE OF THE LABOR CODE, AS AMENDED.

Women in Development and Nation Building Act (R.A. No.7192)

22 July 1991
AN ACT PROMOTING THE INTEGRATION OF WOMEN AS FULL AND
EQUAL PARTNERS OF MEN IN DEVELOPMENT AND NATION BUILDING
AND FOR OTHER PURPOSES.
4

R.A. No. 7322 (30 March 1992)

AN ACT INCREASING MATERNITY BENEFITS IN FAVOR OF WOMEN
WORKERS IN THE PRIVATE SECTOR, AMENDING FOR THE PURPOSE
SECTION 14-A OF REPUBLIC ACT NO. 1161, AS AMENDED, AND FOR
OTHER PURPOSES.

The Rooming-In and Breast-feeding Act of 1992 (R.A. 7600) 17 June

1992
AN ACT PROVIDING INCENTIVES TO ALL GOVERNMENT AND PRIVATE
HEALTH INSTITUTIONS WITH ROOMING-IN AND BREASTFEEDING
PRACTICES AND FOR OTHER PURPOSES.
6

R.A. No. 7688 (3 March 1994)

"AN ACT GIVING REPRESENTATION TO WOMEN IN THE SOCIAL
SECURITY COMMISSION, AMENDING FOR THE PURPOSE SECTION 3(A)
OF REPUBLIC ACT NO. 1161, AS AMENDED."

R.A. No. 7882 (20 Feb 1995)

AN ACT PROVIDING ASSISTANCE TO WOMEN ENGAGING IN MICRO AND
COTTAGE BUSINESS ENTERPRISES, AND FOR OTHER PURPOSES.

The Anti-Violence Against Women and their Children Act of 2004

(R.A. No. 9262) 8 March 2004
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN,
PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING
PENALTIES THEREFORE, AND FOR OTHER PURPOSES
9

R.A. No. 6949 (10 April 1990)

AN ACT TO DECLARE MARCH EIGHT OF EVERY YEAR AS A WORKING
SPECIAL HOLIDAY TO BE KNOWN AS NATIONAL WOMEN'S DAY.

10

R.A. No. 8171 (23 Oct 1995)

AN ACT PROVIDING FOR THE REPATRIATION OF FILIPINO WOMEN WHO
HAVE LOST THEIR PHILIPPINE CITIZENSHIP BY MARRIAGE TO ALIENS
AND OF NATURAL-BORN FILIPINOS.

JURISPRUDENCE
1

Garcia v. Drilon. G.R. No. 179267. 25 June 2013

Facts:
Rosalie Jaype-Garcia (private respondent) filed, for herself
and in behalf of her minor children, a verified petition (Civil
Case No. 06-797) before the Regional Trial Court (RTC) of
Bacolod City for the issuance of a Temporary Protection
Order (TPO) against her husband, Jesus C. Garcia
(petitioner), pursuant to R.A. 9262. She claimed to be a
victim of physical abuse; emotional, psychological, and
economic violence as a result of marital infidelity on the part
of petitioner, with threats of deprivation of custody of her
children and of financial support.
Issues:
WON the constitutionality of R.A. 9262 is violating of the
due process and the equal protection clauses
Held:
R.A. 9262 is not unconstitutional. The clause gender-based
violence is a form of discrimination that seriously inhibits
women's ability to enjoy rights and freedoms on a basis of
equality with men" manifests the Philippines compliance with
the CEDAW.
2

People v. Genosa G.R. No. 135981. 15 Jan 2004.

Facts:
For over eight years, the wife had suffered maltreatment from her
husband. She was 8 months pregnant when, one evening, her
husband came home drunk and started to batter her. Too fed up
with her husbands incessant battering, the wife was able to hit his
arm with a pipe and escape into another room. The wife, thinking of
all the suffering that her husband had been inflicting on her, and

thinking that he might really kill her and her unborn child, destroyed
the drawer and got the gun. She shot her husband who was asleep
on the bed. She was tried and convicted for parricide, which is
punishable by reclusion perpetua.
On appeal, she alleged
"battered woman syndrome" as a form of self-defense
Issue:
WON battered woman syndrome be considered a form of selfdefense to exempt the accused from criminal liability.
Held:
Yes. The Supreme Court held that battered woman syndrome was
a form of self-defense on the part of the defending party and that
the wifes sentence will be reduced as a mitigating circumstance.
She might be considered for parole.
III.

Children Rights
1

Around the world, children are denied their human rights, that is
according to the Amnesty International which is a global movement of
people fighting injustice and promoting human rights. Lack of access of
quality education, child labor, and subjecting them to death penalty are
some of the many forms of violence and inhumane methods they
suffer.
2

UNICEF has listed 54 rights and responsibilities that every child

around the word is entitled to. 3 The idea of child rights has developed
from the convergence of different pressures for change, and that this
has been a work to be developed in many countries. 4 The views of
girls and boys from all 27 EU Member States on the topic of children
rights have been sought by the EU Commissions Directorate General
for Justice. In February 2011, they adopted An EU Agenda for the
Rights of the Child. 5 Also, through legislation and policy, there are
state parties that give due weight to the part of the parents, guardians
and childminders especially on account of support and advice they
could impart to their children.
6

A present report on United Nations Human Rights (UNHR) states that

the number of children in street situations remains unknown due to
growing inequalities and patterns of urbanisation. 7 Once on streets,
many threats await them, such as access to health services, violence
and abuse, and the dangerous working conditions. 8 Human Rights for
children can make a difference in promoting and protecting them. One
of the many ways is to provide a range of enforceable remedies. 9 It is
also recommended that childrens offices should continue to raise
awareness among the public the issues that affect them may it be
directly or indirectly. 10 Lastly, in a preamble stated during the
Convention on the Rights of the Child, the full and harmonious
development of a childs personality should grow up in a family
environment filled with happiness, love and understanding.

A Safe Childhood is a Human Right. 2015. Amnesty International.

Online. <http://www.amnestyusa.org>

Childrens Rights and Responsibilities. 2010. UNICEF Canada. PDF

Format.
3

Jones, Phil. What are Childrens Rights? Contemporary

Developments and Debates. 15 Feb 2011. PDF Format
4

Childrens rights, as they seem. 2011. European Union. PDF Format.

General Comment No.12 The right of the child to be heard. 20 July

2009. United Nations Convention on the Rights of the Child. PDF
Format.
6

Protection and promotion of the rights of children working and/or

living on the street. n.d. United Nations High Commissioner for Human
Rights. PDF Format.
7

Street Children have rights too. September 2012. Kids Rights. PDF
Format.
8

Human rights and children and young people. n.d. Australian Human
Rights Commission. PDF Format.
9

Kilkelly, Dr. Ursula. 29 Aug 2007. Barriers to the Realisation of

Childrens Rights in Ireland. University College Cork Commissioned by
the Ombudsman for Children. PDF Format.
10

Child Protection A Handbook for Parliamentarians. 2004. UNICEF.

PDF Format.

JURISPRUDENCE
1

Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988)

Facts:
Student members of a school newspaper alleged that their First
Amendment rights were violated when the principal decided to omit two
pages of the school newspaper in order to protect the identity of a student
who was discussed in the article. The district court found in favor of the
school district and the Eighth Circuit reversed. The U.S. Supreme Court
found that public school students do not automatically have the same First
Amendment rights of adults outside the school and that the school paper
was not a forum for public expression like traditional public forums. The
Court also found that the school had an interest in protecting the identity of
the students in an article about pregnancy as well as in maintaining the
integrity of student speech allowed in the school newspaper.
Held:
The Court held that the principals actions were reasonable under the
circumstances. Thus, the Court reversed the Eighth Circuit and held that
the principals actions did not violate the First Amendment. (Childrens
Rights Litigation, https://apps.americanbar.org)

Tinker v. des Moines Ind. Comm. School Dist., 393 U.S. 503 (1969)

Facts:
School officials suspended students from public high school because they
wore black armbands to school in protest of the Vietnam War. The
students sued the school under 42 U.S.C. 1983, seeking nominal
damages and an injunction that forbid the school from suspending the
students.
Held:
Thus, the Court found that the school could not deny the students form of
expression and held that the students First Amendment rights were
violated and reversed and remanded the case to the circuit court.
(Childrens Rights Litigation, https://apps.americanbar.org)