Creation of tribal court ‘unconstitutional’ — NCIP

Published August 1, 2018, 9:02 PM

by Roel Tibay

By Malu Cadelina Manar

KIDAPAWAN CITY – A lawyer working for the indigenous peoples (IP) in Central Mindanao has lauded the legislation that seeks to establish a tribal court in Kidapawan City, but highly suggested to fine tune it as some of the terms used might be deemed, “unconstitutional”.

(MANILA BULLETIN)
(MANILA BULLETIN)

Lawyer Adolf Lantion, hearing officer for the National Commission on Indigenous Peoples (NCIP) in Soccsksargen (Region 12), said the ordinance passed early June this year by the City council used terms like, “court”, “appointment of judge”, and “exclusive jurisdiction”.

These terms, he explained, have ordinary meanings, which could stir some confusion or misperception.

‘Exclusive jurisdiction’

For one, Lantion said, the ordinance used the words, “exclusive jurisdiction” to describe the Ovu-Manobo tribal court that would be established in the city.

Lantion said he used as basis some of the provisions in the Indigenous Peoples’ Rights Act (IPRA) when they submitted their opinion on the issue at the Sangguniang Panlalawigan ng Cotabato.

The provincial council sought the NCIP’s institutional opinion as to how they would view the ordinance crafted by the Kidapawan City council.

The ordinance was submitted to the provincial council on July 2.

Mayor Joseph Evangelista has earlier vetoed the ordinance saying it contradicts IPRA, which is a national law.

The council, however, overruled Evangelista’s veto and submitted instead such legislation to the Sangguniang Panlalawigan for review.

“When you use the words, ‘exclusive jurisdiction… these are legal terms. Kinakabahan na kami rito. Sa totoo lang, hindi dapat “exclusive jurisdiction” ang pinag-uusapan sa pagtatayo ng tribal court. It’s just a requirement lang na kailangang dumaan sa Katarungang Pambarangay para sa mga kaso where both parties or the complainant and the respondent, are living in one barangay,” Lantion said.

“Establishment of tribal court”

The city ordinance has also used the term, “court”, which, according to Lantion, could cause “misunderstanding”.

“Under our Constitution, the authority to create and abolish courts belongs only to Congress. Although, the Sangguniang Panglungsod has legislative powers, they’re not the Congress to which the Constitution refers to,” the NCIP hearing officer said.

In short, he said, the city council has no authority to establish a court.

“Appointment of judges in tribal court”

Aside from the terms, “court” and “exclusive jurisdiction”, the ordinance has also used the words, “appointment of judges.”

For Lantion, the “appointment of a judge” is a judicial function that belongs solely to the Supreme Court, which the judicial powers are vested upon.”

“Kung may appointment of judges sa itatayong Ovu-Manobo tribal court, tapos, wala sa Supreme Court, tingin namin sa NCIP, mai-de-declare din ‘yan na unconstitutional,” he added.

On Friday, Lantion appeared before the Sangguniang Panlalawigan for a committee hearing on the issue.

Lantion said the ordinance has stirred “misinterpretation”, “because it mentioned in one of its provisions that the Ovu-Manobo tribal court has quasi-judicial functions”.

“Kung babasahin mo ang IPRA at ang Local Government Code of 1991, hindi adjudicatory powers ang dapat ibigay sa tribal court kundi mediation and conciliation powers lang – on the level of the Katarungang Pambarangay,” said the lawyer.

 
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