The Ayta or Aeta indigenous peoples (IPs) in three Luzon provinces have not received payment for the use of their ancestral lands since a joint memorandum of agreement (JMA) was signed in 2007.
It was reported that the money due to Ayta IPs from their 20 percent share in the JMA with Clark Development Corporation (CDC) and the National Commission on Indigenous Peoples (NCIP) has ballooned to more than P19.2 million as of October 2019.
In an audit conducted by the Commission on Audit (COA) on CDC, it was reported that the money due the Ayta IPs under the JMA has been placed “in a restricted fund account with the Land Bank of the Philippines (LBP).”
It said the CDC held back the transfer of the money to the Ayta IPs "due to the various personalities, individuals, and groups claiming to be the legitimate representatives of CADT."
Under the JMA, 20 percent of the income from any lease agreement on the land covered by the Certificates of Ancestral Domain Title (CADT) will be given to the Ayta association. The remaining 80 percent, on the other hand, will be retained by the CDC.
The CADT is a title that formally recognizes the rights of possession and ownership of indigenous peoples (IPs) over their ancestral domains, and in the case of the Aytas, their tracts of land were located in Zambales, Pampanga, and Tarlac.
The CADT was issued to Bamban Ayta Tribal Association (BATA), Mabalacat Ayta Tribal Association (MATA), and Sangguniang Tribong Aeta (STA). The JMA entitled these groups to 20 percent income for land rental for 75 years and the money it will be deposited to the Aeta Development Fund (ADF).
The JMA was executed on Dec. 6, 2007 by the Tribong Ayta, represented by Bamban Ayta Tribal Association (BATA) Chairperson Oscar Rivera, with the CDC and NCIP.
COA said that the NCIP, in a Resolution No. 07-127, Series of 2018, affirmed on Aug. 14, 2018 that the STA of CADT 025-A is the sole and recognized representative in dealing with the JMA.
This confirmation, however, still has not prompted the release of the funds to the Aytas, it said.
"Despite the confirmation of STA as the sole and recognized representative of the Tribong Ayta in dealing with the JMA, CDC has yet to settle the 20 percent share of the Tribong Ayta upon compliance by the STA with the required procedures to be undertaken by the latter pursuant to the JMA," COA said.
On Sept. 14, 2022, the NCIP once again issued Resolution No. 2022-09-09-045, Series of 2022, which confirmed the Indigenous Political Structure (IPS) of the Ayta Mag-antsi of Banban, Tarlac, and Mabalacat City, Pampanga, which they call "PINANLUPUYAN MAMUUN CADT 025-A (IPS)."
Then on Sept. 22, 2022, the Ayta Mag-antsi leaders of the IPS and IPO of CADT 025-A voiced their concerns over the JMA and proposed changes to it before the Senate.
The Ayta leaders said that the CDC, as administrator to the development of their areas, failed to repair and maintain the Haduan Hanging Bridge, which they consider as a vital structure linking their community to Clark Freeport and the rest of Pampanga and Tarlac.
They also complained that there were unpaved roads that hinder their access to outside communities, which make it difficult for them to transport their wares and agricultural products. This also hinders them from getting immediate medical emergency response and safe passage during rainy seasons.
Tribal Chieftain Roy Tanglao and Barangay Kagawad Robert Serrano of Sitio Haduan also revealed that their ancestral domain was reduced by 361 hectares. From 10,684 hectares under CADT No. RO3-BAM-1104-025 dated Nov. 12, 2004, it had been reduced to 10,323 hectares under CADT No. RO-3-BAM-1204-025-A dated April 17, 2009. This took place even though the JMA explicitly stated that their area covers 10,684 hectares.
In response, Senator Robin Padilla filed Senate Resolution No. 149 to investigate why the Tribong Ayta has not been given its share of the income and to address the issues they have raised.
"There is a need to clear the confusion and issues surrounding the implementation of the JMA for the protection of all parties concerned," the resolution said.
The CDC, for its part, agreed to settle all issues and accommodate the demands raised by the community.