Section 1. Legal bases in establishing the comprehensive structure and program of the tana tupu are as follows: [The numbering in the original text is confusing, so I made some reorganization in this article.—Blogger]
(1) The inherent rights of the indigenous peoples to pursue their traditional leadership structure, programs and customary laws;
(2) The 1987 Philippine Constitution:
(a) Section 22 Article II, which states that “the State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.”
(b) Section 17 Article XIV, which states that “the State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.”
(3) The Republic Act 8371, otherwise known as the Indigenous Peoples Rights Act of 1997
(a) Chapter IV Section 13, which states that “The State recognizes the inherent right of ICCs/IPs to self-governance and self-determination and respects the integrity of their values, practices and institutions. Consequently, the State shall guarantee the right of ICCs/IPs to freely pursue their economic, social and cultural development.”
(b) Chapter IV Section 15, which states that “The ICCs/IPs shall have 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.”
(4) The International Treaties and Conventions:
(a) The United Nations Declaration on the Rights of the Indigenous Peoples
(i) Article 3, which states that “Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.”
(ii) Article 4, which states that “Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.” [In the copy of Kitab that I found on Scribd, this part is slightly different. I used the actual text in the UNDRIP.—Blogger]
(iii) Article 5, which states that “Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.” [In the copy of Kitab that I found on Scribd, this part is slightly different. I used the actual text in the UNDRIP.—Blogger]
(b) The International Labor Organization Convention 169, otherwise known as the Convention concerning Indigenous and Tribal Peoples in Independent Countries:
(i) Article 8 Paragraph 1, which states that “in applying national laws and regulations to the peoples concerned, due regard shall be had to their customs or customary laws.”
(ii) Article 8 Paragraph 2, which states that “these peoples shall have the right to retain their own customs and institutions, where these are not incompatible with fundamental rights defined by the national legal system and with internationally recognised human rights. Procedures shall be established, whenever necessary, to resolve conflicts which may arise in the application of this principle.”
(iii) Article 9 Paragraph 1, which states that “to the extent compatible with the national legal system and internationally recognised human rights, the methods customarily practised by the peoples concerned for dealing with offences committed by their members shall be respected.”
(iv) Article 9 Paragraph 2, which states that “the customs of these peoples in regard to penal matters shall be taken into consideration by the authorities and courts dealing with such cases.”
Section 2. Respect and care for Mother Earth and nature because this is the source of livelihood, culture, tradition and spiritual beliefs of the Dulangan Manobo tribe
Section 3. Respect and recognition of the significance of the stars, moon and sun in everyday activities of the Dulangan Manobos.
Section 4. Recognition and respect for fellow human beings as well as animals and other living things and most of all Nemula (God the Creator)
(This post is a part of a series on Kitab, the customary law of the Dulangan Manobos. See my introductory post for the list of posts containing all the sections of the law. You may also see the original Filipino version on Scribd.)
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