Republic of the Philippines
OFFICE OF THE PRESIDENT
NATIONAL COMMISSION ON INDIGENOUS PEOPLES
Region XIII
Provincial Field Office
Government Center, Patin-ay, Prosperidad, Agusan
FOR : ATTY MARLON P. BOSANTOG
OIC RD
FROM : PROVINCIAL OFFICER
SUBJECT : BRIEFER ON CADT 136 (BUNAWAN) ISSUES (as prepared on
May 2020)
DATE : July 31, 2020
A. ISSUES ON LAND CLAIM WITHIN CADT 136
Background:
1. On July 5, 2007, CADT application was filed by Bunawan Brook Manobo Tribal
Council of Elders (BBMTCE) represented by Atartes Bilar Mique covering barangays:
Poblacion, Nueva Era, San Marcos, Mambalili, Libertad, Emilda, San Andres, San
Teodoro, Consuelo and Bunawan Brook. Subject application was processed and issued
with CADT 136 on September 23, 2009.
A. Bunawan Manobo Ancestral Domain Management Council, Inc. filed their
Certificate of
Incorporation before SEC sometime in 2009.
B. On September 25, 2009, RODRIGO Clan submitted resolution to NCIP
entitled “RESOLUTION NAGPAHIBALO SA BUHATAN SA NCIP SA
AMONG DILI PAGPASAKOP SA KASAMTANGANG GIPATIGAYON NGA
CADT APPLICATION” duly received by NCIP provincial office on October 1,
2009.
Remarks: NO ACTION PROPER ACTION.
2. On October 12, 2009, RODRIGO Clan wrote a letter to NCIP duly received on
October 23, 2009, questioning the process and procedure of CADT process which states:
A. UNSA DIAY ANG SAKTO NGA PROCESO SA PAGPA CADT?
B. NGANO NGA WALA KAMI GIPAHIBALO SA MGA ACTIBIDAD
NGA NIA MAN KAMI SULOD SA AMONG YUTANG KABILIN NGA
INYONG GI SURVEY UG KARON BOOT ANGKONON ANG AMONG
YUTANG KABILIN SA INYONG GIILA NGA MGA LIDER SA
TRIBUNG MANOBO NGA NANIMUYO SA HIGHWAY?
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C. NGANO NGA WALA MAN KAMO NAGPAHIBALO KANAMO
NGA MAOY MGA TAG-EYA SA MAONG LUGAR NGA INYONG GI
SURVEY?
D. NANG HINAUT KAMI NGA INYONG TAGA-AN UG TUKMANG
SINULAT NGA TUBAG KINING AMONG PANGUTANA UG MGA
KALIBOG KAY WALA GYOD KAMI NASAYOD SA INYONG
GIHIMO SA AMONG LUGAR.
REMARKS: No proper reply
3. On March 8, 2010, RD JOSE DUMAGAN ,JR issued a Memorandum to the
Provincial Officer with the subject “ VALIDATION OF GENEALOGY AND
LEADERSHIP AS WELL AS CLAIM OF SECTORAL AREA AS PER RESOLUTION
REQUEST OF BMADCI”.
4. On March 26, 2010, Provincial Officer Randy R. Rosas, submitted the report to
Acting Regional Director Jose Dumagan Jr, through TMSD Chief, ELVIRA G.
CATUBURAN entitled “ VALIDATION REPORT OF GENEALOGICAL SURVEY OF
RODRIGO CLAN AS RESPONSE TO THE MEMO ORDER DATED MARCH 8,
2010” with the contents “ Respectfully submitting herewith the validation report/ initial
findings of the genealogical survey of the RODRIGO CLAN together with the
attendance, minutes of the meeting conducted by the Provincial Office for your
comments, final findings/observations and further evaluation.
Remarks:This document declares RODRIGO CLAN AS MIGRANTS...
5. On November 3, 2010 Rodrigo clan wrote a letter to TMSD through Elvira Catuburan
with inquiry on the result of investigation on their claimed ancestral lands.
6. On January 10, 2011, the RODRIGO CLAN THROUGH THE PUBLIC
ATTORNEYS OFFICE, file objection of their declaration as migrant, which state:
“ On behalf of the RODRIGO CLAN headed by Amatorio Rodrigo
and Mary Jane Rodrigo-Hallasgo which had an ancestral land claim
over Balite, Kiat, Maghilot, Mt. Bayujan, Tagabaka, Budakanon,
Lower Maghilot, Magsabong (road 17) and Agsaw within barangays
Consuelo and San Andres, Bunawan Agusan del Sur, we seek
consideration of your unsubstantiated finding that the RODRIGO
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CLAN are IP migrants of TAGABAKA Community xxxx. Based on
genealogical survey as confirmed by the clan themselves.”
Apparently, such hasty conclusion was derived from the information
that the RODRIGO CLAN were “ originally from Novele, Rosario,
Agusan del Sur” who then moved to TAGABAKA during the war,
ergo they are IP migrants of TAGABAKA. Such erroneous and
illogical conclusion betrays ignorance of the fact that Novele district
then comprises a very large territory including the aforementioned
areas. As a matter of fact there was no then municipalities of Rosario
and Bunawan to speak of as these municipalities were created only in
1960’s and 70’s. When RODRIGO CLAN settled at TAGABAKA
there was no political boundaries of Rosario and Bunawan.
Further, the preposterous conclusion ignores the fact that Manobos
are nomadic people who always transferred from one place to
another. The aforecited areas were and still the hunting and fishing
grounds of the members of the RODRIGO CLAN. They also buried
their ancestors in their claimed areas.
The RODRIGO CLAN took strong exception to the insinuation that
they confirmed the findings of NCIP Provincial Officer Randy R.
Rosas and CDO III Veronica O. Lobo-od. To the contrary, the
RODRIGO CLAN registers its strong objection to such findings
which is simply preposterous bordering on the ridiculous. In fact,
Mary Jane Rodrigo-Hallasgo immediately wrote a letter protesting
your declaration that they are IP migrants.
The RODRIGO CLAN further expresses their apprehension and
suspicion that the finding which simply reduced them as migrant was
meant to favour BTCDBI and marginalize the RODRIGO CLAN so
as to deprive them of whatever rights they may have on their
ancestral land. It appears that you or the NCIP favors the “highway-
based” group rather than those who actually settled, resided, lived
and died on the mountainous areas now the subject of conflicting
claims just because PHILSAGA wants to operate in the area.
MARCELO R. CAUPAYAN, JR
(Signed)District Public Attorney
7. On April 27, 2011, Acting Regional Director DOMINADOR M. GOMEZ , Issued
Memorandum Order No. 15, series of 2011 to the Agusan del Sur Provincial Officer to make
summary findings on all matters pertaining to RODRIGO CLAN CLAIMS.
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8. On October 8, 2012, Acting Regional Director DOMINADOR M. GOMEZ wrote a letter to
Gov. Adolph Edward G. Plaza dated October 8, 2011 concerning Bunawan CADT 136 issues to
quote “First, regarding Bunawan- I created a special team to study Bunawan. All documents
were gathered, reviewed and studied by the team. The team identified many problems and
concerns. But one of the most pressing concerns is the Claim book or the recognition book
of the CADT. It is defective document. Consequently, we have problems on who has the right
to make decisions, what organizations to listen, etc.
9. On February 5, 2013, ROCSIPO through their counsel Atty. ALBERTO P. DIN wrote a letter
addressed to Regional Director DOMINADOR GOMEZ Re: MANIFESTATION TO GIVE
DUE COURSE TO CALT APPLICATION”.
10. May 28, 2013, OFFICE OF THE PRESIDENT THROUGH ODESLA, issued DECISION on
OP-DC Case No. 11-L-046, OMAOBAU CLAN Represented by Rolando Bando Vs.
DOMINADRO GOMEZ, et, AL.. As noted in page 7 par. 6. subtitle SUBSTITUTION OF
BTCDBI “ With respect to the substitution of BTCDBI with BMADCI as receipient of the
royalty fees, complainant alleged that this was a ploy of respondent Cautburan in conspiracy
with respondent Gomez to collect the royalty fees due from PHILSAGA.
There is no question that the title to the ancestral domain of the Manobo tribe in Bunawan,
Agusan del Sur was awarded to BTCDBI. As the recognized IP organization in Bunawan.
BTCDBI has the legal and propriety rights to receive the royalty fees from companies operating
within its ancestral domain. BTCDBI is duly registered with SEC as a corporation. As such, it is
bound by Batas Pambansa (BP) Blg. 68. see herein DECISION.
11. On June 18, 2014, Tribal leaders of CAMMPACAMM of CADT 078 from Rosario, Agusan
del Sur headed by their Chairman HAWODON MABANTAO II RODGING O. REYES issued
an AFFIDAVIT identifying and recognizing Rodrigo clan as their neighbor.
12. On June 25, 2014, RODRIGO CLAN filed their CALT application before NCIP Agusan del
Sur.
13. On July 10, 2014, Provincial Officer Randy D. Rosas, wrote a letter to Maryjane Hallasgo
and Amatorio Rodrigo re: En Banc Resolution No. 082-2012 series of 2012 entitled “
RESOLUTION DECLARING THAT NO CERTIFICATE OF ANCESTRAL LAND TITLE
SHALL BE ISSUED EMBRACING AN ANCESTRAL LAND LOCATED WITHIN
ANCESTRAL DOMAIN ALREADY ISSUED A CERTIFICATE OF ANCESTRAL DOMAIN
TITLE OR COVERED BY A DULY APPROVED SURVEY UNDERTAKEN BY THE
ANCESTRAL DOMAINS OFFICE AND FOR OTHER PURPOSES”.
14. On August 15, 2014, Maryjane Rodrigo-Hallasgo and Amatorio Rodrigo wrote a letter to
Regional Director PINKY GRACE PAREJA-PABELIC, through RANDY D. ROSAS,
requesting that their CALT application be modified to CADT application.
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Recommendations to CEB:
1. To let CEB issue a Resolution to review CADT 136 documents particularly the real and
actual occupants of the applied areas, in consideration with the evidences to their long
time possession and cultivation as defined in Chapter II, Section 3., Par. a. Of IPRA.
2. To re-conduct sectoral mapping in every communities.
3. To review List of RIGHT Holders by way of actual ground validation/verification.
ADDITIONAL INFORMATION: Posted during the quarantine period March 26, 2020.
1. The undersigned attended several Pulong-pulong spearheaded by AFP within CADT 136
areas. It was observed that there were plenty of NON IPs who actually occupies within CADT.
B. PHILSAGA ROYALTY ISSUE- WITHIN CADT 136
PHILSAGA Mining Corporation (Background):
Mining Project General Information Mineral Production Sharing Agreement (MPSA)
Contractor: Philsaga Mining Corporation Mining Tenement:
MPSA No. 262-2008-XIII Date Approved: March 11, 2008 Date of Expiration: March 11, 2036
Term of MPSA: 25 years; renewable for another term not exceeding 25 years Contract.
Area: 2,538.79 hectares or 2.01% of Bunawan and 3.91% of Rosario’s total land area.
However, it should be emphasized that said area is still subject to mandatory relinquishment as
provided by law.
Location: Bunawan and Rosario, Agusan del Sur Mineral Commodity: Gold and other
associated mineral deposits Mineral Resource: 1,520,000 MT @ 6.68% grams/ton Au (as of
2017) Office Address: Bayugan 3, Rosario, Agusan del Sur
Company Structure: 100%.
The Events:
1. On February 26, 2003, PHILSAGA And OFFICERS OF BUNAWAN TRIBAL
COUNCIL OF BAES AND DATUS (BTCBDI) forged a MEMORANDUM OF
AGREEMENT on PHILSAGA OPERATION, with confirmation by then NCIP
Provincial Officer in Agusan del Sur. Signatories were from PHILSAGA – Col.
SAMUEL G. AFDAL, From BTCBDI Guillermo Torralba, Ismael Torralba, Glenn M.
Moday and Gloria Conde.
2. On May 15, 2003, another MOA was signed between PHILSAGA, Sectoral leaders of
the Indigenous Cultural Communities in Barangays: Consuelo, San Andres and Imelda,
the sector of Parola in the municipality of Bunawan, with NCIP as Third Party.
3. On November 5, 2009, KASABUTAN (MEMORANDUM OF AGREEMENT) were
made by and between RODRIGO CLAN Represented by Datu Amatorio Rodrigo and
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Maryjane Rodrigo-Hallasgo; PHILSAGA, represented by RUBEN PENALOGA and
BTCDBI represented by Hawodon Crispin Barrios.
4. On May 5, 2010, another agreement entitled “KASABUTAN SA
PAGSINABTANAY” sa Konseho sa Katigulangan sa San Andres Tribal Council ug sa
Rodrigo Clan. One of the agreements is to validate traditional boundaries especially the
Rodrigo Clan on May 20, 2010.
REMARKS: NO REPORT OF COMPLIANCE
5. PHILSAGA filed an interpleader before RHO as who is the rightful group to collect
royalties. THIS IS THE CONCRETE AND CLEAR INDICATION OF NO PROPER
FBI NOR ACTUAL FPIC for the reason that even the PHILSAGA were confused as to
whose group is the real affected or beneficiary. Although the RHO has several
clarifications as to the process of FBI/FPIC including the actual or directly affected
community, however, his decision is merely based on the agreement made by BMADCI
and BTCDBI and other groups to the exclusion of ROCSIPO.
6. On January 20, 2020, RODRIGO Clan wrote letter addressed to Chair Allen Capuyan
and RD Ferdausi S. Cerna, where she complain regarding Royalties from PHILSAGA
being collected by IPs from Highway areas particularly BMADCI.
OBSERVATIONS/REMARKS on the MOA executed on May 15, 2003
1. MOA Executed on May 15, 2003 do not have coordinates as to its exact location, instead it
only mentioned of sitios/barangays; This is very important to determine the extent of the project
and to completely identify communities that are really affected.
2. The said MOA does not have MPSA No., it was only attached later by a pen stating MPSA
No. 262;
3. The MOA does not have Certification Pre-condition (CP).
4. SEVERAL COMPLAINTS FROM THE COMMUNITIES RECEIVED BY THE OFFICE
REGARDING ROYALTY ISSUES SUCH AS: NO TRANSPRARENCY OF HOW MUCH IS
THE ROYALTY DUE FROM PHILSAGA, ICCs are COMPLAINING WHERE THE
ROYALTY GOES…ETC.
5. In June 2020 the NCIP Provincial Office sent a letter to Philsaga Mining Corporation
requiring them to comply with Section 60 Of A.O 3 Series of 2012, which provides that no
release of royalty shall be made without concurrence from the Ethnographic Commissioner. The
Counsel for Philsaga replied that they will follow the Order of NCIP Hearing Officer and the
MOA to directly release the Royalty to the ICC/IP.
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6. PHILSAGA IS RELUCTANT TO COOPERATE TO PROVIDE FUNDS FOR
COMMUNITY ASSEMBLY TO DISCUSS ROYALTY ISSUES.
7. Some communities particularly the directly affected of the mining were left out from Royalty
Sharing.
8. PROVINCIAL OFFICE INQUIRY TO CEB; ARE THOSE FPIC CONDUCTED PRIOR TO
FPIC 2012 GUIDELINES OBLIGED TO COMPLY WITH THE FORMULATION OF CRDP?
ADDITIONAL OBSERVATIONS:
Findings and Observations on MOA Signatories of Mining Applications of PHILSAGA within
CADT 136 particularly in Barangays Consuelo and San Andres, Bunawan Agusan del Sur
No. Application Barangay Signatories Remarks/
No./date of / Observations
Execution Coverage
1. February 26, Consuelo First Party This was
2003 , 1.Samuel G. Afdal changed on May
Bunawan 2nd Part-BTCDBI 15, 2003 with
1.Ismael Torralba; 2.Guillermo different IP
Torralba signatories
3.Gloria Conde below.
2. May 15, 2003 Consuelo First Party General
NO , San 1.Samuel G. Afdal. Observation:
APSA/MPSA Andres 2nd Party Barangay
NO. and Consuelo: CONSUELO
INDICATED Imelda 1.Marcelo Cabriadas; had 4
IN THE 2.Naborito Martinez; PHILSAGA
MOA 3.Bonifacio Campos; Mining
According 4. Arsenio Mique; applications
PHILSAGA 5.Maximo Pizarro; with different
COMREL 6.Norma Genabe signatories in
Mr. Ruben San Andres the MOA. How
Penaloga this 1.Bonifacio Guma; this things
is MPSA 262 2.Jesusimo Cullantes; happened? This
3.Jolita Sawe; is Highly
4.Neceforo Collantes; irregular and
5.Patricio Campus. very suspicious
Imelda even at first
1.Rolito Penaloga glance.
2.Ruben Penaloga Also, MOA
3.Daniel Luna does not bear
4.Clanico Bebis technical
5. Henry Salvado description that
6. Marvin Mique supposedly
7. Atartis Mique clarify the areas
3. EXPA-00180/ Consuelo First Party applied and so
Oct. 22, 2010 and 1.Samuel G. Afdal with the direct
Manat 2nd Party community
Consuelo directly affected
1.Emmanuel Cabriadas; by the operation,
2.Gelyn Manginsay including the
4. EXPA- Consuelo First Party tribal leaders.
00114/Oct. 1.Samuel G. Afdal
22, 2010 2nd Party
Consuelo
1.Gelyn Manginsay
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5. EXPA- Consuelo First Party
00181/Oct. 1.Samuel G. Afdal
22, 2010 2nd Party
Consuelo
1.Gelyn Manginsay
2. Emmanuel Cabriadas
The Current Status POSTED ON MARCH 26, 2020 DURING QUARANTINE PERIOD.
1. Accordingly the release of royalties continue until today, received by BMADMCI ta as
the group created as ploy to corruption of former NCIP officer and influential politician.
2. Although in the MOA executed sometime in May 2003 provides that the recipient To
PHILSAGA should have a record for proper auditing and transparency. However, almost all in
the provisions in the MOA for ICCs were not complied with, arguin that it is privately owned by
the ICCs. Instead they hired a lawyer to defend their side from wherever and whoever will
question the proceeds of royalty even from the NCIP.
3.. ICCs/IPs who were actually within the mining area did not received any single
Centavo due from the Royalty.
4. There were several complaints received by the NCIP Provincial Office against the
distribution and utilization of royalties from PHILSAGA received by BMADMCI. ROYALTIES
FROM PHILSAGA PRESENTLY HAS NO TRANSPARENCY AND NO ACCOUNTABILITY.
IT IS MANIPULATED BY FEW PERSONS CLAIMING TO BE TRIBAL LEADERS IN
ALLIANCE WITH FORMER NCIP OFFICERS AND POLITICIANS.
FERNANDO R. CURATO II
Acting Provincial Officer
2222
22222222423Noted by
Conforme on cited records:
ROSEMARIE MORDENO_Acting PO -
ATTY. MARCELIANO P MONATO III- PLO
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Briefer on CADT 136
