FIFTH LEGISLATIVE ASSEMBLY

(First Regular Session)

MUSLIM MINDANAO AUTONOMY ACT NO. 241

Sec. 2. Coverage. - This Act shall apply to all members of the indigenous cultural communities / indigenous peoples/tribal peoples [ICCs/IPs/TPs] within the Autonomous Region of Muslim Mindanao, which includes the Teduray, Lambangian, Dulangan Manobo and other tribes/peoples.

Sec. 3. Declaration of Policy. – The Regional Government of the Autonomous Region of Muslim Mindanao [ARMM] reaffirms the policies embodied in the 1987 Philippine Constitution, Republic Act 8371 [Indigenous Peoples Rights Act of 1997 (IPRA)], Republic Act 9054 [Organic Act], and international treaties and agreements concerning indigenous people, such as, but not limited to, the International Labor Organization Convention No. 169 and the UN Declaration on the Rights of Indigenous Peoples as adopted by the General Assembly on September 13, 2007. It is hereby declared the policy of the Regional Government:

Sec. 4. Recognition of Rights. – The Regional Government shall recognize and promote the rights of ICCs/IPs/TPs as defined in, but not limited to, the 1987 Constitution, the Organic Act [RA 9054], the Indigenous Peoples Rights Act [RA 8371], the United Nations Declaration on the Rights of Indigenous Peoples, and the International Declaration on Human Rights. Said rights shall include, among others, the following:

The Regional Government shall institute and establish the necessary mechanisms to enforce and guarantee the realization of these rights, taking into consideration the ICCs/IPs/TPs customs, traditions, values, beliefs, and right to their ancestral domains.

Sec. 5. Self-Governance. - The Regional Government shall recognize, respect and support the indigenous systems of leadership and governance, in all levels, of the ICCs/IPs/TPs in pursuance of the latter’s right to self-determination.

Existing systems of governance include, but are not limited to, the following: the Timuay Justice and Governance [TJG] of the Teduray and Lambangian peoples with the Ukit and Tegudon or customary law as their governing laws; the Guyudan among the Dulungan Manobo and other types of tribal based self-governance.

Sec. 6. Relationship with Barangay Officials. – The indigenous systems of governance are most visible at the village level. As such, Barangay Officials and the traditional leaders of the ICCs/IPs/TPs, such as Timuays, Datus, among others, should work closely with each other in addressing the common concerns of the community.

In matters relating exclusively to members of the ICCs/IPs/TPs, the jurisdiction and decision of such traditional leaders shall be respected by the Barangay Officials concerned.

Sec. 7. Establishment of Tribal Halls. — The Regional Government shall establish Tribal Halls in various locations for the use of the ICCs/IPs/TPs. The establishment of said Tribal Halls shall be done in consultation with the ICCs/IPs/TPs concerned.

Sec. 8. Resolution of Conflicts; Primacy of Customary Laws and Practices. – In recognition of the ICCs’/IPs’/TPs’ right to resolve conflicts in accordance with their customary laws, only in default thereof shall the complaints be submitted to amicable settlement (i.e. Katarungang Pambarangay) and to the Courts of Justice, whenever necessary.

The customary laws traditions and practices of indigenous cultural communities on land claims and ownership and settlement of land dispute shall be implemented and enforced among the members of such communities. When disputes involve ICCs/IPs/TPs, customary laws, traditions and practices shall be used to resolve the dispute.

Sec. 9. Tribal Courts. — The Regional Government shall recognize and respect the ICCs’/IPs’/TPs’ justice system, including tribal courts, that had already been in existence since time immemorial. Furthermore, it shall provide assistance in the establishment and strengthening of said tribal courts, and provide support for the tribal justices or jury (e.g. panel of Kéféduwan).

These courts shall determine, settle, and decide controversies and enforce decisions involving personal and family and property rights of members of the ICCs/IPs/TPs concerned in accordance with the customary law of these communities.

These courts may also exercise exclusive jurisdiction over crimes committed by members of ICCs/IPs/TPs where the imposable penalty as prescribed by the Revised Penal Code [RPC] or other pertinent laws is imprisonment not exceeding six (6) years or a fine not exceeding Fifty Thousand Pesos (P50,000.00) or both such imprisonment and fine and where the offended party or parties are also members of the indigenous cultural community concerned.

Sec. 10. Coordination with Law Enforcement Agencies. - The ICCs/IPs/TPs, through the tribal courts and their leaders, shall coordinate with law enforcement agencies of the Regional Government and local government unit concerned, in criminal cases mentioned in the foregoing section.

Sec. 11. Indigenous Structures. — The Regional Government shall recognize indigenous structures or systems which promote peace, law, and order.

Such indigenous structures or systems shall include local peace enforcers, such as, but not limited to, Dyaga Fénuwo and Agubalang.

Sec. 12. Rights during Armed Conflicts. – Indigenous peoples have the right to special protection and security in periods of armed conflict. The Regional Government shall observe international standards for the protection of civilian populations in circumstances of emergency and armed conflict.

The Regional Government shall not recruit members of the ICCs/IPs/TPs against their will in any military, paramilitary and/or other armed groups, especially, when said recruitment is for the use against other ICCs/IPs/TPs. Furthermore, it shall not recruit children of ICCs/IPs/TPs into the armed forces under any circumstance. Nor force indigenous individuals to abandon their lands, territories and means of subsistence, or relocate them in special centers for military purposes under any discriminatory condition.

Sec. 13. Saving Clause. – This Act will not in any manner adversely affect the rights and benefits of the Indigenous Peoples under Republic Act 8371, otherwise known as the Indigenous Peoples Rights Act of 1997, other conventions, recommendations, international treaties, regional and national laws, awards, customs and agreements.

Sec. 14. Separability Clause. – Should any provision of this Act is declared unconstitutional by a competent court, other provisions shall not be affected thereby shall remain in full force and effort.

Sec. 15. Repealing Clause. – All laws, issuances, decrees, or any part or parts thereof inconsistent with the provisions of this Act are hereby repealed or amended accordingly.

Sec. 16. Effectivity Clause. – This Act shall take effect within fifteen (15) days following the completion of its publication in at least two (2) newspapers of regional circulation.