NCIP to reinstate IPMR in Pagadian City

NCIP to reinstate IPMR in Pagadian City

By JONG CADION

PAGADIAN CITY, Zamboanga del Sur (April 18, 2015) - National Commission on Indigenous Peoples (NCIP) will reinstate of the Indigenous Peoples Mandatory Representative (IPMR) in the City Legislative Council of Pagadian City, NCIP Official said Thursday.

In a two pages letter by the NCIP signed by Regional Director Timuey Woy Lim Wong to the City Local Government of Pagadian through Mayor Romeo Pulmones requesting the reinstatement of Reo Olimpio Lingating as IPMR, after the Indigenous Cultural Community/Indigenous Peoples (ICCs/IPs) of Pagadian City were being deprived of their rights to be represented in the legislative council just because of this unresolved issue on a product of misinterpretation of the rules and law.

 

IPMR Candidate Reo Olimpio Lingating

Wong letter released April 13 cited and quote Department of Interior and Local Government (DILG) Advisory No.2013-003 dated July 22, 2013 item five states;

 "Should there be questions on the legitimacy of the selection of IPMRs, please be informed that the said issues raised are justifiable in nature. Justifiable issues are those that require adjudication by the courts of law as to who between the opposing parties have the better right over a given controversy. Certificate of Affirmation (COA), a public document issued by the Regional Director of NCIP, enjoys the presumption of regularity until declared otherwise by competent courts. Thus, it is not within the power of the Sanggunian to resolve any questions relative to the legitimacy of the selection of the IPMRs who were issued COA by the NCIP".

It was recalled that the City Government letter dated November 21, 2014 have asked for the reconsideration of the NCIP Regional Office position to reinstate IPMR Lingating in the City Legislative Council attaching the legal opinion of the city legal office stating legal arguments questioning the legitimacy of the selection process of IPMR Lingating.

The NCIP is reiterating their stand on the issue and finds no reason to depart to their previous position dated November 3, 2014 citing also in the DILG Legal Opinion No.20 s.2011.

Wong said the LGU's request to reconsider the reinstatement of IPMR Lingating was given time to await the result of the November 28, 2014 meeting before they will decide on the reinstatement. The meeting Wong said cannot be considered a legal impediment to reinstate IMPR Lingating.

Wong disclosed that the status of Lingating as IPMR is presumed legal until declared otherwise by a competent court of until he has been validity removed/recalled by the ICCs/IPs who endorsed him to the said position.

Wong added that even there was a move to recall him during the said meeting the same has to be declared valid first by NCIP.

For now, Wong added, the said process was not yet decided and was still submitted for further validation in order to verify the validity of the process and the authenticity of the documents emanating therefrom.

Wong concluded that his office is on the view that Rio Olimpio Lingating be reinstated and be allowed to perform his duties and responsibilities as a member of the Legislative Council representing the indigenous Peoples pending the final resolution of the November 28,2014 recall process.

The city legal officer of Pagadian Atty. Jed Labador when asked for comment refused to answer because Mayor Pulmones is still out of the country and will be back on the first week of May.