A REPRESENTATIVE from the National Commission on Indigenous Peoples-Davao Region (NCIP-Davao) said that they are conducting an inventory to determine which inland resort owners in Davao City have complied with the legal processes.
Ariel Padaya, Community Affairs of NCIP-Davao, said at the sidelines of the AgriBiz Media Forum on Tuesday morning, August 6, 2024, at SM Lanang, that inland resorts occupying ancestral domains in the Marilog District are required to consult their office to verify if they have conducted a Free Prior Informed Consent (FPIC).
“Wala man nato nga gibawalan, naa na kabahin man gihapon na siya ang atoang mga tribu maka-avail, mga trabaho, paglambo sa ilaha pero dapat naa lang gyud proseso lang gyud no na dapat agian na kung asa ang paghatag sa tribu sa ilang consent ug pagtugot (We are not ultimately prohibiting their activities there because it will contribute success to the tribe because, in terms of job generation, they could be part of the development but it must undergo the right process),” he said.
“Nahitabo lang na naay problema diha kana ganing wala niagi og proseso kanang wala niagi og Free Prior Informed Consent, so mao na ginadasig nato sila kung pwede muagi gyud sa opisina kay para mahibal-an nato ang ilahang status og niagi ba gyud sila sa process (The problem arises when these resorts do not undergo the proper process because they lack Free Prior Informed Consent. We encourage them to visit the office so we can determine their status and confirm whether they have followed the necessary procedures),” he continued.
Under the Republic Act (RA) No. 8371 otherwise known as “The Indigenous Peoples Rights Act of 1997”, it is prohibited to sell the ancestral lands to non-members of the IC. However, it allows the rent or use if the authorized IP structure has given its consent.
“Unauthorized and unlawful intrusion upon, or use of any portion of the ancestral domain, or any violation of the rights herein before enumerated, shall be punishable under this law. Furthermore, the Government shall take measures to prevent non-ICCs/IPs from taking advantage of the ICCs/IPs customs or lack of understanding of laws to secure ownership, possession of land belonging to said ICCs/IPs,” Section 10 of the RA 8371 said.
To recall, the Department of Environment and Natural Resources-Davao Region (DENR-Davao) reported that only two out of the 22 surveyed inland resorts in the Marilog District possess environmental compliance certificates (ECC), and only one has a certificate of non-coverage (CNC).
Myrrha Fair L. Barquilla, Senior Environmental Management Specialist of the Chemical and Hazardous Waste Permitting Section of DENR, stated during the Kapihan sa Bagong Pilipinas press conference on Tuesday, July 16, 2024, at the DENR office that the survey was conducted in 2023-2024.
She explained that the resorts face difficulties in complying with the ECC due to zoning issues, and the number of inland resorts has increased during the Covid-19 pandemic.
Atty. Ma. Mercedes Dumagan, regional executive director of DENR-Davao, confirmed that they have already issued notices of violation to the resorts that have not met the requirements. RGP
