The Masikampo: Tagbanua Supreme Leader
THE
INDEFEASIBLE POWER OF THE 18TH MASIKAMPU OF PALAWAN AS THE APPEALS JUDGE OF THE
CULTURAL COMMUNITIES
A précis
The State recognizes
the inherent right of the 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. The ICCs/IPs shall have the
right to use their own commonly accepted justice systems, conflict resolution
institutions, peace building 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 right. Section
13 and 15 of RA No. 8371.
The term “cultural
minorities” had been applied to the predominantly non-Christian groups of
varying degrees of cultural development who form eight percent of the present
population of the Philippines. There are only two original settlers in Palawan,
those belonging to the groups of Batak and Tagbanua (Map of the Cultural Communities of the Philippines).This reveals
that the earliest cultural community that pre- existed even the Spanish
colonization is the Tagbanua.
Tagbanua society is
characterized by tremendous elaboration of custom law which affects much
necessary formalism and mechanisms of social control. The political and
juridical powers of the hereditary leaders, which form a hierarchy headed by
the Masikampu, extend through the Tagbanua world. Tagbanua society is stratified on the basis
of “high bloods” that are the hereditary leaders, the “ginuu” and their
relatives, as well as most of the “babalyans” or mediums and their kin. The
remaining persons form a class of “low blood”. In the past, there was also a
small class of servile debtors, the “uripun”, who had a slave- like status. The
hereditary leaders often assume responsibilities normally associated elsewhere
in the Philippines, such as “marriage counseling”. In legal conflict, the “high
bloods” enjoy a marked advantage over the “low bloods” for the latter do not
have any kinsmen, as hereditary leaders, to whom they can turn for legal aid. (Fox, Tagbanua Religion and Society/National
Museum)
Masikampu Ignacio
Joya (the 14th Masikampu) who was considered as the environmental
protector of the ancient lands and sacred sites of Palawan, had the title
MASIKAMPU or the Master of the Camp
(Antropologist Harold Olofson); the
Tagbanuas, however, quoted it for “Mas
it Ampu” or higher than Lords (Ancient Syllabaries). This indicates
why the Masikampu seats as the highest titular head of the earliest form of
government known in the province. All affairs, even those of the past,
present and future manifestations of the culture of Palawan must be with the
consent and authority of the Masikampu.
The 18th
Masikampu continuously acts as the protector of the adat (customary laws). He is
the 18th reincarnation of the ancient spirit bound to protect the
people of the land, thus, conceived the term “Tagbanua” or the “owners of the
land”. The 14th Masikampu Ignacio Joya was a collaborator to the
modern day environmental anthropology in cognizance with the ancient beliefs
that people’s spirits are deeply interwoven with love of nature. The 3rd
Masikampu Kinuyu was even dubbed as a demi-god (Folk History) while Masikampu Limas
was told to be a son of a Surutan of
Bur’nay (History of Inagawan) and Masikampu Patula was considered as
the last monarch of Palawan when he was baptized as Don Manuel Patula by Ezekiel
Moreno.
The ancient people
also believe in the concept of an afterlife (the story behind the Manunggul Jar). The Masikampu never dies, the
term “nanalikod” when a Masikampu passed connotes more of the term “physical
retirement” because the ancient spirit never experiences “death”. Thus, it is a
simple fact that every Masikampu is a vessel of ancient history of Palawan
(Tuturan). Palawan has been the domain of the Masikampu since time
immemorial. If culture is a soul to a nation then it can be said that the
Masicampo is the ancient spirit of the province of Palawan.
Additionally, Indigenous
leadership emerges from the dynamics of customary law and practices. Indigenous
leaders evolve from a lifestyle of conscious assertion and practice of
traditional values and beliefs as seen, among others, by the following
attributes:
a)
Demonstrates
sustained wisdom and integrity in the administration of justice and
pronouncement of judgments and decisions based on truth and the maintenance of
peace;
b)
Model head of the
family, as a provider and protector of family and community values such as
cooperation, sharing and caring;
c)
Contributes and makes
decisions aimed at protecting the ancestral domain, community peace, truth,
IKSPs and sustaining harmonious relationships with neighboring tribes;
d)
Recognized authority
on customary laws and practices, conflict resolution mechanism, peace building
processes, spiritual, rituals and ceremonials; and
e) Personal
Integrity and honesty.
Section 3 Rule IV IRR RA No. 8371.
The 18th
Masikampu can fluently speak Tagbanua, Pela’wan, Ke’ney and Cuyonon dialect as
a duty. He was selected not only on the basis of his bloodline but because of his
profound knowledge of the customary laws and the unwritten history of the
ICCs/IPs of the province. The 14th Masikampu Ignacio Joya was
described by Dr. Robert Fox as an intelligent and prominent Tagbanua. Most of
the Masikampu were political leaders
in Palawan. Wealth, intellect and breeding are traits being considered in the
selection. The bloodline of the Masikampu is not the sole basis in the
selection process. With the longest ever recorded history and ancestry, the authority
of Masikampu Joya is highly incontestable (National
Museum on Succession of Inagawan Masikampu).
The Masikampu has
existed for over three hundred years already (National Museum). The highest jural and political office among
the Tagbanua is the Masikampu. Regardless of the Spanish origin of this
term and the fact that the Spaniards had no intense contacts with the Tagbanuas
until about 1872, the folk history of the Tagbanua indicates that the
function of this office are at least one hundred and fifty years old and probably older. (Dr. Robert B. Fox).
The title Masikampu
is given to the appeals judge (Anthropologist
Olofson) meaning that the highest tribunal is headed by the Masikampu
himself who decides cases with finality by means of surugiden/betiara. The
process of Surugiden (Tagbanua)/Betiara (Pela’wan) has been settled since time
immemorial. It is a process for conflict resolution, marriage solemnization and
for penalizing transgressors for the violation of customary laws (Fox). IP Marriages are strictly
solemnized in accordance with customary laws thru the process of
Surugiden/Betiara (Testimony of Pangiran
Kaibiño Nangkud)
Marriages among
muslims or members of the ethnic cultural communities may be performed validly
without the necessity of marriage license, provided they are solemnized in
accordance with their customs, rites or practices. (Article 33 of E.O. No. 209) Customs and Practices refer to
norms of conduct and patterns of relationship or usages of a community over
time accepted and recognized as binding on all members. Section 1 (i) IRR RA No. 8371
With the continuation
for almost ten years of incumbency of Masikampu Ruben C. Joya Sr., more or less
thousand marriages were solemnized, this means surugiden/betiara were held more
or less a thousand times with each celebration having recognized by the
government through the Philippine
Statistics Authority (PSA). Precisely, if IP Marriages were solemnized in
accordance with the customary laws thru the process of surugiden and betiara,
then this practice has already attained permanent recognition by the
government. The function of the PSA is only ministerial with the matter of
registration (PSA Letter). The
integrity of the surugiden/betiara cannot be attacked except thru judicial
process. The registration of every marriage is itself a confirmation that the
customary process of surugiden/betiara is valid. Hence, the authority of the
18th Masikampu Ruben C. Joya Sr. to conduct any surugiden/betiara is
already beyond contestation.
The State shall
recognize and promote the rights of ICCs/IPs within the framework of national
unity and development. Section 2 (a) RA
No. 8371.Customary
laws and practices shall prevail upon mainstream mechanisms in the manner of
selecting the mandatory representatives to the local legislative councils of
the ICCs/ IPs. Moreover, customary laws and practices shall be used
primarily to resolve disputes in the selection process.Section 4(a) NCIP Memorandum Circular No. 001 Series of 2009.
It is a clear fact
that the NCIP is devoid of any authority to pass upon the validity and
regularity of the surugiden/betiara sans any specific provision granting the
same or to enjoin or otherwise interfere with this proceeding. This ancient
practice was not even proscribed by any law rather it was encouraged to be
exercised as a substantial right under the right of self-governance and empowerment
(Section 4 Rule IV IRR RA 8371). Neither
was there any existing conflict since the 18th Masikampu was duly
authorized to solemnize marriages in accordance with the customary laws (Authority to solemnize 2008-2019 upon
endorsement of NCIP) and further, considering that marriage is an
inviolable social institution, it would be absurd to deny recognition of a
removal of an IPMR candidate when based to that same customary practice. In
comparison, unlike marriages, public office is neither a property nor contract,
but a mere privilege (Nachura Political
Law). Any candidate for IPMR may be removed by reason of his membership in
the tribe when done thru a surugiden/betiara.
The surugiden/
betiara is a probe designed to eliminate any illegal appointment to the
position of IPMR and to ensure the primacy of customary laws under RA No. 8371. The decision of the
Bagerar as headed by the Masikampu concerns personal membership to the
tribe, which, as a token for such affiliation, that he should abide with
their customary laws (NCIP
Memorandum No. 414). The public character of an IPMR depends on the
will of the traditional leaders who may, at any justifiable cause, deny him of
such right. Hence, an official may be removed in his public capacity as IPMR or
in his private status as an individual member of his tribe. It can surely be
observed that customary laws are more rigid than national election laws.
The ICCs/IPs have the
right to use their traditional justice systems, conflict resolution
institutions or peace building processes which are oriented to settlements,
reconciliation and healing, and as may be compatible with national laws and
accepted human rights, in all conflict situations between and among IP
individual s and between and among other ICCs/IP communities. (Section 4 Rule IV IRR RA No. 8371)
Finally, under the
doctrine of independence, ICCs/IPs have the right to practice and revitalize
their own cultural traditions and customs. (Section
32 of RA No. 8371). Hence, the removal of an IPMR candidate is merely
ministerial upon issuance of a final judgment by the Masikampu. Our customary
laws are surely not mere illusory legal ornamentations to be trifled with; RA
No. 8371 has specifically adopted our justice system as a guarantee for the
perpetuation of culture and preservation of our cultural heritage in our
province (Primacy of customary laws).
The burden of preserving the genuine culture of Palawan has not been the sole
obligation of the Masikampu, the destiny of ICCs/IPs and their identity is
always intertwined with inter-generational responsibility that each person
should accord proper respect to our customary laws as our ancestor did during
their time.
MASIKAMPU RUBEN C. JOYA SR.
18th
Masicampo of Palawan
Comments
Post a Comment