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William Claver speech

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ATTY. WILLIAM CLAVER SPEECH FOR CORDILLERA DAY 2004

INSPIRATIONAL TALK
By ATTY. WILLIAM CLAVER Cordillera Day, 24 April 2004 Tocucan, Mt. Province On June 6, 1984, the Bontoc-Kalinga Peace Pact Holders Association met at the Mountain Province High School in Bontoc. It was then that the fringes of many of the Besao villages were having problems with militarization. Also, some villages in Abra, particularly in the Maeng and Tubo area were experiencing military atrocities. People from all these affected areas came down to ask the help of the Free Legal Assistance Group (FLAG). FLAG had, by then, become known and popular when I, Senator Diokno, now-Senator Joker Arroyo, and Atty. Sanidad went to Abra to question the arrest and detention of one of our FLAG lawyers, Atty. Astudillo. As all these people from Besao and Abra were there during the BKPPH occasion, we asked them to relate their experiences with militarization in their area. After hearing them out, it was realized that these experiences of horror in the hands of the military were similar to the torture, detention and salvaging of Cagaluan and Botbot in the province of Kalinga, and of Betwagan and Anabel in Mountain Province. After their narration, they appealed to the Association for assistance. We agreed to consider their plight as we were then burdened by the justconcluded Macli-ing trial. It was also at this time that it was realized that the BKPPH had grown and spread to include a lot of the non-peace pact holders so that it was suggested that the name of the group be changed to Cordillera Peoples Alliance for the Defense of the Ancestral Domain. It was tentatively agreed to consult first with various member organization and other groups forming the alliance. And on January 24, 1985, the Cordillera Peoples Alliance was formally inaugurated in Bontoc. It must be emphasized that at the time, and on through the years, we, who were opposing the Chico Dam construction, the mining explorations, and logging were all being accused as plain communists or as members of the New Peoples Army by the military establishment and the government. It was our consensus that if we bond together to defend our

ancestral domain, it would be a convenient shield to defend ourselves against the mounting atrocities of the government. Since our human rights were being violated, it was our common belief that forming the Cordillera Peoples Alliance for the defense of the ancestral domain was an assertion of our human rights being violated by government, and though it was considered subversive to the government, the offense itself was best defense against the attacks on our ancestral domain. As we make our bonds stronger by our experience in dealing with the military and the government, the charges that we are communists have become stronger. In this same manner, when we demanded for a separate Cordillera Region, we were branded by then-military spokesperson Gen. Eduardo Ermita in the national dailies as communists. But in so doing, our claim to the ancestral domain became known nationwide, became table talk even in international circles and organizations, and even merited us an invitation to the prestigious United Nations. In this convention, as we talk of ancestral domain, locally and internationally, our world condition was radically changed with the coming of EDSA. Things began to change. On June 20, 186, then Defense Secretary Enrile declared that our claim for ancestral domain was a legitimate one. At the time, the Constitutional Commission was being formed. And if you all remember, CPA was the lone body lobbying for ancestral domain to be enshrined in the Constitution. Enrile was the first man of Martial Law stature that confirmed and strengthened our cause. And added to this, because of our concerted and creative lobbying in our varied native attires in the Constitutional Commission, not only was ancestral domain recognized but the right to selfdetermination to have an autonomous region was granted. At the time, I was not always with you because of my added duties as concurrent Governor of Kalinga and Commissioner on Human Rights. But thanks to the evermilitancy of CPA, ancestral domain and autonomy were granted. In the meantime, I was designated as a member of the Committee of Three to reorganize the Presidential Assistance to National Minorities (PANAMIN). I was then so busy that I appealed to my FLAG compaero Fausto Lingating (father of now chairman Lingating). However, before I gave up my post, Atty. David Dao-as asked to be the Provincial Officer of the PANAMIN in the Mt. Province. I got him appointed. On the last quarter of 1986, there was an open break between Balweg and CPA. Be it as it may, as Balweg became the darling of the year, we were surprised to know that Atty. Dao-as sided with Balweg against us as his lawyer and adviser. While this was going on, PANAMIN was being reorganized and split into two

agencies, the Office of the Northern Cultural Communities (ONCC) and its southern counterpart, the OSCC. Atty. Dao-as approached me and apologized for siding with Balweg, and in the same breath, asked to be appointed as Regional Director of ONCC. I recommended Atty. Dao-as for Regional Director of ONCC even against the protest of Congressman Dominguez. So he became Regional Director of ONCC in the Cordillera. Then when Ramos became president, Leonarda Capuyan was able to secure an appointment for Atty. Dao-as as Executive Director of DOTC in lieu of Mac Duguiang. As there was a power play between Leonarda Capuyan, on one hand, and Congressmen Dominguez and Lumawig, on the other hand, there was a strong protest about the appointment of Dao-as as irregular because his appointment papers done in Baguio did not bear the Malacaang security markings. They were successful in getting the appointment annulled some weeks later. But because he was in a hurry to take over the DOTC, Atty. Dao-as immediately took his oath and submitted his papers to the Civil Service. This effectively removed him as ONCC Director -- so Atty. Dao-as became jobless. He wrote me a letter which was visibly cluttered by the marks of his dried tears. He again apologized and asked forgiveness for not consulting or informing me. At that time, my son Farnaw, my personal emissary to Malacaang, was following up papers for the re-appointment of Atty. Cosalan as ONCC Director, as well as several other Directors. We conveniently included the name of Atty. Dao-as in the list of ONCC appointees. I also personally went to see Executive Secretary Amante. He advised me to prepare all the papers of my recommendees. This was the story of how Atty. Dao-as got back to ONCC. I am relating this story to illustrate how I helped Atty. Dao-as grow in the bureaucracy. I always treated him as a son. My father-son relations culminated with my giving up the already signed ONCC appointment as Executive Director in favor of Atty. Dao-as. And in all these, I have always emphasized to him, to do some work to strengthen the ancestral domain. To my disappointment, within the span of just four months as ONCC Executive Director, he was able to acquire a house and lot in Tandang Sora reportedly valued at not less than P4 million. Shortly after, ONCC was investigated for anomalous transactions and overpricing called the Mt. Pinatubo Scam. At the end of the Ramos term, the IPRA Law was signed into law. The NCIP was formed with Atty. Dao-as at its head. To our surprise, Cordillera and Region 1 were combined and Region 2 was included as an indigenous cultural community. We had always thought that the Cordillera would remain as a separate region at least as it has the most numerous indigenous population. The inclusion of Region 2 was fraudulent as it has never considered itself as minority. As a matter of fact the Cagayan and Isabela Provinces submitted

Sangguniang Resolutions objecting to their being included in the Marcos Ancestral Land Law as cultural minorities in 1975. We learned later that this was so because when it was being considered in the Conference Committee, Senator Flavier was angered because of the absence of Atty. Dao-as in spite of several notices. It was then that Padilla moved that Region 2 would remain as Region 2 in the IPRA set-up. It was approved with the comment that let Dao-as ask for reconsideration if he is minded to protect the indigenous community. There was never a motion for reconsideration filed. When I was appointed Task Force Chairman, I urged Atty. Dao-as of NCIP that we prepare for Tribal Filipino Month the month in October declared by the Catholic, Anglican and NCCP churches as Tribal Filipino Month and in celebrating such, I urged that some ancestral land, in the least, be issued as there are many legitimate claims around Baguio as well as some ancestral land that have been surveyed and without conflict (ex. Tanudan). I added that their terms were soon to end. I also asked that they consult with the Office of the Presidential Assistant on the Peace Process (OPAPP) because they know which ancestral lands are surveyed and without conflict. I even chided Atty. Dao-as that OPAPP and CHARM were carrying more the burden than NCIP. They are even spending their own funds to help. The reason of Atty. Dao-as at the time was that their funds for the purpose was not released. I countered that approval of a Free and Prior and Informed Consent (FPIC) is as tedious and cumbersome as compared to those that have already between surveyed and approved as CALC/CADC. All they had to do was validate them and convert them to CALT/CADT. If only to prove that they are doing something for the Ancestral Domain, why cant they file a case against the Executive Secretary, the DENR Secretary, and the Budget Secretary for refusing to release the funds of NCIP which had been appropriated by Congress. He stated in Sagada that he is an expert of the IPRA Law. If he was so, why did he not defend the non-release of some 10 million hectares of cultural lands, which he instead approved in the form of FPIC? In the same manner, why did he approve the release of the FPIC for the people of Balatoc when all the people in the lower area howled and protested against any issuance of the FPIC because their agricultural lands would be polluted or destroyed? The governor, mayors, various Sangguniang Panlalawigan, and barangay leaders made known their protest in the papers and in the office of NCIP. His reason was that in the affected areas, there were no complaints. He limited the interpretation of affected areas to where the mineral claims were actually located. He closed his eyes to the people who would be really affected if the

mines were to be opened. This is what happened with Mindoro Exploration. Mindex is located at the very watershed of two big rivers. And if open-pit mining for nickel would push through, the water source for both Oriental and Occidental Mindoro would be polluted. Not only would the agricultural lands be destroyed but also the rich fishing grounds. Despite the protest of the officialdom and residents of Mindoro, the FPIC was approved, not by Atty. Dao-as but through the illegal delegation of powers to his regional directors, which was against the law. However, he virtually approved FPIC with Mindex. Did he analyze well the memorandum of agreement which included a provision of a companyfound cooperative to manage the share of the people and which in fact would use the funds to develop roads, electricity, water, some housing and development for the people? Were not the same developments promised to entice the people by the company to be given as free or a donation of goodwill the burden of which would be carried by the company? Was he not being fooled with open eyes? Was he hot giving away the ancestral domain in a stupid manner, instead of defending it and protecting the rights of the indigenous people to which he swore to do? Were not all these facilitated by the amendment of the requirement of IPRA on FPIC by passing amendment AO # 3 which made consent to any development, mining or otherwise, easier? If he is indeed a lawyer, why didnt he know the requirements of the National Registry Law, or didnt he even know the difference between a mere designation by him against a permanent appointment? In Mindanao, he manipulated, in cahoots with the mines, the release of the mining area within the ancestral domain of the Manobos. It is provided in the IRR that when there is conflict in the ancestral domain by two or more overlapping claims, a temporary FPIC may be issued. This he did in many instances. On the other hand, in Baguio City it is said that he made heaps of money in the approval of the ancestral lands. He got a share in all the illegal and spurious titles that he issued. Why illegal and spurious? Because none of the 603 ancestral land titles that he approved was ever reviewed or co-validated as required by law by the legally appointed Ancestral Domain Officer. It was also found out that the ancestral land titles were printed somewhere in Baguio. It was not printed where it should have been the Central Bank of the Philippines, which is the only printer authorized and capable of incorporating the security marking necessary for all titles issued by government. It if it is true that he is always shared 30% of the land covered by every land title he issued, he must now be the richest man in the Cordillera. I would say that what Atty. Dao-as has done is a treacherous alienation of the indigenous patrimony because the total land area covered by the approved FPIC's would amount to about 10 million hectares or 1/3 of the whole area of

the Philippines. I say treachery because instead of defending and protecting the Ancestral Domain, as he has sworn to do so, and as he was committed to in the ideals of CPA, he effectively alienated them and took away portions of the Ancestral Domain. It must be recalled that in the early 1970s, President Marcos leased some 10,000 hectares of the Davao Penal Colony and Senator Tanada charged him for impeachment as doing an act treacherous to the National Patrimony. This was overcome by the overwhelming Nacionalista Majority, but let me say, 10,000 hectares is incomparable to the 10 million hectares. I have no other language to condemn these acts, but in all sincerity, I hope and pray that Atty. Dao-as will realize and repent for his despoliation of the ancestral domain and cultural properties and by making money out of his sworn duties. By saying all these, I am now posting a warning that WORSE will follow should he become a congressman of the Republic. You might say it would be better to support him because he is moneyed. On the contrary, we must not vote for him but accept the money as that is ours and condemn him for his dastardly deeds, which above all is a betrayal of the ideals that we believe in as defenders of the Ancestral Domain. In ending, you could picture his official actuation in the little that I have disclosed. More would be coming. The loyalty, fidelity to duty and patriotism of Dao-as is in question. This is so in the personal level. He is like a dog that bites his master that feeds it. He was not only disloyal to me but made stories which were untruthful and false just to justify his disloyalty as he was disloyal to the principles for which CPA was formed and was a member. He was likewise disloyal to Atty. Sanidad who trained him as his follower and protg in the FLAG by pretending to work for him in the elections of 2001, but was in fact working secretly with Congressman Domogan who is said to be his partner in the distribution of Baguio ancestral lands. He did this also to Congressman Dominguez, his patron and protector in the NCIP. The way I see it, it was greed that led him to be disloyal to CPA, the root cause of all his disloyalties the quest for MONEY and POWER. I urge each one of you to continue in our struggle for true recognition of our rights and our right to self-determination. Let us not be misled by treacherous pretenders. Let us strengthen our bond and continue on, until victory is ours. So my brothers and sisters, elections and politics, disgusting as they may be, we have no other choice but to make a stand. Let us choose God-fearing leaders who are not afraid to fight for what is right. Just like Gov. Malinias who braved to say no to trade liberalization even though he would earn the ire of Malacanang. Let us continue to be vigilant and militant. Let us keep the fire burning.

Thank you. Atty. William Claver Home > Campaigns > Atty. William Claver speech on Cordillera Day 2004

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