Katutubong Tagapagtanggol Act

902018 TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG -4 P1:41 SENATE RECENED & S. No._ Introduced by Senator Loren Legarda AN ACT PROVIDING FOR A PROPORTIONATE SCHOOL ADMISSION AND ACCEPTANCE SHARE IN THE PHILIPPINE MILITARY ACADEMY AND THE PHILIPPINE NATIONAL POLICE ACADEMY FOR MEMBERS OF THE INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLES AND FOR OTHER PURPOSES EXPLANATORY NOTE Indigenous peoples in the Philippines belong to different ethnic groups and reside in various parts of the country. There are more than one hundred ten (110) indigenous communities, about 61% in Mindanao, 33% in Luzon, and 6% in the Visayas. Article II, Section 22 of the 1987 Constitution states, "The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development." To carry out this constitutional mandate, Republic Act No. 8371, or "The Indigenous Peoples Rights Act (IPRA) of 1997," was enacted. The law undertakes to improve the situation of indigenous peoples and indigenous communities. The law declares that "The State recognizes its obligations to respond to the strong expression of the indigenous cultural communities (ICCs)/indigenous peoples (IPs) for cultural integrity by assuring maximum ICC/IP participation in the direction of education, health, as well as other services of ICCs/IPs, to render such services more responsive to the needs and desires of these communities." To fulfill the objectives of the law, it is essential to provide indigenous peoples and communities with greater opportunities to participate in the formulation and

implementation of national policies and programs. However, they remain underrepresented in many sectors of society, including in the recruitment processes of the Philippine National Police Academy (PNPA) and the Philippine Military Academy (PMA). In recognition of the valuable role that ICCs and IPs play as custodians of the nation's cultural heritage, this bill proposes the allocation of a proportionate recruitment share for their members in both the PNPA and the PMA. The measure mandates these institutions to admit and enlist ICC/IP members into their academic programs. The bill also protects ICCs/IPs from any form of discrimination by subjecting to disciplinary action any person, public official, or employee who discriminates in any manner against members of the ICCs/IPs. In view of the foregoing, the approval of this measure is earnestly sought. LOREN LEGARDA

SCHT Offer of thr TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session ) AUG -4 P1:41 SENATE RECEIVICa S. No._ Introduced by Senator Loren Legarda AN ACT PROVIDING FOR A PROPORTIONATE SCHOOL ADMISSION AND ACCEPTANCE SHARE IN THE PHILIPPINE MILITARY ACADEMY AND THE PHILIPPINE NATIONAL POLICE ACADEMY FOR MEMBERS OF THE INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLES AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Katutubong

2 Tagapagtanggol Act'"

Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State:

(a) To recognize and promote the civil, political, economic, social, and cultural rights of indigenous cultural communities or indigenous peoples in accordance with the Constitution and applicable norms and principles; (b) To recognize the distinct characteristics and identity of the indigenous cultural communities or indigenous peoples, which the State must take special measures to ensure that they are afforded rights, protections, and privileges with regard to recruitment and employment; and (c) To involve the indigenous cultural communities or indigenous peoples in national defense and national law enforcement as part of national unity amidst diversity.

Sec. 3. Indigenous Cultural Communities/Indigenous Peoples (ICCS/IPs) - It

shall refer to a group of people or homogenous societies identified by self-ascription

1 and ascription by others, who have continuously lived as an organized community on 2 communally bounded and defined territory, and who have, under claims of ownership 3 since time immemorial, occupied, possessed, and utilized such territories, sharing 4 common bonds of language, customs, traditions, and other distinctive cultural traits, 5 or who have, through resistance to political, social and cultural inroads of colonization, 6 non-indigenous religions, and cultures, become historically differentiated from the 7 majority of Filipinos. ICCS/IPs shall, likewise, include peoples who are regarded as 8 indigenous on account of their descent from the populations which inhabited the g country at the time of conquest or colonization or at the time of inroads of non- 10 indigenous religions and cultures or the establishment of present state boundaries who retain some or all of their own social, economic, cultural, and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains.

Sec. 4. Recruitment of ICCs/IPs in Law Enforcement and National Defense. -

The Philippine National Police Academy and the Philippine Military Academy are hereby mandated to admit and enlist members of ICCs/IPs into their academic programs. At least ten percent (10%) of the new cadets shall belong to ICCs/IPs.

Sec. 5. Rights of Enlisted Members of ICCs/IPs. - Members of ICCs/IPs admitted

in the academic program shall not be discriminated against by reason of their physical, social, cultural backgrounds, and religious beliefs.

Sec. 6. Penalties. - Any person, public official, or employee who discriminates

in any manner against members of the ICCs/IPs by reason of their membership shall immediately be subjected to proper disciplinary action or proceedings. Willful failure, refusal, or negligence by the disciplining authority in the initiation, investigation, and disposal of disciplinary proceedings due to violations of this Act shall be a cause for dismissal from the service of the disciplining authority. Any sanctions for violations provided under this Act shall be without prejudice to the criminal penalties and sanctions provided under Republic Act No. 8371, otherwise known as the Indigenous Peoples' Rights Act of 1997.

Sec. 7. Implementing Rules and Regulations. - The Department of National

Defense (DND) and the Department of the Interior and Local Government (DILG) shall

1 collaborate and issue within thirty (30) days from the effectivity of this Act the 2 implementing rules and regulations for the effective implementation of this Act. The implementing rules and regulations shall provide accommodations for members of the ICCs/IPs regarding their admission and avoid qualifications and 5 disqualifications that discriminate against them due to their diverse qualities.

Sec. 8. Separability Clause. - If any provision of this Act shall be held

7 unconstitutional or invalid, the other provisions not otherwise affected shall remain in full force and effect.

Sec. 9. Repealing Clause. - All laws, decrees, executive orders, proclamations,

10 and other executive issuances inconsistent with or contrary to the provisions of this Act are hereby amended or repealed accordingly.

Sec. 10. Effectivity Clause. - This Act shall take effect fifteen (15) days following

its complete publication in the Official Gazette or in two (2) national newspapers of general circulation. Approved,