Cordillera Mountain
The Ifugaos and the Martial Law Victims
Republic Act No. 10368
(June 28-30, 2014) |
| Road to Hapao, Hungduan |
It’s
been two months since I traveled to Cordillera Administrative Region (CAR) and
it feels good to see one of the wonders of the world…the IFUGAO RICE TERRACES. It was such an excellent ‘R & R’ but of
course I take a trip with a cause (as usual)!
Rainy days started… Dangerous curves… Stiff ravine… Muddy roads! Oh YES! It was raining while we are on the road heading towards Hapao, Hungduan.
But
of course it pays when you see the beauty of the mountainous area of Ifugao…
the so-called ‘BLUE MOUNTAINS’ of the North.
We
have to stop for few hours at the Municipal Tourism Center (Office is still
close when we get there at 4am). We
waited until 6am for the passenger jeep came from Hapao, Hungduan (our last
stop) to provide us the information whether the road is passable and if possible
for the SUVs to cross the dangerous roads. We hoped and prayed for the rain to stop.
We must reach Hapao, before noontime and heaven granted our request. The rain stops and it has been very much cooperative to give us a wonderful weather, the whole duration of our stay in Hapao.
Thanks God! We reached our destination and have few minutes to rest, to eat our breakfast and to prepare before noontime. We are all ready to disseminate and inform the newly passed law…
Oh YES, it was an information campaign drive for the victims, survivors and families of victims as regards with the abuses during Martial Law (1972). At last! Hooray! They were ‘finally’ given the recognition and reparations under the recently law, which has been passed last February 25, 2014.
THE PLACE. THE PEOPLE.
The
Ifugao Province is a land-locked area located at the foot of the Cordillera
Mountain Range; it is bounded on the west by the province of Benguet, Nueva
Viscaya on the south, Isabela on the east, and on the north by Mountain
Province, with a total land area of 251,778 hectares. It is 322 kilometers
north of Manila. (Source: http://www.tourism.gov.ph)
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Map from en.wikipedia.org
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THE
PLACE.
Hapao is in Hungduan Municipality. It is the place where CHRP and UNDP team
reside the whole duration of our trip.
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| Ifugao map via NSCB site |
According
to some historians, the Hungduan is also believed to be the last sanctuary of
Yamashita during World War II, which I believed could also be the reason why a
lot of powerful people are interested in conquering this area (until now).
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HUNGDUAN RICE TERRACES (cloudy and foggy morning).
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The orientation was held at the Holy Family Catholic Mission Church, under the supervision and hospitality of the parish priest, Rev. Fr. Harry J. Gawongna, Parish Priest, Hapao, Hungduan, lfugao.
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| Thanks God for the nice weather! |
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| Holy Family Catholic Mission Church |
THE PEOPLE.
Attendees – There
are about less than a hundred heads attended for the Martial Law
Orientation. However, there are some
barriers regarding the outcome of the attendees, the CHRP and UNDP are
expecting more heads to attend. Needless
to say, it was a successful orientation.
Age and Gender Distribution – The attendees ranges their age
from 18y.o. up to mid 80’s. Mostly are
women, about 60% of the total crowd.
They are the first generation families left behind by victims.
Main languages spoken – The CHRP and UNDP team discussed the new law and procedures in English
and Filipino languages. However, most of
the attendees are having a hard time expressing their thoughts and ideas; and
therefore using their own mother tongue dialect (Ifugao Dialect).
 |
| Local translator |
One
on one encounter – The team
delivers personalized information so the victims or family of the victims will
be given the proper way of filing the claims.
The team provides an in depth explanation and getting the necessary
background from the victims and their families.
The tandem – It is with the help of the couple Mr. Alfonso & Mrs. Cathy Abrazado that the some Martial Law victims were mapped-out. They gave the direction and talk to the right people. They coordinated well with the local communities, directed the location and provided a lot of useful information about where the Martial Law victims are.
Of course, without the hospitality of Ms. Ester
Takinan, the team will be at lost. She
is the elder sister of Ms. Cathy Abazado.
Their families are also one of the victims and encountered violence from
during the Martial Law era.
Ms. Ester is too good to provide great foods and a
nice abode for everyone. Definitely…
Surely… Undeniably… everyone is grateful.
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| FRESH from the backyard! Chayote leaves. |
All FRESH from the backyard! Chayote leaves! Tomatoes, ginger and onions. Oh by the way, fish is expensive in Ifugao because it is a mountainous area and of course we are served with hot and healthy ‘Brown Rice’ for dinner!
Government
Officials – The Hapao Mayor Hilario Bumangabang, attended
the ceremonial festivity for good harvest, which became the team of CHRP and
UNDP take the opportunity to tackle and expound the information regarding some
issues and concerns of RA10368.
The
Mayor admitted he is not knowledgeable about the Martial Law Reparation. Nevertheless, the team believes that the
Mayor will spread the information among his constituents because the Mayor’s
clan was also a Martial Law victim.
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| Mayor Hilario Bumangabang with ML Project Mgr. Ms. Myrna Jimenez |
On
the other hand, the humble governor of Ifugao, Gov. Denis Habawel is very
accommodating to give us his time even though it is not within his office
hours. It was a nice weekend when the
team invaded his privacy in his own home, in Lagawe Ifugao.
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Left to Right: Ms. Myrna
Jimenez, Gov. Denis Habawel and Ms. Judith Fortin
|
A
few minutes of discussion, the lawyer-governor shows his eagerness to help the
CHRP-UNDP team in propagating the news about the Martial Law claims. He said, “It is a law. Of course, I am willing to help my
constituents and assured to help in my own capacity.”
The
whole team was so grateful with the governor’s hospitality, his acceptance and
his recognition on RA10368.
THE LIVING CONDITION. THE
ECONOMIC ACTIVITIES.
My
experience in Ifugao province is very meaningful and exciting. I was able to eat the well-known “NGA NGA” (Betel
Nut) offered by an Ifugao tourist guide. It is also available in a complete pack all
over the place.
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| Tourist guide from the Municipal Tourism Center (Dondon) |
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| Betel Nut or "nga-nga" packed in a cellophane with Apog, Tobaco Leaves, Mint Leaf and a mint fruit |
The HARVEST TIME
Festivity.
Years ago, only the Ifugao
women do the planting and do the rice harvesting, but since the culture evolves,
nowadays, men can also be seen in the rice fields, they helped women during the
harvesting time. Men doesn’t need to
hunt to feed the whole family, many farm animals are readily available.
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Knife used for cutting rice stalks
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By the way, the
“Mumbaki” or the ‘Elders’ will start the offering ceremony from dusk until dawn. They recite their own kind of prayers. They dance around the
“alay” (or offering) before they kill it.
.JPG)
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| Mumbaki (elders) dances along the "alay" from dusk to dawn |
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| Rice Wine |
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The “KINTIB”
(ceremonial offerings) was placed on a heavy stone container.
|
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| Chicken and its blood as part of offering (young mumbaki makes the ritual) |
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| Meal time - men gathered together to share food before the harvest. |
The
pig was cooked in boiling water "without" any other ingredients. The pig was served hot (salt served
separately on the side) to all the guests and to all workers who helped in
harvesting the rice.
Before
going back to Manila, we went to see some Ifugaos’ paraphernalia and other
artifacts at the IFSU (Ifugao State University) Museum located at Bahawit,
Lagawe, Ifugao.
Ifugaos believed that their
God of Harvest (Bulul) will continue to give them good harvest. The main agricultural crop in Ifugao province
is of course palay.
Model houses of
Ifugaos. Mayoyao House and Tuwali House
Coating garments of the Ifugaos
during hot and rainy season. KINAGE
(right) – is a man’s rain cape constructed out of abnut fiber from bangi palm,
sewed with abaca fibers. TUDUNG (left)
– is constructed out of pandamus leaves (gakad, ga-ad) and framed with rattan
or bamboo.
We have seen different models of weaved bags of
the Ifugao men. It was all from good
materials and a wonderful craftsmanship.
"Balinggaw, Upig" (Shoulder Bag) - used by men to carry personal items such as betel-chewing supplies and it can also be used to contain rice and other food supplies and other valuables when going to work in the rice field.
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| "Balingaw or Upig" (Shoulder Bag) |
"Balinggaw, Upig" (Shoulder Bag) - used by men to carry personal items such as betel-chewing supplies and it can also be used to contain rice and other food supplies and other valuables when going to work in the rice field.
The Rice Terraces of the Philippine Cordilleras has been with the UNESCO
Heritage project for preservation and restoration. I just
noticed that the original stone staircases and the stone field path-walk
“pilapil” were not fully restored. There
are major roads and other basic facilities like schools, public market that is
under construction, although trees are not as many as expected, there are some
areas without trees and landslides are noticeable.
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| Stone path walk |
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| Cemented stairs |
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| Ifugaos modern house |
.JPG) |
| Cemented path walk |
Nevertheless, I could say that my over-all assessment in the Ifugao area is still rich with old and traditional culture. In general, I believe that it continues to give the nation’s pride and to show the whole world its real beauty.
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| "bukang liwayway" (dawn) - the sun starts to shine forming V-shape shadows in the mountain |
I
am hoping that the Local and National Government Units will continue to develop
and help the local community towards ‘real’ progress rather than being used in
exploring new things that may harm both the Ifugao cultures and the environment.
I
am hoping that the “younger generation“ will have enough to enjoy what was left
by their ancestors, not just the culture but a healthy environment… a land to
call their own... The real “heritage”.
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| “It is painful to recall - - that was long time ago!” |
Aginaya Bimuntag
Bo. Luboong Hungduan, Ifugao
On
the other hand… as mentioned earlier, the purpose of my trip was merely
campaign drive and information dissemination.
The
Republic Act 10368 is for real people like Ms. Aginaya Bimuntag, she is around
72 years old but whenever she sees her gunshot in her knee she said “It is
painful to recall… and that was long time ago.”
Her full stories have been documented by UNDP-CHR. It was on film and she spoke in her Ifugao
dialect.
President
Benigno Aquino, III signed the law last February 25, 2014, with a budget of P10Billion,
purely allocated in the Martial Law victims.
This was the money recovered out of the Marcoses’ deposits in Swiss
banks, and only $4M was recovered out of $10M.
There
are two types of reparations, namely the Monetary and the Non-Monetary
Claims. The Monetary will be given to
the victims and survivors depending on the gravity of abuse. The CHRP-UNDP and the HRVCB issued posters and
other reading materials for the public to know the process of the claim. The Non -Monetary
claim, however, will be distributed in terms of scholarship programs, for the
families of the victims and survivors.
The
Republic Act 10368 entitled “An Act Providing for Reparations and Recognition
of Victims of Human Rights Violations During Marcos Regime, Documentation of
Said Violations, Appropriating Funds Therefor and For Other Purposes” (also
known as Martial Law Victims’ Reparation and Recognition Act of 2013).
Commission
on Human Rights of the Philippines (CHRP), headed by Ms. Myrna Jimenez (Project
Manager of ML) is on its way combing all possible survivors all over the nation
with the technical and financial assistance of the United Nations Development
Programme (UNDP) headed by Ms. Judith Fortin (UNDP Program Manager).
The
United Nations Development Programme (UNDP) in support with CHRP is taking a
big step towards the ML information and dissemination. It is a face-to-face interaction with the
victims, survivors and its families. It
is a real eye-opener there are violence against the Economic, Cultural, and
Religion happened four (4) decades ago.
The salient features of RA 10368 for public guidance:
1. There will be a six-month
period for all legitimate claimants to file claims for reparations and
recognition with The Human Rights Victims’ Claims Board (HRVCB). This will cover from May 12, 2014 up to
November 10, 2014.
2.
The
Board and Secretariat, of the Claims Board started the roll-out and public
consultations on the Implementing Rules and Regulations (IRR) in Luzon, Visayas
and Mindanao.
3.
The
law imposes stiff penalties, which include imprisonment of 8 to 10 years, among
others, on anyone who makes or facilitates a spurious or fraudulent claim. Anyone who conspired to facilitate any
fraudulent claim shall also be prosecuted.
4.
The
study of this law will be included in the education curriculum so it will not
be repeated again in the future.
5.
The
Human Rights Violation victims will soon have a Memorial Museum, and public are
also encouraged to donate any kind of paraphernalia, bit and pieces or any
belongings that will contribute to the said museum.
6.
Only
one may claim among the siblings if the parents are both dead. Only direct descendants may claim. If the victim was not able to recover from
distress a psychiatric document is needed and the claimant must establish a
strong relationship with the victim.
HRVCB says, “We commit to
truth and justice. We call on everyone to exercise vigilance against
misrepresentation. We need to help one another in preventing the devious from
taking advantage of the victims and survivors of the atrocities of the Marcos
regime.
The
victims and survivors of martial law belong to a generation who stood up for
democracy and freedom against tyrannical rule. Some of them have died and some
are in the twilight of their lives and the Claims Board commit to facilitate
the recognition and reparations that are rightfully theirs.”
The
CHRP and UNDP Team are both extending their help in order to assist the
victims, the survivors and their families in filling-out the forms, detailing
of stories in their affidavit, filing of affidavit and all forms of assistance
they need.
FREQUENTLY ASKED QUESTIONS
(For Public Information)
Q: What is Republic
Act No. 10368?
A:
RA 10368 is the ''Human Rights Victims Reparation and Recognition Act of
2013".
Through
this law, the State:
- Recognizes the heroism and sacrifices of human rights violations victims (HRVVs) during the regime of former President Ferdinand E. Marcos covering the period from September 21, 1972 to February 25, 1986; and
- Acknowledges its moral and legal obligation to recognize and provide reparation to the victims.
The
Human Rights Victims Claims Board (HRVCB), a quasi‐judicial body, was created to receive, evaluate
and process claims, award reparation, and recognize the victims by enshrining
their names in the Roll of Human Rights Violations Victims
Q: Who may apply?
A:
- A person who is a human rights violation victim (HRVV) as defined by the law;
- Claimants who are conclusively presumed to be HRVV under the law;
- Legal heir/s, or authorized representative of HRVVs who are deceased, incapacitated, or involuntary disappeared.
To
be considered an HRVV, the human rights violation/s must be among these
enumerated in the following table and committed by persons acting in an
official capacity and/or agents of the State during the period from September
21, 1972 to February 25, 1986.
Violations committed one (1) month before and (1) month after these
dates are included, provided that they were committed:
- By agents of the State and/or persons acting in an official capacity;
- For the purpose of preserving, maintaining, supporting or promoting the said regime; or
- To conceal abuses during the Marcos regime and/or the effects of Martial Law.
The
claimants who are conclusively presumed to be HRVVs are 1) the class suit and
direct action plaintiffs in the Human Rights Litigation Against the Estate of
Ferdinand E. Marcos in the US Federal District Court of Honolulu, Hawaii who
won a favorable judgment, and 20 the HRVVs recognized by the Bantayog ng mga
Bayani Foundation.
Q: What are the
human rights violations (HRVs) covered and how many points are
assigned to them?
A:
Human Rights Violations
|
Points
|
Killing
of persons exercising their civil and political rights;
Involuntary
disappearance (still missing) as defined in Republic Act No. 1035(3),
otherwise known as the “Anti-Enforced or Involuntary Disappearance Act of
2012”;
|
10
points
|
Torture,
as defined by the Republic Act No. 9745, otherwise known as the “Anti-Torture
Act of 2009”, and/or rape or sexual abuse;
|
6-9
points
|
Detention,
(meaning the act of taking a person into custody against his will by persons
acting in an official capacity and/or agents of the State, as is commonly
understood under pertinent penal laws), without a valid warrant of arrest
issued by a civilian court of law, including:
a. Any warrantless arrest or
detention carried out pursuant to the declaration of Martial Law, and
b. Any arrest, detention or
deprivation of liberty on the basis of an “Arrest, Search and Seizure Order”
(ASSO), a “Presidential Commitment Order” (PCO)or a “Preventive Detention
Action” (PDA) and such other similar executive issuances,
c. Or in any manner that the arrest,
detention or deprivation of liberty was affected;
|
3-5
points
|
Force
or intimidation causing involuntary exile from the Philippines
|
1-2
points
|
Force,
intimidation or deceit causing unjust or illegal takeover of business,
confiscation of property, detention of owner/s and/or their families, deprivation
of livelihood of a person by agents of the State including those caused by
Ferdinand E. Marcos, his spouse Imelda R. Marcos, their immediate relatives
by consanguinity or affinity, their immediate and close relatives,
associates, cronies, and subordinates;
|
1-2
points
|
Kidnapping
or otherwise exploiting children of persons suspected of committing acts
against the Marcos regime;
Sexual
offenses committed against human rights victims who are detained and/or in
the course of conducting military and/or police operations; and
Other
similar and analogous violations.
|
1-2
points
|
Q: Where should the
HRVVs/claimants file their applications?
A:
Applications must be personally filed with the Secretariat of the Board at its
main office at the University of the Philippines Institute for Small Scale
Industries, E. Jacinto Street, Quezon City, or at on‐site/satellite intake offices to be designated.
Q: When should the
application is filed?
A:
The claims must be filed from May 12, 2014 to November 10, 2014. Failure to
file within this period is deemed a waiver of the claim.
Q: Is there a fee
for the filling of applications?
A: There
is no fee for the filling of applications or appeals. The Board has not
authorized any individual or organization to receive applications or appeals,
collect fees or to act on its behalf.
Q: What documents
are needed?
A: The
applicant shall submit the following to support eligibility as a claimant:
- Application Form;
- Detailed notarized statement of the human rights violation;
- Proof of affiliations and relationship issued by the National Statistics Office (NSO) of Office of the Local Civil Registrar. In the absence thereof, affidavits of at least two (2) disinterested individuals;
- In case the HRVV is physically incapacitated to file the application personally, a notarized authorization showing proof of identity of the authorized representative and his/her bona fide relationship with the victim;
- In case of mental or psychological disability of the HRVV, proof of affiliation and relationship of the nearest next of kin in accordance with the Civil Code provisions on succession issued by the NSO or Office of the Local Civil Registrar.
Q: What are needed
to prove the HRV?
A:
To prove the HRV, the applicant shall submit one or more of the following:
- NSO‐issued or local death certificate; Warrant of arrest, seizure orders (PDA, PCO, ASSO), mission order and other similar documents;
- Certification by custodial government agencies on the fact of detention, carpeta, police blotter, NBI files, release papers and other similar documents;
- Doctor’s affidavit, medico‐legal, autopsy or pathology certificate or report, and other similar documents;
- Declassified documents from the Department of national Defense and other government agencies;
- Court records;
- Original or duly certified lawyer’s records;
- Photographs with affidavit of proper authentication;
- Sworn statement of two (2) co‐detainees or two (2) persons who have personal knowledge of the circumstances surrounding the HRV;
i.
Secondary sources of information
from reliable sources may be presented such as church/non‐government organization report, books
documenting HRVs, news clippings or other similar documents;
j.
Other documents and evidence
attesting the occurrence of the incident and violations or that may be required
for the award of any reparation.
Q: What is the
procedure for filling of application?
A:
Step
1 – Accomplish application form and attach
notarized statement about the Human Rights Violation/s, together with other
documents to support eligibility and proof of human rights violations. (See list of documents in Nos. 7 & 8.)
Step
2 – Submit application and documents to the
receiving section of the Secretariat. Complete applications will be referred to
the encoding section. Incomplete applications will be returned to applicant for
completion.
Step
3 – Applicant’s photograph and fingerprint will
be taken. Acknowledgement Receipt will be issued, to be used for
identification, for tracking claims and for receiving reparation.
Q: What happens
after the applications are filed?
A:
a)
The Board will evaluate each
individual claim and decide on eligibility to receive monetary reparations.
b)
The preliminary list of eligible
claimants will be published to give opportunity for the filling of opposition
and/or appeal.
c)
The final list of eligible claimants
will be published after all oppositions and/or appeals have been received.
d)
The monetary award per claim will be
determined within thirty (30) days from publication of the final list of HRVVs.
Q: When will
monetary reparations be distributed?
A:
After the monetary award for all claims has been finally determined,
distribution shall be scheduled by the Board and each claimant shall be duly
notified of the details for delivery of monetary reparations due him/her.
Q: Where can I get
an application form?
A:
You may get a copy of an application form duly issued by the Board at its
office or at on‐site satellite
offices to be designated later:
Human
Rights Victims’ Claims Board
E.
Virata Hall, E. Jacinto St.
UP
Diliman, Quezon City
Q: What are prohibited acts and what are the penalties for
commission?
A:
Prohibited Acts
|
Penalties
|
Filing
of a fraudulent, fictitious or spurious claim by any claimant.
|
Imprisonment
of eight (8) to ten (10) years,
Disqualification
from public office and employment and
Deprivation
of the right to vote and be voted for in any national or local election, even
after the service of sentence unless granted absolute pardon.
|
Misuse,
embezzlement or misappropriation of reparation funds by any member of the
Board, its Secretariat, public officer, employee of an agency or any private
individual mandated to implement the Act
|
Penalty
under the Revised Penal Code and relevant special penal laws.
|
Commission
of fraud in the processing of documents and claims of HRVVs, or conspiracy
with any individual to commit the same by any member of the Board, its
Secretariat, public officer, employee of an agency or any private individual
mandated to implement the Act
|
Penalty
under the Revised Penal Code and relevant special penal laws
|
I also took this opportunity to inform “some” who are out there to take a leap if they belong to the ML victims. This is another harvest time… this is the right time to take benefit from what we call “justice”. ⊡shqq2014
#Ifugao #MountainProvince #IPs #culture
Thank you very much.
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