DAVAO CITY, Philippines – Former City Councilor Bai Halila Y. Sudagar has returned to her post temporarily after the National Commission of Indigenous Peoples (NCIP) XI released on Monday a Certificate of Indigenous Peoples Mandatory Representative (IPMR) hold-over status for Davao City.
Regional Director Atty Geroncio R. Aguio III certified the endorsed resolution granting Sudagar the status as Indigenous Peoples Mandatory Representative from June 30, 2018 to November 30, 2018 or “until her successor is duly selected whichever comes first in the community of Davao City.”
The resolution was issued by Provincial Officer Cristituto D. Ingay and signed by all members of the Indigenous Peoples/Cultural Communities dated June 25, 2018.
The resolution is based on the Supreme Court decision on the Lecaroz vs. Sandiganbayan case, “Indeed, the law abhors a vacuum in public offices, and courts generally indulge in the strong presumption against a legislative intent to create, by statue, a condition which may result in an executive or administrative office becoming, for any period of time, wholly vacant or unoccupied by one lawfully authorized to exercise its functions. This is founded on obvious considerations of public policy, for the principle of holdover is specifically intended to prevent hiatus in the performance of government function.”
The certificate said Sudagar “may qualify to continue the performance of the duties of the office retroact on June 30, 2018, furnishing the Department of Interior and Local Government (DILG) and the concerned Local Government Unit with copies of certification”.
Sudagar a member of the Kagan tribe who served as the sectoral representative of the indigenous people in the city after she was selected as the city’s Indigenous Peoples Mandatory Representative (IPMR) in 2015.
In her term in the city council, Sudagar chaired the committee on cultural communities and Muslim affairs where she passed an ordinance, the IP Attire Ordinance, requiring the mandatory conduct of cultural orientation and consultation of proper use of indigenous people’s traditional attire in parades, gatherings, and other public exhibits or the.
She also authored the Halal Lane Ordinance in 2016 mandating the segregation of halal food from non-halal food in the market which aimed to protect and respect the religious belief, customs, and traditions of the Muslim community in the city.
In Tuesday’s press conference, Davao City Vice-Mayor Bernard Al-ag confirmed the certification of the NCIP.
The vice mayor said he ordered Sudagar to chair the vacant committee of cultural communities and Muslim affairs and conduct committee hearings to cater pending matters before the city council under her committee.
Among Al-ag’s order to Sudagar, who will temporarily represent the indigenous people and Muslim tribes in the council, is to settle the conflict between the Bagobo Klata tribe and the NCIP XI after the latter disqualified Bai Cherry Ann Codilla as Indigenous Peoples Mandatory Representative (IPMR) due to lack of genealogical qualification.
Codilla filed a case against the NCIP to challenge its decision not allowing her to represent the Bagobo Klata tribe in the 18th council. The NCIP refused saying it was only adhering to the IPMR national guidelines.
Sudagar said she would be proposing the Alternative Tribal Dispute Resolution which will allow tribal community leaders to resolve and settle first tribal problems.
She said that the resolution will acknowledge the tribal culture and practices to decrease cases of IP’s in court.
In addition, Sudagar is also eyeing to propose a resolution with respect to Hijab Ordinance. She is scheduled to meet with Councilor Al Ryan Alejandre in order to discuss the crafting of the IP Attire Ordinance.
She will be also joining the Kadawayan Execom representing the IP sector.(davaotoday.com)
