Patricia Avena

Kamille Caleon
Alyn Campos
Justin Cheng
Carlos De Guzman
Arrielle Tugade

09/21/15
TH 141 K

Integration Workshop: Research on General Nakar, Quezon

I.

What is the Laiban Dam Project?

The Laiban dam project was proposed to try to make ends meet for the expected water supply

shortage on the future. Its original proposal dates back to the early 1980s and was expected to start
the initially 48 billion pesos project's construction in 5 years from 2010 to 2015. It was taken into light
during Marcos' regime when the Marikina project was deferred by Marcos, and he was instead
presented a more feasible project, the Laiban Dam project. With this project in the spotlight,
construction of the highway to the site went underway almost immediately.
In 1989 however, it was subjected to deferment according to the MWSS board of trustees as
other equally or more important water projects came into their attention. But regardless, other preconstruction for the construction of the dam project was still underway.
In 1997, MWSS was declared a private entity which allowed the system of waterworks sewerage
to be also privatized under the Concession Agreement, subdivided into East and West service areas.
The following year, in 1998, President Estrada passed the Memorandum Order No. 10 which
mandated the MWSS to immediately resume the implementation of Laiban Dam Project. Loan for the
construction was immediately negotiated the following year for 1 million US dollar. From that time until
2008, negotiations of legality, papers, approval, and technicalities were made. On that year, it was
declared urgent by the MWSS because of the water supply deficit in Metro Manila and reliability
issues of the Angat Dam. MWSS the pursued the Project through Joint Venture Agreement scheme
which allowed other interested parties to submit their proposals to take part into constructing and
managing the Laiban Dam.
Fast forward to the current situation, the new estimated price of the project as quoted by the
proposal of San Miguel Corporation under Danding Cojuangco rose to 52 billion pesos from the
proposed 48 billion pesos price back in 2009 which was tagged as the costliest infrastructure to be
implemented by the MWSS.
In 2015, the SMC group is still interested in the project because according to Ortiz, SMC Global
Power Holdings Corp. president and COO, Theres eight billion liters of water and all eight billion go
back to the Pacific Ocean. He estimates that the Laiban Dam could power up to 800 megawatts.
Concerns regarding this are the indigenous people whose livelihood would be greatly affected
by the dam project. Approximately 21,000 farmers and indigenous people from Tanay, Rizal and
General Nakar, Quezon would be displaced
II.

What is IPRA Law?

Republic Act no. 8371, better known as The Indigenous Peoples Rights Act of 1997 is a

legislation designed to recognize, protect and promote the rights of indigenous cultural
communities/indigenous peoples, creating a national commission on indigenous peoples, establishing

implementing mechanisms, appropriating funds therefore, and for other purposes. Arising from the
nations issues regarding the rights and recognition of cultural minorities to certain lands and
territories, the legislation has seen and developed a number of different versions and iterations
throughout the years and has since then evolved and culminated into the statute it is today. Stated
within the act are certain provisions meant to honor and preserve basic freedoms entitled to the
indigenous peoples and cultural communities of the Philippines. Under these provisions, the IPRA
ensures the preservation and development of the peoples cultures and ways of living, it recognizes
their rights to ancestral domains and thereby assuring their social, cultural, and economic well being,
and the act itself aims to provide the indigenous peoples with the most fundamental rights and
opportunities granted to their fellow citizens and seeks to protect them from all forms of inequity and
discrimination.
III.

What are the measures being undertaken to safeguard IPs affected by the Laiban Dam
Project?
Hindi kami papayag na ililipat dahil naniniwala kami na kung lilipat kami sa kinalalagyan

namin ngayon para kaming ililibing na sa lupa na hindi namin alam. Dahil yung aming kultura, lalo na
sa katutubo, ay hindi na naming pwede gawin sa paglilipatan sa amin, Conchita Calzado, member
of SAGIBIN (Dumagat Remontado peoples organization)
In 2014, The Agta tribe, headed by Ramcy Astoveza, said that they vowed not to give the
FPIC (Free Prior and Informed Consent under the IPRA) for the dam project. They strongly believe
that if they give in to the government, they will only seal the death of our tribe.
2014: The Water for the People Network (WPN), a nationwide multi-sectoral alliance of
various groups campaigning for peoples control over their water resources, protested that the building
of the Laiban Dam is unnecessary and that the MWSS and SMC are simply misleading the public
about the water deficit that will happen this year if the project is not pursued. The group also argues
that the construction will displace around 21,000 farmers and indigenous people in Tanay and
Quezon.
2015: In a recent article by Rappler, some members of the ethnic community were
manipulated into agreeing to MWSS terms, which resulted to the issuance of the FPIC. Conchita
Calzado, member of SAGIBIN (Dumagat Remontado peoples organization), fights that the FPIC
was not properly obtained and argues that this is a decision of the tribe not an individuals decision. IP
rights experts also confirmed that the Dumagata-Remontados should question the FPIC process.

IV.

What are the other IP tribes located in Rizal, Quezon, Aurora provinces?

Dumagat/Agta - considered to be negritos

Dagat- sea; dumagat people of the sea/people who came by the sea
Possibly from Celebs of Indonesia and Papa, New Guinea
Hunters, food-gatherers

skin ranges from dark to very dark brown, and possessing features such as a small stature and frame;
hair of a curly to kinky texture and a higher frequency of naturally lighter color relative to the general
population; small nose; and dark brown eyes.
Rizal: Tanay
Quezon: Alabat island, east of Quezon
Aurora: Umiray dumagat south of Baler to Infanta, Quezon, northern coast of Polillo Island
Casiguran dumagat 700 km 2 on eastern sierra madre, casiguran

Remontado

Inter-married with dumagats or agtas

Half-dumagat, half-tagalog
Uplands along sierra madre
Spanish verb remontar to flee to the hills, go back to the mountains
Also referred to as taga-bundok or magkakaingin
Deep brown skin, ave height 128 cm, curly to straight hair, high cheekbones, small slightly flared

noses, Mongol-type eyes, and teeth that are sometimes filed and red from chewing betel nut
Lean, small built with firm muscles, broad feet because of physical daily work in the fields, climbing

hills, or hiking the forest

Semi-nomadic but no reported case of heavy migration
Population as of
1936: 2,650
1981: 2,750
2000: 2,530
Rizal:

Tanay: Tinukan, Mamuyao, San Andres, Cuyambay, Layban, Daraitan and Sampaloc
Montalban: Macabod, Anginan, Cabooan, Mabolo, Malasia and Puray
Antipolo: Sta. Ines
Quezon: Infanta, Real, General Nakar

V.

What are Ancestral Domains and Ancestral Lands?

According to the IPRA, Ancestral Domains refer to all areas generally belonging to

[Indigenous Cultural Communities] ICCs/IPs comprising lands, inland waters, coastal areas, and
natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, by
themselves or through their ancestors, communally or individually since time immemorial,
continuously to the present except when interrupted by war, force majeure or displacement by force,
deceit, stealth or as a consequence of government projects or any other voluntary dealings entered
into by government and private individuals/corporations, and which are necessary to ensure their
economic, social and cultural welfare. It shall include ancestral lands, forests, pasture, residential,
agricultural and other lands individually owned whether alienable and disposable or otherwise, hunting
grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and

lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had
access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who
are still nomadic and/or shifting cultivators.
The laws concept transcends physical and residential territories to include areas of spiritual,
cultural and traditional practices. Ancestral Lands refer to land occupied, possessed and utilized by
individuals, families and clans who are members of the ICCs/IPs since time immemorial, by
themselves or through their predecessors-in-interest, under claims of individual or traditional group
ownership, continuously, to the present except when interrupted by war, force majeure or
displacement by force, deceit, stealth, or as a consequence of government projects and other
voluntary dealings entered into by government and private individuals/corporations, including, but not
limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots. It is
also subject to property rights within the ancestral domains already existing and/or vested upon
effectivity of R.A. 8371
IPs in the Philippines can claim ownership in three ways: by virtue of a native title, getting
formal recognition of ownership by acquiring a certificate of ancestral domain title (CADT) or
certificate of ancestral land title (CALT) from the National Commission on Indigenous Peoples (NCIP)Ancestral Domains Office (ADO), or by securing a certificate of title by virtue of Commonwealth Act
141, as amended, or the Land Registration Act 496
The rights to Ancestral Domain are as follows:

Of ownership. This includes lands, bodies of water traditionally and actually occupied by
ICCs/IPs, sacred places, traditional hunting and fishing grounds, and all improvements

made by them at any time within the domains.

To develop, control and use lands and natural resources. This includes the right to
negotiate the terms and conditions for the exploration of natural resources in the areas for
the purpose of ensuring ecological, environmental protection and the conservation

measures, pursuant to national and customary laws.

To stay in the territories. No ICCs/IPs will be relocated without their free and prior

informed consent, nor through any means other than eminent domain.
To regulate entry of migrants. ICCs/IPs have the right to regulate the entry of migrant

settlers and organizations into the domains.

To claim parts of ancestral domains previously reserved for various purposes, except

those reserved and intended for common and public welfare and service.
To resolve land conflicts in accordance primarily with customary law.

In the Philippines, there have been countless issues when it comes to Ancestral Lands and
Ancestral Domains. Whether it is by the government, private entities, or foreign investors, a lot of
projects being proposed to develop certain ancestral lands not just violate the law, but also leave the
IPs displaced. Certain issues even cause a divide among the IP tribes. Examples of these projects
would be the APECO and the controversial Laiban Dam.
VI.

How do the indigenous people respond to this project by the government?

The people of Dumagat Remontado strongly disagree to this project as they believe that relocation
will threaten the tribe. They believe that doing so will compromise not only the situation of these
indigenous people, but their culture as well.
Another issue that these people raise is that their consent wasnt obtained properly. Everyone from
the area should be consulted and asked for consent but apparently, only certain tribe leaders were
invited to the consultation of the project. Those who agreed to it will be offered livelihood opportunities
and priority in the relocation (because the promised area in Antipolo is not even enough for the
community). By doing so, the members of the tribe have been violated because consensus was not
met; not even their voices were heard in the first place.
Since then, there were several efforts from the tribe to halt the project, and they were surprised when
PNoy mentioned the execution of the project in his SONA even though there was no consensus from
the tribe.

Sources
Gonzales, Iris C. "SMC to Pursue Laiban Dam Project." Philstar. The Philippine Star, 18 May 2015.
Web. 18 Sept. 2015.
"Laiban Dam a Costly, Needless Project: Indigenous People, Water Advocates Hold Protest at
MWSS." IBON Foundation. N.p., n.d. Web. 19 Sept. 2015.
Mallari, Delfin T., Jr. "Stop 2 Sierra Madre Dam Projects, Agta Folk Appeal." INQUIRER.net.
Philippine Daily Inquirer, 14 Oct. 2014. Web. 18 Sept. 2015.
Noval-Morales, Daisy Y. "The Remontados of the Sierra Madre Mountains." National Commission for
Culture and the Arts. N.p., 30 Apr. 2015. Web. 18 Sept. 2015.
Pamaos, Fred Bertulfo. "Primer on Ancestral Lands and Ancestral Domains." Philippine ELegal
Forum. Jaromay Laurente Pamaos Law Offices, 14 Apr. 2008. Web. 21 Sept. 2015.
Peralta, Jesus T. "Agta Dumagat." Aurora, Philippines - Philippine Tourism Adventure Travel

Destination. N.p., n.d. Web. 18 Sept. 2015.

Philippines. Republic Act No. 8371. N.p.: n.p., 1997. Official Gazette of the Republic of the
Philippines. Web. 18 Sept. 2015.
Ranada, Pia. "Indigenous People Groups Oppose Aquino Legacy Dam Projects." Rappler. N.p., 20
July 2015. Web. 19 Sept. 2015.
Robb, Fr. Peter, C.Ss.R. "With Tribal Filipinos." Interview. Redemptorists. N.p., 01 Oct. 2007. Web. 18
Sept. 2015.
Romualdo, Arlyn Palisoc. "Protecting IPs Rights to Ancestral Domains and Lands." University of the
Philippines. N.p., 25 Sept. 2012. Web. 18 Sept. 2015.