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DEPARTMI{NT OT- THE [NTERIOTTA.I-.ID LOCAL GOVERIIMENT
A. Francisco Gold Condonriniurir Il Llklg. EDSA
t;orner Mapagumhal Street, I)iiirnan, Quezon City

LEGAT SURVICE

DILG OPINION NO. 55 S. 2OIO

May 20, 2010

PILARITO O. DUQUE
Secretary to the Sanggunian
Municipality of lvlonkayo
Compostela Valley

Dear Mr. Duque:

This has reference to Resolution No. 50 of Sangguniang Bayan of

Monkayo, Compostela Valley inquiring from this Department on the
status of the Indigenous People's (IPs) representation to the local
legislative body, in aid of legislation.

In this regard, please be informed that we already answered a

similarauery in DILG Opinion No. 69, series of 2007, where we opined
that M 8371 and its Implementing Rules issued by the National
Commission on Indigenous People (NCIP) is already sufficient as an
enabling law to install the indigenous peoples representatives in the
different Sanggunians of LGUs. f
Attached herewith is the photocopy of DILG Opinion No. 69
series of 2OO7 for your ready ref€rence.

Thank you.

Very truly yours,

By Authority of the Secretary:

Legal:20/Merle
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F 22 August 2007
,lt,.lr,.i ,,1

I DINECTOR LORETO T. BIIAGT,VANI

I DILG Regional Office No. 09

Zamboanga City

I Dear Dir. Bhagwani:

This- refers to your earrier Incrorsernent of the

retter or Director
r Celestino D. Talpis, National Commission on Indigenous people,
Office No. 09, Zamboanga City, endorsing Mr. iimuay
representarive of the Indigenous peopre toihe
Anito L.
Regional
Tilos as
sangguniang pantungsod of
I Zamboanga City, for appropriate action or tegal guiOun.e/opinion.

In reply thereto, rnay we-first ray down the provisions

; olherwise known as the Locar Goveinment coie, in under RA 7160,
reration to RA g3ii,
otherwise known as ,,'The Indigenous people,s
I Rights
with regard to the sectorar regrreientations iriail sang-gunians oJ lgg?.
To start witb, Section 41 (b) arrd (c) of BA 7160 provides;
Act
ut Jrr r.uur".

.(b) The regular members of the

I sangguniang
panlalawigan, sungguniang panlungsoi,- un?
sangEuniang bagan., sha- be elected. bg ilistrict, q.s
tnag
be p.roaided Jor b-11 t y. Sangginiang iorongig
! members shq.It be elected at large. The
ftesid"nt! i1
the leagues of sanggunian membirs af component
I and. tnunicipo.lities shall,serve o, u*-Lyyt"fi
cities
oj
the sanggunia.ng panlalauigan ci,ncerned. ^"^t"r"l,he
presidents of the liga ng mga barangog and. the
I ped.erasgon ng nlg? sangguniaig kqbataqn elected. bg
their respectiue chupters, as protided in this Codi,
I shall serue as ex-oJfi.cio metnbirs of ttte sungguniang
panlalauigan, sangguniang panlungsoi,- on&
sangguniang bagan.

I (c) In addition tlrcreto" there shall be one (L)

sectoralrepresentatiae frorn the utomen, one (7) the
workers, and one (L) from ang of the fol.Iotuingfrom
sectors:
I the urban poor, indigenous cuitural coimunities,
d.isabled persons, or aftg <tther sector oLs mag be
determined bg the sanggunian concerned within inetg
(9O) d.ags prior
to the lrcIdirtg oJ, the next tocal electioni,
il a.s mag be prouided for bg laqt. ,Ilrc COMELEC sha.Ii
promulgate tIrc ntles and re$ulations to ejfectiaelg
!
It
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prooide for tLrc election of such sector'al

representatiues."

I With respect to cities, SectiolI 457 of the Local Governmcnt Cocle

provides that:
*SE;C. 457. Composition.- (a) The sangguniang
panlwngsod, the legislatiue bodg of the citg, shall be
'compotud of the citg uice wraAor as presiding offic'zr'
the regulan' sanggunian mewrbers, the president of the
citg ciapter of the tiga ng tvlgd barangay, the preside:nt
oflne panlungsod na pedersagon ng mga sangguniang
iorbcrtiorn, and the sectoral representatiaes' crs
mem.bers.

H In addition thereto, tlwre shall be three (3)

" sectoral representatiaes: orLe (1) frorn tlte womeft; d'ed'
as shc:ll ie determined by the sanggunianofconcerned
the local
roithin ninetg (9O) dags prior to tlrc holding
elections, oie' 111 frotn the agriculturttl or industrial
uorkersl and one (L) from the other sectors' including
the urban poor, ittdigenous cultural tninorities' or
disabled Persons.

lc) The regular ntembers of tlrc sangguniang

pantiigsoa and ihe sectoral representatia-es sha'll be-
.teSlgL jn tn" U-rt "t-oS-'loy pe prpttided for bu law'"
(unde rlining ours)
Withoutfirstdwelling{)nRAS3Tl,w|-tichisalater|aWthantheLoca|
-ctear
Government Code, it is that under Section 41 (b) of the Local
and ex-officio
Gou"rnrn.nt Code, the Sanggunian, in addition to the regular
.".u"r., shall be furtherlomposed of 3 sectoral representatives. lt is
and workers are
noted that under said provision, the sectors for women
other sectors' such
atready assured of one seat each' With respect to the persons or
ull.,L'urnun poor, indigenous cultufal communities, ctrisabledninety (90) days
uny otf,", t""ior, the S-anggtrnian shall determine withrin the
pril, to the holding of the iJxt local elections which sector from among
Lther sectors shall be represented in their respective
Sanggunians'

Section 41 (b) of the Local Government Code hils

to be reconciled
composition of the
with section 457 of the same code vvith respect to the
Sangguniang Panlungsod' As to the latter, again'
it is provided that in
aOoiiiln to the regular and ex-off icio members of the Sangguniang in the
eanlungsoO, there thall be three (3) secioral representatives is the
bu"ggr"ti.^. What is important to note in Section 457 of the Code and that
fact that the women secior is assured of one (1) representation'
given the option to
with respect to the workers sector, the SanEgunian is
determineastoWhetherthesectora|representativefortheworkersshal|
come f rom the agricultural or industrial urorkers
sector'

again, the
With resPect to the third seclpral representative,
which sector, including
Sanggunian is given the Power to deterftine from
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lT l:oi" poo',.indigenous
be represented
curturar oo,mmuniries
in ttle SanEEulnian"
or disabred persor.rs, sharlr

In tlris regard, it bears to enrg,trasize further

section a57 (c)' it is provided that the that under the aioresairl
representatives of the
sangguniang panrungsod shat be .ructeJ-ir "."io.urthe manner as rnay
provided for by law. Unfortunately, however, be
as of this Oate, Congr;sJ nas
yet to pass a raw providing for" t{"le mannen
representatives in the SanE,Eunia*E panlunEsod
of erecting the sectorail
Local Government Code. This woutd un.*i,
as mandJted ,^J* li,u
vuhy that even at present,
there are stit no sectorar representatives irr
at the sangguniun., 'io, tnu,
matter, as provided for by flre Local Government
Code.
Meantime, on 29 Octobe r ZOA{, RA g321, otherwise
"Iny'igenous Feople,s Riglrts Act of Lggf. was approved known as the
into law, Said law recoEnizes the and signed
fiolicy of t". Stut. in affording the
indigenous peopre communities adequate representations
government Sanggunians at all levels. precisely, in the rocal
pursuant to Section O,
Rute.rv of the rmprementi'rg Rures a'd Reguririons
mandated that indigenous peoples shall be reflr.esented
ot nn eiiil-it is
at all levels whose representatives shafl be seiected
in all Sanggunians
in accordance with the
customs aud traditions of indlgenous people
.tlle "
line, it is noted that it was ttre nl"ngi;i"
Nationat commission"ono"rn"J.
on rndigenou" p;;;"
(NclP), which was mandatecr by raw to
up with the lmprementing
Rules and Regulations. "ome

Hence,'as in the cases of flre provinces of Zamboanga

compostelar vaNrey where thu r\crP had arreacry Sibugay and
necognrzed and confirmed
the selection of the indigeno{.{s people representatives
sanggunians, this Department arrso accorded its due
to their ,.;d"ii;"
recognition based on
the confirmation issued by the NCrp. on this note,
it bears to emphasize
that the assumption of the indigenous peopres representative
sanggunian need no other furrherlppointrneni since tlreir in the
the local leEislative body is nrandated by operation
us"umptionio
of lalv.

^ The f0regoing
sanggunians
discussion considered, vve are no,uv of the view that
of LGUs at afl revers shafl be composecr of its
members' ex-officio members, the three (3) sectorar representative" regurar
pertinent provisions of the l_oeal dovernrnent bode p."rlt.
anO one ii I
representative from re lndigenous people,s Cornmunity per
RA 8371.
With regard to sectoral representative representinE the
"the-
Indigenous Feople, clearly, RA g371 and its hnplementing Rules issued by
the NC'P is arready suflicient as an enabring raw to instit
peoples representalives in the different Sang!unians
the indigenous
of LGUs.
Hence, we are of the vievu that there is no more legal
impediment to
recognize the assumption of ll{r. Timualy Att.ita L.
Titros as'the officiar
representative of rhe inciigenous peopre in the sanEguniang panrungsod
Zamboanga city in vievu of the r.ecognition and enclorsement of
Region 09 Director, Hon. cerestino D. Tarp}'$ dated 12 January
of NCIF
200r, that
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Tilos have fully naet the requireffrents provided for hy RA 832'l in the
lVlr.
selection procedure as ICCflP representative in the Sangguniang
Panlungsod ol Zamboanga City.

In this regard, may we, however, emphasize that the SanEguniang

Panlungsod of Zamboanga City has to enact a City Ordinance providing for
the appropriation of city funds for the salaries ancl other emoluments to be
given to the concerned sectoral rep[esentative"

We hope to have enliEhtened you on the matter"

Very truly yours,

*"(f in^runorn,o
Undersecreray/p/
Legal:43/La

cc: The sangguniang Panlungsod

Thru: The Presiding Officer
Zamboanqa City

Director Celestino D. TalDis

National Commission on Indigenous People
Regional Office No- Og
Zamboanga City

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