SECRETARY’S CERTIFICATE

I, (DATU) KALASAG [Ellie D. Magnanao] Member of Higaonon Tribe of legal age,

single and a resident of Looc Sur, Poblacion, Asturias, Cebu, after having been sworn to in
accordance with the law, hereby depose and say, that:

1. I am the duly appointed Royal Administrator (Secretary General) of the

Supreme Council of Datus Alimaong (The Holy Warriors) Tribal Confederacy-
Tribal Government, a Peoples’ Organization of the Indigenous Cultural
Communities/Indigenous Peoples, pursuant to section 13 of R.A. 8371, duly
recognized and accredited and existing under and by virtue of the Customary
laws and the laws of the Philippines, with principal place at 0214 Nivel Hills,
Busay, Cebu City.

2. In a special Meeting called in by the Council of Elders held on Dagangkahoy

(February) 19, 2019 Full Moon Ritual at the Tribal Shrine, Kamilon, San Martin,
Villanueva, Misamis Oriental of which majority of the Tribal Chieftains (Datus)
from Visayas and Mindanao were present, the following resolution was passed and
adapted.

RESOLUTION 2019-001
PETITION FOR MANDAMUS G.R. No. 221139
SUPREME COURT 3RD DIVISION BE RESOLVED IMMEDIATELY
DUE TO 1987 PHILIPPINE CONSTITUTION Article VIII Section 15(1)
had been violated

WHEREAS, the criminal case CBU-81130 docketed at the Regional Trial Court
Branch 12 Cebu City against the Grand Chief of the Supreme Council of Datus-Alimaong
Tribal Confederacy-Tribal Government HA DATU TAWAHIG-KETUA (Roderick D.
Sumatra) is the same case that had already been resolved “DISMISSED” by the
Dadantulan Tribunal (Tribal Court) last January 3, 2007 pursuant to the Article XIV
Section 17 of 1987 Philippine Constitution; Sections 13, 15, and 65 of R.A. 8371 “The
Indigenous Peoples Rights Act of 1997”; Supreme Court Circular No. 14-93 of 1993 and
UN-ILO Convention 169 of 1989, and that the Cebu City Prosecutor was given a copy of
the Resolution; however the Cebu City Prosecutor and the Regional Trial Court Branch 12
Cebu City did not recognize the Tribal Court Decision in violation to RA 8371;

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 Article XIV Section 17 of 1987 Philippine Constitution

The State shall recognize, respect, and protect the rights of indigenous
cultural communities to preserve and develop their cultures, traditions, and
institutions. It shall consider these rights in the formulation of national
plans and policies.

R.A. 8371

SECTION 13. Self-Governance- “The State recognizes the inherent right

of ICCs/IPs to self-governance and self-determination and respects the
integrity of their values, practices and institutions. Consequently, the State
shall guarantee the right of ICCs/IPs to freely pursue their economic, social
and cultural development.”

SECTION 15. Justice System, Conflict Resolution Institutions, and

Peace Building Processes. — “The ICCs/IPs shall have the right to use their
own commonly accepted justice systems, conflict resolution institutions,
peace building processes or mechanisms and other customary laws and
practices within their respective communities and as may be compatible with
the national legal system and with internationally recognized human rights.”

SECTION 65. “Primacy of Customary Laws and Practices. — When

disputes involve ICCs/IPs, customary laws and practices shall be used to
resolve the dispute.”

The Supreme Court Circular No. 14-93 dated July 15, 1993 provides

“xxx where the dispute involves members of the same indigenous cultural
community, which shall be settled in accordance with the customs and
traditions of that particular cultural community xxx”

UN-ILO (United Nations-International Labour Organization)

Convention 169
is entitled the “Convention Concerning Indigenous and Tribal Peoples in
Independent Countries and was adopted on June 27, 1989”.

Under ILO Convention No. 169 article 10 which reads:

1. In imposing penalties laid down by general law on members of these
peoples account shall be taken of their economic, social and cultural
characteristics.

2. Preference shall be given to methods of punishment other than

confinement in prison.

WHEREAS, the criminal case CBU-81130 docketed at the Regional Trial Court
Branch 12 Cebu City caused the imprisonment of HA DATU TAWAHIG (Roderick D.
Sumatra) at Cebu City Jail Male dormitory since July 2013 until present causing him
illnesses and trauma and affecting the entire Tribal Community depriving their sacred

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rights to rituals that only the Grand Chief Ha Datu Tawahig can officiate per traditions
and customary law;

WHEREAS, the criminal case CBU-81130 docketed at the Regional Trial Court
Branch 12 Cebu City has been raised to the Honorable Supreme Court last October 21,
2015 through a Petition for Mandamus docketed as GR No. 221139 questioning the
jurisdiction of the Regional Trial Court, Branch 12 of Cebu City;

WHEREAS, the Petition for Mandamus docketed as GR No. 221139 raffled at the
Third Division of the Honorable Supreme Court has been three (3) years and four (4)
months already without the final Resolution;

WHEREAS, the Article VIII, Section 15 (1) of the 1987 Philippine Constitution
states,
“All cases or matters filed after the effectivity of this Constitution must be decided or
resolved within twenty-four months from date of submission for the Supreme Court,
and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts,
and three months for all other lower courts.” [emphasis supplied]

WHEREAS, the Philippines is a nation of laws and no one is above the law;

WHEREAS, a justice delayed is a justice denied;

WHEREAS, the dispensation of justice is the basic duty and responsibility of the
judiciary as enshrined in the Constitution; it is a sacred task of divine origin;

NOW THEREFORE, on mass motion of all the Datus/ Tribal Chieftains in session
assembled, and where duly seconded by all Visayas and Mindanao Elders, unanimously

RESOLVED, That :

1. The Honorable Supreme Court Justices of the Third Division be reminded with
their moral obligation and responsibility under their Code of Judicial Conduct;

PREAMBLE

An honorable competent and independent judiciary exists to administer

justice and thus promote the unity of the country, the stability of
government, and the well-being of the people.

CANON 1

A JUDGE SHOULD UPHOLD THE INTEGRITY AND INDEPENDENCE OF

THE JUDICIARY

RULE 1.01 - A judge should be the embodiment of competence, integrity and

independence.

RULE 1.02 - A judge should administer justice impartially and without delay.

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 2. The Honorable Supreme Court Justices of the Third Division be reminded with
the approved Bangalore Principles of Judicial Conduct, submitted for
consideration of the participating Chief Justices, including the Chief Justice
of the Philippines, a Code of Conduct for Judicial Employees;

“5.3 The judiciary should institute modern case management techniques to

ensure the just, orderly and expeditious conduct and conclusion of court
proceedings.”

“16.1 A judge may be removed from office only for proved incapacity,
conviction of a serious crime, gross incompetence, or conduct that is manifestly
contrary to the independence, impartiality and integrity of the judiciary.”

“16.2 Where the legislature is vested with the power of removal of a judge,
such power should be exercised only after a recommendation to that effect of
the independent authority vested with power to discipline judges.”

3. The Judicial Branch of the Government headed by the Honorable Chief Justice
Lucas Bersamin and the Legislative Branch of the Government headed by the
Senate President Vicente Castelo Sotto III and House Speaker Gloria
Macapagal Arroyo be advised to fully enforce the laws enshrined in the
Constitution;

4. This Full Moon Ritual will mark that all the mentioned names, organs and
branches of the Government if no appropriate actions taken pursuant to the
above mention laws and the section 5 of Republic Act No. 6713, will have all the
curses and calamities of this world and the world to come <Code of Sulu>.

“I was determined then as I am now determined and better positioned, to

wage war against those who make a mockery of our laws including those
who make life for us all miserable” <First SONA: President Rodrigo Duterte,
July 2016>

RESOLVED FURTHER, that the Supreme Court Third Division will issue a Release
Order with regards to the Petition for Mandamus filed on October 21, 2015 as the
Supreme Court Third Division has already violated the reglementary period as stated in
the 1987 Philippine Constitution Article VIII Section 15 (1);

“All cases or matters filed after the effectivity of this Constitution must be
decided or resolved within twenty-four months from date of submission for the
Supreme Court, and, unless reduced by the Supreme Court, twelve months for all
lower collegiate courts, and three months for all other lower courts.”
[emphasis supplied]

FINALLY RESOLVED, that HA DATU TAWAHIG-KETUA (Roderick D. Sumatra)

who was imprisoned since July 2, 2013 at Cebu City Jail Male Dormitory be released
immediately upon receipt of this Resolution, as the case filed at the Lower Court had
long been resolved “DISMISSED” by the Dadantulan Tribunal (Tribal Court)
last January 3, 2007, so not to violate the principle of Non bis in idem (double jeopardy).

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