Joint Affidavit English Version A RESOLUTION SUPPORTING MRs. ZENAIDA PAWID, CHAIRMAN oF THE NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP) AND NCIP COMMISIONER MRs. DIONESIA BANUA AGAINST THE FALSE ACCUSATIONS MADE BY THE SO CALLED 'TRIBAL LEADERS' AND IN CONDEMNATION OF THE GRAFT COMPLAINTS FILED BY THEM WITH THE OFFICE OF THE OMBUDSMAN

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A RESOLUTION SUPPORTINE MTs. ZENAIDA PAWID, CHAIRMAN oF
THE NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP) AND
NCIP COMMISIONER MTs. DIONESIA BANUA AGAINST THE FALSE
ACCUSATIONS MADE BY THE SO CALLED 'TRIBAL LEADERS' AND IN
CONDEMNATION OF THE GRAFT COMPLAINTS FILED BY THEM
WITH THE OFFICE OF THE OMBUDSMAN l-
Position paper proponents: The indigenous representatives of the palawan
communities of barangay Calasaguen, Maasin, Mambalot, Ipilan, Bctro-Baron,
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Aribungos, Mainit, Pangobilian, Tubtub, Amas, oring-oring, samarinian, sarazct, {*
Salogon, Malis
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(Municipalie of Brooke's Point), Palawan
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NATRIPAL (Nagkakaisang Mga Tribu ng palawan)
ALDAW Network (Ancestral Land/Domain Watch) J.
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To HIS EXCELLENCY Benigno Acluino ilL" president of the philippines,
Malacaflang Palace, Manila
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Honourable commissioners of the Nati {
NCIP) !
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Honourable Members of the Palawan Council for Sustainable Development (PCSD) e*
Honourable Members of the Department of Environment and Natural Resources
(DENR)
Honourable members of the sangguniang panlalawigan of palawan
Honourable members of the Sangguniang Bayan of Brooke's Point Municipality
WHEREAS, MacroAsia Corporation (MAC for brevity) is exercising continuous *
pressure on the National Commission on Indigenous Peoples (NCIp)
to ilease the so
called "ceftificate of precondition" (CP) which the company needs in order to get
final clearance from the Palawan Council for Sustainable Development (pCSD) and
then push with its mining operations in one of the best conserved forests
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through newspapers' afticles and paid adds on the social acceptability that the
company allegedly claims to have obtained in all targeted baranguy of Brooke,s point
Municipality to be affected by its planned mining operations;
WHEREAS, during several field consultations carried out by ALDAW (Ancestral
Land/Domain Watch) it has been established that non-authentic ,.tribal
chieftains/leaders" have been used by large mining companies, specifically by

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MacroAsia, to facilitate the issuance of certificates preconditron that viokttes the
customary laws and practices of Palawan tribes. Customary law does not create
division among IPs, infact it undergoes a process of hearing the sentiments and vievts
rtJ-all community members and it facilitates genuine community decision processes
that are acceptable to all.
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WHEREAS, the official position of "tribal chieftain/leader" has been instrumentally 5
created by outsiders to fit the interests oflarge corporations rather than to respond tcr _1-
the genuine needs and aspirations of the local communities; :-a-
WHEREAS, the definition of "tribal chieftain/leader" does not fit into any of the
cultural 'customary' notions used by the indigenous peoples in Palawan to refer with
in respected community members; tr
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WHEREAS, the so called 30 tribal chieftains who have filed a case against NCIp
Chairman Pawid and NCIP Commissioner Banua, do not hold any representational
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status or outstanding reputation amongst the Palawan indigenous population of -T
Brooke's Point to be affected by. MacroAsia mining operations; 'l
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WHEREAS such self proclaimed "tribal leaders" belong to the so called "Brooke's ,0,,;*,, tr
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Point Tribal Leaders Federation" which, in reality, is an obscure entity, unknown to
.R most indigenous peoples' living in the Municipality; the Brooke's Federaton of Tribal
Councils has been notoriously involved in various cases of corruption having to do r>--
with its illegitimate attempt of making private deals with investors in relation to thq, ,;..1,
{ exploitation of the indigenous ancestral land. Because they have been put unde$1,'l.i.,ir'r
3 serious criticism, they have recently decided to change the name of their organizatiblli.
into "Brooke's Federaton of Tribal Council's"
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WHEREAS, the above mentioned "Brooke's Point Tribal Leaders Federation or "
"Btooke's Federaton of Tribal Councils" is not affiliated with and recognized by the
rvell-respected NATRIPAL (lVagkakaisang Mga Tribu ng Palawan) which operates
on the island since 1989 and encompasses most of the community/municipal basecl
indigenous associations Province-wide:
WHEREAS, several members of this 'opportunistic' and'ad hoc' created "Brooke's
Point 'Iribal Leaders Federation or "Brooke's Federaton of Tribal Councils" are not
even indigenous people from the affected areas and most of them come from
acculturated groups living in the more populated lowlands and having no emotionaj
linkages and livelihood interests in the forested uplands of Brooke's point;
WHEREAS, members of the above mentioned federation illicitly claim to be genuine
representative of the Palawan communities and therefore CADT holders, in spite of
not having any agricultural development/cultivated field in the uplands;
WHEREAS, members of the "Brooke's Federaton of Tribal Councils" created
instrumentally by some local NCIP officials, are supported financially by
MACROASIA, and the personal benefits they have received from the company makr-
them 'indebted' towards the latter:

3. where MAC intends to
operate are within the area recently declared as Mount Mantalingahan Protected
Landscape, pursuant to Presidential Proclamation no. 18i5;
WHEREAS, MacroAsia Corporation has carried out exploration activities in 'core
zones' (areas of maximum protection), as well as in 'restricted zones' and watershed
areas;
WHEREAS, under the ECAN Guidelines of the Strategic Environmental Plan for
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Palawan (Republic Act7611)'core zones'are defined as"areas above 1,000 meters
in elevation, virgin forests or primary growth forests, areas with steep gradient
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(above 50% slope), and critically threatened/endangered habitats and habitats o/ rare
endangered species or habitats of Palawan local endemic species offlora andfauna".
This zone, according to the SEP law, shall be fully and strictly protected and L
maintained free of human disruption; L
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WHEREAS, MacroAsia test pits and bore-drillings have been made in the proximity j.
of Almaciga trees (Agathis philippinensis) that are actually tapped for resin by the , : '.'t ,] +
N indigenous communities living in the area. Whereas, test pits have also U.eit,l -; :i
excavated in indigenous peoples' agricultural fields, by removing crops *i1hooi.r1$:li,.i+' A)
obtaining their permission to do so; t*.,N$.
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WHEREAS, the forested areas claimed by MacroAsia include the territory of r ;,
vulnerable and isolated indigenous communities, which - in several cases are not , ,, | ,. {
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even listed in the national census:
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3 WHEREAS, such upland communities to be directly affected by mining, as well
the more acculturated indigenous neighboring communities, have never been
consulted or engaged in a transparent Free Prior Informed Consent (FPIC) process
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with respect to the plans and operations of MacroAsia corporation;
WHEREAS, MacroAsia exploration activities have also taken place in areas that,
according to indigenous Palawan, are considered as lyenen or lylien (sacred forests)
inhabited by powerful super-human beings (Taw Kawasa), as well as in areas that are
indispensable to their subsistence and wellbeing;
WHEREAS, mining operations in these indigenous territories may lead to the forced
relocation of entire communities and to the loss of their traditional livelihood;
WHEREAS, for the above mentioned reasons, MacroAsia mining activities infringe
indigenous people's inalienable rights under the IPRA law, such as the Right to Stay
in the Tenitories- (Chapter III, Sec. 7, itemc), as well as the Right to Safe and Clean
Air snd W'ater (Chapter III, Sec. 7, item f), the Rights to Ancestral Lancls (Sec. 8)
and the Right to Determine and Decide Priorities for Development (Chap.IV, Sec.
17);
WHEREAS, The Indigenous Peoples of Brooke's Point Municipality belonging to
the following barangays: Calasaguen, Maasin, Mambalot, Ipilan, Barong-Barong,
Aribungos, Mainit, Pangobilian, Tubtub, Amas, oring-oring, Samarinian, saraza,
Salogon, Malis have openly opposed mining since 1998, and their opposition has

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been manifested in the course of numerous street protests culminating in a Caravan
rally at the Provincial Capitol on June 8, 2010;
WHEREAS, On 10 November 2011, indigenous peoples and farmers gathered in {
Brooke's Point city proper to protest against the new partnership between MacroAsia -j
and the Chinese Jinchuan Group Ltd;
WHEREAS, on 23 October 20Tl indigenous communities, not only from Brooke's 1
Point but also from other municipalities, have come up with a joint resolution calling -t'>
the Government for a serious implementation of the Indigenous Peoples Rights Act
(IPRA law), and for the cancellation of mining companies such as MacroAsia, as well :+
as for the non-endorsement of the Certificate of Precondition (CP) by NCIP to such
companies;
WHEREAS, on 3i October 2011, a legal affidavit signed by genuine indigenous
representatives of Brooke's Point Municipality has been notarized and filed against
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MacroAsia Corporation for a number of violations that the company has committed
within the Palawan ancestral land/domain;
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WHEREAS, the genuine indigenous representatives of the Palawan indigen"h#-""n"' $
communities of Brooke's Point have received the full support of Congressman Teddy
Baguilat (Chair of the Committee on Indigenous Cultural Communities) who has
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cal1edanurgentcommitteehearingtoinvestigatetheissuancesofminingpermitsin d
the province of Palawan, as well as in other parts of the country;
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wHEREAS,onthebasesoftheabovedeve1opmentsandfactualevidences,NCIP,
Chairman Pawid and Commissioner Banua have recognized the necessity of carefully
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examining the CP application of MacroAsia Corporation for the integrity of IPRA
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law;
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3 WHEREAS' NCIP Chairman Pawid and Commissioner Banua have gained the
complete trust and respect of the local Palawan communities for their moral integrity,
sense of responsibility, high commitment towards the rights of indigenous peoples,
reflective way of operating and for their strong moral fiber and work ethics who have
allowed them to prioritizing the mandate of their institution (protecting Ips rights)
while withstanding the pressure exercised on them by influential oligarchies/tycoons
and powerful corporations ;
WE THEREFORE, the indigenous Palawan communities of Brookes' Point
Municipality affiliated with NATRIPAL (Nagkakaisang Mga Tribu ng Palav,an) as
well as with ALDAW (Ancestral Land/Domain Watch), through our selected
representatives, wish to express our full support and solidarity to Chairman Zenarda
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Pawid and Commissioner Dioning Banua;
WE FURTHER request the Office of the President and the National Government to
allow these well respected and responsible officials of the NCIP to diligently car:ry out
their duties so that they can ascertain, with transparency and sense of balance, any
anomaly related to the implementation of MacroAsia mining exploration on the
indigenous ancestral land/domain, as well as the potentially adverse impact that

5. mining extraction would have on ttre t*Unood and cultural integrity of the local
Palawan communities.
SIGNATORIES OF THE PARTIES SIGNING THE RE,SOLUTION
FOR ALDAW FOR NATRIPAL
"#,M",
FOR THE INDIGENOUS PALAWAN COMMUNITIES OF BROOKE'S
POINT
Maasin
lpilan
lpilan
Edjing lpilan
t"C"{r!-i
Amas
Tula - Tula Linao lpilan
Tula - Tula Linao lpilan
Cui Aribungos
Prudeli Maasin
Artis lpilan

6. SUBSCRIBED and SWORN to before me this 'r.1'! ? 5 7 'l?ot January 2AtZ in
i {oir"r, lr^/ , the affiants being personally known to the undersigned
Notary Public. I hereby certify that I have examined the affiants and that
they have read and understood the contents of the foregoing document.
MAGUAO
esa Citv and P;: ''
Ir. zorl
I 01h81?011, Patrwrr
1, 01/211?0'l'1. Prlawan
No. lll - 00190901 1C':1r:: '
Itoll No 54945
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