Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
Second Reguiar Session

5184

HOUSE BILL NO.

introduced by:

Gabriela Women's Partylist Reps. LUZVIMINDA C. {LAGAN and EMMI A. DE JESUS,
TEDDY BRAWNER BAGUILAT, JR (LP) and MEL SENEN S. SARMIENTO (LP)

EXPLANATORY NOTE

According to the Kalipunan ng mga Katutubong Mamamayan ng Pilipinas (KAMP). there are
about 8 million indigenous peoples divided into more or (ess 100 ethnic groups in the country.
OF this number, however, more than a majority can be considered as “undocumented” as their
vital events (birth, marriage and death) have been largely unrecorded in the local civil registry.
This is affirmed by various studies which reported that “levels of birth registration among the
marginalized sectors [including IPs] have been very low’?

Given the legal effects of non-registration, official attempts were made in the past to encourage:
IPs to report their vital events. On the assumption that the payment of fees had posed some
problems for indigent {Ps to comply with civil registration, some reforms were instituted to the
effect that government waived its collection of fees if the IPs reported their vital events early. But
the problem of low registration compliance among IPs has remained.

* This is exacerbated by the fact that the government's periodic nationat census surveys do not include ethnicity
such that even the National Statistics Office daes not have statistics as to the total IP population af the country,
‘This has given way to estimates that go as high as 18 million (based on 171 ethnolinguistic groupings) to as low as
milion, The NCP estimate is 13.5 million which even same IP advocates consider as too high.

? Please see for instance, the PPT presentation of Hufana, Laurdes, Birth Registration System af the Philippines (A
Situation Report}, National Statistics Office {undated), The study mentioned only “low levels of birth registration”
it does not mention of the level af registration among IPs as to their marriage and death. Further, the study does
not give figures on the number of “undocumented” IPs but supplies a figure, 23 %, for Moslem (ARMM}
compliance in birth civil registration, Assuming that the IPs are more or less similarly situated with the Maslems
and using the Moslem level of birth civil registration compliance as watermark, the number of “undocumented”
IPs can be safety reckoned to be as high as 75 %.

Page (1


This goes to show that the problem is not merely a quastion of inability of the IPs to pay the

requisite registration fees. According to KAMP, its
face ari hove doeoar te , its Causes go beyond the payment of registration

The extant civil registration system in the country we i

3753 in 1930, when the Philippine goverment’ was snl Under Amoncan coreeal \ctalage,
Although this system had undergone several administrative revisions fo fit into changing umes
and conditions, it has retained much of its basically colonial framework. Above the purpose of
keeping a record of the inhabitants of the county, it was also geared as a mechanism for “the
integration of national cultural communities” into the predominantly Chnstianized Philippine:
society. This had unfortunately produced a civil registration system that is not “user-friendly” (to
borrow the language of the present electronic age) to IPs.

To state it in sociological terms, the extant civil registration system in the country Is not
“sensitive” to the distinct cultural practices, beliefs and traditions of IPs, including their unique
identification system.

To illustrate, most IPs do not use clocks. They also do not use the calendar and their temtorial
boundaries are largely un-delineated. Many of them still reckon time and space in accordance
with an oral tradition based on the geologic motions and landmarks of nature But the civil
registration form uses the Western method of reckoning time and dates which causes for the
1Ps no-smail difficuities, f not confusion. in narrating the factual background of their birth
marriage or death. To illustrate further, a number of IPs, such as the Tasadays of Southern
Mindanac®, still go around on @ “one-name” basis. But the civil registration form, on its face, is
patently culturally-biased to a population with Christianized nomenciature, replete with first
name, sumame and middie name. Moreover, while the form has a space for “Religion” which
only admits for answer the mainstream denominations of faith, it has no space for “Ethnicity”

The hidden evil of such bias is that it somehow operates as a pressure on {Ps to submit to
proselytization. But where cultural affiliation is strong and the IPs refuse to be proselyazed, it
acts as a cultural fetter to register the vital events and statistics of their lives. As is often the
case, they will just move on believing that they can live without having their biographic
milestones officially recorded until they run smack into legal comers that demand documented
proofs of their existence and status.

The end resutt of all this is that discrimination is multiplied several times over as to the IPs.
Since they do not exist in the contemplation of both domestic and intemational laws, they
cannot access the privileges and protection reserved only to registered citizens of the land or
exercise the rights accorded to nationals of a country.’ It must be noted that such discrimination

* The Tasadays, a branch of the Manobo tribe in Southern Mindanao, is a real tribal grouping. They truly exist as &
cultural community. What is false, a hoax, was the claim that they still lived in isolation as Stone Age-cave
dwellers.

* Under international iaw, the “undocumented” 1Ps of the country can fall into the categary of “stateless persons”,

Peas} a


has its worst effects on the children of IPs: without civil registration documents, they are denied
‘admission to, among others, primary education and chikd health care programs >

Not all of the problems attending the low civil registration compliance among IPs can be
resoived in their favor since the extant civil registration system has to observe certain
intemational standards, such as the intemational standards on time and dates. Besides, as page | 3
many of those problems invalve a cultural dimension, it wil! take more than legislative acton to
address them. But legislation must do its part in doing something to remove those cultural
curtains that have caused the |Ps to shy away from reporting their birth, marriage and death. it

is to this that this bill seeks to address the low civil registration compliance of IPs.

Thus, this bili will not only provide for free civil registration for the IPs. it also seeks to make the
civil registration system of the country culture-sensitive to IPs in order to open its doors wider
for the most marginalized sector of Philippine society. Apa from these, it serves as the
country’s compliance (please see Section 16 of the bill) to its intemnational obligations and
‘commitments under the United Nations Convention on the Rights of a Child.

In view of the foregoing, the authors of this bili eamestly seek for its urgent and early approval

Howes

EMMi A. DE JESUS
Gabriela Women’s Party

MEL ae) SARMIENTO

1" District, Western Samar, Liberal Party

5 article 7 of the UN Convention on the Rights of a Child states that “The child shall be registered immediately after
birth and shail have the right from birth to a name, the right to acquire 2 mationality and as far as passible, the
right to knaw and be cared for by his or her parents.”


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
Second Regular Session

5184

HOUSE BILL NO.

Introduced by.

Gabriela Women's Partylist Reps. LUZVIMINDA C. ILAGAN and EMMI A. DE JESUS,
TEDDY SRAWNER BAGUILAT, JR. {LP} and MEL SENEN S. SARMIENTO (LP)

AN ACT
PROVIDING FOR A FREE AND CULTURE-SENSITIVE
CIVIL REGISTRATION SYSTEM FOR INDIGENOUS PEOPLES
AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives in Congress of the Phiippines
assembled, that

Section 1. This Act shall be known as the Free Civil Registration for Indigenous Peoples Act

Section 2. Definition of indigenous peoples — This Act adopts the definition of “indigenous
peoples’ used im Republic Act 8371, also known as the Indigenous Peoples’ Rights Act, and
reproduces herein its paragraph h, Section 3

“indigenous Cultural Communities/indigenous Peoples -refer to a group of people or
homogenous societies identified by self-ascription and ascnption by other, who have
continuously lived as organized community on communally bounded and defined temtory, and
who have, under claims of ownership since time immemorial, occupied, possessed customs.
tradition and other distinctive cultural traits, or who have, through resistance to political. social
and cultural inroads of colonization, non-indigenous religions and culture, became historically
differentiated from the majority of Filipinos ICCs/IPs shall likewise include peoples who are
regarded as indigenous on account of their descent from the populations which inhabited the
country, at the time of conquest or colonization, or at the time of inroads of non-indigenous
religions and cultures, or the establishment of present state boundaries, who retain some or ail
‘of their own social, economic, cultural and political institutions, but who may have been
displaced from their traditional domains or who may have resettled outside their ancestral
domains.”

Page i 4


Section 3. Culturally-sensitive civil regis:/ation s/stem — Within a month upon the effectivity of

ths Act, the National Statistics Office im collaboranon with the National Commission for
Indigenous Peoples ana in consultation win distnguished anthropologists and selected
eidersfeaders of indigenous peoples. shall develop a civil registration system tat shoul’ De
sensitive and appropriate to tne unique cultural practices and identification syster of wna.gendus Page
peoples; provided, that such a civil registration system for magenous pecpies sna be
harmonized with existing laws and systems on civil registy

Section 4. Ethnicity — The system as mentoned in the ummediately preceding Secton. nua
the necessary forms, shall take into account the various ethnic affiliation of indigenous Fihp.n05

Section § Preparation and printing of necessary forms — The Administrator of Nauons! Stausucs
Office, in his/her capacity as the Civil Registrar-General, shall cause the preparason 4nd
painting of the forms necessary for the impiementauon of the civil registration system for
indigenous peoples as mentioned in the preceding paragraph.

Section 6. Free civil registration for indigenous peoples - indigenous peoples shall be exempted
from the payment of all fees connected with recording their birth, mamiage, and deatn in ine,
Local Civil Registrar. Such exemption extends to late registration and ne member of indigenous
peoples shall be charged with fines or any fees that correspond to fines for late registration

Section 7 In the same manner, indigenous paopies shall be exempied from the payment of
notarial anc documentary fees in cases where recording the birth and marriage of a mamber of
indigenous peoples requires the execution of affidavits or swom statements and such similar
documents.

Section 8. Report of birth by parents or tnbal doctor/midwife conclusive upon ine Local Civil
Registrar - In recording the birth of an indigenous child delivered in the tradivona! ways of
indigenous peopies, the report as to the circumstances of the birth by any of the parents or by
the tidal doctor/midwife who attended to the delivery shail be conclusive upon the Local Civit
Registrar without need of further proof. Section 5 of Republic Act 3753, or the Civil Registry
Law, shail apply only in cases where the indigenous child was delivered in a hospital and
attended to by a physician or midwife

Section 9. Report of mamiages performed in accordance with customary indigenous laws and
practices — The report of marriage among and between indigenous peoples performed in
‘accordance with customary indigenous laws and practices by the person autnonzed to
Solemnize marriage or by the partes to the mamiage shall be conclusive upon the Local Civil
Registrar without need of further proof. Also, the dissolution of marriage among indigenous
peoples made pursuant to customary indigenous laws and practices can be directly recorded
with the Locai Civil Registrar without need of court intervention.


Section 10, Report of death by any member of the family or tribal doctor ~ The report as to the
circumstances of death by any mamber of ine family of the deceased member of naiwenous.
peopies or by the tribal doctor in attendance dunng hisher death shall likewse be conciuswe on
the Local Civil Registrar without need of iunner proof Section 6 of Repubuc Act 3783 9° the
Civil Registry Law, shall apply only where he deceased member of maigenous Peopies dnd ut
@ hospital and was attended by a physician.

Section 11. Exemption from prescribed period for reparting - All rules and reguiauons ace:
and circulars issued with the effect of prescnbing a penod for reporting tne birth mariage ard
death of any person to the Local Civil Registrar shall not apply to incigenous peopies

Section 12. Establishing the membership of a persan in an indigenous commututy — ln we
absence of any identifying documents, the seff-ascnipton by 4 member of inaigencus peopies or
by his/her parents and by his/her tribal leader/elder shall be enough for estabiishing tne identity
of an indigenous person when applying for recording me birth, marriage or death in tne Local
Civil Registry

‘Section 13, Establishing facts and information about the personal circumstances of members of
indigenous peoples in late registration — The narrauon of facts and informavon made by a
member of indigenous peoples regarding his/her personal circumstances, such as, in particular,
his/her name, the names of nis/her father and mother, date of birth, and place of ovth, snail oe
conclusive upon the Local Civit Registrar without need of execution of an affidaut, provtea
such narration of facts and information have been confirmed by any of his/her parents
leaderfeker. The confirmation may be oral or written

inbal

Section 14. Roster of fribal jeaders/eiders and medicine men and women - To facilitate Ne
verification of reports of birth, marriage and death made or filed by indigenous p2opies. ne
Locai Civil Registrar shall keep a roster of tnbal leaders, elders and medicine men or women of
the indigenous peopies in their area of jurisdiction.

Section 15. Prohibition of compulsion to register under Christianized names - If a member of
indigenous peoples is Chrisuanized but decides to record in the Local Civil Register hns/her pith
:n his/her tribal name, the Local Civit Registrar shall record his/her tribal name. The recorded
tribal name shall serve as his/her official name; provided, that the LCR shall indicate in the
official registration form his‘her Chnstiar. name which shall serve as the “also-known-as” name
of the indigenous person concemed

Section 16. Registration campaign for iP children ~ Within two years upon the effectivity of tis:
Act, in compuance with our obligations under the United Nations Convention on the Rights of
Children and such other intemationat protocols, convention and treaties to which the country is
a party, Local Civil Registrars in collaboration with their local government units shalt conduct
within their areas of jurisdiction penodic out-reach civil registration campaigns that will specialiy
have the children of indigenous peoples as target beneficiaries



Section 17. information campaign - Local govemment units shail conduct periodic information
campaigns to encourage indigenous peaples ta avail of the govemment program of {ree civil
registration particularly designed to be sensunve to them cultural pracuces and ieruhieaion
system

Section 18. Punishable Acts — The loliowing acts anc omissions are pronibie? and putsnabe
under this Act

1. The collection by any government employee of official or by any person of fees of any
payment in cash or in kind, connected with the civii registrapon of Owth, manage oF
death of indigenous peoples,

2. inducing indigenous peopies to pay im cash of in kind in Order to be able fo régh
birth, marriage or death;

3. Misrepresentation by any person that he/she is a tnbal leader, eer or teal
doctor/midvwate.

4. Misrepresentation by any person that he 1s a member af indigenous peoples

Secton 19. Penalties - The acts and omissions mentioned in the preceding paragraph shai be
punished in the following manner

1. For the prohibited act mentioned in par 1, a fine of five thousand pesos and an
imprisonment of six months.

2. For the prohibited act mentioned in par. 2, a fine of two thousand pesos and an
imprisonment of three months

3. For the prohibited acts mentioned in pars. 3 and 4, an imprisonment of one year

Section 20. Repeating clause — All laws, omers, issuances, rules and reguiatons which are
inconsistent with this Act are hereby repeaied or modified accordingly

Section 21. Separability clause — It any portion of this Act would be declared unconsttubonat
the remaining portion shall continue to have force and effect.

Section 22. Effectivity clause ~ This Act shall take effect fifteen (15) days after publication in the
Official Gazette or in two (2) newspapers of general circulation.

Approvea

Pate