Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS

First Regular Session

HOUSE BILL NO. 5334

Introduced by the Honorable ABRAHAM N. TOLENTINO

EXPLANATORY NOTE

“Ang hindi marunong lumingon sa pinangalingan ay hindi makakarating sa
paroroonan,” as Jose Rizal aptly put it, these words of acknowledging and recognizing
one’s past and heritage is part of the Filipino’s trait of being grateful. The Philippines
traces its first communities, its early societal beginnings, from the indigenous peoples in
the country.

The 1987 Constitution likewise provides that: “The State recognizes and
Promotes the rights of indigenous cultural communities within the framework of
national unity and development.” On paper, Jose Rizal’s words of looking back and
recognizing one’s heritage echo in the Filipino’s psyche.

To concretize this, indigenous peoples in the country should likewise be given the
opportunity on matters relating to national unity and development, including education
and security. As such, this representation is proposing that youth from the indigenous
communities be given a proportionate recruitment share in the Philippine Military
Academy (PMA) and the Philippine National Police Academy (PNPA).

The cultural heritage that indigenous peoples in the Philippines have, may bring
about certain issues that may hinder their entrance in academic institutions like the PMA
and PNPA. As such there is a need to give indigenous peoples the appropriate allocation
in the recruitment process of the PMA and PNPA.

The members of the indigenous groups in the Philippines should also be given
the chance to serve, protect, and defend the country. This proposed law will also
actualize the State principle that indigenous cultural communities be made part of
government programs within the framework of national unity and development.


To highlight, it is enshrined in the 1987 Constitution that Congress shall give this
highest priority to the enactment of measures that protect and enhance the right of all
the people to human dignity, reduce social, economic, and political inequalities, and
remove cultural inequities by property radiating wealth and political power for the
common good. Appropriating slots for the members of Philippine indigenous peoples in
the PMA and PNPA will be in consonance with the aforesaid constitutional mandate.

Approval of the foregoing bill is earnestly sought.

CU


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5334
HOUSE BILL NO.

Introduced by the Honorable ABRAHAM N. TOLENTINO

AN ACT PROVIDING FOR A PROPORTIONATE SCHOOL
ADMISSIONAND ACCEPTANCE SHARE IN THE
PHILIPPINE MILITARY ACADEMY AND THE
PHILIPPINE NATIONAL POLICE ACADEMY
FOR MEMBERS OF THE INDIGENOUS CULTURAL
COMMUNITIES/ INDIGENOUS PEOPLES,

AND FOR SUCH OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

Section 1. Short Title. - This Act shall be known as the
“KatutubongTagapagtanggol Act of 2019.”

Section 2. Declaration of Policy. — It is hereby declared the policy of the State:

a) to recognize and promote the civil, political, economic, social and cultural
rights of indigenous cultural communities or indigenous peoples in
accordance with the Constitution and applicable norms and principles;

b) to recognize the distinct characteristics and identity of the indigenous
cultural communities or indigenous peoples which the State must take


special measures to ensure that they are afforded rights, protections and
privileges with regard to recruitment and employment; and

¢) to involve the indigenous cultural communities or indigenous peoples in
the national defense and national law enforcement as part of national
unity amidst diversity.

Section 3. Definition of Terms. - For purposes of this Act, the following terms
shall mean:

a) Indigenous Cultural Communities/ Indigenous Peoples (ICCs/IPs) - shall
refer to a group of people or homogenous societies identified by self-
ascription and ascription by others, who have continuously lived as
organized community on communally bounded and defined territory, and
who have, under claims of ownership since time immemorial, occupied,
Possessed and utilized such territories, sharing common bonds of
language, customs, traditions and other distinctive cultural traits, or who
have, through resistance to political, social and cultural inroads of
colonization, non-indigenous religions and cultures, 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 all 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.

Section 4. Recruitment of ICCs/IPs in Law Enforcement and National
Defense. - The Philippine National Police Academy and the Philippine Military Academy


are hereby mandated to admit and enlist members of ICCs/IPs into their academic
program. At least five percent (5%) of the new cadets shall belong to ICCs/IPs.

Section 5. Rights of Enlisted Members of ICCs/IPs. - Members of ICCs/IPs
admitted in the academic program shall not be discriminated by reason of their physical,
social, cultural backgrounds and religious beliefs.

Section 6. Penalties. - Any person, public official or employee who discriminates
in any manner members of the ICCs/IPs, by reason of their membership in the
ICCs/IPs, shall immediately be subjected to the proper disciplinary action or
proceedings of the service.

Willful failure, refusal or negligence by the disciplining authority in the initiation,
investigation and disposal of disciplinary proceedings due to violations of this Act shall
be a cause for dismissal from the service of the disciplining authority.

Any sanctions for violations provided under this Act shall be without prejudice to
the criminal penalties and sanctions provided under the Republic Act No. 8371 or
otherwise known as The Indigenous Peoples’ Rights Act of 1997.

Section 7. Implementing Rules and Regulations. - The Department of
National Defense and the Department of Interior and Local Government shall
collaborate and issue within thirty (30) days from the effectivity of this Act the
Implementing Rules and Regulations for the effective implementation of this Act.

The implementing rules and regulations shall provide accommodations for
members of the ICCs/IPs regarding their admission and shall avoid qualifications and
disqualifications that discriminates them due to their diverse qualities.

Section 8. Separability Clause. — If any provision of this Act shall be held
unconstitutional or invalid, the other provisions not otherwise affected shall remain in
full force and effect.


Section 9. Repealing Clause. - All laws, decrees, executive orders,
proclamations and other executive issuances which are inconsistent with or contrary to
the provisions of this Act are hereby amended or repealed accordingly.

Section 10. Effectivity Clause. — This Act shall take effect fifteen (15) days
following its complete publication in the Official Gazette or in two (2) national

newspapers of general circulation.

Approved,