KETINDEG 6

8/13/2019 KETINDEG 6

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WHATS INSIDE?

3 - Finding ways to ll the gap

6 - Exposure to tradional conict management

9 - Empowerment in laws and para-legal awareness10 - Kansad Gadung: The spirit of self-governance

12 - FYI: Get to know beer your IP neighbor

13 - Born out of a bier past

16 - Racing against hope

17 - The Tana Tupo of the Dulangan-Manobo

KtindgVolume 2 Issue 6 * July, 2013 * 20pages

DevelopmentConsultants Inc.

Recognition of the Rights of the Indigenous Peoples in the Autonomous Region in Muslim Mindanao forEmpowerment and Sustainable Development (IPDEV) is a project implemented by the consortium: KonradAdenauer Stiftung e.V., Institute for Autonomy and Governance (IAG) and DEVCON Development Consultants Inc.

THIS PROJECT IS SUPPORTED

BY THE EUROPEAN UNION

D E V C O N

ISSN 2345-8461

An ocial publicaon of the IPDEV Project, Empowering Indigenous Peoples in the Autonomous Region in Muslim Mindanao


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Kndg, in Teduray roughly meansstanding up for something, makingone be seen and be felt among themany. The word is not far from theCebuano, Tagalog or Maguindanaovariaons of ndog, ndigand ndegrespecvely. It is a ng tle for aregular publicaon that aempts tocapture the experiences gatheredin this journey of recognizing therights of the Lumad in the ARMM.

With this issue, we would like tothank everyone supporng the

projects aims, and acknowledgethose who are always striving tomake IPDEV as fruiul, meaningfuland sustainable as possible. You makeIPDEV a connously inspiring project.

Fiyo teresang!

3

To nd out moreabout IPDEV:

@kend3g

for IPDEV videos andradio recordings.

facebook.com/ipdevarmm

TEXTS & VISUALCONCEPTS:

ROMMEL G. REBOLLIDO

IN COORDINATION WITH IPDEV

Findingways to fill

the gap

Table Battle and Ball

of Yarn Exercise in

steps to empower

indigenous peoples

(IPs)?


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May June 2013Trainings on Timuay Justice &Governance, Needs-specific Para-Legal Training

May 30, 20135th Project Sounding BoardMeeting

June 10-13, 2013Exposure Trip to KansadGadung (Malacaang ofthe IPs)

MILESTONES

& EVENTS

June 17-18, 2013Exposure Trip toCompostela ValleyProvince (IP Self-Governance)

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June 18, 2013Exposure Trip to Pamulaan(IP College, University ofSoutheastern Philippines)

of conict selement. About 45barangays are knowledgeable of theIP selement process but are alreadypraccing a mix of the mainstreamand tradional systems.

An overwhelming 65 barangaysshowed they are aware of their rightsalthough many appeared reluctantto advance or promote them. Allthe barangays of Upi and South Upitowns in Maguindanao have claimedsignicant knowledge of their rightsas IPs.

Worth to note is that about 43 orhalf of the targeed barangays havealready been reached by the issueon the Framework Agreement on theBangsamoro.

In the ensuing training sessions,many IP communies rearmedthe formaon of indigenous peoplesorganizaons as a means to advancetheir struggle for recognion anddevelopment.

Aer learning of their rights as IPsand the tradional pracces of othertribes, many IP communies valuethe formaon of Fenuwo and tribalcouncils as a means to restore andstrengthen their tradional system ofgovernance.

The sessions allowed a venue to tellthe story of Mamalu and Tabunaway,a poron of Mindanaos history thatwas never given prominence.

Many IPs among the younger

challenging work of imparng ideasand enhancing skills to nearly 3,000targeed indigenous peoples from 80barangays of the Autonomous Regionin Muslims Mindanao (ARMM).

The training course aimed at formingindigenous peoples organizaonsconsist of four modules: IPLeadership, IP Conict Management,Organizaonal Management andRights-based Approach.

DEVCON trainors started conducngthe trainings in June 2013 in the 23barangays of Upi and six barangaysof Datu Odin Sinsuat town, both inMaguindanao province.

One trainor has this to say, Food andtness? They may just be metaphorsin our work of feeding people withideas, knowledge and skills.

Indeed, it can just be that in thisurgent need to ll an open gap thatfor years marginalized and put at adisadvantage indigenous peoples andtheir communies.

A reality gap check on IP leadership

revealed that out of the 80 barangaysidened for training, some 56 haveFenuwo or tribal council and 14 ofthese are not funconal. Also, some24 IP barangays have not establishedtheir tradional village structure.

On IP conict selement, only 21barangays are adherent to tradionalselement. Five barangays have nosignicant knowledge of the IP way

TABLE Bale and Ball of YarnExercise in steps to empowerindigenous peoples (IP)?

The terms may trigger imagesof food-munching individuals andpeople working out in a gym, but,these actually have nothing to do witheang or physical tness.

Among community workers inIPDEV, especially trainors from theDevelopment Consultants (DEVCON),these are essenally demonstravetraining methods they use in that

generaons are unaware of that storyof leaders Amil and Ado due to theensuing developments in Mindanaoand changes in society, unl it becamepart of the IPs historical injusces.

In several barangays, the story ofMamalu and Tabunaway took sometwist. In 27 barangays, it has beenpassed to several generaons thatTabunaway is a female while 43barangays shared their knowledgeof the history that Tabunaway andMamalu are brothers and Tabunawayopted to embrace Islam.

In 10 barangays, they heard thestory for the rst me, when toldduring training.

That given, food and tness shouldnot just be metaphors aer all.


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The simulaon on marital indelityshowed the more tradional way ofcase selement. The processes andprinciples went as follows:

- The husband-complainant wentto the Kefeduwan (tribal jusce) tocomplain that his wife was having anaair with another man.

- Aer receiving the complain, theKefeduwan made an invesgaonfor a probable cause. Aer probablecause was established, he scheduleda Tiyawan proper or actual caseselement to the pares. He did notallow the respondents to appearduring the Tiyawan to avoid a possibleconfrontaon.

He rst oriented the pares to thecase as his introducon.

First, he listened to is the side of thecomplainant, then both the parents ofthe respondents.

In the argumentaon, all possibledetails have been exhausted. Lobbying

Exposure to

TraditionalConflictManagement

WITH our faith as indigenous people,we need not fear what lies ahead.

Such declared Supreme Jusce(Fagilidan) Domingo Olubalang as he

stated, Am more than 70 years oldnow. My days are numbered. It is mycommitment to be a light and guide tothe tribe to stand up. I will serve unlmy last days.

The Fagilidan was amongparcipants who shared and learnedfrom experiences of other indigenouspeoples and communies on

tradional conict management andtribal jusce, a program launched byIPDEV.

In that training acvity, leaders

and their secondliners from theHigaonon, Teduray, Lambangian andDulangan-Manobo went througheld coaching and exposure trips,tackling issues aimed at strengtheningindigenous self-governance and

jusce systems.Timuay Labi Sannie Bello talked

about Oryentasyon ng Gawaing

Kefedewan (Orientaon on TribalJusce Work). He explained thatKfdwan (tribal jusce) work isonly one of three branches of Timuay

Jusce and Governance work. Thetwo others are Council of Chieainsor Mintd sa Ingd and departmentalwork or Kasarigan.

A simulaon of a Tiyawan (conictselement) was conducted withtwo groups performing on two mostcommon cases - land boundaryconict and marital indelity.

July 2013Training Courses onPeoples Organizations

July 2013Trainings on Free Priorand Informed Consent

June 20, 2013Exposure Trip to DonBosco BioDynamicFarms

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July 2013Launch and Pretest ofEmpowerment and SustainableDevelopment Monitoring Tool

July 12, 2013Identification ofSacred Places

July 2013Orientations on IPMandatoryRepresentatives

HANDY TOOL.A modern way of imparng knowledge,parcipants to trainings on tribal conict selementview a video of the tradional Tiyawan.


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ALLOWING them to have adequateskills, ideas and ability to tackle para-legal issues, select groups among theindigenous peoples from 80 barangaysin the Autonomous Region in MuslimMindanao underwent training onneed-specic para-legal concerns.

The trainings were done to 152individuals idened from among the

Teduray, Lambangian, Higaonon andDulangan-Manobo. Also trained were16 IP leaders, or four from each tribe.

Parcipants were given orientaonon para-legal work, law and para-legalism, process of court order, howto document, how to invesgate andhow to make a simple fact sheet andadavit.

Done in a mix of lecture, workshop

and sharing by experts, the trainingcourse also tackled such topics asthe Indigenous Peoples Rights Act(IPRA); Legal Processes (ProsesongLegal); Invesgaon (Imbisgasyon);Documentaon (Dokumentasyon);Evidence (Ebidensiya); BarangayJusce System (KatarungangPambarangay); and Tradional Jusce

System.It is worth to note during the training

sessions that IP leaders training haveshown relave knowledge about IPRA.The biggest concern they have wasthe recent land-grabbing by armedgroups and they fear such violencewill go on.

Among the Higaonon and other IPsfrom Wao, Lanao del Sur, admied

having very limited knowledgeabout the IPRA. Many of the termsmenoned in the law were strange tothem.

They were eager to have in theirtown the mandatory representavesin the barangays and municipality andbe provided with basic social servicesby government.

Most Lambangian and Dulangan-Manobo parcipants, on the otherhand, appeared to have limitedknowledge of IP rights. Paralegalismproved educaonal and helpful tothem.

Many among the Teduray haveshown good knowledge about IPrights even as Paralegalism providedthem helpful insights.

July 19, 2013Courtesy briefing with Philippine Army 6thInfantry Division commander, Major GeneralRomeo Gapuz

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July 31, 2013Partnership with HEART/BHRN (HumanitarianEmergency Action Response Team -Bangsamoro Human Rights Network) in ARMM

July 2013Training on Campaign AdvocacyManagement

Empowerment

in laws and

para-legalawareness

by all pares have been considered.Aer weighing the arguments

presented, the Kefeduwan asked thecomplaining party on what couldbe their demand. The demand wasto double the dowry which is twocarabaos, two horses, and 5,000

pesos in cash. The Kefeduwan thenasks the party of the respondents onwhat they can say about the demand.

The respondents party argued thatthey incurred huge expenses duringthe regal wedding party and sought tohave the double-the-dowry demandto already include the liabilies totheir lone child.

Both the pares agreed. In such

case, voluntarily agreeing means thebroken feelings which is the core ofconict, has already been patched-up.

The agreed nal judgment includea bundle of: double-the-dowry,

that the child shall be at fathersside, and PhP 1,000 as tantanganfor the respondents to shake handswith the complainant - as a signof acceptance to the agreement. Awrien agreement was signed by thepares and Kefeduwan along with theconduct of a Tulak (ritual) to sancfythe agreement.

As to the simulated selement

seemed to have went well, it wasnoced that Tiyawan only involvedone Kefeduwan who acted as judgekefeduwan. The pares did not havea counsel on each side. No binuwaya

(metaphor) was used. Binuwaya wasto spare the pares from harsh termsand insults.

Higaonon Rodolfo Linsagancommented that the TJG Tiyawanprocess and principles are just similarto that of the Higaonon tribe. Hewas happy and inspired to witnessindigenous jusce system sll beingpracced.


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KANSAD GADUNG is consideredthe Malacanang of the IPs as itis the Teduray-Lambangian Seat ofGovernance.

It is perched some 1,200 metersabove sea level along the slopes ofMt. Fakal in Maguindanao. Amid thewoods and foliage, the Timuay JusceHall is the prominent main building ina cluster of wooden structures thatwas built by Tedurays for about adecade, from 1990-2010.

A Lambangian on his rst visit to the

place, described his trip to Kansad Gadung as Nevereasy! We walked for one day and then we rode a

motorcycle over muddy slippery road. The motorcyclecrashed three mes but thanks God we were not hurt.Im so happy to reach Kansad Gadung. I never thought Icould reach this far and historic place that I just used tohear from stories of my parents.

What makes it dierent from the usual seat ofgovernance many would know is that the structure wasbuilt to last and made sacred by the energy and spirit ofthose who put it all together, a struggling, perseveringyet cheerful people.

Kansad Gadung:The spirit of

self-governance


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Born out of abitter past

THE TIMUAY JUSTICE AND GOVERNANCE

F Y

12

Get to know

beer your IPneighbor

I

THE Indigenous Peoples (IP) withinthe core territory of the ARMM arepredominantly residing in the townsof Ampatuan, Datu Abdullah Sangki,Datu Blah Sinsuat, Datu HoerAmpatuan, Datu OdinSinsuat, DatuSaudi Ampatuan, Datu Odin Sinsuat,Datu Saudi Ampatuan, Datu Unsay,Guindulungan, South Upi, Talayan,

Upi, all in Maguindanao and the townof Wao in Lanao del Sur.

These IPs are mainly Tedurays,Lambangian, and Dulangan Manobofolks whose ancestors have lived andestablished a way of life deningtheir uniquely meaningful, rich, andpersistent life since me immemorial.

Based on a 2013 surveyconducted by the IPDEV, there

are about 122,914 individuals in18,135 IP households presentlyresiding in 80 barangays (villages)of the aforemenoned 12 towns.

While the Teduray, Lambangian,and Dulangan Manobo tribesclaim ancestral origin to this vastterritory, there are also otherIP individuals and families who

migrated to these towns from nearbyprovinces and have establishedtheir economic acvies, livelihoodsources, and residence in the area.

The recent survey indicates thepresence of the other 18 migrantIP groups in the 12 municipalies.Overall, the constuve IP tribalaliaons in the territory alreadyindicate 21 tribes comprising the

122,914 total IP populaon (2013).The IPs ancestral territory in

mainland ARMM spans a totalperimeter area of 215,941 hectares(plus 93,779 hectares. coastal waters).

The territory straddles over thepresent towns of Upi, South Upi, DatuOdin Sinsuat, and Datu Blah Sinsuat inMaguindanao and also includes partsof Guindulungan, Talayan, ShariAguak, Ampatuan, and Cotabato City.

Collecvely referred as the TLAMADC(Teduray, Lambangian, DulanganManobo Ancestral Domain Claim), itcomprises the Ancestral Territories ofthe three major IP communies in thecore territory of the Bangsamoro andthese are Teduray (277,677 hectares),Lambangian (25,967 hectares), andDulangan Manobo (6,075 hectares)

PART of a connuing training

among indigenous peoples (IP) inthe Autonomous Region in MuslimMindanao (ARMM), a group ofabout 80 leaders from the Higaonon,Dulangan-Manobo, Lambangian,and Teduray trekked and gathered atKansad Gadung for an exposure to

the Timuay Jusce and Governance,a system that has been eecvelyapplied among mostly Teduraycommunies.

Kansad Gadung has been describedas the Malacanang of the IPs in ARMM.

Timuay Labi Sannie Bello, whospoke on the TJG, said it was not easyfor the leaders then in coming outwith the TJG, but the dicules theywent through strengthened and gavebeer resolve to the system that hasguided many Fenuwos (tradionaltribal villages) in self-governance.

The TJG was born out of a bierpast, yet, it came out strong anddependable in our daily quest for self-preservaon and governance, theSupreme Chief pointed out.

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Strengthening

of Dyaga (tribal

defense) is also

one vital opon

to defend lands

against armed

landgrabbers.

to self-determinaon and may justbe used as vehicle for developmentaggression.

What if the BMAG posion ofTJG is not achieved? Mrs. Cornelioretorted that connuing grassrootsorganizing shall educate people not tobe fooled nor aracted by decepve

development aggression promises.Strengthening of Dyaga (tribal defense)is also one vital opon to defendlands against armed landgrabbers.

Learning about the Fenuwos, theLambangian leaders bared that theircommunies have not yet beenreached by TJG organizing.

The Lambangian said they preferthe TJG and not be dominated by

mainstream BLGU tribal councilswhich they termed as half-baked.

Datu Obing of the Dulangan-Manobosought help from the experienced TJGin their tribal governance and jusceas they are like a child needing ahelping hand from an adult.

Highlight of the exposure trip was

the simulaon of a Tiyawan (conictselement) that was performed bymembers of the Fagilidan (SupremeJusce Council) and selectedDulangan-Manobo and Lambangianparcipants.

The simulaon case was aboutthe dignity of housewife whosepregnancy was doubted by thehusband as a result of an aair with a

bachelor neighbor.It was proven during the Tiyawan

process, where the husband, wife andthe bachelor were present, that thehusband was wrong and that no aairexisted. The Fagilidan ordered thehusband to pay the ne of one horseand P500 each to the wife and the

bachelor, and cheerfully reconciledthe pares involved with smiles andhandshakes.

Higaonon Rodolfo Linsagancommented that the TJG Tiyawanprocess and principles are just similarto that of the Higaonon tribe. Hewas happy and inspired to witnessindigenous jusce system sll beingpracced.

In the ensuing discussions, Belloexplained the principles of TJGwhich include: Closeness and GoodRelaonship with Nature; CollecveLeadership; Communal Ownership ofEverything in the Community; EqualStatus of Every Human in the Society;Peace of Mind as Basis of Jusce

and Development; and ProgressivePluralism.The Timuay Labi took chance to

deliver his report on the State ofthe TJG where he enumerated theexpanse of areas reached and coveredby TJG as well as the communieswhere Fenuwos have been establishedand consolidated.

He also talked about the various

projects put up; posions on peacenegoaon between the government(GPH) and Moro Islamic LiberaonFront, including the FrameworkAgreement on the Bangsamoro.

On the discussion on governance,Mrs. Cornelio, an organizer of TJG,explained that TJGs main posion

is the asseron of Bangsa-MamaluAutonomous Governance (BMAG).She said the BMAG concept is

genuinely indigenous in form and insubstance as against the proposedRajah Mamalu Province or IPs provinceby some mainstream-oriented IPleaders.

IP leaders fear that the IPs provinceconcept will run counter to the right


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16

The TANA TUPOof the Dulangan-

ManoboRacing

againsthope

17

DESPITE the more than a hundredthousand Indigenous Peoplesresiding since me immemorial inthe Autonomous Region in MuslimMindanao (ARMM), the IndigenousPeoples Rights Act (IPRA) is deemednot applicable in the region due to itsautonomy under the ARMM Organic

Act or Republic Act 9054.Adding to the IPs woes, the NaonalCommission on Indigenous Peoples(NCIP) did not devolve in the ARMM.That means no NCIP in the ARMM totake care of IP maers, like securing IPrights, seling disputes and processingancestral domain claims within theregion.

The seeming neglect by government

Yet, as the commission gearsto address the IP concerns in theregion, it points out on the followingchallenges:

(a) It may take a year or less forthe Bangasamoro basic law to be

fully implemented in idened areasin Mindanao. This small window ofopportunity might not be sucient

for the NCIP to fully aain its targetin delineang ancestral domain inthe ARMM, taking into consideraonboundary conicts, polical entyintervenons, and complaints andcases that may arise during the

delineaon process;(b) For one, the limitaon of its

budget and shortness of technicalpersonnel to conduct survey acviesmight hamper the processing of CADT

/CALT applicaons;(c) Tasking is one problem. The

Commission has to idenfy what NCIPregion or regions will implement the

program. If not feasible, compositeteam or a task force must be createdby the commission to deal withthe gargantuan tasks. Whateverarrangement is made, some on-going tasks and programs in otherareas and regions must be sacricedto accommodate the urgency of the

ARMM targets;

(d) Legal challenges are notfarfetched. Third pares who may beaected by the ongoing delineaonare expected to le cases in the courtsto challenge our authority in extendingour jurisdicon over the ARMM areas.Though we truly believe that there areno legal impediments in doing so, wecannot stop aected pares to raisequesons in the proper fora.

on IPs in the ARMM has given IPleaders more resolve to work thingson their own even as they remainhopeful that proper authories willlook their way in days to come.

January 9, 2013, a legal opinionby NCIP Legal Aairs Oce,acknowledged that NCIP has a small

margin of, opportunity to extend itshelping hand to the IPs before the(Bangsamoro) basic law comes fullcircle. NCIP can do a lot of things thatare within its authority and nancialand technical capacity to pursue plansand programs for the protecon andrecognion of the rights the IPs inthe ARMM while preparaons for theBangsamoro framework is underway.

A Dulangan Manobo inTubak, Ampatuan, 2013

NCIP says it is at a curiousjuncture as to the future of IPs inMindanao once the Bangsamorobasic law is in place.


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1918

WE live with our Tana Tupo. Ourpeople can be nothing without it.

Kap Kadingilan, a Dulangan-Manoboleader, said the Tana Tupo is the onlything they can leave for their childrenwhen they die.

Our children must have the propereducaon so that they can protect andpreserve our Tana Tupo, remarkedKadingillan, who is barangay captainof Tubak, Ampatuan in Maguindanaoprovince.

Tubak is a remote mountain villageinhabited by almost a thousandmostly indigenous Dulangan-Manobo

and Teduray folks that rely mainly onthe land, river and the forests aroundthem for their daily subsistence,a pracce handed to them forgeneraons in which they refer to asTana Tupo.

The Tana Tupo is basically theancestral domain or the naturalhabitat of the Dulangan Manobo sinceme immemorial.

That natural habitat spreads 6,075hectares of mountains, rivers, forestsand ferle valleys which is life to theDulangan Manobo folks.

But, like most indigenouscommunies, that of the DulanganManobo have their own troubles.They are being regarded as an intruderto what is suppose to be their own bya Manila-based mber company.

With that, they seemingly face a

s uphill bale in asserng whatrighully and tradionally belongs tothem.

Pinning their hopes on theirTana Tupo, the Dulangan-Manobocommunity on May 4, 2013, formally

in a series of consultaon among

community members.

In adopng their ADSDPP, Tubak

residents said they now have a good

ghng chance in asserng their

rights as IPs and for their children to

get the proper educaon.

Many Dulangan Manobo elders

believe their children must have the

proper educaon so that they can

protect and preserve our Tana Tupo.

adopted their own ancestraldomain sustainable developmentand protecon plan (ADSDPP), aninstrument formulated by the IPcommunity, lisng their own policies,mechanisms and strategies forthe sustainable management anddevelopment of all resources withinthe domain, to include cultural andhuman resources.

Aided by IPDEV, the DulanganManobo ADSDPP was put together

MONUMENT. IP children turn intoa playground what remains of anobviously over a century-old treetoppled and cut for its commercialvalue, a sordid reminder of howvulnerable IP communies are toexploitaon and intruon.

The Tana Tupo isbasically the ancestraldomain or the naturalhabitat of the DulanganManobo since meimmemorial.


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DevelopmentConsultants Inc.

The European Union (EU) numbers 28 dierent naons determined to shape their future closely together. Over a period of enlargement of more than 50 years, they have, together,

built a zone of peace, stability, progress and solidarity. The EU is a model for overcoming conict and promong reconciliaon through close co-operaon to achieve common goals,while respecng naonal sovereignty and territorial integrity. But the EU is not focused on itself. Its ambion i s to share its achievements and values with countries beyond its borders.

Coordinaon OceKonrad-Adenauer-Sung5/F Cambridge Bldg.,108 Tordesillas cor. Gallardo Sts.,Maka City, PhilippinesTel: (02) 403-6773Mob: 0915-139-1449Email [email protected]

Implemenng OceInstute for Autonomy and Governance2/F UMEX BuildingNotre Dame UniversityNotre Dame AvenueCotabato City, PhilippinesTelefax. (064) 421-2071Mob: 0999-991-3221Email [email protected]

Delegaon of the European Unionto the Philippines30/F Tower II, RCBC Plaza,6819 Ayala Ave. cor. Gil PuyatMaka City, 1200, PhilippinesPhone: +63 2 859-5100Fax: +63 2 859-5109Website: hp://eeas.europa.eu/delegaons/

philippinesFacebook: hp://www.facebook.com/#!/EUDelegaonToThePhilippinesTwier: hp://twier.com/#!/EUinthePH

DISCLAIMER: This publicaon has been produced with the assistance of the

European Union. The contents of this publicaon are the sole responsibility of

IPDEV and can in no way be taken to reect the views of the European Union.

www.iag.org.ph/ipdev

D E V C O N

THIS PROJECT IS SUPPORTED

BY THE EUROPEAN UNION

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