Republic of the Philippines ……)

Province of Davao del Norte….) S. S.

City of Tagum…………..….…….)
X------------------------------------------X

AFFIDAVIT

I, AURELIO G. MATAAS, of legal age, Filipino, married, a

resident of Brgy. Teresa, Maco Compostela Valley, Philippines, after
having been duly sworn pursuant to law, hereby depose and state
that:

1. I am the duly selected SIMI President through the

unanimous support of all clan representatives of Sumpaw
ng Inangsabong Mansaka Inc (SIMI);

Attached herewith is a copy of SIMI Resolution No.2 Series

of 2016 marked as “Annex 1” to form an integral part
thereof.

2. That during my tenure as a President, several complaints

have reached my office, one of which was the complaint
dated __________ initiated by Matikadong Arsenio
Onlos,Matikadong Romeo Dansigan and Matikadong Sean
Icalina against herein affiant and SIMI organization as
general;

3. Thereafter, complaint was referred to UNIFIED

INDIGENOUS POLITICAL STRUCTURE (UIPS)an organization
created under Indigenous Peoples Right Act (IPRA) or R.A.
8371 composed of tribal leaders of municipalities of
Compostela Valley Province, with the mandate among
others, to settle disputes/conflicts arising and involving
within the tribe;

4. Thereafter, UIPS through its council rendered its final

decision, portion of which is lifted to wit;

a. Ang UIPS nagdesisyon pinaagi sa kultoranhon nga pamaagi

nga ang duha ka Partido MAGSAGINGWARA arun mabalik
ang mayo nga relasyon tungod anaa lamang sila sa usa ka
kumunidad ug isip usa ka pamilya basis a kustombre sa
Mansaka;
b. Ang duha ka Partido mag uliay sa maayong kabobot-on ug
kalimtan sa dayong ang ilang panagbingkil sama nga usa
lang ka damgo ug wala nahitabo.

1 AFFIDAVIT OF AURELIO MATAAS

 Attached herewith is a copy of the RESOLUTION issued by Unified
Indigenous Political Structure (UIPS) marked as “Annex 2” to form
an integral part thereof;

5. The SIMI through the affiant, wittingly and willingly

complied the provisions contained in the RESOLUTION to
show utmost deference to IPS/UIPS;

Attached herewith are the copies of Certification with

attachment with photos coming from IPS of Maco showing
full compliance of the order and paying Arsenio T. Onlos
the total amount of One Million (P 1,000,000.00) pesos
marked as Annexes 3-8 to form an integral part thereof;

6. Unfortunately, however, after a year or so, the same

complainants caused the issuance of subpoena (NBI) for
alleged ESTAFA against herein affiant and SIMI officials in
general;

7. On February 7,2019, SIMI officials including herein affiant,

heeded the invitation of the aforesaid office to answer the
allegation concocted by complainants;

8. Thereafter, NBI through Agent Dulay, scheduled another

round of talk directing the parties to bring documents
pertinent to the alleged cause on or before March 8,2019;

9. Subsequently, however, after careful deliberations among

SIMI officials it was resolved that - due to identicality of
parties and issues with the prior case lodged before UIPS it
was deemed but proper for SIMI to invoke the finality and
binding effect of the decision between parties;

10. After all, issues raised by the complainants before the

office of NBI were the same and identical issues resolved
earlier by UIPS;

11. To reopen settled complaint for any investigation will

pose dangerous precedent and may threaten
independence and integrity of UIPS;

12. Also, Section 19 of R.A 8371 stated that, The State shall
recognize and respect the role of independent ICCs/IPs
organizations to enable the ICCs/IPs to pursue and protect
their legitimate and collective interests and aspirations
through peaceful and lawful means.

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 13. Further, Section 15 of R.A. 8371 provides that-

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.

14. Furthermore, Section 66 of the same law provides that

“The NCIP, through its regional offices, shall have

jurisdiction over all claims and disputes involving
rights of ICCs/IPs: Provided, however, that no such
dispute shall be brought to the NCIP unless the parties
have exhausted all remedies provided under their
customary laws. For this purpose, a certification shall be
issued by the Council of Elders/Leaders who participated in
the attempt to settle the dispute that the same has not
been resolved, which certification shall be a condition
precedent to the filing of a petition with the NCIP”.

15. As admitted by complainants that they are up only for

the financial reports of SIMI the same can be best tackled
and threshed out during the general assembly of SIMI, with
presence of NCIP officials as it is the proper forum for the
same;

16. Thus, herein affiant, invoking the aforesaid provisions of

R.A 8371, praying among others that this office (NBI) will
cease from taking cognizance of this complaint and refer it
back to concern agency (NCIP) for appropriate action.

I am executing this Affidavit in order to support the

abovementioned prayer and to attest the truth of the foregoing
statements for whatever legal purpose it may serve.

In witness whereof, I have hereunto set my hand this

_________________________ at Tagum City, Davao del Norte,
Philippines.

AURELIO G. MATAAS

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 Affiant
Voter’s ID No.8204-0197A-C0559AGM10000

SUBSCRIBED AND SWORN TO before me this

_________________ at Tagum City, Davao del Norte, Philippines. I
hereby certify that I have personally examined the affiant and that
the foregoing affidavit was explained to him in the language he
speaks and understands and the same was executed by him
freely, voluntarily and intelligently.

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