1. Constitution of the Tagbanua Nation
Of Calibangbangan Island
We the People of the Tagbanua Nation of Calibangbangan Island, in order to secure our ancestral
domain for future generations, manage our natural resources for the lasting prosperity of our people,
practiceself-government in a way that gives voiceto each and everymember of the Tagbanua Nation,
promote education as the centerpieceof Tagbanua societyand recognize good health as necessary to
the well-being of everycitizendo hereby draft a declaration to uphold the rights of our people. We
further recognize Education, Health, and Sustainable Practicesas the foundation of this tribeand the
responsibilityevery member of this nation has to one another. We the People of the Tagbanua Nation
of Calibangbangan Island in order to fulfill all of the aforementioned and the promise of our people
do hereby ordain and establish thisConstitution.
Article I
National Territory
The Tribal Council shall do everything in its power to establish an ancestral domain
claim through the NCIP survey and delineation process for the Tagbanua Nation of
Calibangbangan Island. This claim shall consist of all land, sea, and air within six
miles of the coastline of Calibangbangan Island as well as all sediment existing below
the surface of the water.
Article II
Membership
Tribal membership shall be granted to every person fulfilling at least one of the
following conditions:
1. Born on Calibangbangan Island
2. Residing on Calibangbangan Island the day this Constitution is passed
3. Has maintained residency on Calibangbangan Island for a period of ten or
more years
4. Is at least one quarter Tagbanua blood and demonstrates a family history on
the island
Article III
National Identity
Section I. The Tagbanua Nation of Calibangbangan Island exists as a nation within a
nation. Every member of the tribe is a citizen of the Republic of the Philippines and
the province of Palawan as well as a member of the Tagbanua Nation. All of the
rights contained within the 1987 Constitution of the Republic of the Philippines
apply fully to tribal members and the government may legally intervene in matters of
2. tribal members so long as those matters deal explicitly in non-tribal affairs. The
actions of Tribal Members on tribal land will be dealt with through a judicial process
outlined in this Constitution.
Article IV
Tribal Government
Section I. Tribal Members
I. Tribal Members are at the center of all government decisions and all
government authority emanates from them
II. Tribal Members elect all representatives of the tribe and may remove
them on the conditions prescribed by this Constitution
III. Tribal Members have the right to pass legislation through a
referendums and initiatives process outlined in Article V of this
constitution
IV. Civilian authority shall always reign supreme over non-civilian
authority
Section I. The Chieftain
I. There shall be one Chieftain. The Chieftain is the symbolic head of
State. It is the Chieftain’s responsibility to represent the tribe in all
negotiations concerning the tribe as a whole. The Chieftain must
defer his decisions to the Tribal Council, but he may submit remarks
to be read at Council meetings and he may call the council together in
times of crisis. Additionally, the Chieftain has the power to veto
legislation passed by the Tribal Council.
Section III. The Tribal Council
I. The Tribal Council shall act as the legislative body for the Tagbanua
nation. It is tasked with passing legislation that effectively allocates
resources throughout the community, protects the natural
environment, and conserves the resources vital to the long term
prosperity of the Tagbanua people.
Section IV. Qualifications for Office
I. All elected officials must
a.) Be members of the tribe at the time of their election
b.) Swear or Affirm an oath of office to uphold this Constitution and
to serve no interests before those of the Tagbanua People while
serving in office
c.) Have lived continuously in the community for a period of no less
than two years prior to taking the oath of the office
3. d.) Earn the support of the majority of the electorate in a fair election
void of any external or internal manipulation
II. No elected official shall
a.) Be required to pass any religious test or qualification
b.) Be held to account for the actions of his family or past associates.
Every elected official shall enjoy freedom from association.
c.) Be exempt from taxes
d.) Enjoy any status, whether formal or informal, which places them
above the law all tribal members are held to.
e.) Give preferential treatment to any individual, family, or faction
through the exercise of powers derived from their office.
Section V. Responsibilities of Elected Officials
I. It is the responsibility of every tribal member elected to office to:
a.) Speak openly and honestly about the challenges facing the tribe
b.) Act without bias in any judicial proceeding they engage in
Section VI. Removal from Public Office
I. Public Officials including the Chieftain, Barangay Captain, Tribal
Council, and all public offices and titles recognized under future
tribal law are subject to removal from their respective offices if they
are shown to have committed any of the following:
a.) Taken funds from the public trust that is beyond what
they are legally due for services rendered to the tribe
b.) Accept any contract or position outside of the tribe that
represents a conflict of interest
c.) Commit any act which knowingly harms the community
as a whole
d.) Routinely appoint officials based on anything other than
merit
Article V
Laws
Section I. passing a law requires the support of two-thirds of tribal council members
Section II. Bringing a proposal to a vote in the council requires a council member
other than the one who put forth the legislation to second it.
Section III. Laws that have been passed must be clearly displayed at the barangay
hole and in the public square for a minimum of one week prior to the law going into
effect.
4. Section IV. The Chieftain or Barangay Captain may veto laws passed by the tribal
council.
Section V. Overturning a veto requires three-quarters of the tribal council’s support
Referendums and Initiatives Process
Section VI. The public may bring proposals to a vote on the public ballot upon the
presentation of a petition featuring the signatures and or thumbprints of at least
thirty tribal members. A simple majority is needed to pass legislation through the
Referendums and Initiatives Process.
Article VI
Transparency and Accountability
Public Records
Section I. A record of all council meetings must be kept detailing every decision that
comes to a vote in the tribal council and documenting the voting records of each
council member including all yays, nays, and abstentions.
Section II. Once a vote is passed, the council must write a short statement of how
that decision benefits the community.
Section III. The records from each council meeting shall be posted clearly at the
entrance of the barangay hole for no less than one week immediately following the
meetings adjournment.
Section IV. A complete record of all Tribal Council proceedings following the passage
of this constitution shall be kept in the barangay hole. The complete record shall
include the following elements:
a.) short description of what each vote entails
b.) the final decision on each vote with vote count
c.) the individual voting records of each council member
d.) times and dates of votes
e.) brief statement on how decision benefits the community
Section V. All records of government proceedings are public domain. Records
must remain accessible to viewing by all members of the tribe.
Section VI. All records must be translated into the native Tagbanua language
Elections
Section VII. Every member of the tribe who is sixteen years of age or older
shall not be denied the right to vote
5. Section VIII. Elections shall be determined by a simple majority
Section IX. Every vote shall count equally
Section X. A public forum must be held at least one week prior to elections.
Candidates running for public office are expected to attend. The forums will
be the public’s chance to ask candidates questions of candidates in a public
setting.
Section XI. Thumbprints are sufficient for voting if signatures are not
practical.
Accessibility of Public Officials
Section XII. All elected officials shall keep office hours when they are open to
questions from the public. Office Hours must meet the following criteria:
a.) at least 10 hours per week between the hours of 8:00 AM and 8:00
PM must be kept
b.) time and place for office hours must be posted in the barangay
hole by Sunday at 12:00 pm for the following week
c.) held for the full duration of posted times in one place that has
been posted
Article VII
Natural Resources
Conservation
Section I. The sale, distribution, and use of dynamite and cyanide are
explicitly prohibited on Calibangbangan Island or in any of its coastal waters
Section II. The dumping of toxic chemicals into the environment is not
permitted on Tagbanua ancestral domain lands under any condition
Section III. Pearl farming operations are illegal in Tagbanua waters under
this constitution and will be punished to the fullest extent of the law
Section IV. Oil and Natural Gas development and exploration are banned in
Tagbanua territory. This includes the waters, seafloor, and all sediment
existing beneath the seafloor.
Ownership
Section V. The land, sea, air, wildlife, minerals and all other natural
resources in established Tagbanua territory belong to the tribe as a whole
6. Section VI. Property that does not carry a private deed is to be held in the
public trust
Section VII. Any decision related to the acquisition, utilization, or
development of natural resources on public trust land will be subject to full
participation of the community. Stakeholders will be notified of decisions well
in advance of any vote.
Section VIII. Fish in Tagbanua waters belong to the tribe as a whole. No
person may hold a monopoly on fisheries.
Article VIII
The Public Welfare
Education
Section I. The first priority of the Tagbanua Nation is to provide a world class
education for every young person in the tribe.
Section II. Education is an economic necessity in the 21st century. An
elementary education is no longer adequate to participate in the global
economy. The tribe shall strive to provide a high school education on the
island for every young adult in the community.
Section III. The tribe shall assist as many people as it can to attend colleges
and universities so that they can bring back that knowledge and expertise to
the tribe. A portion of taxes should be directed towards this important
investment in the nation’s future.
Section IV. Furthermore, the government shall actively seek out partnerships
internationally that will benefit tribal members and the community at large.
These partnerships may include but are not limited to educational
institutions, professionals, businesses, and government agencies.
Health
Section V. No member of the Tagbanua nation shall be turned away from
receiving medical attention when confronting a life threatening illness
Section VI. Actions to support preventive care shall be taken whenever
possible and preventative measures such as good hygiene encouraged by
health professionals
Section VII. Every Tagbanua citizen has the fundamental right to water as
the basis for all life. No citizen shall be denied clean drinking water upon
request from their fellow citizens.
7. Section VIII. Expanding the clinic on Calibangbangan Island to the point
that it can accommodate every member of the nation is a priority without
equal.
Labor
Section IX. The right to collective bargaining shall not be infringed under any
circumstance
Section X. Any form of indentured servitude is illegal under this constitution.
No citizen can legally be held to labor to pay off any debt incurred
Section XI. The work day shall not exceed twelve hours.
Section XII. Employees must be paid for all work hours designated by
employers
Infrastructure
Section XIII. The Tagbanua People and their government shall continually
strive to make investments that improve the quality of life on the island.
Among these investments are: a reliable electric grid, internet access, port
facilities to accommodate growing commercial activities, and educational
facilities and materials to bolster student learning.
Security
Section XIV. Every Tagbanua citizen has the right to be secure in his or her
place of residence. This right shall not be infringed without probable cause of
a crime having been committed in that residence.
Section XV. No citizen of the Tagbanua Nation shall be forced to endure any
form of intimidation by agents of the municipal, provincial, or federal
government of the Republic of the Philippines under any circumstance.
Section XVI. Nor shall any citizen be subject to intimidation from private
individuals, enterprises, or interests.
Article IX
Taxes
Section I. All taxes collected from tribal members shall go to services that
promote the general welfare of the broader Tagbanua community
Section II. At least 75% or three quarters of all taxes must go towards
projects and initiatives on Tagbanua lands.
Section III. The Remaining 25% of taxes may be used on initiatives outside
of Tagbanua lands that benefit tribal members such as providing financial
8. assistance to Tagbanua students pursuing a degree or vocational training
outside of the community.
Section IV. The Municipal Government centered in Linapacan does not have
the legal authority to tax members of the Tagbanua tribe on
Calibangbangan Island under any circumstance. Any attempt by municipal
tax collectors to tax Tagbanua Citizens will be fought in a court of law.
Section V. There shall be an effective tax rate of 25%
a.) Tax Rate applies only to income for people currently in
the workforce
b.) Retirees age 50 and over are exempt from any taxes
Article X
Bill of Rights
1. The freedom of speech shall be absolute and apply equally to every member of the
tribe
2. The freedom to practice religion freely, disseminate information openly, and
assemble peacefully shall be protected under this constitution
3. No person shall be compelled to testify against themselves in a court of law under the
Tagbanua justice system.
4. Access to information shall not be hindered or otherwise impaired
5. Every accused person shall have the right to choose between going through the tribal
and municipal legal system.
6. All other rights previously mentioned in this Constitution shall be protected
7. Because a right does not appear in this Constitution does not mean it doesn’t exist.
Article XI
Amending the Constitution
Section I. This Constitution may be amended
Section II. Proposing an amendment to the Constitution requires a simple majority in the
Tribal Council
Section III. Once an amendment has been successfully proposed, the proposed change will
come to a public vote wherein three-quarters of tribal members must vote in support of the
proposal for it to pass.
Section IV. Three-quarters of the tribe must participate in the vote for the results to be valid
9. Section V. Alternatively, a public vote may be held to amend the constitution with a petition
bearing the signatures or thumbprints of one-hundred members of the tribe. The same three-
quarters majority and three-quarters participation is required in the final vote for an
amendment to succeed.
Article XII
Definition of Terms
1. Community, nation, tribe, and people are all referring to the Tagbanua residing on
Calibangbangan Island
2. The tribe as a whole and the greater Tagbanua community includes Tagbanua
residing outside of the island.
3. The Island refers specifically to Calibangbangan Island
4. Referendums and Initiatives Process is a process by which the public can take on the
responsibilities that their representative government ordinarily would.
5. Collective Bargaining is the right of workers to unite and protest their employers
freely
Amendment I
This Constitution shall distinguish between the communities living within ancestral domain following
enumeration and the Tagbanua tribe as a single distinct ethnic group bound together by shared history,
language, origins, and traditions. The Tagbanua Nation of Calibangbangan Island is home to many
people of diverse backgrounds. The Nation welcomes all who come to its shores in good faith; however,
the Tagbanua Tribe reserves the right to services offered by the government of the Republic of the
Philippines to indigenous peoples exclusively for tribal members. These services include, but are not
limited to: scholarships for Tagbanua students, right to legal counsel free of charge, and discounted
medical services. The right to general education, health care, and suffrage shall be the right of every
citizen of the Tagbanua Nation of Calibangbangan Island; Tagbanua or otherwise.
Amendment II
Any Amendment to or Revision of one version of this Constitution shall apply equally to all versions
of this constitution. All amendments or revisions made to this Constitution following its passage
shall be written in a language understood by the overwhelming majority of the Island’s People
(Tagbanua and or Tagalog Language) before it can be translated into another language.
Amendment III
If the Chieftain, Treasurer, or majority of the tribal council feels that specific questions of
enforcement including taxes and protection of marine areas previously mentioned in this document
are not properly addressed by this Constitution, the council may submit alternative proposals and
amend these statutes with a majority vote in favor of adopting such an amendment. Further,
statutes pertaining to the aforementioned questions of enforcement shall not go into effect for a
period of one year. This one year grace period will allow the tribal government sufficient time to
debate the role of government on the island.
10. Note:
The first three amendments are revisions by the author to address concerns expressed by the
tribal council. Amendments passed in the future may be attached following the signature page
beginning with Amendment IV.
Translation by: Rannie A. Dulay
Adopted:
11. Signed in Council,
Tolentino T. Leuterio
Chieftain
Hon. Diosclado C. Taboc Hon. Clarita T.Aguelar
Tribal Council Member Tribal Council Member
Hon. Romulo C. Taboc Hon. Juanito C. Taboc
Tribal Council Member Tribal Council Member
Hon. Albaro C. Mabute Hon. Francisco Albo
Tribal Council Member Tribal Council Member
Douglas K. Ridley
Author