MANILA, Philippines — The National Commission on Indigenous People (NCIP) found that the contract signed by Apo Whang-od with Nas Academy Philippines was "grossly onerous" and did not have the consent of the centenarian to teach at the academy.
Nas Academy, meanwhile, refuted the findings and said that it was not given the chance to air its side.
The NCIP released a two-page press statement on August 29 that detailed its findings and recommendations on the issue involving Maria Oggay or more popularly known as Apo Whang-od and Nas Academy Philippines.
NCIP-Cordillera Administrative Region regional director Atty. Marlon P. Bosantog reviewed the contract and did a personal interview with Apo Whang-od, her family and the elders and leaders of the Kalinga tribe on August 17.
Apart from Apo Whang-od being unaware of teaching the Kalinga art of tattoing at Nas Academy, the findings said that Apo Whang-Od did not affix her thumb mark in the said contract, which Nas Academy had said she did by providing a video of it in its earlier statements.
The said thumb mark is now under the subject of "further forensic study" as there appeared to be an "apparent disparity" between the thumb mark affixed in the said contract and the one Apo Whang-od affixed on a clean piece of paper provided by the investigation's validation team.
"The contract was grossly onerous on the part of Apo Whang-od. The contract states that the Nas Academy has exclusive ownership of any content that the show would produce including the likeness, image, voice, etc of Apo Whang-od and such ownership is in perpetuity, inclusive of the right alteration and the right to assign and transfer the same without consent," read one of the findings.
Stella Palangdao, who was earlier identified as the niece who stood as witness and translator, said that the provisions of the contract were "not explained" to them except that they were made to sign the contract of filming, interview, photography, and release related to the course.
"The art of tattoing is a cultural expression and is practiced by the ICCs/IPs (Indigenous Cultural Communities/Indigenous Peoples) of Kalinga. Teaching of said cultural manifestation or expression in an open platform accessible to millions of people would render it generic and thus it would lose its authenticity and cultural meaning. This would also discourage the next generation to learn and carry on with the tradition. The online platform can also lead to the demise of their culture driven tourism industry," said the statement, adding that it was the "sentiment and collective affirmation of the tribe's elders and traditional leaders" during the dialogue.
The NCIP reminded the public that anyone who want to work with the IPs must notify its agency and the local government unit. The agency also stressed that any entity that wishes to work with the IPs and their knowledge and practices must have the consent of the community under the Indigenous Peoples Rights Act.
It added that should Apo Whang-od and her community decide to pursue legal actions, the NCIP will provide legal assistance.
Nas Academy denies allegations
Nas Academy released a statement on August 30 following NCIP's findings and recommendations.
"It is not true that Apo Whang-Od's consent was not obtained and that she did not affix her signature. It is also not true that the contract was not discussed with her," read part of its statement.
Nas Academy said that to produce the Whang-od Academy for its online education platform, they engaged the services of a local production company and entrusted it to conduct due diligence and comply with all requirements mandated by Philippine law. The said company, whose name was not mentioned, has worked with Indigenous People and assured Nas Academy that they would coordinate with Whang-od, her family, and their community.
Nas Academy said that their team spent two days filming with Whang-od and Stella and the process involved seven people.
The Nas Academy contract was presented and translated to Whang-od by her niece, Estela Baydon Palangdao, in the presence of Rudy (brother of Whang-od), husband of Estela (biological nephew of Whang-Od), two other members of their tribe as well as Agosto, a tour guide and tourism officer.
"You can see that Whang-Od affixed her thumbprint on the contract, only after the contents had been explained to her by the local Filipino production team with the help of Estela. It was only after the permission was granted by the family, that the filming started," Nas Academy said.
It denied that the contract was onerous and stressed that the contract specifically said that Apo Whang-od will receive shared revenue from the income generated from the project. It cited as proof the bank account opened by Estela where the proceeds will go. Nas Academy said that terms of the contract are "standard for all Nas Academy agreements, containing fair and legally sound terms that are fair to both parties."
Nas Academy said that they wanted to support Apo Whang-od and her family during these difficult times.
"We were ready to cooperate with the Regional Office of the NCIP in its investigation. But Nas Academy was not given the chance to explain its side before arriving at a conclusion and releasing a statement. This is not how a fair investigation is held. Both sides must be heard to reach a fair and informed conclusion," the statement read.
Nas Academy said it regrets the inconvenience brought about by the incident and thinks the issue is the "result of internal disputes that are outside of our control." They, however, remain committed to their mission in the Philippines.