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9 months ago

Katarungang Pambarangay Handbook_0

C H A P T E R F I V E

C H A P T E R F I V E INDIGENOUS MODES OF DISPUTE RESOLUTION KAP, SOME AREAS IN MY BARANGAY ARE PREDOMI- NANTLY INHABITED BY MUSLIMS OR MORO PEOPLE, AND OTHERS BY INDIGENOUS PEOPLE. WILL I APPLY THE SAME LAW TO THEM? WHAT ARE THE REQUIREMENTS NEEDED? IN BARANGAYS, WHERE THE MAJORITY ARE FROM INDI- GENOUS CULTURAL COMMUN- ITIES, THE LOCAL SYSTEMS OF SETTLING DISPUTES APPLY TO THEM THROUGH THEIR COUNCILS OF TRIBAL ELDERS OR SOME OTHER FORM OF TRADITIONAL MECHANISM. HOWEVER, IN MUSLIM-DOMINATED BAR- ANGAYS, THE LAWS OF SHARIAH APPLIES TO THEM. THIS IS RECOGNIZED BY THE LOCAL GOVERNMENT CODE. WELL, THE PROVINCIAL OFFICE OF THE NATIONAL STATISTICS OFFICE (NSO) SHOULD CERTIFY THAT THE MAJORITY OF THE INHABITANTS OF THE BARANGAY BELONG TO THE INDIGENOUS CULTURAL COMMUNITIES. OF COURSE, THEY SHOULD NOT FORGET TO REGISTER THE NAMES OF THEIR RECOGNIZED DATU OR ELDERS WITH THE OFFICE OF THE MAYOR IN THE RESPECTIVE CITY OR MUNICIPALITY. LASTLY, THE ELDERS OR DATUS MUST CERTIFY THE INDIGENOUS SYSTEM OF SETTLING DISPUTES BY THEIR RESPECTIVE COUNCILS OF DATUS, TRIBAL LEADERS OR LEADERS.

WHAT IF ONLY ONE OF THE DISPUTANT BELONGS TO ANOTHER TRIBAL COMMUNITY, HOW CAN WE SETTLE THIS? THEN, THE PARTIES MUST AGREE UPON THE INDI- GENOUS SYSTEM THEY WOULD SUBMIT THEM- SELVES TO FOR AMICABLE SETTLEMENT. WHAT IF THEY CANNOT MUTUALLY AGREE ON THE SUBMISSION DISPUTE OF THE WITH THE INDIGENOUS SYSTEM OF AMICABLE SETTLEMENT? THEN THAT IS THE TIME WHEN THE SETTLEMENT PROCEEDINGS PROVIDED FOR BY THE KATARUNGANG PAMBARANGAY SHALL BE APPLIED. WHAT IF THE DISPUTE IS SETTLED SUCCESSFULLY THROUGH THE LOCAL INDIGENOUS SYSTEM, DOES THE TRIBAL COUNCIL NEED TO INFORM ME? PRECISELY, THE TRIBAL COUNCIL NEEDS TO TRANSMIT A COPY OF THE SETTLEMENT DULY ATTESTED TO BY THE TRIBAL COUNCIL LEADERS TO THE PUNONG BARANGAY OF THE PLACE WHERE THE DISPUTE HAS BEEN SETTLED. KATARUNGANG PAMBARANGAY 61

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