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Katarungang Pambarangay Handbook_0

2. WHERE ONE OF THE

2. WHERE ONE OF THE PARTIES IS A NOT A MEMBER OF THE TRIBAL COMMUNITY OR DOES BELONG TO THE SAME INDIGENOUS CULTURAL COMMUNITY EXCEPT WHEN HE VOLUNTARILY SUBMITS TO THE JURISDICTION OF THE COUNCIL OF ELDERS/LEADERS; 3. WHERE THE RELIEF SOUGHT FOR IN THE COMPLAINT OR PETITION SEEKS TO PREVENT ANY GRAVE, IMMINENT AND IRREPARABLE DAMAGE OR INJURY THAT MAY RESULT IF NOT ACTED IMMEDIATELY; AND 4. WHERE THE COUNCIL OF ELDERS/LEADERS REFUSE TO ISSUE THE NECESSARY CERTIFICATION WITHOUT JUSTIFIABLE REASONS. ARE ALL THESE PROVISIONS OF THE LOCAL GOVERNMENT CODE OF 1991 AND THE INDIGENOUS PEOPLES RIGHTS ACT OF 1998 ON INDIGENOUS MODES OF DISPUTE SETTLEMENT APPLICABLE IN THE AUTONOMOUS REGION IN MUSLIM MINDANAO? APPARENTLY, THE LOCAL GOVERNMENT CODE OF THE ARMM HAS A SIMILAR LGC PROVISION OF CONCILIATION AMONG MEMBERS OF THE INDIGENOUS CULTURAL COMMUNITIES WHICH PROVIDES THAT THE CUSTOMS AND TRADITIONS OF ICCS SHALL BE APPLIED IN SETTLING DISPUTES BETWEEN MEMBERS OF THE ICCS. THE REGIONAL LEGISLATIVE ASSEMBLY ALSO HAS ENACTED A RESOLUTION ADOPTING THE IPRA AS THE FRAMEWORK FOR THE RECOGNITION OF THE RIGHTS OF IPS IN THE REGION. 66 A HANDBOOK

HOW HAS THE INDIGENOUS MODE OF DISPUTE SETTLEMENT IN THE ARMM TAKEN FORM? IT HAS TAKEN DIFFERENT FORMS DEPENDING ON THE COMMUNITY PRACTICE OF THE INDIGENOUS JUSTICE STRUCTURE. IN THE MUNICIPALITY OF UPI, THE LOCAL GOVERNMENT UNIT RECOGNIZED THE EXISTENCE OF THREE (3) DIFFERENT TRIBAL OR ETHNO-LINGUISTIC GROUPINGS OF MUSLIMS, TEDURAYS AND THE CHRISTIAN SETTLERS. FROM THIS TRI-PEOPLE CONCEPT AROSE A DISTINCT INDIGENOUS DISPUTE SETTLEMENT GROUP AT THE MUNICIPAL LEVEL CALLED THE MAYOR‛S COUNCIL. ITS MEMBERSHIP COMES FROM A REPRESENTATIVE GROUP OF THE RESPECTIVE TRIBE‛S LEADERS OF KNOWN LEADERSHIP AND INTEGRITY. IT WAS CREATED TO HELP THE KATARUNGANG PAMBARANGAY SYSTEM IN DISPUTE SETTLEMENT. IN OTHER AREAS OF THE ARMM WHERE MOST OF THE INHABITANTS ARE MUSLIMS, HOW DID THE INDIGENOUS DISPUTE SETTLEMENT STRUCTURE TAKE FORM? THE INDIGENOUS DISPUTE SETTLEMENT GROUP FROM ONE LOCAL GOVERNMENT UNIT TO ANOTHER HAS EVOLVED DISTINCTLY. THE MORE COMMON STRUCTURE TOOK ITS FORM FROM THE TRADITIONAL LEADERSHIP STRUCTURE OF SULTANANTES, DATUSHIPS, AND OTHER ISLAMIC AND PRE- ISLAMIC INSTITUTIONS. HOWEVER, THE PRESENT-DAY DISPUTE SETTLEMENT GROUPS HAVE BEEN INSPIRED FROM INTERFACING THE TRADITIONAL JUSTICE STRUCTURES WITH THE LGU-MANDATED BODIES SUCH AS THE PEACE AND ORDER KATARUNGANG PAMBARANGAY 67

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