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Barangay Justice Advocates: Dare to Resolve, Resolve to Win(A Typology of Cases on Community Conflicts Managed by Barangay Justice Advocates)

AUTHORS:Angela A. Librado-Trinidad January Faye L. Risonar Leah A. Librado-Yap Antoinette G. Principe Rowena Fely S. Licas Noreen Minette P. Manatad

Women in Law, Davao City

EDITORS:Agnes Q. VillarruzMa. Rosamund R. ParadoDiana Kristina B. Velasco

DESIGN AND LAYOUT:Glen A. de Castro Jacquelyn A. Aguilos

Copyright @ All rights reserved.

No part of this report may be reproduced, stored in a retrieval system, or transmitted, in any form by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior permission from GRF.

Published by:Gerry Roxas Foundation11/F Aurora Tower, Araneta CenterQuezon City 1109, PhilippinesTel: (632) 911.3101 local 7244Fax: (632) 421.4006www.gerryroxasfoundation.org

Disclaimer:This study is made possible by the generous support of the American people through the United States Agency for International Development (USAID) through Cooperative Agreement AID 492-A-00-09-00030. The contents are the responsibility of the Gerry Roxas Foundation and do not necessarily reflect the views of USAID or the United States Government.

Gerry Roxas Foundationi

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I. INTRODUCTION 1 A. Overview of the Project

B. Study ObjectivesC. Methodology of the StudyD. Definition and Typology of Cases

II. FINDINGS 10A. Overall Analysis of Cases Case Typology and Ranking by Frequency BJA Resolution/Referral Rates Propensity for Cases to Escalate into Violence

B. Assessment of Cases by Project Area 15 Case Typology Ranking by Frequency Resolution / Referral Rates Propensity for Cases to Escalate into Violence Other Impacts (Economic)

III. CONCLUSION 58

IV. RECOMMENDATION 61

ANNEXES A: Case Monitoring Form B: Summary of Typology of Cases by Area C: Percentage Share of Typology of Cases Per Area D: Ranking of Typology of Cases by Area by Frequency of Occurrence E: Resolution and Referral Rates Area F: Percentage Share of Typology of Cases with Perceived Likelihood to Escalate Into Violence G: Ranking of Typology of Cases with Perceived Likelihood to Escalate Into Violence

Gerry Roxas Foundation

Barangay Justice Advocates: Dare to Resolve, Resolve to WinA Typology of Cases on Community Conflicts Managed by Barangay Justice Advocates

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Gerry Roxas Foundationiii

The Barangay Justice Service System (BJSS) is the flagship project under the Justice and Peace Program of the Gerry Roxas Foundation. It promotes governance and rule of law through community participation

and citizen empowerment. The BJSS model bridges the gap between commu-nities, the formal justice system and alternative systems of dispute resolution. It also strengthens the Katarungang Pambarangay (KP) system. In the past 11 years, the GRF has developed technical and administrative capacities to imple-ment the BJSS model of alternative dispute resolution and has achieved signifi-cant gains as a service providerin peace building in the communities.

The Project started in Panay Island in 1998 and eventually covered Mindanao in the ARMM areas in 2002 with funding from the US Agency for Internatio- nal Development (USAID).To date, GRF has assisted 24 provinces in the whole country covering 15,159 peace advocates in 196 municipalities and 2015 barangays. More than 60 percent of the provinces covered are in conflict- affected areas in Mindanao.

Under the Project, GRF mobilizes and trains community-endorsed citizen volunteers called Barangay Justice Advocates (BJAs) on mediation, peace counseling and various aspects of the law. Once trained, a BJA functions as mediator, peace counselor, network-builder and educator. As a peace advocate, a BJA facilitates the conflict settlement process appropriate to the nature of the dispute between parties to prevent conflict from escalating into violence.The project also supports the use of popular education as a means of promoting peace messages and expanding and sustaining the gains of community-based justice and peace advocacies.

The BJSS model is implemented with Local Resource Partners (LRPs) numbering more than 20 to date, the provincial and municipal local govern-ment units where the project operates and the Department of the Interior and Local Government (DILG). The strong partnership between GRF, LRPs and LGUs opens up a lot of opportunities in conflict reduction through the expansion of BJSS models in non-project areas utilizing LGU resources. As a show of support under the current project, 8 LGU partners provided close to P8 M additional budget for expansion of project and to sustain project gains in conflict reduction. Other sustainability initiatives include the organiza-tion of the Mindanao Consortium for Barangay Justice Advocacies by local resource partners. The consortium consists of a network of LRPs trained as barangay justice service providers under the BJSS. Recognizing the impact of the BJSS in conflict reduction, the LRPs saw the consortium as a mechanism for assisting LGUs in sustaining project gains. The GRF is currently assisting the consortium in its organizational development.

In 2011, GRF became an accredited service provider of the Local Government Academy for the Foundation’s barangay justice training modules. With the

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increasing demand for training from LGUs that have not been served by the Project, GRF shall continue its work in conflict affected areas to help reduce violent conflicts and promote community peace through the BJAs.

The BJSS evolved into what is now the Barangay Justice for Peace (BJP) Project. This is a 2-year project funded by USAID ending in December 2011, which aims to reduce violent conflicts in 8 conflict-affected areas in Mindanao. By design, local government units and resource partners are engaged in all phases of the project to sustain the gains in conflict reduction. Under the current project, BJAs have successfully managed more than 11,000 cases over a 12-month period with a 94% resolution rate.

From August 2010 to August 2011, more than 3,000 barangay justice advocates (BJAs) equipped with basic and advanced skills in mediation and counseling as well as basic knowledge of existing laws have documented and managed different types of conflicts in their respective areas.

GRF is presenting this study purposely to assess cases managed by BJAs and see how effective they were in resolving community conflicts that would have escalated into violence.

The GRF extends its gratitude and appreciation to WINLAW and the BJAs who have contributed to the research, development and documentation of the study.

Gerry Roxas Foundation1

I. Introduction

Mindanao is no stranger to violence. Crime, insurgency and family feuds that spiral into clan wars or ‘rido,’ sapped for decades what could have been the Philippines’ ‘food basket.’

For decades now, countless efforts have been exerted to bring about just and lasting peace in Mindanao. From Marcos’ Tripoli Agreement to Aquino’s autonomous regions and Ramos’ SPCPD down to Estrada and Arroyo’s total war policy --these government initiatives were purportedly meant to address the roots of unpeace, to no avail.

The failure of the government to end the decades-long conflict in Minda-nao springs from its failure to recognize the real triggers of violence and the absence of its political will to combat them. As aptly observed, the roots of the conflict have been the clash of interests in land and other natural resources, and the identity issues emerging from the de facto second- class status of much of the Moro population.1 These are further complicated by “chronic conflict among different clans” (sometimes erroneously referred to as “tribes”) within the Muslim population xxxx and ordinary but widespread banditry xxx” 2.

These complications, specifically the clan wars, have punctured Mindanao families and communities so much so that combating them has become a major challenge on their own.

Continually taking on this challenge is the Gerry Roxas Foundation (GRF, for brevity) which is now on its 53rd year of innovating ways and means to effectively address these types of conflicts in Mindanao by putting premium on citizens mobilization and community empowerment. Ultimately, it aims to nip triggers of clan wars or rido at first instance through the implementation of its projects either singly or in partnership with local government units and other local resource allies.

Now on its second year of implementation, GRF’s Barangay Justice for Peace Project (BJPP), which was hatched both as a complementary machinery to local governments and resource mobilization initiative, confirms the efficacy of non-judicial, customary and localized conflict management mechanisms in reducing the incidence of violence in Mindanao.

Primarily, the thrust of the is to mobilize local resources and optimize their potentials as peace builders and peace advocates. Dubbed as Barangay Justice Advocates (BJAs, for brevity), they shall intervene at any stage

1 MINDANAWON ABROAD: Maguindanao Massacre By Ava Patricia C. Avila November 23, 2011 | Filed under: Mindanawon Abroad2 The Mindanao Conflict in the Philippines: Roots, Costs, and Potential Peace Dividend by Salvatore Schiavo-Campo Mary Judd, February 2005

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in any conflict/dispute to suppress violence or dissipate animosity between and among families and communities.

For this project, eight (8) ARMM and non-ARMM provinces and cities were chosen and at least five (5) barangay justice advocates were trained and deployed for each barangay identified. The sites include: Provinces of Davao del Sur, Sarangani, Tawi-Tawi, Maguindanao, South Cotabato, Zamboanga Sibugay and the cities of Dipolog and Pagadian.

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Study Objectives

The study hopes to leave an imprint on the lives of the Mindanaons that people empowerment is one of the key ingredients in building peace in our communi-ties.

Specifically, this study aims to:

1. Identify and show the typology of cases occurring in the eight (8) provinces and cities and their frequency in each area

2. Identify the major causes of clan conflicts or triggers in comparison to the rido triggers identified in previous studies conducted

3. Determine the effectiveness of the BJAs in resolving conflicts and averting clan wars or violence

Methodology

The conflict in Mindanao has largely been concentrated in the Muslim-ma-jority areas of central and southwestern Mindanao, which consists of three of today’s administrative regions (Region IX—Western Mindanao; Region XII—Central Mindanao; and the Autonomous Region in Muslim Mindanao, or ARMM) and of four provinces in Region XI—Southern Mindanao (Davao del Sur; Sarangani; South Cotabato; and Sultan Kudarat).

In order to help address reduction of violent conflicts, the Barangay Justice for Peace Project (BJPP) was implemented by the GRF with funding assistance from USAID. Implemented in September 2009, the Project aimed to expand and enhance current BJSS peace-building initiatives and consolidate GRF gains in community justice service systems. Its goal is the reduction of violent conflicts in unserved ARMM and non-ARMM communities through training and mobilization of community volunteers called Barangay Justice Advocates to help resolve community conflicts through counseling and mediation.

The BJPP has four (4) project objectives:

1. Reduce the number of violent conflicts in target areas

2. Improve the capacities of LGUs in integrating community-based alterna-tive dispute mechanisms in local level planning and budgeting processes

3. Build capacities of Barangay Justice Advocates (BJAs) and local resource



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partners in alternative dispute resolution

4. Develop a constituency of peace in conflict-affected areas through community-based peace education

The BJP Project covered 601 barangays in six (6) provinces and two (2) cities in Region IX, XI, XII and ARMM and organized The BJPP initially targeted the training and mobilization of 3,000 BJAs, but the provision of counterpart LGU resources increased the actual accomplishment to 4,019.

The BJAs managed a total of 11,006 cases over a 12-month period. Of the total, 10,091 cases encoded to the database were made available for classifi-cation based on the categories and sub-categories presented in the following discussion.

BJAs documented the cases managed using a template of a case monitoring form attached as Annex “A”. The data was summarized and analyzed using simple statistical tools such as percentages and averages. Central to the methodology is the classification of cases according to typology for ease of comparison and analysis.


Definition of Typology of Cases

By the nature of the cases, its issues, the parties involved as well as their frequency, cases were classified giving due consideration to established legal definitions and concepts. In addition, the occurrence and recurrence of cases bordering on the trivial have also been considered in the typology of cases. Thus, the following comprise the types of conflicts collated by the BJAs. Sub-categories in all typologies were also identified for easy case tracking and classification.

a. PROPERTY DISPUTES relate to any conflict or disagreement concerning ownership and possession of real properties. These shall include:

a.1. Boundary Issues - disputes arising from conflicts of land boundary.

a.2. Inheritance Issues – disputes arising from the distribution of real and/or personal property among heirs.

a.3. Land Grabbing – includes illegal squatting and similar acts of taking possession of another persons land as one’s own.

a.4. Estafa – includes acts of swindling, deceitful acts which cause a person to give money or anything of value and the money or thing given is misappropriated.

a.5. Ownership Issues – involves issues where parties each assert owner-ship and the rights of an owner.

a.6. Possession Issues – there is no issue as to ownership. The parties recognize who the owner is. Issue involves tenancy disputes, violation of lease agreements, etc.

b. DOMESTIC CONFLICTS refer to those disputes were disputants/parties related to each other either by blood or affinity or are members of the same household. These shall include cases of incest, child abuse, marital conflicts, either amounting to VAWC or not. These conflicts were further sub-catego-rized and defined as follows:

b.1. Incestuous Rape – rape committed by a relative.

b.2. Child Abuse – is the physical, sexual, emotional mistreatment, or neglect of a child. Cases falling under R.A. 7610.

b.3. VAWC – refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with



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whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. Cases falling under R.A. 9262

b.4. Non-VAWC Marital Conflicts – marital disputes not amounting to acts defined under R.A. 9262

c. GENDER-RELATED OFFENSES refer to any dispute or conflict on account of one’s sex. It shall include all forms of discrimination against sexes, most especially women and girl children.

c.1. Rape - sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person’s consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent.

c.2. Elopement – running away from one’s place of residence together with one’s beloved with the intention of getting married.

c.3. Sexual Harassment - Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervi-sor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act (Section 3 of R.A. 7877)

c.4. Acts of Lascivousness – acts that do not amount to having carnal knowledge but similar acts which are done with lewd designs.

c.5. Seduction – by means of deceit, having carnal knowledge or sexual intercourse with the consent of a woman who is a minor.

c.6. Similar Conflicts – those not falling under the aforementioned categories but in the same category.

d. VIOLATION OF PRIDE AND DIGNITY refers to any dispute, not falling under any of the conflicts, and arising out of an act or omission which causes embarrassment or discomfort or anything that affects one’s self-worth and esteem such as but not limited to jesting.


d.1. Oral Defamation – wrongful accusations, spreading false stories and similar acts destroying a persons reputation or good name.

d.2. Slander – an act, usually done in public, which causes humiliation or embarrassment. Disputes that result to the loss of family honor.

e. COLLECTION OF DEBT involves disputes arising from the failure to pay a debt or non-payment of dues. It is quite self-explanatory and is classified separately because of its relatively high frequency rate.

f. PHYSICAL INJURIES cases, whether slight or grave physical injuries caused by slapping, punching and the like are likewise self – explanatory but shall not include incidents of deaths and serious injuries as defined by Philippine laws.

g. CRIMES AGAINST PROPERTY are cases which involve the taking of personal property belonging to another with intent to gain. This crime was further sub-categorize as follows:

g.1. Theft – the taking of another persons property without permission or consent.

g.2. Robbery – the taking of personal property through force, intimidation and threat

g.3. Damage to property – loss or destruction of personal property

g.4. Cattle Rustling – to steal livestock

g.5. Usurpation – wrongful seizure of authority

g.6. Brigandage – highway plunder and robbery by a gang

g.7. Trespassing – involves entering the dwelling or land of another with-out the owner’s consent or without authority

h. OTHER CAUSES refer to incidents although not falling under any of the categories but ultimately cause alarm or disturb the peace in the communi-ties. These include but is not limited to cases of political rivalry and crimes against person and shall also embrace cases where no private complainants are involved or no personal injuries have been noted such as drug-related conflicts. Specifically, the sub-categories are the following:



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h.1. Homicide – the killing of a person.

h.2. Murder – killing a person with aggravating circumstances such as abuse of strength, treachery, or cruelty.

h.3. Drug-related crimes – those disputes involving illegal drugs.

h.4. Alarms and Scandals – acts which cause public disturbance and includes public scandals.

h.5. Breach of Contract - when an agreement is not honored by one or more of the parties to the contract by non-performance or interfer-ence with the other party’s performance. If the party does not fulfill his contractual promise, or has given information to the other party that he will not perform his duty as mentioned in the contract or if by his action and conduct he seems to be unable to perform the contract, he is said to breach the contract.

h.6. Threats – any act which poses to do harm to a person or his property.

h.7. Money Claims – any action which seeks to recover money or reimbursement.

h.8. Unjust Vexation– an act done which causes substantial aggravation or annoyance.

h.9. Falsification – pertains mostly to fake documents or documents used by a person who does not own the same.

h.10. Gambling – any form of illegal gambling prohibited by law.

h.11. Anti-fencing – the mere possession of stolen goods.

h.12. Carnapping – refers to the act/s of stealing automobiles.

h.13. Custody – an action to determine who will take care of a minor child.

h.14. Resource Conflicts - disputes regarding communal property and right to access and use of resources.

h.15. Political Rivalry - Conflicts caused by competition over political posts, electoral defeats and misunderstanding during elections - this may also include competition for (community/clan) leadership.

h.16. Cannot be classified (CBC) - are those cases which cannot be classified due to limited case facts.

OTHER CAUSES is a combination of all other cases not falling under any of the classes mentioned and was added purposely to accommodate all types of


cases, the frequency rate of which , if taken individually, proved insignificant. It must be noted however that wholly, Other Causes is consistently in the top three in terms of frequency in all the areas identified by this project.

USE OF INDICATORS

The effectiveness of the BJAs in resolving conflicts in the communities is deter¬mined by the resolution rate of cases managed by the BJAs. Case resolu-tion is defined as either managed by BJAs through counseling and mediation or referred to traditional and legal institutions for appropriate action. While this indicator measures the capa¬bility of BJAs to dispose of cases in general, the same could actually reflect the competence of any BJA to determine whether a case is fit for mediation or is best resolved in another forum/arena.

In determining causes/triggers of rido or clan conflicts, the study considered only BJA responses on “cases which are likely” and “most likely to escalate into violence” in the case monitoring form. While these are perception answers from the BJAs, the study findings approximate the same triggers identified in the Asia Foundation study on Triggers of Rido. Thus, cases which receive the highest percentage of “most likely escalating into violence” are considered the most potent triggers in each area/province/city .

The economic cost of violence was also considered in the study although the case monitoring form only required parties to affirm or deny whether the cases have influenced or affected their economic activities. There were no quantifi-able variables given to determine the extent of influence the cases have on the economic conditions of the parties as well as the communities.



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II. Findings

A. OVERALL ANALYSIS OF CASESThe Barangay Justice for Peace Project covered eight (8) project areas namely the Provinces of Davao del Sur, Sarangani, Tawi-Tawi, Maguindanao, South Cotabato, Zamboanga Sibugay and the cities of Dipolog and Pagadian.

Within a 12-month period from August 2010 to August 2011, more than 3,000 barangay justice advocates scattered all over the project areas who are equipped with basic and advanced skills in mediation and counseling as well as basic knowledge of existing laws have documented and managed different types of conflicts in their respective areas.

In a span of one year, the BJAs have documented and managed approximately 11,006 cases. Of the total number of documented and managed cases, 10,091 were encoded to the project database and were then made available for classifi-cation and analysis. For the purpose of this report, these 10,091 recorded cases became the basis for the analysis of cases managed by BJAs.

Table 1 shows that Zamboanga Sibugay leads in the number of cases documented with approximately 2,123 comprising 21% of the total number of cases. It is followed by the Province of Davao del Sur with 18% or about 1,783 cases.

Table 1. Summary and Percentage Share of Cases by Area (10,091 Cases)

AREA NUMBER OF CASES % SHARE

DIPOLOG 313 3%PAGADIAN 301 3%DAVAO DEL SUR 1783 18%SARANGANI PROVINCE 1665 16%TAWI-TAWI 571 6%MAGUINDANAO 1730 17%ZAMBOANGA SIBUGAY 2123 21%SOUTH COTABATO 1605 16%TOTAL 10091 100%

The Province of Maguindanao also shows significant number of cases documented with 1,730 cases or 17% of the total number of managed cases.Fi

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II. Findings: Overall Analysis of Cases

It is noteworthy that in Figure 1 above, the cities namely Dipolog and Pagadian register the lowest share of cases compared to the provincial areas with 313 and 301 cases respectively, both posting a three percent (3%) share of the total number of cases managed. This is probably attributed to the number of BJAs existing in the area as well as the number of population considering that both cities have more or less 100,000 residents.

Despite geographical differences, the project areas suffer and experience the same problems especially in terms of conflicts happening in their communi-ties.

CASE TYPOLOGY AND RANKING BY FREQUENCY

Of the 10,091 cases documented by the BJAs, Crimes Against Property rank first in terms of frequency as there are about 1,877 recorded cases comprising about nineteen percent (19%) of the total number of cases as shown in Figure 2.

This is followed closely by domestic conflicts at 17% with more or less 1,697 cases. It is however worth mentioning that out of the total number of domestic conflicts managed, 35% or about 59% are cases involving violation of Anti-Violence against Women and their Children Law or Republic Act No. 9262.

Other Causes covering cases that are considered isolated and/or sporadic because of less frequency of occurrences in the area rank third in terms of percentage share with 15% or about 1,576 cases. Common among the areas classified under other causes are cases like threats, public disturbance and breach of contract.

Figure 1. Percentage Share of Cases by Area (10,091 Cases)

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Crimes Against Property are prevalent in Dipolog City, Sarangani and Maguindanao Province comprising about 45% of the total 1,877 Crimes Against Property recording in all the areas. In Pagadian and Zamboanga Sibugay, domestic conflicts are rampant. It is quite alarming though that Zamboanga Sibugay has the highest number of Domestic Conflicts recorded with 454 cases compared to all other areas comprising about 27% of the total 1,697 Domestic Conflicts documented. In South Cotabato, issues relating to Collection of Debt appear to be the most problematic with 296 cases recorded. (See Annex “B” for reference)

BJA RESOLUTION/REFERRAL RATES

Figure 3 and 4 show the Resolution and Referral Rates of the eight (8) areas covered by the Barangay Justice for Peace Program.

For purposes of this report, a case is deemed resolved if it has been handled by the BJAs themselves either by mediation, counseling or both and the parties in conflict would thereafter reach a settlement. The settlement agree-ment varies depending on the issues involved. It may come in the form of apology, community service, restitution and/or payment for damages. A case is likewise considered resolved if the BJAs have facilitated the referral of the case to the proper authorities for disposition.

In sum, the resolution rate of all the cases handled by the BJAs is 93%. This translates to 9,385 out of all the 10,091 recorded cases.

The resolution rate is highest in Pagadian City and the Province of Tawi- Tawi with each having a 97% percentile rate. A close second is the province of

Figure 2. Total Number of Cases Per Typology (All Areas, 10,091 Cases)

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Zamboanga Sibugay with a resolution rate of 96% followed by South Cotabato which has a resolution rate of 93%.

The Province of Tawi-Tawi, where the residents are predominantly of the Sama tribe, reflect a high resolution rate as they are known to detest conflicts and are peace loving people.

Referrals, on the other hand, are cases wherein the parties despite going through the dispute resolution mechanism failed to amicably settle. The BJAs are left with no other recourse but to refer the case to the proper authorities for the logical conclusion of their conflicts.

Figure 3. Resolution Rate Per Area (10,091 Cases)

Figure 4. Referral Rates Per Area (10,091 Cases)

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For the entire project, the referral rate is nine percent (9%) or 908 cases out of all the encoded 10,091 cases. Again, the Province of Tawi-Tawi amongst all the provinces covered by the has the highest referral rate of 40%. Followed by Dipolog City with a referral rate of 16% and Zamboanga Sibugay, 14%.

In sum, the high resolution rate of BJA-handled cases goes to show that the is fast becoming an effective tool in conflict-resolution. The BJAs being in the forefront of handling disputes or conflicts in the grassroots level are slowly gaining the trust and confidence of disputants in settling disputes without need of resorting to tedious court litigation, or worse, taking the law into their own hands.

Admittedly, not all conflicts or disputes can be resolved by the BJAs. Still, logic dictates that the BJAs, in handling the disputes and appropriately referring the same to the authorities/agencies for proper resolution, were instrumental in bridging the gap between the communities, the formal justice system and other alternative systems of dispute resolution.

PROPENSITY FOR CASES TO ESCALATE INTO VIOLENCE

On the other hand, the project also reveals that absence of intervention of these BJAs and without their effective mediation and counseling skills, the cases if left unresolved would probably escalate into violence.

Figure 5 shows that cases involving physical injuries rank first in terms of like-lihood to escalate to violence which is self-explanatory with 60% propensity

Figure 5. Percentage Share of Typology of Cases with Perceived Likelihood to Escalate to Violence (10,091 Cases)

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Table 2. Top Five Triggers of Violence (All Areas)

CASE TYPOLOGY % TOTALPHYSICAL INJURIES 60%OTHER CAUSES 43%DOMESTIC CONFLICTS 40%PROPERTY DISPUTES 37%VIOLATION OF PRIDE AND DIGNITY 36%

It is worthy to mention also that in cases classified under Other Causes, cases involving political rivalry especially in the Provinces of Maguindanao, Sarangani, Tawi-Tawi and in the City of Dipolog show significant rates in terms of propensity to escalate into violence. While the number of cases involving political rivalry are few and would probably be considered as insignificant compared to other cases classified in this study, their impact in terms of likeli-hood to escalate into violence cannot be set aside as in the case of Dipolog, with one (1) recorded political rivalry case, it is observed that if the same is not abated, its propensity to escalate into violence is posted at 100%.

B. ASSESSMENT OF CASES BY PROJECT AREA

1. DIPOLOG CITY

Dubbed as the Gateway to Western Mindanao and Zamboanga Peninsula, Dipolog City which comprises of 21 barangays is one of the two cities covered by this project. It is also the capital of the Province of Zamboanga del Norte. With over 120,000 residents, Dipolog City is not spared from having to deal with conflicts in the community. In fact, despite the small in number of cases documented by the BJAs in the area, the people of Dipolog still experience different types of conflicts that could probably stir and escalate into violence if not immediately abated.

Based on Table 3, of the total number of encoded cases, Dipolog City accounts for three percent (3%) or approximately 313 cases. It is one of the areas with the least number of cases reported and managed by BJAs.

rate. This is followed closely by cases under Other Causes at 43%. Domestic Conflicts also come out a trigger for violence with 40% propensity.

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Table 3. Summary of Typology of Cases Dipolog City (313 Cases)

CASE TYPOLOGY TOTAL NUMBER OF CASESCRIMES AGAINST PROPERTY 64PHYSICAL INJURIES 55COLLECTION OF DEBT 48OTHER CAUSES 48VIOLATION OF PRIDE AND DIGNITY 43DOMESTIC CONFLICTS 29PROPERTY DISPUTES 24GENDER-RELATED OFFENSES 2TOTAL 313


As shown in the Figure 6 above, Crimes Against Property take the lead having the most number of cases occurring in the city which posted at 20% or about 64 cases.

Like any other areas, Physical Injuries cases are still dominant in the city. In fact, Physical Injuries cases register second in terms of frequency pegged at 18%. Conflicts arising from Collection of Debt and Other Causes follow at 15%.

Figure 6. Percentage Share of Typology of Cases - Dipolog City (313 Cases)

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II. Findings: Dipolog City


Figure 7 shows that cases classified under Gender-Related Offenses, the lowest occurring disputes in the city-- show a one hundred percent (100%) resolution rate. Domestic Conflicts also register a high resolution rate at 93% considering that out of the 29 documented cases, 21 cases are considered as violation of the Anti-VAWC law or R.A. 9262.

Ranking third is the resolution rate of cases classified as Other Causes at 90%. Among the top three cases classified under Other causes are conflicts arising out of breach of contract, public disturbance (alarms and scandals) and threats.

The top two (2) cases with the most number of occurrences are Crimes Against Property and Physical Injuries which however register lower resolution rates than the other cases with fewer numbers in terms of frequency. Resolution rates of Crimes Against Property and Physical Injuries are 89% and 82%, respectively.

Referral rate in Dipolog City at 16% ranks second in terms of frequency. Most of the cases not amicably settled by the BJAs are referred to proper agencies or authorities. In fact, statistics would show that 90% percent of the cases not amicably settled is referred to the Katarungang Pambarangay while nine percent (9%) thereof goes to the Philippine National Police (PNP).


While the documented cases in the City are fewer compared to other project areas, it does not mean that the peace and order in the community would not in any way be affected.

Figure 7. Resolution Rate Per Case Typology - Dipolog City (313 Cases)

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Of all the cases documented and managed by the BJAs, 35% or approximately 87 cases have been identified as having the propensity to escalate into violence if left unresolved.

Conflicts arising from Physical Injuries register the highest at 67% percent in terms of its propensity to escalate into violence pegged at 67% with a break-down of 57% likely result to violence and ten percent (10%) most likely result or escalate into violence.

Table 4. Top Five Triggers of Violence - Dipolog City (313 Cases)

CASE TYPOLOGY % TOTALPHYSICAL INJURIES 67%GENDER-RELATED OFFENSES 50%OTHER CAUSES 41%DOMESTIC CONFLICTS 35%VIOLATION OF PRIDE AND DIGNITY 29%

Gender-related Offenses which come in second show a notable result among the other cases because these are perceived to have a very high tendency esca-lating into violence if not managed and resolved properly. The figure pegged at 50% propensity would mean that if left unresolved, it would most likely end up in bloodshed.

Figure 8. Percentage Share of Typology of Cases with Perceived Likelihood to Escalate to Violence - Dipolog City (313 Cases)

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II. Findings: Dipolog City

It is worth mentioning also that Domestic Conflicts left unresolved could also stir up violence considering that most of these cases would involve family members. Domestic Conflicts with 35% propensity rate rank third (3rd) among the cases in the city that are perceived to have a high tendency to escalate into violence.

Statistics would likewise reveal that unsettled cases are perceived to have deleterious effects not only to peace and order situation in the community but to the economy of the parties as well if these cases are not immediately managed and settled.

Figure 9 below shows that 33% of the documented cases have a negative economic impact to parties concerned.

Worthy to note are the Gender-related Offenses and disputes relating to property with 50% and 48% percent, respectively, which posted high percentages in terms of possible economic impact. Cases for Collection of Debt, for obvious reason rank third among the cases perceived to have a negative economic effect pegged at 44%.

Figure 9. Percentage Share of Typology of Cases with Perceived Economic Effects - Dipolog City (313 Cases)

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2. SARANGANI PROVINCE

Sarangani is a province of the Philippines located in the SOCCSKSARGEN region in Mindanao. The province is subdivided into seven (7) municipali-ties, to wit: Alabel, Glan, Malapatan, Malungon, Maitum, Kiamba, Maasim. These municipalities are further subdivided into 141 barangays. 102 baran-gays are included in the Barangay Justice for Peace Project () with around 500 Barangay Justice Advocates (BJAs) who were trained, educated and organized to become effective mediators, conciliators and peace builders tasked to settle and manage conflicts and disputes in the province.

Over a period of one year, the BJAs assigned herein have handled and settled 1,665 cases or approximately 16% of the 10,091 cases which were encoded to the database. Table 5 below shows the summary of typology of cases that are prevalent in the area.

Table 5. Summary of Typology of Cases- Sarangani (1,665 Cases)

CASE TYPOLOGY TOTAL NUMBER OF CASESCRIMES AGAINST PROPERTY 397PHYSICAL INJURIES 286COLLECTION OF DEBT 168OTHER CAUSES 186VIOLATION OF PRIDE AND DIGNITY 245DOMESTIC CONFLICTS 206PROPERTY DISPUTES 147GENDER-RELATED OFFENSES 30TOTAL 1,665


The recorded cases range from criminal offenses, which include crimes against property, i.e. damage to property and theft, physical injuries, oral defamation and violations of the Anti-VAWC law. Although, trending would show that a greater majority of the cases constitute violations of the penal laws of the Philippines, there are also documented cases of civil complaints arising from debts and boundary disputes.

After collating all the recorded cases in Sarangani, Figure 10, as shown next, reveals that Crimes Against Property have the highest incidence in the province with the percentage rate of approximately 24% or 397 cases out of all the 1,665 cases that went through the mechanism. Specifically, these disputes

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II. Findings: Sarangani

involve Damage to Property with a 48% which translates to approximately 191 cases out of the 397 recorded cases categorized as Crimes Against Property. Theft is also prevalent in Sarangani covering 39% or 156 cases out of the 397 recorded cases categorized as crimes against property.

Aside from Crimes Against Property, there is a noted occurrence of Physical Injuries cases consisting of 17% or roughly 286 cases. There are also attendant cases of Violation of Pride and Dignity which comprise 15% or 244 cases out of all the 1,665 cases. Lastly, the presence of domestic complaints is also felt in the province with the percentage rate of 12% or 206 cases.


As the aims to settle minor disputes which could possibly be the root of community conflicts that has the propensity for violence, if not managed, BJAs have the difficult task of mediating and resolving conflicts.

Based on Figure 11, in Sarangani, the BJAs prove to be effective tools of conflict or dispute resolution as figures reveal a 90% resolution rate. By approximation, this translates to 1,506 cases out the 1,665 recorded cases in the Province of Sarangani. It bears stressing that these cases were actually handled by the BJAs themselves. Thru their intervention and effort, the opposing parties were able to amicably settle their conflicts.

Figure 10. Percentage Share of Typology of Cases - Sarangani (1,665 Cases)

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Quite commendable is the high resolution rate of Gender-related Offenses with a 97% percentile rate. Resolution of cases involving physical injuries is also high at 94%.

Domestic Conflicts also showed a successful resolution rate of 93%. However, it is quite unsettling that violations of Republic Act No. 9262 otherwise known as Anti-Violence Against Women and their Children Law has a high resolution rate of 92%. Let it be known that the law expressly prohibits those cases falling and covered by this law to be mediated. The spirit and intent of this law is for victims-survivors of VAWC to seek refuge in the courts of law.


As culled from the reported cases handled by the BJAs, out of the 1,665 cases, 40% of the cases could likely escalate into violence.

The importance of the as a tool for conflict resolution cannot be overempha-sized. The intervention of the BJAs is very instrumental in curbing the escala-tion of violence from roots which are seemingly petty and trivial.

As can be gleaned from Figure 12, in Sarangani Province, 61% or 108 cases involving Physical Injuries could likely escalate into violence if it remains unresolved. Based on statistics, offenses which involve the crime of Physical Injuries are the strongest triggers for violence in the province of Sarangani. This is followed by the classification falling under Other Causes, a majority of which involve threats. Other triggers for rido include disputes relating to Violation of Pride and Dignity as well as Domestic Conflicts.

Figure 11. Resolution Rate Per Case Typology Sarangani (1,665 Cases)

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II. Findings: Sarangani

It is quite alarming though that Gender-related Offenses cases which regis-tered the fewest in terms of the number of cases documented, register a 35% propensity that could most likely to result to violence if it remains unsettled.

Table 6. Top Five Triggers of Violence- Sarangani (1,665 Cases)

CASE TYPOLOGY % TOTALPHYSICAL INJURIES 75%OTHER CAUSES 61%VIOLATION OF PRIDE AND DIGNITY 56%DOMESTIC CONFLICTS 56%PROPERTY DISPUTES 55%

Statistics further reveal that in the province of Sarangani, 31% of all the cases that went thru the process of has the tendency to adversely affect the livelihood or economic security of the parties involved in the disputes.

With the findings shown in Figure 13, it is imperative that a peaceable manner of resolving disputes must be exhausted so as not to jeopardize the livelihood of the parties to the cases. Physical Injuries cases have the highest tendency of affecting the well-being of parties who figured in these cases posting a forty percent (40%) probability.

Figure 12. Percentage Share of Typology of Cases with Perceived Likelihood to Escalate to Violence - Sarangani (1,665 Cases)

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3. TAWI-TAWI PROVINCE

Tawi-Tawi, the southernmost province of the Philippines, is another project area where the Barangay Justice Peace Project () was implemented. Tawi-Tawi is subdivided into 11 municipalities, namely: Bongao, Languyan, Mapun, Panglima Sugala, Sapa-sapa, Sibutu, Simunul, Sitangkai, South Ubian, Tandubas and Turtle Islands. The municipalities are further subdivided into 203 barangays.

Seeing that incidence of conflict is determinant in choosing the area where the project will be implemented, in Tawi-Tawi, the areas covered by the consists of six (6) Municipalities. Of the six (6) municipalities, 73 barangays were included, wherein 250 Barangay Justice Advocates were trained and mobilized with the end goal of settling petty disputes that has the tendency to escalate into violence if it remains unmanaged.

The BJAs of Tawi-Tawi were able to collate and manage six percent (6%) or 571 cases or conflicts of the 10,091 recorded cases within a period of one year. The distribution of the typology of cases existing in Tawi-Tawi is essentially spread out and not one typology of offense has an alarmingly high incidence.


Table 7, reflects Other Cases has the highest number of cases which is followed closely by Physical Injuries with 92 cases. It is worth-mentioning that civil cases relating to Collection of Debt have the smallest number of recorded incidents with 33% out of the total 571 cases. Empirical data also show small

Figure 13. Percentage Share of Typology of Cases with Perceived Economic Effects - Sarangani (1,665 Cases)

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II. Findings: Tawi-Tawi

incidence of cases of Crimes Against Property as well as Domestic Conflicts with 61 and 66 documented cases respectively.

Table 7. Summary of Typology of Cases - Tawi-Tawi (571 Cases)


It bears stressing that in Tawi-Tawi, insofar as the areas covered by the BJAs are concerned, the typology which has the highest frequency of cases falls under Other Cases and Physical Injuries which constitute 16% of all total number of recorded cases or conflicts. Offenses involving Property Disputes and Gender-related Offenses follow, which represent 14% of all the cases handled by the BJAs.

Offenses which fall under the classification Other Causes report about 16% or 94 cases out of all the cases handled by the BJAs. Under the same classification, 30% translating to 28 are political rivalry cases. In addition, statistical data shows that the crime of physical injuries is rampant in Tawi-Tawi. It comprises approximately 16% or ninety-two (92) of all the BJAs-handled cases.

Property Disputes, which is civil in nature, rank second as they account for 14% or 82 cases out of the 571 the cases handled by the BJAs. With respect to Property Disputes, 47% or 39 cases thereof, involve issues of ownership. Furthermore, 14% or 81 of the all cases handled by the BJAs are gender- related offenses. It is worth mentioning that, upon careful study of the data presented, an overwhelming 88% of these Gender-related Offenses involve elope-ment. This is 70 out of 80 cases categorized as Gender-related Offenses. A high incidence of elopement in Tawi-Tawi is indeed reflective of its culture where arranged marriages among Muslims are still the norm.


Within the one year period when the was implemented, 97% which Find

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consists of 554 out of the 571 documented cases are resolved by the BJAs. Within that same period, the resolution rate of 64% or 335 of the cases reached a settlement which was facilitated by the BJAs themselves.

Specifically, disputes involving violation of pride and dignity have the highest resolution rate of 82%. The BJAs recorded 57 oral defamation cases out of the 62 cases involving Violation of Pride and Dignity. Of equal rank is the settlement of civil cases involving debt which also has a resolution rate of 82%. Finally, Crimes Against Property also recorded an 82% resolution rate. A big bulk of this crime covers theft which the BJAs were able to settle amicably, expeditiously and out of court.

For ready reference is the Resolution Rate for cases managed by the BJAs as Figure 15 shown next.

Be it noted that the terms of the settlement, depending on the offense and on a case to case basis, may be if the form of restitution, payment of damages, apology and the like. The high resolution rate just proves that BJAs are slowly having a stronghold in the community as a tool for settling disputes.

However, there are still instances, when the efforts of the BJAs to settle the disputes or conflicts did not prosper. This covers about 35% which includes 199 cases out of the 554 cases actually handled by the BJAs. These disputes or cases, though not settled by the BJAs, were later on referred to the appropriate authorities/agencies for proper resolution. It is safe to conclude that, the BJAs in handling the disputes and appropriately referring the same to the authori-ties/agencies were instrumental in bridging the gap between the communities, the formal justice system and other alternative systems of dispute resolution.

Figure 14. Percentage Share of Typology of Cases -Tawi-Tawi (571 Cases)

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II. Findings: Tawi-Tawi


As previously mentioned, the classification of offenses documented in Tawi-Tawi is vast. While on the surface, the cases documented by the BJAs may seem petty and trivial, these seemingly petty and trivial disputes, if remain unsettled, have the likelihood to escalate into violence.

Of the 571 recorded cases and classified by the BJAs, 54% of these have the likelihood to escalate into violence. 68 cases of which constitute the felony of physical injuries, 52 involving the civil case of collection of debt and 52 separate cases of the typology falling under other causes. Finally, 39 cases involve Violation of Pride and Dignity.

Also, six percent (6%) of all the cases or 31 separate cases would mostly likely heighten into violence if it remains unresolved. These offenses include: Physical Injuries, Domestic Conflicts and Other Causes with nine (9), seven (7) and seven (7) cases, respectively.

The data further demonstrates that majority of the cases handled and mediated by the BJAs in Tawi-Tawi were identified as triggers of Rido or clan conflict. The topmost trigger for Rido/violence in Tawi-Tawi involves Physical Injuries. This is followed by the Other Causes, majority of which involve political rivalries. Finally, Domestic Conflicts still remain a trigger for rido or violence.

Indeed, the timely management or mediation of conflicts or disputes of the opposing parties curbed the predisposition to violence which could imperil the community as a whole.

Figure 15. Resolution Rate Per Case Typology - Tawi-Tawi (571 Cases)

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Figure 16. Percentage Share of Typology of Cases with Perceived Likelihood to Escalate to Violence - Tawi-Tawi (571 Cases)

Table 8. Top Five Triggers of Violence- Tawi-Tawi (571 Cases)

CASE TYPOLOGY % TOTALPHYSICAL INJURIES 89%OTHER CAUSES 73%VIOLATION OF PRIDE AND DIGNITY 67%CRIMES AGAINST PROPERTY 58%DOMESTIC CONFLICTS 49%

As exemplified in Figure 17, in the province of Tawi-Tawi, it would show that only 25% or approximately 143 cases out of the 571 has the probability of adversely affecting the economic well-being of the parties involved in conflicts or disputes. While this may seem insignificant compared to the 428 cases or the other 75% of the recorded cases not directly affecting the livelihood of the parties involved, it cannot be denied that in the grand scheme of things, conflicts and disputes adversely affect the economic viability of the community at large. Also, Collection of Debt ranks second in the percentage share of cases which has the possibility of effecting the economic aspect of the lives of the opposing parties.

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II. Findings: Tawi-Tawi - Zamboanga Sibugay

It is worth-mentioning that data would show that political rivalry is not that common in the areas covered by the , as it only constitutes five percent (5%) or 28 out of all the 571 cases recorded. However, in terms of how it affects the economic security of the parties involved in the disputes, statistics would show that it has the highest number cases, specifically, 11 out of all the other offenses. This result could only signify that political climate has an effect on the liveli-hood of the parties involved.

Also, Gender-related Offenses recorded seven percent (7%) of the 571 of the cases which have an impact on the financial situation of the parties involved. Considering that a significant number of gender-related offenses involve Elope-ment, this financial quandary may involve the custom or practice of Muslims of giving dowry.

With these offenses adversely affecting the economic well-being of the complaining parties, it is safe to assume that if not immediately and properly addressed, it has the predilection for violence.

4. ZAMBOANGA SIBUGAY

Zamboanga Sibugay, located in the Zamboanga Peninsula region in the island of Mindanao, is another identified project area where the Barangay Justice Peace Project () has been implemented. Zamboanga Sibugay province, which has an approximate total land area of three thousand two hundred twenty eight square kilometers (3228.3 km²), is geographically located at 1230 04’ 49.75” longitude and at 70 42’ 14.89” latitude. To the north it intersects the common municipal boundaries of Kalawit, Tampilisan, and

Figure 17. Percentage Share of Typology of Cases with Perceived Economic Effects - Tawi-Tawi (571 Cases)

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The province of Zamboanga Sibugay, has been divided into 16 municipalities covering two congressional districts, namely: (1) Alicia, (2) Buug, (3) Dipla-han, (4) Imelda, (5) Ipil, (6) Kabasalan, (7) Mabuhay, (8) Malangas, (9) Naga (10) Olutanga, (11) Payao, (12) Roseller T. Lim, (13) Siay, (14) Talusan, (15) Titay, and (16) Tungawan. These municipalities are further subdivided into 389 barangays, the basic political unit of the province.

From the 16 municipalities, the project identified 11 municipalities covering 110 barangays, wherein 250 Barangay Justice Advocates (BJAs) were provided skills training in handling disputes believed to be precursors to violence, if not managed properly.

Within a year period covering August of 2010 up to August of 2011, the BJAs were able to receive and collate 2,123 cases or conflicts for the areas covered by the Barangay Justice for Peace Project () in Zamboanga Sibugay. This consti-tutes about 21% of the 10,091 cases handled by the BJAs culled from the identi-fied areas in Mindanao within the given period.

Table 9. Summary of Typology of Cases - Zamboanga Sibugay (2,123 Cases)

CASE TYPOLOGY TOTAL NUMBER OF CASES

CRIMES AGAINST PROPERTY 380PHYSICAL INJURIES 336COLLECTION OF DEBT 233OTHER CAUSES 202VIOLATION OF PRIDE AND DIGNITY 325DOMESTIC CONFLICTS 454PROPERTY DISPUTES 129GENDER-RELATED OFFENSES 64TOTAL 2123


As above-shown in Table 9, the typology of cases collated has also varied – widespread cases involving domestic conflicts and crimes against property which comprise 21% percent and 18%, respectively out of the total 2,123 cases. Fi

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gsGodad in Zamboanga del Norte. In the west, it is bounded by the municipalities of Siraway, Siocon, and Balinguian, and the province of Zamboanga del Norte. On the south it is bounded by Sibuguey Bay. In the east, the municipalities of Bayog and Kumalarang both in the province of Zamboanga del Sur bound it. It is further bounded on the southwest by Zamboanga City.


II. Findings: Zamboanga Sibugay

The collected data also shows a significant number of cases falling under the classification of Physical Injuries and Violations of Pride and Dignity with 16% and 15% respectively. Other reported cases involve disputes arising from debt, other property disputes and gender related offenses while other cases have been lumped into the category of Other causes.

As illustrated in Figure 18 hereof, in Zamboanga Sibugay, domestic conflicts rank highest in terms of frequency, with around 454 reported cases, 21% of the total number of cases handled by the BJAs.

Crimes Against Property are also prevalent. Out of the 2,123 documented cases, 380 are classified under crimes against property, comprising 18% of the total number and ranking second in terms of frequency of occurrence in the project area.

Ranking third are those cases classified as physical injuries comprising 16% percent of the total number or about 336 cases. Following closely behind are those cases falling under the category of Violation of Pride and Digni-ty amounting to 325 out of the total number or about 15% percent. Cases arising out of debts constitute 11% of the total number or around 233 cases while other property disputes constitute six percent (6% ) of the total or around 129 cases all in all.

Gender-related Offenses, similar to that reported in South Cotabato, comprise the least amount in terms of frequency of reporting as they only constitute three (3%) percent of the total or around 64 cases. With respect to those other types of documented cases falling under the classification Other Causes they make up nine (9%) percent of the total or around 202 cases out of the entire 2,123 recorded cases.

Figure 18. Percentage Share of Typology of Cases Zamboanga Sibugay (2,123 Cases)

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A perusal of the cases falling under the category of Domestic Conflicts reveal that a majority of these involve VAWC incidents, constituting 57% percent of the 454 documented cases, or around 259 VAWC cases all in all. Other cases making up the remaining 42% percent deal with non-VAWC incidents and such other disputes which cannot be classified due to lack of factual data and/or language barriers. Only less than one percent (1%) comprises child abuse cases.

As previously mentioned, ranking second are those cases classified under Crimes Against Property which total 380 or about 18% of the total documented cases. A perusal of the nature of the offenses falling under this category reveals that about 45% of the 380 cases or around 170 of them deal with damage to property while another 45% or about 169 cases involve theft. Other documented cases falling under this category involve estafa comprising four percent (4%) of the 380 cases or about 15 cases, while robbery cases take up around three percent (3%) of the 380 cases, around ten (10) cases or so). Cattle rustling cases make up about two percent (2%) or around six (6) cases while less than one percent (1%) deal with carnapping incidents.

Physical Injury cases rank third in terms of frequency and comprise 16% or about 336 of the total 2,123 cases. These cases range from slight to grave physical injuries caused by slapping, punching and the like that do not cause death to the injured party.

Coming in at fourth are those cases categorized under Violation of Pride and Dignity. Out of the 2,123 cases, they comprise 15% or around 325 cases. A perusal of the data shows that these 325 cases revolve primarily on oral defama-tion cases amounting to around 141 or around 43% percent thereof. Around 51 recorded cases deal with loss of family honor amounting to around 15% of the 325 cases while documented cases of slander comprised eight (8%) percent or around 27 all in all. The remaining cases deal with jesting while around two (2) cases - less than one percent (1%) - could not be classified on account of lacking factual data.

Also significant are debt cases which comprise 11% or around 233 of the total 2,123 documented cases for the Zamboanga Sibugay area.

Other property dispute cases take the next place, garnering six (6%) percent of the total number, or around 129 cases all in all. These range from boundary issues which make up about 47% percent of the 129 cases, ownership issues which take up around 35% percent, possession cases comprising around six percent (6%), land grabbing constituting around three percent (3%) thereof, and inheritance taking up less than one percent (1%) of the 129 documented cases. A considerable number of cases cannot be classified on account of lack of factual data and/or language barriers, making up the remaining nine percent (9%). Fi

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Gender–related Offenses rank the lowest in terms of frequency of reporting the same, comprising only three percent (3%) or about 64 out of the all the 2,123 cases. These cases have been identified as primarily involving incidents of acts of lasciviousness (about 43%), similar conflicts (about 17%), elopement (about 48%), abduction (about 7%), seduction (around 5%), rape (around 2%) There are also other incidents comprising around five percent (5%) which could not be classified.

It appears from the culled data that cases of elopement characterize most Gender-related Offenses. This only reflects that ethno-cultural demographic of the province where the tradition of arranged marriages is a standard practice in the community.

Zamboanga Sibugay, akin to the province of South Cotabato, notably has a very significant number -- a total of 202 or ten percent (10%) out of the 2,123 cases classified under Other Causes. The cases range from threats comprising 45% percent of the 202 documented cases, to breaches of contract constituting 13% percent, public disturbance/alarms and scandals comprising around nine percent (9%), murder which accounts for three percent (3%), falsifica-tion of documents around two percent (2%), and cases involving homicide, unfair competition, gambling, malversation of funds, child abuse, counterfeit of money taking up less than 1% of the 202 cases. Around ten (10%) of the 202 cases however cannot be classified due to limited case facts or on account of language barriers.


Figure 19 also illustrates the resolution rate of all the typology of cases and in terms of resolution of cases, the province of Zamboanga Sibugay registers about 96% or around 2,038 out of the 2,123 cases documented by the BJAs have been resolved. Cases classified under Domestic Conflict, Physical Injuries and Violation of Pride and Dignity – which incidentally, belong to the top four highest ranking in terms of frequently documented cases -- show a 98% resolution rate.

This is followed closely by the settlement of cases falling under crimes against property with a resolution rate of ninety-six percent (96%). Debt cases also have a high resolution rate of 94% percent, while other property disputes have a 91% percent resolution. Gender-related Offenses, being the least reported types of cases have an 89% percent resolution rate. Cases classified under Other Causes also have a significantly high resolution rate of 95% per cent.

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Figure 19. Resolution Rate Per Case Typology Zamboanga Sibugay (2,123 Cases)

This resolution usually translates into a settlement or an agreement between the parties. The terms of the settlement, depending on the offense and the relationship of the parties in dispute, would either be in the form of finan-cial compensation, non-monetary specific performance, apology, cessation of activities and the like. The relatively high resolution rate lends credence to the belief that BJAs can be an effective and speedy tool for settling disputes.

In those instances when the BJAs cannot facilitate a settlement between the parties to a case, the same is referred to the appropriate body/agency for resolution. Within the parameters of the Zamboanga Sibugay BJA-assisted cases, this covers about 32% of the cases actually handled by the BJAs. In comparison to the high resolution rate, this percentage of referred cases is minimal as would enable one to reach a conclusion that the BJAs can be useful in handling community-level disputes. In those areas where referral has been made, it also gave the BJAs an avenue to bridge gaps between the community and the government instrumentalities mandated to assist in alternative forms of dispute resolution.


With Figure 20 shown as a reference, of the 2,123 recorded and classified cases by the BJAs for the province of Zamboanga Sibugay, 14% thereof or about 297 have been identified as having the propensity to escalate into violence. The degrees to which these cases can escalate into violent cases however would vary. Fi

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Out of the total number of documented cases, 11% or about 234 cases thereof have the likelihood to escalate into violence. While about three (3%) percent or about 64 cases would most likely heighten into violence if these remained unresolved. From the data gathered, the strongest contenders are those cases classified under Other Causes with a 14% likelihood and cases classified under Gender-related Offenses with a six (6%) percent likelihood.

With respect to cases documented and classified under the category of Physi-cal Injuries, 32% or about 108 cases thereof, have a likelihood to escalate into violence while 18% percent of cases classified under other causes amounting to about 36 cases more or less, if left unresolved, would also have a likelihood to escalate into violence.

A perusal of the five classifications in the earlier study on rido by the Asia Foundation reveal that the dominant triggers for rido/violence in the earlier study deal with property disputes and political rivalry, with Violation of Pride and Dignity and Gender-related Offenses trailing behind.

Table 10. Top 5 Triggers of Violence - Zamboanga Sibugay (2,123 Cases)

CASE TYPOLOGY % TOTALPHYSICAL INJURIES 37%OTHER CAUSES 32%GENDER-RELATED OFFENSES 12%DOMESTIC CONFLICTS 10%PROPERTY DISPUTES 6%

Figure 20. Percentage Share of Typology of Cases with Perceived Likelihood to Escalate to Violence - Zamboanga Sibugay (2,123 Cases)

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From the data culled from Zamboanga Sibugay, the predominant trigger for rido/violence appears to be that of disputes relating to physical injuries and other causes. Domestic Conflicts and Gender-related Offenses follow not far behind. In terms of frequency of cases reported and the level by which these have been resolved at the BJA level, one can safely conclude that the first two classifications have been identified as highly possible triggers for violence only insofar as they are frequent occurrences in the area. If left unresolved, these would inevitably escalate into violence.

However, with the equally high resolution rate of these cases, it stands to reason that the framework set in place by the BJPP effectively curbs the possibility of these cases escalating into violent conflicts.

In terms of economic impact of the cases managed, 12% or approximately 255 cases out of the 2,123 have the probability of adversely affecting the economic well-being of the parties involved in conflicts or disputes.

The foregoing Figure 21 shows that cases classified under debt have a 24% effect on the economic well-being of the parties involved. Crimes Against Property have a 16% percent probability of adversely impacting on the economic well-being of the parties involved in such disputes. Physical Injuries and Other Causes have a 13% impact. However, other classifications do not trail far behind, with other property dispute cases showing 12% and Gender-related Offenses showing an 11% probability, respectively. Having the least impact are those cases falling under Violation of Dignity and Pride showing only 8% and that of Domestic Conflicts with only 2%.

Figure 21. Percentage Share of Typology of Cases with Perceived Economic Effects - Zamboanga Sibugay (2,123 Cases)

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II. Findings: South Cotabato

5. SOUTH COTABATO

South Cotabato, located in the southern part of the island of Mindanao, is another project area where the Barangay Justice Peace Project (BJPP) has been implemented. The province of South Cotabato, which has a total land area of 3,706 square kilometers is bounded by the province of Sultan Kudarat in the north and west and in the east and south by the city of General Santos and province of Sarangani. South Cotabato, has been divided into 11 munici-palities covering two (2) territorial districts, namely: (1) Koronadal City, its provincial capital, (2) Tampakan, (3) Tupi, (4) Polomolok, (5) Banga, (6) Surallah, (7) Sto.Nino, (8) T’boli, (9)Lake Sebu, (10)Tantangan, and (11) Norala.i These municipalities are further subdivided into 199 barangays, the basic political unit of the province.

Per August 2007 census of the National Statistics Office, South Cotabato has a population of about 767,255 people.ii From a report issued by the UNDP-MDG Rate of Progress for the years 2003-2005, 14% of families register below the subsistence threshold while about 32% percent of families are below poverty threshold.

From the 11 municipalities, 110 barangays were covered, wherein 250 Ba-rangay Justice Advocates were provided skills training in handling disputes believed to be precursors to violence, if not managed properly.

Within a one year period covering August of 2010 up to August of 2011, the BJAs were able to receive and collate 1,605 cases or conflicts for the areas covered by the Barangay Justice for Peace Project in South Cotabato. This constitutes about 16% of the 10,091 cases handled by the BJAs culled from the identified areas in Mindanao within the given period.

Table 11. Summary of Typology of Cases - South Cotabato (1,605 Cases)

CASE TYPOLOGY TOTAL NUMBER OF CASESCRIMES AGAINST PROPERTY 289PHYSICAL INJURIES 240COLLECTION OF DEBT 296OTHER CAUSES 213VIOLATION OF PRIDE AND DIGNITY 183DOMESTIC CONFLICTS 205PROPERTY DISPUTES 162GENDER-RELATED OFFENSES 17TOTAL 1605 Fi

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The typology of cases collated appears to be varied – widespread cases are those involving debts, crimes against property and physical injuries which comprise 18% and 15%, respectively of the total 1,605 cases. That these cases rank highest in the classification appears to validate the economic background of South Cotabato where about 32% of families register below poverty threshold. There are also reported cases of Domestic Conflicts, Violations of Pride and Dignity, Other Property Disputes and Gender-related Offenses.

In South Cotabato, disputes relating to debt, rank highest in terms of frequency, with 296 reported cases, comprising 18% of the total number of cases handled by the BJAs. Disputes arising out of or relating to property also appear to be prevalent. Out of the 1,605 documented cases, 289 are classified under Crimes Against Property, also comprising 18% of the total number and ranks equally high as those cases of disputes relating to debt.

Figure 22. Percentage Share of Typology of Cases - South Cotabato (1,605 Cases)

As regards cases sub-classified under Crimes Against Property, it is significant to point out that a majority of these reported disputes involve damage to one’s property, roughly comprising 63% of the total 289 cases. The rest concern theft (comprising about 30%), trespassing and estafa about three percent (3%), cattle rustling, usurpation and robbery cases each occupying less than one percent (1%).

Coming in at a close second are those cases classified under Physical Injuries which total 240 or about 15% of the documented cases. Cases pertaining to Domestic Conflicts also rank high, comprising 13% or about 205 out of the 1,605 documented cases. A perusal of these reported Domestic Conflicts reveal that around 70% of them are VAWC-related while the rest are non-VAWC incidents and child abuse cases. Others could not be classified due to Fi

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lack of sufficient data.

Violations of Pride and Dignity and Other Property Disputes rank 4th and 5th in terms of frequently reported incidents, as they comprise 11% or 183 cases and 10% which translates 62 cases of the total number of documented cases, respectively. A significant number of cases classified under Violation of Pride and Dignity pertain to oral defamation cases, roughly making up 78% of the 183 cases. With respect to property disputes, boundary issues remain prevalent as they comprise about 44% of the total 162 cases. Other cases deal with own-ership issues which comprise about 25%, land grabbing about eight percent (8%), inheritance about six percent (6%) while about 13% of the cases under this category could not be classified, owing largely to language barriers and/or lack of sufficient factual data.

Gender–related Offenses rank the lowest in terms of frequency of reporting the same, comprising one percent (1%) or about 17 out of the 1,605. These cases have been identified as primarily involving incidents of acts of lasciviousness with a percentile rank of 47%, rape 35% while other documented incidents deal with seduction and sexual harassment individually about six percent (6%). There are also other incidents comprising around six percent (6%) which could not be classified.

South Cotabato, much like the province of Zamboanga Sibugay, notably has a very significant number -- a total of 213 or 13% out of the 1,605 cases classified under Other Causes. The cases range from public disturbance/alarms and scandals to threats roughly comprising about 60% of the 213 documented cases, to crimes against persons such as murder or homicide, falsification of documents and breach of contract and such other causes that could not be classified due to limited case facts or on account of language barriers.


In terms of resolving cases, about 93% or around 1,493 out of the 1,605 cases documented by the BJAs have been resolved. Within the project period, a reso-lution rate of 99% or approximately 1,347 cases reached a settlement facilitated by the BJAs. This resolution usually translates into a settlement or an agreement between the parties. The terms of the settlement, depending on the offense and the relationship of the parties in dispute, would either be in the form of finan-cial compensation, non-monetary specific performance, apology, cessation of activities and the like. The relatively high resolution rate lends credence to the belief that BJAs can be an effective and speedy tool for settling disputes.

Cases classified as Violation of Pride and Dignity post the highest resolu-tion rate at 98%, followed closely by Crimes Against Property and Domestic Fi

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Conflicts at 96% and 94% percent. The foregoing statistics is simplified in Figure 23 hereof.

Figure 23. Resolution Rate Per Case Typology - South Cotabato (1,605 Cases)

In those instances when the BJAs cannot facilitate a settlement between the parties to a case, the same is referred to the appropriate body/agency for resolution. Within the parameters of the South Cotabato BJA-assisted cases, this only covers about three per cent (3%) of the cases actually handled by the BJAs. The small margin of referred cases enables one to reach a conclusion that the BJAs have been effective in handling the disputes. In those areas where referral has been made, it also gave the BJAs an avenue to bridge gaps between the community and the government instrumentalities mandated to assist in alternative forms of dispute resolution.

Of the 1,605 recorded and classified by the BJAs for the province of South Cotabato, 46% thereof or about 738 have been identified as having the propen-sity to escalate into violence. The degrees by which these cases can escalate into violent cases however, varies.


Out of the 1,605 documented cases, 38% or about 610 cases thereof have the likelihood to escalate into violence. While about eight (8%) percent of the 1,605 cases or about 28 cases would most likely would heighten into violence if these remained unresolved. From the data gathered, the strongest contenders appear to be those cases classified under Gender-related Offenses with a 26% Fi

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likelihood and cases classified under other causes with a 12% percent likeli-hood of escalating into a violent act/s.

Figure 24. Percentage Share of Typology of Cases with Perceived Likelihood to Escalate to Violence - South Cotabato (1,605 Cases)

With respect to cases documented and classified under the category of physical injuries, 58% or about one hundred thirty nine 139 thereof, have a likelihood to escalate into violence while 49% percent of cases classified under violation of pride and dignity amounting to about 90 cases more or less, if left unresolved, would also have a likelihood to escalate into violence.

It must be stated at the outset that the five (5) typology of cases based on the earlier study of rido did not include the province of South Cotabato, hence, no significant and verifiable correlation can be made between the former study and the present one as there is no basis for the same. However, a glance at the five classifications reveal that the dominant triggers for rido/violence in the earlier study deal with Property Disputes and Political Rivalry, with Violation of Pride and Dignity and Gender-related Offenses trailing behind.

From the data culled from South Cotabato, the predominant trigger for rido/violence appears to be that of disputes relating to debts and Violation of Pride and Dignity. Domestic Conflicts and Gender-related Offenses follow not far behind. In terms of frequency of cases reported and the level by which these have been resolved at the BJA level, one can only conclude that the first two classifications have been identified as highly possible triggers for violence only insofar as they are frequent occurrences in the area. If left unresolved, these would inevitably escalate into violence. Fi

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Table 12. Top Five Triggers of Violence - South Cotabato (1,605 Cases)

CASE TYPOLOGY % TOTALPHYSICAL INJURIES 69%OTHER CAUSES 58%VIOLATION OF PRIDE AND DIGNITY 56%GENDER-RELATED OFFENSES 52%DOMESTIC CONFLICTS 49%

However, with the high resolution rate of these cases, it stands to reason that the framework set in place by the effectively curbs the possibility of these cases escalating into violent conflicts.

Noteworthy to mention however, are those small but significant number of Gender-related Offenses and Domestic Conflicts characterized as VAWC in character (comprising about 70% of the 205 documented cases) and whether these conflicts are appropriate subjects for resolution by the BJAs inasmuch as the terms of settlement currently being practiced such as financial compensa-tion and the like may not be effective tools to hinder the escalation of violence between the disputing parties.

For South Cotabato, 67% or approximately 1,075 cases out of the 1,605 have the probability of adversely affecting the economic well-being of the parties involved in conflicts or disputes.

Figure 25. Percentage Share of Typology of Cases with Perceived Economic Effects South Cotabato (1,605 Cases)

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II. Findings: South Cotabato - Pagadian City

The data presented shows that cases classified as Violations of Pride and Dignity have a 77% probability of affecting the economic well-being of the parties involved. Gender-related Offenses have a 76% probability of adversely impacting on the economic well-being of the parties involved in such disputes. However, other classifications do not trail far behind, with debt cases showing 70% and Domestic Conflicts showing a 69% probability, respectively.

A glance at these figures point to the conclusion that gender-differences, especially in the context of domestic/family disputes, have reached a level of awareness in the project area that may be a significant factor affecting the economic aspect as well as the aspect of likelihood of violence in the study.

Notwithstanding that Gender-related Offenses are not frequently reported in South Cotabato, as it only comprises 17 out of the 1,605 cases based on collated data – this small number proves to be quite significant inasmuch as it can very well result to violence if not properly addressed. That a majority of Domes-tic Conflicts (or about 70% thereof) are also documented VAWC-related cases only lends credence to the conclusion that gender-differences have an impact on the economic effects of these documented cases and has a direct relation to the likelihood of violence, if the case is left unresolved.

6. PAGADIAN CITY

Pagadian, the capital city of Zamboanga del Sur , is the center of political power in the Zamboanga peninsula as it houses the regional governatorial seat of the said province.

Bounded by the municipalities of Tigbao and Dumalinao on the southwest, Lakewood on the west, Labangan on the east and northwest, and Midsalip on the north, Pagadian has 54 barangays , out of which, 13 or only 24% are considered urban barangays.

Although a city, Pagadian is predominantly rural as steeply hills and moun-tains and moderate slopes and only 845.8 hectares of the total 33, 380 hectares or less characterize 97% of its land than 3% have been “developed”. As such, agriculture and mining are the principal economic activities of said city.

For this project, 20 of the 54 barangays or 37% were chosen and 301 cases were handled and documented by the Barangay Justice Advocates (BJAs) within the period of August 2010 until August 2011.

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Table 13. Summary of Typology of Cases - Pagadian City (301 Cases)



The summary of cases shows that except for Domestic Conflicts, which posted a high of 30% and gender-related crimes, the lowest at 5%, the cases handled by the BJAs are diverse.

This is even pronounced in the incidents or cases classified under Other Causes, which accounts for 17% of the 301 BJA cases as more than ten (10) sub-catego-ries have been named based on the cases indorsed to the BJAs for disposition.

Conflicts arising out of or involving marital relations or Domestic Conflicts are prevalent in Pagadian as shown by the number of cases addressed by the BJAs within the period covered. This comprises 30% or 91 of the 301 cases, 76% of which relate to marital conflicts that are neither violent nor falling under any of the acts defined under the Republic Act 9262 or the Anti-Violence against women and children.

As shown in Figure 26, Other Causes ranks second at 17%, comprising mainly of sporadic fights and disagreements (40%) between and among community members.

On the other hand, Theft or the taking away of properties by stealth, violence or by any unacceptable means and cases falling under violation of pride and dignity have identical occurrence rates of 13%.

A quick glance at the statistics shows that the cases managed by the BJAs are almost equally spread out vis-a-vis the typologies defined and identified by the project except for those reported as gender-related cases, which consists of only 5 of the 301 cases or a measly 2%.Fi

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II. Findings: Pagadian City

Figure 26. Percentage Share of Typology of Cases - Pagadian City (301 Cases)

Interestingly, when taken collectively, incidents relating to or involving property, whether real and personal top the list totaling 31% or 94 out of the 301 cases managed. (Crimes Against Property at 13%, Debt at 15% and Property Disputes comprising 3%).

These data most probably mirror the economic conditions of the City as most of the barangays remain undeveloped or underdeveloped so much so that stealing and other innovative but unacceptable means of survival are resorted to in order to survive.


Almost all of the cases handled by the BJAs were handled successfully as resolution rate was pegged at 97%. A case is considered resolved when issues between parties have been successfully disposed of through counseling, mediation or arbitration or when their concerns have been appropriately indorsed (for adjudication, conciliation or mediation).

Figure 27 reflects that reported cases of acts committed by parties purportedly to shame or cause dishonor to families and oral defamation were successfully handled by the BJAs with a perfect resolution rate. So are the cases falling un-der Property Disputes and Gender-related Offenses which each showed 100% resolution rate. Fi

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Figure 27. Resolution Rate Per Case Typology - Pagadian City (301 Cases)

Data also show that while the most prevalent, cases relating to properties are among the cases that are easily solved as parties opt for restitution, reimburse-ment or return of the properties taken or destroyed.

This does not hold true in cases where parties are injured or physically hurt as manifested in the resolution rate of 86% respecting cases of physical injuries, the lowest in all the case typologies by far.

The 100% resolution rate with regards cases classified under Gender-related Offenses can be attributed to the nature of the issues involved in them. 80% of these cases do not actually amount to crimes customarily defined under existing penal laws and the remaining 20% represents incidents of elopement.

Just the same, the high turnout of cases resolved at the BJA level shows the level of confidence the parties have placed on the skills and credibility of the BJAs to handle and resolve cases. This is further confirmed by the almost insignificant referral rate of less than 1% respecting all cases.


The intervention of the BJAs has significantly contributed to the (maintenance of) peace in the community considering that almost ¼ of these cases or are potentially catastrophic. Exactly 28% of the cases have been touted as effec-tive triggers of violence while 22% of these had considerable effects on the economic activities and survival of the people in the communities, especially of the parties directly involved.

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II. Findings: Pagadian City

Figure 28. Percentage Share of Typology of Cases with Perceived Likelihood to Escalate to Violence - Pagadian City (301 Cases)

Property, specifically questions on boundary and ownership, continued to be the most potent trigger of clan conflict or rido. Table 14 below shows that 60% of the Property Disputes would have escalated into full blown familial or clan wars if left unattended.

Victims of physical injuries are likely to instigate violence as it ranks second at forty-four percent (44%) followed closely by Domestic Conflicts with forty-two percent (42%) propensity to escalate into violence. On the other hand, Gender-based Offenses and Crimes Against Property never showed even a tendency to inspire violence between families.

Of the 301 cases managed by the BJAs, disputes relating to land ownership and questions on boundary have the most tendency to inspire rido or clan wars registering 60%. This is followed by Physical Injuries and Domestic Conflicts at 44% and 42%, respectively. These 3 case typologies easily translate to 45% of the total number of cases managed by the BJAs.

Table 14. Top Five Triggers of Violence - Pagadian City (301 Cases)

CASE TYPOLOGY % TOTALPROPERTY DISPUTES 60%PHYSICAL INJURIES 44%DOMESTIC CONFLICTS 42%VIOLATION OF PRIDE AND DIGNITY 20%OTHER CAUSES 9%

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Similarly, Property Disputes and property-related crimes posted the highest percentage in terms of the probability to affect the economic conditions not only of the parties but the community, as well, at 35% and 50%, respectively. This is expected considering that an unresolved land or property dispute could translate into the eviction and displacement of families in the communities.

Violation of Pride and Dignity followed at 32% while parties involved in Domestic Conflicts and Gender-related Offenses claimed that the cases did not disrupt their economic activities and well-being.

Figure 29. Percentage Share of Typology of Cases with Perceived Economic Effects - Pagadian City (301 Cases)

7. MAGUINDANAO

Maguindanao is the most populous province in the Autonomous Region of Muslim Mindanao. It borders Lanao del Sur to the north, Cotabato to the east, and Sultan Kudarat to the south. Maguindanao is composed of 26 municipali-ties, which are further divided into 492 barangays.

Owing to its population and history of rido and clan conflict, Maguindanao was chosen as one of the areas of implementation of the Barangay Justice Peace Project. For the whole duration of one year, 19 municipalities and 121 barangays were chosen and a total of 1,730 cases were managed by the BJAs.

Even with the much-celebrated political strife between the Mangundadatus and the Ampatuans that peaked into one of the bloodiest and most acrimo-nious political massacres resulting in the deaths of civilians in November 2010, property-related conflicts and disputes continue to dominate cases in Maguindanao. Fi

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II. Findings: Maguindanao

Table 15. Summary of Typology of Cases - Maguindanao (1,730 Cases)



Based on Table 15 above, Gender-related Offenses registered the least number of reported cases.

Notable however is the variance in cases handled by the BJAs as reflected in the cases falling under Other Causes, comprising twenty one percent (21%) of all the 1,730 cases.

As illustrated in Figure 30, incidents of theft and damage to property run high as they constitute 22% of the cases managed by the BJAs. It is observed however that disputes involving property, both real and personal, substantially account for the most number of cases numbering 632 or 36% of the 1730 cases. (Crimes Against Property 22%, Debt 6%, and Property Disputes 8%).

Figure 30. Percentage Share of Typology of Cases- Maguindanao (1,730 Cases)Fi

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This is followed by cases classified as Other Causes at 21% where contractual breach, public disturbance and threats were the more common issues. About 136 of those cases however fall under the sub-category cannot be classified either for insufficiency of the data supplied in the forms or the same do not fall under any of the instances recorded by the BJAs under this category.

While initially a class of its own, political rivalry has been placed under the category Other Causes because of its low frequency rate of representing only 1% of all the cases collected and managed.

Marital Conflicts and Domestic Conflicts play 3rd at 16% closely followed by incidence of Physical Injuries at 14%. Gender-related Offenses and cases of Violation of Pride and Dignity and Debt are at the bottom 3 at 7% and 6% respectively.


A total of 1,591 cases or 92% were resolved by the BJAs. Out of the resolved cases, 13% of which or 206 cases were referred to the proper judicial or admin-istrative forum.

As shown in Figure 31, less than 10% of the cases were terminated either because parties failed to appear on the counseling/mediation dates or because they refused to recognize the viability of a BJA-assisted case disposition.

Figure 31. Resolution Rate Per Case Typology- Maguindanao (1,730 Cases)

Cases falling under Physical Injuries have the highest resolution rate at 95% closely followed by those classified under Crimes Against Property at 94%.Fi

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II. Findings: Maguindanao

It can be observed that the typologies with the most number of cases (Crime Against Property, Other Causes, Domestic Conflicts and Physical Injuries) also registered better and higher resolution rates.

Property Disputes and Gender-related Offenses have relatively low resolution rates of 84% and 82%, respectively.


Out of the 1,730 cases collated, 743 or about 43% would have disturbed the peace in the communities were it not for the effective and immediate inter-vention of the BJAs in the identified barangays. Figure 32 below demonstrates how Physical Injuries and Property Disputes could have propelled in fighting as more than half of the cases under these typologies are seen to likely result to violence if left unattended and unresolved.

Although only constituting 15% combined, Property Disputes and Gender-related Offenses are likely to escalate into violence as they rank 3rd and 5th, respectively.

Figure 32. Percentage Share of Typology of Cases

with Perceived Likelihood to Escalate to Violence- Maguindanao (1,730 Cases)

It is worth noting though that the occurrence rate of politically motivated cases is negligible, its impact on the peace of the community remains to be signifi-cant. Data collated by the BJAs show that out of the 20 politically motivated disputes, 9 or 45% of these are likely to escalate into violence if not resolved. Fi

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On a different aspect, gender-related cases are known to have influenced the economic activities of the parties and the communities the least registering a low of 27% or only 32 out of the 199 managed cases.

Table 16. Top Five Triggers of Violence - Maguindanao (1,730 Cases)

CASE TYPOLOGY % TOTALPHYSICAL INJURIES 55%CRIMES AGAINST PROPERTY 54%PROPERTY DISPUTES 46%DOMESTIC CONFLICTS 46%GENDER-RELATED OFFENSES 43%

Essentially, cases of Physical Injuries, Crimes Against Properties, Property Disputes and Gender-related Offenses and Domestic Conflicts are seen to be the five triggers of rido or clan wars comprising 33% of all the cases resolved by the Bias.

Worth noting also is the fact that while Gender-related Offenses and property disputes are not as pervasive compared to the other typologies herein mentioned, the odds of these developing into full blown clan wars are relatively high. It is not therefore farfetched that even a single elopement incident can lead to violence if taken for granted.

Conflicts by reason of debts are shown to have greater effects on the daily lives of the parties as well the communities where they belong as shown in 59% of the cases under said typology. Meanwhile 41% of the 274 reported cases of Domestic Conflicts are shown to have influenced the economic activities of the parties involved.

Figure 33. Percentage Share of Typology of Cases with Perceived Economic Effects - Maguindanao (1,730 Cases)

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II. Findings: Davao del Sur

8. DAVAO DEL SUR

Davao del Sur is composed of 10 Municipalities namely: Padada, Sulop, Magsaysay, Matan-ao, Sta. Maria, Kiblawan, Bansalan, Digos City, Hagonoy and Sta. Cruz with 100 barangays.

Table 17. Summary of Typology of Cases - Davao del Sur (1,783 Cases)

CASE TYPOLOGY TOTAL NUMBER OF CASES

CRIMES AGAINST PROPERTY 263PHYSICAL INJURIES 181COLLECTION OF DEBT 220OTHER CAUSES 414VIOLATION OF PRIDE AND DIGNITY 220DOMESTIC CONFLICTS 372PROPERTY DISPUTES 90GENDER-RELATED OFFENSES 23TOTAL 1783

There are 1,783 cases or conflicts gathered and managed by the Barangay Justice Advocates (BJAs) scattered all over the province within a 12-month period from the time the Barangay Justice for Peace Program rolled off its project to its covered areas.

Of the total number of cases gathered and managed by the BJAs in eight (8) project areas, Davao del Sur accounts for 18 percent (18%) of the total 10,091 cases managed. Of the project areas covered by the program, Davao del Sur is the second project area with the most number of cases reported.


As shown in Figure 34, notable is the high incidence of conflicts classified as Other Causes in the area with 23% of the total number of cases recorded. Criminal cases such as “threats” and “alarms and scandals” classified as Other Causes come out as prevalent in the province because of the high number of reported incidents. Other incidents such as breach of contract and unjust vexa-tion are already considered sporadic.

Domestic Conflicts account for 21% or about 372 cases of the total number of conflicts, ranking second with the most number of conflicts reported and managed by the BJAs. It is worth mentioning though that out of the Domestic Conflicts reported, 40% or approximately 148 cases are classified as violations Fi

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of the Anti-Violence Against Women and their Children (VAWC).

Figure 34. Percentage Share of Typology of Cases - Davao del Sur (1,783 Cases)

Crimes Against Property also pose a problem in the province eating up 15% or 263 of the total number of cases with damage to property and theft as two of the most reported incidents managed by BJAs with 129 and 104 cases respectively.


The BJAs in applying their skills in mediation and/or conciliation have the end purpose of not only encouraging the disputing parties to amicably settle their differences but also to assist them and refer them to proper authorities in case the conflict is not mediated at their level.

Figure 35. Resolution Rate Per Case Typology - Davao del Sur (1,783 Cases)

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Figure 35 shows that of the total 1,783 cases recorded, 89% of which has been resolved by the BJAs. Among the cases managed, cases involving physical inju-ries as well as those considered petty and sporadic disputes classified as Other Causes have the highest resolution rate at equally 92%.

Statistics also reveals that conflicts arising out of Violation of Pride and Dignity are rather easier to handle and manage with 91% resolution rate compared to property disputes with 68% resolution rate, the lowest among the cases handled by BJAs.

Resolution rate with respect to Domestic Conflicts is also relatively high posted at 88%. It is quite alarming though that 86% of cases involving violations of Anti-VAWC law or approximately 126 out of 146 have been resolved by the BJAs considering that cases falling and covered by this law are not allowed to be mediated.

Nonetheless, the statistics simply shows that BJAs are gaining the confidence and trust of the people in the community in handling different disputes.


Again, cases reported and documented by the Barangay Justice Advocates (BJAs) generally involve minor or petty crimes thus, at first glance may probably not result or escalate into violence.

However, statistics would show that cases handled by BJAs if not managed well would have the propensity to escalate to violence.

Figure 36. Percentage Share of Typology of Cases with Perceived Likelihood to Escalate to Violence - Davao del Sur (1,783 Cases)Fi

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In Davao del Sur alone, 21% or approximately 370 cases of the total number of cases are recorded that would most likely or likely to escalate to violence if not mediated immediately.

Among the cases perceived to escalate into violence, physical injuries cases rank first with 29% of cases recorded would likely result to violence and 17% that would most likely to escalate into violence. The propensity to escalate into violence of cases falling within the category Other Causes and Gender-related Offenses also show significant figures with 23% and 20% respectively.

Recurring disputes or conflicts in a community have negative impact in the community especially on the economic activities of the parties involved. While most of the crimes committed in the community are considered petty or minor, it is undeniable that these conflicts could affect the livelihood of some of the community members, especially if these are not addressed immediately.

Table 18. Top Five Triggers of Violence - Davao del Sur (1,783 Cases)

CASE TYPOLOGY % TOTALPHYSICAL INJURIES 46%DOMESTIC CONFLICTS 32%OTHER CAUSES 30%CRIMES AGAINST PROPERTY 30%PROPERTY DISPUTES 30%

As illustrated in Figure 37, statistics show that 73% of the total number of cases managed or approximately 1,273 cases reported are perceived to have an adverse effect on the economic or livelihood of the parties involved had they not seek the intervention of the BJAs.

It is quite notable that among the 8 areas covered by the project, Davao del Sur has the highest percentage of cases perceived to have a negative economic impact on the lives of the members of the community.

Of the cases managed, gender-related offenses rank first among the cases documented that could affect the livelihood of the parties with 82% followed by conflicts arising out of debt with 77%. This is followed by isolated cases classified under Other Causes with 74%.

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Figure 37. Percentage Share of Typology of Cases with Perceived Economic Effects - Davao del Sur (1,783 Cases)

Domestic Conflicts also pose a high percentage of cases perceived to have a negative impact in terms of economic survival of the parties pegged at 70%. Out of the total number of Domestic Conflicts reported, 70% of which are cases involving violation of Anti-VAWC law. As a direct consequence these cases, the victims (women) especially those who depend on their spouses/common-law partners economically, would inevitably find it very difficult to survive on their own, making it more difficult for them to report the incident and eventually to leave their husbands or common-law partners.

Furthermore, working women who suffer physical, psychological or sexual violence at the hands of their partners earn less in general than women who do not suffer domestic violence (DV). The productivity of women is affected due to the high absenteeism caused by domestic violence.

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III. Conclusion

1. Typology and Frequency of Cases

The Barangay Justice for Peace Project covers eight (8) project areas namely the Provinces of Davao del Sur, Sarangani, Tawi-Tawi, Maguindanao, South Cotabato, Zamboanga Sibugay and the cities of Dipolog and Pagadian. From August 2010 to August 2011, more than 3,000 Barangay Justice Advocates (BJAs) have documented and managed a total of 11,006 cases in their respec-tive areas. At the time of the study, only 10,091 out of 11,006 cases have been classified and analyzed.

Zamboanga Sibugay led in the number of cases documented with approximate-ly 2,123 comprising 21% of the total number of cases followed by Davao del Sur with 18% or about 1,783 cases. Pagadian, Dipolog and Tawi-Tawi reported the least number of cases collectively accounting for 12 % of the total number of cases. The disparity in the number of cases is attributed to the number of BJAs deployed in each area. Provinces with the highest number of trained BJAs had the most number of reported cases such as Zamboanga Sibugay and Davao del Sur while those with the least number of BJAs reported the least number of cases.

Of the 10, 0091 cases documented by the BJAs, Crimes Against Property rank first in terms of frequency (1,877 cases or 19%) followed closely by Domestic Conflicts at 17% (1,997 cases). Of the total number of Domestic Conflicts man-aged, 35% or about 59 are cases involving violation of Anti-Violence Against Women and their Children Law or Republic Act No. 9262. Physical Injuries, Violation of Pride and Dignity and Collection of Debt ranked fourth, fifth and sixth respectively in terms of frequency of occurrence. Other Causes include cases involving threats, public disturbance and breach of contract.

Crimes Against Property are prevalent in Dipolog City, Sarangani and Maguindanao Province accounting for 45% of the total cases in these areas. Domestic Conflicts are predominant in Pagadian and Zamboanga Sibugay but the latter posted the highest frequency with 454 cases compared to all other areas, comprising about 27% of the total 1,697 Domestic Conflicts documented. In South Cotabato, issues relating to Collection of Debt is the most predominant with 296 reported cases.

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2. Propensity of BJA Managed Cases to Escalate Into Violence

The study suggests that the timely intervention of these BJAs through effective mediation and counseling skills, has prevented most cases from escalating into violence. Based on the BJAs perception, cases involving Physical Injuries was perceived to likely result to violence, while Gender-related Offenses and Property Disputes were identified as cases most likely to result to violence.

It is worthy to mention also that in cases classified under Other Causes, particularly political rivalry especially in the Provinces of Maguindanao, Sarangani, Tawi-Tawi and in the City of Dipolog were perceived by the BJAs as exhibiting significant rates in terms of propensity to escalate into violence. While the number of cases involving political rivalry are few and would probably be considered as insignificant compared to other cases classified in this study, their impact in terms of likelihood to escalate into violence cannot be set aside as in the case of Dipolog, even with only one (1) recorded political rivalry case.

3. Assessment of Effectiveness and Efficiency of the Barangay Justice Advocates (BJAs) in Conflict Resolution

An analysis of data shows that the presence and the timely interference of the BJAs contributed significantly to the efforts of community and society to bring about peace and order as evidenced by a high resolution rate of cases in all areas. More significant is the confidence placed in the hands of the BJAs. While BJAs are ordinary citizen volunteers in the community, they have been able to bring community justice closer to the people and has strengthened the KP system through a timely and effective response to conflicts occurring in the community. Conflict resolution can be best achieved by the people themselves – such as the BJAs those who know the issues on the ground and are armed with the political will to resolve it by means possible and morally acceptable.

The resolution rate of all the cases handled by the BJAs is 94%. This translates to 9,385 out of the 10,091 recorded cases managed by BJAs. A case is deemed resolved if it has been handled by the BJAs themselves either by mediation, counseling or both and the parties in conflict would thereafter reach a set-tlement. The settlement agreement varies depending on the issues involved. It may come in the form of apology, community service, restitution and/or payment for damages. A case is likewise considered resolved if the BJAs have facilitated the referral of the case to the proper authorities for disposition. For the entire project, the referral rate is nine percent (9%) or 908 cases out of the total number of cases. Tawi-Tawi has the highest referral rate of cases recorded at 40%.



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The high resolution rate of cases shows that the training on coun-seling and mediation has enabled the BJAs to manage conflicts through alternative dispute resolution mechanisms. The BJAs being in the fore-front of handling disputes or conflicts in the grassroots level are slowly gaining the trust and confidence of disputants in settling disputes. Community residents need not resort to tedious court litigation, or worse, take the law into their own hands whenever there are conflicts in the area.

Admittedly, not all conflicts or disputes can be resolved by the BJAs. By appropriately referring cases to proper authorities/agencies for proper resolution, the BJAs were instrumental in bridging the gap between the communities, the formal justice system and other alternative systems of dispute resolution.

But while the zeal that the Barangay Justice Advocates have displayed cannot be gainsaid, it is worth mentioning that by virtue of international and national law and covenants, cases of violence against women (VAWC) and Gender-related Offenses like rape and other forms of sexual assault are not subject to mediation . It must be noted too that VAWC cases, by their nature, if not addressed appropriately, would have an irreversible impact on the lives of women-victims and children as they perpetually and consistently demean the dignity and value of the latter. This is the concept of the cycle of violence and it is a universal fact. Data collated show that VAWC cases dominate domestic conflicts, which coincidently registered a high resolution rate.

~~~

Conc

lusi

on


Reco

mm

enda

tion

IV. Recommendation

While the efficiency of the barangay justice advocates is adequately reflected in the tables, the effectivity of the program in terms of providing immediate and unhampered access to the communities is still to be desired. As the study approximates the number of barangay justice advocates per barangay or area at five (5) , with 692 barangays or areas reached out and served, it is safe to conclude that each BJA was only able to manage an average of three (3) cases each within the given period of one year. The number is minimal considering the counselling and mediation methods observed by the BJAs and the 3-day meeting rule currently implemented by the BJSS.

As there is still no available data to show the reasons behind the number, several factors could be explored into to wit:

1. Some of these cases, while originating from one typology, turned out to be complex that they included some of the typologies and necessari-ly included other parties as well. This is especially true in communities only one or at the most three families or clans dominate the latter.

2. With respect to VAWC cases and gender-related offenses, most especially, there is still that traditionally mindset that such cases are best left in the confines of the family or conjugal homes. Thus, these cases still remain unreported despite the existence of social legislations.

3. On the part of the BJAs, questions may be raised on the steps taken to make the BJSS more accessible and widely available to all and sundry.

4. While the cases covered by the study only include those that were actually reported and documented, there is a great probability that the number of cases in the communities is actually greater. Key informants say that a considerable number of cases have not been recorded and forwarded as BJAs opted not to document and submit the same for reasons unknown.

The Barangay Justice Advocates (BJAs) have indeed showcased people empowerment and community mobilization at its best that it must be continued and expanded in most if not all communities in Mindanao. Apart from its effectivity in curbing violence, it is cost effective primarily because these BJAs are people on the ground and the system it implements does away with the technology, workforce and structures that an ordinary judicial or administrative forum requires.



62

As this study is pursued to determine the practicability of the BJSS and the effectivity of the BJAs in handling cases and addressing communal conflicts including clan wars, there are more areas which the GRF could develop and improve on in terms of documentation and handling of cases itself. Not to mention that the data gathered are substantial additions to the database that are already existing in the barangays and even those maintained by the govern-ment.

Data "inputting" are as vital as the data collation itself. Thus, focus must be given on the entries made in the take out forms by the barangay justice advocates. A significant number of cases have been labeled as Cannot be Classified under each typology not because the case is incomprehensible but mainly because the entries are vague and or the essential information are wanting.

The take out or interview forms must also be reviewed especially respecting entries that seek to determine the economic effects of the cases and/or triggers of violence on the lives of parties and the communities as well. A simple affirmation or denial (by simply checking true or false) is not sufficient and variables must be included to identify the conflicts' social and economic cost.

For this paper, Political Rivalry, which used to be a separate typology, was placed under Other Causes taking into consideration the insignificant number of occurrence but giving the impression that it has become less injurious. However, this study itself shows that while minimal in number, political rivalry continues to be one of the most effective violence triggers if not addressed immediately and correctly. Thus, it must remain as a separate typology in future studies.

As property related disputes (crime against property, property disputes, debt) are high in terms of occurrence/frequency and resolution rates as well as their tendency to agitate clans, variables must be added to sufficiently show the type of property and the size and extent of real properties especially that in the previous studies, land and land disputes are what kindle clan wars the most.

On case handling, the following are recommended:

1. With respect to VAWC and gender-related offenses, a shift must be made in as far as the functions of the BJAs are concerned. Specifically, instead of mediating parties, BJAs must concentrate their efforts on counseling parties, especially women and children-victims. If necessary, BJAs must be equipped and oriented with the appropriate counseling skills and methods.Re

com

men

datio

n


i. http://southcotabato.gov.ph/main/?page_id=13

ii. http://ph.one.un.org/response/general/keydocs/HAP/Mindanao_HAP_2011.pdf. page 4

iii. http://ph.one.un.org/response/general/keydocs/HAP/Mindanao_HAP_2011.pdf. page 19

iv. (Deeper Look at Violence against Women (VAW): the Philippine Case by Grace N. Mallorca

Bernabe)

ENDNOTES:

2. Importance must be given not only on the BJAs effectivity to handle a single dispute but on his/her efficiency to avert violence by reaching out to as many residents and parties as much as possible. At the least, BJAs must be able to determine an average number of cases or work-load per month taking into account the 3-day meeting rule.

~~~

Gerry Roxas FoundationA-1

ANNEX A: CASE MONITORING FORM - Page 1/3



A-2




A-4

ARE

APR

OPE

RTY

DIS

PUTE

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END

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4

AN

NEX

D: R

AN

KIN

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OF

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SES

BY A

REA

BY

FREQ

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CY

OF

OC

CU

RREN

CE


AREA # OF CASES MANAGED BY BJAs

RESOLUTION RATE

REFERRAL RATE

DIPOLOG 313 86% 16%

PAGADIAN 301 97% 2%

DAVAO DEL SUR 1783 89% 1%

SARANGANI PROVINCE

1665 90% 3%

TAWI-TAWI 571 97% 40%

MAGUINDANAO 1730 92% 8%

ZAMBOANGA SIBUGAY

2123 96% 14%

SOUTH COTABATO

1605 93% 5%

TOTAL 10091 93% 9%

ANNEX E: RESOLUTION & REFERRAL RATES AREA

CASE TYPOLOGY LIKELY TO RESULT TO VIOLENCE

MOST LIKELY TO RESULT TO

VIOLENCE

CRIMES AGAINST PROPERTY 23% 8%

PHYSICAL INJURIES 49% 11%

COLLECTION OF DEBT 21% 5%

OTHER CAUSES 32% 11%

VIOLATION OF PRIDE AND DIGNITY

29% 7%

DOMESTIC CONFLICTS 30% 10%

PROPERTY DISPUTES 23% 14%

GENDER-RELATED OFFENSES 17% 18%

TOTAL 28% 11%

ANNEX F: PERCENTAGE SHARE OF TYPOLOGY OF CASES WITH PERCEIVED LIKELIHOOD TO ESCALATE INTO VIOLENCE (10,091 CASES)



A-8

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