Father Saturnino Urios UniversityCollege of Law

Butuan City

Urian Legal Assistance Program

Number of Cases Involving Indigenous PeopleWithin CARAGA Region

In fulfillment of the requirements inLegal Writing

2015

Proponents:Keith Russel Galvez

Francis Anthony SumayodAlvin Pateres

Michele NapayMyra Mae DuglasElla Marie Padua

Reynald Raven GuerreroMary Grace Renon

Dan Runille AbesamisSara Ai Jenne Yashihara

Jon Kristoffer PizarroDelmer Riparip

Table of Contents

Introduction

Objectives and its Scope

Limitations

History of Actions & Methodology

Findings

Analysis and Derived Problem

Recommendations

Attachments

I. Introduction

II. Objectives and its Scope

The goal of group 2 is primarily to inquire from the courts within CARAGA region the number of cases involving Indigenous People. Secondarily, we aim to create a Facebook page for ULAP.

III. Limitations

Academic pressures aside, the only factor hindering our efforts in making this study is the time required to responsively communicate with the courts. Although we have garnered their responses, we find that there is a need for feedback or ask another inquiry, or to go to the places they suggested were appropriate for this study.

And maybe because we’re first years and are still ignorant (and confused)

IV. History of Actions & Methodology

1.) Atty. Montero grouped the Legal Writing class into three. Group 2 consists of the following members:

Keith Russel Galvez Francis Anthony Sumayod Ella Marie Padua Michele Napay Mary Grace Renon Alvin Pateres Reynald Raven Guerrero Myra Mae Duglas

Labastilla was one of the members but has dropped out of College of Law the week after Acquaintance Party.

2.) Group 2, with Ms. Keith Galvez as the leader, was assigned with the task of (a.) Creating a Facebook Page for purposes of the ULAP activities, and (b.) Compose a Letter of Request addressed to the courts within CARAGA region, asking for the number of court cases involving Indigenous People.

2.5) Mr. Clark Lim held an online poll at the FSUU College of Law (SY 2015-2019) Facebook group which had the following result:

3.) On August 20, Group 2 has created the “Radyo ULAP” Facebook page, and immediately assigned Mr. Clark Lim as the Administrator. Mr. Lim has since

maintained the Page. Mr. Alvin and Mr. Sumayod came up with logos to be used for the Page.

Designed by Francis Anthony Sumayod

Designed by Alvin Pateres

4.) On August 28, the group updated Atty. Montero as to the status of their tasks. A letter for addressed to the courts, drafted by Alvin, was emailed to her for correction. Atty. Montero gave the group new tasks:

a. To submit Facts regarding all of Group 2’s activitiesb. To submit a letter to the courts inquiring the number of cases

involving indigenous people in CARAGA.

She also informed us that we will have an exam on Sept. 3. Some students in the class will receive an email containing fact sheets about Legal Writing.

5.) On August 29, Saturday, we had a meeting together with our seniors. ULAP was introduced to us and a number of seniors were added to Group 2:

a. ABESAMIS, Dan Runilleb. YASHIHARA, Sara Ai Jennec. PIZARRO, Jon Kristofferd. RIPARIP, Delmer

Abesamis(?) was appointed as the leader; Alvin Pateres was appointed as secretary.

The task of Group 2 was to create a Facebook page for ULAP, and to research about the number of cases involving indigenous people in CARAGA.

6.) On September 4, Padua, Sumayod, Galvez and Pateres met up with Atty. Montero at the ULAP office. They were invited to attend a seminar at GIZ.

7.) On September 5, they attended said seminar along with members from other group.

8.) On September 11, Keith Galvez embarked on a happy journey the courts to personally deliver the letters. Total Expenses incurred: around 1,190 which 7 members of the group paid as due.

We have been awaiting for their response from this point on.

V. Findings

LOCATION CASES ADDT’L INFO

MTCC-OCC Hall of Justice Butuan

No cases They will forward the letter to NCIP

Suggested that we approach NCIP regarding the cases related to IP’s and suggested that we approach Atty. Edwin Luneta

RTC Hall of Justice Butuan

Several cases; Attached in this study.

Usually related to mining

RTC-OCC Prosperidad, Agusan del Sur

They have inventory of cases involving IP’s

Busy

RTC Bayugan City No record They can’t identify whether the case involves IP or not because as they docket, they only classify whether it’s a criminal or civil case

Suggested that we approach Atty. Plaza of NCIP

RTC Cantilan One case (civil case no. 224)

MTCC-OCC Surigao City 2 courts of MTCC branch 1 & 2 have no pending nor terminated case involving IP’S

MTC Nasipit No cases

RTC Lianga There are cases involving Lumads

Most of these cases are criminal cases wherein they are the accused.

There are no civil cases, special proceedings nor environmental acses

COC informed that the Lumads in Lianga has a quasi court located at Diatagon where they have a

VI. Analysis and Derived Issue

From this data we can infer that out of 9 courts that responded, 4 courts have no cases involving IP’s. RTC-OCC of Prosperidad has an inventory but failed to deliver. And RTC Lianga have case involving Lumads but referred us to a quasi court in Diatagon. RTC Bayugan has no record.

From this we have derived questions: How do they keep and sort these records? How do they filter

whether the case involves an IP or not? How come RTC Butuan was able to give us the cases with the details while RTC Bayugan cannot?

In RTC Bayugan, they can’t identify whether the case involves IP or not because as they docket, they only classify whether it’s a criminal or civil case.

VII. Recommendations

We recommend further study about the aforementioned question. We also recommend locating all ‘quasi courts’ or any courts for for Indigenous Peoples and find out whether they have records or not (considering that they’re mostly verbal).

Specifically, we would like to find out exactly how these courts keep their records. Do they use a software integrated to all courts or the government? Do they use a simple excel spreadsheet? Or do they stick to the ancient ways of writing it on paper?

The importance of finding this out is so we could learn how the courts (or even the government) keep and take care of their records. If it’s through a government-created software, it might require the user a further study of that software as to how to filter out the cases (if they involve IP’s). If filtering out IP cases is a new thing, how can that software cater for this purpose? And what are the limitations of that software?

If it’s a simple MS Excel spreadsheet, filtering is easy but we need to know how the spreadsheet is composed or programmed.

If it’s through paper, we have an obvious problem.

If there are other ways, and because we’re first years and are ignorant of court matters, that is why this study exists to find it out