Milo, J. P. (2010). Family dispute settlement in...
Milo, J. P. (2010). Family dispute settlement in a multi-ethnic society of
Ampucao, Itogon, Benguet. (Unpublished master’s thesis). Baguio City:
University of the Cordilleras.
Physical location: University of the Cordilleras Library, Baguio City
ABSTRACT
Socialization is an important process of acquiring knowledge and skills.
According to Sigmund Freud, it is a process that makes an individual get rid of
his natural nature of being egocentric or self-centeredness (Palispis, 1996).
Thus, socialization makes an individual aware, conscious, and responsible of his
environment. It is through socialization that a person is brought to the level of his
rationality and be the one he is known to be - the highest form of mammal. With
the knowledge and skills that he acquires, one changes. However, this change
could be deterioration or transformation, depending on how a person is
influenced by his environment.
There are factors that influence the acquisition of knowledge and skills of
a person and these factors contribute much on how one perceives and interprets
the social world. These factors include the family, school, church, government,
peer groups, mass media, and workplace. These factors are more popularly
known as the agents of socialization (Henslin, 2002).
The family is the basic social institution and it is where a person is first
socialized. This is possible with the indispensable role of the significant others
which include the parents, brothers and sisters, and those closer relatives of the
person whom s/he interacts with always. The long record of child dependency to
these people from infancy to adulthood suggests that the family has a great
influence in the shaping of character and behavior of a person. This is true when
Santiago (2003) called the family as the “cradle of values”.
The family, however faces problems that challenge its purpose of
existence and organization to the members of the family. Family dispute is
among it. Family dispute refers to the conflict between husband and wife, parents
and children, and in this study, in-laws.
Family dispute is universal but is relative, which suggests that family
dispute is dealt with by members of a society based on cultural norms and
practices depending on the nature of such society. Because no societal group is
shielded from family disputes brought about by different factors, it is also good to
consider the reactions of societies towards family dispute based on their
capabilities.
In Quebec, Canada the government treats family disputes differently.
Based on the research conducted by Dr. Anne Saris Jean Mathieu Potvin in their
study entitled Family Dispute Resolution among Muslim Minorities in the West:
Analysis of a Case Study of Muslim Women, Religious Counselors and Civil
Actors in Montreal, family disputes in Quebec are mandatory settled by a judge
and
no
settlements
are
made
other
than
the
judge
(www.brandeis.edu/hbi/pubs/AnneSaris.doc).
In India, since there are Hindus and Muslims in the country, family
disputes are held based on the laws governing the religious beliefs of each
community. This means that family disputes are settled depending upon the
norms established by authorities representing Hindus and Muslims.
In Ghana, Africa before, family disputes are resolved by the head of the
family. If not settled, the family will consult the family clan and if it again fails, they
consult the chief of the community.
Family disputes in the Philippines, like in Barangay Ampucao are treated
distinctively from other disputes because of the consideration of family bond,
customary laws based on ethnicity, nature of dispute, the disputants, and the
barangay officials. Barangay Ampucao, though, is not a homogeneous
community but a community that comprises people from various ethnicities which
suggests that there are variations of ways in settling family disputes for the
preservation of the family bond and the realization of its sanctified status upheld
in the 1987 Philippine Constitution (De Leon, 2002).
Hence, the rationale of this study is to determine the nature of family
disputes in Barangay Ampucao, Itogon, Benguet, and the causes categorized by
ethnicity including the actions undertaken by the barangay officials in settling
family disputes applying Katarungang Pambarangay Justice System vis-a-vis
customary laws; and come-up with recommendations for improvement.
This research study assessed and analyzed the Family Dispute
Settlements in a Multi-ethnic Society of Ampucao, Itogon, Benguet. The study
sought to answer the following questions:
1. What are the family disputes settled in a Multi-ethnic Society of Barangay
Ampucao, Itogon, Benguet?
a. Marital Conflict caused by infertility, extra-marital relationship, and
domestic violence;
b. Child Custody caused by separation of parents and irresponsible
parenthood;
c. Financial Problems caused by misuse of family funds - gambling
and alcoholism; and
d. Land dispute cause by the absence of written documents to prove
land claims.
2. What actions are undertaken by the barangay authorities to settle family
disputes?
a. Mediation;
b. Conciliation;
c. Reconciliation; and
d. Arbitration
3. What indigenous knowledge system and practices are observed in settling
family disputes?
a. Tungtung:
b. Pagmanmanuk; and
c. Seek advise from a mambunong for instructions regarding rituals to
be performed
The qualitative-descriptive method was adapted in this study. Descriptive
social documentary, involved description, recording, analysis and interpretation
of conditions of family disputes in Barangay Ampucao, Itogon, Benguet, which is
the locale of the study.
In gathering the data, the researcher utilized a structured interview guide
which included questions about the kinds of family dispute cases encountered by
the barangay officials, causes of the family disputes, ethnicity of disputants in
each family conflict, and the common family dispute in each ethnicity. The
interview also included inquiry about the methods adopted by the barangay
officials in settling disputes of families with different ethnicities. The interview also
included inquiry about the adopted or observed indigenous knowledge system
and practices or the customary practices in settling family disputes.
In general, the “triangulation method” was used where the data gathering
procedure was interview as well as documentary analysis of the records of the
barangay of cases specifically, Amicable Settlement File. Observation of dispute
settlement procedure was also performed to verify the consistencies of claims of
the respondents with regard to the actions they undertake to settle disputes.
Responses were analyzed and interpreted based on the documents and
observation.
Findings
The following are the findings of the study:
1. The family disputes settled in the Multi-ethnic Society of Ampucao, Itogon,
Benguet were Marital Conflicts, Child Custody, Financial Problems, and
Land Disputes.
2. The actions that were undertaken by the barangay authorities of Ampucao
in settling family disputes were mediation, conciliation, reconciliation, and
arbitration.
3. The indigenous knowledge system and practices that were observe in
settling family disputes were tungtung, pagmanmanuk, and in some
instances consultation of a mambunong for instructions regarding a ritual
to be performed by the disputants.
Conclusions
Based on the findings, the following are the results of this study research:
1. The four kinds of family disputes at Barangay Ampucao as mentioned
above were caused by infertility, extra-marital relationship which occurs
because of the residential set-up and the community system of gossip,
and domestic violence. Child custody was caused by separation of
parents and irresponsible parenthood. Financial Problem on the other
hand was caused by gambling and alcoholism. Land disputes were
caused by the absence of written documents to prove land claims. With
regard to ethnicity, marital conflict which involves extra-marital relationship
is mostly committed by the Ilocanos and Pangasineses; while the other
family disputes are committed by the Igorots and other ethnicities.
2. The customary laws which constitutes the indigenous knowledge system
and practices remains to be the undisputed and most adhered process of
settling family disputes in Barangay Ampucao as what is also provided in
the Katarungang Pambarangay Law. The barangay officials and the
disputants still value cultural social structure in maintaining peace and
order in Barangay Ampucao.
3. The tungtung system which is the basic step of dispute settlement among
indigenous groups of people is observed in settling family dispute in
Barangay Ampucao, though, it is interpreted literally.Pagmanmanuk is
also done to “seal” the settlement of the family dispute. However, the
mambunong also takes its role when his advise for whatever ritual is
needed to be done.
Recommendations
Based on the findings, the following are recommended by the researcher:
1. In order to avoid occurrences of extra-marital relationships, Philex Mines,
where this marital problem mostly occur, has to organize seminars and
workshops that tackle strengthening family relations, implement policies
that would greatly punish extra-marital relationships like dismissal from
employment when found guilty of committing extra-marital relationship. To
avoid alcoholism and gambling that causes financial problem in Barangay
Ampucao, the policy that is implemented at Philex which regulates
consumption of alcohol and strictly prohibits gambling, should also be
adopted by other sitios of Ampucao and be strictly implemented. Barangay
Ampucao in general should prioritize the preservation of family by
implementing policies and programs like observation of Family Day a year,
which gives opportunity for families to spend time together. Instead of
organizing beauty contests or other entertaining activities, Barangay
Ampucao, has to rather construct family parks or even organize family
games or sports to promote intimacy and concern for the well-being of
other families by other families in the barangay.
2. The barangay officials have to be trained in efficiently settling family
disputes. They can do this by participating in seminars or workshops on
barangay dispute-processing. They should also be knowledgeable of
customary practices adopted by previous family dispute settlers. The
barangay officials can do this by reviewing amicably settled family
disputes and by consulting elders in the community. The knowledge
gained can also be reinforced by reading Igorota magazines which
features igorot traditional practices not only about dispute processing but
others also about the igorot culture. The barangay officials should has to
organize a committee that would deal with the preservation of culture and
strict observance of cultural social structures that promotes the
preservation of peace and order of the barangay.
3. Tungtung as adopted to be used to settle family dispute, has to be treated
the way it should be where elders of some members of the community are
involved in finding ways to settle the conflict, and not as it is literary
interpreted and used by the barangay officials and disputants. In this way,
the disputants would know the seriousness of the conflict they incurred
and the burden it brings to the community. This will also prevent people in
the barangay to avoid involving themselves into any form of dispute or
conflict.
Ampucao, Itogon, Benguet. (Unpublished master’s thesis). Baguio City:
University of the Cordilleras.
Physical location: University of the Cordilleras Library, Baguio City
ABSTRACT
Socialization is an important process of acquiring knowledge and skills.
According to Sigmund Freud, it is a process that makes an individual get rid of
his natural nature of being egocentric or self-centeredness (Palispis, 1996).
Thus, socialization makes an individual aware, conscious, and responsible of his
environment. It is through socialization that a person is brought to the level of his
rationality and be the one he is known to be - the highest form of mammal. With
the knowledge and skills that he acquires, one changes. However, this change
could be deterioration or transformation, depending on how a person is
influenced by his environment.
There are factors that influence the acquisition of knowledge and skills of
a person and these factors contribute much on how one perceives and interprets
the social world. These factors include the family, school, church, government,
peer groups, mass media, and workplace. These factors are more popularly
known as the agents of socialization (Henslin, 2002).
The family is the basic social institution and it is where a person is first
socialized. This is possible with the indispensable role of the significant others
which include the parents, brothers and sisters, and those closer relatives of the
person whom s/he interacts with always. The long record of child dependency to
these people from infancy to adulthood suggests that the family has a great
influence in the shaping of character and behavior of a person. This is true when
Santiago (2003) called the family as the “cradle of values”.
The family, however faces problems that challenge its purpose of
existence and organization to the members of the family. Family dispute is
among it. Family dispute refers to the conflict between husband and wife, parents
and children, and in this study, in-laws.
Family dispute is universal but is relative, which suggests that family
dispute is dealt with by members of a society based on cultural norms and
practices depending on the nature of such society. Because no societal group is
shielded from family disputes brought about by different factors, it is also good to
consider the reactions of societies towards family dispute based on their
capabilities.
In Quebec, Canada the government treats family disputes differently.
Based on the research conducted by Dr. Anne Saris Jean Mathieu Potvin in their
study entitled Family Dispute Resolution among Muslim Minorities in the West:
Analysis of a Case Study of Muslim Women, Religious Counselors and Civil
Actors in Montreal, family disputes in Quebec are mandatory settled by a judge
and
no
settlements
are
made
other
than
the
judge
(www.brandeis.edu/hbi/pubs/AnneSaris.doc).
In India, since there are Hindus and Muslims in the country, family
disputes are held based on the laws governing the religious beliefs of each
community. This means that family disputes are settled depending upon the
norms established by authorities representing Hindus and Muslims.
In Ghana, Africa before, family disputes are resolved by the head of the
family. If not settled, the family will consult the family clan and if it again fails, they
consult the chief of the community.
Family disputes in the Philippines, like in Barangay Ampucao are treated
distinctively from other disputes because of the consideration of family bond,
customary laws based on ethnicity, nature of dispute, the disputants, and the
barangay officials. Barangay Ampucao, though, is not a homogeneous
community but a community that comprises people from various ethnicities which
suggests that there are variations of ways in settling family disputes for the
preservation of the family bond and the realization of its sanctified status upheld
in the 1987 Philippine Constitution (De Leon, 2002).
Hence, the rationale of this study is to determine the nature of family
disputes in Barangay Ampucao, Itogon, Benguet, and the causes categorized by
ethnicity including the actions undertaken by the barangay officials in settling
family disputes applying Katarungang Pambarangay Justice System vis-a-vis
customary laws; and come-up with recommendations for improvement.
This research study assessed and analyzed the Family Dispute
Settlements in a Multi-ethnic Society of Ampucao, Itogon, Benguet. The study
sought to answer the following questions:
1. What are the family disputes settled in a Multi-ethnic Society of Barangay
Ampucao, Itogon, Benguet?
a. Marital Conflict caused by infertility, extra-marital relationship, and
domestic violence;
b. Child Custody caused by separation of parents and irresponsible
parenthood;
c. Financial Problems caused by misuse of family funds - gambling
and alcoholism; and
d. Land dispute cause by the absence of written documents to prove
land claims.
2. What actions are undertaken by the barangay authorities to settle family
disputes?
a. Mediation;
b. Conciliation;
c. Reconciliation; and
d. Arbitration
3. What indigenous knowledge system and practices are observed in settling
family disputes?
a. Tungtung:
b. Pagmanmanuk; and
c. Seek advise from a mambunong for instructions regarding rituals to
be performed
The qualitative-descriptive method was adapted in this study. Descriptive
social documentary, involved description, recording, analysis and interpretation
of conditions of family disputes in Barangay Ampucao, Itogon, Benguet, which is
the locale of the study.
In gathering the data, the researcher utilized a structured interview guide
which included questions about the kinds of family dispute cases encountered by
the barangay officials, causes of the family disputes, ethnicity of disputants in
each family conflict, and the common family dispute in each ethnicity. The
interview also included inquiry about the methods adopted by the barangay
officials in settling disputes of families with different ethnicities. The interview also
included inquiry about the adopted or observed indigenous knowledge system
and practices or the customary practices in settling family disputes.
In general, the “triangulation method” was used where the data gathering
procedure was interview as well as documentary analysis of the records of the
barangay of cases specifically, Amicable Settlement File. Observation of dispute
settlement procedure was also performed to verify the consistencies of claims of
the respondents with regard to the actions they undertake to settle disputes.
Responses were analyzed and interpreted based on the documents and
observation.
Findings
The following are the findings of the study:
1. The family disputes settled in the Multi-ethnic Society of Ampucao, Itogon,
Benguet were Marital Conflicts, Child Custody, Financial Problems, and
Land Disputes.
2. The actions that were undertaken by the barangay authorities of Ampucao
in settling family disputes were mediation, conciliation, reconciliation, and
arbitration.
3. The indigenous knowledge system and practices that were observe in
settling family disputes were tungtung, pagmanmanuk, and in some
instances consultation of a mambunong for instructions regarding a ritual
to be performed by the disputants.
Conclusions
Based on the findings, the following are the results of this study research:
1. The four kinds of family disputes at Barangay Ampucao as mentioned
above were caused by infertility, extra-marital relationship which occurs
because of the residential set-up and the community system of gossip,
and domestic violence. Child custody was caused by separation of
parents and irresponsible parenthood. Financial Problem on the other
hand was caused by gambling and alcoholism. Land disputes were
caused by the absence of written documents to prove land claims. With
regard to ethnicity, marital conflict which involves extra-marital relationship
is mostly committed by the Ilocanos and Pangasineses; while the other
family disputes are committed by the Igorots and other ethnicities.
2. The customary laws which constitutes the indigenous knowledge system
and practices remains to be the undisputed and most adhered process of
settling family disputes in Barangay Ampucao as what is also provided in
the Katarungang Pambarangay Law. The barangay officials and the
disputants still value cultural social structure in maintaining peace and
order in Barangay Ampucao.
3. The tungtung system which is the basic step of dispute settlement among
indigenous groups of people is observed in settling family dispute in
Barangay Ampucao, though, it is interpreted literally.Pagmanmanuk is
also done to “seal” the settlement of the family dispute. However, the
mambunong also takes its role when his advise for whatever ritual is
needed to be done.
Recommendations
Based on the findings, the following are recommended by the researcher:
1. In order to avoid occurrences of extra-marital relationships, Philex Mines,
where this marital problem mostly occur, has to organize seminars and
workshops that tackle strengthening family relations, implement policies
that would greatly punish extra-marital relationships like dismissal from
employment when found guilty of committing extra-marital relationship. To
avoid alcoholism and gambling that causes financial problem in Barangay
Ampucao, the policy that is implemented at Philex which regulates
consumption of alcohol and strictly prohibits gambling, should also be
adopted by other sitios of Ampucao and be strictly implemented. Barangay
Ampucao in general should prioritize the preservation of family by
implementing policies and programs like observation of Family Day a year,
which gives opportunity for families to spend time together. Instead of
organizing beauty contests or other entertaining activities, Barangay
Ampucao, has to rather construct family parks or even organize family
games or sports to promote intimacy and concern for the well-being of
other families by other families in the barangay.
2. The barangay officials have to be trained in efficiently settling family
disputes. They can do this by participating in seminars or workshops on
barangay dispute-processing. They should also be knowledgeable of
customary practices adopted by previous family dispute settlers. The
barangay officials can do this by reviewing amicably settled family
disputes and by consulting elders in the community. The knowledge
gained can also be reinforced by reading Igorota magazines which
features igorot traditional practices not only about dispute processing but
others also about the igorot culture. The barangay officials should has to
organize a committee that would deal with the preservation of culture and
strict observance of cultural social structures that promotes the
preservation of peace and order of the barangay.
3. Tungtung as adopted to be used to settle family dispute, has to be treated
the way it should be where elders of some members of the community are
involved in finding ways to settle the conflict, and not as it is literary
interpreted and used by the barangay officials and disputants. In this way,
the disputants would know the seriousness of the conflict they incurred
and the burden it brings to the community. This will also prevent people in
the barangay to avoid involving themselves into any form of dispute or
conflict.