Case Study in HST121

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A Case Study: Analysis of Land Dispute to be originally founded by the Ceniza

Issues in Taguitic, Kapatagan Lanao del family. However, the Peñas Family claimed
Norte to be the rightful owner of these lands. Both
Charisse Aleli L. Doyongan parties were both fighting for ownership and
rights over these lands with their claims of
Summary the historical method of ownership. In its
Land ownership problems are crucial perspective, land disputes could create a rift
to the Philippines' economy. These problems between families and even go beyond to
extend in such a way as to prevent, if not violence. In this study, the main objectives
frustrate, attempts to address other national would be the social effects to the people
problems in the overall economic, political settling in the lands. In addition, this case
and social life of the people. Problems of study will allow a range of perspectives in
land ownership patterns and agricultural contrast to the individual view with an
development in the various islands and interview with the participant involved in
provinces vary somewhat. These differences the issue to better understand the case of
are however not so large as to change the land disputes and ownership.
overall pattern, since neither province is
totally outside the overall issue.1 In this case, I. Introduction
land disputes could be a probable cause of The poor in the Philippines depend
misconduct and conflict among families heavily on their livelihood and welfare
fighting for an ownership over a land. access to land. Three-quarters of the poor
Taguitic is a small barangay in the live on farming and fisheries. The urban
municipality of Kapatagan with over 4, 446 poor also depend upon land as housing
population in the 2015 mandated census. provides them with access to the urban
This small town represented 7.07% of the economy. The poor in urban areas make up
total population of the municipality.2 Years 25% of the total poor population. The house
ago, the pieces of lands in Taguitic were said is a basis for income generating activities for
1 many urban poor families.3 Therefore, the
Cutshall, Alden. "Problems of Landownership in the
Philippine Islands." Economic Geography 28, no. 1
(1952), 31. doi:10.2307/141618.
2 3
"Taguitic, Kapatagan, Lanao Del Norte Profile – Balisacan, A.M. 1994. Poverty, urbanization and
PhilAtlas." PhilAtlas. Accessed May 25, 2021. development policy: a Philippine perspective.
https://www.philatlas.com/mindanao/r10/lanao-del-n Quezon City, Philippines, University of the
orte/kapatagan/taguitic.html. Philippine Press.
efficient and socially acceptable distribution settlers have been living within the areas
of land is essential for sustainable economic without the right of possession throughout
activities to address poverty alleviation in the lands. They appealed cases and won
farming, fisheries and urban economy. cases too. While this is an on-going
These benefits could well be gained through case/issue, it is hard to predict who should
access and rights of lands. Thus, many have the legal ownership over these lands.
families and feuds had developed over the As the case went through, many realizations
years because of the desire and power that were uncovered during the process of
could be acquired if you have legal gathering sources and information.
ownership over the pieces of land. Land competition is an explosive
Distribution of land in the Philippines has challenge when linked to other root causes
been a major issue for decades in some of conflict. There are possible key factors as
urban areas including land tenancies, to why the case dragged on for years without
conflicts and land-grabbing. In line with legal settlement, here are as follows: 1)
this, the issue of land conflict/dispute would weak governance of land, including
be the main objective of this case study and dysfunctional legal systems and lack of rules
how the issues and challenges stride over the on land management which practically
succeeding years of social problem effects works on the ground; 2) inability of
within the lands of Taguitic, Kapatagan, governments to deal with land disputes and
Lanao del Norte. conflicts. These land problems come across
in many ways and are increasingly
II. Issue and Analysis recognized as the heart of violent conflicts.
The land disputes over the two In the pursuit of social effects, the people
families in Taguitic, Kapatagan, Lanao del within the area have experienced (1) being
Norte, Philippines have been going on for an informal settlers because of the on-going
years because of the slow due process of the issue of the case (2) biases of the people
case and the lack of evidence to support between the two families and caused an
each claim. Because of this, the issue of even wider rift among the people living
ownership escalated to physical violence within the lands.
affecting many people living within the
areas. In line with this, many informal
III. Alternatives and Decisions address unjust customary practices
Addressing Land Conflict and disputes within a community.
(2) Work with confident community
Land resolutions aim to build a
leaders and officials of government.
common understanding and strategic
It may be useful to raise the dispute
approach to addressing land conflicts. These
if internal debate and negotiation do
approaches can be used by all relevant
not work. Respected leaders may use
actors in the field of land conflict and
their powers to aid parties in the
dispute. Instead of waiting for conflicts to
resolution of difficult land disputes.
develop, communities should prepare for
(3) These are following responses of the
them by identifying areas of conflict and
people involved in the conflict:
developing a conflict management plan.
● there are serious discrepancies
Taking a case to court can prolong the
between parties about relevant facts
conflict, cost a lot of time, and expose the
and information
parties to more conflict. Alternative conflict
● a significant power imbalance
resolution strategies, such as mediation, can
between parties is evident
help resolve the conflict without the use of
● people become very emotional,
courts or mediators. However, because the
compromise becomes difficult
case went up to higher court, face up
● communication between the parties
multiple violences, these strategies are only
is unwilling.
to pacify the on-going conflict and mediate
the opposing parties: Mediation is a neutral third party
mediator structured process. Mediators may
(1) Creating a public discussion is an
be attorneys, mobile community
important part of a community
representatives or trained and respected
meeting to facilitate open dialogue. It
members of the community. The task of the
involves gathering all the
mediator is to remind the parties of the laws
participants and identifying the root
concerned, help the parties to communicate,
causes of the disagreement. Open
establish a common ground and to identify
dialogues can work well in a variety
desired solutions. The mediator's objective
of situations. They can be used to
should be to assist both parties in arriving at
a resolution that benefits both parties, and
not only one. Once a conflict resolution is case in the court, the possible sources would
achieved, all parties should register and sign be the oral interviews conducted, the people
it in written form. This will make it possible who witnessed the impending dispute, and
for everyone to abide by the agreement.4 the recorded hearings and papers.

IV. Methodology
VI. Conclusion
The study approaches the concluding
Different conflict prevention
issue allowing us to see the perspectives of
mechanisms are integrated into land and
the people involved in the conflict and to
resource management. Proceeding with
further assess the underlying causes and
safeguards like permits, licenses and other
effects of the dispute. Furthermore, the
compulsory compliance to government
research will use a qualitative approach and
agencies have been shown to sometimes
make use of descriptive and analytical
prevent disputes about land and resources,
methods in examining the sources. In the
but in some cases only serve as rubber
process of gathering data collection, we
stamps for land investments.5 In this case,
conducted oral interviews with the key
the prevailing conflict issue in Taguitic,
informants and surveys among the people
Kapatagan, Lanao del Norte will need to
affected by the issue. The study used
have legal proceedings to mediate the issue
purposive and snowball sampling techniques
and violences - internal and external and
identifying the informants of the interview -
make settlement of relocation having to put
a semi-structured type interview.
and divide the boundaries of land to
therefore conclude the land dispute and
V. Identifying Sources and Key
conflict in Taguitic, Kapatagan, Lanao del
Informants
Norte.
The pieces of information were
gathered from the people involved in the
conflict in Taguitic, Kapatagan, Lanao del
Norte. Because the case is still a pending

4
Practical ways to resolve land conflicts. (n.d.).
Tearfund Learn. 5
Land Conflicts Issue. (n.d.). Asian NGO Coalition –
https://learn.tearfund.org/en/resources/footsteps/foots For Agrarian Reform and Rural Development.
teps-101-110/footsteps-105/practical-ways-to-resolve https://angoc.org/wp-content/uploads/2020/02/Land_
-land-conflicts Conflicts_Issue_Brief.pdf

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