Alternative Dispute Resolution as Practiced in the Municipality of Bamban,

Tarlac
Capinding, Jayvee M. Capulong, Apreal Rhose C. Frugalidad, Jozebel P. Lacsamana, Noelito S.
Lugma, Diana V. Macapagal, John Carlo V. Mangaya, Russel V. Mapuyan, Ronaldo C. Mercado,
Aljenica G. Monta, Jessie B. Ocampo, Merton Paul A, Sablan, Rei Paolo M.Santos, Daryl B.

Abstract
This studies the current practice of Alternative Dispute Resolution (ADR) in Bamban,
Tarlac which was mandated by the Congress as the RA 9285 or the Alternative Dispute Resolution
Act of 2004. The goal of this study is to record the current status of ADR in the said municipality,
from the effectiveness, and competitiveness of the officials who are administering ADR.
This also showcases the common cause of disputes every barangay, and what are the
underlying reasons why such disputes occur. Furthermore, the level of income and the population
will be discussed; how these factors can generate disputes.
In addition, it will be tackled here the number of cases resolved per barangay, the most
adopted method of ADR.
Lastly, the common strengths and weaknesses of the barangays when it comes to ADR will
be discussed and suggest some interventions. The data were gathered through interview and
survey.

CHAPTER I

THE PROBLEM AND ITS BACKGROUND

I. Introduction

Conflict between people occurs when there is a misunderstanding of words and actions that
could drive to litigation. As Sociological Imagination of Charles Wright Mills says, “we give
meanings to things where meanings can change according to the understanding of the receiver
(National University, 2021)” which perhaps results conflict. Some conflicts are complicated and
some are just too simple. The complicated dispute undergoes through the law, while the simplest
dispute undergoes negotiation and agreement, with exchange of resources.

We may have seen a lot of disputes in our surrounding, sometimes caused by

misunderstanding, violation of human rights, not complying with the responsibility, and many
more. In order to manage these conflicts, Alternative Dispute resolution has been introduced and
being practiced to cater disputes.

Are there possible changes in the practice of ADR? What would happen if ADR would not
be applied properly to a dispute? Are there possible weaknesses that ADR has? What are the
possible interventions on it? These are just some of the questions that need to be answered for the
future studies that would connect with this study.

1
 Talking about Alternative Dispute Resolution (ADR), it provides an alternative method in
settling disputes which avoids going to courts. It plays an important role in the legal process, but
is often dominated by the intriguing portrayal of a jury trial. Other people may think that all legal
dispute only happens in a large courtroom, but in reality, other legal disputes are resolved through
some forms of ADR (Law Shelf, 2021).

In the1980’s, ADR has been widely used by the international corporations to deal with the
conflicts in business, in order to save time and resources. However, the practice of ADR has been
changed where it was mutated into a private judicial system where it requires a lot of expenses and
it is more likely a litigation (Carver & Vondra, 1994).

The use of ADR, in general, is more convenient than litigation. It offers a lot of options
because of its flexibility and it is controllable. This means that arbitration or mediation (forms of
ADR) can be set any time and day according to the availability of the parties. It is also inexpensive
and offers faster resolution of the disputes (Stitt Feld Handy Group, 2021).

The existence of ADR in the Philippines was actually a resolution to the courts problem. It
was due to clogged dockets, the Supreme Court saw mediation as an effective means to settle
pending cases (Lazatin, 2003).

In the Philippine setting, there are commonly used ways to cater such conflicts between
local people. Most of the time, direct negotiation is primarily used as an alternative dispute
resolution especially in some barangays. This alternative resolution process is being practiced
when the degree of conflict between people is manageable by the local officials and the parties
involved.

As written in Republic Act No. 9285, Chapter 1 Section 3 defines that “Alternative Dispute
Resolution System" means any process or procedure used to resolve a dispute or controversy, other
than by adjudication of a presiding judge of a court or an officer of a government agency, as defined
in this Act, in which a neutral third party participates to assist in the resolution of issues, which
includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any
combination thereof;” (LawPhil Project, 2004)

Although dispute is very vague which may occur in many ways, but through effective
application of the RA 9285 will result to a better society where dispute is no longer an issue. It
would be manageable once the persons administering ADR have mastered the process and handled
cases with no harms to both parties.

The goal of this research is to study the practice of the Alternative Dispute Resolution in
all barangays of Bamban, Tarlac. It aims to identify the strengths and weaknesses and suggest
possible interventions. This study is being conducted to know if the administering officials are
proficient when it comes to ADR, and what are the common flaws in the practice of ADR.

2
 This claims that the practices of ADR in the barangays of Bamban, Tarlac have similarities,
where they undergo seminars. Formal trainings were given to each barangay to perform ADR very
well.

Research Objectives:

1. Discuss ADR, the process, methods, and efficiency to the barangays of Bamban, Tarlac.

i. Identifying the strengths and weaknesses

2. Assess the capability of the officials who are administering ADR in accordance with the RA.
9285.

i. Gather necessary data regarding the practice of ADR each barangay via survey and
interview.

3. Conclude whether the practice of ADR takes effect to the disputes of the people.

This includes:

a. The number of the cases resolved using Alternative Dispute Resolution

(ADR) among the barangays in Bamban;
b. The different methods have been used to deal with these cases—among the
selected barangays in Bamban;
c. The capacity of the local (barangay) government and officials to handle
such disputes.

II. Research Design

Conceptual Framework

3
III. Statement of the Problem

1. How may the profile of Bamban Municipality be described in terms of:

1.1 Population

1.2 Size of Barangay

1.3 Seriousness of Disputes

2. How may Alternative Dispute Resolutions in Bamban Municipality be described in terms of:
1.1 Number of Alternative Dispute Resolved
1.2 Types of Alternative Dispute Resolution Adopted

3. What recommendations shall be proposed to make Alternative Dispute Resolution become

effective in Bamban Municipality?

IV. Significance of the Study

This research aims to determine the effectiveness of ADR in the Municipality of

Bamban. The findings of this study will be of great value and importance to the following:

To the community—educating them regarding the process of Alternative Dispute

Resolution (ADR), so they would have background in handling such conflicts.

To the barangay officials—through this the officials would be more well educated about
ADR, organized and professionals in handling dispute cases. Determining such strengths and
weaknesses are the gist.

To the criminology students, the result of this study will allow them to gain additional
information about the ADR process that they can use in the future. As future criminologists,
being knowledgeable on such things like this is very crucial.

To the future researchers—this study will serve as an open door to dig more ideas about
the problem. Future researchers are expected to suggest more ideas in assessing the capacity of
the local governments in the implementation of the ADR.

V. Scope and Delimitation

This research will focus on the status of each barangay of Bamban from population to
economy to connect with the underlying causes of disputes. Studying each barangay is needed
to study the whole municipality’s performance in terms of ADR. The researchers believe that
there are various cases occurred each barangay and the officials were able to address them. It

4
would be also an advantage for the researchers because they reside in the same Municipality—
Bamban.

The population per barangay, land area, number of cases resolved, and the adopted
methods will be discussed here.

CHAPTER II

Review of the Related Literature

This chapter the relevant literatures and studies such as: literatures, theses, articles and
journals, e-books, etc., which have relevance and significance to the research being undertaken.

Foreign Studies

Alternative Dispute Resolution: Why It Doesn’t Work and Why It Does

As stated in the article of Carver and Vondra (1994), the use of ADR lies between good
and bad results. In the 1980’s, ADR has been widely used to deal with conflicts between parties
however, later on, the practice of ADR has been mutated to a sort of litigation where it requires a
lot of resources which hinders the cases of the people. Carver and Vondra (1994) mentioned that
people made arbitration as an alternative to litigation where it costs least and saves time—but in
reality, it resembles litigation.

They concluded that, in order to perform ADR successfully, there should be a commitment
and dedication, passion, and right attitude. If not, the true essence of ADR will not be achieved,
but winning—the main goal of litigation.

Implementing an Effective Dispute Resolution Strategy Which Promotes the Use of ADR.

ADR is now implementing ADR (2019 article) as an alternative way to deal with the
conflicts of the people. In this article, provides an overview of the techniques where organizations
can use to create a tailor-made dispute resolution strategy promoting the use of ADR. As
mentioned, mediation is the primary method used to deal with the dispute of the organization. The
ultimate goal is to ensure that disputes are managed in a way that is in the best interests of the
organization, protecting the reputation of the organization (Mirchandani & Tager, 2019). They
added, early case management is very crucial in order to address the conflict of the organizations.

5
Forms of Alternative Dispute Resolution

From the article of Miller Law (2020), it mentioned the different forms of ADR and their
interventions. This article focuses particularly in the process of ADR in Michigan, USA.
According to this, there are degrees of interventions used according to the degree of level of the
dispute of the parties. This article states the protocol regarding the process of ADR, from
facilitation (which is the least formal), where a neutral third-party works with both sides to reach
the resolution of their dispute.

Alternative Dispute Resolution (Manookin, 1998)

This article focuses in mediation and arbitration than unfacilitated dialogue, which is, of
course, the most prevalent method by which parties and their counsel resolve legal problems
outside of the court.

The first part of this article focuses on arbitration and mediation to give fundamental
context for understanding ADR. By contrasting these processes with adjudication and
negotiation—the two traditional methods for resolving legal issues—the potential benefits and
drawbacks of arbitrations and mediation are revealed and briefly discussed.

On the second part of this article briefly describes a range of hybrid procedures that are
frequently included within the scope of ADR. These hybrids imply that ADR procedures are
increasingly being incorporated as process inside a dispute resolution system that also incorporates
formal adjudication.

On the last part, it highlights the theoretical literature that aims to investigate the incentive
effects caused by introducing a layer of ADR into the litigation process, as well as the few
empirical studies that have investigated its influence.

An Introduction to Alternative Dispute Resolution (Benerjee, 2020)

India has joined the practice of ADR in managing the disputes of the people. On this article
written by Ishaan Benerjee (2020), he tackled the pros and cons of ADR. The use of ADR was
suggested by the Law Commission of India from its 22 nd report from Article 39-A, which states
that everyone must have an equal opportunity of getting justice and this must not be denied to any
citizen by reason of economic or other sort of disabilities.

6
 He added, due to poverty people could not afford a lawyer for court trials, and they are
usually receiving human rights violation. That is why ADR is being explored by the Indian
Government. Furthermore, there are a lot of pending cases in the court which are a burden for it.

As a conclusion, ADR has found a necessity for both government and civil sectors. It was
found out that it takes the clogging cases in the court smoothly and lessen the burden from the
court. It also provides equal justice and opportunities regardless of the economic status of an
individual.

Local Studies

Qualitative Analysis of Amicable Settlement for Dispute Resolution of Ifugao Tribes

On this journal written by Warren Tayaban (2020), it tackled the amicable settlement of
three different tribes in Ifugao. The Tiwali tribe called settlement as “Hummangan”, for the
Ayangans term it as “Happetan” and the Kalanguya tribe term it as “Tong-tong”. The said terms—
different terms but the same process—were the first steps taken to settle conflicts. Through
negotiation, the dispute is being settled, with the help of “munbattan/munkalun” or mediator, for
the Tuwali tribe. Ayangan tribe called it as “munfattan” or go between person serving as the
mediator.

According to Tayaban’s observation, the settlement starts from the parties who are
involved in a dispute before the elders. If it was not settled through peaceful means, then customary
laws will be used. As per the author, Once the disputing members know that they are kin, the
conflicts can be settled peacefully without the need for applying the customary law.

Before the introduction of the ADR to the Philippines, the indigenous people have been
practicing it as part of their culture. There is also a process and standards to successfully perform
it.

The writer concluded that the three tribes of Ifugao included in this study have more
similarity than differences. The common alternative dispute resolution practices of the Ifugao
tribes are effective even up to date, still alive, applicable, respected by the Ifugao’s having such
unique ways of peacefully settling a case with unbelievable speed and finality. The distinct
indigenous dispute resolution practices of the different tribes of Ifugao are not at present being
practiced but still written and documented as part of the cultural heritage. Thus, it is highly
recommended a written document must be keep in the barangay whenever there is amicable
settlement occurred during the dispute resolution.

7
 PHILIPPINES: Traditional Justice System Used to Resolve Conflicts

A news clip that talks about the traditional practice of justice system in some islands in
Mindanao called Barira and North Upi. They have adopted the indigenous methods of resolving
disputes, resulting in greater judicial transparency, fewer allegations and disputes, less harassment,
and reduced attorney fees according to the Philippine Daily Inquirer.

In Barira, the island is being kept in control due to right management of conflicts, while in
North upi, the island has also a unified and peaceful society even though it is a mixed of Chistians,
Muslims, and Indigenous People called Tiruray. Thereunto, people have created a “tri-people
conflict resolution process” to govern the justice system.

Philippines: The Indigenous Conflict Resolution Practice of the Higaunon Tribe

(Bukidnon, Philippines)

This research explores the indigenous system of conflict resolution of the Higaunon tribe
in Kagahuman, San Luis, Malitbog, Bukidnon, Philippines. The data employed in this study
includes the responses of the members of the tribal council and a part of the barangay council of
San Luis, Malitbog, Bukidnon. The study uses qualitative approach and the data is interpreted by
means of descriptive analysis. The study shows the different cases of social discords by which the
tribal council heard. It also presents the resolution processes, the nature of penalty imposed and
the interface of the tribal council and the barangay (village) justice system vis-à-vis resolution of
conflicts. It also presents the problems encountered by the tribal council in the resolution of
conflicts. The study identifies eight cases of social discord, namely: thievery, fighting, murder,
misunderstandings, adultery, land conflicts, contempt against rituals and conflicts involving rebels.
(Cabanes, 2017). The resolution processes of the Higaunon tribal council varies from one conflict
to another. Upon the filing of a complaint, the tribal council would then schedule the time and
place for hearing the case. Sala (penalty) varies according to the nature of the offense. Conflicts
involving non-Higaunons are resolved by the sitio (zone) representative.

Philippines: A Review of the Traditional Conflict Resolution Practices Among Indigenous

Cultural Communities

This article of Ragandang III (2018), reviews the previous studies related to traditional
conflict resolution practices of different indigenous cultural communities in the Philippines.
Arranged according to tribes from three major island groups of the Philippines (Luzon, Visayas,
and Mindanao), it includes discussion on the system of conflict resolution among tribes, traditional

8
means of conflict resolution among indigenous peoples, and forms and nature of punishments
employed.

CHAPTER III

RESEARCH METHODOLOGIES

This chapter describes the research design, data collection, sampling design, sources of
data and collection, locale of the study, respondents of the study, research instruments, and
statistical treatment of data.

Methodologies

This research used an interview and survey to gather necessary information. The
researchers made some guidelines in order to cater the expected data that can be used as their
strong data on this research.

The researchers used their interpretation to assess the gathered data in accordance with
their desired outcome. Comparative analysis has been done to assess the effectivity and efficacy
of ADR in every barangay in Bamban, Tarlac. Lastly, the researchers used reliable references that
are related with their research objectives.

Research Design

A Qualitative Research that used a Conceptual Framework were used on this research. The
data were gathered through interviews and survey regarding the effective process of ADR in
Bamban, Tarlac. In addition, the researchers processed their gathered data through interpretation
and comparison, and lastly, they have assessed the results.

Data Collection Design

Data collection for this research used an interview and survey to attain the main objectives.
The researchers have done this research through written, group interviews, and oral research.

Here is a diagram that presents the data collection design:

9
Sources of Data and Collection

The sources used were from the local governments in Bamban which were preserved
through time. For this study, the researchers are using two main sources where it is categorized as
the primary source and secondary source.

The researchers used interviews and observation as the primary source. The respondents
have the freedom to speak whenever they feel comfortable.

Secondary sources were also used for this study, the secondary data source of this study
includes the documents that the researcher and respondents use in gathering the data. Secondary
source of data for this study also includes the published books, literature, and related topics to
strengthen the study.

Respondents of the Study

This gathered information from the selected respondents among the selected barangays of
Bamban. 25 individuals who undergone ADR will be the participants for the survey, and 15
officials for the interview. There were prepared questions for the respondents and answered in
group. Some were given time to prepare for their answers—in-depth interviewing.

Research Instruments

The researchers used surveys and questionnaires for the respondents to extract necessary
information. An in-depth interviewing has been done where the questions were given before the
interview. The data were supported by the written documents such as the records of the cases
occurred in the selected barangays in Bamban.

10
 CHAPTER IV

RESEARCH RESULTS AND ANALYSIS

This chapter reviews the results and analysis of the qualitative data, the compilation of the
results from interview and survey—which were mentioned in Chapter 3—are present. The findings
are discussed based on the statement of the problem, from initial knowledge to a more complete
data. Through this chapter, the researchers are hoping that the common weaknesses of the ADR
practice in the municipality of Bamban would be addressed.

4.1. Municipality of Bamban, Tarlac and Its Profile

The southernmost part of the melting pot province of Tarlac in the Central Luzon founded
in 1710, consisting of 15 barangays with 78, 260 residents during the 2020 census (PhilAtlas,
2022).

Here is a summary data of Bamban Tarlac.

SUMMARY DATA OF BAMBAN TARLAC

Type Municipality
Island Group Luzon
Region Central Luzon (Region III)
Province Tarlac
Barangay count 15 barangays
Postal Code 2317
Coastal or Landlocked Landlocked
Marine waterbodies None
Area (2013) 251.98 km2 (97.29 sq. mi.)
Population (2020) 78, 260
Table A. A summary of data in Bamban Tarlac. Retrieved from: https://www.philatlas.com/luzon/r03/tarlac/bamban.html

4.2. Geographic and Demographic Profiles of Barangays in Bamban, Tarlac

Here are the geographic and demographic profiles of the barangays in Bamban, Tarlac.

Barangay Land Area Population Population Population Change Annual

(Size of the percentage (2020) (2020) (2015) (2015-2020) Population
barangay in Growth Rate
)
hectares) (2015-2020)

Anupul 7,920 ha 27.85% 21,794 19,762 10.28% 2.08%

Banaba 56.04 ha 1.42% 1,115 801 39.20% 7.21%

11
 Bangcu 310.14 ha 0.34% 266 191 39.27% 7.22%
Culubasa 371.71 ha 0.55% 434 271 60.15% 10.42%
Dela Cruz 188.12 ha 3.04% 2,381 2,292 3.88% 0.81%
La Paz 57.18 ha 1.72% 1,349 1,135 18.85% 3.70%
Lourdes 560.5 ha 8.52% 6,671 5,420 23.08% 4.47%
Malonzo 427.94 ha 0.05% 40 34 17.65% 3.48%
San
1,426.34 ha 25.27% 19,777 19,739 0.19% 0.04%
Nicolas
San Pedro 205.24 ha 0.61% 480 189 153.97% 21.67%
San Rafael 598.51 ha 3.71% 2,906 2,058 41.21% 7.53%
San Roque 955.91 ha 15.32% 11,986 10,678 12.25% 2.46%
San
20, 149.26 ha 4.82% 3,772 2,676 40.96% 7.49%
Vicente
Santo Niño 905.99 ha 3.09% 2,419 2,111 14.59% 2.91%
Virgen de
los
402.83 ha 3.67% 2,870 2,109 36.08% 6.70%
Remedios
(Pacalcal)
Total 78, 260 69,466 12.66% 2.54%
Table B: Demographic Profiles of Barangays in Bamban, Tarlac 2020 (no update in 2021-2022 due to the pandemic) Retrieved
from: https://www.philatlas.com/luzon/r03/tarlac/bamban.html. Geographic profiles were retrieved from the Bamban Municipal
Hall; May 18, 2022.

During the qualitative gathering of data, the researchers used interview among the officials
each barangay in order to observe their current situation about the practice of ADR. In order to
identify the common flaws of barangays regarding ADR, the researchers made a one-by-one-
interview among the 15 barangays of Bamban. The researchers used specific questions to
individuals to gather the needed information. (See Appendix A for the results)

As clearly seen, the current population each barangay was noted in 2020. Due to pandemic,
there were no updated population per barangay in Bamban.

4.3. Seriousness of the Disputes

In measuring the level or seriousness of the disputes, the researchers conducted a survey to
25 respondents, where they provided a four categories or groups of people that engaged to conflict.
Here is a table that summarizes the total numbers and levels of seriousness in terms of conflict.

12
 4- 1- Not at
5-Very 2- Not too
Somewhat 3- Serious All Total
Serious Serious
Serious Serious
Internal/domestic
0/25 0/25 3/25 18/25 4/25 25/25
conflict

Resident vs.
Resident 2/25 1/25 6/25 13/25 3/25 25/25
Conflict
Resident vs.
Outsider 4/25 2/25 6/25 9/25 4/25 25/25
Conflict
Outsider vs.
Outsider 6/25 0/25 1/25 14/25 4/25 25/25
Conflict
Table C: Survey Results About the Seriousness of the Disputes in Bamban, Tarlac

Formula: Respondents for the level of seriousness/Total number of Respondents X 100.

𝑅𝐴𝐿𝑆
𝐿𝑆 = 𝑥100
𝑇𝑅

LS- Level of Seriousness

RALS-Respondents Agreed to the Level of Seriousness

TR- Total Respondents

Based on the results, for the Internal/Domestic Conflict, very serious gained 0/25 or 0% of
the total respondents, 0/25 or 0% also responded to somewhat serious, 3/25 or 12% of the
respondents agreed that disputes among households are serious, not too serious gained the greatest
number of respondents with 18/25 or 72% of the total respondents, and 4/25 or 16% said that
domestic conflict was not serious at all.

For resident vs. resident level, 2/25 (8%) said that conflicts between residents are too
serious,1/25 (4%) said cases are somewhat serious, 6/25 (24%) said serious, while 13/25 or 52%
among the respondents agreed that the dispute among residents is not too serious, and lastly, 3/25
(12%) said conflicts between residents are not serious at all.

Looking at the conflict between resident and the outsider, 4/25 or a 16% agreed that cases
are very serious, 8% said cases were somewhat serious, 24% said serious, 9/25 (36%) said not too

13
serious, 16% for not serious at all. According to the results, the conflict between resident and
outsider took 48% of the total respondents which is a high percentage in terms of seriousness.

Lastly, the conflict between outsider and an outsider. 6/25 (24%) is a very serious range,
0/25 (0%) responded to somewhat serious, 1/25 (4%) for serious level of conflict, 14/25 (56%)
said conflict between outsiders is not too serious, and 4/25 or 16% agreed for not serious at all.

The responses show how people perceive the level of seriousness in terms of conflicts
among people. During the surveys, the results said the level of seriousness of disputes were not
too serious. The researchers found out that the main cause of disputes were debts, gossips, land
ownership, and defamation. These disputes were resolved in the barangays, where mediation was
the most adopted method of Alternative Dispute Resolution (ADR). To conclude, the seriousness
of the disputes in Bamban were not too serious.

4.4. Number of Cases/Disputes Resolved

This part will discuss the number of cases resolved in the barangays, the years of practicing
ADR, what are the common issues that caused disputes, the adopted methods of ADR, and the
source of knowledge in performing ADR.

During the gathering of data, the researchers conducted interviews to 15 participants which
are the officials among the barangays of Bamban. There were differences seen regarding the years
of practicing ADR and the adopted methods.

Here is a tabulated number of cases resolved per barangay. Take note that the cases were
written in an estimated form, and depend on the size of the barangay and the population.

Barangay Number of Cases resolved

Anupul 3-4 cases yearly
Banaba 5 maximum cases yearly
Bangcu 2-3 cases per year
Culubasa 4 maximum cases per year
Dela Cruz 5 cases per year
La Paz 0-3 cases per year
Lourdes 5-7 cases per year
Malonzo 4-6 cases yearly
San Nicolas 0-2 cases yearly
San Pedro 60 maximum cases per year
San Rafael 10-15 cases yearly
San Roque 0-2 cases yearly
San Vicente 30 cases yearly

14
 Santo Niño 20 cases yearly
Virgen de los Remedios 3-5 cases yearly

The total number of cases resolved each barangay were written on the table. One of the
common problems in all barangays is that there were no detailed records of the cases since they
started practicing ADR (that is why number of cases were written in an estimated number). The
officials submit their individual cases or records to the DILG once a month as their
accomplishment report. This can be a weakness for the practice of ADR.

As written, Brgy. Anupul has 3-4 cases yearly. This estimated number of cases is too low
for a barangay with a population of 21,794 in 2020. This because the barangay officials have
imposed good management. Cases were not too serious.

Brgy. Banaba has 5 maximum cases per year. It has a small land area and population (2020)
that is why disputes are limited. Most of their disputes are debts and riots. And according to the
residents in Banaba, the riots only happen due to drunkenness.

Brgy. Bangcu has 2-3 cases per year. This is a very small rate of cases occur due to the
small population and small land area measuring 310.14 ha as per the Bamban Municipal Data
Office. Minimal disputes occur such as debts. These were resolved using mediation. (See table D)

Brgy. Culubasa has 4 maximum cases per year. Knowing Culubasa has a small population,
but it has more dispute resolution cases than Bangcu. According to the rsidents, Culubasa cases
are mostly outsider vs. residents. Most of them were blotter cases, and were resolved using
mediation. (See table D)

Brgy Dela Cruz has 5 cases per year. It has numerous cases than Brgy. Bangcu and
Culubasa even the population is still numbered in 2020. Debts was the most reason of dispute.
According to the survey, this barangay has a low employment level as well that is why debt issues
occur. To address the disputes, mediation was the adopted method. (See table D)

Brgy. Lapaz has 0-3 cases per year. This because they are not prone in disputes and this
barangay is the most peaceful barangay in Bamban. It has a good barangay management, but
defamation, gossips are unavoidable, and vehicular accident due to very steeply-constructed roads.
Mediation is being used to address these disputes.

Brgy. Lourdes has 5-7 cases per year. It has higher cases than the previous barangays
because of it geographical and demographical sizes which are basically higher than the other. As
a result, more disputes were being catered such as debts. This barangay has a lower employment
rate as per the barangay hall record that is why debts is the primary cause of dispute.

15
 Brgy Malonzo has 4-6 cases per year having a population of 40 in 2020, with a land area
of 427.94 ha. It has a small population yet has a high dispute than bigger barangays. Most of the
cases were debts, and land property issues. Until now, the residents keep on clashing in terms of
land properties.
Brgy. San Nicolas has approximately 0-2 cases yearly. Based on this result, it has a less
tendency of having dispute cases. Although it has a big land area measuring 1, 426. 34 ha, the
barangay has a high employment rate but lies between middle-low-income to low-income-level.
This cause people to commit dispute where debts is the main cause.
Brgy. San Pedro measures 205.24 hectares with an estimated dispute of 60 cases yearly.
This occurred noy because of their population or even their land area. But this happens because of
the residents’ behaviors. As per the residents, most of the case were debts and riots also. The
residents here tend to clash to defend their ego.
Brgy. San Rafael administers ADR for 9 years (see table D) and has 10-15 cases yearly.
According to the officials, land properties, debts, and assault were the common cause of disputes.
The barangay has a population of 2, 906, where 10-15 cases is still high. Mediation is the adopted
method by the barangay.
Brgy. San Roque measures 955.91 ha with a population of 11, 986 (2020). It has
approximately 0-2 cases yearly. Based on the number of disputes, it has a very low cases despite
high population. As per the barangay, the people tend to settle conflict right before the guidance
of the officials. Debt is the most common cause of dispute.
Brgy. San Vicente, located in the peaks of Bamban, land area measures 20, 149.26 ha with
a population of 3, 772. This barangay caters 30 cases yearly, and the common cause was conflict
to land properties. Mostly, residents’ livelihood is farming that is why they tend to have conflict
with land properties. In addition, it has a high cases per year because of land ownership. The main
reason why they have cases of ADR is that, people have no proper titles of land.
Brgy. Santo Niño, having 20 cases yearly due to land properties also. It is also located in
the peaks of Bamban like Brgy. San Vicente. It has a high number of ADR also where mediation
is the adopted method. As of 2020, it has a population of 2, 419 and the main source of livelihood
is farming. They have no titles of land, just rights.
Lastly, Brgy. Virgen de los Remedios which measures 402.83 ha with a population of 2,
870 as of 2020. It caters 3-5 cases yearly which is low. According to the officials, most of their
cases were debts of the residents and outsiders. As a result, the cases of the barangay were not too
serious.
These are the estimated cases per barangay, and the main cause of the disputes. The results
were based on the populations and the land area because these factors affect the frequency and
seriousness of the disputes.
Common Adopted Source of
Years of
Barangay Reasons of Method/s of Knowledge about
Practicing ADR
Disputes ADR ADR.
Seminars (DILG
Anupul 9-10 years Debts Mediation
to LGU)
Seminars from
Banaba 9-10 years Debts, Riot Mediation
DILG
Seminars from
Bangcu 9 years Debts Mediation
DILG
Debts, Blotter, Seminars via
Culubasa 9-10 years Mediation
Gossips online platforms

16
 Seminars from
Dela Cruz 9 years Debts Mediation
DILG
Defamation,
Debts, Land Seminars and
La Paz 9 years Properties, and Mediation Training (DILG
other Vehicular to LGU)
issues.
Seminars and Training
Lourdes 10 years Debts Mediation (DILG to LGU)
Debts, Land Seminar (DILG
Malonzo 9 years Mediation
Properties to LGU)
Seminar (DILG
Advisory to
San Nicolas 9-10 years Debts Mediation
LGUs via zoom
yearly)
Seminar (DILG
San Pedro 9 years Debts Mediation
Advisory)
Land Properties,
Debts, Mediation, and Seminars from
San Rafael 9 years
Assault/Physical Conciliation DILG
Injury
Seminars from
San Roque 8-9 years Debts Mediation
DILG
Seminars/Webina
r (DILG
San Vicente 10 years Land Properties Mediation
Advisory to
LGUs)
Seminars from
Santo Niño 9-10 years Land Properties Mediation
DILG
Virgen de los Seminar (DILG
9 years Debts Mediation
Remedios to LGU)
Table D: Data Regarding the Number of Disputes Resolved Per Barangay Monthly.

As appeared in the results, the barangays of Bamban, Tarlac perform ADR for at least 8-
10 years. They have encountered numbered cases with almost similar cause of disputes.

Debts and Land Properties are the most common cases. Among the 15 barangays 13/15 or
86.67% main reason of recurring disputes is debt, followed by land properties’ issues, next is
defamation and gossip. But according to the officials, they label these disputes as not too serious
cases where they were catered using mediation. Furthermore, as per the barangay officials who are
administering ADR to the disputes, mediation is the fastest and easiest method of ADR (see table
D for the adopted method of ADR).

4.5. Level of Income Among Residents of Barangays

As what was mentioned before, mediation is a method of Alternative Dispute Resolution

(ADR) that is being guided by a mediator where both parties are completely and actively
participating to understand clearly the issue and able to drive into resolution. (FINRA, 2022).
Sometimes, a party demands for financial resolution, which will be delivered by the mediator to

17
the other party. This usually occurs due to the economical status or the level of income of the
residents. This is a prevailing issue occurs in the Barangays of Bamban, Tarlac.

Here is a summary of the results in the levels of income of the residents in the different
barangays in Bamban. This was conducted to 25 individuals in different barangays.

4- Moderately 2- Moderately
5- High Income 3- Middle Income 1- Very Low-
High-Income Low-Income
Level Level income Level
Level Level

0/25 (0%) 1/25 (4%) 14/25 (56%) 3/25 (12%) 7/25 (28%)
Table E: Economic or Income Level of the Residents

Based on the results, the middle-income level, moderately low-income level, and the very
low-income level signify that the residents have an average to poor income level which could be
the reason to demand for financial support during the mediation process.

For High Income Level, no one of the respondents agreed that residents of the different
barangays have this level of income. On the other hand, 4% of the respondents agreed that
Moderately-High-Income-Level occurs to people.

However, the average level to poor gained the high percentage. To sum up, 96% agreed
that residents have middle income level to insufficient. Also, according to the respondents,
farming, and construction laboring are the majority’s source of income that is why debt was the
common cause of dispute (see table D, page 15). This perhaps the cause why debt is one of the
major reasons why disputes occur. This is how the income level of the residents in Bamban were
described.

4.6. Barangays Source of Knowledge Regarding ADR

In terms of their background about ADR, the officials undergone seminars at least once or
twice in every year, even during pandemic they still do via online platforms (zooms etc.).
According to them, the practice of ADR to address disputes was a memorandum order from the
Department of Interior and Local Government (DILG) which was passed to the Local Government
Units (LGUs)—Municipals, which later passed to the barangay chieftains or captains. “Katarungan
sa Barangay” was the theme last year’s seminar as mentioned by the officials in Barangay
Culabasa.

*** The latest update about the training and seminar of Alternative Dispute Resolution
(ADR) which was released by the DILG was on the 28 th of April 2022. (DILG, 2022) For more

18
information, visit https://www.dilg.gov.ph/issuances/mc/Participation-and-Attendance-of-
Punong-Barangays-Barangay-Secretaries-Members-of-the-Lupong-Tagapamayapa-and-other-
Barangay-Officials-to-the-Online-Webinar-Series-OWS-Season-3-Episodes-1-to-10-on-
Alternative-Dispute-Resolution-ADR-Mechanisms-and-Katarungang-Pambarangay-for-
Calendar-Year-CY-2022/3546 ***

4.7. Quality of Alternative Dispute Resolution in Bamban, Tarlac

After the laborious process of documenting the ADR in Bamban, the researchers have
understood the reason why there are recurring and similar cases of disputes among the residents
of the barangays in Bamban. Now, the researchers would say that the cases were managed by the
officials for they have the knowledge to do so. It is clearly seen that the government kept in touch
with the local government through seminars and trainings provided by the DILG.

The ADR performances per barangay were strong and effective, for they were able to
manage a lot of cases. Mediation and Conciliation were the adopted methods of ADR in Bamban,
Tarlac and they work better into the cases. The researchers also observed the proficiency of the
officials who administer the disputes. According to the interviewed officials, a dispute usually
takes a day or two only. That signifies that the officials have the supremacy to handle the behavior
of the parties. There are some cases that the process of ADR in some barangays are stagnant due
to the passivity of the parties and so much demands.

Here is a summary of the effectiveness of ADR in Bamban conducted to 25 individuals

who undergone intervention using ADR, where mediation, arbitration, and conciliation are above
average when it comes to performance.

4-
5- Highly 2- Usually 1- Highly
Moderately 3- Effective
Effective Not Effective Not Effective
Effective
Mediation 23/25 2/25 0/25 0/25 0/25
Arbitration 13/25 11/25 1/25 0/25 0/25
Conciliation 12/25 11/25 2/25 0/25 0/25
Table F: Summary of the effectiveness of ADR conducted in Bamban

Based on the results of the survey, mediation, arbitration, and conciliation appeared highly
effective to the people who undergone ADR.

19
 For mediation, 92% of the respondents agreed that it is highly effective, while the
remaining 8% still says it is moderately effective. We can say that mediation is being acknowledge
by the residents who undergone ADR services, and they say it was effective.

For arbitration, 52% said it is highly effective, 44% for moderately effective, and4% for
effective. Based on these results, we can say that arbitration is known and being used in ADR
cases.

Lastly, conciliation has been using by the barangays to settle disputes. The residents
recognize it as highly effective with 48% responses, 44% of them said it was moderately effective,
and lastly 8% of them said it was effective. At the end, conciliation is effective just like the other
methods of ADR.

To conclude, no negative feedbacks were seen from the results. This signifies that the
practice of ADR has been performing well, whereas mass number of the participants agreed that
these methods of ADR are effective.

Alternative Dispute Resolution (ADR) in Bamban, Tarlac has become a usual activity to
the officials. Disputes are unanticipated; hence the officials are always prepared to make
interventions. A continuous practice of ADR is important to attain a highly proficient performance
of ADR in the Municipality of Bamban, Tarlac.

4.8. Strengths and Weaknesses of ADR and Interventions in Bamban, Tarlac

Through a persistent observation, the researchers found the strengths, and possible
weaknesses of ADR in Bamban. Here are some of the common strengths and weaknesses occur in
the practice of ADR.

Strengths

1. Obedience to the order of the DILG—officials who are administering ADR were great
in terms of settling disputes. The rely their practice according to the order of the DILG, and they
use different methods of ADR such as mediation, arbitration, and conciliation.

2. Power and Authority—officials may have the ability to manage such disputes, for they
have the power. They were able to control the behaviors of the disputing parties and bring them to
settlement. Through good relationship with the people also, they are able to connect and pacify
such unpleasant behaviors. For instance, during the interview the researchers have witnesses a

20
dispute being catered in Brgy. San Roque where parties keep on cursing each ither. But when the
chieftain came, they were asked to settle down for they will be having the grounds, and they
obeyed.

3. Consistency of Trainings and Seminars—through a consistent seminars and training,

the officials are getting more proficient and able to grow their skills in settling disputes. Everything
that the officials learned about ADR were from the training and seminars/webinars by the DILG.

Weaknesses

1.Weak Documentation—most of the barangays do not have a detailed documentation or

collection of records of the disputes. They tend to submit each case record to the DILG. This may
turn to a weakness for they may not have the proof of resolved disputes.

2. Inactive Participation of the Disputing Parties—even there is an authority and power

of the officials, some cases do not come to plan, because sometimes parties do not attend summon
from the barangay. This may become a weakness because cases might not be resolved immediately
and they might turn clogged.

3. Involvement of Money—some dispute cases in Bamban, Tarlac involved money. A

party seldom ask for compensation, where in the other party could not meet the demand. The
tendency is that the case could not be settled immediately. This happened in Brgy. Anupul,
Bamban, Tarlac.

Interventions for Weaknesses

The officials shall manage to document the total cases in their barangays, for they will be
asked by the future researchers about it. Another, through having a strong way of documenting the
disputes, the barangays will have a better profile in terms of ADR.

For those who do not attend and conform the order of the officials, they shall have sanctions
or grounds. It is not a good attitude for dispute resolution to ignore such intervention for the issue.

Lastly, officials shall limit the people who demand for money from those incapables into
compensation of a dispute. Officials shall have the basis or standards for demanding money.

These are just some of the perceived strengths and weaknesses of ADR in Bamban, Tarlac.

21
 CHAPTER V

SUMMARY, CONCLUSIONS, IMPLICATIONS, AND RECOMMENDATIONS FOR

FURTHER STUDIES

This chapter is presented in four (4) sections. The first section contributes to the overall
summary of the research followed by the summary of the findings and their conclusions.
Subsequent to this are the implications of the study, and followed by the recommendations for the
problem and for further studies.

5.1. Summary

Alternative Dispute Resolution has been a practice for several years in the Municipality of
Bamban, Tarlac. The municipalities were given an ordinance from the Department of Interior and
Local Government to disperse the idea of practicing ADR in the barangays.

The findings showed that there are prevailing factors why disputes occurred. As mentioned
earlier, population (see p.12 table B), properties (see pp. 14-15 table D), and economic status/level
of income (see p. 16 table E) are some of the most common issues among the people of Bamban
that caused disputes.

To make an intervention, the Local Government Units (LGUs) conformed with the
memorandum order from the DILG to teach small barangays how to settle disputes using ADR.
Mediation, Arbitration, and Conciliation were the adopted methods of ADR in Bamban, Tarlac.

5.2. Conclusions

At the end of this study, the researchers found out that the practice of ADR each barangay
in Bamban, Tarlac is being supported by the government. Seminars and trainings were offered to
keep ADR in good function. In addition, the officials who administer ADR were skilled where
they possess authority to manage such cases. They were also accommodating, so the parties come
up with the agreement immediately.

The researchers also found out that the level of disputes in barangays were not too serious
(see page 13, table C), where in fact these were settled during a day or two. Economic/ Income
Level of the people was one of the factors why debt has the largest part into the causes of
disputes.

22
 To assess, the Bamban Municipality has a good background in managing disputes using
ADR. They keep learning and developing their techniques and skills for better.

5.3. Implications

The findings of this study may contribute to the residents (1) that ADR exists where
disputes may be resolved in the barangays. (2) There are better ways to deal with disputes, and
always keep calm. (3) Another, debt as the major issue of dispute. Through this study, the
municipality shall spend time dealing with the level of income of the people to ease the range of
debts. Offering opportunities would probably help them to lessen the cases of debt in the disputes.
(4) To the officials who are administering the ADR, a continuous practice and training are
necessary to better handle the cases. (5) Lastly, conformity with the authority shall be practiced,
to resolve disputes immediately.

5.4. Recommendations

At the end of this study, the researchers found out that there was a good practice of ADR
in Bamban Municipal. Regarding with the disputes and interventions, the officials shall be given
more trainings about ADR, so they will be more proficient. Economic Status of the residents shall
be considered as well to control the recurring issues such as debt, defamation, and more. Although
the cases were not too serious (based on the results), the officials shall take their duties
wholeheartedly, with passion and dedication.

For the residents who are being indulged into debt issues, avoid lending money from others
and work to earn for living. In order to combat with the prevailing problem of ADR case (debt),
people shall learn to work double and will earn double.

For those who are indulged into land ownership issues, they shall have the basis to own the
land like titles. Everything shall be based on the legal basis.

After writing this study, the researchers would like to suggest a future studies regarding
ADR in Bamban whether there are common flaws occurred and what are the possible
interventions. Addition to this, is there any re-enhancement activity to be done regarding ADR?

23
Bibliography

Benerjee, Ishaan. An Introduction to Alternative Dispute Resolution. Pleaders: Intelligent Legal

Solutions. (2020). Accessed November 22, 2021. Retrieved from: https://blog.ipleaders.in/an-
introduction-to-alternative-dispute-resolution/?fbclid=IwAR3qTpv61T_my6shjZV2tW-
ybS1ioSfdsa7Pe24fCHtKLdT4-c9xdLMMQZo

Ragandang III, Primitivo. Philippines: The Indigenous Conflict Resolution Practice of the
Higaunon Tribe (Bukidnon, Philippines). April 2017, Issue 19, p65-84. 20p. Retrieved from:
https://web.a.ebscohost.com/abstract?direct=true&profile=ehost&scope=site&authtype=crawler
&jrnl=22857605&AN=122356382&h=lpjh28HFbxbcqWu2G76mIAo%2fkav5qIcTQ9D7f%2bB
lGNMHBVnf1kDRitNXwvk76yI%2bVWFYrtX6CpX3a%2fH9lEW4eg%3d%3d&crl=c&result
Ns=AdminWebAuth&resultLocal=ErrCrlNotAuth&crlhashurl=login.aspx%3fdirect%3dtrue%26
profile%3dehost%26scope%3dsite%26authtype%3dcrawler%26jrnl%3d22857605%26AN%3d1
22356382

Ragandang III, Primitivo. Philippines: A Review of the Traditional Conflict Resolution Practices
Among Indigenous Cultural Communities. April 10, 2018, pp. 79-90. Retrieved from:
https://www.researchgate.net/publication/324911820_Philippines_A_Review_of_the_Traditional
_Conflict_Resolution_Practices_Among_Indigenous_Cultural_Communities

Carver, Todd and Albert Vondra. Harvard Business Review. Alternative Dispute Resolution: Why
It Doesn’t Work and Why It Does. Accessed November 20, 2021. Retrieved from:
https://hbr.org/1994/05/alternative-dispute-resolution-why-it-doesnt-work-and-why-it-does

“Cultural Survival.” Google. (Last Modified 2021). Retrieved from:

https://www.culturalsurvival.org/news/philippines-traditional-justice-system-used-resolve-
conflicts

“LawPhil Project (Philippine Laws and Jurisprudence and Databank). Twelfth Congress of the
Third Regular Session: Institutionalizing the Use of ADR in accordance to the RA. No. 9285.
Google. July 28, 2003. Accessed on November 20, 2021. Retrieved from:
https://lawphil.net/statutes/repacts/ra2004/ra_9285_2004.html

“Miller Law”. Forms of Alternative Dispute Resolution. Last Modified March 17, 2020. url:
https://millerlawpc.com/alternative-dispute-
resolution/?fbclid=IwAR14TMa1vF4rqQdN2y6hEPyfHBwlqdkgz9_nKQ2Rr2CG4PCS2NHHV
xUo8cY

24
Mnookin, Robert. Alternative Dispute Resolution. NELLCO Legal Scholarship Repository
(Harvard Law School). 1998. Accessed November 21, 2021. Retrieved from:
https://www.researchgate.net/publication/30504345_Alternative_Dispute_Resolution?fbclid=Iw
AR3Lfl44ZCfIn9rsr8PBMMtW5FlwADUOPPQhH0yljf5ejQUIvZo_7YeWHl8

National Paralegal College: Law Shelf Educational Media. Introduction to Alternative Dispute
Resolution. Modified 2021. Date accessed November 20, 2021. Retrieved from:
https://lawshelf.com/shortvideoscontentview/introduction-to-alternative-dispute-resolution

Neil Mirchandani and Suzanne Tager (Hogan Lovells). Implementing an Effective Dispute
Resolution Strategy Which Promotes the Use of ADR. pp. 16-16. March 28, 2019. Accessed
November 21, 2021. Retrieved from: https://www.mondaq.com/uk/arbitration-dispute-
resolution/793798/implementing-an-effective-dispute-resolution-strategy-which-promotes-the-
use-of-adr

Philippine ADR Review”. Philippine Dispute Resolution Center Inc. (PDRCI). Last modified
December 2013. p. 2. Date accessed: November 20, 2021. Retrieved from:
http://www.pdrci.org/web/wp-content/uploads/2015/12/2013-12-Philippine-ADR-Review.pdf

Tayaban, Warren. Qualitative Analysis of Amicable Settlement for Dispute Resolution of Ifugao
Tribes. Journal of Critical Reviews, Vol. 7., ISSN- 2394-5125. (2020). pp. 1-2. Accessed
November 22, 2021. Retrieved from: http://www.jcreview.com/fulltext/48_v1.pdf

Windsor Law: Stitt Feld Handy Group. Why Use Alternative Dispute Resolution (ADR) Instead of
Litigation. Google. 2021. Retrieved from: https://sfhgroup.com/why-use-alternative-dispute-
resolution-adr-instead-of-litigation/

PhilAtlas. “Bamban, Tarlac Profile”. Google. Last modified 2022. Retrieved from:
https://www.philatlas.com/luzon/r03/tarlac/bamban.html

FINRA Dispute Resolution Services. Google. Last Modified 2022. Retrieved from:
https://www.finra.org/arbitration-mediation/mediation-
process#:~:text=Mediation%20is%20an%20informal%20and,and%20move%20closer%20to%2
0resolution.

Department of Interior and Local Government. “Google Privacy Policy”. Google. Last Modified
2013. url: https://www.dilg.gov.ph/issuances/mc/Participation-and-Attendance-of-Punong-
Barangays-Barangay-Secretaries-Members-of-the-Lupong-Tagapamayapa-and-other-Barangay-

25
Officials-to-the-Online-Webinar-Series-OWS-Season-3-Episodes-1-to-10-on-Alternative-
Dispute-Resolution-ADR-Mechanisms-and-Katarungang-Pambarangay-for-Calendar-Year-CY-
2022/3546

26
VI. Definition of Terms

Alternative Dispute Resolution (ADR). Is the procedure for settling disputes without litigation,
such as arbitration, mediation, or negotiation. ADR procedures are usually less costly and more
expeditious. They are increasingly being utilized in disputes that would otherwise result in
litigation, including high-profile labor disputes, divorce actions, and personal injury claims.
(Retrieved from: https://www.findlaw.com/hirealawyer/choosing-the-right-lawyer/alternative-
dispute-resolution.html)

Arbitration. Is a procedure in which a dispute is submitted, by agreement of the parties, to one

or more arbitrators who make a binding decision on the dispute. (Retrieved from:
https://www.wipo.int/amc/en/arbitration/what-is-arb.html

Barangay. It is the smallest social and political unit of society.

Dispute. To engage in argument.

Litigation. It is an act or practice of settling a dispute in a court or law. (Retrieved from:

https://www.merriam-webster.com/dictionary/litigation)

Mediation. It is a conflict resolution process in which a neutral mediator assists the parties
through constructive discussion and negotiation of their issues in order to reach a mutually
acceptable resolution. (Retrieved from: https://www.ncrconline.com/mediation-conflict-
resolution/what-mediation)

Negotiation. Defined as any form of direct or indirect communication whereby parties who
have opposing interests discuss the form of any joint action which they might take to manage
and ultimately resolve the dispute between them. (Retrieved from:
https://www.justice.gc.ca/eng/rp-pr/csj-sjc/dprs-sprd/res/drrg-mrrc/03.html)

27
28