GRADUATE SCHOOL

General Luna Road, Baguio City Philippines 2600

Telefax No.: (074) 442-3071 Website: www.ubaguio.edu E-mail Address: ub@ubaguio.edu

CASE ANALYSIS
Instruction: Research and analyze each case study, then answer the corresponding questions.

CASE 1: War on Drugs (Ongoing): The Philippine government's controversial anti-drug

campaign has resulted in thousands of deaths, primarily in impoverished urban areas.
Questions to answer:
1. How do extrajudicial killings exemplify due process violations within the criminal justice
system, and what are the disproportionate consequences for marginalized communities?
Answer:
Extrajudicial killings exemplify due process violations within the criminal justice
system in several ways. The first is that it violates the legal system, depriving persons of
their right to an impartial trial by killing them outside of the court process. This breaches
the fundamental concept of due process, which states that persons must be given the
chance to defend themselves before the court of law prior being deprived of life or
liberty. Second, they tend to be carried out by government authorities, which include the
police or military, with no legal permission or justification. This is an exploitation of
authority and a breach of the state's duty to protect its people' rights and guarantee that
justice is administered in accordance with correct legal processes. Third, there is a lack
of investigation and liability, since violators are not held responsible for their actions in
the criminal justice system. This promotes a culture of injustice and degrades public
confidence in the administration of law. Fourth, it negatively impacts marginalized
populations such as political dissidents, human rights advocates, and ethnic minorities.
This subjective enforcement of justice based on identification or political affiliation
opposed the principles of impartiality and equal protection under the law. Finally, the
carrying out of penalties, such as death sentences, must adhere to the legal processes
regulating contemporary criminal proceedings. Extrajudicial killings circumvent this
system, depriving individuals of the opportunity to appeal or seek clemency, infringing on
their constitutional due process rights.
On the other hand, extrajudicial killings greatly impact marginalized communities
by resulting in loss of life, dispersion of fear and intimidation, undermining trust in law
enforcement, furthering marginalization, promoting lawlessness and injustice, and
causing societal divisions and indignity. These killings target people from underprivileged
groups, inflicting misery on families and communities. The absence of responsibility
impairs discrimination and prejudice, hindering collaboration and social integration.

2. In what ways do social factors like poverty and lack of opportunity contribute to drug use,
and how can the availability and effectiveness of rehabilitation programs impact this
dynamic?
Answer:
Poverty and lack of opportunity usually contribute to drug use because
socioeconomically disadvantaged families often have many difficulties that come with
the experience of being poor like job instability or unemployment, insufficient or
fluctuating income, higher risk of negative life experiences such as domestic violence or
divorce, neighborhood violence. In these unfortunate experiences they tend to consider
illegal drugs as a way to escape the harsh realities of dealing challenges and pressure in
their daily lives. Because of hopelessness, unaddressed frustrations, and helplessness,
they are being tempted into drug as their way to cope or escape. This is also due to the
influence of their peer, since marginalized communities are be likely to be the targeted
hub of this illegal activities. Hence, they are being targeted as susceptible and
vulnerable to substance abuse that ironically will worsen their current situations.
On the other hand, through effective rehabilitation programs, this dynamic can be
impacted. Through the availability of support, treatment and resources, individual
struggling drug use can be given the necessary support, treatment or resources tailored
to their needs. In these programs, they can have access to proper and thorough
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General Luna Road, Baguio City Philippines 2600
Telefax No.: (074) 442-3071 Website: www.ubaguio.edu E-mail Address: ub@ubaguio.edu

interventions to overcome their addiction and deal with the underlying causes it. These
may include therapy, counseling, and medical assistance that is tailored to their specific
needs targeting their physiological, psychological, and emotional aspects that caused
addiction. Furthermore, these programs provide a helpful and caring environment where
individuals may seek community, support, and guidance. They help individuals in
restoring their lives, improving their self-worth, and discovering positive ways to deal with
difficulties in life without turning to drug use.

3. How does the campaign disproportionately impact Indigenous communities?

Answer:
As thousand of people are being killed since the launch of the said campaign,
overwhelming majority of these killings have not been properly investigated. With this
situation, Indigenous communities are surely impacted. Since people belonging to
minority groups tend to be vulnerable to discrimination, stigmatization and
marginalization, they may often face significant difficulty in accessing justice within the
context of this campaign. Hence, they will mostly likely to be underrepresented, may
face cultural biases, and injustices. This can result to partial and unequal protection
under the law. Moreover, as reports indicate that they are targeted to higher rate of
arrest, this disproportionated conducts of the law enforcement authorities may lead to
environment of fear and intimidation that leads to distrust. Furthermore, the underlying
challenges they are facing may be overshadowed by the campaign that will result now to
disruption of their traditional way of living which will cause displacement and loss of
cultural identity.
CASE 2: Moro Islamic Liberation Front (MILF) Peace Process (Ongoing): The decades-
long conflict between the Philippine government and Muslim separatist groups in Mindanao
Questions to answer:
1. What are the social, economic, and political consequences of the conflict-driven criminal
activities in the affected urban areas?
Answer:
The consequences of the conflict-driven criminal activities in the affected urban
areas in terms of social are: climate of violence and insecurity that leads to fear and
trauma among affected residence; affected communities may face displacement and
disruption of daily life which will impact social cohesion and stability; and human rights
abuses. Moreover, in terms of economic consequences like: disruption of economic
activities leading to loss of livelihoods; reduced of investment since investors will be
afraid to come; and economic stability that will worsen the living conditions of the
affected communities; and the economic implications of the conflict may worsen wealth
gaps in cities, with underprivileged people suffering a majority of the financial strain.
Furthermore, political consequences are: contribute to political instability, eroding trust in
government and holds back efforts to achieve peace and reconciliation; and it may
complicate peace processes and negotiations, creating obstacles to reaching
sustainable solutions to the conflict and addressing the causes of violence.

2. What are the potential risks and challenges associated with the urban displacement of
individuals and families affected by the conflict?
Answer:
The following are the potential risks and challenges, but not limited to:
 The direct impact of this conflict is the considerable risk to children, who are
constantly exposed to injury and even death being caught up in armed
conflict;
 It also indirectly drives protection risks as it disrupts the protective
environment for children, impacting on the ability for parents / carers to meet
the needs of their children;
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Telefax No.: (074) 442-3071 Website: www.ubaguio.edu E-mail Address: ub@ubaguio.edu

 It also impacts negatively on the broader systems of protection for children,

disrupting their access to schools, health clinics and social welfare programs;
 When evacuations happened quickly and unexpectedly, and in the process of
moving, some members of the family may be left behind or separated;
 Limited access to education and economic opportunities;
 Displacement can also exacerbate drivers of child marriage; child labors;
 Exposure to the risk of recruitment by armed groups – particularly males –
through being in an unstable situation in which they may be experiencing a
sense of resentment toward Government armed forces who they see as
responsible for their situation of displacement;
 Residing in evacuation centers are at risk of sexual exploitation and abuse,
sometimes triggered by the lack of family friendly spaces and facilities; and
 Displacement can compound the more immediate triggers of family violence,
including income distress, and emotional stress, perhaps placing displaced
families (women and children in particular), at greater risk of family violence.

3. What are the specific challenges in achieving justice, reconciliation, and sustainable
peace in a multicultural context like Mindanao?
Answer:
The following are the challenges, but not limited to:
 The failure to address the Mindanao peoples legitimate struggle for their ‘right
to self-determination, dignity and governance;
 There is massive and depressing poverty and economic inequity, particularly
in the distribution of wealth and control over the resource base for livelihood;
 There are structural inequities in the political system, including control by an
elite minority, traditional politicians and political dynasties, and enforcement
of such control though private armies;
 Rampant injustices, abuse of those in authority and power, violations of
human rights; and inequity, corruption and delays in the administration of
justice;
 Pervasiveness of poor governance, including lack of social services,
absenteeism of elected local officials, corruption and inefficiency in
government bureaucracy, and poor implementation of laws, including those to
protect the environment; and
 Illiteracy rates are high.

4. How can culturally sensitive approaches to justice and reconciliation be developed and
implemented to address the diverse needs and perspectives of different ethnic and
religious groups involved in the conflict?
Answer:
To develop and implement culturally sensitive approaches to justice and
reconciliation, it's important to consider the diverse needs and perspectives of different
ethnic and religious groups involved in the conflict. One way to start is by collaborating
with different governmental and non-governmental institutions in conducting research to
delve the underlying issues. This will reveal underlying issues and enable identify
suitable remedies. Also, engaging in meaningful dialogues with representatives from
each group to grasp their cultural values and historical experiences. To address the
diverse needs and perspectives, it is important to create safe and inclusive spaces
where all groups can express themselves, involving community leaders, religious
figures, and cultural experts. Additionally, it is highly encouraged to conduct information
dissemination and awareness about different cultures and religions to foster
understanding and empathy among the groups. Furthermore, it is essential to ensure
that justice and reconciliation processes are transparent, impartial, and fair, providing
equal access to legal representation and promoting accountability. Implement
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General Luna Road, Baguio City Philippines 2600
Telefax No.: (074) 442-3071 Website: www.ubaguio.edu E-mail Address: ub@ubaguio.edu

mechanisms for reparations and rehabilitation that address the specific needs of each
group. Lastly, continuously evaluate the effectiveness of the approaches and involve all
stakeholders in the decision-making process.
By following these steps, we can develop and implement culturally sensitive
approaches to justice and reconciliation that respect the diverse needs and perspectives
of different ethnic and religious groups involved in the conflict.
CASE 3: Hacienda Luisita Massacre (2004): Sugarcane workers protesting for land reform in
Tarlac province were fired upon by security forces, resulting in multiple deaths.
Questions to answer:
1. What are the underlying factors that led to the land reform protests by sugarcane
workers in Tarlac province?
Answer:
The land distribution scheme in Hacienda Luisita, known as the DAR land
distribution scheme, is a typical program of state-led land reform in a highly stratified
society like the Philippines. However, its implementation has been marred by dubious
irregularities that have disadvantaged and swindled the supposed beneficiaries. These
irregularities include:
 questionable names being inserted into the master list of beneficiaries;
 the procurement of a dubious and overpriced land survey;
 the exclusion of hundreds of hectares of agricultural land from distribution;
 the imposition of compulsory signing of promissory notes for amortization
payments;
 the grant of overpriced landlord compensation to the HLI/Cojuangco-Aquinos;
 incompetent facilitation of the audit of Hacienda Luisita, Inc (HLI) and Cojuangco
firm, Centennary Holdings, Inc. (CHI) assets;
 passionate justification of Cojuangco-Aquino claims over agricultural lands in
Tarlac City;
 there has been inaction on the farmworkers' appeal for the revocation of the
conversion order on 500 hectares (Rizal Commercial Banking
Corporation /Luisita Industrial Park Corporation);
 there has been the imposition and promotion of the block farming scheme as a
"support service" to serve landlord interests.
All of these events have occurred while the majority of the contested lands were
already pawned to middlemen since 2002, creating a tragic situation. These irregularities
and actions have undermined the intended purpose of the land distribution scheme and
have resulted in the disenfranchisement and exploitation of the supposed beneficiaries.

2. What are the broader implications of the Hacienda Luisita Massacre for addressing class
conflict, labor rights, and the use of force in addressing social protests?
Answer:
The Hacienda Luisita Massacre has broader implications for addressing class
conflict, labor rights, and the use of force in addressing social protests. Here are some
key implications:
 Class conflict: The massacre highlighted the deep-rooted class conflict between
landowners and agricultural workers. It brought attention to the unequal
distribution of resources and power, and the need for equitable land reform to
address social and economic disparities.
 Labor rights: The massacre shed light on the violation of labor rights and the
exploitation of agricultural workers. It emphasized the importance of protecting
workers' rights, including fair wages, safe working conditions, and the right to
organize and bargain collectively.
 Use of force: The use of force during the Hacienda Luisita Massacre raised
concerns about excessive and disproportionate use of force by authorities in
handling social protests. It underscored the need for peaceful and respectful
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General Luna Road, Baguio City Philippines 2600
Telefax No.: (074) 442-3071 Website: www.ubaguio.edu E-mail Address: ub@ubaguio.edu

dialogue between authorities, protesters, and stakeholders to resolve conflicts

without resorting to violence.
 Social protests: The massacre highlighted the significance of social protests as a
means for marginalized communities to voice their grievances and demand
justice. It emphasized the importance of creating spaces for peaceful expression
and ensuring that protesters' rights are protected.
 Policy and legal reforms: The tragedy prompted calls for policy and legal reforms
to address land distribution, labor rights, and the protection of marginalized
communities. It emphasized the need for comprehensive agrarian reform policies
and legislation that prioritize the welfare and rights of agricultural workers.

Overall, the Hacienda Luisita Massacre serves as a reminder of the ongoing

challenges in addressing class conflict, labor rights, and the use of force in social
protests. It highlights the importance of pursuing social justice, equitable reforms, and
peaceful resolution of conflicts to create a more inclusive and just society.

3. How did the Hacienda Luisita Massacre impact the Aeta indigenous group living on the
hacienda?
Answer:
The Hacienda Luisita Massacre had an impact on the Aeta indigenous group living on
the hacienda in the following ways:
 Displacement and Vulnerability: The violence and unrest surrounding the
Hacienda Luisita Massacre may have led to increased displacement and
vulnerability for the Aeta indigenous group living on the hacienda.
 The presence of military, armed private security, and police during the protests
and subsequent events could have created an environment of fear and insecurity
for the Aeta community.
 Human Rights Violations: The militarization and use of force during the protests
and the subsequent crackdown may have resulted in human rights violations that
could have affected the Aeta indigenous group, including threats to their safety,
well-being, and rights.
 Land Rights and Access: The land reform disputes and the aftermath of the
massacre, including the revocation of the Stock Distribution Option (SDO)
agreement and the distribution of land among farm workers, could have
implications for the land rights and access of the Aeta indigenous group living on
the hacienda.
 Changes in land ownership and distribution may have impacted their traditional
territories and livelihoods.
 Social and Cultural Impact: The unrest and violence surrounding the Hacienda
Luisita Massacre could have had social and cultural impacts on the Aeta
indigenous group, potentially disrupting their community cohesion, cultural
practices, and way of life
 The militarization and violence in the area may have also affected their sense of
security and well-being.

In summary, the Hacienda Luisita Massacre likely had repercussions on the Aeta
indigenous group living on the hacienda, including potential displacement, human rights
violations, impacts on land rights and access, and social and cultural disruptions. The
events surrounding the massacre may have created challenges and vulnerabilities for
the Aeta community, highlighting the broader implications of conflict and violence on
indigenous groups in the region.