省邦托省塔鲁宾市塔鲁宾区Ato作为司法机构的痕迹

Alexander G. Killip
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引用次数: 2

摘要

Ato展示了科迪勒拉地区土著政治制度的存在,特别是在Mt. Province,它反映了文化模式、政治进程和基于他们的习惯法的社区权利假设,这些习惯法允许土著人民实现有意义的自决。研究者希望通过公共行政和司法实践来确定和了解ato作为一个司法机构在lonon的痕迹。研究人员利用定性方法和描述性设计来了解Lupon成员通过他们的个人信仰系统和对目前在社区中实施的习惯法的知识所传达的看法和信仰。五(5)名Lupon成员和三(3)名村官讨论了Lupon现有的司法和行政实践。研究发现,ato作为一个司法机构在隆市的踪迹主要集中在涉及政策实施和评估过程的公共行政实践上,如村长对条例的审查、村委会发布条例以及村长挨家挨户的信息发布。另一方面,没有标准化的工具来评估正在实施的政策,但通过村长的观察来评估lon的有效性。联合国的司法实践包括解决冲突和实施制裁。欧盟解决冲突的司法实践遵循一系列审判程序;第一种是村调解委员会的私人调解过程,只涉及村官员和冲突各方;二是由lon成员通过仲裁对冲突进行公开审判。司法制裁的适用范围包括金钱、个人物品、财产、牲畜等罚款和社区服务。总的来说,在裁决案件时使用习惯法得到了人民的高度接受,这使得社区长老作为Lupon成员的作用非常重要。
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Traces of Ato as a Judicial Institution in the Lupon of Talubin, Bontoc, Mt. Province
Ato shows the existence of the indigenous political institution in the Cordillera specifically in Mt. Province that reflects the cultural patterns, political processes, and assumptions of rights of the community based on their customary laws that allow the indigenous people to achieve meaningful self-determination. The researcher wanted to determine and understand the traces of ato as a judicial institution in the Lupon through its public administration and judicial practices. The researcher made use of qualitative approach and descriptive design to understand the perceptions and beliefs of the Lupon members conveyed through their personal belief systems and knowledge on the customary laws which are currently being implemented in the community. Five (5) members of Lupon and three (3) barangay officials discussed the existing judicial and administrative practices of the Lupon. The study found out that the traces of ato as a judicial institution in the Lupon focus on the public administration practices that involve the processes of implementing and evaluating of policies such as the review on the ordinance by the barangay captain, posting of ordinance in the barangay hall and the house-to-house information dissemination by the tanods. On the other hand, there is no standardized tool in evaluating the policies being implemented, but the effectivity of the lupon is evaluated through the observation of the barangay captain. The judicial practices in the Lupon include conflict resolutions and imposition of sanctions. The judicial practices on conflict resolution in the Lupon follow a series of trial procedures; first one is the private mediation process of the barangay mediation council that involves only the barangay officers and the conflicting parties; and, the second one is the public trial of the conflict through arbitration by the Lupon members. The judicial practices on imposing sanctions include fine such as money, personal belongings, property, or livestock and community service. Overall, the use of customary laws on deciding cases in the Lupon are highly accepted by the people which make the role of the elders of the community as members of the Lupon highly significant.
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