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This paper is presented by Brgy. Capt.
Samuel Abrogar and Minda Gamalo from Barangay Madaguing of Claveria,
Misamis Oriental during the 1st
Mindanao CAPP-SIAD Partners and Implementors’ Conference, 16-17
January 2002, Cagayan de Oro City.
BMFI is part of the
Consortium of the Advancement for People’s Participation in
Sustainable Integrated Area Development or CAPP-SIAD).
“KASIGUROHAN SA
KAPANINGUHAAN”
I. Background
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Baseline Data
Madaguing is one of the 24
barangays of the Municipality of Claveria, Misamis Oriental it is
situated 12 kms away from the Poblacion and 42 kms away from the
nearest city which is Cagayan de Oro City. It is particularly
located on the north western part of Claveria and has a population
of 948 persons wherein 70% hailed from Lumads or Indigenous People
(IPs) and 30% from Dumagats, Settlers from different places.
Residents of the barangay are
98% farmers, 1% employee and 1% businesspeople who own small
sari-sari stores. Since Madaguing is an agricultural land 70% of its
land area are corn land, 10% banana plantation, 5% planted to upland
rice. Another 10% for different kinds of vegetable and the remaining
5% planted to coffee and other crops.
The barangay has land area of
918.81 hectares of alienable and disposable land (A&D) base on
LC Map no. 577 dated November 21,1925. Madaguing also formally
become a barangay on this the same year 1925.
RTI Problems of Madaguing
The RTI problems of Madaguing
are the following:
- 398 hectares claimed and
cultivated by 116 farmers and their families are untitled.
- 86 hectares cultivated by 40
potential farmer beneficiaries have not yet been issued with CLOA.
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II. Bmfi And Balaod Assistance To
Help Solve RTI Problems/ Issues (Interventions)
Strategies
BMFI and its partner NGO,
BALAOD-Mindanaw, continue to help raise the knowledge and awareness
of barangay officials and other sectors in the community to prepare
them for the next PL activity to resolve its problems/ issues by:
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1. RTI Orientation Seminar
- A two (2) days RTI
Orientation Seminar/ Workshop was conducted for the barangay
officials and the RTI Committee, to help them become more aware of
barangay situation with regards to existing resource tenure
problems/ issues, and formulate plans so that these resources could
be utilized, accessed, and if possible, be owned by the residents of
the community.
2. Community Advocates Basic
Seminar (CABS)
- Paralegals are among the
three (3) groups of advocates (Paralegals, Farmer Techs & Local
Community Organizers) in the barangay formed by the Barangay
Development Council.
- BMFI, RCED and BALAOD
facilitated the CABS to help the PLs appreciate and decide on the
kind of community work they would choose to work as volunteers. They
went through four (4) days of orientation sessions with the other
advocates.
3. Basic Paralegal Training
(BPLT)
- The PLs must know how to
accomplish basic legal task; legal documents/ affidavit making and
have basic knowledge of laws on: Land classification, Agrarian
Reform, Forest Laws. BMFI and BALAOD conducted 5 days BPLT to help
the PLs be equipped with these knowledge.
4. Monthly Paralegal Clinics and
Pre-clinics
- To prepare for the monitoring
of PL activities and for further “tacticizing”, strategizing and
planning, monthly pre-clinics at the barangay level are facilitated
by the SIADOs. The municipal level clinics facilitated by BMFI and
BALAOD point person are regularly conducted to guide PLs on what to
do with their cases/ problems or issues.
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Facilitating and Hindering
Factor
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Facilitating Factors:
- Barangay Council wholehearted
acceptance of the Paralegal program.
- The members of the Barangay
Council as well as the Barangay Development Council, themselves are
the ones interested to be assisted by BMFI and BALAOD.
- The community has
demonstrated acceptance and support of the Paralegal formation and
program.
- Cooperation and support from
government line agencies such as DAR, DENR especially for land
distribution and land titling.
- Linkaging and Networking with
other partner NGOs and POs.
- The formation of Community
Advocates known as "KABULIG" meaning Kaabag sa Buhi
ug Lig-on nga Pag-palambo sa Katilingaban.
Hindering Factors:
- The LGU lacks funds to
finance the barangay paralegal activities as counterpart also to
BMFI resources.
(Municipal Accountant
refuses to approve the activity expenses)
- Time Element – partner NGO
and officials with volunteers’ time, conflict with barangay
activities and family needs
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III. Gains, Learnings, Challenges
And Prospects
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Gains
What Madaguing gained?
63 hectares with 40 farmer
beneficiaries has been issued with CLOA and 398 hectares claimed and
cultivated by 116 farmers with their family will be issued with
title on 1st or 2nd quarter of this year 2002 as scheduled by DENR
which is now in the sketching stage.
Learnings
Madaguing officials and
advocates learned that accomplishment of targets will be hastened
if:
- There is knowledge of laws
and paralegalism (PL Trainings); and
- There is guidance and
assistance on what to do next, what the best strategies and tactics
are
- They learn from the
experience of other paralegals during the cliniquing and other
activities.
Challenges and Prospects
One of the biggest challenges
and prospects of Madaguing is how to sustain and maintain the
paralegal formation, and how to extend and broaden their paralegal
program to include other barangay access to justice concerns.
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IV. Sustaining Mechanisms
To maintain and sustain
Paralegal Development and encourage the PLs to stay committed and
work harder, PLs should remain in the PO or be a member of any
association in the barangay. This simply means the finding ways of
institutionalizing the PL in the PO and in the various structures of
the barangays, among which are:
- Making the association a
member of the BDC.
- Formulation of barangay
ordinance/ resolution for PL institutionalization and financial
assistance.
- Strengthening the Barangay
Education Committee.
- Formulation of barangay
ordinance/ resolution supporting Education Committee.
- Training of PL second-liners
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