Proposal - Legal Research

A Research Proposal In Legal Research
The Continuing Plight of the Bogobos in Bansalan: A Struggle for Land and Life
In Partial Fulfillment of Ll ____
Submitted to: Atty. Pilariza Racho-Baldovino
Submitted by: Benito, Neva Bersamen Caraoa, Ma. Erwynnah Lopez, Eva Cajes, Nancy Sayson, Eliezer
The Continuing Plight of the Bogobos in Bansalan: A Struggle for Land and Life
Duration of the Project: This proposal is aimed to be finished within three (3) weeks. Due to the distance of the proponents house and since most are working, each proponent agreed to contribute a little every Proponents: This proposal is a hardwork of five (5) first year law school students in Cor Jesu, Digos City, to wit: Author: Co-Author: Contributors: Eliezer Sayson Ma. Erwynnah Caraoa Neva Bersamen-Benito Nancy Cajes Eva T.Lopez Objectives: General Objective: To make an assessment as to the efficacy and responsiveness of IPRA in drawing up and furthering plans and programs under the auspices of the National Commission on Indigenous Peoples (NCIP) with the Bagobos in Bansalan, Davao del Sur. Specific Objectives: a. To assess how far the law has gone in its implementation to protect and promote the rights and cultures of the Bagobos in Bansalan, Davao del Sur. b. To know if the Bagobos in Bansalan, Davao del Sur have a full grasp and understanding of the provisions of the Indigenous Peoples Rights Act (RA 8371).
c. To identify problems in awarding rights and ownership of lands to Bogobos in Bansalan.
Background of the Research: RA 8371 is the most silent ____ever as its implementation and The proponents were driven to focus their study about the plight of the indigenous people because the proponents considered them as the most vulnerable people in the country today because of their socio-economic status. On the other hand, proponents wanted to know how far has the government ____their right to their ancestral land, their right to preserve their culture and tradition. With the mining act which was _____ by Pres. Gloria Macapagal Arroyo recently, most of the indigenous people especially here in Mindanao were the victims of such mining act.
METHODOLOGY Research Design: Qualitative Research Locale The study will be conducted in Sampling Research Instruments
Review of Related Literature
The National Commission on Indigenous Peoples has been rendered almost useless because of lack of resources. In Misamis Oriental alone, there are about 50 ancestral domain claims and only 1 has been given a certificate of ancestral domain title or the CADT. I heard that they have a target to issue 1 CADT per year. At this rate, all the Claims will be finished in 50 years, at this rate the claimants are already dead before they are given the title. (Coffee Writings, 2008)
The lack of awareness of IPRA is traceable to the lack of information dissemination on this legislation in the study sites by the National Commission for Indigenous Peoples, the provincial lead agency for indigenous peoples, and to the absence of Subanen organization in the area. (Gomez &Roxas, 2009)
Among lumad groups present in almost all total 67 municipalities in Caraga, the Manobo, Mamanwa, and Higaonon ethnic groups were dominant but their numbers are dwindling especially the Mamanwas (Negrito-like) due to extreme poverty which make them susceptible, exposed to all kinds of illnesses. Because they are among the most neglected, marginalized sector, majority of Mamanwa tribesmen were unschooled therefore exposed to various human rights violations and abuses. (Serrano, 2008)
The passage of the Indigenous Peoples Rights Act of 1997 (IPRA) was intended to herald a new era in the respect and recognition of the much-neglected rights of indigenous peoples in the country. However, barely a year since its promulgation, it has already met with stiff opposition from a well-respected former Supreme Court Justice. This eventually resulted in the case of Cruz vs DENR Secretary, a modern day jurisprudential cliffhanger that barely upheld the IPRAs validity after the Supreme Court en banc could not break its voting deadlock. (Ateneo Law Journal, 2002)

Proposal - Legal Research

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A Research Proposal In Legal Research

In Partial Fulfillment of Ll ____

Submitted to: Atty. Pilariza Racho-Baldovino

c. To identify problems in awarding rights and ownership of lands to Bogobos in Bansalan.

Review of Related Literature

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