By Glece Mae O. Metro, Kim Billones, and Danica Louise Pao
I. Abstract
This study aimed to review the pertinent laws regarding the implementation of the Katarungang Pambarangay or the Barangay Justice System which complements the courts in administering justice that is a compulsory process before a case is elevated to a court. The study will be conducted in the biggest Barangay in Bacolod City, which is Barangay Mansilingan. The objectives of this study therefore, is to assess the compliance and challenges of Stakeholders in the implementation of the laws and their recommendations to further which will also be vital to future researchers, the Barangays, and the community. Key informant (KI) will be interviewed by the researchers for this study: the Barangay Captain of the aforementioned Barangay.
Keywords: Barangay Justice System, Challenges, Implementation, Compliance
II. Acknowledgement
The completion of this study could not have been possible without the participation and assistance of whose names may not all be enumerated. Their contributions are sincerely appreciated and gratefully acknowledged. The group would like to express their earnest appreciation particularly to the following:
Atty. Jocelle Batapa- Sigue, for her immense supervision and guidance throughout the research
Barangay Mansilingan, for being cooperative and responsive with the requests of the researchers and for providing necessary documents needed to complete the research
Above all, to the Great Almighty, the author of knowledge and wisdom, for his countless love and for the good health and wellbeing that was necessary to the group members in order to complete this research.
III. Introduction
Katarungang Pambarangay or Barangay Justice System is a community-based dispute settlement mechanism that is administered by the basic political unit of the country, the barangay. As a community based mechanism for dispute resolution, it covers disputes between members of the same community (generally, same city/municipality) and involves the Punong Barangay and other members of the communities (the Lupon members) as intermediaries (mediators, conciliators, and, sometimes, arbitrators) (Katarungang Pambarangay Handbook, 2004).
Under the Barangay Justice System, the main strategy for settling disputes is to provide a venue for the disputing parties to search for a solution that is mutually acceptable. Hence, the primary role of the system is not to decide disputes and impose a solution on the parties but to assist the parties in discussing the possible amicable settlement of their disputes. The Punong Barangay and the community conciliators (Lupon members) do not act as judges or adjudicators of disputes but as facilitators for the disputing parties’ discussion of possible solutions. For this reason, the personal appearance and participation of the disputing parties is necessary, while the non-appearance of the parties will have corresponding sanctions. Also because of the need for the disputing parties’ personal participation in the conciliation proceedings, disputes involving non-natural persons like corporations are not subject to the conciliation proceedings of the Barangay Justice System (Katarungang Pambarangay Handbook, 2004).
The Barangay Justice System provides an alternative mode for dispute resolution to the costly and lengthy process of settling disputes in regular courts. Instead of going through the very technical procedure of filing formal pleadings and presenting evidence in courts, the parties of a dispute are given the opportunity to try to talk to each other and resolve their disputes amicably. The technical processes and rules that are usually applied in court proceedings are not applied. Filing a case in court, or defending oneself against such a case, would necessarily entail the services of lawyers. In the Barangay Justice System, however, the parties do not need to secure the services of lawyers. In fact, the law prohibits the participation of lawyers in the conciliation proceedings. While cases that are tried in courts generally take years to be resolved, cases that go through the Barangay Justice System would generally take only a few weeks (Katarungang Pambarangay Handbook, 2004).
Therefore, the Barangay Justice System provides a friendly, inexpensive, and speedy forum for the settlement of disputes where the parties can freely explore options for amicably resolving their disputes without resorting to the courts (Katarungang Pambarangay Handbook, 2004).
The strength of the Barangay Justice System lies in the fact that it is based in the community itself, and is administered by community members using traditional practices in dispute resolution. With this set-up, the disputing parties are expected to be more comfortable in discussing their problems and in exploring solutions to the disputes. It is likewise expected that the community-based set-up of the Barangay Justice System will ensure that the parties will honor the amicable settlement that was agreed upon. Ultimately, the Barangay Justice System is envisioned to live up to its name. It is expected to ensure the dispensation of justice at the grassroots level (Katarungang Pambarangay Handbook, 2004).
Local and National Policies
The Barangay Justice System is mandated by Republic Act No. 7160 or the Local Government Code of 1991 and it also had been covered by Presidential Decree 1508 (Establishing A System Of Amicably Settling Disputes at the Barangay Level) in 1978 and Batas Pambansa Blg. 337 or the 1983 Local Government Code.
Section 399 of the local government code 1991, under the guiding principles, provides Section 399. Lupong Tagapamayapa. –
(a) There is hereby created in each barangay a lupong tagapamayapa, hereinafter referred to as the lupon, composed of the punong barangay, as chairman and ten (10) to twenty (20) members. The lupon shall be constituted every three (3) years in the manner provided herein.
The Barangay Justice System maximizes the use of time-honored traditions and practices of communities in settling disputes between community members. Filipinos traditionally resort to the help of older members of the family, community elders, or tribe leaders in resolving disputes between members of the same family or community. This is the common practice that is recognized and formalized by the Barangay Justice System. In lieu of family members, community elders, or tribe leaders, the Barangay Justice System uses the Punong Barangay and the Lupon Members, who are appointed from the respected members of the community. In recognition of traditional customary practices in some indigenous communities, the law on the Barangay Justice System provides that in communities that have distinct traditional practices of settling disputes, the customs and traditions of the indigenous cultural communities shall be applied. Thus, local systems of settling disputes through their councils of datus or elders are recognized and followed with the same force and effect as the procedure laid down in the law (Katarungang Pambarangay Handbook, 2004).
The strength of the Barangay Justice System lies in the fact that it is based in the community itself, and is administered by community members using traditional practices in dispute resolution. With this set-up, the disputing parties are expected to be more comfortable in discussing their problems and in exploring solutions to the disputes. It is likewise expected that the community-based set-up of the Barangay Justice System will ensure that the parties will honor the amicable settlement that was agreed upon. Ultimately, the Barangay Justice System is envisioned to live up to its name. It is expected to ensure the dispensation of justice at the grassroots level (Katarungang Pambarangay Handbook, 2004).
IV. Statement of the Problem
- How compliant are the stakeholders especially the Barangay Mansilingan in the Barangay Justice System?
2. What are the challenges encountered in the implementation of the given policies in the Barangay Justice System?
3. What is the status of the current Barangay Justice System as provided in the Local Government Code of 1991?
V. Methods
A qualitative approach was used by this study and a key informant interview was used under this approach. Qualitative approach is defined as collecting and working with non-numerical data and that seeks to interpret meaning from these data that help understand social life through the study of targeted populations or places (Crossman, 2019). Interviews with the key informants who are professionals or having first-hand knowledge regarding the implementation and enforcing the policies on the Barangay Justice System.
Three Key Informants were interviewed for this study; Key Informant No. 1 is a Barangay Captain of Brgy. Mansilingan, Bacolod City.
VI. Results and Discussion
This section presents the qualitative data gathered through an in depth interview. This study aimed to review the policies pertinent to the Barangay Justice System of Brgy. Mansilingan of Bacolod City.
The first objective of the study is to determine the compliance of the stakeholders especially the Brgy. Mansilingan, Bacolod City pertaining to the Barangay Justice System.
According to Key Informant No. 1, the Barangay Justice System, particularly in Brgy. Mansilingan where certain cases that are under the authority of lupon, they can’t reach the courts and the fiscal will advise you to go back to the barangay. Certain cases referred to in the Barangay are smaller cases or those that are not attached with higher penalties. The Barangay Mansilingan Lupon constitutes a maximum of 20 members of pangkat wherein there are currently 17 of them. Their term are 3 years, but it can be subject to revocation under reasonable grounds.The manner to which constitutes a lupon/pangkat, there are applicants as to which those who applied will be posted publicly for the people to choose. It is ideal, but hard. In the hearing proper, the complainants and the respondents will have to choose three lupons who is a member in the pangkat to settle their respective disputes. However, this has not been practiced but it is the protocol set for. What we practice now is we have set up or organized groups assigned for a certain schedule.
For the process of settling disputes in the Barangay level as mandated by the Local Government Code, first, there will be a hearing with the lupon chairman in the level of mediation. There will be a notice for both parties, the complainant and the respondent, particularly, summon is being sent to the respondent as to which they are told to bring witnesses, but usually, there is no more witness except those who has an issue to settle. There will be a 15-day settlement and if the dispute is still unsettled, it will be transferred to the three people in pangkat. In this level, they are again subject to a 15-day settlement but this is now the conciliation level of settlement. It can be extended if needed. Mediation and conciliation are most likely the same but in the conciliation, there are 3 members of lupon, the chairman, the secretary and the third member of the pangkat and with regards to the former, the Barangay Chairman will be the one who’ll settle the dispute.
As to the current status of Barangay Mansilingan, there is an average of a minimum of 8 or more cases on a day to day basis but generally, the numbers are continually rising. The most common cases that we cater are unjust vexations, malicious mischiefs, and debts.
For the challenges and recommendations as the incumbent Barangay Chairman, if the case complained of is big, especially if cases are hard, you need to read and research about it first since smaller cases are usual. There are cases that can’t be settled in the first hearing which in the next hearing, you should be prepared and have read certain informations about it. You are you required to read especially when the cases are filed by those who have knowledge or are knowledgeable about the law. Hence, it’s a must to read before you get to the hearing since studying would also be required here.
VII. Conclusion
This Section summarizes the findings, discusses the conclusion and set of recommendations drawn from the findings of the study.
The Katarungang Pambarangay, or the Barangay Justice System is a local justice system in the Philippines. It is operated by the smallest of the local government units, the barangay, and is overseen by the barangay captain, the highest elected official of the barangay and its executive. The barangay captain sits on the Lupon Tagapamayapa along with other barangay residents, which is the committee that decides disputes and other matters. They do not constitute a court as they do not have judicial powers. The system exists to help decongest the regular courts and works mostly as “alternative, community-based mechanism for dispute resolution of conflicts,” also described as a “compulsory mediation process at the village level.
This study aims to review the pertinent laws regarding the implementation of the Katarungang Pambarangay or the Barangay Justice System which complements the courts in administering justice that is a compulsory process before a case is elevated to a court.. Acknowledging their important role to help the marginalized in particular or the general public in the locality, the Local Government Code of 1991 is promulgated to provide an efficient and effective way to settle disputes more importantly those which are of smaller cases. This would increase the awareness about Barangay Justice System and its value as an empowering and alternative tool for the resolution of community and family disputes at the barangay level promoting peace at the grassroots.
The Barangay Justice System, in fact, is not unknown to every citizen, but it is recommended to boost the Barangay in putting up certain measures in handling these cases that they would be able to have trainings or seminars with the lupons or of the pangkat where certain issues or cases will be discussed to provide them with a stronger backbone in meeting up the needs of the parties.
It is recommended for the LGU to intensify the laws provided for the stakeholders in order to maximize efficiency and effectiveness of Barangay Justice System in settling disputes. Educate them consistently. With this, they will be helping the people in making a stronger approach in dispute settlements on the Barangay. Another recommendation is for the Barangay to continuously educate the people of the process needed for dispute settlements. To create an atmosphere of cooperation and coordination with the people, continued communication will help the parties in concern, with the ongoing status of their hearings and settlements.
The residents of Barangay Mansilingan should also cooperate and coordinate with the Barangay. They should be informed of the do’s and don’ts of the current situations and process called for in settling disputes in the Barangay level. They should also be open to communicate their concern to the Barangay so that the later can decide and act on it promptly.
After the assessment made by the researchers through in depth interview, it was found out that local and national policies regarding the Barangay Justice System were sufficient to address certain dispute settlements. However, a strict implementation by the Barangay and the LGU must be enforced for the law to maximize its purpose.
VIII. About the Researchers
The researchers are JD1 students of University of St. La Salle enrolled in Legal Research class. The group is composed of three members namely, Kim Arvin Billones, Glece Mae Metro, Danica Louise Pao. As part of their requirements, they are tasked to come up a study related to the laws of the Philippines. They are specifically tasked, to review the content of a certain law, the strength of its implementation and effectiveness.
The group chose this topic for the reason that it is relevant up to date. They found out that laws pertaining to the environment are rarely studied by the legal researchers nowadays thus; it must also be given attention. The Local Government Code is as important as other existing laws in the Philippines. The group chose the Barangay Mansilingan to be the focus of their study which is the biggest Barangay in Bacolod City. Many researchers have already studied about the Barangay Justice System, its role in the country, and a lot more. However, there are a lot of cases that Barangay Justice System that needs a thorough study of how strong the Barangay Mansilingan, as the biggest barangay in Bacolod City in implementing the said law was and how responsive it is to the policy.
IX. References
Katarungang Pambarangay: a Handbook (2004).
Republic Act No. 7160
https://www.officialgazette.gov.ph/1991/10/10/republic-act-no-7160/
Presidential Decree 1508
https://www.officialgazette.gov.ph/1978/06/11/presidential-decree-no-1508-s-1978/
Batas Pambansa Blg. 337
https://lawphil.net/statutes/bataspam/bp1983/bp_337_1983.html
Philippine Legal Research 