Title of the problem: A case study of the strength and weaknesses of the Katarungang Pambaranggay in

the Administration of the barangay Justice System in Baranggay Tanque Roxas City.

I. Summary

This study aimed to review the strength and weaknesses 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 City of Roxas, which is
Barangay Tanque. The objectives of this study therefore, it is to assess the strengths and weaknesses 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.

This paper will analyse the Barangay Justice System (BJS) in Barangay Tanque, Roxas City
Philippines, which is a community mediation programme, whose overarching objective is to
deliver speedy, cost-efficient and quality justice through non-adversarial processes. The
increasing recognition that this programme has recently acquired is mainly connected with the
need to decongest the formal courts, although this paper will attempt to illustrate the positive
impact it is having on improving access to justice for all community residents, including the most
disadvantaged.

The paper will support the idea that dispute resolution is not autonomous from other social,
political and economic components of social systems, and will therefore explore how the BJS
actually works within the context of the Philippine society. Thus, the analysis will be based on
the differences between how the BJS should work according to the law and how it really operates
in practice. It will particularly exhibit the main strengths and limitations of the BJS, and will
propose certain recommendations to overcome the operational problems in order to ensure its
effectiveness as an alternative to improve access to justice for the poor.
II. Table of Contents

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).

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).

PRESIDENTIAL DECREE No. 1508 June 11, 1978 (repealed by R.A. 7160) ESTABLISHING A
SYSTEM OF AMICABLY SETTLING DISPUTES AT THE BARANGAY LEVEL

Section 1. Lupong Tagapayapa

 a) Creation. There is hereby created in each barangay a body to be known as Lupong Tagapayapa
(hereinafter referred to as Lupon) composed of the Barangay Captain as chairman and not less
than ten (10) nor more than twenty (20) members, to be constituted every two years in the
following manner:

1. Any suitable person actually residing or working in the barangay, not otherwise
expressly disqualified by law, and taking into account considerations of integrity,
impartiality, independence of mind, sense of fairness, and reputation for probity,
including educational attainment, may be appointed member;

2. A notice to constitute the Lupon, which shall include the names of proposed members
who have expressed their willingness to serve, shall be prepared by the Barangay Captain
within thirty (30) days after this Decree shall have become effective, and thereafter
within the first ten (10) days of January of every other year. Such notice shall be posted
in three (3) conspicuous places in the barangay continuously for a period of not less than
three (3) weeks;

3. The Barangay Captain, taking into consideration any opposition to the proposed
appointment or any recommendation/s for appointment as may have been made within
the period of posting, shall within ten (10) days thereafter, appoint as members those
whom he determines to be suitable therefor;

4. Appointments shall be in writing signed by the Barangay Captain and attested by the
Barangay Secretary;

5. The list of appointed members shall be posted in three (3) conspicuous places in the
barangay for the entire duration of their term of office;

6. When used herein:

Barangay refers not only to barrios which were declared barangays by virtue of Presidential Decree No.
557 but also to barangays otherwise known as citizens assemblies pursuant to Presidential Decree No. 86.

Barangay Captain refers to the Barangay Captains of the barrios which declared barangay by virtue of
Presidential Decree No. 557 and to the Chairmen of barangays otherwise known as citizens assemblies
pursuant to Presidential Decree No. 86.
b) Oath and Term of Office. Upon appointment, each member shall take an oath of office before the
Barangay Captain. He shall hold office until December 31 of the calendar year subsequent to the year of
his appointment unless sooner terminated by resignation, transfer of residence or place of work, or
withdrawal of appointment by the Barangay Captain with the concurrence of the majority of all the
members of the Lupon.

c) Vacancy, Lupon. Should a vacancy occur in the Lupon for any cause the Barangay Captain shall as
soon as possible appoint a suitable replacement. The person appointed shall hold office only for the
unexpired portion of the term of the member whom he replaces.

d) Functions. The Lupon shall exercise administrative supervision over the conciliation panels hereinafter
provided for. It shall meet regularly once a month (1) to provide a forum for the exchange of ideas among
its members and the public on matters relevant to the amicable settlement of disputes; and (2) to enable
the various panels to share with one another their observation and experiences in effecting speedy
resolution of disputes.

e) Secretary of the Lupon. The Barangay Secretary shall concurrently the Secretary of the Lupon. He
shall note the results of the mediation proceedings before the Barangay Captain and shall submit a report
thereon to the proper city or municipal court. He shall also receive and keep the records of proceedings
submitted to him by the various conciliation panels. He shall issue the certification referred to in Section
6 hereof.

f) Conciliation Panels. There shall be constituted for each dispute brought before the Lupon a conciliation
panel to be known as Pangkat ng Tagapagkasundo (hereinafter referred to as Pangkat) consisting of three
(3) members who shall be chosen by agreement of the parties to the dispute from the list of membership
of the Lupon.

Should the parties fail to agree, they shall, in the presence of the Barangay Captain or Secretary, make the
selection in the following manner: one party, determined by lot, shall strike out from the list one name;
the other party shall in turn strike out another; the parties shall thereafter continue alternately to strike out
names until there shall remain on the list only by four (4), three (3) of whom shall be the members of the
Pangkat, and the fourth, to be determined by lot, shall be the alternate.

In the event any of the four (4) remaining names is, for cause to be passed upon solely by the Barangay
Captain, still objected to by any party, the procedure provided for in paragraph (g) hereunder shall be
followed.
Should there be more than one complainant or respondent, each side to the dispute shall choose its
representative to such striking-out process.

The three (3) members shall elect from among themselves the chairman and the secretary of the Pangkat.

The secretary of the Pangkat shall keep minutes of its proceedings attested by the chairman and submit a
copy thereof to the Lupon Secretary and to the proper city or municipal court. He shall issue and cause to
be served notices to the parties and give certified true copies of any public record in his custody that is not
by law otherwise declared confidential.

g) Vacancy, Pangkat. Any vacancy in the Pangkat shall be filled by the Barangay Captain from among the
other members of the Lupon, to be determined by lot.

h) Succession to or substitution for Barangay Captain. In the event the Barangay Captain ceases to hold
office or is unable to perform his duties herein provided, the order of succession/substitution to his
position as provided by law shall be followed.

i) Character of Office. The members of the Lupon shall be deemed public officers and persons in
authority, within the meaning of the Revised Penal Code.

j) Character of Service. The members of the Lupon or Pangkat shall serve without any compensation or
allowance whatsoever. Such service by any Lupon or Pangkat member, whether he be in public or private
employment, shall be deemed to be on official time and no such member shall suffer any diminution in
compensation or allowances by reason thereof.

k) Legal advice. The Barangay Captain or any member of the Lupon or Pangkat may, whenever he deems
it necessary in the exercise of his functions under this Decree, seek the advice of the legal adviser of the
provincial/city/municipal government.
IV. Statement of the Problem

1.what is the socio-demographic profile of the respondents?

2. What are the strengths of the Katarungang Pambarangay in the Administration of the barangay Justice
System in Barangay Tanque Roxas City?

3. What are the weaknesses of the Katarungang Pambarangay in the Administration of the barangay
Justice System in Barangay Tanque Roxas City?

4. What is the role of Katarungang Pambarangay in the Administration of the barangay Justice System in
Barangay Tanque Roxas City?

5. What are the duties and responsibilities of Katarungang Pambarangay in the Administration of the
barangay Justice System in Barangay Tanque Roxas City?

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 Tanque Roxas
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 Barangay Tanque Roxas City.

The first objective of the study is to determine the compliance of the stakeholders especially the Barangay
Tanque Roxas City pertaining to the Barangay Justice System.

According to Key Informant No. 1, the Barangay Justice System, particularly in Barangay Tanque Roxas
City 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 Tanque Roxas City 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 Tanque Roxas City 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 Tanque Roxas City 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 Criminology students of Capiz State University Dayao Satellite College CIMU Class
2022. The group is composed of Six members namely, Ramilyn Buday, Sharisa Buendia, Shara Mae
Bunio, Aya Mae Estimado, Maeriluz Falco, Lourdes Penequito. 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 Tanque Roxas City 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 Tanque Roxas City as the biggest barangay in Roxas City in
implementing the said law was and how responsive it is to the policy.

IX. References

Katarungang Pambarangay: a Handbook (2004).

Click to access Related_Laws_Katarungang_Pambarangay_Handbook.pdf

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