Professional Documents
Culture Documents
Towards A Citizen Driven Justice System
Towards A Citizen Driven Justice System
Rachel S. Aquino
For the
Local Government Academy
Department of the Interior and Local Government
I. General Introduction
The Access to Justice for the Poor Project has for its goal increasing access to justice
by poor and vulnerable groups, especially poor women and children.
The project purposes are: a) to enhance the ability of the poor and vulnerable groups,
particularly poor women and children) to pursue justice to increase their knowledge about
their basic rights and the justice system; and b) to strengthen the Justice System to make
it more accessible to poor and vulnerable groups. The project intends to address the
issues that hamper access to justice by the poor and vulnerable groups, particularly
women and children. The Project focus areas are 36 Municipalities in the provinces of
Oriental Mindoro, Camarines Sur, Capiz, Lanao del Norte and Sultan Kudarat.
One of the focus mechanisms for accessing justice for the poor at the lowest levels is
the Barangay Justice System (BJS). The BJS or the Katarungang Pambarangay (KP) was
institutionalized through Presidential Decree 1508, promulgated in 1978, and the Local
Government Code of 1991 as a strategy for improving and making the justice system
more responsive to the needs of communities. Organized in the villages, the BJS or the
Katarungang Pambarangay (KP) has since been widely recognized as an alternative
system of resolving disputes at the local level. At the forefront of this system is the
elected punong barangay who simultaneously acts as its chief executive and presiding
officer of the local legislative council. Assisting the punong barangay is the lupong
tagapamayapa (conciliation panel) whose members consist of 10-20 persons of known
integrity, competence, and fairness who are selected from among those residing or
working in the barangay. The lupon tries to amicably settle disputes within a period of
sixty (60) days from the date of its submission.
Achieving access to justice requires fundamental elements: that the formal and
informal norms of protection are established in law and tradition and are understood in a
common way; and that the two key players in the justice system – the duty holders and
the claim holders have equal capacities, i.e., the duty holders the capacity to provide
justice remedies and the claimholders the capacity to demand that remedies are provided.
The capacity of the duty holders to provide remedies to provide formal and informal
mechanisms is a key element in successfully providing a rights-based access to justice.
Capacities involve such factors as institutions and functions (law enforcement,
prosecution, courts, and the barangay justice system), their policies and procedures,
resources and competencies, their institutional coordinative relationships as well as their
integrity and accountability. All these affect the accessibility of the means to obtain
remedies and the speed, impartiality and the quality of remedies. They also provide the
foundations for effective mechanisms in insulating the system from discrimination and
politicisation.
resolution of cases.
GEOGRAPHICAL ACCESS which means legal remedies and conflict
resolution mechanisms are within geographical reach of the poor ,
particularly women and children, considering their situations and the
availability of transport and communications to them.
1
The Municipal Clerks of Court were designated by the Supreme Court to be the Municipal Court
Information Officers at the first level courts.
Institutional Assessment of the Philippine Barangay Justice System
Final Report Page 2 of 65
FINANCIAL ACCESS which means that availing justice and conflict
resolution mechanisms is within the cost that is affordable to the poor,
particularly women and children.
CITIZEN CAPACITY which means that community members,
particularly poor women and children, have sufficient knowledge and
understanding of their rights, the systems and procedures in justice
institutions that they need to or they can access, and have sufficient
knowledge and understanding of the laws relevant to their issues and
cases.
A tool for institutional assessment and capacity development used for assessing
the barangay justice system identifies the core components of a well-functioning
organization, regardless of size and functional complexity, to comprise of the
following:
of capacity for continuing learning and development.
Housekeeping units and functions – those involved in the
administrative and financial operations, including budgeting and
accounting, procurement and physical assets management, human
resource management, and other logistical support units and functions.
Mission-critical units and functions – those that directly deal with
production and delivery of the products and services for which the
agency is mandated by law to do. The review and recommendations
seek to address issues on access, efficiency, relevance, capacity to
meet present and future demands, and other relevant considerations.
LEGAL FRAMEWORK
SYNERGY,
CLIENTELE INTEGRITY SYSTEMS ORGANIZATIONAL VALUES
INTERNAL CONTROL
TRANSPARENCY SYNCHRONIZATION AND ACHIEVEMENT OF
OTHER JUSTICE
DISTRIBUTION
ACCOUNTABILITY COMPLEMENTATION ORGANIZATIONAL
AGENCIES
GOALS
PHILOSOPHY
NAITIONAL AND OBJECTIVES
GOVERNMENT ACHIEVEMENT OF
PLANNING, MANDATE
BUDGETING ACCOMPLISHMENT
AND ADMINISTRATIVE OF OPERATING
TARGETS
SYSTEMS STRUCTURAL SYSTEMS PRODUCTION DELIVERY
FORMAL STRUCTURE SYSTEMS ENSURED
INFORMAL STRUCTURE PROCESS OPERATIONAL AND
EDUCATION AND
LINKAGES TECHNOLOGY FINANCIAL VIABILITY
TRAINING INSTITUTIONS DECISION AND PRODUCTION
COMMUNICATION TECHNIQUES
LADDERS SCOPE OF OPERATIONAL
DECISION-MAKING
AUTHORITY
SYSTEMS RECRUITMENT
MANDATE REMUNERATION
PLAN-PROGRAM-BUDGET CAREER PATH,
POLICIES AND INCENTIVES AND
PROCEDURES REWARDS
R & D INNOVATION WORKPLACE QUALITY
PERFORMANCE
MANAGEMENT
BASIC RESOURCES
FINANCIAL : PHYSICAL : MANPOWER : TECHNOLOGICAL
In general, the institutional assessment aimed to identify key external and internal
strengths, weaknesses, opportunities and threats faced by the BJS as a mechanism for
accessing justice by the poor and vulnerable groups, particularly women and children.
The baseline study was a survey research aimed at generating data from primary
sources. The objective of the baseline study was to identify functional mechanisms at the
barangay level that could serve as the Legal Information Desk or as complementary
mechanisms to the Katarungang Pambarangay, among others. The overall framework,
methodology and tools of the baseline study were designed by the National Barangay
Operations Office (NBOO), in close consultation with the Local Consultant and Project
Officers of the AJPP. All 759 barangays covered by the AJPP were surveyed from March
through April of 2007. The results of the baseline study were meant to inform the
Institutional Assessment, particularly on the feasibility of establishing a Legal
Information Desk and on other complementary mechanisms at the barangay level that
enhances access to justice by the poor.
The Training Needs Assessment (TNA) for the BJS was meant to provide data on
the current knowledge, competency and attitudinal levels of members of the Lupon
Tagapamayapa. The TNA will serve as input for the design of the training workshops on
the KP Law, Mediation and VAWC Laws expected to be conducted at the last quarter of
the Access to Justice for the Poor Project (August-October, 2007). The TNA was
conducted from March to April, 2007, in conjunction with the Institutional Assessment of
the BJS. Five barangays from each of the 36 municipalities were surveyed using the
same criteria for sampling as that of the Institutional Assessment.
D. Study Outputs
The objective of the review of past studies was to present the over-all
policy environment and legal framework of the Katarungang Pambarangay; and to
present recent studies and findings concerning the BJS operations and policy
recommendations.
Pambarangay
Review of the context within which the KP performs its role: national policy
environment and justice issues; the role of the different agencies having
administrative and oversight functions over the KP
Review of previous studies conducted on the BJS
Review of the results of the 2007 Baseline Study conducted by the DILG’s
National Barangay Operations Office
2
For easier reference, a Matrix of Indicators, Questions and Instruments is presented is Annexed. The
design and methodology for this assessment was presented to a Round Table Discussion at the Local
Government Academy on February 1, 2007, participated in by Directors and representatives from the LGA,
National Barangay Operations Office, DILG’s Legal Services, Barangay Local Government Supervision
Office, field personnel from Oriental Mindoro, a representative from the Liga ng mga Barangay, and a
representative from the Gerry Roxas Foundation.
Institutional Assessment of the Philippine Barangay Justice System
Final Report Page 6 of 65
Data gathered from key informant interviews at the barangay level
included information on the following:
From each sample municipality, one barangay nearest the first level courts
and the municipal government, one target barangay farthest from the center, and
as practicable as possible, one midway barangay were surveyed. The assumption
of this methodology is that the barangay nearest to the center of government (i.e,
nearest the municipal hall and the hall of justice) with the highest caseload would
represent the barangays having the best institutional conditions for access to
justice as it has the best access to the mechanisms of government and the formal
justice system, while the farthest barangay with the highest caseload would
present the most challenging conditions being faced by the katarungang
pambarangay. One other justification for the methodology is that the barangay
nearest the center were expected to have a higher caseload than a rural barangay,
as the opportunities for crime and conflicts are more present in urbanizing areas,
whereas the midway barangay would allow for other factors such as cultural mix,
industry types, and average socio-economic status of residents. Other
considerations in selecting the sample barangays were: socio-cultural mix (eg.
Muslim-Christian or Christian-Lumad, representation of coastal and non-coastal
areas), and the commitment and capacity of DILG field personnel to arrange the
FGDs and interviews quickly and efficiently.
Questions posed to the participants were on two areas: their views on the
current state and issues faced by the Katarungang Pambarangay, and on
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Final Report Page 9 of 65
interagency linkages –whether formal or informal- and coordination mechanisms
that are operational at the municipal level.
The Institutional Assessment was conducted from February through April, 2007.
The Local Consultant was assisted by LGA Project Officers for the AJPP, National
Barangay Operations Office personnel and the respective Municipal Local
Government Operations Officer in all field interviews. Field interviews commenced
on March 5 and ended on April 12,2007.
The Local Government Code of 1991 Section 324 mandates the barangay with
three most basic functions. A) as a basic political unit, the barangay is the smallest
political entity used for governance; b) As a primary planning and implementing unit, the
barangay is mandated to plan development projects in its territory and to deliver basic
services of the government; and c) as a forum, the barangay is the sounding board of the
views of the people on various governance topics. In relation to the first and last basic
functions, the barangay provides a venue for the amicable settlement of disputes.
The Local Government Code mandates each barangay to have a punong barangay,
seven sanggunian barangay members, the sanggunian kabataan chairman, a barangay
secretary, and a barangay treasurer. The law also mandates the formation of a Lupong
Tagapamayapa. The sangguniang barangay may form community brigades and create
other positions or offices necessary subject to budgetary limitations. For purposes of the
Revised Penal Code, the punong barangay, sangguniang brangay members, and members
of the lupong tagapamayapa in each barangay shall be deemed as persons of authority in
their jurisdictions, while other barangay officials and members who may be designated
by law or ordinance and charged with the maintenance of public order, protection and
security of life and property, and any barangay resident who comes to the aid of persons
in authority, shall be deemed agents of persons in authority.
The term of office of elective barangay officials is three years. They may not
serve for more than three consecutive years for the same position.
In addition to the above governmental powers, the barangay also has certain
corporate powers similar to private businesses and companies. This is relevant in the
sense that part of its corporate powers is the power to sue others in a court of law, and to
be sued by others. This has often been an ignored and largely unused power that the
barangay has, which could play a very significant part in access to justice. There is yet a
case filed by a barangay on behalf of women and children victims of violence, a grey area
that is worth testing in Philippine jurisprudence.
BARANGAY ASSEMBLY
Sangguniang Barangay
Secretary Treasurer
The Barangay Justice System (BJS) or the Katarungang Pambarangay (KP) was
institutionalized through Presidential Decree 1508, promulgated in 1978, and the Local
Government Code of 1991 as a strategy for improving and making the justice system
more responsive to the needs of communities. The creation of the BJS can be considered
a significant milestone in making redress of grievances accessible to the poor.
Essentially, the BJS seeks to improve the community’s access to justice. Another
objective of the BJS is to recognize traditional and indigenous modes of dispute
resolution, because even before the BJS was established, time-honored traditions based
on kinship, utang na loob (debt of gratitude), padrino (patronage), pakikisama
(comradeship), and community mores already define, however informally, how justice
should be served.
The Local Government Code of 1991, under Section 16, calls on local
government units to ensure and support the maintenance of peace and order. The Code
sets up local Peace and Order Councils to serve as the implementing arm for peace and
order initiatives in the cities and municipalities. Executive Order 366 created the
Barangay Peace and Order Committees. The BPOC is responsible for promoting peace
and order and ensuring public safety.
3
The disputing parties are however not prohibited from consulting lawyers prior to or during the mediation
process.
Institutional Assessment of the Philippine Barangay Justice System
Final Report Page 13 of 65
Jurisdiction and Coverage of Cases of the BJS
The jurisdiction of the BJS is limited to cases where the applicable penalty is
imprisonment of not more than one year or a fine not exceeding five thousand pesos.
Crimes committed by government personnel in the performance of official duties as well
as crimes having no private offended parties are however outside the system. All agrarian
disputes within the coverage of the Comprehensive Agrarian Reform Law (CARL) are
likewise outside the application of the BJS and are instead referred to another barangay-
level dispute resolution mechanism, the Barangay Agrarian Reform Committees
(BARCs).
The primary objective of PD1508 was to decongest the courts of its cases. By
setting limits on cases that may be filed with the regular courts, the law hopes to give
judges ample time to study the cases and prepare good decisions. It further aims to
provide conditional access to formal adjudication by giving the disputants a venue to
settle their differences with the aid of community mediators and respected elders.
In many provinces, the barangay kagawads and barangay tanods are actively
involved in dispute resolution. More often, cases are brought first to Purok leaders (who
4
one bench among the Regional Trial Courts is usually designated as a Family Court. In areas where there
is no designated Family Courts, or where they are geographically inaccessible, the nearest Municipal or
Circuit Courts may accept family-related cases and VAWC cases.
Institutional Assessment of the Philippine Barangay Justice System
Final Report Page 14 of 65
are more often the Kagawad assigned in that purok and is a resident of that purok). A
purok is a subunit of the barangay composed of a cluster of households. Each barangay
can have as many puroks as deemed practicable and necessary, but in many cases, there
are as many puroks as there are barangay council representatives, with each one
represented at the brgy council by their respective kagawad. On cases where the number
of puroks exceed the number of kagawads, purok leaders represent their puroks at
barangay meetings.
Along with the barangay kagawad, the barangay tanod also plays an important
role in conflict resolution and maintenance of peace and order in the community. The
barangay tanod as a whole is a community brigade composed of civilian volunteers
appointed by the Punong Barangay upon the recommendation of barangay kagawads
acting as Barangay Peace and Order Committee. The Local Government Code provides
for a maximum of 20 tanods in each barangay; however, villages may create more as
necessary “in accordance with the needs of public service, and subject to the budgetary
limitations of the barangay”. The Punong Barangay can designate a “Chief Tanod/Ex-O”
to head the group. The tanods can also be organized in teams of two to four members in
each team headed by a Team Leader.
With the advent of progressive women- and children-related laws, the barangay
officials, especially the Barangay Captain, plays an increasingly important role in access
to justice of vulnerable groups. More than the Lupon Tagapamayapa (who although are
considered persons of authority by the Code, are however not salaried members of the
barangay structure and are not elected), the barangay captain benefits from the assistance
of the barangay kagawads and tanods in dispute resolution.
For the Department of Interior and Local Government, two front line service
providers play very important roles in the barangay justice system and dispute resolution:
The Mayors, and the Municipal Local Government Operations Officers (MLGOOs)
The Municipal Mayor is the local chief executive at the municipal level. The
Mayor (and in some cases, the Vice Mayor, when the latter works closely and is of the
same party as the Mayor) in many instances becomes the final mediator/ arbiter of
disputes that are unresolved by barangays. Because the Katarungang Pambarangay do not
have jurisdiction over disputants belonging to different barangays, Mayors then provide a
valuable alternative to the courts. He/She often becomes the default dispute resolution
last resort, especially among disputants who are personally known to him or are
The portion on Case Studies of Five Municipalities will detail the BJS internal
Environment assessment
From January to December 2005, there were a total of 418,247 cases brought
before the BJS throughout the country. Of these, 187,725 (45%) were classified by the
DILG as criminal cases, 164, 744 (39%) were classified as civil in nature, and the rest
(65,776or 16%) were classified as Others. Government estimates savings generated from
this caseload represents about PhP2,993,412,000 (computed at PhP9,500/case).
In 1999, 42,194 cases were brought to the barangay; 18, 301 of these are criminal
case; 19, 378 are civil cases; 4,515 other cases. In 1998, of 64,098 disputes, 34% were
settled. In 1999 there was a 65% settlement rate out of 28,689 cases filed.
Ninety percent believe that the Lupong Tagapamayapa helped reduce court
dockets and promoted harmonious relationships.
Sixty-eight percent of residents would not involve with the BJS since they have
no disputes; 79% of respondents perceive that the implementation of the BJS improved
peoples access to justice; 98% of implementers believe that LT improved peoples access
to justice;
Major monitoring problems identified are lack of funding support and inadequate
knowledge on the KP monitoring unit; the role of agencies involved in monitoring such
as DILG and DOJ also needs to be defined and clarified;
The study also showed that the people’s level of appreciation of the BJS is high
and is principally related to disputants’ satisfaction. Parties are generally satisfied with
the BJS by not pursuing cases in courts. For those who were interviewed at the
community level, justice is served when the case is brought to the attention of the
barangay. Even though the process is informal and substantive issues are not fully
discussed, the satisfaction is derived from the feeling of a ‘contracted peace’ reached by
the disputants.
Regarding the objective of de-clogging court docket, the study shows that there is
no direct inference, even by the regular courts, that the BJS has significantly reduced the
cases filed in courts. While BJS implementers unanimously consider that the system
certainly helps ordinary citizens to seek justice, they do not see any direct relation
between such observation and the de-clogging of court dockets.
Based on the data gathered, the study concludes that the BJS is effective to the
extent that the community appreciates its purpose. The implementers are however silent
as to whether and how the BJS helps de-clog the courts. One disadvantage that was cited
is still the common practice of regarding the BJS as a mere mechanism for the issuance of
a certification to file action in court. It is perceived that the issuance of such certification
is the only substantial power given to the BJS.
Access to justice by the citizenry is still a vision to many barangays and Filipinos
in general. However, it was observed in this study that, with an increased awareness of
the laws and the legal system, more citizens are taking cognizance of the importance of
alternative dispute resolution mechanisms.
Aside from the BJS, other alternative modes of dispute resolution are now being
established. These include the barangay human rights action committee, barangay
agrarian reform committees, environmental and natural resources councils, and the local
development councils. A study of the existing ADR mechanisms will provide an
indication of the benefits that these can provide to the Philippine justice system. The
presence of such non-BJS mechanisms at the community level had, to a certain extent,
indirectly contributed to disposing cases otherwise filed in the regular courts.
It found that after the implementation of the project, access to justice by poor and
marginalized groups was improved leading to the promotion of harmony and cooperation
among inter-ethnic groups.
the project has reduced violent conflicts in the target areas; incidence of
disputes dropped by 65% and escalation of disputes declined by 38%.
Institutional Assessment of the Philippine Barangay Justice System
Final Report Page 19 of 65
These were accompanied by 106% increase in community cooperative
activities, a 94% increase in attendance in community meetings, an 86%
increase in civic organization activities, a 160% increase in participation
in community projects, and a 58% increase in school enrollment and
attendance.
Barangay justice advocates helped prevent disputes from escalating into
violent conflicts. Before the project’s implementation in the project areas,
the KP settled 71.4% of the 1,439 disputes reported during the period,
traditional leaders/relatives settled 18.9%of the cases , and government
agencies , 5.2%. Only 4.5% were referred to the legal system and
appropriate agencies; After the project, the total disputes reported in the
sample barangays dropped from 1,439 to 924. The disputes settled by the
KP dropped from 71.4% to 25.6%. The barangay justice advocates settled
56% of the total number of disputes. Traditional elders/relatives settled
only 8.9%, and cases referred to the legal system dropped from 65 to 25
cases.
The project generated positive attitudinal and behavioral changes between
and among ethnic groups particularly in the area of inter-ethnic
participation in community activities. Participation of ethnic groups in
community activities increased by 64%, and in implementation of
community projects, by 97%. A 107% increase in respondents’ perception
on inter-marriage between ethnic groups and a 173% increase on
intermarriage between members of different religious denominations.
The project institutionalized reforms in the community justice system by
increasing the number of service providers and community access to
justice. Total number of service providers increased from 512 to 1463,
attributed to the presence of barangay justice advocates trainers.BJAs. As
a whole, the project has produced a strong impact on institutionalizing
reforms and promoting individual and family responsibility on the
community justice system.
The project enhanced women’s involvement in mediation and dispute
resolution. The impact assessment measured women’s involvement in
terms of the role of women in settling disputes, number of women trained
to settle disputes, number of cases settled by women mediators, number of
women volunteering as mediators, involvement of women in BJA training,
and involvement of women in resolution of disputes. The role of women
in settling disputes has increased by 134%, and the number of women
trained to settle disputes increased by 173%. Cases settled by women
mediators increased by 400%; women volunteering as mediators by 309%
and involvement in dispute resolution, by 536%;
The Katarungang Pambarangay has been established for more than twenty years
now and yet the program is suffering from weak and inadequate institutional support. The
enactment of the Local Government Code in 1991 was expected to assist in strengthening
the BJS and its institutional network. This still needs to be realized fully. However, in
general, the BJS has done its share by providing the venue for justice to be accessible to
the community.
All literatures, surveys, and researches reviewed for this Institutional Assessment
demonstrate the need to review the support given by government and nongovernment
institutions to the BJS. While the BJS presently works well, strengthening support for the
system through information, training and capacity-building measures, and inter-agency
cooperation will definitely solidify its role in improving the public’s, especially poor
people’s, access to justice.
The BJS needs to be interfaced with other laws that aim to protect the rights of
indigenous peoples over their ancestral lands and domain.
There is a need to review the composition of the Lupon. While one literature
suggests that the lupon should be elected, to be able to raise awareness on its existence,
interviews and other literature point to the fact that there is a need to depoliticize the
whole system and divert cases away from political figures into more credible members of
the community.
There is a need to increase the jurisdiction of the BJS to include other barangays
in adjacent municipalities and even provinces to resolve the problems relating to access
by disputants belonging to different barangays. There is also a need to increase the
jurisdiction in the nature of cases, i,.e, increase the amounts covered to be able to include
cases such as violation of the bouncing checks law which currently represent a large
proportion of the court dockets.
There is a need to improve the access to family courts and strengthen its tie-up
with the BJS.
The following pages will detail results of the barangay-level interviews of experts and
community residents, and the results of the municipal-level focus group discussions of
other key actors in the justice system.
Municipal Profile
Tigaon is located in the eastern part of Camarines Sur. It has a total land area of 10,988
hectares. It is 44 kilometers northeast of Naga City and 492 kilometers South of Manila.
A large portion of the town is plain or flat; however, six out of 23 barangays are gently
sloping to rolling areas located at Mt. Isarog with slopes of 18-30%.
A total of 45,500 (2004) persons in 8,650 households are presently inhabiting the town.
4,350 of these are located in the only urban barangay of Poblacion.
The town is agricultural with abundant supply of palay, corn, root crops, sugarcane,
coconut, citrus, vegetables, marine, livestock and poultry products . Formerly world-
renowned because of its high quality of abaca fibre, Tigaon’s supply of abaca is now
depleted due to massive conversion of abaca plantations into sugarcane and/or corn.
a. Composition of the Lupon Tagapamayapa- Of the three barangays surveyed, the Lupon
Tagapamayapa did not exceed ten members. In Brgy Salvacion, the midway barangay,
respondents said the LT had 11 members, but this included the Brgy Captain and the
Brgy Secretary. Women are a minority: of the three barangays, only one had women
members, and counting only three or one-third of the LT members. When asked what the
reason was for not having any women members, informants said there were no women
who had enough experience and of mature age. Apparently, age is a significant indicator
for selecting LT members. Age of lupon members ranged from 40-75, with majority
aging 51-60 years old. The barangay nearest the center had a number of professionals in
the Lupon (5 out of 10), while both the midway and farthest barangays had no
professionals within its ranks. Most of the Lupon members in the two latter barangays are
b. Term of Office of the Lupon - The question on term of office was also found to be
irrelevant, as lupons were constituted upon the assumption of the brgy captain, who in all
three cases were elected in 2002, and retained more or less the same lupon members.
d. Nature of cases filed/encountered – Expectedly, the nature of cases filed before the
Lupon are “petty” and “minor” in nature: public scandal/malicious mischief, loans and
other money matters, and “chismis” (slander). A total of seven VAWC cases for all three
barangays were filed: In Poblacion, one case of sexual harassment of a woman and one
act of lasciviousness on a child was reported; in Salvacion, two cases of domestic abuse
and one child maltreatment case, and in Coyaoyao, a case of marital rape/domestic abuse,
and a case of child abuse.
There is much evidence of lack of awareness and sensitivity on VAWC cases. In Brgy
Coyaoyao, in a domestic dispute between couples which has resulted to violence, the
brgy captain counselled the couple to reconcile “Mahal mo naman asawa mo,
magkasundo na kayo”. Also in that barangay, the Captain announces the cases in a
blackboard at the door of the barangay hall the names of the disputants, case number, and
the nature of the case, as a strategy to make the parties appear and to settle cases, and to
discourage repeat offenders, although barangay officials claim that when cases are
sensitive in nature, this is not done.
e. Length of Resolution of Cases before the Lupon- In all three barangays, cases are
settled within 2-3 sessions, with each session averaging 1-2 hours. Length of time of
resolution of cases depends on documentary support and the availability of the barangay
captain. Typically, a “cooling-off” period of one week after the first session is
recommended, the theory being that after such a period, parties would be more amenable
to settlement.
f. Venue and time of mediation and conciliation- brgys Poblacion and Salvacion always
conduct mediation and conciliation at the barangay hall. In brgy Coyaoyao, a case of
domestic abuse was mediated in the house of the couple. Some form of office hours is
observed, which is the official hours of the barangay. But barangay officials still contend
that “it depends on the disputants”, implying a great degree of flexibility in the
observance of official hours.
g. Funds for the Lupon – in all cases, the funds for the Lupon is obtained from the overall
IRA of the brgy. No support from the Municipal government is obtained specifically for
the Lupon’s operations alone. Brgy Poblacion provides P50 for lupon members for each
case handled, whereas Brgys Salvacion and Coyaoyao both devote an amount annually
(P4,500 and P4,000 respectively) divided equally as an annual “cash gift” to lupon
members. To some lupon members this level of remuneration is already acceptable,
viewing serving in the lupon as a form of community service, while others contend this is
not enough, but they express resignation because the barangay internal revenue allotment
(IRA) is low.
Users pay a very minimal amount, from P20 (Poblacion and Coyaoyao) to P50
(Salavacion). These were supported by barangay ordinances. These fees are then
centralized along with other barangay funds, managed by the barangay Treasurer. When
asked if this fee is enough, respondents said this is not enough, as even computer ink used
in printing letters and agreements already cost P1,000 each.
i. On Records the Lupons keep- Kinds of records and files being kept are: on settlements,
on complaints, on summons, on Certificates to File Action, Annual Reports, Monthly
Accomplishment Reports, attendance in meetings, Minutes of Sessions, logbook of
cases/blotter book, case folders, and standard forms (kept in triplicate for DILG, Brgy
Secretary, and Pangkat Secretary). These are all kept in filing cabinets in the barangay
hall. It was not clear however whether access to these records are limited to the brgy
secretary or not. In most cases, confidentiality is compromised by the accessibility of the
records to most brgy officials.
k. Dispute resolution practices operating in the barangays –In most cases, residents go to
the barangay to file complaints, and the barangay captain attempts to mediate, before
referring it to the Lupon, which rarely happens in very rural barangays. In Brgy
Salvacion, however, the barangay kagawads attempt to settle disputes as a first step. If no
settlement is reached, the Brgy Captain then mediates. Cases reach the Lupon as the third
attempt. Community members validate this. The former barangay captain attests that
residents think that when cases reach the Lupon, this is viewed as a difficult case
(“mabigat na”), and when no settlement is reached, then the logical step is the issuance of
a Certificate to File Action in Court.
One recent disputant narrated his experience from filing of a complaint to its
resolution in the KP. Vicente, a 70 year old farmer, noticed in October 2005 that his
rooster was missing. He noticed that his neighbor is keeping a rooster very similar to his.
He strongly suspected that was his rooster, although the neighbour strongly denied it. He
filed a complaint before the Lupon Tagapamayapa. Because there are conflicting
versions, the lupon investigated the neighbor and gathered testimonies from other
neighbors. In the end, other neighbors testified that although the neighbor had a similar
rooster, it had already went missing before the dispute. After three sessions covering the
span of three months, the neighbor finally conceded that the rooster was of the
complainant.
A pastor of the local Born Again Church in Brgy Salvacion confirms the positive
image of the Lupon in their brgy. He says he had been hearing only good feedback from
residents. Lupon members are believed to exert all efforts to reconcile parties, that they
are objective and fair, and that they counsel parties.
l. on Reasons why community members will not use the system or why lupon members
would not serve
The pastor of the Born Again Church however relates that his church members do
not use the lupon tagapamayapa to settle disputes. Members go to their pastors first when
they have disputes and the pastor mediates between churchgoers. If one of the disputants
is a non-church member, the pastor acts as the “go-between” between his flock and
outsiders.
One barangay official cited the lack of a separate office and the lack of face to
face meetings of the lupon as the reason why Lupon members have lost motivation for
serving in the Lupon. They also cited the effect of local politics; implying that there are
lupon members who had a falling out over political differences after the 2004 elections.
Refresher courses and continuing education, including orientation on new laws even
if these are not covered by the KP
Better incentives so that the Lupon could be activated
Setting of quality standards, including attitudinal levels and educational attainment;
Reorganize the lupon, to retire old members and to include women members in the
Lupon
To improve capacities, members of the lupon observe other lupon members on how
they practice mediation, and to reactive monthly meetings to facilitate exchange of
ideas
Devote a separate office
Observe confidentiality; do away with announcements in bulletin board on cases;
Conduct information campaign in the community on the KP, because citizens are not
aware of the KP
On the most pressing issues being faced by the Katarungang Pambarangay, the
President of the Association of Barangay Captains said that the lack of a legal adviser
or legal information officer greatly hamper their ability to analyze cases and thereby
determine whether these are within the barangay’s jurisdiction or not. The first hurdle
is on how to “label” cases, or “assign titles” to cases. On jurisdiction for instance, if
the barangay captain himself/herself or barangay officials are involved in the dispute,
the dilemma is on how to delineate offenses in their official or personal capacity.
There is lack of or insufficient training for barangay officials on the Katarungang
Pambarangay law; there is insufficient knowledge of the KP law both by disputants
and Lupon members themselves;
Citizens routinely circumvent the process due perhaps on the lack of credibility of the
brgy captain and the lupon members, and the perception of lack of impartiality.
Citizens do not appear before the lupon and instead choose to get Certificates to File
Action in Court
Because of the perception of bias, disputants might go to the police even if the case is
within the jurisdiction of the katarungang pambarangay. In other cases, the barangay
officials themselves refer the disputants to the police;
There is still the perception of stronger authority or mandate and protection that the
police and the courts have than the barangays;
When cases reach the courts, they are dismissed due to technical reasons, most often
faulty evidence;
A reality that is recognized by many is that disputants agree to settle criminal cases
before the KP even if these are beyond the jurisdiction of the KP or even if the law
expressly prohibits such settlements;
Lupon members feel intimidated when disputants involved are from higher social
status.
agreement;
There is difficulty in distinguishing between mediation, conciliation and arbitration;
Often this distinction is no longer made.
There are cases being dismissed outright for lack of interest, without going through
the proper process;
In general, there is a lack of commitment to implement the KP Law from many actors
and agencies concerned. Support from and resources of concerned agencies, for
instance, to provide training and information materials on the KP Law, are lacking;
On Monitoring and Evaluation, what is evident is self-monitoring, because the KP
Monitoring Unit is not functional. Monitoring is left to the MLGOO, who is required
to gather KP reports on a quarterly basis.
Institutional Assessment of the Philippine Barangay Justice System
Final Report Page 28 of 65
On the geographical, financial and cultural access of women, children, and other
vulnerable groups, women victims of violence seldom choose to report or file
complaints, because of shame and economic pressures.
DILG monitors performance and provides procedural advise, DOJ provides legal
advise;
The police provides procedural coordination with regard to endorsement of cases to
concerned barangays;
The Municipal Social Welfare and Development Officer provides counselling
referrals.
A diversion program for juvenile offenders is in place (for release in recognisance)
There is currently an informal network and good interagency coordination between
the PNP, the MSWDO and the Municipal Health Officer in Tigaon.
Filing of fees being imposed by Family Courts make them less accessible for poor
Issues and Concerns
MSWDO. There has been no formal training yet for current personnel, and this is a
problem in so far as the MSW is supposed to be present in investigation of cases
There is lack of information on the role of the barangays in the implementation of the
involving women and children.
While there was some training for the police on handling of VAWC, this was very
VAWC laws;
Municipal Profile
Puerto Galera is three and a half hours away from Manila: first by bus to the port of
Batangas City and then by motor boats, called “fast-crafts”. This coastal town is famous
for its numerous pocket beaches and snorkeling and diving spots. Recent years has seen a
huge reduction in the number of fishermen in the area, as they shift to and gain higher
revenue from tourist-related activities.
Puerto Galera is home to Sabang Beach and White Beach, favored by foreign and local
tourists respectively. These two are extensive beaches with first-class to economy-class
accommodations and an active night life in bars and restaurants. Behind the beaches are
the huge and generally unexplored mountain ranges of central Mindoro. Mangyan tribes
are scattered over the mountains sides - some of the tribes in the innermost parts of the
mountains have no contact with the outside world. Of the eight tribes on Mindoro, the
Iraya, living in the Puerto Galera area, is the largest. Although a minority, there is also a
significant number of Moslems living in the Poblacion (estimated at 700 people).
Findings
All three barangays listed twelve lupon tagapamayapa members. Of these three
barangays, Tabinay had the most active lupon, while Sabang had an inactive lupon,
although the 12 receive honorarium as lupon members. Poblacion’s lupon had four
active members out of the listed 12. Tabinay had five women lupon members,
Poblacion had six, while Sabang had none. Ages ranged from 50-70 years old.
Criteria for selecting lupon members were: had served in various capacity as
barangay official, leaders of NGOs and credible and respected members of the
community: the President of the Senior Citizen Association, a religious leader,
President of the Bantay-Dagat (sea wardens), and former kagawads or barangay
health workers.
Brgy Poblacion handled a total of 57 cases in 2006, 13 of which were referred to the
Pangkat. Brgy Tabinay had 28 cases in 2006 handled by the brgy, averaging around
four cases in a month. Of these, 25 were reported resolved. Another 20 cases were
said to be mediated by Kagawads; these however were no longer reflected in their
reports. Only once, in 2002, had the pangkat been constituted. In Sabang, a very thick
casefolder representing a total caseload of 148 cases for 2006 was produced; of these
140 were reported settled, while eight were not. Most of the cases were either handled
by the Barangay Tanod or Brgy kagawads, with a few being referred to the Barangay
Captain if unsettled. None of the three barangays reported having resolved a case
through arbitration.
However, upon probing for more information, the barangay police in Sabang
admitted that he had on occasion made decisions on behalf of the parties. These were
on cases involving women sex workers, a very vulnerable group owing to the nature
of their profession. He often makes decisions on how sex workers could be
compensated, and this is usually computed based on how much was spent for
transportation and board and lodging of the women to and from Sabang (many sex
workers are not from Sabang but from Manila and outlying provinces. The
respondents are often foreigners). He said there is no difficulty in making the parties
accept his decisions, first because he tells them there is no law that governs
prostitution and that it is in fact illegal, and second, the foreigners usually are afraid
of being entangled into legal troubles.
Typical cases handled by the barangay include slight physical injuries (brawls), oral
defamation (“tsismis”), theft, loans, and right of way. Brgy Tabinay handled one
attempted rape of a minor in 2005, three cases of domestic violence in 2006, and six
children-related cases. Two of these are child-support cases, and four children
accused of theft related to alcohol abuse. These are truant children who had drinking
sessions in the house of a relative of one of the minors while the relative (the
complainant) was away, and valuable items were reported missing after such a
drinking session. In the case of the attempted rape of a 14 year old by a drug abuser,
the brgy’s role was to issue a Certification to File Action in Court. The accused was
Also in Brgy Tabinay, the barangay captain knew of two cases of incest involving
minors, but these were not formally filed nor reported, because the children do not
want the burden of having their own fathers jailed.
In Sabang, one case of prostitution of a minor (16-17 years old) was handled by the
barangay. The minor was pimped by her own mother (it was not clear who the
complainant was). This case was not mediated but was directly referred to the
DSWD.
In Barangay Poblacion, the Brgy Captain said that if cases brought to him were
unresolved after 21 days, he endorses it to the Lupon. There has been 13 cases
endorsed thus far since 2006. The Lupon resumes the mediation from he left it off.
When the dispute involves women, the cases are referred to a woman kagawad.
Konsehala Cion, a kagawad active in resolution of cases, says that she has handled
more than 10 cases involving VAWC in 2006, one of which was a child abuse case.
In these types of cases, she conducts the mediation at her own home.
Other community members who get involved in resolving disputes in Brgy Poblacion
are the local Pastor of the non-Roman Catholic Christian church, the president of the
Muslim Association, and a retired policeman, who said that by virtue of his being a
known former police officer, people find him authoritative and knowledgeable
enough to conduct mediation. He said his credibility also stems from the fact that he
is an active churchgoer.
In Brgy Tabinay, the kagawads co-mediate with the Barangay Captain, and provide
support by counselling and accompaniment when cases need to be endorsed to the
police or social workers. When mediating, the barangay captain cites ground rules:
she tells the disputants that the objective of the session is to come up with a
settlement (“kaya kayo nandito ay para makapag-ayos”), and that she does not favor
long drawn-out disputes (“ayokong magtagal ang pag-uusap”). Complainants speak
first. When disputes involve physical injuries, she asks for medical certifications. A
bargaining process typically ensues. If the parties themselves could not settle on an
amount of compensation, the barangay captain herself participates in the bargaining
(“nakikitawad na din”) so as to speed up the process. She tells the disputants that the
objective is to avoid the courts because of the expense involved.
A recent complainant interviewed for this assessment complained that she felt she
was ganged up on (“pinagkaisahan”) by the brgy captains and the brgy police of
Sabang. Merly Billesa, 42 years old, a banana cue vendor, said she filed a complaint
before the barangay on behalf of her 15 year old daughter who was punched by a
drunk in June 2006. This remains unresolved to date. A confrontation ensued before
the Brgy Secretary and one of the Kagawads. There were three sessions on this
Brgy Poblacion had handled one case of domestic abuse, one case of child abuse, and
two cases of theft committed by a minor since 2002. .
Poblacion devotes Tuesdays and Thursdays for settlement of cases, thus only eight
days in a month is spent for settling disputes. Sabang settles disputes Mondays
through Fridays at 8-11 am and 1-4 pm; however, disputes may be settled on
weekends by appointment. Brgy Tabinay allots every Fridays at 1-4 pm for settlement
of cases, so that the barangay captain can attend to other duties the rest of the week.
All three barangays seem to be fairly equipped to handle cases: their offices have
enough chairs, tables and even a computer and printer. Brgy Sabang even has a
telephone line in its barangay hall.
Both Tabinay and Poblacion do not pay any honorarium to its lupon members.
Sabang on the other hand, pays each kagawads P5,400/month, the Chief of Tanods
P900/month and each deputy, P600/month.
Brgy Poblacion officials suggest that citizens be also provided seminars and
awareness campaigns not only on the KP Law, but more important, on Moral
Recovery, on the Codes of Conduct of Public Officials (implying that some officials
might be violating the Code and the people might not be taking action)5, orientation
on how to maintain peace and order in the community, on the role of the youth, and
on updates on duties and responsibilities of barangay officials.
5
When interviewed separately and in private, this barangay kagawad complained that her barangay captain
is a habitual drinker, and that they are often in disagreement over how cases might best be handled. She
resents the fact that some cases should be handled by the barangay captain but these are referred to the
kagawads.
Institutional Assessment of the Philippine Barangay Justice System
Final Report Page 34 of 65
External Environment: Municipal Level Perspective on the KP, Mechanisms
and Linkages
There are only a few barangays with active Lupon Tagapamayapa (around 40%); The
LT finds it difficult to summon disputants compared to the police;
No honorarium for Lupon members;
Partisan aspect of lupon tagapamayapa; even in the manner of questioning, disputants
get the perception of bias; which is why cases are elevated immediately to the police;
Issuance of Certification (summary of findings) is sometimes not sufficient; when
handled by police, police requires medico-legal report;
Land disputes used to be elevated to the Mayor/Vice Mayor; disputes in poblacion
barangays are sometimes elevated to the Mayor; Mayor is perceived to be more
action-oriented;
Peace and order related usually are referred to the police
Marital problems, domestic abuse; sexual abuse are referred directly to DSWD;
In Sabang and White Beach (tourist areas), disputes involving foreigners abusing
Filipina partners, cases are usually referred to the DSWD and Police;
In San Isidro and Balatero, cases involving women are directly referred to DSWD,
especially in sexual-abuse cases;
Child Abuse cases is settled at the barangay; when not settled by the PB, referred to
Lupon (Dulangan);
Phedophilia cases were in the past not given attention; in one case the Mayor
arbitrated;
No MTC in Puerto Galera; women’s and children’s access are hampered by distance
and expense of going to MCTC;
In two cases, women abused by foreigner partners go to Mayor for settlement;
agreement was computed on salary of a housemaid as basis for support;
Land disputes (boundary disputes) are ably settled by KP;
There is lack of training/briefing on protocols; including value-formation; Secretary
be included in training so that systems and procedures are in place;
Lupon members are not given enough motivation;
Conciliation is rarely conducted;
Certificates to file action readily issued in one day in some cases;
Indigenous people still practice “tigi”; “pangaw”;
IP vs non-IP was referred immediately to police (rape);
with the MSWDO and the Police in the issuance of such reports
The PNP’s role is in investigation and filing of cases. It coordinates with the
Municipal Health Officer, DSWD, and the Barangay on cases within the jurisdiction
of the KP.
Institutional Assessment of the Philippine Barangay Justice System
Final Report Page 35 of 65
DSWD provides counselling services, and takes temporary custody of victims in its
shelters located in Manila, Naujan, and Batangas.
For custody cases, there are many requirements (brgy clearance/blotter; medical
before the MHO, the PNP and the DSWD weakens the cases of VAWC victims.
Temporary shelters are too distant; foster families are the alternative, but this is not a
certification; police blotter; social case study report; picture).
No separate cell for juvenile offenders; hospital sometimes serve as detention cell for
sustainable solution.
women offenders.
Task Force Phedophile has been formed in the past, but this is currently
On Existing Interagency Mechanisms:
Municipal Peace and Order Council (same membership as above) has an active
DSWD, NGO.
referral system.
Municipal Profile
Balo-i is a crossroad of two cities: Iligan City and Marawi City. This Municipality is
strategically located in terms of trade development and agricultural growth. Balo-i serves
as one of the outlets of the said two cities for commercial and agricultural products. Balo-
i enjoys a mild climate almost free from the direct effects of tropical typhoons. Excessive
weather disturbances are unheard of. Balo-i is still basically an agricultural community
with a total effective agricultural land of approximately 11,698.25 hectares representing
83.71% of the total land area. These are distributed to the following major crops: rice,
corn, legumes and coconut.
Two major industrial undertakings in the municipality are a National Power Corporation
power plant and the Paper Industries Corporation of the Philippines that are located in the
northern portion of the town.
Maranaos are noted for their maratabat and rido (sometimes spelled ridu) - values that
refer to self-esteem, personal dignity, honor and pride, on one hand, and family feuds,
conflicts, revenge, and acts of retribution on the other. Maranaos are extremely sensitive
people, especially when their maratabat is at stake. The Maranao’s honor and dignity are
everything to him, so that the wounding of these, whether real or imagined, becomes a
challenge to his manhood. Maratabat is the key to Maranao psychology, the single most
emotionally charged concept among Maranaos. Derived from an Arab term, maratabat
means “rank”, “honor”, or “status”, similar to the Spanish “amor proprio” meaning self-
esteem. It is often equated with the Tagalog “hiya (shame)” or “yabang (pride)”. It is
directly proportional to the Maranao’s rank and status; an individual’s unusual behavior
is a manifestation and a validation of the maratabat of his position in the social hierarchy.
In addition to the personal dignity and extreme sensitivity, maratabat is the Maranao’s
6
From Bartolome, Claribel’s Maratabat and Rido: Implications for Peace and National Development
Institutional Assessment of the Philippine Barangay Justice System
Final Report Page 37 of 65
expression of social position or rank consciousness, sustained by social coercion. It is
also a mechanism for controlling conflict and achieving reconciliation, a sort of welfare
and social security system, and a defense mechanism. A Muslim scholar refers to a close
relationship between maratabat and the Arabic words tartib and martabah. Tartib is
order, arrangement, or sequence, while martabah means rank or grade a person possesses
in relation to an order.
Maratabat involves and manifests, or is related to shame, anger, aggression, hostility and
violence. It is one of the major roots of Maranao conflict and their non-resolution. When
an individual transgresses a Maranao adat (custom), the Maranao reacts, and his reaction,
whether negative or positive, is what is referred to as maratabat.
In maratabat, the Maranao puts the law into his own hands to avenge a personal or
family injury. Otherwise, he will be continually insulted by those who knew of the
unavenged offense. Until the majority of the Maranaos decide to describe to the legal
procedure of administration of justice, rido will always take place.
Rido is a Maranao term which can be equated with feud, conflict, discord, and
disagreement. The ambit, however, of what can be classified as rido is too wide to
discern immediately. Rido could either be petty trouble or a grave conflict; however, it is
usally associated with major confrontations. Rido also applies as a generic term for
whatever trouble that may ensue out of the conflict. It is vendetta pitting one person,
family or clan against another.
Findings
Two barangay-level interviews were conducted, participated in by 44 key informants:
Brgy Nangka, a mixed Christian-Muslim community, urbanizing in nature, and closely
governed by the municipal LGU by virtue of its proximity to the center, and Brgy. Ma
Cristina, a community with a population of 80%-20% Christian/Muslim ratio. Twelve
municipal officials participated in a focus group discussion on inter-agency linkages on
the KP and VAWC laws implementation.
Ages of lupon members range from 40-75years old. Most are farmers, drivers,
housewives and retired army or police officers. Except for the latter, no other
professionals were enlisted in the Lupon in either of the two barangays.
In Brgy Ma Cristina, all purok leaders are automatic lupon members, the 11th being
the Lupon Chairman. The three year term limit is not observed since purok leaders do
not have term limits prescribed.
In both barangays, there are many actors in the community involved in dispute
resolution. Since both have mixed Christian-Muslim populations, datus are invariably
involved in dispute resolution in differing degrees if Muslims are disputants.
In Nangka, cases are typically resolved within the day. Usually, a lupon member
partners with one of the kagawads in handling cases. Cases are mediated at the purok
level, where there is a purok center. Each lupon member also conducts mediation at
their respective houses.
When disputes do reach the barangay, the concerned lupon and kagawad member
conduct investigation and fact-finding, then the case is brought before the barangay
captain. They then co-mediate the case with her.
Cases that are handled in Nangka include family disputes, alcohol abuse, gossip,
cases involving fishing rights. It has also handled two cases of double murders. When
asked on their involvement to a gravely criminal offense, the reason they cited was
that the police do not have enough numbers of investigators. When resources allow,
the NBI is called upon to investigate criminal cases.
Nangka has mediated 30 cases in 2006. Of these, about 10 were women-related, and
six were children-related.
In Brgy Ma Cristina, there were seven cases brought before the Punong Barangay,
although the Brgy Captain reported that lupon members handle an average of two
cases in a month. Disputants go to the Purok leaders first, or to the Datus in the case
of Muslim disputants. When these are not settled, the case is brought before the PB
while the Lupon Chairman co-mediates with her.
Types of cases handled were cases of harassment, damage to property and crops,
frustrated murder, and conflicts between Moslems and Christians. The brgy reported
four cases of women related cases, and two child-related cases in 2006. Of these, one
was an act of lasciviousness, and one was a case of rape. Both of these cases, while
blottered at the brgy, were referred to the DSWD. Only one case was issued a
Certificate to File Action in Court – an administrative case.
A case involving slander resulting to physical injury was referred to the police. This
case was interesting in that it is still very much reflective of a culture steeped in
A murder and frustrated murder usually results to payment of “blood money”. The
amount is negotiated, and when agreed, the whole clan of the accused pitches in to
reach the settlement amount. Sometimes, even the brgy officials themselves pitch in if
the clan does not have the capacity to come up with the preferred amount, just so that
negotiation would not result in an impasse. A recent case, for instance, was settled
with blood money amounting to P50,000. A ritual of “kanduri” is then performed;
food is prepared by the family of the accused and given to the family of the aggrieved
party. The clan of the accused also pays neutrals who witnessed and assisted in the
settlement agreement, with amounts ranging from P20 to P50 each witness.
Most of the mediation sessions are conducted at the house of the Purok president.
When disputants belong to different puroks, these are brought before the barangay,
and the brgy captain, the lupon chair and the purok presidents concerned constitute a
panel of mediators. Thus, virtually no office hours are observed; they are on call
24/7. There is a great premium placed in performing this function. When asked on
this unusual sense of duty, the purok presidents said :”kung hindi namin pupuntahan,
tatanungin kami: “bakit di niyo ako tinulungan? Barangay official pa mandin
kayo?”” (“if we do not respond to their requests for intervention, we will be asked:
why did you not help us? You are barangay officials”).
Cases handled by the purok presidents are no longer recorded in the barangay. The
purok president keeps her own records at home, and most of the minutes are not
recorded -only the complaints, nature of the case and perhaps a copy of the settlement
agreement, but these were not turned over to nor consolidated with brgy records.
Only cases reaching the barangay and mediated by either the brgy captain or the
lupon chair were recorded. Thus, what might be reflected in their monitoring reports
to the DILG and elsewhere might not truly be reflective of the number of cases
actually resolved at the lowest levels.
Thus, brgy Nangka lupon members are familiar with the VAWC laws. They
particularly cited laws they are familiar with the laws on battered wives, and on child
abuse. Brgy Cristina lupon members on the other hand learned from Bantay Bata
163, a particular program from a civic organization. They are familiar with the
battered wife and child abuse, citing even that abuse does not only refer to physical
abuse but also to emotional abuse.
g. Suggestions for improvement on the KP Operations: include
for the brgy tanod to work closely with the lupon in terms of investigation and
“intelligence” – gathering , especially in drug and alcohol-abuse cases. Seminars
should be jointly conducted with the tanods.
Seminars are needed on how to settle the case. One respondent particularly cited a
seminar for A9262 because she feels domestic violence is not adequately addressed.
She claims these are not reported nor recorded in the brgys.
Pre-Philippine Constitution, Maranaos use the “Idsma and Taritib”, a native system of
settlement.; Idsma and Taritib are however not codified.
Cases handled by the barangay include destruction of crops. About 70% of cases are
settled amicably. Cases that brgy officials are unable to settle, or cases which are
sensational in nature, are settled by Mayor or Vice Mayor. Example of cases handled
is elopement. In these cases, the intercession of the LGU (Mayor or Vice Mayor) is
sought. There is negotiation between the families. A fee of P100,000 is usually
asked, but bargaining ensues, and this could be reduced to as low as P50,000.
Apologies through “Panginsalaan” (Taritib) is expressed.
including child abuse.
Counselling is provided by MSWDO;
three out of 21 brgys have mixed populations, dominated by Christians
“Maratabat”, boundary disputes, causes RIDO; Rido is settled by LGU
Mayor designated 3 deputies (elders, former officials) to do shuttle mediation
Polygamy is practiced and may be treated as psychological abuse but permitted by
Maranao culture
Interagency Linkages:
Council for the Protection of Women - Chaired by Mayor, and members include:
MSWDO, MHO, Chief of Police, MLGOO, Mun. Budget Officer, Municipal Treasurer,
NGOs (Imam)
Disputes are settled by Lupon before being brought to the Brgy Captain
Brgy Nangka
Amicable settlement in one case involving homicide (still under the system of Idsma
case in court;
Council of elders handles VAWC cases; will not reach government offices but will be
and Taritib); facilitated by PB, LGU and respected elders;
It is not part of Maranao culture to report to officials any offense; Council of Elders
resolved immediately or else reach the office of the Mayor
Consensus among elders; eldest son is considered an elder, when reaches sufficient
are preferred mediators;
If disputants involved are Maranao and Christians, a composite group of Lupon and
age;
Tacurong became the first component city of the Province of Sultan Kudarat in 2000. It
has a total land area of 15,340 hectares, small even on municipality standards. The city is
composed of mostly Ilonggo settlers from the province of Iloilo; thus Hiligaynon is the
predominant language used. Located at the center of Central Mindanao, it is 92
kilometers from General Santos City, 96 kms. from Cotabato City and 178 kms. from
Davao City. It is situated at the crossroads of the Davao-Gen. Santos-Cotabato highways,
and is the population, financial, commercial, education, and rest and recreation center of
the area. It services the needs of 15 neighboring municipalities. People from these areas
go to Tacurong to sell their products, purchase their needs, pursue education, avail of
medical and health services, and seek recreation. As an important hub of the Mindanao
transport grid, Tacurong is visited by numerous passengers and transients on their way to
the cities of Davao, Cotabato, General Santos and even Cagayan De Oro.
Tacurong City has ten barangays, with Barangay Poblacion serving as the seat of the
city government and center of most of the economic, cultural and political activities.
The most dominant religion in the city is Roman Catholic with 58,371 believers
representing 83.60 percent of the total population. About 5.18 percent or 3,616 are
Moslem (90% Maranao, 9% Maguindanao, 1% Tausug) while other denominations
account for 11.22 percent.
Brgy Ala, a rice and corn farming community, is located 18 kms from Tacurong City, and
could be reached in 30minutes from the City by bus. It has approximately 3,000
population in 525 households. Ala hosts two detachments- one for the Philippine Army,
and one for the Police. As of 2006, there are 225 Maguindanaoans residing in Ala. Brgy
Pamantingan is about the same size as Ala, with a population of 3,355, 75% of which is
Teduray (an indigenous people), while the rest are Ilongo, Cebuano and Manobo.
A Note on Maguindanaoans
A datu is the ruler of the elders of the community, who is always a male. However,
women are allowed to participate in decision-making. One becomes a datu by lineage,
and among the sons, one is chosen to become a datu by age and experience, and the trust
Institutional Assessment of the Philippine Barangay Justice System
Final Report Page 43 of 65
and confidence one has earned from the community members. The Maguindanao enforce
a system of sanctions and punishment which is in most cases a product of consensus
among elders (usually, five elders) in the community. The Maguindanaoans usually
enforce punishments through compensation in cash; retribution is not favored. The
elder’s word, when handed down, is final and executory.
The Teduray (also called Tiruray) indigenous peoples is also noteworthy. There are an
estimated 300,000-500,000 Tedurays living in Central Mindanao, scattered among the
provinces of Shariff Kabunsuan, Maguindanao, and Sultan Kudarat. Their center of
governance is located in South Upi, Maguindanao, the “seat “ of the Teduray Justice and
Governance System (TJG). Headed by a Chieftain, the TJG is the equivalent of the
Muslim “sultanate”. The Tedurays have managed to codify their justice system8,
composed of three parts: their Ukit (Constitution), Tegudon (Customary Laws), and
Dowoy (Penal Code). It is noteworthy that there are women leaders in Teduray
communities, and women leaders are organized into a Mintailan, whose influence is
equivalent to that of a Timuay.
Findings
Brgy. Poblacion has 20 Lupon members, eight of whom are women. While all of the
Lupon members are Christians, four Moslem leaders (two Maranaos, two
Maguindanaoans), are called upon by the barangay captain when at least one of the
disputant is a Moslem, and is referred to by the barangay captain as “informal lupon
members”.
Heads of purok (7) were automatic members of the Lupon. Other members of the
Lupon were selected based on the following criteria: participation in relevant training,
recognized women leaders, acceptability in the community, and active in community
service. It is a diverse lupon based on occupation: there are day care workers,
volunteers, two retired government employees, four businessmen/women, farmers
and a driver. Age ranges from 31-70 years old, with majority (11) belonging to the
41-50 age range.
7
Based on interviews with Timuay Melan Ulama, Assistant Director of the Organization of Southern
Cultural Communities.
8
For more information on the Teduray Justice System, contact Timuay Santos Unsad at the Organization of
Southern Cultural Communities in Cotabato City.
Institutional Assessment of the Philippine Barangay Justice System
Final Report Page 44 of 65
Brgy. Ala’s Lupon has 13 members serving its 3,100 inhabitants (525 households).
Of these, three are women. Age ranges from 41-75. Professions listed are
businesspeople (4), farmer (3) and retired teacher (1). Of the 15 members, five are
purok leaders. Ala is headed by a 49-year old woman barangay captain.
Brgy Pamantingan has 11 lupon members, 9 of which are Tiruray, and the two
others, Ilonggo. There are no women members in the Lupon; in Tiruray culture, civic
participation is not expected of women. Ages range from 35-75 years, with majority
belonging to the 41-50 age group. Most are farmers.
In Brgy Poblacion, over 254 cases reached the barangay in 2006; of these, 243 were
settled while 11 were issued Certifications to File Action in Court. Forty-eight cases
were classified as “Conferences”, a label used for cases that are difficult to classify. A
total of 28 cases were referred to the Lupon in 2006.
There have been two BPOs issued by the barangay in 2007 alone on behalf of women
victims of domestic abuse. All children-related cases were handled by the Lupon so
far. Cases of domestic abuse are handled after fivein the afternoon to ensure privacy
of disputants.
In another case in 2006 handled by a lupon member was the case of live-in partners.
The man, already married when he lived with his common-law wife, became involved
with another woman. The second girlfriend further incurred the ire of the first by
spreading rumors on her. The man involved was a classmate of one of the lupon
members. The lupon member served as mediator; he managed a confrontation
between the three persons involved, and part of the agreement was that the second
girlfriend will refrain from saying anything against the first girlfriend to other
community members.
Two Purok leaders (Puroks 5 and 6) are very active in the settlement of cases. When
disputants involved are from these two puroks, the case is normally handled by the
purok leader in their respective purok centers. When cases are not settled by the
When cases do reach the barangay, an officer of the day, a kagawad, handles the case
as a sort of intake officer. Each kagawad get to be officer of the day thrice a month.
The barangay captain admits that while no arbitration agreements are signed, he has
on many occasions done arbitration, in what he terms as “Solomonic” decisions. For
him, it does not matter whether the process is called mediation, conciliation or
arbitration; when disputes are resolved, they label it as “amicable settlement”. The
Brgy Captain further narrates that in practice, disputants do not question his word and
do not alter his decisions. Some of the agreements are verbal in nature and are no
longer put down into writing, but the barangay captain nevertheless is confident that
there is a high compliance rate. Minutes of the mediation session are not recorded,
perhaps because of the logistical difficulty it poses when a barangay handles such a
high caseload. The barangay captain wishes though that sessions are tape-recorded.
When one of the disputants is a Moslem, the barangay captain calls one of the
Muslim “informal lupon members” and they act as co-mediators. When the barangay
captain senses that disputants merely want a Certificate to File Action in Court, he
immediately refers the case to the Lupon (such as what happened to a case of dog
bite).
In some cases, the barangay captain is called by the police, and he mediates between
disputants at the police station itself. However, most cases are handled at the
barangay hall, except for cases from Puroks 5 and 6.
In Brgy Ala, the Lupon handles 3-4 cases a month. Brgy Ala’s captain requires
disputants to go through their respective purok leaders first before filing cases at the
barangay. The purok leader pairs with a kagawad in settling disputes. If disputants are
from different puroks, the purok leaders co-mediate. The purok secretary records the
proceedings and the case file, and a logbook is kept in each purok. Only when cases
are not settled in the purok do they reach the barangay, for the barangay captain’s
intervention. When the case remain unsettled, it is referred to the Lupon. In 2006,
about 10 cases were referred to the Lupon Tagapamayapa. Of these, three cases were
issued Certificates to File Action in Court, which disputants bring to the police.
Common cases that reaches the barangay involve physical injury. One such case was
recently mediated at the police station, with Ala’s brgy captain present. This is a case
where one worker of a physician was assaulted which resulted in hospitalisation. The
complainant wanted the other party to pay for his medical expenses. The Barangay
Captain “decided” that the cost of hospitalisation be split between the two.
In 2005, a rape of a six year old was reported in the barangay. The six year old was
asked to fetch wood for fuel. The accused, her 40-year old cousin, a farmworker and
A recent woman-related case was when a female senior citizen, 60+ years old, was
slapped by a 50+ year old man. The woman complained at the house of the brgy
captain, and was told by the BC to have the complaint recorded at the brgy. She
referred the case to the purok leader and kagawad. The Kagawad presided over the
mediation at the brgy, which resulted in a P50,000 compensation to the complainant.
Brgy Ala also charges P20 but this is paid only if the case is filed at the barangay.
The purok leader does not charge any fees when settling cases. The reason cited by
the barangay captain was: “para may trabaho at makilala ang purok leader”. Lupon
members are given P200 per case handled.
Ala’s lupon members obtained training in 2004 after the elections. In 2006, a training
on violence against women was provided by the DILG and the police, attended by the
brgy chair, secretary, tanod, lupon chair, and the chair of the peace and order
committee. Also in 2006, SALIK Cebu and the Commission on Human Rights
sponsored a training on human rights, including the rights of women and children.
This was participated in by the brgy captain, brgy secretary and lupon chair.
One standard operating procedure cited by Brgy Ala officials was on confidentiality.
Provision of regular legal advise, either through mass media, through the
past practice;
brgy officials, or through the police and DILG. This should include
Some issues and concerns on the KP that emerged during the focus group discussion in
There is lack of clarity of roles and responsibilities among different agencies on who
There is a very slow rate of resolution of cases filed before the courts, and circuit
have jurisdiction over specific cases;
Lack of information on laws, especially new laws affecting women and children;
courts overextended;
There are indigenous modes of dispute resolution co-existing with the KP:
There is insufficient time and resources allocated for training of KP;
Lack of reference materials on KP procedures;
Medico-legal certification issued by MHO;
Complainants who perceive the Brgy Captain as biased in favor of the other party
Complainants who are not satisfied with agreements resort to the police;
Close family ties in barangays affect the outcome of cases;
Child labor practices rampant in plantations; as of 2003, 63 were reported to the
Cases of other vulnerable groups such as poor drivers who are victims of corruption
DSWD;
cases filed in court for lack of support services;
Four cases reported since January 2007 of VAWC; many cases go unreported because
of lack or inaccurate knowledge of the laws; teachers and schools need to be oriented
on VAWC laws;
High incidence of teenage pregnancy reported as rape cases by relatives and girls;
Local and national laws protecting minors from patronizing adult establishments
are not enforced;
There are no temporary shelter (physical structure) that would house victims of
Issues and Concerns:
domestic abuse; temporary foster families instead fulfil this function, which is not
Juvenile Justice Act still has no IRR; there still needs to be more information on
the laws;
Local ordinances protecting women and children remain on paper and not
and insufficient human resources for programs;
Some of the laws are inadequate (eg no ordinance yet imposing sanctions on adult
implemented; there is a need to better coordinate among agencies concerned;
establishments allowing minors, although there is a national law covering this; but
there is an ordinance imposing disciplinary measures on minors); CPC need to
Police officers are often criticized for enforcing laws affecting women and
enforcers on the enforcement of laws affecting minors;
There are No rehabilitation programs in place for minors who are substance
children by other segments of the project;
abusers.
Located in central Capiz, Dao (pronounced Da-o) is a fourth class municipality 33 kms
from Roxas City, 61 kms from Kalibo and 88 kms from Iloilo. Land area totals 8,640
hectares. It covers 17 rural barangays and three urban barangays. Surrounded by valleys
and hills, 5,000 has are devoted to agriculture. A mostly-Hiligaynon-speaking, mostly
Christian nation, 87% of whom are Roman Catholic population, with nomadic Aeta tribes
in inland pockets.
Two barangays were visited in Dao: Brgy Manhuy, and Brgy Duyoc. Of the two, Brgy
Duyoc perhaps represent the ideal conditions for access to justice, although it is located at
approximately the same distance as Manhuy from the town proper, and although it had a
very low KP caseload.
Findings
g. Composition of the Lupon Tagapamayapa
Brgy Duyoc has 14 members, three of whom are women. Age ranges from 35-70
years. They are either farmers, hacienda laborers or carpenters. All of them are
Roman Catholics. Brgy Duyoc has a very close-knit political system: all of the brgy
officials are of the same political leaning as the Mayor, and political choices are
strongly influenced by the Mayor. Thus, the selection of the Lupon Tagapamayapa
members is a reflection of this mayorial hegemony.
To constitute the Lupon, each of the six sitios 9 nominated one or two candidates,
who were then evaluated and approved by the brgy Council. Since the Lupon was
first constituted, it had never been changed, except to add three members to the
original line-up.
Brgy Manhoy has 10 lupon members, with no women. Majority of these are in the
41-50 age range. One is a professional, an employee at the Municipal Engineer’s
Office, while the rest are either farmers or retired policemen. All of them are
Catholics. Similar to Duyoc, Brgy Manhoy’s lupon was constituted by nominations
from the sitios and approval of the brgy Council.
Brgy Duyoc handled only five cases in 2006: a dispute between two kumpadres, a
dispute between siblings, a dispute on share of crops, and on inheritance.
No case was referred to lupon members by themselves. In all of the cases handled by
brgy Duyoc, the Brgy Captain pairs with kagawads and lupon members in mediating
(“hambal”) a case. The barangay tanod’s assistance is sought in summoning the
9
a sitio is a sub-barangay unit bigger than a purok. A big barangay might be further subdivided into two or
more sitios. Not all barangays have sitios, but all have puroks, and the number of puroks vary depending on
the size of the barangay.
Institutional Assessment of the Philippine Barangay Justice System
Final Report Page 50 of 65
disputants. Sessions are conducted either at the brgy hall or at the house of the
Kapitan. No office hours are observed in handling of disputes: cases are accepted
24/7. No arbitration was reported.
One woman-related case encountered in 2006 was a wife battery case: this was
directly handled by the Mayor, who tasked the barangay captain to arrest the husband
and who had the husband jailed. The husband was released after imploring the
barangay captain to release him and that he has regretted what he has done.
The case handling was confirmed by the brgy SK Chairwoman, a 20-year old
graduate of Education. She said the Council (not the Lupon) predominantly handled
the wife battery case, that the Council took its role in considering this case very
seriously, and that it was a very difficult case to resolve. The Council counselled the
couple to talk their differences over. She reported that the couple had since then
reconciled. She said she believes in the integrity of the barangay’s dispute resolution
process, and that if she herself becomes a victim of abuse, she will go to the barangay
and report it.
Brgy Manhoy handled a total of 27 cases in 2006; of these, three cases were referred
to the Lupon (one so far since the start of 2007). Nature of cases handled were:
gossip, slander, damage to property, physical injuries, theft of livestock and
machineries. NO arbitration case was ever reported.
Two women-related cases and one rape of a child were handled by the brgy in 2006.
VAWC cases are blottered at the brgy but immediately referred to the DSWD.
Land disputes are referred to the Barangay Agrarian Reform Committees.
Complainants from each sitio go to their respective kagawads. If the kagawads fail to
settle the dispute, this is referred to the Brgy Captain, and if the latter fails, a
Certificate to File Action in Court is issued. Some cases are referred to the Mayor, or
the complainants themselves go to the Mayor directly if they are not comfortable with
their respective kagawads. This has been the case when disputes involve brgy
officials themselves.
Cases are handled in the brgy hall on the mornings of Mondays through Fridays. If
disputes arise in the afternoon, these are brought to the house of the bgy Captain or
the house of the Kagawad. However, the brgy hall blotters cases even after hours.
In Brgy Manhoy, records kept are: brgy blotter, a file on agreements, and a file on
summons. These are kept at the brgy hall, although each individual kagawad keeps
his/her own records of cases handled.
and kagawads but also for the tanods, because they help in settling cases.
To orient youth community members on value orientation, because mothers of
poor children and youth are mostly preoccupied with livelihood activities.
To conduct awareness campaigns on how women and children could access
justice, on where to go and who to contact when they need assistance.
Mostly mediated cases, per report; very low percentage of constitution of pangkat;
this is good and bad because cases are settled but the bad part is justice is not fully
served; walang mahihita ang member (no incentive) ; sometimes the suspect is kamag
anak of kapitan ;
There were a total of three BPOs in 2006 for the whole municipality;
The lupons lack training on the KP Law
Cases: public disturbance (“away” and “nagwawala”); alcoholism (“lasenggo”)
Institutional Assessment of the Philippine Barangay Justice System
Final Report Page 52 of 65
Police: domestic violence between husband and wife; Punong Barangay do not get
involved in domestic violence; before 9262 punong barangay di pwede patawag ang
lalaki; No training on the VAWC laws;
No or inadequate budget for training; no re-echoing of training for limited
participants
MHO: VAWC (2006) 2 cases of rape; 1 case of child abuse
Police: (2006) 6 cases of domestic violence; (2005) zero cases reported; In 2006,
during March and October there is synchronized barangay assemblies (police, dswd,
fire dept);
Crime prevention month, there are campaigns (symposiums) in schools conducted by
police and MHO; MSW;
Children’s month – Children’s congress
1. Local Council for the Protection of Children- Chaired by the Mayor, with members
including: DOH; DSWD; PNP; Department of Education; four representatives of
Children (Elementary and High School)and the MLGOO. Clerks of Court, public
attorneys and fiscals are not members of the council. The Council meets only as the need
arises; but was very active in 2006 because of the Local Children’s Code at the Provincial
and Municipal levels, for approval of the Sanggunians.
The Mayor notes that there are so many municipal level councils; mostly for compliance
only. There are women’s groups that are aware of women’s issues resulting form their
being beneficiaries of Reproductive Health activities. There are adolescents group in five
Community Based Initiative under the UNFPA and JOICFP started in 1998. These are in
barangays Duyoc, Manhoy, Matagnop, Agtanguay and Malunoy.
there are cases that were within the jurisdiction of the barangay but were passed on to
Issues and Concerns:
One rape of minor (Matagnop), non appearance of parent and child in cases; they
the police and vice versa;
heard this has been settled (poverty and inaccessibility were cited as reasons by
In one rape case, the parents of the victim did not want to file a case, there was no
MLGOO);
sworn statement, because the suspect had more resources than the victim and the
victim was a male child. The father stated: “walang nawala” (nothing was lost); the
judge did not want to accept the case because of the lack of a sworn statement from
the victim;
80% said they have Poor to Very Poor knowledge of the law. Only 4%
said they have Good to Very Good knowledge of the KP Law
71% said they have Poor to Very Poor knowledge of the Anti-
Violence Against Women and their Children Act of 2004 (RA9262).
Only 3% said they have Very Good knowledge of this law.
66% said they have Poor to Very Poor knowledge of the Juvenile
Justice Act (RA9344). Only 2.7% said they have Good to Very Good
knowledge of the Act.
67% said they have Poor to Very Poor knowledge of the Anti-
Trafficking in Persons Act of 2003 (RA 9208). Only 5.2% said they
have Good to Very Good knowledge of this law.
68% said they have Poor to Very Poor knowledge of the Child Abuse
Act (RA7610). Only 4% said they have Good to Very Good
knowledge of this Act.
79% said their workload is just enough; 8% said they were overloaded;
39% said they were underloaded
35% said they were fairly child-sensitive; 22% said they were Very
E. Child Sensitivity (Self Rating)
F. Skills
There seems to be consensus that the following tasks are frequently done
by the Lupon: Interviewing (including active listening, probing for more
information, and giving feedback), Facilitating Dialogues, Conflict
The less frequently done tasks are the following: technical Report Writing;
Analysis, Negotiation and Mediation.
Average training days obtained on the KP Law is one day. These were mostly
provided by either the DILG, Commission on Human Rights, DSWD (one
women and children’s laws) and various non-government organizations.
Those who underwent training from the Gerry Roxas Foundation, an NGO
largely supported by the USAID based in Capiz, had an average of two days’
training. The longest trainings obtained from the GRF were 11 days in Capiz.
The profile of Lupong Tagapamayapa members surveyed is very telling: on the average
there are 10-14 members, but urban areas would most likely have more than that, because
of the high caseload. Lupon Tagapamayapa members are mostly males, with barangays
even having 100% male LT members. Women are a minority, with only one barangay
surveyed having half of its Lupon Tagapamayapa as females. The age of members are
also telling: most are middle-aged, with members having as old as 80 years old, with very
rare cases of having members in their 30s. Even in mixed communities, Lupon
Tagapamayapa members are dominantly Christian. In rural areas, majority of members
are farmers; only the urban areas display membership of retired professionals.
4. Cases Handled, including VAWC cases. Most common cases handled include:
slander (paninirang puri), brawls (suntukan, bugbugan) and public disturbances,
collection of money, petty theft, petty destruction of crops, dogbites, and threats. Women
and children-related cases include: sexual harassment, acts of lasciviousness, attempted
rape, rape (including marital), spousal and child abuse, child support, and children in
conflict with the law.
The latter cases involving women and children are interesting because recent
legislation, especially the Anti Violence Against Women and their Children Act (RA
9262, often referred to by barangay officials as VAWC) expressly prohibits mediation on
domestic violence cases. The barangays may be forgiven for mediating cases because of
lack of knowledge with this fairly recent legislation, and therefore has implication on
training and capacity-building. However, even in communities where there is awareness
of the VAWC law, disputants themselves may prefer to have their cases mediated at the
barangays because of the unpredictability and inaccessibility of the court system, and the
lack of support services for victims of violence.
Women and children rarely report abuse, although community members are aware
that there are incidences of abuse. If they do report abuse, women very rarely pursue
cases in court, again for lack of support services. Poor people ALWAYS prefer to settle
VAWC cases.
6. On Cultural Practices. Moslem and indigenous practices are still very influential.
Even in mixed communities, when one or both parties are Moslems, the barangay
officials seek the help of datus, imams and Ulamas in resolving disputes, instead of
referring the cases to the Lupon Tagapamayapa. In disputes involving indigenous
peoples, barangay officials refer the case to the tribal chieftains and councils.
This has several implications. Many Moslem and indigenous practices are
blatantly anti-women, favour corporal punishment for children, and exact blood money
and other forms of retribution not provided for under Philippine laws. While many
insiders and even outsiders of these societies justify the practices under the principle of
self-determination and respect of various cultures, such practices go against universal
human rights laws, and the Convention for the Elimination Against All Forms of of
Discrimination Against Women (CEDAW). Such cultural practices also justify the
continued practice of rido, which contributes to the problems on peace and order in
Moslem areas, to the detriment of economic development in that region.
Local Women and Child Protection Councils are variably active. Most are active
only during Women’s and Children’s Months. Because of the sheer number of Municipal
and Barangay Councils mandated by various laws, women- and children Councils are not
sustained, and most were established for compliance purposes only.
Majority of municipalities have no temporary shelters; if there are at all, these are
very inaccessible.
Based on the preliminary findings, the following proposals for amendments to the KP
Law are being considered:10
10
Drafted in close collaboration with Mr. Felipe Ureta, Team Leader for the European Technical
Assistance Team of the Access to Justice for the Poor Project. These proposals are currently awaiting
Institutional Assessment of the Philippine Barangay Justice System
Final Report Page 59 of 65
a. List of lupon members
Proposal – The list of Lupon members should include qualified persons representing
various sectors of society and should be gender-balanced. Candidates to be included in
the list should be selected by a Board –which could be called the Barangay Lupon Board
(BLB) – composed of three persons, who should evaluate applications and interview the
candidates. The Board should then recommend the selected candidates to the Barangay
Captain. Based on the recommendation from the Board, the Barangay Captain should
propose the candidates to the Sangguniang Barangay for appointment. Lupon members
should be appointed by the Sangguniang Barangay for a 3-year term, which can be
extended successively. The list of Lupon members should be as long as required by the
actual number of cases in each Barangay. Membership of the Lupon should be open to
persons with experience in court annexed mediation or any kind of alternative dispute
resolution mechanisms. The Barangay Captain could propose the members of the Board
for appointment as Lupon members. Also, outstanding persons from the indigenous
communities (datus, elders, sultans) could be appointed members of the Lupon.
The three members of the Board are to be appointed by the Sangguniang Barangay, upon
the proposal of the Barangay Captain, for a 3-year term among qualified persons with
experience in justice related fields in the public sector, private sector or civil society
organisations. They should serve only one term and should be replaced annually by
thirds, in order to encourage participation of qualified citizens on a rotation basis. They
should serve without remuneration, but should be paid transport and subsistence
allowances.
The Board, in addition to selecting candidates to the Lupon, should also monitor and
evaluate the performance of Lupon members, and recommend new candidates for
appointment every year. As part of its monitoring function, the Board should call
monthly meetings with Lupon members. It should also make proposals to the
Sangguniang Barangay for improvement of procedures and practices.
The Board should report to the Sangguniang Barangay: the Board should thus have
consultative and advisory functions, with the decision-making power being exercised by
the Sangguniang Barangay.
Rationale. The selection of candidates for the Lupon should be done in accordance with
clear criteria and transparent procedures. Most importantly, the Lupon composition
should be gender-balanced.
comments from the Department of Interior and Local Government ‘s Legal Division. These will also be
forwarded to the Department of Justice for their comments.
Institutional Assessment of the Philippine Barangay Justice System
Final Report Page 60 of 65
Lupon members should be appointed for a 3-year term, with the well-performing ones
having the possibility of being re-appointed for successive 3-year terms. The Lupon and
the citizens would thus benefit from the continuity and permanency of the best mediators
or arbitrators. This would avoid replacing the Lupon members whenever a Barangay
election brings a new person to the office of Barangay Captain.
The Lupon should thus be a list or pool of selected persons willing to serve the
community as mediators or arbitrators. The list should include as many members as
required by the number of cases being filed at the Barangay (while the minimum number
of 10 lupon members is appropriate, there should not be a maximum number). The Lupon
membership could thus be drawn from different and various sectors of society and fields
of expertise, including indigenous leaders.
By having the Board members appointed for 3-year terms with one new member being
appointed every year, it is meant to encourage participation of qualified persons as board
members. The prohibition of re-appointment for a successive second term aims at the
same goal.
Giving the Board the tasks to monitor and evaluate the performance of Lupon members,
call monthly meetings of the Lupon, and come up with proposals for improvement of
procedures and practices are all intended to guarantee that such tasks are performed
impartially and efficiently, with the Sangguniang Barangay retaining the decision-making
power.
The Barangay Captain could delegate his/her powers to other Kagawads, where required
by the number of cases being filed at the Barangay.
Rationale. The Barangay Captain should be responsible for those functions which
involve the exercise of power (such as the ones enumerated above), but not for those
which require impartiality, neutrality and non-partisanship, such as mediation and
arbitration.
Therefore, removing the mediation and arbitration functions from the scope of
competencies of the Barangay Captain is intended to enhance his/her authority as an
elected official exercising strong powers (such as the ones enumerated above), while at
the same time preserving him/her from being blamed for bias and partiality.
Main articles to be amended: KP Law: 399, 410 b), 411; KP Rules: Rule III, Section 1
B, C; Rule VII
Proposal – Mediation and arbitration take place according to the following steps:
1. The Barangay Captain appoints one mediator chosen by the parties by common accord
from the Lupon list, who should perform his/her function within the period determined by
the law (15 days).
2. If agreement is not reached by the parties, the Barangay Captain could appoint a
Pangkat of 3 mediators chosen by the parties from the Lupon list, provided that the
parties agree to having a second phase of mediation by a Pangkat. If the Pangkat is
constituted, it should perform its function within the period determined by the law (15
days).
3. If mediation fails (either by the aforesaid mediator or by the Pangkat, where this was
constituted), arbitration should be compulsory for the parties for all civil cases up to a
certain amount, and for all criminal cases within the jurisdiction of the Barangay Captain
as determined in the law. For civil cases, the Barangay Captain should appoint one
arbitrator chosen by the parties from the Lupon list; for criminal cases, the Barangay
Captain should appoint 3 arbitrators chosen by the parties from the Lupon list to form a
Pangkat. The persons who acted as mediators should not act as arbitrators as well.
Arbitration should take place over a period of at least 15 days; certain cases could require
longer periods (to be determined).
Rationale. Given that the Barangay Captain would no longer mediate, a mediator chosen
by the parties should be appointed in his stead.
A second stage of mediation by the Pangkat should be optional, given that the parties
may not find it worthwhile to go through mediation again, this time by a 3-member
Pangkat. The fact that only around a rough estimate of 10% of the cases reach the
Instead, arbitration should be made compulsory in order to favor the resolution of cases at
the Barangay level and prevent cases from being filed in court which can be resolved at
the Barangay level; this would contribute to de-clogging the court dockets.
However, a distinction between civil and criminal cases should be made: given that all
civil cases without quantitative limits fall under the authority of the Barangay Captain
(except cases where one of the parties is a corporation or between persons living in
different municipalities), it seems appropriate to limit compulsory arbitration to cases
under a certain amount (to be determined). In criminal matters, however, the Barangay
Captain´s authority is limited by law to cases where the penalty is up to 1 year of
imprisonment or a fine of 5,000 pesos; therefore, all criminal cases falling under these
limits could be subject to compulsory arbitration.
Compulsory arbitration in civil cases could efficiently be done by one arbitrator only,
while for criminal cases a 3-member Pangkat should be formed.
The current period for arbitration provided for in the law (10 days) seems too short;
therefore, it is proposed to extend the arbitration period to at least 15 days, while
allowing for longer periods depending on the cases.
Main articles to be amended 404, 410 b), 413 a); Rule III, Section 1 C, Section 3, Section
4; Rule VI, Section 9
Proposal – The mediation sessions at the Barangay should not be open to the public
(although arbitration sessions can be public) nor should minutes of the mediation
proceedings be kept nor submitted to the courts. While appearance of parties in person is
a key principle, it should be made clear that parties could be accompanied by persons that
can help them, such as friends and relatives (provided that they are not lawyers).
The mediator should keep in utmost confidence all information obtained in the course
of the mediation process.
The mediator should discuss issues of confidentiality with the parties before the
beginning of the mediation process including limitations on the scope and extent of
the duty of confidentiality provided in any private sessions or caucuses that the
mediator holds with a party.
The mediator shall make reasonable efforts to ensure that each party understands the
nature and character of the mediation proceedings, including private caucuses, the issues,
the available options, the alternatives to non-settlement, and that each party is free and
able to make whatever choices they desire regarding participation in mediation generally
and regarding specific settlement options.
If the mediator believes that a party is unable to understand, or fully participate in, the
mediation proceedings for any reason, the mediator may either: a) limit the scope of the
mediation proceedings according to the parties’ ability to participate, and/or recommend
that the party obtain appropriate assistance in order to continue with the process; or b)
terminate the mediation proceedings.
The mediator shall recognize and keep in mind that the primary responsibility of
resolving a dispute and shaping of a settlement rests with the parties.
Where appropriate, the mediator shall recommend that the parties seek outside
professional advise to help them make informed decisions and to understand the
implications of any proposals.
In the absence of any applicable rules, RA 9285, otherwise known as the Alternative
Dispute Resolution Act and its Implementing Rules and Regulations should be a
reference for mediators and for mediation processes at the Barangay level.
A core message from the Access to Justice for the Poor project is that the
barangay justice system is about citizen participation in the dispensation of justice at the
lowest levels. The Philippine barangay justice system is a fusion of folk traditions and
Western conceptions of justice, tempered by universal declarations of human rights. The
above proposed amendments of the KP Law are meant to embody greater citizen
participation, with citizens exercising their right to choose their preferred dispute
resolution mode (mediation or arbitration), having a greater voice on who will facilitate
the resolution of their disputes, and generally having control over decisions on matters
that affect their lives.
This is not too far behind the concept of village-level tribunals composed of lay
people (not judges and lawyers) acting as lay tribunals that would hear cases similar to
the formal court system. In the future, dare we hope to see the transformation of a
judicial system that is bureaucratic and inaccessible, to one that is truly a citizen-driven
judiciary? Given appropriate national and local government support, given greater citizen
awareness of their rights, given a higher level of skills and a sense of civic duty, the
barangay justice system may very well be headed to that direction.