COMPETENCE AND RESILIENCY AMONG BARANGAY JUSTICE

SYSTEM MEMBERS AS MEDIATORS ON CONFLICTS IN

BACOLOD CITY

A Thesis Presented to the Faculty

of the College of Criminal Justice Education
University of Negros Occidental – Recoletos
Bacolod City

In Partial Fulfillment
of the requirements for the Degree of
Bachelor of Science in Criminology

ALIPATER, CHARLES
LAGO, BARON
PORENAS, CHRISTIAN PAUL
PRADO, KAREN MAE

March 2024
 CHAPTER 1

INTRODUCTION

In modern science, mediation is understood as a conflict resolution process in

which a third party, a neutral mediator, uses his ability to reach peaceful agreements

between the parties. In the reality of international conflicts, mediation can be used to

resolve disputes between two, three or more countries or in confrontations between the

state and certain non-governmental organizations. Mediation can consist of several

phases. It is a process that involves identifying the problem, gathering necessary

information, meeting the parties to the conflict, developing strategies to resolve the

conflict, and making recommendations on how to achieve the best possible solution

(Likarchuk, 2023).

Conflicts are resolved when destructive behavior is reduced, and hostile attitudes

are reduced. Therefore, conflict management can be directed towards conflict resolution.

Alternatively, you can turn to achieve more complex but lasting consequences of conflict

resolution (Bercovitch, 2019). Conflicts among communities are necessarily part of

human conditions. The court’s role was to settle disputes concerning the two opposing

parties’ rights and interests, suitability, and judgment. Yet, in most countries worldwide,

the court system has become overpopulated in the twentieth century, especially in civil

litigation or civil law issues (Acabo, 2021). This correctional system occurs within a

setting known as the barangay. It reflects a formal recognition of historical dispute

resolution and socialization practices in the Philippines by requiring that minor disputes

and criminal offenses be “amicably settled” by the barangay leader, or captain, without

the presence of lawyers (Sotto, 2021). The katarungang pambarangay system benefits the
parties by allowing them to come to their own accord to resolve their dispute in Barangay

without having to go to court (Lim, 2019). The expanded judicial body in punong

barangay mainly promotes the speedy resolution of cases; however, this power is also

extended to members of lupon tagapamayapa to adhere to more informed decisions. This

system can improve the quality of domestic justice; it would reduce the number of

indiscriminate filings of cases before the courts and reduce the number of cases filed

there to the courts (Benter, 2020).

Barangay Justice System in the local setting, seems that it had not been fully

institutionalized due to some internal and external factors negatively affecting it. Another

challenge is insufficient effective training and seminars about the Barangay Justice

System which leads to improper settlement processes and unsatisfied constituents. There

are also numerous instances of case recurrence with the same parties involved in the

dispute because of the inefficient conciliation process, another problem is the

unwillingness of one party to participate or attend the hearing, leading to unresolved or

unsettled cases. (Gonzales, 2022).

This study wants to measure the competence and resiliency among barangay

justice system members as mediators on conflicts in Bacolod City. This study is

motivated by a desire to advocate for social justice and to contribute to the improvement

of the members of the Barangay Justice System of Bacolod City.

While there exists literature on the roles and responsibilities of Barangay justice

system members in mediating conflicts, there is a lack of empirical research specifically

investigating the levels of competence and resiliency among these members in Bacolod

City. Understanding the competencies required for effective mediation and the resilience
factors that enable Barangay justice system members to navigate complex conflicts could

provide valuable insights for enhancing the effectiveness of conflict resolution

mechanisms at the grassroots level. Moreover, examining how these factors may vary

across different contexts within Bacolod City can offer a nuanced understanding of the

challenges and strengths present in the local barangay justice system, thereby informing

targeted interventions and capacity-building efforts.

After this study is complete, the researchers will coordinate with the LGU of

Bacolod City and recommend a very helpful mediation seminar to enhance the skills of

the members of Barangay Justice System in conflict resolution.

Statement of the Problem

Generally, this study aims to evaluate the competency and resiliency of barangay

justice system members as mediators on conflicts in Bacolod City.

Specifically, it aims to answer the following questions:

1. What is the demographic profile of the respondents in terms of:

a. Age

b. Sex

c. Educational Attainment

d. Number of years of service

e. Seminar Attended
2. What is the level of competence of barangay justice members as mediators on

conflicts in Bacolod City in terms of age, sex, educational attainment, number of

years of service and seminar attended?

3. What is the level of resiliency of barangay justice members as mediators on

conflicts in Bacolod City in terms of age, sex, educational attainment, number of

years of service and seminar attended?

4. Is there a significant difference on the level of competence of barangay justice

members as mediators on conflicts in Bacolod City in terms of age, sex,

educational attainment, number of years of service and seminar attended?

5. Is there a significant difference on the level of competence of barangay justice

members as mediators on conflicts in Bacolod City in terms of age, sex,

educational attainment, number of years of service and seminar attended?

6. Is there a significant relationship on the level of competence and resiliency of

barangay justice members as mediators on conflicts in Bacolod City in terms of

age, sex, educational attainment, number of years of service and seminar

attended?

Hypothesis

1. There is no significant difference on the level of competence of barangay justice

members as mediators on conflicts in Bacolod City in terms of age, sex,

educational attainment, number of years of service and seminar attended?

 2. There is no significant difference on the level of resiliency of barangay justice

members as mediators on conflicts in Bacolod City in terms of age, sex,

educational attainment, number of years of service and seminar attended?

3. There is no significant relationship on the level of competence and resiliency of

barangay justice members as mediators on conflicts in Bacolod City in terms of

age, sex, educational attainment, number of years of service and seminar

attended?

Theoretical Framework

This study is guided by PRESIDENTIAL DECREE No. 1508. Establishing a

system of amicably settling disputes at the barangay level.

Whereas, the perpetuation and official recognition of the time-honored tradition

of amicably settling disputes among family and barangay members at the barangay level

without judicial resources would promote the speedy administration of justice and

implement the constitutional mandate to preserve and develop Filipino culture and to

strengthen the family as a basic social institution;

Whereas, the indiscriminate filing of cases in the courts of justice contributes

heavily and unjustifiably to the congestion of court dockets, thus causing a deterioration

in the quality of justice;

Whereas, in order to help relieve the courts of such docket congestion and thereby

enhance the quality of justice dispensed by the courts, it is deemed desirable to formally

organize and institutionalize a system of amicably settling disputes at the barangay level.
 INPUT PROCESS OUTPUT

Age Survey

Sex Questionnaire Results and

Educational and Discussions

Attainment Analysis

Number of years in Conclusion

service

Seminar Attended Recommendations

Conceptual Framework

Figure 1. Framework of the study

The Input-Output-Process (IPO) Model serves as the study's framework. The

study, Competence and Resiliency among Barangay Justice System members on conflicts

in Bacolod City utilizes the IPO framework. The profiles of the respondents are the input

of the research. Survey, Questionnaire, and Analysis are the process and lastly the output

are the Results and Discussion, Conclusion, and Recommendation.

Related Studies

Foreign

According to (Zhomartkyzy, 2023), in her study entitled “The role of mediation in

international conflict resolution”, Mediation in international conflicts is based on the

principles of fairness, respect and trust. The mediator does not take sides or impose his
or her own solution but helps the parties to find a mutually acceptable agreement,

considering their interests and needs and ensuring the sustainability of the resulting

solution.

Mediation is, thus, an integral part of the EU's external action toolkit and is used

as an instrument to promote peace, democracy and protect human rights worldwide. This

commitment of the European Union is enshrined in the Directive (EC 15779/09) on the

development of the EU's mediation and dialogue capacities towards a more systematic

approach to mediation. As a result of the implementation of this policy, the number of

EU mediation efforts in inter- and intra-state conflicts has increased (Juamann, 2022).

Once mediation by a macrolevel entity is accepted, though, negotiating parties

may or may not have much say in who that entity sends to the mediating table. Thus,

even within the same organizations, there can be “Bunches and Bernadottes”, whose

professional backgrounds, skillsets, personality traits, experiences, and other personal

factors impact, either positively or negatively, their relations with the negotiating parties

and ability to guide 4 the disputants to a peaceful resolution (Rowland, 2021).

Local

According to (Umengan. 2023), in her study entitled “Extent of compliance with

the local government code (LGC) in barangay dispute resolution: an evaluation of

Lupong Tagapamayapa”, barangay system in the Philippines is an excellent example of

how a government can provide basic services and address the needs of its constituents at

the grassroots level. This system is intended for the peaceful resolution of disputes at the

barangay level, thereby avoiding the financial burden and time-consuming character of
traditional court proceedings. This legal mechanism, endemic to the culture and tradition

of the Philippines, has not only relieved the burden on judicial bodies but also promoted

an effective justice system within communities established under Republic Act No. 7160,

has also helped to promote an effective justice system within communities by providing a

peaceful resolution to disputes at the barangay level.

It provides a venue for amicable settlement between disputing parties who are

living in the same barangay or who are living in different barangays but within the same

city or municipality. By using this measure, a party can bring their grievances before an

independent party, who will invite the person complained of and provide an opportunity

for them to talk and be reconciled before proceeding to file a case in court. Along the

way, relieving the courts of docket congestion and allowing courts to enhance the quality

of justice dispensed by them. Three actors work within the KP Process: The Lupong

Tagapamayapa (or the Peace-Making Council), the Pangkat ng Tagapagsundo (or the

Conciliation Panel), and the Legal Advisers (De Leon, 2021).

Lupong Tagapamayapa has worked in the Philippines for many years resolving

barangay disputes. Studies have been initiated on Lupong Tagapayapa. Some studies

pointed out some of Lupong Tagapayapa's problems. Due to the lack of training of the

staff and the problems that repeatedly arise in the event of a dispute. Despite documented

cases, Lupong Tagapamayapa has helped communities, other studies show. One study

found that multilingualism makes conflict resolution significantly easier for parties with

different ethnolinguistic backgrounds. Another study found that Lupong Tagapayapa was

able to maintain neighbors' relationships (Asis, J., 2023).

 CHAPTER 2

METHODOLOGY

This chapter presents the subject of the study, method used, and the procedure

applied in this study.

Research Design

The Researchers utilized descriptive correlational research. This is a type of

research design that tries to explain the relationship between two or more variables

without making any claims about cause and effect. It includes collecting and analyzing

data on at least two variables to see if there is a link between them (Bhat,2023).

Descriptive correlational research design is appropriate to use in this study since it will

determine the relationship between (a) competence (b) resiliency c) competence and

resiliency of barangay justice members as mediators on conflicts in Bacolod City.

Respondents and Locale

The respondents of the study will be the members of the Barangay Justice System

in Bacolod City.

Measurement

This study will use a standardized survey questionnaire from the study of

Gonzales, (2022) entitled “The implementation of barangay justice system and

community satisfaction in the municipality of Calauan, Laguna: Basis for intervention

Program” as the main research instrument. The questionnaire will be modified and

adapted based on a specific study to align with the research objectives. This research
instrument aims to gather relevant information from the members of the Barangay Justice

System in Bacolod City, ensuring precise and effective data collection.

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