Berta
Berta
Berta
Introduction
of the Philippine Republic. Considered as the closest unit to the people, the
barangay is where the government meets the citizens face to face. Each
barangay is composed of one (1) Punong Barangay, and seven (7) Barangay
Kagawads.
According to Manuel and Vigo, (2004) the barangay, being the closest
political unit to the people, ensures peace and justice through the Katarungang
mechanism that is administered by the basic political unit of the country, the
municipality) and involves the Punong Barangay and other members of the
sometimes, arbitrators).
Spanish era all disputes were brought before the elders of the barangay for
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The law on the Katarungang Pambarangay was originally governed by
P.D. No. 1508. However, the Local Government Code of 1991, specifically
Chapter 7, Title I, Book III thereof, revised the law on the Katarungang
repealed pursuant to Section 534(b) of the [same] Code. (Uy v. Contreras, G.R.
known as the Local Government Code of 1991, and which repealed P.D. 1508,
introduced substantial changes not only in the authority granted to the Lupong
disputes within the authority of the Lupon. (Administrative Circular 14-03) By the
passage of R.A. 7160 (The Local Government Code of 1991), the Katarungang
Pambarangay was given a new mandate and has extended its reach of cases it
covers.
barangay the mandate to enforce peace and order, and provide support for an
where courts are inaccessible due to their locations or the prohibitive costs of
litigation, the Barangay Justice System has become a venue for the people to
avail of a peaceful resolution of their disputes. Lawyers are not allowed or are
barred from appearing in the barangay justice system, unless they are personally
involve, because the dispute must be peacefully settled by the disputants among
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themselves. It is believed that without the intervention of a counsel, a dispute has
lupons and only 18,199 of these disputes reached the courts. According to the
The Katarungang Pambarangay has two major goals: (1) to promote the
courts of case congestion; and (2) to perpetuate and continue the time-honored
tradition of amicably settling disputes without judicial recourse, thus following the
level especially in the effective and efficient service delivery to the community.
The synergy created by the barangays in service delivery reflects the state of
As the basic political unit, the barangay serves as the primary planning
activities and as a forum in which the collective views of the people in the
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community may be crystallized and considered. Through the barangay assembly,
people at the grassroots level may legislate directly on matters of local concerns,
In the same manner, Republic Act 7160, otherwise known as the Local
Government Code of 1991 mandates that the barangay discharges three seminal
and c) as a forum. As a basic political unit, the barangay is the smallest body
politic used for governance in the country being a political subdivision of the
government policies and activities in the community, create projects in its territory
and to deliver basic services of the government to the people. As a forum, the
barangay gets the sound views of the people on various political topics.
man has to enter politics in order to serve his people. Although, the trend, that
merit.
This belief is that people should achieve success through hard work and
ability. This is seen as the fairest and most especially an efficient way to
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distribute the social status and marital rewards within the society. We need to
have competent government leaders that can promote the general welfare of the
the Barangay Justice System through Lupong Tagapamayapa, the barangay has
some cases of local dispute and cases that need to be settled in the
For this reasons the researcher is desirous of knowing the functions and
This study attempted to find out practices of The Barangay Justice System
R.A. 7160, otherwise known as the local Government Code of 1991. It also
1. What are the different cases brought before the Katarungang Pambarangay?
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2. How effective the Katarungang Pambarangay in terms of:
3. What are the implications of the barangay justice system to the barangay
This study will cover barangay Tughan from the municipality of Juban,
from the Sanguniang Pambarangay and 5 from local residents of the barangay.
residents are not included in the study. The numbers of participants are enough
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Significance of the Study
barangay governance and how it run through the support system of barangay
justice system.
Students. The result of this study will serve as their guide in assessing
the importance of barangay peace and order that will bring them understanding
amicable settlement that will establish harmony and good relationship within
them and will help them uplift the understanding of good relationship among
neighbors.
beneficial to the BLGU for them to amplify their knowledge regarding settlement
and resolution on petty dispute in the barangay and will establish resilient
governance that may help the locality to understand the importance of good
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Future Researchers. The result of the study will be the springboard from
which future similar studies may be conducted to come up with new ideas and be
Definition of Terms
For better understanding of the study, the following words are defined
and its executive. It refers to the group of council in the barangay with the
municipality.
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Peace and order . Is a concept of societal friendship and harmony in the
misunderstanding.
parties to a dispute use a conciliator, who meets with the parties both separately.
resolution.
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Notes
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CHAPTER II
referred to several literature and studies that are related to the present study.
Related Literature
The existing law governing the Barangay Justice System is Republic Act
No. 7160. Pertinent provisions on BJS are Sections 399 – 422 under Chapter 7,
Title one, Book III; Section 17 (b) (iv); Section 389 (b) (10); 391 (a) (15); and
Section 515. Section 1117 (b) (iv) of the Code mandates the barangay to
maintain the BJS as one of the basic services. Also, Section 389 (b) (10) directs
the punong barangay to administer the operation of the BJS. Section 391 (a) (15)
parties who will fully refuse to appear during the scheduled hearing.
composed of the punong barangay as the chairperson and not less than ten and
more than twenty members. They are in-charge of conflict resolution in the
community.
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decision-making, the principle of the rule of law, protection of human rights and
independent judiciary.
That same thing applied to the local governance that it must apply a
democratic and humane decision that does not look for favor but rather it it in
conditions for ordered rule and collective action. The outputs of governance are
acceptable face of spending cuts. It is a code for less government. The rise of
limits of government. Yet its rise reflects a range of broader forces. Governance
is not the narrow product of fiscal crisis. The governance perspective works if it
Peter (1998) indicated that the old adage that "to govern is to choose"
remains true, and indicates that priority setting is a central feature of governing.
The basic argument here is that one organization, or a single government, is the
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most probable source of governance in the sense of priority setting and
coordination of policies.
This argument has been made within national governments, as the need
for increased levels of priority setting through the budget process, for example,
executives, even in spite of, or perhaps because of, continuing pressures to de-
and implementing government policies, projects and programs for the people
being governed. And such certain qualifications are considered in the succession
of one person to the position of the chief. One must be a heir of the chief.
However, if there were no qualified heirs, anyone could rise to that rank by virtue
local government unit such as the barangay exercises the powers expressly
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appropriate or incidental for its efficient and effective governance and those
demands of their constituencies of making them truly functional. They must also
possess the necessary professional training and competencies that will keep
Manuel and Vigo (2004) , stated that Republic Act 7160 or the Local
Government Code of 1991 expanded the scope and powers of the Katarungang
The barangays, being the basic political unit in the country, is in the most
facilitating conflict between and among the local residence of the barangay. The
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Related Studies
Feble (2014) , in his study stated that The Local Government Code, “any
individual who has a cause of action against another individual involving any
matter within the authority of the Lupon may complain, orally or in writing, to the
Lupon Chairman”. The law is clear in its contention in emphasizing that the
Individual means the natural person, not juridical like that of the corporation or
partnership. Thus, when one party is a juridical person, the complaint may be
filed directly to the court even without undergoing through barangay conciliation.
Tan & Pulido (2006) , pointed out that true to the form envisioned by its
(l) to promote the speedy administration and enhance the quality of justice by
amicably settling disputes among family and barangay members at the barangay
preserve and develop Filipino culture, and to strengthen the family as a basic
social institution.
Tan & Pulido, (2006) showed that mediation and conciliation necessarily
settlement, the parties must feel free to talk about their problems, mundane as
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they are, even those which do not have a direct bearing on the dispute sought to
be resolved.
of the disputants, on knowing what values are held by the parties, so that a trade-
create such harmony where there is none. This nature of the conciliation
process, therefore, extracts all statements from the parties as may be necessary
order with the formation of groups. Society is a system of groups which are the
breeding grounds for politics. Good governance can foster public participation in
barangay, it can be an effective tool for the promotion of the general welfare of
the people, thus would serve as an assessment for the performance of the
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According to Presthus (1975), political interest permeates the whole fabric
a highly political environment. Politics searches for ends as well as means for the
study since it discussed the need of the barangay to have a smooth and orderly
settlement exercised by the local authorities, all through the discussion the main
not to settle cases through courts if cases can be settled in the barangay.
barangay level was an off- shoot and alternative mechanism to the continuing
cases that need immediate response were not properly acted upon due to
limited number of judges, aside from the incapacity of the disputing parties to pay
considered as a carrier of many practices and these practices can improve the
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pellucidity and responsibility that all can enjoy democratic principle in accordance
to the rule of law, protection of human rights and self-governing judiciary. The
basic argument here is that one organization, or a single government, is the most
policies.
government policies, projects and programs for the people being governed. And
such certain qualifications are considered in the succession of one person to the
position of the chief and the Barangay Justice System designed not merely to
Feble , Tan & Pulido, pointed out that law is envisioned by its main
administration and enhance the quality of justice by relieving the courts of docket
family and barangay members at the barangay level, without judicial recourse,
of social order with the formation of groups. Society is a system of groups which
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are the breeding grounds for politics. Public administration works in a highly
political environment. Politics searches for ends as well as means for the
family and community peace at the grassroots. It improves the awareness and
technical know-how of individuals handling disputes and cases so that they will
become more effective in their works. Further, it also enhances immediate action
of cases at the local level so that it could no longer be elevated to the municipal
conducted which the researcher came across, they are included in the review of
related studies but he is so certain that not one study on The Barangay Justice
Peace and order in the municipality of Juban specifically in Juban Institute. They
may be related in some aspect of the study but differ in scope and respondents.
In this study, the variables are focused on the barangay Justice system of
Tughan, its effectiveness to barangay peace and order, the intervention offered
and the plan of action. This is the gap that is bridged by the study.
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Theoretical Framework
honorarium.
barangay of tribal chief, of before some respected elder foe amicable settlement
of differences.
Tadiar, believed that the law states, that only natural persons may
undergo conciliation. It is also emphasized the idea that the barangays are the
It is small in area but so big that they are actually the nearest to the people
making the easiest way to address the problems of the society. He further
with the essential duty of conciliating both civil and criminal cases with the
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qualification that penalty on the case thereto is not more than a year or has a fine
not exceeding five thousand pesos, before it may be filed before the court.
These theories considered by the researcher as the bases for building and
Barangay Justice Systems Improve the Peace and Order in the Barangay.
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Blue, Devanadero and
Leylo theory
The lupong
tagapamayapa
members need
considerable support to
keep them motivated
Researcher’s Theory
Effective Barangay
Justice Systems
Improve the Peace and
Order in the Barangay
Tadiar’s Theory
Theoritical Paradigm
Figure 1
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Conceptual Framework
This conceptual paradigm of the study shows how the variables are
The different variables of the study are the following: First is the is the objective
of the study to find out the Practices of The Barangay Justice System
and order. Next is the process this are the methodological approach, the
statistical treatment of the data from the respondents. The output component is
the recommendations of the researcher as to the result of the study. This may
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Notes
Pambarangay
Blue, Richard N., et.al. (2002). Assessment of the Centers of Local Governance:
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Tan, B. K., & Pulido, M. G. (2006). KATARUNGANG PAMBARANGAY LAW: ITS
Szerletics Antal: The role of good governance practices in the protection of fundamental
rights (2000)
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CHAPTER III
METHODOLOGY
This chapter outlines the strategy that adopted to answer the research
instrument, data gathering procedure and data analysis, are also described in
this section.
Research Design
study. Since the research is a fact finding study which needs adequate and
This study will cover barangay Tughan from the municipality of Juban,
from the Sanguniang Pambarangay and 5 from local residents of the barangay.
and 2 female from the members of sangguniang pambarangay and 3 male and 2
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Lupong Sangguniang Residents Total
Tagapamayapa Pambaranggay
2 3 3 2 3 2 15
Instruments
Research Instrument
data gathering instrument. Part one is to know what is the different cases brought
before the Katarungang Pambarangay. Part two is to measure how effective the
parties, Enforcement of rules and governing laws and Proper application of the
legal procedures for alternative dispute resolution. Part three are to know the
implications of the barangay justice system to the barangay Peace and Order.
The researcher will conduct interview and will distribute the questionnaire
– checklist. It contained checklist for the different cases brought before the
pambarangay.
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In the administration of the questionnaire, the researcher will explain the
answers to any of the statements but their honest opinions were the only one
solicited with the assurance that their responses and other information be treated
Data Analysis
After collection, the data will be prepared for data entry. The coding of all the
answers indicated in all sections of the questionnaire. Before the analysis of data
started, the checking of the data set for mistakes and errors was done to avoid
the inspection of the frequencies for each of the variables. The descriptive
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