ISSN (Online): 2455-3662

EPRA International Journal of Multidisciplinary Research (IJMR) - Peer Reviewed Journal

Volume: 8| Issue: 10| October 2022|| Journal DOI: 10.36713/epra2013 || SJIF Impact Factor 2022: 8.205 || ISI Value: 1.188

BARANGAY JUSTICE SYSTEM IN THE PHILIPPINES:

CHALLENGES AND INNOVATIONS

Grace H. Lupao1
Harvey T. Alejandro2
College of Criminal Justice Education, Isabela State University-Cauayan Campus, Cauayan City, Philippines

Article DOI: https://doi.org/10.36713/epra11415

DOI No: 10.36713/epra11415
ABSTRACT
The main objective of Barangay Justice System is to informally settle cases through the Lupon members acting as mediators. Mediators do not
apply the rule of criminal law but they are to facilitate harmonious settlement through agreement of both parties. In this role of the mediators,
this study investigated the challenges encountered by mediators during settlement, how did they deal with these challenges and do they have
innovations in the Barangay Justice System to respond barriers of successful settlement. This study is qualitative in nature with Focused Group
Discussion n(FGD) and personal interview of the Lupon members as the data gathering instrument. Data was transcribed, coded and analyzed
themes and patterns. Results shows that that the barangay justice system is effective, the themes that emerge challenging the mediators during
settlement are: Disputants Ability to Comprehend, The Challenge of Persuading Disputants who do not Cooperate for Settlement, the of
challenge of not Exceeding from the mandated Authority of the Lupon in Execution of Agreement in selected cases and The Challenge of
Dealing with Disputants Negative Attitude Towards Barangay Justice System. Innovations in amicable settlement are Coordination with other
government or non-government agencies who has specialization with the dispute, On-site Dispute Settlement and single-out counselling of both
complainants and disputants and Giving sanctions and reprimand.
KEYWORDS: Barangay Justice System, Mediators, Amicable settlement, challenges, innovation

INTRODUCTION Katarungang Pambarangay Law and was signed by President

Mediation is a process which a third party acts as Ferdinand E. Marcos on June 11, 1978 (Tabucanon, G., Wall, J.
mediators who manages other persons’ conflict or disagreement. & Yan, W., 2008). This law mandates every barangay should
This procedure is universal in application as it can be used to organize their Lupon Tagapamayapa (LT) consisting 10-20
settle disputes among family members, neighborhood, members, and they shall act as conciliators during amicable
community, business and workplace in any type of issues settlement (par. A of Sec. 1) Further, this law provides the
(us.sagepub.com) Dispute resolution is an alternative to authority of the LT (conciliation panel) to settle issues
adjudication of a presiding judge of a court or an officer of a punishable by not exceeding thirty (30) day imprisonment and a
government agency, a tool for a speedy trial (Sam and Sam, fine of not more than Two hundred (Php200.00) pesos (par. 3 of
2014). It is also used to decongest court dockets and as an Sec. 399).
instrument to administer a better quality of justice. In this nature It was, however, repealed by the Revised Katarungang
of dispute resolution, professionals agree that the discussion of Pambarangay Law under RA 7160 effective on January 1, 1992.
the offending behavior, the effect to the victim and the Substantial changes have been established from PD 1508 to RA
reparation of the offender has been a long practice resulted to 7160 like the authority of the Lupon Members to settle
the concept of Restorative Justice today (King, 2008). complaints punishable by not more than One (1) year
In the Philippine tradition, disputes are amicably settled imprisonment or a fine of not more than Php5000.00 prior to the
before elders who gained experience in handling cases. They filing in court and the procedures in dispute resolution (par. c of
belong to prominent or influential families recognized and Sec. 408). Said cases shall be recognized by the court only when
respected by the community., and they administer justice based the Barangay Secretary issues a certificate of filing a complaint
from their experience Sam, R. & Sam, S. (2014). This practice in court upon compliance with all other requirements set by the
formally became a part of the Philippine Criminal Justice law (Sec. 419).
System when President Ferdinand E. Marcos ordered the The procedure for amicable settlement was specifically
Presidential Commission to create a law for the institution of provided under RA 7160, to wit:
dispute resolution system in the barangay. As a result, the
Presidential Commission drafted the PD 1508 also known as

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EPRA International Journal of Multidisciplinary Research (IJMR) - Peer Reviewed Journal
Volume: 8| Issue: 10| October 2022|| Journal DOI: 10.36713/epra2013 || SJIF Impact Factor 2022: 8.205 || ISI Value: 1.188

SECTION 410. Procedure for Amicable Settlement. – parties than bringing it before the court. It is because the
(a) Who may initiate proceeding – Upon payment of mediators, together with the disputants, aim to come up with a
the appropriate filing fee, any individual who has a win-win solution and no longer it is difficult to determine who is
cause of action against another individual involving actually wrong and who is entitled to damages (Tabucanon et
any matter within the authority of the lupon may al., 2008).
complain, orally or in writing, to the lupon chairman The Philippine Barangay Justice System (BJS) is
of the barangay. (b) Mediation by lupon chairman – weakened by the lack of strengthening support for the system,
Upon receipt of the complaint, the lupon chairman the need to review the role of the Punong barangay/barangay
shall, within the next working day, summon the captain in view of the fact that he is an elective/political official,
respondent(s), with notice to the complainant(s) for surveys and literature also reveal that many residents do not use
them and their witnesses to appear before him for a the system because of the lack of credibility on the Punong
mediation of their conflicting interests. If he fails in Barangay to render judgment or facilitate dispute resolution in
his mediation effort within fifteen (15) days from the an impartial manner. Also, literatures suggest the need to review
first meeting of the parties before him, he shall the composition of the Lupon, members should be elected to
forthwith set a date for the constitution of the pangkat raise awareness on its existence while interviews and other
in accordance with the provisions of this Chapter. (c) literature point to the fact that there is a need to depoliticize the
Suspension of prescriptive period of offenses – While whole system and divert cases away from political figures into
the dispute is under mediation, conciliation, or more credible members of the community Aquino, R. (n. d.).
arbitration, the prescriptive periods for offenses and Although the law provides the legal procedure that
cause of action under existing laws shall be guide the mediators on the steps in the settlement of dispute,
interrupted upon filing of the complaint with the Lupon members most of the time, should do their functions by
punong barangay. The prescriptive periods shall discretion, use art and skills to successfully mediate so that both
resume upon receipt by the complainant of the parties must settle and agree for actions that satisfies their
complaint or the certificate of repudiation or of the demands. This implies that any situation or circumstances that
certification to file action issued by the lupon or arise not covered by the provisions of the law will be taken into
pangkat secretary: Provided, however, that such action by discretion. There are studies conducted on the
interruption shall not exceed sixty (60) days from the performance of the Lupon members in the settlement of dispute,
filing of the complaint with the punong barangay. (d) problems encountered in dispute settlement and factors affecting
Issuance of summons; hearing; grounds for successful mediation however most of these studies are
disqualification – The pangkat shall convene not later quantitative in nature while only few was conducted in a
than three (3) days from its constitution, on the day Qualitative design. Researchers sought the advantage of using
and hour set by the lupon chairman, to hear both Qualitative research design as it enables to study the complex
parties and their witnesses, simplify issues, and aspect of mediation. In this study it focuses on the challenges in
explore all possibilities for amicable settlement. For mediation process and their innovations in response to such
this purpose, the pangkat may issue summons for the issues.
personal appearance of parties and witnesses before
it. In the event that a party moves to disqualify any METHODOLOGY
member of the pangkat by reason of relationship, This study explored how the Lupon members perceived
bias, interest, or any other similar grounds discovered the implementation of Barangay Justice System. It also includes
after the constitution of the pangkat, the matter shall the investigation of the challenges in the amicable settlement of
be resolved by the affirmative vote of the majority of disputes filed in the barangay and the innovations made by the
the pangkat whose decision shall be final. Should Lupon members in response to these issues that may challenge
disqualification be decided upon, the resulting their capacity to settle disputes or on how do they address issues
vacancy shall be filled as herein provided for. e) that arise not provided by the law. Qualitative research design
Period to arrive at a settlement – The pangkat shall was used with the “Thematic style” of analyzing data in search
arrive at a settlement or resolution of the dispute of themes or patterns that arises from the responses of the
within fifteen (15) days from the day it convenes in participants. Braun, V. and Clarke, V. (2006) stated that a theme
accordance with this section. This period shall, at the captures something important about the data in relation to the
discretion of the pangkat, be extendible for another research question, and represents some level of patterned
period which shall not exceed fifteen (15) days, response or meaning within the data set. The participants of this
except in clearly meritorious cases. study are the members of the Lupon who have actual
During amicable settlement, mediators utilize different experiences in facilitating amicable settlement in urban
approaches or strategies. Nevertheless, there is this discussion barangay particularly in Barangay San Fermin and Barangay
on the advantage of settling the dispute in the barangay to both District 2 in Cauayan City, Philippines on March 2020. Data

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 ISSN (Online): 2455-3662
EPRA International Journal of Multidisciplinary Research (IJMR) - Peer Reviewed Journal
Volume: 8| Issue: 10| October 2022|| Journal DOI: 10.36713/epra2013 || SJIF Impact Factor 2022: 8.205 || ISI Value: 1.188

were gathered through Focused Group Discussion (FGD) and may mga disputants na ang hirap makaintindi cguro dahil
personal interview using unstructured interview guide to allow illiterate kaya kahit paulit ulit naming ipaintindi ang sitwasyon
in-depth extraction of relevant data. Part of data gathering o pangyayari ay di pa rin nya naiintindihan” (we talk about it
procedure is the seeking of permission from the Barangay Ma’am because there are disputants who hardly comprehend
Chairman for an interview together with the Lupon members maybe because he is illiterate so even if we repeatedly explain
and the permission to access important file of the Barangay the situation or or cirmstances explain still he can’t understand)
Secretary for the triangulation of results. it is a struggle for the Lupon to deal with disputants who cannot
understand or comprehend the facts and circumstances of the
RESULTS/FINDINGS issue/dispute or when one of the disputants has low level of
A. Profile of the Participants thinking due to low level of education. When the participants
There are fifteen (15) participants on this study. Nine were asked how do they address the situation similar answers
(9) are college degree holders and six (6) barely reached the can be drawn from Kagawad 1 as he said “ginagawa naming
college level. Most of them are serving the barangay as Lupon ang lahat na ipaintintdi yung sitwasyon, nagbibigay kami ng
ranging from 5-8 years, 1-2 years and one has been serving for paliwanag sa kung ano ang proseso at tamang hakbang pero
seventeen (17) years already. Most of them are retired from the hnd pa rin nya naiintindihan, pinapayuhan naming na humingi
service in Law Enforcement sector, Academic Sector and Local muna ng payo sa mga kakilala nya o sa may mga experience
Government Unit while other members are Businessmen. na”(we do everything to let him understand the situation, we
Documents also shows their outstanding achievement their give explanation on what process and steps but still couldn’t
plaque of being one of the Outstanding Lupong Tagapamayapa understand, we advise to ask advise from his acquaintances or to
in the local and national category. those who have experience). Obviously, the respondents try hard
to deal with this type of disputants and advise them to ask
Perception of Lupon members on the Implementation of opinion or ideas from friends or those who had experience the
Barangay Justice System same issue. In this cases Lupon members are giving disputants
The theme that emerge from responses when the chance or enough time to analyze the situation or facts of the
participants were asked on how do they perceive the case and have clearer understanding of the process and nature of
implementation of Barangay Justice System. barangay Justice.
Theme 1. Barangay Justice System is well implemented Theme 2: The Challenge of Persuading Disputants who do not
The Lupon members stated that they attend seminars Cooperate for Settlement
organized by local and national government in different places. The negative attitude towards the law affects the
Majority of the Lupon members attend seminars through the successful settlement of dispute in the barangay. Respondent
initiative and support of the Barangay Captain. They are also tends to disregard the authority of summon served to them in
given monthly incentive of Php1000.00 and uniforms. In the their belief that they don’t need to appear before the Lupon
implementation of barangay Justice System, the Lupon members because they don’t have liability or they consider themselves
stated verbally the procedures of amicable settlement, authorities innocent from the complaints filed. There is the lack of
of the Lupon and cases under the jurisdiction of the Lupon cooperation with the authority and it hampers the dispensation
Tagapamayapa. Lupon members has no problem in the of justice in the barangay as Barangay Captain 1 said “may mga
implementation of the Barangay Justice System and its taong hindi sumisipot sa barangay hearing kahit na may
processes as Kagawad 3 answered “wala namng problema, summon na naiserve sa kadahilanang wala daw silang
naimplement nmn namin ng mabuti at saka nakakaya naman kasalanan” (there are people who do not appear in the barangay
namin na i-settle ang mga kaso” (there’s no problem we hearing even there is summon served for the reason that they
implemented well and we are able to settle the cases). This seem have no violation). Under the Barangay Justice System,
reaction manifest their confidence that they are compliant with failure of parties to arrive on the amicable settlement the council
the provisions of the barangay justice System that they can will still issue a certificate of filing a case in court indicating that
successfully settle disputes applying the Barangay Justice a settlement failed after several attempt of resolving the case in
process provided by the law. the barangay. The challenge here is how would they persuade
the disputants to cooperate. This findings is in consonance with
B. Challenges in Amicable Settlement by Lupon findings of Zhang, Y. and Chen, L. (2017) in China, they
Members concluded that successful mediation is largely dependent on
When participants were asked on the challenges in amicable disputants’ motivations. Ramanthan, U. (2013) state that
settlement, the following are the themes that emerge: persuading someone to communicate allows the exchange of
Theme 1: Disputants Ability to Comprehend information thereby discussion of the concerns of both parties
Lupon members found illiterate disputants as a leads to successful mediation. Lupon as mediators must
challenge for a successful mediation in their narration
specifically Kagawad 8 said “pinag-uusapan po nmin Mam kasi

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Theme 3: The challenge of not Exceeding from the mandated Rspondent 1 said “yung iba mag-file lng kaso at ang gusto
Authority of the Lupon in Execution of Agreement in Unpaid makakuha lng ng certification lalo na kung kaya nla magbayad
Debt and Prevention of Repeat Offenders. ng abogado” (some just file the case to get certification
The Barangay Chairman considers the failure of especially those who can afford to pay an attorney”. It implies
respondents to comply with the agreement made during the that some complainants prefer the court to hear and try their case
settlement as a problem. It is a manifestation that respondents than in the barangay, there is the dissatisfaction in the barangay
are not sincere with their oath made before them as Kagawad 2 justice system. The challenge is that Lupon members have to
said “may mga respondent na paulit ulit na nirereklamo dahil sa discuss the objective of BJS and the type of justice it offers.
utang, di tumutupad sa agreement” (there are respondents who
repeatedly complaint because of unpaid debt and did not comply C. Innovations in Settling Disputes in the Barangay
with the agreement). This means that agreement made in the The participants revealed that during amicable
barangay do not guarantee compliance of the respondents. Sec. settlement, they have to wear their uniforms before appearing to
417 of RA 7160 states that the amicable settlement or arbitration the hall, they maintain daily details of officers on duty and
award may be enforced by execution by the lupon within six (6) participants involve themselves in barangay officials program
months from the date of the settlement. After the lapse of such extending their service to the community not just acting as
time, the settlement may be enforced by action in the mediators in amicable settlement. Apart from the amicable
appropriate city or municipal court. In this provision it does not settlement procedure provided by law, when a complaint filed a
provide a rule on how would the Lupon members enforce or case at their office, the disputants automatically have the choice
execute the agreement. They don’t have the authority to impose to select their mediators although in the Katarungnag
sanction or punishment for non-compliance of the respondents Pambarangay Law it provides that the barangay chairman will
on agreement made. The challenge now then is how the Lupon conduct mediation before passing it to the Lupon as Barangay
members enforce the agreement without exceeding on the power Secretary 1 said“ hinahayaan naming na sila ang mamili sa
vested in them. This is also the reality on repeat offenders as kung sino ang gusto nila na humarap sa settlement, pero mag-
Kagawad 9 said “oo Mam,may mga cases na paulit ulit na iinhibit yung mga Lupon na kamag-anak ng isa sa kanila” . This
inirereklamo ang iisang residente dahil sa panggugulo pero ang ensures that disputants do not have any doubt on the fairness in
ginagawa namin kelangan pa rin naming harapin ang reklamo the discussion during settlement because it is their own choice.
kasi idinulog dto sa opisina nmin” (Yes, Ma’am there are cases It is the disputant’s preference and agreement. Before the start of
that they repeatedly complaint over the same resident because of settlement, it always start with a short prayer.
making trouble but what we do is we need need to attend the Theme 1: Coordination with other government or non-
complaint since it is brought in our office) this test how Lupon government agencies who has specialization with the dispute
members would prevent repeat offenders of different cases with Theme 1 is drawn from different responses with similar
different complainants. thought with the statement of Kagawd 10 as he said “ kung ang
Theme 4: The Challenge of Dealing with Disputants Negative kaso ay tungkol sa lupa o boundary nagtatawag kami ng taga-
Attitude towards Barangay justice System LRA sa city hall para sya ang magpapaliwanag sa kaso o kung
The amicable settlement of cases not exceeding One (1) tungkol nmn sa pagkasira ng ari-arian at kung mgkano ang
year imprisonment or a fine of not exceeding Php5000.00 is a amountna dapat bayaran dun kami sa mga businessman
pre-requisite before the filing of such cases in court regardless of humihingi ng inpormasyon” (In n cases of land dispute we call
the persons’ economic status. However, studies show that the representative from the city land and registration unit to explain
Barangay Justice System is the cheapest and fastest way of the case or if it is about cases involving payment of damaged
attaining justice by the poor. In this provision, Lupon members property and how much amount to be paid w go to businessman
are challenge in cases were disputants bring with them their and ask information ). Also, Lupon Tagapamayapa also hear
political affiliation an influential person drawn from the cases not covered by their authority when both disputants prefer
statement “may mga iba na pupunta dto sa barangay kasama to settle the case at the barangay office like the of Homicide
ang kamag-anak na abogado, graduate ng law or mgpapakilala through Negligence drawn from their statement “ may mga
na kamag-anak ng isang opisyal sa gobyerno”. These are acts kaso na dinadala dto sa barangay na hnd naman naming sakop
trying to intimidate the Lupon members to influence fair process pero dahil dto nla gusting pag-usapan ang kaso kaya hinaharap
disputants proceed to the barangay office with their relatives that naming gaya ng kaso ng aksidente at may namatay” (there are
are lawyers or graduate of law. Lupon members must have to cases brought in the barangay which is not under the jurisdiction
observe maximum tolerance to avoid misconduct. Lupon but since they want to about the case here so we face it just like
members are challenged in dealing with them so as not to appear cases of Homicide through Negligence). This shows that the
impolite or to maintain harmonious relationship while enforcing Lupon members coordinate with professionals with field of
fairness and equality in the process. It was also revealed that specialization in cases not under their jurisdiction.
some economically abled disputants prefer not to settle the case
in the barangay because they can afford the expenses as

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Theme 2. On-site Dispute Settlement and single-out counselling Captain is at the same time a factor for effective
of both complainants and disputants implementation.
In heated confrontation were both parties cannot agree, The challenges in amicable settlement are the attitude
Lupon members use single-out counselling, they hear both sides of the respondents and complainant, their willingness to
one by one as Kagawad 1 stated “kapag nagkainitan ng ulo at cooperate in the settlement of dispute. This challenge the ability
hirap sila mgkasundo, ginagamit naming yung single-out of the Lupon to act as mediators-facilitating the conversation
counselling, pinapalabas muna naming yung isa. Kakausapin and discussion of the issue and to finally come up with an
nmin kung ano nangyari para makuha nmin kung ano talaga agreement, the test of maximum tolerance from offensive
ang nangyari at kung ano gusto nla na hind naririnig ng attitude of the disputants and the need to empathize on the
kabilang panig” (when head heated up and they don’t agree, we situation of the disputants to understand their emotions. To
use the single-out counselling, we send the other one outside, we satisfy a complainant in the barangay, the damage and injury
ask what happened for us to get what was actually happened and brought by the dispute needs to be considered and repaired this
what they really want not being heard by the other party). Lupon is the common concept between Barangay Justice and
members also practice onsite-settlement or ocular inspection of Restorative Justice. Irvine, C. & Farrington, L. (2017) discussed
the property in dispute “ginagawa dn naming on-site settlement the importance of dealing with emotion in mediation they sated
don kami mismo sa boundary ng pinag-aawayang lupa kami that the attempt of maintaining professional distance, the need
mismo nag-uusap” (we also do on-site settlement we settle at to be neutral, the need to be rational than emotional during
the actual boundary of the land in dispute). Single-out mediation are the potential risk in gathering rich data while
counseling is the strategy wherein respondent or the complainant Della, N. (1999) proposed that the Individualist and Relational
tell his side, tell about the facts of the case with the Lupon ideological frameworks have material implications for the
without the presence of the other complainant. concept and the practice of fostering empathy between the
Theme 3. Giving sanctions and reprimand, petition to parties to a mediation: The problem-solving framework fosters
temporarily oust the person from the community a social interaction which can be understood as transactional
In case were respondents do not cooperate or do not empathy while the transformative framework fosters an
appear in the schedule of settlement Lupon members personally interaction described as relational empathy.
visit the respondent at his residence drawn from the statement of Basically Barangay Justice is justice outside the rule of
Kagawad 11 as “pinupuntahan naming sa bahay nla at inaalam law that Lupon members should not act as judges to determine
kung ano ba talaga ang dahilan at bakit di sya sumisipot”, who is guilty or innocent but it is implied that broad knowledge
“kapag ka hnd sumusunod sa usapan binibigyan dn naming ng on different issues in-dispute is important during mediation
sanction kagaya ng pag petisyon na pansamantala munang based from the Lupon Tgapamayapa innovative responses on the
umalis sa lugar yung respondent, nagco-coccus din kami na challenges in amicable settlement they coordinate with other
mga lupon para pag-usapan yung kaso at kung paano namin government or non-government agencies who has specialization
harapin yung kaso”(we go to their house and know what is with the dispute. The help of professionals help build trust and
really the reason of not showing, when he doesn’t abide with the confidence of the disputants. This implies that Lupon members
agreement we give sanctions like we petition for the respondent believe that they can deliver justice better with the help of these
to temporary leave the place, we Lupon have coccus to talk agents. From this context, researchers suggest that the
about the case and what to” . In this approach of the Lupon, it implication of the profile of Lupon to successful mediation be
is a shift from the traditional strategy in amicable settlement and investigated.
they don’t rely on issuance of certificate of filing a case in court
as a remedy to unsettled case. Lupon members became watchful CONCLUSION
of community’s criminal behavior. The traditional concept of amicable settlement under
Barangay Justice System is still applicable even in this modern
DISCUSSION world however challenged by the ability of the implementers to
It is implied that the effective implementation of the handle different behavior of disputants which requires logical
Barangay Justice System in the barangay is supported by high innovative approaches convincing to the senses of disputants to
level of education of the Lupon members that they have a achieve peaceful settlement. The appointment of Lupon
broader knowledge in social interaction and understanding members coming from different sector is an advantage as they
human behavior, the combination of their community group are a combination of different profession with different skills
sector from the law enforcement, academe, religious, business and experiences fitted to the varied personality and profile of
and LGU employees. The fact that they are retired from the disputants. Moreover, the need to gain the trust and confidence
service they can also give full time in the service as Lupon and among the Lupon members by the disputant is important.
they can also apply their experience from their previous work in
dealing with related cases. The support given by the Barangay

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2022 EPRA IJMR | www.eprajournals.com | Journal DOI URL: https://doi.org/10.36713/epra2013 187