An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for

enhancing Mediation Procedure 1

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

ABSTRACT:
This study was anchored on the idea of strengthening the traditional ways of
settling disputes at the barangay level, as an off- shoot and alternative mechanism to the
continuing congestions of cases filed in the regular courts of the Philippines.
This attempted to assess the responsiveness of the barangay justice system in
Hagonoy, Bulacan, as basis for enhancing mediation procedure.
The study adopted the descriptive method of research and also used qualitative
and quantitative research designs to picture the real extent of responsiveness of the
barangay justice system.
The result of the study showed that the respondents described the extent of
responsiveness of the barangay justice system as follows: settlement of disputes -
responsive, satisfaction of clients - responsive, and referral of cases - moderately
responsive, and the overall verbal description was moderately responsive.
The result of the study implied a clear indication that the members of the barangay
justice are trying their very best in the discharge of their mandated powers and functions
to fully serve the interest of their constituents relatively with the settlement of disputes
serving as controversies affecting rights and interests of both the adversarial parties.
Thus, is thereby producing a favorable consensus from the people thru mediation
conferences. However, in terms of referral of cases, there is a clear evidence that there
is still a need for improvement in the performance of roles and responsibilities on the part
of the “lupon and pangkat,” to fully and best serve the judicial interest of their constituents
thru an effective mediation conference between the adversarial parties in the system.

Keywords: Barangay Justice System, Mediation, Responsiveness

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 2

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

CHAPTER 1

THE PROBLEM AND ITS BACKGROUND

Introduction

The barangay justice system is a unique justice system in the local setting. It is

operated by the smallest of the local government units, the barangay and is overseen by

the barangay captain, the highest elected official of the barangay and the council. The

barangay captain sits on the “Lupong Tagapamayapa” along with other barangay

residents, which is the committee that decides disputes and other matters. They do not

constitute a court as they do not have judicial powers. The system exists to help

decongest the regular courts and works mostly as "alternative, community-based

mechanism for dispute resolution of conflicts,” also described as a "compulsory mediation

process at the village level. Since officials have more flexibility in decision-making,

including from complex evidence rules, and receive some resources from government,

the courts are more numerous and accessible than other courts and therefore the courts

are able to hear more cases and to respond more immediately

(https://en.wikipedia.org/wiki/Katarungang_Pambarangay. Retrieved as of January 16,

2016).

Additionally, the body is normally constituted every three years and holds office

until a new body is constituted in the third year. They receive no compensation except

honoraria, allowances and other emoluments as authorized by law or barangay, municipal

or city ordinance. Almost all civil disputes and many crimes with potential prison

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 3

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

sentences of less than one year or fines less than P5,000.00 are subjected to the system.

In barangays where a majority of members belong to an indigenous people, traditional

dispute mechanisms such as a council of elders may replace the barangay judicial

system. Upon receipt of the complaint, the chairman to the committee, most often the

barangay captain, shall the next working day inform the parties of a meeting for mediation.

If after 15-days for the first meeting, the mediation is not successful then a more formal

process involving the “pangkat” or body must be followed. There is another 15-day period

to resolve the dispute through this more formal process, extendable by the “pangkat” for

yet another 15-day period. If not settlement has been reached, then a case can be filed

in the regular court having original jurisdictions over dispute in question (Republic Act No.

7160).

Moreover, the strength of the barangay justice system lies in the fact that it is based

in the community itself, and is administered by community members using traditional

practices in dispute resolution. With this set-up, the disputing parties are expected to be

more comfortable in discussing their problems and in exploring solutions to the disputes.

It is likewise expected that the community-based set-up of the barangay justice system

will ensure that the parties will honor the amicable settlement that was agreed upon.

Ultimately, the barangay justice system is envisioned to live up to its name. It is expected

to ensure the dispensation of justice at the grassroots level (Philippines-Canada Local

Government Support Program, 2004).

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 4

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Finally, the barangay justice system maximizes the use of time-honored traditions

and practices of communities in settling disputes between community members. Filipinos

traditionally resort to the help of older members of the family, community elders, or tribe

leaders in resolving disputes between members of the same family or community. This is

the common practice that is recognized and formalized by the barangay justice system.

In lieu of family members, community elders, or tribe leaders, the barangay justice system

uses the Punong Barangay and the Lupon Members, who are appointed from the

respected members of the community. In recognition of traditional customary practices in

some indigenous communities, the law on the barangay justice system provides that in

communities that have distinct traditional practices of settling disputes, the customs and

traditions of the indigenous cultural communities shall be applied (Soriano, 2015).

However, despite of the good and purpose relatively with the adoption and

implementation of the barangay justice system in the local setting, it seem that it had not

been fully institutionalized due to some internal and external factors negatively affecting

it. Hence, this study was come into being.

Background of the Study

The barangay is the smallest political unit in the country, headed by a barangay

captain and a barangay council composed of six councillors or “kagawad.” Several

barangays comprise a city or municipality. Here in the local setting, there is a system of

meddling disputes by neighbors and residents of the same barangay or by adjoining

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 5

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

barangays. The system is called the barangay justice system

(http://thelawyerspost.net/barangay-justice-system-in-the-philippines. Retrieved as of

January 16, 2016).

Moreover, it has long been a traditional, local system of resolving disputes.

Presidential Decree No. 1508 talks an unofficial "time-honored tradition of amicably

settling disputes among family and barangay members at the barangay level without

judicial resources." Alfredo Flores Tadiar was the principal author of Presidential

Decree No. 1508, otherwise known as “The Katarungang Pambarangay Law,” and he

also wrote its implementing rules, requiring prior conciliation as a condition for judicial

recourse. For 12 years, and that is 1980–1992, he was a member of the Committee of

Consultants, Bureau of Local Government Supervision, which oversaw the nationwide

operations of the “Katarungang Pambarangay Law.” Under the decree, the body was

known as “Lupong Tagapayapa” (Presidential Decree No. 1185).

Additionally, the decree was replaced by the Local Government Code of 1991.

Then, as provided by Section 399, Republic Act No. 7160 - Lupong Tagapamayapa. (a)

There is hereby created in each barangay a lupong tagapamayapa, hereinafter referred

to as the lupon, composed of the punong barangay, as chairman and ten (10) to twenty

(20) members. The lupon shall be constituted every three (3) years in the manner

provided herein (Republic Act No. 7160).

(b) Any person actually residing or working, in the barangay, not otherwise

expressly disqualified by law, and possessing integrity, impartiality, independence of

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 6

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

mind, sense of fairness, and reputation for probity, may be appointed a member of the

lupon.

(c) A notice to constitute the lupon, which shall include the names of proposed

members who have expressed their willingness to serve, shall be prepared by the punong

barangay within the first fifteen (15) days from the start of his term of office. Such notice

shall be posted in three (3) conspicuous places in the barangay continuously for a period

of not less than three (3) weeks;

(d) The list of appointed members shall be posted in three (3) conspicuous

places in the barangay for the entire duration of their term of office;

(e) The punong barangay, taking into consideration any opposition to the

proposed appointment or any recommendations for appointment as may have been made

within the period of posting, shall within ten (10) days thereafter, appoint as members

those whom he determines to be suitable therefor. Appointments shall be in writing,

signed by the punong barangay, and attested to by the barangay secretary; and

(f) In barangays where majority of the inhabitants are members of indigenous

cultural communities, local systems of settling disputes through their councils of datus or

elders shall be recognized without prejudice to the applicable provisions of the code.

Corollary this, and relatively with the responsive and effective implementation of

the “katarugang pambarangay law,” with regard to the process of addressing the various

minor cases involving their constituents, the “lupon and pangkat” in the different localities

within the research locale of the study have handled the hereunder data on disputes

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 7

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

referred to their jurisdictions by the local police authorities, with status of each cases

included. Table 1 presents the data of disputes handled by the barangay justice system

covering the period from October 2015 to March 2016.

Table 1

Data of Disputes Handled by the Barangay

Justice System in the Locality

Status Oct.-Dec 2015 Jan.-Mar. 2016 Total

Pending 8 2 10

Resolved 54 18 72

Referred 26 6 32

On-Going 12 52 64

Total 104 78 182

Source: MLGOO-DILG, Calumpit, Bulacan, 4th Qtr. 2015 & 1st Qtr. 2016.

As reflected in the table, the following data provides information on the disputes

handled by the barangay justice in the locality, i.e., pending - 10, resolved - 72, referred -

32, on-going - 52, and with a total of 182 minor cases handled for the period covered.

This reflects a responsive performance of powers and functions of the “lupon and

pangkat;” however, despite of the said responsiveness this still requires enhancement to

benefit more the constituents.

Moreover, under the law, no dispute covered by it may be filed directly in “court or

any other government office for adjudication unless there has been a confrontation of the

parties before the Lupon Chairman or the Pangkat and no conciliation or settlement has

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 8

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

been reached as certified by the lupon secretary or pangkat secretary as attested to by

the lupon chairman or pangkat chairman.” Thus, a criminal complaint filed with the public

prosecutor of a covered case that has not undergone prior barangay conciliation, may be

suspended or dismissed until the condition has been met (Narvasa, 1996).

Finally, the conciliatory and mediating character of the barangay justice system is

much more attuned to the Filipino culture of smoothing interpersonal and community

relationship as against the adversarial justice system which is more combative in nature,

and which is more “complicated” in nature. Therefore, the barangay justice system offers

a more affordable access to justice to the poor and disadvantaged

(http://hiljustfoundation.blogspot. com/p/plgr. html. Retrieved as of January 16, 2016).

Theoretical Framework

This study was anchored on the idea of strengthening the traditional ways of

settling disputes at the barangay level, as an off- shoot and alternative mechanism to the

continuing congestions of cases filed in the regular courts of the Philippines. Thousands

of 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 lawyers, and

shoulder the burden of expensive court arraignment (Sam, 2013).

Corollary, the existing literature on the katarungang pambarangay largely focuses

on the Lupon Tagapamayapa. By legal definition, the Lupong Tagapamayapa is equated

with the concept of barangay justice. However, in order to understand barangay justice in

its generic sense, i.e., justice as it is obtained in the barangay, it is important to understand

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 9

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

the entire barangay structure and examine which actors play a role, either in a primary

or adjunct capacity, when citizens attempt to access justice at the lowest level (National

Judicial Institute, 2008).

Therefore, the barangay justice system is an innovation of the Philippine criminal

justice system and provides for the resolution of disputes at community level through

mediation, conciliation or arbitration by an unpaid committee, which is chaired by the

barangay captain. It symbolizes recognition of indigenous peoples’ conflict resolution

practices, which are based on the role and power of the council of elders (http://pure.

iiasa.ac.at/9394/1/XO-10-012.pdf. Retrieved as of January 16, 2016).

Hence, the barangay justice system provides a venue for disputing parties to

search for a mutually acceptable solution. Other members of the communities act as

intermediaries for possible solutions. This formalized the tradition to seek help of

community elders in resolving disputes between members of the same community, and

uses the Lupon Members. Hence, it is only when the system has failed to resolve the

dispute that the parties are allowed to bring their case to court

(http://www.accessfacility.org/ barangay-justice-system-katarungang-pambarangay.

Retrieved as of January 16,. 2016).

To form part of the discussion of this portion, the hereunder research paradigm as

presented by the IPOO concept was adopted. The input deals with demographic-profile

of the members of the barangay justice, extent of responsiveness of the barangay justice

system, and degree of the problems met in the barangay justice system; the process

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 10

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

deals with normative survey with the use of questionnaire checklist, conduct of personal

interviews, actual observations, and focal-groups discussion; statistical treatment and

tabular presentation and interpretation of data; the output deals with more responsive

resolution of disputes at barangay justice system; while the outcome deals with basis for

enhancing conciliation procedure. Figure 1 presents the research paradigm of the study.

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An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 11

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

INPUT PROCESS OUTPUT

Demographic-profile Normative survey

of the members of with the use of
the barangay justice. questionnaire
More responsive
checklist.
barangay justice
system.

Extent of
responsiveness of Conduct of personal OUTCOME
the barangay justice interviews, actual
system. observations, and
focal -group
discussions.

Basis for enhancing

conciliation procedure
Degree of the Statistical treatment
problems met in the and tabular
barangay justice presentation and
system; interpretation of data

Feedback

Figure 1

Research Paradigm of the Study

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 12

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Statement of the Problem

This study attempted to assess responsiveness of the barangay justice system in

Hagonoy, Bulacan, as basis for enhancing conciliation procedure. Specifically it sought

to answer the following problems.

1. What is the demographic-profile of the members of barangay justice in

terms of:

1.1. educational attainment;

1.2. government eligibility;

1.3. number of years in service;

1.4. sector membership; and

1.5. seminar attended?

2. What is the extent of responsiveness of the barangay justice system in

terms of:

2.1. settlement of disputes;

2.2. satisfaction of clients; and

2.3. endorsement of cases?

3. What is the degree of the problems met in the barangay justice system in

terms of:

3.1. organizational resources;

3.2. inter-agency cooperation; and

3.3. indifference of clients?

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 13

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

4. Is there any significant difference in the assessments of the two groups of

respondents on the extent of responsiveness of the barangay justice system?

5. Is there any significant difference in the assessments of the two groups of

respondents on the degree of problems met in the barangay justice system?

6. What proposal can be formulated for enhancing conciliation procedure as

an outcome of the study?

Hypotheses

The researcher hypothesized the following:

1. There is no significant difference in the assessments of the two groups of

respondents on the extent of responsiveness of the barangay justice system.

2. There is no significant difference in the assessments of the two groups of

respondents on the degree of problems met in the barangay justice system.

Significance of the Study

The results of the study were significant to the following:

Adversarial Parties. Due to the fact that it can best serve their interest, and that is

derived from a more responsive functioning of the barangay justice system, wherein as a

consequence, there will be more favorable resolution of cases, favoring either of them

that will not anymore require a more rigorous application of criminal law, procedure and

evidence.

Society-at-Large. Because of the reason that a more responsive functioning of the

barangay justice system will benefit the rest of the people living in a given society, wherein

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 14

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

the administration of justice is at the disposal of the barangay leaders, capable of

mediating or reconciling the disputes encountered by the people in the said society.

Lupon and Pangkat Members. Owing to the fact that the action plan generated as

an outcome of the results of this study can be used by the members of the lupon members

in making resolutions to the criminal and civil cases filed at the barangay justice system;

thus, thereby making both the interest of the protagonists can be served with efficiency

and competency.

Barangay Justice System. For the reason it can be used as a parameter in the

delivery of justice to all the people in the different walks of life; hence, out of so doing it

will be able to bring back the trust and confidence of the people, not only to the barangay

justice system, but also in the larger criminal justice system, both as an arm of the

government in ensuring justice..

Future Researchers. The results of the study may serve as a basis in the conduct

of other researches on areas related to the present study. The future researchers may

likewise utilize the results of the present study as a guide and reference material in the

conduct of similar studies in other places, specifically with regard responsiveness of the

barangay justice system.

Scope and Limitations

The study was conducted in the Municipality of Hagonoy, Province of Bulacan. The

research locale of the study is a first class municipality, and having a total land area of

103.10 square kilometers. It is situated at the South-West corner of the province, and

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 15

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

bounded by the Municipality of Calumpit on the North, Municipality of Paombong on the

East, Municipality of Masantol, Pampanga on the West and Manila Bay on the South

(https://en.wikipedia. org/wiki/Hagonoy,_Bulacan. Retrieved as of January 16).

The municipality is approximately 54 kilometers from Metro Manila or about an

hour and a half drive. It can be accessed via North Luzon Expressway (NLEX)

and MacArthur Highway. It is politically subdivided into 26 barangays which are grouped

into five clusters. All barangays are urban according to National Statistical Coordination

Board (NSCB) with San Agustin as the most populated barangay and Carillo as the least,

and has a population of 125,689 inhabitants. Figure 2 presents the research locale of the

study.

This study was limited only on the following: demographic-profile of the members

of the barangay justice system, extent of responsiveness of the barangay justice system,

and degree of the problems met in the barangay justice system. The respondents of the

study were the constituent-clienteles who have availed the services of the latter, and the

members of the barangay justice system, and that is relative to the involvement of the

former in the adversarial system, either complainants or respondents.

The study was conducted for a period of six-months, and that is from October

2015 to March 2016. The researcher has selected the said topic and the research locale

of the study owing to the fact being actively involved in the academe in the said locality,

there is a personal conviction on her part that the study is very timely to reinvigorate the

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 16

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

performance of the powers and functions of the barangay justice system, not only in the

said locality, but also in other places of the country, purposely serve the people at its best.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 17

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Figure 2

Research Locale of the Study

Definition of Terms

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 18

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

For purposes of clear understanding, the following terms were given operational

meaning:

Action Plan. This refers to the method of action serving as the standard guidelines

to be followed by the members of the barangay justice system towards the effective

disposal of the case referred to them by the constituents.

Adversarial Parties. This refers to the community-members, who is either the

respondents or complainant of disputes filed at the barangay justice system for possible

mediation or conciliation conference to be initiated by the latter.

Barangay Justice System. This is a local justice system in the country, and it is

operated by the smallest of the local government units, the barangay, and is overseen by

the barangay captain, the highest elected official of the barangay and its executive.

Criminal Justice System. It is the anti-crime machinery, which the Philippine

Society uses in the prevention and control of the crime. It is a group of agencies or

legislators responsible in the adjudication of criminal laws.

Conciliation Procedure. As used in barangay justice system, is a form of alternative

dispute resolution, or a way of resolving disputes between two or more parties with

concrete effects as being spearheaded by the “pangkat ng tagapagkasundo” or “lupon ng

tagapamayapa,” tasked to do mediation or conciliation proceedings to reached a

consensus between the parties.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 19

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Degree of Problems Met. Refers to the internal and external constraints

encountered by the members of the barangay justice system in the disposal of the case

referred to their office by their constituents.

Demographic-Profile. Refers to the individual attributes of the member of the

barangay justice; thus making them competent and efficient in the discharge of their

power and functions as members of the lupon and pangkat.

Endorsement of Cases. This refers to the process of referring the case filed by the

constituents to the proper court having jurisdiction over the case in dispute, if the

adversarial parties have not reached a consensus of settling their disputes within the

period prescribed by the law.

Extent of Responsiveness. Refer to the level of competency and efficiency

exercised by the barangay justice system through the lupon and pangkat towards meeting

the demands imposed upon them by the barangay justice law, particularly in the disposal

of case referred to them.

Indifference of Clients. This refers to the display of negative attitude display by the

general public relatively with the performance of the mandated powers and functions of

the barangay justice system, particularly with regard to the process of disposing

complaints and resolving disputes referred by the adversarial parties at the instance of

the “pangkat ng tagapagkasundo” or “lupon ng tagapamayapa.”

Inter-Agency Cooperation. This refers to the rapport and cooperation made by the

different concerned local agency towards developing orchestrated effort in making the

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 20

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

barangay justice system truly institutional and operational within the barangay level with

regard to the disposal of minor cases filed by the constituents.

Organizational Resources. This refers to the human and material resources at the

disposal of the barangay justice system in the performance of their mandated powers and

functions, relatively with resolving the disputes the general public has brought to their

attention for mediation, conciliation or adjudication.

Satisfaction of Clients. Refers to the degree of approval made by the general public

the way how the b.arangay justice system performs their mandated powers and functions,

specifically in the disposal of cases filed within the lupon or pangkat that will both serve

interest of the adversarial parties involved in the system, and which often than not the

public availing the said service provided at the barangay level gives them with a positive

approval rating.

Settlement of Disputes. A settlement dispute is an agreement between adversarial

parties, purposely to give an end to a disagreement or dispute without going to a court of

law, for example is by offering someone money, considerations or some forms of service

to the aggrieved party, as an outcome of mediation and conciliation.

Society-at-Large. Refers to the larger community wherein the community-

members reside in a given geographical area, commonly called as barangay, and headed

by a barangay captain, as the smallest unit of the government, and having a consensus

towards a common good and purpose, which thus benefitting the members of the said

society.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 21

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

CHAPTER 2

REVIEW OF RELATED LITERATURE AND STUDIES

This chapter contains the exploration of related literature and studies, both foreign

and local, and the synthesis of the reviewed literature studies to the present study.

Foreign Literature

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 22

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

China and Pakistan are ahead of us in institutionalizing non-judicial settlement of

disputes. The United States of America implemented the Dispute Resolution Act only in

1980 because amicable settlement among its citizen started as private initiatives. While

the conciliation groups are named lupong tagapamayapa (mediation committee) and

pangkat ng tagapagkasundo (conciliation panel) in the Philippines, they are called

conciliation committees, courts, boards and citizen or neighborhood centers in other

countries. (C.L Pe and A.F. Tadiar, International Survey of Conciliation system 1982).

In Bangladesh, the community based reconciliation process is called “ Shalish or

Salish which involve voluntary submission to arbitration which, in this context, involves

the parties agreeing to submit to the judgement of the shalish panel, mediation in which

the panel helps the disputants to try to devise a settlement themselves or a blend of the

two. In a harsh, extreme version of its traditional form, however, shalish whether the

government-administered process does seem to be similar in nature and for the sake of

simplicity, this paper does consider it on such form.

Shalish addresses a wide variety of civil matters, some with criminal implications.

These often involve gender and family issues, such as violence against women (whether

within or outside marriage), inheritance, dowry, polygamy, divorce, financial maintenance

(or lack thereof) for a wife and children, or a combination of such issues.

Norway is another country where mediation is widely used to settle minor cases.

Each municipality has a mediation council consisting of local residents who are elected

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 23

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

by the municipal council for a period of four years. The arbitrators are usually non-

mediation before it may be submitted to the court for adjudication.

Similarly, in Russia, a policy of government is to prevent civil claims from being

taken to court at the initial stage by having them settled through mediation at the local

comrades’ courts, this ally called, is so prevalent in that country that even social

organization and civic clubs are empowered by the government to acts as mediators.

(ALCAZAR, 2012)

In the United States, criminal justice policy has been guided by the 1969

President’s Commission on Law Enforcement and Administration of Justice, which issued

a ground-breaking report “The Challenge of Crime in a Free Society”. This report made

more than 200 recommendations as part of comprehensive approach towards the

prevention and fighting of crime. Some of those recommendations found their way into

the Omnibus Crime Control and Safe Streets Act of 1968. The commission advocated a

system approach to criminal justice, with improved coordination among law enforcement,

courts and correctional agencies. The President’s Commission defined the criminal

justice system as the means for society to enforce the standards of conduct necessary to

protect individuals and community”.

The criminal justice system in England and Wales aim to reduce crime by bringing

more offenses to justice and to raise public confidence that the system is fair and will

deliver for abiding citizen. In Canada, the criminal justice systems aim to balance the

goals of crime control and prevention and justice (equity, fairness and protection of

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 24

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

individual rights). In Sweden, the overarching goal for the criminal justice system is to

reduce crime and increase the security of the people.

The hybrid courts in other countries such as the Solomon Islands, Papua New

Guinea, Nigeria and South Africa share same characteristics with our Katarungang

Pambarangay. Such courts emerged during colonial periods as Western imperial powers

introduced western legal systems. The Western legal systems were usually applied to

westerners while the local dispute resolution systems were integrated into the Western

system in a variety of ways including incorporation of local decision makers into the

government in some way. After independence, many states faced the same problems as

their former rulers, especially "limited geographical reach of state institutions, Western-

modeled institutions often divorced from community structures and expectations, and

resource constraints in the justice sector. Hybrid courts became a middle ground for

supporting community decision-making while simultaneously expanding the authority and

reach of the state. (http://en.wikipedia.org/wiki/hybridcourts. Retrieved on April 10, 2015)

Foreign Studies

According to sociologist Richard Quinney, “crime is a social phenomenon” and is

based on how individuals conceive crime and how populations perceive it. From Merriam-

Webster dictionary, crime is defined as the intentional commission of an act usually

deemed socially harmful or dangerous and specifically defined, prohobited, and

punishable under criminal law.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 25

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

According to Immanuel Kant, the only legitimate form of punishment the court can

prescribe must be based on retribution. Judicial punishment in cases must be imposed to

the offender because of the law. If the guilty is not punished, justice is not done and the

idea of the law is undermined if justice is not done.

Based on the U.S. Legal 2012 conflict resolution is also known as dispute

resolution or alternative dispute resolution. Other methods adopted for conflict resolution

includes negotiation, mediation, and diplomacy. Peace is also fostered by understanding

the emotions of conflict (cited by Ilagan, Mindanao Resilient Communities Project 2011).

According to the Commonwealth of Australia’s Strategic Framework for Access to

Justice 2009 “to improve the quality of dispute resolution, justice must be maintained in

individuals’ daily activities, and dispute resolution mechanisms situated within a

community and economic context”.

A study in Northern Kenya found out that cattle rusting, and to some extent, land

clashes are the main manifestation of conflicts. It concluded that customary indigenous

governance mechanisms can provide a solid framework for building a community’s

conflict resilience through strengthened traditional conflict resolution mechanisms,

enhancing local people’s potential and rediscovering elder’s wisdom, knowledge and

other resources. (Practical Action EA, 2003)

In the 1970’s in the United States, there has been a growing enthusiasm and

popular interest in Alternative Dispute Resolution systems such as mediation, conciliation,

negotiation, and arbitration. This was due to deficiencies and delays in the court-centered

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 26

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

approach, among many other reasons. Litigants became weary of facing each other and

the judge in court, people were looking for a less expensive venue for justice, or simply

were in search of forms that were less formalistic than the conventional courts (Bell &

Kahane. 2004).

Scheinin (2003) said that it is not surprising that indigenous communities

nowadays in developing countries seldom use the courts. In general, they do not trust the

system, the advocates, or both. It will be too complicated and tiresome for them. They will

not have the resources for it.

The World Conference on Human Rights in 1993 explicitly highlighted the

international community’s commitment to promoting the economic, social and cultural

well-being of people. With increased frequent interactions with individuals from different

cultural backgrounds, there is greater opportunity for cultural differences to create conflict

(Kaushal & Kwantes, 2006). At the formal level, there have been various approaches

done in Columbia to the challenge of reaching a peaceful resolution of conflicts with the

armed groups (Duran, 2004).

Local Literature

The early Filipinos had their own form of government. Each settlement was an

independent kingdom called barangay. The term barangay is Hispanized form of the

Malayan word balangay, which means “sailboat”. The early Filipinos applied the name

barangay in honor to the sailboat that brought them to the Philippines shores.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 27

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Each barangay consisted of about 100 families. Some barangay were big, such as

Sugbu (Cebu), Maktan (Mactan), Bigan (Vigan) and Maynila (Manila). Each of these big

barangays was called datu. He was also known as hari or raja. In the time of peace, he

was the chief executive, legislator and the judge. And in the time of war, he was the

commander of the barangay warriors.

The datu usually obtained his position by inheritance. When the datu died, his son

inherited the datuship. If a datu died childless, the barangay chose a man to be the datu

in the basis of his wisdom, physical strength or wealth. There were many independents

barangays and many datus. But there was no datu strong enough to unite the archipelago

into one nation.

The road to securing peace, order, security and safety has always been

amalgamated with the thoroughfare towards justice and development. The barangays

being the fundamental component of our nation plays a relevant role on fortifying a strong

republic that would guarantee confidence and self assurance to the populace, business

sector and tourism. As peacekeepers (barangay officials) in the grassroots level, it is

indispensable that these officers are better equipped with the fundamentals toi uphold

and advocated the law. (VPres. GMA Phil. Daily Inquirer June 2000)

This Justice System of amicably settling disputes continued during the Spanish

regime, although informally and in limited extent, with the Cabeza de Barangay acting as

the datu. However, the cabeza de barangay only plays minor magisterial authority as it

was the primary duty of gobernadorcillos (municipal magistrates) to settle civil cases

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 28

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

arising between and among Indios (as the natives were called), Chinese mestizos and

Chinese. (Mendoza The Philippine Barangay1996:p99-100)

The Barangay Justice System was put to an end during the American Regime with

the imposition of American justice system, which is adversarial in nature.

The idea of a barangay justice system was conceived in the early ‘70’s by no less

than then Chief Justice Fred Ruiz Castro. He proposed it to President Marcos. On

January 27, 1978, then President Marcos issued P.D. No. 1293 creating a Katarungang

Pambarangay Commission to Study the Feasibility of Resolving Disputes at the Barangay

Level. The committee was composed of the Chief Justice as Chairman, and the

Secretary of Justice, the Secretary of National Defense, the Secretary of Local

Government and Community Development, the Secretary of Education and Culture, the

President of the Integrated Bar of the Philippines and the Director of the UP Law Center

as members. (Rodriguez, The Local Government Code of 1991 Annotated 2003 Edition,

page 431)

In the spirit of reviving Filipino tradition of peaceably settling disputes within the

community, then President Marcos issued on June 11, 1978, Presidential Decree No.

1508-Establishing a System of Amicably Settling Disputes at the Barangay Level. The

barangay justice system is an extrajudicial system wherein disputes are settled within

the barangay for speedy disposition of justice and also to minimize referral of such cases

to the court.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 29

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

In the words of Chief Justice Reynaldo Puno, the “Barangay Justice System

plays a vital role in addressing the weaknesses of our adversarial system of dispute

resolution”. The conciliatory character of barangay justice system is much more attuned

to the Filipino culture of smoothing interpersonal and community relationship as against

the adversarial justice system which is more combative in nature, and which is more

“complicated” in nature. Moreover, barangay justice system offers a more affordable

access to justice to our poor countrymen. (R. Puno p3 and p4 Barangay Justice System

plays a vital role in addressing the weaknesses of our adversarial system of dispute

resolution)

The provisions of PD 1508, except for a few changes, were incorporated into the

Local Government Code of 1991 as Sections 399-422.

Local Studies

The Philippine justice system may be divided into two types: the formal and the

informal. The formal justice system includes the courts, the police, corrections or prisons.

The informal side of the justice system involves the council of elders, indigenous justice

dispensation practices, and local other arbitration mechanisms (Primer, 17 th Diliman

Governance forum, 2008) Kaufman (1991) noted that discontent on the part of various

groups is the dynamic force that motivates quest for new forms. All human activity takes

place within a culture and interacts with culture. For an adequate formation of culture, the

involvement of the whole man is required, whereby he exercises his creativity, intelligence

and knowledge of the world and of people (Centisimus Annus,n. 51).

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 30

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Effective settlement of disputes is one of the main reasons why residents bring

their disputes in the Katarungang Pambarangay where it can be given immediate action

and result. The amicable settlement and arbitration awards in the Katarungang

Pambarangay have the following effect: “Effect of Amicable Settlement and Arbitration

Award. - The amicable settlement and arbitration award shall have the force and effect of

a final judgment of a court upon the expiration of ten (10) days from the date thereof,

unless repudiation of the settlement has been made or a petition to nullify the award has

been filed before the proper city or municipal court.”(Local Government Code of 1991)”

Alangwai (2006) pointed out to be made in any such development in relation to

international judicial procedures are essentially a matter of the international community

wanting to demonstrate a real commitment to make international judicial dispute

settlement procedure effective. If they really want the result, there are ways and means

by which they can achieve it. If they do not, and if international judicial; settlement remains

largely an add-on extra to the main structures of the international community, then those

procedures will never, overall, be as effective as a community dedicated to the rule of law

desires or deserves. It is true that in an organization, member’s commitment to its

obligations is a ways and means to settle disputes in peaceful manner.

Alangwai (2006) found out that the number of disputes amicably settled was

affected by the knowledge of Lupon members of the Barangay Justice Law Strategies,

and the availability of time of lupon members as well as the logistics and technical support

from the national and local governments.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 31

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

The study of Miguel (2005) revealed the same finding that the Katarungang

Pambarangay, though not amply provided with administrative support from the municipal

level, was effectively carried out in the barangays of Monte Vista.

De Jesus (2011) found that the prompt settlement of disputes is relative to the type

of case at hand. According to the Barangay Secretary of Bahay Toro, cases involve both

civil and criminal, and the process of settlement is dependent on the gravity of the case

and the willingness of the disputants to concile. Therefore, acquired learning and skills

from the training does not guarantee expediting of resolution of disputes.

Satisfaction of Complainant and Respondents. The main tool in determining if the

Katarungang Pambarangay serves its purpose is to determine the satisfaction level of

clients. A survey conducted in the municipality of Barobo, Surigao Del Sur reveals that

litigants' (both complainants and accused) satisfaction rate on 3 significant indicators. The

respondents are satisfied with the result of settlement because according to them, they

came up with an amicable settlement based on the consensus of both parties. 98% are

satisfied by the assistance provided by Lupon members. They noted that they were even

offered free ride through the barangay vehicle. The Lupon members were also polite in

serving the invitation for the settlement. As of Lupon's fairness in handling the case, 98%

of the respondents were satisfied. Even the respondents who were accused said that they

were well represented by a lupon member who served as their adviser. Advisers from

both parties led them into fair decisions. Most of the dissatisfied respondents were those

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 32

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

from cases who were not settled amicably and forwarded to higher court. (http:/ www.

mysmartschools. ph/web /lupong tagapamayapa/focus5/f5.htm)

Miguel (2005) found out that the clients of KP in the municipality of Monte Vista,

Compostela Valley were satisfied with the way their complaints were disposed of.

The different studies cited were reflection of the varied level of satisfaction of

clients Katarungang Pambarangay of different places.

Compliance to Procedures of Katarungang Pambarangay: The administration of

justice is consisted of substantive and procedural law. In order to give meaning to the

substance of the law, proper procedures must be followed by the one administering it.

The Local Government Code of 1991 provides for the procedures in settling disputes in

Katarungang Pambarangay:

“Section 410. Procedure for Amicable Settlement. - (a) Who may initiate proceeding -

Upon payment of the appropriate filing fee, 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 of the barangay; (b) Mediation by

lupon chairman - Upon receipt of the complaint, the lupon chairman shall within the next

working day summon the respondent(s), with notice to the complainant(s) for them and

their witnesses to appear before him for a mediation of their conflicting interests. If he fails

in his mediation effort within fifteen (15) days from the first meeting of the parties before

him, he shall forthwith set a date for the constitution of the pangkat in accordance with

the provisions of this Chapter; (c) Suspension of prescriptive period of offenses - While

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 33

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

the dispute is under mediation, conciliation, or arbitration, the prescriptive periods for

offenses and cause of action under existing laws shall be interrupted upon filing the

complaint with the punong barangay. The prescriptive periods shall resume upon receipt

by the complainant of the complainant or the certificate of repudiation or of the certification

to file action issued by the lupon or pangkat secretary: Provided, however, That such

interruption shall not exceed sixty (60) days from the filing of the complaint with the

punong barangay; (d) Issuance of summons; hearing; grounds for disqualification - The

pangkat shall convene not later than three (3) days from its constitution, on the day and

hour set by the lupon chairman, to hear both parties and their witnesses, simplify issues,

and explore all possibilities for amicable settlement. For this purpose, the pangkat may

issue summons for the personal appearance of parties and witnesses before it. In the

event that a party moves to disqualify any member of the pangkat by reason of

relationship, bias, interest, or any other similar grounds discovered after the constitution

of the pangkat, the matter shall be resolved by the affirmative vote of the majority of the

pangkat whose decision shall be final. Should disqualification be decided upon, the

resulting vacancy shall be filled as herein provided for; (e) Period to arrive at a settlement

- The pangkat shall arrive at a settlement or resolution of the dispute within fifteen (15)

days from the day it convenes in accordance with this section. This period shall, at the

discretion of the pangkat, be extendible for another period which shall not exceed fifteen

(15) days, except in clearly meritorious cases.”

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 34

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Receiving of Complaints and Issuance of Summons: Section 409 of the Local

Government Code provides of the venue where complaints may be received and given

due course to wit: (a) Disputes between persons actually residing in the same barangay

shall be brought for amicable settlement before the Lupon of said barangay; (b) Those

involving actual residents of different barangays within the same city or municipality shall

be brought in the barangay where the respondent or any of the respondents actually

resides, at the election of the complaint; (c) All disputes involving real property or any

interest therein shall be brought in the barangay where the real properly or the larger

portion thereof is situated; (d) Those arising at the workplace where the contending

parties are employed or at the institution where such parties are enrolled for study, shall

be brought in the barangay where such workplace or institution is located.

In one case where a Lupon Chairman issued summons to respondent and

respondent failed to appear in the conciliation hearing, the Supreme Court allowed the

complainant to raise his case in the proper court and ruled that he has complied with the

procedure of the Katarungang Pambarangay. (Alinsungay v. Cagampang, G.R. No.L

69334)

In another case where the respondent failed to appear before the Katarungang

Pambarangay after the Lupon Chairman has validly issued a summon, the Supreme

Court ruled that the Lupon Chairman may issue a certification to file action.( Empamaydo

v. CA, G.R. No. 91606)

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 35

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Alangwai (2006) found out that the lupon member’s knowledge of the Barangay Justice

Law procedures and technique and cooperation did not affect the number of disputes

amicably settled by the lupon.

However, according to a study conducted in 2006 on the “Efficacy and Efficiency

of the Barangay Justice System”, barangay officials lack awareness of their roles and

duties and also lack of knowledge in implementing the Barangay Justice Law.

The findings of Miguel in his study of the implementation of Katarungang

Pambarangay in Monte Vista, Compostela Valley contradicted the findings of Gerry

Roxas Foundation. It revealed that members of Lupong Tagapamayapa of Montevista

are aware of the procedures and adhered to the same in settling disputes.

The Supreme Court of the Philippines in a decision declared what may be

considered as compliance to procedure and stated:

“We held that “notwithstanding the mandate in Section 410(b) of R.A. No. 7160

that the Barangay Chairman shall constitute a Pangkat if he fails in his mediation efforts,”

the same “Section 410(b) should be construed together with Section 412(a) of the same

law (quoted earlier), as well as the circumstances obtaining in and peculiar to the case.”

Here, while the Pangkat was not constituted, however, the parties met nine (9) times at

the Office of the Barangay Chairman for conciliation wherein not only the issue of water

installation was discussed but also petitioners’ violation of the lease contract. It is thus

manifest that there was substantial compliance with the law which does not require strict

adherence thereto.”

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 36

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Conciliation/Mediation: The Local Government Code provides for the procedure of

conciliation in the KatarungangPambarangay. It states in “Section 410.Procedure for

Amicable Settlement; (a) Who may initiate proceeding - Upon payment of the appropriate

filing fee, 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 of the barangay; (b) Mediation by lupon chairman - Upon receipt of the

complaint, the lupon chairman shall within the next working day summon the

respondent(s), with notice to the complainant(s) for them and their witnesses to appear

before him for a mediation of their conflicting interests. If he fails in his mediation effort

within fifteen (15) days from the first meeting of the parties before him, he shall forthwith

set a date for the constitution of the pangkat in accordance with the provisions of this

Chapter; (c) Suspension of prescriptive period of offenses - While the dispute is under

mediation, conciliation, or arbitration, the prescriptive periods for offenses and cause of

action under existing laws shall be interrupted upon filing the complaint with the punong

barangay. The prescriptive periods shall resume upon receipt by the complainant of the

complainant or the certificate of repudiation or of the certification to file action issued by

the lupon or pangkat secretary: Provided, however, That such interruption shall not

exceed sixty (60) days from the filing of the complaint with the punong barangay; (d)

Issuance of summons; hearing; grounds for disqualification - The pangkat shall convene

not later than three (3) days from its constitution, on the day and hour set by the lupon

chairman, to hear both parties and their witnesses, simplify issues, and explore all

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 37

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

possibilities for amicable settlement. For this purpose, the pangkat may issue summons

for the personal appearance of parties and witnesses before it. In the event that a party

moves to disqualify any member of the pangkat by reason of relationship, bias, interest,

or any other similar grounds discovered after the constitution of the pangkat, the matter

shall be resolved by the affirmative vote of the majority of the pangkat whose decision

shall be final. Should disqualification be decided upon, the resulting vacancy shall be filled

as herein provided for.

(Section 415 of the Local Government Code) provides that in all Katarungang

Pambarangay proceedings, the parties must appear in person without the assistance of

counsel or representative, except for minors and incompetents who may be assisted by

their next-of-kin who are not lawyers. It is expressly prohibited the appearance of a lawyer

for a complainant or respondent. A lawyer however may appear in Katarungang

Pambarangay if he is one of the parties in the dispute.

The conduct of hearing is informal but orderly. Rule VI, Sec.5 of the Implementing

Rules of the Katarungang Pambarangay states: “The Punong Barangay and the Pangkat

shall proceed to hear the matter in dispute in an informal but orderly manner, without

regard to technical rules of evidence, and as is best calculated to effect a fair settlement

of the dispute and bring about a harmonious relationship of the parties.

Proceedings before the Punong Barangay shall be recorded by the Lupon

Secretary while those before the Pangkat shall be recorded by the Pangkat Secretary.

The record shall note the date and time of hearing, appearance of parties, names of

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 38

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

witnesses and substance of their testimonies, objections and resolutions, and such other

matters as will be helpful to a full understanding of the case.

Amicable Settlements and Arbitration Awards in Section 413, R.A 7160 directs

that, a) The parties may, at any stage of the proceedings, agree in writing that they shall

abide by the arbitration award of the lupon chairman or the pangkat. Such agreement to

arbitrate may be repudiated within five (5) days from the date thereof for the same

grounds and in accordance with the procedure hereinafter prescribed. The arbitration

award shall be made after the lapse of the period for repudiation and within ten (10) days

thereafter; (b) The arbitration award shall be in writing in a language or dialect known to

the parties. When the parties to the dispute do not use the same language or dialect, the

award shall be written in the language or dialect known to them, unless repudiation of the

settlement has been made or a petition to nullify the award has been file before the proper

city or municipal court. However, this provision shall not apply to court cases settled by

the lupon regarding noncriminal cases which are referred by the courts for amicable

settlement, though not falling within the lupon’s authority. Any amicable settlement

resulting from the letter must first be submitted and approved by before the settlement

can have the force and effect of a final judgment

Execution of Amicable Settlement or Arbitration Award of Section 417. Execution.

- The amicable settlement or arbitration award may be enforced by execution by the lupon

within six (6) months from the date of the settlement. After the lapse of such time, the

settlement may be enforced by action in the appropriate city or municipal court.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 39

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Synthesis of Reviewed Literature and Studies

The related literature and studies--foreign and local, reviewed in the conduct of this

study are similarly related with each other, considering the fact that they all dealt with

justice system, not only here in the local setting, but also in other foreign countries. The

related literature and studies gave the researcher with ideas on the concept and design

on how to conduct this present study. They also gave impetus and direction to the

researcher to effectively interpret relevant data, and to have clear discussion on the extent

of responsiveness of the barangay justice system, and degree of the problems met in the

barangay justice system, relatively to the present study.

The foreign and local literature and local studies cited in this chapter are

synonymous and complementing each other considering the fact that all the literature and

studies explored similarly focused on the responsiveness of the government in the

administration of justice. The foreign literature and studies deals with same area of study,

and is relative with the present study and which are similar with the local literature and

studies presented in this chapter.

The problems met in the foreign setting are somewhat intertwined to what exists

in the local setting. The local studies as compared from the foreign studies only differs in

frequency, variations, settings, respondents, time and obviously in the conduct, and in the

findings of the study. Thus, it was able to bridge some of the lapses encountered relatively

with the present inquiry.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 40

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

CHAPTER 3

METHODS AND PROCEDURES

This chapter presents the following: methods used, sources of data, respondents,

instrument used, procedure, and statistical treatment.

Research Methods

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

The study adopted the descriptive method of research. Aquino (2004) defines

descriptive method of research as a fact-finding with adequate interpretation. The

descriptive method is something more and beyond just data gathering. The true meaning

of data collected should be reported from the point of view of the objectives and the basic

assumption of the project under way. This follows logically after careful classification of

data. Data must be subjected to the thinking process in terms of ordered reasoning.

Descriptive research also describes and interprets what is.

It also involved the elements of interpretation of the meaning of significance of

what is described. Thus description is often combined with comparison involving

measurements, evaluation, and interpretation. The study. These types of research

designs also used the qualitative and quantitative research designs were used based on

the rationale that the true picture on the extent of responsiveness of the barangay justice

system, and degree of the problems met in the barangay justice system were determined.

Population and Sampling Designs

The respondents of the study were the 78 constituent-clienteles who have availed

the services of the latter, and the 520 members of the barangay justice, and that is 20

members per barangay in each of the twenty-six barangays, all under the territorial

jurisdictions of the research locale of the study. Table 2 presents the population and

sample of the study.

Table 2

Population and Sample of the Study

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Groups of Respondents Population Sample

Constituent-Clienteles 78 78

Barangay Justice 520 106

Total 598 184

The sample was selected through the following schemes: for the first group of

respondents, it was a total enumeration or 100% of the total number of constituent-

clienteles; while for the second group of respondents, it was a simple random sampling

or 20% of the total number of members of the barangay justice. The numbers of sample

were 106 and 78, respectively or a total of 184 target respondents. From the total number

of sample, it is expected that reliable information can be generated from among the target

respondents.

The different groups of respondents can provide reliable assessments on the

extent of responsiveness of the barangay justice system, and degree of the problems met

in the barangay justice system in the research locale of the study. This is due to the fact

that the respondents were both having first hand experiences and technical knowledge

the way how the barangay justice system are being institutionalized and operationalized

in the said locality.

Tools in Data Gathering

The study used a questionnaire checklist that was formulated by the researcher

with the help and guidance of adviser. It was divided into three parts, as follows:

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Part I of the instrument was designed to draw information on the demographic-

profile of the members of the barangay justice system in terms of: educational attainment,

government eligibility, number of years in service, sector’s membership, and relevant

training attended.

Part II of the instrument was composed of 15-item checklist under three sub-

headings, i.e., settlement of disputes, satisfaction of clients, and referral of cases, which

are all designed to draw information on the extent of responsiveness of the barangay

justice system in the locality.

The responses to each item were evaluated according to the hereunder five-point

bipolar scale:

Ranges Scale Verbal Description

4.21 – 5.00 5 Very Responsive (VR)

3.61 – 4.20 4 Responsive (RE)

2.41 – 3.60 3 Moderately Responsive (MR)

1.81 – 2.40 2 Less Responsive (LR)

1.00 – 1.80 1 Not Responsive (NR)

Part III of the instrument was composed of 15-item checklist under three sub-

headings, i.e., organizational resources, inter-agency cooperation, and indifference of

clients, which are all designed to draw information on the degree of the problems met in

the barangay justice system in the locality.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 44

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

The responses to each item were evaluated according to the hereunder five-point

bipolar scale:

Ranges Scale Verbal Description

4.21 – 5.00 5 Very Serious (VS)

3.61 – 4.20 4 Serious (SE)

2.41 – 3.60 3 Moderately Serious (MS)

1.81 – 2.40 2 Less Serious (LS)

1.00 – 1.80 1 Not Serious (NS)

The reliability and validity of the instrument will be established through the conduct

of pre-test and re-test methods. The instrument was administered twice to the same

groups of respondents in an interval of one (1) month. The results of the pre-test and re-

test will be computed and analyzed. The instrument will be revised as the need arises for

fine tuning and purposely to suit the needs of the study (Hagan, 2007).

Procedures in Data Gathering

The researcher has first sought permission from the Honorable Mayor of the

Muncipality of Hagonoy, Province of Bulacan to allow her to float the questionnaire

checklists within the research locale of the study. The researcher has personally

administered and explained the mechanics in answering the questionnaire for a period of

one month in each group of respondents. Individual approach was also made to the target

respondents to facilitate the expeditious and early retrieval of the duly accomplished

questionnaire checklists.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 45

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Personal interviews from among the target respondents, and actual observations

within the research locale of the study, and focal-group discussions with the respondents

were likewise conducted. The data elicited from the conduct of the said research

undertakings were used to supplement, contribute in the solution, and in the clarity of the

problems being studied.

Statistical Treatment of Data

The demographic-profile of members of the barangay justice was studied from the

responses derived in Part I of the instrument checklist, and that is in terms of: educational

attainment, government eligibility, years in service, sector membership, and seminar

attended. The frequency and percentage distribution were computed to evaluate and

analyze the responses.

The extent of responsiveness of the barangay justice system, and degree of the

problems met in the barangay justice system were studied from the responses derived in

Part II and Part III of the instrument checklist. The total weighted frequency and total

weighted mean were computed in order to be able to evaluate and analyze the responses.

The hypotheses placed in this study, “there is no significant difference in the

assessments of the two groups of respondents on the extent of responsiveness of the

barangay justice system,” and “there is no significant difference in the assessments of the

two groups of respondents on the degree of problems met in the barangay justice

system,” were both tested by using the significant difference of two independent mean

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 46

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

analysis or the t-test. The level of significance was established at 0.05 level (Downie and

Heat, 2007).

Formula:

(X1– M1)2 + (X2 – M2)2

SD =
(N1 – 1) + (N2 – 1)

SED = SD N1 + N2

N1N2

t = _D
SED
Where:

(X1 – M1)2 = X12 = sum of the squared deviations around the mean of

group 1.

(X2 – M2)2 = X22 = sum of the squared deviations around the mean of

group 2.

SD = standard deviation.

SED = the standard error of the difference between the two sample

means.

t = distribution.

Note:

The sums of the squares will be combined to give a single SD.

Rule:

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

If after the computation, the result of the computed t is larger than Table T,

reject Ho., or otherwise accept it.

CHAPTER 4

PRESENTATION, ANALYSIS AND INTERPRETATION OF DATA

This chapter provides the presentation of statistical data relative to the problems

as earlier posited. Corresponding analysis and interpretation of these data are likewise

incorporated in this portion.

Demographic-Profile of the Members of Barangay Justice

1. Educational Attainment

Table 3 presents the frequency and percentage distribution of the members of

barangay justice as to educational attainment.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 48

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Table 3

Educational Attainment of the Members

of Barangay Justice

Educational Attainment Frequency Percentage Ranking

Master’s Degree 5 4.72 4
with Master’s Units 11 10.38 3
College Graduate 69 65.09 1
College Undergraduate 21 19.81 3
Tota l 106 100.00 -

College graduate ranked first and obtained a frequency of 69 and percentage

distribution of 65.09%; College undergraduate ranked second and obtained a frequency

of 21 and percentage distribution of 19.81%; With master’s unit ranked third and obtained

a frequency of 11 and percentage distribution of 10.38%; and Master’s graduate ranked

fourth and obtained a frequency of 5 and percentage distribution of 4.72%.

As indicated in the table, majority of the members of barangay justice are college

graduates. Meaning, they have the required academic preparations that can be utilized

as members of either the “lupon or pangkat.” Such educational preparations, plays an

important role in the discretion of the said members in making the right decisions

relatively with the conduct of mediation conferences that will benefit both the adversarial

parties within the system, and which is geared towards conciliation and arbitration, vis-à-

vis of imposing restorative from among the community-members.

2. Government Eligibility

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Table 4 presents the frequency and percentage distribution of the members of

barangay justice as to government eligibility.

Table 4

Government Eligibility of the Members

of Barangay Justice

Government Eligibility Frequency Percentage Ranking

PRC Board Eligible 13 12.26 4
CS Professional Eligible 28 26.42 2
CS Sub-Professional 1
Eligible 41 38.68
NAPOLCOM Eligible 7 6.60 5
Non-Eligible 17 16.04 3
Tota l 106 100.00 -
Civil Service (CS) sub-professional eligible ranked first and obtained a frequency

of 41 and percentage distribution of 38.68%; Civil Service (CS) professional eligible

ranked second and obtained a frequency of 28 and percentage distribution of 26.42%;

Non-eligible ranked third and obtained a frequency of 17 and percentage distribution of

16.04%; Professional Regulations Commission (PRC) board eligible ranked fourth and

obtained a frequency of 13 and percentage distribution of 12.26%; and National Police

Commission (NAPOLCOM) eligible ranked fifth and obtained a frequency of 7 and

percentage distribution of 6.60%

As manifested in the table, almost all of the members of barangay justice possess

the different government eligibilities, with some of them who are non-eligible, and who

could be considered as an exception rather than rule. With this eligibility profile of the

members of the “lupon and pangkat” it can encompasses, impliedly and explicitly, the

competency and efficiency unto their person in the disposition of cases referred to their

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 50

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

jurisdictions that will serve the interests and rights of either the victims or respondents.

This disposition may range from conciliation to arbitration, purposely to meet the spirit

and letter of the “katarungang pambarangay law.”

3. Number of Years in Service

Table 5 presents the frequency and percentage distribution of the members of

barangay justice as to number of years in service.

Table 5

Number of Years in Service of the Members

of Barangay Justice

Number of Years in Frequency Percentage Ranking

Service
1–3 55 51.89 1
4–6 36 33.96 2
7–9 15 14.15 3
Tota l 106 100.00 -

1 to 3 years in the service ranked first and obtained a frequency of 55 and

percentage distribution of 51.89%; 4 to 6 years in the service ranked second and obtained

a frequency of 36 and percentage distribution of 33.96%; and 7 to 9 years in the service

ranked third and obtained a frequency of 15 and percentage distribution of 15 are 14.15%.

As reflected in the table, most of the members of barangay justice are in their fresh

mandate as newly appointed members of the “lupon and pangkat.” This number of years

in service, even though barely 1 to 3 years can be considered as plus factor owing to the

enthusiasm of the persons of said members as service providers of their constituents in

delivery of justice, and which is considered as one important factors toward social

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 51

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

integration; thus making the functioning of society in accordance with its norms and

values.

4. Sector Membership

Table 6 presents the frequency and percentage distribution of the members of

barangay justice as to sector membership.

Table 6

Sector Membership of the Members

of Barangay Justice

Sector Membership Frequency Percentage Ranking

Professional Sector 15 14.15 4
Agricultural Sector 34 32.08 1
Socio-Civic Sector 27 25.47 2
Religious Sector 19 17.92 3
Student Sector 11 10.38 5
Tota l 106 100.00 -

Members of agricultural sector ranked first and obtained a frequency of 34 and

percentage distribution of 32.08%; Members of socio-civic sector ranked second and

obtained a frequency of 27 and percentage distribution of 25.47%; Members of religious

sector ranked third and obtained a frequency of 19 and percentage distribution of 17.92%;

Members of professional sector ranked fourth and obtained a frequency of 15 and

percentage distribution of 14.15%; and Members of student sector ranked fifth and

obtained a frequency of 11 and percentage distribution of 10.38%.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

As indicated in the table, the majority of the members of barangay justice system

belong to agricultural sector, and who are individual persons or groups of persons who

came from the grass root level of the society, and who can be considered as the

advocates of the poor and disadvantaged, so to speak of the criminal justice system of

the country. This profile is an expected outcome in the conduct of inquiry pertaining to

sector memberships, and that is due to the fact that the research locale of the study

belong to the category of one of the agricultural-rural places in the province. However,

other than taking it as a minus factor, it serves as a plus factor for the reason that in this

kind of society, there is still solidarity from among the people that dwells therein, and the

morality, values, customs and traditions of the community-members are not yet largely

influenced by the mode of life in urban places, and that is manifested by social-integration

of presence of deviant sub-culture not in harmony with culture of the majority members

of society.

5. Seminar Attended

Table 7 presents the frequency and percentage distribution of the members of

barangay justice as to seminar attended.

Table 7

Seminar Attended by the Members

of Barangay Justice

Seminar Attended Frequency Percentage Ranking

Barangay Justice System 37 34.91 1
Local Government Code 30 28.30 2
Criminal Law & 3
Jurisprudence 24 22.64

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Due Process of Law 15 14.15 4

Tota l 106 100.00 -

The barangay justice system seminar ranked first and obtained a frequency of 37

and percentage distribution of 34.91%; The seminar on local government code ranked

second and obtained a frequency of 30 and percentage distribution of 28.30%; The

seminar on criminal law and jurisprudence ranked third and obtained a frequency of 24

and percentage distribution of 22.64%; and The seminar on due process of law ranked

fourth and obtained a frequency of 15 and percentage distribution of 14.15%.

As embodied in the table, all the members of the barangay justice have attended

the different seminars related to the performance of their mandated powers and functions,

either as member of the “lupon and pangkat.” The various seminars attended by the

members of the system, had in one way or another provided them with the knowledge,

abilities, skills and values with regard to the fair and equal disposition of cases placed at

their disposal to ensure the convenience of both of the parties in the adversarial system

within the lowest political structure of the country. Additionally, such knowledge, abilities,

skills and values acquired in the different seminars given to them as initiated by the

barangay councils, in close coordination with the concerned local government agencies,

and other pillars of the justice system.

Extent of Responsiveness of the Barangay Justice System

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

1. Settlement of Disputes

Table 8 presents the grand weighted mean and overall verbal description of

responses of the different groups of respondents on the extent of responsiveness of the

barangay justice system as to settlement of disputes.

Table 8

Extent of Responsiveness of the Barangay

Justice System as to Settlement
of Disputes

Item Statements on CC BJ OW V
Settlement of Disputes WM VD WM VD M D
1.Ensuring a fair and honest disposition
of cases involving constituents 3.52 ME 3.91 RE 3.71 RE
irrespective of their affiliations.
2.Conducting an arbitration procedures
that is harmonious to the parties 3.53 ME 3.87 RE 3.70 RE
involved in the disputes.
3.Observing the due process of law
relatively with the observance of the 3.50 ME 3.85 RE 3.67 RE
related proceedings of the system.
4.Settling the alleged disputes in a
manner amicable to adversaries” 3.46 ME 3.85 RE 3.66 RE
without favoring either of the parties.
5.Initiating mediation conferences on
the time and date and place conductive 3.54 ME 3.87 RE 3.70 RE
to both adversarial parties.
GWM & OVD 3.51 ME 3.87 RE 3.69 RE
Legend:
VR - Very Responsive ` WM - Weighted Mean
RE - Responsive VD - Verbal Description
MR - Moderately Responsive OWM - Overall Weighted Mean
LR - Less Responsive GWM - Grand Weighted Mean
NR - Not Responsive OVD - Overall Verbal Description

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 55

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

As indicated in the table, the different groups of respondents described the extent

of responsiveness of the barangay justice system as to settlement of disputes as

responsive, based on the following statements: ensuring a fair and honest disposition of

cases involving constituents irrespective of their affiliations, with a weighted mean of 3.71;

conducting an arbitration procedures that is harmonious to the parties involved in the

disputes, with a weighted mean of 3.70; initiating mediation conferences on the time and

date and place conductive to both adversarial parties, with a weighted mean of 3.70;

observing the due process of law relatively with the observance of the related proceedings

of the system, with a weighted mean of 3.67; and settling the alleged disputes in a manner

amicable to adversaries” without favoring either of the parties, with a weighted mean of

3.66. The grand weighted mean is 3.69, with an overall weighted mean ranging from 3.66

to 3.71, and an overall verbal description of responsive.

As can be deduced from the findings, the different groups of respondents

described the extent of responsiveness of the barangay justice system as to settlement

of disputes as responsive. This is a clear indication that the members of the barangay

justice are trying their very best in the discharge of their mandated powers and functions

to fully serve the interest of their constituents relatively with the settlement of disputes

serving as controversies affecting rights and interests of both the adversarial parties.

Thus, is thereby producing a favorable consensus from the people thru mediation

conferences.

2. Satisfaction of Clients

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Table 9 presents the grand weighted mean and overall verbal description of

responses of the different groups of respondents on the extent of responsiveness of the

barangay justice system as to satisfaction of clients.

Table 9

Extent of Responsiveness of the Barangay

Justice System as to Satisfaction
of Clients

Item Statements on CC BJ OW V
Satisfaction of Clients WM VD WM VD M D
1.Promulgating decisions that are in
conformity with the values and norms 3.35 MR 3.77 RE 3.56 MR
existing within the community.
2.Providing both parties with an equal
opportunity to present evidences relatively 3.52 MR 3.88 RE 3.70 RE
with disputes in question.
3.Disposing of disputes not repugnant to
the decency and established customs of 3.51 MR 3.81 RE 3.66 RE
the community-members.
4.Observing a process that ensures that
rights and interest of the both parties 3.50 MR 3.87 RE 3.69 RE
involved in the disputes.
5.Accepting the arbitrations made by the
“lupon and pangkat” relatively with the 3.47 MR 3.80 RE 3.63 RE
disputes of adversaries.
GWM & OVD 3.47 MR 3.83 RE 3.65 RE
Legend:
VR - Very Responsive ` WM - Weighted Mean
RE - Responsive VD - Verbal Description
MR - Moderately Responsive OWM - Overall Weighted Mean
LR - Less Responsive GWM - Grand Weighted Mean
NR - Not Responsive OVD - Overall Verbal Description

As presented in the table, the different groups of respondents described the extent

of responsiveness of the barangay justice system as to satisfaction of clients as

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

responsive, based on the following statements: providing both parties with an equal

opportunity to present evidences relatively with disputes in question, with a weighted

mean of 3.70; observing a process that ensures that rights and interest of the both parties

involved in the disputes, with a weighted mean of 3.69; disposing of disputes not

repugnant to the decency and established customs of the community-members, with a

weighted mean of 3.66; and Accepting the arbitrations made by the “lupon and pangkat”

relatively with the disputes of adversaries, with a weighted mean of 3.63. The same

variable is described by respondents as moderately responsive as regards promulgating

decisions that are in conformity with the values and norms existing within the community,

with a weighted mean of 3.56. The grand weighted mean is 3.65, with an overall weighted

mean ranging from 3.56 to 3.70, and an overall verbal description of responsive.

As can be gleaned from the findings, the different groups of respondents described

the extent of responsiveness of the barangay justice system as to satisfaction of clients

as responsive. This is a clear manifestation that the members of the barangay justice are

in the right direction of making both tie ends meet between the complainants and

respondents with regard to the satisfaction of claims thru the judicial process as by

product of the effective implementation of the “katarungang pambarangay law.”

3. Referral of Cases

Table 10 presents the grand weighted mean and overall verbal description of

responses of the different groups of respondents on the extent of responsiveness of the

barangay justice system as to referral of cases.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 58

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Table 10

Extent of Responsiveness of the Barangay

Justice System as to Referral
of Cases

Item Statements on CC BJ OW V
Referral of Cases WM VD WM VD M D
1.Recording of the minor case referred to
the attention of the “lupon and pangat” by 3.43 ME 4.01 RE 3.72 RE
the local police.
2.Endorsing of cases to other concerned
agencies not falling under the original 3.25 ME 3.82 RE 3.53 ME
jurisdiction of the system.
3.Attending the medical needs in cases of
domestic violence or other cases needing 3.20 ME 3.82 RE 3.51 ME
first aid treatment.
4.Providing the adversarial parties with
the services provided by the welfare 3.35 ME 3.88 RE 3.61 RE
agencies, as the need arises.
5.Referral to the prosecutor’s office of any
disputes not settled amicably within the 3.35 ME 3.89 RE 3.62 RE
prescribed period.
GWM & OVD 3.32 ME 3.38 RE 3.60 MR
Legend:
VR - Very Responsive ` WM - Weighted Mean
RE - Responsive VD - Verbal Description
MR - Moderately Responsive OWM - Overall Weighted Mean
LR - Less Responsive GWM - Grand Weighted Mean
NR - Not Responsive OVD - Overall Verbal Description

As reflected in the table, the different groups of respondents described the extent

of responsiveness of the barangay justice system as to referral of cases as moderately

responsive, based on the following statements: recording of the minor case referred to

the attention of the “lupon and pangat” by the local police, with a weighted mean of 3.72;

referral to the prosecutor’s office of any disputes not settled amicably within the

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

prescribed period, weighted mean of 3.62; and referral to the prosecutor’s office of any

disputes not settled amicably within the prescribed period, weighted mean of 3.61. The

same variable is described by respondents as moderately responsive, based on the

following statements: endorsing of cases to other concerned agencies not falling under

the original jurisdiction of the system, weighted mean of 3.53; and attending the medical

needs in cases of domestic violence or other cases needing first aid treatment, weighted

mean of 3.51. The grand weighted mean is 3.60, with an overall weighted mean ranging

from 3.51 to 3.72, and an overall verbal description of moderately effective.

As can be gleaned from the findings, the different groups of respondents described

the extent of responsiveness of the barangay justice system as to referral of cases as

moderately responsive. This is a clear showing that the members of barangay justice

system, if despite of efforts exerted had failed to make the adversarial parties reach into

an agreeable consensus are still open of looking for other remedies through referral of

cases to the proper judiciary or administrative authorities that will finally resolved the case,

as its last recourse.

4. Summary of Assessments of Respondents

Table 11 presents the grand weighted mean and overall verbal description of

responses of the summary assessments of the different groups of respondents on the

extent of responsiveness of the barangay justice system.

Table 11

Summary of Assessments of Respondents

on the Extent of Responsiveness of

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 60

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

the Barangay Justice System

Variables on Responsiveness of BJS CC OW V

the Barangay Justice System
WM VD WM VD M D

1.Settlement of Disputes 3.51 MR 3.87 RE 3.69 RE

2.Satisfaction of Clients 3.47 MR 3.83 RE 3.65 RE

3.Referral of Cases 3.32 MR 3.38 RE 3.35 MR

GWM & OVD 3.43 MR 3.69 RE 3.56 MR

Legend:
VR - Very Responsive ` WM - Weighted Mean
RE - Responsive VD - Verbal Description
MR - Moderately Responsive OWM - Overall Weighted Mean
LR - Less Responsive GWM - Grand Weighted Mean
NR - Not Responsive OVD - Overall Verbal Description

As expressed in the table, the different groups of respondents described the extent

of responsiveness of the barangay justice system within the research locale of the study

in terms of the following variables: settlement of disputes, with an overall weighted mean

of 3.69; satisfaction of clients, with an overall weighted mean of 3.65; and referral of

cases, with an overall weighted mean of 3.35. The grand weighted mean is 3.56, and

overall verbal description of moderately responsive.

As can be derived from the findings, the respondents described the extent of

responsiveness of the barangay justice system as moderately responsive. This is clear

evidence that there is still a need for improvement in the performance of roles and

responsibilities on the part of the “lupon and pangkat,” to fully and best serve the judicial

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 61

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

interest of their constituents thru an effective mediation conference between the

adversarial parties in the system

Degree of Problems Met in the Barangay Justice System

1. Organizational Resources

Table 12 presents the grand weighted mean and overall verbal description of

responses of the different groups of respondents on the degree of problems met in the

barangay justice system as to organizational resources.

As indicated in the table, the different groups of respondents described the degree

of problems met in the barangay justice system as to organizational resources as serious,

based on the following statements: unavailability of support staff to do the legwork of

recording the process of mediation and arbitration, with a weighed mean of 3.75; lack of

facilities to be used in the conduct of mediation conferences that is conducive to all

parties, with a weighed mean of 3.69; insufficiency of the required equipment to ensure a

more effective procedural process during mediation, with a weighed mean of 3.66; and

incomplete number of the members of “lupon and pangkat” serving as arbitrators to the

disputes, with a weighed mean of 3.63. The same variable is described by respondents

as moderately serious as regards non-appropriation of funds to be utilized by the “lupon

and pangkat” with the performance functions, with a weighed mean of 3.56. The grand

weighted mean is 3.66, with an overall weighted mean ranging from 3.56 to 3.75, and an

overall verbal description of serious

Table 12

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 62

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Degree of Problems Met in the Barangay

Justice System as to Organizational
Resources

Item Statements on CC BJ OW V
Organizational Resources WM VD WM VD M D
1.Unavailability of support staff to do the
legwork of recording the process of 3.55 MS 3.95 SE 3.75 SE
mediation and arbitration.
2.Lack of facilities to be used in the
conduct of mediation conferences that is 3.46 MS 3.92 SE 3.69 SE
conducive to all parties.
3.Insufficiency of the required equipment
to ensure a more effective procedural 3.46 MS 3.86 SE 3.66 SE
process during mediation.
4.Incomplete number of the members of
“lupon and pangkat” serving as arbitrators 3.30 MS 3.96 SE 3.63 SE
to the disputes.
5.Non-appropriation of funds to be utilized
by the “lupon and pangkat” with the 3.28 MS 3.84 SE 3.56 MS
performance functions.
GWM & OVD 3.41 MS 3.91 SE 3.66 SE
Legend:
VS - Very Serious ` WM - Weighted Mean
SE - Serious VD - Verbal Description
MS - Moderately Serious OWM - Overall Weighted Mean
LS - Less Serious GWM - Grand Weighted Mean
NS - Not Serious OVD - Overall Verbal Description

As can be deduced from the findings, the different groups of respondents

described the degree of problems met in the barangay justice system as to organizational

resources as serious. This is clear indication that despite of the mandated functions and

powers vested upon the members of barangay justice system, their hands are hog-tied in

the performance of duties and responsibilities due to limited organizational resources at

their disposal.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 63

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

2. Inter-Agency Coordination

Table 13 presents the grand weighted mean and overall verbal description of

responses of the different groups of respondents on the degree of problems met in the

barangay justice system as to inter-agency coordination.

As presented in the table, the different groups of respondents described the degree of

problems met in the barangay justice system as to inter-agency coordination as

moderately serious, based on the following statements: non-involvement of the locality’s

local government operations office relatively with this undertaking, with a weighed mean

of 3.69; non-cooperation of other barangay councils on disputes when parties involved

are their constituents, with a weighed mean of 3.66; and interference of the local

government unit in the performance of functions of the “lupon and pangkat,” with a

weighed mean of 3.64. The same variable is described by respondents as moderately

serious, based on the following statements: lack of supervision from the court and

prosecution in the process initiated by the “lupon and pangkat,” with a weighed mean of

3.51; and non-referral of the police on minor cases falling under the jurisdiction of the

barangay justice system, with a weighed mean of 3.48. The grand weighted mean is 3.60,

with an overall weighted mean ranging from 3.48 to 3.69, and an overall verbal description

of moderately serious.

Table 13

Degree of Problems Met in the Barangay

Justice System as to Inter-Agency
Coordination

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 64

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Item Statements on OW V
Inter-Agency Coordination WM VD WM VD M D
1.Lack of supervision from the court and
prosecution in the process initiated by the 3.05 MS 3.98 SE 3.51 MS
“lupon and pangkat.”
2.Non-referral of the police on minor
cases falling under the jurisdiction of the 3.07 MS 3.89 SE 3.48 MS
barangay justice system.
3.Non-cooperation of other barangay
councils on disputes when parties 3.39 MS 3.92 SE 3.66 SE
involved are their constituents.
4.Non-involvement of the locality’s local
government operations office relatively 3.41 MS 3.96 SE 3.69 SE
with this undertaking.
5.Interference of the local government unit
in the performance of functions of the 3.45 MS 3.83 SE 3.64 SE
“lupon and pangkat.”
GWM & OVD 3.27 MS 3.92 SE 3.60 MS
Legend:
VS - Very Serious ` WM - Weighted Mean
SE - Serious VD - Verbal Description
MS - Moderately Serious OWM - Overall Weighted Mean
LS - Less Serious GWM - Grand Weighted Mean
NS - Not Serious OVD - Overall Verbal Description

As can be gleaned from the findings, the different groups of respondents described

the degree of problems met in the barangay justice system as to inter-agency

coordination as moderately serious. This is clear manifestation that similar with the other

agencies of the government tasked to ensure justice from among the people they sworn

to serve, the barangay justice system is also encountering internal and external

constraints pertaining to the required inter-agency coordination with other service

providers within the government, specifically from the pillars of the criminal justice system;

hence, the need to reinvigorate the existing relationships by and between among them.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 65

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

3. Indifference of Clients

Table 14 presents the grand weighted mean and overall verbal description of

responses of the different groups of respondents on the degree of problems met in the

barangay justice system as to indifference of clients.

As reflected in the table, the different groups of respondents described the degree

of problems met in the barangay justice system as to indifference of clients as moderately

serious as regards to pessimistic attitude on the part of the complainants and respondents

on the system and its process, with a weighed mean of 3.65. The same variable is

described by respondents as moderately serious, based on the following statements:

disobedience of the constituents on the mandated powers and functions of the “lupon and

pangkat, ”with a weighed means of 3.60; influence peddling initiated by the adversarial

parties affecting the disposition of their disputes, with a weighed mean of 3.55; non-

cooperation of the community-members to derailing the success of the barangay justice

system, with a weighed mean of 3.54; and ignoring of the both parties in the service of

summons relatively with their respective cases, with a weighed mean of 3.46. The grand

weighted mean is 3.56, with an overall weighted mean ranging from 3.46 to 3.65, and an

overall verbal description of moderately serious.

Table 14

Degree of Problems Met in the Barangay

Justice System as to Indifference
of Clients

Item Statements on BJS CC OW V

Indifference of Clients WM VD WM VD M D

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 66

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

1.Pessimistic attitude on the part of the

complainants and respondents on the 3.28 MS 4.01 SE 3.65 SE
system and its process.
2.Influence peddling initiated by the
adversarial parties affecting the 3.23 MS 3.87 SE 3.55 MS
disposition of their disputes.
3. Ignoring of the both parties in the
service of summons relatively with their 3.10 MS 3.82 SE 3.46 MS
respective cases.
4.Disobedience of the constituents on the
mandated powers and functions of the 3.23 MS 3.98 SE 3.60 MS
“lupon and pangkat.”
5.Non-ccoperation of the community-
members to derailing the success of the 3.04 MS 4.05 SE 3.54 MS
barangay justice system.
GWM & OVD 3.18 MS 3.95 SE 3.56 MS
Legend:
VS - Very Serious ` WM - Weighted Mean
SE - Serious VD - Verbal Description
MS - Moderately Serious OWM - Overall Weighted Mean
LS - Less Serious GWM - Grand Weighted Mean
NS - Not Serious OVD - Overall Verbal Description
As can be gleaned from the findings, the different groups of respondents described

the degree of problems met in the barangay justice system as to indifference of clients as

moderately serious. This is a clear showing that despite of the present level of

responsiveness of the barangay justice system in attending the judicial needs of the

constituents, the time immemorial “idio syncracies,” thus causing some indifference from

among the clients are still attacking the credibility of the system in the delivery of

responsive service.

4. Summary of Assessments

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 67

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Table 15 presents the grand weighted mean and overall verbal description of

responses of the summary assessments of the different groups of respondents on the

degree of the problems met in the barangay justice system.

Table 15

Summary of Assessments of Respondents

on the Degree of Problems Met in the
Barangay Justice System

Variables on Problems Met in the BJS CC OW V

Barangay Justice System
WM VD WM VD M D

1.Organizational Resources 3.41 MS 3.91 SE 3.66 SE

2.Inter-Agency Coordination 3.28 MS 3.92 SE 3.60 MS

3.Indiffirence of Clients 3.18 MS 3.95 SE 3.56 MS

GWM & OVD 3.29 MS 3.93 SE 3.61 SE

Legend:
VS - Very Serious ` WM - Weighted Mean
SE - Serious VD - Verbal Description
MS - Moderately Serious OWM - Overall Weighted Mean
LS - Less Serious GWM - Grand Weighted Mean
NS - Not Serious OVD - Overall Verbal Description
As expressed in the table, the different groups of respondents described the

degree of problems met in the barangay justice system within the research locale of the

study in terms of the following variables: organizational resources, with an overall

weighted mean of 3.66; inter-agency coordination, with an overall weighted mean of 3.60;

and indifferent of clients, with an overall weighted mean of 3.56. The grand weighted

mean is 3.61, and overall verbal description of serious.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 68

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

As can be derived from the findings, the respondents described the degree of

problems met in the barangay justice system as serious. This is clear evidence that the

present level of the responsiveness of the “lupon and pangkat,” in the performance of

mandated powers and functions are largely affected by the serious problems; thus serving

a minus factor in serving the best interests of the clients through the conduct of mediation

conferences, geared towards arbitration of disputes from among the litigants within the

system.

Significant Difference on the Extent of Responsiveness of the Barangay Justice

System

1. Settlement of Disputes

Table 16 presents the significant difference matrix in the assessments of the

different groups of respondents on the extent of responsiveness of the barangay justice

system as to settlement of disputes.

Table 16

Significant Difference Matrix on the Extent of

Responsiveness of the Barangay Justice
System as to Settlement of Disputes

Groups of t-value
Interpretatio
Respondents Mean Variance Compute Critical Decision
n
d
CC 3.51 0.2609 Reject the Significant
BJ 3.87 0.7574 20.125 1.645 Hypothesi at 0.05
s. Level.
Remarks:
LOS - 0.05 n1 - 78
DOF - 182 n2 - 106

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 69

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

As depicted in the table, the significant difference in the assessments of the

different groups of respondents on the extent of responsivness of the barangay justice

system as to settlement of disputes, are as follows: the mean are 3.51 and 3.87; the

standard deviation are 0.0316 and 0.0245; the t-calculated is 20.125; the t-critical is

1.645; the degree of freedom is 182; and the probability value is 0.0001. The t-calculated

is higher than the t-critical; significant at 0.05 level; reject the null hypothesis.

As can be inferred from the findings, the two groups of respodents have different

assessments on the extent of reponsiveness of the baragnay justice system as to

settlement of disputes. Such variations is basically derived from the diversity of the groups

they represent as end-users and service providers of the intent and purpose of the

“katarungang pambarangay law.” However, such assessments can be used as an “agent

of change” towards more responsive judicial system from the lowest poltical structure in

the said locality.

2. Satisfaction of Clients

Table 17 presents the significant difference matrix in the assessments of the

different groups of respondents on the extent of responsiveness of the barangay justice

system as to satisfactin of clients.

Table 17

Significant Difference Matrix on the Extent of

Responsiveness of the Barangay Justice
System as to Satisfaction of Clients

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 70

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Groups of t-value
Varianc
Responden Mean Compute Critical Decision Interpretation
e
ts d
CC 3.47 0.2248 Reject the Significant at
BJ 3.83 0.6841 9.461 Hypothesis 0.05 Level.
1.645
.
Remarks:
LOS - 0.05 n1 - 78
DOF - 182 n2 - 106

As indicated in the table, the significant difference in the assessments of the

different groups of respondents on the extent of responsiveness of the barangay justice

system as to satisfaction of clients, are as follows: the mean are 3.47 and 3.83 the

significant difference are 0.0696 and 0.0472; the t-calculated is 9.461; the t-critical is

1.645; the degree of freedom is 182; and the probability value is 0.0001. The t-calculated

is higher than the t-critical; significant at 0.05 level; reject the null hypothesis.

As can be deduced from the findings, the two groups of respondents have also

dissimilar assessments on the extent of the responsiveness of the barangay justice

system as to satisfaction of clients. Again, this dissimilarities of pereception of

respondents is owing to the fact that constituent-clienteles are expecting too much on the

part of the members of the barangay justice, either as member of the “lupon or pangkat,”

withour due regard to the limitations of the system in the observance and limitation with

regard to the implementation of the “katarungang pambarangay law.”

3. Referral of Cases

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 71

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Table 18 presents the significant difference matrix in the assessments of the

different groups of respondents on the extent of responsiveness of the barangay justice

system as to referral of cases.

Table 18

Significant Difference Matrix on the Extent of

Responsiveness of the Barangay Justice
System as to Referral of Cases

Groups of t-value
Varianc
Responden Mean Compute Critical Decision Interpretation
e
ts d
CC 3.32 0.1065 Reject the Significant at
BJ 3.88 0.4727 10.617 Hypothesis 0.05 Level.
1.645
.
Remarks:
LOS - 0.05 n1 - 78
DOF - 182 n2 - 106

As manifested in the table, the significant difference in the assessments of the

different groups of respondents on the extent of responsiveness of the barangay justice

system as to referrel of cases, are as follows: the mean are 3.32 and 3.88; the standard

deviation are 0.0910 and 0.0777; the t-calculated is 10.671; the t-critical is 1.645; the

degree of freedom is 182; and the probability value is 0.0001. The t-calculated is higher

than the t-critical; significant at 0.05 level; reject the null hypothesis.

As can be gleaned from the findings, the two groups of respondents likewise

having disagreement on their assessments on the extent of responsivness of the

barangay justice system as to referral of cases. This is diasagreement in perceptions of

respondents originated from the fact that there are times, the constitutent-clienteles are

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 72

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

very eager to resolve the disputes, favoring, either parties in the adversarial; however,

the “lupon and pangkat” have to go on the process, and strictly followed the required days

prescribed by the law in the disposition of disputes; hence, the reason for such disparities.

4. Summary of Significant Difference

Table 19 presents the significant difference matrix in the assessments of the

different groups of respondents on the extent of responsiveness of the barangay justice

system.

Table 19

Summary of Significant Difference Matrix on

the Extent of Responsiveness of the
Barangay Justice System

Groups of t-value
Varianc
Responden Mean Compute Critical Decision Interpretation
e
ts d
CC 3.43 0.1945 Reject the Significant at
BJ 3.69 0.5301 13.401 Hypothesis 0.05 Level.
1.645
.
Remarks:
LOS - 0.05 n1 - 78
DOF - 182 n2 - 106

As presented in table, the significant difference in the assessments of the different

groups of respondents on the extent of responsiveness of the barangay justice system in

terms of settlement of disputes, satisfaction of the clients, and referral of cases, are as

follows: the mean are 3.43 and 3.69; the significant difference are 0.1002 and 0.2721,

respectively; the t-calculated is 13.401; the t-critical is 1.645; the degree of freedom is

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 73

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

182; and the probability value is 0.977. The t-calculated is lower than the t-critical; not

significant at 0.05 level; reject the null hypothesis.

As can be inferred from the findings, the two groups of respondents have

diversities in their assessments on the extent of the responsiveness of the barangay

justice in terms of: settlement of disputes, satisfaction of clienteles, and referral of cases.

These perceptions are due to the differences of groups they represent, wherein the

constituent-clienteles are parties and the “lupon and pangkat” are arbiters, in the

adversarial system at the barangay level.

Significant Difference on the Degree of Problems Met in the Barangay Justice

System

1. Organizational Resources

Table 20 presents the significant difference matrix in the assessments of the

different groups of respondents on the degree of problems met in the barangay justice

system as to organizational resources.

Table 20

Significant Difference Matrix on the Degree of Problems

Met in the Barangay Justice System as
to Organizational Resources

Groups of t-value
Responden Varianc Critical
Mean Decision Interpretation
ts e Compute
d
CC 3.41 0.1788 Reject the Significant at
BJ 3.91 0.8231 8.692 Hypothesis 0.05 Level.
1.645
.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 74

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Remarks:
LOS - 0.05 n1 - 78
DOF - 182 n2 - 106

As depicted in the table, the significant difference in the assessments of the

different groups of respondents on the degree of problems met in the barangay justice

system as to organizational resources, are as follows: the mean are 3.41 and 3.91; the

significant difference are 0.1158 and 0.0537; the t-calculated is 8.692; the t-critical is

1.645; the degree of freedom is 182; and the probability value is 0.0001. The t-calculated

is higher than the t-critical; significant at 0.05 level; reject the null hypothesis.

As can be inferred from the findings, the two groups of respondents have diffrent

assessments on the degree of the problems met in barangay justice system as to

organizatioal resources. This difference which seems irreconcillable is due to the fact that

although the “lupon and pangkat” have already exerted their utmost efforts despite the

scarcity of resources at their disposal, the consitutent-clienteles are still wanting a more

enhanced performance of the mandated powers and functions of the “lupon and pangkat”

which are meeting some limitations that makes their hands hog-tied in so doing.

2. Inter-Agency Coordination

Table 21 presents the significant difference matrix in the assessments of the

different groups of respondents on the degree of problems met in the barangay justice

system as to inter-agency coordination.

Table 21

Significant Difference Matrix on the Degree of Problems

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 75

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Met in the Barangay Justice System as

to Inter-Agency Coordination

Groups of t-value
Responden Varianc Critical
Mean Decision Interpretation
ts e Compute
d
CC 3.28 0.106 Reject the Significant at
BJ 3.92 0.8419 6.987 Hypothesis 0.05 Level.
1.645
.
Remarks:
LOS - 0.05 n1 - 78
DOF - 182 n2 - 106

As indicated in the table, the significant difference in the assessments of the

different groups of respondents on the degree of problems met in the barangay justice

system as to inter-agency coodination, are as follows: the mean are 3.27 and 3.92; the

significant difference are 0.1967 and 0.0594; the t-calculated is 6.987; the t-critical is

1.645; the degree of freedom is 182; and the probability value is 0.0001. The t-calculated

is higher than the t-critical; significant at 0.05 level; reject the null hypothesis.

As can be deduced from the findings, the two groups of respondents have

variations of assessments on the degree of the problems mets in the barangay justice

sytem as to inter-agency coodination. This difference in perceptions is based on the belief

of the constituent-clienteles that since the :katarungang pambarangay law” is embodied

in the local governmetn code; hence, it is impliedly or explicitly that the “lupon and

pangkat” are provided with the necessary support of the government, and its

instrumentalities, however, this is something different with the personal experiene of the

system. .

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 76

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

3. Referral of Cases

Table 22 presents the significant difference matrix in the assessments of the

different groups of respondents on the degree of problems met in the barangay justice

system as to indifference of clients.

Table 22

Significant Difference Matrix on the Degree of Problems

Met in the Barangay Justice System as
to Indifference of Clients

Groups of t-value
Responden Varianc Critical
Mean Decision Interpretation
ts e Compute
d
CC 3.18 0.0392 Reject the Significant at
BJ 3.95 0.3057 12.28 Hypothesis 0.05 Level.
1.645
.
Remarks:
LOS - 0.05 n1 - 78
DOF - 182 n2 - 106

As manifested in the table, the significant difference in the assessments of the

different groups of respondents on the degree of problems met in the barangay justice

system as to indifference of clients, are as follows: the mean are 3.18 and 3.95; the

significant difference are 0.1011 and 0.0971; the t-calculated is 12.28; the t-critical is

1.645; the degrees of freedom is 182; and the probability value is 0.0001. The t-calculated

is higher than the t-critical; significant at 0.05 level; reject the null hypothesis.

As can be gleaned from the findings, the two groups of respondents have

disimilarities of assessments on the degree of the poblems met in the barangay justice

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 77

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

system as to indifference of clients. This is owing to the fact that it is inherent on the part

of the constituent-clienteles to expect a more responsive and immediate disposition of the

disputes they have brought at the jurisdiction of the “lupon and pangkat.” However, with

the reglamentary period prescribed by law in disposing of said cases, the former are

becoming impatient causing irritations on their part; thereby resulting this differences in

perceptions.

4. Summary of Significant Difference

Table 23 presents the significant difference matrix in the assessments of the

different groups of respondents on the degree of problems met in the barangay justice

system.

Table 23

Significant Difference Matrix on the Degree

of Problems Met in the Barangay
Justice System

Groups of t-value
Responden Varianc Critical
Mean Decision Interpretation
ts e Compute
d
CC 3.29 0.093 Reject the Significant at
BJ 3.93 0.859 9.409 Hypothesis 0.05 Level.
1.645
.
Remarks:
LOS - 0.05 n1 - 78
DOF - 182 n2 - 106

As presented in table, the significant difference in the assessments of the different

groups of respondents on the degree of problems met in the barangay justice system in

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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

terms of organizational resources, inter-agency coordination, and indifference of clients,

are as follows: the mean are 3.29 and 3.93; the standard deviation are 0.1153 and 0.0208,

respectively; the t-calculated is 9.409; the t-critical is 1.645; the degrees of freedom is

182; and the probability value is 0.0004. The t-calculated is higher than the t-critical;

significant at 0.05 level; reject the null hypothesis.

As can be inferred from the findings, the two groups of respondents have

diversities in their assessments on the degree of the problems met in the barangay justice

in terms of: organizational resources, inter-agency coordination, and indifference of

clients. These diversities in perceptions of respondents can be considered, basically as

form of check and balance serving as “yes and nays” or “pros and cons” in really

assessing the constraints met by the system, which thus affecting the present level of

responsiveness in the delivery of justice system at the lowest political structure of the

country.

Procedure for Enhancing Conciliation Procedure

In harmony with the provisions of Section 399, Republic Act No. 7160, entitled as,

“The Local Government Code of 1991,” in paragraph (a) thereof provides that that there

is hereby created in each barangay a “lupong tagapamayapa,” hereinafter referred to as

the “lupon,” composed of the “punong barangay,” as chairman and ten (10) to twenty (20)

members. The “lupon” shall be constituted every three (3) years in the manner provided

herein.

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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Corollary this, the Supreme Court Administrative Circular No. 14-93, “Guidelines

on the Katarungang Pambarangay Conciliation Procedure to Prevent Circumvention of

the Revised Katarungang Pambarangay Law,” and Supreme Court Administrative

Circular No. 29-89, “Regular Dialogues and Conferences on Conciliation of Disputes,”

and which is the basis of the proposed procedures formulated as the outcome of this

study. The preceding law has repealed the original “katarungang pambarangay law” as

provided by P.D. No. 1185, while the administrative circulars issued by the Supreme

Court are supplementary guidelines in the implementation of the law for effective

disposition of disputes through mediation conferences within the system.

Therefore, this proposal aside from serving as a device towards enhancing

conciliation procedure, will also serve as a roadmap in ensuring the participation of all the

community-member in resolving the disputes between and among them, particularly

those cases within the jurisdiction of the barangay justice system, vis-à-vis restorative

justice system. Therefore, the adoption and subsequent implementation of this proposal

will likewise guide the members of the “lupon or pangkat” with regard ensuring justice to

the constituents, and to whom it is due. Please see Appendix “D” for the said proposed

procedure.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

CHAPTER 5

SUMMARY, CONCLUSIONS AND RECOMMENDATIONS

This portion presents the summary, and the corresponding conclusions derived in

the conduct of study. It also provides recommendations that could be pursued or adopted

by other researchers.

Summary

This study was anchored on the idea of strengthening the traditional ways of

settling disputes at the barangay level, as an off- shoot and alternative mechanism to the

continuing congestions of cases filed in the regular courts of the Philippines. This

attempted to assess responsiveness of the barangay justice system in Hagonoy, Bulacan,

as basis for enhancing conciliation procedure. Specifically it sought to answer the

following problems.

1. What is the demographic-profile of the members of barangay justice system

in terms of:

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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

1.1. educational attainment;

1.2. government eligibility;

1.3. number of years in service;

1.4. sector membership; and

1.5. seminar attended?

2. What is the extent of responsiveness of the barangay justice system in

terms of:

2.1. settlement of disputes;

2.2. satisfaction of clients; and

2.3. endorsement of cases?

3. What is the degree of the problems met in the barangay justice system in

terms of:

3.1. organizational resources;

3.2. inter-agency cooperation; and

3.3. indifference of clients?

4. Is there any significant difference in the assessments of the two groups of

respondents on the extent of responsiveness of the barangay justice system?

5. Is there any significant difference in the assessments of the two groups of

respondents on the degree of problems met in the barangay justice system?

6. What proposal can be formulated for enhancing conciliation procedure as

an outcome of the study?

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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

The following hypotheses were tested in the conduct of this study: “there is no

significant difference in the assessments of the two groups of respondents on the extent

of responsiveness of the barangay justice system,” and “there is no significant difference

in the assessments of the two groups of respondents on the degree of problems met in

the barangay justice system.”

The study was conducted in the Municipality of Hagonoy, Province of Bulacan. The

respondents of the study were the constituent-clienteles who have availed of the services

of the latter, and the members of the barangay justice system. The study was conducted

for a period of six-months, and that is from October 2015 to March 2016.

The descriptive method of research was used in the conduct of this study, and

that is thru questionnaire checklist, personal interviews, actual observations, and focal-

group discussions. The statistical tools used were frequency and percentage distribution,

weighted frequency, weighted mean, and the significant difference of two independent

means analysis or the t-test. The level of significance was established at 0.05 level.

The following findings were obtained:

1. Demographic-profile of the members of barangay justice: 69 or 65.09%

were college graduate, 41 or 38.68% are sub-professional eligible, 55 or 51.89% were 1

to 3 years in service, 34 or 32.08% came from agricultural sector, and 37 or 34.91%

attended the barangay justice system seminar.

2. The different groups of respondents described the extent of responsiveness

of the barangay justice system in terms of the following variables: settlement of disputes -

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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

OWM of 3.69, satisfaction of clients - OWM of 3.65, and referral of cases - OWM of 3.35,

while the GWM was 3.56.

3. The different groups of respondents described the degree of problems met

in the barangay justice system in terms of the following variables: organizational resources

- OWM of 3.66, inter-agency coordination - OWM of 3.60, and indifferent of clients - OWM

of 3.56, while the GWM was 3.61.

4. The significant difference in the assessments of the different groups of

respondents on the extent of responsiveness of the barangay justice system, are as

follows: the t-calculated values was 13.401, and which was higher than the critical value

of 1.645, it is therefore significant at 0.05 level.

5. The significant difference in the assessments of the different groups of

respondents on the degree of problems met in the barangay justice system, are as follows:

the t-calculated value was 9.409, and which was higher than the t-critical value of 1.645,

it is therefore significant at 0.05 level.

6. Section 399, R.A. 7160,” provides for the creation of “lupong

tagapamayapa,” relatively with this, the Supreme Court has issued “Guidelines on the

Conciliation Procedure to Prevent Circumvention,” and “Guidelines on Regular Dialogues

and Conferences on Conciliation of Disputes.”

Conclusions

Based on the above findings, the following conclusions were deduced:

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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

1. The vast majority of the members of barangay justice was college graduate,

civil service sub-professional eligible, 1 to 3 years in the service of the constituents,

members of the agricultural sector of society, and attended the barangay justice system

seminar, and which is related to their functions.

2. The respondents described the extent of responsiveness of the barangay

justice system as follows: settlement of disputes - responsive, satisfaction of clients -

responsive, and referral of cases - moderately responsive, and the overall verbal

description was moderately responsive.

3. The respondents described the degree of problems met in the barangay

justice system as follows: organizational resources - serious, inter-agency coordination -

moderately serious, and indifferent of clients - moderately serious, while the overall verbal

description was serious.

4. Based from the above statistical data, the hypothesis of no significant

difference in the assessments of the different groups of respondents on the extent of

responsiveness of the barangay justice system within the resarch locale of the study was

not accepted.

5. Based from the above statistical data, the hypothesis of no significant

difference in the assessments of the different groups of respondents on the degree of

problems met in the barangay justice system within the research locale of the study was

not accepted.

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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

6. The proposed procedure for enhancing conciliation procedure can be used

as a device towards the speedy disposition of cases under the jurisdiction of the barangay

justice system; therefore, its subsequent implementation will remove the old adage of

“justice delayed, justice denied.”

Recommendations

From the above conclusions, the following recommendations were made:

1. Activation of the barangay justice system academy at the local level that will

offer an alternative learning system for the members of “lupong tagapamayapa” and

“pangkat ng tagapagkasundo” to ensure a more improved technical knowledge and skills

in the performance of mandated functions.

2. Regular and periodic seminar-workshops to be initiated by the peace and

order council to be attended not only by the members of the barangay justice, but also by

the other pillars of the criminal justice system, and the local government agencies to

discuss matters on “katarungang pambarangay law.”

3. Inclusion in the appropriation of funds some provisions intended for the

miscellaneous operational expenses relative with the full implementation of the

“katarungang pambarangay law,” and which is to be generated from the internal revenue

allotment share of each of the barangays in a given locality.

4. Bench-marking with other administrative and investigative bodies of the

government to widen the horizon of the “lupon and pangkat” relatively with the disposition

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

and resolution of cases involving disputes under the jurisdictions of the barangay justice

system.

5. Similar study be conducted in another time and setting which will focus on

the responsiveness of the barangay justice system, including the internal and external

problems met from within the said judicial practice, purposely to confirm or negate the

findings of the present study.

6. Implementation of the proposal for enhacing the conciliaiton procedure to

be used as guidelines by members of the barangay justice to both serve the rights and

interests of the adversarial parties within the system, and which is the intent and purpose

of the “kararungang pambarangay law.”

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

BIBLIOGRAPHY

A. Books.

Aquino, Gaudencio V. (2004), Essentials of Research & Thesis Writing: Third Edition,
Quezon Avenue, Quezon City: Phoenix Publishing House, Inc.

Downie, N.M. & Robert W. Heath (20075), Basic Statistical Methods, Fifth Edition, New
York, USA: Harper & Row Publishers.

Hagan, Frank E. (2003), Research Methods in Criminal Justice and Criminology, Third
Edition, New York, USA: Macmillan Publishing Company.

Soriano, Oscar G. (2015), The Philippine Criminal Justice System: Revised Edition,
Cabanatuan City: Nueva Ecija Review Center & Educational Supplies.

Narvasa, Andres R. (1996), Handbook on the Courts and the Criminal Justice System,
Taft Avenue, Manila: Supreme Court of the Philippines.

B. Unpublished Works.

Sam, Radzak Abag (2013), Barangay Justice Service System Project: Alternative
Mechanism in Dispute Resolution in Maguindanao, Southern Philippines: A
Content Analysis,” Cabacan, Maguindanao, Mindanao State University.

C. Journals, Magazines, Laws, Issuances, Etc.

National Judicial Institute (2008), A Sourcebook on Alternatives to Formal Dispute

Resolution Mechanisms, Canada: Canadian International Development Agency.

Philippines-Canada Local Government Support Program (2004), Katarungang

Pambarangay: A Handbook, Atenero de Manila University, Quezon City: Sentro
ng Alternatibong Lingap Panligal.

Presidential Decree No. 1185, “Establishing A System of Amicably Settling Disputes at

the Barangay Level.

Republic Act No. 7160, “An Act Providing for A Local Government Code of 1991.”

Supreme Court Administrative Circular No. 29-89, “Regular Dialogues/Conferences on

Conciliation of Disputes.”

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 88

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Supreme Court Administrative Circular No. 14-93, “Guidelines on the Katarungang

Pmbarangay Conciliation Procedure to Prevent Circumvention of the Revised
Katarungang Pmbarangay Law.”

D. World Wide Web Research.

https://en.wikipedia.org/wiki/Katarungang_Pambarangay. Retrieved as of Janu-ary 16,

2016).

http://thelawyerspost.net/barangay-justice-system-in-the-philippines. Retrieved as of
January 16, 2016).

http://hiljustfoundation.blogspot. com/p/plgr. html. Retrieved as of January 16, 2016.

http://pure. iiasa.ac.at/9394/1/XO-10-012.pdf. Retrieved as of January 16, 2016.

http://www.accessfacility.org/barangay-justice-system-katarungang-pambaran-gay.
Retrieved as of January 16,. 2016).

https://en. wikipedia.org/wiki/Hagonoy,_Bulacan. Retrieved as of January 16.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

APPENDIX “A”

REQUEST TO GATHER DATA

February 16, 2016

HON. RAULITO T. MANLAPAZ, SR.

Municipal Mayor
Hagonoy, Bulacan

S i r:

This is to request permission from your good office to allow the undersigned researcher
in conducting her study, entitled “Barangay Justice System in Hagonoy, Bulacan: Basis
for Enhancing Conciliation Procedure,” in partial fulfillment of the requirements for the
degree Master of Science in Criminal Justice Education with Specialization in
Criminology. .

This will involve the members of the barangay justice system, and the constituent-
clienteles who availed of the services of the former, in the different barangays within your
territorial jurisdictions, as respondents in the herein attached questionnaire checklist.

Personal interviews, actual observations the different barangays within the locality, and
focal group discussions with the respondents will be also initiated to form part of the
gathering of needed data. The information collected in these research activities shall be
used to supplement the data gathered with the use of questionnaire checklist.

MORE POWER AND GOD BLESS!

Very truly yours,

JOCELYN B. BENTER
(Researcher)

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

APPENDIX “B”

LETTER TO RESPONDENTS

February 16, 2016

DEAR RESPONDENTS:

Greetings:

The undersigned is presently conducting her research study, entitled “Barangay Justice
System in Hagonoy, Bulacan: Basis for Enhancing Conciliation Procedure,” in partial
fulfillment of the requirements for the degree Master of Science in Criminal Justice
Education with Specialization in Criminology.

In connection with the above, she is requesting your utmost cooperation and support by
answering the herein attached questionnaire checklist. Rest assured that the information
to be generated will be treated with highest confidentiality, and will be used only for
research purposes as intended.

THANK YOU!

Very truly yours,

JOCELYN B. BENTER
(Researcher)

APPENDIX “C”

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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

QUESTIONNAIRE CHECKLIST

I. Demographic-Profile of Members of the Barangay Justice.

Direction:

Please furnish the information asked for on the items provided.

1. Educational Attainment ( ): Master’s Graduate

( ): College Graduate
( ): College Undergraduate
( ): Others, please specify:
__________________

2. Government Eligibility ( ): PRC Board Eligible

( ): CS Professional Eligible
( ): CS Sub-Professional Eligible
( ): Others, please specify:
__________________

3. Years in Service ( ): 1-3

( ): 4-6
( ): 7-9
( ): Others, please specify:
__________________

4. Sector Membership ( ): Professional Sector

( ): Agricultural Sector
( ): Religious Sector
( ): Socio-Civic Sector
( ): Others, please specify:
__________________

5. Seminar Attended ( ):
Barangay Justice System
( ):
Local Government Code
( ):
Criminal Law & Jurisprudence
( ):
Due Process of Law
( ):
Others, please specify:
__________________
II. Extent of the Responsiveness of Barangay Justice System

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Directions:

Following are statements indicating the extent of responsiveness of barangay

justice system. Feel free to express your opinion by putting a check mark on the
appropriate columns provided opposite each item statement.

Legend:

Very Responsive (VR) - 5

Responsive (RE) - 4
Moderately Responsive (MR) - 3
Less Responsive (LR) - 2
Not Responsive (NR) - 1

Extent of the Responsiveness of V R M L N

Barangay Justice System R E R R R

I. Settlement of Disputes 5 4 3 2 1

1.Ensuring a fair and honest disposition of cases

involving constituents irrespective of their affiliations.

2.Conducting an arbitration procedures that is

harmonious to the parties involved in the disputes.

3.Observing the due process of law relatively with the

observance of the related proceedings of the system.

4.Settling the alleged disputes in a manner amicable

to adversaries” without favoring either of the parties.

5.Initiating mediation conferences on the time and date

and place conductive to both adversarial parties.

II. Satisfaction of Clients 5 4 3 2 1

1.Promulgating decisions that are in conformity with

the values and norms existing within the community.

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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

2.Providing both parties with an equal opportunity to

present evidences relatively with disputes in question.

3.Disposing of disputes not repugnant to the decency

and established customs of the community-members.

4.Observing a process that ensures that rights and

interest of the both parties involved in the disputes.

5.Accepting the arbitrations made by the “lupon and

pangkat” relatively with the disputes of adversaries.

III. Referral of Cases 5 4 3 2 1

1.Recording of the minor case referred to the attention

of the “lupon and pangat” by the local police.

2.Endorsing of cases to other concerned agencies not

falling under the original jurisdiction of the system.

3.Attending the medical needs in cases of domestic

violence or other cases needing first aid treatment.

4.Providing the adversarial parties with the services

provided by the welfare agencies, as the need arises.

5.Referral to the prosecutor’s office of any disputes not

settled amicably within the prescribed period.

II. Degree of the Problems Met in Barangay Justice System.

Directions:

Following are statements indicating the degree of the problems met in barangay
justice system. Feel free to express your opinion by putting a check mark on the
appropriate columns provided opposite each item statement.

Legend:

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An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Very Serious (VS) - 5

Serious (SE) - 4
Moderately Serious (MS) - 3
Less Serious (LS) - 2
Not Serious (NS) - 1

Degree of the Problems Met in V S M L N

Barangay Justice System S E S S S

I. Organizational Resources 5 4 3 2 1

1.Unavailability of support staff to do the legwork of

recording the process of mediation and arbitration.

2.Lack of facilities to be used in the conduct of

mediation conferences that is conducive to all parties.

3.Insufficiency of the required equipment to ensure a

more effective procedural process during mediation.

4.Incomplete number of the members of “lupon and

pangkat” serving as arbitrators to the disputes.

5.Non-appropriation of funds to be utilized by the

“lupon and pangkat” with the performance functions.

II. Inter-Agency Coordination 5 4 3 2 1

1.Lack of supervision from the court and prosecution

in the process initiated by the “lupon and pangkat.”

2.Non-referral of the police on minor cases falling

under the jurisdiction of the barangay justice system.

3.Non-cooperation of other barangay councils on

disputes when parties involved are their constituents.

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An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

4.Non-involvement of the locality’s local government

operations office relatively with this undertaking.

5.Interference of the local government unit in the

performance of functions of the “lupon and pangkat.”

III. Indifference of Clients 5 4 3 2 1

1.Pessimistic attitude on the part of the complainants

and respondents on the system and its process.

2.Influence peddling initiated by the adversarial parties

affecting the disposition of their disputes.

3.Ignoring of the both parties in the service of

summons relatively with their respective cases

4.Disobedience of the constituents on the mandated

powers and functions of the “lupon and pangkat.”

5.Non-ccoperation of the community-members to

derailing the success of the barangay justice system.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 96

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

APPENDIX “D”

PROPOSAL FOR ENHANCING

CONCILIATION PROCEDURE

I. REFERENCES:

A. Supreme Court Administrative Circular No. 29-89, “Regular

Dialogues/Conferences on Conciliation of Disputes.”

B. Supreme Court Administrative Circular No. 14-93, “Guidelines on the

Katarungang Pambarangay Conciliation Procedure.”

C. Republic Act No. 7160, “An Act Providing for a Local Government Code of
1991, Book III - LGU, Title - “The Katarungang Pambarangay.”

II. INTRODUCTION:

The barangay justice system is a unique justice system in the local setting. It is
operated by the smallest of the local government units, the barangay and is overseen by
the barangay captain, the highest elected official of the barangay and the council. The
barangay captain sits on the “LupongTagapamayapa” along with other barangay
residents, which is the committee that decides disputes and other matters.

They do not constitute a court as they do not have judicial powers. The system
exists to help decongest the regular courts and works mostly as "alternative, community-
based mechanism for dispute resolution of conflicts,” also described as a "compulsory
mediation process at the village level. Since officials have more flexibility in decision-
making, including from complex evidence rules, and receive some resources from
government, the courts are more numerous and accessible than other courts and
therefore the courts are able to hear more cases and to respond more immediately.

Additionally, the body is normally constituted every three years and holds office
until a new body is constituted in the third year. They receive no compensation except
honoraria, allowances and other emoluments as authorized by law or barangay, municipal
or city ordinance. Almost all civil disputes and many crimes with potential prison
sentences of less than one year or fines less than P5,000.00 are subjected to the system.
In barangays where a majority of members belong to an indigenous people, traditional
dispute mechanisms such as a council of elders may replace the barangay judicial
system.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
enhancing Mediation Procedure 97

Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Upon receipt of the complaint, the chairman to the committee, most often the
barangay captain, shall the next working day inform the parties of a meeting for mediation.
If after 15-days for the first meeting, the mediation is not successful then a more formal
process involving the “pangkat” or body must be followed. There is another 15-day period
to resolve the dispute through this more formal process, extendable by the “pangkat” for
yet another 15-day period. If not settlement has been reached, then a case can be filed
in the regular court having original jurisdictions over dispute in question.

Moreover, the strength of the barangay justice system lies in the fact that it is based
in the community itself, and is administered by community members using traditional
practices in dispute resolution. With this set-up, the disputing parties are expected to be
more comfortable in discussing their problems and in exploring solutions to the disputes.
It is likewise expected that the community-based set-up of the barangay justice system
will ensure that the parties will honor the amicable settlement that was agreed upon.
Ultimately, the barangay justice system is envisioned to live up to its name. It is expected
to ensure the dispensation of justice at the grassroots level.

Finally, the barangay justice system maximizes the use of time-honored traditions
and practices of communities in settling disputes between community members. Filipinos
traditionally resort to the help of older members of the family, community elders, or tribe
leaders in resolving disputes between members of the same family or community. This is
the common practice that is recognized and formalized by the barangay justice system.

In lieu of family members, community elders, or tribe leaders, the barangay justice
system uses the “Punong Barangay” and the “Lupon Members,” who are appointed from
the respected members of the community. In recognition of traditional customary
practices in some indigenous communities, the law on the barangay justice system
provides that in communities that have distinct traditional practices of settling disputes,
the customs and traditions of the indigenous cultural communities shall be applied.

III. BACKGROUND:

The barangay is the smallest political unit in the country, headed by a barangay
captain and a barangay council composed of six (6) councilors or “kagawad.” Several
barangays comprise a city or municipality. Here in the local setting, there is a system of
meddling disputes by neighbors and residents of the same barangay or by adjoining
barangays. The system is called the barangay justice system.

Moreover, it has long been a traditional, local system of resolving disputes.

Presidential Decree No. 1508 talks an unofficial "time-honored tradition of amicably
settling disputes among family and barangay members at the barangay level without
judicial resources." Alfredo Flores Tadiar was the principal author of Presidential

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Decree No. 1508, otherwise known as “The Katarungang Pambarangay Law,” and he
also wrote its implementing rules, requiring prior conciliation as a condition for judicial
recourse.

For 12 years, and that is 1980-1992, he was a member of the Committee of

Consultants, Bureau of Local Government Supervision, which oversaw the nationwide
operations of the “Katarungang Pambarangay Law.” Under the decree, the body was
known as “Lupong Tagapamayapa. Additionally, the decree was replaced by the Local
Government Code of 1991.

IV. SITUATION:

Citing the report submitted by the Bureau of Local Government Supervision, the
estimated savings of P3,107,678,000 was determined as a result of the out-of-court
settlement of a total of 327,124 disputes lodged before barangay lupons or lupong
tagapamayapa throughout the country. The estimated government cost of adjudication
per case is P9,500.

Accordingly, a total of 425,263 cases were filed in the different lupons nationwide
in 2013, of which 77% or 327,124 were settled, and only 23% or 98,139 were not. Region
1 accounted for the highest percentage of settled cases with 88.22%, followed by Region
8 with 87.28%, and Region IV-B with 86.55%.

Moreover, of the 327,124 settled cases, majority of the cases or 251,894 were
settled through mediation, 63,651 through conciliation, and 11,579 through arbitration.
the nature of disputes included 161,562 criminal cases, 179,280 civil cases, and 84,421
others. On the other hand, of the 98,139 unsettled cases, 35,898 are still ongoing, 2,606
were repudiated, 4,924 withdrawn, 32,588 dismissed, 5,177 referred to concerned
agencies, and 16,946 issued a certification to file action in court.” In other words, the
barangay justice system is a vital cog in our justice system, by declogging our already
clogged courts and resolving disputes among neighbors.

V. RATIONALE:

The “Revised Katarungang Pambarangay Law under R.A. 7160,” otherwise known
as the Local Government Code of 1991, effective on January 1, 1992 and which repealed
P.D 1508, introduced changes not only in the authority granted to the “Lupong
Tagapamayapa” but also in the procedure to be observed in the settlement of disputes
within the authority of the “Lupon.”

In order that the laudable purpose of the law may not be subverted and its
effectiveness undermined by indiscriminate, improper and/or premature issuance of

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

certifications to file actions in court by the “Lupon or Pangkat Secretaries,” attested by the
“Lupon or Pangkat Chairperson,” respectively, the following guidelines are hereby issued
for the information of trial court judges in cases brought before them coming from the
Barangays:

All disputes are subject to Barangay conciliation pursuant to the “Revised

Katarungang Pambarangay Law,” formerly P.D. 1508, repealed and now replaced by
Sections 399 to 422, Chapter VII, Title I, Book III, and Sec. 515, Title I, Book IV, R.A.
7160, otherwise known as the Local Government Code of 1991], and prior recourse
thereto is a pre-condition before filing a complaint in court or any government offices,
except in the following disputes:

VI. OBJECTIVES:

The main objective of this proposal are geared toward enhancing the mediation
conferences spearheaded by the members of the barangay justice in attending the
disputes filed by the constituent-clienteles with the adversarial system at the lowest
judicial structure within the locality. Specifically, it deals to speedily accomplish the
following specific objectives:

A. Conciliation Process. It is an alternative dispute resolution process

whereby the parties to a dispute use a conciliator, who meets with them in an attempt to
resolve their differences to lower tensions, improving communications, interpreting
issues, encouraging parties to explore potential solutions and finding a mutually
acceptable outcome.

B. Resolution of Cases. This is generally refers to one of several different

processes used to resolve disputes between parties, including negotiation, mediation,
arbitration, and litigation. The proceeding is an informal process and is not governed by
strict rules of evidence and procedure, which are established usage and custom within
the formal case resolution.

C. Arbitration Proceeding. It is a procedure in which a dispute is submitted,

by agreement of the parties, to one or more arbitrators in the persons of the “lupon or
pangkat” who make a binding decision on the dispute. In choosing arbitration, the parties
opt for the service of barangay justice system with regard to the dispute resolution
procedure instead of going to court.

D. Amicable Settlement. It is compromise or an agreement between two or

more persons within the adversarial system at the barangay level to amicably settle their
dispute. It is a settlement of a disputed claim by mutual concession to avoid a lawsuit.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

The word compromise contemplates a mutuality of concessions for the purpose of the
termination of litigation.

E. Restorative Justice. It is an approach to justice that focuses on the needs

of the victims and the offenders, as well as the involved community. This contrasts to
more punitive approaches where the main aim is to punish the offender, or satisfy abstract
legal principles, and that is inherent with the traditional criminal justice system.

VII. DEFINITION OF TERMS:

For purposes of clear understanding, the following terms were given operational
meaning:

Adversarial Parties. This refers to the community-members, who is either the

respondents or complainant of disputes filed at the barangay justice system for possible
mediation or conciliation conference to be initiated by the latter.

Barangay Justice System. This s a local justice system in the country, and it is
operated by the smallest of the local government units, the barangay, and is overseen by
the barangay captain, the highest elected official of the barangay and its executive.

Criminal Justice System. It is the anti-crime machinery, which the Philippine

Society uses in the prevention and control of the crime. It is a group of agencies or
legislators responsible in the adjudication of criminal laws, procedures, and evidence.
Degree of Problems Met. Refers to the internal and external constraints
encountered by the members of the barangay justice system in the disposal of the case
referred to their office by their constituents.

Endorsement of Cases. This refers to the process of referring the case filed by
the constituents to the proper court having jurisdiction over the case in dispute, if the
adversarial parties have not reached a consensus of settling their disputes within the
period prescribed by the law.

Extent of Responsiveness. Refer to the level of competency and efficiency

exercised by the barangay justice system through the lupon and pangkat towards meeting
the demands imposed upon them by the barangay justice law, particularly in the disposal
of case referred to them.

Indifference of Clients. This refers to the display of negative attitude display by

the general public relatively with the performance of the mandated powers and functions
of the barangay justice system, particularly with regard to the process of disposing

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

complaints and resolving disputes referred by the adversarial parties at the instance of
the pangkat ng tagapagkasundo or lupon ng tagapamayapa.

Inter-Agency Cooperation. This refers to the rapport and cooperation made by

the different concerned local agency towards developing orchestrated effort in making the
barangay justice system truly institutional and operational within the barangay level with
regard to the disposal of minor cases filed by the constituents.

Mediation Conferences. As used in barangay justice system, is a form

of alternative dispute resolution, or a way of resolving disputes between two or
more parties with concrete effects as being spearheaded by the “pangkat ng
tagapagkasundo” or “lupon ng tagapamayapa,” tasked to do mediation or conciliation
proceedings to reached a consensus between the parties.

Organizational Resources. This refers to the human and material resources at

the disposal of the barangay justice system in the performance of their mandated powers
and functions, relatively with resolving the disputes the general public has brought to their
attention for mediation, conciliation or adjudication.

Proposed Procedures. This refers to the method of action serving as the standard
guidelines to be followed by the members of the barangay justice system towards the
effective disposal of the case referred to them by the constituents.

Satisfaction of Clients. Refers to the degree of approval made by the general

public the way how the barangay justice system performs their mandated powers and
functions, specifically in the disposal of cases filed within the “lupon or pangkat” that will
both serve interest of the adversarial parties involved in the system, and which often than
not the public availing the said service provided at the barangay level gives them with a
positive approval rating.

Settlement of Disputes. A settlement dispute is an agreement between

adversarial parties, purposely to give an end to a disagreement or dispute without going
to a court of law, for example is by offering someone money, considerations or some
forms of service to the aggrieved party, as an outcome of mediation and conciliation.

Society-at-Large. Refers to the larger community wherein the community-

members reside in a given geographical area, commonly called as barangay, and headed
by a barangay captain, as the smallest unit of the government, and having a consensus
towards a common good and purpose, which thus benefitting the members of the said
society, wherein social cohesion and unity exist.

VIII. EXTENT OF RESPONSIVENESS:

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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

Hereunder is the present level of the extent of responsiveness of the barangay

justice system with regard to the following, and that is: settlement of disputes, satisfaction
of clients, and referral of cases, and which are all described, to wit:

A. Settlement of Disputes. The extent of responsiveness of the barangay

justice system as to settlement of disputes are responsive, based on the following
statements: ensuring a fair and honest disposition of cases involving constituents
irrespective of their affiliations; conducting an arbitration procedures that is harmonious
to the parties involved in the disputes; initiating mediation conferences on the time and
date and place conductive to both adversarial parties; observing the due process of law
relatively with the observance of the related proceedings of the system; and settling the
alleged disputes in a manner amicable to adversaries” without favoring either of the
parties.
B. Satisfaction of Clients. The extent of responsiveness of the barangay
justice system as to satisfaction of clients are responsive, based on the following
statements: providing both parties with an equal opportunity to present evidences
relatively with disputes in question; observing a process that ensures that rights and
interest of both parties involved in the disputes; disposing of disputes not repugnant to
the decency and established customs of the community-members; and accepting the
arbitrations made by the “lupon and pangkat” relatively with the disputes of adversaries.
However, promulgating decisions that are in conformity with the values and norms
existing within the community is only moderately responsive by the different groups of
respondents.

C. Referral of Cases. The extent of responsiveness of the barangay justice

system as to referral of cases are responsive, based on the following statements:
recording of the minor case referred to the attention of the “lupon and pangat” by the local
police; referral to the prosecutor’s office of any disputes not settled amicably within the
prescribed period; and referral to the prosecutor’s office of any disputes not settled
amicably within the prescribed period. However, the following problems statements, and
that is, endorsing of cases to other concerned agencies not falling under the original
jurisdiction of the barangay justice system, and attending the medical needs in cases of
domestic violence or other cases needing first aid treatment are only moderately
responsive.

IX. DEGREE OF PROBLEMS MET:

Hereunder is the present level of the degree of problems met in the barangay
justice system with regard to the following, and that is: organizational resources, inter-
agency coordination, and indifference of clients, and which are all described, to wit:

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

A. Organizational Resources. The degree of problems met in the barangay

justice system as to organizational resources are serious, based on the following
statements: unavailability of support staff to do the legwork of recording the process of
mediation and arbitration; lack of facilities to be used in the conduct of mediation
conferences that is conducive to all parties; insufficiency of the required equipment to
ensure a more effective procedural process during mediation; and incomplete number of
the members of “lupon and pangkat” serving as arbitrators to the disputes. However, non-
appropriation of funds to be utilized by the “lupon and pangkat” with the performance
functions is only moderately serious
B. Inter-Agency Coordination. The degree of problems met in the barangay
justice system as to inter-agency coordination are serious, based on the following
statements: non-involvement of the locality’s local government operations office relatively
with this undertaking; non-cooperation of other barangay councils on disputes when
parties involved are their constituents; and interference of the local government unit in the
performance of functions of the “lupon and pangkat.” However, the lack of supervision
from the court and prosecution in the process initiated by the “lupon and pangkat”; and
non-referral of the police on minor cases falling under the jurisdiction of the barangay
justice system moderately serious.

C. Indifference of Clients. The degree of problems met in the barangay

justice system as to indifference of clients is serious as regards to the pessimistic attitude
on the part of the complainants and respondents on the system and its process. However,
disobedience of the constituents on the mandated powers and functions of the “lupon and
pangkat;” influence peddling initiated by the adversarial parties affecting the disposition
of their disputes non-cooperation of the community-members to derailing the success of
the barangay justice system; and ignoring of the both parties in the service of summons
relatively with their respective cases are only moderately serious.

X. CONCILIATION PROCEDURE:

These proposed conciliation procedures shall be observed through the following

steps, and within the period of sixty (60), as prescribed by the “katarungang pambarangay
law.” Each of the steps is having its own duration day of completion to ensure that the
disputes are resolved within the period for the satisfaction of the constituent-clienteles.

The first step is the receipt of referral, and which is immediately followed by the
logging of complaint. From then on, the “lupon or pangkat” shall summon the parties and
require them to submit contradicting evidences. After the evidences have been received,
mediation conference shall commence through the conduct of arbitration, adjudication,
resolution, and promulgation.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

If the settlement of disputes have not been derived from the preceding process,
the disputes will be referred by the “lupon or pangkat” at the office of the public prosecutor,
with the certification to the effect that the parties involved have failed to arrive into a
mutual consensus of agreement. Therefore, the parties are still having two options, i.e.,
settlement or litigation at the more formal criminal justice system.

FLOWCHART OF BARANGAY JUSTICE

SYSTEM CONCILIATION
PROCEDURE

Receipt of Referral Promulgation

Logging of Complaint Resolution

Restorative Justice

Service of Summons Adjudication

Evidence Submission Arbitration

Mediation Conferences

Disputes Settlement Referral to Prosecutor

Conciliation of Parties
Co

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

However, in the proceedings spearheaded by the “lupon or pangkat,” the primary

option is the settlement of disputes at their own level, or if failed, the subsequent referral
to the concerned authorities within the criminal justice system, so as not to jeopardize the
interest and rights of the both parties involved in the adversarial system. Therefore, as a
guide the preceding proposed flowchart for use of the barangay justice system to enhance
the mediation conferences made by them:

The various activities as depicted in the above flowchart shall be observed in the
following period: receipt of referral and logging of complaint - one (1) day; service of
summon - one (1) day; evidence submission - ten (10) days; mediation conferences - ten
(10) days; arbitration - ten (10) days; adjudication - ten (10) days; resolution - ten (10)
days; and promulgation - five (4) days. The three (3) days each provision shall be also
given to disputes settlement and conciliation of parties.

If despite of the efforts exerted by the “lupon or pangkat,” purposely to amicably

settle the disputes in question, the case shall be referred to the public prosecutor’s office
or any administrative bodies, to take cognizance over the iissue for proper disposition.
This will be made with the advisement to parties of the implications it might produce an
as outcome over the issue.

XI. SECTOR REPRESENTATIONS:

In this proposed procedures to enhance the mediation conferences made by the

“lupon and pangkat,” the following sector representations are to be made available to
ensure equal representation by the different sectors within the system:

A. Agricultural Sector. This member will represent the agricultural sector, and
who is a person of known probity and integrity in his or her own field, and nominated by
the same sector he or she is representing, and to be appointed by the barangay captain,
with the consent of the “kagawad members” wherein the said “lupon or pangkat,” are
organized within the system.

B. Religious Sector. This member, probably must be a layman minister or

from the parish pastoral council, and who is a person of known probity and integrity, and
shall be the automatic representative of the said sector, and to be appointed by the
barangay captain, with the consent of the “kagawad members” wherein the said “lupon
or pangkat,” are created and established for the said purpose.
C. Socio-Civic Sector. This member is a known community leader in the
same barangay, and who is a person of known probity and integrity in his or her own field,
and nominated by the same sector he or she is representing, and to be appointed by the

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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

barangay captain, with the consent of the “kagawad members” wherein the said “lupon
or pangkat,” are established for the purpose.

D. Professional Sector. This member must preferably from the academe, and
who is a person of known probity and integrity in his or her own field, nominated by the
same sector he or she is representing, and to be appointed by the barangay captain, with
the consent of the “kagawad members” wherein the said “lupon or pangkat,” are
established for the purpose.

E. Student and Youth Sector. The student and youth sector must be also
given a seat in the “lupon or pangkat,” preferably the head of the student council, and to
be appointed by the barangay captain, with the consent of the “kagawad members,”
purposely for them to have active participation and involvement in the internal affairs of
the society, they represent.

XII. COORDINATING INSTRUCTIONS:

The following are the coordinating instructions to ensure the smooth flow of the
implementation of this proposed procedure to enhance the mediation conferences within
the system:

A. Lateral Coordination. Lateral coordination is enjoined, not only within the

members of the “lupon and pangkat,” but also to the other pillars of the more formal
criminal justice system, including other local government agencies, purposely to ensure
the smooth flow of the operations of the barangay justice system.

B. Norms and Standards. The existing cultures and traditions serving as

parameter on the norms and standards of the community-members shall be strictly
observed as the basic foundation in any proceedings to be undertaken by the “lupon and
pangkat” in handling any disputes involving the constituent-clienteles within the system.

C. Closed-Door Discussion. With regard making of decision pertaining to a

given disputes referred or complaint made by the constituent-clienteles; the same must
observed by the members of the “lupon and pangkat” in a closed-door sessions,
purposely to avoid public disclosure and compromise with the both parties involved in
disputes.

D. Avoidance of Biases. This must be given utmost attention due to the fact
that biases, impliedly and explicitly can derailed the responsiveness of the barangay
justice system, which thus, in turn losing the trust and confidence of the community-
members to the purposes and objectives of the “katarungang pambarangay law.”

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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

E. Majority Decision. Similar with the other major decision making process in
the spearheading the spirit of the Latin maxims’ “los populi est suprema lex,” coupled with
“sonum-bonun.” Majority decision shall prevail over minority; hence, relatively with this
each of the members of the “lupon and pangkat” must be given opportunity to make
concurring or dissenting opinions.

XIII. MISCELLANEOUS CONCERNS:

The following are the additional miscellaneous concerns to be observed by the

“lupon and pangkat” for a fair and equal proceedings during mediation conferences with
the both parties in the adversarial system.

A. Inhibitions of Members. Members of the “lupon or pangkat” who happens

to be a relative within the fourth civil degree by affinity or consanguinity of either of the
parties involved in the disputes within the barangay justice system shall automatically
inhibit themselves from any proceedings. Vacancy shall be filled-up by ex-officio kagawad
members duly appointed by the chairperson.

B. Summary Proceedings. The proceedings to be undertaken by the

members of the “lupon and pangkat” shall be summary in e ; hence, the strict observance
on the rules on evidence is not anymore required prior to the resolution of the case.
However, what is important is that “due process of law” clause must be always be
observed.

C. Public Arbitration. The proceedings of the any disputes to be made by the

“lupon or pangkat” must be publicly made, except in cases where privacy is required to
protect the integrity and decency of the both parties. Such closed-door mediation
conferences must be observed in accordance with the existing traditions and customs,
and norms and standards observed by the people as unwritten law within the society

D. Party’s Representation. Each of the parties within the adversarial system

of the barangay justice system must be represented by members of the “lupon or pangkat”
so designated by the chairperson, purposely the rights and interest of both the
complainant and respondents are always being observed throughout the procedures
within the system.

E. Required Quorum. Fifty percent (50%), plus one from the total numbers of
“lupon or pangkat,” as provided by the “katarungang pambarangay law” constitutes a
quorum, and shall push-through the scheduled mediation conferences, purposely not to
prejudice the rights and interests of the parties. Provided, however, that all the members
of the “lupon and pangkat” are duly notified, and such notification are properly recorded
for reference purpose.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

XIV. RESOURCE REQUIREMENTS:

Aside from the required numbers of “lupon and pangkat,” as provided by the
provisions of RA No. 7160, the following are the additional human resources
requirements, to fully serve its purpose and objectives:

A. Process Server. This will serve the summons issued by the “lupon or
pangkat,” address to the parties in disputes requiring them to attend with the scheduled
mediation conferences in the specified time and date as enface therein, with information
that failure on either parties shall constraints waiver on their part to submit corroborating
or contradicting evidences, favoring either of them.

B. Secretariat. This will be personally responsible in scheduling all the

process in the administration of the barangay justice system, and which shall involve the
informing the “lupon and pangkat” of the scheduled mediation conferences, and other
related proceedings, and this also include the preparation of the venue to be used in the
said process.

C. Process Recorder. This will record all the proceedings, including the
questions and answers to be made by all the parties in the administration of the barangay
justice system. In doing so, as much as possible a tape recorder must be available at the
disposal of the subject person, and the transcribing of verbal recording the process in
hard copies.

D. Records Clerk. This will take charge with the recording of all the process
including the safekeeping of case folders, and making this documents available in the
required copies to be used by the “pangkat and lupon,” during the scheduled mediation
conferences. This also involved the maintenance of log book to be used as a tool in
receiving and making referrals of complaints within the system.
E. Peace-Keepers. These are persons responsible in ensuring order during
the mediation conferences initiated by the “lupon or pangkat.” This shall be headed by
the executive-officer, who will take charge of the orderliness and peacefulness of the
proceedings, as so ordered by the chairperson, most likely if the both parties are carried
by their sentiments and emotions.

XV. EFFECTIVITY:

This proposed procedure, purposely to enhance the mediation conferences to be

spearheaded by the barangay justice system will take effect upon approval of the
concerned local chief executive.

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 An Assessment of the Barangay Justice System in Hagonoy, Bulacan: Basis for
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Jocelyn B. Benter
Faculty, Bulacan State University
[email protected]

MS. JOCELYN B. BENTER

(Proponent)

Approved: March 31, 2016.

HON. RAULITO T. MANLAPAZ, SR.

Municipal Mayor
Hagonoy, Bulacan

Electronic copy available at: https://ssrn.com/abstract=3684191