CLJ 1 - LESSON 11

FIFTH PILLAR: COMMUNITY

Role of the Community as the fifth pillar of the Criminal Justice System
The community is understood to mean as “elements that are mobilized and energized to help
authorities in effectively addressing the law and order concern of the citizenry.”

The relationship of the community with the Law Enforcement Pillar

As one of the pillars or components of the Criminal Justice system, the community with its massive
membership has vital responsibilities in law enforcement.
The community relies upon the police to “serve and protect” and the police, in return, rely upon
community support and cooperation in order to be effective.

The citizens can achieve these roles:

(a) identifying offenders;
(b) giving data about the illegal activities and cohorts of the criminals, and the proliferation of organized
crimes and syndicates;
(c) volunteering as witnesses;
(d) Adopting precautionary and remedial measures to diminish crime.

As had been pointed out, crime prevention is not the sole responsibility of the police
but is equally the concern of every citizen in order to have a peaceful place to live in.

The relationship of the community with the Prosecution Pillar

In criminal cases, it is the prosecutor that represents the states. So in effect, the prosecutor is
representing the members of the community of the country. The community is leaning on the premise that
the prosecutor would be fighting not just for the rights of the offended party violated, but for the rights of
the entire members of the community as a whole.

The relationship of the community with the Court Pillar

The court is the organ of the government with the function of interpreting laws with the end of
administering justice. The community depends on the courts to ensure that justice is served. The court, in the
performance of its function in a criminal proceeding, must ensure that only the guilty are punished and the
innocent set free.

The relationship of the community with the Correction Pillar

Non-institutional corrections are also called community-based correction precisely because it is being
done in the community. Parolees and probationers need acceptance and trust of the people in the community
so that he can be restored as a useful and productive member of the community in which he lives in.

THE BARANGAY
The term barangay originated from the Malay term, balangay, which literally means sailboat.

In the present time, a barangay is headed by an elected official called Barangay Chairman or Punong
Barangay, who is aided by Sangguniang Barangay members called Barangay Councilor or Barangay
Kagawad. A barangay tanod, on the other hand, performs policing functions within the barangay. Aside from
its administrative and law enforcement functions as a local government unit, it is also responsible for the
implementation of the Katarungang Pambarangay.

Brief History of Katarungang Pambarangay (Village Justice)

PD 1293 – the law “CREATING A KATARUNGANG PAMBARANGAY COMMISSION TO STUDY

THE FEASIBILITY OF RESOLVING DISPUTES AT THE BARANGAY LEVEL

- promulgated on 27 January 1978

PD 1508 – the law “ESTABLISHING A SYSTEM OF AMICABLY SETTLING DISPUTES AT THE

BARANGAY LEVEL
RA 7160 – otherwise known as the “LOCAL GOVERNMENT CODE OF 1991

- provides for the REVISED KATARUNGANG PAMBARANGAY LAW

- Enacted on 10 October 1991

KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE)

It promotes and implements the amicable settlement of disputes at the barangay level before resorting
to filing of cases in court.
For cases that are covered by the Katarungang Pambarangay, it is compulsory for the parties to go
through the mediation and/or conciliation proceedings before going to court.
Failure to do so would mean the dismissal of the parties’ claim or counterclaim.

MEDIATION OR CONCILIATION – the process whereby disputants are persuaded by the Punong
Barangay or Pangkat to amicably settle their disputes

EXCEPTIONS
● Where one party is the government, or any subdivision or instrumentality thereof
● Where one party is a public officer or employee, and the dispute relates to the performance of his
official functions

● Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Php 5,000

● Offenses where there is no private offended party.

● Where the dispute involves real properties located in different cities or municipalities

● Dispute involving parties who actually reside in barangays of different cities/municipalities

● Dispute that need urgent legal action

● Where the accused is under detention

● Where a person has otherwise been deprived of personal liberty calling for habeas corpus proceeding

● Where actions are coupled with provisional remedies such as preliminary injunction, attachment,
delivery of personal property and support pendente lite and;

● Where the action may otherwise be barred by the statute of limitations.

LUPONG TAGAPAMAYAPA
- It is a body of men created to settle disputes within the barangay level. It is also referred to as the
LUPON.
- The Lupon shall be composed of the Barangay Chairman as Chairman of the Lupon and the Barangay
Secretary as the Secretary of the Lupon, plus other members who shall be not less than ten (10) but not
more than twenty (20).
- Any resident of the barangay of reputable character may be appointed as member of the Lupon. Members
of the Lupon shall be appointed by the Barangay Chairman.
- The Lupon shall be constituted every three years.
- A Lupon member shall serve for a period of three years.
- Essentially, the Lupon must provide a forum for matters relevant to the amicable settlement of disputes
for the speedy resolution of disputes.

PANGKAT TAGAPAGKASUNDO
- It shall act as the conciliation panel. It is also referred to as the PANGKAT.
- It shall be composed of three (3) members chosen from the members of the Lupon. They shall choose
from among the three of them the Pangkat Chairman and Pangkat Secretary.
- The Pangkat shall be constituted whenever a dispute is brought before the Lupon.
- The members of the Pangkat shall be chosen by the parties of the dispute from among the Lupon
members. In case of disagreement, the Barangay Chairman shall draw lots.
What matters fall under the jurisdiction of the Lupon?
a. those involving offenses that are punishable by the imprisonment of one year and
below, or a fine in the amount of five thousand pesos and below;
b. those involving parties that actually reside or work in the same barangay;
c. those involving marital and family disputes;
d. those involving minor disputes between neighbors;
e. those involving real properties located in the barangay;

VENUE FOR AMICABLE SETTLEMENT

- Disputes between persons actually residing in the same barangay shall be brought for amicable
settlement before the Lupon of said barangay;
- those involving actual residents of different barangays within the same city or municipality shall
be brought in the barangay where the respondent actually resides;
- all disputes involving real property or any interest shall be brought in the barangay where the real
property or the larger portion is situated;
- 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.
PROCEDURE FOR AMICABLE SETTLEMENT
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.

COMPLAINANT – the person who filed the complaint against the respondent
RESPONDENT – the person who is being complained of

Consequences of Failure to Appear

 ● Complainant- dismissal of complaint, barred from filing case in court, indirect contempt.
● Respondent- dismissal of counterclaim, barred from filing case in court, indirect contempt. The
case will also refer to the Pangkat.

CAUSE OF ACTION – an act or omission of one party in violation of the legal rights of another for which
the latter suffers damage which affords a party to a right to judicial intervention

FAILURE TO REACH A SETTLEMENT (LUPON)

1. Constitution of Pangkat Tagapamayapa
2. Conciliation Proper (15 days, extendible for 15 more days)
3. Failure to appear; Pangkat chairman shall set a date for the absent party/ parties to appear before him
to explain reason for his/her absence
4. Successful conciliation; drafting and execution of written settlement agreement
5. Failure; issuance of Certificate to File Action

Certificate to File Action

● A Certification to File Action shall be filed up, attesting that no conciliation or settlement has been
reached as certified by the Pangkat Secretary and signed by the Pangkat Chairman.
● It shall be submitted to the corresponding court or government office for the filling of the appropriate
case.