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Chapter 1
Introduction
Barangay justice system has its roots during the time where the barangay
was ruled by a Datu as he acted as the judge that renders decision when there is
three divisions namely the Executive, the Legislative and the Judiciary. The
immediately. As a result, the dockets of our courts are clogged with pending
cases.
established through the enactment of Presidential Decree No. 1508, aims to de-
clogged the judiciary from cases that may be subject to amicable settlement. It is
a barangay justice system which offers accessible, fast and inexpensive way of
settling disputes.By the passage of the Local Government Code of 1991, the
distric of Laguna
government for its constituents. It must be accessible to everyone seeking for it.
As the most basic political unit, the barangay is the first in the hierarchy in the
“Section 399.LupongTagapamayapa. -
(a) There is hereby created in each barangay a lupongtagapamayapa,
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.”
(c) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.”
The law now mandates the municipality for the effective and efficient
the KatarungangPambarangay carry out their functions and at the same time
necessary in order to provide inputs for the government process and policy
improvement.
and Santa Maria all in the fourth district of Laguna so as to provide inputs for
policy enhancement.
Theoretical framework
Common law jurisdictions), but the idea of procedural justice can also be applied
barangay level.
Conceptual Framework
paradigm.
IV DV
Implementation of KatarungangPambarangay
1.1. Age
1.2. Gender
2.5. Execution?
to:
LupongTagapamayapa as to:
as to:
Definition of Terms.
The following terms are defined operationally in order to give the readers a
KatarungangPambarangay.
LupongTagapamayapa members.
complaints in theKatarungangPambarangay.
Chapter 2
This chapter presents the studies and works that are related to the present
study.
immediate action and result. The amicable settlement and arbitration awards in
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
Alangwai (1996) 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
support from the municipal level, was effectively carried out in the barangays of
Monte Vista.
possible where the places of hearing is accessible to the parties, the schedule is
convenient, the punong barangay/ pangkat are accorded with respect, and
Reyes (1995) further stated that, mistrust, failure to study issues, delay in
setting cases for hearing and failure to make speedy settlement of cases are
those factors are seldom obstructive. Thus, the presence of those factors would
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
the municipality of Barobo, Surigao Del Sur reveals that litigants' (both
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 from cases
(http://www.mysmartschools.ph/web/lupongtagapamayapa/focus5/f5.htm)
12
Miguel (2004) 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.
compared to those from the higher economic classes. This particularly confirms
the importance of the system to vulnerable groups. Most of those who are
satisfied with the system indicated case settlement as their primary reason.
In contrast to the general public, lawyers are less satisfied with the KP
based on SWS survey results in 1995-1996. For instance, net satisfaction ratings
from lawyers is -16 in National Capital Region, -23 in Pangasinan, -5 in Cebu and
+12 in Davao. During the same survey, net satisfaction rating from judges is even
lower, i.e., -53. Results of SWS surveys in subsequent years, however, showed
that there was a strong preference among residents to settle their disputes
The different studies cited were reflection of the varied level of satisfaction
present study for purposes of comparing the satisfaction level of the clients of
Laguna.
13
The 2009 national summary report from the DILG Bureau of Local
total 6,187,681 reported cases filed before the Lupons all over the country from
1980-2008, 79% or 4,873,311 cases were settled at the barangay level. Only 6%
of the total or 369,108 cases were certified for filing before judicial courts. The
The members of the Barangay believe that the Barangay Justice System
has the capability of resolving conflicts and is effective, thus discouraging them
“Section 412.Conciliation. -
(a) Pre-condition to Filing of Complaint in Court. - No complaint,
petition, action, or proceeding involving any matter within the
authority of the lupon shall be filed or instituted directly in court or
any other government office for adjudication, unless there has been
a confrontation between the parties before the lupon chairman or
the pangkat, and that no conciliation or settlement has been
reached as certified by the lupon secretary or pangkat secretary as
attested to by the lupon or pangkat chairman or unless the
settlement has been repudiated by the parties thereto.”
complainant and respondent to appear before the Lupon Chairman for mediation
The abo-cited literatures are relevant to the present study as it present the
procedure before a complainant may go to court for those cases covered by the
KatarungangPambarangay.
14
Demographic Profile
Age
Several studies have been conducted to determine the relation of age with
Uri as cited by Isles(2003) considers that the older the teacher and the
longer her experience the greater the probability of improving her competence
The study of Mendinueto as cited by Luna (2004) had the same findings
as that of Uri where it revealed that the older the administrator, the more likely his
physical health deteriorates. But as a person grows older his experiences also
young teacher but because of his accumulated knowledge and tested experience
by Luna (2004) observed that the younger the principal, the greater is his score
traits of teachers and their level of environmental concerns revealed that age
of personality traits; nor this variable was a predictor of the teachers’ level of
(http://www.thesisabstracts.com/ThesisAbstract_494_Personality-Traits-Of-
Teachers-And-Level--Of-Environmental-Concerns--.html)
The cited literatures have bearings in the present study in the sense that
Gender
Depending on the context, the term may refer to such concepts as sex (as in the
general state of being male or female), social roles (as in gender roles) or gender
identity. (http://en.wikipedia.org/wiki/Gender)
of personality traits; nor these variables were predictors of the teachers’ level of
(http://www.thesisabstracts.com/ThesisAbstract_494_Personality-Traits-Of-
Teachers-And-Level--Of-Environmental-Concerns--.html)
Frontier Pakistan it was found out that no significant relationships exist between
(http://www.thesisabstracts.com/ThesisAbstract_373_Relationship-among-
Qualifications-Experience-Gender-Professional-Attitudes-and-Performance-of-
Directors-of-Physical-Education-in-Administration-of-Sports-Activities-in-
Government-Colleges.html)
planning process.
related and cognitive competencies and attributes, while the few areas which
respective barangays.
Educational Attainment
master’s units, with master’s degree, with doctorate units, or doctoral degree.
personnel management.
attainment on performance.
(http://www.eisrjc.com/documents/College_Of_Teacher_Education_1325748358.
pdf).
Seminar/Trainings Attended
develop and enhance such skills in order to carry out their duties and functions to
the DILG and the Local Government endeavors to provide the necessary training
for the Lupon members as the Local Government Code stated in in Section 421.
mediations. The Punong Barangay is the one requesting to hold the training, as
per the need of the barangay and availability of budget. (Codamon, 2011).
barangays. This is because of the knowledge the respondents have learned from
the training, along with the skills they have acquired and eventually developed,
same findings as that of the above and revealed that attendance and
(c) KP Laws
LuponChairman/Member/Secretary.
20
Length of Service
The study by Shanker, as cited by Juacalla (2007) revealed that the length
cases wherein if the individual stays longer in the service, the more he becomes
Compliance to procedures
21
In order to give meaning to the substance of the law, proper procedures must be
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.”
Section 409 of the Local Government Code provides ofr the venue where
allowed the complainant to raise his case in the proper court and ruled that he
summon, the Supreme Court ruled that the Lupon Chairman may issue a
Barangay Justice Law procedures and technique and cooperation did not affect
their roles and duties and also lack of knowledge in implementing the Barangay
Justice Law.
“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.”
Conciliation/Mediation
incompetents who may be assisted by their next-of-kin who are not lawyers. It is
25
The conduct of hearing is informal but orderly. Rule VI, Sec.5 of the
“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 witnesses and substance of
their testimonies, objections and resolutions, and such other matters as
will be helpful to a full understanding of the case.”
26
Chapter 3
RESEARCH METHODOLOGY
This chapter presents the research methodology and instruments that will
Research Design
this method are to describe the nature and situation as it exists at the time of the
study and to explore the causes of particular phenomena (Travers, 1978). The
Documentary analysis will also be used in this study to analyze the reports
every member of the population has an equal chance of inclusion in the sample.
It is also the aim of the researchers to reach all or almost all of the members of
Research Instrument
instrument. There are two sets survey questionnaires. One for the members of
First part of set 1 is for the demographic profile of the members of the
The second set of questionnaires which is divided into three parts will be
First part of set 1 is for the demographic profile of the clients of the
Pangkat ng Tagapagkasundo.
The third part of the questionnaire will cover the perception of the clients
from the report of the barangay secretary or the report submitted to the Municipal
The Likert’s Scale model will be used to measure numerically the verbal
Research Procedure
The data gathering will be done personally by the researchers with the
help and assistance of the different barangay councils of the Siniloan, Laguna.
The researchers will seek the help of the professors of Laguna State
Polytechnic University especially Dr. LucitaSubillaga and the thesis advisers for
the questionnaires are done, it will be subject to pre-testing before it will be used
Statistical Treatment
percentage, frequency counts, ranking and the mean shall be determined. T-test
30
Chapter 4
This Chapter presents the tabulated data with statistical analysis of data
gathered with the corresponding interpretation of results based in the order in the
The presentation of the findings follow the sequence of the major topics
set in the problems of the study namely: Demographic profile of the members of
seminars and trainings attended and years in service; next by the level of
Tagapamayapa.
5, 6%
9, 10%
46 percent of them are 51-60 years old, 32 or 38 percent 41-50 years old, the
age group from 31-40 years old is 9 or 10 percent while only 5 or 6 percent of the
Based on the data analyzed, it revealed that most of the members of the
percent.
33
39, 36%
Female
69, 64%
Male
It can be gleaned from the figure below that more than 2/3 or 69.64 % of
the members of the Lupong Tagamapaya are male, while 39.36% are female.
This shows that more than two third of the members of the Lupong Tagapamaya
11, 13% 8, 9%
finished elementary level. The data revealed that most members of the Lupong
It can be seen from the figure that 34 or 40% of the members of the
the Katarungang Pambarangay Law, 29 or 34% have attended two training while
15, 17%
38, 45%
Ten years to 15 years
Five years to 9 years
32, 38%
Less than 5 years
the Lupon, 32 or 38% have five (5) to nine (9) years of experience while only 15
Lupon.
37
1. The Lupong Tagapamaya receives the complaints in writing 4.27 .70 Most of the Time
or orally from individual who has a cause of action against
another individual in accordance with the Katarungang
Pambarangay Law.
2. The Lupong Tagapamayapa receives complaint from any 3.99 .73 Most of the Time
individual who has a cause of action against another
individual upon payment of appropriate fee.
3. The Lupong Tagapamayapa receives only complaints 4.21 .73 Most of the Time
cognizable by the Lupon based on RA 7160.
4. The Lupong Tagamapayapa sees to it that the complaint is 4.2 .69 Most of the Time
within its area of jurisdiction.
5. The Lupong Tagapmayapa sees to it that the complaint is 4.41 .68 Most of the Time
covered by the KP Law.
It can be gleaned from Table 1 that the Lupong Tagapamayapa complied with
Table 1
summons and the questions received an average mean of 4.22 with a verbal
Table 2
1. The Lupon issues summons in accordance with KP rules 4.29 .69 Most of the Time
2. The Lupon Chairman issues summons to the respondent 4.07 .70 Most of the Time
one day after proper receipt of complaint to appear before
him for a mediation of their conflicting interests.
3. The Lupon Chairman issues notice to the complainant and 4.09 .74 Most of the Time
his/her witnesses one day after proper receipt of complaint
to appear before him for a mediation of their conflicting
interests..
4. The Pangkat ng Tagapagkasundo issues summons to the 4.22 .71 Most of the Time
respondent one day after proper receipt of complaint to
appear before him for a conciliation of their conflicting
interests.
5. The Pangkat ng Tagapagkasundo issues notice to the 4.42 .70 Most of the Time
complainant and his/her witnesses one day after proper
receipt of complaint to appear before him for a conciliation
of their conflicting interests..
39
Table 3
Terms of Conciliation
Concillation x SD Remarks
1. The Lupon Chairman exerts all effort to conciliate the 4.38 .72 Most of the Time
opposing parties.
2. The Lupon Chairman constitutes the Pangkat ng 3.6 1.35 Most of the Time
Tagapagkasundo if he/she failed in his conciliation
efforts.
3. The Pangkat ng Tagapagkasundo hears both parties and 4.16 .86 Most of the Time
their witnesses, simplify issues, and explore all
possibilities for amicable settlement
4. The Pangkat arrives at a settlement or resolution of the 4.25 .58 Most of the Time
dispute within fifteen (15) days from the day it
convenes in accordance with KP law.
5. All proceedings for settlement are open to the public 4.4 .74 Most of the Time
and informal
Table 4
1. All settlement and awards of Katarungang Pambarangay are 4.33 .59 Most of the Time
in writing.
2. The settlement and awards are written in language known to 4.35 .67 Most of the Time
both parties.
3. All parties to a dispute sign the settlement and awards. 4.32 .64 Most of the Time
4. All settlement and awards are attested to by the Lupon 4.28 .57 Most of the Time
Chairman.
5. The amicable settlement and arbitration award have the 4.42 .68 Most of the Time
force and effect of a final judgment of a court upon the
expiration of ten (10) days from the date thereof
Table 5
Terms of Execution
Execution x SD Remarks
1. To execute the settlement awards of the disputants first file 4.38 .58 Most of the
for motion for execution with the Barangay Chairman. Time
2. The Barangay Chairman conducts hearing on the date 4.31 .60 Most of the
assigned by the movant which shall be not later than 5 days Time
from filing of motion.
3. The Barangay Chairman ascertains the facts for non- 4.26 .62 Most of the
compliance of settlement and strongly encourages the Time
party obliged to comply with the settlement.
4. The Barangay Chairman issues Notice of Execution after the 4.2 .63 Most of the
lapse of five (5) days with no voluntary compliance. Time
5. After the lapse of such time, the settlement may be 4.38 .76 Most of the
enforced by action in the appropriate city or municipal Time
court.
settlement of disputes is moderately effective in all the five areas and it received
Effectuive.
Table 6
katarungang pambarangay and the questions in all the aspects relating thereto
Satisfied.
Table 7
1. The level of satisfaction of clients in the way the 4.06 .77 Moderately
Katarungang Pambarangay receives complaints and Satisfied
issues summons to its clients.
4. The Level of satisfaction in the settlement and award 4.10 .61 Moderately
in a dispute filed in the Katarungang Pambarangay. Satisfied
Pambarangay.
the figure below that out of 341 cases or complaints filed in the Katarungang
Pambarangay, 306 cases were resolved and only were indorsed to the court.
34, 5%
341, 50%
No. of Cases Filed
307, 45%
Resolved/Settled
Endorsed to Court
Table 8.
Significant Effect of Implementation of Katarungang Pambarangay in
Terms of Demographic Profile on the Performance of the Members of the
Lupong Tagapamayapa.
The results suggest that age has no significant effect on the level of
Disputes. As can be seen from the table, the computed t value = 1.32 is higher
that the probability value of 0.189 with 163 degrees of freedom at .05 level of
significance.
gleaned from the table above, the computed t-value of .69 is higher that the
significant effect. The table shows that the computed t vali\ue = 3.54 is higher
The results suggest that gender has significant effect on the level of
Disputes. The tabl;e shows that the computed t value = -38.53 is lower than the
significance.
gleaned from the table above, the computed t-value of -40.25 is lower than the
no a significant effect. The table shows that the computed t vali\ue = -2.37 is
Settlement of Disputes. The tabl;e shows that the computed t value = -12.88 is
lower than the probability value of 0.000 with 163 degrees of freedom at .05
level of significance.
47
effect. As can be gleaned from the table above, the computed t-value of -13.67 is
attainment has no a significant effect. The table shows that the computed t
terms of Effective Settlement of Disputes. The table shows that the computed t
value = -12.89 is lower than the probability value of 0.000 with 163 degrees of
be gleaned from the table above, the computed t-value of -13.44 is lower than
significant effect. The table shows that the computed t valiue = -.38 is lower than
Settlement of Disputes. The tabl;e shows that the computed t value = -23.12 is
48
lower than the probability value of 0.000 with 163 degrees of freedom at .05
level of significance.
gleaned from the table above, the computed t-value of -24.07 is lower than the
significant effect. The table shows that the computed t valiue = -1.30 is lower
Pambarangay.
Table 9
Significant Effect of Compliance to the Procedure of the Lupong
Tagapamayapa on thePerformance of the Members Katarungang
Pambarangay
Performannce Compliance to procedure
of Receiving of Issuance of Conciliation Settlement and Execution
COmplaints Summons Awards
Katarungang Comp. p- Comp. p- Comp. p- Comp. p- Comp. p-
Pambarangay t-value value t-value value t-value value t-value value t-value value
p<.05 p<.05 p<.05 p<.05 p<.05
Effective
Settelemet of 1.56 0.121 1.58 0.116 0.83 0.408 3.38 .001 2.81 .006
Dispute
Satisfaction of
0.71 .478 0.75 .453 0.000 .996 2.47 .015 1.92 .057
Clients
Indorsement of
Unsettled Cases 3.54 .024 3.55 0.24 3.42 .027 3.79 .019 3.72 .021
to court
49
Settlement of Disputes. The table shows that the computed t value = 1.56 is
higher than the probability value of 0.121with 163 degrees of freedom at .05
level of significance.
significant effect. As can be gleaned from the table above, the computed t-value
significant effect. The table shows that the computed t vali\ue = 3.54 is higher
Settlement of Disputes. The table shows that the computed t value = 1.58 is
higher than the probability value of 0.116 with 163 degrees of freedom at .05
level of significance.
can be gleaned from the table above, the computed t-value of 0.75 is higher than
significant effect. The table shows that the computed t vali\ue = 3.55 is higher
The table shows that, conciliation has no significant effect on the level of
Disputes. The table shows that the computed t value = 0.83 is higher than the
significance.
be seen from the table above, the computed t-value of 0.000 is lower than the
significant effect. The table shows that the computed t vali\ue = 3.42 is higher
The results show that, settlement and awards has significant effect on the
Settlement of Disputes. The table shows that the computed t value = 3.38 is
51
higher than the probability value of 0..001 with 163 degrees of freedom at .05
level of significance.
be gleaned from the table above, the computed t-value of 2.47 is higher than the
effect. The table shows that the computed t vali\ue = 3.79 is higher than the
Disputes. The table shows that the computed t value = 2.81 is higher than the
significance.
be gleaned from the table above, the computed t-value of 1.92 is higher than the
effect. The table shows that the computed t vali\ue = 3.72 is higher than the
Chapter 5
Summary
1.1. Age
1.2. Gender
2.5. Execution
to:
LupongTagapamayapa as to:
as to:
which involved collection of data in order to come up with the answers to the
54
terms. These literatures and studies were researches and publications as well as
The resaerchers used the survey questionnaire as the main tool in data
First part of set 1 is for the demographic profile of the members of the
The second set of questionnaires which is divided into three parts will be
First part of set 1 is for the demographic profile of the clients of the
Pangkat ng Tagapagkasundo.
55
The third part of the questionnaire will cover the perception of the clients
from the report of the barangay secretary or the report submitted to the Municipal
Siniloan, Famy, Mabitac and Santa Maria, all in the fourt district of Laguna.
Conclusions
1. The Lupong Tagapamayapa most of the time complied with the procedure of
procedures.
and the clients are moderately satisfied with the way the Lupong
tagamapayapa handles their complaint and there are only few unsettled
effect.
of disputes.
courts.
Recommendations
1. Since the Barangay Chairman has the appointing power for the members of
and the members of the Lupong Tagapamayapa must attend trainings and