Scribd Logo
Upload

Welcome to Scribd!

  • 54 views

    Research

    Uploaded by

    Miriam Manuel

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Research

    Uploaded by

    Miriam Manuel
    54 views8 pages

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    54 views8 pages

    Research

    Uploaded by

    Miriam Manuel

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 8

    UNIVERSITY OF CAGAYAN VALLEY

    TUGUEGARAO CITY

    Giving Peace a Chance:

    Performance of Katarungang Pambarangay in Settling Disputes and Its


    Impacts to the Community of Barangay Dugayung, Amulung, Cagayan
    UNIVERSITY OF CAGAYAN VALLEY
    TUGUEGARAO CITY

    Chapter I

    THE PROBLEM AND ITS BACKROUND

    Introduction:

    The Katarungang Pambarangay or Barangay Justice System is a


    community-based dispute settlement mechanism that is administered by
    the basic political unit of the country, the barangay. As a community-
    based mechanism for dispute resolution, it covers disputes between
    members of the same community (generally, same city/municipality) and
    involves the Punong Barangay and other members of the communities (the
    Lupon members) as intermediaries (mediators, conciliators, and,
    sometimes, arbitrators).

    The establishment and operation of the Barangay Justice System is


    mandated by Republic Act No. 7160 or the Local Government Code of
    1991. Prior to this law, however, the establishment of the Barangay
    Justice System had been covered by Presidential Decree 1508 in 1978
    and Batas Pambansa Blg. 337 or the 1983 Local Government Code.

    These same objectives are stated in the Katarungang Pambarangay


    Rules that were promulgated by the Department of Justice on June 1,
    1992, pursuant to the mandate of the Local Government Code. These
    rules serve as the implementing rules for the provisions of the Local
    Government Code on the establishment, administration, and operation of
    the Barangay Justice System.

    Republic Act 7160, otherwise known as the 1991 Local Government


    Code, gives barangays the mandate to enforce peace and order and
    provide support for the effective enforcement of human rights and
    justice. Decentralization has facilitated the recognition of the
    Katarungang Pambarangay or Barangay Justice System as an alternative
    venue for the resolution of disputes. The challenge facing local
    governments now is to maximize and harness the katarungang pambarangay
    as one of the most valuable mechanisms available in administering
    justice, advancing human rights protection and resolving and/or
    mediating conflict at the barangay level through non-adversarial
    means.

    Under the Barangay Justice System, the main strategy for settling
    disputes is to provide a venue for the disputing parties to search for
    a solution that is mutually acceptable. Hence, the primary role of the
    system is not to decide disputes and impose a solution on the parties
    but to assist the parties in discussing the possible amicable
    UNIVERSITY OF CAGAYAN VALLEY
    TUGUEGARAO CITY
    Settlement of their disputes. The Punong Barangay and the community
    conciliators (Lupon members) do not act as judges or adjudicators of
    disputes but as facilitators for the disputing parties’ discussion of
    possible solutions. For this reason, the personal appearance and
    participation of the disputing parties is necessary, while the non-
    appearance of the parties will have corresponding sanctions. Also
    because of the need for the disputing parties’ personal participation
    in the conciliation proceedings, disputes involving non-natural
    persons like corporations are not subject to the conciliation
    proceedings of the Barangay Justice System.

    Meanwhile, Republic Act No. 9285 or the Alternative Dispute


    Resolution Act of 2004 enacted by the Philippine Congress declares as
    a policy of the State to actively promote party autonomy in the
    resolution of disputes or the freedom of the parties to make their own
    arrangements to resolve their disputes (Sidiq & Hariyanto, 2019). It
    empowers the barangays to maintain peace and order and supports the
    effective enforcement of human rights and justice (Habiatan, 2019).

    Currently, all of us are facing a worldwide outbreak of COVID19


    pandemic disease which affects all government agencies and have a
    great contribution to helping each other overcome this infectious
    disease even Barangay has its own way of dealing with this kind of
    problem (Torneo et al., 2020). Katarungan pambarangay is an
    instrumental mechanism for building rural peace in a community; it was
    established as a means to notify courts of cases filed there. It is
    also a centuries-old tradition of resolving disputes between family
    and barangay members amicably at the barangay level without resorting
    to judicial resources (Guia & Mangubat, 2021).

    Conflicts are resolved when destructive behavior is reduced and


    hostile attitudes are reduced. Therefore, dispute management can be
    directed towards dispute resolution. Alternatively, you can turn to
    achieve more complex but lasting consequences of dispute resolution
    (Bercovitch, 2019). Disputes among communities are necessarily part of
    human conditions. The court’s role was to settle disputes concerning
    the two opposing parties’ rights and interests, suitability, and
    judgment.

    A better procedure for peaceful dispute resolution in the


    community through the barangay justice system is a breakthrough in the
    provision of judicial services in the community (Pagandian & Pasule,
    2019). People who have handled cases in the past have indicated that
    they are not interested in submitting the records or documents of the
    case process and resolution. However, these people, in particular the
    barangay officials, after attending courses in the barangay justice
    UNIVERSITY OF CAGAYAN VALLEY
    TUGUEGARAO CITY
    system training realized the shortcomings and be aware of this
    shortcoming (Guia, & Mangubat, 2021).

    The effectiveness of barangay officials in conciliation process


    as a practical way of delivering justice in barangay the effectiveness
    of barangay officials in conciliation process is as important any
    other community concerns (Agustin, Cruz, Medrano, & Sinco, 2018). To
    resolve disputes as an underlying unit of authority and how the
    dispute resolution procedure enables both parties to conciliate a
    dispute resolution and resolve the dispute peacefully out of court by
    the parties involved rather than through the highly technical strategy
    of filing petitions and presenting evidence in court(Barangay Justice
    System (BJS) in the Philippines, which is a community mediation
    programme, whose overarching objective is to deliver speedy, cost-
    efficient and quality justice through non-adversarial processes
    (Mohammed & Caingat, 2017). Members of the lupon must enhance their
    paralegal training and skills to make them more effective in settling
    the disputes and update themselves with laws promulgated and
    implemented (Sobradil, 2019).

    Benter (2020) 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. The study found out the different aspects of
    responsibility in their level of readiness to fulfill their duties on
    how the role of each member of barangay officials effectively mediates
    disputes that affect the rights and interests of the parties involved
    in dispute resolution the research method used in conducting an in-
    depth interview or on a phone call with the barangay officials and its
    constituent of barangay Aguada, Tinago and Carmen Annex, Ozamiz City
    (Porio & Roque-Sarmiento, 2019).
    UNIVERSITY OF CAGAYAN VALLEY
    TUGUEGARAO CITY

    Theoretical/conceptual framework:

    This study is supported by the macro theory of conflicts which


    focuses on the interaction of groups, specifically on the conscious
    level. Early political theorists, from Thucidydes and Sun Tsu to
    Machiavelli and von Clausewitz, have chosen one particular element to
    concentrate on: power. The use and exercise of power is a central
    concept of macro theory of conflict. Macro theorists would agree that
    power comes in many forms: economic, political, military, even
    cultural. On the other hand, this is also supported by the classical
    theory that capitalises on observations of group phenomenon for single
    events in order to study the problem in depth, and to determine the
    importance and relationships of many variables.

    Paradigm of the Study:

    Performance

    Attaining Peace in the


    Community
    Katarungang
    Pambarangay
    UNIVERSITY OF CAGAYAN VALLEY
    TUGUEGARAO CITY

    Statement of the Problem:

    This study aims to asses the work performance in settling disputes and
    impact of Katarungang Pambarangay of the Barangay Dugayung, Amulung,
    Cagayan. Speciffically, it aimed to answer the following questions:

    1. What is the structural composition of the Katarungang


    Pambarangay?
    2. How many cases are lodged to the barangay justice system in every
    year?
    3. How many cases are resolved by the barangay justice system in
    relation to the cases lodged before it?
    4. How do members of the justice system in the barangay settle
    disputes?
    5. What skills do the members possess and they still need to acquire
    to improve their resolution of cases?

    Scope and Delimitation

    This study is focused on the work performance of the katarungang


    pambarangay of Dugayung, Amulung Cagayan for the calendar year 2022
    specificlly on the nature and number of cases filed, number of
    reconciled disputes, and cliets satisfaction.

    Importance of the Study

    The results of the study will serve as the basis for improving the
    work performances of the Katarungang Pambarangay of Dugayung, Amulung,
    Cagayan. The searcher aslo believes that it shall benefit the
    following:

    The Barangay Officials. The barangay officials are expected to benefit


    from the results of this study. For any improvement in the work
    performance of the barangay officials would bring a better change in
    the running of the affairs of the community.

    Members of the Barangay Justice System. This study is evaluative of


    the performance of the members of the Katarungang Pambarangay. It
    looks on their areas for improvement so that they can discharge their
    functions withs effectivity and efficiency in the future.
    UNIVERSITY OF CAGAYAN VALLEY
    TUGUEGARAO CITY

    The Community. Better performance of the members of the barangay


    justice system would mean higher possibility to resolve disputes in
    the community. In effect, the community will experience peace and
    order and an improved relationship with one another.
    UNIVERSITY OF CAGAYAN VALLEY
    TUGUEGARAO CITY

    You might also like