Katarungang Pambarangay: A Handbook (2024)

A H A N D B O O K KATARUNGANG PAMBARANGAY Katarungang Pambarangay: A Handbook Maricel Vigo Atty. Marlon Manuel, SALIGAN Atty. Marlon Manuel, SALIGAN Divina Lopez, LGSP Myn Garcia, LGSP Vic Alfaro, LGSP Edgar Catalan, LGSP Raissa Jajurie, SALIGAN Mindanao Raymond Salas, SALIGAN Mindanao Pedrito Acosta, Region 12 Liza del Norte, IPHC Allan Carpio, RCED Arnold Beroya A H A N D B O O K KATARUNGANG PAMBARANGAY Katarungang Pambarangay: A Handbook Copyright © 2004 Philippines-Canada Local Government Support Program (LGSP) All rights reserved The Philippines- Canada Local Government Support Program (LGSP) encourages the use, translation, and adaptation and copying of this material for non-commercial use, with appropriate credit given to LGSP. Although reasonable care has been taken in the preparation of this handbook, neither the publisher and/or contributor and/or writer can accept any liability for any consequence arising from the use thereof or from any information contained herein. ISBN 971-92952-0-1 Printed and bound in Manila, Philippines Published by: Sentro ng Alternatibong Lingap Panligal (SALIGAN) 1/F Hoffner Bldg., Social Development Complex Ateneo de Manila University, Loyola Heights, 1108 Quezon City, Philippines ✆ (632) 4266001 local 4858 or 4860 Philippines-Canada Local Government Support Program (LGSP) Unit 1507 Jollibee Plaza Emerald Avenue, 1600 Pasig City, Philippines ✆ (632) 637 3511-13 www.lgsp.org.ph This project was undertaken with the financial support of the Government of Canada provided through the Canadian International Development Agency (CIDA). IMPLEMENTED BY A JOINT PROJECT OF Foreword Acknowledgements Preface Definition of Terms Introduction 1 : Chapter 1 — Constitution of the Lupon Chapter 2 — Mediation through the Punong Barangay Chapter 3 — Conciliation through the Pangkat Tagapagkasundo Chapter 4 — Arbitration Chapter 5 — Indigenous Modes of Dispute Resolution 2 : , Chapter 1 — Scholarships Chapter 2 — Incentives and Awards Annexes — Katarungang Pambarangay Forms KP Form # 1 KP Form # 2 KP Form # 3 KP Form # 4 KP Form # 5 KP Form # 6 KP Form # 7 KP Form # 8 KP Form # 9 KP Form # 10 KP Form # 11 KP Form # 12 KP Form #13 KP Form #14 CONTENTS vii ix xi xiii 1 9 20 33 52 58 69 73 Notice to Constitute the Lupon Appointment Letter Notice of Appointment List of Appointed Lupon Members Lupon Member Oath Statement Withdrawal of Appointment Complainant’s Form Notice of Hearing Summon for the Respondent Notice for Constitution of Pangkat Notice to Chosen Pangkat Member Notice of Hearing (Conciliation Proceedings) Subpoena Letter KP Form # 15 KP Form # 16 KP Form # 17 KP Form # 18 KP Form # 19 KP Form # 20 KP Form # 21 KP Form # 22 KP Form # 23 KP Form # 24 KP Form # 25 KP Form # 26 KP Form # 27 KP Form # 28 Arbitration Award Amicable Settlement Repudiation Notice of Hearing for Complainant Notice of Hearing for Respondent Certification to File Action (from Lupon Secretary) Certification to File Action (from Pangkat Secretary) Certification to File Action Certification to Bar Action Certification to Bar Counterclaim Motion for Execution Notice of Hearing (Re: Motion for Execution Notice of Execution IT has always been a source of pride for us in the Department of the Interior and Local Government to bear witness to outstanding initiatives of partners in local governance. We are therefore pleased to acknowledge the latest publication of the Philippines-Canada Local Government Support Program (LGSP), Katarungang Pambarangay: A Handbook. 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. Katarungang Pambarangay: A Handbook provides local governments an easy-to-use tool with which to take up this challenge. It fills the need to increase the awareness and understanding of katarungang pambarangay and its value as an empowering and alternative tool for the resolution of community and family disputes at the barangay level. With the fast-evolving demand for access to justice, there is a need to utilize this mechanism more strategically and proactively as a way to promote peace at the grassroots. The Punong Barangay (Barangay Heads), members of the Lupong Tagapamayapa (Peace Council) and communities will FOREWORD benefit greatly from this publication. Moreover, development workers, the academe and non-governmental and people’s organizations will also find this handbook useful in their work on barangay justice. This undertaking complements the efforts of the DILG to popularize and mainstream governance knowledge products through the Local Government Academy and the agency’s regional learning centers. The handbook provides a means for improved access to dispute resolutions and will go a long way towards enhancing knowledge on and strengthening barangay governance and justice. The DILG, therefore, congratulates the Philippines-Canada Local Government Support Program for its commitment and meaningful contributions to promoting excellence in barangay governance as an integral element of good, responsive and accountable local governance. HON. JOSE D. LINA JR. Secretary Department of the Interior and Local Government THE support, collaboration and creative contributions of the following individuals and institutions are invaluable and were essential to the completion of this publication: The Philippines-Canada Local Government Support Program led by Alix Yule and Marion Maceda Villanueva for providing the necessary direction and support The Sentro ng Alternatibong Lingap Panligal (SALIGAN), especially Atty. Marlon J. Manuel, for their partnership Maricel Vigo for the overall writeup and excellent technical contribution LGSP Area Managers Tess Gajo, Merlinda Hussein, Evelyn ji*z and LGSP Program Officers namely Vic Alfaro, Edgar Catalan, Abduljim Hassan and Cris Tagupa for their invaluable collaboration LGSP Local Resource Partners Raissa Jajurie and Raymond Salas of SALIGAN Mindanao, Pedrito Acosta (Reg 12), Liza del Norte of Institute of Primary Health Care (IPHC), Allan Carpio of Resource Center for Empowerment and Development (RCED) for their technical contribution Divina Luz Lopez for her overall project management and technical expertise in ensuring the quality of this publication Myn Garcia for providing technical and creative direction, and overall supervision of the design, layout and production ACKNOWLEDGEMENTS Arnold Beroya for the illustrations and Alecks Pabico for layout and overall art direction Raymond Oliveros, Janilo Rubiato and Tess Tajanlangit for the translation of the handbook to Tagalog, Cebuano and Ilonggo, respectively Ria Adapon and Sef Carandang for overall coordination and editorial work Gigi Barazon and the rest of the LGSP administrative staff for providing support. KATARUNGANG Pambarangay: A Handbook is the latest publication of the Philippines-Canada Local Government Support Program (LGSP) as part of its mandate to mainstream effective and responsive barangay governance. Republic Act 7160 or the Local Government Code of 1991 expanded the scope and powers of the Katarungang Pambarangay or the Barangay Justice System designed not merely to decongest the courts of cases but to address inequalities in access to justice, particularly experienced by marginalized communities. The barangays, being the basic political unit in the country, is in the most strategic position to facilitate resolution or mediation of community and family disputes, alongside its mandate to deliver basic services. In empowering local government units in Western Visayas and Mindanao, LGSP has designed initiatives that strengthen barangay governance, including enhancing and mainstreaming the use of and access to the barangay justice system. The Katarungang Pambarangay: A Handbook was designed to provide a user-friendly, easy to read and simple tool to promote the knowledge of the katarungang pambarangay as an effective alternative mechanism for dispute resolution. This handbook aims to increase the understanding of the Punong Barangays (barangay heads) and members of the Lupong Tagapamayapa (Barangay Peace Council) on the processes and procedures of the barangay justice system to enable them to maximize its use in their communities. It is also intended to provide a practical overview for the PREFACE members of the communities — paralegals, non-government and people’s organizations — regarding the role and benefits of the katarungang pambarangay in their lives. By doing so, LGSP hopes that it would somehow make a difference in people’s lives by contributing to a better understanding and strategic administration of the barangay justice system. Katarungang Pambarangay: A Handbook is a modest contribution to creating greater awareness of an alternative to what can be an elitist and complex legal system, often characterized by an arduous legal process. This publication is a way to empower grassroots communities to exact their basic rights and provide them a viable way to do so. The Philippines-Canada Local Government Support Program Adjudication is the power of courts or quasi-judicial agencies to decide cases filed before them and falling within their jurisdiction. Amicable Settlement is an agreement reached during mediation and conciliation proceedings. Arbitration is a process wherein the third party from outside the judicial system is chosen by parties to hear and decide their dispute. Arbitration Award is the decision reached by either the lupon chairperson or pangkat, as the case may be, upon prior agreement in writing by the parites to a dispute for the adjudicators to resolve it. Attachment is a provisional remedy in the form of an order issued by a judge before whom the case is pending by which the property is taken into legal custody as security for satisfaction of a judgment obtained by the prevailing party, either at the commencement of the action or any time after the filing of the case before the final judgment Complainant — plaintiff Complaint is a concise statement of ultimate facts constituting the plaintiff’s cause and causes of action. Conciliation is a process wherein the Pangkat forgoes the power to decide or recommend but assist the parties to isolate issues and options to reach a settlement by consensus that jointly satisfies their needs DEFINITION OF TERMS Delivery of Personal Property (Replevin) is provisional remedy by which a judge before whom an action is pending for the recovery of personal property issues an order for the delivery of such property to the movant or the party filing the petition upon filing of a bond to guarantee its return or to answer for the damages. Execution is the process of exacting satisfaction for on or both of the parties through compulsory or coercive means. It entails the enforcement of the terms of the amicable settlement or arbitration award in so far as this may enjoin or command any of the parties to perform an act, give something or refrain from doing some act Habeas Corpus is a judicial proceeding for the purpose of releasing a person who is illegally deprived of liberty or restoring rightful custody to the person who has been deprived of. Incompetent means a person who is suffering the penalty of civil interdiction; or who is a hospitalized leper, prodigal, deaf and dumb who is unable to communicate; one who is of unsound mind, even though he has a lucid intervals and a person not being unsound mind but by reason of age, disease, weak mind, and other similar causes, cannot, without outside aid, take care of himself and mange his property, becoming thereby an easy prey for deceit and exploitation. Jurisdiction is an authority to hear and decide a case and given by law and cannot be agreed by the parties Katarungang Barangay (KP) is a system of justice administered at the barangay level for the purpose of amicable settling disputes through mediation, conciliation or abitration among the family or barangay without resorting to the courts. Lupong Tagapamayapa (Lupon) is a body organized in every barangay composed of Punong Barangay as the chairperson and not less than ten (10) and more than twenty from which the members of every Pangkat shall be chosen. Mediation is a process wherein the Lupon chairperson or Barangay Chairperson assists the disputing parties to reach a settlement by consensus that jointly satisfies their needs. Minor is a person below eighteen (18) years of age. Next of Kin is an individual who is a relative or a responsible friend with whom the minor or incompetent lives Pangkat Tagapagkasundo (Pangkat) is a conciliation panel constituted from the Lupon membership for every dispute brought before the Lupon consisting of three (3) members after the Punong Barangay has failed in his mediation efforts. Preliminary injunction is a provisional remedy in the form of an order issued by a judge before whom the case is pending at any stage before the final judgment requiring a person to refrain from a particular act. Repudiation is an act of rejecting the validity or refusing to accept the terms and conditions of agreement on the ground of vitiation of consent by fraud, violence or intimidation. Respondent — defendant Statute of Limitations is the law which bars or does not allow the institution or filing of an action or case against another after the expiration of the period prescribe d for such action or offense Support Pendente Lite is a provisional remedy in a form of an order issued by a judge before whom the case is pending granting allowance, dwelling, clothing, education and medical attendance to the person entitled thereof. Venue is the place where the case is to be heard and decided. This is not fixed by law except in criminal cases, and can be agreed upon by the parties. 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. When PD 1508 first decreed the setting up of the Barangay Justice System, the law had the following objectives: To promote the speedy administration of justice To minimize the indiscriminate filing of cases in courts To minimize the congestion of court dockets and thereby enhance the quality of justice dispensed by the courts To perpetuate and recognize the time-honored tradition of amicably settling disputes at the community level 2 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. 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 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. The Barangay Justice System provides an alternative mode for dispute resolution to the costly and lengthy process of settling Simply put, the Barangay Justice System provides a friendly, inexpensive, and speedy forum for the settlement of disputes where the parties can freely explore options for amicably resolving their disputes without resorting to the 3 disputes in regular courts. Instead of going through the very technical procedure of filing formal pleadings and presenting evidence in courts, the parties of a dispute are given the opportunity to try to talk to each other and resolve their disputes amicably. The technical processes and rules that are usually applied in court proceedings are not applied. Filing a case in court, or defending oneself against such a case, would necessarily entail the services of lawyers. In the Barangay Justice System, however, the parties do not need to secure the services of lawyers. In fact, the law prohibits the participation of lawyers in the conciliation proceedings. While cases that are tried in courts generally take years to be resolved, cases that go through the Barangay Justice System would generally take only a few weeks. Simply put, the Barangay Justice System provides a friendly, inexpensive, and speedy forum for the settlement of disputes where the parties can freely explore options for amicably resolving their disputes without resorting to the courts. On the issue of access to justice, the Barangay Justice System provides an accessible mechanism for resolving the justice issues of the poor. In some areas where the courts are inaccessible, both because of location and because of the prohibitive costs of litigation, the Barangay Justice System, with all its limitations, can be the only venue that the poor can avail of for the resolution of their disputes. In some areas where the courts are inaccessible, both because of location and because of the prohibitive costs of litigation, the Barangay Justice System, with all its limitations, can be the only venue that the poor can avail of for the resolution of their disputes. 4 The Barangay Justice System is also envisioned to complement the courts in administering justice. For cases that are covered by the Barangay Justice System, it is compulsory for the parties to go through the Barangay Justice System proceedings first before going to court. Failure to do so would mean the dismissal of the parties’ claim or counterclaim. It is only when the Barangay Justice System has failed to resolve the dispute that the parties will be allowed to bring their case to court. The Supreme Court issued Administrative Circular No. 14-93 on July 15, 1993 directing the courts to ensure compliance with the requirement of prior recourse to the Barangay Justice as a condition for filing a complaint in court for cases that are covered by the system. With more disputing parties settling their disputes at the community level, it is expected that the filing of cases between members of the same community will be minimized. This, in turn, will help reduce the congestion of the courts’ dockets and, hopefully, improve the efficiency and quality of the courts’ dispensation of justice. The Barangay Justice system is, thus, both an alternative and complementary mode of resolution to the court system. 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 5 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. Thus, local systems of settling disputes through their councils of datus or elders are recognized and followed with the same force and effect as the procedure laid down in the law. 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. The first part of the handbook discusses the actual processes of the Katarungang Pambarangay (KP). The second part deals with the benefits, incentives and awards of the system. The Annexes contains samples of al the KP forms that are used in the process, for reference. The Supreme Court issued Administrative Circular No. 14-93 on July 15, 1993 directing the courts to ensure compliance with the requirement of prior recourse to the Barangay Justice as a condition for filing a complaint in court for cases that are covered by the system. 6 This handbook has also been translated to three Philippine dialects, namely Tagalog, Cebuano and Ilonggo, to facilitate greater use and understanding of the system at the community level. Also, a handbook on the Barangay Justice System in ARMM is being developed, which takes a look at the existing indigenous/traditional mechanisms of dispensing justice in the Muslim and Moro cultures. P A R T O N E ACTUAL PRACTICES . , . , , . , . ’ . . . , . . ? , . CONSTITUTION OF THE LUPON - ... 10 / . ? ? ? ( ) , . . ? . ? , . / — , 11 ? , : , , , , , , , - , . / : , , , , , , , - 18 12 . / . . , , - , ? , ? 13 14 , . , , . , ? STEP 1: Determining the actual number of Lupon Members STEP 2: Preparing a notice to constitute the Lupon STEP 3: Posting the notice to constitute the Lupon STEP 4: Appointment of Lupon Members STEP 5: Oath taking of Lupon members STEP 6: Posting , ? . 16 ? ? ? , ( ) , , , . , . ( ) . , . , ( ) , . 17 18 !… . ? . , ? ? , . , … , . 19 , ? , MEDIATION THROUGH THE PUNONG BARANGAY ? , . ? , . , . ? ? . ? ! ? 21 , / . ’ ? , ’ . . ’ . ? , . . , , ? 22 ( . ); ( . ); ( . ); ( . ); ( . ); ( . ); ( . ); ( . ); ( . ); ( . ); ( . ); / ( . ); ’ ( . ); ( ) ( . ); / ; ( . ); ( ). ( . ); ( . ); ( . ); ( . ); ( . ); ( . ); ( ). ( . ); , ( . ); 23 ( . ); ( . ); ( ). ( . ); ( ). ( . ); ( ); ( . ); ( ). ( . ); ( . ); ( . ); ( . ); , ( . ); ( ). ( ); ( ). ( . ); ( . ); ( ); ( . ); ( . ); ( . ); ( . ); ( ); ( ). 24 ! ’ ! ? ; ( ); ; , , , . ? . , , . . / . 25 26 , ? … ? , , ? , . , . , . . . , . ( ) , . 27 ? , / / . / . , , / , . 28 . , ? ? , 29 . , . , , , ? , . 30 … . … . , . , ? . … . . , ? 31 ? , . 32 , . , . / . , / , , / . . ? ? ? , . . … , . , ? CONCILIATION THROUGH THE PANGKAT TAGAPAGSUNDO , , . ? ! . . , ? , . , 34 . ? , . 35 ? , . 36 ? , . , . , , . , ? . / . , / ? , , . . . 37 ! . , ? , .