The Barangay Justice System:

The Effectiveness of the Lupong Tagapamayapa in Selected Barangays

of Bacolod City

Members:

Garceniego, Louem G.

Gerolin, Louieze Gerald C.

Mayo, Mark Steven S.

Zafra, Macario III

28 December 2015

ACKNOWLEDGEMENTS

First and foremost, the researchers would like to offer the

success of this study to the almighty God, who sustained the
researchers with His grace, wisdom, strength and divine providence.
For with His help, the researchers were able to endure all the
challenges in this study.
Second, the researchers would like to thank the University of
St. La Salle College of Law Library, Graduate School Library, and
Undergraduate Library for providing the necessary resources and
research materials that were helpful in the study.
Third, the researchers would like to express their appreciation
to the interviewed individuals. Without the help of these persons,
the study would not be possible.
Fourth, the researchers would like to thank Atty. Jocelle
Batapa-Sigue, professor in Legal Research, for providing the proper
research

skills

and

techniques

that

were

used

during

the

researching process.
Lastly, the researchers would like to thank everyone who gave
their support and encouragement that helped the researchers focus
and attaining their goal of a successful study.

ABSTRACT
The establishment and operation of the Barangay Justice System is
mandated by Republic Act No. 7160, otherwise known as the the
Local

Government

Code

of

1991.

The

Revised

Katarungang

Pambarangay Law under the Local Government Code is aimed to

help decongest the already congested judicial courts all over the
country. Through the Lupong Tagapamayapa, the Barangay Justice
System aspires for amicable settlement of disputes between
barangay and family members. The researchers selected four (4)
individuals for the interview process. These individuals were
selected due to their experience and knowledge with the Lupong
Tagapamayapa that are helpful for the completion of the study.
These individuals gave competent and trustworthy informations
which are vital in the functions of the lupon, and the reason why
these individuals asked that their identities not to be disclosed in
the research To address the effectiveness of the Katarungang
Pambarangay system, the researchers sought more effective ways
to inform both citizens and local leaders of the potential of the KP
authority under Philippine law, especially in terms of efficient and
effective ways of dealing with the disputes and cases presented to
them. Through the interviews and data gathered for the purpose of
this study, the researchers were able to conclude matters essential
4

and necessary for the function of the Lupong Tagapamayapa, and

through the findings, the researchers were able to set out
recommendations for persons at stake with the Barangay Justice
System, especially to the lupon member. This recommendations are
aimed to aid and guide them in their functions in the barangay
system.

TABLE OF CONTENTS

Acknowledgement iI
Abstract iiI
Introduction 4
Objectives 6
Research Methodology 8
Research Findings 19
Summary 24
Conclusions 25
Recommendations 26
Bibliography 27
Appendix

INTRODUCTION
The Philippines, known as an archipelagic state in Southeast
Asia with 7,107 islands and islets, has various political subdivisions.
The

barangay,

unknown

to

other

countries,

is

unique

governmental unit of the Philippine Republic. Considered as the

closest unit to the people, the barangay is where the government
meet the citizens face to face.
Each barangay is composed of one (1) Punong Barangay, and
seven (7) Barangay Kagawads. The barangay, being the closest
political unit to the people, ensures peace and justice through the
Katarungang Pambarangay or the Barangay Justice System.
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,
7

same city or municipality) and involves the Punong Barangay and

other members of the community (the Lupon members) as
intermediaries

(mediators,

conciliators,

and,

sometimes,

arbitrators). (Manuel and Vigo, 2004)

In the Philippines, amicable settlement of disputes dates back
to the Pre-Spanish era. Then, all disputes were brought before the
elders of the barangay for mediation, conciliation, or arbitration. In
those days, the system dispensed justice efficiently and without
delay. (Tan & Pulido, 2006)
As civilization developed in the Philippines, it came with the
adoption and establishment of a formal system of government,
divided it into three (3) co-equal branches: the Executive, the
Legislative, and the Judiciary. The Judiciary, as granted by the
Constitution,
interpretation

dispenses
of

justice

existing

laws

through
which,

the

application

because

of

and
some

technicalities, cannot be decided immediately. As a result, the

dockets in the courts are congested with a vast number of pending
cases, waiting in agony for justice to come. For that reason,
Congress gave birth to the Katarungang Pambarangay or Barangay
Justice System to help decongest the courts and speed up justice.
The law on the Katarungang Pambarangay was originally
governed by P.D. No. 1508. However, the Local Government Code of
1991, specifically Chapter 7, Title I, Book III thereof, revised the law
on the Katarungang Pambarangay. As a consequence of this
revision, P.D. No. 1508 was expressly repealed pursuant to Section
534(b) of the [same] Code. (Uy v. Contreras, G.R. No. 111416, 26
September 1994)

The Revised Katarungang Pambarangay Law under R.A. 7160,

otherwise known as the Local Government Code of 1991, and which
repealed P.D. 1508, introduced substantial 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. (Administrative Circular 14-03)
By the passage of R.A. 7160 (The Local Government Code of
1991), the Katarungang Pambarangay was given a new mandate
and has extended its reach of cases it covers.
The Katarungang Pambarangay Law has the purpose to give
each barangay the mandate to enforce peace and order, and
provide support for an effective implementation and enforcement of
justice within their area.
In areas where courts are inaccessible due to their locations or
the prohibitive costs of litigation, the Barangay Justice System has
become a venue for the people to avail of a peaceful resolution of
their disputes.
Lawyers are not allowed or are barred from appearing in the
barangay justice system, unless they are personally involve,
because the dispute must be peacefully settled by the disputants
among themselves. It is believed that without the intervention of a
counsel, a dispute has a higher chance of achieving an amicable
settlement.
According to the records of the Department of the Interior and
Local Government (DILG), out of 461,489 total number of disputes
across all barangays nationwide in 2014, 76% or 350,554 of these
were settled by the lupons and only 18,199 of these disputes
9

reached the courts. According to the Supreme Court the estimated

government cost of adjudication per case is P9,500.00, this led to an
estimated government savings of P3-billion.
The Katarungang Pambarangay has two major goals: (1) to
promote the speedy administration of and enhance the quality of
justice, by relieving the courts of case congestion; and (2) to
perpetuate and continue the time-honored tradition of amicably
settling disputes without judicial recourse, thus following the
constitutional mandate of preserving the Filipino culture, and to
strengthen the family as a basic social institution. (Tan & Pulido,
2006)
Even if the parties in disputes are residents of the same
barangay, they do not necessarily have to go through the
Katarungang Pambarangay. Section 408 of the Local Government
Code enumerates the exceptions where the parties can go straight
to court or to the fiscals office. The code provides:
Sec. 408. Subject Matter for Amicable Settlement;
Exception Thereto. (a) Where one party is the government, or any
subdivision or instrumentality thereof;
(b) Where

one

party

is

public

officer

or

employee, and the dispute relates to the

performance of his official functions;
(c) Offenses

punishable

by

imprisonment

exceeding one (1) year or a fine exceeding

Five thousand pesos (P5,000.00);

10

(d) Offenses where there is no private offended

party;
(e) Where the dispute involves real properties
located in different cities or municipalities
unless the parties thereto agree to submit
their differences to amicable settlement by an
appropriate lupon;
(f)

Disputes involving parties who actually reside

in

barangays

of

different

cities

or

municipalities, except where such barangay

units adjoin each other and the parties thereto
agree to submit their differences to amicable
settlement by an appropriate lupon;
(g) Such other classes of disputes which the
President may determine in the interest of
Justice or upon the recommendation of the
Secretary of Justice.
A case filed in court without compliance with prior Barangay
conciliationmay be dismissed upon motion of defendant/s, not for
lack of jurisdiction of the court but for failure to state a cause of
action or prematurity. (Par. IV, Administrative Circular No. 14-93)
All cases covered by the Katarungang Pambarangay Law must
first be brought to the barangay concerned to undergo mediation
proceedings if mediation fails, the parties still have to go through a
conciliation proceedings before the case can be elevated to the
courts. Conciliation can only be done if mediation fails.

11

Mediation and conciliation are basically the same, however,

mediation is done by the Punong Barangay, while conciliation, on
the other hand, is done by the Pangkat Tagapagsundo (pangkat)
headed by a chairperson, similar to mediation.
Both mediation and conciliation are merely intervening
between two or more contending parties in order to prevent or
peacefully end a dispute. A mediator or conciliator does not resolve
a dispute, they are only there to help the conflicting parties resolve
their case by carefully listening to them and assist them in finding a
solution that would justify the needs of the parties involved.
In this work, the researchers have explored the dynamics
surrounding

the

Barangay

Justice

System.

In

particular,

the

researchers have inquired from the knowledge and perception of

persons

who

experienced

to

be

part

of

the

Katarungang

Pambarangay program, or those who have active participation with

it. We listen to their experiences, and through this work, we will
show how effective the countrys Barangay Justice System, and we
will show if it is living up to its mandate of achieving amicable
settlement of disputes in barangays all-over the nation.

OBJECTIVES
The purpose of this study is to determine and assess the
effectiveness of the Katarungang Pambarangay (Barangay Justice),
through the Lupong Tagapamayapa, in settling disputes in the
barangay level, as perceived by respondents who have actual
knowledge or have been part of the process. The following are the
questions this study ought to answer:
12

1. Is the Lupong Tagapamayapa effective in amicable dispute

settlement?
2. Is the Lupong Tagapamayapa serving its purpose of having
a peaceful resolution of the disputes without formal
adjudication?
3. What are the problems encountered during the settlement
process?

Figure 1 - Barangay Organizational Chart

DEFINITION OF TERMS
(a) Adjudication is the power of courts or quasi-judicial agencies
to decide cases filed before them and falling within their
jurisdiction;

13

(b) Amicable Settlement is an agreement reached during

mediation and conciliation proceedings;
(c) Arbitration is a process wherein the third party from outside
the judicial system is chosen by parties to hear and decide
their dispute;
(d) Complaint

is

concise

statement

of

ultimate

facts

constituting the plaintiffs cause and causes of action;

(e) 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;
(f)

Jurisdiction is an authority to hear and decide a case and

given by law and cannot be agreed by the parties;

(g) Katarungang

Barangay

(KP)

is

system

of

justice

administered at the barangay level for the purpose of

amicable settling disputes through mediation, conciliation or
arbitration among the family or barangay without resorting to
the courts;
(h) 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 (20) from
which the members of every Pangkat shall be chosen;
(i)

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;

(j)

Pangkat Tagapagkasundo (Pangkat) is a conciliation panel

constituted from the Lupon membership for every dispute
14

brought before the Lupon consisting of three (3) members

after the Punong Barangay has failed in his mediation efforts;
(k) Persons means every natural or juridical being, susceptible
of rights and obligations or of being the subject of legal
relations;
(l)

Residents refer to natural persons who have their habitual

residence in the province, city, or municipality where they
exercise their civil rights and fulfill their civil obligations; and

(m) 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.

RESEARCH METHODOLOGY
In this study, the researchers used the descriptive method of
research. This type of research methodology is fact-finding; it aims
to explore the circumstances affecting the subject matter of the
study. The methods used in descriptive data gathering are useful
when the object of the study is to see a general and specific picture
of the topic.
Likewise, the researchers employ the qualitative method of
research

since

understanding

the
of

study

focuses

respondents

with

on

the

regard

knowledge
to

and

Katarungang

Pambarangay. The qualitative method involves describing in details

specific situation using research tools such as interviews, focused
group discussions, surveys, and observations.
The questions used in the interviews and focused group
discussions

were

filtered

and

refined

using

the

descriptive
15

normative method to describe the degrees of perceptions of the

respondents on the contributive as well as the obstructive factors on
settlement of disputes through the Katarungang Pambarangay law
and the differences of perception among the respondents on the
operational and administrative problems or constraints encountered
in the implementation of the Katarungang Pambarangay.
The researchers sought key informants who are integrated and
well-versed with the processes and procedures of the lupon, and
focused group discussions that involve people who have been
subjected to the mediation and conciliation procedures of the lupon.

SIGNIFICANCE OF THE STUDY

The study on the effectiveness of the Lupong Tagapamayapa
will systematically provide heightened awareness and information,
with regard to the Lupong Tagapamayapa, to the following sectors of
our society and help the Lupon improve more in terms of the service
it brings for amicable settlements of disputes in barangays. The
sectors that will benefit from the study are the following:

a) The Government of the City of Bacolod

By the use of this study, the City Government will
have additional resources for a thorough study of the law
on the Katarungang Pambarangay and assess the current
situation of the Lupong Tagapamayapa in all barangays in
the city. This study may help reduce the loopholes and
undesirable outcomes after mediation and conciliation
16

proceedings of the lupon, and help formulate action plans

to reduce and avoid these undesirable scenarios in the
future.

b) Citizens of the City of Bacolod

The study will help raise awareness to the citizens
that a Barangay Justice System exists. The study will help
educate the citizens about the lupons purpose and
functions, and let them know that there exist a venue
outside

of

the

courts

that

provides

for

peaceful

settlement of disputes without the need of a counsel.

c) Members of the Lupong Tagapamayapa

The

study

recommendations

provides
for

the

useful
members

references
of

the

and

Lupong

Tagapamayapa. The study will help detect potential flaws

and weaknesses in the system, as well as the fair points of
the dispute settlement process being conducted.

d) Lawyers and Legal Experts

Legal

sages

and

experts

could

deepen

their

knowledge and wisdom with regard to the processes of the

Lupon. Also, it may help them in improving of the lupons
mediation and conciliation proceedings for the benefit of
everyone.

SCOPE AND LIMITATION

17

The scope of this study is composed of the knowledge,

experiences, and perceptions of the respondents with regard to the
Katarungang Pambarangay (Barangay Justice System), through the
Lupong Tagapamayapa, in the City of Bacolod, and its selected
barangays.
Point-persons who were asked were key officials of the
selected barangays of Bacolod city, especially the members of the
lupon, and the individuals who have already experienced being
subjected and mediated to in a lupon mediation session.
Questions asked in the interviews and group discussions focus
on the effectiveness of the lupons processes, especially the ability
of the lupon to amicably settle a dispute and prevent any future
conflicts between the erring party and the party offended.
The study will be limited only through selected barangays of
Bacolod city. Careful and tedious filtering and assessing of the
barangays were done by conducting ocular visits, and consulting
with various resource persons that helped us advance with the
interviews and group discussions
Several Barangays were chosen due to the active responses of
their Lupon Council. The barangays chosen are: Barangay V,
Barangay VI, and Villamonte. These barangays were assessed and
determined through ocular visits, and based on the observations
during their lupon sessions, the researchers decided to conduct the
interviews and surveys in these particular barangays due to their
lupons active initiation and response to disputes.

ETHICAL CONSIDERATION
18

In this study, the researchers put into consideration the

confidentiality of the interviewed individuals, particularly the people
who have been involved in disputes and have experienced to be in a
mediation or conciliation proceedings.
The researchers understand the sensitivity of some of the
cases and disputes that are handled by the lupon, and to ensure
their safety, the researchers ought not to disclose the participants
names in the course of this study, subject to the participants
discretion of the matter.
Any individuals privacy will be guaranteed while subjected to
this research. Consequently, no identifying information about the
individual should be revealed in written or other forms of
communication. Furthermore, any person, group or organization
participating in a research study has a reasonable expectation that
its identity will not be revealed.
Finally, there must be no fabrication or falsification of data. If
we discover that the data published are erroneous, it is our
responsibility to correct the error through retraction, an addendum,
or other appropriate means. In addition, we do not present the work
of others as our own, or do not fail to give appropriate credit for the
work of others through citations.
REVIEW OF RELATED LITERATURE
The Katarungang Pambarangay Law
As compared to Presidential Decree No. 1508, or the earlier
version

of

the

Katarungang

Pambarangay

Law,

the

Revised

Katarungang Pambarangay Law under the Local Government Code

of 1991 has three distinct features, to wit:
19

1. The lupons authority in criminal offenses were amplified,

from those punishable by imprisonment not more than
thirty (30) days or a fine not higher than P 200.00 in P.D.
1508, to those offenses punishable by imprisonment not
exceeding one (1) year or a fine not exceeding P 5,000.

2. As to the venue, the code provides that disputes arising at

the workplace where the contending parties are employed
or at the institution where such parties are registered for
study, shall be brought to the respective barangay where
the aforementioned institutions or workplace is situated.

3. The suspension of the prescriptive periods during the

pendency of the mediation, or arbitration process have also
been provided in the Revised Katarungang Pambarangay
Law.
suffers

Paragraph C of Section 410 of the law, however,

from

ambiguity

when

it

provides

that

the

prescriptive periods shall resume upon receipt by the

complainant

of

the

complaint

or

the

certificate

of

repudiation or of the certification to file action issued by the

lupon or the pangkat secretary. What is referred to as
receipt by the complainant of the complaint is unclear;
obviously, it could have been a drafting oversight. (Uy v.
Contreras, G.R. No. 111416, 26 September 1994)

The Barangay Justice System of the past

20

Cases between the datus or natives of two barangays were

settled by arbitration with a group of datus and elders from other
barangays acting as a board of arbiters.
In civil cases, such as controversy about property or amount of
money, a friendly settlement was first resorted to. If it failed, each
party took an oath that he would abide by the decision of the judge.
In criminal cases, if a chief was killed, his kinsmen waged war
against the murderer and his relatives, until they were stopped by
the mediator who fixed the amount of gold to be paid by the
murderer. (Zaide, 1939)
In the Spanish period, the pueblo was the local unit or local
government with the gobernadorcillo or capitan as its chief
executive. The Judiciary consisted of the Territorial Supreme Court in
Manila, the two (2) Superior Criminal Courts in Cebu and Vigan, the
Courts of First Instance in the Provinces, the Justice of the Peace
Courts in the Municipalities and a few Special Courts.
During this period, the Supreme Court had a criminal and civil
chambers. It had one (1) Chief Justice, two (2) Presidents of
Chambers, eight (8) Associate Justices, Attorney-Generals and other
officers.
The Superior Criminal Courts had a Chief Justice, two (2)
Associate Justices, one (1) Attorney-General, one (1) Assistant
Attorney and a Secretary. (Gullus 1947)

Similar Systems in other Nations

21

The system of amicable settlement is prevalent in Asian

nations. In the People's Republic of China, a body called "People's
Conciliation Committee" is charged with the duty of settling disputes
and minor criminal cases through conciliation. Its counterpart in the
Union of Soviet Socialist Republic is the "Comrade's Court," which
sanctions certain forms of antisocial behavior of minor importance,
not meriting the attention of regular courts. In Japan, informal
means

of

dispute

resolution

in

the

form

of

extrajudicial

reconcilement and conciliation is being resorted to, a carryover from

the Tokugawa Legal System which prominently featured conciliation
among members of a "kumi" (town or village) through the
intervention of the respective family heads. (Leueng, 1976)

Katarungang Pambarangay: The Purpose

The primary purpose of P.D. 1508, (now, Chapter 7, Title One,
Book III, Local Government Code) is to provide the conciliation
mechanism as an alternative to litigation in dispute settlement, to
members of the responding barangay who are actually residing
therein. (Bejer v. Court of Appeals, 169 SCRA 566, 572, 27 January,
1989)
One of the purposes of the Katarungang Pambarangay Law is
to relieve trial courts of cases among neighbors that hopefully can
be settled through the mediation of their peers in peaceful and
friendly confrontations. (Ramos v. Court of Appeals, 174 SCRA 690,
695, 30 June 1989)
The essence of the Katarungang Pambarangay Law is the
amicable settlement of disputes wherein the disputing parties are
22

encourage to make mutual concessions to obtain a peaceful

resolution of the disputes without formal adjudication thereof. The
important consideration in amicable settlement is the extent to
claims against each other within the limits imposed by law, moral,
good customs, public order and public policy. (DOJ Opinion No. 185,
s. 1981)
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. (Manuel and Vigo,
2004)
The barangay settlement procedure are intended as a
screening process whereby the barangay captain and the pangkat
ng tagapagsundo, the conciliation panel constituted from the lupon
membership, determine which cases are truly irreconcilable and
should therefore be resolved judicially. (DOJ Opinion No. 111, s.
1982)

Katarungang Pambarangay: The Functions

23

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. (Manuel and Vigo, 2004)
The Barangay Justice System provides an alternative mode for
dispute resolution to the costly and lengthy process of settling
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. (Manuel and Vigo,
2004)
All proceedings for settlement are public and informal, except
at the instance of the Barangay Captain or the Pangkat or any of the
parties to exclude the public in the interest of privacy, decency, or
public morals. The results of the mediation proceedings, and the
24

whole of the conciliation proceedings shall be duly recorded, such

records being transmitted to the proper city or municipal court for
safekeeping. (Min. of Justice Op. No. 147, s. 1979.)
Katarungang Pambarangay: The Importance
True to the form envisioned by its main exponent, the
Katarungang Pambarangay seeks to achieve a two-fold goal: (l) to
promote the speedy administration and enhance the quality of
justice by relieving the courts of docket congestion caused by
indiscriminate filing of cases; and (2) to perpetuate and officially
recognize the time-honored tradition of amicably settling disputes
among family and barangay members at the barangay level,
without judicial recourse, thus, implementing the constitutional
mandate to preserve and develop Filipino culture, and to strengthen
the family as a basic social institution. (Tan & Pulido, 2006)
There can be no question that when the law conferred upon
the Lupon "the authority to bring together the parties actually
residing in the same city or municipality for amicable settlement of
all disputes, ... ," its obvious intendment was to grant to the Lupon
as broad and comprehensive an authority as possible as would bring
about the optimum realization of the aforesaid objectives. These
objectives would only be half-met and easily thwarted if the Lupon's
authority is exercised only in cases falling within the exclusive
jurisdiction of inferior courts. (Morata v. Go, G.R. No. L-62339, 27
October 1983)
[A] personal confrontation between the parties without the
intervention

of

counsel

or

representative

would

generate

spontaneity and a favorable disposition to amicable settlement on

the part of the disputants. In other words, the said procedure is
25

deemed conducive to the successful resolution of the dispute at the

barangay level. (Ledesma v. C.A., G.R. No. 96914, 27 October 1992)
Mediation and conciliation necessarily involve a "laying of
cards" by the parties. In order to arrive at an amicable settlement,
the parties must feel free to talk about their problems, mundane as
they are, even those which do not have a direct bearing on the
dispute sought to be resolved. This is a natural phenomenon in
conciliation, more so in Philippine setting, because it is personoriented. It is deeply concerned in knowing the personalities of the
disputants, on knowing what values are held by the parties, so that
a trade-off of values may be effected to restore disrupted
harmonious relationship or to create such harmony where there is
none. This nature of the conciliation process, therefore, extracts all
statements from the parties as may be necessary and sufficient to
arrive at a settlement. (Tan & Pulido, 2006)

Lupong Tagapamayapa as a Requirement

We have repeatedly ruled that the proceedings before the
lupon are a precondition to the filing of any action or proceeding in
court or other government office. Such an initiatory pleading, if filed
without compliance with the precondition, may be dismissed on
motion of any interested party on the ground that it fails to state a
cause of action. (Wingrats v. Mejia, A.M. No. MTJ-94-1012, 20 March
1995)
The petitioners complaint for unlawful detainer and the
collection

of

back

rentals

should

have

been

first

filed

before the Lupon for mandatory conciliation, to afford the parties an

26

opportunity to settle the case amicably. However, the petitioner filed

her complaint...directly with the MTC. Clearly then, her complaint
was premature. (Berba v. Pablo, G.R. No. 160032, 11 November
2005)
That parties should first comply with the provisions of the
Katarungang Pambarangay Law before the Court can acquire
jurisdiction over the complaint. [The] allegation of non-compliance
with the mandatory requirement of Lupon Conciliation before the
filing of the complaint, in a way divests the Court of its jurisdiction
over the case. (Ercide v. Hernandez, A.M. No. MTJ-00-1265, 06 April
2000)
What is compulsory under the Katarungang Pambarangay Law
is that there be a confrontation between the parties before the
Lupon Chairman or the Pangkat and that a certification be issued
that no conciliation or settlement has been reached, as attested to
by the Lupon or Pangkat Chairman, before a case falling within the
authority of the Lupon may be instituted in court or any other
government office for adjudication. (Pange-et v. Manacnes, G.R. No.
167261, 02 March 2007)

Changes in the Katarungang Pambarangay Law

The Supreme Court recognized the need to implement Rule 18 of
the 1997 Rules of Civil Procedure, as amended, and test the
conclusion that mediation/conciliation is a speedy, inexpensive and
simplified mode of dispute resolution by actual experiment in
selected pilot areas.

The rules on mediation proceedings, which

27

were to apply to the following cases, were submitted by PHILJA to

the Supreme Court for approval:
1. Cases involving interpersonal relations and neighborhood
disputes;
2. Collection cases based on creditor and debtor relationship;
3. Claims for damages;
4. Consumer disputes;
5. Disputes arising out of landlord-tenant relationship;
6. Minor criminal disputes such as:
i.

Violation of BP 22, estafa, threats, coercion, or

malicious

mischief

where

the

objective

is

the

collection or recovery of damages;

ii.

Private crimes committed without violence; and iii.

Vehicular accidents.

7. Settlement of estates.
On November 16, 1999, the Court issued amended guidelines for
the implementation of the mediation/conciliation proceedings.
Under the approved guidelines, the following are the cases referred
for mediation:
1. Civil cases involving members of the same family within the
sixth civil degree of consanguinity or affinity, except those
which by law cannot be subject to compromise, and civil
disputes between residents of the same municipality or city
cognizable by the Lupon Tagapamayapa in accordance with

28

Section 408 of the Local Government Code of 1991 (Republic

Act 7160);
2. Collection cases based on creditor and debtor relationship;
3. Claims for civil damages;
4. Disputes arising out of lessor-lessee tenant relationship.

It can thus be seen that the advantages outweighing the

disadvantages, the Katarungang Pambarangay, as an informal
forum for the settlement of disputes, is a desirable development in
the administration of justice, since it not only secures the
decongestion of the courts but makes use of a legal system which is
indigenously and traditionally Filipino.

RESEARCH FINDINGS
The Current Situation of Lupong Tagapamayapa System
Some existing challenges confronting the Barangay Justice
System may be worth it for the purpose of policy reform. There is a
29

need for community members to familiarize themselves with the

operations of the Barangay Justice System. More public campaign
on the processes of the system may be worth pursuing. In some of
the regional consultations on the subject, many barangay officials
noted some inherent weaknesses of the Lupon and the Pangkat.
For instance, an observation has been made that it may be
essential to require the Lupon and Pangkat members to undergo a
continuing education program to make them aware of their roles,
duties, and responsibilities, among others.

It is also important to

emphasize the acceptability of these members to the community,

particularly in regard to their impartiality and integrity. (Martinez,
2002)
In the interviews and observations made by the researchers,
the common problems that halt the effectiveness of the lupon were
noted:

1. Lack of information, understanding, and appreciation by

potential mediators of the importance of the lupon
The public does not understand the concept and advantages
of mediation.

Neither are they aware of the availability of

mediators. Thus, the need for the holding of forums such as this,
the need for advocates, for publication and media support, and for
testimonials of successful mediations.
In a question asked to an anonymous barangay official of
Barangay Alangilan, the official stressed out the importance of the
lupon, and we quote:

30

Para sa akon huo. Kabalo ka ang tawo subong may

tendency nga kadasig mag init ang ulo ukon gapadala sa
emosyon bala kag kadasig mangakig. Pero kung panilagan mo
na sila, matingala ka nga ang kalabanan sa ila dasig man
maumpawan kag ma tahaw man lang dayun ang ila kaakig
kag gulpi lang mayuhay na man sila dayon. Amo na nga
mahambal ko gid nga dako ang nabulig sang Lupon sa pagpaintsindi sa mga tawo nga involve sa gamo nga mas maayo gid
ya kung tawhay ang tanan. Kag sa realidad, kung ipasaka gid
man bi ang kaso kay tungod nd gid magpa areglo ang duwa
ka kampo, ano naman ya ang igasto nila para magfollow up
sang kaso nila? Isa gid actually ka factor ang financial nga
aspeto sa proseso sang pagpasako sang kaso kag palab-uton
pa sa korte ang problema kung pwede man lang ma
istoryahan. (Refer to Key Informant #3, line 34-46)
For me, yes. People nowadays have the tendency to be
easily engaged in troubles and heated arguments which can
lead to anger and violence. But if you try to look at it, you will
wonder why most of them can just easily be calmed and their
anger will just subside. That is why I could really claim that the
Lupon has been a big help to make our people understand the
importance of having a peaceful community. And to be
realistic about it, if the case will proceed to prosecution
because settlement can hardly be obtained, where will they
get the money to shoulder the expenses of running the case?
Money is actually a big factor why most people choose to
settle the problem in the barangay level rather than bring it up
on courts.

31

The geographical convenience of the system, the simplicity

and inexpensiveness of proceedings, and the "personal touch"
involved, all contribute to the effectiveness and feasibility of the
Katarungang Pambarangay, and make available to a greater
majority of the people an informal mode of dispute resolution.
However,

this

does

not

mean

that

the

system

is

without

disadvantages.
In one interview, a resident of Bacolod City expressed her distaste
with the Lupon, and we quote:
Mayo pa gani wala na lang Lupon para at least diretso
na sa pulis e. Kay kung mag labay pa sa barangay mas ga
delay pa gid gani kag gadugay ang proseso kay kis-a may
mga reschedule pana kay wala si Kap ukon wala si Kagawad
ukon sin-o da. Kag para sa akon, for example bi dako nga
gamo ang magluntad, ano man bi ang mahimo sang mga
opisyal sa barangay? Ang iban sa ila na tahap mana kis-a
daan mag hilabot sa ginamo sang mga taw okay basi sila pa
initan kag dasun nga eleksyon dumtan sila kag indi sila pag
botohon. (Refer to Key Informant #4, line 26-33)
For me it is better not to have the Lupon so that the
disputes will be immediately brought to the proper authority
or the police. If all disputes will have to go through the Lupon
it will cause more delay of the process especially when the
barangay will reschedule the hearings for petty and invalid
reasons such as the absence of the Punong Barangay or one
of the Kagawads or whoever. And further, let say for example
the conflict is too big and too complicated to handle, what can
the barangay do about it? Some of the officials are even
32

cynical about it because by intervening along the dispute,

they will just engage themselves in the conflict and it might
affect their political career and plans by losing votes because
of hate votes.

2. Non Appearance of Parties

Many

litigants

fail

to

attend

the

scheduled

mediation

proceedings because of lack of notice, because their lawyers did not

explain to them the importance of mediation, because they thought
mediation was unnecessary as their cases were already in court.
An interview from another official in Barangay Alangilan also
stressed

out

some

problems

with

the

lupon

regarding

the

cooperation and appearances of the parties involved in the dispute,

and we quote:
Ang budlay gid kis-a kung ang mga tawo nga involve sa
gamo wala ga cooperate sa Lupon kag naga pawala lang sila
sa mga summons nga gina padala sa ila sang barangay. May
mga tawo gid ya nga ka tig-a hambalan kag kung kis-a daw
mas isog pa sila kung ipatawag sila. (Refer to Key Informant
#3, line 26-30)
The problem sometimes are the parties involved in a
conflict who do not cooperate with the Lupon and they tend to
disregard and reject the summons sent by the barangay. There
are also those who are stubborn and refused to accept advices
and sometimes they act more aggressively which often
intimidate the Lupon.

33

Some of them do not know the opportunity they missed when

they expeditiously settle their disputes within the exhausting court
process. It will actually take years to prod litigants to learn and
cooperate, unless the courts immediately impose sanctions for the
deliberate refusal of the parties to attend court-referred mediation.
But since this kind of mediation is part of pre-trial, the courts can
dismiss the complaint if the plaintiff absents himself, or declare as if
in default if he does not attend.
Such sanctions will spread like wild-fire, and lawyers will
ensure attendance of the clients in mediation proceedings.
3. Strong Positions and Demands
It is also an experience that certain parties take very strong
positions during mediation and frustrate quick settlement.

This

cannot be avoided, especially if the parties are still in a very

emotional state.
In one of the interviews conducted, an anonymous member of
the lupon shared her experience while handling a particular case:
Sometimes, settlements become personal. During a
settlement, perhaps out of rage, one of the respondents spoke
about her personal issues concerning the Brgy. Captain, who
is the officer settling the dispute. Instead of resolving the
issue at hand, the Brgy. Captain and the respondent had an
exchange of hurtful words. (Refer to Key Informant #1, line
24-28)
In another interview, it was noted that the officials in the lupon
seems inattentive and unresponsive in giving proper recourse to the
case filed by a resident:
34

Ay wala gid! Wala man to gani pulos ang reklamo ko sa

barangay kay daw ginpawalaan man lang nila. Kaagi nga gin
patawag kami nga duwa pero gin istorya kami nila nga
storyahan lang namon kuno ky ma kay-o pa man ang
problema kay normal man lang kuno ang away sa mag-asawa.
Kagamay man lang kuno sang problema namon. (Refer to
Key Informant #4, line 14-19)
Unfortunately, no! It was a useless complaint because it
was not really given much attention by the barangay officials.
There was a time when our attention was called by the Lupon
through summon and they told us to settle the issue between
us because it was not something really serious and it was just
a normal quarrel between couples.
A trained mediator can determine the respective interests of
the disputants to veer discussions away from polarized positions.
He or she can convince the parties of the adverse consequences of
failure to settle, i.e., reversion to tedious and time-consuming
litigation.

4. Undeniable Importance in a Barangay

There is a great necessity for a member of the Lupong
Tagapamayapa to be present and be efficient in mediation
proceedings. As quoted again from an official of Barangay Alangilan:
Sa nahambal ko na gani kagina, para sa akon ya dako
ang nabulig sang Lupon diri sa amon barangay. Kung iconsider
35

mo pa gid nga layo d daan amon lugar amo na nga ang

barangay lang gd ya ang pinaka dasig kag lapit nga mka bulig
sa ila problema. (Refer to Key Informant #3, line 49-52)
As I already mentioned, the Lupon is very helpful for us.
You also have to consider the location of our place as rural
barangay.

Our

people

can

resort

on

nothing

but

the

intervention of our office of barangay council to help them

settle their disputes.
It is stressed in this statement that the barangays, especially
the in the rural parts of Bacolod, that the citizens there depend on
the barangay for the settlement of their disputes; and also, due to
the location of their barangay, which is situated in the rural parts of
Bacolod, that the citizens require the services of their resi

SUMMARY OF THE FINDINGS

The following are the findings of the researchers based on the
data gathered:
1. Based on the statements of the respondents, the effectivity of
the Lupon depends on the performance of the lupon members or
the barangay council. In some barangays, the lupon is performing
very well, while others are not paying attention to it or have no
interest with it.

2. Same with lupon members and barangay officials, there are some
barangays in Bacolod City where residents do not cooperate with

36

the lupon whenever they are summoned and act as if they do not
care of the order from the barangay.

3. Most of the disputes brought to the lupon are between family

members, especially between the husband and the wife.

4. Most of the respondents said that the Lupong Tagapamayapa is

an effective way of amicable settlement of disputes. Also, it is
very helpful in areas where the courts or police stations are too
far.

5. Many residents are aware of the existence of the Lupong

Tagapamayapa, especially in areas where disputes in the
barangay are part of their everyday lives.

CONCLUSIONS
1. After analyzing all the data gathered, it was established that
disputes between husband and wife is the most common dispute
brought to the Lupong Tagapamayapa.

2. The awareness of residents with regard to the existence of the

Lupong Tagapamayapa is high in areas where disputes are
already prevalent, or in areas where the courts or police stations

37

are too far and have the lupon as an alternative venue for
settlement.

3. In areas close to police stations or courts, or areas where

disputes are not common, the awareness of the existence of the
Lupong Tagapamayapa is very unlikely.

4. The Lupong Tagapamayapa is effective only if the persons in

authority of the lupon perform their duties properly. If these
persons lack concern of the disputes being brought to the lupon,
the cases are more likely to fail.

5. Lack of cooperation from the part of the respondent is already

common challenge to lupon officials. This is sometimes the
reason for failure to attain a settlement of the issues being
brought to the Lupong Tagapamayapa.

RECOMMENDATIONS
Based on the results of the study, the researchers were able to
formulate

several

recommendations

to

help

improve

the

implementation of the Barangay Justice System in the country.

38

1. DILG. The Department of Interior and Local Government, which

is the national agency tasked with providing technical assistance
to LGUs could take a more active involvement in strengthening
the KP and should be in the frontline in training barangay officials
and the LT on the KP. Prosecutors and other qualified resource
persons from the DOJ may be tapped as resource persons.

2. Increased awareness with regard to the lupon. Furtherance

of awareness will help increase the mediation proceedings,
allowing the citizens of the barangay to avoid costly litigations
and court proceedings, and may help decrease the courts docket
congestion of cases.

3. Qualifications of mediators. To increase the credibility and

efficiency of the mediators, they must not only possess
exemplary character, they must also had achieved commendable
educational status or achievement, or least possess a bachelors
degree

4. Optional Election of Members. To avoid a subjective selection

of Lupon members, a good way would be having an election.
However, the question that will come out then is: Who will elect?
The barangay council could be the answer to that. On the other
hand, election is not provided in order to keep out politics from
the barangay justice.

39

5. Effective Training of the Lupon Members. This includes basic

seminars and lectures about several law subjects, especially Civil
and Criminal Law. This may also include topics on Laws on
Mediation, Writing of Compromise Agreements, and Filipino
values and Culture. This is to enhance the knowledge of the
members about laws that they may find useful in the Lupon.

BIBLIOGRAPHY
40

Manuel, M., & Vigo, M. (2004). Katarungang Pambarangay: A

Handbook.

Sentro

ng

Alternatibong

Lingap

Panligal

(SALIGAN); Philippines-Canada Local Government Support

Program (LGSP).
Gullas, J. (1947). Philippine Government: Past and Present.
Leueng, S. C. (1976). JUSTICE IN COMMUNIST CHINA: A SURVEY OF
THE

JUDICIAL

SYSTEM

OF

THE

CHINESE

PEOPLE'S

REPUBLIC. Beijing, China.

Martinez, A. M. (2002). Mediation in Courts in the Barangay Justice
System. Philippine Judicial Journal, 74-80.
Tan, B. K., & Pulido, M. G. (2006). KATARUNGANG PAMBARANGAY
LAW: ITS GOALS, PROCESSES, AND IMPACT ON THE RIGHT
AGAINST SELF-INCRIMINATION. Philippine Law Journal, 427.
Uy vs. Contreras, G.R. No. 111416 (September 26, 1994).
Ercide v. Hernandez, A.M. No. MTJ-00-1265, (April 6, 2000)
Zaide, G. (1939). PHILIPPINE HISTORY AND CIVILIZATION.

41