21200493 Understanding the Katarungang Pambarangay

Understanding the Katarungang Pambarangay Justice at the grassroots

2009

Barraca, Delorino, Duman, Dumlao, Grepo, Ocampo, Reyes and Salazar A project for the Local Governments course under Professor Rowena

Guanzon. University of the Phillipines - College of Law.

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TABLE OF CONTENTS

Abbreviations 2 Introduction 3 Chapter 1: Justice at the Grassroots and the Katarangungang Pambarangay 5 Informal justice in the developing world 6 Access to justice 7 Decongesting the courts’ dockets 8 Chapter 2: Performance and Implementation 11 Instrumental worth 11 Attitude change 12 Issues encountered in KP implementation 14 Chapter 3: Inside the University is a Community: KP Implementation in Barangay UP Campus 15 Lupong Tagapamayapa 15 Barangay Justice work 16 The creation of a strong Lupong Tagapamayapa 17 Cases handled 20 Chapter 4: Anti-VAWC Training for Barangay UP Officials 22 Bibliography 27 List of Tables, Figures and Annexes Figure 1.1: Where do we find informal justice systems Figure 1.2: Vacancies in the courts (by percentage) Figure 2.1: Resolution of KP cases (1982-2008) – National total Figure 2.2: Settled cases vs. cases certified for filing in court (1980-2008) Figure 3.1: Cases filed before the Barangay UP’s KP (August 2008 – June 2009) Figure 3.2: Cases filed before the Barangay UP’s KP by type (August 2008 – June 2009) Table 1.1: Court case disposition rate (by type of court 1997-2007) Table 1.2: Vacancies in the judiciary as of end-2008 Table 2.1: Judges level of satisfaction with the KP system Annex 1: Cases Observed Annex 2: Barangay UP’s KP Flowchart in Handling Cases Annex 3: Barangay UP’s Brochures

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ABBREVIATIONS

BP Batas Pambansa

BPO Barangay Protection Order

BPSO Barangay Police and Security Order

DILG Department of Interior and Local Government

DOJ Department of Justice

FCHC Family and Community Healing Center

KP Katarangungang Pambarangay

KPES Katarangungang Pambarangay Electronic System

Lupon Lupong Tagapamayapa

NGO Non-governmental Organizations

Pangkat Pangkat ng Tagapagsundo

PD Presidential Decree

PhP Philippine Peso

POs People’s Organizations

RA Republic Act

SWS Social Weather Station

TPO Temporary Protection Order

UP University of the Philippines

USAID United States Agency for International Development

VAWC Violence Against Women and their Children

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Introduction

This paper does not attempt to do a policy evaluation of the Katarungang Pambarangay (KP)

system. Limitations in time, resources, and case samples, prevent us from pursuing such

objective. But it is properly an attempt to appreciate how a particular aspect of governance - the

delivery of justice – works in the country’s basic political unit. It likewise attempts to find out

how an innovative practice can be fully utilized to benefit communities.

In Chapter 1, we explain how KP plays a pivotal role in a developing country like the Philippines

by addressing a major problem of the disadvantaged sectors: denial of access to justice. We take

a look at the history of KP and the policy declarations accompanying its conception to identify

how it was supposed to address the predicament.

The limits of statistics

Chapter 2 asks if the KP has lived up to its promise. It provides a picture of KP’s performance

since the 1980s, when PD 1508 created the first KP system. We found positive statistics: the

number of cases settled was far greater than those certified for filing in courts. It thus continues

to be a part of the solution to our courts’ thickening dockets. The amount of money that the KP

saves for government in terms of litigation costs is also substantial. And the people, who were

exposed to the KP process, have been found to have favorable views toward it. Based on the

data, it seems to have met the goals that were set when it was conceived.

A caveat though: statistics may leave an impression that the KP is implemented uniformly or

that it is successful everywhere. We recognize that there are barangays, which have not put an

effective KP mechanism in place for a number of reasons: poor leadership, lack of capacity, etc.

Statistics also do not tell us why certain barangays do well. What advantages or resources do

they have that others lack? What process do they employ to make KP successful?

Why Barangay UP?

In order to answer these questions, we need to see how KP is done on the ground. We chose to

observe a barangay that is close to home, so to speak – Barangay University of the Philippines

Campus. But personal affinity is not the main reason behind this choice.

Since resource and time limitations did not permit us to do comparisons of the KP

implementation in several barangays and “separate the chaff from the wheat”, the team decided

to identify a barangay that has a recognized record. We intended to cite the practices that seem

to have contributed to good results. We noted that Barangay UP’s KP unit had received awards

from the Quezon City government, in fact, as of this writing on October 12, 2009, they received a

Best Lupon Tagapamayapa Practice award during the 70th Foundation Day of Quezon City given

by DILG-NCR.

We visited the barangay five times during the months of September and October, 2009. Two of

those visits were spent mainly for observing KP hearings. Some of the cases that we observed

are used as illustrations in the different chapters (see case boxes); the rest are reported in

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Annex 1. We used the other visits to gather data and do some interviews. Our insights from all

of these are found in Chapter 3.

Anti-VAWC Training

The last chapter highlights the training on the Anti-Violence against Women and their Children

(VAWC) Act (RA 9262), which the team organized for members of the Lupong Tagapamayapa of

Barangay UP, personnel from the barangay’s Family and Community Healing Center and other

officials on September 23, 2009.

The training was organized, based on the request of and feedback that the team got from some

barangay officials. The team thought this can be a good contribution to the UP community and

agreed to link Barangay UP with an NGO that has long experience on VAWC. We were able to

get the assistance of Atty. Bobby Sta. Maria of SALIGAN (Sentro ng Alternatibong Lingap

Panligal), who had an interesting interaction with the participants.

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WHAT I LOVE MOST (ABOUT LAW)? IS EVERY NOW

AND AGAIN, NOT ALWAYS, BUT OCCASIONALLY,

YOU GET TO BE A PART OF JUSTICE BEING DONE.

THAT REALLY IS QUITE A THRILL WHEN THAT

HAPPENS. – TOM HANKS IN PHILADELPHIA

Chapter 1

Justice at the Grassroots and the Katarungang Pambarangay

It is the frontline. The barangay, unknown to many, is where much of actual governance takes

place, where the government and the citizens meet face to face. More than a hundred roles have

been assigned to barangays by the Local Government Code and various special laws – ranging

from the delivery of basic services to women and children protection under RA 9262. It is a

wonder how barangays are able to perform all of these obligations, in view of their limited

resources and personnel. Yet, we find that they have also been given a significant (an

understatement, perhaps) role in a process that keeps societies intact: making justice work.

Under the present Local Government Code1, the Katarungang Pambarangay system provides a

way for members of a barangay (or barangays within the same municipality or city, or adjacent

barangays but from different municipalities/cities) to settle their disputes through mediation,

conciliation and arbitration without resorting to the formal justice system; i.e., the courts. The

process is handled by the Lupong Tagapamayapa, made up of the barangay captain as chair and

10-20 members, who are residing or working in the barangay and of proven integrity,

impartiality and have the reputation for probity.

A complaint in cases falling under the jurisdiction of the Lupon2 is filed after payment of a

minimal fee, which in the case of Barangay UP is PhP 100. A day after receipt of the complaint,

the barangay captain is supposed to summon the parties to the dispute for mediation. Failing at

that, the barangay captain shall then refer the case to the pangkat ng tagapagsundo (a group of

three KP members) for conciliation proceedings.3 At any stage, the parties may also submit the

case for arbitration by the barangay captain or pangkat.4 None of the parties is represented by

counsel during these proceedings (See Annex 2).

In the case of the barangay observed for this project, the barangay captain could not mediate all

the cases filed before the KP due to the volume of cases filed; many of the cases are directly

submitted to the pangkat. “If I do all these cases, how will I do all the other functions of my

office? How can I govern?,” said the barangay captain.

1 See Section 399-422 of Republic Act 7160 (1991 Local Government Code). 2 Section 408, supra 3 Section 410, supra 4 Section 413, supra

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Informal justice in the developing world

As we can observe from the map below (Figure 1.1), informal justice systems such as the KP are

found mostly in the developing countries of Africa, South America, South and East Asia. The two

points in the Philippines represent the KP and the reconciliation mechanisms of its indigenous

cultural communities.

The prevalence of informal justice systems in these regions are rooted in both the past and the

present realities. They are a product of the past, as they are patterned after, if not

reproductions, of traditional means of dispute settlement. The KP, for instance, recognizes

traditional modes of disputes resolution borne out of time-honored traditions of pakikisama

(community-spirit), utang na loob (debt of gratitude) and kinship (Villarin and Dayag-Laylo,

n.d.). For example, since the venue of the proceedings is the community where the parties live

or work, friends and neighbors help to settle the issues amicably.

In the present, these informal processes continue to be relevant as they address the issue of

poverty. People in development work recognize that poverty is not limited to material

deficiency; poverty can also take the form of the inability of persons to secure their basic rights.

Most of the disadvantaged who suffer from injuries are wont to go through circuitous

administrative or judicial procedures to secure their rights. The costs alone are prohibitive,

especially for people who barely, if at all, earn enough for food. Note that in the Philippines, 32.9

percent of the population falls below the poverty line.5

FIGURE 1.1 WHERE DO WE FIND INFORMAL JUSTICE SYSTEMS?

Source: Wojkowska (2006). The list is not exhaustive.

5 2006 NSO Poverty Statistics

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Access to justice

Indeed, greater access to justice was the declared policy behind the

institutionalization of KP, first under PD 1508 and later, BP 337

(1983 Local Government Code). It is also the rationale behind the

expanded jurisdiction and powers of the KP under RA 7160 (1991

Local Government Code), which repealed the two previous

legislation.

The level of access is measurable on three levels: (1) the number of

mechanisms from which citizens are able6 and willing to choose (2)

the physical availability of these mechanisms and (3) the speed by

which the disputes are resolved.

Currently, there are various alternative modes of dispute

settlement under the Arbitration Law [RA 876, (1953)], Rule 18 of

the Rules on Civil Procedure (pre-trial conference), and the

Alternative Dispute Resolution Act [RA 9285(2004)]. However,

these still involve legal procedures and employ jargons that can be

daunting to non-lawyers. The lack of understanding of these formal

mechanisms – due to unfamiliarity with the language used, complex

procedures, and low level of legal literacy – are the usual reasons

cited by the underprivileged for not resorting to the formal justice

system (Wojkowska, 2006).

In the KP system, the parties are in familiar surroundings and

discuss the issues with fellow members of the community, who may

be acquaintances and use familiar language. The discussion also

takes the air of informality; jokes are oftentimes made to lower the

tension between parties. These may be the reasons why many of

the parties interviewed for this project said that the barangay was

their first choice of venue for settling their problems.

The KP process is also physically accessible to the parties since the

venue is the barangay itself where they reside or work; that means

less transportation costs. The filing fee is also minimal (PhP 100)

and there is no need to pay lawyer’s fees and other litigation costs.

Finally, it is faster than court proceedings, with problems settled in

a matter of days or weeks rather than years, typical in court

litigation (Golub, 2003). In one KP case observed for this paper, the

conflict between the disputants (involving physical injuries) was

settled immediately, during the initial hearing (See Case 1).

6 This is affected by the costs that the mechanism entails and the physical accessibility of the same.

Case 1

All in a day’s work.

Miguel and his nephew

were having beer in front of

their house, when

respondent, Arthur, passed

by. He allegedly bad

mouthed them, resulting in

an argument. Arthur

attacked Miguel, causing

injuries that required some

stitches.

On the first hearing, the

respondent immediately

admitted what he did. The

pangkat members, sensing

the willingness of the

parties to settle the issue,

reinforced this attitude by

encouraging them to talk to

each other and state their

demands, while the KP

members observed.

Miguel said that he was no

longer seeking damages to

reimburse him for his

medical expenses. He

merely wanted assurance

that the incident will not be

repeated and an apology

from Arthur. The latter

agreed to the demands.

A Lupon member said that

the case was easily settled

because the parties agreed

to stipulate the facts

pertaining to the cause of

the injury. It also helped

that the victim was able to

sense humility on the part of

the respondent.

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A comment by Supreme Court of the Philippines is

instructive:

“[A] personal confrontation between the

parties without the intervention of a counsel

or representative would generate spontaneity

and a favorable disposition to amicable

settlement on the part of the disputant. In

other words, the said procedure is deemed

conducive to the successful resolution of the

dispute (Ledesma v. CA, G.R. No. 96914, July

23, 1992). ”

Decongesting the courts’ dockets

Legislators also saw KP as a means to decongest the courts’ dockets, by encouraging the

settlement of minor cases at the barangay level, which will in turn allow the courts to speed up

the adjudication of already pending cases. This again relates to the access-to-justice problem in

the country.

To ensure that the goal is met, the Local Government Code makes KP mediation and conciliation

a condition precedent to the filing of cases in court. 7 Though non-compliance does not result in

jurisdictional defect thereby rendering the court proceedings void ab initio, such failure, if

seasonably raised, makes the case vulnerable to a motion to dismiss on the ground of

prematurity (Garces v. CA, 162 SCRA 504).

TABLE 1.1 COURT CASE DISPOSITION RATE (BY TYPE OF COURT, 1997-2007)

Court 1999 2000 2001 2002 2003 2004 2005 2006 2007

Total 0.59 0.63 0.69 0.70 0.70 0.74 0.82 0.85 0.85

Supreme Court 1.22 1.10 1.10 1.00 0.98 0.97 ... ...

Court of Appeals 0.77 0.87 0.99 0.93 1.00 0.96 ... ... 1.24

Sandiganbayan 0.80 1.46 1.48 1.28 3.75 1.98 0.97 1.17 2.24

Court of Tax Appeals 0.74 0.78 1.10 0.84 0.72 0.73 0.71 1.21 1.28

Regional Trial Courts 0.69 0.71 0.72 0.68 0.64 0.69 0.79 0.79 0.78

Metropolitan Trial Courts

0.43 0.45 0.49 0.59 0.60 0.68 0.76 0.73 0.75

Municipal Trial Courts in Cities

0.59 0.64 0.73 0.79 0.75 0.87 0.84 0.88 0.93

Municipal Trial Courts 0.61 0.62 0.80 0.72 0.79 0.77 0.89 1.03 1.03

Municipal Circuit Trial Courts

0.64 0.67 0.73 0.75 0.80 0.76 0.95 1.12 1.16

Shari'a District Courts 1.06 1.03 0.78 0.81 2.80 1.5 1.17 0.77 1.65

Shari'a Circuit Courts 0.97 0.90 0.98 0.93 0.66 0.89 0.90 1.07 0.82

7 Section 412, 1991 Local Government Code

Party to a case trying to explain her side of

the story.

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Source: Supreme Court of the Philippines. Note: Court-case disposition rate is the ratio of total cases in a year over total cases filed. A ratio of less than 1 indicates an increasing backlog; greater than 1, decreasing backlog; and equal to 1 means that the backlog is being maintained.

Table 1.1, above, shows that the objective of KP to unclog the court’s dockets still resonates

today. In the last decade, the courts have been unable to dispose all the cases that are filed each

year, although the disposition rate has been going up, reaching 85% in 2007. There have been

successes in decongesting the dockets of the appellate, specialized and municipal trial courts.

However, the regional trial courts in cities and the regional trial courts have performed poorly

(see figures in red), as cases continue to pile up.

TABLE 1.2 VACANCIES IN THE JUDICIARY AS OF END-2008 FIGURE 1. 2 VACANCIES IN THE COURTS (BY

PERCENTAGE)

Source: Supreme Court

The problem of case backlog is also exacerbated by the number of vacancies in the courts. The

Supreme Court (2009) noted that 519 out of 2,290 judicial positions were unfilled by the end of

2008. That means a vacancy rate of 22.06% (See Table 1.2). And ninety-four percent (94%) of

these vacancies are in the municipal, city and trial courts, where the backlogs are also greater

(See Figure 1.2)

What implications can be derived from these statistics?

First, the need for alternative processes like the KP is more pronounced in urban areas and

population centers, since the unresolved court cases in these jurisdictions are also higher.

Second, resort to formal judicial channels will entail great loss of time. Lastly, it can be surmised

that there are too many disincentives to the filing of cases in courts - higher litigation costs as

trial drags on, opportunity costs, psychological impact of protracted trial, loss of income, etc. –

especially for the disadvantaged. Absent the KP, many of them will just sleep on their rights.

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As a United Nations worker aptly observed:

“Informal justice systems are often more accessible to poor and

disadvantaged people and may have the potential to provide quick, cheap

and culturally relevant remedies…They are the cornerstone of dispute

resolution and access to the justice for the majority of the population,

especially the poor and the disadvantaged in many countries, where

informal justice systems usually resolve between 80-90% of disputes

(Wojkowska, 2006, p.6).”

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Chapter 2

Performance and implementation

According to the 2007 baseline study conducted for the Access to Justice for the Poor Project, 98% of the total 41,995 barangays all over the country or around 41,155 barangays have functional barangay justice systems. This indicates a continuous increase from the data recorded in 1999 in a study funded by USAID, where 38,008 barangays out of the total 39,721 barangays at the time have a Lupong Tagapamayapa in place. Empirical studies on the effectiveness of the KP recognize two kinds of outcomes resulting from implementation: i.e., instrumental and intrinsic worth. The instrumental worth focuses on the contribution of the KP in de-clogging court dockets and thereby generating government savings. The intrinsic worth, on the other hand, measures the success of the KP in terms of behavioral changes in the community, and the access of vulnerable groups to some form of security, dispute resolution and justice apart from its role in de-clogging court dockets. Instrumental worth

The 2009 national summary report from the DILG Bureau of Local Government Supervision shows that out of the 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 remaining 15% of the cases were dismissed, repudiated, or remained pending. Out of the total number of settled cases, 52% were settled through mediation, 17% through conciliation and 3% through arbitration. The remaining 28% of the settled cases are not classified in the DILG summary report as these cases were settled prior to RA 7160 (See Figure 2.1). FIGURE 2.1 RESOLUTION KP CASES (1982-2008) -NATIONAL TOTAL Source: Own construction with primary data from DILG

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Based on the number of cases settled, the government estimates savings amounting to PhP 32.137 billion from 1980-2008. The estimate assumes that all of the settled cases would have been filed before the courts. The estimated government savings per case settled at the barangay in 2008 is PhP 9,500 per case. A historical trend of the number of total cases as well as those that were settled and certified from 1992 to 2008 is provided in Figure 2.2. The line for cases classified as “others” refers to dismissed, repudiated and pending cases. It may be observed that while the total number of cases filed before the Lupons surged and dropped over time, the number of settled cases significantly shadowed the trend. The number of cases settled has been significantly higher than those which have ended up in court (i.e. certified cases). The KP therefore can claim success in meeting its purpose of reducing the courts’ dockets. FIGURE 2.2 SETTLED CASES VS. CASES CERTIFIED FOR FILING IN COURT (1980-2008)

Source: Own construction with primary data from DILG

Attitude Change The implementation of the KP is also important in itself, with or without regard to its contribution in de-clogging court dockets. A study by Prof. Alfredo Tadiar in 1984 shows that through the KP, members of the community developed high regard to settling interpersonal disputes (Villarin and Dayag-Laylo, n.d.). Another study by Prof. Fernando Zialcita in 1989 confirms this intrinsic worth as the charismatic legitimacy people attribute to the KP, which empowers members of the community to settle their disputes among themselves (Villarin and Dayag-Laylo, n.d.). In a more recent impact study conducted by the Gerry Roxas Foundation (2006) for the Dalan Kalinaw Mindanaw Project, disputes were prevented from escalating into violent and bloody conflicts in the project areas especially regarding land disputes and family feuds. Participation in community projects and activities also increased including inter-ethnic collaboration, which contributed to peace in the communities.

-

50,000

100,000

150,000

200,000

250,000

300,000

350,000

400,000

450,000

Nu

mb

er

of

Cas

es

Year

total

settled

certified

others

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The Tadiar study identified the following factors that contributed to the effectiveness of the KP: processing speed, use of local language in the proceedings, informal atmosphere, low costs, adaptable schedule of hearings, and the absence of lawyers. The last factor, which made the KP as a conciliatory approach or “delegalized” rather than confrontational, was highlighted in two other papers by Associate Justice Cecilio Pe and former DILG Director Gaudioso Sosmena (Villarin and Dayag-Laylo, n.d.).

Some studies also utilize Social Weather Station surveys on the awareness, knowledge, trust and satisfaction levels of the people on the KP. The Barangay Justice System Review undertaken by Villarin and Dayag-Laylo (n.d.) cites results of the SWS national surveys. Based on these surveys, there is a high level of satisfaction on the KP for those who have previously experienced settling dispute through the KP nationwide and over time. For instance, net satisfaction ratings are +59 in December 1993, +57 in November 1994, +69 in April 1995 and +54 in December 1995. During the 1999 survey, greater satisfaction was observed among complainants belonging to the poorest class 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 net satisfaction ratings from judges have gradually improved as shown in Table 2.1.

TABLE 2.1 JUDGES LEVEL OF SATISFACTION WITH THE KP SYSTEM

Source: Social Weather Station

1995-1996 2003-2004 2005-2006

Net Satisfaction -53 -31 -19

Satisfied 22 34 38

Not Satisfied 75 65 57

Undecided 2 1 3

Case 2 Cooling off

“Mabuti na na may kaharap

ng iba. Kapag sa bahay lang

ay sagutan lang at baka

magkasuntukan pa. Dito

may disiplina”, said Luz as

she explained why she went

to the KP to file her

complaint against Jose.

Jose, who is Luz’ cousin and

neighbor, is the respondent

in the case. Jose’s and Luz’

families share a common

toilet. Jose, aghast by the

smell coming from the toilet

demolished the structure.

He complained that the

other users failed to keep it

clean.

On a later date, Luz accused

Jose of stealing her

firewood. He flared up and

allegedly threatened to kill

her.

The pangkat tagapamayapa

had to adjourn the first

hearing because the parties

kept on bickering. The

pangkat thought it was best

to give them time to let off

some steam and encouraged

them to have an open line of

communication in between

hearings.

On the second hearing, the

parties were already open

to settlement. Jose agreed to

rebuild the toilet, upon the

prodding of the pangkat

members, who pointed out

that he had no right to

destroy property co-owned

by his neighbors. He also

signed an “agreement” not

to threaten Luz .

All’s well that ends well.

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Issues encountered in KP Implementation

The Barangay Justice System Review conducted a series of workshops in 2000 that brought together barangay officials, lupon members, and representatives from NGOs, POs, DILG, DOJ and the Supreme Court. Among the major issues identified during the workshops include:

Disputants regard the KP as being merely an additional bureaucratic level for the lone

purpose of securing a certification to file action. Perceived partiality on the part of the barangay captain and Lupon members. Non-appearance of respondents during hearings. Lack of funds for KP operations. Lupon and other barangay officials cannot enforce the agreements reached during the

settlement. Insufficient knowledge and skills among Lupon members on the KP law and on

mediation and conciliation. The issue of gender sensitivity of those administering the KP was raised during all of

the workshops.

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Chapter 3

Inside the University is a Community:

KP implementation in Barangay UP Campus

Situated along C.P. Garcia corner

C.V. Franciso, Pook Amorsolo,

Barangay UP Campus beats at the

heart of the top school in the

country—the University of the

Philippines, Diliman in Quezon

City.

Thirty four (34) years since its

formation, Barangay UP Campus

now serves twenty-three

thousand (23,000) inhabitants

residing in the community’s

sixteen (16) pook or areas. Of the

total population, 60% belongs to

the urban poor communities, 20%

in the middle-lower families, 15%

in the middle-upper families, and

the remaining 5% belongs to the

community’s upper class.

Lupong Tagapamayapa

The punong barangay, Isabelita Gravides, appointed thirteen (13) Lupong Tagapamaya

members at the start of her term on December 1, 2007. Out of this number, nine (9) are women

and four (4) are men.

The members of the Lupon were selected based on their individual qualifications as stated and

mandated by the Local Government Code8. But Ms. Gravides also considered certain personal

traits in making her appointments, such as:

o Ability to remain calm in stressful situations

o Resourcefulness

o Open-mindedness

o Cooperativeness

The average age of the current Lupon members is sixty four (64) years old. Ten (10) of them

have college degrees. It can be inferred that community standing was an important

consideration in their appointments. High educational attainment is valued in Philippine

8 Section 399

Barangay UP Campus was established on June 25, 1975 through EO 24

by then City Mayor Norberto Amoranto.

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society. Standing also comes with age, perhaps more so than with

educational attainment. Moreover, being long-time residents of the

barangay, the senior KP members may know most of the members

of the community – a plus for a conciliator. Deputy Chairman

Patronicio Abejo also said that since most of the Lupon members

are retirees, they have more time to deal with the KP cases,

increasing the case disposition rate.

Barangay Justice Work

The Lupon work starts at 8:30 a.m. and ends at 11:30 a.m. Upon

arrival, it is a protocol to review the cases to be heard on that day,

which are filed in separate folders.

But in some instances, the Lupon agrees to hold the hearings in the

evening so that for the convenience of the parties who have day

jobs. Prior notice to the Lupon is needed so that it can make the

arrangements.

On the average, the Lupon receives sixty three (63) disputes each

month. The parties usually come from the middle and lower

income classes.

Civil cases take longer to settle than criminal complaints. Civil cases

consist mostly of ejectment cases and the settlement of debts, while

criminal cases mostly involve physical injuries. Others concern

boundary disputes among lot owners (See Annex 1). Debt payment

cases often drag on even after final settlement is made due to the

continuous follow-up to ensure compliance with the payment

schedule.9

Due to past incidents, the Lupon

has required the presence of a

member of the BSPO during the

initial confrontations between

parties, noting the fact that first

meetings are usually very heated

and tense, while the parties tend to

calm down during subsequent

hearings.

There is also an officer-in-charge

assigned for each hearing day, who

moves around observing each case.

This is to ensure the safety of other

9 These observations are taken from the Villarin and Dayag-Laylo paper (n.d.), where Barangay UP was

also used as case study.

Insights

Participation of senior

citizens in the KP

contributes to higher

disposition rate, since they

have more available time.

Their standing in the

community also contributes to

the effectiveness of the Lupon.

Most of those served by

the KP are from the poor

and middle income

households, which

highlights the role of KP in

providing justice to

disadvantaged groups.

NGO-Barangay

engagements have greatly

supported the capacity

building of Barangay UP’s

KP. Access to the trainings

provided by the institutes

and centers in the UP

campus also enhanced the

ability of Barangay UP to

implement KP properly.

The Barangay recognizes

a need to educate the

community about KP. This

is an important task since

the effectiveness of

alternative dispute

resolution mechanisms

depends on a consistent and

meaningful exposure of

communities to them

(Pangalangan, 2001).

The Barangay Justice Office

opens at 8:30 a.m. and closes at

11:30 a.m.

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Lupon members, since violent altercations occasionally occur and there must be someone who

can act immediately to diffuse the situation.

The Creation of a Strong Lupong Tagapamayapa

When she assumed office, Gravides envisioned a competent Lupong Tagapamayapa for the

barangay. To achieve this end, she implemented a three-point program with the following

components:

a) Creation of an effective organizational structure

b) Training and development

c) Integration of technology in the KP system

Effective Organizational Structure

Gravides organized three (3) working committees to provide support services for the KP:

Monitoring Team

Its primary task is to visit the different pook or areas within the barangay to:

Conduct ocular inspection of the place/area disputed

Visit the complainant or respondent’s house who refuses to attend scheduled hearings

Coordination with the pook coordinators

Education Committee

This committee is primarily tasked to inform and

educate the residents regarding the KP. One way

they do this is to have a ready flowchart at the

Barangay Justice Office on the procedures on how

a case is handled (Annex 2). Committee members

also visit the sixteen (16) areas of Barangay UP

Campus to discuss the significance of the

Katarungang Pambarangay, its processes and

procedures as well as the different laws that

concern the various disputes filed at KP.

This committee also leads the KP Information and

Education Campaign Project and organizes

trainings for the members of the Barangay

Protection and Security Office, Family and

Community Healing Center, and the Barangay

Council for the Protection of Children.

The Barangay Justice Office is divided into three

(3) partitions to simultaneously hear cases which

are on the average eight (8) per day

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Research Committee

Scrutinizes and studies the pending cases that need immediate action

Checks which cases have not paid the required filing fees and reminds the parties on

certain requirements to the case

Assists the Barangay Secretary and the Technical Staff in the systematic maintenance

and safekeeping of records, reports and other documents pertaining to KP

Prepares pertinent documents for case presentations, incentives, awards, and ways to

amicably settle the cases handled

Partners with different organizations and groups for trainings, workshops and seminars

that can help enhance the knowledge and skills of all the members of the Lupon

Training and Development

Attendance and participation in

government-provided and NGO-

organized trainings, seminars, and

workshops are strongly encouraged in

the members of the Lupon.

The following are some of the trainings

and workshops they have attended:

General Assembly, Workshop

and Fellowship sponsored by Councilor

Malaya, July 13, 2008, Amoranto Multi-

Purpose Hall, Barangay Paligsahan,

Quezon City

Seminar on KP and Safety

Preparedness organized by the

Sangguniang Barangay

Training-Workshop on Effective Dispute Resolution and Mediation Processes sponsored

and organized by the Sangguniang Barangay with support from Misereor-Katholische

Zentralstelle Fur Entwicklungshilfe (KZE), February 27-29, 2008, Daza Hall, Barangay UP

Campus, Diliman, Quezon City

Enhancement Training Seminar on KP for Quezon City Lupong Tagapamayapa

sponsored by City Mayor Sonny Belmonte, September 5-6, 2008, Carlos Albert Session

Hall, 3rd Floor, Legislative Wing, Quezon City Hall

Trainer’s Training on Effective Dispute Resolution and Mediation Processes sponsored

by MedNet

Seminar on RA 9262 or the Anti-VAWC Law sponsored by the UP College of Law

students in partnership with Sentro ng Alternatibong Lingap Panligal (SALIGAN),

September 23, 2009, Daza Hall, Barangay UP Campus, Diliman, Quezon City

Training on Anti-Violence Against Women and Their Children

given to the Lupong Tagapamayapa and other barangay

officers on September 23, 2009

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Integration of Technology in the KP System

Katarungang Pambarangay Electronic System

To better facilitate the monitoring of KP cases, Katarungang

Pambarangay Electronic System (KPES) has been implemented

to help in the processing of information pertaining to various

cases filed. It was designed by Conrado “Jong” San Pedro, a

former Barangay Secretary during his term from 1997-2001,

for the easy facilitation or processing of cases filed through the

following:

Instant printing of summons/notice of hearing

Automatic case numbering

Automatic checking and corrections of conflicting

hearing schedules

Reporting of the statistics of cases filed at KP based on

classification of cases and the places of commission

Printing of hearing schedules

Through this computerization project, it is now easier to

determine how many cases are handled each month, the status

of each case which is better facilitated by the automatic case

numbering and automatic classification function of KPES, and

the determination of the number of cases found in each pook or

area.

Manuals and Brochures

The Lupong Tagapamayapa also created manuals of the

different KP processes and procedures. Every Lupon member

takes time to explain these to the disputants during the first

face-to-face conciliation, or individually in the case of shuttle-

mediation. The shuttle-mediation is an approach wherein the

pangkat conducts investigations and negotiations with parties

separately, until such time that a solution to their conflict is

arrived at.

Brochures and primers are also distributed to each pook or

area through the BPSO and the pook coordinators (See Annex

3). The aim is to provide materials to the residents on how they

can benefit from KP.

Making minds meet:

Conciliation techniques based

on actual cases observed

The Lupon often ask the

parties to consider how their

dispute has affected their

relationship, banking on the

parties’ personal histories to

convince them to reconcile.

The Lupon members always

paraphrase the issue raised or

statement made by each party in

order to clarify what each meant.

This ensured that the

sentiments of the parties are

clearly communicated to all

involved, especially crucial when

parties are so impassioned that

they are unable to articulate

themselves clearly.

The Lupon members were

able to remain calm and collected

during the duration of their

respective hearings, no matter

how heated the discussions

became. They were also able to

minimize snide comments and

hostile remarks from the

parties, which usually aggravate

the animosity. Moreover, no

Lupon member displayed

aggressive behavior in any

proceeding.

When a case is settled, the

Lupon also ensured the

agreements of the parties are

reduced in writing and carefully

read to them. They check if the

parties fully understand the

document, before asking the

parties to sign. This practice

bolsters the disputants’

confidence in the Lupon.

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Cases Handled

For the period of August 2008 to June 2009, Barangay UP Campus handled seven hundred fifty

nine (759) cases. Out of the total number of cases handled during the year, only 60% were

settled. This is 19 points below the national average in 2008. This could be one reason why it

has not received a Lupong Tagapamayapa Incentive Award given by the DILG during that period

since one of the criteria to the award is a minimum settlement rate of 80%. The contributing

factor to their low settlement rate is the dismissal of a number of cases filed before them (24%).

This is mainly due to the non-appearance of the respondents in the scheduled hearing (Villarin

and Dayag-Laylo, n.d.). The limited number of BPSOs in the barangay to follow up on the

respondents may also contribute to their non-appearance.

FIGURE 3.1: CASES FILED BEFORE THE BARANGAY UP’S KP (AUGUST 2008-JUNE 2009)

Source: Own construction with primary data from Barangay UP Campus

In the cases settled, 10% were resolved through conciliation while 90% were resolved through

mediation (See Figure 3.1). It is significant to note that none of the cases was settled through

arbitration.

Based on the number of cases settled, it can be estimated that the government saved PhP 4.807

million (see Chapter 2) if it is assumed that these cases would have been filed before the courts.

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FIGURE 3.2 CASES FILED BEFORE BARANGAY UP’S KP BY TYPE (AUGUST 2008-JUNE 2009)

Source: Own construction with primary data from Barangay UP Campus

As to the nature of the cases, 76% of the total number is categorized as criminal cases, 12% as

civil while the remaining 12% as others. As pointed out previously, the civil cases take more

time to settle than the criminal cases which mostly involve physical injuries.

0

20

40

60

80

100

120

No

. of

case

s

Barangay UP Campus Cases 2008-2009

Others

Civil

Criminal

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Chapter 4

Anti-VAWC Training for Barangay UP officials

On September 23, 2009, the group

organized a workshop on the Anti-

VAWC Law10 for Barangay UP officials.

This was requested by Barangay UP to

contribute to its officials’

understanding of their roles and

responsibilities under this law and to

the law’s effective implementation.

The group invited Atty. Bobby Sta.

Maria of SALIGAN (Sentro ng

Alternatibong Lingap Panligal), a legal

resource, NGO doing developmental

legal work with women, workers,

farmers and fishers, the urban poor,

and local communities as guest speaker. A graduate of the UP College of Law, Atty. Sta. Maria is

a staff lawyer of SALIGAN’s women, local governance and urban poor programs.

Among the workshop participants were barangay councilors and members of the Lupon

Tagapamayapa, counselors and other personnel of the Family and Community Healing Center, a

barangay office that provides gender-sensitive counseling, education, and training for the

survivors of VAWC. Representatives from the Barangay Council for the Protection of Children

and Barangay Health Workers were also invited.

Lecture outline

Atty. Sta Maria lectured on the salient points of RA 9262, which included the following:

Policy bases VAWC as a public crime Cases that may be filed Who may commit violence against women Forms of violence Venue for filing The battered woman syndrome Prohibited defense Program for perpetrators Entitlement to leave Other features

10 RA 9262 (2004).

Some of Barangay UP Campus officials, Lupon members and

health workers

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A detailed lecture on the Barangay Protection Order followed. The topics covered were:

What is a Barangay Protection Order? Where should the application for a

BPO be filed? When should the application for a

BPO be processed and issued? Who may file a BPO application? How is an application for BPO filed? What is the effectivity and

enforceability of a BPO? What else must the barangay do after

issuing the BPO? What happens when there is a

violation of the BPO?

VAWC is a public crime

Atty. Sta. Maria stressed that VAWC is not only an offense against the wife or the victim, but also

against the public. Hence, a complaint may be filed by ANY CITIZEN having personal knowledge

of the circumstances surrounding its commission. This is allowed even absent the consent of the

victim.

One of the attendees noted that even if violence against women and their children is designated

as a public offense, barangay officials often find it difficult to file a case without the consent of

the victim or survivor. According to them, it is not uncommon for the sympathy of a victim

towards her abuser to prevail causing the victim to abandon her complaint.

Admittedly, proving the offense becomes difficult, without the consent and the participation of

the victim. In such case, Atty. Sta. Maria said that the personal knowledge of the complainant

would have to be relied on; i.e., what the officials have personally heard and seen.

Dropped cases Atty. Sta. Maria also explained that there

are countless factors why women often get

disheartened in pursuing their cases.

Economic factors and regard for traditional

Filipino values, such as “keeping the family

together” and “sanctity of marriage”, come

into play.

She advised the officials to empathize with

these women, instead of getting

exasperated. She also emphasized the

need to strengthen the support services for

Attorney Sta. Maria of SALIGAN discussing the Anti-

VAWC law

Barangay official recounting stories and experiences on

cases under RA 9262(Anti-VAWC)

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these victims, as these strengthen their will to fight for their rights.

Limited Knowledge on VAWC

A frustrating problem for VAWC implementation is the limited knowledge of prosecutors on the

Anti-VAWC Law. They, at times, dismiss the case when filed by a person other than the victim.

Atty. Sta. Maria explained that her group’s usual recourse is to file a motion for reconsideration

with the Justice Department.

It is also common for RTC judges to fail to issue the temporary protection orders (TPO), even if

it is mandated by law. But there are exceptional RTCs such as one in Quezon City, which already

practice the issuance of “continuing TPO’s”, by ordering the automatic renewal of the 30-day

TPO until a permanent protection order is given by the court.

Progressive Jurisprudence

According to the speaker, the limited knowledge of our court officers regarding the Anti-VAWC

Law may be explained by the fact that RA 9262 is a fairly recent law and there is limited

jurisprudence on it. Hence, advocates must keep litigating VAWC cases to enrich jurisprudence

favorable to women and their children’s protection. She encouraged the barangay officials not

give up and appeal the adverse rulings of courts. One result of such legal advocacy is our

jurisprudence recognizing the battered women syndrome.

Incidentally, one of the participants asked how they can prove the existence of the battered

woman syndrome. The speaker explained that this can be proved by expert opinion from

psychologists. There are psychologists whom they can turn to for expert testimonies and who

offer their services free of charge.

Conciliation in VAWC cases

The barangay officials said that they understand the prohibition against conciliation and

mediation in VAWC cases. But they complained that the police oftentimes do not follow this rule.

It is a usual practice for barangay officials to immediately accompany a victim of abuse to the

police station to file a report. However, there

were instances when police officers themselves

actively asked the parties to reconcile rather

than work to file a complaint with the

Prosecutor’s Office.

Atty. Sta. Maria said that administrative cases

can be filed against these officers. She further

suggested that the barangay officials proceed

with filing the complaint, even without the

assistance of police officers.

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Barangay Protection Orders (BPO)

While the barangay officials are familiar with the process of issuing BPOs, they are often

stumped when faced with a violation thereof.

Atty. Sta. Maria underscored the fact that a BPO violation is punishable by an imprisonment of

30 days, without prejudice to other criminal or civil liabilities. She encouraged the barangay

officials to file cases before the Metropolitan Trial Courts as a remedy to such violations.

Another limitation of the BPO is that it is only effective within the barangay, which issued it.

The speaker highlighted the barangay’s duty to assist the victim in filing a VAWC case with a

Family Court within 24 hours from the issuance of the BPO. Through the court case, the victim

can secure a TPO11, which is issued ex parte and enforceable anywhere in the Philippines. If

prior to such issuance, the victim transfers residence, she can also secure a BPO from her new

barangay.

Atty. Sta. Maria advised the barangay officials to

assist the victim financially, when economic

factors prevent the victim from filing her case in

court, that is, if the barangay has the resources.

She stressed that the implementation of this law

calls for the participation and the help of all the

members of the community.

Some observations

The understanding of the barangay officials of the Anti-VAWC law and their roles was notable.

The barangay benefitted from its engagements with NGOs, which provided capacity-building for

its officials. This government-NGO interaction can serve as a model for other barangays.

National government agencies should assist in forming such linkages and provide resources to

allow these partnerships to grow.

It is also noteworthy that they continue to help victims, who have been abused repeatedly but

kept pardoning their abusers. Officials should never stop rendering aid even when the victims

fail to cooperate or waver in pursuing their cases. Rather, they should try to understand the

different reasons behind such indecisiveness and help address them.

The officials also shared some interesting strategies in keeping a victim’s resolve to file a case

against her abuser. For instance, they work to put the abuser in detention; thereby limiting

11 The TPO is issued by a court where a VAWC case is filed. It is issued ex parte and effective for thirty

days. Some courts have used the so-called “continuing TPOs”, an order allowing the automatic renewal of

the TPO after the expiration of the 30 days, until a permanent protection order is issued at the conclusion

of the trial.

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contact between him and the victim. They also discourage the victim from visiting the abuser in

jail to prevent the latter from exploiting the former’s sympathy and discouraging her from

pursuing the case. They keep to this plan until a case has already been filed and the needed

affidavits have all been given.

At the end of the training, the research group gave

Barangay UP Campus a CD-copy of Payong Kapatid,

a video presentation of Professor Rowena Guanzon

on the Anti-VAWC law as broadcasted in ABS-CBN in

March 2006 to serve as a ready reference of the

Lupon in handling its VAWC cases.

Tokens given to the barangay for

accommodating our research project

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Bibliography

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of the Philippines Diliman.

Department of Interior and Local Government – Bureau of Local Government Supervision.

(2009). National summary report on Katarungang Pambarangay. Manila: DILG.

Department of Interior and Local Government – Bureau of Local Government Supervision.

(2009). Lupong Tagapamayapa Incentives Awards CY 2008 annual report. Manila: DILG.

Gerry Roxas Foundation. (2006). Impact assessment of Barangay Justice Service System V - Dalan

sa Kalinaw Mindanaw. Manila: USAID.

Golub, Stephen.(2003). Non-state justice systems in Bangladesh and the Philippines. London: UK

Department of International Development.

Pangalangan, Raul (Ed.). (2001). The Philippine judicial system. Tokyo: Institute of Development

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Redshaw, Felipe Ureta, et. al. (2007). Baseline study report for the Access to Justice for the Poor

Project. Manila: European Commission.

Supreme Court of the Philippines. (2009). Annual report 2008. Manila: Supreme Court.

Villarin, Tomasito and Carijane Dayag-Laylo. (n.d.). The barangay justice system review. Manila:

The Asia Foundation et al.

Wojkowska, Ewa. (2006). Doing justice: How informal justice can contribute. Oslo: UNDP.