2009

Understanding the
Katarungang
Pambarangay
Justice at the grassroots

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.
 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
1

Table 2.1: Judges level of satisfaction with the KP system

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Annex 1: Cases Observed

Annex 2: Barangay UP’s KP Flowchart in Handling Cases
Annex 3: Barangay UP’s Brochures
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
3

by DILG-NCR.
Page

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
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.

4
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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 H ANKS 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.
5
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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

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.

6
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5 2006 NSO Poverty Statistics

 Case 1

All in a day’s work.

Access to justice
Miguel and his nephew
were having beer in front of
Indeed, greater access to justice was the declared policy behind the
their house, when
institutionalization of KP, first under PD 1508 and later, BP 337
respondent, Arthur, passed
(1983 Local Government Code). It is also the rationale behind the
by. He allegedly bad
expanded jurisdiction and powers of the KP under RA 7160 (1991
mouthed them, resulting in
Local Government Code), which repealed the two previous
an argument. Arthur
legislation.
attacked Miguel, causing
injuries that required some
The level of access is measurable on three levels: (1) the number of
stitches.
mechanisms from which citizens are able6 and willing to choose (2)
the physical availability of these mechanisms and (3) the speed by On the first hearing, the
which the disputes are resolved. respondent immediately
admitted what he did. The
Currently, there are various alternative modes of dispute pangkat members, sensing
settlement under the Arbitration Law [RA 876, (1953)], Rule 18 of the willingness of the
the Rules on Civil Procedure (pre-trial conference), and the parties to settle the issue,
Alternative Dispute Resolution Act [RA 9285(2004)]. However, reinforced this attitude by
these still involve legal procedures and employ jargons that can be encouraging them to talk to
daunting to non-lawyers. The lack of understanding of these formal each other and state their
mechanisms – due to unfamiliarity with the language used, complex demands, while the KP
procedures, and low level of legal literacy – are the usual reasons members observed.
cited by the underprivileged for not resorting to the formal justice
system (Wojkowska, 2006). Miguel said that he was no
longer seeking damages to
In the KP system, the parties are in familiar surroundings and reimburse him for his
discuss the issues with fellow members of the community, who may medical expenses. He
be acquaintances and use familiar language. The discussion also merely wanted assurance
takes the air of informality; jokes are oftentimes made to lower the that the incident will not be
tension between parties. These may be the reasons why many of repeated and an apology
the parties interviewed for this project said that the barangay was from Arthur. The latter
their first choice of venue for settling their problems. agreed to the demands.

A Lupon member said that

The KP process is also physically accessible to the parties since the
the case was easily settled
venue is the barangay itself where they reside or work; that means
because the parties agreed
less transportation costs. The filing fee is also minimal (PhP 100)
to stipulate the facts
and there is no need to pay lawyer’s fees and other litigation costs.
pertaining to the cause of
the injury. It also helped
Finally, it is faster than court proceedings, with problems settled in
that the victim was able to
a matter of days or weeks rather than years, typical in court
sense humility on the part of
litigation (Golub, 2003). In one KP case observed for this paper, the
the respondent.
conflict between the disputants (involving physical injuries) was
7 Page

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.
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). ”

Party to a case trying to explain her side of

Decongesting the courts’ dockets the story.

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 0.43 0.45 0.49 0.59 0.60 0.68 0.76 0.73 0.75
Courts
Municipal Trial Courts 0.59 0.64 0.73 0.79 0.75 0.87 0.84 0.88 0.93
in Cities
Municipal Trial Courts 0.61 0.62 0.80 0.72 0.79 0.77 0.89 1.03 1.03
Municipal Circuit Trial 0.64 0.67 0.73 0.75 0.80 0.76 0.95 1.12 1.16
Courts
8

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

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

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
9

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

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

10
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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

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Source: Own construction with primary data from DILG

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)

450,000

400,000

350,000
Number of Cases

300,000

250,000
total
200,000
settled
150,000
certified
100,000 others

50,000

Year
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
12

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
Page

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.
 Case 2 Cooling off
The Tadiar study identified the following factors that contributed to “Mabuti na na may kaharap
the effectiveness of the KP: processing speed, use of local language
ng iba. Kapag sa bahay lang
in the proceedings, informal atmosphere, low costs, adaptable
schedule of hearings, and the absence of lawyers. The last factor, ay sagutan lang at baka
which made the KP as a conciliatory approach or “delegalized” magkasuntukan pa. Dito
rather than confrontational, was highlighted in two other papers by may disiplina”, said Luz as
Associate Justice Cecilio Pe and former DILG Director Gaudioso she explained why she went
Sosmena (Villarin and Dayag-Laylo, n.d.). to the KP to file her
complaint against Jose.
Some studies also utilize Social Weather Station surveys on the
awareness, knowledge, trust and satisfaction levels of the people on Jose, who is Luz’ cousin and
the KP. The Barangay Justice System Review undertaken by Villarin
neighbor, is the respondent
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 in the case. Jose’s and Luz’
KP for those who have previously experienced settling dispute families share a common
through the KP nationwide and over time. For instance, net toilet. Jose, aghast by the
satisfaction ratings are +59 in December 1993, +57 in November smell coming from the toilet
1994, +69 in April 1995 and +54 in December 1995. During the demolished the structure.
1999 survey, greater satisfaction was observed among He complained that the
complainants belonging to the poorest class compared to those
other users failed to keep it
from the higher economic classes. This particularly confirms the
importance of the system to vulnerable groups. Most of those who clean.
are satisfied with the system indicated case settlement as their
primary reason. On a later date, Luz accused
Jose of stealing her
In contrast to the general public, lawyers are less satisfied with the firewood. He flared up and
KP based on SWS survey results in 1995-1996. For instance, net allegedly threatened to kill
satisfaction ratings from lawyers is -16 in National Capital Region, her.
-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. The pangkat tagapamayapa
Results of SWS surveys in subsequent years, however, showed that had to adjourn the first
net satisfaction ratings from judges have gradually improved as
hearing because the parties
shown in Table 2.1.
kept on bickering. The
pangkat thought it was best
TABLE 2.1 JUDGES LEVEL OF SATISFACTION WITH THE KP SYSTEM to give them time to let off
some steam and encouraged
1995-1996 2003-2004 2005-2006 them to have an open line of
communication in between
Net Satisfaction -53 -31 -19
hearings.
Satisfied 22 34 38 On the second hearing, the
Not Satisfied 75 65 57 parties were already open
Undecided 2 1 3 to settlement. Jose agreed to
rebuild the toilet, upon the
13

Source: Social Weather Station prodding of the pangkat

members, who pointed out
Page

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.

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.

14
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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%
Barangay UP Campus was established on June 25, 1975 through EO 24 in the middle-lower families, 15%
by then City Mayor Norberto Amoranto.
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
15

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
Page

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

8 Section 399
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).
9These observations are taken from the Villarin and Dayag-Laylo paper (n.d.), where Barangay UP was
also used as case study.
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
16
The Barangay Justice Office
moves around observing each case.
This is to ensure the safety of other
Page
opens at 8:30 a.m. and closes at
11:30 a.m.
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
17

Protection and Security Office, Family and

Community Healing Center, and the Barangay
Page

The Barangay Justice Office is divided into three

Council for the Protection of Children. (3) partitions to simultaneously hear cases which
are on the average eight (8) per day
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
Training on Anti-Violence Against Women and Their Children
Seminar on KP and Safety
given to the Lupong Tagapamayapa and other barangay
officers on September 23, 2009 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),
18

September 23, 2009, Daza Hall, Barangay UP Campus, Diliman, Quezon City
Page
Integration of Technology in the KP System Making minds meet:
Conciliation techniques based
Katarungang Pambarangay Electronic System
on actual cases observed
To better facilitate the monitoring of KP cases, Katarungang
Pambarangay Electronic System (KPES) has been implemented The Lupon often ask the
to help in the processing of information pertaining to various parties to consider how their
cases filed. It was designed by Conrado “Jong” San Pedro, a dispute has affected their
former Barangay Secretary during his term from 1997-2001, relationship, banking on the
for the easy facilitation or processing of cases filed through the parties’ personal histories to
following: convince them to reconcile.

Instant printing of summons/notice of hearing The Lupon members always

paraphrase the issue raised or
Automatic case numbering
statement made by each party in
Automatic checking and corrections of conflicting
order to clarify what each meant.
hearing schedules
This ensured that the
Reporting of the statistics of cases filed at KP based on
sentiments of the parties are
classification of cases and the places of commission
clearly communicated to all
Printing of hearing schedules
involved, especially crucial when
Through this computerization project, it is now easier to parties are so impassioned that
determine how many cases are handled each month, the status they are unable to articulate
of each case which is better facilitated by the automatic case themselves clearly.
numbering and automatic classification function of KPES, and
The Lupon members were
the determination of the number of cases found in each pook or
able to remain calm and collected
area.
during the duration of their
Manuals and Brochures respective hearings, no matter
how heated the discussions
The Lupong Tagapamayapa also created manuals of the became. They were also able to
different KP processes and procedures. Every Lupon member minimize snide comments and
takes time to explain these to the disputants during the first hostile remarks from the
face-to-face conciliation, or individually in the case of shuttle- parties, which usually aggravate
mediation. The shuttle-mediation is an approach wherein the the animosity. Moreover, no
pangkat conducts investigations and negotiations with parties Lupon member displayed
separately, until such time that a solution to their conflict is aggressive behavior in any
arrived at. proceeding.

Brochures and primers are also distributed to each pook or When a case is settled, the
area through the BPSO and the pook coordinators (See Annex Lupon also ensured the
3). The aim is to provide materials to the residents on how they agreements of the parties are
can benefit from KP. reduced in writing and carefully
read to them. They check if the
19

parties fully understand the

Page

document, before asking the

parties to sign. This practice
bolsters the disputants’
confidence in the Lupon.
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.
20
Page
FIGURE 3.2 CASES FILED BEFORE BARANGAY UP’S KP BY TYPE (AUGUST 2008-JUNE 2009)

120

100

80
No. of cases

60
Others
40
Civil
20 Criminal
0

Barangay UP Campus Cases 2008-2009

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.

21
Page
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
Some of Barangay UP Campus officials, Lupon members and
legal work with women, workers, health 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
22
Page

10 RA 9262 (2004).
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?
Attorney Sta. Maria of SALIGAN discussing the Anti-
VAWC law

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
23

into play.
Page

She advised the officials to empathize with

these women, instead of getting
exasperated. She also emphasized the
Barangay official recounting stories and experiences on
need to strengthen the support services for cases under RA 9262(Anti-VAWC)
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.
24
Page
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
25

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

11The 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.
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

26
Page
 Bibliography

Barangay UP Campus. (2009). Executive Summary of Accomplishments. Quezon City: University

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
Economics.
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.

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