www.allsubjectjournal.com – cabrejas http://pro10.pnp.gov.ph/downloads/bpatmanual.pdf http://www.ncc.gov.ph/files/del_camat_bpo.pdf http://www.asiapacificmediationforum.org/resources/2008/28-RACHEL_S.AQUINO.pdf http://www.chanrobles.com/localgov3.htm#.Vcj7L3qqqkq – local govt code 1 Five Municipal Case Studies on the Philippine Barangay (Village) Mediation System1 By Rachel S. Aquino Mediators Network for Sustainable Peace, Inc., Philippines
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[email protected] Abstract Three villages each in five municipalities were studied as a method for assessing the Barangay (village) mediation system as an avenue for access to justice by the poor in the Philippines, especially poor women and children. The assessment were meant to provide recommendation on amendments to the current Katarungang Pambarangay (Village Justice) Law and strengthen the system by infusing institutional changes. It was found that in general , there is a wide variety of practices and interpretation of the Katarungang Pambarangay Law. Practices differ from one barangay to another. The KP Law, while generally observed, is ignored when impracticable, and local variations are concocted. Practices are adapted on local conditions, and based on convenience and practical considerations. This is most evident in the process of selecting Lupon Tagapamayapa (village mediation committee) members. However, more often, the composition of the Lupon Tagapamayapa becomes a moot and irrelevant question. There are many other actors involved in dispute resolution. More than the Lupon Tagapamayapa, it is the barangay captain (village chief), barangay kagawad(village councilmen), purok (area) leaders and traditional elders who are the front liners in dispute resolution. Only in urban areas were the Pangkat Tagapagkasundo (conciliation panel) is constituted, and often, the disputants do not have a say on its composition. Lupons are largely active in urban areas; the farther the village is from the urban center, the less cases are reported in the barangay, and the less frequent the Lupon is constituted. This is probably because the opportunities for crime are present in urban areas, and less so in areas far from the center. The profile of Lupong Tagapamayapa members surveyed is very telling: on the average there are 10-14 members, but urban areas would most likely have more than that, because of the high caseload. Lupon Tagapamayapa members are mostly males, with barangays even having 100% male members. Women are a minority. Most LT members are middle-aged. There is little distinction made between mediation, conciliation and arbitration. Disputants hardly have a say on how their cases are to be disposed of. Oftentimes, the barangay captain employs a combination of mediation and arbitration. Moslem and indigenous practices are still very influential. Even in mixed communities, when one or both parties are Moslems, the barangay officials seek the help of datus, imams and Ulamas in resolving disputes, instead of referring the cases to the Lupon Tagapamayapa. In disputes involving indigenous peoples, barangay officials refer the case to the tribal chieftains and councils. 1 Research made possible with the support of the European Commission and the Local Government Academy, Department of the Interior and Local Government of the Republic of the Philippines. 2 The processes are mostly open to the public, unless the parties request closed-door sessions or unless the barangay captain and lupon tagapamayapa members decide otherwise. The paper recommends amendments to the Katarungang Pambarangay Law meant to infuse institutional strengthening mechanisms. Recommendations include making the composition of the lupong tagapamayapa more gender-age and culturally balanced; limiting the role of the barangay captain in mediating cases; making arbitration compulsory after mediation has failed; and requiring confidentiality and privacy of mediation processes. The proposed amendments to the KP Law are meant to embody greater citizen participation, with citizens exercising their right to choose their preferred dispute resolution mode (mediation, arbitration or formal court processes), having a greater voice on who will facilitate the resolution of their disputes, and generally having control over decisions on matters that affect their lives. 3 I. Background One of the focus mechanisms for accessing justice for the poor at the lowest levels is the Barangay Justice System (BJS). The BJS or the Katarungang Pambarangay (KP) was institutionalized through Presidential Decree 1508, promulgated in 1978, and the Local Government Code of 1991 as a strategy for improving and making the justice system more responsive to the needs of communities. Organized in the villages, the BJS or the Katarungang Pambarangay has since been widely recognized as an alternative system of resolving disputes at the local level. At the forefront of this system is the elected punong barangay who simultaneously acts as chief executive and presiding officer of the local legislative council. Assisting the punong barangay is the lupong tagapamayapa (conciliation panel) whose members consist of 10-20 persons of known integrity, competence, and fairness who are selected from among those residing or working in the barangay. The lupon tries to amicably settle disputes within a period of sixty (60) days from the date of its submission. II. Study Outputs The Case Study was expected to generate the following outputs: a. Assessment of the procedures, practices, systems, performance, and human (competency) and financial resources of the BJS; b. Proposed strengthening and reform measures that will address issues arising from the assessment; c. Proposed amendments to the KP Law and related implementing procedures III. Methodology 1. Secondary Data Research: Review of Related Laws and Literature. The objective of the review of past studies was to present the over-all policy environment and legal framework of the Katarungang Pambarangay; and to present recent studies and findings concerning the BJS operations and policy recommendations. Reviews were conducted on: legal issuances creating and organizing the Katarungang Pambarangay, and review of previous studies conducted on the BJS 2. Key Informant Interviews of National-Level Experts. Seven national-level experts were interviewed for the assessment, to gather key viewpoints and opinions on the current state of the BJS, issues and concerns and possible recommended measures. National-level key informants included the author of the KP Law, Directors of key units of the Department of the Interior and Local Government, key civil society actors, lawyers, and mediation practitioners. 3. Key Informant Interviews at the Field Level. Over a hundred key informants were interviewed in 13 barangays from five municipalities in the provinces of Oriental Mindoro, Camarines Sur, Capiz, Lanao del Norte, and Sultan Kudarat) over a period of four weeks in March and April, 2007. The objective of the key informant interviews at the barangay level was to analyze the key operating Camarines Sur.Christian– Nangka Urban – Ma.Manhoy Urban. one midway barangay were surveyed. Cristina Sultan Kudarat Tacurong City and Esperanza Rural/Mixed IP-Christian – Pamantingan Midway /Mixed Muslim-ChristianAla Urban – Brgy. datu.Tabinay Midway/Coastal.Duyoc Lanao del Norte Baloi Rural /Mixed Muslim. one barangay nearest the first level courts and the municipal government. and caseload of KP. Selection of Sample Barangays and Respondents: The municipalities were chosen from among the 36 municipalities in the five provinces of Oriental Mindoro. A. one municipality was selected. whereas the midway barangay would allow for other factors such as cultural mix. When all were available at the time of the field visit. nearest the municipal hall and the hall of justice) with the highest caseload would represent the barangays having the best institutional conditions for access to justice as it has the best access to the mechanisms of government and the formal justice system. day care worker. as the opportunities for crime and conflicts are more present in urbanizing areas. From these criteria. for a total of five sample municipalities.e. and average socio-economic status of residents. Lanao del Norte. Muslim-Christian or Christian-Lumad. Other considerations in selecting the sample barangays were: socio-cultural mix (eg.Salvacion Urban-Poblacion Capiz Dao Rural. NGOs. 4 4. POs. FGDs were preferred to that of one-on-one interviews as there is simultaneous validation and checking among respondents. Criteria for selecting sample barangays and municipalities were: cultural/industry mix. representation of coastal and non-coastal areas). The assumption of this methodology is that the barangay nearest to the center of government (i. at least one recent user of the system. From each province. General Barangay Organizational Structure Existing literature on the Katarungang Pambarangay largely focuses on the Lupon . imam. One other justification for the methodology is that the barangay nearest the center were expected to have a higher caseload than a rural barangay. and as practicable as possible. rural health worker. From each sample municipality. b) at least one community member from among those who are not users of the system but influences the practices and views of the community on women’s and children’s rights (parish priests. procedures and practices operating at the BJS in selected target barangays.Sabang Urban – Poblacion Camarines Sur Tigaon Rural – Cuyaoyao Midway . one target barangay farthest from the center. Tacurong City 5 Informants came from the following sectors: a) either one of the following: barangay captain. the following municipalities and barangays were selected: PROVINCE MUNICIPALITY BARANGAYS Oriental Mindoro Puerto Galera Rural. an FGD was conducted c) as practicable as possible. and the commitment and capacity of DILG field personnel to arrange the FGDs and interviews quickly and efficiently. Poblacion. industry types. a focus group discussion (FGD) was conducted. while the farthest barangay with the highest caseload would present the most challenging conditions being faced by the katarungang pambarangay. secretary of the lupon or at least one active member of the Lupon. If more than one of these were available at the time of the field visit. Capiz. and Sultan Kudarat.systems. or head of a local women’s group). including the extent to which those conform to or depart from the parameters provided by the KP Law. justice as it is obtained in the barangay). when citizens attempt to access justice at the lowest level. the barangay is the sounding board of the views of the people on various governance topics. The sangguniang barangay may form community brigades and create other positions or offices necessary subject to budgetary limitations. the barangay is mandated to plan development projects in its territory and to deliver basic services of the government. and any barangay resident who comes to the aid of persons in authority. b) As a primary planning and implementing unit. pakikisama (comradeship). and the Local Government Code of 1991 as a strategy for improving and making the justice system more responsive to the needs of communities. Sections 399-422 of the Local Government Code The Barangay Justice System (BJS) or the Katarungang Pambarangay (KP) was institutionalized through Presidential Decree 1508. the Katarungang Pambarangay or Barangay Justice System is a widely recognized alternative system of resolving disputes at the local level.. and community mores already define. padrino (patronage). the punong barangay. 6 B. For purposes of the Revised Penal Code. Another objective of the BJS is to recognize traditional and indigenous modes of dispute resolution. Organized in the villages. They may not serve for more than three consecutive years for the same position. it is important to understand the entire barangay structure and examine which actors play a role. and a barangay treasurer. The Local Government Code of 1991 Section 324 mandates the barangay with three most basic functions. the barangay provides a venue for the amicable settlement of disputes. utang na loob (debt of gratitude). and c) as a forum. the BJS has been accepted and used all over the country. While there are other existing modes of alternative dispute resolution (ADR). the Lupong Tagapamayapa is equated with the concept of barangay justice. the sanggunian kabataan chairman.Tagapamayapa. The creation of the BJS can be considered a significant milestone in making redress of grievances accessible to the poor. however informally. In relation to the first and last basic functions. either in a primary or adjunct capacity. sangguniang brangay members. but to the entire barangay structure itself. However. seven sanggunian barangay members. protection and security of life and property. while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order. The Katarungangang Pambarangay (KP) System: Chapter 7. such as those traditionally practiced by local communities and indigenous peoples. in order to understand barangay justice in its generic sense (i. because even before the BJS was established. A) as a basic political unit. the barangay is the smallest political entity used for governance. This paper thus does not limit the concept of barangay justice to the operations and practices of the Lupong Tagapamayapa alone. time-honored traditions based on kinship. The Local Government Code mandates each barangay to have a punong barangay. and members of the lupong tagapamayapa in each barangay shall be deemed as persons of authority in their jurisdictions. promulgated in 1978. The BJS promotes ways of . a barangay secretary. The term of office of elective barangay officials is three years. The law also mandates the formation of a Lupong Tagapamayapa. how justice should be served.e. shall be deemed agents of persons in authority. By legal definition. In recent years. mediation. collection of loans. are mediated. Upon closer scrutiny. which are perceived to be more aligned with community values geared towards consensus rather than adversarial modes as exemplified by the formal court system. civil and other cases. The system is exemplified by informal processes and the prohibition of the presence of lawyers during its proceedings. and either resolved or unresolved by the barangay. Family Courts were established to hear cases on these3 . the other cases mentioned refer to those that fall outside its jurisdiction. but are registered as a dispute. All agrarian disputes within the coverage of the Comprehensive Agrarian Reform Law (CARL) are likewise outside the application of the BJS and are instead referred to another barangay. There are three general categories of types of cases recorded by the BJS in their quarterly reports: criminal. It further aims to provide conditional access to formal adjudication by giving the disputants a venue to settle their differences with the aid of community mediators and respected elders. The lupon. and fairness who are selected from among those residing or working in the barangay. and the like.2 The disputing parties are however not prohibited from consulting lawyers prior to or during the mediation process. The punong barangay is concurrent Chair of the Katarungang Pambarangay.resolving disputes through the mechanisms of conciliation. The BJS still gets involved in VAWC and CICL cases through the issuances of Protection Orders and diversion programs. 7 level dispute resolution mechanism. By setting limits on cases that may be filed with the regular courts. With the enactment of various legislation on violence against women and children (VAWC) as well as legislation related to children in conflict with the law (CICL). child abuse. Disputes cognizable by the BJS are often referred to as “minor disputes or offenses” including petty thievery.2 Jurisdiction and Coverage of Cases of the BJS The jurisdiction of the BJS is limited to cases where the applicable penalty is imprisonment of not more than one year or a fine not exceeding five thousand pesos. gossip. Crimes committed by government personnel in the performance of official duties as well as crimes having no private offended parties are however outside the system. Other Important Stakeholders at the Barangay What is evident however from this study was that while the . respectively. Assisting the punong barangay is the lupong tagapamayapa (mediation committee) whose members consist of 10-20 persons of known integrity. records the results of the mediation proceedings before the punong barangay. the Barangay Agrarian Reform Committees (BARCs). petty destruction of property and crops. and arbitration. and submits reports to the proper city or municipal courts and relevant agencies. and rape incidents filed by citizens with the BJS. with close coordination with Family Courts prosecutors/public defenders. slander. The primary objective of PD1508 was to decongest the courts of its cases. consisting of three members of the lupon) tries to amicably settle disputes within a period of sixty (60) days from the date of its submission. the police. The barangay secretary acts as custodian of KP records. C. through the pangkat tagapagkasundo (conciliation panel. competence. and municipal social workers and health officers. there had been an increasing number of cases involving domestic violence. the law hopes to give judges ample time to study the cases and prepare good decisions. the barangay kagawads(village councilmen) and barangay tanods(village police) are actively involved in dispute resolution. In areas where there is no designated Family Courts. the legislative arm of the villages. conciliation and even arbitration to these actors alone. A purok is a subunit of the barangay composed of a cluster of households. the barangay kagawads is the village level council members. or where they are geographically inaccessible. the barangay captain benefits from the assistance of the barangay kagawads and tanods in dispute resolution. but in many cases. In many provinces.and children-related laws. are however not salaried members of the barangay structure and are not elected). The tanods can also be organized in teams of two to four members in each team headed by a Team Leader. however. As mentioned above. In actual practice. Each barangay can have as many puroks as deemed practicable and necessary. On cases where the number of puroks exceed the number of kagawads. 8 for barangay development. however. Other Important Stakeholders at the Municipal Level For the Department of Interior and Local Government. there are as many puroks as there are barangay council representatives. the barangay officials. Various actors within the barangay and sometimes even the whole barangay structure itself are often involved in dispute resolution. there are a variety of actual practices on the ground that do not limit mediation. most barangays maximize their kagawads by assigning them many committee memberships and conferring them with problem-solving mandates. with each one represented at the barangay council by their respective kagawad. Along with the barangay kagawad. D. purok leaders represent their puroks at barangay meetings. and subject to the budgetary limitations of the barangay”. especially the Punong Barangay. The Local Government Code provides for a maximum of 20 tanods in each barangay. More than the Lupon Tagapamayapa (who although are considered persons of authority by the Code. including that of dispute resolution. and the Municipal Local Government Operations Officers (MLGOOs) The Municipal Mayor is the local . More often. Their mandated function is to enact ordinances and plan 3 one bench among the Regional Trial Courts is usually designated as a Family Court.Katarungang Pambarangay Law is limited to the Lupong Tagapamayapa with the Barangay Captain as its Chair and the Barangay Secretary as its documenter. two front line service providers play very important roles in the barangay justice system and dispute resolution: The Mayors. cases are brought first to Purok leaders (who are more often the Kagawad assigned in that purok and is a resident of that purok). the barangay tanod also plays an important role in conflict resolution and maintenance of peace and order in the community. usually seven. The barangay tanod as a whole is a community brigade composed of civilian volunteers appointed by the Punong Barangay upon the recommendation of barangay kagawads acting as Barangay Peace and Order Committee. villages may create more as necessary “in accordance with the needs of public service. plays an increasingly important role in access to justice of vulnerable groups. the nearest Municipal or Circuit Courts may accept family-related cases and VAWC cases. as they are salaried officials. The Punong Barangay can designate a “Chief Tanod/Ex-O” to head the group. With the advent of progressive women. training and capacity-building measures. the Mayors play an important role in dispute resolution. Other important stakeholders who invariably find themselves providing services to barangay disputants are: Municipal Social Welfare Officers. They provide technical assistance to the local chief executives at the municipal and barangay levels. He/She often becomes the default dispute resolution of last resort. especially among disputants who are personally known to him/her or are connected to him/her in any way from the various networks of relationships found in Philippine villages. and inter-agency cooperation will definitely solidify its role in improving the public’s. Perhaps because of their influence in 9 municipal governance. the Vice Mayor. The Municipal Local Government Operations Officer (MLGOO) is the front line field personnel for the DILG. they are often referred to as “little mayors”. Issues/Problems Identified from the Review of Related Literature and National Level Key Informant Interviews The Katarungang Pambarangay has been established for more than twenty years now and yet the program is suffering from weak and inadequate institutional support. While the BJS presently works well. However. Because the Katarungang Pambarangay do not have jurisdiction over disputants belonging to different barangays. In relation to the Katarungang Pambarangay. where cases of rido (Maranao clan wars) can often become very violent and deadly. All literatures. The enactment of the Local Government Code in 1991 was expected to assist in strengthening the BJS and its institutional network. Mayors then provide a valuable alternative to the courts. direct/implement. There is a need to review the role of the punong barangay/barangay captain in view . Municipal Health Officers. and in majority of the cases. especially poor people’s. and often involve multiple barangays and clans. The Mayor (and in some cases. They plan. the MLGOO is sometimes called upon to settle disputes that the barangay is unable to settle. surveys. MCTC. or to mediate in cases where parties involved are barangay officials. In some cases. NCIP for communities with indigenous peoples. Chief of Police and Women’s Desk Officers. Prosecutors and Judges at the MTC. Fiscals. the BJS has done its share by providing the venue for justice to be accessible to the community. and provide secretariat assistance to the Municipal Council at the municipal level. II. and datus and Ulamas for communities with Moslem populations. is the sole monitoring authority involved in gathering reports and providing supervision over the Katarungang Pambarangay. access to justice. strengthening support for the system through information. They are also looked on to provide training and advise to barangay officials and Lupon Tagpamayapa members. in general. This still needs to be realized fully. and researches reviewed for this Institutional Assessment demonstrate the need to review the support given by government and nongovernment institutions to the BJS. organize. when the latter works closely and is of the same party as the Mayor) in many instances becomes the final mediator/ arbiter of disputes that are unresolved by barangays. The BJS needs to be interfaced with other laws that aim to protect the rights of indigenous peoples over their ancestral lands and domain. and monitor the DILG’s programs and activities in the municipality. the MLGOOs are automatic members of the KP Monitoring Units.chief executive at the municipal level. In Muslim areas such as in Lanao del Norte. interviews and other literature point to the fact that there is a need to depoliticize the whole system and divert cases away from political figures into more credible members of the community. Instead.Tigaon is located in the eastern part of Camarines Sur. While one literature suggests that the lupon should be elected. A total of 45. or even as paralegals. to be able to raise awareness on its existence. marine. There is also a need to increase the jurisdiction in the nature of cases.500 (2004) persons in 8. III.350 of these are located in the only urban barangay of Poblacion. 10 There is a need to increase the prestige of the whole system by providing incentives for law graduates and other professionals to volunteer their services to the community by serving as Lupon members or advocates. it has a population of 21. survey and interviews reveal that many residents do not use the system because of the lack of credibility on the punong barangay to render judgment or facilitate dispute resolution in an impartial manner. The town is agricultural with abundant supply of palay.e increase the amounts covered to be able to include cases such as violation of the bouncing checks law which currently represent a large proportion of the court dockets. corn. Formerly world-renowned because of its high quality of abaca fibre. There is a need to put in place a strategic training and capacity-building program that addresses the enormous problem of training 42. Camarines Sur . called “fast-crafts”. It is 44 kilometers northeast of Naga City and 492 kilometers South of Manila. According to the 2000 census. 2.00 barangay Lupons. root crops. It is the northwesternmost municipality in Oriental Mindoro. which translates into 400. Case Studies of Five Municipalities: Results of Barangay Level Key Informant Interviews and Municipal Level Focus Group Discussions4 Municipal Profiles 1.650 households are presently inhabiting the town. Puerto Galera is three and a half hours away from Manila: first by bus to the port of Batangas City and then by motor boats. Tigaon. Recent years has seen a 4 For brevity and to comply with the requirements of the APMF Conference. There is a need to increase the jurisdiction of the BJS to include other barangays in adjacent municipalities and even provinces to resolve the problems relating to access by disputants belonging to different barangays. This coastal town is famous for its numerous pocket beaches and snorkeling and diving spots. coconut.424 households.000 Lupons with a term of three years. Oriental Mindoro-Puerto Galera is currently classified as a third class municipality in the province of Oriental Mindoro. livestock and poultry products . vegetables. training and capacity-building needs and resource needs of such an undertaking. the detailed results of research findings per municipality has been excluded in this report.988 hectares. the report proceeds immediately to general findings and recommendations 11 huge reduction in the number of fishermen in the . Tigaon’s supply of abaca is now depleted due to massive conversion of abaca plantations into sugarcane and/or corn. It has a total land area of 10.925 people in 4.of the fact that he is an elective/political official. sugarcane. Puerto Galera. 4. There is a need to review the composition of the Lupon. citrus. i.000-800. A program that aims to address such a huge human resource training needs should take cognizance of the information. because much of the literature. There is a need to improve the access to family courts and strengthen its tie-up with the BJS. A Muslim scholar refers to a close relationship between maratabat and the Arabic words tartib and . revenge. Of the eight tribes on Mindoro. These two are extensive beaches with first-class to economyclass accommodations and an active night life in bars and restaurants. especially when their maratabat is at stake. maratabat means “rank”. springs. conflicts. Maranaos are extremely sensitive people. Maranaos are noted for their maratabat and rido (sometimes spelled ridu) .values that refer to self-esteem. the Iraya. 3. there is also a significant number of Moslems living in the Poblacion (estimated at 700 people). On the Maranao Conception and System of Justice5 Some notes on Maranao culture is worth mentioning here to describe Lanao provinces’ Muslim population’s justice system.698. favored by foreign and local tourists respectively. is the largest. and understanding these values would lead to a better understanding of Maranao traits and behavior. The Maranaos are proud of their cultural heritage and values.71% of the total land area. and acts of retribution on the other. Mangyan tribes are scattered over the mountains sides . Seventy percent of the municipalities’ approximately 39. maratabat is the Maranao’s expression of social position or rank consciousness. similar to the Spanish “amor proprio” meaning selfesteem. Claribel’s Maratabat and Rido: Implications for Peace and National Development 12 In addition to the personal dignity and extreme sensitivity. “honor”. Puerto Galera is home to Sabang Beach and White Beach. as they shift to and gain higher revenue from tourist-related activities. It is also a mechanism for controlling conflict and achieving reconciliation. Balo-i enjoys a mild climate almost free from the direct effects of tropical typhoons. an individual’s unusual behavior is a manifestation and a validation of the maratabat of his position in the social hierarchy. sustained by social coercion. and there is a significant number (10% of population) of fisherfolk. These are distributed to the following major crops: rice. corn. the single most emotionally charged concept among Maranaos. honor and pride. whether real or imagined.area. and family feuds. Balo-i is still basically an agricultural community with a total effective agricultural land of approximately 11. Although a minority. 5 From Bartolome. personal dignity. living in the Puerto Galera area. lakes and parks. or “status”. Maratabat is the key to Maranao psychology.some of the tribes in the innermost parts of the mountains have no contact with the outside world. Behind the beaches are the huge and generally unexplored mountain ranges of central Mindoro. The area is most famous for its waterfalls.000 inhabitants are Moslems. It is often equated with the Tagalog “hiya (shame)” or “yabang (pride)”. becomes a challenge to his manhood. Lanao del Norte . so that the wounding of these. Derived from an Arab term. This Municipality is strategically located in terms of trade development and agricultural growth. Balo-i. It is directly proportional to the Maranao’s rank and status. on one hand. Excessive weather disturbances are unheard of.25 hectares representing 83. a sort of welfare and social security system. and a defense mechanism.Balo-i is a crossroad of two cities: Iligan City and Marawi City. legumes and coconut. The Maranao’s honor and dignity are everything to him. Balo-i serves as one of the outlets of the said two cities for commercial and agricultural products. Three out of 21 barangays of Balo-i have mixed Christian-Muslim populations. The elder’s word. Tartib is order. is located 18 kms from Tacurong City. A Note on the Teduray Indigenous Peoples6 The Teduray (also called Tiruray) indigenous peoples is also noteworthy. Their center of governance is located in South Upi. while the rest are Ilongo. or sequence. 75% of which is Teduray (an indigenous people).355. and his reaction. and Sultan Kudarat. Philippines.000-500. The Maguindanaoans usually enforce punishments through compensation in cash. is what is referred to as maratabat. It is vendetta pitting one person. Maguindanao. five elders) in the community. Esperanza is politically subdivided into 19 barangays. and one for the Police. a rice and corn farming community. Brgy Ala.one for the Philippine Army. and could be reached in 30minutes from the City by bus. there are 225 Maguindanaoans residing in Ala. Tacurong City and Esperanza. A Note on Maguindanaoans Some notes on Maguindanaoan culture is worth mentioning at this point. Maguindanao. Cebuano and Manobo.martabah. 4. Rido also applies as a generic term for whatever trouble that may ensue out of the conflict. Rido could either be petty trouble or a grave conflict. 13 A datu is the ruler of the elders of the community. Sultan Kudarat. According to the 2000 census. it has a population of 47. Maratabat involves and manifests. discord. arrangement. one is chosen to become a datu by age and experience. One becomes a datu by lineage. however. of what can be classified as rido is too wide to discern immediately. It has approximately 3. Until the majority of the Maranaos decide to describe to the legal procedure of administration of justice.000 population in 525 households. The Maguindanaon justice system is mostly uncodified. and the trust and confidence one has earned from the community members. conflict. aggression. hostility and violence. the “seat “ of the Teduray . However. Rido is a Maranao term which can be equated with feud. when handed down.598 households. he will be continually insulted by those who knew of the unavenged offense. There are an estimated 300. it is usally associated with major confrontations. women are allowed to participate in decision-making.000 Tedurays living in Central Mindanao. As of 2006. retribution is not favored. The Maguindanao enforce a system of sanctions and punishment which is in most cases a product of consensus among elders (usually. Brgy Pamantingan is about the same size as Ala. as Sultan Kudarat’s Moslem population is predominantly Maguindanaoan. scattered among the provinces of Shariff Kabunsuan. however. the Maranao puts the law into his own hands to avenge a personal or family injury. with a population of 3. In maratabat. and disagreement. Otherwise. Sultan Kudarat. It is one of the major roots of Maranao conflict and their non-resolution. and among the sons. whether negative or positive. the Maranao reacts. is final and executory. family or clan against another. anger. Ala hosts two detachments. When an individual transgresses a Maranao adat (custom). while martabah means rank or grade a person possesses in relation to an order. but the current generations still practice the age-old system of administration of justice handed down through verbal history and oral tradition. who is always a male. rido will always take place. Such is the case of Maguindanaoans of Brgy Ala in Esperanza. or is related to shame. The ambit.Esperanza is a third class municipality in the province of Sultan Kudarat.578 people in 9. A mostly-Hiligaynonspeaking. IV.Justice and Governance System (TJG). and the less frequent the Lupon is constituted. and Dowoy (Penal Code). It is noteworthy that there are women leaders in Teduray communities. 14 1. Practices differ from one barangay to another. However. and less so in areas far from the center. there is a wide variety of practices and interpretation of the Katarungang Pambarangay Law. Capiz. Brgy Duyoc perhaps represent the ideal conditions for access to justice. although receiving compensation. barangay kagawad. Assistant Director of the Organization of Southern Cultural Communities. Barangay Pamantingan’s population is predominantly Teduray. it is the barangay captain. It is only in urban areas where the Pangkat Tagapagkasundo is constituted. The KP Law. more often. Surrounded by valleys and hills. council approves. is ignored when impracticable. is .000 has are devoted to agriculture. Puerto Galera in Oriental Mindoro). the farther one is from the center. Children and Other Vulnerable Groups 6 Based on interviews with Timuay Melan Ulama. the TJG is the equivalent of the Muslim “sultanate”. There are many other actors involved in dispute resolution. This is most evident in the process of selecting Lupon Tagapamayapa members: either 1) the Brgy Captain selects from among community members. 87% of whom are Roman Catholic population. The Tedurays have managed to codify their justice system7 . Of the two. Dao (pronounced Da-o) is a fourth class municipality 33 kms from Roxas City. or 2) puroks/ sitios nominate and brgy. composed of three parts: their Ukit (Constitution). Dao. Two barangays were visited in Dao: Brgy Manhuy. 5. 61 kms from Kalibo and 88 kms from Iloilo. Very rarely do people volunteer to become members of the Lupon. On the constitution and composition of Lupong Tagapamayapa. 7 For more information on the Teduray Justice System. although it is located at approximately the same distance as Manhuy from the town proper. more often than not these are former barangay officials who lost in the elections. mostly Christian nation. the most oft-repeated reason being that they are already familiar with barangay governance and have obtained trainings (“may alam”). and Brgy Duyoc. Issues Arising from the Case Studies and Implications on Access to Justice for Women. Land area totals 8. and often. and women leaders are organized into a Mintailan. This is probably because the opportunities for crime are present in urban areas. while generally observed. in one urbanizing area (Sabang. More than the Lupon Tagapamayapa. It covers 17 rural barangays and three urban barangays. the less cases are reported in the barangay. In general. purok leaders and the elders who are the front liners in dispute resolution. with nomadic Aeta tribes in inland pockets.640 hectares. whose influence is equivalent to that of a Timuay. the Lupon. or 3) Purok leaders become automatic lupon members. and based on convenience and practical considerations. contact Timuay Santos Unsad at the Organization of Southern Cultural Communities in Cotabato City. Headed by a Chieftain. Tegudon (Customary Laws). the disputants do not have a say on its composition. Lupons are largely active in urban areas. and although it had a very low KP caseload. Practices are adapted on local conditions.Located in central Capiz in Central Philippines. However. and local variations are concocted. 2. 5. the composition of the Lupon Tagapamayapa becomes a moot and irrelevant question. Even in mixed communities. The profile of Lupong Tagapamayapa members surveyed is very telling: on the average there are 10-14 members. spousal and child abuse. 3. and who have very little understanding of issues confronting the youth. Perhaps the barangay “police” is deemed a more decisive and authoritative figure. residents are transient in character. Oftentimes. and foreign tourists. petty theft. In rural areas. by virtue of their coercive power. and the kagawads. Lupon Tagapamayapa members are mostly males.inactive. and therefore has implication on training and capacity-building. Women will hesitate to bring their cases to a predominantly male tribunal especially if the respondent is a male. including VAWC cases. child support. if at all. The latter cases involving women and children are interesting because recent legislation. petty destruction of crops. on the other. and threats. with women fearing a lack of kindredship and sympathy among a predominantly male body for resolving disputes. Lupon Tagapamayapa members are dominantly Christian. On cases involving family matters. Cases Handled. and children in conflict with the law. Disputes mostly involve compensation for sex workers. women would rather seek 15 out other women to confide in and bring their troubles to. especially the Anti Violence Against Women and their Children Act (RA 9262. Women are a minority. dogbites. the barangay captain employs a combination of mediation and arbitration (in Western societies. while all stakeholders call it “settlement”. conciliation or arbitration are hardly mentioned. Mediation. majority of members are farmers. with very rare cases of having members in their 30s. a highly commercialized tourist spot. rape (including marital). with only one barangay surveyed having half of its Lupon Tagapamayapa as females. rather than the barangay officials. There is also the danger of machismo being a factor in facilitating disputes. brawls (suntukan. bugbugan) and public disturbances. even in communities where there is awareness of the VAWC law. However. disputants themselves may prefer to have their cases mediated at the barangays because of the unpredictability and inaccessibility . and dispute resolution is practiced by the Brgy tanods (barangay police). collection of money. the practice is commonly referred to as med-arb). and disputants are more often sex workers from nearby provinces. Disputants hardly have a say on how their cases are to be disposed of. attempted rape. On Mediation and Arbitratrion. 4. with barangays even having 100% male LT members. Most common cases handled include: slander (paninirang puri). but urban areas would most likely have more than that. This profile has many implications on access to justice for women and her children. acts of lasciviousness. only the urban areas display membership of retired professionals. The age of members are also telling: most are middle-aged. This could be explained by the fact that in Sabang. conciliation and arbitration. Women and childrenrelated cases include: sexual harassment. often referred to by barangay officials as VAWC) expressly prohibits mediation on domestic violence cases. There is little distinction made between mediation. with members having as old as 80 years old. The barangays may be forgiven for mediating cases because of lack of knowledge with this fairly recent legislation. on one hand. Children and the young disputants may also find little sympathy among people whose ages are far removed from theirs. because of the high caseload. Such cultural practices also justify the continued practice of rido. On knowledge of Laws. This is probably the reason why women rarely report cases of abuse and violence. 7.of the court system. which contributes to the problems on peace and order in Moslem areas. especially those relating to women and children. and the Convention for the Elimination Against All Forms of of Discrimination Against Women (CEDAW). Lupon Tagapamayapa and other barangay officials lack gender and child sensitivity. Women and children rarely report abuse. lack understanding of Muslim and indigenous culture. to the detriment of economic development in that region. women very rarely pursue cases in court. Confidentiality is rarely protected and observed. imams and Ulamas in resolving disputes. although community members are aware that there are incidences of abuse. and on the respective roles of barangays and other duty holders in their implementation. and why residents who can afford it otherwise resort to filing cases in courts. 6. there is uneven level of knowledge of the laws. systematic and sustained training programs for Lupon Tagapamayapa members from either of these two agencies. and exact blood money and other forms of retribution not provided for under Philippine laws. Many Moslem and indigenous practices are blatantly anti-women. when one or both parties are Moslems. Availability of Legal Services. instead of referring the cases to the Lupon Tagapamayapa. In disputes involving indigenous peoples. On Confidentiality and Privacy of Proceedings. the barangay officials seek the help of datus. There is an overwhelming need for availability of legal advise and information. This may be traced to the lack of inter-agency clarity on which Department is responsible for the training and supervision of the Barangay Justice System. unless the parties request closeddoor sessions or unless the barangay captain and lupon tagapamayapa members decide otherwise. VAWC cases are routinely referred to the Municipal Social Workers who are overextended. The processes are mostly open to the public. exemplified by the phenomenon of employees of the Commission on Audit providing trainings to Lupon Tagapamayapa members. This has several implications. Moslem and indigenous practices are still very influential. Because of this lack of clarity. Gender Sensitivity. and the lack of support services for victims of violence. Villages have little access to legal knowledge and disputants are therefore on the mercy of barangay officials and Lupon Tagapamayapa members who are in most cases untrained. such practices go against universal human rights laws. On Cultural Practices. favour corporal punishment for children. again for lack of support services. There is very little training opportunities available. there are no clear. If they do report abuse. While many insiders and even outsiders of these societies justify the practices under the principle of self-determination and respect of various cultures. Even in mixed communities. 5. . barangay officials refer the case to the tribal chieftains and councils. a more arduous and expensive processes. It has also created an “open access” mentality among agencies and non government organizations. This lack of clarity has been the bone of contention between the Department of the Interior and Local Government. 16 As a result. and the Department of Justice. Poor people ALWAYS prefer to settle VAWC cases. This is especially with regard to the practice of arbitration. and are not sensitive to the needs of indigenous peoples. There is always the perception and fear that Punong Barangays could not and would not be impartial in facilitating the resolution of disputes. There are no rehabilitative programs for substance abuse. if there are at all. especially if the other party supported the winning candidate. List of lupon members9 The list of Lupon members should include qualified persons representing various sectors of society and should be gender-balanced. Most are active only during Women’s and Children’s Months. 9. Only the Municipal Local Government Operations Officers monitor the lupon performance. Local Women and Child Protection Councils are variably active. More often. particularly those whose cases are sensitive. the barangay captain is an elected official. Candidates to be included in the list should be selected by a Board –which could be called the Barangay Lupon Board (BLB) – composed of three persons. have unharmonized operating procedures. and thus is a political being. which can be extended successively. The KP Monitoring Unit is therefore rarely constituted. Lupon members should be appointed by the Sangguniang Barangay for a 3-year term. substance abuse. Majority of municipalities have no temporary shelters. and for those who value their reputation in the community.The culture of “shaming”. barangay officials and 17 prosecutors/public defenders are at odds with each other on specific cases. with politicians and parties vying for votes of community members. often through collection of summary reports. The Board should then recommend the selected candidates to the Barangay Captain. favoring his supporters and relatives. supporters and relatives of losing candidates often hesitate to use the BJS to resolve disputes. perform on a piecemeal basis. Most are informal networks of municipal actors. and triggered by. the police. while may be effective against repeat offenders of petty crimes. On Local Coordination and Inter-Agency Collaboration on access to justice of women and children.and children Councils are not sustained. Based on the preliminary findings. There is lack of clarity of roles between barangay and municipal officials. barangays are polarized among loyalties to different candidates. The list of Lupon members should be as long as required by the actual . and mediation is first conducted on the Barangay Captains level. As a result. who is mandated to mediate disputes within 15 days. social workers. 8. instead of immediately delegating the authority to mediate the Pangkat Tagapagkasundo. Recommendations This portion is closely tied up with the recommendations on revisions to the KP Law. V. On Monitoring and Standardization of Performance. will also deter any prospective user of the system. these are very inaccessible. This has many weaknesses. and monitoring is left to the MLGOOs. Because of the sheer number of Municipal and Barangay Councils mandated by various laws. First. who should evaluate applications and interview the candidates. One of the major sources of polarization in Philippine society is elections. and generally fingerpoint when offenders go scot-free. women. This is significant because much of the domestic violence and juvenile offences are directly related to. There is very little coordinative mechanisms in place. Thus. One of the major flaws of the KP Law is that the Katarungang Pambarangay is headed by the Punong Barangay. the following proposals for amendments to the KP Law are being considered:8 a. and most were established for compliance purposes only. 400. in order to encourage participation of qualified citizens on a rotation basis. 3. The Barangay Captain could propose the members of the Board for appointment as Lupon members. The three members of the Board are to be appointed by the Sangguniang Barangay. It should also make proposals to the Sangguniang Barangay for improvement of procedures and practices. sultans) could be appointed members of the Lupon. Lupon members should be appointed for a 3-year term. These proposals are currently awaiting comments from the Department of Interior and Local Government ‘s Legal Division. for a 3-year term among qualified persons with experience in justice related fields in the public sector. the power to appoint them would be transferred to the Sangguniang Barangay in order to avoid criticisms that the Barangay Captain has appointed the Lupon members on a partisan basis. This would avoid replacing the Lupon members whenever a Barangay election brings a new person to the office of Barangay Captain. Felipe Ureta. Also. private sector or civil society organisations. The Board should report to the Sangguniang Barangay: the Board should thus have consultative and advisory functions. with the wellperforming ones having the possibility of being re-appointed for successive 3-year terms. The list should include as many members as required by the number of cases being filed at the Barangay (while the minimum number of 10 lupon members is appropriate. Rationale. As part of its monitoring function. elders. based on the recommendation of the Board. These will also be forwarded to the Department of Justice for their comments. Rule IV. including indigenous leaders. Creating a Board in charge of the selection of candidates would contribute to the impartiality of the process. The Lupon should thus be a list or pool of selected persons willing to serve the community as mediators or arbitrators. 2. . Sections 1. The selection of candidates for the Lupon should be done in accordance with clear criteria and transparent procedures. The Board. upon the proposal of the Barangay Captain. the Lupon composition should be gender-balanced. The Lupon membership could thus be drawn from different and various sectors of society and fields of expertise. 401. there should not be a maximum number). and recommend new candidates for appointment every year. with the decision-making power being exercised by the Sangguniang Barangay. 9 Main articles to be amended : KP Law: SEC 399. 402 KP Rules: Rule II a). Rule III. in addition to selecting candidates to the Lupon. Most importantly. The Lupon and the citizens would thus benefit from the continuity and permanency of the best mediators or arbitrators. should also monitor and evaluate the performance of Lupon members. They should serve without remuneration. Membership of the Lupon 8 Drafted in close collaboration with Mr. While the Barangay Captain would retain the power to propose the candidates. They should serve only one term and should be replaced annually by thirds. but should be paid transport and subsistence allowances. Section 1 A.number of cases in each Barangay. the Board should call monthly meetings with Lupon members. outstanding persons from the indigenous communities (datus. 7 18 should be open to persons with experience in court annexed mediation or any kind of alternative dispute resolution mechanisms. 4. Team Leader for the European Technical Assistance Team of the Access to Justice for the Poor Project. with the Sangguniang Barangay retaining the decision-making power. 2. Section 1 C. Rule VII 11 Main articles to be amended 404. neutrality and nonpartisanship. call monthly meetings of the Lupon. but instead can strongly contribute to strengthening those traditions and ensuring their sustainability in the future. summoning the respondent (or the witnesses. arbitration should be compulsory for the parties for all civil cases up to a certain amount. removing the mediation and arbitration functions from the scope of competencies of the Barangay Captain is intended to enhance his/her authority as an elected official exercising strong powers (such as the ones enumerated above). 410 b). Rationale. This does not go contrary to Filipino traditions of mediation and amicable settlement of disputes. The Barangay Captain could delegate his/her powers to other Kagawads. b. setting dates and times for mediation or arbitration sessions. where this was constituted). C.19 By having the Board members appointed for 3-year terms with one new member being appointed every year. Section 4. it is meant to encourage participation of qualified persons as board members. The Barangay Captain should be responsible for those functions which involve the exercise of power (such as the ones enumerated above). 413 a). such as mediation and arbitration. c. If agreement is not reached by the parties. Section 1 B. and come up with proposals for improvement of procedures and practices are all intended to guarantee that such tasks are performed impartially and efficiently. Section 3. Mediation performed by the Barangay Captain is often perceived by the parties as politically biased from the fact that he/she is the elective executive in the Barangay. provided that the parties agree to having a second phase of mediation by a Pangkat. the Barangay Captain could appoint a Pangkat of three mediators chosen by the parties from the Lupon list. Rule III. taking oaths. Rule VI. Giving the Board the tasks to monitor and evaluate the performance of Lupon members. If mediation fails (either by the aforesaid mediator or by the Pangkat. 411. Section 9 20 It is proposed that mediation and arbitration take place according to the following steps: 1. If the Pangkat is constituted. e. it should perform its function within the period determined by the law (15 days).g. where required by the number of cases being filed at the Barangay. where applicable). but he/she should not act as a mediator nor an arbitrator. The Barangay Captain appoints one mediator chosen by the parties by common accord from the Lupon list. 3. Therefore. resolving on his/her competency or on objections to the venue. appointing mediators or arbitrators chosen by the parties. executing settlements agreed by the parties and awards issued by arbitrators. as well as other functions attributed him/her by specific laws. while at the same time preserving him/her from being blamed for bias and partiality. 410 b). but not for those which require impartiality. who should perform his/her function within the period determined by the law (15 days). Powers of the Barangay Captain10 The Barangay Captain should be responsible for receiving complaints. KP Rules: Rule III. and for all criminal cases within the jurisdiction of the Barangay Captain as determined in the . Mediation and Arbitration11 10 Main articles to be amended: KP Law: 399. the issuance of Barangay Protection Orders (BPO). The prohibition of re-appointment for a successive second term aims at the same goal. mediator. for criminal cases. Rationale. a mediator chosen by the parties should be appointed in his stead. d. arbitration should be made compulsory in order to favor the resolution of cases at the Barangay level and prevent cases from being filed in court which can be resolved at the Barangay level. the Barangay Captain´s authority is limited by law to cases where the penalty is up to 1 year of imprisonment or a fine of 5. the Barangay Captain should appoint one arbitrator chosen by the parties from the Lupon list. all criminal cases falling under these limits could be subject to compulsory arbitration. the Barangay Captain should appoint 3 arbitrators chosen by the parties from the Lupon list to form a Pangkat. For civil cases. it should be made clear that parties could be accompanied by persons that can help them. The fact that only around a rough estimate of 10% of the cases reach the Pangkat mediation stage reveals this reluctance of the parties to a second stage of mediation. given that the parties may not find it worthwhile to go through mediation again. this would contribute to de-clogging the court dockets. The persons who acted as mediators should not act as arbitrators as well. or non-party participant may refuse to disclose and may prevent any other person from disclosing confidential information. this time by a 3-member Pangkat. • The mediator should discuss issues of confidentiality with the parties before the beginning of the mediation process including limitations on the scope and extent of the duty of confidentiality provided in any private sessions or caucuses that the mediator holds with a party. however. However. whether judicial or quasi-judicial. Compulsory arbitration in civil cases could efficiently be done by one arbitrator only. • Information obtained through mediation proceedings at the Barangay should be subject to the following principles and guidelines: a) Information thus obtained shall be privileged and confidential.law. it is proposed to extend the arbitration period to at least 15 days. therefore. b) A party. Confidentiality and other principles on mediation sessions12 The mediation sessions at the Barangay should not be open to the public (although arbitration sessions can be public) nor should minutes of the mediation proceedings be kept nor submitted to the courts. evidence or information . certain cases could require longer periods (to be determined). while allowing for longer periods depending on the cases. such as friends and relatives (provided that they are not lawyers). In criminal matters.000 pesos. it seems appropriate to limit compulsory arbitration to cases under a certain amount (to be determined). Arbitration should take place over a period of at least 15 days. Instead. Given that the Barangay Captain would no longer mediate. while for criminal cases a 3-member Pangkat should be formed. • The mediator should keep in utmost confidence all information obtained in the course of the mediation process. c) Confidential information shall be inadmissible in any adversarial proceedings. However. 21 The current period for arbitration provided for in the law (10 days) seems too short. a distinction between civil and criminal cases should be made: given that all civil cases without quantitative limits fall under the authority of the Barangay Captain (except cases where one of the parties is a corporation or between persons living in different municipalities). therefore. A second stage of mediation by the Pangkat should be optional. While appearance of parties in person is a key principle. with higher income cities and municipalities having better trained Lupon members. and/or recommend that the party obtain appropriate assistance in order to continue with the process. the alternatives to non-settlement. including private caucuses. e. the mediator may either: a) limit the scope of the mediation proceedings according to the parties’ ability to participate. The mediator should recognize and keep in mind that the primary responsibility of resolving a dispute and shaping of a settlement rests with the parties. The Local Government Code shifted the burden of supervising the KP from the DILG to the DOJ without specifying who is ultimately responsible for training and monitoring of their performance. Section 4 b) and e). or b) terminate the mediation proceedings. it was largely left to the Municipal Local Government Units. e) The parties may. or fully participate in. the mediator should recommend that the parties seek outside professional advise to help them make informed decisions and to understand the implications of any proposals. Confidentiality is essential to effective mediation because it promotes a candid and informal exchange regarding events in the past. This has grave implications to access to justice of poor and vulnerable groups: those who are far from the center and who . the Municipal Local Government Operations Officers to train and Non Government Organizations to train the Lupong Tagapamayapa. except in any proceedings to enforce or repudiate the settlement. and that each party is free and 12 Main articles to be amended: KP Law: 404 b). Rule VI. This has largely resulted to a skewed level of capacities and skills of the Lupong Tagpamayapa. Delineation of functions between the Department of Justice and the Department of the Interior and Local Government One of the biggest stumbling block in increasing the capacity of Lupong Tagapamayapa members is on the lack of clarity between the jurisdiction over the Katarungang Pambarangay by the Department of Justice (DOJ) and the Department of the Interior and Local Government (DILG). In the absence of any applicable rules.that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by its use in mediation. stipulate that the settlement agreement shall be sealed or not disclosed to any party. Rationale. the issues. The mediator should make reasonable efforts to ensure that each party understands the nature and character of the mediation proceedings. the persons involved or previously involved in a mediation may not be compelled to disclose confidential information obtained during mediation: i) the parties to the dispute. RA 9285. Confidentiality contributes to the success and integrity of the mediation process. otherwise known as the Alternative Dispute Resolution Act and its Implementing Rules and Regulations should be a reference for mediators and for mediation processes at the Barangay level. Where appropriate. KP Rules: Rule III. This frank exchange is achieved only if participants know that what is said in the mediation will not be used to their detriment through later court proceedings or other adjudicatory processes. Thus. 414. Section 7: KP Law: 415 22 able to make whatever choices they desire regarding participation in mediation generally and regarding specific settlement options. by an agreement in writing. the available options. d) In such an adversarial proceeding. the mediation proceedings for any reason. If the mediator believes that a party is unable to understand. in all Regional jurisdiction of the country that serves as repository of electronic and physical copies of reference materials on local governance. a single department such as the DILG would not be able to cover all of the barangays in any given time period. the barangay justice system may very well be headed to that direction. given a higher level of skills and a sense of civic duty. from the DOJ personnel who do not have much presence in the municipalities except for the public attorneys and prosecutors who are overly extended and few in numbers. The above proposed amendments to the KP Law are meant to embody greater citizen participation. to one that is truly a citizen-driven judiciary? Given appropriate national and local government support. thus depriving its citizens of quality dispute resolution services. and generally having control over decisions on matters that affect their lives. given greater citizen awareness of their rights.000 villages amounts to almost a million Lupong Tagapamayapa members needing training and refresher courses every three years. and a resource center.are poor. f. with citizens exercising their right to choose their preferred dispute resolution mode (mediation or arbitration). and the practice of providing training by agencies with no mandate and capacity to train (eg. have less access to training and capacity building. who needs access to justice more. having a greater voice on who will facilitate the resolution of their disputes. VI. With limited resources. Also. This is not too far behind the concept of village-level tribunals composed of lay people (not judges and lawyers) that would hear cases similar to the formal court system. the DILG has a training arm. the Local Government Academy. However. It is thus an imperative to clarify once and for all the delineation of functions of the DOJ and the DILG over the supervision and training of the Lupong Tagapamayapa. The Future: Towards a Citizen-Driven Justice System The barangay justice system is about citizen participation in the pensation of justice at the lowest levels.. In the future. 10-20 Lupong Tagapamayapa members in each village. There needs to be a system of accreditation for civil society groups and nongovernment organizations with local presence to in turn train Lupong Tagapamayapa members. Training and Capacity-Building Training the Lupong Tagapamayapa is an overwhelming challenge. It thus in a better position to 23 train Lupong Tagapamayapa members and other community mediators in a consistent and standardized manner. The Local Government Resource Center. since their front line service personnel are closer to the barangays. . The Philippine barangay justice system is a fusion of folk traditions and Western conceptions of justice. dare we hope to see the transformation of a judicial system that is bureaucratic and inaccessible. tempered by universal declarations of human rights. This paper recommends that training and supervision revert back to the DILG. the case of municipalities receiving training from the Commission on Audit) should be regulated. the regime of “open access” and the lack of standardization should also be addressed. multiplied by almost 40. In this sense. which number shall not be more than twenty (20) in each barangay. community-based development. Book II of this Code. People who have this sense of security are more likely to participate in community activities that aim to improve the livelihood and well-being of all. subject to the budgetary limitations and personal services prescribed under Title Five. barangay tanod or community service unit as may be necessary. The Punong Barangay shall also designate a Chief Tanod/ Executive Officer to head the group. chargeable to the barangay of the city or the municipal government to which the barangay belongs. mandates the Sangguniang Barangay.weebly.html BARANGAY TANODS 12/22/2013 0 Comments The barangay tanod brigade plays an important role in the development and progress of the barangay. It is one of the implementing mechanisms of the Barangay Peace and Order Committee (BPOC). to provide for the organization of community brigade.http://lgupdates.of the same Code. Chapter 4. which has the primary task of ensuring that peace and order prevail in the barangay. shall be granted insurance or other benefits during their incumbency. LEGAL BASIS: Chapter 2 Secton 387 (b) of the Local Government Code provides that the Sangguniang Barangay may form community brigades and create such other positions or offices as may be deemed necessary to carry out the purposes of the barangay government in accordance with the needs of public service. Section 393 (d) further provides that all duly appointed members of the barangay tanod brigades or their equivalent. as the legislative body of the barangay. Peace and order in local communities translates to a sense of a shared feeling of security among the citizens.com/1/post/2013/12/barangay-tanods. COMPOSITION: . the maintenance of peace and order is part of the foundation for genuine. Chapter 4 Section 391 No. 16 . The tanod shall be organized into teams composed of a Team Leader and two (2) to four (4) members. ORGANIZATION: The barangay tanod shall be supervised by the Punong Barangay. police or military personnel / officers maybe appointed. it may create more as maybe necessary to carry out the purposes of the barangay government in accordance with the needs of public service. subject to the budgetary limitations of the barangay. Voluntary resignation . For other causes that the BPOC may determine 5. CONFIRMATION OF APPOINTMENT: A barangay tanod member shall be appointed by the Punong Barangay upon recommendation of the Barangay Peace and Order Committee (BPOC). A Filipino citizen 2. QUALIFICATIONS: 1. such as: 1. Gross neglect of duty 4. Of good moral character 7. Must be a resident for at least 6 months of the barangay where he is appointed 3. Retired government employees. Must be a registered voter 4.The barangay tanod is a community brigade composed of civilian volunteers duly appointed by the Punong Barangay upon recommendation of the Barangay Peace and Order Committee (BPOC). While the Local Government Code provides a maximum of twenty (20) tanods in each barangay. Violation of law (Revised Penal Code and Special Laws) 2. At least 18 years old but not more than 60 years old 5. Can read and write but preferably high school graduate 6. Physically and mentally fit Exemptions maybe granted to barangays where there are lacks of qualified volunteers. TERM AND RENEWAL OF APPOINTMENT: The term of appointment of barangay tanod member shall be for three (3) years which may be renewed unless earlier revoked for a valid cause. Commission of crime involving moral turpitude 3. white T-shirts. If the barangay lacks resources to finance equipment mentioned above. if prescribed. ID shall be worn as part of their uniform to be provided by the barangay. Gadgets Nightstick with teargas (probation) with belt and holster Handcuff with holster Whistle Flashlight Raincoat Rainboots Small notebooks and ballpen First aid kits Fire extinguishers may be maintained in the Barangay Halls. However. the BPOC shall submit the name of replacement to the Punong Barangay for approval. . Uniform – Maong pants. vest with markings and name-cloth. DEPLOYMENT: The basic operational area of the Tanod is their own Barangay. In case of any replacement due to expiration of appointments. ball cap and rubber shoes shall be the minimum requirements of the Tanod’s uniform.Renewal of appointment shall require favorable recommendation of the BPOC. voluntary resignation or for other cause. the Barangay Tanod may be deployed outside their area of responsibility when requested to assist in other barangays upon written request to the concerned Punong Barangay. Awards and decorations can be part of the uniform. to be determined by the concerned barangay. EQUIPAGE: 1. The Tanod can be issued patches attached to their jacket. the most important equipage shall be the priority. 2. Assist in the implementation of the Fire Code of the Philippines. Report to the concerned barangay officials or through Hotline “117” the occurrence of any crime. 8. illegal gambling. and in the recovery of stolen properties. Assist in the institutionalization of PATROL “117” Programs. 5. insurance or other benefits stated under Section 393 of the Local Government Code during their incumbency. Pursuant to CHED Order No. public disturbance. the barangay tanod shall: 1. fire. 7. Conduct patrol / ronda in the barangay. 2. drug pushing. Perform other functions as may be direct by the Punong Barangays.DUTIES AND RESPONSIBILITIES: Under the supervision of the Punong Barangay. 2. crime against women. 4. 3. Assist the police and the lupong tagapamayapa in the execution of warrants and other judicial processes such as tracking the whereabouts of missing persons. Monitor the presence and or activities of suspicious persons. Conduct surveillance on crime breeding areas within the barangay / purok and report their observations / findings to the proper authorities or through Hotline “117”. Coordinate closely with the barangay officials and police / local authorities in the drive against all forms of crimes such as terrorism. Assist in facilitating smooth flow of traffic. smuggling. All duly appointed members of the barangay tanod shall be granted honoraria / allowances. carnapping. 6. and other lawless elements within their jurisdiction and report the same to the proper authorities or through Hotline “117”. criminals. 10. in arresting escaped prisoners and other fugitives from justice. Assist the barangay officials in the prevention of crime and the promotion of public safety. and 12. BENEFITS: 1. and environmental degradation activities and other untoward incident in the barangay. child abuse. drug trafficking. accident. all forms of vices and syndicated crimes. 11. Detect all forms of fire hazards and other public safety hazards / violations and to institute corrective measure with their capability. 9. 62 series of 1997 a maximum of two (2) children of barangay tanods who have met the hereunder qualifications shall be provided study grants: . though some do carry arms. a type of machete. In Cebu City. [4] They are not officially armed with guns. 3.[8] . municipality's. d. the city government permits each barangay to pay a tanod an "honorium" of 4. public disorders. The city / municipality shall provide incentives and awards to the best performing barangay tanod Wikipedea.wikipedia. they are not a part of the PNP.[3] Rather tanods augment the police and fulfill "certain functions which the police force cannot immediately discharge especially with respect to the implementation of national and local laws within barangays. tanods only receive 300 pesos per month.[5] they can receive some payment and other benefits[1] which are paid out of the barangay's. say with a truncheon or a bolo. supplemented by other sources. e.is the lowest level of law enforcement officer in the Philippines. while others carry the firearms illegally.a. Not more than 21 years of age at the time of application. c. barangay peacekeeping and security officer. He is a watchman for a barangay who is supervised by the barangay captain and performs a variety of police functions. Children of barangay tanod as certified by the Punong Barangay. The Department of Interior and Local Government provides training and a fuller definition of duties. b.[4] Those who do carry a gun may have obtained a private license as a private citizen and not as part of their official tanod duties. also known as a barangay police officer -.[3] They may be either unarmed or armed simply. High school graduate whose average rating of 80% or higher. or barangay police safety officer) -.and sometimes as BPSO (which can stand for barangay peace and security officer. Tanods are "front liners (sic) in the preparation and response to any type of atrocities.000 pesos per month.[7] In other places.org https://en. [2] They do not have the same authority as police officers.org/wiki/Tanod A barangay tanod. While they are often described as volunteers. emergencies and even disasters or man-made calamities that threaten peace and order and public safety."[1] Duties[edit] While they cooperate with the Philippine National Police (PNP). or city's funds[6] which mostly come from the Internal Revenue Allotment."[3] The Local Government Code of the Philippines sets out the basic duties and responsibilities of a tanod.000. Tanods can receive different pay and benefits depending upon the wealth and need of the local community.00. Have passed the entrance examination of the State College or University where he / she intend to enroll. Financially incapable to pursue a college education and whose parent’s annual income does not exceed P72. https://www. started last week and is being conducted through the Barangay Tanod Skills Enhancement Project (BTSEP).5 per barangay.questia. had 392 tanods across 88 barangays.000 barangay tanods (auxiliary forces) nationwide in an effort to make them effective partners of the police in the maintenance of peace and order in the community and in the fight against crime. there were 3.452 tanods as of 2012.[9] (There are about 140. the second phase of the Barangay Tanod Professionalization Program (BTPP) of the government. or an average of 4. He emphasized that the training program is in line with the Arroyo administrations efforts to promote and sustain genuine and lasting peace and order in the country with the help of the barangay tanods.[10] In the province of Southern Leyte. The city of Cebu authorizes each barangay to hire up to 20 tanods. The DILG secretary said the training activities. varies from city to city and barangay to barangay. the city of Baguio. .000. ABEN Department of the Interior and Local Government Secretary Jose Lina Jr.In 2004.[11] Often a barangay will have a tanod outpost that can either be a simple shelter or a small concrete building. focused on the various aspects of law enforcement. announced yesterday that the DILG has begun its training program for over 700.000 personnel of the Philippines National Police. with a population of approximately 325. however.com/article/1G1-114145754/dilg-trains-barangay-tanods-as-partners-of-cops-in DILG Trains Barangay Tanods as Partners of Cops in Peace Drive Read preview Article excerpt Byline: ELENA L . there were over 700. or about an average of 17 per barangay. there are 950 tanods across 56 barangays.) The number.[3] In Cagayan de Oro.000 tanods.[8] In 2011. name a few. municipal mayors will be requested to let all their tanods attend the one-day activity. in addition to the accident insurance to be given to every tanod member. PIA Southern Leyte January 18. batuta. while the provincial government through the PP will provide the lunch and snacks for the attendees. ”Ea municipality is requested to send all their tanods and to provide their transportation. There will be at least 533 Barangay Tanods that are expected to grace the affair to include all the Chief Tanods of ev barangay throughout the province.Through this training. … http://www. Southern Leyte – The province of Southern Leyte through the initiative of Governor Damian G. The gathering of Barangay Tanods will highlight the distribution of kits that include flashlight. Mercado announced the upcom Tanod Congress requesting the body to file a resolution authorizing the release of funds in assistance for the said congress to conducted at Maasin City gymnasium. handcuffs. Tuesday at the Governor’s Office here.com/news2012/jan/b556. CADAVOS. though. The DILG chief said the project is a capacity-building and skills training activity.htm Southern Leyte to initiate Barangay Tanod Congress By R. as well as a proficiency development endeavor to ensure that the barangay tanods develop a certain degree of learning and expertise to be able to perform their commitment as peace and public safety officers with a high sense of integrity and responsibility. .G. 2012 MAASIN CITY. we hope to develop the skills and capabilities of barangay tanods as public safety officers. 2012. it was learned during the PPOC meeting presid by Gov. tear gas. In a meeting held with the PPOC members. Mercado coordination with the Provincial Peace and Order Council (PPOC) will conduct a one-day Barangay Tanod Congress tentativ scheduled on March 1. Lina said.samarnews. Gov. Mercado.” Mercado disclosed. edu.452 barangay tanods provincewide.ndcp. fire marshals. PPOC members. http://www. : 38 Class Year : 2003 Code No.ph/library/thesislist. The PPOC also filed a resolution inviting DILG Secretary Jesse Robredo to grace the Barangay Tanod Congress. : 1447 . The Philippine National Police (PNP). vice mayors. Other participants to the upcoming tanod congress are the provincial officials. municipal/city mayors. among others concerned. Philippine Army (PA) and the Department of Interior and Local Government (DILG) give some inputs and share a lecture on the laws that can be implemented by the local tanods. All barangay Tanods of Maasin City are expected to participate. peace a order barangay chairmen.php?start=1431 Regular Class No.There are a total of 3. Armed with nightsticks. Although they are given some incentives pursuant to the Local Government Code. its impact and limitations as well as prospects of maximizing their services to enhance national security proved to be not only timely but also necessary.Author : GAPANGADA. They serve as effective and indispensable instrument of even the smallest Local Government Unit (LGU) in pursuing its vision of effective and efficient governance. Given this scenario. Day by day. The limited number of our policemen given the low salary they receive can hardly cope in reducing the rate of criminality. a look into the nature of the jobs of Barangay Tanod. these are often not commensurate to the type of risks that are inherent in the nature of the job that they perform. They are composed of civilian volunteers guarding our own neighborhood from lawless elements and they have proven their worth in the prevention of crime by serving as deterrent to criminals especially in areas where policemen are scarce. crimes happen around us. they are often exposed to dangers. of copies : 3 Place of Publication : NDCP ABSTRACT The present weak economic condition that we confront increases the risk of securing life and property and maintaining Peace and Order. ARCADIO B Title : An Assessment of the Role of Barangay Tanods in Mainstreaming Peace and Order Subjects : Barangay Security No. which we cannot simply disregard. Barangay Tanods are at the forefront in maintaining Peace and Order in every Barangay. the Barangay can provide some assistance in terms of providing supplementary force to our police officers and Barangay officials and complementing the effort of deterring crimes in the community level. Given this setting. . consisting of selected municipalities and the City of San Pablo. The result of the study highlights the need to professionalize our Barangay Tanods thus. An enhanced performance of the Barangay Tanods definitely redounds to the benefit of every individual consisting of the community. In distributing bicycles for Peace and Order Patrol. Interview with stakeholders. Understanding their role can lead to better execution of existing laws affecting Barangays and adoption of policies that may enhance Barangay Tanods participation in the area of monitoring peace and order. What factors contribute to the maximum utilization of the services of Barangay Tanods in maintaining Peace and Order? These have been answered in this study including the identification of problems and issues that affect the effective performance of the Tanods. local government officials. The assessment is limited only to the Province of Laguna. as well as focused group discussion among experts. while a peaceful community help support a stable country.The study was conducted in order to provide policy makers some ideas on nature of the job Barangay Tanods perform. ensuring National Security.00. Local Government Officials and practitioners can also benefit from the study for they can have a first hand account of how Barangay tanods perceived their role as well as how the community can better support them. . talking with ordinary folks. he started informally his research by making the intended subject a recipient of his provincial allocation. the researcher deeply immersed himself in the local environment of each constituent Barangay. facilitating the standardization of their selection and recruitment that can ultimately contribute to boosting their morale. the risks involved and the type of support that they need from the community and other government institutions. An array of existing related literature as well as newspaper articles helped the author complete his assessment. were also conducted to deepen the assessment of Barangay Tanods Performance. In conducting the study. As a duly elected official of the province. It is actually an attempt to assess whether the functions and duties of Barangay Tanods are defined in appropriate legislation's or issuance's and is there a need for any remedial legislation that can help maximize the potential of the Tanods in maintaining Peace and Order and eventually. he did not only win the heart of the community but also the support of the unrecognized force multipliers who risked their lives and limbs over a little above P450. listening to their thoughts before starting the conduct of survey. As shown in the table.5% of the respondents know a lot while 47. Barangay Tanods are considered not only as force multipliers but also important partners in preserving the environment and useful public information dissemination agents: No less than the President of the land had admitted the usefulness of our Barangay Tanods not only in anti-terrorist campaign but also in equally important government operation such as the recent Severe Acute Respiratory Syndroms (SARS) campaign. They could be tapped for intelligence gathering and patrolling thus. not only are our Barangay Tanods perceived as effective in maintaining Peace and Order and in reducing crimes but also they proved helpful in gathering and giving of information." The Department of Interior and Local Government (DILG) chief. At least 22. "The Barangay Tanod is a potent force to reckon with in terms of extending technical and operational support to our policemen in the campaign against criminality especially street crimes. Among the perceived problems. Secretary Jose D. . The delegation of police power will all the more put into significance the professionalization of the Barangay Tanods so as to ensure that they are not prone to abuse the powers delegated to them. he added. only 20. In terms of public awareness of success stories of Tanods participation in cases that lead to arrest or crime resolution. However. a significant portion of the respondent also do not believe that they should be provided with firearms. The results show the positive approval rating of the respondents when asked about the effectiveness of Barangay Tanods on various services that they render. the low salary and incentives given proved to be the most pressing.7% are not aware. It was observed that the lowest mark was attained at the area where presence of Barangay Tanods was perceived as deterrence to commission of crimes. the President also noted the important role community watchmen play in deterring the commission of crimes.. Lina Jr. While majority of the respondents feel that the Barangay Tanod should be clothed with police power.4% know some. An interesting observation can be traced in the result of the survey. and even during emergency and disaster operations.The study has shown that indeed Barangay Tanods are useful to the community. said. in a speech delivered by Her Excellency GLORIA MACAPAGAL ARROYO. At present. enhancing police visibility in the Barangay. Results have shown the willingness of respondents consisting of local community residents to provide him with support. The state recognized the integral role of Barangay Tanod in community governance and as an indispensable instrument in the maintenance and protection of peace and order as evidenced by specific provisions in the Local Government Code providing limited benefits and privileges for its members. Barangay Tanods share with law enforcers a coordinative role in the total effort to check social and economic problems that affect their communities. However. Appropriate basic and advanced knowledge. Given the important contribution of the Tanods. such benefits are still not commensurate with the services and the commitment being provided by the Barangay Tanod members. 1. professionalization proved to be the top most choice. from information dissemination to protection of the environment. The state or condition of the Barangay Tanods at present leaves them highly vulnerable to the weaknesses of the very institutions where they belong. attitude and skills vital to the performance of their function should likewise be provided. 2. they will continue to be eternally beholden to those who appointed them. Not only are they considered as effective force multipliers but also reliable partners of the government in its various program. be it food during ronda or even legal support. The study has shown that the effectiveness of the performance of Barangay Tanod depends on the support of the community and the institution where he belongs and his own perception and attitudes towards his role. Unless the hiring and selection process are professionalized. The following are the recommended courses of actions based on the results of the study. They serve as partners of law enforcers in the fight against criminality especially street crimes.When asked about what options or alternatives can help improve the service delivery of the Barangay Tanods. Conduct further professionalization and other skills training for the Tanods to enable them to muster enough confidence in the performance of their duties. the Local Government Units should endeavor to lobby for the approval of pending bills at the lower and upper houses that would increase the benefit of the Tanods such: . the LGUs may invite resource speakers from the DILG and NBI. When it comes to investigation skills and ability. Barangay Tanods play a critical role and in the process contributes to maintaining Peace and Order and eventually ensuring National Security.3. Implications to National Security It is undeniable that in the governments drive against criminality. Cases where Barangay Tanods had helped in the resolution should be compiled and if possible should be given wide dissemination. . Peace and Order creates a stable political environment that encourages growth and development. The LGUs should tap the service of “Karate groups. Utilization of tri-media should be fully optimized highlighting the role of Barangay Tanods in keeping the community safe and secured and its role in national security. and the likes and enter into Memorandum of Agreement with these organizations to tap their services in the enhancement of fighting skills of Tanods. Judo enthusiasts. The LGUs my also explore the possibility of building linkages with church organizations and civil society at large who can readily help in the recognition and promotion of assistance to the Barangay Tanods. 4. the study has shown that the Barangay Tanods are not only efficient force mutipliers and an effective agent at the cutting edge of the Governments fight against crime for they had also helped the government win the hearts and minds of the people. This can further encourage mobility and support for the plight of the Barangay Tanods that can hardly be attended to by the Government due to limited resources. More than anything else. 5.