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 mediator@digitelone.com;
saliksik@yahoo.com 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
systems, procedures and practices operating at the BJS in selected target barangays, including the
extent to which those conform to or depart from the parameters provided by the KP Law. 4 4. Selection
of Sample Barangays and Respondents: The municipalities were chosen from among the 36
municipalities in the five provinces of Oriental Mindoro, Camarines Sur, Capiz, Lanao del Norte, and
Sultan Kudarat. Criteria for selecting sample barangays and municipalities were: cultural/industry mix,
and caseload of KP. From each province, one municipality was selected, for a total of five sample
municipalities. From each sample municipality, one barangay nearest the first level courts and the
municipal government, one target barangay farthest from the center, and as practicable as possible, one
midway barangay were surveyed. The assumption of this methodology is that the barangay nearest to
the center of government (i.e, 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, while the
farthest barangay with the highest caseload would present the most challenging conditions being faced
by the katarungang pambarangay. One other justification for the methodology is that the barangay
nearest the center were expected to have a higher caseload than a rural barangay, as the opportunities
for crime and conflicts are more present in urbanizing areas, whereas the midway barangay would allow
for other factors such as cultural mix, industry types, and average socio-economic status of residents.
Other considerations in selecting the sample barangays were: socio-cultural mix (eg. Muslim-Christian or
Christian-Lumad, representation of coastal and non-coastal areas), and the commitment and capacity of
DILG field personnel to arrange the FGDs and interviews quickly and efficiently. From these criteria, the
following municipalities and barangays were selected: PROVINCE MUNICIPALITY BARANGAYS Oriental
Mindoro Puerto Galera Rural- Tabinay Midway/Coastal- Sabang Urban – Poblacion Camarines Sur Tigaon
Rural – Cuyaoyao Midway - Salvacion Urban-Poblacion Capiz Dao Rural- Manhoy Urban- Duyoc Lanao
del Norte Baloi Rural /Mixed Muslim- Christian– Nangka Urban – Ma. Cristina Sultan Kudarat Tacurong
City and Esperanza Rural/Mixed IP-Christian – Pamantingan Midway /Mixed Muslim-ChristianAla Urban
– Brgy. Poblacion, Tacurong City 5 Informants came from the following sectors: a) either one of the
following: barangay captain, secretary of the lupon or at least one active member of the Lupon. When
all were available at the time of the field visit, a focus group discussion (FGD) was conducted. FGDs were
preferred to that of one-on-one interviews as there is simultaneous validation and checking among
respondents. 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,
datu, imam, NGOs, POs, rural health worker, day care worker, or head of a local women’s group). If
more than one of these were available at the time of the field visit, an FGD was conducted c) as
practicable as possible, at least one recent user of the system. A. General Barangay Organizational
Structure Existing literature on the Katarungang Pambarangay largely focuses on the Lupon
Tagapamayapa. By legal definition, the Lupong Tagapamayapa is equated with the concept of barangay
justice. However, in order to understand barangay justice in its generic sense (i.e., justice as it is
obtained in the barangay), it is important to understand the entire barangay structure and examine
which actors play a role, either in a primary or adjunct capacity, when citizens attempt to access justice
at the lowest level. This paper thus does not limit the concept of barangay justice to the operations and
practices of the Lupong Tagapamayapa alone, but to the entire barangay structure itself. The Local
Government Code of 1991 Section 324 mandates the barangay with three most basic functions. A) as a
basic political unit, the barangay is the smallest political entity used for governance; b) As a primary
planning and implementing unit, the barangay is mandated to plan development projects in its territory
and to deliver basic services of the government; and c) as a forum, the barangay is the sounding board
of the views of the people on various governance topics. In relation to the first and last basic functions,
the barangay provides a venue for the amicable settlement of disputes. The Local Government Code
mandates each barangay to have a punong barangay, seven sanggunian barangay members, the
sanggunian kabataan chairman, a barangay secretary, and a barangay treasurer. The law also mandates
the formation of a Lupong Tagapamayapa. The sangguniang barangay may form community brigades
and create other positions or offices necessary subject to budgetary limitations. For purposes of the
Revised Penal Code, the punong barangay, sangguniang brangay members, and members of the lupong
tagapamayapa in each barangay shall be deemed as persons of authority in their jurisdictions, while
other barangay officials and members who may be designated by law or ordinance and charged with the
maintenance of public order, protection and security of life and property, and any barangay resident
who comes to the aid of persons in authority, shall be deemed agents of persons in authority. The term
of office of elective barangay officials is three years. They may not serve for more than three
consecutive years for the same position. 6 B. The Katarungangang Pambarangay (KP) System: Chapter 7,
Sections 399-422 of the Local Government Code The Barangay Justice System (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. The creation of the BJS can be considered a significant
milestone in making redress of grievances accessible to the poor. Another objective of the BJS is to
recognize traditional and indigenous modes of dispute resolution, because even before the BJS was
established, time-honored traditions based on kinship, utang na loob (debt of gratitude), padrino
(patronage), pakikisama (comradeship), and community mores already define, however informally, how
justice should be served. Organized in the villages, the Katarungang Pambarangay or Barangay Justice
System is a widely recognized alternative system of resolving disputes at the local level. While there are
other existing modes of alternative dispute resolution (ADR), such as those traditionally practiced by
local communities and indigenous peoples, the BJS has been accepted and used all over the country. The
BJS promotes ways of resolving disputes through the mechanisms of conciliation, mediation, and
arbitration, which are perceived to be more aligned with community values geared towards consensus
rather than adversarial modes as exemplified by the formal court system. The punong barangay is
concurrent Chair of the Katarungang Pambarangay. Assisting the punong barangay is the lupong
tagapamayapa (mediation committee) 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, through the pangkat tagapagkasundo (conciliation panel, 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 barangay secretary acts as custodian of KP records, records the results of the mediation proceedings
before the punong barangay, and submits reports to the proper city or municipal courts and relevant
agencies. The system is exemplified by informal processes and the prohibition of the presence of
lawyers during its proceedings.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. 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. 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- 2 The disputing parties
are however not prohibited from consulting lawyers prior to or during the mediation process. 7 level
dispute resolution mechanism, the Barangay Agrarian Reform Committees (BARCs). Disputes cognizable
by the BJS are often referred to as “minor disputes or offenses” including petty thievery, slander, gossip,
collection of loans, petty destruction of property and crops, and the like. There are three general
categories of types of cases recorded by the BJS in their quarterly reports: criminal, civil and other cases.
Upon closer scrutiny, the other cases mentioned refer to those that fall outside its jurisdiction, but are
registered as a dispute, are mediated, and either resolved or unresolved by the barangay. In recent
years, there had been an increasing number of cases involving domestic violence, child abuse, and rape
incidents filed by citizens with the BJS. 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),
Family Courts were established to hear cases on these3 . The BJS still gets involved in VAWC and CICL
cases through the issuances of Protection Orders and diversion programs, respectively, with close
coordination with Family Courts prosecutors/public defenders, the police, and municipal social workers
and health officers. The primary objective of PD1508 was to decongest the courts of its cases. By setting
limits on cases that may be filed with the regular courts, the law hopes to give judges ample time to
study the cases and prepare good decisions. 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. C. Other Important Stakeholders at the Barangay What is evident
however from this study was that while the Katarungang Pambarangay Law is limited to the Lupong
Tagapamayapa with the Barangay Captain as its Chair and the Barangay Secretary as its documenter,
there are a variety of actual practices on the ground that do not limit mediation, conciliation and even
arbitration to these actors alone. Various actors within the barangay and sometimes even the whole
barangay structure itself are often involved in dispute resolution. In many provinces, the barangay
kagawads(village councilmen) and barangay tanods(village police) are actively involved in dispute
resolution. More often, cases are brought first to Purok leaders (who are more often the Kagawad
assigned in that purok and is a resident of that purok). A purok is a subunit of the barangay composed of
a cluster of households. Each barangay can have as many puroks as deemed practicable and necessary,
but in many cases, there are as many puroks as there are barangay council representatives, usually
seven, with each one represented at the barangay council by their respective kagawad. On cases where
the number of puroks exceed the number of kagawads, purok leaders represent their puroks at
barangay meetings. As mentioned above, the barangay kagawads is the village level council members,
the legislative arm of the villages. Their mandated function is to enact ordinances and plan 3 one bench
among the Regional Trial Courts is usually designated as a Family Court. In areas where there is no
designated Family Courts, or where they are geographically inaccessible, the nearest Municipal or Circuit
Courts may accept family-related cases and VAWC cases. 8 for barangay development. In actual practice,
however, as they are salaried officials, most barangays maximize their kagawads by assigning them
many committee memberships and conferring them with problem-solving mandates, including that of
dispute resolution. Along with the barangay kagawad, the barangay tanod also plays an important role
in conflict resolution and maintenance of peace and order in the community. 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. The Local
Government Code provides for a maximum of 20 tanods in each barangay; however, villages may create
more as necessary “in accordance with the needs of public service, and subject to the budgetary
limitations of the barangay”. The Punong Barangay can designate a “Chief Tanod/Ex-O” to head the
group. The tanods can also be organized in teams of two to four members in each team headed by a
Team Leader. With the advent of progressive women- and children-related laws, the barangay officials,
especially the Punong Barangay, plays an increasingly important role in access to justice of vulnerable
groups. More than the Lupon Tagapamayapa (who although are considered persons of authority by the
Code, are however not salaried members of the barangay structure and are not elected), the barangay
captain benefits from the assistance of the barangay kagawads and tanods in dispute resolution. D.
Other Important Stakeholders at the Municipal Level For the Department of Interior and Local
Government, two front line service providers play very important roles in the barangay justice system
and dispute resolution: The Mayors, and the Municipal Local Government Operations Officers (MLGOOs)
The Municipal Mayor is the local chief executive at the municipal level. The Mayor (and in some cases,
the Vice Mayor, 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. Because the
Katarungang Pambarangay do not have jurisdiction over disputants belonging to different barangays,
Mayors then provide a valuable alternative to the courts. 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.
In Muslim areas such as in Lanao del Norte, where cases of rido (Maranao clan wars) can often become
very violent and deadly, and often involve multiple barangays and clans, the Mayors play an important
role in dispute resolution. The Municipal Local Government Operations Officer (MLGOO) is the front line
field personnel for the DILG. They plan, organize, direct/implement, and monitor the DILG’s programs
and activities in the municipality. They provide technical assistance to the local chief executives at the
municipal and barangay levels, and provide secretariat assistance to the Municipal Council at the
municipal level. Perhaps because of their influence in 9 municipal governance, they are often referred to
as “little mayors”. In relation to the Katarungang Pambarangay, the MLGOOs are automatic members of
the KP Monitoring Units, and in majority of the cases, is the sole monitoring authority involved in
gathering reports and providing supervision over the Katarungang Pambarangay. They are also looked
on to provide training and advise to barangay officials and Lupon Tagpamayapa members. In some
cases, the MLGOO is sometimes called upon to settle disputes that the barangay is unable to settle, or
to mediate in cases where parties involved are barangay officials. Other important stakeholders who
invariably find themselves providing services to barangay disputants are: Municipal Social Welfare
Officers, Chief of Police and Women’s Desk Officers, Municipal Health Officers, Fiscals, Prosecutors and
Judges at the MTC, MCTC, NCIP for communities with indigenous peoples, and datus and Ulamas for
communities with Moslem populations. II. 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. The enactment of the Local Government Code in 1991 was expected to assist in
strengthening the BJS and its institutional network. This still needs to be realized fully. However, in
general, the BJS has done its share by providing the venue for justice to be accessible to the community.
All literatures, surveys, and researches reviewed for this Institutional Assessment demonstrate the need
to review the support given by government and nongovernment institutions to the BJS. While the BJS
presently works well, strengthening support for the system through information, training and capacity-
building measures, and inter-agency cooperation will definitely solidify its role in improving the public’s,
especially poor people’s, access to justice. The BJS needs to be interfaced with other laws that aim to
protect the rights of indigenous peoples over their ancestral lands and domain. There is a need to
review the role of the punong barangay/barangay captain in view of the fact that he is an
elective/political official, because much of the literature, 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. There is a need to review the
composition of the Lupon. While one literature suggests that the lupon should be elected, to be able to
raise awareness on its existence, 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. 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, or even as paralegals. 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. There is also a
need to increase the jurisdiction in the nature of cases, i.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. There is a need to improve the access to family courts and strengthen its tie-up
with the BJS. There is a need to put in place a strategic training and capacity-building program that
addresses the enormous problem of training 42,00 barangay Lupons, which translates into 400,000-
800,000 Lupons with a term of three years. A program that aims to address such a huge human resource
training needs should take cognizance of the information, training and capacity-building needs and
resource needs of such an undertaking. III. Case Studies of Five Municipalities: Results of Barangay Level
Key Informant Interviews and Municipal Level Focus Group Discussions4 Municipal Profiles 1. Tigaon,
Camarines Sur - Tigaon is located in the eastern part of Camarines Sur. It has a total land area of 10,988
hectares. It is 44 kilometers northeast of Naga City and 492 kilometers South of Manila. A total of 45,500
(2004) persons in 8,650 households are presently inhabiting the town. 4,350 of these are located in the
only urban barangay of Poblacion. The town is agricultural with abundant supply of palay, corn, root
crops, sugarcane, coconut, citrus, vegetables, marine, livestock and poultry products . Formerly world-
renowned because of its high quality of abaca fibre, Tigaon’s supply of abaca is now depleted due to
massive conversion of abaca plantations into sugarcane and/or corn. 2. Puerto Galera, Oriental
Mindoro-Puerto Galera is currently classified as a third class municipality in the province of Oriental
Mindoro. According to the 2000 census, it has a population of 21,925 people in 4,424 households. It is
the northwesternmost municipality in Oriental Mindoro. 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, called “fast-crafts”. This
coastal town is famous for its numerous pocket beaches and snorkeling and diving spots. Recent years
has seen a 4 For brevity and to comply with the requirements of the APMF Conference, the detailed
results of research findings per municipality has been excluded in this report. Instead, the report
proceeds immediately to general findings and recommendations 11 huge reduction in the number of
fishermen in the area, as they shift to and gain higher revenue from tourist-related activities. Puerto
Galera is home to Sabang Beach and White Beach, favored by foreign and local tourists respectively.
These two are extensive beaches with first-class to economy-class accommodations and an active night
life in bars and restaurants. Behind the beaches are the huge and generally unexplored mountain ranges
of central Mindoro. Mangyan tribes are scattered over the mountains sides - some of the tribes in the
innermost parts of the mountains have no contact with the outside world. Of the eight tribes on
Mindoro, the Iraya, living in the Puerto Galera area, is the largest. Although a minority, there is also a
significant number of Moslems living in the Poblacion (estimated at 700 people). 3. Balo-i, Lanao del
Norte - Balo-i is a crossroad of two cities: Iligan City and Marawi City. This Municipality is strategically
located in terms of trade development and agricultural growth. Balo-i serves as one of the outlets of the
said two cities for commercial and agricultural products. Balo-i enjoys a mild climate almost free from
the direct effects of tropical typhoons. Excessive weather disturbances are unheard of. Balo-i is still
basically an agricultural community with a total effective agricultural land of approximately 11,698.25
hectares representing 83.71% of the total land area. These are distributed to the following major crops:
rice, corn, legumes and coconut. Seventy percent of the municipalities’ approximately 39,000
inhabitants are Moslems. Three out of 21 barangays of Balo-i have mixed Christian-Muslim populations.
The area is most famous for its waterfalls, springs, lakes and parks, and there is a significant number
(10% of population) of fisherfolk. 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. The Maranaos are proud of their cultural heritage and values, and understanding these values
would lead to a better understanding of Maranao traits and behavior. Maranaos are noted for their
maratabat and rido (sometimes spelled ridu) - values that refer to self-esteem, personal dignity, honor
and pride, on one hand, and family feuds, conflicts, revenge, and acts of retribution on the other.
Maranaos are extremely sensitive people, especially when their maratabat is at stake. The Maranao’s
honor and dignity are everything to him, so that the wounding of these, whether real or imagined,
becomes a challenge to his manhood. Maratabat is the key to Maranao psychology, the single most
emotionally charged concept among Maranaos. Derived from an Arab term, maratabat means “rank”,
“honor”, or “status”, similar to the Spanish “amor proprio” meaning selfesteem. It is often equated with
the Tagalog “hiya (shame)” or “yabang (pride)”. It is directly proportional to the Maranao’s rank and
status; an individual’s unusual behavior is a manifestation and a validation of the maratabat of his
position in the social hierarchy. 5 From Bartolome, Claribel’s Maratabat and Rido: Implications for Peace
and National Development 12 In addition to the personal dignity and extreme sensitivity, maratabat is
the Maranao’s expression of social position or rank consciousness, sustained by social coercion. It is also
a mechanism for controlling conflict and achieving reconciliation, a sort of welfare and social security
system, and a defense mechanism. A Muslim scholar refers to a close relationship between maratabat
and the Arabic words tartib and martabah. Tartib is order, arrangement, or sequence, while martabah
means rank or grade a person possesses in relation to an order. Maratabat involves and manifests, or is
related to shame, anger, aggression, hostility and violence. It is one of the major roots of Maranao
conflict and their non-resolution. When an individual transgresses a Maranao adat (custom), the
Maranao reacts, and his reaction, whether negative or positive, is what is referred to as maratabat. In
maratabat, the Maranao puts the law into his own hands to avenge a personal or family injury.
Otherwise, he will be continually insulted by those who knew of the unavenged offense. Until the
majority of the Maranaos decide to describe to the legal procedure of administration of justice, rido will
always take place. Rido is a Maranao term which can be equated with feud, conflict, discord, and
disagreement. The ambit, however, of what can be classified as rido is too wide to discern immediately.
Rido could either be petty trouble or a grave conflict; however, it is usally associated with major
confrontations. Rido also applies as a generic term for whatever trouble that may ensue out of the
conflict. It is vendetta pitting one person, family or clan against another. 4. Tacurong City and Esperanza,
Sultan Kudarat- Esperanza is a third class municipality in the province of Sultan Kudarat, Philippines.
According to the 2000 census, it has a population of 47,578 people in 9,598 households. Esperanza is
politically subdivided into 19 barangays. Brgy Ala, a rice and corn farming community, is located 18 kms
from Tacurong City, and could be reached in 30minutes from the City by bus. It has approximately 3,000
population in 525 households. Ala hosts two detachments- one for the Philippine Army, and one for the
Police. As of 2006, there are 225 Maguindanaoans residing in Ala. Brgy Pamantingan is about the same
size as Ala, with a population of 3,355, 75% of which is Teduray (an indigenous people), while the rest
are Ilongo, Cebuano and Manobo. A Note on Maguindanaoans Some notes on Maguindanaoan culture is
worth mentioning at this point, as Sultan Kudarat’s Moslem population is predominantly
Maguindanaoan. The Maguindanaon justice system is mostly uncodified, but the current generations
still practice the age-old system of administration of justice handed down through verbal history and
oral tradition. Such is the case of Maguindanaoans of Brgy Ala in Esperanza, Sultan Kudarat. 13 A datu is
the ruler of the elders of the community, who is always a male. However, women are allowed to
participate in decision-making. One becomes a datu by lineage, and among the sons, one is chosen to
become a datu by age and experience, and the trust and confidence one has earned from the
community members. The Maguindanao enforce a system of sanctions and punishment which is in most
cases a product of consensus among elders (usually, five elders) in the community. The Maguindanaoans
usually enforce punishments through compensation in cash; retribution is not favored. The elder’s word,
when handed down, is final and executory. A Note on the Teduray Indigenous Peoples6 The Teduray
(also called Tiruray) indigenous peoples is also noteworthy. There are an estimated 300,000-500,000
Tedurays living in Central Mindanao, scattered among the provinces of Shariff Kabunsuan,
Maguindanao, and Sultan Kudarat. Their center of governance is located in South Upi, Maguindanao, the
“seat “ of the Teduray Justice and Governance System (TJG). Headed by a Chieftain, the TJG is the
equivalent of the Muslim “sultanate”. The Tedurays have managed to codify their justice system7 ,
composed of three parts: their Ukit (Constitution), Tegudon (Customary Laws), and Dowoy (Penal Code).
It is noteworthy that there are women leaders in Teduray communities, and women leaders are
organized into a Mintailan, whose influence is equivalent to that of a Timuay. Barangay Pamantingan’s
population is predominantly Teduray. 5. Dao, Capiz- Located in central Capiz in Central Philippines, Dao
(pronounced Da-o) is a fourth class municipality 33 kms from Roxas City, 61 kms from Kalibo and 88 kms
from Iloilo. Land area totals 8,640 hectares. It covers 17 rural barangays and three urban barangays.
Surrounded by valleys and hills, 5,000 has are devoted to agriculture. A mostly-Hiligaynon-speaking,
mostly Christian nation, 87% of whom are Roman Catholic population, with nomadic Aeta tribes in
inland pockets. Two barangays were visited in Dao: Brgy Manhuy, and Brgy Duyoc. Of the two, Brgy
Duyoc perhaps represent the ideal conditions for access to justice, although it is located at
approximately the same distance as Manhuy from the town proper, and although it had a very low KP
caseload. IV. Issues Arising from the Case Studies and Implications on Access to Justice for Women,
Children and Other Vulnerable Groups 6 Based on interviews with Timuay Melan Ulama, Assistant
Director of the Organization of Southern Cultural Communities. 7 For more information on the Teduray
Justice System, contact Timuay Santos Unsad at the Organization of Southern Cultural Communities in
Cotabato City. 14 1. 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 members: either 1) the Brgy Captain selects from among community
members; more often than not these are former barangay officials who lost in the elections, the most
oft-repeated reason being that they are already familiar with barangay governance and have obtained
trainings (“may alam”); or 2) puroks/ sitios nominate and brgy. council approves; or 3) Purok leaders
become automatic lupon members. Very rarely do people volunteer to become members of the Lupon.
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, barangay kagawad, purok leaders and the elders who are the
front liners in dispute resolution. It is only in urban areas where the Pangkat Tagapagkasundo is
constituted, and often, the disputants do not have a say on its composition. 2. On the constitution and
composition of Lupong Tagapamayapa. Lupons are largely active in urban areas; the farther one is from
the 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. However, in one urbanizing area (Sabang, Puerto Galera in Oriental Mindoro), the
Lupon, although receiving compensation, is inactive, and dispute resolution is practiced by the Brgy
tanods (barangay police), and the kagawads. This could be explained by the fact that in Sabang, a highly
commercialized tourist spot, residents are transient in character. Disputes mostly involve compensation
for sex workers, and disputants are more often sex workers from nearby provinces, on one hand, and
foreign tourists, on the other. Perhaps the barangay “police” is deemed a more decisive and
authoritative figure, by virtue of their coercive power, rather than the barangay officials. 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 LT members. Women are a
minority, with only one barangay surveyed having half of its Lupon Tagapamayapa as females. The age
of members are also telling: most are middle-aged, with members having as old as 80 years old, with
very rare cases of having members in their 30s. Even in mixed communities, Lupon Tagapamayapa
members are dominantly Christian. In rural areas, majority of members are farmers; only the urban
areas display membership of retired professionals. This profile has many implications on access to
justice for women and her children. Women will hesitate to bring their cases to a predominantly male
tribunal especially if the respondent is a male. On cases involving family matters, women would rather
seek 15 out other women to confide in and bring their troubles to. There is also the danger of machismo
being a factor in facilitating disputes, with women fearing a lack of kindredship and sympathy among a
predominantly male body for resolving disputes. Children and the young disputants may also find little
sympathy among people whose ages are far removed from theirs, and who have very little
understanding of issues confronting the youth. 3. On Mediation and Arbitratrion. 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 (in Western societies, the practice is commonly referred to as med-arb), while all
stakeholders call it “settlement”. Mediation, conciliation or arbitration are hardly mentioned, if at all. 4.
Cases Handled, including VAWC cases. Most common cases handled include: slander (paninirang puri),
brawls (suntukan, bugbugan) and public disturbances, collection of money, petty theft, petty destruction
of crops, dogbites, and threats. Women and childrenrelated cases include: sexual harassment, acts of
lasciviousness, attempted rape, rape (including marital), spousal and child abuse, child support, and
children in conflict with the law. The latter cases involving women and children are interesting because
recent legislation, especially the Anti Violence Against Women and their Children Act (RA 9262, often
referred to by barangay officials as VAWC) expressly prohibits mediation on domestic violence cases.
The barangays may be forgiven for mediating cases because of lack of knowledge with this fairly recent
legislation, and therefore has implication on training and capacity-building. However, even in
communities where there is awareness of the VAWC law, disputants themselves may prefer to have
their cases mediated at the barangays because of the unpredictability and inaccessibility of the court
system, and the lack of support services for victims of violence. Women and children rarely report
abuse, although community members are aware that there are incidences of abuse. If they do report
abuse, women very rarely pursue cases in court, again for lack of support services. Poor people ALWAYS
prefer to settle VAWC cases. 5. On knowledge of Laws, Gender Sensitivity, Availability of Legal Services.
There is very little training opportunities available. 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. This
lack of clarity has been the bone of contention between the Department of the Interior and Local
Government, and the Department of Justice. Because of this lack of clarity, there are no clear,
systematic and sustained training programs for Lupon Tagapamayapa members from either of these two
agencies. It has also created an “open access” mentality among agencies and non government
organizations, exemplified by the phenomenon of employees of the Commission on Audit providing
trainings to Lupon Tagapamayapa members. 16 As a result, there is uneven level of knowledge of the
laws, especially those relating to women and children, and on the respective roles of barangays and
other duty holders in their implementation. VAWC cases are routinely referred to the Municipal Social
Workers who are overextended. Lupon Tagapamayapa and other barangay officials lack gender and
child sensitivity, lack understanding of Muslim and indigenous culture, and are not sensitive to the
needs of indigenous peoples. There is an overwhelming need for availability of legal advise and
information. This is especially with regard to the practice of arbitration. 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. 6. On Cultural Practices. 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. This has several implications. Many Moslem
and indigenous practices are blatantly anti-women, favour corporal punishment for children, and exact
blood money and other forms of retribution not provided for under Philippine laws. While many insiders
and even outsiders of these societies justify the practices under the principle of self-determination and
respect of various cultures, such practices go against universal human rights laws, and the Convention
for the Elimination Against All Forms of of Discrimination Against Women (CEDAW). Such cultural
practices also justify the continued practice of rido, which contributes to the problems on peace and
order in Moslem areas, to the detriment of economic development in that region. 7. On Confidentiality
and Privacy of Proceedings. Confidentiality is rarely protected and observed. The processes are mostly
open to the public, unless the parties request closeddoor sessions or unless the barangay captain and
lupon tagapamayapa members decide otherwise. This is probably the reason why women rarely report
cases of abuse and violence, and why residents who can afford it otherwise resort to filing cases in
courts, a more arduous and expensive processes. The culture of “shaming”, while may be effective
against repeat offenders of petty crimes, will also deter any prospective user of the system, particularly
those whose cases are sensitive, and for those who value their reputation in the community. 8. On
Monitoring and Standardization of Performance. Only the Municipal Local Government Operations
Officers monitor the lupon performance, often through collection of summary reports. The KP
Monitoring Unit is therefore rarely constituted, and monitoring is left to the MLGOOs. 9. On Local
Coordination and Inter-Agency Collaboration on access to justice of women and children. There is very
little coordinative mechanisms in place. Most are informal networks of municipal actors. There is lack of
clarity of roles between barangay and municipal officials. As a result, social workers, the police,
barangay officials and 17 prosecutors/public defenders are at odds with each other on specific cases,
have unharmonized operating procedures, perform on a piecemeal basis, and generally fingerpoint
when offenders go scot-free. Local Women and Child Protection Councils are variably active. Most are
active only during Women’s and Children’s Months. Because of the sheer number of Municipal and
Barangay Councils mandated by various laws, women- and children Councils are not sustained, and most
were established for compliance purposes only. There are no rehabilitative programs for substance
abuse. This is significant because much of the domestic violence and juvenile offences are directly
related to, and triggered by, substance abuse. Majority of municipalities have no temporary shelters; if
there are at all, these are very inaccessible. V. Recommendations This portion is closely tied up with the
recommendations on revisions to the KP Law. One of the major flaws of the KP Law is that the
Katarungang Pambarangay is headed by the Punong Barangay, and mediation is first conducted on the
Barangay Captains level, who is mandated to mediate disputes within 15 days, instead of immediately
delegating the authority to mediate the Pangkat Tagapagkasundo. This has many weaknesses. First, the
barangay captain is an elected official, and thus is a political being. One of the major sources of
polarization in Philippine society is elections, with politicians and parties vying for votes of community
members. More often, barangays are polarized among loyalties to different candidates. Thus,
supporters and relatives of losing candidates often hesitate to use the BJS to resolve disputes, especially
if the other party supported the winning candidate. There is always the perception and fear that Punong
Barangays could not and would not be impartial in facilitating the resolution of disputes, favoring his
supporters and relatives. Based on the preliminary findings, the following proposals for amendments to
the KP Law are being considered:8 a. List of lupon members9 The list of Lupon members should include
qualified persons representing various sectors of society and should be gender-balanced. 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, who should evaluate applications and interview the candidates. The
Board should then recommend the selected candidates to the Barangay Captain. Lupon members should
be appointed by the Sangguniang Barangay for a 3-year term, which can be extended successively. The
list of Lupon members should be as long as required by the actual number of cases in each Barangay.
Membership of the Lupon 8 Drafted in close collaboration with Mr. Felipe Ureta, Team Leader for the
European Technical Assistance Team of the Access to Justice for the Poor Project. These proposals are
currently awaiting comments from the Department of Interior and Local Government ‘s Legal Division.
These will also be forwarded to the Department of Justice for their comments. 9 Main articles to be
amended : KP Law: SEC 399, 400, 401, 402 KP Rules: Rule II a); Rule III, Section 1 A; Rule IV, Sections 1, 2,
3, 4, 7 18 should be open to persons with experience in court annexed mediation or any kind of
alternative dispute resolution mechanisms. The Barangay Captain could propose the members of the
Board for appointment as Lupon members. Also, outstanding persons from the indigenous communities
(datus, elders, sultans) could be appointed members of the Lupon. The three members of the Board are
to be appointed by the Sangguniang Barangay, upon the proposal of the Barangay Captain, for a 3-year
term among qualified persons with experience in justice related fields in the public sector, private sector
or civil society organisations. They should serve only one term and should be replaced annually by
thirds, in order to encourage participation of qualified citizens on a rotation basis. They should serve
without remuneration, but should be paid transport and subsistence allowances. The Board, in addition
to selecting candidates to the Lupon, should also monitor and evaluate the performance of Lupon
members, and recommend new candidates for appointment every year. As part of its monitoring
function, the Board should call monthly meetings with Lupon members. It should also make proposals to
the Sangguniang Barangay for improvement of procedures and practices. The Board should report to the
Sangguniang Barangay: the Board should thus have consultative and advisory functions, with the
decision-making power being exercised by the Sangguniang Barangay. Rationale. The selection of
candidates for the Lupon should be done in accordance with clear criteria and transparent procedures.
Most importantly, the Lupon composition should be gender-balanced. Creating a Board in charge of the
selection of candidates would contribute to the impartiality of the process. While the Barangay Captain
would retain the power to propose the candidates, based on the recommendation of the Board, 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. Lupon members
should be appointed for a 3-year term, with the well-performing ones having the possibility of being re-
appointed for successive 3-year terms. The Lupon and the citizens would thus benefit from the
continuity and permanency of the best mediators or arbitrators. This would avoid replacing the Lupon
members whenever a Barangay election brings a new person to the office of Barangay Captain. The
Lupon should thus be a list or pool of selected persons willing to serve the community as mediators or
arbitrators. 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, there should not be a
maximum number). The Lupon membership could thus be drawn from different and various sectors of
society and fields of expertise, including indigenous leaders. 19 By having the Board members appointed
for 3-year terms with one new member being appointed every year, it is meant to encourage
participation of qualified persons as board members. The prohibition of re-appointment for a successive
second term aims at the same goal. Giving the Board the tasks to monitor and evaluate the performance
of Lupon members, call monthly meetings of the Lupon, and come up with proposals for improvement
of procedures and practices are all intended to guarantee that such tasks are performed impartially and
efficiently, with the Sangguniang Barangay retaining the decision-making power. b. Powers of the
Barangay Captain10 The Barangay Captain should be responsible for receiving complaints, summoning
the respondent (or the witnesses, where applicable), resolving on his/her competency or on objections
to the venue, appointing mediators or arbitrators chosen by the parties, setting dates and times for
mediation or arbitration sessions, taking oaths, executing settlements agreed by the parties and awards
issued by arbitrators, as well as other functions attributed him/her by specific laws, e.g. the issuance of
Barangay Protection Orders (BPO); but he/she should not act as a mediator nor an arbitrator. The
Barangay Captain could delegate his/her powers to other Kagawads, where required by the number of
cases being filed at the Barangay. Rationale. The Barangay Captain should be responsible for those
functions which involve the exercise of power (such as the ones enumerated above), but not for those
which require impartiality, neutrality and non-partisanship, such as mediation and arbitration. This does
not go contrary to Filipino traditions of mediation and amicable settlement of disputes, but instead can
strongly contribute to strengthening those traditions and ensuring their sustainability in the future.
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. Therefore, 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),
while at the same time preserving him/her from being blamed for bias and partiality. c. Mediation and
Arbitration11 10 Main articles to be amended: KP Law: 399, 410 b), 411; KP Rules: Rule III, Section 1 B, C;
Rule VII 11 Main articles to be amended 404, 410 b), 413 a); Rule III, Section 1 C, Section 3, Section 4;
Rule VI, Section 9 20 It is proposed that mediation and arbitration take place according to the following
steps: 1. The Barangay Captain appoints one mediator chosen by the parties by common accord from
the Lupon list, who should perform his/her function within the period determined by the law (15 days).
2. If agreement is not reached by the parties, the Barangay Captain could appoint a Pangkat of three
mediators chosen by the parties from the Lupon list, provided that the parties agree to having a second
phase of mediation by a Pangkat. If the Pangkat is constituted, it should perform its function within the
period determined by the law (15 days). 3. If mediation fails (either by the aforesaid mediator or by the
Pangkat, where this was constituted), arbitration should be compulsory for the parties for all civil cases
up to a certain amount, and for all criminal cases within the jurisdiction of the Barangay Captain as
determined in the law. For civil cases, the Barangay Captain should appoint one arbitrator chosen by the
parties from the Lupon list; for criminal cases, the Barangay Captain should appoint 3 arbitrators chosen
by the parties from the Lupon list to form a Pangkat. The persons who acted as mediators should not act
as arbitrators as well. Arbitration should take place over a period of at least 15 days; certain cases could
require longer periods (to be determined). Rationale. Given that the Barangay Captain would no longer
mediate, a mediator chosen by the parties should be appointed in his stead. A second stage of
mediation by the Pangkat should be optional, given that the parties may not find it worthwhile to go
through mediation again, this time by a 3-member Pangkat. 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. Instead, 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; this would contribute to de-clogging the court dockets. However, 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), it seems appropriate to limit compulsory arbitration
to cases under a certain amount (to be determined). In criminal matters, however, 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 5,000 pesos; therefore, all criminal cases falling under these limits could be subject to compulsory
arbitration. Compulsory arbitration in civil cases could efficiently be done by one arbitrator only, while
for criminal cases a 3-member Pangkat should be formed. 21 The current period for arbitration provided
for in the law (10 days) seems too short; therefore, it is proposed to extend the arbitration period to at
least 15 days, while allowing for longer periods depending on the cases. d. 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. While appearance of parties in person is a key principle, it should be
made clear that parties could be accompanied by persons that can help them, such as friends and
relatives (provided that they are not lawyers). • The mediator should keep in utmost confidence all
information obtained in the course of the mediation process. • 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. • 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; b) A party, mediator, or non-party participant may refuse to disclose and
may prevent any other person from disclosing confidential information; c) Confidential information shall
be inadmissible in any adversarial proceedings, whether judicial or quasi-judicial. However, evidence or
information that is otherwise admissible or subject to discovery does not become inadmissible or
protected from discovery solely by its use in mediation; d) In such an adversarial proceeding, 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; e) The parties may, by an
agreement in writing, stipulate that the settlement agreement shall be sealed or not disclosed to any
party, except in any proceedings to enforce or repudiate the settlement. Rationale. Confidentiality
contributes to the success and integrity of the mediation process. Confidentiality is essential to effective
mediation because it promotes a candid and informal exchange regarding events in the past. 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. The mediator should make
reasonable efforts to ensure that each party understands the nature and character of the mediation
proceedings, including private caucuses, the issues, the available options, the alternatives to non-
settlement, and that each party is free and 12 Main articles to be amended: KP Law: 404 b), 414; KP
Rules: Rule III, Section 4 b) and e); Rule VI, Section 7: KP Law: 415 22 able to make whatever choices they
desire regarding participation in mediation generally and regarding specific settlement options. If the
mediator believes that a party is unable to understand, or fully participate in, the mediation proceedings
for any reason, the mediator may either: a) limit the scope of the mediation proceedings according to
the parties’ ability to participate, and/or recommend that the party obtain appropriate assistance in
order to continue with the process; or b) terminate the mediation proceedings. 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. Where appropriate, 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. In the absence of any applicable rules, RA 9285, 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. e. 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). 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. Thus, it was largely left to the Municipal Local
Government Units, the Municipal Local Government Operations Officers to train and Non Government
Organizations to train the Lupong Tagapamayapa. This has largely resulted to a skewed level of
capacities and skills of the Lupong Tagpamayapa, with higher income cities and municipalities having
better trained Lupon members. This has grave implications to access to justice of poor and vulnerable
groups: those who are far from the center and who are poor, who needs access to justice more, have
less access to training and capacity building, thus depriving its citizens of quality dispute resolution
services. 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. This paper recommends that
training and supervision revert back to the DILG, since their front line service personnel are closer to the
barangays, 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. Also, the DILG has a
training arm, the Local Government Academy, and a resource center, The Local Government Resource
Center, in all Regional jurisdiction of the country that serves as repository of electronic and physical
copies of reference materials on local governance. It thus in a better position to 23 train Lupong
Tagapamayapa members and other community mediators in a consistent and standardized manner. f.
Training and Capacity-Building Training the Lupong Tagapamayapa is an overwhelming challenge. 10-20
Lupong Tagapamayapa members in each village, multiplied by almost 40,000 villages amounts to almost
a million Lupong Tagapamayapa members needing training and refresher courses every three years.
With limited resources, a single department such as the DILG would not be able to cover all of the
barangays in any given time period. However, the regime of “open access” and the lack of
standardization should also be addressed, and the practice of providing training by agencies with no
mandate and capacity to train (eg., the case of municipalities receiving training from the Commission on
Audit) should be regulated. 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. VI.
The Future: Towards a Citizen-Driven Justice System The barangay justice system is about citizen
participation in the dispensation of justice at the lowest levels. The Philippine barangay justice system is
a fusion of folk traditions and Western conceptions of justice, tempered by universal declarations of
human rights. The above 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 or arbitration), 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. 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. In the future, dare we hope to see the transformation of a
judicial system that is bureaucratic and inaccessible, to one that is truly a citizen-driven judiciary? Given
appropriate national and local government support, given greater citizen awareness of their rights, given
a higher level of skills and a sense of civic duty, the barangay justice system may very well be headed to
that direction.
http://lgupdates.weebly.com/1/post/2013/12/barangay-tanods.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), which has the primary task of ensuring that peace and order prevail in the barangay.

Peace and order in local communities translates to a sense of a shared feeling of security among the
citizens. 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. In this sense, the maintenance of peace and
order is part of the foundation for genuine, community-based development.

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, subject to the budgetary limitations and personal services prescribed under Title Five,
Book II of this Code.

Chapter 4 Section 391 No. 16 ,of the same Code, mandates the Sangguniang Barangay, as the
legislative body of the barangay, to provide for the organization of community brigade, barangay
tanod or community service unit as may be necessary.

Chapter 4, Section 393 (d) further provides that all duly appointed members of the barangay tanod
brigades or their equivalent, which number shall not be more than twenty (20) in each barangay,
shall be granted insurance or other benefits during their incumbency, chargeable to the barangay of
the city or the municipal government to which the barangay belongs.

ORGANIZATION:

The barangay tanod shall be supervised by the Punong Barangay. The Punong Barangay shall also
designate a Chief Tanod/ Executive Officer to head the group. The tanod shall be organized into
teams composed of a Team Leader and two (2) to four (4) members.

COMPOSITION:

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, 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.

QUALIFICATIONS:

1. A Filipino citizen

2. Must be a resident for at least 6 months of the barangay where he is appointed

3. Must be a registered voter

4. At least 18 years old but not more than 60 years old

5. Can read and write but preferably high school graduate

6. Of good moral character

7. Physically and mentally fit

Exemptions maybe granted to barangays where there are lacks of qualified volunteers.

Retired government employees, police or military personnel / officers maybe appointed.

CONFIRMATION OF APPOINTMENT:

A barangay tanod member shall be appointed by the Punong Barangay upon recommendation of the
Barangay Peace and Order Committee (BPOC).

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, such as:

1. Violation of law (Revised Penal Code and Special Laws)

2. Commission of crime involving moral turpitude

3. Gross neglect of duty

4. For other causes that the BPOC may determine

5. Voluntary resignation
Renewal of appointment shall require favorable recommendation of the BPOC.

In case of any replacement due to expiration of appointments, voluntary resignation or for other
cause, the BPOC shall submit the name of replacement to the Punong Barangay for approval.

DEPLOYMENT:

The basic operational area of the Tanod is their own Barangay. However, 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.

EQUIPAGE:

1. Uniform – Maong pants, white T-shirts, vest with markings and name-cloth, ball cap and rubber
shoes shall be the minimum requirements of the Tanod’s uniform. ID shall be worn as part of their
uniform to be provided by the barangay.

The Tanod can be issued patches attached to their jacket, if prescribed. Awards and decorations
can be part of the uniform.

2. 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.

If the barangay lacks resources to finance equipment mentioned above, the most important
equipage shall be the priority, to be determined by the concerned barangay.

DUTIES AND RESPONSIBILITIES:

Under the supervision of the Punong Barangay, the barangay tanod shall:

1. Assist the barangay officials in the prevention of crime and the promotion of public safety;

2. Conduct patrol / ronda in the barangay;

3. Report to the concerned barangay officials or through Hotline “117” the occurrence of any crime,
fire, accident, public disturbance, and environmental degradation activities and other untoward
incident in the barangay;

4. Monitor the presence and or activities of suspicious persons, criminals, and other lawless
elements within their jurisdiction and report the same to the proper authorities or through Hotline
“117”.

5. Conduct surveillance on crime breeding areas within the barangay / purok and report their
observations / findings to the proper authorities or through Hotline “117”.

6. Assist the police and the lupong tagapamayapa in the execution of warrants and other judicial
processes such as tracking the whereabouts of missing persons, in arresting escaped prisoners and
other fugitives from justice, and in the recovery of stolen properties;

7. Coordinate closely with the barangay officials and police / local authorities in the drive against all
forms of crimes such as terrorism, smuggling, carnapping, drug trafficking, drug pushing, illegal
gambling, child abuse, crime against women, all forms of vices and syndicated crimes;

8. Assist in the institutionalization of PATROL “117” Programs;

9. Assist in the implementation of the Fire Code of the Philippines;

10. Detect all forms of fire hazards and other public safety hazards / violations and to institute
corrective measure with their capability;

11. Assist in facilitating smooth flow of traffic; and

12. Perform other functions as may be direct by the Punong Barangays.

BENEFITS:

1. All duly appointed members of the barangay tanod shall be granted honoraria / allowances,
insurance or other benefits stated under Section 393 of the Local Government Code during their
incumbency.

2. Pursuant to CHED Order No. 62 series of 1997 a maximum of two (2) children of barangay
tanods who have met the hereunder qualifications shall be provided study grants:
a. Children of barangay tanod as certified by the Punong Barangay;
b. Not more than 21 years of age at the time of application;
c. High school graduate whose average rating of 80% or higher;
d. Have passed the entrance examination of the State College or University where he / she
intend to enroll;
e. Financially incapable to pursue a college education and whose parent’s annual income does
not exceed P72,000.00.

3. The city / municipality shall provide incentives and awards to the best performing barangay tanod
Wikipedea.org

https://en.wikipedia.org/wiki/Tanod

A barangay tanod, also known as a barangay police officer -- and sometimes as BPSO (which
can stand for barangay peace and security officer, barangay peacekeeping and security
officer, or barangay police safety officer) -- is the lowest level of law enforcement officer in
the Philippines. He is a watchman for a barangay who is supervised by the barangay captain and
performs a variety of police functions. Tanods are "front liners (sic) in the preparation and response
to any type of atrocities, public disorders, 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), they are not a part of the
PNP.[2] They do not have the same authority as police officers.[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."[3] The Local Government
Code of the Philippines sets out the basic duties and responsibilities of a tanod. The Department of
Interior and Local Government provides training and a fuller definition of duties.[3]

They may be either unarmed or armed simply, say with a truncheon or a bolo, a type
of machete.[4] They are not officially armed with guns, though some do carry arms.[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, while others carry the firearms illegally.

While they are often described as volunteers,[5] they can receive some payment and other
benefits[1] which are paid out of the barangay's, municipality's, or city's funds[6] which mostly come
from the Internal Revenue Allotment, supplemented by other sources. Tanods can receive different
pay and benefits depending upon the wealth and need of the local community. In Cebu City, the city
government permits each barangay to pay a tanod an "honorium" of 4,000 pesos per month.[7] In
other places, tanods only receive 300 pesos per month.[8]

In 2004, there were over 700,000 tanods.[9] (There are about 140,000 personnel of the Philippines
National Police.) The number, however, varies from city to city and barangay to barangay. The city
of Cebu authorizes each barangay to hire up to 20 tanods.[8] In 2011, the city of Baguio, with a
population of approximately 325,000, had 392 tanods across 88 barangays, or an average of 4.5 per
barangay.[3] In Cagayan de Oro, there are 950 tanods across 56 barangays, or about an average of
17 per barangay.[10] In the province of Southern Leyte, there were 3,452 tanods as of 2012.[11]

Often a barangay will have a tanod outpost that can either be a simple shelter or a small concrete
building.
https://www.questia.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 . ABEN

Department of the Interior and Local Government Secretary Jose Lina Jr. announced yesterday
that the DILG has begun its training program for over 700,000 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.

The DILG secretary said the training activities, focused on the various aspects of law
enforcement, started last week and is being conducted through the Barangay Tanod Skills
Enhancement Project (BTSEP), the second phase of the Barangay Tanod Professionalization
Program (BTPP) of the government.

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.

Through this training, we hope to develop the skills and capabilities of barangay tanods as public
safety officers, Lina said.

The DILG chief said the project is a capacity-building and skills training activity, 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. …
http://www.samarnews.com/news2012/jan/b556.htm

Southern Leyte to initiate Barangay Tanod Congress

By R.G. CADAVOS, PIA Southern Leyte
January 18, 2012

MAASIN CITY, Southern Leyte – The province of Southern Leyte through the initiative of Governor Damian G. Mercado
coordination with the Provincial Peace and Order Council (PPOC) will conduct a one-day Barangay Tanod Congress tentativ
scheduled on March 1, 2012.

In a meeting held with the PPOC members, Tuesday at the Governor’s Office here, Gov. 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.

The gathering of Barangay Tanods will highlight the distribution of kits that include flashlight, batuta, handcuffs, tear gas
name a few, in addition to the accident insurance to be given to every tanod member, it was learned during the PPOC meeting presid
by Gov. Mercado.

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, though, municipal mayors will be requested to let all their tanods attend the one-day activity. ”Ea
municipality is requested to send all their tanods and to provide their transportation, while the provincial government through the PP
will provide the lunch and snacks for the attendees,” Mercado disclosed.

There are a total of 3,452 barangay tanods provincewide. All barangay Tanods of Maasin City are expected to participate.

Other participants to the upcoming tanod congress are the provincial officials, municipal/city mayors, vice mayors, peace a
order barangay chairmen, PPOC members, fire marshals, among others concerned.

The Philippine National Police (PNP), 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.

The PPOC also filed a resolution inviting DILG Secretary Jesse Robredo to grace the Barangay Tanod Congress.
http://www.ndcp.edu.ph/library/thesislist.php?start=1431

Regular Class No. : 38

Class Year : 2003

Code No. : 1447

Author : GAPANGADA, ARCADIO B

Title : An Assessment of the Role of Barangay Tanods in Mainstreaming

Peace and Order

Subjects : Barangay Security

No. 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. Day by day, crimes happen around us, which we
cannot simply disregard. The limited number of our policemen given the low salary they receive can
hardly cope in reducing the rate of criminality. Given this scenario, 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.
Barangay Tanods are at the forefront in maintaining Peace and Order in every Barangay. They
serve as effective and indispensable instrument of even the smallest Local Government Unit (LGU)
in pursuing its vision of effective and efficient governance. 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. Armed with nightsticks, they are often exposed to dangers. Although they are given some
incentives pursuant to the Local Government Code, these are often not commensurate to the type of
risks that are inherent in the nature of the job that they perform. Given this setting, a look into the
nature of the jobs of Barangay Tanod, 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.

The study was conducted in order to provide policy makers some ideas on nature of the job
Barangay Tanods perform, the risks involved and the type of support that they need from the
community and other government institutions. 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, ensuring National Security.

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 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. 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.

The result of the study highlights the need to professionalize our Barangay Tanods thus, facilitating
the standardization of their selection and recruitment that can ultimately contribute to boosting their
morale.

An enhanced performance of the Barangay Tanods definitely redounds to the benefit of every
individual consisting of the community, while a peaceful community help support a stable country.
The assessment is limited only to the Province of Laguna, consisting of selected municipalities and
the City of San Pablo. In conducting the study, the researcher deeply immersed himself in the local
environment of each constituent Barangay, talking with ordinary folks, listening to their thoughts
before starting the conduct of survey. As a duly elected official of the province, he started informally
his research by making the intended subject a recipient of his provincial allocation. In distributing
bicycles for Peace and Order Patrol, 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
P450.00. An array of existing related literature as well as newspaper articles helped the author
complete his assessment. Interview with stakeholders, local government officials, as well as focused
group discussion among experts, were also conducted to deepen the assessment of Barangay
Tanods Performance.

The study has shown that indeed Barangay Tanods are useful to the community. At present,
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.

The results show the positive approval rating of the respondents when asked about the effectiveness
of Barangay Tanods on various services that they render.

As shown in the table, 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.

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. However, in a speech delivered by Her
Excellency GLORIA MACAPAGAL ARROYO, the President also noted the important role community
watchmen play in deterring the commission of crimes.

"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," The
Department of Interior and Local Government (DILG) chief, Secretary Jose D. Lina Jr., said. They
could be tapped for intelligence gathering and patrolling thus, enhancing police visibility in the
Barangay, and even during emergency and disaster operations, he added.
 An interesting observation can be traced in the result of the survey. While majority of the
respondents feel that the Barangay Tanod should be clothed with police power, a significant portion
of the respondent also do not believe that they should be provided with firearms. 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.

Among the perceived problems, the low salary and incentives given proved to be the most pressing.

In terms of public awareness of success stories of Tanods participation in cases that lead to arrest or
crime resolution, only 20.7% are not aware. At least 22.5% of the respondents know a lot while
47.4% know some.

When asked about what options or alternatives can help improve the service delivery of the
Barangay Tanods, professionalization proved to be the top most choice.

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. However, such benefits are still not commensurate with the services and the commitment
being provided by the Barangay Tanod members.

Barangay Tanods share with law enforcers a coordinative role in the total effort to check social and
economic problems that affect their communities. They serve as partners of law enforcers in the fight
against criminality especially street crimes. Not only are they considered as effective force
multipliers but also reliable partners of the government in its various program, from information
dissemination to protection of the environment.

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. Results have shown the willingness of respondents consisting of local community
residents to provide him with support, be it food during ronda or even legal support. The state or
condition of the Barangay Tanods at present leaves them highly vulnerable to the weaknesses of the
very institutions where they belong. Unless the hiring and selection process are professionalized,
they will continue to be eternally beholden to those who appointed them.

The following are the recommended courses of actions based on the results of the study.
1. Conduct further professionalization and other skills training for the Tanods to enable them to
muster enough confidence in the performance of their duties. Appropriate basic and advanced
knowledge, attitude and skills vital to the performance of their function should likewise be provided.

2. Given the important contribution of the Tanods, 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:

3. 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. Cases where Barangay
Tanods had helped in the resolution should be compiled and if possible should be given wide
dissemination.

4. The LGUs should tap the service of “Karate groups, Judo enthusiasts, and the likes and enter
into Memorandum of Agreement with these organizations to tap their services in the enhancement of
fighting skills of Tanods. When it comes to investigation skills and ability, the LGUs may invite
resource speakers from the DILG and NBI.

5. 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. 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.

Implications to National Security

It is undeniable that in the governments drive against criminality, Barangay Tanods play a critical
role and in the process contributes to maintaining Peace and Order and eventually ensuring National
Security. Peace and Order creates a stable political environment that encourages growth and
development.

More than anything else, 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.