Module I: Legal and Conceptual Framework of Barangay Justice System Objectives: To know the Branches of Government and their

r relation of each other To know the Salient Features of LGC like structures in the barangay Activities: Role play and Interactive Discussion Outline: Branches of Government Relation of each branches Situationer Salient Features of LGC like structures in the barangay Content: I. Branches of Government. A. Executive Department Powers and Functions B. Legislative Department Powers and Functions C. Judicial Department Powers and Function II. Relationship between branches of Government A. Laws are created by the congress through the House of Representative and the Senate of the Philippines and then signed into law by the President of the Philippines. B. The Judiciary interprets the law. C. The Executive Department enforces and implements the law.

III.

Situationer

IV.

Salient Features of LGC like structures in the Barangay A. Decentralization, devolution and local autonomy

B. Structure of the LGUs in relation to the Barangay. Module II: Laws and Rules on Katarungang Pambarangay Objectives: To know the History and Nature of KP To know the Administration of KP Activities: Role play and Interactive Discussion Outline: History of the creation and evolution of KP Administration of KP I. History, Nature and Function of KP A. Prior to the LGC On 27 January 1978, Pres. Ferdinand E. Marcos created a Commission to study the feasibility of resolving disputes at the barangay level. This study resulted in the passage of PD No. 1508 (June 11, 1978), the first formal law which mandated the conciliation of disputes at the barangay level. BP 337, the Local Government Code of 1983, also recognized the system of amicable settlement at the barangay level. Existing Laws on the KP RA 7160 (Local Government Code of 1991) IRR of the new KP law issued by DOJ on 1 June 1992. Supreme Court Administrative Circular 14-93, dated 15 July 1993

B.

C.

Difference of existing laws with old KP law Expands coverage of cases Recognizes the existence of indigenous and culturally acceptable forms of dispute resolution Provides for arbitration as a mode of settling disputes Clearly establishes KP as an important aspect of barangay and/or local governance.

D. Objectives of KP Promote the speedy administration of justice Prevent and discourage the indiscriminate filing of cases in the regular courts Relieve the courts of such docket congestion which causes a deterioration in the quality of justice

Perpetuate and institutionalize time-honored traditions and practices of settling localized or domestic disputes among neighbors or families in a peaceful and effective manner Assist the parties in arriving at an amicable settlement

E. Realities of KP system in the Philippines Punongbarangays or pangkats fail to appreciate their role as mediators and instead act as adjudicators or arbitrators. The public also has this mistaken notion that the KP is part of the judiciary. Although arbitration is provided for in the KP very few people are aware of it. Few people are aware of the procedure for adopting indigenous ADR methods as part of the KP. The public and the field implementors of KP have very little knowledge of the technical side of the KP system. II. ADMINISTRATION OF THE KATARUNGANG PAMBARANGAY SYSTEM

A.

Powers of Punongbarangay

1. Constitution of the Lupon

a. Determine number of people, not less than ten [10] nor more than twenty [20],that will constitute the Lupon. b. Prepare a Notice to Constitute the Lupon c. Post said notice to constitute the Lupon immediately upon its completion in three (3) conspicuous places within the barangay for a period of not less than three (3) weeks. d. Appoint not less than ten [10] nor more than twenty [20] persons from the list of names contained in the notice within ten [10] days from the last day of posting. e. Swear the appointees into office and sign their appointment papers and have them attested to by the Barangay Secretary. f. Post the list of appointed Lupon members in three (3) conspicuous places in the barangay for the entire duration of their term of office. g. Withdraw the appointment of any Lupon member for justifiable cause with the concurrence of a majority of all Lupon members.

2. Mediation and Arbitration Functions

a. Receive all written complaints and put in writing all verbal complaints made by individuals personally before him against other individuals. b. Administer oaths in connection with any matter relating to all proceedings in the implementation of the Katarungang Pambarangay. c. Resolve all objections to venue raised during the mediation proceedings before him and certify that he resolved the matter or that no such objections were made.

d. Mediate all disputes within his jurisdiction. e. Reduce to writing the terms of the settlement agreed upon by parties f. Arbitrate the dispute upon written agreement of the parties to abide by the arbitration award of the Lupon Chairman.

3. Constitution of the Pangkat

a. Constitute the Pangkat, in case there is no agreement to arbitrate and mediation efforts are unsuccessful. b. Should the parties fail to agree on the composition of the three-member Pangkat, he shall determine the Pangkat membership by drawing of lots from the lots of Lupon members. c. Fill vacancies in the pangkat d. Set the date and time for the initial hearing of the dispute by the Pangkat, which shall not be later than three (3) days from its constitution.

4. Other Powers and Duties

a. Schedule and preside over the regular monthly meetings of the Lupon; b. Prepare the agenda for each meeting. c. Where the mediation or arbitration was made by him, he shall attest the certification signed or issued by the Lupon Secretary; and d. Enforce by execution, the amicable settlement or arbitration award.

B. Barangay Secretary

1. Keep and maintain a record book of all complaints filed with the Punong Barangay. 2. Note the results of the mediation proceedings before the Punong Barangay and submit a final report to the proper local trial court. 3. Record the willful failure or refusal of a witness to comply with a subpoena issued by the Punong Barangay. 4. Record the willful failure or refusal of a party to comply with the summons issued by the Punong Barangay and issue a certification to bar action/counterclaim. 5. Receive and keep records of proceedings submitted to him by the various Pangkats; 6. Transmit the settlement agreed upon by the parties to the proper local trial court. 7. Transmit the arbitration award to the proper local trial court within five [5] days from the date thereof. 8. Issue the certification required for filing an action or proceedings in court or any government office for adjudication. 9. Issue a certification for barring the complainant from filing a case or the respondent from filing a counterclaim in court in case of willful failure of the complainant or respondent, respectively, to appear.

10. Furnish copies of the settlement or arbitration award to all the parties and to the Punong Barangay. 11. Issue certified true copies of any public record in his custody that is not by law otherwise declared confidential.

C. Lupon ng Tagapamayapa Exercise administrative supervision over the conciliation panels provided herein. Meet regularly once a month to provide a forum for exchange of ideas among its members and the public Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

D. Pangkat Chairperson

1. Preside over all hearings conducted by the Pangkat and administer oaths 2. Issue summons for the personal appearance of parties and witnesses before the Pangkat. 3. Attest to the authenticity and due execution of the settlement reached by the parties before the Pangkat. 4. When the parties agree in writing to have the Pangkat arbitrate their dispute, preside over the arbitration hearings. [e]Attest to the certification issued by the Pangkat Secretary for filing an action or proceedings in court or any government office for adjudication.

E. Other Officials or Offices

1. City or Municipal Mayor- see to it he efficient and effective implementation and administration of the katarungang pambarangay. 2. City/Municipal Govt - provide for such amount as may be necessary for the effective implementation of the katarungang pambarangay in the annual budget of the city or municipality concerned. 3. Secretary/Department of Justice - promulgate the rules and regulations necessary to implement KP. 4. Provincial, City Legal Officer or Prosecutor or the Municipal Legal officer - Render legal advice on matters involving questions of law to the punong barangay or any lupon or pangkat member whenever necessary in the exercise of his functions in the administration of the katarungang pambarangay. 5. Supreme Court Supervise Courts with respect to implementation of KP

F. Constitution of the Lupon

1. PB determines the number of members of lupon

In determining the number of members PB shall be guided by bgy. population and number of disputes previously brought to the barangay for resolution

2. Prepare Notice to Constitute the lupon

Contents: -List of names of proposed members -Invitation to public to oppose or endorse the appointments

3. Posting of Notice to Constitute the lupon

Posted in three conspicuous places in three weeks in the bgy.

4. Appointment and Oath

PB administers the oath

Note: Failure on the part of the PB to constitute the lupon is a form of dereliction of duty which may subject him/her to administrative sanctions.

1. Qualifications of Lupon Member

Actual residence or place of work in the barangay and must possess personal characteristics that indicate his suitability for the task of conciliation of disputes. Such suitability may be indicated by his integrity, impartiality, independence of mind, sense of fairness, reputation for probity and other relevant considerations such as tact, patience, resourcefulness, flexibility and open mindedness. Further, he must not be expressly disqualified by law from holding public office.

2. Disqualifications Any person below 18 years of age Any person who is considered by law as incompetent

 Any person convicted of a crime with the penalties of perpetual or temporary disqualification from holding public office Any elective government official