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 womens and childrens
rights (parish priests, datu, imam, NGOs, POs, rural health worker, day care worker,
or head of a local womens 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 DILGs 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 Womens 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 publics, especially poor
peoples, 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, Tigaons 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 economyclass 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 populations 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 Maranaos 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 Maranaos rank and
status; an individuals unusual behavior is a manifestation and a validation of the
maratabat of his position in the social hierarchy. 5 From Bartolome, Claribels
Maratabat and Rido: Implications for Peace and National Development 12 In addition
to the personal dignity and extreme sensitivity, maratabat is the Maranaos
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 Kudarats 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 elders 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 Pamantingans
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-Hiligaynonspeaking, 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 Womens and Childrens 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 wellperforming 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 nonpartisanship, 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
Captains 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
pensation 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 Tanods 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 parents 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 Governors 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.