V.

PROBLEMS ENCOUNTERED BY THE KATARUNGANG PAMBARANGAY IN THE

PERFORMANCE OF THEIR FUNCTIONS

Table 4 showed the problems encountered by the Lupong Tagapamayapa as

perceived by the Lupon. Lack of training/ seminars attended ranked first, with sixty one

(61) counts, (42.9%). The second problem was the lack of funds for Katarungang

Pambarangay, forty five counts (45) or (31.6%). Non-appearance of the respondents in

the hearing ranked third, with thirty six counts (36) or (25.3%).

Given the fact that they lack training it could be inferred that the Lupon members

have minimal knowledge regarding the technicalities in the procedural solving of

disputes in the context of Katarungang Pambarangay system. The data also suggest

that the Department of Interior and Local Government (DILG) should conduct more

trainings that could help improve in the disposition of cases in the barangays to increase

the level of competence in the basic political unit of the state.

Lack of funds was perceived to hinder the performance of the lupon. In the study

of Valenzuela J. (2013), lack of budget resulted in the ineffectiveness of the barangay

officials in Local Governance in Legazpi. Therefore financial constraints resulted to the

poor consequences in the performance of the Lupon. Proper allocation of budget must

meet the required incentives and honorarium for the Lupon in accordance with the RA

7160. Non-appearance of the respondents, as in the two disputing party was a problem

of non-cooperation. Without the parties involved the cases could be clogged in the

barangay or dismissed. That being said, the constituents must also do their role and

participate in the conduct on their respective barangays.

v. RECOMMENDATION OF THE LUPON TOWARDS THE PROBLEMS

ENCOUNTERED BY THE LUPONG TAGAPAMAYAPA

Table 5.a, showed the recommendations towards the problems of the Lupong

Tagapamayapa as perceived by the lupon. It showed that there should be an additional

requirement for every would-be lupon to have at least attended seminars and trainings

which are relevant to the Lupon’s functions which has a gleaned count of seventy seven

(77) or a percentage of fifty four point two percent (54.2%) was ranked first. There

should be a keen assessment and evaluation on every would-be Lupon in order to see

its capacity, knowledge, and suitability for the task of conciliation of disputes has a

gleaned count of sixty two (62) or a percentage of forty three point six (43.6%) was on

second rank, followed by the Lupong Tagapamayapa should impose sanctions for

parties who failed to appear for the hearing which has sixty one (61) glean count or forty

two point nine percent (42.9%) was on third rank. There should be an active monitoring

on the higher agency, specifically the DILG over the operations of the Lupong

Tagapamayapa from receiving complaints up to the settlement proceedings got the

least rank with fifty three (53) counts or thirty seven point three (37.3%).

In connection with the data stated above, it can be inferred that the lupon are

aware that the need of additional trainings and seminars attended by the members of

the Lupon would improve the disposition of their functions and the exercise of their

duties. This data is consistent on the lack of seminars and trainings that should be

provided by the LGU or DILG, as a perceived problem by the lupon in table 4. This will
be a reminder to the agencies that they should give more attention and support to the

Lupong Tagapamayapa as a group under their jurisdiction. Additional requirement

means an increase in the fast settlement of cases because more knowledge and

strategies on settling disputes would be acquired by the members of the Lupon.

Concerning the problem on the keen assessment and evaluation on every would-

be Lupon in order to see its capacity, knowledge, and suitability for the task of

conciliation of disputes, it can be inferred that in relation with the data above, additional

trainings and seminars would add to the good qualification of a Lupon. Assessment and

evaluation is indeed necessary so as to contribute to the speedy disposition of the

cases, taking into consideration that less knowledge, capacity and suitability to the

position would just worsen the settling of the resident’s conflicts.

The lupon members also recommend that the Lupong Tagapamayapa should

impose sanctions for parties who failed to appear for the hearing. This data showed that

discipline was an important factor to easily settle disputes. Appearing on date set for

hearing means that parties were cooperating with the Lupong Tagapamaya as they

complied with the procedural means to settle disputes. Moreover, appearing on time for

the hearing would lessen the time of settling cases.

Monitoring by the DILG over the operations by the Lupong Tagapamayapa

ranked least in the recommendations. This was an implication that the lupon members

wanted to enjoy autonomy. The authority of the Barangay Chairman to supervise in the

affairs of the lupon was acknowledged to suffice the imperative compliance duties and

obligation.
v. RECOMMENDATION OF THE RESIDENTS TOWARD THE PROBLEMS

ENCOUNTERED BY THE LUPONG TAGAPAMAYAPA

Table 5b, showed the recommendation of residents toward the problems

encountered by the Lupon. There should be an active monitoring of the higher agency,

specifically the Department of Interior and Local Government (DILG), over the

operations of the Lupong Tagapamayapa from receiving complaints up to the settlement

proceedings which had a gleaned count of three hundred fifty one (351) or (88.1%)

which ranked first. Followed by the Lupon Tagapamayapa should at all times entertain

all complaints filed by any party. If any rejection happens, there should be the imposition

of sanctions to the members of the lupon who neglected their responsibility of receiving

complaints for the settlement of dispute in the Barangay had a gleaned count of three

hundred forty two (342) or a percentage of eighty five point nine percent (85.9%) was on

second ranked, followed by The Lupon Tagapamayapa should give their utmost efforts

in conciliating opposing parties, but if there is a failure to attain amicable settlement, the

lupon should actively transmit or endorse the case to courts for adjudication which has

three hundred ten (310) glean count or seventy seven point eight percent (77.8%) was

on third ranked. The least had a frequency count of two hundred thirty nine (239) counts

or sixty percent (60.0%) stated that the Lupon Tagapamayapa should impose sanctions

for parties who failed to appear for the hearing.

The monitoring of the higher agency specifically by the DILG in the operations of

the lupon is the most important recommendation for the residents. This

recommendation is perceived as a way to improve the expedite resolution of the lupon

in the dispensation of the barangay justice system. If properly monitored, the idea was
to gain financial assistance, training and seminars by the DILG based on the

assessment in the lupon. Likewise the residents wanted a body or agency higher than

the barangay to oversee the conduct of lupon and barangay officials as a way to correct

an impending flaw and shortcomings.

The second ranked recommendation sought to gain the trust in the lupon

members. If all the complaints were entertained they have to be heard by the counsel.

The residents wanted the arbitrators to be accommodating with regard to the issues in

the barangay and the parties concerned. Corollary to the settlement of disputes the

exhaustion of efforts is deemed significant so that the problems would be settled. The

effort to conciliate was not to be in vain even if it be forwarded to the court if the

disputants seen it.

The least in the recommendation was that, the Lupon Tagapamayapa should

impose sanctions for parties who failed to appear for the hearing. It could be inferred

that the sanctions for the party who failed to appear was arbitrary since the parties

concerned could receive a letter from the barangay. In fact, there was no provision in

the Katarungang Pambarangay Law that state the necessity of imposing sanctions. If a

barangay sanctioned the party who failed to appear the barangay’s action was

questionable on the grounds unjustifiable burden in the party. Generally speaking, the

residents knew the significance of their role in improving the effectiveness of the lupon

members and the barangay as a whole. The negligence or non-participation of the

constituents would hinder the services intended for them.

Conclusion

Based on the foregoing findings, the following conclusions were deduced.

1. It turned out that most of the members of the Lupong Tagapamayapa belong

to the elderly sector, male, graduated from college and government employee. The

personal profile of the lupon members as to their age, sex and educational attainment

suggests that the experiences of the persons were factors in their appointment by the

barangay captain. It also implied that the willingness of the educated It was found out

that respondents who claimed to have attended the seminars and trainings with regard

to the Katarungang Pambarangay Law are only fifteen (15) out of the total lupon

members. It implies that the respondents were not well equipped with the basic

knowledge of the Katarungang Pambarangay Law. Most of the respondents were

residing for a long time in their barangay, the majority is ten to fifteen (10-15) years.

This implies that residency is a factor in their familiarity with the environment within their

jurisdiction.

2. Most of the Lupon members claimed that they were fulfilling their duty in

accordance with the laws and rules. This implies that they are conscious of the basic

proceedings and technicalities necessary in carrying out their functions in the

implementation of the justice system in the barangay.

3. It turned out that the Lupong Tagapamayapa is very effective in solving cases.

This is an implication that the Lupon is a significant instrument in settling disputes

through the administration of justice between and among their constituents.

 4. It was clearly shown that majority of the Lupong Tagapamayapa members

have lack of trainings and seminars attended being the problem relating to the

performance of their functions. This implies that most of the Lupon members are

applying only their basic knowledge on solving conflicts without enhancing their skills

and knowledge through seminars and trainings regarding amicable settlement of

disputes.

5. The Lupong Tagapamayapa members recommended that additional

requirements for every would-be lupon to have atleast attended seminars and trainings

should be imposed as a response to the problems encountered by them. This implies

that most lupon members agreed that in order to have an efficient settlement of

disputes, every lupon must possess the capacity and ability to resolve conflicts which

are reflected in the trainings and seminars they have attended.

On the other hand, the residents of the barangays recommended several

solutions in order to improve the performance of the functions of Lupong

Tagapamayapa. This means that the respondents themselves are aware of their

responsibility as citizens and constituents but further support from concerned

government agencies is required.

Recommendation
 From the foregoing conclusion, recommendations are hereunder presented for

possible consideration of the respondents, and other concerned constituents and

researchers who may have studies similar to this present undertaking.

For the Lupong Tagapamayapa:

1. There should be an active monitoring of the higher agency, specifically the

Department of the Interior and Local Government (DILG), over the operations of

the Lupong Tagapamayapa from receiving of complaints up to the settlement

proceedings.

2. The Lupong Tagapamayapa should at all times entertain all complaints filed by

any party. If any rejection happens, there should be the imposition of sanctions to

the members of the lupon who neglected their responsibility of receiving

complaints for the settlement of dispute in the barangay.

3. Assigning one from the LT who will be responsible for the monitoring of the lupon

members in discharging their duties, such as the maintenance of all record books

of all complaints by the secretary of lupon, and other functions of the lupon

members

4. The Lupong Tagapamayapa should give their utmost efforts in conciliating

opposing parties, but if there is a failure to attain amicable settlement, the lupon

should actively transmit or endorse the case to courts for adjudication.

For the residents:

1. The Lupong Tagapamayapa should impose sanctions for parties who failed to

appear for the hearing.

 2. The Lupong Tagapamayapa should first orient the disputants an agreement that

they will act accordingly with respect towards the lupon members as the mediator

in order to settle the dispute peacefully without contempt from the parties

involved.

3. The lupon must actively seek financial support from the city or municipal

government or other higher agencies for the effective operations of the

Katarungang Pambarangay.

There should be a keen assessment and evaluation on every would-be lupon in order to

see its capacity, knowledge, and suitability for the task of conciliation of disputes.