THE MOUNTAINEER

Barangay justice system
EDISON L. BADDAL BONTOC,

Mountain Province -- Marcos left the legacy of a barangay justice system, aptly dubbed as Katarungang Pambarangay, at the height of his power in the late ’70s. This judicial system was codified under Presidential Decree 1508 and was integrated later into the Local Government Code of 1991 (RA 7160) under Sections 399 to 422.

Subsequently, the Department of Justice formulated and promulgated implementing rules and regulations in the implementation of the KP. Then as now, the underlying philosophy behind the lupon proceedings is the conciliation and peaceful resolution of conflicts filed with the lupon so as to reduce the volume of cases filed before the courts or quasi-judicial bodies like the DAR adjudication board.

Along this line, the law was envisioned to attain three objectives which, aside from embodying the aforesaid philosophy, were all literally directed to the achievement of a just and equitable society. In fact, as cases occur at the barangay level being the basic implementing unit of any government programs, projects and activities, the law clothed the punong barangay with a quasi-judicial power to settle cases in addition to his administrative duties and functions.

In the process, the PB is not only the chief of the barangay but also a lawmaker and arbiter of cases all rolled into one. The law likewise promoted the involvement of the citizens in the barangays in the dispensation of justice by having at least 10 or 20 of them appointed as Lupon members by the PB based on uncompromising integrity, sense of fairness, independence of mind and probity.

This is to give flesh to the dictum that the attainment of justice is the concern of everybody and not just the magistrates and personnel of the formal courts. The first objective is the perpetuation, with an intent of giving official recognition, “on the time-honored tradition of settling disputes among family and barangay members at the barangay level without judicial recourse.”

Pre-colonial Filipinos enjoyed harmonious, close-knit interpersonal relations even outside family circles that any disruption in relations due to any wrongdoing was amicably settled. Such wrongdoing did not matter in terms of gravity or superficiality as the most important point of consideration is the amicable settlement of disputes or causes of misunderstanding between parties.

The KP thus intends to amicably settle all cause/s of dispute between and among barangay inhabitants in keeping with the above said crude judicial practice of pre-colonial Filipinos. With its formal adaptation to present judicial needs and aspirations at the grassroots, it is presumed that minor cases filed with the barangay lupon will result into a speedier administration of justice. Likewise, it will prevent and repair any damage or rupture in personal relations among barangay inhabitants, specifically between disputants to a case.

On top of this, its efficient exercise will vitalize the fiber of family relations and helps strengthen the family further as a basic social unit. This is also aside from preserving positive Filipino values of camaraderie, goodwill and harmonious interpersonal relations. Secondly, Katarungang Pambarangay will greatly relieve the courts of congested dockets which inevitably results from indiscriminate filing of cases. What’s worse is if included among such are superficial, whimsical and ridiculous cases.

To think that the resolution of cases in Philippine courts usually takes an eternity, a whimsical case filed with the court like oral defamation or slander, is virtually a waste of a court’s time and resources. With this country bugged by corruption in all government transactions in any government agency including the courts, justice grinds so slowly as lawyers indulge in any conceivable tactic to delay resolution of cases.

Lawyers are more interested in lining their pockets with cash, fattening their wallets as well as increasing their bank accounts and possessions than serving the ends of justice. Patriotic lawyers could only be found from the ranks of prosecutors although some of them including some judges and justices have not spared from engaging in shenanigans. Some of them have been accused of engaging in nasty machinations to extract favors from litigants, particularly the moneyed elite.

At any rate, time used for handling whimsical cases should better be used for prosecuting meritorious cases which have broader significant social impact. This goes without saying also that dockets on whimsical cases are unreasonably and unjustifiably cramping limited filing cabinet of the courts.

Thirdly, it is deemed that the decongestion and relief of the courts of heavy dockets with the institutionalization of the KP will inevitably result in enhancing the quality of justice being dispensed by the courts. But minus the shenanigans, of course. Needless to say, the courts will have more time to prosecute meritorious cases.

What’s more, its timetable of resolving a case for a minimum of 90 working days as required by the Supreme Court could be much easier to attain. However, the main problem is that the new crop of PBs and their lupong tagapamayapa members aren’t skillful nor knowledgeable of the KP processes on mediation, conciliation and arbitration. These processes are the main substance of KP without which the system would not operate effectively in the barangays.

The PBs aren’t aware that mediation is the first process to be done before other processes. Also, in the case of conciliation, PBs and the lupon members aren’t aware that not all the lupon members are involved in the process but that only three of them are. The three comprises the pangkat tagapagkasundo.

The composition of the pangkat is mutually agreed upon by the disputants to the case. In the case of arbitration, this is resorted to if both parties to a case agree to have their case arbitrated anytime while the mediation or conciliation proceedings are being undertaken. Mediation and conciliation, if successful, result in amicable settlement firmed up in a language or dialect spoken or both known to the parties while arbitration results in an arbitration award which is also written in a language spoken or both known to the parties concerned.

The fact that many minor cases belonging to the categories of criminal, civil and miscellaneous have been granted to the lupon for resolution necessitates a comprehensive training for the PBs and the lupon members. Nothing is farther from the truth as the lupon are likewise given the authority to resolve non-criminal cases which the court, DOJ Secretary or the president may assign to it from time to time.

Aside from being trained in the duration of the proceedings in the processes of mediation, conciliation and arbitration, it is also indispensable that the lupon members should be knowledgeable on the effective strategies on how to convince the litigants to settle their differences among others. For it is a given that inasmuch as lupon members are required by the law to explore all avenues and possibilities to resolve the conflicting interests of both parties to a case, tried and proven but effective strategies should be employed so as to render a favorable settlement to a dispute that is both acceptable to both parties.

Likewise, the lupon members, notably the PB, should learn how to accomplish the multifarious KP forms particularly on those that are crucial to the resolution of the dispute itself like the form on amicable settlement, arbitration award or compromise settlement and the motion for execution of an amicable settlement or arbitration award.

Or those forms that pertain to the elevation of an unsettled dispute to the regular courts like certificate to file action, certificate to bar action, certificate to bar counterclaim of respondent/s to a case among others.

Meanwhile, the lupon members work on a voluntary basis just like the barangay health workers. The former ,though, are considered agents of authority while in the performance of their duties aside from enjoying official time while engaged in barangay proceedings if they are government employees.

Considering that they are dispensing the ends of justice at the grassroots level, they are considered as frontliners in the promotion of justice therein. It is this writer’s proposition then that the DOJ should fund a comprehensive training for the lupons. This is on account of the fact that inasmuch as the DOJ is the one monitoring and evaluating the prosecution of cases filed with the formal courts as well as the settlement of cases in barangay proceedings relative to its mission of promotion and enhancement of justice and peace and order nationwide, it is therefore mandated to train the lupons.

This is especially true for lupons of 4th to sixth class LGUs or lower which is dependent on the Internal Revenue Allotment appropriated by the national government for their upkeep and have no fund for other programs on top of their pet programs and projects. Awhile back, I suggested that the DOH should remedy the regular allowances of the overworked but unpaid BHWs by coordinating with the LHB Chairs as the former are the primary health care frontliners in the barangays.

In the same vein, the DOJ should also remedy the incentives and benefits of lupon members for 4th to sixth income-class barangays inasmuch as the they are the frontliners in the dispensation and promotion of justice and equity in the barangays. As a BHW coordinator tartly remarked at Mt. Data Hotel last May 16, 2008 (after I lectured on RA 7883,the BHW Act on said date), “Nobody wants to work as a volunteer.” It is my credo that well-supported workers are always the most productive, efficient and resourceful.