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Chapter One

The Problem and Its Setting


Introduction One of the basic principles embodied in a democratic constitution is the supremacy of the rule of law. Law is the very manifestation of the nation state internal sovereignty, as a matter of fact, according to many political theorists; law is the hall mark or the very essence of the nation state. It is safe to assume therefore that it is the law that gives life and force to a nation state accords it with political authority and lays down limitation to the government in the exercise of its power and function. This policy mandates the state promote justice in all phases of national development. In the fulfillment of this duty the state must give preferential attention to the community, the poor under the privileged and those who have less in life. To remedy the problem, all rulers of state shall construe their people by means of law. But not all rulers or government use law as instrument of control in the same manner, a government can hardly enforce law to administer justice preserve human dignity and promote personal values of member of the barangay. More over what kind of barangay member do people have been the law is not implemented to prevent abuses? Surely, it is a society of anarchy everyone has to do what he pleases. For strengthening of the system, the government implemented reforms to improve the administration of justice, the Katarungang Pambarangay Law reaffirmed in the Local Government Code under Republic Act 7160 which took effect in 1992. According to de Castro, RA 7160 does not reiterate the perambulatory clauses of PD 1508, which enunciate the philosophy and objectives of the system of amicable settlement of disputes. The omission is not substantive change in fact; the amendment served to enhance or further improve the efficiency of the system of deputes settlement. At this point it is imperative to know certain concepts basic to the understanding of law. In jurisprudence, which is the science of law, these different concepts differ from each although they contain some element common to all. According to St. Thomas Aquinas law is an ordinance of the reason for the common good made by him who has a care of the community promulgated. The end user and recipients of this study will be the residents of Barangay Pinontingan. This study will enhance awareness among residents on the existence of this law, as an alternative to formal adjudication process, further, this study also significant and needed by the policy makers, concerned and the different Barangays of Gubat in particular and the Philippines in general.

Statement of Problem These studies on the Implementation of the Katarungang Pambarangay Law in Barangay Pinontingan seek answers to the following questions. 1. What is the Socio demographic profile of Lupon members in the terms of the following: Age Sex Occupation and Religious Affiliation Civil Status Educational Attainment 2. What are the natures by cases brought to the Lupon of the Barangay? 3. What problems are encountered by the Lupon ng Tagapamayapa in implementing the provision on the Katarungang Pambarangay? 4. What suggestions maybe proposed to improve the implementation of the provision on Katarungang Pambarangay? Scope and Delimitation This study is focused on the implementation of law particularly Katarungang Panbarangay law in Pinontingan, Gubat, Sorsogon the year 2006-2010. The respondents of this study were the ten (10) members of lupong tagamayapa and selected residents of Pinontingan. It does not include the Philippine national Police (PNP) of the municipality Gubat Sorsogon. Significance of the Study This study analyzed the implementation of the law I Barangay Pinontingan, this study serve as feedback mechanism for the residents of that barangay to remedy the barriers in implementing process and for the purpose of amicably setting disputes among the residents in each barangay through conciliation or by arbitration without need of judicial recourse. To the Lupong Tagapamayapa in each barangay within their respective jurisdiction and the completion of the training of the corresponding Barangay Officials for the purpose the City and municipal Development Officers shall certify to said Director concerned to the Supreme Court through the Bureau of Local Government. To the Students. Who are interested to become Lupong Tagapamayapa in their barangay. It will help them understand learn and develop skills to implement law. Antonio Onendain B.J., LL, B., PH, P. the Onendain Hand book on Local Government Administration,Aloha Omega Publication 649 R.O Santos Street Mandaluyong 3119 Metro Manila Phil P. 158-165

NOTES Florentino G. Ayson and Dolores A. Reyes Fundamentals of Political Science National bookstore, Inc., 1993 p 109-120 Antonio Onendain B.J., LL, B., PH, P. the Onendain Hand book on Local Government Administration,Aloha Omega Publication 649 R.O Santos Street Mandaluyong 3119 Metro Manila Phil P. 158-165

Chapter Two
Review of Related Literature and Studies
This Chapter is a presentation of the review of related and studies the researchers after conducting reading and research were able to gather and present ideas, literature and studies to the present problem. This study is one way of another would give to us further insights about this research. Related literature The establishment of the Katarungang Pambarangay System under Presidential Decree No.1508 is significant even in our national life. The system seeks to enrich custom of setting disputes amicably to rescue the Courts of remembers time to the adjudication of cases. The successful implementation of this system will depend to a great extent upon the Barangay Captains and Lupon Members who are called lupon to serve in the conciliation panels, very much will depend too on how intelligently they will understand the system. Thus According to Onendain Barangay Justice, to repeat is a splendid idea. It holds bright promises for the establishment of a fast and orderly society under a new political order. But much of its success must depend upon the people themselves and the official who will administer the system and the citizen who will participate in it. In one way or another on how responsibly they will perform their respective role and more basically, how clearly and intelligently they read the law. This is pursuant to section of Presidential Decree No, 1580 the rules and regulation are hereby promulgated for the amicable settlement of disputes at the Barangay level, without judicial recourse. Lawson defines justice as fair treatment under the law this mean that those who are authorized to enforce the law must treat people family and equally by showing respect for the role of law. Only by applying the law equally to all rich or poor, high or low cannot be legitimacy And acceptance from those people over whom they rule Lawson further said, there can be no justice without the prior establishment of the principle of the rule of law. There can be no justice without the body of law to guide the judges. The more existence of a body of law and competent judges does not quarantine that justice will prevail. There can be no doubt that do who have been given the authority to determine what is just may commit errors of judgment. As former Associate Justice Roberto Regala of the Supreme Court said many years ago, Equal justice under the law is more than an abstraction. It is a way of life It is essential on our part to carry or demonstrate this thought to the street so that our people will have a better understanding of the rule of law. A desire for smooth interpersonal relationships is not an exclusive trait. It is in fact universal, it being in the nature of man in civilized societies at least to avoid conflicts for all the dangers and

inconvenience they involve as Takeyoshi, a Japanese professor of law aptly observed. There is probably no society in which legislation is the normal means or resolving disputes. Rarely will both parties press their claim so far as to require to a court; instead one of the disputants will probably offer a satisfactory settlement or propose the use of some extra judicial in normal procedure. In professor Kwashimas own country the principle of mediation is very much a part of the legal system, especially in the settlement of disputes of contractual nature. Apparently different countries have different method is informal settlement of cases but their objectives are in variably the same, which are to afford the contending parties speedy justice with the last inconvenience and expenses and to relieve the courts of minor cases to improve the quality of justice dispensed by them. These are precisely the objectives of Presidential Decree No.150. The review literature are related to this present because it discuss the implementation of Katarungang Pambarangay Law, and what is he similar of this.