Katarungang Pambarangay, or the Barangay Justice System is a local justice

system in the Philippines. It is operated by the smallest of the local government units,
the barangay, and is overseen by the barangay captain, the highest elected official of
the barangay and its executive.[1] The barangay captain sits on the Lupon
Tagapamayapa along with other barangay residents, which is the committee that
decides disputes and other matters. They do not constitute a court as they do not
have judicial powers.[2]

The system exists to help decongest the regular courts and works mostly as
"alternative, community-based mechanism for dispute resolution of conflicts,"[1] also
described as a "compulsory mediation process at the village level."[3]

Throughout the Philippines the Barangay Justice Systems handles thousands of

cases a year.[4] Since officials have more flexibility in decision-making, including from
complex evidence rules, and receive some resources from government, the courts are
more numerous and accessible than other courts and therefore the courts are able to
hear more cases and to respond more immediately.[4]

The Katarungang Pambarangay share characteristics with similar traditional, hybrid

courts in other countries such as the Solomon Islands, Papua New Guinea, Nigeria
and South Africa, among others.[5] Such courts emerged during colonial periods as
Western imperial powers introduced western legal systems.[5] The Western legal
systems were usually applied to westerners while the local dispute resolution systems
were integrated into the Western system in a variety of ways including incorporation
of local decision makers into the government in some way.[5] After independence,
many states faced the same problems as their former rulers, especially "limited
geographical reach of state institutions, Western-modeled institutions often divorced
from community structures and expectations, and resource constraints in the justice
sector."[5] Hybrid courts became a "middle ground for supporting community
decision-making while simultaneously expanding the authority and reach of the
state."[5]

Besides "hybrid courts", other authors have described the system as a "Non-State
Justice System".[6]
History

There has long been a traditional, local system of resolving disputes. Presidential
Decree 1508 talks an unofficial "time-honored tradition of amicably settling disputes
among family and barangay members at the barangay level without judicial
resources".[7]

Alfredo Flores Tadiar was the principal author of Presidential Decree 1508, The
Katarungang Pambarangay Law,[8] and he also wrote its implementing rules, requiring
prior conciliation as a condition for judicial recourse. For 12 years (1980–1992), he
was a member of the Committee of Consultants, Bureau of Local Government
Supervision, which oversaw the nationwide operations of the Katarungang
Pambarangay Law. Under the decree, the body was known as Lupong Tagapayapa
.[7]

This decree was replaced by the Local Government Code of 1991.

Operation, rules and procedures

The Lupon Tagapamayapa is the body that comprises the barangay justice system
and on it sit the baranagy captain and 10 to 20 members.[9] The body is normally
constituted every three years and holds office until a new body is constituted in the
third year.[9] They receive no compensation except honoraria, allowances and other
emoluments as authorized by law or barangay, municipal or city ordinance.[9]

Almost all civil disputes and many crimes with potential prison sentences of one year
or less or fines 5,000 or less.Philippine pesos are subjected to the system.[10][9] In
barangays where a majority of members belong to an indigenous people of the
Philippines, traditional dispute mechanisms such as a council of elders may replace
the barangay judicial system.[9]

Upon receipt of the complaint, the chairman to the committee, most often the
barangay captain, shall the next working day inform the parties of a meeting for
mediation.[9] If after 15 days for the first meeting, the mediation is not successful then
a more formal process involving the pangkat or body must be followed.[9] There is
another 15-day period to resolve the dispute through this more formal process,
extendable by the pangkat for yet another 15-day period.[9] If not settlement has
been reached, then a case can be filed in the regular judicial system of the
Philippines.[2]

See also

Local Government Code

Local government in the Philippines

References

1. "Barangay Justice System (BJS), Philippines" . Retrieved 13 December 2013.

2. "KATARUNGANG PAMBARANGAY" (PDF). Legal Advisories. Philippine National

Police. July 2012. Retrieved 18 December 2013.

3. Clark, Samuel, and Matthew Stephens (2011). Reducing Injustice? A Grounded

Approach to Strengthening Hybrid Justice Systems: Lessons from Indonesia.
Traditional Justice: Practitionersʼ Perspectives WORKING PAPERS series (PDF).
International Development Law Organization (IDLO). p. 5. "For example, the
Philippinesʼ compulsory mediation process at the village level, known as the
Barangay Justice system,..."

4. Chapman, Peter. "Hybrid Courts in East Asia & Pacific: A recipe for success?" .
"East Asia & Pacific on the rise" blog. The World Bank. Retrieved 16 November
2012.

5. Chapman, Peter. "History of Hybrid Courts in East Asia & Pacific: A 'best fit'
approach to justice reform?" . "East Asia & Pacific on the rise" blog. The World
Bank. Retrieved 16 November 2012.

6. Golub, S (2003). " 'Non-state Justice Systems in Bangladesh and the

Philippines' " . Department for International Development, London. Retrieved
16 November 2012.

7. "PRESIDENTIAL DECREE No. 1508" . The LAWPhil Project. Retrieved

16 December 2013.

8. "Effective dispute settlement under the katarungang pambarangay law" . Open

 Library. 2009-12-11. Retrieved 2010-01-17.

9. Tibaldo, Art (April 15, 2013). "Settlement of Conflicts in the Barangay (1st of two
parts)" . Sun-Star Baguio. Retrieved 18 December 2013.

10. "Circular No. 14-93 : Guidelines on the Katarungang Pambarangay procedure" .

Supreme Court Administrative Circular. lawphil.net . July 15, 1993. External link
in |publisher= (help)

External links

For more details about the rules and procedure of the system, see Legal
Procedures 03: Katarungang Pambarangay from Legal Updates blog

The Katarungang Pambarangay Handbook from the website of the Department of

the Interior and Local Government Regional Office No. 5. For an online version go to
Scribd.com

PRESIDENTIAL DECREE No. 1508 (repealed by R.A. 7160) ESTABLISHING A

SYSTEM OF AMICABLY SETTLING DISPUTES AT THE BARANGAY LEVEL

R.A. 7160 AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991