Republic of the Philippines

Department of the Interior and Local Government

PHILIPPINE PUBLIC SAFETY COLLEGE
NATIONAL POLICE COLLEGE
Camp General Mariano N. Castañeda, Silang, Cavite

A CASE STUDY ON THE IMPLEMENTATION OF KATARUNGANG

PAMBARANGAY IN BARANGAY BALUCUC, APALIT, PAMPANGA

A Case Study Presented to the Faculty of

NATIONAL POLICE COLLEGE
Camp General Mariano N. Castañeda, Silang, Cavite

In Partial Fulfilment of the Requirements for the

Public Safety Officers Advance Course (PSOAC)

By:

POLICE CAPTAIN NILBERTO U MAGALLANES

POLICE CAPTAIN ANSELMO C PINEDA
POLICE CAPTAIN ARNEDO C PINEDA
POLICE CAPTAIN MICHAEL ANGELO C SALMINGO
POLICE CAPTAIN EDWIN S SARIO
POLICE CAPTAIN EDGARDO S TIGBAO

July 4, 2019
 Republic of the Philippines
Department of the Interior and Local Government
PHILIPPINE PUBLIC SAFETY COLLEGE
NATIONAL POLICE COLLEGE
Camp General Mariano N. Castañeda, Silang, Cavite

DISCLAIMER PAGE

This is an official document of the Philippine Public Safety College,

Quotations from, counteractions, or reproduction of all or any part of this

document is not authorized without the specific permission / approval of the

Philippine Public Safety College.

The opinions, ideas, and proposals expressed herein are those of the

student-author and do not necessarily represent the official views of the

Philippine Public Safety College, or of any other government agencies. Any

reference to this work should include the foregoing statement.

PCPT NILBERTO U MAGALLANES

PCPT ANSELMO C PINEDA
PCPT ARNEDO C PINEDA
PCPT MICHAEL ANGELO C SALMINGO
PCPT EDWIN S SARIO
PCPT EDGARDO S TIGBAO
 Republic of the Philippines
Department of the Interior and Local Government
PHILIPPINE PUBLIC SAFETY COLLEGE
NATIONAL POLICE COLLEGE
Camp General Mariano N. Castañeda, Silang, Cavite

APPROVAL SHEET

This Case Study entitled “A CASE STUDY ON THE

IMPLEMENTATION OF THE KATARUNGANG PAMBARANGAY IN

BARANGAY BALUCUC, APALIT, PAMPANGA” by POLICE CAPTAIN

NILBERTO U MAGALLANES, POLICE CAPTAIN ANSELMO C PINEDA,

POLICE CAPTAIN ARNEDO C PINEDA, POLICE CAPTAIN MICHAEL

ANGELO C SALMINGO, POLICE CAPTAIN EDWIN S SARIO and POLICE

CAPTAIN EDGARDO S TIGBAO in partial fulfilment of the requirements for

Public Safety Officer’s Advance Course (PSOAC) Class No. 2019-06 is

hereby approved by the committee on Final Oral Examination.

________________________________
Chairman

_______________________ _______________________
_______________________ _______________________
Member Member

Accepted as partial fulfilment of the requirements for Public Safety

Officer’s Advance Course (PSOAC) Class No. 2019-06 with the grade of
_____.
__________________________________
DR ROMEO SEVILLA MAGSALOS, Ph.D
Director II, National Police College

Date:____________________
 Republic of the Philippines
Department of the Interior and Local Government
PHILIPPINE PUBLIC SAFETY COLLEGE
NATIONAL POLICE COLLEGE
Camp General Mariano N. Castañeda, Silang, Cavite

ACKNOWLEDGEMENT

There are a number of people without whom this Case Study might not

have been written, or in one way or another had contributed to making this

study possible, to all of whom we are greatly indebted.

First and foremost the researchers would like to acknowledge PLTCOL

ELMER J DECENA, Chief of Police of Apalit Municipal Police Station for

sharing his expertise, sincere and valuable guidance and extreme

encouragement to finish this venture.

The researchers would like to express their immeasurable appreciation

to the panel members of this study, ________________________,

______________________, ____________________, for their constructive

comments and suggestions for the improvement of this research.

The researchers would like to put on record their special thanks to the

personnel of Municipality of Apalit, Pampanga; personnel of the Apalit

Municipal Police Station; Personnel of the DILG Apalit and Court Personnel of

the Apalit Municipal Trial Court for their invaluable contributions that have

given a different and better perspective in the conduct of Focused Group

Discussion for this study.

The researchers would like to express their gratitude to the Municipal

Mayor of Apalit, Pampanga, Honourable Presiding Judge of the Apalit

Municipal Trial Court, Director of the DILG Apalit, Pampanga and the
Barangay Captain of Barangay Balucuc and Barangay Paligui, Apalit,

Pampanga for sharing their experiences and insights by participating as our

research partners through Key Informant Interviews (KII). May you all

continue to support studies like this in the days ahead.

The researchers would like to express their heartfelt thanks to the

LUPON MEMBERS Barangay Balucuc, Apalit, Pampanga and LUPON

MEMBERS of Barangay Paligui, Apalit, Pampanga who participated in the

Focus Group Discussion held at the Barangay Hall of Balucuc and Barangay

of Paligui, Apalit, Pampanga.

Lastly, the researchers would like to lift all the praises and glory to the

One True “Almighty God” Who is the Author of all good deeds for using the

people enumerated above as His instrumental hand to extend His help for the

accomplishment of this research study.

 ABSTRACT

Title: “A CASE STUDY ON THE IMPLEMENTATION OF KATARUNGANG

PAMBARANGAY IN BARANGAY BALUCUC, APALIT,

PAMPANGA”

This study aims to conduct a case study and analyse the

implementation of the Katarungang Pambarangay in Barangay Balucuc,

Apalit, Pampanga.

Specifically, it sought to answer the following questions:

1. What are the existing policies governing the implementation of the

Katarugang Pambarangay in Barangay Balucuc, Apalit,

Pampanga?

2. What are the factors, issues and gaps confronting the Katarungan

Pambarangay members in the proper implementation of the policies

of Katarungang Pambarangay?

3. What can be adopted to address the present factors, issues and

gaps in order to strengthen the policy on the implementation of the

Katarungan Pambarangay Law?

Findings and Conclusions

This case study sought to determine the extent of Implementation of

the Katarungang Pambarangay as an alternative dispute resolution system

among residents of Barangay Balucuc, Apalit, Pampanga.

The Qualitative Research Design and Key Informant Interview (KII)

were used during the schedule with the Municipal Mayor of Apalit, Pampanga,

Chief of Police of Apalit Municipal Police Station, Honorable Judge of

Municipal Trial Court of Apalit, Municipal Local Government Officer, DILG of

Apalit, Pampanga and Punong Barangay of Balucuc, Apalit, Pampanga and

Focused Group Discussion with the residents and Lupon members of

Barangay Balucuc, Apalit, Pampanga, personnel of the Apalit Municipal Police

Station, personnel of DILG Apalit, Pampanga and personnel of Apalit

Municipal Trial Court were the main gathering tools.

The inputs in the study included the following:

1. What are the existing policies governing the implementation of

the Katarugang Pambarangay in Barangay Balucuc, Apalit, Pampanga?

There are specific policies that define the Katarungang Pambarangay

as the first level of dispute resolution in the Criminal Justice System in the

Philippines.

The Lupong Tagapamayapa is an administrative body created by law

to operationalize the barangay justice system which is better known as the

Katarungang Pambarangay. It is not in legal contemplation, a court (DOJ

Opinions No. 95, s. 1981 and No. 43, s. 1982). The Lupon or its Chairman

and the Pangkat do not try cases and decide cases which are the essence of

the jurisdiction vested upon a court of law (Gonzales v. Court of Appeals, 151

SCRA 287, 291-292 [1987]).

1.1 The Legal Basis

The formal Katarungang Pambarangay was established by virtue of

Presidential Decree 1508 signed by then President Ferdinand E. Marcos and

later on repealed by Republic Act Number 7160 otherwise known as the Local

Government Code of 1991.

The Act 3815 also known as the Revised Penal Code of the Philippines

that was enacted on January 01, 1932 is one of the legal bases particularly

enumerating offenses within the ambit of the jurisdiction of the Katarungang

Pambarangay.

Republic Act 10951 with a title An Act Adjusting The Amount Or The

Value Of Property And Damage On which a Penalty Is Based, And The Fines

Imposed Under The Revised Penal Code, Amending For The Purpose Act

No. 3815, Otherwise Known As “The Revised Penal Code“,Amended.

1.2 The Historical Basis

Long before the enactment of PD 1508 and RA 7160, Filipinos are

practicing informal dispute resolution amongst the members of community via

the decision of their tribe leaders or elders and bound by it as a final judgment

of the court. The culture and traditions have influenced the justice system of

the Philippines.
 1.3 Jurisdiction of Katarungan Pambarangay

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 Punong Barangay, the highest elected official of the

barangay as its executive. Katarungan Pambarangay as provided under

Republic Act No. 7160 handles criminal cases with and offences punishable

by imprisonment of not more than one (1) year and a fine of not more than

five thousand pesos or both and civil cases as long as the parties involved are

actual residents of the same city or municipality.

While on the other hand, Republic Act 10951 with a title An Act

Adjusting the Amount or the Value of Property and Damage on which a

Penalty is Based, and the Fines Imposed Under The Revised Penal Code,

Amending for the Purpose Act No. 3815, Otherwise Known As “The Revised

Penal Code“, As Amended, interposes a question on jurisdiction of the

Katarungang Pambarangay as to penalty with regard to fines.

1.4 Selection of members of Katarungan Pambarangay (Specific

and General Competencies)

There is no specific provision of the law that enumerates the standard

qualification in the appointment of the Lupon members as to the educational

requirements, experience and law enforcement background. In this instance,

Katarungan Pambarangay members are selected based on integrity,

impartiality, independence of mind, sense of fairness, and reputation for

probity not minding their knowledge with the law which is primordial to the
administration of justice, thus, compromising the quality of justice in the

barangay level.

In some instances, the prevailing culture sets forth the standard for the

person who will have the power to settle dispute in their community. In

barangays where majority of the inhabitants are members of indigenous

cultural communities, local systems of settling disputes through their council

of datus or elders shall be recognized without prejudice to the applicable

provisions of Republic Act 7160.

1.5 Kinds of Dispute Resolutions

Under Republic Act no. 7160 numerous forms or kinds of dispute

resolution were enumerated to wit a.) Conciliation, a pre-condition to Filing of

Complaint in Court. Thus, no complaint, petition, action, or proceeding

involving any matter within the authority of the lupon shall be filed or instituted

directly in court or any other government office for adjudication, unless there

has been a confrontation between the parties before the lupon chairman or

the pangkat, and that no conciliation or settlement has been reached as

certified by the lupon secretary or pangkat secretary as attested to by the

lupon or pangkat chairman or unless the settlement has been repudiated by

the parties thereto. More so, conciliation among members of indigenous

cultural communities. - The customs and traditions of indigenous cultural

communities shall be applied in settling disputes between members of the

cultural communities. b.) Arbitration, a kind of dispute resolution wherein the

parties may, at any stage of the proceedings, agree in writing that they shall

abide by the arbitration award of the lupon chairman or the pangkat. Such
agreement to arbitrate may be repudiated within five (5) days from the date

thereof for the same grounds and in accordance with the procedure

hereinafter prescribed. The arbitration award shall be made after the lapse of

the period for repudiation and within ten (10) days thereafter. In addition, the

arbitration award shall be in writing in a language or dialect known to the

parties. When the parties to the dispute do not use the same language or

dialect, the award shall be written in the language or dialect known to them.

1.6 Penalties for Violation of Policies

No penalties provided for the violations of the Katarungang

Pambarangay law committed by the lupon members or Punong Barangay in

connection with the failure of implementation or execution of an agreement

reached by the parties and has attained finalities.

Likewise, the law does not provide penalties for lupon members who

were not active or not functioning effectively in the Katarungang

Pambarangay.

2. Factors, issues and gaps confronting the Katarungan

Pambarangay members in the proper implementation of the policies in

dispute resolution:
 2.1 Political Intervention in the Selection Process

Lupong Tagapamayapa members as defined under Republic Act no.

7160 are selected and appointed by the elected Punong Barangay and one

co-terminus with his term of office. The Lupong Tagapamayapa is composed

of the Punong Barangay, as chairman and ten (10) to twenty (20) members

and shall be constituted every three (3) years.

2.2 Competency of the Members of the Katarungang

Pambarangay (Specific and General Competencies).

Republic Act no. 7160 provides under section 399, that Any person

actually residing or working, in the barangay, not otherwise expressly

disqualified by law, and possessing integrity, impartiality, independence of

mind, sense of fairness, and reputation for probity, may be appointed a

member of the lupon. Thus, the law does not provide a specific qualification or

competencies for the members of the lupon.

In so far as competency is concerned the following factors are to be

considered:

Educational Qualification – Majority of the members of the Lupong

Tagapamayapa are not college graduate.

Experience – Most of the Lupon members are former barangay

councillors, barangay tanod, retired police officers and retired teachers.

Training and Seminars – Lack of funds to be used for sending

members of Lupon for a trainings and seminars.

Age – Almost all members of Lupon are senior Citizen ranging from 60

years old to 76 years old.

 Gender – 18 are males and 2 are females.

Standing in the Community – Members of the Lupong

Tagapamayapa have a good standing and reputation in the barangay.

During the conduct of KII, it was found out that the prompt settlement of

disputes is relative to the type of case handled. According to the Barangay

Secretary of Barangay Balucuc, Apalit, Pampanga, cases involved both civil

and criminal, and the process of settlement is dependent on the gravity of the

case and the willingness of the disputants to conciliate. Therefore, acquired

learning and skills from the training do not guarantee expeditious resolution of

disputes.

2.3 Jurisdictional Issues

Katarungan Pambarangay as provided under Republic Act No. 7160

handles criminal cases where the offences are punishable by imprisonment

of not more than one (1) year and a fine of not more than five thousand

pesos or both.

But with the advent of Republic Act 10951 that was signed into law on

August 29, 2017 with a title “An act Adjusting the amount or the value of

property and damage on which a penalty is based, and the fines imposed

under the Revised Penal Code, Amending for the Purpose Act No. 3815,

Otherwise known as the “Revised Penal Code” as amended wherein fines

provided under the Revised Penal is multiplied to Two Hundred times. In the

context of the law, Lupong Tagapamaya or the Katarungang Pambarangay

lost Jurisdiction in any criminal offenses committed in the barangay as

regards to the imposable fines.

In the record check conducted at the Municipal Trial Court of Apalit,

Only Barangay Balucuc is complying with the requirement of submitting the

reports on the settlement and non-settlement of the cases referred to the said

barangay. Thus, it only reflects that the rest of the barangays of the

Municipality of Apalit is not complying with the Republic Act 7160 particularly

in the provision of the Katarungang Pambarangay.

2.4 Lack of Budget and Logistical Resources

In the Focused Group Discussion conducted among the Lupon

members of Barangay Balucuc, Apalit, Pampanga, revealed that the

Katarungang Pambarangay, though not amply provided with administrative

support from the municipal level, has been effectively carrying out the laudible

purpose of the law through innovation and creativity in the process of dispute

resolution.

The law now mandates the local government concerned to

provide seminars and training for the development and enhancement of skills

of the Katarungang Pambarangay members in settling disputes as well as

financial assistance for the administration of the barangay justice system. It is

interesting to undertake a study on how effective the implementers of the

Katarungang Pambarangay carry out their functions as provided for by law.

 2.5 Lack of Training and Seminar

The members of Lupong Tagapamayapa must be given training to

develop and enhance such skills in the fulfilment of their duties and functions

to meet the demands of administering justice. The National Government

through the DILG and the Local Government must endeavor to provide the

necessary training for the Lupon members as the Local Government Code.

“Administration; Rules and Regulations. - The city

or municipal mayor, as the case may be, shall see to

the efficient and effective implementation and

administration of the Katarungang Pambarangay. The

Secretary of Justice shall promulgate the rules and regulations

necessary to implement this Chapter.”

In the Key Informant Interview with the Municipal Local Government

Officer of Apalit. The DILG will provide the technical assistance for the

Katarungang Pambarangay training, but the schedule and venue is

determined by the conducting Barangay. The training is commonly conducted

in two days, consisting of lecture-discussions, open forums, and role-playing

for dispute mediations. The Punong Barangay is the one requesting to hold

the training, as per the need of the barangay and availability of budget.

In the Focused Group Discussion with personnel of said office revealed

that Katarungang Pambarangay Training had helped the Lupon in increasing

the proportion of resolved cases in the barangays. This is because of the

knowledge and skills learned from the training.

 2.6 Compensation and Allowances of the Members

The law provides under Republic Act no. 7160, Section 406. Character

of Office and Service of Lupon Members. -

(b) The lupon or pangkat members shall serve without

compensation, except as provided for in Section 393 and without

prejudice to incentives as provided for in this Section and in Book IV of

this Code. The Department of the Interior and Local Government shall

provide for a system of granting economic or other incentives to the

lupon or pangkat members who adequately demonstrate the ability to

judiciously and expeditiously resolve cases referred to them.

While in the performance of their duties, the lupon or pangkat

members, whether in public or private employment, shall be deemed to

be on official time, and shall not suffer from any diminution in

compensation or allowance from said employment by reason thereof.

2.7 Unaware or Negative Perception of the Public

Victims or offended parties usually go directly to the Police Station to

ask for police assistance unaware of the functions of the barangay as the first

level of dispute resolution.

In the focused group discussion conducted with the residents of

Barangay Balucuc, Apalit, Pampanga revealed that many of the young

residents are unaware of the power of the barangay in settling disputes.

Likewise, said residents are unaware of the fact that in filling criminal and civil

cases in court, a certification from the barangay is a pre-requisite for cases

organized by the barangay as provided under Republic Act no. 7160. Failure
of a party to comply with this legal requirement would be considered a bar for

further criminal or civil proceedings.

3. Project to be adopted to address the present factors, issues and

gaps in order to strengthen the policy on the implementation of the

Katarungan Pambarangay Law:

3.1 Strict Observance of RA 7160 in the selection process of

members of the Lupon.

Political allies are given more weight in the selection process of the

Lupon members rather than competencies, experience, sense of fairness and

probity.

The principle of putting the right person in the right job has not

been maximized rather it has been ignored. Thus, this practice

compromises the quality of justice and will result to the detriment of the

barangay and the Filipino people in general.

3.2 Creation of DILG Katarungang Pambarangay Monitoring and

Enhancement Board

The Creation of DILG Katarungang Pambarangay Monitoring and

Enhancement Board will be established in the Municipal Level to conduct

survey and monitoring of the implementation of Katarungang Pambarangay to

address the peculiar needs of every barangay in dispute resolution.

The DILG Katarungang Pambarangay Monitoring and Enhancement

Board shall be responsible in the assessment of the efficiency and

effectiveness of every individual members of KP.

Likewise, the DILG KPMEB will be in charged in the determination of

appropriate trainings and seminars to the members of KP to address the gaps

on competencies and effectiveness of the Lupon members in settling

disputes.

3.3 Completion of the Mandatory Training/s and Seminar/s

The successful candidate will undergo mandatory Training and

Seminars regarding the dispute resolution as a pre-requisite for the

permanent appointment as Lupon member. The training and seminars are

intended to equip the lupon members for the technical and practical working

knowledge in dispute resolution.

3.4 Strict Observation of the Law and Regulation of KP

In the performance of their functions, lupon members shall strictly

adhere to the existing Laws and Regulations of the KP to prevent

circumvention with the provisions of the Katarungang Pambarangay Law.

3.5 Lack of Budget and Logistical Resources

Lupong Tagapamayapa is a neglected part of the Barangay System,

deprived of logistical resources and financial support for the implementation of

the Katarungang Pambarangay and capability enhancement to finance

trainings and seminars.

 3.6 Allowances and benefits of KP Members

Additional allowances and benefits are recommended to boost the

morale of members of the Lupon in the performance of their duties and

responsibilities.

3.7 Information Dissemination Program

To increase the awareness of the residents of the barangay regarding

the Katarungang Pambarangay and Conduct information drive thru

distribution of leaflets, pamphlets and posting of tarpaulin in conspicuous

places and utilization of the mass media must be adopted.

 TABLE OF CONTENTS

Page
Title Page i
Disclaimer Page ii
Approval Sheet iii
Acknowledgement iv
Abstract v
Table of Contents vi
List of Figures vii
List of Acronyms viii
List of Appendices ix

CHAPTER 1 THE PROBLEM AND ITS CONTEXT 1

1.1 Background of the Study 1
1.2 Statement of the Problem 6
1.3 Significance of the Study 7
1.4 Theoretical Framework 8
1.5 Scope and Limitations 16
1.6 Definition of Terms 17
1.7 Review of Related Literature and Studies 19

CHAPTER 2 METHODOLOGY 37
2.1 Research Design 37
2.2 Locale of the Study 37
2.3 Respondents of the Study 37
2.4 Data Gathering Instruments 38
2.5 Tools of Analysis 40
CHAPTER 3 RESULTS 41
3.1 Findings of the Study 41

CHAPTER 4 DISCUSSIONS 48
4.1 Summary of Findings 48
4.2 Conclusions 48
4.3 Recommendations 49
4.4 Proposed Action Plan 52
4.5 Action Plan and Project 60
4.6 References 66
Appendices
Biographical Sketch
 LIST OF FIGURES

Figure No. Page

1 Barangay Organizational Structure 5

2 Organizational Chart of Katarungan Pambarangay 12
3 Pangkat Tagapagkasundo Structure 13
4 Components of Katarungang Pambarangay 14
5 Research Framework Analysis 15
6 Abram Maslow Hierarchy of Needs 32
7 Conceptual framework in Strengthening the Policy on 36
Implementation of the Katarungang Pambarangay
8 The Action Plan Matrix (Project Plan) 53
9 Strategic Implication to Development and Security 58
 LIST OF APPENDICES

Appendix Page
A Letter Request to 68
Conduct Study
B Itinerary of Data 69
Gathering
C Letter Request to the 70
Respondents
D Communication Letters 71
to Authorities
E Survey Questionnaires 72
used in the Study
F Key Informant Interview 82
Questions
G Documentation/Photos 83
with Caption
H Researchers Biography 87
 LIST OF ACRONYMS

ABC - Association of Barangay Captain

CA - Court of Appeals

CJS - Criminal Justice System

COP - Chief Of Police

COPS - Community Oriented Policing System

DILG - Department of the Interior and Local Government

DOJ - Department of Justice

FDG - Focus Group Discussion

FGC - Family group conferencing

KII - Key Informant Interview

KP - Katarungang Pambarangay

LOI - Letter of Instruction

LTIA - Lupong Tagapamayapa Incentives Awards

MC - Memorandum Circular

MCTC - Municipal Circuit Trial Court

MTC - Municipal Trial Court

MTCC - Municipal Trial Court in the City

NBI - National Bureau of Investigation

NEDA - National Economic and Development Authority

PD - Presidential Decree
PNP - Philippine National Police

RA - Republic Act

RTC - Regional Trial Court

SC - Supreme Court

SK - Sangguniang Kabataan

TWG - Technical Working Group

VOM - Victim-offender mediation

WJP - World Justice Project

WGI - World Governance Indicator