Thesis New Feb 1, 2013

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Chapter 1

THE PROBLEM AND ITS BACKGROUND

Introduction Barangay justice system has its roots during the time where the barangay was ruled by a Datu as he acted as the judge that renders decision when there is a dispute between and among the inhabitants of the barangay. As civilization developed, comes the establishment of formal government which is divided it into three divisions namely the Executive, the Legislative and the Judiciary. The judiciary dispenses the justice through the application and interpretation of applicable laws, which,because of some technicalities were not decided immediately. As a result, the dockets of our courts are clogged with pending cases. The Barangay Justice System or the KatarungangPambarangaywas established through the enactment of Presidential Decree No. 1508, aims to declogged the judiciary from cases that may be subject to amicable settlement. It is a barangay justice system which offers accessible, fast and inexpensive way of settling disputes.By the passage of the Local Government Code of 1991, the KatarungangPambarangay law was strengthened and institutionalized in the barangay through its provision. As the smallest political unit, the barangay is in the frontline of the government in terms of providing services, including among others, the access to dispute resolution through the KatarungangPambarangay.All barangays in every

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municipality in the country has its own KatarungangPambarangay. The municipality of Siniloan, Laguna has twenty (20) barangays that implement the KatarungangPambarangay in their own locality. It is an interesting subject of study how the KatarungangPambarangay in SIniloan, Laguna is being implemented by the different barangays. Background of the Study The administration of justice is one of the basic services of the government for its constituents. It must be accessible to everyone seeking for it. As the most basic political unit, the barangay is the first in the hierarchy in the administration of justice. The establishment of KatarungangPambarangay System fulfills this function. The

LupongTagapamayapais

the

main

implementors

the

KatarungangPambarangay through the leadership of the Barangay Chairman. The Local Government Code of 1991 provides: “Section 399.LupongTagapamayapa. (a) There is hereby created in each barangay a lupongtagapamayapa, hereinafter referred to as the lupon, composed of the punong barangay, as chairman and ten (10) to twenty (20) members. The lupon shall be constituted every three (3) years in the manner provided herein.”

The functions of the LupongTagapamayapa are provided in Section 402 of the same act: “The lupon shall: (a) Exercise administrative supervision over the conciliation panels provided herein; (b) Meet regularly once a month to provide a forum for exchange of ideas among its members and the public on matters relevant to the amicable settlement of disputes, and to enable various conciliation panel members to share with one another their observations and experiences in effecting speedy resolution of disputes; and

3 (c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.”

The law now mandates the municipality for the effective and efficient implementation of the KatarungangPambarangay by providing trainings for the development and enhancement of skills of the KatarungangPambarangay 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 implementorsof the KatarungangPambarangay carry out their functions and at the same time carry out their main function as provided for by law. By the passage of Republic Act 7160 otherwise known as ”The Local Government Code of the Philippines”, the KatarungangPambarangay was given a new mandate and has expanded the cases it covers. The law provides in Section 412. Conciliation: “(a) Pre-condition to Filing of Complaint in Court. - 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.”

All cases covered by the KatarungangPambarangay must be brought first to the Barangay concerned and must undergo conciliation proceedings before it can prosper into a full blown case in court.

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The assessment of the performance of the KatarungangPambarangay is necessary in order to provide inputs for the government process and policy improvement. This study is undertaken to assess the KatarungangPambarangay System as implemented in the Municipality of Siniloan, Laguna so as to provide inputs for policy enhancement. Theoretical framework Procedural justice refers to the idea of fairness in the processes that resolves disputes and allocates resources. One aspect of procedural justice is related to discussions of the administration of justice and legal proceedings. This sense of procedural justice is connected to due process (U.S.), fundamental justice (Canada), procedural fairness (Australia), and natural justice (other Common law jurisdictions), but the idea of procedural justice can also be applied to non-legal contexts in which some process is employed to resolve conflict or divide benefits or burdens.( http://en.wikipedia.org/wiki/Procedural_justice) The researcher holds the view that the KatarungangPambarangay is widely adhered and attended to by the people as this effectively facilitates settlement of disputes among barangay residents because to them it is easier to achieve justice and resolve conflict through the KatarungangPambarangay. The Law of Composition as cited by Escoses(2012) calls for the amicable settlement between parties and pacific settlement of disputes which the KatarungangPambarangaySystem

is

patterned

from.

The

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KatarungangPambarangayencourages the peaceful settlement of disputes in the barangay level.

Conceptual Framework The demographic profile of Lupon members and compliance to the procedures in settling disputes as provided for by law affects the performance of the Katarungang Pambarangay and will result to the effective administration of justice in the barangay level specifically the settlement of disputes and satisfaction of clients with less cases to be indorsed to the regular courts. The conceptual framework of the study is depicted in the following paradigm. IV

DV

Implementation of KatarungangPambarangay 



Demographic Profile o Age o Gender o Educational Attainment o Seminar/Training of KP Member Attended o Length of Service Compliance to procedures o Receiving of Complaints o Issuance of summons o Conciliation o Settlement and Awards o Execution

Level of Performance of KatarungangPambarangay  



Effective Settlement of Disputes Satisfaction of Complainant and Respondents Indorsement of Unsettled Cases to regular Courts

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Statement of the Problem The study aims to make an assessment ofthe performance of KatarungangPambarangay in the Municipality of Siniloan, Laguna, year 2012. Specifically, it seeks to answer the following questions: 1. What

is

the

demographic

profile

of

the

members

of

the

of

the

LupongTagapamayapa in terms of: 1.1. Age 1.2. Gender 1.3. Educational Attainment 1.4. Seminar/Trainings Attended 1.5. Years of Service 2. What

is

the

level

of

compliance

to

procedure

KatarungangPambarangay in terms of: 2.1. Receiving Complaints 2.2. Issuance of Summons 2.3. Conduct of Conciliation 2.4. Settlement and Awards 2.5. Execution 3. What is the level of performance level of KatarungangPambarangay as to: 3.1. Effective Settlement of Disputes 3.2. Satisfaction of Clients 3.3. Indorsement of Unsettled Cases to Courts

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4. Do the implementation of KatarungangPambarangay in terms of demographic profile affects the performance of the members of the LupongTagapamayapa as to: 4.1. Effective Settlement of Disputes 4.2. Satisfaction of Clients 4.3. Indorsement of Unsettled Cases to Courts 5. Is the compliance to procedure of the LupongTagapamayapa has a significant effect on the performance of the KatarungangPambarangay as to: 5.1. Effective Settlement of Disputes 5.2. Satisfaction of Clients 5.3. Indorsement of Unsettled Cases to Courts Definition of Terms. The following terms are defined operationally in order to give the readers a clearer understanding of this research: Compliance to procedures. The observance of procedures in settling disputes as stated in the Implementing Rules of KatarungangPambarangay Clients. Complainants or respondents in a dispute brought in the KatarungangPambarangay. Effective Settlement of Disputes. The successful settlement of controversies brought to the KatarungangPambarangay.

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Indorsement of Unsettled Cases to regular Courts.The issuance of authority to file action to the appropriate court issued by the LuponTagapamaya after the mediation and conciliation failed. Satisfaction of Complainant and Respondents.The level of satisfaction or contentment of clients of the KatarungangPambarangay regarding the adherence to procedure and effective settlement of disputes. Training

of

KP

Member.Seminars/training

attended

by

the

LupongTagapamayapa members. Receiving of Complaints and Issuance of summons.The act of receiving complaints from clientsand notifying theotherparty of the complaint against him. Conciliation/Mediation/Arbitration.The act of settling controversies or complaints in theKatarungangPambarangay. Settlement and Awards.The agreement reached between the parties with the view of ending the conflicts. Execution.The act of carrying out or putting into effect what is agreed upon.

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Chapter 2

REVIEW OF RELATED LITERATURE

This chapter presents the studies and works that are related to the present study. Performance of the KatarungangPambarangay Effective Settlement of Disputes Effective settlement of disputes is one of the main reasons why residents bring their disputes in the KatarungangPambarangay where it can be given immediate action and result. The amicable settlement and arbitration awards in the KatarungangPambarangay has the following effect: “Effect of Amicable Settlement and Arbitration Award. - The amicable settlement and arbitration award shall have the force and effect of a final judgment of a court upon the expiration of ten (10) days from the date thereof, unless repudiation of the settlement has been made or a petition to nullify the award has been filed before the proper city or municipal court.”(Section -__, Local Government Code of 1991)”

Alangwai (1996) found out that the number of disputes amicably settled was affected by the knowledge of Lupon members of the Barangay Justice Law Strategies, and the availability of time of lupon members as well as the logistics and technical support from the national and local governments. The

study

of

Miguel

revealed

the

same

finding

that

the

KatarungangPambarangay, though not amply provided with administrative support from the municipal level, was effectively carried out in the barangays of Monte Vista.

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According to Reyes (1995) regardless of the services rendered and the language used during conciliation, amicable settlement of disputes is always possible where the places of hearing is accessible to the parties, the schedule is convenient, the punong barangay/ pangkat are accorded with respect, and immediate action on the disputes is made. Reyes (1995) further stated that, mistrust, failure to study issues, delay in setting cases for hearing and failure to make speedy settlement of cases are generally considered as obstructive factors, but the respondents considered those factors are seldom obstructive. Thus, the presence of those factors would not deter the amicable settlement of disputes. In addition to the above factors that affect immediate resolution of disputes, Nacionales (1989) concluded that the socio-economic status of the disputants affect the settlement of disputes. De Jesus (2011) found that the prompt settlement of disputes is relative to the type of case at hand. According to the Barangay Secretary of Bahay Toro, cases involve both civil and criminal, and the process of settlement is dependent on the gravity of the case and the willingness of the disputants to concile. Therefore, acquired learning and skills from the training does not guarantee expediting of resolution of disputes. Satisfaction of Complainant and Respondents The main tool in determining if the KatarungangPambarangayserves its purpose is to determine the satisfaction level of clients. A survey conducted in the municipality of Barobo, Surigao Del Sur reveals that litigants' (both

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complainants and accused) satisfaction rate on 3 significant indicators. The respondents are satisfied with the result of settlement because according to them, they came up with an amicable settlement based on the consensus of both parties. 98% are satisfied by the assistance provided by Lupon members. They noted that they were even offered free ride through the barangay vehicle. The Lupon members were also polite in serving the invitation for the settlement. As of Lupon's fairness in handling the case, 98% of the respondents were satisfied. Even the respondents who were accused said that they were well represented by a lupon member who served as their adviser. Advisers from both parties led them into fair decisions. Most of the dissatisfied respondents were those from cases who

were

not

settled

amicably

and

forwarded

to

higher

court..

(http://www.mysmartschools.ph/web/lupongtagapamayapa/focus5/f5.htm) Miguel (2004) found out that the clients of KP in the municipality of Monte Vista, Compostela Valley were satisfied with the way their complaints were disposed of. During the 1999 survey as cited by Barraca, et al (2009), greater satisfaction was observed among complainants belonging to the poorest class compared to those from the higher economic classes. This particularly confirms the importance of the system to vulnerable groups. Most of those who are satisfied with the system indicated case settlement as their primary reason. In contrast to the general public, lawyers are less satisfied with the KP based on SWS survey results in 1995-1996. For instance, net satisfaction ratings from lawyers is -16 in National Capital Region, -23 in Pangasinan, -5 in Cebu and

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+12 in Davao. During the same survey, net satisfaction rating from judges is even lower, i.e., -53. Results of SWS surveys in subsequent years, however, showed that net satisfaction ratings from judges have gradually improved. In the same study byNacionales (1989) cited earlier, he also concluded that there was a strong preference among residents to settle their disputes informally through arbitration. The different studies cited were reflection of the varied level of satisfaction of clients KatarungangPambarangay of different places. It is relevant to the present study for purposes of comparing the satisfaction level of the clients of katarungangPambarangay of Siniloan.

Indorsement of Unsettled Cases to Regular Courts The 2009 national summary report from the DILG Bureau of Local Government Supervision as cited by Barraca, et al (2009) shows that out of the total 6,187,681 reported cases filed before the Lupons all over the country from 1980-2008, 79% or 4,873,311 cases were settled at the barangay level. Only 6% of the total or 369,108 cases were certified for filing before judicial courts. The remaining 15% of the cases were dismissed, repudiated, or remained pending. The members of the Barangay believe that the Barangay Justice System has the capability of resolving conflicts and is effective, thus discouraging them from bringing their cases to the judiciary.(Bonifacio, et al, 2008) Likewise the Local Government Code of 1991 provides: “Section 412.Conciliation. (a) Pre-condition to Filing of Complaint in Court. - No complaint, petition, action, or proceeding involving any matter within the

13 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.”

It is clear in the provision of the law that it is mandatory for the complainant and respondent to appear before the Lupon Chairman for mediation and that no conciliation was reached. The abo-cited literatures are relevant to the present study as it present the procedure before a complainant may go to court for those cases covered by the KatarungangPambarangay.

Demographic Profile Age Several studies have been conducted to determine the relation of age with job performance, competence and decision making. Uri as cited by Isles(2003) considers that the older the teacher and the longer her experience the greater the probability of improving her competence and greater degree of morale as her positive response to the productive leadership of the Administration. The study of Mendinueto as cited by Luna (2004) had the same findings as that of Uri where it revealed that the older the administrator, the more likely his decision be in accordance with established rules, regulations and policies. Bautista as cited by Luna (2004) found that age is a significant determinant of faculty performance in extension services.

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Likewise, Calaramo(2003),found out that as a person grows in age, his physical health deteriorates. But as a person grows older his experiences also increases. A middle-aged teacher may lack physical stamina and energy of a young teacher but because of his accumulated knowledge and tested experience he is in a better position to guide, enlighten and lead the learners. In contrast with the studies of Calaramo and Mendenueto, Miller as cited by Luna (2004) observed that the younger the principal, the greater is his score in Executive Professional Leadership. Younger administrator tends to be more innovative, action prone, committed to citizen participation in decision making and locally oriented. In a study in Misamis University that looked into the relation of personality traits of teachers and their level of environmental concerns revealed that age teachers cannot be considered significant aspects of the teacher’s different levels of personality traits; nor this variable was a predictor of the teachers’ level of awareness

on

environmental

concerns.

(http://www.thesisabstracts.com/ThesisAbstract_494_Personality-Traits-OfTeachers-And-Level--Of-Environmental-Concerns--.html) The cited literatures have bearings in the present study in the sense that the

members

of

the

LupongTagapamayapa

of

different

KAtarungangPambarangay in Siniloan belong to different age group. Gender Gender is a range of characteristics of femininity and masculinity. Depending on the context, the term may refer to such concepts as sex (as in the

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general state of being male or female), social roles (as in gender roles) or gender identity. (http://en.wikipedia.org/wiki/Gender) A research in Misamis University cited earlier revealed that sex of teachers cannot be considered significant aspects of the teacher’s different levels of personality traits; nor these variables were predictors of the teachers’ level of awareness

on

environmental

concerns.

(http://www.thesisabstracts.com/ThesisAbstract_494_Personality-Traits-OfTeachers-And-Level--Of-Environmental-Concerns--.html) In a study that aims to investigate the relationship of experience, qualifications and gender with professional attitudes and performance of Directors of Physical Education working in government colleges of North West Frontier Pakistan it was found out that no significant relationships exist between performance (Professional and Personal Qualities) aspects of Directors of Physical

Education

with

their

experience,

qualifications,

and

gender.

(http://www.thesisabstracts.com/ThesisAbstract_373_Relationship-amongQualifications-Experience-Gender-Professional-Attitudes-and-Performance-ofDirectors-of-Physical-Education-in-Administration-of-Sports-Activities-inGovernment-Colleges.html) Hutauruk (2007) in his study of the relation administrator and teachers relationship in teachers performance it revealed that gender significantly contribute to knowledge of subject matter and teaching performance.

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Rosales-Maniago(2004) found out that gender of the principal is one of the variables to predict the extent of planning and is a positive determinants of the planning process. The study conducted by Ester as cited by Luna (2004) explores the differences and similarities on how women and men administrators view competency demands of their jobs. While most differences were statistically insignificant, women demonstrated higher perceived competency demands across administrative roles. Also women scored significantly higher on peoplerelated and cognitive competencies and attributes, while the few areas which men were higher are related to thing and conflict. The cited literatures and study is related to the present undertaking as it explores the differences in planning, administration and problem solving abilities of

men

and

women

LupongTagapamayapa

managers and

and

teachers.

The

members

of

PangkatnaTagapagkasundoperformsomewhat

related functions as they administer the barangay justice system in their respective barangays. Educational Attainment According to Resuelo(2002), educational attainment refers to the degree of a course completed by the respondents whether bachelor’s degree, with master’s units, with master’s degree, with doctorate units, or doctoral degree. De Leon as cited by Capuno (2004), stated that most of the writers revealed that the educational attainment and supervisory experience have a

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significant influence on the performance of the administrative leadership and personnel management. Sison cited by Paguyo (2003) found the positive effect of educational attainment on performance. The educational attainment of the secular group greatly affected the teaching competencies of Arabic teachers such as: classroom management, lesson planning and personal and professional characteristics.(Endrez 2005) Findings

also

revealed

that

there

is

no

significant

relationship

betweenleadership effectiveness along decision making and educational attainment andprofessional experience while the qualification on length of service yields a significantrelationship. With regards to the relationship between leadership effectiveness and theirskills in evaluation and feedback, educational attainment and professional experience wasweak and not significant. Labawig

concluded

that

educational

attainment

and

professional

experience had little effect on the leadership effectiveness of barangay captains along communication, coordinating and support, decision making and evaluation of performance and feedback. The three attributes of qualifications namely educational attainment, professional experience and length of service do not influence the degree of seriousness of problems encountered by barangay captains

along

project

implementation.

(http://www.eisrjc.com/documents/College_Of_Teacher_Education_1325748358. pdf).

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Seminar/Trainings Attended The members of LupongTagapamayapamust be given trainings to develop and enhance such skills in order to carry out their duties and functions to meet the demands of administering justice. The National Government through the DILG and the Local Government endeavors to provide the necessary training for the Lupon members as the Local Government Code stated in in Section 421. “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 katarungangpambarangay. The Secretary of Justice shall promulgate the rules and regulations necessary to implement this Chapter.”

The

DILG

provides

the

technical

assistance

for

the

KatarungangPambarangay 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. (Codamon, 2011). The same study revealed that KatarungangPambarangayTraining had helped the Lupon in increasing the proportion of resolved cases in the barangays. This is because of the knowledge the respondents have learned from the training, along with the skills they have acquired and eventually developed, and the attitudes they have gained.(Codamon, 2011). A study by Barraca, et al (2009) of UP College of Law Students has the same findings as that of the above and revealed that attendance and participation in government-provided and NGO-organized trainings, seminars, and workshops are strongly encouraged in the members of the Lupon.

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However, in a study of conducted by the Gerry Roxas Foundation(2006) several training programs were recommended by the Lupon Chairman, Lupon Members, and Lupon Secretaryrespondents: (a) Procedures of settlement of barangay cases (b) Mediation/Conciliation/Arbitration procedures (c) KP Laws (d) Administrative requirements of the KP Law (e) Current updates of human right violation (f) Classification of cases (g)

Procedure

in

organizing

LT/Duties

and

Function

of

LuponChairman/Member/Secretary. Other training areas outside of KP system were also identified by theimplementors.A number of respondents put high priority on Barangay Administration & Governance.Additional training identified by the implementors based on their needs are: (a) Operations and Management (b) Rental Law (c) Public Administration (d) Human Relations (e) Children’s Rights (f) Gender/Women’s Rights (g) New Family Code

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Length of Service Beal and Bohler as cited by Juacalla claimed that the expertise of an individual is also of great importance in determining how one respond to any situation. An experienced person is more likely to achieve higher problem solving capabilities than the less experienced one. The study by Shanker, as cited by Juacalla (2007) revealed that the length of service is assumed to influence one’s performance in his work. There are cases wherein if the individual stays longer in the service, the more he becomes motivated to work,; however, some workers feel the opposite.

Compliance to procedures The administration of justice is consist of substantive and procedural law. In order to give meaning to the substance of the law, proper procedures must be followed by the one administering it. The Local Government Code of 1991 provides for the procedures in settling disputes in KatarungangPambarangay: “Section 410.Procedure for Amicable Settlement. (a) Who may initiate proceeding - Upon payment of the appropriate filing fee, any individual who has a cause of action against another individual involving any matter within the authority of the lupon may complain, orally or in writing, to the lupon chairman of the barangay. (b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon chairman shall within the next working day summon the respondent(s), with notice to the complainant(s) for them and their witnesses to appear before him for a mediation of their conflicting interests. If he fails in his mediation effort within fifteen (15) days from the first meeting of the parties before him, he shall forthwith set a date for the constitution of the pangkat in accordance with the provisions of this Chapter.

21 (c) Suspension of prescriptive period of offenses - While the dispute is under mediation, conciliation, or arbitration, the prescriptive periods for offenses and cause of action under existing laws shall be interrupted upon filing the complaint with the punong barangay. The prescriptive periods shall resume upon receipt by the complainant of the complainant or the certificate of repudiation or of the certification to file action issued by the lupon or pangkat secretary: Provided, however, That such interruption shall not exceed sixty (60) days from the filing of the complaint with the punong barangay. (d) Issuance of summons; hearing; grounds for disqualification - The pangkat shall convene not later than three (3) days from its constitution, on the day and hour set by the lupon chairman, to hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable settlement. For this purpose, the pangkat may issue summons for the personal appearance of parties and witnesses before it. In the event that a party moves to disqualify any member of the pangkat by reason of relationship, bias, interest, or any other similar grounds discovered after the constitution of the pangkat, the matter shall be resolved by the affirmative vote of the majority of the pangkat whose decision shall be final. Should disqualification be decided upon, the resulting vacancy shall be filled as herein provided for. (e) Period to arrive at a settlement - The pangkat shall arrive at a settlement or resolution of the dispute within fifteen (15) days from the day it convenes in accordance with this section. This period shall, at the discretion of the pangkat, be extendible for another period which shall not exceed fifteen (15) days, except in clearly meritorious cases.”

Receiving of Complaints and Issuance of Summons Section 409 of the Local Government Code provides ofr the venue where complaints may be received and given due course to wit:  Disputes between persons actually residing in the same barangay shall be brought for amicable settlement before the Lupon of said barangay.  Those involving actual residents of different barangays within the same city or municipality shall be brought in the barangay where the respondent or any of the respondents actually resides, at the election of the complaint.  All disputes involving real property or any interest therein shall be brought in the barangay where the real properly or the larger portion thereof is situated.  Those arising at the workplace where the contending parties are employed or at the institution where such parties are enrolled for study, shall be brought in the barangay where such workplace or institution is located.

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In one case where a Lupon Chairman issued summons to respondent and respondent failed to appear in the conciliation hearing, the Supreme Court allowed the complainant to raise his case in the proper court and ruled that he has complied with the procedure of the KatarungangPambarangay. (AlinsugInay v. Cagampang, G.R. No.L 69334) In another case

where the respondent failed to appear before the

KatarungangPambarangay after the Lupon Chairman has validly issued a summon, the Supreme Court ruled that the Lupon Chairman may issue a certification to file action.( Empamaydo v. CA, G.R. No. 91606) Alangwai(1996) found out that the lupon member’s knowledge of the Barangay Justice Law procedures and technique and cooperation did not affect the number of disputes amicably settled by the lupon. However, according to a study conducted in 2006 on the “Efficacy and Efficiency of the Barangay Justice System”, barangay officials lack awareness of their roles and duties and also lack of knowledge in implementing the Barangay Justice Law. The findings of Miguel in his study of the implementation of KatarungangPambarangay in Monte Vista, Compostela Valley contradicted the findings

of

Gerry

Roxas

Foundation.

It

revealed

that

members

of

LupongTagapamayapa of Montevista are aware of the procedures and adhered to the same in settling disputes.

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The Supreme Court of the Philippines in a decision declared what may be considered as compliance to procedure and stated: “We held that “notwithstanding the mandate in Section 410(b) of R.A. No. 7160 that the Barangay Chairman shall constitute a Pangkat if he fails in his mediation efforts,” the same “Section 410(b) should be construed together with Section 412(a) of the same law (quoted earlier), as well as the circumstances obtaining in and peculiar to the case.” Here, while the Pangkat was not constituted, however, the parties met nine (9) times at the Office of the Barangay Chairman for conciliation wherein not only the issue of water installation was discussed but also petitioners’ violation of the lease contract. It is thus manifest that there was substantial compliance with the law which does not require strict adherence thereto.”

Conciliation/Mediation The Local Government Code provides for the procedure of reconciliationin the KatarungangPambarangay. It states: “Section 410.Procedure for Amicable Settlement. (a) Who may initiate proceeding - Upon payment of the appropriate filing fee, any individual who has a cause of action against another individual involving any matter within the authority of the lupon may complain, orally or in writing, to the lupon chairman of the barangay. (b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon chairman shall within the next working day summon the respondent(s), with notice to the complainant(s) for them and their witnesses to appear before him for a mediation of their conflicting interests. If he fails in his mediation effort within fifteen (15) days from the first meeting of the parties before him, he shall forthwith set a date for the constitution of the pangkat in accordance with the provisions of this Chapter. (c) Suspension of prescriptive period of offenses - While the dispute is under mediation, conciliation, or arbitration, the prescriptive periods for offenses and cause of action under existing laws shall be interrupted upon filing the complaint with the punong barangay. The prescriptive periods shall resume upon receipt by the complainant of the complainant or the certificate of repudiation or of the certification to file action issued by the lupon or pangkat secretary: Provided, however, That such interruption shall not exceed sixty (60) days from the filing of the complaint with the punong barangay. (d) Issuance of summons; hearing; grounds for disqualification - The pangkat shall convene not later than three (3) days from its constitution, on the day and hour set by the lupon chairman, to hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable settlement. For this purpose, the pangkat may

24 issue summons for the personal appearance of parties and witnesses before it. In the event that a party moves to disqualify any member of the pangkat by reason of relationship, bias, interest, or any other similar grounds discovered after the constitution of the pangkat, the matter shall be resolved by the affirmative vote of the majority of the pangkat whose decision shall be final. Should disqualification be decided upon, the resulting vacancy shall be filled as herein provided for. (e) Period to arrive at a settlement - The pangkat shall arrive at a settlement or resolution of the dispute within fifteen (15) days from the day it convenes in accordance with this section. This period shall, at the discretion of the pangkat, be extendible for another period which shall not exceed fifteen (15) days, except in clearly meritorious cases”

Section 415 of the Local Government Code provides thatin all Katarungang Pambarangay proceedings, the parties must appear in person without the assistance of counsel or representative, except for minors and incompetents who may be assisted by their next-of-kin who are not lawyers. It is expressly prohibited the appearance of a lawyer for a complainant or respondent. A lawyer however may appear in KatarungangPambarangay if he is one of the parties in the dispute. The conduct of hearing is informal but orderly. Rule VI, Sec.5 of the Implementing Rules of the KatarunagngPambarangay states: “The Punong Barangay and the Pangkat shall proceed to hear the matter in dispute in an informal but orderly manner, without regard to technical rules of evidence, and as is best calculated to effect a fair settlement of the dispute and bring about a harmonious relationship of the parties. Proceedings before the Punong Barangay shall be recorded by the Lupon Secretary while those before the Pangkat shall be recorded by the Pangkat Secretary. The record shall note the date and time of hearing, appearance of parties, names of witnesses and substance of their testimonies, objections and resolutions, and such other matters as will be helpful to a full understanding of the case.”

25

Chapter 3

RESEARCH METHODOLOGY

This chapter presents the research methodology and instruments that will be employed by the researchers in data gatherings and statistical treatment to be used in the interpretation and in arriving at a conclusion and recommendation.

Research Design Descriptive method of research will be employed by the researchers. Descriptive method is designed for the investigator to gather information about present existing condition.(Sevilla, et al.1992). The principal aims in employing this method are to describe the nature and situation as it exists at the time of the study and to explore the causes of particular phenomena (Travers, 1978). The researchers will employ the survey questionnaire in order to obtain information regarding the present situation of the KatarungangPambarangay in Siniloan, Laguna.Specifically, survey of intangible as explained by Sevillaet.al.,1992) will be used in the level of satisfaction of the clients of KatarungangPambarangay of the different Barangays of Siniloan, Laguna. Documentary analysis will also be used in this study to analyze the reports of the differentLupongTagapamaya of the KatarungangPambarangays.

26

Population and Sampling The information will be gathered through surveys and interviews of Barangay officials, members of

the LupongTagapamayapa of

different

KatarungangPambarangays of the municipality of Siniloan as well as the clients of the different KatarungangPambarangays. The researchers will also look at the reports of the different barangays in the Municipality of Siniloan as well as the annual and supplemental budget of each

barangays

in

order

to

know

the

budget

allocation

for

each

KatarungangPambarangay. The researchers will employ the unrestricted sampling technique as explained by Calmorin (2003) primarily because no restriction is imposed, and every member of the population has an equal chance of inclusion in the sample. It is also the aim of the researchers to reach all or almost all of the members of the LupongTagapamayapa as well as their clients in the year 2012. The following will be the respondents of this study: 1. LupongTragapamayapa(Chairmen, members, secretaries) 2. Clients (Complainants and Respondents) Research Instrument Survey questionnaires will be used as the primary data gathering instrument. There are two sets survey questionnaires. One for the members of LupongTagamapayapa and one for the clients. The first set of questionnaires is composed of two (2) parts.

27

First part of set 1 is for the demographic profile of the members of the LupongTagapamayapato identify and determine profile of respondents in terms of age, sex, educational attainment and trainings attended. Second part of the questionnaire covers compliance to procedures as provided for in the implementing rules of the KatarungangPambarangay and the Local Government Code of 1991. The second set of questionnaires which is divided into three parts will be administered to the clients of the LupongTagapamaya. First part of set 1 is for the demographic profile of the clients of the KatarungangPambarangay to identify and determine profile of respondents in terms of age, sex and educational attainment. Second part of the questionnaire covers the perception of clients in regards to the compliance of the procedures by the LupongTagapamayapa and Pangkat ng Tagapagkasundo. The third part of the questionnaire will cover the perception of the clients on the effectiveness of the KatarungangPambarangay in settling disputes and their level of satisfaction. The number of settled complaints and number of complaints which were given endorsement by the LupongTagapamayapa will be analyzed and evaluated from the report of the barangay secretary or the report submitted to the Municipal Local Government Operations. The appropriation of the Municipal Government for each KatarungangPambarangay or KatarungangPambarangay Program will also be analyzed and evaluated.

28

The Likert’s Scale model will be used to measure numerically the verbal response of the respondents: Numerical Equivalent and Range of Verbal Description or Rating. Numerical Equivalent and Range 5 (4.45 – 5.0) 4 (3.45 – 4.44) 3 (2.45 – 3.44) 2 (1.45 – 2.44) 1 (1.0 – 1.44)

Compliance to procedures All the Time

Perception of Clients on Effectiveness Very Effective Most of the Effective Time Sometime Moderately Effective Rarely Ineffective

Satisfaction of Clients

Not at all

Very Dissatisfied

Very Ineffective

Very Satisfied Satisfied Moderately Satisfied Dissatisfied

Research Procedure In order to facilitate data gathering, the researchers will seek the permission of the Municipal Mayor of Siniloan, Laguna and the Association of Barangay Council and the different LupongTagapamayapa of Siniloan. The data gathering will be done personally by the researchers with the help and assistance of the different barangay councils of the Siniloan, Laguna. The researchers will seek the help of the professors of Laguna State Polytechnic University especially Dr. LucitaSubillaga and the thesis advisers for comments and suggestions for improvement. Once corrections and revisions of the questionnaires are done, it will be subject to pre-testing before it will be used for the actual data gathering.

29

Statistical Treatment The data to be gathered will be tabulated and will be analyzed. The percentage, frequency counts, ranking and the mean shall be determined. T-test will be used to determine the difference in perception of clients and KatarungangPambarangay members in regards to their performance.

30

Chapter 4

RESULTS AND DISCUSSION

This Chapter presents the statistical analysis of data gathered with the corresponding interpretation of results based on the order in the statement of the problem. Demographic Profile of the Members of the Lupong Tagapamayapa in Terms of Age Figure 2 presents the Demographic Profile of the Members of the Lupong Tagapamayapa in terms of age. It revealed that 39.46 % of members of the Lupong tagapamayapa are 51-60 Years Old, 32.38 % are 41-50 years old, the age group of 31-40 years old is 9.10% while those below 30 years old is only 5.6%. This only shows that the Lupong Tagapamaya is dominated by elder members.

9, 10%

5, 6%

39, 46%

51- 60 yrs old 41- 50 yrs old

32, 38%

31- 40 yrs old below 30 year old

Figure 2 . Showing the Pie Graph of the Demographic Profile of the Members of the Lupong Tagapamayapa in terms of Age

31

Demographic Profile of the Members of the Lupong Tagapamayapa in Terms of Gender Figure 3 presents the Demographic Profile of the Members of the Lupong Tagapamayapa in terms of gender. It can be gleaned from the figure below that more than 2/3 or 69.64 % of the members of the Lupong Tagamapaya are male, while 39.36% are female. This shows that more than two third of the members of the Lupong Tagapamaya are male. The administration of the Katarungang Pambarangay is dominated by male.

39, 36%

69, 64%

Female Male

Figure 3 . Showing the Pie Graph of the Demographic Profile of the Members of the Lupong Tagapamayapa in terms of Gender

32

Demographic Profile of the Members of the Lupong Tagapamayapa in Terms of Educational Attainment Figure 4 presents the Demographic Profile of the Members of the Lupong Tagapamayapa in terms of Educational Attainment. Based on Figure 4, 45.53 % of the members of the Lupong Tagamapayapa are have reached college but are undergraduate, 21.25% have finished high school, 11.13 % have finished college and 8.9% reached and finished elementary level. The data revealed that most members of the Lupong Tagapamaya have not finished college.

11, 13%

8, 9% 21, 25%

Elementary Secondary

45, 53%

Undergraduate Graduate

Figure 4 . Showing the Pie Graph of the Demographic Profile of the Members of the Lupong Tagapamayapa in terms of Educational Attainment

33

Demographic Profile of the Members of the Lupong Tagapamayapa in Terms of Seminar/Trainings Attended Figure 5 presents the Demographic Profile of the Members of the Lupong Tagapamayapa in terms of seminars/Trainings attended. It can be seen from the figure that 34.40% of the members of the Lupong Tagapamayapa have attended at least one training or seminar regarding the Katarungang Pambarangay Law, 29.34% have attended two training while only 22.26 % of them have attended more than two trainings.

29, 34%

34, 40%

More than two Trainings Two Trainings 22, 26%

One Training

Figure 5 . Showing the Pie Graph of the Demographic Profile of the Members of the Lupong Tagapamayapa in terms of Seminars/Training Attended

34

Demographic Profile of the Members of the Lupong Tagapamayapa in Terms of Years in Service Figure6 presents the Demographic Profile of the Members of the Lupong Tagapamayapa in terms of Years in Service. Based on the figure 38.45 % of the members of the Lupong Tagapamayapa have less than 5 years of experience in serving as member of the Lupon, 32.38% have five (5) to nine (9) years of experience while only 15.17% have ten years or more experience.

15, 17% 38, 45%

Ten years to 15 years 32, 38%

Five years to 9 years Less than 5 years

Figure 5 . Showing the Pie Graph of the Demographic Profile of the Members of the Lupong Tagapamayapa in terms of Years in Service

35

Level of Compliance to Procedure of the Katarungang Pambarangay in Terms of Receiving Complaints Table 1 presents the level of Compliance to produce of the Katarungang Pambarangay in Terms of receiving complaints. It can be gleaned from Table 1 that the Lupong Tagapamayapa complied with procedure in terms of Receiving of Complaints and received an average mean of 4.22 and falls within the range of Most of the Time. Table 1 Level of Compliance to procedure of the Katarungang Pambarangay in Terms of Receiving Complaints Receiving Complaints

x

SD

Remarks

1. The Lupong Tagapamaya receives the complaints in writing or orally from individual who has a cause of action against another individual in accordance with the Katarungang Pambarangay Law.

4.27

.70

Most of the Time

2. The Lupong Tagapamayapa receives complaint from any individual who has a cause of action against another individual upon payment of appropriate fee.

3.99

.73

Most of the Time

3. The Lupong Tagapamayapa receives only complaints cognizable by the Lupon based on RA 7160.

4.21

.73

Most of the Time

4. The Lupong Tagamapayapa sees to it that the complaint is within its area of jurisdiction.

4.2

.69

Most of the Time

5. The Lupong Tagapmayapa sees to it that the complaint is covered by the KP Law.

4.41

.68

Most of the Time

Ave. mean = 4.22

SD= .15 Most of the time

36

Level of Compliance to produce of the Katarungang Pambarangay in Terms of Issuance of Summons Table 2 presents the level of Compliance to produce of the Katarungang Pambarangay in Terms of Issuance of Summons. It discloses that most of the time the Lupong Tagapamayapa complied to procedure in the issuance of summons and the questions received an average mean of 4.22 with a verbal equivalent of Most of the Time. Table 2 Level of Compliance to Procedure of the Katarungang Pambarangay in Terms of Issuance of Summons Issuance of Summons

x

SD

Remarks

1. The Lupon issues summons in accordance with KP rules

4.29

.69

Most of the Time

2. The Lupon Chairman issues summons to the respondent one day after proper receipt of complaint to appear before him for a mediation of their conflicting interests.

4.07

.70

Most of the Time

3. The Lupon Chairman issues notice to the complainant and his/her witnesses one day after proper receipt of complaint to appear before him for a mediation of their conflicting interests..

4.09

.74

Most of the Time

4. The Pangkat ng Tagapagkasundo issues summons to the respondent one day after proper receipt of complaint to appear before him for a conciliation of their conflicting interests.

4.22

.71

Most of the Time

5. The Pangkat ng Tagapagkasundo issues notice to the complainant and his/her witnesses one day after proper receipt of complaint to appear before him for a conciliation of their conflicting interests..

4.42

.70

Most of the Time

Ave. Mean = 4.22

SD = .14 Most of the Time

37

Level of Compliance to procedure of the Katarungang Pambarangay in Terms of Conciliation Table 3 presents the level of Compliance to procedure of the Katarungang Pambarangay in Terms of Conciliation. The table shows that all questions regarding compliance to procedure in terms of conciliation hacve an average mean of 4.16 with a adjectival equivalent of Most of the time. Table 3 Level of Compliance to Procedure of the Katarungang Pambarangay in Terms of Conciliation Concillation

x

SD

Remarks

1. The Lupon Chairman exerts all effort to conciliate the opposing parties.

4.38

.72

Most of the Time

2. The Lupon Chairman constitutes the Pangkat ng Tagapagkasundo if he/she failed in his conciliation efforts.

3.6

1.35

Most of the Time

3. The Pangkat ng Tagapagkasundo hears both parties and their witnesses, simplify issues, and explore all possibilities for amicable settlement

4.16

.86

Most of the Time

4. The Pangkat arrives at a settlement or resolution of the dispute within fifteen (15) days from the day it convenes in accordance with KP law.

4.25

.58

Most of the Time

5. All proceedings for settlement are open to the public and informal

4.4

.74

Most of the Time

Ave. mean = 4.16

SD= .33

Most of the Time

38

Level of Compliance to produce of the Katarungang Pambarangay in Terms of Settlement and Awards Table 4 presents the level of Compliance to produce of the Katarungang Pambarangay in Terms of receiving complaints. The table below shows that most of the time the Katarungang Pambarangay complied to procedure in terms of Settlement and Awards as it received an average mean of 4.34 with an equivalent verbal rating of Most of the Time. Table 4 Level of Compliance to procedure of the Katarungang Pambarangay in Terms of Settlement and Awards Settlement and Awards

x

SD

Remarks

1. All settlement and awards of Katarungang Pambarangay are in writing.

4.33

.59

Most of the Time

2. The settlement and awards are written in language known to both parties.

4.35

.67

Most of the Time

3. All parties to a dispute sign the settlement and awards.

4.32

.64

Most of the Time

4. All settlement and awards are attested to by the Lupon Chairman.

4.28

.57

Most of the Time

5. The amicable settlement and arbitration award have the force and effect of a final judgment of a court upon the expiration of ten (10) days from the date thereof

4.42

.68

Most of the Time

Ave. Mean = 4.34

SD= . 40

Most of the Time

39

Level of Compliance to produce of the Katarungang Pambarangay in Terms of Execution Table5 presents the level of Compliance to produce of the Katarungang Pambarangay in Terms of Execution. It shows that most of the time the Katarungang Pambarangay complied with the procedure in terms of execution of the awards or settlement as the questions relating thereto received an average mean of 4.30 with an equivalent verbal rating of Most of the Time. Table 5 Level of Compliance to produce of the Katarungang Pambarangay in Terms of Execution Execution

x

SD

Remarks

1. To execute the settlement awards of the disputants first file for motion for execution with the Barangay Chairman.

4.38

.58

Most of the Time

2. The Barangay Chairman conducts hearing on the date assigned by the movant which shall be not later than 5 days from filing of motion.

4.31

.60

Most of the Time

3. The Barangay Chairman ascertains the facts for noncompliance of settlement and strongly encourages the party obliged to comply with the settlement.

4.26

.62

Most of the Time

4. The Barangay Chairman issues Notice of Execution after the lapse of five (5) days with no voluntary compliance.

4.2

.63

Most of the Time

5. After the lapse of such time, the settlement may be enforced by action in the appropriate city or municipal court.

4.38

.76

Most of the Time

Ave. Mean = 4.30 SD= .08

Most of the Time

40

Level of Performance Katarungang Pambarangay in Terms of Effective Settlement of Disputes Table 6 presents the level of Compliance to produce of the Katarungang Pambarangay in Terms of Effective Settlement of Disputes. It discloses that the level of performance of katarungang pambarangay in terms of effective settlement of disputes is moderately effective in all the five areas and it received an average mean of 4.09 with an equivalent verabal rating of Moderately Effectuive. Table 6 Level of Performance Katarungang Pambarangay in Terms of Effective Settlement of Disputes x

SD

Remarks

1. The summons of the Katarungang Pambarangay is effective in ensuring that complainants and respondents appear in the conciliation proceedings

4.15

.71

Moderately Effective

2. The Lupong Tagapamaya Chairman is effective in conciliating the conflicts between complainant and respondent.

3.98

.68

Moderately Effective

3. The Pangkat ng Tagapagkasundo effective in conciliating the issues whenever the Lupong Chairman fails in his mediation efforts.

4.09

.75

Moderately Effective

4. The Katarungang Pambarangay is effective in executing its settlement or arbitration award within six months.

4.06

.66

Moderately Effective

5. The Katarungang Pambarangay is an effective way of settling disputes involving cases under it coverage.

4.16

.77

Moderately Effective

Effective Settlement of Disputes

Ave. Mean = 4.09

SD= .04 Moderately Effective

41

Level of Performance Katarungang Pambarangay in Terms of Satisfaction of Complainant and Respondents Table 7 presents the level of performance Katarungang Pambarangay in terms of satisfaction of complainant and respondents. It discloses that complainants and respondents are moderately satisfied on the performance of katarungang pambarangay and the questions in all the aspects relating thereto received an average mean of 4.15 with an equivalent verbal rating of Moderately Satisfied. Satisfaction of Complainant and Respondents Table 7 Level of Performance Katarungang Pambarangay in Terms of Satisfaction of Complainant and Respondents x

SD

Remarks

1. The level of satisfaction of clients in the way the Katarungang Pambarangay receives complaints and issues summons to its clients.

4.06

.77

Moderately Satisfied

2. The Level of satisfaction of clients in the issuance of summons and notices by the Lupong Tagapamayapa and Pangkat ng Tagapagkasundo.

4.15

.70

Moderately Satisfied

3. The Level of satisfaction in the conduct of conciliation by the Lupon Chairman and the Pangkat ng Tagapagkasundo

4.13

.67

Moderately Satisfied

4. The Level of satisfaction in the settlement and award in a dispute filed in the Katarungang Pambarangay.

4.10

.61

Moderately Satisfied

5. The level of satisfaction in the execution of the settlement or arbitration awards by the Katarungang Pambarangay.

4.32

.71

Moderately Satisfied

Satisfaction of Complainant and Respondents

42 Ave. Mean = 4.15

SD= .10 Moderately Effective

Level of Satisfaction of Katarungang Pambarangay on the Endorsement of Unsettled Cases to regular Courts Figure 6 presents the Level of Satisfaction of Katarungang Pambarangay on the Endorsement of Unsettled Cases to regular courts . It can be gleaned from the figure below that out of 341 cases or complaints filed in the Katarungang Pambarangay, 306 cases were resolved and only were indorsed to the court.

34, 5%

307, 45%

341, 50%

No. of Cases Filed Resolved/Settled Endorsed to Court

Total = 341 Cases

Figure 6. Level of Satisfaction of Katarungang Pambarangay on the Endorsement of Unsettled Cases to regular Courts

43

Significant Effect of Implementation of Katarungang Pambarangay in Terms of Demographic Profile on the Performance of the Members of the Lupong Tagapamayapa. Table Pambarangay

8

Significant

Effect

of

Implementation

of

Katarungang

in Terms of Demographic Profile on the Performance of the

Members of the Lupong

Tagapamayapa. The table below shows there is a

significant effect on the implementation of Katarungang Pambarangay in terms of age on the effective settlement of disputes and indorsement of unsettled cases to the courts while gender, educational attainment seminar/training attended and years in service have no significant effect. However, age has no significant effect on the performance of katarungang pambarangay in terms of satisfaction of clients while gender, educational attainment seminar/training attended and years in service have significant effect on the performance of katarungang pambarangay. Table 8. Significant Effect of Implementation of Katarungang Pambarangay in Terms of Demographic Profile on the Performance of the Members of the Lupong Tagapamayapa.

1. Effective Settlement of Dispute

Satisfaction of Clients

Indorsement of Unsettle Cases to courts

Computed t- value 1.32 -38.53 -12.88 -12.89 -23.12 0.69 -40.25 -13.67 -13.44 -24.07 3.54 -2.37 0.57 -.38 -1.30

P- value p