Barangay Hrba in Providing Access to Justice Edtd

8/9/2019 Barangay Hrba in Providing Access to Justice Edtd

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BARANGAY HRBA

IN PROVIDING

ACCESS TO

JUSTICEAtty. Anita M. Chauhan,Ph.D.

Regional Human Rights Director

CHR Region 1


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TOPICS

FOR

DISCUSSION

Hrba : an effective

approach TO ACCESS

JUSTICE

AT THE BARANGAY

BARANGAY-BASED

INSTITUTIONS AS

MECHNISMS TO

ACCESS JUSTICE


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Hrba : an effectiveapproach To ACCESS

JUSTICE

AT THE BARANGAY

HRBA : WHAT IS

IT? What is ACCESS

TO JUSTICE?


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yIt is a

mainstreamingprocess to link

human rights to

development.

HUMANRIGHTS Development


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It is a conceptual framework for the

process of human development that isnormatively based on international human

rights standards

Central to HRBA is the PROTECTIONand REALIZATION of HUMAN RIGHTS


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7IHRN

A human rights-based approach

(HRBA) is a process which applies a

number of core principles aimed at

ensuring the full enjoyment of all

human rights by all. Full enjoyment of HR is

both the goal and the means of

development


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8IHRN

5 CORE PRINCIPLES of HRBA

1. Expressly apply the intl legal

framework

2. Empowerment3. Participation

4. Non-discrimination & vulnerable

groups5. Accountability


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9IHRN

1. Expressly apply the Intl legal framework

The nature of the obligation as a party to a HRtreaty Respect, Protect, fulfil, encourage

Universality and inalienability of HR

Indivisibility, Interdependence and Inter-

relatedness

Immediate obligations (ensure core minimum,

take steps, non-discrimination) - progressive

realisation to maximum of available resources

MDGs 2015?????????

Standards are made by states & evolving

State & non-state actors


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10IHRN

2. Empowerment

Not charity

Treaty obligation to actively inform the public

regarding the content of the HR treaties, Treatybodies, availability of remedies etc

Empowerment a precondition for participation

Requires education, information, expectation


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11IHRN

3. Participation

The right to active, free & meaningfulparticipation:

A means (process) and an end in itself

A composite right - Freedom of expression, assembly,

association, right to vote, stand for election, participatein ones development

Who participates? How, On what issues?, at what

stages?, with access to what information? To what

degree of influence?

Who decides the answers to these questions? and

how?

Concept of rights-holder


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12IHRN

4. Non-Discrimination & Vulnerable

groups

Equality and non-discrimination

Disaggregation of data by gender, race,

religion, age, etc

Vulnerability a fluid concept


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13IHRN

5. Accountability: legal & political

Due process rights, equality before thelaw, access to justice

Right to effective remedies: judicial,

administrative Rt to Participate e.g M&E of

development plans, Access toinformation

Clarity re duties and duty-holders Justiciability of E SC rights Obligation to protect HR Defenders


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Whats new in HRBA?

1. Development programming framed by

Intl Human Rights law and informed at allstages by recommendations ofinternational human rights bodies and

mechanisms2. Needs assessment & analysis identifies

root causes for non-realisation of rights

3. Programmes build capacities of rightsholders

4. Monitoring & evaluation of outcomes& processes is guided by human rights

standards & principles


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Legal Foundations of HRBA

International HRLaws UN Declaration on the

Right To Development

UDHR 8 Core International

Human Rights Treaties

National Philippine Constitution

Nationallaws

Policiesand Issuances

LocalLegislation

NORMATIVE

CONTENT

STATE

OBLIGATIONS

HUMANRIGHTS

PRINCIPLES


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HUMAN RIGHTSHUMAN RIGHTS

United Nations Definition

Those rights, which areinherent in our nature andwithout which we cannot live

as human beings.


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State Obligations in Human Rights

Sources:

Ratified internationalHR and IHLTreaties

PhilippineConstitution

Nationaland Local

Laws

Policiesand Issuances

RESPECT

PROTECTFULFILL

STATEOBLIGATIONS:


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Human Rights ObligationsHuman Rights Obligations

Duty-bearers obligation toDuty-bearers obligation to

RespectRespect ProtectProtect FulfillFulfill

prevent othersfrom interfering

with the

enjoyment of a

right

prevent othersfrom interfering

with the

enjoyment of a

right

refrain from

interfering with

the enjoyment of

the right

refrain from

interfering with

the enjoyment of

the right

adoptappropriatemeasures towards

full realization of

the right

adoptappropriatemeasures towards

full realization of

the right


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Normative Content of

Human RightsSources

Treaty provisions

Comments ofTreaty Bodies

The Governing

Laws

FREEDOMSENTITLEMENTS

of a particularright

Minimum Core Content

Principle of Progressive realization


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2 21

Development is an inalienable right

y UN Declaration on the Right to Development

Article I

1. The right to development is an inalienable human right by

virtue of which every human person and all peoples are

entitled to participate in,contribute to, and enjoy

economic, social, cultural and political development, in

which all human rights and fundamental freedoms can be

fullyrealized.

The Right ToDevelopment


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DevelopmenthasaDevelopmenthasa

human face.human face.UN Declaration on the Right To Development

Article 2

y1. The human person isthe central

subject of developmentand should

be the active participantand

beneficiary ofthe rightto

development.5


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What is development from a rights

perspective?

A Comprehensive Economic, Social,

Cultural and Political process

aimed at

constant

improvement ofthe self-being of

the entire

population and

of all individuals

based on theiractive, free and

meaningful

participation in

development &fair distribution

of resulting

benefits


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What is governance?

"governance" means:the process of

decision-making and the process by

which decisions are implemented (ornot implemented). Governance can beused in several contextssuchas corporate

governance, international governance, nationalgovernance and local governance.


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Characteristics of Good Governance


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The Core Purpose of Governance from the

Rights Perspective

PRIVATESECTOR

HUMAN

DEVELOPMENT

IN

WHICH HUMAN

RIGHTS & BASICFREEDOMS ARE

REALIZED

CIVIL

SOCIETYGOVERNMENT


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HumanDevelopmentin which human

rights and

fundamental

freedoms are

realized


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DEVELOPMENT PLANNING FUNCTIONSDEVELOPMENT PLANNING FUNCTIONS

PROGRAMMING

PLANNING

MONITORING/

EVALUATION

BUDGETING

IMPLEMENTATION

HR Duty Holders and

Rights Claimholders

HR PrinciplesHR Normative

Content (Norms and

Standards)

State Obligations

Peoples

Participation


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RIGHTS BASED DEVELOPMENT PROGRAMMING

HUMAN RIGHTS PRINCIPLES

HR CONCEPTS OF DUTY-

HOLDERS CLAIMHOLDERSHR STANDARDS:INTERNATIONAL/NATIONAL

LEVELS OF STATE OBLIGATIONS

HR NORMATIVE CONTENT


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HRBA challenges

Full implementation of a HRBA faces important challenges

regarding:

Sensitivity of human rights and questioning of

power relationships

Obstacles to active, free and meaningful

participation of most disadvantaged groups

Financial and time constraints to ensuredevelopment results

Need to strengthen existing human rights

framework


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Lessons Learned

A HRBA can help to do better development, and it is

relatively simple to apply in programming, but:

A HRBA is still an approach in the making, although increasingly concrete

(UN Common Understanding 2003)

A HRBA does not guarantee the realisation of human rights: Realising

human rights requires both willingness and capacity: A HRBA seeks to

develop capacities (e.g. UNDP), human rights monitoring to promote

willingness (e.g. CCPR, OHCHR).

A HRBA requires practitioners deeper understanding of (a) impact of

inequalities on development, (b) human rights norms and (c) conflict

management

A HRBA calls for developing practitioners mediation and communication

skills, particularly with most disadvantaged groups

The implementation of a HRBA demands improving existing tools (e.g.

logical frameworks, programming guidelines, indicator systems)


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UNDP defines accessto justiceas:

The ability of people to seek and

obtain a remedy through formal

or informal institutions of justice,

and in conformity with humanrights standards.


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Legal Empowerment

(Demand for remedies)

- Legal awareness

- Legal aid and counsel

-Other empowerment-relatedcapacities (etc. security,

financial risk)

Normative Protection

(InternationalLaw, Constitution, Laws &Regulations, CustomaryLaw, Jurisprudence)

SUBSTANTIVE

MODEL

Access to justice = ability of people to seek and obtain a remedy

respectful of basic human rights

Definition

Scope of

analysis

Provision of Effective

Remedies (Supply of

remedies)

- Adjudication mechanisms

(formal and traditional)

-Enforcement (police,

prisons)

-Civil society oversight


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GRIEVANCE

NAMING

BLAMING

CLAIMING

NORMATIVE PROTECTION

LEGALAWARENESS

LEGALAIDAND

COUNSEL

ADJUDICATION

ENFORCEMENT

AND CIVIL

SOCIETY

OVERSIGHT

ENFORCING

WINNINGRISK = 0


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BARANGAYBASED

INSTITUTIO

NS

B B d I tit ti /


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Barangay-Based Institutions/

Offices as Mechanisms for

Access to Justice

BHRA

CLUPONG

TAGAPAMAYAPA

BCPC

SANGGUNIANG

BRGY

BRGY

DEVELOPMENT

COUNCIL

BARC

OFFICE OF

BRGY

CAPTAIN

LEGAL

PROTECTION

LEGAL

AWARENESS

LEGAL AI

D &COUNSEL

ADJUDICATION

ENFORCEMENT AND

CIVIL SOCIETY

OVERSIGHT

TRIBAL

COUNCIL

Brgy

ASSEMBLY

SangguniangKabataan


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Brgy. Chief

Executive

Brgy. Magistrate of

Lupong Tagapamayapa

PresidingOfficer,Sangguniang

Pambarangay

the Barangay

Chairman is

President,

Speaker and

Chief Justice, the

greatest

functionary IN

GOVERNMENT


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Powers,Dutiesand Functions of

Barangay Captain

LawEnforcement

and peace andorder officer ofthe barangay

Barangay

Contract

Negotiator

Presiding

Officer and

AppointingAuthority

Disaster

Manager

BarangayGeneralWelfare

Officer

Sports

Officer


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Explanatoryslides


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LGU ROLES under the Local

Government Code(Sec.16)1.the preservation and

enrichment of culture

2.promote health andsafety

3. enhance the right of

the people to abalanced ecology,

4.encourage and support

the development ofappropriate and self-reliant scientific andtechnological

capabilities,

5.improve public morals,

6.enhance economicprosperity and socialjustice,

7. promote fullemployment amongtheir residents,

8. maintain peace and

order, and

9.preserve the comfortand convenience oftheir inhabitants.


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LGC SEC. 17. Basic Services and Facilities. - (a)Local

government unitsshall endeavor to be self-reliantand

shall continue exercising the powersand discharging

the dutiesand functions currently vested upon them.

Theyshallalso discharge the functionsand

responsibilities of nationalagenciesand offices

devolved to them pursuantto this Code.Localgovernment unitsshalllikewise exercise such other

powersand discharge such other functionsand

responsibilitiesasare necessary, appropriate, or

incidentalto efficient and effective provision of thebasic services and facilities enumerated herein.


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BOOK IIILOCAL GOVERNMENT UNITSTITLE ONE. - THE BARANGAY

CHAPTER 1 -ROLE AND CREATION OF THE

BARANGAY

SEC. 384. Role of the Barangay. - As the basic political unit,

the barangay serves as the primary planning and implementingunit of government policies, plans, programs, projects, andactivities in the community, and as a forum wherein thecollective views of the people may be expressed, crystallizedand considered, and where disputes may be amicably settled.

i h i f


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SEC. 388. Persons in Authority. - For purposes ofthe Revised Penal Code, the punong barangay,sangguniang barangay members, and members of the

lupong tagapamayapa in each barangay shall be deemedas persons in authorityin their jurisdictions, while other

barangay officials and members who may be designatedby law or ordinance and charged with the maintenance

of public order, protection and security of life andproperty, or the maintenance of a desirable and balancedenvironment, and any barangay member who comes tothe aid of persons in authority, shall be deemed agents of

persons in authority.


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(b) Such basic services and facilities include, butare not limited to, the following:

(1)For a Barangay:

(i) Agricultural support serviceswhich includeplanting materials distribution system and

operation of farm produce collection and buyingstations;

(ii) Health and social welfare serviceswhichinclude maintenance of barangay health centerand day-care center;

(iii) Services and facilities related to generalhygiene and sanitation, beautification, and solid waste

collection;


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(iv) Maintenance of katarungang pambarangay;

(v) Maintenance of barangay roadsand bridgesandwater supplysystems

(vi) Infrastructure facilitiessuchas multipurpose

hall, multipurpose pavement, plaza, sports center,

and other similar facilities;

(vii) Information and reading center;and

(viii) Satellite or public market, where viable;


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CHAPTER 3 - THE PUNONGBARANGAY

SEC. 389. ChiefExecutive:Powers, Duties, and Functions. - (a) The punong barangay,as the chief executive of the barangay government, shall exercise such powers and

perform such duties and functions, as provided by this Code and other laws.(b) For efficient, effective and economical governance, the purpose of which is the

general welfare of the barangay and its inhabitants pursuant to Section 16 of this Code,the punong barangay shall:(1) Enforce all laws and ordinances which are applicable within the barangay;(2) Negotiate, enter into, and sign contracts for and in behalf of the barangay, upon

authorization of the sangguniang barangay;(3) Maintain public order in the barangay and, in pursuance thereof, assist the city or

municipal mayor and the sanggunian members in the performance of their duties andfunctions;(4) Call and preside over the sessions of the sangguniang barangay and the barangay

assembly, and vote only to break a tie; (5) Upon approval by a majority of all the

members of the sangguniang barangay, appoint or replace the barangay treasurer, thebarangay secretary, and other appointive barangay officials;(6) Organize and lead an emergency group whenever the same may be necessary for the

maintenance of peace and order or on occasions of emergency or calamity within thebarangay;

(7) In coordination ith the baranga de elopment co ncil prepare the


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(7) In coordination with the barangay development council, prepare theannual executive and supplemental budgets of the barangay;(8) Approve vouchers relating to the disbursement of barangay funds;(9) Enforce laws and regulations relating to pollution control and protection

of the environment;(10) Administer the operation of the Katarungang Pambarangay inaccordance with the provisions of this Code;(11) Exercise general supervision over the activities of the sangguniang

kabataan;(12) Ensure the delivery of basic services as mandated under Section 17 of this

Code;(13) Conduct an annual palarong barangay which shall feature traditional

sports and disciplines included in national and international games, incoordination with the Department of Education, Culture and Sports;(14) Promote the general welfare of the barangay; and

(15) Exercise such other powers and perform such other duties and functionsas may be prescribed by law or ordinance.(b) In the performance of his peace and order functions, the punong barangay

shall be entitled to possess and carry the necessary firearm within histerritorial jurisdiction, subject to appropriate rules and regulations.


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The Role of Brgy Capt under RA

9262SECTION 14. Barangay Protection Orders (BPOs); Who May Issue andHow. - Barangay Protection Orders (BPOs) refer to the protection orderissued by the PunongBarangayordering the perpetrator to desist fromcommitting acts under Section 5 (a) and (b) of this Act. A PunongBarangaywho receives applications for a BPO shall issue the protectionorder to the applicant on the date of filing afterex parte determination ofthe basis of the application. If the PunongBarangayis unavailable to acton the application for a BPO, the application shall be acted upon by anyavailable Barangay Kagawad. If the BPO is issued by a BarangayKagawadthe order must be accompanied by an attestation by theBarangay Kagawadthat the PunongBarangaywas unavailable at thetime for the issuance of the BPO. BPOs shall be effective for fifteen (15)

days. Immediately after the issuance of an ex parte BPO, the PunongBarangay orBarangay Kagawadshall personally serve a copy of thesame on the respondent, or direct any barangay official to effect ispersonal service.


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Duties of Brgy Officials under RA 9262

SECTION 30. Duties ofBarangay Officials andLaw Enforcers. Barangayofficials and law enforcers shall have the following duties:(a) respond immediately to a call for help or request for assistance or protectionof the victim by entering the necessary whether or not a protection order hasbeen issued and ensure the safety of the victim/s;(b) confiscate any deadly weapon in the possession of the perpetrator or withinplain view;(c) transport or escort the victim/s to a safe place of their choice or to a clinic or

hospital;(d) assist the victim in removing personal belongs from the house;(e) assist the barangay officials and other government officers and employeeswho respond to a call for help;(f) ensure the enforcement of the Protection Orders issued by the PunongBarangayor the courts;(g) arrest the suspected perpetrator wiithout a warrant when any of the acts ofviolence defined by this Act is occurring, or when he/she has personal

knowledge that any act of abuse has just been committed, and there is imminentdanger to the life or limb of the victim as defined in this Act; and(h) immediately report the call for assessment or assistance of the DSWD, socialWelfare Department of LGUs or accredited non-government organizations(NGOs).Any barangay official or law enforcer who fails to report the incident shall beliable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or wheneverapplicable criminal, civil or administrative liability.


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Prohibited Acts of Brgy. Officials

under RA 9262

SECTION 33. ProhibitedActs. A PunongBarangay,Barangay Kagawador the court hearing an applicationfor a protection order shall not order, direct, force or inany way unduly influence the applicant for a protection

order to compromise or abandon any of the reliefssought in the application for protection under this Act.Section 7 of the Family Courts Act of1997 and Sections410, 411, 412 and 413 of the Local Government Code of1991 shall not apply in proceedings where relief is

sought under this Act.Failure to comply with this Section shall render theofficial or judge administratively liable.


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Sangguniang Barangay asan HRBA

Mechanism for Accessto Justice

CHAPTER 3. - LOCALLEGISLATIONSEC. 48. LocalLegislative Power.- Local

legislative power shall be exercised by thesangguniang panlalawigan for the province;the sangguniang panlungsod for the city; thesangguniang bayan for the municipality; and

the sangguniang barangay for thebarangay.

CHAPTER 4 THE SANGGUNIANG BARANGAY


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CHAPTER 4 - THE SANGGUNIANG BARANGAY

SEC. 390. Composition. - The sangguniang barangay, the legislative body of thebarangay, shall be composed of the punong barangay as presiding officer, and

the seven (7) regular sangguniang barangay members elected at large andsangguniang kabataan chairman, as members.

SEC. 391.Powers, Duties, and Functions. - (a) The sangguniang barangay, asthe legislative body of the barangay, shall:(1) Enact ordinances as may be necessary to discharge the responsibilities

conferred upon it by law or ordinance and to promote the general welfare of theinhabitants therein;

(2) Enact tax and revenue ordinances, subject to the limitations imposed in thisCode;

(3) Enact annual and supplemental budgets in accordance with the provisionsof this Code;

(4) Provide for the construction and maintenance of barangay facilities andother public works projects chargeable to the general fund of the barangay or

such other funds actually available for the purpose;

(5) Submit to the sangguniang panlungsod or sangguniang bayan such


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(5) Submit to the sangguniang panlungsod or sangguniang bayan suchsuggestions or recommendations as it may see fit for the improvement ofthe barangay or for the welfare of the inhabitants thereof;(6) Assist in the establishment, organization, and promotion of cooperative

enterprises that will improve the economic condition and well-being of theresidents;(7) Regulate the use of multi-purpose halls, multipurpose pavements,

grain or copra dryers, patios and other post-harvest facilities, barangaywaterworks, barangay markets, parking areas or other similar facilitiesconstructed with government funds within the jurisdiction of the barangay

and charge reasonable fees for the use thereof;(8) Solicit or accept monies, materials and voluntary labor for specific

public works and cooperative enterprises of the barangay from residents,land owners, producers and merchants in the barangay; monies fromgrants-in-aid, subsidies, contributions, and revenues made available to the

barangays from national, provincial, city or municipal funds; and moniesfrom other private agencies and individuals: Provided, however, Thatmonies or properties donated by private agencies and individuals forspecific purposes shall accrue to the barangay as trust fund;

(9) Solicit or accept in any or all the foregoing public works and


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(10) Provide compensation, reasonable allowances or per diems aswell as travel expenses for sangguniang barangay members andother barangay officials, subject to the budgetary limitations

prescribed under Title Five, Book II of this Code: Provided,however, That no increase in the compensation or honoraria of thesangguniang barangay members shall take effect until after theexpiration of the full term of all members of the sangguniang

barangay approving such increase;

(9) Solicit or accept, in any or all the foregoing public works andcooperative enterprises, such cooperation as is made available bynational, provincial, city, or municipal agencies established by lawto render financial, technical, and advisory assistance to

barangays and to barangay residents: Provided, however, That insoliciting or accepting such cooperation, the sangguniang

barangay need not pledge any sum of money for expenditure inexcess of amounts currently in the barangay treasury or

encumbered for other purposes;

(11) Hold fund raising activities for barangay projects without the need of


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(12) Authorize the punong barangay to enter into contracts in behalf of the

barangay, subject to the provisions of this Code;(13) Authorize the barangay treasurer to make direct purchases in an amountnot exceeding One thousand pesos (P1,000.00) at any one time for theordinary and essential administrative needs of the barangay;(14) Prescribe fines in amounts not exceeding One thousand pesos

(P1,000.00) for violation of barangay ordinances;

(11) Hold fund-raising activities for barangay projects without the need ofsecuring permits from any national or local office or agency. The proceedsfrom such activities shall be tax-exempt and shall accrue to the general fundof the barangay: Provided, That in the appropriation thereof, the specific

purpose for which such fund-raising activity has been held shall be firstsatisfied: Provided, further, That no fund-raising activities shall be heldwithin a period of sixty(60) days immediately preceding and after anational or local election, recall, referendum, or plebiscite: Provided, finally,That said fund-raising activities shall comply with national policy standardsand regulations on morals, health, and safety of the persons participating

therein. The sangguniang barangay, through the punong barangay, shallrender a public accounting of the funds raised at the completion of theproject for which the fund-raising activity was under- taken;


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(18) Adopt measures to prevent and control theproliferation of squatters and mendicants in the

barangay;

(15) Provide for the administrative needs of thelupong tagapamayapa and the pangkat ng

tagapagkasundo;(16) Provide for the organization of community

brigades, barangay tanod, or community service units as may be necessary;

(17) Organize regular lectures, programs, orfora on community problems such assanitation, nutrition, literacy, and drug abuse,and convene assemblies to encourage citizen

participation in government;


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(19) Provide for the proper development and welfare of childrenin the barangay by promoting and supporting activities for theprotection and total development of children, particularly those

below seven (7) years of age;(20) Adopt measures towards the prevention and eradication of

drug abuse, child abuse, and juvenile delinquency;(21) Initiate the establishment of a barangay high school,

whenever feasible, in accordance with law;(22) Provide for the establishment of a non-formal education

center in the barangay whenever feasible, in coordination withthe Department of Education, Culture and Sports, ;(23) Provide for the delivery of basic services; and

(24) Exercise such other powers and perform such other dutiesand functions as may be prescribed by law or ordinance.


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SEC. 392. Other Duties of Sangguniang Barangay

Members. - In addition to their duties as members of thesangguniang barangay, sangguniang barangay membersmay:(a) Assist the punong barangay in the discharge of his

duties and functions;

(b) Act as peace officers in the maintenance of publicorder and safety; and(c) Perform such other duties and functions as the punong

barangay may delegate.


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Brgy. Development Councilas

HRBA Mechanism to Access Justice

TITLE SIX. - LOCAL DEVELOPMENT COUNCILS

SEC. 106. LocalDevelopmentCouncils. - (a)

Each local government unit shall have acomprehensive multisectoral development planto be initiated by its development council andapproved by its sanggunian. For this purpose,the development council at the provincial city,

municipal, orbarangaylevel, shall assist thecorresponding sanggunian in setting thedirection of economic and social development,and coordinating development efforts within itsterritorial jurisdiction.


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SEC. 107. CompositionofLocalDevelopmentCouncils. - The composition ofthe local development council shall be as follows:

(a) Thebarangay development council shall be headed bythe punong barangay and shall be composed of the following members:

(1) Members of the sangguniang barangay;(2) Representatives of non-governmental organizations operating in the

barangay, who shall constitute not less than one fourth (1/4) of the members ofthe fully organized council;(3) A representative of the congressman.

(b) The barangay development council shall exercise the following functions:(1) Mobilize people's participation in local development efforts;

(2) Prepare barangay development plans based on local requirements;(3) Monitor and evaluate the implementation of national or local programs andprojects; and(4) Perform such other functions as may be provided by law or competent

authority.


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Barangay Assemblyas HRBA Mechanism to

Access Justice atthe Barangay

SEC. 398.PowersoftheBarangayAssembly. - Thebarangay assembly shall:(a) Initiate legislative processes by recommending to the

sangguniang barangay the adoption of measures for thewelfare of the barangay and the city or municipalityconcerned;(b) Decide on the adoption of initiative as a legal process

whereby the registered voters of the barangay may directly

propose, enact, or amend any ordinance; and(c) Hear and pass upon the semestral report of thesangguniang barangay concerning its activities andfinances.


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Katarungang Pambarangay as

HRBA Mechanism to Access JusticeSEC. 402.Functions of the Lupon. - The lupon shall:

(a) Exercise administrative supervision over the conciliation panelsprovided herein;

(b) Meet regularly once a month to provide a forum for exchange ofideas among its members and the public on matters relevant to theamicable settlement of disputes, and to enable various conciliationpanel members to share with one another their observations andexperiences in effecting speedy resolution of disputes; and

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


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Role ofKatarungang Pambarangay under RA

9344,Juvenile Justice and Welfare Act

SEC. 24. Stages Where Diversion

May be Conducted. - Diversion

may be conducted at the

Katarungang Pambarangay, the

police investigation or the inquest

or preliminary investigation stage

and at all 1evels and phases of the

proceedings including judicial level.

B C il f th P t ti f Child


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Barangay Council for the Protection of Children

as HRBA Mechanism to Access JusticePD603 Art. 87. Council for the Protection of

Children. - Every barangay council shallencourage the organization of a local Council forthe Protection of Children and shall coordinate

with the Council for the Welfare of Children andYouth in drawing and implementing plans forthe promotion of child and youth welfare.Membership shall be taken from responsiblemembers of the community including arepresentative of the youth, as well asrepresentatives of government and privateagencies concerned with the welfare of childrenand youth whose area of assignment includesthe particular barangay and shall be on a purely

voluntary basis.


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BCPC R l d RA9344 h


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BCPC Role under RA9344, the

Juvenile Justice and Welfare Act

CHAPTER 2DIVERSIONSEC. 23. System ofDiversion. - Children in conflict withthe law shall undergo diversion programs without

undergoing court proceedings subject to the conditionsherein provided:(a) Where the imposable penalty for the crime committee isnot more than six (6) years imprisonment, the lawenforcement officer or Punong Barangay with theassistance of the local social welfare and development

officer or other members of the LCPC shall conductmediation, family conferencing and conciliation and, whereappropriate, adopt indigenous modes of conflict resolutionin accordance with the best interest of the child with a viewto accomplishing the objectives of restorative justice andthe formulation of a diversion program. The child and

his/her family shall be present in these activities.

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The Sangguniang Kabataan as

HRBA Mechanism To Access Justice

SEC. 17. The

Sangguniang Kabataan. -

The Sangguniang

Kabataan (SK) shallcoordinate with the LCPC

in the formulation and

implementation of juvenile

intervention and diversionprograms in the community.

Documents

Barangay Hrba in Providing Access to Justice Edtd