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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 de-
clogged 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
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(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 DVImplementation of KatarungangPambarangay
Demographic Profileo Ageo Gendero Educational Attainmento Seminar/Training of KP
Member Attendedo Length of Service
Compliance to procedureso Receiving of Complaintso Issuance of summonso Conciliationo Settlement and Awardso 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
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 of the
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-Of-
Teachers-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-Of-
Teachers-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-among-
Qualifications-Experience-Gender-Professional-Attitudes-and-Performance-of-
Directors-of-Physical-Education-in-Administration-of-Sports-Activities-in-
Government-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 people-
related 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 managers and teachers. The members of
LupongTagapamayapa and 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
17
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_132
5748358.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
19
participation in government-provided and NGO-organized trainings, seminars,
and workshops are strongly encouraged in the members of the Lupon.
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
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(g) New Family Code
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
21
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 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.
22
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.
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
23
LupongTagapamayapa of Montevista are aware of the procedures and adhered
to the same in settling disputes.
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.
24
(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”
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.
27
The first set of questionnaires is composed of two (2) parts.
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
28
for each KatarungangPambarangay or KatarungangPambarangay Program will
also be analyzed and evaluated.
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
Compliance to procedures
Perception of Clients on Effectiveness
Satisfaction of Clients
5(4.45 – 5.0)
All the Time Very Effective
Very Satisfied
4(3.45 – 4.44)
Most of the Time
Effective Satisfied
3(2.45 – 3.44)
Sometime Moderately Effective
Moderately Satisfied
2(1.45 – 2.44)
Rarely Ineffective Dissatisfied
1(1.0 – 1.44)
Not at all Very Ineffective
Very 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
29
the questionnaires are done, it will be subject to pre-testing before it will be used
for the actual data gathering.
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.
31
39; 46%
32; 38%
9; 11%5; 6%
51- 60 yrs old41- 50 yrs old31- 40 yrs oldbelow 30 year old
Figure 2 . Showing the Pie Graph of the Demographic Profile of the Members of the Lupong Tagapamayapa in terms of Age
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.
32
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
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.
33
8; 9%
21; 25%
45; 53%
11;
13%
ElementarySecondaryUndergraduate Graduate
Figure 4 . Showing the Pie Graph of the Demographic Profile of the Members of the Lupong Tagapamayapa in terms of Educational Attainment
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.
34
29; 34%
22; 26%
34; 40%
More than two TrainingsTwo TrainingsOne Training
Figure 5 . Showing the Pie Graph of the Demographic Profile of the Members of the Lupong Tagapamayapa in terms of Seminars/Training Attended
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.
35
15; 18%
32; 38%
38; 45%Ten years to 15 yearsFive years to 9 yearsLess 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
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.
36
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
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
37
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
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
38
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
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
39
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
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
40
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 non-compliance 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
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
41
Level of Performance Katarungang Pambarangay in
Terms of Effective Settlement of Disputes
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
Ave. Mean = 4.09 SD= .04 Moderately Effective
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
42
Table 7
Level of Performance Katarungang Pambarangay in
Terms of Satisfaction of Complainant and Respondents
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
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.
43
341; 50%307; 45%
34; 5%
No. of Cases FiledResolved/SettledEndorsed to Court
Figure 6. Level of Satisfaction of Katarungang Pambarangay on the Endorsement of Unsettled Cases to regular Courts
Significant Effect of Implementation of Katarungang Pambarangay in Terms of Demographic Profile on the Performance of the Members of the Lupong Tagapamayapa.
Table 8 Significant Effect of Implementation of Katarungang
Pambarangay 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
44
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.
Computed t- value
P- valuep<.05
DF Interpretation
1. Effective Settlement of Dispute
1.32-38.53-12.88-12.89-23.12
0.1890.000.000.000.000
163
Not SignficantSignificantSignificantSignificantSignificant
Satisfaction of Clients
0.69-40.25-13.67-13.44-24.07
.490
.000
.000
.000
.000163
Not SignificantSignficantSignificantSignificantSignificant
Indorsement of Unsettle Cases to courts
3.54-2.370.57-.38-1.30
.0240.077.600.724.264
163
SignificantNot SignificantNot SignificantNot SignificantNot Significant
Significant Effect of Compliance to the Procedure of the Lupong Tagapamayapa on the Performance of the Members Katarungang Pambarangay
Table 9 Significant Effect of Compliance to the Procedure of the Lupong
Tagapamayapa on the Performance of the Members Katarungang
Pambarangay. The table shows that compliance to procedure in terms of
receiving of complaints, issuance of summons and
mediation.conciliation/arbitration have no significant effect on the performance of
45
katarungang pambarangay in terms of effective settlement of disputes while
settlement/awards and execution have significant effect on the performance of
katarungang pambarangay in terms of effective settlement of disputes.
It also disclose that settlement /awards has significant effect on the
performance of katarungang pambarangay in terms of satisfaction of clients while
receiving of complaints, issuance of summons and
mediation.conciliation/arbitration, and execution have no significant effect.
The table further disclose that all the variables namely, receiving of
complaints, issuance of summons and mediation, conciliation/arbitration,
settlement /awards and execution have significant effect on the performance of
katarungang pambarangay in terms of indorsement of unsettled cases to the
courts.
Table 9. Significant Effect of Compliance to the Procedure of the Lupong Tagapamayapa on thePerformance of the Members Katarungang Pambarangay
Computed t- value
P- valuep<.05
DF Interpretation
1. Effective Settlement of Dispute
1.561.580.833.382.81
0.1210.1160.408.001.006
163
Not SignificantNot SignificantNot SignificantSignificantSignificant
Satisfaction of Clients
0.710.75.0.002.471.92
0.4780.453.996.015.057
163
Not SignificantNot SignificantNot SignificantSignificantNot Significant
Indorsement of Unsettle Cases to courts
3.543.553.423.793.72
.024
.024
.027
.0190.021
163
SignificantSignificantSignificantSignificantSignificant
46
Chapter 5
SUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATIONS
Demographic Profile of the Members of the Lupong Tagapamaya in Term of Age.
About 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 5.6%.
47
Demographic Profile of the Members of the Lupong Tagapamaya in Term of Gender
More than 2/3 or 69.64 % of the members of the Lupong Tagamapaya are
male, while 39.36% are female.
Demographic Profile of the Members of the Lupong Tagapamaya in Term of Educational Attainment
45.53 % of the members of the L:upong Tagamapayapa are college
graduate, 21.25% are undergraduate, 11.13 % have reached highschool and
8.9% reached elementary level.
Demographic Profile of the Members of the Lupong Tagapamaya in Term of Seminars / Trainings Attended
About 34.40% of the members of the Lupong Tagapamauyapa 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.
Demographic Profile of the Members of the Lupong Tagapamaya in Term of Years in Service
There are 38.45 % of the members of the Lupong Tagapamayap 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.
48
Table 1 that the Lupong Tagapamayapa complied with procedure in terms of
Receiving of Complaints Most of the Time as question numbers 1 to 5 received a
remarks of Most of the Time.
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 issuance of summons
and all the questions received a remark of Most of the Time.
Table 3 presents the level of Compliance to procedure of the Katarungang
Pambarangay in Terms of conciliation. The table presents that all questions
regarding compliance to procedure in terms of conciliation received a remark of
Most of the time.
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.
Table5 presents the level of Compliance to produce of the Katarungang
Pambarangay in Terms of execution. It shows that most of the time the
49
Katarungang Pambarangay complied with the procedure in terms of execution of
the awards or settlement.
Table 6 presents the level of Compliance to procedure 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.
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 in all the aspects asked in the questionnaire.
Table 8 Significant Effect of Implementation of Katarungang Pambarangay 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
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attainment seminar/training attended and years in service have significant effect
on the performance of katarungang pambarangay.
Table 9 shows the Significant Effect of Compliance to the Procedure of
the Lupong Tagapamayapa on the Performance of the Members Katarungang
Pambarangay. The table revealed that compliance to procedure in terms of
receiving of complaints, issuance of summons and
mediation.conciliation/arbitration have no significant effect on the performance of
katarungang pambarangay in terms of effective settlement of disputes while
settlement/awards and execution have significant effect on the performance of
katarungang pambarangay in terms of effective settlement of disputes.
It also disclose that settlement /awards has significant effect on the
performance of katarungang pambarangay in terms of satisfaction of clients while
receiving of complaints, issuance of summons and
mediation.conciliation/arbitration, and execution have no significant effect.
The table further discloses that all the variables namely, receiving of
complaints, issuance of summons and mediation, conciliation/arbitration,
settlement /awards and execution have significant effect on the performance of
katarungang pambarangay in terms of indorsement of unsettled cases to the
courts.
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Conclusions
The findings of the study yielded the following conclusions:
The Katarungang Pambarangay complied to the procedure most of the time.
The Katarungang Pambarangay is moderately effective in settling disputes.
The complainants and respondents are moderately satisfied on the performance of the Katarungang Pambarangay.
Recommendations
The findings and conclusions of the study resulted to the following recommendations
Since the Katarungang Pambarangay complied to the procedures