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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. All barangays
in every municipality that implement the KatarungangPambarangay in their own
locality. It is an interesting subject of study how the KatarungangPambarangay in
is being implemented by the different barangays in selected towns of the fourt
distric of Laguna
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 punongbarangay, as chairman and ten (10) to twenty (20) members. The luponshall be constituted every three (3) years in the manner providedherein.
The functions of the LupongTagapamayapa are provided in Section 402 of
the same act:
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
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(c) Exercise such other powers and perform such other duties andfunctions 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 authorityof the lupon shall be filed or instituted directly in court or any othergovernment office for adjudication, unless there has been aconfrontation between the parties before the lupon chairman or thepangkat, and that no conciliation or settlement has been reached ascertified by the lupon secretary or pangkat secretary as attested to bythe lupon or pangkat chairman or unless the settlement has beenrepudiated 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 municipalities of Lumban, Pangil, Siniloan, Famy, Mabitac
and Santa Maria all in the fourth district of Laguna so as to provide inputs for
policy enhancement.
Theoretical framework
Procedural justice refers to the idea of fairness in the processes that
resolves disputes and allocates resources. One aspect of procedural justice is
related to discussions of the administration of justice and legal proceedings. This
sense of procedural justice is connected to due process (U.S.), fundamental
justice (Canada), procedural fairness (Australia), and natural justice (other
Common law jurisdictions), but the idea of procedural justice can also be applied
to non-legal contexts in which some process is employed to resolve conflict or
divide benefits or burdens.( http://en.wikipedia.org/wiki/Procedural_justice)
The researcher holds the view that the KatarungangPambarangay is
widely adhered and attended to by the people as this effectively facilitates
settlement of disputes among barangay residents because to them it is easier to
achieve justice and resolve conflict through the KatarungangPambarangay.
The Law of Composition as cited by Escoses(2012) calls for the amicable
settlement between parties and pacific settlement of disputes which the
KatarungangPambarangaySystem is patterned from. The
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KatarungangPambarangayencourages the peaceful settlement of disputes in the
barangay level.
Conceptual Framework
The demographic profile of Lupon members and compliance to the
procedures in settling disputes as provided for by law affects the performance of
the Katarungang Pambarangay and will result to the effective administration of
justice in the barangay level specifically the settlement of disputes and
satisfaction of clients with less cases to be indorsed to the regular courts.
The conceptual framework of the study is depicted in the following
paradigm.
IV DV
Level of Performance of
KatarungangPambarangay
Effective Settlement of
Disputes
Satisfaction of
Complainant and
Respondents
Indorsement of Unsettled
Cases to regular Courts
Implementation of KatarungangPambarangay
Demographic Profile
o Age
o Gendero Educational Attainment
o Seminar/Training of KP
Member Attended
o Length of Service
Compliance to procedures
o Receiving of Complaints
o Issuance of summons
o Conciliation
o Settlement and Awards
o Execution
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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 ofreceiving 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 amicablesettlement and arbitration award shall have the force and effect of afinal judgment of a court upon the expiration of ten (10) days from thedate thereof, unless repudiation of the settlement has been made or apetition to nullify the award has been filed before the proper city or
municipal court.(Section -__, Local Government Code of 1991)
Watts (2001) pointed out to be made in any such development in relation
to international judicial procedures are essentially a matter of the international
community wanting to demontsrate a real commitment to make international
judicial dispute settlement procedure effective. If they really want the result, there
are ways and means by which they can achieve it. If they do not, and if
international judicial; settlement remains largey an add-on extra to the main
structures of the international community, then those procedures will never,
overall, be as effective ads a communiuty dedicated to the rule of law desires or
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deserves. It is true that in an organization, members commitment to its
obligations is a ways and means to settle disputes in peaceful manner.
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.
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.
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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
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)
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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
+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 ofselected municipalities of the fourth district of
Laguna.
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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 theauthority of the lupon shall be filed or instituted directly in court orany other government office for adjudication, unless there has beena confrontation between the parties before the lupon chairman orthe pangkat, and that no conciliation or settlement has been
reached as certified by the lupon secretary or pangkat secretary asattested to by the lupon or pangkat chairman or unless thesettlement 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.
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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.
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.
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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 teachers 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
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 teachers 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
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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.
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
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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 bachelors degree, with
masters units, with masters 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
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.
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Labawig concluded that educational attainment and professional
experience had little effect on the leadership effectiveness of barangay captains
along communication, coordinating and support, decision making and evaluation
of performance and feedback. The three attributes of qualifications namely
educational attainment, professional experience and length of service do not
influence the degree of seriousness of problems encountered by barangay
captains along project implementation.
(http://www.eisrjc.com/documents/College_Of_Teacher_Education_1325748358.
pdf).
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 effectiveimplementation and administration of the katarungangpambarangay.The Secretary of Justice shall promulgate the rules and regulationsnecessary 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
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mediations. The Punong Barangay is the one requesting to hold the training, as
per the need of the barangay and availability of budget. (Codamon, 2011).
The same study revealed that KatarungangPambarangayTraining had
helped the Lupon in increasing the proportion of resolved cases in the
barangays. This is because of the knowledge the respondents have learned from
the training, along with the skills they have acquired and eventually developed,
and the attitudes they have gained.(Codamon, 2011).
A study by Barraca, et al (2009) of UP College of Law Students has the
same findings as that of the above and revealed that attendance and
participation in government-provided and NGO-organized trainings, seminars,
and workshops are strongly encouraged in the members of the Lupon.
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.
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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) Childrens Rights
(f) Gender/Womens Rights
(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 ones 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
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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 againstanother individual involving any matter within the authority of the luponmay complain, orally or in writing, to the lupon chairman of thebarangay.
(b) Mediation by lupon chairman - Upon receipt of thecomplaint, the lupon chairman shall within the next working daysummon the respondent(s), with notice to the complainant(s) for themand their witnesses to appear before him for a mediation of theirconflicting interests. If he fails in his mediation effort within fifteen (15)days from the first meeting of the parties before him, he shall forthwithset a date for the constitution of the pangkat in accordance with theprovisions of this Chapter.
(c) Suspension of prescriptive period of offenses - While thedispute is under mediation, conciliation, or arbitration, the prescriptiveperiods for offenses and cause of action under existing laws shall be
interrupted upon filing the complaint with the punong barangay. Theprescriptive periods shall resume upon receipt by the complainant ofthe complainant or the certificate of repudiation or of the certification tofile action issued by the lupon or pangkat secretary: Provided, however,That such interruption shall not exceed sixty (60) days from the filing ofthe complaint with the punong barangay.
(d) Issuance of summons; hearing; grounds for disqualification- The pangkat shall convene not later than three (3) days from itsconstitution, on the day and hour set by the lupon chairman, to hearboth parties and their witnesses, simplify issues, and explore allpossibilities for amicable settlement. For this purpose, the pangkat mayissue summons for the personal appearance of parties and witnessesbefore it. In the event that a party moves to disqualify any member ofthe pangkat by reason of relationship, bias, interest, or any othersimilar grounds discovered after the constitution of the pangkat, thematter shall be resolved by the affirmative vote of the majority of thepangkat whose decision shall be final. Should disqualification bedecided upon, the resulting vacancy shall be filled as herein providedfor.
(e) Period to arrive at a settlement - The pangkat shall arrive ata settlement or resolution of the dispute within fifteen (15) days from
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the day it convenes in accordance with this section. This period shall,at the discretion of the pangkat, be extendible for another period whichshall 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 barangayshall be brought for amicable settlement before the Lupon of saidbarangay. Those involving actual residents of different barangays within thesame city or municipality shall be brought in the barangay where therespondent or any of the respondents actually resides, at the electionof the complaint.
All disputes involving real property or any interest therein shall bebrought in the barangay where the real properly or the larger portionthereof is situated. Those arising at the workplace where the contending parties areemployed or at the institution where such parties are enrolled for study,shall be brought in the barangay where such workplace or institution islocated.
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)
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Alangwai(1996) found out that the lupon members knowledge of the
Barangay Justice Law procedures and technique and cooperation did not affect
the number of disputes amicably settled by the lupon.
However, according to a study conducted in 2006 on the Efficacy and
Efficiency of the Barangay Justice System, barangay officials lack awareness of
their roles and duties and also lack of knowledge in implementing the Barangay
Justice Law.
The findings of Miguel in his study of the implementation of
KatarungangPambarangay in Monte Vista, Compostela Valley contradicted the
findings of Gerry Roxas Foundation. It revealed that members of
LupongTagapamayapa of Montevista are aware of the procedures and adhered
to the same in settling disputes.
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 hismediation efforts, the same Section 410(b) should be construed togetherwith Section 412(a) of the same law (quoted earlier), as well as thecircumstances obtaining in and peculiar to the case. Here, while the Pangkatwas not constituted, however, the parties met nine (9) times at the Office ofthe Barangay Chairman for conciliation wherein not only the issue of waterinstallation was discussed but also petitioners violation of the lease contract.It is thus manifest that there was substantial compliance with the law whichdoes 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. -
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(a) Who may initiate proceeding - Upon payment of the appropriatefiling fee, any individual who has a cause of action against anotherindividual involving any matter within the authority of the lupon maycomplain, orally or in writing, to the lupon chairman of the barangay.
(b) Mediation by lupon chairman - Upon receipt of the complaint, thelupon chairman shall within the next working day summon therespondent(s), with notice to the complainant(s) for them and theirwitnesses to appear before him for a mediation of their conflictinginterests. If he fails in his mediation effort within fifteen (15) days fromthe first meeting of the parties before him, he shall forthwith set a datefor the constitution of the pangkat in accordance with the provisions ofthis Chapter.
(c) Suspension of prescriptive period of offenses - While the dispute isunder mediation, conciliation, or arbitration, the prescriptive periods foroffenses and cause of action under existing laws shall be interruptedupon filing the complaint with the punong barangay. The prescriptiveperiods shall resume upon receipt by the complainant of the
complainant or the certificate of repudiation or of the certification to fileaction issued by the lupon or pangkat secretary: Provided, however,That such interruption shall not exceed sixty (60) days from the filing ofthe complaint with the punong barangay.
(d) Issuance of summons; hearing; grounds for disqualification - Thepangkat shall convene not later than three (3) days from itsconstitution, on the day and hour set by the lupon chairman, to hearboth parties and their witnesses, simplify issues, and explore allpossibilities for amicable settlement. For this purpose, the pangkat mayissue summons for the personal appearance of parties and witnessesbefore it. In the event that a party moves to disqualify any member ofthe pangkat by reason of relationship, bias, interest, or any other
similar grounds discovered after the constitution of the pangkat, thematter shall be resolved by the affirmative vote of the majority of thepangkat whose decision shall be final. Should disqualification bedecided upon, the resulting vacancy shall be filled as herein providedfor.
(e) Period to arrive at a settlement - The pangkat shall arrive at asettlement or resolution of the dispute within fifteen (15) days from theday it convenes in accordance with this section. This period shall, atthe discretion of the pangkat, be extendible for another period whichshall 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
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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 thematter in dispute in an informal but orderly manner, without regard totechnical rules of evidence, and as is best calculated to effect a fairsettlement of the dispute and bring about a harmonious relationship ofthe parties.
Proceedings before the Punong Barangay shall be recorded bythe Lupon Secretary while those before the Pangkat shall be recordedby the Pangkat Secretary. The record shall note the date and time of
hearing, appearance of parties, names of witnesses and substance oftheir testimonies, objections and resolutions, and such other matters aswill be helpful to a full understanding of the case.
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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 selected municipalities of the fourth district of Laguna..
Documentary analysis will also be used in this study to analyze the reports
of the differentLupongTagapamaya of the KatarungangPambarangays.
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Population and Sampling
The information will be gathered through surveys and interviews of
Barangay officials, members of the LupongTagapamayapa of different
KatarungangPambarangays of the selected municipalities of the fourth district of
Laguna well as the clients of the different KatarungangPambarangays.
The researchers will employ the unrestricted sampling technique as
explained by Calmorin (2003) primarily because no restriction is imposed, and
every member of the population has an equal chance of inclusion in the sample.
It is also the aim of the researchers to reach all or almost all of the members of
the LupongTagapamayapa as well as their clients in the year 2012.
The following will be the respondents of this study:
1. LupongTragapamayapa(Chairmen, members, secretaries)
2. Clients (Complainants and Respondents)
Research Instrument
Survey questionnaires will be used as the primary data gathering
instrument. There are two sets survey questionnaires. One for the members of
LupongTagamapayapa and one for the clients.
The first set of questionnaires is composed of two (2) parts.
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.
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Second part of the questionnaire covers compliance to procedures as
provided for in the implementing rules of the KatarungangPambarangay and the
Local Government Code of 1991.
The second set of questionnaires which is divided into three parts will be
administered to the clients of the LupongTagapamaya.
First part of set 1 is for the demographic profile of the clients of the
KatarungangPambarangay to identify and determine profile of respondents in
terms of age, sex and educational attainment.
Second part of the questionnaire covers the perception of clients in
regards to the compliance of the procedures by the LupongTagapamayapa and
Pangkat ng Tagapagkasundo.
The third part of the questionnaire will cover the perception of the clients
on the effectiveness of the KatarungangPambarangay in settling disputes and
their level of satisfaction.
The number of settled complaints and number of complaints which were
given endorsement by the LupongTagapamayapa will be analyzed and evaluated
from the report of the barangay secretary or the report submitted to the Municipal
Local Government Operations. The appropriation of the Municipal Government
for each KatarungangPambarangay or KatarungangPambarangay Program will
also be analyzed and evaluated.
The Likerts Scale model will be used to measure numerically the verbal
response of the respondents:
Numerical Equivalent and Range of Verbal Description or Rating.
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NumericalEquivalent andRange
Compliancetoprocedures
Perception ofClients onEffectiveness
Satisfactionof Clients
5(4.45 5.0)
All the Time VeryEffective
VerySatisfied
4(3.45 4.44) Most of theTime Effective Satisfied
3(2.45 3.44)
Sometime ModeratelyEffective
ModeratelySatisfied
2(1.45 2.44)
Rarely Ineffective Dissatisfied
1(1.0 1.44)
Not at all VeryIneffective
VeryDissatisfied
Research Procedure
In order to facilitate data gathering, the researchers will seek the
permission of the different barangay chairmen of the different barangays of the
selected municipalities of the fourth district of Laguna.
The data gathering will be done personally by the researchers with the
help and assistance of the different barangay councils of the Siniloan, Laguna.
The researchers will seek the help of the professors of Laguna State
Polytechnic University especially Dr. LucitaSubillaga and the thesis advisers for
comments and suggestions for improvement. Once corrections and revisions of
the questionnaires are done, it will be subject to pre-testing before it will be used
for the actual data gathering.
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
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will be used to determine the difference in perception of clients and
KatarungangPambarangay members in regards to their performance.
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Chapter 4
RESULTS AND DISCUSSION
This Chapter presents the tabulated data with statistical analysis of data
gathered with the corresponding interpretation of results based in the order in the
statement of the problem.
The presentation of the findings follow the sequence of the major topics
set in the problems of the study namely: Demographic profile of the members of
the Lupong Tagapamaya in terms of age, gender, educational attainment,
seminars and trainings attended and years in service; next by the level of
compliance to procedures of the Katarungang Pambarangay in terms of receiving
complaints, issuance of summons, conciliation, settlement and awards and
execution, followed by the level of performance of the Katarungang ambarangay
in terms of effective settlement of disputes, satiosfaction of complainants and
respondents and level of performance in the indorsement of unsettled cases to
the regualr courts.
To include, the effect of the implementation of Katarungang Pambarangay
in terms of demographic profile on the performance of the Lupong
Tagapamayapa.
In addition also, the significanyt effect of compliance to procedure of the
Lupong Tagapamayapa on the performance of the Kataraungang Pambarangay.
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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.
Figure 2 . A Pie-Graph Showing the Pie Graph of the DemographicProfile of the Members of the Lupong Tagapamayapa in terms ofAge
As seen from figure 2, out of 85 members of Lupong Tagamapaya, 39 or
46 percent of them are 51-60 years old, 32 or 38 percent 41-50 years old, the
age group from 31-40 years old is 9 or 10 percent while only 5 or 6 percent of the
members are below 30 years old.
Based on the data analyzed, it revealed that most of the members of the
lupong tagapamaya belong to 51-60 years old with the frequency of 39 or 46
percent.
39, 46%
32, 38%
9, 10%5, 6%
51- 60 yrs old
41- 50 yrs old
31- 40 yrs old
below 30 year old
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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.
Figure 3 . Pie Graph Shoing The Demographic Profile of theMembers 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 with 69 or 64 percent.
39, 36%
69, 64%Female
Male
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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.
Figure 4 . Showing the Pie Graph of the Demographic Profile of theMembers of the Lupong Tagapamayapa in terms ofEducational Attainment
Based on Figure 4, 44 or 45.53 % of the members of the Lupong
Tagamapayapa have reached college but are undergraduate, 21 or 25% have
finished high school, 11 or 13 % have finished college and 8 or 9% reached and
finished elementary level. The data revealed that most members of the Lupong
Tagapamaya are undergraduate.
8, 9%
21, 25%
45, 53%
11, 13%
Elementary
Secondary
Undergraduate
Graduate
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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.
Figure 5 . A Pie Graph Showing the Demographic Profile of the
Members of the Lupong Tagapamayapa in terms ofSeminars/Training Attended
It can be seen from the figure that 34 or 40% of the members of the
Lupong Tagapamayapa have attended at least one training or seminar regarding
the Katarungang Pambarangay Law, 29 or 34% have attended two training while
only 22 or 26 % of them have attended more than two trainings.
The findings revealed tha most of the members of the Lupong
Tagapamayapa have attended at least one training or seminar regarding the
Katarungang Pmabarangay Law.
29, 34%
22, 26%
34, 40%More than two Trainings
Two Trainings
One Training
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Demographic Profile of the Members of the Lupong Tagapamayapa
in Terms of Years in Service
Figure 6 presents the Demographic Profile of the Members of the Lupong
Tagapamayapa in terms of Years in Service.
Figure 5. Pie Graph Showing the Demographic Profile of theMembers of the Lupong Tagapamayapa in terms of Yearsin Service
Based on the figure 38 or 45 % of the members of the Lupong
Tagapamayapa have less than 5 years of experience in serving as member of
the Lupon, 32 or 38% have five (5) to nine (9) years of experience while only 15
or 17% have ten years or more experience.
Based on the analysis, most of the members of the Lupong
Tagapamayapa have less than 5 years experience in serving as members of the
Lupon.
15, 17%
32, 38%
38, 45%Ten years to 15 years
Five years to 9 years
Less than 5 years
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Level of Compliance to Procedure of the Katarungang Pambarangayin Terms of Receiving Complaints
Table 1 presents the level of Compliance to produce of the Katarungang
Pambarangay in Terms ofreceiving complaints.
It can be gleaned from Table 1 that the Lupong Tagapamayapa complied with
procedure in terms of Receiving of Complaints and received an average mean of
4.22 and falls within the range of Most of the Time.
Table 1
Level of Compliance to procedure of the Katarungang Pambarangay in
Terms of Receiving Complaints
Receiving Complaints x SD Remarks
1. The Lupong Tagapamaya receives the complaints in writing
or orally from individual who has a cause of action against
another individual in accordance with the Katarungang
Pambarangay Law.
4.27 .70 Most of the Time
2. The Lupong Tagapamayapa receives complaint from any
individual who has a cause of action against anotherindividual 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
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Ave. mean = 4.22 SD= .15 Most of the time
Level of Compliance to produce of the Katarungang Pambarangay in Termsof Issuance of Summons
Table 2 presents the level of Compliance to produce of the Katarungang
Pambarangay in Terms of Issuance of Summons. It discloses that most of the
time the Lupong Tagapamayapa complied to procedure in the issuance of
summons and the questions received an average mean of 4.22 with a verbal
equivalent of Most of the Time.
Table 2
Level of Compliance to Procedure of the Katarungang Pambarangay in
Terms of Issuance of Summons
Issuance of Summons x SD Remarks
1. The Lupon issues summons in accordance with KP rules 4.29 .69 Most of the Time
2. The Lupon Chairman issues summons to the respondent
one day after proper receipt of complaint to appear before
him for a mediation of their conflicting interests.
4.07 .70 Most of the Time
3. The Lupon Chairman issues notice to the complainant and
his/her witnesses one day after proper receipt of complaint
to appear before him for a mediation of their conflicting
interests..
4.09 .74 Most of the Time
4. The Pangkat ng Tagapagkasundo issues summons to the
respondent one day after proper receipt of complaint to
appear before him for a conciliation of their conflicting
interests.
4.22 .71 Most of the Time
5. The Pangkat ng Tagapagkasundo issues notice to the
complainant and his/her witnesses one day after proper
receipt of complaint to appear before him for a conciliation
of their conflicting interests..
4.42 .70 Most of the Time
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Ave. Mean = 4.22 SD = .14 Most of the Time
Level of Compliance to procedure of the Katarungang Pambarangay inTerms of Conciliation
Table 3 presents the level of Compliance to procedure of the Katarungang
Pambarangay in Terms of Conciliation. The table shows that all questions
regarding compliance to procedure in terms of conciliation hacve an average
mean of 4.16 with a adjectival equivalent of Most of the time.
Table 3
Level of Compliance to Procedure of the Katarungang Pambarangay in
Terms of Conciliation
Concillation x SD Remarks
1. The Lupon Chairman exerts all effort to conciliate the
opposing parties.
4.38 .72 Most of the Time
2. The Lupon Chairman constitutes the Pangkat ngTagapagkasundo 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
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Level of Compliance to produce of the Katarungang Pambarangay in Termsof Settlement and Awards
Table 4 presents the level of Compliance to produce of the Katarungang
Pambarangay in Terms of receiving complaints. The table below shows that
most of the time the Katarungang Pambarangay complied to procedure in terms
of Settlement and Awards as it received an average mean of 4.34 with an
equivalent verbal rating of Most of the Time.
Table 4
Level of Compliance to procedure of the Katarungang Pambarangay in
Terms of Settlement and Awards
Settlement and Awards x SD Remarks
1. All settlement and awards of Katarungang Pambarangay are
in writing.
4.33 .59 Most of the Time
2. The settlement and awards are written in language known to
both parties.
4.35 .67 Most of the Time
3. All parties to a dispute sign the settlement and awards. 4.32 .64 Most of the Time
4. All settlement and awards are attested to by the Lupon
Chairman.
4.28 .57 Most of the Time
5. The amicable settlement and arbitration award have the
force and effect of a final judgment of a court upon theexpiration 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
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Level of Compliance to produce of the Katarungang Pambarangay in Termsof Execution
Table5 presents the level of Compliance to produce of the Katarungang
Pambarangay in Terms of Execution. It shows that most of the time the
Katarungang Pambarangay complied with the procedure in terms of execution of
the awards or settlement as the questions relating thereto received an average
mean of 4.30 with an equivalent verbal rating of Most of the Time.
Table 5
Level of Compliance to produce of the Katarungang Pambarangay in
Terms of Execution
Execution x SD Remarks
1. To execute the settlement awards of the disputants first file
for motion for execution with the Barangay Chairman.
4.38 .58 Most of the
Time
2. The Barangay Chairman conducts hearing on the date
assigned by the movant which shall be not later than 5 days
from filing of motion.
4.31 .60 Most of the
Time
3. The Barangay Chairman ascertains the facts for 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
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Level of Performance Katarungang Pambarangay in Terms ofEffective Settlement of Disputes
Table 6 presents the level of Compliance to produce of the Katarungang
Pambarangay in Terms of Effective Settlement of Disputes. It discloses that the
level of performance of katarungang pambarangay in terms of effective
settlement of disputes is moderately effective in all the five areas and it received
an average mean of 4.09 with an equivalent verabal rating of Moderately
Effectuive.
Table 6
Level of Performance Katarungang Pambarangay in
Terms of Effective Settlement of Disputes
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
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Level of Performance Katarungang Pambarangay in Terms ofSatisfaction of Complainant and Respondents
Table 7 presents the level of performance Katarungang Pambarangay in
terms of satisfaction of complainant and respondents. It discloses that
complainants and respondents are moderately satisfied on the performance of
katarungang pambarangay and the questions in all the aspects relating thereto
received an average mean of 4.15 with an equivalent verbal rating of Moderately
Satisfied.
Satisfaction of Complainant and Respondents
Table 7
Level of Performance Katarungang Pambarangay in
Terms of Satisfaction of Complainant and Respondents
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
4.32 .71 Moderately
Satisfied
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Pambarangay.
Ave. Mean = 4.15 SD= .10 Moderately Effective
Level of Satisfaction of Katarungang Pambarangay on the Endorsement ofUnsettled 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.
Figure 6. Level of Satisfaction of Katarungang Pambarangay on theEndorsement of Unsettled Cases to regular Courts
341, 50%307, 45%
34, 5%
No. of Cases Filed
Resolved/Settled
Endorsed to Court
Total = 341 Cases
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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.
Table 8.Significant Effect of Implementation of Katarungang Pambarangay inTerms of Demographic Profile on the Performance of the Members of theLupong Tagapamayapa.
PerformannceofKatarungangPambarangay
Demographic Profi;eAge Gender
Educl
AttainmentSeminarsAttended
Years of Service
Comp.t-value
p-valuep
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However, in terms of indorsement of unsettled cases to court, age has a
significant effect. The table shows that the computed t vali\ue = 3.54 is higher
that the probability value of ,024.
Gender and Performance of Katarungang Pambarangay
The results suggest that gender has significant effect on the level of
performance of Katarungang Pambarangay in terms of Effective Settlement of
Disputes. The tabl;e shows that the computed t value = -38.53 is lower than the
probability value of 0.000 with 163 degrees of freedom at .05 level of
significance.
In terms of satisfaction of clients, gender has significant effect. As can be
gleaned from the table above, the computed t-value of -40.25 is lower than the
probability value of 0.000.
However, in terms of indorsement of unsettled cases to court, gender has
no a significant effect. The table shows that the computed t vali\ue = -2.37 is
lower than the probability value of 0.077.
Educational Attainment and Performance of Katarungang Pambarangay
As reflected on Table __, educational attainment has significant effect on
the level of performance of Katarungang Pambarangay in terms of Effective
Settlement of Disputes. The tabl;e shows that the computed t value = -12.88 is
lower than the probability value of 0.000 with 163 degrees of freedom at .05
level of significance.
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In terms of satisfaction of clients, educational attainment has significant
effect. As can be gleaned from the table above, the computed t-value of -13.67 is
lower than the probability value of 0.000.
While, in terms of indorsement of unsettled cases to court, educational
attainment has no a significant effect. The table shows that the computed t
vali\ue = 0.57 is lower than the probability value of 0.600.
Seminars / Trainings and Performance of Katarungang Pambarangay
As reflected on Table __,seminar and trainings of KP members has
significant effect on the level of performance of Katarungang Pambarangay in
terms of Effective Settlement of Disputes. The table shows that the computed t
value = -12.89 is lower than the probability value of 0.000 with 163 degrees of
freedom at .05 level of significance.
With regards to satisfaction of clients, it also has significant effect. As can
be gleaned from the table above, the computed t-value of -13.44 is lower than
the probability value of 0.000.
While, in terms of indorsement of unsettled cases to court, it has no a
significant effect. The table showsthat the computed t valiue = -.38 is lower than
the probability value of 0.724.
Years of Service and Performance of Katarungang Pambarangay
As reflected on Table __, years of service has significant effect on the
level of performance of Katarungang Pambarangay in terms of Effective
Settlement of Disputes. The tabl;e shows that the computed t value = -23.12 is
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lower than the probability value of 0.000 with 163 degrees of freedom at .05
level of significance.
In terms of satisfaction of clients, it also has significant effect. As can be
gleaned from the table above, the computed t-value of -24.07 is lower than the
probability value of 0.000.
While, in terms of indorsement of unsettled cases to court, it has no a
significant effect. The table shows that the computed t valiue = -1.30 is lower
than the probability value of 0.264.
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.
Table 9Significant Effect of Compliance to the Procedure of the Lupong
Tagapamayapa on thePerformance of the Members KatarungangPambarangay
PerformannceofKatarungangPambarangay
Compliance to procedureReceiving ofCOmplaints
Issuance ofSummons
Conciliation Settlement andAwards
Execution
Comp.t-value
p-value
p
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Receiving Complaints and Performance of Katarungang Pambarangay
As reflected on Table __, receiving complaints has no significant effect on
the level of performance of Katarungang Pambarangay in terms of Effective
Settlement of Disputes. The table shows that the computed t value = 1.56 is
higher than the probability value of 0.121with 163 degrees of freedom at .05
level of significance.
In terms of satisfaction of clients, receivining of complaints has no
significant effect. As can be gleaned from the table above, the computed t-value
of 0.71 is higher than the probability value of .478.
While, in terms of indorsement of unsettled cases to court, it has a
significant effect. The table shows that the computed t vali\ue = 3.54 is higher
than the probability value of 0.024.
Issuance of Summons and Pereformance of Katarungang Pambarangay
As reflected on Table __, issuance of summons has no significant effect
on the level of performance of Katarungang Pambarangay in terms of Effective
Settlement of Disputes. The table shows that the computed t value = 1.58 is
higher than the probability value of 0.116 with 163 degrees of freedom at .05
level of significance.
With regards to satisfaction of clients, it also has no significant effect. As
can be gleaned from the table above, the computed t-value of 0.75 is higher than
the probability value of .453.
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However, in terms of indorsement of unsettled cases to court, it has a
significant effect. The table shows that the computed t vali\ue = 3.55 is higher
than the probability value of 0.024.
Conciliation and Pereformance of Katarungang Pambarangay
The table shows that, conciliation has no significant effect on the level of
performance of Katarungang Pambarangay in terms of Effective Settlement of
Disputes. The table shows that the computed t value = 0.83 is higher than the
probability value of 0.1408 with 163 degrees of freedom at .05 level of
significance.
In terms of satisfaction of clients, it also has no significant effect. As can
be seen from the table above, the computed t-value of 0.000 is lower than the
probability value of .996.
While, in terms of indorsement of unsettled cases to court, it has a
significant effect. The table shows that the computed t vali\ue = 3.42 is higher
than the probability value of 0.027.
Settlement and Awrads and Performance of Katarungang Pambarangay
The results show that, settlement and awards has significant effect on the
level of performance of Katarungang Pambarangay in terms of Effective
Settlement of Disputes. The table shows that the computed t value = 3.38 is
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higher than the probability value of 0..001 with 163 degrees of freedom at .05
level of significance.
With regards to satisfaction of clients, it also has significant effect. As can
be gleaned from the table above, the computed t-value of 2.47 is higher than the
probability value of .015.
And in terms of indorsement of unsettled cases to court, it has a significant
effect. The table shows that the computed t vali\ue = 3.79 is higher than the
probability value of 0.019.
Execution and Performance of Katarungang Pambarangay
As reflected on Table9, execution has significant effect on the level of
performance of Katarungang Pambarangay in terms of Effective Settlement of
Disputes. The table shows that the computed t value = 2.81 is higher than the
probability value of 0.006 with 163 degrees of freedom at .05 level of
significance.
With regards to satisfaction of clients, it has no significant effect. As can
be gleaned from the table above, the computed t-value of 1.92 is higher than the
probability value of .057.
And in terms of indorsement of unsettled cases to court, it has a significant
effect. The table shows that the computed t vali\ue = 3.72 is higher than the
probability value of 0.021.
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Chapter 5
SUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATIONS
This chapter presents the summary, findings, conclusions on the bais of
the hypothesis and the corrfesonding recommendations.
Summary
This study aimed to to make an assessment of the performance of
Katarungang Pambarangay in the selected municipalities of the fourth district of
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
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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
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
In conducting this study the descriptive method of research was used
which involved collection of data in order to come up with the answers to the
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specific questions. The statistical treatment emplyed in this study consiust of
ferquency count, standard deviation, average mean. T-test.
The information in the related literature and studies were gathered to
formulate the conceptual framework presented in a paradigm and the definition of
terms. These literatures and studies were researches and publications as well as
related laws to the subject matter.
The resaerchers used the survey questionnaire as the main tool in data
gathering The first set of questionnaires is composed of two (2) sets.
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.
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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 study was conducted in the municipalities of Lumban, Pangil,
Siniloan, Famy, Mabitac and Santa Maria, all in the fourt district of Laguna.
Conclusions
The findings of the study yielded the following conclusions:
1. The Lupong Tagapamayapa most of the time complied with the procedure of
the Katarungang Pambarangay in terms of receiving complaints, issuance of
summons, conciliation, settlement and awards and execution as these
parameters received an average mean ranging from 4.16 to 4.30.This shows
that the members of the Lupong Tagapamaya are compliant to the
procedures.
2. The Katarungang Pambarangay is moderately effective in settling disputes
and the clients are moderately satisfied with the way the Lupong
tagamapayapa handles their complaint and there are only few unsettled
complaints that were indorsed to the court.
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3. Age has is a significant effect on the implementation of Katarungang
Pambarangay in terms of effective settlement of disputes and indorsement of
unsettled cases to the courts while gender, educational attainment
seminar/training attended and years in service have no significant effect.
However, age has no significant effect on the performance of katarungang
pambarangay in terms of satisfaction of clients while gender, educational
attainment seminar/training attended and years in service have significant
effect.
4. The 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.
5. 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.
6. 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.effect on the performance of
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katarungang pambarangay in terms of indorsement of unsettled cases to the
courts.
Recommendations
The findings and conclusions of the study resulted to the following
recommendations.
1. Since the Barangay Chairman has the appointing power for the members of
Lupong Tagapamaya he should consider the demohgraphic characteristics in
appointing members of the Lupong Tagamapayapa.
2. The procedures of the Katarungang Pambarangay should be followed strictly
and the members of the Lupong Tagapamayapa must attend trainings and
seminars regarding this.