Katarungang Pambarangay
Katarungang Pambarangay, or the Barangay Justice System is a local justice system in the
The system exists to help decongest the regular courts and works mostly as "alternative, community-based mechanism for dispute resolution of conflicts,"[1] also described as a "compulsory mediation process at the village level."[3]
Throughout the Philippines the Barangay Justice Systems handles thousands of cases a year.[4] Since officials have more flexibility in decision-making, including from complex evidence rules, and receive some resources from government, the courts are more numerous and accessible than other courts and therefore the courts are able to hear more cases and to respond more immediately.[4]
The Katarungang Pambarangay share characteristics with similar traditional, hybrid courts in other countries such as the
Besides "hybrid courts", other authors have described the system as a "Non-State Justice System".[6]
History
There has long been a traditional, local system of resolving disputes. Presidential Decree No. 1508 signed by President Ferdinand Marcos on June 11, 1978, talks an unofficial "time-honored tradition of amicably settling disputes among family and barangay members at the barangay level without judicial resources".[7]
This decree was replaced by the
Operation, rules and procedures
The Lupon Tagapamayapa is the body that comprises the barangay justice system and on it sit the barangay captain and 10 to 20 members.[9] The body is normally constituted every three years and holds office until a new body is constituted in the third year.[9] They receive no compensation except honoraria, allowances and other emoluments as authorized by law or barangay, municipal or city ordinance.[9]
Almost all civil disputes and many crimes with potential prison sentences of one year or less or fines 5,000 or less.
Upon receipt of the complaint, the chairman to the committee, most often the barangay captain, shall the next working day inform the parties of a meeting for mediation.
See also
- Local Government Code
- Local government in the Philippines
References
- ^ a b "Barangay Justice System (BJS), Philippines". Archived from the original on December 13, 2013. Retrieved December 13, 2013.
- ^ a b "KATARUNGANG PAMBARANGAY" (PDF). Legal Advisories. Philippine National Police. July 2012. Retrieved December 18, 2013.
- ^ Clark, Samuel, and Matthew Stephens (2011). Reducing Injustice? A Grounded Approach to Strengthening Hybrid Justice Systems: Lessons from Indonesia. Traditional Justice: Practitioners' Perspectives WORKING PAPERS series (PDF). International Development Law Organization (IDLO). p. 5.
For example, the Philippines' compulsory mediation process at the village level, known as the Barangay Justice system,...
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: CS1 maint: multiple names: authors list (link) - ^ a b Chapman, Peter. "Hybrid Courts in East Asia & Pacific: A recipe for success?". "East Asia & Pacific on the rise" blog. The World Bank. Retrieved November 16, 2012.
- ^ a b c d e Chapman, Peter. "History of Hybrid Courts in East Asia & Pacific: A 'best fit' approach to justice reform?". "East Asia & Pacific on the rise" blog. The World Bank. Retrieved November 16, 2012.
- ^ Golub, S (2003). "Non-state Justice Systems in Bangladesh and the Philippines". Department for International Development, London. Retrieved November 16, 2012.
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(help) - ^ a b "PRESIDENTIAL DECREE No. 1508". The LAWPhil Project. Retrieved December 16, 2013.
- ^ "Effective dispute settlement under the katarungang pambarangay law". Open Library. December 11, 2009. Retrieved January 17, 2010.
- ^ a b c d e f g h Tibaldo, Art (April 15, 2013). "Settlement of Conflicts in the Barangay (1st of two parts)". Sun-Star Baguio. Retrieved December 18, 2013.
- ^ "Circular No. 14-93 : Guidelines on the Katarungang Pambarangay procedure". Supreme Court Administrative Circular. lawphil. July 15, 1993. Archived from the original on October 10, 2008.
External links
- For more details about the rules and procedure of the system, see Legal Procedures 03: Katarungang Pambarangay from Legal Updates blog
- The Katarungang Pambarangay Handbook from the website of the Department of the Interior and Local Government Regional Office No. 5. For an online version go to Scribd.com
- PRESIDENTIAL DECREE No. 1508 (repealed by R.A. 7160) Establishing a System of Amicably Settling Disputes at the Barangay Level
- R.A. 7160, An Act Providing for a Local Government Code of 1991