Thesis - Chapter 1

THE PROBLEM AND ITS BACKGROUND
Introduction
Barangay, as the basic political unit, serves as the primary planning and
implementing unit of the government policies, plans, programs, projects and activities
in the community, and as a forum wherein the collective views of the people may be
expressed, crystallized and considered, and where disputes may be amicably settled
(Section 384 of R.A. 7160).
As one of the basic services, the Barangay Justice System is commonly sought
after due to traditional and cultural belief of the community as it is a community-based
approach for resolving disputes between the members of the community. It exists to
assist the grassroots communities not only in the mediation process, but also in
delivering timely, cost-effective, and high-quality justice through a non-adverse
process.
This local setting of a community-based justice system also exists in western
countries like the United States of America, wherein every state follows a different
kind of mediation process or belief system. Elder Mediators have been chosen in
various regions of Western Countries precisely because of their existing knowledge of
the specific conflicts and their experiences in accommodating dispute resolution in
their community, so that a group or tribe can all benefit. The term is called western
“collectivism” wherein the conflict will not only have an effect in the parties involved
but the whole tribe or group or community in which they are involved. The mediators
also use “group pressure” just like as the mediator’s respectable position to convince
2
the parties involved to settle the case and restore harmony to the larger group
(Gonzales, 2022).
The Barangay Justice System was first recognized in 1979 as Presidential
Decree No. 1508 also known as The Katarungang Pambarangay Law but later
amended by R.A. 7160 also known as the Local Government Code of 1991.
R.A. 7160 provides detailed rules and regulation, as well as the establishment
of the Lupong Tagapamayapa as the authorized officers to settle the disputes within
the legal jurisdiction of the barangay concerned, providing specific duties and
functions for the Lupon Chairman, Lupon Secretary and the Lupon Members and also
providing information on the rules and procedure of filing and settling cases in the
barangay.
The Katarungang Pambarangay is the Barangay Justice System under the
Local Government Code of 1991. It is a form of alternative dispute resolution at the
community level to allow amicable settlement of disputes among family and barangay
members without resorting to the courts. This system helps relieve the courts of docket
congestion and enhances the quality of justice dispense by courts. (The Barangay and
the Local Government Code for National transformation by Sen. Aquiline Q.
Pimentel, Jr.)
The Local Government of Cauayan City is a component city pursuant to RA
9017 also known as “An Act Converting the Municipality of Cauayan, Province of
Isabela into a Component City to be known as the City of Cauayan”. It has 65

3
barangays categorized into five 5 regions, namely: Poblacion, West Tabacal, Tanap,
East Tabacal, and Forest.
The researcher, who is currently employed in the Local Government Unit of
Cauayan City as Secretary of Barangay San Fermin, deemed necessary to conduct a
study related to disputes that were mediated in the barangay. The researcher also
aimed to understand the reasons for occurrence of these disputes in the first place and
what causes people to go to such extent of filing cases instead of resolving their
conflict among themselves. Further, the researcher deemed necessary to identify the
best strategy that can be utilized in resolving disputes and use the result of this study
to help the Lupong Tagapamayapa to a come up with a more systematic dispute
resolution to lessen the number of unresolved cases in the barangay.
Statement of the Problem
This study was conducted to assess the Barangay Justice System in the
Poblacion Area of Cauayan City, Isabela. It aimed to answer the following questions:
1. What are the topologies of disputes filed in the barangay?
2. What is the degree of occurrence of disputes in the barangay?
3. What are the major causes of these disputes and their level of frequency?
4. What strategies are utilized by the Lupong Tagapamayapa in mediating
disputes in the barangay?
5. How effective are the strategies utilized by the Lupon Tagapamayapa in
resolving disputes and averting violence?

4
Objectives of the study
Generally, this study was conducted to assess the Barangay Justice System in
the Poblacion Area of Cauayan City, Isabela, specifically, it aims to:
1. Identify the topologies of disputes filed in the barangay;
2. Identify the degree of occurrence of dispute in the barangay;
3. Identify the major causes of these disputes and their level of frequency;
4. Identify the strategies utilized by the Lupong Tagapamayapa in mediating
disputes in the barangay;
5. Determine how effective are the strategies utilized by the Lupon
Tagapamayapa in resolving disputes and averting violence
Significance of the study
Solving disputes and averting violence is the main function of the Lupong
Tagapamayapa, therefore, the result of this study will be of great help to the following:
For the DILG – Cauayan. The results of this study can be their basis for
conducting trainings and seminars related to resolving disputes filed in the barangay,
focusing on types of disputes, its major causes, and identifying strategies that were
effective in resolving disputes and averting violence.
For the Lupong Tagapamayapa. The result of this study can help the Lupong
Tagapamayapa in the improvement of their mediation processes and lessen the number
of unresolved disputes in the barangay level.

5
For the Future Researcher. This study can be a helpful reference in
conducting related future studies.
Scope and Delimitation of the study
This study was conducted in Poblacion, Cauayan City, Isabela consist of
barangays Alicaocao, Cabaruan, District I, District II, District III, San Fermin,
Tagaran, and Turayong because it has the complete sets of Lupong Tagapamayapa and
is being active in the discharge of their duties and functions.
Definition of Terms
For a clearer understanding of this study, the following terminologies are
operationally and conceptually defined based on its used in this study. It is arranged
alphabetically, to wit:
Lupong Tagapamayapa. This refers to the respondent of this study. They are
persons in authority to mediate or resolved disputes filed in the barangay;
Topology of Disputes. This refers to classification and category of disputes
filed in the barangay;
Mediation. This refers to the process of resolving disputes between parties
involved in community setting mediated by Lupong Tagapamayapa without the
intervention of the legal court;
Strategies. This refers to course of action or intervention utilized by the
Lupong Tagapamayapa in resolving disputes and averting violence;

Thesis - Chapter 1

Uploaded by

Copyright:

Available Formats

Thesis - Chapter 1

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Thesis - Chapter 1

Uploaded by

Copyright:

Available Formats

THE PROBLEM AND ITS BACKGROUND

(Section 384 of R.A. 7160).

after due to traditional and cultural belief of the community as it is a community-based

delivering timely, cost-effective, and high-quality justice through a non-adverse

This local setting of a community-based justice system also exists in western

various regions of Western Countries precisely because of their existing knowledge of

the specific conflicts and their experiences in accommodating dispute resolution in

The Barangay Justice System was first recognized in 1979 as Presidential

The Katarungang Pambarangay is the Barangay Justice System under the

Local Government Code of 1991. It is a form of alternative dispute resolution at the

the Local Government Code for National transformation by Sen. Aquiline Q.

The Local Government of Cauayan City is a component city pursuant to RA

Isabela into a Component City to be known as the City of Cauayan”. It has 65

East Tabacal, and Forest.

The researcher, who is currently employed in the Local Government Unit of

Cauayan City as Secretary of Barangay San Fermin, deemed necessary to conduct a

to help the Lupong Tagapamayapa to a come up with a more systematic dispute

resolution to lessen the number of unresolved cases in the barangay.

Statement of the Problem

1. What are the topologies of disputes filed in the barangay?

2. What is the degree of occurrence of disputes in the barangay?

4. What strategies are utilized by the Lupong Tagapamayapa in mediating

disputes in the barangay?

5. How effective are the strategies utilized by the Lupon Tagapamayapa in

resolving disputes and averting violence?

Objectives of the study

the Poblacion Area of Cauayan City, Isabela, specifically, it aims to:

1. Identify the topologies of disputes filed in the barangay;

2. Identify the degree of occurrence of dispute in the barangay;

4. Identify the strategies utilized by the Lupong Tagapamayapa in mediating

disputes in the barangay;

5. Determine how effective are the strategies utilized by the Lupon

Tagapamayapa in resolving disputes and averting violence

Significance of the study

effective in resolving disputes and averting violence.

of unresolved disputes in the barangay level.

For the Future Researcher. This study can be a helpful reference in

conducting related future studies.

Scope and Delimitation of the study

This study was conducted in Poblacion, Cauayan City, Isabela consist of

is being active in the discharge of their duties and functions.

persons in authority to mediate or resolved disputes filed in the barangay;

Topology of Disputes. This refers to classification and category of disputes

filed in the barangay;

Mediation. This refers to the process of resolving disputes between parties

involved in community setting mediated by Lupong Tagapamayapa without the

intervention of the legal court;

Strategies. This refers to course of action or intervention utilized by the

Lupong Tagapamayapa in resolving disputes and averting violence;

You might also like