Barangay Justice System
Barangay Justice System
Barangay Justice System
JUSTICE
SYSTEM
Question to Ponder
•During a town fiesta in Placer,
Hortilano and Pepito were
having a romantic moment
dating at the park. While
walking together they meet the
Ex-BF of Pepito in the person of
Serafin who is still so in love
with her, upon
Question to Ponder
chance of crossing their way,
Serafin kiss and smashed the
neck of Pepito and utter words
that he still love her. Out of shame
in the crowd, Pepito file a case of
Unjust Vexation against Serafin.
In the course of time, the court
dismissed the case. WHY?
What is Barangay
Justice System?
•Barangay Justice System
– is a system created by
the government in order to
solve disputes within the
Barangay level before
going into court.
Amicable Settlement
•Is an agreement reached
during mediation and
conciliation proceedings.
•Amicable settlement –
“inamigo nga husay o
panag-areglo”
Example of
Amicable
Settlement
Problem faced by the
Justice System
1.High levels of crime and violence
2.The need to respond to new
forms of criminality
3.Overburdened with heavy
caseloads
4.Insufficient financial and human
resources
Objectives of Brgy.
Justice System
•To minimize the
indiscriminate filing of cases
in courts.
•To minimize the congestion of
court dockets and thereby
enhance the quality of justice
dispensed by the courts.
Objectives of Brgy.
Justice System
•Complainant: dismissal of
Complaint, barred from
filing case in court.
Consequences of
Failure to Appear
•Respondent: dismissal of
Counterclaim, barred from
filing case in court.
Mediation
•It is a process wherein the
Lupon Chairperson assists
the disputing parties to
reach settlement by
consensus that jointly
satisfied their needs.
Conciliation
•It is a process wherein the
Pangkat forgoes the power to
decide or recommend but
assist the parties to isolate
issues and option to reach a
settlement by consensus that
jointly satisfied their needs.
Arbitration
•It is a process wherein the
third party from outside
the judicial system is
chosen by parties to hear
and decide their dispute.
Arbitration
•In arbitration, the Lupon
Chairman or Pangkat
Chairman is given the power
to render decisions on the
dispute with a prior
agreement of the parties to
be bound by it.
Arbitration
•The parties may agree in
writing that they shall abide
by the arbitration award of
the Lupon or Pangkat.
Arbitral Award
•After that, Secretary shall
furnish a copy of the
Arbitration Award to the
parties within five (5)
days.
Arbitral Award
•The Lupon Chairman is given
fifteen (15) days but not
earlier than six (6) days from
the date of the last hearing
to evaluate the case and
issue the arbitration award.
Written Settlement
Agreement
•The written agreement has the
force and effect of a final
judgment of a court after ten
(10) days from the date of the
amicable settlement was made,
unless protest or repudiation of
settlement is made.
Repudiation of
Settlement Agreement
•Any party can protest the
settlement within ten
(10) days.
•After the lapse of that
period, the settlement will
take effect.
What if there was
no settlement
between the
parties, despite all
efforts to
conciliate?
Certificate to File Action
•A certificate to File Action
shall be filled up, attesting
that no conciliation or
settlement has been reached
as certified by the Pangkat
Secretary and signed by the
Pangkat Chairman.
It shall be
submitted to the
corresponding
court or
government
office for the
filing of the
appropriate
case.
Certificate to File Action
•It shall be submitted to
the corresponding court or
government office for the
filing of the appropriate
case.
Procedure for
Amicable
Settlement
is filed with records the
Brgy. Captain complaint and
orally or in assigns it a
writing. docket
3. Brgy. Captain
number.
issues summons for
parties to appear
before him.
4. Brgy. 5. If
Captain settlement
conciliates is reached,
the parties or case is
arbitrates the considered
case.
conciliation 7. Pangkat
fails, Brgy. conciliates the
Captain parties or
arbitrates the case.
creates a 8. If
Pangkat. agreement is
reached or
arbitration
award is
made, case is
closed.
9. If arbitration fails, 10. Case will
the Brgy. Captain
issue a certificate
be taken to
to file action. court.
Take Note!
•Lawyers are not allowed to
appear in barangay hearings.
•Despite the use of the term
“justice”, there really is no
such thing as a barangay
court.
Take Note!
•The barangay officials who
compose the Lupong
Tagapamayapa or the
Pangkat ng Tagapagkasundo
are not judges.
Take Note!
•The only instance that the
Lupon or Pangkat acts like a
court (weighing evidence,
hearing testimonies, deciding
on the merits, etc.) is when
the parties in dispute agree
to arbitration.
END!