Dullona, E. M. (2001). Dispute processing under the...
Dullona, E. M. (2001). Dispute processing under the Katarungang Pambarangay
in La Trinidad, Benguet. (Unpublished master’s thesis). Baguio City:
Baguio Colleges Foundation.
Physical location: University of the Cordilleras Library, Baguio City
ABSTRACT
Barangay justice reflects the Filipino Tradition of amicably settling disputes
to preserve peace and harmony in the community. The Katarungang
Pambarangay Law is the manifestation of this aspiration.
The major purpose of this study was to assess dispute processing under
the Katarungang Pambarangay Law in the Municipality of La Trinidad, Province
of Benguet. Specifically, answers to the following problems were sought:
1. What is the level of compliance of the Lupong Tagapamayapa in:
a. Procedures in Amicable Settlements
b. Jurisdiction
2. What is the degree of seriousness of the problems encountered in
dispute processing?
3. What is the success rate in:
a. Decongestion of Court Dockets
b. Settlement of Court Referrals.
The study made use of the descriptive survey method of research with
survey questionnaires as data gathering tools.
The respondents were the 133 Lupon members of the 10 Lupong
Tagapamayapa of La Trinidad, Benguet.
The weighted mean, frequency and percentage rating, and standard
deviation were used in the treatment of data.
Findings
The findings of the study are as follows:
1.a.1. The level of the compliance of the Lupong Tagapamayapa with the
Katarungang Pambarangay Law’s provisions on the procedures of amicable
settlement, specifically, the provision on commencement of the settlement of the
dispute was described as “always comply.”
The level of compliance of the Lupon to all the provisions on the
commencement of the settlement of a dispute were described as “always
comply” except the provision on the payment of filing fees. The level of
compliance of the Lupon to the provisions on the payment of filing fees was
described as “often comply”
1.a.2. The level of the compliance of the Lupong Tagapamayapa with the
Katarungang Pambarangay Law’s provisions on the procedures of amicable
settlement, specifically, the provision on notifying the disputants was described
as “often comply”.
The provision on notifying the disputants generally earned a level of
compliance described as “always and often comply.” However, the provision
involving the filing of a motion at the Municipal Trial Court earned a level of
compliance described as “seldom comply.”
1.a.3. The level of the compliance of the Lupong Tagapamayapa with the
Katarungang Pambarangay Law’s provisions on the procedures of amicable
settlement, specifically, the provision on conciliation proceedings was described
as “often comply.”
The provision on conciliation proceedings generally earned a level of
compliance described as “always and often comply.” However, the provision
initiating a prosecution of perjury against any one of the disputants who
repudiates the agreement earned a level of compliance described as “seldom
comply.”
1.a.4. The level of the compliance of the Lupong Tagapamayapa with the
Katarungang Pambarangay Law’s provisions on the procedures of amicable
settlement, specifically, the provision on arbitration proceedings was described
as “often comply.”
The level of compliance of the Lupon to all the provisions on arbitration
proceedings were described as “often comply” except the provision on the
signing of arbitration awards. The level of compliance of the Lupon to the
provision on the signing of arbitration awards was described as “always comply.”
1.a.5. The level of the compliance of the Lupong Tagapamayapa with the
Katarungang Pambarangay Law’s provisions on the procedures of amicable
settlement, specifically, the provision on the constitution of the Pangkat ng
Tagapagsundo was “often comply.”
The level of compliance of the Lupon to all the provisions on the
constitution of the Pangkat ng Tagapagsundo was described as “often comply.”
1b. The study showed that cases involving Estafa, Theft, Altering Land
Boundaries, Slight Physical Injuries, Robbery and Unjust Vexation were ranked
highly by the Lupon members as cases they have encountered and handled
during their term. However, the study also showed that the Lupon members also
settle private crimes, and cases involving grave thefts, grave physical injuries
attempted/frustrated homicide and murder, homicide, and, reckless imprudence
resulting to grave physical injuries and homicide.
2. The Lupong Tagapamayapa of the La Trinidad, Benguet perceived the
problems that they encountered in dispute processing as “moderately serious”.
The problems encountered in dispute processing generally earned a
degree of seriousness described as “moderately and not serious.” However, the
problem on the lack of financial incentives for Lupon members earned a degree
of seriousness described as “serious.”
3.a. The Lupong Tagapamayapa was 87.98% successful in decongesting
the court dockets by settling 732 cases out of the total 832 cases filed before the
Barangay Court.
3.b. The Lupong Tagapamayapa was 50.57% successful in settling court
referrals by settling 44 cases out of the total 87 cases referred to the Barangay
Court.
Conclusions
1.a. The Lupong Tagapamayapa often complied with the Katarungang
Pambarangay Law’s provisions on the procedures on amicable settlements.
b. The Lupong Tagapamayapa did not comply with the katarungang
Pambaranga Law’s provision on case jurisdiction.
2. The problems encountered by the Lupong Tagapamayapa were
perceived as “moderately serious” to have affected dispute processing in La
Trinidad, Benguet.
3.a. The Lupong Tagapamayapa was successful in decongesting the court
dockets.
b. The Lupong Tagapamayapa was moderately successful in settling
court referrals.
Recommendations
1. For the Department of the Interior and Local Government to propose
amendments to the Katarungang Pambarangay Law regarding a clear
distinction among conciliation, mediation and arbitration; to review the
case jurisdiction of the Lupong Tagapamayapa; and to give additional
means of evaluation to check the proper implementation of the law;
and other kinds of incentives for the Lupon members.
2. For the local government of La Trinidad, Benguet, the Department of
Justice and the Department of the Interior and Local Government to
conduct orientation-workshops on the actual conduct of an amicable
settlement and on case jurisdiction of the Lupong Tagapamayapa.
3. For a study to be conducted to focus on the compliance of the Lupong
Tagapamayapa on Case Jurisdiction in order to validate the findings of
this study, to evaluate the success of the Lupon in settling these cases,
and to propose a listing cases to be included or excluded in the lupons’
case jurisdiction.
4. A replication of the study be undertaken in consideration to various
factors, among others, urban and rural differentials and the quality of
justice
dispensed
by
the
Lupong
tagapamayapa.
in La Trinidad, Benguet. (Unpublished master’s thesis). Baguio City:
Baguio Colleges Foundation.
Physical location: University of the Cordilleras Library, Baguio City
ABSTRACT
Barangay justice reflects the Filipino Tradition of amicably settling disputes
to preserve peace and harmony in the community. The Katarungang
Pambarangay Law is the manifestation of this aspiration.
The major purpose of this study was to assess dispute processing under
the Katarungang Pambarangay Law in the Municipality of La Trinidad, Province
of Benguet. Specifically, answers to the following problems were sought:
1. What is the level of compliance of the Lupong Tagapamayapa in:
a. Procedures in Amicable Settlements
b. Jurisdiction
2. What is the degree of seriousness of the problems encountered in
dispute processing?
3. What is the success rate in:
a. Decongestion of Court Dockets
b. Settlement of Court Referrals.
The study made use of the descriptive survey method of research with
survey questionnaires as data gathering tools.
The respondents were the 133 Lupon members of the 10 Lupong
Tagapamayapa of La Trinidad, Benguet.
The weighted mean, frequency and percentage rating, and standard
deviation were used in the treatment of data.
Findings
The findings of the study are as follows:
1.a.1. The level of the compliance of the Lupong Tagapamayapa with the
Katarungang Pambarangay Law’s provisions on the procedures of amicable
settlement, specifically, the provision on commencement of the settlement of the
dispute was described as “always comply.”
The level of compliance of the Lupon to all the provisions on the
commencement of the settlement of a dispute were described as “always
comply” except the provision on the payment of filing fees. The level of
compliance of the Lupon to the provisions on the payment of filing fees was
described as “often comply”
1.a.2. The level of the compliance of the Lupong Tagapamayapa with the
Katarungang Pambarangay Law’s provisions on the procedures of amicable
settlement, specifically, the provision on notifying the disputants was described
as “often comply”.
The provision on notifying the disputants generally earned a level of
compliance described as “always and often comply.” However, the provision
involving the filing of a motion at the Municipal Trial Court earned a level of
compliance described as “seldom comply.”
1.a.3. The level of the compliance of the Lupong Tagapamayapa with the
Katarungang Pambarangay Law’s provisions on the procedures of amicable
settlement, specifically, the provision on conciliation proceedings was described
as “often comply.”
The provision on conciliation proceedings generally earned a level of
compliance described as “always and often comply.” However, the provision
initiating a prosecution of perjury against any one of the disputants who
repudiates the agreement earned a level of compliance described as “seldom
comply.”
1.a.4. The level of the compliance of the Lupong Tagapamayapa with the
Katarungang Pambarangay Law’s provisions on the procedures of amicable
settlement, specifically, the provision on arbitration proceedings was described
as “often comply.”
The level of compliance of the Lupon to all the provisions on arbitration
proceedings were described as “often comply” except the provision on the
signing of arbitration awards. The level of compliance of the Lupon to the
provision on the signing of arbitration awards was described as “always comply.”
1.a.5. The level of the compliance of the Lupong Tagapamayapa with the
Katarungang Pambarangay Law’s provisions on the procedures of amicable
settlement, specifically, the provision on the constitution of the Pangkat ng
Tagapagsundo was “often comply.”
The level of compliance of the Lupon to all the provisions on the
constitution of the Pangkat ng Tagapagsundo was described as “often comply.”
1b. The study showed that cases involving Estafa, Theft, Altering Land
Boundaries, Slight Physical Injuries, Robbery and Unjust Vexation were ranked
highly by the Lupon members as cases they have encountered and handled
during their term. However, the study also showed that the Lupon members also
settle private crimes, and cases involving grave thefts, grave physical injuries
attempted/frustrated homicide and murder, homicide, and, reckless imprudence
resulting to grave physical injuries and homicide.
2. The Lupong Tagapamayapa of the La Trinidad, Benguet perceived the
problems that they encountered in dispute processing as “moderately serious”.
The problems encountered in dispute processing generally earned a
degree of seriousness described as “moderately and not serious.” However, the
problem on the lack of financial incentives for Lupon members earned a degree
of seriousness described as “serious.”
3.a. The Lupong Tagapamayapa was 87.98% successful in decongesting
the court dockets by settling 732 cases out of the total 832 cases filed before the
Barangay Court.
3.b. The Lupong Tagapamayapa was 50.57% successful in settling court
referrals by settling 44 cases out of the total 87 cases referred to the Barangay
Court.
Conclusions
1.a. The Lupong Tagapamayapa often complied with the Katarungang
Pambarangay Law’s provisions on the procedures on amicable settlements.
b. The Lupong Tagapamayapa did not comply with the katarungang
Pambaranga Law’s provision on case jurisdiction.
2. The problems encountered by the Lupong Tagapamayapa were
perceived as “moderately serious” to have affected dispute processing in La
Trinidad, Benguet.
3.a. The Lupong Tagapamayapa was successful in decongesting the court
dockets.
b. The Lupong Tagapamayapa was moderately successful in settling
court referrals.
Recommendations
1. For the Department of the Interior and Local Government to propose
amendments to the Katarungang Pambarangay Law regarding a clear
distinction among conciliation, mediation and arbitration; to review the
case jurisdiction of the Lupong Tagapamayapa; and to give additional
means of evaluation to check the proper implementation of the law;
and other kinds of incentives for the Lupon members.
2. For the local government of La Trinidad, Benguet, the Department of
Justice and the Department of the Interior and Local Government to
conduct orientation-workshops on the actual conduct of an amicable
settlement and on case jurisdiction of the Lupong Tagapamayapa.
3. For a study to be conducted to focus on the compliance of the Lupong
Tagapamayapa on Case Jurisdiction in order to validate the findings of
this study, to evaluate the success of the Lupon in settling these cases,
and to propose a listing cases to be included or excluded in the lupons’
case jurisdiction.
4. A replication of the study be undertaken in consideration to various
factors, among others, urban and rural differentials and the quality of
justice
dispensed
by
the
Lupong
tagapamayapa.