thesis new feb 1, 2013

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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. The

municipality of Siniloan, Laguna has twenty (20) barangays that implement the

KatarungangPambarangay in their own locality. It is an interesting subject of

study how the KatarungangPambarangay in SIniloan, Laguna is being

implemented by the different barangays.

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 punong barangay, as chairman and ten (10) to twenty (20) members. The lupon shall be constituted every three (3) years in the manner provided herein.”

The functions of the LupongTagapamayapa are provided in Section 402 of

the same act:

“The lupon shall:(a) Exercise administrative supervision over the conciliation panels provided herein;(b) Meet regularly once a month to provide a forum for exchange of ideas among its members and the public on matters relevant to the amicable settlement of disputes, and to enable various conciliation panel members to share with one another their observations and experiences in effecting speedy resolution of disputes; and

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(c) Exercise such other powers and perform such other duties and functions 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 authority of the lupon shall be filed or instituted directly in court or any other government office for adjudication, unless there has been a confrontation between the parties before the lupon chairman or the pangkat, and that no conciliation or settlement has been reached as certified by the lupon secretary or pangkat secretary as attested to by the lupon or pangkat chairman or unless the settlement has been repudiated 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 Municipality of Siniloan, 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 DVImplementation of KatarungangPambarangay

Demographic Profileo Ageo Gendero Educational Attainmento Seminar/Training of KP

Member Attendedo Length of Service

Compliance to procedureso Receiving of Complaintso Issuance of summonso Conciliationo Settlement and Awardso Execution

Level of Performance of KatarungangPambarangay

Effective Settlement of Disputes

Satisfaction of Complainant and Respondents

Indorsement of Unsettled Cases to regular Courts

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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:




5. Is the compliance to procedure of the LupongTagapamayapa has a

significant effect on the performance of the KatarungangPambarangay

as to:




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 of

receiving 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 amicable settlement and arbitration award shall have the force and effect of a final judgment of a court upon the expiration of ten (10) days from the date thereof, unless repudiation of the settlement has been made or a petition to nullify the award has been filed before the proper city or municipal court.”(Section -__, Local Government Code of 1991)”

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.

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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.

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.


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

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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)

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

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+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 of Siniloan.

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 the

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authority of the lupon shall be filed or instituted directly in court or any other government office for adjudication, unless there has been a confrontation between the parties before the lupon chairman or the pangkat, and that no conciliation or settlement has been reached as certified by the lupon secretary or pangkat secretary as attested to by the lupon or pangkat chairman or unless the settlement 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


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.

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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.

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 teacher’s 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

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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 teacher’s 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

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.

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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

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 bachelor’s degree, with

master’s units, with master’s 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

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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.

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_132

5748358.pdf).

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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 effective implementation and administration of the katarungangpambarangay. The Secretary of Justice shall promulgate the rules and regulations necessary 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

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

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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.

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) Children’s Rights

(f) Gender/Women’s Rights

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(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 one’s 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

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 against another individual involving any matter within the authority of the lupon may complain, orally or in writing, to the lupon chairman of the barangay.

(b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon chairman shall within the next working day

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summon the respondent(s), with notice to the complainant(s) for them and their witnesses to appear before him for a mediation of their conflicting interests. If he fails in his mediation effort within fifteen (15) days from the first meeting of the parties before him, he shall forthwith set a date for the constitution of the pangkat in accordance with the provisions of this Chapter.

(c) Suspension of prescriptive period of offenses - While the dispute is under mediation, conciliation, or arbitration, the prescriptive periods for offenses and cause of action under existing laws shall be interrupted upon filing the complaint with the punong barangay. The prescriptive periods shall resume upon receipt by the complainant of the complainant or the certificate of repudiation or of the certification to file action issued by the lupon or pangkat secretary: Provided, however, That such interruption shall not exceed sixty (60) days from the filing of the complaint with the punong barangay.

(d) Issuance of summons; hearing; grounds for disqualification - The pangkat shall convene not later than three (3) days from its constitution, on the day and hour set by the lupon chairman, to hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable settlement. For this purpose, the pangkat may issue summons for the personal appearance of parties and witnesses before it. In the event that a party moves to disqualify any member of the pangkat by reason of relationship, bias, interest, or any other similar grounds discovered after the constitution of the pangkat, the matter shall be resolved by the affirmative vote of the majority of the pangkat whose decision shall be final. Should disqualification be decided upon, the resulting vacancy shall be filled as herein provided for.

(e) Period to arrive at a settlement - The pangkat shall arrive at a settlement or resolution of the dispute within fifteen (15) days from the day it convenes in accordance with this section. This period shall, at the discretion of the pangkat, be extendible for another period which shall 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 barangay shall be brought for amicable settlement before the Lupon of said barangay. Those involving actual residents of different barangays within the same city or municipality shall be brought in the barangay where the respondent or any of the respondents actually resides, at the election of the complaint. All disputes involving real property or any interest therein shall be brought in the barangay where the real properly or the larger portion thereof is situated.

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Those arising at the workplace where the contending parties are employed or at the institution where such parties are enrolled for study, shall be brought in the barangay where such workplace or institution is located.

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)

Alangwai(1996) found out that the lupon member’s 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

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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 his mediation efforts,” the same “Section 410(b) should be construed together with Section 412(a) of the same law (quoted earlier), as well as the circumstances obtaining in and peculiar to the case.” Here, while the Pangkat was not constituted, however, the parties met nine (9) times at the Office of the Barangay Chairman for conciliation wherein not only the issue of water installation was discussed but also petitioners’ violation of the lease contract. It is thus manifest that there was substantial compliance with the law which does 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. -

(a) Who may initiate proceeding - Upon payment of the appropriate filing fee, any individual who has a cause of action against another individual involving any matter within the authority of the lupon may complain, orally or in writing, to the lupon chairman of the barangay.

(b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon chairman shall within the next working day summon the respondent(s), with notice to the complainant(s) for them and their witnesses to appear before him for a mediation of their conflicting interests. If he fails in his mediation effort within fifteen (15) days from the first meeting of the parties before him, he shall forthwith set a date for the constitution of the pangkat in accordance with the provisions of this Chapter.

(c) Suspension of prescriptive period of offenses - While the dispute is under mediation, conciliation, or arbitration, the prescriptive periods for offenses and cause of action under existing laws shall be interrupted upon filing the complaint with the punong barangay. The prescriptive periods shall resume upon receipt by the complainant of the complainant or the certificate of repudiation or of the certification to file action issued by the lupon or pangkat secretary: Provided, however, That such interruption shall not exceed sixty (60) days from the filing of the complaint with the punong barangay.

24

(d) Issuance of summons; hearing; grounds for disqualification - The pangkat shall convene not later than three (3) days from its constitution, on the day and hour set by the lupon chairman, to hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable settlement. For this purpose, the pangkat may issue summons for the personal appearance of parties and witnesses before it. In the event that a party moves to disqualify any member of the pangkat by reason of relationship, bias, interest, or any other similar grounds discovered after the constitution of the pangkat, the matter shall be resolved by the affirmative vote of the majority of the pangkat whose decision shall be final. Should disqualification be decided upon, the resulting vacancy shall be filled as herein provided for.

(e) Period to arrive at a settlement - The pangkat shall arrive at a settlement or resolution of the dispute within fifteen (15) days from the day it convenes in accordance with this section. This period shall, at the discretion of the pangkat, be extendible for another period which shall 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

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 the matter in dispute in an informal but orderly manner, without regard to technical rules of evidence, and as is best calculated to effect a fair settlement of the dispute and bring about a harmonious relationship of the parties.

Proceedings before the Punong Barangay shall be recorded by the Lupon Secretary while those before the Pangkat shall be recorded by the Pangkat Secretary. The record shall note the date and time of hearing, appearance of parties, names of witnesses and substance of their testimonies, objections and resolutions, and such other matters as will be helpful to a full understanding of the case.”

25

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 Siniloan, Laguna.

Documentary analysis will also be used in this study to analyze the reports

of the differentLupongTagapamaya of the KatarungangPambarangays.

26

Population and Sampling

The information will be gathered through surveys and interviews of

Barangay officials, members of the LupongTagapamayapa of different

KatarungangPambarangays of the municipality of Siniloan as well as the clients

of the different KatarungangPambarangays.

The researchers will also look at the reports of the different barangays in

the Municipality of Siniloan as well as the annual and supplemental budget of

each barangays in order to know the budget allocation for each


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.

27

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.

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

28

for each KatarungangPambarangay or KatarungangPambarangay Program will

also be analyzed and evaluated.

The Likert’s Scale model will be used to measure numerically the verbal

response of the respondents:

Numerical Equivalent and Range of Verbal Description or Rating.

Numerical Equivalent and Range

Compliance to procedures

Perception of Clients on Effectiveness

Satisfaction of Clients

5(4.45 – 5.0)

All the Time Very Effective

Very Satisfied

4(3.45 – 4.44)

Most of the Time

Effective Satisfied

3(2.45 – 3.44)

Sometime Moderately Effective

Moderately Satisfied

2(1.45 – 2.44)

Rarely Ineffective Dissatisfied

1(1.0 – 1.44)

Not at all Very Ineffective

Very Dissatisfied

Research Procedure

In order to facilitate data gathering, the researchers will seek the

permission of the Municipal Mayor of Siniloan, Laguna and the Association of

Barangay Council and the different LupongTagapamayapa of Siniloan.

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

29

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

will be used to determine the difference in perception of clients and

KatarungangPambarangay members in regards to their performance.

30

Chapter 4

RESULTS AND DISCUSSION

This Chapter presents the statistical analysis of data gathered with the

corresponding interpretation of results based on the order in the statement of the

problem.

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. It revealed that 39.46 % of members of the

Lupong tagapamayapa are 51-60 Years Old, 32.38 % are 41-50 years old, the

age group of 31-40 years old is 9.10% while those below 30 years old is only

5.6%. This only shows that the Lupong Tagapamaya is dominated by elder

members.

31

39; 46%

32; 38%

9; 11%5; 6%

51- 60 yrs old41- 50 yrs old31- 40 yrs oldbelow 30 year old

Figure 2 . Showing the Pie Graph of the Demographic Profile of the Members of the Lupong Tagapamayapa in terms of Age

Demographic Profile of the Members of the Lupong Tagapamayapa in Terms of Gender


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.

32

39; 36%

69; 64%

Female Male

Figure 3 . Showing the Pie Graph of the Demographic Profile of the Members of the Lupong Tagapamayapa in terms of Gender

Demographic Profile of the Members of the Lupong Tagapamayapa in Terms of Educational Attainment


Tagapamayapa in terms of Educational Attainment. Based on Figure 4, 45.53 %

of the members of the Lupong Tagamapayapa are have reached college but are

undergraduate, 21.25% have finished high school, 11.13 % have finished college

and 8.9% reached and finished elementary level. The data revealed that most

members of the Lupong Tagapamaya have not finished college.

33

8; 9%

21; 25%

45; 53%

11;

13%

ElementarySecondaryUndergraduate Graduate

Figure 4 . Showing the Pie Graph of the Demographic Profile of the Members of the Lupong Tagapamayapa in terms of Educational Attainment

Demographic Profile of the Members of the Lupong Tagapamayapa in Terms of Seminar/Trainings Attended


Tagapamayapa in terms of seminars/Trainings attended. It can be seen from the

figure that 34.40% of the members of the Lupong Tagapamayapa have attended

at least one training or seminar regarding the Katarungang Pambarangay Law,

29.34% have attended two training while only 22.26 % of them have attended

more than two trainings.

34

29; 34%

22; 26%

34; 40%

More than two TrainingsTwo TrainingsOne Training

Figure 5 . Showing the Pie Graph of the Demographic Profile of the Members of the Lupong Tagapamayapa in terms of Seminars/Training Attended

Demographic Profile of the Members of the Lupong Tagapamayapa in Terms of Years in Service

Figure6 presents the Demographic Profile of the Members of the Lupong

Tagapamayapa in terms of Years in Service. Based on the figure 38.45 % of the

members of the Lupong Tagapamayapa have less than 5 years of experience in

serving as member of the Lupon, 32.38% have five (5) to nine (9) years of

experience while only 15.17% have ten years or more experience.

35

15; 18%

32; 38%

38; 45%Ten years to 15 yearsFive years to 9 yearsLess than 5 years

Figure 5 . Showing the Pie Graph of the Demographic Profile of the Members of the Lupong Tagapamayapa in terms of Years

in Service

Level of Compliance to Procedure of the Katarungang Pambarangay in Terms of Receiving Complaints

Table 1 presents the level of Compliance to produce of the Katarungang

Pambarangay in Terms of receiving 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.

36

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 another individual upon payment of appropriate fee.


3. The Lupong Tagapamayapa receives only complaints cognizable by the Lupon based on RA 7160.


4. The Lupong Tagamapayapa sees to it that the complaint is within its area of jurisdiction.


5. The Lupong Tagapmayapa sees to it that the complaint is covered by the KP Law.


Ave. mean = 4.22 SD= .15 Most of the time

Level of Compliance to produce of the Katarungang Pambarangay in Terms of Issuance of Summons


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

37

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.


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. 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.


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..


Ave. Mean = 4.22 SD = .14 Most of the Time

Level of Compliance to procedure of the Katarungang Pambarangay in Terms 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

38

Terms of Conciliation

Concillation x SD Remarks

1. The Lupon Chairman exerts all effort to conciliate the opposing parties.


2. The Lupon Chairman constitutes the Pangkat ng Tagapagkasundo 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. 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.


5. All proceedings for settlement are open to the public and informal


Ave. mean = 4.16 SD= .33 Most of the Time

Level of Compliance to produce of the Katarungang Pambarangay in Terms of Settlement and Awards


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

39

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.


2. The settlement and awards are written in language known to both parties.


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.


5. The amicable settlement and arbitration award have the force and effect of a final judgment of a court upon the expiration of ten (10) days from the date thereof


Ave. Mean = 4.34 SD= . 40 Most of the Time

Level of Compliance to produce of the Katarungang Pambarangay in Terms of 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

40

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.


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.


3. The Barangay Chairman ascertains the facts for non-compliance of settlement and strongly encourages the party obliged to comply with the settlement.


4. The Barangay Chairman issues Notice of Execution after the lapse of five (5) days with no voluntary compliance.


5. After the lapse of such time, the settlement may be enforced by action in the appropriate city or municipal court.


Ave. Mean = 4.30 SD= .08 Most of the Time

Level of Performance Katarungang Pambarangay in Terms of Effective Settlement of Disputes


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

41

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. The Pangkat ng Tagapagkasundo effective in conciliating the issues whenever the Lupong Chairman fails in his mediation efforts.


4. The Katarungang Pambarangay is effective in executing its settlement or arbitration award within six months.


5. The Katarungang Pambarangay is an effective way of settling disputes involving cases under it coverage.


Ave. Mean = 4.09 SD= .04 Moderately Effective

Level of Performance Katarungang Pambarangay in Terms of Satisfaction 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.


42

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.


3. The Level of satisfaction in the conduct of conciliation by the Lupon Chairman and the Pangkat ng Tagapagkasundo


4. The Level of satisfaction in the settlement and award in a dispute filed in the Katarungang Pambarangay.


5. The level of satisfaction in the execution of the settlement or arbitration awards by the Katarungang Pambarangay.


Ave. Mean = 4.15 SD= .10 Moderately Effective

Level of Satisfaction of Katarungang Pambarangay on the Endorsement of Unsettled 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.

43

341; 50%307; 45%

34; 5%

No. of Cases FiledResolved/SettledEndorsed to Court

Figure 6. Level of Satisfaction of Katarungang Pambarangay on the Endorsement of Unsettled Cases to regular Courts

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. The table below shows there is a

significant effect on the implementation of Katarungang Pambarangay in terms of

age on the effective settlement of disputes and indorsement of unsettled cases to

44

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

on the performance of katarungang pambarangay.

Table 8. Significant Effect of Implementation of Katarungang Pambarangay in Terms of Demographic Profile on the Performance of the Members of the Lupong Tagapamayapa.

Computed t- value

P- valuep<.05

DF Interpretation

1. Effective Settlement of Dispute

1.32-38.53-12.88-12.89-23.12

0.1890.000.000.000.000

163

Not SignficantSignificantSignificantSignificantSignificant


0.69-40.25-13.67-13.44-24.07

.490

.000

.000

.000

.000163

Not SignificantSignficantSignificantSignificantSignificant

Indorsement of Unsettle Cases to courts

3.54-2.370.57-.38-1.30

.0240.077.600.724.264

163

SignificantNot SignificantNot SignificantNot SignificantNot Significant

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. The table shows that compliance to procedure in terms of

receiving of complaints, issuance of summons and

mediation.conciliation/arbitration have no significant effect on the performance of

45

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.

It also disclose that settlement /awards has significant effect on the

performance of katarungang pambarangay in terms of satisfaction of clients while


mediation.conciliation/arbitration, and execution have no significant effect.

The table further disclose that all the variables namely, 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.

Table 9. Significant Effect of Compliance to the Procedure of the Lupong Tagapamayapa on thePerformance of the Members Katarungang Pambarangay

Computed t- value

P- valuep<.05

DF Interpretation

1. Effective Settlement of Dispute

1.561.580.833.382.81

0.1210.1160.408.001.006

163

Not SignificantNot SignificantNot SignificantSignificantSignificant


0.710.75.0.002.471.92

0.4780.453.996.015.057

163

Not SignificantNot SignificantNot SignificantSignificantNot Significant

Indorsement of Unsettle Cases to courts

3.543.553.423.793.72

.024

.024

.027

.0190.021

163

SignificantSignificantSignificantSignificantSignificant

46

Chapter 5

SUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATIONS

Demographic Profile of the Members of the Lupong Tagapamaya in Term of Age.

About 39.46 % of members of the Lupong tagapamayapa are 51-60 Years

Old, 32.38 % are 41-50 years old,the age group of 31-40 years old is 9.10%

while those below 30 years old is 5.6%.

47

Demographic Profile of the Members of the Lupong Tagapamaya in Term of Gender

More than 2/3 or 69.64 % of the members of the Lupong Tagamapaya are

male, while 39.36% are female.

Demographic Profile of the Members of the Lupong Tagapamaya in Term of Educational Attainment

45.53 % of the members of the L:upong Tagamapayapa are college

graduate, 21.25% are undergraduate, 11.13 % have reached highschool and

8.9% reached elementary level.

Demographic Profile of the Members of the Lupong Tagapamaya in Term of Seminars / Trainings Attended

About 34.40% of the members of the Lupong Tagapamauyapa have

attended at least one training or seminar regarding the Katarungang

Pambarangay Law, 29.34% have attended two training while only 22.26 % of

them have attended more than two trainings.

Demographic Profile of the Members of the Lupong Tagapamaya in Term of Years in Service

There are 38.45 % of the members of the Lupong Tagapamayap have

less than 5 years of experience in serving as member of the Lupon, 32.38% have

five (5) to nine (9) years of experience while only 15.17% have ten years or more

experience.

48

Table 1 that the Lupong Tagapamayapa complied with procedure in terms of

Receiving of Complaints Most of the Time as question numbers 1 to 5 received a

remarks of Most of the Time.


Pambarangay in Terms of issuance of summons. It discloses that most of the

time the Lupong Tagapamayapa complied to procedure in issuance of summons

and all the questions received a remark of Most of the Time.


Pambarangay in Terms of conciliation. The table presents that all questions

regarding compliance to procedure in terms of conciliation received a remark of

Most of the time.


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.

Table5 presents the level of Compliance to produce of the Katarungang

Pambarangay in Terms of execution. It shows that most of the time the

49

Katarungang Pambarangay complied with the procedure in terms of execution of

the awards or settlement.


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.

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 in all the aspects asked in the questionnaire.

Table 8 Significant Effect of Implementation of Katarungang Pambarangay in

Terms of Demographic Profile on the Performance of the Members of the Lupong

Tagapamayapa. The table below shows there is a significant effect on the

implementation of Katarungang Pambarangay in terms of age on the 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

50

attainment seminar/training attended and years in service have significant effect

on the performance of katarungang pambarangay.

Table 9 shows the Significant Effect of Compliance to the Procedure of

the Lupong Tagapamayapa on the Performance of the Members Katarungang

Pambarangay. The table revealed that compliance to procedure in terms of


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.

It also disclose that settlement /awards has significant effect on the

performance of katarungang pambarangay in terms of satisfaction of clients while


mediation.conciliation/arbitration, and execution have no significant effect.

The table further discloses that all the variables namely, 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.

51

Conclusions

The findings of the study yielded the following conclusions:

The Katarungang Pambarangay complied to the procedure most of the time.

The Katarungang Pambarangay is moderately effective in settling disputes.

The complainants and respondents are moderately satisfied on the performance of the Katarungang Pambarangay.

Recommendations

The findings and conclusions of the study resulted to the following recommendations

Since the Katarungang Pambarangay complied to the procedures

thesis new feb 1, 2013

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