FAR EASTERN UNIVERSITY INSTITUTE OF LAW Nicanor Reyes St.

, Sampaloc, Manila

BARANGAY CONCILIATION: OBSERVATIONS

In partial fulfillment of the requirements for the subject Practicum II

Submitted by: Emile Justin Cebrian

Submitted to: Atty. Manuel T. Gatcho

March 7, 2013

BARANGAY OBSERVATION // WEDNESDAY, MARCH 6, 2013

"Can't we all just get along?"

~ US President Michael Dugan, trying to persuade Russian psychic Yuri from embarking on a quest for world domination (Red Alert 2: Yuri's Revenge)

The writer went to Barangay Mariano Espeleta III (incidentally, the writers home barangay) in Bahayang Pag-asa Subdivision, near the border of Bacoor and Imus in Cavite, to observe barangay conciliation proceedings. The pertinent dispute involved the writers aunt, Menita Nuez-de Pedro (hereinafter Menita), and the localitys tricycle drivers.

The background facts underlying their dispute are as follows: a month ago, the barangays tricycle drivers made a makeshift terminal out of the street corner beside the writers house (where Menita has been living for the past two-plus years as caretaker, along with her husband and child)1. Since then, the drivers have been hanging out there every day. Menita found the set-up bearable at first, and was indeed planning to just live with said development, but no sooner than a day after the drivers settled beside the writers home, in the wee hours of the morning, she was woken up by the drivers boisterous racket; this carried on for the subsequent mornings. Menita and her family were made to put up with the drivers constant bickering, out-of-place laughing, and occasional cursing2. To add to her woes, there came a day when she smelt an idiotic stench coming from the terminal it turns out that the drivers put up a small urinal there, and from there on out, not only did she and her family have to try their
1

The writers home is situated on the corner of Kalantiaw and Jacinto Sts.; the tricycle drivers made a terminal out of the Jacinto side. 2 As if mere cursing isnt enough its of the malutong variant, too.

best to string along with the rambunctious rabble every day, they had to endure the smell of piss too. Menita likewise discovered much to her chagrin, of course that the drivers occasionally make the place their drinking spot, with predictable effects on their rowdiness.

Upon confiding the matter to the writers mother, Menita decided to raise her predicament before the barangay, writing a letter for the purpose. After three days, the barangay chairman arranged for conciliation proceedings. Menita was soon fetched by one of the kagawads and was accompanied to the barangay hall, a somewhat impressive two-story building in Inocencio Street. Conciliation was to take place on the buildings second floor.

Present within the premises were Barangay Chairwoman Rizalita Serrano-Sarasua (hereinafter the Kapitana), the barangay secretary, the head of PAGHTODA (Pag-asa Homeowners Tricycle Operators and Drivers Association), and tricycle driver and kagawad Arnold Mendoza (hereinafter Arnold) who represented the drivers subject of Menitas complaint.

The Kapitana began by informing Arnold of Menitas concerns as to their setting up a terminal beside the writers house the noise, the smell, and their apparent disregard for their surroundings cleanliness. Menita stressed that what she wanted was for the tricycle drivers to go away and return to their original terminal near the barangay hall. The Kapitana then mentioned that, having inquired upon the matter with the tricycle drivers, she discovered that the reason why they chose that spot for a terminal in the first place was because many of their passengers wait for them there anyway, and that with the drivers being homeowners as well, the place was closer to their homes than the one near the barangay hall a matter of convenience,

more than anything, as it turned out. Menita countered: Naiintindihan ko naman yun, Kap, pero paano naman kami? Ang convenience namin? Titiisin na lang ba namin ang ingay nila araw-araw? Arnold replied: Maam, hwag na po nating palakihin to, hayaan po ninyot ako na ang bahala sa kanila [the other drivers], promising that he will make sure that his fellow drivers would no longer be screaming all the time, be it in conversation with each other or in courting passengers, and would observe proper hygiene, so as not to prejudice Menita and her family3 any longer something which the other tricycle drivers acceded to. Menita took Arnold and the drivers at their word. Soon after, the conciliation wrapped up. The partied were made to sign a document specifying that the matter has been favorably settled.

The writer observed that the proceedings were pretty straightforward, and the matter was resolved without any hitch. He likewise noticed the Kapitana opted for a compromise between the parties instead of favoring one over the other which, in the writers opinion (notwithstanding the fact that the drivers were really, really rowdy, in all honesty), is the best way to resolve such matters, considering the fact that more often than not, this kind of thing involves people living in the same barangay people who are part of one community, one family, who in the first place should get along and make concessions every now and then so that in the end, everybodys happy a kind of administration of justice that the writer in good conscience prefers over the adversary kind.

and by extension, the writer and his folks, in case of summer visits and whatnot.

ANNEX 1:
A picture taken of Barangay Chairwoman Rizalita Serrano-Sarasua (seated, right) with some of the barangay personnel a couple of hours before the barangay conciliation proceedings.