MODULE 6

THE COMMUNITY COMPONENT

Pre- module questions:

1. What is the role of barangay in the community?

2. What is the importance of the family in the reintegration of a reformed and
rehabilitated offender?

THE COMMUNITY COMPONENT

The community as a component is very indispensable in the system because

citizen’s assistance in the criminal justice system helps handle the complicated task of
preventing and controlling crime. There is a need for more balanced allocation of
peacekeeping duties between the criminal justice system and the prevention
responsibilities.

The category of the crime prevention activities includes those that appear to
have the greatest potential for reducing crime and improving the quality of life. These
are the following:

1. Reinforcing and strengthening the home and the family through programs
formulated by the government such as the Department of Education (DepEd),
Department of Social Welfare and Development (DSWD), and the concerned
Local Government Units (LGU’s).
2. Provisions for health-care programs and multimodality drug treatment system in
the areas where there is a pronounced drug abuse problem by the Department
of Health and Private Drug Rehabilitation Centers.
3. A prevention-recreation program that is integrated into the total unified
delinquency prevention efforts.
4. Involvement of the mass media similar to the organized Stop Crime Program.

The success of the Criminal Justice System, specifically the community component,
is based on the role performance of the following:

1. The Family
2. The Barangay
3. The Schools
4. The Government
5. The Private Sectors (NGO’s)
6. The church
7. The Mass Media

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The Role of the Family

A family is the basic social institution. The first teacher of a child is his/ her parents
or guardians. The parents or guardians, therefore, must serve as good models to the
child and must avoid any activities that child may mistakenly think are rights.

If one of the family members becomes a criminal, the family must be open
minded in accepting this member. No one will accept an ex-convict if his own family
refuses him.

The Role of the Barangay

The barangay must likewise exercise its lawful functions in monitoring all the
residents within its jurisdiction, especially those who are engaged in criminal activities.
Close coordination with the police department within their locality must be established
for the purposes of crime prevention and even criminal detection and apprehension.

The Role of the Schools

Teachers are considered as the second parents of the students. They must
incorporate in their teaching the importance of law obedience and the implication or
consequences of violating the law.

Teachers must inculcate likewise the young minds of their students that everyone
in this world deserves a second chance. This includes giving convicted criminals who
are already reformed and rehabilitated the chance to become a productive part of
the society again. It is necessary for teachers not to create false knowledge about
convicted persons to make students believe that these people have no place in the
community.

The Role of the Government

Government officials must provide opportunities for reformed and rehabilitated

offenders. Without these opportunities, it is difficult to have an assurance that these
persons will remain to act as rehabilitated and reformed offenders. The government
must provide livelihood programs to avoid repetition of crime for those who engaged in
crime because of poverty.

The Role of the Private Sectors

The private sector is important in our community since it provides jobs to people.
Private companies and businesses must not hesitate to employ reformed and
rehabilitated offenders especially if they are qualified.

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The Role of the Church

It cannot be denied that faith is a very important aspect to a person’s life.

Regardless of sect affiliation, people believe that there is a God and be likewise be
afraid to commit any crime. Having a strong faith with God will likewise help those
convicted persons to be righteous again.

The Role of the Mass Media

Mass media nowadays is very powerful. Though its variety of modes (print, radio,
TV, the web, etc.), it possesses the power of information and communication with
people. Hence, they may use this power by providing information to the public about
the disadvantages of commission of crimes. In emphasizing these advantages, people
would fear to commit any crime. In the same manner, mass media may provide
information about the role of the community as a pillar of the Criminal Justice System.

The Katarungang Pambarangay

The Katarungang Pambarangay or Barangay Justice System is a community-

based dispute settlement mechanism that is administered by the basic political unit of
the country, the barangay. It covers disputes between the members of the same
community and involves the Punong Barangay or Barangay Chairman and other
members of the communities which are Lupon members as intermediaries (mediators,
conciliators, and arbitrators). It was established by the mandate of Republic Act No.
7160 or the Local Government Code of 1991. But before this law, the Barangay Justice
System was also covered in Presidential Decree 1508 in 1978 and Batas Pambansa Blg.
337 or the Local Government Code of 1983. Cases covered under the Katarungang
Pambarangay are all disputes, civil and criminal in nature between parties actually
residing in the same city or municipality that is subject to amicable settlement.

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. (R.A. 7160, Sec. 412 (a))

Note: cases of under KP, assignment.

Lupon Tagapamayapa

The Lupon Tagapamayapa is the Peace-making Council in the barangay. It is

created in each barangay and is composed of: (a) the Punong Barangay as chairman,
and not less than ten (10) but not more than twenty (20) members appointed by the

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Punong Barangay. The secretary of the Lupon is also of the concurrent secretary of the
Barangay. The qualifications to be appointed as Lupon are any person residing or
working in the barangay; of legal age; with the following qualities: integrity, impartiality,
independence, fairness, reputation for probity, patience, resourcefulness, open-
mindedness, and flexibility.

The functions of the Lupon are:

(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

(c) Exercise such other powers and perform such other duties and functions as may
be prescribed by law or ordinance.

Amicable Settlement

The Lupon of each Barangay shall have authority to bring together the parties
actually residing in the same city or municipality for amicable settlement of all disputes
except:

i. Where one party is the government, or any subdivision or instrumentality thereof;

ii. Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;

iii. Offenses punishable by imprisonment exceeding one (1) year or a fine

exceeding Five thousand pesos (Php5,000.00);

iv. Offenses where there is no private offended party;

v. Where the dispute involves real properties located in different cities or

municipalities unless the parties thereto agree to submit their differences to amicable
settlement by an appropriate lupon;

vi. Disputes involving parties who actually reside in Barangays of different cities or
municipalities, except where such Barangay units adjoin each other, and the parties
thereto agree to submit their differences to amicable settlement by an appropriate
lupon;

vii. Such other classes of disputes which the President may determine in the interest
of justice or upon the recommendation of the secretary of justice.

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 The court in which non-criminal cases not falling within the authority of the lupon
under this Code are filed may, at any time before trial, motu proprio refer the case to
the lupon concerned for amicable settlement. (RA 7160, Sec. 408_

The venue of the settlement shall be based on the following:

(a) Disputes between persons actually residing in the same Barangay shall be
brought for amicable settlement before the lupon of said Barangay.

(b) 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 complainant.

(c) All disputes involving real property, or any interest therein shall be brought in the
Barangay where the real property or the larger portion thereof is situated.

(d) 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.

Objections to venue shall be raised in the mediation proceeding before the

Punong Barangay; otherwise, the same shall be deemed waived. Any legal question
which may confront the Punong Barangay in resolving objections to venue herein
referred to may be submitted to the secretary of Justice, or his duly designated
representative, whose ruling thereon shall be binding. (RA 7160, Sec. 409_

Mediation

This process of amicable settlement where the complainant and the person
complained of with the presence of Lupon Chairman shall mediate for the conflicting
interest between the complainant and the person complained of. If the Lupon
Chairman fails in his mediation effort within fifteen (15) days from the first meeting of the
parties before him, he shall set a date for the constitution of the pangkat.

Conciliation

This process of amicable settlement where the Pangkat Tagapagkasundo hears

and assists the dispute filed before the Lupon in which the Lupon Chairman failed to
mediate.

Pangkat Tagapagkasundo

It is the conciliation panel that hears each dispute brought before the Lupon. The
pangkat is composed of three (3) members chosen by the disputing parties from the list
of members of Lupon. If the parties fail to choose and agree on the members of the
Pangkat, the Punong Barangay shall determine it by draw lots. The pangkat Chairman

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and Pangkat Secretary shall be elected among the three (3) members of Pangkat
Tagapagkasundo. The secretary shall prepare the records of the pangkat proceedings
and submit a copy duly attested to by the Lupon Chairman to the Lupon Secretary and
to the proper city or municipal court. He shall issue and cause to be served notices to
the parties concerned.

The pangkat shall meet both the parties 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 within
15 days which can be extended for another 15 days in a meritorious case and issue
subpoena of witnesses whenever necessary.

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 of the complaint with the Punong Barangay. The prescriptive periods shall resume
upon receipt by the complainant of the complaint 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. (R.A. 7160, Sec. 410 (c))

Certificate to File Action

It is the document issued by the Lupon Secretary or the Pangkat Secretary and
attested by the Punong Barangay or Pangkat Chairman. It is issued when: There was no
settlement agreed upon between disputing parties; when there is such a settlement but
later repudiated by the complainant because his consent to the agreement was
obtained through fraud, violence, or intimidation; and or when the respondent failed to
appear or refused to attend a hearing without a valid reason. The issuance of a
Certificate to File Action is ministerial duty.

Arbitration

Arbitration is the process of amicable settlement wherein an arbitrator is

appointed according to the agreement of the parties. This process comes in any stage
of the proceedings with the written agreement of both parties to abide by the
arbitration award (decision) of the Lupon or Pangkat. The parties are given five (5) days
to withdraw from the arbitration agreement. The arbitrator could be the Lupon
Chairman or the Pangkat. They are given power to decide and render decisions on the
dispute or issue with the previous agreement of the parties. The parties then present
evidence as to the facts and the merits of the case to the arbitrator. The arbitrator
decides based on the evidence presented and on what the arbitrator believes to be
just and fair. The arbitrator must be neutral and impartial in deciding which is also

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suitable to the disputing parties. The arbitration award shall be made after the lapse of
the period and within ten (10) days thereafter.

The nature of the Katarungang Pambarangay proceeding is summary and

informal, however, the Lupon Chairman or the Pangkat Chairman, depending on the
case, may on its own motion or upon request, exclude the public from the proceedings
in the interest of privacy, decency, or public morals.

Juvenile Justice System

Juvenile Justice System is a system dealing with children at risk and children in
conflict with the law, which provides child-appropriate proceedings, including
programs and services for prevention, diversion, rehabilitation, re-integration, and
aftercare to ensure their normal growth and development. This is by virtue of Republic
Act No. 9344 as amended by Republic Act No. 10630.

Juvenile Justice and Welfare Council (JJWC)

A Juvenile Justice and Welfare Council (JJWC) is hereby created and attached
to the Department of Social Welfare and Development and placed under its
administrative supervision. The JJWC shall be chaired by an Undersecretary of the
Department of Social Welfare and Development.

Post-module Questions

1. Explain why community is considered as the core of the Philippine Criminal

Justice System.

Reference:

Abalde F. I and Cano G. J. Introduction to Philippine Criminal justice System. Rex

Bookstore, Inc. Philippine. 2019.

Guerrero B. B. Philippine Criminal Justice System with Katarungan Pambarangay. KATHA

Publishing Co., Inc. Philippine. 2013.

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