THE PROBLEM AND ITS BACKGROUND

Introduction

Barangay, as the basic political unit, serves as the primary planning and

implementing unit of the government policies, plans, programs, projects and activities

in the community, and as a forum wherein the collective views of the people may be

expressed, crystallized and considered, and where disputes may be amicably settled

(Section 384 of R.A. 7160).

As one of the basic services, the Barangay Justice System is commonly sought

after due to traditional and cultural belief of the community as it is a community-based

approach for resolving disputes between the members of the community. It exists to

assist the grassroots communities not only in the mediation process, but also in

delivering timely, cost-effective, and high-quality justice through a non-adverse

process.

This local setting of a community-based justice system also exists in western

countries like the United States of America, wherein every state follows a different

kind of mediation process or belief system. Elder Mediators have been chosen in

various regions of Western Countries precisely because of their existing knowledge of

the specific conflicts and their experiences in accommodating dispute resolution in

their community, so that a group or tribe can all benefit. The term is called western

“collectivism” wherein the conflict will not only have an effect in the parties involved

but the whole tribe or group or community in which they are involved. The mediators

also use “group pressure” just like as the mediator’s respectable position to convince
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the parties involved to settle the case and restore harmony to the larger group

(Gonzales, 2022).

The Barangay Justice System was first recognized in 1979 as Presidential

Decree No. 1508 also known as The Katarungang Pambarangay Law but later

amended by R.A. 7160 also known as the Local Government Code of 1991.

R.A. 7160 provides detailed rules and regulation, as well as the establishment

of the Lupong Tagapamayapa as the authorized officers to settle the disputes within

the legal jurisdiction of the barangay concerned, providing specific duties and

functions for the Lupon Chairman, Lupon Secretary and the Lupon Members and also

providing information on the rules and procedure of filing and settling cases in the

barangay.

The Katarungang Pambarangay is the Barangay Justice System under the

Local Government Code of 1991. It is a form of alternative dispute resolution at the

community level to allow amicable settlement of disputes among family and barangay

members without resorting to the courts. This system helps relieve the courts of docket

congestion and enhances the quality of justice dispense by courts. (The Barangay and

the Local Government Code for National transformation by Sen. Aquiline Q.

Pimentel, Jr.)

The Local Government of Cauayan City is a component city pursuant to RA

9017 also known as “An Act Converting the Municipality of Cauayan, Province of

Isabela into a Component City to be known as the City of Cauayan”. It has 65

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barangays categorized into five 5 regions, namely: Poblacion, West Tabacal, Tanap,

East Tabacal, and Forest.

The researcher, who is currently employed in the Local Government Unit of

Cauayan City as Secretary of Barangay San Fermin, deemed necessary to conduct a

study related to disputes that were mediated in the barangay. The researcher also

aimed to understand the reasons for occurrence of these disputes in the first place and

what causes people to go to such extent of filing cases instead of resolving their

conflict among themselves. Further, the researcher deemed necessary to identify the

best strategy that can be utilized in resolving disputes and use the result of this study

to help the Lupong Tagapamayapa to a come up with a more systematic dispute

resolution to lessen the number of unresolved cases in the barangay.

Statement of the Problem

This study was conducted to assess the Barangay Justice System in the

Poblacion Area of Cauayan City, Isabela. It aimed to answer the following questions:

1. What are the topologies of disputes filed in the barangay?

2. What is the degree of occurrence of disputes in the barangay?

3. What are the major causes of these disputes and their level of frequency?

4. What strategies are utilized by the Lupong Tagapamayapa in mediating

disputes in the barangay?

5. How effective are the strategies utilized by the Lupon Tagapamayapa in

resolving disputes and averting violence?

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Objectives of the study

Generally, this study was conducted to assess the Barangay Justice System in

the Poblacion Area of Cauayan City, Isabela, specifically, it aims to:

1. Identify the topologies of disputes filed in the barangay;

2. Identify the degree of occurrence of dispute in the barangay;

3. Identify the major causes of these disputes and their level of frequency;

4. Identify the strategies utilized by the Lupong Tagapamayapa in mediating

disputes in the barangay;

5. Determine how effective are the strategies utilized by the Lupon

Tagapamayapa in resolving disputes and averting violence

Significance of the study

Solving disputes and averting violence is the main function of the Lupong

Tagapamayapa, therefore, the result of this study will be of great help to the following:

For the DILG – Cauayan. The results of this study can be their basis for

conducting trainings and seminars related to resolving disputes filed in the barangay,

focusing on types of disputes, its major causes, and identifying strategies that were

effective in resolving disputes and averting violence.

For the Lupong Tagapamayapa. The result of this study can help the Lupong

Tagapamayapa in the improvement of their mediation processes and lessen the number

of unresolved disputes in the barangay level.

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For the Future Researcher. This study can be a helpful reference in

conducting related future studies.

Scope and Delimitation of the study

This study was conducted in Poblacion, Cauayan City, Isabela consist of

barangays Alicaocao, Cabaruan, District I, District II, District III, San Fermin,

Tagaran, and Turayong because it has the complete sets of Lupong Tagapamayapa and

is being active in the discharge of their duties and functions.

Definition of Terms
For a clearer understanding of this study, the following terminologies are

operationally and conceptually defined based on its used in this study. It is arranged

alphabetically, to wit:

Lupong Tagapamayapa. This refers to the respondent of this study. They are

persons in authority to mediate or resolved disputes filed in the barangay;

Topology of Disputes. This refers to classification and category of disputes

filed in the barangay;

Mediation. This refers to the process of resolving disputes between parties

involved in community setting mediated by Lupong Tagapamayapa without the

intervention of the legal court;

Strategies. This refers to course of action or intervention utilized by the

Lupong Tagapamayapa in resolving disputes and averting violence;