KATARUNGANG PAMBARANGAY LAW (Sections 399 – 422 of the Local Government Code) & Restorative

Justice

 PD 1508 – An Act Establishing a System Amicably Settling Disputes at the Barangay Level
 RA 7160 – the 1991 Local Government Code
 Gives brgy. The mandate to enforce peace and order
 Katarungang Pambarangay or Barangay Justice System – alternative venue for the resolution
of disputes.
 KATARUNGANG PAMBARANGAY
 A system of justice administered at the barangay for the purpose of amicable settling
disputes through mediation, conciliation or arbitration among the family or barangay
without resorting to the courts.
 Barangay – basic political unit of the country
 Punong Barangay & Lupon Members/community conciliators (intermediaries: mediators,
conciliators, and arbitrators)
 NOTE: BJS – main strategy for settling disputes – search for a solution that is mutually
acceptable
 Primary Role of BJS – not to decide disputes and impose a solution instead to assist the
parties in discussing amicable settlement of their disputes
 Punong Brgy. & Lupon Members – does not act as judges or adjudicators but as facilitators
for disputing parties.
 Disputes involving non-natural persons like corporations are not subject to the conciliation
proceedings of the BJS.
Corporation – an artificial being created by operation of law, having the right of succession
and the powers, attributes and properties expressly authorized by law or incidental to its
existence. Automatically you will file a case at court RTC/MTC
 What is Barangay?
 Basic political unit, serves as the primary planning and implementing unit of 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.
 The Barangay Chief Officials and Offices – elected officials- run for that position
1. Punong Barangay
2. 7 Sanguniang Barangay Members
3. Sanguniang Kabataan Chairman
4. Barangay Secretary - appointed
5. Barangay Treasurer - appointed
6. Lupong Tagapamayapa – in charge in handling cases in your sanguniang brgy.
 They are all deemed persons in authority
 Agents of persons in authority – brgy. Members who come to the aid of PiA,
such as Brgy. Tanod, midwife.
 Punong Barangay – Barangay Captain, Barangay Chairman, Lupon Chairman
 Electing or Appointing Barangay Officials
 A
 Sec 8, Art X of the Philippine Constitution – term of office of elective officials: 3
years and No official shall serve for more than 3 consecutive terms.
 Par c, Sec 1 of RA 8524 – Term of office of Brgy Chairmen & Sanguniang Brgy.
Members: 5 years
 B
 Brgy Secretary & Treasurer: appointed by Punong Brgy.
 Their appointment – not be subject – attestation by CSC
 Barangay Secretary of Lupon
 Duties
 Record the results of the mediation proceedings
  Receive and keep the records of proceedings
 Issue certified true copies of any public record
 Concurrently – at the same time (Aquino,2005)
 Lupong Tagapamayapa
 A body organized in every Brgy.
 Composed of Punong Brgy (chairperson); and
 not <10 and >20 from which members of every pangkat.
1. Authority to constitute the Lupon
 Punong Brgy can appoint Lupon members w/out the need for approval, confirmation of the
Sanguniang Brgy.
2. 6 Steps to Constitute a Lupon
 Step 1: Determining the actual member of the Lupon
 Step 2: Preparing a notice to constitute the Lupon
 Step 3: Posting a notice to constitute the Lupon
 Step 4: Appointment of Lupon Members
 Step 5: Oath taking of Lupon Members
 Step 6: Posting
3. When and How the PB constitute the Lupon?
 15 days from the start of BC’ term
4. Members of Lupon
 A minimum of 10 and a maximum of 20 members
5. Qualification and Disqualification of Lupon Members
 Qualifications
1. Residing or working in the Brgy.
2. Of legal age
3. Not expressly disqualified by law
4. Sec 399, Local Government Code – Possessing 1. Integrity, 2. Impartiality, 3.
Independence of mind, 4. Sense of fairness, 5. Reputation for probity
 Disqualifications
1. Below 18
2. Incompetent
3. Convicted of a crime
4. Elected Gov officials
5. Member of armed forces and active in service
6. After identifying members of Lupon
 Brgy. Sec shall prepare a notice to constitute Lupon using KP form 1

Note:

 Notice shall be posted in 3 conspicuous places; invitation to all brgy. Members

 10 days completion of posting requirements; Chairman shall appoint LM using KP Form 2
 Appointments shall be in writing signed by Bygy Chairman, attested by Brgy. Secretary
 Lupon members serve for 3 years
 Newly appointed LM shall take their Oath using KP Form 5
 List of appointed LM shall be posted in 3 visible places in Brgy.

All disputes are subject to barangay conciliation and prior recourse

a. Party is the government

b. Party is a public officer or employee
c. Dispute involves real properties located in different cities and municipalities
d. Any complaint by or against corporations, partnerships or judicial entities
e. Disputes involving parties who actually reside in barangay of different cities or municipalities
f. Maximum penalty of imprisonment exceeding 1 year or a fine of over 5k
 g. Disputes where urgent legal action is necessary to prevent injustice from being committed
h. Any class of disputes which the president may determine in the interest of justice or upon the
recommendation of the secretary of justice
i. Dispute arises from the Comprehensive Agrarian Reform Law
j. Labor disputes or controversies arising from employer-employee relations
k. Actions to annul judgement upon a compromise which may be filed directly in court

TAKE NOTE:

1. ADJUDICATION
2. AMICABLE SETTLEMENT
3. ARBITRATION
4. ARBITRATION AWARD
5. ATTACHMENT
6. COMPLAINANT
7. COMPLAINT
8. CONCILIATION
9. DELIVERY OF PERSONAL PROPERTY
10. EXECUTION
11. HABEAS CORPUS
12. INCOMPETENT
13. JURISDICTION
14. KATARUNGANG PAMBARANGAY
15. LUPONG TAGAPAMAYAPA
16. MEDIATION
17. MINOR
18. NEXT OF KIN
19. PANGKAT TAGAPAGKASUNDO (PANGKAT)
20. PRELIMINARY INJUNCTION
21. REPUDIATION
22. RESPONDENT
23. SUPPORT PENDENTE LITE
24. VENUE

BELETA
Chapter V: APPROACHES TO THE DRUG PROBLEM
1. The Law Enforcement Approach
2. The Treatment and Rehabilitation Approach
3. The Educational Approach
4. The International Efforts Against Drug Abuse

THE LAW ENFORCEMENT APPROACH

R.A. 9165 or The Comprehensive Dangerous Drugs Act of 2002 – supply and demand reduction
strategies.

R.A. 9165 Important Features (Approve June 7 – Effective July 4, 2002)

 Dangerous Drug
7. 1961 Single Convention on Narcotic Drugs
8. 1971 Single Convention on Psychotropic Substances (Art1, Sec. 3)
 Controlled Precursors and Essential Chemicals
9. Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances (Art 1, Sec 3)

NOTE: Under RA 6425 (Dangerous Drugs Act of 1972)

 Prohibited Drugs
 Regulated Drugs
 Volatile Drugs

UNLAWFUL ACTS PENALTY

 Importation of Dangerous Drugs
 Sale, Trading, Administration,
Dispensation, Delivery, Distribution& Life Imprisonment to Death: Fine 500k to 10M
Transportation
 Maintenance of a Den, Dive or Resort
 Manufacture
 Employee/visitor of a den, dive, resort
 Illegal Chemical Diversion
 Manufacture or Delivery of Equipment, Imprisonment 12 yrs & 1 d – 20 yrs; Fine 100-500k
Instrument, Apparatus and other
Paraphernalia

NOTE: Possession of Dangerous Drugs ff quantities:

A. 10 grams or more; Opium, morphine, heroin, cocaine, MJ resin

B. 10 grams or more; MMDA, LSD
C. 50 grams or more; Shabu
D. 500 grams or more; Marijuana

10 grams more, less than 50 grams; Shabu
5 grams more, less than 10 grams; A, B, C
300 grams more, less than 500 grams; Marijuana
Less than 5 grams; A, B, C
Less than 300 grams; Marijuana
Life Imprisonment; Fine 400-500k
Imprisonment 20 yrs & 1 d – Life Imprisonment;
Fine 400-500k
Imprisonment 12 yrs & 1 d - 20 yrs; Fine 300 - 400k

Must be strictly considered during the conduct of anti-drug operations;

1. Sec. 11, Art. 2, PC: Human Rights

2. Sec. 1, Art. 3, PC: to due process and equal protection
3. Sec. 2, Art. 3, PC: against unreasonable search and seizure
4. Sec. 3, Art. 3, PC: to privacy of communication
5. Sec. 12, Art. 3, PC: constitutional rights of the accused undergoing custodial investigation
6. RA 7438: statutory rights of the accused undergoing custodial investigation

Principles of Drug Operations:

1. Art 11, Chapter 3, RPC: Knowledge on circumstances when to use necessary force.
2. Rule 113, Rules on Criminal Procedure: Knowledge on the statutory provisions on arrest.
3. Knowledge on the administrative guidelines on arrest, search and seizure.
 4. 384 U.S. 346: The Miranda Doctrine
5. Rule 126, Rules on Criminal Procedure: Warrantless Search and Search Incidental to lawful
arrest

National Campaign Strategies

1. DEMAND REDUCTION STRATEGY – aims to reduce the desire and preparedness of an individual
to obtain and use drugs. Preventive Education
a. Preventive Education
b. Treatment and Rehabilitation
2. SUPPLY REDUCTION STRATEGY – design to disrupt the production and supply of these drugs and
limit the access and availability of these drugs to certain context. Ex. Narcotic Drugs, pain relivers
opiate drugs for cancer patients.
a. Dangerous Drug Law enforcement
b. Judicial and Legislative Measures

Rules on Narcotics Operations

 General Rules and Procedures:

1. Specially trained & competent personnel
2. Pre-Operations report
3. Documented and properly authenticated
4. Submit written Report
5. Apprehendee or seized item won’t be released w/out authorization
6. All evidence - Evidence Custodian
7. Clear and do-able task

Coverage of the Rules

1. Coverage: Anti-Narcotics Operations

a. Buy-bust Operations
b. Search with warrant
c. MJ Eradication
d. Mobile Check point Operations
e. Airport/Seaport Interdiction
f. Controlled Delivery
g. Undercover Operations
h. Narcotics Investigation
2. Stages of Operations:
 Phase I – Initial Stage
 Planning & preparations
 Conduct the Operation
 Phase II – Action and post-action stage
 Tactical interrogation
 Post operation
 Custodial Investigation
 Prosecution
 Trial
 Resolution

A. Buy-bust Operations
a. Concept:
b. Planning & Preparation:
c. Conduct of Operation:
B. Search with warrant
a. Concept:
 b. Planning & Preparation:
c. Conduct of Operation:
C. MJ Eradication
a. Concept:
b. Planning & Preparation:
c. Conduct of Operation:
D. Mobile Check point Operations
a. Concept:
b. Planning & Preparation:
c. Conduct of Operation:
E. Airport/Seaport Interdiction
a. Concept:
b. Planning & Preparation:
c. Conduct of Operation:
F. Controlled Delivery
a. Concept:
b. Planning & Preparation:
c. Conduct of Operation:
G. Undercover Operations
a. Concept:
b. Planning & Preparation:
c. Conduct of Operation:
H. Narcotics Investigation
a. Concept:
b. Planning & Preparation:
c. Conduct of Operation:

THE TREATMENT AND REHABILITATION APPROACH

A. Assisting the Drug Abuser

1. Treatment – medical service rendered
 Aims of Treatment
 Prevent death from overdose
 Make comfortable during withdrawal period
 Detoxification – med supervised elimination of drugs: process of individualized
treatment
 Cold Turkey – totally stopping the substance: abrupt and complete cessation
 Substitution – using another substance which has similar effect
 Reduction Method – lowering the dosage of the same drug the patient
using
 Acupuncture – remove toxins through urine, target the organs
10. Process in Detoxification:
 Evaluation: screened for physical and mental issues, blood test, amount of drugs
 Stabilization: prescribes addiction treatment medications to prevent withdrawal
symptoms
 Preparation: preparing in entering the treatment program
2. Rehabilitation – dynamic process that involves……change that render a person to be a law
abiding and productive member of the community w/out abusing drugs
11. In patient: inside the rehabilitation center/ facility
12. Out patients:
13. Relapse – back to the initial condition
14. Objectives: restore an individual
15. Modalities:
a. Multi-disciplinary Team Approach
 b. Therapeutic Community Approach
c. Primal Scream Therapy
d. Spiritual Approach
e. Eclectic Approach
f. The 12 Steps of AA/NA
16. Methods of Rehabilitation
1.) Psychotherapeutic Methods
i. Individual Therapy
ii. Group Therapy
iii. Unstructured Group Therapy
iv. The Family Therapy
2.) The Spiritual and Religious Means
3.) The Follow-up and After-Care
17. Duration of Rehabilitation
18. Criteria of Rehabilitation

THE EDUCATIONAL APPROACH (Demand Reduction Strategy)

A. Drug Abuse Prevention Education

1. Drug Education
2. Drug Information
3. Alternatives
4. Interventions
B. Peer and Cross-age Tutoring and Counseling
1. Life Career Planning
2. Parenting and Family Communication
C. Effective Techniques and Learning Activities
1. Values Formation or Development
2. Role Playing
3. Decision Making and Problem Solving
4. Individual Contact
5. Small Group Approach
6. Community Approach
7.

(THE INTERNATIONAL EFFORTS AGAINST DRUG ABUSE)

THE INTERNATIONAL COOPERATION APPROACH

The UNDCP
 United Nation International Drug Control Program
The UNDCP Resources for Operations

UNDCP in SEA
 Laos & Myanmar: National Programs
 Thailand: Regional Programs
Master Plan Approach
- Encouraging and assisting governments in undertaking a thorough analysis of drug problems
Measures Undertaken in SEA
1. Enhancement of Capital Punishment
2. ASIAN Drug Official group meetings/ Conventions against Drug Abuse
3. Instant Urine Test Machine
4. Denial of Passport on all drug offenders upon released from prison
5. Use oof Narcotic Drug Detector
6. ASEAN Cooperation on against Drug Trafficking
SOCIETAL ROLE IN DRUG ABUSE PREVENTION

1. Individual
2. The Family
3. The School
4. The Church
5. The Police
6. The Government and other Components of CJS
7. The Non-Government Organizations
8. The Mass Media