* What is Katarungang Pambarangay and its significance?
- The Katarungang Pambarangay or the Barangay justice System is an extra governmental mechanism aimed at perpetuating the time honored tradition of amicably settling interpersonal disputes in a community without recourse to the formal legal system of confrontational social behavior. The central feature of the system is the Lupong Tagapamayapa, a community-based conflict resolution effort that is highly supportive of the notions of social ordering and human development. While the speedy administration of justice is the immediate concern of the Katarungang Pambarangay, of equal importance is leadership building and community empowerment as the resultant effects of institutionalizing the system. (Bualwan: katarungang Pambarangay [http://archives.sunstar.com.ph/]) * What is the objective of the Katarungang Pambarangay Law? - ‘The primordial objective of the Katarungang Pambarangay Rules, is to reduce the number of court litigations and prevent the deterioration of the quality of justice which has been brought about by the indiscriminate filing of cases in the courts. To attain this objective, Section 4123 (a) of Republic Act No. 7160 requires the parties to undergo a conciliation process before the Lupon Chairman or the Pangkat as a precondition to filing a complaint in court.” [Milagros G. Lumbuan vs. Alfredo A. Ronquillo, GR No. 155713, may 05, 2006] * What is the entity tasked by law to enforce the Katarungang Pambarangay Law? - The entity tasked by law to enforce the Katarungang Pambarangay law is the Lupong Tagapamayapa. * What is the composition of the Lupong Tagapamayapa?
- Section 399(a) of REpublic Act 7610, known as the Local Government Code has created in each barangay a lupong tagapamayapa, hereinafter referred to as the lupon, composed of: The Punong Barangay, as chairman; and
Ten (10) to twenty (20) members
* How often should the Lupon be constituted?
- The lupon shall be constituted every three (3) years in the manner provided in section 399(a), RA 7160. This means that the Lupon may change its composition or membership every three (3) years. * Who may become members of the Lupon?
- Any preson actually residing or working, in the barangay, not otherwise expressly disqualified by law, and possessing integrity, impartiality, independence of mind, sense of fairness, and reputation for probity, may be appointed a member of the Lupon (Section 399[b]RA 7160). * How is the Lupon constituted?
- The Lupon is constituted by “A notice to constitute the lupon, which shall include the members who have expressed willingness to serve, shall be prepared by the Punong BArangay within the first fifteen (15) days from the start of his term of office. Such notice shall be posted in three (3) conspicuous places in the barangay continuously for a period of not less than three (3) weeks” (Section 399[c]), RA 7160. * May a person be appointed as member of the Lupon of a barangay even if he is a resident of another barangay? - Yes. Section 399[b] RA 7160 provides that any person actually residing “or working” in the barangay may be appointed as member of the Lupon provided he is “not ohterwise expressly diqualified by law, and possessing integrity, imptially, independence of mind, sense of fairness, and reputation for probity“. * How are members of the Lupon appointed?
- The Punong Barangay, taking into consideration any oppostion to the proposed appointment or any recommendation for appointment as may have been made within the period of posting, shall within ten (10) days thereafter, appoint as members those whom he determines to be suitable therefor. Appointments shall be in writing, signed by the Punong Barangay, and attested to by the barangay secretary. The list of appointed members shall be posted in three (3) conspicuous places in the barangay for the entire duration of their term of office; (Section 399 [d,e] RA...