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Socio-Demographic Profile and Problems Encountered by the Heads of Lupong Tagapamayapa in the Municipality of Bayambang

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Socio-Demographic Profile and Problems Encountered by the Heads of Lupong Tagapamayapa in the Municipality of Bayambang
Chapter 1

THE PROBLEM

Background of the Study
The barangay is the basic unit of government in the Philippines. Unknown to many, it is where much of actual governance takes place, and where the government and the citizens meet face to face. More than a hundred roles have been assigned to barangays by the Local Government Code of 1991 and various special laws ranging from the delivery of basic services to women and children protection under RA 9262. It is no wonder that barangays are able to perform all of these obligations in view of their limited resources and personnel. Yet, we observe that they have also been given a significant role in a process that keeps societies intact, making justice work.
Under the present Local Government Code of 1991, the Katarungang Pambarangay system 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. It provides a way for members of a barangay to settle their disputes through mediation, conciliation and arbitration without resorting to the formal justice system; i.e., the courts.
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 as a precondition to filing a complaint in court.
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 who are residing or working in the barangay and possessing integrity,



Bibliography: Abaya, A.T. 2000. A Comparative Assessment of Community Justice Systems in the Philippines, Sri Lanka and Bangladesh. Master’s Thesis, University of Massachusetts, Boston. Aranal-Sereno, Ma. Lourdes and Roan Libarios. 1983. “The Interface between National Land Law and Kalinga Land Law,” Philippine Law Journal 58 (December), 420-456. Asian Development Bank. 2000. Law and Policy Reform at the Asian Development Bank 2001 (Manila: ADB). Blair, Harry. 2003. Civil Society, Dispute Resolution and Local Governance in Bangladesh: Ideas For Pro-Poor Programme Support. Report prepared for the Department for International Development (DFID), U.K. High Commission, Dhaka (May). Haque, Tatjana, Karen L. Casper, Dan Turello, Debbie Ingram, Riffat Jahan. 2001. Voices of Women: A New Era of Political Leadership in Bangladesh (Dhaka: The Asia Foundation, December). Hashmi, Taj. 2000. Women and Islam in Bangladesh: Beyond Subjection and Tyranny (London: Macmillan). Khair, Sumaiya. 2001. Alternative Approaches to Justice: A Review of ADR Initiatives under the Democracy Partnership. Report prepared for the Asia Foundation, Dhaka (May). Odhikar. 2001. Women and Children in Disadvantaged Situations (Dhaka: Odhikar, April) Rojo, Silvia Sanz-Ramos

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