EVALUATING THE EFFICIENCY OF LUPONG TAGAPAMAYAPA IN
PROMOTING RECONCILIATION AMONG CITIZENS IN
BARANGAY AMORCRUZ, LAAK, DAVAO DE ORO
A Thesis Presented to
The Criminology Department
St. Thomas More School of Law and Business
Doctolero Avenue, Tagum City
In Partial Fulfilment of the
Requirements for the Degree
Bachelor of Science in Criminology
JAZEL A. CATON
JOVEL LLOYD B. RABIMBE
JAYLE SHARADE B. SIFUENTES
2024
Chapter 1
Rationale
Over several decades, the governmental structure in the Philippines
has experienced significant changes, including modifications in the justice
system (Gonzales, 2019). This study focuses on the judiciary, grounded in the
doctrine of inherent state powers that stress the equality of the executive,
legislative, and judicial branches. The Philippine judicial system consists of a
hierarchical court structure, ensuring that only the appropriate judicial body
handles specific cases (Aquino, 2017). Despite constitutional provisions for
swift case resolutions, many cases remain unresolved for months or even
years. To address this during Ferdinand Marcos' administration, Presidential
Decree 1508 established a mandatory conciliation law (Presidential Decree
No. 1508, 1978). This legislation, known as Katarungang Pambarangay (KP)
or the Barangay Justice System, aims to provide accessible justice for all
Filipinos without long delays (Cruz, 2018). Through this special law, the
barangay, the smallest political unit in the Philippines, serves as a community-
based mechanism for amicable dispute resolution among its members.
A key component of the Katarungang Pambarangay Law is the Lupong
Tagapamayapa, designed to resolve conflicts within the barangay without
formal court proceedings (Republic Act No. 7160, 1991). According to Section
402 of Republic Act No. 7160, the Lupon oversees conciliation panels, holds
monthly meetings for idea exchange and dispute resolution experiences, and
performs additional duties as mandated by law or ordinance (Section 404 in
Republic Act No. 7160). For each dispute, a conciliation panel called the
Pangkat ng Tagapagkasundo, consisting of three Lupon members chosen by
the disputing parties or by lot if there is no agreement, is formed. These
members elect a chairman and a secretary among themselves. The secretary
documents proceedings submit minutes to the Lupon secretary and relevant
court, and issues notices to the parties. The Lupon secretary provides
certified copies of public records as needed (Section 406 in Republic Act No.
7160). Lupon members are considered persons in authority while performing
their duties, serving without pay except for certain provisions in Section 393,
and may receive incentives for efficient case resolution. On duty, they are on
official time and should not face any loss of compensation from other
employment. This system offers a grassroots, accessible, cost-effective, and
culturally appropriate method of justice (Quibod, 2016). Established by the
Katarungang Pambarangay Law, the Lupong Tagapamayapa facilitates
peaceful dispute settlements within the barangay, reducing the burden on
formal courts by addressing conflicts through community-level mediation and
arbitration (Guzman, 2020).
Several studies examine the effectiveness of the Lupong
Tagapamayapa in reconciliation, identifying various influencing factors.
However, the Lupong Tagapamayapa faces challenges such as inadequate
training and seminars on the barangay justice system, resulting in improper
conciliation processes and dissatisfied constituents (Cruz, 2018). Repeat
disputes involving the same individuals due to ineffective conciliation
processes are common (Aquino, 2017). Additionally, the reluctance of one
party to participate in the conciliation makes progress difficult, leading to
unresolved cases (Gonzales, 2019).
Understanding these challenges is essential for any successful
intervention, including training. Anecdotal reports and initial research highlight
issues ranging from a lack of legal concept understanding to difficulties in
maintaining neutrality due to the arbitrators' embeddedness in the community
(Cruz, 2018). The efficiency of the Lupong Tagapamayapa depends largely
on their decision-making abilities and capability to resolve disputes. Effective
decision-making is crucial in reconciliation, providing a framework for
organizing, questioning, and resolving conflicts. Conciliators need strong
analytical skills to address complex issues, breaking them down to identify
and explore different alternatives and solutions for dispute resolution.
Despite these issues, the Lupong Tagapamayapa continues to serve
the community in settling disputes and conflicts (Guzman, 2020). Over 80% of
cases filed in a barangay in Tarlac were resolved (Quibod, 2016). The system
provides easy access to justice and alleviates court congestion. The Lupong
also assists conflict-affected areas like Maguindanao by resolving conflicts
without costly litigation (Aquino, 2017). It preserves the right of parties to
withdraw from conciliation at any point without prejudice to their legal status,
maintaining confidentiality throughout the proceedings (Presidential Decree
No. 1508, 1978).
Local news reports highlight the need for further research. A 2021
article in the Philippine Daily Inquirer detailed a case where a dispute
escalated to violence due to perceived impartiality issues in the Lupong
Tagapamayapa's handling of the conflict (Sotto, 2021). Another report by The
Manila Times (2022) emphasized that many arbitrators struggle with
understanding and implementing complex legal provisions due to a lack of
formal legal training. Such cases underscore the urgency of addressing the
gaps identified in the scholarly literature. Although research has been
conducted on the efficiency of the Lupong Tagapamayapa system, significant
gaps remain in understanding the challenges faced by participants, leading to
unresolved disputes.
While many studies have focused on the Lupong Tagapamayapa
system's impact on reducing the burden on formal courts, one notable study
highlighted the importance of decision-making quality and its impact on
conciliation. This research found that insufficient training for Lupon members
and a lack of seminars on the barangay justice system hinder effective
conciliation, leading to recurring disputes and unsatisfied constituents. The
unwillingness of parties to participate in the conciliation process was also
identified as a barrier to resolving cases efficiently. This study aims to assess
the efficiency of the Lupong Tagapamayapa based on the experiences and
satisfaction levels of the parties involved in disputes, promoting reconciliation
and settling disputes. Therefore, the researchers recognize an urgent need to
assess the effectiveness and efficiency of the Lupong Tagapamayapa in
promoting reconciliation and addressing ways to increase their efficiency
(Jumalon et al., 2018).
Barangay Amorcruz, like many rural areas in the Philippines, relies
heavily on this mechanism to address interpersonal and communal disputes.
Given the diverse nature of conflicts—from land disputes and family feuds to
minor criminal offenses—the efficiency of Lupong Tagapamayapa significantly
influences overall community harmony and order. From 2019 to the present,
138 cases were handled by the Lupong Tagapamayapa, with 77 settled
amicably, 13 referred to higher authorities, and 48 unresolved. Most
unresolved cases are from the last two years. Evaluating its efficiency helps
understand its current performance and provides insights for improvement,
ensuring the system continues to serve its purpose effectively (Quibod, 2016).
Theoretical Framework
The study's theoretical framework draws from conflict resolution theory,
providing a foundation for comprehending dispute dynamics and the
processes involved in achieving peaceful resolutions. It recognizes the
cognitive and emotional pitfalls that can exacerbate conflicts, highlighting the
importance of unbiased mediation in facilitating reconciliation (Program on
Negotiation in Harvard Law School, 2015).
Lederach (2003) proposes an approach to conflict resolution that
transcends basic problem-solving by advocating for a comprehensive
understanding of conflicts. This perspective emphasizes the necessity of
addressing not only immediate issues but also the underlying relational
dynamics and societal structures contributing to conflicts (Lederach, 2003). In
his influential work, "The Little Book of Conflict Transformation," Lederach
underscores the importance of viewing conflicts as dynamic processes and
the need for peacebuilding efforts to operate at multiple societal levels
(Lederach, 2003), aiming for sustainable peace by addressing conflicts' root
causes rather than merely their symptoms.
Buchanan (2014) applies complexity theory principles to comprehend
and address conflicts, viewing them as intricate systems requiring
multifaceted and adaptable strategies. This perspective underscores the
interconnectedness of conflict elements and advocates for dynamic
approaches to effectively manage them. Such a viewpoint holds increasing
sway in fields like international relations and peace studies, offering fresh
insights into the complexities of conflict dynamics and the need for nuanced
intervention strategies.
Conflict resolution theory focuses on methods and processes for
effectively resolving conflicts, aiming for reconciliation and sustainable peace.
This theory emphasizes addressing conflicts' root causes and promoting
understanding and cooperation among involved parties. It provides a relevant
framework for assessing its facilitation of reconciliation among citizens in
Barangay Amorcruz. The theory's emphasis on resolving conflicts through
mediation, negotiation, and dialogue aligns with the study's objectives,
evaluating Lupong Tagapamayapa's effectiveness in promoting reconciliation.
Conflict resolution theory also considers factors such as power dynamics,
communication barriers, and cultural differences, crucial for understanding
conflict resolution processes within the barangay context. By employing
conflict resolution theory, the research can analyze the mechanisms and
outcomes of conflict resolution facilitated by Lupong Tagapamayapa, evaluate
its impact on promoting reconciliation, and identify areas for improvement in
the conflict resolution process (Burton, 1990).
As articulated in the theoretical framework for conflict resolution by
William G. Cunningham (1998) and Professor John Burton (1991), there is a
distinction between conflict resolution, management, and settlement. Conflict
resolution, according to Burton, involves terminating conflict by addressing its
root causes, aiming for a permanent solution that satisfies the parties
involved. This process entails an analytical approach that delves into the
underlying needs of the conflicting parties, rather than mere management
through alternative dispute resolution skills or settlement through authoritative
and legal processes. Burton emphasizes the importance of recognizing
individual and group needs within the conflict context, asserting that conflicts
often arise from a breakdown in relationships and challenges to norms and
authorities. By acknowledging the fundamental similarities between conflicting
parties and addressing their legitimate needs, conflict resolution can be
facilitated. However, traditional approaches based on mediation and
negotiation may be insufficient when conflicts involve primordial needs that
cannot be bargained. Therefore, the theoretical framework suggests that
effective conflict resolution requires a paradigm shift towards a process of
change in political, social, and economic systems. This process involves not
only addressing individual and group needs for identity and recognition but
also implementing institutional changes necessary to satisfy these needs. In
the context of evaluating the efficiency of Lupong Tagapamayapa in promoting
reconciliation, this theoretical perspective underscores the importance of
fostering a holistic approach that goes beyond mere management or
settlement, aiming for sustainable solutions that address the underlying
causes of conflict.
John Burton, a prominent figure in conflict resolution theory,
emphasizes the importance of addressing the root causes of conflicts and
seeking mutually beneficial solutions to achieve sustainable peace and
reconciliation (Burton, 1990). Burton's theory could include assessing the
extent to which Lupong Tagapamayapa addresses underlying causes of
conflicts and facilitates agreements that lead to lasting reconciliation. These
would involve evaluating the efficiency of Lupong Tagapamayapa in resolving
disputes within the barangay, the satisfaction level of citizens with the
process, and the long-term impact on community harmony.
Louise Diamond's contributions to conflict resolution and peacebuilding
highlight the need for inclusive processes involving all stakeholders in
resolving conflicts and building peace (Diamond, 2011). This perspective
underscores the significance of community participation in the conflict
resolution process facilitated by Lupong Tagapamayapa. Additionally, William
Ury's work on negotiation and conflict resolution advocates for principled
negotiation, focusing on interests rather than positions, and seeking win-win
solutions (Ury, 1991). These principles align with conflict resolution theory and
apply to evaluating the efficiency of Lupong Tagapamayapa in promoting
reconciliation within Barangay Amorcruz.
Conceptual Framework
Figure 1 illustrates the study's conceptual framework. The independent
variable is the Efficiency of the Lupong Tagapamayapa, while the dependent
variable is the Reconciliation among Citizens. It is hypothesized that the
efficiency of the Lupong directly influences the reconciliation process. By
evaluating different levels of efficiency, the study aims to determine its impact
on reconciliation.
Independent Variable Dependent Variable
Efficiency of Lupong Reconciliation Among
Tagapamayapa Citizens
Cohesion
Restoration
Communication
Satisfaction
Cooperation
Success
Empathy
Transparency
Timeliness
Figure 1. The Conceptual Framework of the Study
Statement of the Problem
This study will measure the efficiency of Lupong Tagapamayaoa in
promoting reconciliation among citizens in Barangay Amorcruz, Laak, Davao
de Oro. Specifically, it sought to answer the following questions:
1. What is the level of efficiency of the Lupong Tagapamayapa in
mediating and resolving conflicts in Barangay Amorcruz, Laak, Davao
de Oro in terms of:
1.1 Process and Methods
1.2 Impartiality and Fairness
1.3 Communication
1.4 Training and Competence
2. What is the level of perceptions of the citizens of Barangay Amorcruz,
Laak, Davao de Oro in relation with:
2.1 Fairness
2.2 Efficiency
2.3 Satisfaction
3. Is there a significant relationship in the efficiency of Lupong
Tagapamayapa in reconciliation at the citizens of Barangay Amorcruz,
Laak, Davao de Oro?
Hypothesis
This study will be measured at a 0.05 level of significance.
H01: There is no significant relationship of Lupong Tagapamayapa in the
reconciliation of citizens among Barangay Amorcruz, Laak, Davao de Oro.
Scope and Limitation
The scope of the study is to evaluate the efficiency of Lupong
Tagapamayapa in promoting reconciliation among the citizens of Barangay
Amorcruz, Laak, Davao de Oro. The research seeks to determine how
efficiently Lupong Tagapamayapa promotes reconciliation within the
community. Additionally, the evaluation may be limited by resource constraints
and the availability of data, which could affect the comprehensiveness and
depth of the study's conclusions.
These constraints include potential challenges in accessing accurate
and complete records of the reconciliation processes and outcomes. This
focus may introduce biases based on personal experiences and perceptions,
which could influence the findings. Despite these limitations, the study aims to
provide valuable insights into the role of Lupong Tagapamayapa in community
reconciliation, contributing to the broader understanding of its efficiency.
Significance of the Study
The study seeks to evaluate the efficiency of the Lupon Tagapamayapa
in facilitating reconciliation among the residents of Barangay Amorcruz, Laak,
Davao de Oro, Philippines. It will explore the efficiency of Lupong
Tagapamayapa within the barangay, examining the Lupon's success in
settling disputes and restoring harmony among community members. This
research highlights the efficiency of Lupong Tagapamayapa in promoting
reconciliation, which benefits the broader community, enhances the Lupong's
capabilities, and encourages further academic inquiry, employing a
combination of quantitative methods, including surveys of Lupong
Tagapamayapa records, the study aims to offer a result oh how the efficiency
of Lupong Tagapamayapa in promoting reconciliation.
Barangay Officials/ Government Officials. The study provides insights
into the effectiveness of grassroots governance structures in maintaining
peace and order. This can help in understanding how well the barangay
officials are performing their duties and responsibilities in conflict resolution.
Citizens. The study raises awareness of local conflict resolution
mechanisms, empowers them to participate constructively in dispute
resolution, and fosters community cohesion by strengthening bonds and trust.
Lupong Tagapamayapa. The research assesses their performance,
identifies strengths and areas for improvement, evaluates their efficiency to
develop strategies with data-driven recommendations, and enhances
recognition and motivation among its members.
Future Researchers. The study adds to the body of knowledge on local
justice systems, serves as a reference for similar studies, provides valuable
methodological insights, and opens new avenues for investigating the impact
of local governance policies on community harmony.
Definitions of Terms
To enhance the reader's comprehension of the study's terminology, the
subsequent terms are defined operationally.
Citizens - Citizens are members of a society who actively participate in
civic life, exercise their rights and duties, and contribute to the collective well-
being of their community or nation. They play a vital role in shaping the social,
political, and economic landscape through their engagement, advocacy, and
involvement in public affairs (Tilly, 1999). In this study, they are the
respondents tasked with evaluating the efficiency of the Lupong
Tagapamayapa in resolving disputes in Barangay Amorcruz, Laak, Davao de
Oro.
Efficiency - Efficiency refers to the ability to accomplish tasks with
minimal waste, effort, or cost while maximizing productivity and quality
(Sharma & Bhagwat, 2007). It involves optimizing processes to achieve
desired results effectively and timely. In this study, efficiency will be evaluated
to determine the efficiency of the Lupong Tagapamayapa in promoting
reconciliation among the citizens of Barangay Amorcruz, Laak, Davao de Oro.
Lupong Tagapamayapa - Lupong Tagapamayapa embodies the
principle of localized conflict resolution and community empowerment. It
emphasizes the resolution of conflicts through mediation, conciliation, and
arbitration at the grassroots level, promoting social cohesion, harmony, and
peace within communities (Republic Act No. 7160). In this study, the Lupong
Tagapamayapa will be evaluated if their efficiency in resolving disputes and
facilitating reconciliation meets the satisfaction levels of the citizens of
Barangay Amorcruz, Laak, Davao de Oro.
Promoting reconciliation - Promoting reconciliation is a multifaceted
process that seeks to address the root causes of conflicts, rebuild trust, and
promote mutual respect and empathy among the parties involved. It
emphasizes dialogue, acknowledgment of grievances, and the restoration of
relationships to create a foundation for lasting peace and harmony (Bar-Tal,
2000). In this study, refers to the goals that the Lupong Tagapamayapa must
achieve to maintain peace and order in Barangay Amorcruz, Laak, Davao de
Oro.
Review of Related Literature and Studies
The Lupong Tagapamayapa (LT) is a cornerstone of the Philippine
barangay justice system, designed to mediate and resolve conflicts at the
community level. The following literature and studies provide insights into
similar research endeavors.
Barangay Justice System Overview
Republic Act 7160, often known as the Local Government Code of
1991, requires that a "Lupong Tagapamayapa," or "Lupon," be established in
each barangay or village. This person is tasked with managing disputes
between parties in compliance with the Katarungang Pambarangay Law.
The goal of the barangay justice system is to enable everyone seeking
dispute resolution to have their rights to justice upheld without having to deal
with the expense of filing cases in court and hiring legal counsel. Lawyers are
not allowed to participate in the conciliation process unless they are one of the
parties, according to the law. Because barangay justice cannot be regarded
as a court of justice, a body, or a division of the judicial branch of the
government, even though justice is the main focus of this system. It was
established with the intention of giving parties a rapid, inexpensive, and
amicable way to settle disagreements by agreeing to follow certain guidelines
that they have set up and that they will follow without going to court. Unless
the law specifies differently, all matters are included in this system of amicable
settlement. Conciliation is an interest-based procedure that requires
thoughtful consideration, confidentiality, and human interaction. In certain
situations, the completion of this procedure is a prerequisite, meaning that if
the Barangay Conciliation proceeding has not been started first, the court will
not accept the filed lawsuit. (Feble, 2014).
The option of taking the disagreement to court is thwarted by the
barangay council. If it appears that they can incorporate strategies that help
both sides communicate and come to an agreement to resolve their
differences in their unique manner. According to Augustin (2020), the
barangay conciliation system seeks to strengthen family bonds, expedite legal
proceedings, and enhance the standard of justice in the Philippines. A long-
standing custom in the Philippines that is ingrained in Filipino culture is the
peaceful settlement of disputes between individuals and barangay members
without resorting to courtroom litigation, thanks to the various positive
experiences of the barangay officials and pacification committee (Lupong
tagapamayapa). (Lee, 2019).
At the barangay level, this law was crafted with the belief that
communal harmony, peace, and collaboration were important. This is also a
means of lessening the thousands of cases that are filed in the regular
Philippine courts but go unanswered and appear to be dormant (Simons,
2021). The delaying of justice in the Philippine court system is often attributed
to two factors: a shortage of judges and the parties' inability to afford
expensive legal expenses. Since it can help close the courts' flaws, judicial
authorities acknowledge that upgrading the barangay court system's
fundamental framework will undoubtedly have a good influence on judicial
management. An organization that will resolve conflicts at the barangay level
was established based on this law. (Kamatali, 2021).
A barrio justice's goal is to settle disputes amicably and peacefully
within the community rather than through drawn-out legal proceedings. Local
courts have the authority to start public education and information campaigns
regarding the operation of the barangay system as well as offer opportunities
for council and committee officials to continue their education. (Killip, 2021).
According to Metillo et al. (2022), a glaring indication that the barangay
and Lupon Tagapamayapa members are doing everything within their power
to fulfill their mandated duties and fully serve the interests of their settlement
in handling the resolution of disputes of its experienced constituents in a way
that respects the rights and interests of both opposing parties. As a result,
through mediation sessions, the people are becoming more harmonious. To
fully deliver effectiveness and best serve the interests of their constituents
through an effective mediation between the adversarial parties in the system,
the "Lupon and Pangkat" still need to improve in the performance of their
roles and responsibilities.
Mediation Process and the Challenges
According to Rebayla et al. (2023), the Conciliation Mediation Process,
its Duration, the Conciliator Mediator's Skills, and its Termination were found
to be highly effective in terms of efficacy, efficiency, and reliability when the
conciliation medication's effectiveness was tested. In light of the study's
findings, it was suggested that conciliators and mediators undergo regular
training to improve their capacity to resolve early labor conflicts and increase
the likelihood of future settlements between the parties. It is also advised that
the conciliator mediators step up their efforts to grant our laborers' demands
and offer any support they may be able to provide. It's also a good idea to
teach arriving and new conciliator mediators so that they may begin practicing
conciliation mediation as soon as possible.
The legal system does not include the barangay justice system.
However, the judiciary understands that bolstering the grassroots system will
assist clear the backlog in court cases, which will benefit the administration of
justice. An associate justice of the Supreme Court stated that it ought to be
the responsibility of each trial court judge to support the development of the
barangay justice system. The local courts have the authority to start public
education and information campaigns on the operation of the barangay
system as well as give Lupon and Pangkat officials access to chances for
ongoing education. Lack of knowledge about the inner workings of the
barangay justice system and some structural flaws have hindered its ability to
reach its full potential. The community lacks awareness and understanding
regarding the barangay justice system, as well as the roles of the Lapon and
Pangkat, particularly among the underprivileged segments. There hasn't been
a public awareness or education campaign about the operation of the
barangay justice system. (Elizaga-Pagalilauan, J. B., 2022)
The necessity of coming up with original and creative mediation
solutions in the most challenging situations. It also highlights how crucial it is
for mediators to be knowledgeable about the nuances of the peace process
and be able to handle them with ease. Rather than using a one-size-fits-all
paradigm that frequently ignores the most challenging conflicts to resolve,
further research is required to examine the relationship between novel and
various types of mediators and their techniques in a range of different
circumstances. Studying novel and creative forms of mediation may serve as
a great starting point for rethinking mediation in difficult disputes. The
Mindanao case has demonstrated that mediation is not always bound to fail in
difficult situations; rather, it can be successful if it is customized to the
situation and takes the needs and goals of the negotiating parties into
consideration. (Mulhearn, C.,2018).
Currently, barangays all throughout the country are establishing the
Barangay Council for the Protection of Children (BCPC). This gives
community leaders and members another platform to actively engage in the
implementation of (social) justice, particularly for children who are subjected
to a variety of abuses, such as child labor, prostitution, trafficking, and
vagrancy, among others. Regretfully, quite a minor portion of our barangays
around the country have successfully created their BCPCs. A large number of
those in place have not been involved. Members of the council may be
attorneys who practice or live in a specific barangay. They will be able to
share their knowledge, abilities, and talents with the community as a result.
(Elizaga-Pagalilauan, J. B., 2022)
Lupao and Alejandro (2022) state that the complainant's and
respondents' attitudes and desire to work together to resolve the
disagreement present obstacles to an amicable settlement. The test of
maximum tolerance from the disputants' offensive attitude and the need to
empathize with their situation in order to understand their emotions are all part
of this challenge to the Lupon's ability to act as mediators—facilitating the
conversation and discussion of the issue and ultimately coming to an
agreement. This is a common idea between restorative justice and barangay
justice: in order to appease a complaint in the barangay, the harm and
damage caused by the conflict must be taken into account and fixed. The
Barangay Justice System's traditional concept of peaceful settlement is still
applicable in the modern world, but it is put to the test by the implementers'
capacity to deal with the differing behaviors of disputants. To achieve peaceful
settlement, logical and inventive approaches must be persuasive to the
disputants' senses. The appointment of Lupon members from diverse
industries is advantageous since they represent a range of professions with a
variety of experiences and talents that complement the opposing parties'
diverse personalities and profiles. Furthermore, it is crucial for the disputant to
win the confidence and trust of the Lupon members.
According to Adaptive Mediation, the beginning of this self-organizing
process among the conflicting parties is an essential step toward the
establishment of a self-sustaining peace. If the parties rely on a mediator to
help them reach a consensus, as many of the unsuccessful peace
agreements covered in this book have demonstrated, they are also unlikely to
resolve arising conflicts during the implementation stage. Therefore, a
fundamental tenet of the Adaptive Mediation method is that peace
agreements must originate with the parties in order to be self-sustaining. (de
Coning, C., Muto, A., & Saraiva, R., 2022).
According to Guia and Mangubat (2021), the interview revealed that
the Lupong Tagapamayapa (Peace-making council) frequently faced three
issues when implementing the Katarungan Pambarangay (Barangay Justice
System): a lack of technical expertise, a lack of a supervision system, and a
lack of cooperation from both parties. The technical expertise is crucial to the
administration of the mediation process. The ability of the Lupong
Tagapamayapa (Peace-making Council) to help the disputants come up with a
workable solution will enable peace to be achieved. Another concern that
arises during the Katarungan Pambarangay (Barangay Justice System)
installation is the supervisory system. The absence of collaboration from both
parties is another issue the barangay has. As part of their paralegal programs,
the barrio should have a "strict monitoring system." An instance of this would
be the respondent's disregard for the summons that was issued to them. In
general, the community benefits from the Katarungan Pambarangay, also
known as the Barangay Justice System, because it maintains neighborly
relationships, expedites problem resolution, boosts the local economy, and
facilitates realistic agreements between parties engaged in conflict.
Issues with the lupong tagapamayapa participants' performance of their
duties and responsibilities include the respondent's non-appearance,
disregard for authority, complainants' lack of appearance in confrontations, the
lack of regular meetings and seminars for lupon members, parties' tardiness
during confrontations, and biased decision-making. (Elizaga-Pagalilauan, J.
B., 2022)
Perspective and Conflict Resolution
In Students Perceptions of Teachers (2015), Rizky Kurniawan noted
that perception is one of the key psychological components since it allows us
to understand the various phenomena that exist in our surroundings. Each
person perceives an object differently. It could be in a good or bad way. The
process of perception begins with vision and ends with a response that a
person experiences as a result of both internal and external stimuli through
their senses. (Kurniawan R., 2015).
According to Garfield, Z. H. (2021), the best way to understand conflict
resolution services is probably as a component of more comprehensive
leadership initiatives that support strategic, positive relationships between
groups as well as inside group cohesion. Rather than specific personality
traits or individual attributes, variation in conflict-resolution capacities is more
likely to be connected with a wider range of leadership duties, such as
representing the group, offering advice, shielding group members, and
punishing defectors. However, fairness and interpersonal skills may be crucial
for successful conflict resolution in a variety of social and cultural
circumstances.
Examining conflict and how it is managed in CBT programs. Two major
contributions are made by this work. The research has validated and
strengthened the body of knowledge regarding conflict and its handling in
CBT. To begin with, it is the only study to concentrate only on conflict and
conflict management in CBT. Second, the research drew from the literature on
conflict and conflict management, and the information gathered led to the
creation of a new Conflict Management Model that serves as a tool
throughout the duration of the CBT procedure. (Curcija, M., Breakey, N., &
Driml, S., 2019).
In study conducted by Umengan (2023), as a grassroots dispute
resolution mechanism, the Lupong Tagapamayapa is operating efficiently and
adhering closely to the 1991 Local Government Code's requirements. The
system can be made even more efficient and contribute to a more robust and
peaceful community by addressing the areas that have been identified for
improvement and putting the suggested tactics into practice. It would be
beneficial for future research to focus on the precise causes of reduced
compliance in certain areas in order to create more focused reform plans.
A recent development in the fields of victimology and criminology is
restorative justice. People are harmed by crime, as are communities. It
demands that the parties be allowed to take part in the process of bringing
justice to those who have been injured. Therefore, restorative justice allows
the victim, the offender, and legal professionals to work together as facilitators
of a system that seeks to hold offenders accountable. Other strategies to
achieving a restorative solution to healing the harm can be considered when a
party is unable or unwilling to engage in such a meeting. These strategies for
addressing the accountability of offenders can include reparative sentences,
community service, and reparations. Reintegration of victims and offenders
may involve material, emotional, and spiritual help and guidance. In general,
the society always favors peaceful resolution of conflicts over drawn-out legal
battles and costly litigation. Therefore, the MBCC, the police, and the
barangay council all established the standard for parties to conflicts to work
things out and reach a settlement agreement by acting as mediators. (Garcia,
M., 2019).
Legal Framework and Authority
As per the understanding of Section 410 0f of The Local Government
Code by the International Journal of Advanced Research in Management and
Social Science, "any individual who has a cause of action against another
individual involving any matter within the authority of the Lupon may complain,
oral or in writing, to the Lupon Chairman."
The law is unambiguous in its assertion that the dispute must be
resolved between individuals; furthermore, the term "individual" refers to a
natural person rather than a legal entity like a corporation or partnership.
According to Feble (2014), if one of the parties is a juridical person, the
complaint can be filed with the court directly without going through barangay
conciliation.
It's possible that civilian peacekeepers had a hand in this outcome.
This study offers solid proof that the average risk of communal violence was
reduced as a result of UNOCI's efforts to improve local capacity for resolving
conflicts through intergroup discussion. International and national
organizations should be encouraged by its findings, which show that
meaningfully enhancing national-level peacebuilding initiatives can be
achieved through local intergroup discussion (364-64) Journal of Conflict
Resolution 64(2-3). The article offers a fresh defense of the idea that outside
interventions can promote peace in postwar settings. Studies already
conducted contend that peacekeeping reduces violence through the
observation of belligerents' actions, the imposition of penalties for coercive
activities, the replacement of ineffective state structures, and the de-
escalation of local disputes by promoting dialogue between leaders of armed
and political groups. This study fills in some of the gaps in the literature
regarding the policies and activities of peacekeepers, validates the authors'
hypothesis, and demonstrates that peacekeeping also helps to reduce
violence by promoting local conflict resolution. (Smidt, H. M., 2020).
Role of Community and Accessibility
According to Musembi and Iteyo (2018), community participation
ensures a democratic process down to the grassroots level and recognizes
and utilizes the sociocultural and socioeconomic assets available in
communities; hence it equips the community with the necessary capabilities to
prevent the outbreak of violent conflicts, reduce their escalation, and
transform violent forms of conflict into peaceful ones and respond to the
opportunities for violence such as chronic poverty and unemployment.
The goal of the barangay justice system is to enable everyone seeking
dispute resolution to have their rights to justice upheld without having to deal
with the expense of filing cases in court and hiring legal counsel. Lawyers are
not allowed to participate in the conciliation process unless they are one of the
parties, according to the law. Because barangay justice cannot be regarded
as a court of justice, a body, or a division of the judicial branch of the
government, even though justice is the main focus of this system. It was
established with the intention of giving parties a rapid, inexpensive, and
amicable way to settle disagreements by agreeing to follow certain guidelines
that they have set up and that they will follow without going to court. Unless
the law specifies differently, all matters are included in this system of amicable
settlement. Conciliation is an interest-based procedure that requires
thoughtful consideration, confidentiality, and human interaction. In certain
situations, the completion of this procedure is a prerequisite, meaning that if
the Barangay Conciliation proceeding has not been started first, the court will
not accept the filed lawsuit (Perez, 2021).
Synthesis of the Reviewed Literature and Related Studies
One essential method for settling conflicts at the local level in the
Philippines is the barangay justice system, which is codified in the Local
Government Code of 1991. Its goal is to promote peaceful, affordable, and
easily accessible conflict resolution within communities by prioritizing
community cohesion and conciliation over formal court action (Republic Act
No. 7160, 1991). Even with obstacles like lack of technical know-how and
problems with collaboration, the system functions well when handled
correctly. The barangay justice system is strongly ingrained in Filipino
traditions of peaceful conflict settlement, giving it a strong cultural resonance
(Panganiban, 2023). As a fundamental part of the social fabric, it keeps
conflicts at a local level and prevents them from escalating. The approach
maintains social cohesiveness and peace within neighborhoods and
barangays by strengthening connections between people and promoting
understanding and reconciliation in the process of resolving issues (Gonzalez,
2021). However, the system faces challenges that can compromise its
perceived impartiality, such as party resistance to full participation and biases
in decision-making among Lupon members (Santos, 2022). To surmount
these obstacles, endeavors must be made to bolster public confidence and
guarantee equitable and transparent processes, stressing the system's use
and efficiency (Aquino, 2020).
The general lack of public knowledge and comprehension of the
advantages and functions of the system is another obstacle (Del Rosario,
2024). It's possible that many people in the community are unaware of it or
have no concept of what it serves. Enhancing public outreach and education
is essential to boost involvement and optimize the system's ability to settle
disputes within communities (Lim, 2021). The efficacy of the system is
hampered by structural problems, such as the uneven training provided to
Lupon members and the absence of frequent meetings and supervision
(Velasco, 2023). To address these shortcomings, funding for training
initiatives and institutional support are needed to ensure that Lupon members
have the knowledge and tools needed to perform their jobs well (Cruz, 2022).
The barangay justice system in the Philippines has institutional backing
and legal recognition despite several obstacles (Dela Cruz, 2020). Legal
statutes emphasize the fundamental role of barangay conciliation in conflict
resolution by requiring conflicts involving persons to go through it before being
taken to formal courts (Republic Act No. 7160, 1991). It is believed that
strengthening this grassroots structure can improve overall judicial
management and alleviate burdens on formal courts (Perez, 2021).
Community engagement is essential to the system's success to ensure
decisions are based on local knowledge and accurately reflect the needs and
interests of the community (Mercado, 2022). The Barangay Council for the
Protection of Children is one initiative that demonstrates how the system can
be utilized to address certain social challenges in local communities
(Department of the Interior and Local Government, 2023). Nevertheless,
initiatives to encourage community involvement must be consistent and
comprehensive to optimize the system's capacity for efficiently resolving
conflicts (Lopez, 2024).
Using innovative methods of mediation is also crucial for resolving the
variety of conflicts that arise in communities (International Institute for
Sustainable Development, 2020). Tailoring strategies to particular situations
and requirements can promote long-lasting peace initiatives and provide
parties the confidence to take an active role in settling their differences
(United Nations Office on Drugs and Crime, 2021). This flexible approach
recognizes the complexities in resolving disputes and aims to utilize local
knowledge and resources to achieve mutually beneficial agreements
(Philippine Judicial Academy, 2022). To sum up, the barangay justice system
is an essential tool for settling conflicts and fostering harmony in Filipino
communities (Gonzalez, 2021). Notwithstanding obstacles concerning
involvement, awareness, and organizational backing, efforts to address these
issues are crucial to ensuring the system's sustained effectiveness (Aquino,
2020). Every member of society can access accessible, prompt, and equitable
justice through the barangay justice system if it increases community
involvement, raises public awareness, and invests in institutional assistance
and training (Del Rosario, 2024; Lim, 2021; Santos, 2022).
Chapter 2
Methodology
This chapter outlines the study's methods and procedures, including
research design, locale, population, sample selection, data collection tools,
data gathering process, statistical analysis tools, and ethical considerations.
Research Design
In this descriptive-correlation technique, a survey research design will
be employed to evaluate the efficiency of Lupong Tagapamayapa in
promoting reconciliation among citizens in Barangay Amorcruz, Laak, Davao
de Oro. The survey research design is chosen for its ability to gather data
from a large number of respondents in a systematic and structured manner.
By utilizing a survey instrument, researchers can collect quantitative data on
various aspects related to the efficiency of Lupong Tagapamayapa, such as
the frequency of disputes resolved, satisfaction levels of citizens with the
reconciliation process, and perceptions of fairness and effectiveness.
This approach allows researchers to generalize the findings from the
sample to the broader population of citizens in Barangay Amorcruz,
enhancing the external validity of the study. The survey instrument will be
carefully designed to capture relevant data on the research objectives. It will
include a combination of closed-ended questions, which provide respondents
with predetermined response options, and open-ended questions, which allow
for more detail. Piloting the survey instrument with a small sample of
participants can help identify any potential issues with clarity or wording
before administering it to the larger sample. By employing a systematic and
rigorousmsurvey research design, this study aims to provide valuable insights
into the efficiency of Lupong Tagapamayapa in promoting reconciliation
among citizens in Barangay Amorcruz, Laak, Davao de Oro.
Research Locale
The study will be conducted in Barangay Amorcruz, which is located in
the municipality of Laak, Davao de Oro (formerly known as Compostela Valley
Province) in the southern Philippines. Laak is predominantly rural,
distinguished by its verdant landscapes, agricultural abundance, and diverse
cultural legacy. Barangay Amorcruz, one of Laak's many villages, that is
distinguished by its close-knit community, predominantly engaged in
agriculture and small-scale commerce.
Figure 2. Map of Laak pointing Amorcruz and Landscape of Amorcruz
Population and Sample
The population of this study comprises both the complainants and
respondents handled by the Lupong Tagapamayapa of Barangay Amorcruz.
To ensure the findings' representativeness, a random sampling method will be
employed to select participants from among the complainants and
respondents of Barangay Amorcruz. Utilizing random sampling aids in
reducing bias and guarantees that every member of the population has an
equal chance of being chosen for the study. Depending on the population's
size and characteristics, various random sampling techniques may be utilized,
such as simple random sampling or stratified random sampling.
The sample size will be determine based on statistical considerations
to ensure sufficient power and precision in the analysis. The respondents will
be the complainants and respondents as they are the ones who directly
engaged in the reconciliation process facilitated by the Lupong
Tagapamayapa. By selecting these respondents, they will surely give an
accurate evaluation of the Lupong Tagapamayapa's efficiency in promoting
reconciliation based on their experiences and satisfaction levels. The study
aims to capture precise evaluations of the Lupong Tagapamayapa's efficiency
in promoting reconciliation among citizens in Barangay Amorcruz, Laak,
Davao de Oro.
Research Instrument
The researcher will use a set of research-made questionnaires. The
contents of the instrument will be presented to a group of experts for
validation. The respondents will rate each item on a 5-point Likert scale,
where 5 corresponds to highly efficient, 4 to very efficient, 3 to efficient, 2 to
less efficient, and 1 to ineffective.
Range of Means and Level of Description for Independent and
Dependent Variables:
Ranges of Means Level of Description Meaning
This means that the
efficiency of the Lupong
Tagapamayapa in
4.30-5.00 Highly Efficient
promoting reconciliation
in Barangay Amorcruz,
Laak, Davao de Oro is
very much evident.
This means that the
efficiency of the Lupong
Tagapamayapa in
3.50-4.20 Very Efficient
promoting reconciliation
in Barangay Amorcruz,
Laak, Davao de Oro is
much evident.
This means that the
efficiency of the Lupong
Tagapamayapa in
2.70-3.40 Efficient
promoting reconciliation
in Barangay Amorcruz,
Laak, Davao de Oro is
moderately evident
This means that the
efficiency of the Lupong
Tagapamayapa in
1.90-2.60 Less Efficient
promoting reconciliation
in Barangay Amorcruz,
Laak, Davao de Oro is
less evident.
This means that the
efficiency of the Lupong
1.00-1.80 Ineffective
Tagapamayapa in
promoting reconciliation
in Barangay Amorcruz,
Laak, Davao de Oro is
not evident.
Data Gathering
To assess the efficiency of the Lupong Tagapamayapa in promoting
reconciliation among citizens in Barangay Amorcruz, Laak, Davao de Oro, a
systematic approach will be undertaken to gather relevant data.
Initially, formal permission will be sought from the Office of the
Barangay to access case records necessary for the study. Subsequently,
approval will be obtained from the Barangay Captain to conduct surveys
among cetizens. Written consent will then be obtained from respondents,
outlining the purpose, procedures, potential risks or benefits, and data
handling protocols to ensure confidentiality and privacy. Participants will be
selected using a random sampling method from the barangay's population.
The survey will primarily focus on assessing residents' perceptions and
experiences regarding the effectiveness of Lupong Tagapamayapa in
resolving conflicts and promoting reconciliation. A structured questionnaire,
informed by existing literature and expert advice, will be developed for this
purpose. This questionnaire will incorporate both closed-ended and Likert
scale questions to gather quantitative data. Trained surveyors will administer
the questionnaire to selected participants, ensuring confidentiality and
anonymity of responses.
Upon completion of data collection, responses will be compiled and
analyzed using statistical methods to determine the efficacy of Lupong
Tagapamayapa in fostering reconciliation among residents of Barangay
Amorcruz.
Statistical Tool
The data gathered were analyzed according to appropriate statistical
tools;
Mean - This will determine the average level of respondents'
agreement or disagreement regarding the efficiency of the Lupong
Tagapamayapa. By selecting the mean, we can easily evaluate and pinpoint
the areas of effectiveness or improvement.
Pearson-r - will be employed to assess the correlation between the
efficiency of Lupong Tagapamayapa in promoting reconciliation among
citizens within Barangay Amorcruz, Laak, Davao de Oro.
Ethical Consideration
Respect for Persons dictates that participants will be treated with
dignity and their rights will be respected throughout the study. This entails
obtaining informed consent from all participants, ensuring they understand
their right to withdraw from the study at any point. Regarding Consent,
participants will be provided with a comprehensive consent form detailing the
study's purpose, procedures, and any potential risks or benefits involved.
Before the commencement of data collection, written consent will be sought
from each participant to ensure clarity and comprehension. Beneficence is a
central principle, with the study aiming to benefit society by increasing
awareness of criminal law and its role in crime prevention. To minimize any
potential risks to participants, measures will be taken to maintain
confidentiality and provide support for any distress that may arise during their
participation.
Confidentiality measures will be rigorously upheld to protect
participants' privacy. This will involve the use of codes or pseudonyms instead
of actual names in any published results, along with secure storage of data
accessible only to authorized personnel. Finally, the principle of Justice will be
upheld through fair and unbiased participant selection processes. Every effort
will be made to include a diverse range of participants, ensuring the relevance
and applicability of the study's findings to a broader population.
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