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This thesis evaluates the efficiency of the Lupong Tagapamayapa in promoting reconciliation among citizens in Barangay Amorcruz, Laak, Davao de Oro, focusing on its conflict resolution capabilities and challenges. It highlights the importance of effective decision-making, impartiality, and training for Lupon members, while addressing issues such as inadequate training and reluctance of parties to participate in conciliation. The study aims to provide insights into the effectiveness of the Lupong Tagapamayapa and its impact on community harmony, using a combination of quantitative methods to assess its performance.

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0% found this document useful (0 votes)
40 views44 pages

Res1 Back Up

This thesis evaluates the efficiency of the Lupong Tagapamayapa in promoting reconciliation among citizens in Barangay Amorcruz, Laak, Davao de Oro, focusing on its conflict resolution capabilities and challenges. It highlights the importance of effective decision-making, impartiality, and training for Lupon members, while addressing issues such as inadequate training and reluctance of parties to participate in conciliation. The study aims to provide insights into the effectiveness of the Lupong Tagapamayapa and its impact on community harmony, using a combination of quantitative methods to assess its performance.

Uploaded by

JaiJai Abella
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

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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