News

Barangay justice eases court work load
By: Julie M. Aurelio
Philippine Daily Inquirer
November 02, 2007

THE CASE THAT REACHED Abui Sama Kasan was similar to many minor domestic problems that invariably reach the courts, clogging dockers, delaying the resolution of cases and, worse, keeping those awaiting final decisions in jail for prolonged periods.

A woman had complained to officials of Barangay Tamontaka in Maguindanao that her estranged husband had not provided child support since their separation.

Kasan, the barangay kagawad, heard the two sides and gave them two months to settle their personal issues, which they did without incurring the usual high cost of litigation if it was brought to court.

Increasingly, paralegal volunteers known as barangay justice advocates (BJASs) have been saving countless litigants scarce time and money.

In the long run, implementing such a mediation and conciliation system in over 40, 000 barangays would help ease courts dockets, says lawyer Rowena Morales.

Morales is consulting director of the Barangay Justice Service System (BJSS) of the Gerry Roxas Foundation. Begun in 1998, the BJSS is funded by the US Agency for International Development (US-AID).

The program is administered by the Department of Justice and the Department of Interior and Local Government. It is supported by the Supreme Court, which provides training, and sees it as a major help in easing a backlog of court cases.

Currently, there is no BJSS program in Metro Manila. Priority is given to far-flung areas.

Cauldron of subcultures

“Metro Manila is a cauldron of subcultures. The barangays in the provinces need this kind of programs more. Compared to the rural barangays, the barangays in Metro Manila are relatively well-off,” Morales notes.

Since its inception in 1998, the GRF has trained thousands of BJAs all over the country, 10, 074 of whom are concentrated in Mindanao.

But Morales estimates that the BJSS coverage is greater because of the “trickle-down effect” on nearby barangays. “We initially train a core group of trainors, who will then train volunteer residents to undertake actual dispute or assist the parties in looking for options to resolve their dispute,” she explains in a phone interview.

Program manager Edwin Golosino says difficult cases are referred to concerned agencies or courts.

Training

The BJAs are required to undergo training for eight days on Katarungan Pambarangay law, basic counseling and mediation skills, alternative modes of dispute resolution, and the shari’a law.

To aid in settling family and inter-neighbor conflicts, the program includes a paralegal course on the Bill of Rights, family laws, Revised Penal Code, and laws on obligations and contracts.

Morales notes that a BJA need not be of high social standing within the community, nor a minimum educational requirement is needed. “A lot of people in the community are quite willing to do their part in maintaining the peace,” she says. Most of the BJAs are ordinary residents, teachers, policemen and employees.

In Mindanao, for example, where the BJSS is currently based, most of the conflicts concern property, theft, slander, elopement and physical injuries.

Serving as buffer

Such is the effect of having the BJAs to serve as a buffer, Golosino says, that their skills help avert violence between families.

He, however, recognizes their limitations. They can only assist in the resolution of the civil liability of a dispute, not its criminal aspects.

“Crimes against the state, murder and rape will have to be handled by the country’s police system,” Golosino adds.

There is no monetary gain, but volunteers take pride in their task. “It’s the community that ‘authorizes’ them because of the respect they have earned, some barangay officials even prefer being called. It’s a kind of prestige for them,” Golosino says.

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