barangay hrba in providing access to justice edtd
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BARANGAY HRBA
IN PROVIDING
ACCESS TO
JUSTICEAtty. Anita M. Chauhan,Ph.D.
Regional Human Rights Director
CHR Region 1
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TOPICS
FOR
DISCUSSION
Hrba : an effective
approach TO ACCESS
JUSTICE
AT THE BARANGAY
BARANGAY-BASED
INSTITUTIONS AS
MECHNISMS TO
ACCESS JUSTICE
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Hrba : an effectiveapproach To ACCESS
JUSTICE
AT THE BARANGAY
HRBA : WHAT IS
IT? What is ACCESS
TO JUSTICE?
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yIt is a
mainstreamingprocess to link
human rights to
development.
HUMANRIGHTS Development
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It is a conceptual framework for the
process of human development that isnormatively based on international human
rights standards
Central to HRBA is the PROTECTIONand REALIZATION of HUMAN RIGHTS
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7IHRN
A human rights-based approach
(HRBA) is a process which applies a
number of core principles aimed at
ensuring the full enjoyment of all
human rights by all. Full enjoyment of HR is
both the goal and the means of
development
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5 CORE PRINCIPLES of HRBA
1. Expressly apply the intl legal
framework
2. Empowerment3. Participation
4. Non-discrimination & vulnerable
groups5. Accountability
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1. Expressly apply the Intl legal framework
The nature of the obligation as a party to a HRtreaty Respect, Protect, fulfil, encourage
Universality and inalienability of HR
Indivisibility, Interdependence and Inter-
relatedness
Immediate obligations (ensure core minimum,
take steps, non-discrimination) - progressive
realisation to maximum of available resources
MDGs 2015?????????
Standards are made by states & evolving
State & non-state actors
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2. Empowerment
Not charity
Treaty obligation to actively inform the public
regarding the content of the HR treaties, Treatybodies, availability of remedies etc
Empowerment a precondition for participation
Requires education, information, expectation
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3. Participation
The right to active, free & meaningfulparticipation:
A means (process) and an end in itself
A composite right - Freedom of expression, assembly,
association, right to vote, stand for election, participatein ones development
Who participates? How, On what issues?, at what
stages?, with access to what information? To what
degree of influence?
Who decides the answers to these questions? and
how?
Concept of rights-holder
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4. Non-Discrimination & Vulnerable
groups
Equality and non-discrimination
Disaggregation of data by gender, race,
religion, age, etc
Vulnerability a fluid concept
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5. Accountability: legal & political
Due process rights, equality before thelaw, access to justice
Right to effective remedies: judicial,
administrative Rt to Participate e.g M&E of
development plans, Access toinformation
Clarity re duties and duty-holders Justiciability of E SC rights Obligation to protect HR Defenders
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Whats new in HRBA?
1. Development programming framed by
Intl Human Rights law and informed at allstages by recommendations ofinternational human rights bodies and
mechanisms2. Needs assessment & analysis identifies
root causes for non-realisation of rights
3. Programmes build capacities of rightsholders
4. Monitoring & evaluation of outcomes& processes is guided by human rights
standards & principles
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Legal Foundations of HRBA
International HRLaws UN Declaration on the
Right To Development
UDHR 8 Core International
Human Rights Treaties
National Philippine Constitution
Nationallaws
Policiesand Issuances
LocalLegislation
NORMATIVE
CONTENT
STATE
OBLIGATIONS
HUMANRIGHTS
PRINCIPLES
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HUMAN RIGHTSHUMAN RIGHTS
United Nations Definition
Those rights, which areinherent in our nature andwithout which we cannot live
as human beings.
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State Obligations in Human Rights
Sources:
Ratified internationalHR and IHLTreaties
PhilippineConstitution
Nationaland Local
Laws
Policiesand Issuances
RESPECT
PROTECTFULFILL
STATEOBLIGATIONS:
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Human Rights ObligationsHuman Rights Obligations
Duty-bearers obligation toDuty-bearers obligation to
RespectRespect ProtectProtect FulfillFulfill
prevent othersfrom interfering
with the
enjoyment of a
right
prevent othersfrom interfering
with the
enjoyment of a
right
refrain from
interfering with
the enjoyment of
the right
refrain from
interfering with
the enjoyment of
the right
adoptappropriatemeasures towards
full realization of
the right
adoptappropriatemeasures towards
full realization of
the right
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Normative Content of
Human RightsSources
Treaty provisions
Comments ofTreaty Bodies
The Governing
Laws
FREEDOMSENTITLEMENTS
of a particularright
Minimum Core Content
Principle of Progressive realization
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2 21
Development is an inalienable right
y UN Declaration on the Right to Development
Article I
1. The right to development is an inalienable human right by
virtue of which every human person and all peoples are
entitled to participate in,contribute to, and enjoy
economic, social, cultural and political development, in
which all human rights and fundamental freedoms can be
fullyrealized.
The Right ToDevelopment
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DevelopmenthasaDevelopmenthasa
human face.human face.UN Declaration on the Right To Development
Article 2
y1. The human person isthe central
subject of developmentand should
be the active participantand
beneficiary ofthe rightto
development.5
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What is development from a rights
perspective?
A Comprehensive Economic, Social,
Cultural and Political process
aimed at
constant
improvement ofthe self-being of
the entire
population and
of all individuals
based on theiractive, free and
meaningful
participation in
development &fair distribution
of resulting
benefits
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What is governance?
"governance" means:the process of
decision-making and the process by
which decisions are implemented (ornot implemented). Governance can beused in several contextssuchas corporate
governance, international governance, nationalgovernance and local governance.
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Characteristics of Good Governance
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The Core Purpose of Governance from the
Rights Perspective
PRIVATESECTOR
HUMAN
DEVELOPMENT
IN
WHICH HUMAN
RIGHTS & BASICFREEDOMS ARE
REALIZED
CIVIL
SOCIETYGOVERNMENT
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HumanDevelopmentin which human
rights and
fundamental
freedoms are
realized
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DEVELOPMENT PLANNING FUNCTIONSDEVELOPMENT PLANNING FUNCTIONS
PROGRAMMING
PLANNING
MONITORING/
EVALUATION
BUDGETING
IMPLEMENTATION
HR Duty Holders and
Rights Claimholders
HR PrinciplesHR Normative
Content (Norms and
Standards)
State Obligations
Peoples
Participation
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RIGHTS BASED DEVELOPMENT PROGRAMMING
HUMAN RIGHTS PRINCIPLES
HR CONCEPTS OF DUTY-
HOLDERS CLAIMHOLDERSHR STANDARDS:INTERNATIONAL/NATIONAL
LEVELS OF STATE OBLIGATIONS
HR NORMATIVE CONTENT
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HRBA challenges
Full implementation of a HRBA faces important challenges
regarding:
Sensitivity of human rights and questioning of
power relationships
Obstacles to active, free and meaningful
participation of most disadvantaged groups
Financial and time constraints to ensuredevelopment results
Need to strengthen existing human rights
framework
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Lessons Learned
A HRBA can help to do better development, and it is
relatively simple to apply in programming, but:
A HRBA is still an approach in the making, although increasingly concrete
(UN Common Understanding 2003)
A HRBA does not guarantee the realisation of human rights: Realising
human rights requires both willingness and capacity: A HRBA seeks to
develop capacities (e.g. UNDP), human rights monitoring to promote
willingness (e.g. CCPR, OHCHR).
A HRBA requires practitioners deeper understanding of (a) impact of
inequalities on development, (b) human rights norms and (c) conflict
management
A HRBA calls for developing practitioners mediation and communication
skills, particularly with most disadvantaged groups
The implementation of a HRBA demands improving existing tools (e.g.
logical frameworks, programming guidelines, indicator systems)
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UNDP defines accessto justiceas:
The ability of people to seek and
obtain a remedy through formal
or informal institutions of justice,
and in conformity with humanrights standards.
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Legal Empowerment
(Demand for remedies)
- Legal awareness
- Legal aid and counsel
-Other empowerment-relatedcapacities (etc. security,
financial risk)
Normative Protection
(InternationalLaw, Constitution, Laws &Regulations, CustomaryLaw, Jurisprudence)
SUBSTANTIVE
MODEL
Access to justice = ability of people to seek and obtain a remedy
respectful of basic human rights
Definition
Scope of
analysis
Provision of Effective
Remedies (Supply of
remedies)
- Adjudication mechanisms
(formal and traditional)
-Enforcement (police,
prisons)
-Civil society oversight
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GRIEVANCE
NAMING
BLAMING
CLAIMING
NORMATIVE PROTECTION
LEGALAWARENESS
LEGALAIDAND
COUNSEL
ADJUDICATION
ENFORCEMENT
AND CIVIL
SOCIETY
OVERSIGHT
ENFORCING
WINNINGRISK = 0
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BARANGAYBASED
INSTITUTIO
NS
B B d I tit ti /
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Barangay-Based Institutions/
Offices as Mechanisms for
Access to Justice
BHRA
CLUPONG
TAGAPAMAYAPA
BCPC
SANGGUNIANG
BRGY
BRGY
DEVELOPMENT
COUNCIL
BARC
OFFICE OF
BRGY
CAPTAIN
LEGAL
PROTECTION
LEGAL
AWARENESS
LEGAL AI
D &COUNSEL
ADJUDICATION
ENFORCEMENT AND
CIVIL SOCIETY
OVERSIGHT
TRIBAL
COUNCIL
Brgy
ASSEMBLY
SangguniangKabataan
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Brgy. Chief
Executive
Brgy. Magistrate of
Lupong Tagapamayapa
PresidingOfficer,Sangguniang
Pambarangay
the Barangay
Chairman is
President,
Speaker and
Chief Justice, the
greatest
functionary IN
GOVERNMENT
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Powers,Dutiesand Functions of
Barangay Captain
LawEnforcement
and peace andorder officer ofthe barangay
Barangay
Contract
Negotiator
Presiding
Officer and
AppointingAuthority
Disaster
Manager
BarangayGeneralWelfare
Officer
Sports
Officer
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Explanatoryslides
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LGU ROLES under the Local
Government Code(Sec.16)1.the preservation and
enrichment of culture
2.promote health andsafety
3. enhance the right of
the people to abalanced ecology,
4.encourage and support
the development ofappropriate and self-reliant scientific andtechnological
capabilities,
5.improve public morals,
6.enhance economicprosperity and socialjustice,
7. promote fullemployment amongtheir residents,
8. maintain peace and
order, and
9.preserve the comfortand convenience oftheir inhabitants.
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LGC SEC. 17. Basic Services and Facilities. - (a)Local
government unitsshall endeavor to be self-reliantand
shall continue exercising the powersand discharging
the dutiesand functions currently vested upon them.
Theyshallalso discharge the functionsand
responsibilities of nationalagenciesand offices
devolved to them pursuantto this Code.Localgovernment unitsshalllikewise exercise such other
powersand discharge such other functionsand
responsibilitiesasare necessary, appropriate, or
incidentalto efficient and effective provision of thebasic services and facilities enumerated herein.
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BOOK IIILOCAL GOVERNMENT UNITSTITLE ONE. - THE BARANGAY
CHAPTER 1 -ROLE AND CREATION OF THE
BARANGAY
SEC. 384. Role of the Barangay. - As the basic political unit,
the barangay serves as the primary planning and implementingunit of government policies, plans, programs, projects, andactivities in the community, and as a forum wherein thecollective views of the people may be expressed, crystallizedand considered, and where disputes may be amicably settled.
i h i f
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SEC. 388. Persons in Authority. - For purposes ofthe Revised Penal Code, the punong barangay,sangguniang barangay members, and members of the
lupong tagapamayapa in each barangay shall be deemedas persons in authorityin their jurisdictions, while other
barangay officials and members who may be designatedby law or ordinance and charged with the maintenance
of public order, protection and security of life andproperty, or the maintenance of a desirable and balancedenvironment, and any barangay member who comes tothe aid of persons in authority, shall be deemed agents of
persons in authority.
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(b) Such basic services and facilities include, butare not limited to, the following:
(1)For a Barangay:
(i) Agricultural support serviceswhich includeplanting materials distribution system and
operation of farm produce collection and buyingstations;
(ii) Health and social welfare serviceswhichinclude maintenance of barangay health centerand day-care center;
(iii) Services and facilities related to generalhygiene and sanitation, beautification, and solid waste
collection;
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(iv) Maintenance of katarungang pambarangay;
(v) Maintenance of barangay roadsand bridgesandwater supplysystems
(vi) Infrastructure facilitiessuchas multi- purpose
hall, multipurpose pavement, plaza, sports center,
and other similar facilities;
(vii) Information and reading center;and
(viii) Satellite or public market, where viable;
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CHAPTER 3 - THE PUNONGBARANGAY
SEC. 389. ChiefExecutive:Powers, Duties, and Functions. - (a) The punong barangay,as the chief executive of the barangay government, shall exercise such powers and
perform such duties and functions, as provided by this Code and other laws.(b) For efficient, effective and economical governance, the purpose of which is the
general welfare of the barangay and its inhabitants pursuant to Section 16 of this Code,the punong barangay shall:(1) Enforce all laws and ordinances which are applicable within the barangay;(2) Negotiate, enter into, and sign contracts for and in behalf of the barangay, upon
authorization of the sangguniang barangay;(3) Maintain public order in the barangay and, in pursuance thereof, assist the city or
municipal mayor and the sanggunian members in the performance of their duties andfunctions;(4) Call and preside over the sessions of the sangguniang barangay and the barangay
assembly, and vote only to break a tie; (5) Upon approval by a majority of all the
members of the sangguniang barangay, appoint or replace the barangay treasurer, thebarangay secretary, and other appointive barangay officials;(6) Organize and lead an emergency group whenever the same may be necessary for the
maintenance of peace and order or on occasions of emergency or calamity within thebarangay;
(7) In coordination ith the baranga de elopment co ncil prepare the
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(7) In coordination with the barangay development council, prepare theannual executive and supplemental budgets of the barangay;(8) Approve vouchers relating to the disbursement of barangay funds;(9) Enforce laws and regulations relating to pollution control and protection
of the environment;(10) Administer the operation of the Katarungang Pambarangay inaccordance with the provisions of this Code;(11) Exercise general supervision over the activities of the sangguniang
kabataan;(12) Ensure the delivery of basic services as mandated under Section 17 of this
Code;(13) Conduct an annual palarong barangay which shall feature traditional
sports and disciplines included in national and international games, incoordination with the Department of Education, Culture and Sports;(14) Promote the general welfare of the barangay; and
(15) Exercise such other powers and perform such other duties and functionsas may be prescribed by law or ordinance.(b) In the performance of his peace and order functions, the punong barangay
shall be entitled to possess and carry the necessary firearm within histerritorial jurisdiction, subject to appropriate rules and regulations.
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The Role of Brgy Capt under RA
9262SECTION 14. Barangay Protection Orders (BPOs); Who May Issue andHow. - Barangay Protection Orders (BPOs) refer to the protection orderissued by the PunongBarangayordering the perpetrator to desist fromcommitting acts under Section 5 (a) and (b) of this Act. A PunongBarangaywho receives applications for a BPO shall issue the protectionorder to the applicant on the date of filing afterex parte determination ofthe basis of the application. If the PunongBarangayis unavailable to acton the application for a BPO, the application shall be acted upon by anyavailable Barangay Kagawad. If the BPO is issued by a BarangayKagawadthe order must be accompanied by an attestation by theBarangay Kagawadthat the PunongBarangaywas unavailable at thetime for the issuance of the BPO. BPOs shall be effective for fifteen (15)
days. Immediately after the issuance of an ex parte BPO, the PunongBarangay orBarangay Kagawadshall personally serve a copy of thesame on the respondent, or direct any barangay official to effect ispersonal service.
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Duties of Brgy Officials under RA 9262
SECTION 30. Duties ofBarangay Officials andLaw Enforcers. Barangayofficials and law enforcers shall have the following duties:(a) respond immediately to a call for help or request for assistance or protectionof the victim by entering the necessary whether or not a protection order hasbeen issued and ensure the safety of the victim/s;(b) confiscate any deadly weapon in the possession of the perpetrator or withinplain view;(c) transport or escort the victim/s to a safe place of their choice or to a clinic or
hospital;(d) assist the victim in removing personal belongs from the house;(e) assist the barangay officials and other government officers and employeeswho respond to a call for help;(f) ensure the enforcement of the Protection Orders issued by the PunongBarangayor the courts;(g) arrest the suspected perpetrator wiithout a warrant when any of the acts ofviolence defined by this Act is occurring, or when he/she has personal
knowledge that any act of abuse has just been committed, and there is imminentdanger to the life or limb of the victim as defined in this Act; and(h) immediately report the call for assessment or assistance of the DSWD, socialWelfare Department of LGUs or accredited non-government organizations(NGOs).Any barangay official or law enforcer who fails to report the incident shall beliable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or wheneverapplicable criminal, civil or administrative liability.
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Prohibited Acts of Brgy. Officials
under RA 9262
SECTION 33. ProhibitedActs. A PunongBarangay,Barangay Kagawador the court hearing an applicationfor a protection order shall not order, direct, force or inany way unduly influence the applicant for a protection
order to compromise or abandon any of the reliefssought in the application for protection under this Act.Section 7 of the Family Courts Act of1997 and Sections410, 411, 412 and 413 of the Local Government Code of1991 shall not apply in proceedings where relief is
sought under this Act.Failure to comply with this Section shall render theofficial or judge administratively liable.
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Sangguniang Barangay asan HRBA
Mechanism for Accessto Justice
CHAPTER 3. - LOCALLEGISLATIONSEC. 48. LocalLegislative Power.- Local
legislative power shall be exercised by thesangguniang panlalawigan for the province;the sangguniang panlungsod for the city; thesangguniang bayan for the municipality; and
the sangguniang barangay for thebarangay.
CHAPTER 4 THE SANGGUNIANG BARANGAY
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CHAPTER 4 - THE SANGGUNIANG BARANGAY
SEC. 390. Composition. - The sangguniang barangay, the legislative body of thebarangay, shall be composed of the punong barangay as presiding officer, and
the seven (7) regular sangguniang barangay members elected at large andsangguniang kabataan chairman, as members.
SEC. 391.Powers, Duties, and Functions. - (a) The sangguniang barangay, asthe legislative body of the barangay, shall:(1) Enact ordinances as may be necessary to discharge the responsibilities
conferred upon it by law or ordinance and to promote the general welfare of theinhabitants therein;
(2) Enact tax and revenue ordinances, subject to the limitations imposed in thisCode;
(3) Enact annual and supplemental budgets in accordance with the provisionsof this Code;
(4) Provide for the construction and maintenance of barangay facilities andother public works projects chargeable to the general fund of the barangay or
such other funds actually available for the purpose;
(5) Submit to the sangguniang panlungsod or sangguniang bayan such
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(5) Submit to the sangguniang panlungsod or sangguniang bayan suchsuggestions or recommendations as it may see fit for the improvement ofthe barangay or for the welfare of the inhabitants thereof;(6) Assist in the establishment, organization, and promotion of cooperative
enterprises that will improve the economic condition and well-being of theresidents;(7) Regulate the use of multi-purpose halls, multi- purpose pavements,
grain or copra dryers, patios and other post-harvest facilities, barangaywaterworks, barangay markets, parking areas or other similar facilitiesconstructed with government funds within the jurisdiction of the barangay
and charge reasonable fees for the use thereof;(8) Solicit or accept monies, materials and voluntary labor for specific
public works and cooperative enterprises of the barangay from residents,land owners, producers and merchants in the barangay; monies fromgrants-in-aid, subsidies, contributions, and revenues made available to the
barangays from national, provincial, city or municipal funds; and moniesfrom other private agencies and individuals: Provided, however, Thatmonies or properties donated by private agencies and individuals forspecific purposes shall accrue to the barangay as trust fund;
(9) Solicit or accept in any or all the foregoing public works and
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(10) Provide compensation, reasonable allowances or per diems aswell as travel expenses for sangguniang barangay members andother barangay officials, subject to the budgetary limitations
prescribed under Title Five, Book II of this Code: Provided,however, That no increase in the compensation or honoraria of thesangguniang barangay members shall take effect until after theexpiration of the full term of all members of the sangguniang
barangay approving such increase;
(9) Solicit or accept, in any or all the foregoing public works andcooperative enterprises, such cooperation as is made available bynational, provincial, city, or municipal agencies established by lawto render financial, technical, and advisory assistance to
barangays and to barangay residents: Provided, however, That insoliciting or accepting such cooperation, the sangguniang
barangay need not pledge any sum of money for expenditure inexcess of amounts currently in the barangay treasury or
encumbered for other purposes;
(11) Hold fund raising activities for barangay projects without the need of
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(12) Authorize the punong barangay to enter into contracts in behalf of the
barangay, subject to the provisions of this Code;(13) Authorize the barangay treasurer to make direct purchases in an amountnot exceeding One thousand pesos (P1,000.00) at any one time for theordinary and essential administrative needs of the barangay;(14) Prescribe fines in amounts not exceeding One thousand pesos
(P1,000.00) for violation of barangay ordinances;
(11) Hold fund-raising activities for barangay projects without the need ofsecuring permits from any national or local office or agency. The proceedsfrom such activities shall be tax-exempt and shall accrue to the general fundof the barangay: Provided, That in the appropriation thereof, the specific
purpose for which such fund-raising activity has been held shall be firstsatisfied: Provided, further, That no fund-raising activities shall be heldwithin a period of sixty(60) days immediately preceding and after anational or local election, recall, referendum, or plebiscite: Provided, finally,That said fund-raising activities shall comply with national policy standardsand regulations on morals, health, and safety of the persons participating
therein. The sangguniang barangay, through the punong barangay, shallrender a public accounting of the funds raised at the completion of theproject for which the fund-raising activity was under- taken;
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(18) Adopt measures to prevent and control theproliferation of squatters and mendicants in the
barangay;
(15) Provide for the administrative needs of thelupong tagapamayapa and the pangkat ng
tagapagkasundo;(16) Provide for the organization of community
brigades, barangay tanod, or community service units as may be necessary;
(17) Organize regular lectures, programs, orfora on community problems such assanitation, nutrition, literacy, and drug abuse,and convene assemblies to encourage citizen
participation in government;
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(19) Provide for the proper development and welfare of childrenin the barangay by promoting and supporting activities for theprotection and total development of children, particularly those
below seven (7) years of age;(20) Adopt measures towards the prevention and eradication of
drug abuse, child abuse, and juvenile delinquency;(21) Initiate the establishment of a barangay high school,
whenever feasible, in accordance with law;(22) Provide for the establishment of a non-formal education
center in the barangay whenever feasible, in coordination withthe Department of Education, Culture and Sports, ;(23) Provide for the delivery of basic services; and
(24) Exercise such other powers and perform such other dutiesand functions as may be prescribed by law or ordinance.
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SEC. 392. Other Duties of Sangguniang Barangay
Members. - In addition to their duties as members of thesangguniang barangay, sangguniang barangay membersmay:(a) Assist the punong barangay in the discharge of his
duties and functions;
(b) Act as peace officers in the maintenance of publicorder and safety; and(c) Perform such other duties and functions as the punong
barangay may delegate.
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Brgy. Development Councilas
HRBA Mechanism to Access Justice
TITLE SIX. - LOCAL DEVELOPMENT COUNCILS
SEC. 106. LocalDevelopmentCouncils. - (a)
Each local government unit shall have acomprehensive multisectoral development planto be initiated by its development council andapproved by its sanggunian. For this purpose,the development council at the provincial city,
municipal, orbarangaylevel, shall assist thecorresponding sanggunian in setting thedirection of economic and social development,and coordinating development efforts within itsterritorial jurisdiction.
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SEC. 107. CompositionofLocalDevelopmentCouncils. - The composition ofthe local development council shall be as follows:
(a) Thebarangay development council shall be headed bythe punong barangay and shall be composed of the following members:
(1) Members of the sangguniang barangay;(2) Representatives of non-governmental organizations operating in the
barangay, who shall constitute not less than one fourth (1/4) of the members ofthe fully organized council;(3) A representative of the congressman.
(b) The barangay development council shall exercise the following functions:(1) Mobilize people's participation in local development efforts;
(2) Prepare barangay development plans based on local requirements;(3) Monitor and evaluate the implementation of national or local programs andprojects; and(4) Perform such other functions as may be provided by law or competent
authority.
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Barangay Assemblyas HRBA Mechanism to
Access Justice atthe Barangay
SEC. 398.PowersoftheBarangayAssembly. - Thebarangay assembly shall:(a) Initiate legislative processes by recommending to the
sangguniang barangay the adoption of measures for thewelfare of the barangay and the city or municipalityconcerned;(b) Decide on the adoption of initiative as a legal process
whereby the registered voters of the barangay may directly
propose, enact, or amend any ordinance; and(c) Hear and pass upon the semestral report of thesangguniang barangay concerning its activities andfinances.
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Katarungang Pambarangay as
HRBA Mechanism to Access JusticeSEC. 402.Functions of the Lupon. - The lupon shall:
(a) Exercise administrative supervision over the conciliation panelsprovided herein;
(b) Meet regularly once a month to provide a forum for exchange ofideas among its members and the public on matters relevant to theamicable settlement of disputes, and to enable various conciliationpanel members to share with one another their observations andexperiences in effecting speedy resolution of disputes; and
(c) Exercise such other powers and perform such other duties andfunctions as may be prescribed by law or ordinance.
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Role ofKatarungang Pambarangay under RA
9344,Juvenile Justice and Welfare Act
SEC. 24. Stages Where Diversion
May be Conducted. - Diversion
may be conducted at the
Katarungang Pambarangay, the
police investigation or the inquest
or preliminary investigation stage
and at all 1evels and phases of the
proceedings including judicial level.
B C il f th P t ti f Child
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Barangay Council for the Protection of Children
as HRBA Mechanism to Access JusticePD603 Art. 87. Council for the Protection of
Children. - Every barangay council shallencourage the organization of a local Council forthe Protection of Children and shall coordinate
with the Council for the Welfare of Children andYouth in drawing and implementing plans forthe promotion of child and youth welfare.Membership shall be taken from responsiblemembers of the community including arepresentative of the youth, as well asrepresentatives of government and privateagencies concerned with the welfare of childrenand youth whose area of assignment includesthe particular barangay and shall be on a purely
voluntary basis.
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BCPC R l d RA9344 h
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BCPC Role under RA9344, the
Juvenile Justice and Welfare Act
CHAPTER 2DIVERSIONSEC. 23. System ofDiversion. - Children in conflict withthe law shall undergo diversion programs without
undergoing court proceedings subject to the conditionsherein provided:(a) Where the imposable penalty for the crime committee isnot more than six (6) years imprisonment, the lawenforcement officer or Punong Barangay with theassistance of the local social welfare and development
officer or other members of the LCPC shall conductmediation, family conferencing and conciliation and, whereappropriate, adopt indigenous modes of conflict resolutionin accordance with the best interest of the child with a viewto accomplishing the objectives of restorative justice andthe formulation of a diversion program. The child and
his/her family shall be present in these activities.
Th S i K b
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The Sangguniang Kabataan as
HRBA Mechanism To Access Justice
SEC. 17. The
Sangguniang Kabataan. -
The Sangguniang
Kabataan (SK) shallcoordinate with the LCPC
in the formulation and
implementation of juvenile
intervention and diversionprograms in the community.