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Compliance of The Lupong Tagapamayapa in The Municipality of Balayan, Batangas

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Asia Pacific Journal of Education, Arts and Sciences, Volume 7, No.

3, July 2020
__________________________________________________________________________________________________________________
Asia Pacific Journal of
Compliance of the Lupong Tagapamayapa in Education, Arts and Sciences
the Municipality of Balayan, Batangas Vol. 7 No.3, 14-20
July 2020
Joel T. Arada, Ma. Rosario B. Tamayo (DPA) P-ISSN 2362-8022
Public Administration Department, College of Education, Arts and E-ISSN 2362-8030
Sciences, Lyceum of the Philippines University, Batangas City, Philippines www.apjeas.apjmr.com
chery_tamayo@yahoo.com.ph ASEAN Citation Index

Date Received: November 17, 2019; Dare Revised: June 15, 2020
Abstract –The study aimed to assess the promulgated in 1978, and making the justice system
implementation of the Lupong tagapamayapa in more responsive to the needs of the communities [2].
Balayan, Batanga with regards to composition, process The revisions of the “Katarungang Pambarangay”
of selection and functions, identify problems Law expanded the jurisdiction of the Katarungang
encountered in the compliance. Descriptive type of Pambarangay in a wide range of cases and made some
research was utilized in the study. Findings revealed minor procedural changes to the law. The Katarungang
that Lupong Tagapamayapa in the Municipality of Pambarangay was devolved to the local government
Balayan with regards to composition, functions and units (LGUs). Every city/municipality is now
procedures is highly complied with, scheduling of both mandated by law to provide the necessary budgetary
parties is the problem encountered in the outlay for the efficient administration and
implementation of Lupong Tagapamayapa, there is a implementation of the Kararungang Pambarangay.
significant difference in the implementation of Lupong Katarungang Pambarangay was introduced in 1978
Tagapamayapa when respondents were grouped for resolution of local level disputes to free the courts
according to category. Difference of responses on the with cases, and provide justice to the poor. Its aim is
level of implementation when grouped according to not to judge but to assist. Meanwhile the Filipino phrase
barangay is not significant. On the other hand, there is “Lupong tagapamayapa” simply means “ Group of
a significant difference in the problems encountered Pacifiers” or “ Pacifying Committee” in English. As its
when grouped according to Barangay and category. nomenclature clearly indicates, the purpose of the
Keywords –compliance, lupong tagapamayapa, lupong tagapamayapa or “Lupon” is peacekeeping in
composition nature, or douse cold water to whatever trouble may be
brewing within the barangay. It is the barangay court,
INTRODUCTION but is not a court of justice. The perpetuation and
The Local Government Code of 1991 (RA 7160) official recognition of the time honored tradition of
took effect on January 1, 1992 [1]. It included amicably setting the disputes among family and
provisions for the “Katarungang Pambarangay”. The barangay level without judicial recourse would promote
Katarungang Pambarangay or the Barangay Justice the speedy administration of justice and implement the
System (BJS) is an extra governmental mechanism constitutional, mandate to preserve and develop Filipino
aimed at perpetuating the time honored tradition of culture and to strengthen the family as a basic social
amicably setting interpersonal disputes in a community institution [3].
without recourse to the formal legal system of The Lupong tagapamayapa is an administrative
confrontational social behavior. The central feature body created by law to operationalize the barangay
system is the Lupong tagapamayapa, a community justice system which is better known as the
based conflict resolution effort that is highly supportive Katarungang Pambarangay. It is not in legal
of the notions of social ordering and human contemplation, a court (DOJ Opinions No. 95, s. 1981
development. While the speedy administration of justice and No. 43, s,1982). The Lupon or its chairman and the
is the immediate concern of the Katarungang pangkat do not try cases and decide cases which are the
Pambarangay, of equal importance is leadership essence of the jurisdiction vested upon on court of law
building and community empowerment as the effects [4].
of institutionalizing the system. The BJS was Through the efforts of the barangay dispute
institutionalized through presidential decree 1508, mediator councils or Lupong tagapamayapa all over the
country, the government saved an estimated 23 billion

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Arada et al., Compliance of the LupongTagapamayapa in the Municipality of Balayan, Batangas
__________________________________________________________________________________________________________________
in adjudication cost. Adjudication is the legal process Participants of the Study
by which a judge reviews the evidence and arguments Participants of the study were the residents of the
presented by opposing parties. For each legal cases, the three(3) largest barangays in Balayan, Batangas and the
adjudication cost is Php 9,500.00. Panadero, members of the Lupon ng Tagapamayapa in the
Department of Interior and Local Government selected barangays. The residents were selected by
Undersecretary said that in 2010, lupons have saved the using 1% margin of error and 99% confidence level.
government Php 2,356,286.000.00 by settling 2,49,030
disputes that would have otherwise been directly filed Research Instrument
in the courts had the councils not intervened. The study made use of a self-made questionnaire
Balayan is a 1st class municipality in the 1st patterned from similar studies. Part I of the
District of Batangas Province cradling both flourishing questionnaire discussed the profile of the respondents,
agricultural and industrial communities. The town is part II tackled the compliance of Lupong tagapamayapa
constituted of 48 barangays with a population of as regards to composition function and procedures
81,805, according to the 2010 census. It was the cradle while part III talked about the problems encountered in
of Christianity and seat of civilization in the region the implementation of Lupong tagapamayapa.
during the early centuries. Although Parada ng Lechon
Procedure
is its most celebrated event, Bagoong is Balayan’s
The research started at the time the researchers
recognized main product. The intense political situation
formulated a title together with its objectives and
in the Municipality of Balayan could lead to heated
rationale. The internet and the SHL Media Center were
arguments and conflict. Assessment in the
utilized for the initial data gathering. After that, the
implementation of Lupong tagapamayapa is in order to
researcher continued the study by adopting the literature
address whatever conflict and situation that may
of every objective and its corresponding references.
possibly arise.
To know the quantity of the total respondents
This study investigated the implementation of
needed, the researcher requested the Planning
Lupong tagapamayapa in the municipality of Balayan
Department of Balayan Municipal Hall for the furnished
to improve the conciliation process and propose an
copies of the population of the three largest barangay
ordinance that will enhance the implementation of
total populations were presented to the statistician for
Lupong tagapamayapa.
the computation of the total respondents and the
statistical tools to be used in the analysis of data.
OBJECTIVES OF THE STUDY
The study aimed to assess the implementation of the Data Analysis
Lupong tagapamayapa in Balayan, Batangas. The data gathered were tabulated, tallied and
Specifically, it sought to determine the level of interpreted using descriptive statistics. Weighted mean
compliance of the Lupong Tagapamaya with regard to was used to assess the level of implementation of
composition, process of selection and functions, Lupong tagapamayapa and the problems encountered in
identify problems encountered in the compliance, test the implementation while ANOVA with Post Hoc Test
the difference in the implementation and problems was used to determine the significant difference on the
encountered when respondents were grouped according level of implementation between the residents and
to category and barangay. officials of the selected barangays. All data was
computed using PASW version to further analyze the
METHODS results.
Research Design The given scale was used to interpret the level of
The study utilized the descriptive method of compliance of the Lupong tagapamayapa: Legend: 3.50
research to assess the compliance of Lupong – 4.00 = Highly Complied (HC); 2.50 – 3.49 =
tagapamayapa in Balayan, Batangas. Descriptive Complied (C); 1.50 – 2.49 = Less Complies (LC); 1.00
research is concerned with the description of data and – 1.49 = Not Complied (NC); for the problems
characteristics about a population. The goal is the encountered, the given scale was used: 3.50 – 4.00 =
acquisition of factual, accurate and systematic data that Strongly Agree (SA); 2.50 – 3.49 = Agree (A); 1.50 –
can be used in averages, frequencies and similar 2.49 = Disagree (D); 1.00 – 1.49 = Strongly Disagree
statistical calculations. (SD)

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Asia Pacific Journal of Education, Arts and Sciences, Volume 7, No. 3, July 2020
Arada et al., Compliance of the LupongTagapamayapa in the Municipality of Balayan, Batangas
__________________________________________________________________________________________________________________
Table 1. Level of Compliance of the Lupong tagapamayapa with Regards to Composition
Lupon Member Community Member Over-all
WM VI R WM VI R WM VI R
1. The punong barangay will act as a
3.84 HC 4 3.99 HC 4 3.91 HC 4
Chairman
2. The Lupong tagapamayapa is composed
3.80 HC 5 3.99 HC 4 3.90 HC 5
of 10-20 members
3. The Lupong tagapamayapa has Lupong
3.92 HC 2.5 3.99 HC 4 3.96 HC 2.5
Secretary
4. There are three (3) members of the
pangkatngtagapagkasundo chosen by the
3.92 HC 2.5 4.00 HC 1.5 3.96 HC 2.5
parties in case disputes were not resolved
by lupon.
5. There are Chairman and Secretary of
4.00 HC 1 4.00 HC 1.5 4.00 HC 1
PangkatngTagapagkasundo
Composite Mean 3.90 HC 3.99 HC 3.95 HC
RESULTS AND DISCUSSION table shows that the over-all level of assessment was
highly complied obtaining a composite mean of 3.82.
Table 1 shows that there is high level of compliance Both group of respondents ranked first the item “to
of the Lupong tagapamayapa with regards to enable various conciliation panel members to share with
composition with a composite mean of 3.95. Both group one another their observations and experiences in
of respondents assessed as highly complied that there effecting speedy resolution of disputes and exercise
are chairman and secretary of Pangkat ng such other powers and perform such other duties and
Tagapagkasundo and having three (3) members of the functions as may be prescribed by law or ordinance”
Pangkat Tagapagkasundo chosen by parties in disputes (3.92 and 3.88) followed by “Exercise administrative
is also highly conplied. supervision over the conciliation panels (3.88 and 3.82).
Chapter 7, Section 399 of the Local Government The lowest mean was obtained by item on “Meet
Code of 1991 stipulated that, it is hereby created in each regularly once a month to provide a forum for exchange
barangay a Lupong tagapamayapa, which is composed of ideas among its members and the public on matters
of a chairman and secretary of Pangkat ng relevant to the amicable settlement of disputes”.
LupongTagapagkasundo. The Lupon shall be Functions of the Lupon are incorporated in
constituted every three (3) years in the manners Republic Act 7160. According to study [4], it is
provided by law. It is pursuant to the said provision to indispensable for officers of every organization to have
have a concrete number of lupon members as well as knowledge of their functions so as to discharge and
mandating itself to have a lupon secretary. The results effectuate the true intentions for which they came into
indicate that both group of respondents are aware of the existence. From the table, the over-all assessment of
said provision, reason why it is highly complied in the the respondents was highly implemented. Result
Barangays. indicates that members of the lupon are aware of their
However, item on “Punong Barangay will act as duties and functions as stipulated in the law. It further
chairman and Lupong tagapamayapa is composed of cited a study funded by USAID, where 38,008
10-20 members got the lowest mean score of 3. 97 and barangays of the total 39,721 barangays at the time have
rated the least, though assessed positively. The result a Lupong Tagapamayapa in place. “The intrinsic worth
is similar to the study conducted [5], which indicates on the other hand measures the success of KP in terms
the busy schedule of the Barangay Chairman that is why of behavioral changes in the community, and the access
he is not able to perform his function as Chairman of of vulnerable groups and form of security, dispute
the Lupon. With regards to the composition of the resolution and justice apart from its role in de-clogging
Lupon, number of members vary depending on the court dockets. It may be observed that while the total
number of population in the Barangay. Barangays with number of cases filed before the Lupon surged and
bigger population has 10 members, while those with dropped over time, the number of settled cases
smaller population has 6. significantly shadowed the trend.
Table 2 presents the level of compliance of the
Lupong tagapamayapa with regards to functions. The

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Asia Pacific Journal of Education, Arts and Sciences, Volume 7, No. 3, July 2020
Arada et al., Compliance of the LupongTagapamayapa in the Municipality of Balayan, Batangas
__________________________________________________________________________________________________________________
Table 2. Level of Compliance of the LupongTagapamaya with Regards to Functions
Lupon Member Community Member Over-all
WM VI R WM VI R WM VI R
1. Exercise administrative supervision over
3.88 HC 2 3.86 HC 1 3.87 HC 2
the conciliation panels.
2. Meet regularly once a month to provide a
forum for exchange of ideas among its
members and the public on matters 3.84 HC 3 3.58 HC 3 3.71 HC 3
relevant to the amicable settlement of
disputes.
3. To enable various conciliation panel
members to share with one another their
observations and experiences in effecting
speedy resolution of disputes and 3.92 HC 1 3.84 HC 2 3.88 HC 1
exercise such other powers and perform
such other duties and functions as may
be prescribed by law or ordinance.
Composite Mean 3.88 HC 3.76 HC 3.82 HC

Table 3. Level of Compliance of the LupongTagapamaya with Regards to Procedures


Lupon Member Community Member Over-all
WM VI R WM VI R WM VI R
1. Any cases falling within the jurisdiction of the
lupon is filed by any individual who has a 3.88 HC 4.5 3.60 HC 8 3.74 HC 8
cause of action against another individual.
2. The Lupon Chairman (punong barangay)
3.92 HC 2.5 3.83 HC 3 3.88 HC 2
conducts mediation proceeding.
3. The Lupon Chairman upon the receipt of
complaint, within the next working day,
3.96 HC 1 3.92 HC 1 3.94 HC 1
summon the respondent(s) with notice to the
complainant(s) for them and their witnesses.
4. If his mediation effort fails, he immediately set
3.88 HC 4.5 3.72 HC 7 3.80 HC 6
a date for the formation of the pangkat.
5. The pangkat convenes not later than three days
3.92 HC 2.5 3.82 HC 4 3.87 HC 3
from its constitution.
6.The pangkat hears both parties and their
witnesses, simplify issues and explore all 3.84 HC 6.5 3.81 HC 5 3.82 HC 5
possibilities for amicable settlement.
7. The pangkat issues summon for the personal
3.76 HC 8 3.79 HC 6 3.78 HC 7
appearance of parties and witness before it.
8.The pangkat decides the disputes in fifteen days
3.84 HC 6.5 3.87 HC 2 3.86 HC 4
subject to extension for meritorious grounds.
Composite Mean 3.88 HC 3.80 HC 3.84 HC
The number of settled cases has been significantly day, summon the respondent(s) with notice to the
higher than those which have ended up in court (i.e. complainant(s) for them and their witnesses (3.96 and
certified cases). It was further added that the 3.92). The Lupon members ranked second “the Lupon
“KatarunganPambarangay” can claim success in Chairman conducts mediation proceeding” and “the
meeting its purpose of reducing the courts’ dockets. pangkat convenes not later than three (3) days after its
It can be gleaned from the result of Table 3 that the constitution” both obtaining a weighted mean score of
Compliance of Lupong tagapamayapa with regards to 3.92.
procedures is highly implemented. It obtained a On the other hand, community members ranked
composite mean score of 3.84. Both group of second and third the items “Thepangkat decides the
respondents ranked first the item “The Lupon Chairman disputes in fifteen days subject to extension for
upon the receipt of complaint, within the next working meritorious grounds” and “The Lupon Chairman

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Asia Pacific Journal of Education, Arts and Sciences, Volume 7, No. 3, July 2020
Arada et al., Compliance of the LupongTagapamayapa in the Municipality of Balayan, Batangas
__________________________________________________________________________________________________________________
(punong barangay) conducts mediation proceeding” [6], meeting with the barangay and persons involved
with a weighted mean score of 3.87 and 3.83, needs a lot of patience. As experienced by Lupon
respectively. members, there should be a schedule of meeting. Both
The lowest mean score from the members of the parties usually have different free hours and
Lupon was obtained by the items “The pangkat issues consequently postponed the same.
summon for the personal appearance of parties and This findings is supported by the study that the
witness before it (3.76), followed by “Thepangkat hears number one problem in the compliance of Lupong
both parties and their witnesses, simplify issues and tagapamayapa in KumintangIbaba, Batangas City is the
explore all possibilities for amicable settlement” and scheduling of both parties. It was claimed by the
“Thepangkat decides the disputes in fifteen days subject Luponmembers that they are assuming their functions to
to extension for meritorious grounds” both obtaining a exercise administrative supervision over personal
weighted mean score of 3.84. Meanwhile, community matters [5], [7].
members gave the lowest mean score to the item “Any This findings further supports the studies conducted
cases falling within the jurisdiction of the Lupon is filed that non-appearance of respondents during hearings
by any individual who has a cause of action against insufficient knowledge and skills among Lupon
another individual” (3.60) and “If his mediation effort members on the KP Law and on mediation and
fails, he immediately set a date for the formation of the conciliation is an issue and problems in UP Campus [7].
pangkat” (3.72). In study stated that the community On the other hand, compadre system was the least
people are very aware and well informed of their rights among the rank which implies that it causes very
as a citizen in case of misconduct and misbehavior of minimal problem. This findings is similar to the study
another person against him and his property as well. conducted of Macalalad [5] that compadre system is
Community recognized the role of the Barangay as a seldom a problem in KumintangIbaba as community
powerful institution in authority to settle their disputes members recognize the equality and impartiality among
against their neighbors. He further stated that according individuals to preserve the dignity fairness and justice.
to Rule 8 on pre-conditioned for forward adjudication, As seen from Table 5, all computed p-values of
no individual may go directly to court or to any other 0.000, 0.026 and 0.002 were all less than 0.05 level of
government office falling with the authority of the significance, thus the null hypothesis of no significant
Punong Barangay. Results indicate that residents of the difference on the level of compliance of Lupong
Municipality of Balayan respect the law on Barangay tagapamayapa when grouped according to category is
Justice System and believes in the compliance of rejected. This means that the level of implementation of
Lupong tagapamayapa [6]. Lupon Member and Community member varies as to
Scheduling of both parties ranked first in the composition, functions and procedures. The reason for
problems encountered in the compliance of Lupong this could be the number of Lupon member varies
tagapamayapa as presented in Table 4. It obtained a according to the number of total population. Also the
weighted mean score of 3.54 and interpreted as Strongly Lupon has more knowledge with regards to the real
Agree by the respondents. This was followed by poor composition of the Lupon.
coordination of both parties (229). According to study

Table 4. Problems Encountered in the Compliance of Lupong tagapamayapa


Lupon Member Community Member Over-all
WM VI R WM VI R WM VI R
1. Scheduling of both parties 3.24 A 1 3.84 SA 1 3.54 SA 1
2. Poor coordination of parties 3.04 A 2 1.53 D 2 2.29 D 2
3. Compadre system 2.76 A 3.5 1.22 D 3 1.99 D 3
4. Lack of information of some members
2.76 A 3.5 1.14 D 4.5 1.95 D 4
about the lupontagapamayapa
5. The rules and regulations are not known
by the members of lupon and the 2.44 D 5 1.14 D 4.5 1.79 D 5
community
6. Lack of cooperation between the parties 2.36 D 6 1.13 D 6 1.74 D 6
7. Political influence 1.64 D 7 1.12 D 7 1.38 SD 7
Composite Mean 2.61 A 1.59 D 2.10 D

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Asia Pacific Journal of Education, Arts and Sciences, Volume 7, No. 3, July 2020
Arada et al., Compliance of the LupongTagapamayapa in the Municipality of Balayan, Batangas
__________________________________________________________________________________________________________________
Table 5. Difference of Responses on the Level of Compliance of the LupongTagapamaya when Grouped
According to Category
Category N Mean t-value p-value Interpretation
Lupon Member 25 3.90 27.892 0.000 Highly Significant
Composition
Community Member 154 3.99
Lupon Member 25 3.88 5.027 0.026 Significant
Functions
Community Member 154 3.76
Lupon Member 25 4.00 10.305 0.002 Significant
Procedures
Community Member 154 3.80
Legend: Significant at p-value < 0.05

Table 6. Difference of Responses Level of Compliance of the LupongTagapamaya when Grouped According
to Barangay
Barangay N Mean F-value p-value Interpretation
Baclaran 41 3.94 6.459 0.002 Significant
Composition San Piro 69 3.99
Navotas 69 4.00
Baclaran 41 3.72 1.488 0.229 Not Significant
Functions San Piro 69 3.79
Navotas 69 3.80
Baclaran 41 3.86 0.501 0.607 Not Significant
Procedures San Piro 69 3.86
Navotas 69 3.80
Legend: Significant at p-value < 0.05
They know who among the members of the Lupon Piro and Navotas. The result was supported using Post
perform their functions and who do not attend meetings Hoc Analysis with Scheffe method. The reason for this
and proceeding. They are more aware of the rules and could be the difference in the composition of Lupon in
procedures as they have attended trainings and different barangay.
workshops in relation to their duties as Lupon members. Result of Table 7 shows that only composition has
It can be observed from the table, that although both significant difference when grouped according to
group of respondents assessed the implementation of barangay. This was observed since the obtained p-value
the LupongTagapamaya in the Municipality of Balayan of 0.002 is less than 0.05 level of significance, thus the
in terms of composition, functions and procedures as hypothesis is rejected between the treated variables.
highly implemented, there is a difference in the This only indicates that the level of implementation of
weighted mean score obtained. barangay Baclaran differs with San Piro and
It can be gleaned from Table 6 that only NavotasTheresult was supported using Post Hoc
composition shows significant difference when grouped Analysis with Scheffe method.
according to barangay. This was observed since the Therefore, the null hypotheses that there is no
obtained p-value of 0.002 is less than 0.05 level of significant difference in the compliance and problems
significance, thus the hypothesis is rejected between the encountered when respondents were grouped according
treated variables. This only indicates that the level of to profile variables is rejected.
implementation of barangay Baclaran differs with San

Table 7. Difference of Responses on the Problems Encountered in the Compliance of Lupong tagapamayapa
When Grouped According to Barangay and Category
Profile Variables N Mean Computed value p-value Interpretation
Lupon Member 25 2.61 160.236 0.000 Highly Significant
Category
Community Member 154 1.59
Baclaran 41 1.77 0.212 0.810 Not Significant
Barangay San Piro 69 1.73
Navotas 69 1.70
Legend: Significant at p-value < 0.05
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Asia Pacific Journal of Education, Arts and Sciences, Volume 7, No. 3, July 2020
Arada et al., Compliance of the LupongTagapamayapa in the Municipality of Balayan, Batangas
__________________________________________________________________________________________________________________
CONCLUSION AND RECOMMENDATION
Lupong tagapamayapa in the Municipality of
Balayan with regards to composition, functions and
procedures is highly complied with. Scheduling of both
parties is the problem encountered in the implementation
of Lupong tagapamayapa. There is a significant
difference in the implementation of Lupong
tagapamayapa when respondents were grouped
according to category. Difference of responses on the
level of implementation when grouped according to
barangay is not significant. On the other hand, there is a
significant difference in the problems encountered when
grouped according to Barangay and category
It is recommended that the Lupong tagapamayapa
may visit the house of the complainant/s or respondent/s
who failed to attend the schedule hearing to expidite the
resolution of disputes. The Graduate School through its
Master and Doctor in Public Administration Programs
may conduct awareness seminars/lectures on the
composition, functions and procedures of the Lupong
tagapamayapa to both community andLupon members.
Future researches maybe conducted on the compliance
of LupongTagapamaya in other areas using other
variables.

REFERENCES
[1] Local Government Code of 1991 (RA 7160), url:
https://www.officialgazette.gov.ph/downloads/1991/10oct
/19911010-RA-7160-CCA.pdf
[2] Rojo, S. S. R. (2002). The Barangay Justice System In
The Philippines: Is It An Effective Alternative To
Improve Access To Justice For Disadvantaged People?.
[3] Nolledo, J. N. (Ed.). (1991). The 1991 Local Government
Code: With Basic Features. Rex Bookstore, Inc..
[4] N.A (1987 ) Gonzales v. Court of Appeals, 151 SCRA
287, 291-292
[5] Macalalad, M.G., Marcellana, C,V., Serrano, Y. P.,
Tamayo, M.R. B. (2013). Implementation of Lupong
tagapamayapa in KumintangIbaba, Batangas City,
Unpublished Thesis, Lyceum of the Philippines
University Batangas
[6] Bilog, F. E. (2011). The Barangay Justice System in
Laurel, Batangas: Inputs Towards Greater
Community Participation, Unpublished Thesis, Lyceum
of the Philippines University Batangas
[7] Ocampo, M. (2009), Understanding the
katarungnangpambarangay justice at the grassroots,
url:https://www.academia.edu/33968908/Understanding_t
he_Katarungang_Pambarangay_Justice_at_the_grassroots

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Asia Pacific Journal of Education, Arts and Sciences, Volume 7, No. 3, July 2020

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