CRI 161: Intro.

to Philippine CJS
Module # 20 Teacher’s Guide

Name:____________________________________________________________ Class number: _______

Section: ____________ Schedule: _____________________________________ Date:_______________

Lesson Title: The Barangay Justice System and Restorative Materials: Ballpen, Paper,
Justice Notebook & SAS

Learning Targets: Reference: References: Lesson 1,

Chapter VIII Pages 182 – 187,
At the end of the module, students will be able to: Introduction to Philippine Criminal
Justice System. Franchette
1. Explain the concept of Katarungang Pambarangay; and
Monique I. Abalde and Gerry J.
2. Identify the cases covered by the jurisdiction of the barangay Caño
justice system; and
Lesson 1 & 2, Chapter IX, Pages
3. Discuss the concept of restorative justice. 214 – 225, Introduction to Philippine
Criminal Justice System.
Franchette Monique I. Abalde and
Gerry J. Caño

Textbook:

Abalde, F.A. and Caño, G.J. (2019).

Introduction to Philippine Criminal
Justice System. Rex Book Store
Inc.

A. LESSON PREVIEW/REVIEW
Introduction (2 mins)
How are you today? I hope you’re all well. Today, our topic is all about, “Restorative
Justice and The Barangay Justice System.” This time, we will try to uncover
another justice system which is also very essential in the administration of justice. We
will start as to how the Restorative and Barangay Justice System works together. Are
you ready? Alright, let’s begin and learn.

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 CRI 161: Intro. to Philippine CJS
Module # 20 Teacher’s Guide

Name:____________________________________________________________ Class number: _______

Section: ____________ Schedule: _____________________________________ Date:_______________

B. MAIN LESSON

What is Katarungang Pambarangay?

Katarungang Pambarangay is a system of dispute resolution
instituted in all barangays in the Philippines that seeks to promote,
among others, the speedy administration of justice, by providing all
avenues to an amicable settlement, thereby considerably reducing the
dockets in our courts of justice.
What body is tasked by law to administer the Katarungang
Pambarangay?
The Lupong Tagapamayapa. It is the body organized in every barangay composed of the Barangay
Captain as Chairman and not less than ten (10) nor more than twenty (20) members from which the
members of every Pangkat shall be chosen. Although the Lupon, as a whole, does not facilitate mediation
or conciliation proceedings, the members of the Pangkat which conducts mediation or conciliation
sessions are chosen from the members of the Lupon.
The Lupon may be assisted by the Provincial Legal Officer, City Legal Officer, Municipal Legal Officer,
and/or Public Prosecutor on matters involving questions of law necessary in the administration of the
Katarungang Pambarangay.
What are the three components of the Katarungang
Pambarangay?
• The Katarungang Pambarangay is said to have three
components:
(A) the Lupong Tagapamayapa;
(B) the Pangkat ng Tagapagsundo; and
(C) the Legal Advisers.

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 CRI 161: Intro. to Philippine CJS
Module # 20 Teacher’s Guide

Name:____________________________________________________________ Class number: _______

Section: ____________ Schedule: _____________________________________ Date:_______________

What are the cases cognizable by the Lupon?

Under section 408 of the Local Government Code (RA 7160), the
Lupon of each Barangay shall have jurisdiction to amicably settle all disputes
between parties residing in the same city or municipality EXCEPT:
a. Where one party is the government or any subdivision or instrumentality
thereof;
b. Where one party is a public officer or employee, and the dispute relates
to the performance of his official functions;
c. Offenses punishable by imprisonment exceeding one (1) year or a fine
exceeding Five Thousand (Php5,000.00) Pesos;
d. Offenses where there is no offended party;
e. Where the dispute involves real properties located in different cities or municipalities unless the parties
thereto agree to submit their differences to amicable settlement by appropriate lupon;
f. Disputes involving parties who actually reside in different barangays of different cities and municipalities
except where such barangay units adjoin each other and the parties thereto agree to submit their
differences to amicable settlement by appropriate lupon; and,
g. Such other classes of disputes which the President may determine in the interest of justice or upon
recommendation by the Secretary of Justice.
Based on the 10 year report to the DILG on Katarungang Pambarangay Law, the types of cases
brought before the lupon are as follows:
A. Criminal cases:
(1) Physical injuries; (2) Slander; (3) Threats; (4) Robbery; (5) Theft; (6) Drug Abuse; (7) Damage to
property;(8) Estafa; (9)Trespassing; (10) Coercion; and (11) Unjust vexation.
B. Civil cases: (1) Ejectment; (2) Family or marital problems; (3) Collections of Debts or Rentals; (4)
Breach of contract; (5) Damages; (6) Demand for specific performance of obligation arising from
contracts.
What will happen if the settlement effort succeeds or fails?
If settlement is reached, the case may no longer be elevated to court. If it fails, a corresponding
Certification to File Action (CFA) will be issued by the appropriate Barangay Authority and the case
may be filed with the court.
Who shall issue the Certificate to File Action?
1. Lupon Secretary and attested by the Lupon Chairman (Punong Barangay) - certifying that: [a] A
confrontation of the parties has taken place and that a conciliation settlement has been reached; [b] BUT
the same has been subsequently repudiated;
2. Pangkat Secretary and attested by the Pangkat Chairman certifying that: [a] a confrontation of the
parties took place but no conciliation/settlement has been reached; OR [b] that no personal confrontation
took place before the Pangkat through no fault of the complainant.

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 CRI 161: Intro. to Philippine CJS
Module # 20 Teacher’s Guide

Name:____________________________________________________________ Class number: _______

Section: ____________ Schedule: _____________________________________ Date:_______________

Restorative justice is a process where the party in a particular

offense, victims, offenders and community come together to
resolve collectively how to deal with the aftermath of an offense
and its implications in the future. It also embraces a wide range
of human emotions including healing, mediation, compassion,
forgiveness, mercy, and reconciliation.
Under restorative justice, victims and offenders assume each
other’s responsibilities. This process involves the notion of
reparation at the center and not punishment. Understanding
Restorative Justice can be done through many ways, but there
is one popular strategy called ERET. ERET is an acronym
where each letter stands for a concept in restorative justice.

“E” stands for Empowerment

where the empowerment of the
parties involved in the wrong
committed is emphasized.
“T” stands for
Transformation which “R” stands for Repair
refers to the fundamental where justice requires
changes in people, the repairing of the harm
relationships and caused by the crime.
communities as a whole.

“E” stands for encounter,

where it is emphasized that
the best way to determine
how to do that is to have the
parties decide together is
settling its disputes.

Other experts enumerated four characteristics of a Restorative Program or the Four Key Values

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 CRI 161: Intro. to Philippine CJS
Module # 20 Teacher’s Guide

Name:____________________________________________________________ Class number: _______

Section: ____________ Schedule: _____________________________________ Date:_______________

of the Restorative Program:

1. Encounter - this is created when the victims, offenders and community members who voluntarily meet
to discuss the crime and its effect or aftermath. The elements of encounter are: meeting, narrative,
emotion, understanding and agreement.
2. Amends - this is done when the offender takes the necessary steps to repair the harm that they have
caused and inflicted. The four elements of making amends are: apology, changed behavior, restitution
and generosity.
3. Reintegration – it aims to restore victims and offenders as a whole. The elements of reintegration are:
acknowledging human dignity and worth, providing material assistance and offering moral spiritual
direction.
4. Inclusion – it creates opportunities for the parties with a price for a specific crime to participate in its
resolution. Examples of inclusions are: invitation, acknowledgement that each individual is unique and
has different views, and that he or she may want some other alternative ways or approaches.

Bible - God is just when he intervenes in the lives of those unprivileged, specially orphans and widowed
to save them for the abuses and injustice made by men (Deut. 10:18).

Mark Yantzi - teenagers to meet directly with their victims following a vandalism act and agreed to
restitution.

Family Group Conference - children being removed from their homes by the courts (not really
restorative in approach but regarded as family process).

International Institute for Restorative Justice - developed a comprehensive framework that expands
the restorative paradigm far beyond its origins in criminal justice.

Skill-Building Activity: This is a self-assessment; you have to answer the question

honestly. After that check your answers against the Answer Key found at the end of this
SAS.

3.1 Let us try to understand if the following scenario falls within the authority of the Lupon.
Provide a check (/) on the space provided if you think it falls under the Lupon or mark (x) if you think it
does not fall within the jurisdiction of the Lupon.

SCENARIO ANSWER
1.Arbitrary Detention
2. Damages
3. Drug abuse

4. Family or Marital Problems

5. Issue with Water District

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 CRI 161: Intro. to Philippine CJS
Module # 20 Teacher’s Guide

Name:____________________________________________________________ Class number: _______

Section: ____________ Schedule: _____________________________________ Date:_______________

6. Physical Injury
7. Rental problem
8.Selling of dangerous drugs
9.Slander
10. Breach of contract

3.2 Mr. X filed a complaint against Mr. Y before the Barangay. The Punong Barangay issued a CFA
certifying that the case “may now be filed in court because the defendant refused to appear before him
despite repeated invitations”. Is the issuance of CFA proper? Why? Limit your answer to five (5)
sentences only. Write it on the space provided.

ANSWER:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
____________________________________________________________________________

Check for Understanding: In this activity, let us identify whether the following
characteristics of RJ pertains to Encounter, Amend, Reintegration and
Inclusion. Write your answers in the second column. (10 points)

ANSWER

1. Agreement
2. Apology
3. Behavior Change

4. Emotion

5. Generosity

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 CRI 161: Intro. to Philippine CJS
Module # 20 Teacher’s Guide

Name:____________________________________________________________ Class number: _______

Section: ____________ Schedule: _____________________________________ Date:_______________

6. Human dignity and worth

7. Individuals are unique and has different views

8. Individuals have alternative ways or approaches

9. Invitation

10. Meeting

C.LESSON WRAP-UP

1. Q1. When did the concept of restorative justice originate?

Answer: In the modern context, restorative justice originated in the 1970s as mediation or reconciliation
between victims and offenders. In 1974, Mark Yantzi, a probation officer in Elmira, Ontario, Canada
arranged for two teenagers to meet directly with their victims following a vandalism spree and agree to
restitution.
2. Q2. Is it not that there is a prohibition to settle criminal cases?
Answer: Yes, there is a prohibition but there is no obstacle to settle disputes. The framers of the
Katarungang Pambarangay Law consciously use the word “dispute” rather than “case” in its provisions.
Only those that were filed in court are categorized as “cases” while those filed or referred in the Barangay
are considered “disputes”.

Thinking About Learning

Work Tracker
You are done with this session! Let’s track your progress. Shade the session
number you just completed today and that is Day 20 under P3.

Answer Key:
Suggested Answer on Skill-Building Activity 3.1
x
/
/

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 CRI 161: Intro. to Philippine CJS
Module # 20 Teacher’s Guide

Name:____________________________________________________________ Class number: _______

Section: ____________ Schedule: _____________________________________ Date:_______________

/
x
/
/
x
/
/
Suggested Answer on Skill-Building Activity 3.2
Rationale: Not proper. It is mandatory for the Punong Barangay to constitute the Pangkat.

Suggested Answer on Check For Understanding

1. Encounter
2. Amend
3. Amends
4. Encounter
5. Amend
6. Reintegration
7. Inclusion
8. Inclusion
9. Inclusion
10. Encounter

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