BARANGAY HRBA

IN PROVIDING
ACCESS TO
JUSTICE
Atty. Anita M. Chauhan,Ph.D.
Regional Human Rights Director
CHR Region 1
 • Hrba : an effective
approach TO ACCESS
JUSTICE
TOPICS
AT THE BARANGAY
FOR
DISCUSSIO
N
BARANGAY-BASED
INSTITUTIONS AS
MECHNISMS TO
ACCESS JUSTICE
 Hrba : an effective
approach To ACCESS
JUSTICE
AT THE BARANGAY

HRBA : WHAT IS
IT? What is ACCESS
TO JUSTICE?
 It is a
mainstreaming
HUMAN
RIGHTS Development process to link
human rights
to
development.
• It is a conceptual framework for the
process of human development that is
normatively based on international human
rights standards

Central to HRBA is the PROTECTION

and REALIZATION of HUMAN RIGHTS
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

7IHRN
 5 CORE PRINCIPLES of HRBA
1. Expressly apply the int’l legal
framework
2. Empowerment
3. Participation
4. Non-discrimination & vulnerable
groups
5. Accountability

8IHRN
 1. Expressly apply the Int’l legal framework
• The nature of the obligation as a party to a HR
treaty – 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
9IHRN
 2. Empowerment
• Not charity

• Treaty obligation to actively inform the public

regarding the content of the HR treaties, Treaty
bodies, availability of remedies etc

• Empowerment a precondition for participation

• Requires education, information, expectation

10IHRN
 3. Participation
The right to ‘active, free & meaningful’
participation:
• A means (process) and an end in itself
• A composite right - Freedom of expression, assembly,
association, right to vote, stand for election, participate
in one’s 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?
11IHRN
• Concept of rights-holder
4. Non-Discrimination & Vulnerable
groups

• Equality and non-discrimination

• Disaggregation of data by gender, race,
religion, age, etc
• Vulnerability – a fluid concept

12IHRN
 5. Accountability: legal & political

• Due process rights, equality before the

law, access to justice
• Right to effective remedies: judicial,
administrative
• Rt to Participate e.g M&E of
development plans, Access to
information
• Clarity re duties and duty-holders
• Justiciability of E SC rights
• Obligation to protect HR Defenders
13IHRN
What’s new in HRBA?
 Legal Foundations of HRBA
• International HR
Laws
 UN Declaration on the
Right To Development NORMATIVE
 UDHR CONTENT
 8 Core International
Human Rights Treaties
HUMAN
• National STATE RIGHTS
OBLIGATIONS PRINCIPLES
 Philippine Constitution
 National laws
 Policies and Issuances
 Local Legislation
 HUMAN RIGHTS
• United Nations Definition

Those rights, which are

inherent in our nature and
without which we cannot live
as human beings.
State Obligations in Human Rights
Sources: STATE
OBLIGATIONS:
 Ratified international
HR and IHLTreaties
RESPECT
Philippine
Constitution
National and Local PROTECT
Laws FULFILL
Policies and Issuances
 Human
Human Rights
Rights Obligations
Obligations
Duty-bearer’s
Duty-bearer’s obligation
obligation to
to

Respect
Respect Protect
Protect Fulfill
Fulfill

refrain
refrainfrom
from
prevent others adopt
preventothers adoptappropriate
appropriate
interfering from
frominterfering
interfering measures
measures
interferingwith
with towards
the
theenjoyment
enjoymentof of
with
withthe
the towardsfull
full
the
theright
right
enjoyment
enjoymentof ofaa realization
realizationofofthe
the
right
right right
right
 Normative Content of
Human Rights
Sources
Treaty provisions
Comments of FREEDOMS
Treaty Bodies
ENTITLEMENTS
The Governing
Laws of a particular
right

Minimum Core Content

Principle of Progressive realization
The Right ToDevelopment

• Development is an inalienable right

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
2
fully realized. 21
 Development has a
human face.
UN Declaration on the Right To Development

Article 2
1. The human person is the central
subject of development and should be
the active participant and beneficiary
of the right to development.
5
 What is development from a rights
perspective?
A Comprehensive Economic, Social,
Cultural and Political process
based on their
active, free and
aimed at
meaningful
constant
participation in
improvement of
development &
the self-being of
fair distribution
the entire
of resulting
population and
benefits
of all individuals
 What is governance?
"governance" means: the process of
decision-making and the process by
which decisions are implemented (or
not implemented). Governance can be
used in several contexts such as corporate
governance, international governance, national
governance and local governance.
Characteristics of Good Governance
 The Core Purpose of Governance from the
Rights Perspective
HUMAN
CIVIL DEVELOPMENT
GOVERNMENT
SOCIETY IN

WHICH HUMAN
RIGHTS & BASIC
PRIVATE
FREEDOMS ARE
SECTOR
REALIZED
DEVELOPMENT
DEVELOPMENT PLANNING
PLANNING FUNCTIONS
FUNCTIONS

PROGRAMMING

HR Duty Holders and

Rights Claimholders
HR Principles
HR Normative
PLANNING Content (Norms and
BUDGETING
Standards)
State Obligations
People’s
Participation

MONITORING/
EVALUATION IMPLEMENTATION
 RIGHTS BASED DEVELOPMENT PROGRAMMING
      
 
      
   
      
    HUMAN RIGHTS PRINCIPLES
       HR CONCEPTS OF DUTY-

     HOLDERS CLAIMHOLDERS

      HR STANDARDS:

INTERNATIONAL/NATIONAL
      
    LEVELS OF STATE OBLIGATIONS

    HR NORMATIVE CONTENT

 
      
 
   
 
   
 
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 ensure

development results

 Need to strengthen existing human rights

framework
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)
UNDP defines “access to justice”
as:
The ability of people to seek and
obtain a remedy through formal
or informal institutions of justice,
and in conformity with human
rights standards.
 Definition of “Access to Justice”
Prior to applying a HRBA When applying a HRBA

Access to justice is people’s Access to justice is people’s

ability to use public and ability to seek and obtain
private justice services remedies respectful of basic
human rights, for grievances,
using formal or traditional justice
systems.
• Identifies justice with remedies, not simply with services

HRBA’s • Distinguishes supply and demand side of justice (different

ADDED capacities but both needed)
VALUE
• Explicit about the quality of justice (respectful of human
rights)

• Recognizes both formal and traditional justice mechanisms

 SUBSTANTIVE
MODEL
Scope of
analysis

Normative Protection
(International Law, Constitution, Laws &
Regulations, Customary Law, Jurisprudence)

Provision of Effective
Remedies (Supply of Legal Empowerment
remedies) (Demand for remedies)
- Adjudication mechanisms
(formal and traditional) - Legal awareness
- Legal aid and counsel
-Enforcement (police, -Other empowerment-related
prisons) capacities (etc. security,
-Civil society oversight financial risk)

Definition Access to justice = ability of people to seek and obtain a remedy

respectful of basic human rights
ENFORCEMENT NORMATIVE PROTECTION
AND CIVIL
SOCIETY GRIEVANCE
OVERSIGHT LEGAL
AWARENESS
ENFORCING
NAMING

WINNING BLAMING
RISK = 0

CLAIMING
ADJUDICATION
LEGAL AID AND
COUNSEL
BARANGAY
BASED
INSTITUTIO
NS
Barangay-Based Institutions/
Offices as Mechanisms for Brgy
ASSEMBL TRIBAL
Access to Justice Y
COUNCIL
Sangguniang
Kabataan
OFFICE OF BRGY
BRGY DEVELOPMENT
CAPTAIN COUNCIL
SANGGUNIANG
BRGY

BHRA
BCPC C
LUPONG BARC
TAGAPAMAYAP
A
ADJUDICATION
LEGAL
AWARENESS ENFORCEMENT AND
CIVIL SOCIETY
LEGAL LEGAL AID & OVERSIGHT
PROTECTION COUNSEL
the Barangay
Chairman is
President,
Speaker and
Chief Justice, the
greatest
functionary IN
GOVERNMENT
Powers,Duties and Functions of
Barangay Captain
Explanatory slides
 LGU ROLES under the Local
Government Code(Sec.16)
1.the preservation and 5.improve public morals,
enrichment of culture 6.enhance economic
2.promote health and prosperity and social
safety justice,
3. enhance  the right of 7. promote full
the people to a employment among
balanced ecology, their residents,
4.encourage and support 8. maintain peace and
the development of order, and
appropriate and self- 9.preserve the comfort
reliant scientific and and convenience of
technological their inhabitants.
capabilities,
LGC SEC. 17. Basic Services and Facilities. - (a) Local
government units shall endeavor to be self-reliant and
shall continue exercising the powers and discharging
the duties and functions currently vested upon them.
They shall also discharge the functions and
responsibilities of national agencies and  offices
devolved to them pursuant to this Code. Local
government units shall likewise exercise such other
powers and discharge such other functions and
responsibilities as are necessary, appropriate, or
incidental to efficient and effective provision of the
basic services and facilities enumerated herein.
BOOK III
LOCAL GOVERNMENT UNITS
TITLE 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 implementing
unit of government policies, plans, programs, projects, and
activities in the community, and as a forum wherein the
collective views of the people may be expressed, crystallized
and considered, and where disputes may be amicably settled.
SEC. 388. Persons in Authority. - For purposes of
the Revised Penal Code, the punong barangay,
sangguniang barangay members, and members of the
lupong tagapamayapa in each barangay shall be deemed
as persons in authority in their jurisdictions, while other
barangay officials and members who may be designated
by law or ordinance and charged with the maintenance
of public order, protection and security of life and
property, or the maintenance of a desirable and balanced
environment, and any barangay member who comes to
the aid of persons in authority, shall be deemed agents of
persons in authority.
(b)  Such basic services and facilities include, but
are not  limited to, the following:

(1)For a Barangay:
 
(i)Agricultural support services which include
planting materials distribution system and operation
of farm produce collection and buying
stations;

(ii) Health and social welfare services which

include maintenance of barangay health center and
day-care center;

(iii) Services and facilities related to general

hygiene and sanitation, beautification, and solid waste
collection;
(iv) Maintenance of katarungang pambarangay;

(v) Maintenance of barangay roads and bridges and

water supply systems

(vi) Infrastructure facilities such as 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;
 CHAPTER 3 - THE PUNONG BARANGAY
  SEC. 389. Chief Executive: 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 and
functions;
 (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, the
barangay 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 the
barangay;
 
(7) In coordination with the barangay development council, prepare the
annual 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 in
accordance 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, in
coordination 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 functions
as 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 his
territorial jurisdiction, subject to appropriate rules and regulations.
 The Role of Brgy Capt under RA
9262
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and
How. - Barangay Protection Orders (BPOs) refer to the protection order
issued by the Punong Barangay ordering the perpetrator to desist from
committing acts under Section 5 (a) and (b) of this Act. A Punong
Barangay who receives applications for a BPO shall issue the protection
order to the applicant on the date of filing after ex parte determination of
the basis of the application. If the Punong Barangay is unavailable to act
on the application for a BPO, the application shall be acted upon by any
available Barangay Kagawad. If the BPO is issued by a Barangay
Kagawad the order must be accompanied by an attestation by the
Barangay Kagawad that the Punong Barangay was unavailable at the
time for the issuance of the BPO. BPOs shall be effective for fifteen (15)
days. Immediately after the issuance of an ex parte BPO, the Punong
Barangay or Barangay Kagawad shall personally serve a copy of the
same on the respondent, or direct any barangay official to effect is
personal service.
 Duties of Brgy Officials under RA 9262
SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay
officials and law enforcers shall have the following duties:
(a) respond immediately to a call for help or request for assistance or protection
of the victim by entering the necessary whether or not a protection order has
been issued and ensure the safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the perpetrator or within
plain 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 employees
who respond to a call for help;
(f) ensure the enforcement of the Protection Orders issued by the Punong
Barangay or the courts;
(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of
violence 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 imminent danger 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, social
Welfare Department of LGUs or accredited non-government organizations
(NGOs).
Any barangay official or law enforcer who fails to report the incident shall be
liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever
applicable criminal, civil or administrative liability.
 Prohibited Acts of Brgy. Officials
under RA 9262
SECTION 33. Prohibited Acts. – A Punong Barangay,
Barangay Kagawad or the court hearing an application
for a protection order shall not order, direct, force or in
any way unduly influence the applicant for a protection
order to compromise or abandon any of the reliefs
sought in the application for protection under this Act.
Section 7 of the Family Courts Act of 1997 and Sections
410, 411, 412 and 413 of the Local Government Code of
1991 shall not apply in proceedings where relief is sought
under this Act.
Failure to comply with this Section shall render the official
or judge administratively liable.
Sangguniang Barangay as an HRBA
Mechanism for Access to Justice

CHAPTER 3. - LOCAL LEGISLATION

SEC. 48. Local Legislative Power. - Local
legislative power shall be exercised by the
sangguniang panlalawigan for the province;
the sangguniang panlungsod for the city; the
sangguniang bayan for the municipality; and
the sangguniang barangay for the
barangay.
CHAPTER 4 - THE SANGGUNIANG BARANGAY

SEC. 390. Composition. - The sangguniang barangay, the legislative body of the
barangay, shall be composed of the punong barangay as presiding officer, and
the seven (7) regular sangguniang barangay members elected at large and
sangguniang kabataan chairman, as members.

SEC. 391. Powers, Duties, and Functions. - (a) The sangguniang barangay, as
the 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 the
inhabitants therein;

 (2) Enact tax and revenue ordinances, subject to the limitations imposed in
this Code;

 (3) Enact annual and supplemental budgets in accordance with the provisions
of this Code;

 (4) Provide for the construction and maintenance of barangay facilities and
other 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
suggestions or recommendations as it may see fit for the improvement of
the 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 the
residents;
 (7) Regulate the use of multi-purpose halls, multi- purpose pavements,
grain or copra dryers, patios and other post-harvest facilities, barangay
waterworks, barangay markets, parking areas or other similar facilities
constructed 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 from
grants-in-aid, subsidies, contributions, and revenues made available to the
barangays from national, provincial, city or municipal funds; and monies
from other private agencies and individuals: Provided, however, That
monies or properties donated by private agencies and individuals for
specific purposes shall accrue to the barangay as trust fund;
 
(9) Solicit or accept, in any or all the foregoing public works and
cooperative enterprises, such cooperation as is made available by
national, provincial, city, or municipal agencies established by law
to render financial, technical, and advisory assistance to barangays
and to barangay residents: Provided, however, That in soliciting or
accepting such cooperation, the sangguniang barangay need not
pledge any sum of money for expenditure in excess of amounts
currently in the barangay treasury or encumbered for other
purposes;
(10)Provide compensation, reasonable allowances or per diems as
well as travel expenses for sangguniang barangay members and
other 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 the
sangguniang barangay members shall take effect until after the
expiration of the full term of all members of the sangguniang
barangay approving such increase;
  (11) Hold fund-raising activities for barangay projects without the need of
securing permits from any national or local office or agency. The proceeds
from such activities shall be tax-exempt and shall accrue to the general fund
of the barangay: Provided, That in the appropriation thereof, the specific
purpose for which such fund-raising activity has been held shall be first
satisfied: Provided, further, That no fund-raising activities shall be held
within a period of sixty (60) days immediately preceding and after a
national or local election, recall, referendum, or plebiscite: Provided, finally,
That said fund-raising activities shall comply with national policy standards
and regulations on morals, health, and safety of the persons participating
therein. The sangguniang barangay, through the punong barangay, shall
render a public accounting of the funds raised at the completion of the
project for which the fund-raising activity was under- taken;

(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 amount
not exceeding One thousand pesos (P1,000.00) at any one time for the
ordinary 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;
 
(15) Provide for the administrative needs of the
lupong 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, or
fora on community problems such as
sanitation, nutrition, literacy, and drug abuse,
and convene assemblies to encourage citizen
participation in government;
(18) Adopt measures to prevent and control the
proliferation of squatters and mendicants in the
barangay;
 
(19) Provide for the proper development and welfare of children
in the barangay by promoting and supporting activities for the
protection 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 with
the Department of Education, Culture and Sports, ;
 (23) Provide for the delivery of basic services; and
 (24) Exercise such other powers and perform such other duties
and functions as may be prescribed by law or ordinance.
SEC. 392. Other Duties of Sangguniang Barangay
Members. - In addition to their duties as members of the
sangguniang barangay, sangguniang barangay members
may:
 (a) Assist the punong barangay in the discharge of his
duties and functions;
 (b) Act as peace officers in the maintenance of public
order and safety; and
 (c) Perform such other duties and functions as the punong
barangay may delegate.
 Brgy. Development Council as
HRBA Mechanism to Access Justice
TITLE SIX. - LOCAL DEVELOPMENT COUNCILS
 
SEC. 106. Local Development Councils. - (a)
Each local government unit shall have a
comprehensive multisectoral development plan
to be initiated by its development council and
approved by its sanggunian.  For this purpose,
the development council at the provincial city,
municipal, or barangay level, shall assist the
corresponding sanggunian in setting the
direction of economic and social development,
and coordinating development efforts within its
territorial jurisdiction.
SEC. 107. Composition of Local Development Councils. - The composition of
the local development council shall be as follows:
 
    (a)  The barangay development council shall be headed by
the 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 of
the 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 and
projects; and
 (4) Perform such other functions as may be provided by law or competent
authority.
 Barangay Assembly as HRBA Mechanism to
Access Justice at the Barangay

SEC. 398. Powers of the Barangay Assembly. - The

barangay assembly shall:
 (a) Initiate legislative processes by recommending to the
sangguniang barangay the adoption of measures for the
welfare of the barangay and the city or municipality
concerned;
 (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 the
sangguniang barangay concerning its activities and
finances.
 
 Katarungang Pambarangay as
HRBA Mechanism to Access Justice
SEC. 402. Functions of the Lupon. - The lupon shall:

(a)Exercise administrative supervision over the conciliation panels

provided herein;

 (b) Meet regularly once a month to provide a forum for exchange of

ideas among its members and the public on matters relevant to the
amicable settlement of disputes, and to enable various conciliation
panel members to share with one another their observations and
experiences in effecting speedy resolution of disputes; and

 (c) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.
Role of Katarungang 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.
Barangay Council for the Protection of Children
as HRBA Mechanism to Access Justice
PD603 Art. 87. Council for the Protection of
Children. - Every barangay council shall
encourage the organization of a local Council for
the Protection of Children and shall coordinate
with the Council for the Welfare of Children and
Youth in drawing and implementing plans for
the promotion of child and youth welfare.
Membership shall be taken from responsible
members of the community including a
representative of the youth, as well as
representatives of government and private
agencies concerned with the welfare of children
and youth whose area of assignment includes
the particular barangay and shall be on a purely
voluntary basis.
 Functions of BCPC
Said Council shall:
(1) Foster the education of every child in the barangay; (2) Encourage the
proper performance of the duties of parents, and provide learning
opportunities on the adequate rearing of children and on positive parent-
child relationship;
(3) Protect and assist abandoned or maltreated children and dependents;
(4) Take steps to prevent juvenile delinquency and assist parents of
children with behavioral problems so that they can get expert advise;
(5) Adopt measures for the health of children;
(6) Promote the opening and maintenance of playgrounds and day-care
centers and other services that are necessary for child and youth welfare;
(7) Coordinate the activities of organizations devoted to the welfare of
children and secure their cooperation;
(8) Promote wholesome entertainment in the community, especially in
movie houses; and
(9) Assist parents, whenever necessary in securing expert guidance
counseling from the proper governmental or private welfare agency.
In addition, it shall hold classes and seminars on the proper rearing of the
children. It shall distribute to parents available literature and other
information on child guidance. The Council shall assist parents, with
behavioral problems whenever necessary, in securing expert guidance
counseling from the proper governmental or private welfare agency.
 BCPC Role under RA9344, the
Juvenile Justice and Welfare Act
CHAPTER 2
DIVERSION
SEC. 23. System of Diversion. - Children in conflict with
the law shall undergo diversion programs without
undergoing court proceedings subject to the conditions
herein provided:
(a) Where the imposable penalty for the crime committee is
not more than six (6) years imprisonment, the law
enforcement officer or Punong Barangay with the
assistance of the local social welfare and development
officer or other members of the LCPC shall conduct
mediation, family conferencing and conciliation and, where
appropriate, adopt indigenous modes of conflict resolution
in accordance with the best interest of the child with a view
to accomplishing the objectives of restorative justice and
the formulation of a diversion program. The child and
his/her family shall be present in these activities.
 The Sangguniang Kabataan as
HRBA Mechanism To Access Justice
SEC. 17. The
Sangguniang Kabataan. -
The Sangguniang
Kabataan (SK) shall
coordinate with the LCPC
in the formulation and
implementation of juvenile
intervention and diversion
programs in the
community.