By Jun Espiritu
Jagna, Bohol, Philippines
Even after so many years of practice, barangay governance is still hazy. There are4 so many gray areas and it needs legal minds to wade through procedural mine fields. One of the areas barangay must blunder about is the Barangay Justice System. Without any legal background, officials concerned cannot distinguish between procedural and substantive law. They have to play it by the ear. Everything oido as the saying goes.
Of course most of those officials know that capital crimes like arson, sedition, homicide, murder, rape, drug pushing and kidnapping among others are beyond barangay jurisdiction. If the barangay official knows, the constituent doers not know. He will insist that the barangay must first hear his charge of kidnapping, which, even the Municipal Circuit Trial Court may not be able to handle. If the barangay official refuses, he is accused of bias. Heck, man, where do we go from here?
In case of theft, very few barangay justice officials know the distinction between qualified theft and simple theft. How much must be stolen when the case will no longer in the hands of the barangay? How can we classify physical injuries? What level of injury must the victim experience to make it slight, less serious and serious and how serious is an injury that it can be no longer in the barangay jurisdiction? Can a doctor's certificate be accepted as circumstantial evidence? Those are but a few instances in substantive law, which barangay justice officials have to know.
In the procedural side, there are no hard and fast rules to follow. A complaint is filed. The barangay treasurer just accepts the fee even if he does not know if the barangay is competent to handle the case. At any rate since the official receipt is issued, the barangay is forced to handle the case.
Of course, there is the confrontation. The basic rule is; the accuser must be the first to speak. He has to state his case. What follows is unpredictable. If the accused sees his error, he asks for pardon and if the accuser requires amends, a negotiation follows. Usually it is successful. They agree and shake hands.
On the other hand if the accuser is unscrupulous and he knows that his statement is not under oath or since the minutes of the confrontation cannot be used in court, he may lie and cheat. Then the accused may not wait for his turn and rebut the accuser. An argument erupts and if the barangay official is intimidated, everything is thrown not only including the fabled kitchen sink but also the toilet bowl.
Ok, war is declared. Litigants if we may call them that agree to raise to case higher authorities, in this case PNP first. A Lupon permit to file action is issued. Sometimes the PNP refuses to accept the case. The case has to be remanded to the barangay Pangkat Tagapagkasundo. But it is already moot and academic, both parties agreed to go to war. But the law is the law so to the Pangkat they all go. The litigants reaffirm the war declaration and this time the Pangkat issues the permit to file the case, which the police now accept.
Some barangay official just go through the motions but some want to follow the dotted line. But there are no dotted lines drawn up for them. Perhaps it is about time to give seminars to all concerned, the barangay Lupon and Pangkat members. The PNP should be included so they can agree on the proper steps to be followed.
Jagna, Bohol, Philippines
Even after so many years of practice, barangay governance is still hazy. There are4 so many gray areas and it needs legal minds to wade through procedural mine fields. One of the areas barangay must blunder about is the Barangay Justice System. Without any legal background, officials concerned cannot distinguish between procedural and substantive law. They have to play it by the ear. Everything oido as the saying goes.
Of course most of those officials know that capital crimes like arson, sedition, homicide, murder, rape, drug pushing and kidnapping among others are beyond barangay jurisdiction. If the barangay official knows, the constituent doers not know. He will insist that the barangay must first hear his charge of kidnapping, which, even the Municipal Circuit Trial Court may not be able to handle. If the barangay official refuses, he is accused of bias. Heck, man, where do we go from here?
In case of theft, very few barangay justice officials know the distinction between qualified theft and simple theft. How much must be stolen when the case will no longer in the hands of the barangay? How can we classify physical injuries? What level of injury must the victim experience to make it slight, less serious and serious and how serious is an injury that it can be no longer in the barangay jurisdiction? Can a doctor's certificate be accepted as circumstantial evidence? Those are but a few instances in substantive law, which barangay justice officials have to know.
In the procedural side, there are no hard and fast rules to follow. A complaint is filed. The barangay treasurer just accepts the fee even if he does not know if the barangay is competent to handle the case. At any rate since the official receipt is issued, the barangay is forced to handle the case.
Of course, there is the confrontation. The basic rule is; the accuser must be the first to speak. He has to state his case. What follows is unpredictable. If the accused sees his error, he asks for pardon and if the accuser requires amends, a negotiation follows. Usually it is successful. They agree and shake hands.
On the other hand if the accuser is unscrupulous and he knows that his statement is not under oath or since the minutes of the confrontation cannot be used in court, he may lie and cheat. Then the accused may not wait for his turn and rebut the accuser. An argument erupts and if the barangay official is intimidated, everything is thrown not only including the fabled kitchen sink but also the toilet bowl.
Ok, war is declared. Litigants if we may call them that agree to raise to case higher authorities, in this case PNP first. A Lupon permit to file action is issued. Sometimes the PNP refuses to accept the case. The case has to be remanded to the barangay Pangkat Tagapagkasundo. But it is already moot and academic, both parties agreed to go to war. But the law is the law so to the Pangkat they all go. The litigants reaffirm the war declaration and this time the Pangkat issues the permit to file the case, which the police now accept.
Some barangay official just go through the motions but some want to follow the dotted line. But there are no dotted lines drawn up for them. Perhaps it is about time to give seminars to all concerned, the barangay Lupon and Pangkat members. The PNP should be included so they can agree on the proper steps to be followed.
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