Simplified Query: Can a barangay captain appoint a kagawad to temporarily act as a mediator during a barangay hearing?
The role and responsibilities of a barangay captain, as well as the procedures involved in barangay hearings, are governed by the Local Government Code of the Philippines (Republic Act No. 7160). Barangay justice systems, particularly through the Katarungang Pambarangay (KP) system, aim to resolve disputes at the community level through mediation, conciliation, and arbitration.
Authority of the Barangay Captain
Under the Local Government Code, the barangay captain, also known as the Punong Barangay, holds significant authority in the administration of the barangay, including overseeing the KP system. However, the code specifies certain procedures and roles within the KP system that must be adhered to.
Role of the Lupon Tagapamayapa
The Lupon Tagapamayapa, or simply the Lupon, is a body composed of members appointed by the barangay captain to facilitate dispute resolution. The Lupon includes a chairman (the barangay captain) and members (barangay kagawads and other appointed residents). The barangay captain's authority to appoint members of the Lupon is well-established, as outlined in Sections 399 to 422 of the Local Government Code.
Temporary Mediation by a Kagawad
While the barangay captain has the authority to appoint members of the Lupon, appointing a specific kagawad to temporarily act as a mediator during a barangay hearing is a nuanced issue. According to the Local Government Code, mediation and conciliation proceedings are typically conducted by the Pangkat Tagapagkasundo, a conciliation panel formed from the Lupon's members. The Pangkat is composed of three members, who are either chosen by the disputing parties or appointed by the Lupon chairman if the parties fail to choose.
Legal Provisions and Practical Considerations
Section 410 of the Local Government Code provides the procedures for forming the Pangkat Tagapagkasundo. While the barangay captain can influence the composition of the Lupon and the selection of the Pangkat, the temporary appointment of a specific kagawad as a mediator is not explicitly provided for in the law. The Lupon chairman (barangay captain) can designate members for the Pangkat, but the selection must align with the procedures prescribed by the code.
Conclusion
In summary, while the barangay captain has broad authority in managing the barangay's affairs and the KP system, the appointment of a specific kagawad to temporarily act as a mediator during a barangay hearing must adhere to the established procedures of forming the Pangkat Tagapagkasundo. The selection of mediators from the Lupon's members should be conducted in accordance with the disputing parties' preferences or, failing that, by the procedural rules set out in the Local Government Code. This ensures that the process remains transparent, fair, and within legal bounds.