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D. POTENTIALS AND LIMITATIONS OF THE KATARUNGANGPAMBARANGAYThe Katarungang Pambarangay system is appropriate, especially since itis required by law, to address many of the acts of discrimination andviolations against PLHIV. In particular, cases involving relatively light offenses(such as less serious physical injuries, slight physical injuries, light threats,threatening to publish a libel, slander and intriguing against honor) need togo through the Katarungang Pambarangay first, before they can be relayedto regular courts, if need be.Violations of R.A. 8504, however, are not among the offenses subject toKatarungang Pambarangay. The penalties it prescribes exceed one-yearimprisonment and/or Php5,000.00 fine.Just like other ADR processes, the Katarungay Pambarangay proceedingsdo not result in penalization. This is a drawback if the victim is intent onseeing the offender punished. On the other hand, it could be a positiveresult in that civil or harmonious relations could be restored or maintained.A main drawback at the moment is the level of skills of the barangay officials.The staff members of the Office for Alternative Dispute Resolution (ADR)admitted that the barangay officers, at the moment, are generally not yetsufficiently trained on mediation and other ADR processes. Added to <strong>this</strong>is the fact that barangay officials, like most Filipinos, are not yet fullysensitized to the nature of HIV infection and the requirements for handlingcases related to it.While mediation, conciliation and arbitration are supposed to be confidentialprocedures, there are various factors that do not guarantee confidentiality,among them the skill level of barangay officials and the prevalent socialdynamics in communities.E. POTENTIALS AND LIMITATIONS OF MECHANISMS FORVIOLATIONS IN THE WORKPLACEAmong the various types of acts of discrimination and violations againstPLHIV are those that happen in the workplace, namely:■ Being compelled to undergo testing / forced to submit healthcertificate■ Being refused admission to a job (usually as a result of the obtainedhealth certificate)RELEVANCE OF THE VARIOUS MECHANISMS TO THE PLIGHT OF PLHIV IN THE INTRODUCTION PHILIPPINES 53

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