Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Katarungang Pambarangay

Katarungang Pambarangay

Ratings: (0)|Views: 116|Likes:
Published by Mary Ann Pastores

More info:

Published by: Mary Ann Pastores on Nov 23, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOC, PDF, TXT or read online from Scribd
See more
See less

01/04/2014

pdf

text

original

 
KATARUNGANG PAMBARANGAY 
QUESTION: WHAT IS KATARUNGANG PAMBARANGAY LAW?
ANSWER:The Katarungang Pambarangay Law provides for the settlement of disputesbetween individual residents of the same city or municipality, thru mediation, arbitration orconciliation, before the katarungang Pambarangay. Compliance therewith is a conditionprecedent to the filing of complaint or information in court or before the Fiscal’s Office, andits absence is a ground for dismissal of the complaint for prematurity or absence of a causeof action.
PURPOSE OF KB LAW (AS WELL AS ADR)
a.To help lighten judicial workload and decongest heavy court dockets.
b.
 To empower the people to resolve their own disputes.c.To preserve the Filipino culture of prior conciliation to resolve their disputes.
CONDITONS FOR APPLICATION OF KB LAW
a.Both parties are natural person;
b.
Both parties areactual residents(it does not include legal residence or domicileand postal address) of the same municipalities or cities;c.Dispute is not among those excepted from the coverage.
NATURE OF PROCEEDINGS IN KB
-Not judicial in nature;-Summary in nature;-Legally there is no barangay court. The Lupon and Pangkat don not haveinherent adjudicatory powers.-They resolve disputes or attempts to do through mediation and conciliation.
PROCEDURE FOR SETTLING DISPUTES UNDER KB LAW
First: Before the Punong Barangay as a Lupon Chairman and as principal conciliator.He has 15 days to secure a settlement.Second: If he fails, he must constitute a 3 person Pangkat ng Tagapagkasundo
General Rule:
All parties to the action shall submit their dispute to barangay conciliation.Exceptions:
A.
Section 408 of the LGC
a.
Where one of the parties is the government or any subdivision orinstrumentality thereof;b.Where one party is a public officer or employee, and the disputes relates tothe performance of his official functions
c.
Offenses punishable by imprisonment exceeding one year (the maximumpenalty must not exceed arresto mayor 31 days up to six monthsimprisonment) or a fine exceeding P5,000.00
d.
Offenses where there is no private offended party;e.Where the dispute involves real properties located in different cities ormunicipalities, unless the parties thereto agree to submit their differences toamicable settlement by an appropriate Lupon;
 
f.Disputes involving parties who actually reside in different cities ormunicipalities, except where the parties are resident of adjoining barangays of different cities or municipalities and the parties thereto agree to submit theirdifferences to amicable settlement by an appropriate Lupon.g.Such other classes of disputes which the President may determine in theinterest of justice or upon recommendation of the Secretary of Justice.
B.
Section 412 (b) LGC – where parties may go directly in court in the ff: 
a.Where the accused is under detention;b.Where a person has otherwise been deprived of personal liberty calling forhabas corpus proceedings;c.Where actions are coupled with provisional remedies such as preliminaryinjunction, attachment, delivery of personal property and support pendent lite.d.Where the action may otherwise be barred by the statute of limitation.
C.Other cases
a.
Labor cases – as provided in the Labor Code that all disputes arising fromemployer-employee relationship shall be under the exclusive jurisdiction of the Labor Arbiter. (Article 228 Labor Code; Montoya v. Escayo 17 SCRA 442) The nature of the proceedings in the Labor Arbiter is similar with the KB Lawthat is, summary and not judicial in nature.
b.
Dispute arising from CARP – Secs 46 and 47, RA 6657
c.
Actions to annul judgment upon a compromise, which may be filed directly incourt. (Sanchez v. Tupas, 158 SCRA 459)QUESTION: MAY A CORPORATION BE IMPLEADED AS A PARTY TO A BARANGAY CONCILIATIONPROCEEDING? WHY?ANSWER:No, a corporation cannot be impleaded as a party to a barangay conciliationproceeding. Section 1, Rule VI if the katarungang Pambarangay Law Provides:“Only individuals shall be parties to these proceedings either as complainants orrespondents. No complaint by or against corporations, partnership or other juridical entitiesshall be filed, received, or acted upon.” (Universal Robina Corp. V. Heirs of Angel Teves, GRNo. 128574, Sep. 18, 2002)
QUESTION: Is there an instance where the court may order the case to be resolvein the KB? Special jurisdiction of KB
Answer: Yes.Section 408 of the LGC states that the Court in which non-criminal cases notfalling within the authority of the Lupon are filed, may at anytime before trial, motu propriorefer the case to the Lupon for amicable settlement.
VENUE – Section 409
a.Dispute between person actually residing in the same barangay shall be broughtfor amicable settlement before the Lupon of he said barangay.b.Those involving actual residents of different barangays within the same city ormunicipality shall be brought in the barangays where the respondents or any of the respondents actually resides at the election of the complainant.c.All disputes involving real property or interest therein shall be brought in thebarangay where the real or larger portion thereof is situated.d.Those arising at the workplace where the contending parties are employed or atthe institution where such parties are enrolled for study, shall be brought in thebarangay where such workplace or institution is located.
 
QUESTION: WHERE TO RAISE QUESTION OF VENUE?ANSWER
:It shall be raised in the mediation proceedings before the Punong Barangay;otherwise the same shall be deemed waived.QUESTION:Suppose there are questions that confront the punong barangay on objections tovenue, what will he do?ANSWER:the question may be submitted to Sec of Justice or his duly designatedrepresentatives whose ruling thereon shall be binding.
NATURE OF NON-REFERRAL TO THE BARANGAY 
:It is not jurisdictional and may bedeemed waived if not raised seasonably in a motion to dismiss. (Millare v. Hernando, 151SCRA 484)QUESTION:WHAT IS THE EFFECT OF FAILURE TO INVOKE LACK OF PRIOR CONCILIATIONBEFORE THE BARANGAY?ANSWER:If it is not invoke in a motion to dismiss or as an affirmative defense in theanswer, the same is deemed waived. Royales v. IAC 129 SCRA 970
THE AMICABLE SETTLEMENT BEFORE THE LUPON/PANGKAT:
shall have the force andeffect of a final judgment of a court upon the expiration of 10 days from the date hereof.QUESTION: WHAT IS THE REQUIRED FORM OF A SETTLEMENT?ANSWER: All amicable settlements:a.Must be in writing;b.In the language or dialect known to the parties;c.Signed by them; andd.Attested by the Lupon chairman
HOW TO REPUDIATE THE AMICABLE SETTLEMENT?
1. By filing with the Lupon Chairman a sworn written statement to that effect, wherethe consent is vitiated by fraud, violence, or intimidation within 10 days from thedate of settlement.2.By filing a PETITION FOR ANNULMENT OF THE COMPROMISE AGREEMENT before theproper court within 10 days from the date of settlement OR ASK FOR CERTIFICATE TOFILE ACTION. This remedy is available to both parties.
ENFORCEMENT OF THE AMICABLE SETTLEMENT:
1. By the execution of the Punong barangay which is quasi-judicial and summary innature on mere action of the parties entitled thereto within 6 months from:a.The date of the settlement if the obligation is due and demandable on thedate of settlement.b.If not yet due and demandable on the date of settlement, the period should becounted from the date the obligation becomes due and demandable.
2.
After the lapse of 6 months, by an action on regular form, which remedy is judicial. THE CAUSE OF ACTION IS THE AMICABLE SETTLEMENT ITSELF.
Question
:Is barangay Conciliation required in cases of Permissive Counter claim/ Cross-claim / Third Party Complaint?

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->