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.
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;
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
All parties to the action shall submit their dispute to barangay conciliation.Exceptions:
Section 408 of the LGC
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
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
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;