Chapter 2: Lupong Tagapamayapa

Lupong Tagapamayapa
- Body organized in every barangay composed of
the punong barangay as chairman and not less
than 10 nor more than 20 members from which
the members of every Pangkat shall be chosen.
- Barangay secretary shall serve as the secretary
of the Lupon
- The punong barangay shall determine the
actual number that will constitute the Lupon
within 15 days from the start of his term of
office
Powers and duties of the punong barangay in the
constitution of Lupon
1. Determine the actual number of members that
will constitute the Lupon
2. Prepare a notice to constitute the Lupon
3. Post the notice to constitute the Lupon
4. Appoint the members of the Lupon
5. Swear the appointees into office
6. Post the list of the appointed members
7. Appoint any qualified person to any vacancy
that may thereafter occur in the Lupon for any
cause
8. Withdraw the appointment of any Lupon
member
9. Set the date, time and place of and preside
over the meetings of the Lupon
10. Prepare the agenda for each meeting
Qualifications of Lupon members:
1. He must have his actual residence or place of
work in the barangay
2. He must not be expressly disqualified by law to
hold public office
3. He must possess personal characteristics that
indicate his suitability for the task of
conciliation of disputes
4. He must not be an elective official during the
constitution of Lupon

from the date of assumption to office of the

punong barangay
Term of office
- Period during which Lupon members are
entitled to hold office
- 3 years term of office, unless the term is
sooner terminated by:
o Registration
o Transfer of residence or place of work
o Withdrawal of appointment by the
punong barangay with the concurrence
of the majority of all the members of
the Lupon
Resignation
- Formal renouncement or relinquishment of an
office
Withdrawal of appointment of a Lupon member
1. Punong barangay shall notify the member
whose appointment he intends to withdraw.
2. Hearing will be conducted by the Lupon
3. The punong barangay, with the concurrence of
a majority of all the members of the Lupon
Vacancy
- The punong barangay shall appoint a suitable
person who shall serve the unexpired term of
office of the replaced member upon learning
of:
o Death
o Transfer of residence
o Transfer of place of work
o Acceptance of his resignation
Permanent vacancy in the office of the chairman of the
Lupon
-

Contents of the notice and period of posting the notice

to constitute the Lupon
-

The list of names shall be at least five more

than that of the actual number previously
determined by the punong barangay
The notice shall be posted in 3 conspicious
places within the barangay for a period of not
less than 3 weeks

Temporary vacancy in the office of the chairman of the

Lupon
-

Appointment of Lupon members

-

The punong barangay shall appoint the

members of the Lupon within 10 days from the
last day of posting the Notice to constitute the
Lupon
In case of newly created barangays, the lupon
shall be constituted not later than 2 months

The highest ranking sangguniang barangay

member or
The second highest ranking sangguniang
barangay member, if the first is unable to
perform his duties, shall become the chairman
of the Lupon

The highest ranking sangguniang barangay

member shall exercise the powers and perform
the duties of the chairman for physical reason
such as, but not limited to:
o Leave of absence
o Travel abroad
o Suspension from office
When the punong barangay is travelling within
the country but outside his territorial
jurisdiction for a period not exceeding 3 days,
he may designate in writing the OIC of the
office of the Lupong Tagapamayapa

In failure to do so, the highest

sangguniang barangay member shall
have the right to assume the powers,
duties, and functions of said office on
the 4th day of absence, except the
power to appoint, suspend or dismiss
employees
The punong barangay shall only authorize the
highest ranking sangguniang barangay member
o

Character of office
- The lupon members, while in the performance
of their official duties or on the occasion
thereof, shall be deemed as PERSONS in
AUTHORITY
Nature of service
- Members of the Lupon shall serve without
compensation
o But, they shall receive honoraria,
allowances,
and
such
other
emoluments as may be authorized by
law or barangay, municipal or city
ordinance
Functions of the Lupon
1. Exercise administrative supervision over the
conciliation panels by seeing to it that they
have the necessary supplies and forms required
for discharging their duties and that they
perform their functions efficiently, effectively
and fairly
2. Hold a monthly meeting and special meeting
3. Withdraw the appointment of a member of the
Lupon
4. Through the punong barangay, enforce by
execution the settlement or arbitration award;
5. Exercise such other powers and perform such
other duties and functions prescribed by law or
ordinance
Chapter 3: Parties
Parties
- Only natural persons or individuals shall be
parties either as complainants or respondents
in all disputes which may be brought to the
Lupon for amicable settlement
Chapter 4: Subject matter for settlement
Disputes which cannot be amicably settled by the
Lupon:
1. Where one party is the government, or any
subdivision or instrumentality thereof
2. Where one party is a public officer or employee
and the dispute relates to the performance of
his official functions

3. Offenses for which the law prescribes a

maximum penalty of imprisonment exceeding 1
year or a fine exceeding 5,000 pesos
4. Offenses where there is no private offended
party
5. Where the dispute involves real property
located in differenct cities or municipalities,
unless the parties thereto agree to submit their
differences to amicable settlement by an
appropriate Lupon
6. Dispute involving parties who actually reside in
barangays of different cities or municipalities,
except where such barangay units adjoin each
other and the parties thereto agree to submit
their differences to amicable settlement by an
appropriate Lupon
7. Such other classes of disputes which the
President may determine in the interest of
justice or upon the recommendation of the
Secretary of Justice
the court in which non-criminal cases not falling within
the authority of the Lupon may, at anytime before
trial, motu proprio, refer the case to the Lupon
concerned for amicable settlement:
8. Any complaint by or against corporations,
partnerships or juridical entitites, since only
individuals shall be parties to barangay
conciliation proceedings either as complainants
or respondents
9. Disputes where urgent legal action is necessary
to prevent injustice from being committed or
further continued, specifically the following:
a. Criminal cases where accused is under
police custody or detention
b. Petition for habeas corpus by a person
illegally deprived of his rightful custody
over another person or person illegally
deprived of his liberty or one acting in
his behalf
c. Actions coupled with provisional
remedies
such
as
preliminary
injunction, attachment, delivery of
personal property and support during
the pendency of the action and
d. D actions which may barred by the
Statute of Limitations
10. Where the dispute arises from Comprehensice
Agrarian Reform Law
11. Labor disputes or controversies arising from
employer-employee relations
12. Actions to annul judgment upon a compromise
which may be filed directly in court
Other offenses that are not proper subject for amicable
settlement before the Lupon:
1. Offenses committed by a public officer are
related to the performance of his official
functions if the public office that he holds is a
constituent element of the crime.
a. Malfeasance and misfeasance in office

2.
3.

4.
5.
6.

b. Frauds and illegal exactions and

transactions
c. Infidelity of public officers
d. Other offenses or irregularities by
public officers
Offenses committed by a public officer while in
the performance of the duties of his office
Case involving public school teachers or
principals
a. Dispute arising from punishment
inflicted
on
students
or
misappropriation
of
monetary
contribution
Administrative case
Offenses interrelated. One for light offense and
the other, serious
Civil action arising from an offense, except
a. The offended party waives the civil
action
b. Reserves his right to institute it
separately
c. Institutes the civil action prior to the
criminal action

Offenses under RPC which are within the authority of

the Lupon:
1. Art. 155. Alarms and Scandals
2. Art. 174. False medical certificates, false
certificates of merits or service, etc
3. Art. 175. Using false certificates
4. Art. 178. Using fictitious name and concealing
true name
5. Art. 179. Illegal use of uniforms or insignia
6. Art. 180. False testimony against a defendant
7. Art. 181. False testimony favorable to the
defendants
8. Art. 200. Grave scandal
9. Art. 252 (2). Physical injuries inflicted in a
tumultuous affray
10. Art. 253. Giving assistance to suicide if the
suicide is not consummated
11. Art. 259. Dispensing of abortive by a
pharmacist
12. Art. 260. Responsibility of participants in a duel
13. Art. 265. Less serious physical injuries
14. Art. 266. Slight physical injuries and
maltreatment
15. Art. 269. Unlawful arrest
16. Art. 271. Inducing a minor to abandon his home
17. Art. 275. Abandonment of persons in danger an
abandonment of ones own victim
18. Art. 276. Abandoning a minor.
19. Art. 277. Abandonment of minor by person
entrusted with his custody; indifference of
parents
20. Art. 280. Trespass to dwelling
21. Art. 281. Other forms of trespass
22. Art. 282(2). Grave threats
23. Art. 283. Light threats
24. Art. 285. Other light threats
25. Art. 286. Grave coercions
26. Art. 287. Light coercions

27. Art. 288. Other similar coercions

28. Art. 289. Formation, maintenance, and
prohibition of combination of capital or labor
through violence or threats
29. Art. 290. Discovering secrets through seizure of
correspondence
30. Art. 291. Revealing secrets with abuse of office
31. Art. 308. Theft
32. Art. 312. Occupation of real property or
occupation of real rights in property
33. Art. 313. Altering boundaries or landmarks
34. Art. 315(4). Estafa
35. Art. 316. Other forms of swindling
36. Art. 317. Swindling a minor
37. Art. 318. Other deceits
38. Art. 319. Removal, sale or pledge of mortgaged
property
39. Art. 328. Special cases of malicious mischief
40. Art. 329. Other mischiefs
41. Art. 338. Simple seduction
42. Art. 339. Acts of lasciviousness with the
consent of the offended party
43. Art. 351. Premature marriages
44. Art. 356. Threatening to publish and offer to
prevent such publication for a compensation
45. Art. 357. Prohibited publication of acts referred
to in the course of official proceedings
46. Art. 358. Slander
47. Art. 359. Slander by deed.
48. Art. 363. Incriminating innocent persons
49. Art. 364. Intriguing against honor
50. Art. 365. Imprudence and negligence
51. Adultery, concubinage, seduction, abduction,
acts of lasciviousness and rape when the
offender/s may be pardoned by the offended
spouse, party, parents, grandparents or
guardian