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KATARUNGANG PAMBARANGGAY LAW by Caraig CHAPTER 1.

Introduction PD 1508, enacted on June 11, 1978, took effect on December 11, 1978 this law compels confrontation of the parties before the Punong Barangay who will mediate the disputes between them. RA 7160, Local Government Code of 1991, Chapter 7, Title 1, Book III, took effect on January 1, 1992 revised the law on Katarungang Pambarangay, expressly repealing PD 1508. 3 new features: (1) it increased the authority of the Lupong Tagapamayapa in criminal offenses from those punishable by imprisonment not exceeding 30 days or a fine not exceeding P200 to offenses punishable by imprisonment not exceeding 1 year or a fine not exceeding P5,000 (2) as to venue, it provides for disputes arising at the institution where such parties are enrolled for study or at the workplace where the contending parties are employed (3) it provides for the suspension of the prescriptive periods of the offenses during the pendency of the mediation, conciliation or arbitration process Katarungang Pambarangay – is justice administered at the barangay level for the purpose of settling disputes among families and barangay members without judicial recourse. It establishes a system of amicably settling disputes at the barangay level for the accomplishment of the following objectives: 1. to perpetuate and officially recognize the time honored tradition of amicably settling disputes at the barangay level; 2. to promote the speedy administration of justice; 3. to implement the constitutional mandate to preserve and develop Filipino culture and to strengthen the family as the basic social institution; 4. to relieve the courts of docket congestion due to indiscriminate filing of cases; 5. to enhance the quality of justice dispensed by the courts. CHAPTER 2. Lupong Tagapamayapa Lupong Tagapamayapa – the 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. Term of office – the period during which the lupon members are entitled to hold office, perform its functions and enjoy its privileges and emoluments. Resignation – a formal renouncement or relinquishment of an office. It must be made with intention of relinquishing the office accompanied by act of relinquishment. Composition of the Lupon: - PB as the Lupon Chairman - Barangay secretary as the Lupon secretary - 10-20 Lupon members Powers and Duties of the PB in the Constitution of the Lupon: 1. Determine the actual number of members that will constitute the lupon; - within 15 days from the start of his term of office - not less than 10 nor more than 20 members - taking into consideration the barangay population and the volume of disputes previously brought for conciliation. 2. Prepare a notice to constitute the lupon; - within 15 days from the start of his term of office - the notice contains the (1) list of the names of the proposed members (actual number + 5 names) (2) invitation to barangay members to submit endorsements, oppositions, recommendations 3. Post the notice to constitute the lupon; - posted in 3 conspicuous places within the barangay - posted for at least 3 weeks

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>For the entire duration of their term of office.purpose: to instill a sense of responsibility and dedication to duty to provide a fixed period from which he commences to be a member 6. patience. . Actual residence or place of work in the barangay 2. (In case of newly created barangays. Appoint any qualified person to any vacancy that may thereafter occur in the lupon for any cause. then he shall prepare a notice to constitute the lupon. Functions of the Lupon (WTHEE) 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. enforce by execution the settlement or arbitration award. . resignation or withdrawal 8. Appoint the members of the lupon. signed by the PB. >Within 10 days from the last day of posting the notice. Swear the appointees to office. impartiality. . he shall appoint the lupon. probity. Through the PB.integrity.with the concurrence of the absolute majority of all the members of the lupon . . Not expressly disqualified by law to hold public office 3.posted in 3 conspicuous places within the barangay . effectively and fairly. etc.concurrence of the majority of all the members of lupon 2. Set the date. 3. Hold a monthly meeting and special meeting. attested to by the barangay secretary 5. the notice to constitute the lupon shall be posted in 3 conspicuous places.a special meeting may be called by the PB from time to time . time.PB shall notify the member he intends to withdraw . .the public should be invited 4. sense of fairness. Personal characteristics that indicate his suitability for the task of conciliation of disputes. Exercise such other powers and perform such other duties and functions prescribed by law or ordinance. 2|mlll .members of the lupon conforming to the withdrawal must affix their signatures or thumb marks on the Withdrawal 9. incapacity . 5. change of residence or place of work. and place of and preside over the meetings of the lupon. . . . . Withdraw the appointment of a member of the lupon. the lupon shall be constituted not later than 2 months from the date of assumption of office) Qualifications of Lupon Members: 1. tact. independence of mind. Post the list of the appointed members. Prepare the agenda for the meeting.posted for the entire duration of their term of office 7. the list of the Lupon members shall be posted in 3 conspicuous places. >For at least 3 weeks.the date is set by the PB . Withdraw the appointment of any lupon. .unsuitability.within 10 days from the last day of posting the notice .the acts or omissions constituting the grounds for withdrawal must be specified . he shall determine the actual number of the members of the lupon.vacancy upon death.minutes shall not be detailed >Within 15 days from the start of term of office of the PB.a hearing will be conducted by the lupon .the minutes thereof shall be prepared and kept by the lupon secretary .purpose include (1) forum regarding amicable settlement of disputes (2) to enable sharing observations and experiences in effecting speedy solution of disputes (3) forum regarding public matters relevant to amicable settlement 10.appointment must be in writing.4.

withdraw Exc. The Lupon is not a court of law.: power to appoint. Lawyers. while in the performance of their duties. suspension of office. with submission of necessary documents showing that said legal causes no longer exist .Temporary incapacity shall terminate upon submission to the Sangguniang barangay of a written declaration Temporary Absence (4th day of absence. and shall not suffer from any diminution in compensation or allowance from said employment .: No authorizing any local official Exc. dignity and respect in the performance of their duties No compensation for the Lupon. with OIC) .Ways of termination of Lupon Members: 1. suspend. Ecclesiastics or Religious persons are suitable to be a lupon member. travel abroad. no trying and deciding for cases.A written declaration from the PB to the Sangguniang barangay shall terminate the temporary incapacity declaring that he has reported back to office if due to legal causes. with submission of necessary documents showing that said legal causes no longer exist . withdraw .The highest ranking Sanggunian member shall assume the office of the PB on the 4 th day of absence . whether in public or private employment. allowances. and such other emoluments as may be authorized. directly vested with jurisdiction the power or authority to govern and execute the laws to give them protection. legal causes) . Elected official is disqualified to be a lupon member during his tenure. 3|mlll . without OIC) .A written declaration from the PB to the Sangguniang barangay shall terminate the temporary incapacity declaring that he has reported back to office if due to legal causes.Temporary incapacity shall terminate upon submission to the Sangguniang barangay of a written declaration Temporary Absence (not exceeding 3 days.The PB shall specify the powers and functions the OIC shall exercise Exc. to the exc. only honoraria.The highest ranking Sanggunian member shall exercise the powers and perform the duties and functions of the PB Exc. The Lupon. DILG is obligated to provide for a system of granting incentives to lupon members who adequately demonstrate the ability to judiciously and expeditiously resolve cases. Resignation 2.: when the temporary incapacity exceeds 30 days . suspend. Retired government officials may be a lupon member. with submission of necessary documents showing that said legal causes no longer exist .An officer-in-charge may be designated by the PB in writing Exc.: The highest ranking Sanggunian member . to the exc.: power to appoint. Transfer of residence or place of work 3. Public consultation should be made by the PB so that his choice will have the moral backing of his constituents.Temporary incapacity shall terminate upon submission to the Sangguniang barangay of a written declaration Important Notes: Educational attainment is not one of the factors to be considered as lupon member. shall be deemed to be on official time. Punong Barangays and Lupon Members are persons in authority in their jurisdictions.A written declaration from the PB to the Sangguniang barangay shall terminate the temporary incapacity declaring that he has reported back to office if due to legal causes. Withdrawal of appointment Vacancy in the Office of the Chairman of the Lupon/Punong Barangay Temporary incapacity (leave of absence. Appointive public officer or employee is not disqualified by law to be a lupon member.

Offenses committed while in the performance of the duties of his office Ex.000. or even by regional trial courts.CHAPTER 3. 2. Where one party is a public officer or employee. jaywalking. partnerships or juridical entities. since only individuals shall be parties to barangay conciliation proceedings either as complainants or respondents. Where one party is the government. Where the dispute involves real property located in different cities or municipalities.: a policeman who unnecessarily inflicted less serious physical injuries in the course of arresting an offender 3. corporation sole. Disputes involving parties who actually reside in barangays of different cities or municipalities. provided that they are residents of the same barangay. littering. 4. one serious. Offenses for which the law prescribes a maximum penalty of imprisonment exceeding 1 year or a fine exceeding P5. Only petty offenses are subject to amicable settlement In case there are 2 offenses involved in one dispute. Reason: Moral ascendancy or influence of the PB to the natural persons residing in his jurisdiction CHAPTER 4. Offenses where there is no private offended party. settlement of the other parties should still be undertaken. 4|mlll .: The parties thereto reside within the same city or municipality and they mutually agree to submit their differences to amicable settlement by an appropriate lupon. Exc. Exc. administrative cases 2. and the dispute relates to the performance of his official functions. violations to the state 5. Ex. 1. disputes arising from punishment inflicted by a teacher on students. Parties Important Notes: The Katarungang Pambarangay Law applies only to cases involving natural persons. misappropriation of money. If the same is only one of the contending parties. the Lupon shall refer the dispute to the office of the prosecutor for preliminary investigation. Subject Matters for Settlement Exceptions to disputes which can be amicably settled by the Lupon: 1. may be settled by the Lupon. etc. and not where any of the parties is a juridical person such as corporation. testate or intestate estate. 7. partnership. Such other classes of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice 8. or any subdivision or instrumentality thereof.: malfeasance and misfeasance in office. 6. Reason: The Lupon do not have moral ascendancy over them. Any complaint by or against corporations. Cases involving civil status are within the jurisdiction of the Lupon. infidelity of public officers. one light.: A violation of a city ordinance. fraud and illegal transactions and exactions. Offenses related to his official function Ex.: Where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon. Civil action arising from a criminal offense may only be dealt with by the Lupon if: (1) the offended party reserves his right to institute it separately (2) the offended party institutes the civil action prior to the criminal action But any civil dispute cognizable by the inferior courts.

Other forms of swindling 12. tenancy. whether leasehold. Occupation of real property or occupation of real rights in 9.Petition for habeas corpus by a person illegally deprived of his rightful custody over another or person illegally deprived of his liberty or one acting in his behalf . Physical injuries inflicted in a tumultuous affray property 10. Actions to annul judgment upon a compromise which may be filed directly in court. delivery of persona property and support during the pendency of the action . Light Coercions 49. Theft 8. Abandonment of minor by person entrusted with his 43. Threatening to publish and offer to prevent such 20. maintenance and prohibition of combination 4. as a general rule. False medical certificates. is immediately executor. Slander by deed 25.Actions which may be barred by the Statute of Limitations 10. Grave scandal 32.Actions coupled with provisional remedies such as preliminary injunction. Using false certificates 28. of tokens) 3. Altering boundaries or landmarks consummated 34.9. Agrarian disputes – any controversy relating to tenurial arrangements. Grave threats official proceedings 23. 12. Alarms and scandals 27. maintaining. Responsibility of participants in a duel 36. including disputes concerning farm workers’ associations or representation of persons in negotiating. RA 6657 requires mediation and conciliation of agrarian disputes before the Barangay Agrarian Reform Committee. Labor disputes or controversies arising from employer-employee relations. Formation. Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued. Intriguing against honor 50. Grave coercions 48. Agrarian disputes may be filed with the court or other government offices without passing through BARC. sale. fixing. Illegal use of uniforms or insignia 29. changing or seeking to arrange terms or conditions of such tenurial arrangements. Simple seduction one’s own victim 42. Trespass to dwelling publication for a compensation 21. Premature marriages custody. Prohibited publication of acts referred to in the course of 22. Where the dispute arises from the Comprehensive Agrarian Reform Law. Slander 24. Inducing a minor to abandon his home 40. false certificates of merits or merchandise and payment of wages by means service. Estafa 11. Discovering secrets through seizure of correspondence 6. Dispensing of abortive by a pharmacist 35. or pledge of mortgaged property 15. Abandoning a minor party 19. A compromise judgment. indifference of parents 44. Unlawful arrest 39. Special cases of malicious mischief 16.Criminal actions where accused is under police custody or detention . stewardship or otherwise. Other mischiefs 17. Swindling a minor 13. Removal. 11. Light threats 46. Imprudence and negligence 5|mlll . Offenses under the Revised Penal Code which are within the jurisdiction of the Lupon: 1. Other light threats 47. Other forms of trespass 45. Incriminating innocent persons 26. Using fictitious name and concealing true name of capital or labor through violence or threats 5. False testimony against a defendant 30. Less serious physical injuries 37. Abandonment of persons in danger and abandonment of 41. False testimony favorable to the defendants 31. attachment. Acts of lasciviousness with the consent of the offended 18. etc. Giving assistance to suicide if the suicide is not 33. Revealing secrets with abuse of office 7. Slight physical injuries and maltreatment 38. Other similar coercions (Compulsory purchase of 2. . over lands devoted to agriculture. Other deceits 14.

3. Convenience 6|mlll . who is a resident of the same barangay. at the election of the complainant. shall be brought in the barangay where the real property or the larger portion thereof is situated. Those arising at the workplace. . shall be brought in the barangay where such workplace or institution is located. 2. actual or physical habitation or his actual residence or place of abode. The punong barangay and the lupon of the said barangays are in a best position to persuade the respondent. not to one’s legal residence or domicile. * The law refers to actual or physical habitation of the contending parties. the lupon is not authorized to take cognizance of the case.No particular length of time of residence is required. ** Rationale behind the Rules 1. the residence must be more than temporary. All disputes involving real property or any interest therein 4. Ex vi termini – ‘actual residence’. Those involving actual residents of different barangays (but) within the same city or municipality 3. provided he resides therein with continuity and consistency. or at the institution where the contending parties are employed. which may not necessarily be his legal residence or domicile. Venue Venue . To hinder the complainant from utilizing the barangay conciliation procedure.it signifies physical presence in a place and actual stay thereat. to settle dispute with the complainant. shall be brought in the barangay where the respondent or any of the respondents actually resides. or where such parties are enrolled for study. 2. however. as distinguished from ‘legal residence’ or ‘domicile’ Rules on Place of Settlement of Disputes WHAT WHO 1. ** * Where disputes involve real property and the parties are not actual residents in the same city or municipality. .CHAPTER 5. Disputes between persons actually residing in the same barangay WHERE shall be brought for amicable settlement before the lupon of the said barangay. * The concept of residence requirement is residence and membership in the said barangay.is the place provided by law for filing an action or proceeding Residence – one’s personal. not within the jurisdiction of the lupon. * When not within the same city or municipality. Exc: adjoining barangay units and parties agree to submit their differences to amicable settlement by an appropriate lupon. ** The case can be filed immediately in court without referral to the lupon when the parties are not actual residents of the same city or municipality.