CHAPTER VII Katarungang Pambarangay

Section 399. Lupong Tagapamayapa.  Lupon Tagapamayapa aka Lupon o Composition  Punong Barangay as chairman  Members – 10 to 20 o Constitution of Lupon – every 3 years  Member of Lupon o any person actually residing or working, in the barangay,  not otherwise expressly disqualified by law, o possessing integrity, impartiality, independence of mind, sense of fairness, and reputation for probity  Notice to constitute the Lupon o prepared by the punong barangay within the first 15 days from start of term of office o includes the names of proposed members who expressed willingness to serve o posted in 3 conspicuous places in the Brgy continuously for a period of not less than 3 weeks  Appointment of Members by Punong Barangay o 10 days after period of posting, appoint as members those he determines to be suitable  in writing  signed by Punong Barangay  attested to by Barangay Secretary o must take into consideration any opposition or recommendations for appointment made within the period of posting  Posting of list of appointed members o posted in 3 conspicuous places for the brgy o for entire duration of their term of office  Barangays where majority of inhabitants are members of the indigenous cultural communicates o local systems of settling disputes thru councils of datus or elders will be recognized without prejudice to the applicable provisions of this Code

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withdrawal of appointment by punong barangay with concurrence of majoiryt of all members

Section 401. Vacancies.  vacancy in lupon for any cause  Punon barangay shall immediately appoint a qualified person  holds office only for the unexpired portion of the ter Section 402. Functions of the Lupon.  Exercise administrative supervision over the conciliation panels provided herein;  Meet regularly once a month o to provide a forum for exchange of ideas among its members and public on matters relevant to the amicable settlement of disputes, o to enable various conciliation panel members to share with one another their observations and experiences in effecting speedy resolution of disputes;  Exercise other powers and perform such other duties and functions as may be prescribed by law or ordinance. Section 403. Secretary of the Lupon.  barangay secretary shall concurrently serve as the secretary of the lupon  record the results of mediation proceedings before the punong barangay  submit a report to the proper city or municipal courts  receive and keep records of proceedings submitted to him by the various conciliation panels. Section 404. Pangkat ng Tagapagkasundo.  pangkat ng tagapagkasundo aka pangkat o constituted for each dispute brought before the lupon o conciliation panel o 3 members chosen by parties to dispute from list of members of lupon  failure to agree on pangkat membership, determined by lots drawn by the lupon chairman chairman of lupon - elected from among themselves - from the 3 members constituting the pangkat secretary- also elected from among themselves o prepare the minutes of the pangkat proceedings o submit a copy duly attested to by the chairman to  lupon secretary – issue certified true copies of any public record in his custody

 Section 400. Oath and Term of Office.  oath of office before punong barangay upon appointment  holds office until a new lupon is constituted on 3rd yr following appointment  unless sooner terminated by o resignation o transfer of residence or place of work 

CHAPTER VII Katarungang Pambarangay o that is not by law made confidential  proper city or municipal court.  Section 405. Section 409. o except as provided for in Section 393 o without prejudice to incentives as provided for in this Section and in Book IV of this Code. o Offenses where there is no private offended party. while in performance of official duties or on occasion thereof  deemed as persons in authority. Legal Advice on Matters Involving Questions of Law. issue and cause to be served notices to the parties concerned. Venue. o Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos (P5. and the dispute relates to the performance of his official functions.    provincial. the court may motu proprio refer the case to the lupon concerned for amicable settlement o court in which non-criminal cases not falling within authority of Lupon o Section 407. or any subdivision or instrumentality thereof. at the election of the complaint barangay where the real property or the larger portion thereof is situated barangay where such workplace or institution is located Section 408.  amicable settlement of all disputes o authority vested in lupon of each barangay All disputes involving real property or any interest therein arising at the workplace where the contending parties are employed or at the institution where such parties are enrolled for study  Objections to venue o raised in mediation proceedings before punong barangay. Amicable settlement Disputes between persons actually residing in same barangay Those involving actual residents of different barangays within the same city or municipality Venue lupon of said barangay in the barangay where respondent or any of the respondents actually resides. o Where one party is a public officer or employee. Subject Matter for Amicable Settlement.000. o Disputes involving parties who actually reside in barangays of different cities or municipalities. Vacancies in the Pangkat. o Where the dispute involves real properties located in different cities or municipalities  unless parties agree to submit differences to amicable settlement by appropriate lupon. Exception Thereto. o Such other classes of disputes which the President may determine in the interest of Justice or upon the recommendation of the Secretary of Justice. filled by lot to be drawn by lupon chairman. .  Department of the Interior and Local Government shall provide for a system of granting economic or other incentives to the lupon or pangkat members who adequately demonstrate the ability to judiciously and expeditiously resolve cases referred to them.00). Section 406. lupon or pangkat members shall serve without compensation. Lupon or pangkat memebers are deemed to be on official time while in performance of their duties o whether in public or private employment o shall not suffer from any diminution in compensation or allowance from said employment by reason thereof.  Lupon members. city legal officer or prosecutor or municipal legal officer render legal advice to the punong barangay or any lupon or pangkat member on matters involving questions of law o whenever necessary in the exercise of his functions in the administration of the katarungang pambarangay. as defined in the Revised Penal Code. Character of Office and Service of Lupon Members.    bring together parties actually residing in same city or municipality for except: (cannot amicably settle) o Where one party is government.  parties fail to agree on a common choice. any time before trial.  except where such barangay units adjoin each other and parties agree to submit their to amicable settlement by an appropriate lupon.  chosen by the parties to dispute from among other lupon members.

 Where Parties May Go Directly to Court. petition. conciliation. Any legal question which may confront the punong barangay in resolving objections to venue o submitted to the Secretary of Justice. action. o may issue summons for the personal appearance of parties o if a party moves to disqualify any member of the pangkat o by reason of  relationship. settlement shall be written in language known to them  signed by them. or arbitration  however.  Section 411. o ruling shall be binding.CHAPTER VII Katarungang Pambarangay  o otherwise. o No complaint. he must set a date for constitution of pangkat  Suspension of prescriptive period of offenses o filing the complaint with the punong barangay interrupts prescriptive periods for offenses and cause of action while the dispute is under mediation.  Pre-condition to Filing of Complaint in Court. extendible for another period not exceeding (15) days  except in clearly meritorious cases. o Where the accused is under detention o Where a person has otherwise been deprived of personal liberty calling for habeas corpus proceedings.  matter shall be resolved by the affirmative vote of the majority of the pangkat whose decision shall be final Period to arrive at a settlement  within (15) days from the day it convenes i  at the discretion of the pangkat.  bias. Procedure for Amicable Settlement.  in writing.  interest. grounds for disqualification o pangkat shall convene 3 days from constitution  date and hour set by lupon chairman o pangkat’s job  hear both parties and their witnesses  simplify issues.  in a language or dialect known to the parties o if they do not use the same language or dialect. or  any other similar grounds discovered after the constitution of the pangkat. . Form of settlement. o unless  confrontation between the parties before the lupon chairman or the pangkat  conciliation or settlement has been reached as certified by the lupon secretary or pangkat secretary as attested to by the lupon or pangkat chairman  settlement has been repudiated by the parties thereto. Section 412.  attested to by the lupon chairman or the pangkat chairman.  Who may initiate proceeding o any individual with cause of action against another involving any matter within the authority of lupon  upon payment of appropriate filing fee o complaint may be oral or in writing o addressed to the lupon chairman of the barangay  Mediation by Lupon Chairman o summon the respondents with notice to complainant for them and witnesses to appear before him for mediation of conflicting interests  next working day from receipt of complaint o failure to mediate within 15 days from 1st meeting of parties. or proceeding involving any matter within the authority of the lupon shall be filed or instituted directly in court or any other government office for adjudication. deemed waived.  explore all possibilities for amicable settlement. or his duly designated representative. hearing. Conciliation. Section 410. prescriptive periods shall resume upon issuance by the Lupon or Pangkat secretary and receipt of  complainant of complaint  certificate of repudiation  certification to file action o interruption shall not exceed 60 days from filing of complaint with punong barangay  Issuance of summons.

Exception. Section 420. Execution of amicable settlement or arbitration award  enforced by execution by the lupon within (6) months from the date of the settlement.  agreement to arbitrate o agree in writing that they abide by the arbitration award of the Lupon chairman or pangkat o may be repudiated within 5 days from date o arbitration reward shall be made after lapse of period for repudation and within 10 days after  in writing in a language or dialect known to the parties. o Section 417.may be assisted by their next of kin who are not lawyers Section 416. Arbitration. motu proprio or upon request of a party. Appearance of Parties in Person. violence. Section 414. and o Where the action may otherwise be barred by the statute of limitations. –  punong barangay.  force and effect of a final judgment of a court upon expiration of (10) days o unless repudiation of the settlement has been made or o a petition to nullify the award has been filed before the proper city or municipal court. and incompetents. decency. Section 418. Appropriations  Such amount as may be necessary for effective implementation of the katarungang pambarangay shall be provided for in annual budget of the city or municipality concerned.CHAPTER VII Katarungang Pambarangay  Where actions are coupled with provisional remedies such as preliminary injunction.  The secretary of the lupon shall transmit settlement or the arbitration award to the appropriate city or municipal court  within (5) days from the date of the award or from the lapse of the ten-day period repudiating the settlement  furnish copies thereof to each of the parties to the settlement and the lupon chairman. Administration. Conciliation among members of indigenous cultural communities.  sufficient basis for the issuance of the certification for filing a complaint as hereinabove provided. Section 419. and members of the pangkat  authorized to administer oaths o in connection with any matter relating to all proceedings in the implementation of the katarungang pambarangay.  city or municipal shall see to the efficient and effective implementation and administration of the katarungang pambarangay. or public morals.  parties must appear in person  without the assistance of counsel or representative o except minors.  repudiation may be made within 10 days from settlement  by Any party to the dispute  file with the lupon chairman a statement to that effect sworn to before him. Transmittal of Settlement and Arbitration. or intimidation. o in the interest of privacy.  provisions shall not apply to court cases settled by lupon by court orders. Power to Administer Oaths. o customs and traditions of indigenous cultural communities shall be applied in disputes between members of the cultural communities. Effect of Amicable Settlement and Arbitration Award. which are not within jurisdiction of the lupon . o consent is vitiated by fraud.  proceedings for settlement shall be public and informal  exception: exclusion of public from proceedings o lupon chairman or the pangkat chairman. Rules and Regulations.  After the lapse of such time. settlement may be enforced by action in appropriate city or municipal court. Section 415. Section 421. Proceedings Open to the Public. as chairman of the lupong tagapamayapa. Section 422. Section 413. delivery of personal property and support pendente lite. Award to the Court. Repudiation. attachment.  award shall be written in the language or dialect known to them.  Secretary of Justice shall promulgate the rules and regulations necessary to implement this Chapter.

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