Barangay Justice System (Katarungang Pambarangay)

An alternative, community-based mechanism in the Philippines

Overview
The barangays are the smallest political subdivisions in the Philippines. The Katarungang Pambarangay (KP) or
Barangay Justice System (BJS) is an alternative, community-based mechanism for dispute resolution of conflicts
between members of the same community.
The BJS provides a venue for disputing parties to search for a mutually acceptable solution. Other members of
the communities act as intermediaries, facilitating the discussion of possible solutions.
The BJS formalized the Filipino tradition to seek help of community elders or tribe leaders in resolving disputes
between members of the same community, and uses the Punong Barangay (highest elected official in a
barangay) and the Lupon members (committee of respected community members).
It is only when the BJS has failed to resolve the dispute that the parties are allowed to bring their case to court.
Who can access it?
Individual residents of Barangay can file a complaint to their Punong Barangay. If the parties are from different
barangays, the dispute will be settled in the barangay at the choice of the complainant. Cooperatives or
peoples organizations can go directly to court without mediation or conciliation.
How does it work?
Mediation
A complaint is filed in the Lupon (committee) at a minimal filing fee. The Punong Barangay facilitates the
mediation process and explains the process, objectives and rules of the mediation. Each party is given time to
explain their point of view. If no settlement is reached following the mediation, the parties can try to resolve
their dispute through conciliation.

Conciliation
The conciliators (Pangkat Tagapagkasundo) are known and respected by both parties in the dispute, and are
constituted by the Punong Barangay from the Lupon. The three members of the Pangkat are chosen by the
parties. The Pangkat shall hear both parties and explore the possibilities for amicable settlement. The amicable
settlement reached in conciliation has the force and effect of a final judgment of a court and can be
enforced within 6 months from the date of settlement by filing a motion in court.
If no settlement is reached, the parties can use a certification to file action for filing a case in court.

Arbitration
Arbitration can take place at any stage of the proceedings, as long as both parties agree in writing to abide by
the arbitration award of the Lupon or Pangkat.

Enforcement
If a settlement is reached through either mediation, conciliation or arbitration, and the party has not complied
with the settlement or arbitration award, the Punong Barangay executes the settlement by taking possession of
sufficient personal property of the party obliged, which can be sold and the proceeds applied to the amount.

Appeal
An amicable settlement has force and effect of a final judgment of a court after ten days from the date of the
settlement, unless a protest or repudiation of the settlement is made. Only when the BJS has failed to resolve
the dispute, can the parties bring their case to court.