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Katarungang Pambarangay Law (PD 1508)

Purpose: Venue of Barangay Conciliation


1. Reduce the number of court litigations;
2. Prevent the deterioration of the quality of justice Dispute Venues
which has been brought by the indiscriminate Between persons Before the lupon of said
filing of cases in the courts residing in the same barangay
barangay
Involving residents of In the barangay where
In relation to RA 7160, parties are required to undergo a different barangays within the respondent or any of
conciliation process before the lupon chairman or the same city or the respondents reside at
pangkat ng tagapagkasundo as a precondition or filing a municipality the election of the
complaint in Court. complainant
Involving real property or In the barangay where
any interest therein the real property or any
Exception to the Rule on Referral of the Case to the part thereof is situated
Barangay: Arising at workplace In the barangay where
1. Where one party is the government, or any where the contending such workplace or
subdivision or instrumentality thereof; parties are employed or institution is located
2. Where one party is a public officer or employee, at the institution where
and the dispute relates to the performance of his such parties are enrolled
official functions; for study
3. Offenses punishable by:
a. Imprisonment > one year, or
b. Fine > P5,000; Q: Who may initiate an action?
4. Offense where there is no private offended A: Any individual who has a cause of action against
party; another individual involving any matter within the
5. Where the dispute involved real properties authority of the lupon
located in different cities or municipalities unless
the parties thereto agree to submit their Q: What are the duties of the lupon chairman?
differences to amicable settlement by an A: The lupon chairman shall:
appropriate lupon; 1. Summon the respondents with notice to the
6. Disputes involving parties who actually reside in complainant for them and their witnesses to
barangays of different cities or municipalities appear before him for a mediation of their
a. Except where such barangay units conflicting interests;
adjoin each other and the parties thereto 2. If he fails in his mediation effort within 15 days
agree to submit their differences to from the first meeting of the parties before him,
amicable settlement by an appropriate he shall forthwith set a date for the constitution
lupon; of the pangkat in accordance with the provisions
7. Such other classes of disputes which the of this chapter
President may determine in the interest of
justice or upon the recommendation of the Q: What is the effect of the pendency of the mediation,
Secretary of Justice; conciliation or arbitration?
8. Where the accused is under detention; A: The prescriptive periods of offenses and cause of
9. Where a person has otherwise been deprived of action under existing laws shall be interrupted.
personal liberty calling for habeas corpus
proceedings; Q: When does the prescriptive period resume?
10. Where actions are coupled with provisional A: Upon receipt by the complainant of the certificate of
remedies such as: repudiation or of the certification to file action issued by
a. Preliminary injunction the lupon or pangkat secretary. (Such interruption shall
b. Attachment not exceed 60 days from the filing of the complaint)
c. Delivery of personal property
d. Support pendete lite Q: What are the duties of the pangkat?
11. Where the action may otherwise be barred by A: They shall:
the statute of limitations; 1. Convene not later than three days from its
12. Labor Cases; constitution, on the day and hour set by the
13. Disputes involving members of indigenous lupon chairman;
cultural communities; 2. Hear both parties and their witnesses;
14. Disputes involving violation of Comprehensive 3. Simplify issues; and
Agrarian Reform Act. 4. Explore all possibilities for amicable settlement.

Q: What are the powers of the pangkat?


A: They may exercise the following powers:
1. Issue summons for the personal appearance of
parties and witnesses before it;
2. In the event that a party moves to disqualify any
member of the pangkat by reason of
relationship, bias, interest, or any other similar
grounds discovered after the constitution of the
pangkat, the matter shall be resolved by the
affirmative vote of the majority of the pangkat
whose decision shall be final

Q: What is the time frame within which the pangkat


should arrive at a settlement?
A: Within 15 days from the day it convenes. This shall be
extendible for another period which shall not exceed 15
days

Requirements for the issuance of a certificate to file


action:
1. Issued by the Lupon Secretary and attested by
the Lupon Chairman
2. Issued by the Pangkat Secretary and attested by
the Pangkat chariman
3. Issued by the Punong Barangay, as requested
by the proper party on the ground of failure of
settlement where the dispute involves members
of the same indigenous cultural community
which shall be settled in accordance with the
customs and traditions of that particular cultural
community.

Q: What is the nature of the amicable settlement and


arbitration award?
A: The amicable settlement and arbitration award shall
have the force and effect of a final judgment of a court
upon the expiration of 10 days from the date thereof,
unless:
1. Repudiation of the settlement has been made
2. Petition to nullify the award has been filed with
the proper city or municipal court.

Q: When can an amicable settlement or arbitration


award be enforced?
A: Amicable settlement entered into by the parties
therein or arbitration award may be enforced in the
following manner:
1. Execution by the lupon within six months from
the date of settlement
2. After the lapse of such time, the settlement may
be enforced by action in the appropriate city or
municipal court.

Q: How will repudiation be made?


A: By filing with the lupon chairman a statement to that
effect sworn to before him where the consent is vitiated
by fraud, violence or intimidation.

Q: What is the effect of the filing of the repudiation?


A: It shall be a sufficient basis for the issuance of the
certification for filing of a complaint.
 Similar activities and
 The number of small claims cases filed within
the calendar year regardless of juridical station.
Revised Rules of Procedures for Small Claim Cases No formal pleading, other than the Statement of Claim/s
described in this Rule, is necessary to initiate a small
Section 2: Scope. – These Rules shall govern the claims action.
procedures in actions before the:
 MeTCs Section 7: Venue. – The regular rules on venue shall
 MTCs in cities apply.
 MTCs and However, if the plaintiff is engaged in the business of
 MCTCs LBS, and has a branch within the municipality or city
For payment of money where value of the claim does not where the defendant resides, the Statement of Claim/s
exceed P200,000 exclusive of interest and costs. shall be filed where that branch is located.

Section 3: Objectives: Section 8: Joinder of Claims. – Plaintiffs may join in a


 To protect and advance the constitutional right of single statement of claim one or more separate small
persons to a speedy disposition of their cases; claims against a defendant provided that the total
 To provide a simplified and inexpensive amount claimed, exclusive of interest and costs, does
procedure for the disposition of small claims not exceed P200k.
cases; and
 To introduce innovations and best practices for Section 10: Payment of Filing Fees. – If more than 5
the benefit of the underprivileged. small claims are filed by one party within the calendar
year, regardless of the judicial station, an additional filing
Section 5: Applicability. – MeTC, MTC in cities, MTC and fee of:
MCTC shall apply this rule in all actions that are purely  500 shall be paid for every claim filed after the
civil and nature where the claim or relief prayed for by 5th claim and
the plaintiff is solely for payment or reimbursement of  additional 100 or a total of 600 for every claim
sum of money. after the 10th claim and
The claim of demand may be:  another 100 or a total of 700 for every claim
 For money owed under any of the following: after the 15th claim, progressively and
o Contract of lease cumulatively
o Contract of loan If the plaintiff is engaged in the business of BLS, the
o Contract of services amount of filing fees shall be the same as those
o Contract of sale applicable to cases filed under the regular rules.
o Contract of mortgages
Section 11: Dismissal of the Claim.
 For liquidated damages arising from contracts 1. After the court determines that the case falls
 The enforcement of a barangay amicable under these Rules, it may from an examination
settlement or an arbitration award involving a of the allegations of the Statement of Claim/s
money claim covered by this Rule pursuant to and such evidence attached thereto, by itself
Section 417 of RA 7160, otherwise known as the dismiss the case outright on any of the
LGC of 1991. grounds for the dismissal of the case. The
order of dismissal shall state it if it is with or
Section 6: Commencement of Small Claims Action. – A without prejudice.
small claims action is commenced by filing with the court 2. If, during the hearing, the court is able to
an accomplished and verified Statement of Claim in determine that there exists a ground for
duplicate, accompanied by: dismissal of the Statement of Claim/s, the court
 A certification against forum shopping may, by itself, dismiss the case even if such
 Splitting a single cause of action and ground is not pleaded in the defendant’s
 Multiplicity of Suits and response.
 2 duly certified photocopies of the actionable 3. If plaintiff misrepresents that he/she/it is not
documents engaged in the business of BLS when in fact
 And other evidence to support the claim. he/she/it is so engaged, the Statement of
No evidence shall be allowed during the hearing which Claim/s shall be dismissed with prejudice and
was not attached to or submitted together with the plaintiff shall be meted the appropriate
Statement of Claim, unless good cause is shown for the sanctions, such as direct contempt.
admission of additional evidence. 4. However, if the case does not fall under this
Rules, but falls under summary or regular
The plaintiff must state in the Statement of Claim if procedure, the case shall not be dismissed.
he/she/it is engaged in the business of: Instead, the case shall be re-docketed under the
 Lending appropriate procedure, and returned to the court
 Banking and where it was assigned, subject to payment of
any deficiency in the applicable regular rate of Section 16: Prohibited Pleadings and Motions. The
filing fees. following pleadings, motions, or petitions shall not be
5. If a case is filed under the regular or summary allowed in the cases covered by this Rule:
procedure, but actually falls under this Rule, the  Motion to dismiss the SOC
case shall be referred to the Executive Judge for  Motion for a BOP
appropriate assignment.  Motion for new trial, or for reconsideration of a
judgment, or for reopening of trial
Section 12: Summons and Notice of Hearing  Petition for relief from judgment
 If no ground for dismissal is found, the court  Motion for extension of time to file pleadings,
shall forthwith issue Summon on the day of affidavits, or any other paper
receipt of the Statement of Claim/s directing the  Memoranda
defendant to submit a verified response.  Petition for certiorari, mandamus, prohibition
 The court shall also issue a notice of hearing to against any interlocutory order issued by the
both parties, directing them to appear before it court
on a specific date and time for hearing, with a  Motion to declare the defendant in default
warning that no unjustified postponement shall
 Dilatory motions for postponement
be allowed, as provided in Section 21 of this
 Reply and rejoinder
Rule.
 Third party complaints
 This summons to be served on the defendant
shall be accompanied by a copy of the  Interventions
Statement of Claim/s and documents submitted
by plaintiff, and a blank response form to be Section 19: Appearance of Attorneys not allowed.
accomplished by the defendant.
 A notice of hearing shall accompany the
Rules on Summary Procedure
summons and shall contain:
o The date of the hearing
Section 1: Scope:
 Which shall not be more than 30
 Civil Cases:
days from filing of the statement
o In all cases of forcible entry and
of claim/s and
 Express prohibition against the unlawful detainer irrespective of the
filing of a motion to dismiss or amount of damages or unpaid rentals
any other motion under section sought to be recovered. Where the
16 of this rule. attorney’s fees are awarded, the same
shall not exceed P20k.
 If summon is returned without being served on
o All other cases, except probate
any or all of the defendants, the court shall order
the plaintiff to cause the service of summons proceedings, where the total amount of
and shall inform the court within 30 days from plaintiff’s claim does not exceed 100k or
notice if said summons was served or not; 200k in Metropolitan Manila, exclusive
otherwise, the SOC shall be dismissed without of interest and costs.
prejudiced as to those who were not served with  Criminal cases
summons. o Violations of traffic laws, rules and
regulations.
Section 13: Response. – The defendant shall file with o Violations of the rental law
the court and serve on the plaintiff a duly accomplished o Violations of municipal or city
and verified response within a non-extendible period of ordinances
10 days from receipt of summons. o All other criminal cases where the
penalty prescribed by law for the offense
Section 14: Effect of Failure to File Response. charged is imprisonment not exceeding
1. Should the defendant fail to file his/her/its 6 months, or a fine not exceeding 1k, or
response within the required period, and both irrespective of other imposable
likewise fail to appear on the date set for penalties, accessory or otherwise, or of
hearing, the court shall render judgment on the the civil liability arising therefrom
same day, as may be warranted by the facts  Provided that in offenses
alleged in the SOC. involving damage to property
2. Should the defendant fail to file his/her/its through criminal negligence, this
response within the required period but appears rule shall govern where the
on the date set for hearing, the court shall imposable fine does not exceed
ascertain what defense he/she/it has to offer 10k.
which shall constitute his/her/its response, and
proceed to hear and adjudicate the case on the
same day as if a response has been filed.