You are on page 1of 4

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?

Issue summons for the personal appearance of parties and witnesses before it. 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. bias. violence or intimidation.A: They may exercise the following powers: 1. Execution by the lupon within six months from the date of settlement 2. 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. 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. unless: 1. Issued by the Lupon Secretary and attested by the Lupon Chairman 2. or any other similar grounds discovered after the constitution of the pangkat. This shall be extendible for another period which shall not exceed 15 days Requirements for the issuance of a certificate to file action: 1. . the settlement may be enforced by action in the appropriate city or municipal court. Petition to nullify the award has been filed with the proper city or municipal court. interest. 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. 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. After the lapse of such time. 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. Issued by the Pangkat Secretary and attested by the Pangkat chariman 3. Issued by the Punong Barangay. In the event that a party moves to disqualify any member of the pangkat by reason of relationship. Repudiation of the settlement has been made 2. 2.

the court  A certification against forum shopping may. such as direct contempt. regardless of the judicial station. an additional filing Section 5: Applicability. 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. After the court determines that the case falls  The enforcement of a barangay amicable under these Rules. cases. small claims are filed by one party within the calendar year. 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. 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.000 exclusive of interest and costs. accompanied by: dismissal of the Statement of Claim/s.  2 duly certified photocopies of the actionable 3.  Similar activities and  The number of small claims cases filed within the calendar year regardless of juridical station. by itself Section 417 of RA 7160. he/she/it is engaged in the business of: Instead. other than the Statement of Claim/s described in this Rule. progressively and o Contract of lease cumulatively o Contract of loan If the plaintiff is engaged in the business of BLS. – 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. and  To introduce innovations and best practices for Section 10: Payment of Filing Fees. the Statement of Claim/s exceed P200. unless good cause is shown for the sanctions. 4.  For liquidated damages arising from contracts 1. the case shall not be dismissed. However. the case shall be re-docketed under the  Lending appropriate procedure. o Contract of mortgages Section 11: Dismissal of the Claim. – The regular rules on venue shall  MTCs in cities apply. subject to payment of . by itself. If. exclusive of interest and costs. 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. – If more than 5 the benefit of the underprivileged. Revised Rules of Procedures for Small Claim Cases No formal pleading. but falls under summary or regular The plaintiff must state in the Statement of Claim if procedure. small claims action is commenced by filing with the court 2. procedures in actions before the:  MeTCs Section 7: Venue. 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. 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 court is able to an accomplished and verified Statement of Claim in determine that there exists a ground for duplicate. and returned to the court  Banking and where it was assigned. if the plaintiff is engaged in the business of  MCTCs LBS. claims against a defendant provided that the total  To provide a simplified and inexpensive amount claimed.  MTCs and However. otherwise known as the dismiss the case outright on any of the LGC of 1991. grounds for the dismissal of the case. during the hearing. The order of dismissal shall state it if it is with or Section 6: Commencement of Small Claims Action. Section 3: Objectives: Section 8: Joinder of Claims. 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. admission of additional evidence. he/she/it is so engaged. shall be filed where that branch is located. – MeTC. if the case does not fall under this Rules. – These Rules shall govern the claims action. – A without prejudice. MTC in cities. does procedure for the disposition of small claims not exceed P200k. 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. is necessary to initiate a small Section 2: Scope.

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. mandamus. and proceed to hear and adjudicate the case on the same day as if a response has been filed. the  Motion to dismiss the SOC case shall be referred to the Executive Judge for  Motion for a BOP appropriate assignment. accessory or otherwise. the court shall imposable fine does not exceed ascertain what defense he/she/it has to offer 10k. . 200k in Metropolitan Manila. prohibition  The court shall also issue a notice of hearing to against any interlocutory order issued by the both parties. shall forthwith issue Summon on the day of affidavits. the SOC shall be dismissed without of interest and costs. involving damage to property 2. the court shall order the plaintiff to cause the service of summons proceedings. Should the defendant fail to file his/her/its 6 months. but actually falls under this Rule. with a  Motion to declare the defendant in default warning that no unjustified postponement shall  Dilatory motions for postponement be allowed. any deficiency in the applicable regular rate of Section 16: Prohibited Pleadings and Motions.  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. charged is imprisonment not exceeding 1.  Motion for new trial. or response within the required period. which shall constitute his/her/its response.  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. exclusive otherwise. motions. Should the defendant fail to file his/her/its through criminal negligence. attorney’s fees are awarded.  If summon is returned without being served on o All other cases. – 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. and both irrespective of other imposable likewise fail to appear on the date set for penalties. and a blank response form to be Section 19: Appearance of Attorneys not allowed. the court  Motion for extension of time to file pleadings. or a fine not exceeding 1k. the same shall not exceed P20k. or for reopening of trial Section 12: Summons and Notice of Hearing  Petition for relief from judgment  If no ground for dismissal is found. directing them to appear before it court on a specific date and time for hearing. or petitions shall not be 5. o All other criminal cases where the penalty prescribed by law for the offense Section 14: Effect of Failure to File Response. prejudiced as to those who were not served with  Criminal cases summons. rules and regulations. Section 13: Response. or of hearing. or any other paper receipt of the Statement of Claim/s directing the  Memoranda defendant to submit a verified response. the court shall render judgment on the the civil liability arising therefrom same day.  Petition for certiorari. except probate any or all of the defendants. this response within the required period but appears rule shall govern where the on the date set for hearing. The filing fees. following pleadings. If a case is filed under the regular or summary allowed in the cases covered by this Rule: procedure. as may be warranted by the facts  Provided that in offenses alleged in the SOC. or for reconsideration of a judgment. o Violations of traffic laws. as provided in Section 21 of this  Reply and rejoinder Rule. accomplished by the defendant. Where the 16 of this rule.