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 people’s 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.

ADMINISTRATIVE CIRCULAR NO. 14-93

TO: ALL REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS AND
MUNICIPAL CIRCUIT TRIAL COURTS

SUBJECT: GUIDELINES ON THE KATARUNGANG PAMBARANGAY CONCILIATION PROCEDURE TO

PREVENT CIRCUMVENTION OF THE REVISED KATARUNGANG PAMBARANGAY LAW [SECTIONS 399-422,
CHAPTER VII, TITLE I, BOOK III, R. A. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF
1991].

The Revised Katarungang Pambarangay Law under R. A. 7160, otherwise known as the Local Government
Code of 1991, effective on January 1, 1992 and which repealed P. D. 1508, introduced substantial
changes not only in the authority granted to the Lupong Tagapamayapa but also in the procedure to be
observed in the settlement of disputes within the authority of the Lupon.cralaw

In order that the laudable purpose of the law may not be subverted and its effectiveness undermined by
indiscriminate, improper and/or premature issuance of certifications to file actions in court by the Lupon
or Pangkat Secretaries, attested by the Lupon/Pangkat Chairmen, respectively, the following guidelines
are hereby issued for the information of trial court judges in cases brought before them coming from the
Barangays:chanrobles virtual law library

I. All disputes are subject to Barangay conciliation pursuant to the Revised Katarungang Pambarangay
Law [formerly P. D. 1508, repealed and now replaced by Secs. 399-422, Chapter VII, Title I, Book III, and
Sec. 515, Title I, Book IV, R.A. 7160, otherwise known as the Local Government Code of 1991], and prior
recourse thereto is a pre-condition before filing a complaint in court or any government offices, except in
the following disputes:chanrobles virtual law library

[1] Where one party is the government, or any subdivision or instrumentality thereof;
 [2] Where one party is a public officer or employee and the dispute relates to the performance
of his official functions;

[3] Where the dispute involves real properties located in different cities and municipalities,
unless the parties thereto agree to submit their difference to amicable settlement by an appropriate
Lupon;

[4] Any complaint by or against corporations, partnerships or juridical entities, since only
individuals shall be parties to Barangay conciliation proceedings either as complainants or respondents
[Sec. 1, Rule VI, Katarungang Pambarangay Rules];

[5] Disputes involving parties who actually reside in barangays of different cities or
municipalities, except where such barangay units adjoin each other and the parties thereto agree to
submit their differences to amicable settlement by an appropriate Lupon;

[6] Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one [1]
year or a fine of over five thousand pesos (P5,000.00);

[7] Offenses where there is no private offended party;

[8] Disputes where urgent legal action is necessary to prevent injustice from being committed or
further continued, specifically the following:chanrobles virtual law library

[a] Criminal cases where accused is under police custody or detention [See Sec. 412 (b)
(1), Revised Katarungang Pambarangay Law];

[b] Petitions for habeas corpus by a person illegally deprived of his rightful custody over
another or a person illegally deprived of or on acting in his behalf;

[c] Actions coupled with provisional remedies such as preliminary injunction,

attachment, delivery of personal property and support during the pendency of the action; and
cralaw

[d] Actions which may be barred by the Statute of Limitations.

[9] Any class of disputes which the President may determine in the interest of justice or upon the
recommendation of the Secretary of Justice;

[10] Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) [Secs. 46 &
47, R. A. 6657];

[11] Labor disputes or controversies arising from employer-employee relations [Montoya vs.
Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended, which grants original and exclusive
jurisdiction over conciliation and mediation of disputes, grievances or problems to certain offices of the
Department of Labor and Employment];
 [12] Actions to annul judgment upon a compromise which may be filed directly in court [See
Sanchez vs. Tupaz, 158 SCRA 459].cralaw

II. Under the provisions of R. A. 7160 on Katarungang Pambarangay conciliation, as implemented by the
Katarungang Pambarangay Rules and Regulations promulgated by the Secretary of Justice, the
certification for filing a complaint in court or any government office shall be issued by Barangay
authorities only upon compliance with the following requirements:chanroblesvirtuallawlibrary

[1] Issued by the Lupon Secretary and attested by the Lupon Chairman (Punong Barangay),
certifying that a confrontation of the parties has taken place and that a conciliation settlement has been
reached, but the same has been subsequently repudiated (Sec. 412, Revised Katarungang Pambarangay
Law; Sec. 2[h], Rule III, Katarungang Pambarangay Rules);

[2] Issued by the Pangkat Secretary and attested by the Pangkat Chairman certifying
that:chanroblesvirtuallawlibrary

[a] a confrontation of the parties took place but no conciliation/settlement has been
reached (Sec. 4[f], Rule III, Katarungang Pambarangay Rules); or

[b] that no personal confrontation took place before the Pangkat through no fault of the
complainant (Sec. 4[f], Rule III, Katarungang pambarangay Rules).

[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, or where
one or more of the parties to the aforesaid dispute belong to the minority and the parties mutually
agreed to submit their dispute to the indigenous system of amicable settlement, and there has been no
settlement as certified by the datu or tribal leader or elder to the Punong Barangay of place of
settlement (Secs. 1,4 & 5, Rule IX, Katarungang Pambarangay Rules); and

[4] If mediation or conciliation efforts before the Punong Barangay proved unsuccessful, there
having been no agreement to arbitrate (Sec. 410 [b], Revised Katarungang Pambarangay Law; Sec. 1, c.
(1), Rule III, Katarungang Pambarangay Rules), or where the respondent fails to appear at the mediation
proceeding before the Punong Barangay (3rd par. Sec. 8, a, Rule VI, Katarungang Pambarangay Rules),
the Punong Barangay shall not cause the issuance at this stage of a certification to file action, because it
is now mandatory for him to constitute the Pangkat before whom mediation, conciliation, or arbitration
proceedings shall be held.cralaw

III. All complaints and/or informations filed or raffled to your sala/branch of the Regional Trial Court shall
be carefully read and scrutinized to determine if there has been compliance with prior Barangay
conciliation procedure under the Revised Katarungang Pambarangay Law and its Implementing Rules and
Regulations as a pre-condition to judicial action, particularly whether the certification to file action
attached to the records of the case comply with the requirements hereinabove enumerated in Par. II;
IV. A case filed in court without compliance with prior Barangay conciliation which is a pre-condition for
formal adjudication (Sec. 412 [a] of the Revised Katarungang Pambarangay Law) may be dismissed upon
motion of defendant/s, not for lack of jurisdiction of the court but for failure to state a cause of action or
prematurity (Royales vs. IAC, 127 SCRA 470; Gonzales vs. CA, 151 SCRA 289), or the court may suspend
proceedings upon petition of any party under Sec. 1, Rule 21 of the Rules of Court; and refer the case
motu proprio to the appropriate Barangay authority applying by analogy Sec. 408 [g], 2nd par., of the
Revised Katarungang Pambarangay Law which reads as follows:chanrobles virtual law library

"The court in which non-criminal cases not falling within the authority of the Lupon under this Code are
filed may, at any time before trial, motu proprio refer case to the Lupon concerned for amicable
settlement.

Strict observance of these guidelines is enjoined. This Administrative Circular shall be effective
immediately.

Manila, Philippines; July 15, 1993.