What is the Katarungang Pambarangay?

KATARUNGANG PAMBARANGAY/
BARANGAY JUSTICE SYSTEM is a
system by which disputes or
quarrels arising in the barangay
level among its residents are
amicably settled without
need to go to the courts.
 Historical Background
• Philippine version of the neighborhood
conciliation and arbitration system
• Ancient Filipino custom of dispute
resolution between disputing members of
the family of the barangay during the pre-
Spanish era
• Tradition of seeking intervention of the
Datus or tribal leaders or the elders in
settling disputes between same family or
barangay before formal suit was opened
Legal Basis
• PD No. 1508 - *Establishing A
System of Amicably Settling
Disputes at the Barangay
Level
• RA 7160 - *Local Government
Code of 1991 (Chapter 7
Sections 399 – 422)
Purpose

Promote
Harmony

Community
Cooperation
Promote
peace
and order
 Objectives
•To obtain a just, speedy and
1 inexpensive settlement of disputes
at the Barangay level
•To preserve the Filipino culture
2 and traditions concerning
amicable settlement
•To relieve the courts of docket
congestion and thereby enhance
3 the quality of justice dispensed by
them
Understanding Basic Concepts
Lupong Tagapamayapa (Lupon)
is a body organized in every barangay
composed of Punong Barangay as the
chairperson and not less than ten (10) and not
more than twenty from which the members of
every Pangkat shall be chosen.
Pangkat Tagapagkasundo (Pangkat)
is a conciliation panel constituted from the
Lupon membership for every dispute brought
before the Lupon consisting of three (3)
members after the Punong Barangay has
failed in his mediation efforts.
 Understanding Basic Concepts
Mediation is a process wherein the Lupon
chairperson or Barangay Chairperson assists
the disputing parties to reach a settlement by
consensus that jointly satisfies their needs.
Conciliation is a process wherein the Pangkat
foregoes the power to decide or recommend
but assist the parties to isolate issues and
options to reach a settlement by consensus
that jointly satisfies their needs.
Arbitration is a process wherein the third
party from outside the judicial system is chosen
by parties to hear and decide their dispute
 THE KP
STRUCTURE
 Components of KP
•Punong Barangay
Lupong (as Chairman)
Tagapamayapa •10-20 members
(Peace-Making Council)

Pangkat ng Legal
Tagapagsundo Advisers
(Conciliation Panel)

• Legal Officer
(Provincial,
•3 members chosen City, Municipal)
from the Lupon • Public Prosecutor
 Qualifications Of Lupon Member:
Actually Residing or Working in the
Barangay
Not Expressly Disqualified By Law
Possessing:
A. Integrity Pagsunod sa Katangiang Moral at Prinsipyo
B. Impartiality Walang Kinikilingan
C. Independence of Mind May Sariling Pagiisip
D. Sense of Fairness Pagiging Patas
E. Reputation for Probity Karangalan/Pagtatapat
 Disqualifications:
The Following are Disqualified:
1. Minors
2. Persons Convicted of Crime with
penalty of disqualification from holding
Public Office
3. Elective Public Official
4. Government Employees
5. Members of the Armed Forces in Active
Service
6. Incompetent Persons
 Qualified Persons
1. Lawyer (as Lupon member but disqualified
from appearing as counsel/representative
of a party to the dispute)
2. An officer/employee of a private firm (Sec.
406, RA7160)
3. Ecclesiastical or priests (DOJ Opinion No.
91)
4. Retired government officials (DOJ Opinion
No. 13)
 Lupon Formation Process

STEP 1: STEP 2: STEP 3:

Notice to Posting
Determining Constitute (in 3 conspicuous
Lupon (within 15 days places within the
barangay for 3
Members from start of
weeks)
office) KP Form 1

STEP 4:
STEP 6: STEP 5: Appointment
(10 days after
Posting Oath Taking last day of
KP Form 4 KP Form 5 posting)
KP Form 2
LUPON CHAIRMAN
• Punong Barangay is the
Lupon Chairman
• Presides over Mediation/
Arbitration Proceedings and
constitute the Lupon
Members
• Issues Notices/Summons/
Subpoenas/Certifications/
Settlement/Awards
LUPON SECRETARY
• Concurrently serves as the
Secretary of the Lupon
• Records the results of
mediation proceedings
before the Punong Barangay
• Submits report to proper
city/municipal courts
• Receives, keeps records of
proceedings submitted by
various Pangkat
 MAIN FUNCTIONS OF THE LUPON

A.Administrative Supervision
B.Regular Meeting
C.Withdrawal of Appointment
D.Execution of Settlement or
Award
The Difference between the Lupon and Court
Lupong Tagapamayapa Court
NOT A COURT but an NOT AN
administrative body (DOJ ADMINISTRATIVE
Opinion No. 100 s. 1975) body
Under the supervision of Under the supervision
the City/Municipal Mayor of Supreme Court
NO power to impose the has power to impose
penalty said penalties
NO power to punish any has power to punish
one for contempt any one for contempt
CHARACTER OF OFFICE AND SERVICE OF LUPON
MEMBERS
1.) PERSONS IN AUTHORITY
2.) SERVICE WITHOUT COMPENSATION BUT WITH
INCENTIVES
• Honorarium, allowances, and other emoluments
by RA 7160 (subject to the budgetary limitations)
• Grant of economic/other incentives to the
Lupon/Pangkat members who demonstrate the
ability to judiciously and expeditiously resolve
cases
3.) SERVICE IN THE LUPON OR PANGKAT ON OFFICIAL
TIME
 Pangkat ng Tagapagkasundo
• A conciliation panel that hears each dispute
brought before the Lupon
• Composed of three (3) members chosen by
the parties to the dispute from the list of
members of the Lupon
• Should the parties fail to
agree on the membership,
the same shall be determined
by lots drawn by the Lupon
Chairman
 Pangkat ng Tagapagkasundo
OFFICERS AND THEIR FUNCTIONS:
1. Chairman - presides over meetings/hearings
2. Secretary
a. Prepare the minutes of the proceedings
b. Submit a copy duly attested to by the
chairman to the Lupon Secretary and to
the proper city/ municipal court
c. Issue notices to the parties concerned
d. Issue certified true copies of any public
record in his custody that is not by law
otherwise declared confidential.
 SUBSTANTIVE
ASPECTS OF
KATARUNGANG
PAMBARANGAY
 WHAT CASES UNDER KP?
• ALL disputes, civil and criminal in nature, where
parties are ACTUALLY RESIDING in the SAME CITY
or MUNICIPALITY maybe brought for amicable
settlement
Cases exempted in KP:
(A) one party is the GOVERNMENT;
(B) one party is a PUBLIC OFFICER OR EMPLOYEE,
and the dispute relates to the performance of
his official functions;
(C) offenses punishable by IMPRISONMENT
EXCEEDING ONE (1) YEAR or a FINE EXCEEDING
PHP5,000.00;
 CASES EXEMPTED in KP:
(D) Offenses where there is NO PRIVATE offended
party;
(E) Dispute involves REAL PROPERTIES located in
DIFFERENT cities/municipalities unless the
parties agree to submit to appropriate Lupon;
(F) Disputes involving parties who actually reside
in barangays of DIFFERENT cities/municipalities,
EXCEPT where such barangay units adjoin each
other and the parties thereto;
(G) Other disputes which the president may
determine in the interest of justice or upon the
recommendation of the Secretary of Justice.
 OTHER CASES (SC Admin. Circular 14-93):
1. Disputes where urgent legal action is necessary to
prevent injustice:
a. Criminal cases where accused is under police custody or
detention
b. Petitions for Habeas Corpus;
c. Actions coupled with provisional remedies
d. Actions barred by the Statute of Limitations
2. Where the dispute arises from the Comprehensive
Agrarian Reform Law
3. Labor disputes or controversies arising from employer-
employee relations
4. Actions to annul judgment upon a compromise which
may be filed directly in court
 Criminal Cases Falling Within the KP
Unlawful use of means of
publication and unlawful
utterances (art.154);
Alarms and scandals (art.155)
Using false certificates (art.175)
Using fictitious names &
concealing true names (art.178)
Illegal use of uniforms and
insignias (art.179)
Physical injuries inflicted in a
tumultuous affray (art.252)
Giving assistance to
consummated suicide (art.253)
Less serious physical injuries
(art.265)
Responsibility of participants in
a duel if only physical injuries are
inflicted or no physical injuries
have been inflicted (art.260)
Slight physical injuries(art.266)
Unlawful arrest (art.269)
Inducing a minor to abandon
his/her home (art.271)
Abandonment of a person in
danger and abandonment of
one’s own victim (art.275)
Abandoning a minor (A child
under 7 yrs old) (art.276)
Abandonment of minor by
persons with custody (art.277)
 Criminal Cases Falling Within the KP
Qualified trespass to dwelling
(without the use of violence &
intimidation)(art.280)
Other forms of trespass
(art.281)
Light threats (art.283)
Other light threats (art.285)
Light coercion (art.287)
Other similar coercions
(compulsory purchase of
merchandise & payment of
wages by means of
tokens)(art.288)
Formation, maintenance &
prohibition of combination of
capital or labor through
violence or threats (art.289)
Discovering secrets thru seizure
& correspondence (art.290)
Revealing secrets with abuse of
authority (art.291)
Theft (if the value of the
property stolen does not
exceed P500) (art.309)
Qualified theft (if the amount
does not exceed P500) (art.310)
Occupation of real property or
usurpation of real rights in
property (art.312)
 Criminal Cases Falling Within the KP
Altering boundaries/landmarks Simple Seduction (art.338)
(art.313) Acts of lasciviousness w/ consent
 Swindling/Estafa (if amount does of offended party (art.339)
not exceed P200)(art.315) Threatening to publish & offer to
Other forms of swindling prevent publication for
(art.316) compensation (art.356)
Swindling a minor (art.317) Prohibiting publication of acts in
Other deceits (art.318) the course of official proceedings
Removal, sale/pledge of (art.357)
mortgaged property (art.319) Incriminating innocent persons
Special cases of malicious (art.363)
mischief (if value of prop does not Intriguing against honor (art.364)
exceed P1,000) (art.328) Fencing of stolen properties if the
Other mischiefs (if value of prop prop is not more than P50.00
does not exceed P1,000)(art.329) (PD1612)
 PROCEDURAL
ASPECT OF
KATARUNGANG
PAMBARANGAY
KP PROCESS
 Complaint KP Process
next day Legend:
Issue Summons to start/end Pangkat as main actor
Defendant PB as main actor PB/Pangkat as main actor
Role of Lupon/Pangkat Sec
MEDIATION Both parties agreed to arbitrate

w/in 15 days
ARBITRATION

NO
Constitute Not < 6 Not >
Settlement days & 15 days
Pangkat
[
YES
w/in 3 days
Arbitration Award
CONCILIATION
w/in 15-30 days
NO Certificate to File
Settlement
Action
YES

w/in 5 days or lapse of

After 10 days 10-day pd to repudiate
enforceable
Execution Transmittal of Award
w/in 6 mos.
 KP Process: ARBITRATION

Agreement for Notice of Hearing Arbiter orders it

Arbitration & Summon/ secretary to call
KP Form 14 Subpoena the case

Respondent to Complainant to Secretary

present his defense present his case identifies and
(witness and (witness KP Form enter into record
evidence) 13 & evidence) all appearances

Case is closed for

Issuance of
resolution/ Final and
Arbitration Award
decision executory
w/in 5 days to
15 days from last After 10 days
furnish copy
hearing
 FAILURE TO APPEAR:
• Notice of Hearing KP Form 18
• Dismiss the complaint
Complainant • Certification to bar filing of action
in court
• Apply with the court for indirect
contempt
• Notice of Hearing KP Form 19
• Dismiss the counterclaim
Respondent • Certification to bar filing of
counterclaim in court
• Certification to file action KP Form
20
Commencement (verbal/written/filing fees)
Answer (oral or written/specific denials,
respondent may interpose counter-claim,
cross-claim or third-party complaint)
Personal appearance (lawyers/intervention
of anyone is NOT allowed)
Hearings - PB and Pangkat should hear the
dispute in an INFORMAL but orderly manner
Rules of evidence do NOT apply
OPEN to the public (privacy, decency or
public morals)
 KP Process
HOW TO EXECUTE SETTLEMENT:
1. Execution in form of money
2. If failed to comply, Punong Barangay shall take
possession of personal property to be sold and
applied to the amount (with notice of sale, 24
hours for perishable and 5-10 days for other
goods)
3. In case of property, Punong Barangay shall oust
the person and place the party entitled to
possession
4. If outside the barangay, shall authorize the other
Punong Barangay
 Properties Exempted From Execution
1. The debtor’s family home 9. Earnings of the party obliged
2. Tools/implements used for for his/her personal services
trade/employment w/in the month preceding the
3. 2 horses/2 cows/2 levy
carabaos/other beasts of10. All moneys, benefits,
burden used in the ordinary privileges/annuities not
occupation exceed P100,000.00
4. Clothing for debtor & family 11. The right to receive legal
5. Household furniture & utensils support or money or property
necessary for housekeeping obtained as such support or
6. Provisions for any pension or gratuity from
individual/family use sufficient the government, and
for 4 months 12. Copyrights and other
7. Professional libraries properties especially
8. 1 fishing boat, net & other exempted by law
fishing paraphernalia
 INTER-AGENCY
RELATIONS:
KATARUNGANG
PAMBARANGAY
ADMINISTRATION
 Inter-Agency Relations
1. City and Municipal Government
• Administrative supervision (Mayors see to
the efficient and effective implementation
of KP)
• Establishment of KP monitoring unit
2. Department of Justice
• Promulgates rules & regulations of the KP
• Render legal advice on matters involving
Questions of Law (Provincial and City
Prosecutors)
 Inter-Agency Relations
3. Department of Interior & Local Government
•Assist the Lupon thru providing capacity
building activities for the members of Lupon
•Monitor the implementation of KP
•Provide incentives for the members of the
Lupon
4. Department of Education, Culture & Sports
• Assist in the dissemination of informational
materials through schools
• Promote objectives and philosophy of the KP
through school programs and lesson
integration