Professional Documents
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Composition – 3 members who shall be chosen by the parties to the dispute from the list of
members of the lupon
– If there is a failure to agree on the composition- lots draw by the lupon
chairman
Nature of – Constituted to assist the lupon in bringing about the amicable settlement of
pangkat disputes brought before the lupon
Character of – Lupon memebrs are deemd as persons in authority while in the performance of
office their official duties
With compensation. Incentives for members who adequately demonstrate the ability to judiciously
and expeditiously resolve cases referred to them
The members, whether in public or private employment, shall be deemed to be on official time
and shall not sufer from any diminution in compensation or allowance from employment
Conditions for lupon members as persons in authority
1. In their jursidction
2. While in the performance of their official duties
There can be direct assaults and indirect, and resistance and disobedience to persons in
authority for PB and members
The prosecutor or municipal legal officer shall render legal advice on matters involving questions
of law to the punong barangay or any lupon or pangkat member
PB/ members may seek a review by SOJ of any legal advice rendered by the prosi.
PB has authority over all disputes over parties actually residing in the same city or municipality
XPN
Where one party is the government or any subdivision or instrumentality
One party is a public officer or employee, and the dispute relates to the
performance of his official function
Offenses punishable by imprisonment exceeding 1k or fine 5k
Offenses where there is no private offended party
Dispute involves real properties located in different cities, unless the parties
agree to submit their differences to amicable settlement
Disputes involving parties who actually reside in barangays of different cities or
municipalities, except IF SUCH BARANGAY UNITS ADJOIN EACH OTHER AND THE
PARTIES THERETO AGREE TO SUBMIT THEIR DIFFERENCES TO AMICABLE
SETTLEMENT
Other classes of disputes
Purpose of BC is to provide a conciliation mechanism as an alternative to litigations in
dispute settlements to members of the corresponding barangays who are actually residing
therein
A case involving civil status of a person is not among the cases where prior resort to brgy
is necessary.
Parties who actually reside in the same city or municipality should bring their controversy
first to the barangay court for possible amicable settlement before filing complaint in court
Where the government or its instrumentality is only one of the contending parties, a
confrontation should still be undertaken among the parties.
Although venue is generally determined by the residence of the parties, disputes
involving real property shall be brought in the barangay where the real property or any part
thereof is situated, notwithstanding tha the parties reside elsewhere within the same city or
municipality
Any complaint by or against corporations, partnerships or juridical entites are not included
since only individuals shall be parties to barangay conciliation proceedings either as
complainants and respondents.
Residence alone, without membership in said barangays would not be an accurate and
reliable criterion considering that such residence may be actual but merely temporary.
Residence in a barangay within the same municipality if only transient or temporary is not
enough to vest jurisdiction upon the brgy lupin
Requirement in residence and membership
Disputes where urgent legal action is necessary to prevent injustice from being committed or further
continued:
1. CRIMINAL CASES WHERE ACCUSED IS UNDER POLICE CUSTODY OR DETENTION
2. Petitions for habeas corpus by a person illegally deprived of his rightful custody over another or a
person illegally deprived of his liberty or one acting in his behalf
3. Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of
personal property and support during the pendency of the action
4. Actions which may be barred by the statute of limitations
Actions with provisional remedies may be filed directly to court even without passing the lupon
Barangay conciliation not applicable to labor cases. Requiring conciliation of labor disputes
before the barangay courts would defeat the very salutary purpose of the law.
Confrontation before barangay council not the required first notice in terminating the employee
In all kpb, the parties must appear in person without the assistance of counsels or his
representatives except for minors and incompetents who may be assisted by their next of kin who
are not lawyers
Actions to annul judgment upon a compromise may be filed directly in court
Disputes involving parties who are actual residents of barangay of different cities or municipalities
are not within the jurisdiction of the barangay court
The CJ directed all courts not to receive complaints in cases falling under the lupon
Case can be immediately filed in court where other codefendants reside in barangays of different
municipalities, cities and provinces
The court has discretion to refer the case to the lupon although it may not fall within the authority
of the lupon. However, referring the subject civil cases to lupon is saliently an unsound exercise
of discretion considering that the matter falls within the rule of summary procedure. Summary
procedure was promulgated for the purpose of achieving an expeditious and iexpensive
determination of cases. The fact that unlawful detainer cases fall under summary procedure,
speedy resolution thereof is deemed a matter of public policy.
Venue:
1. Disputes between persons actually residing in the same barangay
2. Those involving actual residents of different barangays within the same city or municipality shall
be brought in the barangay where the respondent or any of the respondents actually resides at
the election of the complainant
3. All disputes involving real property or any interest therein shall be brought in the barangay where
the real property or the larger portion thereof is situated
4. Those arising in workplace where the contending parties are employed or at institution where
such parties are enrolled for study, shall be brought in the barangay where such workplace or
institution is located
Objections to venue shall be raised in the mediation proceedings before the PB, otherwise it shall
be deemed waived
Legal questions ma be brought by the PB by submitting to the SO or his rep whose ruling shall be
binding.
The venue of criminal actions place where respondent resides not the place of the commission of
the crime.
LUPON may not exercise authority outside its own barangay
The proceedings in the barangay system are informal and are to be conducted without regard to
the technical rules of procedure under the ROC.
Conciliation is not jurisdictional. Lupon cannot decide a case. It is only vested with
conciliation functions.
For purposes of venue residence is actual or physical habitation or place of abode, which may not
necessarily be his legal residence or domicle provided he resides within continuity and
consistency.
Referral for bgy conciliation applies only where real parties in interst actually reside in the same
city or municipality.
The requirement of actual residence pertains to real party in interest and not to attorney in fact.
If the real party in interest Is not an actual resident of the bgy where the defendant herein
respondent resides the local lupon has no jurisdiction over their dispute, hence, prior referral to it
for conciliation is not a precondition to its filing in court
Real party in interest
A party who stands to be benefited or injured by the judgment or the party entitled to the avails of
suit
The lupon shall have no jurisdiction over disputes where the parties are not actual residents of
the same city or municipality except where the barangay in which they actually adjoin each
other.
Procedure for amicable settlement
Mediation by lupon – Summon of respondent wih notice to the complaiant for them
chairman and their witnesses to appear before him
– If chair fails to mediate within 15 dys from first meeting
Procedure:
Cause of action payment of filing fees summon to respondent and witnesses à mediation by lupon
chairman for 15 days à failure à constitution of pangkat . pangkat will convene 3 days from constitution à
hear both parties and their witnesses . Decision 15 days from constitution à settlement or resolution
All amicable settlement shall be in writing in a language or dialect known to the parties, signed by
them and attested by the lupon or pangkat chair
At any stage of the proceedings, the parties may agree in writing to abide by the arbitration
award. May be repudiated within 5 days from date thereof where consent is viaited by fraud,
violence or intimidaton
Award shall be made after the lapse of 5 days from date thereof
Proceedings open to public except in the interest of privacy, decency or public morals
Amicable settlement or arbitration award may be enforced by execution by the lupon 6 months
from date of settlement. Thereafter, by action in the appropriate city
Any party may repudiate the settlement within 10 days from date thereof where consent is viaited.
Meeting at the office of brgy chair for possible settlement is substantial compliance with
precondition for filing cases in court.
Where one party fails to appear for no justifiable reason convening pangkat serves no useful
purpose. à issue cert allowing complaint to bring controversy in court.
Re: prescription
Afflictive penalties- 15 years
Correctional penalty- 10 years XPN: arresto mayor- 5 years
Libel- 1 year
Oral defamation- 6 months
Light offenses- 2 months
Compound- highest penalty as basis
Special acts-
1 year- fine and imprisonment not more than 1 month or both
4 years- more than 1 month but less than 2 years
8- 2 years or more but less than 6 years
12 years- 6 years or more except treason which shall prescribe after 20 years?
Internal revenue cases- 5 years
Actions to recovers movables- 8 years from the time possession is lost,
Real actions- 30 years
Mortgage- 10 years
Not extinguished by prescription
1. Right to demand right of way
2. Abate nuisance
Within 10 years from the time the right of action accrues:
1. Written contract
2. Obligation created by law
3. Upn a judgment
6 years
1. Oral contract
2. Quasi contract
4 years:
1. Inury to the rights of the plaintiff
2. Quasi delict
1 year:
1. Forcible entry and detainer
2. Defamation
All other actions not mentioned- must be brought within 5 years from the right of action accrues
Start of running prescription
1. Enforcement of obligations to pay principal with interest- date of last payment of annuity or
interest
2. Actions to demand fulfillment of obligation- time the judgment became final
3. Actions to demand accounting- runs from the day the person who should render the same cease
in their functions
Form of settlement
Should be in writing
In a language or dialect known to the parties
Signed by them
Attested to by lupon chair or pangkat chair
The minutes of bgy conciliation proceedings is a substantial compliance on amicable settlement
No complaint, petition, action or proceeding involving any matter within the authority of the lupon
shall be filed or instituted directly in court- unless there has been a confrontation between the
parties before the lupon or pangkat
When can parties go directly to court:
1. Where the parties is under detention
2. Where a person has been deprived of personal liberty calling for habeas corpus proceedings
3. Where actions are couled with provisional remedies
4. Where the action otherwise may be barred by statute of limitation
Conciliation proceeding is not a jurisdictional requirement and non-compliance therewith cannot
affect the jurisdiction which the lower court had already acquired over the subject matter and the
parties therein
Conciliation procedure is not a jurisdictional requirement in the sense that failure to have prior
recourse to such procedure would not deprive a court of its jurisdiction over the subject matter or
over the person of the defendant
Cases under revised rules on summary procedure, where no showing of compliance with
conciliation shall be dismissed without prejudice
The effect of failure to comply with conciliation procedure has the same effect as non-exhaustion
of admin remedies.
Conciliation process is a condition precedent for filing complaint in court
Confrontation between parties is compulsory under the KPB.
Refusal or failure to appear before the lupon or pangkat satisfied conciliation requirement of KPB.
The willful refusal or failure to appear on the part of respondent is sufficient basis for the
complainant present to be given a cert to file action. The issuance of cert to file action means that
the complainant may already bring his case to the court or other government office for
adjudication.
Noncompliance of the same could affect the sufficiency of the cause of action and make the
complaint vulnerable to dismissal on the ground of lack of cause of action or prematurity.
Court can take cognizance of case when party did not object to lack of conciliation during hearing.
A detainer suit is premature if it fails to exhaust all administrative remedies, such as KPB
conciliation.
The barangay authorities must be presumed to have performed their official duties and to have
acted regularly in issuing the cert to file action.
The defense on failure to comply with conciliation process must be raised at the first available
opportunity.
The failure to allege fact of noncompliance with conciliation procedure constitutes a waiver.
Court can motu porprio dismiss case for failure to comply with bgy conciliation, ground not those
mentioned which trial court may dismiss on its own initiative.
The certification to file action need not be formally offered in evidence when deemed admitted in
the answer
Suit between family relations shall not prosper unless earnest efforts toward a compromise have
been made
Payment of Party 5 days to make payment à PB will take possession of sufficient personal
money property located in the barangay à sale à if sufficient personal property exists, the
party is allowed to point out which of them shall be taken possession of. If insufficient,
the deficiency shall be satisfied according to ROC
Delivery of PB issuing notice shall authorize the PB where the bgy is situated to take possession
property of the property
located in
another bgy
Conveyance If there is failure, PB may direct lupon sec to perform the act at the cost of the
of land disobedient party
Any party to the dispute may within 10 days from date of settlement repudiate by filing with the
lupon chair a settlement to that effect sworn to before him, where the consent is viated by fraud,
violence or intimidation. Such repudiation shall be sufficient basis for the issuance of the cert for
filing complaint.
Sec shall transmit the settlement or arbi award to court within 5 days from the date of the award
or from the lapse of 10 day period repudiating the settlement
Copies shall be furnished to the parties
Who can administer oaths
PB as chair of lupon
Members of the pangkat
Only to matters relating to all proceedings in the implementation of PB.
The object of the KPB is to effect an amicable settlement of disputes among family and
barangay members at the barangay level without judicial recourse and consequently help
relieve the courts of docket congestion.
KP vs Pre trial
Katarungang pambarangay Pre trial
Objections to venue shall be raised in the mediation proceedings before the punong barangay,
otherwise the same shall be deemed waived. Any legal question which may confront the punong
barangay in resolving objectiosn to venue herein referred to may be submitted to the SOJ or his
duly designated rep, whose ruling shall be binding.
The amicable settlement or arbitration award may be enforced by execution by lupon within 6
months from date of settlement. After the lapse of such time, the settlement may be enforced by
action in the appropriate city or municipal court. If the award does not exceed 200k, it may be
enforced under small claims.
It is not compulsory for the parties to settle their issues before the Barangay. What is compulsory is that
the disputes which are within the jurisdiction of the barangay shall be referred first for barangay
conciliation/mediation proceedings before the same could be elevated to the proper court or
government agencies. This finds support under Section 412 of Republic Act (R.A.) No.7160 which states
that:
“No complaint, petition, action, or proceeding involving any matter within the authority of the
lupon shall be filed or instituted directly in court or any other government office for adjudication,
unless there has been confrontation between the parties before the lupon chairman or the
pangkat, and that no conciliation or settlement has been reached as certified by the lupon
secretary or pangkat secretary as attested to by the lupon or pangkat chairman or unless the
settlement has been repudiated by the parties thereto”.
The Supreme Court also said in Pang-et vs. Manacnes (G.R. No. 167261, March 2, 2007), that:
“What is compulsory under the Katarungang Pambarangay Law is that there be a confrontation between
the parties before the Lupon Chairman or the Pangkat and that a certification be issued that no
conciliation or settlement has been reached, as attested to by the Lupon or Pangkat Chairman, before a
case falling within the authority of the Lupon may be instituted in court or any other government office for
adjudication. In other words, the only necessary pre-condition before any case falling within the authority
of the Lupon or the Pangkat may be filed before a court is that there has been personal confrontation
between the parties but despite earnest efforts to conciliate, there was a failure to amicably settle the
dispute. Xxx xxx “.
In your case, it is sufficient that you have undergone the barangay conciliation/mediation proceedings
before filing your complaint in court or proper government agencies. All you have to do is to request for
the issuance of Certificate to File Action which shall serve as proof that the parties have undergone the
conciliation or mediation process before the barangay.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely
on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts
are changed or elaborated.