CHAPTER VII SECTION 400. Oath and Term of Office.
– Upon appointment, each
Katarungang Pambarangay
SECTION 399. Lupong Tagapamayapa. – (a) There is hereby
created in each barangay a LUPONG TAGAPAMAYAPA, hereinafter
referred to as the lupon, composed of the punong barangay, as
chairman and ten (10) to twenty (20) members. The lupon shall be
constituted every three (3) years in the manner provided herein.
(b) Any person actually residing or working in the barangay, not
otherwise expressly disqualified by law, and possessing integrity,
impartiality, independence of mind, sense of fairness, and reputation
for probity, may be appointed a member of the lupon.
(c) A notice to constitute the lupon, which shall include the names of
proposed members who have expressed their willingness to serve,
shall be prepared by the punong barangay within the first fifteen
(15) days from the start of his term of office. Such notice shall be
posted in three (3) conspicuous places in the barangay continuously for
a period of not less than three (3) weeks;
(d) The punong barangay, taking into consideration any opposition to
the proposed appointment or any recommendations for appointment as
may have been made within the period of posting, shall within ten (10)
days thereafter, appoint as members those whom he determines to be
suitable therefor. Appointments shall be in writing, signed by the
punong barangay, and attested to by the barangay secretary.
(e) The list of appointed members shall be posted in three (3)
conspicuous places in the barangay for the entire duration of their
term of office; and
(f) In barangays where majority of the inhabitants are members of
indigenous cultural communities, local systems of settling disputes
through their councils of datus or elders shall be recognized without
prejudice to the applicable provisions of this Code.
lupon member shall take an oath of office before the punong
barangay. He shall hold office until a new lupon is constituted on
the third year following his appointment unless sooner terminated
by resignation, transfer of residence or place of work, or withdrawal of
appointment by the punong barangay with the concurrence of the
majority of all the members of the lupon.
SECTION 401. Vacancies. – Should a vacancy occur in the lupon for
any cause, the punong barangay shall immediately appoint a
qualified person who shall hold office only for the unexpired portion
of the term.
SECTION 402. Functions of the Lupon. – The lupon shall:
(a) Exercise administrative supervision over the conciliation panels
provided herein;
(b) Meet regularly once a month to provide a forum for exchange of
ideas among its members and the public on matters relevant to the
amicable settlement of disputes, and to enable various conciliation
panel members to share with one another their observations and
experiences in effecting speedy resolution of disputes; and
(c) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.
SECTION 403. Secretary of the Lupon. – The BARANGAY
SECRETARY shall concurrently serve as the secretary of the lupon.
He shall record the results of mediation proceedings before the punong
barangay and shall submit a report thereon to the proper city or
municipal courts. He shall also receive and keep the records of
proceedings submitted to him by the various conciliation panels.
SECTION 404. Pangkat ng Tagapagkasundo. – (a) There shall be
constituted for each dispute brought before the lupon a conciliation
panel to be known as the pangkat ng tagapagkasundo, hereinafter
referred to as the pangkat, consisting of three (3) members who shall
be chosen by the parties to the dispute from the list of members of
the lupon.
Should the parties fail to agree on the pangkat membership, the
same shall be determined by lots drawn by the lupon chairman.
(b) The three (3) members constituting the pangkat shall elect from
among themselves the chairman and the secretary. The secretary
shall prepare the minutes of the pangkat proceedings and submit a
copy duly attested to by the chairman to the lupon secretary and to the
proper city or municipal court. He shall issue and cause to be served
notices to the parties concerned.
The lupon secretary shall issue certified true copies of any public
record in his custody that is not by law otherwise declared
confidential.
SECTION 405. Vacancies in the Pangkat. – Any vacancy in the
pangkat shall be chosen by the parties to the dispute from among the
other lupon members. Should the parties fail to agree on a common
choice, the vacancy shall be filled by lot to be drawn by the lupon
chairman.
SECTION 406. Character of Office and Service of Lupon
Members. – (a) The lupon members, while in the performance of their
official duties or on the occasion thereof, shall be deemed as persons
in authority, as defined in the Revised Penal Code.
(b) The lupon or pangkat members shall serve without
compensation, except as provided for in Section 393 and without
prejudice to incentives as provided for in this section and in Book IV
of this Code. The Department of the Interior and Local
Government shall provide for a system of granting economic or
other incentives to the lupon or pangkat members who adequately
demonstrate the ability to judiciously and expeditiously resolve
cases referred to them. While in the performance of their duties, the
lupon or pangkat members, whether in public or private employment,
shall be deemed to be on official time, and shall not suffer from any
diminution in compensation or allowance from said employment by
reason thereof.
SECTION 407. Legal Advice on Matters Involving Questions of
Law. – The provincial, city legal officer or prosecutor or the
municipal legal officer shall render legal advice on matters involving
questions of law to the punong barangay or any lupon or pangkat
member whenever necessary in the exercise of his functions in the
administration of the katarungang pambarangay.
SECTION 408. Subject Matter for Amicable Settlement;
Exception Thereto. – The lupon of each barangay shall have
authority to bring together the parties actually residing in the
same city or municipality for amicable settlement of all disputes
except:
(a) Where one party is the government, or any subdivision or
instrumentality thereof;
(b) Where 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 Five thousand pesos (P5,000.00);
(d) Offenses where there is no private offended party;
(e) Where the dispute involves real properties located in different
cities or municipalities unless the parties thereto agree to submit their
differences to amicable settlement by an appropriate lupon;
(f) 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;
(g) Such other classes of disputes which the President may
determine in the interest of justice or upon the recommendation of
the Secretary of Justice.
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 the case to the lupon concerned for
amicable settlement.
SECTION 409. Venue. – (a) Disputes between persons actually
residing in the same barangay shall be brought for amicable
settlement before the lupon of said barangay.
(b) 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.
(c) 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.
(d) Those arising at the workplace where the contending parties are
employed or at the 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 punong barangay; otherwise, the same shall be deemed
waived. Any legal question which may confront the punong barangay
in resolving objections to venue herein referred to may be submitted to
the Secretary of Justice or his duly designated representative, whose
ruling thereon shall be binding.
SECTION 410. Procedure for Amicable Settlement. – (a) Who may
initiate proceeding – Upon payment of the appropriate filing fee, any
individual who has a cause of action against another individual
involving any matter within the authority of the lupon may
complain, orally or in writing, to the lupon chairman of the
barangay.
(b) Mediation by lupon chairman – Upon receipt of the complaint,
the lupon chairman shall, within the next working day, summon the
respondent(s), with notice to the complainant(s) for them and their
witnesses to appear before him for a mediation of their conflicting
interests. If he fails in his mediation effort within fifteen (15) days
from the first meeting of the parties before him, he shall forthwith set a
date for the constitution of the pangkat in accordance with the
provisions of this Chapter.
(c) Suspension of prescriptive period of offenses – While the dispute
is under mediation, conciliation, or arbitration, the prescriptive periods
for offenses and cause of action under existing laws shall be
interrupted upon filing of the complaint with the punong barangay.
The prescriptive periods shall resume upon receipt by the complainant
of the complaint or the certificate of repudiation or of the certification
to file action issued by the lupon or pangkat secretary: Provided,
however, That such interruption shall not exceed sixty (60) days from
the filing of the complaint with the punong barangay.
(d) Issuance of summons; hearing; grounds for disqualification –
The pangkat shall convene not later than three (3) days from its
constitution, on the day and hour set by the lupon chairman, to hear
both parties and their witnesses, simplify issues, and explore all
possibilities for amicable settlement. For this purpose, the pangkat
may issue summons for the personal appearance of parties and
witnesses before it. 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. Should disqualification be
decided upon, the resulting vacancy shall be filled as herein provided
for.
e) Period to arrive at a settlement – The pangkat shall arrive at a
settlement or resolution of the dispute within fifteen (15) days from the
day it convenes in accordance with this section. This period shall, at
the discretion of the pangkat, be extendible for another period which
shall not exceed fifteen (15) days, except in clearly meritorious cases.
SECTION 411. Form of Settlement. – All amicable settlements shall
be in writing, in a language or dialect known to the parties, signed
by them, and attested to by the lupon chairman or the pangkat
chairman, as the case may be. When the parties to the dispute do not
use the same language or dialect, the settlement shall be written in the
language known to them.
SECTION 412. Conciliation. – (a) PRE-CONDITION TO FILING
OF COMPLAINT IN COURT. – 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 a
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.
(b) WHERE PARTIES MAY GO DIRECTLY TO COURT. – The
parties may go directly to court in the following instances:
(1) Where the accused is under detention;
(2) Where a person has otherwise been deprived of personal liberty
calling for habeas corpus proceedings;
(3) Where actions are coupled with provisional remedies such as
preliminary injunction, attachment, delivery of personal property and
support pendente lite; and
(4) Where the action may otherwise be barred by the statute of
limitations.
(c) Conciliation Among Members of Indigenous Cultural
Communities. – The customs and traditions of indigenous cultural
communities shall be applied in settling disputes between members of
the cultural communities.
SECTION 413. Arbitration. – (a) The parties may, at any stage of
the proceedings, agree in writing that they shall abide by the
arbitration award of the lupon chairman or the pangkat. Such
agreement to arbitrate MAY BE REPUDIATED WITHIN FIVE (5)
DAYS from the date thereof for the same grounds and in
accordance with the procedure hereinafter prescribed. The
arbitration award shall be made after the lapse of the period for
repudiation AND WITHIN TEN (10) DAYS THEREAFTER.
(b) The arbitration award shall be in writing in a language or dialect
known to the parties. When the parties to the dispute do not use the
same language or dialect, the award shall be written in the language or
dialect known to them.
SECTION 414. Proceedings Open to the Public; Exception. – All
proceedings for settlement shall be public and informal: Provided,
however, That the lupon chairman or the pangkat chairman, as the case
may be, may motu proprio or upon request of a party, exclude the
public from the proceedings in the interest of privacy, decency, or
public morals.
SECTION 415. Appearance of Parties in Person. – In all
katarungang pambarangay proceedings, the parties must appear in
person without the assistance of counsel or representative, except for
minors and incompetents who may be assisted by their next-of-kin
who are not lawyers.
SECTION 416. Effect of Amicable Settlement and Arbitration
Award. – The amicable settlement and arbitration award shall have
the force and effect of a final judgment of a court upon the
expiration of ten (10) days from the date thereof, unless repudiation
of the settlement has been made or a petition to nullify the award has
been filed before the proper city or municipal court.
However, this provision shall not apply to court cases settled by the
lupon under the last paragraph of Section 408 of this Code, in which
case the compromise settlement agreed upon by the parties before the
lupon chairman or the pangkat chairman shall be submitted to the
court and upon approval thereof, have the force and effect of a
judgment of said court.
SECTION 417. Execution. – The amicable settlement or arbitration
award may be enforced by execution by the LUPON WITHIN SIX (6)
MONTHS FROM THE DATE OF THE SETTLEMENT. After the
lapse of such time, the settlement may be enforced by action in the
appropriate city or municipal court.

SECTION 418. Repudiation. – Any party to the dispute may,

WITHIN TEN (10) DAYS FROM THE DATE OF THE
SETTLEMENT, repudiate the same 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. Such repudiation shall be
sufficient basis for the issuance of the certification for filing a
complaint as hereinabove provided.

SECTION 419. Transmittal of Settlement and Arbitration Award

to the Court. – The secretary of the lupon shall transmit the settlement
or the arbitration award to the appropriate city or municipal court
within five (5) days from the date of the award or from the lapse of the
ten-day period repudiating the settlement and shall furnish copies
thereof to each of the parties to the settlement and the lupon chairman.

SECTION 420. Power to Administer Oaths. – The punong

barangay, as chairman of the lupong tagapamayapa, and the members
of the pangkat are hereby authorized to administer oaths in connection
with any matter relating to all proceedings in the implementation of
the katarungang pambarangay.

SECTION 421. Administration; Rules and Regulations. – The city

or municipal mayor, as the case may be, shall see to the efficient and
effective implementation and administration of the katarungang
pambarangay. The Secretary of Justice shall promulgate the rules and
regulations necessary to implement this Chapter.

SECTION 422. Appropriations. – Such amount as may be necessary

for the effective implementation of the katarungang pambarangay shall
be provided for in the annual budget of the city or municipality
concerned.

MALACAÑANG
Manila
PRESIDENTIAL DECREE No. 1508 June 11, 1978
(repealed by R.A. 7160)
ESTABLISHING A SYSTEM OF AMICABLY SETTLING DISPUTES AT
THE BARANGAY LEVEL
WHEREAS, the perpetuation and official recognition of the time-honored
tradition of amicably settling disputes among family and barangay
members at the barangay level without judicial resources would promote
the speedy administration of justice and implement the constitutional
mandate to preserve and develop Filipino culture and to strengthen the
family as a basic social institution;
WHEREAS, the indiscriminate filing of cases in the courts of justice
contributes heavily and unjustifiably to the congestion of court dockets,
thus causing a deterioration in the quality of justice;
WHEREAS, in order to help relieve the courts of such docket congestion
and thereby enhance the quality of justice dispensed by the courts, it is
deemed desirable to formally organize and institutionalize a system of
amicably settling disputes at the barangay level;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution, do
hereby order and decree the following:
Section 1. Lupong Tagapayapa
a) Creation. There is hereby created in each barangay a body to
be known as Lupong Tagapayapa (hereinafter referred to as
Lupon) composed of the Barangay Captain as chairman and not
less than ten (10) nor more than twenty (20) members, to be
constituted every two years in the following manner:
1. Any suitable person actually residing or working in the
barangay, not otherwise expressly disqualified by law,
and taking into account considerations of integrity,
impartiality, independence of mind, sense of fairness, and
reputation for probity, including educational attainment,
may be appointed member;
2. A notice to constitute the Lupon, which shall include the
names of proposed members who have expressed their
willingness to serve, shall be prepared by the Barangay
Captain within thirty (30) days after this Decree shall have
become effective, and thereafter within the first ten (10)
days of January of every other year. Such notice shall be
posted in three (3) conspicuous places in the barangay
continuously for a period of not less than three (3) weeks;
3. The Barangay Captain, taking into consideration any
opposition to the proposed appointment or any
recommendation/s for appointment as may have been
made within the period of posting, shall within ten (10)
days thereafter, appoint as members those whom he
determines to be suitable therefor;
4. Appointments shall be in writing signed by the
Barangay Captain and attested by the Barangay
Secretary;
5. The list of appointed members shall be posted in three
(3) conspicuous places in the barangay for the entire
duration of their term of office;
6. When used herein:
Barangay refers not only to barrios which were declared
barangays by virtue of Presidential Decree No. 557 but also to
barangays otherwise known as citizens assemblies pursuant to
Presidential Decree No. 86.
Barangay Captain refers to the Barangay Captains of the barrios
which declared barangay by virtue of Presidential Decree No. 557
and to the Chairmen of barangays otherwise known as citizens
assemblies pursuant to Presidential Decree No. 86.
b) Oath and Term of Office. Upon appointment, each member
shall take an oath of office before the Barangay Captain. He shall
hold office until December 31 of the calendar year subsequent to
the year of his appointment unless sooner terminated by
resignation, transfer of residence or place of work, or withdrawal
of appointment by the Barangay Captain with the concurrence of
the majority of all the members of the Lupon.
c) Vacancy, Lupon. Should a vacancy occur in the Lupon for any
cause the Barangay Captain shall as soon as possible appoint a
suitable replacement. The person appointed shall hold office only
for the unexpired portion of the term of the member whom he
replaces.
d) Functions. The Lupon shall exercise administrative supervision
over the conciliation panels hereinafter provided for. It shall meet
regularly once a month (1) to provide a forum for the exchange of
ideas among its members and the public on matters relevant to
the amicable settlement of disputes; and (2) to enable the various
panels to share with one another their observation and
experiences in effecting speedy resolution of disputes.
e) Secretary of the Lupon. The Barangay Secretary shall
concurrently the Secretary of the Lupon. He shall note the results
of the mediation proceedings before the Barangay Captain and
shall submit a report thereon to the proper city or municipal court.
He shall also receive and keep the records of proceedings
submitted to him by the various conciliation panels. He shall issue
the certification referred to in Section 6 hereof.
f) Conciliation Panels. There shall be constituted for each dispute
brought before the Lupon a conciliation panel to be known as
Pangkat ng Tagapagkasundo (hereinafter referred to as Pangkat)
consisting of three (3) members who shall be chosen by
agreement of the parties to the dispute from the list of
membership of the Lupon.
Should the parties fail to agree, they shall, in the presence of the
Barangay Captain or Secretary, make the selection in the
following manner: one party, determined by lot, shall strike out
from the list one name; the other party shall in turn strike out
another; the parties shall thereafter continue alternately to strike
out names until there shall remain on the list only by four (4),
three (3) of whom shall be the members of the Pangkat, and the
fourth, to be determined by lot, shall be the alternate.
In the event any of the four (4) remaining names is, for cause to
be passed upon solely by the Barangay Captain, still objected to
by any party, the procedure provided for in paragraph (g)
hereunder shall be followed.
Should there be more than one complainant or respondent, each
side to the dispute shall choose its representative to such striking-
out process.
The three (3) members shall elect from among themselves the
chairman and the secretary of the Pangkat.
The secretary of the Pangkat shall keep minutes of its
proceedings attested by the chairman and submit a copy thereof
to the Lupon Secretary and to the proper city or municipal court.
He shall issue and cause to be served notices to the parties and
give certified true copies of any public record in his custody that is
not by law otherwise declared confidential.
g) Vacancy, Pangkat. Any vacancy in the Pangkat shall be filled
by the Barangay Captain from among the other members of the
Lupon, to be determined by lot.
h) Succession to or substitution for Barangay Captain. In the
event the Barangay Captain ceases to hold office or is unable to
perform his duties herein provided, the order of
succession/substitution to his position as provided by law shall be
followed.
i) Character of Office. The members of the Lupon shall be
deemed public officers and persons in authority, within the
meaning of the Revised Penal Code.
j) Character of Service. The members of the Lupon or Pangkat
shall serve without any compensation or allowance whatsoever.
Such service by any Lupon or Pangkat member, whether he be in
public or private employment, shall be deemed to be on official
time and no such member shall suffer any diminution in
compensation or allowances by reason thereof.
k) Legal advice. The Barangay Captain or any member of the
Lupon or Pangkat may, whenever he deems it necessary in the
 exercise of his functions under this Decree, seek the advice of the
legal adviser of the provincial/city/municipal government.
Section 2. Subject matters for amicable settlement. The Lupon of each
barangay shall have authority to bring together the parties actually
residing in the same city or municipality for amicable settlement of all
disputes except:
1. Where on 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. Offenses punishable by imprisonment exceeding 30 days, or a
fine exceeding P200.00;
4. Offenses where there is no private offended party;
5. Such other classes of disputes which the Prime Minister may in
the interest of justice determine upon recommendation of the
Minister of Justice and the Minister of Local Government.
Section 3. Venue. Disputes between or among persons actually residing
in the same barangay shall be brought for amicable settlement before the
Lupon of said barangay. Those involving actual residents of different
barangays within the same city or municipality shall be brought inn the
barangay where the respondent or any of the respondents actually
resides, at the election of the complainant. However, all disputes which
involved real property or any interest therein shall be brought in the
barangay where the real property or any part thereof is situated.
The Lupon shall have no authority over disputes:
1. involving parties who actually reside in barangays of different
cities or municipalities, except where such barangays adjoin each
other; and
2. involving real property located in different municipalities.
Objections to venue shall be raised in the mediation proceedings before
the Barangay Captain as provided for in Section 4(b) hereunder;
otherwise, the same shall be deemed waived. Any legal question which
may confront the Barangay Captain in resolving objections to venue
herein referred to may be submitted to the Minister of Justice whose
ruling thereon shall be binding.
Section 4. Procedure for amicable settlement.
a) Who may initiate proceedings. Any individual who has a cause
of action against another individual involving any matter within the
authority of the Lupon as provided in Section 2 may complain
orally or in writing, to the Barangay Captain of the barangay
referred to in Section 3 hereof.
b) Mediation by Barangay Captain. Upon receipt of the complaint,
the Barangay Captain shall, within the next working day summon
the respondent/s with notice to the complainant/s for them and
their witnesses to appear before him for a mediation of their
conflicting interests. If he fails in his effort within fifteen (15) days
from the first meeting of the parties before him, he shall forthwith
set a date for the constitution of the Pangkat in accordance with
the provisions of Section 1 of this Decree.
c) Hearing before the Pangkat. The Pangkat shall convene not
later than three (3) days from its constitution, on the day and hour
set by the Barangay Captain, to hear both parties and their
witnesses, simplify issues, and explore all possibilities for
amicable settlement. For this purpose, the Pangkat may issue
summons for the personal appearance of parties and witnesses
before it.
In the event that the party moves to disqualify any member of the
Pangkat by reason of relationship, bias, interest or any other
similar ground/s discovered after constitution of the Pangkat, the
matter shall be resolved by the affirmative vote of the majority of
the Pangkat whose decision shall be final. Should disqualification
be decided upon, the procedure provided for in paragraph (g) of
Section 1 shall be followed.
d) Sanctions. Refusal or willful failure of any party or witness to
appear in compliance with the summons issued pursuant to the
preceding two (2) paragraphs may be punished by the city or
municipal court as for direct contempt of court upon application
filed therewith by the Lupon Chairman, the Pangkat Chairman, or
 by any of the parties. Further, such refusal or willful failure to
appear shall be reflected in the records of the Lupon Secretary or
in the minutes of the Pangkat Secretary and shall bar the
complainant from seeking judicial recourse for the same cause of
action, and the respondent, from filing any counterclaim arising
out of or necessarily connected therewith.
Willful failure or refusal without justifiable cause on the part of any
Pangkat member to act as such, as determined by the vote of a
majority of all the other members of the Lupon, whose decision
thereon shall be final, shall result in his disqualification from
public office in the city or municipality for a period of one year.
e) Time limit. The Pangkat shall arrive at a settlement/resolution
of the dispute within fifteen (15) days from the day it convenes in
accordance with paragraph (c) hereof. This period shall, at the
discretion of the Pangkat, be extendible for another period which
shall not exceed fifteen (15) days except in clearly meritorious
cases.
Section 5. Form of settlement. All amicable settlements shall be in
writing, in a language or dialect known to the parties, signed by them and
attested by the Barangay Captain or the Chairman of the Pangkat, as the
case may be. When the parties to the dispute do not use the same
language/dialect, the settlement shall be written in the languages; dialect
known to them.
Section 6. Conciliation, pre-condition to filing of complaint. No complaint,
petition, action or proceeding involving any matter within the authority of
the Lupon as provided in Section 2 hereof shall be filed or instituted in
court or any other government office for adjudication unless there has
been a confrontation of the parties before the Lupon Chairman or the
Pangkat and no conciliation or settlement has been reached as certified
by the Lupon Secretary or the Pangkat Secretary, attested by the Lupon
or Pangkat Chairman, or unless the settlement has been repudiated.
However, the parties may go directly to the court in the following cases:
1. Where the accused is under detention;
2. Where a person has otherwise been deprived of personal
liberty calling for habeas corpus proceedings;
3. Actions coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property and support
pendente lite; and
4. Where the action may otherwise be barred by the Statute of
Limitations.
Section 7. Arbitration. The parties may, at any stage of the proceedings,
agree in writing that they shall abide by the arbitration award of the
Barangay Captain or the Pangkat. Such agreement to arbitrate may
within five (5) days from the date thereof, he repudiated for the same
grounds and in accordance with the procedure prescribed in Section 13
hereof. The arbitration award shall be made after the lapse of the period
for repudiation and within ten (10) days thereafter.
The arbitration award shall be in writing in a language or dialect known to
the parties. When the parties to the dispute do not use the same
language/dialect, the award shall be written in languages/dialects known
to them.
Section 8. Proceedings public; exception. All proceedings for settlement
shall be public and informal, Provided, that the Barangay Captain or the
Pangkat, as the case may be, may motu propio or upon request of a
party exclude the public from the proceedings in the interest of privacy,
decency or public morals.
Section 9. Appearance of parties in person. In all other proceedings
provided for herein, the parties must appear in person without the
assistance of counsel/representative, with the exception of minors and
incompetents who may be assisted by their next of kin who are not
lawyers.
Section 10. Admissions. Admissions made in the course of any
proceedings for settlement may be admissible for any purpose in any
other proceeding.
Section 11. Effect of amicable settlement and arbitration award. The
amicable settlement and arbitration award shall have the force and effect
of a final judgment of a court, upon the expiration of ten (10) days from
the date thereof unless repudiation of the settlement has been made or a
petition for nullification of the award has been filed before the proper city
or municipal court.
Section 12. Execution. The amicable settlement or arbitration award may
be enforced by execution within one (1) year from the date of the
settlement. After the lapse of such time, the settlement may be enforced
by action in the appropriate city/municipal court.
Section 13. Repudiation. Any party to the dispute may, within ten (10)
days from the date of settlement, repudiate the same by filing with the
Barangay Captain a statement to that effect sworn to before him, where
the consent is vitiated by fraud, violence or intimidation. Such repudiation
shall be sufficient basis for the issuance of the certification for filing a
complaint, provided for in Section 6 hereof.
Section 14. Transmittal of settlement and arbitration award to court. The
Secretary of the Lupon shall transmit the settlement of arbitration award
to the local city or municipal court within five (5) days from the date of the
award or from the lapse of ten-day period for repudiating the settlement
and shall furnish copies thereof to each of the parties to the settlement
and the Barangay Captain.
Section 17. Separability Clause. If, for any reason, any provision of this
Decree shall be held to be unconstitutional or invalid, no other provision
hereof shall be affected thereby.
Section 18. Appropriations. To carry out the purposes of this Decree,
there is hereby appropriated the sum of Twenty-five Million Pesos
(P25,000,000.00) from the General Funds for the current year.
Thereafter, the appropriation for such funds as may be necessary for the
purpose shall be provided for in the General Annual Appropriation Acts.
Section 19. Effectivity. This Decree shall take effect six (6) months after
its promulgation.
DONE in the City of Manila, this 11th day of June, in the year of Our
Lord, nineteen hundred and seventy-eight.

Section 15. Power to administer oaths. The Barangay Captain and

members of the Pangkat are hereby authorized to administer oaths in
connection with any matter relating to all proceedings provided for in this
Decree.

Section 16. Administration; rules and regulations.

(a) The Minister of Local Government and Community

Development shall see to the efficient implementation and
administration of this Decree. For this purpose, he shall be
empowered to promulgate rules and regulations, upon
consultation with the Minister of Justice. In the process, the
Minister of Local Government and Community Development may
seek cooperation and coordination from other departments,
agencies or instrumentalities of the National Government; and
such departments, agencies or instrumentalities are hereby
directed to render assistance whenever so requested.

(b) Without prejudice to the provisions of Section (k) hereof, legal

questions arising in the administration and implementation of this
laws shall be submitted to the Minister of Justice for resolution.
1.) Zamora VS Heirs of Carmen Izquierdo
First, the explained the primary objective of the Katarungang
Pambarangay Law:
It is to REDUCE THE NUMBER OF COURT LITIGATIONS AND PREVENT
DETORIATION of the quality justice which has been brought about by the
indiscriminate filing f cases in the courts.
Thus, to attaiin th said objective, the Local Government Code REQUIRES
THE PARIES TO UNDERGO A CONCILIATION PROCESS BEFORE LUPON
CHAIRMAN OR THE PANGKAT AS A PRECONDITION TO FILING A
COMPLAINT IN COURT.
2.) Aquino VS Aure
OBJECTIVE OF THE KATARUNGANAG PAMBARANGAY LAW...
The barangay justice system was established primarily as a means of
easing up the congestion of cases in the judicial courts. This could be
accomplished through a proceeding before the barangay courts... is
essentially arbitration in character, and to make it truly effective, it should
also be compulsory.
With this primary objective of the barangay justice system in mind, it would
be wholly in keeping with the underlying philosophy of
Presidential Decree No. 1508, otherwise known as the Katarungang
Pambarangay Law, and the policy behind it would be better served if an out-
of-court settlement of the case is reached voluntarily by the parties.
The primordial objective of Presidential Decree No. 1508 is to reduce the
number of court litigations and prevent the deterioration of the quality
of justice which has been brought by the indiscriminate filing of cases in the
courts.
PRE-CONDITION IN FILING...
To ensure this objective, Section 6 of Presidential Decree No. 1508 requires
the parties to undergo a conciliation process before the Lupon Chairman
or the Pangkat ng Tagapagkasundo as a precondition to filing a
complaint in court subject to certain... exceptions[20] which are inapplicable
to this case. The said section has been declared compulsory in nature.
INCORPORATION OF PD 1508 to RA 7160...
It states that no complaint, petition, action or proceeding involving any matter
within the authority of the Lupon, SHALL BE FILE DOR INSTITUTED directily to
the court UNLESS THERE HAS BEEN A CONFRONTATION BETWEEN THE
PARTIES BEFORE LUPON CHJAIRMAN or PANGKAT.
DETERMINATION ON WHETHER FAILURE TO RESORT TO BARANGAY
CONCILIATION IS A JURISDICTIONAL FLAW THAT WARRRANTS THE
DISMISSAL OF EJECTMENT CASE...
The Court recognized that Noncompliance of the barangay conciliation
proceedings has the same effect produced by the non-exhaustion of
administrative remedies.
HOWEVER, the Court ruled that conciliation process is not a jurisdictional
requirement. so that non-compliance therewith CANNOT AFFECT THE
JURISDICTION WHICH THE COURT ACQUIRED OVER THE SUBJECT MATTER
OR PERSON OF THE DEFENDANT.
3.) Chavez VS CA
The Revised Katarungang Pambarangay Law provides that an
amicable settlement reached after barangay conciliation proceedings
has the force and effect of a final judgment of a court if not
repudiated or a petition to nullify the same is filed before the
proper city or municipal court within ten (10) days from its date.
TWI-TIERED MODE OF ENFORCEMENT…
It further provides that the settlement may be enforced by execution:
1. by the lupong tagapamayapa within six (6) months from its date, or
2. if beyond the sixmonth period by action in the appropriate city or
municipal court. (JUDICIAL REMEDY)
The availability of the right of rescission is apparent from the wording of Sec.
417 itself which provides that the amicable settlement “may” be enforced
by execution by the lupon within six (6) months from its date or by action
in the appropriate city or municipal court, if beyond that period. The
use of the word “may” clearly makes the procedure provided in the
Revised Katarungang Pambarangay Law directory or merely optional in
nature.

Although the “Kasunduan” executed by petitioner and respondent before

the Office of the Barangay Captain had the force and effect of a
final judgment of a court,

petitioner’s noncompliance paved the way for the application of

Art. 2041 under which respondent may either enforce the
compromise, following the procedure laid out in the Revised
Katarungang Pambarangay Law, or regard it as rescinded and insist
upon his original demand.
(bale may dalwang choice si respondent:
1. enforce the compromise as laid out in the Katarungang Pambarangay Law
OR
2. regard it as RESCINDED and insist upon original demand)

6.) HAROLD VS ALIBA

The issue concerning the alleged non-compliance of the amicable settlement

pursuant to the mandate of Section 41122 of Republic Act No. 7160 or the
Local Government Code (LGC) arose because there was no formal document
denominated as "Amicable Settlement" signed by the parties. However, we
agree with the similar holdings of the Court of Appeals and the RTC that the
requirements under Section 411 of the LGC had been substantially complied
with. The minutes of the barangay conciliation proceedings readily disclose
the terms agreed upon by the parties for the settlement of their dispute, and
that the acknowledgment receipt, which was written in a language known to
the parties, signed by them, attested to by the Lupon Chairman, and
witnessed by several barangay officials, serves as an indubitable proof of the
amicable settlement and of the substantial compliance of its terms by
respondent Aliba.