Procedure in Katarungan Pambaranggay

Purpose: reduce the number of court litigations and prevent deterioration of the quality of justice
which has been brought about by the indiscriminate filing of cases in the courts.
Coverage: The Lupon of each barangay shall have the authority to bring together the parties
actually residing in the same city or municipality for amicable settlement of all disputes.
Subject: All disputes are subject to Barangay conciliation pursuant to the Revised Katarungang
Pambarangay Law and prior recourse thereto is a pre-condition before filing a complaint in court
or any government offices.
Venue:
1. Same barangay = lupon of said barangay
2. Different barangays within same city = where respondent or any of respondents resides
(choice of complainant)
3. Involves real property or interest therein = barangay where said property or larger portion
thereof is
4. Arising from workplace where contending parties are employed or enrolled for study =
barangay where workplace or institution is located
When Brgy Conciliation is not necessary
1. One party is the government or any subdivision or instrumentality thereof
2. One party is a public officer/employee and dispute is related to the performance of official
functions
3. real properties in different cities and municipalities unless parties agree to submit differences
to settlement by an appropriate Lupon
4. complaint by or against corps, partnerships, juridical entities
5. barangays of different cities or municipalities unless barangay units adjoin each other and
parties agree to submit to settlement by appropriate Lupon
6. offenses with max penalty of >1 year imprisonment or fine over P5k
7. there is no private offended party
8. urgent legal action necessary to prevent injustice:
a. crim cases where accused under police custody or detention
b. petition for habeas corpus
c. actions couple with provisional remedies
d. actions which may be barred by statute of limitations
9. class disputes which president may determine in the interest of justice or upon
recommendation of the sec of justice
10. dispute from comprehensive agrarian reform law
11. labor disputes or controversies, enmployer-employee
12. actions to annul judgement upon compromise which may be filed directly in a court
Form of settlement:
1. In writing
2. In language or dialect known to parties
3. signed by parties
4. attested by lupon chairman or pangkat chairman
Effect:
shall have the effect of a final judgment of a court upon the expiration of 10 days from the date
thereof, unless repudiation has been made or a petition to nullify the award has been filed before
the proper court.
Execution:
Within 6 months from the date of the settlement - execution by the lupon.
After the lapse of 6 months - execution by action in the appropriate city or municipal court.
Repudiation: Any party to the dispute may within 10 days from the date of the settlement,
repudiate the same by:
1. Filing with lupon chair a statement of repudiation
2. Sworn before said chair
3. Claiming that consent was vitiated by fraud, violence, or intimidation
[Such repudiation shall be a sufficient basis for the issuance of the certification for filing a
complaint]
Failure to Repudiate: waiver of the right to challenge the settlement on the grounds of vitiated
consent by fraud, violence, or intimidation.
Upon expiration of the 10-day period, the settlement attains the status of finality and it becomes
the ministerial duty of the court to implement and enforce it.