SALIENT FEATURES OF THE KATARUNGANG PAMBARANGAY LAW

BY Assoc. Dean Oscar B. Bernardo

1. Authority of the Lupong Tagapamayapa:

The Lupong Tagapamayapa of each barangay has the authority to bring

together the parties who are actual residents of the same barangay or actual
residents of different barangays of the same municipality or city or actual
residents of adjoining barangays for amicable settlement of all disputes, except
the following disputes.
Disputes not covered by Katarungang Pambarangay Law:
a. Where one party is the government or subdivision or instrumentality
thereof
b. Where one party is a public officer or employee in relation to
performance of his official functions
c. Offenses punishable by imprisonment of more than 1 year or fine of
more than Php5,000
d. Offenses where there is no private offended party
e. Where the dispute involves real properties located in different
municipalities or cities
f. Disputes involving parties who are actual residents of barangays of
different municipalities or cities, except when such are adjoining
barangays
g. Such other classes of disputes, not covered by the Katarungang
Pambarangay Law, which the President may determine in the interest
of justice or upon the recommendation of the Secretary of Justice.
(Section 408, The Local Government Code)

2. Venue of Barangays Disputes:

a. Disputes between persons who are actual residents of the SAME

barangay shall be brought for amicable settlement before the Lupong
Tagapamayapa of said barangay.
b. Disputes between persons who are actual residents of different
barangays of the SAME municipality or city shall be brought in the
barangay where respondent or any of the respondents actually
resides, at the option of complainant
c. Disputes involving real property or interest therein shall be brought in
the barangay where the real property or larger portion of real property
is located
d. Disputes arising at the workplace where the parties are employed or
at the institution where the parties are enrolled shall be brought in the
barangay where such workplace or institution is located. (Section 409,
The Local Government Code)

3. Prescription of Barangay Offenses:

Filing of complaint with the Punong Barangay (Barangay Chairman/

Barangay Chairperson) interrupts the period of prescription of the
offense/cause of action. Such interruption shall not be more than 60 days from
filing thereof. Prescriptive period resumes upon receipt by complainant of the
Certification to File Action in Court. (Section 410, The Local Government Code)
4. Pre-condition to Filing of Complaint in Court:
Prior referral of the dispute before the Lupon Chairman or Pangkat ng
Tagapagkasundo is a pre-condition for filing of complaint in court. However,
parties may go directly to court:
a. Where the accused is under detention
b. Where a person was deprived of personal liberty
c. Where action is coupled with provisional remedies, such as
preliminary injunction, preliminary attachment, replevin pendente lite,
support pendente lite.
d. Where action may be barred by prescription. (Section 412, The Local
Government Code)
5. Personal appearance of parties:
Parties must appear in person in all Barangay proceedings, without the
assistance of lawyer or representative, except for minors and incompetents who
may be assisted by their next of kin who are not lawyers.
6. Certification To File Action:

Certification To File Action in Court is the certification issued by the

Lupon Secretary or Pangkat Secretary, attested to by the Lupon Chairman or
Pangkat Chairman that no conciliation or settlement has been reached by the
parties. (Section 412, The Local Government Code).
7. Effect of Barangay Amicable Settlement:
The Barangay Amicable Settlement has the force and effect of a final
judgment of a court upon expiration of 10 days from date of settlement. Any
party may repudiate the same within 10 days from date of settlement where
consent is vitiated by fraud, violence or intimidation. (Sections 416 and 418,
The Local Government Code)

8. Execution of Barangay Amicable Settlement:

Execution of Barangay Amicable Settlement may be made by motion
before the Lupong Tagapamayapa within 6 months from date of settlement.
Execution of Barangay Amicable Settlement may be made by action in
the proper municipal or city court after 6 months from date of settlement.
(Section 417, The Local Government Code)