PRESIDENTIAL DECREE No.

1508 June 11, 1978 THE LOCAL GOVERNMENT CODE OF THE

(repealed by R.A. 7160 PHILIPPINES
BOOK III LOCAL GOVERNMENT UNITS TITLE REPUBLIC ACT NO. 7160
ONE. – THE BARANGAY
16 SECTIONS October 10, 1991
WHEREAS, the perpetuation and official Setion 41(b) Amended by RA 8553
recognition of the time-honored tradition of Setion 43 Amended by RA 8553
amicably settling disputes among family and
AN ACT PROVIDING FOR A LOCAL GOVERNMENT
barangay members at the barangay level
CODE OF 1991
without judicial resources would promote the
speedy administration of justice and implement
Be it enacted by the Senate and House of
the constitutional mandate to preserve and
Representatives of the Philippines in Congress
develop Filipino culture and to strengthen the
assembled:
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:
ESTABLISHING A SYSTEM OF AMICABLY
SETTLING DISPUTES AT THE BARANGAY LEVEL
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:
BOOK III LOCAL GOVERNMENT UNITS TITLE ONE.
– THE BARANGAY
CHAPTER VII..23 SECTIONS (399-422)..PLUS 515
SECTION. 399. Lupong Tagapamayapa.
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.
(a) 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
1. Any suitable person actually residing or reputation for probity, may be appointed a
working in the barangay, not otherwise member of the lupon.
expressly disqualified by law, and taking into
account considerations of integrity,
(a) A notice to constitute the lupon, which shall
impartiality, independence of mind, sense of
include the names of proposed members who
fairness, and reputation for probity, including
have expressed their willingness to serve, shall be
educational attainment, may be appointed
prepared by the Punong Barangay within the first
member;
fifteen (15) days from the start of his term of
2. A notice to constitute the Lupon, which shall office. Such notice shall be posted in three (3)
include the names of proposed members who conspicuous places in the Barangay continuously
have expressed their willingness to serve, shall for a period of not less than three(3) weeks;
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) (b) The Punong Barangay, taking into
conspicuous places in the barangay consideration any opposition to the proposed
continuously for a period of not less than three appointment or any recommendations for
(3) weeks; appointments as may have been made within the
period of posting, shall within ten (10) days
3. The Barangay Captain, taking into thereafter, appoint as members those whom he
consideration any opposition to the proposed determines to be suitable therefor.
appointment or any recommendation/s for Appointments shall be
appointment as may have been made within in writing, signed by the Punong Barangay, and
the period of posting, shall within ten (10) days attested to by the Barangay secretary.
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 (c) The list of appointed members shall be posted
Barangay Secretary; in three (3) conspicuous places in the Barangay
for the entire duration of their term of office; and
5. The list of appointed members shall be
posted in three (3) conspicuous places in the
barangay for the entire duration of their term (d) In Barangays where majority of the inhabitants
of office; are members of indigenous cultural communities,
local systems of es through their councils of datus
6. When used herein: or elders shall be recognized without prejudice to
the applicable provisions of this Code.
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. SECTION. 400. Oath and Term of Office. - Upon
Barangay Captain refers to the Barangay appointment, each lupon
Captains of the barrios which declared member shall take an oath of office before the
barangay by virtue of Presidential Decree No. Punong Barangay. He shall hold office until a new
557 and to the Chairmen of barangays lupon is constituted on the third year following his
otherwise known as citizens assemblies appointment unless sooner terminated by
pursuant to Presidential Decree No. 86. resignation, transfer of residence or place of
work, or withdrawal of appointment by the
b) Oath and Term of Office. Upon appointment, Punong Barangay with the concurrence of the
each member shall take an oath of office majority of all the members of the lupon.
before the Barangay Captain. He shall hold
office until December 31 of the calendar year SECTION. 401. Vacancies. - Should a vacancy
subsequent to the year of his appointment occur in the lupon for any cause, the Punong
unless sooner terminated by resignation, Barangay shall immediately appoint a qualified
transfer of residence or place of work, or person who shall hold office only for the
withdrawal of appointment by the Barangay unexpired portion of the term.
Captain with the concurrence of the majority of
all the members of the Lupon.

SECTION. 402. Functions of the Lupon. - The lupon

b) Vacancy, Lupon. Should a vacancy occur
shall:
in the Lupon for any cause the Barangay
(a) Exercise administrative supervision over the
Captain shall as soon as possible appoint
conciliation panels
a suitable replacement. The person
provided herein;
appointed shall hold office only for the
unexpired portion of the term of the (b) Meet regularly once a month to provide a
member whom he replaces. forum for exchange of ideas among its members
and the public on matters relevant to the
d) Functions. amicable settlement of disputes, and to enable
various conciliation panel members to share with
The Lupon shall exercise administrative one another their observations and experiences in
supervision over the conciliation panels effecting speedy resolution of disputes; and
hereinafter provided for.
(c) Exercise such other powers and perform such
It shall meet regularly once a month (1) to other duties and
provide a forum for the exchange of ideas functions as may be prescribed by law or
among its members and the public on matters ordinance.
relevant to the amicable settlement of
disputes; and (2) to enable the various panels SECTION. 403. Secretary of the Lupon. - The
to share with one another their observation Barangay secretary shall concurrently serve as the
and experiences in effecting speedy resolution secretary of the lupon. He shall record the results
of disputes. 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
e) Secretary of the Lupon. The Barangay panels.
Secretary shall concurrently the Secretary of
the Lupon. He shall note the results of the
mediation proceedings before the Barangay
SECTION. 404. Pangkat ng Tagapagkasundo.
Captain and shall submit a report thereon to
- (a) There shall be constituted for each dispute
the proper city or municipal court. He shall also
brought before the lupon a conciliation panel to
receive and keep the records of proceedings
be known as the pangkat ng tagapagkasundo,
submitted to him by the various conciliation
hereinafter referred to as the pangkat,
panels. He shall issue the certification referred
consisting of three (3) members who shall be
to in Section 6 hereof.
chosen by the parties to the
dispute from the list of members of the lupon.
f) Conciliation Panels. There shall be
constituted for each dispute brought before the
Should the parties fail to agree on the pangkat
Lupon a conciliation panel to be known as
membership, the same shall be determined by
Pangkat ng Tagapagkasundo (hereinafter
lots drawn by the lupon chairman.
referred to as Pangkat) consisting of three (3)
members who shall be chosen by agreement of (b) The three (3) members constituting the
the parties to the dispute from the list of pangkat shall elect from among themselves the
membership of the Lupon. chairman and the secretary. The secretary shall
prepare the minutes of the pangkat proceedings
Should the parties fail to agree, they shall, in and submit a copy duly attested to by the
the presence of the Barangay Captain or chairman to the lupon secretary and to the proper
Secretary, make the selection in the following city or municipal court. He shall issue and cause to
manner: be served notices to the parties concerned.

one party, determined by lot, shall strike out The lupon secretary shall issue certified true
from the list one name; the other party shall in copies of any public
turn strike out another; the parties shall record in his custody that is not by law otherwise
thereafter continue alternately to strike out declared
names until there shall remain on the list only confidential.
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 SECTION. 405. Vacancies in the Pangkat. –
the Pangkat. Any vacancy in the pangkat shall
be chosen by the parties to the dispute from
The secretary of the Pangkat shall keep minutes
among the other lupon members. Should the
of its proceedings attested by the chairman and
parties fail to agree on a common choice, the
submit a copy thereof to the Lupon Secretary
vacancy shall be filled by lot to be drawn by the
and to the proper city or municipal court. He
lupon chairman.
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.
SECTION. 406. Character of Office and Service of
Any vacancy in the Pangkat shall be filled by the
Lupon Members.
Barangay Captain from among the other
-(a) The lupon members, while in the
members of the Lupon, to be determined by
performance of their official duties or on the
lot.
occasion thereof, shall be deemed as persons in
authority, as defined in The Revised Penal Code.

(b) The lupon or pangkat members shall serve

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.
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.

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.
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

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 (a) Where one party is the government, or any
of the provincial/city/municipal government.
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:
subdivision or instrumentality thereof;

(b) Where one party is a public officer or

Section 2. Subject matters for amicable employee, and the dispute relates to the
settlement. performance of his official functions;
The Lupon of each barangay shall have
(c) Offenses punishable by imprisonment
authority to bring together the parties actually
exceeding one (1) year or a fine exceeding Five
residing in the same city or municipality for
thousand pesos (Php5,000.00);
amicable settlement of all disputes except:
(d) Offenses where there is no private offended
1. Where on party is the government, or any
party;
subdivision or instrumentality thereof;
(e) Where the dispute involves real properties
2. Where one party is a public officer or
located in different cities
employee, and the dispute relates to the
or municipalities unless the parties thereto agree
performance of his official functions;
to submit their differences to amicable settlement
3. Offenses punishable by imprisonment by an appropriate lupon;
exceeding 30 days, or a fine exceeding P200.00;
(f) Disputes involving parties who actually reside
in Barangays of different cities or municipalities,
4. Offenses where there is no private offended except where such Barangay units
party; adjoin each other and the parties thereto agree to
submit their differences to amicable settlement
by an appropriate lupon;

(d) 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
5. Such other classes of disputes which the amicable
Prime Minister may in the interest of justice settlement.
determine upon recommendation of the
Minister of Justice and the Minister of Local
Government.
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

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 in 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.
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.

The Lupon shall have no authority over

disputes:
Objections to venue shall be raised in the
1. involving parties who actually reside in mediation proceedings before the Punong
barangays of different cities or municipalities,Barangay; otherwise, the same shall be deemed
except where such barangays adjoin each waived. Any legal question which may confront
other; and the Punong Barangay in resolving objections to
venue herein referred to may be submitted to the
2. involving real property located in different
secretary of Justice, or his duly designated
municipalities.
representative, whose ruling thereon shall be
Objections to venue shall be raised in the binding.
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.
c) 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.
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
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 SECTION 515
disqualification be decided upon, the
procedure provided for in paragraph (g) of
Section 1 shall be followed.
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.

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 (e) Period to arrive at a settlement - The pangkat
therewith. shall arrive at a settlement or resolution of the
dispute within fifteen (15) days from the day it
Willful failure or refusal without justifiable convenes in accordance with this section. This
cause on the part of any Pangkat member to period shall, at the discretion of the pangkat, be
act as such, as determined by the vote of a extendible for another period which shall not
majority of all the other members of the Lupon, exceed fifteen (15) days, except in clearly
whose decision thereon shall be final, shall meritorious cases.
result in his disqualification from public office in
the city or municipality for a period of one year. SECTION. 411. Form of Settlement. - All amicable
settlements shall be in writing, in a language or
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 communities shall
such as preliminary injunction, attachment,
delivery of personal property and support
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 or dialect 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
be applied in settling disputes between members
of the cultural communities.
pendente lite; and

4. Where the action may otherwise be barred

SECTION. 413. Arbitration. - (a) The parties may,
by the Statute of Limitations.
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.

Section 7. Arbitration. The parties may, at any

stage of the proceedings, agree in writing that (b) The arbitration award shall be in writing in a
they shall abide by the arbitration award of the language or dialect known to the parties. When
Barangay Captain or the Pangkat. Such the parties to the dispute do not use the same
agreement to arbitrate may within five (5) days language or dialect, the award shall be written in
from the date thereof, he repudiated for the the language or dialect known to them.
same grounds and in accordance with the
SECTION. 414. Proceedings Open to the Public;
procedure prescribed in Section 13 hereof. The
Exception. –
arbitration award shall be made after the lapse
All proceedings for settlement shall be public and
of the period for repudiation and within ten
informal: Provided, however, That the lupon
(10) days thereafter.
chairman or the pangkat chairman, as the case
The arbitration award shall be in writing in a may be, may motu proprio or upon request of a
language or dialect known to the parties. When party, exclude the public from the proceedings in
the parties to the dispute do not use the same the interest of privacy, decency, or public morals.
language/dialect, the award shall be written in
SECTION. 415. Appearance of Parties in Person. -
languages/dialects known to them.
In all katarungang pamBarangay proceedings, the
Section 8. Proceedings public; exception. parties must appear in person without the
assistance of counsel or representative, except for
All proceedings for settlement shall be public minors and incompetents who may be assisted by
and informal, Provided, that the Barangay their next-of-kin who are not lawyers.
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 SECTION. 416. Effect of Amicable Settlement and
parties must appear in person without the Arbitration Award. – The amicable settlement and
assistance of counsel/representative, with the arbitration award shall have the force and effect
exception of minors and incompetents who of a final judgment of a court upon the expiration
may be assisted by their next of kin who are of ten (10) days from the date thereof, unless
not lawyers. repudiation of the settlement has been made or a
petition to nullify the award has been filed before
Section 10. Admissions. Admissions made in the the proper city or municipal court.
course of any proceedings for settlement may
be admissible for any purpose in any other However, this provision shall not apply to court
proceeding. cases settled by the lupon under the last
paragraph of section 408 of this Code, in which
Section 11. Effect of amicable settlement and case the
arbitration award. The amicable settlement and compromise settlement agreed upon by the
arbitration award shall have the force and parties before the lupon chairman or the pangkat
effect of a final judgment of a court, upon the chairman shall be submitted to the court and
expiration of ten (10) days from the date upon approval thereof, have the force and effect
thereof unless repudiation of the settlement of a judgment of said court.
has been made or a petition for nullification of
the award has been filed before the proper city SECTION. 417. Execution. - The amicable
or municipal court. 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
Section 12. Execution. The amicable settlement the settlement, repudiate the same by filing with
or arbitration award may be enforced by the lupon chairman a statement to that effect
execution within one (1) year from the date of sworn to before him, where the consent is
the settlement. After the lapse of such time, vitiated by fraud, violence, or intimidation. Such
the settlement may be enforced by action in repudiation shall be sufficient basis for the
the appropriate city/municipal court. issuance of the certification for filing a complaint
as hereinabove provided.
Section 13. Repudiation. Any party to the
dispute may, within ten (10) days from the date SECTION. 419. Transmittal of Settlement and
of settlement, repudiate the same by filing with Arbitration Award to the Court. - The secretary of
the Barangay Captain a statement to that effect the lupon shall transmit the settlement or the
sworn to before him, where the consent is arbitration award to the appropriate city or
vitiated by fraud, violence or intimidation. Such municipal court within five (5) days from the date
repudiation shall be sufficient basis for the of the award or from the lapse of the ten-day
issuance of the certification for filing a period repudiating the settlement and shall
complaint, provided for in Section 6 hereof. furnish copies thereof to each of the parties to
the settlement and the lupon chairman.
Section 14. Transmittal of settlement and
arbitration award to court. The Secretary of the SECTION. 420. Power to Administer Oaths. - The
Lupon shall transmit the settlement of Punong Barangay, as chairman of the Lupong
arbitration award to the local city or municipal Tagapamayapa, and the members of the pangkat
court within five (5) days from the date of the are hereby authorized to administer oaths in
award or from the lapse of ten-day period for connection with any matter relating to all
repudiating the settlement and shall furnish proceedings in the implementation of the
copies thereof to each of the parties to the katarungang pamBarangay.
settlement and the Barangay Captain.
SECTION. 421. Administration; Rules and
Section 15. Power to administer oaths. The Regulations.
Barangay Captain and members of the Pangkat
are hereby authorized to administer oaths in - The city or municipal mayor, as the case may be,
connection with any matter relating to all shall see to the efficient and effective
proceedings provided for in this Decree. implementation and administration of the
katarungang pamBarangay. The secretary of
Justice shall promulgate the rules and regulations
necessary to implement this Chapter.
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 SECTION. 422. Appropriations. - Such amount as
or instrumentalities of the National may be necessary for the effective
Government; and such departments, agencies implementation of the katarungang pamBarangay
or instrumentalities are hereby directed to shall be provided for in the annual budget of the
render assistance whenever so requested. city or municipality concerned.

(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.
SECTION 515. Refusal or Failure of Any Party or
Witness to Appear before the Lupon or Pangkat. -
Refusal or willful failure of any party or witness to
appear before the lupon or pangkat in compliance
with a summons issued pursuant to the provisions
on theKatarungang PamBarangay under Chapter
7, Title One of Book III of this Code may be
punished by the city or municipal court as for
indirect contempt of court upon application filed
therewith by the lupon chairman, the pangkat
chairman, or by any of the contending parties.
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 who fails to appear, from
seeking judicial recourse for the same cause of
action, and the respondent who refuses to
appear, from filing any counterclaim arising out
of, or necessarily connected with the complaint.

A pangkat member who serves as such shall be

entitled to an honorarium, the amount of which is
to be determined by the Sanggunian concerned,
subject to the provisions in this Code cited above.

GUIDELINES ON THE KATARUNGANG PAMBARANGAY CONCILIATION PROCEDURE TO PREVENT

CIRCUMVENTION OF THE REVISED KATARUNGANG PAMBARANGAY LAW (SECTIONS 399-422, CHAPTER
VII, TITLE I, BOOK III, R.A. 7160. OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991).

CIRCULAR NO. 14-93 July 15, 1993

TO: ALL REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS AND
MUNICIPAL CIRCUIT TRIAL COURTS

SUBJECT: GUIDELINES ON THE KATARUNGANG PAMBARANGAY CONCILIATION PROCEDURE TO

PREVENT CIRCUMVENTION OF THE REVISED KATARUNGANG PAMBARANGAY LAW (SECTIONS 399-422,
CHAPTER VII, TITLE I, BOOK III, R.A. 7160. OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF
1991).
The Revised Katarungang Pambarangay Law under R.A. 7160, otherwise known as the local
Government Code of 1991, effective on January 1, 1992, and which repealed P.D. 1508, introduced
substantial changes not only in the authority granted to the Lupong Tagapamayapa but also in the
procedure to be observed in the settlement of disputes within the authority of the Lupon.

In order that the laudable purpose of the law may not be subverted and its effectiveness undermined
by indiscriminate, improper and/or premature issuance of certifications to file actions in court by the
Lupon or Pangkat Secretaries, attested by the Lupon/Pangkat Chairmen, respectively, the following
guidelines are hereby issued for the information of trial court judges in cases brought before them
coming from the Barangays:
I. All disputes are subject to Barangay conciliation pursuant to the Revised Katarungang Pambarangay
Law (formerly P.D. 1508, repealed and now replaced by Secs. 399-422, Chapter VII, Title I, Book III, and
Sec. 515, Title I, Book IV, R.A. 7160, otherwise known as the Local Government Code of 1991), and prior
recourse thereto is a pre-condition before filing a complaint in court or any government offices, except
in the following disputes:

1. Where one 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. Where the dispute involves real properties located in different cities and municipalities, unless the
parties thereto agree to submit their difference to amicable settlement by an appropriate Lupon;

4. Any complaint by or against corporations, partnership or juridical entities, since only individuals shall
be parties to Barangay conciliation proceedings either as complainants or respondents (Sec. 1, Rule VI,
Katarungang Pambarangay Rules);

5. 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;

6. Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one (1) year or
a fine over five thousand pesos (P5,000.00);

7. Offenses where there is no private offended party;

8. Disputes where urgent legal action is necessary to prevent injustice from being committed or further
continued, specifically the following:

a. Criminal cases where accused is under police custody or detention (see Sec. 412 (b) (1), Revised
Katarungang Pambarangay Law);
b. Petitions for habeas corpus by a person illegally deprived of his rightful custody over another or a
person illegally deprived or on acting in his behalf;

c. Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of
personal property and support during the pendency of the action; and

d. Actions which may be barred by the Statute of Limitations.

9. Any class of disputes which the President may determine in the interest of justice or upon the
recommendation of the Secretary of Justice;

10. Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) (Sec. 46 & 47, R.A.
6657);

11. Labor disputes or controversies arising from employer-employee relations (Montoya vs. Escayo, et
al., 171 SCRA 442; Art. 226, Labor Code, as amended, which grants original and exclusive jurisdiction
over conciliation and mediation of disputes, grievances or problems to certain offices of the
Department of Labor and Employment);

12. Actions to annul judgment upon a compromise which may be filed directly in court (See Sanchez vs.
Tupaz, 158 SCRA 459).

II. Under the provisions of R.A. 7160 on Katarungang Pambarangay conciliation, as implemented by the
Katarungang Pambarangay Rules and Regulations promulgated by the Secretary of Justice, the
certification for filing a complaint in court or any government office shall be issued by Barangay
authorities only upon compliance with the following requirements:

1. Issued by the Lupon Secretary and attested by the Lupon Chairman (Punong Barangay), certifying
that a confrontation of the parties has taken place and that a conciliation settlement has been reached,
but the same has been subsequently repudiated (Sec. 412, Revised Katarungang Pambarangay Law;
Sec. 2[h], Rule III, Katarungang Pambarangay Rules);

2. Issued by the Pangkat Secretary and attested by the Pangkat Chairman, certifying that:
a. a confrontation of the parties took place but no conciliation/settlement has been reached (Sec. 4[f],
Rule III, Katarungang Pambarangay Rules; or

b. that no personal confrontation took place before the Pangkat through no fault of the complainant
(Sec. 4[f], Rule III, Katarungang Pambarangay Rules).

3. Issued by the Punong Barangay, as requested by the proper party on the ground of failure of
settlement where the dispute involves members of the same indigenous cultural community, which
shall be settled in accordance with the customs and traditions of that particular cultural community, or
where one or more of the parties to the aforesaid dispute belong to the minority and the parties
mutually agreed to submit their dispute to the indigenous system of amicable settlement, and there
has been no settlement as certified by the datu or tribal leader or elder to the Punong Barangay of
place of settlement (Secs. 1,4 & 5, Rule IX, Katarungang Pambarangay Rules); and

4. If mediation or conciliation efforts before the Punong Barangay proved unsuccessful, there having
been no agreement to arbitrate (Sec. 410 [b], Revised Katarungang Pambarangay Law; Sec. 1, c. (1),
Rule III, Katarungang Pambarangay Rules), or where the respondent fails to appear at the mediation
proceeding before the Punong Barangay (3rd par. Sec. 8, a, Rule VI, Katarungang Pambarangay Rules),
the Punong Barangay shall not cause the issuance at this stage of a certification to file action, because
it is now mandatory for him to constitute the Pangkat before whom mediation, conciliation, or
arbitration proceedings shall be held.

III. All complaints and/or informations filed or raffled to your sala/branch of the Regional Trial Court
shall be carefully read and scrutinized to determine if there has been compliance with prior Barangay
conciliation procedure under the Revised Katarungang Pambarangay Law and its Implementing Rules
and Regulations, as a pre-condition to judicial action, particularly whether the certification to file action
attached to the records of the case comply with the requirements hereinabove enumerated in par. II;

IV. A case filed in court without compliance with prior Barangay conciliation which is a pre-condition for
formal adjudication (Sec. 412 [a] of the Revised Katarungang Pambarangay Law) may be dismissed
upon motion of defendant/s, not for lack of jurisdiction of the court but for failure to state a cause of
action or prematurity (Royales vs. IAC, 127 SCRA 470; Gonzales vs. CA, 151 SCRA 289), or the court may
suspend proceedings upon petition of any party under Sec. 1, Rule 21 of the Rules of Court; and refer
the case motu proprio to the appropriate Barangay authority, applying by analogy Sec. 408 [g], 2nd
par., of the Revised Katarungang Pambarangay Law which reads as follows:
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 case to the Lupon concerned for amicable
settlement.

Strict observance of these guidelines is enjoined. This Administrative Circular shall be effective
immediately.

Manila, Philippines. July 15, 1993.

(Sgd.) ANDRES R. NARVASA

Chief Justice
WHAT IS THE PROCEDURE IN THE KATARUNGAN PAMBARANGAY LAW?
1. 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

2. Prescriptive periods shall resume upon receipt by the complainant of the complaint or the
certificate of repudiation or of the certification to file action filed by the Lupon or Pangkat secretary

3. Provided however, that such interruption shall not exceed 60 days from the filing of the complaint
with the Punong Barangay

WHAT ARE THE EXCEPTIONS TO THE RULE?

1. Where the accused is under detention
2. Where a person has been otherwise deprived of personal liberty calling for habeas corpus
proceedings
3. Where actions are coupled with provisional remedies
4. Where the action may be barred by the statute of limitations

WHEN ARE AMICABLE SETTLEMENTS NOT ALLOWED?

1. Where one 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 1 year or fine exceeding P5000

4. Offenses where there is no private offended party

5. Where the dispute involves real properties located in different cities or municipalities

6. Disputes involving parties who reside in different barangays, cities or municipalities

7. Other cases which the President may determine in the interest of justice or upon the
recommendation of the Secretary of Justice

WHAT IS THE DIFFERENCE BETWEEN THE INSTANCES WHEN PARTIES MAY GO DIRECTLY TO COURT AND
WHEN AMICABLE SETTLEMENTS ARE NOT ALLOWED?
> The difference is that when the amicable settlements are not allowed, the parties may still go to the
Lupon Taga-pamayapa. It is the Lupon that will say that it has no jurisdiction to settle the dispute, on
the other hand, in the other instance, the parties may go directly to the court without going to the
Lupon.

The Complaint Or Information

Sec. 2. The complaint or information – The complaint or information shall be in writing, in
the name of the People of the Philippines and against all persons who appear to be responsible
for the offense involved.

WHAT IS THE FORM REQUIRED FOR THE COMPLAINT OR INFORMATION?

1. Shall be in writing
2. In the name of the People of the Philippines
3. Against all persons who appear to be responsible for the offense involved

Complaint Defined
Sec. 3. Complaint defined. – A complaint is a sworn written statement charging a person with
an offense, subscribed by the offended party, any peace officer, or other public officer charged
with the enforcement of the law violated.

WHAT IS A COMPLAINT?
1. Sworn written statement
2. Charging a person with an offense
3. Subscribed by the offended party, any peace officer, or public officer charged with the
enforcement of the law
WHO MAY FILE A COMPLAINT?
> May be filed by the offended party, any peace officer, or public officer charged with the
enforcement of the law violated