The Katarungang Pambarangay Law:

Barangay in the frontlines in dispensing justice

Atty. Mark Dave M. Camarao

(Pasasalamat sa pag imbita at Pagbati sa lahat ng kalahok; background as SK

Chairperson form 2007-2010; problema ng barangay)

Brief History
P.D. No. 1293 (January 27, 1978) Creating a Katarungang Pambarangay
Commission yan po ay para pag-aralan ang feasibility ng pagkakaroon ng sistema
ng pagresolba ng mga dispute, away o reklamo sa pagitan ng mga
magkakapamilya, magkakapit-bahay at magkakabarangay. Mula sap ag-aaral na
isinagawa ng Commission na ito sa pamumuno ng dating Chief Justice Fred Ruiz
Castro at isinumite ng Komisyon ang panukala o draft ng batas at napirmahan nga
itong batas noong June 11, 1978 bilang Presidential Decree No. 1508 o mas kilala
sa tawag na Katarungang Pambarangay Law. Ang implementing rules o
alintuntuning mag-iimplementa naman nito ay nagkaroon ng bisa noong February
10, 1979. Sa ilalim ng batas na ito, nagkaroon ng Lupong Tagapayapa at Pangkat
Tagakapagkasundo. Noong 1983, nagkaroon po tayo ng kauna-unahang Local
Government Code, yung LGC of 1983, hindi po nabago ang Katarungang
Pambarangay Law at isinaad lamang doon sa LGC na ang batas na iiral ay PD
1508 pa rin. Noong 1991, nagpalabas po ang Korte Suprema ng Revised Rules of
Summary Procedure na nagre-require na dapat dumaan ang mga kaso sa Lupon sa
conciliation proceedings sa ilalim ng PD 1508 at kung hindi ito masusunod ay
maari pong madismiss o mabasura ang kaso. Noong October 10, 1991, naisabatas
po ang Akta Republika 7160 o Local Government Code of 1991, ang Biblia ng
mga lokal na pamahalaan, at ayon sa batas na ito, narepeal o nabago po ang PD
1508 at nagkaroon ng Revised Katarungang Pambarangay Law sa Chapter 7, Title
1, Book III ng RA 7160. At ito na nag ang umiiral na batas at sinusunod po natin
sa ating mga barangay.
Essence of Katarungang Pambarangay
-The Katarungang Pambarangay is an institution established for the amicable
settlement of disputes.

-Peaceful dispute resolution without formal adjudication (paghahatol o paghusga)

-Concessions and compromise (pagkakasundo/kasunduan) within the limits

imposed by law, morals, customs, public order and public policy.

Objectives of the Katarungang Pambarangay

Bilang Screening Process. Screening o proseso ng pagsasala para malaman kung

ano yung mga kaso na hindi na maayos (irreconcilable) at dapat resolbahin na ng
korte. Mahihiwalay ang mag kaso na maaring resolbahin sa barangay at yung mga
dapat inaakyat na sa korte.

Decongestion of court dockets. Dahil dito, nadedecongest po ang ating korte-

hindi lahat ng kaso ay kailangang isampa sa korte. Hindi na magiging congested po
ating korte.

Promote speedy administration of justice. Nagiging katuwang tayo ng ating

sistemang panghudikatura, dahil nga nadedecongest natin o nababawasan ang mga
kasong isinasampa, mas kaunti na ang kaso, mas napapabilis ang pagresolba sa
mga ito at mas magkakaroon po ng de kalidad na hustisia o katarungan. Mula Just
Tiis, magkakaroon po tayo ng Justice.

Foster Unity and Cooperation. Hindi po lamang iyan, naiiwasan ang hindi
magandang relasyon ng mga magkakapitbahay o magkakabarangay at lalong
naisusulong ang pagkakaisa at pagtutulungan.

Perpetuate tradition and culture. Sa Katarungang Pambarangay, kinikilala natin

ang time-honored tradition na pagresolba ng mga away magkakapamilya at
magkakabarangay.
 The Lupong Tagapamayapa
-The Lupon is not a court or judicial body; an administrative body vested with
conciliation and arbitrational functions.
-composed of the Punong Barangay as Chairperson and ten (20) to twenty (30)
members.
-Different from Sangguniang Barangay
-Function is primarily conciliatory, not adjudicative.
-Authority is co-extensive with the territorial limits of the barangay. Thus, it may
not exercise its authority outside the territorial confines of its own barangay.
(So settlement made/executed by 2 parties of different barangays, the PB of the
barangay where the party obliged is located should be authorized by the Lupon to
take possession of the property and to deliver the same to the party entitled thereto
cf. Rule VII, Secs. 6-7, KP Rules).

The Lupon Chairman

-Punong barangay as central figure in the barangay system of dispute resolution.
- Ex-officio chairman of the Lupon; designated by law to perform the duties of a
Lupon Chairman in addition to his regular functions under the Local Government
Code.
Q: Why the PB?
-Occupies a position of authority in the barangay; deemed to possess moral
influence or ascendancy over the barangay; thus the best person to mediate
between disputing members.
-All complaints must be filed to the PB; conciliated by him and in proper cases.
Arbitrated by him before referral to the Pangkat Tagapagkasundo.

Incidental Powers of the Lupon Chairperson

- Power to issue notice of hearing
- Power to issue summons/subpoena
- Power to administer oaths in connection with any matter relating to the
dispute
- Power to attest to certifications

*Substitution for PB as Lupon Chairman- No provision under the KP Law but the
general rules of succession shall apply- highest ranking member of the
Sangguniang Barangay (not applicable in vacancy in Pangkat)
The Lupon Members
-PB as Lupon Chairperson shall have the power to appoint the members of the
Lupong Tagapamayapa.
-He has the sole prerogative to appoint the members, without need of confirmation,
approval or ratification of the members of the Sangguniang Barangay. Within 15
days from start of the term, the PB shall issue a Notice to Constitute the Lupon and
prepare a list of names (10-20 members).
Q: What if the PB fails to constitute the Lupon?
A: He may me administratively held liable for neglect of duty.
Qualifications
-Actual residents/ working in the barangay
-Of legal age
-With the following qualities: Integrity, Impartiality, Independence, Fairness,
Reputation for Probity, Patience, Resourcefulness, Open-Mindedness And
Flexibility

Disqualifications

-Below 18 years of age

-Incompetent
-Convicted of a crime carrying with it penalties of perpetual or temporary
disqualification from holding public office
-Elected Government Official
-Member of Armed Forces who is in the active service

Q: Teacher? Lawyer? Judge? Pastor o Pari? Kagawad?

6 Steps to Constitute the Lupon

STEP 1: Determine the actual number of Lupon Members.

STEP 2: Preparing a notice to constitute the Lupon
STEP 3: Posting the notice to constitute the Lupon
STEP 4: Appointment of Lupon Members
STEP 5: Oath taking of Lupon members
STEP 6: Posting

The Brgy. Secretary shall prepare the notice to constitute with the proposed names
of members which shall be posted in three conspicuous places in the barangay.
Any member of the barangay may file protest/opposition or recommend another
person. Ten days after the last posting, the PB as Lupon Chairperson shall make
the appointment of the Lupon members. These appointed members shall take their
oath of office and their names shall be posted again in three conspicuous places in
the barangay.

-Term of 3 years, unless terminated.

-Causes of Termination: Death, Resignation, Transfer of Residence or Place of
Work, Withdrawal of appointment by the PB (note: Withdrawal must be concurred
by the majority of all the Lupon members).
-Benefits: No compensation (Honorarium depending on the availability of funds
and with the barangay appropriation ordinance)

Mediation by the Punong Barangay

As PB, you have the power to mediate cases of the residents in your barangay.

Q: Only one party is a resident?

A: The dispute will be settled at the residence of the respondent or one of the
respondents, at the option of the complainant.

Q: Minor?
A: Represented by a legal guardian or next of kin who is not a lawyer.

Q: Cooperatives?
A: Juridical persons like associations, corporations and cooperatives may directly
file the case in court.
Cases under the Katarungang Pambarangay
Subject Matter of Amicable Settlement:
All disputes, civil and criminal in nature, where parties actually reside in the
same city or municipality are subjected to proceedings of amicable settlement.
Parties are residents:
1) Same barangay of the city or municipality;
2) Different barangays of the same city or municipality; and
3) Adjoining barangays of different cities or municipalities.

Case: Actual residence not legal residence; physical presence, more than
temporary. Those renting an apartment but goes home to their residence on
weekends is actual residence within the law.

Cases under the jurisdiction of the Lupon

(Refer to pp. 22-24 of List of cases)
Effect of Failure to Comply with Conciliation/Mediation Proceedings:
Dismissal of the case for lack of cause of action/prematurity.
Exceptions:
(a) Where one party is the government, or any subdivision or instrumentality
thereof; (Pedro vs. DSWD)
(b) Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions; (Pedro vs. Municipal Health Officer)
(c) Offenses punishable by imprisonment exceeding one (1) year or a fine
exceeding Five thousand pesos (P5,000.00); (see list light criminal offenses)
(d) Offenses where there is no private offended party; (RA 9165)
(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; (San Fernando, Sibuyan)
(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.

So after determining the subject matter, whether it not an excepted case, then the
Lupon shall mediate the case.

Venue-place where the dispute is to be heard

So para mag apply po ng venue, dapat po may authority ang Lupon sa kaso.

Rules:
1. For disputes between persons actually residing in the same barangay- Lupon of
the barangay
2. Those involving actual residents of different barangays within the same city or
municipality- lupon of the barangay where the respondent or any of the
respondents actually resides, at the election of the complaint.
Note: The complainant’s right to choose the venue applies when there are two or
more respondents residing in different barangays and the choice is limited to the
places of residence of the respondents.
3. All disputes involving real property or any interest- in the barangay where the
real property or the larger portion is situated.
4. Disputes arising at the workplace of workers or at the learning institution of
students- 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.

Procedure of the Mediation by the Punong Barangay as Lupon Chairman

-File complaint, written or oral, with the PB.
-Pay the Filing fee.
-Within three days, issue a notice of hearing to complainant and summons to
respondent.

Effect of failure to appear without justifiable cause:

Complainant- dismiss the case and eventually cannot file the case in court.
Respondent- dismissal of the counterclaim
-You will not resolve the case but you will help them resolve the case within 15
days. Give each other the opportunity to explain their side, without interruption
form the other party. Ask questions to clarify issues and involve the parties to find
solution. Respect and listening are key.
-If amicable settlement is reached, then reduce the settlement in writing in the
language known to them; signed by them and attested by the Lupon Chairman.
-After 10 days, the amicable settlement is executory and has the same effect as a
decision of a court of law.

Conciliation by The Pangkat ng Tagapagkasundo

-Conciliation panel consisting of three members
-Members of the Pangkat shall be chosen by the parties from the list of Lupon
members (unanimous)
-If the parties fail to agree, it shall be determined by draw lots to be conducted by
the Lupon Chairman.
-The three members shall elect who shall act as Pangkat chairman and secretary.
-If there are vacancies in the Pangkat, the parties shall again choose from the list of
Lupon members.

Objections: by reason of relationship, bias, interest, or other similar grounds

discovered after constitution of the Pangkat- file motion to disqualify to be
resolved by the majority vote of the Pangkat whose decision shall be final.

When a case is referred to the Pangkat

1. When mediation before the Lupon Chairman fails or no agreement to arbitrate
(mediational efforts are unsuccessful)
2. If the respondent does not appear during mediation, refer the case to Pangkat
Tagapagkasundo.

Pangkat shall convene not later than 3 days after its constitution.
On that day and time specified, the Pangkat shall:
1. hear both parties and their witnesses (power to issue summons to them)
2. simplify issues and;
3. explore all possibilities for amicable settlement.

Pangkat shall arrive at a settlement or resolution of the dispute within 15 days from
the time it convened, extendible for another period not exceeding 15 days.

Punong Barangay cannot interfere in the conciliation proceedings.

Q: Can an amicable settlement be reached before the PB after the Pangkat was
constituted.
A: Yes. If the settlement has been agreed upon by the parties freely and
voluntarily, after a full understanding of all its terms and intelligent awareness of
its legal consequences, in keeping with the spirit of the KP Law.

Mediation before the Lupon Chairman and Conciliation before the Pangkat (2-step
procedure) are mandatory.

Refusal or willful failure to appear of any party or witness:

Effects:
1. Indirect contempt of court (MTCC; MCTC or MTCC)
2. Complainant’s failure to appear; Certificate to bar Action (not certificate to file
action; respondent (with respect to counterclaim)

Third mode: Arbitration

-Not compulsory
-At any stage of the mediation or conciliation proceedings, the parties may agree in
writing to arbitrate and shall agree to abide to the arbitral award of the lupon
chairman or pangkat.
-Arbitration Award has the force and effect of a final judgment of a court which
becomes executory after the lapse of ten days from date of such award.

Repudiation
-By sworn statement filed before the Lupon Chairman
-Grounds: Consent is vitiated by fraud, violence, or intimidation.
Settlement- within 10 days from date of the settlement
Arbitration award-within 5 days from date of settlement
Transmittal of Settlement or Award to Court
The settlement or award shall be transmitted by the lupon secretary to the city or
municipal court within 5 days from award or lapse of 10 days from the date of
settlement

Conciliation is a pre-condition to the filing of complaint in court.

Section 412. 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.

Other exceptions:
(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.

Proof of compliance with the barangay dispute settlement procedures – Certificate

to File Action issued by the Lupon or Pangkat Secretary and attested to by the
Lupon or Pangkat Chairman, as the case may be.

Refusal to issue Certificate to File Action:

1) Mandamus
2) Non-feasance (report to the DILG Secretary)
3) Report to the Mayor (Section 421)
Non-compliance is not jurisdictional but only procedural defect. It may be waived
by the parties.