Professional Documents
Culture Documents
Katarungang Pambarangay
Katarungang Pambarangay
Katarungang Pambarangay
• Barangay justice system under the LGC
• An ADR at the community level to allow amicable settlement of disputes among family and
barangay members without resorting to the courts
• Provides for a speedy and inexpensive way of settling disputes
• Helps relieve the courts of docket congestion and enhances the quality of justice dispensed by
courts
Object of the katarungang pambarangay law
• Amicable settlement of disputes through conciliation proceedings voluntarily and freely entere
into by the parties.
• Parties are not compelled to settle their controversy during the barangay proceedings befre the
lupon or the pangkat as they are free to instead find recourse in the courts in the event that no
true compromise is reached
Lupong tagapamayapa
– Punong barangay as chairman
Composition
– 10 to 20 members
STEPS:
6: Posting
Disqualifications:
– Must include names of proposed members who have expressed their willingness to
serveà
– Prepared by punong barangay within the first 15 days from the start of his term of
Notice to
office
constitute
– Notice shall be posted in 3 cospicuous places in the barangay continuously for a
period of not less than 3 weeks
Posting after – The appointment shall be posted in 3 conspicuous places during the entire duration of
appointment the term.
Indigenous
– If majority are IG, local systems of settling disputes through their councils of datus or
cultural
elders shall be recognized
communities
Oath – Must take an oath of office before the punong barangay
Term – Until new lupon is constituted on the third year following his appointment
1. Resigned
– PB shall immediately appoint a qualified person who shall hold office only for the
Vacancy
unexpired portion of the term
Functions 1. Exercise administrative supervision over conciliation panel [ administrative
supervision]
2. 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 [ regular
meeting]
3. Exercise such other powers and perform such other duties and fucnctions as may be
prescribed by law or ordinance
4. Withdrawal of appointment
6.
Secretary of
– Barangay secretary
the lupon
1. Keep and maintain a record book of all complaints field and numbered
consecutiviely
2. Note the results of mediation proceeding before the pb and submit report to local
trial curt
3. Record the willful failure or refusal of a witness to comply with a sub poena
6. Transmit the settlement agreed upon by the parties to the proper court
Function of
sec of lupon
7. Transmit arbitration award to the proper trial court within 5 days from the date
thereof
8. Issue cert required for filing an action. Such cert shall show that a confrontation of
the parties has taken place and that conciliation or settlement has been reached
9. Issue cert for barring the complainant from filing a case or the respondent form
filing a counterclaim in court
10. Furning copies of the settlement or arbitration award to all the parties and to the PB
11. Issue certified true copies of any public record in his custody
• The lupon is not a court but an administrative body with conciliation and arbitrational functions
and is under the executive branch
• Where no certification that lupon has been organized, there is no need to refer case to the
katarungang pambarangay
• Lupon’s primary function is to conciliate and not to adjudicate
Pangkat tagapagsundo
– 3 members who shall be chosen by the parties to the dispute from the list of members
of the lupon
Composition
– If there is a failure to agree on the composition- lots draw by the lupon chairman
Certificates – Certified true copies of any public record in hs custody that is not declared
confidential
Nature of – Constituted to assist the lupon in bringing about the amicable settlement of disputes
pangkat brought before the lupon
– To be chosen by the party
Vacacncies
– Failure to agree- lot to be drawn by lupon chair
Character of – Lupon memebrs are deemd as persons in authority while in the performance of their
office official duties
• With compensation. Incentives for members who adequately demonstrate the ability to
judiciously and expeditiously resolve cases referred to them
• The members, whether in public or private employment, shall be deemed to be on official time
and shall not sufer from any diminution in compensation or allowance from employment
Conditions for lupon members as persons in authority
1. In their jursidction
2. While in the performance of their official duties
• There can be direct assaults and indirect, and resistance and disobedience to persons in authority
for PB and members
• The prosecutor or municipal legal officer shall render legal advice on matters involving
questions of law to the punong barangay or any lupon or pangkat member
• PB/ members may seek a review by SOJ of any legal advice rendered by the prosi.
• PB has authority over all disputes over parties actually residing in the same city or municipality
• XPN
• Where one party is the government or any subdivision or instrumentality
• One party is a public officer or employee, and the dispute relates to the
performace of his official function
• Offenses pubnishable by imprisonment exceeding 1k or fine 5k
• Offenses where there is no private offended party
• Dispute involves real properties located in different cities, unless the parties
agree to submit their differences to amicable settlement
• Disputes involving parties who actually resie in barangays of different cities or
municipalities,except IF SUCH BARANGAY UNITS ADJOIN EACH OTHER
AND THE PARTIES THERETO AGREE TO SUBMIT THEIR DIFFERENCES
TO AMICABLE SETTLEMENT
• Other classes of dispues
• Purpose of BC is to provide a conciliation mechanism as an alternative to litigations in
dispute settlements to members of the corresponding barangays who are actually
residing therein
• A case involving civil status of a person is not among the cases where prior resort to
brgy is necessary.
• Parties who actually reside in the same city or municipalit should bring their controversy
first to the barangay court for possible amicable settlement before filing complaint in
court
• Where the government or its instrumentality is only one of the contending parties, a
confrontation should still be undertaken among the parties.
• Although venue is generally determined by the residence of the parties, disputes
involving real property shall be brought in the barangay where the real property or any
part thereof is situated, notwithstanding tha the parties reside elsewhere within the same
city or municipality
• Any complaint by or against corporations, partnerships or juridical entites are not
included since only individuals shall be parties to barangay conciliation proceedings
either as complainants and respondents.
• Residence alone, without membership in said barangays would not be an accurate and
reliable criterion considering that such residence may be actual but merely temporary.
• Residence in a barangay within the same municipality if only transient or temporary is
not enough to vest jurisdiction upon the brgy lupin
• Requirement in residence and membership
Criminal offenses covered by KPB
1. Alarms and scandal
2. Falsification
3. Using false cert
4. Using ficitious name
5. Illegal use of uniforms or insignia
6. False testimony against a defendant
7. False testimony favorable to the defendant
8. Grave scandal
9. Physical injurie inflicted in a tumultuous affray
10.Giving assistance to suicide
11.Pharmacist without prescription dispense any abortive
12.Responsibility of participants in a duel
13.Less serious and slight physical inuries
14.Unlawful arrest
15.Abandonment of person in danger and of one’s own victim
16.Abandoning a minor under 7
17.Abandonment of minor by person entrusted with his custody
18.Qualified trespass to dwelling grave threats
19.Lights threats
20.Grave and light coercion
21.Other similar coercion
22.Formation, maintenance and prohibition of combination of capital or labor through violence and
threats
23.Discovering secrets through seizure of correspondence
24.Revealing secrets with abuse of office
25.Theft of property less than 50
26.Occupation of real property
27.Altering boundaries and landmakrs
28.Estafa involving amount not less than 200
29.Other forms of swindling and deceit
30.Removal, sale or pledge of mortgaged property
31.Malicious mischief
32.Simple seduction
33.Acts of lasciviousness
34.Slander
35.Slander by deed not serious
36.Incriminiatory machinations
37.Simple imprudence or negligence
Not included:
Disputes where urgent legal action is necessary to prevent injustice from being committed or further
continued:
1. CRIMINAL CASES WHERE ACCUSED IS UNDER POLICE CUSTODY OR DETENTION
2. Petitions for habeas corpus by a person illegally deprived of his rightful custody over another or
a person illegally derpived of his liberty or one acting in his behalf
3. Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery
of personal property and support during the pendency of the action
4. Actions which may be barred by the statute of limitations
• Actions with provisional remedies may be filed directly to court even without passing the lupon
• Barangay conciliation not applicable to labor cases. Requiring conciliation of labor disutes
before the barangay courts would defeat the ver salutary purpose of the law.
• Confrontation before barangay council not the required first notice in terminating the employee
• In all kpb, the parties must appear in person without the assistance of counsels or his
representatives except for minors and incompetents who may be assisted by their next of kin
who are not lawyers
• Actions to annul judgment upon a compromise may be filed directly in court
• Disputes involving parties who are actual residents of barangay of different cities or
municipalities are not wihin the jurisdiction of the barangay court
• The CJ directed all courts not to receive complaints in cases falling under the lupon
• Case can be immediately filed in court where other co defendants reside in barangays of
different municipalities, cities and provinces
• The court has discretion to refer the case to the lupon although it may not fall within the
authority of the lupon. Hwoever, referring the subject civil cases to lupon is saliently an
unsound exercise of discretion considering that the matter falls within the rule f summary
procedure. Summary procedure was promulgated for the purpose of achieving an expeditious
and iexpensive determination of cases. The fact that unlawful detainer cases fall under summary
procedure, speedy resolution thereof is deemed a matter of public policy.
Venue:
1. Disputes between persons actually residing in the same barangay
2. 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 respondens actually resides
at the election of the complainant
3. All dispues involving real propert or any interest therein shall be brought in the barangay where
the real property or the larger portion thereof is situated
4. Those arising in workplace where the contending parties are employed or at instiution where
such parties are enrolle for study, shall be brough in the barangay where such workplace or
institution is located
• Objections to venue shall be raised in the mediation proceedings before the PB, otherwise it
shall be deemed waived
• Legal qusions ma be brought by the PB by submitting to the SO or his rep whose ruling shall be
binding.
• The venue of criminal actions place where respondent resides not the place of the commission
of the crime.
• Lupon may not exercise authority outside its own barangay
• The proceedings in the barangay system are informal and are o be conducted without regard to
the technical rules of procedure under the ROC.
• Conciliation is not jurisdictional. Lupon cannot decide a case. It is only vested with conciliation
functions.
• For purposes of venue residence is actual or physical habitation or place of abode, which may
not necessarily be his legal residence or domicle provided he resides within continuity and
consistency.
• Referral for bgy conciliation applies only where real parties in interst actually reside in the same
city or municipality.
• The requirement of actual residence pertains to real party in interest and not to attorney in fact.
• If the real party in interest Is not an actual resident of the bgy where the defendant herein
respondent resides the local lupon has no jurisdiction over their dispute, hence, prior referral to
it for conciliation is not a precondition to its filing in court
Real party in interest
• A party who stands to be benefited or injured by the judgment or ht eparty entitled to the avails
of suit
• The lupon shall have no jurisdiction over disputes where the paries are not actual residents of
the same city or municipality except where the baranaay in which they actually adjoin each
other.
Procedure for amicable settlement
Who may initiate – Payment of fees,
– Any individual who has cause of action against another individual involving any matter
within the authority
– Summon of respondent wih notice to the complaiant for them and their witnesses to
appear before him
Mediation by lupon
chairman
– If chair fails to mediate within 15 dys from first meeting
Suspension of – Shall resume upon receipt by the complainant of the certificate of repudiation or
prescriptive period certificate to file action
of offenses
– Interruption shall not exceed 60 days from filing of complaint
Procedure:
Cause of actionà payment of filing fees àsummon to respondent and witnesses à mediation by lupon
chairman for 15 days à failure à constitution of pangkat àpangkat will convene 3 days from constitution
à hear both parties and their witnesses àdecision 15 days from constitution à settlement or resolution
• All amicable settlement shall be in writing in a language or dialect known to the parties, signed
by them and attested by the lupon or pangkat chair
• At any stage of the proceedings, the parties may agree in writing to abide by the arbitration
award. May be repudiated within 5 days from date thereof where consent is viaited by fraud,
violence or intimidaton
• Award shall be made after the lapse of 5 days from date thereof
• Proceedings open to public except in the interst of privacy, decency or public morals
• Amicable settlement or arbitration award may be enforced by execution by the lupon 6 months
from date of settlement. Thereafter, by action in the appropriate city
• Any party may repudiate the settlement within 10 days from date thereof where consent is
viaited.
• Meeting at the office of brgy chair for possible settlement is substantial compliance with
precondition for filing cases in court.
• Where one party fails to appear for no justifiable reason convening pangkat serves no useful
purpose. à issue cert allowing complaint to bring controversy in court.
Re: prescription
Afflicitive penalties- 15 years
Correctional penalty- 10 years XPN: arresto mayor- 5 years
Libel- 1 year
Oral defamation- 6 months
Light offenses- 2 monts
Compound- highest penalty as basis
Special acts-
1 year- fine and imprisonment not more htan 1 month or both
4 years- more than 1 month but less than 2 years
8- 2 years or more but less than 6 years
12 years- 6 years or more except treason which shall prescribe after 20 years.
Internal revenue cases- 5 years
Actions t recover movables- 8 years from the time possession is lost,
Real actions- 30 years
Mortgage- 10 years
• Any party to the dispute may within 10 days from date of settlement repudiate by filing with the
lupon chair a settlement to that effect sworn to before him, where the consent is viated by fraud,
violence or intimidation. Such repudiation shall be sufficient basis for the issuance of the cert
for filing complaint.
• Sec shall transmit the settlement or arbi award to court within 5 days from the date of the award
or from the lapse of 10 day period repudiating the settlement
• Copies shall be furnished to the parties
• Who can administer oaths
• PB as chair of lupon
• Members of the pangkat
• Only to matters relating to all proceedings in the implementation of PB.
• The object of the KPB is to effect an amicable settlement of disputes among family and
barangay members at the barangay level without judicial recourse and consequently help
relieve the courts of docket congestion.
KP vs Pre trial
Katarungang pambarangay Pre trial
Lawyers are not allowed Lawyers are allowed
• Objectons 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 objectiosn to venue herein referred to may be submitted to the SOJ or his
duly designated rep, whose ruling shall be binding.
• The amicable settlement or arbitration award may be enforced by execution by lupon within 6
months from date of settlement. After the lapse of such time, the settlement may be enforced by
action in the appropriate city or municipal court. If the award does not exceed 200k, it may be
enforced under small claims.