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Sec.

399 lupon

10-20 members

3 years

1. Actually residing
2. Integrity
3. Impartiality
4. Independence of mind
5. State of fairness
6. Reputation for probity

400 Oath of office

3years unless resign, transfer of residences or place of work, withdrawal of appointment*

Withdrawal of appointment requires the concurrence of majority of members of the lupon

401 Vacancies

PB shall immediately appoint qualified person

Until the unexpired portion

402 function

Administrative supervision over the conciliation panel or pangkat

403 secretary of lupon

Brgy sec is concurrent sec of lupon

404 pangkat ng tagapagsundo

3 members to be chosen by the parties in the disputes from the lists of members of the lupon

Disagreement as to who will be the member will be resolve by the PB thru draw lots

Members of the pangkat shall elect among themselves a chairman and secretary

Secretary is responsible for the issuance of notices among the parties and the preparation of minutes
which will attest by the punong barabgay and also to issue certified true copy.

405 vacancies in the pangkat

Chosen among the members of the lupon otherwise draw lots by the chairman

406 character of office and service of lupon member


Lupon members are deemed person in authority as defined in RPC

Without compensation except those provided in sec. 393

407 legal advice

Provincial, city or municipal legal officer shall render legal advice whenever necessary in the exercise of
their function in the administration of the katarungang pambarangay

408 subject matter

ALL DISPUTES!!!

Except;

1. Government or any subdivision is one of the party


2. Public official and employees where the disputes relates to the performance of their official
duties
3. Offenses punishable by imprisonment exceeding 1 year or a fine exceeding 5k
4. Offenses where there are no private offended party
5. Disputes involving real properties located in different cities or municipalities unless agree to
submit to an appropriate lupon
6. Disputes of parties residing in diff. brgy of diff cities or municipalities. Unless agree to submit to
an appropriate lupon
7. Other disputes which the president may determine in the interest of justice upon
recommendation of sec. of justice.

409 venue

Residing in the same brgy = lupon of that brgy

Different brgy within the same city or municipality = lupon of the brgy of the respondent at the election
of the complainant

real property = brgy by which the property or larger portion is located

work place = location of the work place

410 procedure

Filling of complain upon lupon chairman upon payment of appropriate filling fee

Lupon chairman mediate between the parties failure to reconcile will constitute the pangkat to
deliberate the conciliation between parties.

suspension of prescriptive period while parties are under arbitration , conciliation and mediation but not
more than 60 days.

Pangkat may issue summons and to explore all possibilities to achieve amicable settlement

411 form of settlement


Must be in writing in the language or dialect known to them, attested by the chairman

412 conciliation

Confrontation between the parties before the lupon chairman or pangkat is a condition precedent for
filing a complaint in court

Except

1. Accused is under detention


2. Habeas-copus proceeding
3. Actions is coupled with provisional remedies
4. Action may be barred by statute of limitation
5. Conciliation among members of indigenous cultural community

413 arbitration

Parties may agree in writing at any stage of the proceeding subject to repudiation within 5 days from the
date thereof, award shall be made after the lapse of 5 days and within 10 days.

In writing and in language or dialect know to them

414 proceedings open to public

GR open to public

Exception,

Moto proprio chairman decided otherwise or upon the request of the parties

In the interest of privacy, decency or public morals

415 appearance in person

No atty is allowed, should be in person

Minors and incapacitated must be assisted only by their next of kin who is not a lawyer

416 effect of amicable settlement

Shall have to force and effect of a final judgment of a court

417 execution

Within 6 moths from the date of settlement

418 repudiation

10 days from the date of settlement

Filling a letter to the lupon on grounds of consent is vitiated with freaud, violence or intimidation

Such repudiation is ground for issuance of certificate for filing a complaint


419 transmital

The secretary within 5 days from the date of award or 10 days from the lapse of repudiation shall furnish
each of the parties and lupon chairman the settlement and arbitration award.

420 power to administyer

421 administratiom

Mayor shall see to the efficient and effective implementation and administration of the katarungang
pambarangay

422 appropriation

Katarungang pambarangay shall be provided in the annual budget

Purpose

To assist the parties in achieving amicable settlements of their disputes

Facilitators for the disputing parties discussion of possible solutions

Federalism

Governmental powers and responsibilities are organized and shared between the federal gov. and the
state

It organizes the territory or country into constituent units or regions

Allows these units to run their own governments

With some power that do not require the national government to be part of the decision making or
approval process

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