CHAPTER 4 - BARANGAY JUSTICE SYSTEM
Functions of the Lupon
Barangay Justice System
Also known as the Katarungang Pambarangay, the Barangay Justice System is a
three-person mediation process run by the barangay and overseen by the barangay
captain. The mediators are drawn from volunteers in the barangay.
At its core, the idea of this system is to use traditional Filipino values when solving
disputes, e.g. utang na loob, palabra de honor, hiya, etc. This is patterned after earlier
dispute resolution systems.
The goals of the system are three-fold:
1. Attain just, quick, and inexpensive dispute resolution at the barangay level
2. Preserve Filipino cultures and traditions in the amicable settlement of disputes
3. Ease the backlog in the courts
The Lupong Tagapamayapa, whose members include the barangay captain, as
chairman, and 10 to 20 qualified residents of the same barangay, is the committee
assigned to resolving local conflicts and other issues. While they may have the
authority to hear and address grievances, they do not constitute a court as they do
not possess judicial powers.
This program, similar to the ADR processes, was created to help decongest the
courts and mostly functions as the main dispute resolution method at the village
level.
This Lupon system is detailed under Chapter VII: Katarungang Pambarangay of
RA 7160, otherwise known as the Local Government Code of 1991 approved on
October 10, 1991.
1. Exercise administrative supervision over relevant conciliation panels;
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; and,
3. Exercise other powers, duties, and functions as prescribed by law.
Pangkat ng Tagapagkasundo
When a dispute is brought into the lupon, the disputing parties will create
a pangkat from the members of the lupon who will help settle their dispute.
The pangkat should be made of three members chosen by the disputing parties.
If the parties cannot agree regarding pangkat membership, then the members will
be drawn by lots by the chairman of the lupon.
The three members will then elect from among themselves a chairman and a
secretary. The latter is required to prepare the minutes of the proceedings as well as
submit a copy duly attested by the chairman to the lupon secretary and to the
proper city or municipal court. Notices should also be sent to the relevant parties.
Should any member of the pangkat become unavailable or unable to continue, the
parties will select a replacement from the remaining lupon members. If the parties
fail to agree, one will be drawn by lot by the lupon chairman.
Subject Matter, and Exceptions
The lupon of each barangay has the authority to gather all parties residing in the
same city or municipality for the purpose of amicable settlement of all disputes
except:
1. If one party is the government or part of it.
2. If one party is a public official and the dispute concerns the performance of
their official functions.
3. Offenses punishable by imprisonment of more than one year or a fine
exceeding ₱5,000.00.
4. When there is no private offended party.
5. When the dispute involves real property located in different cities or
municipalities unless the parties agree to an amicable settlement.
6. When the parties involved live in different barangays belonging to different
cities or municipalities unless the barangays are adjoined and the parties agree
to an amicable settlement.
7. Other classes of dispute as deemed inappropriate for amicable resolution by
the President or by recommendation of the Secretary of Justice.
Conduct
Venue
If the disputing parties live in the same barangay, then their dispute must be
brought for amicable settlement to the lupon of the same barangay.
If the disputing parties live in different barangays but in the same city or
municipality, then their dispute must be brought to the lupon of the barangay where
the respondent resides.
If the dispute involves real property, then it must be settled at the barangay of the
same property or where a large portion of it is located.
If the dispute arose at a workplace or school, then the dispute must be brought to
the lupon of the barangay where the workplace or school is located.
Procedure
Anyone who wishes to start an action against another person may state their
complaint to the lupon chairman either orally or in writing after paying the
appropriate filing fee.
Once the complaint is received, the lupon chairman should summon the respondent
within the next working day. A notice will also be sent to the complainant asking
them and their witnesses to appear for mediation.
If the chairman fails to settle the dispute within 15 days from the first meeting of the
parties with them, a pangkat will be created for the case.
The pangkat will then have to meet within three days from the date of its creation.
They will hear both parties and their witnesses, simplify the issues, and discover
possible solutions. For the purposes of this meeting, the pangkat has the authority to
issue summons to the involved parties.
A party may move to disqualify a member of the pangkat for the following reasons:
 relationship
 bias
 interest
 other similar grounds
This motion will then be decided by majority decision of the pangkat.
Should one be disqualified, they will be replaced accordingly.
The pangkat has 15 days from the first convention to resolve the dispute at hand.
This deadline may be extended by the pangkat, but not for more than 15 days,
unless the case is highly meritorious of further extension.
Form of Settlement
The settlement should be:
 in writing
 in a language or dialect known to the parties
 signed by both parties
 attested to by the lupon chairman or the pangkat chairman
Involvement of Higher Entities
No case involving matters covered by the Barangay Justice System is permitted to
reach the court or other similar government agencies without certification by
the lupon secretary or the pangkat secretary, attested by the lupon chairman or
the pangkat chairman, that no settlement was arrived upon locally or that the
settlement was thrown out by both parties.
However, the disputing parties may go directly to court given the following
circumstances:
1. The accused is in detention
2. A person has been deprived of liberty and there is a call for habeas
corpus proceedings
3. The actions are coupled with provisional remedies, e.g. preliminary injunction,
attachment, delivery of personal property, support pendente lite
Members of indigenous cultural communities shall apply their customs and
traditions regarding dispute resolution of their community members.
Arbitration
If the parties agree in writing, they may decide to proceed to arbitration and abide
by the award of the lupon chairman or the pangkat. Such agreement may, however,
be revoked within five (5) days of the institution of the agreement. The award must
then be finalized within 10 days after the revocation period.
The award must be in writing and in a language or dialect known to both parties.
Notes on the Proceedings
KP proceedings are open to the public unless the pangkat decides or a party decides
otherwise on the basis of privacy, decency, or public morals.
The parties are required to appear in person without counsel nor representative,
except for minors and incompetents who may be assisted by their next-of-kin who
are not lawyers.
The amicable settlement or award resulting from the proceedings will have the force
and effect of a court judgment after ten (10) days from the date of closing, unless
such has been repudiated or a petition to nullify was filed in the proper city or
municipal court.
A repudiation can be made within ten (10) days from the date of settlement by a
filing a sworn statement with the lupon chairman that said settlement is
unacceptable as it is corrupted by fraud, violence, or intimidation.
The settlement or award may be enforced by the lupon within six months from the
date of settlement. Afterwards, it may be enforced by the appropriate city or
municipal court.
The secretary of the lupon must submit the outcome of the proceedings to the city
or municipal court within five days of the settlement or the lapse of the repudiation
period. Copies must also be provided to the parties as well as the lupon chairman.
 CHAPTER 5 - RETRIBUTIVE JUSTICE VS. RESTORATIVE JUSTICE

Retributive Justice vs Restorative Justice

Before we discuss different justice systems, let us first attempt to understand what
justice is.

Justice is what the society has decided to be what right is. It is generally based on
the society’s ideas around ethics, rationality, law, equity, and sometimes even
religion. While it may not apply in all cases, the word is generally interchanged
with fairness as used in common parlance.

Retributive justice and restorative justice are two of the theories of justice that
humanity, as a whole, has considered to universally define justice.

If you saw the video above, Retributive justice is defined on the basis of suffering.
That is, anyone who does any wrong must be punished as much as they made others
suffer. In other words, we punish people because that is what they deserve for their
wrongdoing.

Restorative justice on the other hand is defined on the basis of rehabilitation. That
is, criminals are deemed to be people who need help. So, instead of punishing them,
they must be treated so that, as the name implies, they can be restored to society to
become productive members thereof.