thereby considerably reducing the dockets in our courts of
justice.
Title Suggestions
1. Empowering Citizens with the Katarungang
Pambarangay Law
2. Behind the Scenes of the Barangay Justice System
3. Let’s Settle This Outside of Court: Facilitating Your
Disputes Using the Katarungang Pambarangay Law
4. Papabarangay Kita: Mga dapat malaman sa ilalim ng
Katarungang Pambarangay Law
The Barangay Justice System
The history:
Republic Act 7160 or the Local Government Code of 1991
expanded the scope and powers of the Katarungang
Pambarangay or the Barangay Justice System.
Prior to this law, however, the establishment of the Barangay
Justice System had been covered by Presidential Decree
1508 in 1978 and Batas Pambansa Blg. 337 or the 1983 Local
Government Code.
What is Katarungang Pambarangay or the Barangay
Justice System?
Katarungang Pambarangay is a system of dispute resolution
instituted in all barangays in the Philippines that seeks to
promote, among others, the speedy administration of
justice, by providing all avenues to an amicable settlement,
GWALKER
The barangays, being the basic political unit in the country, is
in the most strategic position to facilitate resolution or
mediation of community and family disputes, alongside its
mandate to deliver basic services.
The main strategy: to provide a venue for the disputing
parties to search for a solution that is mutually acceptable.
Hence, the primary role of the system is not to decide disputes
and impose a solution on the parties but to assist the parties
in discussing the possible amicable settlement of their
disputes.
Simply put:
The Barangay Justice System provides a friendly, inexpensive,
and speedy forum for the settlement of disputes where the
parties can freely explore options for amicably resolving their
disputes without resorting to the courts.
With this set-up, the disputing parties are expected to be
more comfortable in discussing their problems and in
exploring solutions to the disputes.
The Supreme Court issued Administrative Circular No. 14-93
on July 15, 1993 directing the courts to ensure compliance
with the requirement of prior recourse to the Barangay Justice
as a condition for filing a complaint in court for cases that
are covered by the system.
You can go to the barangay and file a complaint. However, you
are not allowed to have a lawyer with you during the
proceedings before the lupon of the barangay.
Explanation:
Ipinaguutos ng batas ang personal na paghaharap ng mga
partido sa lahat ng proseso sa ilalim ng katarungang
pambarangay.
Mahigpit na ipinagbabawal ang pagharap sa pamamagitan ng
kinatawan o abogado, maliban na lamang kung ang mga
partido o isa sa kanila ay:
- menor de edad;o
- itinuturing ng batas na incompetent.
What is an incompetent person?
A person who is:
1. Suffering the penalty of civil interdiction; or
2. A hospitalized leper, prodigal, deaf and dumb who is
unable to communicate;
3. Of unsound mind, even though he has a lucid intervals
and a person not being unsound mind but by reason of
age, disease, weak mind, and other similar causes,
cannot, without outside aid, take care of himself and
mange his property, becoming thereby an easy prey for
deceit and exploitation.
GWALKER
Kung ang partido ay isang menor de edad o incompetent,
pwede siyang tulungan o samahan ng kanyang next of kin o
kamaganak na hindi abogado.
(The minor or the incompetent person must be represented by
a legal guardian or next of kin who is not a lawyer)
What is “next of kin”?
An individual who is a relative or a responsible friend with
whom the minor or incompetent lives
Ano ang dahilan ng pagbawal sa kinatawan o abogado na
humarap sa proseso ng Katarungang Pambarangay?
Ipinagbabawal ang pagharap ng kinatawan o abogado dahil
ang pinaka layunin ng proseso sa Katarungang Pambarangay
ay ang mapayapang paguusap ng mga partido sa
hidwaan.
Ang layuning ito ay maaring mabaliwala dahilan sa ang
tungkulin ng abogado ay ang protektahan ang interes ng
kanyang kliyente.
Lupong Tagapamayapa at
Pangkat ng Tagapagkasundo
The Punong Barangay and the community conciliators (Lupon
members) do not act as judges or adjudicators of disputes
but as facilitators for the disputing parties’ discussion of
possible solutions.

For this reason, the personal appearance and participation of

the disputing parties is necessary, while the non-appearance
of the parties will have corresponding sanctions.

Mediation: Lupon Tagapamayapa

Consists of 10 to 20 members in the Barangay and chaired by
the Barangay Chairman (Village Chief).

GWALKER
The lupon shall be constituted every three (3) years in the After paying the filing fee, the barangay should issue a notice
manner provided by RA 7160. of hearing to the complainant and summon hearing to the
complainant and summon the respondent both of whom
should appear in the office within three (3) days.
Qualifications Disqualifications

Actual residents/ working in Below 18 years of age Then, the mediators will listen to both parties carefully and
the barangay help them find a solution within 15 days.
Incompetent
Of legal age If the complainant cannot appear before the barangay office
Convicted of a crime carrying
without justifiable cause, his/her complaint will be dismissed
With the following qualities: with it penalties of perpetual
● Integrity or temporary disqualification and eventually cannot file a case in court.
● Impartiality from holding public office
● Independence If the respondent cannot appear without justifiable cause,
● Fairness Elected government official his/her counterclaim will be dismissed and he will be barred
● Reputation for probity from filing in court and be punished for indirect contempt of
● Patience Member of armed forces
court.
● Resourcefulness who is in the active service
● Open-mindedness
● Flexibility If found guilty, the person cited may be fined not exceeding
Five Thousand Pesos (P 5,000.00) or imprisonment not
exceeding one (1) month, or both.
Lupons are not “Judges”; they are mediators.

Who is the mediator?

A punong barangay acting as a lupon tagapamayapa who will

facilitate communication and negotiation, and assist the parties
in reaching a voluntary agreement regarding a dispute.

Watch this:
https://www.youtube.com/watch?v=B8uBzRCrdZ0

GWALKER
 Within 10 days after the settlement, the parties can protest the
settlement, known as repudiation (etc: there is fraud, threat or
intimidation)
If both parties agree to settle their dispute amicably or have
reached a mutual agreement, they will fill out an amicable
After 10 days, the settlement is final and executory and has
settlement form:
the force and effect of the Court.

If there is no agreement or respondent fails to attend the

mediation, the case will be elevated to the Pangkat
Tagapagkasundo for conciliation.

GWALKER
Conciliation: Pangkat ng 1. Relationship
2. Bias
Tagapagkasundo 3. Interest
Pangkat Tagapagkasundo (Pangkat) is a conciliation panel 4. Other similar grounds
constituted from the Lupon membership for every dispute
brought before the Lupon consisting of three (3) members Thus, if a pangkat is already constituted and it appears that
after the Punong Barangay has failed in his mediation efforts. one of the members is biased, you may move to disqualify him
on the said basis.
The parties shall elect the members of the Pangkat from the
pool of Lupons. However, an affirmative vote of the majority of the pangkat is
needed to resolve the said motion to disqualify, which decision
shall be final (Section 410 [d], Local Government Code)

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.

What is conciliation?

A process whereby a conciliator calls together the parties

involved in a dispute, encouraging them to discuss their
differences and assisting them in developing their own
proposed solutions to their disputes.

If the parties fail to agree on the pangkat membership, the Mediation and conciliation processes are the same except
same shall be determined by lots drawn by the lupon mediation is done by the Punong Barangay while the latter is
chairman. done by the Pangkat headed by a chairperson.

Disqualifications for Pangkat They themselves shall elect a chairperson and a secretary.

GWALKER
The Pangkat shall meet to hear both parties, explore
possibilities for amicable resolution within 15 days which can
be extended for another 15 days in a meritorious case.
For respondent:
The Pangkat can issue a Subpoena of Witnesses whenever
necessary.
3. Apply with the local trial court for punishment of the
recalcitrant party for the indirect contempt of court
1. Dismiss the respondent’s counterclaim.
2. Direct the issuance of and attest to the certification to
bar the filing of action in court or any government
offices
3. To file complainant’s sanction in court or any
government offices and fill out KP Form 20

If the Pangkat Chairperson finds after hearing that the failure

to appear of the complainant/respondent is without justifiable
reason, he/she shall:

For complainant:
1. Dismiss the complaint;
2. Direct the issuance of and attest to the certification to
bar the filing of action in court or any government If the conciliation is successful:
offices

GWALKER
 1. The amicable settlement shall be put in writing (in a
language or dialect known to them); and
2. Attested to by the Lupon chairman or the Pangkat
Chairman.

The amicable settlement has the force and effect of a final

judgment of a court after 10 days from the date of amicable
settlement was made, unless a protest or repudiation was
made (which can be made within 10 days).

Failure to repudiate the settlement within 10 days shall be

deemed a waiver of the right to challenge the decision.

If conciliation is unsuccessful:

A certification to file action shall be filled out, attesting that no

conciliation or settlement has been reached as certified by the
Pangkat Secretary and signed by the Pangkat Chairman.

The form shall be submitted to the corresponding court or In short,

government office for filing of an appropriate case.

GWALKER
Arbitration: Other Means of Dispute
Settlement
Arbitration can take place at any stage of the proceedings as
long as both parties agree in writing to abide by the arbitration
award of the lupon or the pangkat.
The lupon chairperson (punong barangay) or the pangkat
chairperson can act as an arbitrator.
What is arbitration?
Unlike mediation and conciliation, the arbitrator is given the
power to render decisions in arbitration. The parties shall
present evidence as to the facts and merits of the case to the
arbitrator.
On the basis of the facts, the arbitrator makes a decision on
what he/she believes to be fair or just.
Jurisdiction of the Lupon and
Venue
Sec. 408 Jurisdiction
General rule:
If the parties are residents of the same barangay or the same
city, they need to undergo barangay conciliation.
GWALKER
All disputes are subject to Barangay conciliation pursuant to
the Revised Katarungang Pambarangay Law.
- A precondition before filing a complaint in court or any
government offices
===============================================
RA 7160 or the Local Government Code of 1991, provides that
barangay conciliation proceeding is a pre-condition to filing a
complaint in court between person actually residing in the
same barangay to explore possible amicable settlements
A party’s failure to comply with the requirement of prior
barangay conciliation before filing a case in court would render
the complaint dismissible on the ground of failure to comply
with a condition precedent.
The complaint becomes vulnerable to a motion to dismiss.
(Antonio Ngo v. Visitacion Gabello, G.R No. 207707, August
24, 2020).
==============================================
The lupon of each Barangay has jurisdiction to amicably settle
all disputes between parties residing in the same city or
municipality, EXCEPT:
a. where one party is the government or any subdivision
or instrumentality thereof;
b. where one party is a public officer or employee, and the
dispute relates to the performance of his official
functions;
 c. offenses punishable by imprisonment exceeding one
(1) year or a fine exceeding Five Thousand
(PhP5,000.00) Pesos;
d. offenses where there is no private offended party;
Etc:
Tax evasion, littering, gambling, jaywalking, public
scandal, vagrancy and prostitution
Translation:
Mga indibidwal na tao lamang at hindi ang tinatawag na
juridical persons gaya ng korporasyon, partnership, estate,
etc. ang maaring maging partido sa sistema ng Katarungang
Pambarangay.
Ito ay naayon sa ipinaguutos ng batas na personal na
paghaharap at paguusap ng mga partido upang
mapagpasiyahan ang hidwaan sa pagitan nila. Hindi
ipinapahintulot ng batas na kinatawan lamang ang haharap sa
barangay.
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 the appropriate lupon;
f. 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)
GWALKER
g. disputes involving parties who actually reside in
different barangays of different cities and municipalities
except where such barangay units adjoin each other
and the parties thereto agree to submit their differences
to amicable settlement by the appropriate lupon; and
Etc:
Parties are from Barangay Upper QM - sakop sila sa
KP
Party A from Barangay Upper QM; Party B from Mines
View; both barangays are in Baguio City - sakop sila sa
KP
Party A from Barangay Upper QM; Party B from
Barangay Bangkal, Makati - hindi sakop sa KP
h. Disputes where urgent legal action is necessary to
prevent injustice from being committed or further
continued, specifically the following:
1. Criminal cases where accused is under police
custody or detention (see Sec. 412 (b) (1),
Revised Katarungang Pambarangay Law);
2. 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;
3. Actions coupled with provisional remedies such
as preliminary injunction, attachment, delivery
of personal property and support during the
pendency of the action; and
 4. Actions which may be barred by the Statute of
Limitations.
Statute of Limitations is the law which bars or does not allow
the institution or filing of an action or case against another
after the expiration of the period prescribe d for such action or
offense
i. such other classes of disputes which the President
may determine in the interest of justice or upon
recommendation by the Secretary of Justice.
j. Where the dispute arises from the Comprehensive
Agrarian Reform Law (CARL)
k. Labor disputes or controversies arising from
employer-employee relations
l. Actions to annul judgment upon a compromise which
may be filed directly in court (See Sanchez vs. Tupaz,
158 SCRA 459).
m. Pursuant to article 2035 of the New Civil Code
No compromise (and by implication, waivers) upon the
following shall be valid: the civil status of persons, the validity
of a marriage or a legal separation, any ground for legal
separation, future support, the jurisdiction of courts, and future
legitime.
GWALKER
Sec. 409 Venue
Venue is the place where the case is to be heard and decided.
This is not fixed by law except in criminal cases, and can be
agreed upon by the parties.
(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 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.
Objections 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 objections to venue herein referred to may be
submitted to the Secretary of Justice or his duly designated
representative, whose ruling thereon shall be binding.
(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.
GWALKER