P.D. No.

1508

Incorporated in RA 7160
(Local Government Code)
 SPIRIT:
1. Time-honored tradition of settling
problems at the barangay level
without going to the courts
2. Conserve the time and resources of
the courts from indiscriminate filing of
cases

3. Prevent congestion of the courts

Result: Effective administration of

justice.
  Section 399.

Creation of Lupong Tagapayapa  called

“ LUPON”

 Barangay Captain - chairman

 Not less than 10 nor more than
twenty 20 members .
 QUALIFICATION OF MEMBERS:

 Any residents of the

barangay, not disqualified by
law.
 Section 404.

PANGKAT NG TAGAPAGKASUNDO. -

Every problem brought before the

Lupon shall be endorsed to a panel
called pangkat ng tagapagkasundo
called PANGKAT consists of:

* 3 members coming from members

of the Lupon chosen by the parties to
the dispute..
 (b) The pangkat elects from among
themselves the chairman and the
secretary.
 The “pangkat secretary” prepare the
minutes of the proceedings and submits
a copy thereof pangkat chairman, to the
lupon secretary and to the city or
municipal court.
Issues and serves notices to the
contending parties.
Issues certified true copies of
any public record in his custody.
Section 406. Character of Office
and Service of Lupon Members. -

(a) While in the performance

of their official duties or on the
occasion thereof- deemed as
persons in authority [Revised
Penal Code]
 (b) The lupon or pangkat
members - without
compensation

- Deemed to be on official time

when acting as member of
lupon. No salary deduction
either in public or private.
Section 408. 

Subject matter for amicable

settlement in Lupon: All

EXCEPT:
 (a) Where one party is the
government;
Ex: PNP as a party is sued for
damages.
 (b) Where one party is a public
officer and the issue relates to the
performance of his official
functions.

Ex: The police is sued for arbitrary

detention resulting from the arrest of a
suspect.

The WCPD personnel is sued for

violation of the provision of RA 9262.
(c) Offenses punishable by
imprisonment exceeding one
(1) year or a fine exceeding
Five thousand pesos
(P5,000.00);
(d) Offenses where there is no
private offended party.

Examples: Illegal
possession of FA and Illegal
Drugs
(f) Parties residing in barangays of “different” cities or
municipalities,

EXCEPT:
where such barangay units adjoin each other and the
parties thereto agree.

Example: Parties are resident of Sto. Domingo and

Legazpi City, except:

If they reside in Bigaa (Legazpi) and Lidong (Sto.

Domingo) and they agree that the issue be settled in
the Lupon.
 409 Venue ( Lupon of the
Section 409.
place to handle the case)

(a) Residents of the same barangay –

same barangay

(b) Residents of different barangays of

same municipality/city - barangay where
the “respondent” is residing.
 (c) Disputes involving real
property- in the barangay where
the real property [or the larger
portion thereof ] is situated.

 (d)Disputes between workers/

students - barangay where such
workplace or school is located.
Section 410. Procedure for
Amicable Settlement. -
 Firststep – Filing of the
complaint before the
barangay captain [oral or in
writing.
 Second step - payment of docket fees.
 Third step – The barangay captain issues
summons to the respondents for mediation.

When: Next working day from the

filing of the complaint.
Fourth step - If mediation fails (within fifteen
days from the first meeting) , the barangay
captain forms the pangkat.
 Fifth step – Mediation in the Pangkat

a) The pangkat shall meet not later than

three (3) days from its fomation.

i) If there is objection on the

membership of the pangkat due to bias it shall
be resolved by the pangkat (majority vote)
whose decision shall be final.
Sixth Step- Settlement –

Settlement made within fifteen (15) days

from formation, extendible for not more
than fifteen (15) days, [except in clearly
meritorious cases].

All amicable settlements shall be in

writing, in a language or dialect known to the
parties, signed by them, and attested to by
the lupon chairman or the pangkat chairman,
as the case may be.
Take Note :

Upon filing of the case before the barangay

captain, the prescriptive periods is interrupted
up to 60 days.

It shall continue to run again upon receipt

by the complainant of the certificate to file
action issued by the lupon or pangkat
secretary:

 
 For example: Alarms and scandals -
prescriptive period of 60 days.

So, if the person commits this crime on

Sept 1, he has until Nov 1 ( 60th day) to file the
case.

If on Oct. 1, he files the case before

the Lupon, the counting is stopped. He has a
balance of 30 days more.
 If the Lupon issues the
certificate to file action on Nov 1,
the counting of the period begins to
run from its receipt , and therefore,
he has 30 days upon receipt to file
the case.
If within 60 days from filing
on Sept 1, the case is still
unresolved by the Lupon, the
complainant may go directly to the
court.
Where Parties May Go Directly to Court

(1)Where the accused is under

detention, e.g., warrantless arrest in
inquest;
(2)
(3)
(4) Where the action may otherwise be
barred by the prescriptive period.
 Section 419. Transmittal of Settlement
and Arbitration Award to the Court. –

 The secretary of the lupon shall transmit

the award to the city or municipal court
within five (5) days from the date of the
award or from the lapse of the ten-day
period repudiating the settlement copy
furnished the parties to the settlement
and the lupon chairman.
 Section 420. Power to Administer
Oaths. -

 The punong barangay, as chairman of

the lupong tagapamayapa, and the
members of the pangkat are hereby
authorized to administer oaths in
connection with any matter relating
to all proceedings in the
implementation of the katarungang
pambarangay.
Section 416. Effect
416. of Amicable
Settlement and Arbitration Award. -

Shall have the force and effect of a

final judgment of a court upon the
expiration of ten (10) days from the date
thereof, unless:

1. repudiation of the settlement has

been made or a
2. petition to nullify the award has
been filed before the proper city or
municipal court.
Section 417. Execution. -
Execution.

The amicable settlement or

arbitration award may be enforced by
execution by the lupon within six (6)
months from the date of the settlement.

After the lapse of such time, the

settlement may be enforced by action in
the appropriate city or municipal court.
 Section 415. Appearance of
Parties in Person. - the parties
must appear in person without
the assistance of counsel or
representative, except for
minors and incompetents who
may be assisted by their next-of-
kin who are not lawyers.