MINISTRY OF THE INTERIOR AND LOCAL GOVERNMENT

KATARUNGANG
PAMBARANGAY
(BARANGAY JUSTICE
SYSTEM)

Local Government Code

(Sec. 399 – 422)
KATARUNGANG
PAMBARANGAY?
 Introduced in 1978
 System of justice
 For resolution of local level disputes
 Free the court with cases
 Provide justice to the poor
 Not judge, but assist
Katarungang Pambarangay (Justice
System)

Lupong Tagapamayapa

Pangkat ng Tagapagkasundo (Conciliation

Panel)
CONSTITUTION OF THE
LUPON
 Appointment of Lupon is the sole prerogative of
the Barangay Captain
 Does not require the approval, confirmation of the
Barangay Council
 What if the Barangay Captain fails to constitute
the Lupon?
WHEN TO CONSTITUTE THE
LUPON?
 Within Fifteen (15) Days from the start of the term as
BARANGAY CAPTAIN.
 Minimum of 10, Maximum of 20
LUPONG TAGAPAMAYAPA
 Punong Barangay
 Lupon members (10-20)
QUALIFICATIONS OF LUPON
MEMBERS
 Actual, residents/working in the Barangay
 Of legal age with the following:
- Integrity.
- Impartiality.
- Independence.
- Fairness.
- Reputation for probity.
- Patience.
- Resourcefulness.
- Open-Mindedness.
- Flexibility.
DISQUALIFICATIONS
 Below 18 yrs of age
 Imcompetent
 Convicted of a crime
 Holding Public Office
STEPS TO TAKE AFTER
IDENTIFYING THE 10-20
MEMBERS OF THE LUPON
 Barangay Secretary shall:
* Prepare a notice to constitute the Lupon using the
KATARUNGAN PAMBARANGAY (KP) Form 1
* Notice to be posted in the 3
conspicuous/strategic places in the barangay
* The NOTICE shall contain an INVITATION to
all Barangay Members to endorse or oppose the
proposed appointment of any PERSON/s included
in the list
* The recommendation shall be made within the
period of posting for (3) three weeks
 Member of the Barangay can protest or recommend
somebody from the Barangay
 10 days after the last day of posting, the Captain shall
put into writing the appointment of the Lupon members
using KP Form 2, dully signed by the captain and
attested by the Barangay Secretary.
RECAP: STEPS TO
CONSTITUTE THE LUPON
 STEP 1: Determining the actual number of Lupon
Members
 STEP 2: Preparing a notice to constitute the Lupon
 STEP 3: Posting the notice to constitute the Lupon
 STEP 4: Appointment of Lupon Members
 STEP 5: Oath taking of Lupon members
 STEP 6: Posting
TERM OF OFFICE
 3 years
 Unless Terminated
 By Death,
 Resignation, Transfer of residence or place of work,
 Withdrawal of appointment by the Barangay Captain.
However, the withdrawal should be concurred with a
majority of all members of Lupon. (using KP Form 6)
IF MEDIATION BEFORE THE
BARANGAY CAPTAIN FAILS
 The parties cannot yet elevate their case to court
 The parties still have to go through conciliation
proceedings
 Barangay Captain to constitute the PANGKAT NG
TAGAPAGSUNDO within Fifteen (15) days from the
last day of MEDIATION PROCEEDINGS.
• Is CONCILIATION = MEDIATION?
 The process is the same, except that MEDIATION is
done by the Barangay Captain, while
CONCILIATION is done by the PANGKAT headed by
a CHAIRPERSON.
WHAT IS CONCILIATION (BEFORE
THE PANGKAT)?
 Conciliation is merely INTERVENING
between TWO or MORE contending parties in
order to prevent or put an end to a dispute with
an agreement to abide by the decision of the
conciliator.
 Who are members of the PANGKAT?
 3 Members shall come from the Lupon and
chosen by the by the Complainant and
Respondent
WHAT IF THE PARTIES FAIL TO
AGREE ON THE PANGKAT
MEMBERSHIP?
 The Barangay Captain will determine the THREE
MEMBERS by drawing lots to be distributed to
the members of the Pangkat
 After they have been chosen, the Pangkat Members
shall choose among themselves
* A Chairperson
* Secretary
a) The Lupon Secretary shall turn over the
case to the PANGKAT SECRETARY for
the
Pangkat to study
PANGKAT TAGAPAGKASUNDO

PANGKAT
TAGAPAGKASUND
O

-Pinipili
LUPON -Draw lots
PANGKAT TAGAPAGKASUNDO

PANGKAT
TAGAPAGKASUND
O

-3 Members
LUPON -Chairman and
Secretary
DISQUALIFICATIONS OF A
PANGKAT MEMBER
Relationship, Bias, Interest of other similar grounds
discovered after the constitution of PANGKAT can be
grounds for disqualification of PANGKAT MEMBERS,
the Pangkat shall resolve the matter by a majority vote. Its
decision on this matter is final.
VACANCY IN THE PANGKAT
How do we fill vacancy of Pangkat?
If the Pangkat decides to disqualify any of its
members, the parties should agree on a
common choice for the replacement. If they
fail to agree, the Lupon Chairperson shall fill
the resulting vacancy by drawing of lots. In
case of vacancy due to other causes, the
Punong Barangay or the Lupon Chairperson
shall in a similar manner, fills such vacancy
should the party fail to agree on a common
choice.
CASES COVERED BY THE
KATARUNGANG PAMBARANGAY
All disputes, civil and criminal in nature where
parties actually reside in the same City/Municipality
are subject to proceeding of amicable settlement.
CASES UNDER KATARUNGAN
PAMBARANGAY
 Offenses involving Government Entity.
 One Party is a Public Officer/Employee – dispute
relates to performance of official functions.
 Offenses with maximum penalty of 1 year and
exceeding fine Five Thousand (P5,000.00).
 Offenses properties in different Cities or
Municipalities, disputes that need urgent Legal
Action, Labor Disputes and Action to Annul a
Judgment upon a compromise.
 Special Cases of Malicious Mischief (If the value of
the damaged property does not exceed P1,000.00).
 Other Mischief's (If the value of the damaged
property does not exceed P1,000.00).
 Simple seduction.
 Acts of Lasciviousness with the consent of the
offended party.
 Threatening to publish and offer to prevent such
publication for compensation.
 Prohibiting Publication of Acts referred to in the
course of official proceeding.
 Incriminating innocent persons.
 Intriguing against Honor.
 Issuing checks without sufficient funds.
 Fencing of stolen properties if the property involved
is not more than P50.00
 Formation, maintenance and prohibition of
combination of Capital or Labor through violence or
threats.
 Discovering secret through seizure and
correspondence.
 Revealing secrets with abuse of authority.
 Theft (If the value of the property stolen does not
exceed P50.00).
 Qualified theft (If the amount does not exceed
P500.00)
 Occupation of real property or usurpation of real right
in property.
 Altering Boundaries and Landmarks.
 Swindling or estafa (If the amount does not exceed
P200.00.
 Other deceits.
 Removal, Sale or Pledge of Mortgaged Property.
 Slight Physical Injuries and Maltreatment.
 Unlawful Arrest.
 Inducing a minor (A child under seven (7) years).
 Abandonment of a person in danger and
abandonment of one’s own victim.
 Abandonment of a minor by persons entrusted with
his/her custody; indifference of parents.
 Qualified trespass to dwelling (Without the use of
violence and intimidation).
 Other forms of trespass.
 Grave coercion.
 Light coercion.
 Other similar coercions (Compulsory purchase of
merchandise and payment of wages by means of
tokens).
 Unlawful use of means of publication and unlawful
utterances.
 Alarms and Scandals.
 Using false certificates.
 Using fictitious Names and Concealing true names.
 Illegal use of uniforms and insignias.
 Physical Injuries inflicted in tumultuous affray.
 Giving assistance to consummated suicide.
 Responsibility of participants in a duel if only.
 Physical Injuries are inflicted or no physical injuries
have been inflicted.
 Less serious physical injuries.
GENERAL RULES
1. NO LAWYERS allowed in barangay hearings.
GENERAL RULES
2. Not all cases go to the Katarungan
Pambarangay.

BARANGAY
COURT
GENERAL RULES
3. Execution may be filed in court.

T E…
R
KO
GENERAL RULES
4. The Lupong Tagapamayapa is NOT a court.
LUPON
 Functions:

1. Supervise the various Pangkat.

2. Meet regularly for the amicable settlements

CASES NOT WITHIN THE
JURISDICTION OF KATARUNGAN
PAMBARANGAY
1. One party is the government.
2. One party is a public officer.
3. Offenses punishable by imprisonment exceeding
one (1) year or a fine exceeding Five Thousand
Pesos (P5,000.00);
4. No private offended party
5. Real property from different Municipalities or
City
WHERE IS THE VENUE?
 If both parties are residents of the same barangay,
before the lupon of the barangay.
 Different barangays but in the same municipality,
in the barangay of the respondent.
 If real property is involved, in the place of real
property.
 If it involves work, in the place of work.
STEPS IN THE AMICABLE
SETTLEMENT
Complaint + payment of filing fee.

Punong Barangay

Pangkat Tagapagkasundo

Issuance of summons

Hearing
STEPS IN THE AMICABLE
SETTLEMENT
Complaint
STEPS IN THE AMICABLE
SETTLEMENT
Punong Barangay

15 days
STEPS IN THE AMICABLE
SETTLEMENT
Pangkat Tagapagkasundo

15 days
CONDITION BEFORE FILING
IN COURT

BARANGA
Y COURT
Lupong
Tagapamayapa
DIRECT TO THE COURT

BARANGAY
Lupong COURT
Tagapamayapa

1. If the person is already

detained.
2. In case of habeas corpus.
3. There is provisional remedy.
4. Prescribed
SETTLEMENT IS FINAL
WHEN?

 Within 10 days
 It must be executed within 6 months.
 Report to the Court.
WE HAVE TO SUPPORT THE
KP!
 Budgetary support
 Justice is free
 Justice is fast
RAMIL P. ALONTO
LOCAL GOVERNMENT OPERATION OFFICER