SEGMENT IX:

KATARUNGANG
PAMBARANGAY
LAW
INTRODUCTION:
To give teeth to the Barangay Captains, Presidential Decree 299
which was made into law in September 1973 gave them ample
authority and power to adequately discharge their peace – making
responsibilities and to act as auxiliaries of the law. They were
considered persons in authority, while the other barangay leaders
were deemed agents of persons in authority.
Presidential Decree 528, enacted
on August 5, 1974, established the
framework for the decentralization
of the government's program for
the poor.
The autonomy of local governments, including the barangay,
became a policy of the state in the 1987 Philippine
Constitution. (Article 2, Section 25) To ensure compliance
with the State's policy.
•The 1987 Philippine Constitution made local
government autonomy, particularly barangay
autonomy, a policy of the state. (Section 25 of
Article 2). The Congress was directed to enact a
local government code that would establish a more
responsive and accountable local government
structure through a system of decentralization with
effective recall, initiative, and referendum
mechanisms; allocate powers, responsibilities, and
resources among local government units; and
provide for the qualifications, election, and
appointment of local government officials in order
to ensure compliance with the State's policy.
(Section 3 of the Constitution, Article 10)
 1. What is PD 1508 ?

- The refers to an act Establishing a System of

Amicably Settling Dispute at the Barangay
Level,
 2. What is RA 7160?
- RA 7160 is otherwise known as the 1991 Local Government Code.
- This gives barangays the mandate to enforce peace and order and provide support for the
effective enforcement of human rights and justice.
- Decentralization has facilitated the recognition of the Katarungang Pambarangay or
Barangay Justice System as an alternative venue for the resolution of disputes.
- The challenge facing local governments now is to maximize and harness the
katarungang pambarangay as one of the most valuable mechanisms available in
administering justice, advancing human rights protection and resolving and/or mediating
conflict at the barangay level through non-adversarial means. In addition, This law
expanded the scope and powers of the Katarungang Pambarangay or the Barangay
Justice System designed not merely to decongest the courts of cases but to address
inequalities in access to justice, particularly experienced by marginalized communities.
- 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
 3. What is Katarungang Pambarangay

- Katarungang Barangay (KP) is a system of justice administered

at the barangay level for the purpose of amicable settling
disputes through mediation, conciliation or arbitration among
the family or barangay without resorting to the courts
- The Katarungang Pambarangay or Barangay Justice System is a
community-based dispute settlement mechanism that is
administered by the basic political unit of the country, the
barangay.
- As a community-based mechanism for dispute resolution, it
covers disputes between members of the same community
(generally, same city/municipality) and involves the Punong
Barangay and other members of the communities (the Lupon
members) as intermediaries (mediators, conciliators, and,
sometimes, arbitrators).
•Take Note:

•The fundamental technique for resolving conflicts in the Barangay

Justice System is to provide a platform for the disputing parties to
look for a solution. A solution that is agreeable to both parties. As a
result, the system's principal duty is to assist the parties rather than to
arbitrate conflicts and impose a solution. parties in a discussion about
a possible amicable resolution of their differences. Punong Barangay
and community conciliators (Lupon members) are not in agreement.
Operate as facilitators for the disputing parties' discussion of
alternative solutions rather than as judges or adjudicators of conflicts.
As a result, the personal. The contesting parties must appear and
participate in the proceedings, and their failure to do so will result in
consequences. Also due to the necessity for the personal information
of the contesting parties
4. What is barangay? What is its
role?
Barangay defined:
The barangay, as the basic political unit, serves as the
primary planning and implementing unit of
government policies, plans, programs, projects, and
activities in the community, and as a forum wherein
the collective views of the people may be expressed,
crystallized, and considered, and where disputes may
be amicably settled. (Sec 384 of the Local
Government Code)
The Barangay Chief Officials and Offices are
the following:

 Punong Barangay
 7 Sangguniang Barangay Members
 Sangguniang Kabataan Chairman
 Barangay Secretary
Barangay Treasurer

“There shall also be in

every barangay a Lupong
Tagapamayapa.”
The Punong Barangay, the seven (7) Sangguniang
Barangay Members, the Sangguniang Kabataan
Chairman, the Barangay Secretary, the Barangay
Treasurer, and the members of Lupong Tagapamayapa
in each barangay shall be deemed persons in authority
in their jurisdiction, while the other barangay officials
and members who may be designated by law or
ordinance in charged with the maintenance of public
order, protection and security of life and property, or
maintenance of desirable and balance environment,
and any barangay member who comes to the aid of
persons in authority, shall be deemed agents of persons
in authority. (Art 388 of the Local Government Code)
STATE THE MANNER OF ELECTING OR
APPOINTING OFFICIALS OF
BARANGAY
The Barangay officials shall be elected or appointed in the following
manner:
a. The Barangay Chairman shall be elected in an election called for that
purpose, shall be three years and no such official shall serve for more
than three consecutive terms. and Under the Philippine Constitution,
the term of office of elective local officials, except barangay officials,
which shall be determined by law.
- The term of office of barangay chairmen and Sangguniang Barangay
Members shall be five (5) years.

b. The Barangay Secretary and Barangay Treasurer shall be

appointed by the Punong Barangay with concurrence of the
majority of all the Sangguniang Barangay Members. Their
appointment shall not be subject to attestation by the Civil
Service Commission; (Sec 394 & 395 of the Local
Government Code)
WHO IS THE BARANGAY SECRETARY
OF THE LUPON? WHAT ARE HIS
DUTIES?
The Barangay Secretary shall concurrently serve as the secretary
of the Lupon. His duties are the following:

a. He shall record the results of the mediation proceedings

before the Punong Barangay and shall submit a report thereon
to the proper city or municipal courts;

b. He shall receive and keep the records of

proceedings submitted to him by various conciliation
panels; and

c. He shall issue certified true copies of any public

record in his custody that is not by law otherwise
declared confidential. (Sec 394 of the Local
Government Code)
5. What is Lupong Tagapamayapa?

Lupong Tagapamayapa ( Lupon) is a body in every barangay

composed of Punong Barangay as chairperson and not less than
ten (10) and more than twenty from which the members of
Pangkat shall be chosen.
6. Who has the authority to constitute the Lupon?

The Punong Barangay can appoint the lupon members. It is

his/her exclusive prerogative — no need for approval,
confirmation or ratification of the sangguniang barangay.
7. What are the six (6) steps to constitute a Lupon?
 Determining the actual number of Lupon Members
 Preparing a notice to constitute the Lupon
 Posting the notice to constitute the Lupon
 Appointment of Lupon Members
 Oath taking of Lupon members
 Posting
8. When and how the Punong
Barangay constitute the Lupon?

A notice to constitute the Lupon, which shall

include the names of the proposed members
who have expressed their willingness to serve,
shall be prepared by the Barangay Chairman
within the first fifteen (15) days from the start
of his term of office.
9. How many members should the Punong
Barangay include in the list?
- A minimum of ten (10) and maximum of
twenty (20) members.
10. Who are qualified and disqualified members
of Lupon?
The lupong tagapamayapa shall be composed of Punong Barangay as
chairman and ten (10) to twenty (20) members. The qualifications of
the members are the following:

 a. Actually residing or working in the barangay;

 b. Not expressly disqualified by law; and
 c. Possessing integrity, impartiality, independence of mind,
sense of fairness, and reputation for probity. (Sec 399 of the Local
Government Code
BELOW ARE THE QUALIFIED AND
DISQUALIFIED TO BE LUPON MEMBERS:
11. After identifying the 10-20 members of the Lupon, what are the next steps?

- The Barangay Secretary, who is also the concurrent secretary of

Lupon, shall prepare a notice to constitute the Lupon using KP form 1.

Take Note: Such notice shall be posted in

three (3) conspicuous places in the barangay.
Said notice shall contain an invitation to all
barangay members to endorse or oppose the proposedappointment of any
person/s
included in the list. Therecommendation
shall be made within the period of posting
forthree weeks.
 Figure 2: KP FORM NO. 1

Take Note: Within ten (10) days from completion of the posting
requirement, the Chairman shall appoint those he determines to
be the members of the Lupon using KP form 2. He must,
however, take into consideration any opposition to the proposed
appointment.
Be noted further that the appointments shall be in writing,
signed by the Barangay Chairman, and attested by the Barangay
Secretary. The members
of the Lupon shall serve for three (3) years. (Secs 397 & 399
of the
Local Government Code)

Figure 3: KP FORM NO. 2

Take Note: The Newly Appointed Lupon
Members shall take their Oath
immediately Before the Punong Barangay
using KP Form 5.
 Figure 4: KP FORM NO. 5

Be noted further that the List of appointed Lupon Members shall be posted in
three strategicand highly visible places in the
Barangay.

Figure 5: KP FORM NO. 6

12. The term of office of Luponmembers and the manner of filling up
vacancies:
The Lupon members shall hold office until a new lupon is constituted on the
third year following his appointment unless sooner terminated by resignation,
transfer of residence, or place of work, or withdrawal of appointment by the
Punong Barangay withconcurrence of the majority of all the members of the
Lupon. Should vacancy occur in the Lupon for any cause, the Punong
Barangay shall immediately appoint a qualified person who shall hold office
only for the unexpired portion of the term of the predecessor. (Sec
401 of the Local Government Code)
13. Are the lupon members entitled to some
compensation? Do they have benefits due to them?
- The Lupon members shall serve without any
compensation.

- If the barangay has enough funds, we can always give

honoraria to Lupon members who have participated in the
resolution of a particular case. On the other hand, under
Commission on Higher Education (CHED) order 62
series of 1997, two daughters or sons of a Lupon member
are qualified to become a state scholar in tertiary
education to any state colleges or universities.
STATE THE FUNCTIONS OF THE LUPONG
TAGAPAMAYAPA:
The functions of the Lupong Tagapamayapa are the
following:
 Exercises administrative supervision over the concillation
panels provided under the law
 Meets regularly once a month to provide a forum for
exchange of ideas among its members and the public on matters
relevant to 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
 Exercises such other powers and perform such other duties
and functions as may be prescribed by law or ordinance. (Sec
402 of the Local Government Code)
 14. What is Pangkat ng Tagapagkasundo. State
its composition:

- Pangkat ng Tagapagkasundo is a conciliation panel constituted for

each dispute brought before the Lupon. It is composed of three (3)
members who shall be chosen by the parties to the dispute from the
list of members of the Lupon.

Should the parties fail to agree on the Pangkat membership, the

same shall be determined by lots drawn by the Barangay
Chairman. (Sec 404 of the Local Government Code)

How shall the Pangkat organize? The three (3) members constituting the
Pangkat shall elect from among themselves the chairman and the secretary.
The secretary shall prepare the minutes of the Pangkat proceedings and submit
a copy duly attested to by the chairman to the Lupon Secretary and to the
proper city or municipal courts. He shall issue and caused to be served notices
to the parties concerned. (Sec 404 of the Local Government Code)
How shall the vacancies in the Pangkat be filled up? Any vacancy in the Pangkat shall be chosen by the parties to a
dispute from among the Lupon members. Should the parties fail to agree on a common choice, the vacancy shall be
filled by lot to be drawn by Lupon Chairman. (Sec 405 of the Local Government Code)

15. What is the character of office of Lupon members? The Lupon members, while in the performance of their
official duties or on occasion thereof, shall be considered persons in authority, as defined in the Revised Penal Code.
(Sec 406 of the Local Government Code) Take Note: As an effect, if a Lupon member is assaulted or attacked while in
performance of official duty or on occasion thereof, the crime committed is Direct Assault. (Reyes, 2008)

16. Are all disputes subject to Barangay Conciliation before filing a Complaint in Court or any government
offices?
All disputes are subject to barangay conciliation and prior recourse thereto is a pre – condition before filing a
complaint in court or any government offices, except in the following disputes:
a. Where one party is the government, or any subdivision or instrumentality
thereof;
b. b. Where one party is a public officer or employee and the dispute relates to
the performance of his official functions;
c. Where the dispute involves real properties located in different cities and
municipalities, unless the parties thereto agree to submit their difference to
amicable settlement by an appropriate Lupon;
d. Any complaint by or against corporations, partnerships or juridical entities,
since only individuals shall be parties to barangay conciliation proceedings
either as complainants or respondents;
e. Disputes involving parties who actually reside in barangays of different cities
or municipalities, except where such barangay units adjoin each other and the
parties thereto agree to submit their differences to amicable settlement by an
appropriate Lupon;
f. Offenses for which the law prescribes a maximum penalty of imprisonment
exceeding one (1) year or a fine of over five thousand pesos (P5,000.00);
g. Offenses where there is no private offended party;
h. Disputes where urgent legal action is necessary to prevent injustice
from being committed or further continued, specifically the following:
 Criminal cases where the accused is under police custody or
detention;  Petitions for habeas corpus by a person illegally deprived of
his rightful custody over another or a person illegally deprived of or on
acting in his behalf;
 Actions coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property and support during
the pendency of the action; and
 Actions which may be barred by the Statute of Limitations.
i. Any class of disputes which the President may determine in the
interest of justice or upon the recommendation of 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. (Aggranzamendez, 2008 & Secs 408 & 412 of the Local
Government Code)
17. What are the cases under the Katarungang Pambarangay?
The following are the cases under the Katarungang Pambarangay:
a. Unlawful Use of Means of Publication And Unlawful
Utterances (Art. 154);
b. Alarms and Scandals (Art. 155);
c. Using False Certificates (Art. 175);
d. Using Fictitious Names and Concealing True Names (Art. 178);
e. Illegal Use of Uniforms and Insignias (Art. 179);
f. Physical Injuries Inflicted in A Tumultuous Affray (Art. 252);
g. Giving Assistance to Consummated Suicide (Art. 253);
h. Responsibility of Participants in A Duel If Only Physical
Injuries Are Inflicted or No Physical Injuries Have Been Inflicted
(Art. 260);
i. Less Serious Physical Injuries (Art. 265);
j. Slight Physical Injuries and Maltreatment (Art. 266);
k. Unlawful Arrest (Art. 269);
l. Inducing A Minor to Abandon His/Her Home (Art. 271);
m. Abandonment of A Person in Danger and Abandonment of
One’s Own Victim (Art. 275);
n. Abandoning A Minor (A Child Under Seven [7] Years Old) (Art.
276);
o. Abandonment of A Minor by Persons Entrusted With His/Her
Custody; Indifference Of Parents (Art. 277);
p. Qualified Tresspass To Dwelling (Without The Use Of Violence And
Intimidation). (Art. 280);
q. Other Forms Of Tresspass (Art. 281);
r. Light Threats (Art. 283);
s. Other Light Threats (Art. 285);
t. Grave Coercion (Art. 286);
u. Light Coercion (Art. 287);
v. Other Similar Coercions (Compulsory Purchase of Merchandise and
Payment Of Wages By Means Of Tokens). (Art. 288);
w. Formation, Maintenance and Prohibition of Combination of Capital
Or Labor Through Violence Or Threats (Art. 289);
x. Discovering Secrets Through Seizure and Correspondence (Art.
290);
y. Revealing Secrets with Abuse of Authority (Art. 291);
z. Theft (If the Value of The Property Stolen Does Not Exceed P50.00).
(Art. 309);
aa. Qualified Theft (If the Amount Does Not Exceed P500). (Art. 310);
bb. Occupation of Real Property or Usurpation Of Real Rights In
Property (Art 312);
cc. Altering Boundaries or Landmarks (Art. 313);
dd. Swindling or Estafa (If the Amount Does Not Exceed P200.00). (Art. 315);
ee. Other Forms of Swindling (Art. 316);
ff. Swindling A Minor (Art. 317);
gg. Other Deceits (Art. 318);
hh. Removal, Sale or Pledge of Mortgaged Property (Art. 319); ii. Special Cases of
Malicious Mischief (If the Value of the Damaged Property Does Not Exceed
P1,000.00). (Art 328);
jj. Other Mischiefs (If the Value of The Damaged Property Does Not Exceed
P1,000.00). (Art. 329);
kk. Simple Seduction (Art. 338);
ll. Acts of Lasciviousness with The Consent of The Offended Party (Art 339);
mm. Threatening to Publish and Offer to Prevent Such Publication For
Compensation (Art. 356);
nn. Prohibiting Publication of Acts Referred to In the Course Of Official
Proceedings (Art. 357);
oo. Incriminating Innocent Persons (Art. 363);
pp. Intriguing Against Honor (Art. 364);
qq. Issuing Checks Without Sufficient Funds (Bp 22); And
rr. Fencing of Stolen Properties If the Property Involved Is Not More Than P50.00
(Pd 1612).
18. What Are the Rules to Be Considered In Determining The Venue In Settling Disputes? The Rules in
Determining Venue in Settling Disputes are the Following:

a. The 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; And
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.
Take Note: The respondent must raise the question of
improper venue in the mediation proceedings before
the Punong Barangay; otherwise, the same shall be
deemed waived. (Sec 409 of the Local Government
Code)
It must be stressed further that “waive” means
renounce. (Bloomsburry, 2007)
Sample Case:
Mr. Quiambao resides in Barangay Matatalaib, Tarlac City and Mr. Padua resides in
Barangay San Vicente,Tarlac City. For an unknown reason, Mr. Quiambao punched
and kicked Mr. Padua at the Tarlac City Public Market. Mr. Padua was incapacitated
to work for 1 day. After regaining his strength, Mr. Padua filed a complaint before the
Barangay Chairman of Barangay San Vicente wherein Mr. Quiambao was
subsequently summoned and participated in amicable settlement until the Pangkat ng
Tagapagkasundo was constituted. After the Pangkat was constituted, Mr. Quiambao
realized that there was a mistake in venue because “letter b” above states that the
venue is where the respondent resides. May Mr. Quiambao properly assert that there
is improper venue in the mediation proceedings?
No, Mr. Quiambao may not properly assert that there is improper venue in the
mediation proceedings.
This is an example of the statement above that the respondent must raise the question
of improper venue in the mediation proceedings before the Punong Barangay;
otherwise, the same shall be deemed waived.
 19. What is the procedure to be followed for settlement of disputes at the barangay level? The procedure to be followed in resolving disputes in the
barangay level are the following:

• a. The complainant complains orally or in writing to
the Lupon Chairman of the barangay; If the complaint
is done orally, it is the duty of the Lupon Chairman to
place it in writing.
• b. Within the next working day from receipt of the
complaint, the Lupon Chairman shall summon the
respondent, with notice to the complainant, for them
and their witnesses to appear before him for mediation;
• c. If the Lupon Chairman fails in his mediation efforts
within fifteen (15) days from the first meeting of
parties, he shall set a date for the constitution of the
Pangkat ng Tagapagkasundo;
• d. The Pangkat shall convene not later than three (3)
days from its constitution to hear both parties and their
witnesses, simplify issues, and explore all possibilities
for amicable settlement;
• e. The Pangkat shall arrive at settlement or
resolution of the dispute within fifteen (15) days,
from the day it convened; otherwise the
Certification to File Action shall be issued. (Sec
410 of the Local Government Code)
• Take Note: The term “summon” means invite.
(Bloomsbury, 2007)
• It must be stressed further that the one complaining
before the Barangay Captain is known as
complainant and the one being charged is known as
the respondent. (Aggranzamendez, 2008)
20. Who shall issue Certification to File Action?
The Certification to File Action shall be issued by any of the following:
a. The Lupon Secretary and attested by the Lupon Chairman, certifying that a
confrontation of the parties has taken place and that a conciliation or settlement has
been subsequently repudiated;
b. The Pangkat Secretary and attested by the Pangkat Chairman, certifying that:
 Confrontation between the parties took place but no conciliation and/or settlement has
been reached; or
 No confrontation took place before the Pangkat through no fault of the complainant.
c. The Punong Barangay, as requested by the proper party on the ground of failure of
settlement where the dispute involves members of the same indigenous cultural
community, which shall be settled in accordance with the customs and traditions of that
particular cultural community, or where one or more of the parties mutually agreed to
submit their disputes to the indigenous system of amicable settlement, and there has been
no settlement as certified by the Datu or tribal leader or elder to the Punong Barangay of
the place of settlement. (Aggranzamendez, 2008)
21. If the parties have reached a settlement of their dispute, in what
form must the settlement be?

The form of amicable settlement:

The amicable settlement shall be in writing, in a language or dialect known
to the parties, signed by them and attested by the Lupon Chairman or
Pangkat Chairman, as the case may be. When the parties to a dispute do not
use the same language or dialect, the settlement shall be written in a
language or dialect known to them. (Sec 411 of the Local Government
Code)
The effect of amicable settlement:
If an amicable settlement is not repudiated by any of the parties within ten
(10) days from the date thereof, it shall have the effect of final judgment of
a court. (Sec 416 of the Local Government Code)
How may a party to the dispute repudiate the amicable settlement?
Any party to the dispute may repudiate the settlement by filing with the Lupon
Chairman, within ten (10) days from the date of settlement, a statement of repudiation
sworn to before him, on the ground that such consent of said party is vitiated by fraud,
intimidation, or violence (FIV). Such repudiation shall be a sufficient basis for the
issuance of certification to file action. (Sec 418 of the Local Government Code)

If the amicable settlement is not repudiated within ten (10) days from the date
thereof, how may it be enforced?
If the amicable settlement is not repudiated within ten (10) days from the date
thereof, it may be enforced by execution by the Lupon within six (6) months from the
date of the settlement. After the lapse of the six – month period, it may be enforced by
action in the appropriate Municipal Trial Court. (Sec 417 of the Local Government
Code)
22. Define arbitration. How and when is it done?
Arbitration is the process of resolving a dispute or a grievance outside of court
system by presenting it to a third person or panel for decision. (Aggranzamendez, 2008)
How shall parties submit their dispute for arbitration?
The parties may submit their dispute to the Lupon Chairman or Pangkat for
arbitration by entering into a written agreement to arbitrate. The written agreement to
arbitrate shall state that the parties shall abide by the arbitration award of the Lupon
Chairman or the Pangkat ng Tagapagkasundo. (Sec 413 of the Local Government Code)
May any of the parties repudiate the agreement to arbitrate?
Yes, any party may repudiate the agreement to arbitrate but he must do so within five
(5) days from the date of the execution of agreement to arbitrate. (Sec 413 of the Local
Government Code)
Within what time shall the Lupon Chairman or the Pangkat Chairman make the
arbitration award and in what form will it be?
The Lupon Chairman or the Pangkat Chairman shall make the arbitration award after
the expiration of the period for repudiation of the agreement to arbitrate and within ten
(10) days thereafter. The arbitration award shall be in writing and in the language or
dialect known to the parties. (Sec 413 of the Local Government Code
Can the arbitration award be repudiated?
No. the arbitration award cannot be repudiated. The
remedy against an arbitration award is to file with the
appropriate Municipal Trial Court a petition for its
nullification within ten (10) days from the date thereof.
If no petition for nullification is filed within the ten –
day period, the arbitration award shall have the effect of a
final judgment of a court. (Sec 417 of the Local Government
Code)

How shall an arbitration award be enforced?

An arbitration award may be enforced by execution by
the Lupon within six (6) months from the date of the
settlement. After the lapse of the six – month period, it may
be enforced by action in the appropriate Municipal Trial
Court. (Sec 417 of the Local Government Code)
23. In Katarungang Pambarangay proceedings, may the parties appear with
the assistance of their counsel?
No. By the express provision of law, parties must not be assisted by counsel
in pambarangay proceedings. Minors and incompetents are assisted by next – of –
kin who are not lawyers. (Sec 415 of the Local Government Code)

24. Aside from the stated positions in the Barangay level, there is
Sangguniang Barangay, a very important organization. State its composition
and authority.
The Sangguniang Barangay, the legislative body of the Barangay, shall be
composed of the Punong Barangay as presiding officer, and the seven (7) regular
Sangguniang Barangay members elected at large and Sangguniang Kabataan
chairman, as members. (Sec 390 of the Local Government Code)
The term of office of barangay chairmen and Sangguniang Barangay
Members shall be five (5) years. (Par c, Sec 1 of RA 8524)
State the functions of the Sangguniang Barangay:

The Sangguniang Barangay, as the legislative body of the Barangay, shall have functions which include the
following:

a. Enact ordinances as may be necessary to discharge the

responsibilities conferred upon it by law or ordinance and to
promote the general welfare of the inhabitants therein;
b. Enact tax and revenue ordinances, subject to the limitations
imposed by the Local Government Code; c. Enact annual and
supplemental budgets in accordance with the provisions of the
Local Government Code;
d. Provide for the construction and maintenance of barangay
facilities and other public works projects chargeable to the
general fund of the barangay or such other funds actually
available for the purpose;
e. Submit to the Sangguniang Panlungsod or Sangguniang Bayan
such suggestions or recommendations as it may see fit for the
improvement of the barangay or for the welfare of the
inhabitants thereof. (Sec 391 of the Local Governemt Code)
Terms to Ponder:
1. Adjudication is the power of courts or quasi-judicial
agencies to decide cases filed before them and falling within
their jurisdiction.

2. Amicable Settlement is an agreement reached during

mediation and conciliation proceedings.

3. Arbitration is a process wherein the third party from outside

the judicial system is chosen by parties to hear and decide their
dispute.
4. Arbitration Award is the decision reached by either the
lupon chairperson or pangkat, as the case may be, upon prior
agreement in writing by the parites to a dispute for the
adjudicators to resolve it.
5. Attachment is a provisional remedy in the form of an order
issued by a judge before whom the case is pending by which the
property is taken into legal custody as security for satisfaction
of a judgment obtained by the prevailing party, either at the
commencement of the action or any time after the filing of the
case before the final judgment.
6. Complainant — plaintiff (one complaining before the
Barangay Captain).
7. Complaint is a concise statement of ultimate facts
constituting the plaintiff’s cause and causes of action.
8. Conciliation is a process wherein the Pangkat forgoes the power to decide or
recommend but assist the parties to isolate issues and options to reach a settlement
by consensus that jointly satisfies their needs.

9. Delivery of Personal Property (Replevin) is provisional remedy by which a

judge before whom an action is pending for the recovery of personal property
issues an order for the delivery of such property to the movant or the party filing
the petition upon filing of a bond to guarantee its return or to answer for the
damages.

10. Execution is the process of exacting satisfaction for on or both of the parties
through compulsory or coercive means. It entails the enforcement of the terms of
the amicable settlement or arbitration award in so far as this may enjoin or
command any of the parties to perform an act, give something or refrain from
doing some act.

11. Habeas Corpus is a judicial proceeding for the purpose of releasing a person
who is illegally deprived of liberty or restoring rightful custody to the person who
has been deprived of.
12. Incompetent means a person who is suffering the penalty of civil
interdiction; or who is a hospitalized. leper, prodigal, deaf and dumb
who is unable to communicate; one who is 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.

13. Jurisdiction is an authority to hear and decide a case and given by

law and cannot be agreed by the parties.

14. Katarungang Barangay (KP) is a system of justice administered at

the barangay level for the purpose of amicable settling disputes through
mediation, conciliation or abitration among the family or barangay
without resorting to the courts.
15. Lupong Tagapamayapa (Lupon) is a body organized in
every barangay composed of Punong Barangay as the
chairperson and not less than ten (10) and more than twenty
from which the members of every Pangkat shall be chosen.

16. Mediation is a process wherein the Lupon chairperson or

Barangay Chairperson assists the disputing parties to reach a
settlement by consensus that jointly satisfies their needs.

17. Minor is a person below eighteen (18) years of age.

18. Next of Kin is an individual who is a relative or a

responsible friend with whom the minor or incompetent lives
19. Pangkat Tagapagkasundo (Pangkat) is a
conciliation panel constituted from the Lupon
membership for every dispute brought before the Lupon
consisting of three (3) members after the Punong
Barangay has failed in his mediation efforts.

20. Preliminary injunction is a provisional remedy in

the form of an order issued by a judge before whom the
case is pending at any stage before the final judgment
requiring a person to refrain from a particular act.
21. Repudiation is an act of rejecting the validity or refusing to
accept the terms and conditions of agreement on the ground of
vitiation of consent by fraud, violence or intimidation.

22. Respondent — defendant (one being charged).

23. 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
24. Support Pendente Lite is a provisional remedy in a form of an order issued
by a judge before whom the case is pending granting allowance, dwelling,
clothing, education and medical attendance to the person entitled thereof.

25. 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.
THANK YOU 