Professional Documents
Culture Documents
KATARUNGANG
PAMBARANGAY
LAW
OBJECTIVES:
The Participants:
• shall understand the Brgy.
Officials ROLES in the KP
implementation;
• would understand the SPIRIT
of the KP Law;
OBJECTIVES:
Human Relations
Article 19.
(UNJUST ENRICHMENT)
Every person who through an act of
performance by another, or any other means,
acquires or comes into possession of
something at the expense of the latter
without just or legal ground, shall return the
same to him.
A person who DOES
NOT Understand can
NEVER Appreciate
COMMON TYPES OF CASES:
1)Criminal
2)Civil
3)Administrative
Criminal Case – is an offense
against the State.
Example:
• Theft
• Rape
• Robbery
• Dangerous Drugs Cases
Criminal Case
Penalties:
Imprisonment or Fine or
Community Service
Civil Case – is one by which a party
sues another for the enforcement or protection
of a right, or the prevention or redress of a
wrong.
Example:
• Real estate disputes
• Breach of contract
• Collection of sum of money
• Property damage
Civil Case
Penalty:
Award of Damages
Administrative Case – the
offense consists of a person's committing an
action that is PROHIBITED BY LAW or FAILING
TO DO WHAT IS PRESCRIBED BY LAW, and
doing so intentionally or through negligence.
Example:
• Gross Negligence
• Neglect of Duty
Administrative Case
Penalty:
Suspension, Dismissal,
Disqualification, Reprimand
THE
KATARUNGANG
PAMBARANGAY
LAW
(Sections 399 – 422,
LGC)
SECTION 399.
Lupong Tagapamayapa. –
(a) There is hereby created in each
barangay a lupong tagapamayapa,
hereinafter referred to as the lupon,
composed of the punong barangay, as
chairman and ten (10) to twenty (20)
members. The lupon shall be
constituted every three (3) years in
the manner provided herein.
SECTION 399.
(b) Any person actually residing or
working in the barangay, not
otherwise expressly disqualified by
law, and possessing integrity,
impartiality, independence of mind,
sense of fairness, and reputation for
probity, may be appointed a member
of the lupon.
SECTION 399.
(e) The list of appointed members
shall be posted in three (3)
conspicuous places in the barangay
for the entire duration of their term of
office.
KP JURISDICTION & VENUE
JURISDICTIO
VENUE
N
authority that
is given to a
actual place
legal body to
where the
hear, (decide)
case is
and execute
heard
judgment of a
case
Jurisdiction
NATURAL PERSONS
ACTUAL RESIDENTS
ALL DISPUTES
KINDS OF PERSONS
UNDER THE LAW
• Corporations
• Registered Associations
• Lending Institutions (Financing
Companies, Banks)
• Cooperatives
Jurisdiction
ACTUAL RESIDENTS
Jurisprudence
1) Abagatnan et alia vs. Sps. Clarito
2) Pascual vs Pascual
Complainant – Bank of the Philippine Islands
Respondent – Malate, Manila
Has Jurisdiction?
NO
Complainant – James (Sta. Mesa)
Respondent – Paul (Tondo)
Has Jurisdiction?
YES
Sangguniang Bayan/Court/Ombudsman
Exception
Court
Exception
• Complainant – Tondo, Manila
Where the dispute
• Respondent – West Rembo,
involves real Makati
properties located in • Land – Paliparan, Dasmarinas
different City
municipalities • Court/Lupon
/ / / /
YES
How to Check if the Lupon has
Jurisdiction
NATURAL ACTUAL SAME DISPUTE
PERSON RESIDENT MUNICIPALITY
/ / X /
NO
How to Check if the Lupon has
Jurisdiction
NATURAL ACTUAL SAME DISPUTE
PERSON RESIDENT MUNICIPALITY
X / X /
NO
JURISDICTIO
VENUE
N
authority that
is given to a
actual place
legal body to
where the
hear (decide)
case is
and execute
heard
judgment of a
case
Venue
Complainant
LUPON OF
135, Tondo
SAID 135, Tondo
BARANGAY Respondent
135, Tondo
Venue
Complainant
BARANGAY WHERE 135, Tondo
THE RESPONDENT
765, San
Respondent Andres
RESIDES
765, San
Andres
Venue
Those involving actual residents of different
barangays w/in the same city or municipality
Complainant
BARANGAY WHERE 135, Tondo 287, Binondo
THE RESPONDENT OR or
Respondent
ANY OF THE 659, Ermita
RESPONDENTS 1. 287, Binondo
or
RESIDES AT THE 2. 659, Ermita
ELECTION OF THE 654,
3. 654, Intramuros
COMPLAINANT Intramuros
KINDS OF PROPERTY
BARANGAY Complainant
WHERE SUCH 135, Tondo
WORKPLACE OR Respondent
470, Sampaloc
INSTITUTION FOR 287, Binondo
STUDY IS
LOCATED UST
WHAT SHOULD THE
BARANGAY DO IF A
COMPLAINT NOT
COGNIZABLE BY THE KP
LAW IS LODGED WITH
THE BARANGAY?
IF THE COMPLAINT IS IF THE COMPLAINT IS NOT
COVERED BY THE KP LAW COVERED BY THE KP LAW
COLLECT FILING FEE BASED ON THE THE BARANGAY CANNOT DEMAND FOR
BARANGAY ORDINANCE FILING FEE UNLESS THERE IS AN
ORDINANCE PROVIDING FOR SUCH
FOLLOW THE KP PROCEDURE OR SEND AN INVITATION LETTER. CANNOT
SENDING SUMMONS COMPEL THE PARTIES
APPLY THE 15-DAY RULE FOR THE RULE DOES NOT APPLY. THE
MEDIATION OR CONCILIATION PARTIES MAY COME TO THE BARANGAY
ANYTIME
IF MEDIATED/CONCILIATED, THE IF THE PARTIES AGREE, THE
PARTIES WILL BE GIVEN A COPY OF THE AGREEMENT SHALL NOT NECESSARILY
SETTLEMENT AGREEMENT BASED ON BE BASED ON THE KP FORM
THE KP FORM
IF THE COMPLAINT IS IF THE COMPLAINT IS NOT
COVERED BY THE KP LAW COVERED BY THE KP LAW
PHILOSOPHY
PHILOSOPHY
That
the arrest or detention is
not authorized by law or
there is no reasonable
ground therefor.
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
ARTICLE 280. SIMPLE 1. That the offender is a - Actual damages
TRESPASS TO private person;
DWELLING 2. That he enters the
dwelling of another;
- committed by means
of deceit
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
Art. 339 – Acts of - making a physical - Actual damages
lasciviousness with contact with the body of
another person for the
consent of offended purpose of obtaining
party (Pahimulos nga sexual gratification other
lawasnon nga dunay than, or without
pagtugot sa intention of, sexual
gipahimuslan) intercourse.
PP: 5 Years
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
ARTICLE 364. - An act that make - Actual damages
INTRIGUING AGAINST any intrigue which
HONOR (Pang intriga has for its principal
batok sa dungog) purpose to blemish
the honor or
PP: 2 Months reputation of
another.
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
Art. 358. Slander - 1) there must be an - Actual and Moral
imputation of a crime, or of
Defamation in spoken a vice or defect, real or Damages
form (slander). imaginary, or any act,
omission, status or
circumstances; (2) made
PP: 2 Months – 10 orally; (3) publicly; (4) and
Years maliciously; (5) directed to a
natural or juridical person,
Oral defamation may either be or one who is dead; (6)
simple or grave. It becomes which tends to cause
grave when it is of a serious dishonour, discredit or
and insulting nature. contempt of the person
defamed.
Cyber Crime
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
Cyber Libel Cyber Libel or Online
Libel NOT under the
jurisdiction of the
barangay.
Why? Penalty is prision
mayor in its minimum
period, which is from six
years and one day to
eight years and medium
period, which is from
eight years and one day
to 10 years.
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
Art. 359 – Slander by Any act which shall cast - Actual damages
Deed dishonor, discredit or
contempt upon another
person. (Sagpa or
PP: 2 Months - 10 pagpakauwaw nga wala
Years nag gamit ug panultihon)
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
Art. 363. Incriminating Any person who, by any - Actual damages
innocent person. act not constituting
perjury, shall directly
incriminate or impute to
PP: 2 Months an innocent person the
commission of a crime
Other Crimes Punishable by 1Year
Imprisonment and Below RPC
Art. 154 – Unlawful use of means of publication and unlawful utterances
Art. 174 - False medical certificates; false certificates of merit or service
Art. 175 – Using false certificates
Art. 178 - Using fictitious names and concealing true names
Art. 179 - Illegal use of uniforms or insignias
Art. 253 – Giving assistance to suicide if suicide is not consummated
Art. 288 - Other similar coercion (compulsory purchase of merchandise
and payment of wages by means of tokens
Art. 290 - Discovering secrets through seizure of correspondence
Art. 291 - Revealing secrets with abuse of office
Art. 319 - Removal, sale or pledge of mortgaged property
Art. 356 -Threatening to publish and offer to prevent such publication for
a compensation (otherwise referred to as “Blackmail”)
Art. 357- Prohibited publication of acts referred to in the course of official
proceedings
Question: Legal effect if grave offense is settled
before the Lupon?
Answer: Binding insofar as civil aspect of case only.
(DOJ Opn No. 229, S. 1982).