Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

BESTS
BARANGAY EMPOWERMENT THRU SUSTAINED TECHNICAL SUPPORT

KATARUNGANG PAMBARANGAY
 INTRODUCTION TO KATARUNGANG PAMBARANGAY

Introduced in 1978 through PD 1508

It aims to facilitate resolution of

disputes in the community in a faster,
more economical and restorative
justice system.
It is intended to form part of the
Philippine Justice System, i.e., in most
cases, Conciliation is a pre-condition
to filing of complaint in court.

It aims to assist disputing parties to

come to an agreement through an
amicable settlement or arbitration
award, and not to adjudicate.

Adopted with some amendments in 1991 through RA 7160

ORGANIZATIONAL AND ADMINISTRATIVE ASPECTS OF
THE KATARUNGANG PAMBARANGAY

 There shall be a Lupong Tagapamayapa created in

every barangay who shall spearhead and oversee
the administration of the Katarungang
Pambarangay.
LUPONG
TAGAPAMAYAPA
 It shall be composed of the Punong Barangay as
the Lupon Chairperson and ten (10) to twenty (20)
Lupon Members.

 The Barangay Secretary shall concurrently serve as

the Secretary of the Lupon.
ORGANIZATIONAL AND ADMINISTRATIVE ASPECTS OF
THE KATARUNGANG PAMBARANGAY

 Qualifications:
• Actually residing or working in the barangay;
• Legal Age;
• Not otherwise expressly disqualified by law;
and QUALIFICATIONS
• Possessing integrity, impartiality, AND
independence of mind, sense of fairness, and DISQUALIFICATIONS
reputation for probity.

 Disqualifications:
• Minor or below 18 years of age;
• Convicted of Crimes involving Moral Turpitude;
• Removed and Disqualified to hold any Public
Office;
• Incompetent, Insane or Feeble-minded;
• Elected Government Officials;
• Active Member of the AFP; and
• Judges/Justices
ORGANIZATIONAL AND ADMINISTRATIVE ASPECTS OF
THE KATARUNGANG PAMBARANGAY

ORGANIZATION
 Within the first fifteen (15) days from the start of
AND
his/her term of office, the Punong Barangay shall
issue a notice to constitute the lupon, which shall OATH OF OFFICE
include the names of proposed members who have
expressed their willingness to serve.

 The notice shall be posted in three (3) conspicuous

places in the barangay continuously for a period of
not less than three (3) weeks.

KP Forms to be used:
1. KP Form 1 – Notice to Constitute the
Lupon
ORGANIZATIONAL AND ADMINISTRATIVE ASPECTS OF
THE KATARUNGANG PAMBARANGAY

ORGANIZATION
 The Punong Barangay, within ten (10) days after the AND
expiration of the posting period, appoint as OATH OF OFFICE
members those whom he/she determines to be
suitable therefor. Appointments shall be in writing,
signed by the punong barangay, and attested to by
the barangay secretary.

 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.

 Each Lupon Member shall take an oath of office

before the Punong Barangay. KP Forms to be used:
1. KP Form 2 – Appointment
2. KP Form 3 – Notice of Appointment
3. KP Form 4 – List of Appointed Lupon
Members
4. KP Form 5 – Oath of Office
ORGANIZATIONAL AND ADMINISTRATIVE ASPECTS OF
THE KATARUNGANG PAMBARANGAY

 The appointed Lupon Members shall hold office for

a period of three (3) years unless sooner
terminated by reasons of:
• Resignation;
• Transfer of Residence or Workplace; and
TERM OF OFFICE
• Withdrawal by the Punong Barangay. AND
VACANCIES
 Withdrawal by the Punong Barangay can only be
done for valid reasons and requires the
concurrence of the majority of the Lupon
Members.

 Should a 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. KP Form to be used:
1. KP Form 6 – Withdrawal of
Appointment
ORGANIZATIONAL AND ADMINISTRATIVE ASPECTS OF
THE KATARUNGANG PAMBARANGAY

 The Punong Barangay, as Lupon Chair, shall

facilitate the mediation proceedings for fifteen (15)
days, or administer arbitration proceedings, as DUTIES AND
agreed, before the lapse of the 15 days. FUNCTIONS

 The Lupon Members chosen as Pangkat

Tagapamayapa shall facilitate conciliation
proceedings for fifteen (15) days (up to 30 days for
meritorious cases), or administer arbitration
proceedings, as agreed, before the lapse of the 15
or 30 days.
ORGANIZATIONAL AND ADMINISTRATIVE ASPECTS OF
THE KATARUNGANG PAMBARANGAY

 Meet once a month to provide forum for exchange

of ideas among its members and the public on
matters relevant to the amicable settlement of DUTIES AND
disputes, and to enable lupon members to share FUNCTIONS
with one another their observations and
experiences in effecting speedy resolution of
disputes.

 Exercise such other powers and perform such other

duties and functions as may be prescribed by law or
ordinance.
ORGANIZATIONAL AND ADMINISTRATIVE ASPECTS OF
THE KATARUNGANG PAMBARANGAY

CHARACTER OF
 The Lupon Members, while in the performance of OFFICE AND
their official duties or on the occasion thereof, shall SERVICE OF LUPON
be deemed as persons in authority, as defined in
MEMBERS
the Revised Penal Code.

 While in the performance of their duties, the Lupon

Members, whether in public or private
employment, shall be deemed to be on official
time, and shall not suffer from any diminution in
compensation or allowance from said employment
by reason thereof.
ORGANIZATIONAL AND ADMINISTRATIVE ASPECTS OF
THE KATARUNGANG PAMBARANGAY

CHARACTER OF
OFFICE AND
SERVICE OF LUPON
 The Lupon Members shall serve without
MEMBERS
compensation. However, if budget allows,
honoraria may be provided to Lupon Members.
Economic and other Incentives shall be provided by
the DILG to Lupong Tagapamayapa who adequately
demonstrate the ability to judiciously and
expeditiously resolve cases referred to them.
ORGANIZATIONAL AND ADMINISTRATIVE ASPECTS OF
THE KATARUNGANG PAMBARANGAY

 The Barangay shall establish a space within the barangay

hall either exclusive for Katarungang Pambarangay
concerns or shared with other barangay matters.
OTHER
ADMINISTRATIVE
 The Barangay shall systematically safekeep records of the REQUIREMENTS
Katarungang Pambarangay both manually and digitally.
For this purpose, the barangay shall maintain the
following records of the Katarungang Pambarangay:
• Logbook for docketing complaints under the KP;
• Records for each case containing Notices of
Hearings, Summons, Subpoena, Amicable
Settlement or Arbitration Award, etc.;
• Records of Lupon Meetings containing Notices of
Meetings, Attendance Sheets and Minutes of
Meetings; and
• Records of Reports submitted to the Court and to
the DILG.
ORGANIZATIONAL AND ADMINISTRATIVE ASPECTS OF
THE KATARUNGANG PAMBARANGAY

 The Barangay shall allocate funds for the OTHER

maintenance of the Katarungang Pambarangay to ADMINISTRATIVE
include, but not limited to the following: REQUIREMENTS
• Purchase of Office Supplies, Equipment,
Furnitures and Fixtures;
• Conduct of Regular Monthly Meetings; and
• Conduct of Information Education Campaign
on Katarungang Pambarangay; and
• Continuing Capacity Development of the
Lupong Tagapamayapa.
JURISDICTIONAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

JURISDICTION
- is an authority to hear and settle disputes and it is
given by law and cannot be agreed by the parties.

DISPUTING PARTIES SUBJECT MATTER

 JURISDICTIONAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 Both parties are actual residents of the same

city/municipality.

- Actual Residence means having physical presence in a

place and actual stay thereat.
DISPUTING PARTIES
Exemption: When the parties reside in adjoining
barangays of different cities/municipalities agreed to
submit their differences to amicable settlement by an
appropriate lupon.

 Both parties are natural persons or human beings.

- Juridical Persons or those which personality are

created by operation of law such as partnerships,
companies, cooperatives, corporations, among others
are not natural persons.
 JURISDICTIONAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 The Lupong Tagapamayapa shall have authority to all

disputes, civil or criminal, except (Section 408):
• Where one party is the government, or any
SUBJECT MATTER
subdivision or instrumentality thereof;
• Where one party is a public officer or employee,
and the dispute relates to the performance of his
official functions;
• Offenses punishable by imprisonment exceeding
one (1) year or a fine exceeding Five thousand
pesos (P5,000.00);
• Offenses where there is no private offended party;
 JURISDICTIONAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 The Lupong Tagapamayapa shall have authority to all

disputes, civil or criminal, except (Section 408):
• 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 an appropriate lupon;
• Disputes involving parties who actually reside in SUBJECT MATTER
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; and
• Such other classes of disputes which the President
may determine in the interest of Justice or upon the
recommendation of the Secretary of Justice.

Note: The court in which non-criminal cases not falling within

the authority of the lupon under this Code are filed may, at
any time before trial motu propio refer the case to the lupon
concerned for amicable settlement.
 JURISDICTIONAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 Additional Exemptions (Section 412):

• Where the accused is under detention;
• Where a person has otherwise been deprived of
personal liberty calling for habeas corpus
proceedings;
• Where actions are coupled with provisional
remedies such as preliminary injunction, SUBJECT MATTER
attachment, delivery of personal property and
support pendente lite; and
• Where the action may otherwise be barred by the
statute of limitations.

 Additional Exemptions (Civil Code of the Philippines):

• Civil Status;
• Validity of Marriage or Legal Separation;
• Ground for Legal Separation;
• Future Support;
• Jurisdiction of Courts; and
• Future Legitime.
 JURISDICTIONAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 Other Exemptions:
• Action for Annulment of Compromise Judgement;
• Violations under RA 9262 or the Anti-VAWC Act of
2004; SUBJECT MATTER
• Labor Disputes;
• Mining Disputes;
• Violations under RA 10627 or the Anti-Bullying Act
of 2013;
• Cases under RA 6657 or the CAR Law of 1988;
• Violations under RA 7610 or the Special Protection
for Children against Abuse, Exploitation and
Discrimination Act of 1992;
• Violations under RA 10175 or the Cyber Crime
Prevention Act;
 JURISDICTIONAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 Offenses under the Revised Penal Code within the Authority

of the Lupong Tagapamayapa:
• Slight Physical Injuries/Maltreatment (Art. 266)
• Less Serious Physical Injuries (Art. 265)
• Trespass to dwelling (Art. 280)
• Other forms of Trespass (Art. 281)
• Grave Threats (Art. 282) SUBJECT MATTER
• Light Threats (Art. 283)
• Other Light threats (Art. 282 & 285)
• Grave Coercion (Art. 286)
• Light Coercion (Art. 287)
• Other Similar Coercion (Art. 288)
• Formation, Maintenance and Prohibition on
Combination of Capital or Labor through violence or
threats (Art. 289)
• Swindling (Estafa) if fraud does not exceed ₱200.00
(Art. 315)
• Other forms of swindling (Art. 316)
• Swindling a Minor (Art. 317)
• Other Deceits (Art. 318)
 JURISDICTIONAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 Offenses under the Revised Penal Code within the Authority

of the Lupong Tagapamayapa:
• Malicious Mischief if value of damage does not exceed
₱1,000 (Art. 327)
• Other Mischief (Art. 329)
• Simple Seduction (Art. 338)
• Acts of Lasciviousness with the consent of the offended SUBJECT MATTER
party (Art. 339)
• Slander (Art. 359)
• Slander by Deed (Art. 359)
• Imprudence and Negligence resulting to less grave
felony (Art. 365)
• Theft if value does not exceed ₱50.00 (Art. 309)
• Physical Injuries inflicted in Tumultuous affray (less
serious in nature) (Art. 252)
• Unlawful Arrest (Art. 269)
• Abandonment of person in danger and abandonment of
one’s own victim (Art. 275)
• Discovering secrets through seizure of correspondence
(Art. 290)
 JURISDICTIONAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 1st and 2nd offenses of the following acts of sexual

harassment under Section 11(a) of RA 11313 or the Safe
Spaces Act within the Authority of the Lupong
Tagapamayapa:
• Cursing
• Wolf-Whistling SUBJECT MATTER
• Catcalling
• Leering and Intrusive Gazing
• Taunting
• Pursing
• Unwanted Invitations
• Misogynistic, Transphobic, Homophobic and Sexist
Slurs
• Persistent unwanted comments on one’s appearance
• Relentless requests for one’s personal details such as
name, contact and social media details or destination
• Persistent telling of sexual jokes
 JURISDICTIONAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 1st and 2nd offenses of the following acts of sexual

harassment under Section 11(a) of RA 11313 or the Safe
Spaces Act within the Authority of the Lupong
Tagapamayapa: SUBJECT MATTER
• use of words, gestures or actions that ridicule on
the basis of sex, gender or sexual orientation,
identity and/or expression including sexist,
homophobic, and transphobic statements and slurs
• use of sexual names, comments and demands
• any statement that has made an invasion on a
person’s personal space or threatens the person's
sense of personal safety.
 JURISDICTIONAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 In barangays where majority of the inhabitants are

members of indigenous cultural communities, local
systems of settling disputes through their councils of
datus or elders shall be recognized without prejudice to SUBJECT MATTER
the applicable provisions of this Code.

 In case of doubt whether a case is within the authority of

the Lupong Tagapamayapa, the Lupon concerned shall
request guidance from the Provincial/City/Municipal
Legal Officer, if any, or may coordinate to the Municipal
Trial Court, Local PNP, MSWDO, DILG, DENR, DAR and
other appropriate authorities.
 JURISDICTIONAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 Venue is the barangay, or the Lupong Tagapamayapa

VENUE
where a complaint is to be filed and amicably settled.
• Disputes between persons actually residing in the
same barangay shall be brought for amicable
settlement before the lupon of said barangay.
• 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 complaint.
 JURISDICTIONAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 Venue is the barangay, or the Lupong Tagapamayapa

where a complaint is to be filed and amicably settled.
• All disputes involving real property or any interest VENUE
therein shall be brought in the barangay where the
real property or the larger portion thereof is
situated.
• 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.

Note: Objections to venue shall be raised in the mediation

proceedings before the punong barangay; otherwise, the
same shall be deemed waived.
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 Only a person of interest may file a complain before the COMMENCEMENT

Lupong Tagapamayapa. OF
KP PROCEEDINGS
 A person of interest is any individual who has a cause of
action against another individual involving any matter
within the authority of the Lupon.

 A cause of action is any act or omission by which a party

violates a right of another.
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 The commencement of proceedings for amicable COMMENCEMENT

settlement shall start upon filing of complaint before the
OF
punong barangay and payment of appropriate filing fee,
if any.
KP PROCEEDINGS

 The complaint may be filed verbally or in writing.

 The filing fee, if any, should be any amount not less than
five (5) pesos but not more than twenty (20) pesos.

KP Form to be used:
1. KP Form 7 – Complaint Form
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 The Mediation Proceedings shall be facilitated by the

Punong Barangay.
MEDIATION
 Within the next working day upon receipt of the PROCEEDINGS
complaint, the Punong Barangay shall issue summons to
the respondent/s, notices of hearing to the
complainant/s and subpoena to witness/es, if any.

 The Mediation Proceedings shall have a duration of

fifteen (15) days from the date of the first meeting.

 The Mediation Proceedings shall not be limited to three

(3) hearings/meetings only. The Lupon Chairperson may
call for daily hearing/meeting to ensure amicable KP Forms to be used:
settlement of the disputing parties. 1. KP Form 8 – Notice of Hearing
(Mediation Proceedings)
2. KP Form 9 – Summon
3. KP Form 13 – Subpoena
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 The following are the possible results of the Mediation

Proceedings:
MEDIATION
• If the disputing parties come to an agreement, an PROCEEDINGS
amicable settlement shall be prepared containing
the terms of agreement of both parties signed by
both complainant and respondent and attested by
the Punong Barangay.

• Any party to the dispute may, within ten (10) days

from the date of the settlement, repudiate the
same by filing with the lupon chairperson a
statement to that effect sworn to before him, where
the consent is vitiated by fraud, violence, or
intimidation.
KP Forms to be used:
1. KP Form 16 – Amicable Settlement
2. KP Form 17 - Repudiation
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 The following are the possible results of the Mediation

Proceedings: MEDIATION
PROCEEDINGS
• If, before the lapse of the 15 day mediation
proceedings, the disputing parties does not come to
an agreement but agree in writing to arbitrate, the
arbitration award shall be made and awarded by
the Punong Barangay within ten (10) days after the
lapse of the five (5) day repudiation period.

• Otherwise, the complaint will be endorsed for

Conciliation Proceedings after the lapse of the 15
day mediation proceedings.
KP Forms to be used:
1. KP Form 14 – Agreement for
Arbitration
2. KP Form 15 – Arbitration Award
3. KP Form 17 - Repudiation
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

CERTIFICATION
YES
10 DAYS TO FILE ACTION
AMICABLE
REPUDIATED
SETTLEMENT

NO EXECUTION

NO ARBITRATION

FILING OF
15 DAYS 5 DAYS AWARD

COMPLAINT MEDIATION AGREEMENT TO REPUDIATED

AND PAYMENT PROCEEDINGS ARBITRATE
OF FILING FEE CERTIFICATION
YES TO FILE ACTION

CONCILIATION
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 If the disputing parties does not come to an agreement

for amicable settlement, the complaint shall be endorsed
by the Punong Barangay for Conciliation Proceedings. CONCILIATION
PROCEEDINGS
 A Pangkat ng Tagapagkasundo consisting of three (3)
members chosen from the list of Lupon Members shall
be created to facilitate the Conciliation Proceedings.

 To create the Pangkat, a meeting shall be called by the

Punong Barangay with the disputing parties to agree on
the Lupon Members who shall constitute the Pangkat.
Should the parties fail to agree on the Pangkat
membership, the same shall be determined by lots
drawn by the Punong Barangay.

KP Forms to be used:
1. KP Form 10 – Notice for Constitution
of Pangkat
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 Once constituted, the Punong Barangay shall inform the CONCILIATION

chosen lupon members to facilitate the amicable PROCEEDINGS
settlement of the complaint as Pangkat ng
Tagapagkasundo.

 The Conciliation Proceedings shall likewise have a

duration of fifteen (15) days extendible for another
fifteen (15) days at the discretion of the Pangkat for
meritorious cases.

KP Forms to be used:
1. KP Form 11 – Notice to Chosen
Pangkat Members
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 Upon constitution of the Pangkat ng Tagapagkasundo,

CONCILIATION
the Pangkat shall immediately convene to elect the
Pangkat Chairperson, Pangkat Secretary and the Pangkat PROCEEDINGS
Member.

 The Pangkat shall issue summons to the respondent/s,

notices of hearing to the complainant/s and subpoena to
witness/es, if any.

 The Conciliation Proceedings shall likewise not be

limited to three (3) hearings/meetings only. The Pangkat
may call for daily hearing/meeting to ensure amicable
settlement of the disputing parties.
KP Forms to be used:
1. KP Form 9 – Summon
2. KP Form 12 – Notice of Hearing
(Conciliation Proceedings)
3. KP Form 13 – Subpoena
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 The following are the possible results of the Mediation

Proceedings:
CONCILIATION
• If the disputing parties come to an agreement, an PROCEEDINGS
amicable settlement shall be prepared containing
the terms of agreement of both parties signed by
both complainant and respondent and attested by
the Pangkat Chairperson.

• Any party to the dispute may, within ten (10) days

from the date of the settlement, repudiate the
same by filing with the lupon chairperson a
statement to that effect sworn to before him, where
the consent is vitiated by fraud, violence, or
intimidation.
KP Forms to be used:
1. KP Form 16 – Amicable Settlement
2. KP Form 17 – Repudiation
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 The following are the possible results of the Mediation

Proceedings: CONCILIATION
PROCEEDINGS
• If, before the lapse of the 15 day conciliation
proceedings, the disputing parties does not come to
an agreement but agree in writing to arbitrate, the
arbitration award shall be made and awarded by
the Pangkat Chairperson within ten (10) days after
the lapse of the five (5) day repudiation period.

• Otherwise, a Certification to File Action shall be

issued to the Complainant/s as a pre-condition to
filing of complaint in court.
KP Forms to be used:
1. KP Form 14 – Agreement for
Arbitration
2. KP Form 15 – Arbitration Award
3. KP Form 17 – Repudiation
4. KP Form 20 – Certification to File
Action
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

CERTIFICATION
YES
10 DAYS TO FILE ACTION
AMICABLE
REPUDIATED
SETTLEMENT

NO EXECUTION

NO ARBITRATION
15-30 DAYS 5 DAYS AWARD
CONSTITUTION CONCILIATION AGREEMENT TO REPUDIATED
OF PANGKAT PROCEEDINGS ARBITRATE
CERTIFICATION
YES TO FILE ACTION

CERTIFICATION
TO FILE ACTION
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 In case of non-appearance by any of the disputing

EFFECT OF
parties, the following rules shall be observed: NON-APPEARANCE

• If both/either the complainant and/or respondent

did not appear during the hearing/meeting, a next
meeting shall be scheduled to allow the
complainant or respondent to explain his/her
reasons of non-appearance during the mediation or
conciliation proceedings.

KP Forms to be used:
1. KP Form 18 – Notice of Hearing for
Complainant (Failure to Appear)
2. KP Form 19 – Notice of Hearing for
Respondent (Failure to Appear)
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

EFFECT OF
 In case of non-appearance by any of the disputing
NON-APPEARANCE
parties, the following rules shall be observed:

• If there is consistent non-appearance of the

complainant until the lapse of the mediation or
conciliation proceedings or the reasons of his/her
non-appearance are not valid, the case shall be
dismissed and a Certification to Bar Action shall be
issued and Indirect Contempt of Court shall be
applied before the proper court.

KP Forms to be used:
1. KP Form 23 – Certification to Bar
Action
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 In case of non-appearance by any of the disputing EFFECT OF

parties, the following rules shall be observed: NON-APPEARANCE
• If there is consistent non-appearance of the
respondent until the lapse of the mediation or
conciliation proceedings of the reasons of his/her
non-appearance are not valid, the case shall be
dismissed and a Certification to Bar Counterclaim
shall be issued and Indirect Contempt of Court shall
be applied before the proper court.

KP Forms to be used:
1. KP Form 20 – Certification to File
Action
2. KP Form 24 – Certification to Bar
Counterclaim
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 Common Rules to be observed during Mediation or

Conciliation Proceedings:

• Proceedings shall be informal but orderly but without COMMON RULES

regard to technical rules of evidence.

• Proceedings shall be open to the general public except

upon request of a party, the Punong Barangay or
Pangkat ng Tagapagkasundo shall exclude the public for
the interest of privacy, decency and public morals.

• Parties should appear in person, without the

assistance of counsel or a lawyer or the intervention of
anyone.
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 Common Rules to be observed during Mediation or

Conciliation Proceedings:

• Minor and incompetents may be assisted by their next

of kin who is NOT a lawyer. COMMON RULES

• Representative or Attorney-in-fact (even armed with

an SPA) shall not be allowed during Mediation or
Conciliation Proceedings. Appearance through a
representative is tantamount to non-appearance of a
party.

• The proceedings shall be recorded by the

Lupon/Pangkat Secretary as the case may be.

• The PB or PC administers oaths in connection with any

matter relating to all KP proceedings.
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

SETTLEMENT
AGREEMENT OR
 The amicable settlement and arbitration award shall ARBITRATION
have the force and effect of a final judgment of a court AWARD
upon the expiration of the repudiation period (10 days if
amicably settled or 5 days if agreement to arbitrate)
from the date thereof, unless repudiation of the
settlement has been made or a petition to nullify the
award has been filed before the proper city or municipal
court.
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 Common Rules to be observed in preparing the amicable settlement:

• Should be in writing;

• In a language or dialect known to both parties; COMMON RULES

• Not to be drafted by a lawyer;

• Not to be brought homes by the parties for their signatures;

• Not have it notarized by a notary public/lawyer; and

• Should be drafted at the barangay hall and nowhere else.

 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 The amicable settlement and arbitration award shall

SETTLEMENT
have the force and effect of res judicata or a final
judgment of a court upon the expiration of the AGREEMENT OR
repudiation period from the date thereof, unless ARBITRATION
repudiation of the settlement has been made or a AWARD
petition to nullify the award has been filed before the
proper city or municipal court.

 It transcends being a mere contract binding only upon

the parties thereto, and is akin to a judgment that is
subject to execution in accordance with the Rules.
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 Any party to the dispute may, within ten (10) days from
the date of the settlement in case of amicable
settlement, or within five (5) days from the date of
agreement in case of agreement to arbitrate, repudiate
the same by filing with the Lupon Chairman a statement REPUDIATION
to that effect sworn to before him, where the consent is
vitiated by fraud, violence, or intimidation. Such
repudiation shall be sufficient basis for the issuance of
the certification for filing a complaint as herein-above
provided.

 After the lapse of the 10-day or 5-day repudiation

period, as the case may be, any party may file a petition
to nullify the amicable settlement or agreement to
arbitrate before a proper city or municipal court.
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 Execution is the process of carrying into effect the

amicable settlement reached by the disputing parties in
a KP case or the arbitration award rendered by the EXECUTION
PB/LC or the PT, which has become final after the lapse
of the prescribed period of time.

 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.
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 If within the period of six (6) months, both parties

comply on the agreements laid down in the amicable
settlement or arbitration award, the Lupon, through the EXECUTION
Barangay Secretary, shall secure a proof of compliance
authenticated by both parties and prepare a report of
compliance.

 In case of non-compliance by any of the parties, the

unsatisfied party may file a motion of execution before
the Lupong Tagapamayapa. The Punong Barangay shall
call for a meeting to hear the cause/s of non-compliance
and issue a notice of execution to any or both of the
parties.
KP Forms to be used:
1. KP Form 25 – Motion for Execution
2. KP Form 26 – Notice of Hearing
(Motion of Execution)
3. KP Form 27 – Notice of Execution
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 In case of collection of sum of money, the Lupon may

cause the seizure of personal property/ies of the non- EXECUTION
complying party which will be subjected for public
auction, proceeds of which shall be used as payment for
the owed sum of money. In case of non-delivery of
personal property/ies by the concerned party, the Lupon
shall apply for indirect contempt of court and file
enforcement by action in the appropriate city or
municipal court.
 PROCEDURAL ASPECTS OF THE KATARUNGANG
PAMBARANGAY

 In case of performance of certain action/s, the Punong

Barangay shall direct the Barangay Secretary to perform
the action/s in lieu of the non-complying party.
EXECUTION
 In case of delivery of commodity/ies or production of
certain document/s, the Lupon shall direct the
concerned party to cause the delivery of such
commodity/ies or produce the needed documents. In
case of non-compliance by the concerned party, the
Lupon shall apply for indirect contempt of court and file
enforcement by action in the appropriate city or
municipal court.
Republic of the Philippines
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
Province of Cagayan
Republic of the Philippines
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
Province of Cagayan
 EXERCISES

Scenario 1

Isko, a resident of Barangay Centro,

Municipality of San Jose and Isay, a
resident of Barangay Minanga of the same
municipality, are co-workers in Company A
which is located in Barangay Poblacion of
the said municipality. One day at the
company, Isko and Isay had a heated
argument and Isko called Isay a whore.
Feeling humiliated, Isay decided to bring
the incident before a Lupong
Tagapamayapa and file a complaint against
Isko for calling her a whore.
QUESTION?
• Is the complaint within
the authority of Lupong
Tagapamayapa?
• If within, where is the
proper venue to file the
complaint?
 EXERCISES

Scenario 2

Jack and Jill are siblings and both are heirs

to a five (5)-hectare farmland located at
Barangay Gitna, Sinsinan City. The said QUESTION?
inheritance was not properly subdivided by
their parents before passing away. Jack, • Is the complaint within
who is residing in Barangay Suli, the authority of Lupong
Municipality of Angat, decided to sell the Tagapamayapa?
three (3)-hectare portion of the farmland
without informing his sister. Upon knowing, • If within, where is the
Jill, who is residing in Barangay Bungad, proper venue to file the
Municipality of Bagsak, decided to file a complaint?
complaint against his brother Jack for the
unequal division of their inheritance and
for not securing her approval in selling the
three (3)-hectare portion.
 EXERCISES

Scenario 3

Ana is a resident of Barangay Gasat, the

boundary barangay of the Municipality of
Yaman to the nearby town of Pugrot. One QUESTION?
day, Ana went to the town center of Yaman
for some groceries riding a TODA driven by • Is the complaint within
Robin who is a resident of Barangay Malas, the authority of Lupong
the boundary barangay of Pugrot to the Tagapamayapa?
Municipality of Gasat. During the entire
travel to the town center, Robin • If within, where is the
persistently asked for the phone number of proper venue to file the
Ana saying that she is quite beautiful and complaint?
sexy. Feeling harassed, Ana decided to file
a complaint against Robin before the
Lupong Tagapamayapa the following day.
 EXERCISES

Scenario 4

Goryo is a resident of Barangay Tala,

Municipality of Langit and is a consistent
borrower of money in the Rural Bank. QUESTION?
However, due to financial constraints
caused by the series of emergencies in his • Is the complaint within
family, Goryo was not able to pay his the authority of Lupong
monthly amortization to the Rural Bank for Tagapamayapa?
two (2) consecutive months. Luna, a
resident of the same barangay, is the loan • If within, where is the
collector of Rural Bank assigned in the proper venue to file the
Municipality of Langit. Due to non-receipt complaint?
of payment from Goryo for two (2)
consecutive months, Luna decided to file a
complaint against Goryo before the Lupong
Tagapamayapa.
 EXERCISES

Scenario 5

Barangay Lugmok was devastated by

Typhoon Onyok and one of the affected
households is the family of Marie. Because QUESTION?
of the strong winds brought by the
typhoon, the house of Marie was left • Is the complaint within
without roof. Financially incapacitated, the authority of Lupong
Marie went to Tesse, a sole proprietor in Tagapamayapa?
Barangay Lugmok and owner of the
Marupok Hardware, for a dozen of • If within, where is the
galvanized iron which Marie will use to roof proper venue to file the
her house. Marie promised Tesse to pay complaint?
the galvanized iron on the ensuing month.
However, Marie failed to pay the sum of
money, hence, Tesse decided to file a
complaint against Marie before the Lupon.