Katarungang Pambarangay Law

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. In effect, the
barangays through the respective Barangay Captains and other
barangay leaders are involved in law enforcement tasks and also
in other aspects of the criminal justice system.
Introduction
On August 5, 1974, Presidential Decree 528 was enacted and it

laid the groundwork for the decentralization of the government’s
program for the prevention and control of crime and delinquency
on the community level through the active involvement of the
barangays and their members. Its rationale was the fact that crime
and delinquency, being problems of the community, must be
solved by the community on the local level with adequate
guidance from the proper authorities.
Introduction
In 1978, Presidential Decree 1508, known as the Katarungang

Pambarangay Law, was enacted and it provided a procedure on
amicably settling disputes in the barangay level. It also defined
the duties and responsibilities of barangay officials in dispute
settlement, the rules in determining venue, the subject matter of
settlement, among others.
Introduction
It became a policy of the State in the 1987 Philippine Constitution to ensure the
autonomy of local governments including the barangay. (Sec 25, Art 2 of the
Philippine Constitution) To ensure the compliance of said policy of the State,
the Congress was directed to enact a local government code which shall
provide for a more responsive and accountable local government structure
instituted through a system of decentralization with effective mechanisms of
recall, initiative, and referendum; allocate among the local government units
their powers, responsibilities and resources; and provide for the qualifications,
election, appointment, and removal, term, salary, powers, and functions and
duties of local officials, and all other matters relating to the organization and
operation of local units. (Sec 3, Art 10 of the Philippine Constitution)
Introduction
As a response of the Congress to comply with what was

mandated by the Constitution, it enacted Republic Act 7160 which
was approved on October 10, 1991 and took effect on January 1,
1992. Republic Act 7160 is the Local Government Code of the
Philippines where sections 399 – 422 of it deal with Katarungang
Pambarangay. In other words, some provisions of Presidential
Decrees 299, 528, and 1508 were amended by Sections 399 –
422 of the Local Government Code.
Introduction
The Katarungang Pambarangay exists only in the Philippines and

it features how Filipinos resolve disputes without undergoing the
Criminal Justice System. The said portion of the Local
Government Code also shows how a Barangay Chairman has a
legislative, executive and judiciary powers at the same time. He
has a legislative power by chairing the Barangay Council, he has
an executive power by executing or enforcing the ordinance
passed by the council, and he has a judicial power by chairing the
Lupong Tagapamayapa.
Introduction
The Katarungang Pambarangay which is also known as Barangay

Justice System or Village Justice, would somehow help out the
party litigants from trouble in going in the court of law and at the
same time help the court of law to ease out the delicate task in
attending to minor offenses punishable by imprisonment not
exceeding one year or a fine not exceeding five thousand pesos.
Said offenses must be resolved by the community through its
barangay chairman or lupon with adequate guidance from the
proper authorities, not strictly adhering to technical procedural
processes, but without sacrificing justice. (Class discussion of
Dizon, 2005 & Tradio, 1996)
PD 1508
This refers to an Act Establishing a System of Amicably Settling

Disputes at the Barangay Level.
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.
RA 7160
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.
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 abitration 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: Under the Barangay Justice System, the main strategy
for settling disputes is to provide a venue for the disputing parties
to search for a solution that is mutually acceptable. Hence, the
primary role of the system is not to decide disputes and impose a
solution on the parties but to assist the parties in discussing the
possible amicable settlement of their disputes. The Punong
Barangay and the community conciliators (Lupon members) do
not act as judges or adjudicators of disputes but as facilitators for
the disputing parties’ discussion of possible solutions.
For this reason, the personal appearance and participation of the

disputing parties is necessary, while the non-appearance of the
parties will have corresponding sanctions. Also because of the
need for the disputing parties’ personal participation in the
conciliation proceedings, disputes involving non-natural persons
like corporations are not subject to the conciliation proceedings of
the Barangay Justice System.
Barangay
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 Officers
• There shall be in each barangay a Punong Barangay, seven (7)

Sangguniang Barangay Members, a Sangguniang Kabataan
Chairman, a Barangay Secretary, and a Barangay Treasurer.
• There shall also be in every barangay a Lupong
Tagapamayapa. The Sangguniang Barangay may form
community brigades and create such other positions and
offices as may be deemed necessary to carry out the purposes
of the barangay government in accordance with the needs of
public service subject to the budgetary limitations and to other
provisions of laws. (Art 387 of the Local Government Code)
• 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)
• Take Note: For purposes of this discussion, the terms Barangay

Chairman, Barangay Captain, Lupon Chairman, and Punong
Barangay refer to the same person.
Manner of Electing or Appointing Officials
of Barangay
1. 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; and Under the Philippine Constitution, the
term of office of elective local officials, except barangay
officials, which shall be determined by law, shall be three
years and no such official shall serve for more than three
consecutive terms. (Sec 8, Art X of the Philippine Constitution)
Manner of Electing or Appointing Officials
of Barangay
2. The term of office of barangay chairmen and Sangguniang

Barangay Members shall be five (5) years. (Par c, Sec 1 of RA
8524) 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)
Barangay Secretary of the Lupon
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
Barangay Secretary of the Lupon
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)
Take Note: The word “concurrently” means at the same time.
(Aquino, 2005)
Lupong Tagapamayapa
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.
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.
Six (6) Steps to Constitute a 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
Constitution of 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.
A minimum of ten (10) and maximum of twenty (20)members.
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)
• After identifying the 10-20 members of the Lupon, 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
proposed appointment of any person/s included in the list. The
recommendation shall be made within the period of posting for
three weeks.
• 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 theLocal Government
Code)
The Term of Office of Lupon 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
with concurrence 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 qualifiedperson
who shall hold office only for the unexpired portion of the term of
the predecessor. (Sec 401 of the Local Government Code)
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.
Functions of the Lupong Tagapamayapa
The functions of the Lupong Tagapamayapa are the following:

a. Exercises administrative supervision over the concillation panels provided
under the law;
b. 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
c. 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)
Pangkat ng Tagapagkasundo
• 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)
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)
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. Where one party is a public officer or employee and the dispute
relates to the performance of his official functions;
government offices?
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;
government offices?
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);
government offices?
g. Offenses where there is no private offended party
 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.
government offices?
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 &
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 or 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
Intidimidation) (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)
p. Qualified Tresspass to Dwelling (Without the Use of Violence and
Intidimidation) (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);
ab. Occupation of Real Property or Usurpation Of Real Rights In Property (Art
312); cc.
ac. Altering Boundaries or Landmarks (Art. 313);
ad. Swindling or Estafa (If the Amount Does Not Exceed P200.00). (Art. 315);
ee. Other Forms of Swindling (Art. 316);
ad. Special Cases of Malicious Mischief (If the Value of the damage property
dies not exceed Php 1,000.00). (Art 328)
ae. Other Mischiefs (If the Value of The Damaged Property Does Not Exceed
P1,000.00). (Art. 329);
af. Simple Seduction (Art. 338);
ag. Acts of Lasciviousness with The Consent of The Offended Party (Art 339);
ah. 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);
ai. Intriguing Against Honor (Art. 364)

aj. Issuing Checks Without Sufficient Funds (Bp 22); And
ak. Fencing of Stolen Properties If the Property Involved Is Not
More Than P50.00 (Pd 1612).
Rules to be considered in Determining the
Venue in Settling Disputes
 The 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 Complainant;
 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
Rules to be considered in Determining the
Venue in Settling Disputes
 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
Procedure to be followed for settlement of
disputes at the barangay level
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;
Procedure to be followed for settlement of
disputes at the barangay level
e. 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;
f. 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
Certification to File Action
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:
1. Confrontation between the parties took place but no
conciliation and/or settlement has been reached; or
2. No confrontation took place before the Pangkat through no
fault of the complainant.
Certification to File Action
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)
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
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)
Arbitration
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)
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)
In Katarungang Pambarangay proceedings,
may the parties appear with the assistance of
their counsel?
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)
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;
Functions of the Sangguniang Barangay:
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
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.
TERMS
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
thefiling 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
TERMS
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.
TERMS
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.
TERMS
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.
TERMS
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).
TERMS
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.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.
CONCEPT AND PRINCIPLES OF
RESTORATIVE JUSTICE
Restorative justice refers to a principle which requires a process

of resolving conflicts with the maximum involvement of the victim,
the offender and the community. It seeks to obtain reparation for
the victim; reconciliation of the offender, the offended and the
community; and reassurance to the offender that he/she can be
reintegrated into society. It also enhances public safety by
activating the offender, the victim and the community in prevention
strategies.
CONCEPT AND PRINCIPLES OF
RESTORATIVE JUSTICE
It embraces a wide range of human emotions – healing,

mediation, compassion, forgiveness, mercy, and reconciliation.
(Par q, Sec 4 of RA 9344)
JUSTIFICATION OF INTRODUCING
RESTORATIVE JUSTICE:
The current Philippine criminal justice system, after considering

the duties and functions of its different pillars, reveals its defects
and they are the following:
a. The victims of a crime may not pursue a criminal case against
the perpetrator because of lack of support from the
government especially the person arrested for the commission
of a crime or the accused persons have numerous rights
compared to the victims of a crime;
b. The suspects who are actually fall guys may be convicted

because they have no money to spend especially in hiring
experienced and skilled lawyers to defend them;
c. The criminal cases may be dismissed because of insufficiency
of evidence or technicality even if the accused confessed that
he was the one who committed the crime;
d. The accused may be convicted of a charge and a penalty is
imposed by the court but the victim or the society as a whole is
not yet contented of the suffering that the accused may
undergo;
e. The trial of a case may take a very period of time

notwithstanding the presence of the Speedy Trial Act;
f. Even if a perpetrator is imprisoned or has undergone a
community – based treatment, he may not be reformed or
rehabilitated; and
• In fact, correction is known as the weakest pillar of the Criminal

Justice System because of its failure to reform and rehabilitate
offenders. g.The persons who were imprisoned by reason of
the crime they committed may not be effectively reintegrated in
the community.
• This is because they may always be called ex – convicts and
most employers do not hire persons with a criminal record.
• As a result of these defects, the victims of a crime may again

be victimized by the system to suffer financially and emotionally
especially if the perpetrator is not directed by the court to pay
anything to them. Because of this, the restorative justice was
introduced. It is the purpose of restorative justice to settle the
issue between the offender and the offended party with their
active participation. The members of the community must also
give their active participation for the offended and the offender
to be as much as possible satisfied with the penalty imposed.
• It may be true that the restorative justice may be abused by the

offender by just paying the offended party with a certain amount
of money but consider the fact that human beings cannot really
establish a perfect criminal justice system. It is still believed that
the restorative justice will lessen the numerous problems
encountered in our present criminal justice system.
• In fact, it may be concluded that the abolition of Republic Act

7659 or the Death Penalty Law has deepened our
understanding of the character and dynamics of the Philippine
criminal justice system, particularly its punitive and retributive
orientation. (Tradio, 1996; Pangda, 2007 &
www.restorativejustice.org/university.../philippines)
• After the abolition of the Death penalty law, Republic Act 9285
was enacted to further strengthen the restorative justice. Said
law is an act to institutionalize the use of an alternative dispute
resolution system in the Philippines and to establish the office
for alternative dispute resolution, and for other purposes. (Title
of RA 9285)
Take Note: Alternative Dispute Resolution System means any

process or procedure used to resolve a dispute or controversy,
other than by adjudication of a presiding judge of a court or an
officer of a government agency, in which a neutral third party
participates to assist in the resolution of issues, which includes
arbitration, mediation, conciliation, early neutral evaluation, mini –
trial, or any combination thereof. (Par 1, Sec 3 of RA 9285)
Aside form the Alternative Dispute Resolution System, the court

may also conduct Judicial Dispute Resolution.
The following is the process to be observed in conducting

Judicial Dispute Resolution before the court:
a. Before trial, the judge may refer the case to the Mediation
Center for conciliation, mediation, or arbitration;
b. If there is no settlement in the Mediation Center, the judge will

conduct a judicial dispute resolution; and
c. If the Judicial Dispute Resolution again fails, the judge will
conduct trial to determine the guilt of the accused and impose
the proper penalty in case of conviction.
What are the distinctions between retributive
justice and restorative justice?
The following are the distinctions between retributive justice and

restorative justice:
a. Retributive justice is an approach focused on determining the
following:
• What law was broken;
• Who broke it; and
• How shall offenders be punished?
Restorative justice, on the other hand, is an approach focused on

determining the following:
• What is the harm resulted from the crime;
• What needs to be done to repair the harm; and
• Who is responsible for repairing the harm?
b. Retributive justice considers a crimes as an act against the

State, while community considers a crime as an against the
victim
c. In retributive justice, the control of crimes lies to the criminal
justice system, while in restorative justice, the control of crimes
lies to the community;
d. In retributive justice, the community is represented by the
State, while in restorative justice, the community is the
facilitator in the restorative process;
e. Retributive justice focuses on the past by determining the

person to be blamed for the crime committed, while determine
the matters to be considered so that the crime will not be
repeated;
f. Retributive justice focuses on the offender’s past behavior,
while restorative justice focuses on the consequences of
offender’s behavior;
g. Retributive justice emphasizes the adversarial relationship,
while restorative justice emphasizes dialogue and
negotiations;
h. Retributive justice emphasizes the adversal relationship, while

restorative justice emphasized dialogue and negotiations;
i. Retributive justice considers crime as an individual act with
individual responsibility, while responsibility; and considers
crime as both individual and social responsibility.
j. Retributive Justice is based on the principle of lex talliones,
while is based on forgiveness and reconciliation.
The fundamental principles of Restorative
Justice:
a. Justice requires that all must work to restore those who have
been injured like the victims, the community, and even the
offenders;
b. Those most directly involved and affected by crime should
have the opportunity to participate fully in the response if they
wish; and
c. The government is responsible for preserving a just public
order and the community establishes peace.
The provisions of the Holy Bible which may be
bases of restorative justice:
a. Jesus specifically rejects “an eye for an eye” and tells that if
anyone hits you on the right cheek, offer him the other one as
well. (Matthew 5:38 – 39)
b. Jesus called on followers to love their neighbors and enemies
too. (Matthew 5:43 – 44)
c. Jesus called for unlimited love and said our forgiveness should
be beyond calculation by forgiving others until seventy times
seven. (Matthew 18:21 – 22) (Other sources: Philippine Bible
Society, 1987; Bloomsbury, 2007; Reyes, 2008; Diamante,
2010; Personal interview with Rev. Gloria Mapangdol, October
2, 2010; Classroom Discussion of Corpuz, 2010)

Katarungang Pambarangay Law

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Katarungang Pambarangay Law

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KATARUNGANG

To give teeth to the Barangay Captains, Presidential Decree 299

On August 5, 1974, Presidential Decree 528 was enacted and it

In 1978, Presidential Decree 1508, known as the Katarungang

As a response of the Congress to comply with what was

The Katarungang Pambarangay exists only in the Philippines and

The Katarungang Pambarangay which is also known as Barangay

This refers to an Act Establishing a System of Amicably Settling

RA 7160 is otherwise known as the 1991 Local Government

In addition, this law expanded the scope and powers of the

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

As a community based mechanism for dispute resolution, it

For this reason, the personal appearance and participation of the

The barangay, as the basic political unit, serves as the primary

• There shall be in each barangay a Punong Barangay, seven (7)

• The Punong Barangay, the seven (7) Sangguniang Barangay

• Take Note: For purposes of this discussion, the terms Barangay

1. The Barangay officials shall be elected or appointed in the

2. The term of office of barangay chairmen and Sangguniang

The Barangay Secretary shall concurrently serve as the secretary

c. He shall issue certified true copies of any public record in his

Lupong Tagapamayapa(Lupon) is a body organized in every

The Punong Barangay can appoint the lupon members. It is

Six (6) Steps to Constitute a Lupon

• STEP 4: Appointment of Lupon Members;

Qualified and Disqualified Members of Lupon

• After identifying the 10-20 members of the Lupon, the Barangay

The Lupon members shall hold office until a new lupon is

The Lupon members shall serve without any compensation. If the

The functions of the Lupong Tagapamayapa are the following:

• Pangkat ng Tagapagkasundo is a conciliation panel constituted

• The Lupon members, while in the performance of their official

• All disputes are subject to barangay conciliation and prior

c. Where the dispute involves real properties located in different

e. Disputes involving parties who actually reside in barangays of

a. Unlawful Use of Means of Publication And Unlawful Utterances (Art. 154);

i. Less or Serious Physical Injuries (Art 265);

x. Discovering Secrets Through Seizure and Correspondence (Art. 290);

ai. Intriguing Against Honor (Art. 364)

 The Disputes Between Persons Actually Residing in The Same

 Those Arising At The Workplace Where The Contending Parties

a. The complainant complains orally or in writing to the Lupon

a. The Lupon Secretary and attested by the Lupon Chairman,

c. The Punong Barangay, as requested by the proper party on

The amicable settlement shall be in writing, in a language or

When the parties to a dispute do not use the same language or

If an amicable settlement is not repudiated by any of the parties

Any party to the dispute may repudiate the settlement by filing

If the amicable settlement is not repudiated within ten (10) days

Arbitration is the process of resolving a dispute or a grievance

The parties may submit their dispute to the Lupon Chairman or

Yes, any party may repudiate the agreement to arbitrate but he

The Lupon Chairman or the Pangkat Chairman shall make the

No. the arbitration award cannot be repudiated. The remedy

An arbitration award may be enforced by execution by the Lupon

No. By the express provision of law, parties must not be assisted

Aside from the stated positions in the Barangay level, there is

The Sangguniang Barangay, as the legislative body of the

c. Enact annual and supplemental budgets in accordance with

1. Adjudication is the power of courts or quasi-judicial agencies to decide

5. Attachment is a provisional remedy in the form of an order issued by a

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

12. Incompetent means a person who is suffering the penalty of civil