Katarungang Pambarangay

What is conciliation?

1. To overcome the distrust or animosity of;
appease.
2. To regain or try to regain (friendship or
goodwill) by pleasant behavior.
3. To make or attempt to make compatible;
reconcile.

What is mediation?

Mediation, a form of alternative dispute resolution
(ADR), aims to assist two (or more) disputants in
reaching an agreement.

What is arbitration?

Arbitration is a legal technique for the
resolution of disputes outside the courts,
wherein the parties to a dispute refer it to one
or more persons (the "arbitrators", "arbiters" or
"arbitral tribunal"), by whose decision (the
"award") they agree to be bound.

What is repudiation?

The refusal to acknowledge a contract or debt.

What is the essence of Katarungan
Barangay?

The essence of the Katarungang Pambarangay Law is the
amicable settlement of disputes wherein the disputing parties are
encouraged to make mutual concessions to obtain a peaceful
resolution of the dispute without formal adjudication thereof. The
important consideration in amicable settlement is the extent to
which the parties are willing to compromise their respective
claims against each other within the limits imposed by law,
morals, good customs, public order and public policy. (DOJ
Opinion No. 185, s. 1981)

What is essence of Katarungan Barangay?

The barangay settlement procedures are intended as a
screening process whereby the barangay captain and the
pangkat ng tagapagkasundo, the conciliation panel constituted
from the lupon membership, determine which cases are truly
irreconcilable and should therefore be resolved judicially (DOJ
Opinion No. Ill, s. 1982)

What is the procedure for amicable
settlement?

settlement?

Mediation by the lupon chairman.

Upon receipt of the complaint, the lupon chairman
shall within, the next working day, summon the
respondent (s) with notice to the complainant (s) for
theme and their witness to appear before him for a
mediation effort within fifteen (15) days from the first
meeting of the parties before him, he shall forthwith
set a date for the constitution of the pangkat in
accordance with the provisions of this chapter.

settlement?

Suspension of prescriptive period of offenses .

While the dispute is under mediation, conciliation, or
arbitration, the prescriptive periods for offenses and cause of
action under existing laws shall be interrupted upon filing of
the complaint with the punong barangay. The prescriptive
periods shall resume upon receipt by the complainant of the
complaint or the certificate of repudiation or of the
certification to file action issued by the lupon or pangkat
secretary: Provided, however, that such interruption shall not
exceed sixty (60) days from the filling of the complaint with
the punong barangay.

settlement?

Issuance of summons; hearing; grounds for
disqualification.

The pangkat shall convene not later than three (3)
days from its constitution, on the day and hour set
by the lupon chairman, to hear both parties and
their witnesses, simplify issues, and explore all
possibilities for amicable settlement. For this
purpose, the pangkat may issue summons for the
personal appearance of parties and witnesses
before it.

settlement?

In the event that a party move to disqualify any
member of the pangkat by reason of relationship,
bias, interest, or any other similar grounds discovered
after the constitution of the pangkat, the matter shall
be resolved by the affirmative vote of the majority of
the pangkat whose decision shall be final. Should
disqualification be decied upon, the resulting vacancy
shall be filled as herein provided for.

settlement?

Period to arrive at a settlement .

The pangkat shall arrive at a settlement or resolution of the
dispute within fifteen (15) days from the day it convenes in
accordance with this Section. This period shall at the
discretion of the pangkat, be extendible for another period
which shall not exceed fifteen (15) days, except in clearly
meritorious cases. (Section 410)

What are the objectives of barangay
conciliation procedure?

The barangay system of dispute
resolution is an institution
established through P.O. 1508
for the purpose of shifting or
segregating cases which can be
peaceably or amicably settled
between the parties and those
which are truly irreconcilable as
to require formal adjudication
before the courts or other
government offices.


The former type of cases are
prevented from reaching the
regular courts of justice or
government offices performing
adjudicatory functions the
dockets of which are thereby
relieved of congestion of pending
cases. (DOl Opinion No. 10, s.
1982)

Speedy Administration
of Justice

An essential objective
of the Katarungang
Pambarangay Law is
the promotion of the
speedy administration
of justice. (DOT Opinion
No. 26, s. 1982)

Alternative to Litigation

The primary purpose of
P.D. 1508, (now, Chapter
7, Title One, Book III,
Local Government Code)
is to provide the
conciliation mechanism
as an alterative to
litigation in dispute
settlement, to members of
the responding barangay
who are actually residing
therein. (Bejer v. Court of
Appeals, 169 SCRA 566,
572, Jan, 27, 1989)

Peaceful and Friendly
Settlement

One of the purposes of the
Katarungang Pambarangay
Law is to relieve trial courts
of cases among neighbours
that hopefully can be settled
through the mediation of
their peers in peaceful and
friendly confrontations.
(Ramos v. Court of Appeals.
174 SCRA 690, 695, June
30, 1989)


By compelling the disputants to settle their
differences through the intervention of the
barangay leader and other respected members
of the barangay, the animosity generated by
protracted court litigations between members of
the same political unit, a disrupted factor
toward unity and cooperation is avoided.
(Morata v. Go, 125 SCRA 444, 449, Oct. 27,
1983)

Perpetuate Tradition and Culture

The term "barangay level" distinguishes the
system instituted by P.O. No. 1508 (now in
LGC) for the purpose of perpetuating and giving
official recognition to our time-honored
tradition of resolving disputes among family
and barangay members from the court system
which performs the same function of resolving
disputes or controversies, but through formal
and technical rules of procedure. (DOJ Opinion
No. 87, S. 1981)

Interest of Public Peace and Order

While it is conceded that the State has the
sovereign right to prosecute criminal offenses
and that the fiscal has the full control in public
prosecution, P.O. No. 1508 (now in LGC) stays
the prosecuting arm of the government in cases
of light offenses and allows the parties to settle
their differences in the larger and greater
interest of public peace and order. (People v.
Caruncho, 127 SCRA 16, 31, Tan. 23, 1984)

How is the lupon different from the
barangay council?

The barangay council is the barangay's law-
making body, created under the Revised Barrio
Charter, R.A. 3590, as amended. The lupong
tagapayapa is the council created under P.O.
1508. The lupon is a conciliation body separate
and distinct from the barangay council or
sanggunian. (DOJ Opinion No. 43, s. 1982)

What are the provisions of the Katarungan
Pambarangay under R.A. 7160?

There is hereby created in each barangay a
lupong tagapamayapa, hereinafter referred to
as the lupon, composed of the Punong
Barangay as Chairman and the Ten (10) to
Twenty (20) members. The lupon shall be
constituted every three (3) years in the manner
provided by law.


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.


A notice to constitute the lupon, which shall
include the names of proposed members who have
expressed their willingness to serve, shall be
prepared by the punong barangay within the first
fifteen (15) days from the start of his term of office.
Such notice shall be posted in three (3)
conspicuous places in the barangay continuously
for a period of not less than three (3) weeks.


The punong barangay, taking into consideration
any opposition to the proposed appointment or any
recommendations for appointments as may have
been made within the period of posting, shall within
ten (10) days thereafter, appoint as members those
whom he determines to be suitable therefore.
Appointments shall be in writing, signed by the
punong barangay, 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; and

In barangays where majority of the inhabitants are
mebers of indengeous cultural communities, local
systems of settling disputes through their councils
of datus or elders shall be recognized without
prejudice to the applicable provisions of this code.

What are the functions of the lupon?

The function of the lupon tagapayapa is
primarily conciliatory not adjudicative. (DOJ

What are the functions of the lupon?
The lupon shall:

a. Exercise administrative supervision over the
conciliation panels provided in the Code.

b. Meet regularly once a month to provide a forum for
matters relevant to the 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.

c. Exercise such other powers and perform such
other duties and functions as may be prescribed
by law or ordinance.

What is the scope of the lupon powers?

The Lupon Tagapamayapa is an administrative
body. It has only such powers and functions as
are conferred on it expressly or by necessary
implication by the law that created it. (DOJ
Opinion No. 100, s. 1979 and No. 29, s. 1984)

Who will be the ex-officio chairman of
the lupon?

The punong barangay (barangay captain) is ex
officio chairman of the lupon of his barangay by
express provision of P.O. 1508. Upon him alone
devolves ipso facto the powers and duties of the
chairman of the lupon, namely: to constitute
the lupon; to mediate and arbitrate disputes; to
constitute the pangkat ng tagapagkasundo; and
to perform miscellaneous duties relative to the
regular monthly meetings of the lupon. (DOJ

Who will take over if the ex-officio
chairman is not available?

The most senior councilman succeeds to substitute
for the punong barangay in case the latter ceases to
hold office or is unable to perform his duties under
the Katarungang Pambarangay Law. If said senior
councilman likewise ceases to hold office or is
unable to perform said duties, the process of
succession successively devolves upon the other
councilmen in the order of their seniority. (DOJ
VUUlLUrIS No. 67, s. 1981 and No. 107, s. 1983)

What is improper substitution?

Without conducting a personal confrontation of the
parties before him for mediation, the punong barangay
instead, referred the case to a lawyer who acted thereon
purportedly as a "pangkat chairman." Under the
circumstances the assumption by the said lawyer of the
position of chairman of the pangkat ng tagapagkasundo
was devoid of legal basis because of the non-compliance
with the statutory requirement of personal confrontation
of the parties before the punong barangay as provided
under Section 4 (b) of P.O. 1508, and with the procedure
prescribed by the law for the selection of pangkat
chairman

What is improper substitution?

Moreover, it does not appear that said lawyer is a
senior member of the barangay council who can
substitute for the punong barangay as lupon
chairman. Only members of the sangguniang
barangay, in the order of their seniority, can
succeed to or substitute for, the punong barangay
as lupon chairman. (DOl Opinion No. 341 s. 1984)

What is the territorial limits of lupon ?

The authority of every lupon constituted for a
particular barangay is co-extensive with the
territorial limits of said barangay. Thus, the
lupon may not exercise its authority outside the
territorial confines of its own barangay. (DOJ
Opinion No. 13, s.1980)

Who shall act as Secretary of the
Lupon?

The Barangay Secretary shall concurrently
serve as the secretary of the Lupon (Section
403)

What are the funtions of the
Secretary?

He shall record the results of mediation
proceedings before the punong barangay and
shall submit a report thereon to the proper city
or municipal courts. He shall also receive and
keep the records of proceedings submitted to
him by the various conciliation panels.

Describe Pangkat ng tagapagkasundo.

There shall be constituted for each dispute brought
before the lupon a conciliation panel to be known
as the pangkat ng tagapagkasundo, hereafter
reffered to as the pangkat, consisting of three (3)
members who shall be chosen by the parties to the
dispute from the list of members of the lupon.
(Section 404, a)

Should the parties fail to agree on the pangkat
membership, the same shall be determined by lots
drawn by the lupon chairman.

Describe Pangkat ng Tagapagkasundo.

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 court.
He shall issue and cause to be serves notices to the
parties concerned. (Section 404, b)

The lupon secretary shall issue certified true copies
of any public record in his custody that is not by
law otherwise declared confidential. (Section 404)

How to fill-up vacancies in the
Pangkat?

Any vacancy in the pangkat shall be chosen by
the parties to the dispute from the among the
other lupon members. Should the parties fail to
agree on a common choice, the vacancy shall be
filled by lot to be drawn by the lupon chairman.

The choice of Pangkat members.

The choice of pangkat members is the parties'
prerogative. The rationale for this procedure is
that the parties would be better disposed to
amicably settle their dispute before a
conciliation panel whose members are freely
chosen by them. (DOl Opinions No. 262, s. 1982
and No. 34, s. 1984)

Characterize the Office and Service of
Lupon Members.

The members, while in the performance of their
official duties or on the occasion thereof, shall
be deemed as persons in authority, as defined
in the Revised Penal Code. (Section 406, a)

Characterize the Office and Service of
Lupon Members.

The lupon or pangkat members shall serve without
compensation, except as provided for in Section
393 and without prejudice to incentives as
provided for a system of granting economic or other
incentives to the lupon or pangkat members who
adequately demonstrate the ability to judiciously
and expeditiously resolves cases referred to them.
While in the performance of their duties, the lupon
or pangkat 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. (Section 406, b)

Who shall render legal advice on matters
involving questions of law?

The provincial, city legal officer or prosecutor or
the municipal legal oficer shall render legal
advice on matters involving questions of law to
the punong barangay or any lupon or pangkat
member whenever necessary in the exercise of
his functions in the administration of the
katarungang pambarangay. (Section 407)

Enumerate the exceptions for amicable
settlement.
The lupon of each barangay shall have
authority to bring together the parties actually
residing in the same city or municipality for
amicable settlement of all disputes except:

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;
c. Offenses punishable by imprisonment exceeding
one (1) year or a fine of Five thousand (P5,
000.00);

settlement.

d. Offense where there is no private offended party;
e. 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;
f. Disputes involving parties who actually reside in
barangay 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;

settlement.

g. Such other classes of disputes which the President
may determine in the interest of justice or upon the
recommendation of the Secretary of Justice.

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, non proproi
refer the case to the lupon concerned for amicable
settlement. (Section 408)

Where will the conciliation will be held?

1. Disputes between persons actually residing in the
same barangay shall be brought for amicable
settlement before the lupon of said barangay.
2. 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.
3. All disputes involving real property or any interest
therein shall be brought in the barangay where are real
property or the larger portion thereof is situated.

Where will the conciliation will be held?

4. 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.

5. Objections to venue shall be raised in the mediation
proceedings before the punong barangay; otherwise, the
same shall be deemed waived. Any legal question which
may confront the punong barangay in resolving
objections to venue herein referred to may be submitted
to the Secretary of Justice or his duly designated
representative whose ruling thereon shall be binding.
(Section 409)

Who may initiate proceedings for
amicable settlement?

Any individual who has a cause of action against
another individual involving any matter within the
authority of the lupon may complain, orally or in
writing, to the Lupon Chairman Of The Barangay.
(Section 410)

How will the settlement be recorded?

All amicable settlements shall be in writing, in a
language or dialect known to the parties, signed by
them, and attested to by the lupon chairman or the
pangkat chairman, as the case may be. When the
parties to the dispute do not use the same language
or dialect, the settlement shall be written in the
language or dialect known to them. (Section 411)

Is conciliation proceedings a pre-condition
to the filing of complaint in court?

Yes. No complaint, petition, or
proceeding involving any matter
within the authority of the lupon
shall be filed or instituted directly
in court or any other government
office for adjudication, unless there
has been confrontation between the
parties before the lupon chairman
or the pangkat, and that no
conciliation or settlement has been
reached as certified by the lupon
secretary as attested to by the
lupon chairman or pangkat
chairman or unless the settlement
has been repudiated by the parties
thereto. (Section 412)


However, the parties may go directly to court if:

1. Where the accused is under detention;
2. Where a person has otherwise been deprived of
personal liberty calling for habias corpus
proceeding;
3. Where actions are coupled with the provisional
remedies such as preliminary injunction,
attachment, delivery of personal property, and
support pedente lite; and


4. Where the action may otherwise be barred by the
statute of limitations.
5. Conciliation among members of indigenous cultural
communities. – the customs and traditions of
indigenous cultural communities shall be applied in
settling disputes between members of the cultural
communities.

The parties may, at any stage of the proceeding, agree
in writing that they shall abide by the arbitration
award of the lupon chairman or the pangkat. Such
agreement to arbitrate may be repudiated within five
(5) days from the date thereof for the same grounds
and in accordance with the procedure hereinafter
prescribed. The arbitration award shall be made after
the lapse of the period for repudiation and within ten
(10) days thereafter. (Section 413)

How will the written agreement be
written?

The arbitration award shall be in writing in a
language or dialect known to the parties. When
the parties to the dispute do not use the same
language or dialect, the award shall be written
in the language or dialect known to them.
(Section 413)

Will the proceeding will be open to the
pubic?

All proceedings for settlement shall be public and
informal: Provided, however That the lupon chairman
or the pangkat chairman, as the case may be, may
motu propio or upon request of a part, exclude the
public from the proceeding in the interest of privacy,
decency, or public morals (Section 414)

Who should be present during
conciliation?

In all katarungang pambaranagay proceedings, the
parties must appear in person without the assistance
of counsel or representative, except for minors and
incompetents who may be assisted by their next-of-
kin who are not lawyers. (Section 415)

The effect of amicable settlement and
arbitration award.

The amicable settlement and arbitration award shall
have the force and effect of a final judgment of a court
upon the expiration of ten (10) days 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 municipality court. (Section
416)

The effect of amicable settlement and
arbitration award.

However, this provision shall not apply to court cases
settled by the lupon under the last paragraph of
Section 408 of this code, in which case the
compromise settlement agreed upon by the parties
before the lupon chairman or the pangkat chairman
shall be submitted to the court and upon approval
thereof, have the force and effect of a judgment of said
court.

When will the amicable settlement and
arbitration award will be enforced?

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.
(Section 417)

Can any member of the party still
repudiate even after the settlement?

Any party to the dispute may, within ten (10) days
from the date of the settlement, repudiate the same
by filing with the lupon chairman a statement 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 filling a complaint as
hereinabove provided. (Section 418)

Who will transmit the settlement or the arbitration
award to the appropriate city or municipal court?

The secretary of the lupon shall transmit the
settlement or the arbitration award to the appropriate
city or municipal court within five (5) days from the
date of the award or from the lapse of the ten-day
period repudiating the settlement and shall furnish
copies thereof each of the parties to the settlement
and the lupon chairman. (Section 419)

The punong barangay, as chairman of the lupong
tagapamayapa, and the members of the pangkat are
hereby authorized to administer oaths in connection
with any matter relating to all proceedings in the
implementation of the katarungng pambarangay.
(Section 420)

Who will implement the administration and rules
and regulation of the katarungan pambarangay?

The city or municipal mayor, as the case may be,
shall see to the efficient and effective implementation
and administration of the katarungang pambarangay.
The secretary of Justice shall promulgate the rules
and regulations necessary to implement this chapter.
(Section 421)

Who will provide the budget of the
katarungan pambarangay?

Such amount as may be necessary for the
effective implementation of the katarungang
pambarangay shall be provided for in the
annual budget of the city or municipality
concerned. (Section 422)

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