MODULE 2

KATARUNGANG PAMBARANGAY

INTRODUCTION

Katarungang Pambarangay, or the Barangay Justice System is a local justice

system in the Philippines. It is operated by the smallest of the local government
units, the barangay, and is overseen by the barangay captain, the highest elected
official of the barangay and its executive. The barangay captain sits on the Lupong
Tagapamayapa along with other barangay residents, which is the committee that
decides disputes and other matters. They do not constitute a court as they do not
have judicial powers. The system exists to help decongest the regular
courts and works mostly as "alternative, community based mechanism for dispute
resolution of conflicts, also described as a "compulsory mediation process at the
village level."
Throughout the Systems handles thousands the 1 of cases. Since officials
have more flexibility in decision-making, including from complex evidence rules,
and receive some resources from government, the courts are more numerous and
accessible than other courts and therefore the courts are able to hear more cases
and to respond more immediately.

OBJECTIVES

At the end of this module, the students should have:

1. Trace the history of Katarungang Pambarangay;
2. Recognize the concept of Katarungang Pambarangay;
3. Understand the concept of Lupong Tagapamayapa;
4. Identify the functions of the Lupon;
5. Describe the character of office and service of Lupon members;
6. Remember the subject matter for amicable settlement;
7. Recognize and remember the procedure for amicable settlement.
 Lesson 1

HISTORY AND CONCEPT OF THE KATARUNGANG

PAMBARANGAY (PRESIDENTIAL DECREE NO. 1508,
repealed by R.A. 7160)

History
There has long been a traditional, local system of resolving disputes.
Presidential Decree 1508 talks an unofficial "time-honored tradition of amicably
settling disputes among family and barangay members at the barangay level
without judicial resources.
Alfredo Flores Tadiar was the principal author of Presidential Decree 1508,
The Katarungang Pambarangay Law, and he also wrote its implementing rules,
requiring prior conciliation as a condition for judicial recourse. For 12 years (1980-
1992), he was a member of the Committee of Consultants, Bureau of Local
Government Supervision, which oversaw the nationwide operations of the
Katarungang Pambarangay Law. Under the decree, the body was known as Lupong
Tagapayapa. This decree was replaced by the Local Government Code of 1991.
The Katarungang Pambarangay share characteristics with similar traditional,
hybrid courts in other countries such as the Solomon Islands. Papua New Guinea,
Nigeria and South Africa, among, others. Such courts emerged during colonial
periods as Western imperial powers introduced western legal systems. The Western
legal systems were usually applied to westerners while the local dispute resolution
systems were integrated into the Western system in a variety of ways including
incorporation of local decision makers into the government in some way. After
independence, many states faced the same problems as their former rulers,
especially "limited geographical reach of state institutions, Western modeled
institutions often divorced from community structures and expectations, and
resource constraints in the justice sector. Hybrid courts became a "middle ground
for supporting community decision-making while simultaneously expanding the
authority and reach of the state." Besides hybrid courts, other authors have
described the system as a "Non-State Justice System".

Overview on the Operations, Rules and Procedures

The Lupong Tagapamayapa is the body that normally cosmited every three
years and holds office comprises the barangay justice system and on it sit the and
10 to 20 . body is until a new body is constituted in the third year. They receive no
compensation except honoraria, allowances and other emoluments as authorized
by law or barangay, municipal or city ordinance.
Almost all civil disputes and many crimes with potential prison sentences of one
year or less or fines 5,000 or less. Philippine pesos are subjected to the system. In
barangays where a majority of members belong to an indigenous people of the
Philippines, traditional dispute mechanisms such as a council of elders may replace
the barangay judicial system.
Upon receipt of the complaint, the chairman to, the committee, most often
the barangay captain, shall the next working day inform the parties of a meeting
for mediation. If after 15 days for the first meeting, the mediation is not
successful then a more formal process involving the pangkat or body must be
followed. There is another 15-day period to resolve the dispute through this more
formal process, extendable by the pangkat for yet another 15-day period. If not
settlement has been reached, then a case can be filed in the regular judicial
system of the Philippines.

THE KATARUNGANG PAMBARANGAY (Presidential Decree No. 1508 repealed by

R.A. 7160)
Concept of Barangay and Lupong Tagapamayapa
Barangay refers not only to barrios which were declared barangays by virtue
of Presidential Decree No. 557 but also to barangays otherwise known as citizens
assemblies pursuant to Presidential Decree No. 86.
Barangay Captain refers to the Barangay Captains of the barrios which
declared barangay by virtue of Presidential Decree No. 557 and to the Chairmen of
barangays otherwise known as citizens assemblies pursuant to Presidential Decree
No. 86.
 LEARNING ACTIVITIES

I. Define the following:

1. Barangay

2. Barangay Captain

II. Answer the following question:

1. What law established the Katarungang Pambarangay?

2. What is the government purpose in establishing Katarungang Pambarangay?

 Lesson 2
THE LUPONG TAGAPAMAYAPA

The Lupong Tagapamayapa

The Lupong Tagapamayapa shall be composed of the Punong barangay as
Chairman and ten (10) to twenty (20) members. The lupon shall be constituted
every three (3) years.
Any person actually residing or working in the barangay, not otherwise
expressly disqualified by law, and possessing integrity, impartiality, independence
o mind, sense of fairness, and reputation for probity, may be appointed as 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 appointment 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 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.
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 the applicable provisions
of the Code.
Functions of the Lupon
A. Exercise administrative supervision over the conciliation panels provided
herein;
B. Meet regularly once a month to provide a forum for exchange of ideas
among its members and the public on 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; and
 C. Exercise such other powers and perform such other duties and functions as
may be prescribed. by law or ordinance.
Oath and Term of Office
Upon appointment, each lupon member shall take an oath of office before
the Punong barangay. He 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 the concurrence of the majority of all the members of the
lupon.
Vacancies
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.
Secretary of the Lupon and the Pangkat ng Tagapagkasundo
The Barangay Secretary -shall concurrently serve as the secretary of the
lupon. He/She 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/She shall also receive and keep the records of proceedings submitted to him by
the various conciliation panels.
Pangkat ng Tagapagkasundo- is a constituted body for each dispute brought
before the lupon which serves as a conciliation panel consisting 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 upon chairman.
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 served notices to the parties concerned. The lupon secretary
shall issue certified true copies of any public record in his custody that is not by
law otherwise declared confidential.
Vacancies in the Pangkat
Any vacancy in the Pangkat shall be chosen by the parties to the dispute
from 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.
 LEARNING ACTIVITIES

I. Essay

1. What are the functions of Barangay Secretary and Pangkat ng

Tagapagkasundo?

2. Who composed the Lupong Tagapamayapa?

 Lesson 3

CHARACTER OF OFFICE AND SERVICE OF LUPON

MEMBERS

Character of Office and Service of Lupon Members

The lupon members, while in the performance of their official duties or on
the occasion thereof, shall be deemed persons in authority, as defined in the
Revised Penal Code.
The Lupon or Pangkat members shall serve without compensation, except as
provided under the Code. The Department of the Interior and Local Government
shall provide for a system of granting economic or other incentives to the lupon or
pangkat members who adequately demonstrate the ability to judiciously and
expeditiously resolve 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.
Legal Advice on Matters Involving Questions of Law
The provincial, city legal officer or prosecutor or the municipal legal officer
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.
The Subject Matter 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:

 Where one party is the government, or any subdivision or instrumentality

thereof;
 Where one party is a public officer or employee, and the 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;
 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 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;
 Such other classes of disputes which the President in the interest of justice
or upon may determine t the recommendation of the Secretary of Justice.
The court in which non-criminal cases not falling within the auth rity lupon
under Code are filed may, at any time before trial, motu proprio refer the case to
the lupon concerned for amicable settlement.
Venue
a. Disputes between persons actually residing in the same barangay shall be
brought for amicable settlement before the lupon of said barangay.
b. Those involving actual residents of different barangays within the same city or
municipality shall be brought in the barangay where the respondent or any of the
respondents actually resides, at the election of the complainant.
c. All disputes involving real property, or any interest. therein shall be brought in
the barangay where the real property or the larger portion thereof is situated.
d. Those arising at the workplace where the contending parties are employed or at
the institution where such parties are enrolled for study, shall be brought in the
barangay where such workplace or institution is located.
Objections to venue shall be raised in the mediation proceedings before the
Punong barangay; he same shall be deemed waived. Any legal otherwise, the s
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.
 LEARNING ACTIVITIES

I. Fill in the blanks

1. The lupon members, while in the performance of their official duties or on

the occasion thereof, shall be deemed as __________________, defined in
the Revised Penal Code.
2. The lupon or pangkat members shall serve ___________________, except as
provided the Code.
3. The provincial, city legal officer or prosecutor or the municipal legal officer
shall render _________________ on matters involving questions of law to
the (4) ___________________ or any (5) ___________________ whenever
necessary in the exercise of his functions in the administration of
_______________________.
6. All disputes involving ______________, or any interest therein shall be
brought in the (7) ____________________ where the real property or (8)
________________ thereof is situated.
9. Any legal question which may confront the _________________ in resolving
objections to venue may be submitted to the (10) _______________________ or
his designated representative, whose ruling thereon shall be binding.
 Lesson 4

PROCEDURE FOR AMICABLE SETTLEMENT

Procedure for Amicable Settlement

Initiation of proceeding
Upon payment of the appropriate filing fee, 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 the barangay.
Mediation by 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
them and their witnesses to appear before him for al mediation of their conflicting
interests. If he fails in his 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.
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 filing of the complaint with the punong barangay.
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. In the event that a party moves 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 decided upon, the
resulting vacancy shall be filled.
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.
Form of Settlement
All amicable settlements shall be in writing, in a language or dialect known
to the parties, signed by them. and attested to b 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
known to them.

Conciliation
a. Pre-condition to Filing of Complaint in Court
No complaint, petition, action, or proceeding involving lupon shall be filed
or instituted directly of the or any other government office for adjudication,
unless there has been a 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 or pangkat secretary as attested to by the lupon
or pangkat chairman or unless the settlement has been repudiated by the parties
thereto.
b. Where Parties May Go Directly to Court
The parties may go directly to court in the following instances:
1. Where the accused is under detention;
2. Where a person has otherwise been deprived of personal liberty calling for
habeas corpus proceedings;
3. Where actions are coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property and support pendente lite;
and
4. Where the action may otherwise be barred by the statute of limitations
c. 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.

Arbitration
The parties may, at any stage of the proceedings, agree in writing that they
shall abide by the arbitration award of the hipon 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.
 The arbitration award shall be in writing in a or known When the parties to
the dism to the parties me e do not use language or dialect, the award shall be
written in the language or dialect known to them.
Exceptions on the Proceedings Open to the Public
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 proprio or upon request of a party, exclude the public from the
proceedings in the interest of privacy, decency. or public morals.
Appearance of Parties in Person
In all katarungang pambarangay 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.
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 municipal court.
However, this provision shall not apply to court cases settled by the fupon
under the last paragraph of Section 408 of the 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.
Execution
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.
Repudiation
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 of the for filing a complaint as hereinabove
provided.
Transmittal of Settlement and Arbitration Award to the 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 periodi repudiating the settlement
and shall furnish copies thereof to each of the parties to the settlement and the
lupon chairman.
Power to Administer Oaths
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
katarungang pumbarangay.
Administration and Appropriations
The city or municipal mayor, as the case may be.. shall see to the efficient
effective implementation and administration of the katarungang pambarangay.
The Secretary of Justice shall promulgate the rules and regulations necessary to
implement this Chapter.
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.
 LEARNING ACTIVITIES

I. Essay

1. What is the procedure in the Katarungang Pambarangay law?