KATARUNGANG PAMBARANGAY LAW LECTURE

TITLE III, BOOK I, CHAPTER VII

LOCAL GOVERNMENT CODE (SECS. 399- 422)

LECTURERS:
IAN S. BLANCO LLB- II
HOPE BABIE D. ELMACO LLB- I
GERARD LACS A. CONCEPCION LLB- II
I. Preliminary

Genesis of the KP Law

Brief History
Importance
Purpose
Constitution of Lupon
II. Mediation

Amicable Settlement
Subject Matters exempted to undergo Amicable
Settlement
III. Conciliation and Arbitration

Venue
Procedure for Amicable Settlement
Form of Settlement
Conciliation
Arbitration
Effect of Amicable Settlement and Arbitration Award
Execution
Repudiation
 Types of Proceeding; Generally

Judicial Proceeding Non-Judicial Proceeding

Involves a determination of It means an outside of the
the dispute by the Judge in court proceedings which will
a courts of law. There is a be heard by a third party
participation of the Judge, person, not a judge. In this
who will going to settle an case, in the Barngay Level,
issue by rendering a the person(s) will hear the
decision. case is the Punong Barangay
(Barangay Captain) and/or
the Lupon Tagapamayapa.
 History

Barangay is the basic political unit. The system on settling dispute in the
Barangay Level dated back in Pre-Spanish era. Before, and even today, most
disputes or conflicts come from among the family members, or neighbors.
In such way, conflicts were resolved and settled without delay, without going to
courts.
Until a Law was passed to institutionalize this system;
Presidential Decree No. 1508, entitled, ESTABLISHING A SYSTEM OF AMICABLY
SETTLING DISPUTES AT THE BARANGAY LEVEL,
which was later amended by Republic Act 7160, THE LOCAL GOVERNMENT
CODE OF THE PHILIPPINES
 TRIVIA

It is worthy to note that this kind of system is

common among Asian countries and other parts of
the world. The Philippines is not the only one who
has adopted this kind of system on settling disputes
extra judicially.
 Purpose

Republic Act 7160, otherwise known as the 1991 Local Government Code,
gives barangays the mandate to enforce peace and order and provide
support for the effective enforcement of human rights and justice.
Barangay Justice System designed merely to decongest the courts of cases
This also 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.
Constitution of Lupon

Lupong Tagapamayapa composed of Punong barangay, as

chairman, and 10-20 members
shall be constituted every three years (Sec. 399[a])

Who can become a member of the Lupon? (Sec. 399[b])

any person actually residing or working in the barangay
not expressly disqualified by law possessing integrity,
impartiality, independence of mind, sense of fairness, and
reputation for probity
 SELECTION PROCESS

a notice to constitute the Lupon shall be prepared by the punong barangay

within 15 days from the start of his term of office
notice will include names of proposed members who have expressed their
willingness to serve
shall be posted in three conspicuous places in the barangay continuously for
not less than three weeks (Sec. 399[c])
The punong barangay shall appoint the members within ten days thereafter,
taking in consideration any opposition or recommendation for appointment
made within the posting period.
appointment shall be in writing, signed by the punong barangay and
attested to by the barangay secretary. (Sec. 399[d])
 the list of appointed members shall be posted in three
conspicuous places in the barangay for the entire
duration of their term of office (Sec. 399[e])
in barangays where majority of 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 LGC (Sec. 399[f])
Oath and Term of Office (Sec. 400)

upon appointment, each member shall take an oath

before the punong barangay
he shall hold office until a new Lupon is constituted
three years after his appointment
unless sooner terminated by: - resignation - transfer of
residence or place of work - withdrawal of appointment
by the punong barangay with the concurrence of the
majority of all the members of the Lupon
 Vacancies (section 401)

The Punong barangay shall immediately

appoint a qualified person who shall hold
office only on the remaining portion of the
term.
Functions of the Lupon (Sec. 402)

administrative supervision
monthly forum with the public to discuss matters
on improving the settlement and resolution of
disputes
other duties as prescribed by law or ordinance
Secretary of the Lupon (Sec. 403)

barangay secretary shall act as secretary of Lupon

he shall document the results of mediation proceedings
before the punong barangay
submit a report to the proper city/municipal courts
receive and keep the records of proceedings submitted
to him by various conciliation panels
Pangkat ng Tagapagkasundo

Pangkat ng Tagapagkasundo
constituted for each dispute before the Lupon
consists of three members chosen by the parties from the list of Lupon members
if parties fail to agree on the Pangkat members, the punong barangay shall
choose the members through draw lots
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.
Vacancies in Pangkat

Anyvacancy 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.
Character of Office and Service of
Lupon Members (Sec. 406)

they are deemed as persons in authority, as

defined by the RPC
shall serve without compensation*
shall serve without prejudice to incentives^

*as provided for by Sec. 93

^as provided for in this Section and in Book IV
 Subject Matter for Amicable
Settlement; Exception Thereto

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 exceeding Five thousand pesos
(Php5,000.00);

(d) Offenses 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
(f) 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;

(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, motu proprio refer the
case to the lupon concerned for amicable settlement.
 Procedure for Amicable Settlement
(Sec. 410, par. B)

Meditation by Lupon chairman Within the next

working day
summon the respondents
summon the complainants and their witnesses
upon prior notice
mediate on their conflicting interests if he fails in
his mediation effort within 15 days from their first
appearance
set the date to form a Pangkat
 Procedure for Amicable Settlement
(Sec. 410, par. C)

Suspension of prescriptive period

upon filing the complaint with the Punong barangay,
the prescriptive periods for offenses and cause of
action under existing laws shall be suspended while the
dispute is under meditation, conciliation and arbitration
prescriptive period shall resume upon receipt of the
complainant of: Complaint, certificate of repudiation,
certification to file action provided: such interruption
shall not exceed 60 days from the filing of the complaint
with the Punong barangay
 Procedure for Amicable Settlement
(Sec. 410, par. D)
Issuance of summons; hearing; grounds for disqualification
Pangkat shall convene not later than three days from its constitution to hear
both parties and their witnesses, simplify issues and explore all possibilities for
amicable settlement.

Pangkat may issue summons for personal appearance of parties and witnesses

When a party moves to disqualify a Pangkat member, the matter shall be

resolved by the affirmative vote of the Pangkat Reasons: Relationship, Bias,
Interest, Any similar grounds
 Procedure for Amicable Settlement
(Sec. 410, par. E)

Period to arrive at a settlement - Pangkat

shall arrive at a settlement/resolution
within 15 days from its convention.
extendable for not more than 15 days,
except in clearly meritorious cases.
 Form of Settlement (Sec. 411)

in writing
ina language or dialect known to the
parties
signed by the parties
attested by Lupon/Pangkat chairman
 No filing of complaint, petition, action or proceeding in court of matters within
Lupon's authority unless there have been confrontation between parties in
front of Lupon/Pangkat chairman, and no conciliation/settlement has been
reached as certified by Lupon/Pangkat secretary as attested by
Lupon/Pangkat chairman, or unless the settlement has been repudiated by
parties. (Sec. 412[a])

When Parties May Go Directly to Court (Sec. 412[b]) accused is under

detention, a person has been deprived of personal liberty calling for habeas
corpus proceedings, actions are coupled with provisional remedies
(preliminary injunction, attachment, delivery of personal property, support
pendente lite) ,actions may be barred by the statute of limitations.
 Customs and traditions of indigenous
cultural communities shall be applied in
settling disputes between members of the
cultural communities. (Sec. 412[c])
 Arbitration (Sec. 413)

At any stage of proceedings, parties may agree in writing that

they shall abide by the arbitration award of the Lupon
chairman/Pangkat.
may be repudiated within five days for the same grounds and in
accordance to prescribed procedure.
shall be made after the lapse of the period for repudiation and
within ten days after.
shall be in writing, and in a language or dialect known to the
parties.
 Sections 414 and 415

All proceedings for settlement shall be open to the public, except

when, upon the request of a party, the Lupon/Pangkat chairman
exclude the public from the proceedings for the purpose of
privacy, decency or public morals. (Sec. 414)

Parties must appear in person without counsel/representative,

except for minors and incompetents who may be assisted by their
next-of-kin who are not lawyers. (Sec. 415)
 The amicable settlement and arbitration award shall have
the force and effect of a final judgment of a court upon
the expiration of ten days from the date thereof, unless
repudiation has been made or a petition to nullify the
award has been filed before the proper city or municipal
court. (Sec. 416) * shall not be applicable to court cases
settled by the Lupon under the last paragraph of Sec. 408.
Here, the compromise or the Pangkat chairman shall be
submitted to the court and have the force and effect of a
judgment of said court upon approval.
 EXECUTION (Sec. 417)

Amicable settlement/arbitration award

may be enforced by execution by the
Lupon within six months from date of
settlement. Upon lapse of such time, the
settlement may be enforced by action in
the City/Municipal court
 Repudiation (Sec. 418)

any party may repudiate the settlement

within ten days from settlement date
file a statement to the repudiation with the Lupon
chairman sworn before him
grounds: when consent is vitiated by fraud, violence or
intimidation
repudiation shall be sufficient basis for the issuance of
the certification to file a complaint to court
 Lupon secretary shall transmit the settlement/arbitration
award to the City/Municipal court within five days from
the awarding or from the lapse of ten-day repudiating
period, and shall furnish copies thereof to the settlement
parties and the Lupon chairman. (Sec. 419)
Punong barangay (as head of Lupon) and members of
the Pangkat are authorized to administer oaths with any
matter relating to al proceedings in the implementation
of the Katarungang Pambarangay. (Sec. 420)
 City/municipal mayor shall supervise the
implementation and administration of Katarungang
Pambarangay. Secretary of Justice shall promulgate
the rules and regulations necessary to implement
the Chapter. (Sec. 421)
Appropriations for the implementation of the
Katarungang Pambarangay shall be provided for by
the city/municipality's annual budget. (Sec. 422)