KATARUNGANG PAMBARANGAY

1. Nature of the Katarungang Pambarangay:

a. Community based dispute mechanism Barangay Justice or
Katarungang Pamabarangay is one of the important systems in the
Barangay Level to resolve disputes fairly and speedily. This is a salient
part of the barangayss function to promote peace and harmonious
relationships among community members. This is also in recognition of
the capacity of the barangays and its leaders to facilitate the
settlement and resolution of disputes at their level.

b. Alternative mode of settling disputes

c.
d. Not part of the Philippine Judicial System
e. Proceedings are public and informal (for the interest of privacy,
decency and public morals, public may be excluded:
i. Section 414 of LGC - SEC. 414. Proceedings Open to the Public;
Exception. - 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.

f. Lawyers are prohibited in the proceedings

i. Magno v. Velasco-Jacoba, AC 6296, 22 November 2005
ii. Pang- et v. Manacnes Dao, GR 167261, 2 March 2007

g. Personal Appearance of the parties required

i. SECTION 415 of LGC- 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.

2. Means of Settle Dispute:

a. Arbitration - means a voluntary dispute resolution process in which
one or more arbitrators, appointed in accordance with the agreement
of the parties, or rules promulgated pursuant to this Act, resolve a
dispute by rendering an award; "Arbitrator" means the person
appointed to render an award, alone or with others, in a dispute that is
the subject of an arbitration agreement;

b. Mediation - means a voluntary process in which a mediator, selected

by the disputing parties, facilitates communication and negotiation,
and assist the parties in reaching a voluntary agreement regarding a
dispute. "Mediator" means a person who conducts mediation;
"Mediation Party" means a person who participates in a mediation and
whose consent is necessary to resolve the dispute; "MediationArbitration" or Med-Arb is a step dispute resolution process involving
both mediation and arbitration.

c. Conciliation

3. Objectives:
a. Settle disputes within the basic political unit
b. Speedy administration of Justice
c. Preserve and develop Filipino culture
d. Strengthen the family as the basic social institution
e. Minimize indiscriminate filing of cases
f. Decongest court dockets
g. Enhance quality of justice dispense by the courts

4. Parties cognizable
a. Only individuals
b. Juridical person not allowed
i. Section 1, Rules VI IRR
ii. Vda. De Borromeo v. Pogoy , 126 SCRA 217 (1983)

c. Minors and incompetent (Rule II(m) (n) may be assisted by next of kin
(Rule II (o), IRR who are not lawyers

5. Jurisdiction
a. General Rule All disputes involving parties who actually reside in
the same city or municipality
b. Exceptions:
i. Section 408, LGC, Section 2 Rules VI IRR
ii. Violence against women and their children (Section 33, RA 9262)
iii. Employer-employee relationship (Article 226, PD 442)
iv. Agrarian Dispute (Guideline I, Administrative Circular No 14-93;
Section 46-47; RA 6637
v. Dispute among members of Indigenous Cultural Communities
(Section I, Rule IX, IRR)
- settled in accordance with the recognized customs and
traditions

c. Jurisprudence
i. Tamora v. Veloso, 117 SCRA 613 (1982)
ii. Garces v. Court of Appeals, 162 SCRA 504 (1988)
iii. Domingo v. Judge Rosero, GR 70245, May 5 1989
iv. Blardony Jr. v. Coscalluella Jr. 182 SCRA 825, 1990

v. Sps. Morata v. Sps. Go. GR L- 62339, October 27, 1983

vi. Gegare v, Court of Appeals, 177 Scra 471 (1989)
vii. People v. Fortes 233 SCRA 619 (1993)
viii. Montoya v. Escayo, et. Al GR 8221-12, March 21, 1989 (171
SCRA 442)

d. In non-criminal case. Courts, moto propio may refer parties to the

Lupon for amicable settlement.
6. Place of settlement of dispute
a. Section 3 Rule VI IRR
b. Jurisprudence
i. Pascual v. Pascual, GR 157830, November 17, 2005
ii. Vercide v. Judge Hernandez, AM MTJ-))-1265, April 6, 2000

7. Legal Effect
a. Suspension of the prescriptive periods of offense during the settlement
of dispute
i. Uy v. Judge Contreras, 237 SCRA 167 (1994)
b. Condition precedent for filing action in court or any government
agency
i. Sps. Santos v. Sps Lumbao, GR 169129, March 28, 2007

8. Lupong taga pamayapa:

a. Members/ Qualification/ grounds for withdrawal of appointment
- Punong Barangay has the authority to constitute a lupon. He can
appoint the lupon members. It is his prerogative no need for approval
or confirmation of the Sangguniang Barangay.
-if he fail to constitute a lupon, he can be charged of neglect of duty
and be subjected of administrative sanctions.
- Punong barangays can constitute the Lupon within 15 days from the
start of his term as Punong barangay.

- Lupon should include a minimum of ten and a maximum of twenty

persons/members
- Qualified members to be a lupon: anybody who is an actual resident
or working in the Barangay, of legal age and possesses the following
qualities: integrity, impartiality, independence, fairness, reputation for
probity, patience, resourcefulness, open mindedness and flexibility can
be a member of the lupon.

b. Term of Office
c. Functions/Duty of the Lupon
d. Benefits of members

9. Pangkat na Tagapagkasundo
a. Members
b. Functions/duty
c. Effect of Failure to mediate/ arbitrate
i. Local Indigenous system Tribal Leaders in cases of dispute
among members of Indigenous cultural Communities (Section I
Rule IX, IRR - settled in accordance with the recognized customs
and traditions
- procedure
- effect of failure to mediate/arbitrate

10.

Proceedings before the Lupon/Pangkat

a. Steps from receipt of complaint
b. Period to settle
c. Consequences of non-appearance of parties /failure to mediate(Section
8 Rule VI IRR
i. Lumbuan v. Ronquillo, GR 155713, May 5, 2006
d. Period of settlement
e. When to resort to arbitration (Section 9 Rule VI, IRR
- Rules on arbitration proceedings

11.

Amicable Settlement and Arbitration Award

a. Forms and solemnities of amicable settlement and arbitration award
(Sec. 13, Rule VI, IRR
b. Effect Section 416, LGC) - 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 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.

c. Repudiation of agreement/nullification of award

SEC. 418. 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 shall be sufficient basis for the issuance of the
certification for filing a complaint as hereinabove provided.

d. Enforcement/ Execution of judegment/award (Section 417, LGC)

SEC. 417. 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.

i. Vidal v. Escueta, GR 156228, December 30 2003

ii. Yu v. Court of Appeals, GR 125082, September 18, 200
iii. Chaves v. Court of Appeals and Trillanes. GR 159411, March 18,
2005

1. 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.
2. What is mediation? Mediation, a form of alternative dispute resolution (ADR),
aims to assist two (or more) disputants in reaching an agreement.
3. 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.
4. What is repudiation?The refusal to acknowledge a contract or debt.
5. What is the essence of KatarunganBarangay? The essence of the Katarungang
Pambarangay Law is theamicable settlement of disputes wherein the disputing
parties areencouraged to make mutual concessions to obtain a peacefulresolution
of the dispute without formal adjudication thereof. Theimportant consideration in
amicable settlement is the extent towhich the parties are willing to compromise
their respectiveclaims against each other within the limits imposed by law,morals,
good customs, public order and public policy. (DOJOpinion No. 185, s. 1981)
6. What is essence of Katarungan Barangay? The barangay settlement
procedures are intended as ascreening process whereby the barangay captain and
thepangkat ng tagapagkasundo, the conciliation panel constitutedfrom the lupon
membership, determine which cases are trulyirreconcilable and should therefore be
resolved judicially (DOJOpinion No. Ill, s. 1982)
7. What is the procedure for amicablesettlement?
8. What is the procedure for amicablesettlement? 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.
9. What is the procedure for amicablesettlement? 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.
10. What is the procedure for amicablesettlement? 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.

11. What is the procedure for amicablesettlement? 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.
12. What is the procedure for amicablesettlement? 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)
13. What are the objectives of barangayconciliation procedure?The barangay
system of disputeresolution is an institutionestablished through P.O. 1508for the
purpose of shifting orsegregating cases which can bepeaceably or amicably
settledbetween the parties and thosewhich are truly irreconcilable asto require
formal adjudicationbefore the courts or othergovernment offices.
14. What are the objectives of barangayconciliation procedure?The former type of
cases areprevented from reaching theregular courts of justice orgovernment offices
performingadjudicatory functions thedockets of which are therebyrelieved of
congestion of pendingcases. (DOl Opinion No. 10, s.1982)
15. What are the objectives of barangayconciliation procedure?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)
16. What are the objectives of barangayconciliation procedure?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)
17. What are the objectives of barangayconciliation procedure?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)
18. What are the objectives of barangayconciliation procedure? 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)
19. What are the objectives of barangayconciliation procedure?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)
20. What are the objectives of barangayconciliation procedure?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)
21. How is the lupon different from thebarangay council? The barangay council is
the barangays 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)
22. What are the provisions of the KatarunganPambarangay 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.
23. What are the provisions of the KatarunganPambarangay under R.A. 7160? 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.
24. What are the provisions of the KatarunganPambarangay under R.A. 7160? 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.
25. What are the provisions of the KatarunganPambarangay under R.A. 7160? 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.
26. What are the provisions of the KatarunganPambarangay under R.A. 7160? 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.

27. What are the functions of the lupon? The function of the lupon tagapayapa is
primarily conciliatory not adjudicative. (DOJ Opinion No. 64, s. 1982)
28. 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.
29. 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)
30. Who will be the ex-officio chairman ofthe 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
Opinion No. 67, s. 1981)
31. Who will take over if the ex-officiochairman 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)
32. 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 noncompliance 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
33. 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)
34. 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)

35. Who shall act as Secretary of theLupon? The Barangay Secretary shall
concurrently serve as the secretary of the Lupon (Section 403)
36. What are the funtions of theSecretary? 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.
37. 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.
38. 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)
39. How to fill-up vacancies in thePangkat? 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.
40. 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)
41. Characterize the Office and Service ofLupon 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)
42. Characterize the Office and Service ofLupon 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)
43. Who shall render legal advice on mattersinvolving 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)
44. Enumerate the exceptions for amicablesettlement. 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);
45. Enumerate the exceptions for amicablesettlement. 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;
46. Enumerate the exceptions for amicablesettlement.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)
47. 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.
48. 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)
49. Who may initiate proceedings foramicable 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)
50. 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)
51. Is conciliation proceedings a pre-conditionto 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)
52. Is conciliation proceedings a pre-conditionto the filing of complaint in court?
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
53. Is conciliation proceedings a pre-conditionto the filing of complaint in court?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.
54. The parties may, at any stage of the proceeding, agreein writing that they
shall abide by the arbitrationaward of the lupon chairman or the pangkat.
Suchagreement to arbitrate may be repudiated within five(5) days from the date
thereof for the same groundsand in accordance with the procedure
hereinafterprescribed. The arbitration award shall be made afterthe lapse of the
period for repudiation and within ten(10) days thereafter. (Section 413)
55. How will the written agreement bewritten? 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)
56. Will the proceeding will be open to thepubic? 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)
57. Who should be present duringconciliation? 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)
58. The effect of amicable settlement andarbitration 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)
59. The effect of amicable settlement andarbitration 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.
60. When will the amicable settlement andarbitration 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)
61. Can any member of the party stillrepudiate 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)
62. Who will transmit the settlement or the arbitrationaward 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)
63. The punong barangay, as chairman of the lupongtagapamayapa, and the
members of the pangkat arehereby authorized to administer oaths in
connectionwith any matter relating to all proceedings in theimplementation of the
katarungng pambarangay.(Section 420)
64. Who will implement the administration and rulesand 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)
65. Who will provide the budget of thekatarungan 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)
_____________________________________________________________________________________
The Katarungang Pambarangay or the barangay justice system is governed by
Sections 399 to 422 of the Local Government Code. It has helped lessen the burden
of our courts by settling at the barangay level conflicts and disputes between
residents of the same barangay. Please take note of these issues regarding
barangay justice:

[1] Lawyers are not allowed to appear in barangay hearings.

[2] Even if the parties in dispute are residents of the same barangay, they do not
necessarily have to go through the Katarungang Pambarangay. Section 408 of the
Local Government Code enumerates the exceptions where the parties can go
straight to court or to the fiscals office.
[3] If there has been an arbitration award or amicable settlement, and one party
does not comply, the other party can file with the Municipal or Metropolitan Trial
Court a petition for the execution of such settlement or award (Section 417).
Although the Lupon has the authority to execute such arbitration award or amicable
settlement, some barangay officials refuse to do so. Their reason is politics; they do
not want to antagonize people who might vote against them in the next barangay
elections.
[4] Despite the use of the term justice, there really is no such thing as a barangay
court. The barangay officials who compose the Lupong Tagapamayap or the Pangkat
ng Tagakapagsundo are not judges. One of my former students told me that a
barangay captain in Dasmarinas, Cavite obligates everyone to call him Justice.
One of my friends who got involved in a dispute in a Taguig City barangay told me
that the head of the Lupon threatened him that his complaint will be dismissed for
lack of merit. The only instance that the Lupon or Pangkat acts like a court
(weighing evidence, hearing testimonies, deciding on the merits, etc.) is when the
parties in dispute agree to arbitration.