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    Katarungang Pambarangay

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    Atty. Joselito C. Manuel
    The document discusses the history and procedures of Katarungang Pambarangay in the Philippines. It outlines that Katarungang Pambarangay was established by Presidential Decree 1508 in 1978 to settle disputes at the barangay level. It was then incorporated into the Local Government Code of 1991. The lupon, headed by the barangay captain, has jurisdiction over most civil and criminal cases except those involving the government, offenses punishable by more than 1 year in prison, or disputes between parties residing in different cities/municipalities. The lupon aims to promote amicable dispute settlement through conciliation, mediation and arbitration.

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    © All Rights Reserved
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    Katarungang Pambarangay

    Uploaded by

    Atty. Joselito C. Manuel
    60 views25 pages
    The document discusses the history and procedures of Katarungang Pambarangay in the Philippines. It outlines that Katarungang Pambarangay was established by Presidential Decree 1508 in 1978 to settle disputes at the barangay level. It was then incorporated into the Local Government Code of 1991. The lupon, headed by the barangay captain, has jurisdiction over most civil and criminal cases except those involving the government, offenses punishable by more than 1 year in prison, or disputes between parties residing in different cities/municipalities. The lupon aims to promote amicable dispute settlement through conciliation, mediation and arbitration.

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    The document discusses the history and procedures of Katarungang Pambarangay in the Philippines. It outlines that Katarungang Pambarangay was established by Presidential Decree 1508 in 1978 to settle disputes at the barangay level. It was then incorporated into the Local Government Code of 1991. The lupon, headed by the barangay captain, has jurisdiction over most civil and criminal cases except those involving the government, offenses punishable by more than 1 year in prison, or disputes between parties residing in different cities/municipalities. The lupon aims to promote amicable dispute settlement through conciliation, mediation and arbitration.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    60 views25 pages

    Katarungang Pambarangay

    Uploaded by

    Atty. Joselito C. Manuel
    The document discusses the history and procedures of Katarungang Pambarangay in the Philippines. It outlines that Katarungang Pambarangay was established by Presidential Decree 1508 in 1978 to settle disputes at the barangay level. It was then incorporated into the Local Government Code of 1991. The lupon, headed by the barangay captain, has jurisdiction over most civil and criminal cases except those involving the government, offenses punishable by more than 1 year in prison, or disputes between parties residing in different cities/municipalities. The lupon aims to promote amicable dispute settlement through conciliation, mediation and arbitration.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 25

    Katarungang

    Pambarangay
    Atty. Joel Manuel JD LLM
    Outline

    ● History of Katarungang Pambarangay


    ● Chapter 7 Local Government Code of 1991 (Section 399-422)
    ● Supreme Court Circular 14-93 (July 15, 1993)
    ● Composition
    ● Condition Precedent
    ● Venue
    ● Jurisdiction
    ● Procedure
    Number of Cases in the Supreme Court

    In 2020 , the Supreme Court has 8,391 back log of cases.

    In 2021, 3,603 new cases were filed.

    Average cases per year in MTC 150,000 (2019 SC report)

    Average cases per year in RTC 450,000 (2019 SC report)


    History

    ● PD 1508 (June 11, 1978) President Ferdinand Marcos Sr.


    ○ Establishing a system of amicably settling disputes at the
    Barangay Level
    ○ Encourage amicable settlement of disputes among family
    members and neighbors
    ○ To help de-clog the dockets of the courts of indiscriminate filing
    of cases
    ○ Enhance overall quality of justice
    ○ Speedy Disposition of Cases / Disputes
    History

    ● PD 1508 (June 11, 1978) President Ferdinand Marcos Sr.


    ○ Lupong Tagapamayapa (simply “Lupon”)
    ○ Headed by the Barangay Captain as “Chairman”
    ○ Integrity, Impartiality, Independence, Probity
    ○ Barangay Secretary as Lupon Secretary
    ○ Conciliation Panel or “Pangkat Tagapagsundo” (simply
    “Pangkat”)
    ○ Deemed to be Persons in Authority
    History

    ● Local Government Code of 1991 (RA 7160)


    ○ Repealed PD 1508
    ○ Chapter 7 Section 399-422
    ○ Effective January 1, 1992
    History

    ● Supreme Court Circular # 14-93 (July 15, 1993)


    TO: ALL REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
    COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS

    SUBJECT: GUIDELINES ON THE KATARUNGANG PAMBARANGAY CONCILIATION


    PROCEDURE TO PREVENT CIRCUMVENTION OF THE REVISED KATARUNGANG
    PAMBARANGAY LAW (SECTIONS 399-422, CHAPTER VII, TITLE I, BOOK III, R.A. 7160.
    OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991).
    Composition (1991 LGC RA 7160)

    ● Punong Barangay as Chairman


    ● 10-20 Members (constituted every 3 years, 1st 15 days of term)
    ● Residing or working in the Barangay
    ● Integrity, Impartiality, Independence, Probity
    ● Take oath of office
    ● Barangay Secretary ex officio Lupon Secretary
    Function

    SECTION. 402. Functions of the Lupon. - The lupon shall:

    (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
    Function

    1. Conciliation (Section 412)


    Section . 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 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.
    2. Mediation / Amicable Settlement (Section 410)

    3. Arbitration (Section 413)


    a. 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.
    Condition Precedent

    ● Prior recourse thereto ( i.e. to Barangay Conciliation ) is a pre-condition before


    filing a complaint in court or any government offices ( SC Cir 14-93)

    ● “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. “ (Section 408 of the
    LGC of 1991)

    ● Barangay Certificate to File Action (CFA)


    Condition Precedent

    ● SECTION. 412. Conciliation. -

    (a) Pre-condition to Filing of Complaint in Court. - No complaint, petition, action,


    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 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.
    Condition Precedent (Also in SC Cir 14-93)

    ● SECTION. 412. Conciliation. -

    (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;
    Condition Precedent

    ● SECTION. 412. Conciliation. -

    (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.
    Venue

    SECTION. 409. 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.
    Venue

    SECTION. 409. Venue. -

    (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; 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.
    Jurisdiction

    ● Local Government Code of 1991 (Section 408)


    ○ SECTION. 408. 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;
    Jurisdiction

    ● Local Government Code of 1991 (Section 408)


    (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.g. littering,


    gambling, jaywalking, public scandal, vagrancy and prostitution)

    (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;
    Jurisdiction

    ● Local Government Code of 1991 (Section 408)


    (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 (or Sec of Justice)
    may determine in the interest of justice or upon the recommendation of the
    secretary of Justice.
    Jurisdiction

    ● Supreme Court Circular # 14-93 (July 15, 1993)


    TO: ALL REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
    COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS

    SUBJECT: GUIDELINES ON THE KATARUNGANG PAMBARANGAY CONCILIATION


    PROCEDURE TO PREVENT CIRCUMVENTION OF THE REVISED KATARUNGANG
    PAMBARANGAY LAW (SECTIONS 399-422, CHAPTER VII, TITLE I, BOOK III, R.A. 7160.
    OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991).
    Jurisdiction

    ● Supreme Court Circular # 14-93 (July 15, 1993)


    ○ Any complaint by or against corporations, partnership or
    juridical entities, since only individuals shall be parties to
    Barangay conciliation proceedings either as complainants or
    respondents (Sec. 1, Rule VI, Katarungang Pambarangay
    Rules);
    ○ Where the dispute arises from the Comprehensive Agrarian
    Reform Law (CARL) (Sec. 46 & 47, R.A. 6657);
    Jurisdiction

    ● Supreme Court Circular # 14-93 (July 15, 1993)


    ○ Labor disputes or controversies arising from
    employer-employee relations (Montoya vs. Escayo, et al., 171
    SCRA 442; Art. 226, Labor Code, as amended, which grants
    original and exclusive jurisdiction over conciliation and
    mediation of disputes, grievances or problems to certain
    offices of the Department of Labor and Employment);
    Jurisdiction

    ● Supreme Court Circular # 14-93 (July 15, 1993)


    ○ Actions to annul judgment upon a compromise which may be
    filed directly in court (See Sanchez vs. Tupaz, 158 SCRA 459).
    Procedure ( Section 410 LGC)

    1. Filing of Barangay Complaint (Orally or Accomplish a Form or Affidavit)


    2. Filing Fee
    3. Chairman will issue summons to the respondent for mediation
    4. If after 15 days no resolution - constitute a ‘Pangkat’ (committee of 3 from
    10-20, elect Chair and Sec)
    5. Pangkat to convene after 3 days to hear (Publicly) the parties after
    summons
    6. 15 days resolution extendible to another 15 days
    7. Settlement / Award shall have the force and effect of a court judgement
    8. Execution of award / settlement within 6 months
    9. Repudiation within 5 days, award shall be made after 10 days
    Barangay Certificate to File Action

    - Issued by Lupon Sec attested by Chairman that conciliation was reached but
    repudiated (Rule III Katarungan Pambarangay Rules also Sec 412)

    - Issued by Pangkat Secretary attested by Pangkat Chair that no settlement


    was reached or no confrontation took place

    - Conciliation efforts was unsuccessful

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