Katarungang Pambarangay

Title III, Book I, Chapter VII Local Government Code

Report by: Jesselle Infante Maminta LLB 1-5

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])

Selection Process
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])

Selection Process

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 (Sec. 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
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 (Sec. 404[a]) same procedure as Sec. 401 applies when vacancies arise in a Pangkat (Sec. 405)

Pangkat ng Tagapagkasundo (Pangkat)

Members of the Pangkat as appointed among themselves (Sec. 404[b]) Chairman Secretary Member

Pangkat ng Tagapagkasundo
Duties of Pangkat secretary (Sec. 404[b]) prepare the minutes of the Pangkat proceedings submit a copy of the minutes attested to by the chairman to the Lupon secretary and to the proper city/municipal court issue and cause to be served notices to the parties concerned issue certified true copies of any public record in his custody that is not declared by law as confidential

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

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

The DILG shall provide a system for granting incentives to members who have shown exemplary performance in resolving cases refered 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 (Sec. 407)

a legal adviser (provincial/city/municipal legal officer and provincial/city prosecutor) shall render legal advice on matters involving questions of law to the punong barangay or any Lupon/Pangkat member whenever necessary in the exercise of his functions in the Katarungang Pambarangay administration.

Subject Matter for Amicable Settlement (Sec. 408)

The Lupon has the authority to bring together parties actually residing in the same city/municipality for amicable settlement of all disputes. Exceptions when one party is the government or any of its subdivision and instrumentality when one party is a public officer/employee, and the dispute is in relation to the performance of his official functions

Subject Matter for Amicable Settlement (Sec. 408)

*Exceptions: where offenses are punishable by imprisonment exceeding one year or a fine exceeding P5,000 offenses where there is no private offended party when dispute involves real properties in different cities or municipalities unless the parties submit their differences to an amicable settlement by an appropriate Lupon

Subject Matter for Amicable Settlement (Sec. 408)

*Exceptions: disputes where parties reside in barangays of different cities or municipalities, except when such barangays are adjacent to each other and the parties submit their differences to an amicable settlement by an appropriate Lupon Such other classes of disputes which the President may determine in the interest of Justice or upon the recommendation of the Secretary of Justice.

Venue (Sec. 409)

Dispute
Between persons from the same barangay Between persons from different barangays of the same city Involving real property

Venue
Lupon of the same barangay Lupon of respondents barangay, at the election of the complaint Lupon of barangay where the property or the larger part of it is situated Lupon of barangay where said workplace or school is situated

At the contending parties workplace or school

Venue (Sec. 409)

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.

Procedure for Amicable Settlement (Sec. 410)

a. Initiation of Proceeding any individual who has a cause of action against another individual involving any matter within the authority of the Lupon oral or written, submitted to the Lupon chairman

Procedure for Amicable Settlement (Sec. 410)

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)

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.

Procedure for Amicable Settlement (Sec. 410)

c. Suspension of prescriptive period 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)

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

Procedure for Amicable Settlement (Sec. 410)

d. Issuance of summons; hearing; grounds for disqualification 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)

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 in a 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.

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

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 (Sec. 417)

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)

Kamsahamnida...
(Thank You!)