4.

1 Katarungang Pambarangay
A. WHAT IS THE CONCEPT OF THE KATARUNGANG PAMBARANGAY (KP)?

Conceptually, Katarungang Pambarangay (KP) is justice administered in the barangay level.

It is a system of amicably settling disputes among families in barangay levels without judicial
recourse.

B. OBJECTIVES OF KP:

1. To promote speedy administration of justice;

2. To perpetuate the time-honored tradition of settling disputes amicably for the maintenance of peace
and order;

3. To implement the Constitutional mandate, preserve and develop Filipino culture; and

4. To relieve the courts of docket congestion and thereby enhance the quality of justice dispensation.

C. SALIENT FEATURES OF THE KP:

1. It makes barangay settlement a PRE-REQUISITE to the bringing of suit to the regular

courts of justice. This will ensure that all disputes, with certain exceptions, must go
through the conciliation process. Hence, only those that are truly irreconcilable will be
kept for formal resolution; and

2. Parties may not be represented by counsel or any one else. This is designed to make
the proceeding simple and inexpensive as to be available to all, and also facilitates
amicable settlement.

Sec. 412, RA 7160 - “No complaint, petition, action, or proceeding involving any matter within the
authority of the Lupon shall be filed for adjudication, unless there has been confrontation between
parties before the Lupon Chairman or the Pangkat and that
no conciliation or settlement has been reached as certified by the Lupon or Pangkat Chairman unless
the settlement has been repudiated by the parties thereto.”

D. REPUBLIC ACT NO. 7160 - The Local Government Code of 1991.

E. SIGNIFICANT CONTENTS OF RA 7160 REGARDING KATARUNGANG PAMBARANGAY

Chapter VII, Sections 399-422 of RA 7160 superseded the Law on Katarungang Pambarangay, the
P.D. No. 1508.

F. LUPONG TAGAPAMAYAPA (LT)

4.1 Katarungang Pambarangay 1

 1. Composition and constitution of the LT (Sec. 399):
a) Created in each barangay referred to as the LUPON, composed of:

a. punong barangay - chairman; and

b. ten to twenty members

“The lupon shall be constituted every three (3) years in the manner provided herein (RA 7160).”
b) Who may be appointed member of the Lupon:

1. any person actually residing or working in the barangay,

2. not otherwise expressly disqualified by law,

3. possessing integrity, impartiality, independence of mind sense of fairness, 4. and

reputation for probity.

c) 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 15 days from the start of his term of office. Such
notice shall be posted in three conspicuous places in the barangay continuously for
a period of not less than three (3) weeks.

d) 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 therefor. Appointments shall be in writing,
signed by the punong barangay, and attested to by the barangay secretary.

e) 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.

f) 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 this
Code.

2. Oath and Term of Office (Sec. 400)

Upon appointment, each lupon member shall take an oath of office before the punong barangay. [Term
of office: 3 years]

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.

Early termination:

death

4.1 Katarungang Pambarangay 2

 change residence (transfer to other barangay)

change of place of birth

resignation

withdrawal of appointment by punong barangay

3. Vacancies (Sec. 401)

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.

unoccupied position

4. Functions of the Lupon (Sec. 402)

The lupon shall:

a. exercise administrative supervision over the conciliation panels [lupon] provided herein;

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; and

c. Exercise such other powers and perform such other duties and functions as may be
prescribed by law or ordinance.

5. Secretary of the Lupon (sec. 403)

The barangay secretary shall concurrently serve as the secretary of the lupon who shall:

a. record the results of [amicable settlement] mediation proceedings before the punong barangay;

b. submit a report thereon to the proper city or municipal courts; and

c. also receive and keep the records of proceedings submitted to him.

6. Pangkat ng Tagapagkasundo (Sec. 404)

a. There shall be constituted for each dispute brought before the lupon a conciliation
panel to be known as the Pangkat Tagapagkasundo, hereinafter referred 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.
Should the parties fail to agree on the Pangkat membership, the same shall be
determined by lots drawn by the lupon chairman.

4.1 Katarungang Pambarangay 3

 b. The three members constituting the Pangkat shall elect from among themselves the
chairman and the secretary.

pangkat chairman

pangkat secretary

pangkat members

The secretary shall:

1. Prepare the minutes of the Pangkat proceedings and submit a copy of the same
duly attested by the chairman to the lupon secretary, and to the proper city or
municipal court;

2. Issue and cause to be served notices to the parties concerned.

7. Vacancies in the Pangkat (Sec. 405)

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.

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

a) Shall be deemed as person in authority while they are in the performance of their official duties or on
the occasion thereof; and

b) They shall serve without compensation.

direct assault — govt employee

physical injuries — ordinary

9. Legal Advise on Matters Involving Questions of Law (Sec. 407)

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.

G. OFFENSES PUNISHABLE BY RPC COGNIZABLE BY THE LUPON

1. Alarms and Scandals (Art. 155);

2. Use of False Certificates (Art. 175);

3. Concealing One’s True Name and Other Personal Circumstances (Art. 178, part 2);

4.1 Katarungang Pambarangay 4

 4. Physical Injuries Committed in Tumultuous Affray (Art. 252);

5. Slight Physical Injuries and Maltreatment (Art. 266);

6. Other Forms of Trespass (Art. 281);

7. Other Light Threats (Art. 285);

8. Other Light Coercion or Unjust Vexations (Art. 287);

9. Some Forms of Thefts (Art. 308, par. 3, & Art. 309, par. 8)

10. Altering Boundaries or Landmarks (Art. 313);

11. Other Deceits (Art. 318);

12. Arson of Property of Small Value (Art. 323);

13. Social Cases of Malicious Mischief (Art. 328);

14. Other Mischief (Art. 329);

15. Slight Slander (Art. 358);

16. Slander by Deed Not of a Serious Nature (Art. 359);

17. Intriguing Against Honor (Art. 364);

18. Theft, Swindling or Malicious Mischief Committed or Caused by Certain Relatives,

Where There is No Criminal but Only Civil Liability.

All these offenses are punishable by imprisonment not exceeding 30 days and/or
fine not exceeding P200.00.

Under the New Local Government Code, all offenses punishable by at least one
(1) year imprisonment and P5,000.00 fine is now within the Jurisdiction of the Lupon.
Also cognizable by the barangay lupon (courts) are violators of municipal ordinances which are
similarly punishable as the above mentioned offenses under the penal code.

H. OTHER CASES COGNIZABLE BY THE LUPON AND EXCEPTIONS (Sec. 408)

The Lupon of each barangay shall have authority to bring together the parties actually residing in the
same municipality or city for amicable settlement of all disputes, except:

1. Where one party is the government of any subdivision or instrumentality thereof;

2. Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;

3. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five
Thousand Pesos (P500.00);

4. Offenses where there is no private offended party;

4.1 Katarungang Pambarangay 5

 5. 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;

6. Disputes involving parties who actually reside in barangays of different cities or

municipalities, except where such barangay units adjoin each their differences to
amicable settlement by an appropriate lupon;

7. Such other classes of disputes which the President may determine in the interest of justice
or upon the recommendation of the Secretary of Justice;

8. Any complaint by or against corporations, partnerships, or judicial entities;

9. Dispute where urgent legal action is necessary to prevent injustice from being
committed or further continued, specifically the following;

a criminal case where the accused is under police custody or detention,

a petition for habeas corpus by a person illegally detained or deprived of his

liberty or one acting in his behalf,

actions coupled with provisional remedies, such as preliminary injunction,

attachment, replevin and support pendente lite; and

where the action may be barred by the statute of limitations;

10. Labor disputes or controversies arising from employer-employee relationship (Montoya

vs. Escaño, et. al, 17 SCRA 442: Art. 228, Labor code as amended);

11. Where the dispute arises out from the Comprehensive Agrarian Reform Law (Secs. 46 &
47, RA 6657);

12. Actions to annul judgment upon a compromise which can be filed directly in court
(Sanchez vs. Tupas, 158 SCRA 459).

“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 the trial, motu propio refer the case to the lupon
concerned for amicable settlement.”

I. VENUE (Sec. 409)

a. Disputes between persons actually residing in the same barangay shall be brought
before the lupon of the 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; and

4.1 Katarungang Pambarangay 6

 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.

J. PROCEDURE FOR AMICABLE SETTLEMENT (Sec. 410)

a. 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 of the barangay.

b. 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 mediation of their conflicting interests. If he fails in
his mediation effort within 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.

c. 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 period shall resume upon receipt by the complainant of
the complaint or the certificate of repudiation or of the certification to file action by the lupon or
Pangkat secretary provided that such interruption shall not exceed 60 days from the filing of the

4.1 Katarungang Pambarangay 7

 complaint with the punong
barangay.

d. The Pangkat shall convene not later than 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 possibilities of amicable settlement.

e. The Pangkat shall arrive at a settlement or resolution of the dispute within 15 days from
the day it convenes. This period shall, at the discretion of the Pangkat, be extendible
for another period which shall not exceed 15 days, except in clearly meritorious cases.

K. FORM OF SETTLEMENT (Sec. 411)

All amicable settlement 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.

Kinds of Amicable Settlement

L. CONCILIATION (Sec. 412)

a. 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

4.1 Katarungang Pambarangay 8

 that no conciliation or settlement has been reached as certified by the lupon secretary or Pangkat
secretary as attested to by the lupon chairman or Pangkat chairman or unless the settlement has
been repudiated by the parties thereto.

b. The parties may go directly to court in the following instances:

a. where the accused is under detention;

b. where a person has otherwise been deprived of personal liberty calling for habeas corpus;

c. where actions are coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property, and support pendente lite; and

d. where the action may otherwise be barred by the statute limitations.

c. The customs and traditions of indigenous cultural communities shall be applied in settling disputes
between members.

M. ARBITRATION (Sec. 41)

a. The parties may, at any stage of the proceedings, agree in writing that they shall abide by the
arbitration award of the lupon chairman or the Pangkat. such agreement to arbitrate may be
repudiated within 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 10 days hereafter.

b. The arbitration award shall be in writing in a language or dialect known to the parties.

N. PROCEEDINGS OPEN TO THE PUBLIC (Sec. 414)

Except when a party request that the public be excluded from the proceedings
in the interest of privacy, decency, or public morals.

O. APPEARANCE OF PARTIES IN PERSON (Sec. 415)

In all 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.

P. EFFECT OF AMICABLE SETTLEMENT AND ARBITRATION (Sec. 416)

It shall have the force and effect of a final judgment of a court upon the expiration of 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 shall not apply to court cases settled by the lupon under last par of sec. 408, in which
case the compromise settlement agreed upon by the parties before the lupon chairman or Pangkat
chairman shall be submitted to the court and upon approval thereof, have the force and effect of a
judgment of said court.

Q. EXECUTION (sec. 417)

4.1 Katarungang Pambarangay 9

 The amicable settlement or arbitration award may be enforced by execution by the lupon within 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.

R. REPUDIATION (Sec. 418)

Any party to the dispute may within 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.

S. TRANSMITTAL OF SETTLEMENT AND ARBITRATION AWARD TO THE COURT (Sec. 419)

The secretary of the lupon shall transmit the settlement or arbitration award to the appropriate city or
municipal court within 5 days from the date of the award or from the lapse of the ten-day period or
repudiating the settlement and shall furnish copies thereof to each of the parties to the settlement and
the lupon chairman.

T. POWER TO ADMINISTER OATHS (Sec. 420)

The punong barangay as chairman of the lupon 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 pambarangay.

U. ADMINISTRATION: RULES AND REGULATIONS (Sec. 421)

The city or municipal mayor, 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.

V. APPROPRIATIONS (Sec. 422)

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.

LEC: Katarungang Pambarangay

It is a system of amicably settling disputes among families in barangay levels without judicial
recourse.

Adminstration of justice in the barangay level.

Amicable settlement
— resolution between disputing parties without resorting to judicial processes.

— not going to court; resolves the dispute within the barangay level.

4.1 Katarungang Pambarangay 10

 Objectives of KP:

1. Promote speedy administration of justice

45 days for purposes of proceedings.

courts = years.

justice delayed is justice denied.

2. Perpetuate the time-honored tradition of settling disputes amicable for the maintenance of
peace and order.

disputing parties would be talking with each other;

try to seek forgiveness from each other

settling disputes amicably for the maintenance of peace and order

3. Implement the Constitutional mandate, preserve and develop Filipino culture

KP is part of the Filipino culture.

Amicable settlement is the original manner of settling disputes.

4. Relieve the courts of docket congestion and thereby enhance the quality of justice
dispensation.

Through KP, it is lessening the number of cases filed in court.

not wanting justice to be delayed.

Legal Foundation

PD 1508 — KP law

amended by RA 7160

local government code of 1991

amendments:

Salient Provisions
important features or provisions of the law

1. Baranggay settlement is a prerequisite to the filing of a case in court. [condition cine quanon] —
indispensable

not all cases require amicable settlement (eg. murder, homicide, rape)

cases or crimes punishable by an imprisonment of one year and below require amicable
settlement; fine at least of 1000.

4.1 Katarungang Pambarangay 11

 premature filing — filing of a case in court without the requisite amicable settlement [no
amicable settlement = case dismissed]

2. Lawyers are not allowed during amicable settlements

the lawyer might convince the disputing parties not to settle

Lupong Tagapamayapa
LUPON.

Qualifications:

1. Residing or working in the barangay

2. Not disqualified by law [allowed by law =

provision of revised penal code; penalties: perpetual or temporary special disqualification
deprivation of public office or employment

3. Possessing integrity, impartiality, independence of mind, and sense of fairness

4. Reputation for probity

Composes of:

1. Punong Barangay

Lupon Chairman

2. Barangay Secretarty

barangay secretary, lupon secretary

3. 10 to 20 Lupon Members

appointed by punong barangay

within 15 days from said start to prepare a notice to constitute the lupon

names of proposed members on those who express their willingness to serve as a lupon
member

The notice would be posted in 3 conspicuous areas in the barangay for 3 weeks.

— recommendations, objections, comments, of the members of the barangay

shall be in writing and signed by the punong barangay and attested by the barangay secretary.

— posting the list of appointed members (until end of term)

4.1 Katarungang Pambarangay 12

 4.2 RESTORATIVE JUSTICE
Restorative Justice is commonly known as a theory of criminal justice that focuses on crime as an act
by an offender against another individual or community rather than the state. Dialog between the
offending person and the person who has been harmed is a central process within restorative justice.
The person who has harmed takes responsibility for their actions and the person who has been harmed
is able to take a central role in the process, in many instances receiving an apology and reparation
directly or indirectly from the person who has caused the harm through the use of a mediator or
facilitator.

https://www.unodc.org/pdf/criminal_justice/Handbook_on_Restorative_Justice_Programmes.pdf

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4.1 Katarungang Pambarangay 14