CRIMINAL and

CIVIL CASES under

the
KATARUNGANG
PAMBARANGAY
By: Atty. Hector Christopher “Jay-Arh” M.
Salise, Jr.
Subject Matter
for Amicable
Settlement
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:(Sec. 408, RA 7160)
Term “actually residing” –
denotes physical presence
in a place or bodily
presence.
• The barangay where one stays
regularly during workdays is the
actual residence (Garces vs. CA 162
SCRA 525 (1988);
• Transient or temporary resident not
a proper party (Domingo vs. Rosero,
173 SCRA 135);
• Periodic sojourners, not a proper
party (Bejer vs. CA 169 SCRA 566).
• Where one party is the
government, or any
subdivisions or
instrumentality thereof;

• Where one party is the

government officers or
employee, and the
dispute relates to the
performance of his
official functions;
• Where the dispute involves real
properties located in different
cities and municipalities, unless
the parties thereto agree to submit
their difference to amicable
settlement by an appropriate
Lupon;

• Any complaints 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 KP Rules)
• Offenses for which the law
prescribes a maximum
penalty of imprisonment
exceeding one (1) year or a
fine over five thousand
pesos (P5,000.00);
 Imprisonment is the deprivation of liberty
by judicial decree through commitment of
the offender for a fixed duration to any
correctional facility.
 Fine is the fixed monetary sanction
imposed by a judge based on the severity of
the crime committed and the ability of the
offender to pay. It is imposed either as a
principal or alternative penalty for the
commission of a crime.
• Offenses where there is no
private offended party;

• Disputes involving parties

who actually reside in
barangays of different
cities or municipalities,
except where such barangay
units adjoin each other the
parties thereto agree to
submit their differences to
amicable settlement by an
appropriate Lupon;
List of Criminal Cases
within the Katarungang
Pambarangay
Offenses which the maximum penalty of
imprisonment do not exceed one (1) year or a
fine not over five thousand pesos (P5,000.00);

• Nota Bene: If the penalty prescribed is

Imprisonment “and/or” Fine, the determining
factor should be the Imprisonment.
 Duration of Penalties
• Article 27. Reclusion perpetua. - Any person
sentenced to any of the perpetual penalties
shall be pardoned after undergoing the
penalty for thirty years, unless such person
by reason of his conduct or some other
serious cause shall be considered by the
Chief Executive as unworthy of pardon.
• Reclusion temporal. - The penalty of
reclusion temporal shall be from twelve years
and one day to twenty years.
• Prision mayor and temporary
disqualification. - The duration of the
penalties of prision mayor and temporary
disqualification shall be from six years and
one day to twelve years, except when the
penalty of disqualification is imposed as an
accessory penalty, in which case its duration
shall be that of the principal penalty.
• Prision correccional, suspension, and
destierro. - The duration of the penalties
of prision correccional, suspension and
destierro shall be from six months and
one day to six years, except when
suspension is imposed as an accessory
penalty, in which case, its duration shall
be that of the principal penalty.
• Arresto mayor. - The duration of the
penalty of arresto mayor shall be from
one month and one day to six months.
• Arresto menor. - The duration of the
penalty of arresto menor shall be from
one day to thirty days.
• Bond to keep the peace. - The bond to
keep the peace shall be required to
cover such period of time as the court
may determine.
 Art. 155. Alarms
and scandals.—
• The penalty of arresto menor or a fine not
exceeding Forty thousand pesos (₱40,000)
shall be imposed upon:

• "1. Any person who within any town or

public place, shall discharge any firearm,
rocket, firecracker, or other explosives
calculated to cause alarm or danger;

• "2. Any person who shall instigate or take

an active part in any charivari or other
disorderly meeting offensive to another or
prejudicial to public tranquility;
• "3. Any person who, while wandering
about at night or while engaged in any
other nocturnal amusements, shall
disturb the public peace; or

• "4. Any person who, while intoxicated

or otherwise, shall cause any
disturbance or scandal in public
places: Provided, That the
circumstances of the case shall not
make the provisions of Article 153
applicable."
Art. 174. False
medical certificates,
false certificates of
merits or service,
etc. -

• The penalty of arresto

mayor shall be imposed
upon any private person
who shall falsify a
certificate
Art. 178. Using fictitious
name and concealing true
name -
• The penalty of arresto mayor and a fine
not to exceed One hundred thousand
pesos (₱100,000) shall be imposed upon
any person who shall publicly use a
fictitious name for the purpose of
concealing a crime, evading the
execution of a judgment or causing
damage.

• "Any person who conceals his true name

and other personal circumstances shall
be punished by arresto menor or a fine
not to exceed Forty thousand pesos
(₱40,000).
Art. 180. False testimony
against a defendant. -
• Any person who shall give false
testimony against the defendant in any
criminal case shall suffer:
4. The penalty of arresto mayor, if the
defendant shall have been sentenced to a
correctional penalty or a fine, or shall
have been acquitted.
• "In cases provided in subdivisions 3 and
4 of this article the offender shall further
a fine not to exceed Two hundred
thousand pesos (₱200,000)."
Art. 202. Prostitutes;
Penalty. -
• For the purpose of this article, women who, for
money or profit, habitually indulge in sexual
intercourse or lascivious conduct, are deemed to be
prostitutes.

• "Any person found guilty of any of the offenses

covered by this article shall be punished by arresto
menor or a fine not exceeding Twenty thousand pesos
(₱20,000),

• and in case of recidivism, by arresto mayor in its

medium period to prisión correccional in its minimum
period or a fine ranging from Twenty thousand pesos
(₱20,000) to Two hundred thousand pesos
(₱200,000), or both, in the discretion of the court.
Art. 259. Abortion
practiced by a
physician or midwife
and dispensing of
abortives. -
• Any pharmacist who, without the
proper prescription from a
physician shall dispense any
abortive shall suffer arresto mayor
and a fine not exceeding One
hundred thousand pesos
(₱100,000).
Art. 265. Less
serious physical
injuries. -
• Any person who shall inflict upon
another physical injuries not
described in the preceding
articles, but which shall
incapacitate the offended party for
labor for ten (10) days or more, or
shall require medical assistance
for the same period, shall be
guilty of less serious physical
injuries and shall suffer the
penalty of arresto mayor.
• Whenever less serious physical injuries
shall have been inflicted with the
manifest intent to insult or offend the
injured person, or under circumstances
adding ignominy to the offense, in
addition to the penalty of arresto mayor,
a fine not exceeding Fifty thousand
pesos (₱50,000) shall be imposed.

• Any less serious physical injuries

inflicted upon the offender’s parents,
ascendants, guardians, curators, teachers,
or persons of rank, or persons in
authority, shall be punished by prisión
correccional in its minimum and medium
periods: Provided, That in the case of
persons in authority, the deed does not
constitute the crime of assault upon such
persons.
Art. 266. Slight physical
injuries and
maltreatment. -
• The crime of slight physical injuries
shall be punished:

1. By arresto mayor when the

offender has inflicted physical
injuries which shall incapacitate the
offended party for labor from one
(1) days to nine (9) days, or shall
require medical attendance during
the same period.
2. By arresto menor or a fine not
exceeding Forty thousand pesos
(₱40,000) and censure when the
offender has caused physical
injuries which do not prevent the
offended party from engaging in his
habitual work nor require medical
assistance.

3. By arresto menor in its minimum

period or a fine not exceeding Five
thousand pesos (₱5,000) when the
offender shall ill-treat another by
deed without causing any injury.
Art. 269. Unlawful
arrest. -
• The penalty of arresto mayor and a
fine not exceeding One hundred
thousand pesos (₱100,000) shall be
imposed upon any person who, in
any case other than those
authorized by law, or without
reasonable ground therefor, shall
arrest or detain another for the
purpose of delivering him to the
proper authorities.
Art.
276. Abandoning a
minor. -
• The penalty of arresto mayor
and a fine not exceeding One
hundred thousand pesos
(₱100,000) shall be imposed
upon anyone who shall
abandon a child under seven
(7) years of age, the custody
of which is incumbent upon
him.
Art. 277. Abandonment of
minor by person entrusted with
his custody; Indifference of
parents. -
• The penalty of arresto mayor and a fine not
exceeding One hundred thousand pesos
(₱100,000) shall be imposed upon anyone
who, having charge off the rearing or
education of a minor, shall deliver said minor
to a public institution or other persons,
without the consent of the one who entrusted
such child to his care or in the absence of the
latter, without the consent of the proper
authorities.

• The same penalty shall be imposed upon the

parents who shall neglect their children by
not giving them the education which their
station in life requires and financial condition
permits.
Art. 280. Qualified
trespass to
dwelling. -
• Any private person who shall
enter the dwelling of another
against the latter’s will shall be
punished by arresto mayor and a
fine not exceeding Two hundred
thousand pesos (₱200,000).
Art. 281. Other
forms of trespass. -
• The penalty of arresto menor or a
fine not exceeding Forty thousand
pesos (₱40,000), or both, shall be
imposed upon any person who shall
enter the closed premises or the
fenced estate of another, while either
or both of them are uninhabited, if
the prohibition to enter be manifest
and the trespasser has not secured the
permission of the owner or the
caretaker thereof.
Art. 282. Grave
threats. -
• Any person who shall threaten another
with the infliction upon the person,
honor or property of the latter or of his
family of any wrong amounting to a
crime, shall suffer:
• 2. The penalty of arresto mayor and a
fine not exceeding One hundred
thousand pesos (₱100,000), if the
threat shall not have been made subject
to a condition.
• 3. Any person who shall orally threaten
to do another any harm not constituting
a felony.
Art. 287. Light
coercions. -
• Any person who, by means of violence,
shall seize anything belonging to his
debtor for the purpose of applying the
same to the payment of the debt, shall
suffer the penalty of arresto mayor in its
minimum period and a fine equivalent to
the value of the thing, but in no case less
than Fifteen thousand pesos (₱15,000).
• "Any other coercions or unjust vexations
shall be punished by arresto menor or a
fine ranging from One thousand pesos
(₱1,000) to not more than Forty
thousand pesos (₱40,000), or both.
Art. 288. Other similar
coercions; (Compulsory
purchase of merchandise and
payment of wages by means of
tokens. -
• The penalty of arresto mayor or a fine ranging
from Forty thousand pesos (₱40,000) to One
hundred thousand pesos (₱100,000), or both,
shall be imposed upon any person, agent or
officer of any association or corporation who
shall force or compel, directly or indirectly, or
shall knowingly permit any laborer or employee
employed by him or by such firm or corporation
to be forced or compelled, to purchase
merchandise or commodities of any kind.
• "The same penalties shall be imposed upon any
person who shall pay the wages due a laborer or
employee employed by him, by means of tokens
or objects other than the legal tender currency of
the Philippines, unless expressly requested by
the laborer or employee.
Art. 289. Formation,
maintenance and prohibition of
combination of capital or labor
through violence or threats. -
• The penalty of arresto mayor and a fine not
exceeding Sixty thousand pesos (₱60,000)
shall be imposed upon any person who, for
the purpose of organizing, maintaining or
preventing coalitions of capital or labor,
strike of laborers or lock-out of employers,
shall employ violence or threats in such a
degree as to compel or force the laborers
or employees in the free and legal exercise
of their industry or work, if the act shall
not constitute a more serious offense in
accordance with the provisions of this
Code.
 Art. 290. Discovering secrets
through seizure of
correspondence. -
• The penalty of prisión correccional in
its minimum and medium periods and a
fine not exceeding One hundred
thousand pesos (₱100,000) shall be
imposed upon any private individual
who in order to discover the secrets of
another, shall seize his papers or letters
and reveal the contents thereof.

• If the offender shall not reveal such

secrets, the penalty shall be arresto
mayor and a fine not exceeding One
hundred thousand pesos (₱100,000).
Art. 291. Revealing
secrets with abuse of
office. -

• The penalty of arresto mayor and

a fine not exceeding One hundred
thousand pesos (₱100,000) shall
be imposed upon any manager,
employee or servant who, in such
capacity, shall learn the secrets of
his principal or master and shall
reveal such secrets."
 Art. 302. Robbery in an
uninhabited place or in
a private building. -
• Any robbery committed in an
uninhabited place or in a building
other than those mentioned in the first
paragraph of Article 299, if the value
of the property taken exceeds Fifty
thousand pesos (₱50,000), shall be
punished by prisión correccional in its
medium and maximum periods.

• When the value of the property taken

does not exceed Fifty thousand pesos
(₱50,000), the penalty next lower in
degree shall be imposed.
Article 308. Who
are liable for theft. -
• Theft is committed by any
person who, with intent to
gain but without violence
against or intimidation of
persons nor force upon things,
shall take personal property of
another without the latter's
consent.
• 5. Arresto mayor to its full extent,
if such value is over Five hundred
pesos (₱500) but does not exceed
Five thousand pesos (₱5,000).

• 6. Arresto mayor in its minimum

and medium periods, if such value
does not exceed Five hundred
pesos (₱500).
• 7. Arresto menor or a fine not exceeding
Twenty thousand pesos (₱20,000), if the
theft is committed under the
circumstances enumerated in paragraph 3
of the next preceding article and the value
of the thing stolen does not exceed Five
hundred pesos (₱500). If such value
exceeds said amount, the provisions of
any of the five preceding subdivisions
shall be made applicable.

• 8. Arresto menor in its minimum period

or a fine of not exceeding Five thousand
pesos (₱5,000), when the value of the
thing stolen is not over Five hundred
pesos (₱500), and the offender shall have
acted under the impulse of hunger,
poverty, or the difficulty of earning a
livelihood for the support of himself or
his family.
Art. 313. Altering
boundaries or
landmarks. -
• Any person who shall alter the
boundary marks or monuments of
towns, provinces, or estates, or
any other marks intended to
designate the boundaries of the
same, shall be punished by arresto
menor or a fine not exceeding
Twenty thousand pesos (₱20,000),
or both.
Art. 315. Swindling
(estafa). -
• Any person who shall defraud another
by any of the means mentioned
hereinbelow shall be punished by:

• 4th. By arresto mayor in its medium

and maximum periods, if such amount
does not exceed Forty thousand pesos
(₱40,000): Provided, That in the four
cases mentioned, the fraud be
committed by any of the following
means:
• 1. With unfaithfulness or abuse of
confidence, namely:

• (a) altering the substance,

quantity, or quality of anything
of value which the offender
shall deliver by virtue of an
obligation to do so, even though
such obligation be based on an
immoral or illegal
consideration.
• (b) By misappropriating or converting,
to the prejudice of another, money,
goods, or any other personal property
received by the offender in trust or on
commission, or for administration, or
under any other obligation involving
the duty to make delivery of or to
return the same, even though such
obligation be totally or partially
guaranteed by a bond; or by denying
having received such money, goods, or
other property.

• (c) By taking undue advantage of the

signature of the offended party in
blank, and by writing any document
above such signature in blank, to the
prejudice of the offended party or any
third person.
Art. 318. Other
deceits. -
• The penalty of arresto mayor and a fine
of not less than the amount of the
damage caused and not more than twice
such amount shall be imposed upon any
person who shall defraud or damage
another by any other deceit not
mentioned in the preceding articles of
this Chapter.
• "Any person who, for profit or gain,
shall interpret dreams, make forecasts,
tell fortunes, or take advantage of the
credulity of the public in any other
similar manner, shall suffer the penalty
of arresto mayor or a fine not exceeding
Forty thousand pesos (₱40,000)."
Article 327. Who are
liable for malicious
mischief. -
• Any person who shall
deliberately cause the
property of another any
damage
Art. 329. Other mischiefs. - The mischiefs
not included in the next preceding article
shall be punished:
1. By arresto mayor in its medium and
maximum periods, if the value of the
damage caused exceeds Two hundred
thousand pesos (₱200,000);
2. By arresto mayor in its minimum and
medium periods, if such value is over
Forty thousand pesos (₱40,000) but does
not exceed Two hundred thousand pesos
(₱200,000); and
3. By arresto menor or a fine of not less
than the value of the damage caused and
not more than Forty thousand pesos
(₱40,000), if the amount involved does not
exceed Forty thousand pesos (₱40,000) or
cannot be estimated.
Art. 356. Threatening to
publish and offer to prevent
such publication for a
compensation. -
• The penalty of arresto mayor or a
fine from Forty thousand pesos
(₱40,000) to Four hundred thousand
pesos (₱400,000), or both, shall be
imposed upon any person who
threatens another to publish a libel
concerning him or the parents,
spouse, child, or other member of the
family of the latter, or upon anyone
who shall offer to prevent the
publication of such libel for a
compensation or money
consideration.
Art. 358. Slander. -
• Oral defamation shall be punished
by arresto mayor in its maximum
period to prisión correccional in
its minimum period if it is of a
serious and insulting nature;
otherwise the penalty shall be
arresto menor or a fine not
exceeding Twenty thousand pesos
(₱20,000).
 Art. 359. Slander
by deed. -
• The penalty of arresto mayor in its
maximum period to prisión correccional in
its minimum period or a fine ranging from
Twenty thousand pesos (₱20,000) to One
hundred thousand pesos (₱100,000) shall be
imposed upon any person who shall
perform any act not included and punished
in this title, which shall cast dishonor,
discredit or contempt upon another person.

• If said act is not of a serious nature. the

penalty shall be arresto menor or a fine not
exceeding Twenty thousand pesos
(₱20,000).
Art.
364. Intriguing
against honor. -
• The penalty of arresto menor or
fine not exceeding Twenty
thousand pesos (₱20,000) shall
be imposed for any intrigue
which has for its principal
purpose to blemish the honor or
reputation of a person.
Art. 365. Imprudence
and negligence.—
• Any person who, by reckless
imprudence, shall commit any act
which, had it been intentional,
would constitute a less grave
felony, the penalty of arresto
mayor in its minimum and medium
periods shall be imposed; if it
would have constituted a light
felony, the penalty of arresto
menor in its maximum period shall
be imposed.
• Any person who, by simple imprudence
or negligence, shall commit an act which
would otherwise constitute a grave felony,
shall suffer the penalty of arresto mayor in
its medium and maximum periods; if it
would have constituted a less serious
felony, the penalty of arresto mayor in its
minimum period shall be imposed.

• When the execution of the act covered by

this article shall have only resulted in
damage to the property of another, the
offender shall be punished by a fine
ranging from an amount equal to the value
of said damages to three (3) times such
value, but which shall in no case be Less
than Five thousand pesos (₱5,000).