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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. Not part of the Philippine Judicial System
d. 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.

e. 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

f. 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;
"Mediation-Arbitration" or Med-Arb is a step
dispute resolution process involving both
mediation and arbitration.

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

c. Conciliation

3. Objectives:
a. Settle disputes within the basic political unit
b. Speedy administration of Justice

the

family as

the

basic

b. Exceptions:
i. Section 408, LGC, Section 2 Rules VI IRR

c. Preserve and develop Filipino culture


d. Strengthen
institution

5. Jurisdiction
a. General Rule All disputes involving parties
who actually reside in the same city or
municipality

social

e. Minimize indiscriminate filing of cases


f. Decongest court dockets
g. Enhance quality of justice dispense by the
courts

ii. Violence against women and


children (Section 33, RA 9262)

their

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)

4. Parties cognizable
a. Only individuals

- settled in accordance with the


recognized customs and traditions

c. Jurisprudence
i. Tavora v. Veloso, 117 SCRA 613 (1982)
ii. Garces v. Court of Appeals, 162 SCRA 504
(1988)

7. Legal Effect
a. Suspension of the prescriptive periods of offense
during the settlement of dispute

iii. Domingo v. Judge Rosero, GR 70245, May


5 1989

i. Uy v. Judge Contreras, 237 SCRA 167


(1994)

iv. Blardony Jr. v. Coscolluela Jr. 182 SCRA


825, 1990

b. Condition precedent for filing action in court or


any government agency

v. Sps. Morata v. Sps. Go. GR L- 62339,


October 27, 1983

i. Sps. Santos v. Sps Lumbao, GR 169129,


March 28, 2007

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

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
(Section 417, LGC)

of

judegment/award

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
non-compliance 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 coextensive 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.

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