ADMINISTRATIVE CIRCULAR NO.

14-93

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

SUBJECT:
GUIDELINES ON THE KATARUNGANG PAMBARANGAY CONCILIATION
PROCEDURE TO PREVENT CIRCUMVENTION OF THE REVISED
KATARUNGANG PAMBARANGAY LAW [SECTIONS 399-422, CHAPTER
VII, TITLE I, BOOK III, R. A. 7160, OTHERWISE KNOWN AS THE LOCAL
GOVERNMENT CODE OF 1991].

The Revised Katarungang Pambarangay Law under R. A. 7160, otherwise

known as the Local Government Code of 1991, effective on January 1, 1992
and which repealed P. D. 1508, introduced substantial changes not only in the
authority granted to the Lupong Tagapamayapa but also in the procedure to
be observed in the settlement of disputes within the authority of the Lupon. cralaw

In order that the laudable purpose of the law may not be subverted and its
effectiveness undermined by indiscriminate, improper and/or premature
issuance of certifications to file actions in court by the Lupon or Pangkat
Secretaries, attested by the Lupon/Pangkat Chairmen, respectively, the
following guidelines are hereby issued for the information of trial court judges
in cases brought before them coming from the Barangays: chan roble s virtual law li bra ry

I. All disputes are subject to Barangay conciliation pursuant to the Revised

Katarungang Pambarangay Law [formerly P. D. 1508, repealed and now
replaced by Secs. 399-422, Chapter VII, Title I, Book III, and Sec. 515, Title
I, Book IV, R.A. 7160, otherwise known as the Local Government Code of
1991], and prior recourse thereto is a pre-condition before filing a complaint
in court or any government offices, except in the following disputes:

[1] Where one party is the government, or 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] 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;

[4] Any complaint by or against corporations, partnerships or juridical

entities, since only individuals shall be parties to Barangay conciliation
proceedings either as complainants or respondents [Sec. 1, Rule VI,
Katarungang Pambarangay Rules];

[5] Disputes involving parties who actually reside in barangays of

different cities or municipalities, except where such barangay units
adjoin each other and the parties thereto agree to submit their
differences to amicable settlement by an appropriate Lupon;
 [6] Offenses for which the law prescribes a maximum penalty of
imprisonment exceeding one [1] year or a fine of over five thousand
pesos (P5,000.00);

[7] Offenses where there is no private offended party;

[8] Disputes where urgent legal action is necessary to prevent injustice

from being committed or further continued, specifically the following: cha nrob les vi rtua l law

libra ry

[a] Criminal cases where accused is under police custody or

detention [See Sec. 412 (b) (1), Revised Katarungang
Pambarangay Law];

[b] Petitions for habeas corpus by a person illegally deprived of

his rightful custody over another or a person illegally deprived of
or on acting in his behalf;

[c] Actions coupled with provisional remedies such as preliminary

injunction, attachment, delivery of personal property and support
during the pendency of the action; and cralaw

[d] Actions which may be barred by the Statute of Limitations.

[9] Any class of disputes which the President may determine in the
interest of justice or upon the recommendation of the Secretary of
Justice;

[10] Where the dispute arises from the Comprehensive Agrarian Reform
Law (CARL) [Secs. 46 & 47, R. A. 6657];

[11] Labor disputes or controversies arising from employer-employee

relations [Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor
Code, as amended, which grants original and exclusive jurisdiction over
conciliation and mediation of disputes, grievances or problems to certain
offices of the Department of Labor and Employment];

[12] Actions to annul judgment upon a compromise which may be filed

directly in court [See Sanchez vs. Tupaz, 158 SCRA 459]. cralaw

II. Under the provisions of R. A. 7160 on Katarungang Pambarangay

conciliation, as implemented by the Katarungang Pambarangay Rules and
Regulations promulgated by the Secretary of Justice, the certification for filing
a complaint in court or any government office shall be issued by Barangay
authorities only upon compliance with the following requirements: c han roblesv irt uallawl ibra ry

[1] Issued by the Lupon Secretary and attested by the Lupon Chairman
(Punong Barangay), certifying that a confrontation of the parties has
taken place and that a conciliation settlement has been reached, but the
same has been subsequently repudiated (Sec. 412, Revised
 Katarungang Pambarangay Law; Sec. 2[h], Rule III, Katarungang
Pambarangay Rules);

[2] Issued by the Pangkat Secretary and attested by the Pangkat

Chairman certifying that: chan rob lesvi rtual lawlib rary

[a] a confrontation of the parties took place but no

conciliation/settlement has been reached (Sec. 4[f], Rule III,
Katarungang Pambarangay Rules); or

[b] that no personal confrontation took place before the Pangkat

through no fault of the complainant (Sec. 4[f], Rule III,
Katarungang pambarangay Rules).

[3] Issued by the Punong Barangay as requested by the proper party on

the ground of failure of settlement where the dispute involves members
of the same indigenous cultural community, which shall be settled in
accordance with the customs and traditions of that particular cultural
community, or where one or more of the parties to the aforesaid dispute
belong to the minority and the parties mutually agreed to submit their
dispute to the indigenous system of amicable settlement, and there has
been no settlement as certified by the datu or tribal leader or elder to
the Punong Barangay of place of settlement (Secs. 1,4 & 5, Rule IX,
Katarungang Pambarangay Rules); and

[4] If mediation or conciliation efforts before the Punong Barangay

proved unsuccessful, there having been no agreement to arbitrate (Sec.
410 [b], Revised Katarungang Pambarangay Law; Sec. 1, c. (1), Rule
III, Katarungang Pambarangay Rules), or where the respondent fails to
appear at the mediation proceeding before the Punong Barangay (3rd
par. Sec. 8, a, Rule VI, Katarungang Pambarangay Rules), the Punong
Barangay shall not cause the issuance at this stage of a certification to
file action, because it is now mandatory for him to constitute the
Pangkat before whom mediation, conciliation, or arbitration proceedings
shall be held.cra law

III. All complaints and/or informations filed or raffled to your sala/branch of

the Regional Trial Court shall be carefully read and scrutinized to determine if
there has been compliance with prior Barangay conciliation procedure under
the Revised Katarungang Pambarangay Law and its Implementing Rules and
Regulations as a pre-condition to judicial action, particularly whether the
certification to file action attached to the records of the case comply with the
requirements hereinabove enumerated in Par. II;

IV. A case filed in court without compliance with prior Barangay conciliation
which is a pre-condition for formal adjudication (Sec. 412 [a] of the Revised
Katarungang Pambarangay Law) may be dismissed upon motion of
defendant/s, not for lack of jurisdiction of the court but for failure to state a
cause of action or prematurity (Royales vs. IAC, 127 SCRA 470; Gonzales vs.
CA, 151 SCRA 289), or the court may suspend proceedings upon petition of
any party under Sec. 1, Rule 21 of the Rules of Court; and refer the case motu
proprio to the appropriate Barangay authority applying by analogy Sec. 408
[g], 2nd par., of the Revised Katarungang Pambarangay Law which reads as
follows: cha nro bles vi rtua l law lib ra ry

"The court in which non-criminal cases not falling within the authority of
the Lupon under this Code are filed may, at any time before trial, motu
proprio refer case to the Lupon concerned for amicable settlement.

Strict observance of these guidelines is enjoined. This Administrative Circular

shall be effective immediately.

Manila, Philippines; July 15, 1993.

[Sgd.] ANDRES R. NARVASA

Chief Justice

Barangay Justice System

(Katarungang Pambarangay)
An alternative, community-based mechanism
in the Philippines

Overview
The barangays are the smallest political subdivisions in the Philippines. The Katarungang
Pambarangay (KP) or Barangay Justice System (BJS) is an alternative, community-
based mechanism for dispute resolution of conflicts between members of the same
community.

The BJS provides a venue for disputing parties to search for a mutually acceptable
solution. Other members of the communities act as intermediaries, facilitating the
discussion of possible solutions.

The BJS formalized the Filipino tradition to seek help of community elders or tribe leaders
in resolving disputes between members of the same community, and uses the Punong
Barangay (highest elected official in a barangay) and the Lupon members (committee of
respected community members).

It is only when the BJS has failed to resolve the dispute that the parties are allowed to
bring their case to court.
Who can access it?
Individual residents of Barangay can file a complaint to their Punong Barangay. If the
parties are from different barangays, the dispute will be settled in the barangay at the
choice of the complainant. Cooperatives or people’s organizations can go directly to court
without mediation or conciliation.

How does it work?

Mediation

A complaint is filed in the Lupon (committee) at a minimal filing fee. The Punong Barangay
facilitates the mediation process and explains the process, objectives and rules of the
mediation. Each party is given time to explain their point of view. If no settlement is
reached following the mediation, the parties can try to resolve their dispute through
conciliation.

Conciliation

The conciliators (Pangkat Tagapagkasundo) are known and respected by both parties in
the dispute, and are constituted by the Punong Barangay from the Lupon. The three
members of the Pangkat are chosen by the parties. The Pangkat shall hear both parties
and explore the possibilities for amicable settlement. The amicable settlement reached in
conciliation has the force and effect of a final judgment of a court and can be enforced
within 6 months from the date of settlement by filing a motion in court.

If no settlement is reached, the parties can use a certification to file action for filing a case
in court.

Arbitration

Arbitration can take place at any stage of the proceedings, as long as both parties agree
in writing to abide by the arbitration award of the Lupon or Pangkat.

Enforcement
If a settlement is reached through either mediation, conciliation or arbitration, and the
party has not complied with the settlement or arbitration award, the Punong Barangay
executes the settlement by taking possession of sufficient personal property of the party
obliged, which can be sold and the proceeds applied to the amount.

Appeal
An amicable settlement has force and effect of a final judgment of a court after ten days
from the date of the settlement, unless a protest or repudiation of the settlement is made.
Only when the BJS has failed to resolve the dispute, can the parties bring their case to
court.

LAWYERS: KEEP OUT (The Katarungang Pambarangay Law)

By Siesta-friendly

What do you call a law prohibiting lawyers from participating in a justice system? Promising?

Unfortunately, we do not have statistics on how effective and successful the informal justice system
known as the “Katarungang Pambarangay” has been. But the mere fact that lawyers are barred from
the proceedings should be success enough.

Anyway, should you have any problem against someone, it is crucial to know the rules on the
Katarungang Pambarangay, as you will read below.

General Rule

The general rule is that the Lupon Tagapamayapa (Committee for Peace) 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”. So, provided they do not fall under the exceptions, all disputes must first be
submitted for possible conciliation at the barangay level, before any court or other government body
can take jurisdiction.

Exceptions

Naturally, there are cases that are best handled by the courts, the Office of the Ombudsman, the
National Labor Relations Commission, the Securities and Exchange Commission, etc. So we have
exceptions to the general rule above, which are:

1. Where one party is the government, or 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. 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;

4. Any complaint by or against corporations, partnerships or juridical entities, since only individuals
shall be parties to Barangay conciliation proceedings either as complainants or respondents [Sec. 1, Rule
VI, Katarungang Pambarangay Rules];

5. Disputes involving parties who actually reside in barangays of different cities or municipalities,
except where such barangay units adjoin each other and the parties thereto agree to submit their
differences to amicable settlement by an appropriate Lupon;

6. Offenses for which the law prescribes a maximum penalty of imprisonment exceeding 1 year or
a fine of over P5,000.00;

7. Offenses where there is no private offended party;

8. Disputes where urgent legal action is necessary to prevent injustice from being committed or
further continued, specifically the following:

a. Criminal cases where accused is under police custody or detention;

b. Petitions for habeas corpus by a person illegally deprived of his rightful custody over another or
a person illegally deprived of or on acting in his behalf;

c. Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery
of personal property and support during the pendency of the action; and

d. Actions which may be barred by the Statute of Limitations.

9. Any class of disputes which the President may determine in the interest of justice or upon the
recommendation of the Secretary of Justice;

10. Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) [Secs. 46 & 47,
R. A. 6657];
11. Labor disputes or controversies arising from employer-employee relations [Montoya vs. Escayo,
et al., 171 SCRA 442; Art. 226, Labor Code, as amended], which grants original and exclusive jurisdiction
over conciliation and mediation of disputes, grievances or problems to certain offices of the Department
of Labor and Employment];

12. Actions to annul judgment upon a compromise which may be filed directly in court [Sanchez vs.
Tupaz, 158 SCRA 459];

13. Where the dispute involves members of the same indigenous cultural community, such dispute
shall be settled in accordance with the customs and traditions of that particular cultural community, or
where one or more of the parties to the aforesaid dispute belong to the minority and the parties
mutually agreed to submit their dispute to the indigenous system of amicable settlement [Sec. 412 [c],
R.A. 7160]

A court in which non-criminal cases not falling within the authority of the Lupon are filed, at any time
before trial, may motu proprio refer the case to the Lupon concerned for amicable settlement. [Sec. 408
[g], 2nd par.]

The courts are strict about these rules. 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 (1) there has been a confrontation between the parties
before the Punong Barangay or the Pangkat, and that (2a) no conciliation or settlement has been
reached as certified by the Lupon secretary or Pangkat secretary as attested to by the Lupon or Pangkat
chairman or unless (2b) the settlement has been repudiated by the parties thereto.[4]

Cases filed in court without first going through barangay conciliation when required “may be dismissed
upon motion of defendant/s … for failure to state a cause of action or prematurity”.[5]

Venue[6]

So exactly with which Lupon should one file a complaint?

a. Disputes between persons actually residing in the same barangay shall be brought for amicable
settlement before the Lupon of said barangay.

b. Those involving actual residents of different barangays within the same city or municipality shall
be brought in the barangay where the respondent or any of the respondents actually resides, at the
election of the complaint.
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.

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 (Lupon
Chairman); otherwise, they are deemed waived. Any legal question which may confront the punong
barangay in resolving objections to venue may be submitted to the Secretary of Justice, or his duly
designated representative, whose ruling shall be binding.

Procedure

Mediation by the Punong Barangay / Lupon Chairman

1. Upon payment of the appropriate filing fee (not less than P5.00 nor more than P20.00)[8], any
individual who has a cause of action against another may complain, orally or in writing, to the Punong
Barangay.

2. Upon receipt of the complaint, the Punong Barangay 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
not later than 5 days from date thereof[9] for mediation of their conflicting interests.

3. The respondent shall answer the complaint, orally or in writing, by denying specifically the
material averments of the complaint and/or alleging any lawful defense. He may also interpose a
counterclaim against complainant, a cross-claim against a co-respondent or a third-party complaint
against one not yet a party to the proceedings.

4. Upon successful conclusion of his mediation effort, the Punong Barangay shall reduce to writing
in a language or dialect known to the parties the terms of the settlement agreed upon by them, have
them sign the same, and attest to its due execution.

5. If the Punong Barangay fails in his mediation efforts within 15 days from the first meeting of the
parties before him, or where the respondent fails to appear at the mediation proceeding before the
Punong Barangay[12], he shall set a date for the constitution of the Pangkat Tagapagkasundo[13] (Panel
for Conciliation).

Conciliation by the Pangkat Tagapagkasundo

6. The Pangkat shall convene not later than 3 days from its constitution, on the day and hour set by
the Punong Barangay, to hear both parties and their witnesses, simplify issues, and explore all
possibilities for amicable settlement. The Pangkat may also issue summons for the personal appearance
of parties and witnesses.

If a party moves to disqualify any member of the Pangkat by reason of relationship, bias, interest, or any
other similar grounds, the matter shall be resolved by the affirmative vote of the majority of the Pangkat
whose decision shall be final. Should disqualification be decided upon, the vacancy shall be filled by
drawing lots [See Sec. 404, R.A. 7160].

7. Respondent's refusal or willful failure to appear without justifiable reason before the Pangkat,
as determined by the latter after notice and hearing, shall be a sufficient basis for the issuance of a
certification for filing complainant's cause of action in court or with the proper government agency or
office.

8. 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 Pangkat’s discretion, be extendible for another period which shall
not exceed 15 days, except in clearly meritorious cases.

Informal but Orderly Proceedings

The Punong Barangay and the Pangkat shall proceed to hear the matter in dispute in an informal but
orderly manner, without regard to technical rules of evidence, and as is best calculated to effect a fair
settlement of the dispute and bring about a harmonious relationship of the parties.

Proceedings before the Punong Barangay shall be recorded by the Lupon Secretary while those before
the Pangkat shall be recorded by the Pangkat Secretary. The record shall note the date and time of
hearing, appearance of parties, names of witnesses and substance of their testimonies, objections and
resolutions, and such other matters as will be helpful to a full understanding of the case.
Public Proceedings[16]

All proceedings for settlement shall be public and informal but the Punong Barangay 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.

Personal Appearance; No Lawyers

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. Total ban. Sweet.

Sanctions for Failure to Appear

In case a party fails to appear for mediation, the Punong Barangay / Pangkat Chairman shall set a date
for the absent party/ies to appear before him to explain the reason for the failure to appear.

If the Punong Barangay / Pangkat Chairman finds after hearing that the failure or refusal of the
complainant to appear is without justifiable reason, he shall (1) dismiss the complaint; (2) direct the
issuance of and attest to the certification to bar the filing of the action in court or any government
office; and (3) apply with the local trial court for punishment of the recalcitrant party as for indirect
contempt of court.

In case of similar willful failure or refusal of the respondent to appear for mediation before the Punong
Barangay / Pangkat Chairman (as may be applicable), the latter shall: (1) dismiss the respondent's
counterclaim; (2) direct the issuance of and attest to the certification (i) to bar the filing of respondent's
counterclaim in court/government office, and if already under conciliation, (ii) to file complainant's
action in court/government office; (3) apply with the local trial court for punishment of the recalcitrant
party as for indirect contempt of court; and (4) if still under mediation, the Punong Barangay shall set a
date for the parties to appear before him for the constitution of the Pangkat.

The Punong Barangay shall apply, in similar manner, for the punishment of a recalcitrant witness who
willfully fails or refuses to appear, as for indirect contempt of court.
Suspension of Prescriptive Period

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 the complaint with the Punong
Barangay. The prescriptive periods shall resume upon receipt by the complainant of the certificate of
repudiation or of the certification to file action issued by the Lupon or Pangkat Secretary. Such
interruption, however, shall not exceed 60 days from said filing of the complaint.

Repudiation of Settlement

Any party to the dispute may, within 10 days from the date of the settlement, repudiate the same by
filing with the Punong Barangay 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 in court or any government office. Failure to repudiate the
settlement within the aforesaid time limit shall be deemed a waiver of the right to challenge on said
grounds.

Settlement as Final Judgment

The amicable settlement and arbitration award 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.
Except that in cases where the court motu proprioreferred a non-criminal case to the Lupon which is not
within the latter’s jurisdiction, the compromise settlement agreed upon shall first be submitted to the
court and upon approval thereof, have the force and effect of a judgment of said court.

Execution
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.

The secretary of the Lupon shall transmit the settlement or the arbitration award to the appropriate city
or municipal court within 5 days from the date of the award or from the lapse of the 10-day period
repudiating the settlement and shall furnish copies thereof to each of the parties to the settlement and
the Punong Barangay.

The Katarungan Pambarangay law is embodied in the Local Government Code and thus comes part of
the government’s hopes for decentralization and local government empowerment and the aim of
providing accessible and non-adversarial dispute resolution. And in the pursuit of these hopes and aims,
lawyers are deemed an obstruction.

WHAT IS THE PROCEDURE IN THE KATARUNGAN PAMBARANGAY

LAW?
1. 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
2. Prescriptive periods shall resume upon receipt by the complainant
of the complaint or the certificate of repudiation or of the certification to file
action filed by the Lupon or Pangkat secretary
3. Provided however, that such interruption shall not exceed 60 days from the
filing of the complaint with the Punong Barangay

WHAT ARE THE EXCEPTIONS TO THE RULE?

1. Where the accused is under detention
2. Where a person has been otherwise deprived of personal liberty calling
for habeas corpus proceedings
3. Where actions are coupled with provisional remedies
4. Where the action may be barred by the statute of limitations