Katarungang pambarangay Presentation Transcript

1. Atty. Harve B. Abella, Esq. ABELLA & ABELLA LAW OFFICE 009 Salvador Street,
Labangon, Cebu City

2.

3. History of the Katarungang Pambarangay The establishment and operation of the

Barangay Justice System is mandated by Republic Act No. 7160 or the Local
Government Code of 1991. Prior to this law, however, the establishment of the Barangay
Justice System had been covered by Presidential Decree 1508 in 1978 and Batas
Pambansa Blg. 337 or the 1983 Local Government Code.

4. Objectives Under the Barangay Justice System, the main strategy for settling disputes
is to provide a venue for the disputing parties to search for a solution that is mutually
acceptable Assist the parties in discussing the possible amicable settlement of their
disputes. Do not act as judges or adjudicators of disputes but as facilitators for the
disputing parties discussion of possible solutions

5. Constitution of the Lupon Appointment of Lupon is the sole prerogative of the

Barangay Captain Does not require the approval, confirmation of the Barangay Council
What if the Barangay Captain fails to constitute the Lupon? He can be charged for
neglect of duty and be administratively liable

6. When to constitute the Lupon? WITHIN FIFTEEN ( 15 ) DAYS FROM THE START
OF THE TERM AS BARANGAY CAPTAIN, HE/SHE SHOULD ISSUE A NOTICE TO
CONSTITUTE THE LUPON AND PREPARE THE LIST OF THE NAMES OF
PROPOSED LUPON MEMBERS. Minimum of 10, Maximum of 20

7. Qualifications of Lupon Members ACTUAL RESIDENTS/ WORKING IN THE

BARANGAY OF LEGAL AGE WITH THE FOLLOWING QUALITIES: INTEGRITY,
IMPARTIALITY, INDEPENDENCE, FAIRNESS, REPUTATION FOR PROBITY,
PATIENCE, RESOURCEFULNESS, OPEN-MINDEDNESS FLEXIBILITY

8. Disqualifications BELOW 18 YRS OF AGE INCOMPETENT CONVICTED OF A

CRIME CARRYING WITH IT PENALTIES OF PERPETUAL OR TEMPORARY
DISQUALIFICATION FROM HOLDING PUBLIC OFFICE ELECTED
GOVERNMENT OFFICIAL MEMBER OF ARMED FORCES WHO IS IN THE
ACTIVE SERVICE

9. Steps to take after identifying the 10-20 members of the Lupon Barangay Secretary
Shall: Prepare a notice to constitute the Lupon using the KATARUNGANG
PAMBARANGAY (KP) Form 1 Notice to be posted in the 3 conspicuous/strategic places
in the barangay THE NOTICE SHALL CONTAIN AN INVITATION TO ALL
BARANGAY MEMBERS TO ENDORSE OR OPPOSE THE PROPOSED
APPOINTMENT OF ANY PERSON / S INCLUDED IN THE LIST . THE
RECOMMENDATION SHALL BE MADE WITHIN THE PERIOD OF POSTING FOR
THREE WEEKS .

10.

11. MEMBER OF THE BARANGAY CAN PROTEST OR RECOMMEND

SOMEBODY FROM THE BARANGAY 10 days after the last day of posting, the

Captain shall put into writing the appointment of the Lupon members using KP Form 2,
duly signed by the captain and attested by the Barangay Secretary.

12.

13. The newly appointed Lupon members will immediately take their oath before the
Barangay Captain using KP Form 5 After taking the oath of office, the list of Lupon
Members shall be posted in a conspicuous/strategic place in the Barangay

14. RECAP: Steps to constitute the Lupon STEP 1: Determining the actual number of
Lupon Members STEP 2: Preparing a notice to constitute the Lupon STEP 3: Posting the
notice to constitute the Lupon STEP 4: Appointment of Lupon Members STEP 5: Oath
taking of Lupon members STEP 6: Posting

15. Term of Office 3 years UNLESS TERMINATED BY DEATH, RESIGNATION,

TRANSFER OF RESIDENCE OR PLACE OF WORK, WITHDRAWAL OF
APPOINTMENT BY THE BARANGAY CAPTAIN. HOWEVER, THE
WITHDRAWAL SHOULD BE CONCURRED WITH A MAJORITY OF ALL THE
MEMBERS OF LUPON. (see KP Form 6)

16.

17. Compensation / Benefits Lupon members shall serve without compensation If the
Barangay has enough funds, HONORARIA may be given COMMISSION ON HIGHER
EDUCATION ( CHED ) ORDER 62 SERIES OF 1997 TWO DAUGHTERS OR SONS
OF A LUPON MEMBER ARE QUALIFIED TO BECOME A STATE SCHOLAR IN
TERTIARY EDUCATION TO ANY STATE COLLEGES OR UNIVERSITIES

18. Steps in Resolving Disputes MEDIATION BEFORE THE Barangay Captain Has
authority or power to mediate cases in the Barangay

19. Basic Concerns The Dispute will be settled in the barangay where the
RESPONDENTS or one of the RESPONDENTS in the Barangay resides
CHOICE/OPTION of the complainant What if any of the involved parties is incompetent
or a minor? He/She should be represented by a legal guardian or next of kin who is NOT
A LAWYER.

20. Basic Concerns A juridical person / corporation like a cooperative cannot file a
complaint became is not a party to amicable settlement. Any case involving a cooperative
or peoples organization can go directly to court without going through mediation or
conciliation

21. CASES COVERED BY THE KATARUNGANG PAMBARANGAY All disputes,

civil and criminal in nature where parties actually reside in the SAME CITY /
MUNICIPALITY are subjected to proceedings of amicable settlement.

22. UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL

UTTERANCES (ART. 154); ALARMS AND SCANDALS (ART. 155); USING FALSE
CERTIFICATES (ART. 175); USING FICTITIOUS NAMES AND CONCEALING
TRUE NAMES (ART. 178); ILLEGAL USE OF UNIFORMS AND INSIGNIAS (ART.
179); PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY (ART. 252);
GIVING ASSISTANCE TO CONSUMMATED SUICIDE (ART.253);
RESPONSIBILITY OF PARTICIPANTS IN A DUEL IF ONLY PHYSICAL INJURIES
ARE INFLICTED OR NO PHYSICAL INJURIES HAVE BEEN INFLICTED (ART.
260); LESS SERIOUS PHYSICAL INJURIES (ART. 265);

23. SLIGHT PHYSICAL INJURIES AND MALTREATMENT (ART. 266);

UNLAWFUL ARREST (ART. 269); INDUCING A MINOR TO ABANDON HIS/HER
HOME (ART. 271); ABANDONMENT OF A PERSON IN DANGER AND
ABANDONMENT OF ONES OWN VICTIM (ART. 275); ABANDONING A MINOR
(A CHILD UNDER SEVEN [7] YEARS OLD) (ART. 276); ABANDONMENT OF A
MINOR BY PERONS ENTRUSTED WITH HIS/HER CUSTODY; INDIFFERENCE
OF PARENTS (ART. 277); QUALIFIED TRESSPASS TO DWELLING (WITHOUT
THE USE OF VIOLENCE AND INTIMIDATION). (ART. 280); OTHER FORMS OF
TRESSPASS (ART. 281); LIGHT THREATS (ART. 283); OTHER LIGHT THREATS
(ART. 285); GRAVE COERCION (ART. 286); LIGHT COERCION (ART. 287);
OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF MERCHANDISE
AND PAYMENT OF WAGES BY MEANS OF TOKENS). (ART. 288);

24. FORMATION, MAINTENANCE AND PROHIBITION OF COMBINATION OF

CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS (ART. 289);
DISCOVERING SECRETS THROUGH SEIZURE AND CORRESPONDENCE (ART.
290); REVEALING SECRETS WITH ABUSE OF AUTHORITY (ART. 291); THEFT
(IF THE VALUE OF THE PROPERTY STOLEN DOES NOT EXCEED P50.00). (ART.
309); QUALIFIED THEFT (IF THE AMOUNT DOES NOT EXCEED P500). (ART.
310); OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN
PROPERTY (ART 312); ALTERING BOUNDARIES OR LANDMARKS (ART. 313);
SWINDLING OR ESTAFA (IF THE AMOUNT DOES NOT EXCEED P200.00). (ART.
315); OTHER FORMS OF SWINDLING (ART. 316); SWINDLING A MINOR (ART.
317); OTHER DECEITS (ART. 318); REMOVAL, SALE OR PLEDGE OF
MORTGAGED PROPERTY (ART. 319);

25. SPECIAL CASES OF MALICIOUS MISCHIEF (IF THE VALUE OF THE

DAMAGED PROPERTY DOES NOT EXCEED P1,000.00). (ART 328); OTHER
MISCHIEFS (IF THE VALUE OF THE DAMAGED PROPERTY DOES NOT
EXCEED P1,000.00). (ART. 329); SIMPLE SEDUCTION (ART. 338); ACTS OF
LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY (ART 339);
THREATENING TO PUBLISH AND OFFER TO PREVENT SUCH PUBLICATION
FOR COMPENSATION (ART. 356); PROHIBITING PUBLICATION OF ACTS
REFERRED TO IN THE COURSE OF OFFICIAL PROCEEDINGS (ART. 357);
INCRIMINATING INNOCENT PERSONS (ART. 363); INTRIGUING AGAINST
HONOR (ART. 364); ISSUING CHECKS WITHOUT SUFFICIENT FUNDS (BP 22);
FENCING OF STOLEN PROPERTIES IF THE PROPERTY INVOLVED IS NOT
MORE THAN P50.00 (PD 1612).

26. Exempted Cases OFFENSES INVOLVING GOVERNMENT ENTITY; ONE PARTY

IS A PUBLIC OFFICER/EMPLOYEE Dispute relates to performance of official
functions OFFENSES WITH MAXIMUM PENALTY OF 1 YEAR AND EXCEEDING
FINE FIVE THOUSAND (P5,000.00); OFFENSES WITH NO PRIVATE OFFENDED
PARTY; REAL PROPERTIES IN DIFFERENT CITIES OR MUNICIPALITIES,
DISPUTES THAT NEED URGENT LEGAL ACTION, LABOR DISPUTES, AND
ACTION TO ANNUL A JUDGMENT UPON A COMPROMISE.

27. MEDIATION

28. STEP 1: Filing of the case Complainant with the help of the secretary will fill up KP
FORM 7 Minimal filing fee PERSONAL CONFRONTATION is required NO
INDIVIDUAL CAN GO DIRECTLY TO COURT / GOVT OFFICE FOR
ADJUDICATION OF HIS/HER DISPUTE WITH ANOTHER INDIVIDUAL
ESPECIALLY OF THE MATTER IS WITHIN THE KP JURISDICTION

29.

30. NOT A BARANGAY COURT LUPON MEMBERS ARE NOT JUDGES It is a

conciliation body and the members are conciliators. Barangay Captain Mediator

31. STEP 2 Within 3 days from receipt of the complaint and payment of the filing fee
Issue a NOTICE OF HEARING TO THE COMPLAINANT Issue
SUMMONS/SUBPOENA TO THE RESPONDENT BOTH shall appear at the
BARANGAY CAPTAINS OFFICE

32.

33.

34.

35. What if any of the parties fail to appear? Complainant fails to appear WITHOUT
justifiable cause DISMISS THE COMPLAINT Cannot file a case in court Can be
punished for indirect contempt of court Respondent fails to appear WITHOUT justifiable
cause His/her counterclaim will be dismissed and he will be barred from filing in court
and be punished for indirect contempt of court

36. Appearance of the Parties The BARANGAY CAPTAIN SHALL NOT RESOLVE
THE CASE. The BARANGAY CAPTAIN WILL HELP THEM RESOLVE THE CASE
BARANGAY CAPTAIN Mediator Help them find the solution to their problem within
FIFTEEN (15) DAYS. IF THE RESPONDENT DOES NOT APPEAR: The case shall be
referred to the PANGKAT NG TAGAPAGSUNDO

37. Basic steps in handling cases by the Barangay Captain Explain the process and
objectives of mediation & the rules to be observed Give each party to explain their side
without interruption from the other party Ask questions and involve both parties in
looking for a solution REMEMBER: Barangay Captain is not a judge but a mediator Let
both parties find a solution to their dispute

38. If parties agree to a settlement/compromise In writing In a language or dialect known

to parties NOT TO BE DRAFTED BY A LAWYER AND BROUGHT TO HOMES OF
THE PARTIES FOR THEIR SIGNATURES AND NOT HAVE IT NOTARIZED BY A
NOTARY PUBLIC/LAWYER IT SHOULD BE DRAFTED AT THE BARANGAY
HALL AND NO WHERE ELSE

39.

40. How can we be ensured that the Agreement will be complied? After TEN (10) days,
the settlement will be executory and HAS THE FOCE AND EFFECT OF A DECISION
OF A COURT

41. What if one of the parties was forced to come up with a settlement through fraud or
intimidation? Any party can protest the settlement within TEN DAYS. AFTER TEN
DAYS, the settlement will take EFFECT

42. How can the Respondent Comply with the Settlement? He/she can voluntarily
comply within FIVE (5) DAYS If he/she fails, the mode and manner in executing the
settlement is provided for by law OTHER DETAILS TO BE DISCUSSED LATER

43. If MEDIATION before the BARANGAY CAPTAIN FAILS The parties cannot yet
elevate their case to court The parties still have to go through conciliation proceedings
Barangay Captain TO CONSTITUTE the PANGKAT NG TAGAPAGSUNDO within

FIFTEEN (15) DAYS from the last day of MEDIATION PROCEEDINGS. Is

CONCILIATION = MEDIATION? The process is the same, except that MEDIATION is
done by the Barangay Captain, while CONCILIATION is done by the PANGKAT headed
by a CHAIRPERSON.

44. CONCILIATION

45. What is CONCILIATION (before the Pangkat)? Conciliation is merely

INTERVENING between TWO OR MORE Contending parties in order to prevent or put
an end to a dispute with an agreement to abide by the decision of the conciliator Who are
members of the PANGKAT? 3 MEMBERS shall come from the LUPON and chosen by
the Complainant and Respondent

46.

47.

48. What if the parties fail to agree on the Pangkat Membership? The Barangay Captain
will determine the THREE MEMBERS by drawing lots to be distributed to the members
of the Pangkat After they have been chosen, the Pangkat Members shall Choose Among
themselves A Chairperson Secretary The LUPON SECRETARY shall turn over the case
to the PANGKAT SECRETARY for the Pangkat to study

49. Disqualifications OF A Pangkat Member

50. Vacancy in the Pangkat

51. Procedure before the Pangkat The Pangkat shall meet to hear both parties Explore
possibilities for Amicable Settlement within FIFTEEN DAYS Can be extended for
another FIFTEEN DAYS Issue Subpoena of a witness whenever necessary

52.

53

54. If the PANGKAT CHAIRPESON finds after hearing that the failure to appear of the
COMPLAINANT is without justifiable reason, he shall:

55.

56.

57.

58.

59.

60. What happens is the Pangkat is successful in the Conciliation? An amicable

settlement shall be put into writing in a dialect / language known to them ATTESTED TO
BY THE LUPON CHAIRMAN / PANGKAT CHAIRMAN It has the force and effect of
a final judgment in court after TEN DAYS from the date the Amicable settlement was
made, UNLESS a protest or repudiation of the settlment was made. The Pangkat

Secretary shall prepare a transmittal of the settlement to the appropriate court & fills up a
transmittal form

61.

62. What if the settlement was affected adversely by fraud, violence, intimidation, etc.,
The parties can repudiate the settlement within TEN DAYS from the date of filing with
the Lupon Chairman or Pangkat a statement to that effect sworn before him Failure to
repudiate the settlement within a TEN DAY period shall be deemed a waiver of the right
to challenge on said grounds.

63. How can the Amicable Settlement before the Pangkat be executed

64.

65.

66. How can the settlement be actually executed? Within SIX MONTHS from date the
settlement was agreed upon The disputant must file a Motion for Execution with the
Barangay Captain The Barangay Captain conducts a hearing on the date assigned by the
Movant. The date shall not be later than FIVE DAYS from the filing of the motion

67.

68. What happens during the hearing? The Barangay Captain shall ascertain the facts for
the NON-COMPLIANCE of the settlement and STRONGLY ENCOURAGE the party
obliged to COMPLY WITH THE SETTLEMENT After the lapse of FIVE DAYS with no
voluntary compliance, the Barangay Captain shall issue a NOTICE OF EXECUTION

69.

70.

71.

72.

73.

74.

75.

76. RECAP What are the ways of resolving conflicts within our barangay? MEDIATION
through the Office of the Barangay Captain CONCILIATION through the PANGKAT At
any stage of these two ways of resolving conflicts, another way of resolving cases under
your jurisdiction is the process of ARBITRATION.

77. ARBITRATION

78. Definition of Arbitration Another way of settling disputes wherein the parties agree to
be bound by a decision of a third person or body in place of a regularly organized tribunal

79. 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 the PANGKAT. Who
can act as ARBITRATORS? LUPON CHAIRPERSON BARANGAY CAPTAIN
PANGKAT CHAIRPERSON

80. What happens in Arbitration? Lupon Chairperson/Pangkat assists the parties in

defining the issues & exploring solutions to develop a mutually acceptable settlement The
Lupon Chairperson/Pangkat is given the POWER TO RENDER DECISIONS on the
dispute with a prior agreement of the parties to be bound by it. The parties shall present
evidence as to the facts and merits of the case to the arbitrator. On the basis of these facts,
the arbitrator makes a decision on what he believes to be fair or just The Arbitrator must
be NEUTRAL & IMPARTIAL in making the decision which must be suitable to the
disputing parties.

81. Steps Filing of the complaint with the OFFICE OF THE BARANGAY CAPTAIN and
payment of the Filing Fee. IF parties agree to submit themselves to arbitration process at
ANY STAGE of the mediation/conciliation, the conduct of an ARBITRATION
HEARING can take place immediately After filling up the agreement, the parties are
given FIVE DAYS to withdraw from such an agreement by filling up a sworn statement
stating his/her reasons that such agreement was obtain through fraud, violence, and
intimidation (if such is the case)

82.

83. Is there a need to proceed with the case in the Lupon if such circumstances are
present? NO. Forward the case to court by issuing a CERTIFICATE TO FILE ACTION
IF THERE IS NO REPUDIATION? Proceeding to hearing their case Set the case for
hearing Parties to be officially notified of the hearing through a NOTICE OF HEARING
and SUMMONS.

84. What if any of the parties fail to appear? Apply the same procedure in MEDIATION
or CONCILIATION for the unreasonable neglect of the COMPLAINANT /
RESPONDENT COMPLAINANTs absence is unjustified and willful Complaint is
outrightly dismissed Barred from filing the action in court RESPONDENTs absence is
unjustified and willful Issue a CERTIFICATE TO FILE ACTION and CERTIFICATE TO
BAR COUNTERCLAIM in favor of the Complainant

85.

Swswwwwwwww286. If parties are Present, how does one conduct the Arbitration?
Conduct hearing in the manner of a court or adjudicative trial Complainant and
respondent will present their respective case and submit all their necessary evidence THE
LUPON CHAIRPERSON / PANGKAT will then issue a resolution based on the merits of
the case, testimony of the witnesses and the evidence presented ARBITRATION AWARD
Just like an amicable settlement put into writing etc. attested to by the Lupon or the
Pangkat Chairperson

87.

88. Time to render decision FIFTEEN DAYS but not earlier than SIX DAYS from the
date of last hearing to evaluate and issue the ARBITRATION AWARD Within FIVE
DAYS, the Secretary shall furnish a copy of the Arbitration Award to the Parties Keep a
file at the LUPON OFFICE and be sure to furnish a copy to the City/Municipality Court

89. How shall the Arbitration Award take effect? Parties are given TEN DAYS to nullify
the decision After TEN DAYS, the decision becomes final and executory HOW TO
EXECUTE THE AWARD? In the same manner that MEDIATION / CONCILIATION
Settlements are executed

90.

91. SCHOLARSHIP CHED ORDER 62 Guidelines Implementing the Study Grant

Program for Barangay Officials and their Legitimate Dependents WHO ARE
QUALIFIED? Not more than 21 years of age Highschool graduate with an average of
80% Passed the entrance exam in a State College or University Income of parents must
not exceed PHP72,000.00 ANNUALLY.

92. DOCUMENTARY REQUIREMENTS Certification from the OFFICE OF THE

MAYOR that the applicant is a child of the barangay official NSO Birth Certificate,
Highschool Report Card Entrance Exams result Income Tax Return Certificate of Good
Moral Character from the Principal or Guidance Councilor

93. Conditions for the Assistance The grantee or the child of the LUPON will carry a
FULL SEMESTRAL LOAD EVERY SEMESTER Finish his/her course in the prescribed
duration and will maintain at least a passing grade in all his/her subjects OTHER
CONDITIONS The applicant must not be enjoying any study grant at the time of the
application Only two children of the Lupon Member are allowed for a given term

94. Shifting of course may be allowed after getting the approval from the registrar CAN
THE SCHOLARSHIP BE TERMINATED? Grantee has failed in the subjects Falsified
his/her records Transferred to another school without the approval of the registrar Joined
or participated in subversive organizations/activites No available funds for the
scholarship

95. Hurry and see if the nearest state college/university has a scholarship program under
CHED ORDER #62 and bring the aforementioned items in the list of requirements
Funding State colleges and universities concerned are required to incorporate in their
budget program the necessary funds to support the expenses of the beneficiaries as
provided for in CHED ORDER #62

96. Annual Search for the OUTSTANDING LUPONG TAGAPAMAYAPA How to enter
Join selection process at the City/Municipal level

97. 1 st CRITERIA

98.

99.

100. 2 nd Criteria Resourcefulness / creativity of the Conciliators/Mediators Can be seen

through the records / minutes made by the LUPON SECRETARY Evaluators will be able
to know the innovative technique and skills of the conciliators/mediators and the
coordination made with appropriate agencies like the PNP or the Municipal Trial Court in
Cities

101. 3 rd Criteria

102.

103.

104.

105. Thank you for attending this Sundays Session. NEXT SUNDAYS SESSION
BASIC CRIMINAL LAW / Common Criminal Offenses covered by Katarungang
Pambarangay BASIC CIVIL LAW / Common Civil Disputes covered by Katarungang
Pambarangay