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Katarungang Pambarangay Report Handouts Sec22
Katarungang Pambarangay Report Handouts Sec22
Katarungang Pambarangay Report Handouts Sec22
Where one party is the government, or any subdivision or b. Petitions for habeas corpus by a person illegally deprived of his
instrumentality thereof; rightful custody over another or a person illegally deprived or on
acting in his behalf;
Where one party is a public officer or employee, and the dispute
relates to the performance of his official functions; c. Actions coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property and support
Offenses punishable by imprisonment exceeding one (1) year or a during the pendency of the action; and
fine exceeding Five thousand pesos (P5,000.00);
d. Actions which may be barred by the Statute of Limitations
Offenses where there is no private offended party;
• Where the dispute arises from the Comprehensive Agrarian Reform
Where the dispute involves real properties located in different cities Law (CARL) (Sec. 46 & 47, R.A. 6657);
or municipalities unless the parties thereto agree to submit their
differences to amicable settlement by an appropriate lupon; • 11. Labor disputes or controversies arising from employer-employee
relations (Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor
Disputes involving parties who actually reside in barangays of Code, as amended, which grants original and exclusive jurisdiction
different cities or municipalities, except where such barangay units over conciliation and mediation of disputes, grievances or problems
adjoin each other and the parties thereto agree to submit their to certain offices of the Department of Labor and Employment);
differences to amicable settlement by an appropriate lupon;
• Actions to annul judgment upon a compromise which may be filed
directly in court (See Sanchez vs. Tupaz, 158 SCRA 459).
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Objections to venue shall be raised in the mediation proceedings
before the punong barangay; otherwise, the same shall be deemed
Rules on Venue (Section 409) waived. Any legal question which may confront the punong
barangay in resolving objections to venue herein referred to may be
Type of Dispute Venue submitted to the Secretary of Justice, or his duly designated
representative, whose ruling thereon shall be binding.
Between persons Shall be brought
actually residing in before the lupon of The Lupon shall have no jurisdiction over disputes where the parties are not
the same barangay said barangay actual residents of the same city or municipality, except where the
barangays in which they actually reside adjoin each other. In such a
Involving actual Shall be brought in the situation, where the Lupon is without jurisdiction of the controversy
residents of barangay where the because the parties are not actual residents of the same city or municipality
different barangays respondent or any of or of adjoining barangays, the nature of the controversy is of no moment-
within the same the respondents whether or not affecting real property or interest therein, located in the
city or municipality actually resides, at the same city or municipality (Agbayani, et.al. vs. Judge Belen, G.R. No. L-
election of the 65629, Nov. 24, 1986)
complainant
Involving real Shall be brought in the Procedure for Amicable Settlement (Section 410)
property or any barangay where the
Two Stages of KatarungangPambarangay process
interest therein real property or the
larger portion thereof 1. Mediation before the Lupon Chairman
is situated. 2. Conciliation before the Pangkat
2
(Note: The respondent may submit his answer and he may interpose his action issued by the lupon or pangkat secretary: Provided, however, That
counter-claim.) such interruption shall not exceed sixty (60) days from the filing of the
complaint with the punong barangay.
Mediation before Lupon Chairman fails
If he fails in his mediation effort within fifteen (15) days from the first
Form of settlement (Section 411)
meeting of the parties before him, he shall forthwith set a date for the All amicable settlements shall be in writing, in a language or dialect known
constitution of the pangkat. to the parties, signed by them, and attested to by the lupon chairman or the
The pangkat shall convene not later than three (3) days from its constitution, pangkat chairman, as the case may be. When the parties to the dispute do
on the day and hour set by the lupon chairman, to hear both parties and not use the same language or dialect, the settlement shall be written in the
their witnesses, simplify issues, and explore all possibilities for amicable language known to them.
settlement. For this purpose, the pangkat may issue summons for the Conciliation (Section 412)
personal appearance of parties and witnesses before it.
Conciliation as Pre-Condition to Filing Complaint in Court
May a member of pangkat be disqualified? How?
No complaint, petition, action, or proceeding involving any matter within the
In the event that a party moves to disqualify any member of the pangkat by authority of the lupon shall be filed or instituted directly in court or any
reason of relationship, bias, interest, or any other similar grounds discovered other government office for adjudication, unless there has been a
after the constitution of the pangkat, the matter shall be resolved by the confrontation between the parties before the lupon chairman or the
affirmative vote of the majority of the pangkat whose decision shall be final. pangkat, and that no conciliation or settlement has been reached as
Should disqualification be decided upon, the resulting vacancy shall be filled certified by the lupon secretary or pangkat secretary as attested to by the
as herein provided for. lupon or pangkat chairman or unless the settlement has been repudiated by
Period to Arrive at Settlement the parties thereto.
The pangkat shall arrive at a settlement or resolution of the dispute within When parties may go directly to court
fifteen (15) days from the day it convenes in accordance with this section.
Where the accused is under detention;
This period shall, at the discretion of the pangkat, be extendible for another Where a person has otherwise been deprived of personal liberty
period which shall not exceed fifteen (15) days, except in clearly meritorious calling for habeas corpus proceedings;
cases. Where actions are coupled with provisional remedies such as
Suspension of prescriptive period of offenses preliminary injunction, attachment, delivery of personal property
and support pendente lite; and
While the dispute is under mediation, conciliation, or arbitration, the Where the action may otherwise be barred by the statute of
prescriptive periods for offenses and cause of action under existing laws limitations.
shall be interrupted upon filing the complaint with the punong barangay.
The prescriptive periods shall resume upon receipt by the complainant of Conciliation among members of indigenous cultural communities
the complainant or the certificate of repudiation or of the certification to file
3
The customs and traditions of indigenous cultural communities shall be a.a confrontation of the parties took place but no conciliation/settlement
applied in settling disputes between members of the cultural communities. has been reached
4
The amicable settlement and arbitration award shall have the force and (Sec. 421)
effect of a final judgment of a court upon the expiration of ten days from the
City/municipal mayor shall supervise the implementation and administration
date thereof, unless repudiation has been made or a petition to nullify the
of Katarungang Pambarangay. Secretary of Justice shall promulgate the rules
award has been filed before the proper city or municipal court.
and regulations necessary to implement the Chapter.
* shall not be applicable to court cases settled by the Lupon under the last
(Sec. 422)
paragraph of Sec. 408. Here, the compromise or the Pangkat chairman shall
be submitted to the court and have the force and effect of a judgment of Appropriations for the implementation of the Katarungang Pambarangay
said court upon approval shall be provided for by the city/municipality's annual budget.
(Sec. 417)
(Sec. 418)
Repudiation any party may repudiate the settlement within ten days from
settlement date file a statement to the repudiation with the Lupon
chairman sworn before him grounds: when consent is vitiated by fraud,
violence or intimidation repudiation shall be sufficient basis for the
issuance of the certification to file a complaint to court
(Sec. 419)
(Sec. 420)
Punong barangay (as head of Lupon) and members of the Pangkat are
authorized to administer oaths with any matter relating to al proceedings in
the implementation of the Katarungang Pambarangay.
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