THE Local Government Code of the Philippines defines the Barangay

as the basic political unit that serves as the primary planning

and implementing unit of government policies, plans,
programs, projects, and activities in the community. It
provides a forum wherein the collective views of the people
may be expressed, crystallized and considered, and where
disputes may be amicably settled.

The Barangay Justice System or Katarungang Pambarangay is

composed of members commonly known as "Lupon Tagapamayapa"
which acts as the pacification committee. Their function is to conciliate
and mediate disputes at the Barangay level so as to avoid legal action
and relieve the courts of docket congestion. These Lupon are also
tasked to effect extrajudicial settlement of minor cases between
barangay residents.

Information provided by the Department of Interior and local

Government states that the Katarungang Pambarangay is an out-of-
court resolution of conflicts by the community members themselves
under the guidance of the Punong Barangay and without intervention
of legal counsels and representatives.

According to the Revised KP Law, the lupon is composed of the Punong

(Chairman) Barangay and 10 to 20 members. The lupon are normally
constituted every three years and holds office until a new lupon is
constituted on the third year. They serve without compensation except
for certain honoraria, allowances and other emoluments as authorized
by law or barangay, municipal or city ordinance.

What Cases Are Covered by the

Katarungang Pambarangay Law?
As a general rule, all disputes, civil and criminal in nature
where parties actually reside in the same city or municipality are
subjected to proceedings of amicable settlement before the
Katarungang Pambarangay,

Actually, what is stated in Section 408, of the Local

Government Code are the exceptions or the cases
not falling under its jurisdiction , to wit :

(1) Where one party is the government or any subdivision or

instrumentality thereof;
(2) Where one party is a public officer or employer, and the
dispute relates to the performance of his official functions;

(3) Offenses punishable by imprisonment exceeding one

year or a fine exceeding P5,000;

(4) Where there is no private offended party;

(5) Where the dispute involves real property located in

different cities or municipalities unless the parties thereto
agree to submit their differences to amicable settlement by
an appropriate lupon (panel);
(6) Disputes involving parties who actually reside in
barangay of different cities, except where such barangay
units adjoin each other and the parties thereto agree to
submit their differences to amicable settlement and by an
appropriate lupon;
(7)Such other classes or disputes which the President may
determine in the interest of justice or upon the
recommendation of the Secretary of Justice (Sec. 408, Book
3, Title 1, Chapter 7, Republic Act or RA 7160).
(8) Any complaint by or against corporations, partnerships,
or juridical entities. (Only individuals shall be parties to
barangay conciliation proceedings either as complainants or
respondents)
(9) Disputes where urgent legal action is necessary to
prevent injustice from being committed or continued,
specially the following cases:
A.) A criminal case where the accused is under custody
or detention;
B.) A petition for Habeas corpus by a person illegally
detained or deprived of his liberty or one acting on his
behalf;
C.) Action coupled with provisional remedies, such as
preliminary injunction, attachment, replevin and support
pendente lite;
D.) Where the action may be barred by statute of
limitations;
(10) Labor disputes or controversy arising from employer-
employee relationship. (Montoya vs. Escayo, Et. Al., 17 SCRA
442; Art 228, Labor Code of the Philippines)
SEC. 409. Venue. - (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 of municipality shall be brought in the
barangay where the respondent or any of the respondents
actually resides, at the election of the complainant.
(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; 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.

ACCEPTED CASES UNDER

KATARUNGANG
PAMBARANGAY
IT IS VERY IMPORTANT TO NOTE THAT NO INDIVIDUAL CAN GO
DIRECTLY TO COURT OR ANY GOVERNMENT OFFICE FOR
ADJUDICATION OF HIS/HER DISPUTE WITH ANOTHER INDIVIDUAL
ESPECIALLY IF THE MATTER IS WITHIN BARANGAY JURISDICTION.

Except when the parties personally confronted each other and

settle their dispute. But if not, they should go through the
conciliatory proceedings OR ELSE THE COURTS CAN SIMPLY
DISMISS FOR LACK OF CAUSE OF ACTION OR PREMATURITY.
 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);

 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 one’s

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);

 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);

 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).