LOCAL GOVERNMENT CODE (RA nr 7160)

BOOK 111 – LOCAL GOVERNMENT UNITS

TITLE 1 – THE BARANGAY, CHAPTER 7
KATARUNGANG PAMBARANGAY
SECTION 399 – SECTION 422

Katarungang Pambarangay – is a system of justice administered at the barangay level for the purpose of
amicable settling dispute through mediation, conciliation or arbitration.

Lupong Tagapamayapa – is a body organized in every barangay composed by the punong barangay as the
chairperson with not less than ten (10) and not more than twenty (20) members from which the pangkat will
be chosen.

Mediation – is a process wherein the lupon chairperson assist the parties to reach settlement.

Pangkat Tagapagkasundo – is a conciliation panel constituted from the lupon membership.

Objectives
1. To promote speedy disposition of cases;
2. To minimize the indiscriminate filing of cases in court;
3. To decongest the court dockets and enhance the quality of justice dispensed by the courts;
and
4. Perpetrate and recognize the time-honored tradition of amicably settling disputes at the
community level.

Primary Role of the Katarungang Pambarangay

The primary role of the Katarungang Pambarangay is to assist the parties in discussing the
possible amicable settlement of the dispute.
# Just remember that the Katarungang Pambarangay is not a court and the Barangay Captain is
only a mediator..
# The lupon members are not judges but conciliation members or conciliators.

Composition of Katarungang Pambarangay

# Lupong Tagapamayapa – Composed of Punong Barangay as Chairman and ten (10) to
twenty (20) members to be constituted every three (3) years. (Sec 399)
# Secretary of the Barangay shall concurrently serve as lupon secretay (sec 403)
# Lupong Tagapamayapa – composed of three (3) members chosen by the disputants from the
list of the lupon.

Who are Lupon members

# Any person actually residing in the barangay whoare not disqualified by law.
# Appointed by the Barangay Chairman/Captain within 15 days from the start of his term of
office.
# The lupon shall be composed of 10 to 20 members to be constituted every 3 years.
# Upon appointment shall take an oath office before the Barangay Captain. (Sec 400)

Qualification of Lupon members

.. # Integrity # Impartiality # Independence of mind # Sense of fairness # Reputation for probity
# patience # Open minded # Flexibility (Sec 399)
Disqualification
# Below 18 years old # Incompetent # Convicted of a crime # Holding public office # Elected
public officials # members of AFP/PNP

Vacancies in the Katarungang Pambarangay

# If vacancies occur in the lupon for any cause, the punong barangay shall immediately appoint
a qualified person who shall hold office only for the unexpired portion of the term. (Sec 401)
# Any vacancy in the pangkat shall be chosen by the parties to the dispute from among the
other members. Should the parties fail to agree on a common choice, the vacancy shall be filled by lot
to by the parties to the dispute from among the other 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. (Sec 405)

Cases that need be filed before the Barangay

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. Offenses punishable by imprisonment exceeding one year or a fine exceeding Five thousand
pesos (Php5,000.00);
4. Offenses where there is no offended party;
5. Where the dispute involves real properties located in different cties or municipalities;
6. Disputes involving parties who actually reside in barangay of different cities or municipalities.

CASES COVERED BY THE KATARUNGANG PAMBARANGAY

• Slight Physical Injuries and Maltreatment (Art 266)
• Unlawful Arrest (Art 269)
• Inducing a Minor to Abandon his home (Art 271)
• Abandonment of a Person in Danger and Abandonment of one’s own victim (Art 275)
• Abandonment of a Minor (under 7 yrs old) Art 276)
• Abandonment of a Minor under his Custody (Art 277)
• Qualified Trespass to Dwelling (w/out Violence (Art 280)
• Other forms of Trespass (Art 281)
• Light Threats (283) Other Light Threats (285)
• Grave Coercion (Art 286) Light Coercion (Art 287)
• Other similar Coercion (compulsory purchase of Merchandise and payment of wages by means
of tokens) (Art 288)
• Labor through Violence or Threat (Art 289)
• Discovering Secret Through Seizure and Correspondence (Art 290)
• Revealing Secret Through abuse of Authority (Art 291)
• Theft (if value does not exceed Ph50.00) (Art 309)
• Qualified Theft (if amount does not exceed Ph500.00) (Art 310)
• Occupation of Real Property (Art 312)
• Altering Boundaries (Art 313)
• Swindling (if the amount does not exceed Ph200.00) (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)
• Unlawful Use of Means of Publication (Art 154)
• Alarms and Scandals (Art 155)
• Using False Certificates (Art 175)
• Using Fictitious 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 Less Physical Injuries are Inflicted or no Injury
(Art 260)
• Less Serious Physical Injuries (Art 265)

Venue where to bring disputes

# Disputes between persons actually residing in the same barangay shall be brought for
amicable settlement before the lupon of said barangay;
# Those involving actual residents of different barangays within the same city or municipality
shall be brought in the barangay where therespont or any of the respondents actually resides, at the
election of the complaint.
# All disputes involving real property shall be brought in the barangay where the real property or
the larger portionthereof is situated;
# Those arising at the workplace where the contending parties e 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 duly designated representative, whose ruling thereon shall be binding.(Sec 409)

Procedure in Mediation .
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 them and their witnesses to appear before him for a
mediation of their conflicting interests..If he fails in his 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.
(Sec 410b).
Upon issuance of summon, 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.
The pangkat shall arrive at a settlement or resolution of the dispute within fifteen (15) days from
the day it convenes. This period shall, at the discretion of the pangkat, be extendible for another period
which shall not exceed fifteen (15) days.

3 STAGES TO RESOLVE CONFLICT

1. Mediation – is a process wherein the Lupon Chairperson assist the parties to reach settlement.
If Mediation fails, the parties cannot yet elevate the case to the court. The parties still have to go
through conciliation proceeding. The Barangay Chairman shall constitute the Pangkat
Tagapagkasundo
2. Conciliation – is a process wherein the pangkat forgoes the power to decide or recommend but
assist the parties to isolate issues and options to reach a settlement by consensus that jointly
satisfy their needs.
Pangkat Tagapagkasundo is a conciliation panel constituted from the lupon membership.
3. Arbitration - is another way of settling dispute wherein parties agree to be bound by a decision of a
third person or body. It 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
NON-APPEARANCE OF PARTY
If Complainant fails to appear without justifiable reason/s
• Dismiss the complaint outright
• Cannot file a case in court
• Can be punished for indirect contempt of court
In the same effect, if respondent fails to appear without justifiable reason/s
• His counterclaim will be dismissed and he will be barred from filling in court and be punished
for indirect contempt in court

FORM OF SETTLEMENT (Sec 411)

All amicable settlements shall be in writing, in a language or dialect known to the parties, signed by
them, and attested 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.

CONCILIATION (Sec 412)

(a) Pre-condition to Filing of Complaint in Court - No complaint , petition, action or
proceeding involving any matter within the authority of the lupon shall be filed or instituted directly in
court, unless there has been a confrontation between the parties before the Lupon Chairman or
Pangkat.
(b) Where the Parties May Go Directly to Court:
1 – Where the accused is under detention;
2 – Where the person has otherwise been deprived of personal liberty calling for habeas
corpus proceedings;
3 – Where action are coupled with provisional remedies; and
4 – Where the action may otherwise barred by statute of limitations.

ARBITRATION (Sec 413)

The parties may, at any stage of the proceedings, agree in writing that they shall abide by the
arbitration award of the Lupon Chairman or the Pangkat. Such agreement to arbitrate may be
repudiated within five (5) days from the date thereof for the same grounds. The arbitration award shall
be made after the lapse of the period for repudiation and within ten (10) days thereafter.

APPEARANCE OF PARTIES IN PERSON (Sec 415)

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.

EFFECT OF AMICABLE SETTLEMENT (416)

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 whereof, 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.

EXECUTION (Sec 417)

The amicable settlement or arbitration award may be enforce 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.
TRANSFER OF SETTLEMENT AND ARBITRATION (Sec 419)
Award to the 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 ten (10) day period repudiating the settlement and shall furnish copies thereof to each of
the parties to the settlement.

POWER TO ADMINISTER OATHS (Sec 420)

The punong barangay, as chairman of the lupong tagapamayapa, and the members of the pangkat
are hereby authorized to administer oaths in connection with any matter relating to all proceedings in
the implementation of the katarungang pambarangay.
Sonnyradavaldepena

KATARUNGANG PAMBARANGAY IS RESTORATIVE JUSTICE

RESTORATIVE JUSTICE
It refers to a principle which requires a process of resolving conflicts with the maximum involvement
of the victim, the offender and the community.
It seeks to obtain reparation for the victim; reconciliation of the offender, the offended and the
community; and reassurance to the offender that he/she can be reintegrated to the society.
It also enhances public safety by activating the offender, the victim and the community in prevention
strategies.

Restorative Justice is different from Criminal Justice

• 1. It views criminal acts more comprehensively – rather than defining crimes as simply law
breaking. It recognizes that offender harm victims, communities, even themselves;
• 2. It involves more parties in responding to crime – rather than giving key roles only to the
government and the offender. It includes victims and communities as well;
• 3. It measures success differently – rather than measuring how much punishment is inflicted. It
measures how many harms are repaired or prevented;
• 4. It advocates peaceful solution and mediation – rather than coercive punishment. It enhances
public safety by activating the offender, the victim and the community.

PHILOSOPHIES OF RESTORATIVE JUSTICE

• Victim support and healing is a priority
• Offenders take responsibility for what they have done
• There is a dialogue to achieve understanding
• There is an attempt to put right the harm done
• The community helps to reintegrate both the victim and the offender.

BENEFITS OF RESTORATIVE JUSTICE

• Learn about the offender and put a face to the crime
• Ask questions of the offender
• Express their feelings and needs after the crime
• Receive an apology and/or appropriate reparation
• Educate the offenders about the effect of the crime
• Sort out any existing conflict
• Be a part of the criminal justice process
• Put the crime behind them.
sonnyradavaldepena