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Republic of the Philippines


NATIONAL POLICE COMMISSION
NATIONAL HEADQUARTERS, PHILIPPINE NATIONAL POLICE
DIRECTORATE FOR INVESTIGATION AND DETECTIVE MANAGEMENT
Camp BGen Rafael T Crame, Quezon City ••
B-ti-,0�1 2

MEMORANDUM
TO All RDs, PROs and
Dirs, NOSUs

FROM DDIDM

SUBJECT Strict Observance on the Treatment of "Katarungang


Pambarangay (KP)" Cases

DATE August4,2021

1 . References:
a. Chapter VII "Katarungang Pambarangay" of Republic Act No. 7160
"Local Government Code of 1991";

b. PNP Memorandum Circular No. 2018-050 "Guidelines and Procedures


in Reporting Crime Incidents"; and

c. DIDM Weekly Staff Conference dated July 27, 2021.

2. As provided in para 6a-19 of PNP MC No. 2018-050, "incidents initially


reported to the police station but referable and within the jurisdiction of the
Katarungang Pambarangay for conciliation and arbitration shall not be recorded in the
Crime Information, Reporting and Analysis System (CfRAS)" hence, should not be
counted as crime incidents. However, the same shall be recorded in the police blotter
and marked as "referred to barangay," before referring the incident to the KP for
appropriate action. When the parties failed to settle at the barangay and were referred
back to the police with a Certificate to File Action, the police station shall now take
cognizance of the complaint and shall encode the same in CIRAS so that it can be
counted as crime incident.

3. However, despite numerous reminders regarding the treatment of


Katarungang Pambarangay cases, it has been observed that investigators still fail to
determine the proper disposition or action. This hinders the PNP in addressing the
crime situation in certain areas.

4. In this connection, direct all investigators in your AOR to follow the rules in
treating KP cases. The following are the cases that are cognizable and referable to
KP:
Article Trtle
"Unlawful Use of Means of Publication and Unlawful
RPC, Art154
Utterances"
RPC, Art155 "Alarms and Scandals"
RPC, Art175 "Using False Certificates"
RPC, Art178 "Usina Fictitious Names and Concealina True Names"
RPC, Art179 "llleaal Use of Uniforms and lnsianias"
RPC. Art252 "Physical Injuries Inflicted in a Tumultuous Affray"
RPC, Art253 "Giving Assistance to Consummated Suicide"
"Responsibility of Participants in a Duel if only Physical
RPC, Art260 Injuries are Inflicted or No Physical Injuries have been
Inflicted"
RPC, Art265 "Less Serious Physical lniuries"
RPC, Art266 "Slight Physical lniurles and Maltreatment'
RPC, Art269 "Unlawful Arrest'
RPC, Art271 "Inducing A Minor to Abandon His/Her Home·
"Abandonment of a Person in Danger and Abandonment of
RPC, Art275
m
One's Own Victim"
RPC, Art276 "Abandonina a minor (a child under years old)"
"Abandonment of a Minor by Persons Entrusted with
RPC, Art277
His/Her Custody; Indifference of Parents"
"Qualified Trespass to Dwelling (Without the Use of
RPC, Art280
Violence and Intimidation)"
RPC, Art281 "Other Forms of Trespass"
RPC, Art283 "Light Threats"
RPC, Art285 "Other Liaht Threats"
RPC, Art286 "Grave Coercion"
RPC. Art287 "Light Coercion"
"Other Similar Coercions (Compulsory Purchase of
RPC, Art288
Merchandise and Payment of Wages bv Means of Tokens)"
"Formation, Maintenance and Prohibition of Combination of
RPC, Art289
Capital or Labor through Violence or Threats"
RPC, Art290 "Discoverina Secrets throuah Seizure and Correspondence"
RPC, Art291 "Revealing Secrets with Abuse of Authority"
"Theft (if the value of the property stolen does not exceed
RPC, Art309
PhP50.00)"
"Qualified Theft (if the amount does not exceed
RPC, Art310
PhP500.00)"
Occupation of Real Property or Usurpation of Real Rights in
RPC, Art312
Property"
RPC, Art313 "Alterina Boundaries or Landmarks"
"Swindling or Estafa (If the amount does not exceed
RPC, Art315
PhP200.00)"
RPC, Art316 "Other Forms of Swindling"
RPC, Art317 "Swindling a Minor"
RPC, Art318 "Other Deceits"
RPC, Art319 'Removal, Sale or Pledge of Mortgaged Property"
"Special Cases of Malicious Mischief (if the value of the
RPC, Art328
damaaed property does not exceed PhP1,000.00)"
RPC. Art338 "Simole Seduction"

1111;,trli/MJtfl/NltVM l'(i
"Acts of Lasciviousness with the Consent of the Offended
RPC, Art339
Partv"
"Threatening to Publish and Offer to Prevent such
RPC, Art356
Publication for Compensation"
"Prohibiting Publication of Acts Referred to in the Course of
RPC, Art357
Official Proceedings"
RPC, Art3 63 "Incriminating Innocent Persons"
RPC. Art364 "lntriauina Against Honor"
BP No. 22 "lssuina Checks without Sufficient Funds"
"Fencing of Stolen Properties if the Property Involved is Not
PD No. 1612
More than PhP50.00"

5. Further be informed of the following exceptions, as provided In Chapter VII,


Section 408 of The Local Government Code of the Philippines:
a. One party is the government, or any subdivision or instrumentality;

b. One party is a public officer or employee, and the dispute relates to the
performance of his official functions;

c. Offenses punishable by imprisonment exceeding one year or a fine


exceeding Five thousand pesos (PhPS,000.00);

d. Offenses where there is no private offended party;

e. The dispute involves real properties located in different cities or


municipalities unless the parties thereto agree to submit their differences
to amicable settlement by an appropriate lupon;

f. Disputes involving parties who 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; and

g. Such other classes of disputes which the President may determine in the
interest of justice or upon the recommendation of the Secretary of
Justice.

6 . To ensure that all investigators and desk officers are aware of the foregoing,
all police stations/units with investigative functions entertaining such complaints are
directed to place a copy of the attached guidance on their respective police station's
complaint desks for easy reference.

7. Conformity to this memorandum directive will be checked and validated


every annual conduct of DIDM Nationwide Validation. Non-compliance hereto shall be
dealt with accordingly.

8. Submit your actions taken to this Directorate (Attn: CRAC) in hard and soft
copies at didmrad@gmail.com NLT August 13, 2021.

1ninlrll/MJC/JINH5/MTG
J- • '

9. For widest dissemination and strict compliance.

OMEG�EH D FIDEL
Pollce�dlller General

Incl:
a/s

Copy furnished:
Command Group
D-Staff

mt.drll/MJCIJ/Nlf$/M'l'G
--:.: ,-:: :i-···
. .... .

CASES COVERltD BY THE "KATARUNGANG PAMBARANGAY"

Article Titfe , ,
Article Titfe
RPC,Art154 "Unlawful Use of Means of Publication and Unlawful Utterances• RPC,Art316 "Other Forms of Swindling"
�PC.Art155 "Alanns and Scandals" RPC,Art317 "Swindling a Minor"
RPC, Art175 "Using False Certificates" RPC,Art318 "Other Deceits"
RPC,Art178 ·using FlctfflousNames.and Concealing l!TrueNames• RPC,Art319 "Removal,Sale or Pledge of Mortgaged Property"
RPC,Art179 "Illegal Use·of Unifonns and Insignias• RPC,Art328 "Special Cases of Malicious Mischief (if the value of the damaged
RPC,Art252 "Physical Injuries Inflicted in aTumultuo� Affray" o rooertv does not exceed Pho1 000.00l"
RPC,Art329 "Other Mischiefs (If the value of the damaged property does not exceed
RPC,Art253 "GMng Assistance to OG>nsummated Suicide" Pho1 000.00)"
RPC, Art260 "Responsibility of Participants in a Duel If only Physical Injuries are RPC,Art338 "Simple Seduction•
lnflided orNo Phvsical lnluries have bee), Inflicted" RPC,Art339 "Acts of Lasciviousness with the Consent of the Offended Party"
RPC,Art265 "Less Serious Physicalll)ijuries•
RPC,Art356 "Threatening to Publish and Offer to Prevent such Publication for
RPC,Art266 "Slight Physical Injuries and Maltreatment• ComftAnsation" '
RPC,Art269 "Unlawful Arrest' RPC,Art357 "Prohibiting Publication of Acts Referred to in the Coi.lrse of Official
Proceedinos• "·
RPC,Art271 "Inducing A Minor to Abandon His/Her Home• RPC,Art363 "Incriminating Innocent Persons•
RPC,Art275 "Abandonment of a Per.son In Danger an(t!Abandonment of One's Own RPC,Art364 "Intriguing Against Honor
Victim"
RPC,Art276 "Abandoning a minor (1:9 child under sevehi [7J years old)" BPNo.22 "Issuing Checks without Sufficient Funds"
RPC,Art2TT "Abandonment of a Minor by Perons Entrusted with His/Her Custody; PDNo.1612 "Fencing of Stolen Properties if the Property Involved isNot More than
Indifference of Parents• Phn.'i0.00"
RPC,Art280 "Qualified Tresspass to Dwelling (Without the Use of Vloler1ee and
Intimidation)" EXEMPTIONS:
RPC,Art281 "Other Fonns ofTresspass" • One party is the government,or any subdivision or instrumentality;
• One party is a public officer or employee,and the dispute relates to the performance
RPC,Art283 "Ught Threats"
of his official fundions;
RPC,Art285 "Other Light Threats" • Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding
RPC,Art286 "Grave Coercion• Five thousand pesos (PhpS,000.00);
• Offenses where there ls no private offended party;
RPC,Art287 "Ught Coercion• • The dispute Involves real properties located in different cities or municipalities
RPC,Art288 "Other Similar Coercions (Compulsory Purchase of Merchandise and unless the parties thereto agree to submit their differences to amicable settlement
Pavment of Waaes bv Means of Tokenst by an appropriate lupon;
RPC,Art289 "Formation,Maintena� and Prohibitlon1 a,f Combination of Capital or • Disputes Involving parties who reside In Barangays of different cities ot
Labor throuah Violence or Threats• municipalities,except where such Barangay units adjoin each other,and the parties

..
RPC,Art290 "Discovering Secrets thcough Seizure and Correspondence"'· thereto agree to submit their differences to amicable settlement by an appropriate
RPC,Art291 "Revealing Secrets with,Abuse of Authority" lupon; and
• Such other classes of disputes which the President may detennine in the Interest of
RPC,Art309 "Theft (if the value �ttt• property stolen &es not exceed �llp50.00 )9 justice or upon the recommendation of the Secretary of Justice.
RPC,Art310 "Qualified Theft (if the amount does not e>leeed PhpS00 .00)"
RPC,Art312 "Occupation of Real Pl'Ql)erty or Usurpattan of Real Rights hn Property"
Crime Incidents that fall under the above-listed offenses shall be referred to the
?.

RPC,Art313 "Altering Boundaries or Landmarks" Katarungang Pambarangay but recorded in the police blotter and marked as •referred to
RPC, Art315 "Swindling or Estafa (lfl1he amount does not exceed Php200.00t Barangay"

• radf/M.JB/NF,SJMTG:JGG 08,,2202: -·•�s

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