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Recit
Recit
Conflicts are but natural and ordinary occurrence in every community. It is especially
true in tight-knit societies where people are involved in public and sometimes even in
the private lives of others. Thus, we have the Katarungang Pambarangay Law in our
statute books.
A conflict that is not resolved properly will lead to further divide and discord which
could eventually be anarchic in the large scale. Hence, it is imperative to have an
avenue where these conflicts could be resolved. Ordinarily, it is the courts which
decide on the enforcement of rights or correction of wrongs.
Some disputes, however, only involve simple and petty controversies which if filed
immediately before the regular courts would flood its docket and sap its resources.
Our legal system has adopted some measures to mitigate this problem through dispute
resolutions which serve as frontline procedures in adjudicating controversies without
the need of the operation of the courts at least until all measures have been exhausted
to make the battling parties look for ways to amicably settle.
As mentioned, one of these measures is the Katarungang Pambarangay where the
local communities are given a greater participation in the resolution of conflicts within
their jurisdictions.
The barangay as the country’s basic political unit is empowered to serve in civic and
legal duties and thus enable local communities to participate in nation-building.
Harkening to the old balangays of the pre- Spanish colonial times, the barangay
justice system becomes a venue for resolving conflicts within local communities.
What is Katarungang Pambarangay of the
barangay justice system?
The Katarangungang Pambarangay is a community-based dispute resolution
mechanism administered by the barangay itself. It is extra-governmental because it is
not technically part of the traditional state organs of the government framework but
includes the communities themselves.
It tries to eliminate the difficulties of court litigation which are too formal. In the
barangay justice system, the people themselves are involved in looking for an
amicable settlement of issues.
The system is also a recognition of the principle that ours is a republican government
since the people directly engage in government acts. Similar to the barangay, the
Katarungang Pambarangay or KP is an innovation that is unique to the Philippines.
If parties cannot find a common ground between them, the barangay steps in to act as
mediator or arbitrator. Unlike the regular courts, the barangay justice system has an
advantage of familiarity and relatability between and among the parties.
In theory, parties would be able to find a way to solve their disputes with less tension.
At the same time, the barangay acts as the representative of the government which has
an interest in the speedy and just resolution of disputes. Consequently, the barangay
justice system has the imprimatur of the State.
What law created the barangay justice
system?
Republic [RA] Act 7160[1] or the Local Government Code of 1991 established the
Katarungnang Pambarangay system. It includes an entire chapter under Book III, Title
I of the law in full detail how the mechanisms work. However, the KP system was
advocated as early as 1976 when Supreme Court Chief Justice Fred Ruiz Castro
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proposed the “Neighborhood Paralegal Committee” which served as the basis of the
KP law.
Presidential Decree [PD] No. 1508 was, then, enacted. It has been the first law
institutionalizing the KP system. This law has intended to give full recognition of the
time-honored tradition of amicably settling disputes among family and barangay
members at the barangay level without judicial resources. [2]
Thus, the law only formalizes the tradition and practices of local villages in solving
their own conflicts. Although, the law was an innovative piece of legislation, it merely
legitimized what was already being practiced by the people.
What is the importance of Katarungang
Pambarangay law?
The barangay justice system encourages the peaceful and harmonious conflict
resolution in local communities. It also enables the people to become active members
of their own villages. The barangays is also given a very important role in the
administration of justice instead of just simply executing laws.
The Katarungang Pambarangay Law also discourages the practice of indiscriminate
filing of cases in the regular courts. The barangays serve as frontline services in the
administration of justice, which could potentially eliminate the need of litigation. The
KP system helps in lessening the burden of our already congested court dockets.
The Katarungang Pambarangay System also provides a speedy means of dispute
resolution averting protracted litigation which oftentimes drain the resources of both
the litigants and the courts. Procedure in the KP is less formal and strict, thus parties
have more liberty to come to a mutual understanding.
The barangays are in the most strategic position to mediate in family or community
disputes. The KP system is an accessible venue for people seeking justice. It vests the
marginalized members of society with the ability to fight for their own rights and
interests without the need of the services of a lawyer or going through the complicated
procedures of bureaucracy or the courts.
What is the procedure in the Katarungang
Pambarangay law?
Anyone who has cause of action against another involving any matter within the
jurisdiction of the authority of the Lupon may file a complaint either orally or in
writing before the Lupon chairman of the barangay. He also needs to pay a minimal
filing fee.
The Lupon chairman schedules a mediation within the following working day by
summoning the respondent with notice to the complainant and any witness he may
have.[3] Mediation is one of the two stages in the KP process, the other being
conciliation.
Mediation is a process where a mediator who is selected by the parties, facilitates
negotiation and communication, and helps the parties in reaching an agreement.
Conciliation is where an impartial intermediary opens communication between the
parties to allow them to resolve their dispute. Mediation is done before the Lupon
chairman while conciliation is made before the pangkat.
After summons for mediation, the respondent may or may not submit his answer or
counterclaim. During the mediation process, technical rules of evidence are not
resorted to. If the parties come to an amicable agreement, the settlement is executed in
writing between the complainant and the respondent.
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In the event, the mediation fails within fifteen days from the first meeting of the
parties, the Lupon chairman shall call for the constitution of the pangkat. [4]
The pangkat should convene within three days from its constitution to hear both
parties, simplify the issues and explore possibilities for amicable settlement. [5] The
pangkat should arrive at a settlement within fifteen days but this period can be
extended for another fifteen days in clearly merit.
If a party fails to appear before the pangkat without justifiable reason, the pangkat will
issue a certification to file action instead of convening. The pangkat can issue
subpoenas but it cannot punish anyone for contempt.
If the parties agree to amicably settle, the agreement must be reduced in writing and
attested by the Lupon chairman. The proceedings in the KP system are informal and
public.
Are lawyers allowed in Katarungang
Pambarangay?
Lawyers are not allowed in barangay conciliation proceedings by virtue of Section
415 of the Local Government Code of 1991. It provides that in all katarungang
pambarangay proceedings, the parties are required to appear in person and without the
assistance of any counsel or representative. [6]
Nonetheless, this admits of certain exceptions, such as, in cases with minors or
incompetents they may be guided or represented by their next of kin who are not
lawyers.[7]
The proscription of lawyers during the katarungang pambarangay proceedings stems
out from the very reason that the presence of them could drag the case into delay. In
this kind of proceeding, the Barangay Captain (Lupon Chairman) has the power to
bring together the parties to amicably settle their causes or disputes.
Allowing the lawyers to attend therein might make the case worse because they might
tend to confuse the issues further, using their logical and/or analytical skills and
knowledge of the law. This ultimately prolong the case instead of the desired expedite
settlement.
Yet, this is not to say that one who wishes to protect his rights cannot consult a lawyer
before filing a complaint with the barangay or participating with the proceedings.
What the law only prohibits is the attendance of the lawyers during the barangay
conciliation proceedings.
And if no settlement was agreed upon by the parties, the case will eventually go to
court and the parties will definitely need their respective counsels or representatives to
assist them all through-out the proceedings until final adjudication thereof.
How barangay settlement is executed?
Within six (6) months from date of the settlement, the disputant must file a Motion
for Execution with the Lupon,[8] who has the authority to conduct hearings assigned by
the movant but shall not be later than five (5) days from the filing of such motion. [9]
Once there was an arbitration settlement that were agreed upon by the parties, the
agreement or “kasunduan” shall be in writing, signed by the parties, and duly attested
to by the Barangay Captain. The said agreement shall be in the language or dialect
known to them.
However, if the party wishes to repudiate it shall be done within ten (10) days from the date of
the agreement. Otherwise, the settle agreement is akin to a final judgment of a court.[10]
This “settlement agreement may be enforced by execution by the lupon within six (6)
months from the date of the settlement. And after the lapse of six (6) months, the
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Despite that this is not a formal court process, the result of this proceeding is given
effect by law and becomes binding to the parties. In case they settled, their settlement
will be executed by the Lupon not more than 6 months.
When the parties failed to settle, it is the only time that they can institute a case in the
regular courts. Provided, they will be given certificate by the Lupon.
For cases covered under this law, compliance with this procedure is mandatory. In
fact, a complaint becomes premature and is susceptible to dismissal on the ground of
lack of cause of action of the complainant if the procedure is not followed.
However, when one party did not assail the non-compliance of the procedure and the
case already undergo court proceeding, his right to assail is deemed waived. The
Court will not be divested with jurisdiction over the case.
Overall, this law is effective in unburdening the regular courts with unnecessary cases
involving members of the same barangay. Through continuous implementation of this
law, the regular courts can focus on more important cases.