KATARUNGANG PAMBARANGAY LAW

 It was created by the virtue of Presidential Decree 1508 on June 1978

 Likewise, Republic Act 7160 (Local Government Code of 1991) integrated provisions to strengthen the
Katarungang Pambarangay. (promote speedy administration of justice, preserve and develop Filipino culture &
to strengthen the family as the basic social institution)
 It was created purposely to give the appropriate barangay chairman and barangay lupon officials to amicably
settle cases within their jurisdiction.

KATARUNGANG PAMBARANGAY

Katarungang Barangay (KP) is a system of justice administered at the barangay level for the purpose of amicable settling
disputes through mediation, conciliation or abitration among the family or barangay without resorting to the courts.

Barangay

The basic political unit;

✓ serves as the primary planning and Implementing unit of government policies, Plans, programs, projects, and activities
in The community (Sec 384 of the Local Government

The Barangay Chief Officials and Offices Are the following:

 Punong Barangay,
 Seven (7) Sangguniang Barangay Members, A Sangguniang Kabataan Chairman,
 A Barangay Secretary,
 A Barangay Treasurer; and
 ➤ Lupong Tagapamayapa.

LUPONG TAGAPAMAYAPA (literally. “Peace Congregation”)

It is a body of men created to settle disputes within the barangay level. It is also referred to as the LUPON.

Composition of the Lupon

The Lupon shall be composed of the Barangay Chairman as Chairman of the Lupon and the Barangay Secretary as the
Secretary of the Lupon, plus other members who shall be not less than ten (10) but not more than twenty (20). It shall
be constituted every three (3) years.

Threefold functions of the Lupon:

 To exercise administrative supervision over the mediation panels (pangkat);

 To meet regularly once a month to provide forum for exchange of ideas among its members and the public on
matters relevant To the amicable settlement of disputes; and
 To exercise other powers, duties and functions as may be prescribed by law or ordinance.

Who has the authority to constitute The Lupon?

The Punong Barangay can appoint the lupon members. It is his/her exclusive_prerogative — no need for approval,
confirmation or ratification of the sangguniang barangay.

WHAT IF THE PB FAILED TO CONSTITUTE/ORGANIZE A LUPON?

HE/SHE CAN BE CHARGED OF NEGLECT OF DUTY AND BE SUBJECTED TO ADMINISTRATIVE SANCTIONS.

Six (6) steps to constitute a Lupon

STEP 1: Determining the actual number of Lupon Members;

STEP 2: Preparing a notice to constitute the Lupon;

STEP 3: Posting the notice to constitute the Lupon;

STEP 4: Appointment of Lupon Members;

STEP 5 Oath taking of Lupon members;

STEP 6: Posting

Are the lupon members entitled to some Compensation? Do they have benefits due to Them?

The Lupon members shall serve without any compensation. If the barangay has enough funds, PB can always give
honoraria to Lupon members who have participated in the resolution of a particular case. On the other hand, under
Commission on Higher Education (CHED) order 62 series of 1997, two daughters or sons of a Lupon member are
qualified to become a state scholar in tertiary education to any state colleges or universitics.

PANGKAT TAGAPAGKASUNDO “PANGKAT”

 It shall act as the conciliation panel. It is also Referred to as the PANGKAT.

 It shall be composed of three (3) members chosen from the members of the Lupon. They shall choose from
among the three of them the Pangkat Chairman and Pangkat Secretary,
 The pangkat shall be constituted whenever a dispute is brought before the Lupon. •The members of the Pangkat
shall be chosen By the parties of the disputes from among the Lupon members. In case of disagreement the
Barangay Chairman shall draw lots.

Organization of Pangkat

The three (3) members constituting the Pangkat shall elect from among themselves the chairman and the secretary. The
secretary shall prepare the minutes of the Pangkat proceedings and submit a copy duly attested to by the chairman to
the Lupon Secretary and to the proper city or municipal courts. He shall issue and caused to be served notices to the
parties concerned. (Sec 404 of the Local Government Code)

CASES UNDER THE KATARUNGANG PAMBARANGAY

1. 154); Unlawful Use of Means of Publication and Unlawful Utterances (Art.

2. Alarms and Scandals (Art. 155),
3. Using False Certificates (Art. 175);
4. Using Fictitious Names and Concealing True Names (Art. 178);
5. Illegal Use of Uniforms and Insignias (Art. 179);
6. Physical Injuries Inflicted in A Tumultuous Affray (Art. 252),
7. Giving Assistance to Consummated Suicide (Art: 253);
8. Responsibility of Participants in A Duel If Only Physical Injuries Are Inflicted or No Physical Injuries Have Been
Inflicted (Art. 260);
9. Less Serious Physical Injuries (Art. 265),
10. Slight Physical Injuries and Maltreatment (Art. 266);
11. Unlawful Arrest (Art. 269),
12. . Inducing A Minor to Abandon His/Her Home (Art 271);
13. . Abandonment of A Person in Danger and Abandonment of One’s Own Victim (Art. 275);
14. . Abandoning A Minor (A Child Under Seven [7] Years Old) (Art. 276),
15. Abandonment of A Minor by Persons Entrusted with His/Her Custody, Indifference of Parents (Art. 277),
16. . Qualified Tresspass To Dwelling (Without the Use of Violence and Intimidation).
17. . (Art. 280); Other Forms of Tresspass (Art. 281);
18. . Light Threats (Art. 283); 19 Other Light Threats (Art. 285);
19. Grave Coercion (Art. 286);
20. Light Coercion (Art. 287);
21. . Other Similar Coercions (Compulsory Purchase of Merchandise and Payment of Wages by Means of Tokens).
(Art. 288); Ranza
22. Formation, Maintenance and Prohibition of Combination of Capital or Labor Through Violence or Threats (Art.
289);
23. Discovering Secrets Through Seizure and Correspondence (Art. 290);
24. Revealing Secrets with Abuse of Authority (Art: 291);
25. Theft (If the Value of The Property Stolen Does Not Exceed P50.00). (Art. 309);
26. Qualified Theft (If the Amount Does Not Exceed P500). (Art. 310);
27. Occupation of Real Property or Usurpation of Real Rights in Property (Art 312);
28. Altering Boundaries or Landmarks (Art. 313),
29. . Swindling or Estafa (If the Amount Does Not Exceed P200.00). (Art. 315);
30. •Other Forms of Swindling (Art. 316); a.
31. Swindling A Minor (Art 317); 9g Other Deceits (Art 318);
32. Removal, Sale or Pledge of Mortgaged Property (Art: 319);
33. Removal, Sale or Pledge of Mortgaged Property (Art. 319), 34 Special Cases of Malicious Mischief (If the Value of
the Damaged Property
34. Does Not Exceed P1,000.00). (Art 328);
35. Other Mischiefs (If the Value of The Damaged Property Does Not Exceed P1,000.00). (Art 329);
36. Simple Seduction (Art. 338),
37. Acts of Lasciviousness with The Consent of The Offended Party (Art 339);
38. Threatening to Publish and Offer to Prevent Such Publication for Compensation (Art 356);
39. Prohibiting Publication of Acts Referred to in the Course of Official Proceedings (Art. 357); oo Incriminating
Innocent Persons (Art 363),
 40. Intriguing Against Honor (Art. 364);
41. Issuing Checks Without Sufficient Funds (Bo 22), and
42. . Fencing of Stolen Properties If the Property Involved Is Not More Than P50.00 (Pd 1612),

Subject Matters for Amicable Settlement Before the Lupon Chairman:

General Rule:

All disputes are subject to barangay conciliation and prior recourse thereto is a pre-condition before filing a complaint in
court or any government offices.

Exemptions:

 Where one party is the government, or any subdivision or instrumentality thereof;

 Where one party is a public officer or employee and the dispute relates to the performance of his official
functions;
 Where the dispute involves real properties located in different cities and municipalities, unless the parties
thereto agree to submit their difference to amicable settlement by an appropriate Lupon;
 Any complaint by or against corporations, partnerships or juridical entities, since only individuals shall be parties
to barangay conciliation proceedings either as complainants or respondents;
 Disputes involving parties who actually 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;
 Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one (1) year or a fine of
over five thousand pesos (P5,000.00);
 Offenses where there is no private offended party;
 Where the accused is under detention; • Where person has otherwise deprived of Personal liberty calling for
habeas corpus Proceedings;

The Rules in Determining Venue in Settling Disputes are the Following:

a. The 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 or 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; And
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