The BARANGAY JUSTICE

SYSTEM in the Philippines

By:
Atty. Mitchell John L. Boiser
 HISTORICAL BACKGROUND
• November 10, 1976, the late Chief Justice
Fred Ruiz Castro made a radical
proposal to remedy the alarming
problem of court dockets congestion:
– Create Neighborhood paralegal committees
where all kinds of suit was heard before the
old men of the district…
• January 27, 1978,
– President Ferdinand E. Marcos created a
presidential commission

• Purpose:
– To study the feasibility of instituting a system
of resolving disputes among family and
barangay members at the barangay level
without recourse to the courts
• June 11, 1978, President Ferdinand E.
Marcos issued Presidential Decree No.
1508 entitled the Katarungang
Pambarangay Law
• October 10, 1991, the Local Government
Code of 1991 Amended , changed and
modified some provisions of PD 1508
 PHILOSOPHY behind the
Katarungang Pambarangay
• System of justice
• For resolution of local level disputes
• Free the court with cases
• Provide justice to the poor
• Not judge, but assist
 IMPORTANCE
• promote the speedy administration of
justice
• implement the constitutional mandate to
preserve and develop Filipino culture and
to strengthen the family as a basic social
institution
• help relieve the courts of docket
congestion
INSTITUTIONAL LINKAGES

THE LGU
THE DOJ
Effective
Promulgate IRR &
implementation
provide simplified
& administration
KP forms
of the KP
Render legal
Provide budget
advice
Monitor KP Program

THE DILG
Exercise general
supervision
over LGU’s (AO 267)
Provide reward
system (LTIA)
 GENERAL RULES

1) No Lawyers are allowed in Barangay

hearings
• Not all cases go to the Katarungan
Pambarangay.
Cases not covered by
Katarungan Pambarangay Law
1. One party is the government.
2. One party is a public officer.
3. Offenses punishable by imprisonment exceeding one (1) year or a
fine exceeding Five thousand pesos (P5,000.00);
4. No private offended party
5. Real property from different municipalities
6. Labor disputes or controversies arising from employer-employee
relations
7. Where the dispute arises from the Comprehensive Agrarian Reform
Law 
8. Actions to annul judgment upon a compromise which may be filed
directly in court 
 GENERAL RULES (continued)
• Settlement or arbitration award may be
enforced by execution:
– By the Lupon; or
– By the appropriate city or municipal court.
• The Lupon and Pangkat are not
COURTS;
– Barangay officials do not have judicial powers
– They are simply authorized to do conciliation or
mediation so that disputes that are within their
jurisdiction will no longer reach the courts and
therefore will help free up court dockets
THE LUPONG TAGAPAMAYAPA
• Creation
– Sec. 399, RA 7160
• Composition
– Not less than 10 but not more than 20
– PB as Lupon Chairman
• Persons who are residents or working in the
barangay
• Disqualified Persons: Judges, Elective Officials
• Procedure for Appointment
– Notice to constitute lupon
– Within the 1st 15 days from the start of the term
– Posted in 3 conspicuous places for 3 weeks
– Issue appointment within 10 days
– Notice of Appointment
– Oath of Office
– List of Appointed Lupon posted in 3 conspicuous place in
the barangay for the entire duration of their term
• Term of Office
– 3 years until a new lupon is constituted
– Unless terminated by resignation, transfer of residence,
withdrawal of appointment
• Character of Office
– Persons in authority
– Receive honoraria, allowance
– If member is a Govt./private employee
• Duties as Lupon is on official time
Powers and Duties of the Lupon
Chairman
• Cause the Constitution of the Lupon
• Mediation and Arbitration Functions
– Receive all complaints
– Administer oaths
– Mediate all disputes
– Arbitrate dispute upon written agreement of
the parties
• Cause the Constitution of the Pangkat
• Other powers and duties
– Set the date, time and place of, and preside
over the regular meetings of the Lupon
– Prepare the agenda for each meeting
– Attest the certification signed or issued by
the Lupon secretary
– Enforce the amicable settlement or
arbitration award
 The Lupon Secretary
• Keep and maintain a record book of all complaints
• Note the results of the mediation proceedings and submit a
report to the proper MTC/MCTC
• Record the willful failure or refusal of a party/witness with
the summons/subpoena issued by the PB
• Receive and keep records of proceedings of the pangkats
• Issue certification to bar action
• Issue certification to file action in case of repudiation
• Issue certified true copies of any public record in his custody
that is not by law declared confidential
 The Pangkat Chairman
• Preside over all hearings and administer oaths
• Issue summons/subpoena
• Attest to the authenticity of the settlement
• Preside over arbitration hearings
• Attest to the certification to file action issued by
the pangkat secretary
 The Pangkat Secretary
• Issue notices of hearing
• Keep minutes of the proceedings and
submit to the lupon secretary
• Transmit to the secretary all settlements
agreed upon by the parties
• Issue certification to bar action
• Issue certification to file action
Procedure in the settlement of disputes in
the Katarungang Pambarangay

• Conciliation
– involves building a positive relationship
between the parties of dispute where the
“conciliator” assists the parties by driving their
negotiations and directing them towards a
satisfactory agreement.
• Mediation
– the mediator, facilitates dialogue in a structured
multi-stage process to help parties reach a
conclusive and mutually satisfactory
agreement.
• Arbitration
– procedure in which a dispute is submitted, by
agreement of the parties, to one or more
arbitrators who make a binding decision on the
dispute.
 Arbitration Conciliation mediation
Arbitrator determines the Assistance/negotion assistance
outcome

No formal rules of No structured process Structured process

procedure
 PROCEDURE OF DISPUTE
SETTLEMENT
Mediation

• Complaint
• Check if it is a barangay dispute
• Filing Fee
• Notice of Hearing to complainant
• Summons to Respondent
COMPLAINANT FAILS TO APPEAR
• Dismiss the complaint
• Direct the issuance of Certification to Bar Action in
Court or government office
• Apply with the local trial court for Indirect
Contempt of Court
 PROCEDURE OF DISPUTE
SETTLEMENT
Mediation

• Complaint
• Check if it is a barangay dispute
• Filing Fee
• Notice of Hearing to complainant
• Summons to Respondent
RESPONDENT FAILS TO APPEAR
• Dismiss the counterclaim
• Direct the issuance of Certification to Bar the
Counterclaim
• Apply with the local court as for Indirect Contempt
of Court
• Constitute the Pangkat
PROCEDURE OF DISPUTE
SETTLEMENT
Mediation
• Complaint
• Check if it is a barangay dispute
• Filing Fee
• Notice of Hearing to complainant
• Summons to Respondent
• Open to the public
• Appearance in person
• 15 days
• If successful- amicable settlement
• If not- constitute the Pangkat ng
Tagapagkasundo
 PROCEDURE OF DISPUTE
SETTLEMENT
Constitution of the
PANGKAT NG
TAGAPAGKASUNDO
• Set the date
• Failure to appear without justifiable
cause
COMPLAINANT FAILS TO APPEAR
• Dismiss the complaint
• Direct the issuance of Certification to Bar Action in
Court or government office
• Apply with the local trial court for Indirect
Contempt of Court
PROCEDURE OF DISPUTE
SETTLEMENT
Constitution of the
PANGKAT NG
TAGAPAGKASUNDO
• Set the date
• Failure to appear without justifiable
cause
RESPONDENT
• Dismiss the counterclaim
• Direct the issuance of Certification to Bar the
Counterclaim
• Apply with the local court as for Indirect Contempt
of Court
• Constitute the Pangkat by drawing of lots
PROCEDURE OF DISPUTE
SETTLEMENT
Constitution of the
PANGKAT NG
TAGAPAGKASUNDO
• Set the date
• Failure to Appear
• Once constituted, Lupon Chairman gives
notice to chosen pangkat members
• Sets the date for initial hearing
• Pangkat elect the chairman and secretary
• Not later than 3 days from constitution.
 PROCEDURE OF DISPUTE
SETTLEMENT
Conciliation
• Notice of Hearing to complainant
• Summons to Respondent

COMPLAINANT
• Dismiss the complaint
• Direct the issuance of Certification to Bar Action in
Court or government office
• Apply with the local trial court for Indirect
Contempt of Court
PROCEDURE OF DISPUTE
SETTLEMENT
Conciliation
• Notice of Hearing to complainant
• Summons to Respondent

RESPONDENT
• Dismiss the counterclaim
• Direct the issuance of Certification to Bar the
Counterclaim
• Apply with the local court as for Indirect Contempt
of Court
• Direct the Issuance of the Certification
to File Action
PROCEDURE OF DISPUTE
SETTLEMENT
Conciliation
• Notice of Hearing to complainant
• Summons to Respondent
• Open to the Public
• Appearance in Person
• 15 days
• Extended for 15 days in meritorious
cases
• If successful- Amicable Settlement
• If not-Certification to File Action
 PROCEDURE OF DISPUTE
SETTLEMENT
Arbitration
• During the mediation or conciliation stage
• Written Agreement to Arbitrate
• After 5 days, hearings begin
• Evidence for the complainant (with witnesses to
support him)
• Evidence for the respondent (with witnesses to
controvert the claim/ support him)
• Evaluate the evidence and render and award not
more than 15 days from date of agreement to
arbitrate.
• Arbitration Award
 END RESULT OF KP
SETTLEMENT
Amicable Settlement

• In writing
• Language/dialect known to the parties
• Signed by both complainant & respondent
• Attested to by the Lupon/Pangkat Chairman
• Final and executory after 10 days from date of
settlement except if REPUDIATED by any party
 END RESULT OF KP
SETTLEMENT
Repudiation

• Sworn statement before the lupon or pangkat

chairman
• Ground: consent was obtained/vitiated by fraud,
violence or intimidation
• Basis for the issuance of a Certification to File
Action in court or any government office
 END RESULT OF KP
SETTLEMENT
Arbitration Award
• In writing
• Language/dialect known to the parties
• Signed by the lupon chairman and all members of
the pangkat
• Final and executory after 10 days from receipt of
the award
• Within the 10 day period, any party may file
before the court a PETITION FOR
NULLIFICATION OF THE AWARD
EXECUTION OF SETTLEMENT
AND AWARD
• Lupon
– If settlement or arbitration award is
enforced w/in 6 months from
• Date of settlement
• Date of receipt of the award
• Date the obligation becomes due and demandable
• Appropriate city/municipal court
– After the lapse of the 6 month period
 EXECUTION OF SETTLEMENT
AND AWARD

• Filing of motion for execution

• Hearing
– Within 5 days from the date of the filing of the
motion
– Ascertain non-compliance
– Urge for voluntary compliance (5 days)
• Issuance of notice of execution
EXECUTION OF SETTLEMENT
AND AWARD

Procedure of Execution
– Payment of money
• 5 days for voluntary payment
• If not, take possession of sufficient personal property
– Located in the barangay
– Be of value sufficient to pay the obligation
– Chosen by the party obliged
EXECUTION OF SETTLEMENT
AND AWARD

Procedure of Execution
– Delivery or restitution of property located in the
barangay
• Oust the person against whom the settlement or
award is rendered and place the party entitled
thereto in possession of such property.
EXECUTION OF SETTLEMENT
AND AWARD
Procedure of Execution
– Delivery or restitution of property located in
another barangay of the same city or
municipality
• Authorize the PB of the barangay where the
property is situated to take possession of the
property and to oust the person against whom the
settlement or award is rendered and place the party
entitled thereto in possession of such property.
 EXECUTION OF SETTLEMENT
AND AWARD
Procedure of Execution
– Execute a conveyance of land, or to deliver
deeds or other documents, or to perform any
other specific act
• PB may direct the Lupon secretary to perform the
act at the cost of the disobedient party
• Payment before sale
– Before the sale on execution
EXECUTION OF SETTLEMENT
AND AWARD
Procedure for Sale of Personal Property on
Execution

– Notice of sale
• 3 public places ( indicating the time and place)
• Not less than 24 hours prior to the sale (perishable)
5-10 days other personal property
– Manner of sale
• Public auction – highest bidder
• Disqualified to bid: PB, Lupon Sec., Lupon members
– Disposition of proceeds
– Conveyance to purchaser
• Certificate of sale