Barangay Criminal Justice System

• PD 1508 as amended by 7160:

It provides for the creation of Lupon Tagapamayapa who shall exercise

administrative supervision of amicable settlement of all disputes covered by
katarungang pambarangay law.

In principle, KP is an informal part of the Court because there are

complaints either civil or criminal which requires to undergo the process of
reconciliation.

The aim of KP is to provide speedy resolution of court docket through

conciliation, mediation, and arbitration to avoid mockery in the dispensation
of justice in court.
Its Significance to Criminal Investigation
 Before a complaint is referred to the prosecutor’s office he has to exert
diligence to ferret out the truth regarding the controversy;
 In as much as he wants to help the victim, he must also to protect the
innocent from the rigors of trials;

 POLICE INVESTIGATOR: should determine what court has jurisdiction

over the case.
When the case is punishable by less than 6 years imprisonment, it is
within jurisdiction of MTC or MCTC, if otherwise it falls within the jurisdiction
of RTC.
a. When one party is the government or any subdivision or
instrumentality thereof;
b. When one party is a public officer or employees , and the disputes
relates to the performance of official functions;
 c. Offenses punishable by imprisonment exceeding 1 year or a fine
not exceeding Five Thousand ( P5,000.00) pesos;

d. Offenses where there is no private offended party;

e. Where the dispute involves real properties located in different

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

f. Disputes involving parties who actually resides in barangay of

different cities and municipalities except where such barangay units
adjoins each other and the parties thereto agree to submit their
differences to amicable by an appropriate lupon or; and

g. Such other classes of disputes which the President may, in the

interest of justice, determine upon the recommendation of the
Secretary of Justice and Secretary of Interior of Local Government.
CONCILIATION
A. Pre –condition to filing of complaint in court – No complaint, petition,
action of proceeding involving any matter within the authority of the lupon
shall be filed or instituted directly in court or any government office for
adjudication unless there has been a confrontation between the parties
before the lupon chairman or the pankat and that no conciliation or
settlement has been reached as certified by the lupon secretary or pangkat
secretary as attested by the lupon chairman or pangkat chairman or unless
the settlement has been repudiated by the parties thereof;

B. Where parties may go directly to court.

The parties may go directly to court in the following instances:
1) Where the accused is under detention;
2) Where a person has otherwise been deprived of personal liberty
calling for habeas corpus proceedings.
 3) Where actions are coupled with provisional remedies such as
preliminary injunction, attachment, delivery of personal property and
support pendent life; and

4) Where the action is barred by the statute of limitation.

OTHER CASES COGNIZABLE BY KATARUNGANG PAMBARANGAY

Light felonies
Violation of rental law
Cases of RA 9344 when the offense is punishable by not more than
6 years and the child is above 15 years ( 15 yo and 1 day) old but below
18 years old and acted with discernment and if the child is below 15
years old.
Cases of RA 9262. For application of barangay protection order only.
How important is the coordination among
the five pillars?
It should be evident that the Philippine CJS is not the agencies
charged with law enforcement; not just the prosecution – arm of the
government; nor just the courts; nor just the correctional system nor;
just the community.

The CJS is all of these pillars considered working collectively and

in coordination with one another. Each pillar should and must perform
its role otherwise the system would not work.

These pillars are inter-related and connected with each other,

hence, coordination is essential and imperative in bringing justice in
the community.