COR JESU COLLEGE

GRADUATE SCHOOL

Katarungang
Pambarangay
 HISTORY
of

Katarungang
Pambarangay
 The establishment and operation of the Barangay Justice System is
mandated by Republic Act No. 7160 or the Local Government Code of
1991. Prior to this law, however, the establishment of the Barangay
Justice System has been covered by the Presidential Decree 1508 IN
1987 and Batas Pambansa Blg. 337 or the 1983 Local Government Code
 Essence of Katarungan
Pambarangay
The essence of the Katarungang Pambarangay Law is the amicable settlement of disputes
wherein the disputing parties are encouraged to make mutual concessions to obtain a peaceful
resolution of the dispute without formal adjudication thereof. The important consideration in
amicable settlement is the extent to which the parties are willing to compromise their respective
claims against each other within the limits imposed by law, morals, good customs, public order
and public policy.
(DO Opinion No. 185, s. 1981)

The barangay settlement procedures are intended as a screening process whereby the barangay captain
and the pangkat ng tagapagkasundo, the conciliation panel constituted from the lupon membership,
determine which cases are truly irreconcilable and should therefore be resolved judicially
(DOJ Opinion No. Ill, s. 1982)
PROCEDURE
OF

AMICABLE
SETTLEMENT
Complaint is filed with the If failed, Brgy. Captain creates
Barangay Captain pangkat
Pangkat conciliates the parties

Settle and close

Lupon Secretary record the
complaint Settle and close

Barangay Captain conciliates If failed, proceed to court

Issue summon the parties
 OBJECTIVES
Under the Barangay Justice
System, the main strategy for
settling disputes is to provide a
venue for the disputing parties to
search for a resolution that is
mutually acceptable
Assist the parties in Do not act as judges or
discussing the possible adjudicators of disputes but
amicable settlement of their as facilitators for the
disputes disputing parties' discussion
of possible solutions
What are the Objectives of
Barangay Conciliation
Procedure?
SPEEDY ADMINISTRATION PEACEFUL & FRIENDLY
OF JUSTICE SETTLEMENT

PERPETUATE TRADITION
AND CULTURE

ALTERNATIVE TO INTEREST OF PUBLIC

LITIGATION PEACE AND ORDER
What are the Functions of
Lupon?
 The function of the lupon tagapayapa is primarily
conciliatory not adjudicative

Exercise administrative supervision

over the conciliation panels provided
in the Code
Exercise such other powers and
perform such other duties and
fuctions as may prescribed by law
and ordinance
Meet regularly once a month to provide a forum
for matters relevant to the amicable settlement of
disputes, and to enable various conciliation panel
members to share with one another their
observations and experiences in effecting speedy
resolution of disputes
 Scope of Lupon Powers

The Lupon Tagapamayapa is an administrative body. It has only such

powers and functions as are conferred on it expressly or by necessary
implication by the law that created it. (DOJ
Opinion No. 100, s. 1979 and No. 29, s. 1984)
 Who will be the Ex- Who will be take over if
Officio Chairman of the Ex-Officio Chairman is
Lupon? no available?

The Punong Barangay

The Most Senior Councilman
(Barangay Captain)
 Who shall act as What is the function of
Secretary of the Lupon? the Secretary?

The secretary shall record the

results of mediation
proceedings before the
Punong Barangay and shall
submit a report thereon to the
proper city or municipal
The Barangay Secretary courts.
GENERAL RULES
1. No Lawyers allowed in Barangay Hearings.
GENERAL RULES
2. Not all cases go to Katarungang Pambarangay
GENERAL RULES
3. The Lupong Tagapamayapa is not a court.
 Three (3) ways to resolved disputes

1. Mediation
2. Conciliation
3. Arbitration
Pangkat ng Tagapagkasundo

Consist of three (3) members who shall be chosen by the parties to

the dispute from the list of members of the lupon.
 Who shall render legal advice
on matters involving
questions of law

The Provincial, City Legal Officer or

Prosecutor or Municipal Legal Officer
Pangkat ng Tagapagkasundo

Consist of three (3) members who shall be chosen by the parties to

the dispute from the list of members of the lupon.
 Enumerate the Exceptions for Amicable Setllement
The lupon of each barangay shall have authority to bring
together the parties actually residing in the same city or
municipality for amicable settlement of all disputes
except:

Where the party is a public

Where one party is the officer or employee and the
government or any dispute relates to the
subdivision or performance of this official
instrumentality thereof; functions
 Enumerate the Exceptions for Amicable Setllement

Offenses punishable by
imprisonment exceeding
one (1) year or a fine of Offense where there is no
P 5,000.00 privste offended party;
Enumerate the Exceptions for Amicable Setllement

Such other classes of diisputes which

the President may determine in the
interest of justice or upon the
recommendation of the Secretary of
Justice
 Enumerate the Exceptions for Amicable Setllement

Where the dispute involves real

properties located in diff. cities,
mun. unless parties thereto agree
to submit their differences to
amicable settlement by an
appropriate lupon
Disputes involving parties who
actually reside in barangay of diff.
cities, mun.,except where such
barangay units adjoin each other and
the parties thereto agreee to submit
their diff. by an appropriate lupon
 Where will the conciliation
will be held?
• Barangay (persons residing in the same barangay)

2. Barangay where the respondent resides

(persons residing not in the same barangay, same city or municipality)
Where will the conciliation
will be held?
3. Involving real property (barangay where are real property
situated)

4. Employed in the same institutuon (brgy where such

workplace located)
5. Objections to venue shall be raised in the mediation
proceedings before the punong barangay
Who will provide the budget of
Katarungang Pambarangay?

Annual Budget of the City or

Municipality concerned
Salamat!
Thank you for listening