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RELATED LAWS

PERTAINING TO
KATARUNGAN
PAMBARANGAY
• Presidential Decree 1293

•Presidential Decree 1508


Old Katarungan
Pambarangay
• Republic Act No. 7160,
Otherwise known as the Local
Government Code of 1991

•Magna Carta Of Women


(Republic Act no. 9710)
• Violence Against Women and
their Children
(Republic Act no. 9262)
• Physical Violence
• Sexual Violence
• Psychological Violence
• Economic Violence
• Barangay Protection Order
• Special Protection of Children
Against Abuse, Exploitation
and Discrimination Act
(Republic Act 7610)

•Juvenile Justice and Welfare Act


(Republic Act 9344 and Republic
Act 7610)
• Alternative Dispute Resolution Act
of 2004
(Republic Act 9285)

•The Indigenous People’s Right Act


of 1997
(Republic Act 8371)
RESTORATIVE
JUSTICE
What is Restorative Justice?

- Restorative Justice is a Theory of


Justice that considers crime and
wrongdoing to be an offense against an
individual or community, rather than
the state. It is an alternative way of
responding to crime in communities
and criminal justice systems. It requires
the active participation of the victim,
offender and community.
Objectives of restorative justice
1. Promote the victim’s healing from the effects of
the crime
2. Engage with offenders to establish accountability
and responsibility for the consequences of their
actions
3. Develop an appreciation of the impact of the
offense on the victim
4. Encourage and facilitate the provision of
appropriate forms of reparation by offenders to
victims and the community
5. Seek reconciliation between the victim and
offender where possible.
6. Strive to reintegrate the victim and offender into
the community.
Fundamental principles of restorative
justice
1. Restorative Justice focuses on harms and related
needs
2. Restorative Justice Addresses the obligations and
liabilities arising from those harms
3. The process is inclusive and collaborative
4. It involves all stakeholders in the situation:
victim, offender and community.
5. Restorative justice seeks to heal and make right
the wrongs
Attributes of Restorative Justice
- Encounters between victims and offenders
• Victims and offenders may agree to meet
together in the presence of a trained
facilitator to talk about what happened, the
harm that resulted and what it will take to
make things right.
- The obligation to repair the harm, and
• The primary accountability of the offender
should be to do what he can to make things
right. This often involves restitution,
apology, changed behavior and acts of
generosity.
- The expectation that transformation may take
place.

* Victims can become thriving survivors


* Offenders can become contributing members
of the society
* Secured and peaceful community

Restorative Justice involves three parties:

1. The VICTIM or the individual harmed


2. The OFFENDER or the individual who
caused the harm
3. The COMMUNITY or the place where the
harm was committed
Three Pillars of Restorative
Justice

1. Harms and Consequent needs


2. Obligation to make right
3. Engagement of stakeholders
Restorative Justice in relation to
Retributive Justice
Restorative Justice Retributive Justice

Theory of justice that considers crime Theory of justice that advocates for
and wrongdoing to be an offence punishment as a proportionate response
against an individual or community, to crime
rather than the state.

It is an alternative way of responding to It seeks to give a form of satisfaction on


crime in communities and criminal the part of the aggravated party that in
justice systems. deed the person who committed the
crime has been punished.

Who has been hurt? What laws were broken?


What are their needs? Who did it?
Who is responsible? What punishment do they deserve?
• Restorative Justice Models
1. Victim-Offender Mediation
A process in which the victim and the offender meet
in the presence of a trained facilitator/mediator with
focus of the dialogue on the harm that was done to
the victim and the offender’s responsibility for
reparation of that harm.
2. Family Group conferencing
It involves the community of people most affected
by the crime (victim, offender, their families and
friend and key supporters of both) in deciding the
resolution of the incident. The affected parties are
brought together by a trained facilitator to discuss
how they and others have been harmed by the
offense and how that harm might be repaired.
3. Circle Process
A holistic reintegrative strategy designed not only
to address the criminal behavior of the offender
but also to consider the needs of the victims, their
families and the community. The process begins
by sitting in a circle and passing a “talking piece”.
• Restorative Justice and Alternative Dispute
Resolution
Alternative Dispute Resolution is defined as
procedures for settling disputes by means other than
litigation. Restorative Justice is not a specific process
but rather a set of guiding principles and values, a
framework for identifying and addressing harms and
obligations.
• Katarungang Pambarangay system,
Juvenile Justice System and Indigenous
Justice System conform to Restorative
Justice Processes:
•Katarungang Pambarangay System is an
alternative mode of settling dispute
outside the court process. It offers a
speedy disposition of conflicts within the
community that can be resolved through
mediation, conciliation or arbitration.
• The application of restorative justice is mandated
in order to repair the harm done by children in
conflict with the law (CICL). Duty-bearers such
as the Lupon Tagapamayapa shall ensure that the
victims and their families are properly cared for
and their needs are properly addressed.
• The Customs and traditions of indigenous
peoples shall be applied in settling disputes
between and among members of indigenous
cultural communities. The community takes
active participation in reconciliation of the
victim and offender to ensure that the harm
inflicted is addressed.
Subject Matter for Direct Filing in
Court
1. Where one party is the government
2. Where one party is a public officer or
employee and the dispute relates to the
performance of his official functions.
3. Offenses for which the law
prescribes a maximum penalty of
imprisonment exceeding one year or a
fine of more than Php 5,000.
4. Offenses where there is no private
offended party.
5. Where the dispute involves real
property located in different cities or
municipalities unless the parties
agree to submit to amicable
settlement before the Lupon.
6. Disputes involving parties who
actually reside in barangys of
different cities or municipalities.
7. Other Classes of disputes
which the President may
determine in the interest of
justice.
8. Complaints by or against
corporations, partnerships or
other juridical entities
9. Disputes where urgent legal action is
necessary to precent injustice from being
committed or further continued:
a. Accused is under police custody or
detention
b. petitions for Habeas Corpus
c. Actions coupled with Provisional
Remedies (remedies asked by litigants to
preserve the status quo ante)
I. Preliminary injunction
ii. Support pendent lite
iii. Receivership
iv. Preliminary Attachment
10. Actions which may be barred by
the Statue of Limitations
11. Disputes which arise from the
Comprehensive Agrarian Reform
Law
12. Labor Disputes or Controversies
13. Actions to annul a judgment
upon a compromise
• Rules and Venue
1. Where the parties reside in the same
barangay, dispute shall be brought in
said barangay

2. Where the parties reside in different


barangays in the same city or
municipality, dispute shall be settled
in the barangay where the respondent
or any of the respondents actually
resides, at the choice of the complaint
3. Disputes involving real property shall be
brought in the barangay where the property or a
larger portion thereof is situated.

4. Disputes arising at the workplace where the


parties are employed or at the institution where
parties are enrolled to study, shall be brought in
the barangay where the workplace or institution
is located.

5. objection on venue shall be raised before the


PB during the mediation proceedings. Failure to
do so shall be deemed a waiver of such
objections.
Cases Under Lupon
Tagapamayapa
Offenses Punishable by Imprisonment
Exceeding One (1) year or a Fine Exceeding
Five Thousand Pesos (P 5,000.00) Under
Revised Penal Code

1. Article 154 – Unlawful use of means of


publication and unlawful utterances
2. Article 155 – Alarm and scandals
 
(a) Discharge, within any town or public place, any firearm,
rocket, firecracker or other explosive calculated to cause
alarm or danger;

(b) Instigate or take an active part in a charivari or other


disorderly meeting offensive to another or prejudicial to
public tranquility;

(c) Disturb the public peace while wandering about at night


or while engaged in any other nocturnal amusements; and

(d) Cause any disturbance or scandal in public places while


intoxicated or otherwise.
 
3. Article 174 – Falsification by any private
person of a medical certificate or certificate of
merit or service, good conduct or similar
circumstances.
 
4. Article 175 – Knowingly using of false medical
certificate or certificate of merit or service or good
conduct.

5. Article 178 – Concealment of true identity.


 
(a) Publicly using fictitious name for purpose of
concealing a crime;
(b) Concealing one’s true name and other personal
circumstances.
6. Article 179 – Publicly and improperly making use
of insignia, uniforms or dress pertaining to an office
not held by such person or class of persons of which
he is not a member.
 
7. Article 180, Par. (4) – Giving false testimony
against the defendant in any criminal case if the
dependant shall have been sentenced to a correctional
penalty or a fine or shall have been acquitted.
 
8. Article 181 – Giving false testimony favorable to
defendant in a criminal case, if the prosecution is for a
felony punishable by a correctional penalty and lower.
 
9. Article 200 – Grave scandal committed by offending
against decency or good customs by any highly scandalous
conduct.
 
10. Article 252 – Physical injuries inflicted in a
“Tumultuous Affray” wherein the person responsible
thereof cannot be identified and therefore all those
appearing to have used violence upon the person of the
offended party being criminally liable.
 
11. Article 253 – Giving assistance to another to commit
suicide but the suicide is not consummated.
12. Article 259 – Dispensing any abortive drug or
substance or material by a pharmacist without the
proper prescription from a physician.
 
13. Article 260 – Duel. Participating in a duel,
although no physical injury has inflicted or if slight or
less physical injuries are inflicted.
 
14. Article 265 – Less physical injuries.
 
Incapacitate the offended party for more than 10 days
but not more than 30 days except those causing
intentional mutilation, insanity, impotence, blindness,
deformity, loss of the part of the body or the use
thereof, loss of use of speech, power to hear or smell.
15. Article 266 – Slight physical injuries and maltreatment.
 
(a) Incapacitate the offended party for labor from 1 to 9 days
or shall require medical attendance during the same period.
(b) Causing physical injuries that do not prevent the
offended party from engaging in his habitual work, or
require medical attendance.
(c) Ill treating or maltreating another by deed without
causing any injury.
 
16. Article 269 – Unlawful arrest committed by detaining a
person for purpose of delivering him to the proper authorities
in a case not authorize by law or without reasonable ground
therefore.
 
17. Article 271 – Inducing a minor to abandon his home
18.Article 275 – Abandonment of person in danger.
 
(a) Failure to render assistance to any person
wounded or in danger of dying.
(b) Abandonment of one’s victim.
(c) Abandoning a child under 7 years of age by
failing to deliver the said child to the authorities or
to his family or fail to take him to a safe place.
 
19.Article 276 – Abandoning of minor under 7
years of age, the custody of which is incumbent
upon him.
20. Article 277 – Abandonment of minors by person
entrusted with his custody.
 
(a) Having charge of rearing or educating the minor
without the consent of the parents or proper
authorities.
(b) Parents who neglect their children by not giving
them proper education, which their status in life and
financial condition permits.
 
21. Article 280 – Qualified trespass to dwelling.
 
22. Article 281 – Entering a close premises or the
fence of another while uninhabited, if the prohibition
to enter is manifested and the trespasser has not
secured permission to enter.
23. Article 282, Para. (2) – Grave threats. If the threat
is not subject to a condition.
 
24. Article 283 – Light threats. A threat to commit a
wrong not constituting a crime.
 
25. Article 285 – Other light threats.
 
(a) Threatening another with a weapon or drawing such
weapon in a quarrel, unless it be in lawful self-defense.
(b) In heat of anger, orally threaten with some harm not
constituting a crime.
(c) Orally threaten to do to another any harm not
constituting a felony.
26. Article 286 – Grave Coercion (To compel by
force). One who, without authority of law, shall by
means of violence, prevent another from doing
something not prohibited by law, or compose him to
do something against her will, whether it be right or
wrong.
 
27. Article 287 – Light Coercion
 
(a) By means of violence, shall seize anything
belonging to his debtor for the purpose of applying the
same to the payment of debt.
(b) Unjust vexation.
 
28. Article 288 – Other similar Coercion.
 
(a) Compulsory purchase of merchandise by laborer or
employee.
(b) Payment of wages due to laborer or employee by
means of tokens or object other than the legal tender
currency.
 
29. Article 289 – Formation, maintenance and
prohibition of coalition of capital or labor through
violence or threats.

30.Article 290 – Seizure of correspondents to


discover secrets but offender does not reveal such
secrets.
31. Article 291 – Revealing secrets of principal or
master by manager, employee or servants.
 
32. Article 308 in relation to Article 309,
 
Para. (5) – Theft. If the value does not exceed P
50.00
Para. (6) – If the value doe not exceed P 5.00
Para. (7) – If the value does not exceed P5.00 and
the offender noted the impulse of hunger and
poverty.
 
33. Article 312 – Occupation of real property in
usurpation of real rights by means of violence
against or intimidation of persons.
34. Article 313 – Altering Boundary Marks or Monuments
of Estates.

35. Article 315 – Swindling or Estafa.


 
36. Article 316 – Other forms of Swindling.
 
(a) Pretending to be the owner of any real property, shall
convey, sell or mortgage the same.
(b) Disposing a known property although such encumbrance
not recorded.
(c) Owner of any property who shall wrongly take it from its
lawful possessor to the prejudice of the latter or any third
person.
(d) Executing a fictitious contract.
(e) Accepting any compensation in belief that it was in
payment of service rendered when in fact he did not actually
perform such service.
37. Article 317 – Swindling of Minor
 
38. Article 318 – Other forms of Deceits.
 
(a) For profit or gain, interpret dreams,
make forecast, tell fortunes, or take
advantage of the credibility of the public.
 
39. Article 319 – Removal, sale or
pledge of mortgaged property.
40. Article 328 – Special cases of malicious
mischief.
 
Spreading any infection or contagion among cattle
and the value of the damage does not exceed P
1,000.
 
41. Article 329 – Malicious Mischief (Prank
Actions)
 
42. Article 338 – Seduction of a woman who is
single or a widow of good reputation, over 12 but
under 18 years of age, committed by means of a
deceit.
43. Article 339 – Acts of Lasciviousness with
consent of the offended party (One that does
not constitute a rape).
 
44. Article 356 – Threatening to publish a libel
concerning him or the parents, spouse, child or
other members of his family or offering to
prevent publication of such libel for a
compensation or monetary consideration.
 
45. Article 357 – Prohibited publication of
acts referred to in the course of official
proceedings.
46. Article 358 – Simple Oral
Defamation
 
47. Article 359 – Simple Slander By
Deed

48. Article 363 – Directly


incriminating or imputing/implicating
an innocent person the commission of a
crime.
49. Article 364 – Intriguing against one’s honor.
Making any intrigue, which has for its principal
purpose, is to blemish the honor or reputation of a
person.
 
50. Article 365 – Imprudence and Negligence.
 
(a) Reckless imprudence in an act which would
constitute a less grave felony or light felony.
(b) Simple imprudence resulting in an act, which
would constitute a grave, or less grave felony.
(c) Imprudence resulting in damage to property,
the value of which does not exceed One Thousand
Pesos (P 1,000).
51. Article 344 – Private crimes such as concubinage,
adultery, seduction, abduction, rape, and acts of
lasciviousness, where the offender may be pardoned by the
offended spouse or offended party or her parents,
grandparents, or guardian.
 
52. Article 408 – Local Government Code of 1991. Cases
in violation against local ordinance/s.
 
53. Section 1, Batas Pambansa Blg. 22 – Issuing checks
without sufficient funds.
 
54. Presidential Decree No. 772 – Squatting and other
similar acts.
 
55. Presidential Decree No. 1612 – Fencing of stolen
properties if the property involved is not more than P
50.00.
SANCTIONS:
FAILURE TO APPEAR
TYPES OF SANCTIONS
The refusal or willful failure of a party
or any witness to appear without
justifiable grounds before the Punong
Barangay or the Pangkat ng
Tagapagkasundo as directed in the
summons or subpoena issued by the
Punong Barangay or Pangkat, in
accordance with the Katarungang
Pambarangay Law and Rules, is subject
to the following sanctions or punishment.
1) Punishment as for indirect
contempt of court, which shall be
imposed by the local city or
municipal court upon application
filed either by: (a) Punong
Barangay; (b) Pangkat Chairman;
(c) any of the contending parties.
(Sec. 515, RA 7160)
2) Dismissal of complaint and
counterclaim filed by the
complainant and the respondent,
respectively, who refused or
willfully failed to appear at the
barangay proceedings. (Sec. 8,
Rule IV, DOJ Katarungang
Pambarangay Rules)
3) Issuance of a certification to
bar the complainant who fails or
refuses to appear from seeking
judicial recourse for the same
cause of action. (KP Form No.
21)
REQUIREMENTS FOR IMPOSITION
AS OF SANCTION AS FOR INDIRECT
CONTEMPT OF COURT:

1) A party or witness refuses or willfully


fails to appear before the Punong Barangay
or the Pangkat ng Tagapagkasundo for
mediation or conciliation or arbitration;
2) The appearance of the party or witness
is required by summons, subpoena, or
notice of hearing issued by the Punong
Barangay or the Pangkat;

3) There is no justifiable reason for the


non-appearance of a party or witness, as
determined by the Punong Barangay or
Pangkat after giving opportunity to the
party or witness concerned to explain his
non-appearance;
4) An application is filed before the local
city or municipal court by the Lupon
Chairman or Pangkat Chairman or by any of
the contending parties;

5) The said local city or municipal court


determines after hearing that the party or
witness complained of is guilty of indirect
contempt as provided in Sec. 515, RA 7160.
(DOJ Opinions No. 110-A, S. 1981; and No.
87, s. 1986; Rule 71, Rules of Court)
PROPERTY EXEMPT FROM
EXECUTION

The Katarungang Pambarangay Rules


provides as follows:

“Except as otherwise expresssly


provided by law, the following
property, and no other, shall be exempt
from execution:
(a) The deptor’s family home constituted
in accordance with the family code;

(b) Tools and implements necessarily


used by him in his trade or employment;

(c) Two (2) horses, or two (2) cows, or


two (2) carabaos, or other beast of
burden, such as the debtor may select, and
ndcessarily used by him in his ordinary
occupation;
(d) His necessary clothing, and that of all
his family;

(e) Household furniture and the utensils


necessary for housekeeping, and used for
that purpose by the debtor;

(f) Provisions for individual or family use


sufficient for four (4) months;
(g) The professional libraries of attorneys, judges,
physicians, pharmacists, dentists, engineers,
surveyors, clergymen, teachers, and other
professionals;

(h) One (1) fishing boat, net, and other fishing


paraphernalia of the party obliged who is a
fisherman, by the lawful use of which he earns a
livelihood;

(i) So much of the earnings of the party obliged


for his personal services within the month
preceding the levy as are necessary for the
support of his family;
(j) Lettered gravestones;

(k) All moneys, benefits, privileges or annuities


accruing or in any manner growing out of any life
insurance, provided the proceeds therefrom shall
not exceed one hundred thousand pesos (P
100,000.00)

(l) The right to receive legal support, or money or


property obtained as such support, or any pension
or gratuity from the government;

(m) Copyrights and other properties especially


exempted by law.
But no article or species of property
mentioned in this section shall be exempt
from execution issued upon a settlement or
award for its price or for a mortgage
thereon. (Sec. 7, Rule VII, DOJ
Katarungang Pambarangay Rules)”

Rule 39 of new Rules of Civil Procedure,


promulgated on April 08, 1997, revised the
list of properties exempt from execution as
follows:
Sec. 13. Property exempt from
execution. – Except as otherwise
expressly provided by law, the
following property and no other, shall
exempt from execution:

(a) The Judgement Obligor’s Family


home as provided by law, or the
homestead in which he resides, and
land necessarily used in connection
their with;
(b) Ordinary tools and implements
personally used by him and his trade,
employment, or livelihood;

(c) Three horses or three cows or three


carabao, or any beasts of burden, such as the
judgement obligor may select necessarily
used by him and his ordinary occupation;

(d) His necessarily clothing and articles for


ordinary personal use excluding jewelry;
(e) Household furniture and utensils necessary for
housekeeping, and used for that purpose by the
judgment obligor and his family, such as the
judgment obligor may select, of a value not
exceding one hundred thousand pesos (P
100,000.00);

(f) Provision for individual or family use,


sufficient for four (4) months;

(g)The Professional libraries and equipment of


judges, lawyers, physicians, pharmacists, dentists,
engineers, subveyors, clergymen, teachers and
other professionals, not exceeding three hundred
thousand pesos (P 300,000.00) in value;
(h) One fishing boat and accessories not
exceeding the total value of one hundred
thousand pesos (P 100,000.00) owned by the
fishermen and by the lawful use of which earns
his livelihood;

(i) so much of the salaries, wages, or earnings


of the judgment obligor for his personal
services within the four months preceding the
levy as are necessary for the support of his
family;

(j) Lettered Gravestones;


(k) Monies, benefits, privileges, or
annuities accruing or in any manner
growing out of any life insurance;

(l) The rights to receive legal support, or


money, or property of obtained as such
support, or any pension or gratuity from
the Government;

(m) Properties especially exempted by


law.
But no article or species of
property, mentioned in this
section shall be exempt from the
execution issued upon a
judgment recovered for its price
or upon a judgment of
foreclosure of a mortgage
thereon (12a).
KATARUNGANG
PAMBARANGAY FORMS
KP FORM NO. 1

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE PUNONG BARANGAY

____________________, 20____

NOTICE TO CONSTITUTE THE LUPON

To All Barangay Members and All Persons Concerned:

In compliance with Section 1 (a). Chapter 7, Title One, Book III, Local Government Code of 1991 (Republic Act No.
7160), of the Katarungang Pambarangay Law, notice is hereby given to constitute the Lupon Tagapamayapa of this
Barangay. The persons I am considering for appointment are the following:

1) ______________________ 10) _____________________ 19) ______________________


2) ______________________ 11) _____________________ 20) ______________________
3) ______________________ 12) _____________________ 21) ______________________
4) ______________________ 13) _____________________ 22) ______________________
5) ______________________ 14) _____________________ 23) ______________________
6) ______________________ 15) _____________________ 24) ______________________
7) ______________________ 16) _____________________ 25) ______________________
8) ______________________ 17) _____________________
9) ______________________ 18) _____________________

They have been chosen on the basis of their suitability for the task of conciliation considering their integrity,
impartiality, independence of mind, sense of fairness and reputation for probity in view of their age, social standing in the
community, tact, patience, resourcefulness, flexibility, open mindness and other relevant factors. The law provides that only
those actually residing or working in the barangay who are not expressly disqualified by law are qualified to be appointed as
Lupon members.

All persons are hereby enjoined to immediately inform me of their opposition to or endorsement of any or all of the
proposed members or recommend to me other persons not included in the list but not later than the ________ day of
__________ 20______ (the last day for posting this notice).

_________________________
Punong Barangay

IMPORTANT : This notice is required to be posted in three (3) conspicuous places in the barangay for at least three (3)
weeks.

WARNING : Tearing or defacing this notice shall be subject to punishment according to law.
KP FORM NO. 2

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE PUNONG BARANGAY

____________________, 20____
(Date)

APPOINTMENT

TO: _______________________

Pursuant to Chapter 7, Title One Book III, Local Government Code of 1991
(Republic Act No. 7160), you are hereby appointed MEMBER of the Lupon
Tagapamayapa of this Barangay effective upon taking your oath and until a new
Lupon is constituted on the third year following your appointment.

___________________________
Punong Barangay

ATTESTED:

________________________
Barangay Secretary
KP FORM NO. 3

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE PUNONG BARANGAY

____________________, 20____
(Date)

NOTICE OF APPOINTMENT

____________________________
____________________________
____________________________

Sir/Madam:

Please be informed that your have been appointed by the Punong Barangay
as a MEMBER OF THE LUPON TAGAPAMAYAPA effective upon taking your oath
of office, and until a new Lupon is constituted on the third year following your
appointment. You may take your oath of office before the Punong Barangay on
_________________________________.

Very truly yours,

________________________
Barangay Secretary
KP FORM NO. 4

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE PUNONG BARANGAY

____________________, 20____
(Date)

LIST OF APPOINTED LUPON MEMBERS

Listed hereunder are the duly appointed members of the Lupon


Tagapamayapa in this Barangay who shall serve as such upon taking their oath
of office and until a new Lupon is constituted on the third year following their
appointment.

1) ________________________ 11) __________________________


2) ________________________ 12) __________________________
3) ________________________ 13) __________________________
4) ________________________ 14) __________________________
5) ________________________ 15) __________________________
6) ________________________ 16) __________________________
7) ________________________ 17) __________________________
8) ________________________ 18) __________________________
9) ________________________ 19) __________________________
10) ________________________ 20) __________________________

_____________________________
Punong Barangay

ATTESTED:

_____________________________
Barangay/Lupon Secretary

IMPORTANT: This notice is required to be posted in three (3) conspicuous


places in the barangay for at least three (3) weeks.
KP FORM NO. 5

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE PUNONG BARANGAY

OATH OF OFFICE

Pursuant to Chapter 7, Title One, Book III, Local Government Code of 1991
(Republic Act No. 7160), I ____________________, being duly qualified and having
been duly appointed MEMBER of the Lupon Tagapamayapa of this Barangay, do
hereby solemnly swear (or affirm) that I will faithfully and conscientiously
discharge to the best of my ability my duties and functions as such member and
as member of the Pangkat ng Tagapagkasundo, in which I may be chosen to
serve; that I will bear true faith and allegiance to the Republic of the Philippines;
that I will support and defend its Constitution and obey the laws, legal orders
and decrees promulgated by its duly constituted authorities; and that I
voluntarily impose upon myself this obligation without any mental reservation or
purpose of evasion.

SO HELP ME GOD. (In case of affirmation, the last sentence will be


omitted.)
____________________________
Member

SUBSCRIBED AND SWORN to (or AFFIRMED) before me this ________ day


of ______________ 20_____.

______________________________
Punong Barangay
KP FORM NO. 6

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE LUPON TAGAPAMAYAPA

____________________, 20____
(Date)

WITHDRAWAL OF APPOINTMENT

TO: ________________________

After due hearing and with the concurrence of a majority of all the Lupon
Tagapamayapa members of this barangay, your appointment as member thereof
is hereby withdrawn effective upon receipt hereof, on the following ground/s:

 - incapacity to discharge the duties of your office as shown by


________________________________________________________________________
________________________________________________________________________
 - unsuitability by reason of _______________________________________
________________________________________________________________________
________________________________________________________________________
(Check which ever is applicable and detail or specify the act/s or omission/s
constituting the ground/s for withdrawal.)

___________________________________
Punong Barangay/Lupon Chairman
CONFORME (Signatures)

1) ________________________ 11) __________________________


2) ________________________ 12) __________________________
3) ________________________ 13) __________________________
4) ________________________ 14) __________________________
5) ________________________ 15) __________________________
6) ________________________ 16) __________________________
7) ________________________ 17) __________________________
8) ________________________ 18) __________________________
9) ________________________ 19) __________________________
10) ________________________ 20) __________________________

Received this ______ day of _______________ 20____.

_____________________________
(Signature)

NOTE:

The members of the Lupon conforming to the withdrawal must personally


affix their signatures or thumb marks on the pertinent spaces above. The
withdrawal must be conformed to by more than one-half of the total number of
members of the Lupon including the Punong Barangay and the member
concerned.
KP FORM NO. 7

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE LUPON TAGAPAMAYAPA

_______________________ Barangay Case No. _____________


_______________________ For: ____________________________
Complainant/s ____________________________
____________________________
-Against-
_______________________
_______________________
Respondent/s

COMPLAINT

I/WE hereby complain against above named respondent/s for violating my/our
rights and interest in the following manner:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
____________________________________________
THEREFORE, I/WE pray that the following relief/s be granted to me/us in
accordance with law and /or equity:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
____________________________________________

Made this ______ day of ______________ 20_____.

_____________________________
Complainant/s
Received and filed this ______ day of __________________ 20_______

___________________________________
Punong Barangay/Lupon Chairman
KP FORM NO. 8

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE LUPON TAGAPAMAYAPA

NOTICE OF HEARING
(MEDIATION PROCEEDINGS)

TO: ________________________

________________________
Complainant/s

You are hereby required to appear before me on the _____ day of


_______________ 20_____ at __________________ o’clock in the morning/afternoon
for the hearing of your complaint.

This ______ day of _______________ 20________.

___________________________
Punong Barangay

Notified this ________ day of ________________ 20_____.

Complainant/s

________________________________________

________________________________________

________________________________________
KP FORM NO. 9

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE LUPON TAGAPAMAYAPA

_______________________ Barangay Case No. _____________


_______________________ For: ____________________________
Complainant/s ____________________________
____________________________

-Against-
______________________
______________________
Respondent/s

S U M M O N S

TO: ______________________ _____________________________

______________________ _____________________________

Respondents

You are hereby summoned to appear before me in person together with


your witness, on the _________ day of ___________________, 20______ at ___________
o’clock in the morning/afternoon, then and there to answer to a complaint made
before me, copy of which is attached hereto, for mediation/conciliation of your
dispute with complainant/s.

You are hereby warned that if you refuse or willfully fail to appear in
obedience to this summons, you may be barred from filing any counterclaim
arising from said complaint.

FAIL NOT or else, face punishment as for contempt of court.

This _________ day of _________________ 20______.

_____________________________________
Punong Barangay/Pangkat Chairman
KP FORM NO. 9, Page 2

OFFICER’S RETURN

I served this summon upon respondent ________________ on the


_____________ day of ____________________ 20_______ and upon respondent
________________________________ on the _________ day of ____________________
20________, by: (Write name/s of respondent/s before mode by which he/they
was/were served.)

Respondent/s

______________________________________________ 1) handling to him/them said


summons in person, or

_______________________________________________ 2) handling to him/said


summons and he/they refused to receive it, or

_______________________________________________ 3) leaving said summons at


his/their dwelling with

________________________________ A person of suitable age and discretion


(Name)
therein, or

_______________________________________________ 4) leaving said summons at


his/their office/place of business with ______________________________, A competent
person in charge thereof. (Name)

________________________
Officer

Received by Respondent/s/representative/s:

_______________________________ _______________________________
(Signature) (Date)

_______________________________ _______________________________
(Signature) (Date)
KP FORM NO. 10

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE PUNONG BARANGAY

NOTICE FOR CONSTITUTION OF PANGKAT

TO: _____________________________ ___________________________________

_____________________________ ___________________________________
Complainant/s Respondent/s

You are hereby required to appear before me on the _______ day of


_________________ 20______ at ________o’clock in the morning/afternoon for the
constitution of the Pangkat ng Tagapagkasundo which shall conciliate your
dispute. Should you fail to agree on the Pangkat membership or to appear on the
aforesaid date for the constitution of the Pangkat, I shall determine the
membership thereof by drawing lots.

This ________ day of __________________ 20_____.

_________________________________ ___________________________________

_________________________________ ___________________________________
Complainant/s Respondent/s
KP FORM NO. 11

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE LUPON TAGAPAMAYAPA

_______________________ Barangay Case No. _____________


_______________________ For: ____________________________
Complainant/s ____________________________
____________________________

-Against-
______________________
______________________
Respondent/s

NOTICE TO CHOSEN PANGKAT MEMBER

__________________, 20______
Date

TO: ___________________________

Notice is hereby given that you have been chosen member of the Pangkat
ng Tagapagkasundo to amicably conciliate the dispute between the parties
in the above-entitled case.

___________________________________
Punong Barangay/Lupon Secretary

Received this _______ day of ________________ 20_____

___________________________________
Pangkat Member
KP FORM NO. 12

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE LUPON TAGAPAMAYAPA

TO: _____________________________ ______________________________

_____________________________ ______________________________
Complainant/s Respondent/s

NOTICE OF HEARING
(CONCILIATION PROCEEDINGS)

You are hereby required to appear before the Pangkat on the ___________
day of _________________ 20______ at ___________ o’clock for hearing of the above-
entitled case.

This ________ day of ____________________ 20_______.

___________________________
Pangkat Chairman

Notified this ________ day of ______________ 20______.

Complainant/s Respondent/s

_______________________________ _______________________________

_______________________________ _______________________________
KP FORM NO. 13

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE LUPON TAGAPAMAYAPA

_______________________ Barangay Case No. _____________


_______________________ For: ____________________________
Complainant/s ____________________________
____________________________

-Against-
______________________
______________________
Respondent/s

S U B P O E N A

TO: _______________________________ ________________________________


_______________________________ ________________________________

WITNESSES

You are hereby commanded to appear before me on the __________ day of


__________________ 20______ at _________ o’clock, then and there to testify in the
hearing of the above-captioned case.

This __________ day of ___________________ 20______.

_____________________________________
Punong Barangay/Pangkat Chairman
(Cross out whichever is not applicable
KP FORM NO. 14

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE LUPON TAGAPAMAYAPA

_______________________ Barangay Case No. _____________


_______________________ For: ____________________________
Complainant/s ____________________________
____________________________

-Against-
______________________
______________________
Respondent/s

AGREEMENT FOR ARBITRATION

We hereby agree to submit our dispute for arbitration to the Punong


Barangay/Pangkat ng Tagapagkasundo (Please cross out whichever is not
applicable) and bind ourselves to comply with the award that may be rendered
thereon. We have made this agreement freely with a full understanding of its
nature and consequences.

Entered into this ________ day of __________________, 20________.

Complainant/s Respondent/s

_______________________________ _________________________________
_______________________________ _________________________________

ATTESTATION:

I hereby certify that the foregoing Agreement for Arbitration was entered
into by the parties freely and voluntarily, after I had explained to them the nature
and consequences of such agreement.

______________________________________
Punong Barangay/Pangkat Chairman
(Cross out whichever is not applicable)
KP FORM NO. 15

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE LUPON TAGAPAMAYAPA

_______________________ Barangay Case No. ______________


_______________________ For: _____________________________
Complainant/s _____________________________
_____________________________
-Against-
_______________________
_______________________
Respondent/s

ARBITRATION AWARD
After hearing the testimonies given and careful examination of the evidence
presented in this case, award is hereby made as follows.
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
Made this ________ day of _________________ 20______ at
___________________________.

______________________________________
Punong Barangay/Pangkat Chairman*

______________________________________
Member

______________________________________
Member

ATTESTED:

___________________________________
Punong Barangay/Lupon Secretary**

* To be signed by either of the two, whoever made the arbitration award


** To be signed by the Punong Barangay if the award is made by the Pangkat Chairman,
and by the Lupon Secretary if the award is made by the Punong Barangay.
KP FORM NO. 16

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE LUPON TAGAPAMAYAPA

_______________________ Barangay Case No. _____________


_______________________ For: ____________________________
Complainant/s ____________________________
____________________________
-Against-
_______________________
_______________________
Respondent/s

AMICABLE SETTLEMENT
We, complainant/s and respondent/s in the above-captioned case, do
hereby agree to settle our dispute as follows:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________

and bind ourselves to comply honestly and faithfully with the above terms of
settlement.

Entered into this ________ day of __________________ 20_______.

Complainant/s Respondent/s

_______________________________ _________________________________
_______________________________ _________________________________

ATTESTATION
I hereby certify that the foregoing amicable settlement was entered into by
the parties freely and voluntarily, after I had explained to them the nature and
consequences of such settlement.

_____________________________________
Punong Barangay/Pangkat Chairman
KP FORM NO. 17

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE LUPON TAGAPAMAYAPA

_______________________ Barangay Case No. _____________


-Complaint/s- For: ____________________________
____________________________
-Against-
_______________________
Respondent/s

R E P U D I A T I O N
I/WE hereby repudiate the settlement/agreement for arbitration on the
ground that my/our consent was vitiated by:

(Check out whichever is applicable)


 - Fraud. (State details) __________________________________
 - Violence. (State details) ____________________________________
 - Intimidation. (State details) ___________________________________

This ________ day of ____________________ 20_______.

Complainant/s Respondent/s
_______________________________ _________________________________

SUBCRIBED AND SWORN TO before me this ______________ day of


___________________ 20______ at ___________________________.

______________________________________________
Punong Barangay/Pangkat Chairman/Member

Received and filed* this _____________ day of ___________________


20_________.
__________________________
Punong Barangay
* Failure to repudiate the settlement or the arbitration agreement within the
time limit respectively set in ten (10) days from the date of settlement and five (5)
days from the date of arbitration agreement shall be deemed a waiver of the right
to challenge on the said grounds.
KP FORM NO. 18

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE LUPON TAGAPAMAYAPA

_______________________ Barangay Case No. _____________


Complainant/s For: ____________________________
-Against-
______________________
Respondent/s

NOTICE OF HEARING
(RE: FAILURE TO APPEAR)

TO: ____________________________
____________________________
Complainant/s

You are hereby required to appear before me/the Pangkat on the


___________ day of __________________ 20_________ at _______________o’clock in the
morning/afternoon to explain why you failed to appear for mediation/conciliation
scheduled on ______________________, 20________ and why your complaint should
not be dismissed, a certificate to bar the filing of your action in
court/government office should not be issued, and contempt proceedings should
not be initiated in court for willful failure or refusal to appear before the Punong
Barangay/Pangkat ng Tagapagkasundo.

This _______ day of __________________ 20_________

_____________________________________
Punong Barangay/Pangkat Chairman
(Cross out whichever is not applicable

Notified this _______ day of _______________________ 20_______.

Complainant/s
____________________________________
Respondent/s

____________________________________
KP FORM NO. 19

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE LUPON TAGAPAMAYAPA

Barangay Case No. _____________


_______________________ For: ____________________________
Complainant/s ____________________________

-Against-
______________________
Respondent/s

NOTICE OF HEARING
(RE: FAILURE TO APPEAR)
TO: ____________________________
Complainant/s

You are hereby required to appear before me/the Pangkat on the


_______________ day of __________________, 20_________ at _______________o’clock
in the morning/afternoon to explain why you failed to appear for
mediation/conciliation scheduled on ______________________, 20________ and why
your counterclaim (if any) should not be dismissed, a certificate to bar the filing
of your action in court/government office should not be issued, and contempt
proceedings should not be initiated in court for willful failure or refusal to appear
before the Punong Barangay/Pangkat ng Tagapagkasundo.

This _______ day of __________________ 20_________

_____________________________________
Punong Barangay/Pangkat Chairman
(Cross out whichever is not applicable)

Notified this _______ day of _______________________ 20_______.

Complainant/s Respondent/s

_________________________________ ________________________________
_________________________________ ________________________________
KP FORM NO. 20

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE LUPON TAGAPAMAYAPA

_______________________ Barangay Case No. _____________


_______________________ For: ____________________________
Complainant/s ____________________________

-Against-
______________________
Respondent/s

CERTIFICATE TO FILE ACTION

This is to certify that:


1) There has been a personal confrontation between the parties before the
Punong Barangay/Pangkat ng Tagapagkasundo;

2) A settlement was reached;

3) The settlement has been repudiated in a statement sworn to before the


Punong Barangay by _________________________________ on the ground of
__________________________________________________; and

4) Therefore, the corresponding complaint for the dispute may now be filed in
court/government office.

This _________ day of __________________ 20_______.

_________________________
Lupon Secretary

Attested:
___________________________
Lupon Chairman
KP FORM NO. 20-A

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE LUPON TAGAPAMAYAPA

_______________________ Barangay Case No. _____________


_______________________ For: ____________________________
Complainant/s ____________________________

-Against-
______________________
______________________
Respondent/s

CERTIFICATE TO FILE ACTION

This is to certify that:

1) There has been a personal confrontation between the parties before the
Punong Barangay but mediation failed;

2) The Pangkat ng Tagapagkasundo was constituted but the personal


confrontation before the Pangkat likewise did not result into a settlement;
and

3) Therefore, the corresponding complaint for the dispute may now be filed
into court/government office.

This _________ day of __________________ 20_______.

_________________________
Pangkat Secretary

Attested:

___________________________
Pangkat Chairman
KP FORM NO. 20-B

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE LUPON TAGAPAMAYAPA

_______________________ Barangay Case No. _____________


_______________________ For: ____________________________
Complainant/s ____________________________

-Against-
______________________
Respondent/s

CERTIFICATE TO FILE ACTION


This is to certify that:

1) There has been a personal confrontation between the parties before the
Punong Barangay but mediation failed;

2) The Punong Barangay set the meeting of the parties for the constitution of
the Pangkat;

3) The respondent willfully failed or refused to appear without justifiable


reason at the conciliation proceedings before the Pangkat; and

4) Therefore, the corresponding complaint for the dispute may now be filed in
court/government office.

This _________ day of ____________________ 20______.

_________________________
Pangkat Secretary

Attested by:

___________________________
Pangkat Chairman
KP FORM NO. 21

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE LUPON TAGAPAMAYAPA

_______________________ Barangay Case No. _____________


_______________________ For: ____________________________
Complainant/s ____________________________
____________________________

-Against-
______________________
______________________
Respondent/s

CERTIFICATE TO BAR ACTION

This is to certify that the above-captioned case was dismissed pursuant to


the Order dated _______________________, for complainant/s’
________________________ (name) willful failure or refusal to appear for hearing
before the Punong barangay/Pangkat ng Tagapagkasundo and therefore
complainant/s is/are barred from filing an action in court/government office.

This ________ day of ____________________ 20______.

____________________________________
Lupon Secretary/Pangkat Secretary

Attested:

_____________________________________
Lupon Chairman/Pangkat Chairman

IMPORTANT: If Lupon Secretary makes the certification, the Lupon Chairman


attests. If the Pangkat Secretary makes the certification, the
Pangkat Chairman attests.
KP FORM NO. 22

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE LUPON TAGAPAMAYAPA

_______________________ Barangay Case No. _____________


_______________________ For: ____________________________
Complainant/s ____________________________
____________________________

-Against-
______________________
______________________
Respondent/s

CERTIFICATE TO BAR COUNTERCLAIM

This is to certify that after notice and hearing, the respondent/s


___________________________ (name) and _________________________ (name) have
been found to have willfully failed or refused to appear without justifiable reason
before the Punong Barangay/Pangkat ng Tagapagkasundo and therefore
respondent/s is/are barred from filing his/her/their counterclaim (if any) arising
from the complaint in court/government office.

This ______ day of _______________________ 20_____.

___________________________________
Lupon Secretary/Pangkat Secretary
Attested:

____________________________________
Lupon Chairman/Pangkat Chairman

IMPORTANT: If Lupon Secretary makes the certification, the Lupon Chairman


attests. If the Pangkat Secretary makes the certification, the Pangkat Chairman
attests.
KP FORM NO. 23

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE LUPON TAGAPAMAYAPA

_______________________ Barangay Case No. _____________


_______________________ For: ____________________________
Complainant/s ____________________________
____________________________

-Against-
______________________
______________________
Respondent/s

MOTION FOR EXECUTION

Complainant/s/Respondent/s state as follows:

1) On _____________________________ the parties in this case signed an


(date)
amicable settlement/received the arbitration award rendered by the
Lupon/Chairman/Pangkat ng Tagapagkasundo;

2) The period of ten (10) days from the above-stated date has expired without
any of the parties filing a sworn statement of repudiation of the settlement
before the Lupon Chairman a petition for nullification of the arbitration
award in court; and

3) The amicable settlement/arbitration award is now final and executory.

WHEREFORE, Complainant/s/Respondent/s requests that the


corresponding writ of execution be issued by the Lupon Chairman in this case.

_______________________________
(Date)

_______________________________
Complainant/s/Respondent/s
KP FORM NO. 24

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE LUPON TAGAPAMAYAPA

_______________________ Barangay Case No. _____________


_______________________ For: ____________________________
Complainant/s ____________________________
____________________________

-Against-
______________________
______________________
Respondent/s

NOTICE OF HEARING
(RE: MOTION FOR EXECUTION)

TO: _______________________________ __________________________________

_______________________________ __________________________________
Complainant/s Respondent/s

You are hereby required to appear before me on the _____________ day of


____________________ 20______ at _____________ o’clock in the morning/afternoon
for the hearing of the motion for execution, copy of which is attached hereto, filed
by ________________________________________.
(name of complainant/s/respondent/s)

_______________________
(Date)
___________________________________
Punong Barangay/Lupon Chairman

Notified this ________ day of _____________________ 20____________.

___________________________________ _________________________________
(Signature) (Signature)
Complainant/s Respondent/s
KP FORM NO. 25

Republic of the Philippines


Province of _____________________
CITY/MUNICIPALITY OF _________________
Barangay ________________________

OFFICE OF THE LUPON TAGAPAMAYAPA

_______________________ Barangay Case No. _____________


_______________________ For: ____________________________
Complainant/s ____________________________

-Against-
______________________
______________________
Respondent/s

NOTICE OF EXECUTION

WHEREAS, on ______________________________________, an amicable


(Date)
settlement was signed by the parties in the above-entitled case (or an arbitration
award was rendered by the Punong Barangay/Pangkat ng Tagapagkasundo);

WHEREAS, the terms and conditions of the settlement, the dispositive


portion of the award, read:
__________________________________________________________________
___________________________________________________________________.

The said settlement/award is now final and executory;

WHEREAS, the party obliged _____________________________________


(name)
has not complied voluntarily with the aforestated amicable
settlement/arbitration award, within the period of five (5) days from the date of
hearing on the motion for execution;
NOW, THEREFORE, in behalf of the Lupon Tagapamayapa and by virtue of the
powers vested upon me and the Lupon by the Katarungang Pambarangay Law
and Rules, I shall cause to be realized from the goods and personal property of
_______________________________________________
(name of party obliged)
the sum of ____________________________________________________________
(state amount of settlement or award)
in the said amicable settlement (or adjudged in the said arbitration award),
unless voluntary compliance of said settlement or award shall have been made
upon receipt hereof.

Signed this _______ day of ________________ 20_____.

_________________________
Punong Barangay

Copy furnished:

_________________________________ _________________________________

_________________________________ _________________________________
Complainant/s Respondent/s
Thank you!

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