REVISED

KATARUNGANG
PAMBARANGAY LAW
Sections 399-422, Chapter 7 Title One, Book
III of RA No. 7160
Brief Historical Background of the
Katarungang Pambarangay

The concept of “Neighborhood paralegal

committee” was first advocated by Supreme Court
Chief Justice Fred Ruiz Castro in one of his
speeches in 1976. PD 1293 was issued creating a
commission tasked to study the feasibility of
instituting a system of resolving disputes among
family and barangay members at the barangay
without recourse to the courts.
Barangay Justice System is mandated by
Republic Act No. 7160 or the Local
Government Code of 1991. Book III, Title
One, Chapter 7, Sections 399-422
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 solution that is mutually
acceptable
• Assist the parties in discussing the possible
amicable settlement of their disputes.
• Do not act as judges or adjudicators of
disputes but as facilitators for the disputing
parties’ discussion of possible solutions
• Also, this is to provide a screening
process whereby onlytruly
irreconcilable disputes are filed
before the court for
adjudication. This would reduce
the number of cases reaching the
courts and thus increase the time
which judges may allocate to their
cases.
Constitution of the Lupon
• Appointment of Lupon is the sole prerogative
of the Punong Barangay
• Does not require the approval,
confirmation of the Sangguniang
Barangay

If Punong Barangay fails to constitute the

Lupon

• He can be charged for neglect of duty and

be administratively liable
When to constitute the Lupon
WITHIN FIFTEEN (15) DAYS FROM THE


START OF THE TERM AS PUNONG

BARANGAY, HE/SHE SHOULD ISSUE A
NOTICE TO CONSTITUTE THE LUPON
AND PREPARE THE LIST OF THE
NAMESOF PROPOSED MEMBERS

Minimum of 10, Maximum of 20

QUALIFICATIONS OF LUPON MEMBERS

 Actual resident/working in the barangay

 Legal age;
 Possess the following qualities:
• Impartiality
• Independence
• Fairness
• Reputation for probity
• Patience
• Resourcefulness
• Open-mindedness
• Flexibility
Disqualifications (Sec. 40 of the LGC)
 Those sentenced by final judgment for and
offense involving moral turpitude or for an
offense punishable by One year or more
or more, within two years later after
serving sentence.
 Those removed from office as a
result of administrative case.
Disqualifications (Sec. 40 of the LGC)
 Below 18 years of age
 Incompetent
 Convicted Of A Crime Carrying With It Penalties
Of Perpetual Or Temporary Disqualification
From Holding Public Office
 Elected Government Official
 Member of Armed Forces who is in the active
service
 Insane or feeble-minded
 permanent residents in a foreign country
Suitability of Lupon Members
Section 399, RA 7160

• GOVERNMENT EMPLOYEES
Sec.406 (b) explicitly recognizes the
validity of the appointment to the Lupon of one who
is “in public employment” provided that the provision
against “Double Compensation” is observed and
provided further that the two offices are not
incompatible.
(MJ Opinion No. 168, Series of 1981)
Suitability of Lupon Members

• POLICEMEN (Same as govt. employee)

(MJ Opinion No. 103, Series of 1981)

• LAWYER – The prohibition against a

lawyer is to act as a counsel to either of the
parties to the case.
(MJ Opinion No. 103, Series of 1981)
Suitability of Lupon Members
• ECCLESIASTIC – Generally, a religious
person is not disqualified from holding public
office or a government position as long as his
employment has no religious purpose or
meaning.

Although expressly disqualified by law from

holding a municipal office, ecclesiatics are not
disqualified from holding other public office/s.
(MJ Opinion No. 58, Series of 1974)
Suitability of Lupon Members
• JUDGES – Judges are likewise not
disqualified. However, if judges were to
serve in the Lupon or the Pangkat,
the aforestated objective of the law will
be defeated because a judge would be
spending his valuable time to settlement
of cases before the Lupon, which would
otherwise be devoted to court cases.
(MJ Opinion No. 287, Series of 1982)
 Appointment of Kagawad to
the Lupon

“No elective official shall be eligible for

appointment or designation in any capacity
to any public office or position during his
tenure”
(Sec 7, Art IX-B, Phil. Constitution)
 Steps to take after identifying the
10-20 members of the Lupon
Barangay Secretary Shall:


1. Determine the actual members of Lupon

2. Prepare a notice to constitute the
Lupon using the KATARUNGANG
PAMBARANGAY (KP) Form 1
3. Posting of notice to constitute a Lupon. Notice to
be posted in three 3 conspicuous/ strategic places
in the barangay
The notice shall contain an invitation to all
barangay members to endorse or oppose the
proposed appointment of any person/s included in
the list
The recommendation shall be made within the
period of posting for three (3) weeks.
Steps to take after identifying the 10-20
members of the Lupon
Member of the barangay can protest or recommend
somebody from the barangay

4. Ten (10) days after the last day of posting, the

Punong Barangay shall put into writing the
appointment of the Lupon members using KP
Form 2, duly signed by the captain and attested by
the Barangay Secretary.
 Steps to take after identifying the 10-20
members of the Lupon

5. The newly appointed Lupon members will

immediately take their oath before the Punong
Barangay using KP Form 5

6. After taking the oath of office, the list of Lupon

members shall be posted in a conspicuous/strategic
place in the barangay
Significance of Oath of Office

• Upon appointment to a public office, an

officer is required to take his oath of office
whereby he solemnly swears to support and
defend the constitution, bear true faith and
allegiance to the same; obey the laws, legal
orders and decrees promulgated by duly
constituted authorities; and faithfully
discharge to the best of his ability the duties
of the position he will hold. (City Mayor vs.
CA, G.R. No. 80270,February 27, 1990)
 Power to Appoint and
Remove
• Although it is the sole authority of the Punong
Barangay to appoint members of the Lupon
as he finds him fit, withdrawal of appointment
of any member of the Lupon cannot be done
by him without the concurrence of the
majority of members of the Lupon and only
for valid grounds (not only majority of the
Lupon, who attended the meeting).
(Sec 7, Rule IV, KPR)
RECAP: Steps to constitute the 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
Term of Office
Three (3) years
 Unless terminated
 By death
 Resignation, transfer of residence or
place of work
 Withdrawal of appointment by the
barangay captain
However, the withdrawal should be
concurred with a majority of all the
members of the Lupon
(see KP Form 6)
Basic Concerns
• The dispute will be settled in the barangay
where the respondent or any of the
respondents in the barangay resides
• CHOICE/OPTION of the complainant

What if any of the involved parties is

incompetent or a minor?

He/She should be represented by a legal

guardian or next of kin who is NOT A LAWYER.
Basic Concerns
• A juridical person like a
corporation or cooperative
cannot file a complaint
• Any case involving a
cooperative or people’s
organization can go directly to
court without going through
mediation or conciliation
 Subject Matter of Amicable
Settlement

• 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 ..
(Section 48)
 Exceptions:

 Where one party is the government, or any

subdivision or instrumentality thereof;

 When one party is a public officer or employee,

and the dispute relates to the performance of his
official functions;

 Offenses punishable by imprisonment exceeding

One (1) Year or a fine exceeding Php5,000.00;
 Exceptions:

 Where the dispute involves real properties located

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

 Where the dispute involves parties who actually

reside in barangays of different cities or
municipalities, except when barangay units adjoin
each other and the parties thereto agree to submit
their differences to amicable settlement by an
appropriate lupon;
 Exceptions:

 Such other classes of disputes which the

President determines in the interest of justice or
upon the recommendation of the Secretary of
Justice.
a. Criminal Cases where respondent is under
Police Custody;
b. Petition for Habeas Corpus;
c. Actions coupled with provisional remedies
such as injunction, attachment, delivery of
personal property and support during
pendency of the case;
d. Actions barred by Statute of Limitations.
 Exceptions:

 Where the dispute arises from CARL.

 Labor disputes or controversies arising from
employer-employee relations.
 Actions to annul judgment upon a compromise,
which may be filed directly with the court.
(Sanchez vs. Tupaz, 158 SCRA 459)
 Offenses where there is no private offended
party
 Exceptions:

The court in which non-criminal

cases not falling under the authority
of the Lupon , at any time before trial,
motu propio, refer the case to the
concerned Lupon for amicable
settlement
 Offenses under the Revised Penal Code
within the authority of the Lupon

a. Slight Physical Injuries/Maltreatment (Art. 266)

b. Less Serious Physical Injuries (Art. 265)
c. Trespass to dwelling (Art. 280)
d. Other forms of Trespass (Art. 281)
e. Grave Threats (Art. 282)
f. Light Threats (Art. 283)
g. Other Light threats (Art. 282 & 285)
h. Grave Coercion (Art. 286)
Offenses under the Revised Penal Code
within the authority of the Lupon

i. Light Coercion (Art. 287)

j. Other Similar Coercion (Art. 288)
k. Formation, Maintenanance and Prohibition on
Combination of Capital or Labor through
violence or threats (Art. 289)
l. Swindling (Estafa) if fraud does not exceed
Php200.00 (Art. 315)
m. Other forms of swindling (Art. 316)
n. Swindling a Minor (Art. 317)
Offenses under the Revised Penal Code
within the authority of the Lupon
o. Other Deceits (Art. 318)
p. Malicious Mischief if value of damage does not
exceed Php1000 (Art. 327)
q. Other Mischief (Art. 329)
r. Simple Seduction (Art. 338)
s. Acts of Lasciviousness with the consent of the
offended party (Art. 339)
t. Slander Art. 359)
u. Slander by Deed (Art. 359)
v. Imprudence and Negligence resulting to less
grave felony (Art. 365)
Offenses under the Revised Penal Code
within the authority of the Lupon
w. Theft if value does not exceed Php50.00(Art. 309)
x. Physical Injuries inflicted in Tumultuous affray
(less serious in nature) (Art. 252)
y. Unlawful Arrest (Art. 269)
z. Abandonment of person in danger and
abandonment of one’s own victim (Art. 275)
aa. Abandoning a Minor (Art. 276)
ab. Abandonment of a minor by person entrusted
with his custody; Indifference of parents Art.277)
ac. Discovering secrets through seizure of
correspondence (Art. 290)
 VENUE
• Actual Residents of the same Barangay –
Lupon of said barangay;
• Actual Residents of different barangays within
the same city or municipality – Where the
respondent or any of the respondents actually
resides, at the election of the complainant;
• Dispute involving Real Property or interest
thereon – Where Real Poperty or bigger
portion thereof is located
 VENUE
• Those arising at the workplace where
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.
RECAP on Exempted Cases :
 Offenses involving government entity;
 One party is a public Officer/Employee –
dispute relates to performance of official
functions
 Offenses with maximum penalty of 1 year
or a fine exceeding(Php5,000.00);
 Offenses with no private offended party;
 Real properties in different cities or
municipalities;
 disputes that need urgent legal action,
AGRARIAN and LABOR disputes and action
to annul a judgment upon a compromise.
Settlement of Serious Offenses
Settlement of Serious or Grave Offenses will not
bind the state nor the parties thereto. This
means that amicable settlement of Grave
Offense will not serve as a legal bar to the
prosecution of the offender. Admittedly, though,
the government’s ability to prosecute may be
adversely affected or hampered by the lack of
cooperation from the offended party who may
have compromised the case.

(M.J. Opinion No. 90, Series of 1991)

MEDIATION
Basic steps in handling cases
by the Punong Barangay
• Explain the process and objectives of
mediation & the rules to be observed
• Give each party to explain their side without
interruption from the other party
• Ask questions and involve both parties in
looking for a solution

REMEMBER:
Punong Barangay is not a judge but a mediator.
Let both parties find a solution to their dispute
Step 1: Filing of the Case

• Complainant with the help of the secretary will

fill up KP FORM 7
• Minimal filing fee
• PERSONAL CONFRONTATION is required

NO INDIVIDUAL CAN GO DIRECTLY TO COURT /

GOV’T OFFICE FOR ADJUDICATION OF HIS/HER
DISPUTE WITH ANOTHER INDIVIDUAL
ESPECIALLY OF THE MATTER IS WITHIN THE KP
JURISDICTION
Step 2:

Within 3 days from receipt of the complaint and

payment of the filing fee
• Issue a NOTICE OF HEARING TO THE
COMPLAINANT (KP Form 8)
• Issue SUMMONS/SUBPOENA TO THE
RESPONDENT (KP Form 9)
• BOTH shall appear at the BARANGAY
CAPTAIN’S OFFICE
Appearance of the Parties

• Appearance shall be in person.

• Parties shall not be represented by
counsel.
• Representative or Attorney-in-fact (even
armed with an SPA) may not appear
before the Lupon.
• Appearance thru a representative is
tantamount to non-appearance of a party.
• Only minors or incompetents may be
assisted by their next-of-kin, who is not a
lawyer.
Appearance of the Parties
• The Punong Barangay SHALL NOT RESOLVE
THE CASE.
• The Punong Barangay WILL HELP THEM
RESOLVE THE CASE

Punong Barangay
 Mediator
 Help them find the solution to their problem
within FIFTEEN (15) DAYS .
• IF THE RESPONDENT DOES NOT APPEAR:
 The case shall be referred to the PANGKAT
NG TAGAPAGSUNDO
If any of the parties fail to
appear
• Complainant fails to appear WITHOUT justifiable
cause
 DISMISS THE COMPLAINT
 Cannot file a case in court
 Can be punished for indirect contempt of
court
• Respondent fails to appear WITHOUT justifiable
cause
 His/her counterclaim will be dismissed and he
will be barred from filing in court and be
punished for indirect contempt of court
Conciliation among members of
indigenous cultural communities

• The customs and traditions of indigenous

cultural communities shall be applied in
settling disputes between members of the
cultural communities.
Power to administer oaths
• The Punong Barangay, as Chairman of
the Lupong Tagapamayapa, and the
members of the Pangkat are authorized to
administer oaths in connection with any
matter relating to all proceedings in the
implementation of the Katarungang
Pambarangay.
(Section 420)
If parties agree to a settlement/
compromise
• In writing
• In a language or dialect known to parties
• NOT TO BE DRAFTED BY A LAWYER
AND BROUGHT TO HOMES OF THE
PARTIES FOR THEIR SIGNATURES AND
NOT HAVE IT NOTARIZED BY A NOTARY
PUBLIC/LAWYER
• IT SHOULD BE DRAFTED AT THE
BARANGAY HALL AND NO WHERE
ELSE
How can the Respondent
Comply with the Settlement?
• He/she can voluntarily comply within
FIVE(5) DAYS from hearing of the
Motion for Execution filed by
complainant,Sec 5, Rule VII, IRR on KPR.

• After lapse of the 5-day voluntary

compliance without the respondent
settling his obligation, Punong
Barangay issues NOTICE OF
EXECUTION in the name of the
Lupong Tagapamayapa.
EXECUTION

The amicable settlement or arbitration

award, as the case may be, may be
enforced by execution by the Lupon
within six (6) months from the date of
settlement or date of receipt of award
(Arbitration). After the lapse of such time,
the settlement or award may be enforced
by the appropriate local Courts.
If MEDIATION before the
PUNONG BARANGAY FAILS
The parties cannot yet elevate their case to court
The parties still have to go through conciliation
proceedings
• Punong Barangay TO CONSTITUTE the
PANGKAT NG TAGAPAGSUNDO within
FIFTEEN (15) DAYS from the last day of
MEDIATION PROCEEDINGS.

Is CONCILIATION = MEDIATION?
The process is the same, except that MEDIATION
is done by the Barangay Captain, while
CONCILIATION is done by the PANGKAT headed
by a CHAIRPERSON.
CONCILIATION
CONCILIATION
Conciliation is merely INTERVENING
between TWO OR MORE Contending
parties in order to prevent or put an end
to a dispute with an agreement to abide
by the decision of the conciliator

Who are members of the PANGKAT?

• 3 MEMBERS shall come from the
LUPON and chosen by the
Complainant and Respondent
Procedure before the
Pangkat
• The Pangkat shall meet to hear both
parties
• Explore possibilities for Amicable
Settlement within FIFTEEN DAYS
– Can be extended for another
FIFTEEN DAYS
• Issue Subpoena of a witness
whenever necessary
If the PANGKAT CHAIRPESON
finds after hearing that the
failure to appear of the
COMPLAINANT is without
justifiable reason, he shall:
 An amicable settlement shall be put into writing
in a dialect / language known to them
 ATTESTED TO BY THE LUPON CHAIRMAN/
PANGKAT CHAIRMAN
 It has the force and effect of a final judgment in
court after TEN DAYS from the date the
Amicable settlement was made, UNLESS a
protest or repudiation of the settlement was
made.
 The Pangkat Secretary shall prepare a
transmittal of the settlement to the appropriate
court & fills up a transmittal form
How can the settlement be
actually executed?
 Within SIX MONTHS from date the
settlement was agreed upon
 The disputant must file a Motion for
Execution with the Punong Barangay
 The Punong Barangay conducts a
hearing on the date assigned by the
Movant.
 The date shall not be later than FIVE
DAYS from the filing of the motion
ARBITRATION
ARBITRATION
Another way of settling disputes
wherein the parties agree to be bound
by a decision of a third person or body
in place of a regularly organized
tribunal
Who can act as ARBITRATORS?

 Lupon Chairperson

 Punong Barangay

 Pangkat Chairperson
What happens in Arbitration?
 Lupon Chairperson/Pangkat assists the parties in
defining the issues & exploring solutions to develop a
mutually acceptable settlement
 The Lupon Chairperson/Pangkat is given the POWER
TO RENDER DECISIONS on the
 dispute with a prior agreement of the parties to be
bound by it.
 The parties shall present evidence as to the facts and
merits of the case to the arbitrator.
 On the basis of these facts, the arbitrator makes a
decision on what he believes to be fair or just
 The Arbitrator must be NEUTRAL & IMPARTIAL in
making the decision which must be suitable to the
disputing parties.
Filing…
• Filing of the complaint with the OFFICE OF THE
PUNONG BARANGAY and payment of the
Filing Fee.
• IF parties agree to submit themselves to
arbitration process at ANY STAGE of the
mediation/conciliation, the conduct of an
ARBITRATION HEARING can take place
immediately
• After filling up the agreement, the parties are
given FIVE DAYS to withdraw from such an
agreement by filling up a sworn statement
stating his/her reasons that such agreement
was obtain through fraud, violence, and
intimidation (if such is the case).
if any of the parties fail
to appear
• Apply the same procedure in MEDIATION or
CONCILIATION for the unreasonable neglect of
the COMPLAINANT / RESPONDENT
• COMPLAINANT’s absence is unjustified and
willful
• Complaint is outrightly dismissed
• Barred from filing the action in court
• RESPONDENT’s absence is unjustified and
willful
• Issue a CERTIFICATE TO FILE ACTION and
CERTIFICATE TO BAR COUNTERCLAIM
Conduct the Arbitration
• Conduct hearing in the manner of a court or
adjudicative trial
• Complainant and respondent will present their
respective case and submit all their necessary
evidence
• THE LUPON CHAIRPERSON / PANGKAT will
then issue a resolution based on the merits of
the case, testimony of the witnesses and the
evidence presented

• ARBITRATION AWARD
 Just like an amicable settlement put into writing etc.
attested to by the Lupon or the Pangkat Chairperson
Time to render decision
• FIFTEEN DAYS but not earlier than
SIX DAYS from the date of last hearing
to evaluate and issue the ARBITRATION
AWARD
• Within FIVE DAYS, the Secretary shall
furnish a copy of the Arbitration Award to
the Parties
• Keep a file at the LUPON OFFICE and
be sure to furnish a copy to the
City/Municipality Court
How shall the Arbitration
Award take effect?
• Parties are given TEN DAYS to
nullify the decision
• After TEN DAYS, the decision
becomes final and executory

HOW TO EXECUTE THE AWARD?

• In the same manner that
MEDIATION / CONCILIATION
Settlements are executed