KATARUNGANG PAMBARANGAY

A Quick View on its Foundations

Introduction
• The Katarungang Pambarangay or Barangay
Justice System is a community-based dispute
settlement mechanism that is administered by
the basic political unit of the country, the
barangay.
Introduction
• 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
had been covered by Presidential Decree 1508
in 1978 and Batas Pambansa Blg. 337 or the
1983 Local Government Code.
Introduction
• Objectives:
▫ To promote the speedy administration of justice
▫ To minimize the indiscriminate filing of cases in
courts
▫ To minimize the congestion of court dockets and
thereby enhance the quality of justice dispensed
by the courts
▫ To perpetuate and recognize the time-honored
tradition of amicably settling disputes at the
community level
Introduction
• Strategy:
▫ 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.
▫ The Punong Barangay and Lupon members do
not act as judges or adjudicators of disputes but as
facilitators for the disputing parties’ discussion of
possible solutions.
Introduction
• The Barangay Justice System provides a
friendly, inexpensive, and speedy forum for the
settlement of disputes where the parties can
freely explore options for amicably resolving
their disputes without resorting to the courts.
Scope of Presentation

Lupong Pangkat ng
Tagapamayapa Tagapagkasundo
Lupong Tagapamayapa
• Creation (SECTION 399 of RA 7160)

▫ There is hereby created in each Barangay a Lupong

Tagapamayapa, hereinafter referred to as the lupon,
composed of the Punong Barangay as chairman and ten
(10) to twenty (20) members. The lupon shall be constituted
every three (3) years in the manner provided herein.
Lupong Tagapamayapa
• Qualification of Lupon Members (SECTION 399)

▫ Any person actually residing or working in the Barangay

▫ Not otherwise expressly disqualified by law
▫ Possessing integrity, impartiality, independence of mind,
sense of fairness, and reputation for probity
Lupong Tagapamayapa
• Disqualification

▫ below 18 yrs. of age

▫ convicted of a crime
▫ elected government official
▫ member of armed forces who is in the active service
Lupong Tagapamayapa
• Procedure for Constitution (SECTION 399)

▫ Within the first fifteen (15) days from the start of the
term of office as punong barangay, he/she shall issue a
notice to constitute the lupon, which shall include the
names of proposed members who have expressed their
willingness to serve. Such notice shall be posted in
three (3) conspicuous places in the Barangay
continuously for a period of not less than three(3)
weeks
KP Form 1:
NOTICE TO CONSTITUTE THE
LUPON
Lupong Tagapamayapa
• Procedure for Constitution (SECTION 399)

▫ Within ten (10) days thereafter, the punong

barangay shall appoint as members those whom
he determines to be suitable therefor.
Appointments shall be in writing, signed by the
punong barangay, and attested to by the barangay
secretary.
Lupong Tagapamayapa
• Procedure for Constitution (SECTION 399)

▫ Appointment of Lupon is the sole prerogative of

the Punong Barangay; it does not require the
approval, confirmation of the Barangay Council
▫ Should the Punong Barangay fail to constitute the
Lupon, he/she can be charged for neglect of duty
and be administratively liable.
Lupong Tagapamayapa
• Procedure for Constitution (SECTION 399)

▫ The list of appointed members shall be posted in

three (3) conspicuous places in the Barangay for
the entire duration of their term of office.
Lupong Tagapamayapa
• Oath of Office (SECTION 400)

▫ The newly appointed Lupon members will

immediately take their Oath of Office before the
Punong Barangay.
KP Form 5: Oath
of Office of
Lupon Member
Lupong Tagapamayapa
• Term of Office (SECTION 400)

▫ 3 years
▫ Unless terminated by the following:
 Death,
 Resignation
 Transfer of residence or place of work,
 Withdrawal of appointment by the Punong Barangay
with concurrence of majority of all the members of
the lupon
KP Form 6:
Withdrawal of
Appointment
Lupong Tagapamayapa
• Vacancies (SECTION 401)

▫ Should a vacancy occur in the lupon for any cause,

the Punong Barangay shall immediately appoint a
qualified person who shall hold office only for the
unexpired portion of the term.
Lupong Tagapamayapa
• Functions (SECTION 402)

▫ Exercise administrative supervision over the

conciliation panels provided herein;
▫ Meet regularly once a month to provide a forum for
exchange of ideas among its members and the public
on 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;
Lupong Tagapamayapa
• Functions (SECTION 402)

▫ Exercise such other powers and perform such

other duties and functions as may be prescribed
by law or ordinance.
Lupong Tagapamayapa
• Secretary of the Lupon (SECTION 403)

▫ The Barangay secretary shall concurrently serve as

the secretary of the lupon. He/she shall record the
results of mediation proceedings before the
Punong Barangay and shall submit a report
thereon to the proper city or municipal courts.
He/she shall also receive and keep the records of
proceedings submitted to him by the various
conciliation panels.
Scope of Presentation

Lupong Pangkat ng
Tagapamayapa Tagapagkasundo
Pangkat ng Tagapagkasundo
• Constitution (SECTION 404)

▫ There shall be constituted for each dispute

brought before the lupon a conciliation panel to be
known as the pangkat ng tagapagkasundo,
hereinafter referred to as the pangkat, consisting
of three (3) members who shall be chosen by the
parties to the dispute from the list of members of
the lupon.
Pangkat ng Tagapagkasundo
• Constitution (SECTION 404)

▫ Should the parties fail to agree on the pangkat

membership, the same shall be determined by lots
drawn by the lupon chairman.
Pangkat ng Tagapagkasundo
• Constitution (SECTION 404)

▫ The three (3) members constituting the pangkat

shall elect from among themselves the chairman
and the secretary. The secretary shall prepare the
minutes of the pangkat proceedings and submit a
copy duly attested to by the chairman to the lupon
secretary and to the proper city or municipal
court.
Pangkat ng Tagapagkasundo
• Vacancies (SECTION 405)

▫ Any vacancy in the pangkat shall be chosen by the

parties to the dispute from among the other lupon
members. Should the parties fail to agree on a
common choice, the vacancy shall be filled by lot
to be drawn by the lupon chairman.
Pangkat ng Tagapagkasundo
• Character of Office (SECTION 406)

▫ The lupon members, while in the performance of

their official duties or on the occasion thereof,
shall be deemed as persons in authority, as
defined in the Revised Penal Code.
Pangkat ng Tagapagkasundo
• Service Incentives (SECTION 406)

▫ The lupon or pangkat members shall serve without

compensation, except as provided for in Section 393.
 If the Barangay has enough funds, HONORARIA may be given.

▫ While in the performance of their duties, the lupon or

pangkat members, whether in public or private
employment, shall be deemed to be on official time, and
shall not suffer from any diminution in compensation or
allowance from said employment by reason thereof.
Pangkat ng Tagapagkasundo
• Service Incentives (SECTION 406)

▫ CHED Order 62
▫ Guidelines Implementing the Study Grant Program for
Barangay Officials and their Legitimate Dependents
▫ Who are qualified?
 Not more than 21 years of age
 Highschool graduate with an average of 80%
 Passed the entrance exam in a State College or University
 Income of parents must not exceed Php72,000.00 annually.
THANK YOU VERY MUCH…