Katarungang Pambarangay

 San Vicente, Bislig City,
SDS
 January 21 – 22, 2021
Outline of Presentation:
 History
 Concept
 Organization
 KP Forms
 Introduction
 Amendments
 Jurisdiction
 Process
 Execution
“Matino, Mahusay at Maaasahan”

HISTORY
 Chief Justice Fred Ruiz Castro advocated

“neighborhood paralegal committee” in
1976.
 Pres. Marcos promulgated and passed
P.D. 1508 as the Katarungang
Pambarangay Law on June 11, 1978.

 The same was adopted by Batas Pambansa
Blg. 337 or the 1983 Local Government
Code.
 At present, the establishment and operation
of the Barangay Justice System is mandated
by Sections 399-422 of Republic Act 7160 or
the Local Government Code of 1991.

CONCEPT:
Lupong Tagapamayapa is a body organized in every barangay

composed of the Punong Barangay as the chairperson and not
less than ten (10) but not more than twenty (20) members.
Pangkat ng Tagapagkasundo is a concilitation panel

constituted from among the Lupon membership for every
dispute brought before the Lupon consisting of three (3)
members after the Punong Barangay has failed in his/her
mediation efforts.

 Mediation (Pagpatunga) is a process wherein the Lupon
chairperson or the Punong Barangay assists the disputing parties to
reach a settlement by concensus that jointly satisfies their needs.
 Conciliation (Pagpahiuli) is a process wherein the Pangkat

foregoes the power to decide or recommend but assist the parties to
isolate the issues and options to reach a settlement by consensus
that jointly satisfy their needs.
 Arbitration (Arbitrasyon) is a process wherein the third party from

outside the judicial system is chosen by parties to hear and decide
their dispute.

ORGANIZATION:
 Appointment of LT is the sole prerogative of the

Punong Barangay.
 It does not require the concurrence of the

Sangguniang Barangay.
 What if the Punong Barangay fails to constitute the

Lupon?
– He can be charged for neglect and dereliction

of duty and be administratively liable.

SIX STEPS TO CONSTITUTE THE LUPON
1. Determine the actual number of Lupon Members.
2. Prepare a notice to constitute the Lupon.
3. Post the notice to constitute the Lupon.
4. Appoint Lupon Members.
5. Swear the appointed Lupon Members into Office.
6. Post the names of the duly appointed Lupon
Members for the entire duration of their term.

Qualifications:
1. Actual residents/working in the barangay
2. Of legal age with the following qualities:
- Integrity (Kaligdong)
- Impartiality (Pagkamaki-angayon)
- Independence of mind (May kaugalingong
panghuna-huna)
- Sense of fairnes, (May pagbati sa kaangayan)
- Reputation for probity (May dungog sa
pagkabuotan)

Disqualifications:
1. Sentenced by final judgment for an offense involving

moral turpitude or for an offense punishable by one
year or more, within two years later after serving
sentence
2. Removed from office as a result of administrative case
3. Convicted by final judgment for violating the oath of
allegiance to the Republic
4. Dual citizenship
5. Fugitives from justice in criminal or non-political cases
here or abroad

6. Permanent residents in a foreign country or those
who have acquired the right to reside abroad and
continue to avail of the same right after the effectivity
of the Local Government Code of 1991
7. Insane or feeble-minded.
8. Incompetent
9. Elected Government Official
10. Members of Armed Forces who is in the active
Service

Term of Office:
- 3 years
- unless terminated
* by death,
* resignation, transfer of residence or place
of work,
* withdrawal of appointment by the punong
barangay with the concurrence of the
majority of all the members of lupon.

Powers and duties:
Administrative Supervision – The Lupon

shall exercise administrative supervision over
the various Pangkat by seeing to it that they
have the necessary supplies and forms
required for discharging their duties and that
they perform their functions efficiently,
effectively and fairly.

• Regular Meeting – The Lupon shall meet regularly
once a month on a date set by the Lupon Chairman, to
provide a forum for the exchange of ideas on matters
relevant to the amicable settlement of disputes, and to
enable the various conciliation panel members to share
with one another their observations and experiences in
affecting speedy resolution of disputes, as well as to
discuss problems relating to the amicable settlement of
disputes.

Withdrawal of Appointment – After proper notice and
hearing, the Punong Barangay may, with the concurrence of a
majority of all the Lupon members, withdraw the
appointment of a member of a Lupon by reason of incapacity
to discharge the duties of his office or unsuitability
therefore.
Execution of Settlement or Award – The Lupon shall,

through the Punong Barangay, enforce by execution the
settlement or arbitration award.

Other Powers and Duties – The Lupon
shall exercise such other powers and
perform such other duties and functions
as may be prescribed by law or
ordinance.

Powers and duties of the LT Chair:
The Punong Barangay as Chairman of the

Lupon, shall have and perform the following
powers and duties:
1. CONSTITUTION OF THE LUPONG

TAGAPAMAYAPA

2. MEDIATION AND ARBITRATION FUNCTIONS
 Receive all written complaints and put in writing all verbal

complaints made by individuals personally before him against
other individuals. He shall not receive complaints made by or
against corporations, partnerships or other juridical entities.
Immediately upon such receipt he shall notify the complainant
of the date of initial hearing and shall, within the next working day,
issue summons to the respondent/s to appear before him not
later than five (5) days from date thereof for a mediation of their
conflicting interests;

Administer oaths in connection with any matter relating
to all proceedings in the implementation of the
Katarungang Pambarangay;
Resolve all objections to venue raised during the
mediation proceedings before him and certify that he
resolved the matter or that no such objection was made;
Mediate all disputes within his jurisdiction. Upon
successful conclusion of his mediation efforts, he shall
reduce to writing in a language or dialect known to the
parties the terms of the settlement agreed upon by them,
have them sign the same, and attest to its due execution;

 Arbitrate the dispute upon written agreement of
the parties to abide by the arbitration award of
the Lupon Chairman. He shall within ten (10)
days from the date of the agreement to arbitrate,
conduct hearings and evaluate the evidence
presented by the parties. He shall render the
award in writing in a language or dialect known
to the parties not earlier than the sixth day but
not later than the fifteenth (15) day following the
date of the agreement to arbitrate.

3. CONSTITUTION OF THE PANGKAT
 There having been no agreement to arbitrate and
mediation efforts having been unsuccessful, he shall
on the last day of the mediation proceedings
immediately proceed to constitute the Pangkat;
 Should the parties fail to agree on the composition
of the three members of the Pangkat, he shall
determine the Pangkat membership by drawing of
lots from the list of Lupon members;

 In case of vacancy in the Pangkat due to
justifiable causes, he shall fill such vacancy by
drawing a lot should the parties fail to agree
on a common choice; and
 Set the date and time for the initial hearing of
the dispute by the Pangkat, which shall not be
later than three (3) days from its
constitution.

4. OTHER POWERS AND DUTIES
 Set the date, time and place of, and preside over,
the regular monthly meetings of the Lupon;
Prepare the agenda for each meeting;
 See to it that the Lupon exercises administrative
supervision over the various Pangkats and
performs such powers, duties and functions as
may be prescribed by law or ordinance;

 Where the mediation or arbitration was
made by him, he shall attest the
certification signed or issue by the Lupon
Secretary; and
 Enforce by execution, on behalf of the

Lupon, the amicable settlement or
arbitration award.

Powers and duties of the LT Secretary:
The Barangay Secretary shall concurrently serve
as the secretary of the Lupon and shall have the
following duties and functions:
Keep and maintain a record book of all complaints

filed with the Punong Barangay, numbered
consecutively in the order in which they were
received and enter therein the names of the
parties, date and time filled, nature of the case,
and disposition;

 Note the results of the mediation proceedings before the Punong
Barangay and submit a final report thereon to the proper court;
 Record the willful failure or refusal of a witness to comply with a
subpoena issued by the Punong Barangay;
 Record the willful failure or refusal of a party to comply with the
summons issued by the Punong Barangay and issue a
certification to bar action/counterclaim, as the case may be;
 Receive and keep records of proceedings submitted to him by the
various Pangkats;

 Transmit the settlement agreed upon by the parties to the proper
local trial court not earlier than the eleventh (11th) nor later than
the fifteenth (15th) day from the date of the settlement;
 Transmit the arbitration award to the proper local trial court
within five (5) days from the date thereof;
 Issue certification required for filing an action or proceedings in
court or any government office for adjudication. Such certification
shall show that a confrontation of the parties has taken place and
that a conciliation for settlement has been reached, but the same
has been repudiated;

 Issue certification for barring the complainant from filing a
case or the respondent from filing a counterclaim in court in
case of willful failure of the complainant or respondent,
respectively, to appear;
 Furnish copies of the settlement or arbitration award to all

parties and to the Punong Barangay; and
 Issue certified true copies of any public record in his custody

that is not by law otherwise declared confidential.

Powers and duties of the Pangkat Chair:
 The Chairman of the Pangkat shall be chosen by the majority

vote of its three (3) members and shall have the following powers
and duties:
 Preside over all hearings conducted by the Pangkat and administer

oaths in connection with any matter relating to all proceedings in
the implementation of the Katarungang Pambarangay;
 Issue summons for the personal appearance of parties and

witnesses before the Pangkat;

 Attest to the authenticity and due execution of the
settlement reached by the parties before the Pangkat;
When the parties agree in writing to have the Pangkat
arbitrate their dispute, preside over the arbitration
hearings; and
 Attest the certification issued by the Pangkat Secretary
for filing an action or proceedings in court or any
government office for adjudication.

Powers and duties of the Pangkat Secretary:
The Pangkat Secretary shall be chosen by the majority
vote of its three (3) members from among themselves and
shall perform the following duties and functions:
Issue notices of hearing before the Pangkat and cause
them to be served upon the parties and their witnesses;
Keep minutes of the proceedings for conciliation and
arbitration by the Pangkat and have them attested by the
Pangkat Chairman;

 Note in the minutes the willful failure or refusal of a party
to comply with the summons issued by the Pangkat
Chairman;
 Immediately transmit to the Lupon Secretary all

settlements agreed upon by the parties and arbitration
awards rendered by the Pangkat;
 Submit copies of the aforesaid minutes to the Lupon

Secretary and to the proper local trial court;

 Issue the certification required for filing an action or
proceeding in court or any government office for
adjudication. Such certification shall show that a
confrontation of the parties took place but no conciliation
or settlement has been reached; or that no such personal
confrontation took place through no fault that can be
attributed to the complainant.
 Issue a certification for barring the complainant from filing a
case, or the respondent from filing a counterclaim in court in
case of willful failure of the complainant or respondent,
respectively, to appear.

KP Forms

KATARUNGANG PAMBARANGAY
- A community-based dispute settlement

mechanism that is administered by the basic
political unit of the country, the BARANGAY
- As a community-based mechanism for dispute

resolution, it covers disputes between members of
the same community and involves the Punong
Barangay and other members of the communities
as intermediaries.

Objectives:
 Promote the just, speedy & inexpensive administration

of justice
 Minimize the indiscriminate filing of cases in courts
 Minimize the congestion of court dockets and thereby
enhance the quality of justice dispensed by the courts
 Perpetuate and recognize the time-honored tradition
of amicably settling disputes at the community level

Benefits:
 Provides venue for the disputing parties to search for a

solution that is mutually acceptable.
 The role of the system is not to decide disputes and

impose a solution on the parties but to assist the
parties in discussing possible amicable settlement of
their disputes.
 The Punong Barangay or Lupon Members are not the

judge or adjudicators of the disputes but facilitators for
possible solutions.

Strategies:
 Provides an alternative mode for dispute resolution for

costly and lengthy process of settling disputes in
regular courts. The parties do not need to secure
the services of lawyers and the law prohibits the
participation of lawyers in the conciliation
proceedings. Cases in courts take years to be
resolved, but only few weeks in the KP.
 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.

 Provides an accessible mechanism for resolving the
justice issues of the poor. In some areas, courts are
inaccessible because of location and prohibitive cost of
litigation.
 Envisioned to complement the courts in administering

justice. For cases covered by the KP, it is compulsory for
the parties to go through the KP proceedings before going
to court. It is only when the KP failed to resolve the
dispute that the parties were allowed to bring their case to
court. (SC Administrative Circular No. 14-93)

 Maximizes the use of time-honored traditions and
practices of communities in settling disputes
between community members. Filipino traditions resort
to the help of elders or tribe leaders in resolving
disputes and the customs and traditions of the
indigenous cultural communities shall apply through
their council of datu or elders.

The original Katarungang Pambarangay Law
signed by President Ferdinand E. Marcos as
Presidential Decree No. 1508 on 11th June 1978,
has been repealed as Chapter 7, Section 399
through Section 422 of the Local Government
Code and signed into law by President Corazon C.
Aquino in 10 October 1991, effective on 01 January
1992.

Nomenclatures:
 The original Lupong Tagapayapa has been slightly

changed to Lupong Tagapamayapa
 The original term Barangay Captain has been changed
to Punong Barangay under the Local Government
Code;
 The term Conciliation Panels under Section 1 f) of P.D.
1508, has been changed to Pangkat ng
Tagapagkasundo under Section 404, LGC.

Term of Office:
The original 2-year term of office of the Lupon under Section

1 (a) of P.D. 1508 has been lengthened to three (3) years
under Section 399 (a), LGC.
Hold-over term – A new hold-over authority is now

expressly provided by Section 400, LGC, so that that the term
of office of Lupon members shall continue “until a new Lupon
is constituted on the third year following his appointment.”

Section 400 (LGC) – Upon appointment, each lupon
member shall take an oath of office before the Punong
Barangay. He shall hold office until a new lupon is
constituted on the third year following his appointments
unless sooner terminated by resignation, transfer of
residence of place of work, or withdrawal of
appointment by the Punong Barangay with the
concurrence of the majority of all the members of
the lupon.

Vacancies:
Section 401 (LGC) – the Punong Barangay shall

immediately appoint qualified person who shall hold
office only for the unexpired portion of the term.

Qualifications:
 Any person actually residing or working in the barangay
 Not otherwise disqualified by law
 Of legal age
 Possessing integrity, impartiality, independence of mind,
sense of fairness, reputation for probity
Educational attainment has been deleted from among the

desirable factors for consideration in the appointment of
lupon members under LGC
Disqualifications:
 Below 18 years old
 Incompetent
 Convicted of a crime carrying penalties of
perpetual or temporary disqualification from
holding public office
 Elected government official
 Active member of the Armed Forces of the
Philippines

Constitution of the Lupon:
The preparation of the notice to constitute the Lupon

by the Punong Barangay has been changed from
“Within the first ten (10) days of January of every other
year (Section 1(a)(2), P.D. 1508) to the present “within
the first fifteen (15) days of Punong Barangays term
of office” under Section 399
( c ), LGC.

Selection of Pangkat Members:
The striking out process for selecting members of the

Pangkat in case the parties cannot agree on its
composition under paragraph 2, Section 1 (f), P.D.
1508, has been deleted and replaced by the second
paragraph of Sec. 404 (a) that “should the parties fail to
agree on the Pangkat membership, the same shall be
determined by lots drawn by the Lupon chairman”.

Venue:
Residents of different
 Residents from different barangays but within the
barangays but the same same city/municipality
city or municipality:
Settlement shall be
brought in the barangay
where the respondent or
any of the respondents
actually resides, at the
selection of the
complainant.  Lupon of the
barangay where the
respondent resides

 Realty cases:
Venue of disputes in involving
real property which, under Section
3, P.D. 1508, “ shall be brought in
the barangay where the real
property or any part thereof, is
located, has been slightly amended
so that if the real property straddles
more than one barangay, the venue
is laid in the barangay where “the
at the Lupon where the said
larger portion thereof is property is located
situated”. Under Sec. 409 ( c ),
at the Lupon where the larger portion of
LGC. the said property is located

 Common workplace or place
of study:
A new provision expanding
venue has been added where the
dispute arose at the workplace or
place of study common to both
contending parties, in which
cases venue shall be laid in “the
barangay where such
at the Lupon of the barangay
where said workplace or school is
workplace or institution (of
located learning) is located”.

Criminal Cases
The presently very narrow authority to conciliate

criminal cases to those wherein the imposable penalty does
not exceed thirty (30) days of imprisonment and/or P200.00
fine, under Section 2 (3), P.D. 1508, has been greatly
enlarged to offenses punishable by not exceeding one (1)
year of imprisonment or P5,000.00 fine, under Sec.
408(c), LGC.

Realty cases:
Disputes involving real property located in different

municipalities which, under Section 3 (2), P.D. 1508, has
been expressly excluded from the Lupon’s authority to
conciliate, is now included and authorized to be
conciliated provided that “the parties thereto agree to
submit their differences to amicable settlement by an
appropriate Lupon” under Section 408 (e), LGC.

Cases involving non-residents:
The express authority to conciliate parties residing

in adjoining barangays although belonging to different
municipalities granted under Section 3 (1), P.D. 1508, has
been restricted by Section 408 (f), LGC, to cases where
“the parties thereto agree to submit their differences
to amicable settlement by an appropriate Lupon”.

Filing Fee:
The imposition of an “appropriate filing fee” is made
as a condition to “initiate proceedings” under the new
Katarungang Pambarangay Law in Section 410 (a),
LGC.
Implementing rules are necessary to provide

guidelines as to how much the filing fee should be; who
shall collect it; who shall be the custodian of the funds
generated; and for what purposes the fund may be
disbursed.

Period for Mediation:
The non-extendible period of fifteen (15) days given to the

Barangay Captain in Section 4 (b) of P.D. 1508, has been
made “extendible for another period which shall not
exceed fifteen (15) days except in clearly meritorious
cases”. Under Section 410 (b), LGC. Thus, the conciliation
under the Pangkat ng Tagapagkasundo under the local
government code has now been given a maximum limit of
forty-five (45) days.

Disputes between IPs/ICCs:
Section 412 (c), LGC, adds a new provision that “the customs
and traditions of indigenous cultural communities shall be
applied in settling disputes between members of the
cultural communities”.
Implementing rules are required to clarify this provision. It

would seem that this is applicable only to cases where both
contending parties belong to the same cultural community but
the dispute arose else- where, such as at a common workplace
or place of study, and that the complaint was filed said venue.

Execution of Settlements:
A radical change has been made by Section 417, LGC, which grants the power of
execution to the Lupon. Under Section 12, P.D. 1508, the power of execution of
settlements effected under the Katarungang Pambarangay Law, is vested in the Municipal
Trial Court having territorial jurisdiction over the barangay where the conciliation
proceedings took place.
Implementing rules are necessary to provide a point for computing the 6-month period for
execution of an arbitration award which is not provided for in the LGC. As in judicial
decision, the computation point should be from date of receipt of the arbitration award
since it is only from such date that the losing party becomes aware of said fact. This is
unlike amicable settlements wherein the parties become aware of its terms and conditions
before affixing their signatures thereon and, therefore, the period should properly be
computed from the date of such signing.

Court referral of disputes:
Under the last paragraph of Section 408, LGC, the court is now
authorized motu proprio to refer any non-criminal case to the Lupon
concerned for amicable settlement even if it does not fall within the
authority of the Lupon under the LGC.
A circular from the Supreme Court, pending an amendatory provision
of the Rules of Court, is necessary in order to apprise judges of this new
authority.
A settlement effected by the Lupon under this new authority, is
required to be submitted for court approval and consequent rendition of
a judgment upon compromise, under Section 416, paragraph 2, LGC.

Confidentiality of Proceedings:
The controversial provision of Section 10, P.D. 1508 that
“admissions made in the course of any of the
proceedings for settlement may be admissible for any
purpose in any other proceedings”, has been deleted
from the LGC.
This is a highly significant change as it impliedly

assures confidentiality of any admissions made during the
course of the conciliation proceedings and thereby
encourages such admissions which are considered
facilitative of settlement.
All disputes
Where one party is Where the disputes
Offenses
the government or involves real
punishable by
any subdivision or properties located Disputes
imprisonment
instrumentality in different involving parties
exceeding one
thereof. municipalities or who actually
(1) year or fine
cities resides in
exceeding Five
thousand pesos barangays of
Where one party different cities
is a public officer or municipalities
Offenses where or employee and
there is no private the disputes
offended party relates to the
performance of
his official
functions
All disputes
Such other classes of

disputes which the
President may determine Labor
in the interest of justice or disputes
upon the recommendation Actions to annul
of the Sec. of Justice judgment upon a
compromise
agreement
Where the
dispute arises
from the CARL

All disputes
 Criminal cases punishable
by an imprisonment not
exceeding one (1) year or a
fine not exceeding Five
thousand pesos
 Civil cases

 ART. 155 - ALARMS AND SCANDALS
1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosives calculated
to cause alarm or danger;
2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or
prejudicial to public tranquility;
3. Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public
peace; or
4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided that the
circumstances of the case shall not make the provisions of Article 153 applicable.
 ART. 175 - USING FALSE CERTIFICATES

False medical certificates, false certificates of merits or service, etc. — The penalties of arresto mayor in its maximum period to
prision correccional in its minimum period and a fine not to exceed P1,000 pesos shall be imposed upon:
1. Any physician or surgeon who, in connection, with the practice of his profession, shall issue a false certificate; and
2. Any public officer who shall issue a false certificate of merit of service, good conduct or similar circumstances.
The penalty of arresto mayor shall be imposed upon any private person who shall falsify a certificate falling within the classes
mentioned in the two preceding subdivisions.

 ART. 178 - USING FICTITIOUS NAMES AND CONCEALING TRUE NAMES
Using fictitious name and concealing true name. — The penalty of arresto mayor and a fine not to exceed 500 pesos shall be imposed upon
any person who shall publicly use a fictitious name for the purpose of concealing a crime, evading the execution of a judgment or causing
damage.
Any person who conceals his true name and other personal circumstances shall be punished by arresto menor or a fine not to exceed 200
pesos.
 ART. 179 - ILLEGAL USE OF UNIFORMS AND INSIGNIAS

Illegal use of uniforms or insignia. — The penalty of arresto mayor shall be imposed upon any person who shall publicly and improperly
make use of insignia, uniforms or dress pertaining to an office not held by such person or to a class of persons of which he is not a member.
 ART. 252 - PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY

When in a tumultuous affray as referred to in the preceding article, only serious physical injuries are inflicted upon the participants thereof
and the person responsible thereof cannot be identified, all those who appear to have used violence upon the person of the offended
party shall suffer the penalty next lower in degree than that provided for the physical injuries so inflicted.
When the physical injuries inflicted are of a less serious nature and the person responsible therefor cannot be identified, all those who
appear to have used any violence upon the person of the offended party shall be punished by arresto mayor from five to fifteen days.

 ART 253 - GIVING ASSISTANCE TO NOT CONSUMMATED
SUICIDE
Giving assistance to suicide. — Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor;
if such person lends his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of reclusion
temporal. However, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum periods, shall
be imposed.
 ART. 260 - RESPONSIBILITY OF PARTICIPANTS IN A DUEL IF

ONLY PHYSICAL INJURIES ARE INFLICTED OR NO PHYSICAL
INJURIES HAVE BEEN INFLICTED
Responsibility of participants in a duel. — The penalty of reclusion temporal shall be imposed upon any person who shall kill his
adversary in a duel.
If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided therefor, according to their nature.
In any other case, the combatants shall suffer the penalty of arresto mayor, although no physical injuries have been inflicted.
The seconds shall in all events be punished as accomplices.

 ART. 265 - LESS SERIOUS PHYSICAL INJURIES
Less serious physical injuries. — Any person who shall inflict upon another physical injuries not described in the preceding
articles, but which shall incapacitate the offended party for labor for ten days or more (but not more than 30 days), or shall
require medical assistance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of
arresto mayor.
 ART 266 - SLIGHT PHYSICAL INJURIES AND

MALTREATMENT
 Slight physical injuries and maltreatment. — The crime of slight physical injuries shall be punished:
1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from
one to nine days, or shall require medical attendance during the same period.
2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has caused physical injuries which do not
prevent the offended party from engaging in his habitual work nor require medical assistance.
3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall ill-treat another by deed
without causing any injury.

 ART. 269 - UNLAWFUL ARREST
Unlawful arrest. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, in
any case other than those authorized by law, or without reasonable ground therefor, shall arrest or detain another for the
purpose of delivering him to the proper authorities.
 ART 271 - INDUCING A MINOR TO ABANDON HIS/HER

HOME
Inducing a minor to abandon his home. — The penalty of prision correccional and a fine not exceeding seven hundred pesos
shall be imposed upon anyone who shall induce a minor to abandon the home of his parent or guardians or the persons
entrusted with his custody.
If the person committing any of the crimes covered by the (two) preceding articles shall be the father or the mother of the
minor, the penalty shall be arresto mayor or a fine not exceeding three hundred pesos, or both.

 ART. 275 - ABANDONMENT OF A PERSON IN DANGER AND
ABANDONMENT OF ONE’S OWN
Abandonment of person in danger and abandonment of one's own victim. — The penalty of arresto mayor shall be imposed
upon:
1. Any one who shall fail to render assistance to any person whom he shall find in an uninhabited place wounded or in danger
of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more
serious offense.
2. Anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured.
3. Anyone who, having found an abandoned child under seven years of age, shall fail to deliver said child to the authorities or
to his family, or shall fail to take him to a safe place.
 ART. 276 - ABANDONING A MINOR (A CHILD UNDER SEVEN [7] YEARS

OLD)
Abandoning a minor. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any one who
shall abandon a child under seven years of age, the custody of which is incumbent upon him.
When the death of the minor shall result from such abandonment, the culprit shall be punished by prision correccional in its
medium and maximum periods; but if the life of the minor shall have been in danger only, the penalty shall be prision
correccional in its minimum and medium periods.
 ART. 277 - ABANDONMENT OF A MINOR BY PERSONS ENTRUSTED WITH
HIS/HER CUSTODY; INDIFFERENCE OF PARENTS
Abandonment of minor by person entrusted with his custody; indifference of parents. — The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon anyone who, having charge of the rearing or education of a minor, shall deliver said minor to
a public institution or other persons, without the consent of the one who entrusted such child to his care or in the absence of the latter,
without the consent of the proper authorities.
The same penalty shall be imposed upon the parents who shall neglect their children by not giving them the education which their
station in life require and financial conditions permit.
 ART. 280 - QUALIFIED TRESSPASS TO DWELLING (WITHOUT THE USE OF

VIOLENCE AND INTIMIDATION)
Qualified trespass to dwelling. — Any private person who shall enter the dwelling of another against the latter's will shall be punished by
arresto mayor and a fine not exceeding 1,000 pesos.
If the offense be committed by means of violence or intimidation, the penalty shall be prision correccional in its medium and maximum
periods and a fine not exceeding 1,000 pesos.
The provisions of this article shall not be applicable to any person who shall enter another's dwelling for the purpose of preventing some
serious harm to himself, the occupants of the dwelling or a third person, nor shall it be applicable to any person who shall enter a
dwelling for the purpose of rendering some service to humanity or justice, nor to anyone who shall enter cafes, taverns, inn and other
public houses, while the same are open.
 ART. 281 - OTHER FORMS OF TRESSPASS
Other forms of trespass. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any
person who shall enter the closed premises or the fenced estate of another, while either or them are uninhabited, if the prohibition
to enter be manifest and the trespasser has not secured the permission of the owner or the caretaker thereof.
 ART. 283 - LIGHT THREATS

Light threats. — Any threat to commit a wrong not constituting a crime, made in the manner expressed in subdivision 1 of the next
preceding article, shall be punished by arresto mayor.
 ART. 285 - OTHER LIGHT THREATS

Other light threats. — The penalty of arresto menor in its minimum period or a fine not exceeding 200 pesos shall be imposed upon:
1. Any person who, without being included in the provisions of the next preceding article, shall threaten another with a weapon or
draw such weapon in a quarrel, unless it be in lawful self-defense.
2. Any person who, in the heat of anger, shall orally threaten another with some harm constituting a crime, and who by subsequent
acts show that he did not persist in the idea involved in his threat, provided that the circumstances of the offense shall not bring it
within the provisions of Article 282 of this Code.
3. Any person who shall orally threaten to do another any harm not constituting a felony.

 ART. 286 - GRAVE COERCION
Grave coercions. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, without
authority of law, shall, by means of violence, prevent another from doing something not prohibited by law, or compel him to do something
against his will, whether it be right or wrong.
If the coercion be committed for the purpose of compelling another to perform any religious act or to prevent him from so doing, the
penalty next higher in degree shall be imposed.
 ART. 287 - LIGHT COERCION
Light coercions. — Any person who, by means of violence, shall seize anything belonging to his debtor for the purpose of applying the same
to the payment of the debt, shall suffer the penalty of arresto mayor in its minimum period and a fine equivalent to the value of the thing,
but in no case less than 75 pesos.
Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from 5 pesos to 200 pesos, or both.
 ART. 288 - OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF
MERCHANDISE AND PAYMENT OF WAGES BY MEANS OF TOKENS)
Other similar coercions; (Compulsory purchase of merchandise and payment of wages by means of tokens.) — The penalty of arresto mayor
or a fine ranging from 200 to 500 pesos, or both, shall be imposed upon any person, agent or officer, of any association or corporation who
shall force or compel, directly or indirectly, or shall knowingly permit any laborer or employee employed by him or by such firm or
corporation to be forced or compelled, to purchase merchandise or commodities of any kind.
The same penalties shall be imposed upon any person who shall pay the wages due a laborer or employee employed by him, by means of
tokens or objects other than the legal tender currency of the laborer or employee.
 ART. 309 - THEFT (IF THE VALUE OF THE PROPERTY STOLEN DOES NOT
EXCEED P50.00)
Penalties. — Any person guilty of theft shall be punished by:
5. Arresto mayor to its full extent, if such value is over 5 pesos but does not exceed 50 pesos.
6. Arresto mayor in its minimum and medium periods, if such value does not exceed 5 pesos.
7. Arresto menor or a fine not exceeding 200 pesos, if the theft is committed under the circumstances enumerated in paragraph 3 of the
next preceding article and the value of the thing stolen does not exceed 5 pesos. If such value exceeds said amount, the provision of
any of the five preceding subdivisions shall be made applicable.
8. Arresto menor in its minimum period or a fine not exceeding 50 pesos, when the value of the thing stolen is not over 5 pesos, and
the offender shall have acted under the impulse of hunger, poverty, or the difficulty of earning a livelihood for the support of himself or
his family.
 ART. 310 - QUALIFIED THEFT (IF THE AMOUNT DOES NOT EXCEED P500)
Qualified theft. — The crime of theft shall be punished by the penalties next higher by two degrees than those respectively specified in
the next preceding article, if committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is motor
vehicle, mail matter or large cattle or consists of coconuts taken from the premises of the plantation or fish taken from a fishpond or
fishery, or if property is taken on the occasion of fire, earthquake, typhoon, volcanic erruption, or any other calamity, vehicular
accident or civil disturbance.

 ART. 312 - OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL
RIGHTS IN PROPERTY
Occupation of real property or usurpation of real rights in property. — Any person who, by means of violence against or intimidation of
persons, shall take possession of any real property or shall usurp any real rights in property belonging to another, in addition to the
penalty incurred for the acts of violence executed by him, shall be punished by a fine from 50 to 100 per centum of the gain which he
shall have obtained, but not less than 75 pesos.
If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos shall be imposed.
 ART. 313 - ALTERING BOUNDARIES OR LANDMARKS

Altering boundaries or landmarks. — Any person who shall alter the boundary marks or monuments of towns, provinces, or estates, or
any other marks intended to designate the boundaries of the same, shall be punished by arresto menor or a fine not exceeding 100
pesos, or both.

 ART. 315 - SWINDLING OR ESTAFA (IF THE AMOUNT DOES NOT EXCEED
P200.00)
 ART. 316 - OTHER FORMS OF SWINDLING
 ART 317 - SWINDLING A MINOR

Swindling a minor. — Any person who taking advantage of the inexperience or emotions or feelings of a minor, to his detriment, shall
induce him to assume any obligation or to give any release or execute a transfer of any property right in consideration of some loan of
money, credit or other personal property, whether the loan clearly appears in the document or is shown in any other form, shall suffer
the penalty of arresto mayor and a fine of a sum ranging from 10 to 50 per cent of the value of the obligation contracted by the minor.

 ART. 318 - OTHER DECEITS
Other deceits. — The penalty of arresto mayor and a fine of not less than the amount of the damage caused and not more than twice
such amount shall be imposed upon any person who shall defraud or damage another by any other deceit not mentioned in the
preceding articles of this chapter.
Any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes, or take advantage of the credulity of the public
in any other similar manner, shall suffer the penalty of arresto mayor or a fine not exceeding 200 pesos.
 ART. 328 - SPECIAL CASES OF MALICIOUS MISCHIEF (IF THE VALUE OF
THE DAMAGED PROPERTY DOES NOT EXCEED P1,000.00)
Special cases of malicious mischief. — Any person who shall cause damage to obstruct the performance of public functions, or using
any poisonous or corrosive substance; or spreading any infection or contagion among cattle; or who cause damage to the property of
the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in
common by the public, shall be punished:
1. By prision correccional in its minimum and medium periods, if the value of the damage caused exceeds 1,000 pesos;
2. By arresto mayor, if such value does not exceed the abovementioned amount but it is over 200 pesos; and
3. By arresto menor, in such value does not exceed 200 pesos.

 ART. 329 - OTHER MISCHIEFS (IF THE VALUE OF THE DAMAGED
PROPERTY DOES NOT EXCEED P1,000.00
Other mischiefs. — The mischiefs not included in the next preceding article shall be punished:
1. By arresto mayor in its medium and maximum periods, if the value of the damage caused exceeds 1,000 pesos;
2. By arresto mayor in its minimum and medium periods, if such value is over 200 pesos but does not exceed 1,000 pesos; and
3. By arresto menor or fine of not less than the value of the damage caused and not more than 200 pesos, if the amount involved
does not exceed 200 pesos or cannot be estimated
 ART. 338 - SIMPLE SEDUCTION

Simple seduction. — The seduction of a woman who is single or a widow of good reputation, over twelve but under eighteen years
of age, committed by means of deceit, shall be punished by arresto mayor.
Under the provisions of this Chapter, seduction is committed when the offender has carnal knowledge of any of the persons and
under the circumstances described herein.

 ART 339 - ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE
OFFENDED PARTY
Acts of lasciviousness with the consent of the offended party. — The penalty of arresto mayor shall be imposed to punish any other
acts of lasciviousness committed by the same persons and the same circumstances as those provided in Articles 337 and 338.
 ART. 258 – SLANDER

Slander. — Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period
if it is of a serious and insulting nature; otherwise the penalty shall be arresto menor or a fine not exceeding 200 pesos.
 ART. 259 – SLANDER BY DEED

The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to
1,000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast
dishonor, discredit or contempt upon another person. If said act is not of a serious nature, the penalty shall be arresto menor or a
fine not exceeding 200 pesos.

 ART. 363 - INCRIMINATING INNOCENT PERSONS
Incriminating innocent person. — Any person who, by any act not constituting perjury, shall directly incriminate or impute to an innocent
person the commission of a crime, shall be punished by arresto menor.
 ART. 364 - INTRIGUING AGAINST HONOR

Intriguing against honor. — The penalty of arresto menor or fine not exceeding 200 pesos shall be imposed for any intrigue
which has for its principal purpose to blemish the honor or reputation of a person.
 ISSUING CHECKS WITHOUT SUFFICIENT FUNDS (BP 22);

BATAS PAMBANSA BLG. 22
“AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT SUFFICIENT
FUNDS OR CREDIT AND FOR OTHER PURPOSES.”

 PD 1612 - FENCING OF STOLEN PROPERTIES IF THE PROPERTY
INVOLVED IS NOT MORE THAN P50.00
Section 2. Definition of Terms. The following terms shall mean as follows:

(a) "Fencing" is the act of any person who, with intent to gain for himself or for another, shall buy, receive,
possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any
article, item, object or anything of value which he knows, or should be known to him, to have been derived
from the proceeds of the crime of robbery or theft.
Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or anything of value which
has been the subject of robbery or thievery shall be prima facie evidence of fencing.

NOTE:
VENUE MAYBE WAIVED

BUT NOT THE JURISDICTION

Methods of Dispute Resolution
Amicable settlement refers to a friendly

arrangement arrived at to end a
dispute or disagreement and it is a
result of mediation or conciliation.
• Mediation by the lupon chairman
• Conciliation by the Pangkat ng Tagapagkasundo.

PROCEDURE
 Filing of complaint, orally or in writing to the

Lupon Chairman of the barangay upon payment of
the appropriate filing fee.
MEDIATION BY THE LUPON CHAIRMAN
 Summon the respondents with notice to the
complaint
If he fails in the mediation, set the date for
the constitution of the Pangkat.
EFFECT: SUSPENSION OF PRESCRIPTIVE PERIOD

OF OFFENSES upon filing of the complaint with
the Punong barangay.
PRESCRIPTIVE PERIODS:
For offenses
punishable by 5 years Upon the filing
arresto mayor of complaint
For oral
defamation & 6 months NOT more
slander by deed than 60 days
Resume upon
For light offenses 2 months receipt of the
CERTIFICATION to
file/ repudiate
1. Complainant files a complaint with the Punong Barangay as
lupon chairman . If qualified as a barangay dispute, it goes
through the process of mediation or may be submitted for
arbitration if the parties so agree. If mediation is successful, an
amicable settlement is the end result which settlement can be
enforced or executed after it has become final and executory. If
submitted for arbitration, an award is issued by the lupon
chairman which award can also be executed after it has become
final and executory. But if mediation fails and there is no
agreement to arbitrate, the lupon chairman constitutes the
pangkat ng Tagapagkasundo.

2. After its constitution, the Pangkat proceeds with
conciliation or hear the dispute on arbitration, if
the parties so agree. If conciliation is successful,
amicable settlement results therefrom. If
arbitrated upon, the Pangkat issues the arbitration
award. But if conciliation fails, the complaint is
ready for formal adjudication in court.

EXCEPTION:
 Where the accused is under detention
 Where a person has otherwise deprived of personal liberty calling

for habeas corpus proceeding.
 Where actions are coupled with provisional remedies such as

preliminary injunction, attachment, delivery of personal
property and support pendent lite
 Where actions may be barred by statute of limitations.

GENERAL RULE:
No complaint involving any

matter within the authority of
the Lupon shall be filed or
instituted directly in court unless
there has been a confrontation
between the parties before the
Lupon Chairman or the Pangkat
and that no settlement has been
reached.

STEPS IN 1. Complainant files a verbal or written
MEDIATION complaint. If the complaint is done
verbally, the lupon chairman shall-have
this complaint put in writing (KPF 7). The
manual act of writing is usually done by
the lupon secretary. He/She is also the
custodian and maintainer of the record
book of all complaints filed with the lupon
chairman.
2. Upon filing of the complaint, complainant
must pay a filing fee.
3. Immediately upon receipt of the
complaint, the lupon chairman
shall notify the complainant of the
date of initial hearing (KPF 8).
4. Issue summons within the next

working day to the respondent/s to
appear before him not later than five
(5) days from date of summons (KPF 9
w/ Return Slip)

5. Respondent shall answer the complaint orally
or in writing. If orally made, the lupon chairman
shall have it reduced into writing and the lupon
secretary shall record the same under the barangay
case number of the complaint.
The Answer may contain a (1) denial of the
averments of the complaint; (2) an allegation of a
lawful defense (3) a counterclaim against the
complainant; (4) a cross-claim against a co-
respondent; or (5) a third party complaint against
one not yet a party to the dispute.

6. Complainant/s and respondents must appear
in person before the lupon chairman. They
cannot be represented by counsel; neither, can
any one intervene for and in their behalf.
However, minors and incompetents may be
assisted by their next of kin who are not lawyers.
7. Mediation proceedings shall be open to the
public. Exclusion may be made upon request of
any of the party or upon the initiative of the
lupon chairman when it is in the interest of
privacy, decency or public morals.

8. The manner of conduct of mediation proceedings
are informal but orderly. Technical rules of evidence
need not be followed. The proceedings must aim to effect
fair settlement of the dispute and to bring about a
harmonious relationship between or among parties.
9. Mediation proceedings shall be recorded by the

lupon secretary. Record shall note the date and time of
hearing, appearance of the parties, names of witnesses, if
any, and the substance of their testimonies, objections
raised and resolutions thereto and such other matters as
will be helpful to a full understanding of the case.

10. Lupon chairman shall exert
all efforts to mediate the parties
within fifteen (15) days from their
initial confrontation.
11. If mediation is successful, parties

shall sign an amicable settlement (KPF
16). If unsuccessful, the lupon chairman
shall constitute the Pangkat ng
Tagapagkasundo.

MEDIATION PROCEDURE
1. Secretary
COMPLAINANT PUNONG BARANGAY 2. Treasurer
AGREEMENT
MEDIATION PROCESS
TO ARBITRATE
HEARING ON
AMICABLE
SETTLEMENT
NO SETTLEMENT ARBITRATION
REPUDIATION EXECUTION ARBITRATION AWARD NO SETTLEMENT
CONSTITUTION OF
PANGKAT REPUDIATION EXECUTION
CERTIFICATE TO
FILE ACTION CERTIFICATE TO
CERTIFICATE TO
FILE ACTION
FILE ACTION “Matino, Mahusay at Maaasahan”
STEPS IN CONCILIATION
1. Once the Pangkat is constituted, the
lupon chairman gives notice to the
chosen pangkat members and sets the
date and time for the initial hearing of
the dispute (KPF 12). It shall not be later
than three (3) days after its constitution.
2. At the initial hearing, the chosen pangkat
members shall elect the chairman and secretary
from among themselves

CONCILIATION PROCEDURE
PUNONG BARANGAY PANGKAT NG

TAGAPAGSUNDO
AGREEMENT
CONCILIATION
TO ARBITRATE
PROCESS
HEARING ON
AMICABLE ARBITRATION
SETTLEMENT
NO SETTLEMENT
ARBITRATION AWARD NO SETTLEMENT

REPUDIATION EXECUTION
CERTIFICATE TO EXECUTION
REPUDIATION
CERTIFICATE TO FILE ACTION
FILE ACTION
CERTIFICATE TO
CERTIFICATE TO FILE ACTION
FILE ACTION
SANCTIONS FOR NON-APPEARANCE
IF THE PANGKAT CHAIRPERSON FINDS AFTER HEARING THAT
THE FAILURE TO APPEAR OF THE COMPLAINANT IS
WITHOUT JUSTIFIABLE REASON, HE OR SHE SHALL:
1. DISMISS THE COMPLAINT
2. DIRECT THE ISSUANCE OF AND ATTEST TO THE

CERTIFICATION TO BAR THE FILING OF ACTION IN COURT OR
ANY GOVERNMENT OFFICES
3. APPLY WITH THE LOCAL TRIAL COURT FOR PUNISHMENT

OF THE RECALCITRANT PARTY FOR THE INDIRECT CONTEMPT
OFCOURT.
IF THE PANGKAT CHAIRPERSON FINDS AFTER HEARING
THAT THE FAILURE TO APPEAR OF THE RESPONDENT
IS WITHOUT JUSTIFIABLE REASONS, HE/SHE SHALL:
• DISMISS THE RESPONDENT’S COUNTERCLAIM
• DIRECT THE ISSUANCE OF AND ATTEST TO THE

CERTIFICATION TO BAR THE FILING OF RESPONDENT
COUNTERCLAIM IN COURT OR GOVERNMENT OFFICE.
• ISSUE CERTIFICATION TO FILE ACTION TO FILE

COMPLAINANT‛S ACTION IN COURT OR ANY GOVERNMENT
OFFICE

STEPS IN ARBITRATION
1. Arbitration may be agreed upon by the parties
during the mediation or conciliation stage.
2. It starts with the written agreement

to arbitrate (KPF 14)
3. After the lapse of five (5) days from date of agreement
and there being no repudiation made, arbitrational
hearings begin. These hearings shall follow the order of
adjudicative trials. (Repudiation on Arbitration Agreement
may be repudiated (KPF 17)
4. Evidence for the complainant. Arbiter calls in
first the complainant and his witness (witness/es
are requested through a Subpoena (KPF 13). Each
one will testify one after the other in support of the
complaint. After all has
5. Evidence for the respondent. Arbiter calls in the

respondent and his witnesses. They will testify one after
the other to controvert the claim or to support the
defense set up by the respondent. After all have been
heard, respondent rests his case.

6. After all the evidence from both parties are laid before
the arbiter, the latter shall evaluate them and thereafter,
render an award which shall not be more than fifteen (15)
days from date of agreement to arbitrate.
7. If arbitration is conducted by the lupon chairman, he

shall administer the oath. If the arbiter is the pangkat ng
Tagpagkasundo, the pangkat chairman presides over the
arbitrational hearings. He is also tasked to issue the
summons and notice of hearing and has the authority to
administer oath.

GENERAL RULE:
Arbitration is a one-step settlement

procedure. If arbitration is conducted before
the lupon chairman, the dispute ends there.
It does not go down to the Pangkat anymore,
unlike in mediation where the constitution
of the pangkat is mandatory when mediation
fails.

PANGKAT NG
PUNONG BARANGAY TAGAPAGSUNDO
ARBITRATION HEARING
ARBITRATION PROCEDURE
EVIDENCE FOR COMPLAINANT
EVIDENCE FOR RESPONDENT
AWARD
PETITION FOR
EXECUTION
NULLIFICATION
EFFECT OF AMICABLE SETTLEMENT AND
ARBITRATION AWARD
•Shall have the force and effect of a final judgment

of a court upon the expiration of ten [10] days
from the date thereof, UNLESS REPUDIATED or
petition to NULLIFY the award has been filed
before the proper municipal court.

Pangkat conciliates the
Complaint is filed If mediation fails, parties or arbitrates the
with the Punong case
Punong Barangay
(convene not later than 3
Barangay orally creates a Pangkat days from constitution on
or in writing (3 members) day hour set by Lupon
Chair to hear parties) PROCEDURE
If settlement is If agreement is IN THE
Lupon Secretary
records the
reached, case is reached or arbitration SETTLEMENT
considered closed. award is made, case OF DISPUTES
complaint and
(Amicable is closed. (Amicable
assigns it a docket
Settlement/ Settlement/ AT THE
number BARANGAY
Arbitration Award) Arbitration Award)
Punong Barangay issues If conciliation or LEVEL
summons/notice for parties Punong Barangay arbitration fails or
to appear before him (day Mediates the parties Pangkat’s decision is
after or as per official
schedule) or arbitrates the case validly repudiated, the
Summons – Respondent (within 15 days) case may be taken to
Notice - Complainant court (CFA)
END RESULT OF KP SETTLEMENT
1. Amicable Settlement (KPF 16)
(a) must be in writing;
(b) in a language or dialect known to the parties;
(c) signed by both the complainant and the respondent; and
(d) attested to by the lupon chairman or the pangkat
chairman, as the case may be.
(e) Not to be drafted by a lawyer and brought to the 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.
*Amicable settlement bears the force and effect of a final judgment of a court after the
expiration of ten (10) days from date of settlement. During this ten-day period, any party to
the dispute may repudiate the said settlement (KPF 17).

• After TEN (10) days, the settlement will be executory and HAS
THE FORCE AND EFFECT OF A DECISION OF A COURT
Any party can protest the settlement within TEN DAYS
(Repudiation – Form ). Repudiation is done by filing a statement sworn
to before either the lupon or pangkat chairman, depending on who
attested to the settlement, repudiating the same on the ground that his
consent was obtained or vitiated by fraud, violence or intimidation.
Repudiation is sufficient basis for the of a certification to file action in
court or any government office for adjudication.
• AFTER TEN DAYS, the settlement will take EFFECT

2. Arbitration Award (KPF 15)
• The award shall be in writing, in a language or dialect known to the

parties. It shall be signed by the lupon chairman or all members of
the Pangkat, as the case may be.
• An arbitration award has the force and effect of a final judgment
of a court upon the expiration of ten (10) days from receipt of
the award.
• Within this 10-day period, the aggrieved party may file
before the local trial court a petition for Nullification
of the award.

EXECUTION
The amicable settlement or arbitration

award may be enforced by execution by
the Lupon within six [6] MONTHS
FROM THE DATE OF THE
SETTLEMENT.
AFTER SIX [6] MONTHS, the

settlement may be enforced by action in
the appropriate court.

• SECTION 2. Modes of Execution
The amicable settlement or arbitration
award may be enforced by execution of the
Lupon within six (6) months from the date
of the settlement or date of receipt of
award or from the date the obligation
stipulated in the settlement or adjudged in
the arbitration award becomes due and
demandable. After the lapse of such time, the settlement or
award may be enforced by the appropriate local trial court pursuant
to the applicable provisions of the Rule of Court. An amicable
settlement reached in a case referred by the Court having
jurisdiction over the case to the Lupon shall be enforced by
execution of the said court.
SECTION 3. Motion for Execution
The disputant/s may file motion with
the Punong Barangay copy furnished to
the other disputant/s for the execution
of the final settlement or award which
has not been complied with.

SECTION 4. Hearing
The Lupon Chairman shall
set the date of hearing on a
date agreed by the movant
within 5 days from the date
the motion was filed and shall
issue Notice of Hearing to the
other party.

CONDUCT OF HEARING OF THE MOTION
During the hearing, the
Punong Barangay shall ascertain
the fact of non-compliance
with the terms of the
settlement or award. Upon
such determination of non-compliance,
the Punong Barangay shall strongly
urge the party obliged to voluntarily
comply with the settlement or award.

SECTION 5. Issuance, form and contents of the Notice
of Execution
The Punong Barangay shall within five (5) days

from the day of the hearing, determine whether or not
voluntary compliance can be secured. Upon the lapse of
said five-day period, there being no voluntary compliance,
he shall issue a notice of execution
in the name of the Lupong
Tagapamayapa. The said notice must intelligently
refer to the settlement or award and the
amount actually due thereunder
if it be for money, or the terms
thereof which be complied with.

If personal property is not
sufficient to satisfy the settlement
or award, the deficiency shall be
satisfied in accordance with the
applicable provisions of the Rules
of Court.

b. If it be for the delivery or restitution of
property located in the barangay, the
Punong Barangay shall oust therefrom the
person against whom the
settlement or award is rendered
and place the party entitled
thereto in possession of such
property.

c. If it be for the delivery or
restitution of property located in
another barangay of the same city or
municipality, the Punong Barangay,
issuing the notice shall authorize
the Punong Barangay of the
Barangay where the property is
situated to take possession of the
property and to act in accordance
with paragraph (b) hereof.

SECTION 7. Properties exempt from execution
a. The debtor’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 horses, or two cows, or two carabaos, or other

beasts of burden, such as the debtor
may select, and necessarily used by
him in his ordinary occupation;
d. His necessary clothing, and that of
all his family;
e. Household furniture and 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 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 no exceed one
hundred thousand pesos (P100,000.00);
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 exempted from execution issued upon a
settlement or award for its price or for a mortgage
thereon.”

a. In case of perishable property, by posting immediately
upon taking possession thereof a written notice of the time
and place of the sale in three public places in the
barangay where the sale is to take place, for not less than
twenty four (24) hours prior to the sale;
b. In case of other personal property, by posting immediately

upon taking possession thereof a written notice of the time
and place of the sale in three public places in the barangay
where the sale is to take place, for not less than five (5) nor
more than ten (10) days;

2. Manner of Sale. – All sales of personal
property under execution must be made at
public auction, to the highest bidder, between
the hours of eight in the morning and five in
the afternoon at the place indicated in the
notice. After sufficient property has been sold
to satisfy the execution, no more shall be sold.
The personal property must be sold within
view of those attending the sale.

The party obliged if present at the sale, may
direct the order in which personal property
shall be sold. Neither the Punong Barangay
nor the Lupon Secretary nor any of the
members of the Lupon concerned can
become a purchaser, or be interested directly
or indirectly in such sale.

3. Disposition of Proceeds of Sale- The Punong Barangay
shall pay to the prevailing party so much of the
proceeds of the sale as will satisfy the settlement or
award. Any excess in the proceeds over the settlement
or award must be delivered to the party obliged.
When the prevailing party is the purchaser, he shall pay to

the party obliged only such amount as exceeds the
amount of the settlement/award.

SECTION 10. Conveyance to purchaser of personal
property. – When the purchaser of any personal property,
capable of manual delivery, pay the purchaser money, the
Punong Barangay making the sale must deliver the
property to the purchaser and if desired, execute and
deliver to him a certificate of sale. The sale conveys to the
purchaser all the right which the party obliged had in
such property on the day the execution was levied.

SECTION 11. Entry of satisfaction of settlement or
award by barangay secretary or Punong Barangay –
The satisfaction of a settlement or award shall be
entered by the Punong Barangay of an execution
satisfied, or upon the filing of an admission of
satisfaction of the settlement or award.

SECTION 12. Other cases of execution. –
In all other cases not herein provided for, the
applicable provisions of the Rules of Court
shall apply.


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 San Vicente, Bislig City,

“Matino, Mahusay at Maaasahan”

 Chief Justice Fred Ruiz Castro advocated

“Matino, Mahusay at Maaasahan”

“Matino, Mahusay at Maaasahan”

Lupong Tagapamayapa is a body organized in every barangay

Pangkat ng Tagapagkasundo is a concilitation panel

“Matino, Mahusay at Maaasahan”

 Conciliation (Pagpahiuli) is a process wherein the Pangkat

 Arbitration (Arbitrasyon) is a process wherein the third party from

“Matino, Mahusay at Maaasahan”

 Appointment of LT is the sole prerogative of the

 It does not require the concurrence of the

 What if the Punong Barangay fails to constitute the

– He can be charged for neglect and dereliction

“Matino, Mahusay at Maaasahan”

“Matino, Mahusay at Maaasahan”

“Matino, Mahusay at Maaasahan”

1. Sentenced by final judgment for an offense involving

“Matino, Mahusay at Maaasahan”

“Matino, Mahusay at Maaasahan”

“Matino, Mahusay at Maaasahan”

Administrative Supervision – The Lupon

“Matino, Mahusay at Maaasahan”

“Matino, Mahusay at Maaasahan”

Execution of Settlement or Award – The Lupon shall,

“Matino, Mahusay at Maaasahan”

“Matino, Mahusay at Maaasahan”

The Punong Barangay as Chairman of the

1. CONSTITUTION OF THE LUPONG

“Matino, Mahusay at Maaasahan”

 Receive all written complaints and put in writing all verbal

“Matino, Mahusay at Maaasahan”

“Matino, Mahusay at Maaasahan”

“Matino, Mahusay at Maaasahan”

“Matino, Mahusay at Maaasahan”

“Matino, Mahusay at Maaasahan”

“Matino, Mahusay at Maaasahan”

 Enforce by execution, on behalf of the

“Matino, Mahusay at Maaasahan”

Keep and maintain a record book of all complaints

“Matino, Mahusay at Maaasahan”

“Matino, Mahusay at Maaasahan”

“Matino, Mahusay at Maaasahan”

 Furnish copies of the settlement or arbitration award to all

 Issue certified true copies of any public record in his custody

“Matino, Mahusay at Maaasahan”

 The Chairman of the Pangkat shall be chosen by the majority

 Preside over all hearings conducted by the Pangkat and administer

 Issue summons for the personal appearance of parties and

“Matino, Mahusay at Maaasahan”

“Matino, Mahusay at Maaasahan”

“Matino, Mahusay at Maaasahan”

 Immediately transmit to the Lupon Secretary all

 Submit copies of the aforesaid minutes to the Lupon

“Matino, Mahusay at Maaasahan”

“Matino, Mahusay at Maaasahan”

“Matino, Mahusay at Maaasahan”

- A community-based dispute settlement

- As a community-based mechanism for dispute

“Matino, Mahusay at Maaasahan”

 Promote the just, speedy & inexpensive administration

“Matino, Mahusay at Maaasahan”