KATARUNGANG

PAMBARANGAY LAW
ATTY. ARNIE A. MAGDAONG, EdD
 a local justice
system

What is
operated by the
smallest of the
katarungang overseen by the
barangay captain
local government
units
pambarangay?
When PD 1508 first decreed the setting up of
the Barangay Justice System, the law had the
following 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
HISTORY

•There has long been a traditional, local system of resolving disputes. Presidential
Decree 1508 talks an unofficial "time-honored tradition of amicably settling disputes
among family and barangay members at the barangay level without judicial resources".
•Alfredo Flores Tadiar was the principal author of Presidential Decree 1508, The
Katarungang Pambarangay Law, and he also wrote its implementing rules, requiring
prior conciliation as a condition for judicial recourse. For 12 years (1980–1992), he was a
member of the Committee of Consultants, Bureau of Local Government Supervision,
which oversaw the nationwide operations of the Katarungang Pambarangay Law. Under
the decree, the body was known as Lupong Tagapayapa .
•This decree was replaced by the Local Government Code of 1991.
• He subsequently tested the empirical bases of the legal assumptions
underlying that law in a socio-legal research study funded by
Asia Foundation (1984) that he conducted in a rural area (
San Fernando, La Union) and an urban area (Quezon City).A significant
finding of his study was that Filipino people placed a high value on the
legal recognition of their customary mode of settling their interpersonal
disputes for its own intrinsic worth, while the instrumental value of
decongesting court dockets is only of secondary importance.
Lupon Tagapamayapa

• The Lupon Tagapamayapa is the body that comprises the barangay

justice system and on it sit the barangay captain and 10 to 20
members. The body is normally constituted every three years and
holds office until a new body is constituted in the third year. The
members of the Lupon should be residents or working in the
barangay and not disqualified by law for some reason and must
possess integrity, impartiality, independence of mind, sense of
fairness and reputation of probity. They receive no compensation
except honoraria, allowances and other emoluments as authorized
by law or barangay, municipal or city ordinance.
Is it only the Punong Barangay who has the
authority to constitute the Lupon?

• Yes, the Punong Barangay can appoint the Lupon members. It is

his/her exclusive prerogative. No need for approval, confirmation
or ratification of the Sangguniang Barangay.
What if the Punong Barangay fails to organize
the Lupon?

• He/ she can be charged of neglect of duty and be subjected to

administrative sanctions.
When and how can a Punong Barangay
constitute the Lupon?

• Within fifteen (15) days from the start of his or her term as
Punong Barangay, he or she should issue a notice to constitute the
Lupon and prepare the list of the names of proposed Lupon
members.
How many members does the Lupon have?

• A minimum of ten (10) and a maximum of twenty (20) persons.

Who are qualified to be members of the
Lupon?
After identifying the 10-20 members of the
Lupon, What are the next steps?

• The Barangay Secretary, who is also the concurrent secretary of

Lupon, shall prepare a Notice to Constitute the Lupon using KP
FORM 1.
• This notice shall be posted in three conspicuous or strategic places
within 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 weeks.
The list of appointed Lupon Members shall
be posted in three strategic and highly visible
places in the Barangay.
Six 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
What is the term of office of each Lupon
Member?
How can the Punong Barangay involve the Sangguniang
Barangay in Barangay Justice administration?

• The Sangguniang Barangay has the duty to provide the

administrative needs of the Lupong Tagapamayapa and the Pangkat
Tagapagkasundo by allocating funds from the Internal Revenue
Allotment for the Katarungang Pambarangay.
What are the functions of the lupon?

1. Exercise administrative supervision over the conciliation panels

2. Meet regularly once a month to provide 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
dispute; and
3. Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.
DISPUTES AND OFFENSES NOT COVERED BY
THE KATARUNGANG PAMBARANGAY
• Sec 408 of the LGC enumerates the instance that is not subject to amicable settlement:

• Naturally, there are cases that are best handled by the courts, the Office
of the Ombudsman, the National Labor Relations Commission, the
Securities and Exchange Commission, etc. So we have exceptions to the
general rule above, which are:
1.Where one party is the government, or any subdivision or
instrumentality thereof;

2.Where one party is a public officer or employee and the dispute relates
to the performance of his official functions;

3.Where the dispute involves real properties located in different cities

and municipalities, unless the parties thereto agree to submit their
difference to amicable settlement by an appropriate Lupon;

4.Any complaint by or against corporations, partnerships or juridical

entities, since only individuals shall be parties to Barangay conciliation
proceedings either as complainants or respondents [Sec. 1, Rule VI,
Katarungang Pambarangay Rules];
 •

5. Disputes involving parties who actually reside in barangays of different cities or

municipalities, except where such barangay units adjoin each other and the parties thereto
agree to submit their differences to amicable settlement by an appropriate Lupon;

6. Offenses for which the law prescribes a maximum penalty of imprisonment exceeding 1
year or a fine of over P5,000.00;

7. Offenses where there is no private offended party;

8. Disputes where urgent legal action is necessary to prevent injustice from being committed
or further continued, specifically the following:
• a. Criminal cases where accused is under police custody or detention;
• b. Petitions for habeas corpus by a person illegally deprived of his rightful custody over
another or a person illegally deprived of or on acting in his behalf;
• c. Actions coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support during the pendency of the
action; and
• d. Actions which may be barred by the Statute of Limitations.
9. Any class of disputes which the President may determine in the interest of justice or
upon the recommendation of the Secretary of Justice;

10.Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) [Secs.
46 & 47, R. A. 6657];

11.Labor disputes or controversies arising from employer-employee relations [Montoya

vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended], which grants
original and exclusive jurisdiction over conciliation and mediation of disputes,
grievances or problems to certain offices of the Department of Labor and
Employment];

12.Actions to annul judgment upon a compromise which may be filed directly in court
[Sanchez vs. Tupaz, 158 SCRA 459];

13.Where the dispute involves members of the same indigenous cultural community,
such dispute shall be settled in accordance with the customs and traditions of that
particular cultural community, or where one or more of the parties to the aforesaid
dispute belong to the minority and the parties mutually agreed to submit their dispute
to the indigenous system of amicable settlement [Sec. 412 [c], R.A. 7160]

14. Violence against Women and Children (VAWC) cases except issuance of
Protection Orders.
So exactly with which Lupon should one file a complaint?

a. Disputes between persons actually residing in the same barangay shall be

brought for amicable settlement before the Lupon of said barangay.
b. Those involving actual residents of different barangays within the same city or
municipality shall be brought in the barangay where the respondent or any of
the respondents actually resides, at the election of the complainant.
c. All disputes involving real property or any interest therein shall be brought in
the barangay where the real property or the larger portion thereof is situated.
d. Those arising at the workplace where the 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.
Non- conciliable cases brought to the
barangay
• This is a common occurrence, wherein disputes in the neighborhood, civil or
criminal, beyond the jurisdiction of the lupon to settle are accepted by the
punong barangay and even conciliated by the pangkat.

There is no law, issuance or ruling prohibiting or penalizing a punong barangay

from accepting complaints and grievances, especially when both contending
parties are his constituents.
Can lawyers participate in barangay
conciliation proceedings?

• Filing a case in court, or defending oneself against such a case,

would necessarily entail the services of lawyers. In the Barangay
Justice System, however, the parties do not need to secure the
services of lawyers. In fact, the law prohibits the participation of
lawyers in the conciliation proceedings.
After the complaint has paid the filing fee,
what is the next step?

• Within three (3) days, the Punong Barangay should issue a notice
of hearing to the complainant and summon the respondent both of
whom should appear before the Punong Barangay.
What if any of the parties failed to appear?

• The complainant cannot appear before the Punong Barangay

without justifiable cause, his/ her complaint will be dismissed and
eventually he/she cannot file a case in court.

• Respondent’s refusal or willful failure to appear shall be a

sufficient basis for the issuance of a certification for filing
complainant’s cause of action in court or with the proper
government agency or office.
What if both of them appear?

• The Punong Barangay, as mediator, will listen to them carefully

and help them find the solution within 15 days. If the respondent
does not appear, the case will be referred to the Pangkat
Tagapagkasundo.
How to handle the disputes properly?

• Before the actual mediation, it is necessary for the PB to know the

parties involved and their differences.
• It is very important to explain the process and objectives of the
mediation and the rules to be observed during the mediation.
• It is better if you could start the whole process with a prayer.
• Give each party time to explain their side without interruption
from the other party.
• Ask questions and involve both parties in looking for the solution
of their disputes.
How to ensure that the agreement will be
complied?

• After 10 days, the settlement will be executory and it has the

force and effect of a decision of a court.
What if any of disputant was forced to come up with
the settlement through fraud, threat or intimidation?

• Any party can protest the settlement within 10 days. For after 10
days, the settlement will take effect.
How can the respondent comply with the
settlement?

• He/she can voluntary comply with the settlement within 5 days.

However, if he/she fails, then his property will be taken as
prescribed by law.
What if mediation fails and no settlement is
ever reached?

• It shall be resolved through a group of conciliators known and

respected by both parties (Pangkat Tagapagkasundo).
What is the process of conciliation?

• The PB will constitute the Pangkat ng Tagapagkasundo within 15

days from the last day of the mediation proceedings.
Who can be members of the Pangkat?

• The three members shall come from the Lupon and will be chosen
by both parties, the complainant and the respondent.
What if the parties fail to agree on the
Pangkat membership?

• The Lupon Chairperson will determine the 3 members by drawing

lots to be distributed to the members of Pangkat.
After the Pangkat members have been
chosen, what will they do?

• They shall elect from among themselves a chairperson and a

secretary. The Lupon Secretary shall give/turn over all records of
the case to the Pangkat Secretary for the Pangkat to study.
Similar to the membership of Lupon, can the unfit
member/s of the Pangkat be disqualified also?

• Relationship, bias, interest of other similar grounds discovered

after the constitution of Pangkat can be grounds for
disqualification of Pangkat member. The Pangkat shall resolve the
matter by a majority vote. Its decision on this matter is final.
How does the Pangkat Proceed with its tasks?

• The Pangkat shall meet to hear both parties. Explore possibilities

for amicable settlement within 15 days which can be extended for
another 15 days in a meritorious case and issue subpoena of
witnesses whenever necessary.
Rules on Venue

• a. Where the parties reside in the same barangay, the dispute shall
be brought for settlement in said barangay;

• b. Where the parties reside in different barangay in the same city

or municipality, the dispute shall be settled in the barangay where
the respondent or any one of the respondents actually resides, at
the choice of the complainant;
Rules on Venue

• c. Dispute involving real property shall be brought for settlement

in the barangay where the real property or larger portion thereof
is situated;

• d. Dispute arising at the workplace where the 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;
Rules on Venue

• e. Any objection relating to venue shall be raised before the

Punong Barangay during the mediation proceedings before him.
Failure to do so shall be deemed a waiver of such objections; and

• f. Any legal question, which may confront the Punong Barangay in

resolving objections to venue herein referred to may be submitted
to the Secretary of Justice, or his duly designated representative,
whose ruling thereon shall be binding.
References

• https://en.wikipedia.org/wiki/Alfredo_Flores_Tadiar
• https://www.dilg.gov.ph/faqs/

• https://www.stetson.edu/other/writing-program/media/rubrictermpaper.pdf

• https://en.wikipedia.org/wiki/Katarungang_Pambarangay
• https://www.coursehero.com/file/48579107/Answers-to-the-Questions-on-Barangay-Justice-
Systemdocx/
• https://lawphil.net/judjuris/juri2012/jun2012/gr_183623_2012.html
• http://region5.dilg.gov.ph/attachments/article/182/
Related_Laws_Katarungang_Pambarangay_Handbook.pdf
• http://thelegallyinclined.blogspot.com/2011/06/lawyers-keep-out-katarungang.html
• Thank You!