Revised katarungang pambarangay law 2

REVISED KATARUNGANG REVISED KATARUNGANG PAMBARANGAY LAWPAMBARANGAY LAW

Sections 399-422, Chapter 7 Title One, Book IIISections 399-422, Chapter 7 Title One, Book IIIof RA No. 7160of RA No. 7160

ACP Lalia ACP Lalia

Brief Historical Background of the Brief Historical Background of the Katarungang PambarangayKatarungang Pambarangay

The concept of “Neighborhood paralegal The concept of “Neighborhood paralegal committee” was first advocated by committee” was first advocated by Supreme Court Chief Justice Fred Ruiz Supreme Court Chief Justice Fred Ruiz Castro in one of his speeches in 1976. Castro in one of his speeches in 1976. PD 1293 was issued creating a PD 1293 was issued creating a commission tasked to study the commission tasked to study the feasibility of instituting a system of feasibility of instituting a system of resolving disputes among family and resolving disputes among family and barangay members at the barangay barangay members at the barangay without recourse to the courts. without recourse to the courts.

The draft of the Katarungang The draft of the Katarungang Pambarangay Law was submitted to the Pambarangay Law was submitted to the President and this was signed into law President and this was signed into law on June 11, 1978 as Presidential Decree on June 11, 1978 as Presidential Decree 1508. The same was adopted by Batas 1508. The same was adopted by Batas Pambansa Blg. 337 or the 1983 Local Pambansa Blg. 337 or the 1983 Local Government Code. At present, the Government Code. At present, the establishment and operation of the establishment and operation of the Barangay Justice System is mandated Barangay Justice System is mandated by Sections 399-422, Chapter 7 Title by Sections 399-422, Chapter 7 Title One, Book III of Republic Act No. 7160 One, Book III of Republic Act No. 7160 or the Local Government Code of 1991. or the Local Government Code of 1991.

ObjectivesObjectives• Under the Barangay Justice System, Under the Barangay Justice System,

the main strategy for settling disputes the main strategy for settling disputes is to provide a venue for the disputing is to provide a venue for the disputing parties to search for a solution that is parties to search for a solution that is mutually acceptablemutually acceptable

• Assist the parties in discussing the Assist the parties in discussing the possible amicable settlement of their possible amicable settlement of their disputes.disputes.

• Do not act as judges or adjudicators of Do not act as judges or adjudicators of disputes but as facilitators for the disputes but as facilitators for the disputing parties’ discussion of possible disputing parties’ discussion of possible solutionssolutions

• Also, this is to provide a Also, this is to provide a screening process whereby screening process whereby only truly irreconcilable only truly irreconcilable disputes are filed before the disputes are filed before the court for adjudication. This court for adjudication. This would reduce the number of would reduce the number of cases reaching the courts and cases reaching the courts and thus increase the time which thus increase the time which judges may allocate to their judges may allocate to their cases.cases.

Constitution of the LuponConstitution of the Lupon• Appointment of Lupon is the Appointment of Lupon is the

sole prerogative of the sole prerogative of the Barangay CaptainBarangay Captain

• Does not require the approval, Does not require the approval, confirmation of the Barangay confirmation of the Barangay CouncilCouncil

• What if the Barangay Captain What if the Barangay Captain fails to constitute the Lupon?fails to constitute the Lupon?

• He can be charged for He can be charged for neglect of duty and be neglect of duty and be administratively liableadministratively liable

When to constitute the When to constitute the Lupon?Lupon?WITHIN FIFTEEN (WITHIN FIFTEEN (1515) DAYS FROM ) DAYS FROM

THE START OF THE TERM AS THE START OF THE TERM AS BARANGAY CAPTAIN, HE/SHE SHOULD BARANGAY CAPTAIN, HE/SHE SHOULD ISSUE A NOTICE TO CONSTITUTE THE ISSUE A NOTICE TO CONSTITUTE THE LUPON AND PREPARE THE LIST OF LUPON AND PREPARE THE LIST OF THE NAMES OF PROPOSED LUPON THE NAMES OF PROPOSED LUPON MEMBERS.MEMBERS.

Minimum of 10, Maximum of 20Minimum of 10, Maximum of 20

Qualifications of Lupon Qualifications of Lupon MembersMembers

ACTUAL RESIDENTS/ WORKING ACTUAL RESIDENTS/ WORKING IN THE BARANGAYIN THE BARANGAY

OF LEGAL AGE WITH THE OF LEGAL AGE WITH THE FOLLOWING QUALITIES:FOLLOWING QUALITIES:

INTEGRITY,INTEGRITY,IMPARTIALITY,IMPARTIALITY,INDEPENDENCE,INDEPENDENCE,FAIRNESS,FAIRNESS,REPUTATION FOR PROBITY,REPUTATION FOR PROBITY,PATIENCE,PATIENCE,RESOURCEFULNESS,RESOURCEFULNESS,OPEN-MINDEDNESSOPEN-MINDEDNESSFLEXIBILITYFLEXIBILITY

Disqualifications Disqualifications (Sec. 40 of the (Sec. 40 of the LGC)LGC)

• Those sentenced by final Those sentenced by final judgment for an offense judgment for an offense involving moral turpitude or for involving moral turpitude or for an offense punishable by One an offense punishable by One year or more or more, within year or more or more, within two years later after serving two years later after serving sentence. sentence.

• Those removed from office as a Those removed from office as a result of administrative case.result of administrative case.

Disqualifications . . .Disqualifications . . .

• Those convicted by final Those convicted by final judgment for violating the judgment for violating the oath of allegiance to the oath of allegiance to the Republic.Republic.

• Those with dual citizenship.Those with dual citizenship.• Fugitives from Justice in Fugitives from Justice in

criminal or non-political criminal or non-political cases here or abroad.cases here or abroad.

Disqualifications . . .Disqualifications . . .

• Those permanent residents Those permanent residents in a foreign country or in a foreign country or those who have acquired those who have acquired the right to reside abroad the right to reside abroad and continue to avail of the and continue to avail of the same right after the same right after the effectivity of the Local effectivity of the Local Government Code of 1991Government Code of 1991

• Insane or feeble-minded.Insane or feeble-minded.

Suitability of Lupon MembersSuitability of Lupon MembersSection 399, RA 7160Section 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 Suitability of Lupon Members...Members...

• POLICEMEN (Same as govt. employee)


• LAWYER – The prohibition against a lawyer is to act as a counsel to either of the parties to the case.



• 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.



• 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.


Appointment of Kagawad to the Appointment of Kagawad to the LuponLupon

The position of a Kagawad ng Sangguniang Barangay is an “Elective Position.”

“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 Steps to take after identifying the 10-20 members of the Lupon10-20 members of the Lupon

Barangay Secretary Shall: Barangay Secretary Shall: Prepare a notice to constitute the Lupon using Prepare a notice to constitute the Lupon using

the KATARUNGANG PAMBARANGAY (KP) Form 1the KATARUNGANG PAMBARANGAY (KP) Form 1Notice to be posted in the 3 Notice to be posted in the 3

conspicuous/strategic places in the barangayconspicuous/strategic places in the barangayTHE NOTICE SHALL CONTAIN AN INVITATION THE NOTICE SHALL CONTAIN AN INVITATION

TO ALL BARANGAY MEMBERS TO ENDORSE OR TO ALL BARANGAY MEMBERS TO ENDORSE OR OPPOSE THE PROPOSED APPOINTMENT OF ANY OPPOSE THE PROPOSED APPOINTMENT OF ANY

PERSONPERSON//S INCLUDED IN THE LISTS INCLUDED IN THE LIST..THE RECOMMENDATION SHALL BE MADE THE RECOMMENDATION SHALL BE MADE

WITHIN THE PERIOD OF POSTING FOR THREE WITHIN THE PERIOD OF POSTING FOR THREE

WEEKSWEEKS..

• MEMBER OF THE BARANGAY MEMBER OF THE BARANGAY CAN PROTEST OR RECOMMEND CAN PROTEST OR RECOMMEND SOMEBODY FROM THE SOMEBODY FROM THE BARANGAYBARANGAY

• 10 days after the last day of 10 days after the last day of posting, the Bgy. Captain shall posting, the Bgy. Captain shall put into writing the put into writing the appointment of the Lupon appointment of the Lupon members using KP Form 2, duly members using KP Form 2, duly signed by the captain and signed by the captain and attested by the Barangay attested by the Barangay Secretary. Secretary.

• The newly appointed Lupon members The newly appointed Lupon members will immediately take their oath will immediately take their oath before the Barangay Captain using before the Barangay Captain using KP Form 5KP Form 5After 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 OfficeSignificance of Oath of Office

• Upon appointment to a public Upon appointment to a public office, an officer is required to take office, an officer is required to take his oath of office whereby he his oath of office whereby he solemnly swears to support and solemnly swears to support and defend the constitution, bear true defend the constitution, bear true faith and allegiance to the same; faith and allegiance to the same; obey the laws, legal orders and obey the laws, legal orders and decrees promulgated by duly decrees promulgated by duly constituted authorities; and constituted authorities; and faithfully discharge to the best of faithfully discharge to the best of his ability the duties of the position his ability the duties of the position he will hold. he will hold. (City Mayor vs. CA, G.R. (City Mayor vs. CA, G.R. No. 80270,February 27, 1990)No. 80270,February 27, 1990)

Power to Appoint and RemovePower to Appoint and Remove

• Although it is the sole authority of Although it is the sole authority of the Barangay Captain to appoint the Barangay Captain to appoint members of the Lupon as he finds members of the Lupon as he finds him fit, withdrawal of appointment him fit, withdrawal of appointment of any member of the Lupon cannot of any member of the Lupon cannot be done by him without the be done by him without the concurrence of the majority of concurrence of the majority of members of the Lupon and only for members of the Lupon and only for valid grounds (valid grounds (not only majority of not only majority of the Lupon, who attended the the Lupon, who attended the meetingmeeting).).

(Sec 7, Rule IV, KPR)(Sec 7, Rule IV, KPR)

RECAP: Steps to constitute the RECAP: Steps to constitute the LuponLupon

• STEP 1: Determining the actual STEP 1: Determining the actual number of number of Lupon Lupon MembersMembers

• STEP 2: Preparing a notice to STEP 2: Preparing a notice to constitute the constitute the LuponLupon

• STEP 3: Posting the notice to STEP 3: Posting the notice to constitute the constitute the LuponLupon

• STEP 4: Appointment of STEP 4: Appointment of Lupon Lupon MembersMembers

• STEP 5: Oath taking of STEP 5: Oath taking of Lupon Lupon membersmembers

• STEP 6: PostingSTEP 6: Posting

Term of OfficeTerm of Office• 3 years3 years• UNLESS TERMINATED UNLESS TERMINATED

– BY DEATH,BY DEATH,– RESIGNATION, TRANSFER OF RESIGNATION, TRANSFER OF

RESIDENCE OR PLACE OF WORK,RESIDENCE OR PLACE OF WORK,– WITHDRAWAL OF APPOINTMENT WITHDRAWAL OF APPOINTMENT

BY THE BARANGAY CAPTAIN. BY THE BARANGAY CAPTAIN. HOWEVER, THE WITHDRAWAL HOWEVER, THE WITHDRAWAL SHOULD BE CONCURRED WITH A SHOULD BE CONCURRED WITH A MAJORITY OF ALL THE MEMBERS MAJORITY OF ALL THE MEMBERS OF LUPONOF LUPON

(see KP Form 6)(see KP Form 6)

Compensation / BenefitsCompensation / Benefits• Lupon members shall serve without Lupon members shall serve without

compensationcompensation– If the Barangay has enough funds, If the Barangay has enough funds,

HONORARIA may be givenHONORARIA may be given• COMMISSION ON HIGHER EDUCATION COMMISSION ON HIGHER EDUCATION

((CHEDCHED) ) ORDER ORDER 62 62 SERIES OF SERIES OF 19971997• TWO DAUGHTERS OR SONS OF A TWO DAUGHTERS OR SONS OF A

LUPON MEMBER ARE QUALIFIED TO LUPON MEMBER ARE QUALIFIED TO BECOME A STATE SCHOLAR IN BECOME A STATE SCHOLAR IN TERTIARY EDUCATION TO ANY STATE TERTIARY EDUCATION TO ANY STATE COLLEGES OR UNIVERSITIESCOLLEGES OR UNIVERSITIES

Basic ConcernsBasic Concerns• The Dispute will be settled in the The Dispute will be settled in the

barangay where the RESPONDENT barangay where the RESPONDENT or any of the RESPONDENTS in the or any of the RESPONDENTS in the Barangay residesBarangay resides

• CHOICE/OPTION of the complainantCHOICE/OPTION of the complainant• What if any of the involved parties What if any of the involved parties

is incompetent or a minor?is incompetent or a minor?• He/She should be represented by a He/She should be represented by a

legal guardian or next of kin who is legal guardian or next of kin who is NOT A LAWYER.NOT A LAWYER.

Basic Concerns . . .Basic Concerns . . .• A juridical person like a A juridical person like a

corporation or cooperative corporation or cooperative cannot file a complaintcannot file a complaint

• Any case involving a Any case involving a cooperative or people’s cooperative or people’s organization can go directly organization can go directly to court without going to court without going through mediation or through mediation or conciliationconciliation

Subject Matter of Amicable Subject Matter of Amicable SettlementSettlement

• The lupon of each barangay shall The lupon of each barangay shall have authority to bring together have authority to bring together the parties actually residing in the the parties actually residing in the same city or municipality for same city or municipality for amicable settlement of all amicable settlement of all disputes, except .. disputes, except ..

(Section 48)(Section 48)

Exceptions:Exceptions:• Where one party is the Where one party is the

government, or any subdivision government, or any subdivision or instrumentality thereof;or instrumentality thereof;

• When one party is a public officer When one party is a public officer or employee, and the dispute or employee, and the dispute relates to the performance of his relates to the performance of his official functions;official functions;

• Offenses punishable by Offenses punishable by imprisonment exceeding One (1) imprisonment exceeding One (1) Year or a fine exceeding Year or a fine exceeding Php5,000.00; Php5,000.00;

Exceptions...Exceptions...

• Where the dispute involves real Where the dispute involves real properties located in different cities or properties located in different cities or municipalities unless the parties municipalities unless the parties thereto agree to submit their thereto agree to submit their differences to amicable settlement by differences to amicable settlement by an appropriate lupon;an appropriate lupon;

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


• Such other classes of disputes which Such other classes of disputes which the President determines in the the President determines in the interest of justice or upon the interest of justice or upon the recommendation of the Secretary of recommendation of the Secretary of Justice.Justice.

a.a. Criminal Cases where respondent is under Criminal Cases where respondent is under Police Custody;Police Custody;

b.b. Petition for Habeas Corpus;Petition for Habeas Corpus;

c.c. Actions coupled with provisional remedies Actions coupled with provisional remedies such as injunction, attachment, delivery of such as injunction, attachment, delivery of personal property and support during personal property and support during pendency of the case;pendency of the case;

d.d. Actions barred by Statute of Limitations.Actions barred by Statute of Limitations.


• Where the dispute arises from Where the dispute arises from CARL.CARL.

• Labor disputes or controversies Labor disputes or controversies arising from employer-employee arising from employer-employee relations.relations.

• Actions to annul judgment upon a Actions to annul judgment upon a compromise, which may be filed compromise, which may be filed directly with the court. directly with the court. (Sanchez vs. (Sanchez vs. Tupaz, 158 SCRA 459)Tupaz, 158 SCRA 459)

• Offenses where there is no private Offenses where there is no private offended partyoffended party

Exceptions...Exceptions... The court in which The court in which

non-criminal cases non-criminal cases not falling under the not falling under the authority of the Lupon , authority of the Lupon , at any time before trial, at any time before trial, motu propio, motu propio, refer the refer the case to the lupon case to the lupon concerned for amicable concerned for amicable settlement.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 …

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 hp200.00 (Art. 315)

m. Other forms of swindling (Art. 316)

n. Swindling a Minor (Art. 317)

Offenses …

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 . . .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)

cc. Discovering secrets through seizure of correspondence (Art. 290)

VENUEVENUE• Actual Residents of the same Actual Residents of the same

Barangay – Lupon of said barangay;Barangay – Lupon of said barangay;• Actual Residents of different Actual Residents of different

barangays within the same city or barangays within the same city or municipality – Where the respondent municipality – Where the respondent or any of the respondents actually or any of the respondents actually resides, at the election of the resides, at the election of the complainant;complainant;

• Dispute involving Real Property or Dispute involving Real Property or interest thereon – Where Real Poperty interest thereon – Where Real Poperty or bigger portion thereof is locatedor bigger portion thereof is located

VENUE ...VENUE ...• Those arising at the Those arising at the

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

RECAP on Exempted Cases : RECAP on Exempted Cases :

Offenses involving government Offenses involving government entity;entity;

One party is a public One party is a public Officer/Employee – dispute relates to Officer/Employee – dispute relates to performance of official functionsperformance of official functions

Offenses with maximum penalty of Offenses with maximum penalty of 1 year or a fine 1 year or a fine exceeding(Php5,000.00;exceeding(Php5,000.00;

Offenses with no private offended Offenses with no private offended party;party;

Real properties in different cities or Real properties in different cities or municipalities; disputes that need municipalities; disputes that need urgent legal action; AGRARIAN and urgent legal action; AGRARIAN and LABOR disputes; and action to annul LABOR disputes; and action to annul a judgment upon a compromisea 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)

MEDIATIONMEDIATION

Basic steps in handling cases by the Basic steps in handling cases by the Barangay CaptainBarangay Captain

• Explain the process and objectives of Explain the process and objectives of mediation & the rules to be observedmediation & the rules to be observed

• Give each party to explain their side Give each party to explain their side without interruption from the other partywithout interruption from the other party

• Ask questions and involve both parties in Ask questions and involve both parties in looking for a solutionlooking for a solution

• REMEMBER:REMEMBER:– Barangay Captain is not a judge but a Barangay Captain is not a judge but a

mediatormediator– Let both parties find a solution to their Let both parties find a solution to their

disputedispute

STEP 1: Filing of the caseSTEP 1: Filing of the caseComplainant with the help of the Complainant with the help of the

secretary will fill up KP FORM 7secretary will fill up KP FORM 7Minimal filing feeMinimal filing feePERSONAL CONFRONTATION is PERSONAL CONFRONTATION is

requiredrequired

NO INDIVIDUAL CAN GO DIRECTLY NO INDIVIDUAL CAN GO DIRECTLY TO COURT / GOV’T OFFICE FOR TO COURT / GOV’T OFFICE FOR ADJUDICATION OF HIS/HER ADJUDICATION OF HIS/HER DISPUTE WITH ANOTHER DISPUTE WITH ANOTHER INDIVIDUAL ESPECIALLY OF THE INDIVIDUAL ESPECIALLY OF THE MATTER IS WITHIN THE KP MATTER IS WITHIN THE KP JURISDICTIONJURISDICTION

STEP 2STEP 2• Within 3 days from receipt of Within 3 days from receipt of

the complaint and payment of the complaint and payment of the filing feethe filing fee– Issue a NOTICE OF HEARING TO Issue a NOTICE OF HEARING TO

THE COMPLAINANTTHE COMPLAINANT– Issue SUMMONS/SUBPOENA TO Issue SUMMONS/SUBPOENA TO

THE RESPONDENT THE RESPONDENT – BOTH shall appear at the BOTH shall appear at the

BARANGAY CAPTAIN’S OFFICEBARANGAY CAPTAIN’S OFFICE

Appearance of the PartiesAppearance of the PartiesAppearance shall be in person.Appearance shall be in person.Parties shall not be represented Parties shall not be represented

by counsel. by counsel. Representative or Attorney-in-Representative or Attorney-in-

fact (fact (even armed with an SPAeven armed with an SPA) ) may not appear before the may not appear before the Lupon.Lupon.

Appearance thru a Appearance thru a representative is tantamount to representative is tantamount to non-appearance of a party.non-appearance of a party.

Only minors or incompetents Only minors or incompetents may be assisted by their next-of-may be assisted by their next-of-kin, who is not a lawyer.kin, who is not a lawyer.

Appearance of the Appearance of the PartiesPartiesThe BARANGAY CAPTAIN SHALL The BARANGAY CAPTAIN SHALL

NOT RESOLVE THE CASE.NOT RESOLVE THE CASE.The BARANGAY CAPTAIN The BARANGAY CAPTAIN WILL WILL

HELP HELP THEM RESOLVE THE CASETHEM RESOLVE THE CASEBARANGAY CAPTAINBARANGAY CAPTAIN

MediatorMediatorHelp them find the solution to their Help them find the solution to their

problem within problem within FIFTEEN (15) FIFTEEN (15) DAYSDAYS..

IF THE RESPONDENT DOES NOT IF THE RESPONDENT DOES NOT APPEAR:APPEAR:The case shall be referred to the The case shall be referred to the

PANGKAT NG TAGAPAGSUNDOPANGKAT NG TAGAPAGSUNDO

What if any of the parties fail to What if any of the parties fail to appear?appear?

• Complainant fails to appear Complainant fails to appear WITHOUT justifiable causeWITHOUT justifiable cause– DISMISS THE COMPLAINTDISMISS THE COMPLAINT– Cannot file a case in courtCannot file a case in court– Can be punished for indirect Can be punished for indirect

contempt of courtcontempt of court

• Respondent fails to appear Respondent fails to appear WITHOUT justifiable causeWITHOUT justifiable cause– His/her counterclaim will be His/her counterclaim will be

dismissed and he will be barred from dismissed and he will be barred from filing in court and be punished for filing in court and be punished for indirect contempt of courtindirect contempt of court

Conciliation among members of Conciliation among members of indigenous cultural communitiesindigenous cultural communities

The customs and traditions The customs and traditions of indigenous cultural of indigenous cultural communities shall be communities shall be applied in settling disputes applied in settling disputes between members of the between members of the cultural communities.cultural communities.

Proceedings open to the public, Proceedings open to the public, exception...exception...

• All proceedings for settlement shall be All proceedings for settlement shall be public and informal; Provided, however that public and informal; Provided, however that the Lupon chairman or the Pangkat the Lupon chairman or the Pangkat chairman, as the case may be, may chairman, as the case may be, may motu motu propio propio or or upon request of a partyupon request of a party, , exclude the public from the proceedings in exclude the public from the proceedings in the interest of the interest of privacy, decency, or privacy, decency, or public moralspublic morals..


Power to administer oathsPower to administer oaths

• The Punong Barangay, as Chairman The Punong Barangay, as Chairman of the Lupong Tagapamayapa, and of the Lupong Tagapamayapa, and the members of the Pangkat are the members of the Pangkat are authorized to administer oaths in authorized to administer oaths in connection with any matter relating connection with any matter relating to all proceedings in the to all proceedings in the implementation of the Katarungang implementation of the Katarungang Pambarangay.Pambarangay.


If parties agree to a If parties agree to a settlement/compromisesettlement/compromise

• In writingIn writing• In a language or dialect known to In a language or dialect known to

partiesparties• NOT TO BE DRAFTED BY A LAWYER NOT TO BE DRAFTED BY A LAWYER

AND BROUGHT TO HOMES OF THE AND BROUGHT TO HOMES OF THE PARTIES FOR THEIR SIGNATURES PARTIES FOR THEIR SIGNATURES AND NOT HAVE IT NOTARIZED BY A AND NOT HAVE IT NOTARIZED BY A NOTARY PUBLIC/LAWYERNOTARY PUBLIC/LAWYER

• IT SHOULD BE DRAFTED AT THE IT SHOULD BE DRAFTED AT THE BARANGAY HALL AND NO WHERE BARANGAY HALL AND NO WHERE ELSEELSE

How can we be ensured that How can we be ensured that the Agreement will be the Agreement will be complied?complied?

• After TEN (10) days, the settlement After TEN (10) days, the settlement will be executory and HAS THE FORCE will be executory and HAS THE FORCE AND EFFECT OF A DECISION OF A AND EFFECT OF A DECISION OF A COURT, unless repudiation of the COURT, unless repudiation of the settlement has been made or a settlement has been made or a Petition to nullify the award (In case Petition to nullify the award (In case of Arbitration) has been filed before of Arbitration) has been filed before the proper city or municipal court.the proper city or municipal court.

What if one of the parties was forced to What if one of the parties was forced to come up with a settlement through fraud come up with a settlement through fraud

or intimidation?or intimidation?

• Any party can protest the Any party can protest the settlement within TEN settlement within TEN DAYS.DAYS.

• AFTER TEN DAYS, the AFTER TEN DAYS, the settlement will take EFFECTsettlement will take EFFECT

How can the Respondent How can the Respondent Comply with the Settlement?Comply with the Settlement?

• He/she can voluntarily comply within He/she can voluntarily comply within FIVE (5) DAYS from hearing of the FIVE (5) DAYS from hearing of the Motion for Execution filed by Motion for Execution filed by complainant,complainant,Sec 5, Rule VII, IRR on KPR.Sec 5, Rule VII, IRR on KPR.

• After lapse of the 5-day voluntary After lapse of the 5-day voluntary compliance without the respondent compliance without the respondent settling his obligation, the Barangay settling his obligation, the Barangay Captain issues NOTICE OF Captain issues NOTICE OF EXECUTION in the name of the EXECUTION in the name of the Lupong Tagapamayapa.Lupong Tagapamayapa.

E x e c u t i o n

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.

Procedure for Execution

a. Payment of Money - Party obliged to pay is given five (5) days to make voluntary payment.

Failure to pay – Punong Barangay shall take possession of sufficient personal property located in the barangay to satisfy the settlement or award. Party obliged to pay is allowed to point out which of them shall be taken ahead of others.

SALE – thru Public Auction

Execution … Auction Sale

a.1. Perishable Property – Posting of notice of the time and place in 3 public places within the barangay for not less than 24 hours prior to the sale.

a.2. Other Personal Property – Posting – for not less than 5 days nor more than 10 days.

Execution …

2. Delivery/Restitution of property located within the barangay – The Punong Barangay shall oust thereform the person against whom the settlement or award is rendered and place the party entitled thereto in possession of such property.

Execution …

3.Delivery/Restitution of property located in another barangay – The Punong Barangay shall authorize the Punong Barangay of that Barangay where the property is situated to take possession of said property and place in possession the party entitled thereto.

Execution …

4. If settlement or award directs a party to execute a conveyance of land, or to deliver deeds or other documents, or to perform any other specific act and the party fails to comply within the time specified, the Punong Barangay may direct the Lupon Secretary to perform the act at the cost of the disobedient party and the act when so done shall have like effects as if done by the party.

Property Exempt from Execution

a. Debtor’s FAMILY HOME.

b. TOOLS and IMPLEMENTS necessary used by him in his trade or employment.

c. 2 horses, or 2 cows, or 2 carabaos or other beasts of burden, as the debtor may select, and necessary used by him in his occupation.

d. His necessary CLOTHINGS and that of his family.

e. Household furniture and utensils necessary for housekeeping.

Execution …

f. Provisions for individuals or family use sufficient for 4 months.

g. Professional libraries of Attorneys, Judges, Physicians, Pharmacists, Dentists, Engineers, Surveyors, Clergymen, Teachers, and other professionals.

h. One (1) fishing boat, net and other fishing paraphernalia of the party obliged, who is a fisherman.

Execution …i. 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. Proceeds from Life Insurance not exceeding Php100,000.00.

k. Right to receive legal support or money or property obtained as such support, or any pension or gratuity from the government.

l. Lettered Gravestone.

m. Copyrights and other properties especially exempted by law.

If MEDIATION before the BARANGAY If MEDIATION before the BARANGAY CAPTAIN FAILSCAPTAIN FAILS

• The parties cannot yet elevate their case The parties cannot yet elevate their case to courtto court

• The parties still have to go through The parties still have to go through conciliation proceedingsconciliation proceedings– Barangay Captain TO CONSTITUTE the Barangay Captain TO CONSTITUTE the

PANGKAT NG TAGAPAGSUNDO within FIFTEEN PANGKAT NG TAGAPAGSUNDO within FIFTEEN (15) DAYS from the last day of MEDIATION (15) DAYS from the last day of MEDIATION PROCEEDINGS.PROCEEDINGS.

• Is CONCILIATION = MEDIATION?Is CONCILIATION = MEDIATION?– The process is the same, except that The process is the same, except that

MEDIATION is done by the Barangay Captain, MEDIATION is done by the Barangay Captain, while CONCILIATION is done by the PANGKAT while CONCILIATION is done by the PANGKAT headed by a CHAIRPERSON.headed by a CHAIRPERSON.

CONCILIATIONCONCILIATION

What is CONCILIATION (before the What is CONCILIATION (before the Pangkat)?Pangkat)?

• Conciliation is merely Conciliation is merely INTERVENING between TWO OR INTERVENING between TWO OR MORE Contending parties in order MORE Contending parties in order to prevent or put an end to a to prevent or put an end to a dispute with an agreement to dispute with an agreement to abide by the decision of the abide by the decision of the conciliatorconciliator

• Who are members of the Who are members of the PANGKAT?PANGKAT?

• 3 MEMBERS shall come from the 3 MEMBERS shall come from the LUPON and chosen by the LUPON and chosen by the Complainant and RespondentComplainant and Respondent

What if the parties fail to agree on the What if the parties fail to agree on the Pangkat Membership?Pangkat Membership?• The Barangay Captain will determine the The Barangay Captain will determine the

THREE MEMBERS by drawing lots to be THREE MEMBERS by drawing lots to be distributed to the members of the distributed to the members of the PangkatPangkat

• After they have been chosen, the After they have been chosen, the Pangkat Members shall Choose Among Pangkat Members shall Choose Among themselvesthemselves– A ChairpersonA Chairperson– SecretarySecretary

• The LUPON SECRETARY shall The LUPON SECRETARY shall turn over the case to the turn over the case to the PANGKAT SECRETARY for the PANGKAT SECRETARY for the Pangkat to studyPangkat to study

Disqualifications OF A Pangkat Disqualifications OF A Pangkat MemberMember

Vacancy in the PangkatVacancy in the Pangkat

Procedure before the Procedure before the PangkatPangkat

• The Pangkat shall meet to The Pangkat shall meet to hear both partieshear both parties

• Explore possibilities for Explore possibilities for Amicable Settlement within Amicable Settlement within FIFTEEN DAYS FIFTEEN DAYS – Can be extended for another Can be extended for another

FIFTEEN DAYSFIFTEEN DAYS

• Issue Subpoena of a witness Issue Subpoena of a witness whenever necessarywhenever necessary

• If the PANGKAT If the PANGKAT CHAIRPESON finds after CHAIRPESON finds after hearing that the failure to hearing that the failure to appear of the appear of the COMPLAINANT is without COMPLAINANT is without justifiable reason, he shall:justifiable reason, he shall:

What happens is the Pangkat is What happens is the Pangkat is successful in the Conciliation?successful in the Conciliation?An amicable settlement shall be put An amicable settlement shall be put

into writing in a dialect / language into writing in a dialect / language known to themknown to them

ATTESTED TO BY THE LUPON ATTESTED TO BY THE LUPON CHAIRMAN / PANGKAT CHAIRMANCHAIRMAN / PANGKAT CHAIRMAN

It has the force and effect of a final It has the force and effect of a final judgment in court after TEN DAYS from judgment in court after TEN DAYS from the date the Amicable settlement was the date the Amicable settlement was made, UNLESS a protest or repudiation made, UNLESS a protest or repudiation of the settlment was made.of the settlment was made.

The Pangkat Secretary shall prepare a The Pangkat Secretary shall prepare a transmittal of the settlement to the transmittal of the settlement to the appropriate court & fills up a transmittal appropriate court & fills up a transmittal formform

What if the settlement was affected What if the settlement was affected adversely by fraud, violence, adversely by fraud, violence,

intimidation, etc.,intimidation, etc.,The parties can repudiate the The parties can repudiate the

settlement within TEN DAYS from the settlement within TEN DAYS from the date of filing with the Lupon Chairman date of filing with the Lupon Chairman or Pangkat a statement to that effect or Pangkat a statement to that effect sworn before him.sworn before him.

Failure to repudiate the settlement Failure to repudiate the settlement within a TEN DAY period shall be within a TEN DAY period shall be deemed a waiver of the right to deemed a waiver of the right to challenge on said grounds.challenge on said grounds.

How can the Amicable How can the Amicable Settlement before the Pangkat Settlement before the Pangkat be executedbe executed

How can the settlement be How can the settlement be actually executed?actually executed?

• Within SIX MONTHS from date the Within SIX MONTHS from date the settlement was agreed uponsettlement was agreed upon

• The disputant must file a Motion for The disputant must file a Motion for Execution with the Barangay CaptainExecution with the Barangay Captain

• The Barangay Captain conducts a hearing The Barangay Captain conducts a hearing on the date assigned by the Movant. on the date assigned by the Movant.

• The date shall not be later than FIVE DAYS The date shall not be later than FIVE DAYS from the filing of the motionfrom the filing of the motion

What happens during the hearing?What happens during the hearing?• The Barangay Captain shall ascertain The Barangay Captain shall ascertain

the facts for the NON-COMPLIANCE of the facts for the NON-COMPLIANCE of the settlement and STRONGLY the settlement and STRONGLY ENCOURAGE the party obliged to ENCOURAGE the party obliged to COMPLY WITH THE SETTLEMENT.COMPLY WITH THE SETTLEMENT.

• After the lapse of FIVE DAYS with no After the lapse of FIVE DAYS with no voluntary compliance, the Barangay voluntary compliance, the Barangay Captain shall issue a NOTICE OF Captain shall issue a NOTICE OF EXECUTION.EXECUTION.

RECAPRECAP• What are the ways of What are the ways of

resolving conflicts within our resolving conflicts within our barangay?barangay?– MEDIATION through the Office MEDIATION through the Office

of the Barangay Captainof the Barangay Captain– CONCILIATION through the CONCILIATION through the

PANGKATPANGKAT

– At any stage of these two ways At any stage of these two ways of resolving conflicts, another of resolving conflicts, another way of resolving cases under way of resolving cases under your jurisdiction is the process your jurisdiction is the process of of ARBITRATIONARBITRATION..

ARBITRATIONARBITRATION

Definition of ArbitrationDefinition of Arbitration• Another way of settling Another way of settling

disputes wherein the parties disputes wherein the parties agree to be bound by a agree to be bound by a decision of a third person or decision of a third person or body in place of a regularly body in place of a regularly organized tribunalorganized tribunal

ArbitrationArbitration• Can take place at any stage Can take place at any stage

of the proceedings as long as of the proceedings as long as both parties agree in writing both parties agree in writing to abide by the arbitration to abide by the arbitration award of the LUPON or the award of the LUPON or the PANGKAT.PANGKAT.– Who can act as ARBITRATORS?Who can act as ARBITRATORS?

• LUPON CHAIRPERSONLUPON CHAIRPERSON

• BARANGAY CAPTAINBARANGAY CAPTAIN

• PANGKAT CHAIRPERSONPANGKAT CHAIRPERSON

What happens in Arbitration?What happens in Arbitration?Lupon Chairperson/Pangkat assists the Lupon Chairperson/Pangkat assists the

parties in defining the issues & exploring parties in defining the issues & exploring solutions to develop a mutually acceptable solutions to develop a mutually acceptable settlementsettlement

The Lupon Chairperson/Pangkat is given The Lupon Chairperson/Pangkat is given the POWER TO RENDER DECISIONS on the the POWER TO RENDER DECISIONS on the dispute with a prior agreement of the dispute with a prior agreement of the parties to be bound by it.parties to be bound by it.

The parties shall present evidence as to The parties shall present evidence as to the facts and merits of the case to the the facts and merits of the case to the arbitrator.arbitrator.On the basis of these facts, the On the basis of these facts, the

arbitrator makes a decision on what he arbitrator makes a decision on what he believes to be fair or justbelieves to be fair or just

The Arbitrator must be NEUTRAL & The Arbitrator must be NEUTRAL & IMPARTIAL in making the decision which IMPARTIAL in making the decision which must be suitable to the disputing parties.must be suitable to the disputing parties.

StepsStepsFiling of the complaint with the OFFICE OF Filing of the complaint with the OFFICE OF

THE BARANGAY CAPTAIN and payment of THE BARANGAY CAPTAIN and payment of the Filing Fee.the Filing Fee.

IF parties agree to submit themselves to IF parties agree to submit themselves to arbitration process at ANY STAGE of the arbitration process at ANY STAGE of the mediation/conciliation, the conduct of an mediation/conciliation, the conduct of an ARBITRATION HEARING can take place ARBITRATION HEARING can take place immediatelyimmediatelyAfter filling up the agreement, the After filling up the agreement, the

parties are given FIVE DAYS to withdraw parties are given FIVE DAYS to withdraw from such an agreement by filling up a from such an agreement by filling up a sworn statement stating his/her reasons sworn statement stating his/her reasons that such agreement was obtain through that such agreement was obtain through fraud, violence, and intimidation (if such fraud, violence, and intimidation (if such is the case).is the case).

Is there a need to proceed with Is there a need to proceed with the the case in the Lupon if such case in the Lupon if such circumstances are present?circumstances are present?

• NO.NO.• Forward the case to court by issuing Forward the case to court by issuing

a CERTIFICATE TO FILE ACTION a CERTIFICATE TO FILE ACTION • IF THERE IS NO REPUDIATION?IF THERE IS NO REPUDIATION?

– Proceeding to hear their caseProceeding to hear their case– Set the case for hearingSet the case for hearing– Parties to be officially notified of Parties to be officially notified of

the hearing through a NOTICE OF the hearing through a NOTICE OF HEARING and SUMMONS.HEARING and SUMMONS.

What if any of the parties fail to What if any of the parties fail to appear?appear?

• Apply the same procedure in Apply the same procedure in MEDIATION or CONCILIATION for the MEDIATION or CONCILIATION for the unreasonable neglect of the unreasonable neglect of the COMPLAINANT / RESPONDENTCOMPLAINANT / RESPONDENT

• COMPLAINANT’s absence is unjustified COMPLAINANT’s absence is unjustified and willfuland willful– Complaint is outrightly dismissedComplaint is outrightly dismissed– Barred from filing the action in courtBarred from filing the action in court

• RESPONDENT’s absence is unjustified RESPONDENT’s absence is unjustified and willfuland willful– Issue a CERTIFICATE TO FILE ACTION Issue a CERTIFICATE TO FILE ACTION

and CERTIFICATE TO BAR and CERTIFICATE TO BAR COUNTERCLAIM in favor of the COUNTERCLAIM in favor of the ComplainantComplainant

If parties are Present, how does If parties are Present, how does one conduct the Arbitration?one conduct the Arbitration?

• Conduct hearing in the manner of a court or Conduct hearing in the manner of a court or adjudicative trialadjudicative trial

• Complainant and respondent will present their Complainant and respondent will present their respective case and submit all their necessary respective case and submit all their necessary evidenceevidence

• THE LUPON CHAIRPERSON / PANGKAT will then THE LUPON CHAIRPERSON / PANGKAT will then issue a resolution based on the merits of the issue a resolution based on the merits of the case, testimony of the witnesses and the case, testimony of the witnesses and the evidence presentedevidence presented

• ARBITRATION AWARDARBITRATION AWARD– Just like an amicable settlement put into Just like an amicable settlement put into

writing etc. attested to by the Lupon or the writing etc. attested to by the Lupon or the Pangkat ChairpersonPangkat Chairperson

Time to render decisionTime to render decision• FIFTEEN DAYS but not earlier than FIFTEEN DAYS but not earlier than

SIX DAYS from the date of last SIX DAYS from the date of last hearing to evaluate and issue the hearing to evaluate and issue the ARBITRATION AWARDARBITRATION AWARD

• Within FIVE DAYS, the Secretary Within FIVE DAYS, the Secretary shall furnish a copy of the shall furnish a copy of the Arbitration Award to the PartiesArbitration Award to the Parties

• Keep a file at the LUPON OFFICE Keep a file at the LUPON OFFICE and be sure to furnish a copy to and be sure to furnish a copy to the City/Municipality Courtthe City/Municipality Court

How shall the Arbitration Award How shall the Arbitration Award take effect?take effect?

• Parties are given TEN DAYS to Parties are given TEN DAYS to nullify the decisionnullify the decision

• After TEN DAYS, the decision After TEN DAYS, the decision becomes final and executorybecomes final and executory

• HOW TO EXECUTE THE AWARD?HOW TO EXECUTE THE AWARD?• In the same manner that In the same manner that

MEDIATION / CONCILIATION MEDIATION / CONCILIATION Settlements are executedSettlements are executed

SCHOLARSHIPSCHOLARSHIP• CHED ORDER 62CHED ORDER 62• Guidelines Implementing the Study Guidelines Implementing the Study

Grant Program for Barangay Officials Grant Program for Barangay Officials and their Legitimate Dependentsand their Legitimate Dependents

• WHO ARE QUALIFIED?WHO ARE QUALIFIED?– Not more than 21 years of ageNot more than 21 years of age– Highschool graduate with an Highschool graduate with an

average of 80%average of 80%– Passed the entrance exam in a Passed the entrance exam in a

State College or UniversityState College or University– Income of parents must not Income of parents must not

exceed PHP72,000.00 ANNUALLY. exceed PHP72,000.00 ANNUALLY.

DOCUMENTARY REQUIREMENTSDOCUMENTARY REQUIREMENTS• Certification from the OFFICE OF Certification from the OFFICE OF

THE MAYOR that the applicant is THE MAYOR that the applicant is a child of the barangay officiala child of the barangay official

• NSO Birth Certificate, High School NSO Birth Certificate, High School Report CardReport Card

• Entrance Exams resultEntrance Exams result• Income Tax ReturnIncome Tax Return• Certificate of Good Moral Certificate of Good Moral

Character from the Principal or Character from the Principal or Guidance CouncilorGuidance Councilor

Conditions for the AssistanceConditions for the Assistance• The grantee or the child of the LUPON The grantee or the child of the LUPON

will carry a FULL SEMESTRAL LOAD will carry a FULL SEMESTRAL LOAD EVERY SEMESTER.EVERY SEMESTER.

• Finish his/her course in the prescribed Finish his/her course in the prescribed duration and will maintain at least a duration and will maintain at least a passing grade in all his/her subjects.passing grade in all his/her subjects.

• OTHER CONDITIONSOTHER CONDITIONS– The applicant must not be enjoying The applicant must not be enjoying

any study grant at the time of the any study grant at the time of the applicationapplication

– Only two children of the Lupon Only two children of the Lupon Member are allowed for a given Member are allowed for a given term.term.

• Shifting of course may be allowed Shifting of course may be allowed after getting the approval from the after getting the approval from the registrarregistrar

• CAN THE SCHOLARSHIP BE CAN THE SCHOLARSHIP BE TERMINATED?TERMINATED?

• Grantee has failed in the subjectsGrantee has failed in the subjects• Falsified his/her recordsFalsified his/her records• Transferred to another school Transferred to another school

without the approval of the registrarwithout the approval of the registrar• Joined or participated in subversive Joined or participated in subversive

organizations/activitesorganizations/activites• No available funds for the No available funds for the

scholarshipscholarship

• Hurry and see if the nearest state Hurry and see if the nearest state college/university has a scholarship college/university has a scholarship program under CHED ORDER #62 and program under CHED ORDER #62 and bring the aforementioned items in the list bring the aforementioned items in the list of requirementsof requirements

• FundingFunding– State colleges and universities State colleges and universities

concerned are required to incorporate concerned are required to incorporate in their budget program the necessary in their budget program the necessary funds to support the expenses of the funds to support the expenses of the beneficiaries as provided for beneficiaries as provided for in CHED in CHED ORDER #62ORDER #62

Annual Search for the Outstanding Lupong

Tagapamayapa

• How to enterHow to enter• Join selection process at Join selection process at

the City/Municipal levelthe City/Municipal level

1st CRITERIA

22ndnd Criteria Criteria• Resourcefulness / creativity of Resourcefulness / creativity of

the Conciliators/Mediatorsthe Conciliators/Mediators– Can be seen through the Can be seen through the

records / minutes made by the records / minutes made by the LUPON SECRETARYLUPON SECRETARY

– Evaluators will be able to know Evaluators will be able to know the innovative technique and the innovative technique and skills of the skills of the conciliators/mediators and the conciliators/mediators and the coordination made with coordination made with appropriate agencies like the appropriate agencies like the PNP or the Municipal Trial PNP or the Municipal Trial Court in CitiesCourt in Cities

33rdrd Criteria Criteria

Thank youThank you

for attending this Sessionfor attending this Session

and and

Good Luck!Good Luck!

Education

Revised katarungang pambarangay law 2