Katarungang Pambarangay

Katarungang PambarangayTitle III, Book I, Chapter VII

Local Government Code

Report by: Jesselle Infante Maminta

LLB 1-5

Lupong Tagapamayapa

composed of punong barangay, as

chairman, and 10-20 members

shall be constituted every three years

(Sec. 399[a])

Who can become a member of the

Lupon? (Sec. 399[b]) any person actually residing or working in

the barangay

not expressly disqualified by law

possessing integrity, impartiality,

independence of mind, sense of fairness,

and reputation for probity

Selection Process

a notice to constitute the Lupon shall be prepared by the punong barangay within 15 days from the start of his term of office

notice will include names of proposed members who have expressed their willingness to serve

shall be posted in three conspicuous places in the barangay continuously for not less than three weeks.

(Sec. 399[c])

Selection Process

the punong barangay shall appoint the

members within ten days thereafter,

taking in consideration any opposition or

recommendation for appointment made

within the posting period.

appointment shall be in writing, signed by

the punong barangay and attested to by

the barangay secretary.

(Sec. 399[d])

Selection Process

the list of appointed members shall be posted in three conspicuous places in the barangay for the entire duration of their term of office (Sec. 399[e])

in barangays where majority of inhabitants are members of indigenous cultural communities, local systems of settling disputes through their councils of datus or elders shall be recognized without prejudice to the applicable provisions of LGC (Sec. 399[f])

Oath and Term of Office (Sec. 400)

upon appointment, each member shall take an oath before the punong barangay

he shall hold office until a new Lupon is constituted three years after his appointment

unless sooner terminated by:

- resignation

- transfer of residence or place of work

- withdrawal of appointment by the punongbarangay with the concurrence of the majority of all the members of the Lupon

Vacancies (Sec. 401)

the punong barangay shall immediately

appoint a qualified person who shall hold

office only on the remaining portion of

the term

Functions of the Lupon (Sec. 402)

administrative supervision

monthly forum with the public to discuss

matters on improving the settlement and

resolution of disputes

other duties as prescribed by law or

ordinance

Secretary of the Lupon (Sec. 403)

barangay secretary shall act as secretary of Lupon

he shall document the results of mediation proceedings before the punongbarangay

submit a report to the proper city/municipal courts

receive and keep the records of proceedings submitted to him by various conciliation panels

Pangkat ng Tagapagkasundo

constituted for each dispute before the Lupon

consists of three members chosen by the parties from the list of Lupon members

if parties fail to agree on the Pangkatmembers, the punong barangay shall choose the members through draw lots (Sec. 404[a])

same procedure as Sec. 401 applies when vacancies arise in a Pangkat (Sec. 405)


(Pangkat)Members of the Pangkat as appointed

among themselves (Sec. 404[b])

Chairman

Secretary

Member


Duties of Pangkat secretary (Sec. 404[b])

prepare the minutes of the Pangkatproceedings

submit a copy of the minutes attested to by the chairman to the Lupon secretary and to the proper city/municipal court

issue and cause to be served notices to the parties concerned

issue certified true copies of any public record in his custody that is not declared by law as confidential

Character of Office and Service of

Lupon Members (Sec. 406) they are deemed as persons in authority,

as defined by the RPC

shall serve without compensation*

shall serve without prejudice to

incentives^

*as provided for by Sec. 93

^as provided for in this Section and in Book

IV

Character of Office and Service of

Lupon Members (Sec. 406) The DILG shall provide a system for granting

incentives to members who have shown exemplary performance in resolving cases refered to them

While in the performance of their duties, the lupon or pangkat members, whether in public or private employment, shall be deemed to be on official time, and shall not suffer from any diminution in compensation or allowance from said employment by reason thereof.

Legal Advice on Matters Involving

Questions of Law (Sec. 407) a legal adviser (provincial/city/municipal

legal officer and provincial/city prosecutor)

shall render legal advice on matters

involving questions of law to the punong

barangay or any Lupon/Pangkat member

whenever necessary in the exercise of his

functions in the Katarungang Pambarangay

administration.

Subject Matter for Amicable

Settlement (Sec. 408) The Lupon has the authority to bring

together parties actually residing in the same city/municipality for amicable settlement of all disputes.

Exceptions

when one party is the government or any of its subdivision and instrumentality

when one party is a public officer/employee, and the dispute is in relation to the performance of his official functions


Settlement (Sec. 408)*Exceptions:

where offenses are punishable by imprisonment exceeding one year or a fine exceeding P5,000

offenses where there is no private offended party

when dispute involves real properties in different cities or municipalities unless the parties submit their differences to an amicable settlement by an appropriate Lupon


Settlement (Sec. 408)*Exceptions:

disputes where parties reside in barangays of different cities or municipalities, except when such barangays are adjacent to each other and the parties submit their differences to an amicable settlement by an appropriate Lupon

Such other classes of disputes which the President may determine in the interest of Justice or upon the recommendation of the Secretary of Justice.

Venue (Sec. 409)

Dispute Venue

Between persons from the

same barangay

Lupon of the same barangay

Between persons from

different barangays of the

same city

Lupon of respondent’s

barangay, at the election of

the complaint

Involving real property Lupon of barangay where

the property or the larger

part of it is situated

At the contending parties’

workplace or school

Lupon of barangay where

said workplace or school is

situated

Venue (Sec. 409)

Objections to venue shall be raised in the

mediation proceedings before the punong

barangay; otherwise, the same shall be

deemed waived.

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.

Procedure for Amicable Settlement

(Sec. 410)a. Initiation of Proceeding

any individual who has a cause of action

against another individual involving any

matter within the authority of the Lupon

oral or written, submitted to the Lupon

chairman


(Sec. 410)b. Meditation by Lupon chairman

Within the next working day:

summon the respondents

summon the complainants and their witnesses upon prior notice

mediate on their conflicting interests

if he fails in his mediation effort within 15 days from their first appearance:

set the date to form a Pangkat


(Sec. 410)c. Suspension of prescriptive period

upon filing the complaint with the punong

barangay, the prescriptive periods for

offenses and cause of action under

existing laws shall be suspended while the

dispute is under meditation, conciliation

and arbitration.


(Sec. 410)c. Suspension of prescriptive period

prescriptive period shall resume upon receipt of the complainant of:

Complaint

certificate of repudiation

certification to file action

provided: such interruption shall not exceed 60 days from the filing of the complaint with the punong barangay.


(Sec. 410)d. Issuance of summons; hearing; grounds

for disqualification

Pangkat shall convene not later than three

days from its constitution to hear both

parties and their witnesses, simplify issues

and explore all possibilities for amicable

settlement.

Pangkat may issue summons for personal

appearance of parties and witnesses


(Sec. 410)d. Issuance of summons; hearing; grounds for

disqualification

When a party moves to disqualify a Pangkatmember, the matter shall be resolved by the affirmative vote of the Pangkat

Reasons

Relationship

Bias

Interest

Any similar grounds


(Sec. 410)e. Period to arrive at a settlement

Pangkat shall arrive at a

settlement/resolution within 15 days from

its convention.

extendable for not more than 15 days,

except in clearly meritorious cases.

Form of Settlement (Sec. 411)

in writing

in a language or dialect known to the

parties

signed by the parties

attested by Lupon/Pangkat chairman

No filing of complaint, petition, action or

proceeding in court of matters within

Lupon's authority unless there have been

confrontation between parties in front of

Lupon/Pangkat chairman, and no

conciliation/settlement has been reached as

certified by Lupon/Pangkat secretary as

attested by Lupon/Pangkat chairman, or

unless the settlement has been repudiated

by parties. (Sec. 412[a])

When Parties May Go Directly to

Court (Sec. 412[b]) accused is under detention

a person has been deprived of personal liberty calling for habeas corpus proceedings

actions are coupled with provisional remedies (preliminary injunction, attachment, delivery of personal property, support pendente lite)

actions may be barred by the statute of limitations.

Customs and traditions of

indigenous cultural communities

shall be applied in settling disputes

between members of the cultural

communities. (Sec. 412[c])

Arbitration (Sec. 413)

At any stage of proceedings, parties may agree in writing that they shall abide by the arbitration award of the Luponchairman/Pangkat.

may be repudiated within five days for the same grounds and in accordance to prescribed procedure.

shall be made after the lapse of the period for repudiation and within ten days after.

shall be in writing, and in a language or dialect known to the parties.

All proceedings for settlement shall be

open to the public, except when, upon the

request of a party, the Lupon/Pangkat

chairman exclude the public from the

proceedings for the purpose of privacy,

decency or public morals. (Sec. 414)

Parties must appear in person without

counsel/representative, except for minors

and incompetents who may be assisted by

their next-of-kin who are not lawyers.

(Sec. 415)

The amicable settlement and arbitration award shall have the force and effect of a final judgment of a court upon the expiration of ten days from the date thereof, unless repudiation has been made or a petition to nullify the award has been filed before the proper city or municipal court. (Sec. 416)

* shall not be applicable to court cases settled by the Lupon under the last paragraph of Sec. 408. Here, the compromise or the Pangkat chairman shall be submitted to the court and have the force and effect of a judgment of said court upon approval

Amicable settlement/arbitration

award may be enforced by

execution by the Lupon within six

months from date of settlement.

Upon lapse of such time, the

settlement may be enforced by

action in the City/Municipal court

(Sec. 417)

Repudiation (Sec. 418)

any party may repudiate the settlement

within ten days from settlement date

file a statement to the repudiation with

the Lupon chairman sworn before him

grounds: when consent is vitiated by

fraud, violence or intimidation

repudiation shall be sufficient basis for the

issuance of the certification to file a

complaint to court

Lupon secretary shall transmit the

settlement/arbitration award to the

City/Municipal court within five days from

the awarding or from the lapse of ten-day

repudiating period, and shall furnish copies

thereof to the settlement parties and the

Lupon chairman. (Sec. 419)

Punong barangay (as head of Lupon) and

members of the Pangkat are authorized to

administer oaths with any matter relating to

al proceedings in the implementation of the

Katarungang Pambarangay. (Sec. 420)

City/municipal mayor shall supervise the

implementation and administration of

Katarungang Pambarangay. Secretary of

Justice shall promulgate the rules and

regulations necessary to implement the

Chapter. (Sec. 421)

Appropriations for the implementation of

the Katarungang Pambarangay shall be

provided for by the city/municipality's

annual budget. (Sec. 422)

Kamsahamnida...

(Thank You!)

Katarungang Pambarangay

Documents

pangkat members

barangay secretary

secretary of lupon

lupon secretary

service of lupon members

list of lupon members

lupon vacancies

new lupon