The Katarungang
Pambarangay Law
Section 399-422 of Chapter 7,
Title One, Book III and section 515
of RA 7160, otherwise known as the
Local Government Code of 1991
Approved on October 10, 1991
Constitution of the Lupon
Determine the number of lupon members to be
constituted (15 days from start of term)
10-20 persons
Prepare list of names (5 more)
Posting of names (3 conspicuous places in 3 weeks)
Swear the appointees into office
Post the list of appointed Lupon members (in 3 conspicuous places for the entire duration of term)
Qualification
of Lupon Members
Resident, or
Working in the barangay
With integrity
Impartial
Independent minded
Sense of fairness
With patience
Not otherwise disqualified by law
Willing to serve
Term of Office
of the Lupon Tagapamayapa
3 years or co-terminus with the term of
Punong Barangay
• Until terminated by:
Resignation
Transfer of residence
Transfer of place of work
Withdrawal of appointment by PB
with the concurrence of majority of
all the members of the Lupon
Function of Lupon member
Attend monthly meeting
If chosen Pangkat:
Preside the hearing
Administer oath
Issue summons/notice of hearing/subpoena
Attest to the settlement
Arbitrate
Attest to the issuance of CFA
JURISDICTION
1. Non-criminal cases not falling within the authority of Lupon but referred by court
2. All Disputes, except:
Where one party is the government or any subdivision thereof;
Where one party is a juridical entity
Where one party is a Public Officer or employee and the disputes relates to the performance of his official functions;
Exception
Where there is no offended party
Where the accuse is under detention
Where actions are coupled with Preliminary Injunction, Attachment, or Support Pendente Lite
Habeas Corpus
Actions barred by statute of limitation
Disputes involving parties who actually reside in different cities or municipalities, except for adjoining barangays
Exception
Where the dispute involves real properties located in different cites or municipalities
Unless the parties thereto agree to submit their differences to amicable settlement by lupon
Disputes upon recommendation of the Secretary of Justice
Cases which penalty is more than one year imprisonment and/or a find not exceeding Php 5,000
Offenses with penalty of less than one year imprisonment and a fine not exceeding ph5,000
Alarms and scandal;
Physical injuries in a tumultuous affray;
Giving assistance to unconsummated suicide;
Responsibility in a duel if only physical injuries have been afflicted;
Less serious physical injuries;
Inducing a minor to abandon his home;
Abandonment of person in danger and; abandonment of one’s own victim;
Offenses with penalty of less than one year imprisonment and a fine not exceeding ph5,000
Abandoning a minor (a child under 7 years old);
Abandonment of minor by person entrusted with his custody, indifference of parents;
Qualified trespass to dwelling;
Other form of trespass;
Light threats;
Grave coercion;
Offenses with penalty of less than one year imprisonment and a fine not exceeding ph5,000
Other similar coercion compulsory purchase of merchandise and payment of wages by means of tokens;
Theft If the value of property stolen does not exceed
Light coercion;
Php50.00;
Qualified theft If the value of the property stolen does
not exceed Php 5.00;
Occupation of real property or usurpation of real rights to property;
Offenses with penalty of less than one year imprisonment and a fine not exceeding ph5,000
Altering boundaries or landmarks;
Estafa;
If the amount involved does not exceed Php200.00
Swindling;
Swindling a minor;
Other deceits, removal, sale of pledge or mortgage property;
Malicious mischief;
If the value of damaged property does not exceed Php 1,000
Offenses with penalty of less than one year imprisonment and a fine not exceeding ph5,000
Simple seduction;
Acts of lasciviousness with the consent of the offended party;
Threatening to publish and offer to prevent such publication for a compensation;
Incriminating innocent persons;
Intriguing against honor;
Fencing of stolen properties
of not more than Php50.00;
Rules on Venue
Barangay of the respondent;
Barangay of the respondent/respondents at the option of the complainant;
Where property or large portion of property is situated;
Barangay where Place of work or institution where parties are employed or enrolled is situated. If the disputes arise at said place.
Rules on Venue
Any objection to venue shall be raised before the Punong Barangay during mediation proceedings.
Failure to do so is a waiver
Any legal question regarding venue maybe referred to DOJ.
Proceedings for settlement
Mediation Process
Conciliation Process
Arbitration Process
Repudiation -
Execution -
Mediation Process
Cases are filed before the office of the PB
Proceeding for settlement shall be commenced by filing of complaint and upon payment of filing fee
• Notify the complainant of the date of initial hearing
• Issue summon to respondent within the next working day (and subpoena, if such is necessary)
Mediation Process
Initial Hearing shall commence within 5 days from issuance of summon;
PB has 15 days to settle dispute
If any of the party fails to appear for mediation, the Punong Barangay shall:
Sanctions to respondent
Dismissal of counterclaim, if any
Be barred from filing counterclaim in court or with any government office
Be charged for indirect contempt of court
Sanctions to complainant
Dismissal of the case
Be barred from seeking judicial recourse for the same cause of action as that dismissed
Be charged for indirect contempt of court
Mediation and Conciliation Process
July 1 - Verbal or Written complaint filed
July 6 - Initial hearing for mediation
Requirement in a hearing:
Informal but orderly and without regard to technical rules of evidence.
Parties must attend in person without counsel’s assistance.
Mediation and Conciliation Process
July 21 - Constitution of the pangkat
July 24 - Initial hearing for conciliation
August 8 - End of conciliation
August 23 - End of extension period
Extension period shall not exceed 15 days except in clearly meritorious cases
August 23 - Issuance of CFA
When to issue CFA
Respondent’s unjustifiable failure to appear before the Pangkat;
No settlement was reached;
Settlement or Arbitration agreement have been repudiated.
The Lupon Secretary/Pangkat Secretary attested by Lupon Chairman/Pangkat Chairman
Rules on Repudiation
Settlement – may be repudiated within 10 days from the date of settlement
Arbitration agreement – may be repudiated within 5 days from date thereof
When it is vitiated by fraud, intimidation or violence
Arbitration
Is the process for the adjudication of disputes by which the parties agree to be bound by the decision of a third person or body in place of a regularly organized tribunal.
July 10 – Date of arbitration agreement
July 16-26 Adjudication period
Effects of settlement or award
Settlement and arbitration award shall have the force and effect of a final judgment of a court after the lapse of 10 days from the date thereof unless repudiation have been made or a petition to nullify the award has been filed before the court.
Settlement made by Lupon on cases referred by court shall have the force and effect of a judgment of said court upon approval thereof.
Transmittal of copies settlement and award to court
Settlement- not earlier than the 11th day nor later than the 15th day from date of settlement.
Arbitration award – Within five (5) days from date of the award
EXECUTION
The amicable settlement or arbitration award may be enforced by execution by the Lupon Chairman within six (6) months from date of the settlement or date of receipt of the award or from date the obligation stipulated in the settlement or adjudged in the arbitration award becomes due and demandable.
Procedure for Execution
August 31- stipulated due date
Sept. 1- The disputant may file with the PB, a motion for execution.
Sept. 6 – Hearing
Sept. 12 – Issue notice of execution
Sept. 17 – Execution
Title One, Book III and section 515
of RA 7160, otherwise known as the
Local Government Code of 1991
Approved on October 10, 1991
Constitution of the Lupon
Determine the number of lupon members to be
constituted (15 days from start of term)
10-20 persons
Prepare list of names (5 more)
Posting of names (3 conspicuous places in 3 weeks)
Swear the appointees into office
Post the list of appointed Lupon members (in 3 conspicuous places for the entire duration of term)
Qualification
of Lupon Members
Resident, or
Working in the barangay
With integrity
Impartial
Independent minded
Sense of fairness
With patience
Not otherwise disqualified by law
Willing to serve
Term of Office
of the Lupon Tagapamayapa
3 years or co-terminus with the term of
Punong Barangay
• Until terminated by:
Resignation
Transfer of residence
Transfer of place of work
Withdrawal of appointment by PB
with the concurrence of majority of
all the members of the Lupon
Function of Lupon member
Attend monthly meeting
If chosen Pangkat:
Preside the hearing
Administer oath
Issue summons/notice of hearing/subpoena
Attest to the settlement
Arbitrate
Attest to the issuance of CFA
JURISDICTION
1. Non-criminal cases not falling within the authority of Lupon but referred by court
2. All Disputes, except:
Where one party is the government or any subdivision thereof;
Where one party is a juridical entity
Where one party is a Public Officer or employee and the disputes relates to the performance of his official functions;
Exception
Where there is no offended party
Where the accuse is under detention
Where actions are coupled with Preliminary Injunction, Attachment, or Support Pendente Lite
Habeas Corpus
Actions barred by statute of limitation
Disputes involving parties who actually reside in different cities or municipalities, except for adjoining barangays
Exception
Where the dispute involves real properties located in different cites or municipalities
Unless the parties thereto agree to submit their differences to amicable settlement by lupon
Disputes upon recommendation of the Secretary of Justice
Cases which penalty is more than one year imprisonment and/or a find not exceeding Php 5,000
Offenses with penalty of less than one year imprisonment and a fine not exceeding ph5,000
Alarms and scandal;
Physical injuries in a tumultuous affray;
Giving assistance to unconsummated suicide;
Responsibility in a duel if only physical injuries have been afflicted;
Less serious physical injuries;
Inducing a minor to abandon his home;
Abandonment of person in danger and; abandonment of one’s own victim;
Offenses with penalty of less than one year imprisonment and a fine not exceeding ph5,000
Abandoning a minor (a child under 7 years old);
Abandonment of minor by person entrusted with his custody, indifference of parents;
Qualified trespass to dwelling;
Other form of trespass;
Light threats;
Grave coercion;
Offenses with penalty of less than one year imprisonment and a fine not exceeding ph5,000
Other similar coercion compulsory purchase of merchandise and payment of wages by means of tokens;
Theft If the value of property stolen does not exceed
Light coercion;
Php50.00;
Qualified theft If the value of the property stolen does
not exceed Php 5.00;
Occupation of real property or usurpation of real rights to property;
Offenses with penalty of less than one year imprisonment and a fine not exceeding ph5,000
Altering boundaries or landmarks;
Estafa;
If the amount involved does not exceed Php200.00
Swindling;
Swindling a minor;
Other deceits, removal, sale of pledge or mortgage property;
Malicious mischief;
If the value of damaged property does not exceed Php 1,000
Offenses with penalty of less than one year imprisonment and a fine not exceeding ph5,000
Simple seduction;
Acts of lasciviousness with the consent of the offended party;
Threatening to publish and offer to prevent such publication for a compensation;
Incriminating innocent persons;
Intriguing against honor;
Fencing of stolen properties
of not more than Php50.00;
Rules on Venue
Barangay of the respondent;
Barangay of the respondent/respondents at the option of the complainant;
Where property or large portion of property is situated;
Barangay where Place of work or institution where parties are employed or enrolled is situated. If the disputes arise at said place.
Rules on Venue
Any objection to venue shall be raised before the Punong Barangay during mediation proceedings.
Failure to do so is a waiver
Any legal question regarding venue maybe referred to DOJ.
Proceedings for settlement
Mediation Process
Conciliation Process
Arbitration Process
Repudiation -
Execution -
Mediation Process
Cases are filed before the office of the PB
Proceeding for settlement shall be commenced by filing of complaint and upon payment of filing fee
• Notify the complainant of the date of initial hearing
• Issue summon to respondent within the next working day (and subpoena, if such is necessary)
Mediation Process
Initial Hearing shall commence within 5 days from issuance of summon;
PB has 15 days to settle dispute
If any of the party fails to appear for mediation, the Punong Barangay shall:
- Call on the absent party/parties to explain the reason for his/her failure to appear at the hearing;
- If the reason is unjustifiable,
- If the party still fails to appear,
Sanctions to respondent
Dismissal of counterclaim, if any
Be barred from filing counterclaim in court or with any government office
Be charged for indirect contempt of court
Sanctions to complainant
Dismissal of the case
Be barred from seeking judicial recourse for the same cause of action as that dismissed
Be charged for indirect contempt of court
Mediation and Conciliation Process
July 1 - Verbal or Written complaint filed
July 6 - Initial hearing for mediation
Requirement in a hearing:
Informal but orderly and without regard to technical rules of evidence.
Parties must attend in person without counsel’s assistance.
Mediation and Conciliation Process
July 21 - Constitution of the pangkat
July 24 - Initial hearing for conciliation
August 8 - End of conciliation
August 23 - End of extension period
Extension period shall not exceed 15 days except in clearly meritorious cases
August 23 - Issuance of CFA
When to issue CFA
Respondent’s unjustifiable failure to appear before the Pangkat;
No settlement was reached;
Settlement or Arbitration agreement have been repudiated.
The Lupon Secretary/Pangkat Secretary attested by Lupon Chairman/Pangkat Chairman
Rules on Repudiation
Settlement – may be repudiated within 10 days from the date of settlement
Arbitration agreement – may be repudiated within 5 days from date thereof
When it is vitiated by fraud, intimidation or violence
Arbitration
Is the process for the adjudication of disputes by which the parties agree to be bound by the decision of a third person or body in place of a regularly organized tribunal.
July 10 – Date of arbitration agreement
July 16-26 Adjudication period
Effects of settlement or award
Settlement and arbitration award shall have the force and effect of a final judgment of a court after the lapse of 10 days from the date thereof unless repudiation have been made or a petition to nullify the award has been filed before the court.
Settlement made by Lupon on cases referred by court shall have the force and effect of a judgment of said court upon approval thereof.
Transmittal of copies settlement and award to court
Settlement- not earlier than the 11th day nor later than the 15th day from date of settlement.
Arbitration award – Within five (5) days from date of the award
EXECUTION
The amicable settlement or arbitration award may be enforced by execution by the Lupon Chairman within six (6) months from date of the settlement or date of receipt of the award or from date the obligation stipulated in the settlement or adjudged in the arbitration award becomes due and demandable.
Procedure for Execution
August 31- stipulated due date
Sept. 1- The disputant may file with the PB, a motion for execution.
Sept. 6 – Hearing
Sept. 12 – Issue notice of execution
Sept. 17 – Execution
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