President Duterte’s SONA (July 22) called for the ‘postponement’ of the

May 2020 Barangay and SK Elections. Samar Rep. Edgar Sarmiento (HB
2888 - May 2022) and Camarines Sur Rep. Jocelyn Fortuno (HB 2874 -
October 2022)

Ratio for the postponement:

- it will provide sitting barangay and SK officials the reasonably

necessary time to fully implement their policies and programs. The
postponement will allow non-disruption of their administration and work
to the benefit of the people.

- further, scheduling the barangay and SK elections at the same

time as the national and local elections will be more financially efficient
and would save Comelec and the country millions of pesos.

Happened before: RA 10952 rescheduled the October 2017 barangay and

SK elections to May 2018.

Our barangay officials will then be given enough time to familiarize

themselves with the Barangay Justice System.

FOR QUESTION 1:

Republic Act 7160, otherwise known as the 1991 Local Government

Code, gives barangays the mandate to enforce peace and order and provide
support for the effective enforcement of human rights and justice.
Decentralization has facilitated the recognition of the Katarungang
Pambarangay or Barangay Justice System as an alternative venue for the
resolution of disputes. The challenge facing local governments now is to
maximize and harness the katarungang pambarangay as one of the most
valuable mechanisms available in administering justice, advancing human
rights protection and resolving and/or mediating conflict at the barangay
level through non-adversarial means.

Republic Act 7160 or the Local Government Code of 1991 expanded the
scope and powers of the Katarungang Pambarangay or the Barangay Justice
System designed not merely to decongest the courts of cases but to address
inequalities in access to justice, particularly experienced by marginalized
communities. The barangays, being the basic political unit in the country, is
in the most strategic position to facilitate resolution or mediation of
community and family disputes, alongside its mandate to deliver basic
services.

THE Katarungang Pambarangay or Barangay Justice System is a

community-based dispute settlement mechanism that is administered by the
basic political unit of the country, the barangay. As a community-based
mechanism for dispute resolution, it covers disputes between members of
the same community (generally, same city/municipality) and involves the
Punong Barangay and other members of the communities (the Lupon
members) as intermediaries (mediators, conciliators, and,
sometimes,arbitrators).
 Under the Barangay Justice System, the main strategy for settling
disputes is to provide a venue for the disputing parties to search for a
solution that is mutually acceptable. Hence, the primary role of the
system is not to decide disputes and impose a solution on the parties
but to assist the parties in discussing the possible amicable settlement
of their disputes. The Punong Barangay and the community conciliators
(Lupon members) do not act as judges or adjudicators of disputes but as
facilitators for the disputing parties’ discussion of possible solutions.For this
reason, the personal appearance and participation of the disputing parties is
necessary, while the non-appearance of the parties will have corresponding
sanctions. Also because of the need for the disputing parties’ personal
participation in the conciliation proceedings, disputes involving non-natural
persons like corporations are not subject to the conciliation proceedings of
the Barangay Justice System.

The Barangay Justice System provides an alternative mode for dispute

resolution to the costly and lengthy process of settling disputes in regular
courts. Instead of going through the very technical procedure of filing formal
pleadings and presenting evidence in courts, the parties of a dispute are
given the opportunity to try to talk to each other and resolve their disputes
amicably. The technical processes and rules that are usually applied in
court proceedings are not applied. 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. While cases that are tried in courts generally
take years to be resolved, cases that go through the Barangay Justice
System would generally take only a few weeks.

Simply put, the Barangay Justice System provides a friendly,

inexpensive, and speedy forum for the settlement of disputes where the
parties can freely explore options for amicably resolving their disputes
without resorting to the courts.

On the issue of access to justice, the Barangay Justice System provides

an accessible mechanism for resolving the justice issues of the poor.

In some areas where the courts are inaccessible, both because of

location and because of the prohibitive costs of litigation, the Barangay
Justice System, with all its limitations, can be the only venue that the poor
can avail of for the resolution of their disputes.

The Barangay Justice System is also envisioned to complement the

courts in administering justice. For cases that are covered by the Barangay
Justice System, it is compulsory for the parties to go through the Barangay
Justice System proceedings first before going to court. Failure to do so would
mean the dismissal of the parties’ claim or counterclaim. It is only when the
Barangay Justice System has failed to resolve the dispute that the parties
will be allowed to bring their case to court.

The Supreme Court issued Administrative Circular No. 14-93 on July

15, 1993 directing the courts to ensure compliance with the requirement of
prior recourse to the Barangay Justice as a condition for filing a complaint
in court for cases that are covered by the system.
 With more disputing parties settling their disputes at the community
level, it is expected that the filing of cases between members of the same
community will be minimized. This, in turn, will help reduce the congestion
of the courts’ dockets and,hopefully, improve the efficiency and quality of the
courts’ dispensation of justice. The Barangay Justice system is, thus, both
an alternative and complementary mode of resolution to the court system.

The Barangay Justice System maximizes the use of time-honored

traditions and practices of communities in settling disputes between
community members. Filipinos traditionally resort to the help of older
members of the family, community elders, or tribe leaders in resolving
disputes between members of the same family or community. This is the
common practice that is recognized and formalized by the Barangay Justice
System. In lieu of family members, community elders, or tribe leaders,the
Barangay Justice System uses the Punong Barangay and the Lupon
Members, who are appointed from the respected members of the community.
In recognition of traditional customary practices in some indigenous
communities, the law on the Barangay Justice System provides that in
communities that have distinct traditional practices of settling disputes, the
customs and traditions of the indigenous cultural communities shall be
applied. Thus, local systems of settling disputes through their councils of
datus or elders are recognized and followed with the same force and effect as
the procedure laid down in the law.

The strength of the Barangay Justice System lies in the fact that it is
based in the community itself, and is administered by community members
using traditional practices in dispute resolution. With this set-up, the
disputing parties are expected to be more comfortable in discussing their
problems and in exploring solutions to the disputes. It is likewise expected
that the community-based set-up of the Barangay Justice System will
ensure that the parties will honor the amicable settlement that was agreed
upon. Ultimately, the Barangay Justice System is envisioned to live up to its
name. It is expected to ensure the dispensation of justice at the grassroots
level.

. What is Katarungang Pambarangay?

•Katarungang Pambarangay is a system of dispute resolution
instituted in all barangays in the Philippines that seeks to
promote,among others,the speedy administration of justice,by
providing all avenues to an amicable settlement,thereby considerably
reducing the dockets in our courts of justice.

FOR QUESTION 2:

What are the purposes and objectives of the Katarungang

Pambarangay?
• The essence of a barangay justice is a peaceful and harmonious
resolution of conflicts within the barangay instead of adversarial
proceedings in the courts. Peaceful settlement of disputes among the
family and barangay members without going to the courts “is a time-
honored tradition in the Philippines and is at the root of a Filipino
 culture.” KP recognizes the traditional modes of dispute resolution
borne-out of time-honored traditions of:
• Pakikisama(community-spirit)
• Utang na loob(debt of gratitude)
• Kinship

KP helps reduce the number of indiscriminate filing of cases that

leads to congestion of court dockets.By compelling the parties to settle
their conflicts through the intervention of the barangay, the animosity
generated by a protracted court litigation, which is a disruptive factor
toward unity and cooperation, is avoided.

It is believed, however,that the KP Law can be used to achieve

higher societal goals such as good citizenship and strong communities
beyond its originally intended purpose of decongesting the court
dockets.

FOR QUESTION 3:

* Cases under the Katarungang Pambarangay:

- All disputes, civil and criminal in nature where parties actually

reside in the same city or municipality are subjected to proceedings of
amicable settlement.
- Such as:
CASES UNDER KATARUNGANG PAMBARANGAY
-UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL
UTTERANCES (ART. 154);
-ALARMS AND SCANDALS (ART. 155);
-USING FALSE CERTIFICATES (ART. 175); -USING FICTITIOUS
NAMES AND CONCEALING TRUE NAMES (ART. 178);
-ILLEGAL USE OF UNIFORMS AND INSIGNIAS (ART. 179);
-PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY (ART.
252);
-GIVING ASSISTANCE TO CONSUMMATED SUICIDE (ART. 253);
-RESPONSIBILITY OF PARTICIPANTSIN A DUEL IF ONLY PHYSICAL
INJURIES ARE INFLICTED OR NO PHYSICAL INJURIES HAVE BEEN
INFLICTED (ART. 260);
-LESS SERIOUS PHYSICAL INJURIES (ART. 265);
-SLIGHT PHYSICAL INJURIES AND MALTREATMENT (ART. 266);
-UNLAWFUL ARREST (ART. 269);
-INDUCING A MINOR TO ABANDON HIS/HER HOME (ART.271);
-ABANDONMENT OF A PERSON IN DANGER AND ABANDONMENT
OF ONE’S OWN VICTIM (ART. 275);
-ABANDONING A MINOR (A CHILD UNDER SEVEN [7] YEARS OLD)
(ART. 276);
-ABANDONMENT OF A MINOR BY PERONS ENTRUSTED WITH
HIS/HER CUSTODY; INDIFFERENCE OF PARENTS (ART. 277);
-QUALIFIED TRESSPASS TO DWELLING (WITHOUT THE USE OF
VIOLENCE AND INTIMIDATION). (ART. 280);
-OTHER FORMS OF TRESSPASS (ART. 281);
-LIGHT THREATS (ART. 283);
-OTHER LIGHT THREATS (ART. 285);
-GRAVE COERCION (ART. 286);
-LIGHT COERCION (ART. 287);
-OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF
MERCHANDISE AND PAYMENT OF WAGES BY MEANS OF TOKENS).
(ART. 288);
-FORMATION, MAINTENANCE AND PROHIBITION OF COMBINATION
OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS (ART.
289);
-DISCOVERING SECRETS THROUGH SEIZURE AND
CORRESPONDENCE (ART. 290);
-REVEALING SECRETS WITH ABUSE OF AUTHORITY (ART.291);
-THEFT (IF THE VALUE OF THE PROPERTY STOLEN DOES NOT
EXCEED P50.00). (ART. 309);
-QUALIFIED THEFT (IF THE AMOUNT DOES NOT EXCEED P500).
(ART. 310);
-OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL
RIGHTS IN PROPERTY (ART312);
-ALTERING BOUNDARIES OR LANDMARKS (ART. 313);
-SWINDLING OR ESTAFA (IF THE AMOUNT DOES NOT
EXCEEDP200.00). (ART. 315);
-OTHER FORMS OF SWINDLING (ART. 316);
-SWINDLING A MINOR (ART. 317);
-OTHER DECEITS (ART. 318);
-REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY(ART.
319);
-SPECIAL CASES OF MALICIOUS MISCHIEF (IF THE VALUE OF THE
DAMAGED PROPERTY DOES NOT EXCEED P1,000.00).(ART328);
-OTHER MISCHIEFS (IF THE VALUE OF THE DAMAGED PROPERTY
DOES NOT EXCEED P1,000.00). (ART. 329);
-SIMPLE SEDUCTION (ART. 338);
-ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE
OFFENDED PARTY (ART339);
-THREATENING TO PUBLISH AND OFFER TO PREVENT SUCH
PUBLICATION FOR COMPENSATION (ART. 356);
-PROHIBITING PUBLICATION OF ACTS REFERRED TO IN THE
COURSE OF OFFICIAL PROCEEDINGS (ART. 357);
-INCRIMINATING INNOCENT PERSONS (ART. 363);
-INTRIGUING AGAINST HONOR (ART. 364);
-ISSUING CHECKS WITHOUT SUFFICIENT FUNDS (BP22);
-FENCING OF STOLEN PROPERTIES (IF THE PROPERTY INVOLVED
IS NOT MORE THAN P50.00 (PD1612).

FOR QUESTION 4:
- OFFENSES INVOLVING GOVERNMENT ENTITY;
- OFFENSES WITH MAXIMUM PENALTY OF 1 YEAR AND
EXCEEDING FINE FIVE THOUSAND (P5,000.00);
- OFFENSES WITH NO PRIVATE PARTY;
- REAL PROPERTIES IN DIFFERENT CITIES OR MUNICIPALITIES
- DISPUTES THAT NEED URGENT LEGAL ACTION
- LABOR DISPUTES
- LAND DISPUTES AND ACTION TO ANNUL A JUDGMENT UPON A
COMPROMISE.

FOR QUESTION 5:

- 15 days from the start of one’s term as Punong Barangay, the

new Barangay Captain should issue a notice to constitute the Lupon
and prepare the list of the names of proposed Lupon members.

- Minimum of 10 members
- Maximum of 20 members.

- Qualifications:
1. Actual residents/working in the Barangay
2. Of legal age
3. With following qualities:
A. Integrity
B. Impartiality
C. Independence
D. Fairness
E. Reputation for Probity
F. Patience
G. Resourcefulness
H. Open-mindedness
I. Flexibility

- Disqualifications:
1. Below 18 years old
2. Incompetent
3. Convicted of a crime carrying with it penalties of perpetual
or temporary disqualification from holding public office
4. Elected government officials
5. Members of the Armed Forces who is in the active service

FOR QUESTION 6:

Based on the 10 year report of the DILG on Katarungang

Pambarangay Law, the types of cases brought before the lupon are as
follows:
 A. Criminal cases: (1) Physical injuries; (2) Slander; (3) Threats;
(4) Robbery; (5) Theft; (6) Drug Abuse; (7) Damage to property; (8)
Estafa; (9) Trespassing; (10) Coercion; and (11) Unjust vexation.

B. Civil cases: (1) Ejectment; (2)Family or marital problems; (3)

Collections of Debts or Rentals; (4) Breach of contract;
(5)Damages; (6) Demand for specific performance of obligation
arising from contracts.

Slander - arresto mayor - 1 month and 1 day to 6 months

FOR QUESTION 7:

1. Complaint is filed with the Barangay Captain, either ORALLY or

IN WRITING.
- in writing, pro forma - KP Form 7
- minimal filing fee = 50pesos

2. Lupon Secretary records the complaint and assigns it a docket

number.

3. Barangay Captain issues summons for parties to appear before

him.

FOR QUESTION 7.1:

- Indirect contempt - Section 515 RA 7160

- imprisonment not exceeding 1 month and/or fine (5,000.00)

4. Barangay Captain concilates the parties or abitrates the case.

5. If settlement is reached, case is considered closed.

6. If conciliation or abitration fails, Barangay Captain creates a

PANGKAT.

FOR QUESTION 7.2:

- Pangkat ng Tagapagsundo - must be created within 15 days from

the last day of the mediation proceedings.
- 3 members will be chosen from the Lupong Tagapamayapa
(Lupon) by both parties.

DISCUSS difference between Mediation and Conciliation and

Arbitration.

Mediation is done by the Punong Barangay

Conciliation is done by the Pangkat, headed by the chairperson
 Arbitration is a 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.

7. Pangkat conciliates the parties or arbitrates the case.

8. If agreement is reached or arbitration award is made, case is closed.

9. If arbitration fails or Pangkat’s decision is validly repudiated, the

case may then be taken to court.

10. Barangay Captain issues a Certificate to File Action.

FOR QUESTION 8:

- Yes, by reason of relationship, bias, interest, or any other similar

grounds discovered after the constitution of the Pangkat

- The matter shall be resolved by the affirmative vote of the

majority of the Pangkat whose decision shall be final.