BARANGAY JUSTICE

(Katarungang Pambarangay)

JULIUS CESAR P. VILLAFLORES

Registered Criminologist
Barangay Justice

- is a breakthrough to the administration of

criminal justice provided for by section 399-
422 of RA 7160
Lupong Tagapamayapa

- a party consist of 10-20 members

appointed by the chairman who will
amicably settle, mediate or conciliate
litigants.
Pangkat Tagapagkasundo

A party consisting of 3 members

selected by the litigants from the 10 –
20 members of the lupon.
Jurisdiction

- authority by a person or body to

hear, try and decide disputes or any
or action brought before it.
Venue

- is the legally place where a

particular case should be filed or
handled.
Prescription of offense
- is the lost of authority of the
government to prosecute an offense
after certain period of time fixed by
law has lapsed.
Litigants

- is to the party to the dispute; the

complainant and the respondents.
Cause of action
- act or omission of one party in
violation of the legal rights of the
other party for which the latter
suffers the damage and the existence
of which affords the former a right
to judicial intervention.
Arbitration

- means settlement of the dispute by a

person chosen to hear both sides and to
come to decision.
Amicable Settlement

means the agreement of the parties

to the disputes as to relief of their
obligations and responsibilities.
Person in Authority

- any person who, by direct provision of law

or by election or by appointment by competent
authority, is charged with the maintenance of
public order and the protection and security of
life and property.
Agent of Person in Authority

- any person who comes to aid of person in

authority such as barrio councilman, barrio
policeman and barangay leader. (Art. 152 0f
RPC amended by BP 873).
Jurisdiction of Barangay Justice
Alarms and Scandal
- discharge of firearm, rocket,
firecrackers, explosives
- instigate in charivari
- disturbance of nocturnal peace
- scandal in public place
Jurisdiction of Barangay Justice
Use of false certificates

Concealing of ones true identity

and other personal
circumstances
Jurisdiction of Barangay Justice
 Physical Injuries in tumultous affray

 Physical Injuries
- incapacitated from 1- 9 days
- injury does not prevent the
offended party
- maltreatment without any injury
Jurisdiction of Barangay Justice
Other form of trespasses
Light threats
- drawing of weapon during
arguments
- orally threaten the person but did
not persist in the commission of the
crime
Jurisdiction of Barangay Justice
Unjust Vexation

Theft & Qualified theft

Other deceit
- interpret dreams
- forecast
- tell fortune
Jurisdiction of Barangay Justice
Slander by deeds
Oral defamation
Intriguing against honor
Imprudence and negligence
Violation of barangay
ordinance
Exception to Jurisdiction
Where one party is the
government, or any subdivision or
instrumentality thereof;

Where one party is a public officer

or employee, and the dispute relates
to the performance of his official
functions;
Exception to Jurisdiction
Offenses punishable by
imprisonment exceeding one (1)
year or a fine not exceeding five
thousand pesos (Php 5,000.00);

Offenses where there is no

private offended party;
Exception to Jurisdiction
Where the dispute involves real
properties located in different
cities or municipalities unless the
parties thereto agree to submit
their differences to amicable
settlement by an appropriate
lupon;
Exception to Jurisdiction
Disputes involving parties who
actually reside in barangay of
different cities or municipalities,
except where such barangay units
adjoin each other and the parties
thereto agree to submit their
differences to amicable settlement
by an appropriate lupon;
Exception to Jurisdiction
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
Disputes between persons
actually residing in the same
barangay shall be brought for
amicable settlement before the
lupon of said.
Venue
Those involving actual
residents of different barangay
within the same city or
municipality shall be brought
in the barangay where the
respondent actually resides.
Venue
All disputes involving real
property or any interest
therein shall be brought in the
barangay where the real
property or the larger portion
thereof is situated.
Venue
Those arising at the workplace
where the contending parties
are employed or at the
institution where such parties
are enrolled for study, shall be
brought in the barangay where
such workplace or institution is
located.
Objection to Venue
 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 refered to
may be submitted to the secretary of
justice, or his duly designated
representative, whose ruling thereon
shall be binding.
Institution of the Offense
Who may institute?
- any person with cause of action
How to institute?
- either oral or written
What is the effects of instituting
cause of action
- Suspension of running of
prescription of offense
LUPON: Constitution, Nature &
Function
 In general, 15 days after the
commencement of the term of
PB, he/she shall constitute a
lupon.
LUPON: Constitution, Nature &
Function
 Upon institution of the cause of
action the PB shall summon the
respondents with the notice to the
complainant/s for them and their
witnesses to appear before him for
mediation of their conflicting
interests. If he fails, he shall within
15 days from the first meeting of
the parties before him set the date
for the constitution of the pangkat.
LUPON: Constitution, Nature &
Function
 Exercise administrative supervision over
the conciliation panels provided herein;

 Meet regularly once a month to provide a

forum for exchange of ideas among its
members and the public on matters
relevant to the amicable settlement of
disputes, and to enable various concilliation
panel members to share with one another
their observations and experiences in
affecting speedy resolution of disputes.
LUPON: Constitution, Nature &
Function
The lupon members, while in the
performance of their official
duties or on the occasion
thereof.

The lupon or pangkat members

shall serve without
compensation.
Pangkat: Constitution, Function
The pangkat shall convene not
later than three (3) days from its
constitution, on the day and hour
set by the lupon chairman, to
hear both parties and their
witness, simplifies issues, and
explore all posibilities for
amicable settlement.
Pangkat: Constitution, Function
Theyhave the authority to issue
summons.
Pangkat: Constitution, Function
The pangkat shall arive at
settlement or resolution of dispute
within fifteen (15) days from the day
it convenes in accordance with this
section. This period shall, at the
discretion of the pangkat, be
extendible for another period which
shall not exceed fifteen (15) days,
except in clearly in clearly
meritorious cases.
Form of Settlement
All amicable settlements shall be
in writing, in a language or dialect
known to the parties, signed by
them, and attested to by the
lupon chairman or the pangkat
chairman.
Pre-condition of filing of complaint
in court
 No complaint, petition, action or proceeding
involving any matter within the authority of the
lupon shall be filed or instituted directly in
court or any other government office for
adjudication, unless there has been
confrontation between the parties before the
lupon chairman or the Pangkat, and that no
conciliation or settlement has been reached as
certified by the lupon secretary or pangkat
secretary as attested to by the lupon or
Pangkat chairman or unless the settlement has
been repudiated by the parties.
Arbitration
 The parties may at any stage of the proceedings,
agree in writing that they shall abide by the
arbitration award of the lupon chairman or
Pangkat.

 May be repudiated within five (5) days from the

date thereof
Arbitration
 Arbitration
award shall be made after the lapse
of the period for repudiation within ten (10)
days.

 The arbitration award shall be in writing in a

language or dialect known to the parties.
Proceedings open to the public;
Exception
 All proceedings for settlement shall be public
and informal but orderly manner

 Exclude the public from the proceedings in the

interest of privacy, decency, or public morals.
Appearance of parties in Person
 The parties must appear in person without the
assistance of counsel

 Except for minors and incompetents who may

be assisted by their next-of-kin who are not
lawyers
Effect of Amicable Settlement and
Arbitration Award
 The amicable settlement and arbitration
award shall have the force to effect of a
final judgement of a court upon the
expiration of ten (10) days from the date
thereof, unless repudiation of the
settlement has been made.
Execution
 The amicable settlement or arbitration
award maybe enforced by execution by
the lupon within six (6) months from the
date of the settlement

 Thereafter, the settlement maybe

enforced by action in the appropriate city
or municipal court.
Repudiation
Any party to the dispute may, within
ten (10) days from the date of
settlement, repudiate the same by
filing with the lupon chairman a
statement to that effect sworn to
before him.
Transmittal of settlement and
Arbitration
The secretary of the lupon shall
transmit the settlement of the
arbitration award to the appropriate
city or municipal court within five (5)
days from the date of the award or
from the lapse of the ten-day period
repudiating the settlement.
Posting and publication of ordinance
with penal sanction
Ordinance with penal sanctions
shall be posted at prominent
places in the provincial capitol,
city, municipal or barangay hall, as
the case mayb, for a minimum
period of three (3) consecutive
weeks.
 STEPS in the amicable settlement
Complaint + payment of filing fee.

Punong Barangay

Pangkat Tagapagkasundo

Issuance of summons

Hearing
Direct to the court

BARANGA
Y COURT
Lupong
Tagapamayapa

1. If the person is already

detained.
2. In case of habeas corpus.
3. There is provisional remedy.
4. Prescribed
-Justice is free
-Justice is fast

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