Katarungang Pambarangay: A Seminar On Related Laws and Procedure

KATARUNGANG
PAMBARANGAY
A SEMINAR ON RELATED LAWS AND PROCEDURE
OUTLINE
• BACKGROUND OF KATARUNGANG PAMBARANGAY

• ACTUAL PROCESS
• BENEFITS, INCENTIVES AND AWARDS
• REVIEW OF RELATED LAWS
BACKGROUND OF KATARUNGANG
PAMBARANGAY
• Batas Pambansa Blg. 337 or the 1983

Local Government Code
• Presidential Decree 1508 in 1978
• Republic Act No. 7160 or the Local
Government Code of 1991
KATARUNGANG PAMBARANGAY
INEXPENSIVE
SPEEDY FORUM
FRIENDLY
ALTERNATIVE
MODE TO SETTLE
DISPUTE
COMMUNITY-
BASED
Photo Credit: Youtube
PRE-CONDITION
BEFORE FILING A
CASE IN COURT
GENERAL RULES
1. NO LAWYERS allowed in barangay hearings.

2. Not all cases go to the Katarungan
Pambarangay.
3. Execution may be filed in court.
4. The Lupong Tagapamayapa is NOT a court.
CASES EXEMPTED IN KATARUNGANG
PAMBARANGAY
• ONE OR BOTH PARTIES ARE JURIDICAL PERSON OR
CORPORATION
• 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.
CASES DIRECTED TO COURT
1. IF THE PERSON IS ALREADY DETAINED.

2. IN CASE OF HABEAS CORPUS.
3. THERE IS PROVISIONAL REMEDY.
4. PRESCRIBED
VENUE
• If both parties are residents of the same barangay,

before the lupon of the barangay.
• Different barangays but in the same municipality, in
the barangay of the respondent.
• If real property is involved, in the place of real
property.
• If it involves work, in the place of work.
ACTUAL PROCESSES
• CONSTITUTION OF THE LUPON

• MEDIATION THROUGH THE PUNONG
BARANGAY
• CONCILIATION THROUGH THE
PANGKAT TAGAPAGKASUNDO
• ARBITRATION
CONSTITUTION OF THE LUPON -
QUALIFICATIONS
STEPS TO CONSTITUTE THE LUPON
STEP 1: Determining the actual number of

Lupon Members
STEP 2: Preparing a notice to constitute the
Lupon
STEP 3: Posting the notice to constitute the
Lupon
STEP 4: Appointment of Lupon Members
STEP 5: Oath taking of Lupon members
STEP 6: Posting
MEDIATION
MEDIATION THROUGH THE PUNONG
BARANGAY
Photo Credit: Google

AFTER 10 DAYS, THE SETTLEMENT WILL
BE EXECUTORY AND IT HAS THE FORCE
AND EFFECT OF A DECISION OF A
COURT.

IF MEDIATION FAILS, ONE
WAY OF RESOLVING THE
ISSUE IS THROUGH A GROUP
OF CONCILIATORS KNOWN
AND RESPECTED BY BOTH
PARTIES…IN THE CODE, WE
CALL THIS PANGKAT
TAGAPAGKASUNDO

CONCILIATION
AN AMICABLE SETTLEMENT
SHALL BE PUT INTO WRITING IN
A LANGUAGE OR DIALECT
KNOWN TO THEM, AND
ATTESTED TO BY THE LUPON
CHAIRMAN OR THE PANGKAT
CHAIRMAN. IT HAS THE FORCE
AND EFFECT OF A FINAL
JUDGMENT OF A COURT AFTER
TEN (10) DAYS FROM THE DATE
OF AMICABLE SETTLEMENT
WAS MADE, UNLESS A PROTEST
OR REPUDIATION OF THE
SETTLEMENT IS MADE. THE
PANGKAT SECRETARY SHALL
PREPARE A TRANSMITTAL OF
SETTLEMENT TO THE
APPROPRIATE COURT AND
FILLS UP A TRANSMITTAL FORM.
FAILURE TO REPUDIATE THE
SETTLEMENT WITHIN A TEN (10)
DAY PERIOD SHALL BE DEEMED
A WAIVER OF THE RIGHT TO
CHALLENGE ON SAID
GROUNDS.
THE AMICABLE
SETTLEMENT HAS THE
FORCE AND EFFECT OF
A FINAL JUDGMENT OF
A COURT UPON THE
EXPIRATION OF THE 10-
DAY PERIOD OF
REPUDIATION AND THIS
MAY BE ENFORCED BY
EXECUTION BY THE
LUPON WITHIN 6
MONTHS FROM THE
DATE OF SETTLEMENT.
AFTER THE LAPSE OF
SUCH TIME, THE
SETTLEMENT MAY BE
ENFORCED BY FILING A
MOTION IN THE
MUNICIPAL TRIAL COURT
OF THE PLACE WHERE
THE SETTLEMENT WAS
MADE.
ARBITRATION
ARBITRATION
IN ARBITRATION, THE LUPON CHAIRPERSON OR PANGKAT IS

GIVEN THE POWER TO RENDER DECISIONS ON THE DISPUTE
WITH A PRIOR AGREEMENT OF THE PARTIES TO BE BOUND
BY IT. THE PARTIES SHALL PRESENT EVIDENCE AS TO THE
FACTS AND MERITS OF THE CASE TO THE ARBITRATOR.
ON THE BASIS OF THESE FACTS, THE ARBITRATOR MAKES A

DECISION, ON WHAT HE/SHE BELIEVES TO BE FAIR OR JUST.
IN THIS CASE, THE ARBITRATOR MUST BE NEUTRAL AND
IMPARTIAL IN MAKING THE DECISION WHICH MUST ALSO BE
SUITABLE TO THE DISPUTING PARTIES.
S FILING OF THE COMPLAINT
T
E
P
PAYMENT OF FILING FEE
S
I
N
A SET THE HEARING
R
B
I
T SUMMONS
IF THE COMPLAINANT
R FAILS TO APPEAR,
A DISMISS THE CASE
T HEARING IF THE RESPONDENT

I FAILS TO APPEAR,
O ISSUE A CERTIFICATE
TO FILE ACTION AND
N CERTIFICATE TO BAR
ISSUE A COUNTERCLAIM IN
RESOLUTION/DECISION FAVOR OF THE
COMPLAINANT
BENEFITS, INCENTIVES AND
AWARDS
REVIEW OF RELATED LAWS
COMMON ISSUES ENCOUNTERED BY
THE LUPON
• SLANDER VS LIBEL VS CYBER-LIBEL VS INTRIGUING
AGAINST HONOR (GOSSIP)
• PHYSICAL INJURIES
• THREATS VS COERCION
• THEFT
• SWINDLING/ESTAFA VS BP 22
• MALICIOUS MISCHIEF
• MORTGAGE OF PROPERTY
• CASES INVOLVING REAL PROPERTY
SLANDER

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KATARUNGANG

• BACKGROUND OF KATARUNGANG PAMBARANGAY

• Batas Pambansa Blg. 337 or the 1983

1. NO LAWYERS allowed in barangay hearings.

1. IF THE PERSON IS ALREADY DETAINED.

• If both parties are residents of the same barangay,

• CONSTITUTION OF THE LUPON

STEP 1: Determining the actual number of

Photo Credit: Google

Photo Credit: Google

Photo Credit: Google

IN ARBITRATION, THE LUPON CHAIRPERSON OR PANGKAT IS

ON THE BASIS OF THESE FACTS, THE ARBITRATOR MAKES A

T HEARING IF THE RESPONDENT

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