For purposes of legal research of the visitors of this blog, digested below are the

main recommendations contained in the STUDY ON THE EFFICACY AND EFFICIENCY OF THE
BARANGAY JUSTICE SYSTEM (KATARUNGANG PAMBARANGAY): FINAL REPORT funded by
the GERRY ROXAS FOUNDATION, released in March 2000, for the benefit of the Action Program for Judicial
Reform of the Philippine Supreme Court, thus:
X x x.
7.0 Recommendations to Improve the BJS Implementaion
7.1 Training
Based on an assesment of training needs several training programs were recommended by the Lupon
Chairman, Lupon Members, and Lupon Secretary
respondents:
(a) Procedures of settlement of barangay cases
(b) Mediation/Conciliation/Arbitration procedures
(c) KP Laws
(d) Administrative requirements of the KP Law
(e) Current updates of human right violation
(f) Classification of cases
(g) Procedure in organizing LT/Duties and Function of Lupon
Chairman/Member/Secretary.
Other training areas outside of KP system were also identified by the
implementors.
A number of respondents put high priority on Barangay Administration & Governance.
Additional training identified by the implementors based on their needs are:
(a) Operations and Management -
(b) Rental Law
(c) Public Administration
(d) Human Relations
(e) Childrens Rights
(f) Gender/Womens Rights
(g) New Family Code
X x x.
7.2 Monitoring
Strengthening of the KP Monitoring System was also identified as a priority area
by implementors. Among the recommendations described to improve the monitoring system include: Funding
support for KP Operations, designing a simplified form for reporting and strengthening of the KP Monitoring
Unit.
7.3 Other Recommendations to Improve Overall Implementation of BJS
A major recommendation is to enhance advocacy activities on the KP and intensify information dissemination
specially in the barangays. Another significant activity suggested by 22% of Barangay Chairman respondent is
to require new law graduates to render assistance to the Barangay. Twenty (20) percent of Lupon Member
respondents also recommend the provision of allowance to LT Members.
X x x.
PART III
CONCLUSION AND RECOMMENDATIONS
Metro Manila is a melting pot of the different cultures and traditions of the various
migrants that have poured into the area. Little wonder that the NCR research findings generally echo the
findings elsewhere in the Philippines. Thus, in the areas where the BJS is functioning, the citizens look to it as
their court, their avenue for their quest for justice in case of conflicts. This attests to the success, though not
on a scale as envisioned, of the BJS to assist the judiciary in
declogging court dockets.
a. Need for more information. Significant is the need for information, by both the beneficiaries and the
implementors, on the KP Law itself. The need notwithstanding, it is evident that barangay residents see the
BJS as the venue for the settlement/resolution of conflicts, even before they even think of going to the formal
judicial system for redress. The awareness that an avenue is available for conflict resolution stems not so much
from knowledge of the law both procedural and substantive, as from practical awareness of what is going in
the barangay.
The historical root of the KP law finds itself alive today in the sense that the citizens feel part of a community,
the barangay, that will help them settle conflicts
through its chief or barangay captain. The citizens are not only beneficiaries but also participants in the process
of seeking justice, through the Lupon.
Although the essence of settlement on the barangay level does away with the
merits of the conflict, inevitably though, by the very nature of a conflict, the parties agree with a settlement only
after they have been made aware and appraised of their rights and obligations as well as the breaches that led
to the conflict. After all, justice, which to them is giving one what is due him, is anchored on the respect for
ones rights. This belief rationalizes the need for information of the both substantive and procedural law to
equip the barangay captains and the Lupon members on the basics of the law. In effect the barangay captain
and/or the Lupon take on the complexion of a parajudge.
b. Lack of budgetary support
Mercenary as it sounds, considering that the heart of the BJS is the encouragement of citizen volunteerism,
money plays a significant role in the determination of whether or not the BJS has succeeded or will succeed.
Section
393 of the Local Government Code (1991) provides that Lupon members be compensated in accordance with
a municipal or barangay ordinance Thus, while the barangay has the power and authority to provide financial
support to the BJS, it does not.
c. The citizens support the BJS because it is accessible, conflicts are resolved/settled fast, and inexpensive.
Whatever support is given by the citizen is essentially moral. He avails himself of
the BJS; a tribute to the avowed purpose which the citizen trusts is fulfilled.
Basically, the citizen goes to the BJS for conflict resolution because it is accessible, physical proximity is thus
not to be underestimated. Compared to case resolution in the courts, which take a short year or a long twenty
years, BJS
conflict resolution takes a maximum of one month. Just as important is the expense involved. Barangays
charge a minimum of P20.00 (if at all) though they are authorized to legislate a higher amount, i.e. P50.00.
Nonetheless, compared to what the courts charge, the amount is very small, thus affordable to those who
need more in law the disadvantaged.
d. Need to review the KP Law
d.1. The Lupon and the Pangkat
In an informal interview, it was found that one of the more successful barangays, insofar as the implementation
of the BJS was concerned, adopted procedures that suited their perceived needs that did not conform with the
provisions of law. The Lupon, made up of 20 members, were divided into 6 groups of three each, with 2
members as roving. When a complaint is filed, the barangay captain raffles it any one of the six divisions of
the Lupon, which then proceeds to settle/resolve the case. The division, apparently the Pangkat is not
constituted with the participation of the disputants.
This barangay claims to have a high success rate. It is suggested that a case study be conducted on this
barangay to determine the effectivity of the method used. The results would provide information and inputs to
whether or not the KP law should be amended and if so, with regards what provisions.
e. The court dockets are declogged.
The findings confirm the reports submitted to the DILG regarding the number of cases that do not find their way
to the courts.
The court dockets are declogged.
The findings confirm the reports submitted to the DILG regarding the number of cases that do not find their way
to the courts.

1. What is conciliation?1. To overcome the distrust or animosity of; appease.2. To regain or try to regain
(friendship or goodwill) by pleasant behavior.3. To make or attempt to make compatible; reconcile.
2. What is mediation? Mediation, a form of alternative dispute resolution (ADR), aims to assist two (or more)
disputants in reaching an agreement.
3. What is arbitration? Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the
parties to a dispute refer it to one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), by whose
decision (the "award") they agree to be bound.
4. What is repudiation?The refusal to acknowledge a contract or debt.
5. What is the essence of KatarunganBarangay? The essence of the Katarungang Pambarangay Law is
theamicable settlement of disputes wherein the disputing parties areencouraged to make mutual concessions
to obtain a peacefulresolution of the dispute without formal adjudication thereof. Theimportant consideration in
amicable settlement is the extent towhich the parties are willing to compromise their respectiveclaims against
each other within the limits imposed by law,morals, good customs, public order and public policy. (DOJOpinion
No. 185, s. 1981)
6. What is essence of Katarungan Barangay? The barangay settlement procedures are intended as ascreening
process whereby the barangay captain and thepangkat ng tagapagkasundo, the conciliation panel
constitutedfrom the lupon membership, determine which cases are trulyirreconcilable and should therefore be
resolved judicially (DOJOpinion No. Ill, s. 1982)
7. What is the procedure for amicablesettlement?
8. What is the procedure for amicablesettlement? Mediation by the lupon chairman. Upon receipt of the complaint,
the lupon chairman shall within, the next working day, summon the respondent (s) with notice to the
complainant (s) for theme and their witness to appear before him for a mediation effort within fifteen (15) days
from the first meeting of the parties before him, he shall forthwith set a date for the constitution of the pangkat
in accordance with the provisions of this chapter.
9. What is the procedure for amicablesettlement? Suspension of prescriptive period of offenses . While the
dispute is under mediation, conciliation, or arbitration, the prescriptive periods for offenses and cause of action
under existing laws shall be interrupted upon filing of the complaint with the punong barangay. The prescriptive
periods shall resume upon receipt by the complainant of the complaint or the certificate of repudiation or of the
certification to file action issued by the lupon or pangkat secretary: Provided, however, that such interruption
shall not exceed sixty (60) days from the filling of the complaint with the punong barangay.
10. What is the procedure for amicablesettlement? Issuance of summons; hearing; grounds for disqualification.
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 witnesses, simplify issues, and explore all possibilities for
amicable settlement. For this purpose, the pangkat may issue summons for the personal appearance of parties
and witnesses before it.
11. What is the procedure for amicablesettlement? In the event that a party move to disqualify any member of the
pangkat 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. Should disqualification be decied upon, the resulting vacancy shall be filled as herein
provided for.
12. What is the procedure for amicablesettlement? Period to arrive at a settlement . The pangkat shall arrive at a
settlement or resolution of the 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 meritorious cases. (Section 410)
13. What are the objectives of barangayconciliation procedure?The barangay system of disputeresolution is an
institutionestablished through P.O. 1508for the purpose of shifting orsegregating cases which can bepeaceably
or amicably settledbetween the parties and thosewhich are truly irreconcilable asto require formal
adjudicationbefore the courts or othergovernment offices.
14. What are the objectives of barangayconciliation procedure?The former type of cases areprevented from
reaching theregular courts of justice orgovernment offices performingadjudicatory functions thedockets of which
are therebyrelieved of congestion of pendingcases. (DOl Opinion No. 10, s.1982)
15. What are the objectives of barangayconciliation procedure?Speedy Administration of Justice An essential
objective of the Katarungang Pambarangay Law is the promotion of the speedy administration of justice. (DOT
Opinion No. 26, s. 1982)
16. What are the objectives of barangayconciliation procedure?Alternative to Litigation The primary purpose of P.D.
1508, (now, Chapter 7, Title One, Book III, Local Government Code) is to provide the conciliation mechanism
as an alterative to litigation in dispute settlement, to members of the responding barangay who are actually
residing therein. (Bejer v. Court of Appeals, 169 SCRA 566, 572, Jan, 27, 1989)
17. What are the objectives of barangayconciliation procedure?Peaceful and Friendly Settlement One of the
purposes of the Katarungang Pambarangay Law is to relieve trial courts of cases among neighbours that
hopefully can be settled through the mediation of their peers in peaceful and friendly confrontations. (Ramos v.
Court of Appeals. 174 SCRA 690, 695, June 30, 1989)
18. What are the objectives of barangayconciliation procedure? By compelling the disputants to settle their
differences through the intervention of the barangay leader and other respected members of the barangay, the
animosity generated by protracted court litigations between members of the same political unit, a disrupted
factor toward unity and cooperation is avoided. (Morata v. Go, 125 SCRA 444, 449, Oct. 27, 1983)
19. What are the objectives of barangayconciliation procedure?Perpetuate Tradition and Culture The term
"barangay level" distinguishes the system instituted by P.O. No. 1508 (now in LGC) for the purpose of
perpetuating and giving official recognition to our time-honored tradition of resolving disputes among family and
barangay members from the court system which performs the same function of resolving disputes or
controversies, but through formal and technical rules of procedure. (DOJ Opinion No. 87, S. 1981)
20. What are the objectives of barangayconciliation procedure?Interest of Public Peace and Order While it is
conceded that the State has the sovereign right to prosecute criminal offenses and that the fiscal has the full
control in public prosecution, P.O. No. 1508 (now in LGC) stays the prosecuting arm of the government in
cases of light offenses and allows the parties to settle their differences in the larger and greater interest of
public peace and order. (People v. Caruncho, 127 SCRA 16, 31, Tan. 23, 1984)
21. How is the lupon different from thebarangay council? The barangay council is the barangays law- making body,
created under the Revised Barrio Charter, R.A. 3590, as amended. The lupong tagapayapa is the council
created under P.O. 1508. The lupon is a conciliation body separate and distinct from the barangay council or
sanggunian. (DOJ Opinion No. 43, s. 1982)
22. What are the provisions of the KatarunganPambarangay under R.A. 7160? There is hereby created in each
barangay a lupong tagapamayapa, hereinafter referred to as the lupon, composed of the Punong Barangay as
Chairman and the Ten (10) to Twenty (20) members. The lupon shall be constituted every three (3) years in the
manner provided by law.
23. What are the provisions of the KatarunganPambarangay under R.A. 7160? Any person actually residing or
working in the barangay, not otherwise expressly disqualified by law, and possessing integrity, impartiality,
independence of mind, sense of fairness, and reputation for probity, may be appointed a member of the lupon.
24. What are the provisions of the KatarunganPambarangay under R.A. 7160? A notice to constitute the lupon,
which shall include the names of proposed members who have expressed their willingness to serve, shall be
prepared by the punong barangay within the first fifteen (15) days from the start of his term of office. Such
notice shall be posted in three (3) conspicuous places in the barangay continuously for a period of not less than
three (3) weeks.
25. What are the provisions of the KatarunganPambarangay under R.A. 7160? The punong barangay, taking into
consideration any opposition to the proposed appointment or any recommendations for appointments as may
have been made within the period of posting, shall within ten (10) days thereafter, appoint as members those
whom he determines to be suitable therefore. Appointments shall be in writing, signed by the punong barangay,
attested to by the barangay secretary.
26. What are the provisions of the KatarunganPambarangay under R.A. 7160? The list of appointed members shall
be posted in three (3) conspicuous places in the barangay for the entire duration of their term of office; and In
barangays where majority of the inhabitants are mebers of indengeous cultural communities, local systems of
settling disputes through their councils of datus or elders shall be recognized without prejudice to the applicable
provisions of this code.
27. What are the functions of the lupon? The function of the lupon tagapayapa is primarily conciliatory not
adjudicative. (DOJ Opinion No. 64, s. 1982)
28. What are the functions of the lupon?The lupon shall: a. Exercise administrative supervision over the conciliation
panels provided in the Code. b. Meet regularly once a month to provide a forum for matters relevant to the
amicable settlement of disputes, and to enable various conciliation panel members to share with one another
their observations and experiences in effecting speedy resolution of disputes. c. Exercise such other powers
and perform such other duties and functions as may be prescribed by law or ordinance.
29. What is the scope of the lupon powers? The Lupon Tagapamayapa is an administrative body. It has only such
powers and functions as are conferred on it expressly or by necessary implication by the law that created it.
(DOJ Opinion No. 100, s. 1979 and No. 29, s. 1984)
30. Who will be the ex-officio chairman ofthe lupon? The punong barangay (barangay captain) is ex officio
chairman of the lupon of his barangay by express provision of P.O. 1508. Upon him alone devolves ipso facto
the powers and duties of the chairman of the lupon, namely: to constitute the lupon; to mediate and arbitrate
disputes; to constitute the pangkat ng tagapagkasundo; and to perform miscellaneous duties relative to the
regular monthly meetings of the lupon. (DOJ Opinion No. 67, s. 1981)
31. Who will take over if the ex-officiochairman is not available? The most senior councilman succeeds to
substitute for the punong barangay in case the latter ceases to hold office or is unable to perform his duties
under the Katarungang Pambarangay Law. If said senior councilman likewise ceases to hold office or is unable
to perform said duties, the process of succession successively devolves upon the other councilmen in the order
of their seniority. (DOJ VUUlLUrIS No. 67, s. 1981 and No. 107, s. 1983)
32. What is improper substitution? Without conducting a personal confrontation of the parties before him for
mediation, the punong barangay instead, referred the case to a lawyer who acted thereon purportedly as a
"pangkat chairman." Under the circumstances the assumption by the said lawyer of the position of chairman of
the pangkat ng tagapagkasundo was devoid of legal basis because of the non-compliance with the statutory
requirement of personal confrontation of the parties before the punong barangay as provided under Section 4
(b) of P.O. 1508, and with the procedure prescribed by the law for the selection of pangkat chairman
33. What is improper substitution? Moreover, it does not appear that said lawyer is a senior member of the
barangay council who can substitute for the punong barangay as lupon chairman. Only members of the
sangguniang barangay, in the order of their seniority, can succeed to or substitute for, the punong barangay as
lupon chairman. (DOl Opinion No. 341 s. 1984)
34. What is the territorial limits of lupon ? The authority of every lupon constituted for a particular barangay is co-
extensive with the territorial limits of said barangay. Thus, the lupon may not exercise its authority outside the
territorial confines of its own barangay. (DOJ Opinion No. 13, s.1980)
35. Who shall act as Secretary of theLupon? The Barangay Secretary shall concurrently serve as the secretary of
the Lupon (Section 403)
36. What are the funtions of theSecretary? He shall record the results of mediation proceedings before the punong
barangay and shall submit a report thereon to the proper city or municipal courts. He shall also receive and
keep the records of proceedings submitted to him by the various conciliation panels.
37. Describe Pangkat ng tagapagkasundo. There shall be constituted for each dispute brought before the lupon a
conciliation panel to be known as the pangkat ng tagapagkasundo, hereafter reffered to as the pangkat,
consisting of three (3) members who shall be chosen by the parties to the dispute from the list of members of
the lupon. (Section 404, a) Should the parties fail to agree on the pangkat membership, the same shall be
determined by lots drawn by the lupon chairman.
38. Describe Pangkat ng Tagapagkasundo. The Three (3) members constituting the pangkat shall elect from
among themselves the chairman and the secretary. The secretary shall prepare the minutes of the pangkat
proceedings and submit a copy duly attested to by the chairman to the lupon secretary and to the proper city or
municipal court. He shall issue and cause to be serves notices to the parties concerned. (Section 404, b) The
lupon secretary shall issue certified true copies of any public record in his custody that is not by law otherwise
declared confidential. (Section 404)
39. How to fill-up vacancies in thePangkat? Any vacancy in the pangkat shall be chosen by the parties to the
dispute from the among the other lupon members. Should the parties fail to agree on a common choice, the
vacancy shall be filled by lot to be drawn by the lupon chairman.
40. The choice of Pangkat members. The choice of pangkat members is the parties prerogative. The rationale for
this procedure is that the parties would be better disposed to amicably settle their dispute before a conciliation
panel whose members are freely chosen by them. (DOl Opinions No. 262, s. 1982 and No. 34, s. 1984)
41. Characterize the Office and Service ofLupon Members. The members, while in the performance of their official
duties or on the occasion thereof, shall be deemed as persons in authority, as defined in the Revised Penal
Code. (Section 406, a)
42. Characterize the Office and Service ofLupon Members. The lupon or pangkat members shall serve without
compensation, except as provided for in Section 393 and without prejudice to incentives as provided for a
system of granting economic or other incentives to the lupon or pangkat members who adequately demonstrate
the ability to judiciously and expeditiously resolves cases referred 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. (Section 406, b)
43. Who shall render legal advice on mattersinvolving questions of law? The provincial, city legal officer or
prosecutor or the municipal legal oficer shall render legal advice on matters involving questions of law to the
punong barangay or any lupon or pangkat member whenever necessary in the exercise of his functions in the
administration of the katarungang pambarangay. (Section 407)
44. Enumerate the exceptions for amicablesettlement. The lupon of each barangay shall have authority to bring
together the parties actually residing in the same city or municipality for amicable settlement of all disputes
except: a. Where one party is the government or any subdivision or instrumentality thereof; b. Where one party
is a public officer or employee, and the dispute relates to the performance of his official functions; c. Offenses
punishable by imprisonment exceeding one (1) year or a fine of Five thousand (P5, 000.00);
45. Enumerate the exceptions for amicablesettlement. d. Offense where there is no private offended party; e.
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; f. 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;
46. Enumerate the exceptions for amicablesettlement.g. Such other classes of disputes which the President may
determine in the interest of justice or upon the recommendation of the Secretary of Justice. The court in which
non-criminal cases not falling within the authority of the lupon under this Code are filed may, at any time before
trial, non proproi refer the case to the lupon concerned for amicable settlement. (Section 408)
47. Where will the conciliation will be held?1. Disputes between persons actually residing in the same barangay
shall be brought for amicable settlement before the lupon of said barangay.2. Those involving actual residents
of different barangays within the same city or municipality shall be brought in the barangay where the
respondent or any of the respondents actually resides, at the election of the complainant.3. All disputes
involving real property or any interest therein shall be brought in the barangay where are real property or the
larger portion thereof is situated.
48. Where will the conciliation will be held?4. 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.5. 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. (Section 409)
49. Who may initiate proceedings foramicable settlement? Any individual who has a cause of action against
another individual involving any matter within the authority of the lupon may complain, orally or in writing, to the
Lupon Chairman Of The Barangay. (Section 410)
50. How will the settlement be recorded? 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, as the
case may be. When the parties to the dispute do not use the same language or dialect, the settlement shall be
written in the language or dialect known to them. (Section 411)
51. Is conciliation proceedings a pre-conditionto the filing of complaint in court? Yes. No complaint, petition, 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 as attested to by the lupon chairman or pangkat chairman or unless the settlement has been
repudiated by the parties thereto. (Section 412)
52. Is conciliation proceedings a pre-conditionto the filing of complaint in court?However, the parties may go
directly to court if: 1. Where the accused is under detention; 2. Where a person has otherwise been deprived of
personal liberty calling for habias corpus proceeding; 3. Where actions are coupled with the provisional
remedies such as preliminary injunction, attachment, delivery of personal property, and support pedente lite;
and
53. Is conciliation proceedings a pre-conditionto the filing of complaint in court?4. Where the action may otherwise
be barred by the statute of limitations.5. Conciliation among members of indigenous cultural communities. the
customs and traditions of indigenous cultural communities shall be applied in settling disputes between
members of the cultural communities.
54. The parties may, at any stage of the proceeding, agreein writing that they shall abide by the arbitrationaward of
the lupon chairman or the pangkat. Suchagreement to arbitrate may be repudiated within five(5) days from the
date thereof for the same groundsand in accordance with the procedure hereinafterprescribed. The arbitration
award shall be made afterthe lapse of the period for repudiation and within ten(10) days thereafter. (Section
413)
55. How will the written agreement bewritten? The arbitration award shall be in writing in a language or dialect
known to the parties. When the parties to the dispute do not use the same language or dialect, the award shall
be written in the language or dialect known to them. (Section 413)
56. Will the proceeding will be open to thepubic? All proceedings for settlement shall be public and informal:
Provided, however That the lupon chairman or the pangkat chairman, as the case may be, may motu propio or
upon request of a part, exclude the public from the proceeding in the interest of privacy, decency, or public
morals (Section 414)
57. Who should be present duringconciliation? In all katarungang pambaranagay proceedings, the parties must
appear in person without the assistance of counsel or representative, except for minors and incompetents who
may be assisted by their next-of- kin who are not lawyers. (Section 415)
58. The effect of amicable settlement andarbitration award. The amicable settlement and arbitration award shall
have the force and effect of a final judgment of a court upon the expiration of ten (10) days from the date
thereof, unless repudiation of the settlement has been made or a petition to nullify the award has been filed
before the proper city or municipality court. (Section 416)
59. The effect of amicable settlement andarbitration award. However, this provision shall not apply to court cases
settled by the lupon under the last paragraph of Section 408 of this code, in which case the compromise
settlement agreed upon by the parties before the lupon chairman or the pangkat chairman shall be submitted to
the court and upon approval thereof, have the force and effect of a judgment of said court.
60. When will the amicable settlement andarbitration award will be enforced? The amicable settlement or
arbitration award may be enforced by execution by the lupon within six (6) months from the date of the
settlement. After the lapse of such time, the settlement may be enforced by action in the appropriate city or
municipal court. (Section 417)
61. Can any member of the party stillrepudiate even after the settlement? Any party to the dispute may, within ten
(10) days from the date of the settlement, repudiate the same by filing with the lupon chairman a statement to
that effect sworn to before him, where the consent is vitiated by fraud, violence, or intimidation. Such
repudiation shall be sufficient basis for the issuance of the certification for filling a complaint as hereinabove
provided. (Section 418)
62. Who will transmit the settlement or the arbitrationaward to the appropriate city or municipal court? The
secretary of the lupon shall transmit the settlement or 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 and shall furnish copies thereof each of the parties to the settlement and the lupon chairman.
(Section 419)
63. The punong barangay, as chairman of the lupongtagapamayapa, and the members of the pangkat arehereby
authorized to administer oaths in connectionwith any matter relating to all proceedings in theimplementation of
the katarungng pambarangay.(Section 420)
64. Who will implement the administration and rulesand regulation of the katarungan pambarangay? The city or
municipal mayor, as the case may be, shall see to the efficient and effective implementation and administration
of the katarungang pambarangay. The secretary of Justice shall promulgate the rules and regulations
necessary to implement this chapter. (Section 421)
65. Who will provide the budget of thekatarungan pambarangay? Such amount as may be necessary for the
effective implementation of the katarungang pambarangay shall be provided for in the annual budget of the city
or municipality concerned. (Section 422)
Issues and concerns encountered in KP implementation
Among the major issues identified during the workshops include:


Non-appearance of respondents during hearing


Lack of funds for KP operations


Lupon and other barangay officials cannot enforce the agreements reached during
the settlement


Insufficient knowledge and skills among Lupon members on the KP law and on
mediation andconciliation


Some Punong Barangays/Lupon Chairman delegated the delegated task to their
purokleaders/sitio presidents.


Double imposition of filing fee at the conciliation level

PROBLEM AREAS:
Q1. What are the difficulties encountered during the constituting of Lupon?-
in terms of posting, appointing, budgeting and recording
Q2. What are the difficulties encountered during the mediation/conciliation proceedings?
Q3. What are the difficulties in arbitration proceedings?