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PUBLIC CORPORATIONS

LOCAL GOVERNMENT CODE


Title IX
Other Provisions Applicable to Local Government Units
Chapter 1
Settlement of Boundary Disputes
Section 118. Jurisdictional Responsibility for Settlement of Boundary Dispute. - Boundary disputes
between and among local government units shall, as much as possible, be settled amicably. To this
end:
(a) Boundary disputes involving two (2) or more barangays in the same city or municipality shall be
referred for settlement to the sangguniang panlungsod or sangguniang bayan concerned.

b) Contents of Petition petition shall state the grounds, reasons or justifications therefore and be
accompanied by:
1) Duly authenticated copy of the law or statute creating the LGU or any other document
showing proof or creation of the LGU;
2) Provincial, city, municipal. Or barangay map, as the case may be, duly certified by the
Land Management Bureau
3) Technical description of the boundaries of the LGUs concerned
4) Written certification of the provincial, city, or municipal assessor, as the case may be,
as to territorial jurisdiction over the disputed area according to records in custody;
5) Written declarations or sworn statements of the people residing in the disputed area;
and

(b) Boundary disputes involving two (2) or more municipalities within the same province shall be
referred for settlement to the sangguniang panlalawigan concerned.

6) Such other documents or information as may be required by the sanggunian hearing


the dispute

(c) Boundary disputes involving municipalities or component cities of different provinces shall be
jointly referred for settlement to the sanggunians of the province concerned.

c) Answer of adverse party upon receipt by sanggunian concerned of the petition together with
the required documents, the LGU/ LGUs complained against shall be furnished copies thereof and
be given 15 working days within which to file answer/s

(d) Boundary disputes involving a component city or municipality on the one hand and a highly
urbanized city on the other, or two (2) or more highly urbanized cities, shall be jointly referred
for settlement to the respective sanggunians of the parties.
(e) In the event the sanggunian fails to effect an amicable settlement within sixty (60) days from
the date the dispute was referred thereto, it shall issue a certification to that effect. Thereafter,
the dispute shall be formally tried by the sanggunian concerned which shall decide the issue
within sixty (60) days from the date of the certification referred to above.
Effect of boundary dispute. where the territory of a proposed LGU is being claimed by 2 LGUS in
a boundary dispute, the resolution of such dispute is a requisite for the creation of the former.
Because territorial jurisdiction of an LGU must be properly identified by the metes and bounds by
more or less permanent natural boundaries beforeit may be created.
Procedure for settlement of boundary disputes. - found in the IRR of the LGC of 1991. The
procedure is as follows:
a) Filing of petition sanggunian concerned may initiate action by filing a petition, in the form of
resolution, with the sanggunian having jurisdiction over the dispute.

d) Hearing within 5 working days after receipt of answer of the adverse party, the sanggunian
shall hear the case and allow the parties concerned to present respective evidences.
e) Joint Hearing when 2 or more sangguniains jointly hear a case, they may sit en banc or
designate their respective representatives (where representatives are designated there shall be an
equal number of representatives from each sanggunian). They shall elect among themselves a
presiding officer and a secretary. In case of disagreement, selection by drawing of lots.
f) Failure to settle in event of failure to amicably settle within 60 days from date such dispute was
referred thereto, it shall issue cert. to that effect and copies thereof shall be furnished the parties
concerned.
g) Decision Within 60 daysfrom the date the certification was issued, dispute be formally tried
and decided by sanggunian concerned. Copies of decision shall, within 15 days from promulgation,
be furnished the parties concerned, DILG, local assessor, COMELEC, NSO, and other National Govt
Agencies concerned.
h) Appeal within time and manner prescribed by Rules of Court, any party elevate decision of
sanggunian to proper RTC having jurisdiction over the dispute by filing appropriate pleading,
stating among others, the nature ofthe dispute, decision of the sanggunian concerned andreasons
for appealing therefrom. RTC decide within 1 year from the filing thereof. Decisionson boundary

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disputes promulgated jointly by two or more sanggunians shall be heard by RTC of the province
which first took cognizance of the dispute
RTCs have jurisdiction over boundary disputes between municipalities and component cities Sec 118 applies to a situation in which a component city or municipality seeks to settle boundary
dispute with highly urbanized city, not with an independent component city.The

the whishes of their elected representatives

by a legislative body.

COMELEC cannot change requirements by resolution : where resolution is for initiative but
COMELEC resolution sets guidelines, characterizing it as referendum = grave abuse of discretion
because it cannot control or change content or substance of legislation.

As Section 118 of LGC does not apply, the general rules governing jurisdiction should then be used.
The applicable provision is found in Section 19(6) of BP blg. 129 as amended (which provides that
RTC shall have exclusive original jurisdiction in all cases not within the exlcusive jurisdiction of the
court, tribunal, person, or body exercising judicial or quasi judicial functions.

Section 121. Who May Exercise. - The power of local initiative and referendum may be exercised by
all registered voters of the provinces, cities, municipalities, and barangays.

Section 119. Appeal. - Within the time and manner prescribed by the Rules of Court, any party may
elevate the decision of the sanggunian concerned to the proper Regional Trial Court having
jurisdiction over the area in dispute. The Regional Trial Court shall decide the appeal within one (1)
year from the filing thereof. Pending final resolution of the disputed area prior to the dispute shall
be maintained and continued for all legal purposes.

Section 122. PROCEDURE IN LOCAL INITIATIVE


(a) Not less than one thousand (1,000) registered voters in case of provinces and cities, one
hundred (100) in case of municipalities, and fifty (50) in case of barangays, may file a petition with
the sanggunian concerned proposing the adoption, enactment, repeal, or amendment of an
ordinance.
(b) If no favorable action thereon is taken by the sanggunian concerned within thirty (30) days from
its presentation, the proponents, through their duly authorized and registered representatives,
may invoke their power of initiative, giving notice thereof to the sanggunian concerned.
(c) The proposition shall be numbered serially starting from Roman numeral I. The COMELEC or its
designated representative shall extend assistance in the formulation of the proposition.
(d) Two (2) or more propositions may be submitted in an initiative.
(e) Proponents shall have ninety (90) days in case of provinces and cities, sixty (60) days in case of
municipalities, and thirty (30) days in case of barangays, from notice mentioned in subsection (b)
hereof to collect the required number of signatures. (f) The petition shall be signed before the
election registrar. or his designated representatives, in the presence of a representative of the
proponent, and a representative of the sanggunian concerned in a public place in the local
government unit, as the case may be. Stations for collecting signatures may be established in as
many places as may be warranted.
(g) Upon the lapse of the period herein provided, the COMELEC, through its office in the local
government unit concerned, shall certify as to whether or not the required number of signatures
has been obtained. Failure to obtain the required number defeats the proposition.
(h) If the required number of signatures is obtained, the COMELEC shall then set a date for the
initiative during which the proposition shall be submitted to the registered voters in the local
government unit concerned for their approval within sixty (60) days from the date of certification
by the COMELEC, as provided in subsection (g) hereof, in case of provinces and cities, forty-five (45)
days in case of municipalities, and thirty (30) days in case of barangays. The initiative shall then be
held on the date set, after which the results thereof shall be certified and proclaimed by the
COMELEC.

Chapter II
Local Initiative and Referendum
Section 120. Local Initiative Defined. - Local initiative is the legal process whereby the registered
voters of a local government unit may directly propose, enact, or amend any ordinance.
Power to enact resolutions included in power of initiative. 120 must be read with 124 and 125 of
the Code. Local initiatives shall extend only to subjects/matters within the local powers of the
Sanggunian to enact (includes ordinances and resolutions). However, resolutions not normally
subject to referendum for it may destroy the efficiency necessary to the successful administration
of the business affairs of the city.
Resolution legis. Wishes to express opinion, only temporary effect
Ordinance permanently direct and control matters applying to persons and things in general

Initiative as distinguished from referendum


Initiative

Referendum

Entirely the work of the electorate

Begun and consented by the law making body

Process of law making by the people


themselves without participation and against

Consists meely of the electorate approving or


rejecting what has been drawn up or enacted

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Diane Uy

PUBLIC CORPORATIONS
LOCAL GOVERNMENT CODE
FORM OF PETITION
1.
2.
3.
4.
5.
6.

Contents or text of proposed ordinance sought to be enacted, approved or rejected,


amended or repealed, as the case may be
The proposition
The reasons therefor
That it is not subject to any limitations provided in Art. 150 of the Implementing Rules
Signatures of the petitioners or registered voters
Abstract or summary proposition in not more than 100 words which shall be legibly
written or printed at top of every petition

The collection of signatures shall commence on the first Saturday and Sunday following receipt
thereof, and every Saturday and Sunday thereafter for a period of ninety (90) days for provinces
and cities, sixty (60) days for municipalities, and thirty (30) days for barangays.
Signing may also be done on weekdays in the office of the proper election registrar.

ARTICLE 141. Signature Stations. Stations for collecting signatures may be established in as many
places as may be warranted and as far as practicable, in public school buildings nearest the
residence of the voters. For this purpose, the election registrar may cluster existing precincts into
signature stations at a ratio of one (1) signature station for every ten (10) precincts.

PROCEDURE FOR INITIATIVE


ARTICLE 138. Copies of Petition and Notice.
(a) If the subject of the initiative is a PROVINCIAL ORDINANCE, the proponents shall furnish the
provincial election supervisor sufficient number of copies of the petition and notice for distribution
to the election registrars in the province.
(b) If the subject is a CITY ORDINANCE, the proponents shall furnish the election registrar sufficient
number of copies of the petition and notice for distribution to the barangays within the city.
(c) If the subject is a MUNICIPAL ORDINANCE, the proponents shall furnish the provincial election
registrar sufficient number of copies of the petition and notice for distribution to the barangays in
the municipality.
(d) If the subject is a BARANGAY ORDINANCE, the proponents shall furnish the provincial election
registrar sufficient number of copies of the petition and notice.
(e) The proponents shall likewise furnish copies of the petition and notice to the COMELEC in
Manila, through its executive director and its Election Records and Statistics Department.

ARTICLE 139. Posting. Upon receipt of the petition and notice, all election officers concerned
shall cause copies thereof to be posted conspicuously in public places in the LGU concerned,
together with a notice of the dates of signing in accordance with the following article.

ARTICLE 140. Schedule of Signing of Petition. Upon receipt of the notice and petition, the
election officer in the LGU concerned shall schedule the signing of the petition in the LGU.

Each signature station shall be under the supervision of a public school teacher designated by the
election registrar.
ARTICLE 142. Procedure for Signing of Petition. On any of the days scheduled for the signing of
the petition, any registered voter in an LGU concerned, may assign the petition. The petition shall
be signed before the election registrar, or his designated representatives, in the presence of a
representative of the proponent and a representative of the sanggunian concerned, in a public
place in the LGU concerned.
The signatures of the voters shall be affixed on the form prescribed by the COMELEC. Each voter
shall affix his signature over his printed name and address. All illiterate or disabled voter, who is
currently registered as such, shall be assisted by a person of his confidence. The election registrar
shall have custody of all the forms used during the signing.

ARTICLE 143. Verification of Signatures. The election registrar or his representative shall , during
the period of signing, verify the genuineness and authenticity of the signatures by referring to the
book of voters, voter's affidavits and voters' identification cards used in the immediately preceding
election. The election registrar shall cancel any signature on the ground that it is forged or falsified,
or that the signatory is not a registered voter, or that the signature of the voter appears more than
once in the same or other forms. The determination by the election registrar of the genuineness
and authenticity of the signatures shall be final.

ARTICLE 144. Certification of Number of Registered Voters. Upon receipt of a copy of the notice
referred to in Article 139 of this Rule, the Election Records and Statistics Department of the
COMELEC shall certify to the total number of registered voters in the constituency to which the

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PUBLIC CORPORATIONS
LOCAL GOVERNMENT CODE
initiative pertains, and immediately, send the certification to the highest local election officer of the
LGUs affected. For initiatives on local laws before the 1992 general elections, the said Election
Records and Statistics Department shall, wherever proper, use as basis the registration records for
the January 18, 1988 local elections. Thereafter, the basis shall be the registration records of the
general and local elections immediately preceding the initiative.

Upon receipt of the certification from the Election Records and Statistics Department, the regional
election directors, provincial election supervisor, or election registrar, as the case may be, shall
post a copy of the certification on the bulletin board of his office.

ARTICLE 145. Number of Signatures Required. (a) A local initiative affecting an ordinance passed
by the sanggunian of a province or a city is deemed validly initiated if the petition therefore is
SIGNED BY AT LEAST 10% OF THE REGISTERED VOTERS in the province or city, of which every
legislative district must be represented by at least three percent (3%) of the registered voters
therein. If the province or city is composed of only one legislative district, at least each municipality
in the province or each barangay in a city must be represented by at least three percent (3%) of the
registered voters therein.
(b) An initiative on municipal ordinance shall be deemed validly initiated if the petition therefore is
SIGNED BY AT LEAST TEN PERCENT (10%) OF THE REGISTERED VOTERS in the municipality, of
which every barangay must be represented by at least three percent (3%) of the registered voters
therein.

from the date of certification by the COMELEC in case of provinces and cities, forty-five (45) days in
case of municipalities, and thirty (30) days in case of barangays. The initiative shall then be held on
the date set, after which the results thereof shall be certified and proclaimed by the COMELEC.
Section 124. LIMITATIONS ON LOCAL INITIATIVE
(a) The power of local initiative shall not be exercised more than once a year.
(b) Initiative shall extend only to subjects or matters which are within the legal powers of the
sanggunian to enact.
(c) If at any time before the initiative is held, the sanggunian concerned adopts in toto the
proposition presented and the local chief executive approves the same, the initiative shall be
cancelled. However, those against such action may, if they so desire, apply for initiative in the
manner herein provided.
Section 125. LIMITATIONS UPON SANGGUNIANS.
Any proposition or ordinance approved through the system of initiative and referendum as herein
provided shall not be repealed, modified or amended by the sanggunian concerned within six (6)
months from the date of the approval thereof, and may be amended, modified or repealed by the
sanggunian within three (3) years thereafter by a vote of three-fourths (3/4) of all its members:
Provided, That in case of barangays, the period shall be eighteen (18) months after the approval
thereof.

(c) An initiative on a barangay ordinance is deemed validly initiated if signed by AT LEAST TEN
PERCENT (10%) OF THE REGISTERED VOTERS in said barangay.

NOTE: Ambiguity as to when 3 year period begins


3 year period starts at the end of the 6 month period where the proposition or ordinance
receives absolute protection

ARTICLE 146. Determination of Percentage and Certification, and Action by the COMELEC. Upon
the lapse of the period for collecting signatures, the COMELEC, through its office in the LGU
concerned, shall determine and certify whether or not the required number of signatures has been
obtained. Failure to obtain the required number defeats the proposition. Within fifteen (15) days
from receipt of the certification, the COMELEC shall act on the findings of sufficiency or
insufficiency of the petition for initiative.

Section 126. LOCAL REFERENDUM DEFINED.


Local referendum is the legal process whereby the registered voters of the local government units
may approve, amend or reject any ordinance enacted by the sanggunian.

ARTICLE 147. Call for Initiative by the COMELEC. If the required number of signatures is
obtained, the COMELEC shall set a date for the initiative during which the proposition shall be
submitted to the registered voters in the LGU concerned for their approval within sixty (60) days

The COMELEC shall certify and proclaim the results of the said referendum.

The local referendum shall be held under the control and direction of the COMELEC within sixty
(60) days in case of provinces and cities, forty-five (45) days in case of municipalities and thirty (30)
days in case of barangays.

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PUBLIC CORPORATIONS
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Section 127. AUTHORITY OF COURTS - Nothing in this Chapter shall prevent or preclude the proper
courts from declaring null and void any proposition approved pursuant to this Chapter for violation
of the Constitution or want of capacity of the sanggunian concerned to enact the said measure.

Chapter VII
KATARUNGANG PAMBARANGAY
Section 399. Lupong Tagapamayapa. (a) There is hereby created in each barangay a lupong tagapamayapa, hereinafter referred to as the
lupon, composed of the punong barangay, as chairman and ten (10) to twenty (20) members. The
lupon shall be constituted every three (3) years in the manner provided herein.

Significant features of the Code as compared to P.D. 1508 the revised katarungang pambarangay
law has at least 3 new significant features:
1) increased authority of lupon from criminal offenses punishable by imprisonment not exceeding
30 days or fine not exceeding 200 pesos in PD 1508 to offenses punishable by imprisonment not
exceeding 1 year or a fine not exceeding 5,000 pesos
2) venue disputes 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
3)it provides for suspension of the prescriptive periods of offenses during the pendency of the
mediation, conciliation or arbitration process. (see page 396,number 3 for conflicting provisions).
Jurisprudence on P.D. 1508 still applicable while pd 1508 has been repealed by LGC,
jurisprudence regarding prior referral to the lupon as a pre-condition to the filing of an action in
court remains applicable (provisions reproduced on LGC).

(b) 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.

Effect of alternative Dispute Resolution Act not be interpreted to repeal, amend, modify the
jurisdiction of the Katarungang Pambarangay under RA 7160.

(c) 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;

Section 400. Oath and Term of Office. - Upon appointment, each lupon member shall take an oath
of office before the punong barangay. He shall hold office until a new lupon is constituted on the
third year following his appointment unless sooner terminated by resignation, transfer of residence
or place of work, or withdrawal of appointment by the punong barangay with the concurrence of
the majority of all the members of the lupon.

(d) The punong barangay, taking into consideration any opposition to the proposed appointment or
any recommendations for appointment 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
therefor. Appointments shall be in writing, signed by the punong barangay, and attested to by the
barangay secretary.
(e) 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
(f) In barangays where majority of the inhabitants are members of indigenous 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.

Section 401. Vacancies. - Should a vacancy occur in the lupon for any cause, the punong barangay
shall immediately appoint a qualified person who shall hold office only for the unexpired portion of
the term.
Section 402. Functions of the Lupon. - The lupon shall:
(a) Exercise administrative supervision over the conciliation panels provided herein;
(b) 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

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conciliation panel members to share with one another their observations and experiences in
effecting speedy resolution of disputes; and

Section 405. Vacancies in the Pangkat. - Any vacancy in the pangkat shall be chosen by the parties
to the dispute from 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.

(c) Exercise such other powers and perform such other duties and functions as may be prescribed
by law or ordinance.
Section 406. Character of Office and Service of Lupon Members. Section 403. Secretary of the Lupon. - The barangay secretary shall concurrently serve as the
secretary of the lupon. 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.

Section 404. Pangkat ng Tagapagkasundo. (a) There shall be constituted for each dispute brought before the lupon a conciliation panel to be
known as the pangkat ng tagapagkasundo, hereinafter referred 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.
Should the parties fail to agree on the pangkat membership, the same shall be determined by lots
drawn by the lupon chairman.
(b) 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 served notices to the parties concerned.
The lupon secretary shall issue certified true copies of any public record in his custody that is not by
law otherwise declared confidential.

(a) The lupon 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.
(b) The lupon or pangkat members shall serve without compensation, except as provided for in
Section 393 and without prejudice to incentives as provided for in this Section and in Book IV of this
Code. The Department of the Interior and Local Government shall provide for a system of granting
economic or other incentives to the lupon or pangkat members who adequately demonstrate the
ability to judiciously and expeditiously resolve 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 407. Legal Advice on Matters Involving Questions of Law. - The provincial, city legal officer
or prosecutor or the municipal legal officer 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 408. Subject Matter for Amicable Settlement; Exception Thereto. - 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;

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(c) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand
pesos (P5,000.00);

public officer: such an officer as is required by law to be elected or appointed, who has a
designation or title given to him by law, and who exercises functions concerning the public,
assigned to him by law.

(d) Offenses where there is no private offended party;

Civil disputes that may be compromised at Katarungang Pambarangay .noted that the law, as
written, makes no distinction with respect to the classes of civil disputes that should be
compromised at the barangay level, compared to authority over criminal cases. The court also held
that the conciliation process at the barangay level, prescribed by PD 1508 as a pre-condition for
filing a complaint in court, is compulsory not only for cases falling under the exclusive competent
of the metropolitan and municipal trial courts , but for actions cognizable by RTCs as well.

(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 barangays 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;
(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 motu propio refer the case to the lupon concerned for
amicable settlement.

Same;Exceptions ff. matters that cannot be compromised under the NCC (compromise
agreements on these matters shall be null and void):
1. civil status of persons
2. validity of marriage or a legal separation
3. any ground for legal separation
4. future support
5. jurisdiction of courts
6. future legitime

Government of the RP corporate governmental entity through which the functions of


governmentare exercised throughout the Philippines, including, save as the contrary appears from
the context, the various arms through which political authority is made effective in the PH, whether
pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or
other forms of local government
Instrumentality any agency of the National Government, not integrated within the department
framework vested within special functions or jurisdiction by law, endowed with some if not
corporate powers, administeringspecial funds, and enjoying operational autonomy, usually through
a charter. This term includes regulatory agencies, chartered institutions and government owned
or controlled corporations.
Public officer
public office: the right authority and duty created and conferred by law, by which for a
given period, either fixed by law or enduring at the pleasure of the appointing power, an individual
is invested with some with some portion of the sovereign functions of the government, to be
exercised by him to the benefit of the public.

7. criminal liability

Compliance not required where complaint states that residence of parties are in different
cities/municipalities - the dispute is exceptedfrom the requirement of referral to the barangay
lupon or pangkat for conciliation or settlement prior to filing with the court.
(in procedural law: residence personal, actual or physical habitation or his actual residence or
abode, may not be necessarily his legal residence/domicle provided he resides with continuity/
consistency.)
Compliance not required where parties are actually residing in different cities or municipalities.notresiding in same city/mun. or adjoining barangays.
Corporation cannot be impleaded Sec 1, rule Vi of KP Rules implementing the KP law provides:
Section 1 .parties only individuals....no complaint by or against corporations,
partnerships or other juridical entities shall be filed, received or acted upon.

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PUBLIC CORPORATIONS
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Section 409. Venue. (a) Disputes between persons actually residing in the same barangay shall be brought for amicable
settlement before the lupon of said barangay.
(b) 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 complaint.
(c) 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.
(d) 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.
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 410. Procedure for Amicable Settlement. (a) Who may initiate proceeding - Upon payment of the appropriate filing fee, 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.
(b) Mediation by 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 them and
their witnesses to appear before him for a mediation of their conflicting interests. If he fails in his
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.

(c) 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 the complaint with the punong barangay. The prescriptive
periods shall resume upon receipt by the complainant of the complainant 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 filing of the complaint
with the punong barangay.
(d) 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. In the event that a party moves 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 decided upon, the resulting
vacancy shall be filled as herein provided for.
(e) 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.
Lupon does not possess contempt power not presumed to be granted by legislature... constitutes
a potential derogation of individual rights.
However, lupon is not without a remedy: refusal or willful failure of any party or witness to appear
before the lupon or pangkat In compliance with a summons issued pursuant to Chpater 7, title II of
the Code may be punished by city or municipal court as for indirect contempt of court (upon
application filed by lupon chairman, pangkat chairman, or any of contending parties; shall also bar
complainant who fails to appear from seeking judicial recourse, and respondent who refuses to
appear, from filing any counterclaim arising out of, or necessary included with the complaint.
Section 411. 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, 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 known to them.

Migmar Francisco
Diane Uy

PUBLIC CORPORATIONS
LOCAL GOVERNMENT CODE
3. barangay chairman issued a certification to file action without forming the pangkat ng
takapagkasundo.
Section 412. Conciliation. (a) Pre-condition to 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 a 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 thereto.
(b) Where Parties May Go Directly to Court. - The parties may go directly to court in the following
instances:

*court pointed out that:


-under section 412 of LGC, confrontation before lupon chairman/pangkat is sufficient compliance
notwithstanding mandate of section 410(b) of the same law that brgy. Chairman shall constitute a
pangkat if he fails in his mediation effort;
-failure of parties to appear before the pangkat did not cause prejudice to the case for private
respondents as they refused conciliation before the barangay chairman and observed that their
sham insistence for a meeting before the pangkat was a mere ploy for further delay;
-subsequent certification to file action by the barangay = cured defect and constituted substantial
compliance.
Compliance not required where Katarungang Pambarangay has no jurisduction

1) Where the accused is under detention;


2) Where a person has otherwise been deprived of personal liberty calling for habeas corpus
proceedings;
3) Where actions are coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support pendente lite; and
4) Where the action may otherwise be barred by the statute of limitations.
(c) 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.
Effect of failure to comply with provision. -not a jurisdictional requirement. Where however, the
fact of non-complaince with and non-observance of such procedure has been seasonably raised as
an issue before the court first taking cognizance of the complaint, dismissal is proper. (effect of
failure to comply is much same effect produced by non-exhaustion of admin remedies vulnerable
to motion to dismiss).
Same; Substantial compliance (of the Code where):
1. parties met at the office of the barangay chairman for possible settlement
2. no agreement reached

Section 413. ARBITRATION


(a) 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 the pangkat. Such agreement to arbitrate may be
repudiated within five (5) days from the date thereof for the same grounds and in accordance
with the procedure hereinafter prescribed. The arbitration award shall be made after the
lapse of the period for repudiation and within ten (10) days thereafter.
(b) 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.
AGREEMENT TO ARBITRATE
Agreement in writing that parties shall abide by the arbitration award of lupon chairman
or the pangkat
May be done at any stage of proceedings
May be repudiated, within five (5) days from the date of agreement
ARBITRATION AWARD
Resolved by Lupon Chairman or Pangkat

Migmar Francisco
Diane Uy

PUBLIC CORPORATIONS
LOCAL GOVERNMENT CODE
-

Shall be made after the lapse of the period for repudiation and within ten (10) days
thereafter
Shall be in writing in a language or dialect known to the parties

submitted to the court and upon approval thereof, have the force and effect of a judgment of said
court.
General Rule: Amicable settlement attains status of finality upon the expiration of ten (10) days
from the date thereof

Section 414. PROCEEDINGS OPEN TO THE PUBLIC; EXCEPTION


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 proprio or upon request of a
party, exclude the public from the proceedings in the interest of privacy, decency, or public morals.
General Rule: All proceedings for settlement shall be public and informal
Exception: Public may be excluded from the proceedings in the interest of privacy, decency or
public morals
- May be done motu proprio or upon request of a party

Section 415. APPEARANCE OF PARTIES IN PERSON


In all katarungang pambarangay 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.
General Rule: Parties must appear in person, without assistance of counsel or representative
Exception: Minors and incompetents who may be assisted by their next-of-kin who are not lawyers

Exception: - Repudiation of settlement has been made; or


- Petition to nullify the award has been filed before the proper city or municipal
court
NOTE: Where no repudiation was made during the 10-day period, and it becomes the ministerial
duty of the court to implement and enforce it
RULE NOT ABSOLUTE: Santos vs. Judge Isidro
Special and exceptional circumstances, imperatives of substantial justice, or facts that
may have transpired after the finality of judgment which would render its execution
unjust, may warrant the suspension of execution of a decision that has become final and
executory
E.g. Where object of agreement is uncertain
Section 417. EXECUTION - 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.
PERIOD FOR EXECUTION OF AMICABLE SETTLEMENT
Within six (6) months from the date of the settlement; and upon expiration of 10 days
from date of settlement or receipt of award unless repudiation has been made or a
petition to nullify the award has been filed prior to expiration of said period

NOTE: In either case, assistance of counsel is not allowed


Section 416. EFFECT OF AMICABLE SETTLEMENT AND ARBITRATION 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
municipal court.
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 or the pangkat chairman shall be

PROCEDURE FOR EXECUTION OF SETTLEMENT OR AWARD BEFORE LUPON


1. File a motion with the Punong Barangay for the execution of a final settlement or award
which has not been complied with
Filed by disputant
Copy furnished to other disputant/s
2. Set date for hearing agreed to by movant, and giving of notice of hearing to other party
Date shall not be later than 5 days from date of filing of motion
Fact of non-compliance shall be ascertained during hearing by Punong Barangay

Migmar Francisco
Diane Uy

PUBLIC CORPORATIONS
LOCAL GOVERNMENT CODE
3.

4.

5.

Within 5 days from day of hearing, Punong Barangay (PB) shall determine WON voluntary
compliance can be secured
If no voluntary compliance, PB shall issue a notice of execution
Method of execution depends on character of judgment obligation
a. If execution be for payment of money, party obliged is allowed a period of 5 days to
make voluntary payment; failure to do so shall result in PB taking possession of
personal property located in the barangay to satisfy settlement
b. Delivery or restitution of property located in the barangay, PB shall oust the person
against whom settlement or award is rendered and place party thereto in possession
of such property
c. Delivery or restitution of property located in another the barangay, PB issuing notice
shall authorize PB of barangay where property is situated to take possession of the
property and act in accordance with (b.)
d. Directs a party to execute a conveyance of land, or to deliver deeds or other
documents, or to perform any other specific act and part fails to comply, PB may
direct Lupon Secretary to perform the act at cost of the disobedient party
The satisfaction of a settlement or award shall be entered by PB or Barangay Secretary, in
his record upon the return by PB of an execution satisfied, or upon filing of an admission
of satisfaction of settlement or award

Section 418. Repudiation. - 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 filing a complaint as hereinabove
provided.
HOW IS REPUDIATION DONE
By filing with the lupon chairman a statement to that effect sworn to before him
Filed within 10 days from the date of the settlement
GROUNDS: Where consent is vitiated by fraud, violence, or intimidation

Requisites for VIOLENCE


1. Physical force employed must be irresistible, or of such degree that the victim has no
other course under the circumstances, but to submit
2. Such force is the determining cause in giving the consent to the contract
Requisites for INTIMIDATION
1. Intimidation must be the determining cause of the contract, or must have caused the
consent to be given
2. Threatened act be unjust or unlawful
3. Threat be real and serious
4. Produces a well-grounded fear from the fact that the person from whom it comes has the
necessary means to inflict the threatened injury
Section 419. Transmittal of Settlement and Arbitration. - Award to the 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 to each of the parties to the settlement
and the lupon chairman.
Section 420. POWER TO ADMINISTER OATHS.
The punong barangay, as chairman of the lupong tagapamayapa, and the members of the pangkat
are hereby authorized to administer oaths in connection with any matter relating to all proceedings
in the implementation of the katarungang pambarangay.
Section 421. ADMINISTRATION; RULES AND REGULATIONS.
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 422. APPROPRIATIONS.
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.

Requisites for FRAUD


1. It must have been employed by one contracting party upon the other
2. It must have induced the other party to enter into the contract
3. It must have been serious
4. It must have resulted in damage or injury to party seeking annulment

Migmar Francisco
Diane Uy