KATARUNGANG PAMBARANGAY

(Barangay Justice System)

Submitted by:
Group 2
Alecsis Viviene D. Escalante
Coreine Imee B. Valledo
Eric Alcantara
Milagros Resol V. Relucio
Norhanifa L. Disoma
Nilda Tortola
Marites Catayong

Submitted to:
Judge Emmanuel Pastores Pasal
Date:
September 26, 2016

THE Katarungang Pambarangay or Barangay Justice System

INTRODUCTION:
The establishment and operation of the Barangay Justice System is mandated by Republic Act No.
7160 or the Local Government Code of 1991. Prior to this law, however, the establishment of the
Barangay Justice System had been covered by Presidential Decree 1508 in 1978 and Batas Pambansa
Blg. 337 or the 1983 Local Government Code.
When PD 1508 first decreed the setting up of the Barangay Justice System, the law had the following
objectives:
X To promote the speedy administration of justice
X To minimize the indiscriminate filing of cases in courts
X To minimize the congestion of court dockets and thereby enhance the quality of justice dispensed by
the courts
X To perpetuate and recognize the time-honored tradition of amicably settling disputes at the
community level.
Under the Barangay Justice System, the main strategy for settling disputes is to provide a venue for the
disputing parties to search for a solution that is mutually acceptable. Hence, the primary role of the
system is not to decide disputes and impose a solution on the parties but to assist the parties in
discussing the possible amicable settlement of their disputes. The Punong Barangay and the community
conciliators (Lupon members) do not act as judges or adjudicators of disputes but as facilitators for the
disputing parties discussion of possible solutions. For this reason, the personal appearance and
participation of the disputing parties is necessary, while the non-appearance of the parties will have
corresponding sanctions. Also because of the need for the disputing parties personal participation in
the conciliation proceedings, disputes involving nonnatural persons like corporations are not subject to
the conciliation proceedings of the Barangay Justice System.
Simply put, the Barangay Justice System provides a friendly, inexpensive, and speedy forum for the
settlement of disputes where the parties can freely explore options for amicably resolving their disputes
without resorting to the courts.
On the issue of access to justice, the Barangay Justice System provides an accessible mechanism for
resolving the justice issues of the poor. In some areas where the courts are inaccessible, both because of
location and because of the prohibitive costs of litigation, the Barangay Justice System, with all its
limitations, can be the only venue that the poor can avail of for the resolution of their disputes.

THE Katarungang Pambarangay or Barangay Justice System

FLOWCHART:

THE Katarungang Pambarangay or Barangay Justice System

DEFINITION OF TERMS:
1. Adjudication is the power of courts or quasi-judicial agencies to decide cases filed before them and
falling within their jurisdiction.
2. Amicable Settlement is an agreement reached during mediation and conciliation proceedings.
3. Arbitration is a process wherein the third party from outside the judicial system is chosen by parties
to hear and decide their dispute.
4. Arbitration Award is the decision reached by either the lupon chairperson or pangkat, as the case
may be, upon prior agreement in writing by the parites to a dispute for the adjudicators to resolve it.
5. Attachment is a provisional remedy in the form of an order issued by a judge before whom the case
is pending by which the property is taken into legal custody as security for satisfaction of a judgment
obtained by the prevailing party, either at the commencement of the action or any time after the filing
of the case before the final judgment
6. Complainant plaintiff
7. Complaint is a concise statement of ultimate facts constituting the plaintiffs cause and causes of
action.
8. Conciliation is a process wherein the Pangkat forgoes the power to decide or recommend but assist
the parties to isolate issues and options to reach a settlement by consensus that jointly satisfies their
needs.
9. Lupong Tagapamayapa (Lupon) is a body organized in every barangay composed of Punong
Barangay as the chairperson and not less than ten (10) and more than twenty from which the members
of every Pangkat shall be chosen.
10. Mediation is a process wherein the Lupon chairperson or Barangay Chairperson assists the
disputing parties to reach a settlement by consensus that jointly satisfies their needs.
11. Minor is a person below eighteen (18) years of age.
12. Next of Kin is an individual who is a relative or a responsible friend with whom the minor or
incompetent lives.
13. Pangkat Tagapagkasundo (Pangkat) is a conciliation panel constituted from the Lupon
membership for every dispute brought before the Lupon consisting of three (3) members after the
Punong Barangay has failed in his mediation efforts.
14. Preliminary injunction is a provisional remedy in the form of an order issued by a judge before
whom the case is pending at any stage before the final judgment requiring a person to refrain from a
particular act.

THE Katarungang Pambarangay or Barangay Justice System

15. Repudiation is an act of rejecting the validity or refusing to accept the terms and conditions of
agreement on the ground of vitiation of consent by fraud, violence or intimidation.
16. Respondent defendant
17. Statute of Limitations is the law which bars or does not allow the institution or filing of an action
or case against another after the expiration of the period prescribe d for such action or offense
18. Support Pendente Lite is a provisional remedy in a form of an order issued by a judge before
whom the case is pending granting allowance, dwelling, clothing, education and medical attendance to
the person entitled thereof.
19. Venue is the place where the case is to be heard and decided. This is not fixed by law except in
criminal cases, and can be agreed upon by the parties.

THE Katarungang Pambarangay or Barangay Justice System

WHO ARE QUALIFIED TO BE MEMBERS OF THE LUPON?

ANYBODY WHO IS AN ACTUAL RESIDENT OR WORKING IN THE BARANGAY, OF LEGAL
AGE AND POSSESSES THE FOLLOWING QUALITIES: INTEGRITY, IMPARTIALITY,
INDEPENDENCE, FAIRNESS, REPUTATION FOR PROBITY, PATIENCE, RESOURCEFULNESS,
OPEN-MINDEDNESS AND FLEXIBILITY, CAN BE A MEMBER OF THE LUPON.

THE Katarungang Pambarangay or Barangay Justice System

FORMS:
1. KP FORM # 1: NOTICE TO CONSTITUTE THE LUPON

THE Katarungang Pambarangay or Barangay Justice System

2.

THE Katarungang Pambarangay or Barangay Justice System

CASES UNDER KATARUNGANG PAMBARANGAY

THE Katarungang Pambarangay or Barangay Justice System

GENERAL RULE:
The general rule is that the Lupon Tagapamayapa (Committee for Peace) 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. So, provided they do not fall under the exceptions, all disputes must first be
submitted for possible conciliation at the barangay level, before any court or other government body
can take jurisdiction.
EXCEPTIONS:
Naturally, there are cases that are best handled by the courts, the Office of the Ombudsman, the
National Labor Relations Commission, the Securities and Exchange Commission, etc. So we have
exceptions to the general rule above, which are:
1.Where one party is the government, or any subdivision or instrumentality thereof;
2.Where one party is a public officer or employee and the dispute relates to the
performance of his official functions;
3.Where the dispute involves real properties located in different cities and
municipalities, unless the parties thereto agree to submit their difference to amicable
settlement by an appropriate Lupon;
4.Any complaint by or against corporations, partnerships or juridical entities, since only
individuals shall be parties to Barangay conciliation proceedings either as complainants
or respondents [Sec. 1, Rule VI, Katarungang Pambarangay Rules];
5.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;
6.Offenses for which the law prescribes a maximum penalty of imprisonment exceeding
1 year or a fine of over P5,000.00;
7.Offenses where there is no private offended party;
8.Disputes where urgent legal action is necessary to prevent injustice from being
committed or further continued, specifically the following:
a.
Criminal cases where accused is under police custody or detention;
b.
Petitions for habeas corpus by a person illegally deprived of his rightful custody over another or a
person illegally deprived of or on acting in his behalf;
c. Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of
personal property and support during the pendency of the action; and

THE Katarungang Pambarangay or Barangay Justice System

d.

Actions which may be barred by the Statute of Limitations.

9.Any class of disputes which the President may determine in the interest of justice or
upon the recommendation of the Secretary of Justice;
10.Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL)
[Secs. 46 & 47, R. A. 6657];
11.Labor disputes or controversies arising from employer-employee relations [Montoya
vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended], which grants
original and exclusive jurisdiction over conciliation and mediation of disputes,
grievances or problems to certain offices of the Department of Labor and Employment];
12.Actions to annul judgment upon a compromise which may be filed directly in court
[Sanchez vs. Tupaz, 158 SCRA 459];
13.Where the dispute involves members of the same indigenous cultural community,
such dispute shall be settled in accordance with the customs and traditions of that
particular cultural community, or where one or more of the parties to the aforesaid
dispute belong to the minority and the parties mutually agreed to submit their dispute to
the indigenous system of amicable settlement [Sec. 412 [c], R.A. 7160]

A court in which non-criminal cases not falling within the authority of the Lupon are filed, at any time
before trial, may motu proprio refer the case to the Lupon concerned for amicable settlement. [Sec. 408
[g], 2nd par.]
The courts are strict about these rules. 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 (1) there has been a confrontation between the parties before
the Punong Barangay or the Pangkat, and that (2a) 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 (2b) the settlement has been repudiated by the parties thereto.
Cases filed in court without first going through barangay conciliation when required may be dismissed
upon motion of defendant/s for failure to state a cause of action or prematurity.

THE Katarungang Pambarangay or Barangay Justice System

VENUE:
So exactly with which Lupon should one file a complaint?
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 (Lupon
Chairman); otherwise, they are deemed waived. Any legal question which may confront the punong
barangay in resolving objections to venue may be submitted to the Secretary of Justice, or his duly
designated representative, whose ruling shall be binding.

THE Katarungang Pambarangay or Barangay Justice System

FORMS:
1. COMPLAINANTS FORM

THE Katarungang Pambarangay or Barangay Justice System

2. NOTICE OF HEARING

THE Katarungang Pambarangay or Barangay Justice System

3. SUMMON FOR THE RESPONDENT

THE Katarungang Pambarangay or Barangay Justice System

4. AMICABLE SETTLEMENT

THE Katarungang Pambarangay or Barangay Justice System

5. NOTICE FOR CONSTITUTION OF PANGKAT

THE Katarungang Pambarangay or Barangay Justice System

6. SUBPOENA LETTER

THE Katarungang Pambarangay or Barangay Justice System

7. NOTICE OF HEARING FOR COMPLAINANT

THE Katarungang Pambarangay or Barangay Justice System

8. NOTICE OF HEARING FOR RESPONDENT

THE Katarungang Pambarangay or Barangay Justice System

9. CERTIFICATE TO FILE ACTION (FROM LUPON SECRETARY)

THE Katarungang Pambarangay or Barangay Justice System

PROCEDURE
Mediation by the Punong Barangay / Lupon Chairman
1.Upon payment of the appropriate filing fee (not less than P5.00 nor more than P20.00)[8], any
individual who has a cause of action against another may complain, orally or in writing, to the
Punong Barangay.
2.Upon receipt of the complaint, the Punong Barangay 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 not later than 5 days from date thereof[9] for mediation of their conflicting
interests.
3.The respondent shall answer the complaint, orally or in writing, by denying specifically the
material averments of the complaint and/or alleging any lawful defense. He may also interpose
a counterclaim against complainant, a cross-claim against a co-respondent or a third-party
complaint against one not yet a party to the proceedings.[10]
4.Upon successful conclusion of his mediation effort, the Punong Barangay shall reduce to
writing in a language or dialect known to the parties the terms of the settlement agreed upon by
them, have them sign the same, and attest to its due execution.[11]
5.If the Punong Barangay fails in his mediation efforts within 15 days from the first meeting of
the parties before him, or where the respondent fails to appear at the mediation proceeding
before the Punong Barangay[12], he shall set a date for the constitution of the Pangkat
Tagapagkasundo[13] (Panel for Conciliation).

Conciliation by the Pangkat Tagapagkasundo

6.The Pangkat shall convene not later than 3 days from its constitution, on the day and hour set
by the Punong Barangay, to hear both parties and their witnesses, simplify issues, and explore
all possibilities for amicable settlement. The Pangkat may also issue summons for the personal
appearance of parties and witnesses.
If a party moves to disqualify any member of the Pangkat by reason of relationship, bias, interest, or
any other similar grounds, 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 vacancy shall be
filled by drawing lots [See Sec. 404, R.A. 7160].

THE Katarungang Pambarangay or Barangay Justice System

7.Respondent's refusal or willful failure to appear without justifiable reason before the Pangkat,
as determined by the latter after notice and hearing, shall be a sufficient basis for the issuance of
a certification for filing complainant's cause of action in court or with the proper government
agency or office.[14]
8.The Pangkat shall arrive at a settlement or resolution of the dispute within 15 days from the
day it convenes. This period shall, at the Pangkats discretion, be extendible for another period
which shall not exceed 15 days, except in clearly meritorious cases.
Informal but Orderly Proceedings
The Punong Barangay and the Pangkat shall proceed to hear the matter in dispute in an informal but
orderly manner, without regard to technical rules of evidence, and as is best calculated to effect a fair
settlement of the dispute and bring about a harmonious relationship of the parties.
Proceedings before the Punong Barangay shall be recorded by the Lupon Secretary while those before
the Pangkat shall be recorded by the Pangkat Secretary. The record shall note the date and time of
hearing, appearance of parties, names of witnesses and substance of their testimonies, objections and
resolutions, and such other matters as will be helpful to a full understanding of the case.
Public Proceedings
All proceedings for settlement shall be public and informal but the Punong Barangay 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.
Personal Appearance; No Lawyers
In all 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.
Total ban. Sweet.
Sanctions for Failure to Appear
In case a party fails to appear for mediation, the Punong Barangay / Pangkat Chairman shall set a date
for the absent party/ies to appear before him to explain the reason for the failure to appear.
If the Punong Barangay / Pangkat Chairman finds after hearing that the failure or refusal of the
complainant to appear is without justifiable reason, he shall (1) dismiss the complaint; (2) direct the
issuance of and attest to the certification to bar the filing of the action in court or any government
THE Katarungang Pambarangay or Barangay Justice System

office; and (3) apply with the local trial court for punishment of the recalcitrant party as for indirect
contempt of court.
In case of similar willful failure or refusal of the respondent to appear for mediation before the Punong
Barangay / Pangkat Chairman (as may be applicable), the latter shall: (1) dismiss the respondent's
counterclaim; (2) direct the issuance of and attest to the certification (i) to bar the filing of respondent's
counterclaim in court/government office, and if already under conciliation, (ii) to file complainant's
action in court/government office; (3) apply with the local trial court for punishment of the recalcitrant
party as for indirect contempt of court; and (4) if still under mediation, the Punong Barangay shall set a
date for the parties to appear before him for the constitution of the Pangkat.
The Punong Barangay shall apply, in similar manner, for the punishment of a recalcitrant witness who
willfully fails or refuses to appear, as for indirect contempt of court.
Suspension of Prescriptive Period
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 certificate of
repudiation or of the certification to file action issued by the Lupon or Pangkat Secretary. Such
interruption, however, shall not exceed 60 days from said filing of the complaint.
Repudiation of Settlement
Any party to the dispute may, within 10 days from the date of the settlement, repudiate the same by
filing with the Punong Barangay 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 in court or any government office. Failure to repudiate the
settlement within the aforesaid time limit shall be deemed a waiver of the right to challenge on said
grounds.
Settlement as Final Judgment
The amicable settlement and arbitration award shall have the force and effect of a final judgment of a
court upon the expiration of 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.
Except that in cases where the court motu proprioreferred a non-criminal case to the Lupon which is
not within the latters jurisdiction, the compromise settlement agreed upon shall first be submitted to
the court and upon approval thereof, have the force and effect of a judgment of said court.
THE Katarungang Pambarangay or Barangay Justice System

PROPERTIES EXEMPTED FROM EXECUTION

THE Katarungang Pambarangay or Barangay Justice System

FORMS:
1. MOTION FOR EXECUTION

THE Katarungang Pambarangay or Barangay Justice System

2. NOTICE OF EXECUTION

THE Katarungang Pambarangay or Barangay Justice System

EXECUTION
The amicable settlement or arbitration award may be enforced by execution by the Lupon within 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.
The secretary of the Lupon shall transmit the settlement or the arbitration award to the appropriate city
or municipal court within 5 days from the date of the award or from the lapse of the 10-day period
repudiating the settlement and shall furnish copies thereof to each of the parties to the settlement and
the Punong Barangay.
The Katarungan Pambarangay law is embodied in the Local Government Code and thus comes part of
the governments hopes for decentralization and local government empowerment and the aim of
providing accessible and non-adversarial dispute resolution. And in the pursuit of these hopes and aims,
lawyers are deemed an obstruction.

THE Katarungang Pambarangay or Barangay Justice System

ARBITRATION
CAN TAKE PLACE AT ANY STAGE OF THE PROCEEDINGS AS LONG AS BOTH PARTIES
AGREE IN WRITING TO ABIDE BY THE ARBITRATION AWARD OF THE LUPON OR THE
PANGKAT. IN OTHER WORDS, EITHER THE LUPON CHAIRPERSON OR PUNONG
BARANGAY OR THE PANGKAT CHAIRPERSON CAN ACT AS AN ARBITRATOR.
IN MEDIATION OR CONCILIATION, THE LUPON CHAIRPERSON OR PANGKAT SIMPLY
ASSISTS THE PARTIES IN DEFINING ISSUES AND EXPLORING SOLUTIONS TO DEVELOP A
MUTUALLY ACCEPTED SETTLEMENT. 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.

THE Katarungang Pambarangay or Barangay Justice System