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OVERVIEW
The Lupon members meet monthly 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 conciliation panel members to share with one another
their observations and experiences in effecting speedy resolution of disputes.
APPLICABLE LAWS
1. Determine, within 15 days from the start of his term, the actual number of
members that will constitute the lupon and take into consideration the barangay
population and the volume of disputes preciously brought for conciliation in his
barangay.
Preparation of notice
2. Prepare a notice to constitute the lupon within the above mentioned period,
which shall include the names of proposed members who are residing or working
in the barangay, not otherwise expressly disqualified by law.
The list of names shall be atleast five (5) more than the actual number previously
determined. The notice shall contain an invitation to the barangay members
(residents) to endorse or oppose the proposed appointment of any person included
in the list, in which endorsement, opposition or recommendation shall be made
within the period of posting.
3. Post said notice in three (3) conspicuous places within the barangay for a period
or not less than three (3) weeks.
Appointment
4. Appoint not less than 10 nor more than 20 suitable persons as lupon members
from the list of names contained in the notice within 10 days from the last day of
posting, after considering endorsements of or opposition to the proposed
appointees and recommendations for the appointment of other persons not
included in the list. He shall likewise appoint immediately a qualified person to
any vacancy that may thereafter occur in the lupon for any cause.
Oath of Office
5. Swear the appointees into office, sign their appointment papers, and have them
attested to by the barangay secretary.
6. Post the list of appointed lupon members in three (3) conspicuous places in the
barangay for the entire duration of their terms of office.
7. Withdraw the appointment of any lupon member for justifiable cause with
concurrence of a majority of all members.
Note: The appointment of the lupon members is the exclusive prerogative of the
Punong Barangay – no need for approval, confirmation or ratification of the
Sangguniang Barangay.
A lupon member holds office until a new lupon is constituted on the third year
following his appointment unless sooner terminated.
1. Resignation;
2. Transfer of residence or place or work; or
3. Withdrawal of appointment by the punong barangay with concurrence of the
majority of all the members of the lupon.
IMPORTANCE
In order to reduce the load of the lower courts, local committees of barangay
residents called Lupong tagapamayapa is organized to effect extrajudicial settlement of
minor cases between barangay residents. In each lupon is a Pangkat Tagapagkasundo,
the function of which is to bring opposing parties together and effect amicable
settlement of differences.
The lupon is necessary to meet the object of the Katarungang Pambarangay Law
which is the amicable settlement of disputes through conciliation proceedings voluntarily
and freely entered into by the parties. 3
ADVANTAGES
DISADVANTAGES
3
Pang-et v. Dao-as, G.R. 167261, March 2, 2007
4
Supra.
5
Ibid.
6
Aquino, R. Five Municipal Case Studies on the Philippine Barangay (Village) Mediation System. Mediators Network
for Sustainable Peace, Inc., Philippines
3. There are very little training opportunities available. This may be traced to the
lack of inter-agency clarity on which Department is responsible for the training
and supervision of the Barangay Justice System.
4. Confidentiality is rarely protected and observed. The processes are mostly open
to the public, unless the parties request closed-door sessions or unless the
barangay captain or lupon members decide otherwise.