BY:

ATTY. LLOYD JESON L. ELMACO

City Legal Officer
Local Government of Bais City
 Answer:
The Katarungang Pambarangay Law provides for
the settlement of disputes between individual
residents of the same city or municipality, thru the
process of:
 Mediation
 Arbitration
 Conciliation
*Sections 398 to 421 of RA 7160 or otherwise
known as the Local Government Code of 1991.
 The primordial purpose of the KPL Rules is
to reduce the number of court litigation;
and

 To prevent the deterioration of the quality

of justice in the Philippines.
 Section 412 (a) of RA 7160 requires the
parties to undergo a conciliation process
before the Lupon Chairman or the Pangkat
as a precondition to filing a complaint in
court.
(Lambuan vs. Ronquillo, May 5, 2006, 489 SCRA
650)
 Punong Barangay as Chairman 10 to 20
members

Caveat: The lupon member must be a resident OR

working in the Barangay where he or she wishes to
serve.
 The Barangay Secretary shall concurrently
serve as the secretary of the Lupon.
 3 members

 Chosen by the parties to the dispute from

the list of members of the Lupon.

 Should the parties fail to agree, lots drawn

by the Lupon Chairman shall determine the
composition.
 LUPON OR PANGKAT
MEMBERS SHALL SERVE
WITHOUT COMPENSATION!
 Legal Officer

 Prosecutor
 General Rule:
The Lupon of each Barangay shall have the
authority to bring together the parties actually
residing in the same
municipality or city for
amicable settlement of all
disputes.
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. Offenses punishable by imprisonment
exceeding 1 year or a fine exceeding P5,000;
4. Offenses where there is no private
offended party;
5. Where the disputes involve real properties
located in different cities and municipalities unless
the parties thereto agree to submit their differences
to amicable settlement by an appropriate lupon;

Situation 1:
Land located in Tanjay ------- Party 1 is from Barangay Lo-oc and
Party 2 is from Barangay Basak.

 Situation 2:
Land located in Tanjay ------- Party 1 is from Barangay Lo-oc and
Party 2 is from Barangay Sto. Niño, Tanjay.
6. 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.

adjoining
Barangay 1 (within Tanjay City) -------- Barangay 2 (within Bais City)
person 1 person 2
7. Such other classes of disputes which the
President may determine in the interest of
justice or upon the recommendation of the
Secretary of State.
8. Any complaint by or against corporations,
partnerships, or juridical entities.
9. where urgent legal action is necessary to prevent
injustice from being committed or further continued,
specifically the following:
 A criminal case where the accused is under police custody or
detention;
 A petition for Habeas Corpus
 Actions coupled with provisional remedies
 Labor disputes
 Where the dispute arise from the Comprehensive Agrarian
Reform Law (Sections 46 and 47, RA 6657)
 Actions to annul judgment upon compromise.
 Disputes + parties residing in same
barangay = same Lupon

 Disputes + parties residing in different

barangays within the same City/Municipality
= Lupon where the respondent or any of
the respondents actually reside at the
option of the complainant
 Disputes on Real property + parties residing
in the same City/Municipality = Lupon
where the property is situated OR place
agreed upon by parties
 Answer:
You raise it before the Punong Barangay,
otherwise the same shall be deemed waived.
 Only persons can be impleaded as party to a
Barangay conciliation!!!
 Proceedings open to the Public!
 No Lawyers allowed!!!!!
VERY
A. Payment of the appropriate filing fee may
complain orally or in writing;

B. Mediation conducted by the Lupon

Chairman shall be conducted on the next
working day after summons have been duly
issued to parties and their witnesses;
C. If after 15 days from the first hearing there
has been no agreement reached by the Lupon
Chairman, he shall forthwith set a date for the
constitution of the Pangkat;

D. The Pangkat shall convene not later than 3

days from its constitution;
D. The Pangkat shall arrive at a settlement or
resolution of the dispute within 15 days from
the day it convenes. However, it may be
extendible under meritorious cases;

E. If no settlement was reached, the Lupon

Chairman issues the Certification to File
Action.
 If mediation or conciliation efforts before the Punong
Barangay proved unsuccessful, there having been no
agreement to arbitrate.

 Or when the respondent fails to appear at the mediation

proceeding before the Punong Barangay.

 The Punong Barangay shall not cause the issuance at this

stage of a certification to file action because it is now
mandatory for him to constitute the Pangkat before whom
mediation, conciliation, or arbitration proceedings shall be
held.
Answer:
 It has the force and effect of a final judgment of a court
upon the expiration of 10 days from the date it was
executed;
 Unless repudiated the settlement is repudiated by the
parties within the same 10 day period, consent is
vitiated by force, violence, or intimidation;
 The Lupon may enforce the amicable settlement, which
is not repudiated within the 10-day period, by execution
through the Punong Barangay within the period of 6
months.
 After or in the lapse of 6 months it can
only be enforced through proper action
before the court.
Amicable Settlement ------- 10 days to repudiate
or contest
6 months ------------- can be enforced by the Lupon
beyond 6 months, may enforced only by regular
courts.
 Case 1 –
Si Mr. Cruz usa ka residente sa Barangay Talungon, Bais City. Sa
us aka higayon, gi reklamo ni Mr. Cruz sa Lupon sa iyang
Barangay ang kaso lambigit sa yuta, nga nagsugod sa pag tukod
ni Mrs. Santos ug koral nga milapas sa iyang tugkaran ug dapit
bahin sa yuta ni Mr. Cruz.
 Aduna bai jurisdiction ang lupon sa Barangay Talungon sa kaso?
 Kung mapamatudan nga si Mrs. Santos residente di sa Barangay
Okiot, mahimu bah nga adunai jurisdiction ang Barangay Talungon
sa Kaso?
 Kung mahibalan nga si Mrs. Santos residente di sa Barangay
Poblacion Manjuyod, Negros Oriental, kinsa man ang adunai
jurisdiction sa kaso?
 Case 2 –
Si Pedro, usa ka residente sa Barangay Bahi-an, Tanjay City
ang mi hulga ni Juan nga us aka residente sa Barangay
Tangculogan, Bais City. Ni reklamo si Juan sa lupon sa
Barangay Bahia-an kai kini man ang lugar sa gi reklamo
nga si Pedro. Ang Kapitan nga mao ang lupon chairman ni
balibad sa pag dawat sa maong kaso kai kuno sila walay
jurisdiction.
 Sakto bah ang gi himu sa kapitan?
 Kinsa man nga Barangay, kung naa man kaha, ang
adunay jurisdiction sa kaso?