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KATARUNGANG

PAMBARANGAY
(Barangay
Justice System)
Local Government Code
(Sec. 399 – 422)
Katarungang
Pambarangay?
 Introduced in 1978
 System of justice
 For resolution of local level disputes
 Free the court with cases
 Provide justice to the poor
 Not judge, but assist
Katarungang Pambarangay
(Barangay Justice System)

Lupong Tagapamayapa

Pangkat ng Tagapagkasundo (Conciliation Panel)


What is the importance of
this seminar?
 More information
Lupong Tagapamayapa
 Punong Barangay
 Lupon members (20-40)
Pangkat Tagapagkasundo

PANGKAT
TAGAPAGKASUND
O

LUPON
PANGKAT
 Pangkat Tagapagkasundo
TAGAPAGKASUND
O

-Pinipili
LUPON -Draw lots
Pangkat Tagapagkasundo

PANGKAT
TAGAPAGKASUND
O

-3 Members
LUPON -Chairman and
Secretary
General Rules

1. NO Lawyers allowed in barangay hearings.


General Rules

2. Not all cases go to the Katarungan Pambarangay.


General Rules

3. Execution may be filed in court.


General Rules

4. The Lupong Tagapamayapa is NOT a court.


Arbitration, Conciliation,
Mediation
Arbitration Conciliation Mediation
Arbitrator Assistance/ Assistance
determines the Negotiation
outcome
No formal rules of There is no There is a
procedure structured process structured process
LUPON

 Functions:

1. Supervise the various


Pangkat.

2. Meet regularly for the


amicable settlements
What cases are NOT
included?
1. One party is the government.
2. One party is a public officer.
3. Offenses punishable by
imprisonment exceeding one (1)
year or a fine exceeding Five
thousand pesos (P5,000.00);
4. No private offended party
5. Real property from different
municipalities
Where is the venue?

 If both parties are residents of the same


barangay, before the lupon of the
barangay.
 Different barangays but in the same
municipality, in the barangay of the
respondent.
 If real property is involved, in the place
of real property.
 If it involves work, in the place of work.
STEPS in the amicable
settlement
Complaint + payment of filing fee.

Punong Barangay

Pangkat Tagapagkasundo

Issuance of summons

Hearing
Amicable Settlement
STEPS in the amicable
settlement Complaint
STEPS in the amicable
settlement Punong Barangay

15 days
STEPS in the amicable
settlementPangkat Tagapagkasundo

15 days
Condition before filing in
court

BARANGAY
Lupong COURT
Tagapamayapa
Direct to the court

BARANGAY
Lupong COURT
Tagapamayapa

1. If the person is already


detained.
2. In case of habeas corpus.
3. There is provisional
remedy.
4. Prescribed
Settlement is final
when?
 Within 10 days

 It must be executed within 6 months.

 Report to the Court.


We have to support the KP!

 Budgetary support

 Justice is free
 Justice is fast

END OF KP
Citizen's Arrest :

Detainment of a person
suspected of having
committed a crime, by a
person other than a police
officer.
The forcible detaining of an
individual suspected of having
committed a crime by a person who is
not a police or otherwise certified
law enforcement officer, such as a
private citizen, a private security
firm employee or a store employee
or cashier, and without the
authority of an arrest warrant
issue from a court of law.
The authority for physically detaining
another person varies from jurisdiction to
jurisdiction but in most cases, involves the
surrender of the suspect to the police as soon as
possible as well as use of only such reasonable
force as is necessary to contain the individual
and prevent escape.
common law rule whereby a private
citizen may effectuate an arrest
under two circumstances: there is a
felony being committed in his
presence, or when a felony has in
fact been committed whether or not
in his presence and the arrester has
reasonable ground (probable
cause) to believe the person he
arrests has committed it; or a
misdemeanor is being committed in the
presence or view of the arrester
which amounts to a breach of the
peace....”
What is a first responders
responsibility?

 The term "first responder" refers


to those individuals who in the
early stages of an incident are
responsible for the protection and
preservation of life, property,
evidence, and the environment,
including emergency response
providers
What does a community
first responder do?
 Community first responders. Our
community first responders are
volunteers who are trained by us
to attend certain types of
emergency calls in the area where
they live or work. Their aim is to
reach a potential life threatening
emergency in the first vital
minutes before the ambulance crew
arrives.
What does Chain of
custody mean?
 Chain of custody (CoC), in legal
contexts, refers to the
chronological documentation or
paper trail that records the
sequence of custody, control,
transfer, analysis, and disposition
of physical or electronic evidence.
Who are the second
responders?
 A second responder is a worker who
supports "first responders" such as
police, fire, and emergency medical
personnel. They are involved in
preparing, managing, returning
services, and cleaning up sites
during and after an event
requiring first responders.
Can hearsay be used as
evidence?
 Some statements are defined as hearsay,
but may nevertheless be admissible as
evidence in court. These statements
relate to exceptions to the general rule
on hearsay. Some (but not all) exceptions
to the hearsay rule apply only when the
declarant is unavailable for testimony
at the trial or hearing.
What are the two types
of evidence?
 The heart of the case is the
presentation of evidence. There
are two types of evidence -- direct
and circumstantial. Direct evidence
usually is that which speaks for
itself: eyewitness accounts, a
confession, or a weapon.
What are examples of
circumstantial evidence?

 In a case of a theft, examples of


circumstantial evidence include:
Evidence of the defendant's
fingerprints at the scene of the
crime. The fact that the defendant
was found with a large amount of
money without being able to give
any reason.
Presented by:

PSIBOB
STEPHEN L
PAGUIRIGAN

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