Katarungang Pambarangay

1. 1. What is conciliation?1. To overcome the distrust or

animosity of; appease.2. To regain or try to regain (friendship
or goodwill) by pleasant behavior.3. To make or attempt to
make compatible; reconcile.
2. 2. What is mediation? Mediation, a form of alternative dispute
resolution (ADR), aims to assist two (or more) disputants in
reaching an agreement.

3. 3. What is arbitration? Arbitration is a legal technique for the

resolution of disputes outside the courts, wherein the parties
to a dispute refer it to one or more persons (the "arbitrators",
"arbiters" or "arbitral tribunal"), by whose decision (the
"award") they agree to be bound.
4. 4. What is repudiation?The refusal to acknowledge a contract
or debt.

5. 5. What is the essence of KatarunganBarangay? The essence

of the Katarungang Pambarangay Law is the amicable
settlement of disputes wherein the disputing parties are
encouraged to make mutual concessions to obtain a peaceful
lresolution of the dispute without formal adjudication thereof.
The important consideration in amicable settlement is the
extent to which the parties are willing to compromise their
respective claims against each other within the limits imposed
by law, morals, good customs, public order and public policy.
(DOJ Opinion No. 185, s. 1981)

6. 6. What is essence of Katarungan Barangay? The barangay

settlement procedures are intended as a screening process
whereby the barangay captain and the pangkat ng
tagapagkasundo, the conciliation panel constituted from the
lupon membership, determine which cases are truly
irreconcilable and should therefore be resolved judicially
(DOJOpinion No. Ill, s. 1982)

7. 7. What is the procedure for amicable settlement?

8. 8. What is the procedure for amicable settlement? Mediation
by the 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 theme
and their witness to appear before him for a 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.

9. 9. What is the procedure for amicable settlement? 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 of the complaint with the punong
barangay. The prescriptive periods shall resume upon receipt
by the complainant of the complaint 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 filling of
the complaint with the punong barangay.

10.
10. What is the procedure for amicable settlement?
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.
11.
11. What is the procedure for amicable settlement? In the
event that a party move 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 decied upon, the resulting vacancy
shall be filled as herein provided for.
12.
12. What is the procedure for amicable settlement?
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. (Section 410)

13.
13. What are the objectives of barangay conciliation
procedure? The barangay system of dispute resolution is an
institutionestablished through P.O. 1508for the purpose of
shifting or egregating cases which can bepeaceably or
amicably settled between the parties and those which are truly

irreconcilable as to require formal adjudication before the

courts or other government offices.
14.
14. What are the objectives of barangay conciliation
procedure? The former type of cases are prevented from
reaching the egular courts of justice or government offices
performing adjudicatory functions the dockets of which are
thereby relieved of congestion of pending cases. (DOl Opinion
No. 10, s.1982)

15.
15. What are the objectives of barangayconciliation
procedure? Speedy Administration of Justice An essential
objective of the Katarungang Pambarangay Law is the
promotion of the speedy administration of justice. (DOT
Opinion No. 26, s. 1982)
16.
16. What are the objectives of barangay conciliation
procedure? Alternative to Litigation The primary purpose of
P.D. 1508, (now, Chapter 7, Title One, Book III, Local
Government Code) is to provide the conciliation mechanism as
an alterative to litigation in dispute settlement, to members of
the responding barangay who are actually residing therein.
(Bejer v. Court of Appeals, 169 SCRA 566, 572, Jan, 27, 1989)

17.
17. What are the objectives of barangay conciliation
procedure? Peaceful and Friendly Settlement One of the
purposes of the Katarungang Pambarangay Law is to relieve
trial courts of cases among neighbours that hopefully can be
settled through the mediation of their peers in peaceful and
friendly confrontations. (Ramos v. Court of Appeals. 174 SCRA
690, 695, June 30, 1989)

18.
18. What are the objectives of barangay conciliation
procedure? By compelling the disputants to settle their
differences through the intervention of the barangay leader
and other respected members of the barangay, the animosity
generated by protracted court litigations between members of
the same political unit, a disrupted factor toward unity and
cooperation is avoided. (Morata v. Go, 125 SCRA 444, 449,
Oct. 27, 1983)

19.
19. What are the objectives of barangay conciliation
procedure? Perpetuate Tradition and Culture The term
"barangay level" distinguishes the system instituted by P.O. No.
1508 (now in LGC) for the purpose of perpetuating and giving
official recognition to our time-honored tradition of resolving
disputes among family and barangay members from the court
system which performs the same function of resolving disputes
or controversies, but through formal and technical rules of
procedure. (DOJ Opinion No. 87, S. 1981)
20.
20. What are the objectives of barangay conciliation
procedure? Interest of Public Peace and Order While it is
conceded that the State has the sovereign right to prosecute
criminal offenses and that the fiscal has the full control in
public prosecution, P.O. No. 1508 (now in LGC) stays the
prosecuting arm of the government in cases of light offenses
and allows the parties to settle their differences in the larger
and greater interest of public peace and order. (People v.
Caruncho, 127 SCRA 16, 31, Tan. 23, 1984)

21.
21. How is the lupon different from the barangay
council? The barangay council is the barangays law- making
body, created under the Revised Barrio Charter, R.A. 3590, as
amended. The lupong tagapayapa is the council created under
P.O. 1508. The lupon is a conciliation body separate and
distinct from the barangay council or sanggunian. (DOJ
Opinion No. 43, s. 1982)
22.
22. What are the provisions of the Katarungan
Pambarangay under R.A. 7160? There is hereby created in
each barangay a lupong tagapamayapa, hereinafter referred to
as the lupon, composed of the Punong Barangay as Chairman
and the Ten (10) to Twenty (20) members. The lupon shall be
constituted every three (3) years in the manner provided by
law.

23.
23. What are the provisions of the Katarungan
Pambarangay under R.A. 7160? 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.
24.
24. What are the provisions of the Katarungan
Pambarangay under R.A. 7160? 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.

25.
25. What are the provisions of the Katarungan
Pambarangay under R.A. 7160? The punong barangay, taking
into consideration any opposition to the proposed appointment
or any recommendations for appointments 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 therefore. Appointments shall be in writing, signed
by the punong barangay, attested to by the barangay secretary.
26.
26. What are the provisions of the Katarungan
Pambarangay under R.A. 7160? 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 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.

27.
27. What are the functions of the lupon? The function of
the lupon tagapayapa is primarily conciliatory not
adjudicative. (DOJ Opinion No. 64, s. 1982)
28.
28. What are the functions of the lupon? The lupon shall:
a. Exercise administrative supervision over the conciliation
panels provided in the Code. b. Meet regularly once a month to
provide a forum for 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. c.
Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.

29.
29. What is the scope of the lupon powers? The Lupon
Tagapamayapa is an administrative body. It has only such
powers and functions as are conferred on it expressly or by
necessary implication by the law that created it. (DOJ Opinion
No. 100, s. 1979 and No. 29, s. 1984)
30.
30. Who will be the ex-officio chairman of the lupon? The
punong barangay (barangay captain) is ex officio chairman of
the lupon of his barangay by express provision of P.O. 1508.
Upon him alone devolves ipso facto the powers and duties of
the chairman of the lupon, namely: to constitute the lupon; to
mediate and arbitrate disputes; to constitute the pangkat ng
tagapagkasundo; and to perform miscellaneous duties relative
to the regular monthly meetings of the lupon. (DOJ Opinion
No. 67, s. 1981)

31.
31. Who will take over if the ex-officio chairman is not
available? The most senior councilman succeeds to substitute
for the punong barangay in case the latter ceases to hold office
or is unable to perform his duties under the Katarungang
Pambarangay Law. If said senior councilman likewise ceases to
hold office or is unable to perform said duties, the process of
succession successively devolves upon the other councilmen in
the order of their seniority. (DOJ VUUlLUrIS No. 67, s. 1981
and No. 107, s. 1983)
32.
32. What is improper substitution? Without conducting a
personal confrontation of the parties before him for mediation,
the punong barangay instead, referred the case to a lawyer
who acted thereon purportedly as a "pangkat chairman."

Under the circumstances the assumption by the said lawyer of

the position of chairman of the pangkat ng tagapagkasundo
was devoid of legal basis because of the non-compliance with
the statutory requirement of personal confrontation of the
parties before the punong barangay as provided under Section
4 (b) of P.O. 1508, and with the procedure prescribed by the
law for the selection of pangkat chairman

33.
33. What is improper substitution? Moreover, it does not
appear that said lawyer is a senior member of the barangay
council who can substitute for the punong barangay as lupon
chairman. Only members of the sangguniang barangay, in the
order of their seniority, can succeed to or substitute for, the
punong barangay as lupon chairman. (DOl Opinion No. 341 s.
1984)
34.
34. What is the territorial limits of lupon ? The authority
of every lupon constituted for a particular barangay is coextensive with the territorial limits of said barangay. Thus, the
lupon may not exercise its authority outside the territorial
confines of its own barangay. (DOJ Opinion No. 13, s.1980)

35.
35. Who shall act as Secretary of the Lupon? The
Barangay Secretary shall concurrently serve as the secretary
of the Lupon (Section 403)
36.
36. What are the funtions of theSecretary? 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.

37.
37. Describe Pangkat ng tagapagkasundo. There shall be
constituted for each dispute brought before the lupon a
conciliation panel to be known as the pangkat ng
tagapagkasundo, hereafter reffered 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.
(Section 404, a) Should the parties fail to agree on the pangkat
membership, the same shall be determined by lots drawn by
the lupon chairman.
38.
38. Describe Pangkat ng Tagapagkasundo. 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 serves notices to the parties concerned.
(Section 404, b) The lupon secretary shall issue certified true
copies of any public record in his custody that is not by law
otherwise declared confidential. (Section 404)

39.
39. How to fill-up vacancies in the Pangkat? Any vacancy
in the pangkat shall be chosen by the parties to the dispute
from the 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.

40.
40. The choice of Pangkat members. The choice of
pangkat members is the parties prerogative. The rationale for
this procedure is that the parties would be better disposed to
amicably settle their dispute before a conciliation panel whose
members are freely chosen by them. (DOl Opinions No. 262, s.
1982 and No. 34, s. 1984)

41.
41. Characterize the Office and Service of Lupon
Members. The 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.
(Section 406, a)
42.
42. Characterize the Office and Service of Lupon
Members. The lupon or pangkat members shall serve without
compensation, except as provided for in Section 393 and
without prejudice to incentives as provided for a system of
granting economic or other incentives to the lupon or pangkat
members who adequately demonstrate the ability to
judiciously and expeditiously resolves 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 406, b)

43.
43. Who shall render legal advice on matters involving
questions of law? The provincial, city legal officer or prosecutor
or the municipal legal oficer 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 407)
44.
44. Enumerate the exceptions for amicable settlement.
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; c. Offenses punishable by imprisonment
exceeding one (1) year or a fine of Five thousand (P5, 000.00);

45.
45. Enumerate the exceptions for amicable settlement. d.
Offense where there is no private offended party; 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 barangay 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;
46.
46. Enumerate the exceptions for amicable settlement.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, non proproi refer the case to the lupon concerned for
amicable settlement. (Section 408)

47.
47. Where will the conciliation will be held? 1. Disputes
between persons actually residing in the same barangay shall
be brought for amicable settlement before the lupon of said
barangay.2. 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
complainant.3. All disputes involving real property or any
interest therein shall be brought in the barangay where are
real property or the larger portion thereof is situated.
48.
48. Where will the conciliation will be held?4. 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.5. 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
409)

49.
49. Who may initiate proceedings foramicable settlement?
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. (Section 410)

50.
50. How will the settlement be recorded? 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 or
dialect known to them. (Section 411)

51.
51. Is conciliation proceedings a pre-condition to the
filing of complaint in court? Yes. No complaint, petition, 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
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 as attested to
by the lupon chairman or pangkat chairman or unless the
settlement has been repudiated by the parties thereto. (Section
412)
52.
52. Is conciliation proceedings a pre-condition to the
filing of complaint in court? However, the parties may go
directly to court if: 1. Where the accused is under detention; 2.
Where a person has otherwise been deprived of personal
liberty calling for habias corpus proceeding; 3. Where actions
are coupled with the provisional remedies such as preliminary
injunction, attachment, delivery of personal property, and
support pedente lite; and

53.
53. Is conciliation proceedings a pre-condition to the
filing of complaint in court?4. Where the action may otherwise

be barred by the statute of limitations.5. 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.
54.
54. The parties may, at any stage of the proceeding,
agreein writing that they shall abide by the arbitration award
of the lupon chairman or the pangkat. Suchagreement 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 afterthe lapse of the period for repudiation and
within ten(10) days thereafter. (Section 413)

55.
55. How will the written agreement be written? 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. (Section 413)
56.
56. Will the proceeding will be open to the public? 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 propio or upon
request of a part, exclude the public from the proceeding in
the interest of privacy, decency, or public morals (Section 414)

57.
57. Who should be present during conciliation? In all
katarungang pambaranagay 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. (Section
415)
58.
58. The 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
municipality court. (Section 416)

59.
59. The effect of amicable settlement and arbitration
award. 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 settlement agreed
upon by the parties before the lupon chairman or the pangkat
chairman shall be submitted to the court and upon approval
thereof, have the force and effect of a judgment of said court.
60.
60. When will the amicable settlement and arbitration
award will be enforced? 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. (Section 417)

61.
61. Can any member of the party still repudiate even
after the settlement? 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 filling a complaint
as hereinabove provided. (Section 418)
62.
62. Who will transmit the settlement or the arbitration
award to 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 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 each of the parties to the
settlement and the lupon chairman. (Section 419)

63.
63. The punong barangay, as chairman of the
lupongtagapamayapa, and the members of the pangkat are
hereby authorized to administer oaths in connectionwith any
matter relating to all proceedings in theimplementation of the
katarungng pambarangay.(Section 420)
64.
64. Who will implement the administration and rules and
regulation of the katarungan pambarangay? 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 421)

65.
65. Who will provide the budget of the katarungan
pambarangay? 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. (Section 422)