LEGAL PERSPECTIVE OF THE LUPONG TAGAPAMAYAPA

OVERVIEW

The Lupong Tagapamayapa is a group of 10 or 20 people, selected by the

punong barangay, who possess integrity, impartiality, independence of mind, sense of
fairness, and reputation for probity.1

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

RA 7160, Local Government Code of 1991

Administrative Circular No. 14-93 (Guidelines on the Katarungang Pambarangay

Conciliation Procedure)

COMPOSITION OF THE LUPONG TAGAPAMAYAPA

The Lupong Tagapamayapa is composed of:

1. The Punong Barangay, as chairman; and

2. Ten (10) to twenty (20) members2

FUNCTIONS OF THE LUPON

1. Exercise administrative supervision over conciliation panels (pangkat ng

tapagkasundo).
2. Meet regularly once a month to provide a forum for the 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 resolutions to
disputes.
3. Hear and decide on the withdrawal of appointment of a member of the lupon.
4. Enforce by execution, through the punong barangay, the settlement or arbitration
award.
5. Exercise such other powers and perform such other duties and functions as may
be prescribed by law or ordinances.
1
Martinez, Antonio. Community Involvement in the Courts. Philippine Judicial Academy
FORMATION OF THE LUPON

The punong barangay as lupon chairman shall:

Determination of the members

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.

QUALIFICATIONS AND DISQUALIFICATIONS OF THE MEMBERS OF THE LUPON

Any person who is:

1. An actual resident or working in the barangay;

2. Of legal age; and
3. Possess the following qualities:
a. Integrity;
b. Impartiality;
c. Independence;
d. Fairness;
e. Reputation for probity;
f. Patience;
g. Resourcefulness;
h. Open-mindedness; and
i. Flexibility.

Who are disqualified to be lupon members?

1. Below 18 years of age

2. Incompetent
3. Convicted of a crime carrying with it penalties of perpetual or temporary
disqualification from holding public office
4. Elected government official
5. Member of armed forces who is in the active service.

LUPON MEMBERS’ TERM OF OFFICE

A lupon member holds office until a new lupon is constituted on the third year
following his appointment unless sooner terminated.

Term is terminated by:

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.

Note: A lupon member’s appointment can be withdrawn by the punong barangay

after due hearing and with the concurrence of a majority of all the Lupong
 Tagapamayapa members, a lupon member’s appointment may be withdrawn on the
grounds of incapacity to discharge the duties of his office or unsuitability.

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

1. Addressing disputes before the lupong tagapamayapa will encourage the

parties to settle their disputes without enduring the rigors of court litigation.
2. This committees are charged with activating and promoting the Barangay
Justice Support System4
3. Increased use of the Barangay Justice System through the Lupong
Tagapamayapa will promote greater peace and harmony5

DISADVANTAGES

A study6 shows that:

1. The composition of the Lupon Tagapamayapa becomes moot and irrelevant

question because of the process of selection by the punong barangay who
selects from among community members; more often than not these are former
barangay officials who lost in the elections, the most oft-repeated reason being
they are already familiar with barangay governance. Very rarely do people
volunteer to become members of the Lupon.
2. When most members of the Lupong Tagapamayapa is predominantly male, this
composition have an implication on access to justice for women and her children.
Women will hesitate to bring their cases to predominantly male tribunal especially
if the respondent is a male. On cases involving family matters, women would
rather seek out other women to confide in and bring their troubles to.

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.