Sample Format of Thesis Manuscript

BULACAN STATE UNIVERSITY - COLLEGE OF LAW 1
PROPOSED THESIS TITLE
A Thesis Proposal Presented to the College of Law
Bulacan State University
In Partial Fulfillment of the Requirements of the Degree
Juris Doctor (with Thesis Program)
By
NAME OF RESEARCHER
December 2019
Certification of English Critic

Republic of the Philippines
BULACAN STATE UNIVERSITY
College of Law
Guinhawa, City of Malolos, 3000, Bulacan
English Editing Certification Form
This is to certify that I have edited this thesis/dissertation manuscript entitled:
___________________________________________________________________
___________________________________________________________________
____________________________________________________________________
Prepared by:
Name of Researcher____
_____________________
_____________________
and have found it thorough and acceptable with respect to grammar and composition.
Reviewed by:
Name of Gramarrian:_________________
Designation/Affiliation:_______________
Contact Number:_____________________
Date:_______________________________
ABSTRACT
The Katarungang Pambarangay (KP) Law aids the reduction of number of filing
of cases in various Municipal Trial Courts (MTC) that leads to congestion of court
dockets. Its essence is to promote speedy administration of justice, to decongest the
courts from cases and to provide a peaceful and harmonious resolution of conflicts within
the barangay instead of adversarial proceedings in the courts.
This study will thoroughly analyze the effectiveness of the Revised Katarungang
Pambarangay Law under Republic Act (R.A) No. 7160, otherwise known as the Local
Government Code of 1991 in Barangay Taboc in the decongestion of cases of the
Municipal Trial Court of Angat, Bulacan.
The researcher aims to analyze the number of complaints handled by the Lupon of
Barangay Taboc were filed before the Municipal Trial Court of Angat in the year 2013 –
2018. It also aims to determine the effectiveness of the Katarungang Pambarangay Law
in the decongestion of cases of the MTC and the
possible effects of the Katarungang Pambarangay Law to the Municipal Trial Court of
Angat.
The researcher used both the descriptive and analytical method of research to
obtain significant information in this study.
This study will include the Barangay Captain, members of the Lupon
Tagapamayapa (Lupon), complainants and residents in Barangay Taboc and municipal

Trial Court (MTC) Judge as well as its Clerk of Court in Angat, Bulacan.
TABLE OF CONTENTS
TITLE PAGE …………………………………………………………………………. …i

CERTIFICATION OF ENGLISH EDITING ………………………………………….ii
ABSTRACT……………. ……………………………………………………………….iii
TABLE OF CONTENTS ……………………...……………………………………… .iv
CHAPTER 1……………………………………………………………………………...1
I. Historical Background
………………………………………………………………..1
II. Statement of the Problem 13
A. Major Problem of the Study 13
B. Minor Problem/s of the Study 13
C. Objective of the Study 13
D. Significance of the Study 14
E. Scope and Limitation 17
F. Definition of Terms 18
G. Abbreviations 20
CHAPTER 2 21
REVIEW OF RELATED LITERATURE AND STUDIES 21
I. Review of Related Literature 21
1. Similar Courts in Other Countries ………………………………
II. Review of Related Study 31
AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991….......34
CASES UNDER KATARUNGANG PAMBARANGAY 42

CIRCULAR NO. 14-93 July 15, 1993 59
CHAPTER 3 69
RESEARCH DESIGN AND METHODOLOGY 69
I. Research Design 69
II. Research Methodology 70

CHAPTER 1
INTRODUCTION
I. Historical Background
The barangays are the smallest political subdivisions in the Philippines. The
Katarungang Pambarangay (KP) or Barangay Justice System (BJS) is an alternative,
community-based mechanism for dispute resolution of conflicts between members of the
same community.1
The Barangay Justice System provides a venue for disputing parties to search for
a mutually acceptable solution. Other members of the communities act as intermediaries,
facilitating the discussion of possible solutions.
The BJS formalized the Filipino tradition to seek help of community elders or tribe
leaders in resolving disputes between members of the same community, and uses the
Punong Barangay (highest elected official in a barangay) and the Lupon members
(committee of respected community members).
The Barangay has a Justice System or Katarungang Pambarangay. The barangay
captain heads a committee called the “Lupon Tagapamayapa” (Justice of the peace) to
mediate and settle disputes at the Barangay level. They do not have judicial powers as a
1
(http://www.accessfacility.org/sites/default/files/Katarungang%20Pambarangay%20Handbook_0.pdf).
court does, but rather attempt to resolve issues so the parties can avoid going to court.2
Although the idea of Barangay Justice System was attributed to then Chief Justice
Fred Ruiz Castro who proposed the same to Fomer Pres. Ferdinand Marcos, the concept
of amicably settling disputes in the barangay level is not as new as we seem to think.
Even prior to the arrival of the Spanish colonials in the archipelago, our early forefathers
had already peacefully settled conflicts within the community. The account of Fr. Juan de
Plascencia on the Customs of the Tagalog3 were most enlightening:
“Investigations made and sentences passed by the dato must take
place in the presence of those of his barangay. If any of the litigants felt
himself aggrieved, an arbiter was unanimously named from another
village or barangay, whether he were a dato or not; since they had for this
purpose some persons, known as fair and just men, who were said to give
true judgment according to their customs. If the controversy lay between
two chiefs, when they wished to avoid war, they also convoked judges to
act as arbiters; they did the same if the disputants belonged to two
different barangays. In this ceremony they always had to drink, the
plaintiff inviting the others.”
This system of amicably settling disputes continued during the Spanish regime,
although informally and in limited extent, with the Cabeza de Barangay acting as the
datu. However, the cabeza de barangay only plays minor magisterial authority as it was
2
(https://wikivividly.com/wiki/Katarungang_Pambarangay).
3
(http://www.gutenberg.org/files/13701/13701-h/13701-h.htm#d0e1500 (p. 170)).
the primary duty of gobernadorcillos (municipal magistrates) to settle civil cases arising
between and among Indios (as the natives were called), Chinese mestizos and Chinese.4
The Barangay Justice System was put to an end during the American Regime with
the imposition of American justice system, which is adversarial in nature.
The first abstract conception of the Katarungang Pambarangay Law started in
1976 when Supreme Court Justice Fred Ruiz Castro proposed the innovative idea of
settling disputes through “neighbourhood paralegal committee.” The abstract conception
of the law first saw a ray of hope for a possible passage of a law when Presidential
Decree No. 1293 was promulgated on January 27, 1978. It created a presidential
commission tasked with a duty of studying the feasibility of instituting a system of
settling disputes among the members in the barangay without going to courts.
Presidential Decree (P.D) No. 1508 in year 1978 was the first KP Law that
institutionalized Katarungang Pambarangay. It was promulgated by then President
Ferdinand Marcos with the passage of Presidential Decree No. 1508 in 1978. The law
took effect on December 30, 1978 and this was the law that organized, established and
institutionalized a formal system of amicable settlement of disputes at the barangay level.
In the spirit of reviving Filipino tradition of peacefully settling disputes within the
community, then President Marcos declared the restoration of barangay justice system
under the Katarungang Pambarangay Law or PD 1508. KPL is an extrajudicial system
4
Crime, society and the state in the 19th Century Philippines by Greg Bankoff. Ateneo de Manila University Press ©
1996, pp99-100.
wherein disputes and minor civil and criminal cases are settled within the barangay for
speedy disposition of justice and also to minimize referral of such cases to the
court.5 Under PD 1508, a Lupong Tagapamayapa, consisting of the Barangay chief and
10 other members, was created primarily to resolve disputes and settle complaints within
the community.
Although PD No. 1508 was the first law to organize, establish and institutionalize
the Katarungang Pambarangay, its real intent was to give full recognition to the historical
fact that peaceful settlement of disputes among the family and barangay members without
going to the courts is a time- honoured tradition in the Philippines and is at the root of a
Filipino culture.
Fourteen years later, PD No. 1508 was repealed by RA No. 7160, otherwise
known as the Local Government Code of 1991. In the repealing law, the Katarungang
Pambarangay Law was incorporated as part of the codified laws on local government.
Sec.. 399 - 422, Chapter VII of R.A. 7160 are the relevant sections on Katarungang
Pambarangay.
The Revised Katarungang Pambarangay Law under R. A. 7160, otherwise known
as the Local Government Code of 1991, effective on January 1, 1992 and which repealed
P. D. 1508, introduced substantial changes not only in the authority granted to the
Lupong Tagapamayapa (Lupon) but also in the procedure to be observed in the
5
Peace through Justice. Chief Justice Reynato S. Puno. Keynote address delivered on the first day of the 2nd Barangay
Justice Advocates Congress on December 3, 2007, at the Grand Men Seng Hotel, Davao City, p3.
settlement of disputes within the authority of the Lupon.6
In the late 1990s, the Philippine Supreme Court attempted to bring the Barangay
Justice System (BJS) under its purview, with the idea that the formal courts could better
provide “justice” to the people. This view was formed in part because many cases
successfully resolved by the BJS are in fact invisible to courts, which receive only the
cases that failed to reach settlement at the BJS level. In the end, the move was quashed
due to the outcry from local government officials and public fears that, like the court
system, the BJS would become inaccessible, alien, and costly if managed by the Supreme
Court. To date, the BJS has remained under the supervision of the local government
units.7
In the words of Chief Justice Reynaldo Puno himself, the “Barangay Justice
System plays a vital role in addressing the weaknesses of our adversarial system of
dispute resolution”. The conciliatory character of BJS is much more attuned to the
Filipino culture of smoothing interpersonal and community relationship as against the
adversarial justice system which is more combative in nature, and which is more
“complicated” in nature.8 Moreover, BJS offers a more affordable access to justice for
our poor countrymen.
Since its first implementation via P.D. 1508 in 1978, the Barangay Justice System
6
(ADMINISTRATIVE CIRCULAR NO. 14-93).
7
(https://asiafoundation.org/2012/04/11/taking-a-hard-look-at-formal-and-informal-justice-systems-in-the-
philippines/).
8
Peace through Justice. Chief Justice Reynato S. Puno. Keynote address delivered on the first day of the 2nd Barangay
Justice Advocates Congress on December 3, 2007, at the Grand Men Seng Hotel, Davao City, p3.
has taken a much more active, wider role not only in settling disputes among barangay
members, but also in ensuring protection of women and children from abuse,
exploitation, and violence as provided for in RA 76109, RA 9262.10 Through these, the
barangay can issue Barangay Protection Orders (BPO) or file complaints against violators
of such laws.11
Even in the Philippine Judiciary System, this barangay conciliatory process was
acknowledged in 1993, when then Chief Justice Narvasa issued an Administrative
Circular instructing all trial courts against entertaining suits which have not undergone
through the barangay conciliatory proceedings.12
The Katarungang Pambarangay was also an effective measure to decongest court
dockets and minimize delay in case disposition. 13
The Lupon is the Peace-Making Council in the barangay. The lupon is created in
each barangay and is composed of: (a) the Punong Barangay as chairman, and ten (10) to
twenty (20) members appointed by the Punong Barangay.
The Katarungang Pambarangay is said to have three components: (A) the Lupong
Tagapamayapa; (B) the Pangkat ng Tagapagsundo; and (C) the Legal Advisers.
The Lupong Tagapamayapa. It is the body organized in every barangay composed
9
(The Special Protection of Children Against Abuse, Exploitation and Discrimination Act).
10
( Anti-Violence Against Women and Their Children Act of 2004).
11
(https://brgyjustice.wordpress.com/category/history/).
12
(Administrative Circular No. 14-93 s. 1993).
13
(http://werdan88.blogspot.com/2009/10/critical-analysis-of-justice-system-in.html).
of the Barangay Captain as Chairman and not less than ten (10) nor more than twenty
(20) members from which the members of every Pangkat shall be chosen. Although the
Lupon, as a whole, does not facilitate mediation or conciliation proceedings, the members
of the Pangkat which conducts mediation or conciliation sessions are chosen from the
members of the Lupon. The Lupon may be assisted by the Provincial Legal Officer, City
Legal Officer, Municipal Legal Officer, and/or Public Prosecutor on matters involving
questions of law necessary in the administration of the Katarungang Pambarangay.
“Section 399. Lupong Tagapamayapa. –
(a) There is hereby created in each barangay a lupong
tagapamayapa, hereinafter referred to as the lupon, composed of the
punong barangay, as chairman and ten (10) to twenty (20) members. The
lupon shall be constituted every three (3) years in the manner provided
herein.
(b) 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.
(c) 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;
(d) The punong barangay, taking into consideration any opposition
to the proposed appointment or any recommendations for appointment 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 therefor. Appointments shall be in writing, signed by the punong
barangay, and attested to by the barangay secretary.
(e) 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
(f) 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.
Section 400. Oath and Term of Office. - Upon appointment, each
lupon member shall take an oath of office before the punong barangay. He
shall hold office until a new lupon is constituted on the third year
following his appointment unless sooner terminated by resignation,
transfer of residence or place of work, or withdrawal of appointment by
the punong barangay with the concurrence of the majority of all the
members of the lupon.
Section 402. Functions of the Lupon. - The lupon shall:
(a) Exercise administrative supervision over the conciliation panels
provided herein;
(b) Meet regularly once a month 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; and
(c) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.
Section 404. Pangkat ng Tagapagkasundo. -
(a) There shall be constituted for each dispute brought before the
lupon a conciliation panel to be known as the pangkat ng tagapagkasundo,
hereinafter referred 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.
Should the parties fail to agree on the pangkat membership, the
same shall be determined by lots drawn by the lupon chairman.

(b) 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 served notices to the
parties concerned.”14
The judicial power extended to the Punong Barangay is mainly to promote a
speedy disposition of cases; however, this power is also extended to the members of the
Lupon Tagapamayapa for the observance of more judicious decisions. This system may
improve the quality of justice in the country; it will decrease the number of indiscriminate
filing of cases in courts and decongest the courts from numerous cases filed thereto.15
When the chairperson of the committee, usually the Kapitan, receives a
complaint, Barangay law requires him to inform the parties and set a meeting for
mediation the following day. If after 15 days there is no resolution, than a more formal
hearing involving the pangkat or body, must be set. If there is still no end to the dispute in
another 15 days, then the complainant may file the case in the trial court.16
If the conciliation proceedings before the barangay should fail, then you may
request a Certificate to File Action, so you can file the appropriate complaint against your
neighbor before the court or the office of the prosecutor. The certificate is a proof of
14
(Republic Act No. 7160, AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991).
15
(http://www.garph.co.uk/IJARMSS/Feb2018/12.pdf).
16
(https://www.dayananconsulting.com/understanding-philippines-local-government-unit-system-foreign-
businesses-operators/).
compliance that you brought the matter before the barangay before filing it in court.17
The lupon secretary shall issue certified true copies of any public record in his
custody that is not by law otherwise declared confidential.
Pangkat ng tagapagsundo is the conciliation panel that hears each dispute brought
before the lupon.
Legal Advisers. On matters involving questions of law necessary in the
administration of the Katarungang Pambarangay Law, the following shall render legal
advice; Provincial legal officer; City legal officer; Municipal legal officer; and Public
Prosecutor.18
II. Statement of the Problem
The main trust of this study is to provide a Critical Analysis on the Effectiveness
of the Revised Katarungang Pambarangay Law under Republic Act R.A 7160, otherwise
known as the Local Government Code of 1991 in Barangay Taboc in the decongetion of
cases of the Municipal Trial Court of Angat, Bulacan. This study seeks to answer the
following questions respectively:
17
(https://www.manilatimes.net/all-disputes-generally-subject-of-barangay-conciliation/155694/).
18
(http://zabalketa.org/wp-content/uploads/2016/02/Guide_to_katarungang_2012.pdf).
A. Major Problem of the Study
1. How effective is the Katarungang Pambaragay Law in decongesting cases of
the Municipal Trial Court of Angat?
B. Minor Problem/s of the Study
2. How many complaints handled by the Lupon of Barangay Taboc were filed
before the Municipal Trial Court of Angat in the year 2013 - 2018?
3. How may the Municipal Trial Court of Angat be affected by the revised
Katarungang Pambarangay Law?
C. Objective of the Study
The main objective of this study is to provide a Critical Analysis on the
Effectiveness of the Revised Katarungang Pambarangay Law under Republic Act R.A
7160, otherwise known as the Local Government Code of 1991, in Barangay Taboc in the
decongetion of cases of the Municipal Trial Court of Angat, Bulacan.
It also aims to accomplish the following:
1. To know the how effective is the Katarungang Pambaragay Law in
decongesting cases in the Municipal Trial Court of Angat.
2. To know the number of complaints filed before the Municipal Trial Court of
Angat that passed the Lupon of Barangay Taboc in the year 2013 – 2018.
3. To determine the effects of the Katarungang Pambarangay Law to the

Municipal Trial Court of Angat.
D. Significance of the Study
This study will serve as a useful material for the people who want to make future
researches on the effectiveness of the Revised Katarungang Pambarangay Law under
Republic Act R.A 7160, otherwise known as the Local Government Code of 1991, in
Barangay Taboc in the decongestion of cases in the Municipal Trial Court of Angat,
Bulacan. This paper will analytically provide new sets of information, data and ideas on
the essential purpose of the institution of the KP Law and the possible effects of this law
to the MTC of Angat. This can be helpful in achieving their respective intentions.
This study will be beneficial to the following sectors of the society:
1. To The Municipality of Angat, Province of Bulacan
This study will serve as an eye - opener to the Municipal Government
of Angat to give more emphasis on conducting trainings and seminars that
will help in augmenting the perspective of the law and evaluating the
performance of the Lupong Tagapamayapa in all barangays in the city. This
study will serve as an assisting tool in the reduction of filing of premature
cases in the MTC after mediation and conciliation proceedings of the lupon,
and formulation of future plans to lessen and/or avoid such instances in the
future. This will also serve as an effective tool in determining the possible
effects of proceedings of the Lupon to the MTC.
2. To The Residents of Barangay Taboc in Municipality of Angat
This study will educate the residents about the existence of a lupon,
and inform them that disputes within the ambit of the KP Law may be
peacefully settled even without the assistance of a counsel in maintaining
harmonious relationship in their community.
3. Members of the Katarungang Pambarangay Law implementing officers
This study will provide valuable references and recommendations
to the members of the Lupon, in order to inform them of their duties and
functions as implementing officers.
4. Members of the Judiciary
This study will serve as an instrument to inform the members of the
Judiciary that their expertise in this law is a great help in augmenting the
knowledge and wisdom of the members of the Lupon. With their great ability
to cooperate they may help improve the Lupon’s practice of mediation and
conciliation proceedings which will benefit everyone.

The result of this study would serve as a source of information in understanding that
the KP Law is an effective way of promoting speedy administration of justice,
decongesting cases in the courts and providing a peaceful and harmonious resolution of
conflicts within the barangay instead of adversarial proceedings in the courts.
Those who are contemplating to do research on this topic will have a guide in the
preparation of their research paper. The researcher learned to utilize library facilities and
internet sources to get related literature and studies to enhance the research.
E. Scope and Limitation
This study will critically analyze the effectiveness of the Revised Katarungang
Pambarangay Law under Republic Act R.A 7160, otherwise known as the Local
Government Code of 1991, in Barangay Taboc in the decongestion of cases of the
Municipal Trial Court of Angat, Bulacan.
The key – personnel who participated in this study by answering questionnaire
includes the MTC Judge, Clerk of Court, Barangay Captain, members of the Lupon and
residents who personally experience being the subject of the KP Law.
The distributed survey questionnaire merely focused on the effectiveness of the KP
Law in the decongestion of cases in MTC of Angat, the effects of the law in MTC, and
the awareness of the members of the community in the existence of the Katarungang
Pambarangay in their community.
The study is limited only to Barangay Taboc and Municipal Trial Court in the
Municipality of Angat. Resource persons from the barangay assisted the researcher in
conducting the survey.
F. Definition of Terms
To ensure good understanding and appreciation of the research, these terms are listed
with their corresponding definitions. This can also help the readers to be familiar with the
words and their meanings.
a. Amicable Settlement – It is an agreement reached during mediation and
conciliation proceedings.19
b. Arbitration – It is a process wherein the third party from outside the judicial
system is chosen by parties to hear and decide their dispute.20
c. Complainant – Is a person who makes a complaint or who starts proceeding
against someone.
d. Complaint – It is a concise statement of ultimate facts constituting the plaintiff’s
cause and causes of action.21
e. Conciliation – It is a process wherein the Pangkat forgoes the power to decide or
recommend but assist the parties to isolate issues and options to reach a settlement
by consensus that jointly satisfies their needs22
19
20
Id .
21
Id .
22
Id .
f. Dispute – It is a conflict or controversy; a conflict of claims or rights; an assertion
of aright, claim, or demand on one side, met by contrary claims or allegations on
the other.23
g. Effectiveness – It is the closeness of actual results achieved to meeting
expectations. Effectiveness ignores expenditure, while efficiency measure worth
of results. Efficiency is weighing results against costs over time, and effectiveness
is weighing results against expectations over time.24
h. Judiciary – It is pertaining or relating to the courts of justice, to the judicial
department of government, or to the administration of justice.25
i. Katarungang Pambarangay – It is a system of justice administered at the
barangay level for the purpose of amicable settling disputes through mediation,
conciliation or abitration among the family or barangay without resorting to the
courts.26
j. Lupong Tagapamayapa – It is a body organized in every barangay composed of
Punong Barangay as the chairperson and not less than ten (10) and more than
twenty (20) from which the members of every Pangkat shall be chosen.27
k. Mediation – It is a process wherein the Lupon chairperson or Barangay
Chairperson assists the disputing parties to reach a settlement by consensus that
23
https://thelawdictionary.org.
24
Id.
25
Id.
26
Id .
27
Id .
jointly satisfies their needs.28
l. Member – It is one of the persons constituting a partnership, association,
corporation, guild, etc. One of the persons constituting a court a legislative
assembly, etc.
m. Pangkat Tagapagkasundo - Is a conciliation panel constituted from the Lupon
membership for every dispute brought before the Lupon consisting of three (3)
members after the Punong Barangay has failed in his mediation efforts. 29
n. Respondent – It is the other side in a case which is the subject of an appeal.30
G. Abbreviations
a. KP - Katarungang Pambarangay.
b. MTC – Municipal Trial Court.
c. BJS – Barangay Justice System.
d. Lupon – Lupong Tagapamayapa.
e. Pangkat - Pangkat Tagapagkasundo.
f. DILG- Department of Interior and Local Government.
28
Id .
29
Id .
30
(Dictionary of Law, 2000).
CHAPTER 2
REVIEW OF RELATED LITERATURE AND STUDIES
This Chapter includes a comprehensive discussion that covers related literatures
and studies. These are relevant since these will substantiate the results of the study
conducted.
I. Review of Related Literature
The Katarungang Pambarangay is a three-person mediation in which the
mediators are drawn from volunteers in the barangay. In rural communities,
"barangay" refers to "village," while in cities "barangay" refers to the smallest
political unit. Currently, in the Philippines there are 40,000 barangays and therefore
40,000 Katarungang Pambarangay mediation centers.31
Lopez (2004), in his book entiled “The Law On Alternative Dispute Resolution:
Private Justice In The Philippines, How To Solve Legal Disputes Without A
Courtroom Trial says that the tri-party approach to mediation has its counterparts in
various other countries. In India, the village panchayat-group of five-mediates in
public to resolve any dispute brought before them.32 In Spain, labor disputes are
31
(http://www.gov.ph/catjlocalgov/default.asp ).
32
JIM V. LOPEZ, THE LAW ON ALTERNATIVE DISPUTE RESOLUTION: PRIVATE JUSTICE IN
mediated by a four-party mediation team.
When a police officer tells a complainant that his complaint must pass through
mediation in the Barangay Lupon before he can take action, it is not his intention to
disregard and take no action on the complaint for reasons unfair to the complainant.
The police officer may in fact be doing a favor to him because of the mandatory
character of the mediation in the Brgy Lupon being a prerequisite before the case is
filed in court. However, it has been observed that the laudable purpose of the Revised
Katarungang Pambarangay Law is subverted and its effectiveness undermined by
premature issuance of certifications to file action by concerned Barangay Officials;
and, likewise by the improper referral of cases to the Barangay by police officers.
This issue aims to provide insights as to when the PNP should refer disputes to the
Barangay and when a police officer should entertain certifications to file action.33
Katarungang Pambarangay
Section 399. Lupong Tagapamayapa. -
THE PHILIPPINES, HOW TO SOLVE LEGAL DISPUTES WITHOUT A COURTROOM TRIAL, 59

(Rex Book Store, Inc. 2004).
33
(http://www.ls.pnp.gov.ph/July%202012%20Legal%20Advisories.pdf).
(a) There is hereby created in each barangay a lupong
tagapamayapa, hereinafter referred to as the lupon, composed of the
punong barangay, as chairman and ten (10) to twenty (20) members.
The lupon shall be constituted every three (3) years in the manner
provided herein.
b) 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.
(c) 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;
(d) The punong barangay, taking into consideration any
opposition to the proposed appointment or any recommendations for
appointment 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 therefor. Appointments shall be in writing,
signed by the punong barangay, and attested to by the barangay

secretary.
conspicuous places in the barangay for the entire duration of their term
of office; and
(f) In barangays where majority of the inhabitants are members
of indigenous cultural communities, local systems of settling disputes
(a) There shall be constituted for each dispute brought before
the lupon a conciliation panel to be known as the pangkat ng
tagapagkasundo, hereinafter referred 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.
Should the parties fail to agree on the pangkat membership,
the same shall be determined by lots drawn by the lupon chairman.
(b) 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 served
notices to the parties concerned.
The lupon secretary shall issue certified true copies of any
public record in his custody that is not by law otherwise declared
confidential.
Section 412. Conciliation. -
(a) Pre-condition to Filing of Complaint in Court. - No
complaint, petition, action, 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 a
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 or pangkat secretary as attested to by
the lupon or pangkat chairman or unless the settlement has been
repudiated by the parties thereto.
(b) Where Parties May Go Directly to Court. - The parties may
go directly to court in the following instances:
(1) Where the accused is under detention;
(2) Where a person has otherwise been deprived of
personal liberty calling for habeas corpus proceedings;

(3) Where actions are coupled with provisional remedies
such as preliminary injunction, attachment, delivery of personal
property and support pendente lite; and
(4) Where the action may otherwise be barred by the statute
of limitations.
c) 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.
SECTION 413. Arbitration. –
(a) The parties may, at any stage of the proceedings, agree in
writing that they shall abide by the arbitration award of the lupon
chairman or the pangkat. Such agreement 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 after the lapse of the period for
repudiation and within ten (10) days thereafter.
(b) 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.
“If the barangay chairman fails to resolve the dispute, mutually agreed upon third
parties can be brought into the process. If the parties continue to fail in the resolution
process, then the parties may choose to enter the court system. The advantage of the
barangay justice system is that it is intended to create a win-win solution and it can be
quicker and less costly than the court system”, according to Access, 2013.34
1. Similar Courts in Other Countries
The Australian Law Reform Commission in its publication entitled as “Indigenous
Justice Mechanisms in some Overseas Countries: Models and Comparisons” provide an
overview of the Structure of Village Courts in Papua New Guinea. The Village Courts
Act 1973 accordingly provided for the establishment of village courts to operate
alongside the existing local and district courts. The court’s function is to ‘ensure peace
and harmony in the area for which it is established by mediating in, and endeavoring to
obtain just and amicable settlement of disputes. If mediation fails the court has a
compulsory jurisdiction.35
The judiciary of Solomon Islands is a branch of the Government of Solomon
Islands that interprets and applies the laws of Solomon Islands, to ensure equal justice
under law, and to provide a mechanism for dispute resolution. Local courts have both
34
(https://www.niu.edu/cseas/_pdf/lesson-plans/fulbright-hays/philippine-political-structure.pdf).
35
(https://www.alrc.gov.au/publications/30.%20Indigenous%20Justice%20Mechanisms%20in%20some%20
Overseas%20Countries%3A%20Models%20and%20Comparisons/pa).
civil and criminal jurisdiction when all parties live within the area under that
jurisdiction. Rulings are issued not by professional judges but by community elders,
applying customary law and local by-laws. Sentences passed in criminal cases may not
exceed six months imprisonment, nor a fine of SI$ 200. A case may only be brought to a
local court once "all traditional means of resolving the dispute have been exhausted", and
the case has been submitted to local chiefs without the latter's ruling being satisfactory to
all parties.36
In Australia, the “community court” is not an actual court, but is the commonly
referred designation of the Court of Summary Jurisdiction of the Northern Territory when
dealing with indigenous offenders accused of crime. This is to show its distinction from
the usual procedures involved in that criminal court. The court commenced as a twelve-
month trial in Darwin and still continues today. At present, the court only sits in Darwin.
However, there is no barrier to the court sitting outside Darwin if the court determines
that it is necessary to do so.
The court allows the involvement of the Australian Aboriginal and Torres Strait
Islander communities in the sentencing process. It allows senior members of the local
community to be involved in and express their views upon the particular and to be part of
the sentencing process. The Court is conducted in a fairly informal manner and is
conducted with a view to enhance the reaching of an agreement between the involved
parties as to the most appropriate sentence to impose. The court is innovative in that it
36
(https://en.wikipedia.org/wiki/Judiciary_of_Solomon_Islands).
incorporates the victim of the actual crime into the restorative process.37
Lopez (2004), says that the Chotei (conciliation) system in Japan has been the
preferred method for resolving disputes since the seventeenth century. 38 It is the favored
method for reconciliation because the Japanese highly value community harmony, and
taking someone to court is seen as a breach of such harmony.39
Popular justice reforms in Sri Lanka, initially promoted in 1949, were modeled
after local councils which had been in existence in the pre-colonial period (Tiruchelvam,
1984).40 These Conciliation Boards were to handle local problems through conciliation,
compromise and informal procedures in a manner similar to their village prototypes
(1984: 76~-7).41
In China, the new forms of socialist legality claimed to build upon existing
systems of mediation. China has a long history of conciliatory forms of justice rooted in
clans and villages. After the Revolution of 1949, the government of the People’s
Republic of China implemented extra-judicial forums for family and neighborhood
problems, small civil problems and minor criminal offenses. These forums used many of
the same procedures and terminology as the traditional system, such as mediation and
social pressure (Li, 1978). However, they replaced the authority of the clan and village
37
(https://en.wikipedia.org/wiki/Community_court).
38
JIM V. LOPEZ, THE LAW ON ALTERNATIVE DISPUTE RESOLUTION: PRIVATE JUSTICE IN
THE PHILIPPINES, HOW TO SOLVE LEGAL DISPUTES WITHOUT A COURTROOM TRIAL, 59
(Rex Book Store, Inc. 2004).
39
Id.
40
Tiruchelvam, Neelan (1984) The Ideology of Popular Justice in Sri Lanka: A Socio-Legal Inquiry. New
Delhi: Vikas Publishing House.
41
Id.
with a legal forum more closely connected to the state. (Tiruchelvam, 1984)42
II. Review of Related Study
The system exists to help decongest the regular courts and works mostly as
"alternative, community-based mechanism for dispute resolution of conflicts," also
described as a "compulsory mediation process at the village level.43
It is only when the BJS has failed to resolve the dispute that the parties are allowed to
bring their case to court.44
Justice, as culled from Justinian and Plato’s Republic, simply means to “render to
each his due.” Its twin precept is equality of application in proportion to inequality. It
contemplates treatment according to what is desired. In other words, if a crime is
committed, the perpetrator must be swiftly prosecuted, judged and meted with
commensurate penalty, if found guilty.
A justice system is an organized means of regulating the lives of an individual in
relation to his fellow individuals and the State under a body of laws. The individual as an
offended party whose rights have been violated by others or even by the government is
entitled to appropriate relief and the individual as an offender who inflicts harm or injury
upon another or violates any other laws of the State, is also answerable in terms of
42
Id.
43
(https://wikivividly.com/wiki/Katarungang_Pambarangay).
44
punishment or other appropriate sanctions.45
The Court emphasizes the vital role which the revised katarungang pambarangay law
plays in the delivery of justice at the barangay level, in promoting peace, stability, and
progress therein and in effectively preventing or reducing expensive and wearisome
litigation.46
Barangay Officials do not have judicial powers. They are simply authorized to do
conciliation or mediation so that disputes that are within their jurisdiction will no longer
reach the courts and therefore will help in the declogging of court dockets.47
In the case of Uy vs. Contreras, 1994, it may thus be observed that there has at least
three new significant features of the Katarungang Pambarangay Law, to wit:
1. It increased the authority of the lupon in criminal offenses from those
punishable by imprisonment not exceeding thirty days or a fine not exceeding
P200.00 in P.D. No. 1508 to those offenses punishable by imprisonment not
exceeding one year or a fine not exceeding P5,000.00.
2. As to venue, it provides that disputes 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.
45
Bringing Justice Closer to the People, (ROGELIO E. SUBONG)
46
G.R. Nos. 111416-17. September 26, 1994.
47
(http://www.accessfacility.org/sites/default/files/Katarungang%20Pambarangay%20Handbook_0.pdf)
3. It provides for the suspension of the prescriptive periods of offenses during
the pendency of the mediation, conciliation, or arbitration process.48
The governing law when it comes to mediation in the barangay is, The Revised
Katarungang Pambarangay Law found in sections 399 to 422, Chapter VII, Title I, Book
III, and section 515, Title I, Book IV, of Republic Act Number (RA) 7160, otherwise
known as the Local Government Code of 1991 is the governing law when it comes to
mediation in the Barangay.49
AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991
Republic Act No. 7160 October 10, 1991 Section 41(b) ; Section 43, Amended by RA
8553
CHAPTER VII Katarungang Pambarangay
Section 399. Lupong Tagapamayapa. -
48
G.R. Nos. 111416-17. September 26, 1994
49
(http://www.ls.pnp.gov.ph/July%202012%20Legal%20Advisories.pdf)
(a) There is hereby created in each barangay a lupong tagapamayapa,
hereinafter referred to as the lupon, composed of the punong barangay, as
chairman and ten (10) to twenty (20) members. The lupon shall be
constituted every three (3) years in the manner provided herein.
(b) 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.
(c) 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;
(d) The punong barangay, taking into consideration any opposition to
the proposed appointment or any recommendations for appointment 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 therefor. Appointments shall be in writing, signed by the punong
barangay, and attested to by the barangay secretary.

conspicuous places in the barangay for the entire duration of their term of
office; and
(f) In barangays where majority of the inhabitants are members of
indigenous cultural communities, local systems of settling disputes
Section 400. Oath and Term of Office. - Upon appointment, each
lupon member shall take an oath of office before the punong barangay. He
shall hold office until a new lupon is constituted on the third year
following his appointment unless sooner terminated by resignation,
transfer of residence or place of work, or withdrawal of appointment by
the punong barangay with the concurrence of the majority of all the
members of the lupon.
Section 401. Vacancies. - Should a vacancy occur in the lupon for any
cause, the punong barangay shall immediately appoint a qualified person
who shall hold office only for the unexpired portion of the term.
Section 402. Functions of the Lupon. - The lupon shall:
(a) Exercise administrative supervision over the conciliation panels
provided herein;
(b) Meet regularly once a month 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; and
(c) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.
In the case of Espino vs Legarda,2006, the Supreme Court further enunciated: “x x x
As correctly stated by the Court of Appeals, the act of the barangay chairman in issuing
the certification enjoys the presumption that his official duty has been regularly
performed, absent any evidence to the controversy. Further, the defendants-appellants did
not object to the presentation of the certification. Neither did they question said
certification x x x”50
Section 403. Secretary of the Lupon. - The barangay secretary shall
concurrently serve as the secretary of the lupon. 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.
50
G.R. No. 149266, 485 SCRA 76 [2006].
(a) There shall be constituted for each dispute brought before the lupon
a conciliation panel to be known as the pangkat ng tagapagkasundo,
hereinafter referred 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.
Should the parties fail to agree on the pangkat membership, the same
shall be determined by lots drawn by the lupon chairman.
(b) 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 served notices to the
parties concerned.
The lupon secretary shall issue certified true copies of any public
record in his custody that is not by law otherwise declared confidential.
Section 405. Vacancies in the Pangkat. - Any vacancy in the pangkat
shall be chosen by the parties to the dispute from 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.

Section 406. Character of Office and Service of Lupon Members. -
(a) The lupon 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.
(b) The lupon or pangkat members shall serve without compensation,
except as provided for in Section 393 and without prejudice to incentives
as provided for in this Section and in Book IV of this Code. The
Department of the Interior and Local Government shall provide for a
system of granting economic or other incentives to the lupon or pangkat
members who adequately demonstrate the ability to judiciously and
expeditiously resolve 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 407. Legal Advice on Matters Involving Questions of
Law. - The provincial, city legal officer or prosecutor or the municipal
legal officer 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 408. Subject Matter for Amicable Settlement; Exception
Thereto. - 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 exceeding Five thousand pesos (P5,000.00);
(d) Offenses 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 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;
(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 motu
propio refer the case to the lupon concerned for amicable settlement.
In the case of Estela L. Berba Vs. Josephine Pablo And The Heirs Of Carlos Palanca,
2005, it says that under Section 408 of the Local Government Code, parties actually
residing in the same city or municipality are bound to submit their disputes to the Lupon
for conciliation/amicable settlement, unless otherwise provided therein; If the
complainant/plaintiff fails to comply with the requirements of the Code, such complaint
filed with the court may be dismissed for failure to exhaust all administrative remedies.51
CASES UNDER KATARUNGANG PAMBARANGAY
1. Unlawful use of means of publication and unlawful utterances (art. 154);
2. Alarms and scandals (art. 155);
3. Using false certificates (art. 175);
4. Using fictitious names and concealing true names (art. 178);
5. Illegal use of uniforms and insignias (art. 179);
6. Physical injuries inflicted in a tumultuous affray (art. 252);
51
G.R. No. 160032. November 11, 2005.
7. Giving assistance to consummated suicide (art. 253);
8. Responsibility of participants in a duel if only physical injuries are
inflicted or no physical injuries have been inflicted (art. 260);
9. Less serious physical injuries (art. 265);
10. Slight physical injuries and maltreatment (art. 266);
11. Unlawful arrest (art. 269);
12. Inducing a minor to abandon his/her home (art. 271);
13. Abandonment of a person in danger and abandonment of one’s own victim
(art. 275);
14. Abandoning a minor (a child under seven [7] years old) (art. 276);
15. Abandonment of a minor by perons entrusted with his/her custody;
indifference of parents (art. 277);
16. Qualified tresspass to dwelling (without the use of violence and
intimidation). (art. 280);
17. Other forms of tresspass (art. 281);
18. Light threats (art. 283);
19. Other light threats (art. 285);
20. Grave coercion (art. 286);
21. Light coercion (art. 287);
22. Other similar coercions (compulsory purchase of merchandise and
payment of wages by means of tokens). (art. 288);
23. Formation, maintenance and prohibition of combination of capital or labor

through violence or threats (art. 289);
24. Discovering secrets through seizure and correspondence (art. 290);
25. Revealing secrets with abuse of authority (art. 291);
26. Theft (if the value of the property stolen does not exceed p50.00). (art.
309);
27. Qualified theft (if the amount does not exceed p500). (art. 310);
28. Occupation of real property or usurpation of real rights in property (art
312);
29. Altering boundaries or landmarks (art. 313);
30. Swindling or estafa (if the amount does not exceed p200.00). (art. 315);
31. Other forms of swindling (art. 316);
32. Swindling a minor (art. 317);
33. Other deceits (art. 318);
34. Removal, sale or pledge of mortgaged property (art. 319);
35. Special cases of malicious mischief (if the value of the damaged property
does not exceed p1,000.00). (art 328);
36. Other mischiefs (if the value of the damaged property does not exceed
P1,000.00). (art. 329);
37. Simple seduction (art. 338);
38. Acts of lasciviousness with the consent of the offended party (art 339);
39. Threatening to publish and offer to prevent such publication for
compensation (art. 356);

40. Prohibiting publication of acts referred to in the course of official
proceedings (art. 357);
41. Incriminating innocent persons (art. 363);
42. Intriguing against honor (art. 364);
43. Issuing checks without sufficient funds (bp 22);
44. Fencing of stolen properties if the property involved is not more than
p50.00 (pd 1612).
Section 409. Venue. -
(a) Disputes between persons actually residing in the same barangay
shall be brought for amicable settlement before the lupon of said barangay.
(b) 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
complaint.
(c) All disputes involving real property or any interest therein shall be
brought in the barangay where the real property or the larger portion
thereof is situated.
(d) 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.
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 410. Procedure for Amicable Settlement. -
(a) Who may initiate proceeding - Upon payment of the appropriate
filing fee, 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.
(b) Mediation by 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 them and their
witnesses to appear before him for a mediation of their conflicting
interests. If he fails in his 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.
(c) 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 the complaint with the punong barangay. The prescriptive periods
shall resume upon receipt by the complainant of the complainant 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 filing of the complaint with the
punong barangay.
(d) 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. In the event that a
party moves 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 decided upon, the resulting vacancy shall
be filled as herein provided for.
(e) 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 411. Form of settlement. - 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 known to them.
In the case of Harold vs. Aliba , 2007, it discussed that the issue concerning the
alleged non-compliance of the amicable settlement pursuant to the mandate of Section
411 of Republic Act No. 7160 or the Local Government Code (LGC) arose because there
was no formal document denominated as “Amicable Settlement” signed by the parties.
However, we agree with the similar holdings of the Court of Appeals and the RTC that
the requirements under Section 411 of the LGC had been substantially complied with.
The minutes of the barangay conciliation proceedings readily disclose the terms agreed
upon by the parties for the settlement of their dispute, and that the acknowledgment
receipt, which was written in a language known to the parties, signed by them, attested to
by the Lupon Chairman, and witnessed by several barangay officials, serves as an
indubitable proof of the amicable settlement and of the substantial compliance of its
terms by respondent Aliba.52
In the case of Zamora vs. Heirs of Carmen Izquierdo, 2004, it says that the
primordial objective of Presidential Decree No. 1508 (the Katarungang
Pambarangay Law), now included under R.A. No. 7160 (the Local Government Code of
1991), is to reduce the number of court litigations and prevent the deterioration of the
quality of justice which has been brought about by the indiscriminate filing of cases in
the courts. To attain this objective, Section 412(a) of R.A. No. 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, thus: “SECTION 412. Conciliation.—(a) Pre-
condition to Filing of Complaint in Court.—No complaint, petition, action, 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 a
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 or pangkat secretary
and attested to by the lupon or pangkat chairman x x x.”53
Section 412. Conciliation. -
(a) Pre-condition to Filing of Complaint in Court. - No complaint,
petition, action, or proceeding involving any matter within the
52
G.R. No. 130864. October 2, 2007
53
G.R. No. 146195. November 18, 2004
authority of the lupon shall be filed or instituted directly in court or
any other government office for adjudication, unless there has been
a 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 or pangkat secretary as
attested to by the lupon or pangkat chairman or unless the
settlement has been repudiated by the parties thereto.
Pang- et vs. Manacnes, 2007, enunciated that “What is compulsory under the
Katarungang Pambarangay Law is that there be a confrontation between the parties
before the Lupon Chairman or the Pangkat and that a certification be issued that no
conciliation or settlement has been reached, as attested to by the Lupon or Pangkat
Chairman, before a case falling within the authority of the Lupon may be instituted in
court or any other government office for adjudication. In other words, the only necessary
pre-condition before any case falling within the authority of the Lupon or the
Pangkat may be filed before a court is that there has been personal confrontation
between the parties but despite earnest efforts to conciliate, there was a failure to
amicably settle the dispute. Xxx xxx “.54
(b) Where Parties May Go Directly to Court. - The parties may go
directly to court in the following instances:
(1) Where the accused is under detention;
54
(Pang-et vs. Manacnes, , 2007)
(2) Where a person has otherwise been deprived of personal liberty
calling for habeas corpus proceedings;
(3) Where actions are coupled with provisional remedies such as
preliminary injunction, attachment, delivery of personal property and
support pendente lite; and
(4) Where the action may otherwise be barred by the statute of
limitations.
(c) 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.
Conciliators and mediators do not render a decision on a controversy. They
merely persuade the parties to arrive at making reciprocal concessions that lead to an
amicable settlement thereof. The result of a conciliated settlement is mutually beneficial
and since no one has been condemned as having acted wrongly, the harmonious
relationship between the parties is restored.55
SECTION 413. Arbitration. –
(a) The parties may, at any stage of the proceedings, agree in writing
55
(https://dirp3.pids.gov.ph/ris/taps/tapspp9926.pdf)
that they shall abide by the arbitration award of the lupon chairman or the
pangkat. Such agreement 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
after the lapse of the period for repudiation and within ten (10) days
thereafter.
(b) 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.
Home Bankers Savings and Trust Company vs. Court of Appeals, 1999,
emphasized that arbitration, as an alternative method of dispute resolution, is encouraged
by this Court. Aside from unclogging judicial dockets, it also hastens solutions especially
of commercial disputes. The Court looks with favor upon such amicable arrangement and
will only interfere with great reluctance to anticipate or nullify the action of the
arbitrator.56
A judge and an arbitrator are alike in their function of rendering a decision to
resolve a dispute. Although arbitration may be less formal and not as strict in adherence
to technical rules of procedure and evidence, both modes follow the same method of
adversarial justice. The complainant asserts a claim that is denied by the other. Cross-
56
G.R. No. 115412. November 19, 1999
examination of a witness is the method of ascertaining the truth of the conflicting claims
and defenses. The result of the process is that one party emerges the victor and the other
the vanquished. One is declared right and the other wrong. An arbitration proceeding,
however, has the advantage of being constituted ad hoc or for a particular case.
An arbitrator’s attention and study being thus narrowly focused, the controversy is
decided much more expeditiously than a judge who must deal with tens if not hundreds
of cases at the same time.
SECTION 414. Proceedings Open to the Public; Exception. –
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 proprio or upon request of a party, exclude the public
from the proceedings in the interest of privacy, decency, or public morals.
SECTION 415. Appearance of Parties in Person. –
In all katarungang pambarangay 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 416. 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 municipal court.
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 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.
Section 417. Execution. - 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.
Vidal vs Escueta, 2003, enunciated that the amicable settlement which is not
repudiated within the period therefor may be enforced by execution by the Lupon through
the Punong Barangay within a time line of six months and if not so enforced by the
Lupon after the lapse of the said period it may be enforced only by an action in the proper
city or municipal court.57
Section 418. Repudiation. - Any party to the dispute may, within ten
57
G.R. No. 156228. December 10, 2003.
(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 filing a
complaint as hereinabove provided.
Section 419. Transmittal of Settlement and Arbitration. - Award to
the 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 to each of the
parties to the settlement and the lupon chairman.
Section 420. Power to Administer Oaths. - The punong barangay, as
chairman of the lupong tagapamayapa, and the members of the pangkat
are hereby authorized to administer oaths in connection with any matter
relating to all proceedings in the implementation of the katarungang
pambarangay.
Section 421. Administration; Rules and Regulations. - 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 422. Appropriations. - 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 515. Refusal or Failure of Any Party or Witness to Appear
before the Lupon or Pangkat. – Refusal or willful failure of any party or
witness to appear before the lupon or pangkat in compliance with a
summons issued pursuant to the provisions on the Katarungang
Pambarangay under Chapter 7, Title I of Book III of this Code may be
punished by the city or municipal court as for indirect contempt of court
upon application filed therewith by the lupon chairman, the pangkat
chairman, or by any of the contending parties. Such refusal or willful
failure to appear shall be reflected in the records of the lupon secretary or
in the minutes of the pangkat secretary and shall bar the complainant who
fails to appear, from seeking judicial recourse for the same cause of action,
and the respondent who refuses to appear, from filing any counterclaim
arising out of, or necessarily connected with the complaint.
A pangkat member who serves as such shall be entitled to an
honorarium, the amount of which is to be determined by the sanggunian
concerned, subject to the provisions in this Code cited above.58
58
Republic Act No. 7160 October 10, 1991 Section 41(b) ;Section 43, Amended by RA 8553
AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991.
Popular justice is also justified as growing out of or recreating indigenous
ordering. For example, the Philippine system of barangay justice, implemented in 1978,
is justified by the claim that the new reform builds on pre-colonial traditions of amicable
dispute settlement (Pe and Tadiar, 1979).59 When the Chief Justice of the Supreme Court,
Fred Ruiz Castro, first advocated the creation of such ’neighborhood para-legal
committees’ in 1976, he described the reasons for this choice of forum as an intended
throwback to Pre-Hispanic times ... it is inspired by the realization that in spite of the
intrusions into the Filipino psyche of the isms of alien civilization, the Filipino has
retained an admirable degree of honor and respect for his elders. (Quoted in Tan and
Pulido, 1981: 427)60
Bonifacio Law Office vs. Bellosillo, 2002, discussed evidently that the barangay
failed to exert enough effort required by law to conciliate between the parties and to settle
the case before it. Hence, respondent judge was not incorrect in remanding the case to it
for completion of the mandated proceedings. We cannot fault him for seeking to promote
the objectives of barangay conciliation and for taking to heart the provisions of Supreme
Court Circular No. 14-93.61 His referral of the case back to the barangay cannot be
equated with gross ignorance of the law. Neither does it constitute grave abuse of
discretion or obvious partiality.62
59
Pe, Cecilio L. and Alfredo F. Tadiar (1979) Katarungang Pambarangay: Dynamics of Compulsory
Conciliation. Manila: UST Press.
60
Tan, Bayani K. and Ma. Gracia M. Pulido (1981) ’Katarungang Pambarangay Law: Its Goals, Processes
and Impact on the Right Against Self-Incrimination’, Philippine Law Journal 56: 425-38.
61
(14-93.)
62
A.M. No. MTJ-00-1308. December 16, 2002.
CIRCULAR NO. 14-93 July 15, 1993
TO: ALL REGIONAL TRIAL COURTS, METROPOLITAN TRIAL
COURTS, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT
TRIAL COURTS
SUBJECT: GUIDELINES ON THE KATARUNGANG
PAMBARANGAY CONCILIATION PROCEDURE TO PREVENT
CIRCUMVENTION OF THE REVISED KATARUNGANG
PAMBARANGAY LAW (SECTIONS 399-422, CHAPTER VII, TITLE
I, BOOK III, R.A. 7160. OTHERWISE KNOWN AS THE LOCAL
GOVERNMENT CODE OF 1991).
The Revised Katarungang Pambarangay Law under R.A.
7160, otherwise known as the local Government Code of 1991,
effective on January 1, 1992, and which repealed P.D. 1508,
introduced substantial changes not only in the authority granted to
the Lupong Tagapamayapa but also in the procedure to be
observed in the settlement of disputes within the authority of the
Lupon.
In order that the laudable purpose of the law may not be
subverted and its effectiveness undermined by indiscriminate,

improper and/or premature issuance of certifications to file actions
in court by the Lupon or Pangkat Secretaries, attested by the
Lupon/Pangkat Chairmen, respectively, the following guidelines
are hereby issued for the information of trial court judges in cases
brought before them coming from the Barangays:
I. All disputes are subject to Barangay conciliation pursuant
to the Revised Katarungang Pambarangay Law (formerly P.D.
1508, repealed and now replaced by Secs. 399-422, Chapter VII,
Title I, Book III, and Sec. 515, Title I, Book IV, R.A. 7160,
otherwise known as the Local Government Code of 1991), and
prior recourse thereto is a pre-condition before filing a complaint
in court or any government offices, except in the following
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. Where the dispute involves real properties located in
different cities and municipalities, unless the parties thereto
agree to submit their difference to amicable settlement by

an appropriate Lupon;
4. Any complaint by or against corporations, partnership or
juridical entities, since only individuals shall be parties to
Barangay conciliation proceedings either as complainants
or respondents (Sec. 1, Rule VI, Katarungang Pambarangay
Rules);
5. 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;
6. Offenses for which the law prescribes a maximum
penalty of imprisonment exceeding one (1) year or a fine
over five thousand pesos (P5,000.00);
7. Offenses where there is no private offended party;
8. Disputes where urgent legal action is necessary to
prevent injustice from being committed or further
continued, specifically the following:
a. Criminal cases where accused is under

police custody or detention (see Sec. 412 (b)
(1), Revised Katarungang Pambarangay
Law);
b. Petitions for habeas corpus by a person
illegally deprived of his rightful custody
over another or a person illegally deprived
or on acting in his behalf;
c. Actions coupled with provisional
remedies such as preliminary injunction,
attachment, delivery of personal property
and support during the pendency of the
action; and
d. Actions which may be barred by the
Statute of Limitations.
9. Any class of disputes which the President may determine
in the interest of justice or upon the recommendation of the
Secretary of Justice;
10. Where the dispute arises from the Comprehensive
Agrarian Reform Law (CARL) (Sec. 46 & 47, R.A. 6657);

11. Labor disputes or controversies arising from employer-
employee relations (Montoya vs. Escayo, et al., 171 SCRA
442; Art. 226, Labor Code, as amended, which grants
original and exclusive jurisdiction over conciliation and
mediation of disputes, grievances or problems to certain
offices of the Department of Labor and Employment);
12. Actions to annul judgment upon a compromise which
may be filed directly in court (See Sanchez vs. Tupaz, 158
SCRA 459).
II. Under the provisions of R.A. 7160 on Katarungang
Pambarangay conciliation, as implemented by the Katarungang
Pambarangay Rules and Regulations promulgated by the Secretary
of Justice, the certification for filing a complaint in court or any
government office shall be issued by Barangay authorities only
upon compliance with the following requirements:
1. Issued by the Lupon Secretary and attested by the Lupon
Chairman (Punong Barangay), certifying that a
confrontation of the parties has taken place and that a
conciliation settlement has been reached, but the same has
been subsequently repudiated (Sec. 412, Revised
Katarungang Pambarangay Law; Sec. 2[h], Rule III,

Katarungang Pambarangay Rules);
2. Issued by the Pangkat Secretary and attested by the
Pangkat Chairman, certifying that:
a. a confrontation of the parties took place
but no conciliation/settlement has been
reached (Sec. 4[f], Rule III, Katarungang
Pambarangay Rules; or
b. that no personal confrontation took place
before the Pangkat through no fault of the
complainant (Sec. 4[f], Rule III,
Katarungang Pambarangay Rules).
3. Issued by the Punong Barangay, as requested by the
proper party on the ground of failure of settlement where
the dispute involves members of the same indigenous
cultural community, which shall be settled in accordance
with the customs and traditions of that particular cultural
community, or where one or more of the parties to the
aforesaid dispute belong to the minority and the parties
mutually agreed to submit their dispute to the indigenous
system of amicable settlement, and there has been no

settlement as certified by the datu or tribal leader or elder to
the Punong Barangay of place of settlement (Secs. 1,4 & 5,
Rule IX, Katarungang Pambarangay Rules); and
4. If mediation or conciliation efforts before the Punong
Barangay proved unsuccessful, there having been no
agreement to arbitrate (Sec. 410 [b], Revised Katarungang
Pambarangay Law; Sec. 1, c. (1), Rule III, Katarungang
Pambarangay Rules), or where the respondent fails to
appear at the mediation proceeding before the Punong
Barangay (3rd par. Sec. 8, a, Rule VI, Katarungang
Pambarangay Rules), 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.
III. All complaints and/or informations filed or raffled to
your sala/branch of the Regional Trial Court shall be carefully read
and scrutinized to determine if there has been compliance with
prior Barangay conciliation procedure under the Revised
Katarungang Pambarangay Law and its Implementing Rules and
Regulations, as a pre-condition to judicial action, particularly

whether the certification to file action attached to the records of the
case comply with the requirements hereinabove enumerated in par.
II;
IV. A case filed in court without compliance with prior
Barangay conciliation which is a pre-condition for formal
adjudication (Sec. 412 [a] of the Revised Katarungang
Pambarangay Law) may be dismissed upon motion of defendant/s,
not for lack of jurisdiction of the court but for failure to state a
cause of action or prematurity (Royales vs. IAC, 127 SCRA 470;
Gonzales vs. CA, 151 SCRA 289), or the court may suspend
proceedings upon petition of any party under Sec. 1, Rule 21 of the
Rules of Court; and refer the case motu proprio to the appropriate
Barangay authority, applying by analogy Sec. 408 [g], 2nd par., of
the Revised Katarungang Pambarangay Law which reads as
follows:
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, motu proprio refer case to the Lupon
concerned for amicable settlement.
Strict observance of these guidelines is enjoined. This

Administrative Circular shall be effective immediately.63
Uy vs. Contreras, 1994, enunciated that the total unawareness of the Local
Government Code of 1991, more specifically on the provisions on the katarungang
pambarangay, is distressing. He should have taken judicial notice thereof, ever mindful
that under c, courts are mandatorily required to take judicial notice of “the official acts of
the legislative, executive and judicial departments of the Philippines.” We have ruled that
a judge is called upon to exhibit more than just a cursory acquaintance with the statutes
and procedural rules. He should have applied the revised katarungang pambarangay law
under the Local Government Code of 1991. Had he done so, this petition would not have
reached us and taken valuable attention and time which could have been devoted to more
important cases.64
Section 1, Rule 129. Judicial notice, when mandatory. — A
court shall take judicial notice, without the introduction of evidence, of the
existence and territorial extent of states, their political history, forms of
government and symbols of nationality, the law of nations, the admiralty
and maritime courts of the world and their seals, the political constitution
and history of the Philippines, the official acts of legislative, executive and
judicial departments of the Philippines, the laws of nature, the measure of
time, and the geographical divisions. (1a)65
63
CIRCULAR NO. 14-93
64
G.R. Nos. 111416-17. September 26, 1994.
65
https://www.lawphil.net/courts/rules/rc_128-134_evidence.html
Absence of prior mediation pursuant to the katarungang pambarangay law bars
the filing of the complaint with the court.66
CHAPTER 3
RESEARCH DESIGN AND METHODOLOGY
This Chapter presents the research design and method, research instruments,
validation of the instruments, procedure in gathering data and statistical treatment of data.
I. Research Design
There are different methods that can be used in researching. You can use a
descriptive, historical or experimental method. It is a design to conceptualize the study
and its specific aims and purposes.
The researcher used the descriptive method of research to obtain significant
information in this study. This method is employed to gather, synthesize, and analyze the
data which will be derived from the respondents’ answers through market survey
66
Id
questionnaires. This study is established for the purpose of analyzing the effectiveness of
the Revised Katarungang Pambarangay Law under Republic Act R.A 7160, otherwise
known as the Local Government Code of 1991 in Barangay Taboc in the decongestion of
cases of the Municipal Trial Court of Angat, Bulacan. Results derived from the
respondents of the research served as the basis for conducting the study.
The researcher also used the analytical method of research. The researcher had to
use facts or information already available, and analyzed them to make a critical
evaluation of the material.
II. Research Methodology
A. Instruments and Technical Word
The researcher made use of a questionnaire to gather data. Library research was
also undertaken as a helpful activity to deepen and widen knowledge and come up with
good ideas.
Primary data were gathered using survey questionnaire disseminated to the
respondents.
Secondary sources of data such as other references found in the library and
Internet sources were utilized for the study.

B. Sampling Procedure
The researcher distributed survey questionnaire to the Municipal Trial Court
Judge of Angat and its Clerk of Court, Barangay Captain, Members of the Lupon,
complainants and residents of Barangay Taboc. The total number of residents in the area
was used as reference to obtain the sample population. The population information was
provided by the Municipal Trial Court of Angat and Barangay of Taboc.
C. Procedures in Gathering Data
The following were the procedures undergone by the researcher in the gathering
of data.
a. Sought the approval of the Barangay Captain of Taboc and Municipal
Trial court of Angat for the conduct of the study;
b. Distributed personally the survey questionnaires to the respondents of the
study;
c. Collected the survey questionnaires from the respondents;
d. Scanned, tabulated and encoded the results of the survey based on the
problems of the study;
e. Interpreted and analyzed the data in tabular and textual presentation with
due consideration to the sub - problems of the study; and
f. Encoded and edited the manuscript for the final defense.

D. Statistical Treatment of Data
The data that were gathered from the respondents were tallied, tabulated and later
analyzed using appropriate statistical tools. Data collected from the respondents were
subjected to statistical treatment. The formula to be used is as follows.
1. SLOVINS FORMULA67 is used to calculate the sample size (n) given the
population size (N) and a margin of error (e). It is a random sampling technique formula
to estimate sampling size. It is computed as
n = N / (1+Ne2).
whereas:
n = no. of samples
N = total population
e = error margin / margin of error
2. Percentage is used to establish the profile of the respondents of the study.
P = F x 100
67
https://prudencexd.weebly.com/
Bibliography
BOOKS
JIM V. LOPEZ. (2004). THE LAW ON ALTERNATIVE DISPUTE RESOLUTION:
PRIVATE JUSTICE IN THE PHILIPPINES, How To SOLVE LEGAL DISPUTES
WITHOUT A CouRTRooM TRIAL, 59 . Rex Bookstore Inc.
JIM V. LOPEZ. (2004). THE LAW ON ALTERNATIVE DISPUTE RESOLUTION:
PRIVATE JUSTICE IN THE PHILIPPINES, How To SOLVE LEGAL DISPUTES
WITHOUT A CouRTRooM TRIAL, 59 . REX Bookstore Inc.
p.h. collin. (2000). dictionary of law. peter collin publishing ltd.
P.H. Collin. (2000). Dictionary of Law. Peter Collin Publishing Ltd.
ROGELIO E. SUBONG. (n.d.). Bringing Justice Closer to the People.
SUBONG, R. E. (n.d.). Bringing Justice Closer to the People.
Tan, Bayani K. and Ma. Gracia M. Pulido (1981) ’Katarungang Pambarangay Law: Its
Goals, Processes and Impact on the Right Against Self-Incrimination’, Philippine Law
Journal 56: 425-38.
JURISPRUDENCE
Uy vs. Contreras, G.R. Nos. 111416-17. September 26, 1994.

Espino vs. Legarda, G.R. No. 149266, 485 SCRA 76 [2006]
ESTELA L. BERBA vs. JOSEPHINE PABLO and THE HEIRS OF CARLOS
PALANCA, G.R. No. 160032. November 11, 2005
Harold vs. Aliba, G.R. No. 130864. October 2, 2007
Zamora vs. Heirs of Carmen Izquierdo, G.R. No. 146195. November 18, 2004
(Pang-et vs. Manacnes, , 2007)
Home Bankers Savings and Trust Company vs. Court of Appeals, G.R. No.
115412. November 19, 1999
Vidal vs. Escueta, G.R. No. 156228. December 10, 2003
Bonifacio Law Office vs. Bellosillo, A.M. No. MTJ-00-1308. December 16, 2002
LAWS
1991, A. A. (October 10, 1991). Republic Act No. 7160 Section 41(b); Section 43
Amended by RA 8553.
Republic Act No. 7160, AN ACT PROVIDING FOR A LOCAL GOVERNMENT
CODE OF 1991. (n.d.).
ADMINISTRATIVE CIRCULAR NO. 14-93. (n.d.).
WEBSITE OR ONLINE REFERENCES
http://opinion.inquirer.net/57591/hustisyeah-to-decongest-the-judiciary#ixzz5Ng9jr5nz.
(n.d.).
http://werdan88.blogspot.com/2009/10/critical-analysis-of-justice-system-in.html. (n.d.).
http://www.accessfacility.org/sites/default/files/Katarungang%20Pambarangay%20Hand
book_0.pdf. (n.d.).
http://www.accessfacility.org/sites/default/files/Katarungang%20Pambarangay%20Hand
book_0.pdf. (n.d.).
http://www.central.com.ph/sfsreader/session/00000166208888cc20f04683003600fb002c
009e/t/?o=False. (n.d.).
http://www.garph.co.uk/IJARMSS/Feb2018/12.pdf. (n.d.).
http://www.gov.ph/catjlocalgov/default.asp . (n.d.).
http://www.ls.pnp.gov.ph/July%202012%20Legal%20Advisories.pdf. (n.d.).
http://zabalketa.org/wp-content/uploads/2016/02/Guide_to_katarungang_2012.pdf. (n.d.).
https://asiafoundation.org/2012/04/11/taking-a-hard-look-at-formal-and-informal-justice-
systems-in-the-philippines/. (n.d.).
https://dirp3.pids.gov.ph/ris/taps/tapspp9926.pdf. (n.d.).
https://en.wikipedia.org/wiki/Community_court. (n.d.).
https://en.wikipedia.org/wiki/Judiciary_of_Solomon_Islands. (n.d.).
https://wikivividly.com/wiki/Katarungang_Pambarangay. (n.d.).
https://www.alrc.gov.au/publications/30.%20Indigenous%20Justice%20Mechanisms%20
in%20some%20Overseas%20Countries%3A%20Models%20and%20Comparison
s/pa. (n.d.).
https://www.alrc.gov.au/publications/30.%20Indigenous%20Justice%20Mechanisms%20
in%20some%20Overseas%20Countries%3A%20Models%20and%20Comparison
s/pa. (n.d.).
https://www.dayananconsulting.com/understanding-philippines-local-government-unit-
system-foreign-businesses-operators/. (n.d.).
https://www.manilatimes.net/all-disputes-generally-subject-of-barangay-
conciliation/155694/. (n.d.).
https://www.niu.edu/cseas/_pdf/lesson-plans/fulbright-hays/philippine-political-
structure.pdf. (n.d.).
Dear Respondent,
One of my requirements as a student of Bulacan State University College of Law is to complete a

thesis entitled,” A Critical Analysis on the effectiveness of the Revised Katarungang Pambarangay Law
under Republic Act R.A 7160, otherwise known as the Local Government Code of 1991 in Barangay
Taboc in the decongestion of cases of the Municipal Trial Court of Angat, Bulacan.. That being said, I
would like to request you to answer this short questionnaire for the information and answers you will
indicate are very much relevant. Your responses will be kept confidential.
Thankfully yours,
Princess Ruth B. Adriano
Check your responses.
Gender ○ Male ○ Female
Age ○ 18-24 years old

○ 25-34 years old
○ 35-44 years old
○ 45-54 years old
○ 55-64 years old
Marital Status ○ Single ○ Married ○ Separated ○ Widowed
Employment ○ Private Practitioner
○ Government Employee
○ Member of the Judiciary
○ Out of work and looking for work
○ Out of work but not currently looking for work
○ Retired
Education ○ University Graduate

○ College Undergraduate
○ High School Graduate
○ High School Undergraduate
○ Elementary Level
KATANUNGAN TUGON
( PARA SA MGA TAGAPAGPATUPAD)
1. Narinig mo na ba ang patungkol sa “Katarungang Pambarangay OO HINDI

Law?”
2. Ikaw ba ay naging bahagi na ng pagpapatupad nito? OO HINDI
3. Bilang isang tagapagpatupad, masasabi mo bang ito ay kapaki - OO HINDI

pakinabang?
4. Ikaw ba ang minsan ng naging bahagi ng mga trainings/ seminars na OO HINDI

may kinalaman sa pagpapalawig ng batas na ito?
5. Sa iyong palagay, nangangailangan pa ba ng mga trainings/ OO HINDI

seminars ang mga tagapagpatupad nito?
6. Masasabi mo bang maayos ang pagpapatupad nito? OO HINDI
7. May mga pagkakataon ba na hindi nareresolba ang mga kaso na OO HINDI

idinudulog sa barangay?
8. Kung Oo, alin sa mga sumusunod ang posibleng mga dahilan?

(maaaring pumili ng higit sa isa)
a. Kakulangan ng kaalaman ng ukol sa batas na ito;

b. Hindi pagdalo ng mga mga partido sa itinakdang
paghaharap;
c. Kawalan ng interes ng mga partido;
d. Kagustuhan ng magkabilang panig na huwag na lamang
magkasundo;
e. Hindi maipaliwanag na dahilan ng pagpapaliban sa
itinakdang paghaharap;
f. Kawalan ng kumpiyansa sa sarili ng ilang miyembro ng
Lupon;
g. Kawalan ng pormal na edukasyon ng ilang miyembro ng
Lupon;
h. Hindi pagkakasundo – sundo ng mga ideya ng mga
miyembro ng Lupon;
9. Masasabi mo bang ito ay isang mabisang paraan upang makatulong OO HINDI

sa pagpapaluwag ng bilang ng mga kaso sa Municipal Trial Court?
10. Ikaw ba ay sumasang ayon na ang batas na ito ay ginawa upang OO HINDI
malutas ang hindi pangkaraniwang pagsikip ng mga “court dockets”
at mapanatili ang maayos na pagsasamahan ng mga miyembro ng
komunidad?
KATANUNGAN TUGON
(PARA SA MGA PARTIDO)
1. Narinig mo na ba ang patungkol sa “Katarungang OO HINDI

Pambarangay Law?”
2. Ikaw ba ay minsan nang humingi ng tulong sa batas na OO HINDI
ito?
3. Masasabi mo bang naresolba ng batas na ito ang iyong OO HINDI
suliranin?
4. Masasabi mo bang epektibo ang paraan ng OO HINDI
pagpapatupad nito?
5. Nangangailangan pa ba ng dagdag na kaalaman ukol sa OO HINDI
pagpapatupad nito?
ABOUT THE AUTHOR:

(CURRICULUM VITAE)

Sample Format of Thesis Manuscript

Hochgeladen von

Dokumentinformationen

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Sample Format of Thesis Manuscript

Hochgeladen von

Copyright:

Verfügbare Formate

BULACAN STATE UNIVERSITY - COLLEGE OF LAW 1

PROPOSED THESIS TITLE

A Thesis Proposal Presented to the College of Law

Bulacan State University

In Partial Fulfillment of the Requirements of the Degree

Juris Doctor (with Thesis Program)

Certification of English Critic

English Editing Certification Form

This is to certify that I have edited this thesis/dissertation manuscript entitled:

dockets. Its essence is to promote speedy administration of justice, to decongest the

the barangay instead of adversarial proceedings in the courts.

Government Code of 1991 in Barangay Taboc in the decongestion of cases of the

Municipal Trial Court of Angat, Bulacan.

in the decongestion of cases of the MTC and the

obtain significant information in this study.

Tagapamayapa (Lupon), complainants and residents in Barangay Taboc and municipal

TITLE PAGE …………………………………………………………………………. …i

1. Similar Courts in Other Countries ………………………………

II. Review of Related Study 31

AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991….......34

CASES UNDER KATARUNGANG PAMBARANGAY 42

II. Research Methodology 70

Katarungang Pambarangay (KP) or Barangay Justice System (BJS) is an alternative,

community-based mechanism for dispute resolution of conflicts between members of the

a mutually acceptable solution. Other members of the communities act as intermediaries,

facilitating the discussion of possible solutions.

(committee of respected community members).

The Barangay has a Justice System or Katarungang Pambarangay. The barangay

Plascencia on the Customs of the Tagalog3 were most enlightening:

“Investigations made and sentences passed by the dato must take

himself aggrieved, an arbiter was unanimously named from another

true judgment according to their customs. If the controversy lay between

different barangays. In this ceremony they always had to drink, the

plaintiff inviting the others.”

the imposition of American justice system, which is adversarial in nature.

The first abstract conception of the Katarungang Pambarangay Law started in

settling disputes through “neighbourhood paralegal committee.” The abstract conception

commission tasked with a duty of studying the feasibility of instituting a system of

institutionalized Katarungang Pambarangay. It was promulgated by then President

institutionalized a formal system of amicable settlement of disputes at the barangay level.

under the Katarungang Pambarangay Law or PD 1508. KPL is an extrajudicial system

The Revised Katarungang Pambarangay Law under R. A. 7160, otherwise known

Lupong Tagapamayapa (Lupon) but also in the procedure to be observed in the

settlement of disputes within the authority of the Lupon.6

Filipino culture of smoothing interpersonal and community relationship as against the

our poor countrymen.

acknowledged in 1993, when then Chief Justice Narvasa issued an Administrative

through the barangay conciliatory proceedings.12

The Katarungang Pambarangay was also an effective measure to decongest court

dockets and minimize delay in case disposition. 13

twenty (20) members appointed by the Punong Barangay.

The Lupong Tagapamayapa. It is the body organized in every barangay composed

questions of law necessary in the administration of the Katarungang Pambarangay.

“Section 399. Lupong Tagapamayapa. –

(a) There is hereby created in each barangay a lupong

tagapamayapa, hereinafter referred to as the lupon, composed of the

(b) 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.

of proposed members who have expressed their willingness to serve, shall

conspicuous places in the barangay continuously for a period of not less

than three (3) weeks;

(d) The punong barangay, taking into consideration any opposition