REVISED

KATARUNGANG
PAMBARANGAY LAW
Sections 399-422, Chapter 7 Title One, Book
III of RA No. 7160
Brief Historical Background of the
Katarungang Pambarangay

KP was conceived by Supreme Court Chief

Justice Fred Ruiz Castro.

PD 1508 – old KP Law

Objectives

• Provide a venue for the disputing parties to

search for a solution that is mutually
acceptable
• Assist the parties in discussing the possible
amicable settlement of their disputes.
• Declog the court dockets of cases
IMPORTANT FEATURES:

• KP Structure
(Components of KP,
Constitution of LT, PT and LA
and their Functions)

• Substantive Aspects of KP
(subject matter and venue)

• KP Process
 Components of KP
• Lupong Tagapamayapa

• Pangkat Tagapagkasundo

• Legal Advisers
 LUPONG TAGAPAMAYAPA
• Appointment of Lupon is the sole prerogative
of the Punong Barangay
• Does not require the approval,
confirmation of the Sangguniang
Barangay

If Punong Barangay fails to constitute the

Lupon

• He can be charged for neglect of duty and

be administratively liable
Composition of KP:

Minimum of 10, Maximum of 20

QUALIFICATIONS OF LUPON MEMBERS

 Actual resident/working in the barangay

 Legal age;
 Possess the following qualities:
• Impartiality
• Independence
• Fairness
• Reputation for probity
• Patience
• Resourcefulness
• Open-mindedness
• Flexibility
Disqualifications (Sec. 40 of the LGC)
 Below 18 years of age
 Incompetent
 Convicted of a crime carrying with it penalties of
perpetual or temporary disqualification from
holding public office
 Elected Government Official
 Member of Armed Forces who is in the active
service
 Insane or feeble-minded
 permanent residents in a foreign country
 LUPON FORMATION

• Within 15 days from the start

NOTICE of his term (KP Form No. 1)

• For not less

POSTING than 3 weeks

• 10 days after the last day of posting

APPOINTMENT (KP Form No. 2)

OATH OF • Immediately before the Punong

Barangay (KP Form No. 5)
OFFICE
Term of Office
Three (3) years
 Unless terminated
 By death
 Resignation, transfer of residence or place
of work
 Withdrawal of appointment by the
barangay captain
However, the withdrawal should be
concurred with a majority of all the members
of the Lupon
(KP Form No. 6)
Vacancy in the Lupon
• The Punong Barangay
immediately appoints a qualified
person who shall hold office
only for the unexpired portion of
the term
 FUNCTIONS:
• Lupon
 exercise administrative
supervision over the conciliation
panels
 Meet regularly once a month to
exchange ideas, share
observations
 FUNCTIONS:
• Lupon Secretary
 Record results of mediation
proceedings
 Submit report to the proper
courts
 Receive and keep records of
conciliation proceedings
Composition of Pangkat
Tagapagkasundo
• 3 members chosen by both
parties from the Lupon
members
• Failure to agree on its
membership- determined by
lots drawn by Lupon Chairman
 Functions
• Chairman – presides over
meetings/hearings
• Secretary – prepares the
minutes of the pangkat
proceedings
- Issues notices to
parties concerned
 LEGAL ADVISERS

• Render legal advice on matters

involving questions of law

 Provincial legal officer

 City/municipal legal officer

 Public prosecutor
SUBSTANTIVE ASPECTS

• Subject matter

• Venue
 Subject matter:
• Disputes between or among the
parties who are actually
residing in the same city or
municipality
 Exceptions:

 Where one party is the government, or any

subdivision or instrumentality thereof;

 When one party is a public officer or employee,

and the dispute relates to the performance of his
official functions;

 Offenses punishable by imprisonment exceeding

One (1) Year or a fine exceeding Php5,000.00;
 Exceptions:

 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;

 Where the dispute involves parties who actually

reside in barangays of different cities or
municipalities, except when barangay units
adjoin each other and the parties thereto agree
to submit their differences to amicable settlement
by an appropriate lupon;
 Exceptions:

 Such other classes of disputes which the

President determines in the interest of justice or
upon the recommendation of the Secretary of
Justice.
a. Criminal Cases where respondent is under
Police Custody;
b. Petition for Habeas Corpus;
c. Actions coupled with provisional remedies
such as injunction, attachment, delivery of
personal property and support during
pendency of the case;
d. Actions barred by Statute of Limitations.
 Exceptions:

 Where the dispute arises from CARL.

 Labor disputes or controversies arising from
employer-employee relations.
 Actions to annul judgment upon a compromise,
which may be filed directly with the court.
(Sanchez vs. Tupaz, 158 SCRA 459)
 Offenses where there is no private offended
party
 Exceptions:

The court in which non-criminal

cases not falling under the authority
of the Lupon , at any time before trial,
motu propio, refer the case to the
concerned Lupon for amicable
settlement
Common types of cases:
Criminal Cases:
1. Physical injuries
2. Slander
3. Threats
4. Robbery
5. Theft
Common types of cases:
Criminal Cases:
7. Damage to property
8. Estafa
9. Trespassing
10. Coercion
11. Unjust vexation
Common types of cases:
Civil Cases:
1. Ejectment
2. Family or marital problems
3. Collection of debts or rentals
4. Breach of contract
5. Damages
6. Demand for specific
performance of obligations
arising from contracts
 Venue:
Types of dispute Venue
Actual residents of the same Lupon of said barangay
barangay
Actual Residents of different Where the respondent or
barangays within the same city any of the respondents
or municipality actually resides, at the
election of the
complainant
Dispute involving Real Property Where Real Property or
or interest thereon bigger portion thereof is
located
arising at the workplace where brought in the barangay
contending parties are where such workplace or
employed or at the institution institution is located
where such parties are enrolled
for study
 KP PROCESS

MEDIATION CONCILIATION
COMPLAINT before the EXECUTION
through the
Lupon
Chairman Pangkat

AMICABLE
SETTLEMENT
IS REACHED
 MEDIATION

Issuance of
Filing of Payment of notice of
Complaint filing fee hearing/
summons

Amicable Mediation
Execution
settlement (15 days)
(6 months)
(10 days)
Conciliation
Secretary transmits before the
records (5 days) Pangkat
 CONCILIATION
Issuance of
Constitution notice of
Failed of the Pangkat hearing/
mediation summons
(15 days)
(3 days)

(* 15 days)

Amicable Conciliation
Execution settlement (15 days)
(10 days)

Secretary transmits
records (5 days) (Certificate to
File Action)
Compromise Agreement
• In writing

• In a language or dialect known to parties

• Signed by them

• Attested to by the lupon chairman

Issues that cannot be subject
matter of a compromise
agreement:
(those contrary to law, morals,
good customs, public order and
public policy)
 Civil status of persons
 Validity of marriage or legal
separation
 Any ground for legal separation
 Future support
 Jurisdiction of courts
Consequences of non-appearance
without justifiable cause:

COMPLAINANT RESPONDENT
Dismissal of the Dismissal of the
complaint counterclaim

Bar the complainant in Bar the filing of the

filing the same in court counterclaim in court
(Certificate to Bar (Certificate to Bar
Action) Counterclaim)
Can be punished for Can be punished for
indirect contempt of indirect contempt of
court court
 CERTIFICATE TO FILE
ACTION

• Issuance of a CFA is a
ministerial duty
When is a CFA issued?
• Settlement is repudiated (KP
Form no. 20)
• Failure of Settlement (KP Form
no. 21)
• Refusal to appear before the
pangkat (KP Form no. 22)
ARBITRATION
 ARBITRATION

Agreement
Mediation/ to undergo
Conciliation Arbitration Arbitration
Proceeding
(5 days to withdraw)

Execution Furnish a Decision

(6 months) copy (15 days but not
(5 days) earlier than 6
(10 days) days)

Secretary transmits
records (5 days)