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an Introduction

Legal Bases

Old Laws
1. PD 1508 enacted on June 11, 1978
2. Local Government Code of 1983 (BP No.
337)
New Laws
1. Local Government Code of 1991 (Sec.
399-422)
2. KP Rules, Promulgated by the DOJ
Date of Effectivity: June 2, 1992
What is Katarungang Pambarangay?
•is a system of justice
•administered at the barangay level
•for the purpose of amicably settling
disputes
•through mediation, conciliation or
arbitration
•among the members of family or
barangay without resorting to the courts.
What is Katarungang Pambarangay?

•It is the Philippine response to the


continuing global search for indigenous
mediation structures capable of resolving
disputes within a community, and beyond
the formal courts of justice.

•A barangay justice system made


operational by the Lupon Tagapamayapa
What is Katarungang Pambarangay?

•It is not in legal contemplation a court


(DOJ Opinions No. 95, s. 1981 and No. 43, s.
1982).

• The Lupon or its Chairman and the


Pangkat do not try cases and decide
cases which are the essence of the
jurisdiction vested upon a court of law
(Gonzales v. Court of Appeals, 151 SCRA 287, 291-
292 [1987]).
Objectives

1. Perpetuate and recognize time-honored


tradition of amicably settling disputes
2. Implement Constitutional mandate to
preserve and develop Filipino culture and to
strengthen the family as a basic social
institution
3. Speedy administration of justice
4. Minimize the indiscriminate filing of cases in
court
5. Relieve the courts of docket congestion
6. Enhance quality justice dispensed by courts
COMPOS ITION OF LUPONG TAGAPAMAYAPA
Chairman: Punong Barangay

Secretary:
Barangay Secretary
10 to 20 lupon members

pangkat tagapagkasundo

Chair secretary member


Duties and Functions of
the Punong Barangay
1. Ensures the effective and efficient
implementation of the Katarungang
Pambarangay
2. Constitutes the Lupon
3. Administers the oath of Lupon Members
4. Constitutes the Pangkat whenever necessary
5. Conducts mediation proceedings
6. Receives written complaints or puts into
writing verbal complaints
Duties and Functions of
the Punong Barangay
7. Informs the complainants of the date of hearing or
conference
8. Sends summons to respondent
9. Administers oath on matters in relation to the
implementation of KP
10.Writes and certifies the settlement or conditions
arrived at by the parties to the dispute who shall
also signed the same
11.Arbitrates any disputes when parties agreed to
such mode in writing
12.Execute the awards within the period prescribed by
law.
Duties and Functions of
the Barangay Secretary
1. Keeps custody of all records pertaining to the
implementation of KP (i.e. record book of cases,
notices sent and receiving person, summons sent
and receiving persons)
2. Records the mediation proceedings before the
punong barangay
3. Keeps custody of the records of mediation
proceedings
4. Receives and keeps custody of the records of
proceedings before the pangkat
Duties and Functions of
the Barangay Secretary
5. Records the intentional failure of parties to
the attend the hearing or conference
6. Issues certifications necessary in the
implementation of KP
7. Provides copy/ copies of the settlement or
arbitration award to the parties and the
Punong Barangay
8. Submit copy/ copies of settlement or
arbitration award to the local court
Duties and Functions of
the Barangay Secretary
9. Issues certified true copy of any
document pertaining to KP to requesting
party so long as it is not classified as
confidential
10. Submits reports to the local court
11. Submits reports to the DILG
12. Provides reports to other agencies upon
request
13. Assists the PB in the effective and efficient
implementation of KP
Duties and Functions of the Lupon

1. Provide administrative supervision over various pangkats;

2. Conduct regular monthly meeting on date set by Lupon


Chair;

3. Concur with PB by majority vote the withdrawal of


appointment of a member by reason of incapacity;

4. Enforce through PB the execution of settlement or award;

5. Exercise such other powers as may be prescribed by law or


ordinance.
Constitution of the Lupon
Qualification of Lupon members

1. Actually residing or working in the barangay


2. Not expressly disqualified by law. Persons expressly
disqualified by law are:
• Any person below 18 years of age
• Any person who is considered as incompetent
• Any person convicted of a crime with the penalties of
perpetual or temporary disqualification from holding
public office
• Any elective government official
• Member of AFP on active duty
3. Posses integrity, impartiality, independence of mind, sense
of fairness, and reputation for probity, tact, patience,
resourcefulness, flexibility, and open-mindedness
Process of Constitution of Lupon
• PB shall determine the
number of people, not less
than 10 nor more than 20.

-- PB shall take into consideration the


barangay population and volume of
disputes previously brought for
conciliation in the barangay.
• Prepare a Notice to Constitute
the Lupon (prepared by the
Punong Barangay within 15 days
from the start of his term of
office) – KP Form 1

• Post said Notice to constitute the


Lupon immediately upon its
completion in 3 conspicuous places in
the barangay continuously for a
period of not less than 3 weeks
• Appoint the Lupon (appointments
shall be in writing, signed by the
Punong barangay, and attested by
the barangay secretary) – KPF 2

• Notice of Appointment informing


the appointed Lupon member as to
when he shall take his Oath –
KPF 3
• Posting of appointed members
in 3 conspicuous places in the
barangay for the entire duration
of their term – KPF 4

• Taking of Oath which shall be


undertaken by the Punong
Barangay – KPF 5

• In cases of Withdrawal of
Appointment – KPF 6
Forms used in
Mediation Proceedings
• – KPF 7 Complaint
• – KPF 8 Notice of Hearing
• – KPF 9 Summons
• – KPF 13 Subpoena
• – KPF 16 Amicable Settlement
• – KPF 18 Notice of Hearing
(Failure of Complainant to
Appear)
Forms used in
Mediation Proceedings
• – KPF 19 Notice of Hearing
(Failure to Appear by Respondent)

• – KPF 21 Certification to Bar


Action(Failure of Complainant to Appear)

• – KPF 22 Certification to Bar


Counter Claim
(Failure of Complainant to Appear)
Forms used in Conciliation
Proceedings
• – KPF 10 Notice for Constitution
of Pangkat
• – KPF 11 Notice to Chosen
Member
• – KPF 12 Notice of Hearing
• – KPF 13 Subpoena
• – KPF 16 Amicable Settlement
• – KPF 18 Notice of Hearing
(Failure of Complainant to Appear)
Forms used in Conciliation
Proceedings
• – KPF 19 Notice of Hearing (Failure
to Appear by Respondent)
• – KPF 21 Certification to Bar Action
(Failure of Complainant to Appear)

• – KPF 22 Certification to Bar Counter


Claim (Failure of Complainant to Appear)
• – KPF 20-A Certification to File Action
(Conciliation Failed)
• – KPF 20-B Certification to File Action
(Respondent failed to Appear)
Forms used in Arbitration

• – KPF 14 Agreement for


Arbitration

• – KPF 15 Arbitration Award


Forms used when
there is Repudiation

• – KPF 17 Repudiation

• – KPF 20 Certificate to File


Action (Settlement was Repudiated)
Forms used in Execution

• – KPF 23 Motion for Execution


• – KPF 24 Notice of Hearing
(for Motion for Execution)

• – KPF 25 Notice for Execution


Forms for Reporting

• – KPF 26 Monthly
Transmittal of Final Report
(Local Court)

• DILG KP Form – Monthly


Report