Chapter 2: Lupong Tagapamayapa Lupong Tagapamayapa - Body organized in every barangay composed of the punong barangay as chairman and

not less than 10 nor more than 20 members from which the members of every Pangkat shall be chosen. - Barangay secretary shall serve as the secretary of the Lupon - The punong barangay shall determine the actual number that will constitute the Lupon within 15 days from the start of his term of office Powers and duties of the punong barangay in the constitution of Lupon DP PA SPAW SP 1. Determine the actual number of members that will constitute the Lupon 2. Prepare a notice to constitute the Lupon 3. Post the notice to constitute the Lupon 4. Appoint the members of the Lupon 5. Swear the appointees into office 6. Post the list of the appointed members 7. Appoint any qualified person to any vacancy that may thereafter occur in the Lupon for any cause 8. Withdraw the appointment of any Lupon member 9. Set the date, time and place of and preside over the meetings of the Lupon 10. Prepare the agenda for each meeting Qualifications of Lupon members: 1. He must have his actual residence or place of work in the barangay 2. He must not be expressly disqualified by law to hold public office 3. He must possess personal characteristics that indicate his suitability for the task of conciliation of disputes 4. He must not be an elective official during the constitution of Lupon Contents of the notice and period of posting the notice to constitute the Lupon The list of names shall be at least five more than that of the actual number previously determined by the punong barangay The notice shall be posted in 3 conspicious places within the barangay for a period of not less than 3 weeks

from the date of assumption to office of the punong barangay Term of office - Period during which Lupon members are entitled to hold office - 3 years term of office, unless the term is sooner terminated by: o Registration o Transfer of residence or place of work o Withdrawal of appointment by the punong barangay with the concurrence of the majority of all the members of the Lupon Resignation - Formal renouncement or relinquishment of an office Withdrawal of appointment of a Lupon member 1. Punong barangay shall notify the member whose appointment he intends to withdraw. 2. Hearing will be conducted by the Lupon 3. The punong barangay, with the concurrence of a majority of all the members of the Lupon Vacancy - The punong barangay shall appoint a suitable person who shall serve the unexpired term of office of the replaced member upon learning of: o Death o Transfer of residence o Transfer of place of work o Acceptance of his resignation Permanent vacancy in the office of the chairman of the Lupon The highest ranking sangguniang barangay member or The second highest ranking sangguniang barangay member, if the first is unable to perform his duties, shall become the chairman of the Lupon

Temporary vacancy in the office of the chairman of the Lupon The highest ranking sangguniang barangay member shall exercise the powers and perform the duties of the chairman for physical reason such as, but not limited to: o Leave of absence o Travel abroad o Suspension from office When the punong barangay is travelling within the country but outside his territorial jurisdiction for a period not exceeding 3 days, he may designate in writing the OIC of the office of the Lupong Tagapamayapa

Appointment of Lupon members The punong barangay shall appoint the members of the Lupon within 10 days from the last day of posting the Notice to constitute the Lupon In case of newly created barangays, the lupon shall be constituted not later than 2 months -

In failure to do so, the highest sangguniang barangay member shall have the right to assume the powers, duties, and functions of said office on the 4th day of absence, except the power to appoint, suspend or dismiss employees The punong barangay shall only authorize the highest ranking sangguniang barangay member o

Character of office - The lupon members, while in the performance of their official duties or on the occasion thereof, shall be deemed as PERSONS in AUTHORITY Nature of service - Members of the Lupon shall serve without compensation o But, they shall receive honoraria, allowances, and such other emoluments as may be authorized by law or barangay, municipal or city ordinance Functions of the Lupon 1. Exercise administrative supervision over the conciliation panels by seeing to it that they have the necessary supplies and forms required for discharging their duties and that they perform their functions efficiently, effectively and fairly 2. Hold a monthly meeting and special meeting 3. Withdraw the appointment of a member of the Lupon 4. Through the punong barangay, enforce by execution the settlement or arbitration award; 5. Exercise such other powers and perform such other duties and functions prescribed by law or ordinance Chapter 3: Parties Parties - Only natural persons or individuals shall be parties either as complainants or respondents in all disputes which may be brought to the Lupon for amicable settlement Chapter 4: Subject matter for settlement Disputes which cannot be amicably settled by the Lupon: 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. Offenses for which the law prescribes a maximum penalty of imprisonment exceeding 1 year or a fine exceeding 5,000 pesos

4. Offenses where there is no private offended party 5. Where the dispute involves real property located in differenct cities or municipalities, unless the parties thereto agree to submit their differences to amicable settlement by an appropriate Lupon 6. Dispute 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 7. 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 may, at anytime before trial, motu proprio, refer the case to the Lupon concerned for amicable settlement: 8. Any complaint by or against corporations, partnerships or juridical entitites, since only individuals shall be parties to barangay conciliation proceedings either as complainants or respondents 9. 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 b. Petition for habeas corpus by a person illegally deprived of his rightful custody over another person or person illegally deprived of his liberty or one 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. D actions which may barred by the Statute of Limitations 10. Where the dispute arises from Comprehensice Agrarian Reform Law 11. Labor disputes or controversies arising from employer-employee relations 12. Actions to annul judgment upon a compromise which may be filed directly in court Other offenses that are not proper subject for amicable settlement before the Lupon: 1. Offenses committed by a public officer are related to the performance of his official functions if the public office that he holds is a constituent element of the crime. a. Malfeasance and misfeasance in office b. Frauds and illegal exactions and transactions c. Infidelity of public officers

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d. Other offenses or irregularities by public officers Offenses committed by a public officer while in the performance of the duties of his office Case involving public school teachers or principals a. Dispute arising from punishment inflicted on students or misappropriation of monetary contribution Administrative case Offenses interrelated. One for light offense and the other, serious Civil action arising from an offense, except a. The offended party waives the civil action b. Reserves his right to institute it separately c. Institutes the civil action prior to the criminal action

Offenses under RPC which are within the authority of the Lupon: 1. Art. 155. Alarms and Scandals 2. Art. 174. False medical certificates, false certificates of merits or service, etc 3. Art. 175. Using false certificates 4. Art. 178. Using fictitious name and concealing true name 5. Art. 179. Illegal use of uniforms or insignia 6. Art. 180. False testimony against a defendant 7. Art. 181. False testimony favorable to the defendants 8. Art. 200. Grave scandal 9. Art. 252 (2). Physical injuries inflicted in a tumultuous affray 10. Art. 253. Giving assistance to suicide if the suicide is not consummated 11. Art. 259. Dispensing of abortive by a pharmacist 12. Art. 260. Responsibility of participants in a duel 13. Art. 265. Less serious physical injuries 14. Art. 266. Slight physical injuries and maltreatment 15. Art. 269. Unlawful arrest 16. Art. 271. Inducing a minor to abandon his home 17. Art. 275. Abandonment of persons in danger an abandonment of ones own victim 18. Art. 276. Abandoning a minor. 19. Art. 277. Abandonment of minor by person entrusted with his custody; indifference of parents 20. Art. 280. Trespass to dwelling 21. Art. 281. Other forms of trespass 22. Art. 282(2). Grave threats 23. Art. 283. Light threats 24. Art. 285. Other light threats 25. Art. 286. Grave coercions 26. Art. 287. Light coercions 27. Art. 288. Other similar coercions

28. Art. 289. Formation, maintenance, and prohibition of combination of capital or labor through violence or threats 29. Art. 290. Discovering secrets through seizure of correspondence 30. Art. 291. Revealing secrets with abuse of office 31. Art. 308. Theft 32. Art. 312. Occupation of real property or occupation of real rights in property 33. Art. 313. Altering boundaries or landmarks 34. Art. 315(4). Estafa 35. Art. 316. Other forms of swindling 36. Art. 317. Swindling a minor 37. Art. 318. Other deceits 38. Art. 319. Removal, sale or pledge of mortgaged property 39. Art. 328. Special cases of malicious mischief 40. Art. 329. Other mischiefs 41. Art. 338. Simple seduction 42. Art. 339. Acts of lasciviousness with the consent of the offended party 43. Art. 351. Premature marriages 44. Art. 356. Threatening to publish and offer to prevent such publication for a compensation 45. Art. 357. Prohibited publication of acts referred to in the course of official proceedings 46. Art. 358. Slander 47. Art. 359. Slander by deed. 48. Art. 363. Incriminating innocent persons 49. Art. 364. Intriguing against honor 50. Art. 365. Imprudence and negligence 51. Adultery, concubinage, seduction, abduction, acts of lasciviousness and rape when the offender/s may be pardoned by the offended spouse, party, parents, grandparents or guardian

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offended party Littering Gambling Jaywalking Public scandal Vagrancy prostitution