KATARUNGANG PAMBARANGGAY LAW by Caraig CHAPTER 1.

Introduction PD 1508, enacted on June 11, 1978, took effect on December 11, 1978 this law compels confrontation of the parties before the Punong Barangay who will mediate the disputes between them. RA 7160, Local Government Code of 1991, Chapter 7, Title 1, Book III, took effect on January 1, 1992 revised the law on Katarungang Pambarangay, expressly repealing PD 1508. 3 new features: (1) it increased the authority of the Lupong Tagapamayapa in criminal offenses from those punishable by imprisonment not exceeding 30 days or a fine not exceeding P200 to offenses punishable by imprisonment not exceeding 1 year or a fine not exceeding P5,000 (2) as to venue, it provides for disputes arising at the institution where such parties are enrolled for study or at the workplace where the contending parties are employed (3) it provides for the suspension of the prescriptive periods of the offenses during the pendency of the mediation, conciliation or arbitration process Katarungang Pambarangay is justice administered at the barangay level for the purpose of settling disputes among families and barangay members without judicial recourse. It establishes a system of amicably settling disputes at the barangay level for the accomplishment of the following objectives: 1. to perpetuate and officially recognize the time honored tradition of amicably settling disputes at the barangay level; 2. to promote the speedy administration of justice; 3. to implement the constitutional mandate to preserve and develop Filipino culture and to strengthen the family as the basic social institution; 4. to relieve the courts of docket congestion due to indiscriminate filing of cases; 5. to enhance the quality of justice dispensed by the courts. CHAPTER 2. Lupong Tagapamayapa Lupong Tagapamayapa the 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. Term of office the period during which the lupon members are entitled to hold office, perform its functions and enjoy its privileges and emoluments. Resignation a formal renouncement or relinquishment of an office. It must be made with intention of relinquishing the office accompanied by act of relinquishment. Composition of the Lupon: - PB as the Lupon Chairman - Barangay secretary as the Lupon secretary - 10-20 Lupon members Powers and Duties of the PB in the Constitution of the Lupon: 1. Determine the actual number of members that will constitute the lupon; - within 15 days from the start of his term of office - not less than 10 nor more than 20 members - taking into consideration the barangay population and the volume of disputes previously brought for conciliation. 2. Prepare a notice to constitute the lupon; - within 15 days from the start of his term of office - the notice contains the (1) list of the names of the proposed members (actual number + 5 names) (2) invitation to barangay members to submit endorsements, oppositions, recommendations 3. Post the notice to constitute the lupon; - posted in 3 conspicuous places within the barangay - posted for at least 3 weeks

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4. Appoint the members of the lupon; - within 10 days from the last day of posting the notice - appointment must be in writing, signed by the PB, attested to by the barangay secretary 5. Swear the appointees to office; - purpose: to instill a sense of responsibility and dedication to duty to provide a fixed period from which he commences to be a member 6. Post the list of the appointed members; - posted in 3 conspicuous places within the barangay - posted for the entire duration of their term of office 7. Appoint any qualified person to any vacancy that may thereafter occur in the lupon for any cause; - vacancy upon death, change of residence or place of work, resignation or withdrawal 8. Withdraw the appointment of any lupon; - unsuitability, incapacity - PB shall notify the member he intends to withdraw - a hearing will be conducted by the lupon - with the concurrence of the absolute majority of all the members of the lupon - the acts or omissions constituting the grounds for withdrawal must be specified - members of the lupon conforming to the withdrawal must affix their signatures or thumb marks on the Withdrawal 9. Set the date, time, and place of and preside over the meetings of the lupon; - purpose include (1) forum regarding amicable settlement of disputes (2) to enable sharing observations and experiences in effecting speedy solution of disputes (3) forum regarding public matters relevant to amicable settlement 10. Prepare the agenda for the meeting. - the minutes thereof shall be prepared and kept by the lupon secretary - minutes shall not be detailed >Within 15 days from the start of term of office of the PB, he shall determine the actual number of the members of the lupon, then he shall prepare a notice to constitute the lupon. >For at least 3 weeks, the notice to constitute the lupon shall be posted in 3 conspicuous places. >Within 10 days from the last day of posting the notice, he shall appoint the lupon. >For the entire duration of their term of office, the list of the Lupon members shall be posted in 3 conspicuous places. (In case of newly created barangays, the lupon shall be constituted not later than 2 months from the date of assumption of office) Qualifications of Lupon Members: 1. Actual residence or place of work in the barangay 2. Not expressly disqualified by law to hold public office 3. Personal characteristics that indicate his suitability for the task of conciliation of disputes. - integrity, impartiality, independence of mind, sense of fairness, probity, tact, patience, etc. Functions of the Lupon (WTHEE) 1. Withdraw the appointment of a member of the lupon. - concurrence of the majority of all the members of lupon 2. Through the PB, enforce by execution the settlement or arbitration award. 3. Hold a monthly meeting and special meeting. - the date is set by the PB - a special meeting may be called by the PB from time to time - the public should be invited 4. 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. 5. Exercise such other powers and perform such other duties and functions prescribed by law or ordinance.

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Ways of termination of Lupon Members: 1. Resignation 2. Transfer of residence or place of work 3. Withdrawal of appointment Vacancy in the Office of the Chairman of the Lupon/Punong Barangay Temporary incapacity (leave of absence, travel abroad, suspension of office, legal causes) - The highest ranking Sanggunian member shall exercise the powers and perform the duties and functions of the PB Exc.: power to appoint, suspend, withdraw Exc. to the exc.: when the temporary incapacity exceeds 30 days - A written declaration from the PB to the Sangguniang barangay shall terminate the temporary incapacity declaring that he has reported back to office if due to legal causes, with submission of necessary documents showing that said legal causes no longer exist - Temporary incapacity shall terminate upon submission to the Sangguniang barangay of a written declaration Temporary Absence (not exceeding 3 days; with OIC) - An officer-in-charge may be designated by the PB in writing Exc.: No authorizing any local official Exc. to the exc.: The highest ranking Sanggunian member - The PB shall specify the powers and functions the OIC shall exercise Exc.: power to appoint, suspend, withdraw - A written declaration from the PB to the Sangguniang barangay shall terminate the temporary incapacity declaring that he has reported back to office if due to legal causes, with submission of necessary documents showing that said legal causes no longer exist - Temporary incapacity shall terminate upon submission to the Sangguniang barangay of a written declaration Temporary Absence (4th day of absence; without OIC) - The highest ranking Sanggunian member shall assume the office of the PB on the 4 th day of absence - A written declaration from the PB to the Sangguniang barangay shall terminate the temporary incapacity declaring that he has reported back to office if due to legal causes, with submission of necessary documents showing that said legal causes no longer exist - Temporary incapacity shall terminate upon submission to the Sangguniang barangay of a written declaration Important Notes: Educational attainment is not one of the factors to be considered as lupon member. Appointive public officer or employee is not disqualified by law to be a lupon member. Elected official is disqualified to be a lupon member during his tenure. Retired government officials may be a lupon member. Lawyers, Ecclesiastics or Religious persons are suitable to be a lupon member. Public consultation should be made by the PB so that his choice will have the moral backing of his constituents. Punong Barangays and Lupon Members are persons in authority in their jurisdictions. directly vested with jurisdiction the power or authority to govern and execute the laws to give them protection, dignity and respect in the performance of their duties No compensation for the Lupon, only honoraria, allowances, and such other emoluments as may be authorized. DILG is obligated to provide for a system of granting incentives to lupon members who adequately demonstrate the ability to judiciously and expeditiously resolve cases. The Lupon, while in the performance of their duties, 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 . The Lupon is not a court of law; no trying and deciding for cases.

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CHAPTER 3. Parties Important Notes: The Katarungang Pambarangay Law applies only to cases involving natural persons, and not where any of the parties is a juridical person such as corporation, partnership, corporation sole, testate or intestate estate, etc. Reason: Moral ascendancy or influence of the PB to the natural persons residing in his jurisdiction

CHAPTER 4. Subject Matters for Settlement Exceptions to disputes which can be amicably settled by the Lupon: 1. Where one party is the government, or any subdivision or instrumentality thereof. Reason: The Lupon do not have moral ascendancy over them. If the same is only one of the contending parties, settlement of the other parties should still be undertaken, provided that they are residents of the same barangay. 2. Where one party is a public officer or employee, and the dispute relates to the performance of his official functions. 1. Offenses related to his official function Ex.: malfeasance and misfeasance in office, fraud and illegal transactions and exactions, infidelity of public officers; disputes arising from punishment inflicted by a teacher on students, misappropriation of money; administrative cases 2. Offenses committed while in the performance of the duties of his office Ex.: a policeman who unnecessarily inflicted less serious physical injuries in the course of arresting an offender 3. Offenses for which the law prescribes a maximum penalty of imprisonment exceeding 1 year or a fine exceeding P5,000. Only petty offenses are subject to amicable settlement In case there are 2 offenses involved in one dispute, one light, one serious, the Lupon shall refer the dispute to the office of the prosecutor for preliminary investigation. Civil action arising from a criminal offense may only be dealt with by the Lupon if: (1) the offended party reserves his right to institute it separately (2) the offended party institutes the civil action prior to the criminal action But any civil dispute cognizable by the inferior courts, or even by regional trial courts, may be settled by the Lupon. Cases involving civil status are within the jurisdiction of the Lupon. 4. Offenses where there is no private offended party. Ex.: A violation of a city ordinance, jaywalking, littering; violations to the state 5. Where the dispute involves real property located in different cities or municipalities. Exc.: The parties thereto reside within the same city or municipality and they mutually agree to submit their differences to amicable settlement by an appropriate lupon. 6. Disputes involving parties who actually reside in barangays of different cities or municipalities. Exc.: 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

8. Any complaint by or against corporations, partnerships or juridical entities, since only individuals shall be parties to barangay conciliation proceedings either as complainants or respondents.

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9. Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued. - Criminal actions where accused is under police custody or detention - Petition for habeas corpus by a person illegally deprived of his rightful custody over another or person illegally deprived of his liberty or one acting in his behalf - Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of persona property and support during the pendency of the action - Actions which may be barred by the Statute of Limitations 10. Where the dispute arises from the Comprehensive Agrarian Reform Law. RA 6657 requires mediation and conciliation of agrarian disputes before the Barangay Agrarian Reform Committee. Agrarian disputes any controversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship or otherwise, over lands devoted to agriculture, including disputes concerning farm workers associations or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of such tenurial arrangements. Agrarian disputes may be filed with the court or other government offices without passing through BARC. 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. A compromise judgment, as a general rule, is immediately executor. Offenses under the Revised Penal Code which are within the jurisdiction of the Lupon: 1. Alarms and scandals 27. Other similar coercions (Compulsory purchase of 2. False medical certificates, false certificates of merits or merchandise and payment of wages by means service, etc. of tokens) 3. Using false certificates 28. Formation, maintenance and prohibition of combination 4. Using fictitious name and concealing true name of capital or labor through violence or threats 5. Illegal use of uniforms or insignia 29. Discovering secrets through seizure of correspondence 6. False testimony against a defendant 30. Revealing secrets with abuse of office 7. False testimony favorable to the defendants 31. Theft 8. Grave scandal 32. Occupation of real property or occupation of real rights in 9. Physical injuries inflicted in a tumultuous affray property 10. Giving assistance to suicide if the suicide is not 33. Altering boundaries or landmarks consummated 34. Estafa 11. Dispensing of abortive by a pharmacist 35. Other forms of swindling 12. Responsibility of participants in a duel 36. Swindling a minor 13. Less serious physical injuries 37. Other deceits 14. Slight physical injuries and maltreatment 38. Removal, sale, or pledge of mortgaged property 15. Unlawful arrest 39. Special cases of malicious mischief 16. Inducing a minor to abandon his home 40. Other mischiefs 17. Abandonment of persons in danger and abandonment of 41. Simple seduction ones own victim 42. Acts of lasciviousness with the consent of the offended 18. Abandoning a minor party 19. Abandonment of minor by person entrusted with his 43. Premature marriages custody; indifference of parents 44. Threatening to publish and offer to prevent such 20. Trespass to dwelling publication for a compensation 21. Other forms of trespass 45. Prohibited publication of acts referred to in the course of 22. Grave threats official proceedings 23. Light threats 46. Slander 24. Other light threats 47. Slander by deed 25. Grave coercions 48. Incriminating innocent persons 26. Light Coercions 49. Intriguing against honor 50. Imprudence and negligence 5|mlll

CHAPTER 5. Venue Venue - is the place provided by law for filing an action or proceeding Residence ones personal, actual or physical habitation or his actual residence or place of abode, which may not necessarily be his legal residence or domicile, provided he resides therein with continuity and consistency. - it signifies physical presence in a place and actual stay thereat. - No particular length of time of residence is required; however, the residence must be more than temporary. Ex vi termini actual residence, as distinguished from legal residence or domicile Rules on Place of Settlement of Disputes WHAT WHO 1. Disputes between persons actually residing in the same barangay WHERE shall be brought for amicable settlement before the lupon of the said barangay.

2. Those

involving actual residents of different barangays (but) within the same city or municipality

3. All disputes involving real property or any interest therein 4. Those arising at the workplace, or at the institution where the contending parties are employed, or where such parties are enrolled for study,

shall be brought in the barangay where the respondent or any of the respondents actually resides, at the election of the complainant. shall be brought in the barangay where the real property or the larger portion thereof is situated. shall be brought in the barangay where such workplace or institution is located.

* The law refers to actual or physical habitation of the contending parties, not to ones legal residence or domicile. * The concept of residence requirement is residence and membership in the said barangay. ** The case can be filed immediately in court without referral to the lupon when the parties are not actual residents of the same city or municipality. * When not within the same city or municipality, not within the jurisdiction of the lupon. Exc: adjoining barangay units and parties agree to submit their differences to amicable settlement by an appropriate lupon. ** * Where disputes involve real property and the parties are not actual residents in the same city or municipality, the lupon is not authorized to take cognizance of the case. **

Rationale behind the Rules 1. The punong barangay and the lupon of the said barangays are in a best position to persuade the respondent, who is a resident of the same barangay, to settle dispute with the complainant. 2. To hinder the complainant from utilizing the barangay conciliation procedure. 3. Convenience

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