Katarungang Pambarangay Law

THE Katarungang Pambarangay or Barangay Justice System is a community-based

dispute settlement mechanism administered by the barangay. It covers disputes
between members of the same community (generally, same city/municipality) and
involves the Punong Barangay and other members of the communities (the Lupon
members) as intermediaries (mediators, conciliators, and, sometimes, arbitrators).
-designed primarily based on the Filipino values of pakikisama (cooperation,
comradeship) and pakikipag-kapwa (sympathy), virtues which help maintain smooth
interpersonal relationships and preserve peace and harmony within the family and
the people in the community.
The barangays are given mandate to help in the administration of justice:
1. Conduct conciliation proceedings in civil cases and in criminal cases where
penalty is less than 1 year imprisonment or fine of less than P5000, before the same
can be filed at court.
2. Punong Barangays are granted power to issue Barangay Protection Order (BPO)
under Section 14 of RA 9262 (Anti- VAWC Law)
3. Establishment of Barangay Council or the Protection of Children under RA 9344
4. Create Barangay Agrarian Reform Committee under Section 46 of RA 6657 tasked
to mediate and conciliate parties involved in an agrarian disputes (i.e. tenurial and
financial arrangements)
The conciliation proceedings is likewise a pre-condition before one could file a
case in the Prosecutors Office or in Court (SC Administrative Circular No.
14-93). This rule is required in all civil actions, while for criminal actions, only
those whose prescribed penalty exceed one year of imprisonment or a fine
exceeding P5,000.00.
The Local Government Code of 1991 provides:
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 x x x
General Rules:

Generally, all disputes where parties are from same city or municipality, or
different city/municipality but of adjoining barangays, are within the
competence of their respective Barangay Lupon.
However, there are exceptions to the rule, and these are:
(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.
A Lupon Tagapamayapa -composed of the Punong Barangay and some 10 to 20
members. To qualify as a member, he/she must be residing or working in the
barangay, has integrity, impartial and have sense of fairness and a good reputation
for being honorable. And of course, he/she should not be expressly disqualified by
law.
The Barangay Justice System does not decide disputes nor does it impose solutions
on the parties. Rather, it assists parties in discussing amicable settlement of their
disputes. The Punong Barangay or Lupon members act as facilitators for the parties
discussion. They do not act as judges/jury or adjudicators .
The Lupon exercises administrative supervision over the conciliation panels.
They regularly meet once a month to discuss their experiences in affecting
speedy resolutions of disputes, somewhat like a forum of exchange on
matters involving dispute resolutions and settlements.

A Pangkat Tagapagkasundo on the other hand, comprises of three (3)

members coming from the Lupon, and chosen by the parties concerned. Now,
if the parties fail to agree on the members of the Pangkat, then a draw lots
will be done by the Lupon Tagapamayapa Chairman to determine the
members of the Pangkat. (Section 405, Local Government Code).
What does a Pangkat Tagapagkasundo do? Primarily, it is the Pangkat which
conducts barangay mediation after mediation efforts by the lupon chairman
fails (Section 410 (b), Local Government Code). So in a way, Pangkat is the
second attempt to arbitrate parties. The composition of Pangkat
Tagapagkasundo differs on a case-to-case basis.
However, in case that a member of the Pangkat is found to be biased, a party
may move for the disqualification of said member. An affirmative vote is
needed from the majority of the members of the Pangkat who is tasked to
resolve this motion. Their decision will be deemed final. (Section 410 [d],
Local Government Code).
Some Things You Need to Know About the Barangay Justice System
Did you know?
1. The barangay conciliatory proceeding is a pre-requisite to filing of
case at court.
In 1993, then Chief Justice Narvasa issued an Administrative Circular (SC
Administrative Circular No. 14-93) instructing all trial courts against
entertaining suits which have not undergone through the barangay
conciliatory proceedings. It is only upon showing of a Certification to File
Action from the barangay that a case will be entertained. Of course, cases
falling under the exceptions are not included.
2. The Barangay Justice System is NOT part of the Judicial System.
The Lupong Tagapamayapa are not judges but arbitrators. And although the
word Justice, there is no such thing as Barangay Court. The Lupon or
Pangkat acts like a court (weighing evidence, hearing testimonies, deciding
on the merits, etc.) only on the instances when the parties in dispute agree to
arbitration.
3. Lawyers (as counsel) are not allowed to appear in barangay
hearings. Like in the Small Claims Court, lawyers, acting as
counsel/representative, are not allowed to appear in barangay hearings.
4. The following are the crimes within the authority of the lupon:
The crimes where the Lupon exercises authority are:

(1)

Alarms and Scandals (Art. 155, Revised Penal Code (RPC);

(2)
False medical certificates; false certificates of merit of service if
committed by private person (Article 174, last par., RPC);
(3)

Using false certificates (Article 175, RPC);

(4)

Using fictitious and concealing true name (Article 178, RPC);

(5)
False testimony against a defendant in criminal cases (Article 180, No.
4, RPC);
(6)
Physical injuries inflicted in a tumultuous affray when injuries inflicted
are of a less serious nature (Article 252, 2 nd par., RPC);
(7)

Less Serious Physical Injuries (Article 265, RPC);

(8)

Slight Physical Injuries (Article 266, RPC);

(9)
Kidnapping and failure to return a minor committed by a parent (Article
270 in relation to the last par. of Article 271, RPC);
(10) Inducing a minor to abandon his home (Article 271, 2 nd par. RPC);
(11) Abandonment of persons in danger and abandonment of ones own
victim (Article 275, RPC)
(12) Abandoning a minor (Article 276, RPC);
(13) Abandonment of minor by person entrusted with his custody;
indifference of parents (Article 277, RPC);
(14) Qualified Tresspass To Dwelling (Article 280, RPC);
(15) Other forms of Tresspass (Article 281, RPC);
(16) Grave Threat if the threat was not subject to condition (Article 282, No.
2, RPC);
(17) Light threats (Article 283, RPC);
(18) Other Light threats (Article 285, RPC)
(19) Grave Coercions (Article 286, RPC)
(20) Light Coercions (Article 287, RPC)
(21) Unjust Vexation (Article 287, last paragraph, RPC)

(22) Other similar coercions or compulsory purchase of merchandise and

payment of wages by means of tokens (Article 288, RPC)
(23) Formation, maintenance and prohibition of combination of capital or
labor through violence or threats (Article 289, RPC)
(24) Discovering secrets through seizure of correspondence without
revealing such secrets (Article 290, 2nd paragraph, RPC)
(25) Revealing secrets with abuse of office (Article 291, RPC)
(26) Theft if value of stolen goods does not exceed P50.00 (Article 309, nos.
5, 6, 7 and 8, RPC)
(27) Altering boundaries or landmarks (Article 313, RPC)
(28) Swindling or estafa if the amount of the fraud does not exceed P200.00
(Article 315, 4th paragraph, RPC)
(29) Other forms of swindling (Article 316, RPC)
(30) Swindling a minor (Article 317, RPC)
(31) Other deceits (Article 318, RPC)
(32) Removal, sale or pledge of mortgaged property (Article 319, RPC)
(33) Special cases of malicious mischief where the value of the damaged
property does not exceed one thousand pesos (Article 328, Nos. 2 and 3,
RPC)
(34) Other mischief (Article 329, RPC)
(35) Destroying or damaging useful or ornamental painting of a public nature
(Article 331, 2nd paragraph, RPC)
(36) Simple seduction (Article 338, RPC)
(37) Acts of lasciviousness with the consent of the offended party
(38) Premature marriage (Article 351, RPC)
(39) Threatening to publish and offer to prevent such publication for a
compensation or blackmail (Article 356, RPC)
(40) Publication of facts connected with the private life of a person (Article
357, RPC)
(41) Slight Oral Defamation (Article 358, RPC)

(42) Slight Slander by Deed (Article 359, RPC)

(43) Incriminating Innocent Person (Article 363, RPC)
(44) Intriguing against person (Article 364, RPC)
(45) Reckless imprudence had it been intentional would constitute a less
grave felony or a light felony (Article 365, RPC)
(46) Simple Imprudence (Article 365, RPC)
(47) Violation of BP 22