Katarungang Pambarangay

The Katarungang Pambarangay or the barangay justice system is

governed by Sections 399 to 422 of the Local Government Code. It has
helped lessen the burden of our courts by settling at the barangay level
conflicts and disputes between residents of the same barangay.

Issues regarding barangay justice:

[1] Lawyers are not allowed to appear in barangay hearings.

[2] Even if the parties in dispute are residents of the same barangay, they
do not necessarily have to go through the Katarungang Pambarangay.
Section 408 of the Local Government Code enumerates the exceptions
where the parties can go straight to court or to the fiscals office.

[3] If there has been an arbitration award or amicable settlement, and one
party does not comply, the other party can file with the Municipal or
Metropolitan Trial Court a petition for the execution of such settlement or
award (Section 417). Although the Lupon has the authority to execute such
arbitration award or amicable settlement, some barangay officials refuse to
do so. Their reason is politics; they do not want to antagonize people who
might vote against them in the next barangay elections.

[4] Despite the use of the term justice, there really is no such thing as a
barangay court. The barangay officials who compose the Lupong
Tagapamayapa or the Pangkat ng Tagakapagsundo are not judges. One of
my former students told me that a barangay captain in Dasmarinas, Cavite
obligates everyone to call him Justice. One of my friends who got
involved in a dispute in a Taguig City barangay told me that the head of the
Lupon threatened him that his complaint will be dismissed for lack of
merit. The only instance that the Lupon or Pangkat acts like a court
(weighing evidence, hearing testimonies, deciding on the merits, etc.) is
when the parties in dispute agree to arbitration.

Differences among conciliation, mediation, and arbitration

Conciliation and mediation both look to maintain an existing business

relationship and to rekindle a lost balance of power between two parties.
These concepts are sometimes used as synonyms, but they do indeed
vary substantially in their procedures. In mediation, the mediator controls
the process through different and specific stages: introduction, joint
session, caucus, and agreement, while the parties control the outcome. By
contrast, in conciliation the conciliator may not follow a structured process,
instead administering the conciliation process as a traditional negotiation,
which may take different forms depending on the case.

Arbitration is an ADR (alternative dispute resolution) method where the

disputing parties involved present their disagreement to one arbitrator or a
panel of private, independent and qualified third party arbitrators. The
arbitrator(s) determine the outcome of the case. While it may be less
expensive and more accessible than trial, the arbitration process has well-
defined disadvantages. Some of disadvantages include the risk losing,
formal or semi-formal rules of procedure and evidence, as well as the
potential loss of control over the decision after transfer by the parties of
decision-making authority to the arbitrator. By employing arbitration, the
parties lose their ability to participate directly in the process. In addition,
parties in arbitration are confined by traditional legal remedies that do not
encompass creative, innovative, or forward-looking solutions to business
disputes. (Read the complete article)

Katarungang Pambarangay Sections 399 to 422 of the Local

Government Code

SEC. 399. Lupong Tagapamayapa. - (a) There is hereby created in each

barangay a lupong tagapamayapa, hereinafter referred to as the lupon,
composed of the punong barangay as chairman and ten (10) to twenty (20)
members. The lupon shall be constituted every three (3) years in the
manner provided herein.

(b) Any person actually residing or working in the barangay, not otherwise
expressly disqualified by law, and possessing integrity, impartiality,
independence of mind, sense of fairness, and reputation for probity, may
be appointed a member of the lupon.

(c) A notice to constitute the lupon, which shall include the names of
proposed members who have expressed their willingness to serve, shall
be prepared by the punong barangay within the first fifteen (15) days from
the start of his term of office. Such notice shall be posted in three (3)
conspicuous places in the barangay continuously for a period of not less
than three (3) weeks;

(d) The punong barangay, taking into consideration any opposition to the
proposed appointment or any recommendations for appointments as may
have been made within the period of posting, shall within ten (10) days
thereafter, appoint as members those whom he determines to be suitable
therefor. Appointments shall be in writing, signed by the punong barangay,
and attested to by the barangay secretary.

(e) The list of appointed members shall be posted in three (3) conspicuous
places in the barangay for the entire duration of their term of office; and

(f) In barangays where majority of the inhabitants are members of

indigenous cultural communities, local systems of es through their councils
of datus or elders shall be recognized without prejudice to the applicable
provisions of this Code.

SEC. 400. Oath and Term of Office. - Upon appointment, each lupon
member shall take an oath of office before the punong barangay. He shall
hold office until a new lupon is constituted on the third year following his
appointment unless sooner terminated by resignation, transfer of residence
or place of work, or withdrawal of appointment by the punong barangay
with the concurrence of the majority of all the members of the lupon.

SEC. 401. Vacancies. - Should a vacancy occur in the lupon for any
cause, the punong barangay shall immediately appoint a qualified person
who shall hold office only for the unexpired portion of the term.

SEC. 402. Functions of the Lupon. - The lupon shall: (a) Exercise
administrative supervision over the conciliation panels provided herein;

(b) Meet regularly once a month to provide a forum for exchange of ideas
among its members and the public on matters relevant to the amicable
settlement of disputes, and to enable various conciliation panel members
to share with one another their observations and experiences in effecting
speedy resolution of disputes; and

(c) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.

SEC. 403. Secretary of the Lupon. - The barangay secretary shall

concurrently serve as the secretary of the lupon. He shall record the
results of mediation proceedings before the punong barangay and shall
submit a report thereon to the proper city or municipal courts. He shall also
receive and keep the records of proceedings submitted to him by the
various conciliation panels.

SEC. 404. Pangkat ng Tagapagkasundo. - (a) There shall be constituted

for each dispute brought before the lupon a conciliation panel to be known
as the pangkat ng tagapagkasundo, hereinafter referred to as the pangkat,
consisting of three (3) members who shall be chosen by the parties to the
dispute from the list of members of the lupon. Should the parties fail to
agree on the pangkat membership, the same shall be determined by lots
drawn by the lupon chairman.

(b) The three (3) members constituting the pangkat shall elect from among
themselves the chairman and the secretary. The secretary shall prepare
the minutes of the pangkat proceedings and submit a copy duly attested to
by the chairman to the lupon secretary and to the proper city or municipal
court. He shall issue and cause to be served notices to the parties
concerned. The lupon secretary shall issue certified true copies of any
public record in his custody that is not by law otherwise declared
confidential.

SEC. 405. Vacancies in the Pangkat. - Any vacancy in the pangkat shall
be chosen by the parties to the dispute from among the other lupon
members. Should the parties fail to agree on a common choice, the
vacancy shall be filled by lot to be drawn by the lupon chairman.

SEC. 406. Character of Office and Service of Lupon Members. - (a)

The lupon members, while in the performance of their official duties or on
the occasion thereof, shall be deemed as persons in authority, as defined
in the Revised Penal Code.

(b) The lupon or pangkat members shall serve without compensation,

except as provided for in Section 393 and without prejudice to incentives
as provided for in this Section and in Book IV of this Code. The
Department of the Interior and Local Government shall provide for a
system of granting economic or other incentives to the lupon or pangkat
members who adequately demonstrate the ability to judiciously and
expeditiously resolve cases referred to them. While in the performance of
their duties, the lupon or pangkat members, 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
by reason thereof.

SEC. 407. Legal Advice on Matters Involving Questions of Law. - The

provincial, city legal officer or prosecutor or the municipal legal officer shall
render legal advice on matters involving questions of law to the punong
barangay or any lupon or pangkat member whenever necessary in the
exercise of his functions in the administration of the katarungang
pambarangay.

SEC. 408. Subject Matter for Amicable Settlement; Exception

Thereto. - The lupon of each barangay shall have authority to bring
together the parties actually residing in the same city or municipality for
amicable settlement of all disputes except:

(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. The court in which non-criminal cases not falling within the
authority of the lupon under this Code are filed may, at any time before
trial, motu proprio refer the case to the lupon concerned for amicable
settlement.

SEC. 409. Venue. - (a) Disputes between persons actually residing in the
same barangay shall be brought for amicable settlement before the lupon
of said barangay.

(b) Those involving actual residents of different barangays within the same
city or municipality shall be brought in the barangay where the respondent
or any of the respondents actually resides, at the election of the
complainant.

(c) All disputes involving real property or any interest therein shall be
brought in the barangay where the real property or the larger portion
thereof is situated.

(d) Those arising at the workplace where the contending parties are
employed or at the institution where such parties are enrolled for study,
shall be brought in the barangay where such workplace or institution is
located. Objections to venue shall be raised in the mediation proceedings
before the punong barangay; otherwise, the same shall be deemed
waived. Any legal question which may confront the punong barangay in
resolving objections to venue herein referred to may be submitted to the
Secretary of Justice, or his duly designated representative, whose ruling
thereon shall be binding.

SEC. 410. Procedure for Amicable Settlement. - (a) Who may initiate
proceeding - Upon payment of the appropriate filing fee, any individual who
has a cause of action against another individual involving any matter within
the authority of the lupon may complain, orally or in writing, to the lupon
chairman of the barangay.

(b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon
chairman shall within the next working day summon the respondent(s),
with notice to the complainant(s) for them and their witnesses to appear
before him for a mediation of their conflicting interests. If he fails in his
mediation effort within fifteen (15) days from the first meeting of the parties
before him, he shall forthwith set a date for the constitution of the pangkat
in accordance with the provisions of this Chapter.

(c) Suspension of prescriptive period of offenses - While the dispute is

under mediation, conciliation, or arbitration, the prescriptive periods for
offenses and cause of action under existing laws shall be interrupted upon
filing of the complaint with the punong barangay. The prescriptive periods
shall resume upon receipt by the complainant of the complaint or the
certificate of repudiation or of the certification to file action issued by the
lupon or pangkat secretary: Provided, however, That such interruption shall
not exceed sixty (60) days from the filing of the complaint with the punong
barangay.

(d) Issuance of summons; hearing; grounds for disqualification - The

pangkat shall convene not later than three (3) days from its constitution, on
the day and hour set by the lupon chairman, to hear both parties and their
witnesses, simplify issues, and explore all possibilities for amicable
settlement. For this purpose, the pangkat may issue summons for the
personal appearance of parties and witnesses before it. In the event that a
party moves to disqualify any member of the pangkat by reason of
relationship, bias, interest, or any other similar grounds discovered after
the constitution of the pangkat, the matter shall be resolved by the
affirmative vote of the majority of the pangkat whose decision shall be final.
Should disqualification be decided upon, the resulting vacancy shall be
filled as herein provided for.

(e) Period to arrive at a settlement - The pangkat shall arrive at a

settlement or resolution of the dispute within fifteen (15) days from the day
it convenes in accordance with this section. This period shall, at the
discretion of the pangkat, be extendible for another period which shall not
exceed fifteen (15) days, except in clearly meritorious cases.

SEC. 411. Form of Settlement. - All amicable settlements shall be in

writing, in a language or dialect known to the parties, signed by them, and
attested to by the lupon chairman or the pangkat chairman, as the case
may be. When the parties to the dispute do not use the same language or
dialect, the settlement shall be written in the language or dialect known to
them.

SEC. 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 or unless the settlement has been repudiated
by the parties thereto.

(b) Where Parties May Go Directly to Court. - The parties may go directly
to court in the following instances:

(1) Where the accused is under detention;

(2) Where a person has otherwise been deprived of personal liberty calling
for habeas corpus proceedings;

(3) Where actions are coupled with provisional remedies such as

preliminary injunction, attachment, delivery of personal property, and
support pendente lite; and
(4) Where the action may otherwise be barred by the statute of limitations.

(c) Conciliation among members of indigenous cultural communities. - The

customs and traditions of indigenous cultural communities shall be applied
in settling disputes between members of the cultural communities.

SEC. 413. Arbitration. - (a) The parties may, at any stage of the
proceedings, agree in writing that they shall abide by the arbitration award
of the lupon chairman or the pangkat. Such agreement to arbitrate may be
repudiated within five (5) days from the date thereof for the same grounds
and in accordance with the procedure hereinafter prescribed. The
arbitration award shall be made after the lapse of the period for repudiation
and within ten (10) days thereafter.

(b) The arbitration award shall be in writing in a language or dialect known

to the parties. When the parties to the dispute do not use the same
language or dialect, the award shall be written in the language or dialect
known to them.

SEC. 414. Proceedings Open to the Public; Exception. - All

proceedings for settlement shall be public and informal: Provided,
however, That the lupon chairman or the pangkat chairman, as the case
may be, may motu proprio or upon request of a party, exclude the public
from the proceedings in the interest of privacy, decency, or public morals.
(Note: motu propio means simply of his own will or choice.)

SEC. 415. Appearance of Parties in Person. - In all katarungang

pambarangay proceedings, the parties must appear in person without the
assistance of counsel or representative, except for minors and
incompetents who may be assisted by their next-of-kin who are not
lawyers.

SEC. 416. Effect of Amicable Settlement and Arbitration Award. - The

amicable settlement and arbitration award shall have the force and effect
of a final judgment of a court upon the expiration of ten (10) days from the
date thereof, unless repudiation of the settlement has been made or a
petition to nullify the award has been filed before the proper city or
municipal court. However, this provision shall not apply to court cases
settled by the lupon under the last paragraph of Section 408 of this Code,
in which case the compromise settlement agreed upon by the parties
before the lupon chairman or the pangkat chairman shall be submitted to
the court and upon approval thereof, have the force and effect of a
judgment of said court.

SEC. 417. Execution. - The amicable settlement or arbitration award may

be enforced by execution by the lupon within six (6) months from the date
of the settlement. After the lapse of such time, the settlement may be
enforced by action in the appropriate city or municipal court.
SEC. 418. Repudiation. - Any party to the dispute may, within ten (10)
days from the date of the settlement, repudiate the same by filing with the
lupon chairman a statement to that effect sworn to before him, where the
consent is vitiated by fraud, violence, or intimidation. Such repudiation
shall be sufficient basis for the issuance of the certification for filing a
complaint as hereinabove provided.

SEC. 419. Transmittal of Settlement and Arbitration Award to the

Court. - The secretary of the lupon shall transmit the settlement or the
arbitration award to the appropriate city or municipal court within five (5)
days from the date of the award or from the lapse of the ten-day period
repudiating the settlement and shall furnish copies thereof to each of the
parties to the settlement and the lupon chairman.

SEC. 420. Power to Administer Oaths. - The punong barangay, as

chairman of the lupong tagapamayapa, and the members of the pangkat
are hereby authorized to administer oaths in connection with any matter
relating to all proceedings in the implementation of the katarungang
pambarangay.

SEC. 421. Administration; Rules and Regulations. - The city or

municipal mayor, as the case may be, shall see to the efficient and
effective implementation and administration of the katarungang
pambarangay. The Secretary of Justice shall promulgate the rules and
regulations necessary to implement this Chapter.

SEC. 422. Appropriations. - Such amount as may be necessary for the

effective implementation of the katarungang pambarangay shall be
provided for in the annual budget of the city or municipality concerned.

Cases not subject to Katarungang Pambarangay

Section 408 of the Local Government Codeenumerates the kinds of disputes that are
not subject to the Katarungang Pambarangay:

(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. The court in which non-
criminal cases not falling within the authority of the lupon under this Code are filed may, at
any time before trial, motu proprio refer the case to the lupon concerned for amicable
settlement.

Instances when the parties may go directly to court

Section 412, paragraph (a) of the Local Government Code provides a pre-condition
before a complaint can be filed 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 or unless the settlement has been repudiated
by the parties thereto.

Paragraph (b) of the section, however, provides for instances where the parties in
dispute can go directly to court:

(1) Where the accused is under detention;

(2) Where a person has otherwise been deprived of personal liberty calling for habeas
corpus proceedings;

(3) Where actions are coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property, and support pendente lite; and

(4) Where the action may otherwise be barred by the statute of limitations.

(c) Conciliation among members of indigenous cultural communities. - The customs and
traditions of indigenous cultural communities shall be applied in settling disputes between
members of the cultural communities.

Sub-paragraph (4) speaks of an exception as to where the action may otherwise be

barred by the statute of limitations.
 ARTICLE VI.
ELECTION OF BARANGAY OFFICIALS

Sec. 37. Regular election of barangay officials. - The election for

barangay officials shall be held throughout the Philippines in the
manner prescribed on the second Monday of May Nineteen hundred
and eighty-eight and on the same day every six years thereafter.

The officials elected shall assume office on the thirtieth day of

June next following the election and shall hold office for six years and
until their successors shall have been elected and qualified.

Sec. 38. Conduct of elections. - The barangay election

shall be non-partisan and shall be conducted in an expeditious
and inexpensive manner.

No person who files a certificate of candidacy shall

represent or allow himself to be represented as a candidate of
any political party or any other organization; and no political
party, political group, political committee, civic, religious,
professional, or other organization or organized group of
whatever nature shall intervene in his nomination or in the
filing of his certificate of candidacy or give aid or support,
directly or indirectly, material or otherwise favorable to or
against his campaign for election: Provided, That this provision
shall not apply to the members of the family of a candidate
within the fourth civil degree of consanguinity or affinity nor to
the personal campaign staff of the candidate which shall not be
more than one for every one hundred registered voters in his
barangay: Provided, however, That without prejudice to any
liability that may be incurred, no permit to hold a public
meeting shall be denied on the ground that the provisions of
this paragraph may or will be violated.

Nothing in this section, however, shall be construed as in

any manner affecting or constituting an impairment of the
freedom of individuals to support or oppose any candidate for
any barangay office.

Sec. 39. Certificate of Candidacy. - No person shall be elected

punong barangay or kagawad ng sangguniang barangay unless he files
a sworn certificate of candidacy in triplicate on any day from the
commencement of the election period but not later than the day before
the beginning of the campaign period in a form to be prescribed by the
Commission. The candidate shall state the barangay office for which he
is a candidate.

The certificate of candidacy shall be filed with the secretary of

the sangguniang barangay who shall have the ministerial duty to
receive said certificate of candidacy and to immediately acknowledge
receipt thereof.

In case the secretary refuses to receive the same, or in the case

of his absence or non-availability, a candidate may file his certificate
with the election registrar of the city or municipality concerned.

The secretary of the sangguniang barangay or the election

registrar, as the case may be, shall prepare a consolidated list all the
candidates and shall post said list in the barangay hall and in other
conspicuous places in the barangay at least ten days before the
election.

Any elective or appointive municipal, city, provincial or national

official or employee, or those in the civil or military service, including
those in government-owned or controlled corporations, shall be
considered automatically resigned upon the filing of certificate of
candidacy for a barangay office.

Sec. 40. Board of Election Tellers. - (1) The Commission shall

constitute not later than ten days before the election a board of
election tellers in every barangay polling place, to be composed of a
public elementary school teacher as chairman, and two members who
are registered voters of the polling place concerned, but who are not
incumbent barangay officials nor related to any candidate for any
position in that barangay within the fourth civil degree of affinity or
consanguinity.

In case no public elementary school teachers are available, the

Commission shall designate any registered voter in the polling place
who is not an incumbent barangay official nor related to any candidate
for any position in that barangay within the fourth civil degree of
affinity or consanguinity.

(2) The board of election tellers shall supervise and conduct the
election in their respective polling places, count the votes and
thereafter prepare a report in triplicate on a form prescribed by the
Commission. The original of this report shall be delivered immediately
to the barangay board of canvassers. The second copy shall be
delivered to the election registrar and the third copy shall be delivered
to the secretary of the sangguniang barangay who shall keep the same
on file.

Sec. 41. Registration of voters and list of voters. - Not later than
seven days before the election, the board of election tellers shall meet
in every barangay polling place to conduct the registration of barangay
voters and to prepare the list of voters. Any voter may challenge the
qualification of any person seeking to register and said challenge shall
be heard and decided on the same day by the board of election tellers.
The final list of voters shall be posted in the polling places at least two
days before election day. The registration of any voter shall not be
transferred without written notice at least two days before the date of
election. Not later than the day following the barangay election, the
board of election tellers shall deliver the list of voters to the election
registrar for custody and safekeeping.

Sec. 42. Polling places. - (1) The chairman of the board of

election tellers shall designate the public school or any other public
building within the barangay to be used as polling place in case the
barangay has one election precinct. (2) For barangays with two or
more election precincts the chairman of the board of canvassers shall
designate the public school or any other public building to be used as
polling place.

In case there is no public school or other public building that can

be used as polling places, other appropriate private buildings may be
designated: Provided, That such buildings are not owned or occupied
or possessed by any incumbent elective public official or candidate, or
his relative within the fourth civil degree of consanguinity or affinity.
The polling place shall be centrally located as possible, always taking
into consideration the convenience and safety of the voters.

Sec. 43. Official barangay ballots. - The official barangay ballots

shall be provided by the city or municipality concerned of a size and
color to be prescribed by the Commission.

Such official ballots shall, before they are handed to the voter at
the polling place, be authenticated in the presence of the voter, by the
authorized representatives of the candidates and the chairman and
members of the board of election tellers who shall affix their
signatures at the back thereof. Any ballot which is not authenticated
shall be deemed spurious.

Sec. 44. Ballot boxes. - The Commission shall provide the ballot
boxes for each barangay polling place, but each candidate may be
permitted to provide a padlock for said ballot box.

Sec. 45. Postponement or failure of election. - When for any

serious cause such as violence, terrorism, loss or destruction of
election paraphernalia or records, force majeure, and other analogous
causes of such nature that the holding of a free, orderly and honest
election should become impossible in any barangay, the Commission,
upon a verified petition of an interested party and after due notice and
hearing at which the interested parties are given equal opportunity to
be heard, shall postpone the election therein for such time as it may
deem necessary.

If, on account of force majeure, violence, terrorism, fraud or

other analogous causes, the election in any barangay has not been
held on the date herein fixed or has been suspended before the hour
fixed by law for the closing of the voting therein and such failure or
suspension of election would affect the result of the election, the
Commission, on the basis of a verified petition of an interested party,
and after due notice and hearing, at which the interested parties are
given equal opportunity to be heard shall call for the holding or
continuation of the election within thirty days after it shall have
verified and found that the cause or causes for which the election has
been postponed or suspended have ceased to exist or upon petition of
at least thirty percent of the registered voters in the barangay
concerned.

When the conditions in these areas warrant, upon verification by

the Commission, or upon petition of at least thirty percent of the
registered voters in the barangay concerned, it shall order the holding
of the barangay election which was postponed or suspended.

Sec. 46. Barangay board of canvassers. - (1) The Commission

shall constitute a board of canvassers at least seven days before the
election in each barangay, to be composed of the senior public
elementary school teacher in the barangay as chairman, and two other
public elementary school teachers, as members.

In case the number of public elementary school teachers is

inadequate, the Commission shall designate the chairman and
members of the barangay board of canvassers from among the board
of election tellers.

(2) The barangay board of canvassers shall meet immediately in

a building where a polling place is found and which is most centrally
located in the barangay and after canvassing the results from the
various polling places within the barangay, proclaim the winners. The
board of canvassers shall accomplish the certificate of proclamation in
triplicate on a form to be prescribed by the Commission. The original
of the certificate shall be sent to the election registrar concerned, the
second copy shall be delivered to the secretary of the sangguniang
bayan or sangguniang panglunsod, as the case may be, and the third
copy shall be kept on file by the secretary of the sangguniang
barangay.

(3) In a barangay where there is only one polling place, the

barangay board of election tellers shall also be the barangay board of
canvassers.

Sec. 47. Activities during the campaign period. - During the

campaign period, the punong barangay if he is not a candidate, or any
resident of the barangay designated by the Commission, shall convene
the barangay assembly at least once for the purpose of allowing the
candidates to appear at a joint meeting duly called, upon proper and
with at least two days notice, to explain to the barangay voters their
respective program of administration, their qualifications, and other
information that may help enlighten voters in casting their votes.

The members of the barangay assembly may take up and

discuss other matters relative to the election of barangay officials.
 Sec. 48. Watchers. - Candidates may appoint two watchers each,
to serve alternately, in every polling place within the barangay, who
shall be furnished with a signed copy of the results of the election, in
such form as the Commission may prescribe, immediately after the
completion of the canvass.

Sec. 49. Inclusion and exclusion cases. - Inclusion and exclusion

cases which shall be decided not later than seven before the date of
the election shall be within the exclusive original jurisdiction of the
municipal or metropolitan trial court. The notice of such decision shall
be served to all parties within twenty-four hours following its
promulgation and any party adversely affected may appeal therefrom
within twenty-four hours to the regional trial court which shall finally
decide the same not later than two days before the date of the
election.

Sec. 50. Funding. - Local governments shall appropriate such

funds to defray such necessary and reasonable expenses of the
members of the board of election tellers, board of canvassers and the
printing of election forms and procurement of other election
paraphernalia, and the installation of polling booths.

Sec. 51. Penalties. - Violations of any provisions of this Article

shall constitute prohibited acts and shall be prosecuted and penalized
in accordance with the provisions of this Code.