The BNEO approach to

KATARUNGANG PAMBARANGAY
(The General Concept)

METHODS AND PROCEEDINGS OF SETTLING DISPUTES

1. AMICABLE SETTLEMENT (Method) A. MEDIATION (Proceedings before the Punong Barangay as Lupon Chairman, assisted by the Barangay Secretary as Lupon Secretary) The dispute is persuaded to be settled amicably by the Lupon Chairman, being assisted by the Lupon Secretary.

 The Role of a sangguniang barangay member, if authorized by the Punong Barangay, is to try to amicably settle the dispute in the name of the Punong Barangay, however, only the Punong Barangay shall sign the amicable settlement form (KP From 16) unless the said barangay kagawad is the Acting Punong Barangay during the period of signing the agreement for amicable settlement.

B.

CONCILIATION (Proceedings before the 3 chosen Pangkat Members)

The dispute is to be settled amicably by the 3 chosen pangkat members after the Mediation Proceeding (15 days) before the Lupon Chairman fails to settle the dispute.

2.

ARBITRATION (Both Method and Proceedings before the Lupon Chairman and Lupon Secretary if the Agreement for Arbitration was signed and agreed upon by both parties during the Mediation Proceedings; or before the three chosen pangkat members if the Agreement for Arbitration was signed and agreed upon by both parties during the Conciliation Proceedings)

It is the adjudication of dispute by which both parties agrees to be bound by the decision of the lupon chairman or the chosen pangkat officials based on the evidence presented by both parties and the testimony of their credible witnesses.

ADMINISTRATION OF KP
Sec. 421, LGC - The city or municipal mayor, as the case maybe, shall see to the efficient and effective implementation and administration of the KP.

BUDGET APPROPRIATIONS FOR KP

Sec. 422 of LGC 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.

QUALIFICATION OF A LUPON MEMBER 1. Actually residing or working in the barangay; 2. Not expressly disqualified by law; 3. Integrity (Firm-principled person); 4. Impartiality (Not bias); 5. Independence of mind; 6. Sense of fairness; and 7. Reputation for probity (Morally correct).

TERM OF OFFICE OF LUPON MEMBERS The term of office of every Lupon Tagapamayapa members shall be 3 years unless sooner removed for a cause, died while in office or has resigned. However, when a new Lupon member is appointed during term due to a vacancy, the said lupon member shall serve only the remaining or unexpired period of the said term.

CHARACTER OF OFFICE AND SERVICE OF LUPON MEMBERS 1. Persons in Authority; 2. Service without Compensation but with incentives; and 3. Service in the Lupon or Pangkat, on Official Time

CONSTITUTION OF LUPON TAGAPAMAYAPA

The Punong Barangay, within his 15 days after taking his oath of office shall:

a. Prepare the Notice to Constitute the Lupon (KP Form 1) consisting of at least 25 persons who expressed their willingness to serve;

b. Post the Notice to Constitute the Lupon in 3 conspicuous places in the barangay for not less than 3 weeks; c. Within 10 days after the 3 weeks posting period, the Punong Barangay shall issue Appointment (KP Form 2) to each chosen Lupon appointee, attested by the Barangay Secretary;

d. The Punong Barangay shall send Notice of Appointment (KP Form 3) to the chosen Lupon members; e. The appointees shall take their Oath of Office (KP Form 5) and sign the same before the Punong Barangay; f. The Punong Barangay shall cause to post the list of Appointed Lupon (KP Form 4) in 3 conspicuous places for their entire term of office.

WITHDRAWAL OF APPOINTMENT a. The Punong Barangay shall set the date of hearing and send notice thereof to the concerned Lupon member; b. During the hearing, the concerned Lupon member shall be given the chance to explain why his appointment should not be withdrawn;

c. The Punong Barangay shall decide whether or not to withdraw the appointment based on justifiable grounds; d. The Punong Barangay calls for a Lupon meeting and inform them of his decision; e. The Lupon shall deliberate and vote whether or not to concur with the decision of the Punong Barangay;

f.

The decision of the majority of the total number of Lupon shall govern. The total number of Lupon shall include that of the chairman and the member concerned; If concurred, the Punong Barangay shall inform and send to the concerned member a copy of the Withdrawal of Appointment (KP Form 6).

g.

RULES ON VENUE RESOLUTION

OF

DISPUTE

Section 409 of RA 7160 provides for the rules on venue as follows:

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.

EXCEPTIONS TO THE LUPONS AUTHORITY A. Exceptions under Section 408 of RA 7160 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 punishable by imprisonment exceeding one year or a fine exceeding five thousand pesos 4. offenses where there is no private offended party 5. 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

6. 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 7. such other classes of disputes which the president may determine in the interest of justice or upon recommendation of the secretary of justice

B. Exceptions under Paragraph (b), Section 412 of RA 7160

THE PARTIES MAY GO DIRECTLY TO COURT IN THE FOLLOWING INSTANCES:

1. Where the accused is under detention; 2. Where the 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 pendete lite; 4. Where the action may otherwise be barred by the statute of limitations.

C. Exceptions under the Rulings of the Supreme Court and Department of Justice. 1. Labor disputes which are conciliated or mediated by the regional offices of the Department of Labor and Employment pursuant to the original and exclusive jurisdiction vested upon them by the Labor Code.

2. Agrarian disputes which are mediated and conciliated by the Barangay Agrarian Reform Committee (BARC) in accordance with the Comprehensive Agrarian Reform Law of 1988 (RA 6657). 3. Action for annulment of a compromise judgment approved by the court, which is immediately executory and beyond the authority of the Lupon to change.

FILING OF COMPLAINT a. File complain to the Punong Barangay by either Orally or In writing using the KP Form 7, stating therein the
- the act being complained - the relief, which he seeks

b. Pay the filing fee from P5.00 to P20.00 depending on:

- the value involved in the dispute - the complainants financial capacity - other relevant considerations

c. The Barangay Secretary shall record the complain in the records book and assign a case number thereon with: (1) Name of the parties involved (2) Date and time of filing the complaint (3) Nature of the case

METHODS AND PROCEEDINGS A} MEDIATION BEFORE THE PUNONG BARANGAY (15 DAYS) Hearing shall start not later than 5 days from the date of summon. If Mediation is successful but settlement is repudiated, then a Certificate to File Action shall be issued.

 If Mediation is successful and settlement is not repudiated, the term of settlement shall be enforced by the Punong Barangay within 6 months. If not able to be enforced, the obliging party shall ask the municipal court to enforce the agreed settlement If mediation fails, no settlement is reached, then the Punong Barangay shall proceed to the constitution of Pangkat ng Tagapagkasundo

B} CONCILIATION PANGKAT NG

BEFORE THE TAGAPAGKASUNDO

(15 DAYS BUT COULD BE EXTENDED FOR ANOTHER 15 DAYS IN CLEARLY MERITORIOUS CASES)

The constitution of Pangkat Ng Tagapagkasundo shall be done after the mediation proceeding (15 days) failed to settle the dispute. Constitution of the Pangkat shall be by mutual consent, striking out method or by draw lots of the Punong Barangay.

If Conciliation is successful but settlement is repudiated, then the pangkat shall issue Certificate to File Action. If Conciliation is successful and settlement is not repudiated, the term of settlement shall be enforced by the Punong Barangay within 6 months. If not able to be enforced, the obliging party shall ask the municipal court to enforce the settlement.

C}

ARBITRATION (15 DAYS, BUT EXTENDABLE FOR ANOTHER 15 DAYS IN CLEARLY MERITORIOUS CASES)

Both parties agreed to settle their dispute by arbitration during mediation proceedings before the Punong Barangay or during the conciliation proceedings before the Pangkat ng Tagapagkasundo by filing the Agreement for Arbitration (KP Form 14).

If the agreement for Arbitration is repudiated, then the Lupon Chairman or Pangkat Chairman shall proceed to Mediate or Conciliate the case. If the agreement for Arbitration is not repudiated, then the case The Punong Barangay or the Pangkat Chairman shall hear the parties, together with their witnesses by observing the following simplified procedure:

1. 2.

The complainant shall adduce evidence in support of his complaint;

The respondent shall adduce evidence in support of his defense or counterclaim, if any; 3. The complainant may adduce rebuttal evidence; 4. The respondent may adduce surrebuttal evidence; 5. Upon admission of the evidence of both parties, the case is submitted for decision (KP Form 15).

OFFENSES CONCILIABLE IN THE AMENDED KATARUNGANG PAMBARANGAY LAW UNDER THE REVISED PENAL CODE 1. Article 154 Unlawful use of means of publication and unlawful utterances. Article 155 Alarm and scandals
(a) Discharge, within any town or public place, any firearm, rocket, firecracker or other explosive calculated to cause alarm or danger;

2.

(b) Instigate or take an active part in a charivari (disturbing noises) or other disorderly meeting offensive to another or prejudicial to public tranquility; (c) Disturb the public peace while wandering about at night or while engaged in any other nocturnal amusements; and (d) Cause any disturbance or scandal in public places while intoxicated or otherwise.

3.

Article 174 Falsification by any private person of a medical certificate or certificate of merit or service, good conduct or similar circumstances. Article 175 Knowingly using of false medical certificate or certificate of merit or service or good conduct. Article 178 Concealment of true identity.
(a) Publicly using fictitious name for purpose of concealing a crime

4.

5.

(b) Concealing ones true name and other personal circumstances.

6.

Article 179 Publicly and improperly making use of insignia, uniforms or dress pertaining to an office not held by such person or class of persons of which he is not a member. Article 180, Par. (4) Giving false testimony against the defendant in any criminal case if the dependant shall have been sentenced to a correctional penalty or a fine or shall have been acquitted.

7.

8.

Article 181 Giving false testimony favorable to defendant in a criminal case, if the prosecution is for a felony punishable by a correctional penalty or lower. Article 200 Grave scandal committed by offending against decency or good customs by any highly scandalous conduct.

9.

10.

Article 252 Physical injuries inflicted in a Tumultuous Affray wherein the person responsible thereof cannot be identified and therefore all those appearing to have used violence upon the person of the offended party being criminally liable.

11. Article 253 Giving assistance to another to commit suicide but the suicide is not consummated.

12. Article 259 Dispensing any abortive drug or substance or material by a pharmacist without the proper prescription from a physician. 13. Article 260 Duel. Participating in a duel, although no physical injury has inflicted or if slight or less physical injuries are inflicted.

14. Article 265 Less physical injuries. Incapacitate the offended party for more than 10 days but not more than 30 days except those causing intentional mutilation, insanity, impotence, blindness, deformity, loss of the part of the body or the use thereof, loss of use of speech, power to hear or smell.

15. Article 266 Slight physical injuries and maltreatment.

(a) Incapacitate the offended party for labor from 1 to 9 days or shall require medical attendance during the same period. Causing physical injuries that do not prevent the offended party from engaging in his habitual work, or require medical attendance.

(b)

(c)

Ill treating or maltreating another by deed without causing any injury.

16. Article 269 Unlawful arrest committed by detaining a person for purpose of delivering him to the proper authorities in a case not authorize by law or without reasonable ground therefore. 17. Article 271 Inducing a minor to abandon his home

18. Article 275 Abandonment of person in danger.

(a) Failure to render assistance to any person wounded or in danger of dying. (b) Abandonment of ones victim. (c) Abandoning a child under 7 years of age by failing to deliver the said child to the authorities or to his family or fail to take him to a safe place.

19. Article 276 Abandoning of minor under 7 years of age, the custody of which is incumbent upon him. 20. Article 277 Abandonment of minors by person entrusted with his custody.
(a) Having charge of rearing or educating the minor without the consent of the parents or proper authorities. Parents who neglect their children by not giving them proper education, which their status in life and financial condition permits.

(b)

21. Article 280 Qualified trespass to dwelling. 22. Article 281 Entering a close premises or the fence of another while uninhabited, if the prohibition to enter is manifested and the trespasser has not secured permission to enter. 23. Article 282, Para. (2) Grave threats. If the threat is not subject to a condition.

24. Article 283 Light threats. A threat to commit a wrong not constituting a crime. 25. Article 285 Other light threats.
(a) Threatening another with a weapon or drawing such weapon in a quarrel, unless it be in lawful selfdefense. (b) In heat of anger, orally threaten with some harm not constituting a crime. (c) Orally threaten to do to another any harm not constituting a felony.

26. Article 286 Grave Coercion. (To compel by force) One who, without authority of law, shall by means of violence, prevent another from doing something not prohibited by law, or compose him to do something against her will, whether it be right or wrong.

27. Article 287 Light Coercion

(a) By means of violence, shall seize anything belonging to his debtor for the purpose of applying the same to the payment of debt. (b) Unjust vexation. Inisin

28. Article 288 Other similar Coercion.

(a) Compulsory merchandise employee. purchase of by laborer or

(b)

Payment of wages due to laborer of employee by means of tokens or object other than the legal tender currency.

29. Article 289 Formation, maintenance and prohibition of coalition of capital or labor through violence or threats. 30. Article 290 Seizure of correspondents to discover secrets but offender does not reveal such secrets.

31.

Article 291 Revealing secrets of principal or master by manager, employee or servants.

Para. (5) Theft. If the value does not exceed P 50.00 Para. (6) If the value doe not exceed P 5.00 Para. (7) If the value does not exceed P5.00 and the offender noted the impulse of hunger and poverty.

32. Article 308 in relation to Article 309:

33. Article 312 Occupation of real property in usurpation of real rights by means of violence against or intimidation of persons. 34. Article 313 Altering Boundary Marks or Monuments of Estates.

35. Article 315 Swindling or Estafa.

36.

Article 316 Other forms of Swindling.

(a) Pretending to be the owner of any real property, shall convey, sell or mortgage the same. (b) Disposing a known property although such encumbrance not recorded. (c) Owner of any property who shall wrongly take it from its lawful possesor to the prejudice of the latter or any third person.

(d) (e)

Executing a fictitious contract. Accepting any compensation in belief that it was in payment of service rendered when in fact he did not actually perform such service.

37. Article 317 Swindling of Minor 38. Article 318 Other forms of Deceits.
For profit or gain, interpret dreams, make forecast, tell fortunes, or take advantage of the credibility of the public.

39. Article 319 Removal, sale or pledge of mortgaged property 40. Article 328 Special cases of malicious mischief.
Spreading any infection or contagion among cattle and the value of the damage does not exceed P 1,000.

41. Article 329 Malicious Mischief (Prank Actions) 42. Article 338 Seduction of a woman who is single or a widow of good reputation, over 12 but under 18 years of age, committed by means of a deceit. 43. Article 339 Acts of Lasciviousness with consent of the offended party (One that does not constitute a rape).

44. Article 356 Threatening to publish a libel concerning him or the parents, spouse, child or other members of his family or offering to prevent publication of such libel for a compensation or monetary consideration. 45. Article 358 Simple Oral Defamation. 46. Article 357 Prohibited publication of acts referred to in the course of official proceedings.

47.

Article 359 Simple Slander By Deed - Sampal, Tulak or Hila

48. Article 363 Directly incriminating or imputing/implicating an innocent person on a commission of a crime. 49. Article 364 Intriguing against ones honor. Making any intrigue, which has for its principal purpose, is to blemish the honor or reputation of a person.

50.

Article 365 Imprudence and Negligence.

(a) Reckless imprudence in an act which would constitute a less grave felony or light felony. Simple imprudence resulting in an act, which would constitute a grave, or less grave felony. Imprudence resulting in damage to property, the value of which does not exceed One Thousand Pesos (P 1,000).

(b)

(c)

51. Article 344 Private crimes such as adultery, concubinage, seduction, abduction, and acts of lasciviousness, where the offender may be pardoned by the offended spouse or offended party or her parents, grandparents, or guardian. 52. Article 408 Local Government Code of 1991. Cases in violation against local ordinance/s.

53. 54.

Presidential Decree No. 772 Squatting and other similar acts. Presidential Decree No. 1612 Fencing of stolen properties if the property involved is not more than P 50.00.

END OF THE LECTURE. THANK YOU FOR ATTENDING THIS PROGRAM.

EDITO C. LICUPA LGOO V

Take what you want, take all of it, . . . but PAY for it.
Old Chinese Proverb

Whenever Men are caged, there will always be someone who will break for freedom.