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Lecturer: Atty. Reno R. Gonzales, Jr.
PTP-OSG February 2023
} KATARUNGANG PAMBARANGAY (KP) is a
system of dispute resolution mechanism
administered at the barangay level for the
purpose of amicably settling disputes
through mediation, conciliation or
arbitration between and among residents
of the same city or municipality usually
before the parties resort to the courts.
} Dispute Resolution
} Barangay Level
} Amicable Settlement
◦ Mediation
◦ Conciliation
◦ Arbitration
} Residents of same city or municipality
} Republic Act No. 7160 (The Local
Government Code of 1991)
Sections 399 to 422, Chapter 7, Book III,
known as the “Revised Katarungang
Pambarangay Law”
(This repealed P.D. No. 1508 issued in1978)
Rule XXVI of the Rules and Regulations
Implementing the LGC (Sections 196 to 201)
Katarungang Pambarangay Implementing
Rules and Regulations (Rules I to X, 88 O.G.
22; 01 June 1992)
} (1) Perpetuate and recognize time-honored
tradition of amicably settling disputes at the
barangay level;
} (2) Promote speedy administration of justice;
} (3) Implement constitutional mandate to
preserve and develop Filipino culture and
strengthen the family as basic social unit;
} (4) Relieve courts of docket congestion
caused by indiscriminate filing of cases; and
} (5) Enhance quality of justice dispenses by
the courts. [P.D. No.. 1508, Whereas clauses]
} Sec. 412, LGC makes barangay conciliation a
condition precedent for filing of an action in
court or in any government agency;
} SC Administrative Circular No. 14-93 (15 July
1993) directs trial courts to ensure
compliance with the requirement of prior
recourse to the Barangay Justice as a
condition precedent for filing a complaint in
court for cases that are covered by the
system.
} Only individuals or natural persons may be
parties in a barangay conciliation.
} Complaints against corporations, partnerships
or other juridical entitles cannot be filed,
received or acted upon.
} Parties must appear in person without the
assistance of counsel or representative, except
minors and incompetents who may be assisted
by their next-of-kin who are not lawyers [Sec.
415, LGC]
PUNONG BARANGAY
LUPONG TAGAPAMAYAPA
PANGKAT NG TAGAPAGKASUNDO
LUPONG TAGAPAMAYAPA PANGKAT NG TAGAPAGKASUNDO
Composed of the Punong Composed of 3 members
Barangay as Lupon chosen from the list of
Chairman and 10 to 20 Lupon members
members residing or
working in the barangay
Constituted every 3 years in Constituted for a particular
the manner provided under case only
the LGC
Appointed by the Lupon Members are chosen by the
Chairman/Punong Barangay parties themselves from the
Lupon
LUPONG TAGAPAMAYAPA PANGKAT NG TAGAPAGKASUNDO
Members must not be
disqualified by law; possess The 3 members shall chose
integrity, impartiality, from among themselves a
independence, sense of Pangkat Chairman and Pangkat
fairness, reputation for probity Secretary
The Pangkat Secretary is not
The Barangay Secretary serves
necessarily the Barangay
as Lupon Secretary
Secretary
Members hold office for 3 years
unless sooner terminated by If parties to dispute fail to
resignation, transfer of agree on the Pangkat
residence or place of work, or membership, the same shall be
withdrawal of appointment by determined by lots drawn by
the Punong Barangay Lupon Chairman
LUPONG TAGAPAMAYAPA PANGKAT NG TAGAPAGKASUNDO
Functions: (1) Exercise Function: All disputes not
administrative supervision settled by the Punong
over conciliation panels Barangay shall as far as
(Pangkat ng Tagapagkasundo); possible be settled by the
(2) Meet at least once a Pangkat through conciliation
month to provide forum for or arbitration;
matters relevant to amicable
settlement of disputes and to A party to a dispute may
share experiences and move to disqualify a Pangkat
observations in effecting member by reason of bias or
speedy resolution of disputes; relationship or other similar
(3) other functions as may be ground. Pangkat shall resolve
prescribed by law or matter by majority vote and
ordinance. its decision shall be final.
} The lupon/pangkat 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.
[Section 406(a), LGC]
} Persons in authority — xxx, any person directly
vested with jurisdiction, whether as an individual
or as a member of some court or governmental
corporation, board, or commission, shall be
deemed a person in authority. A barrio captain
and a barangay chairman shall also be deemed a
person in authority. [Art. 152, Rev. Pen. Code]
} GENERAL RULE: All disputes may be subject of
the barangay proceedings for amicable
settlement. 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: [Section 408, LGC]
EXCEPTIONS TO COVERAGE OF KPL
} (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 (1) year or a fine exceeding
Five thousand pesos (P5,000.00);
} (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 the recommendation of the
Secretary of Justice.
} (8) In instances where parties can go directly
to court such as where:
- the accused is under detention;
- a person has otherwise been deprived of
personal liberty calling for habeas corpus
proceedings;
- actions are coupled with provisional remedies
such as preliminary injunction, attachment,
delivery of personal property and support
pendente lite; and
- the action may otherwise be barred by the
statute of limitations. [Section 412,LGC]
} Note: 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 the trial, motu propio refer the case to
the Lupon concerned for amicable settlement
[Section 408 (g), LGC]
} (1) Where the dispute arises from the
Comprehensive Agrarian Reform Law (CARL)
[Secs. 46 & 47, R. A. 6657];
} (2) Labor disputes or controversies arising from
employer-employee relations [Montoya vs.
Escayo, et al., 171 SCRA 442; Art. 226, Labor
Code, as amended, which grants original and
exclusive jurisdiction over conciliation and
mediation of disputes, grievances or problems to
certain offices of the Department of Labor and
Employment];
} (3) Actions to annul judgment upon a
compromise which may be filed directly in
court [See Sanchez vs. Tupaz, 158 SCRA 459].
} (4) 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 [Sec. 1, Rule VI,
Katarungang Pambarangay Rules];
} (5) Violations of RA No. 9262 (VAWC, Sec.33)
EXAMPLES OF CRIMINAL CASES
COVERED BY KATARUNGANG
PAMBARANGAY LAW
ALARMS AND SCANDALS (ART. 155);
USING FICTITIOUS NAMES AND CONCEALING TRUE NAMES
(ART. 178);
PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY
(ART. 252);
GIVING ASSISTANCE TO CONSUMMATED SUICIDE (ART. 253);
RESPONSIBILITY OF PARTICIPANTS IN A DUEL IF ONLY
PHYSICAL INJURIES ARE INFLICTED OR NO PHYSICAL INJURIES
HAVE BEEN INFLICTED (ART. 260);
LESS SERIOUS PHYSICAL INJURIES (ART. 265);
SLIGHT PHYSICAL INJURIES AND MALTREATMENT (ART. 266);
UNLAWFUL ARREST (ART. 269);
INDUCING A MINOR TO ABANDON HIS/HER HOME (ART. 271);
ABANDONMENT OF A PERSON IN DANGER AND
ABANDONMENT OF ONE’S OWN VICTIM (ART. 275);
LIGHT THREATS (ART. 283);
GRAVE COERCION (ART. 286);
LIGHT COERCION (ART. 287);
THEFT (IF THE VALUE OF THE PROPERTY STOLEN DOES NOT
EXCEED P50.00). (ART. 309);
QUALIFIED THEFT (IF THE AMOUNT DOES NOT EXCEED
P500). (ART. 310);
OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL
RIGHTS IN PROPERTY (ART 312);
ALTERING BOUNDARIES OR LANDMARKS (ART. 313);
SWINDLING OR ESTAFA (IF AMOUNT < P200.00). (ART. 315);
SWINDLING A MINOR (ART. 317);
SIMPLE SEDUCTION (ART. 338);
ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE
OFFENDED PARTY (ART 339);
INCRIMINATING INNOCENT PERSONS (ART. 363);
INTRIGUING AGAINST HONOR (ART. 364);
ISSUING CHECKS WITHOUT SUFFICIENT FUNDS (BP 22);
FENCING OF STOLEN PROPERTIES IF THE PROPERTY
INVOLVED IS NOT MORE THAN P50.00 (PD 1612).
Dispute Venue
Disputes between persons Lupon of the said barangay
actual residing in the same
barangay
Those involving actual In the barangay where the
residents of different respondent or any of the
barangays within the same city respondents actually resides, at
or municipality the election of the complainant.
All disputes involving real In the barangay where the real
property or any interest therein property or the larger portion
thereof is situated.
Those arising at the workplace In the barangay where such
where the contending parties workplace or institution is
are employed or at the located.
institution where such parties
are enrolled for study
Mediation is a process wherein
the Lupon chairperson or
Barangay Chairperson assists
the disputing parties to reach
a settlement by consensus
that jointly satisfies their
needs.
} COMPLAINT IS FILED USING KP FORM NO. 7;
} MINIMAL FILING FEE IS PAID TO BARANGAY TREASURER;
} WITHIN THREE (3) DAYS, PB ISSUES A NOTICE OF HEARING TO
THE COMPLAINANT AND SUMMONS THE RESPONDENT TO
APPEAR BEFORE HIM ON A CERTAIN DATE;
} UPON APPEARANCE OF PARTIES, PB MEDIATES AND HELPS
FIND RESOLUTION TO DISPUTE WITHIN 15 DAYS;
} IF SETTLEMENT REACHED, REDUCED IN WRITING IN DIALECT
OR LANGUAGE THE PARTIES UNDERSTAND (KP FORM NO. 16)
} SETTLEMENT RECORDED AND COPY SUBMITTED TO
MUNICIPAL/METROPOLITAN TRIAL COURT;
} EXECUTION OF AGREEMENT WITHIN SIX (6) MONTHS,
PROVIDED THERE IS NO REPUDIATION
} IF NO SETTLEMENT, NOTICE GIVEN TO PARTIES OF DATE SET
FOR CONSTITUTION OF PANGKAT;
Conciliation is a process wherein
the Pangkat forgoes the power to
decide or recommend but assist
the parties to isolate issues and
options to reach a settlement by
consensus that jointly satisfies
their needs
} PARTIES CHOOSE 3 PANGKAT MEMBERS
} PANGKAT PROCEEDS TO HEAR PARTIES WITHIN 3 DAYS FROM
ITS CONSTITUTION AND TRIES TO MAKE PARTIES REACH
SETTLEMENT OR RESOLUTION WITHIN 15 DAYS (MAY BE
EXTENDED FOR ANOTHER 15 DAYS);
} IF SETTLEMENT REACHED, REDUCE IN WRITING AND USE KP
FORM NO. 16
} AGREEMENT RECORDED AND COPY SUBMITTED TO THE
MUNICIPAL/METROPOLITAN TRIAL COURT
} EXECUTION OF AGREEMENT WITHIN SIX (6) MONTHS
PROVIDED THERE IS NO REPUDIATION;
} IF NO SETTLEMENT, ISSUANCE OF CERTIFICATE TO FILE
ACTION TO COMPLAINANT.
} [NOTE: AT ANY TIME, PARTIES MAY REFER MATTER TO PB OR
PANGKAT FOR ARBITRATION.]
} By Complainant:
◦ Complaint may be dismissed;
◦ Certification barring filing of action may be issued;
◦ Indirect contempt proceedings may be initiated
against him for willful failure or refusal to appear.
} By Respondent:
◦ Counterclaim may be dismissed;
◦ Certifications barring filing of counterclaim and to
file complainant’s action may be issued;
◦ Indirect contempt proceedings may be initiated
against him for willful failure or refusal to appear
} In writing;
} In a dialect or language known to the parties;
} Signed by the parties;
} Attested by the PB or Pangkat Chairperson
that:
◦ Settlement reached freely and voluntarily;
◦ With full understanding of its terms;
◦ And an intelligent awareness of its legal
consequences.
} Secretary of Pangkat transmits all settlements
agreed upon by the parties and all arbitration
awards rendered by the Pangkat to the Lupon
Secretary
} Lupon Secretary transmits to the proper local
trial court the agreement not earlier than the
11th nor later than the 15th day from the date
of settlement;
◦ [The arbitration award within 5 days from date
thereof.]
Arbitration is a process
wherein a third party from
outside the judicial system is
chosen by parties to hear and
decide their dispute.
Basic premise is agreement of
the parties to submit their
dispute to arbitration.
} Arbitration proceedings shall follow the
formal order of adjudicative trials.
} Arbitral award must be rendered within 10
days after the lapse of the 5-day period to
repudiate the agreement to arbitrate, i.e. not
earlier than the 6th day and not later than the
15th day after signing of the agreement to
arbitrate.
} Arbitral award has force and effect of a
judgment; becomes final and executory after
10 days from date of issuance.
Repudiation is the act of
rejecting the validity or
refusing to accept the terms
and conditions of the amicable
settlement or agreement on
the ground of vitiation of
consent by fraud, violence or
intimidation.
Should be exercised within 10
days from execution of the
amicable settlement.
Amicable Settlement Agreement to Arbitrate
} Grounds: consent } Grounds: consent
vitiated thru fraud, vitiated thru fraud,
violence or intimidation violence or intimidation
} Period to repudiate: } Period to repudiate:
Within 10 days from Within 5 days from date
date of settlement of agreement to arbitrate
} How: Sworn Statement
} How: Sworn Statement
filed with PB or Pangkat
filed with PB
Chairman
Amicable Settlement Agreement to Arbitrate
} Effect: sufficient basis } Effect: No arbitration will
for issuance of be conducted; dispute
certification to file will follow regular
action in court or in any conciliation proceeding
government agency
} Failure to repudiate:
} Failure to repudiate: } Waiver of right to
Amicable Settlement challenge agreement,
becomes final and parties proceed to
enforceable within a arbitration
period of 6 months
} NOTE: Agreement to arbitrate may be
repudiated, but the arbitration award cannot
be repudiated, as it is akin to a judgment
rendered by either the PB or Pangkat after
considering the evidence presented by the
parties.
} Party who does not conform to the arbitration
award may file a petition for nullification
thereof before the proper city or municipal
court. [Sec. 416, LGC]
Execution is the implementation
of the agreement/settlement or
the arbitration award after the
period for repudiation has
lapsed.
Implemented by the Barangay
within six (6) months from
finality, or thereafter, by motion
filed with the MTC of the place
where the settlement was
reached or the award was made.
} Computation of 6-month period to enforce
amicable settlement or arbitration award
depends on nature of obligation:
◦ If obligation due and demandable on date of
settlement or award, 6 months is computed from
that date;
◦ If due and demandable on another date other than
date of settlement or award, 6 months is computed
from date obligation becomes due and
demandable;
◦ If settlement or award consists of a party refraining
from doing something, 6 months is computed from
date of violation or breach [Yu vs. Court of Appeals;
G.R. No. 125082, 18 Sepember 2000]
} Procedure: Party seeking enforcement files motion for
execution with PB using KP Form No. 23;
} Copy furnished to other party;
} PB sets hearing on motion within 5 days from receipt and
immediately notifies other party;
} On hearing day, PB ascertains fact of non-compliance and, if
confirmed, strongly urges other party to voluntarily comply;
} Within 5 days from hearing date, PB determines if there is
voluntary compliance;
} No voluntary compliance, PB issues notice of execution in
name of Lupon.
Filing of complaint with the Punong
Barangay (PB)
At any time during the
Within the next working day proceedings
Issuance of summons Parties agree to
to the parties and the submit the dispute for
witnesses arbitration
Mediation Arbitration hearings
(hearing)
Failure of mediation Settlement
efforts Repudiation of Award to be made
arbitration agreement after the lapse of the
within 5 days from period to repudiate
Constitution of the Execution within 6 date of agreement and win 10 days
Pangkat months from date thereafter
thereof
Pangkat convenes
not later than 3 days
from its constitution
and summons the
parties
Conciliation
(Hearing)
Repudiation of
settlement within 10
Settlement days from date thereof
Execution within 6 months Issuance of certification for
from the date of settlement filing of a complaint in court
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