0% found this document useful (0 votes)
34 views12 pages

MIDTERM

This document provides an overview of the prosecution and courts as the second and third pillars of the Philippine criminal justice system. It discusses the role of prosecutors in representing the state in criminal cases and conducting preliminary investigations. Key aspects of the preliminary investigation process are outlined, including the filing of complaints, conducting hearings, and the prosecutor's ability to dismiss a case or file an information in court. The roles of the police in investigations and their interaction with prosecutors are also summarized. Overall, the document aims to explain the functions of prosecution and the courts within the Philippine legal framework.

Uploaded by

HAZEL MATAMMU
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
34 views12 pages

MIDTERM

This document provides an overview of the prosecution and courts as the second and third pillars of the Philippine criminal justice system. It discusses the role of prosecutors in representing the state in criminal cases and conducting preliminary investigations. Key aspects of the preliminary investigation process are outlined, including the filing of complaints, conducting hearings, and the prosecutor's ability to dismiss a case or file an information in court. The roles of the police in investigations and their interaction with prosecutors are also summarized. Overall, the document aims to explain the functions of prosecution and the courts within the Philippine legal framework.

Uploaded by

HAZEL MATAMMU
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 12

UNIVERSITY OF CAGAYAN VALLEY

(formerly Cagayan Colleges Tuguegarao)


VICTOR VENTURA PEREZ (VVP) CAMPUS,
TUGUEGARAO CITY, CAGAYAN VALLEY, PHILIPPINES 3500
BALZAIN CAMPUS: (078) 844-1147 Local 218 – (Trunk Line)(078) 844-8978 – (Fax)
Email add: criminologydept20@gmail.com
COLLEGE OF CRIMINAL JUSTICE EDUCATION

INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

Name of Student: ____________________________________ Yr. / Block: ______________

MODULE NO. 2 – MIDTERM COVERAGE


Title: Second and Third Pillar of CJS
Overview:
- Prosecution as second pillar
- Court as third pillar

Introduction:
In the Philippines, crime is so prevalent and inevitable. It is not only a police matter, but also
a problem in the community where victims of criminal violence abound. Cooperation of the police
and the community members is imperative to repress, if not totally eradicate criminal acts. Members
of the community must be vigilant in their surroundings against lawless elements. They must have
the fundamental knowledge and tools needed to help in crime prevention. One aspect of crime
prevention is the proper understanding of how the legal system works in our country.

Learning Outcomes:
- Explain the role of the prosecutor in the court
- explain the relationship of the function of the police and of the prosecutor
- elaborate the meaning of selective prosecution and the role of the prosecution in selective
prosecution
- distinguish arraignment from plea bargaining and explain their meaning
- Explain the remedial measures to improve the organization of the court’s system

Learning Objectives:
- Students will learn the various roles of the prosecution as the second pillar of CJS.
- Students will learn the various roles of the court as the third pillar of the CJS.

SECOND PILLAR: PROSECUTION


• It is the institution or continuance of a criminal suit involving the process of exhibiting formal
charges against an offender before a legal tribunal and pursuing final judgment on behalf of the state
or government.
• The process or method whereby accusations are brought before a court of justice to determine the
innocence or guilt of the accused.
• PROSECUTORS are government officials who represent the people of a particular jurisdiction.
• The State Prosecutor also known as fiscals, is considered the “keystone” in the administration of
criminal justice.
• The State Prosecutor – serves as the lawyer of the state in criminal cases.

INTERACTION OF POLICE AND PROSECUTORS


• Effectiveness of prosecution depends on the immediate and full cooperation of the arresting officer.

POLICE PROCESS
- The police conduct investigation and when the outcome of their investigation reveals sufficient evidence
against a particular suspect, based on testimony and identification by witnesses, and other evidence, the
suspect is placed under arrest.
CUSTODIAL INVESTIGATION
• It is conducted when the suspect has been taken into custody, and the police carry out a process of
interrogation.
• The prosecutor evaluates the document to determine whether to reject or to accept the case for
prosecution.
Basic Procedure in Preliminary Investigation (Rule 112, Sec 2., Rules of Court)
1. Filing of Complaint Affidavit – within 10 days determine probable cause
2. Issuance of Subpoena by the prosecutor to the respondent
3. Filing of counter affidavit by the respondent – within 10 days
4. Hearing shall be held within 10 days from submission of the counter-affidavits
5. Resolution – within 10 days
RULE 110. Prosecutions of Offenses
Sec. 1 Institutions of criminal actions
a. For offenses where preliminary investigation is required pursuant to Sec 1 of Rule 112, by filing the
complaint with the proper officer for the purpose of conducting requisite preliminary investigation.
b. For all other offenses, by filing the complaint or info directly with the MTC and MCTC, or the
complaint with the office of the prosecutor.
* The institution of the criminal action shall interrupt the running period of prescription of the offense
charged unless otherwise provided in special laws.
Sec. 2. Complaint or Information – shall be in writing, in the name of the People of the Philippines and
against all persons who appear to be responsible for the offense involved.
• COMPLAINT a sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer or other public officer charged with the enforcement of law
violated.
• INFORMATION is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court.
SEC 5 of Rule 110 is amended by A.M.No. 02-2-07 SC 2002
SEC 6. COMPLAINT OR INFORMATION IS SUFFICIENT IF:
 Name of the accused – the complaint or information must state the name and surname of the
accused or any appellation or nickname by which he has been or is known.
 Designation of the offense given by the statute – and specify the qualifying and aggravating
circumstance
 The acts or omissions complained of as constituting the offense – must be stated in ordinary and
concise language. In terms sufficient to enable a person of common understanding to know what
offense is being charged as well as its qualifying and aggravating circumstances ss
 Place where the offense is committed

PRELIMINARY INVESTIGATIONS
(Sec 1, Rule 112 Rules of Criminal Procedure)
• It is an inquiry or proceedings for the purpose of determining whether there exists sufficient ground
to engender a well-founded belief that a crime has been committed and that the respondent is
probably guilty thereof and should be held for trial.
PD 911
• It is promulgated on March 13, 1976 as amended by Batas Pambansa Bilang 129 and further
amended by the New Rules on Criminal Procedure
WHAT IS THE PURPOSE?
- To secure the innocent against hasty, malicious and oppressive prosecution and to protect him from an
open and public accusations of a crime.
SALIENT POINTS OF PD 911
a. Upon submission of the complainant’s affidavits and documents, the investigating fiscal or state
prosecutor shall immediately determine if there is a probable cause to conduct preliminary
investigation.
b. If no such cause exists, he shall dismiss the complaint. But if there is a probable cause, he shall
notify and require the person charge to submit his affidavit and those of his witnesses within 10 days.
c. If no such affidavits are submitted or the person charged does not appear, the investigation shall
proceed without him.

d. Based on the affidavits and documents submitted by the parties, the Fiscal or State prosecutor shall
decide within 10 days whether a crime has been committed and the person charged is probably guilty
thereof.

e. He shall furnish the parties’ copies of his resolution briefly stating his findings of facts and the law
supporting his decision.

f. If he believes the person charged is probably guilty of the crime, he shall immediately file the
information in court. Otherwise, he shall dismiss the complaint, unless there are some matters, he
wishes to be clarified.

g. In such a situation, he shall ask the parties and their witnesses clarificatory questions.

h. Without the approval of the Provincial Fiscal or Chief State Prosecutor, an Assistant Fiscal or State
Prosecutor cannot file information in court or dismiss a case investigated by him.

i. The Provincial Fiscal or Chief State Prosecutor himself may file the proper information or direct
another Assistant Fiscal to do so, if he reverses a recommendation to dismiss a complaint.

j. PD 911 also empowers the Secretary of Justice to review resolutions of Provincial Fiscal or Chief
State Prosecutor without requiring another preliminary investigation.
k. If the Secretary of Justice believes that the person charged is not guilty of the crime he can order the
filing of the proper information if he believes that the person charged is probably guilty of the
offense.

AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION


• Provincial or City Prosecutors and their assistants
• National and Regional State Prosecutors
• Other officers who may be authorized by law (COMELEC, OMBUDSMAN)

*When a person is lawfully arrested without warrant there is no right for preliminary investigation
AGENCIES COMPRISING PROSECUTORIAL FUNCTIONS
a. National Prosecution Service
b. Office of the Special Prosecutor
c. Office of the Ombudsman
d. Judge Advocate General’s Office

WHEN IS PRELIMINARY INVESTIGATION IS REQUIRED?


• It is required before the filing of a complaint or information for an offense where the penalty
prescribed by law is at least 4 years, 2 months and 1 day regardless of fine.
Prosecutorial Discretions
1. To file a case in court against the accused for trial on merits.
2. To drop or dismiss a case after conducting preliminary investigation for lack of merit of insufficient
evidence.
3. To enter into agreement with the defense counsel for the consideration and approval of the court.
4. To recommend reduced charges and bail in favor of the accused.

REMEDIES OF AN OFFENDED PARTY AGAINST A FISCAL WHO REFUSES


UNREASONABLY OR UNJUSTIFIABLY TO FILE INFORMATION
1. To file a criminal case against the fiscal.
2. To file an administrative case
3. To hold him civilly liable
4. To file an action for mandamus to compel the fiscal to file the information
5. To file a motion for consideration
6. To appeal to the Department of Justice

ARRAIGNMENT AND PLEA (Rule 116, Rules of Court)


ARRAIGNMENT is the legal mechanism whereby an accused is brought before the court wherein the
complaint charged against him is read by the clerk of court in the presence of his lawyer.

PLEA BARGAINING is the process of discussion or negotiation between the defense counsel and the
prosecutor, aimed at reaching an agreement whereby the prosecutor uses discretion to obtain from the judge
a lighter sentence in exchange for the defendant’s entering a guilty plea. (It is authorized by Sec 1 and 2 of
Rule 116 of Revised Rules on Criminal Procedures)
• Plea bargaining is not allowed under Dangerous Drugs Act where the imposable penalty is Reclusion
Perpetua.
• Plea bargaining is done during pre-trial stage/conference.
• Saving factor in plea bargaining – the truly innocent don’t plead guilty.
Three (3) Types of Lawyer for Defendant
1. Lawyer hired
2. Public defendant for indigent
3. Court-assigned counsel (counsel de officio)

Objectives of Plea Bargaining is to Mitigate such as:


1. Reducing the charge
2. Dropping multiple counts (complex-simple)
3. Recommend leniency to the court
4. Separate complex crime

THE REPUBLIC ACT 8493


(The Speedy Trial Act)

• This act was enacted to ensure speedy trial of all criminal cases before the Sandigan Bayan, Regional
Trial Court, Metropolitan Trial Court, Municipal Trial Court and Municipal Circuit Trial Court.
Under this act, the following Section gives significant on the speedy resolution of cases.
SEC. 2. Mandatory Pre-Trial in Criminal Cases. – In all cases cognizable by the Municipal Trial Court,
Municipal Circuit Trial Court, Metropolitan Trial Court, Regional Trial Court, and the Sandiganbayan, the
justice or judge shall, after arraignment, order a pre-trial conference to consider the following:
1. Plea bargaining;
2. Stipulation of Facts;
3. Marking for identification of evidence of parties;
4. Waiver of objections to admissibility of evidence; and
5. Such other matters as will promote a fair and expeditious trial.

• Modification of the order of trial if the accused admits the charge but interposes a lawful defense
Sec 3. All agreements or admissions made or entered into during the pre-trial conference shall be reduced to
writing and signed by the accused and counsel, otherwise the same shall not be used in evidence against the
accused.
Sec. 4 Non-appearance at pre-trial conference. Where counsel for the accused or the prosecutor does not
appear at the pre-trial conference and does not offer an acceptable excuse for his/her lack of cooperation, the
pre-trial justice or judge may impose proper sanctions.
Sec 7. The arraignment of an accused shall be held within 30 days from the filing of the information, or from
the date the accused has appeared before the justice, judge or court in which the charge is pending,
whichever date last occurs.
• Thereafter where a plea of not guilty is entered, the accused shall have at least fifteen 15 days to
prepare for trial. Trial shall commence within 30 days from arraignment.
• If the accused pleads not guilty to the crime charged, he or she shall state whether he/she interposes a
negative or affirmative defense. A negative defense shall require the prosecution to prove the guilt of
the accused beyond reasonable doubt, while an affirmative defense may modify the order of trial and
require the accused to prove such defense by clear and convincing evidence.
Section 13, If an accused is not brought to trial within the time limit required by Section 7 of this Act as
extended by section 9, the information shall be dismissed on motion of the accused. The Accused shall
have the burdened of proof supporting such motion, but the prosecution shall have the burden of going
forward with the evidence in connection with the exclusion of time.
• Failure of the accused to move for dismissal prior to trial or entry of a plea of guilty shall constitute a
waiver of the right to dismissal under this section.
PRE-TRIAL
• It is a mandatory conference and personal confrontation before the judge between the parties and
their respective counsel.
MAIN PURPOSE OF PRE-TRIAL
1. Whether or not to file a criminal charge
2. How to set the level of seriousness of the offense to be charged
3. When to stop prosecution

SEC 1 & 2, Rule 118 of Rules of Court


• It requires plea bargaining to be considered by the TC at the pre-trial conference.
SEC 1 – Pre-Trial Mandatory in criminal cases.
In all criminal cases cognizable by the SB, RTC, MTC, MTC in cities and MCTC, the court shall
after arraignment and within 30days from the date the court acquires jurisdiction over the person of the
accused, unless a shorter period is provided for in special laws or circular of the SC, order a pre-trial
conference to consider the ffng:
a. plea bargaining;
b. stipulation of facts;
c. marking for identification of evidence of the parties;
d. waiver of objections to admissibility of evidence;
e. modification of the order of trial if the accused admits the charge but interposes a lawful
defense; and
f. such other matters as will promote a fair and expeditious trial of the criminal and civil aspects
of the case. (secs. 2 and 3, cir. 38-98)

THIRD PILLAR: COURT


COURT – judicial tribunal established to administer justice.
What are the functions of the court in the process of CJS?
- generally, hear and decide cases

FUNCTIONS OF THE COURT


1. Keeping Peace
2. Deciding Controversies
3. Administrative Role

ROLE IN HEARING CASES


- Court must work both in the interest of the offender and offended person towards the attainment of
justice
- Due process clause are observed
- Courts are forum where aggrieved seek for redress
- Fair trial
Judicial Power
• The judicial power shall be vested in one Supreme Court and in such other courts as may be
established by law. (Art VIII, Sec 1 of 1987 Constitution)
• Judicial power includes the duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to determine whether or not there has been a
grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government
DIFFERENT COURTS IN THE PHILIPPINES
1. Supreme Court – it is the highest court in the Philippines. It is constitutional court created by a
direct provision of the Constitution.
Royal Audencia – established on May 5, 1583
One (1) Chief Justice and 14 Associate Justices

- Supreme Court: The Highest Court – It is the final arbiter of any and all judicial issues. It
composed of one Chief Justice and fourteen associate justices, all of whom are presented by the
Judicial and Bar Council.
• June 11, 1901 marks the birth of the Supreme Court. It was preceded by the Royal Audiencia, a
collegial body established on May 5, 1583.
2. Court of Appeals – it is the second-highest judicial court after the Supreme Court. It reviews
decisions and orders of the lower courts.

- The Court of Appeals – was established under Batas Pambansa Bilang 129 known as “The Judiciary
Reorganization Act of 1980” It composed of one presiding judge and 68 Associate Justices.

3. Regional Trial Court (RTC) – court of first instance

- The Regional Trial Courts – were established among the regions in the Philippines.

- R.A 8369 – otherwise known as the “Family Courts Act of 1997” was enacted establishing the
Family Court, granting this court exclusive original jurisdiction over child and family cases.

4. Inferior Courts (MetroTC, MTC and MCTC)


- Municipal Trial Courts – it covers one municipality; otherwise it is called Municipal circuit trial
courts if it covers two or more municipalities.
- Metropolitan Trial Courts and Municipal Trial Courts in Cities – municipal trial courts in the towns
and cities in the Metropolitan Manila area are referred to as Metropolitan Trial Courts. In cities
outside Metropolitan Manila, the equivalent of the Municipal Trial Courts are referred to as
Municipal Trial Courts in Cities.

MUNICIPAL TRIAL COURT under RA 7691, has exclusive original jurisdiction over offenses
punishable with imprisonment not exceeding six years regardless or irrespective of the fine and
other accessory penalties and civil liability
All criminal cases where the penalty is higher than six years imprisonment (except those cases
falling within the Sandiganbayan) are within the jurisdiction of the RTC.

In cases where the only penalty provided by law is a fine, the MTC has exclusive original
jurisdiction over offenses punishable with a fine not exceeding 4,000 pesos.

The MTC also has exclusive original jurisdiction over all violations of city or municipal
ordinances committed within its respective territorial jurisdiction. The MTC has also a special
jurisdiction to hear and decide petitions for writ of habeas corpus or applications for bail in the
Province or City where the RTC judges are absent.

In addition, the following cases should also be filed with the MTC:
a. Cases involving BP 22
b. Offenses involving damage to property through criminal negligence (BP 129 as amended by
RA 7691)
c. The RTC shall exercise original jurisdiction over criminal cases not within the exclusive
jurisdiction of any court, tribunal or body. This is because the RTC is a court of general
jurisdiction.

SPECIAL COURTS
1. THE SHARI’A COURTS – equivalent to the Regional Trial Courts in rank are the Shari’a District
courts which were established in certain specified provinces in Mindanao where the code of Muslim
Personal Laws of the Philippines is being enforced.

Shari’a District Court is of limited jurisdiction. It was created under Presidential Decree No
1083. Cases falling within the exclusive jurisdiction of the Shari’a District Courts primarily
pertain to family rights and duties as well as contractual relations of Filipino Muslims in the
Mindanao.

It has appellate jurisdiction over all cases tried in the Shari’a Circuit Courts within their territorial
jurisdictions.

The decision of the SDC, whether on appeal from the SCC or not, is final.

The Shari’a Circuit Court – equivalent to the Municipal Circuit Trial Courts which were
established in certain municipalities in Mindanao where the Code of Muslim Personal Laws of
the Philippines is being enforced. It has original jurisdiction over;

All cases involving offenses defined and punished under PD 1083;


All civil actions and proceeding between parties who are Muslims or have been married in
accordance with Article 13 of PD 1083
All cases involving disputes relative to communal properties.
2. COURT OF TAX APPEALS (CTA) – it has the same level with the Court of Appeals – can try
criminal cases esp. in violation of tax laws
- The Court of Tax Appeals – it was created under RA 1125. It is a special court with limited
jurisdiction. It has same level with Court of Appeals. RA 9282 expanded the jurisdiction of the CTA,
elevating its rank to the level of a collegiate court with special jurisdiction and enlarging its
membership.
3. SANDIGANBAYAN – It is special court that has jurisdiction over criminal and civil cases
involving graft and corrupt practices of public officers.
- The Sandiganbayan – It is a special court which was established under the PD No 1606. Its rank is
equivalent to the Court of Appeals.

CRIMINAL JURISDICTION DEFINED,


- the authority to hear and try a particular offense and impose the punishment for it. Criminal
jurisdiction is essential because without this the court cannot hear, try and decide on a particular
case.
Requisites for Valid Exercise of Criminal Jurisdiction
1. Jurisdiction over the subject matter – the offense by virtue of the imposable penalty or its nature,
is one which the court is by law authorized to take cognizance of.
2. Jurisdiction over the territory – the offense must have been committed or any of its essential
ingredients must have taken place within the territorial jurisdiction of the court. It cannot be
waived and where the place of the commission was not specially charged, the place may be
shown by evidence.
3. Jurisdiction over the person of the accused – the person charged with the offense must have been
brought for trial, forcibly by warrant of arrest or upon his voluntary submission to the court.
• JURISDICTION is the power and authority of the court to hear, try, and decide a case.
• VENUE refers to a place or the geographical area, where the action is to be filed and tried.
• TRIAL – refers to the presentation of the prosecution and the defendant of their respective case and
arguments before the court.

The following are the defenses the accused might put up:
1. The defense of alibi – is simply a CLAIM by the defendant that he or she WAS IN ANOTHER
PLACE when the crime occurred and therefore could not have committed it. This is supported by
witnesses and documentary evidence.
2. The defense of insanity – is a claim that the defendant should be exonerated from criminal
responsibility because he or she was/is suffering from a mental condition or mental incapacitation.
3. The defense of instigation – if the defendant can establish that he or she would not have committed
the crime were it not for the encouragement or compulsion of law enforcement agents, he /she is not
criminally liable.

4. The defense of duress – this is based on the claim that the act was the result, not of any intent on the
part of the accused, but of threats of loss of life, limb, or a loved one. Duress as a valid defense
should be based on real, imminent, or reasonable fear for one’s life or limb and should not be
speculative, fanciful or remote fear.

5. The defense of consent – that the victim consented to the act for which the accused stands charge.
This defense is common in rape and acts of lasciviousness.
6. The defense of violation of the provisions of the BILL of RIGHTS. This defense is invoked if the
state or its agents violated the right of the defendant in obtaining evidence to prove the latter’s guilt.
Such evidence is inadmissible in a criminal proceeding.

TWOFOLD ROLE OF THE COURT


• PARTICIPANT the court must decide the culpability or innocence of the accused after a careful
examination of the records or the case after its trial on the merit
• SUPERIOR it has a mission as a protector of human rights

SUBPOENA
• It is an order to appear and testify at the hearing or trial of an action, or at any investigation
conducted by competent authority.
• Subpoena ad testificandum - the person who will appear to attend and testify or the subpoenaed
• Subpoena duces tecum – a person is required to bring with him books, documents or other things
SUMMON
• It is a writ of the court by which the defendant is notified of the action brought against him.
• It is an order to answer a complaint
BAIL AND RECOGNIZANCE
• BAIL is the security given for the release of a person in custody of law, furnished by him or a
bondsman, conditioned upon his appearance.
FORMS OF BAILS
- Corporate surety
- Property bonds
- Cash deposit
- Recognizance

RECOGNIZANCE refers to an obligation of record, entered into before some court or officer with a
condition to do some particular acts.
• PREVENTIVE DETENTION is an imprisonment that allows judges to hold the accused inside the jail
who could not afford bail.
JUDGMENT AND APPEAL
• JUDGMENT is the adjudication by the court that the accused is guilty of the offense charged and the
imposition of the proper penalty and civil liability provided for by the law on the accused.
• APPEAL is a remedy available to an accused to obtain reversal or modification of judgment for lack of
jurisdiction over the subject matter or grave abuse of discretion in the findings of facts or of law set out
in the decision.

WHAT WAS COURT SYSTEM BEFORE ENACTMENT OF BP 129?


• Indiscriminate filing of cases are very common during those time that clogs court dockets and makes
court inefficient.
• During this time the then President Marcos introduces P.D.1508 or the Katarungang Pambarangay Law

CHIEF JUSTICE FRED RUIZ CASTRO


- Advocated the creation of “neighborhood paralegal committee” reminiscent of the Pre-Spanish time that all
kinds of disputes were heard before the old men of the district.
• He is considered as the “Father of the Barangay Justice Law”
• P.D. 1293 January 27, 1978
• It was promulgated creating the Presidential Katarungang Pambarangay Commission which was
charged with the task of studying the feasibility of instituting a system of resolving disputes among
family and barangay members without resort to the courts.
• Pangkat Tagapagkasundo – arbitration panel with three (3) members plus an alternate. Members
elect from among themselves the Chairman and Secretary. The BC will act as the presiding officer
during settling of disputes.
• Lupong Tagapamayapa – Its primary role is to amicably settle certain classes of disputes without
judicial intervention like areglo.
Local Government Code of 1991
• RA 7160, otherwise known as Local Government Code of 1991, mandates barangays to enforce
peace and order and provides support for the effective enforcement of human rights and justice. This
has facilitated the recognition of the Katarungang Pambarangay as an alternative venue for the
resolution of disputes.
• LUPONG TAGAPAMAYAPA (Committee for Peace) – referred to as the Lupon. LUPON refers to
a group or pool of village residents picked and appointed by the Barangay Captain.
COMPOSITIONS
1. The Punong Barangay as Chairman; and
2. Ten (10) to twenty (20) members.

Three Principal Duties of a Lupon Chairman


1. To determine the number and qualifications of Lupon members and to appoint them.
2. to settle disputes or cases among the members of the barangay by conciliation or arbitration
3. To constitute the Pangkat ng Tagapagkasundo to adjudicate a dispute in proper cases.

PANGKAT NG TAGAPAGKASUNDO refers to the panel of conciliators consisting of three members of the
Lupon.
• The three Lupon members who are to be constituted as Pangkat are going to be chosen by the
contending parties to the dispute (Section 404 9a, RA 7160)

OBJECTIVES OF KATARUNGANG PAMBARANGAY


1. To speed up the administration of justice
2. To implement the Constitutional mandate and develop Filipino culture
3. To perpetuate the time-honored tradition of settling disputes amicably for the maintenance of peace
and harmony
4. To decongest dockets of minor criminal and civil cases.

JURISDICTION OF 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 (5,000)
d. Offenses where there is no private offended party
e. Where the disputes involve real properties located in different cities or municipalities unless the
parties thereto agree to submit their differences to an 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 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.

You might also like