SAYRI ANG BALAUD

July 4, 2013 Tuesday 5:00pm-6:00pm

Topic: Barangay Justice System
Guest Speaker: Atty. Melchor Quitain Jr.

Program Coordinator: Luchie G. Sasing

Program Researcher: VADG

Guide Questions:
1.

What is the Katarungang Pambarangay?

The Katarungang Pambarangay or the Barangay Justice System is a system of justice administered at the
barangay level for the purpose of amicable settling disputes through mediation, conciliation or arbitration among the
family or barangay without resorting to the courts.
2.

Why is there a Katarungang Pambarangay?

It was designed not merely to decongest the courts of cases but to address inequalities in access to
justice, particularly experienced by marginalized communities. The barangays, being the basic political unit in the
country, is in the most strategic position to facilitate resolution or mediation of community and family disputes,
alongside its mandate to deliver basic services. Republic Act 7160 or the Local Government Code
of 1991 expanded the scope and powers of the Katarungang Pambarangay.
3.

What is the primary role of the Katarungang Pambarangay?

The primary role of the system is not to decide disputes and impose a solution on the parties but to assist the
parties in discussing the possible amicable settlement of their disputes. The Punong Barangay and the community
conciliators (Lupon members) do not act as judges or adjudicators of disputes but as facilitators for the disputing
parties discussion of possible solutions.
For this reason, the personal appearance and participation of the disputing parties is necessary, while the nonappearance of the parties will have corresponding sanctions. Also because of the need for the disputing parties
personal participation in the conciliation proceedings, disputes involving non-natural persons like corporations are not
subject to the conciliation proceedings of the Barangay Justice System.
4.

Who are the Lupong Tagapamayapa and what are their functions?

The Lupong Tagapamayapa are composed of ten (10) to twenty (20) members and are appointed by the
Punong Barangay from the respected members of the community. They can be 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.
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.

5.

Who are the Pangkat ng Tagapagkasundo?

They are constituted for each dispute brought before the lupon a conciliation panel 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.
6.

What are the cases under the Katarungang Pambarangay?

The general rule is that the Lupon Tagapamayapa (Committee for Peace) 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. So, provided they do not fall under the exceptions, all disputes must first be submitted for possible
conciliation at the barangay level, before any court or other government body can take jurisdiction.
For list of cases, please see Appendix A.
7.

What cases are excepted under the Katarungang Pambarangay?

The exceptions to the general rule above are:

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. Where the dispute involves real properties located in different cities and municipalities, unless the
parties thereto agree to submit their difference to amicable settlement by an appropriate Lupon;
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. 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;
6. Offenses for which the law prescribes a maximum penalty of imprisonment exceeding 1 year or a fine
of over P5,000.00;
7. Offenses where there is no private offended party;
8. Disputes where urgent legal action is necessary to prevent injustice from being committed or further
continued, specifically the following:
a.
b.
c.
d.

Criminal cases where accused is under police custody or detention;

Petitions for habeas corpus by a person illegally deprived of his rightful custody over another or a
person illegally deprived of or on acting in his behalf;
Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of
personal property and support during the pendency of the action; and
Actions which may be barred by the Statute of Limitations.

9. Any class of disputes which the President may determine in the interest of justice or upon the
recommendation of the Secretary of Justice;

10. Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) [Secs. 46 & 47, R.
A. 6657];
11. 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];
12. Actions to annul judgment upon a compromise which may be filed directly in court [Sanchez vs.
Tupaz, 158 SCRA 459];
13. Where the dispute involves members of the same indigenous cultural community, such dispute shall be
settled in accordance with the customs and traditions of that particular cultural community, or where
one or more of the parties to the aforesaid dispute belong to the minority and the parties mutually
agreed to submit their dispute to the indigenous system of amicable settlement [Sec. 412 [c], R.A.
7160]
A court in which non-criminal cases not falling within the authority of the Lupon are filed, at any time before trial,
may motu proprio refer the case to the Lupon concerned for amicable settlement. [Sec. 408 [g], 2 nd par.]
8.

May one file a case directly with the Courts without going through the Barangay Justice System?

The courts are strict about these rules. 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 (1) there has been a confrontation between the parties before the Punong Barangay or the Pangkat,
and that (2a) 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 (2b) the settlement has been repudiated by the parties thereto.
[Sec. 412, R.A. 7160]
Cases filed in court without first going through barangay conciliation when required may be dismissed
upon motion of defendant/s for failure to state a cause of action or prematurity. [5 Par. IV, Administrative Circular
No. 14-93]
9.
With which Lupon should one file a complaint (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 complaint.
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 (Lupon
Chairman); otherwise, they are deemed waived. Any legal question which may confront the punong barangay in

resolving objections to venue may be submitted to the Secretary of Justice, or his duly designated representative,
whose ruling shall be binding.
10.

What is the procedure for filing cases?

Mediation by the Punong Barangay / Lupon Chairman
1. Upon payment of the appropriate filing fee (not less than P5.00 nor more than P20.00), any individual who has
a cause of action against another may complain, orally or in writing (, to the Punong Barangay. [Rule VI, Sec.
4, Katarungang Pambarangay Circular No. 1, Katarungang Pambarangay Rules and Forms, July 21, 1992]
2. Upon receipt of the complaint, the Punong Barangay 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 not
later than 5 days from date thereof for mediation of their conflicting interests. [Rule III, Sec. 1 b (1)]
3. The respondent shall answer the complaint, orally or in writing, by denying specifically the material averments
of the complaint and/or alleging any lawful defense. He may also interpose a counterclaim against
complainant, a cross-claim against a co-respondent or a third-party complaint against one not yet a party to the
proceedings. [Rule VI, Sec.5]
4. Upon successful conclusion of his mediation effort, the Punong Barangay shall reduce to writing in a language
or dialect known to the parties the terms of the settlement agreed upon by them, have them sign the same, and
attest to its due execution. [Rule III, Sec. 1 b (4)]
5. If the Punong Barangay fails in his mediation efforts within 15 days from the first meeting of the parties before
him, or where the respondent fails to appear at the mediation proceeding before the Punong Barangay, he shall
set a date for the constitution of the Pangkat Tagapagkasundo (Panel for Conciliation). [Rule VI, Sec.8 a, 3 rd
par.] [Sec. 404, R.A. 7160.]

Conciliation by the Pangkat Tagapagkasundo

6. The Pangkat shall convene not later than 3 days from its constitution, on the day and hour set by the Punong
Barangay, to hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable
settlement. The Pangkat may also issue summons for the personal appearance of parties and witnesses.
If a party moves to disqualify any member of the Pangkat by reason of relationship, bias, interest, or any
other similar grounds, 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 vacancy shall be filled by
drawing lots [See Sec. 404, R.A. 7160].
7. Respondent's refusal or willful failure to appear without justifiable reason before the Pangkat, as
determined by the latter after notice and hearing, shall be a sufficient basis for the issuance of a certification
for filing complainant's cause of action in court or with the proper government agency or office.[ Rule VI,
Sec.8 a, 3rd par., Katarungang Pambarangay Circular No. 1]
8. The Pangkat shall arrive at a settlement or resolution of the dispute within 15 days from the day it convenes.
This period shall, at the Pangkats discretion, be extendible for another period which shall not exceed 15 days,
except in clearly meritorious cases.
11.

How will the cases be handled?

The Punong Barangay and the Pangkat shall proceed to hear the matter in dispute in an informal but orderly
manner, without regard to technical rules of evidence, and as is best calculated to effect a fair settlement of the dispute
and bring about a harmonious relationship of the parties.

Proceedings before the Punong Barangay shall be recorded by the Lupon Secretary while those before the
Pangkat shall be recorded by the Pangkat Secretary. The record shall note the date and time of hearing, appearance of
parties, names of witnesses and substance of their testimonies, objections and resolutions, and such other matters as
will be helpful to a full understanding of the case.
12.

Is the presence of a lawyer needed during the conciliation?

In all 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. 415, RA
7160]
13.

What will happen if one of the parties fail to appear for mediation?

In case a party fails to appear for mediation, the Punong Barangay / Pangkat Chairman shall set a date for
the absent party/ies to appear before him to explain the reason for the failure to appear.
If the Punong Barangay / Pangkat Chairman finds after hearing that the failure or refusal of the complainant
to appear is without justifiable reason, he shall (1) dismiss the complaint; (2) direct the issuance of and attest to the
certification to bar the filing of the action in court or any government office; and (3) apply with the local trial court for
punishment of the recalcitrant party as for indirect contempt of court.
In case of similar willful failure or refusal of the respondent to appear for mediation before the Punong
Barangay / Pangkat Chairman (as may be applicable), the latter shall: (1) dismiss the respondent's counterclaim; (2)
direct the issuance of and attest to the certification (i) to bar the filing of respondent's counterclaim in
court/government office, and if already under conciliation, (ii) to file complainant's action in court/government office;
(3) apply with the local trial court for punishment of the recalcitrant party as for indirect contempt of court; and (4) if
still under mediation, the Punong Barangay shall set a date for the parties to appear before him for the constitution of
the Pangkat.
The Punong Barangay shall apply, in similar manner, for the punishment of a recalcitrant witness who
willfully fails or refuses to appear, as for indirect contempt of court.
14.

What if the settlement was affected by fraud, violence, or intimidation?

Any party to the dispute may, within 10 days from the date of the settlement, repudiate the same by filing
with the Punong Barangay 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 in court or any government office. Failure to repudiate the settlement within the aforesaid time limit shall be
deemed a waiver of the right to challenge on said grounds.

15.

What happens next if the settlement if successful?

The amicable settlement and arbitration award shall have the force and effect of a final judgment of a court
upon the expiration of 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. Except that in cases where the court motu
proprio referred a non-criminal case to the Lupon which is not within the latters jurisdiction, the compromise
settlement agreed upon shall first be submitted to the court and upon approval thereof, have the force and effect of a
judgment of said court.

16.

How can the settlement be executed?

The amicable settlement or arbitration award may be enforced by execution by the Lupon within 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. 417, RA 7160]
The secretary of the Lupon shall transmit the settlement or the arbitration award to the appropriate city or municipal
court within 5 days from the date of the award or from the lapse of the 10-day period repudiating the settlement and
shall furnish copies thereof to each of the parties to the settlement and the Punong Barangay.[Sec. 419, RA 7160]
QA

Q:
May we come to the Barangay Hall and explain our side of the story before the scheduled date
of mediation. Im wary other party will become hostile or incessant if we face each other.
A:
There is no harm in trying but it is still necessary to appear for the mediation. Remember that the
Pangkat are only intermediaries and they do not have the power to decide who is right.
Q:

Is it true that one may file complaint through text?

A:
Since there is a need for filling out (with the help of the Barangay Secretary) a complainant form and
payment of a filing fee, one must personally file the complaint with the barangay.
Q:
One of my creditors filed a complaint with the Katarungang Pambarangay. Can I reach out to
them first instead of appearing for mediation?
A:
Yes. Parties may personally confront each other and settle their dispute. If not, they should go
through conciliatory proceedings.
Q:
I am the complainant but as the conciliation proceedings the respondent is becoming
increasingly verbally abusive even in the presence of the Lupon. I have reason to believe that in the
next meeting he will bring a knife and attack me. May I be forced to attend the barangay hearing?
A:
One cannot be forced to attend the hearing but the Pangkat Chairperson will set a date for the absent
party to appear before him to explain the reasons for failure to appear at the hearing.

Q:
What if I am not satisfied with the conciliation proceedings and it feels like our dispute will
never be settled with the barangay?
A:
If there was no settlement between parties despite all efforts to conciliate, a Certification to file
action, will be given, attesting that no conciliation or settlement has been reached. The certification shall be
submitted to corresponding court or government office for filing an appropriate case.
Appendix A

cases under katarungang pambarangay

source: katarungang pambarangay: a handbook

unlawful use of means of publication and unlawful utterances (art. 154);

alarms and scandals (art. 155);

using false certificates (art. 175);

using fictitious names and concealing true names (art. 178);

illegal use of uniforms and insignias (art. 179);

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 ones own victim (art. 275);

abandoning a minor (a child under seven [7] years old) (art. 276);

abandonment of a minor by perons entrusted with his/her custody; indifference of parents (art. 277);

qualified tresspass to dwelling (without the use of violence and intimidation). (art. 280);

other forms of tresspass (art. 281);

light threats (art. 283);

other light threats (art. 285);

grave coercion (art. 286);

light coercion (art. 287);

formation, maintenance and prohibition of combination of capital or labor through violence or threats (art. 289);
discovering secrets through seizure and correspondence (art. 290);

revealing secrets with abuse of authority (art. 291);

other similar coercions (compulsory purchase of merchandise and payment of wages by means of tokens). (art. 288);

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 the amount does not exceed p200.00). (art. 315);

other forms of swindling (art. 316);

swindling a minor (art. 317);

other deceits (art. 318);

removal, sale or pledge of mortgaged property (art. 319);

special cases of malicious mischief (if the value of the damaged property does not exceed p1,000.00). (art 328);

other mischiefs (if the value of the damaged property does not exceed p1,000.00). (art. 329);

simple seduction (art. 338);

acts of lasciviousness with the consent of the offended party (art 339);

threatening to publish and offer to prevent such publication for compensation (art. 356);

prohibiting publication of acts referred to in the course of official proceedings (art. 357);

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).