KATARUNGANG PAMBARANGAY
LAW
(Title One, Book III, RA 7160)
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
lupon chairman or pangkat,
AND
2. that no conciliation or
settlement has been reached
OR unless the settlement has
been repudiated by the parties
thereto.
CASES NOT COVERED BY THE
KATARUNGANG PAMBARANGAY
LAW:
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 1
year or a fine exceeding
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.
However, the court may, at any time
before trial, motu proprio refer the case
to the lupon concerned for amicable
settlement, non criminal cases not
falling within the authority of the latter.
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 PARTIES MAY GO DIRECTLY (a) Where one party is the government, or
TO COURT IN THE FOLLOWING any subdivision or instrumentality thereof;
INSTANCES:
1. Where the accused is under (b) Where one party is a public officer or
detention; employee, and the dispute relates to the
2. Where the person has performance of his official functions;
otherwise been deprived of
(c) Offenses punishable by imprisonment
personal liberty calling for
exceeding one (1) year or a fine
habeas corpus proceeding;
exceeding Five thousand pesos
3. Where the actions are (P5,000.00);
coupled with provisional
remedies such as preliminary (d) Offenses where there is no private
injunction, attachment, offended party;
delivery of personal property,
and support pendente lite; (e) Where the dispute involves real
and properties located in different cities or
4. Where the action may municipalities unless the parties thereto
otherwise be barred by the agree to submit their differences to
statute of limitations. amicable settlement by an appropriate
lupon;
The parties may, at any stage of the
proceedings, agree in writing to have (f) Disputes involving parties who actually
the matter in dispute decided by reside in barangays of different cities or
arbitration by either the Punong municipalities, except where such
barangay units adjoin each other and the
Barangay or Pangkat. In such case,
parties thereto agree to submit their
arbitrational hearings shall follow order
differences to amicable settlement by an
of adjudicative trials. appropriate lupon;
The settlement and arbitration (g) Such other classes of disputes which
agreement may be repudiated on the the President may determine in the
ground that consent is vitiated by fraud, interest of Justice or upon the
violence, or intimidation. Such recommendation of the Secretary of
repudiation shall be sufficient basis for Justice.
the issuance of the certification for filing
a complaint in court or any government The court in which non-criminal cases not
office for adjudication. falling within the authority of the lupon
under this Code are filed may, at any time
RULES ON VENUE UNDER THE before trial motu propio refer the case to
KATARUNGANG PAMBARANGAY the lupon concerned for amicable
LAW settlement.
1. Disputes between residents of
Section 409. Venue. -(a) Disputes
the same barangay shall be
between persons actually residing in the
brought for settlement before
same barangay shall be brought for
lupon of said barangay amicable settlement before the lupon of
2. Residents of different said barangay.
barangays within the same
city or municipality – in the (b) Those involving actual residents of
barangay where the different barangays within the same city
respondent or any of the or municipality shall be brought in the
respondents reside at the barangay where the respondent or any of
election of the complainant the respondents actually resides, at the
3. Disputes involving real election of the complaint.
property or any interest
therein- where real property or (c) All disputes involving real property or
larger portion thereof is any interest therein shall be brought in the
situated barangay where the real property or the
larger portion thereof is situated.
4. Disputes arising at the
(d) Those arising at the workplace where
WORKPLACE where the
the contending parties are employed or at
contending parties are
the institution where such parties are
employed or at the enrolled for study, shall be brought in the
INSTITUTION where such barangay where such workplace or
parties are enrolled for study – institution is located.
in the barangay where such
workplace or institution Objections to venue shall be raised in the
located. mediation proceedings before the punong
barangay; otherwise, the same shall be
Section 408. Subject Matter for deemed waived. Any legal question which
Amicable Settlement; Exception may confront the punong barangay in
Thereto. - The lupon of each barangay resolving objections to venue herein
shall have authority to bring together the referred to may be submitted to the
parties actually residing in the same city Secretary of Justice, or his duly
or municipality for amicable settlement of designated representative, whose ruling
all disputes except: thereon shall be binding.