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KATARUNGANG

PAMBARANGAY
Section 399 to 422 of the Local Government Code of 1991
(RA No. 7160)
Objectives of the Katarungang Pambarangay

• To provide a venue for the disputing parties to search for a


solution that is mutually acceptable;
• To assist the parties in discussing the possible amicable settlement
of their dispute. The Barangay Captain and Members of the
Lupon, however, do not act as judges or adjudicators of disputes
but as facilitators for the disputing parties’ discussion of possible
solutions.
Objectives of the Katarungang Pambarangay
(CON’T)
• To promote the speedy administration of justice;
• To minimize the indiscriminate filing of cases in courts;
• To minimize the congestion of court dockets and thereby enhance
the quality of justice dispensed by the courts; and
• To perpetuate and recognize the time-honored tradition of amicably
settling disputes at the community level.
Cases covered by the Katarungang
Pambarangay
• 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, civil or criminal, except:
• Where one party is the government, or any subdivision or instrumentality thereof;
• Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;
• Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five
thousand pesos (P5,000.00);
• Offenses where there is no private offended party;
• 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;
• 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;
Examples of offenses punishable by
imprisonment not exceeding one (1) year

• alarms and scandals (ART. 155);


• using fictitious names and concealing true names (ART. 178);
• slight physical injuries and maltreatment (ART. 266);
• less serious physical injuries (ART. 265);
• giving assistance to suicide (ART.253);
Examples of offenses punishable by imprisonment
not exceeding one (1) year (CON’T)
• 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);
• abandoning a minor (a child under seven [7] years old) (ART. 276);
• qualified tresspass to dwelling (ART. 280);
• other forms of tresspass (ART. 281);
Examples of offenses punishable by imprisonment
not exceeding one (1) year (CON’T)
• light threats (ART. 283);
• other light threats (ART. 285);
• grave coercion (ART. 286);
• light coercion (ART. 287);
• other similar coercions (compulsory purchase of merchandise and
payment of wages by means of tokens) (ART. 288);
• discovering secrets through seizure and correspondence (ART. 290);
Examples of offenses punishable by imprisonment
not exceeding one (1) year (CON’T)
• theft (if the value of the property stolen does not exceed 5,000
pesos) (ART. 309);
• 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 40,000) (ART.
315);
Examples of offenses punishable by imprisonment
not exceeding one (1) year (CON’T)
• malicious mischief (regardless of the value of the property) (ART. 329)
• 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);
Cases not covered by the Katarungang Pambarangay

• OFFENSES INVOLVING GOVERNMENT ENTITIES;


• ONE PARTY IS A PUBLIC OFFICER/EMPLOYEE (Dispute relates to performance of
official functions)
• OFFENSES WITH A MAXIMUM PENALTY EXCEEDING 1 YEAR AND FINE
EXCEEDING FINE FIVE THOUSAND PESOS (P5,000.00);
• OFFENSES WITH NO PRIVATE OFFENDED PARTY;
• REAL PROPERTIES SITUATED IN DIFFERENT CITIES OR MUNICIPALITIES;
• DISPUTES THAT NEED URGENT LEGAL ACTION;
• LABOR DISPUTES;
• ACTIONS TO ANNUL A JUDGMENT UPON A COMPROMISE;
Jurisdiction and Venue
• THE PUNONG BARANGAY, AT THE FIRST INSTANCE, AND THE LUPON HAS
THE AUTHORITY OR POWER TO MEDIATE CASES OF THE RESIDENTS IN
YOUR BARANGAY;
• FILED IN THE BARANGAY WHERE THE RESPONDENT RESIDES; IF THERE
ARE SEVERAL RESPONDENTS, THE COMPLAINTT SHALL BE FILED WITH
THE BARANGAY WHERE ANY OF THE RESPONDENTS RESIDE, AT THE
OPTION OF THE COMPLAINANT;
• IF ANY OF THE INVOLVED PARTIES IS INCOMPETENT OR A MINOR, HE/SHE
SHOULD BE REPRESENTED BY A LEGAL GUARDIAN OR NEXT OF KIN WHO
IS NOT A LAWYER;
• A JURIDICAL PERSON OR CORPORATION LIKE A COOPERATIVE
CANNOT FILE A COMPLAINT WITH THE BARANGAY BECAUSE IT
CANNOT BE A PARTY TO AN AMICABLE SETTLEMENT. ANY CASE
INVOLVING COOPERATIVE OR PEOPLE’S ORGANIZATION CAN GO
DIRECTLY TO COURT WITHOUT GOING THROUGH MEDIATION OR
CONCILIATION; and
• CASES UNDER THE KATARUNGANG PAMBARANGAY ARE ALL
DISPUTES, CIVIL AND CRIMINAL IN NATURE WHERE PARTIES
ACTUALLY RESIDE IN THE SAME CITY OR MUNICIPALITY ARE
SUBJECTED TO PROCEEDINGS FOR PURPOSES OF AMICABLE
SETTLEMENT.
Public office is a public trust. Public officers and
employees must, at all times, be accountable to the
people, serve them with utmost responsibility,
integrity, loyalty, and efficiency; act with patriotism
and justice, and lead modest lives.
--ARTICLE XI, Section 1, 1987 Constitution

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