Katarungang Pambarangay Law.docx

Katarungang Pambarangay Law Reviewer Katarungngang pambaranggay 

Barangay justice system under the LGC



An ADR at the community level to allow amicable settlement of disputes among family and barangay members without resorting to the courts



Provides for a speedy and inexpensive way of settling disputes

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Helps relieve the courts of docket congestion and enhances the quality of justice dispensed by courts

Object of the katarungang pambarangay law 

Amicable settlement of disputes through conciliation proceedings voluntarily and freely entere into by the parties.



Parties are not compelled to settle their controversy during the barangay proceedings befre the lupon or the pangkat as they are free to instead find recourse in the courts in the event that no true compromise is reached

Lupong tagapamayapa Composition

Constitution

–

Punong barangay as chairman

–

10 to 20 members

–

Constitute every 3 years

STEP Ø 1: Dtermining the actual number of Lupon Members STEP Ø 2: Preparing a notice to constitute the Lupon STEP Ø 3: Posting the notice to constitute the Lupon STEP Ø 4: Appointment of Lupon Members STEP Ø 5: Oath taking of Lupon members STEP Ø 6: Posting

Membership to the lupon

1.

Any person actually residing or working in the barangay

2.

Not disqualified by law

3.

Possessing integrity, impartiality, independence of mind, sense of fairness and reputation for probity

Qualifications of lupon member:

ACTUAL RESIDENTS/ WORKING IN THE BARANGAY OF LEGAL AGE WITH THE FOLLOWING QUALITIES: INTEGRITY, IMPARTIALITY, INDEPENDENCE, FAIRNESS, FOR PROBITY, PATIENCE, RESOURCEFULNESS, OPEN-MINDEDNESS

REPUTATION

Disqualifications: BELOW 18 YRS OF AGE INCOMPETENT CONVICTED OF A CRIME CARRYING WITH IT PENALTIES OF PERPETUAL OR TEMPORARY DISQUALIFICATION FROM HOLDING PUBLIC OFFICE ELECTED GOVERNMENT OFFICIAL MEMBER OF ARMED FORCES WHO IS IN THE ACTIVE SERVICE

Notice to constitute

–

Must include names of proposed members who have expressed their willingness to serveà

–

Prepared by punong barangay within the first 15 days from the start of his term of office

– Notice shall be posted in 3 cospicuous places in the barangay continuously for a period of not less than 3 weeks

Appointment

–

After consideration of any opposition

–

To be done 10 days after postiing

– Appointments shall be in writing, signed by the punong barangay and attested by the barangay secretary

Posting after appointment

–

The appointment shall be posted in 3 conspicuous places during the entire duration of the term.

Indigenous cultural communities

– If majority are IG, local systems of settling disputes through their councils of datus or elders shall be recognized

Oath

–

Must take an oath of office before the punong barangay

Term

–

Until new lupon is constituted on the third year following his appointment

Early termination

1.

Resigned

2.

Transfer of residence or place of work

3. Withdrawal of appointment by the punong barangay witht the concurrence of majority of all members

Vacancy

– PB shall immediately appoint a qualified person who shall hold office only for the unexpired portion of the term

Functions

1.

Exercise administrative supervision over conciliation panel [ administrative supervision]

2. 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 [ regular meeting] 3. Exercise such other powers and perform such other duties and fucnctions as may be prescribed by law or ordinance 4.

Withdrawal of appointment

5.

Execution of settlement or award

6.

Secretary of the lupon

–

Barangay secretary

Function of sec of lupon

1.

Keep and maintain a record book of all complaints field and numbered consecutiviely

2.

Note the results of mediation proceeding before the pb and submit report to local trial curt

3.

Record the willful failure or refusal of a witness to comply with a sub poena

4.

Record the willful failure or refusal of a party to comply with summons

5.

Receive and keep records of proceedings

6.

Transmit the settlement agreed upon by the parties to the proper court

7.

Transmit arbitration award to the proper trial court within 5 days from the date thereof

8. Issue cert required for filing an action. Such cert shall show that a confrontation of the parties has taken place and that conciliation or settlement has been reached 9. Issue cert for barring the complainant from filing a case or the respondent form filing a counterclaim in court 10. Furning copies of the settlement or arbitration award to all the parties and to the PB 11. Issue certified true copies of any public record in his custody

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The lupon is not a court but an administrative body with conciliation and arbitrational functions and is under the executive branch

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Where no certification that lupon has been organized, there is no need to refer case to the katarungang pambarangay

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Lupon’s primary function is to conciliate and not to adjudicate

Pangkat tagapagsundo Composition

– 3 members who shall be chosen by the parties to the dispute from the list of members of the lupon – If there is a failure to agree on the composition- lots draw by the lupon chairman

Officers

–

1 chairman and 1 secretary

Function of secretary

– Prepare the minutes of the pangkat proceedings and submit a copy duly attested to by the chairman to the lupon secretary and the proper city or municipal court

Certificates

–

To be issued by sec

– Certified true copies of any public record in hs custody that is not declared confidential

Nature of pangkat

– Constituted to assist the lupon in bringing about the amicable settlement of disputes brought before the lupon

Vacancies

–

To be chosen by the party

–

Failure to agree- lot to be drawn by lupon chair

Character of office

– Lupon memebrs are deemd as persons in authority while in the performance of their official duties

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With compensation. Incentives for members who adequately demonstrate the ability to judiciously and expeditiously resolve cases referred to them

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The members, whether in public or private employment, shall be deemed to be on official time and shall not sufer from any diminution in compensation or allowance from employment

Conditions for lupon members as persons in authority 1. In their jursidction 2. While in the performance of their official duties

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There can be direct assaults and indirect, and resistance and disobedience to persons in authority for PB and members

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The prosecutor or municipal legal officer shall render legal advice on matters involving questions of law to the punong barangay or any lupon or pangkat member

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PB/ members may seek a review by SOJ of any legal advice rendered by the prosi.

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PB has authority over all disputes over parties actually residing in the same city or municipality 

XPN 

Where one party is the government or any subdivision or instrumentality

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One party is a public officer or employee, and the dispute relates to the performace of his official function

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Offenses pubnishable by imprisonment exceeding 1k or fine 5k

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Offenses where there is no private offended party

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Dispute involves real properties located in different cities, unless the parties agree to submit their differences to amicable settlement

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Disputes involving parties who actually resie in barangays of different cities or municipalities,except IF SUCH BARANGAY UNITS ADJOIN EACH OTHER AND THE PARTIES THERETO AGREE TO SUBMIT THEIR DIFFERENCES TO AMICABLE SETTLEMENT

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Other classes of dispues

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Purpose of BC is to provide a conciliation mechanism as an alternative to litigations in dispute settlements to members of the corresponding barangays who are actually residing therein

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A case involving civil status of a person is not among the cases where prior resort to brgy is necessary.

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Parties who actually reside in the same city or municipalit should bring their controversy first to the barangay court for possible amicable settlement before filing complaint in court

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Where the government or its instrumentality is only one of the contending parties, a confrontation should still be undertaken among the parties.

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Although venue is generally determined by the residence of the parties, disputes involving real property shall be brought in the barangay where the real property or any part thereof is situated, notwithstanding tha the parties reside elsewhere within the same city or municipality

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Any complaint by or against corporations, partnerships or juridical entites are not included since only individuals shall be parties to barangay conciliation proceedings either as complainants and respondents.

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Residence alone, without membership in said barangays would not be an accurate and reliable criterion considering that such residence may be actual but merely temporary.

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Residence in a barangay within the same municipality if only transient or temporary is not enough to vest jurisdiction upon the brgy lupin

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Requirement in residence and membership

Criminal fofenses covered by KPB

1. Alarms and scandal 2. Falsification 3. Using false cert 4. Using ficitious name 5. Illegal use of uniforms or insignia 6. False testimony against a defendant 7. False testimony favorable to the defendant 8. Grave scandal 9. Physical injurie inflicted in a tumultuous affray 10. Giving assistance to suicide 11. Pharmacist without prescription dispense any abortive 12. Responsibility of participants in a duel 13. Less serious and slight physical inuries 14. Unlawful arrest 15. Abandonment of person in danger and of one’s own victim 16. Abandoning a minor under 7 17. Abandonment of minor by person entrusted with his custody 18. Qualified trespass to dwelling grave threats 19. Lights threats 20. Grave and light coercion 21. Other similar coercion 22. Formation, maintenance and prohibition of combination of capital or labor through violence and threats 23. Discovering secrets through seizure of correspondence 24. Revealing secrets with abuse of office 25. Theft of property less than 50 26. Occupation of real property 27. Altering boundaries and landmakrs 28. Estafa involving amount not less than 200 29. Other forms of swindling and deceit 30. Removal, sale or pledge of mortgaged property 31. Malicious mischief

32. Simple seduction 33. Acts of lasciviousness 34. Slander 35. Slander by deed not serious 36. Incriminiatory machinations 37. Simple imprudence or negligence

Not included: Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued: 1. CRIMINAL CASES WHERE ACCUSED IS UNDER POLICE CUSTODY OR DETENTION 2. Petitions for habeas corpus by a person illegally deprived of his rightful custody over another or a person illegally derpived of his liberty or one acting in his behalf 3. Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property and support during the pendency of the action 4. Actions which may be barred by the statute of limitations 

Actions with provisional remedies may be filed directly to court even without passing the lupon

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Barangay conciliation not applicable to labor cases. Requiring conciliation of labor disutes before the barangay courts would defeat the ver salutary purpose of the law.

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Confrontation before barangay council not the required first notice in terminating the employee

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In all kpb, the parties must appear in person without the assistance of counsels or his representatives except for minors and incompetents who may be assisted by their next of kin who are not lawyers

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Actions to annul judgment upon a compromise may be filed directly in court

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Disputes involving parties who are actual residents of barangay of different cities or municipalities are not wihin the jurisdiction of the barangay court

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The CJ directed all courts not to receive complaints in cases falling under the lupon

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Case can be immediately filed in court where other co defendants reside in barangays of different municipalities, cities and provinces

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The court has discretion to refer the case to the lupon although it may not fall within the authority of the lupon. Hwoever, referring the subject civil cases to lupon is saliently an unsound exercise of discretion considering that the matter falls within the rule f summary procedure. Summary procedure was promulgated for the purpose of achieving an expeditious and iexpensive determination of cases. The fact that unlawful detainer cases fall under summary procedure, speedy resolution thereof is deemed a matter of public policy.

Venue: 1. Disputes between persons actually residing in the same barangay 2. 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 respondens actually resides at the election of the complainant

3. All dispues involving real propert or any interest therein shall be brought in the barangay where the real property or the larger portion thereof is situated 4. Those arising in workplace where the contending parties are employed or at instiution where such parties are enrolle for study, shall be brough in the barangay where such workplace or institution is located 

Objections to venue shall be raised in the mediation proceedings before the PB, otherwise it shall be deemed waived



Legal qusions ma be brought by the PB by submitting to the SO or his rep whose ruling shall be binding.

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The venue of criminal actions place where respondent resides not the place of the commission of the crime.

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Lupon may not exercise authority outside its own barangay

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The proceedings in the barangay system are informal and are o be conducted without regard to the technical rules of procedure under the ROC.

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Conciliation is not jurisdictional. Lupon cannot decide a case. It is only vested with conciliation functions.

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For purposes of venue residence is actual or physical habitation or place of abode, which may not necessarily be his legal residence or domicle provided he resides within continuity and consistency.

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Referral for bgy conciliation applies only where real parties in interst actually reside in the same city or municipality.

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The requirement of actual residence pertains to real party in interest and not to attorney in fact.

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If the real party in interest Is not an actual resident of the bgy where the defendant herein respondent resides the local lupon has no jurisdiction over their dispute, hence, prior referral to it for conciliation is not a precondition to its filing in court

Real party in interest 

A party who stands to be benefited or injured by the judgment or ht eparty entitled to the avails of suit



The lupon shall have no jurisdiction over disputes where the paries are not actual residents of the same city or municipality except where the baranaay in which they actually adjoin each other.

Procedure for amicable settlement Who may initiate

–

Payment of fees,

– Any individual who has cause of action against another individual involving any matter within the authority –

Mediation by lupon chairman

Complaint may be in writing or oral

– Summon of respondent wih notice to the complaiant for them and their witnesses to appear before him –

If chair fails to mediate within 15 dys from first meeting

Suspension of prescriptive period of offenses

–

Interrupted upon the filing of the complaint

– Shall resume upon receipt by the complainant of the certificate of repudiation or certificate to file action –

Interruption shall not exceed 60 days from filing of complaint

Actions of pangkat

–

Hear both parties and their witnesses

–

Summons may be issued for personal appearance of parties

Disqualification of pangkat member

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Relationship, bias, interest, or other similar grounds-

–

Resolved by the affirmative vote of the majority of the pangkat

– Vacancy shall be filed [ either by choice of the parties or draw lots by the brgy chair]

Period to arrive at a settlement

–

15 days from the day it convenes

–

Extendible for another period which shall not exceed 15 days

Procedure: Cause of actionà payment of filing fees àsummon to respondent and witnesses à mediation by lupon chairman for 15 days à failure à constitution of pangkat àpangkat will convene 3 days from constitution à hear both parties and their witnesses àdecision 15 days from constitution à settlement or resolution 

All amicable settlement shall be in writing in a language or dialect known to the parties, signed by them and attested by the lupon or pangkat chair



At any stage of the proceedings, the parties may agree in writing to abide by the arbitration award. May be repudiated within 5 days from date thereof where consent is viaited by fraud, violence or intimidaton

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Award shall be made after the lapse of 5 days from date thereof

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Proceedings open to public except in the interst of privacy, decency or public morals

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Amicable settlement or arbitration award may be enforced by execution by the lupon 6 months from date of settlement. Thereafter, by action in the appropriate city

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Any party may repudiate the settlement within 10 days from date thereof where consent is viaited.

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Meeting at the office of brgy chair for possible settlement is substantial compliance with precondition for filing cases in court.

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Where one party fails to appear for no justifiable reason convening pangkat serves no useful purpose. à issue cert allowing complaint to bring controversy in court.

Re: prescription

Afflicitive penalties- 15 years Correctional penalty- 10 years XPN: arresto mayor- 5 years Libel- 1 year Oral defamation- 6 months Light offenses- 2 monts Compound- highest penalty as basis Special acts1 year- fine and imprisonment not more htan 1 month or both 4 years- more than 1 month but less than 2 years 8- 2 years or more but less than 6 years 12 years- 6 years or more except treason which shall prescribe after 20 years. Internal revenue cases- 5 years Actions t recover movables- 8 years from the time possession is lost, Real actions- 30 years Mortgage- 10 years

Not extinguished by prescription 1. Right to demand right of way 2. Abate nuisance Within 10 years from the time the right of action accrues: 1. Written contract 2. Obligation created by law 3. Upn a judgment 6 years 1. Oral contract 2. Quasi contract 4 years: 1. Inury to the rights of the plaintiff 2. Quasi delict 1 year: 1. Forcible entry and detainer 2. Defamation



All other actions not mentioned- must be brought within 5 years from the right of action accrues

Start of running prescription 1. Enforcement of obligations to pay principal with interest- date of last payment of annuity or interest 2. Actions to demand fulfillment of obligation- time the judgment became final 3. Actions to demand accounting- runs from the day the person who should render the same cease in their functions Form of settlement 

Should be in writing

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In a language or dialect known to the parties

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Signed by them

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Attested to by lupon chair or pangkat chair

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The minutes of bgy conciliation proceedings is a substantial compliance on amicable settlement

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No complaint, petition, action or proceeding involving any matter within the authority of the lupon shall be filed or instituted directly in court- unless there has been a confrontation between the parties before the lupon or pangkat

When can parties go directly to court: 1. Where the parties is under detention 2. Where a person has been deprived of personal liberty calling for habeas corpus proceedings 3. Where actions are couled with provisional remedies 4. Where the action otherwise may be barred by stattue of limiationt



Conciliation proceeding is not a jurisdictional requirement and non compliance therewith cannot affect the jurisdiction which the lower court had already acquired over the subject matter and the parties therein

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Conciliation procedure is not a jurisdictional requirement in the sense that failure to have prior recourse to such procedure would not deprive a court of its jurisdiction over the subject matter or over the person of the defendant

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Cases under revised rules on summary procedure, where no showing of compliance wih conciliation shall be dismissed without prejudice

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The effect of failure to comply with conciliation procedure has the same effect as non exhaustion of admin remedies.

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Conciliation process is a condition precendet for filing complaint in court

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Confrontation between parties is compulsory under the KPB.

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Refusal or failure to appear before the lupon or pangkat satisfied conciliation requirement of KPB.

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The willful refusal or failure to appear on the part of respondent is sufficient basis for the complainant present to be given a cert to file action. The issuance of cert to file action means that the complainat may already bring his case to he court or other government office for adjudication.



Non compliance of the same could affect the sufficiency of the cause of action and make the complainat vulnerable to dismissal on the ground of lack of cause of action or prematurity.

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Court can tke cognizance of case when party did not object to lack of conciliation during hearing.

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A detainer suit is premature if it fails to exhaust all administrative remedies, such as KPB conciliation.

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The barangay authorities must be presumed to have performed their official duties and to have acted regularly in issuing the cert to file action.

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The defense on failure to comply with conciliation process must be raised at the first available opportunity.

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The failure to allege fact of non compliance with conciliation procedure constitutes a waiver.

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Court can motu proprio dismiss case for failure to comply with bgy conciliation, ground not those mentioned which trial court may dismiss on its own initiative.

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The certification to file action need not be formally offered in evidence when deemed admitted in the answer

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Suit between family relations shall not prosper unless earnest efforts toward a compromise have been made

What constitutes family relations: 1. Between husband and wife 2. Between parents and children 3. Among other ascendants and descendants 4. Among brothers and sisters Not subject to KPB 1. Civil status of persons 2. Validity of a marriage or legal separation 3. Any ground of legal separation 4. Future support 5. Jurisdiction of courts 6. Future legitime 

The dismissal of the complaint for reinstatement as tenant of landholding for not having passed the lipon is a procedural technicality.

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All proceedings for settlement shall be public and informal. Hwoever, the public may be excluded.

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When private respondent sated that he was never summoned or subpoenaed by the brgy chair, he is in effect stating that since he was never summoned, he could not appear in person for the needed confrontation of the parties before the lupon chair. Without mandatory personal confrontation, no complaint could be filed with the MTC.



The amicable settlement and arbitration award shall have the force and effect of a final udgment of court upon the expiration of 10 days from the date thereof 



Shall not be applicable to court cases settled by the lupon in which case the compromise settlement agreed upon by the parties before the lupon shal be submitted to court

The amicable settlement or award may be enfored by execution by the lupon within 6 months from the date of the settlement. After such time, the settlement may be enforced by action in appropriate city or municipal court.

Procedure of execution Payment of money

Party 5 days to make payment à PB will take possession of sufficient personal property located in the barangay à sale à if sufficient personal property exists, the party is allowed to point out which of them shall be taken possession of. If insufficient, the deficiency shall be satisfied according to ROC

Delivery or restitution of property located

PB shall oust person

Delivery of property located in another bgy

PB issuing notice shall authorize the PB where the bgy is situated to take possession of the property

Conveyance of land

If there is failure, PB may direct lupon sec to perform the act at the cost of the disobedient party



Any party to the dispute may within 10 days from date of settlement repudiate by filing with the lupon chair a settlement to that effect sworn to before him, where the consent is viated by fraud, violence or intimidation. Such repudiation shall be sufficient basis for the issuance of the cert for filing complaint.



Sec shall transmit the settlement or arbi award to court within 5 days from the date of the award or from the lapse of 10 day period repudiating the settlement 



Copies shall be furnished to the parties

Who can administer oaths 

PB as chair of lupon



Members of the pangkat 

Only to matters relating to all proceedings in the implementation of PB.



The object of the KPB is to effect an amicable settlement of disputes among family and barangay members at the barangay level without judicial recourse and consequently help relieve the courts of docket congestion.

KP vs Pre trial Katarungang pambarangay

Pre trial

Lawyers are not allowed

Lawyers are allowed



Objectons to venue shall be raised in the mediation proceedings before the punong barangay, otherwise the same shall be deemed waived. Any legal question which may confront the punong barangay in resolving objectiosn to venue herein referred to may be submitted to the SOJ or his duly designated rep, whose ruling shall be binding.



The amicable settlement or arbitration award may be enforced by execution by lupon within 6 months from date of settlement. After the lapse of such time, the settlement may be enforced by action in the appropriate city or municipal court. If the award does not exceed 200k, it may be enforced under small claims.