Escolar Documentos
Profissional Documentos
Cultura Documentos
KATARUNGANG PAMBARANGGAY
(Part I of IX)
Purpose:
1. To force the parties to settle the case out of court or amicably.
Testate
I.
Katarungang Pambarangay
A. Local Government Code (Secs. 399-422)
Sec. 399. Lupong Tagapamayapa. - (a) There is hereby created in each barangay a lupong
tagapamayapa, xxx.
xxx
(f) In barangays where majority of the inhabitants are members of indigenous cultural
communities, local systems of settling disputes through their councils of datus or elders shall
be recognized without prejudice to the applicable provisions of this Code.
Sec. 400. Oath and Term of Office. - xxx.
Sec. 401. Vacancies. - xxx.
Sec. 402. Functions of the Lupon. - xxx
Sec. 403. Secretary of the Lupon. - xxx
Sec. 404. Pangkat ng Tagapagkasundo. - (a) There shall be constituted for each dispute
brought before the lupon a conciliation panel to be known as the pangkat ng tagapagkasundo,
xxx.
Sec. 405. Vacancies in the Pangkat. - xxx
Sec. 406. Character of Office and Service of Lupon Members. - xxx
Sec. 407. Legal Advice on Matters Involving Questions of Law. - The provincial, city legal
officer or prosecutor or the municipal legal officer shall render legal advice on matters involving
questions of law to the punong barangay or any lupon or pangkat member whenever necessary
in the exercise of his functions in the administration of the katarungang pambarangay.
Sec. 408. Subject Matter for Amicable Settlement; Exception Thereto. - 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 except:
xxx (compiled by SC AC 14-93)
Sec. 409. 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 complainant.
(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; otherwise, the same shall be deemed waived. Any
legal question which may confront the punong barangay in resolving objections to venue herein
referred to may be submitted to the Secretary of Justice, or his duly designated representative,
whose ruling thereon shall be binding.
Rules on Venue
.1 living in the same barangay said barangay
.2 living in the different barangays within the same city or municipality barangay where the/a
respondent resides, at the option of the complainant
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.3 involving real property or any interest therein where the real property or the larger portion thereof
is situated
.4 arising at the workplace or at the educational institution where such workplace or institution is
located
Sec. 410. Procedure for Amicable Settlement. - (a) Who may initiate proceeding - Upon
payment of the appropriate filing fee, any individual who has a cause of action against another
individual involving any matter within the authority of the lupon may complain, orally or in
writing, to the lupon chairman of the barangay.
(b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon chairman 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 for a mediation of their conflicting interests. If he
fails in his mediation effort within fifteen (15) days from the first meeting of the parties before
him, he shall forthwith set a date for the constitution of the pangkat in accordance with the
provisions of this Chapter.
(c) Suspension of prescriptive period of offenses - 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
prescriptive periods shall resume upon receipt by the complainant of the complaint or the
certificate of repudiation or of the certification to file action issued by the lupon or pangkat
secretary: Provided, however, That such interruption shall not exceed sixty (60) days from the
filing of the complaint with the punong barangay.
(d) Issuance of summons; hearing; grounds for disqualification - The pangkat shall convene
not later than three (3) days from its constitution, on the day and hour set by the lupon
chairman, to hear both parties and their witnesses, simplify issues, and explore all possibilities
for amicable settlement. For this purpose, the pangkat may issue summons for the personal
appearance of parties and witnesses before it. In the event that a party moves to disqualify any
member of the pangkat by reason of relationship, bias, interest, or any other similar grounds
discovered after the constitution of the pangkat, 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 resulting vacancy shall be filled as herein provided for.
(e) Period to arrive at a settlement - The pangkat shall arrive at a settlement or resolution of
the dispute within fifteen (15) days from the day it convenes in accordance with this section.
This period shall, at the discretion of the pangkat, be extendible for another period which shall
not exceed fifteen (15) days, except in clearly meritorious cases.
***Procedure for Amicable Settlement***
.1 Complaint (need not be in writing) with filing fee to the lupon chairman of the barangay (interrupts
prescription for at most 60 days) example: simple defamation. Beyond 60 days and no settlement,
it starts the running of the prescription. File to the fiscal.
.2 lupon chairman shall within the next working day summon the respondents, with notice to the
complainants for them and their witnesses(?) to appear before him for a mediation
.3 if there is failure to mediate (act as intermediary) within 15 days from the first meeting, pangkat is
constituted.
.4 pangkat convenes not later than 3 days from constitution, may issue summons
.5 In the event that a party moves to disqualify any member of the pangkat on a ground discovered
after the constitution, 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 resulting
vacancy shall be filled.
.6 The pangkat shall arrive at a settlement or resolution of the dispute within 15 days from the day it
convenes, extendible for at most 15 days; may be extended further only in clearly meritorious
cases.
.7 The prescriptive periods shall resume
.a upon receipt by the complainant of
)1
the complaint
)2
)3
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expiration of ten (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.
However, this provision shall not apply to court cases settled by the lupon under the last
paragraph of Section 408 of this Code (non-criminal cases not within the lupons authority referred by
a court), in which case the compromise settlement agreed upon by the parties before the lupon
chairman or the pangkat chairman shall be submitted to the court and upon approval thereof,
have the force and effect of a judgment of said court.
Sec. 417. Execution. - The amicable settlement or arbitration award may be enforced by
execution by the lupon within six (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.
***Execution of an amicable settlement or arbitration award in KB***
.1 by motion by the lupon within 6 months from date of settlement
.2 by action before the inferior courts after 6 months from date of settlement
Sec. 418. Repudiation. - Any party to the dispute may, within ten (10) days from the date of
the settlement, repudiate the same by filing with the lupon chairman 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 as
hereinabove provided.
Grounds for repudiation of settlement: consent vitiated by fraud, violence, or intimidation
Sec. 419. Transmittal of Settlement and Arbitration Award to the Court. - The secretary of the
lupon shall transmit the settlement or the arbitration award to the appropriate city or municipal
court within five (5) days from the date of the award or from the lapse of the ten-day period
repudiating the settlement and shall furnish copies thereof to each of the parties to the
settlement and the lupon chairman.
Sec. 420. Power to Administer Oaths. - The punong barangay, as chairman of the lupong
tagapamayapa, and the members of the pangkat are hereby authorized to administer oaths in
connection with any matter relating to all proceedings in the implementation of the katarungang
pambarangay.
Sec. 421. Administration; Rules and Regulations. - xxx.
Sec. 422. Appropriations. - xxx
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b. Petitions for habeas corpus by a person illegally deprived of his rightful custody
over another or a person illegally deprived or on acting in his behalf;
c. Actions coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support during the pendency of the action;
and
d. 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) (Sec.
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
(See Sanchez vs. Tupaz, 158 SCRA 459).
Exceptions to Barangay Conciliation
***When prior recourse to Barangay conciliation is not a pre-condition before filing a complaint in court
or any government offices*** (MEMORIZE!)
.1 one party is the government, or any subdivision or instrumentality thereof; (ratio: delaying the
government service)
.2 one party is a public officer or employee, and the dispute relates to the performance of his official
functions; (one cannot compromise the performance government function)
.3 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;
.11
.12
.14
.15
Escolin: Cases for legal separation should be among the exceptions. It was an oversight.
II. Under the provisions of R.A. 7160 on Katarungang Pambarangay conciliation, as
implemented by the Katarungang Pambarangay Rules and Regulations promulgated by the
Secretary of Justice, the certification for filing a complaint in court or any government office
shall be issued by Barangay authorities only upon compliance with the following requirements:
1. Issued by the Lupon Secretary and attested by the Lupon Chairman (Punong
Barangay), certifying that a confrontation of the parties has taken place and that a
conciliation settlement has been reached, but the same has been subsequently repudiated
(Sec. 412, Revised Katarungang Pambarangay Law; Sec. 2[h], Rule III, Katarungang
Pambarangay Rules);
2. Issued by the Pangkat Secretary and attested by the Pangkat Chairman, certifying that:
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the dispute involves members of the same indigenous cultural community, which shall be
settled in accordance with the customs and traditions of that particular cultural community, or
)2
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,
and
.b there has been no settlement as certified by the datu or tribal leader or elder to the Punong
Barangay of place of settlement; and
The Punong Barangay shall not issue the certification to file action, but should constitute
the pangkat in the following cases:
.1 If mediation or conciliation efforts before the Punong Barangay proved unsuccessful, there having
been no agreement to arbitrate, or
.2 where the respondent fails to appear at the mediation proceeding before the Punong Barangay,
III. xxx
IV. A case filed in court without compliance with prior Barangay conciliation which is a precondition for formal adjudication xxx may be dismissed upon motion of defendant/s, not for
lack of jurisdiction of the court but for failure to state a cause of action or prematurity xxx, or
the court may suspend proceedings upon petition of any party under Sec. 1, Rule 21 of the
Rules of Court; and refer the case motu proprio to the appropriate Barangay authority, applying
by analogy Sec. 408 [g], 2nd par., of the Revised Katarungang Pambarangay Law which reads as
follows:
"The court in which non-criminal cases not falling within the authority of the Lupon under
this Code are filed may at any time before trial, motu proprio refer case to the Lupon concerned
for amicable settlement.
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***Options where a case is filed in court without the required prior Barangay
conciliation***
.1 dismissal upon motion of defendant on failure to state a cause of action or prematurity (they
bypassed the lupon and the right has not been violated yet.
.2 suspension of proceedings upon petition of any party
Cases falling within the jurisdiction of RTC must also be coursed first to the barangay court in
cases mentioned by law cognizable by the Lupon.
Candido v. Macapagal, 221 SCRA 328 (1993)
Where the complaint does not state that it is one of the excepted cases, ot it does not have
certification that no conciliation process, or it does have certification that no conciliation or
settlement had been reached by the parties, the case could be dismissed on motion.
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FACTS: Domingo Ramos authorized his brother Manuel to sell his share of lands owned by them in
common with their other brothers and sisters. Manuel did. Later, Domingo revoked the power of
attorney and demanded an accounting from Manuel. Manuel refused. Domingo then filed a complaint
with the Punong Barangay of Pampanga, Buhangin District, Davao City. Manuel appeared but Domingo
did not on the schedule hearing by the Punong Bgy. Domingo was represented, however, by his wife
who said her husband wanted to avoid a direct confrontation with his brother. She requested that the
Punong Bgy issue a certification that no settlement had been reached so a complaint could be filed in
court. The Punong Bgy complied. Thereupon, Domingo sued Manuel in the RTC Davao, also for
accounting, in Civil Case No. 18560-87.
Manuel moved to dismiss the complaint on the ground of non-compliance with the requirements of
PD1508. He cited the failure of the Punong Bgy to refer the dispute to the Pangkat ng Tagapagkasundo
after the unsuccessful mediation proceedings convened by him. The motion was denied. Manuel then
filed with this Court a petition for certiorari which we referred to the CA. CA denied the petition. It held
that there was no need for such referral because Domingo had clearly indicated, by his refusal to
appear before the Punong Bgy, that no extrajudicial settlement was possible between him and his
brother. Manuel is now before us to question this decision.
HELD: The dispute should not have ended with the mediation proceedings before the Punong
Barangay because of his failure to effect a settlement. It was not for the Punong Barangay to say that
referral to the Pangkat was no longer necessary merely because he himself had failed to work out an
agreement between the parties. The Pangkat could have exerted more efforts and succeeded (where
he had not) in resolving the dispute. If the complainant refuses to appear before the Punong Barangay,
he is barred from seeking judicial recourse for the same course of action. The parties must appear in
person without assistance of counsel, except minors and incompetents
The Punong Barangay could in fact have even issued summons to compel the attendance of
Domingo Ramos, who was the complainant himself in the mediation hearing. It seems the
Punong Barangay had not tried hard enough. In any event, the certification he issued was
certainly premature and did not authorize immediate recourse to judicial action.
Private respondent is now barred from seeking judicial recourse for the same cause of action
because he is the party who did not appear to support his own complaint before the PB.
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Where, however, the defendant in an action fails for one reason or another to respond to
a notice to appear before the Lupon, the requirement of P.D. No. 1508 must be regarded
as having been satisfied by the plaintiff. A defendant cannot be allowed to frustrate the
requirements of the statute by her own refusal or failure to appear before the Lupon and then
later to assail a judgment rendered in such action by setting up the very ground of noncompliance with P.D. No. 1508. In simplest terms, a defendant cannot be allowed to profit by her
own default.
Uy v. Contreras, 237 SCRA 167 (1994):
Petition for Certiorari under Rule65 for the order of Judge Contreras denying the petitioners MtD crim
cases for slight physical injuries. MtD is based on the failure of the private respondents, as offended
parties therein, to comply with PD1508 and sec18 of 1991 Revised Rule on Summary Procedure
requiring referral of disputes to the Lupong Tagapamayapa of the proper bgy.
FACTS: Petitioner Felicidad Uy subleased from respondent Susanna Atayde the other half of the 2 nd
floor of a building in Makati. Uy operated and maintained a beauty parlor. Sublease contract expired
but Uy was not able to remove all her movable properties.
An argument arose between Uy and Atayde when the former sought to withdraw from the subleased
premises her remaining movable properties. The argument degenerated into a scuffle between Uy and
Atayde and several of Ataydes employees.
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10
After having themselves medically examined, private respondents filed a complaint with the bgy capt of
Valenzuela, Makati. Confrontation was scheduled on 28apr93 and on that day, only the petitioner
appeared. The bgy capt reset the confrontation to 26may93.
On 11may93, the Ofc of the Provincial Prosecutor filed 2 infos for SPI against petitioner with the Makati
MTC. Respondent judge ordered the petitioner to submit her counter-affidavit and those of her
witnesses. Petitioner submitted the required counter-affidavit wherein she alleged the prematurity of
the filing of the crim cases for failure to undergo conciliation proceedings as she and private
respondents are residents of Manila. She also attached a certification by the bgy capt of Valenzuela,
Makati that there was an ongoing conciliation between Atayde and Uy.
Petitioner filed MtD crim cases for non-compliance with PD1508. Judge Contreras denied MtD. Judge
Contreras held that MtD to be without sufficient merit since the offense subject to these cases occurred
in Makati; that bgy Valenzuela had started the conciliation proceedings between the parties but as of
18may93 nothing has been achieved; that the cases were filed directly with the MTC by the public
prosecutor on 11may93; and the accused and her witnesses had already filed their counter-affidavits
and docs. At this stage of the proceedings, the court believes that the accused had already waived the
right to a reconciliation proceeding before the bgy of Valenzuela considering that the accused and
complainant are residents of different bgys; that the offense charged occurred in Makati; and finally this
offense is about to prescribe. MfR for the order was denied. Hence the special civil action for certiorari.
HELD: Conciliation process at the Barangay level is a condition precedent for the filing of a complaint in
Court. Non-compliance with that condition precedent could effect the sufficiency of the plaintiff's cause
of action and make his complaint vulnerable to dismissal on the ground of lack of cause of action or
prematurity. Pending the first mediation, no case could be validly filed with the courts. Filing of
complaint with the lupon suspends the prescriptive period for 60 days at most.
Rogie: Filing a complaint with the lupon signifies that you want to conciliate or mediate. Since filing a
case in court would signify that you want to litigate and not mediate. Therefore the conciliation should
be finished before one can file a case in court.
Escolin: Labor cases are exempt from Barangay Conciliation proceedings because the labor court has
its own experts at arriving at an amicable settlement.
Gegare v. CA, 177 SCRA 471 (1989)
this case involves a small piece of land. The decision was to cut it into 2 between the parties.
Petitioner wants the whole lot while the private respondent if happy with his half.
FACTS: a 270sq.mtr lot situated in GenSan was titled in the name of Paulino Elma. A reversion case
was filed by the Republic against Paulino and the lot was reverted to the mass of public domain subject
to disposition and giving preferential right to its actual occupant, Napoleon Gegare. Both petitioner and
private respondent filed an application for the lot in the Board of Liquidators (Board). Board resoleved
to dispose the lot in favor of petitioner by way of a negotiated sale. Private respondent protested
against the application of petitioned, then Board denied the said protest. A request for recon of private
respondent was referred by the Board to Artemio Garlit, liquidator-designee, GenSan Branch for
verification and investigation. After which, Garlit submitted a report to the Manila Ofc recommending
division of the lot to the parties. Nevertheless, the Board denied the protest because the case had
already been decided by the court.
However, a MfR filed by private respondent was favorably considered by the Board. Board directed the
chief of LASEDECO to investigate the occupancy and area of the lot. Findings were that only private
respondent was the actual occupant so the LASEDECO chief recommended the division of the
property.
Both parties appealed to the Ofc of the President but both appeals were dismiss. A MfR filed by
petitioner was denied on 29may84
Private respondent paid for the value of of the lot and applied for the issuance of a patent. Patent
was issued to portion of the lot. Petitioner was also adviced to file his application and pay his
portion.
Petitioner filed an action for Annulment and Cancellation of Partition and/or to Declare them Null and
Void against private respondent and the Board.
Private respondent filed MtD the complaint on the grounds et al (5) lack of conciliation efforts
pursuant to sec6 PD1508. The motion was granted.
Petitioner MfR thereof to which an opposition was filed by private respondent. MfR was granted and
private respondent was required to file his responsive pleading. Private respondent filed his answer.
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11
On 24jul86, private respondent asked for a prelim hearing of the grounds for the MtD in his affirmative
defenses. This was denied.
Private respondent filed a petition for certiorari and prohibition in the CA questioning the said orders of
the trial court. CA granted the petition, declaring the questioned orders null and void, and directing the
trial court to dismiss the civil case for lack of jurisdiction. MfR filed by petitioner was denied. Thus, the
herein petition.
HELD: Where the case involves residents of the same barangay, it must comply with conciliation
proceedings even if a government instrumentality is one of the defendants. If the other only adverse
party is the government or its instrumentality or subdivision, the case falls within the exception. But
when the government instrumentality is only one of multiple adverse parties, a confrontation
should still be undertaken among the other parties.