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Katarungang PAMBARANGAY
Pambarangay o Prepared by the Punong Barangay
within 15 days of the start of his
Governing Law term.
o Posted in 3 conspicuous places in
the barangay continuously for a
Significant Changes period of not less than 3 weeks.
PD 1508 LGC 1991 The appointment
Authority of 30 DAYS 1 YEAR o When here is no opposition and
Lupon for Php200.00 Php5,000.00 after considering
Criminal recommendations, within 10 days
offenses after the period of posting, the PB
Venue None workplace or shall appoint the members.
educational Functions of the Lupon
institutions o Exercise administrative supervision
shall be filed in over the conciliation panels to be
the barangay created
where such is o Meet regularly once a month for a
located forum of exchange
ISSUE:
Whether the conciliation process at the barangay
level, prescribed by PD 1508 as a precondition for
filing a complaint in court, is also compulsory for
actions cognizable by the RTC.
HELD:
Thus, except in the instances enumerated in
Secs. 2 and 6 of the law, the Lupon has the
authority to settle amicably all types of disputes
involving parties who actually reside in the same
city or municipality.
The law makes no distinction whatsoever with
respect to the classes of civil disputes that should
be compromised at the barangay level. Where the
law does not distinguish, we should not
distinguish.
All proceedings for settlement shall be public and Effect of Amicable Settlement and Arbitration
informal Award
The amicable settlement and arbitration award
Appearance of Parties in Person shall have the force and effect of a final
In all katarungang pambarangay proceedings, the judgment of a court upon the expiration of ten
parties must appear in person without the (10) days from the date thereof,
assistance of counsel or representative, unless
except for minors and incompetents who may ■ repudiation of the settlement has been
be assisted by their next-of-kin who are not made or
lawyers. (SECTION 415) ■ a petition to nullify the award has been filed
before the proper city or municipal court.
Atty. Magno v Atty Jacoba However, this provision shall not apply to court
AC No. 6296, Nov 22, 2005 cases settled by the lupon under the last
The “atty vs atty” Case paragraph of Section 408 of this Code, in which
case the compromise or the pangkat chairman
FACTS: Atty. Magno charged Atty. Jacoba w/ shall be submitted to the court and upon approval
willful violation of the Sec. 415 of the LGC of 1991 thereof, have the force and effect of a judgment of
& Canon 4 of the CPR as the latter allegedly acted said court. (SECTION 416)
as the Lawyer of Lorenzo Inos for land dispute
Atty. Magno was the niece of Lorenzo Inos & they
had a disagreement over landscaping contract Quiros v Arjona
they entered into w/c was brought before the GR 158901, March 9, 2004
Brgy. Captain of San Pascual, Talavera, Nueva The “wala nagkasinabot sa property” Case
Ecija
At the Brgy. Conciliation: Atty. Jacoba clothed w/ FACTS: Petitioners filed a case for recovery of
SPA from Inos appeared for the latter ownership and possession. The parties reached
a settlement entitled PAKNAAN, however, The amicable settlement or arbitration award may
Petitioner failed to include a written document be enforced by execution by the lupon within six
describing the property. Petitioners tried to apply (6) months from the date of the settlement. After
for a writ of execution however it was denied, the lapse of such time, the settlement may be
hence, this petition. enforced by action in the appropriate city or
municipal court. (SECTION 417)
ISSUE: WON the amicable settlement attains the
status of finality where there is no repuditation.
Vidal v Escueta
HELD: Yes, but there are exemptions, case at bar. GR 156228, Dec. 10, 2003
Petition denied. The “Execution” Case
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,
University of Cebu
School of Law
A Guide to
The Katarungang Pambarangay Law
April 4, 2019