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KP Law

The document discusses key aspects of Katarungang Pambarangay or community mediation in the Philippines according to the Local Government Code. It outlines the composition and selection process for the Lupong Tagapamayapa or mediation panel. It also lists 12 exceptions where disputes cannot be submitted to community mediation, including those involving the government, real estate in different locations, corporations, or labor issues. Mediation is limited to disputes between private individuals residing in the same city or municipality.

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Jessie Ancog
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75 views3 pages

KP Law

The document discusses key aspects of Katarungang Pambarangay or community mediation in the Philippines according to the Local Government Code. It outlines the composition and selection process for the Lupong Tagapamayapa or mediation panel. It also lists 12 exceptions where disputes cannot be submitted to community mediation, including those involving the government, real estate in different locations, corporations, or labor issues. Mediation is limited to disputes between private individuals residing in the same city or municipality.

Uploaded by

Jessie Ancog
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Katarungang Pambarangay

R.A. 7610 LGC as amended

SECTION 399. Lupong Tagapamayapa. –

(a) There is hereby created in each barangay a lupong tagapa-


mayapa, hereinafter referred to as the lupon, composed of the punong
barangay, as chairman and ten (10) to twenty (20) members. The lupon
shall be constituted every three (3) years in the manner provided herein.

SECTION 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,
hereinafter referred to as the pangkat, consisting of three (3) members who
shall be chosen by the parties to the dispute from the list of members of the
lupon.

Should the parties fail to agree on the pangkat membership, the


same shall be determined by lots drawn by the lupon chairman.

SECTION 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:

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. Where the 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;

4. Any complaint by or against corporations, partnership or juridical entities,


since only individuals shall be parties to Barangay conciliation proceedings
either as complainants or respondents (Sec. 1, Rule VI, Katarungang Pam-
barangay Rules);

5. 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 settle-
ment by an appropriate Lupon;

6. Offenses for which the law prescribes a maximum penalty of imprison-


ment exceeding one (1) year or a fine over five thousand pesos
(P5,000.00);

7. Offenses where there is no private offended party;

8. Disputes where urgent legal action is necessary to prevent injustice from


being committed or further continued, specifically the following:

a. Criminal cases where accused is under police custody or detention


(see Sec. 412 (b) (1), Revised Katarungang Pambarangay Law);

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 in-


junction, 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 rela-
tions (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 di-
rectly in court (See Sanchez vs. Tupaz, 158 SCRA 459).

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