KATARUNGANG

PAMBARANGAY
(Barangay Justice System)
LECTURE PREPARED BY: ATTY. DEARKYLE ANICEE GALVEZ-TAQUED
 HISTORY

Like most traditional community systems in other countries, the origins of the Katarungang
Pambarangay are rather uncertain; yet, for centuries, elders from neutral barangays served as
mediators of conflicts arising between members of different barangays. (1)
This process was simple, perhaps crude, but it was more efficient than taking the conflict to
court. In addition, the decision makers in the process were individuals who knew the customs
of the people better than robed judges. (2)
The current official Katarungang Pambarangay system is based upon these time-honored
traditions of amicably settling disputes among family and barangay members without court
involvement.

(1)LOPEz, supra note 4, at 2.

(2) Id.
Presidential Decree 1293
 Created by President Ferdinand E. Marcos on January 27, 1978;
 The Commission was charged with the responsibility of instituting a dispute resolution system, at the barangay level, which did
not involve the courts;
 Headed by then Supreme Court Justice Fred Ruiz Castro who issued Administrative Order No. 12 appointing the leader and
members of the technical committee who were tasked:
(1) to study and formulate a system or systems of resolving disputes among family and barangay members, as well as
among persons belonging to different barangays at the barangay level without the intervention of lawyers and the courts;
(2) to determine the different categories of disputes that may be settled under the system or systems; and
(3) to formulate and recommend policies, rules and regulations, and procedural guidelines that will be followed in the
settlement of such disputes.
 Presidential Decree 1508
On June 11, 1978, President Marcos signed the innovative proposal into law as Presidential Decree 1508,
otherwise known as the Katarungang Pambarangay Law.
The law took effect on December 30, 1978 and this was the law that organized, established and
institutionalized a formal system of amicable settlement of disputes at the barangay level. (3)
its real intent was to give full recognition to the historical fact that peaceful settlement of disputes among
the family and barangay members without going to the courts is a time- honoured tradition in the Philippines
and is at the root of a Filipino culture. (4)

Republic Act No. 7160, Local Government Code

Effectively repealed PD 1508

(3) A guide to Katarungang Pambarangay System by Atty.

Gregorio Austral
(4) Id.
 What is Katarungang Pambarangay?

 Chapter VII of the Local Government Code defines and creates Katarungang
Pambarangay.

Katarungang Pambarangay is a system that provides a way for members of a barangay (or

barangays within the same municipality or city, or adjacent Barangays but from different
municipalities/cities) to settle their disputes through mediation, conciliation and arbitration
without resorting to the formal justice system. (1)

(1) Understanding the Katarungang Pambarangay Justice at the

Grassroots (2009) Baracca, et. al. UP Law
 INFORMAL JUSTICE SYSTEM

In the Philippines, there are two recognized informal Justice System: one is the Katarungang
Pambarangay and the other one is the reconciliation mechanisms of its indigenous cultural
communities.
They are a product of the past, as they are the prevalence of informal justice systems in these
regions are rooted in both patterned after, if not reproductions, of traditional means of dispute
settlement. The KP, for instance, recognizes traditional modes of disputes resolution borne out of
time-honored traditions of pakikisama(community-spirit), utang na loob (debt of gratitude) and
kinship.

Source : Understanding the Katarungang Pambarangay Justice at

the Grassroots (2009) Baracca, et. al. UP Law
Advantages

1. EASY ACCESS FOR PARTIES;

2. SIMPLIER LANGUAGE USED;
3. MORE COMPREHENSIBLE PROCESS;
4. FASTER THAN COURT PROCEEDINGS;
5. DECONGESTING COURT’S DOCKETS;
6. ATTITUDE CHANGE; and
7. PROVIDE JUSTICE TO THE LESS FORTUNATE.
Functions of Lupon

1. Exercise administrative supervision over the conciliation panels

2. Meet regularly once a month to provide 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 dispute; and

3. Exercise such other powers and perform such other duties and functions as may be
prescribed by law or ordinance.
 MEMBERS OF LUPON TAGAPAMAYAPA

The Lupong Tagapamayapa is composed of the punong barangay as the chairman and not less
than ten (10) nor more than twenty (20) members selected every three (3) years from
among the barangay residents or persons working in the barangay not otherwise disqualified
by law. 

Source: Local Government Code

Powers and duties of the punong barangay in the
constitution of Lupon:

1.Determinethe actual number of members that will constitute the Lupon;

2.Prepare a notice to constitute the Lupon;
3.Post the notice to constitute the Lupon;
4.Appoint the members of the Lupon;
5.Swear the appointees into office;
6.Post the list of the appointed members;
7.Appoint any qualified person to any vacancy that may thereafter occur in the Lupon for any cause;
8.Withdraw the appointment of any Lupon member;
9.Set the date, time and place of and preside over the meetings of the Lupon;
10.Prepare the agenda for each meeting.
 Constituting of Lupon: An Overview

Notice Posting Appointment Oath of Office Posting

CONSTITUTING OF THE LUPON
(PROCESS)

The punong barangay as lupon chairman shall:

1.  Determine, with 15 days from the start of his term, the actual number of members (not less
than 10 nor more than 20) that will constitute the lupon and take into consideration the
barangay population and the volume of disputes previously brought for conciliation in his
barangay;

2.  Prepare a notice to constitute the lupon within the above mentioned period, which shall
include the names of proposed members who are residing or working in the barangay, not
otherwise expressly disqualified by law
CONSTITUTING OF THE LUPON
(PROCESS)

3.  Post said notice in three (3) conspicuous places within the barangay for a period or not less
than three (3) weeks.

4.  Appoint not less than 10 nor more than 20 suitable persons as lupon members from the list
of names contained in the notice within 10 days from the last day of posting, after considering
endorsements of or opposition to the proposed appointees and recommendations for the
appointment of other persons not included in the list.  He shall likewise appoint immediately
a qualified person to any vacancy that may thereafter occur in the lupon for any cause.
CONSTITUTING OF THE LUPON
(PROCESS)

5. Swear the appointees into office, sign their appointment papers, and have them attested to
by the barangay secretary.

6.  Post the list of appointed lupon members in three (3) conspicuous places in the barangay
for the entire duration of their terms of office.

7.  Withdraw the appointment of any lupon member for justifiable cause with concurrence of
a majority of all members.
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.

Section 420, LGC

After taking the oath of office, the
list of Lupon Members shall be
posted in a conspicuous/strategic
place in the Barangay
WITHDRAWAL of APPOINTMENT

1.Punong barangay shall notify the member whose appointment he intends to withdraw;

2.Hearing will be conducted by the Lupon;
3.The punong barangay, with the concurrence of a majority of all the members of the Lupon.

Grounds: incapacity to discharge the duties of his office or unsuitability.

WITHDRAWAL FORM
VACANCY IN THE LUPON

The punong barangay shall appoint a suitable person who shall serve the unexpired term
of office of the replaced member upon learning of:
1. Death
2.Transfer of residence
3. Transfer of place of work
4. Acceptance of his resignation

The appointed member shall hold office only for the unexpired portion of the term.
 Permanent vacancy in the office of the
Chairman of the Lupon

 Rule of Succession applies.

The highest ranking sangguniang barangay member or The second highest ranking sangguniangbarangay member

,if the first is unable toperform his duties, shall become the chairmanof the Lupon.
Temporary vacancy in the office of the
chairman of the Lupon

The highest ranking sangguniang barangay member shall exercise the powers and perform the duties of the
chairman for physical reason such as, but not limited to:
 Leave of absence

 Travel abroad

 Suspension from office-

When the punong barangay is travelling within the country but outside his territorial jurisdiction for a period
not exceeding 3 days, he may designate in writing the OIC of the office of the Lupong Tagapamayapa
In failure to do so, the highest sangguniang barangay member shall have the right to assume
the powers, duties, and functions of said office on the 4th day of absence, except the
power to appoint, suspend or dismiss employees-

The punong barangay shall only authorize the highest ranking sangguniang barangay member
 The lupon members, while in the performance
of their official duties or on the occasion
thereof, shall be deemed as
 PERSONS in AUTHORITY

Section 406 (a), LGC

Compensation

Members of the Lupon shall serve without compensation
But, they shall receive honoraria, allowances, and such other emoluments as may be authorized by
law or barangay, municipal or city ordinance
Section 406 (b), LGC

COMMISSION ON HIGHER EDUCATION (CHED) ORDER 62 SERIES OF 1997

 TWO DAUGHTERS OR SONS OF A LUPON MEMBER ARE QUALIFIED TO BECOME A STATE SCHOLAR IN
TERTIARY EDUCATION TO ANY STATE COLLEGES OR UNIVERSITIES
Qualification of Members

1. An actual residence or place of work in the barangay

2. Must not be expressly disqualified by law to hold public office;
3. Must possess personal characteristics that indicate his suitability for the task of conciliation of disputes; and
4. Must not be an elective official during the constitution of Lupon

QUALITIES TO BE CONSIDERED:
INTEGRITY,
IMPARTIALITY,
INDEPENDENCE,
FAIRNESS,
REPUTATION FOR PROBITY
PATIENCE,
RESOURCEFULNESS,
OPEN-MINDEDNESS
FLEXIBILITY
Disqualification of Members

 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
FAILURE TO CONSTITUTE A LUPON

PUNONG BARANGAY CAN BE

CHARGED OF NEGLECT OF DUTY
AND BE SUBJECTED TO
ADMINISTRATIVE SANCTIONS.
Secretary of the Lupon

The barangay secretary shall concurrently serve as the secretary of the lupon.

The following are secretary’s functions:

1. Record the results of mediation proceedings before the punong barangay;
2. Submit a report of the mediation proceedings to the proper city or municipal courts; and
3. Receive and keep the records of proceedings submitted to him by the various conciliation panels.

Section 403. (LGC)

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.

(b) The three (3) members constituting the pangkat shall elect from among themselves the chairman and the secretary.
The secretary shall prepare the minutes of the pangkat proceedings and submit a copy duly attested to by the chairman
to the lupon secretary and to the proper city or municipal court. He shall issue and cause to be served notices to the
parties concerned.

The lupon secretary shall issue certified true copies of any public record in his custody that is not by law otherwise
declared confidential.

Section 404, LGC

Section 405, LGC. 

Vacancies in the Pangkat. - Any vacancy in the pangkat shall be chosen by the parties to the dispute from
among the other lupon members. Should the parties fail to agree on a common choice, the vacancy shall be
filled by lot to be drawn by the lupon chairman.
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.

Section 407, LGC

Three components of the Katarungang
Pambarangay

The Katarungang Pambarangay is said to have three components:

(A) the Lupong Tagapamayapa;

(B) the Pangkat ng Tagapagsundo; and

(C) the Legal Advisers.

 Although the three components are
considered as separate and distinct in
so far as their roles and functions are
concerned, the three components
interact and relate to each other as they
perform their separate roles and
functions.

Source: A guide to Katarungang Pambarangay System by Atty.

Gregorio Austral
Offenses under RPC which are within the
authority of the Lupon:

 Art. 155. Alarms and Scandals

 Art. 174. False medical certificates, false certificates of merits or service, etc
 Art. 175. Using false certificates
 Art. 178. Using fictitious name and concealing true name
 Art. 179. Illegal use of uniforms or insignia
 Art. 180. False testimony against a defendant
 Art. 181. False testimony favorable to the defendants
 Art. 200. Grave scandal
 Art. 252 (2). Physical injuries inflicted in a tumultuous affray
 Art. 253. Giving assistance to suicide if the suicide is not consummated
 Art. 259. Dispensing of abortive by a pharmacist
 Art. 260. Responsibility of participants in a duel
 Art. 265. Less serious physical injuries
 Art. 266. Slight physical injuries and maltreatment
 Art. 269. Unlawful arrest
 Art. 271. Inducing a minor to abandon his home
 Art. 275. Abandonment of persons in danger an abandonment of one’s own victim
 Art. 276. Abandoning a minor.
 Art. 277. Abandonment of minor by person entrusted with his custody; indifference of parents
 Art. 280. Trespass to dwelling
 Art. 281. Other forms of trespass
 Art. 282(2). Grave threats
 Art. 283. Light threats
 Art. 285. Other light threats
 Art. 286. Grave coercions
 Art. 287. Light coercions
 Art. 288. Other similar coercions
 Art. 289. Formation, maintenance, and prohibition of combination of capital or labor through violence or threats
 Art. 290. Discovering secrets through seizure of correspondence
 Art. 291. Revealing secrets with abuse of office
 Art. 308. Theft
 Art. 312. Occupation of real property or occupation of real rights in property
 Art. 313. Altering boundaries or landmarks
 Art. 315(4). Estafa
 Art. 316. Other forms of swindling
 Art. 317. Swindling a minor
 Art. 318. Other deceits
 Art. 319. Removal, sale or pledge of mortgaged property
 Art. 328. Special cases of malicious mischief
 Art. 329. Other mischiefs
 Art. 338. Simple seduction
 Art. 339. Acts of lasciviousness with the consent of the offended party
 Art. 351. Premature marriages
 Art. 356. Threatening to publish and offer to prevent such publication for a compensation
 Art. 357. Prohibited publication of acts referred to in the course of official proceedings
 Art. 358. Slander
 Art. 359. Slander by deed.
 Art. 363. Incriminating innocent persons
 Art. 364. Intriguing against honor
 Art. 365. Imprudence and negligence
 Adultery, concubinage, seduction, abduction, acts of lasciviousness and rape – when the offender/s may be pardoned by the offended spouse,
party, parents, grandparents or guardian
 Disputes which cannot be amicably settled by
the Lupon:

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, partnerships or juridical entities, since only individuals
shall be parties to Barangay conciliation proceedings either as complainants or respondents [Sec. 1, Rule
VI, Katarungang Pambarangay Rules];

CIRCULAR NO. 14-93 July 15, 1993

 Disputes which cannot be amicably settled by the Lupon:

[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 settlement by an appropriate Lupon;

[6] Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one
[1] year or a fine of over five thousand pesos (P5,000.00);

[7] Offenses where there is no private offended party;

CIRCULAR NO. 14-93 July 15, 1993

 Disputes which cannot be amicably settled by the Lupon:

[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 of 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.
    

CIRCULAR NO. 14-93 July 15, 1993

 Disputes which cannot be amicably settled by
the Lupon:

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).

CIRCULAR NO. 14-93 July 15, 1993

When non-conciliable cases was brought
before the Barangay.

This is a common occurrence, wherein disputes in the neighborhood, civil or criminal, beyond the jurisdiction of
the lupon to settle are accepted by the punong barangay and even conciliated by the pangkat.

There is no law, issuance or ruling prohibiting or penalizing a punong barangay from accepting complaints and
grievances, especially when both contending parties are his constituents.

Effect: Any settlement or arbitration on disputes not covered by the KP does not have the force and effect of a court
judgment; they are merely private contracts and cannot be enforced through execution by the lupon or court.

COMPREHENSIVE GUIDEBOOK ON KATARUNGANG PAMBARANGAY,” authored by Juanito S. Ortiz.

 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.

SEC. 409 of LGC

 ACTUAL RESIDENCE
REQUIRED
PD 1508 requires that disputants must be members of the barangays who are
actually residing therein. Residence alone, without membership, in said barangays
would not be an accurate and reliable criterion.

Mere membership in a barangay, without actual residence therein, should not suffice
since absentee membership would not sub serve the avowed purpose of PD 1508 for
lack of common bond and sense of belongingness to a particular identified group.
(Spouses Bejer vs. CA and Spouses Samar, G.R. No. 79404, Jan. 27, 1989).
The statutory requirement of actual residency and membership in the barangay is
applicable to the real party in interest, not to the attorney-in-fact.

Where parties are not actual residents in the same city or municipality or adjoining
barangays, there is no requirement for them to submit their dispute to the lupon even
if both of their attorneys-in-fact are actual residents of the same barangay (Pascual
vs. Pascual, G.R. No. 157830, Nov. 17, 2005).
The Lupon shall have no jurisdiction over disputes where the parties are not actual residents
of the same city or municipality, except where the barangays in which they actually reside
adjoin each other.

In such a situation, where the Lupon is without jurisdiction of the controversy because the
parties are not actual residents of the same city or municipality or of adjoining barangays, the
nature of the controversy is of no moment- whether or not affecting real property or interest
therein, located in the same city or municipality (Agbayani, et.al. vs. Judge Belen, G.R. No.
L-65629, Nov. 24, 1986).
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. (G.R. No. 157830; November 17, 2005)
COMMONLY USED METHODS OF
ALTERNATIVE DISPUTE RESOLUTIONS

MEDIATION CONCILIATION ARBITRATION

This means a voluntary This is a process in which an This is a voluntary dispute
process in which a mediator, impartial person acts as an resolution process in which
selected by the disputing intermediary to open one or more arbitrators,
parties, facilitates communication between appointed in accordance with
communication and parties to resolve their the agreement of the parties,
negotiation, and assists the dispute. or rules promulgated pursuant
parties in reaching a to law, resolve a dispute by
voluntary agreement rendering an award (Sec.
regarding a dispute (Sec. 3[d], RA No. 9285).
3(q), RA no. 9285).
Two stages of Katarungang Pambarangay
process

(1) MEDIATION before the lupon chairman, and

(2) CONCILIATION before the pangkat.

Complaint + payment of filing fee

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.
Section 410(a) LGC

S
 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 the Local
Government Code.
Section 410(b) LGC
Principles followed in the Mediation

1. Upon receipt of the complaint, the lupon chairman shall summon the respondent, with notice to
the complainant for them and their witnesses to appear before him for a mediation of their
conflicting interests within the next working day;
2. The respondent may submit his answer and he may interpose his counter-claim;
3. Hearing is done informally;
4. Technical rules of evidence are not resorted;
5. Settlement must be reduced into writing signed by the complainant and respondent and attested
by the Barangay Chairman; and
6. If the mediation efforts of the lupon chairman fail 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.
 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 the complaint with the
punong barangay. The prescriptive periods shall resume upon receipt by the complainant of the
complainant 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.
Section 410 (c)
ISSUANCE OF SUMMONS

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.
Section 410 (d), LGC
SELECTION OF PANGKAT
TAGAPAGKASUNDO

Parties shall choose three (3) members from the members of the Lupon Tagapamayapa

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.
DISQUALIFICATION OF ANY MEMBER
OF THE PANGKAT

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 provided by law.

Section 410 (d), LGC

The pangkat shall meet to hear both parties, explore possibilities for amicable settlement
within 15 days which can be extended for an other 15 days in a meritorious case and issue
subpoena of witnesses whenever necessary
Appearance of Parties in Person

In all katarungang pambarangay proceedings, the parties

must appear in person without the assistance of counsel or
representative, except for minors and incompetents who may
be assisted by their next-of-kin who are not lawyers.

Section 415, LGC

Rationale:

 To enable the lupon to secure first hand and direct information about the facts and issues.
•
 The participation of lawyers with their tendency to use their analytical skills and legal
knowledge tend to prolong instead of expedite settlement of the case.
POWER OF CONTEMPT

Both the lupon and pangkat do not have power to directly punish the parties and their
witnesses for contempt.
REASON: Power of contempt is an inherent attribute of the court.

The lupon and the pangkat, however, may file an application to cite any party or his witness,
who wilfully and deliberately fails or refuses to appear without justifiable ground, despite
notice, for indirect contempt before the court.
NOTICE OF HEARING
 EFFECT OF NON-APPEARANCE
COMPLAINANT RESPONDENT
Complaint may be dismissed. Any counterclaim arising from or is necessarily
connected with the complainant’s action, may be
dismissed.

Dismissal shall bar the complainant from seeking Dismissal shall bar the respondent from filing such
judicial recourse for the same cause of action as that counterclaim in court.
dismissed.

Issuance of Certificate to Bar Action Non-appearance shall likewise be a sufficient basis for
the issuance of a certification to file action.

Willful failure or refusal to appear may subject the

party or witness to punishment for contempt.
A hearing shall be conducted so that the party who failed to attend the
previous hearing will be required to give an explanation of his
absence and of why sanctions will not be imposed.
PERIOD OF 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.
Section 410 (e), LGC
Form of settlement

All amicable settlements shall be in writing, in a language or dialect known to the parties,
signed by them, and attested to by the lupon chairman or the pangkat chairman, as the
case may be.

When the parties to the dispute do not use the same language or dialect, the settlement shall
be written in the language known to them.

Section 411, LGC

Conciliation

Pre-condition to Filing of Complaint in Court.

No complaint, petition, action, or proceeding involving any matter within the authority of the
lupon shall be filed or instituted directly in court or any other government office for
adjudication, unless there has been a confrontation between the parties before the lupon
chairman or the pangkat, and that no conciliation or settlement has been reached as certified
by the lupon secretary or pangkat secretary as attested to by the lupon or pangkat chairman or
unless the settlement has been repudiated by the parties thereto.
Section 412 (a), LGC
 Where Parties May Go Directly to Court

The parties may go directly to court in the following instances:

(1) Where the accused is under detention;

(2) Where a person has otherwise been deprived of personal liberty calling for habeas corpus
proceedings;
(3) Where actions are coupled with provisional remedies such as preliminary injunction, attachment,
delivery of personal property and support pendente lite; and
(4) Where the action may otherwise be barred by the statute of limitations.
Section 412 (b), LGC
Conciliation among members of indigenous cultural
communities

The customs and traditions of indigenous cultural communities

shall be applied in settling disputes between members of the
cultural communities.

Section 412 (c), LGC

GENERAL RULE: Proceedings Open to the Public.

Exception. - All proceedings for settlement shall be public and informal: Provided, however, That the lupon chairman or
the pangkat chairman, as the case may be, may motu proprio or upon request of a party, exclude the public from the
proceedings in the interest of privacy, decency, or public morals.

Section 414, LGC

 Arbitration

(a) The parties may, at any stage of the proceedings, agree in writing that they shall abide by the
arbitration award of the lupon chairman or the pangkat.

Such agreement to arbitrate may be repudiated within five (5) days from the date thereof for the
same grounds and in accordance with the procedure hereinafter prescribed. The arbitration award shall
be made after the lapse of the period for repudiation and within ten (10) days thereafter.

(b) The arbitration award shall be in writing in a language or dialect known to the parties. When the
parties to the dispute do not use the same language or dialect, the award shall be written in the language
or dialect known to them.
Section 412, LGC
USUAL STEPS IN ARBITRATION
 STEP 1 – The arbiter orders the secretary to call the case;
 STEP 2 - The secretary identifies and enters into record all appearances from both
parties;
 STEP 3 – The arbiter calls the complainant to present his/ her evidence. A person who is
to give testimony before an arbitration proceeding shall be sworn to an oath to tell the
truth and nothing but the truth.
 STEP 4 - When a witness is necessary, he/she is summoned to testify before the
proceeding;
 STEP 5 – The arbiter calls the respondent to present his/ her defense; present evidences
and witnesses; in the manner afforded to the complainant;
 STEP 6 - After the parties have completed their presentation, the case is closed for
resolution/decision. At this stage, the adjudicative trial is completed;
ARBITRATION AWARD

The Decision or Award must be handed down to

the parties within fifteen (15) days but not later
than six (6) days from the date of the last hearing.
Within five (5) days thereafter, the secretary shall
furnish a copy of the arbitration award to the
parties; keep a file at the lupon office and furnish
a copy to the city/municipal court.
AMICABLE SETTLEMENT

All amicable settlements shall be in writing, in

a language or dialect known to the parties,
signed by them, and attested to by the lupon
chairman or the pangkat chairman, as the case
may be. When the parties to the dispute do not
use the same language or dialect, the
settlement shall be written in the language
known to them.

Sec. 411, LGC

Effect of Amicable Settlement and Arbitration
Award. 

The amicable settlement and arbitration award shall have the force and effect of a final
judgment of a court upon the 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.
Exception: Cases referred by Court back to the Barangay for mediation/conciliation, in which
case, it will be transmitted to the court and upon approval thereof, will have the force and
effect of a judgment.

Section 416, LGC

Execution of Amicable Settlement

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.

Section 417, LGC

Party shall file a Motion for Execution with the
Punong Barangay;

Barangay Captain conducts a hearing on the date

assigned by the Movant which should not be later
than five (5) days from the date of filing of the
motion
The PB shall ascertain the facts for the NON-
COMPLIANCE of the settlement and STRONGLY
ENCOURAGE the party obliged to COMPLY WITH THE
SETTLEMENT

After the lapse of FIVE DAYS with no voluntary

compliance, the PB shall issue a NOTICE OF
EXECUTION
Different modes of execution

1. PAYMENT OF MONEY
The actual execution may be in the form of money, but in case of failure to comply
voluntarily with the settlement, the Punong Barangay shall take possession of sufficient personal
property of the party obliged. The property can be sold and the proceeds ap plied to
the amount.
2. POSSESSION OF PROPERTY
If the property is located in the barangay, the Punong Barangay shall oust from the property
the person against whom the settlement or arbitration award is rendered.  If the property is
outside the barangay, but within the same city/municipality, the Punong Barangay shall
authorize other Punong Barangay to take possession and act in accordance with the preceding
paragraph.
3. CONVEYANCE OF LAND, DELIVERY OF DEEDS OR OTHER DOCUMENTS OR
PERFORMANCE OF ANY SPECIFIC ACT
The Punong Barangay may direct the secretary to perform the act at the cost of the
disobedient party. Costs will be charged to the disobedient party
Execution through Court Order

For failure to execute the settlement within the period of six (6) months from the date of
settlement, the movant must file a Motion of Execution to the proper Court.

The court may grant it by issuing a writ of execution and ordering the sheriff to obtain
compliance of judgment from the other party.

Issuance of writ is ministerial duty of the court.

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.

Section 418, LGC

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.

Section 419, LGC

Certificate to file Action

Document issued by the Lupon Secretary or the Pangkat Secretary and attested by the Punong
Barangay or Pangkat Chairman.

Contents :
1. No settlement was agreed upon between the disputing parties;
2. There is such a settlement but later repudiated by the complainant because his consent to
the agreement was obtained through fraud, violence, intimidation;
3. When the respondent failed to appear or refused to attend a hearing without a valid
reason. The issuance of a Certificate to File Action is a ministerial duty
Certificates to File Action, to Bar Action, or to Bar
Counter-Claim

A hearing should be set and conducted by the Punong Barangay or Pangkat Chairman to give
the absent party an opportunity to explain the reasons for his absence.
When the Punong Barangay determines that such failure to attend was intentional and with no
good reason then he shall direct the secretary to issue the applicable and proper certificates.
RELATED JURISPRUDENCE

The convening of the pangkat is unnecessary when a party fails to

appear without justifiable reason during the barangay conciliation and
mediation or arbitration. In this case, what the lupon should do is to
issue a certification to file action (Alinsugan vs. Cagampang, et.al.,
G.R. No. L-69334, July 28, 1986).
RELATED JURISPRUDENCE

If the obligation to be enforced is due and demandable on a date other than the
date of the settlement, the six-month period should be counted from the date
the obligation becomes due and demandable (Ma. Theresa Vidal et. al. vs. Ma.
Theresa Escueta, G.R. No. 156228, Dec. 10, 2003)

EXAMPLE: A promised to settle his debt on the date of signing the amicable
settlement. Date of settlement is on May 8, 2012. Last day for execution by the
lupon is on November 8, 2012. 2) A promised to settle his debt on the July 1,
2012. Date of settlement is on May 8, 2012. Last day for execution by the
lupon is on January 1, 2013.
KEEP IN MIND!

YOU ARE NOT A BARANGAY COURT!

LUPON MEMBERS ARE NOT JUDGES

The PUNONG BARANGAY SHALL NOT RESOLVE THE CASE.

The PUNONG BARANGAY WILL HELP THEM RESOLVE THE
CASE
THANK YOU SO MUCH!