KATARUNGANG

PAMBARANGAY

DILG Cotabato Province

 LEGAL BASIS
 Presidential Decree No. 1508 (1978)

 Local Government Code (1991)

 Katarungang Pambarangay Rules

 WHAT IS KP SYSTEM

it is a a system by which disputes

or quarrels arising in the barangay level
among its residents are amicably settled
without need to go the courts.
 CONCEPT
 Parties to a dispute are compelled to
resort to mediation and conciliation at the
village level as a pre-requisite to the filing
of the case in court.
 The intention is to help relieve courts of
docket congestion
 It applies to almost all civil disputes and to
criminal cases involving petty offenses.
 COVERAGE
What is the scope or coverage of the
Katarungang Pambarangay System?
 The coverage includes:
 Civil cases;
 Criminal cases
What Civil Cases are covered by the Law?
All CIVIL CASES, IRRESPECTIVE OF AMOUNT INVOLVED, ARE COVERED BY
KATARUNGANG PAMBARANGAY LAW EXCEPT the following

1. One party is the government

2. One party is a public officer or employee, and the dispute relates to the
performance of his official functions
3. One party is a corporation or partnership
4. Parties reside in different cities/municipalities
5. Involves real property in different cities or municipalities
6 Any action coupled with the provisional remedy such as preliminary
injunction, Attachment,delivery of personal property and support
during the pendency of theAction ,which may be filed directly in court
7. Where the action may soon be barred by the Statue of Limitation
8. Such other classes of disputes which the President may, in the interest
of justice, determine upon recommendation of the Secretary of Justice
What CRIMINAL CASES are covered by the Law?
ONLY OFFENCES WHICH ARE PUNISHABLE BY IMPRISONMENT NOT EXCEEDING
ONE (1) YEAR OR A FINE NOT EXCEEDING P5,000.00 , ARE COVERED BY
KATARUNGANG PAMBARANGAY LAW
 EXCEPTIONS
1. Offences where there is no offended party
2. In a criminal case where the accused was arrested without warrant and is
under police detention or custody, a criminal complaint or information may
be filed directly by the offended party, the police or fiscal in the appropriate

courts.
3. Where a person is illegally deprived of his liberty, a Petition for a Writ of
Habeas Corpus may be filed directly with the proper court to secure his
release.

4. Where the offense may soon prescribe

5. Such other classes of disputes which the President may, in the interest of
justice determine upon the recommendation of the Secretary of Justice.
What ADMINISTRATIVE CASES are covered by
the KATARUNGAN?
Only cases involving a public official or employee where the dispute
does not relate to the performance of the official functions of the
public official or employee who is being charged.
 METHODS OF RESOLVING
DISPUTES
Disputes under the Katarungang
Pambarangay System are resolved either
through

1) Mediation or Conciliation

2) Arbitration
MEDIATION AND CONCILIATION

is the process by which disputants are

persuaded by the Punong Barangay or
Pangkat to amicably settle their disputes.
Arbitration under this decree, on the other
hand, is the process for adjudication of the
disputes by which the parties agree to be
bound by the decision of the Punong
Barangay or the Pangkat whom the
parties have previously named as their
arbitrator.
 ARBITRATION

is the process for adjudication of the

disputes by which the parties agree to be
bound by the decision of the Punong
Barangay or the Pangkat whom the
parties have previously named as their
arbitrator.
 Filing of
Complaint &

KATARUNGANG
Payment

PAMBARANGAY
Issue
Summons to
Dependents

Mediation PROCESS
NO

Settlement

Constitute
YES Pangkat
Execution
Conciliation Arbitration

Arbitration
Settlement
Award
NO
YES

Execution Execution
CERTIFICATE TO
FILE ACTION
 VENUE
 The venue of a case is the barangay where the parties
reside
 If they reside in different barangays within the same
city/municipality, the venue is where the respondent
resides
 In cases involving real property, venue is where the
property or the larger portion thereof is situated
 In cases arising at the workplace or at school, the venue
is the barangay where the workplace or school is
situated
 Objection to venue must be raised in the mediation
proceedings before the barangay chairman, otherwise it
is deemed waived
THE LUPON TAGAPAMAYAPA
is a body organized in every Barangay
composed of the Punong Barangay and 10
to 20 persons actually residing or working
in the Barangay from among whom the
Pangkat Tagapagkasundo is chosen to
attempt to settle disputes referred to it by
the Punong Barangay.
 FUNCTIONS OF LUPON
 To exercise administrative supervision over various
Pangkats by seeing to it that the Pangkats perform
their duties in accordance with laws and regulations
and in an efficient, effective and fair manner;
 To see to it that the Pangkats have necessary
supplies and forms required for discharging their
duties; and
 To meet regularly once a month on a date previously
agreed upon to discuss problems relating to the
amicable settlement of disputes and advise solutions
thereto by using as much as possible the local
resources of the brgy.
 PUNONG BARANGAY:
Its Duties as Lupon Chairman
 Appoint Lupon members;
 Post the list of appointed Lupon member in three (3) conspicuous
places in the Barangay for the entire duration of their terms of
office.
 Set the date, time and place of and presides over the monthly
meetings of the Lupon;
 Prepare the agenda for each meeting;
 Receive complaints on disputes under P.D. 1508;
 Send summons and/or notices to parties and their witnesses;
 See to it that the Lupon exercises administrative supervision over
the various Pangkats;
 Withdraw the appointment of any Lupon member for justifiable
cause with the concurrence of the majority of all the members of
the Lupon; and
 Where the mediation or arbitration was made by him, shall attest
the certification signed or issued by the Lupon Secretary.
 BARANGAY SECRETARY:
His Duties as Lupon Secretary
 In the absence of the Punong Barangay, preside over the striking-out
process for the selection of the three (3) members and one (1) alternative
of the Pangkat;
 Keep and maintain a record book of all complaints consecutively in the
order in which they were received; and enter in the book the names of the
parties, dates and time filed, nature of the case and disposition.
 Note the results of the mediation proceedings before the Punong Barangay
and submit a final report thereon to the proper city or municipal court;
 Record the willful failure or refusal of a party to comply with the summons
issued by the Punong Barangay and transmit a certification to that effect to
the proper court having jurisdiction over the matter in dispute;
 Receive and keep records of proceedings submitted to him by the various
Pangkats;
 Transmit the Settlement agreed upon by the parties to the local city or
municipal court note earlier than the eleventh nor later than the fifteenth
day from the date of Settlement;
 Transmit the Arbitration Award to the local city or municipal court within
five (5) days from the date of the award
 BARANGAY SECRETARY:
His Duties as Lupon Secretary
8) Issue the certification required for filing an action or proceeding in court or any
government office for adjudication.

9) Issue a certification for barring the complainant from filing a case or the
respondent from filing a counterclaim in court in case of willful failure of the
complainant or respondent, respectively, to appear before the Punong
Barangay;

10) Furnish copies of the settlement or Arbitration Award to all the parties and the
Punong Barangay

11) Note the date and time of hearing of the mediation proceedings before the
Punong Barangay.

12) Note the appearance of parties and names of their witnesses;

13) Note the substance of the testimonies of the parties and their witnesses;
14) Note the objections made by the Punong Barangay; and

15) Note such other matters that will be helpful to a full understanding of the
case.
THE PANGKAT TAGAPAGKASUNDO

It is a conciliation panel constituted for

each dispute consisting of three (3)
members chosen from among the
members of the Lupon Tagapayapa
to whom a dispute is referred for
Amicable Settlement by the Barangay
after the latter shall have failed in his
mediation efforts.
 Formation of Pangkat

How are the member of the

Pangkat chosen?

They are chosen by agreement of the

parties to the dispute.
 Formation of Pangkat
How the Pangkat Chairman chosen?

He is elected by the majority votes of its three

(3) members of the pangkat

How the Pangkat Secretary chosen?

He is chosen by the majority votes of its three

(3) members of the pangkat
 Powers and Duties of the Pangkat
Chairman
 Preside over all hearings conducted by the Pangkat and administer oaths
in connection with any matter relating to all disputes brought for
settlement before the said Pangkats;

 Issue summons for the personal appearance of parties and witnesses

before the Pangkat;

 In case of refusal or will full failure to comply with such summons, apply
with the city or municipal court for punishment of the non-complying
party or witness as for indirect contempt of court;

 Attest to the authenticity or genuineness and due execution of the

settlement reached by the parties before the Pangkat;

 Preside over the arbitration hearing in case the parties agree to have the
Pangkat arbitrate their dispute; and

 Attest the certification issued by the Pangkat Secretary required for

filing an action or proceeding in court or any government office for
adjudication.
 Functions and Duties of the Pangkat
Secretary
 Issue notices of hearing before the Pangkat and cause them to be served upon the
parties and witnesses;

 Keep minutes of proceedings for conciliation and arbitration by keep the Pangkat
and have them attested by the Pangkat Chairman.

 Note in the minutes the willful failure or refusal of a party to comply with the
summons issued by the Pangkat Chairman and transmit a certified copy of such
record to the proper court having jurisdiction over the matter in dispute;

 Immediately transmit to the Lupon Secretary all settlements agreed upon by the
parties and arbitration awards made by the Pangkat;
 Submit copies of said minutes to the Lupon Secretary and to the local city or
municipal court;

 Issue a certification required for filing an action or procceding in court or any

government office for adjudication; and

 Issue a certification for barring the complainant from filing a counterclaim in court
in case of willful failure of the complainant or respondent respectively, to appear
before the Pangkat.
UPDATES ON KATARUNGANG
PAMBARANGAY
 JUVENILE JUSTICE ACT
RA 9344

 The juvenile justice bill expressly provides

for resort to the Katarungang
Pambarangay as a measure of diversion
MC 2004-118

IMPLEMENTATION OF RA
9262
ISSUANCE OF BARANGAY
PROTECTION ORDER
 BARANGAY CONCERNS
 Katarungang Pambarangay does not cover
many of the offenses committed by
minors, e.g., drug offenses, sex offenses,
etc.
 Barangays are ill-equipped to provide for
the minor’s rehabilitation