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Katarungang Pambarangay
 

Katarungang Pambarangay

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This presentation illustrates the Barangay Justice System in the Philippines

This presentation illustrates the Barangay Justice System in the Philippines

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    Katarungang Pambarangay Katarungang Pambarangay Presentation Transcript

    • What is conciliation?1. To overcome the distrust or animosity of; appease.2. To regain or try to regain (friendship or goodwill) by pleasant behavior.3. To make or attempt to make compatible; reconcile.
    • What is mediation? Mediation, a form of alternative dispute resolution (ADR), aims to assist two (or more) disputants in reaching an agreement.
    • What is arbitration? Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), by whose decision (the "award") they agree to be bound.
    • What is repudiation?The refusal to acknowledge a contract or debt.
    • What is the essence of KatarunganBarangay? The essence of the Katarungang Pambarangay Law is theamicable settlement of disputes wherein the disputing parties areencouraged to make mutual concessions to obtain a peacefulresolution of the dispute without formal adjudication thereof. Theimportant consideration in amicable settlement is the extent towhich the parties are willing to compromise their respectiveclaims against each other within the limits imposed by law,morals, good customs, public order and public policy. (DOJOpinion No. 185, s. 1981)
    • What is essence of Katarungan Barangay? The barangay settlement procedures are intended as ascreening process whereby the barangay captain and thepangkat ng tagapagkasundo, the conciliation panel constitutedfrom the lupon membership, determine which cases are trulyirreconcilable and should therefore be resolved judicially (DOJOpinion No. Ill, s. 1982)
    • What is the procedure for amicablesettlement?
    • What is the procedure for amicablesettlement? Mediation by the 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 theme and their witness to appear before him for a 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.
    • What is the procedure for amicablesettlement? 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 filling of the complaint with the punong barangay.
    • What is the procedure for amicablesettlement? 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.
    • What is the procedure for amicablesettlement? In the event that a party move 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 decied upon, the resulting vacancy shall be filled as herein provided for.
    • What is the procedure for amicablesettlement? 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. (Section 410)
    • What are the objectives of barangayconciliation procedure?The barangay system of disputeresolution is an institutionestablished through P.O. 1508for the purpose of shifting orsegregating cases which can bepeaceably or amicably settledbetween the parties and thosewhich are truly irreconcilable asto require formal adjudicationbefore the courts or othergovernment offices.
    • What are the objectives of barangayconciliation procedure?The former type of cases areprevented from reaching theregular courts of justice orgovernment offices performingadjudicatory functions thedockets of which are therebyrelieved of congestion of pendingcases. (DOl Opinion No. 10, s.1982)
    • What are the objectives of barangayconciliation procedure?Speedy Administration of Justice An essential objective of the Katarungang Pambarangay Law is the promotion of the speedy administration of justice. (DOT Opinion No. 26, s. 1982)
    • What are the objectives of barangayconciliation procedure?Alternative to Litigation The primary purpose of P.D. 1508, (now, Chapter 7, Title One, Book III, Local Government Code) is to provide the conciliation mechanism as an alterative to litigation in dispute settlement, to members of the responding barangay who are actually residing therein. (Bejer v. Court of Appeals, 169 SCRA 566, 572, Jan, 27, 1989)
    • What are the objectives of barangayconciliation procedure?Peaceful and Friendly Settlement One of the purposes of the Katarungang Pambarangay Law is to relieve trial courts of cases among neighbours that hopefully can be settled through the mediation of their peers in peaceful and friendly confrontations. (Ramos v. Court of Appeals. 174 SCRA 690, 695, June 30, 1989)
    • What are the objectives of barangayconciliation procedure? By compelling the disputants to settle their differences through the intervention of the barangay leader and other respected members of the barangay, the animosity generated by protracted court litigations between members of the same political unit, a disrupted factor toward unity and cooperation is avoided. (Morata v. Go, 125 SCRA 444, 449, Oct. 27, 1983)
    • What are the objectives of barangayconciliation procedure?Perpetuate Tradition and Culture The term "barangay level" distinguishes the system instituted by P.O. No. 1508 (now in LGC) for the purpose of perpetuating and giving official recognition to our time-honored tradition of resolving disputes among family and barangay members from the court system which performs the same function of resolving disputes or controversies, but through formal and technical rules of procedure. (DOJ Opinion No. 87, S. 1981)
    • What are the objectives of barangayconciliation procedure?Interest of Public Peace and Order While it is conceded that the State has the sovereign right to prosecute criminal offenses and that the fiscal has the full control in public prosecution, P.O. No. 1508 (now in LGC) stays the prosecuting arm of the government in cases of light offenses and allows the parties to settle their differences in the larger and greater interest of public peace and order. (People v. Caruncho, 127 SCRA 16, 31, Tan. 23, 1984)
    • How is the lupon different from thebarangay council? The barangay council is the barangays law- making body, created under the Revised Barrio Charter, R.A. 3590, as amended. The lupong tagapayapa is the council created under P.O. 1508. The lupon is a conciliation body separate and distinct from the barangay council or sanggunian. (DOJ Opinion No. 43, s. 1982)
    • What are the provisions of the KatarunganPambarangay under R.A. 7160? There is hereby created in each barangay a lupong tagapamayapa, hereinafter referred to as the lupon, composed of the Punong Barangay as Chairman and the Ten (10) to Twenty (20) members. The lupon shall be constituted every three (3) years in the manner provided by law.
    • What are the provisions of the KatarunganPambarangay under R.A. 7160? Any person actually residing or working in the barangay, not otherwise expressly disqualified by law, and possessing integrity, impartiality, independence of mind, sense of fairness, and reputation for probity, may be appointed a member of the lupon.
    • What are the provisions of the KatarunganPambarangay under R.A. 7160? A notice to constitute the lupon, which shall include the names of proposed members who have expressed their willingness to serve, shall be prepared by the punong barangay within the first fifteen (15) days from the start of his term of office. Such notice shall be posted in three (3) conspicuous places in the barangay continuously for a period of not less than three (3) weeks.
    • What are the provisions of the KatarunganPambarangay under R.A. 7160? The punong barangay, taking into consideration any opposition to the proposed appointment or any recommendations for appointments as may have been made within the period of posting, shall within ten (10) days thereafter, appoint as members those whom he determines to be suitable therefore. Appointments shall be in writing, signed by the punong barangay, attested to by the barangay secretary.
    • What are the provisions of the KatarunganPambarangay under R.A. 7160? The list of appointed members shall be posted in three (3) conspicuous places in the barangay for the entire duration of their term of office; and In barangays where majority of the inhabitants are mebers of indengeous 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.
    • What are the functions of the lupon? The function of the lupon tagapayapa is primarily conciliatory not adjudicative. (DOJ Opinion No. 64, s. 1982)
    • What are the functions of the lupon?The lupon shall: a. Exercise administrative supervision over the conciliation panels provided in the Code. b. Meet regularly once a month to provide a forum for 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 disputes. c. Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
    • What is the scope of the lupon powers? The Lupon Tagapamayapa is an administrative body. It has only such powers and functions as are conferred on it expressly or by necessary implication by the law that created it. (DOJ Opinion No. 100, s. 1979 and No. 29, s. 1984)
    • Who will be the ex-officio chairman ofthe lupon? The punong barangay (barangay captain) is ex officio chairman of the lupon of his barangay by express provision of P.O. 1508. Upon him alone devolves ipso facto the powers and duties of the chairman of the lupon, namely: to constitute the lupon; to mediate and arbitrate disputes; to constitute the pangkat ng tagapagkasundo; and to perform miscellaneous duties relative to the regular monthly meetings of the lupon. (DOJ Opinion No. 67, s. 1981)
    • Who will take over if the ex-officiochairman is not available? The most senior councilman succeeds to substitute for the punong barangay in case the latter ceases to hold office or is unable to perform his duties under the Katarungang Pambarangay Law. If said senior councilman likewise ceases to hold office or is unable to perform said duties, the process of succession successively devolves upon the other councilmen in the order of their seniority. (DOJ VUUlLUrIS No. 67, s. 1981 and No. 107, s. 1983)
    • What is improper substitution? Without conducting a personal confrontation of the parties before him for mediation, the punong barangay instead, referred the case to a lawyer who acted thereon purportedly as a "pangkat chairman." Under the circumstances the assumption by the said lawyer of the position of chairman of the pangkat ng tagapagkasundo was devoid of legal basis because of the non-compliance with the statutory requirement of personal confrontation of the parties before the punong barangay as provided under Section 4 (b) of P.O. 1508, and with the procedure prescribed by the law for the selection of pangkat chairman
    • What is improper substitution? Moreover, it does not appear that said lawyer is a senior member of the barangay council who can substitute for the punong barangay as lupon chairman. Only members of the sangguniang barangay, in the order of their seniority, can succeed to or substitute for, the punong barangay as lupon chairman. (DOl Opinion No. 341 s. 1984)
    • What is the territorial limits of lupon ? The authority of every lupon constituted for a particular barangay is co-extensive with the territorial limits of said barangay. Thus, the lupon may not exercise its authority outside the territorial confines of its own barangay. (DOJ Opinion No. 13, s.1980)
    • Who shall act as Secretary of theLupon? The Barangay Secretary shall concurrently serve as the secretary of the Lupon (Section 403)
    • What are the funtions of theSecretary? He shall record the results of mediation proceedings before the punong barangay and shall submit a report thereon to the proper city or municipal courts. He shall also receive and keep the records of proceedings submitted to him by the various conciliation panels.
    • Describe Pangkat ng tagapagkasundo. There shall be constituted for each dispute brought before the lupon a conciliation panel to be known as the pangkat ng tagapagkasundo, hereafter reffered 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. (Section 404, a) Should the parties fail to agree on the pangkat membership, the same shall be determined by lots drawn by the lupon chairman.
    • Describe Pangkat ng Tagapagkasundo. 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 serves notices to the parties concerned. (Section 404, b) 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)
    • How to fill-up vacancies in thePangkat? Any vacancy in the pangkat shall be chosen by the parties to the dispute from the 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.
    • The choice of Pangkat members. The choice of pangkat members is the parties prerogative. The rationale for this procedure is that the parties would be better disposed to amicably settle their dispute before a conciliation panel whose members are freely chosen by them. (DOl Opinions No. 262, s. 1982 and No. 34, s. 1984)
    • Characterize the Office and Service ofLupon Members. The members, while in the performance of their official duties or on the occasion thereof, shall be deemed as persons in authority, as defined in the Revised Penal Code. (Section 406, a)
    • Characterize the Office and Service ofLupon Members. The lupon or pangkat members shall serve without compensation, except as provided for in Section 393 and without prejudice to incentives as provided for a system of granting economic or other incentives to the lupon or pangkat members who adequately demonstrate the ability to judiciously and expeditiously resolves cases referred to them. While in the performance of their duties, the lupon or pangkat members, whether in public or private employment, shall be deemed to be on official time, and shall not suffer from any diminution in compensation or allowance from said employment by reason thereof. (Section 406, b)
    • Who shall render legal advice on mattersinvolving questions of law? The provincial, city legal officer or prosecutor or the municipal legal oficer 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)
    • Enumerate the exceptions for amicablesettlement. 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: a. Where one party is the government or any subdivision or instrumentality thereof; b. Where one party is a public officer or employee, and the dispute relates to the performance of his official functions; c. Offenses punishable by imprisonment exceeding one (1) year or a fine of Five thousand (P5, 000.00);
    • Enumerate the exceptions for amicablesettlement. d. Offense where there is no private offended party; e. Where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon; f. Disputes involving parties who actually reside in barangay 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;
    • Enumerate the exceptions for amicablesettlement.g. Such other classes of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice. 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, non proproi refer the case to the lupon concerned for amicable settlement. (Section 408)
    • Where will the conciliation will be held?1. Disputes between persons actually residing in the same barangay shall be brought for amicable settlement before the lupon of said barangay.2. 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.3. All disputes involving real property or any interest therein shall be brought in the barangay where are real property or the larger portion thereof is situated.
    • Where will the conciliation will be held?4. 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.5. 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. (Section 409)
    • Who may initiate proceedings foramicable settlement? 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)
    • How will the settlement be recorded? 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 or dialect known to them. (Section 411)
    • Is conciliation proceedings a pre-conditionto the filing of complaint in court? Yes. No complaint, petition, 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 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 as attested to by the lupon chairman or pangkat chairman or unless the settlement has been repudiated by the parties thereto. (Section 412)
    • Is conciliation proceedings a pre-conditionto the filing of complaint in court?However, the parties may go directly to court if: 1. Where the accused is under detention; 2. Where a person has otherwise been deprived of personal liberty calling for habias corpus proceeding; 3. Where actions are coupled with the provisional remedies such as preliminary injunction, attachment, delivery of personal property, and support pedente lite; and
    • Is conciliation proceedings a pre-conditionto the filing of complaint in court?4. Where the action may otherwise be barred by the statute of limitations.5. 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.
    • The parties may, at any stage of the proceeding, agreein writing that they shall abide by the arbitrationaward of the lupon chairman or the pangkat. Suchagreement to arbitrate may be repudiated within five(5) days from the date thereof for the same groundsand in accordance with the procedure hereinafterprescribed. The arbitration award shall be made afterthe lapse of the period for repudiation and within ten(10) days thereafter. (Section 413)
    • How will the written agreement bewritten? 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 413)
    • Will the proceeding will be open to thepubic? 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 propio or upon request of a part, exclude the public from the proceeding in the interest of privacy, decency, or public morals (Section 414)
    • Who should be present duringconciliation? In all katarungang pambaranagay 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)
    • The effect of amicable settlement andarbitration 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 municipality court. (Section 416)
    • The effect of amicable settlement andarbitration award. However, this provision shall not apply to court cases settled by the lupon under the last paragraph of Section 408 of this code, 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.
    • When will the amicable settlement andarbitration award will be enforced? 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)
    • Can any member of the party stillrepudiate even after the settlement? 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 filling a complaint as hereinabove provided. (Section 418)
    • Who will transmit the settlement or the arbitrationaward to the appropriate city or municipal 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 each of the parties to the settlement and the lupon chairman. (Section 419)
    • The punong barangay, as chairman of the lupongtagapamayapa, and the members of the pangkat arehereby authorized to administer oaths in connectionwith any matter relating to all proceedings in theimplementation of the katarungng pambarangay.(Section 420)
    • Who will implement the administration and rulesand regulation of the katarungan pambarangay? The city or municipal mayor, as the case may be, shall see to the efficient and effective implementation and administration of the katarungang pambarangay. The secretary of Justice shall promulgate the rules and regulations necessary to implement this chapter. (Section 421)
    • Who will provide the budget of thekatarungan pambarangay? Such amount as may be necessary for the effective implementation of the katarungang pambarangay shall be provided for in the annual budget of the city or municipality concerned. (Section 422)