katarungan pambarangay

1. KATARUNGANG
PAMBARANGAY
Lecturer:
ATTY. PIOQUINTA QUINDARA
DILG-Central Office

2. REQUIREMENTS FOR THE EXERCISE OF
AUTHORITY OF THE LUPONG TAGAPAMAYAPA
1. REQUIREMENTS AS TO THE PARTIES TO THE
DISPUTE
*Actual residents of the same City or Municipality*
2. REQUIREMENTS AS TO THE SUBJECT MATTER OF
THE DISPUTE
*Lupon has the authority to amicably settle all disputes
subject only to certain exceptions
[(Section 408, RA7160) (Section 412]

3. SECTION 409. 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 barangay within the
same city or municipality shall be brought in the barangay where
the respondent or any of the respondents actually resides, at the
selection 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 the workplace where the contending parties
are employees or at the institutions where such parties are
enrolled for study, shall be brought in the barangay where such
workplace or institution is located;
e) 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.

4. SECTION 408 Subject Matter for Amicable
Settlement; Exception thereto xxx:
a) Where one party is the Government, or any
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 exceeding Five Thousand
Pesos (P5,000.00);
d) Offenses where there is no private offended party;
N.B. no private individual is violated, only the interest of the
general public

5. SECTION 408 Subject Matter for Amicable
Settlement; Exception thereto xxx:
e) When 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 resides in
barangays of different cities or municipalities,
except where such barangay unit adjoin each
other and the parties thereto agree to submit
their differences to Amicable Settlement by an
appropriate Lupon;
g) Such other claims of dispute which the President
may determine in the interest of justice upon the
recommendation of the Secretary of Justice.

6. EXCEPTIONS UNDER SECTION 412, (b)
1). Where the accused is under detention
N.B. Article 125, RPC
12
18 hours, otherwise illegal detention
36
2). Where a person has otherwise been deprived of
personal liberty calling for Habeas Corpus
proceedings;
Habeas Corpus – Judicial proceeding for the purpose of
releasing a person who is illegally deprived of liberty or
restoring rightful custody to the person who has been
deprived thereof

7. EXCEPTIONS UNDER SECTION 412, (b)
3. Where actions are coupled with provisional
remedies, such as preliminary injunctions,
attachment, delivery of personal property
(Replivin), and support Pendente Lite;
RSN. Requires immediate Court action if they are to be
effective in pursuing and protecting the rights of a
party of a case pending in court
4. Where the action may otherwise be barred by the
statutes of limitations

8. MEDIATION PROCEDURE
COMPLAINANT
PUNONG BARANGAY
1. Secretary
2. Treasurer
CONSTITUTION OF
PANGKAT
MEDIATION PROCESS
AGREEMENT
TO ARBITRATE
HEARING ON
ARBITRATION
NO SETTLEMENT
AMICABLE
SETTLEMENT
EXECUTION
REPUDIATION
CERTIFICATE TO
FILE ACTION

9. CONCILIATION PROCEDURE
PUNONG BARANGAY
PANGKAT NG
TAGAPAGSUNDO
CERTIFICATE TO
FILE ACTION
CONCILIATION
PROCESS
AGREEMENT
TO ARBITRATE
HEARING ON
ARBITRATION
NO SETTLEMENT
AMICABLE
SETTLEMENT
EXECUTION
REPUDIATION
CERTIFICATE TO
FILE ACTION

10. ARBITRATION PROCEDURE
PUNONG BARANGAY
PANGKAT NG
TAGAPAGSUNDO
EVIDENCE FOR RESPONDENT
EXECUTION
PETITION FOR
NULLIFICATION
ARBITRATION HEARING
EVIDENCE FOR COMPLAINANT
AWARD

11. MEDIATION/CONCILIATION SUGGESTED PROCESS
PARTIES PRESENTATION OF ISSUES AND CONCERNS
PREPARATION FOR MEDIATION
MEDIATOR’S OPENING REMARKS
PROBLEM SOLVING
• Explore the Issues and Review Interest
• Generate Opinions
• Evaluate Options
• Select/Modify Options
WRITTEN AGREEMENT/CLOSING
FINAL BARGAINING

12. PROCEDURE IN THE SETTLEMENT OF DISPUTES
AT THE BARANGAY LEVEL
Complaint is filed
with the Barangay
Captain orally or
in writing
Lupon Secretary
records the
complaint and
assigns it a docket
number
Barangay Captain issues
summons for parties to
appear before him
(next working day)
Summons – Respondent
Notice - Complainant
If conciliation or
arbitration fails,
Barangay Captain
creates a Pangkat
(3 members)
If settlement is
reached, case is
considered closed.
(Amicable
Settlement)
Barangay Captain
conciliates the
parties or arbitrates
the case
(within 15 days)
Pangkat conciliates the
parties or arbitrates the
case
(convene not later than 3
days from constitution on
day hour set by Lupon
Chair to hear parties)
If agreement is
reached or arbitration
reward is made, case
is closed.
If arbitration fails or
Pangkats decision is
validly repudiated,
the case may be
taken to court

13. SANCTION
FAILURE TO APPEAR
1. Punishment as for indirect contempt of court, which shall be
imposed by the local city or municipal court upon application
filed either by:
 Punong Barangay
 Pangkat Chairman
 Any of the contending parties (Section 915, RA7160)
2. Dismissal of complaint and counterclaim filed by the complainant
and respondent, respectively, who refused or willfully failed to
appear at the Barangay proceedings (Section 8, Rule IV, KP Rules);
3. Issuance of a certification to bar the complainant who fails or
refuse to appear from seeking judicial recourse for the same cause
of actions (KP Form No. 21)
4. Issuance of a certification to bar the respondent from filing any
counterclaim arising out of or necessarily connected with the
complaint (KP Form 22);
N.B. If complainant refuse to appear there is no need to constitute the
Pangkat

14. EXECUTION
Definition : Process of carrying into effect the amicable settlement
reached by the parties in a KP case on the arbitration
reward rendered by the PB/Lupon Chairman or the
Pangkat ng Tagapagkasundo, which has become final
after the lapse of the prescribed time.
PRELIMINARY PROCEDURE:
Step One : Disputant may file a motion (KP Form No. 23) with the
PB, copy furnished to the other disputant/s, for the
execution of a final settlement or award which has not
been complied with. (Section 3, Rule VII, KP Rules);
Step Two : On the day of the motion for EXECUTION is filed, PB
shall set the same for hearing on a date approved to by
the movant, which shall not be later than five (5) days
from the date of the filling of the motion. PB shall give
immediate notice of hearing (KP Form No. 24) to the
other party;
Step Three: During the hearing, PB shall ascertain the fact of non-
compliance with the terms of the settlement or award.
Upon determination of non-compliance, the PB shall
strongly urge the party obliged to voluntarily comply
with the settlement or award.

15. EXECUTION
PRELIMINARY PROCEDURE:
Step Four : The PB shall within five (5) days from the day of hearing,
determine whether or not voluntary compliance can be
secured by giving the party obliged the opportunity to
comply with the settlement or award within the said five
day period;
Step Five : Upon the lapse of said five-day period, there being no
voluntary compliance, he shall issue a notice of
execution (KP Form No. 25) in the name of the LT (Notice
of Execution).

16. PROCEDURE FOR THE SALE OF PERSONAL
PROPERTY ON EXECUTION
A. NOTICE OF SALE
1. Case of perishable property, posting immediately upon
possession thereof indicating
 Time
 Place of sale in three (3) public places in the Barangay
where sale is to take place for not less than 24 hour
prior to the sale
2. Other personal property, by posting immediately upon
taking possession thereof in three public places in the
Barangay where sale is to take place not less than 5 days
but not more than 10 days
NOTE: Manner of Sale – Public Auction

17. THANK YOU
AND GOOD DAY