12. SSuuiittaabbiilliittyy ooff LLuuppoonn MMeemmbbeerrss
SSeeccttiioonn 339999,, RRAA 77116600
• GOVERNMENT EMPLOYEES -
Sec.406 (b) explicitly recognizes the
validity of the appointment to the Lupon of
one who is “in public employment”
provided that the provision against
“Double Compensation” is observed and
provided further that the two offices are
not incompatible.
(MJ Opinion No. 168, Series of 1981)
13. SSuuiittaabbiilliittyy ooff LLuuppoonn MMeemmbbeerrss......
• POLICEMEN (Same as govt. employee)
(MJ Opinion No. 103, Series of 1981)
• LAWYER – The prohibition against a
lawyer is to act as a counsel to either of the
parties to the case.
(MJ Opinion No. 103, Series of 1981)
14. SSuuiittaabbiilliittyy ooff LLuuppoonn MMeemmbbeerrss......
• ECCLESIASTIC – Generally, a religious
person is not disqualified from holding
public office or a government position as
long as his employment has no religious
purpose or meaning.
Although expressly disqualified by law from
holding a municipal office, ecclesiatics are
not disqualified from holding other public
office/s.
(MJ Opinion No. 58, Series of 1974)
15. SSuuiittaabbiilliittyy ooff LLuuppoonn MMeemmbbeerrss......
• JUDGES – Judges are likewise not
disqualified. However, if judges were to
serve in the Lupon or the Pangkat, the
aforestated objective of the law will be
defeated because a judge would be
spending his valuable time to settlement of
cases before the Lupon, which would
otherwise be devoted to court cases.
(MJ Opinion No. 287, Series of 1982)
16. AAppppooiinnttmmeenntt ooff KKaaggaawwaadd ttoo tthhee LLuuppoonn
The position of a Kagawad ng Sangguniang
Barangay is an “Elective Position.”
“No elective official shall be eligible for
appointment or designation in any capacity
to any public office or position during his
tenure”
(Sec 7, Art IX-B, Phil. Constitution)
21. • The newly aappppooiinntteedd LLuuppoonn mmeemmbbeerrss wwiillll
iimmmmeeddiiaatteellyy ttaakkee tthheeiirr ooaatthh bbeeffoorree tthhee
BBaarraannggaayy CCaappttaaiinn uussiinngg KKPP FFoorrmm 55
After taking the
oath of office, the
list of Lupon
Members shall be
posted in a
conspicuous/strate
gic place in the
Barangay
36. Offenses under the Revised Penal Code within
the authority of the Lupon
a. Slight Physical Injuries/Maltreatment (Art. 266)
b. Less Serious Physical Injuries (Art. 265)
c. Trespass to dwelling (Art. 280)
d. Other forms of Trespass (Art. 281)
e. Grave Threats (Art. 282)
f. Light Threats (Art. 283)
g. Other Light threats (Art. 282 & 285)
h. Grave Coercion (Art. 286)
37. Offenses …
i. Light Coercion (Art. 287)
j. Other Similar Coercion (Art. 288)
k. Formation, Maintenanance and
Prohibition on Combination of Capital or
Labor through violence or threats (Art.
289)
l. Swindling (Estafa) if fraud does not
exceed hp200.00 (Art. 315)
m. Other forms of swindling (Art. 316)
n. Swindling a Minor (Art. 317)
38. Offenses …
o. Other Deceits (Art. 318)
p.Malicious Mischief if value of damage
does not exceed Php1000 (Art. 327)
q.Other Mischief (Art. 329)
r. Simple Seduction (Art. 338)
s. Acts of Lasciviousness with the consent
of the offended party (Art. 339)
t. Slander Art. 359)
u.Slander by Deed (Art. 359)
v. Imprudence and Negligence resulting to
less grave felony (Art. 365)
39. Offenses . . .
w. Theft if value does not exceed Php50.00
(Art. 309)
x. Physical Injuries inflicted in Tumultuous
affray (less serious in nature) (Art. 252)
y. Unlawful Arrest (Art. 269)
z. Abandonment of person in danger and
abandonment of one’s own victim (Art. 275)
aa.Abandoning a Minor (Art. 276)
ab.Abandonment of a minor by person entrusted
with his custody; Indifference of parents Art.
277)
cc. Discovering secrets through seizure of
correspondence (Art. 290)
43. Settlement of Serious Offenses
Settlement of Serious or Grave Offenses will not
bind the state nor the parties thereto. This
means that amicable settlement of Grave
Offense will not serve as a legal bar to the
prosecution of the offender. Admittedly,
though, the government’s ability to prosecute
may be adversely affected or hampered by the
lack of cooperation from the offended party
who may have compromised the case.
(M.J. Opinion No. 90, Series of 1991)
63. E x e c u t i o n
The amicable settlement or arbitration
award, as the case may be, may be
enforced by execution by the Lupon
within six (6) months from the date
of settlement or date of receipt of award
(Arbitration). After the lapse of such
time, the settlement or award may be
enforced by the appropriate local
Courts.
64. Procedure for Execution
a. Payment of Money - Party obliged to pay is
given five (5) days to make voluntary
payment.
Failure to pay – Punong Barangay shall take
possession of sufficient personal property
located in the barangay to satisfy the
settlement or award. Party obliged to pay is
allowed to point out which of them shall be
taken ahead of others.
SALE – thru Public Auction
65. Execution … Auction Sale
a.1. Perishable Property – Posting of
notice of the time and place in 3 public
places within the barangay for not less
than 24 hours prior to the sale.
a.2. Other Personal Property – Posting –
for not less than 5 days nor more than
10 days.
66. Execution …
2. Delivery/Restitution of property
located within the barangay – The
Punong Barangay shall oust
thereform the person against whom
the settlement or award is rendered
and place the party entitled thereto
in possession of such property.
67. Execution …
3.Delivery/Restitution of property located
in another barangay – The Punong
Barangay shall authorize the Punong
Barangay of that Barangay where the
property is situated to take possession
of said property and place in possession
the party entitled thereto.
68. Execution …
4. If settlement or award directs a party
to execute a conveyance of land, or to
deliver deeds or other documents, or
to perform any other specific act and
the party fails to comply within the time
specified, the Punong Barangay may
direct the Lupon Secretary to perform
the act at the cost of the disobedient
party and the act when so done shall
have like effects as if done by the
party.
69. Property Exempt from Execution
a. Debtor’s FAMILY HOME.
b. TOOLS and IMPLEMENTS necessary used by
him in his trade or employment.
c. 2 horses, or 2 cows, or 2 carabaos or other
beasts of burden, as the debtor may select,
and necessary used by him in his occupation.
d. His necessary CLOTHINGS and that of his
family.
e. Household furniture and utensils necessary for
housekeeping.
70. Execution …
f. Provisions for individuals or family
use sufficient for 4 months.
g. Professional libraries of Attorneys,
Judges, Physicians, Pharmacists,
Dentists, Engineers, Surveyors,
Clergymen, Teachers, and other
professionals.
h. One (1) fishing boat, net and other
fishing paraphernalia of the party
obliged, who is a fisherman.
71. Execution …
i. Earnings of the party obliged for his
personal services within the month
preceding the levy as are necessary for the
support of his family.
j. Proceeds from Life Insurance not
exceeding Php100,000.00.
k. Right to receive legal support or money or
property obtained as such support, or any
pension or gratuity from the government.
l. Lettered Gravestone.
m. Copyrights and other properties especially
exempted by law.