Barangay Justice System
(Katarungang
Pambarangay)
An alternative, community-based
mechanism in the Philippines
Overview
The barangays are the smallest political subdivisions in the Philippines. The Katarungang
Pambarangay (KP) or Barangay Justice System (BJS) is an alternative, community-based
mechanism for dispute resolution of conflicts between members of the same community.
The BJS provides a venue for disputing parties to search for a mutually acceptable solution.
Other members of the communities act as intermediaries, facilitating the discussion of
possible solutions.
The BJS formalized the Filipino tradition to seek help of community elders or tribe leaders in
resolving disputes between members of the same community, and uses the Punong Barangay
(highest elected official in a barangay) and the Lupon members (committee of respected
community members).
It is only when the BJS has failed to resolve the dispute that the parties are allowed to bring
their case to court.
How does it work?
Mediation
A complaint is filed in the Lupon (committee) at a minimal filing fee. The Punong Barangay
facilitates the mediation process and explains the process, objectives and rules of the
mediation. Each party is given time to explain their point of view. If no settlement is reached
following the mediation, the parties can try to resolve their dispute through conciliation.
Conciliation
The conciliators (Pangkat Tagapagkasundo) are known and respected by both parties in the
dispute, and are constituted by the Punong Barangay from the Lupon. The three members of
the Pangkat are chosen by the parties. The Pangkat shall hear both parties and explore the
possibilities for amicable settlement. The amicable settlement reached in conciliation has the
force and effect of a final judgment of a court and can be enforced within 6 months from the
date of settlement by filing a motion in court.
If no settlement is reached, the parties can use a certification to file action for filing a case in
court.
Arbitration
Arbitration can take place at any stage of the proceedings, as long as both parties agree in
writing to abide by the arbitration award of the Lupon or Pangkat.
Who can access it?
Individual residents of Barangay can file a complaint to their Punong Barangay. If the parties
are from different barangays, the dispute will be settled in the barangay at the choice of the
complainant. Cooperatives or people’s organizations can go directly to court without
mediation or conciliation.
Enforcement
If a settlement is reached through either mediation, conciliation or arbitration, and the party
has not complied with the settlement or arbitration award, the Punong Barangay executes the
settlement by taking possession of sufficient personal property of the party obliged, which
can be sold and the proceeds applied to the amount.
Appeal
An amicable settlement has force and effect of a final judgment of a court after ten days from
the date of the settlement, unless a protest or repudiation of the settlement is made. Only
when the BJS has failed to resolve the dispute, can the parties bring their case to court.
References
Katarungang Pambarangay Handbook
Department of the Interior and Local Government – Republic of the Philippines
CASES UNDER KATARUNGANG PAMBARANGAY:
Unlawful use of means of publication and unlawful utterances (art. 154);
Alarms and scandals (art. 155);
Using false certificates (art. 175);
Using fictitious names and concealing true names (art. 178);
Illegal use of uniforms and insignias (art. 179);
Physical injuries inflicted in a tumultuous affray (art. 252);
Giving assistance to consummated suicide (art. 253);
Responsibility of participants in a duel if only physical injuries are
inflicted or no physical injuries have been inflicted (art. 260);
Less serious physical injuries (art. 265);
Slight physical injuries and maltreatment (art. 266);
Unlawful arrest (art. 269);
Inducing a minor to abandon his/her home (art. 271);
Abandonment of a person in danger and abandonment of one’s own
victim (art. 275);
Abandoning a minor (a child under seven [7] years old) (art. 276);
Abandonment of a minor by perons entrusted with his/her custody;
Indifference of parents (art. 277);
Qualified tresspass to dwelling (without the use of violence and
intimidation). (art. 280);
Other forms of tresspass (art. 281);
Light threats (art. 283);
Other light threats (art. 285);
Grave coercion (art. 286);
Light coercion (art. 287);
Other similar coercions (compulsory purchase of merchandise and
payment of wages by means of tokens). (art. 288);
Formation, maintenance and prohibition of combination of capital or
labor through violence or threats (art. 289);
Discovering secrets through seizure and correspondence (art. 290);
Revealing secrets with abuse of authority (art. 291);
Theft (if the value of the property stolen does not exceed p50.00). (art.
309);
Qualified theft (if the amount does not exceed p500). (art. 310);
Occupation of real property or usurpation of real rights in property (art
312);
Altering boundaries or landmarks (art. 313);
Swindling or estafa (if the amount does not exceed p200.00). (art. 315);
Other forms of swindling (art. 316);
Swindling a minor (art. 317);
Other deceits (art. 318);
Removal, sale or pledge of mortgaged property (art. 319);
Special cases of malicious mischief (if the value of the damaged
property does not exceed p1,000.00). (art 328);
Other mischiefs (if the value of the damaged property does not exceed
p1,000.00). (art. 329);
Simple seduction (art. 338);
Acts of lasciviousness with the consent of the offended party (art 339);
Threatening to publish and offer to prevent such publication for
compensation (art. 356);
Prohibiting publication of acts referred to in the course of official
proceedings (art. 357);
Incriminating innocent persons (art. 363);
Intriguing against honor (art. 364);
Issuing checks without sufficient funds (bp 22);
Fencing of stolen properties if the property involved is not more than
p50.00 (pd 1612).
