KATARUNGANG
PAMBARANGAY
---------------------------------
CONSTITUTION OF THE LUPON
(Secs. 399 & 400, LGC;
Sec. 1, Rule III, KPR)
Within 15 days from the start of PBs Term,
determine 10 to 20 members
Post Notice to constitute lupon which shall include
names of proposed members who are residing or
working in the barangay. For this purpose, he shall
determine their suitability to the task of conciliation
considering
their
INTEGRITY,
IMPARTIALITY,
INDEPENDENCE OF MIND, SENSE OF FAIRNESS
and reputation for PROBITY
SUBJECT MATTER FOR AMICABLE
SETTLEMENT OF DISPUTES
(Sec. 408, LGC; Sec. 2, Rule 6, KPR)
The Lupon shall have authority to bring together the
parties actually residing in the same city or municipality for
amicable settlement of all disputes except:
Where one party is the government, or any subdivision or
instrumentality thereof
Where one party is a public officer or employee, and the
dispute relates to the performance of his official functions
Offenses punishable by imprisonment exceeding
1 year or a fine exceeding P5,000.00
Offenses where there is no private offended party
Where the dispute involves real properties located
in different cities or municipalities
Disputes involving parties who actually reside in
barangays of different cities or municipalities,
except where such barangay units adjoin each
other
OTHER
CASES
THAT
ARE
NOT
WITHIN
THE
JURISDICTION OF THE LUPON (ADMINISTRATIVE
CIRCULAR NO. 14-93 / GUIDELINES ON THE KATARUNGANG
PAMBARANGAY CONCILIATION PROCEDURE TO PREVENT
CIRCUMVENTION
OF
THE
REVISED
KATARUNGANG
PAMBARANGAY )
-Where the dispute arises from the Comprehensive
Agrarian Reform Law (CARL)
-
Labor disputes or controversies
-Violation of the Anti-Graft and Corrupt Practices Act
(RA 3019)
-Cases of VAWC (RA 9262)
VENUE
(Sec. 409, LGC;
Sec. 3, Rule 6, KPR)
Disputes between persons actually residing in the same
barangay shall be brought for amicable settlement
before the lupon of said barangay
Those involving actual resident 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 selection of the
complainant
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
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
NOTE
The Lupon has no authority to settle a dispute
when one of the parties is a resident of another city
or municipality.
(DOJ OP 72, s. 1982)
All respondents must be residents of the same city
or municipality, otherwise the complaint must be
filed directly in court.
(Candido v Contreras; GR No. 101328, 4/7/93)
NOTE
If a case covered by KP is brought directly to
court, the same will be dismissed.
However, if the case is accepted by the court
and the respondent failed to invoke the premature
filing, such failure would constitute a waiver .
Fernandez v Militante (GR No. L-59801; 5/31/88)
Banares v Balising (GR No. 132624; 3/13/2000)
PROCEDURE FOR
AMICABLE SETTLEMENT
(Secs. 410-419, LGC; Rule 6-8, KPR)
(Mediation Proceedings)
PUNONG BARANGAY
Complainant
Files a complaint (KP Form 7)
Pays the filing fee
Notice of Hearing (KP Form 8; Initial
Hearing should be within 5 days from
service of summons to respondent)
(Next Working Day)
PUNONG BARANGAY
SUMMON THE RESPONDENT
(KP Form 9)
ATTACHES A COPY OF COMPLAINT
SUBPOENA THE WITNESSES
(KP Form 13)
DILG Opinion No. 13, s. 2004
February 10, 2004
(Reiterated in DILG OPINION NO. 162 S. 1999)
The imposition of filing fees is legally justified per the provisions
of Section 410 (a) of the LGC which reads:
Sec. 410. Upon payment of the appropriate filing fee, 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.
Corollary thereto, Rule VI, Sec. 4 of the KPR provides:
Proceedings for settlement shall be commenced by verbal or
written complaint to the Punong Barangay XXXXX upon payment of the
filing fee in the amount of not less than 5 Pesos nor more than 20 Pesos.
Hearing for Amicable Settlement
(Mediation Proceedings)
within 15 days
PUNONG BARANGAY
BARANGAY
SECRETARY
COMPLAINANT
RESPONDENT
WITNESSES
WITNESSES
DILG Opinion No. 76, s. 2001
May parties to a case before the Lupon Tagapamayapa be
represented by a third person in the course of hearings?
Section 415 of the LGC provides that in all katarungang
pambarangay proceedings, the parties must appear in person without
the assistance of counsel or representative except for minors and
incompetents who may be assisted by the next-of-kin who are not
lawyers.
This is in conjunction with Section 412 of the same Code
which pertinently provides that there must be a confrontation
between the parties before the lupon chairman or the pangkat.
IF BOTH PARTIES COME TO AN
AGREEMENT
(mediation is successful)
THEY REDUCE THE AGREEMENT INTO
WRITING (KP Form 16) AND COME UP WITH
AN AMICABLE SETTLEMENT TO BE SIGNED
BY BOTH OF THEM, WHICH SHALL BECOME
FINAL AND EXECUTORY UPON THE LAPSE
OF TEN DAYS FROM SETTLEMENT.
SANCTIONS FOR
NON-APPEARANCE
If the erring party is the COMPLAINANT, the Lupon Chairman
shall:
Direct complainant to explain (KP FORM 18)
Dismiss the complaint
Direct the issuance of, and attest to, the certification to bar the
filing of the action in any court or any government office
Apply with the local trial court for his/her punishment for indirect
contempt
SANCTIONS FOR
NON-APPEARANCE
If the erring party is
Chairman shall:
the RESPONDENT, the Lupon
Direct Respondent to explain (KP FORM 19)
Dismiss the counterclaim
Direct the issuance of, and attest to, the certification to
bar the filing of the counterclaim in any court or any govt.
office
Apply with the local trial court for his/her punishment for
indirect contempt
Set a date for the parties to appear before him for the
constitution of the Pangkat
IF MEDIATION IS NOT
SUCCESSFUL,
The Lupon Chairman shall:
Constitute the Pangkat
(KP Form 10 & 11)
Set the date, time for the initial hearing of the
dispute by the Pangkat, which shall not be later
than three (3) days from its constitution (KP
Form 12)
HOW THE PANGKAT IS CONSTITUTED
If Mediation fails, he shall set the time and
date for the parties to choose the Pangkat
Parties shall agree and select from among the
Lupon Members to constitute the Pangkat
In case the parties do not agree, or one or
both are absent during the date and time for
the constitution, the Punong barangay shall
choose the Pangkat by drawing of lots
DILG Opinion No. 70, s. 2001
(Reiterated in DILG Opinion No. 91, s. 2004)
KP involves two (2) stages. The first stage, parties are
summoned to appear before the Punong Barangay for initial mediation.
The second stage, in the event that the Punong Barangay fails to
amicably settle the parties, the complaint is referred to the Pangkat to
be constituted by the Punong Barangay.
But see Diu v Pagba (GR No. 115213 12/19/95);
Zamora v Isquerdo (GR No. 146195 11/8/04)
Confrontation is enough compliance
To refer dispute to pangkat will only delay further its resolution
by the trial court.
NOTE
In the event the Punong Barangay is
unable to perform his duties as Lupon
Chairman, said duties shall be performed
by the officer succeeding the Punong
Barangay pursuant to the Rule on
Succession under the LGC of 1991.
Sec. 6, Rule 4, KPR
CONCILIATION PROCEEDINGS
(within 15 days)
PANGKAT CHAIRMAN
PANGKAT MEMBER
PANGKAT SECRETARY
COMPLAINANT
RESPONDENT
WITNESS
WITNESS
IF BOTH PARTIES COME TO AN
AGREEMENT
(Conciliation is successful)
THEY REDUCE THE AGREEMENT INTO
WRITING AND COME UP WITH AN AMICABLE
SETTLEMENT (KP Form 16) TO BE SIGNED
BY BOTH OF THEM, WHICH SHALL BECOME
FINAL AND EXECUTORY UPON THE LAPSE
OF TEN DAYS FROM SETTLEMENT
ARBITRATION
The Parties to the dispute may at
any stage of the proceeding, agree in
writing (KP Form 14) that they resort
to arbitration before the Punong
barangay during mediation or before
the Pangkat Tagapagkasundo during
conciliation
Arbitration is a one-step settlement
procedure.
If
arbitration
is
conducted
before
the
lupon
chairman, the dispute ends there. It
does not go down to the Pangkat
anymore, unlike in mediation where
the constitution of the Pangkat is
mandatory.
Execution
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.
DILG Opinion No. 106, s. 2000
The execution by the Lupon may be made within 6
months from date of settlement or date of receipt of
arbitration award or from date the obligation stipulated in the
settlement or adjudged in the arbitration would become due
and demandable.
After the lapse of 6 months, the Lupon cannot anymore
order the execution and, therefore, an action for execution
must be filed before the appropriate local city or municipal
court. The courts referred to are the Municipal Trial Courts,
Municipal Circuit Trial Courts, Municipal Trial Courts in Cities
or Metropolitan Trial Courts.
REPUDIATION
Repudiation of Settlement (KP Form 17) - Any
party may within 10 days from the date of the
settlement, repudiate the same by filing with the
Punong Barangay a sworn statement, where the
consent is vitiated by fraud, violence, or
intimidation. Such repudiation shall be sufficient
basis for the issuance of the certification for filing
a complaint in court or any government office for
adjudication.
Failure to repudiate the settlement within the
aforesaid time shall be deemed a waiver of the
right to challenge on said grounds.
Repudiation of Agreement for Arbitration (KP
Form 17) Any aggrieved party to an agreement
for arbitration may within 5 days from date thereof,
repudiate the same by filing with the Punong
Barangay or the Pangkat Chairman a sworn
statement
repudiating the agreement on the
ground that his consent thereto was obtained and
vitiated by fraud, violence or intimidation.
Failure to repudiate the arbitration agreement
within the aforesaid time limit shall be deemed
waiver of the right to challenge on said grounds.
Thank you!
