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Barangay Justice Training 2024 Guide

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0% found this document useful (0 votes)
65 views22 pages

Barangay Justice Training 2024 Guide

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

KATARUNGANG

PAMBARANGAY
BASIC TRAINING
2024
VICTORIA JESSICA R. PADOLINA
LGOO VI-MLGOO
INTRODUCTION
The KATARUNGANG PAMBARANGAY
Barangay Justice System
 is a community-based dispute settlement mechanism
that is administered by the basic political unit of the
country, the barangay.
As a community based mechanism for dispute
resolution, it covers disputes between members of the
same community (generally, same city/municipality)
 and involves the Punong Barangay and other members
of the communities (the Lupon members) as
intermediaries - mediators, conciliators, and, sometimes,
arbitrators).
When PD 1508 first decreed the
LEGAL BASIS. setting up of the Barangay Justice
System, the law had the following
• The establishment and operation objectives:
of the Barangay Justice System
is mandated by Republic Act
No. 7160 or the Local  To promote the speedy
Government Code of 1991. administration of justice
• Prior
to this law, however, the  To minimize the indiscriminate
establishment of the Barangay filing of cases in courts
Justice System had been  To minimize the congestion of
covered by Presidential Decree
1508 in 1978 and Batas court dockets and thereby
Pambansa Blg. 337 or the 1983 enhance the quality of justice
Local Government Code dispensed by the courts
 To perpetuate and recognize the
time-honored tradition of
amicably settling disputes at the
community leve
Simply put, the Barangay Justice System
provides a friendly, inexpensive, and
speedy forum for the settlement of disputes
where the parties can freely explore
options for amicably resolving their disputes
without resorting to the courts
In some areas where the courts are
inaccessible, both because of location and
because of the prohibitive costs of
litigation, the Barangay Justice System,
with all its limitations, can be the only
venue that the poor can avail of for the
resolution of their disputes
The Barangay Justice System is also
envisioned to complement the courts
in administering justice.
 For cases that are covered by the Barangay Justice
System, it is compulsory for the parties to go through the
Barangay Justice System proceedings first before going to
court.
Failure to do so would mean the dismissal of the parties’
claim or counterclaim.
It is only when the Barangay Justice System has failed to
resolve the dispute that the parties will be allowed to bring
their case to court
POLICIE
S TO: ALL REGIONAL TRIAL COURTS,
METROPOLITAN TRIAL COURTS,
MUNICIPAL TRIAL COURTS AND
MUNICIPAL CIRCUIT TRIAL COURTS
Supreme Court issued
Administrative Circular SUBJECT: GUIDELINES ON THE
No. 14-93 on July 15, KATARUNGANG PAMBARANGAY
1993 directing the courts CONCILIATION PROCEDURE TO
to ensure compliance with PREVENT CIRCUMVENTION OF THE
REVISED KATARUNGANG
the requirement of prior PAMBARANGAY LAW (SECTIONS 399-
recourse to the Barangay 422, CHAPTER VII, TITLE I, BOOK III, R.A.
Justice as a condition for 7160. OTHERWISE KNOWN AS THE
filing a complaint in court LOCAL GOVERNMENT CODE OF 1991).
for cases that are covered
by the system
FILIPINO TRADITIONS AND PRACTICES
The Barangay Justice System
maximizes the use of time-honored traditions and practices of
communities in settling disputes between community
members.
Filipinos traditionally resort to the help of older members of
the family, community elders, or tribe leaders in resolving
disputes between members of the same family or
community.
This is the common practice that is recognized and formalized by
the Barangay Justice System. In lieu of family members, community
elders, or tribe leaders, the Barangay Justice System uses the
Punong Barangay and the Lupon Members, who are
appointed
WHAT IF THE PUNONG
BARANGAY FAILS TO
ORGANIZE THE LUPON?
HE/SHE CAN BE CHARGED OF
NEGLECT OF DUTY AND BE
IS IT ONLY THE PUNONG SUBJECTED TO
BARANGAY WHO HAS THE ADMINISTRATIVE SANCTIONS
AUTHORITY TO
CONSTITUTE THE LUPON. WHEN AND HOW CAN
THE PUNONG BARANGAY PB CONSTITUTE THE
CAN APPOINT THE LUPON LUPON?
MEMBERS. IT IS HIS/HER
EXCLUSIVE PREROGATIVE WITHIN FIFTEEN (15) DAYS FROM THE
— NO NEED FOR START OF OUR TERM AS PUNONG
APPROVAL, BARANGAY, WE SHOULD ISSUE A NOTICE
CONFIRMATION OR TO CONSTITUTE THE LUPON AND PREPARE
RATIFICATION OF THE THE LIST OF THE NAMES OF PROPOSED
SANGGUNIANG LUPON MEMBERS. A MINIMUM OF TEN
BARANGAY MAXIMUM OF TWENTY MEMBERS
BARANGAY SECRETARY, WHO IS ALSO THE
CONCURRENT SECRETARY OF LUPON,
SHALL PREPARE A NOTICE TO CONSTITUTE
THE LUPON USING KP FORM 1
MEDIATION THROUGH
THE LUPON
CHAIRPERSON WHAT IF ONLY ONE OF
THE INVOLVED PARTIES
ARE FROM MY
BARANGAY?

IN THIS CASE, THE


DISPUTE WILL BE
SETTLED IN THE
BARANGAY WHERE THE
NOW, WHAT IF ANY OF THE RESPONDENTS
INVOLVED PARTIES IS
INCOMPETENT OR A OR ONE OF THE
MINOR? RESPONDENTS RESIDE AT
WELL, HE/SHE SHOULD BE THE CHOICE OF THE
REPRESENTED BY A LEGAL COMPLAINANT.
GUARDIAN OR NEXT OF
KIN WHO IS NOT A LAWYER
CAN LUPON CHAIR MEDIATE
CASES INVOLVING
COOPERATIVES OR PEOPLE‛S
ORGANIZATION OPERATING IN
MY BARANGAY?

NO, I DON‛T THINK SO. A JURIDICAL PERSON OR


CORPORATION LIKE A COOPERATIVE CAN NOT FILE
A COMPLAINT BECAUSE IT IS NOT A PARTY TO
AMICABLE SETTLEMENT. ANY CASE INVOLVING
COOPERATIVE OR PEOPLE‛S ORGANIZATION CAN
GO DIRECTLY TO COURT WITHOUT GOING
THROUGH MEDIATION OR CONCILIATION
STEP 1
MEDIATION
THE FIRST STEP IN MEDIATING CASES?
 THE COMPLAINANT, WITH THE HELP
OF YOUR SECRETARY, WILL FILL UP KP
FORM 7.
A MINIMAL FILING FEE IS BEING
CHARGED AND PAID TO THE BARANGAY
TREASURER.
IT IS ALSO VERY IMPORTANT TO NOTE
THAT NO INDIVIDUAL CAN GO DIRECTLY
TO COURT OR ANY GOVERNMENT
OFFICE FOR ADJUDICATION OF HIS/HER
DISPUTE WITH ANOTHER INDIVIDUAL
ESPECIALLY IF THE MATTER IS WITHIN
YOUR JURISDICTION
STEP
2
• AFTER THE
COMPLAINANT HAS PAID
THE FILING FEE, WHAT IS
THE NEXT STEP?
WITHIN THREE (3)
DAYS,YOU SHOULD
ISSUE A NOTICE OF
HEARING TO THE
COMPLAINANT AND
SUMMON THE
RESPONDENT BOTH OF
WHOM SHOULD APPEAR
IN YOUR OFFICE
WHAT IF ANY OF THE PARTIES FAILED TO
APPEAR?

IF THE COMPLAINANT
CANNOTAPPEARBEFOREYOU WITHOUT
JUSTIFIABLECAUSE,HIS/HER
COMPLAINTWILLBE DISMISSED AND
EVENTUALLYHE/SHECANNOTFILEA
CASEINCOURT. HECAN ALSO BE
PUNISHED/REPRIMANDEDFOR
INDIRECTCONTEMPT.HOWEVER,IF THE
RESPONDENT CANNOTALSO APPEAR WITHOUT
JUSTIFIABLE CAUSE,HIS/HERCOUNTERCLAIMIF
THEREISANY,WILLBEDISMISSEDANDHEWILLB
E
BARREDFROMFILINGINCOURTANDBEPUNI
SHED FORINDIRECTCONTEMPTOFCOURT
HOW WILL TO RESOLVE THEIR
CASES?
As MEDIATOR you will
LISTEN TO BOTH PARTIES
CAREFULLY
you will not RESOLVE their
ISSUES it will be the parties
who shall find solution.
Within the period of 15 days,
otherwise if no solution
rendered LC shall refer to
Lupong Tagapagsundo
NOW,BEFORE LC ASK FURTHER
ON THEPANGKAT,AS
THEPUNONGBARANGAY,WHAT
WILLIDOIN
HANDLINGTHEIRCASESPROPER
LY?
BEFORETHEACTUALMEDIATION,
IT IS NECESSARY FOR YOU TO
KNOW THE PARTIES
INVOLVED AND THEIR
DIFFERENCES

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