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28NOV2016
Katarungang Pambarangay
Law Reviewer
posted in law, Uncategorized by Nikkitheexplorer
Katarungngang pambaranggay
Amicable settlement of disputes through conciliation proceedings voluntarily and freely entere
into by the parties.
Parties are not compelled to settle their controversy during the barangay proceedings befre the
lupon or the pangkat as they are free to instead find recourse in the courts in the event that no
true compromise is reached
Lupong tagapamayapa
Composition – Punong barangay as chairman
– 10 to 20 members
Ø 6: Posting
3. Possessing integrity, impartiality, independence of mind, sense of fairness and reputation for probi
Disqualifications:
Notice to – Must include names of proposed members who have expressed their willingness to serveà
constitute – Prepared by punong barangay within the first 15 days from the start of his term of office
– Notice shall be posted in 3 cospicuous places in the barangay continuously for a period of not less
Posting after – The appointment shall be posted in 3 conspicuous places during the entire duration of the term.
appointment
Indigenous – If majority are IG, local systems of settling disputes through their councils of datus or elders shall
cultural
communities
Term – Until new lupon is constituted on the third year following his appointment
Early 1. Resigned
termination 2. Transfer of residence or place of work
3. Withdrawal of appointment by the punong barangay witht the concurrence of majority of all memb
Vacancy – PB shall immediately appoint a qualified person who shall hold office only for the unexpired port
3. Exercise such other powers and perform such other duties and fucnctions as may be prescribed by
4. Withdrawal of appointment
6.
Function of 1. Keep and maintain a record book of all complaints field and numbered consecutiviely
sec of lupon 2. Note the results of mediation proceeding before the pb and submit report to local trial curt
3. Record the willful failure or refusal of a witness to comply with a sub poena
6. Transmit the settlement agreed upon by the parties to the proper court
7. Transmit arbitration award to the proper trial court within 5 days from the date thereof
8. Issue cert required for filing an action. Such cert shall show that a confrontation of the parties has t
conciliation or settlement has been reached
9. Issue cert for barring the complainant from filing a case or the respondent form filing a counterclai
10. Furning copies of the settlement or arbitration award to all the parties and to the PB
11. Issue certified true copies of any public record in his custody
The lupon is not a court but an administrative body with conciliation and arbitrational
functions and is under the executive branch
Where no certification that lupon has been organized, there is no need to refer case to the
katarungang pambarangay
Lupon’s primary function is to conciliate and not to adjudicate
Pangkat tagapagsundo
Composition – 3 members who shall be chosen by the parties to the dispute from the list of members of
the lupon
– If there is a failure to agree on the composition- lots draw by the lupon chairman
Function of – Prepare the minutes of the pangkat proceedings and submit a copy duly attested to by
secretary the chairman to the lupon secretary and the proper city or municipal court
Nature of – Constituted to assist the lupon in bringing about the amicable settlement of disputes
pangkat brought before the lupon
Character of – Lupon memebrs are deemd as persons in authority while in the performance of their
office official duties
With compensation. Incentives for members who adequately demonstrate the ability to
judiciously and expeditiously resolve cases referred to them
The members, whether in public or private employment, shall be deemed to be on official time
and shall not sufer from any diminution in compensation or allowance from employment
Conditions for lupon members as persons in authority
1. In their jursidction
2. While in the performance of their official duties
There can be direct assaults and indirect, and resistance and disobedience to persons in
authority for PB and members
The prosecutor or municipal legal officer shall render legal advice on matters involving
questions of law to the punong barangay or any lupon or pangkat member
PB/ members may seek a review by SOJ of any legal advice rendered by the prosi.
PB has authority over all disputes over parties actually residing in the same city or
municipality
XPN
Where one party is the government or any subdivision or instrumentality
One party is a public officer or employee, and the dispute relates to the performace of
his official function
Offenses pubnishable by imprisonment exceeding 1k or fine 5k
Offenses where there is no private offended party
Dispute involves real properties located in different cities, unless the parties agree to
submit their differences to amicable settlement
Disputes involving parties who actually resie in barangays of different cities or
municipalities,except IF SUCH BARANGAY UNITS ADJOIN EACH OTHER
AND THE PARTIES THERETO AGREE TO SUBMIT THEIR DIFFERENCES TO
AMICABLE SETTLEMENT
Other classes of dispues
Purpose of BC is to provide a conciliation mechanism as an alternative to litigations in
dispute settlements to members of the corresponding barangays who are actually residing
therein
A case involving civil status of a person is not among the cases where prior resort to brgy
is necessary.
Parties who actually reside in the same city or municipalit should bring their controversy
first to the barangay court for possible amicable settlement before filing complaint in
court
Where the government or its instrumentality is only one of the contending parties, a
confrontation should still be undertaken among the parties.
Although venue is generally determined by the residence of the parties, disputes involving
real property shall be brought in the barangay where the real property or any part thereof
is situated, notwithstanding tha the parties reside elsewhere within the same city or
municipality
Any complaint by or against corporations, partnerships or juridical entites are not included
since only individuals shall be parties to barangay conciliation proceedings either as
complainants and respondents.
Residence alone, without membership in said barangays would not be an accurate and
reliable criterion considering that such residence may be actual but merely temporary.
Residence in a barangay within the same municipality if only transient or temporary is not
enough to vest jurisdiction upon the brgy lupin
Requirement in residence and membership
Criminal fofenses covered by KPB
Not included:
Disputes where urgent legal action is necessary to prevent injustice from being committed or further
continued:
A party who stands to be benefited or injured by the judgment or ht eparty entitled to the avails
of suit
The lupon shall have no jurisdiction over disputes where the paries are not actual residents of
the same city or municipality except where the baranaay in which they actually adjoin each
other.
Procedure for amicable settlement
Mediation by – Summon of respondent wih notice to the complaiant for them and their witnesses
lupon chairman to appear before him
– If chair fails to mediate within 15 dys from first meeting
– Vacancy shall be filed [ either by choice of the parties or draw lots by the brgy
chair]
Procedure:
Cause of actionà payment of filing fees àsummon to respondent and witnesses à mediation by lupon
chairman for 15 days à failure à constitution of pangkat àpangkat will convene 3 days from constitution à
hear both parties and their witnesses àdecision 15 days from constitution à settlement or resolution
All amicable settlement shall be in writing in a language or dialect known to the parties,
signed by them and attested by the lupon or pangkat chair
At any stage of the proceedings, the parties may agree in writing to abide by the arbitration
award. May be repudiated within 5 days from date thereof where consent is viaited by fraud,
violence or intimidaton
Award shall be made after the lapse of 5 days from date thereof
Proceedings open to public except in the interst of privacy, decency or public morals
Amicable settlement or arbitration award may be enforced by execution by the lupon 6 months
from date of settlement. Thereafter, by action in the appropriate city
Any party may repudiate the settlement within 10 days from date thereof where consent is
viaited.
Meeting at the office of brgy chair for possible settlement is substantial compliance with
precondition for filing cases in court.
Where one party fails to appear for no justifiable reason convening pangkat serves no useful
purpose. à issue cert allowing complaint to bring controversy in court.
Re: prescription
Libel- 1 year
Special acts-
Mortgage- 10 years
1. Written contract
2. Obligation created by law
3. Upn a judgment
6 years
1. Oral contract
2. Quasi contract
4 years:
1.Enforcement of obligations to pay principal with interest- date of last payment of annuity or
interest
2. Actions to demand fulfillment of obligation- time the judgment became final
3. Actions to demand accounting- runs from the day the person who should render the same
cease in their functions
Form of settlement
Should be in writing
In a language or dialect known to the parties
Signed by them
Attested to by lupon chair or pangkat chair
The minutes of bgy conciliation proceedings is a substantial compliance on amicable
settlement
No complaint, petition, action or proceeding involving any matter within the authority of the
lupon shall be filed or instituted directly in court- unless there has been a confrontation
between the parties before the lupon or pangkat
When can parties go directly to court:
Payment of Party 5 days to make payment à PB will take possession of sufficient personal property located
money in the barangay à sale à if sufficient personal property exists, the party is allowed to point out
which of them shall be taken possession of. If insufficient, the deficiency shall be satisfied
according to ROC
Delivery of PB issuing notice shall authorize the PB where the bgy is situated to take possession of the
property property
located in
another bgy
Conveyance If there is failure, PB may direct lupon sec to perform the act at the cost of the disobedient party
of land
Any party to the dispute may within 10 days from date of settlement repudiate by filing with
the lupon chair a settlement to that effect sworn to before him, where the consent is viated by
fraud, violence or intimidation. Such repudiation shall be sufficient basis for the issuance of
the cert for filing complaint.
Sec shall transmit the settlement or arbi award to court within 5 days from the date of the
award or from the lapse of 10 day period repudiating the settlement
Copies shall be furnished to the parties
Who can administer oaths
PB as chair of lupon
Members of the pangkat
Only to matters relating to all proceedings in the implementation of PB.
The object of the KPB is to effect an amicable settlement of disputes among family and
barangay members at the barangay level without judicial recourse and consequently help
relieve the courts of docket congestion.
KP vs Pre trial
Objectons 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 objectiosn to venue herein referred to may be submitted to the
SOJ or his duly designated rep, whose ruling shall be binding.
The amicable settlement or arbitration award may be enforced by execution by lupon within 6
months from date of settlement. After the lapse of such time, the settlement may be enforced
by action in the appropriate city or municipal court. If the award does not exceed 200k, it may
be enforced under small claims.
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