Katarungang Pambarangay Law (PD 1508)

Purpose: Venue of Barangay Conciliation

1. Reduce the number of court litigations;
2. Prevent the deterioration of the quality of justice Dispute Venues
which has been brought by the indiscriminate Between persons Before the lupon of said
filing of cases in the courts residing in the same barangay
barangay
Involving residents of In the barangay where
In relation to RA 7160, parties are required to undergo a different barangays within the respondent or any of
conciliation process before the lupon chairman or the same city or the respondents reside at
pangkat ng tagapagkasundo as a precondition or filing a municipality the election of the
complaint in Court. complainant
Involving real property or In the barangay where
any interest therein the real property or any
Exception to the Rule on Referral of the Case to the part thereof is situated
Barangay: Arising at workplace In the barangay where
1. Where one party is the government, or any where the contending such workplace or
subdivision or instrumentality thereof; parties are employed or institution is located
2. Where one party is a public officer or employee, at the institution where
and the dispute relates to the performance of his such parties are enrolled
official functions; for study
3. Offenses punishable by:
a. Imprisonment > one year, or
b. Fine > P5,000; Q: Who may initiate an action?
4. Offense where there is no private offended A: Any individual who has a cause of action against
party; another individual involving any matter within the
5. Where the dispute involved real properties authority of the lupon
located in different cities or municipalities unless
the parties thereto agree to submit their Q: What are the duties of the lupon chairman?
differences to amicable settlement by an A: The lupon chairman shall:
appropriate lupon; 1. Summon the respondents with notice to the
6. Disputes involving parties who actually reside in complainant for them and their witnesses to
barangays of different cities or municipalities appear before him for a mediation of their
a. Except where such barangay units conflicting interests;
adjoin each other and the parties thereto 2. If he fails in his mediation effort within 15 days
agree to submit their differences to from the first meeting of the parties before him,
amicable settlement by an appropriate he shall forthwith set a date for the constitution
lupon; of the pangkat in accordance with the provisions
7. Such other classes of disputes which the of this chapter
President may determine in the interest of
justice or upon the recommendation of the Q: What is the effect of the pendency of the mediation,
Secretary of Justice; conciliation or arbitration?
8. Where the accused is under detention; A: The prescriptive periods of offenses and cause of
9. Where a person has otherwise been deprived of action under existing laws shall be interrupted.
personal liberty calling for habeas corpus
proceedings; Q: When does the prescriptive period resume?
10. Where actions are coupled with provisional A: Upon receipt by the complainant of the certificate of
remedies such as: repudiation or of the certification to file action issued by
a. Preliminary injunction the lupon or pangkat secretary. (Such interruption shall
b. Attachment not exceed 60 days from the filing of the complaint)
c. Delivery of personal property
d. Support pendete lite Q: What are the duties of the pangkat?
11. Where the action may otherwise be barred by A: They shall:
the statute of limitations; 1. Convene not later than three days from its
12. Labor Cases; constitution, on the day and hour set by the
13. Disputes involving members of indigenous lupon chairman;
cultural communities; 2. Hear both parties and their witnesses;
14. Disputes involving violation of Comprehensive 3. Simplify issues; and
Agrarian Reform Act. 4. Explore all possibilities for amicable settlement.

Q: What are the powers of the pangkat?

A: They may exercise the following powers:
1. Issue summons for the personal appearance of
parties and witnesses before it;
2. In the event that a party moves to disqualify any
member of the pangkat by reason of
relationship, bias, interest, or any other similar
grounds discovered after the constitution of the
pangkat, the matter shall be resolved by the
affirmative vote of the majority of the pangkat
whose decision shall be final

Q: What is the time frame within which the pangkat

should arrive at a settlement?
A: Within 15 days from the day it convenes. This shall be
extendible for another period which shall not exceed 15
days

Requirements for the issuance of a certificate to file

action:
1. Issued by the Lupon Secretary and attested by
the Lupon Chairman
2. Issued by the Pangkat Secretary and attested by
the Pangkat chariman
3. Issued by the Punong Barangay, as requested
by the proper party on the ground of failure of
settlement where the dispute involves members
of the same indigenous cultural community
which shall be settled in accordance with the
customs and traditions of that particular cultural
community.

Q: What is the nature of the amicable settlement and

arbitration award?
A: The amicable settlement and arbitration award shall
have the force and effect of a final judgment of a court
upon the expiration of 10 days from the date thereof,
unless:
1. Repudiation of the settlement has been made
2. Petition to nullify the award has been filed with
the proper city or municipal court.

Q: When can an amicable settlement or arbitration

award be enforced?
A: Amicable settlement entered into by the parties
therein or arbitration award may be enforced in the
following manner:
1. Execution by the lupon within six months from
the date of settlement
2. After the lapse of such time, the settlement may
be enforced by action in the appropriate city or
municipal court.

Q: How will repudiation be made?

A: By filing with the lupon chairman a statement to that
effect sworn to before him where the consent is vitiated
by fraud, violence or intimidation.

Q: What is the effect of the filing of the repudiation?

A: It shall be a sufficient basis for the issuance of the
certification for filing of a complaint.

Revised Rules of Procedures for Small Claim Cases
Section 2: Scope. – These Rules shall govern the
procedures in actions before the:
 MeTCs
 MTCs in cities
 MTCs and
 MCTCs
For payment of money where value of the claim does not
exceed P200,000 exclusive of interest and costs.
Section 3: Objectives:
 To protect and advance the constitutional right of
persons to a speedy disposition of their cases;
 To provide a simplified and inexpensive
procedure for the disposition of small claims
cases; and
 To introduce innovations and best practices for
the benefit of the underprivileged.
Section 5: Applicability. – MeTC, MTC in cities, MTC and
MCTC shall apply this rule in all actions that are purely
civil and nature where the claim or relief prayed for by
the plaintiff is solely for payment or reimbursement of
sum of money.
The claim of demand may be:
 For money owed under any of the following:
o Contract of lease
o Contract of loan
o Contract of services
o Contract of sale
o Contract of mortgages
 For liquidated damages arising from contracts
 The enforcement of a barangay amicable
settlement or an arbitration award involving a
money claim covered by this Rule pursuant to
Section 417 of RA 7160, otherwise known as the
LGC of 1991.
Section 6: Commencement of Small Claims Action. – A
small claims action is commenced by filing with the court
an accomplished and verified Statement of Claim in
duplicate, accompanied by:
 A certification against forum shopping
 Splitting a single cause of action and
 Multiplicity of Suits and
 2 duly certified photocopies of the actionable
documents
 And other evidence to support the claim.
No evidence shall be allowed during the hearing which
was not attached to or submitted together with the
Statement of Claim, unless good cause is shown for the
admission of additional evidence.
The plaintiff must state in the Statement of Claim if
he/she/it is engaged in the business of:
 Lending
 Banking and
 Similar activities and
 The number of small claims cases filed within
the calendar year regardless of juridical station.
No formal pleading, other than the Statement of Claim/s
described in this Rule, is necessary to initiate a small
claims action.
Section 7: Venue. – The regular rules on venue shall
apply.
However, if the plaintiff is engaged in the business of
LBS, and has a branch within the municipality or city
where the defendant resides, the Statement of Claim/s
shall be filed where that branch is located.
Section 8: Joinder of Claims. – Plaintiffs may join in a
single statement of claim one or more separate small
claims against a defendant provided that the total
amount claimed, exclusive of interest and costs, does
not exceed P200k.
Section 10: Payment of Filing Fees. – If more than 5
small claims are filed by one party within the calendar
year, regardless of the judicial station, an additional filing
fee of:
 500 shall be paid for every claim filed after the
5th claim and
 additional 100 or a total of 600 for every claim
after the 10th claim and
 another 100 or a total of 700 for every claim
after the 15th claim, progressively and
cumulatively
If the plaintiff is engaged in the business of BLS, the
amount of filing fees shall be the same as those
applicable to cases filed under the regular rules.
Section 11: Dismissal of the Claim.
1. After the court determines that the case falls
under these Rules, it may from an examination
of the allegations of the Statement of Claim/s
and such evidence attached thereto, by itself
dismiss the case outright on any of the
grounds for the dismissal of the case. The
order of dismissal shall state it if it is with or
without prejudice.
2. If, during the hearing, the court is able to
determine that there exists a ground for
dismissal of the Statement of Claim/s, the court
may, by itself, dismiss the case even if such
ground is not pleaded in the defendant’s
response.
3. If plaintiff misrepresents that he/she/it is not
engaged in the business of BLS when in fact
he/she/it is so engaged, the Statement of
Claim/s shall be dismissed with prejudice and
plaintiff shall be meted the appropriate
sanctions, such as direct contempt.
4. However, if the case does not fall under this
Rules, but falls under summary or regular
procedure, the case shall not be dismissed.
Instead, the case shall be re-docketed under the
appropriate procedure, and returned to the court
where it was assigned, subject to payment of
 any deficiency in the applicable regular rate of
filing fees.
5. If a case is filed under the regular or summary
procedure, but actually falls under this Rule, the
case shall be referred to the Executive Judge for
appropriate assignment.
Section 12: Summons and Notice of Hearing
 If no ground for dismissal is found, the court
shall forthwith issue Summon on the day of
receipt of the Statement of Claim/s directing the
defendant to submit a verified response.
 The court shall also issue a notice of hearing to
both parties, directing them to appear before it
on a specific date and time for hearing, with a
warning that no unjustified postponement shall
be allowed, as provided in Section 21 of this
Rule.
 This summons to be served on the defendant
shall be accompanied by a copy of the
Statement of Claim/s and documents submitted
by plaintiff, and a blank response form to be
accomplished by the defendant.
 A notice of hearing shall accompany the
summons and shall contain:
o The date of the hearing
 Which shall not be more than 30
days from filing of the statement
of claim/s and
 Express prohibition against the
filing of a motion to dismiss or
any other motion under section
16 of this rule.
 If summon is returned without being served on
any or all of the defendants, the court shall order
the plaintiff to cause the service of summons
and shall inform the court within 30 days from
notice if said summons was served or not;
otherwise, the SOC shall be dismissed without
prejudiced as to those who were not served with
summons.
Section 13: Response. – The defendant shall file with
the court and serve on the plaintiff a duly accomplished
and verified response within a non-extendible period of
10 days from receipt of summons.
Section 14: Effect of Failure to File Response.
1. Should the defendant fail to file his/her/its
response within the required period, and
likewise fail to appear on the date set for
hearing, the court shall render judgment on the
same day, as may be warranted by the facts
alleged in the SOC.
2. Should the defendant fail to file his/her/its
response within the required period but appears
on the date set for hearing, the court shall
ascertain what defense he/she/it has to offer
which shall constitute his/her/its response, and
proceed to hear and adjudicate the case on the
same day as if a response has been filed.
Section 16: Prohibited Pleadings and Motions. The
following pleadings, motions, or petitions shall not be
allowed in the cases covered by this Rule:
 Motion to dismiss the SOC
 Motion for a BOP
 Motion for new trial, or for reconsideration of a
judgment, or for reopening of trial
 Petition for relief from judgment
 Motion for extension of time to file pleadings,
affidavits, or any other paper
 Memoranda
 Petition for certiorari, mandamus, prohibition
against any interlocutory order issued by the
court
 Motion to declare the defendant in default
 Dilatory motions for postponement
 Reply and rejoinder
 Third party complaints
 Interventions
Section 19: Appearance of Attorneys not allowed.
Rules on Summary Procedure
Section 1: Scope:
 Civil Cases:
o In all cases of forcible entry and
unlawful detainer irrespective of the
amount of damages or unpaid rentals
sought to be recovered. Where the
attorney’s fees are awarded, the same
shall not exceed P20k.
o All other cases, except probate
proceedings, where the total amount of
plaintiff’s claim does not exceed 100k or
200k in Metropolitan Manila, exclusive
of interest and costs.
 Criminal cases
o Violations of traffic laws, rules and
regulations.
o Violations of the rental law
o Violations of municipal or city
ordinances
o All other criminal cases where the
penalty prescribed by law for the offense
charged is imprisonment not exceeding
6 months, or a fine not exceeding 1k, or
both irrespective of other imposable
penalties, accessory or otherwise, or of
the civil liability arising therefrom
 Provided that in offenses
involving damage to property
through criminal negligence, this
rule shall govern where the
imposable fine does not exceed
10k.