Katarungang
Pambarangay
Q & A
Submitted by Jose Parcon
to PUP Office of Legal Aid
Q1: What is
Katarungang Pambarangay?
A: Katarungang Pambarangay is a system of amicably
settling disputes at the barangay level.
Q2: Who
constitutes the Katarungang Pambarangay?
A: Under Section 399 of the Local Government Code of
1991 (LGC), “There is hereby created in each barangay a lupong tagapamayapa,
hereinafter referred to as the lupon, composed of the punong barangay as
chairman and ten (10) to twenty (20) members.
Any person actually residing or working in the
barangay, not otherwise expressly disqualified by law, and possessing
integrity, impartiality, independence of mind, sense of fairness, and
reputation for probity, may be appointed as member of the lupon. (Sec. 399(b),
LGC)
Q3: Who
will appoint the members of the Lupon?
A: The punong barangay, taking into consideration any
opposition to the proposed appointment or any recommendations for appointments
as may have been made within the period of posting, shall within ten (10) days
thereafter appoint as members those whom he determines to be suitable
therefore. (Sec.399 (d) of LGC)
Q4: How
shall appointments to the Lupon be made?
A: Appointments shall be in writing, signed by the
punong barangay, and attested to by the barangay secretary. (Sec. 399(d) of
LGC).
Q5: What is
the term of office of a Lupon member?
A: Upon appointment, each Lupon member shall take his
oath of office before the Punong Barangay. He shall hold office until a new
lupon is constituted on the third year following his appointment, unless sooner
terminated by resignation, transfer of residence or place of work, or
withdrawal of appointment by the punong barangay with the concurrence of the
majority of all the members of the lupon. (Sec. 400, LGC)
Q6: What
are the functions of the Lupon?
A: Under Sec. 402 (LGC), the lupon shall:
(a)
Exercise
administrative supervision over the conciliation panels provided herein;
(b)
Meet regularly
once a month to provide a forum for matters relevant to the amicable settlement
of disputes, and to enable various conciliation panel members to share with one
another their observations and experiences in effecting speedy resolution of
disputes; and
(c)
Exercise such
other powers and perform such other duties and functions as may be prescribed
by law or ordinance.
Q7: Who
will be the hearing officers during a dispute brought before the lupon?
A: There shall be constituted for each dispute
brought before the lupon a conciliation panel to be known as the pangkat ng
tagapagkasundo, hereinafter referred to as the pangkat, consisting of three (3)
members who shall be chosen by the parties to the dispute from the list of
members of the lupon. (Sec. 404(a) of LGC)
Q8: What if
parties fail to agree on the pangkat membership?
A: Should the parties fail to agree on the pangkat
membership, the same shall be determined by lots drawn by the lupon chairman.
(Sec. 404(par.2), LGC).
Q9: How
shall the three-member pangkat function?
A: The three (3) members constituting the pangkat
shall elect from among themselves the chairman and the secretary. The secretary
shall prepare the minutes of the pangkat proceedings, duly attested to by the
chairman, and submit a copy to the Lupon secretary (concurrent barangay
secretary), and to the proper city or municipal court. The pangkat secretary
shall issue and cause to be served notices to the parties concerned. (Sec.
404(b), LGC).
Q10: What
is the character of office and service of lupon members?
A: Lupon members, while in the performance of their
official duties or on the occasion thereof, shall be deemed as persons in
authority, as defined in the Revised Penal Code. (Sec. 406(a), LGC).
The lupon or pangkat members shall serve without
compensation, except as provided for in Section 393 of LGC (honoraria and
allowances to barangay officials), and without prejudice to incentives.
Q11: Who
are mandated to provide legal advice to the barangay on matters involving
question of law?
A: The provincial, city legal officer or prosecutor
or the municipal legal officer shall render
legal advice on matters involving questions of law to the punong barangay or
any lupon member whenever necessary in the exercise of his functions in the
administration of the katarungang pambarangay. (Sec. 407, LGC).
Q12:
What is the governing law when it comes to mediation in the
Barangay?
A:
The Revised Katarungang Pambarangay Law found in
Sections
399 to 422, Chapter VII, Title I, Book III, and section
515,
Title I, Book IV, of Republic Act Number (RA) 7160
Otherwise
known as the Local Government Code of 1991.
Q13:
Do we have a “Barangay Court”?
A:
No. Barangay Officials do not have judicial powers. They are simply authorized
to do conciliation or mediation so that disputes that are within their
jurisdiction will no longer reach the courts and therefore will help in the
declogging of court dockets.
Q14:
What will happen if the settlement effort succeeds or fails?
A:
If settlement is reached, the case may no longer be elevated to court. If it
fails, the appropriate Barangay Authority will issue a corresponding
Certification to File Action (CFA) and the case may be filed with the court.
Problem
1: CFA was issued
alleging that no settlement was ever reached during mediation. During the
interview, the police investigator found out that the true reason why the CFA
was issued is that the party being complained of failed to comply with his
promise or obligation to pay during the confrontation. Is the police
investigator required to file the case in court?
A:
No. Settlement was already reached. The problem now is the failure of one party
to comply with his obligation in the settlement. Such compliance could be
exacted thru motion for execution to be filed with the Punong Barangay (within
six months from the settlement) or thru Execution by Court Action (after the
lapse of six months) in the Municipal Trial Court.
Problem
2:
In problem number 1, the complainant insisted to file a criminal case. He tore
the CFA and denounced having brought his complaint before the Barangay. Is the
police officer now duty bound to act on his complaint and file the case in
court?
A:
No. The complainant loses his right to prosecute after the settlement. Note:
The complainant did not follow the proper procedure in repudiating settlement
agreements prescribed in Katarungang Pambarangay Law.
Q15:
What are the cases cognizable by the Lupon?
A:
All disputes are subject to Barangay conciliation pursuant to the Revised
Katarungang Pambarangay Law and prior recourse thereto is a pre-condition
before filing a complaint in court or any government offices except in the
following disputes:
1. Where one party is the government, or any subdivision or
instrumentality thereof;
2.
Where
one party is a public officer or employee and the dispute relates to the
performance of his official functions;
3.
Where
the dispute involves real properties located in different cities or
municipalities, unless the parties thereto agree to submit their differences to
amicable settlement by an appropriate Lupon.
4.
Any
complaint by or against corporations, partnerships or juridical entities, since
only individuals shall be parties to barangay conciliation proceedings either
as complainant or respondents.
5.
Disputes
involving parties who actually reside in barangays of different cities or
municipalities, except where such barangay units adjoin each other and the
parties thereto agree to submit their differences to amicable settlement by an
appropriate lupon.
6.
Offenses
for which the law prescribes a maximum penalty of imprisonment exceeding one
(1) year or a fine of over five thousand pesos (P5 000);
7.
Offenses
where there is no private offended party;
8.
Disputes
where urgent legal action is necessary to prevent injustice from being
committed or further continued, specifically the following:
a. Criminal cases where the accused is under police custody or
detention;
b.
Petitions
for habeas corpus by a person illegally deprived of his rightful custody over
another or a person illegally deprived of or on acting in his behalf;
c.
Actions
coupled with provisional remedies such as preliminary injunction, attachment,
delivery of personal property and support during the pendency of the action;
and
d.
Actions,
which may be barred by the Statute of Limitations.
9. Any class of disputes which the President may determine in
the interest of justice or upon the recommendation of the Secretary of justice;
10.
Where
the dispute arises from the Comprehensive Agrarian Reform Law (CARL).
11.
Labor
disputes or controversies arising from employer-employee relations;
12.
Actions
to annul judgment upon a compromise, which may be filed directly in court.
Problem
3:
The PNP referred the complaint for non-payment of monthly installments of a
Collector of a motorcycle company to the Punong Barangay. Is the action of the
PNP proper?
A:
Not proper. Complaints made by or against corporations, partnerships or other
judicial entities shall not be accepted by Lupon Chairman [Sec 1 (b-1), Rule
III, Katarungan Pambarangay Rules].
Problem
4: If some of the contending parties are government subdivisions or
government officials while the others are not, is there a need to undergo mediation
in the Barangay?
A:
The Supreme Court in the case of GEGARE v. CA, G.R. No. 83907 promulgated
September 13, 1989, declared that the purpose of confrontation is to enable the
parties to settle their differences amicably. If the other only contending
party is the government or its instrumentality or subdivision
the
case falls within the exception but when it is only one of the contending
parties, a confrontation should still be undertaken among the other parties.
Q16:
Is it not that there is a prohibition to settle criminal cases?
A:
Yes, there is a prohibition but there is no obstacle to settle disputes. The
framers of the Katarungan Pambarangay Law consciously use the word” dispute”
rather than “case” in its provisions. Only those that were filed in court are
categorized as “cases” while those filed or referred in the Barangay are
considered “disputes”.
Q17:
Who will issue and what are the requirements in issuing a
Certification
to File Action?
A:
The PNP should entertain a certification for filing a complaint in court or any
government office if it is issued by the following Authorities and only if it
complies with the following requirements:
1.
Lupon Secretary and attested by the Lupon Chairman
(Punong
Barangay) - certifying that:
[a]
A confrontation of the parties has taken place and that a conciliation
settlement has been reached;
[b]
BUT the same has been subsequently repudiated;
2.
Pangkat Secretary and attested by the Pangkat
Chairman certifying that:
[a]
A confrontation of the parties took place but no conciliation/settlement has
been reached; OR
[b]
That no personal confrontation took place before the Pangkat through no fault
of the complainant.
3.
Punong Barangay if 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, or where one or more of the parties to the
aforesaid dispute belong to the minority and the parties mutually agreed to
submit their dispute to the indigenous system of amicable settlement, and there
has been no settlement as certified by the datu or tribal leader or elder to
the Punong Barangay of place of settlement (Secs. 1,4 & 5, Rule IX,
Katarungang Pambarangay Rules.
Q18:
What is the effect if the case is filed without having gone through mediation
in the Barangay when mediation is required?
A:
A case filed in court without compliance with prior Barangay conciliation which
is a pre-condition for formal adjudication may be dismissed upon motion of
defendant/s, not for lack of jurisdiction of the court but for failure to state
a cause of action or prematurity (Royales vs. IAC, 127 SCRA 470; Gonzales vs.
CA, 151 SCRA 289); OR, the court may suspend proceedings upon petition
of any party under Sec. 1, Rule 21 of the Rules of Court; and refer the case
motu proprio to the appropriate Barangay authority applying by analogy Sec. 408
[g], 2nd par., of the Revised Katarungang Pambarangay Law which reads as
follows:
"The
court in which non-criminal cases not falling within the authority of the Lupon
under this Code are filed may, at any time before trial, motu proprio refer
case to the Lupon concerned for amicable settlement.
Q19: If the conciliation or
mediation efforts before the Punong Barangay proved unsuccessful, there having
been no agreement to arbitrate, or where the respondent fails to appear at the
mediation proceeding before the Punong Barangay, shall the latter issue at this
stage a Certification to File Action (CFA)?
A:
No. The Punong Barangay, at this stage, shall not issue a certification to file
action because it is now mandatory for him to constitute the Pangkat before
whom arbitration, conciliation and mediation proceedings shall be held. (SC
Circular No. 14-93).
Q20: A Punong Barangay asked from the police officer during a conference
whether or not a party who refused to appear before the Lupon can be arrested?
A:
No. The Punong Barangay has the remedies under
Section 515 of the Local Gov’t Code. Such refusal or wilful failure to appear
before the lupon or pangkat may be punished by the city or municipal court as
indirect contempt of court upon application filed therewith by the lupon
chairman, the pangkat chairman, or by any of the contending parties. Further,
such refusal or willful failure to appear shall be reflected in the records of
the lupon secretary or in the minutes of the pangkat secretary and shall bar
the complainant who fails to appear, from seeking judicial recourse for the
same cause of action, and the respondent who refuses to appear, from filing any
counterclaim arising out of, or necessarily connected with the complaint.
Q21: What are the instances where cases cognizable by the Lupon
must be filed directly in Court?
A: In the following instances:
a. Where the accused is
under detention;
b. Where the person has
otherwise been deprived of personal liberty calling for a habeas corpus
proceeding;
c. Where the action is
coupled with provisional remedies such as injunction, attachment, delivery of
personal properties, support, etc;
d. Where the dispute
arises from the Comprehensive Agrarian Reform Law (CARL). Note: It is
the Barangay Agrarian Reform Council (BARC) that will take charge of the
dispute;
e. Labor disputes or
controversies arising from employer- employee
relationship;
e. Violence against Women and Children (VAWC) cases except
issuance of Protection Orders.
Problem
5:
Bart boxed Franz causing less serious injuries. The police apprehended Bart
immediately after the incident. The investigator asked if he will file the case
for inquest or refer the case to the Barangay because of the penalty of the
crime which is imprisonment of one month and one day to six months only?
A:
File the case for inquest because the offender is under
Problem
6:
Gerry and Franzen are live-in partners and the mauling incident happened three
days ago when it was reported to the police. Should the PNP refer the case to
the Barangay?
A:
No. File the case in the Prosecutor’s Office for preliminary investigation. Mediation
in the barangay involving violations of the VAWC law is discouraged.
Problem
7: While
on foot patrol in the Barangay, Gerry, a Tanod, was boxed by Bart when the
former stopped the latter in making public disturbance. Gerry did not intend to
file a case against Bart knowing that he suffered slight injuries only.
As the days went by, Bart was
bragging that he assaulted Gerry which prompted Gerry to file a case against
Bart. Upon noticing that the incident happened five days ago, and Gerry suffered
slight physical injuries only, the PNP referred the case to the Punong
Barangay. Is the referral proper?
A:
Not proper. The case is not cognizable by the Lupon. Gerry is a public officer
and the disputes relates to the performance of his duties. Further, the case is
Direct Assault Against an Agent of Person in Authority which carries a penalty
of more than 1 year imprisonment.
Q22: The police investigator asked for an advice on what to do with a CFA that
he received 76 days after the mauling incident happened. He pointed out that
under the RPC, slight physical injuries must be filed within two months after
the incident occurred.
A:
File the case. Section 410(c) of the Local Gov’t Code provides: “While the
dispute is under mediation, conciliation, or arbitration, the prescriptive
periods for offenses and cause of action under existing laws shall be
interrupted upon filing
of
the complaint with the punong barangay. The prescriptive periods shall resume
upon receipt by the complainant of the complaint or the certificate of
repudiation
or of the certification to file action issued by the lupon or pangkat
secretary: Provided, however, That such interruption shall not exceed sixty
(60) days from the filing of the complaint with the punong barangay”.
Q23:
In question number 22, the Investigator found-out that the dispute happened in
the workplace where both parties are employed. In what Barangay should the
dispute be referred?
A:
In the barangay where such workplace or institution is located. Procedural
rules including those relating to venue are designed to insure a fair and
convenient hearing to the parties with complete justice between them as a
result. Elsewise stated, convenience is the raison d'etre of the rule
on
venue.
Q24: The complainant wanted that the PNP refer the dispute to the Barangay
where the incident took place and not in the barangay where the respondent
resides because of the connections of the respondent to the Punong Barangay.
The Investigator asked where the case should be referred?
A:
Refer the case to the Barangay where the respondent resides. Note: If
there are two or more respondents residing in different barangays, the
complainant has the option where to file the complaint.
Q25:
During a barangay fiesta, accused boxed a resident of that Barangay. The case
was filed without undergoing Barangay conciliation. The accused raised
premature filing as a defense citing that even if he is from another town, he
has a store in that Barangay. Is the contention of the accused tenable?
A:
The Lupon shall have no jurisdiction over disputes where the parties are not actual
residents of the same city or municipality.
Q26: Is there a period to arrive
at a settlement?
A:
The Pangkat shall arrive at a settlement or resolution of the dispute within
fifteen (15) days from the day it convenes. This period shall, at the
discretion of the pangkat, be extendible for another period, which shall not
exceed fifteen (15) days, except, in clearly meritorious cases. (Sec. 410(e),
LGC)
Q27: What is the required form of
settlement?
A:
All amicable settlements shall be in writing, in a language or dialect known to
the parties, signed by them, and attested to by the lupon chairman or the
pangkat chairman, as the case may be. When the parties to the dispute do not
use the same language or dialect, the settlement shall be written in the
language or dialect known to them.
Q28: Are the settlement and
mediation proceedings in the barangay open to the public? What are the
exceptions?
A:
All proceedings for settlement shall be public and informal. However, the lupon
chairman or the pangkat chairman, as the case may be, may motu propio or upon
request of a party, exclude the public from the proceedings in interest of privacy,
decency, or public morals. (Sec. 414, LGC)
Q29: Are the appearance of parties
in person required?
A:
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 their next-of-kin who are not lawyers.
(Sec. 415, LGC)
Q30: May the parties abide by the
arbitration award of the lupon chairman or the pangkat?
A:
The parties may, at any stage of the proceedings, agree in writing that they
shall abide by the arbitration award of the lupon chairman or the pangkat. Such
agreement to arbitrate may be repudiated within five (5) days from the date of
signing the agreement on the ground of fraud, violence, or intimidation. (Sec. 413,
LGC)
Q31: What is the effect of
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 ten (10) days from the
date of settlement, unless repudiation of the settlement has been made or a petition
to nullify the award has been filed before the proper city or municipal court.
(Sec. 416, LGC)
Note:
In non-criminal cases referred by the court to the lupon under Sec. 408(LGC),
the compromise settlement agreed upon by the parties before the barangay lupon
or pangkat, shall be submitted to the court and upon approval, have the force
and effect of a judgment of said court.
Q32: How will the execution of the
amicable settlement be made?
A:
The amicable settlement or arbitration award may be enforced by execution by
the lupon within six (6) months from the date of settlement. After the lapse of
such time, the settlement may be enforced by action in the appropriate city or
municipal court. (Sec. 417, LGC)
Q33: Can the parties repudiate the
amicable settlement made?
A:
Any party to the dispute may, within ten (10) days from the date of the
settlement, repudiate the same 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. (Sec. 418, LGC)
Q34: What is the effect of the
repudiation made by any of the party to amicable settlement?
A:
Such repudiation shall be sufficient basis for the issuance of the certification
for filing a complaint in court. (Sec. 418, LGC)
Q35: Who has the duty to transmit
the settlement and arbitration award to the court?
A:
The secretary of the lupon shall transmit the settlement or arbitration award
to the appropriate city or municipal court within five (5) days from the date
of the award or from the lapse of the ten – day period repudiating the
settlement and shall furnish copies thereof to each of the parties to the
settlement and the lupon chairman. (Sec. 419, LGC)
Q36: Who has the power to
administer oaths?
A:
The punong barangay, as chairman of the lupong tagapamayapa, and the members of
the pangkat are authorized to administer oaths in connection with any matter
relating to all proceedings in the implementation of the katarungang
pambarangay. (Sec. 420, LGC)
