Overview

The barangays are the smallest political subdivisions in the Philippines. They are the smallest units of
government. Smallest in terms of area of jurisdiction but big in the sense that they are nearest to our
people.

The barangays are given mandate to help in the administration of justice. Their first duty is to
conduct conciliation proceedings in civil cases and in criminal cases where the penalty does not exceed
one year of imprisonment or a fine not exceeding five thousand pesos, before the same can be filed in
court. The second is that power granted to Punong Barangays to issue Barangay Protection Order (BPO)
under Section 14 of RA 9262. The third is the establishment of a Barangay Council for the Protection of
Children under RA 9344. The fourth is the creation of the Barangay Agrarian Reform Committee under
Section 46 of RA 6657 wherein this Committee is tasked to mediate and conciliate parties involved in an
agrarian dispute including matters related to tenurial and financial arrangements.

What is Brgy. Justice?

It is PD 1508, sections 399-422 of the Local Government Code of 1991, otherwise known as Barangay
Justice

Lupong Tagapamayapa. (Section 399)

a. Lupon- headed by Punong Brgy. as Chairman and 10-20 members; constituted every 3yrs.
b. Membership- person actually residing or working in the Brgy.
c. Notice to constitute Lupon- shall be prepared by the Punong Brgy within 15days from the start of
office and shall be posted in 3 conspicuous places for not less than 3 weeks.
d. Appointment- 10 days thereafter the punong brgy shall appoint the members who possess all the
qualifications and none of the disqualifications taking into consideration any oppositions made
therein. Appointments shall be in writing, signed by the punong barangay, and attested to by the
barangay secretary; The list of appointed members shall be posted in three (3) conspicuous places
in the barangay for the entire duration of their term of office; and
e. local systems of settling disputes through their councils of datus or elders shall be recognized without
prejudice to the applicable provisions of this Code shall be observed if majority of inhabitants are
members of Indigenous Cultural Communities.

Oath and Term of Office (Section 400)

a. Each lupon member shall take an oath of office before the punong barangay;
b. 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

Vacancies. (Section 401)

a. Should a vacancy occur in the lupon for any cause, the punong barangay shall immediately
appoint a qualified person who shall hold office only for the unexpired portion of the term.

Functions of the Lupon (Section 402)

The lupon shall:

(a) Exercise administrative supervision over the conciliation panels provided herein;
(b) Meet regularly once a month to provide a forum for exchange of ideas among its members and the
public on 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.

Secretary of the Lupon ( Section 403)

a. The barangay secretary shall concurrently serve as the secretary of the lupon. He shall record the
results of mediation proceedings before the punong barangay and shall submit a report thereon to
the proper city or municipal courts. He shall also receive and keep the records of proceedings
submitted to him by the various conciliation panels.

Pangkat ng Tagapagkasundo. (Section 404)

(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. Should the
parties fail to agree on the pangkat membership, the same shall be determined by lots drawn by the lupon
chairman.
(b) 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 and submit a copy
duly attested to by the chairman to the lupon secretary and to the proper city or municipal court. He shall
issue and cause to be served notices to the parties concerned. The lupon secretary shall issue certified true
copies of any public record in his custody that is not by law otherwise declared confidential.

Vacancies in the Pangkat (Section 405)

a. Any vacancy in the pangkat shall be chosen by the parties to the dispute from among the other lupon
members. Should the parties fail to agree on a common choice, the vacancy shall be filled by lot to be
drawn by the lupon chairman.

Character of Office and Service of Lupon Members. (Section 406)

(a) The 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.
(b) The lupon or pangkat members shall serve without compensation, except as provided for in
Section 393 and without prejudice to incentives as provided for in this Section and in Book IV of this Code.
The Department of the Interior and Local Government shall provide for a system of granting economic or
other incentives to the lupon or pangkat members who adequately demonstrate the ability to judiciously
and expeditiously resolve cases referred to them. While in the performance of their duties, the lupon or
pangkat members, whether in public or private employment, shall be deemed to be on official time, and
shall not suffer from any diminution in compensation or allowance from said employment by reason thereof.

Legal Advice on Matters Involving Questions of Law (Section 407)

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 or pangkat
member whenever necessary in the exercise of his functions in the administration of the katarungang
pambarangay.

Subject Matter for Amicable Settlement; Exception Thereto (Section 408)

GR: As a rule all cases where the parties are actually residing in the same city or municipality are within
the competence of the lupon of each barangay. Thus the law says:

EXN:Section 408. Subject Matter for Amicable Settlement; Exception Thereto. - The lupon of each
barangay shall have authority to bring together the parties actually residing in the same city or municipality
for amicable settlement of all disputes except:
(a) Where one party is the government, or any subdivision or instrumentality thereof;
(b) Where one party is a public officer or employee, and the dispute relates to the performance of his
official functions;
(c) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand
pesos (P5,000.00);
(d) Offenses where there is no private offended party;
(e) 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;
(f) 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;
(g) Such other classes of disputes which the President may determine in the interest of Justice or upon
the recommendation of the Secretary of Justice.

Venue (Section 409)

(a) Disputes between persons actually residing in the same barangay shall be brought for amicable
settlement before the lupon of said barangay.
(b) Those involving actual residents 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
election of the complaint.
(c) 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.
(d) 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.

Objections 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 objections to venue herein referred to may be submitted to the Secretary of Justice, or his duly
designated representative, whose ruling thereon shall be binding.

Procedure for Amicable Settlement. (Section 410)

(a) Who may initiate proceeding - 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.
 (b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon chairman shall within
the next working day summon the respondent(s), with notice to the complainant(s) for them and their
witnesses to appear before him for a mediation of their conflicting interests. If he fails in his mediation effort
within fifteen (15) days from the first meeting of the parties before him, he shall forthwith set a date for the
constitution of the pangkat in accordance with the provisions of this Chapter.

(c) Suspension of prescriptive period of offenses - 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 the complaint with the punong barangay. The prescriptive periods shall resume upon
receipt by the complainant of the complainant 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.

(d) Issuance of summons; hearing; grounds for disqualification - The pangkat shall convene not later
than three (3) days from its constitution, on the day and hour set by the lupon chairman, to hear both
parties and their witnesses, simplify issues, and explore all possibilities for amicable settlement. For this
purpose, the pangkat may issue summons for the personal appearance of parties and witnesses before it. 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. Should
disqualification be decided upon, the resulting vacancy shall be filled as herein provided for.

(e) Period to arrive at a settlement - The pangkat shall arrive at a settlement or resolution of the
dispute within fifteen (15) days from the day it convenes in accordance with this section. 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.

Matters within the lupons authority

As stated, those matters within the authority of the lupon shall pass first the barangay justice system
before any party may go to court. What are these cases then within the competence of the lupon?

In Civil Cases:

It appears from the provision of the law, all civil cases involving individuals who are residing in the
same city or municipality, regardless of the amount involved must be brought first with the barangay justice
system before any court action may be filed. The only instances where a direct action to the court is
allowed are:

1. Under letter (a), if one of the parties is the national government, direct filing is allowed. If one of
the parties is a province, city or municipality or the barangay itself, direct filing is allowed. Or if one of the
parties is an instrumentality of the national government, direct filing is allowed. Instrumentality refers to any
agency of the National Government not integrated within the department framework, vested with special
functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds,
and enjoying operational autonomy, usually through a Charter. (MIAA vs. CA, 495 SCRA 591, 617). Examples
of a government instrumentality are the Manila International Airport Authority (MIAA vs. CA, i.d.) and the
Government Service Insurance System (GSIS vs. City Treasurer of Manila, 609 SCRA 330, 346)

2. Under letter (b), a suit against a barangay official or a policeman or a sanggunian bayan member
or a Mayor and the complaint relates to the performance of his duties, can be filed directly in court without
need of barangay conciliation.

3. An example of letter (e) would be an action to recover ownership of two (2) parcels of land, one is
located in Municipality A and the other is located in Municipality B.

4. An example of letter (f) would be an action for damages, but one party is residing in Barangay A
of Municipality B, while the other party is residing in Barangay C of Municipality D. However, if barangays A
and C adjoin each other, then the parties may agree to submit their differences to the lupon of either
Barangay A or Barangay C. But the parties are not compulsorily required to agree. It is merely an option
given by law for them to agree to refer their problem for conciliation.

In Criminal Cases

Not all criminal cases require conciliation proceedings. Only minor offenses are brought within the
coverage of the barangay justice system. This is because of the fundamental principle in criminal law that
crimes are committed against the State and the State is the real offended party. As such, crime cannot be
the subject of compromise by private offended parties. (Kapunan, Criminal Law, 1990 Edition page 192; Luis
B. Reyes, The Revised Penal Code, Book I, 2006 Edition page 600)
 Thus under Section 408, letter ( c ) offenses punishable by imprisonment exceeding one (1) year or a
fine exceeding Five thousand pesos (P5,000.00) are exempt from the coverage of the katarungan
pambarangay law. Therefore, only cases which penalties do not exceed one year imprisonment or a fine
not exceeding five thousand pesos are covered by the law. Also even if the penalties are within the
coverage if there is no private offended party, then the law shall not be made to apply under letter (d) of
Section 408.

Form of settlement. (Section 411)

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 known to them.

Pre-condition before filing a case in court (Section 112)

To quote Justice Quisumbing the primordial objective of the Katarungang Pambarangay Rules is to
reduce the number of litigations and prevent the deterioration of the quality of justice which has been
brought about by the indiscriminate filing of cases in the courts.

To attain this goal, PD 1508, now Sections 399-422 of the Local Government Code, requires the parties
to undergo a conciliation proceedings before the Barangay Chairman or the Pangkat as a condition
before filing a case in court. As a rule, this requirement shall be satisfied in all civil actions. In criminal cases,
all those cases whose prescribed penalty exceed one year of imprisonment or a fine exceeding P5,000.00,
shall be brought first for barangay conciliation before filing the cases to the Prosecutors Office or to the
Courts. Non compliance with this requirement is a ground to dismiss the case for pre-maturity. Thus, the
Local Government Code provides:

Section 412. Conciliation. -

(a) Pre-condition to Filing of Complaint in Court. - No complaint, petition, action, or proceeding involving
any matter within the authority of the lupon shall be filed or instituted directly in court or any other
government office for adjudication, unless there has been a confrontation between the parties before the
lupon chairman or the pangkat, and that no conciliation or settlement has been reached as certified by the
lupon secretary or pangkat secretary as attested to by the lupon or pangkat chairman x x x

(b) Where Parties May Go Directly to Court. - The parties may go directly to court in the following instances:
(1) Where the accused is under detention;
(2) Where a person has otherwise been deprived of personal liberty calling for habeas corpus
proceedings;
(3) Where actions are coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support pendente lite; and
(4) Where the action may otherwise be barred by the statute of limitations.

(c) Conciliation among members of indigenous cultural communities. - The customs and traditions of
indigenous cultural communities shall be applied in settling disputes between members of the cultural
communities.

ONE OF THE PARTIES IS A JURIDICAL PERSON

When one of the parties is a corporation or a partnership, the case may be directly filed in court. Section

CRIMES WITHIN THE AUTHORITY OF THE LUPON

The crimes where the Lupon exercises authority are:

(1) Alarms and Scandals (Art. 155, Revised Penal Code (RPC);
(2) False medical certificates; false certificates of merit of service if committed by private person (Article
174, last par., RPC);
(3) Using false certificates (Article 175, RPC);
(4) Using fictitious and concealing true name (Article 178, RPC);
(5) False testimony against a defendant in criminal cases (Article 180, No. 4, RPC);
(6) Physical injuries inflicted in a tumultuous affray when injuries inflicted are of a less serious nature
(Article 252, 2nd par., RPC);
(7) Less Serious Physical Injuries (Article 265, RPC);
(8) Slight Physical Injuries (Article 266, RPC);
(9) Kidnapping and failure to return a minor committed by a parent (Article 270 in relation to the last
par. of Article 271, RPC);
(10) Inducing a minor to abandon his home (Article 271, 2 nd par. RPC);
(11) Abandonment of persons in danger and abandonment of ones own victim (Article 275, RPC)
(12) Abandoning a minor (Article 276, RPC);
(13) Abandonment of minor by person entrusted with his custody; indifference of parents (Article 277,
RPC);
 (14) Qualified Tresspass To Dwelling (Article 280, RPC);
(15) Other forms of Tresspass (Article 281, RPC);
(16) Grave Threat if the threat was not subject to condition (Article 282, No. 2, RPC);
(17) Light threats (Article 283, RPC);
(18) Other Light threats (Article 285, RPC)
(19) Grave Coercions (Article 286, RPC)
(20) Light Coercions (Article 287, RPC)
(21) Unjust Vexation (Article 287, last paragraph, RPC)
(22) Other similar coercions or compulsory purchase of merchandise and payment of wages by means
of tokens (Article 288, RPC)
(23) Formation, maintenance and prohibition of combination of capital or labor through violence or
threats (Article 289, RPC)
(24) Discovering secrets through seizure of correspondence without revealing such secrets (Article 290,
2nd paragraph, RPC)
(25) Revealing secrets with abuse of office (Article 291, RPC)
(26) Theft if value of stolen goods does not exceed P50.00 (Article 309, nos. 5, 6, 7 and 8, RPC)
(27) Altering boundaries or landmarks (Article 313, RPC)
(28) Swindling or estafa if the amount of the fraud does not exceed P200.00 (Article 315, 4 th paragraph,
RPC)
(29) Other forms of swindling (Article 316, RPC)
(30) Swindling a minor (Article 317, RPC)
(31) Other deceits (Article 318, RPC)
(32) Removal, sale or pledge of mortgaged property (Article 319, RPC)
(33) Special cases of malicious mischief where the value of the damaged property does not exceed
one thousand pesos (Article 328, Nos. 2 and 3, RPC)
(34) Other mischief (Article 329, RPC)
(35) Destroying or damaging useful or ornamental painting of a public nature (Article 331,
2nd paragraph, RPC)
(36) Simple seduction (Article 338, RPC)
(37) Acts of lasciviousness with the consent of the offended party
(38) Premature marriage (Article 351, RPC)
(39) Threatening to publish and offer to prevent such publication for a compensation or blackmail
(Article 356, RPC)
(40) Publication of facts connected with the private life of a person (Article 357, RPC)
(41) Slight Oral Defamation (Article 358, RPC)
(42) Slight Slander by Deed (Article 359, RPC)
(43) Incriminating Innocent Person (Article 363, RPC)
(44) Intriguing against person (Article 364, RPC)
(45) Reckless imprudence had it been intentional would constitute a less grave felony or a light felony
(Article 365, RPC)
(46) Simple Imprudence (Article 365, RPC)
(47) Violation of BP 22

Arbitration. (Section 413)

(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 thereof for the same grounds and in accordance with
the procedure hereinafter prescribed. The arbitration award shall be made after the lapse of the
period for repudiation and within ten (10) days thereafter.
(b) The arbitration award shall be in writing in a language or dialect known to the parties. When the
parties to the dispute do not use the same language or dialect, the award shall be written in the
language or dialect known to them.

Proceedings Open to the Public; Exception. (Section 414)

a. All proceedings for settlement shall be public and informal: Provided, however, That the lupon
chairman or the pangkat chairman, as the case may be, may motu proprio or upon request of a
party, exclude the public from the proceedings in the interest of privacy, decency, or public morals.

Appearance of Parties in Person. (Section 415)

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.

Effect of Amicable Settlement and Arbitration Award. (Section 416)

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 thereof, 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. However, this provision shall not apply to court cases settled by the lupon under the
last paragraph of Section 408 of this Code, in which case the compromise or the pangkat chairman
 shall be submitted to the court and upon approval thereof, have the force and effect of a judgment
of said court.

Execution. (Section 417)

a. 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.

Repudiation. (Section 418)

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. Such repudiation shall be sufficient basis for the
issuance of the certification for filing a complaint as hereinabove provided.

Transmittal of Settlement and Arbitration. (Section 419)

a. Award to the Court. - The secretary of the lupon shall transmit the settlement or the 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.

Power to Administer Oaths. (Section 420)

a. The punong barangay, as chairman of the lupong tagapamayapa, and the members of the
pangkat are hereby authorized to administer oaths in connection with any matter relating to all
proceedings in the implementation of the katarungang pambarangay.

Administration; Rules and Regulations. (Section 421)

a. The city or municipal mayor, as the case may be, shall see to the efficient and effective
implementation and administration of the katarungang pambarangay. The Secretary of Justice shall
promulgate the rules and regulations necessary to implement this Chapter.

Appropriations (Section 422)

a. Such amount as may be necessary for the effective implementation of the katarungang
pambarangay shall be provided for in the annual budget of the city or municipality concerned.

Summary Procedure Flowchart

1. CIVIL CASE (EJECMENT)

Steps:

a. Demand letter to vacate premised

b. Refer to Brgy. Justice (lupong tagapamayapa) (applies only to NATURAL PERSONS)
c. Certificate to file Action
d. Look for Private Lawyer
This must be present: (compliant w/ CNFS+V, Title of Property/Tax Dec, DV, CFA, Affidavit of
Complaint &witnesses) (note: all must be alledge since this is an SP)
e. File to MCTC or MTCC
(duty of the Court: to determine special proceeding, ground for dismissal)
f.