Professional Documents
Culture Documents
By Siesta-friendly
What do you call a law prohibiting lawyers from participating in a justice system?
Promising?
Unfortunately, we do not have statistics on how effective and successful the
informal justice system known as the Katarungang Pambarangay has been. But
the mere fact that lawyers are barred from the proceedings should be success
enough.
Anyway, should you have any problem against someone, it is crucial to know the
rules on the Katarungang Pambarangay, as you will read below.
General Rule
The general rule is that the Lupon Tagapamayapa [1] (Committee for Peace) 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. [2] So, provided
they do not fall under the exceptions, all disputes must first be submitted for
possible conciliation at the barangay level, before any court or other government
body can take jurisdiction.
Exceptions[3]
[[1] SEC. 399, R.A. 7160. Lupong Tagapamayapa. (a) 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. The lupon shall be
constituted every three (3) years in the manner provided herein.
(b) 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 a member of the lupon.
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(f) In barangays where majority of the inhabitants are members of indigenous cultural
communities, local systems of es through their councils of datus or elders shall be
recognized without prejudice to the applicable provisions of this Code.
Naturally, there are cases that are best handled by the courts, the Office of the
Ombudsman, the National Labor Relations Commission, the Securities and
Exchange Commission, etc. So we have exceptions to the general rule above,
which are:
1. Where one party is
instrumentality thereof;
the
government,
or
any
subdivision
or
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
and municipalities, unless the parties thereto agree to submit their
difference 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 complainants or respondents [Sec. 1, Rule VI,
Katarungang Pambarangay Rules];
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 1 year or a fine of over P5,000.00;
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 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.
[[3] Par. I, Administrative Circular No. 14-93, Guidelines On The Katarungang Pambarangay
Conciliation Procedure To Prevent Circumvention Of The Revised Katarungang Pambarangay
Law [Sections 399-422, Chapter Vii, Title I, Book Iii, R. A. 7160, Otherwise Known As The
Local Government Code Of 1991], July 15, 1993.
(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.
All proceedings for settlement shall be public and informal but the Punong Barangay
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.
Personal Appearance; No Lawyers[17]
In all 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. Total ban. Sweet.
Sanctions for Failure to Appear[18]
In case a party fails to appear for mediation, the Punong Barangay / Pangkat
Chairman shall set a date for the absent party/ies to appear before him to explain
the reason for the failure to appear.
If the Punong Barangay / Pangkat Chairman finds after hearing that the failure
or refusal of the complainant to appear is without justifiable reason, he shall (1)
dismiss the complaint; (2) direct the issuance of and attest to the certification to bar
the filing of the action in court or any government office; and (3) apply with the
local trial court for punishment of the recalcitrant party as for indirect contempt of
court.
In case of similar willful failure or refusal of the respondent to appear for mediation
before the Punong Barangay / Pangkat Chairman (as may be applicable), the latter
shall: (1) dismiss the respondent's counterclaim; (2) direct the issuance of and
attest to the certification (i) to bar the filing of respondent's counterclaim in
court/government office, and if already under conciliation, (ii) to file complainant's
action in court/government office; (3) apply with the local trial court for punishment
of the recalcitrant party as for indirect contempt of court; and (4) if still under
mediation, the Punong Barangay shall set a date for the parties to appear before
him for the constitution of the Pangkat.
The Punong Barangay shall apply, in similar manner, for the punishment of a
recalcitrant witness who willfully fails or refuses to appear, as for indirect contempt
of court.
Suspension of Prescriptive Period
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 certificate of repudiation or of the
[[17] Sec. 415, ibid.
[[18] Rule VI, Sec. 8 b, 1, Katarungang Pambarangay Circular No. 1.
Note: In both cases, the parties may agree to submit their differences for amicable
settlement by the appropriate Lupon.
Instances when the parties may go directly to court
1. Where the accused is under police custody or detention
2. Where a person has otherwise been deprived of personal liberty calling for habeas corpus
proceedings
3. Actions coupled with provisional remedies such as preliminary injunction, temporary
restraining orders, attachment, replevin, etc
4. Where the action may be barred by the Statute of Limitations (the law that bars the filing of an
action after a prescribed period)
5. Labor disputes arising from an employer-employee relationship, or disputes arising from the
Comprehensive Agrarian Reform Law