P.D. 1508, as amended by the Local Government Code of 1991(R.A. 7160)
1. Objectives. - reduce the number of court litigations and prevent the deterioration of the quality of justice brought about by the indiscriminate filing of cases in courts. - relieve the trial courts of cases among neighbors that hopefully can be settled through mediation or conciliation on peaceful and friendly confrontations. 2. Lupon. - not a barangay court nor its members to be called barangay justices; - no power to impose criminal sanctions or to punish for contempt; - an administrative body vested with conciliatory functions; - no adjudicative functions. 3. Punong Barangay. - as Lupon Chairman, he is the central figure in the barangay system of amicable settlement of dispute; - in contemplation of the law, he is the barangay official best qualified to mediate because being in the position of authority, he is deemed to possess moral influence or ascendancy; - designating another is violative of the statutory requirement of personal confrontation before him by the parties. * Exception: Succession or substitution prescribed by law *General Rule Seniority, except if the local chief executive designates in writing as OIC a local official other than the highest ranking Sangguniang Barangay member, if said local chief executive is traveling within the country, but outside his territorial jurisdiction for a period not exceeding three (3) consecutive days. The authorization shall specify the powers and functions of the OIC which shall not however include the power to appoint, suspend, or dismiss employees. * If succession or substitution is proper the amicable settlement may be sworn to and attested by the successor or substitute. - Punong Barangay can ask the assistance of another provided the substitution is only physical and that he remains in control of the proceedings and the discharge of his responsibilities remain with him. Amicable settlement therefore must be sworn to and attested before the Punong barangay himself;
- parties may decide to have the mediation before the Lupon
members and not before the Punong Barangay provided that the amicable settlement is signed, sworn to and attested before the Punong Barangay. 4. Lupon Chairman. - ex-officio to the position of Punong Barangay, said position of Lupon Chairman being not appointive, but by designation by law. 5. Lupon. - lawyers, whether in private or government service are qualified for membership. What is not allowed is the appearance of the lawyer of any of the parties; - ecclesiastics, soldiers in active service, persons receiving salaries or compensations from provincial or national funds or contractors for public works in the municipality may also qualify. Reason: appointment as Lupon member is appointment to a barangay office not municipal; - lupon members while in the performance of their official duties or in the occasion thereof, shall be deemed as persons in authority. For purposes of the Revised Penal Code, the Punong Barangay, Sangguniang Barangay members, and members of the Lupong Tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions. 6. Pangkat. - if not chosen by parties, violation; - PB may be chosen as member and elected as chairman, his position being concurrent as Lupon Chairman and as such is an automatic member of the Lupon; 7. In the administration of the Katarungang Pambarangay, and whenever necessary, 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. 8. Subject matters for Amicable Settlement (Sec. 408), supplemented by Administrative Circular No. 14-93-issued by the Supreme Court on July 15, 1993. All disputes are subject to barangay conciliation pursuant to the Revised Katarungang Pambarangay Law (formerly P.D. 1508, repealed and now replaced by Sections 399-422, Chapter VII, Title I, Book III, and Section 515, Title I, Book IV, R.A. 7160, otherwise known as the Local Government Code of 1991), and prior recourse thereto is a pre-condition before filing a complaint in court or any government offices, except in the following disputes:
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. 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; d. 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; e. 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; f. Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one (1) year or a fine of over five thousand pesos (P15,000.00) g. Offenses where there is no private offended party; h. Disputes where urgent action is necessary to prevent injustice from being committed or further continued, specifically the following: 1. Criminal cases where accused is under police custody or detention; 2. Petitioner 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; 3. Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property and support during the pendency of the action; and 4. Actions which may be barred by the Statute of Limitations. i. Any class of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice; j. Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL); k. Labor disputes or controversies arising from employer-employee relations which grants original and exclusive jurisdiction over conciliation and mediation of disputes, grievances or problems to certain offices of the Department of Labor and Employment; and
l. Actions to annul judgment upon a compromise which may be filed
directly in court. 9. Actually residing denotes physical presence. 10. Acceptance of a court-referred non-criminal case is a duty of the Punong Barangay even if beyond Lupons authority. 11. Venue. - dispute to be settled in the barangay where respondent resides. Reasons: 1. Lupon members have moral ascendancy or persuasion over respondent who is a neighbor or co-barangay resident; 2. to avoid harassment. 12. Conciliation before Mediation is irregular. 13. After constitution of Pangkat parties decide to mediate and settle before Punong Barangay, valid? Yes. 14. A complainant who refused or willfully fails to appear for mediation may be barred from seeking judicial recourse, provided he is given the opportunity to explain. 15. Failure of respondent to appear before the Lupon Chairman is not a ground for the issuance of a certification to file action in court. Said certificate will be issued if respondent fails to appear before the Pangkat for conciliation. 16. What is punishable as indirect contempt of court is the refusal or willful failure of a party or witness to appear or the date set for mediation, conciliation, or arbitration. Lupon Chairman, Pangkat Chairman, or any of the parties may file complaint. 17. Arbitration: -
before Lupon Chairman or the Pangkat;
can be done at any stage of the proceedings; agreement to arbitrate must be in writing; agreement may be repudiated within 5 days from date of agreement to arbitrate; - arbitration award becomes final after 10 days, unless a judicial petition is filed to nullify the same within 10 days from receipt of a copy; - effect of finality shall have the force and effect of a final court, judgment, except if the settlement or award is contrary to law, morals, good customs and public policy.
18. Proceedings for settlement:
- public and formal. Exception: public is excluded in the interest of privacy, decency, or public morals; 19. Personal appearance of parties without assistance of counsel or representation. Exception: minors and incompetents who may be assisted by their next of kin who are not lawyers; 20. Execution. - settlement or arbitration award may be enforced by execution within 6 months from date the obligation becomes due and demandable; 21. Repudiation. - within 10 days from date of settlement; - in writing and sworn to; - grounds: a. consent is vitiated by fraud; b. violence; and c. intimidation