REMEDIAL LAW REVIEWER

KATARUNGANG PAMBARANGGAY
(Part I of IX)

I. Katarungang Pambarangay
A. Local Government Code (Secs. 399-422)
Sec. 399. Lupong Tagapamayapa. - (a) There is hereby created in each baranga
y a lupong tagapamayapa, xxx.
xxx
(f) In barangays where majority of the inhabitants are members of indigenous
cultural communities, local systems of settling disputes through their councils
of datus or elders shall be recognized without prejudice to the applicable prov
isions of this Code.
Sec. 400. Oath and Term of Office. - xxx.
Sec. 401. Vacancies. - xxx.
Sec. 402. Functions of the Lupon. - xxx
Sec. 403. Secretary of the Lupon. - xxx
Sec. 404. Pangkat ng Tagapagkasundo. - (a) There shall be constituted for ea
ch dispute brought before the lupon a conciliation panel to be known as the pang
kat ng tagapagkasundo, xxx.
Sec. 405. Vacancies in the Pangkat. - xxx
Sec. 406. Character of Office and Service of Lupon Members. - xxx
Sec. 407. Legal Advice on Matters Involving Questions of Law. - The provinci
al, 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 an
y lupon or pangkat member whenever necessary in the exercise of his functions in
the administration of the katarungang pambarangay.
Sec. 408. Subject Matter for Amicable Settlement; Exception Thereto. - The l
upon of each barangay shall have authority to bring together the parties actuall
y residing in the same city or municipality for amicable settlement of all dispu
tes except:
xxx (compiled by SC AC 14-93)
Sec. 409. Venue. - (a) Disputes between persons actually residing in the sam
e barangay shall be brought for amicable settlement before the lupon of said bar
angay.
(b) Those involving actual residents of different barangays within the same
city or municipality shall be brought in the barangay where the respondent or an
y of the respondents actually resides, at the election of the complainant.
(c) All disputes involving real property or any interest therein shall be br
ought in the barangay where the real property or the larger portion thereof is s
ituated.
(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 broug
ht 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 confron
t the punong barangay in resolving objections to venue herein referred to may be
submitted to the Secretary of Justice, or his duly designated representative, w
hose ruling thereon shall be binding.
Rules on Venue
1. living in the same barangay said barangay
2. living in the different barangays within the same city or municipality barang
ay where the/a respondent resides, at the option of the complainant
3. involving real property or any interest therein where the real property or th
e larger portion thereof is situated
4. arising at the workplace or at the educational institution where such workpla
ce or institution is located
Sec. 410. Procedure for Amicable Settlement. - (a) Who may initiate proceedi
ng - Upon payment of the appropriate filing fee, any individual who has a cause
of action against another individual involving any matter within the authority o
f the lupon may complain, orally or in writing, to the lupon chairman of the bar
angay.
(b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon c
hairman 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 me
diation of their conflicting interests. If he fails in his mediation effort with
in 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 und
er mediation, conciliation, or arbitration, the prescriptive periods for offense
s and cause of action under existing laws shall be interrupted upon filing of th
e complaint with the punong barangay. The prescriptive periods shall resume upon
receipt by the complainant of the complaint or the certificate of repudiation o
r 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 a
nd hour set by the lupon chairman, to hear both parties and their witnesses, sim
plify issues, and explore all possibilities for amicable settlement. For this pu
rpose, 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 gro
unds discovered after the constitution of the pangkat, the matter shall be resol
ved by the affirmative vote of the majority of the pangkat whose decision shall
be final. Should disqualification be decided upon, the resulting vacancy shall b
e filled as herein provided for.
(e) Period to arrive at a settlement - The pangkat shall arrive at a settlem
ent or resolution of the dispute within fifteen (15) days from the day it conven
es 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) da
ys, except in clearly meritorious cases.
Procedure for Amicable Settlement
1. Complaint (need not be in writing) with filing fee to the lupon chairman of t
he barangay (interrupts prescription for at most 60 days)
2. lupon chairman shall within the next working day summon the respondents, with
notice to the complainants for them and their witnesses to appear before him fo
r a mediation
3. if there is failure to mediate within 15 days from the first meeting, pangkat
is constituted
4. pangkat convenes not later than 3 days from constitution, may issue summons
5. In the event that a party moves to disqualify any member of the pangkat on a
ground discovered after the constitution, the matter shall be resolved by the af
firmative vote of the majority of the pangkat whose decision shall be final. Sho
uld disqualification be decided upon, the resulting vacancy shall be filled.
6. The pangkat shall arrive at a settlement or resolution of the dispute within
15 days from the day it convenes, extendible for at most 15 days; may be extende
d further only in clearly meritorious cases.
7. The prescriptive periods shall resume
a. upon receipt by the complainant of
1) the complaint
2) the certificate of repudiation issued by the lupon or pangkat secretary
3) the certification to file action issued by the lupon or pangkat secretary
b. lapse of 60 days from filing of complaint with the baranggay chairman
Sec. 411. Form of Settlement. - 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 par
ties to the dispute do not use the same language or dialect, the settlement shal
l be written in the language or dialect known to them.
Form of settlement
1. in writing
2. in a language or dialect known to the parties
3. signed by the parties, and
4. attested to by the lupon or pangkat chairman
Sec. 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 ot
her government office for adjudication, unless there has been a confrontation be
tween the parties before the lupon chairman or the pangkat, and that no concilia
tion or settlement has been reached as certified by the lupon secretary or pangk
at secretary as attested to by the lupon or pangkat chairman or unless the settl
ement has been repudiated by the parties thereto.
(b) Where Parties May Go Directly to Court. xxx (compiled by SC AC 14-93)
(c) Conciliation among members of indigenous cultural communities. - The cus
toms and traditions of indigenous cultural communities shall be applied in settl
ing disputes between members of the cultural communities.
GR: Preconditions to filing a complaint in court when the cause of action withi
n the authority of the lupon, either
1. There had been
a. confrontation before the lupon chairman or the pangkat,
b. no conciliation or settlement has been reached, and
c. certification by the lupon or pangkat secretary as attested to by the lupon o
r pangkat chairman that no conciliation or settlement has been reached
2. or, settlement has been repudiated by the parties thereto
Sec. 413. Arbitration. - (a) The parties may, at any stage of the proceeding
s, 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 fi
ve (5) days from the date thereof for the same grounds and in accordance with th
e procedure hereinafter prescribed. The arbitration award shall be made after th
e 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.
Agreement to arbitrate must be in writing.
Repudiation of
1. Agreement to arbitrate within 5 days from agreement to arbitrate (Sec. 413)
2. Arbitration award within 10 days, action for annulment of arbitration award w
ith the MTC (Sec. 416)
3. Amicable settlement within 10 days by an affidavit filed with the lupon chair
man (Sec. 418)
Sec. 414. Proceedings Open to the Public; Exception. - All proceedings for s
ettlement shall be public and informal: Provided, however, That the lupon chairm
an 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.
Sec. 415. Appearance of Parties in Person. - 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 th
eir next-of-kin who are not lawyers.
Sec. 416. Effect of Amicable Settlement and Arbitration Award. - The amicabl
e settlement and arbitration award shall have the force and effect of a final ju
dgment of a court upon the expiration of ten (10) days from the date thereof, un
less repudiation of the settlement has been made or a petition to nullify the aw
ard has been filed before the proper city or municipal court. However, this prov
ision shall not apply to court cases settled by the lupon under the last paragra
ph of Section 408 of this Code (non-criminal cases not within the lupon s authorit
y referred by a court), in which case the compromise settlement agreed upon by t
he parties before the lupon chairman 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.
Sec. 417. Execution. - The amicable settlement or arbitration award may be e
nforced by execution by the lupon within six (6) months from the date of the set
tlement. After the lapse of such time, the settlement may be enforced by action
in the appropriate city or municipal court.
Execution of an amicable settlement or arbitration award in KB
1. by motion by the lupon within 6 months from date of settlement
2. by action before the inferior courts after 6 months from date of settlement
Sec. 418. Repudiation. - Any party to the dispute may, within ten (10) days
from the date of the settlement, repudiate the same by filing with the lupon cha
irman a statement to that effect sworn to before him, where the consent is vitia
ted by fraud, violence, or intimidation. Such repudiation shall be sufficient ba
sis for the issuance of the certification for filing a complaint as hereinabove
provided.
Grounds for repudiation of settlement: consent vitiated by fraud, violence, or i
ntimidation
Sec. 419. Transmittal of Settlement and Arbitration Award to the Court. - Th
e 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 an
d shall furnish copies thereof to each of the parties to the settlement and the
lupon chairman.
Sec. 420. Power to Administer Oaths. - The punong barangay, as chairman of t
he lupong tagapamayapa, and the members of the pangkat are hereby authorized to
administer oaths in connection with any matter relating to all proceedings in th
e implementation of the katarungang pambarangay.
Sec. 421. Administration; Rules and Regulations. - xxx.
Sec. 422. Appropriations. - xxx
B. Supreme Court Administrative Circular No. 14-93
I. All disputes are subject to Barangay conciliation pursuant to the Revised
Katarungang Pambarangay Law xxx, and prior recourse thereto is a pre-condition
before filing a complaint in court or any government offices, except in the foll
owing 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 an
d municipalities, unless the parties thereto agree to submit their difference to
amicable settlement by an appropriate Lupon;
4. Any complaint by or against corporations, partnership or juridical entiti
es, 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 e
xceeding one (1) year or a fine over five thousand pesos (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 (see Se
c. 412 (b) (1), Revised Katarungang Pambarangay Law);
b. Petitions for habeas corpus by a person illegally deprived of his rightfu
l custody over another or a person illegally deprived 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 th
e 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 o
f justice or upon the recommendation of the Secretary of Justice;
10. Where the dispute arises from the Comprehensive Agrarian Reform Law (CAR
L) (Sec. 46 & 47, R.A. 6657);
11. Labor disputes or controversies arising from employer-employee relations
(Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended, wh
ich grants original and exclusive jurisdiction over conciliation and mediation o
f disputes, grievances or problems to certain offices of the Department of Labor
and Employment);
12. Actions to annul judgment upon a compromise which may be filed directly
in court (See Sanchez vs. Tupaz, 158 SCRA 459).
When prior recourse to Barangay conciliation is not a pre-condition before fili
ng a complaint in court or any government offices (MEMORIZE!)
1. one party is the government, or any subdivision or instrumentality thereof;
2. one party is a public officer or employee, and the dispute relates to the per
formance of his official functions;
3. dispute involves real properties located in different cities and municipaliti
es, unless the parties thereto agree to submit their difference to amicable sett
lement by an appropriate Lupon;
4. complaint by or against juridical entities
5. parties who actually reside in barangays of different cities or municipalitie
s, except where such barangay units adjoin each other and the parties thereto ag
ree to submit their differences to amicable settlement by an appropriate Lupon
6. Offenses punishable by more than 1 year or a fine over P5,000
7. Offenses where there is no private offended party
8. accused is under police custody or detention
9. Petitions for habeas corpus
10. Actions coupled with provisional remedies
11. Actions which may be barred by the Statute of Limitations.
12. As determined by the President
13. CARL disputes
14. Labor disputes or controversies arising from employer-employee relations
15. Actions to annul judgment upon a compromise
Escolin: Cases for legal separation should be among the exceptions. It was an ov
ersight.
II. Under the provisions of R.A. 7160 on Katarungang Pambarangay conciliatio
n, as implemented by the Katarungang Pambarangay Rules and Regulations promulgat
ed by the Secretary of Justice, the certification for filing a complaint in cour
t or any government office shall be issued by Barangay authorities only upon com
pliance with the following requirements:
1. Issued by the Lupon Secretary and attested by the Lupon Chairman (Punong
Barangay), certifying that a confrontation of the parties has taken place and th
at a conciliation settlement has been reached, but the same has been subsequentl
y repudiated (Sec. 412, Revised Katarungang Pambarangay Law; Sec. 2[h], Rule III
, Katarungang Pambarangay Rules);
2. Issued by the Pangkat Secretary and attested by the Pangkat Chairman, cer
tifying that:
a. a confrontation of the parties took place but no conciliation/settlement
has been reached (Sec. 4[f], Rule III, Katarungang Pambarangay Rules; or
b. that no personal confrontation took place before the Pangkat through no f
ault of the complainant (Sec. 4[f], Rule III, Katarungang pambarangay Rules).
3. Issued by the Punong Barangay, as requested by the proper party on the gr
ound of failure of settlement where the dispute involves members of the same ind
igenous cultural community, which shall be settled in accordance with the custom
s 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 mutu
ally agreed to submit their dispute to the indigenous system of amicable settlem
ent, 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); and
4. If mediation or conciliation efforts before the Punong Barangay proved un
seccessful, there having been no agreement to arbitrate (Sec. 410 [b], Revised K
atarungang Pambarangay Law; Sec. 1, c. (1), Rule III, Katarungang Pambarangay Ru
les), or where the respondent fails to appear at the mediation proceeding before
the Punong Barangay (3rd par. Sec. 8, a, Rule VI, Katarungang Pambarangay Rules
), the Punong Barangay shall not cause the issuance at this stage of a certifica
tion to file action, because it is now mandatory for him to constitute the pangk
at before whom mediation, conciliation, or arbitration proceedings shall be held
.
Requirements for issuance of certification for filing a complaint in court or a
ny government office
1. Issued by the Lupon Secretary and attested by the Lupon Chairman, certifying
that
a. a confrontation took place and that a conciliation settlement has been reache
d, but the same has been subsequently repudiated
2. Issued by the Pangkat Secretary and attested by the Pangkat Chairman, certify
ing that:
a. a confrontation took place but no conciliation/settlement has been reached, o
r
b. no confrontation took place before the Pangkat through no fault of the compla
inant
3. Issued by the Punong Barangay, as requested by the proper party on the ground
of failure of settlement where
a. Either
1) the dispute involves members of the same indigenous cultural community, which
shall be settled in accordance with the customs and traditions of that particul
ar cultural community, or
2) one or more of the parties to the aforesaid dispute belong to the minority an
d the parties mutually agreed to submit their dispute to the indigenous system o
f amicable settlement, and
b. there has been no settlement as certified by the datu or tribal leader or eld
er to the Punong Barangay of place of settlement; and
The Punong Barangay shall not issue the certification to file action, but shoul
d constitute the pangkat in the following cases
1. If mediation or conciliation efforts before the Punong Barangay proved unsucc
essful, there having been no agreement to arbitrate, or
2. where the respondent fails to appear at the mediation proceeding before the P
unong Barangay,
III. xxx
IV. A case filed in court without compliance with prior Barangay conciliatio
n which is a pre-condition for formal adjudication xxx may be dismissed upon mot
ion of defendant/s, not for lack of jurisdiction of the court but for failure to
state a cause of action or prematurity xxx, or the court may suspend proceeding
s upon petition of any party under Sec. 1, Rule 21 of the Rules of Court; and re
fer the case motu proprio to the appropriate Barangay authority, applying by ana
logy Sec. 408 [g], 2nd par., of the Revised Katarungang Pambarangay Law which re
ads as follows:
"The court in which non-criminal cases not falling within the authority of t
he Lupon under this Code are filed may at any time before trial, motu proprio re
fer case to the Lupon concerned for amicable settlement.
Options where a case is filed in court without the required prior Barangay conc
iliation
1. dismissal upon motion of defendant on failure to state a cause of action or p
rematurity
2. suspension of proceedings upon petition of any party
3. refer the case motu proprio to the appropriate Barangay authority
C. Cases
Morata v. Go, 125 SCRA 444 (1983) The Lupon has the authority to settle amicably
all types of disputes involving parties who actually reside in the same city or
municipality. The law makes no distinction with respect to the classes of civil
disputes that should be compromised at the barangay level, in contradistinction
to the limitation imposed upon the Lupon over criminal cases. The fact that the
city or municipal courts are forum for the nullification or execution of the se
ttlement or arbitration award issued by the Lupon cannot be construed as a limit
ation of the scope of authority of the Lupon. This merely confers upon the city
and municipal courts the jurisdiction to pass upon and resolve petitions or acti
ons for nullification or enforcement of settlement/arbitration awards issued by
the Lupon, regardless of the amount involved or the nature of the original dispu
te. But there is nothing in the context of said sections to justify the thesis t
hat the mandated conciliation process in other types of cases applies exclusivel
y to said inferior courts. The conciliation process at the barangay level is com
pulsory not only for cases falling under the exclusive competent of the MeTCs an
d MTCs, but for actions cognizable by the RTCs as well.
Candido v. Macapagal, 221 SCRA 328 (1993) The barangay court or Lupon has jurisd
iction over disputes between parties who are actual residents of barangays locat
ed in the same city or municipality or adjoining barangays of different cities o
r municipalities. Where some of the other co-defendants reside in barangays of m
unicipalities, cities and provinces different with that of the complainant, comp
ulsory conciliation is not required. The action may be filed directly in court.
Ramos v. CA, 174 SCRA 690 (1989) The dispute should not have ended with the medi
ation proceedings before the Punong Barangay because of his failure to effect a
settlement. It was not for the Punong Barangay to say that referral to the Pangk
at was no longer necessary merely because he himself had failed to work out an a
greement between the parties. The Pangkat could have exerted more efforts and su
cceeded (where he had not) in resolving the dispute. If the complainant refuses
to appear before the Punong Barangay, he is barred from seeking judicial recours
e for the same course of action. The parties must appear in person without assis
tance of counsel, except minors and incompetents.
Vda. de Borromeo v. Pogoy, 126 SCRA 217 (1983): Referral of a dispute to the Bar
angay Lupon is required only where the parties thereto are individuals. An intes
tate estate is a juridical person and not an individual. The administrator may f
ile the complaint directly in court.
San Miguel v. Pundogar, 173 SCRA 704 (1989): Failure of a plaintiff to comply wi
th the requirements of Katarungang Pambaranggay does not affect the jurisdiction
of the court that tried the action. Failure of a plaintiff to go through the re
quired conciliation procedure merely affects the sufficiency, or the maturity or
ripeness of the cause of action and the complaint becomes vulnerable to a motio
n to dismiss, not on the ground of lack of jurisdiction, but rather for want of
cause of action or for prematurity. Where, however, the defendant in an action f
ails for one reason or another to respond to a notice to appear before the Lupon
, the requirement of conciliation proceedings must be regarded as having been sa
tisfied by the plaintiff. A defendant cannot be allowed to frustrate the require
ments of the statute by her own refusal or failure to appear before the Lupon an
d then later to assail a judgment rendered in such action by setting up the very
ground of non-compliance with conciliation proceedings. The alleged failure on
the part of a plaintiff to comply with conciliation proceedings must be raised i
n a timely manner, that is, at the first available opportunity, if such alleged
failure is to provide legal basis for dismissal of the complaint. Such failure m
ust be pleaded, in a timely motion to dismiss or in the answer. Failure to so se
t up that defense produces the effect of waiver of such defense.
Uy v. Contreras, 237 SCRA 167 (1994): Conciliation process at the Barangay level
is a condition precedent for the filing of a complaint in Court. Non-compliance
with that condition precedent could effect the sufficiency of the plaintiff's c
ause of action and make his complaint vulnerable to dismissal on the ground of l
ack of cause of action or prematurity. Pending the first mediation, no case coul
d be validly filed with the courts. Filing of complaint with the lupon tolls the
prescriptive period for 60 days at most.
Escolin: Labor cases are exempt from Barangay Conciliation proceedings because t
he labor court has its own experts at arriving at an amicable settlement.
Gegare v. CA, 177 SCRA 471 (1989) Where the case involves residents of the same
barangay, it must comply with conciliation proceedings even if a government inst
rumentality is one of the defendants. If the other only adverse party is the gov
ernment or its instrumentality or subdivision, the case falls within the excepti
on. But when the government instrumentality is only one of multiple adverse part
ies, a confrontation should still be undertaken among the other parties.
Galuba v. Laureta, 157 SCRA 627 (1988): The amicable settlement and arbitration
award shall have the force and effect of a final judgment of a court upon the ex
piration of the 10 days from the date thereof unless repudiation of the settleme
nt has been made or a petition for nullification of the award has been filed bef
ore the proper city or municipal court. Having failed to repudiate the amicable
settlement within the 10-day period, petitioner is left with no recourse but to
abide by its terms.
??
??
??
??
7

Remedial Law Reviewer