KATARUNGANG PAMBARANGAY LAW

(R.A 7160, Local Government Code of 1991)

A. Nature of the Katarungang Pambarangay.

1. What is the Katarungang Pambarangay?

2. Is the Katarungang Pambarangay part of the Philippine

judicial system?

3. How does R.A No. 7160 encourage people to avail of

the Katarungang Pambarangay as an alternative mode
of settling disputes?

4. What is the consequence if a party directly files an

action in court without resorting to barangay
conciliation proceedings?

(Santos vs. Santos, G.R. No. 169129, March 28, 2007)

B. Lupong Tagapamayapa

5. Are Lupon Members considered persons in authority?

(Section 388, Local Government Code)

6. Barangay Chairman and Kagawad-person in authority

C. Parties to Disputes

7. Who may be parties to the conciliation proceedings?

(Katarungang Pambarangay Implementing Rules,

Section 1, Rule VI)

8. Can juridical persons be parties to the barangay

conciliation proceedings?

(Katarungang Pambarangay Implementing Rules,

Section 1, Rule VI)

Case: Vda. De Borromeo vs. Pogoy

126 SCRA 217
 9. What is the meaning of actual residence for purposes
of the Katarungang Pambarangay?

(Garces vs. Court of Appeals, 162 SCRA 504 (1988))

(Domingo vs. Rosero, G.R. No. 70245, May 5, 1989)

10. Under what circumstances may residents of the

same city or municipality directly file cases in court or
in any administrative agency without first undergoing
barangay conciliation proceedings?

11. Can the Lupon take cognizance of civil cases

falling under the jurisdiction of Regional Trial Court?

(Sps. Morata vs. Sps. Go., G.R. No. L-62339, October

27, 1983)

D. Disputes outside the jurisdiction of the

Katarungang Pambarangay

12. What disputes are outside the jurisdiction of the

Katarungang Pambarangay?

Case: Gegare vs. Court of Appeals

177 SCRA 471 (1989)

13. Can the Courts require the parties to undergo

mediation although the dispute is not within the
jurisdiction of the Lupon?

(Sec. 408 LGC)

14. Are violations of R.A No. 9262 (Violence Against

Women and Children) covered by the Katarungang
Pambarangay Law?

15. Should disputes involving an employer and an

employee residing in the same city or municipality be
referred to barangay conciliation proceedings?

(P.D No. 442, Art. 226)

 16. Should agrarian disputes under the
Comprehensive Agrarian Reform Law (Rep. 6657 as
amended) be referred to the Lupon for mandatory
conciliation?

(Sections 46 and 47, R.A No. 6657)

E. Venue of Actions

17. Can an objection to the venue of the dispute be

waived?

F. Nature of Proceedings before the Barangay

18. How is a matter initiated before the Katarungang

Pambarangay?

19. Can a party appoint a lawyer or a representative

to represent him/her in proceedings before the
Barangay?

20. Can the Punong Barangay cause the issuance of a

certificate to file action if he finds, after hearing, that
the absence of the respondent in the date set for
mediation, conciliation, or arbitration is not justified?

21. What are the consequences if the complainant

fails to appear on the date set for the constitution of
the Pangkat?

G. Pre-condition for Formal Adjudication, Rule VIII,

Katarungang Pambarangay Implementing Rules and
Regulations.

22. Conciliation-pre-condition to filing of complaint in

court

Diy vs. CA, 251 SCRA 472

Sps. Morata vs. Sps. Go, 125 SCRA 444

Montoya vs. Escayo, 171 SCRA 442

H. Execution of Compromise Agreement or Arbitral

Award
 23. How is a compromise agreement or an arbitration
award enforced?

24. How is the period of six (6) months for the

enforcement of compromise agreement/arbitration award
in the Lupon computed?

25. What steps are to be undertaken to enforce a

compromise agreement or arbitration award in the Lupon?

26. Assuming that one party violated the compromise

agreement, does the aggrieved party have an option
other than the execution procedures in the Katarungang
Pambarangay?

I. Survey of Recent Supreme Courts Decision

involving Barangay