CHAPTER VII Katarungang Pambarangay

7/27/2019 CHAPTER VII Katarungang Pambarangay

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CHAPTER VII Katarungang Pambarangay

Section 399. Lupong Tagapamayapa. -

Lupon Tagapamayapa aka Lupono Composition

Punong Barangay aschairman

Members10 to 20o Constitution of Luponevery 3 years

Member of Lupono any person actually residing or

working, in the barangay, not otherwise expressly

disqualified by law,

o possessing integrity, impartiality,independence of mind, sense offairness, and reputation for probity

Notice to constitute the Lupono prepared by the punong barangay

within the first 15 days from start of

term of officeo includes the names of proposed

members who expressed willingness toserve

o posted in 3 conspicuous places in theBrgy continuously for a period of notless than 3 weeks

Appointment of Members by Punong Barangayo 10 days after period of posting, appoint

as members those he determines to besuitable

in writing signed by Punong Barangay attested to by Barangay

Secretary

o must take into consideration anyopposition or recommendations forappointment made within the period of

posting

Posting of list of appointed memberso posted in 3 conspicuous places for the

brgy

o for entire duration of their term ofoffice

Barangays where majority of inhabitants aremembers of the indigenous culturalcommunicates

o local systems of settling disputes thrucouncils of datus or elders will be

recognized without prejudice to theapplicable provisions of this Code

Section 400. Oath and Term of Office.

oath of office before punong barangay uponappointment

holds office until a new lupon is constituted on3rd yr following appointment

unless sooner terminated byo resignationo transfer of residence or place of work

o withdrawal of appointment by punongbarangay with concurrence of majoirytof all members

Section 401. Vacancies.

vacancy in lupon for any cause Punon barangay shall immediately appoint a

qualified person holds office only for the unexpired portion of the

ter

Section 402. Functions of the Lupon.

Exercise administrative supervision over theconciliation panels provided herein;

Meet regularly once a montho to provide a forum for exchange of

ideas among its members and public onmatters relevant to the amicablesettlement of disputes,

o to enable various conciliation panelmembers to share with one anothertheir observations and experiences in

effecting speedy resolution of disputes; Exercise other powers and perform such other

duties and functions as may be prescribed by lawor ordinance.

Section 403. Secretary of the Lupon.

barangay secretary shall concurrently serve as thesecretary of the lupon

record the results of mediation proceedingsbefore the punong barangay

submit a report to the proper city or municipalcourts

receive and keep records of proceedingssubmitted to him by the various conciliation

panels.

Section 404. Pangkat ng Tagapagkasundo. -

pangkat ng tagapagkasundo aka pangkato constituted for each dispute brought

before the lupon

o conciliation panelo 3 members chosen by parties to dispute

from list of members of lupon failure to agree on pangkat

membership, determined bylots drawn by the luponchairman

chairman of lupon - elected from amongthemselves - from the 3 members constituting the

pangkat

secretary- also elected from among themselveso prepare the minutes of the pangkat

proceedings

o submit a copy duly attested to by thechairman to

lupon secretaryissuecertified true copies of any

public record in his custody


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that is not by law madeconfidential

proper city or municipalcourt.

o issue and cause to be served notices tothe parties concerned.

Section 405. Vacancies in the Pangkat. chosen by the parties to dispute from among

other lupon members.

parties fail to agree on a common choice, filledby lot to be drawn by lupon chairman.

Section 406. Character of Office and Service of LuponMembers. -

Lupon members, while in performance of officialduties or on occasion thereof deemed as

persons in authority, as defined in the RevisedPenal Code.

lupon or pangkat members shall serve withoutcompensation,

o except as provided for in Section 393o without prejudice to incentives as

provided for in this Section and in

Book IV of this Code. Department of the Interior

and Local Government shallprovide for a system of

granting economic or otherincentives to the lupon or

pangkat members whoadequately demonstrate the

ability to judiciously andexpeditiously resolve casesreferred to them.

Lupon or pangkat memebers are deemed to be onofficial time while in performance of their duties

o whether in public or privateemployment

o shall not suffer from any diminution incompensation or allowance from said

employment by reason thereof.

Section 407. Legal Advice on Matters Involving Questionsof Law.

provincial, city legal officer or prosecutor ormunicipal legal officer

render legal advice to the punong barangay orany lupon or pangkat member

on matters involving questions of lawo whenever necessary in the exercise of

his functions in the administration ofthe katarungang pambarangay.

Section 408. Subject Matter for Amicable Settlement;Exception Thereto.

amicable settlement of all disputeso authority vested in lupon of each

barangay

o bring together parties actually residingin same city or municipality for

except: (cannot amicably settle)o Where one party isgovernment, or any

subdivision or instrumentality thereof;

o Where one party is apublic officer oremployee, and the dispute relates to the

performance of his official functions;o Offenses punishable by imprisonment

exceeding one (1) year or a fineexceeding Five thousand pesos(P5,000.00);

o Offenses where there is no privateoffended party;

o Where the dispute involves realproperties located in different cities ormunicipalities

unless parties agree to submitdifferences to amicablesettlement by appropriatelupon;

o Disputes involving parties who actuallyreside in barangays of different citiesor municipalities,

except where such barangayunits adjoin each other and

parties agree to submit theirto amicable settlement by an

appropriate lupon;o Such other classes of disputes which

thePresidentmay determine in theinterest of Justice or upon therecommendation of the Secretary ofJustice.

any time before trial, the court may motu propriorefer the case to the lupon concerned for amicable

settlemento court in which non-criminal cases not

falling within authority of Lupon

Section 409. Venue. -

Amicable settlement Venue

Disputes between personsactually residing in same

barangay

lupon of said barangay

Those involving actual

residents of differentbarangays within the samecity or municipality

in the barangay where

respondent or any of therespondents actuallyresides, at the election ofthe complaint

All disputes involving realproperty or any interesttherein

barangay where the realproperty or the largerportion thereof is situated

arising at the workplacewhere the contending

parties are employed or atthe institution where such

parties are enrolled for study

barangay where suchworkplace or institution is

located

Objections to venueo raised in mediation proceedings before

punong barangay;


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o otherwise, deemed waived. Any legal question which may confront the

punong barangay in resolving objections to venueo submitted to the Secretary of Justice, or

his duly designated representative,

o ruling shall be binding.Section 410. Procedure for Amicable Settlement. -

Who may initiate proceedingo any individual with cause of action

against another involving any matterwithin the authority of lupon

upon payment of appropriatefiling fee

o complaint may be oral or in writingo addressed to the lupon chairman of the

barangay

Mediation by Lupon Chairmano summon the respondents with notice to

complainant for them and witnesses toappear before him for mediation ofconflicting interests

next working day fromreceipt of complaint

o failure to mediate within 15 days from1st meeting of parties, he must set a datefor constitution of pangkat

Suspension of prescriptive period of offenseso filing the complaint with the punong

barangay interrupts prescriptive periodsfor offenses and cause of action whilethe dispute is under mediation,conciliation, or arbitration

however, prescriptive periodsshall resume upon issuance

by the Lupon or Pangkatsecretary and receipt of

complainant ofcomplaint

certificate ofrepudiation

certification to fileaction

o interruption shall not exceed 60 daysfrom filing of complaint with punong

barangay

Issuance of summons; hearing; grounds fordisqualification

o pangkat shall convene 3 days fromconstitution

date and hour set by luponchairman

o pangkats job hear both parties and their

witnesses simplify issues, explore all possibilities for

amicable settlement.o may issue summons for the personal

appearance of parties

o if a party moves to disqualify anymember of the pangkat

by reason of relationship, bias, interest, or any other similar

grounds discoveredafter the

constitution of thepangkat,

matter shall be resolved bythe affirmative vote of themajority of the pangkatwhose decision shall be final

o Period to arrive at a settlement within (15) days from the day

it convenes i at the discretion of the

pangkat, extendible foranother period not exceeding(15) days

except in clearlymeritorious cases.

Section 411. Form of settlement.

in writing, in a language or dialect known to the parties

o if they do not use the same language ordialect, settlement shall be written in

language known to them

signed by them, attested to by the lupon chairman or the pangkat

chairman,

Section 412. Conciliation. -

Pre-condition to Filing of Complaint in Court.o No complaint, petition, action, orproceeding involving any matter within

the authority of the lupon shall be filedor instituted directly in court or any

other government office foradjudication,

o unless confrontation between the

parties before the luponchairman or the pangkat

conciliation or settlement hasbeen reached as certified bythe lupon secretary or

pangkat secretary as attestedto by the lupon or pangkat

chairman settlement has been

repudiated by the partiesthereto.

Where Parties May Go Directly to Court.o Where the accused is under detentiono Where a person has otherwise been

deprived of personal liberty calling for

habeas corpus proceedings;


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o Where actions are coupled withprovisional remedies such aspreliminary injunction, attachment,

delivery of personal property andsupport pendente lite; and

o Where the action may otherwise bebarred by the statute of limitations.

Conciliation among members of indigenouscultural communities.o customs and traditions of indigenous

cultural communities shall be applied indisputes between members of thecultural communities.

Section 413. Arbitration. -

agreement to arbitrateo agree in writing that they abide by the

arbitration award of the Luponchairman or pangkat

o may be repudiated within 5 days fromdate

o arbitration reward shall be made afterlapse of period for repudation andwithin 10 days after

in writing in a language or dialect known to theparties.

award shall be written in the language or dialectknown to them.

Section 414. Proceedings Open to the Public; Exception.

proceedings for settlement shall be public andinformal

exception: exclusion of public from proceedingso lupon chairman or the pangkat

chairman, motu proprio or upon requestof a party,

oin the interest of privacy, decency, orpublic morals.

Section 415. Appearance of Parties in Person.

parties must appear in person without the assistance of counsel or

representative

o except minors, and incompetents- maybe assisted by their next of kin who arenot lawyers

Section 416. Effect of Amicable Settlement and Arbitration

Award.

force and effect of a final judgment of a courtupon expiration of (10) days

o unless repudiation of the settlement hasbeen made oro a petition to nullify the award has been

filed before the proper city or

municipal court.

provisions shall not apply to court cases settledby lupon by court orders, which are not withinjurisdiction of the lupon

Section 417. Execution of amicable settlement orarbitration award

enforced by execution by the lupon within (6)months from the date of the settlement.

After the lapse of such time, settlement may beenforced by action in appropriate city ormunicipal court.

Section 418. Repudiation.

repudiation may be made within 10 days fromsettlement

by Any party to the dispute file with the lupon chairman a statement to that

effect sworn to before him,

o consent is vitiated by fraud, violence,or intimidation.

sufficient basis for the issuance of thecertification for filing a complaint as hereinabove

provided.

Section 419. Transmittal of Settlement and Arbitration. -

Award to the Court.

The secretary of the lupon shall transmitsettlement or the arbitration award to theappropriate city or municipal court

within (5) days from the date of the award orfrom the lapse of the ten-day period repudiatingthe settlement

furnish copies thereof to each of the parties to thesettlement and the lupon chairman.

Section 420. Power to Administer Oaths.

punong barangay, as chairman of the lupongtagapamayapa, and members of the pangkat

authorized to administer oathso in connection with any matter relatingto all proceedings in the

implementation of the katarungang

pambarangay.

Section 421. Administration; Rules and Regulations.

city or municipal shall see to the efficient andeffective implementation and administration ofthe katarungang pambarangay.

Secretary of Justice shall promulgate the rulesand regulations necessary to implement thisChapter.

Section 422. Appropriations

Such amount as may be necessary for effectiveimplementation of the katarungang pambarangayshall be provided for in annual budget of the cityor municipality concerned.

CHAPTER VII Katarungang Pambarangay

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