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THE KATARUNGANG PAMBARANGAY SHORT MANUAL

What is the Katarungang Pambarangay (KP) Law and what is its purpose?
The KP Law is a system for the amicable settlement of disputes at the barangay level. It was
established to
a.) promote the speedy administration of justice and
b.) to relieve court dockets and prosecutors offices of conciliable case.
It is governed by Sections 399 to 422 of R.A. 7160 or the Local Government Code.
What is the consequence of not bringing the case before the Katarungang Pambarangay
before filing the case in court?
Non compliance with the barangay conciliation process when the case falls under the jurisdiction
of the Katarungang Pambarangay is a ground for dismissal of the case for non compliance with a
condition precedent.
IMPORTANT POINTS TO REMEMBER:
[1]

Lawyers

are

not

allowed

to

appear

in

barangay

hearings.

[2] Even if the parties in dispute are residents of the same barangay, they do not necessarily have
to go through the Katarungang Pambarangay. Section 408 of the Local Government Code
enumerates the exceptions where the parties can go straight to court or to the fiscals office.
[3] Despite the use of the term justice, there really is no such thing as a barangay court. The
barangay officials who compose the Lupong Tagapamayapa or the Pangkat ng Tagakapagsundo
are not judges. The only instance that the Lupon or Pangkat acts like a court (weighing evidence,
hearing testimonies, deciding on the merits, etc.) is when the parties in dispute agree to
arbitration.
[4] Differences among conciliation, mediation and arbitration
Conciliation and mediation both look to maintain an existing business relationship and to
rekindle a lost balance of power between two parties. These concepts are sometimes used as
synonyms, but they do indeed vary substantially in their procedures. In mediation, the mediator
controls the process through different and specific stages: introduction, joint session, caucus, and
agreement, while the parties control the outcome. By contrast, in conciliation the conciliator may
not follow a structured process, instead administering the conciliation process as a traditional
negotiation,
which
may
take
different
forms
depending
on
the
case.
Arbitration is an ADR (alternative dispute resolution) method where the disputing parties
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involved present their disagreement to one arbitrator or a panel of private, independent and
qualified third party arbitrators. The arbitrator(s) determine the outcome of the case.

What are the cases which need to be brought before the system of barangay conciliation?
All disputes are subject are to Barangay conciliation except in the following 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 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
[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 one
[1] year or a fine of 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
[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.

[9] Any class of disputes which the President may determine in the interest of justice or upon the
recommendation of the Secretary of Justice;

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[10] Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) and labor
disputes or controversies arising from employer-employee relations.

PROVISIONS OF THE LOCAL GOVERNMENT CODE

SEC. 399. 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. Constituted
every
three
(3)
years
in
the
manner
provided
herein.
(b) Qualifications: 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.
SEC. 400. Oath and Term of Office. - Upon appointment, each lupon member shall take an
oath of office before the punong barangay. He shall hold office until a new lupon is constituted
on the third year following his appointment unless sooner terminated by resignation, transfer of
residence or place of work, or withdrawal of appointment by the punong barangay with the
concurrence
of
the
majority
of
all
the
members
of
the
lupon.
SEC. 401. Vacancies. - Should a vacancy occur in the lupon for any cause, the punong barangay
shall immediately appoint a qualified person who shall hold office only for the unexpired portion
of
the
term.
SEC. 402. Functions of the Lupon. - The lupon shall:
(a) Exercise administrative supervision over the conciliation panels provided herein;
(b) Meet regularly once a month to provide a forum for exchange of ideas among its members
and the public on matters relevant to the amicable settlement of disputes, and to enable various
conciliation panel members to share with one another their observations and experiences in
effecting
speedy
resolution
of
disputes;
and
(c) Exercise such other powers and perform such other duties and functions as may be prescribed
by
law
or
ordinance.
SEC. 403. Secretary of the Lupon. - The secretary of the lupon shall:
a.) record the results of mediation proceedings before the punong barangay and
b.) shall submit a report thereon to the proper city or municipal courts.
c.) He shall also receive and keep the records of proceedings submitted to him by the various
conciliation
panels.
SEC. 404. Pangkat ng Tagapagkasundo.
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(a) There shall be constituted for each dispute brought before the lupon a conciliation panel to be
known as the pangkat ng tagapagkasundo, hereinafter referred to as the pangkat, consisting of
three
(3)
members.
(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.

that

The lupon secretary shall issue certified true copies of any public record in his custody
is
not
by
law
otherwise
declared
confidential.

SEC. 406. Character of Office and Service of Lupon Members.

(a) The lupon members, while in the performance of their official duties or on the occasion
thereof, shall be deemed as persons in authority, as defined in the Revised Penal Code.
(b) The lupon or pangkat members shall serve without compensation, except as provided for in
Section 393 and without prejudice to incentives as provided for in this Section and in Book IV of
this Code.
While in the performance of their duties, the lupon or pangkat members, whether in public or
private employment, shall be deemed to be on official time, and shall not suffer from any
diminution in compensation or allowance from said employment by reason thereof.
SEC. 407. Legal Advice on Matters Involving Questions of Law. - 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 whenever necessary in
the exercise of his functions in the administration of the katarungang pambarangay.
SEC. 409. Venue. - (a) Disputes between persons actually residing in the same barangay shall be
brought
for
amicable
settlement
before
the
lupon
of
said
barangay.
(b) Those involving actual residents of different barangays within the same city or municipality
shall be brought in the barangay where the respondent or any of the respondents actually resides,
at
the
election
of
the
complainant.
(c) All disputes involving real property or any interest therein shall be brought in the barangay
where
the
real
property
or
the
larger
portion
thereof
is
situated.
(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 brought 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 confront the punong barangay in resolving objections to venue herein referred to may be
submitted to the Secretary of Justice, or his duly designated representative, whose ruling thereon
shall
be
binding.
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SEC. 410. Procedure for Amicable Settlement.

(a) Who may initiate proceeding - Upon payment of the appropriate filing fee, any individual
who has a cause of action against another individual involving any matter within the authority of
the lupon may complain, orally or in writing, to the lupon chairman of the barangay.
(b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon chairman 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 mediation of their conflicting interests. If he
fails in his mediation effort within 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 under mediation,
conciliation, or arbitration, the prescriptive periods for offenses and cause of action under
existing laws shall be interrupted upon filing of the complaint with the punong barangay. The
prescriptive periods shall resume upon receipt by the complainant of the complaint or the
certificate of repudiation or 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 and hour set by the lupon chairman, to
hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable
settlement. For this purpose, 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 grounds discovered after the
constitution of the pangkat, the matter shall be resolved by the affirmative vote of the majority of
the pangkat whose decision shall be final. Should disqualification be decided upon, the resulting
vacancy
shall
be
filled
as
herein
provided
for.
(e) Period to arrive at a settlement - The pangkat shall arrive at a settlement or resolution of the
dispute within fifteen (15) days from the day it convenes 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)
days,
except
in
clearly
meritorious
cases.
SEC. 411. Form of Settlement. - All amicable settlements shall be
a.) in writing,
b.) in a language or dialect known to the parties,
c.) signed by them,
d.) and attested to by the lupon chairman or the pangkat chairman, as the case may be.
When the parties to the dispute do not use the same language or dialect, the settlement shall be
written
in
the
language
or
dialect
known
to
them.
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SEC. 412. Conciliation.

(a) Pre-condition to Filing of Complaint in Court
(b) Where Parties May Go Directly to Court. - The parties may go directly to court in the
following
instances:
(1)

Where

the

accused

is

under

detention;

(2) Where a person has otherwise been deprived of personal liberty calling for habeas
corpus

proceedings;

(3) Where actions are coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property, and support pendente lite; and
(4) Where the action may otherwise be barred by the statute of limitations.
SEC. 413. Arbitration. - (a) The parties may, at any stage of the proceedings, 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 five (5) days from the date thereof for the same
grounds and in accordance with the procedure hereinafter prescribed. The arbitration award shall
be made after the 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.
SEC. 414. Proceedings Open to the Public; Exception. - All proceedings for settlement shall
be public and informal: Provided, however, That the lupon chairman 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. (Note: motu propio means
simply
of
his
own
will
or
choice.)
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 a.) minors and b.) incompetents who may be assisted by their next-of-kin who are not
lawyers.
SEC. 416. Effect of Amicable Settlement and Arbitration Award. - The amicable settlement
and arbitration award shall have the force and effect of a final judgment of a court upon the
expiration of ten (10) days from the date thereof, unless repudiation of the settlement has been
made or a petition to nullify the award has been filed before the proper city or municipal court.
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 chairman a statement to that effect
sworn to before him, where the consent is vitiated by fraud, violence, or intimidation. Such
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repudiation shall be sufficient basis for the issuance of the certification for filing a complaint as
hereinabove
provided.
SEC. 419. Transmittal of Settlement and Arbitration Award to the Court. - The 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 and 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 the lupong
tagapamayapa, and the members of the pangkat are hereby authorized to administer oaths
in connection with any matter relating to all proceedings in the implementation of the
katarungang
pambarangay.
SEC. 421. Administration; Rules and Regulations. - The city or municipal mayor, as the case
may be, shall see to the efficient and effective implementation and administration of the
katarungang pambarangay.

OTHER IMPORTANT SPECIAL LAWS

RA 9262: ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004
adopted / signed on March 8, 2004 and took effect last March 27, 2004
RA 9262 is a law that protects the rights of women & their children & also eliminates violence as
its usually children and women are likely the victims due to unequal power .relations
1. What is VAWC?
Violence Against Women and their Children (VAWC) is defined as:
Any act or a series of acts committed by any person against a woman who is his wife,
former wife.
Against a woman with whom the person has or had a sexual or dating relationship, or with
whom he has common child,
-

Against her child whether legitimate or illegitimate,

within or without the family abode,

which result in or is likely to result in physical, sexual, psychological harm or suffering, or

economic abuseincluding threats of such acts battering, assault, coercion, harassment or
arbitrary deprivation of liberty
2. Who are considered CHILDREN?
Anyone below 18 years of age, or older but incapable of taking care themselves, including the
biological children of the victim and other children under her care.
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3. What are the FOUR (4) ACTS that constitute VAWC ?

A.) Physical violence bodily harm or physical harm.
B.) Sexual violence is an act, which is sexual in nature such as rape, sexual harassment.
C.) Psychological violence is an act that causes mental or emotional suffering to the victim such
as intimidation stalking, marital infidelity.
D.) Economic violence is acts that make the woman financially dependent, such as withdrawal
on financial support, destroying household property.
4. What are the rights of Victim Survivor?

To be treated with respect and dignity

To confidentiality

To avail of legal assistance from the PAO or any public legal assistance

To be entitled to support services from the DSWD and LGUs

To be entitled to all legal remedies and support provided by the Family Code; T

To avail up to 10 days of leave of absence in addition to other paid leaves

To be informed of their rights and the services available to them, including their right to
apply for a protection order.

Violation of confidentiality shall have a penalty of one-year imprisonment and a fine of not more
than 500,000 pesos
5. What are the 3 types of Protection Orders?
Barangay Protection Order (BPO) is issued by Punong Barangay / Kagawad; effective for 15
days
Temporary Protection Order (TPO) refers to the protection order issued by the Court on the date
of filing after exparte determination that such order should be issued; effective for 30 days and
renewable / extendable.
Permanent Protection Order (PPO) refers to protection order issued by court after notice and
proper hearing.
5. What is the purpose of Protection Orders ?

to prevent further acts of violence against a woman or her child

safeguards the victim from further harm

minimizes any disruption in the victims daily life

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facilitates the opportunity and ability of control over her life

6. What are the PENALTIES for VAWC?

Imprisonment based on the provisions of the Revised Penal Code

Fine ranging from 100,000.00 to 300,000.00

Mandatory psychological counseling or psychiatric treatment for perpetrators

7. Immunity from Suit

Any person, whether a private individual, a public officer, or a government official /worker,
who, in accordance with law, intervenes without using violence or restraint greater
than necessary to ensure the safety of the victim, is not liable for any criminal, civil or
administrative accountability (Secs. 43 & 43)
8. What is BATTERED WOMAN SYNDROME?
It is defined as pattern of psychological and behavioral symptoms found in women living in
battering relationships as a result of cumulative abuse (Sec. 3 & 5)
-

Used as a justifying circumstances

No criminal or civil liability

Should be determined through the assistance of psychiatrists / psychologists

. OTHER FEATURES

Provides for a prescriptive period from 10-20 years (Secs. 24 & 9)

Defines VAWC as public crime (Sec. 25)

Custody of minor children should be given to the woman even if she is suffering from
Battered Woman Syndrome (Secs. 28 & 6)

ANTI- CYBERCRIME LAW

The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10175,
is a law in the Philippines approved on September 12, 2012. It aims to address legal issues
concerning online interactions and the Internet in the Philippines. Among the cybercrime
offenses included in the bill are cybersquatting, cybersex, child pornography, identity theft,
illegal access to data and libel.

REFERENCES:
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Salonga, Jovito R. 2011. Katarungang Pambarangay Law (Accessed at http://salongacenter.

org/2011/10/katarungang-pambarangay-law/ on November 1, 2014)
__________. 2010. Legal Updates (Accessed at http://famli.blogspot.com/2010/05/legalprocedures-3-katarungang.html on November 1, 2014)
DILG.gov.ph
Local Government Code of 1991

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