REMEGIO M. BERGAMO, JR.DPA 706 – GOVERNANCE IN PUBLIC AFFAIRS

History of the Katarungang PambarangayThe establishment and operation of the Barangay Justice System is mandated by Republic Act No. 7160 or the Local Government Code of 1991. Prior to this law, however, the establishment of the Barangay Justice System had been covered by Presidential Decree 1508 in 1978 and Batas Pambansa Blg. 337 or the 1983 Local Government Code.

ObjectivesUnder the Barangay Justice System, the main

strategy for settling disputes is to provide a venue for the disputing parties to search for a solution that is mutually acceptable

Assist the parties in discussing the possible amicable settlement of their disputes.

Do not act as judges or adjudicators of disputes but as facilitators for the disputing parties’ discussion of possible solutions

Constitution of the LuponAppointment of Lupon is the sole prerogative

of the Barangay CaptainDoes not require the approval, confirmation

of the Barangay CouncilWhat if the Barangay Captain fails to

constitute the Lupon? He can be charged for neglect of duty and be

administratively liable

When to constitute the Lupon?WITHIN FIFTEEN (15) DAYS FROM THE

START OF THE TERM AS BARANGAY CAPTAIN, HE/SHE SHOULD ISSUE A NOTICE TO CONSTITUTE THE LUPON AND PREPARE THE LIST OF THE NAMES OF PROPOSED LUPON MEMBERS.

Minimum of 10, Maximum of 20

Qualifications of Lupon MembersACTUAL RESIDENTS/ WORKING IN THE

BARANGAYOF LEGAL AGE WITH THE FOLLOWING

QUALITIES: INTEGRITY, IMPARTIALITY, INDEPENDENCE, FAIRNESS, REPUTATION FOR PROBITY, PATIENCE, RESOURCEFULNESS, OPEN-MINDEDNESS FLEXIBILITY

DisqualificationsBELOW 18 YRS OF AGEINCOMPETENTCONVICTED OF A CRIME

CARRYING WITH IT PENALTIES OF PERPETUAL OR TEMPORARY DISQUALIFICATION FROM

HOLDING PUBLIC OFFICEELECTED GOVERNMENT OFFICIALMEMBER OF ARMED FORCES WHO IS IN

THE ACTIVE SERVICE

Steps to take after identifying the 10-20 members of the LuponBarangay Secretary Shall:

Prepare a notice to constitute the Lupon using the KATARUNGANG PAMBARANGAY (KP) Form 1

Notice to be posted in the 3 conspicuous/strategic places in the barangay

THE NOTICE SHALL CONTAIN AN INVITATION TO ALL BARANGAY MEMBERS TO ENDORSE OR OPPOSE THE PROPOSED APPOINTMENT OF ANY

PERSON/S INCLUDED IN THE LIST.THE RECOMMENDATION SHALL BE MADE

WITHIN THE PERIOD OF POSTING FOR THREE

WEEKS.

MEMBER OF THE BARANGAY CAN PROTEST OR RECOMMEND SOMEBODY FROM THE BARANGAY

10 days after the last day of posting, the Captain shall put into writing the appointment of the Lupon members using KP Form 2, duly signed by the captain and attested by the Barangay Secretary.

The newly appointed Lupon members will immediately take their oath before the Barangay Captain using KP Form 5

After taking the oath of office, the list of Lupon Members shall be posted in a conspicuous/strategic place in the Barangay

RECAP: Steps to constitute the LuponSTEP 1: Determining the actual number of

Lupon MembersSTEP 2: Preparing a notice to constitute the

LuponSTEP 3: Posting the notice to constitute the

LuponSTEP 4: Appointment of Lupon MembersSTEP 5: Oath taking of Lupon membersSTEP 6: Posting

Term of Office3 yearsUNLESS TERMINATED

BY DEATH,RESIGNATION, TRANSFER OF RESIDENCE

OR PLACE OF WORK,WITHDRAWAL OF APPOINTMENT BY THE

BARANGAY CAPTAIN. HOWEVER, THE WITHDRAWAL SHOULD BE CONCURRED WITH A MAJORITY OF ALL THE MEMBERS OF LUPON. (see KP Form 6)

Compensation / BenefitsLupon members shall serve without

compensationIf the Barangay has enough funds,

HONORARIA may be given

COMMISSION ON HIGHER EDUCATION

(CHED) ORDER 62 SERIES OF 1997 TWO DAUGHTERS OR SONS OF A LUPON

MEMBER ARE QUALIFIED TO BECOME A STATE SCHOLAR IN TERTIARY EDUCATION TO ANY STATE COLLEGES OR UNIVERSITIES

Steps in Resolving DisputesMEDIATION BEFORE THE Barangay Captain

Has authority or power to mediate cases in the Barangay

Basic ConcernsThe Dispute will be settled in the barangay

where the RESPONDENTS or one of the RESPONDENTS in the Barangay resides

CHOICE/OPTION of the complainantWhat if any of the involved parties is

incompetent or a minor?He/She should be represented by a legal

guardian or next of kin who is NOT A LAWYER.

Basic ConcernsA juridical person / corporation like a

cooperative cannot file a complaint became is not a party to amicable settlement.

Any case involving a cooperative or people’s organization can go directly to court without going through mediation or conciliation

CASES COVERED BY THE KATARUNGANG PAMBARANGAYAll disputes, civil and criminal in nature

where parties actually reside in the SAME CITY / MUNICIPALITY are subjected to proceedings of amicable settlement.

UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES (ART. 154);

ALARMS AND SCANDALS (ART. 155);USING FALSE CERTIFICATES (ART. 175);USING FICTITIOUS NAMES AND CONCEALING

TRUE NAMES (ART. 178);ILLEGAL USE OF UNIFORMS AND INSIGNIAS (ART.

179);PHYSICAL INJURIES INFLICTED IN A

TUMULTUOUS AFFRAY (ART. 252);GIVING ASSISTANCE TO CONSUMMATED SUICIDE

(ART.253);RESPONSIBILITY OF PARTICIPANTS IN A DUEL IF

ONLYPHYSICAL INJURIES ARE INFLICTED OR NO

PHYSICAL INJURIES HAVE BEEN INFLICTED (ART. 260);

LESS SERIOUS PHYSICAL INJURIES (ART. 265);

SLIGHT PHYSICAL INJURIES AND MALTREATMENT (ART. 266);UNLAWFUL ARREST (ART. 269); INDUCING A MINOR TO ABANDON HIS/HER HOME (ART. 271);ABANDONMENT OF A PERSON IN DANGER AND

ABANDONMENT OF ONE’S OWN VICTIM (ART. 275); ABANDONING A MINOR (A CHILD UNDER SEVEN [7] YEARS

OLD) (ART. 276);ABANDONMENT OF A MINOR BY PERONS ENTRUSTED WITH

HIS/HER CUSTODY; INDIFFERENCE OF PARENTS (ART. 277);QUALIFIED TRESSPASS TO DWELLING (WITHOUT THE USE OF

VIOLENCE AND INTIMIDATION). (ART. 280);OTHER FORMS OF TRESSPASS (ART. 281);LIGHT THREATS (ART. 283);OTHER LIGHT THREATS (ART. 285);GRAVE COERCION (ART. 286);LIGHT COERCION (ART. 287);OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF

MERCHANDISE AND PAYMENT OF WAGES BY MEANS OF TOKENS). (ART. 288);

FORMATION, MAINTENANCE AND PROHIBITION OF COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS (ART. 289);

DISCOVERING SECRETS THROUGH SEIZURE AND CORRESPONDENCE (ART. 290);

REVEALING SECRETS WITH ABUSE OF AUTHORITY (ART. 291);

THEFT (IF THE VALUE OF THE PROPERTY STOLEN DOES NOT EXCEED P50.00). (ART. 309);

QUALIFIED THEFT (IF THE AMOUNT DOES NOT EXCEED P500). (ART. 310);

OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY (ART 312);

ALTERING BOUNDARIES OR LANDMARKS (ART. 313);SWINDLING OR ESTAFA (IF THE AMOUNT DOES NOT

EXCEED P200.00). (ART. 315);OTHER FORMS OF SWINDLING (ART. 316);SWINDLING A MINOR (ART. 317);OTHER DECEITS (ART. 318);REMOVAL, SALE OR PLEDGE OF MORTGAGED

PROPERTY (ART. 319);

SPECIAL CASES OF MALICIOUS MISCHIEF (IF THE VALUE OF THE DAMAGED PROPERTY DOES NOT EXCEED P1,000.00). (ART 328);

OTHER MISCHIEFS (IF THE VALUE OF THE DAMAGED PROPERTY DOES NOT EXCEED P1,000.00). (ART. 329);

SIMPLE SEDUCTION (ART. 338);ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF

THE OFFENDED PARTY (ART 339);THREATENING TO PUBLISH AND OFFER TO PREVENT

SUCH PUBLICATION FOR COMPENSATION (ART. 356);PROHIBITING PUBLICATION OF ACTS REFERRED TO

IN THE COURSE OF OFFICIAL PROCEEDINGS (ART. 357);

INCRIMINATING INNOCENT PERSONS (ART. 363);INTRIGUING AGAINST HONOR (ART. 364);ISSUING CHECKS WITHOUT SUFFICIENT FUNDS (BP

22);FENCING OF STOLEN PROPERTIES IF THE PROPERTY

INVOLVED IS NOT MORE THAN P50.00 (PD 1612).

Exempted Cases OFFENSES INVOLVING GOVERNMENT ENTITY;ONE PARTY IS A PUBLIC OFFICER/EMPLOYEE –

Dispute relates to performance of official functions OFFENSES WITH MAXIMUM PENALTY OF 1 YEAR

AND EXCEEDING FINE FIVE THOUSAND (P5,000.00);

OFFENSES WITH NO PRIVATE OFFENDED PARTY;REAL PROPERTIES IN DIFFERENT CITIES OR

MUNICIPALITIES, DISPUTES THAT NEED URGENT LEGAL ACTION, LABOR DISPUTES, AND ACTION TO ANNUL A JUDGMENT UPON A COMPROMISE.

MEDIATION

STEP 1: Filing of the caseComplainant with the help of the secretary will

fill up KP FORM 7Minimal filing feePERSONAL CONFRONTATION is required

NO INDIVIDUAL CAN GO DIRECTLY TO COURT / GOV’T OFFICE FOR ADJUDICATION OF HIS/HER DISPUTE WITH ANOTHER INDIVIDUAL ESPECIALLY OF THE MATTER IS WITHIN THE KP JURISDICTION

NOT A BARANGAY COURTLUPON MEMBERS ARE NOT JUDGES

It is a conciliation body and the members are conciliators.

Barangay CaptainMediator

STEP 2Within 3 days from receipt of the complaint

and payment of the filing feeIssue a NOTICE OF HEARING TO THE

COMPLAINANTIssue SUMMONS/SUBPOENA TO THE

RESPONDENT BOTH shall appear at the BARANGAY

CAPTAIN’S OFFICE

What if any of the parties fail to appear?Complainant fails to appear WITHOUT

justifiable causeDISMISS THE COMPLAINTCannot file a case in courtCan be punished for indirect contempt of court

Respondent fails to appear WITHOUT justifiable causeHis/her counterclaim will be dismissed and he

will be barred from filing in court and be punished for indirect contempt of court

Appearance of the PartiesThe BARANGAY CAPTAIN SHALL NOT

RESOLVE THE CASE.The BARANGAY CAPTAIN WILL HELP

THEM RESOLVE THE CASEBARANGAY CAPTAIN

MediatorHelp them find the solution to their problem

within FIFTEEN (15) DAYS.IF THE RESPONDENT DOES NOT APPEAR:

The case shall be referred to the PANGKAT NG TAGAPAGSUNDO

Basic steps in handling cases by the Barangay CaptainExplain the process and objectives of

mediation & the rules to be observedGive each party to explain their side without

interruption from the other partyAsk questions and involve both parties in

looking for a solutionREMEMBER:

Barangay Captain is not a judge but a mediatorLet both parties find a solution to their dispute

If parties agree to a settlement/compromiseIn writingIn a language or dialect known to partiesNOT TO BE DRAFTED BY A LAWYER AND

BROUGHT TO HOMES OF THE PARTIES FOR THEIR SIGNATURES AND NOT HAVE IT NOTARIZED BY A NOTARY PUBLIC/LAWYER

IT SHOULD BE DRAFTED AT THE BARANGAY HALL AND NO WHERE ELSE

How can we be ensured that the Agreement will be complied?After TEN (10) days, the settlement will be

executory and HAS THE FOCE AND EFFECT OF A DECISION OF A COURT

What if one of the parties was forced to come up with a settlement through fraud or intimidation?Any party can protest the settlement within

TEN DAYS.AFTER TEN DAYS, the settlement will take

EFFECT

How can the Respondent Comply with the Settlement?He/she can voluntarily comply within FIVE

(5) DAYSIf he/she fails, the mode and manner in

executing the settlement is provided for by law

OTHER DETAILS TO BE DISCUSSED LATER

If MEDIATION before the BARANGAY CAPTAIN FAILSThe parties cannot yet elevate their case to courtThe parties still have to go through conciliation

proceedingsBarangay Captain TO CONSTITUTE the PANGKAT

NG TAGAPAGSUNDO within FIFTEEN (15) DAYS from the last day of MEDIATION PROCEEDINGS.

Is CONCILIATION = MEDIATION?The process is the same, except that MEDIATION

is done by the Barangay Captain, while CONCILIATION is done by the PANGKAT headed by a CHAIRPERSON.

CONCILIATION

What is CONCILIATION (before the Pangkat)?Conciliation is merely INTERVENING

between TWO OR MORE Contending parties in order to prevent or put an end to a dispute with an agreement to abide by the decision of the conciliator

Who are members of the PANGKAT?3 MEMBERS shall come from the LUPON

and chosen by the Complainant and Respondent

What if the parties fail to agree on the Pangkat Membership?The Barangay Captain will determine the

THREE MEMBERS by drawing lots to be distributed to the members of the Pangkat

After they have been chosen, the Pangkat Members shall Choose Among themselvesA ChairpersonSecretary

The LUPON SECRETARY shall turn over the case to the PANGKAT SECRETARY for the Pangkat to study

Disqualifications OF A Pangkat Member

Vacancy in the Pangkat

Procedure before the PangkatThe Pangkat shall meet to hear both partiesExplore possibilities for Amicable Settlement

within FIFTEEN DAYS Can be extended for another FIFTEEN DAYS

Issue Subpoena of a witness whenever necessary

If the PANGKAT CHAIRPESON finds after hearing that the failure to appear of the COMPLAINANT is without justifiable reason, he shall:

What happens is the Pangkat is successful in the Conciliation?An amicable settlement shall be put into

writing in a dialect / language known to themATTESTED TO BY THE LUPON CHAIRMAN /

PANGKAT CHAIRMANIt has the force and effect of a final judgment

in court after TEN DAYS from the date the Amicable settlement was made, UNLESS a protest or repudiation of the settlment was made.

The Pangkat Secretary shall prepare a transmittal of the settlement to the appropriate court & fills up a transmittal form

What if the settlement was affected adversely by fraud, violence, intimidation, etc.,The parties can repudiate the settlement

within TEN DAYS from the date of filing with the Lupon Chairman or Pangkat a statement to that effect sworn before him

Failure to repudiate the settlement within a TEN DAY period shall be deemed a waiver of the right to challenge on said grounds.

How can the Amicable Settlement before the Pangkat be executed

How can the settlement be actually executed?Within SIX MONTHS from date the

settlement was agreed uponThe disputant must file a Motion for

Execution with the Barangay CaptainThe Barangay Captain conducts a hearing on

the date assigned by the Movant. The date shall not be later than FIVE DAYS

from the filing of the motion

What happens during the hearing?The Barangay Captain shall ascertain the

facts for the NON-COMPLIANCE of the settlement and STRONGLY ENCOURAGE the party obliged to COMPLY WITH THE SETTLEMENT

After the lapse of FIVE DAYS with no voluntary compliance, the Barangay Captain shall issue a NOTICE OF EXECUTION

RECAPWhat are the ways of resolving conflicts

within our barangay?MEDIATION through the Office of the

Barangay CaptainCONCILIATION through the PANGKAT

At any stage of these two ways of resolving conflicts, another way of resolving cases under your jurisdiction is the process of ARBITRATION.

ARBITRATION

Definition of ArbitrationAnother way of settling disputes wherein the

parties agree to be bound by a decision of a third person or body in place of a regularly organized tribunal

ArbitrationCan take place at any stage of the

proceedings as long as both parties agree in writing to abide by the arbitration award of the LUPON or the PANGKAT.Who can act as ARBITRATORS?

LUPON CHAIRPERSON BARANGAY CAPTAIN PANGKAT CHAIRPERSON

What happens in Arbitration?Lupon Chairperson/Pangkat assists the parties in

defining the issues & exploring solutions to develop a mutually acceptable settlement

The Lupon Chairperson/Pangkat is given the POWER TO RENDER DECISIONS on the dispute with a prior agreement of the parties to be bound by it.

The parties shall present evidence as to the facts and merits of the case to the arbitrator.On the basis of these facts, the arbitrator makes a

decision on what he believes to be fair or justThe Arbitrator must be NEUTRAL & IMPARTIAL in

making the decision which must be suitable to the disputing parties.

StepsFiling of the complaint with the OFFICE OF THE

BARANGAY CAPTAIN and payment of the Filing Fee.

IF parties agree to submit themselves to arbitration process at ANY STAGE of the mediation/conciliation, the conduct of an ARBITRATION HEARING can take place immediatelyAfter filling up the agreement, the parties are given

FIVE DAYS to withdraw from such an agreement by filling up a sworn statement stating his/her reasons that such agreement was obtain through fraud, violence, and intimidation (if such is the case)

Is there a need to proceed with the case in the Lupon if such circumstances are present?NO.Forward the case to court by issuing a

CERTIFICATE TO FILE ACTION

IF THERE IS NO REPUDIATION?Proceeding to hearing their caseSet the case for hearingParties to be officially notified of the hearing

through a NOTICE OF HEARING and SUMMONS.

What if any of the parties fail to appear?Apply the same procedure in MEDIATION or

CONCILIATION for the unreasonable neglect of the COMPLAINANT / RESPONDENT

COMPLAINANT’s absence is unjustified and willfulComplaint is outrightly dismissedBarred from filing the action in court

RESPONDENT’s absence is unjustified and willfulIssue a CERTIFICATE TO FILE ACTION and

CERTIFICATE TO BAR COUNTERCLAIM in favor of the Complainant

If parties are Present, how does one conduct the Arbitration?Conduct hearing in the manner of a court or

adjudicative trialComplainant and respondent will present their

respective case and submit all their necessary evidence

THE LUPON CHAIRPERSON / PANGKAT will then issue a resolution based on the merits of the case, testimony of the witnesses and the evidence presented

ARBITRATION AWARDJust like an amicable settlement put into writing etc.

attested to by the Lupon or the Pangkat Chairperson

Time to render decisionFIFTEEN DAYS but not earlier than SIX

DAYS from the date of last hearing to evaluate and issue the ARBITRATION AWARD

Within FIVE DAYS, the Secretary shall furnish a copy of the Arbitration Award to the Parties

Keep a file at the LUPON OFFICE and be sure to furnish a copy to the City/Municipality Court

How shall the Arbitration Award take effect?Parties are given TEN DAYS to nullify the

decisionAfter TEN DAYS, the decision becomes final

and executory

HOW TO EXECUTE THE AWARD?In the same manner that MEDIATION /

CONCILIATION Settlements are executed

SCHOLARSHIPCHED ORDER 62Guidelines Implementing the Study Grant

Program for Barangay Officials and their Legitimate Dependents

WHO ARE QUALIFIED?Not more than 21 years of ageHighschool graduate with an average of 80%Passed the entrance exam in a State College or

UniversityIncome of parents must not exceed

PHP72,000.00 ANNUALLY.

DOCUMENTARY REQUIREMENTSCertification from the OFFICE OF THE

MAYOR that the applicant is a child of the barangay official

NSO Birth Certificate, Highschool Report Card

Entrance Exams resultIncome Tax ReturnCertificate of Good Moral Character from the

Principal or Guidance Councilor

Conditions for the AssistanceThe grantee or the child of the LUPON will

carry a FULL SEMESTRAL LOAD EVERY SEMESTER

Finish his/her course in the prescribed duration and will maintain at least a passing grade in all his/her subjects

OTHER CONDITIONSThe applicant must not be enjoying any study

grant at the time of the applicationOnly two children of the Lupon Member are

allowed for a given term

Shifting of course may be allowed after getting the approval from the registrar

CAN THE SCHOLARSHIP BE TERMINATED?Grantee has failed in the subjectsFalsified his/her recordsTransferred to another school without the

approval of the registrarJoined or participated in subversive

organizations/activitesNo available funds for the scholarship

Hurry and see if the nearest state college/university has a scholarship program under CHED ORDER #62 and bring the aforementioned items in the list of requirements

FundingState colleges and universities concerned are

required to incorporate in their budget program the necessary funds to support the expenses of the beneficiaries as provided for in CHED ORDER #62

Annual Search for the OUTSTANDING LUPONG TAGAPAMAYAPAHow to enterJoin selection process at the City/Municipal

level

1st CRITERIA

2nd CriteriaResourcefulness / creativity of the

Conciliators/MediatorsCan be seen through the records / minutes

made by the LUPON SECRETARYEvaluators will be able to know the innovative

technique and skills of the conciliators/mediators and the coordination made with appropriate agencies like the PNP or the Municipal Trial Court in Cities

3rd Criteria

Thank you for attending this Sunday’s Session.

NEXT SUNDAY’S SESSIONBASIC CRIMINAL LAW / Common Criminal

Offenses covered by Katarungang Pambarangay

BASIC CIVIL LAW / Common Civil Disputes covered by Katarungang Pambarangay