BARANGAY JUSTICE SYSTEM (BJS)

Katarungang Pambarangay

BJS provides a way for members of a barangay (or barangays within the same
municipality or city, or adjacent barangays but from different municipalities/cities) to
settle their disputes through mediation, conciliation and arbitration without resorting to
formal justice system.

1. What is conciliation?
a. To overcome the distrust or animosity of; appease.
b. To regain or try to regain (friendship or goodwill) by pleasant behavior.
c. To make or attempt to make compatible; reconcile.

2. What is mediation? Mediation, a form of alternative dispute resolution (ADR),

aims to assist two (or more) disputants in reaching an agreement.

3. What is arbitration? Arbitration is a legal technique for the resolution of disputes

outside the courts, wherein the parties to a dispute refer it to one or more
persons (the "arbitrators", "arbiters" or "arbitral tribunal"), by whose decision
(the "award") they agree to be bound.

4. What is repudiation?The refusal to acknowledge a contract or debt.

5. What is the essence of Katarungan Barangay? The essence of the Katarungang

Pambarangay Law is the amicable settlement of disputes wherein the disputing
parties are encouraged to make mutual concessions to obtain a peaceful
resolution of the dispute without formal adjudication thereof. The important
consideration in amicable settlement is the extent to which the parties are
willing to compromise their respective claims against each other within the
limits imposed by law, morals, good customs, public order and public policy.
(DOJOpinion No. 185, s. 1981)

6. What is essence of Katarungan Barangay? The barangay settlement procedures

are intended as a screening process whereby the barangay captain and the
pangkat ng tagapagkasundo, the conciliation panel constituted from the lupon
membership, determine which cases are truly irreconcilable and should
therefore be resolved judicially (DOJOpinion No. Ill, s. 1982)

7. What is the procedure for amicable settlement? Mediation by the 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 theme
and their witness to appear before him for a 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.
8. What is the procedure for amicable settlement? 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 filling
of the complaint with the punong barangay.

9. What is the procedure for amicable settlement? 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.

10. What is the procedure for amicable settlement? In the event that a party move 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 decied upon, the
resulting vacancy shall be filled as herein provided for.

11. What is the procedure for amicable settlement? 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.
(Section 410)

12. What are the objectives of barangay conciliation procedure? The barangay
system of dispute resolution is an institution established through P.O. 1508for
the purpose of shifting or segregating cases which can be peaceably or amicably
settled between the parties and those which are truly irreconcilable as to require
formal adjudication before the courts or other government offices.

13. What are the objectives of barangay conciliation procedure? The former type of
cases are prevented from reaching the regular courts of justice or government
offices performing adjudicatory functions the dockets of which are thereby
relieved of congestion of pending cases. (DOl Opinion No. 10, s.1982)

14. What are the objectives of barangay conciliation procedure? Speedy

Administration of Justice An essential objective of the Katarungang Pambarangay
Law is the promotion of the speedy administration of justice. (DOT Opinion No.
26, s. 1982)
15. What are the objectives of barangay conciliation procedure?Alternative to
Litigation The primary purpose of P.D. 1508, (now, Chapter 7, Title One, Book III,
Local Government Code) is to provide the conciliation mechanism as an
alternative to litigation in dispute settlement, to members of the responding
barangay who are actually residing therein. (Bejer v. Court of Appeals, 169 SCRA
566, 572, Jan, 27, 1989)

16. What are the objectives of barangay conciliation procedure? Peaceful and
Friendly Settlement One of the purposes of the Katarungang Pambarangay Law
is to relieve trial courts of cases among neighbours that hopefully can be settled
through the mediation of their peers in peaceful and friendly confrontations.
(Ramos v. Court of Appeals. 174 SCRA 690, 695, June 30, 1989)

17. What are the objectives of barangayconciliation procedure? By compelling the

disputants to settle their differences through the intervention of the barangay
leader and other respected members of the barangay, the animosity generated
by protracted court litigations between members of the same political unit, a
disrupted factor toward unity and cooperation is avoided. (Morata v. Go, 125
SCRA 444, 449, Oct. 27, 1983)

18. What are the objectives of barangay conciliation procedure? Perpetuate

Tradition and Culture The term "barangay level" distinguishes the system
instituted by P.O. No. 1508 (now in LGC) for the purpose of perpetuating and
giving official recognition to our time-honored tradition of resolving disputes
among family and barangay members from the court system which performs the
same function of resolving disputes or controversies, but through formal and
technical rules of procedure. (DOJ Opinion No. 87, S. 1981)

19. What are the objectives of barangay conciliation procedure? Interest of Public
Peace and Order While it is conceded that the State has the sovereign right to
prosecute criminal offenses and that the fiscal has the full control in public
prosecution, P.O. No. 1508 (now in LGC) stays the prosecuting arm of the
government in cases of light offenses and allows the parties to settle their
differences in the larger and greater interest of public peace and order. (People v.
Caruncho, 127 SCRA 16, 31, Tan. 23, 1984)

20. How is the lupon different from thebarangay council? The barangay council is
the barangays law- making body, created under the Revised Barrio Charter, R.A.
3590, as amended. The lupong tagapayapa is the council created under P.O. 1508.
The lupon is a conciliation body separate and distinct from the barangay council
or sanggunian. (DOJ Opinion No. 43, s. 1982)

21. What are the provisions of the Katarungan Pambarangay under R.A. 7160? There
is hereby created in each barangay a lupong tagapamayapa, hereinafter referred
to as the lupon, composed of the Punong Barangay as Chairman and the Ten (10)
 to Twenty (20) members. The lupon shall be constituted every three (3) years in
the manner provided by law.

22. 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.

23. A notice to constitute the lupon, which shall include the names of proposed
members who have expressed their willingness to serve, shall be prepared by
the punong barangay within the first fifteen (15) days from the start of his term
of office. Such notice shall be posted in three (3) conspicuous places in the
barangay continuously for a period of not less than three (3) weeks.

24. The punong barangay, taking into consideration any opposition to the proposed
appointment or any recommendations for appointments as may have been made
within the period of posting, shall within ten (10) days thereafter, appoint as
members those whom he determines to be suitable therefore. Appointments
shall be in writing, signed by the punong barangay, attested to by the barangay
secretary.

25. The list of appointed members shall be posted in three (3) conspicuous places in
the barangay for the entire duration of their term of office; and In barangays
where majority of the inhabitants are mebers of indengeous cultural
communities, local systems of settling disputes through their councils of datus or
elders shall be recognized without prejudice to the applicable provisions of this
code.

26. What are the functions of the lupon? The function of the lupon tagapayapa is
primarily conciliatory not adjudicative. (DOJ Opinion No. 64, s. 1982)

27. What are the functions of the lupon? The lupon shall: a. Exercise administrative
supervision over the conciliation panels provided in the Code. b. Meet regularly
once a month to provide a forum for 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. c. Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.

28. What is the scope of the lupon powers? The Lupon Tagapamayapa is an
administrative body. It has only such powers and functions as are conferred on it
expressly or by necessary implication by the law that created it. (DOJ Opinion No.
100, s. 1979 and No. 29, s. 1984)
29. Who will be the ex-officio chairman ofthe lupon? The punong barangay
(barangay captain) is ex officio chairman of the lupon of his barangay by express
provision of P.O. 1508. Upon him alone devolves ipso facto the powers and duties
of the chairman of the lupon, namely: to constitute the lupon; to mediate and
arbitrate disputes; to constitute the pangkat ng tagapagkasundo; and to perform
miscellaneous duties relative to the regular monthly meetings of the lupon. (DOJ
Opinion No. 67, s. 1981)

30. Who will take over if the ex-officio chairman is not available? The most senior
councilman succeeds to substitute for the punong barangay in case the latter
ceases to hold office or is unable to perform his duties under the Katarungang
Pambarangay Law. If said senior councilman likewise ceases to hold office or is
unable to perform said duties, the process of succession successively devolves
upon the other councilmen in the order of their seniority. (DOJ VUUlLUrIS No. 67,
s. 1981 and No. 107, s. 1983)

31. What is improper substitution? Without conducting a personal confrontation of

the parties before him for mediation, the punong barangay instead, referred the
case to a lawyer who acted thereon purportedly as a "pangkat chairman." Under
the circumstances the assumption by the said lawyer of the position of chairman
of the pangkat ng tagapagkasundo was devoid of legal basis because of the non-
compliance with the statutory requirement of personal confrontation of the
parties before the punong barangay as provided under Section 4 (b) of P.O. 1508,
and with the procedure prescribed by the law for the selection of pangkat
chairman
32. 33. What is improper substitution? Moreover, it does not appear that said lawyer
is a senior member of the barangay council who can substitute for the punong
barangay as lupon chairman. Only members of the sangguniang barangay, in the
order of their seniority, can succeed to or substitute for, the punong barangay as
lupon chairman. (DOl Opinion No. 341 s. 1984)
33. 34. What is the territorial limits of lupon ? The authority of every lupon
constituted for a particular barangay is co-extensive with the territorial limits of
said barangay. Thus, the lupon may not exercise its authority outside the
territorial confines of its own barangay. (DOJ Opinion No. 13, s.1980)
34. 35. Who shall act as Secretary of theLupon? The Barangay Secretary shall
concurrently serve as the secretary of the Lupon (Section 403)
35. 36. What are the funtions of theSecretary? He shall record the results of
mediation proceedings before the punong barangay and shall submit a report
thereon to the proper city or municipal courts. He shall also receive and keep the
records of proceedings submitted to him by the various conciliation panels.
36. 37. Describe Pangkat ng tagapagkasundo. There shall be constituted for each
dispute brought before the lupon a conciliation panel to be known as the pangkat
ng tagapagkasundo, hereafter reffered to as the pangkat, consisting of three (3)
members who shall be chosen by the parties to the dispute from the list of
members of the lupon. (Section 404, a) Should the parties fail to agree on the
pangkat membership, the same shall be determined by lots drawn by the lupon
chairman.
37. 38. Describe Pangkat ng Tagapagkasundo. 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 serves notices to the
parties concerned. (Section 404, b) The lupon secretary shall issue certified true
copies of any public record in his custody that is not by law otherwise declared
confidential. (Section 404)
38. 39. How to fill-up vacancies in thePangkat? Any vacancy in the pangkat shall be
chosen by the parties to the dispute from the among the other lupon members.
Should the parties fail to agree on a common choice, the vacancy shall be filled by
lot to be drawn by the lupon chairman.
39. 40. The choice of Pangkat members. The choice of pangkat members is the
parties prerogative. The rationale for this procedure is that the parties would be
better disposed to amicably settle their dispute before a conciliation panel whose
members are freely chosen by them. (DOl Opinions No. 262, s. 1982 and No. 34, s.
1984)
40. 41. Characterize the Office and Service ofLupon Members. The 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. (Section
406, a)
41. 42. Characterize the Office and Service ofLupon Members. The lupon or pangkat
members shall serve without compensation, except as provided for in Section
393 and without prejudice to incentives as provided for a system of granting
economic or other incentives to the lupon or pangkat members who adequately
demonstrate the ability to judiciously and expeditiously resolves cases referred
to them. 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. (Section 406, b)
42. 43. Who shall render legal advice on mattersinvolving questions of law? The
provincial, city legal officer or prosecutor or the municipal legal oficer 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. (Section
407)
43. 44. Enumerate the exceptions for amicablesettlement. The lupon of each
barangay shall have authority to bring together the parties actually residing in
the same city or municipality for amicable settlement of all disputes except: a.
Where one party is the government or any subdivision or instrumentality
thereof; b. Where one party is a public officer or employee, and the dispute
relates to the performance of his official functions; c. Offenses punishable by
imprisonment exceeding one (1) year or a fine of Five thousand (P5, 000.00);
44. 45. Enumerate the exceptions for amicablesettlement. d. Offense where there is
no private offended party; e. Where the dispute involves real properties located
in different cities or municipalities unless the parties thereto agree to submit
their differences to amicable settlement by an appropriate lupon; f. Disputes
involving parties who actually reside in barangay 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;
45. 46. Enumerate the exceptions for amicablesettlement.g. Such other classes of
disputes which the President may determine in the interest of justice or upon the
recommendation of the Secretary of Justice. The court in which non-criminal
cases not falling within the authority of the lupon under this Code are filed may,
at any time before trial, non proproi refer the case to the lupon concerned for
amicable settlement. (Section 408)
46. 47. Where will the conciliation will be held?1. Disputes between persons actually
residing in the same barangay shall be brought for amicable settlement before
the lupon of said barangay.2. 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.3. All disputes involving real property or any interest therein
shall be brought in the barangay where are real property or the larger portion
thereof is situated.
47. 48. Where will the conciliation will be held?4. 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.5. 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. (Section 409)
48. 49. Who may initiate proceedings foramicable settlement? 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. (Section 410)
49. 50. How will the settlement be recorded? 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 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. (Section
411)
50. 51. Is conciliation proceedings a pre-conditionto the filing of complaint in court?
Yes. No complaint, petition, or proceeding involving any matter within the
authority of the lupon shall be filed or instituted directly in court or any other
government office for adjudication, unless there has been confrontation between
the parties before the lupon chairman or the pangkat, and that no conciliation or
settlement has been reached as certified by the lupon secretary as attested to by
the lupon chairman or pangkat chairman or unless the settlement has been
repudiated by the parties thereto. (Section 412)
51. 52. Is conciliation proceedings a pre-conditionto the filing of complaint in
court?However, the parties may go directly to court if: 1. Where the accused is
under detention; 2. Where a person has otherwise been deprived of personal
liberty calling for habias corpus proceeding; 3. Where actions are coupled with
the provisional remedies such as preliminary injunction, attachment, delivery of
personal property, and support pedente lite; and
52. 53. Is conciliation proceedings a pre-conditionto the filing of complaint in
court?4. Where the action may otherwise be barred by the statute of
limitations.5. Conciliation among members of indigenous cultural communities. –
the customs and traditions of indigenous cultural communities shall be applied
in settling disputes between members of the cultural communities.
53. 54. The parties may, at any stage of the proceeding, agreein writing that they
shall abide by the arbitrationaward of the lupon chairman or the pangkat.
Suchagreement to arbitrate may be repudiated within five(5) days from the date
thereof for the same groundsand in accordance with the procedure
hereinafterprescribed. The arbitration award shall be made afterthe lapse of the
period for repudiation and within ten(10) days thereafter. (Section 413)
54. 55. How will the written agreement bewritten? 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. (Section 413)
55. 56. Will the proceeding will be open to thepubic? 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 propio or upon request of a
part, exclude the public from the proceeding in the interest of privacy, decency,
or public morals (Section 414)
56. 57. Who should be present duringconciliation? In all katarungang pambaranagay
proceedings, the parties must appear in person without the assistance of counsel
or representative, except for minors and incompetents who may be assisted by
their next-of- kin who are not lawyers. (Section 415)
57. 58. The effect of amicable settlement andarbitration 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 municipality court. (Section 416)
58. 59. The effect of amicable settlement andarbitration award. However, this
provision shall not apply to court cases settled by the lupon under the last
paragraph of Section 408 of this code, in which case the compromise settlement
agreed upon by the 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.
59. 60. When will the amicable settlement andarbitration award will be enforced?
The amicable settlement or arbitration award may be enforced by execution by
the lupon within six (6) months from the date of the settlement. After the lapse of
such time, the settlement may be enforced by action in the appropriate city or
municipal court. (Section 417)
60. 61. Can any member of the party stillrepudiate even after the settlement? 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 repudiation shall be sufficient basis for the issuance of the
certification for filling a complaint as hereinabove provided. (Section 418)
61. 62. Who will transmit the settlement or the arbitrationaward to the appropriate
city or municipal 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 each of the parties to
the settlement and the lupon chairman. (Section 419)
62. 63. The punong barangay, as chairman of the lupongtagapamayapa, and the
members of the pangkat arehereby authorized to administer oaths in
connectionwith any matter relating to all proceedings in theimplementation of
the katarungng pambarangay.(Section 420)
63. 64. Who will implement the administration and rulesand regulation of the
katarungan pambarangay? The city or municipal mayor, as the case may be, shall
see to the efficient and effective implementation and administration of the
katarungang pambarangay. The secretary of Justice shall promulgate the rules
and regulations necessary to implement this chapter. (Section 421)
64. 65. Who will provide the budget of thekatarungan pambarangay? Such amount
as may be necessary for the effective implementation of the katarungang
pambarangay shall be provided for in the annual budget of the city or
municipality concerned. (Section 422)