KATARUNGANG

PAMBARANGAY LAW

HISTORICAL BACKGROUND
A.

B.

C.
D.
E.

CONCILIATION is a traditional mode of

resolving interpersonal conflicts
Modernization weakened traditional
conciliation
Indigenizing Law
The Traditional became New
Search for alternatives to judicial litigation

HISTORICAL BACKGROUND
F.

Popular dissatisfaction with judicial

resolutions
1.
2.
3.

Delay
High costs
Popular incomprehensibility of judicial process
a)
b)

4.

Use of foreign language

Technicality of legal proceedings

Unsuitability of adjudication for minor disputes

HOW PD 1508 WAS

FORMULATED
January

27, 1978, then President Ferdinand

Marcos created thru Presidential Decree
1293, a Presidential Commission charged
with the duty of studying the feasibility of
instituting a system of resolving disputes
among family and barangay members at the
barangay level, without recourse to courts.

HOW PD 1508 WAS

FORMULATED
The

Commission was composed:

Chief Justice Fred Ruiz Castro as Chairman and

six other as members, namely:
Minister of Justice Vicente Abad Santos
Minister of National Defense Juan Ponce Enrile
Minister of Local Government Jose A. Roo
Minister of Education and Culture Juan L. Manuel
Integrated Bar President Marcelo B. Fernan and
UP Law Center Director Froilan M. Bacugan

HOW PD 1508 WAS

FORMULATED
February

15, 1978, the Commission at its

initial meeting entrusted the actual task of
studying the matter and formulating a draft
law of the innovative proposal to a Technical
Committee composed of the representatives
of the seven members of the Commission,
namely:

UP Law Professor Alfredo F. Tadior

Professor Cecilio L. Pe, Exec. Director of IBP
Court of Appeals Justice Lorenzo R. Relova as
Committee Chairman

HOW PD 1508 WAS

FORMULATED
Other

members were:

Asst. Minister of Justice Lorna dela Fuente

Asst. Minister of Defense Samuel M. Soriano
Bureau of Local Government Director, Gaudioso
C. Sosmea, Jr.
Bureau of Higher Education Director, Antonio Q.
Dumlao

HOW PD 1508 WAS

FORMULATED
The appointment of the Chairman and
members of the Technical Committee was
formalized by Administrative Order No. 12
issued by the Supreme Court Chief Justice.
The same order detailed the functions of the
committee as follows:

1)

To study and formulate a system or systems of

resolving disputes among family and barangay
members, as well as among persons belonging
to different barangays at the barangay level
without the intervention of lawyers and the
courts;

HOW PD 1508 WAS

FORMULATED
2)

3)

To determine the different categories of disputes

that may be settled under the system or
systems; and
To formulate and recommend policies, rules and
regulations an procedural guidelines that will be
followed in the settlement of such disputes.

HOW PD 1508 WAS

FORMULATED
The

Committee was directed to submit its

report and recommendations to the
Commission on or before November 30,
1978.
The Technical Committee met no less than
forty (40) times. It met jointly with the
Presidential Comission at least four (4) times
before the final draft was approved and
submitted to the President.

HOW PD 1508 WAS

FORMULATED
June

11, 1978, President Ferdinand E.

Marcos signed the innovative proposal into
law as Presidential Decree No. 1508 entitled
the Katarungang Pambarangay Law.
Chief Justice Fred Ruiz Castro predicted that
PD 1508 will play a role of historic
proportions in the administration of Justice in
the Philippines.

The Philosophies/Reasons behind

the issuance of PD No. 1508
otherwise known as a Decree
Establishing a System of Amicably
Settling Disputes at the Barangay
Level
1.

The perpetuation and official recognition of the

time-honored tradition of amicably settling disputes
among family and barangay members at the
barangay level without judicial recourse would
promote the speedy administration of justice and
implement the constitutional mandate to preserve
and develop Filipino culture and to strengthen the
family as basic social institution;

The Philiosophy/Reasons behind the issuance of PD

No. 1508 otherwise known as a Decree Establishing a
System of Amicably Settling Disputes at the Barangay
Level
2.

3.

The indiscriminate filing of cases in the courts of

justice contributes heavily and unjustifiably to the
congestion of court dockets, thus causing a
deterioration in the quality of justice;
In order to help relieve the courts of such docket
congestion and thereby enhance the quality of
justice dispensed by the courts, it is deemed
desirable to formally organize and institutionalize a
system of amicably settling disputes at the
barangay level.

ESSENTIAL FEATURES
A.

LUPONG TAGAPAMAYAPA (a) There is hereby

created in each barangay a luping tagapamayapa,
hereinafter referred to as the Lupon, composed of
the punong barangay, as Chairman and ten (10) to
twenty (20) members. The lupon shall be
constituted every three (3) years in the manner
provided therein.
(b) 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 of probity may be appointed a member
of the lupon (Section 399, LG Code of 1991)

ESSENTIAL FEATURES
ORGANIZATION OF THE LUPONG
TAGAPAMAYAPA
FUNCTIONS OF THE LUPON
The Lupon shall:

B.

C.

a.

Exercise administrative supervision over the

conciliation panels provided therein;

ESSENTIAL FEATURES
The Lupon shall:
b.

Meet regularly once a month to provide 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

ESSENTIAL FEATURES
D.

COMPLAINTS AND CASES THAT ARE

WITHIN THE AUTHORITY OF THE LUPON
1)
2)

CRIMINAL CASES
CIVIL CASES
All civil cases are within the jurisdiction of the lupon
except on violence against women and children
pursuant to R.A. No. 9262 and other cases which are
not subject to compromise as provided by related
laws.

ESSENTIAL FEATURES
EXCEPTIONS TO AMICABLE
SETTLEMENT BY THE LUPON (Sec.408,
LG Code 1991)

E.

a)
b)

c)

Where one party is the government or any

subdivision or instrumentality thereof;
Where one party is a public officer or employed
and the dispute relates to the performance of his
official functions;
Offenses punishable by imprisonment exceeding
one (1) year or a fine exceeding Five Thousand
Pesos (P5,00.00)

ESSENTIAL FEATURES
EXCEPTIONS TO AMICABLE
SETTLEMENT BY THE LUPON (Sec.408,
LG Code 1991)

E.

d)

e)

Offenses where there is no private offended

party;
Where the disputes 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.

ESSENTIAL FEATURES
EXCEPTIONS TO AMICABLE
SETTLEMENT BY THE LUPON (Sec.408,
LG Code 1991)

E.

f)

Disputes involving parties who actually reside in

barangays of different cities or municipalities,
except where such barangay units are adjoining
each other and the parties thereto agree to
submit their differences to amicable settlement
by an appropriate lupon;

ESSENTIAL FEATURES
EXCEPTIONS TO AMICABLE
SETTLEMENT BY THE LUPON (Sec.408,
LG Code 1991)

E.

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, motu
propio refer the case to the lupon concerned for
amicable settlement.

SECTION 409, LG Code 1991. Venue.

a)

b)

Disputes between persons actually residing in

the same barangay shall be brought for amicable
settlement before the lupon of said barangay
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 respondent actually
resides, at the selection of the complainant.

SECTION 409, LG Code 1991. Venue.

c)

d)

All disputes involving real property or any interest

therein shall be brought in the barangay where
the real [roperty or the larger portion thereof is
situated;
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.

SECTION 412, (b) where parties may go

directly to Court:

1)
2)

3)

4)

Where the accused is under detention;

Where a person has otherwise been deprived of
personal liberty calling for habeas corpus
proceedings;
Where actions are coupled with provisional
remedies such as preliminary injunctions,
attachment, delivery of personal property, and
support pendente lite; and
Where the action may be otherwise be barred by
the statute of limitations

 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.

KP in Tri-Peoples
Communities
1.

Local system of dispute settlement

In barangays where majority of the inhabitants are
members of indigenous cultural communities as
determined by the Provincial Office of the National
Statistics Office, such community or communities
shall register with the office of the city/municipal
mayor, the name/names of their recognized datus,
tribal leaders or similar leaders. The indigenous
system of settling disputes as certified to by their
respective councils of datus, tribal leaders, or
elders or other similar leaders shall be recognized
without prejudice to the applicable provisions of
the KP.

KP in Tri-Peoples
Communities
1.

Local system of dispute settlement (cont)

Disputes between members of the same
indigenous cultural community shall be in
accordance with the customs and traditions of that
particular cultural community. If the disputants are
all indigenous peoples but belonged to different
tribes, the dispute shall be referred for settlement
in accordance with established procedures
covering inter-tribal disputes, if any, or upon
agreement of the parties. Failure to agree is
considered a failure of settlement.

KP in Tri-Peoples
Communities
1.

Local system of dispute settlement (cont)

If only one party is a member of IP while the other
is not, the disputes cannot be settled under this
method except if the non-IP voluntarily submits to
its jurisdiction. However, if the offense was
committed within the declared ancestral domain,
the IPs mode of conflict resolution is always
applied.
Like in KP, lawyers cannot represent litigants
except if the lawyer is either a respondent or
complainant of the case or appearing as member
of the council elders.

KP in Tri-Peoples
Communities
2.

Attestation of successful settlement

Where a dispute falling within the authority
of the Lupon is successfully settled through
the local indigenous system, the council of
datus, tribal leaders or leaders shall attest to
the settlement and transmit the attested
copy to the Punong Barangay of the place
where the dispute should have been
settled..

KP in Tri-Peoples
Communities
3.

Effect of attested settlement

The attested settlement, shall have the same force
and effect as a settlement arrived at through the
procedures herein provided upon the expiration of
ten (10) days from the date the attested copy of
the settlement is received by the Punong
Barangay.
A party may repudiate the said settlement within
the same period, on the same grounds provide
under the Katarungang Pambarangay Rule.

KP in Tri-Peoples
Communities
4.

Failure of settlement
Where the parties fail to amicably settle their
dispute through the local indigenous system, the
datu or tribal leader or elder concerned shall issue
a certification that settlement has failed and
transmit the same to the Punong Barangay of the
place of settlement.
The parties may mutually agree to submit
themselves to the mediation and conciliation or
arbitration procedures herein provided.

KP in Tri-Peoples
Communities
5.

Certificate to file action

Where there has been no settlement and upon
request by the proper party, the Punong Barangay
to whom the certificate of non-settlement is
transmitted shall issue a certificate to file action in
court/government office on the ground of failure of
settlement.
The punong barangay or lupon chairman upon
receipt of transmitted non-settlement can resort to
issuing a certificate to file action when:
1.
2.
3.

No settlement has been reached after voluntary conciliation, or

No arbitration award after mediation or arbitration, or
The proper party requests for the certificate

KP in Tri-Peoples
Communities
5.

Certificate to file action (cont)

However, certificate to file action is not
necessary under the following
circumstances.
1.
2.

3.

Where one of the parties is a judicial person;

Where one of the parties is a public officer or
employee and the dispute is in connection with the
performance of his official functions;
Where one of the parties is not a member of the tribal
community or does not belong to the same
indigenous cultural community except when he
voluntarily submits to the jurisdiction of the council of
elders/leaders

KP in Tri-Peoples
Communities
5.

Certificate to file action (cont)

However, certificate to file action is not
necessary under the following
circumstances.
(cont)
4. Where the relief sought in the complaint or petition
seeks to prevent in grave, imminent, irreparable
damage or injury that may result if not acted
immediately; and
5. Where the council of elders/leaders refuse to issues
the necessary certification without justifiable cause.

KP in Tri-Peoples
Communities
6.

Records
The Barangay Secretary shall keep a file of
the of the attested settlements and the
certificates of non-settlement transmitted to
the Punong Barangay and transmit a copy
of each of said settlements and certificates
on non-settlement to the proper local trial
court.

Thank you very much.