KATARUNGANG PA

MBARANGAY
Speaker: April Tuanda
 PURPOSE
To effect an amicable settlement of
disputes among family and barangay
members at the barangay level without
judicial recourse and consequently help
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relieve the courts of docket congestion.
(Preamble of P.D. 1508)
Insert the title of your subtitle Here
“ What is the governing law when it
“
comes to mediation in the Barangay?
The Revised Katarungang Pambarangay
Law is found in sections 399 to 422
of (RA) 7160 otherwise known as
the Local Government Code of 1991.
 No. Barangay Officials do not have
judicial powers. They are simply
DO WE authorized to do conciliation or
mediation so that disputes that are
HAVE A within their jurisdiction will no longer
reach the courts and therefore will
“BARANGAY help in the declogging of court
COURT”? dockets.
“ W H AT A R E T H E C A S E S
“
COGNIZABLE BY THE LUPON?
“ W H AT C A S E S A R E
“
EXEMPTED?
 Under section 408 of the Local Government Code, the Lupon of each
Barangay shall have jurisdiction to amicably settle all disputes between
parties residing in the same city or municipality EXCEPT:

01 Where one party is the government or any

subdivision or instrumentality thereof;

Where one party is a public officer or employee,

02 and the dispute relates to the performance of his
official functions;

03 Offenses punishable by imprisonment exceeding

one (1) year or a fine exceeding Five Thousand
(Php5,000.00) Pesos;

04 Offenses where there is no offended party;

 Where the dispute involves real properties located
05 in different cities or municipalities unless the
parties thereto agree to submit their differences to
amicable settlement by appropriate lupon;

Disputes involving parties who actually reside in

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

07 Such other classes of disputes which the

President may determine in the interest of justice
or upon recommendation by the Secretary of
Justice.

08 Violations of R.A. 9262, VAWC Act.

“ W H AT A R E T H E I N S TA N C E S
WHERE CASES COGNIZABLE BY
THE LUPON MUST BE FILED
“
D I R E C T LY I N C O U R T ?
 In the following instances:

01 Where the accused is under detention;

Where the person has otherwise been deprived

02 of
personal liberty calling for a habeas corpus
proceedings;
03 Where the action is coupled with provisional
remedies such as injunction, attachment,
delivery of personal properties, support, etc

04
04 Where the dispute arises from the
Comprehensive Agrarian Reform Law (CARL).
Note: It is the Barangay Agrarian Reform Council
(BARC) that will take charge of the dispute.

Labor disputes or controversies arising from

05 employeremployee relationship.

06 Violence against Women and Children (VAWC)

cases except issuance of Protection Orders

04
WHAT WILL HAPPEN IF THE SETTLEMENT EF
FORT SUCCEEDS OR FAILS?

A B

If settlement is reached, If it fails, a corresponding Certification

to File Action (CFA) will be issued by the
the case may no longer be appropriate Barangay Authority and the
elevated to court. case may be filed with the court.
“ Is it not that there is a
“
prohibition to settle
criminal cases?
 Yes, there is a prohibition but there is
no obstacle to settle disputes.

The framers of the Katarungan

Pambarangay Law consciously use the
word “dispute” rather than “case”
in its provisions.

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Only those that were filed in court are
categorized as “cases” while those filed
orInsert the title
referred inofthe
your subtitle Here
Barangay are
considered “disputes”.
 WHAT IS THE EFFECT IF THE CASE IS FILED WITHOUT
HAVING GONE THROUGH MEDIATION IN
THE BARANGAY WHEN MEDIATION ISREQUIRED?

A case filed in court without compliance with prior Barangay conciliation which is a
pre-condition for formal adjudication may be dismissed upon motion of defendant/s,
not for lack of jurisdiction of the court but for failure to state a cause of action or
prematurity OR, the court may suspend proceedings upon petition of any party
under Sec. 1, Rule 21 of the Rules of Court; and refer the case motu proprio to the
appropriate Barangay authority.
“
A Punong Barangay asked from the police
o ffi c e r d u r i n g a c o n f e r e n c e w h e t h e r o r n o t
a party who refused to appear before the
Lupon can be arrested?

T h e p o l i c e o ffi c e r a s k e d t h e s a m e q u e s t i o n
“
in LEGAL ADVICE 24/7.
Thank you