Katarungan Pambarangay Procedure by: Gil Puyat

Background The Katarnungan Pambarangay was introduce in 1978 as system of justice fro the resolution of disputes at the local level. t was designed to free the court doc!ets of cases and to provide justice for the poor. ts aim is not to judge but to assist in the resolution of issues. The Katarungan Pambarangay consists of the "upong Tagapamayapa and the Pang!at Tagapag!asundo. The "upong Tagapamayapa is composed of the Punong #arangay as lupon chairman and ten $1%& to twenty $'%& members who are residents of the barangay in good standing appointed by the "upon (hairman. The barangay secretary concurrently serves as lupon secretary. The Pang!at ng Tagapag!asundo is composed of three members chosen from the list of "upon members. The Pang!at is constituted for a particular case and are chosen by the parties themselves. f they cannot agree as to who will constitute the Pang!at) the members will be chosen by lots drawn by the "upon (hairman. *fter being constituted) the Pang!at shall elect from among themselves) the Pang!at (hairman and +ecretary. t should be noted that this time) the Pang!at +ecretary is not necessarily the #arangay +ecretary. ,uring these proceedings lawyers may not intervene. The parties must appear in person and without the assistance of a representative) e-cept for minors or incompetents who may be assisted by their ne-t of !in who are not lawyers. The venue shall be. a& f both parties are residents of the same barangay) before the "upon of said barangay/ b& f from different barangays but in the same municipality 0 in the barangay where the respondents or any of the respondents resides c& f real property is involved 0 in the barangay where the property or the larger portion thereof is located d& f disputes arising at the wor!place between co1wor!ers or schools where parties are enrolled 0 in the barangay where such wor!place or school2institution is located (ases not included are) when. a.& 3ne party is the 4overnment b.& 3ne party os a public officer c.& 3ffenses punichable by imprisonment e-ceeding one $1& year or a fine e-ceeding five thousand pesos $P5)%%%.%%&

e.& There is no private offended party f.& (ases involving real property from different municipalities. (ases when the parties may proceed driect to (ourt. a.& f the person is already detained b.& n 6abeas (orpus (ases c.& 7hen there a provisional remedy d.& 7hen the action may otherwise be barred by presription Actual Procedure *ll the proceedings are public and informal) but the #arangay (hairman may e-clude the public in the interest of decency or public morals. *ny party who has a complaint or cause of action against another individual involving a matter within the authority of the "upon may complain orally or in writing to the #arangay (hairman. The complaining party should also pay the appropriate filing fee. 8pon receipt of the complaint) the #arangay (hairman shall within the ne-t wor!ing day summon the respondents with notice to the complainants for them to appear before him for a mediation of their conflicting interests. f meditation fails) within 15 days from the first meeting) the Pang!at should be constituted. 7ithin three days from its formation) the Pang!at shall convene to hear both parties and their witnesses) simplify issues) and e-plore all possibilities of amicable settlement. The pang!at should arrive at a settlement of the dispute within 15 days from the day it convenes. This period is e-tendible for another 15 days in meritorious cases) at the discretion of the pang!at. Settlement *ll amicable settlement should be in writing) in a language or dialect !nown to the parties) signed by them) and attested to by the lupon chairman as the case may be. 9-ecutin may be filed in court. * party to the dispute may within ten days from the date of settlement) repudiate the same by filing with the "upon chairman a statement to that effect sworn to before him) where the consent is vitiated by fraud) violence) or intimidation. *ll decisions must be e-ecuted within si- $:& months from the final decision and a report must be submitted to the court f the parties fail to arrive at an amicable settlement or one of the parties repudiates the settlement. * certificate to file the action in court may be issued by the "upon or Pang!at +ecretary duly attested to by the "upon or Pang!at (hairman as the case may be.