signed by the punong barangay, and
KATARUNGANG PAMBARANGAY
LAW
Basis:
Sec.399-422 of the Local Government Code of 1991, RA
7160.
Note Previously under PD 1508, but nonw integrated
in the Local Government Code.
Codal provisions:
CHAPTER VII
Katarungang Pambarangay
Section 399. Lupong Tagapamayapa. -
(a) There is hereby created in each
barangay a lupong 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 herein.
(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 for
probity, may be appointed a member of the
lupon.
(c) 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;
(d) The punong barangay, taking into
consideration any opposition to the
proposed appointment or any
recommendations for appointment 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
therefor. Appointments shall be in writing,
attested to by the barangay secretary.
(e) 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
(f) In barangays where majority of the
inhabitants are members of indigenous
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.
Section 400. Oath and Term of Office. - Upon
appointment, each lupon member shall take an oath
of office before the punong barangay. He shall hold
office until a new lupon is constituted on the third
year following his appointment unless sooner
terminated by resignation, transfer of residence or
place of work, or withdrawal of appointment by the
punong barangay with the concurrence of the
majority of all the members of the lupon.
Section 401. Vacancies. - Should a vacancy occur in
the lupon for any cause, the punong barangay shall
immediately appoint a qualified person who shall
hold office only for the unexpired portion of the
term.
Section 402. Functions of the Lupon. - The lupon
shall:
(a) Exercise administrative supervision over
the conciliation panels provided herein;
(b) Meet regularly once a month to provide
a 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; and
(c) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
Section 403. Secretary of the Lupon. - The barangay
secretary shall concurrently serve as the secretary of
the lupon. 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.
Section 404. Pangkat ng Tagapagkasundo. -
(a) There shall be constituted for each
dispute brought before the lupon a
conciliation panel to be known as the
pangkat ng tagapagkasundo, hereinafter
referred 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.
Should the parties fail to agree on the
pangkat membership, the same shall be
determined by lots drawn by the lupon
chairman.
(b) 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 served notices to the parties concerned.
The lupon secretary shall issue certified true
copies of any public record in his custody
that is not by law otherwise declared
confidential.
Section 405. Vacancies in the Pangkat. - Any vacancy
in the pangkat shall be chosen by the parties to the
dispute from 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.
Section 406. Character of Office and Service of Lupon
Members. -
(a) The lupon 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.
(b) The lupon or pangkat members shall
serve without compensation, except as
provided for in Section 393 and without
prejudice to incentives as provided for in
this Section and in Book IV of this Code. The
Department of the Interior and Local
Government shall provide for a system of
granting economic or other incentives to
the lupon or pangkat members who
adequately demonstrate the ability to
judiciously and expeditiously resolve 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 407. Legal Advice on Matters Involving
Questions of Law. - The provincial, city legal officer
or prosecutor or the municipal legal officer 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 408. Subject Matter for Amicable
Settlement; Exception Thereto. - 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 exceeding
Five thousand pesos (P5,000.00);
(d) Offenses 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 barangays 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;
 (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. Venue. -
(a) Disputes between persons actually
residing in the same barangay shall be
brought for amicable settlement before the
lupon of said barangay.
(b) 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 complaint.
(c) All disputes involving real property or
any interest therein shall be brought in the
barangay where the real property or the
larger portion thereof is situated.
(d) 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.
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 410. Procedure for Amicable Settlement. -
(a) Who may initiate proceeding - Upon
payment of the appropriate filing fee, 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.
(b) Mediation by 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 them and their
witnesses to appear before him for a
mediation of their conflicting interests. If he
fails in his 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.
(c) 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 the complaint with
the punong barangay. The prescriptive
periods shall resume upon receipt by the
complainant of the complainant 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 filing of the
complaint with the punong barangay.
(d) 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. In the event that a party moves 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
decided upon, the resulting vacancy shall be
filled as herein provided for.
(e) 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 411. Form of settlement. - 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
known to them.
Section 412. Conciliation. -
(a) Pre-condition to Filing of Complaint in
Court. - No complaint, petition, action, 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 a 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 or pangkat secretary as
attested to by the lupon or pangkat
chairman or unless the settlement has been
repudiated by the parties thereto.
(b) Where Parties May Go Directly to Court.
- The parties may go directly to court in the
following instances:
(1) Where the accused is under
detention;
(2) Where a person has otherwise
been deprived of personal liberty
calling for habeas corpus
proceedings;
(3) Where actions are coupled with
provisional remedies such as
preliminary injunction,
attachment, delivery of personal
property and support pendente
lite; and
(4) Where the action may
otherwise be barred by the statute
of limitations.
(c) 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.
Section 413. Arbitration. -
(a) The parties may, at any stage of the
proceedings, agree in writing that they shall
abide by the arbitration award of the lupon
chairman or the pangkat. Such agreement
to arbitrate may be repudiated within five
(5) days from the date thereof for the same
grounds and in accordance with the
procedure hereinafter prescribed. The
arbitration award shall be made after the
lapse of the period for repudiation and
within ten (10) days thereafter.
(b) 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 414. Proceedings Open to the Public;
Exception. - 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 proprio or upon request of a
party, exclude the public from the proceedings in the
interest of privacy, decency, or public morals.
Section 415. Appearance of Parties in Person. - In all
katarungang pambarangay 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 416. Effect of Amicable Settlement and
Arbitration 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 municipal court.
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 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.
 Section 417. Execution. - 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 418. Repudiation. - 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 filing a complaint as hereinabove provided.
Section 419. Transmittal of Settlement and
Arbitration. - Award to the 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 to each of the parties to the settlement and
the lupon chairman.
Section 420. Power to Administer Oaths. - The
punong barangay, as chairman of the lupong
tagapamayapa, and the members of the pangkat are
hereby authorized to administer oaths in connection
with any matter relating to all proceedings in the
implementation of the katarungang pambarangay.
Section 421. Administration; Rules and Regulations. -
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 422. Appropriations. - 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.
Purpose/object of the Barangay Law
1. To reduce the number of court litigations
2. To prevent decoration of the quality of justice which
has been brought about by the indiscriminate filing of
cases in courts.
Rule in referral to the barangay
Sec. 412 of the Local Government Code.
No complaint, petition, action, or proceedings, (CPAP)
Involving any matter within the authority of the
Lupon shall be filed or institute directly or
indirectly in court or in any government office
for adjudication
o Unless, there has been a confrontation
between the parties before the Lupon
chariman or the pangkat, and that no
concillation or settlement has been
reached, as certified by the lupon or
pangkat chairman.
Letica V. Agbayani vs Court of Appeals, Department of
Justice, GR. No. 183623
The compulsory process of barangay concillation is a
pre-condition for the filing of the complaint in court.
Where the complaint:
a. Did not state that it is one of the
excepted cases
b. Did not allege prior availment of said
concillation process
c. did not have certification that no
concillation had been reached by the
parties
The case should be dismissed.
Note Failure to comply with condition precedent is
not jurisdictional, and thus, motion to dismiss should be
properly filed by the opposing party. No motu prio
dismissal, except in Small Claims cases.
Note In summary proceedings, the court can dismiss
the case motu prorio if the parties failed to refer the
same in the lupon as it is stated in:
Sec. 18. Referral to Lupon. Cases requiring
referral to the Lupon for conciliation under the
provisions of Presidential Decree No. 1508 where
there is no showing of compliance with such
requirement, shall be dismissed without prejudice
and may be revived only after such requirement
shall have been complied with. This provision shall
not apply to criminal cases where the accused was
arrested without a warrant.c
When the parties may go directly to court:
Sec. 412, b (b) Where Parties May Go Directly to Court. -
The parties may go directly to court in the following
instances:
(1) Where the accused is under detention;
(2) Where a person has otherwise been deprived of
personal liberty calling for habeas corpus
proceedings;
(3) Where actions are coupled with provisional
remedies such as preliminary injunction,
attachment, delivery of personal property and
support pendente lite; and
(4) Where the action may otherwise be barred by
the statute of limitations.
Rule in Concillation among indigenous cultural
communities:
Sec. 412, c - The customs and traditions of indigenous
cultural communities shall be applied in settling disputes
between members of the cultural communities.
Exceptions fo the rule on referral of case to the
barangay:
Section 408. Subject Matter for Amicable Settlement;
Exception Thereto. - 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 on party is a public officer or
employee, and the dispute relates to the
performance of his public functions
c. Offenses punishable by imprisonment
exceeding 1 year of fine exceeding Five
Thousand Pesos, (P 5, 000.00)
d. Offenses where there is no private offended
party;
e. Where the dispute involves real properties
located in different cities of 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 barangays of different cities or municipalies,
except where such barangay units adjoin each
other and the parties thereto agree to submit
their differences to amicable settlement by a
appropriate action.
Exceptions under the Administrative Circular 14-93:
a. Offenses for which the law prescribes maximum
penalty of imprisonment exceeding one year or a fine
over five thousand pesos, P 5,000.00 (The same as
letter c of Sec. 408)
b. Offenses where there is no private offended party
(The same as letter d of Sec. 408)
c. Disputes where urgent legal action is necessary to
prevent injustice from being committed or further
continued, (New) especially:
c.1. Criminal cases where the accused is under
detention
c.2. Petitions for Habeas Corpus by a person
illegally deprived of his ightful custody over
another or a person illegally deprived of his
liberty or one acting in his behalf
d. Actions coupled with provisional remedies such as
preliminary injunction, attachment, delivery of personal
property and support during pendency of an action.
e. Actions which may be barred by Statutes of
Limitations
Note: The exceptions for the Katarungang
Pambarangay law are in Sec. 408, a-f, and 412b, and it
can also be found in Administrative Circular 14-93, but
merely reiterates some of the exceptions found in the
Local Government Code.
As also held in jurisprudence, Vda. De Bromoeo vs
Pogoy, cases involving juridical persons such as estates
may file the complaint in court without first resorting
to barangay conciliation.
Who may initiate barangay proceeding?
Sec. 410 provides, upon payment of appropriate filing
fee, any individual who has cause 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.
Appearance before Barangay Proceedings
General rule: In all katarungang pambarangay
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.
Rationale behind the rule to enable the lupon to
secure first hand and direct information about the facts
and issues. Participation of lawyers with their penchant
to use their analytical skills and legal knowledge tend to
prolong instead of expedite the settlement of the case.
Atty. Evelyn J. Magno vs Atty. Olivia Velasco-Jacoba,
Nov. 22, 2005.
Duty of the judge to determine if there is a compliance
with the barangay conciliation procedure before
judicial action shall be conducted.
All complaints and/or informations filed or raffled to
your sale/branch of the Regional Trial Court, Municipal
Trial Court, or Municipal Trial Court shall be carefully
read and scrutinized to determinate if there has been a
compliance with prior Barangay conciliation procedure
under the Revised Katarungang Pambarangay law, and
its implementing rules and Regulations, as pre-condition
to judicial action, particularly whether the certificate to
file an action attached to the records of the case comply
with the requirements.
Confrontation with the Lupon Chairman for amicable
settlement is considered as substantial compliance
with the law on barangay, thus, while admittedly no
pangkat was constituted, it was not denied that the
parties met in the office of Barangay chairman for
possible settlement. No agreement has been reached,
thus certificate to file an action is issued there is
already a substantial compliance. On this score, it is
significant that the Barangay Chariman or Punong
Barangay herself the Chairman of the Lupon under the
LGC.
Effects of non-compliance to referral of case to
Barangay
It can be dismissed upon proper motion of the court.
However, it is not jurisdictional in nature, and may be
deemed waived if not seasonably raised in motion to
dismiss
Note the dismissal is without prejudice. It is a
dismissal based on non-compliance with condition
precedent, See Rule 16, Sec. 1 J.
Remedy of the plaintiff:
1. Before the finality of the order of dismissal, comply
with the requirements and motion to revive, within 15
days from the period of notice of order of dismissal.
2. After the order of dismissal becomes final and
executory, re-file the case after compliance with the
condition precedent.
Note There is motu propio dismissal of the case for
failure to comply with barangay conciliation under the
rules on summary procedure.
Sec. 4 of the Rules of Summary procedure provides that:
After the court determines that the case falls under
summary procedure, it may, from an examination of
allegations therein and such evidence as may be
attached thereto, dismiss the case outright on any
grounds apparent therefrom for the dismissal of civil
action.
Note The dismissal for non-compliance is without
prejudice. The remedy is revival after its compliance.
Sec. 18 of Rules in Summary Procedure states that:
Cases requiring referral to the Lupon for conciliation
under the provisions of PD. 1503m where there is no
showing of the compliance requirement, shall be
dismissed without prejudiced, and may be revived
only after such compliance has been complied with.
This provision shall not apply to criminal cases where
the accused was arrested without warrant.

Remanding the case by the court to barangay cured
the defect in barangay conciliation
The court finds no error in previous conciliation
proceedings leading to the issuance of the first
certificate to file action, which was alleged to be
defective, has already been cured by the MTCCs act of
referring back the case to Pangkat Tagapagkasundo fo
the Barangay Kuswagang or proper concillation
proceedings.
Effect of Amicable Settlement at Barangay Level
Under Sec. 416 of the LGC, an amicable settlement shall
have force and effect of final judgment of the court
upon expiration of 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 proper court.
Grounds for repudiation:
Under Sec. 416 of the LGC, the settlement is repudiated
within 10 days where:
1. The consent is vitiated by force, violence, or
intimidation
2. Petition to nullify the award has been filed
before the proper city or municipal court.
The repudiation of the settlement shall be sufficient
basis of a certification to file complaint. Ma. Teresa
Vidal s Ma. Teresa Escueta. GR. No. 156228, Dec. 10,
2003
Rules on Venue:
Section 409. Venue. -
(a) Disputes between persons actually residing in the same
barangay shall be brought for amicable settlement before
the lupon of said barangay.
(b) 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 complaint.
(c) All disputes involving real property or any interest
therein shall be brought in the barangay where the real
property or the larger portion thereof is situated.
(d) 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.
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.
Rules of venue of referral of the case to the barangay,
Sec. 409
a. Disputes between or among persons actually residing
in the same barangay shall be brought for amicable
settlement before the Lupon of the said barangay
b. 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 election of the
complainant.
However, all disputes which involve real property or
any interest therein shall be brought in the barangay
where the real property or any part thereof is situated.
c. Also, those arising at workplace where the contenting
are employed, or at institution where such parties are
enrolled for study, shall be brought in the barangay
where such workplace or institution is located.
Section 410. Procedure for Amicable Settlement. -
(a) Who may initiate proceeding - Upon payment of the
appropriate filing fee, 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.
(b) Mediation by 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 them and their witnesses to appear
before him for a mediation of their conflicting interests. If
he fails in his 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.
(c) 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 the complaint
with the punong barangay. The prescriptive periods shall
resume upon receipt by the complainant of the complainant
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 filing of the complaint with the punong
barangay.
(d) 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. In the event that a party moves 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 decided upon, the resulting vacancy shall
be filled as herein provided for.
(e) 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.
Procedure to arrive at an amicable settlement in the
barangay-
Filing of the complaint orally or in writing with the
lupon chariman, and payment of filing fee.
Upon the receipt of the complaint, the lupon chairman,
shall, within the next working day, summon the
respondents, with notice to complainants for them and
their witnesses to appear before him for a mediation of
their conflicting interests. If he fails in his mediation
effort within 15 days from the first meeting of the
parties before him, he shall forthwith set a date for
constitution of the pangkat in accordance with the
provisions of this chapter.
The pangkat shall arrive at a settlement or resolution fo
the dispute within fifteen 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 days, except in
clearly meritorious cases.
Effect of mediation, conciliation, and arbitration in the
interruption of the prescriptive period in offenses and
cause of action
1. Upon the receipt of the complaint by the Punong
Barangay
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.
2. Upon receipt of the complainant: Certificate of
repudiation: Certificate to file action
The prescriptive periods shall resume upon receipt by
the complainant of the complaint or the certificate of
the repudiation or the certification to file action issued
by the lupon or pangkat secretary.
3. Period of interruption of prescriptive period of
offenses and cause of action
Such interruption shall not exceed 60 days from the
filing of the complaint with the punong barangay
Actions of the court in case of non-compliance with
the conciliation proceedings
1. It may be dismissed upon the motion of the
defendant not for lack or jurisdiction by the court, but
for failure to state cause of action or prematurity
(failure to comply with condition precedent). Royales vs
IAC. ???
2. The court may suspend proceedings upon petition of
any party under the Sec. 1, Rule 21 of the Rules of
Court.
3. The court may refer the case motu propio to
appropriate Barangay authority, applying by analogy
Sec. 408, g, 2nd paragraph of the Revised Katarunang
Pambarangay Law. Admin Cir. 14-93
Lack of barangay conciliation must be raised in motion
to dismiss, otherwise waived
It is a well settled non-referral of the case for barangay
conciliation when so required under the law is not
jurisdictional in nature and may be therefore deemed
waived if not raised seasonably in a motion to dismiss.
New complaint should be filed before the barangay
against the heirs of the original respondent, otherwise
there is non-compliance of the rule NOTE THIS!!!!
The court thus rules that the petitioners complaint
against the respondent Heirs was premature. It bears
stressing that they were not impleaded by the
petitioner as parties-respondents before the Lupon.
The petitioner filed her complaint solely against the
respondet Josephine Pablo. Moreover, the said
respondent heirs were not privy to the said agreement,
and such, were not bound by it.
Section 411. Form of settlement. - 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 known to them.
Section 412. Conciliation. -
(a) Pre-condition to Filing of Complaint in Court. - No
complaint, petition, action, 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 a 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 or pangkat
secretary as attested to by the lupon or pangkat chairman or
unless the settlement has been repudiated by the parties
thereto.
(b) Where Parties May Go Directly to Court. - The parties
may go directly to court in the following instances:
(1) Where the accused is under detention;
(2) Where a person has otherwise been deprived of personal
liberty calling for habeas corpus proceedings;
(3) Where actions are coupled with provisional remedies
such as preliminary injunction, attachment, delivery of
personal property and support pendente lite; and
(4) Where the action may otherwise be barred by the
statute of limitations.
(c) 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.
Section 413. Arbitration. -
(a) The parties may, at any stage of the proceedings, agree
in writing that they shall abide by the arbitration award of
the lupon chairman or the pangkat. Such agreement to
arbitrate may be repudiated within five (5) days from the
date thereof for the same grounds and in accordance with
the procedure hereinafter prescribed. The arbitration award
shall be made after the lapse of the period for repudiation
and within ten (10) days thereafter.
(b) 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 414. Proceedings Open to the Public; Exception. - 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 proprio or upon
request of a party, exclude the public from the proceedings
in the interest of privacy, decency, or public morals.
Section 415. Appearance of Parties in Person. - In all
katarungang pambarangay 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 416. Effect of Amicable Settlement and Arbitration
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 municipal court.
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 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.
Thus, under Sec. 416, an amicable settlement shall have
force and effect of final judgment of the court upon the
expiration of 10 days from the date thereof, unless
repudiation of the settlement has been made or a
petition to nullify the award has been filed in proper
court.
Earnest efforts towards amicable settlement between
the members of the same family under Art. 151 of the
Family Code must be complied with
The court rules that such allegation in the complaint, as
well as the certification to file action by the barangay
chairman, is sufficient compliance with Art. 151 of the
Family Code.
Amicable settlement has force and effect of final
judgment/res judicata even not judicially approved:
Remedies for enforcement
The settlement is binding between the contracting
parties, and, upon it perfection, is immediately
executory insofar as not contrary to law, morals, good
customs public order and public policy. Art. 2037 of the
Civil Code.
A compromise has upon the parties the effect and
authority of res judicata, but there shall be no
execution except in compliance with a judicial
compromise.
Thus, under Sec. 417 of the LGC, such amicable
settlement or arbitration award may be enforced by
execution by the Barangay Lupon within six (6) months
from the date of settlement, or by filing an action of
action to enforce such settlement in the appropriate
city or municipal court, if beyond six month period.
Note the first remedy is government by the
Katarungang Pambarangay Implementing rules and
regulation, while the second remedy is governed by the
Rules of Court.
Section 417. Execution. - 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.
Execution of amicable settlement or arbitration award
may be enforced in the following manner:
1. Execution by the Lupon within six months
from the date of the settlement
2. After the lapse of such time, the settlement
may be enforced by action in appropriate city or
municipal court.
The first manner is quasi-judicial and summary in nature
on mere motion of the parties entitled thereto.
The second remedy is a judicial process.
Sec. 417 of the LGC grants a party a period of six
months to enforce the amicable settlement by the
Lupon through Punong Barangay before such party
may resort to filing an action with MTC to enforce the
settlement.
The raison d etre of the law is to afford the parties
during the six months timeline a simple, speedy and less
expensive enforcement of their settlement before the
Lupon.
How to execute agreement after six months period
under Sec. 417: Venue? Enforcement of amicable
settlement does not fall under summary procedure.
Katarungang Pambarangay Implementing Rules and
Regulations, Rule VII, Sec. 2 provides:
Sec. 2 Modes of Execution The amicable settlement or
arbitration award may be enforced by execution by the
Lupon within six months from the date of the
settlement or date of the receipt of the award or from
the date of the obligation stipulated in the settlement
or adjudged the arbitration award becomes due and
demandable.
After the lapse of such time, the settlement or award
may be enforced by appropriate trial court pursuant to
applicable provisions of the Rules of Court. An amicable
settlement reached in a case referred by the Court
having jurisdiction over the case to the Lupon shall be
enforced by execution by the said court.
By the express provision of the Sec. 417 of the LGC, an
action for the enforcement of the settlement should
be instituted in the proper municipal or city court. This
is regardless of the nature of the complaint before the
Lupon, and the relief prayed for therein.
The venue for such action is governed by the Rule 4,
Sec. 1 o the Rules of Civil Procedure, as amended. An
action for the enforcement of the settlement is not one
of those covered in Rules in Summary Procedure in civil
cases, thus, rules on regular procedure shall apply, as
provided for in Sec. 1, Rule 5 of the Rules in Civil
Procedure. Ma. Teresa Vidal vs Ma. Teresa Escueta, GR
no. 156228, Dec. 10, 2004.
Section 418. Repudiation. - 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 filing a complaint as hereinabove provided.
How to repudiate
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.
Effect of Repudiation
Such repudiation shall be sufficient basis for the
issuance of the certification for filing a complaint as
hereinabove provided.
Remedies in case of repudiation of the amicable
settlement: Amicable settlement deemed rescinded
even without court intervention
If the amicable settlement is by one party, either
expressly or impliedly, the other party has two options,
namely:
1. To enforce the compromise in accordance with the
Local Government Code or Rules of Court as the case
maybe
2. To consider it rescinded and insists upon his original
demand. This is in accordance with Art. 2041 of the Civil
Code, which qualifies the broad application of Art. 2037:
If one of the parties fails or refuses to abide the
compromise, the other party may either enforce the
compromise or regard it as rescinded and insists upon
his original demand.
In the case of Leonor vs Sycip, the court ruled that Art.
2041 does not require an action for recission and the
aggrieved party by the breach of compromise
agreement, may considered it already rescinded.
Note in the case of Chavez vs Court of Appeals, it was
ruled that the mode of enforcement does not rule out
the right of recession under the Art. 2041 of the Civil
Code. The availability of the right of recession is
apparent from the wording of Sec. 417 itself which
provides that the amicable settlement may be
enforced by execution by the Lupon within six months
from its date or by action in the appropriate city
municipal court, If beyond the period.
Requirements for the issuance of Certificate to file an
action
Under the provisions of R.A. 7160 on the Katarungang
Pambarangay Concillation, as implemented by the
Katarungang Pambarangay Rules and Regulations
promulgated by the Secretary of Justice, the
certification for filing a complaint in court or any
government office shall be issued by the barangay
authorities only upon compliance with the following
requirements:
1. Issued by the Lupon Secretary and attested by the
Lupon Chairman, certifying that a confrontation of the
parties has taken place and that a conciliation or
settlement has been reached, but the same has been
subsequently repudiated.
2. Issued by the Pangkat Secretary and attested by the
Pangkat Chairman, certifying that:
a. A confrontation of parties took place but no
concillation/settlement has been reached.
b. That no personal confrontation took place before the
Pangkat through no fault of the complaint
3. Issued by the Punong Barangay, as requested by the of RA. 7160, otherwise known as Local Government
property party on the ground of failure of settlement Code of 1991.
where the dispute involves members of the same
What is the remedy in case of enforcement of
indigenous cultural community, which shall be settled in
amicable settlement or an arbitration award involving
accordance with the customs and traditions of that
money claim.
particular cultural community, or where one or more of
the parties to the aforesaid dispute belong to minority File a small claim case before the MTC/MCTC pursuant
and the parties aforesaid dispute belong to the minority to Sec. 4 of the Rules of Small Claims case in relation to
and the parties agreed to submit their dispute to Sec. 17 of the RA 7160.
indigenous system of amicable settlement, and there
has been no settlement as certified by the datu tribal
leader or elder to Punong Barangay of the place of
settlement.

a. Instances of none issuance of certification:

Constitution of the Pangkat by the Punong Barangay

If mediation or conciliation efforts before the Punong

Barangay proved unsuccessful, there having been no
agreement to arbitrate, or where the respondent fails
to appear at mediation proceeding before the Punong
Barangay, the Punong Barangay shall not cause the
issuance at this stage of a certification to file action,
because it is now mandatory for him to constitute the
pangkat before whom the mediation, conciliation, or
arbitration proceedings shall be held.

Section 419. Transmittal of Settlement and Arbitration. -

Award to the 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 to each of the parties to the settlement and the
lupon chairman.

Rule in filing of small claims case before the court in

case the arbitral award involves payment or
reimbursement of money not exceeding One Hundred
Thousand Pesos.

Sec. 4(c) of the Rules in Small Claims cases, provides for

the rule on filing of small claims action in case the
enforcement of a barangay amicable settlement or
arbitration award involving money not exceeding
100,000.00. It state that:

Sec. 4 Applicability c. The enforcement of a

barangay settlement or arbitration award involving
money claim covered by this Rule pursuant to Sec. 417