LAWYERS: KEEP OUT (The Katarungang Pambarangay Law)

By Siesta-friendly

What do you call a law prohibiting lawyers from participating in a justice system?
Promising?

Unfortunately, we do not have statistics on how effective and successful the informal
justice system known as the “Katarungang Pambarangay” has been. But the mere fact
that lawyers are barred from the proceedings should be success enough.

Anyway, should you have any problem against someone, it is crucial to know the rules
on the Katarungang Pambarangay, as you will read below.

General Rule

The general rule is that the Lupon Tagapamayapa (Committee for Peace) 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”. So, provided they do
not fall under the exceptions, all disputes must first be submitted for possible
conciliation at the barangay level, before any court or other government body can take
jurisdiction.

Exceptions

Naturally, there are cases that are best handled by the courts, the Office of the
Ombudsman, the National Labor Relations Commission, the Securities and Exchange
Commission, etc. So we have exceptions to the general rule above, which are:

1. Where one party is the government, or any subdivision or instrumentality

thereof;

2. Where one party is a public officer or employee and the dispute relates to
the performance of his official functions;

3. Where the dispute involves real properties located in different cities and
municipalities, unless the parties thereto agree to submit their difference to
amicable settlement by an appropriate Lupon;

4. Any complaint by or against corporations, partnerships or juridical entities,

since only individuals shall be parties to Barangay conciliation proceedings either
as complainants or respondents [Sec. 1, Rule VI, Katarungang Pambarangay
Rules];

5. 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;

6. Offenses for which the law prescribes a maximum penalty of

imprisonment exceeding 1 year or a fine of over P5,000.00;
 7. Offenses where there is no private offended party;

8. Disputes where urgent legal action is necessary to prevent injustice from

being committed or further continued, specifically the following:

a. Criminal cases where accused is under police custody or detention;

b. Petitions for habeas corpus by a person illegally deprived of his rightful

custody over another or a person illegally deprived of or on acting in his
behalf;

c. Actions coupled with provisional remedies such as preliminary

injunction, attachment, delivery of personal property and support
during the pendency of the action; and

d. Actions which may be barred by the Statute of Limitations.

9. Any class of disputes which the President may determine in the interest of
justice or upon the recommendation of the Secretary of Justice;

10. Where the dispute arises from the Comprehensive Agrarian Reform Law
(CARL) [Secs. 46 & 47, R. A. 6657];

11. Labor disputes or controversies arising from employer-employee relations

[Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended],
which grants original and exclusive jurisdiction over conciliation and mediation of
disputes, grievances or problems to certain offices of the Department of Labor
and Employment];

12. Actions to annul judgment upon a compromise which may be filed directly
in court [Sanchez vs. Tupaz, 158 SCRA 459];

13. Where the dispute involves members of the same indigenous cultural
community, such dispute shall be settled in accordance with the customs and
traditions of that particular cultural community, or where one or more of the
parties to the aforesaid dispute belong to the minority and the parties mutually
agreed to submit their dispute to the indigenous system of amicable settlement
[Sec. 412 [c], R.A. 7160]

A court in which non-criminal cases not falling within the authority of the Lupon are
filed, at any time before trial, may motu proprio refer the case to the Lupon concerned
for amicable settlement. [Sec. 408 [g], 2nd par.]

The courts are strict about these rules. 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 (1) there has been a
confrontation between the parties before the Punong Barangay or the Pangkat, and
that (2a) 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 (2b) the settlement has been repudiated by the parties thereto.[4]
Cases filed in court without first going through barangay conciliation when required
“may be dismissed upon motion of defendant/s … for failure to state a cause of action
or prematurity”.[5]

Venue[6]

So exactly with which Lupon should one file a complaint?

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 (Lupon Chairman); otherwise, they are deemed waived. Any legal question
which may confront the punong barangay in resolving objections to venue may be
submitted to the Secretary of Justice, or his duly designated representative, whose
ruling shall be binding.

Procedure

Mediation by the Punong Barangay / Lupon Chairman

1. Upon payment of the appropriate filing fee (not less than P5.00 nor more
than P20.00)[8], any individual who has a cause of action against another may
complain, orally or in writing, to the Punong Barangay.

2. Upon receipt of the complaint, the Punong Barangay 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 not later than 5 days from date
thereof[9] for mediation of their conflicting interests.

3. The respondent shall answer the complaint, orally or in writing, by

denying specifically the material averments of the complaint and/or alleging any
lawful defense. He may also interpose a counterclaim against complainant, a
cross-claim against a co-respondent or a third-party complaint against one not
yet a party to the proceedings.
 4. Upon successful conclusion of his mediation effort, the Punong Barangay
shall reduce to writing in a language or dialect known to the parties the terms of
the settlement agreed upon by them, have them sign the same, and attest to its
due execution.

5. If the Punong Barangay fails in his mediation efforts within 15 days from
the first meeting of the parties before him, or where the respondent fails to
appear at the mediation proceeding before the Punong Barangay[12], he shall
set a date for the constitution of the Pangkat Tagapagkasundo[13] (Panel for
Conciliation).

Conciliation by the Pangkat Tagapagkasundo

6. The Pangkat shall convene not later than 3 days from its constitution, on
the day and hour set by the Punong Barangay, to hear both parties and their
witnesses, simplify issues, and explore all possibilities for amicable
settlement. The Pangkat may also issue summons for the personal appearance
of parties and witnesses.

If a party moves to disqualify any member of the Pangkat by reason of relationship,

bias, interest, or any other similar grounds, 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 vacancy shall be filled by drawing lots [See Sec.
404, R.A. 7160].

7. Respondent's refusal or willful failure to appear without justifiable reason

before the Pangkat, as determined by the latter after notice and hearing, shall be
a sufficient basis for the issuance of a certification for filing complainant's cause
of action in court or with the proper government agency or office.

8. The Pangkat shall arrive at a settlement or resolution of the dispute within

15 days from the day it convenes. This period shall, at the Pangkat’s discretion,
be extendible for another period which shall not exceed 15 days, except in
clearly meritorious cases.

Informal but Orderly Proceedings

The Punong Barangay and the Pangkat shall proceed to hear the matter in dispute in an
informal but orderly manner, without regard to technical rules of evidence, and as is
best calculated to effect a fair settlement of the dispute and bring about a harmonious
relationship of the parties.

Proceedings before the Punong Barangay shall be recorded by the Lupon Secretary
while those before the Pangkat shall be recorded by the Pangkat Secretary. The record
shall note the date and time of hearing, appearance of parties, names of witnesses and
substance of their testimonies, objections and resolutions, and such other matters as
will be helpful to a full understanding of the case.
Public Proceedings[16]

All proceedings for settlement shall be public and informal but the Punong Barangay 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.

Personal Appearance; No Lawyers

In all 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. Total ban. Sweet.

Sanctions for Failure to Appear

In case a party fails to appear for mediation, the Punong Barangay / Pangkat Chairman
shall set a date for the absent party/ies to appear before him to explain the reason for
the failure to appear.

If the Punong Barangay / Pangkat Chairman finds after hearing that the failure
or refusal of the complainant to appear is without justifiable reason, he shall (1) dismiss
the complaint; (2) direct the issuance of and attest to the certification to bar the filing
of the action in court or any government office; and (3) apply with the local trial court
for punishment of the recalcitrant party as for indirect contempt of court.

In case of similar willful failure or refusal of the respondent to appear for mediation
before the Punong Barangay / Pangkat Chairman (as may be applicable), the latter
shall: (1) dismiss the respondent's counterclaim; (2) direct the issuance of and attest to
the certification (i) to bar the filing of respondent's counterclaim in court/government
office, and if already under conciliation, (ii) to file complainant's action in
court/government office; (3) apply with the local trial court for punishment of the
recalcitrant party as for indirect contempt of court; and (4) if still under mediation, the
Punong Barangay shall set a date for the parties to appear before him for the
constitution of the Pangkat.

The Punong Barangay shall apply, in similar manner, for the punishment of a
recalcitrant witness who willfully fails or refuses to appear, as for indirect contempt of
court.

Suspension of Prescriptive Period

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 certificate of repudiation or of the certification to
file action issued by the Lupon or Pangkat Secretary. Such interruption, however, shall
not exceed 60 days from said filing of the complaint.
Repudiation of Settlement

Any party to the dispute may, within 10 days from the date of the settlement, repudiate
the same by filing with the Punong Barangay 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 in court
or any government office. Failure to repudiate the settlement within the aforesaid time
limit shall be deemed a waiver of the right to challenge on said grounds.

Settlement as Final Judgment

The amicable settlement and arbitration award shall have the force and effect of a final
judgment of a 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 before the proper city or municipal court. Except that in cases where the
court motu proprioreferred a non-criminal case to the Lupon which is not within the
latter’s jurisdiction, the compromise settlement agreed upon shall first be submitted to
the court and upon approval thereof, have the force and effect of a judgment of said
court.

Execution

The amicable settlement or arbitration award may be enforced by execution by the

Lupon within 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.

The secretary of the Lupon shall transmit the settlement or the arbitration award to the
appropriate city or municipal court within 5 days from the date of the award or from the
lapse of the 10-day period repudiating the settlement and shall furnish copies thereof to
each of the parties to the settlement and the Punong Barangay.

The Katarungan Pambarangay law is embodied in the Local Government Code and thus
comes part of the government’s hopes for decentralization and local government
empowerment and the aim of providing accessible and non-adversarial dispute
resolution. And in the pursuit of these hopes and aims, lawyers are deemed an
obstruction.

Justice System (Katarungang

Pambarangay)
An alternative, community-based mechanism in
the Philippines

Overview
The barangays are the smallest political subdivisions in the Philippines. The
Katarungang Pambarangay (KP) or Barangay Justice System (BJS) is an alternative,
community-based mechanism for dispute resolution of conflicts between members of
the same community.

The BJS provides a venue for disputing parties to search for a mutually acceptable
solution. Other members of the communities act as intermediaries, facilitating the
discussion of possible solutions.

The BJS formalized the Filipino tradition to seek help of community elders or tribe
leaders in resolving disputes between members of the same community, and uses the
Punong Barangay (highest elected official in a barangay) and the Lupon members
(committee of respected community members).

It is only when the BJS has failed to resolve the dispute that the parties are allowed to
bring their case to court.

Who can access it?

Individual residents of Barangay can file a complaint to their Punong Barangay. If the
parties are from different barangays, the dispute will be settled in the barangay at the
choice of the complainant. Cooperatives or people’s organizations can go directly to
court without mediation or conciliation.

How does it work?

Mediation

A complaint is filed in the Lupon (committee) at a minimal filing fee. The Punong
Barangay facilitates the mediation process and explains the process, objectives and
rules of the mediation. Each party is given time to explain their point of view. If no
settlement is reached following the mediation, the parties can try to resolve their dispute
through conciliation.

Conciliation

The conciliators (Pangkat Tagapagkasundo) are known and respected by both parties
in the dispute, and are constituted by the Punong Barangay from the Lupon. The three
members of the Pangkat are chosen by the parties. The Pangkat shall hear both parties
and explore the possibilities for amicable settlement. The amicable settlement reached
in conciliation has the force and effect of a final judgment of a court and can be
enforced within 6 months from the date of settlement by filing a motion in court.

If no settlement is reached, the parties can use a certification to file action for filing a
case in court.

Arbitration
Arbitration can take place at any stage of the proceedings, as long as both parties agree
in writing to abide by the arbitration award of the Lupon or Pangkat.

Enforcement
If a settlement is reached through either mediation, conciliation or arbitration, and the
party has not complied with the settlement or arbitration award, the Punong Barangay
executes the settlement by taking possession of sufficient personal property of the party
obliged, which can be sold and the proceeds applied to the amount.

Appeal
An amicable settlement has force and effect of a final judgment of a court after ten days
from the date of the settlement, unless a protest or repudiation of the settlement is
made. Only when the BJS has failed to resolve the dispute, can the parties bring their
case to court.

WHAT IS THE PROCEDURE IN THE KATARUNGAN PAMBARANGAY

LAW?
1. 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. Prescriptive periods shall resume upon receipt by the complainant
of the complaint or the certificate of repudiation or of the certification to file
action filed by the Lupon or Pangkat secretary
3. Provided however, that such interruption shall not exceed 60 days from the
filing of the complaint with the Punong Barangay

WHAT ARE THE EXCEPTIONS TO THE RULE?

1. Where the accused is under detention
2. Where a person has been otherwise deprived of personal liberty calling
for habeas corpus proceedings
3. Where actions are coupled with provisional remedies
4. Where the action may be barred by the statute of limitations