PHINMA-ARAULLO UNIVERSITY

Cabanatuan City

MA. SALVACION P. COLLADO, Ph. D

Reviewer
 The Concept of the Philippine
Criminal Justice System
The prevention and control of crime and
juvenile delinquency is not the sole task of
the government, much less the agency of
the criminal justice system alone. Peace
keeping requires the coordination of effort
and teamwork not only among the police,
prosecution, courts and correctional
agencies but the active participation of the
community as well.
Criminal Justice System

It is the machinery which the

Philippine society uses in the
prevention and control of crimes. It
is a group of agencies or legislators
responsible in the adjudication of
criminal laws.
Criminal Justice System

__ Is the activity of the various

instrumentality of the
government in administering
justice to criminals, correlating
their efforts as one cooperating,
coordinating and supporting to
each other so that justice could
be dispensed with equality to all
concerned.
 Criminal Justice
– is a field of study which deals with
the nature of crimes in the society as
well as analyzing the formal process
and social agencies which have been
established for crime control.
Prosecution

 is the process or method whereby

accusation is brought before the court
of justice to determine the guilt or
innocence of the accused.
 Adversarial or
Accusatorial system of
prosecution
 the victim or his representative have
the primary responsibility for finding
and presenting evidence to the court.
Inquisitorial System

 the judge searches the facts, listens to

the witnesses presented and
investigate to prove the guilt or
innocence of the accused.
 COURT

refers to the body in the

government which is charged with the
responsibility of the administration of
justice.
 CRIME

It is defined as an act
committed or omitted in
violation of a public law
forbidding or commanding it.
A) Crime can be committed in two
ways:
a. Commission – an act which is
ought to be done
b. Omission – failure to do
whatever the law prescribe or
requires a person to do.
B) Requisites of Crime by Commission:

a. Freedom – Is the capacity of a

person to do whatever he pleases.
b. Intelligence – is the capacity of a
person to foresee the consequences
of actuations.
c. Intent – is the compelling force
that induces a person to do
something.
C) Requisites of crime by
Omission:

a. Freedom - ( as defined above

b. Intelligence – ( as defined
above )
c. Failure to do an act required
by law for a person to do.
CRIMINAL

is a person who has confessed

to or has been convicted by a
court of the violation of a
criminal law.
is a person who committed a
crime, arrested, prosecuted
and finally convicted and sent
to prison.
An arrested person in
different stages will be
called as:
 Law enforcement- suspect
 Prosecution – respondent
 Court – accused
 Correction – criminal or convict
 Community – ex convict
Corrections

– deals with punishment,

treatment, incarceration,
rehabilitation of offenders.
Probation

– is a disposition under which a

defendant , after conviction and
sentence, is released subject to
conditions imposed by the court
to the supervision of a probation
officer or a suspended sentence
during good behavior (PD 968 –
Probation Law of 1976)
Arrest

– it is the taking of a person

into custody in order that he
may be bound to answer for
the commission of an offense.
Inquest

 An informal and summary

investigation conducted by a public
prosecutor in criminal cases involving
persons arrested and detained without
the benefit of a warrant of arrest
issued by the court for the purpose of
determining whether or not said
person should remain under custody
and correspondingly be charged in
court.
Arraignment

stage of the proceeding

wherein the accused will be
informed about the nature
and cause of the accusation
against him and asked if he is
guilty or not guilty for the
offense charged.
Mittimus

- a warrant issued by a court

bearing its seal and the signature
of the judge directing the jail or
prison authorities to receive the
convicted offender for service of
sentence imposed therein.
 Penology

is the study of the reformation

and rehabilitation of criminals
and the management of prisons.
Warrant of Arrest

is an order in writing signed by

the judge directed to a peace
officer to arrest a person and
bring him before the court.
Plea Bargaining

is the process of discussion or

negotiation between the defense
counsel and the prosecutor, aimed at
reaching an agreement whereby the
prosecutor uses discretion to obtain
from the judge a lighter sentence in
exchange for the defendants a guilty
plea.
No person shall be regarded as a criminal
unless his guilt is proven otherwise.
Before a person could be regarded as a
criminal, the following circumstances
must be present:

He must have committed a crime

He must have been apprehended
and investigated by the Police by
virtue of sufficient physical
evidence and testimony of
witnesses
Due to presence of a prima
facie evidence. The case was
filed in court by the
investigating fiscal or Police
for trial.
There was arraignment
There was trial
 The offender was found guilty
A sentenced was rendered by the
court
The accused is confined in prison/
jail

** Only after undergoing these processes, that

a person can be legally identified as a criminal.
JUSTICE

- In the broadest sense, it consists of

ordering of human relations in accordance
with general principles impartially applied.

-It is the observance of one’s right

A) Essence
No person shall be deprived of
life, liberty or property without due
process of law, nor shall a person be
deprived of equal protection of the
law. ( Art. III, Sec. 1, 1987
Constitution)
B) In order that justice will be
realized there must be the
observance of due process.
C) Due Process, Defined - Is a
guarantee against any
arbitrariness on the part of
the government , whether
committed by the legislature,
executive or the judiciary.
SYSTEM

A) Body, defined:
A Collective unit
- It refers to a group or a
mass
B) In relation to Criminal Justice
system Philippines, this body is
compose of the following:

1. Law Enforcement - It is known as

a front liners or prime mover of the
Philippine Criminal Justice System.
2. Prosecution
3. Court - It is known as the center or
core of Criminal Justice System,
Philippines
4. Correction – the weakest pillar of
C.J.S., Philippines
5. Community – the informal pillar of
C.J.S., Philippines –

it is also known as the widest pillar of

C.J.S., Philippines
C) The auxiliary pillars of C.J.S.
Philippines

a. Parole and Probation

Administration
b. Board of Pardon
D) Other important matters concerning
system
The body observed division of labor
This division of labor makes it possible for
the entire organization to function.
In order to reach the next department or
agency, it is usually necessary to have had
contact with all the preceding one’s.
The performance of one greatly affects the
other
Criminal Justice System can be thought of as
an assembly line operation.
E) In relation to Criminal Justice
System of America, the body is
compose of the following:
a. Law Enforcement
b. Courts
c. Correction
 CRIMINAL JUSTICE SYSTEM, LIKE A
PROCESS WORKS AS FOLLOWS: A) As to
the main pillars
1. Law Enforcement – Arrest offenders/
violators of law

2. Prosecution – gather the necessary

evidence with the help of the law
enforcement.
- Determine the existence of
prima facie case
- file and prosecute the case in
court
3. Court – conduct hearing
- render authoritative judgment.
4. Correction – control those who were
convicted by the court and segregate them
from community.
- to detain people arrested by the
law enforcers.
5. Community – Is where criminals came
from
- Is where the person convicted of
an offense will finally stay after serving his
sentence.
 THE PEOPLE INVOLVED IN THE
SYSTEM ( Parties to a criminal
case)

 1. Accused – the most pampered

party in a criminal case
 2. Victim/ Complainant – the
forgotten party in a criminal case
 3. People of the Philippines – the
actual offended party.
PHILIPPINE CRIMINAL JUSTICE
SYSTEM IN ITS OPERATION INCLUDES
BUT NOT LIMITED TO THE FOLLOWING
1. Prevention of the commission of
crime;
2. Enforcing the laws;
3. Protecting life, individual rights
and property
4. Removing dangerous persons
from the community;
5. Deterring people from indulging in
criminal activities;
6. Investigating, apprehending,
prosecuting and imposing penalty
upon those who can not be deterred
from violating the rules of society;
and
7. Rehabilitating offenders and
returning them to the community as
law-abiding citizens of the society.
 PILLARS OF THE
CRIMINAL JUSTICE SYSTEM

POLICE

PROSECUTION

COURT

CORRECTION

COMMUNITY
Brief History of the Philippine
Policing System

 From the simplest social structure

- the family to the most complex,
the community of nations, it is
essential that certain norms and
conduct were to be established
and observed in order to ensure
that the cordial and harmonious
relationship among its members
are preserved and maintained.
 It primitively evolved from the
practice of different tribes to select
able-bodied young men to protect
their villagers, not from the assault
of criminals, but from depredations
of wild animals which prey their crops
and livestock during night time.
Spanish Era

 Carabineros de Seguridad Publica

(1712)
 Guardrilleros (1836)
 Guardia Civil (1852)
 Cuerpo de Carabineros de
Seguridad Republica( 1892)
American Era

 Manila Police
Political Era

 Establishment of police forces in every

cities and municipalities with the
officers and members thereof being
appointed by the City or Municipal
Mayor with the consent of City or
Municipal council.
Republic Act 4864
(The Police Act of 1966)

 By virtue of which, the National

Police Commission (NAPOLCOM),
was created, vested with the power to
supervise and control the police forces
all over the country.
Reform or New Society Era

 Presidential Decree 765, this

instituted the integration of the
nation’s police forces with the
Philippine Constabulary (PC)
virtually making the Integrated
National Police (INP) a component
of the Armed Forces of the
Philippines (AFP) and under the
supervision of the Department of
National Defense.
Present Policing System

 Republic Act 6975

 AN ACT ESTABLISHING THE
PHILIPPINE NATIONAL POLICE
UNDER A REORGANIZED
DEPARTMENT OF THE INTERIOR AND
LOCAL GOVERNMENT, AND FOR
OTHER PURPOSES
Republic Act 8551

 AN ACT PROVIDING FOR THE

REFORM AND REORGANIZATION OF
THE PHILIPPINE NATIONAL POLICE
AND FOR OTHER PURPOSES,
AMENDING CERTAIN PROVISIONS OF
REPUBLIC ACT 6975
The Police Roles

 The role of the police in society is

crime prevention. As the most visible
component of governmental authority,
the presence of a uniformed
patrolman gives a feeling of security to
the law abiding but a feeling of fear to
the would-be violator. Hence,
peacekeeping is the ultimate goal of
law enforcement.
 The police officer, in the performance
of his multifarious task is charge with
bringing all lawbreakers to court, but
while doing so, he is compelled to
observe their constitutional rights.
Thus, it can be observe that the police
is the prime mover of the criminal
justice system – that without the
police the system is the stand still.
KINDS OF POLICEMAN

 TRADITIONAL POLICEMAN a
policeman walking in uniform
performing patrol work, walking
constantly and alertly, observing
persons and things to accomplish
crime prevention mission.
 The idealist, a lover of wisdom, who
gives meaning to his duty in terms of
truth, goodness and beauty.
 CONTEMPORARY POLICEMAN
the materialistic, arrogant, college
educated, agent of person in authority
whose insight of public service is for
the public to serve him as his source
of extra income.
The Exercise of Discretion

 What is discretion? Conceptually,

discretion is the wise use of one’s
judgment, personal experience and
common sense to decide a particular
situation.
 The police are decision makers, and
most of the decision they make
involve discretion.
 Law enforcement agencies such as the
police, being the first major
component in the operation of the
criminal justice system, is responsible
for accomplishing the following
functions:
• Prevention of crime.
• Repression of criminal activities
• Preservation of peace and order
• Protection of lives and properties
• Enforcement of laws and
ordinances and regulation of non
criminal conduct
 Apprehension of criminals
 Promt execution of criminal processes
of the Courts
 Coordination with other law
enforcement services
 Safeguarding public health and morals
The Prosecution

 The prosecutor, like the police has wide

latitude in the exercise of discretion. In
fact, in most cases, the prosecutor has
absolute, unrestricted discretion in the
performance of duty. Prosecutorial
discretion typically enters the picture
immediately after the arrest, when the
police reports are forwarded to the
prosecutor for review. The prosecutor
screens and evaluates the documents in
order to decide whether to accept or
reject the case for prosecution.
History of Prosecution

 The origin of the office of the

prosecutor is found hundreds of years
ago in the jurisprudential development
and the common law of England. In
the middle ages, the King has
attorneys, sergeants, and solicitors to
perform some of the functions of the
modern prosecutor.
 Before the 13th century, the King
appointed special attorneys to
prosecute criminal cases. The general
term attornatus was used in England
official documents in the Middle Ages
to mean anyone who appeared for
another as a pleader or attorney.
Prosecution system in the
Philippines
 ADVERSARIAL SYSTEM
 INQUISITORIAL SYSTEM

 MIXED
Roles of the Prosecutor

 Represents the Government

 Bring accusations before a court to
determine the guilt or innocence of
the accused.
 Decide what crime is supposed to be
charged.
 Decide whether or not to prosecute
the accused.
 Determine probable cause.
 The prosecution service is made up of
Provincial and City Public Prosecutors
under the National Prosecution Service
(NPS). They perform to types of
prosecutorial powers:
– investigatory
– prosecutory
 Prosecution of Offenses

 The prosecution of crimes committed

shall be determine by the prosecutor as
to what court has the jurisdiction over the
offense committed.
 Crimes punishable by imprisonment of six
(6) years and below, can be filed directly
to the Municipal Trial Courts and
Municipal Circuit trial Courts or to the
Prosecutors Office.
When is preliminary
investigation required?

 Preliminary investigation is
required when the imposable penalty
for the crime charged is at least 4
years, 2 months and 1 day
imprisonment without regard to the
fine.
 Crimes punishable by imprisonment of
over six (6) years falls under the
jurisdiction of the Regional Trial Court,
the filing of complaint must be in the
Prosecutors Office for the purpose of
conducting preliminary
investigation.
What is probable cause?

 It is the existence of sufficient

ground to engender a well
founded belief that a crime has
been committed and the
respondent is probably guilty
thereof.
Complaint defined

 It is a sworn written statement

charging a person with an offense,
subscribed by the offended party, any
peace officer or public officer charged
with the enforcement of the law
violated.
INQUEST

 AN informal and summary

investigation conducted by a
prosecutor in criminal cases
involving persons arrested and
detained without the benefit of a
warrant of arrest issued by the
court.
What is the procedure in
conducting inquest when
arrest is valid?
 If the prosecutor finds out that the
arrest is valid, he may order further
detention of the arrested person and
the filing of the information before a
proper court;
 If the prosecutor finds out that the
arrest is not valid, he may order the
release of the arrested person upon
signing a promise to appear.
Preliminary investigation:

 An inquiry or proceeding held

for the purpose of determining
whether or not probable cause
is present.
 Objectives of Preliminary
Investigation

 To protect the innocent against hasty,

oppressive and malicious prosecution
 To secure the innocent from open and
public accusation of trial, from trouble
expense and anxiety of a public trial.
 To protect the state from useless and
expensive trials.
Procedure in conducting
Preliminary Investigation

 Filing of the complaint

 Dismissal of the complainant or
issuance of subpoena by the
investigating officer
 Submission of counter-affidavit
by the respondent within 10 days.
 Clarification
 Issuance of a Resolution.
 Transmittal of the records of the
case.
INFORMATION defined

 Itis an accusation of writing

charging a person with an
offense subscribed by the
prosecutor and filed in court.
SUFFICIENCY OF COMPLAINT
OR INFORMATION
 It is sufficient if it contains the name
of the accused, designation of the
offense, acts or omission complained
of, name of the offended party, the
approximate time of the offense and
the place where the offense
committed.
 Remedies in case the fiscal or
prosecution unreasonably refuses to file
information despite the existence of
strong evidence

 File a motion for reconsideration

 File a criminal case against the fiscal
 File an administrative case
 File an action for mandamus to compel
the fiscal to file the information
 File an appeal to the Department of
Justice
What is the distinction between
Complaint and Information?
 They differ in terms of:
Nature
Person who subscribed them
Office where they are filed
Historical Background:

 During the pre-Spanish times in the

Philippines, all trials of criminal and
civil cases were in public. The litigants
in the case pleaded their own case.
There were no lawyers, court clerks or
stenographers. The litigants presented
their witness.
Court
The determination of the innocence or
guilt of the accused. Case congestions
results in delay in the court process
not only diminish the deterrent effect
of the entire Criminal Justice System
in the eye of the potential offenders
but also undermine public confidence
in the system effectiveness. Case
congestion confronts almost every
judicial system in the world and it has
been attributed invariably to several
factors.
 Situated between the Prosecution
and Correction, the court is the
centerpiece of the five pillar in our
Criminal Justice System.
 The courts conducts the trial and
imposes penalty if the suspect is
found guilty. As such the court
performs, perhaps, the most
important role in the
administration of justice because:
 - It is the court that everyone
turns to for justice.
 - It is responsible for applying to
Criminal Law against the
offenders who commit crimes, but
a the same time protecting the
same law violators from the
violations of their rights by
Criminal Justice (Police) agents.

 Judicially, as the third pillar of our
Criminal Justice System, the court is
looked upon as :
 - The final arbiter for justice.
 - The front line defender of
democracy, freedom and human
dignity.
 - The only institution capable of
identifying the conflicting rights of the
individual and those of the state and
society.
Jurisdiction

 Refers to the power and

authority of a court to hear,
try and decide a case.
 To try or hear a case simply means
to received evidence from the parties
(including their arguments ),
according to fixed rules. To decide or
determine a case means to resolve
the dispute by applying the law to
the facts ( established by the
evidence ).
BASIC COURT SYSTEM IN THE
PHILIPPINES:
Regular Courts
Special Courts
Regular Courts

 At first (lowermost) level are the

Metropolitan Trial Courts, the Municipal trial
Courts in the Cities ( or Municipalities ), and
Municipal Circuit Trial Court.
 Metropolitan Trial Court are stationed
by Law in the cities and municipalities
making up the geographical area known as
Metro-Manila. There are Metropolitan Trial
Court of Manila, Quezon City, Makati City,
Valenzuela, Paranaque, etc. They are usually
consist of two or more branches as salas.
 In cities outside of Metro-Manila,
courts of the level are called
Municipal Trial Courts in the Cities.
They are usually composed of three
or more branches.
FIRST LEVEL COURTS

 There is a municipal trial court in

every municipality, and a Municipal
Circuit Trial Court presides over two
or more municipalities grouped into a
circuit.
 Courts of the first level essentially trial
courts. They try to decide only the
particular types or classes of cases
specified by the law. Criminal actions
within their jurisdiction include those
involving violations of city, municipal or
ordinances committed within their
respective territorial jurisdiction, and
offenses punishable with imprisonment
not exceeding six (6) years, irrespective of
the amount of fine and regardless of other
imposable accessory or other penalties,
including the civil arising from such
offenses or predicted thereon, irrespective
of kind nature, value or amount thereof.
SECOND LEVEL COURTS

At the second level are Regional

Trial Courts (RTC’s). Like first level
courts, RTC ‘s are Trial courts. They are
courts of general jurisdictions; they try
and decide not only for the particular
classes or kind of cases assigned to
them by the law, but also those which
( although not so assigned) are not
otherwise within the jurisdiction of
courts of the first level ( or any other
tribunal ).
 THIRD LEVEL COURTS
 COURT OF APPEALS
 At the third level is the Court of
Appeals. It is essentially an appellate
court ( not a Trial court ), reviewing
cases appealed to it from Regional
Trial courts. It may review questions
of fact or mixed questions of fact and
law.
 4th/ HIGHEST LEVEL
COURT
SUPREME COURT
The Supreme Court is the
highest court of the land. It is a
review court. It is the court of
last resort, for no appeal lies
from its judgments and final
orders.
Appeals to the Supreme Court are never a matter of
right.

The only exception is when the penalty IS

death, reclusion perpetual, or life imprisonment
has been imposed either by RTC or the Court of
Appeals; indeed, when the death penalty is
imposed , the case automatically goes up to the
Supreme Court for review, even if the accused
does not appeal.
Special Courts

 Sandiganbayan
 It is a special court that has
jurisdiction over criminal and civil
cases involving graft and corrupt
practices of public officers. Created
pursuant to PD 1606.
 Court of Tax Appeals (CTA)
 Has exclusive appellate jurisdiction to
review and appeal the decision of the
Commissioner of the Bureau of
Internal Revenue involving internal
revenue taxes and decisions of the
Commissioner of the Bureau of
Customs involving customs duties.
Created pursuant to RA 1125
 Shari’a Court
 Created pursuant to PD 1083,
otherwise known as the “Code of
Muslim Personal Laws of the
Philippines”. Cases brought before this
court is civil in nature.
 Family Court
 This special court was established by
virtue of RA 8369, otherwise known as
Family Courts Act of 1997". It covers
criminal cases where one or more of
the accused is below eighteen (18)
years of age but not less than nine (9)
years of age or where one or more of
the victims is a minor at the time of
the commission of the offense.
The order of trial:

 The trial shall proceed in the following

order: The prosecution shall present
evidence to prove the charge and, in
the proper case, the civil liability;
 The accused may present evidence to
prove his defense and damages, if
any, arising from the issuance of the
provisional remedy in the case;
 The prosecution and the defense may,
in that order, present rebuttal and sur-
rebuttal evidence unless the court, in
furtherance of justice, permit them to
present additional evidence bearing
upon the main issue; and
 Upon admission of the evidence of the
parties, the case shall be deemed
submitted for decision unless the court
directs them to argue orally or to
submit written memoranda. (Sec 11,
Rule 119 of the Rules of Court)
Order in the examination
of a Witness
 Direct examination
 Cross examination
 Re-direct
 Re-cross
CORRECTION (FOURTH
PILLAR)
 The function of correction serves
to rehabilitate and neutralize the
deviant behavior of adult
criminals and juveniles. This
component of Criminal Justice
System faces a three-side task in
carrying out the punishment
imposed on the convicted
offender by the court;
a. to deter ( deterrence )
b. to inflict retribution
c. to rehabilitate
The component of the correction
effectuate their functions through
different programs, probation,
commitment to an institution and
parole.
CLASSIFICATION OF
PRISONERS

1. Insular Prisoner – sentence in 3

years and above
2. Provincial Prisoner – sentence over
6 months but not exceeding 3 years
3. City and Municipal Prisoner –
sentence 6 months below
 SEVEN (7) CONFINEMENT
FACILITIES UNDER THE BUREAU
OF PRISONS

 1. Bilibid Prison
 Main – Muntinlupa, Metro Manila

 Youth reception center

 Reception and diagnostic Center

 Camp Sampaguita

 Camp Bukang liwayway

 2. Iwahig Penal Colony ( Palawan )
 3. Davao Penal Colony ( Davao )
 4. Sablayan Penal Farm ( Mindoro)
 5. San Ramon Penal Farm (
Zamboanga )
 6. Leyte Regional Prison ( Abuyog ,
Leyte )
 7. Correctional Institution for women (
Mandaluyong, Metro Manila)
COMMUNITY ( the fifth
pillar )
Outside the formal organization,
however is the community. The basic
element and considered the fifth
component of the entire criminal
justice system. Without the support of
the citizenry, the system by itself
cannot succeed. Thus these
individuals, private groups and public
entities when performing related
criminal justice activities, become part
of the system. In the same manner, a
law-making body becomes a
component of the system at the time it
is
COMMUNITY ( the fifth
pillar )
engaged in the process of enacting a
proposed law intended to improved law
enforcement or correctional methods. In the
same token, any executive agency of the
government such as the educational, welfare,
labor, health, community development or any
public office becomes a part of the system
while engaged in activities directly or
indirectly contributing to the prevention or
control of crimes. Private associations or
unions, neighborhood action groups and
individual citizens may also become
important functionaries of the system plus
the other public and private agencies and
citizens make up the so called larger criminal
justice system
What is Katarungang Pambarangay?

It is an act establishing a
system of amicably settling
disputes at the barangay
level.
 KATARUNGANG PAMBARANGAY
(Presidential Decree 1508)

It is certainly wise & proper that minor offenses

punishable by not exceeding one (1) year of
imprisonment, or a fine not exceeding P5, 000.00
should fall within the authority of the appropriate
Barangay Chairman, or Barangay lupon to settle
amicably without the necessity of elevating it to
the regular court of justice, or to the local police
station.
 The creation of Katarungang
Pambarangay is the positive decentralization
of the government’s program for the
administration and operation of the criminal
justice system. Its logical implication is that
minor offenses must be resolved by the
community through its Barangay Chairman or
Lupon with adequate guidance from the
proper authorities, not strictly adhering to the
technical procedural processes, but without
sacrificing the wheel of justice.
“NO COMPLAINT, PETITION, ACTION, OR
PROCEEDING INVOLVING ANY MATTER
WITHIN THE AUTHORITY OF THE LUPON
SHALL BE FILED FOR ADJUDICATION,
UNLESS THERE HAS BEEN CONFRONTATION
BETWEEN PARTIES BEFORE THE LUPON
CHAIRMAN OR THE PANGKAT CHAIRMAN OR
UNLESS THE SETTLEMENT HAS BEEN
REPUDIATED BY THE PARTIES THERETO”
In effect, conciliation between parties is a
pre – condition to filing of complaint in the
Court. Thus, the local Police Station has to
advise a complaint, after it has for record
purposes booked the complaint to the
appropriate Barangay Lupon, who may
have jurisdiction over the dispute for
possible amicable settlement.
Constitution of a Lupon

The Barangay Chairman shall, within 15 days

from the start of his term, prepare a Notice
to Constitute a Lupon, which shall be
composed of 10 to 20 members. Such notice
be posted in 3 conspicuous places in the
Barangay constinously for a period of not
less than 3 weeks.
QUALIFICATIONS OF THE LUPON MEMBERS

 Any person actually residing or working

in the Barangay

 Not otherwise disqualified by law;

 Possessing integrity, impartiality,

independence of mind, sense of fairness
and reputation of probity; and

 Has expressed his willingness to serve as

Lupon Members
PANGKAT NG TAGAPAGKASUNDO or
CONCILIATION PANEL

For each dispute brought before the Lupon, a

Conciliation Panel or Pangkat Tagapagkasundo
is constituted, consisting of 3 members, to be
chosen by the parties to a dispute, from among
the 10 to 20 members of the Lupon. Should
parties fail to agree on the Pangkat Members, it
shall be determined by the Lupon Chairman.
The 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.
VENUE OF THE LUPON

It maybe defined as the territorial limits

within which judicial power or quasi –
judicial as regards to the Lupon is
exercised. It has likewise been defined
as the place where an action is instituted
and tried, or amicably settled by the
Lupon.

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 taken up in the
barangay where the respondents
actually reside.

c. All disputes involving real property or

any interest therein shall be taken up 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 taken up in
the barangay where such workplace or
institution is located.
In all Katarungan Pambarangay
proceedings, the parties must appear in
person without the assistance of counsel
or representative, except for minors and
the incompetent who may be assisted by
their next – of – kin who are not lawyer.
PROCEDURE FOR AMICABLE
SETTLEMENT IN BARANGAY COURTS

Cause of Action – is an act or omission of

one party in violation of the legal rights of the
other for which the latter suffer damage or
prejudices and the existence of which affords
a party to a right to judicial interference or
intervention in his behalf.
 Who may institute proceeding?

Any individual who has the cause

of action against another individual
involving matter within the authority
of the lupon may complain, orally or
in writing to the Lupon Chairman of
the barangay.
Mediation by the Lupon Chairman

Upon receipt of the complaint, the Lupon

Chairman, shall within the next working day
summon the respondent, with notice of the
complainant for them and their witnesses to
appear personally before him for mediation of
their conflicting interests. If he fails in his
mediation effort within 15 days from the first
meeting or confrontation of the parties before
him, he shall forthwith set a date for the
constitution of the Conciliation Panel or
Pangkat in accordance with the provisions of
this Chapter.
Period of Arrive at a Settlement
The Pangkat shall arrive at a settlement or
resolution of the dispute within 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 15 days, except, in
clearly meritorious cases.
The Provincial, City Legal Officer or
Prosecutor, or the Municipal Legal
Officer shall render legal advise on
matters involving questions of law to the
Barangay Chairman or any Lupon or
Pangkat Members whenever necessary
in the exercise of his functions in the
administration of the Katarungan
Pambarangay.
Form of Settlement
All amicable settlements shall be in
the form of writing, in a language or dialect
known to the parties, signed by them and
attested by the Barangay Captain or the
Chairman of the Pangkat.