Week 2: Alternative Dispute Resolution: Katarungang Pambarangay Law

WEEK 2: ALTERNATIVE DISPUTE RESOLUTION
Katarungang Pambarangay Law,

RA 7160. Secs. 399-422 Book 3, Title 1, Chapter 7
Definition of Terms to isolate issues and options to reach a settlement by

consensus that jointly satisfies their needs.
Adjudication - is the power of courts or quasi-judicial
agencies to decide cases filed before them and falling Delivery of Personal Property (Replevin) - is provisional
within their jurisdiction. remedy by which a judge before whom an action is
pending for the recovery of personal property issues an
Amicable Settlement - is an agreement reached during
order for the delivery of such property to the movant or
mediation and conciliation proceedings.
the party filing the petition upon filing of a bond to
Arbitration - is a process wherein the third party from guarantee its return or to answer for the damages.
outside the judicial system is chosen by parties to hear
Execution - is the process of exacting satisfaction for on
and decide their dispute.
or both of the parties through compulsory or coercive
Arbitration Award - is the decision reached by either the means. It entails the enforcement of the terms of the
lupon chairperson or pangkat, as the case may be, upon amicable settlement or arbitration award in so far as this
prior agreement in writing by the parties to a dispute for may enjoin or command any of the parties to perform an
the adjudicators to resolve it. act, give something or refrain from doing some act.
Attachment - is a provisional remedy in the form of an Habeas Corpus - is a judicial proceeding for the purpose
order issued by a judge before whom the case is pending of releasing a person who is illegally deprived of liberty or
by which the property is taken into legal custody as restoring rightful custody to the person who has been
security for satisfaction of a judgment obtained by the deprived of.
prevailing party, either at the commencement of the
Incompetent - means a person who is suffering the
action or any time after the filing of the case before the
penalty of civil interdiction; or who is a hospitalized leper,
final judgment.
prodigal, deaf and dumb who is unable to communicate;
Complainant - plaintiff one who is of unsound mind, even though he has a lucid
intervals and a person not being unsound mind but by
Complaint - is a concise statement of ultimate facts
reason of age, disease, weak mind, and other similar
constituting the plaintiff’s cause and causes of action.
causes, cannot, without outside aid, take care of himself
Conciliation - is a process wherein the Pangkat forgoes and mange his property, becoming thereby an easy prey
the power to decide or recommend but assist the parties for deceit and exploitation.
Miguel Tejero – 11/19/2020

Jurisdiction - is an authority to hear and decide a case Preliminary injunction - is a provisional remedy in the
and given by law and cannot be agreed by the parties. form of an order issued by a judge before whom the case
is pending at any stage before the final judgment
Katarungang Barangay (KP) - is a system of justice
requiring a person to refrain from a particular act.
administered at the barangay level for the purpose of
amicable settling disputes through mediation, Repudiation - is an act of rejecting the validity or
conciliation or abitration among the family or barangay refusing to accept the terms and conditions of agreement
without resorting to the courts. on the ground of vitiation of consent by fraud, violence or
intimidation.
Lupong Tagapamayapa (Lupon) - is a body organized
in every barangay composed of Punong Barangay as the Respondent - defendant
chairperson and not less than ten (10) and more than
Statute of Limitations - is the law which bars or does
twenty from which the members of every Pangkat shall be
not allow the institution or filing of an action or case
chosen.
against another after the expiration of the period
Mediation - is a process wherein the Lupon chairperson prescribe d for such action or offense
or Barangay Chairperson assists the disputing parties to
Support Pendente Lite - is a provisional remedy in a
reach a settlement by consensus that jointly satisfies
form of an order issued by a judge before whom the case
their needs.
is pending granting allowance, dwelling, clothing,
Minor - is a person below eighteen (18) years of age. education and medical attendance to the person entitled
thereof.
Next of Kin - is an individual who is a relative or a
responsible friend with whom the minor or incompetent Venue - is the place where the case is to be heard and
lives. decided. This is not fixed by law except in criminal cases,
and can be agreed upon by the parties.
Pangkat Tagapagkasundo (Pangkat) - is a conciliation
panel constituted from the Lupon membership for every
dispute brought before the Lupon consisting of three (3)
members after the Punong Barangay has failed in his
mediation efforts.

SECTION 399. Lupong Tagapamayapa. – (e) The list of appointed members shall be posted in
three (3) conspicuous places in the barangay for the
(a) There is hereby created in each barangay a lupong
entire duration of their term of office; and
tagapamayapa, hereinafter referred to as the lupon,
composed of the punong barangay, as chairman and (f) In barangays where majority of the inhabitants are
ten (10) to twenty (20) members. The lupon shall be members of indigenous cultural communities, local
constituted every three (3) years in the manner systems of settling disputes through their councils of
provided herein. datus or elders shall be recognized without prejudice
to the applicable provisions of this Code.
(b) Any person actually residing or working in the
barangay, not otherwise expressly disqualified by law, Lupong Tagapamayapa
and possessing integrity, impartiality, independence
- Also referred to as lupon, the same are created in
of mind, sense of fairness, and reputation for probity,
each barangay.
may be appointed a member of the lupon.
(c) A notice to constitute the lupon, which shall What comprises of the lupong tagapamayapa?
include the names of proposed members who have Chairman – in the capacity as punong barangay
expressed their willingness to serve, shall be prepared 10-20 Members
by the punong barangay within the first fifteen (15)
days from the start of his term of office. Such notice
Term length of lupon
shall be posted in three (3) conspicuous places in the
barangay continuously for a period of not less than - Three years.
three (3) weeks;
Who are qualified to be a member of the lupon?
(d) The punong barangay, taking into consideration
- Any person actually residing or working in the
any opposition to the proposed appointment or any
barangay, not disqualified by law, and possessing
recommendations for appointment as may have been
integrity, impartiality, independence of mind,
made within the period of posting, shall within ten
sense of fairness, and reputation for probity, may
(10) days thereafter, appoint as members those whom
be appointed as the member.
he determines to be suitable therefor. Appointments
shall be in writing, signed by the punong barangay,
and attested to by the barangay secretary.

Notice to constitute the lupon Appointments in the lupon

- The notice shall include the names of the proposed - The Punong Barangay must declare it in writing,
members of the lupon who expressed their thereby attested by the Barangay Secretary.
willingness to serve.
List of Appointed Members
Who makes the notice?
- It being similar to the notice of members in the
- Punong Barangay, or referred to as the Chairman. lupon (three conspicuous places).
- However, the lists being delivered to the mentioned
Period to give the notice? places shall remain in the same for the entire
- Notice shall be prepared by the Punong Barangay duration of their term of office.
within the first 15 days of his term of office.
In cases where majority of the inhabitants are
Where to give the notice? indigenous cultural communities
- On 3 conspicuous places in the barangay. Take - Local Systems of settling disputes being
note that conspicuous as referred to in law means promulgated by their councils through datus or
that the notice shall be given to places clearly elders shall be recognized.
visible along the vicinities of the barangay.
Illustration:
The giving should be continuous In the towns of Barira and North Upi in Mindanao,
- Notice given on the abovementioned places shall the governing body comprises of indigenous elders and
be constantly relayed within the duration of not Islamic religious leaders who oversee conflict.
Considering that their population is almost equally
less than 3 weeks.
divided between Christians, Muslims, and Indigenous
In cases of opposition in an amendment or Tiruray, they enforce the so-called tri-people conflict
recommendation of appointments resolution process” to govern the justice system.
- The Punong Barangay, within 10 working days,

shall appoint members those who are suitable for
the subject matter thereof.

SECTION 400. Oath and Term of Office. – Upon Process for Vacancies
appointment, each lupon member shall take an oath
- The Punong Barangay shall appoint a qualified
of office before the punong barangay. He shall hold
person (in connection with Section 399,
office until a new lupon is constituted on the third
Subsection b) immediately.
year following his appointment unless sooner
terminated by resignation, transfer of residence or Newly appointed person to fill in the vacancy
place of work, or withdrawal of appointment by the
punong barangay with the concurrence of the - Shall only hold office for the unexpired portion of
majority of all the members of the lupon. the term, which the previous member has left the
same office.
Who shall take oath of office in the lupon?
SECTION 402. Functions of the Lupon. – The lupon
- Each member duly appointed. shall:
- They shall take an oath of office before the punong
barangay. (a) Exercise administrative supervision over the
conciliation panels provided herein;
Term of office
(b) Meet regularly once a month to provide a forum for
- Three years until a new lupon is constituted on the exchange of ideas among its members and the public
third year, unless: on matters relevant to the amicable settlement of
disputes, and to enable various conciliation panel
a) Terminated by resignation; members to share with one another their observations
b) Transfer of residence or place of work; or and experiences in effecting speedy resolution of
c) Withdrawal of appointment by the punong disputes; and
barangay with the concurrence of the majority
of all the members of the lupon. (c) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
SECTION 401. Vacancies. – Should a vacancy occur in ordinance.
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.

Functions of the Lupong Tagapamayapa: 3. Also receive and keep the records of proceedings
submitted to him by the various conciliation
- As specified in Section 402:
panels.
A. Exercise administrative supervision over the SECTION 404. Pangkat ng Tagapagkasundo. –

conciliation panels provided in Section 412;
B. Meet regularly once a month to provide forum for (a) There shall be constituted for each dispute brought
exchange of ideas among its members and the before the lupon a conciliation panel to be known as
public on matters relevant to the amicable the pangkat ng tagapagkasundo, hereinafter referred
settlement of disputes, and to enable various to as the pangkat, consisting of three (3) members
conciliation panel members to share with one who shall be chosen by the parties to the dispute from
another their observations and experiences in the list of members of the lupon.
effecting speedy resolution of disputes; and Should the parties fail to agree on the pangkat
C. Exercise such other powers and perform such membership, the same shall be determined by lots
other duties and functions as may be prescribed drawn by the lupon chairman.
by law or ordinance.
(b) The three (3) members constituting the pangkat
SECTION 403. Secretary of the Lupon. – The barangay shall elect from among themselves the chairman and
secretary shall concurrently serve as the secretary of the secretary. The secretary shall prepare the
the lupon. He shall record the results of mediation minutes of the pangkat proceedings and submit a
proceedings before the punong barangay and shall copy duly attested to by the chairman to the lupon
submit a report thereon to the proper city or secretary and to the proper city or municipal court.
municipal courts. He shall also receive and keep the He shall issue and cause to be served notices to the
records of proceedings submitted to him by the parties concerned.
various conciliation panels.
The lupon secretary shall issue certified true copies
Secretary of the Lupon; Functions: of any public record in his custody that is not by law
otherwise declared confidential.
1. Record the results of mediation proceedings before
the punong barangay. Pangkat ng Tagapagkasundo
2. Shall submit a report thereon to the proper city or
- Also referred to as pangkat.
municipal courts.

Composition of Pangkat Pangkat Vacancies

- Three members who shall be chosen by the parties - The vacancy shall be filled by one of the lupon
to the dispute from the list of members of the members.
lupon.
When there has been no agreement met?
In cases where parties fail to agree on the pangkat
- The vacancy shall be filled by lot to be drawn by
membership
the lupon chairman.
- These cases shall be determined by lots drawn by
the chairman. SECTION 406. Character of Office and Service of
Lupon Members. –
Chairman and Secretary of Pangkat
(a) The lupon members, while in the performance of
- Among the three members of the Pangkat, they their official duties or on the occasion thereof, shall
shall elect their own Chairman and Secretary. be deemed as persons in authority, as defined in the
- The Secretary shall prepare the minutes of the Revised Penal Code.
Pangkat proceedings and submit a copy duly
attested by the Pangkat’s Chairman to the Lupon (b) The lupon or pangkat members shall serve without
Secretary and to the proper city or municipal compensation, except as provided for in Section 393
court. and without prejudice to incentives as provided for in
- The Lupon Secretary, in turn, shall issue certified this section and in Book IV of this Code. The
copies of any public record in his custody, Department of the Interior and Local Government
otherwise declared confidential. shall provide for a system of granting economic or
other incentives to the lupon or pangkat members
SECTION 405. Vacancies in the Pangkat. – Any who adequately demonstrate the ability to judiciously
vacancy in the pangkat shall be chosen by the parties and expeditiously resolve cases referred to them.
to the dispute from among the other lupon members. While in the performance of their duties, the lupon or
Should the parties fail to agree on a common choice, pangkat members, whether in public or private
the vacancy shall be filled by lot to be drawn by the employment, shall be deemed to be on official time,
lupon chairman. and shall not suffer from any diminution in
compensation or allowance from said employment by
reason thereof.

Character of Members of the Lupon: While in performance of their duties
- They shall be deemed as persons in authority, - The lupon or pangkat members shall be deemed to
pursuant to Article 152 of the Revised Penal Code be on official time, and shall not suffer any
of the Philippines: diminution in compensation or allowance from
said employment by reason thereof.
“Art. 152. Persons in authority and agents of persons in
authority; Who shall be deemed as such. — In applying the SECTION 407. Legal Advice on Matters Involving
provisions of the preceding and other articles of this Code, Questions of Law. – The provincial, city legal officer
any person directly vested with jurisdiction, whether as an or prosecutor or the municipal legal officer shall
individual or as a member of some court or governmental render legal advice on matters involving questions of
corporation, board, or commission, shall be deemed a law to the punong barangay or any lupon or pangkat
person in authority. A barrio captain and a barangay member whenever necessary in the exercise of his
chairman shall also be deemed a person in
functions in the administration of the katarungang
authority.”
pambarangay.
Compensation of Lupon or Pangkat members:
Who may give legal advice?
- They shall serve without compensation except those
1. Provincial Officer
provided in Section 393 of this Law.
2. City Legal Officer
Other Incentives to the Members 3. City Prosecutor
4. Municipal Legal Officer
- Without prejudice to the incentives stated in Book
IV of this Code, Department of the Interior and What kind of advice?
Local Government shall provide for a system of
- They shall only render legal advice on matters
granting economic or other incentives to the lupon
involving questions of law to the punong barangay
or pangkat members who adequately demonstrate
or any lupon or pangkat members whenever
the ability to judiciously and expeditiously resolve
necessary.
cases referred to them.

SECTION 408. Subject Matter for Amicable (g) Such other classes of disputes which the President
Settlement; Exception Thereto. – The lupon of each may determine in the interest of justice or upon the
barangay shall have authority to bring together the recommendation of the Secretary of Justice.
parties actually residing in the same city or
The court in which non-criminal cases not falling
municipality for amicable settlement of all disputes
within the authority of the lupon under this Code are
except:
filed may, at any time before trial, motu proprio refer
(a) Where one party is the government, or any the case to the lupon concerned for amicable
subdivision or instrumentality thereof; settlement.
(b) Where one party is a public officer or employee, Amicable Settlement

and the dispute relates to the performance of his
- An agreement reached during mediation and
official functions;
conciliation proceedings.
(c) Offenses punishable by imprisonment exceeding
one (1) year or a fine exceeding Five thousand pesos Who has the authority on amicable settlements?
(P5,000.00); - As a general rule, the lupon of each barangay.
(d) Offenses where there is no private offended party; Exceptions to the general rule:
(e) Where the dispute involves real properties located A. One party is the government, or any subdivision or
in different cities or municipalities unless the parties instrumentality thereof;
thereto agree to submit their differences to amicable B. One party is a public officer or employee, and the
settlement by an appropriate lupon; dispute relates to the performance of his official
(f) Disputes involving parties who actually reside in functions;
barangays of different cities or municipalities, except C. Offenses punishable by imprisonment exceeding
where such barangay units adjoin each other and the one year or a fine exceeding five thousand pesos;
parties thereto agree to submit their differences to D. Offenses where there is no private offended party;
amicable settlement by an appropriate lupon; 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 (d) Those arising at the workplace where the
barangays of different cities or municipalities, contending parties are employed or at the institution
except where such barangay unites adjoin each where such parties are enrolled for study, shall be
other and the parties thereto agree to submit their brought in the barangay where such workplace or
differences to amicable settlement by an institution is located.
appropriate lupon; and
Objections to venue shall be raised in the mediation
G. Such other classes of disputes which the President
proceedings before the punong barangay; otherwise,
may determine in the interest of justice or upon
the same shall be deemed waived. Any legal question
recommendation of the secretary of justice.
which may confront the punong barangay in resolving
Those not mentioned in this code objections to venue herein referred to may be
submitted to the Secretary of Justice or his duly
- For non-criminal cases not falling within the
designated representative, whose ruling thereon shall
authority of the lupon, at any time before trial,
be binding.
moto proprio refer the case to the lupon concerned
for amicable settlement. Venue of Amicable Settlement, when:
SECTION 409. Venue. – a. Between Persons residing in the same barangay
(a) Disputes between persons actually residing in the - Shall be brought for amicable settlement before
same barangay shall be brought for amicable the lupon of said barangay.
settlement before the lupon of said barangay. b. Residents of different barangays within the same
(b) Those involving actual residents of different city of municipality
barangays within the same city or municipality shall - Brought in the barangay where the respondent or
be brought in the barangay where the respondent or any of the respondents actually resides, at the election of
any of the respondents actually resides, at the the complainant.
election of the complainant.
c. Disputes involving real property or any interest
(c) All disputes involving real property or any interest therein
therein shall be brought in the barangay where the
real property or the larger portion thereof is situated. - Brought in the barangay where the real property
or the larger portion thereof is situated.

d. Those arising at the workplace where the before him, he shall forthwith set a date for the
contending parties are employed or at the institution constitution of the pangkat in accordance with the
where such parties are enrolled to study provisions of this Chapter.
- Shall be brought in the barangay where such (c) Suspension of prescriptive period of offenses –
workplace or institution is located. While the dispute is under mediation, conciliation, or
arbitration, the prescriptive periods for offenses and
In case of objections
cause of action under existing laws shall be
- The objections shall be raised before the punong interrupted upon filing of the complaint with the
barangay, otherwise, the same shall be waived. punong barangay. The prescriptive periods shall
- The punong barangay shall, in turn, upon resume upon receipt by the complainant of the
receiving legal questions, may submit the same to complaint or the certificate of repudiation or of the
the Secretary of Justice or the latter’s duly certification to file action issued by the lupon or
designated representative, whose ruling thereon pangkat secretary: Provided, however, That such
shall be binding. interruption shall not exceed sixty (60) days from the
filing of the complaint with the punong barangay.
SECTION 410. Procedure for Amicable Settlement. –
(d) Issuance of summons; hearing; grounds for
(a) Who may initiate proceeding – Upon payment of disqualification – The pangkat shall convene not later
the appropriate filing fee, any individual who has a than three (3) days from its constitution, on the day
cause of action against another individual involving and hour set by the lupon chairman, to hear both
any matter within the authority of the lupon may parties and their witnesses, simplify issues, and
complain, orally or in writing, to the lupon chairman explore all possibilities for amicable settlement. For
of the barangay. this purpose, the pangkat may issue summons for the
(b) Mediation by lupon chairman – Upon receipt of the personal appearance of parties and witnesses before
complaint, the lupon chairman shall, within the next it. In the event that a party moves to disqualify any
working day, summon the respondent(s), with notice member of the pangkat by reason of relationship,
to the complainant(s) for them and their witnesses to bias, interest, or any other similar grounds discovered
appear before him for a mediation of their conflicting after the constitution of the pangkat, the matter shall
interests. If he fails in his mediation effort within be resolved by the affirmative vote of the majority of
fifteen (15) days from the first meeting of the parties the pangkat whose decision shall be final. Should

disqualification be decided upon, the resulting Period for the mediation of the Chairman
vacancy shall be filled as herein provided for.
- Within a period of fifteen days from the time the
e) Period to arrive at a settlement – The pangkat shall parties were summoned before him.
arrive at a settlement or resolution of the dispute
In cases where mediation efforts fail
within fifteen (15) days from the day it convenes in
accordance with this section. This period shall, at the - The Chairman shall set a date for the constitution
discretion of the pangkat, be extendible for another of the pangkat in accordance with the provisions
period which shall not exceed fifteen (15) days, except of the Chapter.
in clearly meritorious cases.
Suspension of prescriptive period of offenses
Amicable Settlements – Procedure
- While the dispute is under mediation, arbitration,
- Following the payment on appropriate filing fee, or conciliation, the prescriptive periods for offenses
any individual who has a cause of action on and cause of action under existing laws shall be
another involving any matter within the authority interrupted upon filing of the complaint with the
of lupon. punong barangay.
- The prescriptive period shall resume upon receipt
Form prescribed for Complaint
by the complainant of the complaint or certificate
- May be orally or in writing. of repudiation or of the certification to file an action
issued by the lupon or pangkat secretary.
Who shall receive the complaint?
Period of Interruption
- The lupon Chairman of the Barangay.
- Shall not exceed 60 days from the filing of
Mediation of the Chairman complaint with the Punong Barangay.
- Upon receiving the complaint, the Chairman, in
Hearing of the Complaint by the Pangkat
the following working day, shall summon the
respondent(s), with notice to the complainant(s) for - The pangkat shall convene not later than three
them and their witnesses to appear before him for days from its constitution, duly set by the
mediation based on their conflicting interests. Chairman to hear from both parties and their

witnesses, simplify issues, and explore all dialect known to the parties, signed by them, and
possibilities. attested to by the lupon chairman or the pangkat
chairman, as the case may be. When the parties to the
Issuance of Summons dispute do not use the same language or dialect, the
- Upon hearing the complaint, the pangkat may settlement shall be written in the language known to
issue summons for the parties and witnesses them.
before it.
Form of Amicable Settlement
Disqualification of any member of the pangkat - It shall be in writing, pursuant to Section 411. The
- When one of the parties moved to disqualify any language shall likewise be understandable, more
member of the pangkat by reason of bias, so a dialect known to the parties, if applicable.
relationship, interest, or other similar grounds - The same shall be signed by the parties and
discovered, the same shall be resolved by the attested by the lupon chairman or the pangkat
affirmative vote of the majority of the pangkat chairman.
whose decision shall be final.
If the parties do not use the same language or dialect
- If a member has been disqualified due to any of the
mentioned grounds, the resulting vacancy should - The settlement shall be written in the language
be filled in for. known to them.
Period to arrive at a settlement SECTION 412. Conciliation. –
- Within 15 days from the day it convenes in (a) Pre-condition to Filing of Complaint in Court. – No
accordance with Section 410. complaint, petition, action, or proceeding involving
- However, if the pangkat may deem it necessary, any matter within the authority of the lupon shall be
the 15-day period is extendible to a duration not filed or instituted directly in court or any other
more than another 15 days. government office for adjudication, unless there has
been a confrontation between the parties before the
lupon chairman or the pangkat, and that no
SECTION 411. Form of Settlement. – All amicable conciliation or settlement has been reached as
settlements shall be in writing, in a language or 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 A. There has been a confrontation between the
parties thereto. parties before the lupon chairman or the pangkat,
and that no conciliation or settlement has been
(b) Where Parties May Go Directly to Court. – The
reached as certified by the lupon secretary or
parties may go directly to court in the following
pangkat secretary as attested to by the lupon; or
instances:
B. Pangkat chairman or the settlement has been
(1) Where the accused is under detention; repudiated by the parties thereto.
(2) Where a person has otherwise been deprived of Parties may go directly to court when:
personal liberty calling for habeas corpus
A. The accused is under detention;
proceedings;
B. A person has been deprived of personal liberty
(3) Where actions are coupled with provisional calling for habeas corpus proceedings;
remedies such as preliminary injunction, attachment, C. Actions are coupled with provisional remedies
delivery of personal property and support pendente such as preliminary injunction, attachment,
lite; and delivery of personal property and support
pendente lite (during litigation); and
(4) Where the action may otherwise be barred by the
D. Where the action may otherwise be barred by the
statute of limitations.
statute of limitations.
(c) Conciliation Among Members of Indigenous
Conciliation in Indigenous Cultural Communities
Cultural Communities. – The customs and traditions
of indigenous cultural communities shall be applied - The traditions and customs of the same shall be
in settling disputes between members of the cultural applied in settling disputes.
communities.
SECTION 413. Arbitration. –
General Rule: No complaint, petition, action, or
proceeding within the authority of the lupon shall be filed (a) The parties may, at any stage of the proceedings,
or instituted directly in court or any other government agree in writing that they shall abide by the
office for adjudication. arbitration award of the lupon chairman or the
pangkat. Such agreement to arbitrate may be
Exceptions: It can be directly addressed in court if: repudiated within five (5) days from the date thereof

for the same grounds and in accordance with the SECTION 414. Proceedings Open to the Public;
procedure hereinafter prescribed. The arbitration Exception. – All proceedings for settlement shall be
award shall be made after the lapse of the period for public and informal: Provided, however, That the
repudiation and within ten (10) days thereafter. lupon chairman or the pangkat chairman, as the case
may be, may motu proprio or upon request of a party,
(b) The arbitration award shall be in writing in a
exclude the public from the proceedings in the
language or dialect known to the parties. When the
interest of privacy, decency, or public morals.
parties to the dispute do not use the same language
or dialect, the award shall be written in the language Arbitration of the Proceedings:
or dialect known to them.
General Rule: All proceedings for settlement shall be
Arbitration of the Lupon Chairman or Pangkat public and informal.
- Parties may, at any stage of proceedings, agree in Exception: The lupon Chairman or the pangkat
writing that they shall abide by the arbitration Chairman may motu proprio or upon request of the party,
award of the lupon Chairman or pangkat. exclude the public from the proceedings in the interest of
- However, the agreement can be repudiated within privacy, decency, or public morals.
five days for the same grounds mentioned.
SECTION 415. Appearance of Parties in Person. – In
If no repudiation of parties has occurred all katarungang pambarangay proceedings, the
parties must appear in person without the assistance
- The arbitration award shall be made after the lapse
of counsel or representative, except for minors and
of the period for repudiation and within ten days
incompetents who may be assisted by their next-of-
thereafter.
kin who are not lawyers.
Form of the arbitration award Appearance of Parties
- Shall be in writing and in a language or dialect General Rule: Must appear in person without the
known to parties. assistance of counsel or representative.
If the parties do not use the same language or dialect Exception: Minors and incompetents may be assisted by
their next-of-kin who are not lawyers.
- The award shall be written in the language or
dialect known to them.

SECTION 416. Effect of Amicable Settlement and settlement may be enforced by action in the
Arbitration Award. – The amicable settlement and appropriate city or municipal court.
arbitration award shall have the force and effect of a
Period for execution of the lupon
final judgment of a court upon the expiration of ten
(10) days from the date thereof, unless repudiation of - 6 months from the date of the settlement.
the settlement has been made or a petition to nullify
the award has been filed before the proper city or Beyond 6 months
municipal court. - Settlement may be enforced by action in the
However, this provision shall not apply to court cases appropriate city or municipal court.
settled by the lupon under the last paragraph of SECTION 418. Repudiation. – Any party to the dispute
Section 408 of this Code, in which case the may, within ten (10) days from the date of the
compromise settlement agreed upon by the parties settlement, repudiate the same by filing with the
before the lupon chairman or the pangkat chairman lupon chairman a statement to that effect sworn to
shall be submitted to the court and upon approval before him, where the consent is vitiated by fraud,
thereof, have the force and effect of a judgment of violence, or intimidation. Such repudiation shall be
said court. sufficient basis for the issuance of the certification
Amicable Settlements and Arbitration Awards for filing a complaint as hereinabove provided.
- Have the effect of a final judgement of a court upon Repudiation

the expiration of 10 days from the date thereof. - When the consent of any party is vitiated by fraud,
- However, the same is not applicable when there violence, or intimidation, the party may repudiate
has been made a petition to nullify the award has the settlement within 10 days from the same, by
been filed before the proper city or municipal filing with the lupon Chairman a statement to that
court. effect.
SECTION 417. Execution. – The amicable settlement SECTION 419. Transmittal of Settlement and
or arbitration award may be enforced by execution by Arbitration Award to the Court. – The secretary of the
the lupon within six (6) months from the date of the lupon shall transmit the settlement or the arbitration
settlement. After the lapse of such time, the award to the appropriate city or municipal court

within five (5) days from the date of the award or from Sources/References:
the lapse of the ten-day period repudiating the
• Republic Act No. 7160: GOVPH. (1991,
settlement and shall furnish copies thereof to each of
October 10). Retrieved November 19, 2020,
the parties to the settlement and the lupon chairman.
from https://www.officialgazette.gov.ph/
SECTION 420. Power to Administer Oaths. – The 1991/10/10/republic-act-no-7160/
punong barangay, as chairman of the lupong • PHILIPPINES: Traditional justice system
tagapamayapa, and the members of the pangkat are used to resolve conflicts. (n.d.). Retrieved
hereby authorized to administer oaths in connection November 19, 2020, from
with any matter relating to all proceedings in the https://www.culturalsurvival.org/news/p
implementation of the katarungang pambarangay. hilippines-traditional-justice-system-used-
resolve-conflicts
SECTION 421. Administration; Rules and
• Vigo, M., & Manuel, A., SALIGAN.
Regulations. – The city or municipal mayor, as the
(2004). Katarungang Pambarangay: A
case may be, shall see to the efficient and effective
Handbook (1065992550 811844227 A.
implementation and administration of the
Manuel SALIGAN, 1065992551 811844227
katarungang pambarangay. The Secretary of Justice
D. Lopez LGSP, 1065992552 811844227 M.
shall promulgate the rules and regulations necessary
Garcia LGSP, 1065992553 811844227 V.
to implement this Chapter.
Alfaro LGSP, 1065992554 811844227 E.
SECTION 422. Appropriations. – Such amount as may Catalan LGSP, 1065992555 811844227 R.
be necessary for the effective implementation of the Jajurie SALIGAN Mindanao, et al., Eds.).
katarungang pambarangay shall be provided for in the 1/F Hoffner Bldg., Social Development
annual budget of the city or municipality concerned. Complex Ateneo de Manila University,
Loyola Heights, 1108 Quezon City,
Philippines: Sentro ng Alternatibong Lingap
Panligal (SALIGAN) and Philippines-Canada
Local Government Support Program (LGSP).
doi:971-92952-0-1

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WEEK 2: ALTERNATIVE DISPUTE RESOLUTION

Katarungang Pambarangay Law,

Definition of Terms to isolate issues and options to reach a settlement by

Miguel Tejero – 11/19/2020

Miguel Tejero – 11/19/2020

Miguel Tejero – 11/19/2020

Notice to constitute the lupon Appointments in the lupon

- The Punong Barangay, within 10 working days,

Miguel Tejero – 11/19/2020

Miguel Tejero – 11/19/2020

A. Exercise administrative supervision over the SECTION 404. Pangkat ng Tagapagkasundo. –

Miguel Tejero – 11/19/2020

Composition of Pangkat Pangkat Vacancies

Miguel Tejero – 11/19/2020

Character of Members of the Lupon: While in performance of their duties

Miguel Tejero – 11/19/2020

(b) Where one party is a public officer or employee, Amicable Settlement

Miguel Tejero – 11/19/2020

SECTION 409. Venue. – a. Between Persons residing in the same barangay

Miguel Tejero – 11/19/2020

Miguel Tejero – 11/19/2020

Miguel Tejero – 11/19/2020

Period to arrive at a settlement SECTION 412. Conciliation. –

Miguel Tejero – 11/19/2020

Miguel Tejero – 11/19/2020

Miguel Tejero – 11/19/2020

- Have the effect of a final judgement of a court upon Repudiation

Miguel Tejero – 11/19/2020

Miguel Tejero – 11/19/2020

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