Substantive Aspects of Katarungan Pambarangay: Subject Matter, Venue and Jurisdiction

Substantive Aspects of
Katarungan Pambarangay
Subject Matter, Venue and Jurisdiction
Lesson Objectives
• To be able to learn the cases that falls under the Katarungang
Pambarangay
• To be able to learn the difference of Venue and Jurisdiction
• To be able to learn the Rules on Venue

What disputes may be brought for amicable
settlement before the Katarungang
Pambarangay?
• Disputes between or among the parties who are ACTUALLY
RESIDING in the SAME CITY or MUNICIPALITY may be brought for
amicable settlement before the lupon.
Are there cases which the lupon does not
have the authority to hear?
• Yes. The lupon shall have no authority in the following cases:
• 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 relate to the performance of his official functions;
• c. Offenses punishable by imprisonment exceeding one (1) year
or a fine exceeding Five thousand pesos (5,000.00);
• 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 there to agree to submit
their differences to amicable settlement by an appropriate lupon;
• f. Dispute involving parties who actually resides 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.
Can courts refer some cases to the lupon for
mediation or conciliation even if the said cases are
already outside of the lupon’s authority?
• The court in which non-criminal cases not falling within the

authority of the lupon are filed may motu proprio refer the case to
the lupon concerned for amicable settlement at any time before
trial.
• However, where the civil case is covered by the Rule on Summary
Procedure, its referral to the lupon which has no authority over the
case is saliently an unsound exercise of discretion.
What cases do not require barangay
conciliation as a pre-requisite for filing in
court?
• Supreme Court Administrative Circular 14-93 provides for the
following additional cases which do not require the mandatory
conciliation or mediation before the lupon:
1. 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 [See

Sec. 412 (b) (1), Revised Katarungang Pambarangay Law];
b) 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.

2. Any class of disputes which the President may determine in
the interest of justice or upon the recommendation of the
Secretary of Justice;
3. Where the dispute arises from the Comprehensive Agrarian

Reform Law (CARL) [Secs. 46 & 47, R. A. 6657];
4. 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];
5. Actions to annul judgment upon a compromise which may

be filed directly in court [See Sanchez vs. Tupaz, 158 SCRA
459] .
What are the common types of case
brought before the Lupon?
• Based on the 10 year report of the DILG on Katarungang

Pambarangay Law, the types of cases brought before the lupon
are as follows:
A. Criminal cases:
1. Physical injuries;
2. Slander;
3. Threats;
4. Robbery;
5. Theft;
6. Drug Abuse;
7. Damage to property;
8. Estafa;
9. Trespassing;
10. Coercion; and
11. Unjust vexation.
B. Civil Cases
1. Ejectment;
2. Family or marital problems;
3. Collections of Debts or Rentals;
4. Breach of contract;
5. Damages;
6. Demand for specific performance of obligation arising from
contracts.
What is the difference between the term
“venue” and “jurisdiction”?
• The two terms are not synonymous to each other. Venue is the
place where an action is filed, heard, and tried while
jurisdiction is the power to decide or hear a particular case.
• If a dispute is submitted to the lupon of a certain barangay
but the same is supposed to be heard by the lupon of
another barangay, when should an objection to the venue be
raised?
• Objection to venue must be raised in the mediation proceedings
before the punong barangay. Otherwise, the same is deemed
waived. Moreover, such objection must not be made before the
pangkat.
Rules on Venue
Type of Dispute Venue for
Conciliation/Mediation
Between persons actually residing in the Shall be brought before the lupon of said
same barangay barangay.
Involving actual residents of different Shall be brought in the barangay where

barangays within the same city or the respondent or any of the respondents
municipality actually resides, at the election of the
complainant
Involving real property or any interest Shall be brought in the barangay where
therein the real property or the larger portion
thereof is situated.
Arising at the workplace where the Shall be brought in the barangay where
contending parties are employed or at the such workplace or institution is located
institution where such parties are
enrolled for study
• The law provides that disputes between or among the
parties who are ACTUALLY RESIDING in the SAME CITY or
MUNICIPALITY may be brought for amicable settlement
before the lupon.
What type of residence is required for
purposes of determining the proper venue?
• PD 1508 requires that disputants must be members of the
barangays who are actually residing therein. Residence alone,
without membership, in said barangays would not be an accurate
and reliable criterion.
What type of residence is required for
purposes of determining the proper venue?
• Mere membership in a barangay, without actual residence therein,
should not suffice since absentee membership would not sub serve
the avowed purpose of PD 1508 for lack of common bond and
sense of belongingness to a particular identified group (Spouses
Bejer vs. CA and Spouses Samar, G.R. No. 79404, Jan. 27, 1989).
To whom should the requirement of
actual residence and membership apply?
• The statutory requirement of actual residency and membership in
the barangay is applicable to the real party in interest, not to the
attorney-in-fact.
• The Lupon shall have no jurisdiction over disputes where the
parties are not actual residents of the same city or
municipality, except where the barangays in which they
actually reside adjoin each other.
PROCEDURAL ASPECT
OF KATARUNGANG
PAMBARANGAY
The KP Process
MEDIATION
CONCILIATIO
BEFORE THE
COMPLAINT N THROUGH EXECUTION
LUPON
THE PANGKAT
CHAIRMAN
AMICABLE SETTLEMENT
IS REACHED
Who may initiate proceeding? How is this done?
• Any person who has cause of action against another involving any
matter within the authority of the lupon may complain, orally or in
writing, to the barangay lupon chairman upon payment of the
appropriate filing fee.
Alternative Dispute Resolution (ADR)
Methods
(1) Mediation;
(2) Conciliation; and
(3) Arbitration
MEDIATION
This means a voluntary process in which a
mediator, selected by the disputing parties,
facilitates communication and negotiation, and
assists the parties in reaching a voluntary
agreement regarding a dispute (Sec. 3(q), RA no.
9285).
CONCILIATION
This is a process in which an
impartial person acts as an
intermediary to open
communication between parties
to resolve their dispute.
ARBITRATION
This is a voluntary dispute resolution
process in which one or more
arbitrators, appointed in accordance
with the agreement of the parties, or
rules promulgated pursuant to law,
resolve a dispute by rendering an
award (Sec. 3[d], RA No. 9285).
The two stages of Katarungang
Pambarangay process
(1) MEDIATION before the

lupon chairman, and
(2) CONCILIATION before the pangkat

The steps and principles followed in the
mediation before the lupon chairman
• Upon receipt of the complaint, the lupon
chairman shall summon the respondent, with
notice to the complainant for them and their
witnesses to appear before him for a mediation
of their conflicting interests within the next
working day.
• The respondent may submit his answer and he

may interpose his counter-claim.
• Hearing is done informally.

• Technical rules of evidence are not resorted.
• Settlement must be reduced into writing signed

by the complainant and respondent and
attested by the Barangay Chairman
• If the mediation efforts of the lupon chairman

fail 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.
If the dispute is not settled before the
lupon chairman, what will be the next
step?
• The dispute shall be referred to the
Pangkat ng Tagapagsundo for
conciliation.
How will the pangkat be constituted?
• The pangkat shall be constituted by allowing
the parties to choose from among the lupon
membership the three members of the pangkat.
They shall also choose a fourth person
as alternate member of the Pangkat.
• Should the parties fail to agree on the

composition of the Pangkat, they shall, in the
presence of the Barangay Captain
or Secretary, make the selection in the following
manner:

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Substantive Aspects of

• To be able to learn the difference of Venue and Jurisdiction

• To be able to learn the Rules on Venue

• a. Where one party is the government or any subdivision or

• e. Where the dispute involves real properties located in different

• The court in which non-criminal cases not falling within the

a) Criminal cases where accused is under police custody or detention [See

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

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

3. Where the dispute arises from the Comprehensive Agrarian

5. Actions to annul judgment upon a compromise which may

• Based on the 10 year report of the DILG on Katarungang

Involving actual residents of different Shall be brought in the barangay where

(1) MEDIATION before the

(2) CONCILIATION before the pangkat

• The respondent may submit his answer and he

• Hearing is done informally.

• Settlement must be reduced into writing signed

• If the mediation efforts of the lupon chairman

• Should the parties fail to agree on the

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