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