Barangay Justice System

BARANGAY
JUSTICE
SYSTEM
Question to Ponder
•During a town fiesta in Placer,
Hortilano and Pepito were
having a romantic moment
dating at the park. While
walking together they meet the
Ex-BF of Pepito in the person of
Serafin who is still so in love
with her, upon
Question to Ponder
chance of crossing their way,
Serafin kiss and smashed the
neck of Pepito and utter words
that he still love her. Out of shame
in the crowd, Pepito file a case of
Unjust Vexation against Serafin.
In the course of time, the court
dismissed the case. WHY?
What is Barangay
Justice System?
•Barangay Justice System
– is a system created by
the government in order to
solve disputes within the
Barangay level before
going into court.
Amicable Settlement
•Is an agreement reached
during mediation and
conciliation proceedings.
•Amicable settlement –
“inamigo nga husay o
panag-areglo”
Example of
Amicable
Settlement
Problem faced by the
Justice System
1.High levels of crime and violence
2.The need to respond to new
forms of criminality
3.Overburdened with heavy
caseloads
4.Insufficient financial and human
resources
Objectives of Brgy.
Justice System
•To minimize the
indiscriminate filing of cases
in courts.
•To minimize the congestion of
court dockets and thereby
enhance the quality of justice
dispensed by the courts.
Objectives of Brgy.
Justice System
•To promote the speedy

administration of justice.
Katarungang Pambarangay
•It is a system of justice
administered at the barangay
level for the purpose of
amicable settling disputes
through mediation,
conciliation, or arbitration
among the family or barangay
without resorting to the courts
Katarungang Pambarangay
or before going into court.

•Failure to do so would mean
the dismissal of the parties’
claim or counterclaim.
Barangay Justice
System
•The system has three parts:
1.Mediation by the Brgy.
Captain
2.Lupong Tagapamayapa
3.Conciliation by Pangkat
Tagapagkasundo
LUPONG
TAGAPAMAYAPA
•It is the body organized in
every barangay composed of
the Brgy Captain as the
Lupon Chairman.
•Brgy. Captain appoints the
member of Lupong
Tagapamayapa within 15
LUPONG
TAGAPAMAYAPA
days from the start of their
term of office.
•Lupong Tagapamayapa must
have a minimum member of
10 and maximum of 20
members.
PANGKAT
TAGAPAGKASUNDO
•Is the conciliation panel
constituted from the Lupon
membership for every dispute
brought before the Lupon.
•It consist of 3 members after
the Brgy. Captain failed in his
mediation efforts.
PANGKAT
TAGAPAGKASUNDO
•The Pangkat shall meet to
hear both parties, explore
possibilities for amicable
settlement within 15 days
which can be extended for
another 15 days in a
meritorious case.
Who may qualify to be a
member of the Lupon?
•He must have his actual
residence or place of work in
the barangay;
•He must possess integrity,
impartiality, independence of
mind, sense of fairness,
reputation for probity, tact,
Who may qualify to be a
member of the Lupon?
•patience, resourcefulness,
flexibility and open
mindedness;
•He must not be expressly
disqualified by law from
holding public office.
What is the
Procedure for
Amicable
Settlement?
is filed with records the
Brgy. Captain complaint and
orally or in assigns it a
writing. docket
3. Brgy. Captain
number.
issues summons for
parties to appear
before him.
4. Brgy. 5. If
Captain settlement
conciliates is reached,
the parties or case is
arbitrates the considered
case.
3. Brgy.
Captain issues
summons for
parties to
appear before
him.
• Example of
Brgy. Summon
conciliation 7. Pangkat
fails, Brgy. conciliates the
Captain parties or
arbitrates the case.
creates a 8. If
Pangkat. agreement is
reached or
arbitration
award is
made, case is
closed.
9. If arbitration fails, 10. Case will
the Brgy. Captain
issue a certificate
be taken to
to file action. court.
Covered Cases
• Libel/Slander/Slander by Deeds
• Alarming Scandals
• Using False Certificate
• Marital Conflict
• Illegal Use of Uniforms and
Insignias
• Less Serious Physical Injuries
• Slight Physical Injuries
• Abandoning a Minor
• Qualified Theft (amount does not
exceed P500)
• Theft (property not exceed P50)
• Estafa or Swindling
• Altering Boundaries or
Landmarks
And other
Civil and
Criminal Cases
Exceptions
•Where one party is the
government, or any
subdivision or instrumentality
thereof.
•Where one party is a public
officer or employee, and the
dispute relates to the
Exceptions
performance of his official
functions.
•Offenses punishable by
imprisonment exceeding one (1)
year or a fine exceeding P5,000.
•Offenses where there is no
private offended party (groups).
Exceptions
•Where the dispute
involves real properties
located in different cities
or municipalities.
•Disputes involving parties
who actually reside in
Exceptions
barangays of different
cities/municipalities.
•Disputes that need urgent
legal action.
•Where the accused is
under detention.
Exceptions
•Where a person has
otherwise been deprived of
personal liberty calling for
habeas corpus proceedings.
Rules on Venue
•Same barangay
•Different barangays but
same city or municipality:
Barangay where the
respondent or any of the
Rules on Venue
respondents actually
resides, at the election of
the complainant.
•Real property: Barangay
where the real property or
the larger portion thereof is
situated.
Different Barangay,
Same City/Municipality
•The dispute will be settle
in the barangay where the
respondent or one of the
respondents reside at the
choice of the complainant.
Different Barangay,
Different City/Municipality
•No need to undergo barangay
•BUT parties may still agree if
adjoining
cities/municipalities.
•If parties do not agree, they
may go to court directly.
Example:
•Jay-ar a permanent resident
of Poblacion, Placer, Masbate,
filed with the Regional Trial
Court (RTC) of Cebu City,
where he owns a rest house,
a complaint for ejectment
against Serafin, a resident of
Barangay Balaban, Cebu City.
Example:
•Was there a need to refer the
case to the Lupong
Tagapamayapa for prior
barangay conciliation before
the court can take
cognizance of the case?
•NO!
Answer:
•The law provides that
disputes involving parties
who actually reside in
barangays of different cities
of municipalities need not be
referred to the barangay for
Answer:
Here, Jay-ar and Serafin do
not reside in the same city or
municipality. Therefore, prior
referral to the Lupong
Tagapamayapa is not a pre-
condition to the filing of this
case in court.
Juridical Entity
•Any case involving a
corporation or juridical
entity can go directly to
court without going
through mediation or
conciliation.
Consequences of
Failure to Appear
•Complainant: dismissal of
Complaint, barred from
filing case in court.
Consequences of
Failure to Appear
•Respondent: dismissal of
Counterclaim, barred from
filing case in court.
Mediation
•It is a process wherein the
Lupon Chairperson assists
the disputing parties to
reach settlement by
consensus that jointly
satisfied their needs.
Conciliation
Pangkat forgoes the power to
decide or recommend but
assist the parties to isolate
issues and option to reach a
settlement by consensus that
jointly satisfied their needs.
Arbitration
third party from outside
the judicial system is
chosen by parties to hear
and decide their dispute.
Arbitration
•In arbitration, the Lupon
Chairman or Pangkat
Chairman is given the power
to render decisions on the
dispute with a prior
agreement of the parties to
be bound by it.
Arbitration
•The parties may agree in
writing that they shall abide
by the arbitration award of
the Lupon or Pangkat.
Arbitral Award
•After that, Secretary shall
furnish a copy of the
Arbitration Award to the
parties within five (5)
days.
Arbitral Award
•The Lupon Chairman is given
fifteen (15) days but not
earlier than six (6) days from
the date of the last hearing
to evaluate the case and
issue the arbitration award.
Written Settlement
Agreement
•The written agreement has the
force and effect of a final
judgment of a court after ten
(10) days from the date of the
amicable settlement was made,
unless protest or repudiation of
settlement is made.
Repudiation of
Settlement Agreement
•Any party can protest the
settlement within ten
(10) days.
•After the lapse of that
period, the settlement will
take effect.
What if there was
no settlement
between the
parties, despite all
efforts to
conciliate?
Certificate to File Action
•A certificate to File Action
shall be filled up, attesting
that no conciliation or
settlement has been reached
as certified by the Pangkat
Secretary and signed by the
Pangkat Chairman.
It shall be
submitted to the
corresponding
court or
government
office for the
filing of the
appropriate
case.
Certificate to File Action
•It shall be submitted to
the corresponding court or
government office for the
filing of the appropriate
case.
Procedure for
Amicable
Settlement
is filed with records the
Brgy. Captain complaint and
orally or in assigns it a
writing. docket
3. Brgy. Captain
number.
issues summons for
parties to appear
before him.
4. Brgy. 5. If
Captain settlement
conciliates is reached,
the parties or case is
arbitrates the considered
case.
conciliation 7. Pangkat
fails, Brgy. conciliates the
Captain parties or
arbitrates the case.
creates a 8. If
Pangkat. agreement is
reached or
arbitration
award is
made, case is
closed.
9. If arbitration fails, 10. Case will
the Brgy. Captain
issue a certificate
be taken to
to file action. court.
Take Note!
•Lawyers are not allowed to
appear in barangay hearings.
•Despite the use of the term
“justice”, there really is no
such thing as a barangay
court.
Take Note!
•The barangay officials who
compose the Lupong
Tagapamayapa or the
Pangkat ng Tagapagkasundo
are not judges.
Take Note!
•The only instance that the
Lupon or Pangkat acts like a
court (weighing evidence,
hearing testimonies, deciding
on the merits, etc.) is when
the parties in dispute agree
to arbitration.
END!

Barangay Justice System

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BARANGAY

•To promote the speedy

or before going into court.

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