KATARUNGANG PAMBARANGAYA Quick View on its Foundations

by ERNIE Y. GULTIANOLocal Government Operations Officer II

Department of the Interior and Local Government

Introduction•The Katarungang Pambarangay or

Barangay Justice System is a community-based dispute settlement mechanism that is administered by the basic political unit of the country, the barangay.

Introduction• The establishment and operation of the

Barangay Justice System is mandated by Republic Act No. 7160 or the Local Government Code of 1991. Prior to this law, however, the establishment of the Barangay Justice System had been covered by Presidential Decree 1508 in 1978 and Batas Pambansa Blg. 337 or the 1983 Local Government Code.

Introduction•Objectives:

▫To promote the speedy administration of justice

▫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

▫To perpetuate and recognize the time-honored tradition of amicably settling disputes at the community level

Introduction•Strategy:

▫Under the Barangay Justice System, the main strategy for settling disputes is to provide a venue for the disputing parties to search for a solution that is mutually acceptable.

▫The Punong Barangay and Lupon members do not act as judges or adjudicators of disputes but as facilitators for the disputing parties’ discussion of possible solutions.

Introduction•The Barangay Justice System provides a

friendly, inexpensive, and speedy forum for the settlement of disputes where the parties can freely explore options for amicably resolving their disputes without resorting to the courts.

Scope of Presentation

Pangkat ng Tagapagkasun

doLupong

Tagapamayapa

Lupong Tagapamayapa•Creation (SECTION 399 of RA 7160)

▫ There is hereby created in each Barangay a Lupong Tagapamayapa, hereinafter referred to as the lupon, composed of the Punong Barangay as chairman and ten (10) to twenty (20) members. The lupon shall be constituted every three (3) years in the manner provided herein.

Lupong Tagapamayapa•Qualification of Lupon Members

(SECTION 399)

▫ Any person actually residing or working in the Barangay

▫ Not otherwise expressly disqualified by law▫ Possessing integrity, impartiality, independence of

mind, sense of fairness, and reputation for probity

Lupong Tagapamayapa•Disqualification

▫below 18 yrs. of age▫convicted of a crime▫elected government official▫member of armed forces who is in the active

service

Lupong Tagapamayapa•Procedure for Constitution (SECTION 399)

▫Within the first fifteen (15) days from the start of the term of office as punong barangay, he/she shall issue a notice to constitute the lupon, which shall include the names of proposed members who have expressed their willingness to serve. Such notice shall be posted in three (3) conspicuous places in the Barangay continuously for a period of not less than three(3) weeks

KP Form 1:NOTICE TO CONSTITUTE THE LUPON

Lupong Tagapamayapa•Procedure for Constitution (SECTION

399)

▫Within ten (10) days thereafter, the punong barangay shall appoint as members those whom he determines to be suitable therefor. Appointments shall be in writing, signed by the punong barangay, and attested to by the barangay secretary.

Lupong Tagapamayapa•Procedure for Constitution (SECTION 399)

▫Appointment of Lupon is the sole prerogative of the Punong Barangay; it does not require the approval, confirmation of the Barangay Council

▫Should the Punong Barangay fail to constitute the Lupon, he/she can be charged for neglect of duty and be administratively liable.

Lupong Tagapamayapa•Procedure for Constitution (SECTION

399)

▫The list of appointed members shall be posted in three (3) conspicuous places in the Barangay for the entire duration of their term of office.

Lupong Tagapamayapa•Oath of Office (SECTION 400)

▫The newly appointed Lupon members will immediately take their Oath of Office before the Punong Barangay.

KP Form 5: Oath of Office of Lupon Member

Lupong Tagapamayapa•Term of Office (SECTION 400)

▫3 years▫Unless terminated by the following:

Death, Resignation Transfer of residence or place of work, Withdrawal of appointment by the Punong

Barangay with concurrence of majority of all the members of the lupon

KP Form 6: Withdrawal of Appointment

Lupong Tagapamayapa•Vacancies (SECTION 401)

▫Should a vacancy occur in 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.

Lupong Tagapamayapa•Functions (SECTION 402)

▫Exercise administrative supervision over the conciliation panels provided herein;

▫Meet regularly once a month to provide a forum for exchange of ideas among its members and the public on matters relevant to the amicable settlement of disputes, and to enable various conciliation panel members to share with one another their observations and experiences in effecting speedy resolution of disputes;

Lupong Tagapamayapa•Functions (SECTION 402)

▫Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Lupong Tagapamayapa•Secretary of the Lupon (SECTION 403)

▫The Barangay secretary shall concurrently serve as the secretary of the lupon. He/she shall record the results of mediation proceedings before the Punong Barangay and shall submit a report thereon to the proper city or municipal courts. He/she shall also receive and keep the records of proceedings submitted to him by the various conciliation panels.

Scope of Presentation

Pangkat ng Tagapagkasun

doLupong

Tagapamayapa

Pangkat ng Tagapagkasundo•Constitution (SECTION 404)

▫There shall be constituted for each dispute brought before the lupon a conciliation panel to be known as the pangkat ng tagapagkasundo, hereinafter referred to as the pangkat, consisting of three (3) members who shall be chosen by the parties to the dispute from the list of members of the lupon.

Pangkat ng Tagapagkasundo•Constitution (SECTION 404)

▫Should the parties fail to agree on the pangkat membership, the same shall be determined by lots drawn by the lupon chairman.

Pangkat ng Tagapagkasundo•Constitution (SECTION 404)

▫The three (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.

Pangkat ng Tagapagkasundo•Vacancies (SECTION 405)

▫Any vacancy in the pangkat shall be chosen by the parties to the dispute from among the other lupon members. Should the parties fail to agree on a common choice, the vacancy shall be filled by lot to be drawn by the lupon chairman.

Pangkat ng Tagapagkasundo•Character of Office (SECTION 406)

▫The lupon members, while in the performance of their official duties or on the occasion thereof, shall be deemed as persons in authority, as defined in the Revised Penal Code.

Pangkat ng Tagapagkasundo• Service Incentives (SECTION 406)

▫The lupon or pangkat members shall serve without compensation, except as provided for in Section 393.

If the Barangay has enough funds, HONORARIA may be given.

▫While in the performance of their duties, the lupon or pangkat members, whether in public or private employment, shall be deemed to be on official time, and shall not suffer from any diminution in compensation or allowance from said employment by reason thereof.

Pangkat ng Tagapagkasundo• Service Incentives (SECTION 406)

▫CHED Order 62▫Guidelines Implementing the Study Grant Program for

Barangay Officials and their Legitimate Dependents▫Who are qualified?

Not more than 21 years of age Highschool graduate with an average of 80% Passed the entrance exam in a State College or

University Income of parents must not exceed Php72,000.00

annually.

THANK YOU VERY MUCH…