The Katarungang Pambarangay, enshrined in the Local Government Code, serves as a community-driven mechanism for resolving conflicts at the barangay level. Rooted in the principle of amicable settlements, Katarungang Pambarangay embodies the spirit of communal harmony by empowering local communities to resolve disputes without formal legal intervention.
What is Katarungang Pambarangay?
The Katarungang Pambarangay is a system for amicable settlement of disputes at the barangay. It is an out-of-court resolution of conflicts by the community members themselves under the guidance of the punong barangay and without intervention of legal counsels and representatives.
What disputes are covered by the Katarungang Pambarangay?
Almost all civil disputes and every criminal offense punishable by imprisonment not exceeding one year or a fine not exceeding P5,000.00 are subject to amicable settlement under the Katarungang Pambarangay when parties involved are individuals who are residing in the same city or municipality.
What disputes and offenses are not covered by the Katarungang Pambarangay?
The following are not subject to amicable settlement:
- 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 performance of his official function;
- Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five Thousand Pesos (P5,000.00);
- Offenses where no private party or individual is offended (like traffic violations, jaywalking, vagrancy, sidewalk vending, mendicancy, and prostitution);
- 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;
- Disputes involving parties who actually reside 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 the appropriate lupon; and
- Such other classes of disputes which the President of the Philippines may determine in the interest of justice or upon the recommendation of the Secretary of Justice.
Can an individual directly file a case in court?
No, unless personal confrontation of parties in the barangay has already taken place and resulted to a failure in the settlement of such case.
What happens when a case outside of the jurisdiction of the Katarungang Pambarangay is settled amicably at the barangay level?
Any settlement or arbitration on disputes not covered by the Katarungang Pambarangay does not have the force and effect of a court judgment; they are merely private contracts and cannot be enforced through execution by the lupon or court.
What is mediation?
Mediation of the first process of settling a dispute under the Katarungang Pambarangay. It is performed by the punong barangay as lupon chairman who is given authority to summon the disputants for a face-to-face meeting before him for the purpose of expeditiously and amicably settling their differences.
What is conciliation?
Conciliation is the extension of the amicable settlement in the case the mediatory effort of the punong barangay did not result to reconciliation within the 15 days from the start of the proceedings.
What is arbitration?
Arbitration is the alternative way of settling disputes under the Katarungang Pambarangay whereby contesting parties agree in writing on the decision or judgment of the punong barangay or the pangkat.
Where shall disputes between persons be brought?
- Disputes between persons actually residing in the same Barangay shall be brought for amicable settlement before the lupon of said Barangay.
- Those involving actual residents of different Barangays within the same city or municipality shall be brought in the Barangay where the respondent or any of the respondents actually resides, at the election of the complainant.
- All disputes involving real property or any interest therein shall be brought in the Barangay where the real property or the larger portion thereof is situated.
- Those arising at the workplace where the contending parties are employed or at the institution where such parties are enrolled for study, shall be brought in the Barangay where such workplace or institution is located.
Note: Objections to venue shall be raised in the mediation proceedings before the Punong Barangay; otherwise, the same shall be deemed waived. Any legal question which may confront the Punong Barangay in resolving objections to venue herein referred to may be submitted to the Secretary of Justice, or his duly designated representative, whose ruling thereon shall be binding.
Source:
Local Government Code of 1991
