ADMINISTRATIVE CIRCULAR NO. 14-93.

following disputes:chanrobles virtual law

library
ADMINISTRATIVE CIRCULAR NO. 14-93
[1] Where one party is the government,
or any subdivision or instrumentality
thereof;
TO: ALL REGIONAL TRIAL COURTS,
METROPOLITAN TRIAL COURTS, [2] Where one party is a public officer or
MUNICIPAL TRIAL COURTS AND employee and the dispute relates to the
MUNICIPAL CIRCUIT TRIAL COURTS performance of his official functions;

SUBJECT: GUIDELINES ON THE [3] Where the dispute involves real

KATARUNGANG PAMBARANGAY properties located in different cities and
CONCILIATION PROCEDURE TO PREVENT municipalities, unless the parties thereto
CIRCUMVENTION OF THE REVISED agree to submit their difference to
KATARUNGANG PAMBARANGAY LAW amicable settlement by an appropriate
[SECTIONS 399-422, CHAPTER VII, TITLE I, Lupon;
BOOK III, R. A. 7160, OTHERWISE
KNOWN AS THE LOCAL GOVERNMENT [4] Any complaint by or against
CODE OF 1991]. corporations, partnerships or juridical
entities, since only individuals shall be
The Revised Katarungang Pambarangay parties to Barangay conciliation
Law under R. A. 7160, otherwise known proceedings either as complainants or
as the Local Government Code of 1991, respondents [Sec. 1, Rule VI,
effective on January 1, 1992 and which Katarungang Pambarangay Rules];
repealed P. D. 1508, introduced
substantial changes not only in the [5] Disputes involving parties who
authority granted to the Lupong actually reside in barangays of different
Tagapamayapa but also in the procedure cities or municipalities, except where
to be observed in the settlement of such barangay units adjoin each other
disputes within the authority of the and the parties thereto agree to submit
Lupon.cralaw their differences to amicable settlement
by an appropriate Lupon;
In order that the laudable purpose of the
law may not be subverted and its [6] Offenses for which the law prescribes
effectiveness undermined by a maximum penalty of imprisonment
indiscriminate, improper and/or exceeding one [1] year or a fine of over
premature issuance of certifications to five thousand pesos (P5,000.00);
file actions in court by the Lupon or
Pangkat Secretaries, attested by the [7] Offenses where there is no private
Lupon/Pangkat Chairmen, respectively, offended party;
the following guidelines are hereby
issued for the information of trial court [8] Disputes where urgent legal action is
judges in cases brought before them necessary to prevent injustice from being
coming from the Barangays:chanrobles committed or further continued,
virtual law library specifically the following:chanrobles
virtual law library
I. All disputes are subject to Barangay
conciliation pursuant to the Revised
Katarungang Pambarangay Law [formerly [a] Criminal cases where accused is under
P. D. 1508, repealed and now replaced by police custody or detention [See Sec. 412
Secs. 399-422, Chapter VII, Title I, Book (b) (1), Revised Katarungang
III, and Sec. 515, Title I, Book IV, R.A. Pambarangay Law];
7160, otherwise known as the Local
Government Code of 1991], and prior [b] Petitions for habeas corpus by a
recourse thereto is a pre-condition person illegally deprived of his rightful
before filing a complaint in court or any custody over another or a person illegally
government offices, except in the
deprived of or on acting in his behalf; [2] Issued by the Pangkat Secretary and
attested by the Pangkat Chairman
[c] Actions coupled with provisional certifying
remedies such as preliminary injunction, that:chanroblesvirtuallawlibrary
attachment, delivery of personal
property and support during the [a] a confrontation of the parties took
pendency of the action; and cralaw place but no conciliation/settlement has
been reached (Sec. 4[f], Rule III,
[d] Actions which may be barred by the Katarungang Pambarangay Rules); or
Statute of Limitations.
[b] that no personal confrontation took
place before the Pangkat through no
[9] Any class of disputes which the fault of the complainant (Sec. 4[f], Rule
President may determine in the interest III, Katarungang pambarangay Rules).
of justice or upon the recommendation
of the Secretary of Justice;
[3] Issued by the Punong Barangay as
[10] Where the dispute arises from the requested by the proper party on the
Comprehensive Agrarian Reform Law ground of failure of settlement where
(CARL) [Secs. 46 & 47, R. A. 6657]; the dispute involves members of the
same indigenous cultural community,
[11] Labor disputes or controversies which shall be settled in accordance with
arising from employer-employee the customs and traditions of that
relations [Montoya vs. Escayo, et al., 171 particular cultural community, or where
SCRA 442; Art. 226, Labor Code, as one or more of the parties to the
amended, which grants original and aforesaid dispute belong to the minority
exclusive jurisdiction over conciliation and the parties mutually agreed to
and mediation of disputes, grievances or submit their dispute to the indigenous
problems to certain offices of the system of amicable settlement, and
Department of Labor and Employment]; there has been no settlement as certified
by the datu or tribal leader or elder to
[12] Actions to annul judgment upon a the Punong Barangay of place of
compromise which may be filed directly settlement (Secs. 1,4 & 5, Rule IX,
in court [See Sanchez vs. Tupaz, 158 Katarungang Pambarangay Rules); and
SCRA 459].cralaw
[4] If mediation or conciliation efforts
II. Under the provisions of R. A. 7160 on before the Punong Barangay proved
Katarungang Pambarangay conciliation, unsuccessful, there having been no
as implemented by the Katarungang agreement to arbitrate (Sec. 410 [b],
Pambarangay Rules and Regulations Revised Katarungang Pambarangay Law;
promulgated by the Secretary of Justice, Sec. 1, c. (1), Rule III, Katarungang
the certification for filing a complaint in Pambarangay Rules), or where the
court or any government office shall be respondent fails to appear at the
issued by Barangay authorities only upon mediation proceeding before the Punong
compliance with the following Barangay (3rd par. Sec. 8, a, Rule VI,
requirements:chanroblesvirtuallawlibrary Katarungang Pambarangay Rules), the
Punong Barangay shall not cause the
[1] Issued by the Lupon Secretary and
issuance at this stage of a certification to
attested by the Lupon Chairman (Punong
file action, because it is now mandatory
Barangay), certifying that a confrontation
for him to constitute the Pangkat before
of the parties has taken place and that a
whom mediation, conciliation, or
conciliation settlement has been
arbitration proceedings shall be
reached, but the same has been
held.cralaw
subsequently repudiated (Sec. 412,
Revised Katarungang Pambarangay Law; III. All complaints and/or informations
Sec. 2[h], Rule III, Katarungang filed or raffled to your sala/branch of the
Pambarangay Rules); Regional Trial Court shall be carefully
read and scrutinized to determine if
 there has been compliance with prior Katarungang Pambarangay, or the Barangay Justice System is a
Barangay conciliation procedure under local justice system in the Philippines. It is operated by the
the Revised Katarungang Pambarangay smallest of the local government units, the barangay, and is
Law and its Implementing Rules and overseen by the barangay captain, the highest elected official of
Regulations as a pre-condition to judicial the barangay and its executive.[1] The barangay captain sits on
action, particularly whether the the Lupon Tagapamayapa along with other barangay residents,
certification to file action attached to the which is the committee that decides disputes and other matters.
records of the case comply with the They do not constitute a court as they do not have judicial
requirements hereinabove enumerated powers.[2]
in Par. II;
The system exists to help decongest the regular courts and works
IV. A case filed in court without mostly as "alternative, community-based mechanism for dispute
compliance with prior Barangay resolution of conflicts,"[1] also described as a "compulsory
conciliation which is a pre-condition for mediation process at the village level."[3]
formal adjudication (Sec. 412 [a] of the
Revised Katarungang Pambarangay Law) Throughout the Philippines the Barangay Justice Systems handles
may be dismissed upon motion of thousands of cases a year.[4] Since officials have more flexibility in
defendant/s, not for lack of jurisdiction decision-making, including from complex evidence rules, and
of the court but for failure to state a receive some resources from government, the courts are more
cause of action or prematurity (Royales numerous and accessible than other courts and therefore the
vs. IAC, 127 SCRA 470; Gonzales vs. CA, courts are able to hear more cases and to respond more
151 SCRA 289), or the court may suspend immediately.[4]
proceedings upon petition of any party
under Sec. 1, Rule 21 of the Rules of The Katarungang Pambarangay share characteristics with similar
Court; and refer the case motu proprio to traditional, hybrid courts in other countries such as the Solomon
the appropriate Barangay authority Islands, Papua New Guinea, Nigeria and South Africa, among
applying by analogy Sec. 408 [g], 2nd others.[5] Such courts emerged during colonial periods as Western
par., of the Revised Katarungang imperial powers introduced western legal systems.[5] The Western
Pambarangay Law which reads as legal systems were usually applied to westerners while the local
follows:chanrobles virtual law library dispute resolution systems were integrated into the Western
system in a variety of ways including incorporation of local
"The court in which non-criminal cases decision makers into the government in some way.[5] After
not falling within the authority of the independence, many states faced the same problems as their
Lupon under this Code are filed may, at former rulers, especially "limited geographical reach of state
any time before trial, motu proprio refer institutions, Western-modeled institutions often divorced from
case to the Lupon concerned for community structures and expectations, and resource constraints
amicable settlement. in the justice sector."[5] Hybrid courts became a "middle ground
for supporting community decision-making while simultaneously
Strict observance of these guidelines is expanding the authority and reach of the state."[5]
enjoined. This Administrative Circular
shall be effective immediately. Besides "hybrid courts", other authors have described the system
as a "Non-State Justice System".[6]

History[edit]

Manila, Philippines; July 15, 1993. There has long been a traditional, local system of resolving
disputes. Presidential Decree 1508 talks an unofficial "time-
honored tradition of amicably settling disputes among family and
barangay members at the barangay level without judicial
resources".[7]
[Sgd.] ANDRES R. NARVASA
Alfredo Flores Tadiar was the principal author of Presidential
Chief Justice Decree 1508, The Katarungang Pambarangay Law,[8] and he also
wrote its implementing rules, requiring prior conciliation as a
condition for judicial recourse.[citation needed] For 12 years (1980–
1992), he was a member of the Committee of Consultants, Bureau
Katarungang Pambarangay of Local Government Supervision, which oversaw the nationwide
operations of the Katarungang Pambarangay Law.[citation
needed]
Under the decree, the body was known as Lupong Who can access it?
Tagapayapa .[7]
Individual residents of Barangay can file a complaint to their
This decree was replaced by the Local Government Code of 1991. Punong Barangay. If the parties are from different barangays, the
dispute will be settled in the barangay at the choice of the
Operation, rules and procedures[edit] complainant. Cooperatives or people’s organizations can go
directly to court without mediation or conciliation.
The Lupon Tagapamayapa is the body that comprises the
barangay justice system and on it sit the baranagy captain and 10 How does it work?
to 20 members.[9] The body is normally constituted every three
years and holds office until a new body is constituted in the third Mediation
year.[9] They receive no compensation except honoraria,
allowances and other emoluments as authorized by law or A complaint is filed in the Lupon (committee) at a minimal filing
barangay, municipal or city ordinance.[9] fee. The Punong Barangay facilitates the mediation process and
explains the process, objectives and rules of the mediation. Each
Almost all civil disputes and many crimes with potential prison party is given time to explain their point of view. If no settlement
sentences of one year or less or fines 5,000 or less.Philippine is reached following the mediation, the parties can try to resolve
pesos are subjected to the system.[10][9] In barangays where a their dispute through conciliation.
majority of members belong to an indigenous people of the
Philippines, traditional dispute mechanisms such as a council of Conciliation
elders may replace the barangay judicial system.[9]
The conciliators (Pangkat Tagapagkasundo) are known and
Upon receipt of the complaint, the chairman to the committee, respected by both parties in the dispute, and are constituted by
most often the barangay captain, shall the next working day the Punong Barangay from the Lupon. The three members of the
inform the parties of a meeting for mediation.[9] If after 15 days Pangkat are chosen by the parties. The Pangkat shall hear both
for the first meeting, the mediation is not successful then a more parties and explore the possibilities for amicable settlement. The
formal process involving the pangkat or body must be amicable settlement reached in conciliation has the force and
followed.[9] There is another 15-day period to resolve the dispute effect of a final judgment of a court and can be enforced within 6
through this more formal process, extendable by the pangkat for months from the date of settlement by filing a motion in court.
yet another 15-day period.[9] If not settlement has been reached,
then a case can be filed in the regular judicial system of the If no settlement is reached, the parties can use a certification to
Philippines.[2] file action for filing a case in court.

Barangay Justice System (Katarungang Pambarangay) Arbitration

An alternative, community-based mechanism in the Philippines Arbitration can take place at any stage of the proceedings, as long
as both parties agree in writing to abide by the arbitration award
Overview of the Lupon or Pangkat.

The barangays are the smallest political subdivisions in the Enforcement

Philippines. The Katarungang Pambarangay (KP) or Barangay
Justice System (BJS) is an alternative, community-based If a settlement is reached through either mediation, conciliation
mechanism for dispute resolution of conflicts between members or arbitration, and the party has not complied with the settlement
of the same community. or arbitration award, the Punong Barangay executes the
settlement by taking possession of sufficient personal property of
The BJS provides a venue for disputing parties to search for a the party obliged, which can be sold and the proceeds applied to
mutually acceptable solution. Other members of the communities the amount.
act as intermediaries, facilitating the discussion of possible
solutions. Appeal

The BJS formalized the Filipino tradition to seek help of An amicable settlement has force and effect of a final judgment of
community elders or tribe leaders in resolving disputes between a court after ten days from the date of the settlement, unless a
members of the same community, and uses the Punong Barangay protest or repudiation of the settlement is made. Only when the
(highest elected official in a barangay) and the Lupon members BJS has failed to resolve the dispute, can the parties bring their
(committee of respected community members). case to court.

It is only when the BJS has failed to resolve the dispute that the References
parties are allowed to bring their case to court.
Katarungang Pambarangay Handbook
Department of the Interior and Local Government – Republic of  Paggamit ng hindi totoong pangalan at pagtatago ng
the Philippines totoong pangalan (art. 178); �

PROCEDURE IN THE KATARUNGAN PAMBARANGAY

 Paggamit ng mga uniporme at sagisag na labag sa
batas (art. 179); �
Category: Criminal Procedure

WHAT IS THE PROCEDURE IN THE KATARUNGAN  Pinsala sa katawan dala ng marahas na pag-aaway (art.
PAMBARANGAY LAW? 252); �

1. While the dispute is under mediation conciliation or  Pagtulong sa naganap na pagpapatiwakal (art. 253); �
arbitration, the prescriptive periods for offenses and cause of
action under existing laws shall be interrupted upon filing of the  Pananagutan ng mga sangkot sa isang labanan kapag
complaint with the Punong Barangay nagkaroon lang ng mga pinsala sa katawan o wala
mang nangyaring pinsala (art. 260); �
2. Prescriptive periods shall resume upon receipt by the
complainant of the complaint or the certificate of repudiation
 Mga hindi gaanong malalang pinsala sa katawan (art.
or of the certification to file action filed by the Lupon or Pangkat
265); �
secretary

3. Provided however, that such interruption shall not exceed 60  Mga bahagyang pinsala sa katawan at pagmamalupit
days from the filing of the complaint with the Punong Barangay (art. 266); �

WHAT ARE THE EXCEPTIONS TO THE RULE?  Pagdakip nang labag sa batas (art. 269); � paghimok
sa isang menor de edad na lumayas sa kanyang
1. Where the accused is under detention tahanan (art. 271); �

2. Where a person has been otherwise deprived of  Pag-iwan sa isang taong nasa panganib at pag-iwan sa
personal liberty calling for habeas corpus proceedings isang naging biktima (art. 275); �

3. Where actions are coupled with provisional remedies

 Pagpapabaya sa isang menor de edad (isang bata na
4. Where the action may be barred by the statute of limitations mababa ang edad sa pitong (7) taong gulang) (art.
276); �
MGA KASO SA ILALIM NG KATARUNGANG PAMBARANGAY
 Pag-iwan ng mga taong pinagkatiwalaang magaalaga sa
BRGY. BARANG, PANIQUI, TARLAC·SUNDAY, JUNE 18, 2017 isang menor de edad; kawalan ng pagmamalasakit ng
mga magulang (art. 277); �
WALANG SINUMAN ANG MAAARING DUMIRETSO SA HUKUMAN
O ANUMANG TANGGAPAN NG GOBYERNO PARA SA PAGPAPASYA  Pagpasok sa isang tirahan nang walang pahintulot
NG KANYANG KASO LABAN SA ISA PANG TAO LALO NA KUNG ANG (hindi gumamit ng dahas at pananakot) (art. 280); �
USAPIN AY SAKLAW NG BARANGAY.
 Mga ibang anyo nang pagpasok na walang pahintulot
Maliban na lang kung ang magkabilang panig ay nagpasyang
(art. 281); � magaan na mga pagbabanta (art. 283); �
harapin ang bawat isa at isaayos ang kanilang hidwaan. Pero kung
hindi, kinakailangan nilang dumaan sa proseso ng
pagkakasunduan ( conciliation )  Iba pang magaan na pagbabanta (art. 285); �

KUNG HINDI AY IPAWAWALANG-SAYSAY ITO NG HUKUMAN SA  Grabeng pamumuwersa (art. 286); �

KAKULANGAN NG DAHILAN PARA AKSYUNAN O MASYADONG
MAAGA PARA ISAMPA SA KORTE (LACK OF CAUSE OF ACTION OR  Hindi grabeng pamumuwersa (art. 287); �
PREMATURITY).
 Iba pang katulad na pamumuwersa (sapilitang pagbili
 Paglalathala at pamamahayag nang labag sa batas (art. ng mga paninda at pagbabayad ng suweldo sa
154); � pamamagitan ng pagsingil ng utang na loob) (art. 288);
�
 Mga pananakot at paninirang-puri (art. 155); �

 Paggamit ng huwad na katibayan (art. 175); �

 Pagbubuo, pananatili at pagbabawal ng pagsasanib ng  Paglalabas ng tseke nang walang sapat na pondo (bp
puhunan at lakas-paggawa sa pamamagitan ng dahas 22); �
at pananakot (art. 289); �
 Pagbili ng nakaw na ari-arian kung ang halaga ng ari-
 Pag-alam ng lihim nang sapilitan at sa pamamagitan ng ariang sangkot ay hindi hihigit sa p50.00 (pd 1612).
kasunduan (art. 290); �

 Pagsisiwalat ng lihim nang mga pang-aabuso ng

kapangyarihan (art. 291); �

 Pagnanakaw (kung ang halaga ng ninakaw na ariarian

ay hindi hihigit sa p50.00). (art. 309);

 Pagnanakaw (kung ang halaga ay hindi hihigit sa p500).

(art. 310); �

 Pagsakop ng mga tigil na ari-arian o sapilitang pagkuha

ng karapatan sa ari-arian (art 312);

 Paglilipat ng mga hangganan o muhon (art. 313);

 Pandaraya o panggagantso (kung ang halaga ay hindi

hihigit sa p200.00). (art. 315); �

 Iba pang anyo ng pandaraya (art. 316); �

 Pandaraya sa isang menor de edad (art. 317); �

 Iba pang panloloko (art. 318); �

 Pagtanggal, pagbebenta o pagpeprenda ng

nakasanlang pag-aari (art. 319); �

 Mga kakaibang kaso ng panlolokong may masamang

hangarin (kung ang halaga ng nasirang ari-arian ay
hindi hihigit sa p1,000.00). (art 328); �

 Iba pang kalokohan (kung ang halaga ng nasirang ari-

arian ay hindi hihigit sa p1,000.00). (art. 329); �
simpleng panunulsol (art. 338); �

 Paggawa ng kahalayan na mayroong pagsang-ayon na

naagrabyadong partido (art 339); �

 Pagbanta na isisiwalat at alok na pagpigil sa

pagsisiwalat na may kabayaran (art. 356); �

 Pagpigil sa paglalathala ng mga gawaing tinutukoy sa

panahon ng opisyal na proseso (art. 357); �

 Pagdadawit sa mga inosenteng tao (art. 363); �

 Mga pakana laban sa dangal (art. 364); �