chapter vii katarungang pambarangay
Post on 14-Apr-2018
221 Views
Preview:
TRANSCRIPT
-
7/27/2019 CHAPTER VII Katarungang Pambarangay
1/4
CHAPTER VII Katarungang Pambarangay
Section 399. Lupong Tagapamayapa. -
Lupon Tagapamayapa aka Lupono Composition
Punong Barangay aschairman
Members10 to 20o Constitution of Luponevery 3 years
Member of Lupono any person actually residing or
working, in the barangay, not otherwise expressly
disqualified by law,
o possessing integrity, impartiality,independence of mind, sense offairness, and reputation for probity
Notice to constitute the Lupono prepared by the punong barangay
within the first 15 days from start of
term of officeo includes the names of proposed
members who expressed willingness toserve
o posted in 3 conspicuous places in theBrgy continuously for a period of notless than 3 weeks
Appointment of Members by Punong Barangayo 10 days after period of posting, appoint
as members those he determines to besuitable
in writing signed by Punong Barangay attested to by Barangay
Secretary
o must take into consideration anyopposition or recommendations forappointment made within the period of
posting
Posting of list of appointed memberso posted in 3 conspicuous places for the
brgy
o for entire duration of their term ofoffice
Barangays where majority of inhabitants aremembers of the indigenous culturalcommunicates
o local systems of settling disputes thrucouncils of datus or elders will be
recognized without prejudice to theapplicable provisions of this Code
Section 400. Oath and Term of Office.
oath of office before punong barangay uponappointment
holds office until a new lupon is constituted on3rd yr following appointment
unless sooner terminated byo resignationo transfer of residence or place of work
o withdrawal of appointment by punongbarangay with concurrence of majoirytof all members
Section 401. Vacancies.
vacancy in lupon for any cause Punon barangay shall immediately appoint a
qualified person holds office only for the unexpired portion of the
ter
Section 402. Functions of the Lupon.
Exercise administrative supervision over theconciliation panels provided herein;
Meet regularly once a montho to provide a forum for exchange of
ideas among its members and public onmatters relevant to the amicablesettlement of disputes,
o to enable various conciliation panelmembers to share with one anothertheir observations and experiences in
effecting speedy resolution of disputes; Exercise other powers and perform such other
duties and functions as may be prescribed by lawor ordinance.
Section 403. Secretary of the Lupon.
barangay secretary shall concurrently serve as thesecretary of the lupon
record the results of mediation proceedingsbefore the punong barangay
submit a report to the proper city or municipalcourts
receive and keep records of proceedingssubmitted to him by the various conciliation
panels.
Section 404. Pangkat ng Tagapagkasundo. -
pangkat ng tagapagkasundo aka pangkato constituted for each dispute brought
before the lupon
o conciliation panelo 3 members chosen by parties to dispute
from list of members of lupon failure to agree on pangkat
membership, determined bylots drawn by the luponchairman
chairman of lupon - elected from amongthemselves - from the 3 members constituting the
pangkat
secretary- also elected from among themselveso prepare the minutes of the pangkat
proceedings
o submit a copy duly attested to by thechairman to
lupon secretaryissuecertified true copies of any
public record in his custody
-
7/27/2019 CHAPTER VII Katarungang Pambarangay
2/4
CHAPTER VII Katarungang Pambarangay
that is not by law madeconfidential
proper city or municipalcourt.
o issue and cause to be served notices tothe parties concerned.
Section 405. Vacancies in the Pangkat. chosen by the parties to dispute from among
other lupon members.
parties fail to agree on a common choice, filledby lot to be drawn by lupon chairman.
Section 406. Character of Office and Service of LuponMembers. -
Lupon members, while in performance of officialduties or on occasion thereof deemed as
persons in authority, as defined in the RevisedPenal Code.
lupon or pangkat members shall serve withoutcompensation,
o except as provided for in Section 393o without prejudice to incentives as
provided for in this Section and in
Book IV of this Code. Department of the Interior
and Local Government shallprovide for a system of
granting economic or otherincentives to the lupon or
pangkat members whoadequately demonstrate the
ability to judiciously andexpeditiously resolve casesreferred to them.
Lupon or pangkat memebers are deemed to be onofficial time while in performance of their duties
o whether in public or privateemployment
o shall not suffer from any diminution incompensation or allowance from said
employment by reason thereof.
Section 407. Legal Advice on Matters Involving Questionsof Law.
provincial, city legal officer or prosecutor ormunicipal legal officer
render legal advice to the punong barangay orany lupon or pangkat member
on matters involving questions of lawo whenever necessary in the exercise of
his functions in the administration ofthe katarungang pambarangay.
Section 408. Subject Matter for Amicable Settlement;Exception Thereto.
amicable settlement of all disputeso authority vested in lupon of each
barangay
o bring together parties actually residingin same city or municipality for
except: (cannot amicably settle)o Where one party isgovernment, or any
subdivision or instrumentality thereof;
o Where one party is apublic officer oremployee, and the dispute relates to the
performance of his official functions;o Offenses punishable by imprisonment
exceeding one (1) year or a fineexceeding Five thousand pesos(P5,000.00);
o Offenses where there is no privateoffended party;
o Where the dispute involves realproperties located in different cities ormunicipalities
unless parties agree to submitdifferences to amicablesettlement by appropriatelupon;
o Disputes involving parties who actuallyreside in barangays of different citiesor municipalities,
except where such barangayunits adjoin each other and
parties agree to submit theirto amicable settlement by an
appropriate lupon;o Such other classes of disputes which
thePresidentmay determine in theinterest of Justice or upon therecommendation of the Secretary ofJustice.
any time before trial, the court may motu propriorefer the case to the lupon concerned for amicable
settlemento court in which non-criminal cases not
falling within authority of Lupon
Section 409. Venue. -
Amicable settlement Venue
Disputes between personsactually residing in same
barangay
lupon of said barangay
Those involving actual
residents of differentbarangays within the samecity or municipality
in the barangay where
respondent or any of therespondents actuallyresides, at the election ofthe complaint
All disputes involving realproperty or any interesttherein
barangay where the realproperty or the largerportion thereof is situated
arising at the workplacewhere the contending
parties are employed or atthe institution where such
parties are enrolled for study
barangay where suchworkplace or institution is
located
Objections to venueo raised in mediation proceedings before
punong barangay;
-
7/27/2019 CHAPTER VII Katarungang Pambarangay
3/4
CHAPTER VII Katarungang Pambarangay
o otherwise, deemed waived. Any legal question which may confront the
punong barangay in resolving objections to venueo submitted to the Secretary of Justice, or
his duly designated representative,
o ruling shall be binding.Section 410. Procedure for Amicable Settlement. -
Who may initiate proceedingo any individual with cause of action
against another involving any matterwithin the authority of lupon
upon payment of appropriatefiling fee
o complaint may be oral or in writingo addressed to the lupon chairman of the
barangay
Mediation by Lupon Chairmano summon the respondents with notice to
complainant for them and witnesses toappear before him for mediation ofconflicting interests
next working day fromreceipt of complaint
o failure to mediate within 15 days from1st meeting of parties, he must set a datefor constitution of pangkat
Suspension of prescriptive period of offenseso filing the complaint with the punong
barangay interrupts prescriptive periodsfor offenses and cause of action whilethe dispute is under mediation,conciliation, or arbitration
however, prescriptive periodsshall resume upon issuance
by the Lupon or Pangkatsecretary and receipt of
complainant ofcomplaint
certificate ofrepudiation
certification to fileaction
o interruption shall not exceed 60 daysfrom filing of complaint with punong
barangay
Issuance of summons; hearing; grounds fordisqualification
o pangkat shall convene 3 days fromconstitution
date and hour set by luponchairman
o pangkats job hear both parties and their
witnesses simplify issues, explore all possibilities for
amicable settlement.o may issue summons for the personal
appearance of parties
o if a party moves to disqualify anymember of the pangkat
by reason of relationship, bias, interest, or any other similar
grounds discoveredafter the
constitution of thepangkat,
matter shall be resolved bythe affirmative vote of themajority of the pangkatwhose decision shall be final
o Period to arrive at a settlement within (15) days from the day
it convenes i at the discretion of the
pangkat, extendible foranother period not exceeding(15) days
except in clearlymeritorious cases.
Section 411. Form of settlement.
in writing, in a language or dialect known to the parties
o if they do not use the same language ordialect, settlement shall be written in
language known to them
signed by them, attested to by the lupon chairman or the pangkat
chairman,
Section 412. Conciliation. -
Pre-condition to Filing of Complaint in Court.o No complaint, petition, action, orproceeding involving any matter within
the authority of the lupon shall be filedor instituted directly in court or any
other government office foradjudication,
o unless confrontation between the
parties before the luponchairman or the pangkat
conciliation or settlement hasbeen reached as certified bythe lupon secretary or
pangkat secretary as attestedto by the lupon or pangkat
chairman settlement has been
repudiated by the partiesthereto.
Where Parties May Go Directly to Court.o Where the accused is under detentiono Where a person has otherwise been
deprived of personal liberty calling for
habeas corpus proceedings;
-
7/27/2019 CHAPTER VII Katarungang Pambarangay
4/4
CHAPTER VII Katarungang Pambarangay
o Where actions are coupled withprovisional remedies such aspreliminary injunction, attachment,
delivery of personal property andsupport pendente lite; and
o Where the action may otherwise bebarred by the statute of limitations.
Conciliation among members of indigenouscultural communities.o customs and traditions of indigenous
cultural communities shall be applied indisputes between members of thecultural communities.
Section 413. Arbitration. -
agreement to arbitrateo agree in writing that they abide by the
arbitration award of the Luponchairman or pangkat
o may be repudiated within 5 days fromdate
o arbitration reward shall be made afterlapse of period for repudation andwithin 10 days after
in writing in a language or dialect known to theparties.
award shall be written in the language or dialectknown to them.
Section 414. Proceedings Open to the Public; Exception.
proceedings for settlement shall be public andinformal
exception: exclusion of public from proceedingso lupon chairman or the pangkat
chairman, motu proprio or upon requestof a party,
oin the interest of privacy, decency, orpublic morals.
Section 415. Appearance of Parties in Person.
parties must appear in person without the assistance of counsel or
representative
o except minors, and incompetents- maybe assisted by their next of kin who arenot lawyers
Section 416. Effect of Amicable Settlement and Arbitration
Award.
force and effect of a final judgment of a courtupon expiration of (10) days
o unless repudiation of the settlement hasbeen made oro a petition to nullify the award has been
filed before the proper city or
municipal court.
provisions shall not apply to court cases settledby lupon by court orders, which are not withinjurisdiction of the lupon
Section 417. Execution of amicable settlement orarbitration award
enforced by execution by the lupon within (6)months from the date of the settlement.
After the lapse of such time, settlement may beenforced by action in appropriate city ormunicipal court.
Section 418. Repudiation.
repudiation may be made within 10 days fromsettlement
by Any party to the dispute file with the lupon chairman a statement to that
effect sworn to before him,
o consent is vitiated by fraud, violence,or intimidation.
sufficient basis for the issuance of thecertification for filing a complaint as hereinabove
provided.
Section 419. Transmittal of Settlement and Arbitration. -
Award to the Court.
The secretary of the lupon shall transmitsettlement or the arbitration award to theappropriate city or municipal court
within (5) days from the date of the award orfrom the lapse of the ten-day period repudiatingthe settlement
furnish copies thereof to each of the parties to thesettlement and the lupon chairman.
Section 420. Power to Administer Oaths.
punong barangay, as chairman of the lupongtagapamayapa, and members of the pangkat
authorized to administer oathso in connection with any matter relatingto all proceedings in the
implementation of the katarungang
pambarangay.
Section 421. Administration; Rules and Regulations.
city or municipal shall see to the efficient andeffective implementation and administration ofthe katarungang pambarangay.
Secretary of Justice shall promulgate the rulesand regulations necessary to implement thisChapter.
Section 422. Appropriations
Such amount as may be necessary for effectiveimplementation of the katarungang pambarangayshall be provided for in annual budget of the cityor municipality concerned.
top related