Date post: | 28-Nov-2014 |
Category: |
Documents |
Upload: | jesselle-maminta |
View: | 604 times |
Download: | 3 times |
Katarungang PambarangayTitle III, Book I, Chapter VII
Local Government Code
Report by: Jesselle Infante Maminta
LLB 1-5
Lupong Tagapamayapa
composed of punong barangay, as
chairman, and 10-20 members
shall be constituted every three years
(Sec. 399[a])
Who can become a member of the
Lupon? (Sec. 399[b]) any person actually residing or working in
the barangay
not expressly disqualified by law
possessing integrity, impartiality,
independence of mind, sense of fairness,
and reputation for probity
Selection Process
a notice to constitute the Lupon shall be prepared by the punong barangay within 15 days from the start of his term of office
notice will include names of proposed members who have expressed their willingness to serve
shall be posted in three conspicuous places in the barangay continuously for not less than three weeks.
(Sec. 399[c])
Selection Process
the punong barangay shall appoint the
members within ten days thereafter,
taking in consideration any opposition or
recommendation for appointment made
within the posting period.
appointment shall be in writing, signed by
the punong barangay and attested to by
the barangay secretary.
(Sec. 399[d])
Selection Process
the list of appointed members shall be posted in three conspicuous places in the barangay for the entire duration of their term of office (Sec. 399[e])
in barangays where majority of inhabitants are members of indigenous cultural communities, local systems of settling disputes through their councils of datus or elders shall be recognized without prejudice to the applicable provisions of LGC (Sec. 399[f])
Oath and Term of Office (Sec. 400)
upon appointment, each member shall take an oath before the punong barangay
he shall hold office until a new Lupon is constituted three years after his appointment
unless sooner terminated by:
- resignation
- transfer of residence or place of work
- withdrawal of appointment by the punongbarangay with the concurrence of the majority of all the members of the Lupon
Vacancies (Sec. 401)
the punong barangay shall immediately
appoint a qualified person who shall hold
office only on the remaining portion of
the term
Functions of the Lupon (Sec. 402)
administrative supervision
monthly forum with the public to discuss
matters on improving the settlement and
resolution of disputes
other duties as prescribed by law or
ordinance
Secretary of the Lupon (Sec. 403)
barangay secretary shall act as secretary of Lupon
he shall document the results of mediation proceedings before the punongbarangay
submit a report to the proper city/municipal courts
receive and keep the records of proceedings submitted to him by various conciliation panels
Pangkat ng Tagapagkasundo
constituted for each dispute before the Lupon
consists of three members chosen by the parties from the list of Lupon members
if parties fail to agree on the Pangkatmembers, the punong barangay shall choose the members through draw lots (Sec. 404[a])
same procedure as Sec. 401 applies when vacancies arise in a Pangkat (Sec. 405)
Pangkat ng Tagapagkasundo
(Pangkat)Members of the Pangkat as appointed
among themselves (Sec. 404[b])
Chairman
Secretary
Member
Pangkat ng Tagapagkasundo
Duties of Pangkat secretary (Sec. 404[b])
prepare the minutes of the Pangkatproceedings
submit a copy of the minutes attested to by the chairman to the Lupon secretary and to the proper city/municipal court
issue and cause to be served notices to the parties concerned
issue certified true copies of any public record in his custody that is not declared by law as confidential
Character of Office and Service of
Lupon Members (Sec. 406) they are deemed as persons in authority,
as defined by the RPC
shall serve without compensation*
shall serve without prejudice to
incentives^
*as provided for by Sec. 93
^as provided for in this Section and in Book
IV
Character of Office and Service of
Lupon Members (Sec. 406) The DILG shall provide a system for granting
incentives to members who have shown exemplary performance in resolving cases refered to them
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.
Legal Advice on Matters Involving
Questions of Law (Sec. 407) a legal adviser (provincial/city/municipal
legal officer and provincial/city prosecutor)
shall render legal advice on matters
involving questions of law to the punong
barangay or any Lupon/Pangkat member
whenever necessary in the exercise of his
functions in the Katarungang Pambarangay
administration.
Subject Matter for Amicable
Settlement (Sec. 408) The Lupon has the authority to bring
together parties actually residing in the same city/municipality for amicable settlement of all disputes.
Exceptions
when one party is the government or any of its subdivision and instrumentality
when one party is a public officer/employee, and the dispute is in relation to the performance of his official functions
Subject Matter for Amicable
Settlement (Sec. 408)*Exceptions:
where offenses are punishable by imprisonment exceeding one year or a fine exceeding P5,000
offenses where there is no private offended party
when dispute involves real properties in different cities or municipalities unless the parties submit their differences to an amicable settlement by an appropriate Lupon
Subject Matter for Amicable
Settlement (Sec. 408)*Exceptions:
disputes where parties reside in barangays of different cities or municipalities, except when such barangays are adjacent to each other and the parties submit their differences to an amicable settlement by an appropriate Lupon
Such other classes of disputes which the President may determine in the interest of Justice or upon the recommendation of the Secretary of Justice.
Venue (Sec. 409)
Dispute Venue
Between persons from the
same barangay
Lupon of the same barangay
Between persons from
different barangays of the
same city
Lupon of respondent’s
barangay, at the election of
the complaint
Involving real property Lupon of barangay where
the property or the larger
part of it is situated
At the contending parties’
workplace or school
Lupon of barangay where
said workplace or school is
situated
Venue (Sec. 409)
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.
Procedure for Amicable Settlement
(Sec. 410)a. Initiation of Proceeding
any individual who has a cause of action
against another individual involving any
matter within the authority of the Lupon
oral or written, submitted to the Lupon
chairman
Procedure for Amicable Settlement
(Sec. 410)b. Meditation by Lupon chairman
Within the next working day:
summon the respondents
summon the complainants and their witnesses upon prior notice
mediate on their conflicting interests
if he fails in his mediation effort within 15 days from their first appearance:
set the date to form a Pangkat
Procedure for Amicable Settlement
(Sec. 410)c. Suspension of prescriptive period
upon filing the complaint with the punong
barangay, the prescriptive periods for
offenses and cause of action under
existing laws shall be suspended while the
dispute is under meditation, conciliation
and arbitration.
Procedure for Amicable Settlement
(Sec. 410)c. Suspension of prescriptive period
prescriptive period shall resume upon receipt of the complainant of:
Complaint
certificate of repudiation
certification to file action
provided: such interruption shall not exceed 60 days from the filing of the complaint with the punong barangay.
Procedure for Amicable Settlement
(Sec. 410)d. Issuance of summons; hearing; grounds
for disqualification
Pangkat shall convene not later than three
days from its constitution to hear both
parties and their witnesses, simplify issues
and explore all possibilities for amicable
settlement.
Pangkat may issue summons for personal
appearance of parties and witnesses
Procedure for Amicable Settlement
(Sec. 410)d. Issuance of summons; hearing; grounds for
disqualification
When a party moves to disqualify a Pangkatmember, the matter shall be resolved by the affirmative vote of the Pangkat
Reasons
Relationship
Bias
Interest
Any similar grounds
Procedure for Amicable Settlement
(Sec. 410)e. Period to arrive at a settlement
Pangkat shall arrive at a
settlement/resolution within 15 days from
its convention.
extendable for not more than 15 days,
except in clearly meritorious cases.
Form of Settlement (Sec. 411)
in writing
in a language or dialect known to the
parties
signed by the parties
attested by Lupon/Pangkat chairman
No filing of complaint, petition, action or
proceeding in court of matters within
Lupon's authority unless there have been
confrontation between parties in front of
Lupon/Pangkat chairman, and no
conciliation/settlement has been reached as
certified by Lupon/Pangkat secretary as
attested by Lupon/Pangkat chairman, or
unless the settlement has been repudiated
by parties. (Sec. 412[a])
When Parties May Go Directly to
Court (Sec. 412[b]) accused is under detention
a person has been deprived of personal liberty calling for habeas corpus proceedings
actions are coupled with provisional remedies (preliminary injunction, attachment, delivery of personal property, support pendente lite)
actions may be barred by the statute of limitations.
Customs and traditions of
indigenous cultural communities
shall be applied in settling disputes
between members of the cultural
communities. (Sec. 412[c])
Arbitration (Sec. 413)
At any stage of proceedings, parties may agree in writing that they shall abide by the arbitration award of the Luponchairman/Pangkat.
may be repudiated within five days for the same grounds and in accordance to prescribed procedure.
shall be made after the lapse of the period for repudiation and within ten days after.
shall be in writing, and in a language or dialect known to the parties.
All proceedings for settlement shall be
open to the public, except when, upon the
request of a party, the Lupon/Pangkat
chairman exclude the public from the
proceedings for the purpose of privacy,
decency or public morals. (Sec. 414)
Parties must appear in person without
counsel/representative, except for minors
and incompetents who may be assisted by
their next-of-kin who are not lawyers.
(Sec. 415)
The amicable settlement and arbitration award shall have the force and effect of a final judgment of a court upon the expiration of ten days from the date thereof, unless repudiation has been made or a petition to nullify the award has been filed before the proper city or municipal court. (Sec. 416)
* shall not be applicable to court cases settled by the Lupon under the last paragraph of Sec. 408. Here, the compromise or the Pangkat chairman shall be submitted to the court and have the force and effect of a judgment of said court upon approval
Amicable settlement/arbitration
award may be enforced by
execution by the Lupon within six
months from date of settlement.
Upon lapse of such time, the
settlement may be enforced by
action in the City/Municipal court
(Sec. 417)
Repudiation (Sec. 418)
any party may repudiate the settlement
within ten days from settlement date
file a statement to the repudiation with
the Lupon chairman sworn before him
grounds: when consent is vitiated by
fraud, violence or intimidation
repudiation shall be sufficient basis for the
issuance of the certification to file a
complaint to court
Lupon secretary shall transmit the
settlement/arbitration award to the
City/Municipal court within five days from
the awarding or from the lapse of ten-day
repudiating period, and shall furnish copies
thereof to the settlement parties and the
Lupon chairman. (Sec. 419)
Punong barangay (as head of Lupon) and
members of the Pangkat are authorized to
administer oaths with any matter relating to
al proceedings in the implementation of the
Katarungang Pambarangay. (Sec. 420)
City/municipal mayor shall supervise the
implementation and administration of
Katarungang Pambarangay. Secretary of
Justice shall promulgate the rules and
regulations necessary to implement the
Chapter. (Sec. 421)
Appropriations for the implementation of
the Katarungang Pambarangay shall be
provided for by the city/municipality's
annual budget. (Sec. 422)
Kamsahamnida...
(Thank You!)