CHAPTER IV – BARANGAY LEGISLATION 40 APPROVAL OF ORDINANCES (Section 54, LGC of 1991) (a) Every ordinance enacted by the Sangguniang Panlalawigan, Sangguniang Panlungsod, or Sangguniang bayan shall be presented to the provincial governor or city or municipal mayor, as the case may be. If the local chief executive concerned approves the same, he shall affix his signature on each and every page thereof; otherwise, he shall veto it and return the same with his objections to the Sanggunian, which may proceed to reconsider the same. The Sanggunian concerned may override the veto of the local chief executive by two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution effective for all legal intents and purposes. (b) The veto shall be communicated by the local chief executive concerned to the Sanggunian within fifteen (15) days in the case of a province, and ten (10) days in the case of a city or a municipality; otherwise, the ordinance shall be deemed approved as if he had signed it. (c) Ordinances enacted by the Sangguniang Barangay shall, upon approval by the majority of all its members, be signed by the Punong Barangay. REVIEW OF BARANGAY ORDINANCES BY THE SANGGUNIANG PANLUNGSOD OR SANGGUNIANG BAYAN (Section 57, LGC of 1991) (a) Within ten (10) days after its enactment, the Sangguniang Barangay shall furnish copies of all Barangay ordinances to the Sangguniang Panlungsod or Sangguniang bayan concerned for review as to whether the ordinance is consistent with law and city or municipal ordinances. (b) If the Sangguniang Panlungsod or Sangguniang bayan, as the case may be, fails to take action on Barangay ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved. (c) If the Sangguniang Panlungsod or Sangguniang bayan, as the case may be, finds the Barangay ordinances inconsistent with law or city or municipal ordinances, the Sanggunian concerned shall, within thirty (30) days from receipt thereof, return the same with its comments and recommendations to the Sangguniang Barangay concerned for adjustment, amendment, or modification; in which case, the effectivity of the Barangay ordinance is suspended until such time as the revision called for is affected. Any attempt to enforce any ordinance or any resolution approving the local development plan and public investment program, after the disapproval thereof, shall be sufficient ground for the suspension or dismissal of the official or employee concerned.
CHAPTER IV – BARANGAY LEGISLATION 41 EFFECTIVITY OF ORDINANCES OR RESOLUTIONS (Section 59, LGC of 1991) (a) Unless otherwise stated in the ordinance or the resolution approving the local development plan and public investment program, the same shall take effect after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the provincial capitol or city, municipal, or Barangay Hall, as the case may be, and in at least two (2) other conspicuous places in the local government unit concerned. (b) The secretary to the Sanggunian concerned shall cause the posting of an ordinance or resolution in the bulletin board at the entrance of the provincial capitol and the city, municipal, or Barangay Hall in at least two (2) conspicuous places in the local government unit concerned not later than five (5) days after approval thereof. The text of the ordinance or resolution shall be disseminated and posted in Filipino or English and in the language or dialect understood by the majority of the people in the local government unit concerned, and the secretary to the Sanggunian shall record such fact in a book kept for the purpose, stating the dates of approval and posting. (c) The gist of all ordinances with penal sanctions shall be published in a newspaper of general circulation within the province where the local legislative body concerned belongs. In the absence of any newspaper of general circulation within the province, posting of such ordinances shall be made in all municipalities and cities of the province where the Sanggunian of origin is situated. (d) In the case of highly urbanized cities, the main features of the ordinance or resolution duly enacted or adopted shall, in addition to being posted, be published once in a local newspaper of general circulation within the city: Provided, that in the absence thereof the ordinance or resolution shall be published in any newspaper of general circulation. What if the ordinance states that it shall take effect immediately? The ordinance shall take effect immediately after posting. The 10-day period after posting is dispensed with but not the posting requirement being mandated by due process.
CHAPTER IV – BARANGAY LEGISLATION 42 What if the ordinance states that it shall take effect upon approval? The phrase “unless otherwise stated in the ordinance” is referred to the date of effectivity and not the posting requirement itself which cannot in any event be dispensed with. This phrase does not mean that the sanggunian may make the ordinance effective immediately upon approval, or on any other date without its previous positng. Posting is an indispensable requirement but the sanggunian may in its discretion provide that the usual ten (10) day period shall be shortened or extended. DISTINCTION BETWEEN EFFECTIVITY AND VALIDITY OF A BARANGAY ORDINANCE/RESOLUTION DILG Opinion No. 30 s. 2005 May 09, 2005 May we emphasize at the outset that “effectivity” is not the same with “validity”. They are two (2) different things. Effectivity – is the time by which an ordinance or a resolution is made effective and can be implemented and given full force and effect. Effectivity is governed by Section 59 (a) of the Local Government Code of 1991. “Section 59. Effectivity of Ordinances or Resolutions. (a) Unless otherwise stated in the ordinance or the resolution approving the local development plan and public investment program, the same shall take effect after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the provincial capitol or city, municipal, or barangay hall, as the case may be, and in at least two (2) other conspicuous places in the local government unit concerned.” Based on Section 59 (a) of the LGC, an ordinance of a local government unit becomes effective as of the date the framers of such ordinance would like it to be effective and in the absence of such effectivity clause, the same shall take effect after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the barangay hall and in at
CHAPTER IV – BARANGAY LEGISLATION 43 least two (2) other conspicuous place in the local government unit concerned. Validity – refers to the substantive requirement of an ordinance, whether the same is consistent with the Constitution and laws. SECTION 57. Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan. – (a) Within ten (10) days after its enactment, the sangguniang barangay shall furnish copies of all barangay ordinances to the sangguniang panlungsod or sangguniang bayan concerned for review as to whether the ordinance is consistent with law and city or municipal ordinances. (b) If the sangguniang panlungsod or sangguniang bayan, as the case may be, fails to take action on barangay ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved. (c) If the sangguniang panlungsod or sangguniang bayan, as the case may be, finds the barangay ordinances inconsistent with law or city or municipal ordinances, the sanggunian concerned shall, within thirty (30) days from receipt thereof, return the same with its comments and recommendations to the sangguniang barangay concerned for adjustment, amendment, or modification; in which case, the effectivity of the barangay ordinance is suspended until such time as the revision called for is effected. Accordingly, pending review by the Sangguniang Panlungsod or Bayan, a barangay ordinance can already be implemented and given force and effect as of the date the enacting legislative body would want it to be effective in accordance with the effectivity clause of the ordinance. The department had consistently opined that in interpreting Section 57 (b) of the LGC, the phrase “take action” should be construed as either approval or disapproval of the ordinance and not just any other action of the reviewing sanggunian, such as referral to a committee.
CHAPTER XII – KATIPUNAN NG KABATAAN AND SANGGUNIANG KABATAAN OFFICIALS 172 The templates and forms can be accessed through the link: https://tinyurl.com/BGHandbook-Templates or you may scan the QR code below:
47 CHAPTER V – BARANGAY ASSEMBLY Sec 397 – Composition: Meetings ● Actual residents of the barangay for at least 6 months ● 15 years of age or over ● Citizens of the Philippines ● Registered in the list of barangay assembly members Mandatory Meetings ● At least twice a year (every March and October) Note: In accordance with Presidential Proclamation No. 599 s. 2018, all barangays are enjoined to conduct their mandatory barangay assemblies for each semester on any Saturday or Sunday of the months of March and October. ● May be called by: o The Punong Barangay, or o At least 4 members of the Sangguniang Barangay, or o Upon petition of at least 5% of the assembly members ● Written notice to be sent at least one week before the meeting is held: Exception: when matters involving public safety or security are the main agenda in which case, notice for a shorter period is allowed. ● Punong Barangay presides the Assembly meeting o In his absence: ▪ Acting Punong Barangay, or ▪ Any assembly member selected during the meeting Sec 398 - Powers of the Barangay Assembly The barangay assembly shall: ● Initiate legislative processes by recommending to the sangguniang barangay the adoption of measures for the welfare of the barangay and the city or municipality concerned;
48 CHAPTER V – BARANGAY ASSEMBLY ● Decide on the adoption of initiative as a legal process whereby the registered voters of the barangay may directly propose, enact, or amend any ordinance; and ● Hear and pass upon the semestral report of the sangguniang barangay concerning its activities and finances. Punong Barangay or the authorized barangay official shall deliver the State of Barangay Address (SOBA), with the following highlights, among others: a. Semestral Accomplishment Report; b. Financial Report; c. Ongoing Projects; d. Plans, Programs, and Projects; e. Status of SK Funds/Available SK Funds; f. Newly-Enacted Ordinances/Resolutions; g. Developmental Issues and Concerns and Actions Taken by the Barangay; and h. Other relevant topics during the conduct of the Barangay Assembly.
CHAPTER VI – BARANGAY-BASED INSTITUTIONS 51 A. BARANGAY DEVELOPMENT COUNCIL Section 106 (a), LGC of 1991. Each local government unit shall have a comprehensive multi-sectoral development plan to be initiated by its development council and approved by its Sanggunian. Sec. 109b of LG Code of 1991. The Barangay Development Council (BDC) serves as the planning and coordinative arm in the barangays whose functions are mobilization of people’s participation in local development efforts; preparation of barangay development plans compliant with the local requirements; monitoring and evaluation of implementation of national or local PPAs; and perform such other functions as may be provided by the law. Compositions of Barangay Development Council (Section 107, LGC of 1991) Chairperson: Punong Barangay Members: All Sanggunian Members Representatives of non-government organizations in the barangay, who shall constitute not less than ¼ of the members of the fully organized council A representative of the congressman BDC Executive Committee On the other hand, the Executive Committee of the BDC, as the decision-making body of the council, is mandated to act on matters requiring immediate attention or action and formulate policies, plans and programs based on the general principles approved by the council. Composition of BDC Execom: Chairperson: Punong Barangay Members : Sangguniang Barangay Member Representative of member NGOs DA DILG Joint Memorandum Circular No. 01, s. 2016 The Local Agricultural and Fishery Council (AFC) Chairperson or representative must be included as a regular member and consultative arm of the Local Development Council (LDC).
CHAPTER VI – BARANGAY-BASED INSTITUTIONS 52 Barangay Disaster Risk-Reduction and Management Committee (BDRRMC) Section 5.7, NDRRMC-DILG-DBM-CSC JMC 2014-01 The BDRRMC shall be a regular committee of the existing Barangay Development Council (BDC) and shall be subject thereto. The punong barangay shall facilitate and ensure the participation of at least lwo (2) CSO representatives from existing and active community-based people's organizations representing the most vulnerable and marginalized groups in the barangay. The members of the BDRRMC shall be organized to include community representatives and be responsible for: (1) administration and training; (2) research and planning; and (3) operations and warning. BDC Secretariat Each local development council shall create a secretariat, which shall be headed by the barangay secretary who shall be assisted by the city or municipal planning and development coordinator concerned. The BDC Secretariat shall have the following functions: 1. Provide technical support to the BDC; 2. Document of the Council’s proceedings; 3. Prepare of the Council’s reports; and 4. Other assistance as may be required in the discharge of its functions.
CHAPTER VI – BARANGAY-BASED INSTITUTIONS 53 BDC Sectoral Technical Working Group Suggested Sectoral Planning Group a. Sectoral Committee on Social Development b. Sectoral Committee on Economic Development Group Leader: SB Member (Chairperson on Committee on Health and Social Welfare) Members: SB Member (Chairperson on Women and Family) SB Member (Chairperson on Education and Culture) SB Member (Chairperson on Peace and Order) SK Chairperson SK Members (counterparts) IP Representatives BHW Day Care Worker BNS Chief Tanod BHRAO School Principal or representative BCPC Rep (CSO) BPOC Rep (CSO) BADAC Rep (CSO) Representatives of CSOs/NGOs (women’s, children’s, youth organization) Group Leader: SB Member (Chairperson on Appropriations Committee) Members: SB Member (Chairperson on Cooperatives) SB Member (Chairperson on Agriculture) SB Member (Chairperson on Livelihood) Barangay Treasurer SK Members (counterpart) Business owner establishment representatives President of Cooperatives BFAMRC Rep (CSO) Representatives of CSOs/NGOs (women’s, farmer’s, fisherfolk, labor groups, BMBEs, SMEs, TODA, JODA)
CHAPTER VI – BARANGAY-BASED INSTITUTIONS 54 c. Sectoral Committee on Environmental Development d. Sectoral Committee on Infrastructure Development e. Sectoral Committee on Institutional Development Group Leader: SB Member (Chairperson on Environmental Management Committee) Members: SK Member (counterpart) Barangay Environmental Officer Team leader of disaster volunteer groups Bantay Dagat Barangay Tanod BDRRMC Rep (CSO) BESWMC Rep (CSO) Group Leader: SB Member (Chairperson on Public Works and Infrastructure Development) Members: SK Member (counterpart) Engineer (resident in the barangay) HOA President or any neighborhood organizations Representatives of CSOs/NGOs Group Leader: Punong Barangay Members: SB Member (Chairperson on Committee on Rules) Barangay Administrator Barangay Secretary Barangay Treasurer Lupong Tagapamayapa SK Chairperson Representatives of CSOs/NGOs (good governance advocates) Representatives from other sectoral committees
CHAPTER VI – BARANGAY-BASED INSTITUTIONS 55 The barangay shall invite as many CSOs/NGOs as possible to be members of the committees including the community volunteers under KALAHI-CIDSS Also, the barangay officials shall orient the members of the organized BDC, BDC ExeCom, and TWG/Sectoral Functional Committees on their duties and functions. B. BARANGAY ANTI-DRUG ABUSE COUNCIL (BADAC, DILG-DDB JMC No. 2018-01) The use of illegal drugs is a serious threat to our health, well-being, and national security. The State has acknowledged its proliferation as a primary hindrance to the development of the community. It is imperative that the DILG and the Dangerous Drugs Board (DDB) accelerate and cascade the campaign against illegal drugs. Local Anti-Abuse Councils (ADACs) have a critical role in the coordination and proper monitoring of drug-related incidents. This entails cohesion of policies for the inter-local government roles which can provide an enabling environment for functional and effective ADACs. BADAC Composition Chairperson: Punong Barangay Vice Chairperson: Sangguniang Barangay Member (Chairperson of Peace and Order) Members: Sangguniang Barangay Member (Chairperson of Women and Family) SK Chairperson Public School Principal or Representative Executive Officer/ Chief Tanod At least two (2) representatives of NGOs/CSOs Representative of Faith-Based Organization Adviser: City/Municipal Chief of Police or Representative
CHAPTER VI – BARANGAY-BASED INSTITUTIONS 56 BADAC Committees a. Committee on Operations Chairperson : SB Member (Chairperson on Peace and Order) Members : Executive Officer/Chief Tanod BADAC Auxiliary Team (Ideally 25 members per 2000 barangay population) b. Committee on Advocacy Chairperson : SB Member (Chairperson on Women and Family) Member : SK Chairperson Public School Principal or Representative Representative of an NGO/CSO Representative of Faith-Based Organization C. BARANGAY PEACE AND ORDER COMMITTEE (BPOC, EO 366 s. 1996 | DILG MC NO. 2020-047) The Barangay Peace and Order Committee (BPOC), as the primary body in implementing peace and order and public safety in the barangays, are responsible in formulating the Barangay Peace and Order and Public Safety Plan (BPOPSP) aligned in the BDP, monitoring and ensuring the proper implementation of POPS PPAs, monitoring and reporting of suspicious illegal activities and personalities involved within their jurisdiction, maintaining close coordination and rapport with the higher-level POCs and law enforcement units, providing reports and periodic assessment of the prevailing peace and order situation in the barangay and submit it to the higher level POCs and submit annual BPOC functionality report pursuant to DILG MC No. 2015-130.
CHAPTER VI – BARANGAY-BASED INSTITUTIONS 57 BPOC Composition Chairperson : Punong Barangay Members : SK Chairperson A member of the Lupong Tagapamayapa to be designated by the Punong Barangay A public-school teacher to be designated by the School Principal or School Head Teacher A PNP Officer to be designated by the Chief of Police of the corresponding city/municipality A representative from an inter-faith group A senior citizen A barangay tanod preferably chief tanod or ex officio At least three (3) members, duly endorsed by an organized neighborhood association, from existing barangay based anti-crime groups, neighborhood watch group or NGOs well known in the community D. BARANGAY COUNCIL FOR THE PROTECTION OF CHILDREN (BCPC, DILG MC 2021-039) Article 359 and 360 of the Civil Code of the Philippines provides that “the government shall establish Councils for the Protection of Children”. Likewise, Article 87 of Presidential Decree (PD) 603 states that, “every barangay council shall encourage the organization of a Local Council for the Protection of Children (LCPC) and shall coordinate with the Council for the Welfare of Children (CWC) in drawing and implementing plans for the promotion of child and youth welfare”. Also, Section 15, Republic Act 9344. Local Councils for the Protection of Children (LCPC) shall be established in all levels of local government, and where they have already been established, they shall be strengthened within one (1) year from the effectivity of this Act. One percent (1%) of the internal revenue allotment of barangays shall be allocated for the strengthening and implementation of the programs of the LCPC: Provided, That the disbursement of the fund shall be made by the LGU concerned.
CHAPTER VI – BARANGAY-BASED INSTITUTIONS 58 BCPC Composition Chairperson : Punong Barangay Vice Chairperson : Barangay Kagawad (Chairperson on women & family) Members : Barangay Violence Against Women (VAW) Desk Officer Barangay Day Care/Child Development Worker Barangay Midwife Barangay Health Worker Barangay Nutrition Scholar Chief Tanod SK Chairperson Child Representative DepEd Principal/ Teacher-in-Charge or the Child Protection Committee (CPC) Coordinator Parent Representative Others (may include representative from CSO partners or Council of Elders for barangays with IPs Notes: ● The child representative a. Must be between 10-15 years old; b. Must be an active participant of the community; c. Must be an active member of an accredited/recognized organization in the barangay, school, or faith-based group; d. Must be able to articulate children’s issues and concerns; e. Must have at least a residency of one (1) year in the barangay; f. Must have good leadership skills; and g. Must have balanced views on gender, religion and ethnicity, and disabilities ● The parent representative may come from an LGU-recognized parents’ organization or organized 4Ps community/barangay-level parent leaders. He/She should be the head or hold a position of influence within the organization.
CHAPTER VI – BARANGAY-BASED INSTITUTIONS 59 E. BARANGAY ECOLOGICAL SOLID WASTE MANAGEMENT COMMITTEE (BESWMC, DILG MC No. 2018-112) The Barangay Ecological Solid Waste Management Council (BESWMC) is mandated to formulate a community solid waste management program including segregation and collection of solid waste specifically for biodegradable, compostable and reusable wastes, and establishment of Materials Recovery Facility (MRF) within the barangay. The council is also responsible in integrating the Ecological Solid Waste Management Program and its allocation in the BDP and AIP, conduct trainings for barangay residents on segregation, composting, recycling and other livelihood opportunities through recyclable waste and submit a monthly progress report to the C/MESWMC, copy furnished the DILG City/Municipal Office. Chairperson: Punong Barangay Members : Sangguniang Barangay Member (Chairperson on environmental protection and/or health and sanitation) SK Chairperson President of Homeowners Association Public/Private School Principal or Representatives President or Representative of Parent and Teachers Association Religious Organization Representative Business Community Representative NGO Representative (environment related) President of Market Vendors Association and One (1) Representative from Junk Shop owners’ association F. BARANGAY HEALTH EMERGENCY RESPONSE TEAM (BHERT) (BHERT, DILG MC No. 2003-95) Primarily formed in the year 2003 to contain, prevent, and control Severe Acute Respiratory Syndrome (SARS) outbreak at the barangay level, the Barangay Health Emergency Response Team (BHERT) now functions as the frontline initiative of the barangays in addressing health and safety concerns in the community. Chairperson: Executive Officer (appointed by the Punong Barangay) Members : One (1) Barangay Tanod Two (2) Barangay Health Workers, one of whom is preferably a nurse or midwife
CHAPTER VI – BARANGAY-BASED INSTITUTIONS 60 G. BARANGAY NUTRITION COMMITTEE (BNC) (BNC, DILG MC No. 1989-47) Chairperson: Punong Barangay Members : Other SB members Barangay Secretary Barangay Treasurer Rural Health Midwife Barangay Nutrition Scholars NGO Representative School Principal Agriculture Technicians Other nutrition-stakeholders in the barangay or as maybe identified by the chair H. BARANGAY FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCIL (BFARMC) AND LAKEWIDE FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCILS (LFARMC) (Secs. 14-16, DA Fisheries Administrative Order No. 196 s. 2000) As necessary, the BFARMC/LFARMC functions to assist in the preparation of the barangay/municipal development plan, recommend enactment of municipal fishery ordinances, assist in the enforcement of fishery laws, rules, and regulations, and advise the sangguniang barangay/bayan on fishery matters through its Committee on Fisheries. The BFARMC/LFARMC is composed of the following members: 1. Sangguniang Barangay Member (Chairperson on Agriculture and Fisheries) 2. Representative from the Barangay Development Council 3. Representative from an accredited non-government organization (related to agriculture/fisheries) 4. Representative from the private sector 5. At least eight (8) representatives of the fisherfolk/fishworkers including the youth and women sectors
CHAPTER VI – BARANGAY-BASED INSTITUTIONS 61 I. BARANGAY AGRARIAN REFORM COMMITTEE (BARC) (Sec. 19, Executive Order No. 229 s. 1987 | Sec. 47, Republic Act No. 6657) The Barangay Agrarian Reform Committee is mandated to support the implementation of agrarian reform programs, to mediate, conciliate or arbitrate agrarian conflicts and issues, and to perform other functions delegated by the Presidential Agrarian Reform Council (PARC) or the Department of Agrarian Reform Secretary. The BARC is composed of the following members: 1. Representative/s of farmer and farm worker beneficiaries 2. Representative/s of farmer and farm worker non-beneficiaries 3. Representative/s of agricultural cooperatives 4. Representative/s of other farmer organizations 5. Representative/s of the Barangay Council 6. Representative/s of non-government organizations (NGOs) 7. Representative/s of landowners 8. DA official assigned to the barangay 9. DENR official assigned to the area 10.DAR Agrarian Reform Technologist assigned to the area who shall act as the Secretary 11.Representative of the Land Bank of the Philippines J. CIVIL SOCIETY ORGANIZATION ACCREDITATION DILG Memorandum Circular No. 2022-83: Accreditation of Civil Society Organizations and Selection of Representatives to the Local Special Bodies The CSO Accreditation Process The Accreditation of CSOs is a continuous process wherein a CSO may apply and obtain accreditation at any time. The only legal effect of not applying for accreditation within the period prescribed by law, is that such organization is not entitled for a representation in a local special body. The prescribed timeline is shown hereunder:
CHAPTER VI – BARANGAY-BASED INSTITUTIONS 62 Inventory and Directory of CSOs JULY Call for Accreditation and Accreditation Proper AUGUST Selection of Representatives to LSBs SEPTEMBER
CHAPTER VI – BARANGAY-BASED INSTITUTIONS 63 Criteria for Accreditation The Sanggunian shall evaluate all applications for accreditation on the basis of the following criteria: • Registration/Accreditation with any government entity empowered by law to register such organizations; • Organization purposes and objectives; • Project development and implementation track record in the city or municipality for at least one (1) year; and • Reliability as evidenced by the preparation of annual reports and conduct of annual meetings. Revocation of Accreditation/Recognition In the same way, the Sanggunian may revoke the accreditation or recognition of an organization at any point due to, but not limited to, any of the following grounds: 1. Violation of any existing accounting and auditing laws, rules and regulations 2. Unauthorized use of the name and/or logo of the LGU or any NGA 3. Conduct of activities without adherence to local laws 4. Engaging primarily in, or using the organization primarily for, partisan political activities You can find relevant templates thru the link or QR Code below: CL Barangay Governance Handbook s 2023 Chapter 6: Barangay-Based Institutions Link: https://tinyurl.com/BGH-C6-BBI
CHAPTER XII – KATIPUNAN NG KABATAAN AND SANGGUNIANG KABATAAN OFFICIALS 172 The templates and forms can be accessed through the link: https://tinyurl.com/BGHandbook-Templates or you may scan the QR code below:
CHAPTER VII – KATARUNGANG PAMBARANGAY 67 Katarungang Pambarangay, also known as the Barangay Justice System, is a neighborhood conciliation and arbitration system. It was drawn from the ancient Filipino custom of settling disputes by amicable settlement during the pre-Spanish era. As a community-based mechanism for dispute resolution, it covers disputes between members of the same community (generally, same city/municipality) and involves the Punong Barangay and other members of the communities (the Lupon members) as intermediaries (mediators, conciliators, and, sometimes, arbitrators). Three Significant Laws a. Presidential Decree No. 1293, 27 January 1978 b. Presidential Decree No. 1508, 11 June 1978 c. Republic Act No. 7610, 10 October 1991 Under the Revised KP Law, the Katarungang Pambarangay Law has three (3) new significant features: 1. Increased authority in criminal offenses It increased the authority of the lupon in criminal offenses from those punishable by imprisonment not exceeding thirty days or a fine not exceeding P200.00 in P.D. No. 1508 to those offenses punishable by imprisonment not exceeding one year or a fine not exceeding P5,000.00. 2. Disputes arising at the workplace or institution of learning It provides that disputes 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. 3. Suspension of prescriptive periods of offenses It provides for the suspension of the prescriptive periods of offenses during the pendency of the mediation, conciliation, or arbitration process. Paragraph (c) of Section 410 of the law, however, suffers from some ambiguity when it provides that the prescriptive periods "shall resume upon receipt by the complainant of the complaint or the certificate of repudiation or of the certification to file action issued by the lupon or pangkat secretary." What is referred to as receipt by the complainant of the complaint is unclear; obviously, it could have been a drafting oversight. Accordingly, in the above quoted Section 11 of the Rules and Regulations issued by the Secretary of Justice, the phrase "the complaint or" is not found, such that the resumption of the running of the prescriptive period shall, properly, be from receipt by the complainant of the certificate of repudiation or the certification to file action issued by the lupon or the pangkat secretary. Such suspension, however, shall not exceed sixty days.
CHAPTER VII – KATARUNGANG PAMBARANGAY ` 68 PURPOSE OF KATARUNGANG PAMBARANGAY ● To reduce number of court litigations ● Conciliation mechanism as alternative to litigations ● Effective reducing or preventing expensive and wearisome litigation ● Promote unity, peace and cooperation A. CREATION OF LUPON Composition of Lupon: 1. Lupon Chairperson 2. minimum of 10 and maximum of 20 Members 3. Lupon Secretary LUPON MEMBERS Term of office 1. 3 years 2. Reappointment 3. Termination of Service Termination of Service 1. Resignation 2. Transfer of residence or place of work 3. Filing of Withdrawal of Appointment (KP Form 6) for justifiable ground/s and concurrence of majority of all the members of Lupon.
CHAPTER VII – KATARUNGANG PAMBARANGAY 69 SECTION 399, LGC of 1991 1. Within fifteen (15) days from the start of the term of office, a notice to constitute the Lupon (KP Form No. 1), shall be prepared by the Punong Barangay. 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 No. 1 – Notice to Constitute the Lupon
CHAPTER VII – KATARUNGANG PAMBARANGAY ` 70 Qualifications of a Lupon Member Qualified Member Disqualified ● Actual Residents/ working in the Barangay ● of legal age ● with the following qualities: o Integrity o Impartiality o Independence o Fairness o Reputation for probity o Patience o resourcefulness o open-mindedness o flexible ● Below 18 years of age ● Incompetent ● Convicted of a crime carrying with penalties of perpetual or temporary disqualification from holding public office ● Elected government official ● Member of armed forces who is in the active service 2. The Punong Barangay, taking into consideration any opposition to the proposed appointment or any recommendations for appointments as may have been made within the period of posting, shall within ten (10) days thereafter, appoint as members those whom he determines to be suitable therefor. Notices (KP Form No. 3) will be sent to the proposed members to inform them of the date of appointment.
CHAPTER VII – KATARUNGANG PAMBARANGAY 71 3. Appointments shall be in writing (KP Form No. 2), signed by the Punong Barangay, and attested to by the Barangay secretary.
CHAPTER VII – KATARUNGANG PAMBARANGAY ` 72 The list of appointed members (KP Form No. 4) shall be posted in three (3) conspicuous places in the Barangay for the entire duration of their term of office. 4. In Barangays where the majority of the inhabitants are members of indigenous cultural communities, local systems established through their councils of datus or elders shall be recognized without prejudice to the applicable provisions of the law.
CHAPTER VII – KATARUNGANG PAMBARANGAY 73 5. The newly appointed Lupon Members shall take their oath immediately before the Punong Barangay. (KP Form No. 5)
CHAPTER VII – KATARUNGANG PAMBARANGAY ` 74 6. A Lupon Member may file a Withdrawal of Appointment (KP Form No. 6) if he/she wishes to leave the lupon.
CHAPTER VII – KATARUNGANG PAMBARANGAY 75 PANGKAT TAGAPAGKASUNDO 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. (Sec 404, LGC) Pangkat Tagapagkasundo (Pangkat) is a conciliation panel constituted from the Lupon membership for every dispute brought before the Lupon consisting of three (3) members after the Punong Barangay has failed in his mediation efforts. Composition of Pangkat Tagapagkasundo: 1. Pangkat Chairman 2. Pangkat Secretary 3. Member Should the parties fail to agree on the pangkat membership, the same shall be determined by lots drawn by the Lupon chairperson. 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. He shall issue and cause to be served notices to the parties concerned. The lupon secretary shall issue certified true copies of any public record in his custody that is not by law otherwise declared confidential. Disqualification as Pangkat Takapagkasundo Member, by reason of Relationship, Bias or interest and other similar ground.
CHAPTER VII – KATARUNGANG PAMBARANGAY ` 76 JURISDICTION OF THE LUPON THREE (3) BASIC ELEMENTS a. Parties are NATURAL PERSONS b. Parties are ACTUAL RESIDENTS of the same city/municipality c. SUBJECT MATTER of the dispute must not be one of those listed under Sec 408 and 412 (b); declared by SC ruling; and other laws SOME FELONIES UNDER LUPON’S JURISDICTION a. Using False Certificates (Art. 175, RPC); b. Illegal use of uniforms and Insignias (Art. 179, RPC); c. Physical Injuries Inflicted in a tumultuous affray (Art. 252, RPC) d. Responsibility of participants in a duel if only physical injuries are inflicted or no physical injuries have been inflicted (Art. 260, RPC); e. Less Serious Physical Injuries [As defined in its original form (1st Paragraph) and without any aggravating and/or qualifying circumstances] (Art. 265, RPC, as amended by RA 10951); f. Light Threats (Art. 283, RPC); g. Slight Physical Injuries and Maltreatment [Paragraph (1) & (3) only] (Art. 266, RPC, as amended by RA 10951) [These provisions/ classifications will still fall under the coverage of the KP Law]; h. Abandonment of a person in danger and abandonment of one’s own victim (Art. 275, RPC); i. Theft (Only acts that fall under Subdivision No. 4,5,6,7, and 8 of Art. 309, RPC, as amended by RA 10951) j. Qualified Theft [If the value does not exceed P500] (Art. 310, RPC, as amended by RA 10951); k. Swindling or Estafa [If the amount does not exceed P1,200,000.00 provided the act is not related to the issuance of bounced checks] (Art. 315, RPC, as amended by RA 10951); l. Other form of Swindling (Art. 316, RPC); m. Swindling a Minor (Art. 317, RPC); n. Other deceits [1st Paragraph only, if the values of the damage caused does not exceed P2,500] (Art. 318, RPC, as amended by RA 10951); o. Removal, Sale or Pledge of Mortgaged Property (Art. 319, RPC) p. Special Cases of Malicious Mischief [If the value of the damaged property does not exceed P200,000] (Art 328, RPC, as amended by RA 10951);
CHAPTER VII – KATARUNGANG PAMBARANGAY 77 q. Other Mischief [Except under Paragraph 3, if the value of the damage caused is more than P5,000 but does not exceed P40,000, or if it cannot be estimated0]. (Art. 329, RPC, as amended by RA 10951); r. Simple Seduction (Art. 338, RPC); s. Acts of Lasciviousness with the consent of the offended party (Art.339, RPC); t. Incriminating innocent persons (Art. 363, RPC); u. Fencing of Stolen Properties if the Value of the Property involving is not more than P50.00 (PD 1612). May include sexual harassment cases under RA 11313 or the Safe Spaces Act The first- and second-time offenses of the following acts of sexual harassment, found in Section 11 (a) of the Safe Spaces Act, are covered by the Katarungang Pambarangay: a. cursing, b. wolf-whistling, c. catcalling, d. leering and intrusive gazing, e. taunting, f. pursing, g. unwanted invitations, h. misogynistic, transphobic, homophobic, and sexist slurs, i. persistent unwanted comments on one's appearance j. relentless requests for one's personal details such as name, contact and social media details or destination, k. the use of words, gestures or actions that ridicule on the basis of sex, gender or sexual orientation, identity and/or expression including sexist, homophobic, and transphobic statements and slurs, l. the persistent telling of sexual jokes, m. use of sexual names, comments and demands, and n. any statement that has made an invasion on a person's personal space or threatens the person's sense of personal safety.
CHAPTER VII – KATARUNGANG PAMBARANGAY ` 78 DOJ Opinion No. 100 s. 1979; 071, s. 1982 In criminal cases which are within the power of the Lupon to settle, the government waives its right to prosecute the crime committed and therefore extinguishes the criminal liability of the offender when Amicable Settlement is reached. Only the civil aspect of the crimes remains and this may take the form of award of the damages in favor of the offended party which is within the power of the Lupon to conciliate or impose. What are the cases under the subject matter of the KP Law? Answer: GR: All disputes may be the subject of the barangay proceedings for amicable settlement, except: 1. Government 2. Public Officer or employee 3. Imprisonment > 1 year 4. Fine > Php 5,000 5. No private Offended Party (jay walking, violation of ordinance 6. Civil disputes over Real property located in different cities/municipalities EXCEPT: If parties agree to submit their differences to amicable settlement by an appropriate lupon. 7. Residents of barangays of different cities or municipalities EXCEPT: if such barangay units adjoin each other and the parties agree to submit to amicable settlement by an appropriate lupon. 8. Other disputes which the President determines In the interest of justice 9. Urgent legal action: Detention/Custody of Police, Habeas Corpus, Provisional Remedies, Statute of Limitations 10.Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) (Sec. 46 & 47, R.A. 6657); 11.Labor disputes or controversies arising from employer-employee relations (Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended, which grants original and exclusive
CHAPTER VII – KATARUNGANG PAMBARANGAY 79 jurisdiction over conciliation and mediation of disputes, grievances or problems to certain offices of the Department of Labor and Employment); 12.Actions to annul judgment upon a compromise which may be filed directly in court (See Sanchez vs. Tupaz, 158 SCRA 459). 13.Settlement of VAWC cases 14.Anti-Bullying Act of 2013 What happens when a case outside the jurisdiction of the KP is settled amicably at the barangay level? Any settlement or arbitration on disputes not covered by the KP does not have the force and effect of a court judgment; they are merely PRIVATE CONTRACTS and cannot be enforced thru execution by the Lupon or court. For criminal cases, their prosecution and penalties are not waived by the state. (DOJ Opinion No. 90, s. 1991)
CHAPTER VII – KATARUNGANG PAMBARANGAY ` 80 MEDIATION/CONCILIATION Thematic Diagram of Katarungang Pambarangay Process
CHAPTER VII – KATARUNGANG PAMBARANGAY 81 Basic Procedure for Amicable Settlement of Dispute 1. Complainant files his/her complaint orally or in writing (KP Form No. 7) with the Lupon Chairperson of the barangay (Sec 410 (a), LGC)
CHAPTER VII – KATARUNGANG PAMBARANGAY ` 82 2. Within the next working day from receipt of the complaint, the Lupon Chairman summons the respondent (KP Form No. 9), with the notice to the complainant (KP Form No. 8), for them and their witnesses to appear before him for mediation (Sec 410 (b), LGC)
CHAPTER VII – KATARUNGANG PAMBARANGAY 83 3. If the Lupon Chairperson fails in his mediation efforts within fifteen (15) days (non-extendible) from the first meeting of the parties, he/she shall set the date for the constitution of the Pangkat ng Tagapagkasundo. 4. The Lupon Chairperson will now issue a notice for the Constitution of the Pangkat (KP Form No. 10). The three (3) Pangkat Tagapagkasundo members will be chosen by both parties from among the Lupon members. If both parties failed to agree on Pangkat members, the Lupon Chairperson will choose through draw lots.
CHAPTER VII – KATARUNGANG PAMBARANGAY ` 84 5. Once the Pangkat Tagapagkasundo members are established, the Lupon Chairperson will issue three (3) Notices (KP Form No. 11) to the chosen Pangkat Tagapagkasundo Members. 6. The Pangkat convenes not later than three (3) days from its constitution to hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable settlement (Sec 410 (d), LGC)
CHAPTER VII – KATARUNGANG PAMBARANGAY 85 7. The Pangkat shall elect from among themselves a Chairperson and a Secretary. The Lupon Secretary shall give/turnover all records of the case to the pangkat secretary for the pangkat to study. Disqualification of Pangkat Member after its constitution If the Pangkat decides to disqualify any of its members, the parties should agree on a common choice for the replacement. If they fail to agree, the Lupon Chairperson shall fill the resulting vacancy by drawing of lots. 8. Once the Pangkat Tagapagkasundo is established, the Pangkat Chairperson will now issue the Notice of Hearing (KP Form No. 12) on both parties signifying the date of the hearing.
CHAPTER VII – KATARUNGANG PAMBARANGAY ` 86 9. The Pangkat shall arrive at settlement of the dispute within fifteen (15) days, extendible for another fifteen (15) days, only in clearly meritorious cases, from the day it convenes and may issue Subpoena (KP Form No. 13) of witnesses whenever necessary. (Sec 410 (e), LGC)
CHAPTER VII – KATARUNGANG PAMBARANGAY 87 Possible Outcomes during and after Mediation or Conciliation effort: A. AMICABLE SETTLEMENT (Section 411, LGC Code) All amicable settlements shall be in writing (KP Form No. 16), in a language or dialect known to the parties, signed by them, and attested to by the Lupon Chairperson or the Pangkat Chairperson, as the case may be. Section 416, LGC of 1991. The amicable settlement and arbitration award shall have the force and effect of a final judgment of a court upon the expiration of ten (10) days from the date thereof, unless repudiation of the settlement has been made or petition to nullify the award has been filed before the proper city or municipal court. IF COMPLIANT. Case is closed. IF NON-COMPLIANT: ● Complainant/Respondent submit Motion for Execution (KP Form No. 23) ● Lupon Chairperson will now issue the Notice of Hearing re: Motion of Execution (KP Form No. 24)
CHAPTER VII – KATARUNGANG PAMBARANGAY ` 88 KP Form No. 23: Motion for Execution
CHAPTER VII – KATARUNGANG PAMBARANGAY 89 KP Form No. 24: Notice of Hearing (re: Motion for Execution)