KATARUNGANG PAMBARANGAY LAW Flashcards
(34 cards)
KATARUNGANG PAMBARANGAY LAW was created by the virtue of______________on June 1978
Presidential Decree 1508
integrated provisions to strengthen the Katarungang Pambarangay. (promote speedy administration of justice, preserve and develop Filipino culture & to strengthen the family as the basic social institution)
Republic Act 7160 ( Local Government Code of 1991)
It was created purposely to give the appropriate. barangay chairman and barangay lupon officials to amicably settle cases within their jurisdiction.
Katarungang pambarangay law
is a system of justice administered at the barangay level for the purpose of amicable settling disputes through mediation, conciliation or arbitration among the family or barangay without resorting to the courts.
Katarungang Barangay (KP)
The goal of this system is to mediate and resolve conflicts at the community level, thereby reducing the burden on courts.
Katarungang Barangay
• The barangay justice system’s resolutions are not legally binding unless both parties agree to the settlement. If they do not, parties may proceed to formal litigation after receiving a certification.
Katarungang Pambarangay Law
• The certification is an important requirement before filing certain types of cases in court.
Without this certification, the court will not entertain the case, as the law requires that barangay conciliation be the first step for many disputes.
Certification to File Action
• the basic political unit:
Barangay
serves as the primary planning and implementing unit of government policies, plans, programs, projects, and activities in the community (Sec 384 of the Local Government Code)
Barangay
The Barangay Chief Officials and Officers are the following:
• Punong Barangay,
• Seven (7) Sangguniang Barangay Members,
• A Sangguniang Kabataan Chairman,
• A Barangay Secretary,
• A Barangay Treasurer; and
• Lupong Tagapamayapa. (10-20 members)
It is a body of men created to settle disputes within the barangay level.
LUPONG TAGAPAMAYAPA (literally “Peace
Congregation”)
Lupong Tagapamayapa is also referred to as the LUPON. Consisting of not less than ________members of Lupon.
10-20
The Lupon shall be composed of the 1.____________ as Chairman of the Lupon and the Barangay Secretary as the Secretary of the Lupon, plus other members who shall be not less than ten (10) but not more than twenty (20). It shall be formed every 2. ________years.
- Barangay Chairman
- three (3)
Who has the authority to constitute the Lupon?
• The___________can appoint the lupon members. It is his/her exclusive prerogative - no need for approval, confirmation or ratification of the sangguniang barangay.
Punong Barangay
WHAT IF THE PB FAILED TO CONSTITUTE I ORGANIZE A LUPON?
• HE/SHE CAN BE CHARGED OF 1. ______________AND BE SUBJECTED TO 2.__________________.
- NEGLECT OF DUTY
- ADMINISTRATIVE SANCTIONS
Six (6) steps to constitute a Lupon
STEP 1: Determining the actual number of Lupon Members:
STEP 2: Preparing a notice to constitute the Lupon;
STEP 3: Posting the notice to constitute the Lupon;
STEP 4: Appointment of Lupon Members;
STEP 5: Oath taking of Lupon members:
STEP 6: Posting
KP FORM #1:
NOTICE TO CONSTITUTE THE LUPON
KP FORM # 2:
APPOINTMENT LETTER
KP FORM # 5:
LUPON MEMBERS OATH
STATEMENT
KP FORM # 8:
NOTICE OF HEARING
KP FORM # 9:
SUMMON FOR THE RESPONDENT/S
KP FORM # 10:
NOTICE FOR CONSTITUTION OF PANGKAT
KP FORM # 13:
SUBPOENA LETTER
Are the lupon members entitled to some compensation?
Do they have benefits due to them?
• The Lupon members shall serve______________. If the barangay has enough funds, PB can always give honoraria to Lupon members who have participated in the resolution of a particular case.
without any compensation
