Katarungang Pambarangay Law

laweachweek

What is the Katarungang Pambarangay (KP) Law and what is its purpose?

The KP Law is a system for the amicable settlement of disputes at the barangay level. It was established to promote the speedy administration of justice and to relieve court dockets and prosecutor’s offices of conciliable case. It is governed by Sections 399 to 422 of  R.A. 7160 or the Local Government Code.

What is the consequence of not bringing the case before the Katarungang Pambarangay before filing the case in court?

Non compliance with the barangay conciliation process when the case falls under the jurisdiction of the Katarungang Pambarangay is a ground for dismissal of the case for non compliance with a condition precedent.

What are the cases which need to be brought before the system of barangay conciliation?

All disputes are subject are to Barangay conciliation except in the following disputes:

[1] Where one party is the government, or any subdivision or instrumentality thereof;

[2] Where one party is a public officer or employee and the dispute relates to the performance of his official functions;

[3] Where the dispute involves real properties located in different cities and municipalities, unless the parties thereto agree to submit their difference to amicable settlement by an appropriate Lupon;

[4] Any complaint by or against corporations, partnerships or juridical entities, since only individuals shall be parties to Barangay conciliation proceedings either as complainants or respondents

[5] Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate Lupon;

[6] Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one [1] year or a fine of over five thousand pesos (P5,000.00);

[7] Offenses where there is no private offended party;

[8] Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued, specifically the following:

[a] Criminal cases where accused is under police custody or detention

[b] Petitions for habeas corpus by a person illegally deprived of his rightful custody over another or a person illegally deprived of or on acting in his behalf;

[c] Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property and support during the pendency of the action; and

[d] Actions which may be barred by the Statute of Limitations.
[9] Any class of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice;

[10] Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) and labor disputes or controversies arising from employer-employee relations. (Contributor, Donna Amethyst Bernardo)