Question & AnswerQ&A (LETTER OF IMPLEMENTATION NO. 105)
The primary purpose is to mandate the immediate implementation of the Katarungang Pambarangay Law (Presidential Decree No. 1508) to ease court dockets and solve the problem of case backlogs by settling disputes amicably at the barangay level.
It is addressed to all judges of the Courts of First Instance, Circuit Criminal Courts, Juvenile and Domestic Relations Courts, Courts of Agrarian Relations, City and Municipal Courts, and all Fiscals and other prosecuting officers.
It is Presidential Decree No. 1508, a law providing for the amicable settlement of disputes at the barangay level through the Lupong Tagapamayapa (Barangay Justice System).
Fiscals and judges are ordered to desist from receiving complaints, conducting investigations, filing informations and complaints, or holding trials on cases that are within the jurisdiction of the Lupong Tagapamayapa unless conciliation before the Lupon has been previously attempted.
They are officers of the Ministry of Local Government and Community Development tasked to certify the organization of the Lupong Tagapamayapa in their barangays and send these certifications to the Ministry of Justice, Supreme Court, fiscal offices, and judges concerned.
The certification must be made within five (5) days from the publication of the order.
Cases that are within the authority of the Lupong Tagapamayapa must first undergo conciliation at the barangay level before they can be received or processed by the courts or prosecuting officers.
The directives include orders to fiscals and prosecuting officers, municipal, city, district, provincial development officers and regional directors, judges concerned in the judiciary, and city and municipal development officers.
a) Circular No. 38 issued by the Minister of Justice dated September 25, 1979; b) Memorandum No. 79a issued by the Minister of Local Government and Community Development dated November 5, 1979; c) Circular No. 22 issued by the Chief Justice dated November 9, 1979.
The Lupong Tagapamayapa is the barangay body responsible for the amicable settlement and conciliation of disputes at the community level to reduce the caseload of courts and expedite dispute resolution.