QuestionsQuestions (PRESIDENTIAL DECREE NO. 1508)
PD 1508 seeks to formally organize a system for amicably settling disputes at the barangay level to promote speedy administration of justice and reduce court docket congestion, while implementing the constitutional mandate to preserve Filipino culture and strengthen the family as a basic social institution.
PD 1508 creates a Lupon in each barangay composed of the Barangay Captain as chairman and not less than ten (10) nor more than twenty (20) members, constituted every two years.
Members must be suitable persons actually residing or working in the barangay, not expressly disqualified by law, and must be chosen considering integrity, impartiality, independence of mind, sense of fairness, reputation for probity, and educational attainment.
The Barangay Captain prepares a notice to constitute the Lupon within 30 days after effectivity and thereafter within the first 10 days of January of every other year. The notice must be posted in three conspicuous places continuously for at least three weeks; opposition/recommendations are considered, and appointments are made within 10 days thereafter.
Members hold office until December 31 of the calendar year subsequent to the year of their appointment unless sooner terminated by resignation, transfer of residence or place of work, or withdrawal of appointment by the Barangay Captain with concurrence of the majority of all Lupon members.
The Barangay Secretary concurrently acts as Secretary of the Lupon. He notes mediation results before the Barangay Captain and submits a report to the proper city or municipal court; he also receives and keeps panel records and issues the certification required under Section 6.
Each dispute has a Pangkat of three members chosen by agreement from the Lupon list. If parties fail to agree, both parties alternately strike names in the presence of the Barangay Captain/Secretary until four remain; three become Pangkat members and the fourth becomes the alternate, determined by lot. The Pangkat’s chairman and secretary are then elected among themselves.
Excluded are: cases involving the government or its subdivision/instrumentality; disputes involving public officers/employees related to official functions; offenses punishable by imprisonment exceeding 30 days or fine exceeding P200; offenses with no private offended party; and other clashes determined by the Prime Minister upon recommendation of the Ministers of Justice and Local Government.
(a) If parties are actual residents of different barangays within the same city/municipality, the case is brought in the barangay where the respondent (or any respondent) actually resides, at the election of the complainant. (b) For disputes involving real property or any interest therein, it must be brought in the barangay where the real property (or part of it) is situated.
The Lupon has no authority over disputes involving parties who actually reside in barangays of different cities or municipalities (except where the barangays adjoin), and disputes involving real property located in different municipalities.
Upon receipt of the complaint, the Barangay Captain summons the respondent(s) for mediation within the next working day. If he fails to mediate within 15 days from the first meeting before him, he sets a date for the constitution of the Pangkat.
The Pangkat must resolve within 15 days from the day it convenes. It may extend for another period not exceeding 15 days except in clearly meritorious cases, at the Pangkat’s discretion.
All amicable settlements must be in writing, in a language or dialect known to the parties (or in languages/dialects known to them if they do not share the same language), signed by the parties and attested by the Barangay Captain or the Pangkat Chairman, as applicable.
Yes. No complaint/petition/action/proceeding involving a matter within Lupon authority may be filed in court or other government office unless there has been confrontation before the Lupon Chairman/Pangkat and no conciliation/settlement was reached (certified), or unless the settlement has been repudiated. Direct resort to court is allowed if: (1) accused is under detention; (2) a person is otherwise deprived of personal liberty (habeas corpus); (3) the action is coupled with provisional remedies such as preliminary injunction/attachment/delivery of personal property/support pendente lite; and (4) the action may otherwise be barred by the Statute of Limitations.
A party may repudiate within 10 days from the date of settlement by filing with the Barangay Captain a sworn statement that consent was vitiated by fraud, violence, or intimidation. This repudiation is the basis for issuance of the certification to file a complaint.
They have the force and effect of a final judgment of a court upon expiration of 10 days from the date thereof, unless the settlement is repudiated or a petition for nullification of the award is filed before the proper city or municipal court.
Refusal or willful failure to appear may be punished by the city or municipal court as for indirect contempt upon application by Lupon or Pangkat officials or parties. It must also be reflected in the Lupon records and minutes; such refusal bars the complaint from seeking judicial recourse for the same cause of action and bars the respondent from filing any counterclaim arising from or necessarily connected with it.
Generally, parties must appear in person without assistance of counsel/representative, except minors and incompetents who may be assisted by their next of kin who are not lawyers.