Law Summary
Scope and Subject Matter
- The Lupon handles disputes between parties residing within the same city or municipality except:
- Cases involving government parties or employees relating to official functions.
- Offenses punishable by imprisonment over 30 days or fines exceeding P200.
- Offenses without a private offended party.
- Other disputes determined by higher authority for exclusion.
Venue of Amicable Settlement
- Disputes between residents of the same barangay to be settled by that barangay's Lupon.
- Disputes involving residents of different barangays in the same city/municipality may be brought before the Lupon where the respondent resides.
- Real property disputes are settled in the barangay where the property is located.
- The Lupon has no jurisdiction over disputes involving residents of different cities/municipalities or properties spanning multiple municipalities.
- Venue objections must be raised before mediation or are deemed waived; legal questions are referred to the Minister of Justice.
Procedure for Amicable Settlement
- Any individual may initiate a complaint orally or in writing to the Barangay Captain of the appropriate barangay.
- The Barangay Captain attempts mediation within 15 days; failure to settle leads to constitution of the Pangkat.
- The Pangkat must convene within 3 days, conduct hearings, simplify issues, and seek amicable resolution within 15 days, extendable by up to 15 more days in meritorious cases.
- The Pangkat may summon parties and witnesses; failure to comply may lead to contempt charges and bar from judicial recourse.
- Disqualification of Pangkat members may be resolved by majority vote, with replacements appointed by the Barangay Captain.
- Willful refusal by Pangkat members without cause results in disqualification from public office for one year.
Form and Effect of Settlement
- Settlements must be in writing, in language(s) known to the parties, and signed by them and attested by the Barangay Captain or Pangkat Chair.
- No complaint may be filed in court without a prior confrontation and failure of settlement, certified by the Lupon or Pangkat Secretary except in specific cases like detention, habeas corpus, provisional remedies, or statute of limitations.
- Parties may agree in writing to submit to arbitration by the Barangay Captain or Pangkat; awards are in writing and can be repudiated within 5 days.
- Proceedings are public but may be closed for privacy, decency, or morals upon motion or request.
- Parties must appear personally without counsel, except minors or incompetents assisted by next of kin.
- Admissions during proceedings may be admitted in other cases.
- Settlements and arbitration awards have the force of court final judgments after 10 days unless repudiated or nullified.
- Settlements may be enforced by execution within one year or by court action after that period.
Repudiation and Transmittal
- A party may repudiate a settlement within 10 days if consent was vitiated by fraud, violence, or intimidation by filing a sworn statement.
- The Lupon Secretary must transmit copies of settlements or awards to the local court within 5 days and provide copies to parties and the Barangay Captain.
Powers and Administration
- Barangay Captains and Pangkat members may administer oaths related to proceedings.
- The Minister of Local Government and Community Development oversees the implementation and may issue rules and regulations after consultation with the Minister of Justice.
- Legal questions in implementation are referred to the Minister of Justice.
- Assistance from other government agencies must be provided when requested.
Miscellaneous Provisions
- Members serve without compensation but are considered public officers.
- Vacancies must be promptly filled.
- The decree appropriates P25 million for implementation and subsequent funding through General Appropriations Acts.
- If any provision is held invalid or unconstitutional, it does not affect the remaining provisions.
- The decree takes effect six months after promulgation.