Title
Supreme Court
Barangay Dispute Amicable Settlement System
Law
Presidential Decree No. 1508
Decision Date
Jun 11, 1978
Presidential Decree No. 1508 establishes the Katarungang Pambarangay Law in the Philippines, promoting the amicable settlement of disputes at the barangay level to relieve court congestion and enhance the quality of justice, with the Lupon Tagapayapa serving as the administrative body responsible for facilitating the resolution of disputes through mediation and arbitration.

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.

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