Katarungang Pambarangay, or the Barangay Justice System is a local justice system in the Philippines. It is operated by the smallest of the local government units, the barangay, and is overseen by the barangay captain, the highest elected official of the barangay and its executive.
The barangay captain sits on the Lupon Tagapamayapa along with other barangay residents, which is the committee that decides disputes and other matters. They do not constitute a court as they do not have judicial powers.
The system exists to help decongest the regular courts and works mostly as “alternative, community-based mechanism for dispute resolution of conflicts,” also described as a “compulsory mediation process at the village level.”
Throughout the Philippines the Barangay Justice Systems handles thousands of cases a year. Since officials have more flexibility in decision-making, including from complex evidence rules, and receive some resources from government, the courts are more numerous and accessible than other courts and therefore the courts are able to hear more cases and to respond more immediately.
Republic Act 7160, otherwise known as the 1991 Local Government Code, gives barangays the mandate to enforce peace and order and provide support for the effective enforcement of human rights and justice. Decentralization has facilitated the recognition of the Katarungang Pambarangay or Barangay Justice System as an alternative venue for the resolution of disputes.
The challenge facing local governments now is to maximize and harness the katarungang pambarangay as one of the most valuable mechanisms available in administering justice, advancing human rights protection and resolving and/or mediating conflict at the barangay level through non-adversarial means.
General rule is that before a complaint is filed in court, there should have been a confrontation between the parties before the Lupon Chairman. The Lupon secretary should certify that no conciliation or settlement was reached attested to by the Lupon Chairman.
All disputes are subject to Barangay conciliation pursuant to the Revised Katarungang Pambarangay Law (formerly P.D. 1508, repealed and now replaced by Secs. 399-422, Chapter VII, Title I, Book III, and Sec. 515, Title I, Book IV, R.A. 7160, otherwise known as the Local Government Code of 1991), and prior recourse thereto is a pre-condition before filing a complaint in court or any government offices, except in the following disputes:
- Where one party is the government, or any subdivision or instrumentality thereof;
- Where one party is a public officer or employee, and the dispute relates to the performance of his official functions;
- 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;
- Any complaint by or against corporations, partnership or juridical entities, since only individuals shall be parties to Barangay conciliation proceedings either as complainants or respondents (Sec. 1, Rule VI, Katarungang Pambarangay Rules);
- 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;
- Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one (1) year or a fine over five thousand pesos (P5,000.00);
- Offenses where there is no private offended party;
- Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued, specifically the following:
- Criminal cases where accused is under police custody or detention (see Sec. 412 (b) (1), Revised Katarungang Pambarangay Law);
- Petitions for habeas corpus by a person illegally deprived of his rightful custody over another or a person illegally deprived or on acting in his behalf;
- Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property and support during the pendency of the action; and
- Actions which may be barred by the Statute of Limitations.
Any class of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice;
Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) (Sec. 46 & 47, R.A. 6657);
Labor disputes or controversies arising from employer-employee relations (Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended, which grants original and exclusive jurisdiction over conciliation and mediation of disputes, grievances or problems to certain offices of the Department of Labor and Employment);
Actions to annul judgment upon a compromise which may be filed directly in court (See Sanchez vs. Tupaz, 158 SCRA 459).
Section 409 Republic Act No. 7160, otherwise known as the Local Government Code of 1991), and prior recourse thereto is a pre-condition before filing a complaint in c. Venue. –
Objections to venue shall be raised in the mediation proceedings before the punong barangay; otherwise, the same shall be deemed waived. Any legal question which may confront the punong barangay in resolving objections to venue herein referred to may be submitted to the Secretary of Justice, or his duly designated representative, whose ruling thereon shall be binding.