What is the concept of the Katarungang Pambarangay?
Katarungang Pambarangay is an innovation of the Philippine justice system. It provides for resolution of disputes at the barangay level in order to achieve peace and harmony within the community and to provide an accessible and effective form of justice for community members.
What are the cases that are exempted in the barangay for amicable settlement?
a) Where one party is the government or any subdivision or instrumentality thereof; b) Where one party is a public officer or employee, and the dispute relates to the performance of his official functions; c) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding five thousand pesos (P5,000.00);
Why it is said that Katarungang Pambarangay is not a court?
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.
What is Katarungang Pambarangay law and restorative justice?
In accordance with the Local Government Code of 1991 (Republic Act 7160), the Katarungang Pambarangay (KP) or the Barangay Justice System is an extra-governmental mechanism aims at perpetuating the time-honored tradition of amicably settling interpersonal disputes in a community without recourse to the formal legal …
What are the functions of Lupon?
The Lupon of each barangay shall have authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes except: 1. Where on party is the government, or any subdivision or instrumentality thereof; 2.
What is the procedure in the Katarungang Pambarangay law?
WHAT IS THE PROCEDURE IN THE KATARUNGAN PAMBARANGAY LAW? 1. While the dispute is under mediation conciliation or arbitration, the prescriptive periods for offenses and cause of action under existing laws shall be interrupted upon filing of the complaint with the Punong Barangay.
What are the functions of the Lupon?
The lupon has the following functions: (a) Exercise administrative supervision over the conciliation panels provided herein; (b) Meet regularly once a month to provide a forum for exchange of ideas among its members and the public on matters relevant to the amicable settlement of disputes, and to enable various …
What are the qualifications of becoming a Lupon How does the Lupon differ from actual courts in the country?
What are the qualifications of a lupon member? Answer : The person is a resident or working in the barangay and not disqualified by law for some reason and must possess integrity, impartiality, independence of mind, sense of fairness and reputation of probity may be appointed member of the lupon.
What are the functions of lupon?
What is the Katarungang Pambarangay Law in the Philippines?
Katarungang Pambarangay is a system of dispute resolution instituted in all barangays in the Philippines that seeks to promote, among others, the speedy administration of justice, by providing all avenues to an amicable settlement, thereby considerably reducing the dockets in our courts of justice. Click to see full answer.
Can you apply Rule 8 ( a ) of Katarungang Pambarangay retroactively?
To apply Section 8 (a), Rule VI of the Katarungang Pambarangay Rules retroactively in this case would unfairly result in the creation of new obligations or the imposition of additional duties on the part of the Lupon before they could validly issue a certificate to file action in favor of Villacin.
Which is the first mode of enforcement under Katarungang Pambarangay?
Under the first mode of enforcement, the execution of an amicable settlement could be done on mere motion of the party entitled thereto before the Punong Barangay.10 The proceedings in this case are summary in nature and are governed by the Local Government Code and the Katarungang Pambarangay Implementing Rules and Regulations.
Who are the complainants in Barangay conciliation proceedings?
4. 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); 5.