Republic of the Philippines

Department of the Interior and Local Government

MUNICIPAL LOCAL GOVERNMENT OPERATIONS OFFICE

KATARUNGANG PAMBARANGAY LAW

CASES COGNIZABLE BY THE KP LAW

GUIDE NOTES FOR DISCUSSION

Atty. Angel S. Ucat, Jr., Resource Speaker

I. CRIMINAL CASES

A. Common crimes (As provided for in the Revised Penal Code [RPC]).

1. Art. 252 – Physical injuries inflicted in a tumultuous affray

2. Art. 265 – Less serious physical injuries
3. Art. 266 – Slight physical injuries
4. Art. 269 – Unlawful arrest
5. Art. 271 - Inducing a minor to abandon his home
6. Art. 275 – Abandonment of person in danger and abandonment of one’s own victim
7. Art. 276 - Abandoning a minor (a child under seven years old)
8. Art. 277 - Abandonment of a minor by person entrusted with his custody; indifference
of parents
9. Art. 280 - Simple (not qualified) trespass to dwelling (without the use of violence or
intimidation)
10. Art. 281- Other forms of trespass
11. Art. 283 - Light threats
12. Art. 285 - Other light threats
13. Art. 287 - Light coercion
14. Art. 309 - Theft (if the value of the thing stolen does not exceed P50)
15. Art. 313 - Altering boundaries or landmarks
16. Art. 315 - Swindling or estafa (if the amount involved does not exceed P200)
17. Art. 316 - Other forms of swindling
18. Art. 317 - Swindling a minor
19. Art. 318 - Other deceits
20. Art. 329 - Other mischiefs (if damage to property does not exceed P1,000)
21. Art. 338 - Simple seduction
22. Art. 339 - Acts of lasciviousness with the consent of the offended party
23. Art. 363 - Incriminating innocent persons
24. Art. 364 - Intriguing against honor

As punished by special laws.

25. Sec. 1, BP 22 – Issuing checks without sufficient funds for an amount not exceeding
P2,500
26. PD 1612 – Violation of the Anti-Fencing Law if the value of the property subject of
robbery or theft does not exceed P50

B. Others (As provided for in the RPC)

27. Art. 154 – Unlawful use of means of publication and unlawful utterances
28. Art. 174 - False medical certificates; false certificates of merit or service
29. Art. 175 – Using false certificates
30. Art. 178 - Using fictitious names and concealing true names
31. Art. 179 - Illegal use of uniforms or insignias
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32. Art. 253 – Giving assistance to suicide if suicide is not consummated

33. Art. 288 - Other similar coercion (compulsory purchase of merchandise and payment
of wages by means of tokens
34. Art. 290 - Discovering secrets through seizure of correspondence
35. Art. 291 - Revealing secrets with abuse of office
36. Art. 319 - Removal, sale or pledge of mortgaged property
37.Art. 356 -Threatening to publish and offer to prevent such publication for a
compensation (otherwise referred to as “Blackmail”)
38. Art. 357- Prohibited publication of acts referred to in the course of official
proceedings

II. CIVIL CASES

In Civil Cases, there are no minimum and maximum limits as to the amount
involved. Generally, these cases are subjects to the KP Law. Stated differently, the
jurisdiction of the Lupon/Pangkat insofar as civil cases are concerned cover all cases
cognizable by the trial courts, i. e., both the first level courts (town and city courts) and
the regional trial courts (Morata, et al vs. Go, et al, 125 SCRA 444).

III. THREE GROUPS OF EXCEPTIONS TO LUPON’S AUTHORITY:

First. Those listed in Sec. 408, RA 7160.

(1) Where one party is the government or any subdivision or instrumentality

thereof. Note: If government is only one of the contending parties of one side and the
rest are private individuals, case still covered by Lupon authority. (Gegare vs CA, 177
SCRA 471).

(2) Where one party is a public officer or employee and the dispute relates to the
performance of his official functions.

(3) Offenses punishable by imprisonment exceeding one (1) year or a fine

exceeding P5,000. Rationale: Only petty crimes which do not pose serious danger to
society shall be amicably settled before the Lupon. (DOJ Opn No. 173, s. 198).

Q. Legal effect if grave offense is settled before the Lupon? Ans. Binding
insofar as civil aspect of case only. (DOJ Opn No. 229, S. 1982).
Q. Procedure for multiple offenses. Ans. Do not add penalties. However, if
some are cognizable by Lupon but others not, refer cases to Prosecutor’s Office. (DOJ
Opn Nos. 110, s. 1981, 92, s. 1982).

(4) Offenses where there is no private offended party. (Only natural persons
subjects to KP Law. Rationale: KP Law based on moral ascendancy or influence of the
PB and the members of the Lupon).

(5) Where the dispute involves real properties in different cities or municipalities
UNLESS the parties thereto agree to submit their differences to amicable settlement by
an appropriate Lupon.

(6) 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.
(Note: Actual residents. As distinguished from domicile. “Actually residing” means
physical or bodily presence in a place. [DOJ Opn Nos. 230 & 235, s. 1982]).
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(7) Such other classes of disputes which the President may determine in the
interest of justice or upon recommendation of the Secretary of Justice. Note: Not availed
of until now.

Second.. Those listed in Sec. 412 (Ibid.)

(1) Where the accused is under detention. (Connect with Art. 125, RPC).

(2) Where a person has otherwise been deprived of personal liberty calling for
habeas corpus proceedings.

(3) Where actions are coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property, and support pendente lite.

(4) Where the action may otherwise be barred by the statute of limitations.
(Connect with Sec. 410 [c], RA 7160 on “Suspension of prescriptive period of offenses
for a period of 60 days from filing of complaint with PB).

Third. Those declared by rulings of the Supreme Court. Pursuant to SC Adm.

Cir. No. 14-93, as follows:

(1) Where the dispute arises from the Comprehensive Agrarian Reform Law
(CARL), there is a special body called the Barangay Agrarian Reform Council (BARC)
that conciliates the dispute.

(2) Labor disputes or controversies arising out of employer-employee relations.

(3) Actions to annul judgments.