THE BASICS OF BARANGAY GOVERNANCE

Toward A Strong, Autonomous and Self-Sustaining Barangay

BARANGAY
The decentralization that took place opens new opportunities for local governments and civil society organizations to work hand in hand in the advancement of local development especially in the barangay level. With the recent barangay elections concluded, a new set of local officials are now in place. However, many of the 43,000 barangays need to be capacitated especially on how to pursue good governance and effective public administration. Likewise, the objective of social, economic and political empowerment remains to be realized
Balangay, Resource Manual for Brgy. Governance

CONCEPT OF GOVERNANCE GOVERNMENT and GOVERNANCE are synonymous, both denoting the exercise of authority in an organization, institution or state. GOVERNMENT is also the name given to the entity exercising that authority In traditional parlance, GOVERNMENT rules and controls, but in a state of governance, it orchestrates and manage. GOVERNANCE is the matter in which power is exercised in the management of a countrys social and economic resources for development (ADB 2000:1) GOVERNANCE is the process whereby elements in society wield power and authority and influence and enact policies and decisions concerning public life and social development GOVERNANCE is not something, the state does to society, but the way society itself, and the individuals who compose it, regulate all the different aspects of their collective life.
Balangay, Resource Manual for Brgy. Governance

TWELVE (12) FEATURES OF LOCAL GOVERNMENT

1. Local Governments are political and territorial subdivisions. Under a unitary set-up, local governments are intra-sovereign subdivisions of one sovereign nation. 2. There are five (5) levels / types of local governments; namely, autonomous regions, provinces, cities, municipalities & barangays. 3. Local Governments are public corporations. A local government unit is classified as a municipal corporation proper.

4. The creation of a particular local government is a legislative act. 5. As a rule, the powers of local governments are intramural in nature. 6. Under a unitary set-up, integration is indispensable.

7. Local Governments exist in a dual capacity and their functions and powers are two-fold: public and private. private 8. Local Governments are agents of the State and the community. community. 9. Local Governments are institutions accountable to their principals (State and Community State Community).

10. Local Governments derive their powers from three sources, sources i.e., the Constitution, statutes, and their charters. charters They also possess residual powers. 11. The doctrine of uniformity of powers, in terms of actual exercise of powers, is not applicable. applicable. 12. The doctrine of governmental separation of powers does not apply strictly to local governments

Barangay As A Government Unit and Organization of Masses

As a basic political unit, the barangay serves as a fundamental branch of government in the planning and implementation of policies, plans, programs, projects and activities of the community. (LGC, 384) A movement wherein collective views of citizenry is mirrored and weighed. As a forum, it values partnership with existing Pos and NGOs It is not merely a partner of the people; it obliges the different groups to participate in consultations.

Powers as a Corporation Continue to inherit identity as a corporation; to sue and be sued; To have and use a corporate seal; To acquire and entrust properties, real or personal; To enter into agreement or contract and to exercise other powers granted to corporations To enjoy true autonomy in carrying out proprietary functions and in running one s own business ventures (LGC, Sec. 22)

Other Responsibilities of the Barangay Disaster Management Environmental Management Human Rights Bond Floatation Authority to Negotiate and Secure Funds

Structure of Barangay Government

Punong Barangay

7 SB Members and 1 SK Chairman

Secretary
(mandatory appointive officials)

Treasurer
(mandatory appointive officials)

THE BASICS OF LOCAL LEGISLATION

WHAT IS LOCAL LEGISLATION? Local legislation can be understood in two ways: ITS IMPORTANT BECAUSE IT IS A POWERFUL, VITAL TOOL FOR: addressing the problems of the citizens of the 2. Local Legislation as PROCESS- is the interaction of LGU 1. Local Legislation as POWER - refers the local legislative body with the executive branch, civil to the power ofwelfare and promoting theincluding constituents, legislativethe private general a local NGOs and body to society make rules in the form of ordinances & development resulting LGU & its citizens sector of the in ordinances & resolutions that promote resolutions of local application that have the development of an (LGU). The products or outputs of the force and effect of law. attaining the vision of the LGU for its citizens
this interaction are ORDINANCES & RESOLUTIONS.

THE LOCAL LEGISLATIVE BODY

WHO legislation is made by keyLEGISLATION? LOCAL Local MAKES stakeholders in From the LGU: the context A of LOCAL

LEGISLATION the constituents AS

PARTICIPATORY

PROCESS,society organizations, the civil it acquires legitimacy and social acceptability through the involvement nongovernmental organizations, and of

stakeholders in the LGU, whose interests will peoples organizations be the private sector and affected by the process of making laws or policies. interest groups. other

LEGISLATIVE AUTHORITY is vested in the sanggunian or the local

The 1991 Local Government Code vests legislative power to legislative body. Propose (panukala) the sanggunian at different levels of local government: Kinds of Legislative collegial Authority The sanggunian is a for provincesbody, Sangguniang Panlalawigan Enact (pagsasabatas) Sangguniang Bayan for municipalities composed of a group of individuals elected to 1. Regular or Direct- vested in the Amend (pagsusog) Sangguniang Panlungsod for cities Sanggunians or the local legislature represent the peoples interests. Approve (pag aapruba) Sangguniang Barangay for barangays has the power to enact ordinances, approve 2. InIndirect- Power of initiative and Rejectautonomous regions of the country, legislation is made by the (pagtutol) referendum resolutions, and appropriate funds for the the regional legislative assemblies, e.g. Regional Legislative Repeal (pagpapalit ng batas) Assembly of the Autonomous Region in Muslim Mindanao. welfare of the LGU and its inhabitants.

DEVELOPMENT ISSUES FOR EFFECTIVE LOCAL LEGISLATION 1. Poverty Reduction 2. Gender Equality 3. Environmental Protection 4. Peace and Unity 5. Accountability and Transparency 6. Citizen Participation.

STEPS TOWARDS DEVELOPMENT LEGISLATION 1.Know the terrain 2.Know the People 3.Know the views and sentiments 4.Formulate a development agenda 5.Research for Data Information 6.Explore the world outside of the LGU 7.Empower the people 8.Document everything 9.Legislative Track Analysis

TO BE EFFECTIVE, LOCAL LEGISLATION REQUIRES THREE ELEMENTS:

1. institutional efficiency 2. local legislation cycle or process 3. development

LOCAL LEGISLATION CYCLE or PROCESS

1. Legislative Agenda Formulation 2. Crafting of Ordinances and Resolutions 3. Enactment of Ordinances and Codes of Ordinances 4. Evaluation of the Implementation of Ordinances

CRAFTING OF ORDINANCES AND RESOLUTIONS

1) identifying and analyzing a policy problem to be addressed by legislation 2) gathering research-based information, and 3) drafting the legislative proposal.

EXERCISE OF LEGISLATIVE POWER

The following issuance or documents may be issued at all levels of the Sangguinian, in the exercise of their legislative power:

1. ORDINANCE 2. RESOLUTION 3. MINUTES 4. ORDER OF BUSINESS 5. COMMITTEE REPORTS 6. NOTICE OF SESSION

ORDINANCE - is a local law, a regulation of a general, permanent nature, and a rule established by authority. (Discanso vs. Gatmaitan, G.R. No. 12226, Oct. 31, 1960).- - a legislative act of a general and permanent character. - a legislative act passed by the local board or council in the exercise of its law making authority. (Sec. 38 P.D. 231)

Kinds of Ordinances 1. General Ordinance 2. Appropriation Ordinance 3. Tax Ordinance 4. Special Ordinance

Requisites of a Valid Ordinance 1. It must not contravene the Constitution or any statute. 2. It must not be unfair or oppressive. 3. It must not be partial or discriminatory 4. It must not prohibit but may regulate trade 5. It must be general and consistent with public policy 6. It must not be unreasonable

Parts of an Ordinance 1. TITLE where the main subject of the ordinance is expressed - must not embrace more than one subject Example: AN ORDINANCE BANNING NUDISM IN IN PUBLIC PLACES

2. ENACTING OR ORDAINING CLAUSE- enacting or ordaining authority or source of the ordinance Example: Be it ordained (or enacted ) by the Sangguniang Bayan that:

3. BODY OF THE ORDINANCE- part of the ordinance that completely explains the subject, identified through series of sections. Example: Section 1. Regulated Acts. No person shall appear nude in any public place within the jurisdiction of this municipality. Section 2. Definition of Terms. As used in this Ordinance: 1. Public Place- includes all kinds of roads, parks, plaza, beaches, resorts, show houses and such other places open to the public

4. PENALTY CLAUSE - a clause where corresponding penalties in violation of the provisions of the ordinance are discussed. Example: Section 3. Penalty. Violations of any provisions of this Ordinance shall be punished by a fine of not less than _________________ (P __________) but not more than ________________ (P__________) or imprisonment of not less than ____ days but not more than six (6) months, or both fine and imprisonment at the discretion of the Court.

5. REPEALING CLAUSE- allows the revocation of the parts or the entirety of the policies previously enacted when found in conflict with the provisions of the newly enacted ordinance. It could be expressed or implied. Example: Section 4. Repealing Clause. All ordinances, rules and regulations or parts thereof, whose provisions are in conflict with, or contrary to, the provisions of this ordinance are hereby repealed, amended or modified accordingly.

6. EFFECTIVITY CLAUSE- period when the ordinance is to be implemented. Example: Section 5. Effectivity. This Ordinance shall take effect 15 days after its publication on a newspaper or general circulation.

ENACTED: __________________, 2010 x--------------------------------------------------------------------------------------------------------------------------------------------x I hereby certify to the correctness of the foregoing Ordinance which was duly enacted by the Sangguniang _________________ during its (regular/special) session held on _________________, 2010. __________________________ Secretary to the Sanggunian ATTESTED AND CERTIFIED TO BE DULY ENACTED:

__________________________ Presiding Officer APPROVED: _______________________, 2010

HON. ______________________________ Mayor/Governor

RESOLUTION- a resolution is the expression of the sentiments; declaration a will; opinion; decision or position being rendered by the members of a deliberative body on certain issues and matters of public interest and having no permanent value but only temporary in character - is merely for the translation of the current business of the municipality and has no permanent value for it deals only with matters of special or temporary character McQuillin, Municipal Corporation, 3rd Ed. P. 53)

Formats of a Resolution 1. Standard Format 2. Commission Format

Example of an Standard Format

Republic of the Philippines Province of Rizal Municipality of Angno OFFICE OF THE SANGGUNIANG BAYAN EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN HELD AT THE SANGGUNIAN SESSION HALL ON ________________, 2010. PRESENT: ABSENT: x-----------------------------------------------------------------------------------------------------------------------------------------------x RESOLUTION NO. ______ A RESOLUTION CONFIRMING THE APPOINTMET OF MR. ________________________ AS MUNICIPAL PLANNING AND DEVELOPMENT COORDINATOR WHEREAS, ___________________________________________________________________ ________________________________; WHEREAS, ___________________________________________________________________ ________________________________; WHEREAS, ___________________________________________________________________ ________________________________;

NOW THEREFORE, on motion duly seconded, (or on motion of _________________ duly seconded by _________________; or on motion of the Chairman of the Committee on Good Governance duly seconded by the members of this committee), it was, RESOLVED , to confirm the appointment issued by the Mayor ___________________ in favor of Mr. _________________________ as Municipal Planning and Development Coordinator RESOLVED FURTHER, to send copies of this resolution to all the officials and offices of the government concerned for their information. ADOPTED. ______________________, 2010. x----------------------------------------------------------------------------------------------------------------------------------------------x I hereby certify to the correctness of the foregoing resolution which was duly adopted by the Sangguniang Bayan during its regular session held on _____________________. 2010:

_______________________________ Secretary to the Sangguniang Bayan ATTESTED AND CERTIFIED TO BE DULY ADOPTED: __________________________________ Presiding Officer

Example of a Commission Format

Republic of the Philippines BARANGAY DOLORES Municipality of Taytay Province of Rizal

OFFICE OF THE SANGGUNIANG BARANGAY In the Matter of Confirming the Appointment of Mr. ________________________ as Municipal Planning and Development Coordinator OR In Re: Appointment of Mr. _________________________ as Municipal Planning and Development Coordinator Promulgated: ______________, 2010 RESOLUTION NO. WHEREAS, ___________________________________________________________________ ____________________________; WHEREAS, ___________________________________________________________________

RESOLVED, to confirm, as it is hereby confirmed, the appointment issued by Mayor ____________________ in favor of Mr. _____________________ as Municipal Planning and Development Coordinator . CONCURRING: __________________________ __________________________ ___________________________ DISSENTING: ____________________________ ABSTAINED: _____________________________ ____________________________ ____________________________ __________________________ __________________________ ___________________________

CERTIFIED TO BE DULY ADOPTED: ___________________________________ Presiding Officer ATTESTED: __________________________________ Secretary to the Sangguniang Bayan

EFFECTS OF AN ORDINANCE ERRONEOUSLY TITLED OR ENACTED AS A RESOLUTION The spirit, rather than the letter, of an ordinance, determines of construction thereof; and the court looks less to the words and more to the context, subject matter, consequence and effect. Even if the statute or charter requires the enactment of an ordinance if a resolution is passed in the manner and with the statutory formality required in the enactment of an ordinance, it will be binding and effective as an ordinance ( Favis vs. City of Baguio 27 SCRA 1960).

LOCAL LEGISLATIVE PROCESS

SESSIONS OF THE SANGGUNIAN Kinds of Sessions

Regular Sessions- At least twice a month for the Sangguniang Barangay Public Sessions- Unless a closed-door session is ordered by an affirmative vote of a majority of the members present, there being a quorum, in the public interest or for reasons of security, decency or morality Special Sessions- A written notice to the members shall be served personally at the member s usual place of residence at least 24 hours before the special session is held

1. PROCEDURAL REQUIREMENTS The following procedural requirements are indispensable (session); Presiding Officer Secretary Quorum Rules of Procedure Order of Business

1. PROCEDURAL REQUIREMENTS The following procedural requirements are indispensable (session); Presiding Officer Secretary Quorum Rules of Procedure Order of Business

Role of the Presiding Officer To call the meeting/session to order To recognize properly the member obtaining the floor or seeking recognition To make rulings particularly on points of order, parliamentary inquiry, requests and other routinary procedural matters To maintain order and proper dequorum To put the pending question to vote and announce the result thereof

To inform the body of each item of business To clarify issues when needed To adjourn the meeting/session properly To perform other duties required of him by the rules of the organization

Role of the Secretary Records the proceedings in the form of a journal or minutes

QUORUM The minimum number, proportion or percentage of members required to be present at a particular meeting of a deliberative body or assembly for it to legally transact business (e.g; one-third 1/3, one-fifth 1/5, one-tenth 1/10)

Computing a Quorum In computing a quorum, the number of members necessary for the purpose should be based on actual membership or incumbents, and limited to actual members who are not incapacitated to discharge their duties by reason of death, removal from office or suspension.

Effect of Lack of Quorum In the absence of a quorum, no business can be transacted with legal effect even with the unanimous consent of those present

Internal Rules of Procedure (Sec.50, 1991 LGC)

 IRP shall be made (adopt or update) starting on the first regular session following the elections of sanggunian members and within 90 days thereafter It shall include the following: Organization of the sanggunian structures/elections/committees to be created; Standing or regular committees; Order and calendar of business for each session; Legislative process; Parliamentary Procedures Disciplinary Actions for the members of the sanggunian Such other rules that the sanggunian may adopt

Internal Rules of Procedure (IRP)

A document containing a set of procedural rules that governs the orderly transaction of business and defining the duties and responsibilities of the officers during the conduct of meetings
MODEL IRP FOR SANGGUNIANS RULE I- COMPOSITION RULE II- POWERS, DUTIES AND FUNCTIONS OF THE SANGGUNIAN RULE III- DUTIES AND RESPONSIBILITIESOF INDIVIDUAL MEMBERS RULE IV- PRESIDING OFFICER RULE V- PRESIDING OFFICER PRO- TEMPORE AND TEMPORARY PRESIDING OFFICER

RULE VI- REGULAR AND SPECIAL SESSIONS RULE VII- QUORUM RULE VII- ORDER OF BUSINESS RULE IX- LEGISLATIVE PROCESS RULE X- VOTES AND VOTING RULE XI- RULES ON DEBATE AND AMENDMENT RULE XII- COMMITTEES Which shall consist of the following: 1. 2. 3. Mandatory Committees Other Standing Committees Ad-Hoc Committees

RULE XII- COMMITTEE REPORTS RULE XIV- JOURNAL AND RECORD OF PROCEEDINGS

RULE XV- RULES ON MOTIONS RULE XVI- DISCIPLINARY ACTIONS RULE XVII- SUSPENSION OF RULES RULE XIX- SUPPLEMENTARY RULES RULE XX- EFFECTIVITY

ORDER OF BUSINESS
LEGISLATIVE BODY Call to Order Roll Call (Optional) Reading and Consideration of Previous Minutes Privilege Hour Question Hour First Reading and Referral Measures or Communications Committee Reports - Standing Committees - Special Committees Calendar of Business - Unfinished Business - Business for the Day - Unassigned Business Adjournment

NON-LEGISLATIVE BODY
Call to Order Roll Call (Optional) Reading and Consideration of Previous Minutes Reports of Standing Committees Reports of Special (or Ad-Hoc) Committees Agenda - Unfinished Business - Business for the Day - New Business Announcement (Optional) Adjournment

2. SUBSTANTIAL REQUIREMENTS (Rules in the Enactment of Ordinances and Resolutions, Art. 147 IRR of R.A. 7160, otherwise known as the Local Government Code) Legislative Actions of a General and Permanent Character ORDINANCE Those which are of temporary characterRESOLUTION Proprietary function and private concernRESOLUTION

Proposed ordinances and resolutions shall be in: writing assigned number title enacting clause date of proposed effectivity explanatory note signed by authors submitted to the secretary

 Any

legislative matter duly certified by the LCE as urgent whether or not it is included in the calendar of business may be presented and considered by the body at the same meeting without need of suspending the rules.
The

secretary to the sanggunian shall prepare copies of the proposed ordinance or resolution in the form it was passed on the 2nd reading and shall distribute to its sanggunian member, a copy thereof except that a measure certified by the LCE concerned as urgent, maybe submitted for the final voting, immediately after debate or amendment during the 2nd reading.

KATARUNGANG PAMBARANGAY (BRGY JUSTICE SYSTEM)

KATARUNGANG PAMBARANGAY Also known as Barangay Justice System (BJS) A community-based dispute mechanism administered by the basic political unit of the country (the barangay) Generally, covers disputes among residents of the same city or municipality

AREGLO SYSTEM

OBJECTIVES OF THE KATARUNGANG PAMBARANGAY

1. To perpetuate and officially recognize the time honored tradition of amicably settling disputes at the barangay level; 2. To promote speedy administration of justice; 3. To implement the constitutional mandate to preserve and develop Filipino culture and to strengthen the family as the basic social institution 4. To relieve the courts of docket congestion caused by the indiscriminate filing of cases; and 5. To enhance the quality of justice dispensed by the courts

COMPOSITION OF THE KATARUNGANG PAMBARANGAY 1. LUPONG TAGAPAMAYAPA (OR LUPON) A body organized in every barangay composed of the Punong Barangay as Chairperson and not less than (10) nor more than (20) members from which the members appointed by the PB Barangay Secretary also acts as the Secretary of the Lupon

DUTIES AND RESPONSIBILITIES 1. LUPON  Exercise administrative supervision over the conciliation panels (Pangkat ng Tagapagkasundo);

DUTIES AND RESPONSIBILITIES  Meet regularly once a month to provide a forum for matters relevant to the amicable settlement of disputes, and to enable various conciliation panel members to share with one another their observations and experiences in effecting speedy resolution of disputes; and

DUTIES AND RESPONSIBILITIES  Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance (LGC, Sec. 402)

DUTIES AND RESPONSIBILITIES 2. PUNONG BARANGAY  Once a vacancy occurs in the Lupon for any cause, the Punong Barangay is tasked to immediately appoint a qualified person to fill the vacancy (LGC Sec. 401)

DUTIES AND RESPONSIBILITIES 3. LUPON SECRETARY  Keep and maintain a record book of all complaints filed with the PB Issue the certification required for filing an Issue results offailure refusalupon certification Record ora the settlement agreedbarring bythe of or any Note thethe proceedings or for court a party to Transmit willful the mediation proceedings the action the willful failure or in  Number from Record certified truethe settlement of a or the complainant them copiesrefusal or arbitration Transmitcopies ofconsecutively in public arbitration a any theorder they proper Furnish theoffice filing award to the witness Issue of case PB; and governmentthe keepsfor issued proceedings comply with and summonscounterclaim Such Receivesthe proper local adjudication. court before the PB; andfiling records of by thein earlier parties to trial court not respondent from a issued by the Punong torecord inwith custodyparties (5)confrontation the complyto court within five certification all the that aand the Punong shall show that local were his a subpoena is not by lawfrom of days awardtrial received in case final report the proper Trial Court Issue aofeleventh takenof place and fifteenth action/counterclaim, Submit acertification by various complainant or submitted to him/her to bar the Pangkats; than parties has failure later than the that a the willful nor the Enter therein the names of  date Barangay declared confidential the parties,as respondent, date thereof; respectively to appear Barangay; and settlement has been reached, otherwise may be; conciliation or as the case the KPof the settlement; day from the provided in date Rules; and time filed, repudiated; but the same has beennature of the case, and disposition

COMPOSITION OF THE KATARUNGANG PAMBARANGAY 2. PANGKAT NG TAGAPAGKASUNDO (OR PANGKAT) A conciliation the Pangkat Constituted? the Lupon How is panel constituted from membership for every dispute brought before the How are the members of the Pangkat determined if the Lupon and consisting for each (3) members. 1.The Pangkat is constitutedof three dispute
parties fail to agree on the Pangkat membership? 2. From the list of the Lupon Members, the parties to a dispute The (10) fail to agree on the Pangkat Pangkat If the partiesto (20) members of themembership,are shall choose (3) members who shall of the parties or in the either chosen by agreement compose the Pangkat the same shall be determined by lots drawn by the Lupon 3. The (3) members constituting the Pangkat shall elect from absence of such agreement, drawn by lot by the ChairmanBarangay, from Punong among themselves a chairman the list of Lupon members and a secretary

DUTIES AND RESPONSIBILITIES 1. LUPON CHAIRMAN

4. Preside over the arbitration hearings, when the parties agree in writing to have the Pangkat arbitrate their dispute; 2. Preside over all hearings conducted by the parties and 1. Issue summons for the personal appearance ofPangkat and and witnesses before theconnection with any matter relating to all administer oaths in Pangkat; 5. Attest the certification issued by the Pangkat Secretary for 3. Attest to thein the implementation of the the proceedings authenticity and due execution of Katarungang filing an action or proceedings in court or any government settlement reached by the parties before the Pangkat; Pambarangay office for adjudication

DUTIES AND RESPONSIBILITIES 1. SECRETARY OF THE PANGKAT

5. Submit copies of the aforesaid minutes to the Lupon Secretary and to the 3. Issue the minutes the willful failure or refusal and cause 1. Note in notices of hearing before the Pangkatof a party to proper Local Trial Court; 7. Issue a certification for barring the complainant from filing a complythe certification required thefiling anthe Pangkat Chairman; or them to be served upon for parties and or proceeding in court with the summons issued by action their witnesses; 6. Issue or the respondent from filing a counterclaim in court in case, 4. Immediately office for adjudication. Such certification settlements 2. any governmenttransmitthe the Lupon Secretary allshall showand in Keep minutes of to proceedings for conciliation that case of willful failure of the complainant or respondent, a confrontation by the Pangkat and have them attested by has agreed upon ofbythe parties and arbitration awards settlement the arbitration the parties took place but no conciliation or rendered by respectively or that no personal confrontation took place through no fault to appear been reached; Chairman the Pangkat Pangkat
can be attributed to the complainant;

BENEFITS Lupon members are entitled to receive honoraria, allowance and other emoluments as may be authorized by law, a barangay, municipal or city ordinance (LGC, Sec. 393). They are deemed persons in authority in their jurisdiction

DISPUTES

WHO MAY BE PARTIES TO BARANGAY CONCILIATION? Only individuals may be parties to proceedings either as complainants respondents the or

CAN JURIDICAL PERSONS BE PARTIES TO THE BARANGAY?  NO. Complaint by or against corporations, partnerships or other juridical identities cannot be filed, received or acted upon in the KP

DISPUTES COGNIZABLE BY THE KATARUNGANG PAMBARANGAY All disputes involving parties who actually reside in the same city or municipality may be subject of the proceedings for amicable settlement in the barangay
If one of the parties to dispute is not an actual resident of the same city or municipality, the same may be filed directly in court or in government agency.

Under what circumstances may residents of the same city or municipality directly file cases in court or in any administrative agency without first undergoing? Although the parties are residents of the same city or municipality, resort to barangay

conciliation proceedings is no longer required in the following instances where urgent legal action is necessary to prevent injustice from being committed or further continued:

A.) In a criminal case where the accused was arrested without a warrant and is under police custody or detention B.) Petitions for habeas corpus by a person illegally deprived of his rightful custody over another or a person illegally deprived of or on acting in his behalf; C.) Actions coupled with provisional remedies such as preliminary injunctions, attachment, delivery of personal property and support during the pendency of the action; D.) When the action may otherwise no longer be filed in court because it may be barred by the Statutes of Limitations.

Can the Lupon take cognizance of civil cases falling under the jurisdiction of regional Trial Court?
Yes. KP Law conferred upon the Lupon the authority to

bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes.
Its obvious intendment was to grant to the Lupon as

broad and comprehensive an authority as possible as would bring about the optimum realization of the aforesaid objectives.

Are acts constituting criminal offense covered by the Katarungang Pambarangay?

Yes. Prior resort to the Lupon is required when the acts constituting criminal offense is punishable by imprisonment of not more than one (1) year or fine of not more than Php 5,000.00. Among the CRIMINAL CASES covered by the KP are:
Alarms and Scandals Abandoning a minor Less serious Physical Injuries
Refer to Essentials of Katarungang Pambarangay by Atty. Pepito F. Yambao, Jr./ p.16-18

DISPUTES OUTSIDE THE JURISDICTION OF THE KATARUNGANG PAMBARANGAY The following disputes are outside the

jurisdiction of the Katarungang Pambarangay: a.) When 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 for which the law prescribes a maximum penalty of imprisonment exceeding one (1) year or a fine exceeding Five Thousand Pesos (Php 5,000.00) D.) Offenses where there is no private offended party E.) Where the dispute involves real properties located in different cities or municipalities F.) Disputes involving parties who actually reside in barangays of different cities or municipalities G.)Such other classes of disputes which the President may determine in the interest of justice or upon the recommendation of the secretary of justice.

Can the courts require the parties to undergo mediation although the dispute is not within the jurisdiction of the Lupon? Yes. The Local Government Code provides that the court in which non-criminal cases not falling within the authority of the Lupon may, at any time before trial, motu proprio refer the case to the Lupon concerned for amicable settlement

Are violations of Rep. Act No. 9262 (Violence Against Women and Children) covered by the Katarungang Pambarangay? No. Sec. 33 of Rep. Act NO. 9262 specifically provides that the mediation, conciliation or arbitration proceedings in the Katarungang Pambarangay shall not apply.

Should disputes involving an employer and an employee residing in the same city or municipality be referred to barangay conciliation proceedings? No. The Labor Code grants original and exclusive jurisdiction over the conciliation and mediation of disputes, grievances or problems in the regional offices of the Department of Labor and Employment

VENUE ACTIONS

Where must settlement?

the

dispute

be

brought

for

A.) Involving parties residing in the same barangay

Settlement is done their respective barangay

B.) Involving parties in different barangays

 Parties in different barangays in the same city or

municipality, settlement should be in the barangay where the respondent or any one of the respondents actually resides, at the choice of the complainant

C.) Involving Real Property Settlement shall be brought in the

barangay where the real property or larger portion thereof is situated.

However, this rule is applicable only, when the parties are residents of the same city/municipality

D.) Disputes arising at the workplace or educational institutions

Disputes arising at the workplace where the

contending parties are employed or at the institution where such parties are enrolled for study, shall be brought in the barangay where such workplace or institution is located This rule however, presupposes that the parties are residents of the same city or municipality, although the workplace or institution be located in different city or municipality.

Can an objection to the venue of the dispute be waived? Yes. An objection to venue of the dispute is deemed waived when not raised in the mediation proceedings before the Punong Barangay

NATURE OF PROCEEDINGS IN THE BARANGAY

HOW IS THE MATTER INITIATED BY THE KATARUNGANG PAMBARANGAY? A matter is initiated for Barangay conciliation proceedings by: 1. Filing of written or verbal complaint to the Punong Barangay; and 2. Payment of appropriate filing fee

How are the conducted?

proceedings

before

the

KP

All proceedings in the KP are public and informal. However, the Lupon chairman or the Pangkat chairman, as the case may be, may motu propio or upon request of a party, exclude the public from the proceedings in the interest of privacy, decency or public morals

Can a party appoint a lawyer or a representative to represent him/her in proceedings before the KP? No. In all KP proceedings, the parties must appear in person without the assistance of counsel or

representative, except for minors and incompetents who may be assisted by their next-of-kin who are not lawyers

Who are considered minors for purposes of KP? Persons below 18 years old Who are considered incompetents for purposes of the KP?
Those suffering the penalty of civil interdiction Hospitalized lepers Prodigals Deaf and dumb who are unable to communicate Those who are of unsound mind, even though they have lucid intervals; and persons who are not of unsound mind but by reason of age, disease, weak mind, and other similar causes, cannot, without outside aid, take care of themselves and manage their property, becoming thereby an easy prey for deceit and exploitation

Who may be considered as next-of-kin of a minor or an incompetent? A relative or a responsible friend with whom the minor or incompetent lives. What is the rationale for the requirement for personal appearance of the parties? To enable the Lupon to secure firsthand and direct information about the facts and the issues

PROCEEDINGS BARANGAY

BEFORE

THE

PUNONG

What steps should the Punong Barangay take upon the receipt of the written or verbal complaint?
If the complaint is verbal, the PB has the duty to put the

same into writing. Then, acting as the Lupon chairman, the PB must, within the next working day, summon the respondent(s), with notice to the complainant(s) for them and their witnesses to appear before him for a mediation of their conflicting interests

What are the consequences if the complainant does not appear on date set by the PB for mediation, conciliation or arbitration?

If the complainant does not appear on the date set for conciliation, mediation, or arbitration, the PB shall set a hearing, with notice to the complainant, requiring him to If, after said hearing, the Punong Barangay finds that explain: the(a)Why heof the complainant was for noset for mediation, absence failed to appear on the date justifiable reason, conciliation or arbitration his complaint may be dismissed. He shall also be barred from (b)Why his complaint should not be dismissed; seeking judicial recourse to bar samefilling ofofhis action that action as in (c) Why a certificate for the the cause court/government office should not be issued; and dismissed (d) Why contempt proceedings should not be initiated in court for willful failure or refusal to appear before the Punong Barangay

What are the consequences if the respondent does not appear on the date set by the Punong Barangay for conciliation, mediation or arbitration?

If the respondent does not appear on the date set for After the said hearing, if the Punong Barangay finds conciliation, mediation or arbitration, the Punong Barangay that the absence of the respondent is unjustified ,any shall set a hearing, with notice to the respondent, requiring him counterclaim he makes that arises from or is necessarily to explain: (a) Why his counterclaim (if any) arising from the connected with complainants action, may be dismissed. complaint should not be dismissed; (b) Why a certificate to bar Such dismissal, ordered by the Punong Barangay, shall be the filing of said counterclaim in court/government office certified to by the Lupon Secretary, and shall bar the should not be issued; and (c) Why contempt proceedings respondent from filing such counterclaim in court or any should not be initiated in court for willful failure or refusal to government office for adjudication. appear before the Punong Barangay.

Can the Punong Barangay cause the issuance of a certificate to file actions if he finds, after hearing, that the absence of the respondent in the date set for mediation, conciliation or arbitration is not justified?

No. The Katarungang Pambarangay Rules specifically provide that upon determination that absence of the respondent on the date set for mediation, conciliation or arbitration is not justified, the Punong Barangay must then immediately constitute the Pangkat. This supersedes the previous rule allowing the issuance of a certificate to file action solely on that basis.`

What should the Punong Barangay do if he fails in his mediation efforts?

If the Punong Barangay fails in his mediation efforts within fifteen (15) days from the first meeting of the parties before him, he is required to set a date for the constitution of the Pangkat. However, in a recent case, the Supreme Court ruled that the certificate to file action issued after conciliation meetings were actually conducted by the Punong Barangay, but without proceedings with the constitution of the Pangkat, is a substantial compliance with the Katarungang Pabarangay Law.

Are parties required to be present on the date set for the constitution of Pangkat? Yes. The parties are required to be present on the date set for the constitution of the Pangkat.

What are the consequences if the complainant fails to appear on the date set for the constitution of the Pangkat? For failure of the complainant to appear on the date for the constitution of the Pangkat, the Punong Barangay can; (1) dismiss the complaint; (2) direct the issuance of and attest to the certification to bar the filing of the action in court or any government office; and (3) apply with the local trial court for punishment of the recalcitrant party as for in direct contempt of court.

What are the consequences if the respondent fails to appear on the date set for the constitution of the Pangkat? For the failure of the respondent to appear for the constitution of the Pangkat, the Punong Barangay can; (1) dismiss the respondents counterclaim; (2) direct the issuance of and attest to the certification to bar the filing of respondents counterclaim in court/government office; (3) apply with the local trial court for punishment of the recalcitrant party as for indirect contempt of the court; and (4) proceed with the constitution of the Pangkat by drawing of lots.

PROCEEDINGS BEFORE THE PANGKAT

When should the Pangkat convene on disputes referred by the Punong Barangay? The Pangkat shall convene not later than three (3) days from its constitution on the day and hour set by the Lupon Chairman, to hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable settlement. For this purpose, the Pangkat may issue summons for the personal appearance of the parties and the witnesses.

What are the consequences if the complainant fails to appear before the Pangkat ng Tagapagkasundo? In case the complainant fails to appear for conciliation, the Pangkat the Pangkat Chairman shall set a date for him to appear before him to explain the reason for his failure to appear at the hearing. If he finds after hearing that the failure of the complainant to appear is without justifiable reason, he shall;

(1) dismiss the complainant; (2) direct the issuance of and attest to the certification to bar the filing of the action in court or any government office, and (3) apply with the local trial court for punishment of the recalcitrant party as for indirect contempt of court.

What are the consequences if the respondent fails to appear before the Pangkat ng Tagapagkasundo? In case of similar willful failure or refusal of the respondent to appear for conciliation before the Pangkat, its Chairman, shall; [1] dismiss the respondents counterclaim;

(2) direct the issuance of and attest to the certification: (a) to bar the filing of respondents counterclaim in court/government office; and (b) to file complainants action in court/government office; and (3) apply with the local trial court for punishment of the recalcitrant court. party as for indirect contempt of

What is the period given to the Pangkat to arrive at a settlement? The Pangkat is given a period of fifteen (15) days from the day it convenes to arrive at a settlement or resolution of the dispute. This period is extendible, at the discretion of the Pangkat, for another period which shall not exceed fifteen (15) days, except in clearly meritorious cases.

What happens if the parties fail to arrive at a settlement after mediation/conciliation with the Pangkat? If no agreement is reached before the Pangkat, a certification to file action is issued.

ARBITRATION PROCEEDINGS When may parties resort to arbitration? The parties may, at any stage of the proceedings, agree in writing to have the matter in dispute decided by arbitration by either the Punong Barangay or the Pangkat.

Is an agreement to arbitrate signed by the lawyers of the parties binding? No. An agreement to arbitrate signed by lawyers of the parties is not binding.

What procedure is followed when the parties agree to resort to arbitration? The arbitrational hearings shall follow the formal order of adjudicative trials.

Can an agreement to arbitrate be repudiated? Yes. Any aggrieved party to an agreement for arbitration may, within five [5] days from days thereof, repudiate the same by filing with the Punong Barangay or the Pangkat Chairman, as the case may be, a statement sworn to before either of them repudiating the agreement on the ground that his consent thereto was obtained and vitiated by fraud, violence or intimidation.

What is the consequence if a party fails to repudiate the agreement to arbitrate? The failure a party to repudiate the arbitration agreement within five (5) days is deemed a waiver of his right to challenge validity of the said agreement on the ground that his consent is obtained and vitiated by fraud, violence or intimidation.

When must the Punong Barangay or the Pangkat render an arbitral award? The Punong Barangay or the Pangkat must render an arbitral award after the lapse of the period for repudiation and within ten (10) days thereafter. In other words, the arbitration awards must be made not earlier than the sixth day but not later than the fifteenth day following the date of the agreement.

AMICABLE SETTLEMENT AND ARBITRATION AWARD What should be the form of an amicable settlement or an arbitration award? All settlements obtained through mediation or conciliation must be; (a) in writing; (b) in a language or dialect known to the parties;

(c) signed by the parties; and (d) attested by the Punong Barangay or Pangkat Chairman, as the case may be, that such

settlement was agreed upon by the parties freely and voluntarily, after a full understanding of its terms and an intelligent awareness of the legal consequences thereof.

What should be the form of an arbitration award? All settlements obtained through mediation or conciliation must be; (a) in writing; (b) in a language or dialect known to the parties; (c) signed by the parties; and (d) signed by the Punong Barangay or all the members of the Pangkat, as the case may be.

What is the effect of amicable settlement or arbitration award? The amicable settlement or arbitration award has the force and effect of a final judgment of a court upon the expiration of ten (10) days from the date thereof.

Unless repudiation of the settlement has been made or a petition to nullify the award has been filed before the proper city or municipal court. This rule, however, does not apply to court cases settled by the Lupon.

In which case the compromise settlement agreed upon by the parties before the Lupon chairman or the Pangkat chairman shall be submitted to the court;  and upon approval thereof, have the force and effect of a judgment of said court.

REPUDIATION OF COMPROMISE AGREEMENT/ NULLIFICATION OF ARBITRATION AWARD What are the grounds for the repudiation of a compromise agreement? A compromise agreement may be repudiated when the consent of a party is vitiated by (a) fraud; (b) violence; or (c) intimidation

How does a party repudiate a compromise agreement? A party whose consent is vitiated may file a sworn statement before the Punong Barangay alleging the acts of fraud, violence or intimidation committed against him, within ten (10) days from the date of settlement.

What is the effect of repudiation? Repudiation of the compromise agreement is a sufficient basis for the issuance of a

certification for filing action in court or in any government agency.

Can a party repudiate an arbitral award? No. Repudiation presupposes the existence of an agreement. Unlike a settlement obtained through mediation or conciliation which is dependent on the consent of parties, an arbitration award is akin to a judgment rendered by either the Punong Barangay or the Pangkat after considering the evidence

presented by the parties.

What is the remedy of a party if he does not conform to the arbitration award? A party may file a petition for nullification of the arbitration award before the proper city or municipal court.

EXECUTION OF COMPROMISE AGREEMENT/ ARBITRATION AWARD How is a compromise agreement arbitration award enforced? or an

The amicable settlement or arbitration award may be enforced by execution in the Lupon within six (6) months from the date of settlement. After the lapse of such time, the settlement may be enforced by action in the appropriate city or municipal court.

How is the period of six (6) months for the enforcement of compromise agreement/ arbitration award in the Lupon computed? It depends on the nature of the obligation. (a) If the obligation in the settlement/award to be enforced is due and demandable on the date of the settlement/award, the six month period should be counted from the date of the settlement/award.

(b) If the obligation to be enforced is due and demandable on a date other than the date of the settlement, the six-month period should be counted from the date the obligation becomes due and demandable.

(c) If the settlement/award consists of an obligation on the part of a party to refrain from doing something, the six-month

reglamentary period to enforce the compromise settlement in the Lupon is reckoned from the date the violation of the compromise agreement occurred. It would be absurd to require a party to move for execution within the period of six (6) months from settlement, when there was no violation yet of the compromise agreement. He is not in a position to anticipate when the violation of the compromise agreement would occur, and would only be in a position to enforce the compromise agreement only upon its violation.

What steps are to be undertaken to enforce a compromise agreement or the arbitration award in the Lupon? The following steps must be undertaken to enforce a compromise agreement or arbitration award in the Lupon: (a)The person seeking enforcement of the agreement or award must file a motion with the Punong Barangay for the execution of a final settlement or award which has not been complied with. The other party must be furnished a copy the said motion.

(b) On the day the motion for execution is filed, the Punong Barangay shall set the same for hearing on a date agreed to by the movant, which shall not be later than five (5) days from the date of the filing of the motion. The Punong Barangay shall give immediate notice of hearing to the other party.

(c) During the

hearing, the Punong Barangay

shall ascertain the fact of non-compliance with the terms of the settlement or award. Upon such determination of non-compliance, the Punong Barangay shall strongly urge the party obliged to voluntarily comply with the settlement or award.

(d) Within five (5) days from the day of the hearing, the Punong Barangay shall determine whether or not voluntary compliance can be secured. (e) If there is no voluntary compliance upon the lapse of the five days, the Punong Barangay shall issue a

notice of execution in the name of the Lupong Tagapamayapa. The said notice must intelligently refer to the settlement or award and the amount actually due thereunder if it be for money, or the terms thereof which must be complied with.

What are the procedures for execution of settlement or award involving payment of money? (a)The party obliged to pay is allowed a period of five (5) days within which to make voluntary payment. (b)If the party obliged to pay fails to make voluntary payment, the Punong Barangay shall take

possession of sufficient personal property located in the barangay of the party obliged, for purposes of conducting an auction sale.

(c)If the sufficient personal property exists, the party obliged is allowed to point out which of them shall be taken possession of ahead of others. (d)If personal property is not sufficient to satisfy the settlement or award, the deficiency shall be satisfied in accordance with the applicable

provision of the Rules of Court.

What is the procedure to execute a settlement or award involving delivery or restitution of property located in the barangay? If the award or agreement is for the delivery or restitution of property located in the barangay, the Punong Barangay shall oust therefrom the persons against whom the settlement or award is rendered and place the party entitled thereto in possession of such property.

What is the procedure to execute a settlement or award involving delivery or restitution of property located in another barangay? If the agreement or award requires the delivery or restitution of property located in another barangay of the same city or municipality, the Punong Barangay issuing the notice shall authorize the Punong Barangay of the barangay where the property is situated to take possession o the property and to place the party entitled thereto in possession of such property.

What is the procedure to execute a settlement or award which involves directing a party to sign or perform other specific acts? If the settlement or award directs a party to execute a conveyance of land, or to deliver deeds or other documents, or to perform any other specific act, and the party fails to comply within the time specified, the Punong Barangay may direct the Lupon Secretary to perform the act at the cost of the disobedient party and the act when so done shall have the like effects as if done by the party.

Assuming that one party violated the compromise agreement, does the aggrieved party have an options other than the execution procedures in the Katarungang Pambarangay Law? Yes. Apart from the execution procedures in the Katarungang Pambarangay Law, the aggrieved party can rescind the compromise agreement, and file an action in court claiming his original demands.

QUESTIONS, PLEASE & OPEN FORUM

__________________________________________ References: 1. Essentials of Katarungang Pambarangay by: Atty. Vincent F. Yambao, Jr. 2. Gabay Para Sa Kasanayan ng Barangay by: DILG/PPSC/LGA 3. A Guide to the Local Government Code of 1991 4. Aspects of JURISDICTION by: Dean Honorato Y. Aquino 2003 edition

LET US ALWAYS BE REMINDED THAT

GOOD GOVERNANCE demands that our people be not given only with the service they deserve, but a service accompanied with good results..

Responsableng Bayan, Responsableng Mamamayan RONALD R.BARCENA

PUBLIC SERVANT

MARAMING SALAMAT! 0920-9017771 rb_1antipolo@yahoo.com