Katarungang Pambarangay Reviewer

Study list: all 46 questions

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1. 1Who composes the lupong tagapamayapa of a barangay?

   ✓ The punong barangay as chairman and ten (10) to twenty (20) members

   Sec. 399(a): the lupon is composed of the punong barangay, as chairman, and ten (10) to twenty (20) members, and is constituted every three (3) years.

   RA 7160, Sec. 399(a) · Read the law

2. 2How often is the lupon constituted?

   ✓ Every three (3) years

   Sec. 399(a) provides that the lupon shall be constituted every three (3) years in the manner provided in the Chapter.

   RA 7160, Sec. 399(a) · Read the law

3. 3Who may be appointed a member of the lupon?

   ✓ Any person actually residing or working in the barangay, not disqualified by law, with integrity, impartiality, independence of mind, fairness, and a reputation for probity

   Sec. 399(b): any person actually residing or working in the barangay, not otherwise expressly disqualified by law, and possessing integrity, impartiality, independence of mind, sense of fairness, and reputation for probity may be appointed a lupon member.

   RA 7160, Sec. 399(b) · Read the law

4. 4Within how many days from the start of his term must the punong barangay prepare the notice to constitute the lupon?

   ✓ Within the first 15 days

   Sec. 399(c): the notice to constitute the lupon, including the names of proposed members who have expressed willingness to serve, is prepared by the punong barangay within the first fifteen (15) days from the start of his term of office.

   RA 7160, Sec. 399(c) · Read the law

5. 5Where and for how long must the notice to constitute the lupon be posted?

   ✓ In three conspicuous places in the barangay, continuously for not less than three weeks

   Sec. 399(c): the notice shall be posted in three (3) conspicuous places in the barangay continuously for a period of not less than three (3) weeks.

   RA 7160, Sec. 399(c) · Read the law

6. 6After the posting period, within how many days must the punong barangay appoint the lupon members, and in what form?

   ✓ Within 10 days, in writing, signed by the punong barangay and attested by the barangay secretary

   Sec. 399(d): considering any opposition or recommendations made during the posting, the punong barangay shall within ten (10) days thereafter appoint those he determines suitable. Appointments are in writing, signed by the punong barangay, and attested to by the barangay secretary.

   RA 7160, Sec. 399(d) · Read the law

7. 7In barangays where most inhabitants belong to indigenous cultural communities, how are disputes settled?

   ✓ Local systems through their councils of datus or elders are recognized, without prejudice to the Code

   Sec. 399(f): in barangays where the majority of inhabitants are members of indigenous cultural communities, local systems of settling disputes through their councils of datus or elders are recognized without prejudice to the applicable provisions of the Code.

   RA 7160, Sec. 399(f) · Read the law

8. 8How may a lupon member's appointment be withdrawn before a new lupon is constituted?

   ✓ By the punong barangay with the concurrence of the majority of all the lupon members

   Sec. 400: a lupon member holds office until a new lupon is constituted on the third year, unless sooner terminated by resignation, transfer of residence or place of work, or withdrawal of appointment by the punong barangay with the concurrence of the majority of all the lupon members.

   RA 7160, Sec. 400 · Read the law

9. 9Before whom does a newly appointed lupon member take the oath of office?

   ✓ The punong barangay

   Sec. 400: upon appointment, each lupon member shall take an oath of office before the punong barangay.

   RA 7160, Sec. 400 · Read the law

10. 10If a vacancy occurs in the lupon, who fills it and for how long?

    ✓ The punong barangay immediately appoints a qualified person to serve the unexpired portion of the term

    Sec. 401: should a vacancy occur in the lupon for any cause, the punong barangay shall immediately appoint a qualified person who holds office only for the unexpired portion of the term.

    RA 7160, Sec. 401 · Read the law

11. 11How often must the lupon meet regularly?

    ✓ Once a month

    Sec. 402(b): the lupon meets regularly once a month to provide a forum for exchanging ideas on the amicable settlement of disputes and to let conciliation panel members share observations and experiences.

    RA 7160, Sec. 402(b) · Read the law

12. 12Who serves as secretary of the lupon?

    ✓ The barangay secretary, concurrently

    Sec. 403: the barangay secretary concurrently serves as secretary of the lupon, records the results of mediation before the punong barangay, submits reports to the proper city or municipal court, and keeps the records of the conciliation panels.

    RA 7160, Sec. 403 · Read the law

13. 13How many members make up the pangkat ng tagapagkasundo, and how are they chosen?

    ✓ Three members, chosen by the parties to the dispute from the list of lupon members

    Sec. 404(a): for each dispute a pangkat of three (3) members is constituted, chosen by the parties from the list of lupon members. If the parties cannot agree, the membership is determined by lots drawn by the lupon chairman.

    RA 7160, Sec. 404(a) · Read the law

14. 14If the parties cannot agree on who will sit in the pangkat, how is it decided?

    ✓ By lots drawn by the lupon chairman

    Sec. 404(a): should the parties fail to agree on the pangkat membership, the same shall be determined by lots drawn by the lupon chairman. The same rule applies to vacancies in the pangkat under Sec. 405.

    RA 7160, Sec. 404(a) · Read the law

15. 15Who chooses the chairman and secretary of the pangkat?

    ✓ The three pangkat members elect them from among themselves

    Sec. 404(b): the three members of the pangkat elect from among themselves the chairman and the secretary. The pangkat secretary prepares the minutes and serves notices to the parties.

    RA 7160, Sec. 404(b) · Read the law

16. 16Are lupon and pangkat members paid for their service?

    ✓ They serve without compensation, but are deemed on official time and may receive incentives and the benefits under Sec. 393

    Sec. 406(b): lupon or pangkat members serve without compensation except as provided in Sec. 393 and without prejudice to DILG incentives. While performing their duties they are deemed on official time and shall not suffer any diminution in compensation from their employment.

    RA 7160, Sec. 406(b) · Read the law

17. 17When the punong barangay or a pangkat faces a question of law, who renders legal advice?

    ✓ The provincial or city legal officer or prosecutor, or the municipal legal officer

    Sec. 407: the provincial, city legal officer or prosecutor, or the municipal legal officer shall render legal advice on matters involving questions of law to the punong barangay or any lupon or pangkat member whenever necessary.

    RA 7160, Sec. 407 · Read the law

18. 18As a general rule, the lupon has authority to bring together for amicable settlement parties who actually reside where?

    ✓ In the same city or municipality

    Sec. 408: the lupon of each barangay has authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes, subject to the listed exceptions.

    RA 7160, Sec. 408 · Read the law

19. 19Which offenses are outside the lupon's authority for amicable settlement?

    ✓ Offenses punishable by imprisonment exceeding one year or a fine exceeding ₱5,000

    Sec. 408(c) excludes offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos (₱5,000.00). Offenses with no private offended party are also excluded under Sec. 408(d).

    RA 7160, Sec. 408(c) · Read the law

20. 20A resident wants to file a complaint against the municipal government at the barangay. Can the lupon take it?

    ✓ No. Disputes where one party is the government or any of its subdivisions or instrumentalities are excluded

    Sec. 408(a) excludes disputes where one party is the government, or any subdivision or instrumentality thereof, and Sec. 408(b) excludes disputes with a public officer or employee relating to the performance of official functions.

    RA 7160, Sec. 408(a)-(b) · Read the law

21. 21Parties live in barangays of different cities or municipalities. When may the lupon still settle their dispute?

    ✓ When the barangays adjoin each other and the parties agree to submit their differences to an appropriate lupon

    Sec. 408(f) excludes disputes between parties who actually reside in barangays of different cities or municipalities, except where such barangays adjoin each other and the parties agree to submit their differences to amicable settlement by an appropriate lupon.

    RA 7160, Sec. 408(f) · Read the law

22. 22A non-criminal case not covered by the lupon's authority is already filed in court. May the court still send it to the barangay?

    ✓ Yes. At any time before trial, the court may motu proprio refer the case to the lupon for amicable settlement

    The last paragraph of Sec. 408: the court in which non-criminal cases not falling within the lupon's authority are filed may, at any time before trial, motu proprio refer the case to the lupon concerned for amicable settlement.

    RA 7160, Sec. 408 · Read the law

23. 23The parties live in different barangays of the same municipality. Where is the dispute brought?

    ✓ In the barangay where the respondent or any of the respondents actually resides, at the election of the complainant

    Sec. 409(b): disputes involving actual residents of different barangays within the same city or municipality are brought in the barangay where the respondent or any of the respondents actually resides, at the election of the complainant.

    RA 7160, Sec. 409(b) · Read the law

24. 24Where is a dispute involving real property brought for amicable settlement?

    ✓ In the barangay where the real property or the larger portion of it is situated

    Sec. 409(c): all disputes involving real property or any interest therein are brought in the barangay where the real property or the larger portion thereof is situated.

    RA 7160, Sec. 409(c) · Read the law

25. 25Two co-workers have a dispute that arose at their workplace. Where is it brought?

    ✓ In the barangay where the workplace is located

    Sec. 409(d): disputes arising at the workplace where the parties are employed, or at the institution where they are enrolled for study, are brought in the barangay where such workplace or institution is located.

    RA 7160, Sec. 409(d) · Read the law

26. 26When must an objection to venue be raised, and what happens if it is not?

    ✓ During the mediation before the punong barangay; otherwise it is deemed waived

    Sec. 409: objections to venue shall be raised in the mediation proceedings before the punong barangay; otherwise, they are deemed waived. Legal questions on venue may be submitted to the Secretary of Justice, whose ruling is binding.

    RA 7160, Sec. 409 · Read the law

27. 27How does a person start katarungang pambarangay proceedings?

    ✓ By complaining, orally or in writing, to the lupon chairman of the barangay, upon payment of the appropriate filing fee

    Sec. 410(a): upon payment of the appropriate filing fee, any individual with a cause of action against another individual involving a matter within the lupon's authority may complain, orally or in writing, to the lupon chairman of the barangay.

    RA 7160, Sec. 410(a) · Read the law

28. 28After receiving a complaint, when must the lupon chairman summon the respondent for mediation?

    ✓ Within the next working day

    Sec. 410(b): upon receipt of the complaint, the lupon chairman shall 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 mediation.

    RA 7160, Sec. 410(b) · Read the law

29. 29How long does the punong barangay have to mediate before the pangkat must be constituted?

    ✓ Fifteen (15) days from the first meeting of the parties before him

    Sec. 410(b): if the lupon chairman fails in his mediation effort within fifteen (15) days from the first meeting of the parties before him, he shall forthwith set a date for the constitution of the pangkat.

    RA 7160, Sec. 410(b) · Read the law

30. 30Filing a complaint with the punong barangay interrupts the prescriptive period of the offense or cause of action. What is the maximum length of that interruption?

    ✓ Sixty (60) days from the filing of the complaint

    Sec. 410(c): the prescriptive periods are interrupted upon filing the complaint with the punong barangay and resume upon receipt of the certificate of repudiation or certification to file action, but the interruption shall not exceed sixty (60) days from the filing of the complaint.

    RA 7160, Sec. 410(c) · Read the law

31. 31Within how many days from its constitution must the pangkat convene?

    ✓ Not later than three (3) days

    Sec. 410(d): 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.

    RA 7160, Sec. 410(d) · Read the law

32. 32A party moves to disqualify a pangkat member for bias. Who decides, and is the decision appealable?

    ✓ The pangkat decides by the affirmative vote of its majority, and its decision is final

    Sec. 410(d): a motion to disqualify a pangkat member by reason of relationship, bias, interest, or similar grounds discovered after constitution is resolved by the affirmative vote of the majority of the pangkat, whose decision is final. The resulting vacancy is filled as provided in the Chapter.

    RA 7160, Sec. 410(d) · Read the law

33. 33How long does the pangkat have to arrive at a settlement, and may the period be extended?

    ✓ Fifteen (15) days from the day it convenes, extendible at its discretion for another period not exceeding fifteen (15) days

    Sec. 410(e): the pangkat shall arrive at a settlement within fifteen (15) days from the day it convenes. The period is extendible, at the pangkat's discretion, for another period not exceeding fifteen (15) days, except in clearly meritorious cases.

    RA 7160, Sec. 410(e) · Read the law

34. 34What form must an amicable settlement take?

    ✓ In writing, in a language or dialect known to the parties, signed by them, and attested to by the lupon chairman or pangkat chairman

    Sec. 411: all amicable settlements shall be in writing, in a language or dialect known to the parties, signed by them, and attested to by the lupon chairman or the pangkat chairman, as the case may be.

    RA 7160, Sec. 411 · Read the law

35. 35What must happen before a complaint within the lupon's authority may be filed in court?

    ✓ A confrontation between the parties before the lupon chairman or the pangkat, and a certification that no settlement was reached (or the settlement was repudiated)

    Sec. 412(a): no complaint, petition, action, or proceeding involving a matter within the lupon's authority shall be filed in court or any government office unless there has been a confrontation before the lupon chairman or the pangkat and no settlement was reached, as certified by the lupon or pangkat secretary and attested by the chairman, or the settlement was repudiated.

    RA 7160, Sec. 412(a) · Read the law

36. 36In which situation may the parties go directly to court without passing through the barangay?

    ✓ Where the accused is under detention

    Sec. 412(b) allows direct resort to court where the accused is under detention; where a person is deprived of liberty calling for habeas corpus; where actions are coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property, or support pendente lite; and where the action may be barred by the statute of limitations.

    RA 7160, Sec. 412(b) · Read the law

37. 37The parties agree in writing to abide by the arbitration award of the pangkat. Within how many days may they repudiate that agreement, and when is the award made?

    ✓ Repudiation within 5 days from the agreement; the award is made after that period and within 10 days thereafter

    Sec. 413(a): the agreement to arbitrate may be repudiated within five (5) days from its date for the same grounds and procedure as repudiation of a settlement. The arbitration award is made after the lapse of the repudiation period and within ten (10) days thereafter.

    RA 7160, Sec. 413(a) · Read the law

38. 38Are katarungang pambarangay proceedings open to the public?

    ✓ Yes, they are public and informal, but the lupon or pangkat chairman may exclude the public in the interest of privacy, decency, or public morals

    Sec. 414: all proceedings for settlement shall be public and informal, provided that the lupon chairman or pangkat chairman may, motu proprio or upon request of a party, exclude the public in the interest of privacy, decency, or public morals.

    RA 7160, Sec. 414 · Read the law

39. 39May a party bring a lawyer to katarungang pambarangay proceedings?

    ✓ No. Parties must appear in person without counsel or representative, except minors and incompetents, who may be assisted by next-of-kin who are not lawyers

    Sec. 415: in all katarungang pambarangay 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.

    RA 7160, Sec. 415 · Read the law

40. 40When does an amicable settlement or arbitration award acquire the force and effect of a final judgment of a court?

    ✓ Upon the expiration of ten (10) days from its date, unless repudiated or a petition to nullify the award is filed in court

    Sec. 416: the amicable settlement and arbitration award have 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.

    RA 7160, Sec. 416 · Read the law

41. 41For how long may the lupon itself enforce an amicable settlement by execution, and what happens after that?

    ✓ Within six (6) months from the date of the settlement; afterwards it may be enforced by action in the city or municipal court

    Sec. 417: the amicable settlement or arbitration award may be enforced by execution by the lupon within six (6) months from the date of the settlement. After that time, the settlement may be enforced by action in the appropriate city or municipal court.

    RA 7160, Sec. 417 · Read the law

42. 42On what grounds, and within what period, may a party repudiate an amicable settlement?

    ✓ Where consent was vitiated by fraud, violence, or intimidation, within ten (10) days from the settlement, by a sworn statement filed with the lupon chairman

    Sec. 418: any party may, within ten (10) days from the date of the settlement, repudiate it by filing with the lupon chairman a statement sworn to before him, where consent is vitiated by fraud, violence, or intimidation. Repudiation is sufficient basis for the certification to file a complaint in court.

    RA 7160, Sec. 418 · Read the law

43. 43Within how many days must the lupon secretary transmit the settlement or arbitration award to the city or municipal court?

    ✓ Within five (5) days from the date of the award or from the lapse of the ten-day repudiation period

    Sec. 419: the lupon secretary transmits the settlement or arbitration award to the appropriate city or municipal court within five (5) days from the date of the award or from the lapse of the ten-day period for repudiating the settlement, and furnishes copies to each party and the lupon chairman.

    RA 7160, Sec. 419 · Read the law

44. 44Who is authorized to administer oaths in katarungang pambarangay proceedings?

    ✓ The punong barangay as lupon chairman, and the members of the pangkat

    Sec. 420: the punong barangay, as chairman of the lupong tagapamayapa, and the members of the pangkat are authorized to administer oaths in connection with any matter relating to katarungang pambarangay proceedings.

    RA 7160, Sec. 420 · Read the law

45. 45Who promulgates the rules and regulations implementing the katarungang pambarangay, and who oversees its administration locally?

    ✓ The Secretary of Justice issues the rules; the city or municipal mayor sees to its efficient implementation

    Sec. 421: the city or municipal mayor sees to the efficient and effective implementation and administration of the katarungang pambarangay, and the Secretary of Justice promulgates the rules and regulations necessary to implement the Chapter.

    RA 7160, Sec. 421 · Read the law

46. 46Whose annual budget must provide the amount necessary for the effective implementation of the katarungang pambarangay?

    ✓ The city or municipality concerned

    Sec. 422: such amount as may be necessary for the effective implementation of the katarungang pambarangay shall be provided for in the annual budget of the city or municipality concerned.

    RA 7160, Sec. 422 · Read the law