Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _313 1

Introduced by Representative MARLYN PRIMICIAS-AGABAS

EXPLANATORY NOTE

The katarungang pambarangay or the barangay justice system was introduced
in the Local Government Code of 1991 and has been instrumental in resolution of
disputes more accessible to the people, especially the poor, and in the decongesting
of court dockets. Indeed, the system has been a vital tool in the delivery of justice at
the grassroots level.

With the passage of time, the katarungang pambarangay system needs to be
strengthened in order to effectively and efficiently address the proper amicable
settlements within the barangays to achieve the purposes for which the law was
created.

It is then proposed for the expansion of the subject matter for amicable
settlements for offenses punishable by imprisonment not exceeding two (2) years
from the original one (1) year or a fine not exceeding ten thousand pesos
(P10,000.00) from the original five thousand pesos (P5,000.00). Furthermore, it is
proposed that the lupon be given additional functions or powers such as to adopt
guidelines on the conduct of amicable settlements and to request the assistance of
any department, bureau, office, or agency of the government in the performance of
its functions. The same power to request the assistance of any department, bureau,
office, or agency is also given to the pangkat.

The objective of de-clogging the court dockets, settling of disputes in a non-
adversarial manner thereby maintaining peace within the barangay, and providing
assistance to the lupon and pangkat to enforce its summons or resolutions will go a
long way in the enhancement of our katarungang pambarangay system.

In view of the foregoing, the immediate passage of this bill is earnestly sought,

)
tool /
MARLYN PRIMIGIAS-AGABAS
6" District, Pangasinan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

1
HOUSE BILL NO. 3131

Introduced by Representative MARLYN PRIMICIAS-AGABAS

AN ACT
STRENGTHENING THE KATARUNGANG PAMBARANGAY SYSTEM,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7160, OTHERWISE
KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Section 408 of Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, is hereby amended to read as follows:

“SEC. 408. Subject Matter for Amicable Settlement; Exception
‘Thereto. - 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:

XXX

(© Offenses punishable by imprisonment exceeding two (2)
years or a fine exceeding Ten thousand pesos (P10,000.00);

XXX

SECTION 2. Section 402 of the same Act is hereby amended to read as
follows:

“SEC. 402. Functions of the Lupon. - The lupon shall: (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 conciliation
panel members to share with one another their observations and
experiences in effecting speedy resolution of disputes; (and)

(c) Adopt guidelines on the conduct of amicable settlements;

(@) Request the assistance of any department, bureau, office, or
agency of the government in the performance of its functions; and

(€) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.”


SECTION 3. Section 410 of the same Act is hereby amended to read as
follows:

“SEC. 410. Procedure for Amicable Settlement. - (a) Who may
initiate proceeding - Upon payment of the appropriate filing fee, any
individual who has a cause of action against another individual
involving any matter within the authority of the lupon may complain,
orally or in writing, to the lupon chairman of the barangay.

Exx

(@ Issuance of summons; hearing; grounds for disqualification -
The pangkat shall convene not later than three (3) days from its
constitution, on the day and hour set by the upon 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 parties and witnesses
before it and may request the assistance from police officers or from
any department, bureau, office, or agency of the government. In the
event that a party moves to disqualify any member of the pangkat by
reason of relationship, bias, interest, or any other similar grounds
discovered after the constitution of the pangkat, the matter shall be
resolved by the affirmative vote of the majority of the pangkat whose
decision shall be final. Should disqualification be decided upon, the
resulting vacancy shall be filled as herein provided for.

Xxx

SECTION 4. Separability Clause. — If any provision or part hereof is held
invalid or unconstitutional, the remainder of the law or provision not otherwise
affected shall remain valid and subsisting.

SECTION 5. Repealing Clause. — All laws, acts, ordinances, executive orders,
proclamations and administrative regulations, or parts thereof which are inconsistent
herewith are hereby repealed or modified accordingly.

SECTION 6. Effectivity. ~ This act shall take effect immediately after its
publication in a newspaper of general circulation.

Approved,