Local Government Code: Sections 408-419

(d) Those arising at the workplace where the contending parties are
Section 408. Subject Matter for Amicable Settlement; Exception Thereto. - The lupon
employed or at the institution where such parties are enrolled for study, shall
of each barangay shall have authority to bring together the parties actually residing in be brought in the barangay where such workplace or institution is located.
the same city or municipality for amicable settlement of all disputes except:

Objections to venue shall be raised in the mediation proceedings before the

(a) Where one party is the government, or any subdivision or instrumentality punong barangay; otherwise, the same shall be deemed waived. Any legal
thereof; question which may confront the punong barangay in resolving objections to
venue herein referred to may be submitted to the Secretary of Justice, or his
(b) Where one party is a public officer or employee, and the dispute relates duly designated representative, whose ruling thereon shall be binding.
to the performance of his official functions;
Section 410. Procedure for Amicable Settlement. -
(c) Offenses punishable by imprisonment exceeding one (1) year or a fine
exceeding Five thousand pesos (P5,000.00);
(a) Who may initiate proceeding - Upon payment of the appropriate filing fee,
any individual who has a cause of action against another individual involving
(d) Offenses where there is no private offended party; any matter within the authority of the lupon may complain, orally or in writing,
to the lupon chairman of the barangay.
(e) Where the dispute involves real properties located in different cities or
municipalities unless the parties thereto agree to submit their differences to (b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon
amicable settlement by an appropriate 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
(f) Disputes involving parties who actually reside in barangays of different him for a mediation of their conflicting interests. If he fails in his mediation
cities or municipalities, except where such barangay units adjoin each other effort within fifteen (15) days from the first meeting of the parties before him,
and the parties thereto agree to submit their differences to amicable he shall forthwith set a date for the constitution of the pangkat in accordance
settlement by an appropriate lupon; with the provisions of this Chapter.

(g) Such other classes of disputes which the President may determine in the (c) Suspension of prescriptive period of offenses - While the dispute is under
interest of Justice or upon the recommendation of the Secretary of Justice. mediation, conciliation, or arbitration, the prescriptive periods for offenses
and cause of action under existing laws shall be interrupted upon filing the
complaint with the punong barangay. The prescriptive periods shall resume
The court in which non-criminal cases not falling within the authority of the upon receipt by the complainant of the complainant or the certificate of
lupon under this Code are filed may, at any time before trial motu propio repudiation or of the certification to file action issued by the lupon or pangkat
refer the case to the lupon concerned for amicable settlement. secretary: Provided, however, That such interruption shall not exceed sixty
(60) days from the filing of the complaint with the punong barangay.
Section 409. Venue. -
(d) Issuance of summons; hearing; grounds for disqualification - The
(a) Disputes between persons actually residing in the same barangay shall pangkat shall convene not later than three (3) days from its constitution, on
be brought for amicable settlement before the lupon of said barangay. the day and hour set by the lupon chairman, to hear both parties and their
witnesses, simplify issues, and explore all possibilities for amicable
(b) Those involving actual residents of different barangays within the same settlement. For this purpose, the pangkat may issue summons for the
city or municipality shall be brought in the barangay where the respondent or personal appearance of parties and witnesses before it. In the event that a
any of the respondents actually resides, at the election of the complaint. 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
(c) All disputes involving real property or any interest therein shall be brought vote of the majority of the pangkat whose decision shall be final. Should
in the barangay where the real property or the larger portion thereof is disqualification be decided upon, the resulting vacancy shall be filled as
situated. herein provided for.

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Local Government Code: Sections 408-419
(e) Period to arrive at a settlement - The pangkat shall arrive at a settlement pangkat. Such agreement to arbitrate may be repudiated within five (5) days
or resolution of the dispute within fifteen (15) days from the day it convenes from the date thereof for the same grounds and in accordance with the
in accordance with this section. This period shall, at the discretion of the procedure hereinafter prescribed. The arbitration award shall be made after
pangkat, be extendible for another period which shall not exceed fifteen (15) the lapse of the period for repudiation and within ten (10) days thereafter.
days, except in clearly meritorious cases.
(b) The arbitration award shall be in writing in a language or dialect known to
Section 411. Form of settlement. - All amicable settlements shall be in writing, in a the parties. When the parties to the dispute do not use the same language or
language or dialect known to the parties, signed by them, and attested to by the lupon dialect, the award shall be written in the language or dialect known to them.
chairman or the pangkat chairman, as the case may be. When the parties to the
dispute do not use the same language or dialect, the settlement shall be written in the Section 414. Proceedings Open to the Public; Exception. - All proceedings for
language known to them. settlement shall be public and informal: Provided, however, That the lupon chairman
or the pangkat chairman, as the case may be, may motu proprio or upon request of a
Section 412. Conciliation. - party, exclude the public from the proceedings in the interest of privacy, decency, or
public morals.
(a) Pre-condition to Filing of Complaint in Court. - No complaint, petition,
action, or proceeding involving any matter within the authority of the lupon Section 415. Appearance of Parties in Person. - In all katarungang pambarangay
shall be filed or instituted directly in court or any other government office for proceedings, the parties must appear in person without the assistance of counsel or
adjudication, unless there has been a confrontation between the parties representative, except for minors and incompetents who may be assisted by their
before the lupon chairman or the pangkat, and that no conciliation or next-of-kin who are not lawyers.
settlement has been reached as certified by the lupon secretary or pangkat
secretary as attested to by the lupon or pangkat chairman or unless the Section 416. Effect of Amicable Settlement and Arbitration Award. - The amicable
settlement has been repudiated by the parties thereto. settlement and arbitration award shall 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
(b) Where Parties May Go Directly to Court. - The parties may go directly to of the settlement has been made or a petition to nullify the award has been filed
court in the following instances: before the proper city or municipal court.

(1) Where the accused is under detention; However, this provision shall not apply to court cases settled by the lupon under the
last paragraph of Section 408 of this Code, in which case the compromise or the
(2) Where a person has otherwise been deprived of personal liberty pangkat chairman shall be submitted to the court and upon approval thereof, have the
calling for habeas corpus proceedings; force and effect of a judgment of said court.

(3) Where actions are coupled with provisional remedies such as Section 417. Execution. - The amicable settlement or arbitration award may be
preliminary injunction, attachment, delivery of personal property enforced by execution by the lupon within six (6) months from the date of the
and support pendente lite; and settlement. After the lapse of such time, the settlement may be enforced by action in
the appropriate city or municipal court.
(4) Where the action may otherwise be barred by the statute of
limitations. Section 418. Repudiation. - Any party to the dispute may, within ten (10) days from
the date of the settlement, repudiate the same by filing with the lupon chairman a
statement to that effect sworn to before him, where the consent is vitiated by fraud,
(c) Conciliation among members of indigenous cultural communities. - The violence, or intimidation. Such repudiation shall be sufficient basis for the issuance of
customs and traditions of indigenous cultural communities shall be applied in the certification for filing a complaint as hereinabove provided.
settling disputes between members of the cultural communities.
Section 419. Transmittal of Settlement and Arbitration. - Award to the Court. - The
Section 413. Arbitration. - secretary of the lupon shall transmit the settlement or the arbitration award to the
appropriate city or municipal court within five (5) days from the date of the award or
(a) The parties may, at any stage of the proceedings, agree in writing that from the lapse of the ten-day period repudiating the settlement and shall furnish
they shall abide by the arbitration award of the lupon chairman or the copies thereof to each of the parties to the settlement and the lupon chairman.
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