Barangay Complaint for Personal-Injury Reimbursement in the Philippines

“Katarungang Pambarangay” as the First Door to Compensation for Bodily Harm

1. Why the Barangay Is Your Starting Point

Under Chapter VII of the Local Government Code of 1991 (Republic Act 7160, §§399–422), every dispute between natural persons who reside in the same city or municipality must pass through Barangay conciliation before it can be taken to court, unless the law itself declares the case exempt. Personal-injury incidents—whether a fist-fight, a minor vehicle bump, or a negligent mishap at work—almost always involve:

Element	Where It Fits in Barangay Law
Bodily harm entitling the victim to actual damages (medical bills, therapy, lost wages)	A civil claim the Lupon can settle
A possible criminal act (e.g., less-serious or slight physical injuries)	A punong-barangay may mediate; if the maximum penalty is ≤ 1 year jail or ≤ ₱5 000 fine, it is within Lupon jurisdiction
Compromise or restitution	An Amicable Settlement that has the effect of a final court judgment (§ 416, R.A. 7160)

Failing to go through this barangay track will cause any later court case to be dismissed for failure to exhaust administrative remedies.

2. Legal Foundations You Must Know

Source	Key Provisions on Personal-Injury Claims
R.A. 7160, §§399–422 (“Katarungang Pambarangay Law”)	Composition and powers of the Lupon Tagapamayapa; mediation / arbitration; enforceability of settlements; timing requirements
1991 KP Rules & Regulations (DILG/DOJ JMC 1-91)	Forms, time-lines, repudiation, execution
Civil Code (Arts. 2176–2194, 2200–2208)	Quasi-delicts, measure of damages (actual, moral, temperate, exemplary, loss of earning capacity)
Revised Penal Code (Arts. 263–266)	Classification of physical injuries; penalties, hence barangay jurisdiction
The Victim Compensation Program (R.A. 7309)	State indemnity for violent crimes (files directly with the Board of Claims—separate from Lupon)
R.A. 9285 (Alternative Dispute Resolution Act)	Confirms validity of barangay settlements and encourages ADR

3. Which Personal-Injury Cases the Barangay Can and Cannot Hear

Within Lupon Jurisdiction	Outside Lupon Jurisdiction
Civil: Any money claim arising from negligence or fault where both parties live in the same city/municipality, regardless of amount.	One party is the government or a corporation; real property located in another city; the parties live in different municipalities unless they agree; SSS/GSIS/insurance disputes.
Criminal: Physical injuries punishable by ≤ 1 year imprisonment or ≤ ₱5 000 fine (e.g., slight [Art. 266] or some less-serious injuries).	Serious physical injuries (imprisonment > 1 year), homicide, reckless imprudence resulting in serious injuries; offenses needing immediate arrest; when the accused is under 15.
Parties may agree to submit even a non-concilable claim to the Lupon, but the settlement will bind only their civil liabilities.	Cases already filed in court or where urgent legal action (e.g., TRO, habeas corpus) is necessary.

4. Step-by-Step Procedure

Filing the Complaint
- Written or oral before the Punong Barangay of the offender’s barangay; include the injury, date, place, witnesses, and the specific reimbursement sought (attach medical certificates & receipts).
- Docket is free of charge.
Mediation by the Punong Barangay ( ≤ 15 days)
- One-on-one negotiation.
- If a compromise is reached, it is reduced to writing and signed by parties and the Punong Barangay.
Constitution of the Pangkat ng Tagapagkasundo
- If no settlement, the Lupon convenes a 3-member Pangkat elected by the parties.
- Pangkat mediation/conciliation ( ≤ 15 days).
Arbitration (Optional)
- Parties may sign an agreement to arbitrate; the Pangkat then issues an arbitral award within 10 days.

Outcomes

Result	Legal Effect	Next Move
Amicable Settlement	Equivalent to a final court judgment; repudiable within 10 days on fraud, violence, or mistake.	If complied with, case ends; if violated, ask Lupon Sec. for execution (a writ to the local MTC).
Arbitral Award	Final after 10 days unless judicially vacated.	Execution as above.
No Settlement	Lupon Sec. issues a Certificate to File Action (CFCA) within 5 days.	File civil action in court or small-claims.

5. Computing and Proving Reimbursable Damages

Type of Damage	Documentary Proof	Notes
Actual / Compensatory – doctors’ fees, medicines, rehab, transport	Official receipts; sworn breakdown; medical abstract	Photocopies must be authenticated; include prospective therapy costs
Loss of Income / Earning Capacity	Payslips, employer cert., BIR returns; for self-employed: affidavits & business permits	Use the formula: (life expectancy × [reasonable income – living expenses])
Moral (mental anguish)	Medical or psychiatrist report; testimony	Usually minimal in barangay settlements; lumped as “pain and suffering”
Exemplary	Proof of wanton conduct	Rarely granted in Lupon; better claimed in court

Tip: Bring a tabulated summary and explain each item in plain Filipino. The more credible your proof, the more likely the respondent will agree.

6. Settlement Structures Commonly Accepted in Barangay Practice

Lump-Sum Payment – One-time cash (most preferred; execution is straightforward).
Installment Plan – Dates and amounts must be specific; add a default clause (“balance becomes due and demandable, with 3 % monthly interest, if any installment is missed”).
Non-Monetary Restitution – Paying hospital directly, providing continued therapy, or giving an asset.
Combined – Partial lump-sum plus installments.

Include a provision on costs of execution and attorney’s fees in case of breach.

7. Enforcement When the Respondent Reneges

Motion to Execute filed with the Lupon Secretary showing the settlement or award plus proof of non-compliance.
The Punong Barangay issues a Notice of Execution; if still ignored, he issues a Writ of Execution to the local Municipal/Metropolitan Trial Court sheriff.
Sheriff levies the debtor’s personal property; garnishment of wages is allowed.

8. Interaction with Criminal Proceedings

If the act is a Crime	Barangay Role	Civil Liability
Crime within Lupon penalty limit	Mediation handles both criminal aspect (forgiveness) and civil reimbursement.	Compromise can include a waiver of criminal action; prosecution will not prosper absent CFCA.
Crime outside Lupon jurisdiction (e.g., serious injuries, reckless imprudence w/ serious harm)	Barangay conciliation not required; report directly to police / prosecutor.	Victim may still file a separate civil action or include civil claim in criminal case.
Victim proceeds with criminal complaint first	Prosecutor will require proof of barangay conciliation if the offense is within KP scope.	Reserve or waive civil action; if reserved, you may return to Lupon or file a civil suit later.

9. Prescriptive and Time Limits

Action	Prescriptive Period	Barangay-Specific Limit
Quasi-delict (Art. 1146, Civil Code)	4 years from injury	File at Lupon ASAP; CFCA is valid for 60 days from issuance (Rule V § 6, KP Rules)
Criminal slight/less-serious injuries	2 or 10 years depending on penalty	Complaint-affidavit should still be filed early; delay weakens evidence
Repudiation of Settlement	—	10 days from signing (R.A. 7160 § 418)

10. Frequently Litigated Issues

Respondent argues the amount is “too high.”
- Rebut by showing receipts; remind that court litigation will add costs, interest, and stress.
Parties live in adjacent cities.
- If no common barangay, the Lupon has no jurisdiction; file directly in court.
Insurance already paid part of the bills.
- Settlement should deduct insurance proceeds to avoid double recovery.
Victim is a minor.
- Parent or guardian files the complaint; settlement needs guardian’s consent and barangay certification that it serves the minor’s best interest.
Pain-and-suffering without medical receipts.
- Use medical certificate and sworn narrative; moral damages are discretionary.

11. Practical Checklist for Victims

□ Gather medical records, X-rays, receipts, wage proofs.
□ Identify the respondent’s barangay of residence (not where injury occurred, unless same).
□ Prepare a concise written complaint in Filipino/English.
□ Show willingness to compromise; ask for both actual and a modest moral component.
□ Read the settlement carefully; ensure mode and date of payment are crystal-clear.
□ Keep certified copies; if breached, move for execution within 5 years.

12. Conclusion

The Barangay Justice System is designed to give Filipino personal-injury victims a swift, inexpensive avenue to reimbursement without immediately resorting to formal courts. Mastery of the Katarungang Pambarangay procedure—its jurisdictional limits, documentary requirements, and enforcement mechanics—greatly increases the odds of an early, fully paid settlement.

If negotiations fail or the injuries are too severe for barangay competence, the CFCA unlocks the courts. Either way, a well-documented claim and a clear understanding of your rights under Philippine law remain your most powerful tools.

Disclaimer: This article is for informational purposes only and does not create an attorney-client relationship. For tailored advice, consult a Philippine lawyer.