Barangay Summon Procedure for Minors Involved in Altercation Philippines

Comprehensive guide blending the Katarungang Pambarangay (KP) system under the Local Government Code with special child-protection rules under the Juvenile Justice and Welfare Act (RA 9344, as amended), related IRRs, DILG/DSWD circulars, and common barangay practice.


I. When does the Barangay handle a minor’s altercation?

  1. Covered disputes under KP

    • Fights, scuffles, threats, slight physical injuries, simple damage to property, and similar incidents between natural persons who reside in the same city/municipality, where the maximum penalty does not exceed one (1) year imprisonment or ₱5,000 fine (traditional KP thresholds).
    • If the incident happened in school or a mall but the parties live in the same city/municipality, KP usually still applies.
  2. Not covered (refer out immediately)

    • Serious crimes (penalty beyond 1 year), no private offended party, or where one party is a government agency/official in the performance of duty.
    • VAWC cases (RA 9262), child abuse (RA 7610), serious physical injuries, weapons offenses, or situations presenting immediate danger.
    • Parties who do not reside in the same city/municipality (except when incident falls under diversion proceedings for a Child in Conflict with the Law—see §VIII).

Rule of thumb: If in doubt about KP coverage because of the gravity of the injury or statutory exclusions, the Punong Barangay (PB) should secure the child’s safety, make the initial blotter, and refer to the police/LSWDO/Prosecutor per child-protection protocols.


II. Key actors and their roles

  • Punong Barangay (PB) – Receives complaints, issues summons, mediates, convenes Pangkat, approves settlement/diversion contract when allowed.
  • Lupon Tagapamayapa – Assists PB; a Pangkat ng Tagapagkasundo is formed if mediation fails.
  • Barangay Council for the Protection of Children (BCPC) – Ensures child-friendly procedures; often designates a focal person.
  • Local Social Welfare and Development Office (LSWDO)/DSWD social workerMandatory presence in child cases for assessment, safety planning, diversion, and family support.
  • Parents/Guardians – Must attend and consent to any settlement/diversion concerning a minor.
  • PAO/Child-sensitive counsel – Required if any admission may result in liability; counsel must be present for custodial questioning.

III. Immediate response after an altercation

  1. Safety first

    • Separate the minors; provide first aid; prevent retaliation.
    • No handcuffing or public shaming. Keep the child away from adult detainees.
  2. Blotter and intake

    • Record who, what, when, where, injuries, and witnesses.
    • Indicate that the child is a minor and mark the entry CONFIDENTIAL.
  3. Mandatory notifications

    • Notify parents/guardians and the LSWDO immediately.
    • For possible criminal liability, turnover to LSWDO for assessment without delay (national standards commonly refer to action within 8 hours).
  4. Choosing the track

    • If KP-applicable (light offense/ordinary dispute): proceed to Barangay Mediation/Conciliation with child safeguards.
    • If facts suggest CICL (Child in Conflict with the Law) for a covered offense (penalty not exceeding six (6) years): initiate diversion (see §VIII).
    • If excluded or serious: refer to police/prosecutor/DSWD; barangay may still provide interim protective services.

IV. Issuing the barangay summons

  1. Who is summoned

    • The minor and the parent/guardian (both named). For very young children, address primarily to the parents/guardians, with the child’s name indicated.
  2. Form and content (plain-language, child-sensitive)

    • Case title (e.g., A vs. B – Altercation on [date]).
    • Date, time, venue of conference; statement that parent/guardian and the minor must appear.
    • Short description of the issue without stigmatizing language.
    • Right to bring a counsel/support person; presence of social worker indicated.
    • Confidentiality reminder (no recording/photographs).
    • Contact number for rescheduling on valid grounds (e.g., exams, medical appointments).
  3. Service of summons

    • Personal service by Lupon secretary/tanod; receipt noted.
    • If not found, leave with a responsible adult at the residence and send text/call follow-up (documented).
    • Avoid serving in ways that publicly identify the child (e.g., loud announcements).
  4. Scheduling

    • Within the 15-day KP mediation window from filing; schedule at child-convenient hours (avoid late night; avoid school hours where possible).

V. The mediation conference before the PB

  1. Room setup & privacy

    • Neutral, quiet space; no uniforms or weapons in view; no media; only necessary participants present.
  2. Opening protocol

    • PB explains purpose, voluntariness, confidentiality, and ground rules (respectful language; no cross-examination style).
    • Introduce the social worker and clarify the child’s rights.
  3. Narratives

    • Child-friendly questioning (open-ended; no leading; short sessions).
    • Parents may speak after the minors to avoid overshadowing.
  4. Options for resolution

    • Amicable settlement (apology, return of property, reimbursement of small medical bills, stay-away agreement, counseling, supervised community service suitable for minors).
    • Behavioral plans (curfew compliance, school guidance referral).
    • Safety plan if bullying/retaliation is feared.
  5. If mediation fails

    • Constitute a Pangkat (three neutral members) and continue conciliation within another 15 days (extendable for good cause).
    • For children, shorter, more frequent brief sessions are preferred.

VI. Documentation and enforceability

  1. Minutes and attendance signed by all; note any child-friendly accommodations used.

  2. Amicable Settlement (Kasunduan)

    • In simple civil/criminal KP cases, a written settlement signed by the minor (if capable of understanding), parents/guardians, PB/Pangkat, and social worker.
    • Repudiation allowed within 10 days by an aggrieved party who did not freely consent.
    • After 10 days, the settlement has the force of a final judgment and is executory upon motion, except where law prohibits compromise of the criminal aspect (civil liability may still be enforced).
  3. Confidential records

    • Keep a separate, restricted file; do not post names on public boards or social media.
    • Seal photographs/videos; use initials in logs furnished to third parties.

VII. Failures to appear and Certificates

  • If the complainant (or guardian) unjustifiably fails to appear: dismiss the complaint and issue a Certificate of Dismissal.
  • If the respondent fails to appear despite proper summons: issue Certificate to File Action (CTFA) to the complainant.
  • For minors, consider one reasonable reschedule upon the parent’s request (exams, illness), but document it.

VIII. Diversion at the barangay level (CICL)

When the incident suggests the minor may have committed an offense with an imposable penalty not exceeding 6 years, the PB—with the LSWDO—may undertake diversion instead of court prosecution.

  1. Assessment

    • LSWDO evaluates age, discernment (15–below 18), circumstances, harm, and best interest of the child. Children below 15 are exempt from criminal liability; focus is on protective measures and family services.
  2. Diversion conference

    • Participants: minor, parents/guardians, LSWDO, PB, complainant (or child victim’s guardian), and counsel if needed.
    • Discuss options proportional to harm: apology, restitution, counseling, skills training, community service, school-based interventions, no-contact undertakings.
  3. Diversion contract

    • Must be written, voluntary, age-appropriate, time-bound, and approved by the PB with LSWDO concurrence.
    • Non-compliance may trigger revision of the plan or referral to the prosecutor; compliance extinguishes the need for prosecution for the diverted act.

IX. Special safeguards for child participants

  • No custodial interrogation of a minor without counsel and without a parent/guardian or social worker present.
  • No mugshots or public posting; no media access.
  • Separate waiting area from adult parties; allow a support person (teacher, relative).
  • Use child-sensitive language; avoid labels (“offender,” “criminal”).
  • Reasonable duration of sessions; provide water/snacks if long.
  • For LGBTQ+ and children with disabilities, ensure inclusive and reasonable accommodations.

X. Interface with schools and other agencies

  • Schools must have Child Protection Policies; barangay may coordinate with the guidance office for counseling or restorative practices.
  • If the altercation is peer bullying, barangay and school may implement parallel interventions, but avoid double punishment.
  • For repeat incidents, consider case conferencing with the BCPC, LSWDO, and parents.

XI. Venue, timelines, and prescriptions (practical view)

  • Venue (KP): Generally in the barangay of the respondent’s residence if parties reside in the same city/municipality; otherwise KP does not apply (use diversion or police referral as appropriate).
  • KP timelines: 15 days for PB mediation (extendable), 15 days for Pangkat (extendable).
  • Child-protection timelines: Notifying guardians/LSWDO immediately; prompt turnover to LSWDO when custody is necessary (often guided by the 8-hour benchmark).
  • Prescription: If the parties later litigate (civil or criminal), ordinary statutory periods apply; KP engagement may toll filing only in covered disputes.

XII. Common scenarios and recommended handling

  1. Two 13-year-olds in a fistfight; bruises only.

    • KP mediation with parents and LSWDO; apology, medical cost sharing, and behavioral plan. No criminal case; focus on restorative outcomes.
  2. 16-year-old punches 17-year-old; medical certificate shows 6–9 days of incapacity.

    • KP covered; proceed with conciliation. If the act amounts to an offense ≤ 6 years, consider diversion with restitution and counseling.
  3. 17-year-old uses a knife; victim receives serious injury.

    • KP excluded; ensure medical aid, secure the child, notify LSWDO, and refer to police/prosecutor. Diversion may still be discussed at prosecutorial level depending on imposable penalty and best-interest analysis.
  4. Altercation in school with ongoing bullying.

    • Joint barangay–school–LSWDO conference; no-contact orders around home/school; monitoring by BCPC.

XIII. Ethical and legal pitfalls to avoid

  • Public exposure of the child’s name/photo/records (administrative and criminal consequences).
  • Obtaining statements from minors without counsel/guardian/social worker.
  • Settlements that impose humiliating or hazardous tasks.
  • Forcing a minor to sign without ensuring understanding; coercive mediation.
  • Ignoring power imbalances (age gaps, gang involvement, disability).

XIV. Model templates (checklist-style)

A. Summons (extract)

  • Parties: Juan D. (15) with parent Ana D. / Marco S. (16) with parent Leo S.
  • Purpose: Child-sensitive mediation/conciliation (or diversion conference)
  • Date/Time/Venue: [insert]
  • Bring: Valid ID of parent/guardian; medical receipts (if any); school ID
  • Notes: Proceedings are confidential; you may bring counsel/support person. A social worker will be present.
  • Contact: Lupon Secretary [number]

B. Settlement/Behavior Plan (extract)

  • Apology (verbal/written), restitution ₱___, counseling sessions (LSWDO/School), no-contact for __ weeks, check-in dates.
  • Signatures: minor(s), parents, PB/Pangkat, LSWDO; repudiation window stated.

C. Diversion Contract (extract)

  • Acts admitted (non-self-incriminating formulation), proportional obligations, duration, review dates, completion certificate clause, and confidentiality clause.

XV. Bottom line

  • The barangay may summon minors and their guardians for mediation/conciliation when the altercation is KP-eligible, always with child-safe procedures and LSWDO involvement.
  • Where the facts indicate a CICL scenario with an offense of ≤ 6 years, the barangay may adopt a diversion approach with a formal diversion contract.
  • For serious offenses or statutory exclusions, refer immediately to the proper authorities while ensuring the child’s safety and dignity.
  • Throughout, observe confidentiality, voluntariness, legal counsel when required, and the best interests of the child.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.