Can a Barangay Kagawad Mediate in the Lupon? Katarungang Pambarangay Rules Explained

Introduction to Katarungang Pambarangay

The Katarungang Pambarangay (KP), also known as the Barangay Justice System, is a cornerstone of the Philippine local dispute resolution framework. Established under Republic Act No. 7160, otherwise known as the Local Government Code of 1991 (LGC), it aims to promote amicable settlement of disputes at the grassroots level, decongesting courts and fostering community harmony. The system draws its roots from Presidential Decree No. 1508 of 1978, which was later integrated and amended into the LGC to align with the decentralization principles of the 1987 Constitution.

At its core, the KP operates through the Lupon Tagapamayapa (Lupon), a body tasked with mediating and conciliating disputes within the barangay. This mechanism is mandatory for certain disputes before they can escalate to formal judicial proceedings, embodying the Filipino value of kapwa (shared identity) and peaceful resolution.

Composition and Appointment of the Lupon Tagapamayapa

The Lupon is established in every barangay and consists of the Punong Barangay (Barangay Captain) as the ex-officio chairperson, along with 10 to 20 members. These members are appointed by the Punong Barangay for a term of three years, coinciding with the local official's term, unless terminated earlier for cause.

Qualifications for Lupon Membership

Under Section 400 of the LGC, appointees must be:

Actual residents of the barangay.
Of legal age (at least 18 years old).
Possessing qualities of integrity, impartiality, independence of mind, sense of fairness, and a reputation for probity.

There are no explicit prohibitions against Barangay Kagawads (members of the Sangguniang Barangay) being appointed to the Lupon. In fact, Kagawads are often selected due to their community standing and familiarity with local issues. However, they must meet the same qualifications and are subject to the same rules on impartiality. If a Kagawad has a personal interest in a dispute, they are disqualified from participating in that specific case, as per the rules on inhibition and substitution.

Oath and Compensation

All Lupon members, including any Kagawads appointed, must take an oath before the Punong Barangay or a higher official. They serve without salary but may receive honoraria or allowances from barangay funds, subject to availability and local ordinances.

Role of Barangay Kagawads in the Lupon: Can They Mediate?

Yes, a Barangay Kagawad can mediate in the Lupon, provided they are duly appointed as a member. The LGC does not bar elective officials like Kagawads from Lupon membership; in practice, many barangays appoint them to leverage their experience. However, their mediation role is typically within the Pangkat ng Tagapagkasundo (Pangkat), a three-member conciliation panel drawn from the Lupon, rather than as the initial mediator.

Distinguishing Mediation Roles

Initial Mediation by the Punong Barangay: All disputes falling under KP jurisdiction must first undergo mediation by the Punong Barangay personally. A Kagawad cannot substitute here unless the Punong Barangay is unavailable or inhibited, in which case the Lupon Secretary attests to this, and the matter proceeds directly to the Pangkat.
Conciliation by the Pangkat: If mediation fails, the Punong Barangay constitutes a Pangkat from Lupon members. A Kagawad appointed to the Lupon can be selected as a Pangkat member or even chairperson (chosen by the parties or by lot). In this capacity, they actively mediate and facilitate settlements.

This setup ensures checks and balances, preventing any single official, including a Kagawad, from dominating the process. Department of the Interior and Local Government (DILG) guidelines emphasize that Lupon members, Kagawads included, must act neutrally, with violations potentially leading to administrative sanctions under the Ombudsman or DILG.

Jurisdiction of the Katarungang Pambarangay

The KP has exclusive jurisdiction over disputes where parties are actual residents of the same barangay, or in adjacent barangays under certain conditions. Key aspects include:

Cases Covered

Civil Disputes: All civil matters where the demand does not exceed PHP 5,000 (or PHP 10,000 in Metro Manila), such as unpaid debts, property damages, or contractual breaches.
Criminal Offenses: Minor crimes punishable by imprisonment not exceeding one year or a fine not over PHP 5,000, including slight physical injuries, alarms and scandals, and theft with minimal value.
Other Disputes: Family issues like support, custody (preliminary), and neighborhood quarrels, excluding those requiring court action like annulment or legal separation.

Exceptions and Non-Jurisdictional Cases

The KP does not apply to:

Disputes involving government entities or public officers in official duties.
Cases with real property in different cities/municipalities (unless parties agree).
Offenses requiring preliminary investigation (e.g., serious crimes like murder or rape).
Labor disputes, land reform issues, or actions to annul judgments.
Urgent cases needing provisional remedies like support pendente lite or habeas corpus.

Failure to comply with KP proceedings for covered cases results in dismissal of court complaints, as it is a precondition under the Rules of Court.

Procedures in the Katarungang Pambarangay

The KP process is informal, cost-free, and emphasizes amicable settlement. Here's a step-by-step breakdown:

Filing the Complaint: Any party files a written or oral complaint with the Punong Barangay or Lupon Secretary. No filing fees are required.
Summons and Appearance: The Punong Barangay issues a summons for the respondent to appear within 15 days. Non-appearance by the complainant dismisses the case; by the respondent, it allows ex parte proceedings.
Mediation Phase: The Punong Barangay mediates. If successful, an amicable settlement is executed, which has the force of a court judgment after a 10-day repudiation period.
Conciliation Phase (Pangkat): If mediation fails, the Punong Barangay forms the Pangkat within 15 days. Parties choose members; if unable, selection is by lot. The Pangkat has 15 days (extendable) to conciliate. A Kagawad in the Pangkat would participate here, questioning parties, suggesting compromises, and drafting settlements.
Arbitration Option: Parties may agree to arbitrate, where the Pangkat issues a binding award.
Settlement Execution: Settlements are enforceable like court judgments. Non-compliance leads to barangay certification for court action.
Certification to File Action: If no settlement, the Lupon issues a certificate allowing court filing.

Proceedings are conducted in the local dialect, with no lawyers allowed except in special cases (e.g., minors). Records are confidential.

Challenges and Reforms in the System

While effective, the KP faces issues like bias, especially if Kagawads or other members have political ties. The Supreme Court has ruled in cases like Lumbuan v. Ronquillo (2006) that Lupon decisions must adhere to due process, with void settlements appealable.

Reforms include DILG's Lupong Tagapamayapa Incentives Awards (LTIA), recognizing efficient barangays, and training programs to enhance impartiality. Proposals to increase jurisdictional amounts (unchanged since 1991) are pending in Congress to account for inflation.

Conclusion

In summary, Barangay Kagawads can indeed mediate in the Lupon as appointed members, particularly in the Pangkat, provided they maintain impartiality and follow procedures. The Katarungang Pambarangay remains a vital tool for accessible justice, reducing litigation burdens and promoting community peace. For specific cases, consulting the LGC, DILG issuances, or legal experts is advisable to ensure compliance.