The Katarungang Pambarangay system is the Philippines’ community-based dispute settlement mechanism designed to promote amicable settlement at the barangay level before parties resort to the courts or certain government offices. It is principally governed by the Local Government Code of 1991, particularly the provisions on the Lupon Tagapamayapa, together with implementing rules and long-standing practice in barangay justice.

One recurring source of confusion is the supposed “election” of the Lupon Chairman and Vice Chairman. In practice, many barangays use informal voting or internal selection methods and assume both positions are elective within the Lupon. Under the law, however, the two positions do not stand on the same footing. The Lupon Chairman is determined by law, while the Vice Chairman is chosen by the members of the Lupon from among themselves.

This article explains the legal framework, the nature of the positions, who may choose them, how selection occurs, what happens in case of vacancy or inability to act, common misconceptions, and the practical legal consequences of irregular selection.

I. Legal Basis of the Lupon

The Lupon Tagapamayapa is the barangay conciliation body established in every city or municipality barangay, subject to statutory exceptions. Its creation and functions are anchored on the State policy of encouraging peaceful settlement of disputes at the community level.

The Lupon is not an ordinary barangay committee. It is a statutory dispute-resolution body with defined membership, powers, and procedures. It performs a quasi-conciliatory role, not a judicial one. Its authority comes from law, not merely from barangay practice or local custom.

Its principal purposes are:

to encourage amicable settlement of disputes;
to decongest the courts;
to preserve relationships within the community;
to provide an accessible, inexpensive, and culturally grounded forum for settlement.

II. Composition of the Lupon

The Lupon consists of:

the Punong Barangay, and
a set number of Lupon members appointed in the manner provided by law.

The Punong Barangay is part of the Lupon by force of law. The other members are chosen from residents or persons working in the barangay who possess qualifications such as integrity, impartiality, independence of mind, and reputation for fairness.

The Lupon is distinct from the Pangkat ng Tagapagkasundo. The Lupon is the standing pool of conciliators at the barangay level. The Pangkat is a smaller panel formed from among Lupon members when mediation by the Punong Barangay fails.

This distinction matters because the rules on who becomes chairman or vice chairman of the Lupon differ from the rules on how the Pangkat is constituted and how its own chair is chosen.

III. Is There an “Election” of the Lupon Chairman?

The short legal answer: No, not in the ordinary sense.

Under the Katarungang Pambarangay framework, the Punong Barangay is the Chairman of the Lupon by operation of law. The position is ex officio. That means the office is held by virtue of another office already occupied. Whoever is the lawful Punong Barangay is, by that fact alone, the lawful Lupon Chairman.

So there is no separate election for Lupon Chairman by:

the Lupon members,
the barangay assembly,
the Sangguniang Barangay, or
the parties to disputes.

Any internal vote purporting to “elect” someone else as Lupon Chairman in place of the Punong Barangay has no legal basis.

Why the chairmanship is ex officio

The law places the Punong Barangay at the center of the barangay justice system because:

the barangay captain is the chief executive of the barangay;
the office represents the community politically and administratively;
the law entrusts the initial mediation role to the Punong Barangay;
the chairman coordinates Lupon organization and dispute settlement processes.

Thus, the chairmanship does not depend on confidence of Lupon members. It attaches automatically to the office of Punong Barangay.

IV. Who Is the Lupon Vice Chairman?

Unlike the chairmanship, the Vice Chairman of the Lupon is not automatic.

The law provides that the members of the Lupon shall choose from among themselves the Lupon Vice Chairman.

This means:

the Vice Chairman must be a member of the Lupon;
the Vice Chairman is not appointed directly as vice chairman by the Punong Barangay in a unilateral sense;
the position is filled internally by the Lupon members from among the members already constituting the Lupon.

So while the Chairman is statutory and ex officio, the Vice Chairman is the product of internal selection/election by the Lupon membership.

V. Nature of the Vice Chairman’s Selection

The law uses language equivalent to selection by the members from among themselves. In practice, this may take the form of:

a formal election by vote,
a consensus selection,
a nomination and ratification process,
another orderly internal method consistent with the law.

What matters legally is not the label used but the essential requirements:

the selector must be the Lupon members;
the person selected must be one of the Lupon members;
the process should be lawful, fair, and properly recorded.

Thus, when people speak of the “election of the Vice Chairman,” that is broadly acceptable in ordinary language. But when people speak of the “election of the Chairman,” that is legally inaccurate, because the chairmanship is already fixed by law in favor of the Punong Barangay.

VI. Qualifications Relevant to the Vice Chairman

Since the Vice Chairman must come from the Lupon membership, the person must first be a validly appointed and qualified Lupon member.

As a practical matter, the person chosen as Vice Chairman should also possess:

credibility and moral authority in the barangay;
impartiality;
patience and skill in mediation;
ability to maintain confidentiality;
capacity to preside when required;
familiarity with Katarungang Pambarangay procedures.

The law may not spell out additional qualifications unique to the vice chairmanship, but prudence requires choosing someone with strong conciliatory ability and community trust.

VII. How Lupon Members Are Chosen Before the Vice Chairman Can Be Selected

Because the Vice Chairman must be chosen from among Lupon members, the validity of the vice chairmanship depends first on the validity of the Lupon itself.

Generally, the process is:

the Punong Barangay prepares the list of proposed Lupon members;
the law’s publication/posting and opportunity for objections are observed;
the appointments are finalized;
the Lupon is organized;
from among the members, the Vice Chairman is chosen.

If the Lupon membership is defective, the vice chairmanship may also be questioned as derivative of an invalid Lupon composition.

VIII. Who May Vote for Vice Chairman?

Only the members of the Lupon may choose the Vice Chairman.

Therefore, the following do not elect the Vice Chairman:

the Punong Barangay acting alone;
the Sangguniang Barangay;
the Barangay Secretary;
the Barangay Treasurer;
the barangay assembly at large;
complainants and respondents in barangay cases.

The Punong Barangay may convene or organize the Lupon, but the legal act of choosing the Vice Chairman belongs to the Lupon members themselves.

IX. Is the Punong Barangay Allowed to Dictate Who the Vice Chairman Will Be?

Legally, the choice belongs to the Lupon members, not to the Punong Barangay alone.

In actual barangay settings, the Punong Barangay often has strong influence because:

the Punong Barangay appoints Lupon members in the first place;
the chairman presides over organizational matters;
local political realities may affect internal decisions.

But influence is different from legal authority. A Vice Chairman imposed solely by the Punong Barangay without actual selection by the Lupon members is open to challenge as irregular.

X. When and How Should the Vice Chairman Be Chosen?

The law contemplates that the Vice Chairman is chosen once the Lupon has been constituted. The selection should be done at an organizational meeting or other duly called meeting of the Lupon.

Good practice requires:

notice to Lupon members;
a quorum or sufficient attendance consistent with orderly decision-making;
nomination or consensus procedure;
recording of the result in minutes;
issuance of a notation or barangay record identifying the chosen Vice Chairman.

While the law is not always heavily formalistic on minute procedural details of the internal selection, documentary regularity is very important because vice chairmanship may later be relevant in disputes over authority, succession of functions, or validity of proceedings.

XI. Term of the Chairman and Vice Chairman

A. Lupon Chairman

The Lupon Chairman’s term is coextensive with the office of the Punong Barangay. Once a person ceases to be Punong Barangay, that person also ceases to be Lupon Chairman.

Thus:

a newly elected Punong Barangay automatically becomes the new Lupon Chairman;
an acting or legally recognized successor to the office may assume the chairmanship in the same ex officio capacity, subject to the law on barangay succession and lawful assumption of office.

B. Lupon Vice Chairman

The Vice Chairman’s tenure is generally tied to:

continued membership in the Lupon, and
continued confidence/choice of the Lupon, unless replaced or unless the Lupon itself is reconstituted according to law.

Because the Lupon itself is periodically organized and because membership can change, the vice chairmanship is not an independent office with a separate constitutional or statutory tenure like elective barangay positions.

XII. Vacancy in the Position of Lupon Chairman

Since the Chairman is the Punong Barangay ex officio, vacancy in the chairmanship follows vacancy in the Punong Barangay’s office.

If the office of Punong Barangay becomes vacant, the person who lawfully succeeds or acts as Punong Barangay under the barangay succession rules would correspondingly assume the role of Lupon Chairman.

There is no separate Lupon election to fill the chairmanship.

XIII. Vacancy in the Position of Vice Chairman

If the Vice Chairman dies, resigns, becomes disqualified, is removed as Lupon member, or otherwise cannot continue, the Lupon members should select another Vice Chairman from among themselves.

Again, the vacancy is filled not by unilateral designation of the Punong Barangay, but by the Lupon members.

XIV. Functions of the Lupon Chairman

The Chairman’s functions include, in substance:

organizing the Lupon;
exercising initial mediation authority over disputes brought before the barangay;
convening or supervising Lupon-related proceedings when required;
helping ensure the formation of the Pangkat if mediation fails;
overseeing records and procedural compliance in barangay justice matters.

The Chairman does not decide cases like a judge. The role is conciliatory and administrative within the statutory framework.

XV. Functions of the Lupon Vice Chairman

The Vice Chairman’s role is usually supportive and substitutive. In practical and legal understanding, the Vice Chairman may:

assist in the organization and functioning of the Lupon;
act when authorized or when the Chairman is unable to perform certain functions, insofar as law and implementing rules allow;
help maintain continuity in Lupon operations.

The Vice Chairman is not a rival power center to the Chairman. The Vice Chairman’s authority is subordinate to the law’s design, which centers the Punong Barangay as Lupon Chairman.

XVI. Can the Vice Chairman Replace the Chairman in All Cases?

Not automatically, and not in a way that nullifies the ex officio nature of the chairmanship.

The Vice Chairman may perform functions in cases of absence, incapacity, inhibition, or as may be recognized in practice and implementing rules. But the Vice Chairman does not become the Lupon Chairman merely because the Lupon members prefer him or her over the Punong Barangay.

The position of Chairman remains legally attached to the Punong Barangay’s office unless the latter has lawfully ceased to hold office or is otherwise replaced under applicable succession law.

XVII. Relationship to the Pangkat ng Tagapagkasundo

Confusion often arises because people mix up:

Lupon Chairman / Lupon Vice Chairman, and
Pangkat Chairman.

These are different offices.

Lupon

Chairman: Punong Barangay, ex officio
Vice Chairman: chosen by Lupon members from among themselves

Pangkat

The Pangkat is formed only after mediation by the Punong Barangay fails. Its members are selected from the Lupon, and the Pangkat then organizes itself according to the governing rules. The chairmanship within the Pangkat is separate from the vice chairmanship of the Lupon.

A person may be Vice Chairman of the Lupon and still not necessarily be the Chairman of the Pangkat in a particular case.

XVIII. Common Misconceptions

1. “The Lupon Chairman is elected by the Lupon.”

Incorrect. The Punong Barangay is Lupon Chairman by law.

2. “The Vice Chairman is appointed by the Punong Barangay.”

Not strictly. The Lupon members choose the Vice Chairman from among themselves.

3. “The barangay council can vote on who will be Lupon Vice Chairman.”

Incorrect. The choice belongs to the Lupon members, not the Sangguniang Barangay.

4. “The barangay assembly can remove the Lupon Chairman.”

Not by internal Lupon or barangay vote. The chairmanship depends on lawful possession of the office of Punong Barangay.

5. “Any respected barangay resident may be elected Vice Chairman even if not a Lupon member.”

Incorrect. The Vice Chairman must come from among the Lupon members.

6. “If the Punong Barangay is absent, the Lupon may permanently elect another Chairman.”

Incorrect as a general rule. Temporary performance of functions is different from legally holding the chairmanship.

XIX. What If the Chairman or Vice Chairman Was Irregularly Chosen?

This raises the issue of the effect of procedural defects on barangay conciliation proceedings.

A. On the Chairman

If someone other than the Punong Barangay purported to occupy the position of Lupon Chairman without legal basis, actions taken under that supposed authority may be subject to challenge.

B. On the Vice Chairman

If the Vice Chairman was not actually chosen by the Lupon members, or was not a valid Lupon member, the selection may be attacked as irregular.

C. Effect on proceedings

Not every irregularity automatically voids all barangay proceedings. The effect may depend on:

the nature of the defect;
whether there was timely objection;
whether jurisdictional requirements were affected;
whether the defect prejudiced a party’s substantive rights;
whether the issue concerns mere internal administration or a statutory prerequisite.

In Philippine remedial practice, courts usually distinguish between:

defects that go to the validity of mandatory pre-litigation conciliation, and
defects that are merely internal and non-prejudicial.

Still, barangays should never assume irregular selection is harmless. Because barangay conciliation can affect the filing of cases, prescriptive periods, and the issuance of certificates to file action, procedural regularity is important.

XX. Is the Election of the Vice Chairman a Jurisdictional Requirement?

Usually, the more critical jurisdictional questions in Katarungang Pambarangay involve:

whether the dispute is covered by barangay conciliation;
whether the parties are proper parties;
whether venue is correct;
whether confrontation and conciliation procedures were followed;
whether a valid certificate to file action was issued when required.

The internal choice of a Vice Chairman is important, but not every imperfection in that selection automatically destroys the entire conciliation process. The answer depends on the specific issue raised and the actual role played by the Vice Chairman in the questioned proceedings.

Where the questioned act was performed by a person lacking authority, the challenge becomes stronger.

XXI. Recording the Selection of the Vice Chairman

For sound legal administration, the following should be documented:

the list of valid Lupon members;
the date of the organizational meeting;
attendance of members;
the method used to choose the Vice Chairman;
the result of the selection;
acceptance by the chosen member;
notation in barangay records.

This is important for audit, administrative review, and later litigation where proof of lawful constitution of the Lupon may matter.

XXII. Can the Vice Chairman Be Removed?

Since the law does not treat the Vice Chairman like an elective barangay office, removal is usually understood in the context of:

loss of Lupon membership,
incapacity,
resignation,
reconstitution of the Lupon,
replacement through proper internal action if justified.

Any such change should still observe fairness, regularity, and proper documentation. Arbitrary ouster by the Punong Barangay alone is legally questionable if the vice chairmanship arose from the collective choice of the Lupon members.

XXIII. Administrative and Practical Issues

A. Political influence

In many barangays, the Lupon is strongly influenced by the Punong Barangay because of local political realities. This can affect the vice chairmanship. However, the law expects impartiality and community trust, not factionalism.

B. Need for orientation

Many barangay officials mistakenly assume all Lupon positions are elective internally. Training is needed to distinguish ex officio positions from selected positions.

C. Importance of lawful constitution

Before asking who the Vice Chairman is, one must ask whether the Lupon itself was validly created and its members properly appointed.

D. Continuity during change of barangay leadership

When a new Punong Barangay assumes office, barangays should review the composition of the Lupon and the continuing status of vice chairmanship to ensure records remain current and lawful.

XXIV. Interaction With Barangay Autonomy

Barangays enjoy local autonomy, but they cannot disregard statutory structure. Local custom or barangay resolution cannot override the law by:

making the Lupon Chairman elective,
allowing non-members to become Vice Chairman,
transferring the selection power from Lupon members to another body.

Autonomy exists within the bounds of national law.

XXV. Can a Barangay Resolution Provide for Election Rules?

A barangay may adopt internal procedures to facilitate the selection of the Vice Chairman, such as:

notice requirements,
voting method,
quorum guidelines for organizational meetings,
record-keeping rules.

But these internal rules cannot contradict the statute. They may regulate how the Lupon members choose the Vice Chairman, but not who has the legal power to choose or who may be chosen.

XXVI. Distinguishing Appointment, Election, and Ex Officio Occupancy

The topic becomes clearer when these concepts are separated:

1. Ex officio occupancy

A person holds office because he or she holds another office.

Example: Punong Barangay as Lupon Chairman

2. Appointment

A person is designated by one vested with authority to select.

Example: Lupon membership is generally created through statutory appointment mechanisms

3. Election/selection by peers

Members choose one from among themselves.

Example: Vice Chairman chosen by Lupon members

This is why saying both Chairman and Vice Chairman are “elected” is legally overbroad.

XXVII. Litigation Consequences of Misunderstanding the Offices

Mistakes about who properly occupies these offices can affect:

validity of summons or notices in barangay proceedings;
authority of the mediator or presiding conciliator;
validity of certifications and records;
defenses based on non-compliance with pre-condition for filing suit;
administrative complaints against barangay officials.

A lawyer challenging barangay proceedings may examine whether the Lupon was validly constituted and whether the persons acting under Lupon authority were lawfully occupying their positions.

XXVIII. Best Practices for Barangays

To avoid disputes, barangays should observe the following:

Acknowledge that the Punong Barangay is automatically Lupon Chairman.
Constitute the Lupon properly before any vice chairmanship issue arises.
Allow only Lupon members to choose the Vice Chairman.
Ensure the Vice Chairman is chosen from among valid Lupon members only.
Record the selection clearly in minutes and official barangay records.
Orient Lupon members on the distinction between Lupon and Pangkat offices.
Avoid political or purely personal appointments disguised as “election.”
Review the status of the Lupon whenever barangay leadership changes.

XXIX. Frequently Asked Questions

1. Can the Lupon elect its own Chairman?

No. The Chairman is the Punong Barangay by law.

2. Can the Lupon elect its own Vice Chairman?

Yes. The members choose the Vice Chairman from among themselves.

3. Can a Barangay Kagawad be elected Vice Chairman?

Only if that person is also a valid Lupon member and no disqualification applies.

4. Can the Punong Barangay appoint a Vice Chairman without a vote of the Lupon?

That is legally doubtful because the law places the choice in the hands of the Lupon members.

5. Can someone outside the Lupon be made Vice Chairman because of experience or influence?

No.

6. If a new Punong Barangay assumes office, is a new Lupon Chairman election needed?

No. The new Punong Barangay becomes Lupon Chairman automatically.

7. May the Lupon re-choose its Vice Chairman if circumstances change?

Yes, as an internal matter, provided it is done lawfully and properly recorded.

XXX. Conclusion

Under the Katarungang Pambarangay Law, the Lupon Chairman is not elected. The Punong Barangay is the Chairman of the Lupon by operation of law, in an ex officio capacity. Any notion that the Lupon members, barangay assembly, or Sangguniang Barangay may separately elect the Chairman is inconsistent with the legal structure of barangay justice.

The Vice Chairman, by contrast, is chosen by the members of the Lupon from among themselves. This is the only Lupon leadership position that is truly internal and selective in character. The choice must come from the Lupon members, and the person chosen must already be a valid Lupon member.

The central rule is simple:

Chairman: automatic, because the office belongs to the Punong Barangay
Vice Chairman: selected, because the law entrusts the choice to the Lupon members

That distinction is the key to understanding the legality of Lupon organization, continuity of barangay conciliation, and the validity of actions taken under the Katarungang Pambarangay system.

If you want, I can next turn this into a more formal law-review style article with footnote-style citations to the Local Government Code provisions and implementing rules, but still without using search.