Katarungang Pambarangay: Can the Lupon/Pangkat Hear a Motion for Execution?

Short answer

No. The Lupon Tagapamayapa or the Pangkat ng Tagapagkasundo does not have the power to hear and grant a motion for execution. When an amicable settlement or a barangay arbitration award is violated, execution is sought from the proper first-level court (MeTC/MTC/MTCC/MCTC), not from the Lupon or Pangkat.

Below is a complete, practice-oriented guide to the “what, why, and how.”

1) What the Katarungang Pambarangay (KP) actually does

The KP system—found in Chapter 7, Title I, Book III of the Local Government Code (LGC) and its implementing rules—facilitates conciliation between parties who fall within barangay conciliation coverage. The KP machinery has two main actors:

Punong Barangay / Lupon Tagapamayapa – handles mediation and administrative supervision of the process.
Pangkat ng Tagapagkasundo – constituted when mediation fails; conducts conciliation and, by written agreement of the parties, may arbitrate the dispute.

KP output types

Amicable Settlement (Kasunduan) – a voluntary compromise signed by the parties before the Punong Barangay or Pangkat.
Arbitration Award – a decision by the Pangkat (or, rarely, the Punong Barangay) if the parties consented in writing to arbitration.

Both instruments, if not timely repudiated, attain the force and effect of a final court judgment.

2) Repudiation window (last chance to back out)

A party who believes consent was vitiated (fraud, violence, intimidation, mistake) may repudiate in writing within ten (10) days from the date of the settlement or award, by serving notice to the Punong Barangay and the other party. If nobody repudiates within that window, the settlement/award becomes final.

3) Nature and legal effect once final

Once final, an amicable settlement or arbitration award is as binding as a final judgment. That equivalence carries two critical consequences:

Execution follows the Rules of Court (Rule 39 by analogy).
Only courts issue writs of execution and supervise sheriffs in enforcing writs.

The Lupon/Pangkat has no writ-issuing power and no contempt power to compel compliance post-settlement. Their role in post-judgment scenarios is limited to record-keeping and, where appropriate, issuing certifications (e.g., for filing an action), but not adjudicating or executing.

4) Where to file for execution (and why not at the barangay)

Because the KP product is treated as a final judgment, any failure to comply is remedied by filing a motion/application for execution with the proper first-level court (the MeTC/MTC/MTCC/MCTC that has territorial jurisdiction over the barangay or the parties/subject matter, depending on local practice).

Rationale:

Writs of execution and their incidents (levy, garnishment, examination of debtor, contempt for disobedience of a writ) are judicial functions.
Barangay bodies are non-judicial conciliators/arbitrators; their powers are express and limited. No statute grants them post-judgment execution authority.

5) Timelines and prescriptive guidance

Because the settlement/award has the effect of a judgment:

Execution by motion: generally within five (5) years from finality (Rule 39 standard applied by analogy).
Thereafter, by independent action: within ten (10) years from finality (action upon a judgment).
Interest: If the settlement/award stipulates sums or obligations, legal interest may run from default or as agreed by the parties; courts commonly apply the standard Rules of Court and jurisprudential interest rates.

Practice tip: Attach proof of finality—e.g., certification that no repudiation was filed within 10 days or that the award is final—so the court can readily act.

6) Step-by-step: How to execute a KP settlement/award in court

Identify the proper court Usually the first-level court with territorial linkage to the barangay or parties.
Prepare your papers
- Motion/Application for Execution (captioned in an “In Re: Execution of Barangay Settlement/Award” summary proceeding)
- Copy of the amicable settlement or arbitration award (certified true copy from barangay records)
- Certification of finality (no repudiation within 10 days)
- Narrative of breach/non-compliance (dates, demanded performance, default)
- Proof of service on the adverse party
Filing and hearing Courts often act summarily; some require a brief hearing to confirm finality and default. Bring the Lupon/Pangkat secretary’s certification and, if needed, a barangay representative to identify records.
Issuance of writ Upon finding that the settlement/award is final and there is non-compliance, the court issues a writ of execution. Enforcement follows Rule 39—via sheriff: levy on property, garnishment, or specific performance as applicable.
Post-writ incidents
- Sheriff’s returns and motions to quash/clarify are resolved by the court, not by the barangay.
- Contempt/sanctions for disobedience of the writ are likewise within judicial competence.

7) What the Lupon/Pangkat may still do (and may not)

May do

Keep and certify records of the settlement/award.
Clarify clerical ambiguities in the text where both parties appear and agree (ministerial record corrections).
Issue certification for court purposes upon request (e.g., that no repudiation was filed, or that parties executed a settlement).

May not do

Hear or grant a motion for execution.
Modify the terms of a final settlement/award unilaterally. Any substantive modification must either be by a new written agreement of the parties (another compromise) or by court action (e.g., annulment of compromise for vices of consent).
Punish contempt or order levies/garnishments.

8) Common execution scenarios (with quick guidance)

Sum of money Court issues writ; sheriff levies personal/real property or garnishes deposits/credits.
Delivery of a specific thing Writ of delivery/possession enforced by sheriff.
Specific performance (do/abstain) Court may compel performance; disobedience may be punished as indirect contempt upon motion.
Partial compliance Court still handles computation/crediting and tailors the writ to the unpaid balance or outstanding obligations.
Debtor moved away Execution is still filed in court; enforcement may occur where assets are located, coordinated through the sheriffs’ system.

9) Setting aside or resisting execution

Repudiation already lapsed → Settlement/award is final; objections shift to Rule 39 defenses (e.g., satisfaction, novation, prescription).
Annulment of compromise → File a separate action in court (e.g., to annul the settlement for fraud/violence/intimidation/mistake). This is not within barangay competence.
Clarificatory relief → If terms are ambiguous, parties can jointly clarify or seek judicial interpretation; the barangay cannot adjudicate disputes over the meaning of a finalized settlement.

10) Jurisdictional caveats (KP coverage still matters at the start)

While execution is judicial, remember these KP coverage rules at the conciliation stage (they often get raised to challenge the very foundation of the settlement/award):

Parties must generally be natural persons who reside in the same city/municipality (or fall within recognized exceptions like where the cause of action arose in the same city/municipality, or where parties agree in writing to submit to KP).
Excluded disputes (e.g., where one party is the government, where the dispute involves offenses punishable by more than one year of imprisonment or a fine above the KP threshold, labor disputes, etc.) are outside KP; any “settlement” forged in a clearly excluded case may be assailed in court.

If the underlying case was plainly outside KP coverage, that argument is raised in court when resisting execution or via a separate annulment action—not before the Lupon/Pangkat post-finality.

11) Practical templates (bare-bones)

A. Motion/Application for Execution (KP Settlement/Award)

IN RE: Execution of Barangay Amicable Settlement/Arbitration Award
[Name of Movant], 
x------------------------------------------x

MOTION FOR EXECUTION

Movant, respectfully states:

1. On [date], the parties executed an [amicable settlement/arbitration award] before the [Punong Barangay/Pangkat] of Barangay [___], [City/Municipality].
2. No repudiation was filed within ten (10) days; the settlement/award became final and has the effect of a final judgment.
3. Respondent failed to comply with [state obligation] despite demand dated [date].

WHEREFORE, movant prays that the Court issue a writ of execution to enforce the [settlement/award], with costs and such further relief as may be just.

[Signature, address]

ATTACHMENTS:
A – Certified copy of settlement/award
B – Barangay certification of finality/no repudiation
C – Proof of demand and non-compliance
D – Proof of service

B. Sheriff-Facing Proposed Writ (money judgment)

YOU ARE HEREBY COMMANDED to cause the satisfaction of the judgment in the amount of ₱[__],
plus lawful interest from [date of default], and costs, out of the properties of [debtor] not
exempt from execution, by levy and/or garnishment, and to make a return within [period].

12) Frequently asked questions

Q: Do I still need a barangay “certification to file action” to execute? A: No. You are not filing a new action; you’re enforcing a final KP settlement/award. Go straight to the proper court with your motion for execution.

Q: Can the Lupon/Pangkat “compel” payment after default without going to court? A: They may call the parties to explore voluntary compliance, but they cannot issue a writ, garnish salaries, levy property, or cite anyone in contempt. Only courts can.

Q: What if the settlement didn’t specify a payment date? A: Courts may infer a reasonable time for performance from context and demands. Include your demand letter and timeline in the motion.

Q: The debtor claims the settlement was signed under duress after 10 days—what now? A: That is a judicial question for a separate action to annul the settlement; it does not re-open barangay proceedings.

13) Bottom line

The barangay justice system creates enforceable settlements and awards; it does not enforce them. Execution lives in court. If a party defaults, proceed to the first-level court with a motion for execution, armed with certified copies and proof of finality.