Introduction
The Lupong Tagapamayapa, often called the Lupon, is a key institution in the Philippine barangay justice system. It is created under the Katarungang Pambarangay framework to help settle disputes at the barangay level before they reach the courts. The Lupon is not a regular court, but it performs an important public function: encouraging amicable settlement, reducing court congestion, preserving community peace, and providing accessible dispute resolution.
A common question concerns the term of office of Lupon members. Many barangays ask whether Lupon members serve for the same period as the Punong Barangay, whether they automatically lose their position after barangay elections, whether they may be reappointed, and whether a new Lupon must be constituted when a new Punong Barangay assumes office.
The guiding rule is:
Members of the Lupong Tagapamayapa serve for a term fixed by law, but the Lupon is constituted by the Punong Barangay, and membership may be affected by appointment, vacancy, removal, resignation, incapacity, disqualification, and the organization of a new Lupon.
I. What Is the Lupong Tagapamayapa?
The Lupong Tagapamayapa is a barangay-based body that assists in settling disputes between individuals through conciliation and mediation. It is part of the Katarungang Pambarangay system under the Local Government Code.
The Lupon is composed of:
- the Punong Barangay, who serves as chairperson; and
- several qualified Lupon members appointed by the Punong Barangay.
Its purpose is to promote peaceful settlement of disputes within the community.
The Lupon helps handle disputes that are required to go through barangay conciliation before court action may proceed, subject to legal exceptions.
II. Why the Lupon Matters
The Lupon is important because many disputes must first undergo barangay conciliation before they may be filed in court. This helps:
- reduce unnecessary litigation;
- settle neighborhood and family disputes quickly;
- preserve community harmony;
- save parties time and money;
- encourage compromise;
- provide access to justice at the grassroots level;
- decongest courts and prosecutors’ offices;
- create records of settlement or non-settlement.
A properly constituted Lupon strengthens barangay governance and dispute resolution.
III. Legal Basis of the Lupon
The Lupon is created under the Katarungang Pambarangay provisions of the Local Government Code. These provisions set out:
- composition of the Lupon;
- qualifications of Lupon members;
- appointment process;
- term of office;
- powers and functions;
- procedures for mediation and conciliation;
- constitution of the Pangkat ng Tagapagkasundo;
- issuance of certifications to file action;
- effect of amicable settlements and arbitration awards.
Because the Lupon is a statutory body, barangay officials should follow the legal requirements, not merely local custom.
IV. Composition of the Lupon
The Lupon is generally composed of:
- the Punong Barangay as chairperson; and
- qualified members appointed by the Punong Barangay.
The number of Lupon members is usually within the range provided by law. The members should be chosen from persons actually residing or working in the barangay who possess integrity, impartiality, independence of mind, sense of fairness, and reputation for probity.
The Punong Barangay does not act alone in all proceedings. For unresolved disputes, a Pangkat ng Tagapagkasundo may be constituted from Lupon members to conciliate the parties.
V. Term of Office of Lupon Members
The term of office of members of the Lupong Tagapamayapa is generally three years, unless sooner terminated by law, resignation, removal, death, incapacity, or other valid cause.
This means Lupon members are not appointed for only one meeting or one case. They serve for a definite period and may be called upon for barangay conciliation matters during their term.
The three-year term promotes continuity and stability in the barangay justice system.
VI. When Does the Term Begin?
The term ordinarily begins after the Lupon is properly constituted and the members are appointed by the Punong Barangay in accordance with law.
Practical steps may include:
- selection of qualified persons;
- appointment by the Punong Barangay;
- posting or publication of proposed names, where required by procedure;
- opportunity for objection, if applicable;
- final appointment;
- oath or assumption of duties;
- orientation or training;
- recording of membership in barangay records.
The exact start date should be reflected in barangay records, appointment documents, or Lupon roster.
VII. Does the Lupon Serve the Same Term as the Punong Barangay?
Not necessarily in a simple mechanical sense. The Lupon members have their own legal term, commonly three years, but the Punong Barangay is the Lupon chairperson and is responsible for constituting the Lupon.
In practice, after barangay elections or when a new Punong Barangay assumes office, a new or reorganized Lupon may be constituted in accordance with law. This is because the Punong Barangay has statutory authority to appoint Lupon members.
However, barangays should avoid arbitrary disruption of pending proceedings. Records, settlements, pending barangay cases, and certificates must be handled properly during transition.
VIII. Must a New Punong Barangay Form a New Lupon?
A newly elected or newly appointed Punong Barangay should ensure that the barangay has a properly constituted Lupon. This may require appointing or reappointing Lupon members according to the legal process.
If the previous Lupon’s term has expired, a new Lupon must be constituted. If there are vacancies, they should be filled. If members remain qualified and are reappointed, they may continue serving under a new appointment.
The important point is that the barangay must always have a legally functional Lupon to handle disputes.
IX. Can Lupon Members Be Reappointed?
Yes. A Lupon member may be reappointed if still qualified and willing to serve.
Reappointment is often practical because experienced Lupon members already understand barangay conciliation procedures, documentation, settlement drafting, and local dispute dynamics.
However, reappointment is not automatic. The Punong Barangay should still consider qualifications, impartiality, availability, reputation, and effectiveness.
X. Can a Lupon Member Serve Beyond Three Years?
A Lupon member’s regular term is three years. Continued service beyond that period should be supported by lawful reappointment or proper continuation under applicable rules.
Barangays should avoid informal “holdover” practices that create uncertainty. If a member’s term has ended, the safer course is to issue a new appointment or constitute a new Lupon.
Unclear membership may create challenges to the validity of proceedings.
XI. Qualifications of Lupon Members
Lupon members should generally be chosen from persons who:
- reside or work in the barangay;
- are of legal age;
- possess integrity;
- are impartial;
- have independence of mind;
- are fair and respected in the community;
- are willing to serve;
- are available for conciliation proceedings;
- can maintain confidentiality;
- can help resolve disputes peacefully.
The Lupon should not be filled merely with political allies. Its function requires trust and neutrality.
XII. Who Should Not Be Appointed?
A person may be unsuitable if they:
- are biased toward one faction;
- have a reputation for dishonesty;
- frequently instigate conflict;
- cannot keep confidential matters private;
- use Lupon membership for political pressure;
- have repeated conflicts of interest;
- are unwilling to attend proceedings;
- lack independence;
- are directly involved in frequent barangay disputes;
- misuse authority;
- are disqualified by law or local rules.
The credibility of the Lupon depends on the quality of its members.
XIII. Is Lupon Membership an Elective Office?
No. Lupon members are generally appointed, not elected by the voters.
The Punong Barangay appoints qualified members under the Katarungang Pambarangay framework. The public may have opportunity to object to proposed members where procedure requires publication or posting of names, but the position itself is not filled through election.
XIV. Is Lupon Membership a Paid Position?
Lupon membership is generally a public service function at the barangay level. Members may receive allowances, honoraria, incentives, or benefits if authorized by law, ordinance, budget, or applicable government rules, but they are not ordinary salaried court personnel.
Barangays should follow budgetary and audit rules before granting allowances or incentives.
XV. Is a Lupon Member a Barangay Official?
A Lupon member performs a public function in barangay dispute resolution, but the member is not the same as an elected barangay official such as the Punong Barangay or Sangguniang Barangay member.
Lupon members are appointed community conciliators. Their authority is limited to the Katarungang Pambarangay process and related functions.
XVI. Can Barangay Kagawads Be Lupon Members?
The Punong Barangay is the Lupon chairperson. Whether other barangay officials may serve as Lupon members should be approached carefully, considering conflict-of-interest, impartiality, and applicable rules.
Even if legally possible in certain contexts, appointing persons who also exercise political or administrative authority may create concerns about neutrality, especially in disputes involving political rivals, constituents, or barangay matters.
The better practice is to appoint respected, impartial residents or workers who can focus on conciliation.
XVII. Role of the Punong Barangay as Lupon Chairperson
The Punong Barangay serves as chairperson of the Lupon. As chairperson, the Punong Barangay generally:
- organizes the Lupon;
- appoints members;
- receives complaints;
- conducts initial mediation;
- helps bring parties together;
- constitutes the Pangkat when needed;
- supervises barangay conciliation records;
- ensures proper issuance of certifications;
- helps enforce settlement procedures;
- maintains the integrity of the barangay justice system.
The Punong Barangay’s role is administrative and conciliatory, not judicial in the full court sense.
XVIII. Appointment Process
The appointment process commonly includes:
- identifying qualified persons;
- preparing a proposed list;
- posting or making the list known to the community, where required;
- allowing objections to proposed members, if applicable;
- evaluating objections;
- final appointment;
- notifying appointees;
- administering oath or documenting acceptance;
- maintaining official Lupon roster;
- orienting members on duties.
Proper documentation is important.
XIX. Importance of Posting Proposed Members
Posting the names of proposed Lupon members allows barangay residents to raise objections if a proposed member is unqualified, biased, or unsuitable.
This promotes transparency and public trust.
Possible objections may include:
- conflict of interest;
- lack of residence or work in barangay;
- bias;
- pending dispute involving the person;
- reputation issues;
- inability to serve;
- relationship to frequent parties in disputes.
The Punong Barangay should evaluate objections fairly.
XX. Oath of Office or Acceptance
Lupon members should formally accept their appointment and, where required, take an oath or execute acceptance documents. This helps establish the start of the term and confirms willingness to serve.
Barangay records should show:
- full name of member;
- date of appointment;
- term covered;
- address or workplace in barangay;
- acceptance or oath;
- contact details;
- date of orientation, if any.
XXI. Vacancy in the Lupon
A vacancy may occur due to:
- death;
- resignation;
- incapacity;
- removal;
- transfer of residence or work outside barangay;
- disqualification;
- prolonged absence;
- refusal to serve;
- loss of trust due to misconduct;
- expiration of term;
- appointment to incompatible position.
When a vacancy occurs, the Punong Barangay should appoint a qualified replacement according to the proper procedure.
XXII. Term of Replacement Member
A replacement member generally serves for the unexpired portion of the term, unless the appointment document or applicable rule provides otherwise.
This ensures that the Lupon’s cycle remains orderly.
Barangay records should clearly state whether the appointment is for a full term or for the unexpired term of the replaced member.
XXIII. Resignation of Lupon Member
A Lupon member may resign by submitting a written resignation to the Punong Barangay.
The resignation should state:
- member’s name;
- date of resignation;
- reason, if the member wishes to state it;
- effective date;
- pending cases where the member is involved.
The barangay should acknowledge the resignation and update the Lupon roster.
If the resigning member is part of a pending Pangkat, the barangay should address replacement or continuation in accordance with procedure.
XXIV. Removal of Lupon Member
A Lupon member may be removed for valid cause, depending on applicable rules.
Possible grounds include:
- misconduct;
- bias;
- corruption;
- repeated absence;
- breach of confidentiality;
- abuse of authority;
- incapacity;
- conflict of interest;
- failure to perform duties;
- conduct prejudicial to barangay justice;
- loss of qualification.
Removal should not be arbitrary or politically motivated. Fairness requires notice, opportunity to respond, and proper documentation where appropriate.
XXV. Expiration of Term
When the three-year term ends, the barangay should reorganize or reconstitute the Lupon. Members may be reappointed if qualified.
The barangay should avoid uncertainty by preparing appointments before or soon after expiration. A gap in Lupon organization may delay dispute resolution and issuance of certifications.
XXVI. Effect of Barangay Elections on the Lupon
Barangay elections may affect the Lupon because the Punong Barangay is the Lupon chairperson and appointing authority.
After elections:
- the new Punong Barangay assumes chairmanship of the Lupon;
- existing records should be turned over;
- pending disputes should be inventoried;
- Lupon membership should be reviewed;
- expired terms should be addressed;
- new appointments or reappointments may be made;
- training or orientation may be conducted.
A change in barangay administration should not destroy or invalidate existing settlement records.
XXVII. Effect of Death, Resignation, or Removal of Punong Barangay
If the Punong Barangay dies, resigns, is suspended, removed, or otherwise unable to act, the acting or successor barangay head may perform functions as allowed by law.
The Lupon must continue functioning. Pending disputes should not be abandoned merely because the Punong Barangay changed.
The successor should review Lupon membership, pending cases, and records.
XXVIII. Holdover Concerns
A common issue is whether old Lupon members may continue acting after their term ends or after a new Punong Barangay assumes office.
The safe practice is:
- check appointment dates;
- check whether the three-year term expired;
- issue new appointments or reappointments where appropriate;
- document the official roster;
- avoid allowing persons with expired authority to act in new cases without proper reappointment.
Proceedings may be questioned if members are not properly appointed.
XXIX. Effect of Invalid Lupon Membership on Proceedings
If a Lupon member was improperly appointed, biased, disqualified, or serving beyond term without authority, a party may question the fairness or validity of the conciliation proceedings.
Possible issues include:
- challenge to Pangkat composition;
- objection to member’s participation;
- refusal to sign settlement;
- challenge to certification;
- administrative complaint;
- claim of denial of fair conciliation.
To avoid disputes, barangays should ensure proper appointment and documentation.
XXX. Pangkat ng Tagapagkasundo
The Pangkat ng Tagapagkasundo is a conciliation panel formed from Lupon members when mediation by the Punong Barangay fails.
The Pangkat usually consists of members selected according to the Katarungang Pambarangay process. It attempts to conciliate the parties and help them reach settlement.
Because Pangkat members are drawn from the Lupon, the legality of Lupon membership matters.
XXXI. Term of Pangkat Members
Pangkat members do not serve a separate three-year term as Pangkat members. They are selected for particular disputes from among Lupon members. Their function in that Pangkat lasts for the handling of that dispute or proceeding, subject to replacement, disqualification, or termination according to procedure.
Their broader authority comes from being Lupon members.
XXXII. Disqualification of a Lupon or Pangkat Member in a Case
Even if properly appointed, a Lupon or Pangkat member should not participate in a case where they have a conflict of interest.
Possible conflicts include:
- being related to a party;
- financial interest in the dispute;
- personal hostility toward a party;
- prior involvement in the dispute;
- close business relationship;
- political bias;
- prior public statements about the dispute;
- being a witness to disputed facts.
A party may object to a member’s participation.
XXXIII. Duties of Lupon Members During Their Term
Lupon members should:
- attend meetings and proceedings;
- help mediate and conciliate disputes;
- remain impartial;
- maintain confidentiality;
- avoid taking sides;
- encourage peaceful settlement;
- assist in drafting settlement terms;
- respect due process;
- avoid coercion;
- keep proper records;
- follow barangay justice procedures;
- decline cases where they have conflict of interest.
The term of office carries responsibilities, not merely title.
XXXIV. Confidentiality
Lupon members often hear sensitive matters involving family, neighbors, money, property, reputation, domestic conflict, and criminal allegations.
They should keep proceedings confidential unless disclosure is legally required.
Improper disclosure may damage trust and expose the member or barangay to complaints.
XXXV. Impartiality
Lupon members must be neutral. They should not pressure parties based on politics, family ties, friendship, debt, fear, or influence.
A Lupon member should avoid statements like:
- “Kampi ako sa complainant.”
- “Kilala ko ang kapitan, matatalo ka.”
- “Pumirma ka na para matapos.”
- “Wala kang laban dito.”
- “Hindi kita bibigyan ng certificate kung ayaw mong pumayag.”
The Lupon facilitates settlement; it does not bully parties into agreement.
XXXVI. Can Lupon Members Decide Cases Like Judges?
No. The Lupon is not a court. Its main role is mediation and conciliation.
It may help parties reach:
- amicable settlement;
- arbitration agreement, if parties agree;
- documentation of failure to settle;
- certification to file action when appropriate.
Lupon members should not issue judgments as if they were regular judges, except within the limited arbitration framework allowed when parties voluntarily agree.
XXXVII. Lupon Term and Pending Cases
If a Lupon member’s term ends while a matter is pending, the barangay should handle transition carefully.
Possible approaches include:
- reappointing the member if qualified;
- replacing the member if term has ended;
- documenting continuation or substitution;
- notifying parties;
- ensuring no prejudice to proceedings;
- preserving records.
The barangay should avoid confusing parties or invalidating proceedings by allowing uncertain authority.
XXXVIII. Records to Maintain
The barangay should maintain:
- Lupon appointment list;
- dates of appointment;
- term expiration dates;
- acceptance or oath records;
- resignation letters;
- removal documents;
- vacancy appointments;
- roster of Pangkat members per case;
- minutes of proceedings;
- settlement agreements;
- arbitration awards;
- certificates to file action;
- records of nonappearance;
- referrals and endorsements.
Good records prevent disputes about term and authority.
XXXIX. Training of Lupon Members
Lupon members should be trained or oriented on:
- jurisdiction of Katarungang Pambarangay;
- cases requiring barangay conciliation;
- exceptions;
- mediation techniques;
- drafting settlements;
- confidentiality;
- impartiality;
- records management;
- women and children protection concerns;
- domestic violence exceptions;
- issuance of certification to file action;
- enforcement of settlements.
Experienced members may be valuable, which is why reappointment may be beneficial.
XL. Common Misconceptions About Lupon Term
1. “Lupon members serve forever unless removed.”
Incorrect. Lupon members have a fixed term and should be reappointed if continuing.
2. “A new barangay captain automatically cancels all settlements.”
Incorrect. Existing valid settlements and records remain important and should be preserved.
3. “Lupon members are elected barangay officials.”
Incorrect. They are appointed members of the barangay justice system.
4. “Any resident can sit as Lupon member anytime.”
Incorrect. The person must be properly appointed.
5. “Lupon members can decide guilt or innocence.”
Incorrect. Their main function is conciliation, not criminal adjudication.
6. “Barangay officials can force parties to settle.”
Incorrect. Settlement must be voluntary.
XLI. Term of Office and Political Neutrality
Because Lupon members are appointed by the Punong Barangay, there is risk of politicization. The fixed term and qualification standards help protect the Lupon’s neutrality.
A Punong Barangay should not appoint only political supporters if they lack fairness, availability, or community trust.
A party should not be disadvantaged because they opposed the barangay administration.
XLII. Can a Party Object to a Lupon Member?
Yes, a party may raise objections where a member is biased, disqualified, related to a party, or otherwise unsuitable to participate in a specific dispute.
The objection should be:
- respectful;
- specific;
- filed or raised promptly;
- supported by facts;
- recorded in the proceedings.
The barangay should evaluate the objection and, if justified, replace the member for that case.
XLIII. Administrative Liability of Lupon Members
Lupon members may be subject to complaints if they abuse their role, such as by:
- demanding money;
- favoring one party;
- disclosing confidential information;
- threatening parties;
- falsifying records;
- refusing to issue certifications without basis;
- participating despite conflict of interest;
- delaying proceedings intentionally;
- using the Lupon for political retaliation.
The proper forum and procedure depend on the nature of the complaint and the status of the person involved.
XLIV. Administrative Liability of the Punong Barangay
The Punong Barangay may face complaints for:
- failure to constitute the Lupon;
- appointing unqualified members;
- refusing barangay conciliation without basis;
- misusing Lupon proceedings;
- refusing to issue certification when due;
- falsifying Lupon records;
- using conciliation to harass parties;
- failure to preserve records;
- corruption or favoritism.
The Punong Barangay should treat the Lupon as a legal institution, not a political tool.
XLV. Lupon Member Residing or Working in Barangay
Lupon members should generally be selected from those residing or working in the barangay. This local connection helps them understand community dynamics and be available for proceedings.
If a member transfers residence or stops working in the barangay, their continued qualification should be reviewed.
XLVI. Can a Nonresident Be a Lupon Member?
A person who neither resides nor works in the barangay may not be an appropriate Lupon member. The law contemplates members from the barangay community.
If a barangay appoints outsiders, parties may challenge the appointment or legitimacy of proceedings.
XLVII. Can a Lupon Member Refuse to Serve?
A person should not be forced to serve if unwilling. Lupon membership requires availability, patience, neutrality, and community trust. A reluctant member may not perform effectively.
If appointed but unwilling, the person may decline or resign.
XLVIII. Number of Lupon Members
The law provides a required range for Lupon membership. The barangay should appoint enough members to allow the Pangkat process to function properly.
Too few members may make it difficult to form Pangkat panels, replace conflicted members, or handle multiple disputes.
Too many informal participants may create confusion if they are not officially appointed.
XLIX. Lupon Secretary and Records
The barangay secretary often assists in documentation, notices, minutes, settlements, and certificates. Proper recordkeeping is essential.
However, clerical assistance should not replace the Lupon’s legal functions. Records should accurately reflect proceedings.
L. Lupon Meetings
The Lupon may hold meetings for organization, training, coordination, and review of barangay dispute processes.
Meetings may address:
- roster updates;
- pending cases;
- training needs;
- procedural concerns;
- recordkeeping;
- mediation practices;
- confidentiality reminders;
- community peace initiatives.
Attendance should be documented.
LI. Relationship Between Lupon Term and Barangay Conciliation Requirement
A defective or inactive Lupon can affect access to justice. If parties are required to undergo barangay conciliation but the barangay has no functioning Lupon, disputes may be delayed.
Barangays should ensure continuous availability of conciliation services by timely constituting the Lupon and filling vacancies.
LII. Certification to File Action
If barangay conciliation fails, the appropriate certification to file action may be issued, allowing the party to proceed to court or other proper forum where required.
The authority to issue certification depends on the Katarungang Pambarangay process. If the Lupon or Pangkat is improperly constituted, certification issues may arise.
LIII. Effect of Settlement Signed Before Expiration of Term
If an amicable settlement was validly entered before the Lupon member’s term expired, the later expiration of term does not ordinarily invalidate that settlement merely because the member later ceased to serve.
The issue is whether the process was valid at the time it occurred.
LIV. Effect of Settlement Signed by Unauthorized Persons
If a settlement or proceeding is facilitated or signed by persons not properly part of the Lupon or Pangkat, parties may question its validity, especially if the irregularity affected consent, fairness, or procedure.
Barangays should ensure that only authorized persons participate officially.
LV. Lupon and Cases Not Subject to Barangay Conciliation
Not all disputes must go through the Lupon. Exceptions may include certain criminal offenses, disputes involving parties from different cities or municipalities not covered by the rules, disputes involving juridical persons in some contexts, urgent legal actions, cases involving government entities, and other legally excluded matters.
Lupon members must know when to accept a dispute and when to refer parties elsewhere.
LVI. Domestic Violence and Sensitive Cases
Certain cases involving violence against women, children, serious threats, sexual offenses, or urgent protection concerns should not be treated as ordinary barangay compromise matters.
Lupon members must be careful not to pressure victims into settlement in cases where the law requires protection, referral, or formal action.
Term of office does not give Lupon members authority to mishandle sensitive cases.
LVII. Criminal Cases and Lupon Authority
Some minor criminal disputes may undergo barangay conciliation if legally covered. However, serious offenses, offenses above prescribed penalty thresholds, or offenses involving public interest may be outside Lupon authority.
Lupon members should not promise dismissal of criminal cases beyond their authority.
LVIII. Civil Disputes and Lupon Authority
The Lupon often handles civil disputes such as:
- unpaid debts;
- property boundaries;
- neighbor disputes;
- minor damages;
- verbal conflicts;
- small obligations;
- family-related disputes subject to legal limits;
- nuisance complaints;
- minor personal disagreements.
The Lupon’s goal is settlement, not formal trial.
LIX. Settlement During Lupon Term
A settlement reached through the Lupon should be:
- voluntary;
- clear;
- written;
- signed by parties;
- specific on obligations;
- dated;
- witnessed or attested properly;
- recorded in barangay records;
- enforceable according to law.
Lupon members should avoid vague settlements that create new disputes.
LX. Enforcement of Amicable Settlement
An amicable settlement may have legal effect and may be enforced according to the Katarungang Pambarangay rules.
If a party fails to comply, the other party may seek execution or enforcement through proper procedure.
The Lupon member’s term expiration does not erase a valid settlement.
LXI. Arbitration by the Lupon or Pangkat
Parties may agree to arbitration in the barangay process. Arbitration requires voluntary agreement and compliance with procedure.
Lupon members should not impose arbitration on unwilling parties.
If arbitration is used, the authority and membership of the Lupon or Pangkat must be clear.
LXII. Lupon Term and Annual Awards or Incentives
Some barangays or local governments recognize outstanding Lupon performance. Term records, training attendance, settlement rates, and documentation may matter.
A well-organized Lupon roster helps in evaluation and awards.
LXIII. Best Practices for Constituting the Lupon
A Punong Barangay should:
- identify respected and impartial residents or workers;
- include persons with mediation skills;
- avoid appointing only political allies;
- ensure gender and sectoral sensitivity where possible;
- post proposed names if required;
- consider objections;
- issue written appointments;
- record start and end dates;
- orient members;
- maintain updated roster;
- fill vacancies promptly;
- review performance;
- preserve all records during transitions.
LXIV. Best Practices for Lupon Members
Lupon members should:
- understand their term and appointment;
- attend training;
- remain neutral;
- avoid gossiping about cases;
- disclose conflicts of interest;
- keep records accurate;
- avoid receiving gifts from parties;
- encourage voluntary settlement;
- avoid threats or coercion;
- respect women, children, elderly, and vulnerable parties;
- refer excluded cases to proper agencies;
- help maintain community peace.
LXV. Sample Lupon Appointment Format
A simple appointment document may include:
Appointment as Member of the Lupong Tagapamayapa
This is to appoint [Name], of legal age and residing/working at [address/workplace], as member of the Lupong Tagapamayapa of Barangay [name], for a term of three years, unless sooner terminated by law, resignation, removal, incapacity, or other valid cause.
Issued this [date] at Barangay [name].
[Punong Barangay] Punong Barangay / Lupon Chairperson
Accepted by:
[Member]
LXVI. Sample Lupon Roster
| Name | Address / Workplace | Date Appointed | Term Ends | Contact | Remarks |
|---|---|---|---|---|---|
| Member 1 | ___ | ___ | ___ | ___ | Active |
| Member 2 | ___ | ___ | ___ | ___ | Active |
| Member 3 | ___ | ___ | ___ | ___ | Reappointed |
| Member 4 | ___ | ___ | ___ | ___ | Replacement |
This simple roster helps track term expiration and vacancies.
LXVII. Sample Resignation Letter
Subject: Resignation as Lupon Member
Dear Punong Barangay:
I respectfully tender my resignation as member of the Lupong Tagapamayapa of Barangay [name], effective [date], due to [reason, optional].
I will assist in the turnover of any pending matter assigned to me.
Respectfully, [Name]
LXVIII. Sample Notice of Reappointment
Notice of Reappointment
This confirms the reappointment of [Name] as member of the Lupong Tagapamayapa of Barangay [name] for a new term of three years beginning [date] and ending [date], unless sooner terminated by law.
[Punong Barangay]
LXIX. Frequently Asked Questions
1. How long is the term of office of Lupon members?
Lupon members generally serve for three years, unless sooner terminated by resignation, removal, death, incapacity, disqualification, or other valid cause.
2. Are Lupon members elected?
No. Lupon members are appointed by the Punong Barangay.
3. Can Lupon members be reappointed?
Yes. Qualified and willing members may be reappointed.
4. Does a new barangay captain automatically remove all Lupon members?
A new Punong Barangay should ensure a properly constituted Lupon. Depending on term status and procedure, members may be reappointed or replaced. Records and valid settlements should remain preserved.
5. Can a Lupon member continue after three years?
The safer practice is to issue a lawful reappointment. Informal service after expiration may create questions.
6. What happens if a Lupon member resigns?
The Punong Barangay should appoint a qualified replacement and update the Lupon roster.
7. Can a Lupon member be removed?
Yes, for valid cause and with fair procedure, depending on applicable rules.
8. Can a party object to a Lupon member?
Yes, especially if there is bias, conflict of interest, relationship to a party, or disqualification.
9. Is the Punong Barangay part of the Lupon?
Yes. The Punong Barangay is the Lupon chairperson.
10. What is the Pangkat ng Tagapagkasundo?
It is a conciliation panel formed from Lupon members to help settle a dispute when initial mediation fails.
11. Do Pangkat members have a separate three-year term?
No. They serve for the particular dispute as Pangkat members, while their authority comes from their Lupon membership.
12. Can Lupon members decide cases like judges?
No. Their primary role is mediation and conciliation, not full judicial adjudication.
13. What if the Lupon was not properly constituted?
Proceedings may be questioned. The barangay should correct the roster and appointments promptly.
14. Can Lupon members receive honoraria?
They may receive allowances or incentives if legally authorized and budgeted, but they are not ordinary salaried court employees.
15. Are Lupon settlements valid after members’ terms expire?
A valid settlement made during proper authority generally remains valid despite later expiration of a member’s term.
LXX. Key Legal Principles
The key principles are:
- The Lupong Tagapamayapa is part of the barangay justice system.
- The Punong Barangay serves as Lupon chairperson.
- Lupon members are appointed, not elected.
- Lupon members generally serve a three-year term.
- Members may be reappointed if still qualified.
- Vacancies should be filled promptly.
- Replacement members should be properly documented.
- A new Punong Barangay should ensure a properly constituted Lupon.
- Lupon membership should be based on integrity, impartiality, fairness, and community trust.
- Political loyalty should not override qualification and neutrality.
- Pangkat members are selected from the Lupon for particular disputes.
- Conflicted or biased members should not participate in specific cases.
- Barangays should maintain clear appointment and term records.
- Expiration of a member’s term does not erase valid prior settlements.
- A defective Lupon roster may create challenges to proceedings.
Conclusion
The Lupong Tagapamayapa is essential to community-based dispute resolution in the Philippines. Its members help settle disputes before they escalate to courts, prosecutors, or other formal proceedings. Because the Lupon performs a legal function, its membership and term of office must be properly observed.
Lupon members generally serve for three years, unless their service ends earlier due to resignation, removal, death, incapacity, disqualification, or other valid cause. They may be reappointed if qualified and willing. A new Punong Barangay should ensure that the barangay has a properly constituted Lupon, with clear appointments, updated roster, and complete records.
The term of office is not a mere technicality. It helps establish the authority, legitimacy, and continuity of barangay conciliation. Barangays should avoid informal or expired rosters and should appoint qualified, impartial, respected members who can perform the Lupon’s work with fairness and confidentiality.
The guiding rule is clear: Lupon members serve a fixed term, but the barangay must continuously maintain a lawful, impartial, and properly documented Lupong Tagapamayapa to preserve the integrity of barangay justice.