I. Introduction

The Lupong Tagapamayapa, commonly called the Lupon, is the barangay body responsible for implementing the Katarungang Pambarangay system of amicable settlement under Philippine law. It is the community-based mechanism through which certain disputes are first brought before the barangay for mediation, conciliation, or arbitration before court action may proceed.

One recurring question in barangay governance is: How long do members of the Lupong Tagapamayapa serve?

Under the Local Government Code framework, members of the Lupong Tagapamayapa generally serve for a term of three years, unless sooner terminated by resignation, transfer of residence or place of work, withdrawal of appointment, incapacity, death, or other valid cause. Their term is connected with the organizing authority of the Punong Barangay, who constitutes the Lupon.

This article explains the composition, appointment, qualifications, term, vacancy rules, effect of barangay elections, reappointment, removal, continuation in service, functions, and legal significance of the term of office of Lupong Tagapamayapa members in the Philippine context.

II. What Is the Lupong Tagapamayapa?

The Lupong Tagapamayapa is a barangay-based body created to help settle disputes between parties through conciliation, mediation, and arbitration.

It is not a regular court. It does not impose criminal punishment or decide cases in the same way judges do. Its purpose is to encourage community settlement, reduce court congestion, preserve harmony, and provide accessible local dispute resolution.

The Lupon operates under the barangay justice system, also known as Katarungang Pambarangay.

III. Legal Basis

The Lupon is governed primarily by the Local Government Code of 1991, particularly the provisions on Katarungang Pambarangay.

The Code provides for:

constitution of the Lupon;
appointment of Lupon members;
qualifications;
term of office;
functions;
formation of Pangkat ng Tagapagkasundo;
barangay conciliation procedure;
settlement and arbitration;
issuance of certifications;
effect of settlement or arbitration award;
enforcement;
exceptions to barangay conciliation.

Local ordinances, Department of the Interior and Local Government guidance, and barangay rules may supplement the process, but they cannot contradict the statute.

IV. Composition of the Lupon

The Lupong Tagapamayapa is composed of:

the Punong Barangay as chairperson; and
a number of Lupon members appointed from qualified residents or persons working in the barangay.

The Local Government Code contemplates a Lupon composed of the Punong Barangay and not less than ten nor more than twenty members.

These members are chosen for their integrity, impartiality, independence of mind, reputation for fairness, and ability to help settle disputes.

V. Who Appoints the Lupon Members?

The Punong Barangay constitutes the Lupon and appoints its members.

The Punong Barangay does not merely inherit a permanent list of members. The Lupon is constituted according to the procedure under the Local Government Code.

The process generally involves:

determining qualified persons in the barangay;
preparing a notice to constitute the Lupon;
inviting nominations or considering qualified residents;
appointing members;
posting or publishing the list, where required;
allowing objections or challenges if applicable;
finalizing the Lupon membership;
administering oath or recognizing appointment;
maintaining Lupon records.

The Punong Barangay’s role is important because the Lupon is a barangay institution, but its members must still be impartial when handling disputes.

VI. Qualification of Lupon Members

A Lupon member should generally be:

actually residing or working in the barangay;
of legal age;
of good moral character;
not otherwise disqualified by law;
willing to serve;
capable of performing mediation or conciliation functions;
respected in the community;
independent and fair-minded.

The law emphasizes persons who can help resolve disputes. Formal legal training is not required. In fact, the barangay justice system is designed to be practical, accessible, and community-based.

However, a Lupon member must be able to listen fairly, avoid bias, keep proceedings orderly, preserve confidentiality where appropriate, and assist parties toward settlement.

VII. Disqualifications and Unsuitable Persons

A person may be unsuitable for Lupon membership if they:

are not a resident or worker in the barangay;
lack legal capacity;
have serious conflicts of interest;
are known to be biased or hostile toward certain parties;
have a record of dishonesty or misconduct;
use the position for political influence;
cannot maintain confidentiality;
refuse to attend proceedings;
cannot perform duties due to incapacity;
are otherwise disqualified under applicable law or rules.

The Lupon should not be treated as a political reward system. Members are expected to help administer a community justice mechanism, not serve partisan interests.

VIII. The Term of Office

The standard term of office of Lupong Tagapamayapa members is three years.

This means that, once appointed, a Lupon member generally serves for a three-year term unless the appointment ends earlier for a lawful reason.

The three-year term promotes continuity. Barangay conciliation requires experience, familiarity with procedure, and public trust. A fixed term helps Lupon members develop skill and consistency in handling disputes.

IX. When Does the Term Begin?

The term generally begins upon valid appointment or upon completion of the required process constituting the Lupon, depending on the barangay’s implementation and applicable administrative practice.

In practical terms, the beginning of the term may be evidenced by:

appointment letter;
Lupon membership list;
oath of office;
barangay resolution or record;
posting of final list;
minutes showing constitution of the Lupon;
certificate or order issued by the Punong Barangay.

For clarity, every barangay should keep written records showing the exact date of appointment and the expected end of the three-year term.

X. Does the Term Run With the Punong Barangay’s Term?

The Lupon is constituted by the Punong Barangay. Because the Punong Barangay chairs the Lupon and has authority to appoint members, barangay elections and changes in the Punong Barangay often affect Lupon composition.

However, the statutory term of Lupon members is still generally stated as three years, unless sooner terminated.

In practice, a newly elected Punong Barangay may constitute or reconstitute the Lupon in accordance with law. This can lead to questions about whether existing Lupon members continue until the end of their three-year appointment or whether a new Lupon should be constituted by the new Punong Barangay.

The safest governance practice is to follow the Local Government Code procedure, document the constitution or reconstitution of the Lupon, and avoid arbitrary removal without basis. Where uncertainty exists, the barangay may seek guidance from the DILG or local legal office.

XI. May Lupon Members Be Reappointed?

Yes. A qualified Lupon member may be reappointed after the expiration of the term.

There is no general principle that experience disqualifies a member. In fact, experienced Lupon members may be valuable because they understand mediation, settlement drafting, hearing procedure, and barangay documentation.

However, reappointment should not be automatic. The Punong Barangay should consider:

attendance record;
impartiality;
performance;
availability;
community trust;
ability to mediate;
absence of conflicts of interest;
willingness to continue serving.

A member who repeatedly fails to attend or shows bias should not be reappointed merely because they previously served.

XII. Can the Term Be Shortened?

Yes. Although the regular term is three years, a Lupon member’s service may end earlier for valid causes.

Possible causes include:

resignation;
death;
transfer of residence outside the barangay;
cessation of work in the barangay if qualification was based on working there;
incapacity;
withdrawal of appointment for cause;
misconduct;
conflict of interest;
refusal or failure to perform duties;
loss of qualification;
other lawful cause recognized by the proper authority.

The three-year term is not a license to remain despite disqualification, bias, incapacity, or nonperformance.

XIII. Resignation of a Lupon Member

A Lupon member may resign.

Resignation should ideally be in writing and addressed to the Punong Barangay. It should state the effective date of resignation.

The barangay should record the resignation in Lupon records and appoint a replacement if necessary.

A resignation may be appropriate when the member:

moves to another barangay;
becomes too busy to serve;
has health issues;
has recurring conflicts of interest;
accepts a role incompatible with Lupon duties;
no longer wishes to serve.

XIV. Transfer of Residence or Workplace

A Lupon member should be connected to the barangay by residence or work.

If a member was appointed because they reside in the barangay and they permanently move out, their qualification may cease.

If a member was appointed because they work in the barangay and they no longer work there, their qualification may also be affected.

The barangay should verify whether the transfer is permanent or temporary. Short travel or temporary absence does not necessarily end membership. Permanent relocation may.

XV. Vacancy in the Lupon

A vacancy occurs when a Lupon member’s position becomes empty before the end of the term.

Vacancies may arise from:

resignation;
death;
transfer;
removal for cause;
incapacity;
loss of qualification;
failure to serve;
appointment to another incompatible role.

The Punong Barangay should fill the vacancy by appointing a qualified replacement, following the applicable procedure.

The replacement may serve the unexpired portion of the term or a term consistent with the Lupon’s reconstitution practice, depending on how the appointment is made and recorded.

XVI. Removal or Withdrawal of Appointment

A Lupon member should not be removed arbitrarily. The position involves public service in a quasi-community justice function. Removal should be based on valid reason.

Possible grounds for removal or withdrawal of appointment include:

repeated failure to attend Lupon proceedings;
inability to perform duties;
bias or partiality;
conflict of interest;
misconduct;
breach of confidentiality;
using the Lupon position for personal advantage;
disrespectful or abusive conduct toward parties;
loss of qualification;
refusal to take part in required proceedings.

The member should ordinarily be informed of the reason and given an opportunity to respond if removal is based on misconduct or contested facts.

XVII. Does a Lupon Member Receive Salary?

Lupon membership is generally a form of public service. Members are not regular barangay employees merely by being Lupon members.

They may receive honoraria, allowances, or benefits only if authorized by law, budget, and applicable rules.

Any payment from barangay funds must be legally supported. The barangay cannot pay unauthorized compensation merely by local agreement.

The absence of salary does not mean the role is unimportant. Lupon members perform a legally recognized public function.

XVIII. Oath of Office

Lupon members may be required or expected to take an oath before performing duties, depending on local practice and applicable guidance.

An oath emphasizes that the member must act fairly, honestly, and in accordance with law.

The barangay should keep records of:

appointment;
oath;
acceptance;
date of service;
contact details;
committee or panel assignments;
training attendance, if any.

XIX. Training and Orientation

Lupon members should receive orientation on Katarungang Pambarangay procedures.

Training should cover:

jurisdiction of barangay conciliation;
cases covered and excluded;
summons and notices;
mediation by the Punong Barangay;
constitution of the Pangkat;
conciliation procedure;
settlement agreement;
arbitration agreement;
certificate to file action;
confidentiality;
neutrality;
recordkeeping;
enforcement of settlements;
ethical conduct.

Because Lupon members serve for three years, training early in the term is ideal.

XX. Functions of the Lupon

The Lupon’s primary functions include:

exercising administrative supervision over conciliation panels;
helping settle disputes covered by the barangay justice system;
maintaining peace and harmony in the barangay;
assisting in mediation and conciliation;
participating in the Pangkat ng Tagapagkasundo when selected;
ensuring settlement agreements are properly made;
helping reduce court congestion;
strengthening community dispute resolution.

The Lupon as a body is the pool from which Pangkat members are chosen.

XXI. The Punong Barangay as Lupon Chairperson

The Punong Barangay is the chairperson of the Lupon.

As chairperson, the Punong Barangay generally:

receives complaints;
conducts initial mediation;
summons parties;
attempts settlement;
refers unresolved matters to the Pangkat;
supervises Lupon functions;
keeps or causes records to be kept;
issues certifications when legally proper;
ensures procedure is followed;
appoints Lupon members.

The Punong Barangay’s term as elected official differs from ordinary Lupon member service, but the Punong Barangay’s office is central to Lupon operation.

XXII. Pangkat ng Tagapagkasundo

The Pangkat ng Tagapagkasundo is a conciliation panel selected from the Lupon members to hear a specific dispute when the Punong Barangay’s mediation fails.

The Pangkat is usually composed of three members chosen according to the procedure under the Local Government Code.

The Pangkat’s role is case-specific. Its members do not have a separate three-year Pangkat term for all disputes. They serve as a panel for the dispute assigned to them.

The Lupon member’s three-year term is different from service in a particular Pangkat.

XXIII. Term of Lupon Members vs. Term of Pangkat Members

A Lupon member generally serves a three-year term as part of the Lupon.

A Pangkat member serves for the particular dispute or proceeding for which they are selected.

The distinction is important:

Position	Nature	Duration
Lupon member	Member of barangay Lupon pool	Generally 3 years unless sooner terminated
Pangkat member	Member of 3-person conciliation panel	For the specific dispute assigned
Punong Barangay	Lupon chairperson by office	While serving as Punong Barangay, subject to law

A Lupon member may sit in many Pangkats during the three-year term or may not be selected for some cases.

XXIV. Effect of Expiration of the Three-Year Term

When the three-year term expires, the Lupon should be reconstituted.

The Punong Barangay should review membership and appoint qualified members for the next term.

Possible outcomes:

some members are reappointed;
some members are replaced;
new members are added;
inactive members are dropped;
membership is reorganized.

The barangay should avoid allowing an expired Lupon roster to continue indefinitely without proper reconstitution, because this may create procedural questions.

XXV. Holdover Issue

A practical issue arises when the three-year term expires but the Lupon has not yet been formally reconstituted.

May existing members continue to act?

The answer depends on applicable law, administrative guidance, and necessity. In public office, holdover is not always presumed unless authorized by law or necessary to avoid interruption of public service.

For practical purposes, the barangay should avoid the problem by timely reconstituting the Lupon before or immediately after expiration.

If urgent disputes arise during transition, the Punong Barangay should document actions carefully and seek guidance if needed.

XXVI. Effect of Barangay Elections

Barangay elections may result in a new Punong Barangay. Since the Punong Barangay constitutes the Lupon, a change in barangay leadership often leads to reconstitution or review of the Lupon.

The incoming Punong Barangay should:

review existing Lupon records;
determine expiration of member terms;
constitute or reconstitute the Lupon as required;
appoint qualified members;
ensure training and orientation;
avoid arbitrary exclusion based purely on politics;
maintain continuity of pending proceedings where legally proper.

Pending barangay conciliation proceedings should be handled carefully to avoid procedural defects.

XXVII. Can a Former Barangay Official Serve as Lupon Member?

Yes, if qualified.

Former barangay officials may serve as Lupon members if they reside or work in the barangay and meet the qualifications.

They may be useful because of experience in community affairs. However, they must act impartially and should not use the Lupon to continue political influence.

XXVIII. Can Current Barangay Officials Serve as Lupon Members?

The Punong Barangay chairs the Lupon by law. As to other barangay officials, the barangay should be careful.

The Lupon should be composed of qualified persons who can act impartially and be available. If a current barangay official is considered for membership, questions may arise about independence, workload, conflicts, or political influence.

Where specific rules or guidance restrict or discourage certain officials from serving as ordinary Lupon members, those should be followed.

The safest approach is to choose respected community members who can serve neutrally.

XXIX. Can Lawyers Serve as Lupon Members?

A lawyer residing or working in the barangay may be qualified to serve as a Lupon member.

However, Katarungang Pambarangay is not intended to be overly technical. A lawyer-member must act as mediator or conciliator, not as counsel for one party.

A lawyer who has represented or advised a party in the dispute should not sit in the Pangkat for that dispute due to conflict of interest.

XXX. Can Women, Youth, Senior Citizens, and Sectoral Representatives Serve?

Yes, if qualified.

A good Lupon should reflect community trust and diversity. Barangays may consider appointing persons from different sectors, such as:

women leaders;
senior citizens;
educators;
religious or civic leaders;
youth representatives of legal age;
business owners;
homeowners’ association leaders;
indigenous cultural community leaders where applicable;
respected professionals;
community volunteers.

Diversity helps parties feel represented and heard.

XXXI. Is Membership Mandatory?

A person should not be forced to serve if unwilling or unable.

Lupon work requires time, patience, and impartiality. A person who cannot attend proceedings or does not wish to serve may decline.

Acceptance should be voluntary, although public-spirited participation is encouraged.

XXXII. Record of Appointment

The barangay should keep a clear record of each Lupon member’s appointment.

The record should include:

full name;
address;
basis of qualification;
contact information;
date of appointment;
date of oath;
expected end of term;
resignation or removal record, if any;
reappointment record;
training record.

This prevents disputes about whether a person was validly serving.

XXXIII. Posting of Lupon Members

The list of Lupon members should generally be made known to the community.

Public posting promotes transparency and allows residents to know who may participate in conciliation proceedings.

It also allows parties to raise objections if a proposed member has bias, conflict of interest, or disqualification.

XXXIV. Objections to Lupon Membership

A resident or concerned party may object to a proposed or serving Lupon member if there is a valid reason.

Possible objections include:

lack of residence or work connection;
conflict of interest;
bias;
bad moral reputation;
incapacity;
political harassment concerns;
relationship with frequent parties;
prior misconduct;
breach of confidentiality;
nonattendance.

The objection should be factual and respectful. Bare political disagreement should not be enough.

XXXV. Conflict of Interest

A Lupon member should not participate in a dispute where they have a conflict of interest.

Conflicts may arise when the member:

is related to a party;
has business dealings with a party;
has personal hostility toward a party;
has previously advised one party;
has a financial interest in the dispute;
is a witness to the events;
stands to benefit from the outcome;
has publicly taken sides.

A conflict in one case does not necessarily remove the member from the Lupon entirely, but the member should inhibit from that dispute.

XXXVI. Inhibition From a Pangkat

If a Lupon member selected for a Pangkat has bias or conflict, the member should inhibit or be replaced according to procedure.

The legitimacy of barangay conciliation depends on impartiality. A settlement process conducted by a biased panel may undermine trust and later raise procedural objections.

XXXVII. Effect of Invalid Lupon Composition

If the Lupon was improperly constituted, questions may arise about the validity of proceedings, especially if a certification to file action is later issued or settlement is enforced.

However, not every irregularity automatically voids everything. The effect depends on the nature of the defect, whether parties objected, whether due process was affected, and whether substantial compliance existed.

To avoid challenges, barangays should properly constitute the Lupon and keep complete records.

XXXVIII. Term and Pending Cases

If a Lupon member’s term expires while a case is pending, the barangay should determine whether the member may continue handling that particular dispute or whether a reconstituted Lupon or new Pangkat should take over.

The safer approach is to ensure that pending proceedings are handled by members with valid current authority.

If a Pangkat must be reconstituted, notices and records should clearly show the change.

XXXIX. Can a Lupon Member Be Paid Per Case?

Any payment, allowance, or honorarium must be authorized by law, budget, and applicable rules.

A barangay should not create unauthorized per-case fees payable by parties or unofficial payments to Lupon members.

Charging parties unofficial fees for Lupon services may be improper and may expose officials or members to liability.

If authorized allowances exist, they should be paid through proper public accounting procedures, not private collection.

XL. Prohibition Against Using Lupon Position for Personal Gain

A Lupon member must not use the position to:

solicit money;
pressure parties;
favor relatives;
influence settlement for personal benefit;
threaten issuance or withholding of certification;
extract fees;
promote political interests;
disclose confidential information;
act as a private fixer;
coerce settlement.

Such acts may justify removal and possible legal action.

XLI. Duties During the Three-Year Term

During the term, a Lupon member should:

attend required meetings;
participate when selected for a Pangkat;
remain impartial;
respect parties;
keep proceedings orderly;
encourage voluntary settlement;
avoid coercion;
observe confidentiality;
sign only accurate records;
avoid conflicts of interest;
undergo training if available;
assist in community dispute prevention.

The term is not merely honorary. It carries active responsibility.

XLII. Attendance Obligations

Lupon members must be available to perform functions. Repeated nonattendance may justify replacement or non-reappointment.

The barangay should maintain attendance records for:

Lupon meetings;
trainings;
mediation sessions;
Pangkat hearings;
special conferences;
community justice activities.

Attendance records help determine whether a member is performing.

XLIII. Confidentiality

Lupon members often hear sensitive matters involving family disputes, debts, property issues, insults, minor offenses, and neighborhood conflicts.

They should avoid public discussion of confidential matters.

A member who reveals private information learned during proceedings may lose public trust and may be removed or disciplined depending on circumstances.

XLIV. Neutrality and Impartiality

A Lupon member must not act as advocate for either party.

Neutrality requires:

listening to both sides;
avoiding premature judgment;
not accepting gifts;
not pressuring weaker parties;
not favoring relatives or allies;
not using political influence;
allowing parties to speak;
encouraging fair settlement.

Partiality undermines the whole purpose of the Lupon.

XLV. Authority of the Lupon Member

A Lupon member does not have the authority of a judge.

A Lupon member cannot:

order imprisonment;
impose criminal penalties;
force a party to settle;
issue a warrant;
garnish wages;
declare someone guilty of a crime;
decide cases beyond barangay conciliation authority;
collect unauthorized fees;
notarize settlements unless separately authorized as a notary;
override court orders.

The Lupon helps settle disputes. It does not replace courts.

XLVI. Term and Accountability

Because the Lupon member serves for a fixed term, accountability should be continuous.

A member may be evaluated based on:

attendance;
fairness;
settlement skills;
complaints from parties;
knowledge of procedure;
respect for confidentiality;
compliance with records;
willingness to undergo training;
absence of abuse;
community trust.

At the end of the three-year term, performance should influence reappointment.

XLVII. Administrative Supervision

The Punong Barangay supervises the Lupon as chairperson.

The Sangguniang Barangay, DILG, local legal offices, and courts may indirectly become involved when disputes arise about process, certification, or legality.

The Lupon itself should maintain orderly records to allow review when necessary.

XLVIII. Term of Office and Validity of Certificates

One important reason the term matters is that Lupon and Pangkat proceedings may result in issuance of certificates, such as:

certification to file action;
certification to bar action;
certification of settlement;
certification of non-settlement;
certification of repudiation;
related barangay justice records.

If the persons handling proceedings lacked authority due to expired or invalid appointment, the certificate may be questioned.

This is why barangays must keep Lupon appointments current.

XLIX. Certificate to File Action

A Certificate to File Action is issued when barangay conciliation fails or when a party refuses to appear and the law allows the case to proceed.

It is important because certain cases cannot be filed in court or before the prosecutor without first undergoing barangay conciliation.

The certificate should be issued by the proper barangay authority after compliance with the required procedure.

The authority of the Lupon and Pangkat members involved may matter if the certificate is challenged.

L. Settlement Agreements

A settlement reached through barangay conciliation may have legal effect.

It should be:

in writing;
in a language or dialect known to the parties;
signed by the parties;
attested by the Lupon chairperson or Pangkat chairperson, as applicable;
entered in the proper records;
voluntarily made;
not contrary to law, morals, public policy, or rights of non-parties.

Lupon members whose terms are validly running are better positioned to attest and participate.

LI. Arbitration Before the Lupon or Pangkat

Parties may agree in writing to submit their dispute to arbitration under the barangay justice system.

An arbitration award may have binding effect if properly made.

Because arbitration is more adjudicative than simple mediation, the authority and impartiality of the participating Lupon or Pangkat members are especially important.

LII. Repudiation of Settlement

A party may repudiate a settlement within the period allowed by law if consent was vitiated by fraud, violence, or intimidation.

Lupon members must avoid coercive tactics because forced settlement may be repudiated.

The fixed term of Lupon members does not shield them from accountability if they pressure parties improperly.

LIII. Enforcement of Settlement or Award

Barangay settlements and arbitration awards may be enforced through barangay mechanisms within the period allowed by law, and later through court action when necessary.

Proper records are essential. If the Lupon was improperly constituted or the participating members lacked authority, enforcement may become more difficult.

LIV. Cases Covered by Katarungang Pambarangay

The Lupon handles disputes covered by barangay conciliation rules.

Generally, these may include disputes between individuals who reside in the same city or municipality, where the offense or claim falls within the barangay justice coverage.

Examples may include:

minor property disputes;
small debts;
neighbor conflicts;
minor physical injuries;
verbal disputes;
nuisance complaints;
minor damage to property;
family disputes not involving serious violence or excluded matters;
boundary misunderstandings;
community conflicts.

The exact coverage depends on the law, residence of parties, nature of offense, penalty, and exceptions.

LV. Cases Not Covered

Some matters are not subject to barangay conciliation.

Examples include:

disputes involving the government;
disputes involving public officers related to official duties;
offenses punishable by imprisonment beyond the statutory threshold;
offenses with no private offended party;
disputes involving parties who do not meet residency requirements;
urgent legal actions;
habeas corpus;
actions coupled with provisional remedies;
labor disputes under specialized labor jurisdiction;
serious crimes such as rape, child abuse, trafficking, and similar offenses;
cases where barangay settlement is legally inappropriate.

Lupon members must know these limits to avoid handling matters beyond authority.

LVI. Effect of Lupon Member’s Term on Jurisdiction

The Lupon member’s term does not create jurisdiction over disputes. Jurisdiction or coverage comes from law.

However, the member’s valid appointment affects authority to participate in proceedings.

A barangay cannot cure lack of case coverage merely by having valid Lupon members. Conversely, a covered case may still suffer procedural problems if handled by unauthorized members.

LVII. Documentation of Term

The barangay should maintain a Lupon term calendar.

This should show:

date of constitution;
names of members;
date appointments became effective;
end date of three-year term;
vacancies;
replacements;
reappointments;
date of reconstitution;
trainings completed;
pending cases at transition.

A term calendar prevents expired appointments from being overlooked.

LVIII. Best Practices for Constituting the Lupon

A Punong Barangay should:

identify respected community members;
ensure legal qualifications;
avoid purely partisan appointments;
document appointments in writing;
post or publish the list as required;
allow objections according to procedure;
administer oaths;
provide orientation;
maintain a roster;
monitor attendance and performance;
reconstitute the Lupon every three years;
fill vacancies promptly.

A well-constituted Lupon strengthens barangay justice.

LIX. Best Practices for Lupon Members

Lupon members should:

know their three-year term;
keep a copy of appointment;
attend orientation;
remain available;
avoid conflicts of interest;
be impartial;
keep information confidential;
avoid accepting gifts;
sign only truthful records;
participate respectfully;
decline cases where biased;
resign if unable to serve.

Lupon membership is a trust-based role.

LX. Best Practices for Parties in Barangay Proceedings

Parties should:

ask for the names of Lupon or Pangkat members;
raise conflicts of interest early;
attend scheduled sessions;
bring relevant documents;
speak respectfully;
avoid threats or intimidation;
read settlement agreements before signing;
request copies of documents;
note dates of proceedings;
consult counsel if unsure about legal effect.

Parties should not ignore barangay proceedings when legally required.

LXI. Common Problems Involving Lupon Terms

Common problems include:

Lupon not reconstituted after three years;
no appointment records;
politically selected members without community trust;
inactive members retained on paper;
expired members serving in Pangkat;
members who moved away still listed;
no record of resignation or replacement;
unclear start date of term;
pending cases during transition;
certificates issued without proper documentation.

These problems can be avoided through proper recordkeeping.

LXII. Can a Lupon Member Continue After Moving Out?

If the member no longer resides or works in the barangay, continued service may be improper.

The Lupon member should inform the Punong Barangay. The barangay should update the roster and appoint a replacement if needed.

A member who hides loss of qualification may cause procedural issues.

LXIII. Can a Lupon Member Be Replaced for Nonattendance?

Yes, if the member repeatedly fails to attend or perform duties.

The Punong Barangay should document:

notices sent;
sessions missed;
explanations given;
effect on proceedings;
opportunity to explain;
decision to replace.

Replacement should be based on performance and qualification, not retaliation.

LXIV. Can a Lupon Member Be Removed for Bias?

Yes, if bias is serious and affects ability to serve fairly.

Bias may justify:

inhibition from a specific case;
non-selection to a Pangkat;
warning;
removal or replacement if repeated or serious;
non-reappointment after term.

The remedy should match the problem.

LXV. Can a Lupon Member Be Removed Because of Politics?

A change in political leadership should not be used to arbitrarily remove members who are qualified and still within term, unless lawful reconstitution or valid cause applies.

The Lupon is a dispute resolution body and should be insulated from partisan control as much as possible.

However, because the Punong Barangay constitutes the Lupon and membership is not permanent, changes in composition may occur through lawful reconstitution, expiration of term, or valid replacement.

LXVI. What If the Punong Barangay Fails to Constitute the Lupon?

Failure to constitute the Lupon may impair barangay justice functions.

Consequences may include:

inability to properly process covered disputes;
delayed issuance of certificates;
complaints from residents;
governance issues;
possible administrative concern;
referral to DILG or local authorities.

The Punong Barangay has a duty to ensure the Lupon is functional.

LXVII. Accountability of the Punong Barangay

The Punong Barangay may be questioned if they:

fail to constitute the Lupon;
appoint unqualified members;
refuse to process complaints;
issue certificates improperly;
use the Lupon for political pressure;
tolerate bias or corruption;
fail to fill vacancies;
allow expired rosters to operate indefinitely;
mishandle settlement records;
collect unauthorized fees.

The Lupon system depends heavily on the Punong Barangay’s faithful performance.

LXVIII. Role of the Sangguniang Barangay

The Sangguniang Barangay may support the Lupon by:

providing budgetary support where lawful;
ensuring facilities for mediation;
helping maintain records;
supporting training;
respecting Lupon independence;
enacting local support measures consistent with law;
promoting community dispute prevention.

The Sangguniang Barangay should not interfere with impartial handling of disputes.

LXIX. Role of the DILG

The DILG may provide guidance, monitoring, training, and policy support related to barangay governance and Katarungang Pambarangay.

Barangays may seek DILG guidance on:

Lupon constitution;
term issues;
training;
forms and records;
procedural concerns;
barangay justice reporting;
awards and performance evaluation;
governance compliance.

DILG guidance is especially useful when local practice is unclear.

LXX. Legal Effect of Service Beyond Term Without Reappointment

If a person continues acting as Lupon member after term expiration without valid reappointment, actions taken may be questioned.

The seriousness of the defect depends on:

whether the Lupon was formally reconstituted;
whether parties objected;
whether the member was selected for a Pangkat;
whether settlement was voluntary;
whether authority was essential;
whether there was substantial compliance;
whether the defect prejudiced a party.

To avoid this uncertainty, formal reappointment or replacement should be documented.

LXXI. De Facto Officer Considerations

In some public law contexts, acts of a person acting under color of authority may be treated as valid under the de facto officer doctrine to protect the public and third persons.

However, barangays should not rely on this doctrine as a substitute for proper appointment.

The doctrine may protect certain acts from collateral attack, but it does not excuse failure to comply with appointment rules or term limits.

LXXII. Term and Awards or Performance Evaluation

Barangays and Lupons may be evaluated for performance, including effectiveness in settling disputes.

A stable and properly constituted Lupon improves:

settlement rate;
documentation;
community trust;
procedural compliance;
training continuity;
eligibility for recognition or awards.

Expired or inactive members can weaken performance.

LXXIII. Records to Keep for Each Three-Year Lupon Term

A barangay should keep:

notice of constitution of Lupon;
list of proposed members;
objections received, if any;
final list of appointed members;
appointment documents;
oaths;
member profiles;
resignation letters;
replacement appointments;
training certificates;
attendance records;
case assignment records;
Pangkat selection records;
settlement records;
certificates issued;
annual reports or performance summaries.

These records protect the barangay from procedural challenges.

LXXIV. Sample Appointment Clause

A simple appointment clause may state:

You are hereby appointed as a member of the Lupong Tagapamayapa of Barangay ______ for a term of three years, unless sooner terminated in accordance with law. As Lupon member, you are expected to perform your duties with impartiality, integrity, confidentiality, and commitment to peaceful settlement of disputes.

The actual appointment should follow the barangay’s required format and procedure.

LXXV. Sample Oath Statement

A Lupon member may state:

I solemnly swear that I will faithfully and impartially perform my duties as a member of the Lupong Tagapamayapa, uphold the law, preserve the confidentiality of proceedings, and help promote amicable settlement of disputes in the barangay.

The barangay should keep the signed oath in its records.

LXXVI. Sample Resignation

A resignation may state:

I respectfully tender my resignation as member of the Lupong Tagapamayapa of Barangay ______ effective ______ due to ______. I thank the barangay for the opportunity to serve and request that my resignation be recorded in the Lupon records.

Written resignation avoids confusion.

LXXVII. Sample Notice of Replacement for Nonattendance

A notice may state:

Records show that you failed to attend multiple scheduled Lupon/Pangkat proceedings on ______ despite notice. You are requested to explain within ______ days why your appointment as Lupon member should not be withdrawn or why you should not be replaced due to inability to perform your duties.

This protects due process.

LXXVIII. Frequently Asked Questions

1. How long is the term of a Lupong Tagapamayapa member?

The general term is three years, unless sooner terminated for lawful cause.

2. Who appoints Lupon members?

The Punong Barangay constitutes the Lupon and appoints its members.

3. How many members should the Lupon have?

The Lupon generally consists of the Punong Barangay as chairperson and not less than ten nor more than twenty members.

4. Can Lupon members be reappointed?

Yes. Qualified and effective members may be reappointed after expiration of the term.

5. Can a Lupon member resign?

Yes. Resignation should preferably be in writing and recorded by the barangay.

6. Can a Lupon member be removed before the three-year term ends?

Yes, for valid causes such as loss of qualification, incapacity, nonattendance, misconduct, conflict of interest, or other lawful reasons.

7. What happens if a Lupon member moves out of the barangay?

If the member no longer resides or works in the barangay, qualification may be lost and replacement may be appropriate.

8. Does a Pangkat member also serve for three years?

No. The three-year term applies to Lupon membership. A Pangkat member serves for the particular dispute for which the Pangkat is constituted.

9. Does a new Punong Barangay automatically replace all Lupon members?

A new Punong Barangay may constitute or reconstitute the Lupon according to law. Changes should be properly documented and should not be arbitrary.

10. What if the Lupon was not reconstituted after three years?

The barangay should reconstitute it promptly. Acts taken by expired or improperly listed members may create procedural questions.

11. Are Lupon members regular barangay employees?

Not merely by being Lupon members. They perform a public dispute-resolution function but are not automatically regular employees.

12. Are Lupon members paid?

They may receive only compensation, honoraria, or allowances authorized by law, budget, and applicable rules. Unauthorized private fees should not be collected.

13. Can a Lupon member refuse to serve in a case?

A member should inhibit if there is conflict of interest, bias, or inability to act fairly.

14. Can a Lupon member be a relative of a party?

The member should not participate in a Pangkat or proceeding involving close relatives or conflicts of interest.

15. Why does the term matter?

The term matters because only validly appointed Lupon members should participate in proceedings, sign records, sit in Pangkats, and help issue legally significant barangay justice documents.

LXXIX. Summary of Core Principles

The essential rules are:

The Lupong Tagapamayapa is the barangay body for amicable settlement of disputes.
The Punong Barangay is the Lupon chairperson.
The Lupon has not less than ten nor more than twenty appointed members.
Lupon members generally serve a three-year term.
The term may end earlier through resignation, death, transfer, incapacity, loss of qualification, removal for cause, or other lawful reason.
Qualified members may be reappointed.
The Lupon should be reconstituted when the term expires.
The term of Lupon membership is different from service in a Pangkat for a specific dispute.
Proper appointment records, oaths, rosters, and term dates should be maintained.
Lupon members must act impartially, confidentially, and without conflict of interest.
Expired or improperly constituted Lupon membership may create procedural issues.
The Punong Barangay should avoid political or arbitrary appointments and maintain a functional Lupon.

LXXX. Conclusion

Lupong Tagapamayapa members play an important role in the Philippine barangay justice system. Their work helps resolve disputes at the community level before parties resort to courts, prosecutors, or formal litigation. Because their function affects access to justice and the validity of barangay conciliation proceedings, their appointment and term of office must be properly observed.

The general term of office of a Lupon member is three years, unless the member’s service ends earlier for a lawful reason. The Punong Barangay constitutes the Lupon, appoints qualified members, fills vacancies, and ensures that the body remains functional. Members may be reappointed if they remain qualified and effective.

Barangays should keep clear appointment records, term calendars, oaths, training records, attendance sheets, and case assignments. They should timely reconstitute the Lupon when the three-year term expires and replace members who resign, move away, become incapacitated, or fail to perform. Lupon members, in turn, should serve with fairness, neutrality, confidentiality, and commitment to peaceful dispute resolution.

A properly constituted Lupon strengthens barangay governance. An expired, inactive, politicized, or poorly documented Lupon can create procedural problems and reduce public trust. For this reason, the three-year term should be treated not as a mere formality, but as a key part of lawful and effective Katarungang Pambarangay administration.