MALACAÑANG
M a n i l aPRESIDENTIAL DECREE No. 1508 June 11, 1978
(repealed by R.A. 7160)ESTABLISHING A SYSTEM OF AMICABLY SETTLING DISPUTES AT THE BARANGAY LEVEL
WHEREAS, the perpetuation and official recognition of the time-honored tradition of amicably settling disputes among family and barangay members at the barangay level without judicial resources would promote the speedy administration of justice and implement the constitutional mandate to preserve and develop Filipino culture and to strengthen the family as a basic social institution;
WHEREAS, the indiscriminate filing of cases in the courts of justice contributes heavily and unjustifiably to the congestion of court dockets, thus causing a deterioration in the quality of justice;
WHEREAS, in order to help relieve the courts of such docket congestion and thereby enhance the quality of justice dispensed by the courts, it is deemed desirable to formally organize and institutionalize a system of amicably settling disputes at the barangay level;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in...
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Presidential Decrees
Establishing A System Of Amicably Settling Disputes At The Barangay Level
Presidential Decree No. 1508
Summary of Presidential Decree No. 1508
Establishing a System of Amicably Settling Disputes at the Barangay Level
- Purpose: To promote speedy administration of justice, preserve Filipino culture, and strengthen the family as a basic social institution by officially recognizing the tradition of amicably settling disputes at the barangay level. (Whereas clauses)
- Creation of Lupong Tagapayapa (Lupon): (Section 1)
- Composed of the Barangay Captain as chairman and 10-20 members appointed by the Barangay Captain.
- Members must be residents or workers in the barangay, with integrity, impartiality, fairness, and probity.
- Appointed for a term of 2 years, taking oath before the Barangay Captain.
- Functions: Administrative supervision over conciliation panels, monthly meetings, and forum for dispute resolution.
- Conciliation Panels (Pangkat ng Tagapagkasundo): (Section 1)
- Constituted for each dispute, consisting of 3 members chosen by agreement of parties from the Lupon list.
- If parties fail to agree, a striking-out process is followed to select the 3 members and an alternate.
- Pangkat elects a chairman and secretary, keeps minutes, and issues notices.
- Subject Matters for Amicable Settlement: (Section 2)
- Covers all disputes except those involving the government, public officers/employees in official functions, offenses punishable by over 30 days imprisonment or P200 fine, offenses without private offended party, and other classes determined by the Prime Minister.
- Venue: (Section 3)
- Disputes between residents of the same barangay are brought before the Lupon of that barangay.
- Disputes involving residents of different barangays within the same city/municipality are brought in the barangay where the respondent resides.
- Disputes involving real property are brought in the barangay where the property is located.
- No authority over disputes involving parties from different cities/municipalities (except adjoining barangays) or real property in different municipalities.
- Procedure for Amicable Settlement: (Section 4)
- Complainant initiates proceedings orally or in writing to the Barangay Captain.
- Barangay Captain summons parties for mediation within 15 days, failing which a Pangkat is constituted.
- Pangkat convenes within 3 days, hears parties and witnesses, and explores settlement possibilities within 15 days (extendible by 15 days in meritorious cases).
- Sanctions for refusal/failure to appear: contempt of court, barring judicial recourse/counterclaim, and disqualification from public office.
- Form of Settlement: (Section 5)
- In writing, in a language/dialect known to parties, signed by parties, and attested by Barangay Captain or Pangkat Chairman.
- Conciliation as Pre-condition to Filing Complaint: (Section 6)
- No complaint can be filed in court unless there has been a confrontation before the Lupon/Pangkat and no settlement was reached, as certified by the Secretary, or the settlement was repudiated.
- Exceptions: cases involving detention, deprivation of liberty, actions with provisional remedies, and actions barred by statute of limitations.
- Arbitration: (Section 7)
- Parties may agree in writing to abide by the arbitration award of the Barangay Captain or Pangkat, which can be repudiated within 5 days on grounds specified in Section 13.
- Arbitration award is made after the repudiation period and within 10 days thereafter.
- Proceedings and Appearance: (Sections 8-9)
- Proceedings are public and informal, unless excluded for privacy, decency, or public morals.
- Parties must appear in person without counsel/representative, except for minors and incompetents assisted by next of kin who are not lawyers.
- Admissions and Effect of Settlement/Award: (Sections 10-11)
- Admissions made during proceedings are admissible in other proceedings.
- Settlement and arbitration award have the force and effect of a final court judgment after 10 days, unless repudiated or nullified.
- Execution and Repudiation: (Sections 12-13)
- Settlement or award may be enforced by execution within 1 year, or by court action after 1 year.
- Any party may repudiate the settlement within 10 days by filing a sworn statement with the Barangay Captain if consent was vitiated by fraud, violence, or intimidation.
- Transmittal to Court and Power to Administer Oaths: (Sections 14-15)
- Secretary transmits settlement/award to local court within 5 days and furnishes copies to parties.
- Barangay Captain and Pangkat members are authorized to administer oaths.
- Administration and Appropriations: (Sections 16-18)
- Minister of Local Government and Community Development implements and administers the decree, with power to promulgate rules and regulations in consultation with the Minister of Justice.
- Legal questions are resolved by the Minister of Justice.
- P25,000,000 is appropriated from the General Funds for the current year, and subsequent appropriations to be provided in the General Annual Appropriation Acts.
- Effectivity: (Section 19)
- The decree takes effect 6 months after promulgation.
Establishing a System of Amicably Settling Disputes at the Barangay Level
- Purpose: To promote speedy administration of justice, preserve Filipino culture, and strengthen the family as a basic social institution by officially recognizing the tradition of amicably settling disputes at the barangay level. (Whereas clauses)
- Creation of Lupong Tagapayapa (Lupon): (Section 1)
- Composed of the Barangay Captain as chairman and 10-20 members appointed by the Barangay Captain.
- Members must be residents or workers in the barangay, with integrity, impartiality, fairness, and probity.
- Appointed for a term of 2 years, taking oath before the Barangay Captain.
- Functions: Administrative supervision over conciliation panels, monthly meetings, and forum for dispute resolution.
- Conciliation Panels (Pangkat ng Tagapagkasundo): (Section 1)
- Constituted for each dispute, consisting of 3 members chosen by agreement of parties from the Lupon list.
- If parties fail to agree, a striking-out process is followed to select the 3 members and an alternate.
- Pangkat elects a chairman and secretary, keeps minutes, and issues notices.
- Subject Matters for Amicable Settlement: (Section 2)
- Covers all disputes except those involving the government, public officers/employees in official functions, offenses punishable by over 30 days imprisonment or P200 fine, offenses without private offended party, and other classes determined by the Prime Minister.
- Venue: (Section 3)
- Disputes between residents of the same barangay are brought before the Lupon of that barangay.
- Disputes involving residents of different barangays within the same city/municipality are brought in the barangay where the respondent resides.
- Disputes involving real property are brought in the barangay where the property is located.
- No authority over disputes involving parties from different cities/municipalities (except adjoining barangays) or real property in different municipalities.
- Procedure for Amicable Settlement: (Section 4)
- Complainant initiates proceedings orally or in writing to the Barangay Captain.
- Barangay Captain summons parties for mediation within 15 days, failing which a Pangkat is constituted.
- Pangkat convenes within 3 days, hears parties and witnesses, and explores settlement possibilities within 15 days (extendible by 15 days in meritorious cases).
- Sanctions for refusal/failure to appear: contempt of court, barring judicial recourse/counterclaim, and disqualification from public office.
- Form of Settlement: (Section 5)
- In writing, in a language/dialect known to parties, signed by parties, and attested by Barangay Captain or Pangkat Chairman.
- Conciliation as Pre-condition to Filing Complaint: (Section 6)
- No complaint can be filed in court unless there has been a confrontation before the Lupon/Pangkat and no settlement was reached, as certified by the Secretary, or the settlement was repudiated.
- Exceptions: cases involving detention, deprivation of liberty, actions with provisional remedies, and actions barred by statute of limitations.
- Arbitration: (Section 7)
- Parties may agree in writing to abide by the arbitration award of the Barangay Captain or Pangkat, which can be repudiated within 5 days on grounds specified in Section 13.
- Arbitration award is made after the repudiation period and within 10 days thereafter.
- Proceedings and Appearance: (Sections 8-9)
- Proceedings are public and informal, unless excluded for privacy, decency, or public morals.
- Parties must appear in person without counsel/representative, except for minors and incompetents assisted by next of kin who are not lawyers.
- Admissions and Effect of Settlement/Award: (Sections 10-11)
- Admissions made during proceedings are admissible in other proceedings.
- Settlement and arbitration award have the force and effect of a final court judgment after 10 days, unless repudiated or nullified.
- Execution and Repudiation: (Sections 12-13)
- Settlement or award may be enforced by execution within 1 year, or by court action after 1 year.
- Any party may repudiate the settlement within 10 days by filing a sworn statement with the Barangay Captain if consent was vitiated by fraud, violence, or intimidation.
- Transmittal to Court and Power to Administer Oaths: (Sections 14-15)
- Secretary transmits settlement/award to local court within 5 days and furnishes copies to parties.
- Barangay Captain and Pangkat members are authorized to administer oaths.
- Administration and Appropriations: (Sections 16-18)
- Minister of Local Government and Community Development implements and administers the decree, with power to promulgate rules and regulations in consultation with the Minister of Justice.
- Legal questions are resolved by the Minister of Justice.
- P25,000,000 is appropriated from the General Funds for the current year, and subsequent appropriations to be provided in the General Annual Appropriation Acts.
- Effectivity: (Section 19)
- The decree takes effect 6 months after promulgation.