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KATARUNGANG PAMBARANGAY AS MEANS TO RESOLVE LAND DISPUTE?

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Lupong Tagapamayapa; Katarungang Pambarangay; Barangay Justice System; Pangkat ng Tagapagsundo; Lupon Pangkat; Barangay Lupon; Punong Barangay; Barangay settlement; Certificate to File Action; Certification to File Action; Local Government Code of 1991; Republic Act No. 7160; RA 7160; Local Government Unit or LGU; Summons; Condition Precedent; Lack of cause of action; Insufficient Cause of Action; Civil Case; Civil Action; Property dispute; land dispute; land conflict; real property; jurisdiction; venue of action; jurisdiction of the barangay lupon; authority of the lupong tagapamayapa; barangay amicable settlement; conciliation; mediation; arbitration; alternative modes of dispute resolution; alternative dispute resolution; arbitration award; contempt of court; sumon sa barangay; kaso sa barangay.

Salient provisions of the Local Government Code of 1991:

"SECTION 408. Subject Matter for Amicable Settlement; Exception Thereto. – The lupon of each barangay shall have authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes except:

"(a) Where one party is the government, or any subdivision or instrumentality thereof;

"(b) Where one party is a public officer or employee, and the dispute relates to the performance of his official functions;

"(c) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos (P5,000.00);

"(d) Offenses where there is no private offended party;

"(e) Where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon;

"(f) Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon;

"(g) Such other classes of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice.

"The court in which noncriminal cases not falling within the authority of the lupon under this Code are filed may, at any time before trial, motu proprio refer the case to the lupon concerned for amicable settlement."

posted by Parmenideil