Barangay Conciliation Timeline (Katarungang Pambarangay)
Barangay deadlines: summons the next working day, 15 days of mediation, then a pangkat that meets within 3 days and has 15 days (plus 15) to settle.
| Step | Time limit in the law | What happens | Source |
|---|---|---|---|
| 1. Complaint | No deadline in these sections (but see the note on prescription) | The complainant pays the filing fee and complains, orally or in writing, to the lupon chairman (the punong barangay) (Sec. 410(a)) | Local Government Code, Sec. 410(a), Supreme Court E-Library |
| 2. Summons | Within the next working day after the complaint | The lupon chairman summons the respondent, with notice to the complainant, to appear with their witnesses for mediation (Sec. 410(b)) | Local Government Code, Sec. 410(b), Supreme Court E-Library |
| 3. Mediation by the punong barangay | 15 days from the first meeting of the parties | If mediation fails within 15 days, the lupon chairman "shall forthwith set a date" to constitute the pangkat (Sec. 410(b)) | Local Government Code, Sec. 410(b), Supreme Court E-Library |
| 4. Pangkat is formed | No fixed number of days: the law says "forthwith" | A panel of three lupon members chosen by the parties; if they cannot agree, chosen by lots drawn by the lupon chairman (Sec. 404(a)) | Local Government Code, Secs. 404(a) and 410(b), Supreme Court E-Library |
| 5. Pangkat hearing | Not later than 3 days from its constitution | The pangkat hears both parties and their witnesses and may summon them to appear (Sec. 410(d)) | Local Government Code, Sec. 410(d), Supreme Court E-Library |
| 6. Pangkat settlement period | 15 days from the day it convenes, extendible by up to 15 more days, "except in clearly meritorious cases" | The pangkat tries to reach a settlement or resolution (Sec. 410(e)) | Local Government Code, Sec. 410(e), Supreme Court E-Library |
| 7. Written settlement | When the parties agree | In writing, in a language or dialect the parties know, signed by them and attested by the lupon or pangkat chairman (Sec. 411) | Local Government Code, Sec. 411, Supreme Court E-Library |
| Arbitration (optional, at any stage) | Agreement to arbitrate can be repudiated within 5 days; the award is made after that and within 10 days | The parties agree in writing to follow the award of the lupon chairman or the pangkat (Sec. 413(a)) | Local Government Code, Sec. 413, Supreme Court E-Library |
| 8. Repudiation | Within 10 days from the date of the settlement | A party whose consent was vitiated by fraud, violence or intimidation files a sworn statement with the lupon chairman. This is basis for a certification to file action (Sec. 418) | Local Government Code, Sec. 418, Supreme Court E-Library |
| 9. Settlement becomes final | After 10 days from its date | The settlement or award has the force and effect of a final court judgment, unless the settlement was repudiated or a petition to nullify the award was filed in the city or municipal court (Sec. 416) | Local Government Code, Sec. 416, Supreme Court E-Library |
| 10. Sent to the court | Within 5 days from the award, or from the end of the 10-day repudiation period | The lupon secretary sends the settlement or award to the city or municipal court and gives copies to the parties (Sec. 419) | Local Government Code, Sec. 419, Supreme Court E-Library |
| 11. Enforcement | Within 6 months from the date of the settlement; after that, by a case in court | The lupon can enforce the settlement or award by execution. After 6 months, it is enforced by an action in the city or municipal court (Sec. 417) | Local Government Code, Sec. 417, Supreme Court E-Library |
Notes
- The law gives no total length for the whole process, because the date to form the pangkat is set "forthwith" and not in a fixed number of days, and the pangkat period can be extended. Any single total number of days would be a guess.
- Filing at the barangay interrupts the prescriptive periods of the case, but for no more than 60 days from the filing with the punong barangay. They resume when the complainant receives the certification to file action or the certificate of repudiation (Sec. 410(c)). See Prescription of civil actions.
- Parties must appear in person, without a lawyer or representative. Only minors and incompetents may be assisted by next-of-kin who are not lawyers (Sec. 415). Hearings are public and informal, but the chairman may exclude the public for privacy, decency or public morals (Sec. 414).
- A case covered by barangay conciliation cannot be filed directly in court unless the parties faced each other before the lupon chairman or the pangkat and the lupon or pangkat secretary certifies that no settlement was reached (attested by the chairman), or unless the settlement was repudiated (Sec. 412(a)). The law lists some cases that may go directly to court (Sec. 412(b)). See certificate to file action.
- A certification issued too early can cause problems. In Bonifacio Law Office v. Bellosillo (2002), a certification issued with no pangkat formed and less than 15 days after the first scheduled hearing before the barangay chairman was called "improperly and prematurely issued", and the judge could send the case back to the barangay (E-Library). In Lumbuan v. Ronquillo (2006), the Court accepted "substantial compliance" where the parties had met before the barangay chairman (E-Library).
- This page does not cover the filing fee amount, the official forms or what happens if the respondent does not appear: these are in implementing rules. Ask at your barangay hall.
- Sections 410 to 413 (mediation, conciliation and arbitration) "shall not apply in proceedings where relief is sought" under the Anti-VAWC law, and a punong barangay or barangay kagawad may not order, force or unduly influence the applicant for a protection order to compromise or abandon the reliefs asked for (RA 9262, Sec. 33, E-Library). See How to file a VAWC case.
- Made-up example: Elena files a complaint against Jun on a Monday over an unpaid loan. The summons goes out on Tuesday. Mediation fails within 15 days of their first meeting, so a pangkat is formed. It meets within 3 days and has 15 days, extendible once by up to 15 days, to settle.
- Made-up example: Elena and Jun sign a payment plan on March 1. Nobody repudiates it within 10 days, so it has the effect of a final judgment. If Jun does not pay, the lupon can enforce it within 6 months from March 1; after that Elena must file an action in the city or municipal court.
- To know whether your dispute must go to the barangay first, see Do I need to go to the barangay first? For what to expect at the hearing, see Barangay hearing process and Katarungang Pambarangay. For help with your own case, see Free legal help.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
Was this page helpful?