Thursday, April 3, 2014

Pangkat has no POWER to punish

     The Lupon or Pangkat does not have the power to directly punish contemptuous acts, said power being an inherent attribute of a court. The sanctions for said acts are imposed by the city or municipal court upon application filed therewith by the Lupon Chairman, the Pangkat Chairman, or by any of the parties.

     The rationale behind this prohibition is that a charge for contempt of court is in the nature of a criminal action and the rules of procedure and constitutional guarantees governing criminal prosecutions which are applicable thereto are not observed in barangay proceedings.

     For this same reason, the Lupon or the Pangkat would be precluded from imposing any criminal sanction such as imprisonment or fine upon a party to a barangay settlement proceeding.

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