Powers and Duties of Lupon Chairman

     The Punong Barangay as chairman of the lupon, shall have and perform the following powers and duties:

1. Determine within fifteen (15) days from the start of his term of office the actual number, not less than ten (10) nor more than twenty (20), that will constitute the lupon. In determining the actual number he shall take into consideration the barangay population and the volume of disputes previously brought for conciliation in his barangay;
2. Prepare, within the period mentioned in the immediately preceding paragraph, a notice to constitute the lupon, which shall include the names of proposed members who are residing or working in the barangay, not otherwise expressly disqualified by law and who have expressed their willingness to serve. The list of names shall be at least five (5) more than the actual number previously determined in accordance with the immediately preceding paragraph and it shall contain an invitation to the barangay members to endorse or oppose the proposed appointment of any person included in the list or to recommend other persons not included in the list, which endorsement, opposition, or recommendations shall be made within the period of posting. For this purpose, he shall determine thier sutiablility to the task of conciliation by considering their integrity, impartiality, independence of mind, sense of fairness, reputation for probity and other relevant considerations;
3. Post said notice to constitute the lupon immediately upon its completion in three (3) conspicuous places within the barangay for a period of not less than three (3) weeks;
4. Appoint not less than ten (10) nor more than twenty (20) suitable persons from the list of names contained in the notice, as lupon members within ten (10) days from the last day of posting after considering endorsements of or opposition to the proposed appointees and recommendations for the appointment of other persons nto included in the list. He shall likewise appoint immediately a qualified person to any vacancy that may thereafter occur in the lupon for any cause;
5. Swear the appointees into office, sign their appointment papers and have them attested to by the barangay secretary;
6. Post the list of appointed lupon membersin three (3) conspicuous places in the barangay for the entire duration of their term of office;
7.  Withdraw the appointment of any lupon member for justifiable cause with the concurrence of a majority of all lupon members.

Lupong Tagapayapa

     Republic Act No. 7160 created in each barangay a body known as Lupong Tagapayapa composed of the Punong Barangay as chairman and not less than ten nor more than twenty members, to be constituted every 3 years in the following manner:

1. Any suitable person actually residing or working in the barangay not otherwise expressly disqualified by law, and taking into account considerations of integrity, impartiality, independence of mind, sense of fairness, and reputation for probity, including educational attainment, may be appointed member.
2. A notice to constitute the Lupon, which shall include the named of proposed members who have expressed their willingness to serve, shall be prepared by the Punong Barangay within the first fifteen (15) days from the start of his term of office. Such notice shall be posted in three conspicuous places in the barangay continuously for a period of not less than three weeks.
3. The Punong Barangay taking into consideration any apposition to the proposed appointment or any recommendation/s for appointment as may have been made within the period of posting, shall within ten days thereafter, appoint as members those whom he determines to the suitable therefor.
4. Appointments shall be in writing signed by the Punong Barangay and attested to by the Barangay Secretary. The list of appointed members shall be posted in three conspicuous places in the barangay for the entire duration of their term of office.

Philosophy behind Barangay Proceedings

      The basic philosophy behind the barangay proceedings is that through the amicable settlement of the disputes, the volume of cases filed before the courts and quasi-judicial bodies may be reduced. Thus, the essence of the proceedings is conciliation or peaceful resolution of conflicts. The Punong Barangay and conciliation panel or the Pangkat ng Tagapagkasundo does not issue an order or render judgment except where both parties agree in writing to enter into an arbitration of their dispute. The law only enjoins the Punong Barangay and the Pngkat to exert all efforts and to explore all possibilities to enable the parties to reach an amicable settlement or agreement which is acceptable to both of them. This settlement has the force and effect of a judgment of the courts after the lapse of a period of ten days from the date thereof if repudiation of the settlement or agreement is not made within said period.

Essense of Katarungan Pambarangay

     The essence of the Katarungang Pambarangay Law is the amicable settlement of disputes wherein the disputing parties are encouraged to make mutual concession to obtain a peaceful resolution of the dispute without formal adjudication thereof. The important consideration in amicable settlement is the extent to which the parties are willing to compromise their respective claims against each other within the limits imposed by law, morals, good customs, public order and public policy. The amicable settlement is in the nature of a contract between the parties, except that by express provision of law, it acquires the force and effect of a judgment of  court upon the expiration of ten days from date thereof. The provisions of the New Civil code on contracts are applicable to an amicable settlement insofar as they are not inconsistent with the provisions of RA. 7160. Accordingly, the parties to an amicable settlement re free to establish such stipulations, clauses, terms and conditions they may deem convenient subject to the limitations of Article 1306, New Civil Code.