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A GUIDE TO THE KATARUNGANG PAMBARANGAY

SYSTEM

2012

Joseph

Typewritten Text

By Atty. Gregorio Austral

TABLE OF CONTENTS

Chapter 1 – Introduction

1. What is Katarungang Pambarangay?

2. How was Katarungang Pambarangay introduced into our justice system?

3. What was the first law that institutionalized

Katarungang Pambarangay?

4. What was the real intent of the passage of PD 1508?

5. Has PD 1508 been amended or repealed?

6. What are the purposes and objectives of the

Katarungang Pambarangay? Chapter 2 – The KP Structure: Composition, Constitution and Functions of the Lupongtagapamayapa, Pangkat ng Tagapagsundo and Legal Advisers

1. What body is tasked by law to administer the Katarungang Pambarangay?

2. What are the three components of the Katarungang Pambarangay?

3. What is the relationship among the three

components?

4. What is the role of the Lupong Tagapamayapa?

5. What is its composition?

6. What are the qualifications and disqualifications of a lupon member?

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7. How is the lupon formed?

8. What are the forms used in the lupon formation process?

9. What is the lupon member’s term of office?

10. Can a lupon member’s appointment be

withdrawn?

11. What form is used for the withdrawal of a lupon member’s appointment?

12. In case of vacancies in the lupon, how is this

filled?

13. What are the functions of the lupon?

14. Who serves as the secretary of the lupon?

15. What are the functions of the Lupon Secretary?

16. What is Pangkat ng Tagapagsundo?


18. How is the membership of the Pangkat determined if the parties fail to agree on its membership?

19. In the event that there are vacancies in the

Pangkat, how is this filled?

20. Who are the officers of the Pangkat? What are their functions?

21. If the lupon encounters a difficult question of law,

to whom may the lupon consult? Chapter 3 – Substantive Aspects of Katarungang Pambarangay: Subject Matter, Venue and Jurisdiction

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1. What disputes may be brought for amicable settlement before the Katarungang Pambarangay?

2. Are there cases which the lupon does not have the authority to hear?

3. Can courts refer some cases to the lupon for

mediation or conciliation even if the said cases are already outside of the lupon’s authority?

4. What cases do not require barangay conciliation

as a pre-requisite for filing in court?

5. What are the common types of case brought before the Lupon?

6. What is the difference between the term “venue”

and “jurisdiction”? Are they synonymous?

7. If a dispute is submitted to the lupon of a certain barangay but the same is supposed to be heard by the lupon of another barangay, when should an objection to the venue be raised?

8. What are rules to determine the proper venue of

dispute?

9. What type of residence is required for purposes of determining the proper venue?

10. To whom should the requirement of actual

residence and membership apply?

11. The parties reside in barangays of different cities or municipalities but the real property subject matter of the case is located in one and the same barangay, for example, Barangay Tobuan, Sual, Pangasinan. Does the Lupon of Barangay Tobuan have jurisdiction or authority over the dispute?

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Chapter 4 – Procedural Aspect of Katarungang Pambarangay: The KP Process

1. How is the entire process in Katarungang Pambarangay done?

2. Who may initiate proceeding? How is this done?

3. What are the methods of alternative dispute resolution (ADR) which are commonly used in Katarungang Pambarangay?

4. What is meant by mediation?

5. What does conciliation mean?

6. What is the meaning of arbitration?

7. What are the two stages of Katarungang

Pambarangay process?

8. What are the steps and principles followed in the mediation before the lupon chairman?

9. What forms are used in the process of mediation

before the lupon chairman?

10. If the dispute is not settled before the lupon chairman, what will be the next step?

11. How will the pangkat be constituted?

12. When shall the pangkat convene?

13. What shall the pangkat do during its meeting with

the parties?

14. Is there a form for the subpoena to witnesses?

15. Are these cases when conciliation before the pangkat is dispensed with?

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16. What are the grounds to disqualify a pangkat member?

17. Who can move to disqualify a pangkat member?

18. How is a motion to disqualify a pangkat member

resolved?

19. Does the lupon and pangkat have the power of contempt?

20. What is the punishment if a person is cited for

indirect contempt?

21. What is the rule when it comes to appearance of parties before the KP?

22. If a party does not appear before the lupon, what

are the consequences for his non-appearance?

23. What processes are accorded to either the complainant or respondent if he fails to appear?

24. What is the nature of the Katarungang

Pambarangay proceedings?

25. If the parties agree to an amicable settlement of their dispute, what are the formal requirements for the amicable settlement?

26. Are there certain issues which cannot be the subject matter of a compromise agreement?

27. What is a Certificate to File Action?

28. When is the certificate issued?

29. What are the requirements before Certificates to

File Action, to Bar Action, or to Bar Counter-Claim are issued?

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30. It has been said that another method of dispute resolution method used in the Katarungang Pambarangay is arbitration, what is meant by that?

31. When will arbitration come about?

32. What are the steps that are usually followed in

arbitration?

33. In arbitration, what is the period of time given to arbitrators to hand down the decision or award?

34. If a party is aggrieved of the decision or award,

what must he do?

35. How is amicable settlement or arbitration award or decision executed?

36. What is the timeline of the whole execution

process?

37. What are some examples of counting the six-month period?

38. What is the procedure of execution by the lupon?

39. What are the different modes of execution?

40. How is execution by court action done?

41. What is the possible action of the court on the motion?

42. Can an amicable settlement or arbitral decision

or award be repudiated?

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The Philippine Center for Civic Education and Democracy (PCCED) is a non-stock, non-profit organization dedicated to the effective promotion of good citizenship and participatory democracy through education. By “good citizenship” we mean a reasoned commitment to fundamental democratic values and principles manifested in an active engagement in civic life. Prior to its incorporation in October 1, 2007, PCCED’s first major initiative in education for democracy was in 2004, when its members received a grant from the US Department of State Small Grants Commission to create the Civic Education Training Seminars. The second major initiative followed a year later in 2005 when Project Citizen was implemented by PCCED at the high school level. In 2006, PCCED members joined a workshop in the United States to be trained in the Project Citizen pedagogy. The official licensing agreement with the Center for Civic Education, the initiator of Project Citizen, was signed, and in 2007, the first Project Citizen textbook was launched in the Philippines. PROGRAMS AND PROJECTS

Today, PCCED continues to work with teachers, students, local government units and other stakeholders to strengthen people’s participation in democracy by capacitating them with civic dispositions, skills and knowledge. This is done through a number of programs that include:

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Participatory Budgeting (PB) — provides people with an effective avenue to decide how a part of the public budget should be allocated. Through the program, members of a community are provided with technical skills that will enable them to participate in the creation of development plans and well thought-of project proposals that are reviewed by the local government. The Barangay Rule of Law Seminars (BRLS) — is a program that supports the Katarungang Pambarangay, a system for resolving conflict in the barangay that gives a select group of citizens, called Lupon Tagapamayapa, an important role in maintaining peace and harmony in the community. Through the BRLS, these administrators of justice at the barangay-level are provided with increased procedural and technical skills and knowledge in implementing the Katarungang Pambarangay. More importantly, through the BRLS, Lupon Members are enabled to understand the importance of their role in community-building by using the Katarungang Pambarangay as a transformative tool in fostering peace, harmony, and a strong sense of civic duty among community members Civic Education Training Seminars (CETS) — a program designed to help Social Studies teachers to integrate civic education into the existing curriculum: love of country in Philippine History, civic virtues in Asian History, democratic participation in World History, and economic citizenship in Economics. The program comes with a teachers’ manual. Project Citizen — an approach for education in democracy involving the training of students in seeking public policy interventions to solve community problems. It is an international program, for increasing the democratic participation, political efficacy, and civic engagement levels of students at the middle and high school levels, and is currently being implemented in more than 60 countries.

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Democracy Camp Philippines — an intensive seminar-workshop for youth leaders, designed to provide them with in-depth and immersive training in the critical knowledge, attitudes, and skills necessary for them to be effective citizens in a democracy. Interspersed with practical and real-world skills training in program management and consensus building, Democracy Camp Philippines further hones the leadership skills of the participants. The event is also designed as a forum for youth leaders around the country to engage in dialogue over critical concepts and issues directly relevant to Philippine democracy.

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OUR PARTNERS

SPANISH COOPERATION IN THE PHILIPPINES Agencia Española de Cooperación Internacional para el Desarollo (AECID) is the Spanish agency responsible for international development cooperation. It was created in 1988 as the administering body for Spanish international co-operation policies within the Office of the Secretary of State for International Cooperation under the Spanish Ministry of Foreign Affairs and Cooperation. The Philippines is the principal country in Asia for the Spanish Cooperation and it has evolved from a priority country to a development partner. The support provided to the Philippines aims to contribute to eradicate poverty through sustainable human development, to strengthen its democratic governance and institutions, respecting the diversity of the Philippine society and with special attention to the most vulnerable groups. The Spanish Cooperation concentrates its efforts on several sectors of intervention, mainly Good Governance, Basic Social Needs (health, education, water and sanitation) and Peace Building. The promotion of good governance is indeed essential to achieve a real democratic society, to be able to deliver services to its people and to assist those most in need.

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On the other hand, peace building is a critical element of development in the Philippines, the same way as development is the best contribution to peace. In that sense, the promotion and support to social public policies in health and education (universal health care and universal basic education) is essential to foster growth and equitable development. Gender issues are considered as a priority of the Spanish development aid too, and gender in development is a crosscutting issue in all AECID actions, being aware that supporting equality is a contribution to a fair and sustainable development. Main geographical areas of intervention: Region III (Aurora and Nueva Ecija provinces), Region V (Bicol) and Mindanao (especially Caraga).

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Zabalketa is a Non Government Organization founded in 1990 that works locally in awareness raising and education projects and internationally in development cooperation projects. Its headquarters is located in Getxo, Bizkaia, Spain. It has a permanent delegation in San Sebastian (Gipuzkoa, Spain) and an extension office in Santa Cruz de la Sierra (Bolivia). It is legally constituted as a civil association with democratic, non-sectarian and independent character, and has for its purpose "to serve the public interest through cooperation and economic, social, educational and cultural development of disadvantaged people" (Article 2 of the Articles of Zabalketa). ZABALKETA is registered in the Basque Country NGO Coordinator, the REDESMA network (Bolivia), the Spanish NGOs Coordinator in Bolivia (COEB), and the Andean Network of Local Development (Peru and Bolivia). It is also registered in the association registry of Basque Country and the Spanish Agency for International Cooperation. The Basque Government has granted it the official designation of Public Utility Authority/ Non-Profit Organization. MISSION ZABALKETA is a civil, independent, political and non-sectarian entity of democratic function. It is initially supported by the alumni of Gaztelueta College (Getxo, Spain) and it aims to spread awareness of the dignity of all people and seeks the necessary means to channel them into projects that promote the integral development of disadvantaged people, mainly in the developing countries.

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VISION ZABALKETA does its work around the following areas: 1.) Awareness Raising and Education for Development - We understand that the structural changes that the world demands are not possible without the committed participation of civil society in the most developed countries, and that such participation requires a process of specific education in values and active social commitment; 2.) Development Cooperation - In countries in the South, we work with projects of holistic in character, directed mainly to achieve processes that improve the disposable income of the beneficiary population or to address their unmet basic needs. 3.) Social Assistance Programs. - In our immediate environment, we work with vulnerable populations (minorities, immigrants, etc.) on basic issues that often fail to address the official social services: initial support, academic failure, professional training, legal advice, etc..

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Chapter 1CHAPTER

INTRODUCTION1

1. What is Katarungang Pambarangay?

• Katarungang Pambarangay is a system of dispute resolution instituted in all barangays inthePhilippinesthatseekstopromote,among others,thespeedyadministrationofjustice,by providing all avenues to an amicable settlement, thereby considerably reducing the docketsinourcourtsofjustice.

2. How was Katarungang Pambarangay introduced into our justice system?

• ThefirstabstractconceptionoftheKatarungang Pambarangay Law started in 1976 when Supreme Court Justice Fred Ruiz Castro proposedtheinnovativeideaofsettlingdisputes through “neighbourhood paralegal committee.” Theabstractconceptionof the lawfirstsawa rayofhopeforapossiblepassageofalawwhen PresidentialDecreeNo.1293waspromulgated on January27,1978. It createdapresidential commissiontaskedwithadutyofstudyingthe feasibility of instituting a system of settling disputesamong themembers in thebarangay withoutgoingtocourts.

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Chapter 13. What was the first law that institutionalized Katarungang Pambarangay?

• PresidentialDecreeNo.1508in1978wasthe firstKPLawthatinstitutionalizedKatarungang Pambarangay.Itwaspromulgatedbythen PresidentFerdinandMarcoswiththepassage ofPresidentialDecreeNo.1508in1978.The lawtookeffectonDecember30,1978andthis wasthelawthatorganized,establishedandin stitutionalizedaformalsystemofamicable settlementofdisputesatthebarangaylevel.

4. What was the real intent of the passage of PD 1508?

• Although PD No. 1508 was the first law to organize, establish and institutionalize the Katarungang Pambarangay, its real intent wastogivefullrecognitiontothehistoricalfact thatpeacefulsettlementofdisputesamongthe familyandbarangaymemberswithoutgoingto the courts is a time- honoured tradition in the Philippines and is at the root of a Filipino culture.

5. Has PD 1508 been amended or repealed?

• Yes. Fourteen years later, PD No. 1508 was repealedbyRANo.7160,otherwiseknownas theLocalGovernmentCodeof1991.Inthere pealing law, the KP Lawwas incorporated as part of the codified lawson local government. Sec..399 -422,ChapterVIIofR.A.7160are the relevant sections on Katarungang Pambarangay.

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Chapter 16. What are the purposes and objectives of the Katarungang Pambarangay?

• The essence of a barangay justice is a peacefulandharmoniousresolutionofconflicts within the barangay instead of adversarial proceedings in thecourts.Peacefulsettlement of disputes among the family and barangay memberswithoutgoingtothecourts“isatime- honoredtraditioninthePhilippinesandisatthe root of a Filipino culture.” KP recognizes the traditional modes of dispute resolution borne-outoftime-honoredtraditionsof:

• Pakikisama(community-spirit) • Utangnaloob(debtofgratitude) • Kinship

KPhelpsreducethenumberofindiscriminatefilingof cases that leads to congestion of court dockets. By compelling theparties tosettle theirconflicts through the intervention of the barangay, the animosity generated by a protracted court litigation,which is a disruptive factor toward unity and cooperation, isavoided.

It isbelieved,however,thattheKPLawcanbeused to achieve higher societal goals such as good citizenship and strong communities beyond its originally intendedpurposeofdecongestingthecourt dockets.

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Chapter 2CHAPTER

COMPOSITION, CONSTITUTION ANDFUNCTIONS OF THE LUPONGTAGAPAMAYAPA, PANGKAT NG TAGAPAGSUNDO ANDLEGAL ADVISERS

THE KP STRUCTURE:2

1. What body is tasked by law to administer the Katarungang Pambarangay?

• The Lupong Tagapamayapa. It is the body organized ineverybarangaycomposedof the Barangay Captain as Chairman and not less than ten (10) nor more than twenty (20) members from which the members of every Pangkatshallbechosen.

Although the Lupon, as a whole, does not facilitate mediation or conciliation proceedings, the members of the Pangkat which conducts mediation or conciliationsessionsarechosenfromthemembersof the Lupon. The Lupon may be assisted by the Provincial LegalOfficer,City LegalOfficer,Municipal Legal Officer, and/or Public Prosecutor on matters involving questions of law necessary in the administrationoftheKatarungangPambarangay.

2. What are the three components of the Katarungang Pambarangay?

• TheKatarungangPambarangayissaidtohave threecomponents: (A)theLupongTagapamayapa;(B)thePangkat ngTagapagsundo;and(C)theLegalAdvisers.

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Chapter 23. What is the relationship among the three components?

• The following diagram illustrates the relationship of he three components of the KatarungangPambarangay:

COMPONENTS OF KATARUNGANG PAMBARANGAY

Although the three components are considered as separate and distinct in so far as their roles and functions are concerned, the three components interactandrelatetoeachotherastheyperformtheir separaterolesandfunctions.

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Chapter 24. What is the role of the Lupong Tagapamayapa?

• TheLupon isthePeace-MakingCouncil inthe barangay.


• The lupon iscreatedineachbarangayandis composed of: (a) the Punong Barangay as chairman,andten(10)totwenty(20)members appointedbythePunong Barangay.

6. What are the qualifications and disqualifications of a lupon member?

• For a person to become a luponmember, he shallpossessallof the followingqualifications andnoneofthedisqualifications:

Qualificationsofluponmember

1) Anypersonwhoisactuallyresiding orworking,inthebarangay;

2) Nototherwiseexpressly disqualifiedbylaw;and

3) Possessing integrity, impartiality, independence of mind, sense of fairness,andreputationforprobity

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Chapter 2Disqualifications

The following persons are disqualified tobecomemembersofthelupon:

1) Persons convictedof crimewith an accessory penalty disqualification fromholdingpublic office;

2) Minors;

3) Members of the armed forces who arestillinactiveservice;

4) Governmentemployees;and

5) Electedgovernmentofficial

7. How is the lupon formed?

• Withinfifteen(15)daysfromthestartof h i s term, thePunongBarangaypreparesanotice to constitute the lupon, which shall includethenamesoftheproposedmemberswho have expressed their willingness to serve. Such notice shall be posted in three (3) conspicuous places in the barangay continuouslyforaperiodofnotlessthanthree(3) weeks.

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Chapter 2 The Punong Barangay, taking into consideration anyoppositiontotheproposed appointment or any recommendationsasmayhavebeenmadewithinthe periodofposting,shallwithinten(10)daysthereafter, appoint as members those whom he determines to be suitable therefor. The list of appointed members shallbepostedinthree(3)conspicuousplacesinthe barangayfortheentiredurationoftheirtermofoffice. Uponappointment,eachluponmembershalltakean oathofofficebeforethePunongBarangay.

TheLuponformationprocessissummarizedinthefollowingdiagram:

THE LUPON FORMATION PROCESS

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Chapter 28. What are the forms used in the lupon formation process?

• Thefollowingformsareused:

KP FORM NO. 1: NOTICE TO CONSTITUTE THE LUPON

Republic of the PhilippinesProvince of __________

CITY/MUNICIPALITY OF ______________Barangay _________________

OFFICE OF THE PUNONG BARANGAY ______ , 20__

NOTICE TO CONSTITUTE THE LUPON

To All Barangay Members and All Other Persons Concerned:

In compliance with Section 1(a), Chapter 7, Title One, Book III, Local Government Code of 1991(Republic Act No. 7160), of the Katarungang Pambarangay Law, notice is hereby given to constitute the Lupong

Tagapamayapa of thisBarangay. The persons I am considering for appointment are the following:

1. __________________ 13. _________________ 2. __________________ 14. _________________ 3. __________________ 15. _________________ 4. __________________ 16. _________________ 5. __________________ 17. _________________ 6. __________________ 18. _________________ 7. __________________ 19. _________________ 8. __________________ 20. _________________ 9. __________________ 21. _________________ 10. _________________ 22. _________________ 11. _________________ 23. _________________ 12. _________________ 24. _________________

25. _________________

They have been chosen on the basis of their suitability for the task of conciliation considering their integrity, impartiality, independence of mind, sense of fairness and reputation for probity in view of their age, social standing in the community, tact, patience, resourcefulness, flexibility, open mindedness and other relevant factors. The law

provides that only thoseactually residing or working in the barangay who are not expressly disqualified by law are qualified to be appointed

as Lupon members.

All persons are hereby enjoined to immediately inform me and of their opposition to or endorsement of any or all the

proposed members or recommend to me other persons not included in the list but not later than the ________ dayof _______, 20__ (the last day for posting this notice).

_________________ Punong Barangay

IMPORTANT: This notice is required to be posted in three (3) conspicuous places in the barangay for at least three (3) weeks

WARNING: Tearing or defacing this notice shall be subject to punishmentaccording to law.

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Chapter 2KP FORM NO. 1: NOTICE TO CONSTITUTE THE LUPON



OFFICE OF THE PUNONG BARANGAY______ , 20__

(Date)

APPOINTMENTTO: ___________

Pursuant to Chapter 7, Title One, Book III, Local Government Code of 1991(Republic Act No. 7160), you are hereby

appointed MEMBER of the Lupong Tagapamayapa of this Barangay effective upon taking your oath ofoffice and until a new Lupon is constituted on the third year following your appointment.

_________________ Punong Barangay

ATTESTED:________________Barangay Secretary

KP FORM # 5 LUPON MEMBER OATH STATEMENT



OFFICE OF THE PUNONG BARANGAY

OATH OF OFFICE

Pursuant to Chapter 7, Title One, Book II, Local Government Code of 1991 (Republic Act No. 7160), I _______________, being duly qualified and having been duly appointed MEMBER of the Lupong

Tagapamayapa of this Barangay, do hereby solemnly swear (or affirm) that I will faithfully andconscientiously discharge to the best of my ability, my duties and functions as such member and as member

of the Pangkat ng Tagapagkasundo in which I may be chosen to serve; that I will bear true faith andallegiance to the Republic of the Philippines; that I will support and defend its Constitution and obey the laws, legal orders and decrees promulgated by its duly constituted authorities; and that I voluntarily impose

upon myself this obligation without any mental reservation or purpose of evasion.

SO HELP ME GOD. (In case of affirmation the last sentence will be omitted.)

_____________ Member

SUBSCRIBED AND SWORN to (or AFFIRMED) before me this _____ day of __________, 20____. __________________

Punong Barangay

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Chapter 29. What is the lupon member’s term of office?

• Aluponmemberholdsofficeuntilanewluponis constituted on the third year following his appointment unless sooner terminated by resignation, transfer of residence or place of work, or withdrawal of appointment by the punong barangay with concurrence of the majorityofallthemembersofthelupon.

10. Can a lupon member’s appointment be withdrawn?

• Yes. A lupon member’s appointment can be withdrawn by the Punong Barangay after due hearing and with the concurrence of a majority of all the Lupong Tagapamayapa members,aluponmember’sappointmentmay be withdrawn on the grounds of incapacity todischarge thedutiesofhisoffice orunsuitability.

11. What form is used for the withdrawal of a lupon member’s appointment?

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Chapter 2

NOTE: The members of the Lupon conforming to the withdrawal must personally affix their signatures or thumb marks on the pertinent spaces above. The withdrawal must be conformed to by more than one- half of the total number of members of the Lupon including the Punong Barangay and the member concerned.

KP FORM # 6 WITHDRAWAL OF APPOINTMENT



OFFICE OF THE LUPONG TAGAPAMAYAPA______ , 20__

WITHDRAWAL OF APPOINTMENT

TO: _______________

After due hearing and with the concurrence of a majority of all the Lupong Tagapamayapa members of this Barangay, your appointment as member thereof is

hereby withdrawn effective upon receipt hereof, on the following ground/s:

[] incapacity to discharge the duties of your office as shown by _______________________________

[ ] unsuitability by reason of _______________________________

(Check whichever is applicable and detail or specify the act/s or omission/s constituting the ground/s for withdrawal.)

____________________________ Punong Barangay/Lupon Chairman

CONFORME (Signatures): 1. __________________ 7. _________________ 2. __________________ 8. _________________ 3. __________________ 9. _________________ 4. __________________ 10. _________________ 5. __________________ 11. _________________

6. __________________

Received this __________ day of _____________, 19____. __________________

Signature

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Chapter 212. In case of vacancies in the lupon, how is this filled?

• Should a vacancy occur in the lupon foranycause,thepunongbarangayimmediately appointsaqualifiedpersonwhoshallholdoffice onlyfortheunexpiredportionoftheterm.

13. What are the functions of the lupon?

• Exercise administrative supervision over the conciliationpanels;

• Meet regularly once a month to provide a forum for exchange of ideas among its members and the public on matters relevant to the amicable settlement of disputes, and to enable various conciliation panel members to share with one another their observations andexperiencesineffectingspeedyresolution disputes;and

• Exercisesuchotherpowersandperformsuch otherdutiesandfunctionsasmaybeprescribed bylaworordinance;

14. Who serves as the secretary of the lupon?

• Thebarangaysecretaryconcurrentlyservesas thesecretaryofthelupon.

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Chapter 215. What are the functions of the Lupon Secretary?

• Thefollowingaresecretary’sfunctions:

• Record the results of mediation proceedings beforethepunongbarangay;

• Submit a report of themediation proceedings to the proper city or municipal courts; and

• Receive and keep the records of proceedings submitted to him by the various conciliation panels.

16. What is Pangkat ng Tagapagsundo?

• Pangkat ng tagapagsundo is the conciliation panel that hears each dispute brought before thelupon.


• ThePangkatngTagapagsundoiscomposedof three (3) members who are chosen by the partiestothedisputefromthelistofmembersof thelupon.

18. How is the membership of the Pangkat determined if the parties fail to agree on its membership?

• Shouldthepartiesfailtoagreeonthepangkat membership,thesameshallbedeterminedby lotsdrawnbytheluponchairman.

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19. In the event that there are vacancies in the Pangkat, how is this filled?

• Anyvacancyinthepangkatshallbechosenby thepartiestothedisputefromamongtheother membersofthelupon.Shouldthepartiesfailo agreeonacommonchoice, thevacancyshall befilledbylotsdrawnbytheluponchairman.

20. Who are the officers of the Pangkat? What are their functions?

• Thethree(3)membersconstitutingthepangkat electfromamongthemselvesthechairmanand thesecretary.

• CHAIRMAN – presides over meetings or hearingsbeforethepangkat

• SECRETARY – Prepares the minutes of the pangkat proceedings and issues notices to the parties concerned. Also tasked with the issuance of the certified true copies of any public record inhis custody that is not by law otherwisedeclaredconfidential.

21. If the lupon encounters a difficult question of law, to whom may the lupon consult?

• Onmattersinvolvingquestionsoflawnecessary in the administration of the KP, the following shallrenderlegaladvice:

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Chapter 2

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o Provinciallegalofficer o Citylegalofficer o Municipallegalofficer;and o PublicProsecutor

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Chapter 2

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Chapter 3CHAPTER

SUBJECT MATTER, VENUE AND JURISDICTION

SUBSTANTIVE ASPECTS OF KATARUNGANG PAMBARANGAY:

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1. What disputes may be brought for amicable settlement before the Katarungang Pambarangay?

• Disputesbetweenoramongthepartieswhoare ACTUALLY RESIDING in the SAME CITY or MUNICIPALITY may be brought for amicablesettlementbeforethelupon.

2. Are there cases which the lupon does not have the authority to hear?

• Yes.Theluponshallhavenoauthorityinthe followingcases:

a. Where one party is the government or anysubdivisionorinstrumentalitythereof;

b. Where one party is a public officer or employee,andthedisputerelatetothe performanceofhisofficialfunctions;

c. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos (5,000.00);

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d. Offenses where there is no private offendedparty;

e. Where the dispute involves real properties ocated in different cities or municipalitiesunlessthepartiesthereto agree to submit their differences to amicable settlement by an appropriate lupon;

f. Dispute involving parties who actually residesinbarangaysofdifferentcitiesor municipalities, except where such barangayunitsadjoineachotherandthe parties thereto agree to submit their differencestoamicablesettlementbyan appropriatelupon;

g. Suchotherclassesofdisputeswhichthe Presidentmaydetermine in the interest ofjusticeorupontherecommendationof theSecretaryofJustice.

3. Can courts refer some cases to the lupon for mediation or conciliation even if the said cases are already outside of the lupon’s authority?

• The court in which non-criminal cases not fallingwithintheauthorityoftheluponarefiled maymotu proprio refer the case to the lupon concerned for amicable settlement at any time before trial. However, where the civil case is covered by the Rule on Summary Procedure, its referral to the luponwhich has no authority over the case is saliently an unsoundexerciseofdiscretion.

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Chapter 3

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Chapter 34. What cases do not require barangay conciliation as a pre-requisite for filing in court?

• Supreme Court Administrative Circular 14-93 provides for the following additional cases whichdonotrequirethemandatoryconciliation ormediationbeforethelupon:

1. Disputeswhereurgentlegalactionisnecessary to prevent injustice from being committed orfurthercontinued,specificallythefollowing:

a. Criminalcaseswhereaccusedisunder police custody or detention [See Sec. 412 (b) (1),RevisedKatarungang PambarangayLaw];

b. Petitionsforhabeascorpusbyaperson illegally deprived of his rightful custody over another or a person illegally de privedoforonactinginhisbehalf;

c. Actions coupled with provisional remediessuchaspreliminaryinjunction, attachment,deliveryofpersonalproperty and support during the pendency oftheaction;and

d. Actions which may be barred by the StatuteofLimitations.

2. AnyclassofdisputeswhichthePresidentmay determine in the interest of justice or upon therecommendationoftheSecretaryofJustice;

3. Where the dispute arises from the ComprehensiveAgrarianReformLaw(CARL) [Secs.46&47,R.A.6657];

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4. Labor disputes or controversies arising fromemployer-employeerelations[Montoyavs. Escayo, et al., 171 SCRA 442; Art. 226, LaborCode,asamended,whichgrantsoriginal and exclusive jurisdiction over conciliation and mediation of disputes, grievances or problemstocertainofficesoftheDepartmentof LaborandEmployment];

5. Actionstoannuljudgmentuponacompromise which may be filed directly in court [SeeSanchezvs.Tupaz,158SCRA459].

5. What are the common types of case brought before the Lupon?

• Based on the 10 year report of the DILG on Katarungang Pambarangay Law, the types of casesbroughtbeforetheluponareasfollows: A. Criminal cases: (1) Physical injuries; (2) Slander; (3) Threats; (4) Robbery; (5)Theft;(6)DrugAbuse;(7)Damageto property; (8) Estafa; (9) Trespassing; (10)Coercion;and(11)Unjustvexation.

B. Civilcases:(1)Ejectment;(2)Familyor maritalproblems;(3)CollectionsofDebts or Rentals; (4) Breach of contract; (5) Damages; (6) Demand for specific performance of obligation arising from contracts.

6. What is the difference between the term “venue” and “jurisdiction”? Are they synonymous?

• The two terms are not synonymous to each

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Chapter 3 other. Venue is the place where an action is filed, heard, and tried while jurisdiction is the powertodecideorhearaparticularcase.

7. If a dispute is submitted to the lupon of a certain barangay but the same is supposed to be heard by the lupon of another barangay, when should an objection to the venue be raised?

• Objection to venue must be raised in the mediation proceedings before the punong barangay. Otherwise, the same is deemes waived. Moreover, such objection must not bemadebeforethepangkat.

8. What are rules to determine the proper venue of dispute?

TYPE OF DISPUTEVENUE FOR

CONCILIATION/MEDIATION

RULES ON VENUE

Betweenpersonsactuallyresidinginthesamebarangay

Shallbebroughtbeforethelupon of said barangay.

Involvingactualresidentsofdifferentbarangayswithinthesamecityormunicipality

Shallbebroughtinthebarangay where the respondent or any of the respondents

actually resides,attheelectionofthecomplainant

Involving real property oranyinteresttherein

Shallbebroughtinthebarangaywheretherealpropertyorthelargerportionthereof

issituated.

Arising at the workplace where thecontendingpartiesareemployedoratthe institutionwhere suchpartiesareenrolledforstudy

Shallbebroughtinthebarangaywheresuchworkplaceorinstitutionislocated

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Chapter 39. The law provides that disputes between or among the parties who are ACTUALLY RESIDING in the SAME CITY or MUNICIPALITY may be brought for amicable settlement before the lupon.

What type of residence is required for purposes of determining the proper venue?

• PD 1508 requires that disputants must be members of the barangays who are actually residing therein. Residence alone, without membership, in said barangays would not be anaccurateandreliablecriterion.

Meremembershipinabarangay,withoutactual residence therein, should not suffice sinceabsenteemembershipwouldnotsub servetheavowedpurposeofPD1508forlack of commonbondand senseof belongingness to a particular identified group (Spouses Bejervs.CAandSpousesSamar,G.R.No. 79404,Jan.27,1989).

10. To whom should the requirement of actual residence and membership apply?

• The statutory requirement of actual residency andmembership in thebarangay isapplicable to the real party in interest, not to the attorney-in-fact.

Where parties are not actual residents in the same city or municipality or adjoining barangays,thereisnorequirementforthemto submit their dispute to the lupon even if both of their attorneys-in-fact are actual residents of the same barangay (Pascual vs. Pascual,G.R.No.157830,Nov.17,2005).

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Chapter 311. The parties reside in barangays of different cities or municipalities but the real property subject matter of the case is located in one and the same barangay, for example, Barangay Tobuan, Sual, Pangasinan. Does the Lupon of Barangay Tobuan have jurisdiction or authority over the dispute? • Lupon has no authority over the case. The Luponshall haveno jurisdictionover disputes where the parties are not actual residents of thesamecityormunicipality,exceptwherethe barangays inwhich theyactually resideadjoin eachother.

Insuchasituation,wheretheLuponiswithout jurisdiction of the controversy because the partiesarenotactualresidentsofthesamecity or municipality or of adjoining barangays, thenatureofthecontroversyisofnomoment- whetherornotaffectingrealpropertyorinterest therein,locatedinthesamecityormunicipality (Agbayani,et.al.vs.JudgeBelen,G.R.No. L-65629,Nov.24,1986).

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Chapter 4CHAPTER

THE KP PROCESS

PROCEDURAL ASPECT OF KATARUNGANG PAMBARANGAY:

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1. How is the entire process in Katarungang Pambarangay done?

• Assuming the parties are able to reach an amicable settlement of their dispute, the Katarungang Pambarangay generally follows thefollowingtheprocess:

THE KP PROCESS

COMPLIANT

MEDIATION BEFORE THE LUPONCHAIRMAN

AMICABLE SETTLEMENTIS REACHED

CONCILIATION THROUGH THE PANGKAT

EXECUTION

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Chapter 42. Who may initiate proceeding? How is this done?

• Any person who has cause of action against anotherinvolvinganymatterwithintheauthority oftheluponmaycomplain,orallyor inwriting, tothebarangayluponchairmanuponpayment oftheappropriatefilingfee. KPFORMNo.7isusedtoinitiatetheproceeding.

KP FORM # 7 COMPLAINANT’S FORMRepublic of the Philippines

Province of __________CITY/MUNICIPALITY OF ______________

Barangay _________________OFFICE OF THE LUPONG TAGAPAMAYAPA

___________________ Barangay Case No. ___________________________________ For: ____________________________Complainant/s________________________________________________________________

— against —

____________________________________Respondent/sC O M P L A I N T

I/WE hereby complain against above named respondent/s for violating my/ourrights and interests in the following manner:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

THEREFORE, I/WE pray that the following relief/s be granted to me/us inaccordance with law and/or equity:__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Made this _______ day of ___________, 19____.

________________ Complainant/s

Received and filed this ________ day of __________, 19____.


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Chapter 43. What are the methods of alternative dispute resolution (ADR) which are commonly used in Katarungang Pambarangay?

• The following ADR methods are commonly used: (1)Mediation; (2)Conciliation;and (3)Arbitration

4. What is meant by mediation?

• This means a voluntary process in which a mediator, selected by the disputing parties, facilitatescommunicationandnegotiation,and assists the parties in reaching a voluntary agreement regardingadispute (Sec. 3(q),RA no.9285).

5. What does conciliation mean?

• Thisisaprocessinwhichanimpartialperson actsasanintermediarytoopencommunication betweenpartiestoresolvetheirdispute.

6. What is the meaning of arbitration?

• Thisisavoluntarydisputeresolutionprocessin whichoneormorearbitrators,appointedin accordancewiththeagreementoftheparties, orrulespromulgatedpursuanttolaw,resolvea disputebyrenderinganaward(Sec.3[d],RA No.9285).

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Chapter 47. What are the two stages of Katarungang Pambarangay process?

• Thetwostagesare:(1)MEDIATIONbeforethe luponchairman,and(2)CONCILIATIONbefore thepangkat.

8. What are the steps and principles followed in the mediation before the lupon chairman?

• Upon receipt of the complaint, the lupon chairman shall summon the respondent, with notice to the complainant for them and their witnessestoappearbeforehimforamediation of their conflicting interests within the next workingday.

• Therespondentmaysubmithisanswerandhe mayinterposehiscounter-claim.

• Hearingisdoneinformally.

• Technicalrulesofevidencearenotresorted.

• Settlementmustbereducedintowritingsigned by the complainant and respondent and attestedbytheBarangayChairman

• If themediation efforts of the lupon chairman fail within fifteen (15) days from the first meeting of the parties before him, he shall forthwith set a date for the constitution of the pangkat.

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Chapter 4

KP FORM # 7 COMPLAINANT’S FORM

9. What forms are used in the process of mediation before the lupon chairman?



OFFICE OF THE LUPONG TAGAPAMAYAPA

NOTICE OF HEARING(MEDIATION PROCEEDINGS)

TO: _________________ ________________ Complainant/s

You are hereby required to appear before me on the ______ day of _______, 19___ at ________ o’clock in the morning/afternoon for thehearing of your complaint.

This ________ day of ____________, 19____.


Notified this ________ day of __________, 19____.

Complainant/s______________________________

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Chapter 4KP FORM # 9 SUMMONS FOR THE RESPONDENT




___________________ Barangay Case No. ___________________________________ For: ____________________________Complainant/s________________________________________________________________

— against —

____________________________________Respondent/sS U M M O N STO: ____________________ _________________________ ____________________ _________________________ Respondents

You are hereby summoned to appear before me in person, together with yourwitnesses, on the _______ day of _________, 19___ at ____________ o’clock in themorning/afternoon, then and there to answer to a complaint made before me, copy of which is attached hereto, for mediation/conciliation of your dispute with complainant/s.

You are hereby warned that if you refuse or willfully fail to appear in obedience to thissummons, you may be barred from filing any counterclaim arising from said complaint.

FAIL NOT or else face punishment as for contempt of court.

This _______ day of ____________, 19___.

_____________________________ Punong Barangay/Pangkat Chairman

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Chapter 4KP FORM # 9 BACK PAGE

OFFICER’S RETURN

I served this summons upon respondent ____________________________ on the ______ day of ______________, 19____, and upon respondent ___________________________ on the day of ________________, 19____, by:

(Write name/s of respondent/s before mode by which he/they was/wereserved.) Respondent/s

__________________________ 1. handing to him/them said summons in person, or

__________________________ 2. handing to him/them said summons and he/they refused to receive it, or _________________________

3. leaving said summons at his/their dwelling with __________ (name) a person of suitable age and

discretion residing therein, or__________________________ 4. leaving said summons at his/their office/

place of business with ________, ( name) a competent person in charge thereof.

_____________ Officer

Received by Respondent/s representative/s:___________________ __________________Signature Date

___________________ __________________Signature Date

10. If the dispute is not settled before the lupon chairman, what will be the next step?

• ThedisputeshallbereferredtothePangkatng Tagapagsundoforconciliation.

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11. How will the pangkat be constituted?

• The pangkat shall be constituted by allowing the parties to choose from among the lupon membershipthethreemembersofthepangkat. They shall also choose a fourth person asalternatememberofthePangkat.

Should the parties fail to agree on the composition of the Pangkat, they shall, in the presence of the Barangay Captain orSecretary,maketheselectioninthefollowing manner:

--- In case there is more than one complainant or respondent to the dispute, each side shall choose from among themselves one who shall be its representativetotheselectionprocess; --- Each side to the dispute shall then draw by lot to determine which one of them shall be first to strike outanamefromthelistofLuponmembership; --- Eachsideshallthereafteralternatelystrikeoutnames fromsaidlistuntilonlyfour(4)shallremain;

--- TheBarangayCaptainshalldrawby lot fromamong the four names one who shall be the alternate memberofthePangkat.

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KP FORM # 10 NOTICE TO CONSTITUTE PANGKAT



OFFICE OF THE PUNONG BARANGAY

NOTICE FOR CONSTITUTION OF PANGKATTO: __________________ ____________________ __________________ ____________________

Complainant/s Respondent/s

You are hereby required to appear before me on the ______ day of _________, 19____, at ________ o’clock in the morning/afternoon for theconstitution of the Pangkat ng Tagapagkasundo which shall conciliate yourdispute. Should you fail to agree on the Pangkat membership or to appear on theaforesaid date for the constitution of the Pangkat, I shall determine themembership thereof by drawing lots.

This ________ day of ____________, 19_____.

____________________Punong Barangay

Notified this _________ day of _________, 19_____.

TO: __________________ ____________________ _________________ ____________________ Complainant/s Respondent/s

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KP FORM # 11 NOTICE TO CHOSEN PANGKAT MEMBER




___________________ Barangay Case No. ___________________________________ For: ____________________________Complainant/s ____________________________ ____________________________— against —____________________________________Respondent/s

NOTICE TO CHOSEN PANGKAT MEMBER

(Date)TO: ________________

Notice is hereby given that you have been chosen member of the Pangkat ng Tagapagkasundo amicably conciliate the dispute between the par in the aboveentitled case.

____________________________Punong Barangay/Lupon Secretary

Received this ________ day of __________, 19_____.

________________Pangkat Member

12. When shall the pangkat convene?

• Thepangkatshallconvenenotlaterthanthree (3) days from its constitution, on the day and hour set by the lupon chairman, to hear both partiesandtheirwitnesses,simplifyissues,and exploreallpossibilitiesforamicablesettlement.

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KP FORM # 13 SUBPOENA LETTER

13. What shall the pangkat do during its meeting with the parties?

• The pangkat shall meet to hear both parties, explore possibilities for amicable settlement within 15 dayswhich can be extended for an other15days inameritoriouscaseand issue subpoenaofwitnesseswhenevernecessary.

14. Is there a form for the subpoena to witnesses?

• Yes.Thefollowingformisused:

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Chapter 4




___________________ Barangay Case No. ___________________________________ For: ____________________________Complainant/s ________________________________ ________________________________— against —____________________________________Respondent/s

S U B P O E N A

TO: ____________________ _________________________ ____________________ _________________________ Witnesses

You are hereby commanded to appear before me on the ______ day of _________, 19___, at ___________ o’clock, then and there to testify in the hearing of the above-captioned case.

This ______ day of _________, 19____.

_______________________________ Punong Barangay/Pangkat Chairman (Cross out whichever one is not applicable).

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Chapter 415. Are these cases when conciliation before the pangkat is dispensed with?

• The convening of the pangkat is unnecessary whenaparty fails toappearwithout justifiable reason during the barangay conciliation and mediationorarbitration. In thiscase,what the luponshoulddoistoissueacertificationtofile action (Alinsugan vs.Cagampang, et.al.,G.R. No.L-69334,July28,1986).

16. What are the grounds to disqualify a pangkat member?

• Relationship; • Bias; • Interest;or • Anyothersimilargrounds

17. Who can move to disqualify a pangkat member?

• Anypartytothecase

18. How is a motion to disqualify a pangkat member resolved?

• Byaffirmativevoteofthemajorityofthe pangkatwhosedecisionshallbefinal.

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Chapter 419. Does the lupon and pangkat have the power of contempt?

• Boththeluponandpangkatdonothavepower todirectlypunishthepartiesandtheirwitnesses forcontempt.REASON:Powerofcontemptisaninherentattributeofthecourt.

The lupon and the pangkat, however, may file an application to cite any party or his witness, who wilfully and deliberately fails or refuses to appear without justifiable ground, despite notice, for indirect contemptbeforethecourt.

20. What is the punishment if a person is cited for indirect contempt?

• FinenotexceedingP5,000.00orimprisonment notexceedingone(1)month,orboth.

21. What is the rule when it comes to appearance of parties before the KP?

• Parties must appear in person without the assistanceofcounselorrepresentative,except for minors and incompetents who may be assistedbytheirnext-of-kinwhoarenotlawyers.

RATIONALE: • To enable the lupon to secure first hand and directinformationaboutthefactsandissues.

• Theparticipationoflawyerswiththeirtendency tousetheiranalyticalskillsandlegalknowledge tendtoprolonginsteadofexpeditesettlementof thecase.

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Chapter 422. If a party does not appear before the lupon, what are the consequences for his non-appearance?

ONTHEPARTOFTHECOMPLAINANT • Complaintmaybedismissed.

• Dismissalshallbarthecomplainantfrom seekingjudicialrecourseforthesamecause ofactionasthatdismissed.

ONTHEPARTOFTHERESPONDENT • Anycounterclaimarisingfromorisnecessarily connectedwiththecomplainant’saction,may bedismissed.

• Dismissalshallbartherespondentfromfiling suchcounterclaimincourt.

• Non-appearanceshalllikewisebeasufficient basisfortheissuanceofacertificationtofile action.

• Willfulfailureorrefusaltoappearmaysubject thepartyorwitnesstopunishmentforcontempt.

23. What processes are accorded to either the complain-ant or respondent if he fails to appear?

• Ahearingshallbeconductedsothattheparty whofailedtoattendtheprevioushearingwillbe requiredtogiveanexplanationofhisabsence and of why sanctions enumerated in the foregoingparagraphswillnotbeimposed.

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Chapter 4KP FORM # 18 NOTICE OF HEARING FOR COMPLAINANT




___________________ Barangay Case No. ___________________________________ For: ____________________________Complainant/s ______________________________ ___________________________— against —____________________________________Respondent/s

NOTICE OF HEARING(RE: FAILURE TO APPEAR)

TO: ________________ _______________ Complainant/s

You are hereby required to appear before me/the Pangkat on the ______ day of _________, 19____, at ________ o’clock in the morning/afternoon to explain why you failed to appear for mediation/conciliation scheduled on _____________, 19____ and why your complaint should not be dismissed, a certificate to bar the filing of your action on court/government office should not be issued, and contempt proceedings should not be initiated in court for willful failure or refusal to appear before the Punong Barangay/Pangkat ng Tagapagkasundo.

This ________ day of ___________, 19____.

_____________________________Punong Barangay/Pangkat Chairman

(Cross out whichever is not applicable)

Notified this _________ day of ________, 19_____.

Complainant/s____________________________________Respondent/s____________________________________

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24. What is the nature of the Katarungang Pambarangay proceedings?

• KPproceedingsarePUBLICANDINFORMAL. • However,theluponchairmanorthepangkat chairman,asthecasemaybe,maymotu propriooruponrequestofaparty,EXCLUDE thepublicfromtheproceedingsintheinterestof privacy,decencyorpublicmorals.

25. If the parties agree to an amicable settlement of their dispute, what are the formal requirements for the amicable settlement?

• Theamicablesettlementmustbe:

• Inwriting

• Inalanguageordialectknowntotheparties

• Signedbythem,and • Attestedtobytheluponchairman

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KP FORM # 16 AMICABLE SETTLEMENTRepublic of the Philippines



___________________ Barangay Case No. ___________________________________ For: ____________________________Complainant/s _________________________ __________________________— against —____________________________________Respondent/sAMICABLE SETTLEMENT

We, complainant/s and respondent/s in the above-captioned case, do hereby agree to settle our dispute as follows:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

and bind ourselves to comply honestly and faithfully with the above terms of settlement. Entered into this ______ day of __________, 19_______.

Complainant/s Respondent/s___________________ _____________________________________ __________________

ATTESTATION

I hereby certify that the foregoing amicable settlement was entered into by the parties freely and voluntarily, after I had explained to them the nature and consequence of such settlement.

______________________________Punong Barangay/Pangkat Chairman

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Chapter 426. Are there certain issues which cannot be the subject matter of a compromise agreement?

• Yes. As a rule, the parties can agree on whatever clause, agreement or stipulation providedit isnotcontrarytolaw,morals,good customs,publicorder,andpublicpolicy.Hence, the following issues are not subject to compromise:

--- Civilstatusofpersons; --- Validityofamarriageoralegal separation; --- Anygroundforlegalseparation; --- Futuresupport;and --- Jurisdictionofcourts

27. What is a Certificate to File Action?

• This is the document issued by the Lupon Secretary or the Pangkat Secretary and attested by the Punong Barangay or Pangkat Chairman.

28. When is the certificate issued?

• Thisisissuedwhen:

--- Nosettlementwasagreeduponbetween thedisputingparties; --- There is such a settlement but later repudiatedby the complainant because his consent to the agreement was obtainedthroughfraud,violence, intimidation; --- Whentherespondentfailedtoappearor refused to attend a hearing without a valid reason. The issuance of a CertificatetoFileActionisaministerial duty.

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Chapter 4KP FORM # 20 CERTIFICATE TO FILE ACTION(IF SETTLEMENT IS REPUDIATED)




___________________ Barangay Case No. ___________________________________ For: ____________________________Complainant/s ____________________________ ___________________________— against —____________________________________Respondent/s

CERTIFICATION TO FILE ACTION

This is to certify that:

1. There has been a personal confrontation between the parties before the Punong Barangay/Pangkat ng Tagapagkasundo;

2. A settlement was reached;

3. The settlement has been repudiated in a statement sworn to before the Punong Barangay by ______________ on ground of ______________; and 4. Therefore, the corresponding complaint for the dispute may now be filed in court/government office.

This _________ day of __________, 19____.

___________________ Lupon SecretaryAttested:__________________Lupon Chairman

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Chapter 4KP FORM # 21 CERTIFICATE TO FILE ACTION(FAILURE OF SETTLEMENT)




___________________ Barangay Case No. ___________________________________ For: ____________________________Complainant/s ____________________________ ______________________________— against —____________________________________Respondent/s


This is to certify that:

1. There has been a personal confrontation between the parties before the Punong Barangay but the mediation failed;

2. The Pangkat ng Tagapagsundo was constituted but the personal confrontation before the Pangkat likewise did not result into a settlement; and

3. Therefore, the corresponding complaint for the dispute may now be filed in court/government office.

This _________ day of __________, 19____.

___________________ Pangkat SecretaryAttested:__________________Lupon Chairman

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Chapter 4KP FORM # 22 CERTIFICATE TO FILE ACTION(REFUSAL TO APPEAR BEFORE THE PANGKAT)




___________________ Barangay Case No. ___________________________________ For: ____________________________Complainant/s ____________________________ ____________________________— against —____________________________________Respondent/s


This is to certify that: 1. There was a personal confrontation between the parties before the Punong Barangay but mediation failed; 2. The Punong Barangay set the meeting of the parties for the constitution of the Pangkat; 3. The respondent willfully failed or refused to appear without justifiable reason at the conciliation proceedings before the Pangkat; and 4. Therefore, the corresponding complaint for the dispute may now be filed in court/government office.

_________________Pangkat Secretary

Attested by:___________________Pangkat Chairman

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Chapter 429. What are the requirements before Certificates to File Action, to Bar Action, or to Bar Counter-Claim are issued?

• Ahearingshouldbesetandconductedbythe PunongBarangayorPangkatChairmantogive the absent party anopportunity to explain the reasonsforhisabsence.

• When the Punong Barangay determines that such failure toattendwas intentionalandwith no good reason then he shall direct the secretary to issue the applicable and proper certificates.

30. It has been said that another method of dispute resolution method used in the Katarungang Pambarangay is arbitration, what is meant by that?

• ARBITRATION means a voluntary dispute resolution process in which one or more arbitrators, appointed in accordance with the agreementoftheparties,orrulespromulgated pursuant to the law, resolve a dispute by rendering anaward (Sec. 3[d],RANo. 9285).

31. When will arbitration come about?

• At any stage of the proceedings, the parties may,agreeinwritingthattheyshallabidebythe arbitrationawardof the luponchairmanor the pangkat. The agreement to arbitratemay be repudiated within five (5) days from the date thereofforthesamegroundsandinaccordance withtheprocedurehereinprescribed.

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Chapter 4KP FORM # 14 AGREEMENT FOR ARBITRATION




___________________ Barangay Case No. ___________________________________ For: ____________________________Complainant/s _____________________________ _____________________________— against —____________________________________Respondent/s

AGREEMENT FOR ARBITRATION

We hereby agree to submit our dispute for arbitration to the Punong Barangay/ Pangkat ng Tagapagkasundo (Please cross out whichever is not applicable) and bind ourselves to comply with the award that may be rendered thereon.

We have made this agreement freely with a full understanding of its nature andconsequences.

Entered into this _____ day of _________, 19____.

Complainant/s Respondent/s___________________ _____________________________________ __________________

ATTESTATIONI hereby certify that the foregoing Agreement for Arbitration was entered into by the

parties freely and voluntarily, after I had explained to them the nature and theconsequences of such agreement.

______________________________Punong Barangay/Pangkat Chairman

(Cross out whichever one is not applicable.)

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Chapter 432. What are the steps that are usually followed in arbi-tration?

STEP1– Thearbiterordersthesecretarytocallthecase;

STEP2- Thesecretaryidentifiesandentersintorecord allappearancesfromboth parties;

STEP3– Thearbitercallsthecomplainanttopresenthis/ herevidence.Apersonwhoistogivetestimony beforeanarbitrationproceedingshallbesworn toanoathtotellthetruthandnothingbutthe truth.

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Chapter 4STEP4- Whenawitnessisnecessary,he/sheis summonedtotestifybeforetheproceeding;

STEP5– Thearbitercallstherespondenttopresenthis/herdefense;presentevidencesandwitnesses;inthemanneraffordedtothecomplainant;STEP6- Afterthepartieshavecompletedtheirpresenta-tion,thecaseisclosedfor resolution/decision.Atthisstage,theadjudicativetrialiscompleted;

WALANG

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33. In arbitration, what is the period of time given to arbitrators to hand down the decision or award?

• TheDecisionorAwardmustbehandeddown to the parties within fifteen (15) days but not laterthansix(6)daysfromthedateofthelast hearing. Within five (5) days thereafter, the secretaryshallfurnishacopyofthearbitration award to the parties; keep a file at the lupon office and furnish a copy to the city/municipal court.

KP FORM # 15 ARBITRATION AWARDRepublic of the Philippines



___________________ Barangay Case No. ___________________________________ For: ____________________________Complainant/s ________________________________ ________________________________— against —____________________________________Respondent/s

ARBITRATION AWARD

After hearing the testimonies given and careful examination of the evidence presented in this case, award is hereby made as follows:______________________________________________________________________________________________________________________________

Made this _____ day of _____________, 19____ at _______________.

______________________________Punong Barangay/Pangkat Chairman *

__________________Member_________________Member

ATTESTED:___________________________Punong Barangay/Lupon Secretary **

* To be signed by either, whoever made the arbitration award.** To be signed by the Punong Barangay if the award is made by the Pangkat

Chairman, and by the Lupon Secretary if the award is made by the PunongBarangay.

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34. If a party is aggrieved of the decision or award, what must he do?

• Thepartiesaregiventen(10)daystonullifythe decision. After ten (10)days, thedecisionbe comesFINALANDEXECUTORY.

35. How is amicable settlement or arbitration award or decision executed?

• There are two tiers in the execution process: first, execution is done by lupon, and then ex ecution by the appropriate city or municipal court.

Executionbytheluponmaybedonewithin6monthsfromthedateofsettlement.Afterthelapseof6monthsfromthedateofsettlement,executionisdonebyactionintheappropriatecityormunicipalcourt.

36. What is the timeline of the whole execution process?

• Thetimelineofsixmonthsshouldbecomputed fromthedateofsettlement. • EXCEPTION: If theobligation tobeenforced isdueanddemandableonadateotherthanthe date of the settlement, the six-month period shouldbecountedfromthedatetheobligation becomes due and demandable (Ma. Theresa Vidal et. al. vs. Ma. Theresa Escueta, G.R. No.156228,Dec.10,2003).

DATE OF SETTLEMENT 6 MONTHS

EXECUTION BY THE LUPON EXECUTION BY COURT ACTION

www.pcced.org.ph

Chapter 4

54www.pcced.org.ph

Chapter 437. What are some examples of counting the six-month period?

1) A promised to settle his debt on the date of signing the amicable settlement. Date of settlement is on May 8, 2012. Last day for executionbytheluponisonNovember8,2012.

2) ApromisedtosettlehisdebtontheJuly1,2012. DateofsettlementisonMay8,2012.Lastday forexecutionbytheluponisonJanuary1,2013.

38. What is the procedure of execution by the lupon?

• Partyinterestedintheexecutionfilesamotion forexecutionwiththePunongBarangay.

• PunongBarangayconductshearingonthedate assignedbythemovant.Dateshallnotbelater thanfive(5)daysfromthefilingofmotion.

• Duringthehearing,thePunongBarangayshall ascertain the facts for the non-compliance of settlement and strongly encourage the party obligedtocomplywithsettlement.

• Afterthelapseoffive(5)dayswithnovoluntary compliance,thePunongBarangayshallissuea noticeofexecution.

55www.pcced.org.ph

Chapter 4KP FORM # 25 MOTION FOR EXECUTION




___________________ Barangay Case No. ___________________________________ For: ____________________________Complainant/s _______________________________ _______________________________— against —____________________________________Respondent/s

MOTION FOR EXECUTION

Complainant/s/Respondent/s state as follows:

1. On _____________ (Date) the parties in this case signed an amicable settlementreceived the arbitration award rendered by the Lupon/Chairman/ Pangkat ng Tagapagkasundo;

2. The period of ten (10) days from the above-stated date has expired without any of the parties filing a sworn statement of repudiation of the settlement before the Lupon Chairman a petition for nullification of the arbitration award in court; and

3. The amicable settlement/arbitration award is now final and executory.

WHEREFORE, Complainant/s/Respondent/s request that the corresponding writ of execution be issued by the Lupon Chairman in this case._______________(Date)_______________________Complainant/s/Respondent/s

56www.pcced.org.ph

Chapter 4KP FORM # 27 NOTICE OF EXECUTION




___________________ Barangay Case No. ___________________________________ For: ____________________________Complainant/s________________________________________________________________— against —____________________________________Respondent/sNOTICE OF EXECUTION

WHEREAS, on ______________(date), an amicable settlement was signed by the parties in the above-entitled case [or an arbitration award was rendered by the Punong Barangay/Pangkat ng Tagapagkasundo];

WHEREAS, the terms and conditions of the settlement, the dispositive portion of the award. read:______________________________________________________________________________________________________________________________________________________________________________________________________

The said settlement/award is now final and executory;

WHEREAS, the party obliged ________________ (name) has not complied voluntarily with the aforestated amicable settlement/arbitration award, within the period of five (5) days from the date of hearing on the motion for execution;

NOW, THEREFORE, in behalf of the Lupong Tagapamayapa and by virtue of the powers vested in me and the Lupon by the Katarungang Pambarangay Law and Rules, I shall cause to be realized from the goods and personal property of __________________ (name of party obliged) the sum of _________________ (state amount of settlement or award) upon in the said amicable settlement [or adjudged in the said arbitration award], unless voluntarycompliance of said settlement or award shall have been made upon receipt hereof.

Signed this _________ day of ___________, 19____.

___________________Punong BarangayCopy furnished:____________________ _______________________________________ ___________________Complainant/s Respondent/s

57www.pcced.org.ph

Chapter 439. What are the different modes of execution? PAYMENTOFMONEY

Theactualexecutionmaybeintheformof money,butincaseoffailuretocomply voluntarilywiththesettlement,thePunong Barangayshalltakepossessionofsufficient personalpropertyofthepartyobliged. Thepropertycanbesoldandtheproceedsap pliedtotheamount.

POSSESSIONOFPROPERTY

Ifthepropertyislocatedinthebarangay,the PunongBarangayshalloustfromtheproperty thepersonagainstwhomthesettlementor arbitrationawardisrendered.

Ifthepropertyisoutsidethebarangay,but withinthesamecity/municipality,thePunong BarangayshallauthorizeotherPunong Barangaytotakepossessionandactin accordancewiththeprecedingparagraph.

CONVEYANCEOFLAND,DELIVERYOFDEEDSOROTHERDOCUMENTSORPERFORMANCEOFANYSPECIFICACT

ThePunongBarangaymaydirectthesecretary toperformtheactatthecostofthedisobedientparty. Costswillbechargedtothedisobedientparty.

40. How is execution by court action done?

• Byfilingamotionfortheissuanceofawritof executionbytheparty.

58www.pcced.org.ph

Chapter 441. What is the possible action of the court on the motion?

• The court may grant it by issuing a writ of execution and ordering the sheriff to obtain compliance of judgment from the other party.

Issuanceofwritisministerialdutyofthecourt.

42. Can an amicable settlement or arbitral decision or award be repudiated?

• Yes.Anypartytothedisputemay,withinten(10) daysfromthedateofsettlement,REPUDIATE the same by filing the lupon chairman a statement to that effect sworn to before him, wheretheconsentisvitiatedbyfraud,violence, or intimidation. Such repudiation shall be sufficient basis for the issuance of the certificationforfilingacomplaint.

59

JudgeElizaB.Yu,LLM,DCL,APrimerontheBarangayJusticewithADRLaw,CentralBookSupply,Inc.,2010,p.1.JudgeElizaB.Yu,LLM,DCL,APrimerontheBarangayJusticewithADRLaw,CentralBookSupply,Inc.,2010,p.1.citingCecilioPeandAlfredoTadiar,KatarungangPambarangay:DynamicsofCompulsoryConciliation,USTPress,1979,p.5.Ibid.RuleII(1),KatarungangPambarangayRules Sec.399,ChapterVII,RANo.7160 (TheLocalGovernmentCodeof1991) Sec.400,ChapterVII,RANo.7160 (TheLocalGovernmentCodeof1991) Sec.401,ChapterVII,RANo.7160 (TheLocalGovernmentCodeof1991) Sec.402,ChapterVII,RANo.7160 (TheLocalGovernmentCodeof1991) Sec.403,ChapterVII,RANo.7160 (TheLocalGovernmentCodeof1991)Sec.404(a),ChapterVII,RANo.7160(TheLocalGovernmentCodeof1991) Sec.405,ChapterVII,RANo.7160 (TheLocalGovernmentCodeof1991)Sec.404(b),ChapterVII,RANo.7160(TheLocalGovernmentCodeof1991) Sec.408,ChapterVII,RANo.7160 (TheLocalGovernmentCodeof1991)JudgeElizaB.Yu,LLM,DCL,APrimerontheBarangayJusticewithADRLaw,CentralBookSupply,Inc.,2010,p.17.Farralesvs.JudgeCamarista,A.M.No.MTJ-99-1184,March2,2000Paragraph1,SupremeCourtAdministrativeCircular14-93JudgeElizaB.Yu,LLM,DCL,APrimerontheBarangayJusticewithADRLaw,CentralBookSupply,Inc.,2010,p.19.

Sec.409(d),ChapterVII,RANo.7160(TheLocalGovernmentCodeof1991)

ENDNOTES

PHILIPPINE CENTER FOR CIVIC EDUCATION AND DEMOCRACY PCCED Board of Trustees Dr. Clement Camposano, Chairperson Dr. Paul Dumol, Vice Chairperson Dr. Fe Gladys Golo, Treasurer Ms. Vida Gruet, Secretary Atty. Gregorio Austral, Member Dr. Ernesto Grio, Member Ms. Rowena Hibanada, Member Ms. Sophia Marco, Member Dr. Ferdinand Pingul, Member

PCCED Program Management Team Reynald Trillana Executive Director Monica Ang Joseph Emmanuel Lansang Program Managers Raiza Cusi Shailoe Peredo Program Officer Janelle Monsanto Program Assistant Vina Antonio Finance and Administrative Officer Contact Us Manila Office Unit 1E, General Lim St. Barangay San Antonio Village, Pasig City 1605, Philippines Mobile: (+6395) 405-1511 Telefax: (+632) 631-8790 Email: [email protected] Website: www.pcced.org.ph Sorsogon Office OSCA Bldg. Hi-59 Ariman, 4710 Gubat, Sorsogon, Philippines Email: [email protected] I Website: www.gubat.pcced.org.ph

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