Barangay Rule of Law

8/10/2019 Barangay Rule of Law

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A GUIDE TO THE

KATARUNGANG

PAMBARANGAY

SYSTEM

2012

By Atty. Gregorio Austral


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TABLE OF CONTENTS

Chapter 1 Introduction

1. What is Katarungang Pambarangay?

2. How was Katarungang Pambarangay introducedinto our justice system?

3. What was the first law that institutionalized

Katarungang Pambarangay?

4. What was the real intent of the passage of PD1508?

5. Has PD 1508 been amended or repealed?

6. What are the purposes and objectives of the


Chapter 2 The KP Structure: Composition,Constitution and Functions of theLupongtagapamayapa, Pangkat ng Tagapagsundoand Legal Advisers

1. What body is tasked by law to administer the


2. What are the three components of theKatarungang Pambarangay?

3. What is the relationship among the threecomponents?

4. What is the role of the Lupong Tagapamayapa?

5. What is its composition?

6. What are the qualifications and disqualificationsof a lupon member?

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7. How is the lupon formed?

8. What are the forms used in the lupon formationprocess?

9. What is the lupon members term of office?

10. Can a lupon members appointment bewithdrawn?

11. What form is used for the withdrawal of a luponmembers appointment?

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

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 Pangkatdetermined if the parties fail to agree on its

membership?

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

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

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

Chapter 3 Substantive Aspects of KatarungangPambarangay: Subject Matter, Venue andJurisdiction

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1. What disputes may be brought for amicablesettlement before the KatarungangPambarangay?

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

3. Can courts refer some cases to the lupon formediation or conciliation even if the said casesare already outside of the lupons 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 broughtbefore the Lupon?

6. What is the difference between the term venueand jurisdiction? Are they synonymous?

7. If a dispute is submitted to the lupon of a certainbarangay but the same is supposed to be heardby the lupon of another barangay, when shouldan objection to the venue be raised?

8. What are rules to determine the proper venue ofdispute?

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

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

11. The parties reside in barangays of different citiesor municipalities but the real property subject

matter of the case is located in one and the samebarangay, for example, Barangay Tobuan, Sual,Pangasinan. Does the Lupon of BarangayTobuan have jurisdiction or authority over thedispute?

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Chapter 4 Procedural Aspect of KatarungangPambarangay: 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 disputeresolution (ADR) which are commonly used inKatarungang 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 KatarungangPambarangay process?

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

9. What forms are used in the process of mediationbefore 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 withthe parties?

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

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

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16. What are the grounds to disqualify a pangkatmember?

17. Who can move to disqualify a pangkat member?

18. How is a motion to disqualify a pangkat memberresolved?

19. Does the lupon and pangkat have the power ofcontempt?

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

indirect contempt?

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

22. If a party does not appear before the lupon, whatare the consequences for his non-appearance?

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

24. What is the nature of the KatarungangPambarangay proceedings?

25. If the parties agree to an amicable settlement oftheir dispute, what are the formal requirements

for the amicable settlement?

26. Are there certain issues which cannot be thesubject 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 toFile Action, to Bar Action, or to Bar Counter-Claim are issued?

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30. It has been said that another method of disputeresolution method used in the KatarungangPambarangay is arbitration, what is meant bythat?

31. When will arbitration come about?

32. What are the steps that are usually followed inarbitration?

33. In arbitration, what is the period of time given toarbitrators 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 awardor 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 themotion?

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

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The Philippine Center for Civic Education and

Democracy (PCCED)is a non-stock, non-profit organizationdedicated to the effective promotion of good citizenship andparticipatory democracy through education. By goodcitizenship we mean a reasoned commitment tofundamental democratic values and principles manifested inan active engagement in civic life.

Prior to its incorporation in October 1, 2007, PCCEDs firstmajor initiative in education for democracy was in 2004,when its members received a grant from the US Departmentof State Small Grants Commission to create the CivicEducation Training Seminars. The second major initiativefollowed a year later in 2005 when Project Citizen wasimplemented 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 officiallicensing agreement with the Center for Civic Education, theinitiator of Project Citizen, was signed, and in 2007, the firstProject 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 strengthenpeoples participation in democracy by capacitating themwith civic dispositions, skills and knowledge. This is donethrough a number of programs that include:


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Participatory Budgeting (PB) provides people with aneffective avenue to decide how a part of the public budgetshould be allocated. Through the program, members of acommunity are provided with technical skills that will enable

them to participate in the creation of development plans andwell thought-of project proposals that are reviewed by thelocal government.

The Barangay Rule of Law Seminars (BRLS) is aprogram that supports the Katarungang Pambarangay, asystem for resolving conflict in the barangay that gives a

select group of citizens, called Lupon Tagapamayapa, animportant role in maintaining peace and harmony in thecommunity. Through the BRLS, these administrators ofjustice at the barangay-level are provided with increasedprocedural and technical skills and knowledge inimplementing the Katarungang Pambarangay. Moreimportantly, through the BRLS, Lupon Members are enabled

to understand the importance of their role in community-building by using the Katarungang Pambarangay as atransformative tool in fostering peace, harmony, and a strongsense of civic duty among community members

Civic Education Training Seminars (CETS) a programdesigned to help Social Studies teachers to integrate civiceducation into the existing curriculum: love of country inPhilippine History, civic virtues in Asian History, democraticparticipation in World History, and economic citizenship inEconomics. The program comes with a teachers manual.

Project Citizen an approach for education in democracyinvolving the training of students in seeking public policyinterventions to solve community problems. It is an

international program, for increasing the democraticparticipation, political efficacy, and civic engagement levelsof students at the middle and high school levels, and iscurrently 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 within-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 consensusbuilding, Democracy Camp Philippines further hones theleadership skills of the participants. The event is alsodesigned as a forum for youth leaders around the country toengage in dialogue over critical concepts and issues directlyrelevant to Philippine democracy.


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OUR PARTNERS

SPANISH COOPERATION IN THE PHILIPPINES

Agencia Espaola de Cooperacin Internacional para elDesarollo (AECID) is the Spanish agency responsible forinternational development cooperation. It was created in1988 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 ofForeign Affairs and Cooperation.

The Philippines is the principal country in Asia for theSpanish Cooperation and it has evolved from a prioritycountry to a development partner. The support provided tothe Philippines aims to contribute to eradicate poverty

through sustainable human development, to strengthen itsdemocratic governance and institutions, respecting thediversity of the Philippine society and with special attentionto the most vulnerable groups.

The Spanish Cooperation concentrates its efforts on severalsectors of intervention, mainly Good Governance, BasicSocial Needs (health, education, water and sanitation) andPeace Building. The promotion of good governance isindeed essential to achieve a real democratic society, to beable to deliver services to its people and to assist those mostin need.


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On the other hand, peace building is a critical element ofdevelopment in the Philippines, the same way asdevelopment 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 basiceducation) is essential to foster growth and equitabledevelopment.

Gender issues are considered as a priority of the Spanishdevelopment aid too, and gender in development is acrosscutting issue in all AECID actions, being aware that

supporting equality is a contribution to a fair and sustainabledevelopment.

Main geographical areas of intervention: Region III (Auroraand Nueva Ecija provinces), Region V (Bicol) and Mindanao(especially Caraga).


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Zabalketa is a Non Government Organization founded in1990 that works locally in awareness raising and educationprojects and internationally in development cooperationprojects. 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 itspurpose "to serve the public interest through cooperationand economic, social, educational and cultural developmentof disadvantaged people" (Article 2 of the Articles ofZabalketa).

ZABALKETA is registered in the Basque Country NGOCoordinator, the REDESMA network (Bolivia), the SpanishNGOs Coordinator in Bolivia (COEB), and the AndeanNetwork of Local Development (Peru and Bolivia). It is alsoregistered in the association registry of Basque Country and

the Spanish Agency for International Cooperation. TheBasque Government has granted it the official designation ofPublic Utility Authority/ Non-Profit Organization.

MISSION

ZABALKETA is a civil, independent, political and non-

sectarian entity of democratic function. It is initially supportedby the alumni of Gaztelueta College (Getxo, Spain) and itaims to spread awareness of the dignity of all people andseeks the necessary means to channel them into projectsthat promote the integral development of disadvantagedpeople, 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 worlddemands are not possible without the committedparticipation of civil society in the most developed countries,and that such participation requires a process of specificeducation in values and active social commitment; 2.)

Development Cooperation - In countries in the South, wework with projects of holistic in character, directed mainly toachieve processes that improve the disposable income ofthe beneficiary population or to address their unmet basicneeds. 3.) Social Assistance Programs. - In our immediateenvironment, we work with vulnerable populations(minorities, immigrants, etc.) on basic issues that often fail to

address the official social services: initial support, academicfailure, professional training, legal advice, etc..


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Chapter1CHAPTER

INTRODUCTION

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1. What is Katarungang Pambarangay?

Katarungang Pambarangay is a system of dispute resolution instituted in all barangays

in the Philippines that seeks to promote, among

others, the speedy administration of justice, by

providing all avenues to an amicable

settlement, thereby considerably reducing the

dockets in our courts of justice.

2. How was Katarungang Pambarangay introduced into

our justice system?

The rst abstract conception of the Katarungang

Pambarangay Law started in 1976 when

Supreme Court Justice Fred Ruiz Castro proposed the innovative idea of settling disputes

through neighbourhood paralegal committee.

The abstract conception of the law rst saw a

ray of hope for a possible passage of a law when

Presidential Decree No. 1293 was promulgated

on January 27, 1978. It created a presidential

commission tasked with a duty of studying thefeasibility of instituting a system of settling

disputes among the members in the barangay

without going to courts.


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Chapter13. What was the rst law that institutionalized


Presidential Decree No. 1508 in 1978 was the

rst KP Law that institutionalized KatarungangPambarangay. It was promulgated by then

President Ferdinand Marcos with the passage

of Presidential Decree No. 1508 in 1978. The

law took effect on December 30, 1978 and this

was the law that organized, established and in

stitutionalized a formal system of amicable

settlement of disputes at the barangay level.

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

Although PD No. 1508 was the rst law to

organize, establish and institutionalize the

Katarungang Pambarangay, its real intent was to give full recognition to the historical fact

that peaceful settlement of disputes among the

family and barangay members without going to

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

repealed by RA No. 7160, otherwise known as

the Local Government Code of 1991. In the re

pealing law, the KP Law was incorporated as

part of the codied laws on local government.

Sec.. 399 - 422, Chapter VII of R.A. 7160 are

the relevant sections on Katarungang

Pambarangay.


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Chapter16. What are the purposes and objectives of the


The essence of a barangay justice is a

peaceful and harmonious resolution of conictswithin the barangay instead of adversarial

proceedings in the courts. Peaceful settlement

of disputes among the family and barangay

members without going to the courts is a time-

honored tradition in the Philippines and is at the

root of a Filipino culture. KP recognizes the

traditional modes of dispute resolution borne-out of time-honored traditions of:

Pakikisama (community-spirit)

Utang na loob (debt of gratitude)

Kinship

KP helps reduce the number of indiscriminate ling of cases that leads to congestion of court dockets. By

compelling the parties to settle their conicts through

the intervention of the barangay, the animosity

generated by a protracted court litigation, which is a

disruptive factor toward unity and cooperation,

is avoided.

It is believed, however, that the KP Law can be used

to achieve higher societal goals such as good

citizenship and strong communities beyond its

originally intended purpose of decongesting the court

dockets.


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Chapter23. What is the relationship among the three components?

The following diagram illustrates the

relationship of he three components of the

Katarungang Pambarangay:

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

interact and relate to each other as they perform their

separate roles and functions.


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Chapter24. What is the role of the Lupong Tagapamayapa?

The Luponis the Peace-Making Council in the

barangay.


The lupon is created in each barangay and is

composed of: (a) the Punong Barangay as

chairman, and ten (10) to twenty (20) members

appointed by the Punong Barangay.

6. What are the qualications and disqualications of a

lupon member?

For a person to become a lupon member, he

shall possess all of the following qualications

and none of the disqualications:

Qualications of lupon member

1) Any person who is actually residing

or working, in the barangay;

2) Not otherwise expressly

disqualied by law; and

3) Possessing integrity, impartiality,

independence of mind, sense of

fairness, and reputation for probity


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Chapter2Disqualications

The following persons are disqualied to

become members of the lupon:

1) Persons convicted of crime with an

accessory penalty disqualication

from holding public

ofce;

2) Minors;

3) Members of the armed forces who

are still in active service;

4) Government employees; and

5) Elected government ofcial

7. How is the lupon formed?

Within fifteen (15) days from the start of h i s

term, the Punong Barangay prepares a notice

to constitute the lupon, which shall

include the names of the proposed members whohave expressed their willingness to serve.

Such notice shall be posted in three (3)

conspicuous places in the barangay

continuously for a period of not less than three (3)

weeks.


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Chapter2 The Punong Barangay, taking into consideration

any opposition to the proposed appointment or any

recommendations as may have been made within the

period of posting, shall within ten (10) days thereafter,

appoint as members those whom he determines to be suitable therefor. The list of appointed members

shall be posted in three (3) conspicuous places in the

barangay for the entire duration of their term of ofce.

Upon appointment, each lupon member shall take an

oath of ofce before the Punong Barangay.

The Lupon formation process is summarized in the following

diagram:

THE LUPON FORMATION PROCESS


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Chapter28. What are the forms used in the lupon formation

process?

The following forms are used:

KP FORM NO. 1: NOTICE TO CONSTITUTE THE LUPON

Republic o the PhilippinesProvince o __________

CIY/MUNICIPALIY OF ______________Barangay _________________

OFFICE OF HE PUNONG BARANGAY

______ , 20__

NOICE O CONSIUE HE LUPON

o All Barangay Members and All Other Persons Concerned:

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

agapamayapa o thisBarangay. Te persons I am considering or appointment are the ollowing:

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. _________________

Tey have been chosen on the basis o their suitability or the task o conciliation considering their integrity,impartiality, independence o mind, sense o airness and reputation or probity in view o their age, social standingin the community, tact, patience, resourceulness, flexibility, open mindedness and other relevant actors. Te 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 inorm me and o their opposition to or endorsement o anyor all the

proposed members or recommend to me other persons not included in the list but not later than the ________ day

o _______, 20__ (the last day or posting this notice). _________________ Punong Barangay

IMPORAN: Tis notice is required to be posted in three (3) conspicuous places in the barangay or at least three(3) weeks

WARNING: earing or deacing this notice shall be subject to punishmentaccording to law.


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Chapter2KP FORM NO. 1: NOTICE TO CONSTITUTE THE LUPON


CIY/MUNICIPALIY OF ______________

Barangay _________________OFFICE OF HE PUNONG BARANGAY

______ , 20__

(Date)APPOINMENO: ___________

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

appointed MEMBER o the Lupong agapamayapa o this Barangay effective upon taking your oath ooffice and until a new Lupon is constituted on the third year ollowing your appointment.

_________________ Punong Barangay

AESED:________________Barangay Secretary

KP FORM # 5 LUPON MEMBER OATH STATEMENT




OAH OF OFFICE

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

agapamayapa o this Barangay, do hereby solemnly swear (or affirm) that I will aithully andconscientiously discharge to the best o my ability, my duties and unctions as such member and as member

o the Pangkat ng agapagkasundo in which I may be chosen to serve; that I will bear true aith andallegiance to the Republic o the Philippines; that I will support and deend its Constitution and obey thelaws, legal orders and decrees promulgated by its duly constituted authorities; and that I voluntarily impose

upon mysel this obligation without any mental reservation or purpose o evasion.

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

_____________ Member

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

Punong Barangay


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Chapter29. What is the lupon members term of ofce?

A lupon member holds ofce until a new lupon is

constituted on the third year following his

appointment unless sooner terminated byresignation, transfer of residence or place

of work, or withdrawal of appointment by the

punong barangay with concurrence of the

majority of all the members of the lupon.

10. Can a lupon members appointment be withdrawn?

Yes. A lupon members appointment can be

withdrawn by the Punong Barangay after

due hearing and with the concurrence of a

majority of all the Lupong Tagapamayapa

members, a lupon members appointment may

be withdrawn on the grounds of incapacity to discharge the duties of his ofce

or unsuitability.

11. What form is used for the withdrawal of a lupon

members appointment?


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Chapter2

NOTE: The members of the Lupon conforming to the

withdrawal must personally afx 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



Barangay _________________OFFICE OF HE LUPONG AGAPAMAYAPA

______ , 20__

WIHDRAWAL OF APPOINMENO: _______________

Afer due hearing and with the concurrence o a majority o all the Lupong

agapamayapa members o this Barangay, your appointment as member thereo ishereby withdrawn effective upon receipt hereo, on the ollowing ground/s:

[] incapacity to discharge the duties o your office as shown by_______________________________

[ ] unsuitability by reason o _______________________________

(Check whichever is applicable and detail or speciy the act/s or omission/sconstituting the ground/s or withdrawal.)

____________________________ Punong Barangay/Lupon Chairman

CONFORME (Signatures): 1. __________________ 7. _________________ 2. __________________ 8. _________________ 3. __________________ 9. _________________

4. __________________ 10. _________________ 5. __________________ 11. _________________ 6. __________________

Received this __________ day o _____________, 19____. __________________

Signature


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Chapter215. What are the functions of the Lupon Secretary?

The following are secretarys functions:

Record the results of mediation proceedings before the punong barangay;

Submit a report of the mediation proceedings

to the proper city or municipal courts; and

Receive and keep the records of proceedings

submitted to him by the various conciliationpanels.

16. What is Pangkat ng Tagapagsundo?

Pangkat ng tagapagsundo is the conciliation

panel that hears each dispute brought beforethe lupon.


The Pangkat ng Tagapagsundo is composed of

three (3) members who are chosen by the parties to the dispute from the list of members of

the lupon.

18. How is the membership of the Pangkat determined if

the parties fail to agree on its membership?

Should the parties fail to agree on the pangkat

membership, the same shall be determined by

lots drawn by the lupon chairman.


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19. In the event that there are vacancies in the Pangkat,

how is this lled?

Any vacancy in the pangkat shall be chosen by

the parties to the dispute from among the other members of the lupon. Should the parties fail o

agree on a common choice, the vacancy shall

be lled by lots drawn by the lupon chairman.

20. Who are the ofcers of the Pangkat? What are their

functions?

The three (3) members constituting the pangkat

elect from among themselves the chairman and

the secretary.

CHAIRMAN presides over meetings or

hearings before the pangkat

SECRETARY Prepares the minutes of the

pangkat proceedings and issues notices to

the parties concerned. Also tasked with the

issuance of the certied true copies of any

public record in his custody that is not by law

otherwise declared condential.

21. If the lupon encounters a difcult question of law, to

whom may the lupon consult?

On matters involving questions of law necessary

in the administration of the KP, the following

shall render legal advice:

Chapter2


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o Provincial legal ofcer

o City legal ofcer

o Municipal legal ofcer; and

o Public Prosecutor

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Chapter3CHAPTER

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?

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.

2. Are there cases which the lupon does not have the

authority to hear?

Yes. The lupon shall have no authority in the

following cases:

a. Where one party is the government or

any subdivision or instrumentality thereof;

b. Where one party is a public ofcer or

employee, and the dispute relate to the

performance of his ofcial functions;

c. Offenses punishable by imprisonment

exceeding one (1) year or a ne

exceeding Five thousand pesos

(5,000.00);


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d. Offenses where there is no private

offended party;

e. Where the dispute involves real

properties ocated in different cities or municipalities unless the parties there to

agree to submit their differences to

amicable settlement by an appropriate

lupon;

f. Dispute involving parties who actually

resides in barangays of different cities ormunicipalities, 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 thePresident may determine in the interest

of justice or upon the recommendation of

the Secretary of Justice.

3. Can courts refer some cases to the lupon for

mediation or conciliation even if the said cases are

already outside of the lupons authority?

The court in which non-criminal cases not

falling within the authority of the lupon are led

may motu 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 lupon which has

no authority over the case is saliently an

unsound exercise of discretion.

Chapter3


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Chapter34. What cases do not require barangay conciliation as a

pre-requisite for ling in court?

Supreme Court Administrative Circular 14-93

provides for the following additional caseswhich do not require the mandatory conciliation

or mediation before the lupon:

1. Disputes where urgent legal action is necessary

to prevent injustice from being committed

or further continued, specically the following:

a. Criminal cases where accused is under

police custody or detention [See

Sec. 412 (b) (1), Revised Katarungang

Pambarangay Law];

b. Petitions for habeas corpus by a person

illegally deprived of his rightful custodyover another or a person illegally de

prived of or on acting in his behalf;

c. Actions coupled with provisional

remedies such as preliminary injunction,

attachment, delivery of personal property

and support during the pendency of the action; and

d. Actions which may be barred by the

Statute of Limitations.

2. Any class of disputes which the President may

determine in the interest of justice or uponthe recommendation of the Secretary of Justice;

3. Where the dispute arises from the

Comprehensive Agrarian Reform Law (CARL)

[Secs. 46 & 47, R. A. 6657];


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4. Labor disputes or controversies arising

from employer-employee relations [Montoya vs.

Escayo, et al., 171 SCRA 442; Art. 226,

Labor Code, as amended, which grants original

and exclusive jurisdiction over conciliation and mediation of disputes, grievances or

problems to certain ofces of the Department of

Labor and Employment];

5. Actions to annul judgment upon a compromise

which may be led directly in court

[See Sanchez vs. Tupaz, 158 SCRA 459] .

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 ofcases brought before the lupon are as follows :

A. Criminal cases: (1) Physical injuries;

(2) Slander; (3) Threats; (4) Robbery;

(5) Theft; (6) Drug Abuse; (7) Damage to

property; (8) Estafa; (9) Trespassing;

(10) Coercion; and (11) Unjust vexation.

B. Civil cases: (1) Ejectment; (2) Family or

marital problems; (3) Collections of Debts

or Rentals; (4) Breach of contract;

(5) Damages; (6) Demand for specic

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

Chapter3


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Chapter3 other. Venue is the place where an action is

led, heard, and tried while jurisdiction is the

power to decide or hear a particular case.

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

be made before the pangkat.

8. What are rules to determine the proper venue of

dispute?

TYPE OF DISPUTE

VENUE FOR

CONCILIATION/

MEDIATION

RULES ON VENUE

Between persons actually residing in the

same barangay

Shall be brought before the

lupon of said barangay.

Involving actual residents of different

barangays within the same city or

municipality

Shall be brought in the barangay where the

respondent or any of the respondents

actually resides, at the election of the

complainant

Involving real property or

any interest therein

Shall be brought in the barangay where the

real property or the larger portion thereof

is situated.

Arising at the workplace where the

contending parties are employed or at

the institution where such parties are

enrolled for study

Shall be brought in the barangay where

such workplace or institution is located


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Chapter39. 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 bean accurate and reliable criterion.

Mere membership in a barangay, without actual

residence therein, should not sufce

since absentee membership would not sub

serve the avowed purpose of PD 1508 for lack

of common bond and sense of belongingness to a particular identied group (Spouses

Bejer vs. CA and Spouses Samar, 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

and membership in the barangay is applicable

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, there is no requirement for them to

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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Chapter311. 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. Doesthe Lupon of Barangay Tobuan have jurisdiction or

authority over the dispute?

Lupon has no authority over the case. The

Lupon shall have no jurisdiction over disputes

where the parties are not actual residents of

the same city or municipality, except where thebarangays in which they actually reside adjoin

each other.

In such a situation, where the Lupon is without

jurisdiction of the controversy because the

parties are not actual residents of the same city

or municipality or of adjoining barangays,the nature of the controversy is of no moment-

whether or not affecting real property or interest

therein, located in the same city or municipality

(Agbayani, et.al. vs. Judge Belen, G.R. No.

L-65629, Nov. 24, 1986).


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Chapter4CHAPTER

THE KP PROCESS

PROCEDURAL ASPECT

OF KATARUNGANG

PAMBARANGAY:

4

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 followsthe following the process:

THE KP PROCESS

COMPLIANT

MEDIATION

BEFORE THE

LUPON

CHAIRMAN

AMICABLE

SETTLEMENT

IS REACHED

CONCILIATION

THROUGH THEPANGKAT

EXECUTION


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Chapter42. Who may initiate proceeding? How is this done?

Any person who has cause of action against

another involving any matter within the authority

of the lupon may complain, orally or in writing, to the barangay lupon chairman upon payment

of the appropriate ling fee.

KP FORM No. 7 is used to initiate the proceeding.

KP FORM # 7 COMPLAINANTS FORM



OFFICE OF HE LUPONG AGAPAMAYAPA

___________________ Barangay Case No. ___________________________________ For: ____________________________Complainant/s________________________________________________________________

against

____________________________________Respondent/sC O M P L A I N

I/WE hereby complain against above named respondent/s or violating my/ourrights and interests in the ollowing manner:____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

HEREFORE, I/WE pray that the ollowing relie/s be granted to me/us inaccordance with law and/or equity:__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Made this _______ day o ___________, 19____.

________________ Complainant/s

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



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Chapter43. What are the methods of alternative dispute

resolution (ADR) which are commonly used in


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,

facilitates communication and negotiation, and

assists the parties in reaching a voluntary

agreement regarding a dispute (Sec. 3(q), RA

no. 9285).

5. What does conciliation mean?

This is a process in which an impartial person

acts as an intermediary to open communication

between parties to resolve their dispute.

6. What is the meaning of arbitration?

This is a voluntary dispute resolution process in

which one or more arbitrators, appointed in

accordance with the agreement of the parties,

or rules promulgated pursuant to law, resolve a

dispute by rendering an award (Sec. 3[d], RA

No. 9285).


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Chapter4

KP FORM # 7 COMPLAINANTS FORM

9. What forms are used in the process of mediation

before the lupon chairman?




NOICE OF HEARING(MEDIAION PROCEEDINGS)

O: _________________ ________________ Complainant/s

You are hereby required to appear beore me on the ______ day o_______, 19___ at ________ oclock in the morning/afernoon or thehearing o your complaint.

Tis ________ day o ____________, 19____.


Notified this ________ day o __________, 19____.

Complainant/s______________________________


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Chapter4KP FORM # 9 SUMMONS FOR THE RESPONDENT


CIY/MUNICIPALIY OF ______________Barangay _________________OFFICE OF HE LUPONG AGAPAMAYAPA

___________________ Barangay Case No. ___________________________________ For: ____________________________Complainant/s________________________________________________________________

against

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

You are hereby summoned to appear beore me in person, together with yourwitnesses, on the _______ day o _________, 19___ at ____________ oclock in themorning/afernoon, then and there to answer to a complaint made beore me, copy o whichis attached hereto, or mediation/conciliation o your dispute with complainant/s.

You are hereby warned that i you reuse or willully ail to appear in obedience to thissummons, you may be barred rom filing any counterclaim arising rom said complaint.

FAIL NO or else ace punishment as or contempt o court.

Tis _______ day o ____________, 19___.

_____________________________ Punong Barangay/Pangkat Chairman


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Chapter4KP FORM # 9 BACK PAGE

OFFICERS REURN

I served this summons upon respondent____________________________ on the ______ day o ______________,19____, and upon respondent ___________________________ on the day o________________, 19____, by:

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

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

__________________________ 2. handing to him/them said summons andhe/they reused to receive it, or _________________________

3. leaving said summons at his/their dwelling with__________ (name) a person o suitable age and

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

place o business with ________, ( name) a competent person

in charge thereo.

_____________ 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?

The dispute shall be referred to the Pangkat ng

Tagapagsundo for conciliation.


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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 luponmembership the three members of the pangkat.

They shall also choose a fourth person

as alternate member of the Pangkat.

Should the parties fail to agree on the

composition of the Pangkat, they shall, in the

presence of the Barangay Captain or Secretary, make the selection in the following

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

representative to the selection process;

--- Each side to the dispute shall then draw by lot to

determine which one of them shall be rst to strike

out a name from the list of Lupon membership;

--- Each side shall thereafter alternately strike out names

from said list until only four (4) shall remain;

--- The Barangay Captain shall draw by lot from among

the four names one who shall be the alternate

member of the Pangkat.

Chapter4


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KP FORM # 10 NOTICE TO CONSTITUTE PANGKAT




NOTICE FOR CONSTITUTION OF PANGKAT

O: __________________ ____________________ __________________ ____________________

Complainant/s Respondent/s

You are hereby required to appear beore me on the ______ day o_________, 19____, at ________ oclock in the morning/afernoon or theconstitution o the Pangkat ng agapagkasundo which shall conciliate yourdispute. Should you ail to agree on the Pangkat membership or to appear on theaoresaid date or the constitution o the Pangkat, I shall determine themembership thereo by drawing lots.

Tis ________ day o ____________, 19_____.

____________________Punong Barangay

Notified this _________ day o _________, 19_____.

O: __________________ ____________________ _________________ ____________________

Complainant/s Respondent/s

Chapter4


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Chapter415. Are these cases when conciliation before the

pangkat is dispensed with?

The convening of the pangkat is unnecessary

when a party fails to appear without justiablereason during the barangay conciliation and

mediation or arbitration. In this case, what the

lupon should do is to issue a certication to le

action (Alinsugan vs. Cagampang, et.al., G.R.

No. L-69334, July 28, 1986).

16. What are the grounds to disqualify a pangkat

member?

Relationship;

Bias;

Interest; or Any other similar grounds

17. Who can move to disqualify a pangkat member?

Any party to the case

18. How is a motion to disqualify a pangkat member

resolved?

By afrmative vote of the majority of the

pangkat whose decision shall be nal.


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Chapter419. Does the lupon and pangkat have the power of

contempt?

Both the lupon and pangkat do not have power

to directly punish the parties and their witnessesfor contempt.

REASON: Power of contempt is an inherent attribute of the court.

The lupon and the pangkat, however, may le an

application to cite any party or his witness, who

wilfully and deliberately fails or refuses to appear

without justiable ground, despite notice, for indirect contempt before the court.

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

indirect contempt?

Fine not exceeding P5,000.00 or imprisonmentnot exceeding one (1) month, or both.

21. What is the rule when it comes to appearance of

parties before the KP?

Parties must appear in person without the assistance of counsel or representative, except

for minors and incompetents who may be

assisted by their next-of-kin who are not lawyers.

RATIONALE:

To enable the lupon to secure rst hand and

direct information about the facts and issues.

The participation of lawyers with their tendency

to use their analytical skills and legal knowledge

tend to prolong instead of expedite settlement of

the case.


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Chapter422. If a party does not appear before the lupon, what

are the consequences for his non-appearance?

ON THE PART OF THE COMPLAINANT

Complaint may be dismissed.

Dismissal shall bar the complainant from

seeking judicial recourse for the same cause

of action as that dismissed.

ON THE PART OF THE RESPONDENT

Any counterclaim arising from or is necessarilyconnected with the complainants action, may

be dismissed.

Dismissal shall bar the respondent from ling

such counterclaim in court.

Non-appearance shall likewise be a sufcientbasis for the issuance of a certication to le

action.

Willful failure or refusal to appear may subject

the party or witness to punishment for contempt.

23. What processes are accorded to either the complain-

ant or respondent if he fails to appear?

A hearing shall be conducted so that the party

who failed to attend the previous hearing will be

required to give an explanation of his absence

and of why sanctions enumerated in the

foregoing paragraphs will not be imposed.


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Chapter4KP FORM # 18 NOTICE OF HEARING FOR COMPLAINANT




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

NOICE OF HEARING(RE: FAILURE O APPEAR)

O: ________________ _______________ Complainant/s

You are hereby required to appear beore me/the Pangkat on the ______ day o_________, 19____, at ________ oclock in the morning/afernoon to explain why youailed to appear or mediation/conciliation scheduled on _____________, 19____ andwhy your complaint should not be dismissed, a certificate to bar the filing o your actionon court/government office should not be issued, and contempt proceedings should notbe initiated in court or willul ailure or reusal to appear beore the Punong Barangay/Pangkat ng agapagkasundo.

Tis ________ day o ___________, 19____.

_____________________________Punong Barangay/Pangkat Chairman

(Cross out whichever is not applicable)

Notified this _________ day o ________, 19_____.

Complainant/s

____________________________________

Respondent/s

____________________________________


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24. What is the nature of the Katarungang Pambarangay

proceedings?

KP proceedings are PUBLIC AND INFORMAL.

However, the lupon chairman or the pangkat

chairman, as the case may be, may motu

proprio or upon request of a party, EXCLUDE

the public from the proceedings in the interest of

privacy, decency or public morals.

25. If the parties agree to an amicable settlement of their

dispute, what are the formal requirements for the

amicable settlement?

The amicable settlement must be:

In writing

In a language or dialect known to the parties

Signed by them, and

Attested to by the lupon chairman

Chapter4


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KP FORM # 16 AMICABLE SETTLEMENT




___________________ Barangay Case No. ___________________________________ For: ____________________________Complainant/s _________________________ __________________________ against

____________________________________Respondent/sAMICABLE SELEMEN

We, complainant/s and respondent/s in the above-captioned case, do herebyagree to settle our dispute as ollows:_______________________________________________________________

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

and bind ourselves to comply honestly and aithully with the above terms osettlement.

Entered into this ______ day o __________, 19_______.

Complainant/s Respondent/s___________________ _____________________________________ __________________

AESAION

I hereby certiy that the oregoing amicable settlement was entered into bythe parties reely and voluntarily, afer I had explained to them the nature andconsequence o such settlement.

______________________________Punong Barangay/Pangkat Chairman

Chapter4


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Chapter426. 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 provided it is not contrary to law, morals, goodcustoms, public order, and public policy. Hence,the following issues are not subject to

compromise:

--- Civil status of persons; --- Validity of a marriage or a legal separation; --- Any ground for legal separation; --- Future support; and --- Jurisdiction of courts

27. What is a Certicate 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 certicate issued?

This is issued when:

--- No settlement was agreed upon betweenthe disputing parties;

--- There is such a settlement but later repudiated by the complainant because

his consent to the agreement was

obtained through fraud, violence, intimidation; --- When the respondent failed to appear or

refused to attend a hearing without avalid reason. The issuance of a

Certicate to File Action is a ministerialduty.


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Chapter4KP FORM # 20 CERTIFICATE TO FILE ACTION

(IF SETTLEMENT IS REPUDIATED)

Republic of the PhilippinesProvince of __________CIY/MUNICIPALIY OF ______________


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

against ____________________________________Respondent/s

CERIFICAION O FILE ACION

Tis is to certify that:

1. Tere has been a personal confrontation between the parties before the

Punong Barangay/Pangkat ng agapagkasundo;

2. A settlement was reached;

3. Te settlement has been repudiated in a statement sworn to before the Punong Barangay by ______________ on ground of ______________;and 4. Terefore, the corresponding complaint for the dispute may now befiled in

court/government office.

Tis _________ day of __________, 19____.

___________________ Lupon SecretaryAttested:__________________Lupon Chairman


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(FAILURE OF SETTLEMENT)

Republic o the Philippines

Province o __________CIY/MUNICIPALIY OF ______________


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


Tis is to certiy that:

1. Tere has been a personal conrontation between the parties beore thePunong Barangay but the mediation ailed;

2. Te Pangkat ng agapagsundo was constituted but the personal conrontation beore the Pangkat likewise did not result into a settlement; and

3. Tereore, the corresponding complaint or the dispute may now be filed in

court/government office.

Tis _________ day o __________, 19____.

___________________ Pangkat SecretaryAttested:__________________

Lupon Chairman


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(REFUSAL TO APPEAR BEFORE THE PANGKAT)

Republic o the Philippines

Province o __________CIY/MUNICIPALIY OF ______________


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


Tis is to certiy that:

1. Tere was a personal conrontation between the parties beore the Punong Barangay but mediation ailed;

2. Te Punong Barangay set the meeting o the parties or the constitution o the Pangkat;

3. Te respondent willully ailed or reused to appear without justifiablereason at the conciliation proceedings beore the Pangkat; and

4. Tereore, the corresponding complaint or the dispute may now be filedin court/government office.

_________________Pangkat Secretary

Attested by:

___________________Pangkat Chairman


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Chapter429. What are the requirements before Certicates to File

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

A hearing should be set and conducted by thePunong Barangay or Pangkat Chairman to givethe absent party an opportunity to explain thereasons for his absence.

When the Punong Barangay determines thatsuch failure to attend was intentional and withno good reason then he shall direct the

secretary to issue the applicable and propercerticates.

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

agreement of the parties, or rules promulgatedpursuant to the law, resolve a dispute by

rendering an award (Sec. 3[d], RA No. 9285).

31. When will arbitration come about?

At any stage of the proceedings, the partiesmay, agree in writing that they shall abide by thearbitration award of the lupon chairman or the

pangkat. The agreement to arbitrate may berepudiated within ve (5) days from the datethereof for the same grounds and in accordancewith the procedure herein prescribed.


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Chapter4

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

STEP 1 The arbiter orders the secretary to call the case;

STEP 2 - The secretary identies and enters into recordall appearances from both parties;

STEP 3 The arbiter calls the complainant to present his/

her evidence. A person who is to give testimonybefore an arbitration proceeding shall be swornto an oath to tell the truth and nothing but thetruth.


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Chapter4STEP 4 - When a witness is necessary, he/she is summoned to testify before the proceeding;

STEP 5 The arbiter calls the respondent to present his/

her defense; present evidences and witnesses; in the mannerafforded to the complainant;STEP 6 - After the parties have completed their presenta-tion, the case is closed for resolution/decision.At this stage, the adjudicative trial is completed;

WALANG


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

The Decision or Award must be handed down

to the parties within fteen (15) days but not later than six (6) days from the date of the lasthearing. Within ve (5) days thereafter, the

secretary shall furnish a copy of the arbitrationaward to the parties; keep a le at the lupon

ofce and furnish a copy to the city/municipal court.

KP FORM # 15 ARBITRATION AWARDRepublic o the Philippines

Province o __________CITY/MUNICIPALITY OF ______________

Barangay _________________OFFICE OF THE LUPONG TAGAPAMAYAPA

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

____________________________________Respondent/s

ARBITRATION AWARD

Afer hearing the testimonies given and careul examination o the evidence presented in this case, award is herebymade as ollows:______________________________________________________________________________________________________________________________

Made this _____ day o _____________, 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 i the award is made by the Pangkat

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

Chapter4


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

The parties are given ten (10) days to nullify the

decision. After ten (10) days, the decision be comes FINAL AND EXECUTORY.

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

There are two tiers in the execution process:rst, execution is done by lupon, and then ex

ecution by the appropriate city or municipalcourt.

Execution by the lupon may be done within 6 months from thedate of settlement. After the lapse of 6 months from the dateof settlement, execution is done by action in the appropriatecity or municipal court.

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

The time line of six months should be computedfrom the date of settlement.

EXCEPTION: If the obligation to be enforced

is due and demandable on a date other than thedate of the settlement, the six-month periodshould be counted from the date the obligation

becomes due and demandable (Ma. TheresaVidal 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

Chapter4


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Chapter437. 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 execution by the lupon is on November 8, 2012.

2) A promised to settle his debt on the July 1, 2012.Date of settlement is on May 8, 2012. Last dayfor execution by the lupon is on January 1, 2013.

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

Party interested in the execution les a motionfor execution with the Punong Barangay.

Punong Barangay conducts hearing on the date

assigned by the movant. Date shall not be laterthan ve (5) days from the ling of motion.

During the hearing, the Punong Barangay shallascertain the facts for the non-compliance ofsettlement and strongly encourage the partyobliged to comply with settlement.

After the lapse of ve (5) days with no voluntarycompliance, the Punong Barangay shall issue anotice of execution.


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Chapter4KP FORM # 25 MOTION FOR EXECUTION




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

MOION FOR EXECUION

Complainant/s/Respondent/s state as ollows:

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

2. Te period o ten (10) days rom the above-stated date has expired without any othe parties filing a sworn statement o repudiation o the settlement beore the LuponChairman a petition or nullification o the arbitration award in court; and

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

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


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Chapter4KP FORM # 27 NOTICE OF EXECUTION




___________________ Barangay Case No. ___________________________________ For: ____________________________Complainant/s________________________________________________________________ against __________________

__________________Respondent/sNOICE OF EXECUION

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

WHEREAS, the terms and conditions o the settlement, the dispositive portion o the award.

read:______________________________________________________________________________________________________________________________________________________________________________________________________

Te said settlement/award is now final and executory;

WHEREAS, the party obliged ________________ (name) has not complied voluntarily withthe aorestated amicable settlement/arbitration award, within the period o five (5) days romthe date o hearing on the motion or execution;

NOW, HEREFORE, in behal o the Lupong agapamayapa and by virtue o the powersvested in me and the Lupon by the Katarungang Pambarangay Law and Rules, I shall cause tobe realized rom the goods and personal property o __________________ (name o partyobliged) the sum o _________________ (state amount o settlement or award) upon in thesaid amicable settlement [or adjudged in the said arbitration award], unless voluntarycompliance o said settlement or award shall have been made upon receipt hereo.

Signed this _________ day o ___________, 19____.

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


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Chapter439. What are the different modes of execution?

PAYMENT OF MONEY

The actual execution may be in the form of money, but in case of failure to comply voluntarily with the settlement, the Punong Barangay shall take possession of sufcient

personal property of the party obliged.The property can be sold and the proceeds ap

plied to the amount.

POSSESSION OF PROPERTY

If the property is located in the barangay, thePunong Barangay shall oust from the propertythe person against whom the settlement or

arbitration award is rendered.

If the property is outside the barangay, but within the same city/municipality, the Punong

Barangay shall authorize other Punong Barangay to take possession and act in accordance with the preceding paragraph.

CONVEYANCE OF LAND, DELIVERY OF DEEDS OR

OTHER DOCUMENTS OR PERFORMANCE OF ANYSPECIFIC ACT

The Punong Barangay may direct the secretaryto perform the act at the cost of the disobedient party.Costs will be charged to the disobedient party.

40. How is execution by court action done?

By ling a motion for the issuance of a writ ofexecution by the party.


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Chapter441. 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.

Issuance of writ is ministerial duty of the court.

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

Yes. Any party to the dispute may, within ten(10) days from the date of settlement, REPUDIATE

the same by ling the lupon chairman a statement to that effect sworn to before him,

where the consent is vitiated by fraud, violence,or intimidation. Such repudiation shall be

sufcient basis for the issuance of the

certication for ling a complaint.


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Judge Eliza B. Yu, LLM, DCL, A Primer on the Barangay Justice

with ADR Law, Central Book Supply, Inc., 2010, p.1.

Judge Eliza B. Yu, LLM, DCL, A Primer on the Barangay Justicewith ADR Law, Central Book Supply, Inc., 2010, p.1. citing Cecilio

Pe and Alfredo Tadiar, Katarungang Pambarangay: Dynamics of

Compulsory Conciliation, UST Press, 1979, p.5.

Ibid.

Rule II (1), Katarungang Pambarangay Rules

Sec. 399, Chapter VII, RA No. 7160 (The Local Government

Code of 1991)

Sec. 400, Chapter VII, RA No. 7160 (The Local GovernmentCode of 1991)


Code of 1991)


Code of 1991)


Code of 1991)

Sec. 404 (a), Chapter VII, RA No. 7160 (The LocalGovernment

Code of 1991)


Code of 1991)

Sec. 404 (b), Chapter VII, RA No. 7160 (The Local Government

Code of 1991)


Code of 1991)

Judge Eliza B. Yu, LLM, DCL, A Primer on the Barangay

Justice with ADR Law, Central Book Supply, Inc., 2010, p.17.Farrales vs. Judge Camarista, A.M. No. MTJ-99-1184, March 2,

2000

Paragraph 1, Supreme Court Administrative Circular 14-93

Judge Eliza B. Yu, LLM, DCL, A Primer on the Barangay

Justice with ADR Law, Central Book Supply, Inc., 2010, p.19.

Sec. 409 (d), Chapter VII, RA No. 7160 (The Local Government

Code of 1991)

ENDNOTES


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