A GUIDE TO THE KATARUNGANG PAMBARANGAY SYSTEM By Atty. Gregorio Austral
2012
TABLE OF CONTENTS Chapter 1 – Introduction
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1. What is Katarungang Pambarangay?
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2. How was Katarungang Pambarangay introduced into our justice system?
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3. What was the first law that institutionalized Katarungang Pambarangay?
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4. What was the real intent of the passage of PD 1508?
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5. Has PD 1508 been amended or repealed?
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6. What are the purposes and objectives of the Katarungang Pambarangay?
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Chapter 2 – The KP Structure: Composition, Constitution and Functions of the Lupongtagapamayapa, Pangkat ng Tagapagsundo and Legal Advisers
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1. What body is tasked by law to administer the Katarungang Pambarangay?
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2. What are the three components of the Katarungang Pambarangay?
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3. What is the relationship among the three components?
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4. What is the role of the Lupong Tagapamayapa?
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5. What is its composition?
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6. What are the qualifications and disqualifications of a lupon member?
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7. How is the lupon formed?
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8. What are the forms used in the lupon formation process?
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9. What is the lupon member’s term of office?
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10. Can a lupon member’s appointment be withdrawn?
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11. What form is used for the withdrawal of a lupon member’s appointment?
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12. In case of vacancies in the lupon, how is this filled?
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13. What are the functions of the lupon?
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14. Who serves as the secretary of the lupon?
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15. What are the functions of the Lupon Secretary?
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16. What is Pangkat ng Tagapagsundo?
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17. What is its composition?
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18. How is the membership of the Pangkat determined if the parties fail to agree on its membership?
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19. In the event that there are vacancies in the Pangkat, how is this filled?
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20. Who are the officers of the Pangkat? What are their functions?
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21. If the lupon encounters a difficult question of law, to whom may the lupon consult?
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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?
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2. Are there cases which the lupon does not have the authority to hear?
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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?
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4. What cases do not require barangay conciliation as a pre-requisite for filing in court?
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5. What are the common types of case brought before the Lupon?
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6. What is the difference between the term “venue” and “jurisdiction”? Are they synonymous?
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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?
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8. What are rules to determine the proper venue of dispute?
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9. What type of residence is required for purposes of determining the proper venue?
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10. To whom should the requirement of actual residence and membership apply?
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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
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1. How is the entire process in Katarungang Pambarangay done?
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2. Who may initiate proceeding? How is this done?
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3. What are the methods of alternative dispute resolution (ADR) which are commonly used in Katarungang Pambarangay?
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4. What is meant by mediation?
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5. What does conciliation mean?
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6. What is the meaning of arbitration?
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7. What are the two stages of Katarungang Pambarangay process?
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8. What are the steps and principles followed in the mediation before the lupon chairman?
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9. What forms are used in the process of mediation before the lupon chairman?
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10. If the dispute is not settled before the lupon chairman, what will be the next step?
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11. How will the pangkat be constituted?
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12. When shall the pangkat convene?
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13. What shall the pangkat do during its meeting with the parties?
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14. Is there a form for the subpoena to witnesses?
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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?
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17. Who can move to disqualify a pangkat member?
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18. How is a motion to disqualify a pangkat member resolved?
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19. Does the lupon and pangkat have the power of contempt?
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20. What is the punishment if a person is cited for indirect contempt?
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21. What is the rule when it comes to appearance of parties before the KP?
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22. If a party does not appear before the lupon, what are the consequences for his non-appearance?
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23. What processes are accorded to either the complainant or respondent if he fails to appear?
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24. What is the nature of the Katarungang Pambarangay proceedings?
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25. If the parties agree to an amicable settlement of their dispute, what are the formal requirements for the amicable settlement?
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26. Are there certain issues which cannot be the subject matter of a compromise agreement?
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27. What is a Certificate to File Action?
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28. When is the certificate issued?
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29. What are the requirements before Certificates to File Action, to Bar Action, or to Bar CounterClaim 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?
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31. When will arbitration come about?
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32. What are the steps that are usually followed in arbitration?
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33. In arbitration, what is the period of time given to arbitrators to hand down the decision or award?
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34. If a party is aggrieved of the decision or award, what must he do?
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35. How is amicable settlement or arbitration award or decision executed?
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36. What is the timeline of the whole execution process?
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37. What are some examples of counting the sixmonth period?
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38. What is the procedure of execution by the lupon?
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39. What are the different modes of execution?
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40. How is execution by court action done?
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41. What is the possible action of the court on the motion?
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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: ix
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 communitybuilding 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 seminarworkshop 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 realworld 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 cooperation 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 nonsectarian 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. xiv
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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INTRODUCTION 1. What is Katarungang Pambarangay?
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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?
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The first 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 first 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 the feasibility of instituting a system of settling disputes among the members in the barangay without going to courts.
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3. What was the first law that institutionalized Katarungang Pambarangay?
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Presidential Decree No. 1508 in 1978 was the first KP Law that institutionalized Katarungang Pambarangay. 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?
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Although PD No. 1508 was the first 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?
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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 codified laws on local government. Sec.. 399 - 422, Chapter VII of R.A. 7160 are the relevant sections on Katarungang Pambarangay. 2 www.pcced.org.ph
Chapter 6. What are the purposes and objectives of the Katarungang Pambarangay?
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The essence of a barangay justice is a peaceful and harmonious resolution of conflicts within 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 timehonored 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:
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KP helps reduce the number of indiscriminate filing of cases that leads to congestion of court dockets. By compelling the parties to settle their conflicts 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.
Pakikisama (community-spirit) Utang na loob (debt of gratitude) Kinship
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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?
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The Lupong Tagapamayapa. It is the body organized in every barangay composed of the Barangay Captain as Chairman and not less than ten (10) nor more than twenty (20) members from which the members of every Pangkat shall be chosen.
Although the Lupon, as a whole, does not facilitate mediation or conciliation proceedings, the members of the Pangkat which conducts mediation or conciliation sessions are chosen from the members of the Lupon. The Lupon may be assisted by the Provincial Legal Officer, City Legal Officer, Municipal Legal Officer, and/or Public Prosecutor on matters involving questions of law necessary in the administration of the Katarungang Pambarangay.
2. What are the three components of the Katarungang Pambarangay?
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The Katarungang Pambarangay is said to have three components: (A) the Lupong Tagapamayapa; (B) the Pangkat ng Tagapagsundo; and (C) the Legal Advisers. 5
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3. What is the relationship among the three components?
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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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Chapter 4. What is the role of the Lupong Tagapamayapa?
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The Lupon is the Peace-Making Council in the barangay.
5. What is its composition?
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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 qualifications and disqualifications of a lupon member?
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For a person to become a lupon member, he shall possess all of the following qualifications and none of the disqualifications:
Qualifications of lupon member 1)
Any person who is actually residing or working, in the barangay;
2)
Not otherwise expressly disqualified by law; and
3)
Possessing integrity, impartiality, independence of mind, sense of fairness, and reputation for probity
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Disqualifications The following persons are disqualified to become members of the lupon: 1)
Persons convicted of crime with an accessory penalty disqualification from holding public office;
2)
Minors;
3)
Members of the armed forces who are still in active service;
4)
Government employees; and
5)
Elected government official
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 who have 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. 8 www.pcced.org.ph
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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 office. Upon appointment, each lupon member shall take an oath of office before the Punong Barangay.
The Lupon formation process is summarized in the following diagram:
THE LUPON FORMATION PROCESS
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8. What are the forms used in the lupon formation process?
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The following forms are used:
KP FORM NO. 1: NOTICE TO CONSTITUTE THE LUPON Republic of the Philippines Province 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 this Barangay. 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 those actually 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 ________ day of _______, 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 punishment according to law.
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Chapter KP FORM NO. 1: NOTICE TO CONSTITUTE THE LUPON
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Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE PUNONG BARANGAY ______ , 20__ (Date)
APPOINTMENT TO: ___________
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 of office 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 Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ 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 and conscientiously 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 and allegiance 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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9. What is the lupon member’s term of office?
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A lupon member holds office until a new lupon is 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 majority of all the members of the lupon.
10. Can a lupon member’s appointment be withdrawn?
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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, a lupon member’s appointment may be withdrawn on the grounds of incapacity to discharge the duties of his office or unsuitability.
11. What form is used for the withdrawal of a lupon member’s appointment?
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Chapter KP FORM # 6 WITHDRAWAL OF APPOINTMENT
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Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ 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
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. 13 www.pcced.org.ph
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12. In case of vacancies in the lupon, how is this filled?
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Should a vacancy occur in the lupon for any cause, the punong barangay immediately appoints a qualified person who shall hold office only for the unexpired portion of the term.
13. What are the functions of the lupon?
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Exercise administrative supervision over the conciliation panels;
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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 and experiences in effecting speedy resolution disputes; and
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Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance;
14. Who serves as the secretary of the lupon?
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The barangay secretary concurrently serves as the secretary of the lupon.
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Chapter 15. What are the functions of the Lupon Secretary?
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The following are secretary’s functions:
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Record the results of mediation proceedings before the punong barangay;
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Submit a report of the mediation proceedings to the proper city or municipal courts; and
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Receive and keep the records of proceedings submitted to him by the various conciliation panels.
16. What is Pangkat ng Tagapagsundo?
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Pangkat ng tagapagsundo is the conciliation panel that hears each dispute brought before the lupon.
17. What is its composition?
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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?
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Should the parties fail to agree on the pangkat membership, the same shall be determined by lots drawn by the lupon chairman. 15
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19. In the event that there are vacancies in the Pangkat, how is this filled?
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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 filled by lots drawn by the lupon chairman.
20. Who are the officers of the Pangkat? What are their functions?
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The three (3) members constituting the pangkat elect from among themselves the chairman and the secretary.
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CHAIRMAN – presides over meetings or hearings before the pangkat
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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 in his custody that is not by law otherwise declared confidential.
21. If the lupon encounters a difficult question of law, to whom may the lupon consult?
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On matters involving questions of law necessary in the administration of the KP, the following shall render legal advice:
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Provincial legal officer
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City legal officer
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Municipal legal officer; and
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Public Prosecutor
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SUBSTANTIVE ASPECTS OF KATARUNGANG PAMBARANGAY: SUBJECT MATTER, VENUE AND JURISDICTION 1. What disputes may be brought for amicable settlement before the Katarungang Pambarangay?
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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?
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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 officer or employee, and the dispute relate to the performance of his official functions;
c.
Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos (5,000.00); 19
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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 or municipalities, 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 the President 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 lupon’s authority? •
The court in which non-criminal cases not falling within the authority of the lupon are filed 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. 20 www.pcced.org.ph
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4. 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 which 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, specifically 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 custody over 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 upon the 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 offices of the Department of Labor and Employment];
5.
Actions to annul judgment upon a compromise which may be filed 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 of cases 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 specific performance of obligation arising from contracts.
6. What is the difference between the term “venue” and “jurisdiction”? Are they synonymous?
•
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other. Venue is the place where an action is filed, 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?
RULES ON VENUE TYPE OF DISPUTE Between persons actually residing in the same barangay
Involving actual residents of different barangays within the same city or municipality
Shall be brought before the lupon of said barangay.
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. Shall be brought in the barangay where such workplace or institution is located
Arising at the workplace where the contending parties are employed or at the institution where such parties are enrolled for study
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9. 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 an accurate and reliable criterion.
Mere membership in a barangay, without actual residence therein, should not suffice 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 identified 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). 24 www.pcced.org.ph
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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? • 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 the barangays 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 momentwhether 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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PROCEDURAL ASPECT OF KATARUNGANG PAMBARANGAY: THE KP PROCESS 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 the following the process:
THE KP PROCESS
COMPLIANT
MEDIATION BEFORE THE LUPON CHAIRMAN
CONCILIATION THROUGH THE PANGKAT
AMICABLE SETTLEMENT IS REACHED
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2. 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 filing fee.
KP FORM No. 7 is used to initiate the proceeding.
KP FORM # 7 COMPLAINANT’S FORM Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE LUPONG TAGAPAMAYAPA ___________________ ___________________ Complainant/s ________________________________ ________________________________
Barangay Case No. ________________ For: ____________________________
— against — __________________ __________________ Respondent/s COMPLAINT I/WE hereby complain against above named respondent/s for violating my/our rights and interests in the following manner: ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ___________________________________________________________________________________________ _____________________ THEREFORE, I/WE pray that the following relief/s be granted to me/us in accordance with law and/or equity: ____________________________________________________________________________________________ ____________________________________________________________________________________________ __________________________________________________________________________________ Made this _______ day of ___________, 19____. ________________ Complainant/s Received and filed this ________ day of __________, 19____. ____________________________ Punong Barangay/Lupon Chairman
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Chapter 3. What are the methods of alternative dispute resolution (ADR) which are commonly used in Katarungang Pambarangay?
•
4
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). 29
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7. What are the two stages of Katarungang Pambarangay process?
•
The two stages are: (1) MEDIATION before the lupon chairman, and (2) CONCILIATION before the pangkat.
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 witnesses to appear before him for a mediation of their conflicting interests within the next working day.
•
The respondent may submit his answer and he may interpose his counter-claim.
•
Hearing is done informally.
•
Technical rules of evidence are not resorted.
•
Settlement must be reduced into writing signed by the complainant and respondent and attested by the Barangay Chairman
•
If the mediation 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 9. What forms are used in the process of mediation before the lupon chairman? KP FORM # 7 COMPLAINANT’S FORM Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ 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 the hearing of your complaint. This ________ day of ____________, 19____.
____________________________
Punong Barangay/Lupon Chairman
Notified this ________ day of __________, 19____. Complainant/s _______________ _______________
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KP FORM # 9 SUMMONS FOR THE RESPONDENT Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE LUPONG TAGAPAMAYAPA ___________________ ___________________ Complainant/s ________________________________ ________________________________
Barangay Case No. ________________ For: ____________________________
— against — __________________ __________________ Respondent/s SUMMONS TO: ____________________ ____________________ Respondents
_________________________ _________________________
You are hereby summoned to appear before me in person, together with your witnesses, on the _______ day of _________, 19___ at ____________ o’clock in the morning/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 this summons, 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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KP 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/were served.) 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?
•
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 lupon membership 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 first 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.
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Chapter KP FORM # 10 NOTICE TO CONSTITUTE PANGKAT
4
Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE PUNONG BARANGAY NOTICE FOR CONSTITUTION OF PANGKAT TO: __________________ ____________________ __________________ ____________________ 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 the constitution of the Pangkat ng Tagapagkasundo which shall conciliate your dispute. Should you fail to agree on the Pangkat membership or to appear on the aforesaid date for the constitution of the Pangkat, I shall determine the membership 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 Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE LUPONG TAGAPAMAYAPA ___________________ ___________________ Complainant/s — against — __________________ __________________ Respondent/s
Barangay Case No. ________________ For: ____________________________ ____________________________ ____________________________
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?
•
The pangkat shall convene not later than three (3) days from its constitution, on the day and hour set by the lupon chairman, to hear both parties and their witnesses, simplify issues,and explore all possibilities for amicable settlement.
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Chapter 13. What shall the pangkat do during its meeting with the parties?
•
4
The pangkat shall meet to hear both parties, explore possibilities for amicable settlement within 15 days which can be extended for an other 15 days in a meritorious case and issue subpoena of witnesses whenever necessary.
14. Is there a form for the subpoena to witnesses?
•
Yes. The following form is used:
KP FORM # 13 SUBPOENA LETTER Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE LUPONG TAGAPAMAYAPA
___________________ Barangay Case No. ________________ ___________________ For: ____________________________ Complainant/s ________________________________ ________________________________ — against — __________________ __________________ Respondent/s SUBPOENA 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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15. 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 justifiable reason during the barangay conciliation and mediation or arbitration. In this case, what the lupon should do is to issue a certification to file 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 affirmative vote of the majority of the pangkat whose decision shall be final.
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Chapter 19. Does the lupon and pangkat have the power of contempt?
4
• Both the lupon and pangkat do not have power to directly punish the parties and their witnesses for contempt. REASON: Power of contempt is an inherent attribute of the court.
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 contempt before the court.
20. What is the punishment if a person is cited for indirect contempt?
•
Fine not exceeding P5,000.00 or imprisonment not 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 first 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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22. 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 necessarily connected with the complainant’s action, may be dismissed.
•
Dismissal shall bar the respondent from filing such counterclaim in court.
•
Non-appearance shall likewise be a sufficient basis for the issuance of a certification to file 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 complainant 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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KP FORM # 18 NOTICE OF HEARING FOR COMPLAINANT Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE LUPONG TAGAPAMAYAPA ___________________ ___________________ Complainant/s — against — __________________ __________________ Respondent/s
Barangay Case No. ________________ For: ____________________________ ______________________________ ___________________________
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?
•
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
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Chapter KP FORM # 16 AMICABLE SETTLEMENT
4
Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE LUPONG TAGAPAMAYAPA ___________________ Barangay Case No. ________________ ___________________ For: ____________________________ Complainant/s _________________________ __________________________ — against — __________________ __________________ Respondent/s AMICABLE 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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26. 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, good customs, 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 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?
•
This is issued when:
--- --- ---
No settlement was agreed upon between the 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 a valid reason. The issuance of a Certificate to File Action is a ministerial duty.
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Chapter KP FORM # 20 CERTIFICATE TO FILE ACTION (IF SETTLEMENT IS REPUDIATED)
4
Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE LUPONG TAGAPAMAYAPA ___________________ 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;
and
3. The settlement has been repudiated in a statement sworn to before the Punong Barangay by ______________ on ground of ______________;
4. Therefore, the corresponding complaint for the dispute may now be filed in court/government office. This _________ day of __________, 19____. ___________________ Lupon Secretary
Attested: __________________ Lupon Chairman
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KP FORM # 21 CERTIFICATE TO FILE ACTION (FAILURE OF SETTLEMENT) Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE LUPONG TAGAPAMAYAPA ___________________ ___________________ Complainant/s — against — __________________ __________________ Respondent/s
Barangay Case No. ________________ For: ____________________________ ____________________________ ______________________________
CERTIFICATION TO FILE ACTION 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____.
Attested: __________________ Lupon Chairman
___________________ Pangkat Secretary
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Chapter KP FORM # 22 CERTIFICATE TO FILE ACTION (REFUSAL TO APPEAR BEFORE THE PANGKAT)
4
Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE LUPONG TAGAPAMAYAPA ___________________ Barangay Case No. ________________ ___________________ For: ____________________________ Complainant/s ____________________________ ____________________________ — against — __________________ __________________ Respondent/s CERTIFICATION TO FILE ACTION This is to certify that:
1. There was a personal confrontation between the parties before the Punong Barangay but mediation failed;
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.
2. The Punong Barangay set the meeting of the parties for the constitution of the Pangkat;
_________________ Pangkat Secretary Attested by: ___________________ Pangkat Chairman
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29. What are the requirements before Certificates to File Action, to Bar Action, or to Bar Counter-Claim are issued?
•
A hearing should be set and conducted by the Punong Barangay or Pangkat Chairman to give the absent party an opportunity to explain the reasons for his absence.
•
When the Punong Barangay determines that such failure to attend was intentional and with 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 agreement of the parties, or rules promulgated pursuant 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 parties may, agree in writing that they shall abide by the arbitration award of the lupon chairman or the pangkat. The agreement to arbitrate may be repudiated within five (5) days from the date thereof for the same grounds and in accordance with the procedure herein prescribed.
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Chapter KP FORM # 14 AGREEMENT FOR ARBITRATION
4
Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE LUPONG TAGAPAMAYAPA ___________________ 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 and consequences. Entered into this _____ day of _________, 19____. Complainant/s ___________________ ___________________
Respondent/s __________________ __________________
ATTESTATION I 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 the consequences of such agreement. ______________________________ Punong Barangay/Pangkat Chairman (Cross out whichever one is not applicable.)
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32. What are the steps that are usually followed in arbitration? STEP 1 –
The arbiter orders the secretary to call the case;
STEP 2 -
The secretary identifies and enters into record all appearances from both parties;
STEP 3 –
The arbiter calls the complainant to present his/ her evidence. A person who is to give testimony before an arbitration proceeding shall be sworn to an oath to tell the truth and nothing but the truth.
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Chapter STEP 4 -
When a witness is necessary, he/she is summoned to testify before the proceeding;
4
STEP 5 – The arbiter calls the respondent to present his/ her defense; present evidences and witnesses; in the manner afforded to the complainant; STEP 6 - After the parties have completed their presentation, 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 fifteen (15) days but not later than six (6) days from the date of the last hearing. Within five (5) days thereafter, the secretary shall furnish a copy of the arbitration award to the parties; keep a file at the lupon office and furnish a copy to the city/municipal court.
KP FORM # 15 ARBITRATION AWARD Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE LUPONG TAGAPAMAYAPA ___________________ 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 Punong
Barangay.
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34. If a party is aggrieved of the decision or award, what must 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 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.
Execution by the lupon may be done within 6 months from the date of settlement. After the lapse of 6 months from the date of settlement, execution is done by action in the appropriate city or municipal court. 36. What is the timeline of the whole execution process? EXECUTION BY THE LUPON
DATE OF SETTLEMENT
• •
EXECUTION BY COURT ACTION
6 MONTHS The time line of six months should be computed from the date of settlement. EXCEPTION: If the obligation to be enforced is due and demandable on a date other than the date of the settlement, the six-month period should be counted from the date the obligation becomes due and demandable (Ma. Theresa Vidal et. al. vs. Ma. Theresa Escueta, G.R. No. 156228, Dec. 10, 2003).
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37. 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 day for execution by the lupon is on January 1, 2013.
38. What is the procedure of execution by the lupon?
•
Party interested in the execution files a motion for execution with the Punong Barangay.
•
Punong Barangay conducts hearing on the date assigned by the movant. Date shall not be later than five (5) days from the filing of motion.
•
During the hearing, the Punong Barangay shall ascertain the facts for the non-compliance of settlement and strongly encourage the party obliged to comply with settlement.
•
After the lapse of five (5) days with no voluntary compliance, the Punong Barangay shall issue a notice of execution.
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Chapter KP FORM # 25 MOTION FOR EXECUTION
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Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE LUPONG TAGAPAMAYAPA ___________________ ___________________ Complainant/s — against — __________________ __________________ Respondent/s
Barangay Case No. ________________ For: ____________________________ _______________________________ _______________________________
MOTION FOR EXECUTION Complainant/s/Respondent/s state as follows: 1. On _____________ (Date) the parties in this case signed an amicable settlement received 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
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KP FORM # 27 NOTICE OF EXECUTION Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE LUPONG TAGAPAMAYAPA ___________________ ___________________ Complainant/s ________________________________ ________________________________ — against — __________________ __________________ Respondent/s NOTICE OF EXECUTION
Barangay Case No. ________________ For: ____________________________
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 voluntary compliance of said settlement or award shall have been made upon receipt hereof. Signed this _________ day of ___________, 19____. ___________________ Punong Barangay Copy furnished: ____________________ ____________________ Complainant/s
___________________ ___________________ Respondent/s
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Chapter 39. What are the different modes of execution?
4
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 sufficient 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, the Punong Barangay shall oust from the property the 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 ANY SPECIFIC ACT
The Punong Barangay may direct the secretary to 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 filing a motion for the issuance of a writ of execution by the party.
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41. 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 or award be repudiated?
•
Yes. Any party to the dispute may, within ten(10) days from the date of settlement, REPUDIATE the same by filing 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 sufficient basis for the issuance of the certification for filing a complaint.
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ENDNOTES 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 Justice with 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 Government Code of 1991) Sec. 401, Chapter VII, RA No. 7160 (The Local Government Code of 1991) Sec. 402, Chapter VII, RA No. 7160 (The Local Government Code of 1991) Sec. 403, Chapter VII, RA No. 7160 (The Local Government Code of 1991) Sec. 404 (a), Chapter VII, RA No. 7160 (The LocalGovernment Code of 1991) Sec. 405, Chapter VII, RA No. 7160 (The Local Government Code of 1991) Sec. 404 (b), Chapter VII, RA No. 7160 (The Local Government Code of 1991) Sec. 408, Chapter VII, RA No. 7160 (The Local Government 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)
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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
