KATARUNGANG PAMBARANGAY - WordPress.com...KATARUNGANG PAMBARANGAY KATARUNGANG Pambarangay: A Handbook is the latest publication of the Philippines-Canada Local Government Support Program

A H A N D B O O K

KATARUNGANGPAMBARANGAY

P H I L I P P I N E S - C A N A D A L O C A L G O V E R N M E N T S U P P O R T P R O G R A M

Katarungang Pambarangay: A Handbook

WRITERS

Maricel VigoAtty. Marlon Manuel, SALIGAN

TECHNICAL AND EDITORIAL TEAM

Atty. Marlon Manuel, SALIGANDivina Lopez, LGSPMyn Garcia, LGSPVic Alfaro, LGSPEdgar Catalan, LGSPRaissa Jajurie, SALIGAN MindanaoRaymond Salas, SALIGAN MindanaoPedrito Acosta, Region 12Liza del Norte, IPHCAllan Carpio, RCED

ILLUSTRATIONS AND COVER DESIGN

Arnold Beroya

ART DIRECTION AND LAYOUT

Alecks P. Pabico/Disenyong Magilas

A H A N D B O O K

KATARUNGANGPAMBARANGAY

Katarungang Pambarangay: A Handbook

Copyright © 2004 Philippines-Canada Local GovernmentSupport Program (LGSP)

All rights reserved

The Philippines- Canada Local Government SupportProgram (LGSP) encourages the use, translation, andadaptation and copying of this material for non-commercialuse, with appropriate credit given to LGSP.

Although reasonable care has been taken in thepreparation of this handbook, neither the publisher and/orcontributor and/or writer can accept any liability for anyconsequence arising from the use thereof or from anyinformation contained herein.

ISBN 971-92952-0-1

Printed and bound in Manila, Philippines

Published by:

Sentro ng Alternatibong Lingap Panligal (SALIGAN)1/F Hoffner Bldg., Social Development ComplexAteneo de Manila University, Loyola Heights, 1108Quezon City, Philippines✆ (632) 4266001 local 4858 or 4860

Philippines-Canada Local Government SupportProgram (LGSP)Unit 1507 Jollibee PlazaEmerald Avenue, 1600 Pasig City, Philippines✆ (632) 637 3511-13www.lgsp.org.ph

This project was undertaken with the financial support ofthe Government of Canada provided through the CanadianInternational Development Agency (CIDA).

IMPLEMENTED BY

A JOINT PROJECT OF

Agriteam Canadawww.agriteam.ca

Federation of CanadianMunicipalities (FCM)

www.fcm.ca

Department of the Interiorand Local Government (DILG)

National Economic andDevelopment Authority (NEDA)

Canadian InternationalDevelopment Agency

Programme de soutien auxgouvernments locaux

PHILIPPINES-CANADALOCAL GOVERNMENTSUPPORT PROGRAM

ForewordAcknowledgementsPrefaceDefinition of TermsIntroduction

PART 1: ACTUAL PROCESSES

Chapter 1 — Constitution of the LuponChapter 2 — Mediation through

the Punong BarangayChapter 3 — Conciliation through

the Pangkat TagapagkasundoChapter 4 — ArbitrationChapter 5 — Indigenous Modes of Dispute

Resolution

PART 2: BENEFITS, INCENTIVES AND AWARDS

Chapter 1 — ScholarshipsChapter 2 — Incentives and Awards

Annexes — Katarungang Pambarangay Forms

KP Form # 1KP Form # 2KP Form # 3KP Form # 4KP Form # 5KP Form # 6KP Form # 7KP Form # 8KP Form # 9KP Form # 10KP Form # 11KP Form # 12

KP Form #13KP Form #14

CONTENTS

viiixxi

xiii1

920

33

5258

6973

Notice to Constitute the LuponAppointment LetterNotice of AppointmentList of Appointed Lupon MembersLupon Member Oath StatementWithdrawal of AppointmentComplainant’s FormNotice of HearingSummon for the RespondentNotice for Constitution of PangkatNotice to Chosen Pangkat MemberNotice of Hearing (Conciliation Proceedings)Subpoena LetterAgreement for Arbitration

KP Form # 15KP Form # 16KP Form # 17KP Form # 18KP Form # 19KP Form # 20

KP Form # 21

KP Form # 22KP Form # 23KP Form # 24KP Form # 25KP Form # 26

KP Form # 27KP Form # 28

Arbitration AwardAmicable SettlementRepudiationNotice of Hearing for ComplainantNotice of Hearing for RespondentCertification to File Action (from Lupon Secretary)Certification to File Action (from Pangkat Secretary)Certification to File ActionCertification to Bar ActionCertification to Bar CounterclaimMotion for ExecutionNotice of Hearing (Re: Motion for ExecutionNotice of ExecutionMonthly Transmittal of Final Reports

KATARUNGANG PAMBARANG AY

IT has always been a source of pride for us in theDepartment of the Interior and Local Government tobear witness to outstanding initiatives of partners inlocal governance. We are therefore pleased toacknowledge the latest publication of the Philippines-Canada Local Government Support Program (LGSP),Katarungang Pambarangay: A Handbook.

Republic Act 7160, otherwise known as the 1991Local Government Code, gives barangays themandate to enforce peace and order and providesupport for the effective enforcement of humanrights and justice. Decentralization has facilitated therecognition of the Katarungang Pambarangay orBarangay Justice System as an alternative venue forthe resolution of disputes. The challenge facing localgovernments now is to maximize and harness thekatarungang pambarangay as one of the mostvaluable mechanisms available in administeringjustice, advancing human rights protection andresolving and/or mediating conflict at the barangaylevel through non-adversarial means.

Katarungang Pambarangay: A Handbookprovides local governments an easy-to-use tool withwhich to take up this challenge. It fills the need toincrease the awareness and understanding ofkatarungang pambarangay and its value as anempowering and alternative tool for the resolution ofcommunity and family disputes at the barangaylevel. With the fast-evolving demand for access tojustice, there is a need to utilize this mechanismmore strategically and proactively as a way topromote peace at the grassroots. The PunongBarangay (Barangay Heads), members of the LupongTagapamayapa (Peace Council) and communities will

FOREWORD

vii

A HANDBOOK

benefit greatly from this publication. Moreover,development workers, the academe and non-governmental and people’s organizations will alsofind this handbook useful in their work on barangayjustice.

This undertaking complements the efforts of theDILG to popularize and mainstream governanceknowledge products through the Local GovernmentAcademy and the agency’s regional learning centers.

The handbook provides a means for improvedaccess to dispute resolutions and will go a long waytowards enhancing knowledge on and strengtheningbarangay governance and justice. The DILG,therefore, congratulates the Philippines-Canada LocalGovernment Support Program for its commitmentand meaningful contributions to promotingexcellence in barangay governance as an integralelement of good, responsive and accountable localgovernance.

HON. JOSE D. LINA JR.SecretaryDepartment of the Interior and Local Government

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KATARUNGANG PAMBARANGAY

THE support, collaboration and creative contributionsof the following individuals and institutions areinvaluable and were essential to the completion ofthis publication:

The Philippines-Canada Local Government SupportProgram led by Alix Yule and Marion MacedaVillanueva for providing the necessary direction andsupport

The Sentro ng Alternatibong Lingap Panligal(SALIGAN), especially Atty. Marlon J. Manuel, for theirpartnership

Maricel Vigo for the overall writeup and excellenttechnical contribution

LGSP Area Managers Tess Gajo, Merlinda Hussein,Evelyn Jiz and LGSP Program Officers namely VicAlfaro, Edgar Catalan, Abduljim Hassan and CrisTagupa for their invaluable collaboration

LGSP Local Resource Partners Raissa Jajurie andRaymond Salas of SALIGAN Mindanao, Pedrito Acosta(Reg 12), Liza del Norte of Institute of Primary HealthCare (IPHC), Allan Carpio of Resource Center forEmpowerment and Development (RCED) for theirtechnical contribution

Divina Luz Lopez for her overall project managementand technical expertise in ensuring the quality of thispublication

Myn Garcia for providing technical and creativedirection, and overall supervision of the design,layout and production

ACKNOWLEDGEMENTS

ix

A HANDBOOK

Arnold Beroya for the illustrations and Alecks Pabicofor layout and overall art direction

Raymond Oliveros, Janilo Rubiato and TessTajanlangit for the translation of the handbook toTagalog, Cebuano and Ilonggo, respectively

Ria Adapon and Sef Carandang for overallcoordination and editorial work

Gigi Barazon and the rest of the LGSP administrativestaff for providing support.

x


KATARUNGANG Pambarangay: A Handbook is thelatest publication of the Philippines-Canada LocalGovernment Support Program (LGSP) as part of itsmandate to mainstream effective and responsivebarangay governance.

Republic Act 7160 or the Local Government Codeof 1991 expanded the scope and powers of theKatarungang Pambarangay or the Barangay JusticeSystem designed not merely to decongest the courtsof cases but to address inequalities in access tojustice, particularly experienced by marginalizedcommunities. The barangays, being the basicpolitical unit in the country, is in the most strategicposition to facilitate resolution or mediation ofcommunity and family disputes, alongside itsmandate to deliver basic services.

In empowering local government units in WesternVisayas and Mindanao, LGSP has designed initiativesthat strengthen barangay governance, includingenhancing and mainstreaming the use of and accessto the barangay justice system. The KatarungangPambarangay: A Handbook was designed to providea user-friendly, easy to read and simple tool topromote the knowledge of the katarungangpambarangay as an effective alternative mechanismfor dispute resolution.

This handbook aims to increase theunderstanding of the Punong Barangays (barangayheads) and members of the Lupong Tagapamayapa(Barangay Peace Council) on the processes andprocedures of the barangay justice system to enablethem to maximize its use in their communities. It isalso intended to provide a practical overview for the

PREFACE

xi

A HANDBOOK

members of the communities — paralegals, non-government and people’s organizations — regardingthe role and benefits of the katarungangpambarangay in their lives.

By doing so, LGSP hopes that it would somehowmake a difference in people’s lives by contributing toa better understanding and strategic administrationof the barangay justice system. KatarungangPambarangay: A Handbook is a modest contributionto creating greater awareness of an alternative towhat can be an elitist and complex legal system,often characterized by an arduous legal process. Thispublication is a way to empower grassrootscommunities to exact their basic rights and providethem a viable way to do so.

The Philippines-Canada Local GovernmentSupport Program

xii


Adjudication is the power of courts or quasi-judicialagencies to decide cases filed before them andfalling within their jurisdiction.

Amicable Settlement is an agreement reachedduring mediation and conciliation proceedings.

Arbitration is a process wherein the third partyfrom outside the judicial system is chosen by partiesto hear and decide their dispute.

Arbitration Award is the decision reached by eitherthe lupon chairperson or pangkat, as the case maybe, upon prior agreement in writing by the parites toa dispute for the adjudicators to resolve it.

Attachment is a provisional remedy in the form ofan order issued by a judge before whom the case ispending by which the property is taken into legalcustody as security for satisfaction of a judgmentobtained by the prevailing party, either at thecommencement of the action or any time after thefiling of the case before the final judgment

Complainant — plaintiff

Complaint is a concise statement of ultimate factsconstituting the plaintiff’s cause and causes ofaction.

Conciliation is a process wherein the Pangkatforgoes the power to decide or recommend but assistthe parties to isolate issues and options to reach asettlement by consensus that jointly satisfies theirneeds

DEFINITION OF TERMS

xiii

A HANDBOOK

Delivery of Personal Property (Replevin) isprovisional remedy by which a judge before whoman action is pending for the recovery of personalproperty issues an order for the delivery of suchproperty to the movant or the party filing the petitionupon filing of a bond to guarantee its return or toanswer for the damages.

Execution is the process of exacting satisfaction foron or both of the parties through compulsory orcoercive means. It entails the enforcement of theterms of the amicable settlement or arbitration awardin so far as this may enjoin or command any of theparties to perform an act, give something or refrainfrom doing some act

Habeas Corpus is a judicial proceeding for thepurpose of releasing a person who is illegallydeprived of liberty or restoring rightful custody tothe person who has been deprived of.

Incompetent means a person who is suffering thepenalty of civil interdiction; or who is a hospitalizedleper, prodigal, deaf and dumb who is unable tocommunicate; one who is of unsound mind, eventhough he has a lucid intervals and a person notbeing unsound mind but by reason of age, disease,weak mind, and other similar causes, cannot,without outside aid, take care of himself and mangehis property, becoming thereby an easy prey fordeceit and exploitation.

Jurisdiction is an authority to hear and decide acase and given by law and cannot be agreed by theparties

Katarungang Barangay (KP) is a system of justiceadministered at the barangay level for the purpose ofamicable settling disputes through mediation,conciliation or abitration among the family orbarangay without resorting to the courts.

xiv


Lupong Tagapamayapa (Lupon) is a bodyorganized in every barangay composed of PunongBarangay as the chairperson and not less than ten(10) and more than twenty from which the membersof every Pangkat shall be chosen.

Mediation is a process wherein the Luponchairperson or Barangay Chairperson assists thedisputing parties to reach a settlement by consensusthat jointly satisfies their needs.

Minor is a person below eighteen (18) years of age.

Next of Kin is an individual who is a relative or aresponsible friend with whom the minor orincompetent lives

Pangkat Tagapagkasundo (Pangkat) is aconciliation panel constituted from the Luponmembership for every dispute brought before theLupon consisting of three (3) members after thePunong Barangay has failed in his mediation efforts.

Preliminary injunction is a provisional remedy inthe form of an order issued by a judge before whomthe case is pending at any stage before the finaljudgment requiring a person to refrain from aparticular act.

Repudiation is an act of rejecting the validity orrefusing to accept the terms and conditions ofagreement on the ground of vitiation of consent byfraud, violence or intimidation.

Respondent — defendant

Statute of Limitations is the law which bars ordoes not allow the institution or filing of an action orcase against another after the expiration of theperiod prescribe d for such action or offense

Support Pendente Lite is a provisional remedy in a

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A HANDBOOK

form of an order issued by a judge before whom thecase is pending granting allowance, dwelling,clothing, education and medical attendance to theperson entitled thereof.

Venue is the place where the case is to be heard anddecided. This is not fixed by law except in criminalcases, and can be agreed upon by the parties.

xvi

INTRODUCTION

THE Katarungang Pambarangay or Barangay JusticeSystem is a community-based dispute settlementmechanism that is administered by the basic politicalunit of the country, the barangay. As a community-based mechanism for dispute resolution, it coversdisputes between members of the same community(generally, same city/municipality) and involves thePunong Barangay and other members of thecommunities (the Lupon members) as intermediaries(mediators, conciliators, and, sometimes,arbitrators).

The establishment and operation of the BarangayJustice System is mandated by Republic Act No. 7160or the Local Government Code of 1991. Prior to thislaw, however, the establishment of the BarangayJustice System had been covered by PresidentialDecree 1508 in 1978 and Batas Pambansa Blg. 337or the 1983 Local Government Code.

When PD 1508 first decreed the setting up of theBarangay Justice System, the law had the followingobjectives:

To promote the speedy administration ofjustice

To minimize the indiscriminate filing of casesin courts

To minimize the congestion of court docketsand thereby enhance the quality of justicedispensed by the courts

To perpetuate and recognize the time-honoredtradition of amicably settling disputes at thecommunity level

2 A HANDBOOK

These same objectives are stated in theKatarungang Pambarangay Rules that werepromulgated by the Department of Justice on June 1,1992, pursuant to the mandate of the LocalGovernment Code. These rules serve as theimplementing rules for the provisions of the LocalGovernment Code on the establishment,administration, and operation of the Barangay JusticeSystem.

Under the Barangay Justice System, the mainstrategy for settling disputes is to provide a venuefor the disputing parties to search for a solution thatis mutually acceptable. Hence, the primary role ofthe system is not to decide disputes and impose asolution on the parties but to assist the parties indiscussing the possible amicable settlement of theirdisputes. The Punong Barangay and the communityconciliators (Lupon members) do not act as judges oradjudicators of disputes but as facilitators for thedisputing parties’ discussion of possible solutions.For this reason, the personal appearance andparticipation of the disputing parties is necessary,while the non-appearance of the parties will havecorresponding sanctions. Also because of the needfor the disputing parties’ personal participation in theconciliation proceedings, disputes involving non-

natural persons likecorporations are notsubject to theconciliationproceedings of theBarangay JusticeSystem.

The BarangayJustice Systemprovides analternative mode fordispute resolution tothe costly and lengthyprocess of settling

Simply put, theBarangay JusticeSystem provides afriendly, inexpensive,and speedy forum forthe settlement ofdisputes where theparties can freelyexplore options foramicably resolvingtheir disputes withoutresorting to thecourts.

3KATARUNG ANG PAMBARANGAY

disputes in regular courts. Instead of going throughthe very technical procedure of filing formalpleadings and presenting evidence in courts, theparties of a dispute are given the opportunity to tryto talk to each other and resolve their disputesamicably. The technical processes and rules that areusually applied in court proceedings are not applied.Filing a case in court, or defending oneself againstsuch a case,would necessarilyentail the servicesof lawyers. In theBarangay JusticeSystem, however,the parties do notneed to secure theservices oflawyers. In fact,the law prohibitsthe participationof lawyers in theconciliation proceedings. While cases that are triedin courts generally take years to be resolved, casesthat go through the Barangay Justice System wouldgenerally take only a few weeks.

Simply put, the Barangay Justice System providesa friendly, inexpensive, and speedy forum for thesettlement of disputes where the parties can freelyexplore options for amicably resolving their disputeswithout resorting to the courts.

On the issue of access to justice, the BarangayJustice System provides an accessible mechanism forresolving the justice issues of the poor.

In some areas where the courts are inaccessible,both because of location and because of theprohibitive costs of litigation, the Barangay JusticeSystem, with all its limitations, can be the only venuethat the poor can avail of for the resolution of theirdisputes.

In some areas where thecourts are inaccessible, bothbecause of location andbecause of the prohibitivecosts of litigation, theBarangay Justice System,with all its limitations, canbe the only venue that thepoor can avail of for theresolution of their disputes.

4 A HANDBOOK

The Barangay Justice System is also envisioned tocomplement the courts in administering justice. Forcases that are covered by the Barangay JusticeSystem, it is compulsory for the parties to gothrough the Barangay Justice System proceedingsfirst before going to court. Failure to do so wouldmean the dismissal of the parties’ claim orcounterclaim. It is only when the Barangay JusticeSystem has failed to resolve the dispute that theparties will be allowed to bring their case to court.

The Supreme Court issued AdministrativeCircular No. 14-93 on July 15, 1993 directing thecourts to ensure compliance with the requirement ofprior recourse to the Barangay Justice as a conditionfor filing a complaint in court for cases that arecovered by the system.

With more disputing parties settling theirdisputes at the community level, it is expected thatthe filing of cases between members of the samecommunity will be minimized. This, in turn, will helpreduce the congestion of the courts’ dockets and,hopefully, improve the efficiency and quality of thecourts’ dispensation of justice. The Barangay Justicesystem is, thus, both an alternative andcomplementary mode of resolution to the courtsystem.

The Barangay Justice System maximizes the useof time-honored traditions and practices ofcommunities in settling disputes betweencommunity members. Filipinos traditionally resort tothe help of older members of the family, communityelders, or tribe leaders in resolving disputes betweenmembers of the same family or community. This isthe common practice that is recognized andformalized by the Barangay Justice System. In lieu offamily members, community elders, or tribe leaders,the Barangay Justice System uses the PunongBarangay and the Lupon Members, who areappointed from the respected members of the

5KATARUNG ANG PAMBARANGAY

community. In recognition of traditional customarypractices in some indigenous communities, the lawon the Barangay Justice System provides that incommunities that have distinct traditional practicesof settling disputes, the customs and traditions ofthe indigenous cultural communities shall beapplied. Thus, local systems of settling disputesthrough their councils of datus or elders arerecognized and followed with the same force andeffect as the procedure laid down in the law.

The strength of the Barangay Justice System liesin the fact that it is based in the community itself,and is administered by community members usingtraditional practices in dispute resolution. With thisset-up, the disputing parties are expected to be morecomfortable in discussing their problems and inexploring solutions to the disputes. It is likewiseexpected that the community-based set-up of theBarangay Justice System will ensure that the partieswill honor the amicable settlement that was agreedupon. Ultimately, the Barangay Justice System isenvisioned to live up to its name. It is expected toensure the dispensation of justice at the grassrootslevel.

The first part of the handbook discusses theactual processes of the Katarungang Pambarangay(KP). The second part deals with the benefits,incentives and awards of the system. The Annexescontains samples of al the KP forms that are used inthe process, for reference.

The Supreme Court issued AdministrativeCircular No. 14-93 on July 15, 1993 directing thecourts to ensure compliance with therequirement of prior recourse to the BarangayJustice as a condition for filing a complaint incourt for cases that are covered by the system.

6 A HANDBOOK

This handbook has also been translated to threePhilippine dialects, namely Tagalog, Cebuano andIlonggo, to facilitate greater use and understandingof the system at the community level. Also, ahandbook on the Barangay Justice System in ARMM isbeing developed, which takes a look at the existingindigenous/traditional mechanisms of dispensingjustice in the Muslim and Moro cultures.

P A R T O N E

ACTUALPRACTICES

THANK YOU. ACTUALLY, I CAMETO ASK SOME QUESTIONSREGARDING THE ADMINISTRA-

TION OF THEBARANGAYJUSTICESYSTEM IN

OURBARANGAY.

WELL, YOU HAVE COMETO THE RIGHTPERSON, SITDOWN ANDHAVE SOME

COFFEE.

YOU KNOW CELIA, BARANGAY JUSTICE ORKATARUNGANG PAMBARANGAY IS ONEIMPORTANT SYSTEM IN OUR BARANGAY TORESOLVE DISPUTES FAIRLY AND SPEEDILY.THIS IS A SALIENT PART OF THEBARANGAY‛S FUNCTION TO PROMOTEPEACE AND HARMONIOUS RELATIONSHIPSAMONG COMMUNITY MEMBERS. THIS ISALSO IN RECOGNITION OF THE CAPACITYOF THE BARANGAY AND ITS LEADERS TO

FACILITATE THE SETTLEMENT ANDRESOLUTION OF DISPUTES AT THEIR LEVEL.

HELLO. GOOD MORNING,TOO. CONGRATULATIONSTO THE NEW PUNONGBARANGAY OF BAGONGDIWA. WHAT CAN I DOFOR YOU?

GOOD MORNING, KAPITAN PEDRING.

CONSTITUTION OF THE LUPON

C H A P T E R O N E

ONE MORNINGIN BARANGAYPAG-ASA...

10 A HANDBOOK

HE/SHE CAN BE CHARGEDOF NEGLECT OF DUTYAND BE SUBJECTED TOADMINISTRATIVESANCTIONS.

WHAT IF THE PUNONGBARANGAY FAILS TOORGANIZE THE LUPON?

REALLY? WHEN AND HOWCAN I CONSTITUTE THELUPON?

WITHIN FIFTEEN (15)DAYS FROM THE STARTOF OUR TERM ASPUNONG BARANGAY, WESHOULD ISSUE A NOTICETO CONSTITUTE THELUPON AND PREPARE THELIST OF THE NAMES OFPROPOSED LUPONMEMBERS.

A MINIMUM OF TENAND A MAXIMUM OFTWENTY PERSONS.

HOW MANY PEOPLESHOULD I INCLUDEIN THE LIST?

I SEE. BUT IS IT ONLY THE PUNONGBARANGAY WHO HAS THE AUTHORITY TOCONSTITUTE THE LUPON?

YES, THE PUNONG BARANGAY CANAPPOINT THE LUPON MEMBERS. IT

IS HIS/HER EXCLUSIVEPREROGATIVE — NO NEED FOR APPROVAL,

CONFIRMATION OR RATIFICATION OF THESANGGUNIANG BARANGAY.

11KATARUNGANG PAMBARANGAY

WHO ARE QUALIFIED TO BE MEMBERS OF THELUPON?

ANYBODY WHO IS AN ACTUAL RESIDENTOR WORKING IN THE BARANGAY, OF

LEGAL AGE AND POSSESSES THE FOLLOWINGQUALITIES: INTEGRITY, IMPARTIALITY, INDEPENDENCE,FAIRNESS, REPUTATION FOR PROBITY, PATIENCE,RESOURCEFULNESS, OPEN-MINDEDNESS ANDFLEXIBILITY, CAN BE A MEMBER OF THE LUPON.

QUALIFIED AS LUPONMEMBERS

ACTUAL RESIDENTS/ WORKING IN THE

BARANGAY

OF LEGAL AGE

WITH THE FOLLOWING

QUALITIES: INTEGRITY, IMPARTIALITY, INDEPENDENCE, FAIRNESS, REPUTATION FOR

PROBITY, PATIENCE, RESOURCEFULNESS, OPEN-MINDEDNESS

FLEXIBILITY

DISQUALIFIED TO BELUPON MEMBERS

BELOW 18 YRS OF AGE

INCOMPETENT

CONVICTED OF A CRIME

CARRYING WITH ITPENALTIES OF PERPETUAL

OR TEMPORARY

DISQUALIFICATION FROM

HOLDING PUBLIC OFFICE

ELECTED GOVERNMENT

OFFICIAL

MEMBER OF ARMED

FORCES WHO IS IN THE

ACTIVE SERVICE

12 A HANDBOOK

THIS NOTICE SHALL BE POSTED IN THREECONSPICUOUS OR STRATEGIC PLACES

WITHIN THE BARANGAY. THE NOTICESHALL CONTAIN AN INVITATION TO ALL

BARANGAY MEMBERS TO ENDORSE OROPPOSE THE PROPOSEDAPPOINTMENT OF ANY PERSON/SINCLUDED IN THE LIST. THE

RECOMMENDATION SHALL BE MADE WITHIN THE PERIODOF POSTING FOR THREE WEEKS.

YOUR SECRETARY, WHO ISALSO THE CONCURRENTSECRETARY OF LUPON,SHALL PREPARE A NOTICETO CONSTITUTE THELUPON USING KP FORM 1.

AFTER IDENTIFYING THE10-20 MEMBERS OF MYLUPON, WHAT ARE THENEXT STEPS?

AFTER THAT,WHERE SHALLWE PUT THENOTICE?


Republic of the PhilippinesProvince of __________

CITY/MUNICIPALITY OF ______________Barangay _________________

OFFICE OF THE PUNONG BARANGAY

______ , 20__

NOTICE TO CONSTITUTE THE LUPON

To All Barangay Members and All Other Persons Concerned:

In compliance with Section 1(a), Chapter 7, Title One, Book III, LocalGovernment Code of 1991 (Republic Act No. 7160), of the KatarungangPambarangay Law, notice is hereby given to constitute the LupongTagapamayapa of this Barangay. The persons I am considering forappointment 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 ofconciliation considering their integrity, impartiality, independence of mind,sense of fairness and reputation for probity in view of their age, socialstanding in the community, tact, patience, resourcefulness, flexibility, openmindedness and other relevant factors. The law provides that only thoseactually residing or working in the barangay who are not expresslydisqualified by law are qualified to be appointed as Lupon members.All persons are hereby enjoined to immediately inform me and of theiropposition to or endorsement of any or all the proposed members orrecommend 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) conspicuousplaces in the barangay for at least three (3) weeks

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

KP FORM # 1: NOTICE TO CONSTITUTE THE LUPON

14 A HANDBOOK

YES, KAPITANA. AND TEN DAYS AFTER THELAST DAY OF POSTING, YOUSHALL PUT IN WRITINGYOUR APPOINTMENT OF

YOUR LUPON MEMBERSUSING KP FORM 2, DULY SIGNED BY THE

PUNONG BARANGAY AND ATTESTED BY THEBARANGAY SECRETARY.




______ , 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 theLupong Tagapamayapa of this Barangay effective upon taking your oath ofoffice and until a new Lupon is constituted on the third year following yourappointment.

_________________Punong Barangay

ATTESTED:________________Barangay Secretary

KP FORM # 2: APPOINTMENT LETTER

YOU MEAN, ANY MEMBER OF MYBARANGAY CAN PROTEST ORRECOMMEND SOMEBODY FROM THEBARANGAY?

THE NEWLY APPOINTED LUPONMEMBERS SHALL TAKE THEIR OATHIMMEDIATELY BEFORE YOU ASPUNONG BARANGAY USING KPFORM 5.

STEP 1: Determining the actual numberof Lupon Members

STEP 2: Preparing a notice to constitute the LuponSTEP 3: Posting the notice to constitute the LuponSTEP 4: Appointment of Lupon MembersSTEP 5: Oath taking of Lupon membersSTEP 6: Posting

SIX STEPS TO CONSTITUTETHE LUPON

AFTER THEIROATH TO OFFICE,WHAT WILL IDO NEXT?

THE LIST OF APPOINTEDLUPON MEMBERS SHALLBE POSTED IN THREESTRATEGIC AND HIGHLYVISIBLE PLACES INTHE 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 andhaving been duly appointed MEMBER of the Lupong Tagapamayapa of thisBarangay, do hereby solemnly swear (or affirm) that I will faithfully andconscientiously discharge to the best of my ability, my duties and functions assuch member and as member of the Pangkat ng Tagapagkasundo in which Imay be chosen to serve; that I will bear true faith and allegiance to theRepublic of the Philippines; that I will support and defend its Constitution andobey the laws, legal orders and decrees promulgated by its duly constitutedauthorities; and that I voluntarily impose upon myself this obligation withoutany 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 _____ dayof __________, 20____.

__________________Punong Barangay

KP FORM # 5: LUPON MEMBER OATH STATEMENT

16 A HANDBOOK

WHAT IS THETERM OF OFFICEOF EACH LUPONMEMBER?

ARE THE LUPONMEMBERSENTITLED TOSOMECOMPENSATION?DO THEY HAVEBENEFITS DUETO THEM?

UPON APPOINTMENT, EACHLUPON MEMBER SHALL SERVEFOR THREE (3) YEARS UNLESSTERMINATED BY DEATH,RESIGNATION, TRANSFER OFRESIDENCE OR PLACE OF WORK,OR WITHDRAWAL OFAPPOINTMENT BY THE PUNONGBARANGAY. HOWEVER, THEWITHDRAWAL SHOULD BECONCURRED WITH A MAJORITYOF ALL THE MEMBERS OFLUPON. (SEE KP FORM 6)

THE LUPON MEMBERS SHALLSERVE WITHOUT ANYCOMPENSATION. IF THEBARANGAY HAS ENOUGHFUNDS, WE CAN ALWAYS GIVEHONORARIA TO LUPONMEMBERS WHO HAVEPARTICIPATED IN THERESOLUTION OF A PARTICULARCASE. ON THE OTHER HAND,UNDER COMMISSION ONHIGHER EDUCATION (CHED)ORDER 62 SERIES OF 1997,TWO DAUGHTERS OR SONS OFA LUPON MEMBER AREQUALIFIED TO BECOME ASTATE SCHOLAR IN TERTIARYEDUCATION TO ANY STATECOLLEGES OR UNIVERSITIES.




OFFICE OF THE LUPONG TAGAPAMAYAPA

______ , 20__ (Date)

WITHDRAWAL OF APPOINTMENT

TO: _______________

After due hearing and with the concurrence of a majority of all the LupongTagapamayapa members of this Barangay, your appointment as memberthereof is hereby withdrawn effective upon receipt hereof, on the followingground/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 oromission/s constituting the ground/s for withdrawal.)

____________________________Punong Barangay/Lupon ChairmanCONFORME (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 personallyaffix their signatures or thumb marks on the pertinent spaces above. Thewithdrawal must be conformed to by more than one-half of the total numberof members of the Lupon including the Punong Barangay and the memberconcerned.

KP FORM # 6: WITHDRAWAL OF APPOINTMENT

18 A HANDBOOK

GOOD TOHEAR!…AT LEASTTHEIRCOMMIT-

MENT AND SERVICES AREMORE OR LESS COMPEN-SATED. WHERE CAN WESOURCE OTHER FUNDSFOR THE LUPONOPERATIONS ASIDEFROM BARANGAY FUNDS?

WE CAN ALWAYS ASKTHE MUNICIPALGOVERNMENT FOR SOMEALLOCATION REGARDINGTHE OPERATIONS OFLUPON AND INCLUDEIT IN ITSANNUALBUDGET.

BACK TO MY ROLE AS ACHAIRPERSON OF LUPON, ARETHERE ANY SPECIFICFUNCTIONS RELATED TOADMINISTERING BARANGAYJUSTICE?

HOW CAN I INVOLVE MYSANGGUNIANGBARANGAY INBARANGAY JUSTICEADMINISTRATION?

INDEED, YOUR ROLE ASCHAIRPERSON OF LUPON ISVERY CRUCIAL. HOWEVER, WECAN DISCUSS IT AS WE GOALONG WITH THE DIFFERENTWAYS OF RESOLVINGDISPUTES OR CONFLICTS INYOUR BARANGAY…

WELL, THE SANGGUNIANGBARANGAY HAS THE DUTY TO

PROVIDE THE ADMINIS-TRATIVE NEEDS OF THELUPONG TAGAPAMAYAPAAND THE PANGKATTAGAPAGKASUNDO BYALLOCATING FUNDS

FROM THE INTERNALREVENUE ALLOTMENTFOR THE KATARUNGANGPAMBARANGAY.


OK , NOW PLEASE TELL MEWHAT IS THE FIRST STEPOF RESOLVINGCONFLICT ORDISPUTE IN MY

BARANGAY?

HAVE YOUR COFFEE, FIRSTAND YOUR MANANGSOLING IS PREPARINGBOILED SWEET POTATOESAND SABAFOR US…

MEDIATION THROUGH THEPUNONG BARANGAY

C H A P T E R T W O

WHAT IF ONLY ONEOF THE INVOLVEDPARTIES ARE FROMMY BARANGAY?

IN THIS CASE, THE DISPUTEWILL BE SETTLED IN THEBARANGAY WHERE THERESPONDENTS OR ONE OF THERESPONDENTS RESIDE AT THECHOICE OF THE COMPLAINANT.IS THAT CLEAR TO YOU?

AS PUNONG BARANGAY, YOU HAVE ANAUTHORITY OR POWER TO MEDIATE CASES OF

THE RESIDENTS IN YOUR BARANGAY.

YES, KAPITAN.WHATWOULD IDO IFTHEREWILL BECASES PRESENTEDTO ME IN THEBARANGAY? HOWCAN I HELP INRESOLVING IT?

THIS SABA ISSO SWEET.

REALLY? THANKSFOR THE COMPLI-MENTS! WHATIS YOURQUESTIONAGAIN?

21KATARUNGANG PAMBARANG AY

WELL, HE/SHE SHOULD BEREPRESENTED BY A LEGAL GUARDIANOR NEXT OF KIN WHO IS NOT ALAWYER.

CAN I MEDIATECASES INVOLVINGCOOPERATIVES ORPEOPLE‛SORGANIZATIONOPERATING IN MYBARANGAY?

NO, I DON‛TTHINK SO. AJURIDICAL PERSONOR CORPORATIONLIKE A COOPERATIVE CAN NOT FILEA COMPLAINT BECAUSE IT IS NOTA PARTY TO AMICABLESETTLEMENT. ANY CASEINVOLVING COOPERATIVE ORPEOPLE‛S ORGANIZATION CAN GODIRECTLY TO COURT WITHOUTGOING THROUGH MEDIATION ORCONCILIATION.

SO WHAT ARE THE CASES UNDER THE KATARUNGANGPAMBARANGAY?

ALL DISPUTES, CIVIL ANDCRIMINAL IN NATURE WHEREPARTIES ACTUALLY RESIDE INTHE SAME CITY ORMUNICIPALITY ARESUBJECTED TO PROCEEDINGSOF AMICABLE SETTLEMENT.THERE ARE CASES THAT FALLUNDER OUR JURISDICTION.

YES , NOW, WHAT IF ANY OF THE INVOLVEDPARTIES IS INCOMPETENT OR A MINOR?

22 A HANDBOOK

CASES UNDER KATARUNGANG PAMBARANGAY

UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL

UTTERANCES (ART. 154); ALARMS AND SCANDALS (ART. 155); USING FALSE CERTIFICATES (ART. 175); USING FICTITIOUS NAMES AND CONCEALING TRUE NAMES

(ART. 178); ILLEGAL USE OF UNIFORMS AND INSIGNIAS (ART. 179); PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY

(ART. 252); GIVING ASSISTANCE TO CONSUMMATED SUICIDE (ART. 253); RESPONSIBILITY OF PARTICIPANTS IN A DUEL IF ONLY

PHYSICAL INJURIES ARE INFLICTED OR NO PHYSICAL INJURIES

HAVE BEEN INFLICTED (ART. 260); LESS SERIOUS PHYSICAL INJURIES (ART. 265); SLIGHT PHYSICAL INJURIES AND MALTREATMENT (ART. 266); UNLAWFUL ARREST (ART. 269); INDUCING A MINOR TO ABANDON HIS/HER HOME (ART.271);

ABANDONMENT OF A PERSON IN DANGER AND

ABANDONMENT OF ONE’S OWN VICTIM (ART. 275); ABANDONING A MINOR (A CHILD UNDER SEVEN [7] YEARS

OLD) (ART. 276); ABANDONMENT OF A MINOR BY PERONS ENTRUSTED WITH

HIS/HER CUSTODY; INDIFFERENCE OF PARENTS (ART. 277); QUALIFIED TRESSPASS TO DWELLING (WITHOUT THE USE OF

VIOLENCE AND INTIMIDATION). (ART. 280); OTHER FORMS OF TRESSPASS (ART. 281); LIGHT THREATS (ART. 283); OTHER LIGHT THREATS (ART. 285); GRAVE COERCION (ART. 286); LIGHT COERCION (ART. 287); OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF

MERCHANDISE AND PAYMENT OF WAGES BY MEANS OF

TOKENS). (ART. 288);23. FORMATION, MAINTENANCE AND PROHIBITION OF

COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE

OR THREATS (ART. 289);


DISCOVERING SECRETS THROUGH SEIZURE AND

CORRESPONDENCE (ART. 290); REVEALING SECRETS WITH ABUSE OF AUTHORITY (ART.291);

THEFT (IF THE VALUE OF THE PROPERTY STOLEN DOES NOT

EXCEED P50.00). (ART. 309); QUALIFIED THEFT (IF THE AMOUNT DOES NOT EXCEED

P500). (ART. 310); OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL

RIGHTS IN PROPERTY (ART 312); ALTERING BOUNDARIES OR LANDMARKS (ART. 313); SWINDLING OR ESTAFA (IF THE AMOUNT DOES NOT

EXCEED P200.00). (ART. 315); OTHER FORMS OF SWINDLING (ART. 316); SWINDLING A MINOR (ART. 317); OTHER DECEITS (ART. 318); REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY

(ART. 319); SPECIAL CASES OF MALICIOUS MISCHIEF (IF THE VALUE OF

THE DAMAGED PROPERTY DOES NOT EXCEED P1,000.00).(ART 328);

OTHER MISCHIEFS (IF THE VALUE OF THE DAMAGED

PROPERTY DOES NOT EXCEED P1,000.00). (ART. 329); SIMPLE SEDUCTION (ART. 338); ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE

OFFENDED PARTY (ART 339); THREATENING TO PUBLISH AND OFFER TO PREVENT SUCH

PUBLICATION FOR COMPENSATION (ART. 356); PROHIBITING PUBLICATION OF ACTS REFERRED TO IN THE

COURSE OF OFFICIAL PROCEEDINGS (ART. 357); INCRIMINATING INNOCENT PERSONS (ART. 363); INTRIGUING AGAINST HONOR (ART. 364); ISSUING CHECKS WITHOUT SUFFICIENT FUNDS (BP 22); FENCING OF STOLEN PROPERTIES IF THE PROPERTY

INVOLVED IS NOT MORE THAN P50.00 (PD 1612).

24 A HANDBOOK

MY GOODNESS! THAT‛S A LOT! WHAT OTHERCASES ARE EXEMPTED IN KATARUNGANGPAMBARANGAY ASIDE FROM THAT OF AJURIDICAL PERSON OR CORPORATION?

OFFENSES INVOLVINGGOVERNMENT ENTITY;

OFFENSES WITH MAXIMUMPENALTY OF 1 YEAR AND EXCEEDING FINE FIVETHOUSAND (P5,000.00);

OFFENSES WITH NO PRIVATEPARTY;

REAL PROPERTIES IN DIFFERENT CITIES ORMUNICIPALITIES, DISPUTES THAT NEED URGENTLEGAL ACTION, LABOR DISPUTES, LAND DISPUTESAND ACTION TO ANNUL A JUDGMENT UPON ACOMPROMISE.

WHAT WILL BE THE FIRST STEP IN MEDIATING CASES?

OK. THE COMPLAINANT, WITH THE HELP OF YOURSECRETARY, WILL FILL UP KP FORM 7. A MINIMALFILING FEE IS BEING CHARGED ANDPAID TO THE BARANGAY TREASURER.

IT IS ALSO VERY IMPORTANT TONOTE THAT NO INDIVIDUAL CANGO DIRECTLY TO COURT OR ANYGOVERNMENT OFFICE FORADJUDICATION OF HIS/HERDISPUTE WITH ANOTHERINDIVIDUAL ESPECIALLY IF THEMATTER IS WITHIN YOURJURISDICTION.





___________________ Barangay Case No. ___________________________________ For: ____________________________ Complainant/s

________________________________________________________________

— against —

____________________________________ Respondent/s

C O M P L A I N T

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

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

Made this _______ day of ___________, 19____.

________________Complainant/s

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

____________________________Punong Barangay/Lupon Chairman

KP FORM # 7: COMPLAINANT’S FORM

26 A HANDBOOK

YOU MEAN, THE CONCERNEDPARTIES MUST GO THROUGHTHE KATARUNGANGPAMBARANGAY?

I SEE…ARE WE NOT ACTINGLIKE A COURT AND THELUPON AS JUDGES?

OK, NOW AFTER THECOMPLAINANT HAS PAID THEFILING FEE, WHAT IS THENEXT STEP?

YES, EXCEPT WHEN THEPARTIES PERSONALLYCONFRONTED EACH OTHERAND SETTLE THEIR DISPUTE.BUT IF NOT, THEY SHOULDGO THROUGH THECONCILIATORY PROCEEDINGSOR ELSE THE COURTS CANSIMPLY DISMISS FOR LACKOF CAUSE OF ACTION ORPREMATURITY.

NO, WE ARE NOT. THE BASICDISTINCTION IN OUR WORKAS LUPON IS THAT IT ISNOT A BARANGAY COURT ANDLUPON MEMBERS ARE NOTJUDGES. IT IS ACONCILIATION BODY ANDTHE MEMBERS ARECONCILIATORS. IN YOURCASE, YOU ARE THEMEDIATOR.

WITHIN THREE (3)DAYS,YOU SHOULD ISSUE ANOTICE OF HEARING TO THECOMPLAINANT AND SUMMONTHE RESPONDENT BOTH OFWHOM SHOULD APPEAR INYOUR OFFICE.


WHAT IF ANY OF THE PARTIES FAILED TO APPEAR?

IF THE COMPLAINANT CANNOT APPEAR BEFORE YOUWITHOUT JUSTIFIABLE CAUSE, HIS/HERCOMPLAINT WILL BE DISMISSED ANDEVENTUALLY HE/SHE CANNOT FILE ACASE IN COURT. HE CAN ALSO BEPUNISHED/REPRIMANDED FORINDIRECT CONTEMPT. HOWEVER, IFTHE RESPONDENT CANNOT ALSO APPEAR WITHOUTJUSTIFIABLE CAUSE, HIS/HER COUNTERCLAIM IFTHERE IS ANY, WILL BE DISMISSED AND HE WILL BEBARRED FROM FILING IN COURT AND BE PUNISHEDFOR INDIRECT CONTEMPT OF COURT.




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 yourcomplaint.

This ________ day of ____________, 19____.


Notified this ________ day of __________, 19____.

complainant/s______________________________

KP FORM # 8: NOTICE OF HEARING

28 A HANDBOOK

THEIR CASE BUT YOU WILL HELP THEM RESOLVETHEIR CASE. AS MEDIATOR, YOU WILL LISTENTO THEM CAREFULLY AND HELP THEM FIND THE

WHAT IF BOTH OF THEM APPEAR? HOW WILL IRESOLVE THEIR CASES?

CORRECTION, YOU WILL NOT RESOLVE





________________________________________________________________

— against —

____________________________________ Respondent/s

S U M M O N S

TO: ____________________ _____________________________________________ _________________________Respondents

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

You are hereby warned that if you refuse or willfully fail to appear inobedience to this summons, you may be barred from filing any counterclaimarising from said complaint.

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

This _______ day of ____________, 19___.

_____________________________Punong Barangay/Pangkat Chairman

KP FORM # 9: SUMMON FOR THE RESPONDENT


SOLUTION WITHIN 15 DAYS. IF THE RESPONDENT DOES NOTAPPEAR, THE CASE WILL BE REFERRED TO THE PANGKATTAPAGPAGKASUNDO.

NOW, BEFORE I ASK FURTHER ON THE PANGKAT, ASTHE PUNONG BARANGAY, WHAT WILL I DO INHANDLING THEIR CASES PROPERLY?

BEFORE THE ACTUAL MEDIATION, ITIS NECESSARY FOR YOU TO KNOWTHE PARTIES INVOLVED AND THEIRDIFFERENCES.

OFFICER’S RETURN

I served this summons upon respondent ____________________________ onthe ______ day of ______________, 19____, and upon respondent___________________________ on the day of ________________, 19____,by:(Write name/s of respondent/s before mode by which he/they was/wereserved.)

Respondent/s__________________________ 1. handing to him/them said

summons in person, or__________________________ 2. handing to him/them said

summons and he/they refused toreceive it, or

__________________________ 3. leaving said summons at his/theirdwelling with __________ (name)a person of suitable age anddiscretion residing therein, or

__________________________ 4. leaving said summons at his/theiroffice/place of business with________, ( name) a competentperson in charge thereof.

_____________Officer

Received by Respondent/s representative/s:

___________________ __________________Signature Date

___________________ __________________Signature Date

KP FORM # 9: BACK PAGE

30 A HANDBOOK

IT SEEMSTO BE SOEASY…

IT IS A VERY TEDIOUSPROCESS THAT NEEDS AGREAT DEAL OF RESPECTAND LISTENING.

REMEMBER YOU ARE A NOT A JUDGEBUT A MEDIATOR…LET BOTH PARTIESFIND A SOLUTION TO THEIR DISPUTE.

YES, BUT IT SHOULD BEIN A LANGUAGE OR

DIALECTKNOWN TO

PARTIES.

SO IF THEY AGREED TO HAVESETTLEMENT, SHOULD WEPUT INTO WRITING THETERMS AND CONDITION OFTHEIR SETTLEMENT?

IT IS VERY IMPORTANT TO EXPLAIN THEPROCESS AND OBJECTIVES OF THEMEDIATION AND THE RULES TO BEOBSERVED DURING THE MEDIATION.

IT IS BETTER IF YOUCOULD START THEWHOLE PROCESS WITHA PRAYER… GIVE EACHPARTY TIME TOEXPLAIN THEIR SIDEWITHOUT INTERRUPTION FROM THEOTHER PARTY. ASK QUESTIONS ANDINVOLVE BOTH PARTIES IN LOOKINGFOR THE SOLUTION OF THEIR DISPUTES.

THEN, WHAT WILL I DO? IS THERE ASET OF RULES TO BE FOLLOWED?






________________________________________________________________

— against —

____________________________________ Respondent/s

AMICABLE SETTLEMENT

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

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

Complainant/s Respondent/s___________________ _____________________________________ __________________

ATTESTATION

I hereby certify that the foregoing amicable settlement was entered into by theparties freely and voluntarily, after I had explained to them the nature andconsequence of such settlement.______________________________Punong Barangay/Pangkat Chairman

KP FORM # 16: AMICABLE SETTLEMENT

HOW CAN WE BE ENSURED THAT THEAGREEMENT WILL BE COMPLIED?

AFTER 10 DAYS, THE SETTLEMENTWILL BE EXECUTORY AND IT HAS THEFORCE AND EFFECT OF A DECISION OFA COURT.

32 A HANDBOOK

IN THAT CASE, ANYPARTY CAN PROTEST THESETTLEMENT WITHIN10 DAYS. FORAFTER 10 DAYS,THE SETTLEMENTWILL TAKEEFFECT.

HE/SHE CANVOLUNTARYCOMPLY WITHTHE SETTLEMENTWITHIN 5 DAYS.HOWEVER, IF HE/SHEFAILS, THEN, WE CANTAKE HIS/HER PROPERTYAS PRESCRIBED BY LAW.WE CAN DISCUSS THATFURTHER LATER.

HOW CAN THERESPONDENTCOMPLY WITH

THE SETTLEMENT?

WHAT IF MY MEDIATIONFAILS AND NOSETTLEMENT IS EVERREACHED? IS THERE ANYWAY THAT THE PARTIESCAN SETTLE THEIRDISPUTES?

YES, OF COURSE. OURCULTURE PROVIDESQUITE A NUMBER OFWAYS OF RESOLVINGDISPUTES. ONE OFTHESE IS RESOLVINGTHROUGH A GROUP OFCONCILIATORS KNOWNAND RESPECTED BY BOTHPARTIES…IN THE CODE,WE CALL THIS PANGKATTAGAPAGKASUNDO.

WHAT IF ANY OFDISPUTANT WAS FORCEDTO COME UP WITH THE

SETTLEMENTTHROUGH FRAUD,THREAT ORINTIMIDATION?

CONCILIATION THROUGH THEPANGKAT TAGAPAGSUNDO

C H A P T E R T H R E E

KAP, WHAT IF, I HAVE DONEMY BEST IN MEDIATION YETTHE PARTIES HAVE NOT

COME TO AN AMICABLESETTLEMENT. CAN

THEY NOW ELE-VATE THE CASETO THECOURT?

NO! THE PARTIESSTILL HAVE TO GO TOTHE CONCILIATIONPROCEEDINGS.

MEDIATION AND CONCILIATIONPROCESSES ARE THE SAME EXCEPTMEDIATION IS DONE BY THE PUNONGBARANGAY WHIE THELATTER IS DONE BY THEPANGKAT HEADED BY ACHAIRPERSON. JUST LIKEMEDIATION,

WHAT IS THEPROCESS OFCONCILIATION?

YOU, AS THE PUNONG BARANGAY WILLCONSTITUTETHE PANGKAT NGTAGPAGSUNDOWITHIN 15 DAYSFROM THE LASTDAY OF THEMEDIATIONPROCEEDINGS.

BEFORE THAT, HOWDOES CONCILIATIONDIFFER FROMMEDIATION?

34 A HANDBOOK




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 theconstitution of the Pangkat ng Tagapagkasundo which shall conciliate yourdispute. Should you fail to agree on the Pangkat membership or to appear onthe aforesaid date for the constitution of the Pangkat, I shall determine themembership thereof by drawing lots.This ________ day of ____________, 19_____.

____________________Punong Barangay

Notified this _________ day of _________, 19_____.

TO: __________________ _____________________________________ ____________________Complainant/s Respondent/s

KP FORM # 10: NOTICE FOR CONSTITUTION OF PANGKAT

CONCILIATION IS MERELY INTERVENING BETWEEN TWO ORMORE CONTENDING PARTIES IN ORDER TO PREVENT OR PUT ANEND TO DISPUTE WITHOUT AN AGREEMENT TO ABIDE BY THEDECISION OF THE CONCILIATOR.

WHO CAN BE MEMBERS OF THE PANGKAT?

THE THREE MEMBERS SHALL COME FROMTHE LUPON AND WILL BE CHOSEN BYBOTH PARTIES , THE COMPLAINANT ANDTHE RESPONDENT.






________________________________________________________________

— against —

____________________________________Respondent/s

NOTICE TO CHOSEN PANGKAT MEMBER

(Date)

TO: ________________

Notice is hereby given that you have been chosen member of the Pangkat ngTagapagkasundo amicably conciliate the dispute between the par in the above-entitled case.____________________________Punong Barangay/Lupon Secretary

Received this ________ day of __________, 19_____.

________________Pangkat Member

KP FORM # 11: NOTICE TO CHOSEN PANGKAT MEMBER

WHAT IF THE PARTIES FAIL TO AGREE ON THEPANGKAT MEMBERSHIP?

YOU, AGAIN AS THE LUPON CHAIRPERSONWILL DETERMINE THE 3 MEMBERS BYDRAWING LOTS TO BEDISTRIBUTED TO THE

MEMBERS OF PANGKAT.

36 A HANDBOOK

HOW DO WE FILL VACANCY OF PANGKAT?

IF THE PANGKAT DECIDES TO DISQUALIFY ANY OF ITSMEMBERS, THE PARTIES SHOULD AGREE ON A COMMONCHOICE FOR THE REPLACEMENT. IF THEY FAIL TOAGREE, THE LUPON CHAIRPERSON SHALLFILL THE RESULTING VACANCY BYDRAWING OF LOTS. IN CASE OFVACANCY DUE TO OTHER CAUSES, THEPUNONG BARANGAY OR THE LUPONCHAIRPERSON SHALL IN ASIMILAR MANNER, FILLS SUCHVACANCY SHOULD THE PARTYFAIL TO AGREE ON ACOMMON CHOICE.

AFTER THE PANGKAT MEMBERS HAVE BEENCHOSEN, WHAT WILL THEY DO?

THEY SHALL ELECT FROM AMONGTHEMSELVES A CHAIRPERSONAND A SECRETARY. THE LUPONSECRETARY SHALL GIVE/TURNOVER ALL RECORDS OF THE CASETO THE PANGKAT SECRETARY FORTHE PANGKAT TO STUDY.

SIMILAR TO THE MEMBERSHIP OFLUPON, CAN WE ALSO DISQUALIFYUNFIT MEMBER/S OF THE PANGKAT?

RELATIONSHIP, BIAS, INTEREST OF OTHER SIMILARGROUNDS DISCOVERED AFTER THE CONSTITUTION OFPANGKAT CAN BE GROUNDS FOR DISQUALIFICATION OFPANGKAT MEMBER. THE PANGKAT SHALL RESOLVE THEMATTER BY A MAJORITY VOTE. ITS DECISION ON THISMATTER IS FINAL.


OH! THIS IS CLEARER TO ME NOW. BUT DURINGTHE FIRST MEETING, WHAT IS THE IMMEDIATEGOAL AND HOW DOES THE PANGKAT PROCEEDWITH ITS TASKS?

THE PANGKAT SHALL MEET TO HEAR BOTH PARTIES,EXPLORE POSSIBILITIES FOR AMICABLE SETTLEMENTWITHIN 15 DAYS WHICH CAN BE EXTENDED FORANOTHER 15 DAYS IN A MERITORIOUS CASE ANDISSUE SUBPOENA OF WITNESSES WHENEVER NECESSARY.





________________________________________________________________

— against —

____________________________________ Respondent/s

S U B P O E N A

TO: ____________________ _____________________________________________ _________________________

Witnesses

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

This ______ day of _________, 19____.

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

KP FORM # 13: SUBPOENA LETTER

38 A HANDBOOK

WHAT IF ANY OFTHE PARTY FAILSTO APPEAR BEFORETHE PANGKAT?

THE PANGKAT CHAIRPERSON SHALLSET A DATE FOR THE ABSENTPARTY OR PARTIES TOAPPEAR BEFORE HIM TOEXPLAIN THE REASONSFOR HIS/THEIR FAILURETO APPEAR AT THEHEARING.

WHAT IF IT WAS FOUND OUT THAT THEIR REASONS FOR NOTAPPEARING BEFORE THE PANGKAT WAS UNREASONABLE?

GOOD QUESTION; IF THE PANGKAT CHAIRPERSON FINDS AFTERHEARING THAT THE FAILURE TO APPEAR OF THE COMPLAINANTIS WITHOUT JUSTIFIABLE REASON, HE/SHE SHALL:

1. DISMISS THE COMPLAIN2. DIRECT THE ISSUANCE OF AND ATTEST TO

THE CERTIFICATION TO BAR THE FILINGOF ACTION IN COURT OR ANYGOVERNMENT OFFICES3. APPLY WITH THE LOCAL TRIAL COURT

FOR PUNISHMENT OF THE RECALCITRANTPARTY FOR THE INDIRECT CONTEMPT OFCOURT.

FOR THE RESPONDENT, ON THE OTHERHAND, THE PANGKAT SHALL:

1. DISMISS THE RESPONDENTSCOUNTERCLAIM






________________________________________________________________

— against —

____________________________________ Respondent/s

NOTICE OF HEARING(RE: FAILURE TO APPEAR)

TO: ________________ _______________

Complainant/s

You are hereby required to appear before me/the Pangkat on the ______ dayof _________, 19____, at ________ o’clock in the morning/afternoon toexplain why you failed to appear for mediation/conciliation scheduled on_____________, 19____ and why your complaint should not be dismissed, acertificate to bar the filing of your action on court/government office shouldnot be issued, and contempt proceedings should not be initiated in court forwillful failure or refusal to appear before the Punong Barangay/Pangkat ngTagapagkasundo.

This ________ day of ___________, 19____._____________________________

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

Notified this _________ day of ________, 19_____.

Complainant/s____________________________________

Respondent/s____________________________________

KP FORM # 18: NOTICE OF HEARING FOR COMPLAINANT

40 A HANDBOOK





________________________________________________________________

— against —

____________________________________ Respondent/s


TO: _______________ _______________

Respondent/s

You are hereby required to appear me/the Pangkat on the _______ day of____________, 19____, at __________ o’clock in the morning/afternoon toexplain why you failed to appear for mediation/conciliation scheduled on____________, 19___ and why your counterclaim (if any) arising from thecomplaint should not be dismissed, a certificate to bar the filing of saidcounterclaim in court/government office should not be issued, and contemptproceedings should not be initiated in court for willful failure or refusal toappear 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____.

Respondent/s: Complainant/s:____________________ __________________________________________ ______________________

KP FORM # 19: NOTICE OF HEARING FOR RESPONDENT


2. DIRECT THE ISSUANCE OF AND ATTEST TO THECERTIFICATION TO BAR THE FILING OF RESPONDENTCOUNTERCLAIM IN COURT OR GOVERNMENT OFFICE.

3. TO BAR THE FILING OF RESPONDENT COUNTERCLAIM INCOURT OR GOVERNMENT OFFICE

4. TO FILE COMPLAINANT‛S ACTION IN COURT OR ANYGOVERNMENT OFFICE AND FILL UP KP FORM 20





________________________________________________________________

— against —

____________________________________ Respondent/s

CERTIFICATION TO FILE ACTION

This is to certify that:1. There has been a personal confrontation between the parties before thePunong Barangay/Pangkat ng Tagapagkasundo;2. A settlement was reached;3. The settlement has been repudiated in a statement sworn to before thePunong Barangay by ______________ on ground of ______________; and4. Therefore, the corresponding complaint for the dispute may now be filed incourt/government office.

This _________ day of __________, 19____.

___________________Lupon Secretary

Attested:__________________Lupon Chairman

KP FORM # 20: CERTIFICATE TO FILE ACTION (FROM LUPONSECRETARY)

42 A HANDBOOK

THE PANGKAT CHAIRPERSON SHALL APPLY, INSIMILAR MANNER, FOR THE PUNISHMENT OF AWITNESS WHO WILLFULLY FAILS OR REFUSESTO APPEAR AS FOR INDIRECT CONTEMPT OFCOURT.





________________________________________________________________

— against —

____________________________________ Respondent/s


This is to certify that:1. There was a personal confrontation between the parties before the PunongBarangay but mediation failed;2. The Punong Barangay set the meeting of the parties for the constitution ofthe Pangkat;3. The respondent willfully failed or refused to appear without justifiablereason at the conciliation proceedings before the Pangkat; and4. Therefore, the corresponding complaint for the dispute may now be filed incourt/government office.

_________________Pangkat Secretary

Attested by:___________________ Pangkat Chairman

KP FORM # 22: CERTIFICATION TO FILE ACTION


WHAT HAPPENS NEXTIF THE PANGKAT ISSUCCESSFUL IN THECONCILIATION?

BUT YOU KNOW, KAP,THERE COULD REALLYBE CASES WHEREINTHE SUPPOSEDSETTLEMENT WASAFFECTED ADVERSELYBY FRAUD, VIOLENCE,INTIMIDATION, ETC?

AN AMICABLE SETTLEMENT SHALLBE PUT INTO WRITING IN ALANGUAGE OR DIALECT KNOWN TOTHEM, AND ATTESTED TO BY THELUPON CHAIRMAN OR THE PANGKATCHAIRMAN. IT HAS THE FORCE ANDEFFECT OF A FINAL JUDGMENT OFA COURT AFTER TEN (10) DAYSFROM THE DATE OF AMICABLESETTLEMENT WAS MADE, UNLESSA PROTEST OR REPUDIATION OFTHE SETTLEMENT IS MADE. THEPANGKAT SECRETARY SHALLPREPARE A TRANSMITTAL OFSETTLEMENT TO THE APPROPRIATECOURT AND FILLS UP ATRANSMITTAL FORM.

ANY OF THE INVOLVEDPARTIES CAN REPUDIATETHE SETTLEMENT WITHIN 10 DAYSFROM THE DATE OF THESETTLEMENT BY FILING WITH THELUPON CHAIRPERSON OR PANGKATA STATEMENT TO THAT EFFECTSWORN BEFORE HIM. FAILURE TOREPUDIATE THE SETTLEMENTWITHIN A TEN (10) DAY PERIODSHALL BE DEEMED A WAIVER OFTHE RIGHT TO CHALLENGE ON SAIDGROUNDS.

44 A HANDBOOK




OFFICE OF THE BARANGAY CAPTAIN

____________________, 20____Date

MONTHLY TRANSMITTAL OF FINAL REPORTS

To: City/Municipal Judge

______________________ (City/Municipality)

Enclosed herewith are the final reports of settlement of disputesand arbitration awards made by the Barangay Captain/PangkatTagapagkasundo in the following cases:

Barangay Case No. TITLE(Complainant, et al vs. Respondent, et al)

1.2.3.4.5.6.7.8.9.10.

___________________________ Lupon/Pangkat Secretary

Received this __________ day of _____________________, 20_____.

______________________________(Clerk of Court)

IMPORTANT: Lupon/Pangkat Secretary shall transmit not later than the firstfive days of each month the final reports for preceding month.

KP FORM # 28: MONTHLY TRANSMITTAL OF FINAL REPORTS


HOW CAN THE AMICABLE SETTLEMENT IN THEPANGKAT BE EXECUTED?

THE AMICABLE SETTLEMENT HAS THE FORCE AND EFFECTOF A FINAL JUDGMENT OF ACOURT UPON THE EXPIRATIONOF THE 10-DAY PERIOD OFREPUDIATION AND THIS MAYBE ENFORCED BY EXECUTIONBY THE LUPON WITHIN 6MONTHS FROM THE DATE OFSETTLEMENT. AFTER THE LAPSEOF SUCH TIME, THE SETTLEMENTMAY BE ENFORCED BY FILING AMOTION IN THE MUNICIPAL TRIAL COURT OF THE PLACEWHERE THE SETTLEMENT WAS MADE.

WHAT IF THERE WAS NO SETTLEMENTBETWEEN THE PARTIES, DESPITE ALLEFFORTS TO CONCILIATE?

A CERTIFICATION TO FILE ACTION, FORM NO. 21 SHALLBE FILLED UP, ATTESTING THAT NOCONCILIATION OR SETTLEMENT HAS BEENREACHED AS CERTIFIED BY THE PANGKATSECRETARY AND SIGNED BY THE PANGKATCHAIRMAN. THE CERTIFICATION TO FILEACTION SHALL BE SUBMITTED TO THE CORRESPONDINGCOURT OR GOVERNMENT OFFICE FOR FILING OF ANAPPROPRIATE CASE.

46 A HANDBOOK

I WONDER HOW THE SETTLEMENT CAN BE ACTUALLYEXECUTED?

THE DISPUTANT MUST FIRST FILE A MOTIONFOR EXECUTION WITH PUNONG BARANGAY.

THEN, THE PUNONG BARANGAY CONDUCTSHEARING ON THE DATE ASSIGNED BY THE MOVANT. DATESHALL NOT BE LATER THAN 5 DAYS FROM THE FILING OFMOTION.





________________________________________________________________

— against —

____________________________________ Respondent/s


This is to certify that:1. There has been a personal confrontation between the parties before thePunong Barangay but mediation failed;2. The Pangkat ng Tagapagkasundo was constituted but the personalconfrontation before the Pangkat likewise did not result into a settlement; and3. Therefore, the corresponding complaint for the dispute may now be filed incourt/government office.This _________ day of _________, 19_____.


Attested by:____________________Pangkat Chairman

KP FORM # 21: CERTIFICATION TO FILE ACTION (FROM PANGKATSECRETARY)


DURING THE HEARING, THE PUNONG BARANGAY SHALLASCERTAIN THE FACTS FOR THE NON-COMPLIANCE OFSETTLEMENT AND STRONGLY ENCOURAGE THE PARTY OBLIGEDTO COMPLY WITH SETTLEMENT.

AFTER THE LAPSE OF FIVE (5) DAYS WITH NO VOLUNTARYCOMPLIANCE, THE PUNONG BARANGAY SHALL ISSUE A NOTICEOF EXECUTION.





________________________________________________________________

— against —

____________________________________ Respondent/s

MOTION FOR EXECUTION

Complainant/s/Respondent/s state as follows:1. On _____________ (Date) the parties in this case signed an amicablesettlement/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 withoutany of the parties filing a sworn statement of repudiation of the settlementbefore the Lupon Chairman a petition for nullification of the arbitration awardin court; and3. The amicable settlement/arbitration award is now final and executory.WHEREFORE, Complainant/s/Respondent/s request that the correspondingwrit of execution be issued by the Lupon Chairman in this case.

_______________ (Date)_______________________Complainant/s/Respondent/s

KP FORM # 25: MOTION FOR EXECUTION

48 A HANDBOOK





________________________________________________________________

— against —

____________________________________ Respondent/s

NOTICE OF EXECUTION

WHEREAS, on ______________(date), an amicable settlement was signed bythe parties in the above-entitled case [or an arbitration award was rendered bythe Punong Barangay/Pangkat ng Tagapagkasundo];WHEREAS, the terms and conditions of the settlement, the dispositive portionof the award. read:__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________The said settlement/award is now final and executory;

WHEREAS, the party obliged ________________ (name) has not compliedvoluntarily with the aforestated amicable settlement/arbitration award, withinthe period of five (5) days from the date of hearing on the motion forexecution;NOW, THEREFORE, in behalf of the Lupong Tagapamayapa and by virtue ofthe powers vested in me and the Lupon by the Katarungang Pambarangay Lawand 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 saidamicable settlement [or adjudged in the said arbitration award], unlessvoluntary compliance of said settlement or award shall have been made uponreceipt hereof.Signed this _________ day of ___________, 19____.

___________________Punong Barangay

Copy furnished:____________________ _______________________________________ ___________________Complainant/s Respondent/s

KP FORM # 27: NOTICE OF EXECUTION


IF PROPERTY IS LOCATED IN THE BARANGAY, THEPUNONG BARANGAY SHALL OUST FROMTHE PROPERTY THE PERSON AGAINSTWHOM THE AMICABLE SETTLEMENT ORARBITRATION AWARD IS RENDEREDAND PLACE THE PARTY ENTITLED INPOSSESSION. IF THE PROPERTY ISOUTSIDE THE BARANGAY, BUTWITHIN THE SAME CITY/MUNICIPALITY, THE PUNONGBARANGAY SHALL AUTHORIZE OTHERPUNONG BARANGAY TO TAKEPOSSESSION AND ACT INACCORDANCE WITH THE PRECEDINGPARAGRAPH. CONVEYANCE OF LAND,DELIVERY OF DEEDS OR OTHER DOCUMENTS, ORPERFORMANCE OF ANY SPECIFIC ACT. THEPUNONG BARANGAY MAY DIRECT THE SECRETARYTO PERFORM THE ACT AT THE COST OF THEDISOBEDIENT PARTY. COSTS WILL BE CHARGEDTO THE DISOBEDIENT PARTY.

WITHIN 6 MONTHS FROM THE DATE OF THE SETTLEMENT, THELUPON THROUGH THE PUNONG BARANGAY EXECUTES THE

SETTLEMENT.

BY THE WAY, THE ACTUAL EXECUTION MAYBE IN FORM OF MONEY. BUT IN CASE OF

FAILURE TO COMPLY VOLUNTARILY WITHTHE SETTLEMENT, THE PUNONGBARANGAY SHALL TAKE POSSESSION OFSUFFICIENT PERSONAL PROPERTY OF THE

PARTY OBLIGED. THE PROPERTY CAN BE SOLD AND THEPROCEEDS APPLIED TO THE AMOUNT.

HOW CAN THE PROPERTY BE DELIVERED ORRESTITUTED?

50 A HANDBOOK

HOW CAN THE SALE OF PERSONAL PROPERTIES HAPPEN?

A NOTICE OF SALE SHALL BE POSTED IN 3PUBLIC PLACES. FOR PERISHABLE GOODSIMMEDIATELY UPON TAKING POSSESSION, THESALE SHOULD TAKE PLACE WITHIN 24 HOURS.FOR OTHER GOODS IMMEDIATELY UPON TAKINGPOSSESSION, THE GOODS MUST BE SOLDWITHIN 5 TO 10 DAYS.

THEN, A PUBLIC AUCTION OF GOODS SHOULD BE DONEBETWEEN 8 AM TO 5 PM AND THE OWNER MAY DIRECT THEORDER OF THE SALES. THE PUNONG BARANGAY, SECRETARY ORANY LUPON MEMBER MAY NOT TAKE PART IN THE SALE.

THE PREVAILING PARTY IS THEN PAID AN AMOUNTCORRESPONDING TO THE OBLIGATION. EXCESS PROCEEDS ARERETURNED TO THE PARTY OBLIGED. IF THE PREVAILING PARTYIS A BUYER, S/HE SHALL ONLY PAY THE EXCESS OF THEOBLIGATION TO THE PARTY OBLIGED.

ARE THE PROPERTIESSUBJECTED FOR

EXECUTION?

NO, THERE AREPROPERTIESEXEMPTED FOREXECUTION.


PROPERTIES EXEMPTED FROM EXECUTION

NOT ALL PROPERTIES MAY BE SOLD AT AN AUCTION. THE

FOLLOWING ARE EXEMPT:

1. THE DEBTOR’S FAMILY HOME.2. TOOLS AND IMPLEMENTS NECESSARILY USED BY HIM/

HER IN HIS TRADE OR EMPLOYMENT.3. 2 HORSES, OR 2 COWS OR 2 CARABAOS OR OTHER

BEASTS OF BURDEN SUCH AS THE DEBTOR MAY SELECT

AND ARE NECESSARILY USED BY HIM/HER IN HIS/HER

ORDINARY OCCUPATION.4. NECESSARY CLOTHING FOR DEBTOR AND FAMILY.5. HOUSEHOLD FURNITURE AND UTENSILS NECESSARY FOR

HOUSEKEEPING.6. PROVISIONS FOR INDIVIDUAL OR FAMILY USE SUFFICIENT

FOR FOUR MONTHS.7. PROFESSIONAL LIBRARIES OF ATTORNEYS, JUDGES,

PHYSICIANS, PHARMACISTS, DENTISTS, ENGINEERS,SURVEYORS, CLERGYMEN, TEACHERS AND OTHER

PROFESSIONALS.8. ONE FISHING BOAT, NET AND OTHER FISHING

PARAPHERNALIA OF THE PARTY WHO IS A FISHERFOLK

BY THE LAWFUL USE OF WHICH S/HE EARNS ALIVELIHOOD.

9. SO MUCH OF THE EARNINGS OF THE PARTY OBLIGED

FOR HIS/HER PERSONAL SERVICES WITHIN THE MONTH

PRECEDING THE LEVY AS ARE NECESSARY FOR HIS/HER

FAMILY’S SUPPORT.10. ALL MONEYS, BENEFITS, PRIVILEGES OR ANNUITIES,

ACCRUING IN ANY MANNER OR GROWING OUT OF ANY

LIFE INSURANCE NOT EXCEED P100,000.0011. THE RIGHT TO RECEIVE LEGAL SUPPORT OR MONEY OR

PROPERTY OBTAINED AS SUCH SUPPORT OR ANY

PENSION OR GRATUITY FROM THE GOVERNMENT, AND

12. COPYRIGHTS AND OTHER PROPERTIES ESPECIALLY

EXEMPTED BY LAW.

ARBITRATION

C H A P T E R F O U R

THANK YOU. WHAT ISTHE MEANING OFARBITRATIONAGAIN?

ARBITRATION IS ANOTHERWAY OF SETTLING DISPUTES

WHEREIN THE PARTIESAGREE TO BE BOUND BY

A DECISION OF ATHIRD PERSON

OR BODY INPLACE OF A REGULARLY

ORGANIZED TRIBUNAL.

WHAT IS THISARBITRATION? I‛MLEARNING A LOT OFEXCITING THINGS.

CELIA, PUBLIC SERVICE ISAT TIMES EXHAUSTING BUT CANBE VERY REWARDING, TOO.WOULD YOU CARE FOR ANOTHERGLASS OF COFFEE? MYWIFE HAS PREPAREDSOME MERIENDA OFSWEET POTATOESAND SABA.

NOW, I HAVE EXPLAINED ALREADY TO YOU THE TWO WAYS OFRESOLVING CONFLICTS IN YOUR BARANGAY, FIRST, THROUGHMEDIATION THROUGH YOUR OFFICE AND SECOND, THROUGH

CONCILIATION THROUGH THE PANGKAT. AT ANYLEVEL OF THESE TWO PROCESSES COMES ANOTHER

WAY OF RESOLVING CASES UNDER YOURJURISDICTION, THE PROCESS OF ARBITRATION.


SPECIFICALLY, WHAT ARE THE STEPS THAT TAKEPLACE IN ARBITRATION?

FIRST IS THE FILING OF THE COMPLAINT WITHTHE OFFICE OF THE PUNONG BARANGAY AND PAYMENT OF THE

ARBITRATION CAN TAKE PLACE AT ANYSTAGE OF THE PROCEEDINGS AS LONG ASBOTH PARTIES AGREE IN WRITING TO ABIDE

BY THE ARBITRATION AWARD OF THE LUPON OR THEPANGKAT. IN OTHER WORDS, EITHER THE LUPONCHAIRPERSON OR PUNONG BARANGAY OR THE PANGKATCHAIRPERSON CAN ACT AS AN ARBITRATOR.

IN MEDIATION OR CONCILIATION, THE LUPONCHAIRPERSON OR PANGKAT SIMPLY ASSISTS THEPARTIES IN DEFINING ISSUES AND EXPLORINGSOLUTIONS TO DEVELOP A MUTUALLY ACCEPTEDSETTLEMENT. IN ARBITRATION, THE LUPONCHAIRPERSON OR PANGKAT IS GIVEN THE POWER TO

RENDER DECISIONS ON THE DISPUTE WITHA PRIOR AGREEMENT OF THE PARTIES TOBE BOUND BY IT. THE PARTIES SHALLPRESENT EVIDENCE AS TO THE FACTS

AND MERITS OF THE CASE TO THEARBITRATOR.

ON THE BASIS OF THESE FACTS,THE ARBITRATOR MAKES ADECISION, ON WHAT HE/SHEBELIEVES TO BE FAIR OR JUST. INTHIS CASE, THE ARBITRATOR MUSTBE NEUTRAL AND IMPARTIAL INMAKING THE DECISION WHICH MUST

ALSO BE SUITABLE TO THE DISPUTING PARTIES.

WHEN WILL THIS ARBITRATION TAKE PLACE?

54 A HANDBOOK

FILING FEE BY THE COMPLAINANT. BUT IF THE PARTIES AGREETO SUBMIT THEMSELVES TO THE ARBITRATION

PROCESS AT ANY STAGE OF MEDIATION ANDCONCILIATION, THE CONDUCT OF ANARBITRATION HEARING CAN TAKE PLACEIMMEDIATELY.

AFTER FILLING UP THIS AGREEMENT OFARBITRATION, THE PARTIES ARE GIVEN FIVE (5)DAYS TO WITHDRAW FROM SUCH AN

AGREEMENT BY FILLING UP A SWORNSTATEMENT STATING HIS/HER REASONSTHAT SUCH AGREEMENT WAS OBTAINEDTHROUGH FRAUD, VIOLENCE AND

INTIMIDATION (IF THIS IS THE CASE).

IF THAT IS HOW ANY OF THE PARTY PERCEIVEDTHE CASE TO BE, THEN IT FOLLOWS THATTHERE IS NO USE TO PROCEED WITH THE CASEIN THE LUPON.

EXACTLY, AND YOU NEED TOFORWARD THE CASE TO COURT BYISSUING A CERTIFICATE TO FILE

ACTION AND LET THECOMPLAINANT BRING

HIS/HER CASE TO THECOURT.

BUT WHAT IFTHERE WILL BENO REPUDIATION?

THEN YOU CAN PROCEED TO HEARING THEIRCASE. FIRST YOU NEED TO SET THE HEARING ANDTHE PARTIES SHOULD BE OFFICIALLY NOTIFIED

OF THE HEARING THROUGH A NOTICE OFHEARING AND SUMMON.


WHAT IF ANY OF THE PARTIES FAIL TO APPEAR?CAN WE APPLY THE SAME PROCEDURE INMEDIATION OR CONCILIATION FOR THEUNREASONABLE NEGLECT OF THE COMPLAINANTAND RESPONDENT?

YES, KAPITANA. IF THE COMPLAINANT‛S ABSENCE WAS FOUNDTO BE WILLFUL AND NOT JUSTIFIED, THE COMPLAINT IS





________________________________________________________________

— against —

____________________________________ Respondent/s

AGREEMENT FOR ARBITRATION

We hereby agree to submit our dispute for arbitration to the Punong Barangay/Pangkat ng Tagapagkasundo (Please cross out whichever is not applicable)and bind ourselves to comply with the award that may be rendered thereon.We have made this agreement freely with a full understanding of its nature andconsequences.Entered into this _____ day of _________, 19____.


ATTESTATIONI hereby certify that the foregoing Agreement for Arbitration was entered intoby the parties freely and voluntarily, after I had explained to them the natureand the consequences of such agreement.

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

KP FORM # 14: AGREEMENT FOR ARBITRATION

56 A HANDBOOK

OUTRIGHTLY DISMISSED AND SHALL BE BARRED FROM FILINGACTION IN COURT. ON THE OTHER HAND, IF THERESPONDENT‛S ABSENCE IS FOUND TO BE ALSO WILLFUL ANDUNJUSTIFIED, THEN YOU CAN ISSUE A CERTIFICATE TO FILEACTION AND CERTIFICATE TO BAR COUNTERCLAIM IN FAVOROF THE COMPLAINANT.

ARBITRATION PROCESS

STEP 1. THE ARBITER ORDERS

ITS SECRETARY TO CALL

THE CASE;

STEP 2. THE SECRETARY IDENTIFIES AND ENTER INTO

RECORD ALL APPEARANCES FROM BOTH PARTIES;

STEP 3. THE ARBITER CALLS THE COMPLAINANT TO

PRESENT HIS/HER CASE TOGETHER WITH HIS/HER

EVIDENCE;

NOTE: ANY 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.

STEP 4. WHEN A WITNESS IS NECESSARY, HE/SHE ISSUMMONED TO TESTIFY BEFORE THE PROCEEDING

(USING KP FORM 13)

STEP 5. THE ARBITER CALLS THE RESPONDENT TO PRESENT

HIS/HER DEFENSE; PRESENT EVIDENCES AND

WITNESSES; IN THE MANNER AFFORDED TO THE

COMPLAINT/S;

STEP 6. AFTER THE PARTIES HAVE COMPLETED THEIR

PRESENTATION, THE CASE IS CLOSED FOR

RESOLUTION/DECISION. (AT THIS STAGE,ADJUDICATIVE TRIAL IS COMPLETED)


IN A WAY, YES. AS ANARBITER, YOU SHALL THENCONDUCT THE HEARING IN THEORDER OF A COURT ORADJUDICATIVE TRIAL.

IN AN ARBITRATION HEARING, THECOMPLAINANT AND RESPONDENTWILL PRESENT THEIR RESPECTIVECASE AND SUBMIT ALL THEIRNECESSARY EVIDENCE.

WHAT IF BOTH PARTIES ARE PRESENT? HOW SHALLI CONDUCT THE ARBITRATION? IT SEEMS THAT ILOOK LIKE A JUDGE THIS TIME…

THE LUPON CHAIRPERSON OR THE PANGKAT WILL THENISSUE A RESOLUTION BASED ON THE MERITS OF THE CASE,TESTIMONY OF THE WITNESSES AND THE EVIDENCEPRESENTED.

YES, THIS ARBITRATION ISJUST LIKE AN AMICABLESETTLEMENT PUT INTOWRITING IN A LANGUAGEOR DIALECT KNOWN TOBOTH PARTIES AND ATTES-TED TO BY THE LUPON ORPANGKAT CHAIRPERSON.

IS THIS WHATTHEY CALL THEARBITRATIONAWARD?

58 A HANDBOOK





________________________________________________________________

— against —

____________________________________ Respondent/s

ARBITRATION AWARD

After hearing the testimonies given and careful examination of the evidencepresented 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 PangkatChairman, and by the Lupon Secretary if the award is made by the PunongBarangay.

KP FORM # 15: ARBITRATION AWARD


AND SHALL MYDECISIONTAKE EFFECTIMMEDIATELY?

OUR LAWS SAYS THAT THEPARTIES ARE GIVEN TEN (10)DAYS TO NULLIFY THE DECISION.AFTER 10 DAYS, YOUR DECISION

BECOMES FINAL ANDEXECUTORY.

HOW CAN THE AWARD OR DECISION BE EXECUTED?

IN THE SAME MANNER THAT MEDIATION OR CONCILIATIONSETTLEMENT ARE EXECUTED. ARE MY EXPLANATIONS CLEAR SOFAR? PLEASE DON‛T HESITATE TO ASK OR CLARIFY THINGSTHAT ARE NOT QUITE CLEAR. PLEASE PARDON INADEQUACIESIN MY EXPLANATION, IF ANY.

OH, NOW I REALIZE HOW CHALLENGING YET EXCITING IT ISTO BE A PUNONG BARANGAY…THANKS TO YOU KAPITAN. YOUHAVE ENLIGHTENED ME IN MY ROLE IN THE LUPONGTAGAPAMAYAPA . BUT WHAT ABOUT IN MUSLIMS ANDINDIGENOUS CULTURAL COMMUNITIES?CAN THIS KATARUNGANG PAMBARANGAYAPPLY TO THEM?

HOW MUCH TIME IS GIVEN TO ME TO HANDDOWN THE DECISION?

YOU SHALL BE GIVEN FIFTEEN 15 DAYSBUT NOT EARLIER THAN SIX (6) DAYS FROM THEDATE OF THE LAST HEARING, TO EVALUATE ANDISSUE THE ARBITRATION AWARD AND AFTER THAT WITHINFIVE (5) DAYS, YOUR SECRETARY SHALL FURNISH A COPY OFTHE ARBITRATION AWARD TO THE PARTIES; KEEP A FILE ATTHE LUPON OFFICE AND BE SURE TO FURNISH A COPY TO THECITY/MUNICIPALITY COURT.

INDIGENOUS MODESOF DISPUTE RESOLUTION

C H A P T E R F I V E

IN BARANGAYS, WHERE THEMAJORITY ARE FROM INDI-GENOUS CULTURAL COMMUN-ITIES, THE LOCAL SYSTEMSOF SETTLING DISPUTESAPPLY TO THEM THROUGHTHEIR COUNCILS OF TRIBALELDERS OR SOME OTHERFORM OF TRADITIONALMECHANISM. HOWEVER, INMUSLIM-DOMINATED BAR-ANGAYS, THE LAWS OFSHARIAH APPLIES TO THEM.THIS IS RECOGNIZED BY THELOCAL GOVERNMENT CODE.WHAT ARE THE

REQUIREMENTSNEEDED?

WELL, THEPROVINCIAL

OFFICE OF THE NATIONAL STATISTICS OFFICE(NSO) SHOULD CERTIFY THAT THE MAJORITYOF THE INHABITANTS OF THE BARANGAYBELONG TO THE INDIGENOUS CULTURAL

COMMUNITIES. OF COURSE, THEY SHOULD NOT FORGETTO REGISTER THE NAMES OF THEIR RECOGNIZED DATUOR ELDERS WITH THE OFFICE OF THE MAYOR IN THERESPECTIVE CITY OR MUNICIPALITY. LASTLY, THE ELDERSOR DATUS MUST CERTIFY THE INDIGENOUS SYSTEM OFSETTLING DISPUTES BY THEIR RESPECTIVE COUNCILS OFDATUS, TRIBAL LEADERS OR LEADERS.

KAP, SOME AREAS IN MYBARANGAY ARE PREDOMI-NANTLY INHABITED BYMUSLIMS OR MOROPEOPLE, AND OTHERS BY

INDIGENOUSPEOPLE. WILL

I APPLYTHE SAMELAW TOTHEM?


THEN THAT IS THE TIMEWHEN THE SETTLEMENTPROCEEDINGS PROVIDEDFOR BY THE KATARUNGANG

PAMBARANGAY SHALLBE APPLIED.

WHAT IF THEY CANNOTMUTUALLY AGREE ON THESUBMISSION OF THEDISPUTE WITH THEINDIGENOUS SYSTEM OFAMICABLE SETTLEMENT?

WHAT IF ONLY ONE OFTHE DISPUTANT BELONGSTO ANOTHER TRIBALCOMMUNITY, HOW CANWE SETTLE THIS?

THEN, THE PARTIES MUSTAGREE UPON THE INDI-GENOUS SYSTEM THEYWOULD SUBMIT THEM-SELVES TO FOR AMICABLESETTLEMENT.

WHAT IF THE DISPUTE IS SETTLED SUCCESSFULLYTHROUGH THE LOCAL INDIGENOUS SYSTEM, DOES THETRIBAL COUNCIL NEED TO INFORM ME?

PRECISELY, THE TRIBAL COUNCIL NEEDSTO TRANSMIT A COPY OF THESETTLEMENT DULY ATTESTED TO BY THETRIBAL COUNCIL LEADERS TO THEPUNONG BARANGAY OF THE PLACE WHERETHE DISPUTE HAS BEEN SETTLED.

62 A HANDBOOK

DOES THE SETTLEMENT HAVE THE SAME FORCE ANDEFFECT OF AN AMICABLE SETTLEMENT WITHKATARUNGANG PAMBARANGAY?

YES, THAT IS RIGHT. THE ATTESTEDSETTLEMENT UNDER THE LOCAL INDIGENOUS

SYSTEM SHALL HAVE THE SAME FORCE ANDEFFECT AS SETTLEMENT ARRIVED ATTHROUGH THE PROCEDURES UNDER THEKATARUNGANG PAMBARANGAY LAW.

JUST LIKE THE SETTLEMENTOR ARBITRATION AWARD,THE SETTLEMENT CAN BEREPUDIATED WITHIN THESAME PERIOD AND THE SAMEGROUNDS PROVIDED BY THEKATARUNGANG PAMBARANGAYLAW.

THE COUNCIL WILL STILLISSUE A CERTIFICATE THATA SETTLEMENT HAS FAILEDAND TRANSMIT THE SAMETO THE PUNONG BARANGAY.

THE LUPON SECRETARY SHALLKEEP A FILE OF THEATTESTED SETTLEMENT ANDCERTIFICATES OF NON-SETTLEMENT TRANSMITTEDTO THE PUNONG BARANGAYAND TRANSMIT EACH TO THEPROPER LOCAL COURT.

WHAT IF ONE OF THEPARTIES IS NOT SATISFIEDWITH THE SETTLEMENT

MADE?

WHAT IF THE PARTIESFAILED TO ARRIVE AT ANAMICABLE SETTLEMENTUNDER THE LOCALINDIGENOUS SYSTEM?

SO WHAT ARE THE DUTIESOF LUPON SECRETARY WITHRESPECT TO THE ATTESTEDSETTLEMENT ANDCERTIFICATE OF NON-SETTLEMENT UNDER THELOCAL INDIGENOUSSETTLEMENT SYSTEM?


SO CAN A MEMBER OFTHE ICC/IP FILEDIRECTLY WITH THENCIP?

NO. THE LAW PROVIDES THATALL REMEDIES PROVIDED BY THECUSTOMARY LAWS MUST BEEXHAUSTED FIRST BEFORE THEDISPUTE SHALL BE

BROUGHT BEFORETHE NCIP.

BY THE WAY, WITH THEENACTMENT OF THEINDIGENOUS PEOPLE‛SRIGHTS ACT (IPRA) OF 1998,HAS THIS PROCEDURE BEENAMENDED?

BUT ARE THERE OTHERMECHANISMS ORSTRUCTURES PROVIDED BYTHE IPRA LAW TO RESOLVEDISPUTES?

NO, IPRA EVEN RECOGNIZESTHAT THE INDIGENOUSPEOPLES HAVE THE RIGHT TOUSE THEIR OWN ACCEPTEDJUSTICE SYSTEMS, CONFLICTRESOLUTION INSTITUTIONS,PEACE-BUILDINGPROCESSES ORMECHANISMSAND OTHERCUSTOMARYLAWS AND PRACTICESWITHIN THEIR RESPECTIVECOMMUNITIES.

ASIDE FROM THE CUSTOMARYLAWS AND TRADITIONS, THENATIONAL COMMISSION ONINDIGENOUS PEOPLES (NCIP)ALSO HAS JURISDICTIONOVER DISPUTES WHICHINVOLVE THE RIGHTS OFTHE INDIGENOUS CULTURALCOMMUNITIES/INDIGENOUSPEOPLES (ICCS/IPS).

64 A HANDBOOK

WHAT HAPPENS IFNO SUCCESSFULDISPUTESETTLEMENT HASBEEN MADE?

WHERE THE PARTIES FAIL TO SETTLETHEIR DISPUTES, THE MEMBERS OFTHE INDIGENOUS DISPUTESETTLEMENT GROUP OR COUNCIL OFELDERS, DATUS, TRIBAL LEADERS OR

SIMILAR LEADERS SHALL ISSUE ACERTIFICATION TO THE EFFECTTHAT ALL DILIGENT EFFORTS FORSETTLEMENT UNDER CUSTOMARY

PRACTICES FAILED. ACERTIFICATION TO FILE ACTIONBEFORE THE NCIP MAY ALSO BEISSUED BY THE SAME GROUP

UPON REQUEST OF THE PROPER PARTY.

HOW WILL THE NCIP KNOW THAT THE DISPUTESUBMITTED BEFORE THEM HAS EXHAUSTED ALLREMEDIES PROVIDED FOR BY THE IP CUSTOMARYLAWS?

A CERTIFICATION ISSUED BY THE COUNCIL OF ELDERS, DATUS,TRIBAL LEADERS OR SIMILAR LEADERS WHO PARTICIPATED INTHE ATTEMPT TO SETTLE THE DISPUTE SHALL BEPRESENTED STATING THAT SETTLEMENT HASFAILED BETWEEN OR AMONG THE PARTIES TO THEDISPUTE. THIS CERTIFICATION SHALL BE ACONDITION PRECEDENT TO THE FILING OF APETITION WITH THE NCIP.

WHAT IS THE EFFECT OF A DISPUTE BEING SETTLED ATTHIS LEVEL?

SIMILAR TO THAT WHICH IS PROVIDED BY THE LGC,SETTLEMENT OF DISPUTES SHALL HAVE THE SAMEFORCE AS SETTLEMENT ARRIVED AT OR DECISIONPROMULGATED IN ACCORDANCE TO THE NCIP RULES.


IS THERE A REQUIRED FORM FOR THE SAID CERTIFICATION?

NONE, THE CERTIFICATION MAY BE IN ANY FORM SO LONG ASIT STATES IN SUBSTANCE THE FAILURE OF SETTLEMENTNOTWITHSTANDING THE EFFORTS MADE UNDER CUSTOMARYLAWS OR TRADITIONAL PRACTICES. THIS IS ALLOWED INGIVING DUE REGARD TO CUSTOMARY LAWS.

THE FAILURE OF ANY PARTYTO SUBMIT THECERTIFICATION FROM THECOUNCIL OF DATUS,ELDERS, TRIBAL LEADERSOR SIMILAR LEADERS SHALLBE A GROUND FOR THEDISMISSAL OF ACTION,WHICH SHALL BE WITHOUTPREJUDICE TO THE RE-FILING OF THE CASE.

WHAT IF NOCERTIFICATIONFROM THE INDI-GENOUS DISPUTESETTLEMENTGROUP IS SUB-MITTED TO NCIP?

1. WHERE ONE OF THE PARTIES IS A PUBLIC OR PRIVATECORPORATION, PARTNERSHIP, ASSOCIATION ORJURIDICAL PERSON OR A PUBLIC OFFICER OR EMPLOYEEAND THE DISPUTE IS IN CONNECTION WITH THEPERFORMANCE OF HIS OFFICIAL FUNCTIONS;

ARE THE ANY EXCEPTIONS WHERE A CERTIFICATION SHALLNOT BE REQUIRED?

YES, A CERTIFICATION SHALL NOT BE REQUIRED IN THEFOLLOWING:

66 A HANDBOOK

2. WHERE ONE OF THE PARTIES IS A NOT A MEMBEROF THE TRIBAL COMMUNITY OR DOES BELONG TO THESAME INDIGENOUS CULTURAL COMMUNITY EXCEPTWHEN HE VOLUNTARILY SUBMITS TO THEJURISDICTION OF THE COUNCIL OF ELDERS/LEADERS;

3. WHERE THE RELIEF SOUGHT FOR IN THE COMPLAINTOR PETITION SEEKS TO PREVENT ANY GRAVE,IMMINENT AND IRREPARABLE DAMAGE OR INJURYTHAT MAY RESULT IF NOT ACTED IMMEDIATELY; AND

4. WHERE THE COUNCIL OF ELDERS/LEADERS REFUSE TOISSUE THE NECESSARY CERTIFICATION WITHOUTJUSTIFIABLE REASONS.

ARE ALL THESE PROVISIONS OF THE LOCALGOVERNMENT CODE OF 1991 AND THE

INDIGENOUS PEOPLES RIGHTS ACT OF 1998ON INDIGENOUS MODES OF DISPUTESETTLEMENT APPLICABLE IN THEAUTONOMOUS REGION IN MUSLIM

MINDANAO?

APPARENTLY, THE LOCAL GOVERNMENT CODEOF THE ARMM HAS A SIMILAR LGCPROVISION OF CONCILIATION AMONGMEMBERS OF THE INDIGENOUS CULTURALCOMMUNITIES WHICH PROVIDES THAT THECUSTOMS AND TRADITIONS OF ICCS SHALLBE APPLIED IN SETTLING DISPUTES BETWEENMEMBERS OF THE ICCS. THE REGIONALLEGISLATIVE ASSEMBLY ALSO HAS ENACTEDA RESOLUTION ADOPTING THE IPRA AS THEFRAMEWORK FOR THE RECOGNITION OF THERIGHTS OF IPS IN THE REGION.


HOW HAS THE INDIGENOUS MODE OF DISPUTESETTLEMENT IN THE ARMM TAKEN FORM?

IT HAS TAKEN DIFFERENT FORMS DEPENDING ON THECOMMUNITY PRACTICE OF THE INDIGENOUS JUSTICESTRUCTURE. IN THE MUNICIPALITY OF UPI, THE LOCALGOVERNMENT UNIT RECOGNIZED THE EXISTENCE OFTHREE (3) DIFFERENT TRIBAL OR ETHNO-LINGUISTICGROUPINGS OF MUSLIMS, TEDURAYS AND THECHRISTIAN SETTLERS. FROM THIS TRI-PEOPLE CONCEPT

AROSE A DISTINCTINDIGENOUS DISPUTESETTLEMENT GROUP ATTHE MUNICIPAL LEVELCALLED THE MAYOR‛SCOUNCIL. ITSMEMBERSHIP COMES FROMA REPRESENTATIVE GROUP

OF THE RESPECTIVE TRIBE‛S LEADERS OF KNOWNLEADERSHIP AND INTEGRITY. IT WAS CREATED TO HELPTHE KATARUNGANG PAMBARANGAY SYSTEM IN DISPUTESETTLEMENT.

IN OTHER AREAS OF THE ARMM WHERE MOST OFTHE INHABITANTS ARE MUSLIMS, HOW DID THEINDIGENOUS DISPUTE SETTLEMENT STRUCTURETAKE FORM?

THE INDIGENOUS DISPUTE SETTLEMENT GROUPFROM ONE LOCAL GOVERNMENT UNIT TO ANOTHER HASEVOLVED DISTINCTLY. THE MORE COMMON STRUCTURE TOOKITS FORM FROM THE TRADITIONAL LEADERSHIP STRUCTUREOF SULTANANTES, DATUSHIPS, AND OTHER ISLAMIC AND PRE-ISLAMIC INSTITUTIONS. HOWEVER, THE PRESENT-DAYDISPUTE SETTLEMENT GROUPS HAVE BEEN INSPIRED FROMINTERFACING THE TRADITIONAL JUSTICE STRUCTURES WITHTHE LGU-MANDATED BODIES SUCH AS THE PEACE AND ORDER

68 A HANDBOOK

COUNCIL, THE KATARUNGANG PAMBARANGAY SYSTEM ANDEVEN A PROVINCIALLY-CREATED TASK FORCE KALILINTAD.

ARE THESE LOCAL DISPUTE SETTLEMENT STRUCTURESOR MECHANISMS EXISTING IN THE ARMM PRESCRIBEDFOR BY OUR NATIONAL LEGAL FRAMEWORK?

YES, THE 1987 CONSTITUTION RECOGNIZESAND PROMOTES THE RIGHTS OF INDIGENOUSCULTURAL COMMUNITIES WITHIN THEFRAMEWORK OF NATIONAL UNITY ANDDEVELOPMENT. IT HAS ALSO PROVIDED FOR THEENACTMENT OF AN ORGANIC ACT FOR THE ARMM. THEENACTED ORGANIC ACT HAS RECOGNIZED, PROTECTEDAND GUARANTEED THE FREE EXERCISE OF RELIGIONS,BELIEFS, CUSTOMS AND TRADITIONS OF ANY PEOPLE. ITEVEN MANDATED THE REGIONAL LEGISLATIVE ASSEMBLYTO PROVIDE FOR THE CODIFICATION OF INDIGENOUSLAWS AND COMPILATION OF CUSTOMARY LAWS OF THEMUSLIMS AND INDIGENOUS CULTURAL COMMUNITIES INTHE ARMM.

YOU ARE WELCOME, CELIA.YOUR LATE FATHER, WHOWAS MY CONTEMPORARY,WOULD HAVE BEEN SOPROUD OF YOU…

THIS IS QUITE AHEALTHY DISCUSSIONAND I LEARNED A LOTON HOW TO ADMINIS-TER BARANGAY JUSTICEIN MY BARANGAY. THANKYOU VERY MUCH.

P A R T T W O

BENEFITS,INCENTIVES

AND AWARDS

SCHOLARSHIP

C H A P T E R O N E

THIS IS MARIA. SHE IS ADAUGHTER OF AN ACTIVE LUPONMEMBER IN MY BARANGAY. SHEWILL BE ENTERING COLLEGE NEXTYEAR AND SHE IS A CONSISTENTHONOR STUDENT. YOU TOLD ME

LAST TIME THAT THERE IS A SCHOLARSHIP PROGRAM FORTHE LEGITIMATE DEPENDENTS OF LUPON MEMBERS.

WOULD THERE BEANY CHANCE THATMARIA QUALIFIESFOR THE PROGRAM?

YES, SHE IS COVERED BY CHED ORDER 62“GUIDELINES IMPLEMENTING THE STUDYGRANT PROGRAM FOR BARANGAY OFFICIALSAND THEIR LEGITIMATE DEPENDENTS”. THISIS THE SAME ORDER APPLICABLE TO OURSONS AND DAUGHTERS.

GOODMORNING,KAPITANPEDRING.

GOOD MORNING, KAPITANA CELIA.WHAT CAN I DO FOR YOU?

72 A HANDBOOK

I SEE. WHO ARE NOW QUALIFIED TO BESCHOLARS UNDER THIS PROGRAM? WHATARE THE CONDITIONS IN ORDER TOQUALIFY IN THE PROGRAM?

BASICALLY, SHE/HE MUST BE A SON OR DAUGHTER OF THELUPONG TAGAPAMAYAPA.

SHE/HE MUST NOTBE MORE THAN 21YEARS OLD,A HIGH SCHOOLGRADUATE WITH ANAVERAGE OF 80 PERCENT,PASSED THE ENTRANCEEXAMS IN THE STATE COLLEGE AND UNIVERSITY, ANDINCOME OF PARENTS MUST NOT EXCEED 72,000 PESOSANNUALLY.

A CERTIFICATION FROM THE OFFICE OF THE MAYORTHAT THE APPLICANT IS A CHILD OF THEBARANGAY OFFICIAL,BIRTH CERTIFICATE, HIGH SCHOOL REPORTCARD,ENTRANCE EXAMS RESULT,INCOME TAX RETURN, ANDA CERTIFICATE OF GOOD MORALCHARACTER FROM THE PRINCIPAL ORGUIDANCE COUNCILOR.

SO WHAT ARE THE REQUIRED DOCUMENTS?


THE GRANTEE OR THE LUPON CHILD WILL CARRYA FULL SEMESTRAL LOAD EVERY SEMESTER,FINISH HIS/HER COURSE IN THE PRESCRIBEDDURATION AND WILL JUST MAINTAIN AT LEASTA PASSING GRADE IN ALL HIS/HER SUBJECTS.

THERE ARE OTHER CONDITIONS.

ARE THERE ANY CONDITIONS FORTHE ASSISTANCE?

CAN SHE ALSO SHIFT COURSE?

SHIFTING OF COURSE MAY BEALLOWED AFTER GETTING THEAPPROVAL FROM THEREGISTRAR…

THE APPLICANT MUST NOT BEENJOYING ANY STUDYGRANT AT THE TIME OFAPPLICATION.

ONLY TWO CHILDREN OF THELUPON MEMBER ARE ALLOWEDFOR A GIVEN TERM.

74 A HANDBOOK

CAN THE SCHOLARSHIP BE ALSO TERMINATED?

BUT WHY WOULD THERE BE NO FUNDSAVAILABLE? WHAT IS THE SOURCE OFFUNDING FOR THE SCHOLARSHIP?

WELL, THE STATE COLLEGESAND UNIVERSITIESCONCERNED ARE REQUIREDTO INCORPORATE IN THEIRRESPECTIVE BUDGETPROGRAM THE NECESSARYFUNDS TO SUPPORT THEEXPENSES OF THEBENEFICIARIES ASPROVIDED FOR IN CHEDORDER # 62.

I SEE. SO, MARIA, YOUBETTER HURRY AND SEEIF THE NEAREST COLLEGEHERE IN OUR PLACE HAS ASCHOLARSHIP PROGRAMUNDER CHED ORDER # 62AND BRING THIS LIST OFREQUIREMENTS WITHYOU.

YES, THE SCHOLARSHIP WILL BE TERMINATED IFTHE GRANTEE HAS FAILED IN THE SUBJECTS,FALSIFIED HIS/HER RECORDS, TRANSFERREDTO ANOTHER SCHOOL WITHOUT THEAPPROVAL OF THE SCHOOL REGISTRAR,JOINED OR PARTICIPATED IN SUBVERSIVEORGANIZATION/ACTIVITIES, OR IF THERE ARE NOAVAILABLE FUNDS FOR THE SCHOLARSHIP.

INCENTIVES AND AWARDS

C H A P T E R O N E

BUT WHAT ARE THECRITERIA INEVALUATING THELUPONS?

FIRST, WE MUST JOIN THESELECTION PROCESS AT THEMUNICIPAL LEVEL.

YES, BUT HOWDO WE ENTERTHE SELECTIONPROCESS?

HAVE YOU HEARD ABOUT THEANNUAL SEARCH FOR THEOUTSTANDING LUPONGTAGAPAMAYAPA?

THERE ARE THREE CRITERIA CONSIDERED.FIRST IS THE EFFICIENCY IN OPERATIONSWHICH IS JUDGED THROUGH THE NUMBEROF CASES SETTLED IN RELATION TO THENUMBER OF CASES FILED.

76 A HANDBOOK

...OBSERVANCE OF THE SETTLEMENT PROCEDURES WHICHREFERS TO THE SETTLEMENT OF CASES BEFORE THELUPON IN THE ACCORDANCE WITH THE PRESCRIBEDPROCEDURES AND THIS INCLUDES THE PROPERRECORDING OF THE COMPLAINTS, SERVING SUMMONS,OBSERVANCE OF THE PERIOD OF SETTLEMENT OFDISPUTES AND OTHER RELATED PROCEDURES.

UNDER EFFICIENCY IN OPERATIONS IS THE OBSERVANCEOF SETTLEMENT DEADLINES WHICH REFERS TO THESETTLEMENT OF CASES BEFORE THE LUPON WITHIN THEPRESCRIBED PERIOD AND THE ARRIVAL OF SETTLEMENTOR RESOLUTION OF THE DISPUTE WITHIN THE 15–DAYPERIOD.

ALSO THE EVALUATORS WILL LOOKINTO THE RECORD KEEPING SYSTEMOF THE LUPON WHICH INCLUDE THERECORDS OF ALL THE COMPLAINTSBROUGHT AND FILED, SETTLEDAND/OR RESOLVED BY THE LUPONAND PROPER AND SYSTEMATICFILING AND KEEPING OF THEDOCUMENTS SUBMITTED BY THELUPON TO OTHER AGENCIES FORCOMPLIANCE OR FOR ANYAPPROPRIATE ACTION.

LASTLY UNDER THE OPERATIONS IS THE SUBMISSIONOF REPORTS OF TRANSMITTAL, OF SETTLEMENT ANDARBITRATION AWARDS TO THE COURT AND OTHERCONCERNED AGENCIES; AND THE NUMBER OF REGULARMEETINGS CONDUCTED BY THE LUPON TO PROVIDE AFORUM FOR THE EXCHANGE OF IDEAS AMONG ITSMEMBERS AND THE PUBLIC.


WHAT IS THE SECOND CRITERIA?

THE RESOURCEFULNESS ORCREATIVITY OF THECONCILIATORS OR MEDIATORS.

OH I SEE. I JUST WONDER HOWCAN THEY EVALUATE THIS? IMEAN, WHAT COULD SERVE ASTHEIR BASIS IN APPLYING THECRITERIA THAT YOU‛VE JUSTMENTIONED?

WELL, THROUGH THE RECORDS AND MINUTES MADE BY THELUPON SECRETARY. FROM THERE, THE EVALUATORS WILL BEABLE TO KNOW THE INNOVATIVE TECHNIQUE AND SKILLS OFTHE MEDIATORS OR CONCILIATORS AND THE COORDINATIONMADE WITH APPROPRIATE AGENCIES LIKE THE PHILIPPINENATIONAL POLICE OR THE MUNICIPAL TRIAL COURT.

WHAT IS THE THIRD AND LAST CRITERIA?

THE LAST CRITERIA IS CENTERED ON THE EFFECTIVENESS OFTHE LUPON IN ACHIEVING KP OBJECTIVES. THIS ISMEASURABLE THROUGH THE NUMBER OF CASESREPUDIATED IN RELATION TO THENUMBER OF CASES SETTLEDAND THE NON-RECURRENCEOF THE CASES SETTLED.

WHO WILL EVALUATE US?HOW WILL THEY RATE THEPERFORMANCE OF OUR LUPON?

THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT(DILG) IS TASKED TO ORGANIZE THE LUPON TAGAPAMAYAPAAWARDS COMMITTEE FROM THE MUNICIPAL, PROVINCIAL,REGIONAL TO THE NATIONAL LEVEL.

78 A HANDBOOK

WHAT ARE THE PRIZES?

ASIDE FROM THE HONOR AND APRESIDENTIAL COMMENDATION , CASHPRIZES ARE ALSO GIVEN. AT THENATIONAL LEVEL, AS MUCH ASP300,000 IS GIVEN IN THE FORM OFGRANTS.

THE AWARDS COMMITTEE FIRST SERVES ASTHE TEAM OF EVALUATORS; AS SUCH IT WILLRATE THE LUPON ACCORDING TO THEABOVEMENTIONED CRITERIA GUIDED BY ARATING SCALE ALSO PROVIDED FOR.

AND THEY WILL SELECT THE TOP FOUR (4)LUPONS AS NATIONAL AWARDEES WHICHINCLUDE THE:

LUPON TAGAPAMAYAPA IN HIGHLYURBANIZED CITIES;

LUPON TAGAPAMAYAPA INCOMPONENT CITIES;

LUPONG TAGAPAMAYAPA IN 1ST TO3RD CLASS MUNICIPALITIES AND

LUPONG TAGAPAMAYAPA IN 4TH TO6TH CLASS MUNICIPALITIES.


I WILL TELL MY LUPONSECRETARY TO KEEP THE RECORDSOF THE LUPON EFFICIENTLY ANDWE WILL JOIN THE SEARCH NEXTYEAR. THANK YOU VERY MUCH,KAPITAN PEDRING.

YOU ARE WELCOME,KAPITANA CELIA. PLEASEFEEL FREE TO SEE ME IFYOU HAVE ANY MOREQUESTIONS. ALL THEVERY BEST TO YOUKAPITANA!

ANNEXESKP

FORMS





_________, 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, LocalGovernment Code of 1991 (Republic Act No. 7160), of theKatarungang Pambarangay Law, notice is hereby given to constitutethe Lupong Tagapamayapa of this Barangay. The persons I amconsidering 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 ofconciliation considering their integrity, impartiality, independence ofmind, 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 lawprovides that only those actually residing or working in the barangaywho are not expressly disqualified by law are qualified to be appointedas Lupon members.

All persons are hereby enjoined to immediately inform me and of theiropposition to or endorsement of any or all the proposed members or

KP FORM # 1: NOTICE TO CONSTITUTE THE LUPON

84 A HANDBOOK

recommend to me other persons not included in the list but not laterthan the ________ day of _______, 20__ (the last day for posting thisnotice).

_________________ 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 topunishment according to law.




_________, 20 ____ (Date)

APPOINTMENT

TO: ___________

Pursuant to Chapter 7, Title One, Book III, Local Government Code of1991 (Republic Act No. 7160), you are hereby appointed MEMBER ofthe Lupong Tagapamayapa of this Barangay effective upon taking youroath of office and until a new Lupon is constituted on the third yearfollowing your appointment.

__________________Punong Barangay

ATTESTED:__________________Barangay Secretary

KP FORM # 2: APPOINTMENT LETTER


KP FORM # 3: NOTICE OF APPOINTMENT




_________, 20 ____ (Date)

NOTICE OF APPOINTMENT

___________________________________________________

Sir/Madam:

Please be informed that you have been appointed by the PunongBarangay as a MEMBER OF THE LUPONG TAGAPAMAYAPA,effective upon taking your oath of office, and until a new Lupon isconstituted on the third year following your appointment. You maytake your oath of office before the Punong Barangay on ________.

Very truly yours,

________________Barangay Secretary

86 A HANDBOOK




_________, 20 ____ (Date)

LIST OF APPOINTED LUPON MEMBERS

Listed hereunder are the duly appointed members of the LupongTagapamayapa in this Barangay who shall serve as such upon takingtheir oath of office and until a new Lupon is constituted on the thirdyear following their appointment.1. _________________ 11. _________________2. _________________ 12. _________________3. _________________ 13. _________________4. _________________ 14. _________________5. _________________ 15. _________________6. _________________ 16. _________________7. _________________ 17. _________________8. _________________ 18. _________________9. _________________ 19. _________________10. _________________ 20. _________________

_______________Punong Barangay

ATTESTED:______________________Barangay/Lupon Secretary

IMPORTANT: The list shall be posted in three (3) conspicuous placesin the barangay for the duration of the terms of office of those namedabove.

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

KP FORM # 4: LIST OF APPOINTED LUPON MEMBERS


KP FORM # 5: LUPON MEMBER OATH STATEMENT




OATH OF OFFICE

Pursuant to Chapter 7, Title One, Book II, Local Government Code of1991 (Republic Act No. 7160), I _______________, being dulyqualified and having been duly appointed MEMBER of the LupongTagapamayapa of this Barangay, do hereby solemnly swear (or affirm)that I will faithfully and conscientiously discharge to the best of myability, my duties and functions as such member and as member of thePangkat ng Tagapagkasundo in which I may be chosen to serve; that Iwill bear true faith and allegiance to the Republic of the Philippines;that I will support and defend its Constitution and obey the laws, legalorders and decrees promulgated by its duly constituted authorities; andthat I voluntarily impose upon myself this obligation without anymental reservation or purpose of evasion.

SO HELP ME GOD. (In case of affirmation the last sentence will beomitted.)_____________Member

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

__________________ Punong Barangay

88 A HANDBOOK

KP FORM # 6: WITHDRAWAL OF APPOINTMENT




_________, 20 ____ (Date)

WITHDRAWAL OF APPOINTMENT

TO: _______________

After due hearing and with the concurrence of a majority of all theLupong Tagapamayapa members of this Barangay, your appointmentas 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 oromission/s constituting the ground/s for withdrawal.)


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 mustpersonally affix their signatures or thumb marks on the pertinent spacesabove. The withdrawal must be conformed to by more than one-half ofthe total number of members of the Lupon including the PunongBarangay and the member concerned.

KP FORM # 7: COMPLAINANT’S FORM




___________________ Barangay Case No. _____________________________ For: ______________________

Complainant/s __________________________________________________

— against —

____________________________________

Respondent/s

C O M P L A I N T

I/WE hereby complain against above named respondent/s for violatingmy/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:______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

90 A HANDBOOK

Made this _______ day of ___________, 19____.

________________Complainant/s

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

___________________________Punong Barangay/Lupon Chairman

KP FORM # 8: NOTICE OF HEARING




NOTICE OF HEARING(MEDIATION PROCEEDINGS)

TO: ________________________________

Complainant/s

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

This ________ day of ____________, 19____.


Notified this ________ day of __________, 19____.

Complainant/s______________________________






Complainant/s ___________________________________________________

— against —

____________________________________

Respondent/s

S U M M O N S

TO: ____________________ _________________________ ____________________ _________________________ Respondents

You are hereby summoned to appear before me in person, togetherwith your witnesses, on the _______ day of _________, 19___ at____________ o’clock in the morning/afternoon, then and there toanswer to a complaint made before me, copy of which is attachedhereto, for mediation/conciliation of your dispute with complainant/s.You are hereby warned that if you refuse or willfully fail to appear inobedience to this summons, you may be barred from filing anycounterclaim arising from said complaint.

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

This _______ day of ____________, 19___.

_____________________________Punong Barangay/Pangkat Chairman

KP FORM # 9: SUMMON FOR THE RESPONDENT

92 A HANDBOOK

Back page

OFFICER’S RETURN

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

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

Respondent/s__________________________ 1. handing to him/them said

summons in person, or__________________________ 2. handing to him/them said

summons and he/they refused toreceive it, or

__________________________ 3. leaving said summons at his/their dwelling with __________(name) a person of suitable ageand discretion residing therein,or

__________________________ 4. leaving said summons at his/their office/place of businesswith ________, ( name) acompetent person in chargethereof.

_____________Officer

Received by Respondent/s representative/s:

___________________ __________________Signature Date

___________________ __________________Signature Date





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 forthe constitution of the Pangkat ng Tagapagkasundo which shallconciliate your dispute. Should you fail to agree on the Pangkatmembership or to appear on the aforesaid date for the constitution ofthe Pangkat, I shall determine the membership thereof by drawing lots.This ________ day of ____________, 19_____.

____________________Punong Barangay

Notified this _________ day of _________, 19_____.


KP FORM # 10: NOTICE FOR CONSTITUTION OF PANGKAT

94 A HANDBOOK





Complainant/s ___________________________________________________

— against —

____________________________________

Respondent/s

NOTICE TO CHOSEN PANGKAT MEMBER

(Date)

TO: ________________

Notice is hereby given that you have been chosen member of thePangkat ng Tagapagkasundo amicably conciliate the dispute betweenthe par in the above-entitled case.

____________________________Punong Barangay/Lupon Secretary

Received this ________ day of __________, 19_____.

______________Pangkat Member

KP FORM # 11: NOTICE TO CHOSEN PANGKAT MEMBER


KP FORM # 12: NOTICE OF HEARING (CONCILIATION PROCEEDINGS)





NOTICE OF HEARING(CONCILIATION PROCEEDINGS)

You are hereby required to appear before the Pangkat on the ________day of _____________, 20____, at _________ o’clock for a hearing ofthe above-entitled case.

This ________ day of ___________, 20____.

___________________Pangkat Chairman

Notified this _____ day of __________, 19____.


96 A HANDBOOK

KP FORM # 13: SUBPOENA LETTER





Complainant/s ___________________________________________________

— against —

____________________________________

Respondent/s

S U B P O E N A

TO: ____________________ _____________________________________________ _________________________

Witnesses

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

This ______ day of _________, 19____.

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


KP FORM # 14: AGREEMENT FOR ARBITRATION





Complainant/s ___________________________________________________

— against —

____________________________________

Respondent/s

AGREEMENT FOR ARBITRATION

We hereby agree to submit our dispute for arbitration to the PunongBarangay/Pangkat ng Tagapagkasundo (Please cross out whichever isnot applicable) and bind ourselves to comply with the award that maybe rendered thereon. We have made this agreement freely with a fullunderstanding of its nature and consequences.

Entered into this _____ day of _________, 19____.


ATTESTATIONI hereby certify that the foregoing Agreement for Arbitration wasentered into by the parties freely and voluntarily, after I had explainedto them the nature and the consequences of such agreement.

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

98 A HANDBOOK

KP FORM # 15: ARBITRATION AWARD





Complainant/s ___________________________________________________

— against —

____________________________________

Respondent/s

ARBITRATION AWARD

After hearing the testimonies given and careful examination of theevidence 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 thePangkat Chairman, and by the Lupon Secretary if the award is made bythe Punong Barangay.


KP FORM # 16: AMICABLE SETTLEMENT





Complainant/s ___________________________________________________

— against —

____________________________________

Respondent/s

AMICABLE SETTLEMENT

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

______________________________________________________________________________________________________________________________

and bind ourselves to comply honestly and faithfully with the aboveterms of settlement.

Entered into this ______ day of __________, 19_______.


ATTESTATION

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

______________________________Punong Barangay/Pangkat Chairman

100 A HANDBOOK

KP FORM # 17: REPUDIATION





Complainant/s ___________________________________________________

— against —

____________________________________

Respondent/s

R E P U D I A T I O N

I/WE hereby repudiate the settlement/agreement for arbitration on theground that my/our consent was vitiated by:(Check out whichever is applicable)[ ] Fraud. (State details) _______________________________

________________________________________________________________________________________________

[ ] Violence. (State details)______________________________________________________________________________________________________________________________

[ ] Intimidation. (State details) ___________________________________________________________________________________________________________________________

This ________ day of _____________, 19____.


SUBSCRIBED AND SWORN TO before me this ________ day of__________, 19____ at _____________.


_____________________________________Punong Barangay/Pangkat Chairman/Member

Received and filed * this ______ day of ______________, 19_____.

____________________Punong Barangay* Failure to repudiate the settlement or the arbitration agreement withinthe time limits respectively set (ten [10] days from the date ofsettlement and five[5] days from the date of arbitration agreement)shall be deemed a waiver of the right to challenge on said grounds.

102 A HANDBOOK

KP FORM # 18: NOTICE OF HEARING FOR COMPLAINANT





Complainant/s ___________________________________________________

— against —

____________________________________

Respondent/s


TO: ______________________________Complainant/s

You are hereby required to appear before me/the Pangkat on the______ day of _________, 19____, at ________ o’clock in themorning/afternoon to explain why you failed to appear for mediation/conciliation scheduled on _____________, 19____ and why yourcomplaint should not be dismissed, a certificate to bar the filing of youraction on court/government office should not be issued, and contemptproceedings should not be initiated in court for willful failure or refusalto 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____________________________________

104 A HANDBOOK

KP FORM # 19: NOTICE OF HEARING FOR RESPONDENT





Complainant/s ___________________________________________________

— against —

____________________________________

Respondent/s


TO: ______________________________Respondent/s

You are hereby required to appear me/the Pangkat on the _______ dayof ____________, 19____, at __________ o’clock in the morning/afternoon to explain why you failed to appear for mediation/conciliation scheduled on ____________, 19___ and why yourcounterclaim (if any) arising from the complaint should not bedismissed, a certificate to bar the filing of said counterclaim in court/government office should not be issued, and contempt proceedingsshould not be initiated in court for willful failure or refusal to appearbefore 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____.


Respondent/s: Complainant/s:____________________ __________________________________________ ______________________





Complainant/s ___________________________________________________

— against —

____________________________________

Respondent/s


This is to certify that:1. There has been a personal confrontation between the parties beforethe Punong Barangay/Pangkat ng Tagapagkasundo;2. A settlement was reached;3. The settlement has been repudiated in a statement sworn to beforethe Punong Barangay by ______________ on ground of______________; and4. Therefore, the corresponding complaint for the dispute may now befiled in court/government office.

This _________ day of __________, 19____.

___________________Lupon Secretary

Attested:__________________Lupon Chairman

KP FORM # 20: CERTIFICATION TO FILE ACTION (FROM LUPON

SECRETARY)

106 A HANDBOOK

KP FORM # 21: CERTIFICATION TO FILE ACTION (FROM PANGKAT

SECRETARY)





Complainant/s ___________________________________________________

— against —

____________________________________

Respondent/s


This is to certify that:1. There has been a personal confrontation between the parties beforethe Punong Barangay but mediation failed;2. The Pangkat ng Tagapagkasundo was constituted but the personalconfrontation before the Pangkat likewise did not result into asettlement; and3. Therefore, the corresponding complaint for the dispute may now befiled in court/government office.

This _________ day of _________, 19_____.


Attested by:_________________Pangkat Chairman


KP FORM # 22: CERTIFICATION TO FILE ACTION





Complainant/s ___________________________________________________

— against —

____________________________________

Respondent/s


This is to certify that:1. There was a personal confrontation between the parties before thePunong Barangay but mediation failed;2. The Punong Barangay set the meeting of the parties for theconstitution of the Pangkat;3. The respondent willfully failed or refused to appear withoutjustifiable reason at the conciliation proceedings before the Pangkat;and4. Therefore, the corresponding complaint for the dispute may now befiled in court/government office.


Attested by:_________________Pangkat Chairman

108 A HANDBOOK

KP FORM # 23: CERTIFICATION TO BAR ACTION





Complainant/s ___________________________________________________

— against —

____________________________________

Respondent/s

CERTIFICATION TO BAR ACTION

This is to certify that the above-captioned case was dismissed pursuantto the Order dated ______________, for complainant/s_______________ (name) and ______________ (name) willful failureor refusal to appear for hearing before the Punong Barangay/Pangkatng Tagapagkasundo and therefore complainant/s is/are barred fromfiling an action in court/government office.

This ________ day of ______________, 19____.

_____________________________Lupon Secretary/Pangkat Secretary

Attested:________________________________Lupon Chairman/Pangkat Chairman

IMPORTANT: If Lupon Secretary makes the certification, the LuponChairman attests. If the Pangkat Secretary makes the certification, thePangkat Chairman attests.


KP FORM # 24: CERTIFICATION TO BAR COUNTERCLAIM





Complainant/s ___________________________________________________

— against —

____________________________________

Respondent/s

CERTIFICATION TO BAR COUNTERCLAIM

This is to certify that after prior notice and hearing, the respondent/s__________________ (name) and _________________ (name) havebeen found to have willfully failed or refused to appear withoutjustifiable reason before the Punong Barangay/Pangkat ngTagapagkasundo and therefore respondent/s is/are barred from filinghis/their counterclaim (if any) arising from the complaint in court/government office.

This ____________ day of _________, 19___.

______________________________Lupon Secretary/Pangkat Secretary

Attested:____________________________Lupon Chairman/Pangkat Chairman

IMPORTANT: If Lupon Secretary makes the certification, the LuponChairman attests. If the Pangkat Secretary makes the certification, thePangkat Chairman attests.

110 A HANDBOOK

KP FORM # 25: MOTION FOR EXECUTION





Complainant/s ___________________________________________________

— against —

____________________________________

Respondent/s

MOTION FOR EXECUTION

Complainant/s/Respondent/s state as follows:1. On _____________ (Date) the parties in this case signed anamicable settlement/received the arbitration award rendered by theLupon/Chairman/Pangkat ng Tagapagkasundo;2. The period of ten (10) days from the above-stated date has expiredwithout any of the parties filing a sworn statement of repudiation of thesettlement before the Lupon Chairman a petition for nullification of thearbitration award in court; and3. The amicable settlement/arbitration award is now final andexecutory.WHEREFORE, Complainant/s/Respondent/s request that thecorresponding writ of execution be issued by the Lupon Chairman inthis case.

_______________(Date)

_______________________Complainant/s/Respondent/s


KP FORM # 26: NOTICE OF HEARING (RE: MOTION FOR EXECUTION)





Complainant/s ___________________________________________________

— against —

____________________________________

Respondent/s

NOTICE OF HEARING(RE: MOTION FOR EXECUTION)

TO: _____________________ _____________________________________________ ________________________Complainant/s Respondent/s

You are hereby required to appear before me on _________ day of_________ 19____ at _________ o’clock in the morning/afternoon/evening for the hearing of the motion for execution, copy of which isattached hereto, filed by ____________ (Name of complainant/s/respondent/s)

________________(Date)

___________________________Punong Barangay/Lupon Chairman

Notified this ________ day of ___________, 19____.

_____________________ ____________________(Signature) (Signature)Complainant/s Respondent/s

112 A HANDBOOK

KP FORM # 27: NOTICE OF EXECUTION





Complainant/s ___________________________________________________

— against —

____________________________________

Respondent/s

NOTICE OF EXECUTION

WHEREAS, on ______________(date), an amicable settlement wassigned by the parties in the above-entitled case [or an arbitration awardwas rendered by the Punong Barangay/Pangkat ng Tagapagkasundo];WHEREAS, the terms and conditions of the settlement, the dispositiveportion of the award. read:__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

The said settlement/award is now final and executory;

WHEREAS, the party obliged ________________ (name) has notcomplied voluntarily with the aforestated amicable settlement/arbitration award, within the period of five (5) days from the date ofhearing on the motion for execution;NOW, THEREFORE, in behalf of the Lupong Tagapamayapa and byvirtue of the powers vested in me and the Lupon by the KatarungangPambarangay Law and Rules, I shall cause to be realized from thegoods and personal property of __________________ (name of partyobliged) the sum of _________________ (state amount of settlementor award) upon in the said amicable settlement [or adjudged in the saidarbitration award], unless voluntary compliance of said settlement oraward shall have been made upon receipt hereof.


Signed this _________ day of ___________, 19____.

___________________Punong Barangay

Copy furnished:____________________ _______________________________________ ___________________Complainant/s Respondent/s

114 A HANDBOOK

KP FORM # 28: MONTHLY TRANSMITTAL OF FINAL REPORTS

Barangay Case No. TITLE (Complainant, et al vs. Respondent, et al)

1. 2. 3. 4. 5. 6.7. 8. 9. 10.




OFFICE OF THE BARANGAY CAPTAIN

____________________, 20____Date

MONTHLY TRANSMITTAL OF FINAL REPORTS

To: City/Municipal Judge______________________ (City/Municipality)

Enclosed herewith are the final reports of settlement of disputes andarbitration awards made by the Barangay Captain/ PangkatTagapagkasundo in the following cases:

____________________________ (Clerk of Court)

IMPORTANT: Lupon/Pangkat Secretary shall transmit not later thanthe first five days of each month the final reports for preceding month.

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