A GUIDE TO THE
KATARUNGANG
PAMBARANGAY
SYSTEM
By Atty. Gregorio Austral
2012
TABLE OF CONTENTS
Chapter 1 – Introduction
1
1. What is Katarungang Pambarangay?
1
2. How was Katarungang Pambarangay introduced
into our justice system?
1
3. What was the first law that institutionalized
Katarungang Pambarangay?
2
4. What was the real intent of the passage of PD
1508?
2
5. Has PD 1508 been amended or repealed?
2
6. What are the purposes and objectives of the
Katarungang Pambarangay?
3
Chapter 2 – The KP Structure: Composition,
Constitution and Functions of the
Lupongtagapamayapa, Pangkat ng Tagapagsundo
and Legal Advisers
5
1. What body is tasked by law to administer the
Katarungang Pambarangay?
5
2. What are the three components of the
Katarungang Pambarangay?
5
3. What is the relationship among the three
components?
6
4. What is the role of the Lupong Tagapamayapa?
7
5. What is its composition?
7
6. What are the qualifications and disqualifications
of a lupon member?
7
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7. How is the lupon formed?
8
8. What are the forms used in the lupon formation
process?
10
9. What is the lupon member’s term of office?
12
10. Can a lupon member’s appointment be
withdrawn?
12
11. What form is used for the withdrawal of a lupon
member’s appointment?
12
12. In case of vacancies in the lupon, how is this
filled?
14
13. What are the functions of the lupon?
14
14. Who serves as the secretary of the lupon?
14
15. What are the functions of the Lupon Secretary?
15
16. What is Pangkat ng Tagapagsundo?
15
17. What is its composition?
15
18. How is the membership of the Pangkat
determined if the parties fail to agree on its
membership?
15
19. In the event that there are vacancies in the
Pangkat, how is this filled?
16
20. Who are the officers of the Pangkat? What are
their functions?
16
21. If the lupon encounters a difficult question of law,
to whom may the lupon consult?
16
Chapter 3 – Substantive Aspects of Katarungang
Pambarangay: Subject Matter, Venue and
Jurisdiction
iv
19
1. What disputes may be brought for amicable
settlement before the Katarungang
Pambarangay?
19
2. Are there cases which the lupon does not have
the authority to hear?
19
3. Can courts refer some cases to the lupon for
mediation or conciliation even if the said cases
are already outside of the lupon’s authority?
20
4. What cases do not require barangay conciliation
as a pre-requisite for filing in court?
21
5. What are the common types of case brought
before the Lupon?
22
6. What is the difference between the term “venue”
and “jurisdiction”? Are they synonymous?
22
7. If a dispute is submitted to the lupon of a certain
barangay but the same is supposed to be heard
by the lupon of another barangay, when should
an objection to the venue be raised?
23
8. What are rules to determine the proper venue of
dispute?
23
9. What type of residence is required for purposes
of determining the proper venue?
24
10. To whom should the requirement of actual
residence and membership apply?
24
11. The parties reside in barangays of different cities
or municipalities but the real property subject
matter of the case is located in one and the same
barangay, for example, Barangay Tobuan, Sual,
Pangasinan. Does the Lupon of Barangay
Tobuan have jurisdiction or authority over the
dispute?
25
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Chapter 4 – Procedural Aspect of Katarungang
Pambarangay: The KP Process
27
1. How is the entire process in Katarungang
Pambarangay done?
27
2. Who may initiate proceeding? How is this done?
28
3. What are the methods of alternative dispute
resolution (ADR) which are commonly used in
Katarungang Pambarangay?
29
4. What is meant by mediation?
29
5. What does conciliation mean?
29
6. What is the meaning of arbitration?
29
7. What are the two stages of Katarungang
Pambarangay process?
30
8. What are the steps and principles followed in the
mediation before the lupon chairman?
30
9. What forms are used in the process of mediation
before the lupon chairman?
31
10. If the dispute is not settled before the lupon
chairman, what will be the next step?
33
11. How will the pangkat be constituted?
34
12. When shall the pangkat convene?
36
13. What shall the pangkat do during its meeting with
the parties?
37
14. Is there a form for the subpoena to witnesses?
37
15. Are these cases when conciliation before the
pangkat is dispensed with?
38
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16. What are the grounds to disqualify a pangkat
member?
38
17. Who can move to disqualify a pangkat member?
38
18. How is a motion to disqualify a pangkat member
resolved?
38
19. Does the lupon and pangkat have the power of
contempt?
39
20. What is the punishment if a person is cited for
indirect contempt?
39
21. What is the rule when it comes to appearance of
parties before the KP?
39
22. If a party does not appear before the lupon, what
are the consequences for his non-appearance?
40
23. What processes are accorded to either the
complainant or respondent if he fails to appear?
40
24. What is the nature of the Katarungang
Pambarangay proceedings?
42
25. If the parties agree to an amicable settlement of
their dispute, what are the formal requirements
for the amicable settlement?
42
26. Are there certain issues which cannot be the
subject matter of a compromise agreement?
44
27. What is a Certificate to File Action?
44
28. When is the certificate issued?
44
29. What are the requirements before Certificates to
File Action, to Bar Action, or to Bar CounterClaim are issued?
48
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30. It has been said that another method of dispute
resolution method used in the Katarungang
Pambarangay is arbitration, what is meant by
that?
48
31. When will arbitration come about?
48
32. What are the steps that are usually followed in
arbitration?
50
33. In arbitration, what is the period of time given to
arbitrators to hand down the decision or award?
52
34. If a party is aggrieved of the decision or award,
what must he do?
53
35. How is amicable settlement or arbitration award
or decision executed?
53
36. What is the timeline of the whole execution
process?
53
37. What are some examples of counting the sixmonth period?
54
38. What is the procedure of execution by the lupon?
54
39. What are the different modes of execution?
57
40. How is execution by court action done?
57
41. What is the possible action of the court on the
motion?
58
42. Can an amicable settlement or arbitral decision
or award be repudiated?
58
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The Philippine Center for Civic Education and
Democracy (PCCED) is a non-stock, non-profit organization
dedicated to the effective promotion of good citizenship and
participatory democracy through education. By “good
citizenship” we mean a reasoned commitment to
fundamental democratic values and principles manifested in
an active engagement in civic life.
Prior to its incorporation in October 1, 2007, PCCED’s first
major initiative in education for democracy was in 2004,
when its members received a grant from the US Department
of State Small Grants Commission to create the Civic
Education Training Seminars. The second major initiative
followed a year later in 2005 when Project Citizen was
implemented by PCCED at the high school level. In 2006,
PCCED members joined a workshop in the United States to
be trained in the Project Citizen pedagogy. The official
licensing agreement with the Center for Civic Education, the
initiator of Project Citizen, was signed, and in 2007, the first
Project Citizen textbook was launched in the Philippines.
PROGRAMS AND PROJECTS
Today, PCCED continues to work with teachers, students,
local government units and other stakeholders to strengthen
people’s participation in democracy by capacitating them
with civic dispositions, skills and knowledge. This is done
through a number of programs that include:
ix
Participatory Budgeting (PB) — provides people with an
effective avenue to decide how a part of the public budget
should be allocated. Through the program, members of a
community are provided with technical skills that will enable
them to participate in the creation of development plans and
well thought-of project proposals that are reviewed by the
local government.
The Barangay Rule of Law Seminars (BRLS) — is a
program that supports the Katarungang Pambarangay, a
system for resolving conflict in the barangay that gives a
select group of citizens, called Lupon Tagapamayapa, an
important role in maintaining peace and harmony in the
community. Through the BRLS, these administrators of
justice at the barangay-level are provided with increased
procedural and technical skills and knowledge in
implementing the Katarungang Pambarangay.
More
importantly, through the BRLS, Lupon Members are enabled
to understand the importance of their role in communitybuilding by using the Katarungang Pambarangay as a
transformative tool in fostering peace, harmony, and a strong
sense of civic duty among community members
Civic Education Training Seminars (CETS) — a program
designed to help Social Studies teachers to integrate civic
education into the existing curriculum: love of country in
Philippine History, civic virtues in Asian History, democratic
participation in World History, and economic citizenship in
Economics. The program comes with a teachers’ manual.
Project Citizen — an approach for education in democracy
involving the training of students in seeking public policy
interventions to solve community problems. It is an
international program, for increasing the democratic
participation, political efficacy, and civic engagement levels
of students at the middle and high school levels, and is
currently being implemented in more than 60 countries.
x
Democracy Camp Philippines — an intensive seminarworkshop for youth leaders, designed to provide them with
in-depth and immersive training in the critical knowledge,
attitudes, and skills necessary for them to be effective
citizens in a democracy. Interspersed with practical and realworld skills training in program management and consensus
building, Democracy Camp Philippines further hones the
leadership skills of the participants. The event is also
designed as a forum for youth leaders around the country to
engage in dialogue over critical concepts and issues directly
relevant to Philippine democracy.
xi
OUR PARTNERS
SPANISH COOPERATION IN THE PHILIPPINES
Agencia Española de Cooperación Internacional para el
Desarollo (AECID) is the Spanish agency responsible for
international development cooperation. It was created in
1988 as the administering body for Spanish international cooperation policies within the Office of the Secretary of State
for International Cooperation under the Spanish Ministry of
Foreign Affairs and Cooperation.
The Philippines is the principal country in Asia for the
Spanish Cooperation and it has evolved from a priority
country to a development partner. The support provided to
the Philippines aims to contribute to eradicate poverty
through sustainable human development, to strengthen its
democratic governance and institutions, respecting the
diversity of the Philippine society and with special attention
to the most vulnerable groups.
The Spanish Cooperation concentrates its efforts on several
sectors of intervention, mainly Good Governance, Basic
Social Needs (health, education, water and sanitation) and
Peace Building. The promotion of good governance is
indeed essential to achieve a real democratic society, to be
able to deliver services to its people and to assist those most
in need.
xii
On the other hand, peace building is a critical element of
development in the Philippines, the same way as
development is the best contribution to peace. In that sense,
the promotion and support to social public policies in health
and education (universal health care and universal basic
education) is essential to foster growth and equitable
development.
Gender issues are considered as a priority of the Spanish
development aid too, and gender in development is a
crosscutting issue in all AECID actions, being aware that
supporting equality is a contribution to a fair and sustainable
development.
Main geographical areas of intervention: Region III (Aurora
and Nueva Ecija provinces), Region V (Bicol) and Mindanao
(especially Caraga).
xiii
Zabalketa is a Non Government Organization founded in
1990 that works locally in awareness raising and education
projects and internationally in development cooperation
projects. Its headquarters is located in Getxo, Bizkaia, Spain.
It has a permanent delegation in San Sebastian (Gipuzkoa,
Spain) and an extension office in Santa Cruz de la Sierra
(Bolivia).
It is legally constituted as a civil association with democratic,
non-sectarian and independent character, and has for its
purpose "to serve the public interest through cooperation
and economic, social, educational and cultural development
of disadvantaged people" (Article 2 of the Articles of
Zabalketa).
ZABALKETA is registered in the Basque Country NGO
Coordinator, the REDESMA network (Bolivia), the Spanish
NGOs Coordinator in Bolivia (COEB), and the Andean
Network of Local Development (Peru and Bolivia). It is also
registered in the association registry of Basque Country and
the Spanish Agency for International Cooperation. The
Basque Government has granted it the official designation of
Public Utility Authority/ Non-Profit Organization.
MISSION
ZABALKETA is a civil, independent, political and nonsectarian entity of democratic function. It is initially supported
by the alumni of Gaztelueta College (Getxo, Spain) and it
aims to spread awareness of the dignity of all people and
seeks the necessary means to channel them into projects
that promote the integral development of disadvantaged
people, mainly in the developing countries.
xiv
VISION
ZABALKETA does its work around the following areas:
1.) Awareness Raising and Education for Development We understand that the structural changes that the world
demands are not possible without the committed
participation of civil society in the most developed countries,
and that such participation requires a process of specific
education in values and active social commitment; 2.)
Development Cooperation - In countries in the South, we
work with projects of holistic in character, directed mainly to
achieve processes that improve the disposable income of
the beneficiary population or to address their unmet basic
needs. 3.) Social Assistance Programs. - In our immediate
environment, we work with vulnerable populations
(minorities, immigrants, etc.) on basic issues that often fail to
address the official social services: initial support, academic
failure, professional training, legal advice, etc..
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CHAPTER
Chapter
1
1
INTRODUCTION
1. What is Katarungang Pambarangay?
•
Katarungang Pambarangay is a system of
dispute resolution instituted in all barangays
in the Philippines that seeks to promote, among
others, the speedy administration of justice, by
providing all avenues to an amicable
settlement, thereby considerably reducing the
dockets in our courts of justice.
2. How was Katarungang Pambarangay introduced into
our justice system?
•
The first abstract conception of the Katarungang
Pambarangay Law started in 1976 when
Supreme Court Justice Fred Ruiz Castro
proposed the innovative idea of settling disputes
through “neighbourhood paralegal committee.” The abstract conception of the law first saw a
ray of hope for a possible passage of a law when
Presidential Decree No. 1293 was promulgated
on January 27, 1978. It created a presidential
commission tasked with a duty of studying the
feasibility of instituting a system of settling
disputes among the members in the barangay
without going to courts.
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3. What was the first law that institutionalized
Katarungang Pambarangay?
•
Presidential Decree No. 1508 in 1978 was the
first KP Law that institutionalized Katarungang
Pambarangay. It was promulgated by then
President Ferdinand Marcos with the passage
of Presidential Decree No. 1508 in 1978. The
law took effect on December 30, 1978 and this
was the law that organized, established and in
stitutionalized a formal system of amicable
settlement of disputes at the barangay level.
4. What was the real intent of the passage of PD 1508?
•
Although PD No. 1508 was the first law to
organize, establish and institutionalize the
Katarungang Pambarangay, its real intent
was to give full recognition to the historical fact
that peaceful settlement of disputes among the
family and barangay members without going to
the courts is a time- honoured tradition in the
Philippines and is at the root of a Filipino
culture.
5. Has PD 1508 been amended or repealed?
•
Yes. Fourteen years later, PD No. 1508 was
repealed by RA No. 7160, otherwise known as
the Local Government Code of 1991. In the re
pealing law, the KP Law was incorporated as
part of the codified laws on local government. Sec.. 399 - 422, Chapter VII of R.A. 7160 are
the relevant sections on Katarungang
Pambarangay.
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6. What are the purposes and objectives of the
Katarungang Pambarangay?
•
1
The essence of a barangay justice is a
peaceful and harmonious resolution of conflicts
within the barangay instead of adversarial
proceedings in the courts. Peaceful settlement
of disputes among the family and barangay
members without going to the courts “is a timehonored tradition in the Philippines and is at the
root of a Filipino culture.” KP recognizes the
traditional modes of dispute resolution
borne-out of time-honored traditions of:
•
•
•
Pakikisama (community-spirit)
Utang na loob (debt of gratitude)
Kinship
KP helps reduce the number of indiscriminate filing of
cases that leads to congestion of court dockets. By
compelling the parties to settle their conflicts through
the intervention of the barangay, the animosity
generated by a protracted court litigation, which is a
disruptive factor toward unity and cooperation,
is avoided.
It is believed, however, that the KP Law can be used
to achieve higher societal goals such as good
citizenship and strong communities beyond its
originally intended purpose of decongesting the court
dockets.
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Chapter
2
THE KP STRUCTURE:
COMPOSITION, CONSTITUTION AND
FUNCTIONS OF THE LUPONGTAGAPAMAYAPA,
PANGKAT NG TAGAPAGSUNDO AND
LEGAL ADVISERS
1.
What body is tasked by law to administer the
Katarungang Pambarangay?
•
The Lupong Tagapamayapa. It is the body
organized in every barangay composed of the
Barangay Captain as Chairman and not less
than ten (10) nor more than twenty (20)
members from which the members of every
Pangkat shall be chosen. Although the Lupon, as a whole, does not facilitate
mediation or conciliation proceedings, the members
of the Pangkat which conducts mediation or
conciliation sessions are chosen from the members of
the Lupon. The Lupon may be assisted by the
Provincial Legal Officer, City Legal Officer, Municipal
Legal Officer, and/or Public Prosecutor on matters
involving questions of law necessary in the
administration of the Katarungang Pambarangay.
2. What are the three components of the Katarungang
Pambarangay?
•
The Katarungang Pambarangay is said to have
three components:
(A) the Lupong Tagapamayapa; (B) the Pangkat
ng Tagapagsundo; and (C) the Legal Advisers.
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3. What is the relationship among the three components?
•
The
following
diagram
illustrates
the
relationship of he three components of the
Katarungang Pambarangay:
COMPONENTS OF KATARUNGANG PAMBARANGAY
Although the three components are considered as
separate and distinct in so far as their roles and
functions are concerned, the three components
interact and relate to each other as they perform their
separate roles and functions.
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4. What is the role of the Lupong Tagapamayapa?
•
2
The Lupon is the Peace-Making Council in the
barangay.
5. What is its composition?
•
The lupon is created in each barangay and is
composed of: (a) the Punong Barangay as
chairman, and ten (10) to twenty (20) members
appointed by the Punong Barangay.
6. What are the qualifications and disqualifications of a
lupon member?
•
For a person to become a lupon member, he
shall possess all of the following qualifications
and none of the disqualifications:
Qualifications of lupon member
1)
Any person who is actually residing
or working, in the barangay;
2)
Not otherwise expressly
disqualified by law; and
3)
Possessing integrity, impartiality,
independence of mind, sense of
fairness, and reputation for probity
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Disqualifications
The following persons are disqualified to
become members of the lupon:
1)
Persons convicted of crime with an
accessory penalty disqualification
from holding public
office;
2)
Minors;
3)
Members of the armed forces who
are still in active service;
4)
Government employees; and
5)
Elected government official
7. How is the lupon formed?
•
Within fifteen (15) days from the start of h i s
term, the Punong Barangay prepares a notice
to constitute the lupon, which shall
include the names of the proposed members who
have expressed their willingness to serve.
Such notice shall be posted in three (3)
conspicuous
places
in
the
barangay
continuously for a period of not less than three (3)
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The Punong Barangay, taking into consideration
any opposition to the proposed appointment or any
recommendations as may have been made within the
period of posting, shall within ten (10) days thereafter,
appoint as members those whom he determines to
be suitable therefor. The list of appointed members
shall be posted in three (3) conspicuous places in the
barangay for the entire duration of their term of office.
Upon appointment, each lupon member shall take an
oath of office before the Punong Barangay. The Lupon formation process is summarized in the following
diagram:
THE LUPON FORMATION PROCESS
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8. What are the forms used in the lupon formation
process?
•
The following forms are used:
KP FORM NO. 1: NOTICE TO CONSTITUTE THE LUPON
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE PUNONG BARANGAY
______ , 20__
NOTICE TO CONSTITUTE THE LUPON
To All Barangay Members and All Other Persons Concerned:
In compliance with Section 1(a), Chapter 7, Title One, Book III, Local Government Code of 1991
(Republic Act No. 7160), of the Katarungang Pambarangay Law, notice is hereby given to constitute the Lupong
Tagapamayapa of this
Barangay. The persons I am considering for appointment are the following:
1. __________________
13. _________________
2. __________________
14. _________________
3. __________________
15. _________________
4. __________________
16. _________________
5. __________________
17. _________________
6. __________________
18. _________________
7. __________________
19. _________________
8. __________________
20. _________________
9. __________________
21. _________________
10. _________________
22. _________________
11. _________________
23. _________________
12. _________________
24. _________________
25. _________________
They have been chosen on the basis of their suitability for the task of conciliation considering their integrity,
impartiality, independence of mind, sense of fairness and reputation for probity in view of their age, social standing
in the community, tact, patience, resourcefulness, flexibility, open mindedness and other relevant factors. The law
provides that only those
actually residing or working in the barangay who are not expressly disqualified by law are qualified to be appointed
as Lupon members.
All persons are hereby enjoined to immediately inform me and of their opposition to or endorsement of any
or all the
proposed members or recommend to me other persons not included in the list but not later than the ________ day
of _______, 20__ (the last day for posting this notice).
_________________
Punong Barangay
IMPORTANT: This notice is required to be posted in three (3) conspicuous places in the barangay for at least three
(3) weeks
WARNING: Tearing or defacing this notice shall be subject to punishment
according to law.
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KP FORM NO. 1: NOTICE TO CONSTITUTE THE LUPON
2
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE PUNONG BARANGAY
______ , 20__
(Date)
APPOINTMENT
TO: ___________
Pursuant to Chapter 7, Title One, Book III, Local Government Code of 1991
(Republic Act No. 7160), you are hereby
appointed MEMBER of the Lupong Tagapamayapa of this Barangay effective upon taking your oath of
office and until a new Lupon is constituted on the third year following your appointment.
_________________
Punong Barangay
ATTESTED:
________________
Barangay Secretary
KP FORM # 5 LUPON MEMBER OATH STATEMENT
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE PUNONG BARANGAY
OATH OF OFFICE
Pursuant to Chapter 7, Title One, Book II, Local Government Code of 1991 (Republic Act No.
7160), I _______________, being duly qualified and having been duly appointed MEMBER of the Lupong
Tagapamayapa of this Barangay, do hereby solemnly swear (or affirm) that I will faithfully and
conscientiously discharge to the best of my ability, my duties and functions as such member and as member
of the Pangkat ng Tagapagkasundo in which I may be chosen to serve; that I will bear true faith and
allegiance to the Republic of the Philippines; that I will support and defend its Constitution and obey the
laws, legal orders and decrees promulgated by its duly constituted authorities; and that I voluntarily impose
upon myself this obligation without any mental reservation or purpose of evasion.
SO HELP ME GOD. (In case of affirmation the last sentence will be omitted.)
_____________
Member
SUBSCRIBED AND SWORN to (or AFFIRMED) before me this _____ day of __________, 20____.
__________________
Punong Barangay
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9. What is the lupon member’s term of office?
•
A lupon member holds office until a new lupon is
constituted on the third year following his
appointment unless sooner terminated by
resignation, transfer of residence or place
of work, or withdrawal of appointment by the
punong barangay with concurrence of the
majority of all the members of the lupon. 10. Can a lupon member’s appointment be withdrawn?
•
Yes. A lupon member’s appointment can be
withdrawn by the Punong Barangay after
due hearing and with the concurrence of a
majority of all the Lupong Tagapamayapa
members, a lupon member’s appointment may
be
withdrawn
on
the
grounds
of
incapacity to discharge the duties of his office
or unsuitability.
11. What form is used for the withdrawal of a lupon
member’s appointment?
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KP FORM # 6 WITHDRAWAL OF APPOINTMENT
2
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
______ , 20__
WITHDRAWAL OF APPOINTMENT
TO: _______________
After due hearing and with the concurrence of a majority of all the Lupong
Tagapamayapa members of this Barangay, your appointment as member thereof is
hereby withdrawn effective upon receipt hereof, on the following ground/s:
[] incapacity to discharge the duties of your office as shown by
_______________________________
[ ] unsuitability by reason of _______________________________
(Check whichever is applicable and detail or specify the act/s or omission/s
constituting the ground/s for withdrawal.)
____________________________
Punong Barangay/Lupon Chairman
CONFORME (Signatures):
1. __________________
7. _________________
2. __________________
8. _________________
3. __________________
9. _________________
4. __________________
10. _________________
5. __________________
11. _________________
6. __________________
Received this __________ day of _____________, 19____.
__________________
Signature
NOTE: The members of the Lupon conforming to the
withdrawal must personally affix their signatures or
thumb marks on the pertinent spaces above. The
withdrawal must be conformed to by more than onehalf of the total number of members of the Lupon
including the Punong Barangay and the member
concerned.
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12. In case of vacancies in the lupon, how is this filled?
•
Should a vacancy occur in the lupon
for any cause, the punong barangay immediately
appoints a qualified person who shall hold office
only for the unexpired portion of the term.
13. What are the functions of the lupon?
•
Exercise administrative supervision over the
conciliation panels;
•
Meet regularly once a month to provide a
forum for exchange of ideas among its
members and the public on matters relevant
to the amicable settlement of disputes, and
to enable various conciliation panel members
to share with one another their observations
and experiences in effecting speedy resolution
disputes; and
•
Exercise such other powers and perform such
other duties and functions as may be prescribed
by law or ordinance;
14. Who serves as the secretary of the lupon?
•
The barangay secretary concurrently serves as
the secretary of the lupon.
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15. What are the functions of the Lupon Secretary?
2
•
The following are secretary’s functions:
•
Record the results of mediation proceedings
before the punong barangay;
•
Submit a report of the mediation proceedings
to the proper city or municipal courts; and
•
Receive and keep the records of proceedings
submitted to him by the various conciliation
panels.
16. What is Pangkat ng Tagapagsundo?
•
Pangkat ng tagapagsundo is the conciliation
panel that hears each dispute brought before
the lupon.
17. What is its composition?
•
The Pangkat ng Tagapagsundo is composed of
three (3) members who are chosen by the
parties to the dispute from the list of members of
the lupon.
18. How is the membership of the Pangkat determined if
the parties fail to agree on its membership?
•
Should the parties fail to agree on the pangkat
membership, the same shall be determined by
lots drawn by the lupon chairman.
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2
19. In the event that there are vacancies in the Pangkat,
how is this filled?
•
Any vacancy in the pangkat shall be chosen by
the parties to the dispute from among the other
members of the lupon. Should the parties fail o
agree on a common choice, the vacancy shall
be filled by lots drawn by the lupon chairman.
20. Who are the officers of the Pangkat? What are their
functions?
•
The three (3) members constituting the pangkat
elect from among themselves the chairman and
the secretary.
•
CHAIRMAN – presides over meetings or
hearings before the pangkat
•
SECRETARY – Prepares the minutes of the
pangkat proceedings and issues notices to
the parties concerned. Also tasked with the
issuance of the certified true copies of any
public record in his custody that is not by law
otherwise declared confidential.
21. If the lupon encounters a difficult question of law, to
whom may the lupon consult?
•
On matters involving questions of law necessary
in the administration of the KP, the following
shall render legal advice:
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Chapter
o
Provincial legal officer
o
City legal officer
o
Municipal legal officer; and
o
Public Prosecutor
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2
CHAPTER
3
Chapter
3
SUBSTANTIVE ASPECTS
OF KATARUNGANG
PAMBARANGAY:
SUBJECT MATTER, VENUE AND JURISDICTION
1. What disputes may be brought for amicable
settlement before the Katarungang Pambarangay?
•
Disputes between or among the parties who are
ACTUALLY RESIDING in the SAME CITY
or MUNICIPALITY may be brought for
amicable settlement before the lupon. 2. Are there cases which the lupon does not have the
authority to hear?
•
Yes. The lupon shall have no authority in the
following cases:
a.
Where one party is the government or
any subdivision or instrumentality thereof;
b.
Where one party is a public officer or
employee, and the dispute relate to the
performance of his official functions;
c.
Offenses punishable by imprisonment
exceeding one (1) year or a fine
exceeding
Five
thousand
pesos
(5,000.00);
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3
Chapter
3.
d.
Offenses where there is no private
offended party;
e.
Where the dispute involves real
properties ocated in different cities or
municipalities unless the parties there to
agree to submit their differences to
amicable settlement by an appropriate
lupon;
f.
Dispute involving parties who actually
resides in barangays of different cities or
municipalities, except where such
barangay units adjoin each other and the
parties thereto agree to submit their
differences to amicable settlement by an
appropriate lupon;
g.
Such other classes of disputes which the
President may determine in the interest
of justice or upon the recommendation of
the Secretary of Justice.
Can courts refer some cases to the lupon for
mediation or conciliation even if the said cases are
already outside of the lupon’s authority?
•
The court in which non-criminal cases not
falling within the authority of the lupon are filed
may motu proprio refer the case to the lupon
concerned for amicable settlement at any
time before trial. However, where the civil
case is covered by the Rule on Summary
Procedure, its referral to the lupon which has
no authority over the case is saliently an
unsound exercise of discretion.
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3
4. What cases do not require barangay conciliation as a
pre-requisite for filing in court?
•
Supreme Court Administrative Circular 14-93
provides for the following additional cases
which do not require the mandatory conciliation
or mediation before the lupon:
1.
Disputes where urgent legal action is necessary
to prevent injustice from being committed
or further continued, specifically the following:
a.
Criminal cases where accused is under
police custody or detention [See
Sec. 412 (b) (1), Revised Katarungang
Pambarangay Law];
b.
Petitions for habeas corpus by a person
illegally deprived of his rightful custody
over another or a person illegally de
prived of or on acting in his behalf;
c.
Actions
coupled
with
provisional
remedies such as preliminary injunction,
attachment, delivery of personal property
and support during the pendency
of the action; and
d.
Actions which may be barred by the
Statute of Limitations.
2.
Any class of disputes which the President may
determine in the interest of justice or upon
the recommendation of the Secretary of Justice;
3.
Where the dispute arises from the
Comprehensive Agrarian Reform Law (CARL)
[Secs. 46 & 47, R. A. 6657];
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3
4.
Labor disputes or controversies arising
from employer-employee relations [Montoya vs.
Escayo, et al., 171 SCRA 442; Art. 226,
Labor Code, as amended, which grants original
and exclusive jurisdiction over conciliation
and mediation of disputes, grievances or
problems to certain offices of the Department of
Labor and Employment];
5.
Actions to annul judgment upon a compromise
which may be filed directly in court
[See Sanchez vs. Tupaz, 158 SCRA 459] .
5. What are the common types of case brought before
the Lupon?
•
Based on the 10 year report of the DILG on
Katarungang Pambarangay Law, the types of
cases brought before the lupon are as follows :
A.
Criminal cases: (1) Physical injuries;
(2) Slander; (3) Threats; (4) Robbery;
(5) Theft; (6) Drug Abuse; (7) Damage to
property; (8) Estafa; (9) Trespassing;
(10) Coercion; and (11) Unjust vexation.
B.
Civil cases: (1) Ejectment; (2) Family or
marital problems; (3) Collections of Debts
or Rentals; (4) Breach of contract;
(5) Damages; (6) Demand for specific
performance of obligation arising from
contracts.
6. What is the difference between the term “venue” and
“jurisdiction”? Are they synonymous?
•
The two terms are not synonymous to each
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3
other. Venue is the place where an action is
filed, heard, and tried while jurisdiction is the
power to decide or hear a particular case.
7. If a dispute is submitted to the lupon of a certain
barangay but the same is supposed to be heard by the
lupon of another barangay, when should an objection
to the venue be raised?
•
Objection to venue must be raised in the
mediation proceedings before the punong
barangay. Otherwise, the same is deemes
waived. Moreover, such objection must not
be made before the pangkat.
8. What are rules to determine the proper venue of
dispute?
RULES ON VENUE
TYPE OF DISPUTE
Between persons actually residing in the
same barangay
Involving actual residents of different
barangays within the same city or
municipality
Shall be brought before the
lupon of said barangay.
Shall be brought in the barangay where the
respondent or any of the respondents
actually resides, at the election of the
complainant
Involving real property or
any interest therein
Shall be brought in the barangay where the
real property or the larger portion thereof
is situated.
Shall be brought in the barangay where
such workplace or institution is located
Arising at the workplace where the
contending parties are employed or at
the institution where such parties are
enrolled for study
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VENUE FOR
CONCILIATION/
MEDIATION
Chapter
3
9. The law provides that disputes between or among the
parties who are ACTUALLY RESIDING in the SAME
CITY or MUNICIPALITY may be brought for amicable
settlement before the lupon.
What type of residence is required for purposes of
determining the proper venue?
•
PD 1508 requires that disputants must be
members of the barangays who are actually
residing therein. Residence alone, without
membership, in said barangays would not be
an accurate and reliable criterion.
Mere membership in a barangay, without actual
residence
therein,
should
not
suffice
since absentee membership would not sub
serve the avowed purpose of PD 1508 for lack
of common bond and sense of belongingness
to a particular identified group (Spouses
Bejer vs. CA and Spouses Samar, G.R. No.
79404, Jan. 27, 1989).
10. To whom should the requirement of actual residence
and membership apply?
•
The statutory requirement of actual residency
and membership in the barangay is applicable
to the real party in interest, not to the
attorney-in-fact.
Where parties are not actual residents in the
same city or municipality or adjoining
barangays, there is no requirement for them to
submit their dispute to the lupon even if
both of their attorneys-in-fact are actual
residents of the same barangay (Pascual vs.
Pascual, G.R. No. 157830, Nov. 17, 2005).
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11. The parties reside in barangays of different cities or
municipalities but the real property subject matter of
the case is located in one and the same barangay, for
example, Barangay Tobuan, Sual, Pangasinan. Does
the Lupon of Barangay Tobuan have jurisdiction or
authority over the dispute?
•
Lupon has no authority over the case. The
Lupon shall have no jurisdiction over disputes
where the parties are not actual residents of
the same city or municipality, except where the
barangays in which they actually reside adjoin
each other.
In such a situation, where the Lupon is without
jurisdiction of the controversy because the
parties are not actual residents of the same city
or municipality or of adjoining barangays,
the nature of the controversy is of no momentwhether or not affecting real property or interest
therein, located in the same city or municipality
(Agbayani, et.al. vs. Judge Belen, G.R. No.
L-65629, Nov. 24, 1986).
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CHAPTER
Chapter
4
4
PROCEDURAL ASPECT
OF KATARUNGANG
PAMBARANGAY:
THE KP PROCESS
1. How is the entire process in Katarungang
Pambarangay done?
•
Assuming the parties are able to reach an
amicable settlement of their dispute, the
Katarungang Pambarangay generally follows
the following the process:
THE KP PROCESS
COMPLIANT
MEDIATION
BEFORE THE
LUPON
CHAIRMAN
CONCILIATION
THROUGH THE
PANGKAT
AMICABLE
SETTLEMENT
IS REACHED
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EXECUTION
Chapter
4
2. Who may initiate proceeding? How is this done?
•
Any person who has cause of action against
another involving any matter within the authority
of the lupon may complain, orally or in writing,
to the barangay lupon chairman upon payment
of the appropriate filing fee.
KP FORM No. 7 is used to initiate the proceeding. KP FORM # 7 COMPLAINANT’S FORM
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
___________________
___________________
Complainant/s
________________________________
________________________________
Barangay Case No. ________________
For: ____________________________
— against —
__________________
__________________
Respondent/s
COMPLAINT
I/WE hereby complain against above named respondent/s for violating my/our
rights and interests in the following manner:
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
___________________________________________________________________________________________
_____________________
THEREFORE, I/WE pray that the following relief/s be granted to me/us in
accordance with law and/or equity:
____________________________________________________________________________________________
____________________________________________________________________________________________
__________________________________________________________________________________
Made this _______ day of ___________, 19____.
________________
Complainant/s
Received and filed this ________ day of __________, 19____.
____________________________
Punong Barangay/Lupon Chairman
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3. What are the methods of alternative dispute
resolution (ADR) which are commonly used in
Katarungang Pambarangay?
•
4
The following ADR methods are commonly
used:
(1) Mediation;
(2) Conciliation; and
(3) Arbitration
4. What is meant by mediation?
•
This means a voluntary process in which a
mediator, selected by the disputing parties,
facilitates communication and negotiation, and
assists the parties in reaching a voluntary
agreement regarding a dispute (Sec. 3(q), RA
no. 9285).
5. What does conciliation mean?
•
This is a process in which an impartial person
acts as an intermediary to open communication
between parties to resolve their dispute.
6. What is the meaning of arbitration?
•
This is a voluntary dispute resolution process in
which one or more arbitrators, appointed in
accordance with the agreement of the parties,
or rules promulgated pursuant to law, resolve a
dispute by rendering an award (Sec. 3[d], RA
No. 9285).
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7. What are the two stages of Katarungang
Pambarangay process?
•
The two stages are: (1) MEDIATION before the
lupon chairman, and (2) CONCILIATION before
the pangkat.
8. What are the steps and principles followed in the
mediation before the lupon chairman?
•
Upon receipt of the complaint, the lupon
chairman shall summon the respondent, with
notice to the complainant for them and their
witnesses to appear before him for a mediation
of their conflicting interests within the next
working day.
•
The respondent may submit his answer and he
may interpose his counter-claim.
•
Hearing is done informally.
•
Technical rules of evidence are not resorted.
•
Settlement must be reduced into writing signed
by the complainant and respondent and
attested by the Barangay Chairman
•
If the mediation efforts of the lupon chairman
fail within fifteen (15) days from the first
meeting of the parties before him, he shall
forthwith set a date for the constitution of the
pangkat.
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9. What forms are used in the process of mediation
before the lupon chairman?
KP FORM # 7 COMPLAINANT’S FORM
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
NOTICE OF HEARING
(MEDIATION PROCEEDINGS)
TO: _________________
________________
Complainant/s
You are hereby required to appear before me on the ______ day of
_______, 19___ at ________ o’clock in the morning/afternoon for the
hearing of your complaint.
This ________ day of ____________, 19____.
____________________________
Punong Barangay/Lupon Chairman
Notified this ________ day of __________, 19____.
Complainant/s
_______________
_______________
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4
KP FORM # 9 SUMMONS FOR THE RESPONDENT
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
___________________
___________________
Complainant/s
________________________________
________________________________
Barangay Case No. ________________
For: ____________________________
— against —
__________________
__________________
Respondent/s
SUMMONS
TO: ____________________
____________________
Respondents
_________________________
_________________________
You are hereby summoned to appear before me in person, together with your
witnesses, on the _______ day of _________, 19___ at ____________ o’clock in the
morning/afternoon, then and there to answer to a complaint made before me, copy of which
is attached hereto, for mediation/conciliation of your dispute with complainant/s.
You are hereby warned that if you refuse or willfully fail to appear in obedience to this
summons, you may be barred from filing any counterclaim arising from said complaint.
FAIL NOT or else face punishment as for contempt of court.
This _______ day of ____________, 19___.
_____________________________
Punong Barangay/Pangkat Chairman
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KP FORM # 9 BACK PAGE
OFFICER’S RETURN
I served this summons upon respondent
____________________________ on the ______ day of ______________,
19____, and upon respondent ___________________________ on the day of
________________, 19____, by:
(Write name/s of respondent/s before mode by which he/they was/were
served.)
Respondent/s
__________________________ 1. handing to him/them said summons in
person, or
__________________________ 2. handing to him/them said summons and
he/they refused to receive it, or _________________________
3. leaving said summons at his/their dwelling with
__________ (name) a person of suitable age and
discretion residing therein, or
__________________________ 4. leaving said summons at his/their office/
place of business with ________, ( name) a competent person
in charge thereof.
_____________
Officer
Received by Respondent/s representative/s:
___________________
Signature Date
___________________
Signature Date
__________________
__________________
10. If the dispute is not settled before the lupon
chairman, what will be the next step?
•
The dispute shall be referred to the Pangkat ng
Tagapagsundo for conciliation.
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11. How will the pangkat be constituted?
•
The pangkat shall be constituted by allowing
the parties to choose from among the lupon
membership the three members of the pangkat.
They shall also choose a fourth person
as alternate member of the Pangkat.
Should the parties fail to agree on the
composition of the Pangkat, they shall, in the
presence
of
the
Barangay
Captain
or Secretary, make the selection in the following
manner:
---
In case there is more than one complainant or
respondent to the dispute, each side shall choose
from among themselves one who shall be its
representative to the selection process;
--Each side to the dispute shall then draw by lot to
determine which one of them shall be first to strike
out a name from the list of Lupon membership;
--Each side shall thereafter alternately strike out names
from said list until only four (4) shall remain;
---
The Barangay Captain shall draw by lot from among
the four names one who shall be the alternate
member of the Pangkat.
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KP FORM # 10 NOTICE TO CONSTITUTE PANGKAT
4
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE PUNONG BARANGAY
NOTICE FOR CONSTITUTION OF PANGKAT
TO: __________________
____________________
__________________
____________________
Complainant/s
Respondent/s
You are hereby required to appear before me on the ______ day of
_________, 19____, at ________ o’clock in the morning/afternoon for the
constitution of the Pangkat ng Tagapagkasundo which shall conciliate your
dispute. Should you fail to agree on the Pangkat membership or to appear on the
aforesaid date for the constitution of the Pangkat, I shall determine the
membership thereof by drawing lots.
This ________ day of ____________, 19_____.
____________________
Punong Barangay
Notified this _________ day of _________, 19_____.
TO: __________________
_________________
Complainant/s
____________________
____________________
Respondent/s
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4
KP FORM # 11 NOTICE TO CHOSEN PANGKAT MEMBER
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
___________________
___________________
Complainant/s
— against —
__________________
__________________
Respondent/s
Barangay Case No. ________________
For: ____________________________
____________________________
____________________________
NOTICE TO CHOSEN PANGKAT MEMBER
(Date)
TO: ________________
Notice is hereby given that you have been chosen member of the Pangkat ng
Tagapagkasundo amicably conciliate the dispute between the par in the aboveentitled case.
____________________________
Punong Barangay/Lupon Secretary
Received this ________ day of __________, 19_____.
________________
Pangkat Member
12. When shall the pangkat convene?
•
The pangkat shall convene not later than three
(3) days from its constitution, on the day and
hour set by the lupon chairman, to hear both
parties and their witnesses, simplify issues,and
explore all possibilities for amicable settlement.
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13. What shall the pangkat do during its meeting with
the parties?
•
4
The pangkat shall meet to hear both parties,
explore possibilities for amicable settlement
within 15 days which can be extended for an
other 15 days in a meritorious case and issue
subpoena of witnesses whenever necessary.
14. Is there a form for the subpoena to witnesses?
•
Yes. The following form is used:
KP FORM # 13 SUBPOENA LETTER
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
___________________
Barangay Case No. ________________
___________________
For: ____________________________
Complainant/s________________________________
________________________________
— against —
__________________
__________________
Respondent/s
SUBPOENA
TO: ____________________
____________________
Witnesses
_________________________
_________________________
You are hereby commanded to appear before me on the ______ day of _________, 19___,
at ___________ o’clock, then and there to testify in the hearing of the above-captioned case.
This ______ day of _________, 19____.
_______________________________
Punong Barangay/Pangkat Chairman
(Cross out whichever one is not applicable).
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15. Are these cases when conciliation before the
pangkat is dispensed with?
•
The convening of the pangkat is unnecessary
when a party fails to appear without justifiable
reason during the barangay conciliation and
mediation or arbitration. In this case, what the
lupon should do is to issue a certification to file
action (Alinsugan vs. Cagampang, et.al., G.R.
No. L-69334, July 28, 1986).
16. What are the grounds to disqualify a pangkat
member?
•
•
•
•
Relationship;
Bias;
Interest; or
Any other similar grounds
17. Who can move to disqualify a pangkat member?
•
Any party to the case
18. How is a motion to disqualify a pangkat member
resolved?
•
By affirmative vote of the majority of the
pangkat whose decision shall be final.
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19. Does the lupon and pangkat have the power of
contempt?
4
•
Both the lupon and pangkat do not have power
to directly punish the parties and their witnesses
for contempt.
REASON: Power of contempt is an inherent attribute of the court. The lupon and the pangkat, however, may file an
application to cite any party or his witness, who
wilfully and deliberately fails or refuses to appear
without justifiable ground, despite notice, for indirect
contempt before the court.
20. What is the punishment if a person is cited for
indirect contempt?
•
Fine not exceeding P5,000.00 or imprisonment
not exceeding one (1) month, or both.
21. What is the rule when it comes to appearance of
parties before the KP?
•
Parties must appear in person without the
assistance of counsel or representative, except
for minors and incompetents who may be
assisted by their next-of-kin who are not lawyers.
RATIONALE:
•
To enable the lupon to secure first hand and
direct information about the facts and issues.
•
The participation of lawyers with their tendency
to use their analytical skills and legal knowledge
tend to prolong instead of expedite settlement of
the case.
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22. If a party does not appear before the lupon, what
are the consequences for his non-appearance?
ON THE PART OF THE COMPLAINANT
•
Complaint may be dismissed.
•
Dismissal shall bar the complainant from
seeking judicial recourse for the same cause
of action as that dismissed.
ON THE PART OF THE RESPONDENT
•
Any counterclaim arising from or is necessarily
connected with the complainant’s action, may
be dismissed.
•
Dismissal shall bar the respondent from filing
such counterclaim in court.
•
Non-appearance shall likewise be a sufficient
basis for the issuance of a certification to file
action.
•
Willful failure or refusal to appear may subject
the party or witness to punishment for contempt.
23. What processes are accorded to either the complainant or respondent if he fails to appear?
•
A hearing shall be conducted so that the party
who failed to attend the previous hearing will be
required to give an explanation of his absence
and of why sanctions enumerated in the
foregoing paragraphs will not be imposed.
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4
KP FORM # 18 NOTICE OF HEARING FOR COMPLAINANT
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
___________________
___________________
Complainant/s — against —
__________________
__________________
Respondent/s
Barangay Case No. ________________
For: ____________________________
______________________________
___________________________
NOTICE OF HEARING
(RE: FAILURE TO APPEAR)
TO: ________________
_______________
Complainant/s
You are hereby required to appear before me/the Pangkat on the ______ day of
_________, 19____, at ________ o’clock in the morning/afternoon to explain why you
failed to appear for mediation/conciliation scheduled on _____________, 19____ and
why your complaint should not be dismissed, a certificate to bar the filing of your action
on court/government office should not be issued, and contempt proceedings should not
be initiated in court for willful failure or refusal to appear before the Punong Barangay/
Pangkat ng Tagapagkasundo.
This ________ day of ___________, 19____.
_____________________________
Punong Barangay/Pangkat Chairman
(Cross out whichever is not applicable)
Notified this _________ day of ________, 19_____.
Complainant/s
__________________
__________________
Respondent/s
__________________
__________________
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4
24. What is the nature of the Katarungang Pambarangay
proceedings?
•
KP proceedings are PUBLIC AND INFORMAL.
•
However, the lupon chairman or the pangkat
chairman, as the case may be, may motu
proprio or upon request of a party, EXCLUDE
the public from the proceedings in the interest of
privacy, decency or public morals.
25. If the parties agree to an amicable settlement of their
dispute, what are the formal requirements for the
amicable settlement?
•
The amicable settlement must be:
•
In writing
•
In a language or dialect known to the parties
•
Signed by them, and
•
Attested to by the lupon chairman
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KP FORM # 16 AMICABLE SETTLEMENT
4
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
___________________
Barangay Case No. ________________
___________________
For: ____________________________
Complainant/s_________________________
__________________________
— against —
__________________
__________________
Respondent/s
AMICABLE SETTLEMENT
We, complainant/s and respondent/s in the above-captioned case, do hereby
agree to settle our dispute as follows:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
____________________________________________
and bind ourselves to comply honestly and faithfully with the above terms of
settlement.
Entered into this ______ day of __________, 19_______.
Complainant/s
___________________
___________________
Respondent/s
__________________
__________________
ATTESTATION
I hereby certify that the foregoing amicable settlement was entered into by
the parties freely and voluntarily, after I had explained to them the nature and
consequence of such settlement.
______________________________
Punong Barangay/Pangkat Chairman
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26. Are there certain issues which cannot be the subject
matter of a compromise agreement?
•
Yes. As a rule, the parties can agree on
whatever clause, agreement or stipulation
provided it is not contrary to law, morals, good
customs, public order, and public policy. Hence,
the following issues are not subject to
compromise:
-----------
Civil status of persons;
Validity of a marriage or a legal
separation;
Any ground for legal separation;
Future support; and
Jurisdiction of courts
27. What is a Certificate to File Action?
•
This is the document issued by the Lupon
Secretary or the Pangkat Secretary and
attested by the Punong Barangay or Pangkat
Chairman. 28. When is the certificate issued?
•
This is issued when:
-----
---
No settlement was agreed upon between
the disputing parties;
There is such a settlement but later
repudiated by the complainant because
his consent to the agreement was
obtained through fraud, violence,
intimidation;
When the respondent failed to appear or
refused to attend a hearing without a
valid reason. The issuance of a
Certificate to File Action is a ministerial
duty.
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KP FORM # 20 CERTIFICATE TO FILE ACTION
(IF SETTLEMENT IS REPUDIATED)
4
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
___________________
Barangay Case No. ________________
___________________
For: ____________________________
Complainant/s____________________________
___________________________
— against —
__________________
__________________
Respondent/s
CERTIFICATION TO FILE ACTION
This is to certify that:
1. There has been a personal confrontation between the parties before the
Punong Barangay/Pangkat ng Tagapagkasundo;
2. A settlement was reached;
and
3. The settlement has been repudiated in a statement sworn to before the
Punong Barangay by ______________ on ground of ______________;
4. Therefore, the corresponding complaint for the dispute may now be
filed in
court/government office.
This _________ day of __________, 19____.
___________________
Lupon Secretary
Attested:
__________________
Lupon Chairman
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4
KP FORM # 21 CERTIFICATE TO FILE ACTION
(FAILURE OF SETTLEMENT)
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
___________________
___________________
Complainant/s
— against —
__________________
__________________
Respondent/s
Barangay Case No. ________________
For: ____________________________
____________________________
______________________________
CERTIFICATION TO FILE ACTION
This is to certify that:
1. There has been a personal confrontation between the parties before the Punong Barangay but the mediation failed;
2. The Pangkat ng Tagapagsundo was constituted but the personal
confrontation before the Pangkat likewise did not result into a
settlement; and
3. Therefore, the corresponding complaint for the dispute may now be filed in
court/government office.
This _________ day of __________, 19____.
Attested:
__________________
Lupon Chairman
___________________
Pangkat Secretary
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KP FORM # 22 CERTIFICATE TO FILE ACTION
(REFUSAL TO APPEAR BEFORE THE PANGKAT)
4
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
___________________
Barangay Case No. ________________
___________________
For: ____________________________
Complainant/s ____________________________
____________________________
— against —
__________________
__________________
Respondent/s
CERTIFICATION TO FILE ACTION
This is to certify that:
1. There was a personal confrontation between the parties before the
Punong Barangay but mediation failed;
2. The Punong Barangay set the meeting of the parties for the constitution of
the Pangkat;
3. The respondent willfully failed or refused to appear without justifiable
reason at the conciliation proceedings before the Pangkat; and
4. Therefore, the corresponding complaint for the dispute may now be filed
in court/government office.
_________________
Pangkat Secretary
Attested by:
___________________
Pangkat Chairman
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4
29. What are the requirements before Certificates to File
Action, to Bar Action, or to Bar Counter-Claim are
issued?
•
A hearing should be set and conducted by the
Punong Barangay or Pangkat Chairman to give
the absent party an opportunity to explain the
reasons for his absence.
•
When the Punong Barangay determines that
such failure to attend was intentional and with
no good reason then he shall direct the
secretary to issue the applicable and proper
certificates.
30. It has been said that another method of dispute
resolution method used in the Katarungang
Pambarangay is arbitration, what is meant by that?
•
ARBITRATION means a voluntary dispute
resolution process in which one or more
arbitrators, appointed in accordance with the
agreement of the parties, or rules promulgated
pursuant to the law, resolve a dispute by
rendering an award (Sec. 3[d], RA No. 9285).
31. When will arbitration come about?
•
At any stage of the proceedings, the parties
may, agree in writing that they shall abide by the
arbitration award of the lupon chairman or the
pangkat. The agreement to arbitrate may be
repudiated within five (5) days from the date
thereof for the same grounds and in accordance
with the procedure herein prescribed.
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Chapter
KP FORM # 14 AGREEMENT FOR ARBITRATION
4
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
___________________
Barangay Case No. ________________
___________________
For: ____________________________
Complainant/s _____________________________
_____________________________
— against —
__________________
__________________
Respondent/s
AGREEMENT FOR ARBITRATION
We hereby agree to submit our dispute for arbitration to the Punong Barangay/
Pangkat ng Tagapagkasundo (Please cross out whichever is not applicable) and bind
ourselves to comply with the award that may be rendered thereon.
We have made this agreement freely with a full understanding of its nature and
consequences.
Entered into this _____ day of _________, 19____.
Complainant/s
___________________
___________________
Respondent/s
__________________
__________________
ATTESTATION
I hereby certify that the foregoing Agreement for Arbitration was entered into by the
parties freely and voluntarily, after I had explained to them the nature and the
consequences of such agreement.
______________________________
Punong Barangay/Pangkat Chairman
(Cross out whichever one is not applicable.)
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4
32. What are the steps that are usually followed in arbitration?
STEP 1 –
The arbiter orders the secretary to call the case;
STEP 2 -
The secretary identifies and enters into record
all appearances from both parties;
STEP 3 –
The arbiter calls the complainant to present his/
her evidence. A person who is to give testimony
before an arbitration proceeding shall be sworn
to an oath to tell the truth and nothing but the
truth.
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STEP 4 -
When a witness is necessary, he/she is
summoned to testify before the proceeding;
4
STEP 5 –
The arbiter calls the respondent to present his/
her defense; present evidences and witnesses; in the manner
afforded to the complainant;
STEP 6 After the parties have completed their presentation, the case is closed for
resolution/decision. At this stage, the adjudicative trial is completed;
WALANG
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4
33. In arbitration, what is the period of time given to
arbitrators to hand down the decision or award?
•
The Decision or Award must be handed down
to the parties within fifteen (15) days but not
later than six (6) days from the date of the last
hearing. Within five (5) days thereafter, the
secretary shall furnish a copy of the arbitration
award to the parties; keep a file at the lupon
office and furnish a copy to the city/municipal
court.
KP FORM # 15 ARBITRATION AWARD
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
___________________
Barangay Case No. ________________
___________________
For: ____________________________
Complainant/s ________________________________
________________________________
— against —
__________________
__________________
Respondent/s
ARBITRATION AWARD
After hearing the testimonies given and careful examination of the evidence presented in this case, award is hereby
made as follows:
__________________________________________
__________________________________________
__________________________________________
Made this _____ day of _____________, 19____ at _______________.
______________________________
Punong Barangay/Pangkat Chairman *
__________________
Member
_________________
Member
ATTESTED:
___________________________
Punong Barangay/Lupon Secretary **
* To be signed by either, whoever made the arbitration award.
** To be signed by the Punong Barangay if the award is made by the Pangkat
Chairman, and by the Lupon Secretary if the award is made by the Punong
Barangay.
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34. If a party is aggrieved of the decision or award, what
must he do?
•
The parties are given ten (10) days to nullify the
decision. After ten (10) days, the decision be
comes FINAL AND EXECUTORY.
35. How is amicable settlement or arbitration award or
decision executed?
•
There are two tiers in the execution process: first, execution is done by lupon, and then ex
ecution by the appropriate city or municipal
court.
Execution by the lupon may be done within 6 months from the
date of settlement. After the lapse of 6 months from the date
of settlement, execution is done by action in the appropriate
city or municipal court.
36. What is the timeline of the whole execution process?
EXECUTION BY THE LUPON
DATE OF
SETTLEMENT
•
•
EXECUTION BY COURT ACTION
6 MONTHS
The time line of six months should be computed
from the date of settlement.
EXCEPTION: If the obligation to be enforced
is due and demandable on a date other than the
date of the settlement, the six-month period
should be counted from the date the obligation
becomes due and demandable (Ma. Theresa
Vidal et. al. vs. Ma. Theresa Escueta, G.R.
No. 156228, Dec. 10, 2003).
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4
37. What are some examples of counting the six-month
period?
1)
A promised to settle his debt on the date of
signing the amicable settlement. Date of
settlement is on May 8, 2012. Last day for
execution by the lupon is on November 8, 2012.
2)
A promised to settle his debt on the July 1, 2012. Date of settlement is on May 8, 2012. Last day
for execution by the lupon is on January 1, 2013.
38. What is the procedure of execution by the lupon?
•
Party interested in the execution files a motion
for execution with the Punong Barangay.
•
Punong Barangay conducts hearing on the date
assigned by the movant. Date shall not be later
than five (5) days from the filing of motion.
•
During the hearing, the Punong Barangay shall
ascertain the facts for the non-compliance of
settlement and strongly encourage the party
obliged to comply with settlement.
•
After the lapse of five (5) days with no voluntary
compliance, the Punong Barangay shall issue a
notice of execution.
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KP FORM # 25 MOTION FOR EXECUTION
4
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
___________________
___________________
Complainant/s
— against —
__________________
__________________
Respondent/s
Barangay Case No. ________________
For: ____________________________
_______________________________
_______________________________
MOTION FOR EXECUTION
Complainant/s/Respondent/s state as follows:
1. On _____________ (Date) the parties in this case signed an amicable settlement
received the arbitration award rendered by the Lupon/Chairman/ Pangkat ng
Tagapagkasundo;
2. The period of ten (10) days from the above-stated date has expired without any of
the parties filing a sworn statement of repudiation of the settlement before the Lupon
Chairman a petition for nullification of the arbitration award in court; and
3. The amicable settlement/arbitration award is now final and executory.
WHEREFORE, Complainant/s/Respondent/s request that the corresponding writ of
execution be issued by the Lupon Chairman in this case.
_______________
(Date)
_______________________
Complainant/s/Respondent/s
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4
KP FORM # 27 NOTICE OF EXECUTION
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
___________________
___________________
Complainant/s
________________________________
________________________________
— against —
__________________
__________________
Respondent/s
NOTICE OF EXECUTION
Barangay Case No. ________________
For: ____________________________
WHEREAS, on ______________(date), an amicable settlement was signed by the parties in
the above-entitled case [or an arbitration award was rendered by the Punong Barangay/
Pangkat ng Tagapagkasundo];
WHEREAS, the terms and conditions of the settlement, the dispositive portion of the award.
read:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________
The said settlement/award is now final and executory;
WHEREAS, the party obliged ________________ (name) has not complied voluntarily with
the aforestated amicable settlement/arbitration award, within the period of five (5) days from
the date of hearing on the motion for execution;
NOW, THEREFORE, in behalf of the Lupong Tagapamayapa and by virtue of the powers
vested in me and the Lupon by the Katarungang Pambarangay Law and Rules, I shall cause to
be realized from the goods and personal property of __________________ (name of party
obliged) the sum of _________________ (state amount of settlement or award) upon in the
said amicable settlement [or adjudged in the said arbitration award], unless voluntary
compliance of said settlement or award shall have been made upon receipt hereof.
Signed this _________ day of ___________, 19____.
___________________
Punong Barangay
Copy furnished:
____________________
____________________
Complainant/s
___________________
___________________
Respondent/s
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39. What are the different modes of execution?
4
PAYMENT OF MONEY

The actual execution may be in the form of
money, but in case of failure to comply
voluntarily with the settlement, the Punong
Barangay shall take possession of sufficient
personal property of the party obliged.
The property can be sold and the proceeds ap
plied to the amount.
POSSESSION OF PROPERTY

If the property is located in the barangay, the
Punong Barangay shall oust from the property
the person against whom the settlement or
arbitration award is rendered.

If the property is outside the barangay, but
within the same city/municipality, the Punong
Barangay shall authorize other Punong
Barangay to take possession and act in
accordance with the preceding paragraph.
CONVEYANCE OF LAND, DELIVERY OF DEEDS OR
OTHER DOCUMENTS OR PERFORMANCE OF ANY
SPECIFIC ACT

The Punong Barangay may direct the secretary
to perform the act at the cost of the disobedient party. Costs will be charged to the disobedient party.
40. How is execution by court action done?
•
By filing a motion for the issuance of a writ of
execution by the party.
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41. What is the possible action of the court on the
motion?
•
The court may grant it by issuing a writ of
execution and ordering the sheriff to obtain
compliance of judgment from the other party.
Issuance of writ is ministerial duty of the court.
42. Can an amicable settlement or arbitral decision or
award be repudiated?
•
Yes. Any party to the dispute may, within ten(10)
days from the date of settlement, REPUDIATE
the same by filing the lupon chairman a
statement to that effect sworn to before him,
where the consent is vitiated by fraud, violence,
or intimidation. Such repudiation shall be
sufficient basis for the issuance of the
certification for filing a complaint.
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ENDNOTES
Judge Eliza B. Yu, LLM, DCL, A Primer on the Barangay Justice
with ADR Law, Central Book Supply, Inc., 2010, p.1.
Judge Eliza B. Yu, LLM, DCL, A Primer on the Barangay Justice
with ADR Law, Central Book Supply, Inc., 2010, p.1. citing Cecilio
Pe and Alfredo Tadiar, Katarungang Pambarangay: Dynamics of
Compulsory Conciliation, UST Press, 1979, p.5.
Ibid.
Rule II (1), Katarungang Pambarangay Rules
Sec. 399, Chapter VII, RA No. 7160 (The Local Government
Code of 1991)
Sec. 400, Chapter VII, RA No. 7160 (The Local Government
Code of 1991)
Sec. 401, Chapter VII, RA No. 7160 (The Local Government
Code of 1991)
Sec. 402, Chapter VII, RA No. 7160 (The Local Government
Code of 1991)
Sec. 403, Chapter VII, RA No. 7160 (The Local Government
Code of 1991)
Sec. 404 (a), Chapter VII, RA No. 7160 (The LocalGovernment
Code of 1991)
Sec. 405, Chapter VII, RA No. 7160 (The Local Government
Code of 1991)
Sec. 404 (b), Chapter VII, RA No. 7160 (The Local Government
Code of 1991)
Sec. 408, Chapter VII, RA No. 7160 (The Local Government
Code of 1991)
Judge Eliza B. Yu, LLM, DCL, A Primer on the Barangay
Justice with ADR Law, Central Book Supply, Inc., 2010, p.17.
Farrales vs. Judge Camarista, A.M. No. MTJ-99-1184, March 2,
2000
Paragraph 1, Supreme Court Administrative Circular 14-93
Judge Eliza B. Yu, LLM, DCL, A Primer on the Barangay
Justice with ADR Law, Central Book Supply, Inc., 2010, p.19.
Sec. 409 (d), Chapter VII, RA No. 7160 (The Local Government
Code of 1991)
59
PHILIPPINE CENTER FOR CIVIC EDUCATION AND DEMOCRACY
PCCED Board of Trustees
Dr. Clement Camposano, Chairperson
Dr. Paul Dumol, Vice Chairperson
Dr. Fe Gladys Golo, Treasurer
Ms. Vida Gruet, Secretary
Atty. Gregorio Austral, Member
Dr. Ernesto Grio, Member
Ms. Rowena Hibanada, Member
Ms. Sophia Marco, Member
Dr. Ferdinand Pingul, Member
PCCED Program Management Team
Reynald Trillana
Executive Director
Monica Ang
Joseph Emmanuel Lansang
Program Managers
Raiza Cusi
Shailoe Peredo
Program Officer
Janelle Monsanto
Program Assistant
Vina Antonio
Finance and Administrative Officer
Contact Us
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Website: www.pcced.org.ph
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