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232607386-Police-Ethics-1

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VALUES – ideas and concepts within each of us that we deem important.
Help us decide from right or wrong, and help define who we are and
what we stand for. It originates from families, traditions, religion,
elders and friends. They are formed early in life, and are reinforced by
our life experiences. Hard to change when established.
Organizational values – either formal or informal. Formed by the people
who worked within the group and developed much the same as an
individual develops their own value system.
Good value system in a police agency
 Honesty and integrity
 Respect for human rights
 Professionalism
 Strong sense of justice
 Desire to help and serve others
 Patriotism
 Selflessness
ETHICS – standards of conduct and moral requirements necessary to
function effectively within an organization or profession.
– specific mission to maintain peace order
- Lawful power to arrest person
- Investigate
- Use of force in lawful manner
Ethics (law enforcement) – honest & honorable service to the
community rather than working for personal gain or individual profit
CHALLENGES TO POLICE ETHICAL BEHAVIOR
1. Individual character changes – personal flaws and defect –
dishonesty, greed, brutality corruption. Code of Conduct and Ethical
Standards of Police Officer
2. Organizational challenges – police ethics within an organization
Police corruption (individual) – acceptance of bribe and gratuity in
exchange for not undertaking an official function; bribe in
exchange for not enforcing the law.
(within the org)- “protection” rackets, engaging in
theft, offering “insurance”, engaging in acts of murder (summary
execution)
CODE OF CONDUCT FOR LAW ENFORCEMENT OFFICIALS
1. Law enforcement officials shall at all times fulfill the duty imposed
upon them by law, by serving and by protecting all persons against
illegal acts, consistent with the high degree of responsibility
required by their profession.
2. In the performance of their duty, law enforcement officials shall
respect and protect human dignity and maintain and uphold the
human rights of all persons.
3. Law enforcement may use force only when strictly necessary and
to the extent required for the performance of their duty.
4. Matters of a confidential nature in the possession of law
enforcement officials shall be kept confidential, unless the
performance of duty or the needs of justice strictly require
otherwise.
5. No law enforcement officials may inflict, instigate, or tolerate any
act of torture or other cruel, inhuman or degrading treatment or
punishment, nor may any law enforcement official invoke superior
orders..as justification of torture or other cruel, inhuman, or
degrading treatment or punishment.
6. Law enforcement officials shall ensure the full protection of the
health of persons in their custody and, in particular, shall take
immediate action to secure medical attention whenever required.
7. Law enforcement officials shall not commit an act of corruption.
They shall rigorously oppose and combat all such acts.
8. Law enforcement officials shall respect the law and the present
Code. They shall also, to the best of their capability, prevent and
rigorously oppose ant violation of them
PNP PROFESSIONAL CONDUCT
1. Commitment to democracy – principle of public accountability.
Loyalty to country/people
2. Commitment to public interest – avoid waste of public funds &
revenues
3. Non-partisanship – provide service to everyone regardless of
status, gender, age
4. Physical fitness and health
5. Secrecy discipline – confidentiality of info against unauthorized
disclosure
6. Social awareness – to be involved in civic activities
7. Non-solicitation of patronage
8. Proper care and use of public property
9. Respect for human rights – excessive use of force, arbitrary
arrests, extra-judicial killings, torture, etc.
10. Devotion to duty – dedication, thoroughness, efficiency,
enthusiasm, determination
11. Conservation of natural resources – natural resources and
ecological balance
12. Discipline – obedience, follow PNP rules and regulations
13. Loyalty – devoted, faithfulness, trustworthy – to the constitution &
police service
14. Obedience to superior – obey lawful orders only. Follow chain of
command.
15. Command responsibility – responsible for the effective
supervision, control and direction of personnel under them and to
be answerable for their actions.
PNP POLICE OFFICER’S CREED (doctrine)
1. I believe in God
2. I believe that respect for authority is duty – uphold the constitution.
obey legal orders
3. I believe in selfless love and service to people.
4. I believe in the sanctity of marriage and family life.
5. I believe in the responsible dominion (power) and stewardship
(taking care of another persons’ property) over material things
6. I believe in the wisdom of truth
MORALITY – area of knowledge concerned with principles of right and
wrong behavior, and establishing and conforming to such principles
Importance of Ethics in Law Enforcement – broader authority and
responsibility than any other govt agency. Responsibility-life and
death sit’n. – power and control over the public
LAW ENFOCEMENT CODE OF ETHICS
A. Performance of the duties of a police officer
1. Impartiality – fairness, neutrality, without favor. Everybody will
be treated equally and with courtesy, consideration and dignity.
2. Professionalism – highly trained – never allow personal
feelings, hatred, friendship to influence official conduct
B. Discretion (judgment)
1. reasonableness – rationality - use discretion vested in the
position and exercise within the law. Consider all surrounding
circumstances in determining whether any action shall be taken
2. Maintenance of public confidence – professional policing
competence will bring the police closer to the people and win
their trust and confidence. Word of advice instead of arrest can
be more effective means of achieving desired end.
C. Use of force – should only be used in the discharge of duty
whenever reasonable under the circumstances. Should only be
used only if all means to subdue the person arrested is found to be
inappropriate or ineffective.
D. Confidentiality – privacy, secret in nature, for select group.
Whatever a police officer sees or hear or learn of which is of a
confidential in nature should be kept unless required due to legal
provisions or performance of official duty.
E. Integrity – honesty, truthfulness, honor, reliability – respect by the
public can not be bought. It can only be earned and cultivated.
Police officers should not engage in corruption, bribery or condone
(ignore) such acts by fellow police officers.
F. Cooperation with other offices and agencies - legally
authorized agencies and their representatives in the pursuit of
justice. Bilateral or mutual agreements
G. Personal and professional capabilities – own standard of
professional performance and to enhance and improve their level
of knowledge and competence through training and experience.
H. Private life – behave in a manner that will not bring discredit or
shame to organization or office where he belongs. Manner should
always be exemplary (ideal, correct, perfect) and beyond reproach
(reprimand, criticism).
CORRUPTION AND MISCONDUCT
Corruption – officer’s misuse of police authority for personal gain
Misconduct – non-conformity with police obligations. It encompasses
corruption and host of other misdeeds.
Integrity – an uncompromising adherence to a set of values
BRINGING CORRUPTION OUT OF THE CLOSET
How corruption is viewed
1. Police View – as a subject to be avoided. Often, the less said, the
better. Recognized it as a chronic problem, but not all concede that
it’s a serious one.
2. Public view – police wrongdoings often arouses a public a feeling of
betrayal. Citizens expect officers to be trustworthy and dependable
and not collaborating with criminals.
3. Police Agency action – mist develop policies and guidelines for
performance; must use preventive controls such as a solid inspection
system to discover problems before they happen. No code of
protective silence.
Blind Loyalty of Police Officers
1. The bond of brotherhood – comradeship and esprit de corps is
stronger in law enforcement than in most other occupations.
2. Development of trust – street has a way of demanding camaraderie.
– “taking care of your own” assumes special meaning. Watch out and
trust your partners.
Tolerance for corruption – code of silence, no snitching or
divulging information on fellow officers. Refusal to implicate
other fellow officers.
Supervisors and police corruptions – police corruption is ignored to
make the department “look good”
“Bad cops” – these are cops who does not have regards to others and
his sworn duties and responsibilities. He only cares for himself and
what he can personally gain from the police service. If one is going to
be a police officer and be good at the job, he or she must have the
courage to stand up for want is right in all situations.
Forms of police corruptions
1. Negotiable graft – mutual bargaining behavior engaged in between
officers and criminals.
2. Extortion – practice of solicitation of money or favors by officer in
return for ignoring violations of the law. Victimless crimes are the
usual targets – gambling, prostitution
3. Acceptance of petty bribes – ex: drivers fold money, along with their
driver’s license, in a plastic container before passing it to the officer.
4. Taking kick-backs and similar rewards – establishing relationships
with business can provide additional opportunities for income. Officers
who refer customers to these businesses can receive a kickback.
(undertakers, bondsmen, lawyers, tow truck drivers, funeral parlors)
5. Opportunistic theft – theft that arises naturally out of the
performance of an officer’s routine duties. Ex: officer investigating the
scene of burglary and finds money in a drawer, will list the money as
stolen and pockets it.
6. Taking bribes from other officers – street officers pay admin
officers to falsify attendance records, influence vacations and day off,
and report them to be on duty when they are not, in exchange for
material gain or pay off which was taken from corrupt practices by
these street officers.
Damages Done by Corruption
1. Facilitation of crime – ex: when police protect drug traders, they are
allowing drug dealing to proceed unchecked, thereby damaging the
lives of the citizens.
2. Erosion of public confidence - when corruption is exposed and is
believed to exist, the public feels both betrayed and vulnerable and
trust and support for the police erodes.
3. Interference with departmental efficiency and effectiveness –
corruption interferes with sound management organization therefore
such police organizations are organizationally rigid and such rigidity
limits innovation and prevents the promotion of officials who are not
bound to the status quo.
4. No control of misconduct of subordinates by supervisors – a
supervisor who solicits or accepts bribes cannot or will not control
misconduct by subordinates. He lacks the moral authority to compel
obedience of maintain satisfactory levels of discipline & productivity.
Impairment of Departmental Morale
1. Psychological price for officers – honest officers may have to go
about their daily police duties knowing that many citizens consider
them crooks in uniform.
2. De-motivation – corruption is the first cousin of favoritism and
nepotism, many officer in depts. where corruption has long existed
will probably be convinced that the department is not fairly run.
3. Imposition of new rules and regulations – when a scandal is
uncovered, the department may respond by imposing new rules and
regulations, as if the absence of prohibitions were what caused the
officers to become corrupt which will cause skepticism among the
rank and file.
Conditions that Breeds Corruption
1. Lax community standards
a. Corruption is a product of the community – police behavior
simply mirrors the ethics of the larger community. Governmental and
societal corruption can spill over into policing.
b. Development of cynicism (distrust) by officers – citizens who are
willing to pay corrupt officers to overlook the law (avoiding traffic
ticket/ violation), other officers come to see themselves as operating
in a world of corruption.
c. Hesitation of the police chief – some police chiefs hesitate to deal
with corruption within his rank for fear the once it is exposed, the
public will exaggerate its scope, thereby damaging the chief’s and
dept’s reputation.
d. Lack of support from prosecutors and courts – police see their
efforts to enforce the law and to control crime thwarted by
prosecutors who dismiss cases or reduce charges for reasons of
“technicalities” and preoccupation of petty details.
Temptations faced by law enforcement Officers
 LE is no place for a weak character who will give in to unethical or
criminal behavior
 LE is not a high-paying job and LE officers become demoralized by
low pay, poor working hours, uncaring citizens so they feel justified
in doing something unethical because “others do it”.
 Each department should adopt a clear, objective use of force,
standards that establish exactly what level of force may be
employed to repel an attack or protect the life of another.
Gratuity – something given voluntarily in return of ir in anticipation of a
favor or service.
Ways to avoid gratuities
a. Vary your habits – take breaks, eat meals and fill out reports at
different times of the day.
b. Develop set responses for avoiding the offer of free coffee
c. Develop set responses for declining free of half-priced food
Perjury – lying under oath
a. Justifiable deception – police can tell lies under the following
premise: decoy officers, undercover investigation, interviewing and
interrogating suspects.
b. Unjustifiable deception – distortion of the truth for any selfserving reason (ex: exaggerating the circumstances surrounding an
incident to establish probable cause for an arrest, to the detriment
of the accused)
Ticket fixing – an officer does something to have a traffic ticket
canceled or permits a traffic offender to escape lawful process.
Ethical responsibilities a supervisor has in combating corruption
1. Responsibility to the community – same duties to the community
as all citizens: pay taxes, vote, participate in community activities,
serve on juries and live as civic members of the community.
a. Compliance with a higher standard of responsibility standard based on understanding that police are afforded much
power and authority, therefore, held to a greater responsibility.
Responsibility which includes conscientious leadership.
b. Acceptance of responsibility – Since they are sought as role
models, they should accept responsibility of providing leadership
within their community.
2. Responsibility to LE – every police officer is a member of an
everlasting brotherhood. They should give their best effort for a
worthy cause, give justice and protection to the innocent. They
should be dedicated and sincere and committed to his profession.
3. Responsibility to citizens
a. Development of bond with citizens – LE will always be the
profession that people call upon when faced with a crisis.
Sincerity and confidence bond citizens to LE.
b. Provision of professional service – responsibility extends
beyond protection of the innocent to providing professional,
respectful service.
The supervisor’s role in ethics and combating corruption
1. Ethical responsibilities
a. Role models – agency must provide procedures which help the
honest to stay honest and the dishonest to be found out.
b. Encouragement of loyalty – encourage teamwork, loyalty and
comradeship; counteract unethical conduct. Supervisors should
be worthy of respect and should have a positive attitude that
will radiate to his subordinate.
2. Combating corruption and fostering integrity
a. Speaking out – shall tell to subordinates that the only honest
money is the paycheck. To be credible to your subordinates,
mean what you say. Statements of condemning corrupt officers
should offer comfort to the honest and dedicated ones.
b. Internal audience – “leadership by example”. The supervisor
should set a good example to the officers in his department so
that these men will be influenced.
c. External audience – these are the public’s point of view based
from what he perceives on the LE.
d. Internal action
1) Fixing the problem – the focus should be on fixing
problem (ex: corruption) and not on who to blame. Good
values should be articulated by the chief and reinforced by
all of his managers.
2) Accountability – holding the chief answerable for the
misconduct of his subordinates, make a department with
serious corruption reformed.
3) Accountability in detective units – make more rigorous
supervision in detective units and supervisors should work
over or above their personnel and not along side with them.
4) Actions of the leaders – accountability can be
strengthened through adjustments to minimize the span of
control of supervisors that will allow for close evaluation and
monitoring of every subordinate.
5) Improving the use of discretion - increased accountability should lead to the improved use of personal judgment
by the officer especially in the decision of arrest.
a) Clear explanation of discretion – description of
description must be clear in directives and in policy as
well as taught in scenario-based, decision-making
training at both the entry and in-service levels.
b) Study of evaluative procedures – constantly review
their evaluative standards for performance indicators;
move away from quantity of arrest and subsequent
reductions in the incidence of the crime.
6) Promoting integrity through training
a) Recruit training programs – recruits are schooled on
the temptations that exist in the real world and provided
with ways of avoiding these pitfalls.
b) Results of no training, or poor training –without
proper training can be drawn into web of corruption and
they are involved before they know it. Training must
emphasize more on legal obligations and department
values.
c) In-service training programs – helps reinforce initial
entry-level ethics training received by the officers.
d) Agency policy manuals – must clearly contain policy
and associated guidelines that promote ethical behavior
among department members that contains stringent but
realistic rules of conduct and sanctions for violations.
US: The Mollen Commission (1992-Milton Mollen – Comm. Head) –
the NY Commission to investigate allegations of police corruptions and
the anti-corruption procedures of the police department.
Findings and recommendations of The Mollen Commission
A. The Character of Corruption
1. Corruption and drugs
a. Drug trade is the primary root for majority of police corruption
b. Police stealing money & drugs from drug dealers
c. Police is protecting drug dealers
d. Police participating in drug trade
B. The new character of corruption
1. 20 yrs ago, minor corruption is widespread. Today, fewer
corruption but the level is much greater. Officers may raid drug
houses, stealing items without making arrest.
2. “Crew” corruption – involves group of corrupt officers called
crews.
3. Methods to create corruption – corrupt officers sought out new
opportunities for corruption, like listening to police radio calls.
4. Methods to escape detection – elaborate scheme for accepting
bribes, regular pick-ups at clandestine locations. Code words
were used to warn each other of the presence of “non-corrupt
cops” or internal affairs investigators. Cops would convince their
victim not to report the crime for no one will believe them.
5. Perjury and falsifications – most common form of corruption is
perjury or “testifying”. Falsification of reports to make an illegal
arrest appear legal and/or comply with departmental regulations.
6. Police violence and brutality – officers involved in other forms of
corruption were 5x as likely to engage in acts of violence against
citizens and they were less likely to report it than almost any other
form of corruption and felt that it was a reality in policing.
7. Mixed motives behind corruption
a. Money – primary motive
b. Ability to exercise power over one’s environment
c. To experience excitement and thrill
d. To gain acceptance with peers
e. To vent frustrations over the inability to stem the flow of crime
f. To administer their own version of street justice to overcome an
ineffective judicial system.
C. Police culture and corruption – code of silence. Honest cops afraid
to tell even the worst cases of corruption for fear of reprisal from
fellow officers. Mentality of the cops against everybody else or the US
vs. THEM mentality was strongest in the city were corruption is at its
worst
D. The collapse of the department’s corruption controls – finding
corruption within the department was viewed as a breakdown in
management. Internal Affairs Unit becomes ineffective as its result.
E. Recommendations for reform –
1. Commitment to integrity - officers must be committed to
loyalty to the agency, above their loyalty to each other. There
should be Integrity Training beginning to the police academy and
continues during in-service training.
2. Recruitment and screening – majority of dismissed officers had
issues in their background that should have been prevented their
hiring in the first place.
3. Drug testing – random, unannounced drug testing is
recommended.
4. Command accountability – hold commanders accountable for
corruption within their ranks, and reward them for aggressively
investigating allegations and taking appropriate action.
5. Internal Affairs operations – do a more detailed and lengthy
part of the report
a. Recruit qualified investigators to improve the quality and
reputation of the investigators.
b. Intel gathering operations – recruit good informant and
undercover officers. Persons who gave info must be
assured of their anonymity.
c. Investigative approach - pursue corruption with the same
intensity of criminality activity outside the department. Use
same methods – informants, electronic surveillance,
undercover operations. Increase use of integrity testing.
d. Every allegations of misconduct should be logged and
receive a case number.
e. Allegations of serious misconduct should be investigated
and reviewed by supervisors and command members prior
to closing.
6. Community outreach – educate community about corruption
hazards and their role in reducing corruption. Provide them with
procedures for reporting it.
Police officers are part of an elite group that is given immense
authority and responsibility. Supervisors must serve as positive role
models for their officers and encourage dedication and loyalty to the
department. Therefore, having high moral and ethical standards is
particularly crucial for the police supervisors and manager.
Our society has little sympathy for corruption or injustice when it
applies to police officers. Consequently, police leaders must take
appropriate action when one of their officers engages in unethical
conduct or criminal activity. The badges of the good officers are tarnished
every time bad officers are allowed to remain in the profession and
flourish. Swift punishment should be a certainty for any officer violating
the department’s ethical standards.
It is true that police officers are faced with many temptations
throughout their careers. Some officers succumb because they have lost
a sense of worth and self-respect. However, officers have to love with
their consciences. All police officers have both a responsibility to
themselves and to their profession. True dedication to the ethics of your
profession makes temptations easier to resist.
POLICE COMMUNITY RELATIONS
DEFINITION OF TERMS
POLICE – group of persons established, maintained and organized for
keeping order, safety, protection of loves and properties and for
prevention and detection of crimes
COMMUNITY – refers to civilian populace in cities, municipalities or
public in general, and shall be used interchangeably with public,
citizenry, society, or private sector
POLICE IDEAL – expected essence of perfection, sympathetic,
courteous, intelligent, honest, and in control of his emotions and
temper, at all times. It also includes courage and highest sense of
dedication to duty.
PERSONAL MEDIA – implies the use of rallies, meetings, speeches, and
house to house visits to the community
MASS MEDIA – implies he use of radio, television, and motion pictures in
transmitting information to the public.
BARANGAY – basic political unit of the Filipino nation that implements
the policies of the national and local governments
PROPAGANDA – planned use of public or mass communication for
public purpose
POLICE COMMUNITY RELATIONS – sum total of dealings between the
police and the people it serve and whose goodwill and cooperation ti
craves for the greatest possible efficiency in the service.
PHILOSOPHY OF LAW ENFORCEMENT
1. The primary object of an efficient police officer is the prevention of
crime; the next that of detection and punishment of offenders of crime
is committed. To this ends, all the efforts of the police must be
directed.
2. The protection of life and properties, the preservation of public
tranquility, and the absence of crime will alone prove whether those
efforts have been successful, and whether the objects for which the
police were appointed have been maintained.
3. Every member of the police force must remember that his duty is to
protect and help members of the community, no less tan to
apprehend guilty persons.
4. Consequently, while prompt to prevent crime and arrest criminals, he
must consider himself as a servant and guardian of the community
and treat all law-abiding citizens, irrespective of their social position
with unfailing patience and courtesy.
5. The police office in this way, secures the object he has planned is a
more useful police officer than his comrade who relying too much on
the assertion to his authority, runs the risk of seeing that authority
challenged, and possibly, for the time being, overborned.
6. If persuasion proves unavailing, a resort to force may become
necessary, as it is imperative that a police officer on being required to
take action shall act with the firmness necessary to render his action
effective.
OBJECTIVES OF PCR
1. To maintain and develop the goodwill and confidence of the
community for the police
2. To obtain cooperation and assistance.
3. To develop public understanding, and support and appreciation for
the service of the police
4. To create broader understanding and sympathy with the problems
and needs of the police
5. To facilitate law enforcement and compliance
6. To build public opinion in favor of the police
7. To achieve the police purpose of preserving the peace, protection of
live and property and the prevention of crime.
INTERNALIZING COMMUNITY RELATIONS
1. Making entire departments do what police-community relations do.
2. Weakening law enforcement.
3. Close involvement with partisans politics-mobilizing support for policecommunity relations.
4. “Bending” to community pressures – responsiveness to community
needs and demands is not interpreted as bargaining away the police
mandate.
5. Turning police officers into social-workers (social interactions)
WHAT THE CONCEPT DOES MEAN
1. Reviving the ideas of “the people’s police” – on-going communication
between people and police
2. A more reasoned for police work – as mandated by the law – legal.
3. A deeper, more comprehensive interest in human life – to operate
with humanity and compassion, to help in resolving human problems
4. An acceptance of the view that “relations” is a process, not a product.
TYPES OF PCRs
1. Public Information Program – designed to bridge any commo gap
between police and public.
2. Public Relation Program – maintain harmony and mutual support
between the police and community
3. Civic Action Program – maintain and encourage community
development
4. Psychological Program – condition both friendly and hostile public
thereby insuring facilitating the attainment of police objectives
5. Public Information Program – the basic among the first 4 programs.
PNP units to conduct and develop a good workable public information
program
DUTIES OF PUBLIC INFO OFFR
1. Well informed so he will understand and appreciate complexities of
police work and the services they render to the community
2. Use mass and personal media to inform the public of the services
rendered the police
a. Mass media
1) Printed matters – newspapers, leaflets, book letter,
magazines, posters, banners
2) Audio visual – radio, tv, motion pictures
b. Personal media – face to face commo – rallies, meetings, house
to house visits
ACTIVITIES IMPLEMENTED BY PUBLIC INFO OFFRS
1. Conduct of barangay tanod seminars
2. Informing brgy officials regarding trends and other police community
problems
3. PS commanders assign a place in police station for brgy leaders so
that they can work together and provide coordination
4. Produce and distribute brochures, advising the people on how to
protect themselves in their homes and premises
5. Conduct environmental sanitation seminars
6. Conduct troop info or educational and historical lectures in all unit
offices of police district.
7. Police officers deliver lectures and public appearance to hear civic
group and civic orgs.
8. Discuss with HS students and parents/teachers assoc about drug
abuse prevention control
9. Conduct cleanliness, saturation or info drive where notice of such
deficiencies are issued
10. Establish police counseling centers in zones/brgys to provide advise
to brgy leaders on crime prevention and control
KATARUNGANG PAMBARANGAY
Role of Barangay- as the basic unit of government, the barangay
serves as the primary planning and implementing unit of state
policies, plans, programs, projects and activities in the
community, and as a forum wherein the collective view of the
people are expressed, crystallized and considered, and where
dispute may be amicably settled.
SUBJECT MATTER FOR AMICABLE SETTLEMENT – the Lupon
of each barangay shall have the authority to bring together the
parties actually residing in the same city or municipality for
amicable settlement of all disputes.
EXCEPTION TO AMICABLE SETTLEMENT
1. Where one party is the government or any subdivision of
instrumentality thereof;
2. One party is a public officer or employee and the dispute
relates t the performance of his official functions;
3. Offenses punishable by imprisonment exceeding one (1) year
or a fine exceeding P5,000.00.
4. Offense where there is no private offended party.
5. Where the dispute involves real property located in different
cities or municipalities, unless the parties hereto agree to
submit their differences to amicable settlement by an
appropriate lupon.
6. Disputes involving parties who actually reside in the barangay
of different cities or municipalities, except when such barangay
units adjoin each other and the parties thereto agree to submit
their differences to amicable settlement by an appropriate
lupon.
7. Such other disputes which the president may determine in the
interest of Justice or upon recommendation of the Secretary of
Justice.
VENUE
1. Disputes between persons actually residing in the same
barangay shall be brought for amicable settlement before the
lupon of said barangay;
2. Those involving actual resident of different brgy within the
same city or municipality shall be brought where the
respondents actually reside, at the selection of the
complainant
3. All disputes involving real property or any interest therein shall
be brought in the brgy where the real property or the larger
portion thereof is situated;
4. Those arising at the workplace were the contending parties
are employed, or at the institution where both parties are
enrolled for study be brought in the barangay where such
workplace or institution is located.
Objection to venue shall be raised in the mediation proceeding
before the punong brgy, otherwise the same shall be deemed
waved.
CONCILLIATION
1. Pre-condition to filing of complaint in court – no complaint,
petition, action or proceedings involving an matter within the
authority of the lupon shall be filed or instituted directly in the
court or any govt office for adjudication, unless there has been
a confrontation between the parties before the lupon chairman
or the pangkat and that no reconciliation or settlement has
been reached as certified by the lupon secretary as attested to
by the lupon chairman or pangkat chairman or unless the
settlement has been repudiated by the parties thereto.
2. Where parties may go directly to court
a. Where the accused is under detention
b. Where a person has otherwise been deprived of personal
liberty calling for habeas corpus proceedings
c. Where actions are coupled with provisional remedies
such as preliminary injunction, attachment, delivery of
personal property and support pendants life;
d. Where the action may otherwise be barred by the statue
of limitation
3. Conciliation among member of indigenous cultural
communities – The customs and traditions of indigenous
cultural communities shall be applied in setting dispute
between members of the cultural communities.
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