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Katarungang pambarangay
 

Katarungang pambarangay

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  • Good day. I wanna ask if ever the financing company doesn't want to sue or file charge directly to the court instead they have wanted to arrange the dispute concerning payments outside court litigation, is the re any prohibition or does the barangay violate rules if they accepted the complaint from representative of financing or lending corporation? as what I thought, the barangay was design to lessen the case being handled by the court. the dispute or issue will be resolved yet in barangay before it will file to the court?
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  • Who will mediate the disputes if the barangay captain and sons are the respondents and the barangay has no organize Lupon Tagapamayapa?
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  • @aristotlevalencia
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  • what happen if the barangay captain himself including two sons & son's in law are the respondents.
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    Katarungang pambarangay Katarungang pambarangay Presentation Transcript

    • Atty. Harve B. Abella, Esq. ABELLA & ABELLA LAW OFFICE 009 Salvador Street, Labangon, Cebu City
    •  
    • History of the Katarungang Pambarangay
      • The establishment and operation of the Barangay Justice System is mandated by Republic Act No. 7160 or the Local Government Code of 1991. Prior to this law, however, the establishment of the Barangay Justice System had been covered by Presidential Decree 1508 in 1978 and Batas Pambansa Blg. 337 or the 1983 Local Government Code.
    • Objectives
      • Under the Barangay Justice System, the main strategy for settling disputes is to provide a venue for the disputing parties to search for a solution that is mutually acceptable
      • Assist the parties in discussing the possible amicable settlement of their disputes.
      • Do not act as judges or adjudicators of disputes but as facilitators for the disputing parties’ discussion of possible solutions
    • Constitution of the Lupon
      • Appointment of Lupon is the sole prerogative of the Barangay Captain
      • Does not require the approval, confirmation of the Barangay Council
      • What if the Barangay Captain fails to constitute the Lupon?
          • He can be charged for neglect of duty and be administratively liable
    • When to constitute the Lupon?
      • WITHIN FIFTEEN ( 15 ) DAYS FROM THE START OF THE TERM AS BARANGAY CAPTAIN, HE/SHE SHOULD ISSUE A NOTICE TO CONSTITUTE THE LUPON AND PREPARE THE LIST OF THE NAMES OF PROPOSED LUPON MEMBERS.
      • Minimum of 10, Maximum of 20
    • Qualifications of Lupon Members
      • ACTUAL RESIDENTS/ WORKING IN THE BARANGAY
      • OF LEGAL AGE WITH THE FOLLOWING QUALITIES:
            • INTEGRITY,
            • IMPARTIALITY,
            • INDEPENDENCE,
            • FAIRNESS,
            • REPUTATION FOR PROBITY,
            • PATIENCE,
            • RESOURCEFULNESS,
            • OPEN-MINDEDNESS
            • FLEXIBILITY
    • Disqualifications
      • BELOW 18 YRS OF AGE
      • INCOMPETENT
      • CONVICTED OF A CRIME
        • CARRYING WITH IT PENALTIES OF PERPETUAL OR TEMPORARY DISQUALIFICATION FROM
      • HOLDING PUBLIC OFFICE
        • ELECTED GOVERNMENT OFFICIAL
        • MEMBER OF ARMED FORCES WHO IS IN THE ACTIVE SERVICE
    • Steps to take after identifying the 10-20 members of the Lupon
      • Barangay Secretary Shall:
        • Prepare a notice to constitute the Lupon using the KATARUNGANG PAMBARANGAY (KP) Form 1
        • Notice to be posted in the 3 conspicuous/strategic places in the barangay
        • THE NOTICE SHALL CONTAIN AN INVITATION TO ALL BARANGAY MEMBERS TO ENDORSE OR OPPOSE THE PROPOSED APPOINTMENT OF ANY PERSON / S INCLUDED IN THE LIST .
        • THE RECOMMENDATION SHALL BE MADE WITHIN THE PERIOD OF POSTING FOR THREE WEEKS .
    •  
      • MEMBER OF THE BARANGAY CAN PROTEST OR RECOMMEND SOMEBODY FROM THE BARANGAY
      • 10 days after the last day of posting, the Captain shall put into writing the appointment of the Lupon members using KP Form 2, duly signed by the captain and attested by the Barangay Secretary.
    •  
      • The newly appointed Lupon members will immediately take their oath before the Barangay Captain using KP Form 5
      After taking the oath of office, the list of Lupon Members shall be posted in a conspicuous/strategic place in the Barangay
    • RECAP: Steps to constitute the Lupon
      • STEP 1: Determining the actual number of Lupon Members
      • STEP 2: Preparing a notice to constitute the Lupon
      • STEP 3: Posting the notice to constitute the Lupon
      • STEP 4: Appointment of Lupon Members
      • STEP 5: Oath taking of Lupon members
      • STEP 6: Posting
    • Term of Office
      • 3 years
      • UNLESS TERMINATED
        • BY DEATH,
        • RESIGNATION, TRANSFER OF RESIDENCE OR PLACE OF WORK,
        • WITHDRAWAL OF APPOINTMENT BY THE BARANGAY CAPTAIN. HOWEVER, THE WITHDRAWAL SHOULD BE CONCURRED WITH A MAJORITY OF ALL THE MEMBERS OF LUPON. (see KP Form 6)
    •  
    • Compensation / Benefits
      • Lupon members shall serve without compensation
        • If the Barangay has enough funds, HONORARIA may be given
      • COMMISSION ON HIGHER EDUCATION ( CHED ) ORDER 62 SERIES OF 1997
          • TWO DAUGHTERS OR SONS OF A LUPON MEMBER ARE QUALIFIED TO BECOME A STATE SCHOLAR IN TERTIARY EDUCATION TO ANY STATE COLLEGES OR UNIVERSITIES
    • Steps in Resolving Disputes
      • MEDIATION BEFORE THE Barangay Captain
        • Has authority or power to mediate cases in the Barangay
    • Basic Concerns
      • The Dispute will be settled in the barangay where the RESPONDENTS or one of the RESPONDENTS in the Barangay resides
      • CHOICE/OPTION of the complainant
      • What if any of the involved parties is incompetent or a minor?
      • He/She should be represented by a legal guardian or next of kin who is NOT A LAWYER.
    • Basic Concerns
      • A juridical person / corporation like a cooperative cannot file a complaint became is not a party to amicable settlement.
      • Any case involving a cooperative or people’s organization can go directly to court without going through mediation or conciliation
    • CASES COVERED BY THE KATARUNGANG PAMBARANGAY
      • All disputes, civil and criminal in nature where parties actually reside in the SAME CITY / MUNICIPALITY are subjected to proceedings of amicable settlement.
      • UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES (ART. 154);
      • ALARMS AND SCANDALS (ART. 155);
      • USING FALSE CERTIFICATES (ART. 175);
      • USING FICTITIOUS NAMES AND CONCEALING TRUE NAMES (ART. 178);
      • ILLEGAL USE OF UNIFORMS AND INSIGNIAS (ART. 179);
      • PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY (ART. 252);
      • GIVING ASSISTANCE TO CONSUMMATED SUICIDE (ART.253);
      • RESPONSIBILITY OF PARTICIPANTS IN A DUEL IF ONLY
      • PHYSICAL INJURIES ARE INFLICTED OR NO PHYSICAL INJURIES HAVE BEEN INFLICTED (ART. 260);
      • LESS SERIOUS PHYSICAL INJURIES (ART. 265);
      • SLIGHT PHYSICAL INJURIES AND MALTREATMENT (ART. 266);
      • UNLAWFUL ARREST (ART. 269);
      • INDUCING A MINOR TO ABANDON HIS/HER HOME (ART. 271);
      • ABANDONMENT OF A PERSON IN DANGER AND ABANDONMENT OF ONE’S OWN VICTIM (ART. 275);
      • ABANDONING A MINOR (A CHILD UNDER SEVEN [7] YEARS OLD) (ART. 276);
      • ABANDONMENT OF A MINOR BY PERONS ENTRUSTED WITH HIS/HER CUSTODY; INDIFFERENCE OF PARENTS (ART. 277);
      • QUALIFIED TRESSPASS TO DWELLING (WITHOUT THE USE OF VIOLENCE AND INTIMIDATION). (ART. 280);
      • OTHER FORMS OF TRESSPASS (ART. 281);
      • LIGHT THREATS (ART. 283);
      • OTHER LIGHT THREATS (ART. 285);
      • GRAVE COERCION (ART. 286);
      • LIGHT COERCION (ART. 287);
      • OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF MERCHANDISE AND PAYMENT OF WAGES BY MEANS OF TOKENS). (ART. 288);
      • FORMATION, MAINTENANCE AND PROHIBITION OF COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS (ART. 289);
      • DISCOVERING SECRETS THROUGH SEIZURE AND CORRESPONDENCE (ART. 290);
      • REVEALING SECRETS WITH ABUSE OF AUTHORITY (ART. 291);
      • THEFT (IF THE VALUE OF THE PROPERTY STOLEN DOES NOT EXCEED P50.00). (ART. 309);
      • QUALIFIED THEFT (IF THE AMOUNT DOES NOT EXCEED P500). (ART. 310);
      • OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY (ART 312);
      • ALTERING BOUNDARIES OR LANDMARKS (ART. 313);
      • SWINDLING OR ESTAFA (IF THE AMOUNT DOES NOT EXCEED P200.00). (ART. 315);
      • OTHER FORMS OF SWINDLING (ART. 316);
      • SWINDLING A MINOR (ART. 317);
      • OTHER DECEITS (ART. 318);
      • REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY (ART. 319);
      • SPECIAL CASES OF MALICIOUS MISCHIEF (IF THE VALUE OF THE DAMAGED PROPERTY DOES NOT EXCEED P1,000.00). (ART 328);
      • OTHER MISCHIEFS (IF THE VALUE OF THE DAMAGED PROPERTY DOES NOT EXCEED P1,000.00). (ART. 329);
      • SIMPLE SEDUCTION (ART. 338);
      • ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY (ART 339);
      • THREATENING TO PUBLISH AND OFFER TO PREVENT SUCH PUBLICATION FOR COMPENSATION (ART. 356);
      • PROHIBITING PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF OFFICIAL PROCEEDINGS (ART. 357);
      • INCRIMINATING INNOCENT PERSONS (ART. 363);
      • INTRIGUING AGAINST HONOR (ART. 364);
      • ISSUING CHECKS WITHOUT SUFFICIENT FUNDS (BP 22);
      • FENCING OF STOLEN PROPERTIES IF THE PROPERTY INVOLVED IS NOT MORE THAN P50.00 (PD 1612).
    • Exempted Cases
      • OFFENSES INVOLVING GOVERNMENT ENTITY;
      • ONE PARTY IS A PUBLIC OFFICER/EMPLOYEE – Dispute relates to performance of official functions
      • OFFENSES WITH MAXIMUM PENALTY OF 1 YEAR AND EXCEEDING FINE FIVE THOUSAND (P5,000.00);
      • OFFENSES WITH NO PRIVATE OFFENDED PARTY;
      • REAL PROPERTIES IN DIFFERENT CITIES OR MUNICIPALITIES, DISPUTES THAT NEED URGENT LEGAL ACTION, LABOR DISPUTES, AND ACTION TO ANNUL A JUDGMENT UPON A COMPROMISE.
      • MEDIATION
    • STEP 1: Filing of the case
      • Complainant with the help of the secretary will fill up KP FORM 7
      • Minimal filing fee
      • PERSONAL CONFRONTATION is required
      • NO INDIVIDUAL CAN GO DIRECTLY TO COURT / GOV’T OFFICE FOR ADJUDICATION OF HIS/HER DISPUTE WITH ANOTHER INDIVIDUAL ESPECIALLY OF THE MATTER IS WITHIN THE KP JURISDICTION
    •  
      • NOT A BARANGAY COURT
      • LUPON MEMBERS ARE NOT JUDGES
      • It is a conciliation body and the members are conciliators.
      • Barangay Captain
        • Mediator
    • STEP 2
      • Within 3 days from receipt of the complaint and payment of the filing fee
        • Issue a NOTICE OF HEARING TO THE COMPLAINANT
        • Issue SUMMONS/SUBPOENA TO THE RESPONDENT
        • BOTH shall appear at the BARANGAY CAPTAIN’S OFFICE
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    • What if any of the parties fail to appear?
      • Complainant fails to appear WITHOUT justifiable cause
        • DISMISS THE COMPLAINT
        • Cannot file a case in court
        • Can be punished for indirect contempt of court
      • Respondent fails to appear WITHOUT justifiable cause
        • His/her counterclaim will be dismissed and he will be barred from filing in court and be punished for indirect contempt of court
    • Appearance of the Parties
      • The BARANGAY CAPTAIN SHALL NOT RESOLVE THE CASE.
      • The BARANGAY CAPTAIN WILL HELP THEM RESOLVE THE CASE
      • BARANGAY CAPTAIN
        • Mediator
        • Help them find the solution to their problem within FIFTEEN (15) DAYS.
      • IF THE RESPONDENT DOES NOT APPEAR:
        • The case shall be referred to the PANGKAT NG TAGAPAGSUNDO
    • Basic steps in handling cases by the Barangay Captain
      • Explain the process and objectives of mediation & the rules to be observed
      • Give each party to explain their side without interruption from the other party
      • Ask questions and involve both parties in looking for a solution
      • REMEMBER:
        • Barangay Captain is not a judge but a mediator
        • Let both parties find a solution to their dispute
    • If parties agree to a settlement/compromise
      • In writing
      • In a language or dialect known to parties
      • NOT TO BE DRAFTED BY A LAWYER AND BROUGHT TO HOMES OF THE PARTIES FOR THEIR SIGNATURES AND NOT HAVE IT NOTARIZED BY A NOTARY PUBLIC/LAWYER
      • IT SHOULD BE DRAFTED AT THE BARANGAY HALL AND NO WHERE ELSE
    •  
    • How can we be ensured that the Agreement will be complied?
      • After TEN (10) days, the settlement will be executory and HAS THE FOCE AND EFFECT OF A DECISION OF A COURT
    • What if one of the parties was forced to come up with a settlement through fraud or intimidation?
      • Any party can protest the settlement within TEN DAYS.
      • AFTER TEN DAYS, the settlement will take EFFECT
    • How can the Respondent Comply with the Settlement?
      • He/she can voluntarily comply within FIVE (5) DAYS
      • If he/she fails, the mode and manner in executing the settlement is provided for by law
      • OTHER DETAILS TO BE DISCUSSED LATER
    • If MEDIATION before the BARANGAY CAPTAIN FAILS
      • The parties cannot yet elevate their case to court
      • The parties still have to go through conciliation proceedings
        • Barangay Captain TO CONSTITUTE the PANGKAT NG TAGAPAGSUNDO within FIFTEEN (15) DAYS from the last day of MEDIATION PROCEEDINGS.
      • Is CONCILIATION = MEDIATION?
        • The process is the same, except that MEDIATION is done by the Barangay Captain, while CONCILIATION is done by the PANGKAT headed by a CHAIRPERSON.
      • CONCILIATION
    • What is CONCILIATION (before the Pangkat)?
      • Conciliation is merely INTERVENING between TWO OR MORE Contending parties in order to prevent or put an end to a dispute with an agreement to abide by the decision of the conciliator
      • Who are members of the PANGKAT?
      • 3 MEMBERS shall come from the LUPON and chosen by the Complainant and Respondent
    •  
    •  
    • What if the parties fail to agree on the Pangkat Membership?
      • The Barangay Captain will determine the THREE MEMBERS by drawing lots to be distributed to the members of the Pangkat
      • After they have been chosen, the Pangkat Members shall Choose Among themselves
        • A Chairperson
        • Secretary
          • The LUPON SECRETARY shall turn over the case to the PANGKAT SECRETARY for the Pangkat to study
    • Disqualifications OF A Pangkat Member
    • Vacancy in the Pangkat
    • Procedure before the Pangkat
      • The Pangkat shall meet to hear both parties
      • Explore possibilities for Amicable Settlement within FIFTEEN DAYS
        • Can be extended for another FIFTEEN DAYS
      • Issue Subpoena of a witness whenever necessary
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      • If the PANGKAT CHAIRPESON finds after hearing that the failure to appear of the COMPLAINANT is without justifiable reason, he shall:
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    • What happens is the Pangkat is successful in the Conciliation?
      • An amicable settlement shall be put into writing in a dialect / language known to them
      • ATTESTED TO BY THE LUPON CHAIRMAN / PANGKAT CHAIRMAN
      • It has the force and effect of a final judgment in court after TEN DAYS from the date the Amicable settlement was made, UNLESS a protest or repudiation of the settlment was made.
      • The Pangkat Secretary shall prepare a transmittal of the settlement to the appropriate court & fills up a transmittal form
    •  
    • What if the settlement was affected adversely by fraud, violence, intimidation, etc.,
      • The parties can repudiate the settlement within TEN DAYS from the date of filing with the Lupon Chairman or Pangkat a statement to that effect sworn before him
      • Failure to repudiate the settlement within a TEN DAY period shall be deemed a waiver of the right to challenge on said grounds.
    • How can the Amicable Settlement before the Pangkat be executed
    •  
    •  
    • How can the settlement be actually executed?
      • Within SIX MONTHS from date the settlement was agreed upon
      • The disputant must file a Motion for Execution with the Barangay Captain
      • The Barangay Captain conducts a hearing on the date assigned by the Movant.
      • The date shall not be later than FIVE DAYS from the filing of the motion
    •  
    • What happens during the hearing?
      • The Barangay Captain shall ascertain the facts for the NON-COMPLIANCE of the settlement and STRONGLY ENCOURAGE the party obliged to COMPLY WITH THE SETTLEMENT
      • After the lapse of FIVE DAYS with no voluntary compliance, the Barangay Captain shall issue a NOTICE OF EXECUTION
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    • RECAP
      • What are the ways of resolving conflicts within our barangay?
        • MEDIATION through the Office of the Barangay Captain
        • CONCILIATION through the PANGKAT
        • At any stage of these two ways of resolving conflicts, another way of resolving cases under your jurisdiction is the process of ARBITRATION.
      • ARBITRATION
    • Definition of Arbitration
      • Another way of settling disputes wherein the parties agree to be bound by a decision of a third person or body in place of a regularly organized tribunal
    • Arbitration
      • Can take place at any stage of the proceedings as long as both parties agree in writing to abide by the arbitration award of the LUPON or the PANGKAT.
        • Who can act as ARBITRATORS?
          • LUPON CHAIRPERSON
          • BARANGAY CAPTAIN
          • PANGKAT CHAIRPERSON
    • What happens in Arbitration?
      • Lupon Chairperson/Pangkat assists the parties in defining the issues & exploring solutions to develop a mutually acceptable settlement
      • The Lupon Chairperson/Pangkat is given the POWER TO RENDER DECISIONS on the dispute with a prior agreement of the parties to be bound by it.
      • The parties shall present evidence as to the facts and merits of the case to the arbitrator.
        • On the basis of these facts, the arbitrator makes a decision on what he believes to be fair or just
        • The Arbitrator must be NEUTRAL & IMPARTIAL in making the decision which must be suitable to the disputing parties.
    • Steps
      • Filing of the complaint with the OFFICE OF THE BARANGAY CAPTAIN and payment of the Filing Fee.
      • IF parties agree to submit themselves to arbitration process at ANY STAGE of the mediation/conciliation, the conduct of an ARBITRATION HEARING can take place immediately
        • After filling up the agreement, the parties are given FIVE DAYS to withdraw from such an agreement by filling up a sworn statement stating his/her reasons that such agreement was obtain through fraud, violence, and intimidation (if such is the case)
    •  
    • Is there a need to proceed with the case in the Lupon if such circumstances are present?
      • NO.
      • Forward the case to court by issuing a CERTIFICATE TO FILE ACTION
      • IF THERE IS NO REPUDIATION?
        • Proceeding to hearing their case
        • Set the case for hearing
        • Parties to be officially notified of the hearing through a NOTICE OF HEARING and SUMMONS.
    • What if any of the parties fail to appear?
      • Apply the same procedure in MEDIATION or CONCILIATION for the unreasonable neglect of the COMPLAINANT / RESPONDENT
      • COMPLAINANT’s absence is unjustified and willful
        • Complaint is outrightly dismissed
        • Barred from filing the action in court
      • RESPONDENT’s absence is unjustified and willful
        • Issue a CERTIFICATE TO FILE ACTION and CERTIFICATE TO BAR COUNTERCLAIM in favor of the Complainant
    •  
    • If parties are Present, how does one conduct the Arbitration?
      • Conduct hearing in the manner of a court or adjudicative trial
      • Complainant and respondent will present their respective case and submit all their necessary evidence
      • THE LUPON CHAIRPERSON / PANGKAT will then issue a resolution based on the merits of the case, testimony of the witnesses and the evidence presented
      • ARBITRATION AWARD
        • Just like an amicable settlement put into writing etc. attested to by the Lupon or the Pangkat Chairperson
    •  
    • Time to render decision
      • FIFTEEN DAYS but not earlier than SIX DAYS from the date of last hearing to evaluate and issue the ARBITRATION AWARD
      • Within FIVE DAYS, the Secretary shall furnish a copy of the Arbitration Award to the Parties
      • Keep a file at the LUPON OFFICE and be sure to furnish a copy to the City/Municipality Court
    • How shall the Arbitration Award take effect?
      • Parties are given TEN DAYS to nullify the decision
      • After TEN DAYS, the decision becomes final and executory
      • HOW TO EXECUTE THE AWARD?
      • In the same manner that MEDIATION / CONCILIATION Settlements are executed
    •  
    • SCHOLARSHIP
      • CHED ORDER 62
      • Guidelines Implementing the Study Grant Program for Barangay Officials and their Legitimate Dependents
      • WHO ARE QUALIFIED?
        • Not more than 21 years of age
        • Highschool graduate with an average of 80%
        • Passed the entrance exam in a State College or University
        • Income of parents must not exceed PHP72,000.00 ANNUALLY.
    • DOCUMENTARY REQUIREMENTS
      • Certification from the OFFICE OF THE MAYOR that the applicant is a child of the barangay official
      • NSO Birth Certificate, Highschool Report Card
      • Entrance Exams result
      • Income Tax Return
      • Certificate of Good Moral Character from the Principal or Guidance Councilor
    • Conditions for the Assistance
      • The grantee or the child of the LUPON will carry a FULL SEMESTRAL LOAD EVERY SEMESTER
      • Finish his/her course in the prescribed duration and will maintain at least a passing grade in all his/her subjects
      • OTHER CONDITIONS
        • The applicant must not be enjoying any study grant at the time of the application
        • Only two children of the Lupon Member are allowed for a given term
      • Shifting of course may be allowed after getting the approval from the registrar
      • CAN THE SCHOLARSHIP BE TERMINATED?
      • Grantee has failed in the subjects
      • Falsified his/her records
      • Transferred to another school without the approval of the registrar
      • Joined or participated in subversive organizations/activites
      • No available funds for the scholarship
      • Hurry and see if the nearest state college/university has a scholarship program under CHED ORDER #62 and bring the aforementioned items in the list of requirements
      • Funding
        • State colleges and universities concerned are required to incorporate in their budget program the necessary funds to support the expenses of the beneficiaries as provided for in CHED ORDER #62
    • Annual Search for the OUTSTANDING LUPONG TAGAPAMAYAPA
      • How to enter
      • Join selection process at the City/Municipal level
    • 1 st CRITERIA
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    • 2 nd Criteria
      • Resourcefulness / creativity of the Conciliators/Mediators
        • Can be seen through the records / minutes made by the LUPON SECRETARY
        • Evaluators will be able to know the innovative technique and skills of the conciliators/mediators and the coordination made with appropriate agencies like the PNP or the Municipal Trial Court in Cities
    • 3 rd Criteria
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      • Thank you for attending this Sunday’s Session.
      • NEXT SUNDAY’S SESSION
      • BASIC CRIMINAL LAW / Common Criminal Offenses covered by Katarungang Pambarangay
      • BASIC CIVIL LAW / Common Civil Disputes covered by Katarungang Pambarangay