The document provides information about the Barangay Justice System in the Philippines. It discusses the objectives and basic concepts of the Katarungang Pambarangay or Barangay Justice System, which aims to promote the speedy administration of justice at the community level. It also outlines the roles and responsibilities of the Lupong Tagapamayapa (Barangay Justice Council), Punong Barangay (Barangay Captain), and Pangkat Tagapagkasundo (Conciliation Panel) in mediating, arbitrating, and settling disputes within the community. Finally, it discusses the procedures involved in filing cases, conducting hearings, and enforcing settlements under the Barangay Justice System.

1. EMPOWERING THE LUPONG
TAGAPAMAYAPA
Through a Gender Responsive
and Child Friendly Barangay
Justice System
Barangay 175 Zone 15 District 1

2. WHAT IS BARANGAY
JUSTICE ?
• THE Katarungang Pambarangay or Barangay Justice
System is a community-based dispute settlement
mechanism that is administered by the basic
political unit of the country, the barangay.
• As a community-based mechanism for dispute
resolution, it covers disputes between members of
the same community (generally, same
city/municipality) and involves thePunong Barangay
and other members of the communities (the Lupon
members) as intermediaries (mediators, conciliators,
and, sometimes, arbitrators).

3. Objectives
1. To promote the speedy administration of
justice.
2. To minimize the indiscriminate filing of
cases in courts.
3. To minimize the congestion of court
dockets and thereby enhance the quality of
justice dispensed by the courts.
4. To perpetuate and recognize the time-
honored tradition of amicably settling
disputes at the community level.

4. Understanding Basic Concepts
• Lupong Tagapamayapa (Lupon) is a body organized
in every barangay composed of Punong Barangay as
the chairperson and not less than ten (10) and more
than twenty from which the members of every
Pangkat shall be chosen.
• Pangkat Tagapagkasundo (Pangkat) is a
conciliation panel constituted from the Lupon
membership for every dispute brought before the
Lupon consisting of three (3) members after the
Punong Barangay has failed in his mediation efforts.

5. • Complainant — plaintiff
• Respondent — defendant
• Jurisdiction is an authority to hear and decide a
case and given by law and cannot be agreed by the
parties
• Venue is the place where the case is to be heard and
decided. This is not fixed by law except in criminal
cases, and can be agreed upon by the parties

6. POWERS AND DUTIES OF
THE LUPON CHAIRMAN
1. Constitution of the Lupon
2. Mediation and Arbitration
Functions
3. Constitution of the Pangkat
4. Other Powers and Duties

7. Constitution of the Lupon
• Prepare within 15 days from the start of his term of
office a notice to constitute the Lupon.
• Post the notice in 3 conspicuous places w/in the
barangay for not less than 3 weeks.
• Appoint not less than 10 nor more than 20 members
from the list w/in 10 days from the last day of
posting.
• Swear the appointees into office, sign their
appointment and have them attested by the Brgy.
Secretary.
• Post the list of the appointed members in the
barangay for the entire duration of their term.

8. WHO ARE QUALIFIED TO BE MEMBERS OF
THE LUPON?
- ANYBODY WHO IS AN ACTUAL RESIDENT
OR WORKING IN THE BARANGAY, OF
LEGAL AGE AND POSSESSES THE FOLLOWING
QUALITIES: INTEGRITY, IMPARTIALITY,
INDEPENDENCE, FAIRNESS, REPUTATION FOR
PROBITY, PATIENCE, RESOURCEFULNESS, OPEN-
MINDEDNESS AND FLEXIBILITY, CAN BE A
MEMBER OF THE LUPON.

9. • KP FORM # 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. _________________
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.

10. • KP FORM # 2: APPOINTMENT LETTER
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

11. Mode of Settlement
• Mediation is a process wherein the Lupon
chairperson or Barangay Chairperson assists the
disputing parties to reach a settlement by consensus
that jointly satisfies their needs.
• Conciliation is a process wherein the Pangkat
foregoes the power to decide or recommend but
assist the parties to isolate issues and options to
reach a settlement by consensus that jointly
satisfies their needs.
• Arbitration is a process wherein the third party
from outside the judicial system is chosen by parties
to hear and decide their dispute.

12. • SIX 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

13. Mediation and Arbitration
Functions
• Receive all written complaints and put
in writing all verbal complaints.
• Administer oaths.
• Resolve all objections to venue.
• Mediate all disputes within his
jurisdiction.
• Arbitrate the dispute upon written
agreement of the parties.

14. Constitution of the Pangkat
• If there is no agreement to arbitrate or
mediation efforts having been unsuccessful,
LC on the last day of mediation proceedings
shall proceed to constitute the Pangkat.
• If there is disagreement on the composition
of the Pangkat, he shall assist by drawing of
lots from the Lupon list.
• Set the date and time for the initial hearing of
the Pangkat, which shall not be later than 3
days from its constitution.

15. Other Powers and Duties
• Set the date, time and place of, and preside
over the regular meetings of the Lupon.
• Prepare the agenda for each meeting.
• See to it that the Lupon exercises
administrative supervision over the various
Pangkats.
• Where mediation or arbitration was made by
him, he shall attest the certification signed or
issued by the Lupon Secretary.
• Enforce by execution, on behalf of the
Lupon, the amicable settlement or arbitration
award.

16. Powers and Duties of the LS
• Keep and maintain a record book of all complaints filed with the
PB.
• Note the results of the mediation proceedings and submit a
final report thereon to the proper court.
• Receive and keep records of proceedings submitted to him by
the various Pangkats.
• Transmit the settlement agreed upon by the parties to the
proper local trial court not earlier than the eleventh nor later
than the fifteenth day from the date of the settlement.
• Transmit the arbitration award to the proper court within 5 days
from the date thereof.
• Issue the certificates to file action or bar action.
• Furnish copies of the settlement or arbitration award to all the
parties and to the PB.
• Issue certified true copies of any public record in his custody
unless declared confidential.

17. LUPONG TAGAPAMAYAPA
• Qualifications for Membership
-actual residence or place of work in
the barangay
- IIIS (integrity, impartiality,
independence and sense of probity)
- not otherwise disqualified by law
Opposition/ Recommendation for
Appointment

18. CONTINUATION……..
• Term of Office/ Oath
• Vacancy
• Succession to or Substitution for the
Punong Barangay
• Character of Office
• Nature of Service

19. PANGKAT NG
TAGAPAGKASUNDO
• Constitution
• Vacancy
• Function (all disputes not succesfully
settled by PB shall be addressed by the
Pangkat through Conciliation or
Arbitration)
• Disqualification (relationship, bias,
interest or other similar grounds)
• Nature of the Service

20. PROCEDURES
• Commencement ( verbal or written/
filing fees
• Answer ( oral or written/ specific
denials, respondent may interpose
counter-claim, cross-claim or third-
party complaint)
• Personal Appearance ( lawyers or the
intervention of anyone is not allowed)

21. CONTINUATION……
• Hearings
- PB and Pangkat should hear the dispute
in an informal but orderly manner
- Rules of evidence do not apply
- Best calculate fair settlement of the
dispute and bring about harmonious
relationship of the parties
- Open to the public (privacy, decency or
public morals)

22. Functions of the Lupon
• Administrative supervision
• Regular meeting
• Withdrawal of appointment
• Execution of settlement or award
• Other powers and duties

23. Subject Matter of Settlement
All disputes of individuals living within the same city or
municipality are barangay cases, except:
1.Where one party is the government.
2.Where one party is a public officer or employee and the dispute
relates to the performance of his official functions.
3.Offenses for which the law prescribes a maximum penalty of
imprisonment exceeding one year or a fine of more than
P5000.
4.Offenses where there is no offended party.
5.Where the dispute involves real property located in different
cities or municipalities.
6.Disputes involving parties who actually reside in barangays of
different cities or municipalities.
7. Other classes of disputes.

24. Specific Cases Under the Revised Penal
Code Covered by KPL
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);

25. UNLAWFUL ARREST (ART. 269);
INDUCING A MINOR TO ABANDON HIS/HER HOME (ART. 271);
ABANDONMENT OF A PERSON IN DANGER AND
ABANDONMENT OF ONE’S OWN VICTIM (ART. 275);
ABANDONING A MINOR (A CHILD UNDER SEVEN [7] YEARS
OLD) (ART. 276);
ABANDONMENT OF A MINOR BY PERONS ENTRUSTED WITH
HIS/HER CUSTODY; INDIFFERENCE OF PARENTS (ART. 277);
QUALIFIED TRESSPASS TO DWELLING (WITHOUT THE USE OF
VIOLENCE AND INTIMIDATION). (ART. 280);
OTHER FORMS OF TRESSPASS (ART. 281);
LIGHT THREATS (ART. 283);
OTHER LIGHT THREATS (ART. 285);
GRAVE COERCION (ART. 286);
LIGHT COERCION (ART. 287);
OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF
MERCHANDISE AND PAYMENT OF WAGES BY MEANS OF
TOKENS). (ART. 288);
23. FORMATION, MAINTENANCE AND PROHIBITION OF
COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE
OR THREATS (ART. 289);
22

26. 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);

27. • 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).

28. Pointers on Specific
Offenses
Article 153. Tumults and other disturbance
of public orders.
- A person makes an outcry tending to
incite rebellion or sedition or display
placards or emblems which provoke
disturbance of public order
- shall bury with pomp the body of a
person who has been legally executed.

29. Art. 154. Unlawful use of means of
publication and unlawful utterances.
• 1. Any person who by means of printing,
lithography, or any other means of publication shall
publish or cause to be published as news any false
news which may endanger the public order, or cause
damage to the interest or credit of the State;
• 2. Any person who by the same means, or by words,
utterances or speeches shall encourage
disobedience to the law or to the constituted
authorities or praise, justify, or extol any act
punished by law;

30. Art. 155. Alarms and scandals.
• 1. Any person who within any town or public place, shall
discharge any firearm, rocket, firecracker, or other explosives
calculated to cause alarm or danger;
• 2. Any person who shall instigate or take an active part in any
charivari or other disorderly meeting offensive to another or
prejudicial to public tranquility;
• 3. Any person who, while wandering about at night or while
engaged in any other nocturnal amusements, shall disturb the
public peace; or
• 4. Any person who, while intoxicated or otherwise, shall cause
any disturbance or scandal in public places

31. Art. 175. Using false certificates.
• Punishes any one who shall knowingly
use any of the ff. false certificates:
• 1. A false certificate issued by any
physician or surgeon in connection,
with the practice of his profession, and
• 2. A false certificate of merit of service,
good conduct or similar circumstances
issued by any public officer.

32. Art. 178. Using fictitious name
and concealing true name
• Punishes any person who shall publicly use
a fictitious name for the purpose of
concealing a crime, evading the execution of
a judgment or causing damage.
• Punishes any person who conceals his true
name and other personal circumstances

33. Art. 179. Illegal use of uniforms
or insignia
• Punishes any person who shall publicly
and improperly make use of insignia,
uniforms or dress pertaining to an
office not held by such person or to a
class of persons of which he is not a
member.

34. Art. 252. Physical injuries
inflicted in a tumultuous affray
• Punishes those who participated in the
affray where physical injuries of a less
serious nature are inflicted and the
persons responsible therefor cannot be
identified.

35. Art. 253. Giving assistance to
suicide
• Punishes any person who shall assist
another to commit suicide and the
suicide is not consummated

36. Art. 265. Less serious physical
injuries
• Punishes any person who shall inflict
upon another physical injuries which
shall incapacitate the offended party for
labor for ten days or more, or shall
require medical assistance for the
same period.

37. Art. 266. Slight physical injuries
• 1. Punishes the offender who inflicted
physical injuries which shall incapacitate the
offended party for labor from one to nine
days, or shall require medical attendance
during the same period.
• 2. Punishes the offender who caused
physical injuries which do not prevent the
offended party from engaging in his habitual
work nor require medical assistance.

38. Art. 269. Unlawful arrest
• Punishes any person who, in any case
other than those authorized by law, or
without reasonable ground therefor,
shall arrest or detain another for the
purpose of delivering him to the proper
authorities.

39. Art. 271. Inducing a minor to
abandon his home
• Punishes anyone who shall induce a
minor to abandon the home of his
parent or guardians or the persons
entrusted with his custody and the
offender is the father or mother.

40. Art. 275. Abandonment of person in
danger and abandonment of one's
own victim.
• 1. Punishes one who shall fail to render assistance to any
person whom he shall find in an uninhabited place wounded or
in danger of dying, when he can render such assistance
without detriment to himself, unless such omission shall
constitute a more serious offense.
• 2. Punishes anyone who shall fail to help or render assistance
to another whom he has accidentally wounded or injured.
• 3. Punishes anyone who, having found an abandoned child
under seven years of age, shall fail to deliver said child to the
authorities or to his family, or shall fail to take him to a safe
place.

41. Art. 280. Qualified trespass to
dwelling
• Punishes any private person who shall
enter the dwelling of another against
the latter's will without violence

42. Art. 281. Other forms of trespass
• Punishes any person who shall enter
the closed premises or the fenced
estate of another, while either or them
are uninhabited, if the prohibition to
enter be manifest and the trespasser
has not secured the permission of the
owner or the caretaker thereof.

43. Art. 283. Light threats
• Any threat to commit a wrong not
constituting a crime, made by
• 1. demanding money;
2.imposing any other condition; or
3. the threat is not made contingent on a
condition

44. Art. 285. Other light threats
• 1. Punishes any person who, without being included in the
provisions of the next preceding article, shall threaten another
with a weapon or draw such weapon in a quarrel, unless it be in
lawful self-defense.
• 2. Punishes any person who, in the heat of anger, shall orally
threaten another with some harm not constituting a crime, and
who by subsequent acts show that he did not persist in the
idea involved in his threat.
• 3. Punishes any person who shall orally threaten to do another
any harm not constituting a felony.

45. Art. 286. Grave coercions
• Punishes any person who, without
authority of law, shall, by means of
violence, prevent another from doing
something not prohibited by law, or
compel him to do something against
his will, whether it be right or wrong.

46. Art. 287. Light coercions
• Punishes any person who, by means of
violence, shall seize anything belonging to
his debtor for the purpose of applying the
same to the payment of the debt.
• Any other coercions or unjust vexations
shall be punished by arresto menor or a fine
ranging from 5 pesos to 200 pesos, or both.

47. Art. 290. Discovering secrets
through seizure of correspondence
• Punishes any private individual who in
order to discover the secrets of
another, shall seize his papers or
letters but did not reveal the contents
thereof.

48. Art. 291. Revealing secrets with
abuse of office.
• Punishes any manager, employee, or
servant who, in such capacity, shall
learn the secrets of his principal or
master and shall reveal such secrets.

49. • Art. 308. Who are liable for theft. —
Theft is committed by any person who,
with intent to gain but without violence
against or intimidation of persons nor
force upon things, shall take personal
property of another without the latter's
consent.

50. Art. 318. Other deceits
• Punishes any person who shall defraud or
damage another by any other deceit or one
who shall interpret dreams, make forecasts,
tell fortunes, or take advantage of the
credulity of the public in any other similar
manner.

51. Art. 316. Other forms of
swindling
• 1. Punishes any person who, pretending to be owner of any real property, shall
convey, sell, encumber or mortgage the same.
• 2. Punishes any person, who, knowing that real property is encumbered, shall
dispose of the same, although such encumbrance be not recorded.
• 3. Punishes the owner of any personal property who shall wrongfully take it
from its lawful possessor, to the prejudice of the latter or any third person.
• 4. Punishes any person who, to the prejudice of another, shall execute any
fictitious contract.
• 5. Punishes any person who shall accept any compensation given him under
the belief that it was in payment of services rendered or labor performed by
him, when in fact he did not actually perform such services or labor.
• 6. Punishes any person who, while being a surety in a bond given in a criminal
or civil action, without express authority from the court or before the
cancellation of his bond or before being relieved from the obligation contracted
by him, shall sell, mortgage, or, in any other manner, encumber the real
property or properties with which he guaranteed the fulfillment of such
obligation.

52. Art. 319. Removal, sale or pledge
of mortgaged property
• 1. Punishes any person who shall knowingly remove any
personal property mortgaged under the Chattel Mortgage Law
to any province or city other than the one in which it was
located at the time of the execution of the mortgage, without
the written consent of the mortgagee, or his executors,
administrators or assigns.
• 2. Punishes any mortgagor who shall sell or pledge personal
property already pledged, or any part thereof, under the terms
of the Chattel Mortgage Law, without the consent of the
mortgagee written on the back of the mortgage and noted on
the record hereof in the office of the Register of Deeds of the
province where such property is located.

53. • Art. 327. Who are liable for malicious
mischief. — Any person who shall
deliberately cause the property of
another any damage not falling within
the terms of the next preceding chapter
shall be guilty of malicious mischief.

54. • Art. 329. Other mischiefs. — The mischiefs not
included in the next preceding article shall be
punished:
• 1. By arresto mayor in its medium and maximum
periods, if the value of the damage caused exceeds
1,000 pesos;
• 2. By arresto mayor in its minimum and medium
periods, if such value is over 200 pesos but does not
exceed 1,000 pesos; and
• 3. By arresto menor or fine of not less than the value
of the damage caused and not more than 200 pesos,
if the amount involved does not exceed 200 pesos or
cannot be estimated.

55. • Art. 338. Simple seduction. — The
seduction of a woman who is single or
a widow of good reputation, over
twelve but under eighteen years of age,
committed by means of deceit, shall be
punished by arresto mayor
• Seduction is sexual intercourse with a
virgin over 12 and under 18.

56. Art. 339. Acts of lasciviousness with
the consent of the offended party
• Punishes any person who committed
acts of lewdness where there is no
carnal knowledge and the acts were
committed with the consent of the
offended party who is over 12 and
under 18 years old.

57. Art. 363. Incriminating innocent
person
• Punishes any person who, by any act
not constituting perjury, shall directly
incriminate or impute to an innocent
person the commission of a crime.
• Crime of planting evidence

58. Art. 364. Intriguing against honor
• Punishes any person who shall make
any intrigue which has for its principal
purpose to blemish the honor or
reputation of a person.

59. Rules on Venue
• Where the parties reside in the same
barangay, dispute shall be brought in said
barangay.
• Where the parties reside in different
barangays in the same city or municipality,
dispute shall be settled in the brgy. where
the respondent or any of the respondents
actually resides, at the choice of the
complainant.
• Dispute involving real property shall be
brought in the barangay where the property
or a larger portion thereof is situated.

60. Sanctions on Failure to Appear
• Mediation Proceedings
1.In case a party fails to appear for M, the LC shall set a date for the absent
party to appear before him and explain the reason for his absence.
2.If the failure to appear by the C is unjustifiable, LC shall:
a. Dismiss the complaint.
b. Direct the issuance of and attest to the issuance of a
certification to bar action.
c. Apply for indirect contempt.
3.In case of similar failure to appear on the part of the respondent, the LC shall:
a. Dismiss the respondent’s counterclaim.
b. Direct the issuance of and attest to the issuance of a
certification to bar the filing of respondent’s
counterclaim.
c. Apply for indirect contempt.
d. Set a date for the parties to appear before him for the constitution of
the Pangkat.

61. Constitution of the Pangkat
• In case C fails to appear without valid
reason, same sanctions as in par. 2 of
the foregoing slide.
• In case R fails to appear unjustifiably,
apply the same sanctions as in par. 3,
a,b and c.
• Apply for indirect contempt for the
recalcitrant witness.

62. Conciliation Before the Pangkat
• In case a party fails to appear for
conciliation, the PC shall set a date for the
absent party to appear before him to explain.
• If C’s failure to appear is unjustifiable, apply
the same sanctions as in par. 2 of the slide
on mediation.
• If R’s failure to appear is unjustifiable, apply
the same sanctions as par.3, a,b and c of the
same slide.

64. Execution
Modes of Execution
1. By motion
2. By petition in court
- If by motion, disputant files a motion with the PB, copy furnished the
other disputant.
- On the day motion is filed, PB sets the same for hearing on a date
agreed to by the movant which shall not be later than 5 days from the
date of the filing of a motion.
- During the hearing, PB shall ascertain the fact of non-compliance with
the settlement, and upon determination of non-compliance urge the
party obliged to comply.
- PB determines w/o not voluntary compliance can be secured w/in 5
days from the day of hearing
- If still no compliance within the 5 day period, PB issue a notice of
execution.

65. Procedure for Execution
• If the execution is for payment of money, PO is
allowed to make voluntary payment within 5 days. If
he fails, PB shall take possession of his sufficient
personal property within the barangay and sell them
in public auction.
• If it be for delivery or restitution of property located
in the barangay, PB shall oust person in possession
thereof and place the party entitled thereto in
possession of such property.
• If property to be returned is in another barangay
within the same city or municipality, PB issuing the
notice shall give authority to the PB of the barangay
where the property is situated.

66. Property Exempt from Execution
• Debtor’s family home
• Tools and implements used in trade or employment
• Two horses, cows or carabaos or other beasts of burden used
in ordinary occupation
• Clothing
• Household furniture and utensils
• Provisions for four months
• Professional libraries
• One fishing boat, net and other fishing paraphernalia
• Earnings for personal services
• Lettered gravestones
• Right to receive legal support
• Copyrights

67. Procedure for Sale of Personal
Property on Execution
• Manner of Sale
a. public auction
b. between 8 a.m. to 5 p.m.
c. property sold within view
d. party obliged may direct the order
e. LC, LS or LP cannot purchase
• Disposition of Proceeds of Sale
• Notice of Sale

68. CONTINUATION…..
• Notice of Sale
a. Perishable Properties
- Post after taking possession of
the property a written notice of the time
and place of the sale in 3 public places
in the barangay for not less than 24
hours.
b. Other Personal Properties
- Same procedure except for the
time of posting.

77. [For money owed
under any of the
following:
1. Contract of lease
2. Contract of loan
3. Contract of services
4. Contract of sale
5. Contract of
mortgage; or

78. For damages
arising from:
1. Fault or
negligence
2. Quasi-contract
3. Contract

79. The enforcement of a
barangay amicable
settlement or an
arbitration award
involving a
money claim covered by
this Rule pursuant to
Section 417 of Republic
Act 7160, otherwise
known
as The Local Government
Code of 1991.]

80. Role, Qualities and Ethics of
Mediator
• Task of mediator is to bring the parties
together to seek an amicable
settlement of the issues in a dispute.
• Aim of the mediator is not to find out
who is right and who is wrong.
• He should find a way to terminate the
controversy in order to restore
harmony to the parties involved and the
community.

81. Qualities Needed in General
• One who can take charge
• One with integrity, independence of mind,
impartiality, sense of fairness and
reputation for probity

82. Qualities Needed in Particular
• Friendly and accepting
• Knowledgeable
• Skillful
• Optimistic
• Empathetic
• Flexible
• Patient
• Open-minded
• Credible
• Able to use humor
• Tactful
• Self-confident

83. Suggested Code of Ethics
• Uphold the truth and dignity of KP.
• Be committed to the preservation of love,
friendship, peace and order, justice,
culture and tradition in the barangay level.
• Be neutral, impartial and objective in
dealing with the parties and their issues.
• Not take advantage of your position as
mediator

84. Continuation of Ethics……
• Be committed to fairness and serving the
purpose of justice.
• Help the parties understand the
consequences of their decision.
• Work to insulate mediation process from
partisanship.
• Respect the right of the people make
decisions for themselves.
• Use mediation to empower people, not to
disempower them.

85. Thus the questions in mind
should be………
• Is the agreement based on true information?
• Will the results provide a positive impact
such as joy, love, peace, order and justice?
• Is the agreement fair?
• Will the agreement promote a win-win
relationship?
• Is the agreement kind?
• Will it not violate any law or policy?
• Will it not hurt anybody?

86. Thank You…..
ATTY. ROMEO P. BENITEZ
Chief, Trial and Investigation
Division (TID), Legal Service,
DILG