The document discusses the Barangay Justice System in the Philippines. It defines key terms, describes the constitution of the Lupon Tagapamayapa (community mediation council), and outlines the stages of Katarungang Pambarangay (community mediation process). The process involves mediation by the Barangay Captain, followed by conciliation by a Pangkat Tagapagkasundo (conciliation panel) if needed. Indigenous and Shariah dispute resolution systems are also recognized for certain communities. The goal is to promote amicable out-of-court settlements at the local level.
This document summarizes the requirements and procedures for disputes handled by the Lupong Tagapamayapa (Barangay Peacekeeping Council) according to Philippine law. It outlines that disputes must involve actual residents of the same city or municipality and cannot involve certain exceptions. It then describes the venue requirements, subject matter exceptions, mediation/conciliation/arbitration procedures, sanctions for failure to appear, execution procedures, and sales of personal property procedures.
The document discusses the Katarungang Pambarangay (Barangay Justice System) in the Philippines according to the Local Government Code. It provides conciliation and mediation services at the local level to resolve disputes in order to reduce the caseload of formal courts. The system is administered by the Lupong Tagapamayapa, which includes the Barangay Captain and volunteer members. They form Pangkat ng Tagapagkasundo conciliation panels to hear cases and facilitate agreements between disputing parties in the community. The Katarungang Pambarangay provides a free, local system for justice that aims to support the needs of the poor.
The document discusses the Katarungang Pambarangay, the barangay justice system in the Philippines. It was established by the Local Government Code of 1991 to provide a venue for amicable settlement of disputes at the barangay level. The barangay captain appoints a Lupon or committee of 10-20 members to facilitate mediation between disputing parties. The Lupon helps the parties find mutually agreeable solutions rather than acting as judges. A wide range of civil and criminal cases can be addressed through the barangay justice system.
The lupon is the conciliation body in each barangay composed of the punong barangay as chair and 10-20 members appointed every 3 years. The lupon aims to settle disputes amicably through mediation and constitutes conciliation panels called pangkat ng tagapagkasundo for each dispute. The pangkat, composed of 3 members chosen by the parties, hears both sides and explores settlement within 15 days. The objectives of barangay conciliation include decongesting courts and promoting speedy justice through alternative dispute resolution at the barangay level.
Katarungangpambarangayver2 111204070138-phpapp01C Len Too
The document summarizes the key aspects of the Katarungang Pambarangay or Barangay Justice System in the Philippines. It discusses:
1) The establishment and objectives of the Barangay Justice System which aims to facilitate amicable dispute settlement through mediation rather than adjudication.
2) The process for constituting the Lupon Tagapamayapa or mediation panel including qualifications, term limits, and roles.
3) Guidelines for handling cases including covered offenses, exempted cases, filing complaints, summons procedures, and the mediation process conducted by the Barangay Captain.
This document establishes the Lupong Tagapamayapa Incentives Awards (LTIA) to recognize lupons for their contributions to the Katarungang Pambarangay Program. The awards aim to strengthen the program, institutionalize incentives for exemplary lupons, and increase awareness and support. A committee determines winners in categories for different city/municipality classes based on efficiency, effectiveness, and creativity in fulfilling program objectives like timely dispute resolution and compliance. National awardees receive presidential trophies and cash prizes to support program projects.
This document provides an overview and summary of a handbook on Katarungang Pambarangay, which is the Barangay Justice System in the Philippines. The handbook was published by the Philippines-Canada Local Government Support Program to increase understanding of the processes, benefits and role of the Katarungang Pambarangay system among barangay officials, community members, and organizations. It contains information on constituting the Lupon Tagapamayapa peace council, mediation and conciliation processes, arbitration, indigenous dispute resolution, scholarships, and incentives available through the barangay justice system. The handbook aims to promote greater access to and use of the alternative dispute resolution mechanisms available at the bar
This document provides guidance for poll watchers on election day. It outlines their qualifications and rights, including observing voting procedures, filing protests, and obtaining certificates. It describes establishing poll watching kits with necessary forms and documents. The duties of poll watchers are divided into pre-election day, before voting starts, and during voting. Key responsibilities include observing the testing and sealing of voting machines, and monitoring for irregularities like illegal voters or voting procedures. The document also covers procedures for rejected ballots and issues with voting machines.
This document summarizes the requirements and procedures for disputes handled by the Lupong Tagapamayapa (Barangay Peacekeeping Council) according to Philippine law. It outlines that disputes must involve actual residents of the same city or municipality and cannot involve certain exceptions. It then describes the venue requirements, subject matter exceptions, mediation/conciliation/arbitration procedures, sanctions for failure to appear, execution procedures, and sales of personal property procedures.
The document discusses the Katarungang Pambarangay (Barangay Justice System) in the Philippines according to the Local Government Code. It provides conciliation and mediation services at the local level to resolve disputes in order to reduce the caseload of formal courts. The system is administered by the Lupong Tagapamayapa, which includes the Barangay Captain and volunteer members. They form Pangkat ng Tagapagkasundo conciliation panels to hear cases and facilitate agreements between disputing parties in the community. The Katarungang Pambarangay provides a free, local system for justice that aims to support the needs of the poor.
The document discusses the Katarungang Pambarangay, the barangay justice system in the Philippines. It was established by the Local Government Code of 1991 to provide a venue for amicable settlement of disputes at the barangay level. The barangay captain appoints a Lupon or committee of 10-20 members to facilitate mediation between disputing parties. The Lupon helps the parties find mutually agreeable solutions rather than acting as judges. A wide range of civil and criminal cases can be addressed through the barangay justice system.
The lupon is the conciliation body in each barangay composed of the punong barangay as chair and 10-20 members appointed every 3 years. The lupon aims to settle disputes amicably through mediation and constitutes conciliation panels called pangkat ng tagapagkasundo for each dispute. The pangkat, composed of 3 members chosen by the parties, hears both sides and explores settlement within 15 days. The objectives of barangay conciliation include decongesting courts and promoting speedy justice through alternative dispute resolution at the barangay level.
Katarungangpambarangayver2 111204070138-phpapp01C Len Too
The document summarizes the key aspects of the Katarungang Pambarangay or Barangay Justice System in the Philippines. It discusses:
1) The establishment and objectives of the Barangay Justice System which aims to facilitate amicable dispute settlement through mediation rather than adjudication.
2) The process for constituting the Lupon Tagapamayapa or mediation panel including qualifications, term limits, and roles.
3) Guidelines for handling cases including covered offenses, exempted cases, filing complaints, summons procedures, and the mediation process conducted by the Barangay Captain.
This document establishes the Lupong Tagapamayapa Incentives Awards (LTIA) to recognize lupons for their contributions to the Katarungang Pambarangay Program. The awards aim to strengthen the program, institutionalize incentives for exemplary lupons, and increase awareness and support. A committee determines winners in categories for different city/municipality classes based on efficiency, effectiveness, and creativity in fulfilling program objectives like timely dispute resolution and compliance. National awardees receive presidential trophies and cash prizes to support program projects.
This document provides an overview and summary of a handbook on Katarungang Pambarangay, which is the Barangay Justice System in the Philippines. The handbook was published by the Philippines-Canada Local Government Support Program to increase understanding of the processes, benefits and role of the Katarungang Pambarangay system among barangay officials, community members, and organizations. It contains information on constituting the Lupon Tagapamayapa peace council, mediation and conciliation processes, arbitration, indigenous dispute resolution, scholarships, and incentives available through the barangay justice system. The handbook aims to promote greater access to and use of the alternative dispute resolution mechanisms available at the bar
This document provides guidance for poll watchers on election day. It outlines their qualifications and rights, including observing voting procedures, filing protests, and obtaining certificates. It describes establishing poll watching kits with necessary forms and documents. The duties of poll watchers are divided into pre-election day, before voting starts, and during voting. Key responsibilities include observing the testing and sealing of voting machines, and monitoring for irregularities like illegal voters or voting procedures. The document also covers procedures for rejected ballots and issues with voting machines.
The certificate certifies that mediation failed to resolve the dispute between Hon. Emilie D. Andrade and Hon. Michel M. Orquiola. Personal confrontation before the Punong Barangay and the constituted Pangkat ng Tagapagkasundo did not result in a settlement. As a result, a complaint regarding the dispute can now be filed in court or with the proper government office.
BRGY. 6 RESOLUTION NO. 24 Series of 2019 PROTECTION OF CHILDREN PLANPunto Mindoro
CHAIRWOMAN SUSAN BONDAD
Brgy. 6, Mamburao, Occidental Mindoro
BRGY. 6 RESOLUTION NO. 24 Series of 2019 | RESOLUTION RESOLUTION APPROVING AND ADOPTING BARANGAY COUNCIL FOR THE PROTECTION OF CHILDREN (BCPC) ACTION PLAN FOR THE YEAR 2020 AMOUNTING TO P17, 154.22.
The document provides guidelines for the Local Committee on Anti-Trafficking and Violence Against Women and their Children (LCAT-VAWC) in Dagupan Village. It outlines the organization, composition, and criteria for assessment of the LCAT-VAWC. Key aspects include conducting regular quarterly meetings, developing an annual work and financial plan with policies and programs to address trafficking and violence, and maintaining a database to track cases and provide services to victims. The assessment evaluates the organization, meetings, policies/plans/budget, and accomplishments of the LCAT-VAWC to determine its level of functionality.
Under Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004 (“VAWC”), the concept of “violence” against women and children includes not just physical violence, but also sexual violence, psychological violence, and economic abuse, including threats of such acts, battery, assault, coercion, harassment, or arbitrary deprivation of liberty.[1] The law penalizes any act or a series of acts “committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode.”
This document provides an overview of various crimes committed by public officers under Philippine criminal law. It discusses the elements of malfeasance, bribery, fraud, malversation of public funds, and other offenses. Key points include:
1. To be considered a public officer under the law, one must take part in government functions or duties by direct provision of law, popular election, or appointment.
2. Malversation of public funds involves a public officer misappropriating funds or property for which they are accountable. It can be proven if the officer cannot account for missing funds.
3. Bribery involves a public officer receiving a gift or promise in exchange for performing or not performing an official act.
The document discusses the foundations of the Katarungang Pambarangay or Barangay Justice System in the Philippines. It is mandated by the Local Government Code of 1991 and prior laws to promote the speedy administration of justice, minimize court filings and docket congestion, and recognize traditions of community dispute resolution. The system is administered through Lupongs Tagapamayapa (justice councils) composed of local leaders and residents, and Pangkats ng Tagapagkasundo (conciliation panels) made up of disputing parties and council members, who facilitate amicable solutions rather than act as judges.
This document contains an acknowledgment form used in the Philippines. The form acknowledges that an individual personally appeared before a notary public and acknowledged that they voluntarily signed a document. It includes spaces for the notary public to fill in details like the date, location, and expiration date of their commission. The form helps validate that a document was properly signed in the presence of an authorized official.
This document summarizes rules regarding special proceedings in the Philippines, specifically focusing on the settlement of estates of deceased persons. It provides details on:
1) Which courts have jurisdiction over probate proceedings based on the value of the estate. Regional trial courts have jurisdiction over most estates, while metropolitan and municipal trial courts handle smaller estates.
2) Venue requirements for probate, which is generally the province where the deceased resided. Extrajudicial settlement is allowed if heirs agree and certain conditions are met.
3) Probate court powers including ordering probate of wills, granting letters of administration, approving claims and debts, authorizing real estate transactions, and distributing estates.
The document then provides
The document discusses the Katarungang Pambarangay (Barangay Justice System) in the Philippines according to the Local Government Code. It provides a system of justice for resolving local disputes to reduce court caseloads and provide access to justice for all citizens. Cases are heard by the Lupong Tagapamayapa council and Pangkat ng Tagapagkasundo conciliation panels at the barangay level. It outlines the roles and procedures of the barangay councils, types of cases covered, and emphasizes the importance of supporting the system to provide free and fast justice.
The Local Legislative Process: Powers and Functions of the SanggunianJo Balucanag - Bitonio
The document discusses the powers and functions of local legislative bodies called Sanggunians in the Philippines. It outlines that Sanggunians have the power to pass ordinances, approve budgets, conduct oversight of local executive functions, and regulate certain local matters. It describes the legislative process that Sanggunians must follow, including requirements for sessions, voting procedures, and how ordinances are enacted. It also discusses the Sanggunian's role in reviewing measures passed by lower-level local governments and conducting oversight of local executive branch actions and programs.
The document summarizes the performance highlights of the Lupong Tagapamayapa of Barangay Gubatan in Maco, Compostela Valley Province for the year 2018. It discusses their efficiency in operations through observance of settlement procedures, timely submission of reports, and monthly meetings. It also outlines their effectiveness in securing dispute settlements, with all 25 cases filed in 2018 settled during mediation and 100% compliance with settlement terms. The Lupon demonstrated creativity through settlement techniques like family counseling sessions and maintaining an updated registry of inhabitants.
Module 2- Formulation of BADAC Plan of Action.pptx.pdfssuser85ef0a
The document outlines the process for formulating a BADAC (Barangay Anti-Drug Abuse Council) Plan of Action. It discusses strategic planning, including problem identification, objective setting, strategy identification, and project prioritization. It provides templates for the BADAC Plan of Action and for monitoring accomplishments. The overall purpose is to establish a 3-year plan to strengthen campaigns against illegal drugs in the community through a collaborative strategic planning process.
Barangay Governance and Youth Participation in Philippine Governance;
Functions and Duties of Barangay Captain, Kagawad, SK Chairman and Kagawad;
Responsibility, Transparency, and Accountability; and
SK Reform and Abolition
This document outlines the organization and functions of Local Councils for the Protection of Children (LCPC) in the Philippines. LCPCs are established at the provincial, city/municipal, and barangay levels to advocate for child rights and implement children's programs. They were established through various laws and administrative orders. The LCPCs at each local level are responsible for formulating plans and programs for children, providing coordination and technical assistance, monitoring implementation, and performing other functions to promote children's welfare as outlined in laws like the UN Convention on the Rights of the Child. The document details the composition, functions, and monitoring of LCPCs at different government levels to facilitate children's programs locally.
PUBLIC POLICY FORMULATION AND IMPLEMENTATION: PROPOSED LEGISLATIONjundumaug1
The document summarizes the minutes from a meeting of the Sangguniang Pambarangay of Barangay San Roque. The members passed Barangay Resolution No. 147 enacting an ordinance to regulate video singko or video-ke singko businesses in the area. The ordinance requires registration of these businesses and restricts their hours of operation, location, and bans alcohol and cigarette sales to minors. Violations of the ordinance will result in fines and possible revocation of business permits for repeat offenders.
Rosalinda Mallari swore in an affidavit that:
1) She is the accused in a criminal case for estafa before the Regional Trial Court Branch 25 in Cabanatuan City.
2) She posted a cash bond of 9,000 pesos for her provisional liberty.
3) She binds herself to appear at all stages of the trial when notified, or the court may declare her to have waived her right to be present and proceed with trial in absentia.
Diversion refers to an alternative process for handling children in conflict with the law without resorting to formal court proceedings. It involves determining responsibility and treatment based on the child's background through informal means like mediation or community programs. Children eligible for diversion must be 15-18, acted with discernment, and are accused of offenses with imprisonment of 6-12 years. Diversion can occur at the barangay, police, or prosecutor level for lesser offenses, and in court for more serious offenses. It involves convening relevant parties to identify appropriate programs for the child, and drafting a contract outlining the program and responsibilities of all parties which the child must complete to conclude the diversion process.
The document summarizes the proceedings of the Cavinitan Barangay Assembly held on April 18, 2015. It discusses the Punong Barangay's report which covered accomplishments in 2014, compliance with reporting requirements, and ongoing and planned projects for 2015. These include infrastructure projects like road and drainage work as well as social services like installing air conditioning and window grills at the daycare center. The Barangay Treasurer also presented collections and expenditures. Other agenda items discussed were disaster preparedness, solid waste management, and peace and order. The assembly provided an opportunity for residents to engage with barangay officials.
This document discusses criminal law and punishment in the Philippines. It covers several key points:
1) Criminal law defines crimes and provides for their punishment. Punishment comes from the state's police power and seeks to redress harm to the public, not just individuals.
2) Punishment has both absolute and relative theories - the absolute is retributive justice while the relative aims to prevent further crimes and reform the offender.
3) Only Congress can enact penal laws, which must be generally applicable and not ex post facto or bills of attainder. Penal laws apply to all crimes within Philippine territory.
4) A repeal of a penal law can be absolute if the crime is decriminalized
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.
The document discusses the Katarungang Pambarangay (KP), the system of community-based dispute resolution in the Philippines. It provides details on:
1) The history and laws establishing the KP, beginning with its proposal in 1976 and institutionalization through Presidential Decree 1508 in 1978, later incorporated into the 1991 Local Government Code.
2) The three components that administer the KP - the Lupong Tagapamayapa (peacemaking council), Pangkatang Tagapagsundo (conciliation panel), and legal advisers.
3) The roles, composition, and procedures of the Lupong Tagapamayapa and Pangkatang Tagapags
The certificate certifies that mediation failed to resolve the dispute between Hon. Emilie D. Andrade and Hon. Michel M. Orquiola. Personal confrontation before the Punong Barangay and the constituted Pangkat ng Tagapagkasundo did not result in a settlement. As a result, a complaint regarding the dispute can now be filed in court or with the proper government office.
BRGY. 6 RESOLUTION NO. 24 Series of 2019 PROTECTION OF CHILDREN PLANPunto Mindoro
CHAIRWOMAN SUSAN BONDAD
Brgy. 6, Mamburao, Occidental Mindoro
BRGY. 6 RESOLUTION NO. 24 Series of 2019 | RESOLUTION RESOLUTION APPROVING AND ADOPTING BARANGAY COUNCIL FOR THE PROTECTION OF CHILDREN (BCPC) ACTION PLAN FOR THE YEAR 2020 AMOUNTING TO P17, 154.22.
The document provides guidelines for the Local Committee on Anti-Trafficking and Violence Against Women and their Children (LCAT-VAWC) in Dagupan Village. It outlines the organization, composition, and criteria for assessment of the LCAT-VAWC. Key aspects include conducting regular quarterly meetings, developing an annual work and financial plan with policies and programs to address trafficking and violence, and maintaining a database to track cases and provide services to victims. The assessment evaluates the organization, meetings, policies/plans/budget, and accomplishments of the LCAT-VAWC to determine its level of functionality.
Under Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004 (“VAWC”), the concept of “violence” against women and children includes not just physical violence, but also sexual violence, psychological violence, and economic abuse, including threats of such acts, battery, assault, coercion, harassment, or arbitrary deprivation of liberty.[1] The law penalizes any act or a series of acts “committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode.”
This document provides an overview of various crimes committed by public officers under Philippine criminal law. It discusses the elements of malfeasance, bribery, fraud, malversation of public funds, and other offenses. Key points include:
1. To be considered a public officer under the law, one must take part in government functions or duties by direct provision of law, popular election, or appointment.
2. Malversation of public funds involves a public officer misappropriating funds or property for which they are accountable. It can be proven if the officer cannot account for missing funds.
3. Bribery involves a public officer receiving a gift or promise in exchange for performing or not performing an official act.
The document discusses the foundations of the Katarungang Pambarangay or Barangay Justice System in the Philippines. It is mandated by the Local Government Code of 1991 and prior laws to promote the speedy administration of justice, minimize court filings and docket congestion, and recognize traditions of community dispute resolution. The system is administered through Lupongs Tagapamayapa (justice councils) composed of local leaders and residents, and Pangkats ng Tagapagkasundo (conciliation panels) made up of disputing parties and council members, who facilitate amicable solutions rather than act as judges.
This document contains an acknowledgment form used in the Philippines. The form acknowledges that an individual personally appeared before a notary public and acknowledged that they voluntarily signed a document. It includes spaces for the notary public to fill in details like the date, location, and expiration date of their commission. The form helps validate that a document was properly signed in the presence of an authorized official.
This document summarizes rules regarding special proceedings in the Philippines, specifically focusing on the settlement of estates of deceased persons. It provides details on:
1) Which courts have jurisdiction over probate proceedings based on the value of the estate. Regional trial courts have jurisdiction over most estates, while metropolitan and municipal trial courts handle smaller estates.
2) Venue requirements for probate, which is generally the province where the deceased resided. Extrajudicial settlement is allowed if heirs agree and certain conditions are met.
3) Probate court powers including ordering probate of wills, granting letters of administration, approving claims and debts, authorizing real estate transactions, and distributing estates.
The document then provides
The document discusses the Katarungang Pambarangay (Barangay Justice System) in the Philippines according to the Local Government Code. It provides a system of justice for resolving local disputes to reduce court caseloads and provide access to justice for all citizens. Cases are heard by the Lupong Tagapamayapa council and Pangkat ng Tagapagkasundo conciliation panels at the barangay level. It outlines the roles and procedures of the barangay councils, types of cases covered, and emphasizes the importance of supporting the system to provide free and fast justice.
The Local Legislative Process: Powers and Functions of the SanggunianJo Balucanag - Bitonio
The document discusses the powers and functions of local legislative bodies called Sanggunians in the Philippines. It outlines that Sanggunians have the power to pass ordinances, approve budgets, conduct oversight of local executive functions, and regulate certain local matters. It describes the legislative process that Sanggunians must follow, including requirements for sessions, voting procedures, and how ordinances are enacted. It also discusses the Sanggunian's role in reviewing measures passed by lower-level local governments and conducting oversight of local executive branch actions and programs.
The document summarizes the performance highlights of the Lupong Tagapamayapa of Barangay Gubatan in Maco, Compostela Valley Province for the year 2018. It discusses their efficiency in operations through observance of settlement procedures, timely submission of reports, and monthly meetings. It also outlines their effectiveness in securing dispute settlements, with all 25 cases filed in 2018 settled during mediation and 100% compliance with settlement terms. The Lupon demonstrated creativity through settlement techniques like family counseling sessions and maintaining an updated registry of inhabitants.
Module 2- Formulation of BADAC Plan of Action.pptx.pdfssuser85ef0a
The document outlines the process for formulating a BADAC (Barangay Anti-Drug Abuse Council) Plan of Action. It discusses strategic planning, including problem identification, objective setting, strategy identification, and project prioritization. It provides templates for the BADAC Plan of Action and for monitoring accomplishments. The overall purpose is to establish a 3-year plan to strengthen campaigns against illegal drugs in the community through a collaborative strategic planning process.
Barangay Governance and Youth Participation in Philippine Governance;
Functions and Duties of Barangay Captain, Kagawad, SK Chairman and Kagawad;
Responsibility, Transparency, and Accountability; and
SK Reform and Abolition
This document outlines the organization and functions of Local Councils for the Protection of Children (LCPC) in the Philippines. LCPCs are established at the provincial, city/municipal, and barangay levels to advocate for child rights and implement children's programs. They were established through various laws and administrative orders. The LCPCs at each local level are responsible for formulating plans and programs for children, providing coordination and technical assistance, monitoring implementation, and performing other functions to promote children's welfare as outlined in laws like the UN Convention on the Rights of the Child. The document details the composition, functions, and monitoring of LCPCs at different government levels to facilitate children's programs locally.
PUBLIC POLICY FORMULATION AND IMPLEMENTATION: PROPOSED LEGISLATIONjundumaug1
The document summarizes the minutes from a meeting of the Sangguniang Pambarangay of Barangay San Roque. The members passed Barangay Resolution No. 147 enacting an ordinance to regulate video singko or video-ke singko businesses in the area. The ordinance requires registration of these businesses and restricts their hours of operation, location, and bans alcohol and cigarette sales to minors. Violations of the ordinance will result in fines and possible revocation of business permits for repeat offenders.
Rosalinda Mallari swore in an affidavit that:
1) She is the accused in a criminal case for estafa before the Regional Trial Court Branch 25 in Cabanatuan City.
2) She posted a cash bond of 9,000 pesos for her provisional liberty.
3) She binds herself to appear at all stages of the trial when notified, or the court may declare her to have waived her right to be present and proceed with trial in absentia.
Diversion refers to an alternative process for handling children in conflict with the law without resorting to formal court proceedings. It involves determining responsibility and treatment based on the child's background through informal means like mediation or community programs. Children eligible for diversion must be 15-18, acted with discernment, and are accused of offenses with imprisonment of 6-12 years. Diversion can occur at the barangay, police, or prosecutor level for lesser offenses, and in court for more serious offenses. It involves convening relevant parties to identify appropriate programs for the child, and drafting a contract outlining the program and responsibilities of all parties which the child must complete to conclude the diversion process.
The document summarizes the proceedings of the Cavinitan Barangay Assembly held on April 18, 2015. It discusses the Punong Barangay's report which covered accomplishments in 2014, compliance with reporting requirements, and ongoing and planned projects for 2015. These include infrastructure projects like road and drainage work as well as social services like installing air conditioning and window grills at the daycare center. The Barangay Treasurer also presented collections and expenditures. Other agenda items discussed were disaster preparedness, solid waste management, and peace and order. The assembly provided an opportunity for residents to engage with barangay officials.
This document discusses criminal law and punishment in the Philippines. It covers several key points:
1) Criminal law defines crimes and provides for their punishment. Punishment comes from the state's police power and seeks to redress harm to the public, not just individuals.
2) Punishment has both absolute and relative theories - the absolute is retributive justice while the relative aims to prevent further crimes and reform the offender.
3) Only Congress can enact penal laws, which must be generally applicable and not ex post facto or bills of attainder. Penal laws apply to all crimes within Philippine territory.
4) A repeal of a penal law can be absolute if the crime is decriminalized
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.
The document discusses the Katarungang Pambarangay (KP), the system of community-based dispute resolution in the Philippines. It provides details on:
1) The history and laws establishing the KP, beginning with its proposal in 1976 and institutionalization through Presidential Decree 1508 in 1978, later incorporated into the 1991 Local Government Code.
2) The three components that administer the KP - the Lupong Tagapamayapa (peacemaking council), Pangkatang Tagapagsundo (conciliation panel), and legal advisers.
3) The roles, composition, and procedures of the Lupong Tagapamayapa and Pangkatang Tagapags
1. Pepito filed a case of unjust vexation against Serafin after Serafin kissed and smashed Pepito's neck during a chance meeting at a town fiesta, uttering that he still loved her.
2. The court dismissed the case because Pepito failed to first go through the Barangay Justice System to try and settle the dispute through mediation before filing in court.
3. The Barangay Justice System is meant to solve disputes at the barangay level through mediation and conciliation in order to minimize court caseloads and promote swift justice administration.
1. The document discusses issues related to delays in the Indian justice system and proposes solutions to address the massive backlog of cases. It notes that the Supreme Court, High Courts, and subordinate courts currently have over 32 million pending cases.
2. Major problems contributing to delays include a lack of technological assistance, inadequate budgetary allocations, vacancies not being filled, and poor judicial management. The document proposes various reforms like increasing infrastructure and technologies, establishing more courts, enhancing alternative dispute resolution mechanisms, and improving judicial efficiencies.
3. If implemented effectively, the recommendations around expanding access to justice through legal reforms, ensuring judicial independence, and utilizing new technologies could help reduce pendency and ensure timelier justice for Indian
The document outlines India's legal aid system and the role of Lok Adalats in providing access to justice. Key points include:
- The Legal Services Authorities Act established a nationwide network to provide free legal services to weaker sections of society. National and State Legal Services Authorities were constituted to monitor and implement legal aid programs.
- Lok Adalats serve as an alternate dispute resolution system organized by legal services authorities to settle pending cases. Awards by Lok Adalats have the same legal effect as court decisions.
- The functions of Lok Adalats are to impartially and fairly handle pending cases, facilitate settlements to avoid court fees, and not force compromises if parties do not accept proposed terms.
The document discusses various techniques of alternative dispute resolution (ADR) in India. It describes arbitration, conciliation, mediation and negotiation as the main ADR techniques. Arbitration involves referring a dispute to a third party arbitrator, whose decision is binding. Conciliation and mediation are non-binding processes where a neutral third party helps parties reach a settlement. Negotiation does not involve a third party; parties work directly to find a mutually agreeable solution. The document provides details on the procedures and key aspects of each ADR technique.
Lok Adalat is an alternative dispute resolution body in India that aims to settle disputes amicably before or during litigation, with awards having the same legal force as a court ruling. It operates at state and high court levels, composed of sitting or retired judges and legal professionals, and handles a wide range of pending and pre-litigation cases through national, permanent, and mobile versions. The first Lok Adalat was held in 1982 in Gujarat and over the years they have settled over 8 crore cases nationwide.
Association of Owner And Tenant of Condominium Unit (P3SRS)Leks&Co
The establishment of P3SRS must be facilitated by the developers no later than the end of transition period.
The transition period is at the latest 1 year from the first handover of condominium unit to the owner, despite that the condition all condominium units have not been sold.
The “facilitation” must consist of at least:
providing meeting rooms along with its supporting equipment, which must consist of at least tables, chairs, whiteboards/stationaries, microphones, and information/media boards for the owners and/or tenants.
providing ownership and/or tenancy data, along with the location of condominium units based on the record conducted by the developers.
supporting the administration and providing meals (consumption).
The establishment of P3SRS consists of the (i) preparation for the establishment, and (ii) implementation of establishment, with the funding that will be borne by the developer.
TOT Alternative Dispute REsolution.pptxMARINELORO1
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2. 1. Definition of terms
2. Introduction
3. constitution of the Lupon
4. Stages of Katarungang Pambarangay
5. Indigenous modes of dispute resolution
6. Cases under Katarungang Pambarangay
7. Cases exempted in Katarungang Pambarangay
SCOPE OF PRESENTATION
3. • Amicable Settlement is an agreement reached during mediation and
conciliation proceedings.
• Arbitration is a process wherein the third party from outside the judicial
system is chosen by parties to hear and decide their dispute.
• Arbitration Award is the decision reached by either the Lupon Chairperson
or Pangkat, as the case may be, upon prior agreement in writing by the
parties to a dispute for the adjudicators to resolve it.
• Complaint is a concise statement of ultimate facts constituting the plaintiff’s
cause and causes of action.
DEFINITION OF TERMS
4. • Conciliation is a process wherein the Pangkat forgoes 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. The parties seek
to reach an amicable dispute settlement with the assistance of the
conciliator, who acts as a neutral third party.
• Jurisdiction is an authority to hear and decide a case and given by law and
cannot be agreed by the parties
• Katarungang Barangay (KP) is a system of justice administered at the
barangay level for the purpose of amicable settling disputes through
mediation, conciliation or arbitration among the family or barangay without
resorting to the courts.
DEFINITION OF TERMS
5. • Lupong Tagapamayapa (Lupon) is a body organized in every barangay composed of
Punong Barangay as the chairperson and not less than 10 nor more than 20 members
selected every three (3) years from among the barangay residents or persons working in
the barangay not otherwise disqualified by law, from which the members of every
Pangkat shall be chosen.
• 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.
• 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. Now, if the parties fail to
agree on the members of the Pangkat, then a draw lots will be done by the Lupon
Tagapamayapa Chairman to determine the members of the Pangkat.
DEFINITION OF TERMS
6. • 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 the Punong
Barangay and other members of the communities
(the Lupon members) as intermediaries
(mediators, conciliators, and, sometimes,
arbitrators).
INTRODUCTION
7. • 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.
• When PD 1508 first decreed the setting up of the Barangay Justice System, the law had
the following objectives:
To promote the speedy administration of justice
To minimize the indiscriminate filing of cases in courts
To minimize the congestion of court dockets and thereby enhance the quality of justice
dispensed by the courts
To perpetuate and recognize the time-honored tradition of amicably settling disputes at
the community level.
INTRODUCTION
8. • These same objectives are stated in the Katarungang Pambarangay Rules that
were promulgated by the Department of Justice on June 1, 1992, pursuant to the
mandate of the Local Government Code. These rules serve as the implementing
rules for the provisions of the Local Government Code on the establishment,
administration, and operation of the Barangay Justice System.
• 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.
• Hence, the primary role of the system is not to decide disputes and impose a
solution on the parties but to assist the parties in discussing the possible
amicable settlement of their disputes.
INTRODUCTION
9. • The Punong Barangay and the community
conciliators (Lupon members) do not act as judges
or adjudicators of disputes but as facilitators for
the disputing parties’ discussion of possible
solutions.
• For this reason, the personal appearance and
participation of the disputing parties is necessary,
while the non-appearance of the parties will have
corresponding sanctions.
• Also because of the need for the disputing parties’
personal participation in the conciliation
proceedings, disputes involving non-natural
persons like corporations are not subject to the
conciliation proceedings of the Barangay Justice
System.
INTRODUCTION
10. • The Barangay Justice System provides an alternative mode for dispute resolution to
the costly and lengthy process of settling disputes in regular courts. Instead of going
through the very technical procedure of filing formal pleadings and presenting evidence
in courts, the parties of a dispute are given the opportunity to try to talk to each other
and resolve their disputes amicably.
• The technical processes and rules that are usually applied in court proceedings are not
applied. Filing a case in court, or defending oneself against such a case, would
necessarily entail the services of lawyers.
• In the Barangay Justice System, however, the parties do not need to secure the services
of lawyers. In fact, the law prohibits the participation of lawyers in the conciliation
proceedings. While cases that are tried in courts generally take years to be resolved,
cases that go through the Barangay Justice System would generally take only a few
weeks.
INTRODUCTION
11. • Simply put, the Barangay Justice System provides a friendly, inexpensive, and speedy
forum for the settlement of disputes where the parties can freely explore options for
amicably resolving their disputes without resorting to the courts.
• The Barangay Justice System is also envisioned to complement the courts in
administering justice. For cases that are covered by the Barangay Justice System, it is
compulsory for the parties to go through the Barangay Justice System proceedings first
before going to court.
• Failure to do so would mean the dismissal of the parties’ claim or counterclaim. It is only
when the Barangay Justice System has failed to resolve the dispute that the parties will
be allowed to bring their case to court.
INTRODUCTION
12. • The Supreme Court issued Administrative Circular No. 14-93 on July 15, 1993 directing
the courts to ensure compliance with the requirement of prior recourse to the
Barangay Justice as a condition for filing a complaint in court for cases that are covered
by the system.
• With more disputing parties settling their disputes at the community level, it is expected
that the filing of cases between members of the same community will be minimized.
This, in turn, will help reduce the congestion of the courts’ dockets and, hopefully,
improve the efficiency and quality of the courts’ dispensation of justice.
• The Barangay Justice system is, thus, both an alternative and complementary mode of
resolution to the court system
INTRODUCTION
13. SIX STEPS TO CONSTITUTE THE LUPON
STEP 1 - Determining the actual number of Lupon Members
• The Punong Barangay has the authority to constitute the Lupon and can appoint the
Lupon members. It is his/her exclusive prerogative — no need for approval,
confirmation or ratification of the Sangguniang Barangay.
• Within fifteen (15) days from the start of their term as Punong Barangay, he or she
should issue a notice to constitute the Lupon and prepare the list of the names of
proposed Lupon members with a minimum of ten and a maximum of twenty persons.
• If the Punong barangay fails to organize the Lupon, He/she can be charged of neglect of
duty and be subjected to administrative sanctions.
CONSTITUTION OF THE LUPON
14. • Qualification of the Lupon Members
• 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.
15. STEP 2 - Preparing a notice to constitute the Lupon
• The Brgy secretary, who is also the concurrent
secretary of Lupon, shall prepare a notice to
constitute the Lupon using KP form 1.
• This notice shall be posted in three conspicuous or
strategic places within 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.
16. STEP 3: Posting the notice to constitute the
Lupon
• Any member of the barangay can protest
or recommend somebody from the
barangay.
• The recommendation shall be made within
the period of posting for three weeks.
17. STEP 4: Appointment of Lupon Members
• Ten days after the last day of posting, the
Punong barangay shall put in writing the
appointment of the lupon members using
KP form 2, duly signed by the punong
barangay and attested by the barangay
secretary.
18. STEP 5: Oath taking of Lupon members
• The newly appointed lupon members shall
take their oath immediately before you as
Punong barangay using KP form 5.
• STEP 6: Posting
19. TERM OF OFFICE
Upon appointment, each lupon member shall serve for three (3) years unless
terminated by death, resignation, transfer of residence or place of work, or withdrawal
of appointment by the punong barangay. However, the withdrawal should be concurred
with a majority of all the members of lupon.
The lupon members shall serve without any compensation. If the barangay has enough
funds, we can always give honoraria to Lupon members who have participated in the
resolution of a particular case.
On the other hand, under 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.
20. • The Katarungang Pambarangay has three stages to wit:
1. Mediation
2. Conciliation
3. Arbitration
The mediation proceedings will be handled by the Punong Barangay who will
NOT resolve the case but will help them resolve their case. He/she will
listen to them carefully and help them find the solution of within 15 days.
If the respondent does not appear , the case will be referred to the Pangkat
Tagapagsundo.
STAGES OF KATARUNGANG BARANGAY
21. If the mediation fails and no settlement is ever reached, the other way that
the parties can settle their disputes is through a group of conciliators known
and respected by both parties or the Pangkat tagapagkasundo.
The Conciliation proceedings through Pangkat tagapagkasundo - the
punong barangay will constitute the pangkat ng tagpagsundo within 15 days
from the last day of the mediation proceedings, from the 3 members that
came from the Lupon and will be chosen by both parties , the complainant
and the respondent.
If the parties fail to agree on the Pangkat membership, the Punong Barangay
as the Lupon chairperson will determine the 3 members by drawing lots to
be distributed to the members of Pangkat.
STAGES OF KATARUNGANG BARANGAY
22. After the pangkat members have been chosen, they shall elect from among themselves
a chairperson and a secretary.
The Lupon secretary shall give/turn over all records of the case to the Pangkat secretary
for the Pangkat to study.
Relationship, bias, interest of other similar grounds discovered after the constitution of
pangkat can be grounds for disqualification of Pangkat member. The Pangkat shall resolve
the matter by a majority vote. Its decision on this matter is final.
The Pangkat shall meet to hear both parties, explore possibilities for amicable settlement
within 15 days which can be extended for another 15 days in a meritorious case and
issue subpoena of witnesses whenever necessary.
STAGES OF KATARUNGANG BARANGAY
23. What if any of the party fails to appear before the pangkat?
The pangkat chairperson shall set a date for the absent party or parties to appear before
him to explain the reasons for his/their failure to appear at the hearing.
What if it was found out that their reasons for not appearing before the pangkat was
unreasonable?
if the pangkat chairperson finds after hearing that the failure to appear of the
complainant is without justifiable reason, he/she shall:
1. dismiss the complain
2. Direct the issuance of and attest to the certification to bar the filing of action in court or
any government offices
3. Apply with the local trial court for punishment of the recalcitrant party for the indirect
contempt of court.
24. For the respondent, on the other hand, the pangkat shall:
1. Dismiss the respondents counterclaim.
2. Direct the issuance of and attest to the certification to bar the filing of
respondent counterclaim in court or government office.
3. To bar the filing of respondent counterclaim in court or government office
4. To file complainant‛s action in court or any government office.
The Pangkat chairperson shall apply, in similar manner, for the punishment of
a witness who willfully fails or refuses to appear as for indirect contempt of
court.
25. What if there was no settlement between the parties, despite all efforts to
conciliate?
A certification to file action, shall be filled up, attesting that no conciliation
or settlement has been reached as certified by the pangkat secretary and
signed by the Pangkat chairman. The certification to file action shall be
submitted to the corresponding court or government office for filing of an
appropriate case.
26. Arbitration is 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.
in arbitration, the lupon chairperson or 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
STAGES OF KATARUNGANG BARANGAY
27. In some areas in the barangay which are predominantly inhabited by
Muslims and others by indigenous people. Will the same law apply to
them?
In barangays, where the majority are from indigenous cultural communities,
the local systems of settling disputes apply to them through their councils of
tribal elders or some other form of traditional mechanism. However, in
Muslim-dominated barangays, the laws of Shariah applies to them. This is
recognized by the local government code.
INDIGENOUS MODES OF DISPUTE RESOLUTION
28. The provincial office of the Philippine Statistics Authority (PSA) should
certify that the majority of the inhabitants of the barangay belong to the
indigenous cultural communities.
They should not forget to register the names of their recognized datu or
elders with the office of the mayor in the respective city or municipality.
The elders or datus must certify the indigenous system of settling disputes by
their respective councils of datus, tribal leaders or leaders.
INDIGENOUS MODES OF DISPUTE RESOLUTION
29. What if only one of the disputant belongs to another tribal community,
how can we settle this?
The parties must agree upon the indigenous system they would submit
themselves to for amicable settlement.
What if they cannot mutually agree on the submission of the dispute with
the indigenous system of amicable settlement?
Then that is the time when the settlement proceedings provided for by the
Katarungang Pambarangay shall be applied.
INDIGENOUS MODES OF DISPUTE RESOLUTION
30. What if the dispute is settled successfully through the local indigenous
system, does the tribal council need to inform the Punong Barangay?
The tribal council needs to transmit a copy of the settlement duly attested to
by the tribal council leaders to the Punong Barangay of the place where the
dispute has been settled.
Does the settlement have the same force and effect of an amicable
settlement with Katarungang Pambarangay?
Yes. The attested settlement under the local indigenous system shall have the
same force and effect as settlement arrived at through the procedures under
the Katarungang Pambarangay law.
INDIGENOUS MODES OF DISPUTE RESOLUTION
31. What if the parties failed to arrive at an amicable settlement under the
local indigenous system?
The council will still issue a certificate that a settlement has failed and
transmit the same to the punong barangay.
So what are the duties of lupon secretary with respect to the attested
settlement and certificate of non settlement under the local indigenous
settlement system?
The lupon secretary shall keep a file of the attested settlement and
certificates of non-settlement transmitted to the punong barangay and
transmit each to the proper local court.
INDIGENOUS MODES OF DISPUTE RESOLUTION
32. All disputes, civil and criminal in nature where parties actually reside in the same city or
municipality are subjected to proceedings of amicable settlement. There are cases that fall
under our jurisdiction.
CASES UNDER KATARUNGANG PAMBARANGAY
• Unlawful use of means of publication and unlawful utterances (art. 154);
• Alarms and scandals (art. 155);
• Using false certificates (art. 175);
• Using fictitious names and concealing true names (art. 178);
• Illegal use of uniforms and insignias (art. 179);
• Physical injuries inflicted in a tumultuous affray (art. 252);
• Giving assistance to consummated suicide (art. 253);
CASES UNDER KATARUNGANG PAMBARANGAY
33. • 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);
34. • Other forms of tresspass (art. 281);
• Light threats (art. 283);
• Other light threats (art. 285);
• Grave coercion (art. 286);
• Light coercion (art. 287);
• 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);
35. • 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);
• 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);
36. • 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);
• 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).
37. • WHAT ARE THE CASES EXEMPTED IN KATARUNGANG PAMBARANGAY?
Circular no. 14-93 July 15, 1993 - Guidelines on the Katarungang Pambarangay
conciliation procedure to prevent circumvention of the revised Katarungang Pambarangay
Law (Sections 399-422, Chapter VII, TITLE I, Book III, R.A. 7160 otherwise known as
the local government code of 1991).
In order that the laudable purpose of the law may not be subverted and its effectiveness
undermined by indiscriminate, improper and/or premature issuance of certifications to
file actions in court by the Lupon or Pangkat Secretaries, attested by the Lupon/Pangkat
Chairmen, respectively, the following guidelines are hereby issued for the information of
trial court judges in cases brought before them coming from the Barangays:
38. • WHAT ARE THE CASES EXEMPTED IN KATARUNGANG PAMBARANGAY?
Circular no. 14-93 July 15, 1993 - Guidelines on the Katarungang Pambarangay
conciliation procedure to prevent circumvention of the revised Katarungang Pambarangay
Law (Sections 399-422, Chapter VII, TITLE I, Book III, R.A. 7160 otherwise known as
the local government code of 1991).
In order that the laudable purpose of the law may not be subverted and its effectiveness
undermined by indiscriminate, improper and/or premature issuance of certifications to
file actions in court by the Lupon or Pangkat Secretaries, attested by the Lupon/Pangkat
Chairmen, respectively, the following guidelines are hereby issued for the information of
trial court judges in cases brought before them coming from the Barangays:
39. I. All disputes are subject to Barangay conciliation pursuant to the Revised
Katarungang Pambarangay Law (formerly P.D. 1508, repealed and now
replaced by Secs. 399-422, Chapter VII, Title I, Book III, and Sec. 515, Title I,
Book IV, R.A. 7160, otherwise known as the Local Government Code of
1991), and prior recourse thereto is a pre-condition before filing a
complaint in court or any government offices, except in the following
disputes:
40. 1. Where one party is the government, or any subdivision or instrumentality
thereof;
2. Where one party is a public officer or employee, and the dispute relates to
the performance of his official functions;
3. Where the dispute involves real properties located in different cities and
municipalities, unless the parties thereto agree to submit their difference
to amicable settlement by an appropriate Lupon;
41. 4. Any complaint by or against corporations, partnership or juridical entities,
since only individuals shall be parties to Barangay conciliation proceedings
either as complainants or respondents (Sec. 1, Rule VI, Katarungang
Pambarangay Rules);
5. Disputes involving parties who actually reside 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;
6. Offenses for which the law prescribes a maximum penalty of imprisonment
exceeding one (1) year or a fine over five thousand pesos (P5,000.00);
7. Offenses where there is no private offended party;
42. 9. Any class of disputes which the President may determine in the interest of justice or
upon the recommendation of the Secretary of Justice;
10. Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) (Sec.
46 & 47, R.A. 6657)
11. 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);
12. Actions to annul judgment upon a compromise which may be filed directly in court
(See Sanchez vs. Tupaz, 158 SCRA 459).
43. 8. 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 deprived 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.
44. 9. Any class of disputes which the President may determine in the interest of justice or
upon the recommendation of the Secretary of Justice;
10. Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) (Sec.
46 & 47, R.A. 6657)
11. 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);
12. Actions to annul judgment upon a compromise which may be filed directly in court
(See Sanchez vs. Tupaz, 158 SCRA 459).
45. II. Under the provisions of R.A. 7160 on Katarungang Pambarangay
conciliation, as implemented by the Katarungang Pambarangay
Rules and Regulations promulgated by the Secretary of Justice, the
certification for filing a complaint in court or any government office
shall be issued by Barangay authorities only upon compliance with
the following requirements:
46. 1. Issued by the Lupon Secretary and attested by the Lupon Chairman (Punong
Barangay), certifying that a confrontation of the parties has taken place and that a
conciliation settlement has been reached, but the same has been subsequently
repudiated (Sec. 412, Revised Katarungang Pambarangay Law; Sec. 2[h], Rule III,
Katarungang Pambarangay Rules);
2. Issued by the Pangkat Secretary and attested by the Pangkat Chairman, certifying that:
a. a confrontation of the parties took place but no conciliation/settlement has been
reached (Sec. 4[f], Rule III, Katarungang Pambarangay Rules; or
b. that no personal confrontation took place before the Pangkat through no fault of the
complainant (Sec. 4[f], Rule III, Katarungang Pambarangay Rules).
47. 3. Issued by the Punong Barangay, as requested by the proper party on the ground of
failure of settlement where the dispute involves members of the same indigenous
cultural community, which shall be settled in accordance with the customs and
traditions of that particular cultural community, or where one or more of the parties to
the aforesaid dispute belong to the minority and the parties mutually agreed to submit
their dispute to the indigenous system of amicable settlement, and there has been no
settlement as certified by the datu or tribal leader or elder to the Punong Barangay of
place of settlement (Secs. 1,4 & 5, Rule IX, Katarungang Pambarangay Rules); and
4. If mediation or conciliation efforts before the Punong Barangay proved unsuccessful,
there having been no agreement to arbitrate (Sec. 410 [b], Revised Katarungang
Pambarangay Law; Sec. 1, c. (1), Rule III, Katarungang Pambarangay Rules), or where the
respondent fails to appear at the mediation proceeding before the Punong Barangay
(3rd par. Sec. 8, a, Rule VI, Katarungang Pambarangay Rules), the Punong Barangay shall
not cause the issuance at this stage of a certification to file action, because it is now
mandatory for him to constitute the Pangkat before whom mediation, conciliation, or
arbitration proceedings shall be held.
48. III. All complaints and/or informations filed or raffled to your sala/branch
of the Regional Trial Court shall be carefully read and scrutinized to
determine if there has been compliance with prior Barangay conciliation
procedure under the Revised Katarungang Pambarangay Law and its
Implementing Rules and Regulations, as a pre-condition to judicial action,
particularly whether the certification to file action attached to the records
of the case comply with the requirements hereinabove enumerated in
par. II;
49. IV. A case filed in court without compliance with prior Barangay conciliation which is
a pre-condition for formal adjudication (Sec. 412 [a] of the Revised Katarungang
Pambarangay Law) may be dismissed upon motion of defendant/s, not for lack of
jurisdiction of the court but for failure to state a cause of action or prematurity
(Royales vs. IAC, 127 SCRA 470; Gonzales vs. CA, 151 SCRA 289), or the court may
suspend proceedings upon petition of any party under Sec. 1, Rule 21 of the Rules
of Court; and refer the case motu proprio to the appropriate Barangay authority,
applying by analogy Sec. 408 [g], 2nd par., of the Revised Katarungang Pambarangay
Law which reads as follows:
The court in which non-criminal cases not falling within the authority of the Lupon
under this Code are filed may at any time before trial, motu proprio refer case to the
Lupon concerned for amicable settlement.