FINALTRUEENFORCEMENT OF BARANGAY SETTLEMENT.ppt

EXECUTION OF
BARANGAY
SETTELMENT / AWARD
JUDGE DAMASO ASUNCION JR.
Mariveles, Bataan

I. LEGAL BASIS
• The Revised Katarungang Pambarangay
Law , RA 7160 (a.k.a. Local Government
Code of the Philippines.)
– TITLE I, BOOK III SECTION 399-422
CHAPTER 7
– TITLE I, BOOK IV SECTION 515
– IMPLEMENTING RULES AND
REGULATIONS (IRR)

DEFINITION OF TERMS
• 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.

Continuation…
• Arbitration Award is the decision reached
by either the lupon chairperson or pangkat
chairperson, as the case maybe, upon
prior agreement in writing by the parties to
a dispute for the adjudicators to resolve it.
• Conciliation is a process wherein the
Pangkat assist the parties to isolate issues
and options to reach a settlement by
consensus that jointly satisfies theirneeds.

Continuation…
• Execution is the process of exacting
satisfaction for on or both of the parties
through compulsory or coercive means. It
entails the enforcement of the amicable
settlement or arbitration award in so far as
this may enjoin or command any of the
parties to perform an act, give something
or refrain from doing some act.

Continuation…
• 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
members without resorting to the courts.
• Lupong tagapamayapa is a body
organized in every barangay composed of
Punong barangay as the Chairperson and

Continuation…
• not less than ten and not more than twenty
(20) from which the members of every
Pangkat shall be chosen.
• Mediation is the process wherein the
Lupon Chairperson or Barangay Captain
assists the disputing parties to reach a
settlement by consensus that jointly
satisfies their needs.

Continuatin…
• Pangkat Tagapagkasundo (Pangkat) is a
conciliation panel constituted from the
Lupon membership for every dispute
brought before the Lupon consisting of
three members after the Punong barangay
has failed in his mediation effort.
• Repudiation is an act of rejecting the
validity or refusing to accept the terms and
conditions of agreement on the ground of

Continuation…
• vitiation of consent by fraud, violence or
intimidation.
• Rescission – refers to the cancellation of
an agreement or contract either through
mutual agreement of the parties or for
cause. A party can rescind a contract
when the other party fails to comply with
his legal obligation.

II. PREMISE / BASIC
PROPOSITION
• EXISTING OF A VALID BARANGAY
SETTLEMENT / AWARD
• REQUISITES OF VALID SETTLEMENT
– 1. consent or meetings minds of the parties
– 2.object certain which is the subjsct matter of the
contract
– 3.cause of the obligation which is established
(Art.1318 of the Civil Code )
– 4.in writings

Continuation…
• 5.in the dialects known to the parties
• 6.signed by the parties
• 7.attested by the Punong Barangay or
Pangkat Chairman ,as the case maybe
• Requisites of valid arbitration award
• 1.there must be an agreement in writings
that the parties will abide by the award of
the arbiter

• 2.the arbitrator should be the Lupon
Chairperson or the Pangkat Chairperson,
as the case maybe
• 3. no repudiation or withdrawal of the
agreement to submit their case to
arbitration within 5 days after such
agreement on the ground of fraud,
violence or intimidation

• 4.consent to the agreement to arbitrate is
consciously and freely given by the parties
• 5.observance of due process; that is, both
parties are given the opportunity to
present their evidence
• 6.decision of the arbitrator must be based
on the evidence presented by the parties
• 7.the decision must be written in the
dialect

• Dialect known to parties, signed by the
arbitrator and attested by Lupon Secretary
or by the Punong Barangay, as the case
maybe (note: if the award is made by the
PB,it must be attested by the Lupon
Secretary. If the award is made by the
Pangkat Chairman and the other members
of Pangkat, it must be attested by the PB )

• JURISPRUDENCE :
• Harold vs Alba, GR# 130864 Oct,2,2007
• Sebastian vs Lagmay, GR# 164594 April
22, 2015
• Quiros et al. vs Arjona et al ,GR# 158901,
March 9, 2004

III. EXPECTED SCENARIO
• FIRST SCENARIO: within 10 days from execution of
settlement / award
A. There’s no repudiation or no petition to nullify the award
before the appropriate court and obligor willing to comply
or willing to comply but he can’t comply
 The interested party shall wait for the ten-day reglementary
period to lapse
B. There’s repudiation or petition to nullify
 There’s no enforcement, no execution of settlement

• SECOND SCENARIO: after 10 days from execution
of settlement /award but within 6 months of the said
execution of settlement /award
A. There’s no repudiation or no petition to nullify the award before
the appropriate court but obligor is not willing to comply or willing
to comply but he can’t comply
 REMEDY :
 The aggrieved party should:
 File motion for issuance of writ of execution at the
Barangay.

• SECOND SCENARIO: after 10 days from execution of
settlement but within 6 months of said execution (CONT.)
B. There is Repudiation or Petition to annul the award in
appropriate court or obligor does not want to comply
REMEDIES :
 The aggrieved party may:
File motion for issuance of writ of execution at the Barangay.
 File rescission of agreement in court (RTC) under ARTICLE
2041 of the Civil Code and consequently ask for his original
amount of claim.

• THIRD SCENARIO: After 6 months from execution of
settlement / award.
A. There’s no repudiation or no petition to nullify the award
before the appropriate court and the obligor is not willing
to comply or willing to comply but he can’t comply
REMEDIES :
 File petition or complaint for enforcement of Barangay
settlement in court (MTC)
 File a small claim in court (MTC) (up to ₱200,000 only)

• THIRD SCENARIO: After 6 months from execution of
settlement. (CONT.)
B. There is Repudiation or Petition to annul the award filed
before the appropriate court or does not want to comply
REMEDIES :
 File petition or complaint for enforcement of Barangay
settlement in court (MTC)
 File a small claim in court (MTC) (up to ₱200,000 only)
 File rescission of agreement in court (RTC) under
ARTICLE 2041 of the Civil Code and ask for his original
amount of claim.

IV.LEGAL BASIS OF THE
REMEDIES
• SECTION 417. The amicable settlement and arbitration award may be enforced by
execution by the lupon within six (6) months from the date of settlement. After the lapse of
such time, the settlement may be enforced by action in the appropriate city or municipal
court.
• Accordingly, you have the option of enforcing the subject settlement before the barangay,
but only within six (6) months from reaching such settlement or enforce it by filing an
appropriate action before the proper court.
• I wish to further emphasize that the remedies mentioned under Section 417 of the same
code do not rule out the possible availment of another remedy mentioned under our civil
laws, which is to regard the amicable settlement as rescinded and insist upon his original
demand by court action. As stated under Article 2041 of the New Civil Code:
• “If one of the parties fails or refuses to abide by the compromise, the other party may either
enforce the compromise or regard it as rescinded and insist upon his original demand.”
• Our Supreme Court explained in the case of Miguel vs. Montanez (G.R. No. 191336;
January 25, 2012; ponente, Associate Justice Bienvenido Reyes):
“Thus, under Section 417 of the Local Government Code, such amicable settlement or
arbitration award may be enforced by execution by the Barangay Lupon within six (6) months
from the date of settlement, or by filing an action to enforce such settlement in the appropriate
city or municipal court, if beyond the six-month period.

IV.
It must be emphasized, however, that enforcement by execution of the
amicable settlement, either under the first or the second remedy, is only
applicable if the contracting parties have not repudiated such
settlement within ten (10) days from the date thereof in accordance with
Section 416 of the Local Government Code. If the amicable settlement
is repudiated by one party, either expressly or [impliedly], the other
party has two options, namely, to enforce the compromise in
accordance with the Local Government Code or Rules of Court as the
case may be, or to consider it rescinded and insist upon his original
demand. This is in accord with Article 2041 of the Civil Code, which
qualifies the broad application of Article 2037, viz:
• If one of the parties fails or refuses to abide by the compromise, the
other party may either enforce the compromise or regard it as
rescinded and insist upon his original demand.

IV.
The Revised Katarungang Pambarangay Law provides for a two-tiered
mode of enforcement of an amicable settlement, to wit: (a) by execution
by the Punong Barangay that is quasi-judicial and summary in nature
on mere motion of the party entitled thereto; and (b) an action in regular
form, which remedy is judicial. However, the mode of enforcement does
not rule out the right of rescission under Art. 2041 of the Civil Code.
The availability of the right of rescission is apparent from the wording of
Sec. 417 itself which provides that the amicable settlement “may” be
enforced by execution by the lupon within six (6) months from its date
or by action in the appropriate city or municipal court, if beyond that
period. The use of the word “may” clearly makes the procedure
provided in the Revised Katarungang Pambarangay Law directory or
merely optional in nature

V. MANNER OF EXECUTION IN
BARANGAY LEVEL
(RULE VI.—Amicable Settlement of Disputes)
• SEC. 13. Form of settlement and award.—All settlements,
whether by mediation, conciliation or arbitration, shall be in
writing, in a language or dialect known to the parties.
Settlements by mediation or conciliation shall be signed by
the parties and attested by the Punong Barangay or Pangkat
Chairman, as the case may be, that such settlement was
agreed upon by the parties freely and voluntarily after a full
understanding of its terms and an intelligent awareness of the
legal consequences thereof.
• The arbitration award shall be signed by the Punong
Barangay or all the members of the Pangkat, as the case may
be.

BARANGAY LEVEL
• SEC. 14. Repudiation of settlement.—Any party to the dispute
may, within ten (10) days from the date of the settlement,
repudiate the same by filing with the Punong Barangay a
statement to that effect sworn to before him, where the
consent is vitiated by fraud, violence, or intimidation. Such
repudiation shall be sufficient basis for the issuance of the
certification for filing a complaint in court or any government
office for adjudication.
• Failure to repudiate the settlement within the aforesaid time
limit shall be deemed a waiver of the right to challenge on
said grounds.

BARANGAY LEVEL
• SEC. 15. Effect of settlement by arbitration or conciliation.—
The amicable settlement and arbitration award shall have the
force and effect of a final judgment of a court upon the
expiration of ten (10) days from date of the settlement or date
of receipt of the award, unless repudiation of the settlement
has been made or a petition for nullification of the award’ has
been filed before the proper local trial court.

BARANGAY LEVEL
• SEC. 16. Transmittal of settlement and award to court —
Immediately upon signing the Punong Barangay or the
Pangkat Chairman, as the case may be, shall furnish copies
of the settlement or award to the parties and send such
settlement or award to the Lupon Secretary who shall transmit
the same to the local city or municipal court within five (5)
days from date of the award or, in the case of settlement, not
earlier than the eleventh nor later than the fifteenth day from
date of settlement. The amicable settlement reached in a
case referred by the court to the Lupon pursuant to Section 2
of this Rule shall be transmitted to the said court within the
same period provided in this Section for the transmittal of
settlement the local trial court.

BARANGAY LEVEL
(RULE VII.—Execution of Settlement or Award)
• SECTION 1. Execution of settlement or award.—
Execution shall issue only upon the expiration of ten
(10) days from date of settlement receipt of award
unless repudiation of the settlement has been made or
a petition to nullify the award has been filed prior to the
expiration oft said period.

BARANGAY LEVEL
• SEC. 2. Modes of execution.—The amicable
settlement arbitration award may be enforced by
execution by the Lupon within (6) months from date of
the settlement or date of receipt of the award from the
date the obligation stipulated in the settlement or
adjudged the arbitration award becomes due and
demandable. After the lapse such time, the settlement
or award may be enforced by the appropriate local trial
court pursuant to the applicable provisions of the
Rules Court.

BARANGAY LEVEL
• SEC. 3. Motion for execution—The disputant/s may
file a motion with the Punong Barangay, copy
furnished to the other disputants, for the execution of a
final settlement or award which has not been complied
with.

BARANGAY LEVEL
• SEC. 4. Hearing—On the day the motion for execution
is filed, the Punong Barangay shall set the same for
hearing on a date agreed to by the movant, which
shall not be later than five (5) days from the date of the
filing of the motion. The Punong Barangay shall give
immediate notice of hearing to the other party.
• During the hearing, the Punong Barangay shall
ascertain the fact of non-compliance with the terms of
the settlement or award. Upon such determination of
non—compliance, the Punong Barangay shall strongly
urge the party obliged to voluntarily comply with the
settlement or award.

BARANGAY LEVEL
• SEC. 5. Issuance, form and contents of the notice of
execution.—The Punong Barangay shall within five (5)
days from the day of hearing, determine whether or
not voluntary compliance can be secured. Upon the
lapse of said five-day period, there being no voluntary
compliance, he shall issue a notice of execution in the
name of the Lupong Taga-pamayapa. The said notice
must intelligently refer to the settlement or award and
the amount actually due thereunder if it be for money,
or the terms thereof which must be complied with.

BARANGAY LEVEL
• SEC. 6. Procedure for execution:
A. If the execution be for the payment of money, the party obliged
is allowed a period of five (5) days to make a voluntary
payment, failing which, the Punong Barangay shall take
possession of sufficient personal property located in the
barangay, of the party obliged to satisfy the settlement or award
from the proceeds of the sale thereof with legal interest such
sale to be conducted in accordance with the procedure herein
provided. If sufficient personal property exists, the party obliged
is allowed to point out which of them shall be taken possession
of ahead of the others. If personal property is not sufficient to
satisfy the settlement or award, the deficiency shall be satisfied
in accordance with the applicable provisions of the Rules of
Court.

BARANGAY LEVEL
• SEC. 6. Procedure for execution: (CONT)
B. If it be for the delivery or restitution of property located in the
barangay, the Punong Barangay shall oust therefrom the person
against whom the settlement or award is rendered and place the party
entitled thereto in possession of such property.
C. If it be for the delivery or restitution of property located in another
barangay of the same city or municipality, the Punong Barangay
issuing the notice shall authorize the Punong Barangay of the
barangay where the property is situated to take possession of the
property and to act in accordance with paragraph (b) hereof.
D. If a settlement or award directs a party to execute a conveyance of
land, or to deliver deeds or other documents, or to perform any other
specific act, and the party fails to comply within the time specified, the
Punong Barangay may direct the Lupon Secretary to perform the act
at the cost of the disobedient party and the act when so done shall
haw like effects as if done by the party.

BARANGAY LEVEL
• SEC. 11. Entry of satisfaction of settlement or award
by barangay secretary or Punong Barangay.—The
satisfaction of a settlement or award shall be entered
by the Punong Barangay or barangay secretary in his
record upon the return by the Punong Barangay of an
execution satisfied, or upon the filing of an admission
of satisfaction of the settlement or

BARANGAY LEVEL
• SEC. 12. Other cases of execution.—In all other case
not herein provided for, the applicable provisions of the
Rules of Court shall apply

VI. INDIRECT CONTEMPT AT
BARANGAY LEVEL

BARANGAY LEVEL
• Indirect Contempt is a criminal offense, hence, ….
“the required quantum of evidence for conviction
should be proof beyond reasonable doubt”
• Section 3(f), Rule 71 RULES OF COURT… Failure to
obey a subpoena duly served is Indirect Contempt.
• The offense of Indirect Contempt under the Rules of
Court shall be penalized by a fine of Php 5,000.00 or
one (1) month of imprisonment.

BARANGAY LEVEL
• The sufficient pieces of evidence of Indirect Contempt
are the following :
– 1. signed and authentic KP Form No. 7 which is the
Complaint Form
– 2. KP Form No. 8 which is the Notice of Hearing
– 3. KP Form No. 9 which is the Summon for the Respondent;
– 4. KP Form No. 13 which is the Subpoena Letter;
– 5. KP Form No. 19 which is the Certificate to File Action .
– If all of these signed documents are submitted to the
Honorable Court in the Municipal Trial Court, those are
material and sufficient evidences for Indirect Contempt.

BARANGAY LEVEL
• NOTA BENE:
– NOTICE OF INVITATION is not a Subpoena which is the
substantial evidence for Indirect Contempt as being stated in
Section 3(f), Rule 71 in the Rules of Court. If the barangay
captain/complainant/plaintiff submitted only NOTICES OF
INVITATIONS to the Honorable Court as attachments of his
petition for Indirect Contempt, that is premature…. “It has no
valid cause of action against the defendant by reason of
prematurity.” It seems like, in the teaching strategy, this is only
Unlocking of Difficulties; in programming, this is syntax error; and
in public office, this is negligence of OFFICE due to failure of
defining, identifying and differentiating between Notice of
Invitation and Subpoena which are the two different KP Forms.

BARANGAY LEVEL
– If Indirect Contempt is filled in the Municipal Trial Court through a
unanimously signed barangay resolution, e.g. Barangay Resolution No.
007, series 2017…. Granting Authority and Power to the Punong
Barangay of Bgy. Mt.View. to initiate special court proceedings before the
Municipal Trial Court and cause the necessary filing for special cause of
action on petition for Indirect Contempt (Under Rule 71, Section 3 of the
Rules of Court) as against Mr. Mc Koo Leet , All in furtherance of Justice,
Fair Play and Moral Ascendancy over the Authority of the Local
Governance among the community. And that under paragraph two of its
Whereas clauses that states … Whereas, there had been an issue under
the Office of the Lupong Tagapamayapa as against Mr. Mc Koo Leet from
barangay Mt View whom had been issued series of
subpoenas respectively served on the following dates- November 06,
2017 (for the supposed November 07, 2017 Lupon), November 9, 2017
(for the supposed November 11, 2017 Lupon) and the undated
subpoena (for the November 25, 2017 Lupon), the same being within the
official capacity to hear issues as brought by one, Mr Dakila.

BARANGAY LEVEL
• NOTA BENE:
– But if the Barangay Council submits only NOTICES as evidences, technically
the validation and perusal of substantial evidences failed before filing of Indirect
Contempt to the Municipal Trial Court. And that would qualify to Gross Negligence of
public office. And that is an administrative offense. Why is it Gross Negligence?
Remember that the barangay council is composed of seven (7) kagawads and the
Barangay Captain as the presiding officer. If it is a unanimously signed barangay
resolution, therefore, all kagawads could hardly identify and differentiate Subpoena from
what we call NOTICES. Among the seven (7) kagawads including the presiding officer,
nobody attempts to disapprove said resolution. That means to say that the entire
barangay council does not know the difference between the
terms “Subpoena” and “Notice of Hearings/Invitations”; and does not validate the
substantial evidences for Indirect Contempt. In contradictory, it is very easy to identify
what court needs because every Katarungang Pambarangay (KP) form must be labeled
with the corresponding terms like, Complaint’s Form, Notice of Hearing, Summons for the
Respondent, Subpoena etc. Even the Grade 6 pupils can easily identify those KP Forms.
If this is the case, all kagawads and the barangay captain are not meticulous of court
proceedings in the barangay level, therefore, such technical error would qualify to Gross
Negligence of Office considering that the barangay resolution is unanimously signed and
submitted before the Municipal Trial Court as attachment.

BARANGAY LEVEL
• Here are my humble suggestions to the barangay council: (1) The
barangay should serve Summons to the Respondent with an
attachment of the Complaint’s Form signed by the complainant and
the brgy. captain which is provided in Section 1(b)
– (1), Rule 3 of the Rules implementing the Katarungang Pambarangay, the
punong barangay should issue summons,not notice of hearing or invitations for
dialogue;
– (2) the barangay should also serve “Subpoena” to the person concerned and
said form must be printed with the statement: Sanctions will be imposed in the
event the invited party fails to appear during the date set therein. And the said
person must have the copy-purnished documents of Subpoena and Complaint’s
Form;
– (3) The barangay should give the respondent or the witness a chance to explain
his/her non-appearance before the barangay may impose legal sanctions which
the Rules require;

BARANGAY LEVEL
– (4) Before the barangay shall file an Indirect Contempt to somebody, under
Section 3(f) of Rule 71, Rules of Court, the barangay should first
implement Section 8 (a), Rule 6 of the Rules implementing the Katarungang
Pambarangay, a respondent’s refusal or willful to appear shall be sufficient basis
for the issuance of a certification for filing complainant’s cause of action in court
or with proper government agency or office. Such issuance of a certification
would stand as proof that the barangay officials concerned had done their duty to
assist the parties in settling their disputes amicably;
– (5) If honorable kagawads would pass a resolution, thereshould always be a
conduct of parliamentary procedures including the definition of terms especially
when it comes to filing a Special Court Proceedings in the Municipal Trial Court
and they must validate their evidences;
– (6) If the barangay may have to initiate legal action the barangay captain should
always refer to a lawyer, not to a police officer;
– (7) The barangay should always label all KP forms and include the corresponding
sanctions/penalty in the Subpoena Form.

FINALTRUEENFORCEMENT OF BARANGAY SETTLEMENT.ppt

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