Katarungang Pambarangay Handbook_0

PHILIPPINES-CANADA LOCAL GOVERNMENT SUPPORT PROGRAM KATARUNGANG PAMBARANGAY A HANDBOOK

Katarungang Pambarangay: A HandbookWRITERSMaricel VigoAtty. Marlon Manuel, SALIGANTECHNICAL AND EDITORIAL TEAMAtty. Marlon Manuel, SALIGANDivina Lopez, LGSPMyn Garcia, LGSPVic Alfaro, LGSPEdgar Catalan, LGSPRaissa Jajurie, SALIGAN MindanaoRaymond Salas, SALIGAN MindanaoPedrito Acosta, Region 12Liza del Norte, IPHCAllan Carpio, RCEDILLUSTRATIONS AND COVER DESIGNArnold BeroyaART DIRECTION AND LAYOUTAlecks P. Pabico/Disenyong Magilas

KATARUNGANG PAMBARANGAYA HANDBOOK

Katarungang Pambarangay: A HandbookCopyright © 2004 Philippines-Canada Local GovernmentSupport Program (LGSP)All rights reservedThe Philippines- Canada Local Government SupportProgram (LGSP) encourages the use, translation, andadaptation and copying of this material for non-commercialuse, with appropriate credit given to LGSP.Although reasonable care has been taken in thepreparation of this handbook, neither the publisher and/orcontributor and/or writer can accept any liability for anyconsequence arising from the use thereof or from anyinformation contained herein.ISBN 971-92952-0-1Printed and bound in Manila, PhilippinesPublished by:Sentro ng Alternatibong Lingap Panligal (SALIGAN)1/F Hoffner Bldg., Social Development ComplexAteneo de Manila University, Loyola Heights, 1108Quezon City, Philippines✆ (632) 4266001 local 4858 or 4860Philippines-Canada Local Government SupportProgram (LGSP)Unit 1507 Jollibee PlazaEmerald Avenue, 1600 Pasig City, Philippines✆ (632) 637 3511-13www.lgsp.org.phThis project was undertaken with the financial support ofthe Government of Canada provided through the CanadianInternational Development Agency (CIDA).

PHILIPPINES-CANADA LOCAL GOVERNMENT SUPPORT PROGRAM Programme de soutien aux gouvernments locauxA JOINT PROJECT OFDepartment of the Interior National Economic andand Local Government (DILG) Development Authority (NEDA) Canadian International Development AgencyIMPLEMENTED BYAgriteam Canada Federation of Canadianwww.agriteam.ca Municipalities (FCM) www.fcm.ca



CONTENTSForeword viiAcknowledgements ixPreface xiDefinition of Terms xiiiIntroduction 1PART 1: ACTUAL PROCESSES Chapter 1 — Constitution of the Lupon 9 Chapter 2 — Mediation through 20 the Punong Barangay 33 Chapter 3 — Conciliation through 52 the Pangkat Tagapagkasundo 58 Chapter 4 — Arbitration Chapter 5 — Indigenous Modes of Dispute ResolutionPART 2: BENEFITS, INCENTIVES AND AWARDSChapter 1 — Scholarships 69Chapter 2 — Incentives and Awards 73Annexes — Katarungang Pambarangay FormsKP Form # 1 Notice to Constitute the LuponKP Form # 2 Appointment LetterKP Form # 3 Notice of AppointmentKP Form # 4 List of Appointed Lupon MembersKP Form # 5 Lupon Member Oath StatementKP Form # 6 Withdrawal of AppointmentKP Form # 7 Complainant’s FormKP Form # 8 Notice of HearingKP Form # 9 Summon for the RespondentKP Form # 10 Notice for Constitution of PangkatKP Form # 11 Notice to Chosen Pangkat MemberKP Form # 12 Notice of Hearing (Conciliation Proceedings)KP Form #13 Subpoena LetterKP Form #14 Agreement for Arbitration

KP Form # 15 Arbitration AwardKP Form # 16 Amicable SettlementKP Form # 17 RepudiationKP Form # 18 Notice of Hearing for ComplainantKP Form # 19 Notice of Hearing for RespondentKP Form # 20 Certification to File Action (from Lupon Secretary)KP Form # 21 Certification to File Action (from Pangkat Secretary)KP Form # 22 Certification to File ActionKP Form # 23 Certification to Bar ActionKP Form # 24 Certification to Bar CounterclaimKP Form # 25 Motion for ExecutionKP Form # 26 Notice of Hearing (Re: Motion for ExecutionKP Form # 27 Notice of ExecutionKP Form # 28 Monthly Transmittal of Final Reports

FOREWORDIT has always been a source of pride for us in theDepartment of the Interior and Local Government tobear witness to outstanding initiatives of partners inlocal governance. We are therefore pleased toacknowledge the latest publication of the Philippines-Canada Local Government Support Program (LGSP),Katarungang Pambarangay: A Handbook. Republic Act 7160, otherwise known as the 1991Local Government Code, gives barangays themandate to enforce peace and order and providesupport for the effective enforcement of humanrights and justice. Decentralization has facilitated therecognition of the Katarungang Pambarangay orBarangay Justice System as an alternative venue forthe resolution of disputes. The challenge facing localgovernments now is to maximize and harness thekatarungang pambarangay as one of the mostvaluable mechanisms available in administeringjustice, advancing human rights protection andresolving and/or mediating conflict at the barangaylevel through non-adversarial means. Katarungang Pambarangay: A Handbookprovides local governments an easy-to-use tool withwhich to take up this challenge. It fills the need toincrease the awareness and understanding ofkatarungang pambarangay and its value as anempowering and alternative tool for the resolution ofcommunity and family disputes at the barangaylevel. With the fast-evolving demand for access tojustice, there is a need to utilize this mechanismmore strategically and proactively as a way topromote peace at the grassroots. The PunongBarangay (Barangay Heads), members of the LupongTagapamayapa (Peace Council) and communities willKATARUNGANG PAMBARANG AY vii

benefit greatly from this publication. Moreover,development workers, the academe and non-governmental and people’s organizations will alsofind this handbook useful in their work on barangayjustice. This undertaking complements the efforts of theDILG to popularize and mainstream governanceknowledge products through the Local GovernmentAcademy and the agency’s regional learning centers. The handbook provides a means for improvedaccess to dispute resolutions and will go a long waytowards enhancing knowledge on and strengtheningbarangay governance and justice. The DILG,therefore, congratulates the Philippines-Canada LocalGovernment Support Program for its commitmentand meaningful contributions to promotingexcellence in barangay governance as an integralelement of good, responsive and accountable localgovernance.HON. JOSE D. LINA JR.SecretaryDepartment of the Interior and Local Governmentviii A H A N D BO O K

ACKNOWLEDGEMENTSTHE support, collaboration and creative contributionsof the following individuals and institutions areinvaluable and were essential to the completion ofthis publication:The Philippines-Canada Local Government SupportProgram led by Alix Yule and Marion MacedaVillanueva for providing the necessary direction andsupportThe Sentro ng Alternatibong Lingap Panligal(SALIGAN), especially Atty. Marlon J. Manuel, for theirpartnershipMaricel Vigo for the overall writeup and excellenttechnical contributionLGSP Area Managers Tess Gajo, Merlinda Hussein,Evelyn Jiz and LGSP Program Officers namely VicAlfaro, Edgar Catalan, Abduljim Hassan and CrisTagupa for their invaluable collaborationLGSP Local Resource Partners Raissa Jajurie andRaymond Salas of SALIGAN Mindanao, Pedrito Acosta(Reg 12), Liza del Norte of Institute of Primary HealthCare (IPHC), Allan Carpio of Resource Center forEmpowerment and Development (RCED) for theirtechnical contributionDivina Luz Lopez for her overall project managementand technical expertise in ensuring the quality of thispublicationMyn Garcia for providing technical and creativedirection, and overall supervision of the design,layout and productionKATARUNGANG PAMBARANGAY ix

Arnold Beroya for the illustrations and Alecks Pabicofor layout and overall art directionRaymond Oliveros, Janilo Rubiato and TessTajanlangit for the translation of the handbook toTagalog, Cebuano and Ilonggo, respectivelyRia Adapon and Sef Carandang for overallcoordination and editorial workGigi Barazon and the rest of the LGSP administrativestaff for providing support.x A HANDBOOK

PREFACEKATARUNGANG Pambarangay: A Handbook is thelatest publication of the Philippines-Canada LocalGovernment Support Program (LGSP) as part of itsmandate to mainstream effective and responsivebarangay governance. Republic Act 7160 or the Local Government Codeof 1991 expanded the scope and powers of theKatarungang Pambarangay or the Barangay JusticeSystem designed not merely to decongest the courtsof cases but to address inequalities in access tojustice, particularly experienced by marginalizedcommunities. The barangays, being the basicpolitical unit in the country, is in the most strategicposition to facilitate resolution or mediation ofcommunity and family disputes, alongside itsmandate to deliver basic services. In empowering local government units in WesternVisayas and Mindanao, LGSP has designed initiativesthat strengthen barangay governance, includingenhancing and mainstreaming the use of and accessto the barangay justice system. The KatarungangPambarangay: A Handbook was designed to providea user-friendly, easy to read and simple tool topromote the knowledge of the katarungangpambarangay as an effective alternative mechanismfor dispute resolution. This handbook aims to increase theunderstanding of the Punong Barangays (barangayheads) and members of the Lupong Tagapamayapa(Barangay Peace Council) on the processes andprocedures of the barangay justice system to enablethem to maximize its use in their communities. It isalso intended to provide a practical overview for theKATARUNGANG PAMBARANGAY xi

members of the communities — paralegals, non-government and people’s organizations — regardingthe role and benefits of the katarungangpambarangay in their lives. By doing so, LGSP hopes that it would somehowmake a difference in people’s lives by contributing toa better understanding and strategic administrationof the barangay justice system. KatarungangPambarangay: A Handbook is a modest contributionto creating greater awareness of an alternative towhat can be an elitist and complex legal system,often characterized by an arduous legal process. Thispublication is a way to empower grassrootscommunities to exact their basic rights and providethem a viable way to do so.The Philippines-Canada Local GovernmentSupport Programxii A H A N D BO O K

DEFINITION OF TERMSAdjudication is the power of courts or quasi-judicialagencies to decide cases filed before them andfalling within their jurisdiction.Amicable Settlement is an agreement reachedduring mediation and conciliation proceedings.Arbitration is a process wherein the third partyfrom outside the judicial system is chosen by partiesto hear and decide their dispute.Arbitration Award is the decision reached by eitherthe lupon chairperson or pangkat, as the case maybe, upon prior agreement in writing by the parites toa dispute for the adjudicators to resolve it.Attachment is a provisional remedy in the form ofan order issued by a judge before whom the case ispending by which the property is taken into legalcustody as security for satisfaction of a judgmentobtained by the prevailing party, either at thecommencement of the action or any time after thefiling of the case before the final judgmentComplainant — plaintiffComplaint is a concise statement of ultimate factsconstituting the plaintiff’s cause and causes ofaction.Conciliation is a process wherein the Pangkatforgoes the power to decide or recommend but assistthe parties to isolate issues and options to reach asettlement by consensus that jointly satisfies theirneedsKATARUNGANG PAMBARANGAY xiii

Delivery of Personal Property (Replevin) isprovisional remedy by which a judge before whoman action is pending for the recovery of personalproperty issues an order for the delivery of suchproperty to the movant or the party filing the petitionupon filing of a bond to guarantee its return or toanswer for the damages.Execution is the process of exacting satisfaction foron or both of the parties through compulsory orcoercive means. It entails the enforcement of theterms of the amicable settlement or arbitration awardin so far as this may enjoin or command any of theparties to perform an act, give something or refrainfrom doing some actHabeas Corpus is a judicial proceeding for thepurpose of releasing a person who is illegallydeprived of liberty or restoring rightful custody tothe person who has been deprived of.Incompetent means a person who is suffering thepenalty of civil interdiction; or who is a hospitalizedleper, prodigal, deaf and dumb who is unable tocommunicate; one who is of unsound mind, eventhough he has a lucid intervals and a person notbeing unsound mind but by reason of age, disease,weak mind, and other similar causes, cannot,without outside aid, take care of himself and mangehis property, becoming thereby an easy prey fordeceit and exploitation.Jurisdiction is an authority to hear and decide acase and given by law and cannot be agreed by thepartiesKatarungang Barangay (KP) is a system of justiceadministered at the barangay level for the purpose ofamicable settling disputes through mediation,conciliation or abitration among the family orbarangay without resorting to the courts.xiv A H A N D BO O K

Lupong Tagapamayapa (Lupon) is a bodyorganized in every barangay composed of PunongBarangay as the chairperson and not less than ten(10) and more than twenty from which the membersof every Pangkat shall be chosen.Mediation is a process wherein the Luponchairperson or Barangay Chairperson assists thedisputing parties to reach a settlement by consensusthat jointly satisfies their needs.Minor is a person below eighteen (18) years of age.Next of Kin is an individual who is a relative or aresponsible friend with whom the minor orincompetent livesPangkat Tagapagkasundo (Pangkat) is aconciliation panel constituted from the Luponmembership for every dispute brought before theLupon consisting of three (3) members after thePunong Barangay has failed in his mediation efforts.Preliminary injunction is a provisional remedy inthe form of an order issued by a judge before whomthe case is pending at any stage before the finaljudgment requiring a person to refrain from aparticular act.Repudiation is an act of rejecting the validity orrefusing to accept the terms and conditions ofagreement on the ground of vitiation of consent byfraud, violence or intimidation.Respondent — defendantStatute of Limitations is the law which bars ordoes not allow the institution or filing of an action orcase against another after the expiration of theperiod prescribe d for such action or offenseSupport Pendente Lite is a provisional remedy in aKATARUNGANG PAMBARANGAY xv

form of an order issued by a judge before whom thecase is pending granting allowance, dwelling,clothing, education and medical attendance to theperson entitled thereof.Venue is the place where the case is to be heard anddecided. This is not fixed by law except in criminalcases, and can be agreed upon by the parties.xvi A H A N D BO O K

INTRODUCTIONTHE Katarungang Pambarangay or Barangay JusticeSystem is a community-based dispute settlementmechanism that is administered by the basic politicalunit of the country, the barangay. As a community-based mechanism for dispute resolution, it coversdisputes between members of the same community(generally, same city/municipality) and involves thePunong Barangay and other members of thecommunities (the Lupon members) as intermediaries(mediators, conciliators, and, sometimes,arbitrators). The establishment and operation of the BarangayJustice System is mandated by Republic Act No. 7160or the Local Government Code of 1991. Prior to thislaw, however, the establishment of the BarangayJustice System had been covered by PresidentialDecree 1508 in 1978 and Batas Pambansa Blg. 337or the 1983 Local Government Code. When PD 1508 first decreed the setting up of theBarangay Justice System, the law had the followingobjectives: X To promote the speedy administration of justice X To minimize the indiscriminate filing of cases in courts X To minimize the congestion of court dockets and thereby enhance the quality of justice dispensed by the courts X To perpetuate and recognize the time-honored tradition of amicably settling disputes at the community level

These same objectives are stated in theKatarungang Pambarangay Rules that werepromulgated by the Department of Justice on June 1,1992, pursuant to the mandate of the LocalGovernment Code. These rules serve as theimplementing rules for the provisions of the LocalGovernment Code on the establishment,administration, and operation of the Barangay JusticeSystem.Under the Barangay Justice System, the mainstrategy for settling disputes is to provide a venuefor the disputing parties to search for a solution thatis mutually acceptable. Hence, the primary role ofthe system is not to decide disputes and impose asolution on the parties but to assist the parties indiscussing the possible amicable settlement of theirdisputes. The Punong Barangay and the communityconciliators (Lupon members) do not act as judges oradjudicators of disputes but as facilitators for thedisputing parties’ discussion of possible solutions.For this reason, the personal appearance andparticipation of the disputing parties is necessary,while the non-appearance of the parties will havecorresponding sanctions. Also because of the needfor the disputing parties’ personal participation in theconciliation proceedings, disputes involving non- natural persons likeSimply put, the corporations are notBarangay Justice subject to theSystem provides a conciliationfriendly, inexpensive, proceedings of theand speedy forum for Barangay Justicethe settlement of System.disputes where the The Barangayparties can freely Justice Systemexplore options for provides anamicably resolving alternative mode fortheir disputes without dispute resolution toresorting to the the costly and lengthycourts. process of settling2 A HANDBOOK

disputes in regular courts. Instead of going throughthe very technical procedure of filing formalpleadings and presenting evidence in courts, theparties of a dispute are given the opportunity to tryto talk to each other and resolve their disputesamicably. The technical processes and rules that areusually applied in court proceedings are not applied.Filing a case in court, or defending oneself againstsuch a case,would necessarily In some areas where theentail the services courts are inaccessible, bothof lawyers. In the because of location andBarangay Justice because of the prohibitiveSystem, however, costs of litigation, thethe parties do not Barangay Justice System,need to secure the with all its limitations, canservices of be the only venue that thelawyers. In fact, poor can avail of for thethe law prohibits resolution of their disputes.the participationof lawyers in theconciliation proceedings. While cases that are triedin courts generally take years to be resolved, casesthat go through the Barangay Justice System wouldgenerally take only a few weeks. Simply put, the Barangay Justice System providesa friendly, inexpensive, and speedy forum for thesettlement of disputes where the parties can freelyexplore options for amicably resolving their disputeswithout resorting to the courts. On the issue of access to justice, the BarangayJustice System provides an accessible mechanism forresolving the justice issues of the poor. In some areas where the courts are inaccessible,both because of location and because of theprohibitive costs of litigation, the Barangay JusticeSystem, with all its limitations, can be the only venuethat the poor can avail of for the resolution of theirdisputes.KATARUNG ANG PAMBARANGAY 3

The Barangay Justice System is also envisioned tocomplement the courts in administering justice. Forcases that are covered by the Barangay JusticeSystem, it is compulsory for the parties to gothrough the Barangay Justice System proceedingsfirst before going to court. Failure to do so wouldmean the dismissal of the parties’ claim orcounterclaim. It is only when the Barangay JusticeSystem has failed to resolve the dispute that theparties will be allowed to bring their case to court. The Supreme Court issued AdministrativeCircular No. 14-93 on July 15, 1993 directing thecourts to ensure compliance with the requirement ofprior recourse to the Barangay Justice as a conditionfor filing a complaint in court for cases that arecovered by the system. With more disputing parties settling theirdisputes at the community level, it is expected thatthe filing of cases between members of the samecommunity will be minimized. This, in turn, will helpreduce the congestion of the courts’ dockets and,hopefully, improve the efficiency and quality of thecourts’ dispensation of justice. The Barangay Justicesystem is, thus, both an alternative andcomplementary mode of resolution to the courtsystem. The Barangay Justice System maximizes the useof time-honored traditions and practices ofcommunities in settling disputes betweencommunity members. Filipinos traditionally resort tothe help of older members of the family, communityelders, or tribe leaders in resolving disputes betweenmembers of the same family or community. This isthe common practice that is recognized andformalized by the Barangay Justice System. In lieu offamily members, community elders, or tribe leaders,the Barangay Justice System uses the PunongBarangay and the Lupon Members, who areappointed from the respected members of the4 A HANDBOOK

community. In recognition of traditional customarypractices in some indigenous communities, the lawon the Barangay Justice System provides that incommunities that have distinct traditional practicesof settling disputes, the customs and traditions ofthe indigenous cultural communities shall beapplied. Thus, local systems of settling disputesthrough their councils of datus or elders arerecognized and followed with the same force andeffect as the procedure laid down in the law. 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. The strength of the Barangay Justice System liesin the fact that it is based in the community itself,and is administered by community members usingtraditional practices in dispute resolution. With thisset-up, the disputing parties are expected to be morecomfortable in discussing their problems and inexploring solutions to the disputes. It is likewiseexpected that the community-based set-up of theBarangay Justice System will ensure that the partieswill honor the amicable settlement that was agreedupon. Ultimately, the Barangay Justice System isenvisioned to live up to its name. It is expected toensure the dispensation of justice at the grassrootslevel. The first part of the handbook discusses theactual processes of the Katarungang Pambarangay(KP). The second part deals with the benefits,incentives and awards of the system. The Annexescontains samples of al the KP forms that are used inthe process, for reference.KATARUNG ANG PAMBARANGAY 5

This handbook has also been translated to threePhilippine dialects, namely Tagalog, Cebuano andIlonggo, to facilitate greater use and understandingof the system at the community level. Also, ahandbook on the Barangay Justice System in ARMM isbeing developed, which takes a look at the existingindigenous/traditional mechanisms of dispensingjustice in the Muslim and Moro cultures.6 A HANDBOOK

PART ONE ACTUALPRACTICES



CHAPTER ONECONSTITUTION OF THE LUPONONE MORNING GOOD MORNING, KAPITAN PEDRING.IN BARANGAY HELLO. GOOD MORNING, TOO. CONGRATULATIONSPAG-ASA... TO THE NEW PUNONG BARANGAY OF BAGONG DIWA. WHAT CAN I DO FOR YOU?THANK YOU. ACTUALLY, I CAME WELL, YOU HAVE COMETO ASK SOME QUESTIONS TO THE RIGHTREGARDING THE ADMINISTRA- PERSON, SIT TION OF THE DOWN AND BARANGAY HAVE SOME JUSTICE COFFEE. SYSTEM IN OUR BARANGAY. YOU KNOW CELIA, BARANGAY JUSTICE OR KATARUNGANG PAMBARANGAY IS ONE IMPORTANT SYSTEM IN OUR BARANGAY TO RESOLVE DISPUTES FAIRLY AND SPEEDILY. THIS IS A SALIENT PART OF THE BARANGAY‛S FUNCTION TO PROMOTE PEACE AND HARMONIOUS RELATIONSHIPS AMONG COMMUNITY MEMBERS. THIS IS ALSO IN RECOGNITION OF THE CAPACITY OF THE BARANGAY AND ITS LEADERS TO FACILITATE THE SETTLEMENT AND RESOLUTION OF DISPUTES AT THEIR LEVEL.

I SEE. BUT IS IT ONLY THE PUNONGBARANGAY WHO HAS THE AUTHORITY TOCONSTITUTE THE LUPON? YES, THE PUNONG BARANGAY CAN APPOINT THE LUPON MEMBERS. IT IS HIS/HER EXCLUSIVE PREROGATIVE — NO NEED FOR APPROVAL, CONFIRMATION OR RATIFICATION OF THE SANGGUNIANG BARANGAY.WHAT IF THE PUNONG HE/SHE CAN BE CHARGEDBARANGAY FAILS TO OF NEGLECT OF DUTYORGANIZE THE LUPON? AND BE SUBJECTED TO ADMINISTRATIVEREALLY? WHEN AND HOW SANCTIONS.CAN I CONSTITUTE THE WITHIN FIFTEEN (15)LUPON? DAYS FROM THE START HOW MANY PEOPLE OF OUR TERM AS SHOULD I INCLUDE PUNONG BARANGAY, WE IN THE LIST? SHOULD ISSUE A NOTICE TO CONSTITUTE THE LUPON AND PREPARE THE LIST OF THE NAMES OF PROPOSED LUPON MEMBERS. A MINIMUM OF TEN AND A MAXIMUM OF TWENTY PERSONS.10 A HANDBOOK

WHO ARE QUALIFIED TO BE MEMBERS OF THE LUPON? ANYBODY WHO IS AN ACTUAL RESIDENT OR WORKING IN THE BARANGAY, OFLEGAL AGE AND POSSESSES THE FOLLOWINGQUALITIES: INTEGRITY, IMPARTIALITY, INDEPENDENCE,FAIRNESS, REPUTATION FOR PROBITY, PATIENCE,RESOURCEFULNESS, OPEN-MINDEDNESS ANDFLEXIBILITY, CAN BE A MEMBER OF THE LUPON.QUALIFIED AS LUPON DISQUALIFIED TO BEMEMBERS LUPON MEMBERS ACTUAL RESIDENTS/ BELOW 18 YRS OF AGE INCOMPETENT WORKING IN THE CONVICTED OF A CRIME CARRYING WITH IT BARANGAY PENALTIES OF PERPETUAL OR TEMPORARY OF LEGAL AGE DISQUALIFICATION FROM HOLDING PUBLIC OFFICE WITH THE FOLLOWING ELECTED GOVERNMENT OFFICIAL QUALITIES: MEMBER OF ARMED INTEGRITY, FORCES WHO IS IN THE IMPARTIALITY, ACTIVE SERVICE INDEPENDENCE, FAIRNESS, REPUTATION FOR PROBITY, PATIENCE, RESOURCEFULNESS, OPEN-MINDEDNESS FLEXIBILITYKATARUNGANG PAMBARANGAY 11

AFTER IDENTIFYING THE YOUR SECRETARY, WHO IS10-20 MEMBERS OF MY ALSO THE CONCURRENTLUPON, WHAT ARE THENEXT STEPS? SECRETARY OF LUPON, SHALL PREPARE A NOTICE TO CONSTITUTE THE LUPON USING KP FORM 1.AFTER THAT,WHERE SHALLWE PUT THENOTICE? 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. THERECOMMENDATION SHALL BE MADE WITHIN THE PERIODOF POSTING FOR THREE WEEKS.12 A HANDBOOK

KP FORM # 1: NOTICE TO CONSTITUTE THE LUPON Republic of the Philippines Province of __________CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE PUNONG BARANGAY ______ , 20__NOTICE TO CONSTITUTE THE LUPONTo All Barangay Members and All Other Persons Concerned:In compliance with Section 1(a), Chapter 7, Title One, Book III, LocalGovernment Code of 1991 (Republic Act No. 7160), of the KatarungangPambarangay Law, notice is hereby given to constitute the LupongTagapamayapa of this Barangay. The persons I am considering forappointment are the following:1. __________________ 13. _________________2. __________________ 14. _________________3. __________________ 15. _________________4. __________________ 16. _________________5. __________________ 17. _________________6. __________________ 18. _________________7. __________________ 19. _________________8. __________________ 20. _________________9. __________________ 21. _________________10. _________________ 22. _________________11. _________________ 23. _________________12. _________________ 24. _________________ 25. _________________They have been chosen on the basis of their suitability for the task ofconciliation considering their integrity, impartiality, independence of mind,sense of fairness and reputation for probity in view of their age, socialstanding in the community, tact, patience, resourcefulness, flexibility, openmindedness and other relevant factors. The law provides that only thoseactually residing or working in the barangay who are not expresslydisqualified by law are qualified to be appointed as Lupon members.All persons are hereby enjoined to immediately inform me and of theiropposition to or endorsement of any or all the proposed members orrecommend to me other persons not included in the list but not later than the________ day of _______, 20__ (the last day for posting this notice). _________________ Punong BarangayIMPORTANT: This notice is required to be posted in three (3) conspicuous places in the barangay for at least three (3) weeksWARNING: Tearing or defacing this notice shall be subject to punishment according to law.KATARUNGANG PAMBARANGAY 13

YOU MEAN, ANY MEMBER OF MY BARANGAY CAN PROTEST OR RECOMMEND SOMEBODY FROM THE BARANGAY?YES, KAPITANA. AND TEN DAYS AFTER THE LAST DAY OF POSTING, YOU SHALL PUT IN WRITING YOUR APPOINTMENT OF YOUR LUPON MEMBERS USING KP FORM 2, DULY SIGNED BY THE PUNONG BARANGAY AND ATTESTED BY THE BARANGAY SECRETARY.KP FORM # 2: APPOINTMENT LETTER Republic of the Philippines Province of __________CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE PUNONG BARANGAY ______ , 20__ (Date) APPOINTMENTTO: ___________Pursuant to Chapter 7, Title One, Book III, Local Government Code of 1991(Republic Act No. 7160), you are hereby appointed MEMBER of theLupong Tagapamayapa of this Barangay effective upon taking your oath ofoffice and until a new Lupon is constituted on the third year following yourappointment. _________________ Punong BarangayATTESTED:________________Barangay Secretary THE NEWLY APPOINTED LUPON MEMBERS SHALL TAKE THEIR OATH IMMEDIATELY BEFORE YOU AS PUNONG BARANGAY USING KP FORM 5.14 A HANDBOOK

KP FORM # 5: LUPON MEMBER OATH STATEMENT Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE PUNONG BARANGAY OATH OF OFFICE Pursuant to Chapter 7, Title One, Book II, Local Government Code of 1991 (Republic Act No. 7160), I _______________, being duly qualified and having been duly appointed MEMBER of the Lupong Tagapamayapa of this Barangay, do hereby solemnly swear (or affirm) that I will faithfully and conscientiously discharge to the best of my ability, my duties and functions as such member and as member of the Pangkat ng Tagapagkasundo in which I may be chosen to serve; that I will bear true faith and allegiance to the Republic of the Philippines; that I will support and defend its Constitution and obey the laws, legal orders and decrees promulgated by its duly constituted authorities; and that I voluntarily impose upon myself this obligation without any mental reservation or purpose of evasion. SO HELP ME GOD. (In case of affirmation the last sentence will be omitted.) _____________ Member SUBSCRIBED AND SWORN to (or AFFIRMED) before me this _____ day of __________, 20____. __________________ Punong Barangay AFTER THEIR THE LIST OF APPOINTED LUPON MEMBERS SHALL OATH TO OFFICE, BE POSTED IN THREE STRATEGIC AND HIGHLY WHAT WILL I VISIBLE PLACES IN DO NEXT? THE BARANGAY.SIX STEPS TO CONSTITUTETHE LUPONSTEP 1: Determining the actual number of Lupon MembersSTEP 2: Preparing a notice to constitute the LuponSTEP 3: Posting the notice to constitute the LuponSTEP 4: Appointment of Lupon MembersSTEP 5: Oath taking of Lupon membersSTEP 6: Posting

WHAT IS THE UPON APPOINTMENT, EACHTERM OF OFFICEOF EACH LUPON LUPON MEMBER SHALL SERVEMEMBER? FOR THREE (3) YEARS UNLESSARE THE LUPON TERMINATED BY DEATH,MEMBERS RESIGNATION, TRANSFER OFENTITLED TO RESIDENCE OR PLACE OF WORK,SOME OR WITHDRAWAL OFCOMPENSATION? APPOINTMENT BY THE PUNONGDO THEY HAVE BARANGAY. HOWEVER, THEBENEFITS DUE WITHDRAWAL SHOULD BETO THEM? CONCURRED WITH A MAJORITY OF ALL THE MEMBERS OF LUPON. (SEE KP FORM 6) 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.16 A HANDBOOK

KP FORM # 6: WITHDRAWAL OF APPOINTMENT Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE LUPONG TAGAPAMAYAPA ______ , 20__ (Date) WITHDRAWAL OF APPOINTMENTTO: _______________After due hearing and with the concurrence of a majority of all the LupongTagapamayapa members of this Barangay, your appointment as memberthereof is hereby withdrawn effective upon receipt hereof, on the followingground/s:[ ] incapacity to discharge the duties of your office as shown by _______________________________[ ] unsuitability by reason of _______________________________ (Check whichever is applicable and detail or specify the act/s or omission/s constituting the ground/s for withdrawal.)____________________________Punong Barangay/Lupon ChairmanCONFORME (Signatures):1. __________________ 7. _________________2. __________________ 8. _________________3. __________________ 9. _________________4. __________________ 10. _________________5. __________________ 11. _________________6. __________________Received this __________ day of _____________, 19____.__________________SignatureNOTE:The members of the Lupon conforming to the withdrawal must personallyaffix their signatures or thumb marks on the pertinent spaces above. Thewithdrawal must be conformed to by more than one-half of the total numberof members of the Lupon including the Punong Barangay and the memberconcerned.KATARUNGANG PAMBARANGAY 17

GOOD TO WE CAN ALWAYS ASK THE MUNICIPAL HEAR!… GOVERNMENT FOR SOME ALLOCATION REGARDING AT LEAST THE OPERATIONS OF LUPON AND INCLUDE THEIR IT IN ITS ANNUAL COMMIT- BUDGET.MENT AND SERVICES AREMORE OR LESS COMPEN-SATED. WHERE CAN WESOURCE OTHER FUNDSFOR THE LUPONOPERATIONS ASIDEFROM BARANGAY FUNDS?BACK TO MY ROLE AS A INDEED, YOUR ROLE ASCHAIRPERSON OF LUPON, ARE CHAIRPERSON OF LUPON ISTHERE ANY SPECIFIC VERY CRUCIAL. HOWEVER, WEFUNCTIONS RELATED TOADMINISTERING BARANGAY CAN DISCUSS IT AS WE GO ALONG WITH THE DIFFERENTJUSTICE? WAYS OF RESOLVING DISPUTES OR CONFLICTS INHOW CAN I INVOLVE MYSANGGUNIANG YOUR BARANGAY…BARANGAY INBARANGAY JUSTICE WELL, THE SANGGUNIANGADMINISTRATION? BARANGAY HAS THE DUTY TO PROVIDE THE ADMINIS- TRATIVE NEEDS OF THE LUPONG TAGAPAMAYAPA AND THE PANGKAT TAGAPAGKASUNDO BY ALLOCATING FUNDS FROM THE INTERNAL REVENUE ALLOTMENT FOR THE KATARUNGANG PAMBARANGAY.18 A HANDBOOK

OK , NOW PLEASE TELL ME HAVE YOUR COFFEE, FIRSTWHAT IS THE FIRST STEP AND YOUR MANANGOF RESOLVING SOLING IS PREPARINGCONFLICT OR BOILED SWEET POTATOESDISPUTE IN MY AND SABA BARANGAY? FOR US…KATARUNGANG PAMBARANGAY 19

THIS SABA IS REALLY? THANKS YES, KAPITAN. FOR THE COMPLI-SO SWEET. MENTS! WHAT WHAT IS YOUR WOULD I QUESTION DO IF AGAIN? THERE WILL BE CASES PRESENTED TO ME IN THE BARANGAY? HOW CAN I HELP IN RESOLVING IT?AS PUNONG BARANGAY, YOU HAVE AN AUTHORITY OR POWER TO MEDIATE CASES OF THE RESIDENTS IN YOUR BARANGAY.WHAT IF ONLY ONE IN THIS CASE, THE DISPUTEOF THE INVOLVED WILL BE SETTLED IN THEPARTIES ARE FROM BARANGAY WHERE THEMY BARANGAY? RESPONDENTS OR ONE OF THE RESPONDENTS RESIDE AT THE CHOICE OF THE COMPLAINANT. IS THAT CLEAR TO YOU?CHAPTER TWOMEDIAT I O N THROUGH THE PUNONG BARANGAY

YES , NOW, WHAT IF ANY OF THE INVOLVEDPARTIES IS INCOMPETENT OR A MINOR? WELL, HE/SHE SHOULD BE REPRESENTED BY A LEGAL GUARDIAN OR NEXT OF KIN WHO IS NOT A LAWYER.CAN I MEDIATE NO, I DON‛T THINK SO. ACASES INVOLVING JURIDICAL PERSONCOOPERATIVES OR OR CORPORATIONPEOPLE‛S LIKE A COOPERATIVE CAN NOT FILEORGANIZATION A COMPLAINT BECAUSE IT IS NOTOPERATING IN MY A PARTY TO AMICABLEBARANGAY? SETTLEMENT. ANY CASE INVOLVING COOPERATIVE OR PEOPLE‛S ORGANIZATION CAN GO DIRECTLY TO COURT WITHOUT GOING THROUGH MEDIATION OR CONCILIATION.SO WHAT ARE THE CASES UNDER THE KATARUNGANGPAMBARANGAY? 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.KATARUNGANG PAMBARANG AY 21

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); RESPONSIBILITY OF PARTICIPANTS IN A DUEL IF ONLY PHYSICAL INJURIES ARE INFLICTED OR NO PHYSICAL INJURIES HAVE BEEN INFLICTED (ART. 260); LESS SERIOUS PHYSICAL INJURIES (ART. 265); SLIGHT PHYSICAL INJURIES AND MALTREATMENT (ART. 266); UNLAWFUL ARREST (ART. 269); INDUCING A MINOR TO ABANDON HIS/HER HOME (ART. 271); ABANDONMENT OF A PERSON IN DANGER AND ABANDONMENT OF ONE’S OWN VICTIM (ART. 275); ABANDONING A MINOR (A CHILD UNDER SEVEN [7] YEARS OLD) (ART. 276); ABANDONMENT OF A MINOR BY PERONS ENTRUSTED WITH HIS/HER CUSTODY; INDIFFERENCE OF PARENTS (ART. 277); QUALIFIED TRESSPASS TO DWELLING (WITHOUT THE USE OF VIOLENCE AND INTIMIDATION). (ART. 280); OTHER FORMS OF TRESSPASS (ART. 281); LIGHT THREATS (ART. 283); OTHER LIGHT THREATS (ART. 285); GRAVE COERCION (ART. 286); LIGHT COERCION (ART. 287); OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF MERCHANDISE AND PAYMENT OF WAGES BY MEANS OF TOKENS). (ART. 288); 23. FORMATION, MAINTENANCE AND PROHIBITION OF COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS (ART. 289);22 A HANDBOOK

DISCOVERING SECRETS THROUGH SEIZURE ANDCORRESPONDENCE (ART. 290);REVEALING SECRETS WITH ABUSE OF AUTHORITY (ART.291);THEFT (IF THE VALUE OF THE PROPERTY STOLEN DOES NOTEXCEED P50.00). (ART. 309);QUALIFIED THEFT (IF THE AMOUNT DOES NOT EXCEEDP500). (ART. 310);OCCUPATION OF REAL PROPERTY OR USURPATION OF REALRIGHTS IN PROPERTY (ART 312);ALTERING BOUNDARIES OR LANDMARKS (ART. 313);SWINDLING OR ESTAFA (IF THE AMOUNT DOES NOTEXCEED 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 OFTHE DAMAGED PROPERTY DOES NOT EXCEED P1,000.00).(ART 328);OTHER MISCHIEFS (IF THE VALUE OF THE DAMAGEDPROPERTY DOES NOT EXCEED P1,000.00). (ART. 329);SIMPLE SEDUCTION (ART. 338);ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THEOFFENDED PARTY (ART 339);THREATENING TO PUBLISH AND OFFER TO PREVENT SUCHPUBLICATION FOR COMPENSATION (ART. 356);PROHIBITING PUBLICATION OF ACTS REFERRED TO IN THECOURSE 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 PROPERTYINVOLVED IS NOT MORE THAN P50.00 (PD 1612).KATARUNGANG PAMBARANGAY 23

MY GOODNESS! THAT‛S A LOT! WHAT OTHER CASES ARE EXEMPTED IN KATARUNGANG PAMBARANGAY ASIDE FROM THAT OF A JURIDICAL PERSON OR CORPORATION? OFFENSES INVOLVING GOVERNMENT ENTITY; OFFENSES WITH MAXIMUM PENALTY OF 1 YEAR AND EXCEEDING FINE FIVE THOUSAND (P5,000.00); OFFENSES WITH NO PRIVATE PARTY; REAL PROPERTIES IN DIFFERENT CITIES OR MUNICIPALITIES, DISPUTES THAT NEED URGENT LEGAL ACTION, LABOR DISPUTES, LAND DISPUTES AND ACTION TO ANNUL A JUDGMENT UPON A COMPROMISE.WHAT WILL BE THE FIRST STEP IN MEDIATING CASES? OK. THE COMPLAINANT, WITH THE HELP OF YOUR SECRETARY, WILL FILL UP KP FORM 7. A MINIMAL FILING FEE IS BEING CHARGED AND PAID TO THE BARANGAY TREASURER. IT IS ALSO VERY IMPORTANT TO NOTE THAT NO INDIVIDUAL CAN GO DIRECTLY TO COURT OR ANY GOVERNMENT OFFICE FOR ADJUDICATION OF HIS/HER DISPUTE WITH ANOTHER INDIVIDUAL ESPECIALLY IF THE MATTER IS WITHIN YOUR JURISDICTION.24 A HANDBOOK

KP FORM # 7: COMPLAINANT’S FORM Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE LUPONG TAGAPAMAYAPA___________________ Barangay Case No. ___________________________________ For: ____________________________ Complainant/s ________________________________ ________________________________— against —____________________________________ Respondent/s COMPLAINTI/WE hereby complain against above named respondent/s for violating my/ourrights and interests in the following manner:_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________THEREFORE, I/WE pray that the following relief/s be granted to me/us inaccordance with law and/or equity:_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Made this _______ day of ___________, 19____.________________Complainant/sReceived and filed this ________ day of __________, 19____.____________________________Punong Barangay/Lupon ChairmanKATARUNGANG PAMBARANGAY 25

YOU MEAN, THE CONCERNED YES, EXCEPT WHEN THEPARTIES MUST GO THROUGH PARTIES PERSONALLYTHE KATARUNGANG CONFRONTED EACH OTHERPAMBARANGAY? AND SETTLE THEIR DISPUTE. BUT IF NOT, THEY SHOULD GO THROUGH THE CONCILIATORY PROCEEDINGS OR ELSE THE COURTS CAN SIMPLY DISMISS FOR LACK OF CAUSE OF ACTION OR PREMATURITY.I SEE…ARE WE NOT ACTING NO, WE ARE NOT. THE BASICLIKE A COURT AND THE DISTINCTION IN OUR WORKLUPON AS JUDGES? AS LUPON IS THAT IT ISOK, NOW AFTER THE NOT A BARANGAY COURT ANDCOMPLAINANT HAS PAID THE LUPON MEMBERS ARE NOTFILING FEE, WHAT IS THE JUDGES. IT IS ANEXT STEP? CONCILIATION BODY AND THE MEMBERS ARE CONCILIATORS. IN YOUR CASE, YOU ARE THE MEDIATOR. WITHIN THREE (3) DAYS,YOU SHOULD ISSUE A NOTICE OF HEARING TO THE COMPLAINANT AND SUMMON THE RESPONDENT BOTH OF WHOM SHOULD APPEAR IN YOUR OFFICE.26 A HANDBOOK

KP FORM # 8: NOTICE OF HEARING Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE LUPONG TAGAPAMAYAPA NOTICE OF HEARING (MEDIATION PROCEEDINGS) TO: _________________ ________________ Complainant/s You are hereby required to appear before me on the ______ day of _______, 19___ at ________ o’clock in the morning/afternoon for the hearing of your complaint. This ________ day of ____________, 19____. ____________________________ Punong Barangay/Lupon Chairman Notified this ________ day of __________, 19____. complainant/s _______________ _______________ WHAT IF ANY OF THE PARTIES FAILED TO APPEAR? IF THE COMPLAINANT CANNOT APPEAR BEFORE YOU WITHOUT JUSTIFIABLE CAUSE, HIS/HER COMPLAINT WILL BE DISMISSED AND EVENTUALLY HE/SHE CANNOT FILE A CASE IN COURT. HE CAN ALSO BE PUNISHED/REPRIMANDED FOR INDIRECT CONTEMPT. HOWEVER, IF THE RESPONDENT CANNOT ALSO APPEAR WITHOUT JUSTIFIABLE CAUSE, HIS/HER COUNTERCLAIM IF THERE IS ANY, WILL BE DISMISSED AND HE WILL BE BARRED FROM FILING IN COURT AND BE PUNISHED FOR INDIRECT CONTEMPT OF COURT.KATARUNGANG PAMBARANGAY 27

KP FORM # 9: SUMMON FOR THE RESPONDENT Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________OFFICE OF THE LUPONG TAGAPAMAYAPA___________________ Barangay Case No. ___________________________________ For: ____________________________ Complainant/s ________________________________ ________________________________— against —____________________________________ Respondent/s SUMMONSTO: ____________________ _________________________ ____________________ _________________________ RespondentsYou are hereby summoned to appear before me in person, together with yourwitnesses, on the _______ day of _________, 19___ at ____________o’clock in the morning/afternoon, then and there to answer to a complaintmade before me, copy of which is attached hereto, for mediation/conciliationof your dispute with complainant/s.You are hereby warned that if you refuse or willfully fail to appear inobedience to this summons, you may be barred from filing any counterclaimarising from said complaint.FAIL NOT or else face punishment as for contempt of court.This _______ day of ____________, 19___._____________________________Punong Barangay/Pangkat Chairman WHAT IF BOTH OF THEM APPEAR? HOW WILL I RESOLVE THEIR CASES? CORRECTION, YOU WILL NOT RESOLVETHEIR CASE BUT YOU WILL HELP THEM RESOLVETHEIR CASE. AS MEDIATOR, YOU WILL LISTENTO THEM CAREFULLY AND HELP THEM FIND THE28 A HANDBOOK

SOLUTION WITHIN 15 DAYS. IF THE RESPONDENT DOES NOTAPPEAR, THE CASE WILL BE REFERRED TO THE PANGKATTAPAGPAGKASUNDO.KP FORM # 9: BACK PAGE OFFICER’S RETURNI served this summons upon respondent ____________________________ onthe ______ day of ______________, 19____, and upon respondent___________________________ on the day of ________________, 19____,by:(Write name/s of respondent/s before mode by which he/they was/wereserved.) Respondent/s__________________________ 1. handing to him/them said summons in person, or__________________________ 2. handing to him/them said summons and he/they refused to receive it, or__________________________ 3. leaving said summons at his/their dwelling with __________ (name) a person of suitable age and discretion residing therein, or__________________________ 4. leaving said summons at his/their office/place of business with ________, ( name) a competent person in charge thereof._____________OfficerReceived by Respondent/s representative/s:___________________ __________________ Signature Date___________________ __________________ Signature Date NOW, BEFORE I ASK FURTHER ON THE PANGKAT, AS THE PUNONG BARANGAY, WHAT WILL I DO IN HANDLING THEIR CASES PROPERLY? BEFORE THE ACTUAL MEDIATION, IT IS NECESSARY FOR YOU TO KNOW THE PARTIES INVOLVED AND THEIR DIFFERENCES.KATARUNGANG PAMBARANGAY 29

THEN, WHAT WILL I DO? IS THERE A SET OF RULES TO BE FOLLOWED?IT IS VERY IMPORTANT TO EXPLAIN THEPROCESS AND OBJECTIVES OF THEMEDIATION AND THE RULES TO BEOBSERVED DURING THE MEDIATION. IT IS BETTER IF YOU COULD START THE WHOLE PROCESS WITH A PRAYER… GIVE EACH PARTY TIME TO EXPLAIN THEIR SIDE WITHOUT INTERRUPTION FROM THE OTHER PARTY. ASK QUESTIONS AND INVOLVE BOTH PARTIES IN LOOKING FOR THE SOLUTION OF THEIR DISPUTES.IT SEEMS IT IS A VERY TEDIOUSTO BE SO PROCESS THAT NEEDS AEASY… GREAT DEAL OF RESPECT AND LISTENING. REMEMBER YOU ARE A NOT A JUDGE BUT A MEDIATOR…LET BOTH PARTIES FIND A SOLUTION TO THEIR DISPUTE.SO IF THEY AGREED TO HAVE YES, BUT IT SHOULD BESETTLEMENT, SHOULD WE IN A LANGUAGE ORPUT INTO WRITING THE DIALECTTERMS AND CONDITION OF KNOWN TOTHEIR SETTLEMENT? PARTIES.30 A HANDBOOK

KP FORM # 16: AMICABLE SETTLEMENT Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________OFFICE OF THE LUPONG TAGAPAMAYAPA___________________ Barangay Case No. ___________________________________ For: ____________________________ Complainant/s ________________________________ ________________________________ — against —____________________________________ Respondent/s AMICABLE SETTLEMENTWe, complainant/s and respondent/s in the above-captioned case, do herebyagree to settle our dispute as follows:______________________________________________________________________________________________________________________________and bind ourselves to comply honestly and faithfully with the above terms ofsettlement.Entered into this ______ day of __________, 19_______.Complainant/s Respondent/s___________________ _____________________________________ __________________ ATTESTATIONI hereby certify that the foregoing amicable settlement was entered into by theparties freely and voluntarily, after I had explained to them the nature andconsequence of such settlement.______________________________Punong Barangay/Pangkat Chairman HOW CAN WE BE ENSURED THAT THE AGREEMENT WILL BE COMPLIED? AFTER 10 DAYS, THE SETTLEMENT WILL BE EXECUTORY AND IT HAS THE FORCE AND EFFECT OF A DECISION OF A COURT.KATARUNGANG PAMBARANGAY 31

WHAT IF ANY OF IN THAT CASE, ANYDISPUTANT WAS FORCEDTO COME UP WITH THE PARTY CAN PROTEST THE SETTLEMENT WITHIN SETTLEMENT 10 DAYS. FOR THROUGH FRAUD, AFTER 10 DAYS, THREAT OR THE SETTLEMENT WILL TAKE INTIMIDATION? EFFECT. HOW CAN THE RESPONDENT HE/SHE CAN COMPLY WITH VOLUNTARY THE SETTLEMENT? COMPLY WITH THE SETTLEMENTWHAT IF MY MEDIATIONFAILS AND NO WITHIN 5 DAYS.SETTLEMENT IS EVER HOWEVER, IF HE/SHE FAILS, THEN, WE CANREACHED? IS THERE ANY TAKE HIS/HER PROPERTY AS PRESCRIBED BY LAW.WAY THAT THE PARTIESCAN SETTLE THEIR WE CAN DISCUSS THATDISPUTES? FURTHER LATER. YES, OF COURSE. OUR CULTURE PROVIDES QUITE A NUMBER OF WAYS OF RESOLVING DISPUTES. ONE OF THESE IS RESOLVING THROUGH A GROUP OF CONCILIATORS KNOWN AND RESPECTED BY BOTH PARTIES…IN THE CODE, WE CALL THIS PANGKAT TAGAPAGKASUNDO.32 A HANDBOOK