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Katarungang Pambarangay Handbook - 0 Booklet
Katarungang Pambarangay Handbook - 0 Booklet
KATARUNGANG
PAMBARANGAY
A H A N D B O O K
Katarungang Pambarangay: A Handbook
WRITERS
Maricel Vigo
Atty. Marlon Manuel, SALIGAN
ISBN 971-92952-0-1
Published by:
____________________, 20____
Date
A JOINT PROJECT OF
MONTHLY TRANSMITTAL OF FINAL REPORTS
____________________________ IMPLEMENTED BY
(Clerk of Court)
Agriteam Canada
Federation of Canadian
www.agriteam.ca
Municipalities (FCM)
www.fcm.ca
114 A HANDBOOK
Signed this _________ day of ___________, 19____.
___________________
Punong Barangay
Copy furnished:
____________________ ___________________
____________________ ___________________
Complainant/s Respondent/s
K A TA R U N G A N G PA M B A R A N G AY 113
KP FORM # 27: NOTICE OF EXECUTION
CONTENTS
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA Foreword vii
Acknowledgements ix
___________________ Barangay Case No. __________ Preface xi
___________________ For: ______________________ Definition of Terms xiii
Complainant/s _________________________ Introduction 1
__________________________
PART 1: ACTUAL PROCESSES
— against —
Chapter 1 — Constitution of the Lupon 9
__________________
__________________ Chapter 2 — Mediation through 20
Respondent/s the Punong Barangay
Chapter 3 — Conciliation through 33
NOTICE OF EXECUTION the Pangkat Tagapagkasundo
Chapter 4 — Arbitration 52
WHEREAS, on ______________(date), an amicable settlement was Chapter 5 — Indigenous Modes of Dispute 58
signed by the parties in the above-entitled case [or an arbitration award Resolution
was rendered by the Punong Barangay/Pangkat ng Tagapagkasundo];
WHEREAS, the terms and conditions of the settlement, the dispositive PART 2: BENEFITS, INCENTIVES AND AWARDS
portion of the award. read:
______________________________________________________________________________________________________________________________________________________________________________________________________
Chapter 1 — Scholarships 69
_____________________________________________________________________________________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________________________________________________________________________________ Chapter 2 — Incentives and Awards 73
The said settlement/award is now final and executory; Annexes — Katarungang Pambarangay Forms
WHEREAS, the party obliged ________________ (name) has not KP Form # 1 Notice to Constitute the Lupon
complied voluntarily with the aforestated amicable settlement/ KP Form # 2 Appointment Letter
arbitration award, within the period of five (5) days from the date of KP Form # 3 Notice of Appointment
hearing on the motion for execution; KP Form # 4 List of Appointed Lupon Members
NOW, THEREFORE, in behalf of the Lupong Tagapamayapa and by KP Form # 5 Lupon Member Oath Statement
virtue of the powers vested in me and the Lupon by the Katarungang KP Form # 6 Withdrawal of Appointment
Pambarangay Law and Rules, I shall cause to be realized from the KP Form # 7 Complainant’s Form
goods and personal property of __________________ (name of party KP Form # 8 Notice of Hearing
obliged) the sum of _________________ (state amount of settlement KP Form # 9 Summon for the Respondent
or award) upon in the said amicable settlement [or adjudged in the said KP Form # 10 Notice for Constitution of Pangkat
arbitration award], unless voluntary compliance of said settlement or KP Form # 11 Notice to Chosen Pangkat Member
award shall have been made upon receipt hereof. KP Form # 12 Notice of Hearing (Conciliation
Proceedings)
KP Form #13 Subpoena Letter
KP Form #14 Agreement for Arbitration
112 A HANDBOOK
KP Form # 15 Arbitration Award KP FORM # 26: NOTICE OF HEARING (RE: MOTION FOR EXECUTION)
KP Form # 16 Amicable Settlement
KP Form # 17 Repudiation Republic of the Philippines
KP Form # 18 Notice of Hearing for Complainant
Province of __________
KP Form # 19 Notice of Hearing for Respondent
CITY/MUNICIPALITY OF ______________
KP Form # 20 Certification to File Action (from Barangay _________________
Lupon Secretary)
OFFICE OF THE LUPONG TAGAPAMAYAPA
KP Form # 21 Certification to File Action (from
Pangkat Secretary) ___________________ Barangay Case No. __________
KP Form # 22 Certification to File Action
___________________ For: ______________________
KP Form # 23 Certification to Bar Action
Complainant/s _________________________
KP Form # 24 Certification to Bar Counterclaim __________________________
KP Form # 25 Motion for Execution
KP Form # 26 Notice of Hearing (Re: Motion for
— against —
Execution
KP Form # 27 Notice of Execution
__________________
KP Form # 28 Monthly Transmittal of Final Reports __________________
Respondent/s
NOTICE OF HEARING
(RE: MOTION FOR EXECUTION)
________________
(Date)
___________________________
Punong Barangay/Lupon Chairman
_____________________ ____________________
(Signature) (Signature)
Complainant/s Respondent/s
K A TA R U N G A N G PA M B A R A N G AY 111
KP FORM # 25: MOTION FOR EXECUTION
FOREWORD
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA IT has always been a source of pride for us in the
Department of the Interior and Local Government to
___________________ Barangay Case No. __________ bear witness to outstanding initiatives of partners in
___________________ For: ______________________ local governance. We are therefore pleased to
Complainant/s _________________________ acknowledge the latest publication of the Philippines-
__________________________ Canada Local Government Support Program (LGSP),
Katarungang Pambarangay: A Handbook.
— against —
Republic Act 7160, otherwise known as the 1991
__________________
__________________ Local Government Code, gives barangays the
Respondent/s mandate to enforce peace and order and provide
support for the effective enforcement of human
MOTION FOR EXECUTION rights and justice. Decentralization has facilitated the
recognition of the Katarungang Pambarangay or
Complainant/s/Respondent/s state as follows: Barangay Justice System as an alternative venue for
1. On _____________ (Date) the parties in this case signed an the resolution of disputes. The challenge facing local
amicable settlement/received the arbitration award rendered by the governments now is to maximize and harness the
Lupon/Chairman/Pangkat ng Tagapagkasundo; katarungang pambarangay as one of the most
2. The period of ten (10) days from the above-stated date has expired valuable mechanisms available in administering
without any of the parties filing a sworn statement of repudiation of the
justice, advancing human rights protection and
settlement before the Lupon Chairman a petition for nullification of the
arbitration award in court; and resolving and/or mediating conflict at the barangay
3. The amicable settlement/arbitration award is now final and level through non-adversarial means.
executory.
WHEREFORE, Complainant/s/Respondent/s request that the Katarungang Pambarangay: A Handbook
corresponding writ of execution be issued by the Lupon Chairman in provides local governments an easy-to-use tool with
this case. which to take up this challenge. It fills the need to
increase the awareness and understanding of
_______________ katarungang pambarangay and its value as an
(Date) empowering and alternative tool for the resolution of
_______________________ community and family disputes at the barangay
Complainant/s/Respondent/s
level. With the fast-evolving demand for access to
justice, there is a need to utilize this mechanism
more strategically and proactively as a way to
promote peace at the grassroots. The Punong
Barangay (Barangay Heads), members of the Lupong
Tagapamayapa (Peace Council) and communities will
Attested:
____________________________
Lupon Chairman/Pangkat Chairman
This is to certify that the above-captioned case was dismissed pursuant Maricel Vigo for the overall writeup and excellent
to the Order dated ______________, for complainant/s technical contribution
_______________ (name) and ______________ (name) willful failure
or refusal to appear for hearing before the Punong Barangay/Pangkat LGSP Area Managers Tess Gajo, Merlinda Hussein,
ng Tagapagkasundo and therefore complainant/s is/are barred from Evelyn Jiz and LGSP Program Officers namely Vic
filing an action in court/government office.
Alfaro, Edgar Catalan, Abduljim Hassan and Cris
This ________ day of ______________, 19____. Tagupa for their invaluable collaboration
108 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY ix
Arnold Beroya for the illustrations and Alecks Pabico KP FORM # 22: CERTIFICATION TO FILE ACTION
for layout and overall art direction
Republic of the Philippines
Raymond Oliveros, Janilo Rubiato and Tess Province of __________
Tajanlangit for the translation of the handbook to CITY/MUNICIPALITY OF ______________
Tagalog, Cebuano and Ilonggo, respectively Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
Ria Adapon and Sef Carandang for overall
coordination and editorial work ___________________ Barangay Case No. __________
___________________ For: ______________________
Complainant/s _________________________
Gigi Barazon and the rest of the LGSP administrative __________________________
staff for providing support.
— against —
__________________
__________________
Respondent/s
_________________
Pangkat Secretary
Attested by:
_________________
Pangkat Chairman
x A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 107
KP FORM # 21: CERTIFICATION TO FILE ACTION (FROM PANGKAT
SECRETARY) PREFACE
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA KATARUNGANG Pambarangay: A Handbook is the
latest publication of the Philippines-Canada Local
___________________ Barangay Case No. __________ Government Support Program (LGSP) as part of its
___________________ For: ______________________ mandate to mainstream effective and responsive
Complainant/s _________________________ barangay governance.
__________________________
Republic Act 7160 or the Local Government Code
— against —
of 1991 expanded the scope and powers of the
__________________ Katarungang Pambarangay or the Barangay Justice
__________________ System designed not merely to decongest the courts
Respondent/s of cases but to address inequalities in access to
justice, particularly experienced by marginalized
CERTIFICATION TO FILE ACTION communities. The barangays, being the basic
political unit in the country, is in the most strategic
This is to certify that: position to facilitate resolution or mediation of
1. There has been a personal confrontation between the parties before community and family disputes, alongside its
the Punong Barangay but mediation failed; mandate to deliver basic services.
2. The Pangkat ng Tagapagkasundo was constituted but the personal
confrontation before the Pangkat likewise did not result into a
In empowering local government units in Western
settlement; and
3. Therefore, the corresponding complaint for the dispute may now be Visayas and Mindanao, LGSP has designed initiatives
filed in court/government office. that strengthen barangay governance, including
enhancing and mainstreaming the use of and access
This _________ day of _________, 19_____. to the barangay justice system. The Katarungang
Pambarangay: A Handbook was designed to provide
_________________ a user-friendly, easy to read and simple tool to
Pangkat Secretary promote the knowledge of the katarungang
pambarangay as an effective alternative mechanism
Attested by: for dispute resolution.
_________________
Pangkat Chairman
This handbook aims to increase the
understanding of the Punong Barangays (barangay
heads) and members of the Lupong Tagapamayapa
(Barangay Peace Council) on the processes and
procedures of the barangay justice system to enable
them to maximize its use in their communities. It is
also intended to provide a practical overview for the
106 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY xi
members of the communities — paralegals, non- Respondent/s: Complainant/s:
government and people’s organizations — regarding ____________________ ______________________
the role and benefits of the katarungang ____________________ ______________________
pambarangay in their lives.
By doing so, LGSP hopes that it would somehow KP FORM # 20: CERTIFICATION TO FILE ACTION (FROM LUPON
make a difference in people’s lives by contributing to SECRETARY)
a better understanding and strategic administration Republic of the Philippines
of the barangay justice system. Katarungang Province of __________
Pambarangay: A Handbook is a modest contribution CITY/MUNICIPALITY OF ______________
to creating greater awareness of an alternative to Barangay _________________
what can be an elitist and complex legal system, OFFICE OF THE LUPONG TAGAPAMAYAPA
often characterized by an arduous legal process. This
___________________ Barangay Case No. __________
publication is a way to empower grassroots
___________________ For: ______________________
communities to exact their basic rights and provide Complainant/s _________________________
them a viable way to do so. __________________________
___________________
Lupon Secretary
Attested:
__________________
Lupon Chairman
102 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY xv
form of an order issued by a judge before whom the
case is pending granting allowance, dwelling, _____________________________________
clothing, education and medical attendance to the Punong Barangay/Pangkat Chairman/Member
person entitled thereof.
Received and filed * this ______ day of ______________, 19_____.
Venue is the place where the case is to be heard and ____________________
decided. This is not fixed by law except in criminal Punong Barangay
cases, and can be agreed upon by the parties. * Failure to repudiate the settlement or the arbitration agreement within
the time limits respectively set (ten [10] days from the date of
settlement and five[5] days from the date of arbitration agreement)
shall be deemed a waiver of the right to challenge on said grounds.
[ ] Violence. (State details)______________________________ When PD 1508 first decreed the setting up of the
________________________________________________ Barangay Justice System, the law had the following
________________________________________________ objectives:
100 A HANDBOOK
These same objectives are stated in the KP FORM # 16: AMICABLE SETTLEMENT
Katarungang Pambarangay Rules that were
promulgated by the Department of Justice on June 1, Republic of the Philippines
1992, pursuant to the mandate of the Local Province of __________
Government Code. These rules serve as the CITY/MUNICIPALITY OF ______________
implementing rules for the provisions of the Local Barangay _________________
Government Code on the establishment, OFFICE OF THE LUPONG TAGAPAMAYAPA
administration, and operation of the Barangay Justice
System. ___________________ Barangay Case No. __________
___________________ For: ______________________
Complainant/s _________________________
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 — against —
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 Respondent/s
disputes. The Punong Barangay and the community
conciliators (Lupon members) do not act as judges or AMICABLE SETTLEMENT
adjudicators of disputes but as facilitators for the
disputing parties’ discussion of possible solutions. We, complainant/s and respondent/s in the above-captioned case, do
hereby agree to settle our dispute as follows:
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 and bind ourselves to comply honestly and faithfully with the above
conciliation proceedings, disputes involving non- terms of settlement.
natural persons like
corporations are not Entered into this ______ day of __________, 19_______.
Simply put, the
Barangay Justice subject to the
conciliation Complainant/s Respondent/s
System provides a ___________________ __________________
friendly, inexpensive, proceedings of the
___________________ __________________
and speedy forum for Barangay Justice
the settlement of System. ATTESTATION
disputes where the
parties can freely The Barangay I hereby certify that the foregoing amicable settlement was entered into
explore options for Justice System by the parties freely and voluntarily, after I had explained to them the
amicably resolving provides an nature and consequence of such settlement.
their disputes without alternative mode for
dispute resolution to ______________________________
resorting to the Punong Barangay/Pangkat Chairman
courts. the costly and lengthy
process of settling
2 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 99
KP FORM # 15: ARBITRATION AWARD disputes in regular courts. Instead of going through
the very technical procedure of filing formal
Republic of the Philippines pleadings and presenting evidence in courts, the
Province of __________ parties of a dispute are given the opportunity to try
CITY/MUNICIPALITY OF ______________ to talk to each other and resolve their disputes
Barangay _________________ amicably. The technical processes and rules that are
OFFICE OF THE LUPONG TAGAPAMAYAPA usually applied in court proceedings are not applied.
Filing a case in court, or defending oneself against
___________________ Barangay Case No. __________ such a case,
___________________ For: ______________________ would necessarily
Complainant/s _________________________ In some areas where the
__________________________
entail the services courts are inaccessible, both
of lawyers. In the because of location and
— against — Barangay Justice because of the prohibitive
System, however, costs of litigation, the
__________________ the parties do not Barangay Justice System,
__________________ need to secure the with all its limitations, can
Respondent/s services of be the only venue that the
lawyers. In fact, poor can avail of for the
ARBITRATION AWARD the law prohibits resolution of their disputes.
the participation
After hearing the testimonies given and careful examination of the of lawyers in the
evidence presented in this case, award is hereby made as follows:
__________________________________________
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.
Made this _____ day of _____________, 19____ at ______________.
Simply put, the Barangay Justice System provides
______________________________ a friendly, inexpensive, and speedy forum for the
Punong Barangay/Pangkat Chairman * settlement of disputes where the parties can freely
explore options for amicably resolving their disputes
__________________ without resorting to the courts.
Member
__________________
On the issue of access to justice, the Barangay
Member Justice System provides an accessible mechanism for
resolving the justice issues of the poor.
ATTESTED:
___________________________ In some areas where the courts are inaccessible,
Punong Barangay/Lupon Secretary ** both because of location and because of the
* To be signed by either, whoever made the arbitration award. prohibitive costs of litigation, the Barangay Justice
** To be signed by the Punong Barangay if the award is made by the System, with all its limitations, can be the only venue
Pangkat Chairman, and by the Lupon Secretary if the award is made by that the poor can avail of for the resolution of their
the Punong Barangay. disputes.
98 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 3
The Barangay Justice System is also envisioned to KP FORM # 14: AGREEMENT FOR ARBITRATION
complement the courts in administering justice. For
cases that are covered by the Barangay Justice
Republic of the Philippines
System, it is compulsory for the parties to go
Province of __________
through the Barangay Justice System proceedings CITY/MUNICIPALITY OF ______________
first before going to court. Failure to do so would Barangay _________________
mean the dismissal of the parties’ claim or OFFICE OF THE LUPONG TAGAPAMAYAPA
counterclaim. It is only when the Barangay Justice
System has failed to resolve the dispute that the ___________________ Barangay Case No. __________
parties will be allowed to bring their case to court. ___________________ For: ______________________
Complainant/s _________________________
The Supreme Court issued Administrative __________________________
Circular No. 14-93 on July 15, 1993 directing the
courts to ensure compliance with the requirement of — against —
prior recourse to the Barangay Justice as a condition
__________________
for filing a complaint in court for cases that are __________________
covered by the system. Respondent/s
4 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 97
KP FORM # 13: SUBPOENA LETTER community. In recognition of traditional customary
practices in some indigenous communities, the law
on the Barangay Justice System provides that in
Republic of the Philippines
communities that have distinct traditional practices
Province of __________
CITY/MUNICIPALITY OF ______________ of settling disputes, the customs and traditions of
Barangay _________________ the indigenous cultural communities shall be
OFFICE OF THE LUPONG TAGAPAMAYAPA applied. Thus, local systems of settling disputes
through their councils of datus or elders are
___________________ Barangay Case No. __________ recognized and followed with the same force and
___________________ For: ______________________ effect as the procedure laid down in the law.
Complainant/s _________________________
__________________________
The Supreme Court issued Administrative
— against — Circular No. 14-93 on July 15, 1993 directing the
courts to ensure compliance with the
__________________
__________________ requirement of prior recourse to the Barangay
Respondent/s Justice as a condition for filing a complaint in
court for cases that are covered by the system.
SUBPOENA
TO: ____________________ _________________________ The strength of the Barangay Justice System lies
____________________ _________________________ in the fact that it is based in the community itself,
and is administered by community members using
Witnesses traditional practices in dispute resolution. With this
set-up, the disputing parties are expected to be more
You are hereby commanded to appear before me on the ______ day of
comfortable in discussing their problems and in
_________, 19___, at ___________ o’clock, then and there to testify
in the hearing of the above-captioned case. exploring solutions to the disputes. It is likewise
expected that the community-based set-up of the
This ______ day of _________, 19____. Barangay Justice System will ensure that the parties
will honor the amicable settlement that was agreed
_______________________________ upon. Ultimately, the Barangay Justice System is
Punong Barangay/Pangkat Chairman envisioned to live up to its name. It is expected to
(Cross out whichever one is not applicable.) ensure the dispensation of justice at the grassroots
level.
96 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 5
This handbook has also been translated to three KP FORM # 12: NOTICE OF HEARING (CONCILIATION PROCEEDINGS)
Philippine dialects, namely Tagalog, Cebuano and
Ilonggo, to facilitate greater use and understanding
Republic of the Philippines
of the system at the community level. Also, a
Province of __________
handbook on the Barangay Justice System in ARMM is CITY/MUNICIPALITY OF ______________
being developed, which takes a look at the existing Barangay _________________
indigenous/traditional mechanisms of dispensing OFFICE OF THE PUNONG BARANGAY
justice in the Muslim and Moro cultures.
TO: __________________ ____________________
_________________ ____________________
Complainant/s Respondent/s
NOTICE OF HEARING
(CONCILIATION PROCEEDINGS)
You are hereby required to appear before the Pangkat on the ________
day of _____________, 20____, at _________ o’clock for a hearing of
the above-entitled case.
___________________
Pangkat Chairman
Complainant/s Respondent/s
___________________ __________________
___________________ __________________
6 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 95
KP FORM # 11: NOTICE TO CHOSEN PANGKAT MEMBER
— against —
__________________
__________________
Respondent/s
(Date)
TO: ________________
Notice is hereby given that you have been chosen member of the
Pangkat ng Tagapagkasundo amicably conciliate the dispute between
the par in the above-entitled case.
____________________________
Punong Barangay/Lupon Secretary
ACTUAL
PRACTICES
94 A HANDBOOK
KP FORM # 10: NOTICE FOR CONSTITUTION OF PANGKAT
____________________
Punong Barangay
K A TA R U N G A N G PA M B A R A N G AY 93
Back page C H A P T E R O N E
CONSTITUTION LUPON
OFFICER’S RETURN
OF THE
I served this summons upon respondent _________________________
on the ______ day of ______________, 19____, and upon respondent
___________________________ on the day of ________________, GOOD MORNING, KAPITAN PEDRING.
19____, by:
ONE MORNING HELLO. GOOD MORNING,
(Write name/s of respondent/s before mode by which he/they was/were IN BARANGAY
TOO. CONGRATULATIONS
served.) PAG-ASA...
Respondent/s TO THE NEW PUNONG
__________________________ 1. handing to him/them said BARANGAY OF BAGONG
summons in person, or DIWA. WHAT CAN I DO
__________________________ 2. handing to him/them said FOR YOU?
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/ THANK YOU. ACTUALLY, I CAME WELL, YOU HAVE COME
their office/place of business TO ASK SOME QUESTIONS TO THE RIGHT
with ________, ( name) a REGARDING THE ADMINISTRA- PERSON, SIT
competent person in charge TION OF THE
thereof. DOWN AND
BARANGAY HAVE SOME
_____________ JUSTICE COFFEE.
Officer SYSTEM IN
OUR
Received by Respondent/s representative/s: BARANGAY.
___________________ __________________
Signature Date YOU KNOW CELIA, BARANGAY JUSTICE OR
___________________ __________________ KATARUNGANG PAMBARANGAY IS ONE
Signature Date 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.
92 A HANDBOOK
KP FORM # 9: SUMMON FOR THE RESPONDENT
I SEE. BUT IS IT ONLY THE PUNONG
BARANGAY WHO HAS THE AUTHORITY TO
Republic of the Philippines
CONSTITUTE THE LUPON? Province of __________
CITY/MUNICIPALITY OF ______________
YES, THE PUNONG BARANGAY CAN Barangay _________________
APPOINT THE LUPON MEMBERS. IT OFFICE OF THE LUPONG TAGAPAMAYAPA
IS HIS/HER EXCLUSIVE
PREROGATIVE — NO NEED FOR APPROVAL, ___________________ Barangay Case No. __________
CONFIRMATION OR RATIFICATION OF THE
___________________ For: ______________________
Complainant/s _________________________
SANGGUNIANG BARANGAY.
__________________________
— against —
WHAT IF THE PUNONG HE/SHE CAN BE CHARGED
__________________
BARANGAY FAILS TO OF NEGLECT OF DUTY
__________________
ORGANIZE THE LUPON? AND BE SUBJECTED TO Respondent/s
ADMINISTRATIVE
SANCTIONS. SUMMONS
10 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 91
WHO ARE QUALIFIED TO BE MEMBERS OF THE
Made this _______ day of ___________, 19____. LUPON?
________________
Complainant/s ANYBODY WHO IS AN ACTUAL RESIDENT
OR WORKING IN THE BARANGAY, OF
Received and filed this ________ day of __________, 19____. LEGAL AGE AND POSSESSES THE FOLLOWING
QUALITIES: INTEGRITY, IMPARTIALITY, INDEPENDENCE,
___________________________
Punong Barangay/Lupon Chairman FAIRNESS, REPUTATION FOR PROBITY, PATIENCE,
RESOURCEFULNESS, OPEN-MINDEDNESS AND
FLEXIBILITY, CAN BE A MEMBER OF THE LUPON.
KP FORM # 8: NOTICE OF HEARING
Complainant/s
_______________
_______________
90 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 11
NOTE:
AFTER IDENTIFYING THE
10-20 MEMBERS OF MY YOUR SECRETARY, WHO IS The members of the Lupon conforming to the withdrawal must
LUPON, WHAT ARE THE ALSO THE CONCURRENT personally affix their signatures or thumb marks on the pertinent spaces
above. The withdrawal must be conformed to by more than one-half of
NEXT STEPS? SECRETARY OF LUPON,
the total number of members of the Lupon including the Punong
SHALL PREPARE A NOTICE Barangay and the member concerned.
TO CONSTITUTE THE
LUPON USING KP FORM 1.
KP FORM # 7: COMPLAINANT’S FORM
12 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 89
KP FORM # 6: WITHDRAWAL OF APPOINTMENT KP FORM # 1: NOTICE TO CONSTITUTE THE LUPON
88 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 13
YOU MEAN, ANY MEMBER OF MY KP FORM # 5: LUPON MEMBER OATH STATEMENT
BARANGAY CAN PROTEST OR
RECOMMEND SOMEBODY FROM THE
Republic of the Philippines
BARANGAY? Province of __________
YES, KAPITANA. AND TEN DAYS AFTER THE
CITY/MUNICIPALITY OF ______________
Barangay _________________
LAST DAY OF POSTING, YOU
OFFICE OF THE PUNONG BARANGAY
SHALL PUT IN WRITING
YOUR APPOINTMENT OF
YOUR LUPON MEMBERS OATH OF OFFICE
USING KP FORM 2, DULY SIGNED BY THE
Pursuant to Chapter 7, Title One, Book II, Local Government Code of
PUNONG BARANGAY AND ATTESTED BY THE
1991 (Republic Act No. 7160), I _______________, being duly
BARANGAY SECRETARY. qualified and having been duly appointed MEMBER of the Lupong
KP FORM # 2: APPOINTMENT LETTER 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
Republic of the Philippines
Province of __________ Pangkat ng Tagapagkasundo in which I may be chosen to serve; that I
CITY/MUNICIPALITY OF ______________ will bear true faith and allegiance to the Republic of the Philippines;
Barangay _________________ that I will support and defend its Constitution and obey the laws, legal
OFFICE OF THE PUNONG BARANGAY orders and decrees promulgated by its duly constituted authorities; and
______ , 20__
that I voluntarily impose upon myself this obligation without any
(Date) mental reservation or purpose of evasion.
APPOINTMENT
SO HELP ME GOD. (In case of affirmation the last sentence will be
TO: ___________ omitted.)
Pursuant to Chapter 7, Title One, Book III, Local Government Code of 1991 _____________
(Republic Act No. 7160), you are hereby appointed MEMBER of the Member
Lupong Tagapamayapa of this Barangay effective upon taking your oath of
office and until a new Lupon is constituted on the third year following your SUBSCRIBED AND SWORN to (or AFFIRMED) before me this
appointment.
_____ day of __________, 20____.
_________________ __________________
Punong Barangay Punong Barangay
ATTESTED:
________________
Barangay Secretary
14 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 87
KP FORM # 4: LIST OF APPOINTED LUPON MEMBERS KP FORM # 5: LUPON MEMBER OATH STATEMENT
_________, 20 ____ Pursuant to Chapter 7, Title One, Book II, Local Government Code of 1991
(Date) (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
LIST OF APPOINTED LUPON MEMBERS 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
Listed hereunder are the duly appointed members of the Lupong may be chosen to serve; that I will bear true faith and allegiance to the
Tagapamayapa in this Barangay who shall serve as such upon taking 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
their oath of office and until a new Lupon is constituted on the third authorities; and that I voluntarily impose upon myself this obligation without
year following their appointment. any mental reservation or purpose of evasion.
1. _________________ 11. _________________
2. _________________ 12. _________________ SO HELP ME GOD. (In case of affirmation the last sentence will be omitted.)
_____________
3. _________________ 13. _________________ Member
4. _________________ 14. _________________
5. _________________ 15. _________________ SUBSCRIBED AND SWORN to (or AFFIRMED) before me this _____ day
6. _________________ 16. _________________ of __________, 20____.
7. _________________ 17. _________________
__________________
8. _________________ 18. _________________ Punong Barangay
9. _________________ 19. _________________
10. _________________ 20. _________________
AFTER THEIR THE LIST OF APPOINTED
_______________ OATH TO OFFICE,
Punong Barangay LUPON MEMBERS SHALL
WHAT WILL I BE POSTED IN THREE
ATTESTED: DO NEXT? STRATEGIC AND HIGHLY
______________________ VISIBLE PLACES IN
Barangay/Lupon Secretary
SIX STEPS TO CONSTITUTE THE BARANGAY.
IMPORTANT: The list shall be posted in three (3) conspicuous places THE LUPON
in the barangay for the duration of the terms of office of those named
above.
STEP 1: Determining the actual number
WARNING: Tearing or defacing this notice shall be subject to of Lupon Members
punishment according to law. STEP 2: Preparing a notice to constitute the Lupon
STEP 3: Posting the notice to constitute the Lupon
STEP 4: Appointment of Lupon Members
STEP 5: Oath taking of Lupon members
STEP 6: Posting
86 A HANDBOOK
KP FORM # 3: NOTICE OF APPOINTMENT
WHAT IS THE UPON APPOINTMENT, EACH
TERM OF OFFICE LUPON MEMBER SHALL SERVE Republic of the Philippines
OF EACH LUPON FOR THREE (3) YEARS UNLESS Province of __________
MEMBER? TERMINATED BY DEATH, CITY/MUNICIPALITY OF ______________
RESIGNATION, TRANSFER OF Barangay _________________
OFFICE OF THE PUNONG BARANGAY
RESIDENCE OR PLACE OF WORK,
OR WITHDRAWAL OF _________, 20 ____
APPOINTMENT BY THE PUNONG (Date)
BARANGAY. HOWEVER, THE
WITHDRAWAL SHOULD BE NOTICE OF APPOINTMENT
CONCURRED WITH A MAJORITY
_________________
OF ALL THE MEMBERS OF
_________________
LUPON. (SEE KP FORM 6) _________________
Sir/Madam:
ARE THE LUPON THE LUPON MEMBERS SHALL
Please be informed that you have been appointed by the Punong
MEMBERS SERVE WITHOUT ANY
Barangay as a MEMBER OF THE LUPONG TAGAPAMAYAPA,
ENTITLED TO COMPENSATION. IF THE effective upon taking your oath of office, and until a new Lupon is
SOME BARANGAY HAS ENOUGH constituted on the third year following your appointment. You may
COMPENSATION? FUNDS, WE CAN ALWAYS GIVE take your oath of office before the Punong Barangay on ________.
DO THEY HAVE HONORARIA TO LUPON
BENEFITS DUE MEMBERS WHO HAVE
Very truly yours,
TO THEM? PARTICIPATED IN THE
________________
RESOLUTION OF A PARTICULAR Barangay Secretary
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 K A TA R U N G A N G PA M B A R A N G AY 85
recommend to me other persons not included in the list but not later KP FORM # 6: WITHDRAWAL OF APPOINTMENT
than the ________ day of _______, 20__ (the last day for posting this
notice). Republic of the Philippines
Province of __________
_________________ CITY/MUNICIPALITY OF ______________
Punong Barangay Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
IMPORTANT: This notice is required to be posted in three (3)
conspicuous places in the barangay for at least three (3) weeks ______ , 20__
(Date)
After due hearing and with the concurrence of a majority of all the Lupong
KP FORM # 2: APPOINTMENT LETTER Tagapamayapa members of this Barangay, your appointment as member
thereof is hereby withdrawn effective upon receipt hereof, on the following
ground/s:
Republic of the Philippines [] incapacity to discharge the duties of your office as shown by
Province of __________ _______________________________
CITY/MUNICIPALITY OF ______________ [] unsuitability by reason of _______________________________
Barangay _________________ (Check whichever is applicable and detail or specify the act/s or
OFFICE OF THE PUNONG BARANGAY omission/s constituting the ground/s for withdrawal.)
__________________ NOTE:
Punong Barangay The members of the Lupon conforming to the withdrawal must personally
affix their signatures or thumb marks on the pertinent spaces above. The
ATTESTED: withdrawal must be conformed to by more than one-half of the total number
__________________ of members of the Lupon including the Punong Barangay and the member
Barangay Secretary concerned.
84 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 17
KP FORM # 1: NOTICE TO CONSTITUTE THE LUPON
GOOD TO
HEAR!… WE CAN ALWAYS ASK
Republic of the Philippines
AT LEAST THE MUNICIPAL
Province of __________
THEIR GOVERNMENT FOR SOME CITY/MUNICIPALITY OF ______________
COMMIT- ALLOCATION REGARDING Barangay _________________
MENT AND SERVICES ARE THE OPERATIONS OF OFFICE OF THE PUNONG BARANGAY
MORE OR LESS COMPEN- LUPON AND INCLUDE
_________, 20__
SATED. WHERE CAN WE IT IN ITS
OPERATIONS ASIDE To All Barangay Members and All Other Persons Concerned:
FROM BARANGAY FUNDS?
In compliance with Section 1(a), Chapter 7, Title One, Book III, Local
Government Code of 1991 (Republic Act No. 7160), of the
Katarungang Pambarangay Law, notice is hereby given to constitute
BACK TO MY ROLE AS A INDEED, YOUR ROLE AS the Lupong Tagapamayapa of this Barangay. The persons I am
CHAIRPERSON OF LUPON, ARE CHAIRPERSON OF LUPON IS considering for appointment are the following:
THERE ANY SPECIFIC VERY CRUCIAL. HOWEVER, WE
FUNCTIONS RELATED TO CAN DISCUSS IT AS WE GO 1. _________________ 13. _________________
ADMINISTERING BARANGAY ALONG WITH THE DIFFERENT 2. _________________ 14. _________________
3. _________________ 15. _________________
JUSTICE? WAYS OF RESOLVING
4. _________________ 16. _________________
DISPUTES OR CONFLICTS IN 5. _________________ 17. _________________
YOUR BARANGAY… 6. _________________ 18. _________________
7. _________________ 19. _________________
HOW CAN I INVOLVE MY WELL, THE SANGGUNIANG 8. _________________ 20. _________________
9. _________________ 21. _________________
SANGGUNIANG BARANGAY HAS THE DUTY TO
10. _________________ 22. _________________
BARANGAY IN PROVIDE THE ADMINIS- 11. _________________ 23. _________________
BARANGAY JUSTICE TRATIVE NEEDS OF THE 12. _________________ 24. _________________
ADMINISTRATION? LUPONG TAGAPAMAYAPA 25. _________________
AND THE PANGKAT
TAGAPAGKASUNDO BY They have been chosen on the basis of their suitability for the task of
conciliation considering their integrity, impartiality, independence of
ALLOCATING FUNDS
mind, sense of fairness and reputation for probity in view of their age,
FROM THE INTERNAL social standing in the community, tact, patience, resourcefulness,
REVENUE ALLOTMENT flexibility, open mindedness and other relevant factors. The law
FOR THE KATARUNGANG provides that only those actually residing or working in the barangay
PAMBARANGAY. who are not expressly disqualified by law are qualified to be appointed
as Lupon members.
18 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 83
OK , NOW PLEASE TELL ME
HAVE YOUR COFFEE, FIRST
WHAT IS THE FIRST STEP
AND YOUR MANANG
OF RESOLVING
SOLING IS PREPARING
CONFLICT OR
BOILED SWEET POTATOES
DISPUTE IN MY
AND SABA
BARANGAY?
FOR US…
K A TA R U N G A N G PA M B A R A N G AY 19
REALLY? THANKS YES, KAPITAN.
FOR THE COMPLI- WHAT
THIS SABA IS MENTS! WHAT WOULD I
SO SWEET. IS YOUR DO IF
QUESTION THERE
AGAIN? WILL BE
CASES PRESENTED
TO ME IN THE
BARANGAY? HOW
CAN I HELP IN
RESOLVING IT?
C H A P T E R T W O
K A TA R U N G A N G PA M B A R A N G AY 21
CASES UNDER KATARUNGANG PAMBARANGAY
22 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 79
THE AWARDS COMMITTEE FIRST SERVES AS
THE TEAM OF EVALUATORS; AS SUCH IT WILL DISCOVERING SECRETS THROUGH SEIZURE AND
RATE THE LUPON ACCORDING TO THE CORRESPONDENCE (ART. 290);
ABOVEMENTIONED CRITERIA GUIDED BY A REVEALING SECRETS WITH ABUSE OF AUTHORITY (ART.
RATING SCALE ALSO PROVIDED FOR. 291);
THEFT (IF THE VALUE OF THE PROPERTY STOLEN DOES NOT
EXCEED P50.00). (ART. 309);
AND THEY WILL SELECT THE TOP FOUR (4) QUALIFIED THEFT (IF THE AMOUNT DOES NOT EXCEED
LUPONS AS NATIONAL AWARDEES WHICH P500). (ART. 310);
INCLUDE THE: OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL
RIGHTS IN PROPERTY (ART 312);
X LUPON TAGAPAMAYAPA IN HIGHLY ALTERING BOUNDARIES OR LANDMARKS (ART. 313);
URBANIZED CITIES; SWINDLING OR ESTAFA (IF THE AMOUNT DOES NOT
EXCEED P200.00). (ART. 315);
X LUPON TAGAPAMAYAPA IN OTHER FORMS OF SWINDLING (ART. 316);
COMPONENT CITIES; SWINDLING A MINOR (ART. 317);
OTHER DECEITS (ART. 318);
X LUPONG TAGAPAMAYAPA IN 1ST TO REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY
3RD CLASS MUNICIPALITIES AND (ART. 319);
SPECIAL CASES OF MALICIOUS MISCHIEF (IF THE VALUE OF
X LUPONG TAGAPAMAYAPA IN 4TH TO THE DAMAGED PROPERTY DOES NOT EXCEED P1,000.00).
78 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 23
MY GOODNESS! THAT‛S A LOT! WHAT OTHER WHAT IS THE SECOND CRITERIA?
CASES ARE EXEMPTED IN KATARUNGANG
PAMBARANGAY ASIDE FROM THAT OF A THE RESOURCEFULNESS OR
JURIDICAL PERSON OR CORPORATION? CREATIVITY OF THE
CONCILIATORS OR MEDIATORS.
OFFENSES INVOLVING
OH I SEE. I JUST WONDER HOW
GOVERNMENT ENTITY;
CAN THEY EVALUATE THIS? I
PENALTY OF 1 YEAR AND EXCEEDING FINE FIVE THEIR BASIS IN APPLYING THE
MUNICIPALITIES, DISPUTES THAT NEED URGENT THE MEDIATORS OR CONCILIATORS AND THE COORDINATION
LEGAL ACTION, LABOR DISPUTES, LAND DISPUTES MADE WITH APPROPRIATE AGENCIES LIKE THE PHILIPPINE
AND ACTION TO ANNUL A JUDGMENT UPON A NATIONAL POLICE OR THE MUNICIPAL TRIAL COURT.
COMPROMISE.
WHAT IS THE THIRD AND LAST CRITERIA?
WHAT WILL BE THE FIRST STEP IN MEDIATING CASES? THE LAST CRITERIA IS CENTERED ON THE EFFECTIVENESS OF
THE LUPON IN ACHIEVING KP OBJECTIVES. THIS IS
OK. THE COMPLAINANT, WITH THE HELP OF YOUR MEASURABLE THROUGH THE NUMBER OF CASES
SECRETARY, WILL FILL UP KP FORM 7. A MINIMAL REPUDIATED IN RELATION TO THE
FILING FEE IS BEING CHARGED AND NUMBER OF CASES SETTLED
PAID TO THE BARANGAY TREASURER. AND THE NON-RECURRENCE
OF THE CASES SETTLED.
IT IS ALSO VERY IMPORTANT TO
NOTE THAT NO INDIVIDUAL CAN WHO WILL EVALUATE US?
GO DIRECTLY TO COURT OR ANY HOW WILL THEY RATE THE
GOVERNMENT OFFICE FOR PERFORMANCE OF OUR LUPON?
ADJUDICATION OF HIS/HER
DISPUTE WITH ANOTHER THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
INDIVIDUAL ESPECIALLY IF THE (DILG) IS TASKED TO ORGANIZE THE LUPON TAGAPAMAYAPA
MATTER IS WITHIN YOUR AWARDS COMMITTEE FROM THE MUNICIPAL, PROVINCIAL,
JURISDICTION. REGIONAL TO THE NATIONAL LEVEL.
24 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 77
KP FORM # 7: COMPLAINANT’S FORM
...OBSERVANCE OF THE SETTLEMENT PROCEDURES WHICH
Republic of the Philippines
REFERS TO THE SETTLEMENT OF CASES BEFORE THE Province of __________
LUPON IN THE ACCORDANCE WITH THE PRESCRIBED CITY/MUNICIPALITY OF ______________
PROCEDURES AND THIS INCLUDES THE PROPER Barangay _________________
COMPLAINT
ALSO THE EVALUATORS WILL LOOK
I/WE hereby complain against above named respondent/s for violating my/our
INTO THE RECORD KEEPING SYSTEM rights and interests in the following manner:
OF THE LUPON WHICH INCLUDE THE ________________________________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________________________________________________________________
RECORDS OF ALL THE COMPLAINTS
_________________________________________________________________________________________________________________________________________________________________________________________
BROUGHT AND FILED, SETTLED _________________________________________________________________________________________________________________________________________________________________________________________
AND/OR RESOLVED BY THE LUPON __________________________________
AND PROPER AND SYSTEMATIC THEREFORE, I/WE pray that the following relief/s be granted to me/us in
FILING AND KEEPING OF THE accordance with law and/or equity:
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
DOCUMENTS SUBMITTED BY THE _________________________________________________________________________________________________________________________________________________________________________________________
LUPON TO OTHER AGENCIES FOR _________________________________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________________________________________________________________
COMPLIANCE OR FOR ANY __________________________________
APPROPRIATE ACTION.
Made this _______ day of ___________, 19____.
ARBITRATION AWARDS TO THE COURT AND OTHER Received and filed this ________ day of __________, 19____.
CONCERNED AGENCIES; AND THE NUMBER OF REGULAR
____________________________
MEETINGS CONDUCTED BY THE LUPON TO PROVIDE A Punong Barangay/Lupon Chairman
FORUM FOR THE EXCHANGE OF IDEAS AMONG ITS
MEMBERS AND THE PUBLIC.
76 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 25
YOU MEAN, THE CONCERNED YES, EXCEPT WHEN THE
PARTIES MUST GO THROUGH PARTIES PERSONALLY HAVE YOU HEARD ABOUT THE
THE KATARUNGANG CONFRONTED EACH OTHER ANNUAL SEARCH FOR THE YES, BUT HOW
PAMBARANGAY? AND SETTLE THEIR DISPUTE. OUTSTANDING LUPONG DO WE ENTER
BUT IF NOT, THEY SHOULD TAGAPAMAYAPA? THE SELECTION
GO THROUGH THE PROCESS?
CONCILIATORY PROCEEDINGS
OR ELSE THE COURTS CAN
SIMPLY DISMISS FOR LACK
OF CAUSE OF ACTION OR
PREMATURITY.
____________________________
WELL, THE STATE COLLEGES Punong Barangay/Lupon Chairman
AND UNIVERSITIES Notified this ________ day of __________, 19____.
CONCERNED ARE REQUIRED
I SEE. SO, MARIA, YOU complainant/s
TO INCORPORATE IN THEIR
BETTER HURRY AND SEE _______________
RESPECTIVE BUDGET _______________
IF THE NEAREST COLLEGE
PROGRAM THE NECESSARY
HERE IN OUR PLACE HAS A
FUNDS TO SUPPORT THE
SCHOLARSHIP PROGRAM
EXPENSES OF THE WHAT IF ANY OF THE PARTIES FAILED TO APPEAR?
UNDER CHED ORDER # 62
BENEFICIARIES AS
AND BRING THIS LIST OF
PROVIDED FOR IN CHED IF THE COMPLAINANT CANNOT APPEAR BEFORE YOU
REQUIREMENTS WITH
ORDER # 62. WITHOUT JUSTIFIABLE CAUSE, HIS/HER
YOU.
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.
74 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 27
KP FORM # 9: SUMMON FOR THE RESPONDENT ARE THERE ANY CONDITIONS FOR
THE ASSISTANCE?
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________ THE GRANTEE OR THE LUPON CHILD WILL CARRY
OFFICE OF THE LUPONG TAGAPAMAYAPA A FULL SEMESTRAL LOAD EVERY SEMESTER,
FINISH HIS/HER COURSE IN THE PRESCRIBED
___________________ Barangay Case No. ________________
___________________ For: ____________________________ DURATION AND WILL JUST MAINTAIN AT LEAST
Complainant/s A PASSING GRADE IN ALL HIS/HER SUBJECTS.
________________________________
________________________________
THERE ARE OTHER CONDITIONS.
— against —
__________________
__________________ THE APPLICANT MUST NOT BE
Respondent/s ENJOYING ANY STUDY
SUMMONS GRANT AT THE TIME OF
APPLICATION.
TO: ____________________ _________________________
____________________ _________________________
Respondents ONLY TWO CHILDREN OF THE
LUPON MEMBER ARE ALLOWED
You are hereby summoned to appear before me in person, together with your
witnesses, on the _______ day of _________, 19___ at ____________ FOR A GIVEN TERM.
o’clock in the morning/afternoon, then and there to answer to a complaint
made before me, copy of which is attached hereto, for mediation/conciliation
of your dispute with complainant/s.
You are hereby warned that if you refuse or willfully fail to appear in
obedience to this summons, you may be barred from filing any counterclaim CAN SHE ALSO SHIFT COURSE?
arising from said complaint.
28 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 73
SOLUTION WITHIN 15 DAYS. IF THE RESPONDENT DOES NOT
I SEE. WHO ARE NOW QUALIFIED TO BE
APPEAR, THE CASE WILL BE REFERRED TO THE PANGKAT
SCHOLARS UNDER THIS PROGRAM? WHAT
TAPAGPAGKASUNDO.
ARE THE CONDITIONS IN ORDER TO
QUALIFY IN THE PROGRAM? KP FORM # 9: BACK PAGE
OFFICER’S RETURN
_____________
SO WHAT ARE THE REQUIRED DOCUMENTS?
Officer
___________________ __________________
X A CERTIFICATION FROM THE OFFICE OF THE MAYOR Signature Date
___________________ __________________
THAT THE APPLICANT IS A CHILD OF THE Signature Date
BARANGAY OFFICIAL,
X BIRTH CERTIFICATE, HIGH SCHOOL REPORT
CARD,
NOW, BEFORE I ASK FURTHER ON THE PANGKAT, AS
ENTRANCE EXAMS RESULT,
THE PUNONG BARANGAY, WHAT WILL I DO IN
X
INCOME TAX RETURN, AND
HANDLING THEIR CASES PROPERLY?
X
X A CERTIFICATE OF GOOD MORAL
CHARACTER FROM THE PRINCIPAL OR
BEFORE THE ACTUAL MEDIATION, IT
GUIDANCE COUNCILOR.
IS NECESSARY FOR YOU TO KNOW
THE PARTIES INVOLVED AND THEIR
DIFFERENCES.
72 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 29
THEN, WHAT WILL I DO? IS THERE A C H A P T E R O N E
SET OF RULES TO BE FOLLOWED?
SCHOLARSHIP
IT IS VERY IMPORTANT TO EXPLAIN THE
PROCESS AND OBJECTIVES OF THE
MEDIATION AND THE RULES TO BE
OBSERVED DURING THE MEDIATION. GOOD
MORNING, GOOD MORNING, KAPITANA CELIA.
IT IS BETTER IF YOU KAPITAN WHAT CAN I DO FOR YOU?
COULD START THE PEDRING.
WHOLE PROCESS WITH
A PRAYER… GIVE EACH
THIS IS MARIA. SHE IS A
PARTY TIME TO
DAUGHTER OF AN ACTIVE LUPON
EXPLAIN THEIR SIDE
MEMBER IN MY BARANGAY. SHE
WITHOUT INTERRUPTION FROM THE
WILL BE ENTERING COLLEGE NEXT
OTHER PARTY. ASK QUESTIONS AND
YEAR AND SHE IS A CONSISTENT
INVOLVE BOTH PARTIES IN LOOKING
HONOR STUDENT. YOU TOLD ME
FOR THE SOLUTION OF THEIR DISPUTES.
LAST TIME THAT THERE IS A SCHOLARSHIP PROGRAM FOR
THE LEGITIMATE DEPENDENTS OF LUPON MEMBERS.
IT SEEMS IT IS A VERY TEDIOUS WOULD THERE BE
TO BE SO PROCESS THAT NEEDS A ANY CHANCE THAT
EASY… GREAT DEAL OF RESPECT MARIA QUALIFIES
AND LISTENING. FOR THE PROGRAM?
REMEMBER YOU ARE A NOT A JUDGE
BUT A MEDIATOR…LET BOTH PARTIES
FIND A SOLUTION TO THEIR DISPUTE.
30 A HANDBOOK
KP FORM # 16: AMICABLE SETTLEMENT
__________________
__________________
Respondent/s
AMICABLE SETTLEMENT
and bind ourselves to comply honestly and faithfully with the above terms of
settlement.
Entered into this ______ day of __________, 19_______.
Complainant/s Respondent/s
___________________ __________________
___________________ __________________
ATTESTATION
I hereby certify that the foregoing amicable settlement was entered into by the
parties freely and voluntarily, after I had explained to them the nature and
consequence of such settlement.
______________________________
Punong Barangay/Pangkat Chairman
K A TA R U N G A N G PA M B A R A N G AY 31
WHAT IF ANY OF IN THAT CASE, ANY
DISPUTANT WAS FORCED PARTY CAN PROTEST THE
TO COME UP WITH THE SETTLEMENT WITHIN
SETTLEMENT 10 DAYS. FOR
THROUGH FRAUD, AFTER 10 DAYS,
THREAT OR THE SETTLEMENT
INTIMIDATION? WILL TAKE
EFFECT.
BENEFITS,
CONCILIATORS KNOWN
AND RESPECTED BY BOTH
PARTIES…IN THE CODE,
WE CALL THIS PANGKAT
TAGAPAGKASUNDO. INCENTIVES
AND AWARDS
32 A HANDBOOK
COUNCIL, THE KATARUNGANG PAMBARANGAY SYSTEM AND C H A P T E R T H R E E
EVEN A PROVINCIALLY-CREATED TASK FORCE KALILINTAD.
C O N C I L I A T I O N THROUGH THE
ARE THESE LOCAL DISPUTE SETTLEMENT STRUCTURES PANGKAT TAGAPAGSUNDO
OR MECHANISMS EXISTING IN THE ARMM PRESCRIBED
FOR BY OUR NATIONAL LEGAL FRAMEWORK?
YES, THE 1987 CONSTITUTION RECOGNIZES KAP, WHAT IF, I HAVE DONE
MY BEST IN MEDIATION YET NO! THE PARTIES
AND PROMOTES THE RIGHTS OF INDIGENOUS
THE PARTIES HAVE NOT STILL HAVE TO GO TO
CULTURAL COMMUNITIES WITHIN THE
COME TO AN AMICABLE THE CONCILIATION
FRAMEWORK OF NATIONAL UNITY AND
SETTLEMENT. CAN PROCEEDINGS.
DEVELOPMENT. IT HAS ALSO PROVIDED FOR THE
ENACTMENT OF AN ORGANIC ACT FOR THE ARMM. THE THEY NOW ELE-
ENACTED ORGANIC ACT HAS RECOGNIZED, PROTECTED VATE THE CASE
AND GUARANTEED THE FREE EXERCISE OF RELIGIONS, TO THE
BELIEFS, CUSTOMS AND TRADITIONS OF ANY PEOPLE. IT COURT?
EVEN MANDATED THE REGIONAL LEGISLATIVE ASSEMBLY
TO PROVIDE FOR THE CODIFICATION OF INDIGENOUS
LAWS AND COMPILATION OF CUSTOMARY LAWS OF THE
YOU, AS THE PUNONG BARANGAY WILL
MUSLIMS AND INDIGENOUS CULTURAL COMMUNITIES IN WHAT IS THE CONSTITUTE
THE ARMM. PROCESS OF THE PANGKAT NG
CONCILIATION? TAGPAGSUNDO
THIS IS QUITE A WITHIN 15 DAYS
68 A HANDBOOK
CONCILIATION IS MERELY INTERVENING BETWEEN TWO OR
MORE CONTENDING PARTIES IN ORDER TO PREVENT OR PUT AN HOW HAS THE INDIGENOUS MODE OF DISPUTE
END TO DISPUTE WITHOUT AN AGREEMENT TO ABIDE BY THE SETTLEMENT IN THE ARMM TAKEN FORM?
DECISION OF THE CONCILIATOR.
IT HAS TAKEN DIFFERENT FORMS DEPENDING ON THE
WHO CAN BE MEMBERS OF THE PANGKAT? COMMUNITY PRACTICE OF THE INDIGENOUS JUSTICE
STRUCTURE. IN THE MUNICIPALITY OF UPI, THE LOCAL
THE THREE MEMBERS SHALL COME FROM GOVERNMENT UNIT RECOGNIZED THE EXISTENCE OF
THE LUPON AND WILL BE CHOSEN BY THREE (3) DIFFERENT TRIBAL OR ETHNO-LINGUISTIC
BOTH PARTIES , THE COMPLAINANT AND GROUPINGS OF MUSLIMS, TEDURAYS AND THE
THE RESPONDENT. CHRISTIAN SETTLERS. FROM THIS TRI-PEOPLE CONCEPT
AROSE A DISTINCT
KP FORM # 10: NOTICE FOR CONSTITUTION OF PANGKAT INDIGENOUS DISPUTE
SETTLEMENT GROUP AT
Republic of the Philippines THE MUNICIPAL LEVEL
CALLED THE MAYOR‛S
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________ COUNCIL. ITS
OFFICE OF THE PUNONG BARANGAY MEMBERSHIP COMES FROM
A REPRESENTATIVE GROUP
NOTICE FOR CONSTITUTION OF PANGKAT
OF THE RESPECTIVE TRIBE‛S LEADERS OF KNOWN
TO: __________________ ____________________ LEADERSHIP AND INTEGRITY. IT WAS CREATED TO HELP
__________________ ____________________
Complainant/s Respondent/s THE KATARUNGANG PAMBARANGAY SYSTEM IN DISPUTE
SETTLEMENT.
You are hereby required to appear before me on the ______ day of
_________, 19____, at ________ o’clock in the morning/afternoon for the
constitution of the Pangkat ng Tagapagkasundo which shall conciliate your
dispute. Should you fail to agree on the Pangkat membership or to appear on IN OTHER AREAS OF THE ARMM WHERE MOST OF
THE INHABITANTS ARE MUSLIMS, HOW DID THE
the aforesaid date for the constitution of the Pangkat, I shall determine the
membership thereof by drawing lots.
This ________ day of ____________, 19_____. INDIGENOUS DISPUTE SETTLEMENT STRUCTURE
TAKE FORM?
____________________
Punong Barangay THE INDIGENOUS DISPUTE SETTLEMENT GROUP
Notified this _________ day of _________, 19_____. FROM ONE LOCAL GOVERNMENT UNIT TO ANOTHER HAS
EVOLVED DISTINCTLY. THE MORE COMMON STRUCTURE TOOK
TO: __________________ ____________________
_________________ ____________________ ITS FORM FROM THE TRADITIONAL LEADERSHIP STRUCTURE
Complainant/s Respondent/s OF SULTANANTES, DATUSHIPS, AND OTHER ISLAMIC AND PRE-
ISLAMIC INSTITUTIONS. HOWEVER, THE PRESENT-DAY
DISPUTE SETTLEMENT GROUPS HAVE BEEN INSPIRED FROM
INTERFACING THE TRADITIONAL JUSTICE STRUCTURES WITH
THE LGU-MANDATED BODIES SUCH AS THE PEACE AND ORDER
34 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 67
KP FORM # 11: NOTICE TO CHOSEN PANGKAT MEMBER
2. WHERE ONE OF THE PARTIES IS A NOT A MEMBER
Republic of the Philippines
OF THE TRIBAL COMMUNITY OR DOES BELONG TO THE Province of __________
SAME INDIGENOUS CULTURAL COMMUNITY EXCEPT CITY/MUNICIPALITY OF ______________
WHEN HE VOLUNTARILY SUBMITS TO THE Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
JURISDICTION OF THE COUNCIL OF ELDERS/LEADERS;
___________________ Barangay Case No. ________________
3. WHERE THE RELIEF SOUGHT FOR IN THE COMPLAINT
___________________ For: ____________________________
Complainant/s
OR PETITION SEEKS TO PREVENT ANY GRAVE, ________________________________
________________________________
IMMINENT AND IRREPARABLE DAMAGE OR INJURY
THAT MAY RESULT IF NOT ACTED IMMEDIATELY; AND — against —
__________________
4. WHERE THE COUNCIL OF ELDERS/LEADERS REFUSE TO __________________
ISSUE THE NECESSARY CERTIFICATION WITHOUT Respondent/s
(Date)
GOVERNMENT CODE OF 1991 AND THE Notice is hereby given that you have been chosen member of the Pangkat ng
INDIGENOUS PEOPLES RIGHTS ACT OF 1998 Tagapagkasundo amicably conciliate the dispute between the par in the above-
entitled case.
ON INDIGENOUS MODES OF DISPUTE ____________________________
SETTLEMENT APPLICABLE IN THE Punong Barangay/Lupon Secretary
AUTONOMOUS REGION IN MUSLIM Received this ________ day of __________, 19_____.
MINDANAO?
________________
Pangkat Member
66 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 35
AFTER THE PANGKAT MEMBERS HAVE BEEN IS THERE A REQUIRED FORM FOR THE SAID CERTIFICATION?
CHOSEN, WHAT WILL THEY DO?
NONE, THE CERTIFICATION MAY BE IN ANY FORM SO LONG AS
THEY SHALL ELECT FROM AMONG IT STATES IN SUBSTANCE THE FAILURE OF SETTLEMENT
THEMSELVES A CHAIRPERSON NOTWITHSTANDING THE EFFORTS MADE UNDER CUSTOMARY
AND A SECRETARY. THE LUPON LAWS OR TRADITIONAL PRACTICES. THIS IS ALLOWED IN
SECRETARY SHALL GIVE/TURN GIVING DUE REGARD TO CUSTOMARY LAWS.
OVER ALL RECORDS OF THE CASE
TO THE PANGKAT SECRETARY FOR THE FAILURE OF ANY PARTY
THE PANGKAT TO STUDY. TO SUBMIT THE
WHAT IF NO CERTIFICATION FROM THE
SIMILAR TO THE MEMBERSHIP OF CERTIFICATION COUNCIL OF DATUS,
LUPON, CAN WE ALSO DISQUALIFY FROM THE INDI- ELDERS, TRIBAL LEADERS
UNFIT MEMBER/S OF THE PANGKAT? GENOUS DISPUTE OR SIMILAR LEADERS SHALL
SETTLEMENT BE A GROUND FOR THE
RELATIONSHIP, BIAS, INTEREST OF OTHER SIMILAR GROUP IS SUB- DISMISSAL OF ACTION,
GROUNDS DISCOVERED AFTER THE CONSTITUTION OF MITTED TO NCIP? WHICH SHALL BE WITHOUT
PANGKAT CAN BE GROUNDS FOR DISQUALIFICATION OF PREJUDICE TO THE RE-
PANGKAT MEMBER. THE PANGKAT SHALL RESOLVE THE FILING OF THE CASE.
MATTER BY A MAJORITY VOTE. ITS DECISION ON THIS
MATTER IS FINAL.
36 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 65
HOW WILL THE NCIP KNOW THAT THE DISPUTE OH! THIS IS CLEARER TO ME NOW. BUT DURING
SUBMITTED BEFORE THEM HAS EXHAUSTED ALL THE FIRST MEETING, WHAT IS THE IMMEDIATE
REMEDIES PROVIDED FOR BY THE IP CUSTOMARY GOAL AND HOW DOES THE PANGKAT PROCEED
LAWS? WITH ITS TASKS?
A CERTIFICATION ISSUED BY THE COUNCIL OF ELDERS, DATUS, THE PANGKAT SHALL MEET TO HEAR BOTH PARTIES,
TRIBAL LEADERS OR SIMILAR LEADERS WHO PARTICIPATED IN EXPLORE POSSIBILITIES FOR AMICABLE SETTLEMENT
THE ATTEMPT TO SETTLE THE DISPUTE SHALL BE WITHIN 15 DAYS WHICH CAN BE EXTENDED FOR
PRESENTED STATING THAT SETTLEMENT HAS ANOTHER 15 DAYS IN A MERITORIOUS CASE AND
FAILED BETWEEN OR AMONG THE PARTIES TO THE ISSUE SUBPOENA OF WITNESSES WHENEVER NECESSARY.
DISPUTE. THIS CERTIFICATION SHALL BE A
CONDITION PRECEDENT TO THE FILING OF A KP FORM # 13: SUBPOENA LETTER
PETITION WITH THE NCIP.
Republic of the Philippines
Province of __________
WHAT IS THE EFFECT OF A DISPUTE BEING SETTLED AT CITY/MUNICIPALITY OF ______________
THIS LEVEL?
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
__________________
__________________
WHAT HAPPENS IF Respondent/s
NO SUCCESSFUL WHERE THE PARTIES FAIL TO SETTLE
THEIR DISPUTES, THE MEMBERS OF
SUBPOENA
DISPUTE
SETTLEMENT HAS THE INDIGENOUS DISPUTE TO: ____________________ _________________________
BEEN MADE? SETTLEMENT GROUP OR COUNCIL OF ____________________ _________________________
SIMILAR LEADERS SHALL ISSUE A You are hereby commanded to appear before me on the ______ day of
_________, 19___, at ___________ o’clock, then and there to testify in the
CERTIFICATION TO THE EFFECT hearing of the above-captioned case.
THAT ALL DILIGENT EFFORTS FOR
This ______ day of _________, 19____.
SETTLEMENT UNDER CUSTOMARY
PRACTICES FAILED. A _______________________________
Punong Barangay/Pangkat Chairman
CERTIFICATION TO FILE ACTION
(Cross out whichever one is not applicable).
BEFORE THE NCIP MAY ALSO BE
ISSUED BY THE SAME GROUP
UPON REQUEST OF THE PROPER PARTY.
64 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 37
BY THE WAY, WITH THE NO, IPRA EVEN RECOGNIZES
WHAT IF ANY OF THE PANGKAT CHAIRPERSON SHALL
ENACTMENT OF THE THAT THE INDIGENOUS
THE PARTY FAILS SET A DATE FOR THE ABSENT
INDIGENOUS PEOPLE‛S PEOPLES HAVE THE RIGHT TO
TO APPEAR BEFORE PARTY OR PARTIES TO
RIGHTS ACT (IPRA) OF 1998, USE THEIR OWN ACCEPTED
THE PANGKAT? APPEAR BEFORE HIM TO
HAS THIS PROCEDURE BEEN JUSTICE SYSTEMS, CONFLICT
EXPLAIN THE REASONS
AMENDED? RESOLUTION INSTITUTIONS,
FOR HIS/THEIR FAILURE
PEACE - BUILDING
TO APPEAR AT THE
PROCESSES OR
HEARING.
MECHANISMS
AND OTHER
CUSTOMARY
LAWS AND PRACTICES
WHAT IF IT WAS FOUND OUT THAT THEIR REASONS FOR NOT WITHIN THEIR RESPECTIVE
APPEARING BEFORE THE PANGKAT WAS UNREASONABLE? COMMUNITIES.
GOOD QUESTION; IF THE PANGKAT CHAIRPERSON FINDS AFTER BUT ARE THERE OTHER ASIDE FROM THE CUSTOMARY
HEARING THAT THE FAILURE TO APPEAR OF THE COMPLAINANT MECHANISMS OR LAWS AND TRADITIONS, THE
IS WITHOUT JUSTIFIABLE REASON, HE/SHE SHALL: STRUCTURES PROVIDED BY NATIONAL COMMISSION ON
THE IPRA LAW TO RESOLVE INDIGENOUS PEOPLES (NCIP)
DISPUTES? ALSO HAS JURISDICTION
1. DISMISS THE COMPLAIN
OVER DISPUTES WHICH
2. DIRECT THE ISSUANCE OF AND ATTEST TO
INVOLVE THE RIGHTS OF
THE CERTIFICATION TO BAR THE FILING
THE INDIGENOUS CULTURAL
OF ACTION IN COURT OR ANY
COMMUNITIES/INDIGENOUS
GOVERNMENT OFFICES
PEOPLES (ICCS/IPS).
3. APPLY WITH THE LOCAL TRIAL COURT
FOR PUNISHMENT OF THE RECALCITRANT
PARTY FOR THE INDIRECT CONTEMPT OF NO. THE LAW PROVIDES THAT
38 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 63
KP FORM # 18: NOTICE OF HEARING FOR COMPLAINANT
DOES THE SETTLEMENT HAVE THE SAME FORCE AND
EFFECT OF AN AMICABLE SETTLEMENT WITH Republic of the Philippines
KATARUNGANG PAMBARANGAY?
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
YES, THAT IS RIGHT. THE ATTESTED
SETTLEMENT UNDER THE LOCAL INDIGENOUS ___________________ Barangay Case No. ________________
___________________ For: ____________________________
SYSTEM SHALL HAVE THE SAME FORCE AND Complainant/s
EFFECT AS SETTLEMENT ARRIVED AT ________________________________
________________________________
THROUGH THE PROCEDURES UNDER THE — against —
KATARUNGANG PAMBARANGAY LAW.
__________________
__________________
Respondent/s
WHAT IF ONE OF THE JUST LIKE THE SETTLEMENT
PARTIES IS NOT SATISFIED OR ARBITRATION AWARD, NOTICE OF HEARING
WITH THE SETTLEMENT THE SETTLEMENT CAN BE (RE: FAILURE TO APPEAR)
MADE? REPUDIATED WITHIN THE
TO: ________________
SAME PERIOD AND THE SAME _______________
GROUNDS PROVIDED BY THE Complainant/s
KATARUNGANG PAMBARANGAY You are hereby required to appear before me/the Pangkat on the ______ day
LAW. of _________, 19____, at ________ o’clock in the morning/afternoon to
explain why you failed to appear for mediation/conciliation scheduled on
_____________, 19____ and why your complaint should not be dismissed, a
certificate to bar the filing of your action on court/government office should
not be issued, and contempt proceedings should not be initiated in court for
WHAT IF THE PARTIES THE COUNCIL WILL STILL willful failure or refusal to appear before the Punong Barangay/Pangkat ng
FAILED TO ARRIVE AT AN ISSUE A CERTIFICATE THAT Tagapagkasundo.
AMICABLE SETTLEMENT A SETTLEMENT HAS FAILED
This ________ day of ___________, 19____.
UNDER THE LOCAL AND TRANSMIT THE SAME _____________________________
INDIGENOUS SYSTEM? TO THE PUNONG BARANGAY.
Punong Barangay/Pangkat Chairman
(Cross out whichever is not applicable)
SO WHAT ARE THE DUTIES THE LUPON SECRETARY SHALL
Notified this _________ day of ________, 19_____.
OF LUPON SECRETARY WITH KEEP A FILE OF THE
RESPECT TO THE ATTESTED ATTESTED SETTLEMENT AND Complainant/s
CERTIFICATES OF NON-
__________________
SETTLEMENT AND __________________
CERTIFICATE OF NON- SETTLEMENT TRANSMITTED
SETTLEMENT UNDER THE TO THE PUNONG BARANGAY Respondent/s
__________________
LOCAL INDIGENOUS AND TRANSMIT EACH TO THE __________________
SETTLEMENT SYSTEM? PROPER LOCAL COURT.
62 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 39
KP FORM # 19: NOTICE OF HEARING FOR RESPONDENT
WHAT IF ONLY ONE OF THEN, THE PARTIES MUST
Republic of the Philippines THE DISPUTANT BELONGS AGREE UPON THE INDI-
Province of __________ TO ANOTHER TRIBAL GENOUS SYSTEM THEY
COMMUNITY, HOW CAN WOULD SUBMIT THEM-
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA WE SETTLE THIS? SELVES TO FOR AMICABLE
___________________ Barangay Case No. ________________ SETTLEMENT.
___________________ For: ____________________________
Complainant/s
________________________________
________________________________
— against —
__________________
__________________ WHAT IF THEY CANNOT THEN THAT IS THE TIME
Respondent/s
MUTUALLY AGREE ON THE WHEN THE SETTLEMENT
NOTICE OF HEARING SUBMISSION OF THE PROCEEDINGS PROVIDED
(RE: FAILURE TO APPEAR)
DISPUTE WITH THE FOR BY THE KATARUNGANG
TO: _______________ INDIGENOUS SYSTEM OF PAMBARANGAY SHALL
AMICABLE SETTLEMENT? BE APPLIED.
_______________
Respondent/s
You are hereby required to appear me/the Pangkat on the _______ day of
____________, 19____, at __________ o’clock in the morning/afternoon to
explain why you failed to appear for mediation/conciliation scheduled on
____________, 19___ and why your counterclaim (if any) arising from the
complaint should not be dismissed, a certificate to bar the filing of said
counterclaim in court/government office should not be issued, and contempt
proceedings should not be initiated in court for willful failure or refusal to
appear before the Punong Barangay/Pangkat ng Tagapagkasundo.
This ________ day of _________, 19_____. WHAT IF THE DISPUTE IS SETTLED SUCCESSFULLY
_____________________________ THROUGH THE LOCAL INDIGENOUS SYSTEM, DOES THE
Punong Barangay/Pangkat Chairman TRIBAL COUNCIL NEED TO INFORM ME?
(Cross out whichever is not applicable)
40 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 61
C H A P T E R F I V E
2. DIRECT THE ISSUANCE OF AND ATTEST TO THE
INDIGENOUS MODES CERTIFICATION TO BAR THE FILING OF RESPONDENT
COUNTERCLAIM IN COURT OR GOVERNMENT OFFICE.
OF DISPUTE RESOLUTION 3. TO BAR THE FILING OF RESPONDENT COUNTERCLAIM IN
COURT OR GOVERNMENT OFFICE
4. TO FILE COMPLAINANT‛S ACTION IN COURT OR ANY
KAP, SOME AREAS IN MY IN BARANGAYS, WHERE THE GOVERNMENT OFFICE AND FILL UP KP FORM 20
BARANGAY ARE PREDOMI- MAJORITY ARE FROM INDI-
MUSLIMS OR MORO ITIES, THE LOCAL SYSTEMS KP FORM # 20: CERTIFICATE TO FILE ACTION (FROM LUPON
PEOPLE, AND OTHERS BY OF SETTLING DISPUTES SECRETARY)
MECHANISM. HOWEVER, IN
OFFICE OF THE LUPONG TAGAPAMAYAPA
LAW TO
THEM? MUSLIM-DOMINATED BAR- ___________________ Barangay Case No. ________________
ANGAYS, THE LAWS OF
___________________ For: ____________________________
Complainant/s
SHARIAH APPLIES TO THEM. ________________________________
________________________________
THIS IS RECOGNIZED BY THE
WHAT ARE THE
LOCAL GOVERNMENT CODE. — against —
REQUIREMENTS
NEEDED? __________________
__________________
Respondent/s
K A TA R U N G A N G PA M B A R A N G AY 41
THE PANGKAT CHAIRPERSON SHALL APPLY, IN HOW MUCH TIME IS GIVEN TO ME TO HAND
SIMILAR MANNER, FOR THE PUNISHMENT OF A DOWN THE DECISION?
WITNESS WHO WILLFULLY FAILS OR REFUSES
TO APPEAR AS FOR INDIRECT CONTEMPT OF YOU SHALL BE GIVEN FIFTEEN 15 DAYS
COURT. BUT NOT EARLIER THAN SIX (6) DAYS FROM THE
DATE OF THE LAST HEARING, TO EVALUATE AND
KP FORM # 22: CERTIFICATION TO FILE ACTION ISSUE THE ARBITRATION AWARD AND AFTER THAT WITHIN
FIVE (5) DAYS, YOUR SECRETARY SHALL FURNISH A COPY OF
Republic of the Philippines THE ARBITRATION AWARD TO THE PARTIES; KEEP A FILE AT
Province of __________ THE LUPON OFFICE AND BE SURE TO FURNISH A COPY TO THE
CITY/MUNICIPALITY COURT.
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
___________________ Barangay Case No. ________________ AND SHALL MY OUR LAWS SAYS THAT THE
___________________ For: ____________________________ DECISION PARTIES ARE GIVEN TEN (10)
DAYS TO NULLIFY THE DECISION.
Complainant/s
________________________________ TAKE EFFECT
________________________________ IMMEDIATELY? AFTER 10 DAYS, YOUR DECISION
BECOMES FINAL AND
EXECUTORY.
— against —
__________________
__________________
Respondent/s
42 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 59
KP FORM # 15: ARBITRATION AWARD WHAT HAPPENS NEXT AN AMICABLE SETTLEMENT SHALL
IF THE PANGKAT IS BE PUT INTO WRITING IN A
Republic of the Philippines SUCCESSFUL IN THE LANGUAGE OR DIALECT KNOWN TO
CONCILIATION? THEM, AND ATTESTED TO BY THE
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________ LUPON CHAIRMAN OR THE PANGKAT
CHAIRMAN. IT HAS THE FORCE AND
OFFICE OF THE LUPONG TAGAPAMAYAPA
__________________________________________
__________________________________________
__________________________________________
58 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 43
KP FORM # 28: MONTHLY TRANSMITTAL OF FINAL REPORTS WHAT IF BOTH PARTIES ARE PRESENT? HOW SHALL
I CONDUCT THE ARBITRATION? IT SEEMS THAT I
Republic of the Philippines LOOK LIKE A JUDGE THIS TIME…
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________ IN A WAY, YES. AS AN
ARBITER, YOU SHALL THEN
OFFICE OF THE LUPONG TAGAPAMAYAPA
Enclosed herewith are the final reports of settlement of disputes NECESSARY EVIDENCE.
and arbitration awards made by the Barangay Captain/Pangkat
Tagapagkasundo in the following cases: THE LUPON CHAIRPERSON OR THE PANGKAT WILL THEN
Barangay Case No. TITLE ISSUE A RESOLUTION BASED ON THE MERITS OF THE CASE,
(Complainant, et al vs. Respondent, et al) TESTIMONY OF THE WITNESSES AND THE EVIDENCE
PRESENTED.
1.
2.
YES, THIS ARBITRATION IS
3.
4.
5. JUST LIKE AN AMICABLE
6.
7. SETTLEMENT PUT INTO
8. IS THIS WHAT WRITING IN A LANGUAGE
9. THEY CALL THE OR DIALECT KNOWN TO
10.
ARBITRATION BOTH PARTIES AND ATTES-
___________________________ AWARD? TED TO BY THE LUPON OR
PANGKAT CHAIRPERSON.
Lupon/Pangkat Secretary
______________________________
(Clerk of Court)
IMPORTANT: Lupon/Pangkat Secretary shall transmit not later than the first
five days of each month the final reports for preceding month.
44 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 57
OUTRIGHTLY DISMISSED AND SHALL BE BARRED FROM FILING HOW CAN THE AMICABLE SETTLEMENT IN THE
ACTION IN COURT. ON THE OTHER HAND, IF THE PANGKAT BE EXECUTED?
RESPONDENT‛S ABSENCE IS FOUND TO BE ALSO WILLFUL AND
UNJUSTIFIED, THEN YOU CAN ISSUE A CERTIFICATE TO FILE
ACTION AND CERTIFICATE TO BAR COUNTERCLAIM IN FAVOR
THE AMICABLE SETTLEMENT HAS THE FORCE AND EFFECT
OF THE COMPLAINANT.
OF A FINAL JUDGMENT OF A
COURT UPON THE EXPIRATION
OF THE 10-DAY PERIOD OF
ARBITRATION PROCESS
NOTE: ANY PERSON WHO IS TO GIVE TESTIMONY WHAT IF THERE WAS NO SETTLEMENT
BEFORE AN ARBITRATION PROCEEDING SHALL BE BETWEEN THE PARTIES, DESPITE ALL
SWORN TO AN OATH TO TELL THE TRUTH AND EFFORTS TO CONCILIATE?
NOTHING BUT THE TRUTH.
A CERTIFICATION TO FILE ACTION, FORM NO. 21 SHALL
STEP 4. WHEN A WITNESS IS NECESSARY, HE/SHE IS BE FILLED UP, ATTESTING THAT NO
SUMMONED TO TESTIFY BEFORE THE PROCEEDING CONCILIATION OR SETTLEMENT HAS BEEN
(USING KP FORM 13) REACHED AS CERTIFIED BY THE PANGKAT
SECRETARY AND SIGNED BY THE PANGKAT
STEP 5. THE ARBITER CALLS THE RESPONDENT TO PRESENT CHAIRMAN. THE CERTIFICATION TO FILE
HIS/HER DEFENSE; PRESENT EVIDENCES AND ACTION SHALL BE SUBMITTED TO THE CORRESPONDING
WITNESSES; IN THE MANNER AFFORDED TO THE COURT OR GOVERNMENT OFFICE FOR FILING OF AN
COMPLAINT/S; APPROPRIATE CASE.
56 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 45
KP FORM # 21: CERTIFICATION TO FILE ACTION (FROM PANGKAT KP FORM # 14: AGREEMENT FOR ARBITRATION
SECRETARY)
46 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 55
FILING FEE BY THE COMPLAINANT. BUT IF THE PARTIES AGREE KP FORM # 25: MOTION FOR EXECUTION
TO SUBMIT THEMSELVES TO THE ARBITRATION
PROCESS AT ANY STAGE OF MEDIATION AND Republic of the Philippines
CONCILIATION, THE CONDUCT OF AN
Province of __________
CITY/MUNICIPALITY OF ______________
ARBITRATION HEARING CAN TAKE PLACE Barangay _________________
IMMEDIATELY.
OFFICE OF THE LUPONG TAGAPAMAYAPA
IN THE LUPON.
2. The period of ten (10) days from the above-stated date has expired without
any of the parties filing a sworn statement of repudiation of the settlement
before the Lupon Chairman a petition for nullification of the arbitration award
in court; and
EXACTLY, AND YOU NEED TO 3. The amicable settlement/arbitration award is now final and executory.
BUT WHAT IF WHEREFORE, Complainant/s/Respondent/s request that the corresponding
FORWARD THE CASE TO COURT BY writ of execution be issued by the Lupon Chairman in this case.
THERE WILL BE
ISSUING A CERTIFICATE TO FILE
NO REPUDIATION? _______________
ACTION AND LET THE (Date)
COMPLAINANT BRING _______________________
HIS/HER CASE TO THE
Complainant/s/Respondent/s
COURT.
54 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 47
KP FORM # 27: NOTICE OF EXECUTION WHEN WILL THIS ARBITRATION TAKE PLACE?
— against —
IN MEDIATION OR CONCILIATION, THE LUPON
__________________
__________________ CHAIRPERSON OR PANGKAT SIMPLY ASSISTS THE
Respondent/s PARTIES IN DEFINING ISSUES AND EXPLORING
NOTICE OF EXECUTION SOLUTIONS TO DEVELOP A MUTUALLY ACCEPTED
SETTLEMENT. IN ARBITRATION, THE LUPON
WHEREAS, on ______________(date), an amicable settlement was signed by
the parties in the above-entitled case [or an arbitration award was rendered by CHAIRPERSON OR PANGKAT IS GIVEN THE POWER TO
the Punong Barangay/Pangkat ng Tagapagkasundo]; RENDER DECISIONS ON THE DISPUTE WITH
WHEREAS, the terms and conditions of the settlement, the dispositive portion
of the award. read: A PRIOR AGREEMENT OF THE PARTIES TO
______________________________________________________________________________________________________________________________________________________________________________________________________ BE BOUND BY IT. THE PARTIES SHALL
______________________________________________________________________________________________________________________________________________________________________________________________________
PRESENT EVIDENCE AS TO THE FACTS
______________________________________________________________________________________________________________________________________________________________________________________________________
The said settlement/award is now final and executory; AND MERITS OF THE CASE TO THE
ARBITRATOR.
WHEREAS, the party obliged ________________ (name) has not complied
voluntarily with the aforestated amicable settlement/arbitration award, within
the period of five (5) days from the date of hearing on the motion for ON THE BASIS OF THESE FACTS,
execution;
NOW, THEREFORE, in behalf of the Lupong Tagapamayapa and by virtue of THE ARBITRATOR MAKES A
the powers vested in me and the Lupon by the Katarungang Pambarangay Law DECISION, ON WHAT HE/SHE
BELIEVES TO BE FAIR OR JUST. IN
and Rules, I shall cause to be realized from the goods and personal property of
__________________ (name of party obliged) the sum of
_________________ (state amount of settlement or award) upon in the said THIS CASE, THE ARBITRATOR MUST
amicable settlement [or adjudged in the said arbitration award], unless
BE NEUTRAL AND IMPARTIAL IN
voluntary compliance of said settlement or award shall have been made upon
receipt hereof. MAKING THE DECISION WHICH MUST
Signed this _________ day of ___________, 19____. ALSO BE SUITABLE TO THE DISPUTING PARTIES.
___________________
Punong Barangay
SPECIFICALLY, WHAT ARE THE STEPS THAT TAKE
PLACE IN ARBITRATION?
Copy furnished:
____________________ ___________________
____________________ ___________________
Complainant/s Respondent/s
FIRST IS THE FILING OF THE COMPLAINT WITH
THE OFFICE OF THE PUNONG BARANGAY AND PAYMENT OF THE
48 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 53
NOW, I HAVE EXPLAINED ALREADY TO YOU THE TWO WAYS OF WITHIN 6 MONTHS FROM THE DATE OF THE SETTLEMENT, THE
RESOLVING CONFLICTS IN YOUR BARANGAY, FIRST, THROUGH LUPON THROUGH THE PUNONG BARANGAY EXECUTES THE
MEDIATION THROUGH YOUR OFFICE AND SECOND, THROUGH SETTLEMENT.
CONCILIATION THROUGH THE PANGKAT. AT ANY
LEVEL OF THESE TWO PROCESSES COMES ANOTHER BY THE WAY, THE ACTUAL EXECUTION MAY
WAY OF RESOLVING CASES UNDER YOUR BE IN FORM OF MONEY. BUT IN CASE OF
JURISDICTION, THE PROCESS OF ARBITRATION. FAILURE TO COMPLY VOLUNTARILY WITH
THE SETTLEMENT, THE PUNONG
LEARNING A LOT OF PARTY OBLIGED. THE PROPERTY CAN BE SOLD AND THE
ARBITRATION
K A TA R U N G A N G PA M B A R A N G AY 49
HOW CAN THE SALE OF PERSONAL PROPERTIES HAPPEN?
PROPERTIES EXEMPTED FROM EXECUTION
A NOTICE OF SALE SHALL BE POSTED IN 3
NOT ALL PROPERTIES MAY BE SOLD AT AN AUCTION. THE
PUBLIC PLACES. FOR PERISHABLE GOODS
FOLLOWING ARE EXEMPT:
IMMEDIATELY UPON TAKING POSSESSION, THE
SALE SHOULD TAKE PLACE WITHIN 24 HOURS.
1. THE DEBTOR’S FAMILY HOME.
FOR OTHER GOODS IMMEDIATELY UPON TAKING
2. TOOLS AND IMPLEMENTS NECESSARILY USED BY HIM/
POSSESSION, THE GOODS MUST BE SOLD
HER IN HIS TRADE OR EMPLOYMENT.
WITHIN 5 TO 10 DAYS.
3. 2 HORSES, OR 2 COWS OR 2 CARABAOS OR OTHER
BEASTS OF BURDEN SUCH AS THE DEBTOR MAY SELECT
AND ARE NECESSARILY USED BY HIM/HER IN HIS/HER
ORDINARY OCCUPATION.
4. NECESSARY CLOTHING FOR DEBTOR AND FAMILY.
5. HOUSEHOLD FURNITURE AND UTENSILS NECESSARY FOR
HOUSEKEEPING.
6. PROVISIONS FOR INDIVIDUAL OR FAMILY USE SUFFICIENT
FOR FOUR MONTHS.
THEN, A PUBLIC AUCTION OF GOODS SHOULD BE DONE
7. PROFESSIONAL LIBRARIES OF ATTORNEYS, JUDGES,
BETWEEN 8 AM TO 5 PM AND THE OWNER MAY DIRECT THE
PHYSICIANS, PHARMACISTS, DENTISTS, ENGINEERS,
ORDER OF THE SALES. THE PUNONG BARANGAY, SECRETARY OR
SURVEYORS, CLERGYMEN, TEACHERS AND OTHER
ANY LUPON MEMBER MAY NOT TAKE PART IN THE SALE.
PROFESSIONALS.
8. ONE FISHING BOAT, NET AND OTHER FISHING
THE PREVAILING PARTY IS THEN PAID AN AMOUNT
CORRESPONDING TO THE OBLIGATION. EXCESS PROCEEDS ARE
PARAPHERNALIA OF THE PARTY WHO IS A FISHERFOLK
BY THE LAWFUL USE OF WHICH S/HE EARNS A
RETURNED TO THE PARTY OBLIGED. IF THE PREVAILING PARTY
LIVELIHOOD.
IS A BUYER, S/HE SHALL ONLY PAY THE EXCESS OF THE
9. SO MUCH OF THE EARNINGS OF THE PARTY OBLIGED
OBLIGATION TO THE PARTY OBLIGED.
FOR HIS/HER PERSONAL SERVICES WITHIN THE MONTH
PRECEDING THE LEVY AS ARE NECESSARY FOR HIS/HER
NO, THERE ARE
FAMILY’S SUPPORT.
ARE THE PROPERTIES PROPERTIES
10. ALL MONEYS, BENEFITS, PRIVILEGES OR ANNUITIES,
SUBJECTED FOR EXEMPTED FOR
ACCRUING IN ANY MANNER OR GROWING OUT OF ANY
EXECUTION? EXECUTION.
LIFE INSURANCE NOT EXCEED P100,000.00
11. THE RIGHT TO RECEIVE LEGAL SUPPORT OR MONEY OR
PROPERTY OBTAINED AS SUCH SUPPORT OR ANY
PENSION OR GRATUITY FROM THE GOVERNMENT, AND
12. COPYRIGHTS AND OTHER PROPERTIES ESPECIALLY
EXEMPTED BY LAW.
50 A HANDBOOK K A TA R U N G A N G PA M B A R A N G AY 51