Professional Documents
Culture Documents
Katarungang Pambarangay
Katarungang Pambarangay
PAMBARANGAY
---------------------------------
OTHER
CASES
THAT
ARE
NOT
WITHIN
THE
JURISDICTION OF THE LUPON (ADMINISTRATIVE
CIRCULAR NO. 14-93 / GUIDELINES ON THE KATARUNGANG
PAMBARANGAY CONCILIATION PROCEDURE TO PREVENT
CIRCUMVENTION
OF
THE
REVISED
KATARUNGANG
PAMBARANGAY )
-Where the dispute arises from the Comprehensive
Agrarian Reform Law (CARL)
-
VENUE
(Sec. 409, LGC;
Sec. 3, Rule 6, KPR)
NOTE
The Lupon has no authority to settle a dispute
when one of the parties is a resident of another city
or municipality.
(DOJ OP 72, s. 1982)
All respondents must be residents of the same city
or municipality, otherwise the complaint must be
filed directly in court.
(Candido v Contreras; GR No. 101328, 4/7/93)
NOTE
If a case covered by KP is brought directly to
court, the same will be dismissed.
However, if the case is accepted by the court
and the respondent failed to invoke the premature
filing, such failure would constitute a waiver .
Fernandez v Militante (GR No. L-59801; 5/31/88)
Banares v Balising (GR No. 132624; 3/13/2000)
PROCEDURE FOR
AMICABLE SETTLEMENT
(Secs. 410-419, LGC; Rule 6-8, KPR)
(Mediation Proceedings)
PUNONG BARANGAY
Complainant
Files a complaint (KP Form 7)
Pays the filing fee
Notice of Hearing (KP Form 8; Initial
Hearing should be within 5 days from
service of summons to respondent)
WITNESSES
(mediation is successful)
THEY REDUCE THE AGREEMENT INTO
WRITING (KP Form 16) AND COME UP WITH
AN AMICABLE SETTLEMENT TO BE SIGNED
BY BOTH OF THEM, WHICH SHALL BECOME
FINAL AND EXECUTORY UPON THE LAPSE
OF TEN DAYS FROM SETTLEMENT.
SANCTIONS FOR
NON-APPEARANCE
If the erring party is the COMPLAINANT, the Lupon Chairman
shall:
Direct the issuance of, and attest to, the certification to bar the
filing of the action in any court or any government office
Apply with the local trial court for his/her punishment for indirect
contempt
SANCTIONS FOR
NON-APPEARANCE
If the erring party is
Chairman shall:
IF MEDIATION IS NOT
SUCCESSFUL,
The Lupon Chairman shall:
Constitute the Pangkat
(KP Form 10 & 11)
Set the date, time for the initial hearing of the
dispute by the Pangkat, which shall not be later
than three (3) days from its constitution (KP
Form 12)
NOTE
In the event the Punong Barangay is
unable to perform his duties as Lupon
Chairman, said duties shall be performed
by the officer succeeding the Punong
Barangay pursuant to the Rule on
Succession under the LGC of 1991.
Sec. 6, Rule 4, KPR
CONCILIATION PROCEEDINGS
(within 15 days)
PANGKAT CHAIRMAN
PANGKAT MEMBER
PANGKAT SECRETARY
COMPLAINANT
RESPONDENT
WITNESS
WITNESS
ARBITRATION
The Parties to the dispute may at
any stage of the proceeding, agree in
writing (KP Form 14) that they resort
to arbitration before the Punong
barangay during mediation or before
the Pangkat Tagapagkasundo during
conciliation
Execution
The
amicable
settlement
or
arbitration award may be enforced by
execution by the lupon within six (6)
months from the date of the settlement.
After the lapse of such time, the
settlement may be enforced by action
in the appropriate city or municipal
court.
REPUDIATION
Repudiation of Settlement (KP Form 17) - Any
party may within 10 days from the date of the
settlement, repudiate the same by filing with the
Punong Barangay a sworn statement, where the
consent is vitiated by fraud, violence, or
intimidation. Such repudiation shall be sufficient
basis for the issuance of the certification for filing
a complaint in court or any government office for
adjudication.
Failure to repudiate the settlement within the
aforesaid time shall be deemed a waiver of the
right to challenge on said grounds.
Thank you!