REVISED KATARUNGANG

PAMBARANGAY LAW
Sections 399-422, Chapter 7 Title One, Book III
of RA No. 7160
 Brief Historical Background of the
Katarungang Pambarangay
The concept of “Neighborhood paralegal
committee” was first advocated by Supreme
Court Chief Justice Fred Ruiz Castro in one of
his speeches in 1976. PD 1293 was issued
creating a commission tasked to study the
feasibility of instituting a system of resolving
disputes among family and barangay
members at the barangay without recourse to
the courts.
 The draft of the Katarungang
Pambarangay Law was submitted to the
President and this was signed into law on
June 11, 1978 as Presidential Decree 1508.
The same was adopted by Batas Pambansa
Blg. 337 or the 1983 Local Government Code.
At present, the establishment and operation
of the Barangay Justice System is mandated
by Sections 399-422, Chapter 7 Title One,
Book III of Republic Act No. 7160 or the
Local Government Code of 1991.
Objectives
• Under the Barangay Justice System, the
main strategy for settling disputes is to
provide a venue for the disputing parties to
search for a solution that is mutually
acceptable
• Assist the parties in discussing the possible
amicable settlement of their disputes.
• Do not act as judges or adjudicators of
disputes but as facilitators for the disputing
parties’ discussion of possible solutions
• Also, this is to provide a screening
process whereby only truly
irreconcilable disputes are filed
before the court for adjudication.
This would reduce the number of
cases reaching the courts and thus
increase the time which judges may
allocate to their cases.
Constitution of the Lupon
• Appointment of Lupon is the sole
prerogative of the Barangay Captain
• Does not require the approval,
confirmation of the Barangay
Council
• What if the Barangay Captain fails
to constitute the Lupon?
• He can be charged for neglect of
duty and be administratively
liable
When to constitute the Lupon?
WITHIN FIFTEEN (15) DAYS FROM THE
START OF THE TERM AS BARANGAY
CAPTAIN, HE/SHE SHOULD ISSUE A
NOTICE TO CONSTITUTE THE LUPON AND
PREPARE THE LIST OF THE NAMES OF
PROPOSED LUPON MEMBERS.
Minimum of 10, Maximum of 20
Qualifications of Lupon Members
ACTUAL RESIDENTS/ WORKING IN
THE BARANGAY
OF LEGAL AGE WITH THE
FOLLOWING QUALITIES:
INTEGRITY,
IMPARTIALITY,
INDEPENDENCE,
FAIRNESS,
REPUTATION FOR PROBITY,
PATIENCE,
RESOURCEFULNESS,
OPEN-MINDEDNESS
FLEXIBILITY
Disqualifications (Sec. 40 of the LGC)
• Those sentenced by final judgment
for an offense involving moral
turpitude or for an offense
punishable by One year or more or
more, within two years later after
serving sentence.
• Those removed from office as a
result of administrative case.
Disqualifications . . .
• Those convicted by final
judgment for violating the oath
of allegiance to the Republic.
• Those with dual citizenship.
• Fugitives from Justice in criminal
or non-political cases here or
abroad.
Disqualifications . . .
• Those permanent residents in a
foreign country or those who
have acquired the right to
reside abroad and continue to
avail of the same right after the
effectivity of the Local
Government Code of 1991
• Insane or feeble-minded.
Suitability of Lupon Members
Section 399, RA 7160
• GOVERNMENT EMPLOYEES -
Sec.406 (b) explicitly recognizes the
validity of the appointment to the Lupon
of one who is “in public employment”
provided that the provision against
“Double Compensation” is observed and
provided further that the two offices are
not incompatible.
(MJ Opinion No. 168, Series of 1981)
Suitability of Lupon Members...
• POLICEMEN (Same as govt. employee)
(MJ Opinion No. 103, Series of 1981)

• LAWYER – The prohibition against a

lawyer is to act as a counsel to either of the
parties to the case.
(MJ Opinion No. 103, Series of 1981)
Suitability of Lupon Members...
• ECCLESIASTIC – Generally, a religious
person is not disqualified from holding
public office or a government position as
long as his employment has no religious
purpose or meaning.
Although expressly disqualified by law from
holding a municipal office, ecclesiatics are
not disqualified from holding other public
office/s.
(MJ Opinion No. 58, Series of 1974)
Suitability of Lupon Members...
• JUDGES – Judges are likewise not
disqualified. However, if judges were to
serve in the Lupon or the Pangkat, the
aforestated objective of the law will be
defeated because a judge would be
spending his valuable time to settlement of
cases before the Lupon, which would
otherwise be devoted to court cases.
(MJ Opinion No. 287, Series of 1982)
Appointment of Kagawad to the Lupon

The position of a Kagawad ng Sangguniang

Barangay is an “Elective Position.”

“No elective official shall be eligible for

appointment or designation in any capacity
to any public office or position during his
tenure”
(Sec 7, Art IX-B, Phil. Constitution)
Steps to take after identifying the 10-20
members of the Lupon
Barangay Secretary Shall:
Prepare a notice to constitute the Lupon using the
KATARUNGANG PAMBARANGAY (KP) Form 1
Notice to be posted in the 3 conspicuous/strategic
places in 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 .
THE RECOMMENDATION SHALL BE MADE WITHIN
THE PERIOD OF POSTING FOR THREE WEEKS .
• MEMBER OF THE BARANGAY CAN
PROTEST OR RECOMMEND
SOMEBODY FROM THE BARANGAY
• 10 days after the last day of
posting, the Bgy. Captain shall put
into writing the appointment of the
Lupon members using KP Form 2,
duly signed by the captain and
attested by the Barangay Secretary.
• The newly appointed Lupon members will
immediately take their oath before the
Barangay Captain using KP Form 5
After taking the
oath of office, the
list of Lupon
Members shall be
posted in a
conspicuous/strate
gic place in the
Barangay
 Significance of Oath of Office
• Upon appointment to a public office, an
officer is required to take his oath of
office whereby he solemnly swears to
support and defend the constitution,
bear true faith and allegiance to the
same; obey the laws, legal orders and
decrees promulgated by duly constituted
authorities; and faithfully discharge to
the best of his ability the duties of the
position he will hold. (City Mayor vs. CA,
G.R. No. 80270,February 27, 1990)
 Power to Appoint and Remove
• Although it is the sole authority of the
Barangay Captain to appoint members of
the Lupon as he finds him fit, withdrawal
of appointment of any member of the
Lupon cannot be done by him without
the concurrence of the majority of
members of the Lupon and only for valid
grounds (not only majority of the Lupon,
who attended the meeting).
(Sec 7, Rule IV, KPR)
RECAP: Steps to constitute the Lupon
• STEP 1: Determining the actual
number of Lupon Members
• 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
Term of Office
• 3 years
• UNLESS TERMINATED
– BY DEATH,
– RESIGNATION, TRANSFER OF
RESIDENCE OR PLACE OF WORK,
– WITHDRAWAL OF APPOINTMENT BY
THE BARANGAY CAPTAIN. HOWEVER,
THE WITHDRAWAL SHOULD BE
CONCURRED WITH A MAJORITY OF
ALL THE MEMBERS OF LUPON
(see KP Form 6)
Compensation / Benefits
• Lupon members shall serve without
compensation
– If the Barangay has enough funds,
HONORARIA may be given
• 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
Basic Concerns
• The Dispute will be settled in the
barangay where the RESPONDENT or
any of the RESPONDENTS in the
Barangay resides
• CHOICE/OPTION of the complainant
• What if any of the involved parties is
incompetent or a minor?
• He/She should be represented by a
legal guardian or next of kin who is NOT
A LAWYER.
Basic Concerns . . .
• A juridical person like a
corporation or cooperative
cannot file a complaint
• Any case involving a
cooperative or people’s
organization can go directly to
court without going through
mediation or conciliation
Subject Matter of Amicable Settlement

• The lupon of each barangay shall have

authority to bring together the parties
actually residing in the same city or
municipality for amicable settlement of
all disputes, except ..
(Section 48)
 Exceptions:
• Where one party is the government,
or any subdivision or instrumentality
thereof;
• When one party is a public officer or
employee, and the dispute relates to
the performance of his official
functions;
• Offenses punishable by imprisonment
exceeding One (1) Year or a fine
exceeding Php5,000.00;
 Exceptions...
• Where the dispute involves real properties
located in different cities or municipalities
unless the parties thereto agree to submit
their differences to amicable settlement by
an appropriate lupon;
• Where the dispute involves parties who
actually reside in barangays of different
cities or municipalities, except when
barangay units adjoin each other and the
parties thereto agree to submit their
differences to amicable settlement by an
appropriate lupon;
 Exceptions...
• Such other classes of disputes which the
President determines in the interest of
justice or upon the recommendation of the
Secretary of Justice.
a. Criminal Cases where respondent is under Police
Custody;
b. Petition for Habeas Corpus;
c. Actions coupled with provisional remedies such as
injunction, attachment, delivery of personal property
and support during pendency of the case;
d. Actions barred by Statute of Limitations.
 Exceptions...
• Where the dispute arises from CARL.
• Labor disputes or controversies arising
from employer-employee relations.
• Actions to annul judgment upon a
compromise, which may be filed
directly with the court. (Sanchez vs. Tupaz,
158 SCRA 459)
• Offenses where there is no private
offended party
 Exceptions...
The court in which non-
criminal cases not falling
under the authority of the
Lupon , at any time before
trial, motu propio, refer the
case to the lupon
concerned for amicable
settlement.
Offenses under the Revised Penal Code within the
authority of the Lupon

a. Slight Physical Injuries/Maltreatment (Art. 266)

b. Less Serious Physical Injuries (Art. 265)
c. Trespass to dwelling (Art. 280)
d. Other forms of Trespass (Art. 281)
e. Grave Threats (Art. 282)
f. Light Threats (Art. 283)
g. Other Light threats (Art. 282 & 285)
h. Grave Coercion (Art. 286)
Offenses …
i. Light Coercion (Art. 287)
j. Other Similar Coercion (Art. 288)
k. Formation, Maintenanance and
Prohibition on Combination of Capital or
Labor through violence or threats (Art.
289)
l. Swindling (Estafa) if fraud does not
exceed hp200.00 (Art. 315)
m. Other forms of swindling (Art. 316)
n. Swindling a Minor (Art. 317)
Offenses …
o. Other Deceits (Art. 318)
p. Malicious Mischief if value of damage
does not exceed Php1000 (Art. 327)
q. Other Mischief (Art. 329)
r. Simple Seduction (Art. 338)
s. Acts of Lasciviousness with the consent
of the offended party (Art. 339)
t. Slander Art. 359)
u. Slander by Deed (Art. 359)
v. Imprudence and Negligence resulting to
less grave felony (Art. 365)
Offenses . . .
w. Theft if value does not exceed Php50.00
(Art. 309)
x. Physical Injuries inflicted in Tumultuous
affray (less serious in nature) (Art. 252)
y. Unlawful Arrest (Art. 269)
z. Abandonment of person in danger and
abandonment of one’s own victim (Art. 275)
aa.Abandoning a Minor (Art. 276)
ab.Abandonment of a minor by person entrusted
with his custody; Indifference of parents Art.
277)
cc. Discovering secrets through seizure of
correspondence (Art. 290)
 VENUE
• Actual Residents of the same Barangay –
Lupon of said barangay;
• Actual Residents of different barangays
within the same city or municipality –
Where the respondent or any of the
respondents actually resides, at the election
of the complainant;
• Dispute involving Real Property or interest
thereon – Where Real Poperty or bigger
portion thereof is located
 VENUE ...
• Those arising at the workplace
where contending parties are
employed or at the institution
where such parties are enrolled
for study, shall be brought in the
barangay where such workplace
or institution is located.
RECAP on Exempted Cases :

Offenses involving government entity;

One party is a public Officer/Employee –
dispute relates to performance of official
functions
 Offenses with maximum penalty of 1
year or a fine exceeding(Php5,000.00;
Offenses with no private offended party;
Real properties in different cities or
municipalities; disputes that need urgent
legal action; AGRARIAN and LABOR
disputes; and action to annul a judgment
upon a compromise.
 Settlement of Serious Offenses
Settlement of Serious or Grave Offenses will not
bind the state nor the parties thereto. This
means that amicable settlement of Grave
Offense will not serve as a legal bar to the
prosecution of the offender. Admittedly,
though, the government’s ability to prosecute
may be adversely affected or hampered by the
lack of cooperation from the offended party
who may have compromised the case.
(M.J. Opinion No. 90, Series of 1991)
MEDIATION
Basic steps in handling cases by the Barangay
Captain
• Explain the process and objectives of
mediation & the rules to be observed
• Give each party to explain their side without
interruption from the other party
• Ask questions and involve both parties in
looking for a solution
• REMEMBER:
– Barangay Captain is not a judge but a
mediator
– Let both parties find a solution to their
dispute
STEP 1: Filing of the case
Complainant with the help of the
secretary will fill up KP FORM 7
Minimal filing fee
PERSONAL CONFRONTATION is
required

NO INDIVIDUAL CAN GO DIRECTLY

TO COURT / GOV’T OFFICE FOR
ADJUDICATION OF HIS/HER DISPUTE
WITH ANOTHER INDIVIDUAL
ESPECIALLY OF THE MATTER IS
WITHIN THE KP JURISDICTION
 STEP 2
• Within 3 days from receipt of the
complaint and payment of the filing
fee
– Issue a NOTICE OF HEARING TO THE
COMPLAINANT
– Issue SUMMONS/SUBPOENA TO THE
RESPONDENT
– BOTH shall appear at the BARANGAY
CAPTAIN’S OFFICE
Appearance of the Parties
Appearance shall be in person.
Parties shall not be represented by
counsel.
Representative or Attorney-in-fact
(even armed with an SPA) may not
appear before the Lupon.
Appearance thru a representative is
tantamount to non-appearance of a
party.
Only minors or incompetents may be
assisted by their next-of-kin, who is
not a lawyer.
Appearance of the Parties
The BARANGAY CAPTAIN SHALL NOT
RESOLVE THE CASE.
The BARANGAY CAPTAIN WILL
HELP THEM RESOLVE THE CASE
BARANGAY CAPTAIN
Mediator
Help them find the solution to their
problem within FIFTEEN (15) DAYS.
IF THE RESPONDENT DOES NOT
APPEAR:
The case shall be referred to the
PANGKAT NG TAGAPAGSUNDO
What if any of the parties fail to appear?
• Complainant fails to appear WITHOUT
justifiable cause
– DISMISS THE COMPLAINT
– Cannot file a case in court
– Can be punished for indirect contempt of
court
• Respondent fails to appear WITHOUT
justifiable cause
– His/her counterclaim will be dismissed and
he will be barred from filing in court and
be punished for indirect contempt of court
Conciliation among members of indigenous cultural
communities

The customs and traditions of

indigenous cultural communities
shall be applied in settling
disputes between members of
the cultural communities.
Proceedings open to the public, exception...

• All proceedings for settlement shall be public and

informal; Provided, however that the Lupon
chairman or the Pangkat chairman, as the case
may be, may motu propio or upon request of
a party, exclude the public from the proceedings
in the interest of privacy, decency, or public
morals.
(Section 414)
 Power to administer oaths

• The Punong Barangay, as Chairman of

the Lupong Tagapamayapa, and the
members of the Pangkat are authorized
to administer oaths in connection with
any matter relating to all proceedings in
the implementation of the Katarungang
Pambarangay.
(Section 420)
If parties agree to a settlement/compromise
• In writing
• In a language or dialect known to parties
• NOT TO BE DRAFTED BY A LAWYER AND
BROUGHT TO HOMES OF THE PARTIES
FOR THEIR SIGNATURES AND NOT HAVE
IT NOTARIZED BY A NOTARY
PUBLIC/LAWYER
• IT SHOULD BE DRAFTED AT THE
BARANGAY HALL AND NO WHERE ELSE
How can we be ensured that the
Agreement will be complied?
• After TEN (10) days, the settlement will be
executory and HAS THE FORCE AND
EFFECT OF A DECISION OF A COURT,
unless repudiation of the settlement has
been made or a Petition to nullify the
award (In case of Arbitration) has been
filed before the proper city or municipal
court.
What if one of the parties was forced to come up
with a settlement through fraud or intimidation?

• Any party can protest the

settlement within TEN DAYS.
• AFTER TEN DAYS, the
settlement will take EFFECT
How can the Respondent Comply with
the Settlement?
• He/she can voluntarily comply within FIVE
(5) DAYS from hearing of the Motion for
Execution filed by complainant,Sec 5, Rule VII,
IRR on KPR.
• After lapse of the 5-day voluntary
compliance without the respondent
settling his obligation, the Barangay
Captain issues NOTICE OF EXECUTION in
the name of the Lupong Tagapamayapa.
 Execution
The amicable settlement or arbitration
award, as the case may be, may be
enforced by execution by the Lupon
within six (6) months from the date
of settlement or date of receipt of
award (Arbitration). After the lapse of
such time, the settlement or award may
be enforced by the appropriate local
Courts.
 Procedure for Execution

a. Payment of Money - Party obliged to pay is

given five (5) days to make voluntary
payment.
Failure to pay – Punong Barangay shall take
possession of sufficient personal property
located in the barangay to satisfy the
settlement or award. Party obliged to pay is
allowed to point out which of them shall be
taken ahead of others.
SALE – thru Public Auction
 Execution … Auction Sale

a.1. Perishable Property – Posting of

notice of the time and place in 3 public
places within the barangay for not less
than 24 hours prior to the sale.
a.2. Other Personal Property – Posting –
for not less than 5 days nor more than
10 days.
 Execution …

2. Delivery/Restitution of property
located within the barangay – The
Punong Barangay shall oust thereform
the person against whom the
settlement or award is rendered and
place the party entitled thereto in
possession of such property.
 Execution …

3.Delivery/Restitution of property located

in another barangay – The Punong
Barangay shall authorize the Punong
Barangay of that Barangay where the
property is situated to take possession
of said property and place in possession
the party entitled thereto.
 Execution …
4. If settlement or award directs a party
to execute a conveyance of land, or to
deliver deeds or other documents, or
to perform any other specific act and
the party fails to comply within the
time specified, the Punong Barangay
may direct the Lupon Secretary to
perform the act at the cost of the
disobedient party and the act when so
done shall have like effects as if done
by the party.
 Property Exempt from Execution
a. Debtor’s FAMILY HOME.
b. TOOLS and IMPLEMENTS necessary used by
him in his trade or employment.
c. 2 horses, or 2 cows, or 2 carabaos or other
beasts of burden, as the debtor may select,
and necessary used by him in his occupation.
d. His necessary CLOTHINGS and that of his
family.
e. Household furniture and utensils necessary for
housekeeping.
 Execution …
f. Provisions for individuals or family
use sufficient for 4 months.
g. Professional libraries of Attorneys,
Judges, Physicians, Pharmacists,
Dentists, Engineers, Surveyors,
Clergymen, Teachers, and other
professionals.
h. One (1) fishing boat, net and other
fishing paraphernalia of the party
obliged, who is a fisherman.
 Execution …
i. Earnings of the party obliged for his personal
services within the month preceding the levy as
are necessary for the support of his family.
j. Proceeds from Life Insurance not exceeding
Php100,000.00.
k. Right to receive legal support or money or
property obtained as such support, or any
pension or gratuity from the government.
l. Lettered Gravestone.
m. Copyrights and other properties especially
exempted by law.
If MEDIATION before the BARANGAY
CAPTAIN FAILS
• The parties cannot yet elevate their case to court
• The parties still have to go through conciliation
proceedings
– Barangay Captain TO CONSTITUTE the PANGKAT NG
TAGAPAGSUNDO within FIFTEEN (15) DAYS from the
last day of MEDIATION PROCEEDINGS.
• Is CONCILIATION = MEDIATION?
– The process is the same, except that MEDIATION is
done by the Barangay Captain, while CONCILIATION
is done by the PANGKAT headed by a CHAIRPERSON.
CONCILIATION
What is CONCILIATION (before the
Pangkat)?
• Conciliation is merely INTERVENING
between TWO OR MORE Contending
parties in order to prevent or put an
end to a dispute with an agreement to
abide by the decision of the conciliator
• Who are members of the PANGKAT?
• 3 MEMBERS shall come from the
LUPON and chosen by the Complainant
and Respondent
What if the parties fail to agree on the Pangkat
Membership?
• The Barangay Captain will determine the
THREE MEMBERS by drawing lots to be
distributed to the members of the Pangkat
• After they have been chosen, the Pangkat
Members shall Choose Among themselves
– A Chairperson
– Secretary
• The LUPON SECRETARY shall turn
over the case to the PANGKAT
SECRETARY for the Pangkat to
study
Disqualifications OF A Pangkat
Member
Vacancy in the Pangkat
Procedure before the Pangkat
• The Pangkat shall meet to hear
both parties
• Explore possibilities for Amicable
Settlement within FIFTEEN DAYS
– Can be extended for another
FIFTEEN DAYS
• Issue Subpoena of a witness
whenever necessary
• If the PANGKAT CHAIRPESON
finds after hearing that the
failure to appear of the
COMPLAINANT is without
justifiable reason, he shall:
What happens is the Pangkat is successful in
the Conciliation?
An amicable settlement shall be put into
writing in a dialect / language known to them
ATTESTED TO BY THE LUPON CHAIRMAN /
PANGKAT CHAIRMAN
It has the force and effect of a final
judgment in court after TEN DAYS from the
date the Amicable settlement was made,
UNLESS a protest or repudiation of the
settlment was made.
The Pangkat Secretary shall prepare a
transmittal of the settlement to the
appropriate court & fills up a transmittal form
 What if the settlement was affected
adversely by fraud, violence, intimidation,
etc.,
The parties can repudiate the settlement
within TEN DAYS from the date of filing with
the Lupon Chairman or Pangkat a statement
to that effect sworn before him.

Failure to repudiate the settlement within a

TEN DAY period shall be deemed a waiver of
the right to challenge on said grounds.
How can the Amicable Settlement
before the Pangkat be executed
How can the settlement be actually
executed?
• Within SIX MONTHS from date the settlement
was agreed upon
• The disputant must file a Motion for Execution
with the Barangay Captain
• The Barangay Captain conducts a hearing on
the date assigned by the Movant.
• The date shall not be later than FIVE DAYS from
the filing of the motion
What happens during the hearing?
• The Barangay Captain shall ascertain the
facts for the NON-COMPLIANCE of the
settlement and STRONGLY ENCOURAGE
the party obliged to COMPLY WITH THE
SETTLEMENT.
• After the lapse of FIVE DAYS with no
voluntary compliance, the Barangay
Captain shall issue a NOTICE OF
EXECUTION.
 RECAP
• What are the ways of resolving
conflicts within our barangay?
– MEDIATION through the Office of
the Barangay Captain
– CONCILIATION through the
PANGKAT

– At any stage of these two ways of

resolving conflicts, another way of
resolving cases under your
jurisdiction is the process of
ARBITRATION.
ARBITRATION
Definition of Arbitration
• Another way of settling disputes
wherein the parties agree to be
bound by a decision of a third
person or body in place of a
regularly organized tribunal
 Arbitration
• Can take place at any stage of the
proceedings as long as both
parties agree in writing to abide
by the arbitration award of the
LUPON or the PANGKAT.
– Who can act as ARBITRATORS?
• LUPON CHAIRPERSON
• BARANGAY CAPTAIN
• PANGKAT CHAIRPERSON
What happens in Arbitration?
Lupon Chairperson/Pangkat assists the parties in
defining the issues & exploring solutions to
develop a mutually acceptable settlement
The Lupon Chairperson/Pangkat is given the
POWER TO RENDER DECISIONS on the dispute
with a prior agreement of the parties to be
bound by it.
The parties shall present evidence as to the
facts and merits of the case to the arbitrator.
On the basis of these facts, the arbitrator
makes a decision on what he believes to be
fair or just
The Arbitrator must be NEUTRAL &
IMPARTIAL in making the decision which must
be suitable to the disputing parties.
 Steps
Filing of the complaint with the OFFICE OF THE
BARANGAY CAPTAIN and payment of the Filing
Fee.
IF parties agree to submit themselves to
arbitration process at ANY STAGE of the
mediation/conciliation, the conduct of an
ARBITRATION HEARING can take place
immediately
After filling up the agreement, the parties are
given FIVE DAYS to withdraw from such an
agreement by filling up a sworn statement
stating his/her reasons that such agreement
was obtain through fraud, violence, and
intimidation (if such is the case).
Is there a need to proceed with the case in
the Lupon if such circumstances are present?
• NO.
• Forward the case to court by issuing a
CERTIFICATE TO FILE ACTION
• IF THERE IS NO REPUDIATION?
– Proceeding to hear their case
– Set the case for hearing
– Parties to be officially notified of the
hearing through a NOTICE OF
HEARING and SUMMONS.
What if any of the parties fail to appear?
• Apply the same procedure in MEDIATION or
CONCILIATION for the unreasonable neglect
of the COMPLAINANT / RESPONDENT
• COMPLAINANT’s absence is unjustified and
willful
– Complaint is outrightly dismissed
– Barred from filing the action in court
• RESPONDENT’s absence is unjustified and
willful
– Issue a CERTIFICATE TO FILE ACTION and
CERTIFICATE TO BAR COUNTERCLAIM in
favor of the Complainant
If parties are Present, how does one
conduct the Arbitration?
• Conduct hearing in the manner of a court or
adjudicative trial
• Complainant and respondent will present their
respective case and submit all their necessary
evidence
• THE LUPON CHAIRPERSON / PANGKAT will then
issue a resolution based on the merits of the case,
testimony of the witnesses and the evidence
presented
• ARBITRATION AWARD
– Just like an amicable settlement put into writing
etc. attested to by the Lupon or the Pangkat
Chairperson
Time to render decision
• FIFTEEN DAYS but not earlier than SIX
DAYS from the date of last hearing to
evaluate and issue the ARBITRATION
AWARD
• Within FIVE DAYS, the Secretary shall
furnish a copy of the Arbitration Award
to the Parties
• Keep a file at the LUPON OFFICE and
be sure to furnish a copy to the
City/Municipality Court
How shall the Arbitration Award take
effect?

• Parties are given TEN DAYS to nullify

the decision
• After TEN DAYS, the decision
becomes final and executory
• HOW TO EXECUTE THE AWARD?
• In the same manner that
MEDIATION / CONCILIATION
Settlements are executed
 SCHOLARSHIP
• CHED ORDER 62
• Guidelines Implementing the Study Grant
Program for Barangay Officials and their
Legitimate Dependents
• WHO ARE QUALIFIED?
– Not more than 21 years of age
– Highschool graduate with an average
of 80%
– Passed the entrance exam in a State
College or University
– Income of parents must not exceed
PHP72,000.00 ANNUALLY.
DOCUMENTARY REQUIREMENTS
• Certification from the OFFICE OF THE
MAYOR that the applicant is a child of
the barangay official
• NSO Birth Certificate, High School
Report Card
• Entrance Exams result
• Income Tax Return
• Certificate of Good Moral Character
from the Principal or Guidance
Councilor
Conditions for the Assistance
• The grantee or the child of the LUPON will
carry a FULL SEMESTRAL LOAD EVERY
SEMESTER.
• Finish his/her course in the prescribed
duration and will maintain at least a passing
grade in all his/her subjects.
• OTHER CONDITIONS
– The applicant must not be enjoying any
study grant at the time of the application
– Only two children of the Lupon Member
are allowed for a given term.
• Shifting of course may be allowed after
getting the approval from the registrar
• CAN THE SCHOLARSHIP BE
TERMINATED?
• Grantee has failed in the subjects
• Falsified his/her records
• Transferred to another school without the
approval of the registrar
• Joined or participated in subversive
organizations/activites
• No available funds for the
scholarship
• Hurry and see if the nearest state
college/university has a scholarship program
under CHED ORDER #62 and bring the
aforementioned items in the list of requirements
• Funding
– State colleges and universities concerned are
required to incorporate in their budget
program the necessary funds to support the
expenses of the beneficiaries as provided for
in CHED ORDER #62
Annual Search for the
Outstanding Lupong
Tagapamayapa
• How to enter
• Join selection process at the
City/Municipal level
1st CRITERIA
 2nd Criteria
• Resourcefulness / creativity of the
Conciliators/Mediators
– Can be seen through the records /
minutes made by the LUPON
SECRETARY
– Evaluators will be able to know the
innovative technique and skills of
the conciliators/mediators and the
coordination made with appropriate
agencies like the PNP or the
Municipal Trial Court in Cities
3rd Criteria
 Thank you

for attending this Session

and

Good Luck!
Quiz