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Conciliation
Conciliation
PAMBARANGAY LAW
Sections 399-422, Chapter 7 Title One, Book III
of RA No. 7160
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
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
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 Punong Barangay
• The Punong Barangay 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 Punong Barangay 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 Punong
Barangay shall issue a NOTICE OF
EXECUTION.
RECAP
• What are the ways of resolving
conflicts within our barangay?
– MEDIATION through the Office of
the Punong Barangay
– CONCILIATION through the
PANGKAT
and
Good Luck!