13 July 2015

ATTY. MARIA CRISTINA GIMENEZ

Office of the Legal Aid
Polytechnic University of the Philippines College of Law
Sta. Mesa, Manila

Madam,

In compliance with your assigned task ere are the questions

1. What is conciliation?
To overcome the distrust or animosity of; appease. To regain or try to regain
(friendship or goodwill) by pleasant behavior.
To make or attempt to
compatible or reconcile.
2. What is mediation?
Mediation is a form of Alternative Dispute Resolution (ADR), aims to assist
two or more disputants in reaching an agreement.

Mediation is a process of settling disputes with the assistance of an

acceptable, impartial and neutral third party called a mediator. The mediator
helps parties identify issues and develop proposals to resolve their disputes.
Once the parties have arrived at a mutually acceptable arrangement, the
agreement becomes the basis for the decision on the case. (Juris Primer
Philippine Mediation Center)
3. What is mediation?
Mediation is a process of settling disputes with the assistance of an
acceptable, impartial and neutral third party called a mediator. The mediator
helps parties identify issues and develop proposals to resolve their disputes.
Once the parties have arrived at a mutually acceptable arrangement, the
agreement becomes the basis for the decision on the case. (Juris Primer

Philippine Mediation Center)

4. What is arbitration?
Is a legal technique for the resolution of disputes outside the court, wherein
the parties to the dispute refer it to one or more persons (the arbitrators,
arbiters or abitral tribunal) by whose decision (the award) they agree to
be bound.
5. What is amicable settlement
Amicable settlement is an agreement reached during mediation and
conciliation proceedings.
6. What is the remedy if the case was dismissed due to failure to comply in the
barangay conciliation proceedings?
Comply with the required barangay conciliation
7. What will happen if the failure to comply with the conciliation proceeding was
not raised as a ground in a motion to dismiss?
Ordinarily, non-compliance with the condition precedent prescribed by P.D.
1508 could affect the sufficiency of the plaintiff's cause of action and make
his complaint vulnerable to dismissal on ground of lack of cause of action or
prematurity; but the same would not prevent a court of competent
jurisdiction from exercising its power of adjudication over the case before it,
where the defendants, as in this case, failed to object to such exercise of
jurisdiction in their answer and even during the entire proceedings a quo.

While petitioners could have prevented the trial court from exercising
jurisdiction over the case by seasonably taking exception thereto, they
instead invoked the very same jurisdiction by filing an answer and seeking
affirmative relief from it. What is more, they participated in the trial of the
case by cross-examining respondent Planas. Upon this premise, petitioners
cannot now be allowed belatedly to adopt an inconsistent posture by
attacking the jurisdiction of the court to which they had submitted
themselves voluntarily. (Royales v. Intermediate Appellate Court, 212 Phil.
432, 435-436 (1984))
8. What are the cases covered by the Katarungang Pambarangay?
Subject to the exemptions provided under the law, the Katarungang
Pambarangay rule covers all disputes that may be subject of barangay
conciliation. (Sec. 2 PD 1508; Sec. 408, Local Government Code)
9. Are there fees required to be paid upon filing a complaint?
Yes the appropriate filing fee (not less than P5.00 nor more than P20.00) (Sec.
410) Rule VI, Sec. 4, Katarungang Pambarangay Circular No. 1, Katarungang

Pambarangay Rules and Forms, July 21, 1992

10.Cases not covered by barangay conciliation ?
As provided under Circular No.. 14-93 July 15, 1993 the following cases are
not covered by Katarungang Pambarangay Law
Where one of the parties is the:
o Government Executive/Legislative/Judiciary
o Subdivision Municipal Corporations
o Instrumentalities GOCCs and SUCs
Where one party is a public officer or employee, and the dispute relates to
the performance of his official functions
o Except offense performed in their private capacity
Offenses punishable by imprisonment exceeding one (1) year or a fine
exceeding Five thousand pesos (P5,000.00)
Example of offenses punishable by imprisonment not exceeding one (1)
year or a fine exceeding Five thousand pesos (P5,000.00):
o UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL
UTTERANCES (ART. 154);
o ALARMS AND SCANDALS (ART. 155);
o USING FALSE CERTIFICATES (ART. 175);
o USING FICTITIOUS NAMES AND CONCEALING TRUE NAMES (ART.
178);
o ILLEGAL USE OF UNIFORMS AND INSIGNIAS (ART. 179);
o PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY (ART. 252);
o GIVING ASSISTANCE TO CONSUMMATED SUICIDE (ART. 253);
o RESPONSIBILITY OF PARTICIPANTS IN A DUEL IF ONLY PHYSICAL
INJURIES ARE INFLICTED OR NO PHYSICAL INJURIES HAVE BEEN
INFLICTED (ART. 260);
o LESS SERIOUS PHYSICAL INJURIES (ART. 265);
o SLIGHT PHYSICAL INJURIES AND MALTREATMENT (ART. 266);
o UNLAWFUL ARREST (ART. 269);
o INDUCING A MINOR TO ABANDON HIS/HER HOME (ART. 271);
o ABANDONMENT OF A PERSON IN DANGER AND ABANDONMENT OF
ONES OWN VICTIM (ART. 275);
o ABANDONING A MINOR (A CHILD UNDER SEVEN [7] YEARS OLD)
(ART. 276);
o ABANDONMENT OF A MINOR BY PERONS ENTRUSTED WITH HIS/HER
CUSTODY; INDIFFERENCE OF PARENTS (ART. 277);
o QUALIFIED TRESSPASS TO DWELLING (WITHOUT THE USE OF
VIOLENCE AND INTIMIDATION). (ART. 280);
o OTHER FORMS OF TRESSPASS (ART. 281);
o LIGHT THREATS (ART. 283);
o OTHER LIGHT THREATS (ART. 285);
o GRAVE COERCION (ART. 286);
o LIGHT COERCION (ART. 287);
o OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF
MERCHANDISE AND PAYMENT OF WAGES BY MEANS OF TOKENS).
(ART. 288);
o FORMATION, MAINTENANCE AND PROHIBITION OF COMBINATION OF
CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS (ART. 289);
o DISCOVERING
SECRETS
THROUGH
SEIZURE
AND

CORRESPONDENCE (ART. 290);

REVEALING SECRETS WITH ABUSE OF AUTHORITY (ART. 291);
THEFT (IF THE VALUE OF THE PROPERTY STOLEN DOES NOT EXCEED
P50.00). (ART. 309);
o QUALIFIED THEFT (IF THE AMOUNT DOES NOT EXCEED P500). (ART.
310);
o OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS
IN PROPERTY (ART 312);
o ALTERING BOUNDARIES OR LANDMARKS (ART. 313);
o SWINDLING OR ESTAFA (IF THE AMOUNT DOES NOT EXCEED
P200.00). (ART. 315);
o OTHER FORMS OF SWINDLING (ART. 316);
o SWINDLING A MINOR (ART. 317);
o OTHER DECEITS (ART. 318);
o REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY (ART. 319);
o SPECIAL CASES OF MALICIOUS MISCHIEF (IF THE VALUE OF THE
DAMAGED PROPERTY DOES NOT EXCEED P1,000.00). (ART 328);
o OTHER MISCHIEFS (IF THE VALUE OF THE DAMAGED PROPERTY
DOES NOT EXCEED P1,000.00). (ART. 329);
o SIMPLE SEDUCTION (ART. 338);
o ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED
PARTY (ART 339);
o THREATENING TO PUBLISH AND OFFER TO PREVENT SUCH
PUBLICATION FOR COMPENSATION (ART. 356);
o PROHIBITING PUBLICATION OF ACTS REFERRED TO IN THE COURSE
OF OFFICIAL PROCEEDINGS (ART. 357);
o INCRIMINATING INNOCENT PERSONS (ART. 363);
o INTRIGUING AGAINST HONOR (ART. 364);
o ISSUING CHECKS WITHOUT SUFFICIENT FUNDS (BP 22);
o FENCING OF STOLEN PROPERTIES IF THE PROPERTY
o INVOLVED IS NOT MORE THAN P50.00 (PD 1612).
Offenses where there is no private offended party
o Public
crimes
such
as
prostitution/illegal
possession
of
firearms/illegal drug cases
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
Disputes involving parties who actually reside in barangays of different
cities or municipalities, except where such barangay units adjoin each
other and the parties thereto agree to submit their differences to amicable
settlement by an appropriate lupon;
Disputes where urgent legal action ins necessary to prevent injustice from
being committed or further continued, specially the following
o Criminal cases where the accused is under police custody or
detention;
o Petitions for habeas corpus by a person illegally deprived of his
rightful custody over another or a person illegally deprived of or on
acting in his behalf;
o Actions are coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property and support
o
o

pendente lite; and

Where the action may otherwise be barred by the statute of
limitations.
Any class of disputes which the President may determine in the interest of
justice or upon the recommendation of the Secretary of Justice.
Where the dispute arises from the Comprehensive Agrarian Law (Secs. 46
& 47, R. A. 6657);
Labor disputes or controversies arising from employer-employee relations
(Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as
amended), which grants original and exclusive jurisdiction over
conciliation and mediation of disputes, grievances or problems to certain
offices of the Department of Labor and Employment]; and
Action to annul judgment upon compromise (Sanchez vs. Tupaz, 158 SCRA
459)
Sec. 412 (c) of R.A. 7160 provides that Where the dispute involves members
of the same indigenous cultural community, such dispute shall be settled in
accordance with the customs and traditions of that particular cultural
community, or where one or more of the parties to the aforesaid dispute
belong to the minority and the parties mutually agreed to submit their
dispute to the indigenous system of amicable settlement
11.Who must appear before the barangay conciliation
o

The parties must appear in person without the assistance of counsel or

representative, except for minors and incompetents who may be assisted by
their next-of-kin who are not lawyers. (Sec. 415,Local Government Code)
12.What is the rule on venue under the Katarungang Pambarangay?
As provided under Section 409 of the Local the Government code, the rule on
venue are as follows:

Disputes between persons actually residing in the same barangay shall be

brought for amicable settlement before the Lupon of said barangay.
Those involving actual residents of different barangays within the same
city or municipality shall be brought in the barangay where the
respondent or any of the respondents actually resides, at the election of
the complaint.
All disputes involving real property or any interest therein shall be brought
in the barangay where the real property or the larger portion thereof is
situated.
Those arising at the workplace where the 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.
Objections to venue shall be raised in the mediation proceedings before
the Punong Barangay (Lupon Chairman); otherwise, they are deemed
waived. Any legal question which may confront the punong barangay in
resolving objections to venue may be submitted to the Secretary of
Justice, or his duly designated representative, whose ruling shall be

binding.
13.What is the nature of the proceeding in the Katarungang Pambarangay?
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 proprio or upon request of a party, exclude the public from the
proceedings in the interest of privacy, decency, or public morals. (Sec414
Local Government Code)
14.What is the effect of the amicable settlement arbitration award?
The amicable settlement and arbitration award shall have the force and effect
of a final judgment of a court upon the expiration of ten (10) days from the
date thereof, unless repudiation of the settlement has been made or a
petition to nullify the award has been filed before the proper city or municipal
court.

However, this provision shall not apply to court cases settled by the lupon
under the last paragraph of Section 408 of this Code, in which case the
compromise settlement agreed upon by the parties before the lupon
chairman or the pangkat chairman shall be submitted to the court and upon
approval thereof, have the force and effect of a judgment of said court. (Sec.
416 Local Government Code)
15.What is the period of execution of the amicable settlement or arbitration
award?
The amicable settlement or arbitration award shall have the force and effect
of a final judgment of a court upon expiration of ten (10) days thereof. (Sec
416 Local Government Code)

The settlement or award may be enforced by execution by the lupon will be

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. (Sec 417 Local Government Code)
16.When may a party repudiate the amicable settlement?
Any party to the dispute may, within ten (10) days from the date of the
settlement, repudiate the same by filing with the lupon chairman a statement
to that effect sworn to before him, 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 as hereinabove provided.
(Sec 418 Local Government Code)

17.What is the effect on failure to appear in the Barangay conciliation

proceedings?
As provided under Rule VI, Sec. 8 b, 1, Katarungang Pambarangay Circular
No. 1, the failure of a party has the following effects:

In case a party fails to appear for mediation, the Punong Barangay / Pangkat
Chairman shall set a date for the absent party/ies to appear before him to
explain the reason for the failure to appear.

If the Punong Barangay / Pangkat Chairman finds after hearing that the failure
or refusal of the complainant to appear is without justifiable reason, he shall
(1) dismiss the complaint; (2) direct the issuance of and attest to the
certification to bar the filing of the action in court or any government office;
and (3) apply with the local trial court for punishment of the recalcitrant party
as for indirect contempt of court.

In case of similar willful failure or refusal of the respondent to appear for

mediation before the Punong Barangay / Pangkat Chairman (as may be
applicable), the latter shall: (1) dismiss the respondent's counterclaim; (2)
direct the issuance of and attest to the certification (i) to bar the filing of
respondent's counterclaim in court/government office, and if already under
conciliation, (ii) to file complainant's action in court/government office; (3)
apply with the local trial court for punishment of the recalcitrant party as for
indirect contempt of court; and (4) if still under mediation, the Punong
Barangay shall set a date for the parties to appear before him for the
constitution of the Pangkat.

The Punong Barangay shall apply, in similar manner, for the punishment of a
recalcitrant witness who willfully fails or refuses to appear, as for indirect
contempt of court.

18.What is the effect on the prescriptive period of offenses upon filling a

complaint with the barangay?
While the dispute is under mediation, conciliation, or arbitration, the
prescriptive periods for offenses and cause of action under existing laws shall
be interrupted upon filing the complaint with the Punong Barangay. The
prescriptive periods shall resume upon receipt by the complainant of the
certificate of repudiation or of the certification to file action issued by the
Lupon or Pangkat Secretary. Such interruption, however, shall not exceed 60

days from said filing of the complaint.