Case analysis

1. Bertong Bakal a shy and soft spoken ex-convict just released

from Bilibib Penal Colony returned to his house located at
Barangay Delata, Municipality of Abrelata only to find part of
lawn occupied by Samson Bato. He confronted Samson and
asked him to vacate the area but the latter refused. Thinking
that their confrontation might end to violence and a possible
return stint to the penal colony he decided to settle the issue
legally, he went to the barangay hall and sought the Punong
Barangay for advice.

If you were the Punong Barangay what advice will you give
to Bertong Bakal?
Explain the KP Procedure to Bertong Bakal.

Facts:
1.
2.
3.
4.
5.

Bertong Bakal is an ex convict

Part of his lawn was occupied by Samson Bato
That Samson Bato refused to vacate the area
That he sought the advice of the Punong Barangay

Issue/s:
1. What advice should be given to Bertong Bakal
2. How to explain the KP procedure to Bertong Bakal
Analysis:
The case involves an issue that is within the jurisdiction of the
Katarungang Pambarangay. Considering the background of Bertong
bakal, it is paramount that the KP process, its importance and
practicality be sufficiently and adequately explained to him. The
procedure for filing the complaint, the sending of notices and
summons,
the
repercussion
for
non
attendance
in
Mediation/conciliation
meeting,
the
mediation/conciliation
and
arbitration procedure as well as the duties and functions of the PB and
Pangkat under the KP procedure should be explained.

Recommendation:
1. As the PB I would advise Bertong Bakal to formally submit his
complaint before the Lupon for the needed and required
mediation/conciliation procedure for possible settlement or arbitration
of the issue/quarrel. I would advice Bertong Bakal that the prior
referral of the case to the Lupon is requirement before the same can
filed before the proper court.
2. As the PB, I would explain to Bertong Bakal the following KP
procedure:
a.

The filling of a complaint either verbal or written

with the barangay,

b.

The sending of notice of mediation hearing to the

complainant and summons to the respondent/s on the next
working day following the date of the filing of complaint;

c.

Mediation/conciliation meeting/s to be handled by

the PB. Shall not exceed 15 calendar days from first
meeting and execution of compromise agreement if
successful. Unjustified failure to attend the mediation
meeting shall result to the either the dismissal of the
complaint or issuance of a certificate to file action as well
as possible contempt charges against the non-complying
party.

d.

Conduct of arbitration proceedings if agreed upon by

parties and issuance of award.

e.

Constitution of the Pangkat

mediation by PB is unsuccessful

f.

Mediation /conciliation meeting/s by Pangkat (15

days) extendable to another 15 days execution of
compromise agreement if successful.

g.

Arbitration proceeding if agreed upon by parties and

issuance of award

h.

if mediation is unsuccessful
agreement is repudiated; issuance of
action by Pangkat

tagapagkasundo

if

or Compromise
certificate to file

2. Mayor Mel Tianmo is a newly elected official. Considering his

lack of experience in local governance, he went to the MLGOO to
discuss the preparation of the Municipalitys annual budget. He
asked the MLGOO on what is the budgetary process. If you were
the MLGOO how would you explain the same to the mayor?
Facts:

Mayor Mel Tianmo is a newly elected official.

Considering his lack of experience in local governance, he
went to the MLGOO