Primordial Aim? Rule as to APPEARANCE of parties
1. reduce the number of court litigations 2. prevent the deterioration of quality of justice Rule as to appearance of lawyers w/c has been brought about by the indiscriminate filing of cases in courts Nature of amicable settlement/arbitration award - It has the force and effect of a final judgment of Nature of proceedings before the Lupon/Pangkat? a court upon the expiration of 10 days from the - NOT judicial proceedings. Not covered by BP date thereof, UNLESS: 129 or the Rules of Court. There’s no “brgy a. the settlement is REPUDIATED w/in 10days court”. b. petition to nullify the award has been filed
Adjudicatory powers of the Lupon/Pangkat Grounds for Repudiation, How
- No inherent adjudicatory power. - consent is vitiated by Fraud, Violence, - Lupon/Pangkat resolve disputes through Intimidation amicable settlement, conciliation & arbitration - file a statement to the Lupon Chairman - May exercise adjudicatory powers IF agreed upon by parties in writing. (Sec 411, 413) Effect of Repudiation - CFA may be issued GEN RULE on Brgy Conciliation in relation to filing of cases in court. Execution, How enforced - Section 412. No CPAP involving any matter w/in - Execution by the lupon – w/in 6months from the authority of the lupon shall be filed or the date of the settlement, date of receipt of instituted directly in court or any other govt award, or date the obligation stipulated in the office for adjudication, unless there has been a settlement/arbitration award becomes due and confrontation between the parties before the demandable. lupon chairman or the pangkat, and that NO XPN: if strict application of the period will be conciliation or settlement has been reached as arbitrary and unjust and contrary to the intent certified to by the lupon/pangkat secretary as of the law attested to by the lupon/pangkat chairman OR - By Filing an Action in appropriate city or unless the settlement has been repudiated by municipal court – after 6 months the parties thereto. ***NOTE: If not more than 300K, pwede sa Small Claims. EXCEPTIONS - Sec 408, A-G - Sec 412b 1-4, Sec 412 c
Effect of failing to undergo Brgy Conciliation when
the case falls w/in the lupon’s jurisdiction. - Ground for a MTD
Nature of Dismissal - “without prejudice” (Sec 408)
Remedy of plaintiff when case is dismissed
- COMPLY then REVIVE
2 ways of reviving the case:
- Before finality – by MOTION - After finality – by NEW action