PROCEDURE FOR SETTLING CONFLICTS AMICABLY

(The Punong barangay is himself the Lupon Chairman)

Any individual may complain (orally or in writing) to the Lupon Chairman upon payment of the appropriate filing fee.

(Note: Under Section 4, Rule V of the Katarungan Pambarangay Rules, the filinf fee is an amount not less that Php 5.00 and not more than Php 20.00)

The Lupon Chairman, within the next working day, summons the respondent(s), with notice to complainant(s), for them and their witnesses to appear for mediation.

(Note: If the complaint is fuled on a Friday, the next working day for the issuance of summons is the following Monday, because Satrudays, Sundays and Holidays are not working days.)

If mediation fails, the lupon chairman shall set a date for the constitution of the pangkat within fifteen (15) days from the first meeting of the parties before him. The pangkat shall convene not later than three (3) days from its constitution to hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable settlement. The pankat may issue summons.

(Note: The pangkat should exert all effortsw to forge an amicable settlement between the parties.)

To disqualify any member of the pangkat by reason of relationship, bias, interest, or any other similar grounds discovered after its constitution, the matter shall be resolved by the affirmative vote of the majority of the pangkat whose decision shall be final.

Filing up the resulting vacancy shall be made by the parties who shall choose the replacement from among the other lupon members. If there is a failure to agree on a common choice, the vacancy shall be filled by lot to be drawn by the lupon chairman.

Within fifteen (15) days from the day it convenes the pangkat shall arrive at a settlement or resolution. In clearly meritorious cases, the period shall be extendible for a period not to exceed fifteen (15) days.

(Note: Whether or not the extension of the period is meritorious depends on the circumstances surrounding each case.)

All amicable settlements shall be in writing, in a language or dialect known to the parties, signed by them, and attested by the lupon or the pangkat chairman. At any stage of the proceedings, the parties may agree in writing to submit the matter to arbitration and to abide by the arbitration award. The agreement to arbitrate may be repudiated within five (5) days from date theerof where consent is vitiated by fraud, violence or intimidation. The award shall be made after the lapse of 5 days from date thereof and within 10 days thereafter.

Thea arbitration award shall be in writing or in a language or dialect known to the parties.

Proceedings are open to the public except where in the interest of privacy, decency, or public morals, the public may be excluded from the proceedings. Parties must appear in person without assistance of counsel or representatives except for minors and incompetents who may be assisted by their next-of-kin who are not lawyers.

(Noted: If one of the parties is a lawyer, it is his right to personally appear during the proceedings.)

Amicable settlement or arbitration award may be enforced by execution by the lupon within six (6) months from date of settlement. Thereafter, by action in the appropriate city court. Any party may repudiate the settlement within ten (10) days from date thereof where the consent is vitiated by fraud, violence or intimidation. Such Repudiation is sufficient for the issuance of the certificate to file action in court.

With five (5) days from date of the award or from the lapse of the ten (10) day period repudiating the settlement, the secretary of the lupon shall transmit the settlement or arbitration award to the appropriate court, copy furnished the parties and lupon chairman.

When does an amicable settlement entered into by the parties pursuant to the Katarungan Pambarangay law become final and executory? - The amicable settlement becomes final and executory upon the expiration of ten (10) days from the date of the settlement unless it is repudiated or a petition for its nullification has been filed before the proper court. Is there any exception to the rule stated n the immediately preceding question and answer? - Yes, when the amicable settlement is entered into pursuant to the last paragraph of Section 408, RA 7160. (Note: Kindly refer to Q and A nos. 183 and 184) What is the remedy if the respondent fails or refuses to comply with the terms of Amicable Settlement which has become final and executory? - The prevailing party (usually the complainant) files a motion for execution before the office of the Punong Barangay who is also the Lupon Chairman. (See KP Form 25, Page Y, Appendix) What is a Writ of Execution? - Otherwise known as notice of Execution, it is an order issued by the Punong Barangay/Lupon Chairman for the satisfaction or enforcement of the terms of the Amicable Settlement. (See KP Form 26, Page AA, Apendix) Outline the procedure in the Enforcement of an Amicable Settlement which has become final and executory.

The disputant or complainant files a Motion for execution with the office of the Punong Barangay/Lupon Chairman;

(Note: The other party usually the respondent must be furnished with a copy of the Motion for Execution)

Upon receipt of the motion for Execution, the Punong bArangay shall set the motion for hearing on a date agreed to by the complainant which shall not be later than five (5) days from the date of the motion. The Punong Barangay shall immediately notify the other party of the hearing.

(See KP Form 26, Page Z, Appendix)

During the hearing, the Punong Barangay shall determine whether or not the terms of the Amicable Settlement have been complied with if he ascertains that there has been no compliance, he shall urge the party obliged, to voluntarily comply with the settlement within five (5) days from that hearing.

If after five (5) days, the party still does not comply with the settlement, the Punong Barangay shall issue a writ of Execution/Notice of Execution for the enforcement of the settlement. If the execution is for the payment of money, the party obliged is allowed a period of five (5) days to make VOLUNTARY payment. if after five (5) days, the party obliged still fails or refuses to pay, the punong barangay shall take possession of the personal property of the party obliged located in the barangay, and sell the same at public auction.

(Note: If the party obliged has sufficient property, he is given the right to point out which property shall be taken by the Punong Barangay ahead of the others.)

If the settlement is for the delivery of property located int he barangay, the Punong Barangay shall oust therefrom the person concerned and place the prevailing party in the possession thereof; If the property is located in another barangay of the same city, the Punong Barangay shall authorize the Punong Barangay of the barangay where the property is located to take possession of the property and thereafter act in accordance with the procedure in the immediately preceding paragraph.

If the settlement directs a party to execute a conveyance of land, or to deliver deeds, or to perform any other specific act and the party fails or refuses to comply, the Punong Barangay may direct the Lupon Secretary to perform the act at the cost of the disobedient party.

Where the settlement involves the payment of money, but payment is not made, and personal property is taken to be sold at public auction, what are the rules to be followed in the conduct of the public auction? (Note: The party obliged may prevent the sale by paying the amount required by the order/writ of execution)

1.

Notice must be given as follows: If the property is perishable, upon taking possession of said property, a written notice with the time and place of sale shall be immediately posted in three (3) public places in the barangay where the sale is to take place, for not less than twenty-four (24) hours prior to the sale;

2.

If the property is not perishable, upon taking possession thereof, by posting a similar notice, in three (3) public places in the barangay where the sale is to take place, for not less than five (5) nor more than ten (10) days; All sales of personal property must be made at public auction to the highest bidder between 8:00 AM and 5:00 PM at the place indicated in the notice. The party whose property has been taken may direct the order in which his property shall be sold. The property must be sold within view of those attending the sale. After sufficient property has been sold to satisfy the execution, no more shall be sold. The Punong Barangay, Lupon Secretary and any member of the Lupon concerned are prohibited from bidding or buying during the public auction. They are likewise prohibited from being interested directly or indirectly in the sale.

So much of proceeds of the sale shall be paid by the Punong Barangay as will satisfy the settlement. Any excess shall be delivered by the Punong Barangay to the party obliged. If the terms of the settlement have been fully satisfied, the Punong Barangay or the Barangay Secretary shall enter it into the records.