BARANGAY CONCILIATION

PROCEEDINGS

JOMER REALES
CIVIL PROCEDURE
AUGUST 15, 2015
OUTLINE OF THE PRESENTATION

Introduction
Constitution of the Lupon
Mediation through the Punong Barangay
Conciliation through the Pangkat Tagapagkasundo
Arbitration
Indigenous modes of dispute resolution
Introduction

RA 7160 or the Local Government Code of 1991

expanded the scope and powers of the Katarungang
Pambarangay or the Barangay Justice System designed
not merely to decongest the courts of cases but to
address inequalities in access to justice, particularly
experienced by marginalized communities.
The barangay being the basic political unit in the
country, is in the most strategic position to facilitate
resolution or mediation of community and family
disputes, alongside its mandate to deliver basic services.
Introduction

Objectives of Barangay Conciliation

Proceedings:
1. To promote the speedy administration of justice
2. To minimize the indiscriminate filing of cases in courts
3. To minimize the congestion of court dockets and thereby enhance
the quality of justice dispensed by the courts
4. To perpetuate and recognize the time-honored tradition of amicably
settling disputes at the community level.
Introduction

Supreme Court issued Administrative Circular No.

13-93 directing the courts to ensure compliance with
the requirements of prior recourse to the Barangay
Justice as a condition for filing a complaint in court
for cases that are covered by the system.
Constitution of the Lupon

Punong Barangay
Lupon members
Appointed by the Punong Barangay (exclusive prerogative)
No need for approval, confirmation or ratification of the
Sanguniang Barangay
Minimum of 10 and maximum of 20 lupon members

Qualifications of Lupon Members

Actual residents or working in the barangay
With the following qualities: Integrity, impartiality, independence,
fairness, reputation for probity, patience, resourcefulness, open-
mindedness and flexibility
Mediation Through the Punong Barangay

What if only one of the involved parties are from the

barangay?
The dispute will be settled in the barangay where the
respondents or one of the respondents reside at the choice of
the complainant

What if any of the involved parties is incompetent or

a minor?
He should be represented by a legal guardian or next of kin
who is not a lawyer.
Mediation Through the Punong Barangay

Can cases involving cooperatives or peoples

organization operating in the barangay be mediated
by the Punong Barangay?
No. A juridical person or corporation can not file a complaint
because it is not a party to amicable settlement.
Cases under Katarungang Pambarangay

What are the cases under the Katarungang

Pambarangay?
ALL DISPUTES, civil and criminal in nature where parties
actually reside in the same city or municipality are subjected to
proceedings of amicable settlement.
Cases under Katarungang Pambarangay

What other cases are exempted in katarungang pambarangay?

Where one party is the government, or any subdivision or instrumentality
thereof
Where one party is a public officer or employee and the dispute relates to the
performance of his official function
Where the dispute involves real properties located in different cities and
municipalities, unless the parties thereto agree to submit their difference to
amicable settlement by an appropriate Lupon
Any complaint by or against corporations, partnerships or juridical entities,
since only individuals shall be parties to barangay conciliation proceedings
either as complainants or respondents.
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.
Cases under Katarungang Pambarangay

What other cases are exempted in katarungang pambarangay?

Offenses for which the law prescribes a maximum penalty of imprisonment
exceeding one (1) year or a fine of over five thousand pesos (P5,000)
Offenses where there is no private offended party
Disputes where urgent legal action is necessary to prevent injustice from
being committed or further continued specifically the following
Criminal cases where accused is under police custody or detention
Petitions for habeas corpus by a person illegally deprived of his rightful custody
over another or a person illegally deprived of or on acting on his behalf.
Actions coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support during the pendency of the
action; and
Actions which may be barred by the Statute of Limitations
Cases under Katarungang Pambarangay

What other cases are exempted in katarungang

pambarangay?
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 arise from the Comprehensive Agrarian
Reform Law (CARL)
Labor disputes or controversies arising from employer-
employee relations.
Actions to annul judgment upon a compromise which may be
filed directly in court
Steps in Mediation Process

What is the first step in mediating cases?

The complainant will fill up a form. A minimal filing fee is
being charged and paid to the barangay treasurer.
Steps in Mediation Process

What is the next step after the complainant has paid the filing
fee?
The Punong Barangay should issue a notice of hearing to the complainant
and summon the respondent both of whom should appear in the office.

What if any of the parties failed to appear?

If the complainant cannot appear without justifiable cause, his complaint
will be dismissed and eventually he cannot file a case in court.
If the respondent cannot appear without justifiable cause, his
counterclaim if there is any, will be dismissed and he will be barred from
filing in court and be punished for indirect contempt of court.
If the respondent does not appear, the case will be referred to the Pangkat
Tagapagsundo
Steps in Mediation Process

The Punong Barangay will not resolve the case but will help the
parties resolve their case.
If parties agreed for a settlement, the agreement must be put
into writing in a language or dialect known to parties
After 10 days, the settlement will be executory nad it has the
force and effect of a decision of a court.
In case of fraud, threat or intimidation, any party can protest
the settlement within 10 days.
If mediation through punong barangay fails, the case will go to
a group of conciliators known and respected by both parties,
the Pangkat Tagapagsundo.
Conciliation Through the Pangkat Tagapagsundo

Pangkat Tagapagsundo is constituted by the Punong

Barangay within 15 days from the last day of the mediation
proceedings

Mediation and Conciliation processes are the same except

mediation is done by the Punong Barangay while the
conciliation is done by the pangkat headed by a chairperson.

The three members of the pangkat shall come from the Lupon
and will be chosen by both parties, the complainant and the
respondent.
Conciliation Through the Pangkat Tagapagsundo

What if the parties fail to agree on the pangkat

membership?
The Chairperson will determine the three members by drawing
lots to be distributed to the members of pangkat.

Note: Relationship, bias, interest of other similar grounds

discovered after the constitution of pangkat can be grounds for
disqualification of pangkat members. The pangkat shall resolve
the matter by majority vote. Its decision on this matter is final.
Conciliation Through the Pangkat Tagapagsundo

The Pangkat shall meet to hear both parties, explore

possibilities for amicable settlement within 15 days
which can be extended for another 15 days in a
meritorious case and issue subpoena of witnesses
whenever necessary.
Conciliation Through the Pangkat Tagapagsundo

What if any of the party fails to appear before the

pangkat?
The pangkat chairperson shall set a date for the absent party or
parties to appear before him to explain the reasons for his
failure to appear at the hearing
If the pangkat chairperson finds after hearing that the failure to
appear of the complainant is without justifiable reason he shall:
1. dismiss the complain
2. direct the issuance of and attest to the certification to bar the
filing of action in court or any government offices.
3. Apply with the local trial court for punishment of the recalcitrant
party for the indirect contempt of court.
Conciliation Through the Pangkat Tagapagsundo

For the respondent, the pangkat shall:

1. Dismiss the respondents counterclaim
2. Direct the issuance of and attest to the certification to bar the
filing of respondent counterclaim in court or government offices.
3. To bar the filing of respondent counterclaim in court or
government offices.
4. To file complainants action in court or any government office
and fill up form KP Form 20.
Conciliation Through the Pangkat Tagapagsundo

What happens next if the pangkat is successful in the

conciliation?
An amicable settlement shall be put into writing in a language or
dialect known to the parties.

What if there was no settlement between the parties,

despite all efforts to conciliate?
A certification to file action shall be filled up, attesting that no
conciliation has been reached as certified by the pangkat secretary
and signed by the Pangkat chairman. The certification to file
action shall be submitted to the corresponding court or
government office for filing of an appropriate case.
Execution of Award or Settlement

Execution shall issue upon the expiration of ten (10) days from
date of settlement or receipt of award.
The amicable settlement or award may be enforced by execution
by the Lupon within 6 months from date of the settlement or
date of receipt of the award or from the date the obligation
stipulated or adjudged in the settlement becomes due and
demandable. After the lapse of such time, the settlement or
award may be enforced by the appropriate local court pursuant
to the applicable provisions of the Rules of court.
The disputants may file a motion with the Punong Barangay,
copy furnished to the other disputants, for the execution of a
final settlement or award which has not been complied with.
Execution of Award or Settlement

The disputant must first file a motion for execution with Punong
Barangay.
The punong barangay conducts hearing on the date assigned by the
movant. Date shall not be later than 5 days from the filing of motion.
During the hearing, the punong barangay shall ascertain the facts for
the non-compliance of settlement and strongly encourage the party
obliged to comply with settlement.
After the lapse of 5 days with no voluntary compliance, the punong
barangay shall issue a notice of execution.
The actual execution may be in form of money. But in case of failure
to comply voluntarily with the settlement, the Punong Barangay shall
take possession of sufficient personal property of the party obliged.
The property can be sold and the proceeds applied to the amount.
Arbitration

Arbitration can take place at any stage of the

proceedings as long as both parties agree in writing to
abide by the arbitration award of the Lupon or the
pangkat. Either the Lupon Chairperson or Punong
Barangay or the Pangkat Chairperson can act as an
Arbitrator.
In arbitration, the arbitrator is given the power to
render decisions on the dispute with a prior
agreement of the parties to be bound by it. The parties
shall present evidence as to the facts and merits of the
case to the arbitrator.