Professional Documents
Culture Documents
!"#"$%&'"&'
(")*"$"&'"+
F H I L I F F I N F S C A N A D A L O C A L C O V F R N MF N T S U F F O R T F R O C R A M
!"#"$%&'"&' )"*+"$"&'",- . /"&0+112
3456748
MarIceI VIgo
Atty. MarIon ManueI, SALICAN
679/:59.; .:< 7<56=45.; 67.>
Atty. MarIon ManueI, SALICAN
DIvIna Lopez, LCSF
Myn CarcIa, LCSF
VIc AIIaro, LCSF
Fdgar CataIan, LCSF
RaIssa }ajurIe, SALICAN MIndanao
Raymond SaIas, SALICAN MIndanao
FedrIto Acosta, RegIon 12
LIza deI Norte, IFHC
AIIan CarpIo, RCFD
5;;?864.65=:8 .:< 9=@74 <785A:
ArnoId eroya
.46 <547965=: .:< ;.B=?6
AIecks F. FabIcoJDIsenyong MagIIas
A H A N D O O K
!"#"$%&'"&'
(")*"$"&'"+
!"#"$%&'"&' )"*+"$"&'",: . /"&0+112
CopyrIght 2004 FhIIIppInesCanada LocaI Covernment
Support Frogram (LCSF)
AII rIghts reserved
The FhIIIppInes Canada LocaI Covernment Support
Frogram (LCSF) encourages the use, transIatIon, and
adaptatIon and copyIng oI thIs materIaI Ior noncommercIaI
use, wIth approprIate credIt gIven to LCSF.
AIthough reasonabIe care has been taken In the
preparatIon oI thIs handbook, neIther the pubIIsher andJor
contrIbutor andJor wrIter can accept any IIabIIIty Ior any
consequence arIsIng Irom the use thereoI or Irom any
InIormatIon contaIned hereIn.
ISN 971929S201
FrInted and bound In ManIIa, FhIIIppInes
FubIIshed by:
8C&#$1 &' .D#C$&"#E+1&' ;E&'"F )"&DE'"D G8.;5A.:H
1JF HoIIner Idg., SocIaI DeveIopment CompIex
Ateneo de ManIIa UnIversIty, LoyoIa HeIghts, 1108
Quezon CIty, FhIIIppInes
(632) 4266001 IocaI 48S8 or 4860
)IEDEFFE&CJK9"&"0" ;1L"D A1MC$&*C&# 8%FF1$#
)$1'$"* G;A8)H
UnIt 1S07 }oIIIbee FIaza
FmeraId Avenue, 1600 FasIg CIty, FhIIIppInes
(632) 637 3S1113
www.Igsp.org.ph
ThIs project was undertaken wIth the IInancIaI support oI
the Covernment oI Canada provIded through the CanadIan
InternatIonaI DeveIopment Agency (CIDA).
IMFLFMFNTFD Y
A }OINT FRO}FCT OF
AgrIteam Canada
www.agrIteam.ca
FederatIon oI CanadIan
MunIcIpaIItIes (FCM)
www.Icm.ca
Department oI the InterIor
and LocaI Covernment (DILC)
NatIonaI FconomIc and
DeveIopment AuthorIty (NFDA)
CanadIan InternatIonaI
DeveIopment Agency
Frogramme de soutIen aux
gouvernments Iocaux
PHILIPPINES-CANADA
LOCAL GOVERNMENT
SUPPORT PROGRAM
Foreword
AcknowIedgements
FreIace
DeIInItIon oI Terms
IntroductIon
).46 N- .96?.; )4=978878
Chapter 1 - ConstItutIon oI the !"#$%
Chapter 2 - MedIatIon through
the &"%$%' )*+*%'*,
Chapter 3 - ConcIIIatIon through
the &*%'-*. /*'*#*'-*0"%1$
Chapter 4 - ArbItratIon
Chapter S - IndIgenous Modes oI DIspute
ResoIutIon
).46 O- P7:7Q568R 5:97:65@78 .:< .3.4<8
Chapter 1 - SchoIarshIps
Chapter 2 - IncentIves and Awards
Annexes - 2*.*+"%'*%' &*34*+*%'*, Forms
KF Form # 1
KF Form # 2
KF Form # 3
KF Form # 4
KF Form # S
KF Form # 6
KF Form # 7
KF Form # 8
KF Form # 9
KF Form # 10
KF Form # 11
KF Form # 12
KF Form #13
KF Form #14
,-&#.&#/
vII
Ix
xI
xIII
1
9
20
33
S2
S8
69
73
NotIce to ConstItute the !"#$%
AppoIntment Letter
NotIce oI AppoIntment
LIst oI AppoInted !"#$% Members
!"#$% Member Oath Statement
WIthdrawaI oI AppoIntment
CompIaInant's Form
NotIce oI HearIng
Summon Ior the Respondent
NotIce Ior ConstItutIon oI &*%'-*.
NotIce to Chosen &*%'-*. Member
NotIce oI HearIng (ConcIIIatIon
FroceedIngs)
Subpoena Letter
Agreement Ior ArbItratIon
KF Form # 1S
KF Form # 16
KF Form # 17
KF Form # 18
KF Form # 19
KF Form # 20
KF Form # 21
KF Form # 22
KF Form # 23
KF Form # 24
KF Form # 2S
KF Form # 26
KF Form # 27
KF Form # 28
ArbItratIon Award
AmIcabIe SettIement
RepudIatIon
NotIce oI HearIng Ior CompIaInant
NotIce oI HearIng Ior Respondent
CertIIIcatIon to FIIe ActIon (Irom
!"#$% Secretary)
CertIIIcatIon to FIIe ActIon (Irom
&*%'-*. Secretary)
CertIIIcatIon to FIIe ActIon
CertIIIcatIon to ar ActIon
CertIIIcatIon to ar CountercIaIm
MotIon Ior FxecutIon
NotIce oI HearIng (Re: MotIon Ior
FxecutIon
NotIce oI FxecutIon
MonthIy TransmIttaI oI FInaI Reports
KATARUNGANG PAMBARANGAY
IT has aIways been a source oI prIde Ior us In the
Department oI the InterIor and LocaI Covernment to
bear wItness to outstandIng InItIatIves oI partners In
IocaI governance. We are thereIore pIeased to
acknowIedge the Iatest pubIIcatIon oI the FhIIIppInes
Canada LocaI Covernment Support Frogram (LCSF),
2*.*+"%'*%' &*34*+*%'*,5 6 7*%14$$-.
RepubIIc Act 7160, otherwIse known as the 1991
LocaI Covernment Code, gIves barangays the
mandate to enIorce peace and order and provIde
support Ior the eIIectIve enIorcement oI human
rIghts and justIce. DecentraIIzatIon has IacIIItated the
recognItIon oI the 2*.*+"%'*%' &*34*+*%'*, or
arangay }ustIce System as an aIternatIve venue Ior
the resoIutIon oI dIsputes. The chaIIenge IacIng IocaI
governments now Is to maxImIze and harness the
-*.*+"%'*%' #*34*+*%'*, as one oI the most
vaIuabIe mechanIsms avaIIabIe In admInIsterIng
justIce, advancIng human rIghts protectIon and
resoIvIng andJor medIatIng conIIIct at the barangay
IeveI through nonadversarIaI means.
2*.*+"%'*%' &*34*+*%'*,5 6 7*%14$$-
provIdes IocaI governments an easytouse tooI wIth
whIch to take up thIs chaIIenge. It IIIIs the need to
Increase the awareness and understandIng oI
-*.*+"%'*%' #*34*+*%'*, and Its vaIue as an
empowerIng and aIternatIve tooI Ior the resoIutIon oI
communIty and IamIIy dIsputes at the barangay
IeveI. WIth the IastevoIvIng demand Ior access to
justIce, there Is a need to utIIIze thIs mechanIsm
more strategIcaIIy and proactIveIy as a way to
promote peace at the grassroots. The &"%$%'
)*+*%'*, (arangay Heads), members oI the !"#$%'
/*'*#*3*,*#* (Feace CouncII) and communItIes wIII
0-$.1-$2
vii
A HANDBOOK
beneIIt greatIy Irom thIs pubIIcatIon. Moreover,
deveIopment workers, the academe and non
governmentaI and peopIe's organIzatIons wIII aIso
IInd thIs handbook useIuI In theIr work on barangay
justIce.
ThIs undertakIng compIements the eIIorts oI the
DILC to popuIarIze and maInstream governance
knowIedge products through the LocaI Covernment
Academy and the agency's regIonaI IearnIng centers.
The handbook provIdes a means Ior Improved
access to dIspute resoIutIons and wIII go a Iong way
towards enhancIng knowIedge on and strengthenIng
barangay governance and justIce. The DILC,
thereIore, congratuIates the FhIIIppInesCanada LocaI
Covernment Support Frogram Ior Its commItment
and meanIngIuI contrIbutIons to promotIng
exceIIence In barangay governance as an IntegraI
eIement oI good, responsIve and accountabIe IocaI
governance.
/=:S T=87 <S ;5:. T4S
Secretary
Department oI the InterIor and LocaI Covernment
viii
KATARUNGANG PAMBARANGAY
THF support, coIIaboratIon and creatIve contrIbutIons
oI the IoIIowIng IndIvIduaIs and InstItutIons are
InvaIuabIe and were essentIaI to the compIetIon oI
thIs pubIIcatIon:
The FhIIIppInesCanada LocaI Covernment Support
Frogram Ied by AIIx YuIe and MarIon Maceda
VIIIanueva Ior provIdIng the necessary dIrectIon and
support
The Sentro ng AIternatIbong LIngap FanIIgaI
(SALICAN), especIaIIy Atty. MarIon }. ManueI, Ior theIr
partnershIp
MarIceI VIgo Ior the overaII wrIteup and exceIIent
technIcaI contrIbutIon
LCSF Area Managers Tess Cajo, MerIInda HusseIn,
FveIyn }Iz and LCSF Frogram OIIIcers nameIy VIc
AIIaro, Fdgar CataIan, AbduIjIm Hassan and CrIs
Tagupa Ior theIr InvaIuabIe coIIaboratIon
LCSF LocaI Resource Fartners RaIssa }ajurIe and
Raymond SaIas oI SALICAN MIndanao, FedrIto Acosta
(Reg 12), LIza deI Norte oI InstItute oI FrImary HeaIth
Care (IFHC), AIIan CarpIo oI Resource Center Ior
Fmpowerment and DeveIopment (RCFD) Ior theIr
technIcaI contrIbutIon
DIvIna Luz Lopez Ior her overaII project management
and technIcaI expertIse In ensurIng the quaIIty oI thIs
pubIIcatIon
Myn CarcIa Ior provIdIng technIcaI and creatIve
dIrectIon, and overaII supervIsIon oI the desIgn,
Iayout and productIon
",!&-13.2'.).&#/
ix
A HANDBOOK
ArnoId eroya Ior the IIIustratIons and AIecks FabIco
Ior Iayout and overaII art dIrectIon
Raymond OIIveros, }anIIo RubIato and Tess
TajanIangIt Ior the transIatIon oI the handbook to
/*'*8$', 9:4"*%$ and ;8$%''$, respectIveIy
RIa Adapon and SeI Carandang Ior overaII
coordInatIon and edItorIaI work
CIgI arazon and the rest oI the LCSF admInIstratIve
staII Ior provIdIng support.
x
KATARUNGANG PAMBARANGAY
26/6<=>?6>? &*34*+*%'*,5 6 7*%14$$- Is the
Iatest pubIIcatIon oI the FhIIIppInesCanada LocaI
Covernment Support Frogram (LCSF) as part oI Its
mandate to maInstream eIIectIve and responsIve
barangay governance.
RepubIIc Act 7160 or the LocaI Covernment Code
oI 1991 expanded the scope and powers oI the
2*.*+"%'*%' &*34*+*%'*, or the arangay }ustIce
System desIgned not mereIy to decongest the courts
oI cases but to address InequaIItIes In access to
justIce, partIcuIarIy experIenced by margInaIIzed
communItIes. The barangays, beIng the basIc
poIItIcaI unIt In the country, Is In the most strategIc
posItIon to IacIIItate resoIutIon or medIatIon oI
communIty and IamIIy dIsputes, aIongsIde Its
mandate to deIIver basIc servIces.
In empowerIng IocaI government unIts In Western
VIsayas and MIndanao, LCSF has desIgned InItIatIves
that strengthen barangay governance, IncIudIng
enhancIng and maInstreamIng the use oI and access
to the barangay justIce system. The 2*.*+"%'*%'
&*34*+*%'*,5 6 7*%14$$- was desIgned to provIde
a userIrIendIy, easy to read and sImpIe tooI to
promote the knowIedge oI the -*.*+"%'*%'
#*34*+*%'*, as an eIIectIve aIternatIve mechanIsm
Ior dIspute resoIutIon.
ThIs handbook aIms to Increase the
understandIng oI the &"%$%' )*+*%'*,0 (barangay
heads) and members oI the !"#$%' /*'*#*3*,*#*
(arangay Feace CouncII) on the processes and
procedures oI the barangay justIce system to enabIe
them to maxImIze Its use In theIr communItIes. It Is
aIso Intended to provIde a practIcaI overvIew Ior the
($.0",.
xi
A HANDBOOK
members oI the communItIes - paraIegaIs, non
government and peopIe's organIzatIons - regardIng
the roIe and beneIIts oI the -*.*+"%'*%'
#*34*+*%'*, In theIr IIves.
y doIng so, LCSF hopes that It wouId somehow
make a dIIIerence In peopIe's IIves by contrIbutIng to
a better understandIng and strategIc admInIstratIon
oI the barangay justIce system. 2*.*+"%'*%'
&*34*+*%'*,5 6 7*%14$$- Is a modest contrIbutIon
to creatIng greater awareness oI an aIternatIve to
what can be an eIItIst and compIex IegaI system,
oIten characterIzed by an arduous IegaI process. ThIs
pubIIcatIon Is a way to empower grassroots
communItIes to exact theIr basIc rIghts and provIde
them a vIabIe way to do so.
The FhIIIppInesCanada LocaI Covernment
Support Frogram
xii
KATARUNGANG PAMBARANGAY
.0U%0EL"#E1& Is the power oI courts or quasIjudIcIaI
agencIes to decIde cases IIIed beIore them and
IaIIIng wIthIn theIr jurIsdIctIon.
.*EL"+DC 8C##DC*C&# Is an agreement reached
durIng medIatIon and concIIIatIon proceedIngs.
.$+E#$"#E1& Is a process whereIn the thIrd party
Irom outsIde the judIcIaI system Is chosen by partIes
to hear and decIde theIr dIspute.
.$+E#$"#E1& .V"$0 Is the decIsIon reached by eIther
the 8"#$% chaIrperson or #*%'-*., as the case may
be, upon prIor agreement In wrItIng by the parItes to
a dIspute Ior the adjudIcators to resoIve It.
.##"LI*C&# Is a provIsIonaI remedy In the Iorm oI
an order Issued by a judge beIore whom the case Is
pendIng by whIch the property Is taken Into IegaI
custody as securIty Ior satIsIactIon oI a judgment
obtaIned by the prevaIIIng party, eIther at the
commencement oI the actIon or any tIme aIter the
IIIIng oI the case beIore the IInaI judgment
91*FD"E&"&# - pIaIntIII
91*FD"E&# Is a concIse statement oI uItImate Iacts
constItutIng the pIaIntIII's cause and causes oI
actIon.
91&LEDE"#E1& Is a process whereIn the &*%'-*.
Iorgoes the power to decIde or recommend but assIst
the partIes to IsoIate Issues and optIons to reach a
settIement by consensus that joIntIy satIsIIes theIr
needs
2.04&4#4-& -0 #.$)/
xiii
A HANDBOOK
<CDEMC$, 1W )C$J1&"D )$1FC$#, (4CFDCME&H Is
provIsIonaI remedy by whIch a judge beIore whom
an actIon Is pendIng Ior the recovery oI personaI
property Issues an order Ior the deIIvery oI such
property to the movant or the party IIIIng the petItIon
upon IIIIng oI a bond to guarantee Its return or to
answer Ior the damages.
7XCL%#E1& Is the process oI exactIng satIsIactIon Ior
on or both oI the partIes through compuIsory or
coercIve means. It entaIIs the enIorcement oI the
terms oI the amIcabIe settIement or arbItratIon award
In so Iar as thIs may enjoIn or command any oI the
partIes to perIorm an act, gIve somethIng or reIraIn
Irom doIng some act
/"+C"J 91$F%J Is a judIcIaI proceedIng Ior the
purpose oI reIeasIng a person who Is IIIegaIIy
deprIved oI IIberty or restorIng rIghtIuI custody to
the person who has been deprIved oI.
5&L1*FC#C&# means a person who Is suIIerIng the
penaIty oI cIvII InterdIctIon; or who Is a hospItaIIzed
Ieper, prodIgaI, deaI and dumb who Is unabIe to
communIcate; one who Is oI unsound mInd, even
though he has a IucId IntervaIs and a person not
beIng unsound mInd but by reason oI age, dIsease,
weak mInd, and other sImIIar causes, cannot,
wIthout outsIde aId, take care oI hImseII and mange
hIs property, becomIng thereby an easy prey Ior
deceIt and expIoItatIon.
T%$EJ0EL#E1& Is an authorIty to hear and decIde a
case and gIven by Iaw and cannot be agreed by the
partIes
!"#"$%&'"&' P"$"&'", (!)) Is a system oI justIce
admInIstered at the barangay IeveI Ior the purpose oI
amIcabIe settIIng dIsputes through medIatIon,
concIIIatIon or abItratIon among the IamIIy or
barangay wIthout resortIng to the courts.
xiv
KATARUNGANG PAMBARANGAY
;%F1&' 6"'"F"*","F" (;%F1&) Is a body
organIzed In every barangay composed oI &"%$%'
)*+*%'*, as the chaIrperson and not Iess than ten
(10) and more than twenty Irom whIch the members
oI every &*%'-*. shaII be chosen.
>C0E"#E1& Is a process whereIn the !"#$%
chaIrperson or arangay ChaIrperson assIsts the
dIsputIng partIes to reach a settIement by consensus
that joIntIy satIsIIes theIr needs.
>E&1$ Is a person beIow eIghteen (18) years oI age.
:CX# 1W !E& Is an IndIvIduaI who Is a reIatIve or a
responsIbIe IrIend wIth whom the mInor or
Incompetent IIves
)"&'2"# 6"'"F"'2"J%&01 ()"&'2"#) Is a
concIIIatIon paneI constItuted Irom the !"#$%
membershIp Ior every dIspute brought beIore the
!"#$% consIstIng oI three (3) members aIter the
&"%$%' )*+*%'*, has IaIIed In hIs medIatIon eIIorts.
)$CDE*E&"$, E&U%&L#E1& Is a provIsIonaI remedy In
the Iorm oI an order Issued by a judge beIore whom
the case Is pendIng at any stage beIore the IInaI
judgment requIrIng a person to reIraIn Irom a
partIcuIar act.
4CF%0E"#E1& Is an act oI rejectIng the vaIIdIty or
reIusIng to accept the terms and condItIons oI
agreement on the ground oI vItIatIon oI consent by
Iraud, vIoIence or IntImIdatIon.
4CJF1&0C&# - deIendant
8#"#%#C 1W ;E*E#"#E1&J Is the Iaw whIch bars or
does not aIIow the InstItutIon or IIIIng oI an actIon or
case agaInst another aIter the expIratIon oI the
perIod prescrIbe d Ior such actIon or oIIense
8%FF1$# )C&0C&#C ;E#C Is a provIsIonaI remedy In a
xv
A HANDBOOK
Iorm oI an order Issued by a judge beIore whom the
case Is pendIng grantIng aIIowance, dweIIIng,
cIothIng, educatIon and medIcaI attendance to the
person entItIed thereoI.
@C&%C Is the pIace where the case Is to be heard and
decIded. ThIs Is not IIxed by Iaw except In crImInaI
cases, and can be agreed upon by the partIes.
xvi
!"#$%&'(#!%"
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70.8-/2. 62/@22) 42462&. %; /:2 .(42 1%44-)0/+
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%& /:2 J%1(9 K%?2&)42)/ L%72 %; GMMG= N&0%& /% /:0.
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70.82).27 6+ /:2 1%-&/.
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1%44-)0/+ 92?29
2
A HANDBOOK
!:2.2 .(42 %6T21/0?2. (&2 ./(/27 0) /:2
!"#"$%&'"&' )"*+"$"&'", D-92. /:(/ @2&2
8&%4-9*(/27 6+ /:2 O28(&/42)/ %; ,-./012 %) ,-)2 G<
GMMY< 8-&.-()/ /% /:2 4()7(/2 %; /:2 J%1(9
K%?2&)42)/ L%72= !:2.2 &-92. .2&?2 (. /:2
0489242)/0)* &-92. ;%& /:2 8&%?0.0%). %; /:2 J%1(9
K%?2&)42)/ L%72 %) /:2 2./(690.:42)/<
(740)0./&(/0%)< ()7 %82&(/0%) %; /:2 '(&()*(+ ,-./012
3+./24=
Z)72& /:2 '(&()*(+ ,-./012 3+./24< /:2 4(0)
./&(/2*+ ;%& .2//90)* 70.8-/2. 0. /% 8&%?072 ( ?2)-2
;%& /:2 70.8-/0)* 8(&/02. /% .2(&1: ;%& ( .%9-/0%) /:(/
0. 4-/-(99+ (1128/(692= "2)12< /:2 8&04(&+ &%92 %;
/:2 .+./24 0. )%/ /% 721072 70.8-/2. ()7 048%.2 (
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3 KATARUNGANG PAMBARANGAY
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4
A HANDBOOK
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5 KATARUNGANG PAMBARANGAY
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6
A HANDBOOK
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N > D ! _ E #
)(#')*
+$)(#!(,-
THANK YOU. ACTUALLY, I CAME
TO ASK SOME QUESTIONS
REGARDING THE ADMINISTRA-
TION OF THE
BARANGAY
JUSTICE
SYSTEM IN
OUR
BARANGAY.
WELL, YOU HAVE COME
TO THE RIGHT
PERSON, SIT
DOWN AND
HAVE SOME
COFFEE.
YOU KNOW CELIA, BARANGAY JUSTICE OR
!"#"$%&'"&' )"*+"$"&'", IS ONE
IMPORTANT SYSTEM IN OUR BARANGAY TO
RESOLVE DISPUTES FAIRLY AND SPEEDILY.
THIS IS A SALIENT PART OF THE
BARANGAYS FUNCTION TO PROMOTE
PEACE AND HARMONIOUS RELATIONSHIPS
AMONG COMMUNITY MEMBERS. THIS IS
ALSO IN RECOGNITION OF THE CAPACITY
OF THE BARANGAY AND ITS LEADERS TO
FACILITATE THE SETTLEMENT AND
RESOLUTION OF DISPUTES AT THEIR LEVEL.
HELLO. GOOD MORNING,
TOO. CONGRATULATIONS
TO THE NEW PUNONG
BARANGAY OF BAGONG
DIWA. WHAT CAN I DO
FOR YOU?
GOOD MORNING, KAPITAN PEDRING.
-.&/#0#%#0.& .1 #23 4%).&
C H A F T F R O N F
ONE MORNING
IN BARANGAY
PAG-ASA...
10
A HANDBOOK
HE/SHE CAN BE CHARGED
OF NEGLECT OF DUTY
AND BE SUBJECTED TO
ADMINISTRATIVE
SANCTIONS.
WHAT IF THE PUNONG
BARANGAY FAILS TO
ORGANIZE THE LUPON?
REALLY? WHEN AND HOW
CAN I CONSTITUTE THE
LUPON?
WITHIN FIFTEEN (56)
DAYS FROM THE START
OF OUR TERM AS
PUNONG BARANGAY, WE
SHOULD ISSUE A NOTICE
TO CONSTITUTE THE
LUPON AND PREPARE THE
LIST OF THE NAMES OF
PROPOSED LUPON
MEMBERS.
A MINIMUM OF TEN
AND A MAXIMUM OF
TWENTY PERSONS.
HOW MANY PEOPLE
SHOULD I INCLUDE
IN THE LIST?
I SEE. BUT IS IT ONLY THE PUNONG
BARANGAY WHO HAS THE AUTHORITY TO
CONSTITUTE THE LUPON?
YES, THE PUNONG BARANGAY CAN
APPOINT THE LUPON MEMBERS. IT
IS HIS/HER EXCLUSIVE
PREROGATIVE NO NEED FOR APPROVAL,
CONFIRMATION OR RATIFICATION OF THE
SANGGUNIANG BARANGAY.
11
KATARUNGANG PAMBARANGAY
WHO ARE QUALIFIED TO BE MEMBERS OF THE
LUPON?
ANYBODY WHO IS AN ACTUAL RESIDENT
OR WORKING IN THE BARANGAY, OF
LEGAL AGE AND POSSESSES THE FOLLOWING
QUALITIES: INTEGRITY, IMPARTIALITY, INDEPENDENCE,
FAIRNESS, REPUTATION FOR PROBITY, PATIENCE,
RESOURCEFULNESS, OPEN-MINDEDNESS AND
FLEXIBILITY, CAN BE A MEMBER OF THE LUPON.
!"#$%&%'( #* $"+,-
.'./'0*
ACTUAL RFSIDFNTSJ
WORKINC IN THF
ARANCAY
OF LFCAL ACF
WITH THF FOLLOWINC
QUALITIFS:
INTFCRITY,
IMFARTIALITY,
INDFFFNDFNCF,
FAIRNFSS,
RFFUTATION FOR
FROITY,
FATIFNCF,
RFSOURCFFULNFSS,
OFFNMINDFDNFSS
FLFXIILITY
(%*!"#$%&%'( 1, /'
$"+,- .'./'0*
FLOW 23 YRS OF ACF
INCOMFFTFNT
CONVICTFD OF A CRIMF
CARRYINC WITH IT
FFNALTIFS OF FFRFFTUAL
OR TFMFORARY
DISQUALIFICATION FROM
HOLDINC FULIC OFFICF
FLFCTFD COVFRNMFNT
OFFICIAL
MFMFR OF ARMFD
FORCFS WHO IS IN THF
ACTIVF SFRVICF
12
A HANDBOOK
THIS NOTICE SHALL BE POSTED IN THREE
CONSPICUOUS OR STRATEGIC PLACES
WITHIN THE BARANGAY. THE NOTICE
SHALL CONTAIN AN INVITATION TO ALL
BARANGAY MEMBERS TO ENDORSE OR
OPPOSE THE PROPOSED
APPOINTMENT OF ANY PERSON/S
INCLUDED IN THE LIST. THE
RECOMMENDATION SHALL BE MADE WITHIN THE PERIOD
OF POSTING FOR THREE WEEKS.
YOUR SECRETARY, WHO IS
ALSO THE CONCURRENT
SECRETARY OF LUPON,
SHALL PREPARE A NOTICE
TO CONSTITUTE THE
LUPON USING !) 1.$* 5.
AFTER IDENTIFYING THE
10-20 MEMBERS OF MY
LUPON, WHAT ARE THE
NEXT STEPS?
AFTER THAT,
WHERE SHALL
WE PUT THE
NOTICE?
13
KATARUNGANG PAMBARANGAY
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE PUNONG BARANGAY
, 20
!"#$%& #" %"!(#$#)#& #*& +),"!
To All Barangay Members and All Other Persons Concerned:
In compliance with Section 1(a), Chapter 7, Title One, Book III, Local
Government Code oI 1991 (Republic Act No. 7160), oI the Katarungang
Pambarangay Law, notice is hereby given to constitute the Lupong
Tagapamayapa oI this Barangay. The persons I am considering Ior
appointment are the Iollowing:
1. 13.
2. 14.
3. 15.
4. 16.
5. 17.
6. 18.
7. 19.
8. 20.
9. 21.
10. 22.
11. 23.
12. 24.
25.
They have been chosen on the basis oI their suitability Ior the task oI
conciliation considering their integrity, impartiality, independence oI mind,
sense oI Iairness and reputation Ior probity in view oI their age, social
standing in the community, tact, patience, resourceIulness, Ilexibility, open
mindedness and other relevant Iactors. The law provides that only those
actually residing or working in the barangay who are not expressly
disqualiIied by law are qualiIied to be appointed as Lupon members.
All persons are hereby enjoined to immediately inIorm me and oI their
opposition to or endorsement oI any or all the proposed members or
recommend to me other persons not included in the list but not later than the
day oI , 20 (the last day Ior posting this notice).
Punong Barangay
IMPORTANT: This notice is required to be posted in three (3) conspicuous
places in the barangay Ior at least three (3) weeks
WARNING: Tearing or deIacing this notice shall be subject to punishment
according to law.
4+ &,0. 5 26 -,1%7' 1, 7,-*1%1"1' 18' !"#$%
14
A HANDBOOK
YES, KAPITANA. AND TEN DAYS AFTER THE
LAST DAY OF POSTING, YOU
SHALL PUT IN WRITING
YOUR APPOINTMENT OF
YOUR LUPON MEMBERS
USING !) 1.$* 7, DULY SIGNED BY THE
PUNONG BARANGAY AND ATTESTED BY THE
BARANGAY SECRETARY.
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE PUNONG BARANGAY
, 20
(Date)
-,,"$!#.&!#
TO:
Pursuant to Chapter 7, Title One, Book III, Local Government Code oI 1991
(Republic Act No. 7160), you are hereby appointed MEMBER oI the
Lupong Tagapamayapa oI this Barangay eIIective upon taking your oath oI
oIIice and until a new Lupon is constituted on the third year Iollowing your
appointment.
Punong Barangay
ATTESTED:
Barangay Secretary
4+ &,0. 5 96 #++,%-1.'-1 $'11'0
YOU MEAN, ANY MEMBER OF MY
BARANGAY CAN PROTEST OR
RECOMMEND SOMEBODY FROM THE
BARANGAY?
THE NEWLY APPOINTED LUPON
MEMBERS SHALL TAKE THEIR OATH
IMMEDIATELY BEFORE YOU AS
PUNONG BARANGAY USING !)
1.$* 6.
STFF 1: DetermInIng the actuaI number
oI !"#$% Members
STFF 2: FreparIng a notIce to constItute the !"#$%
STFF 3: FostIng the notIce to constItute the !"#$%
STFF 4: AppoIntment oI !"#$% Members
STFF S: Oath takIng oI !"#$% members
STFF 6: FostIng
*%: *1'+* 1, 7,-*1%1"1'
18' $"+,-
AFTER THEIR
OATH TO OFFICE,
WHAT WILL I
DO NEXT?
THE LIST OF APPOINTED
LUPON MEMBERS SHALL
BE POSTED IN THREE
STRATEGIC AND HIGHLY
VISIBLE PLACES IN
THE BARANGAY.
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE PUNONG BARANGAY
"-#* "/ "//$%&
Pursuant to Chapter 7, Title One, Book II, Local Government Code oI 1991
(Republic Act No. 7160), I , being duly qualiIied and
having been duly appointed MEMBER oI the Lupong Tagapamayapa oI this
Barangay, do hereby solemnly swear (or aIIirm) that I will IaithIully and
conscientiously discharge to the best oI my ability, my duties and Iunctions as
such member and as member oI the Pangkat ng Tagapagkasundo in which I
may be chosen to serve; that I will bear true Iaith and allegiance to the
Republic oI the Philippines; that I will support and deIend its Constitution and
obey the laws, legal orders and decrees promulgated by its duly constituted
authorities; and that I voluntarily impose upon myselI this obligation without
any mental reservation or purpose oI evasion.
SO HELP ME GOD. (In case oI aIIirmation the last sentence will be omitted.)
Member
SUBSCRIBED AND SWORN to (or AFFIRMED) beIore me this day
oI , 20.
Punong Barangay
4+ &,0. 5 ;6 !"#$% .'./'0 ,#18 *1#1'.'-1
16
A HANDBOOK
WHAT IS THE
TERM OF OFFICE
OF EACH LUPON
MEMBER?
ARE THE LUPON
MEMBERS
ENTITLED TO
SOME
COMPENSATION?
DO THEY HAVE
BENEFITS DUE
TO THEM?
UPON APPOINTMENT, EACH
LUPON MEMBER SHALL SERVE
FOR THREE (3) YEARS UNLESS
TERMINATED BY DEATH,
RESIGNATION, TRANSFER OF
RESIDENCE OR PLACE OF WORK,
OR WITHDRAWAL OF
APPOINTMENT BY THE PUNONG
BARANGAY. HOWEVER, THE
WITHDRAWAL SHOULD BE
CONCURRED WITH A MAJORITY
OF ALL THE MEMBERS OF
LUPON. (SEE !) 1.$* 8)
THE LUPON MEMBERS SHALL
SERVE WITHOUT ANY
COMPENSATION. IF THE
BARANGAY HAS ENOUGH
FUNDS, WE CAN ALWAYS GIVE
HONORARIA TO LUPON
MEMBERS WHO HAVE
PARTICIPATED IN THE
RESOLUTION OF A PARTICULAR
CASE. ON THE OTHER HAND,
UNDER COMMISSION ON
HIGHER EDUCATION (CHED)
ORDER 62 SERIES OF 1997,
TWO DAUGHTERS OR SONS OF
A LUPON MEMBER ARE
QUALIFIED TO BECOME A
STATE SCHOLAR IN TERTIARY
EDUCATION TO ANY STATE
COLLEGES OR UNIVERSITIES.
17
KATARUNGANG PAMBARANGAY
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
, 20
(Date)
0$#*12-0-+ "/ -,,"$!#.&!#
TO:
AIter due hearing and with the concurrence oI a majority oI all the Lupong
Tagapamayapa members oI this Barangay, your appointment as member
thereoI is hereby withdrawn eIIective upon receipt hereoI, on the Iollowing
ground/s:
| | incapacity to discharge the duties oI your oIIice as shown by
| | unsuitability by reason oI
(Check whichever is applicable and detail or speciIy the act/s or
omission/s constituting the ground/s Ior withdrawal.)
Signature
NOTE:
The members oI the Lupon conIorming to the withdrawal must personally
aIIix their signatures or thumb marks on the pertinent spaces above. The
withdrawal must be conIormed to by more than one-halI oI the total number
oI members oI the Lupon including the Punong Barangay and the member
concerned.
4+ &,0. 5 <6 =%18(0#=#$ ,& #++,%-1.'-1
18
A HANDBOOK
GOOD TO
HEAR!
AT LEAST
THEIR
COMMIT-
MENT AND SERVICES ARE
MORE OR LESS COMPEN-
SATED. WHERE CAN WE
SOURCE OTHER FUNDS
FOR THE LUPON
OPERATIONS ASIDE
FROM BARANGAY FUNDS?
WE CAN ALWAYS ASK
THE MUNICIPAL
GOVERNMENT FOR SOME
ALLOCATION REGARDING
THE OPERATIONS OF
LUPON AND INCLUDE
IT IN ITS
ANNUAL
BUDGET.
BACK TO MY ROLE AS A
CHAIRPERSON OF LUPON, ARE
THERE ANY SPECIFIC
FUNCTIONS RELATED TO
ADMINISTERING BARANGAY
JUSTICE?
HOW CAN I INVOLVE MY
SANGGUNIANG
BARANGAY IN
BARANGAY JUSTICE
ADMINISTRATION?
INDEED, YOUR ROLE AS
CHAIRPERSON OF LUPON IS
VERY CRUCIAL. HOWEVER, WE
CAN DISCUSS IT AS WE GO
ALONG WITH THE DIFFERENT
WAYS OF RESOLVING
DISPUTES OR CONFLICTS IN
YOUR BARANGAY
WELL, THE SANGGUNIANG
BARANGAY HAS THE DUTY TO
PROVIDE THE ADMINIS-
TRATIVE NEEDS OF THE
LUPONG TAGAPAMAYAPA
AND THE PANGKAT
TAGAPAGKASUNDO BY
ALLOCATING FUNDS
FROM THE INTERNAL
REVENUE ALLOTMENT
FOR THE KATARUNGANG
PAMBARANGAY.
19
KATARUNGANG PAMBARANGAY
OK , NOW PLEASE TELL ME
WHAT IS THE FIRST STEP
OF RESOLVING
CONFLICT OR
DISPUTE IN MY
BARANGAY?
HAVE YOUR COFFEE, FIRST
AND YOUR MANANG
SOLING IS PREPARING
BOILED SWEET POTATOES
AND SABA
FOR US
*390"#0.& #2$.%'2 #23
)%&.&' +"$"&'",
C H A F T F R T W O
WHAT IF ONLY ONE
OF THE INVOLVED
PARTIES ARE FROM
MY BARANGAY?
IN THIS CASE, THE DISPUTE
WILL BE SETTLED IN THE
BARANGAY WHERE THE
RESPONDENTS OR ONE OF THE
RESPONDENTS RESIDE AT THE
CHOICE OF THE COMPLAINANT.
IS THAT CLEAR TO YOU?
AS PUNONG BARANGAY, YOU HAVE AN
AUTHORITY OR POWER TO MEDIATE CASES OF
THE RESIDENTS IN YOUR BARANGAY.
YES, KAPITAN.
WHAT
WOULD I
DO IF
THERE
WILL BE
CASES PRESENTED
TO ME IN THE
BARANGAY? HOW
CAN I HELP IN
RESOLVING IT?
THIS SABA IS
SO SWEET.
REALLY? THANKS
FOR THE COMPLI-
MENTS! WHAT
IS YOUR
QUESTION
AGAIN?
21
KATARUNGANG PAMBARANGAY
WELL, HE/SHE SHOULD BE
REPRESENTED BY A LEGAL GUARDIAN
OR NEXT OF KIN WHO IS NOT A
LAWYER.
CAN I MEDIATE
CASES INVOLVING
COOPERATIVES OR
PEOPLES
ORGANIZATION
OPERATING IN MY
BARANGAY?
NO, I DONT
THINK SO. A
JURIDICAL PERSON
OR CORPORATION
LIKE A COOPERATIVE CAN NOT FILE
A COMPLAINT BECAUSE IT IS NOT
A PARTY TO AMICABLE
SETTLEMENT. ANY CASE
INVOLVING COOPERATIVE OR
PEOPLES ORGANIZATION CAN GO
DIRECTLY TO COURT WITHOUT
GOING THROUGH MEDIATION OR
CONCILIATION.
SO 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.
THERE ARE CASES THAT FALL
UNDER OUR JURISDICTION.
YES , NOW, WHAT IF ANY OF THE INVOLVED
PARTIES IS INCOMPETENT OR A MINOR?
22
A HANDBOOK
7#*'* "-('0 4#1#0"->#-> +#./#0#->#?
UNLAWFUL USF OF MFANS OF FULICATION AND UNLAWFUL
UTTFRANCFS (ART. 1S4);
ALARMS AND SCANDALS (ART. 1SS);
USINC FALSF CFRTIFICATFS (ART. 17S);
USINC FICTITIOUS NAMFS AND CONCFALINC TRUF NAMFS
(ART. 178);
ILLFCAL USF OF UNIFORMS AND INSICNIAS (ART. 179);
FHYSICAL IN}URIFS INFLICTFD IN A TUMULTUOUS AFFRAY
(ART. 2S2);
CIVINC ASSISTANCF TO CONSUMMATFD SUICIDF (ART. 2S3);
RFSFONSIILITY OF FARTICIFANTS IN A DUFL IF ONLY
FHYSICAL IN}URIFS ARF INFLICTFD OR NO FHYSICAL IN}URIFS
HAVF FFN INFLICTFD (ART. 260);
LFSS SFRIOUS FHYSICAL IN}URIFS (ART. 26S);
SLICHT FHYSICAL IN}URIFS AND MALTRFATMFNT (ART. 266);
UNLAWFUL ARRFST (ART. 269);
INDUCINC A MINOR TO AANDON HISJHFR HOMF (ART.
271);
AANDONMFNT OF A FFRSON IN DANCFR AND
AANDONMFNT OF ONF'S OWN VICTIM (ART. 27S);
AANDONINC A MINOR (A CHILD UNDFR SFVFN [7] YFARS
OLD) (ART. 276);
AANDONMFNT OF A MINOR Y FFRONS FNTRUSTFD WITH
HISJHFR CUSTODY; INDIFFFRFNCF OF FARFNTS (ART. 277);
QUALIFIFD TRFSSFASS TO DWFLLINC (WITHOUT THF USF OF
VIOLFNCF AND INTIMIDATION). (ART. 280);
OTHFR FORMS OF TRFSSFASS (ART. 281);
LICHT THRFATS (ART. 283);
OTHFR LICHT THRFATS (ART. 28S);
CRAVF COFRCION (ART. 286);
LICHT COFRCION (ART. 287);
OTHFR SIMILAR COFRCIONS (COMFULSORY FURCHASF OF
MFRCHANDISF AND FAYMFNT OF WACFS Y MFANS OF
TOKFNS). (ART. 288);
23. FORMATION, MAINTFNANCF AND FROHIITION OF
COMINATION OF CAFITAL OR LAOR THROUCH VIOLFNCF
OR THRFATS (ART. 289);
23
KATARUNGANG PAMBARANGAY
DISCOVFRINC SFCRFTS THROUCH SFIZURF AND
CORRFSFONDFNCF (ART. 290);
RFVFALINC SFCRFTS WITH AUSF OF AUTHORITY (ART.
291);
THFFT (IF THF VALUF OF THF FROFFRTY STOLFN DOFS NOT
FXCFFD FS0.00). (ART. 309);
QUALIFIFD THFFT (IF THF AMOUNT DOFS NOT FXCFFD
FS00). (ART. 310);
OCCUFATION OF RFAL FROFFRTY OR USURFATION OF RFAL
RICHTS IN FROFFRTY (ART 312);
ALTFRINC OUNDARIFS OR LANDMARKS (ART. 313);
SWINDLINC OR FSTAFA (IF THF AMOUNT DOFS NOT
FXCFFD F200.00). (ART. 31S);
OTHFR FORMS OF SWINDLINC (ART. 316);
SWINDLINC A MINOR (ART. 317);
OTHFR DFCFITS (ART. 318);
RFMOVAL, SALF OR FLFDCF OF MORTCACFD FROFFRTY
(ART. 319);
SFFCIAL CASFS OF MALICIOUS MISCHIFF (IF THF VALUF OF
THF DAMACFD FROFFRTY DOFS NOT FXCFFD F1,000.00).
(ART 328);
OTHFR MISCHIFFS (IF THF VALUF OF THF DAMACFD
FROFFRTY DOFS NOT FXCFFD F1,000.00). (ART. 329);
SIMFLF SFDUCTION (ART. 338);
ACTS OF LASCIVIOUSNFSS WITH THF CONSFNT OF THF
OFFFNDFD FARTY (ART 339);
THRFATFNINC TO FULISH AND OFFFR TO FRFVFNT SUCH
FULICATION FOR COMFFNSATION (ART. 3S6);
FROHIITINC FULICATION OF ACTS RFFFRRFD TO IN THF
COURSF OF OFFICIAL FROCFFDINCS (ART. 3S7);
INCRIMINATINC INNOCFNT FFRSONS (ART. 363);
INTRICUINC ACAINST HONOR (ART. 364);
ISSUINC CHFCKS WITHOUT SUFFICIFNT FUNDS (F 22);
FFNCINC OF STOLFN FROFFRTIFS IF THF FROFFRTY
INVOLVFD IS NOT MORF THAN FS0.00 (FD 1612).
24
A HANDBOOK
MY GOODNESS! THATS A LOT! WHAT OTHER
CASES ARE EXEMPTED IN KATARUNGANG
PAMBARANGAY ASIDE FROM THAT OF A
JURIDICAL PERSON OR CORPORATION?
OFFENSES INVOLVING
GOVERNMENT ENTITY;
OFFENSES WITH MAXIMUM
PENALTY OF 1 YEAR AND EXCEEDING FINE FIVE
THOUSAND (P5,000.00);
OFFENSES WITH NO PRIVATE
PARTY;
REAL PROPERTIES IN DIFFERENT CITIES OR
MUNICIPALITIES, DISPUTES THAT NEED URGENT
LEGAL ACTION, LABOR DISPUTES, LAND DISPUTES
AND ACTION TO ANNUL A JUDGMENT UPON A
COMPROMISE.
WHAT WILL BE THE FIRST STEP IN MEDIATING CASES?
OK. THE COMPLAINANT, WITH THE HELP OF YOUR
SECRETARY, WILL FILL UP !) 1.$* :. A MINIMAL
FILING FEE IS BEING CHARGED AND
PAID TO THE BARANGAY TREASURER.
IT IS ALSO VERY IMPORTANT TO
NOTE THAT &. 0&90;09%"4 CAN
GO DIRECTLY TO COURT OR ANY
GOVERNMENT OFFICE FOR
ADJUDICATION OF HIS/HER
DISPUTE WITH ANOTHER
INDIVIDUAL ESPECIALLY IF THE
MATTER IS WITHIN YOUR
JURISDICTION.
25
KATARUNGANG PAMBARANGAY
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No.
For:
Complainant/s
against
Respondent/s
% " . , + - $ ! #
I/WE hereby complain against above named respondent/s Ior violating my/our
rights and interests in the Iollowing manner:
Complainant/s
Received and Iiled this day oI , 19.
against
Respondent/s
( ) . . " ! (
TO:
Respondents
You are hereby summoned to appear beIore me in person, together with your
witnesses, on the day oI , 19 at
o`clock in the morning/aIternoon, then and there to answer to a complaint
made beIore me, copy oI which is attached hereto, Ior mediation/conciliation
oI your dispute with complainant/s.
You are hereby warned that iI you reIuse or willIully Iail to appear in
obedience to this summons, you may be barred Irom Iiling any counterclaim
arising Irom said complaint.
FAIL NOT or else Iace punishment as Ior contempt oI court.
This day oI , 19.
OIIicer
Received by Respondent/s representative/s:
Signature Date
Signature Date
4+ &,0. 5 B6 /#74 +#>'
30
A HANDBOOK
IT SEEMS
TO BE SO
EASY
IT IS A VERY TEDIOUS
PROCESS THAT NEEDS A
GREAT DEAL OF RESPECT
AND LISTENING.
REMEMBER YOU ARE A NOT A JUDGE
BUT A MEDIATORLET BOTH PARTIES
FIND A SOLUTION TO THEIR DISPUTE.
YES, BUT IT SHOULD BE
IN A LANGUAGE OR
DIALECT
KNOWN TO
PARTIES.
SO IF THEY AGREED TO HAVE
SETTLEMENT, SHOULD WE
PUT INTO WRITING THE
TERMS AND CONDITION OF
THEIR SETTLEMENT?
IT IS VERY IMPORTANT TO EXPLAIN THE
PROCESS AND OBJECTIVES OF THE
MEDIATION AND THE RULES TO BE
OBSERVED DURING THE MEDIATION.
IT IS BETTER IF YOU
COULD START THE
WHOLE PROCESS WITH
A PRAYER GIVE EACH
PARTY TIME TO
EXPLAIN THEIR SIDE
WITHOUT INTERRUPTION FROM THE
OTHER PARTY. ASK QUESTIONS AND
INVOLVE BOTH PARTIES IN LOOKING
FOR THE SOLUTION OF THEIR DISPUTES.
THEN, WHAT WILL I DO? IS THERE A
SET OF RULES TO BE FOLLOWED?
31
KATARUNGANG PAMBARANGAY
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No.
For:
Complainant/s
against
Respondent/s
-.$%-7+& (&##+&.&!#
We, complainant/s and respondent/s in the above-captioned case, do hereby
agree to settle our dispute as Iollows:
and bind ourselves to comply honestly and IaithIully with the above terms oI
settlement.
Entered into this day oI , 19.
Complainant/s Respondent/s
ATTESTATION
I hereby certiIy that the Ioregoing amicable settlement was entered into by the
parties Ireely and voluntarily, aIter I had explained to them the nature and
consequence oI such settlement.
Punong Barangay
NotiIied this day oI , 19.
TO:
Complainant/s Respondent/s
4+ &,0. 5 2C6 -,1%7' &,0 7,-*1%1"1%,- ,& #&%'(&)
CONCILIATION IS MERELY INTERVENING BETWEEN TWO OR
MORE CONTENDING PARTIES IN ORDER TO PREVENT OR PUT AN
END TO DISPUTE WITHOUT AN AGREEMENT TO ABIDE BY THE
DECISION OF THE CONCILIATOR.
WHO CAN BE MEMBERS OF THE PANGKAT?
THE THREE MEMBERS SHALL COME FROM
THE LUPON AND WILL BE CHOSEN BY
BOTH PARTIES , THE COMPLAINANT AND
THE RESPONDENT.
35
KATARUNGANG PAMBARANGAY
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No.
For:
Complainant/s
against
Respondent/s
!"#$%& #" %*"(&! ,-!38-# .&.7&2
(Date)
TO:
Notice is hereby given that you have been chosen member oI the Pangkat ng
Tagapagkasundo amicably conciliate the dispute between the par in the above-
entitled case.
Pangkat Member
4+ &,0. 5 226 -,1%7' 1, 78,*'- #&%'(&) .'./'0
WHAT IF THE PARTIES FAIL TO AGREE ON THE
PANGKAT MEMBERSHIP?
YOU, AGAIN AS THE LUPON CHAIRPERSON
WILL DETERMINE THE 3 MEMBERS BY
DRAWING LOTS TO BE
DISTRIBUTED TO THE
MEMBERS OF PANGKAT.
36
A HANDBOOK
HOW DO WE FILL VACANCY OF PANGKAT?
IF THE PANGKAT DECIDES TO DISQUALIFY ANY OF ITS
MEMBERS, THE PARTIES SHOULD AGREE ON A COMMON
CHOICE FOR THE REPLACEMENT. IF THEY FAIL TO
AGREE, THE LUPON CHAIRPERSON SHALL
FILL THE RESULTING VACANCY BY
DRAWING OF LOTS. IN CASE OF
VACANCY DUE TO OTHER CAUSES, THE
PUNONG BARANGAY OR THE LUPON
CHAIRPERSON SHALL IN A
SIMILAR MANNER, FILLS SUCH
VACANCY SHOULD THE PARTY
FAIL TO AGREE ON A
COMMON CHOICE.
AFTER THE PANGKAT MEMBERS HAVE BEEN
CHOSEN, WHAT WILL THEY DO?
THEY SHALL ELECT FROM AMONG
THEMSELVES A CHAIRPERSON
AND A SECRETARY. THE LUPON
SECRETARY SHALL GIVE/TURN
OVER ALL RECORDS OF THE CASE
TO THE PANGKAT SECRETARY FOR
THE PANGKAT TO STUDY.
SIMILAR TO THE MEMBERSHIP OF
LUPON, CAN WE ALSO DISQUALIFY
UNFIT MEMBER/S OF THE PANGKAT?
RELATIONSHIP, BIAS, INTEREST OF OTHER SIMILAR
GROUNDS DISCOVERED AFTER THE CONSTITUTION OF
PANGKAT CAN BE GROUNDS FOR DISQUALIFICATION OF
PANGKAT MEMBER. THE PANGKAT SHALL RESOLVE THE
MATTER BY A MAJORITY VOTE. ITS DECISION ON THIS
MATTER IS FINAL.
37
KATARUNGANG PAMBARANGAY
OH! THIS 0/ CLEARER TO ME NOW. BUT DURING
THE FIRST MEETING, WHAT IS THE IMMEDIATE
GOAL AND HOW DOES THE PANGKAT PROCEED
WITH ITS TASKS?
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.
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No.
For:
Complainant/s
against
Respondent/s
( ) 7 , " & ! -
TO:
Witnesses
You are hereby commanded to appear beIore me on the day oI
, 19, at o`clock, then and there to testiIy in the
hearing oI the above-captioned case.
This day oI , 19.
39
KATARUNGANG PAMBARANGAY
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No.
For:
Complainant/s
against
Respondent/s
!"#$%& "/ *&-2$!3
42&9 /-$+)2& #" -,,&-25
TO:
Complainant/s
You are hereby required to appear beIore me/the Pangkat on the day
oI , 19, at o`clock in the morning/aIternoon to
explain why you Iailed to appear Ior mediation/conciliation scheduled on
, 19 and why your complaint should not be dismissed, a
certiIicate to bar the Iiling oI your action on court/government oIIice should
not be issued, and contempt proceedings should not be initiated in court Ior
willIul Iailure or reIusal to appear beIore the Punong Barangay/Pangkat ng
Tagapagkasundo.
This day oI , 19.
Respondent/s
against
Respondent/s
!"#$%& "/ *&-2$!3
42&9 /-$+)2& #" -,,&-25
TO:
Respondent/s
You are hereby required to appear me/the Pangkat on the day oI
, 19, at o`clock in the morning/aIternoon to
explain why you Iailed to appear Ior mediation/conciliation scheduled on
, 19 and why your counterclaim (iI any) arising Irom the
complaint should not be dismissed, a certiIicate to bar the Iiling oI said
counterclaim in court/government oIIice should not be issued, and contempt
proceedings should not be initiated in court Ior willIul Iailure or reIusal to
appear beIore the Punong Barangay/Pangkat ng Tagapagkasundo.
This day oI , 19.
against
Respondent/s
%&2#$/$%-#$"! #" /$+& -%#$"!
This is to certiIy that:
1. There has been a personal conIrontation between the parties beIore the
Punong Barangay/Pangkat ng Tagapagkasundo;
2. A settlement was reached;
3. The settlement has been repudiated in a statement sworn to beIore the
Punong Barangay by on ground oI ; and
4. ThereIore, the corresponding complaint Ior the dispute may now be Iiled in
court/government oIIice.
This day oI , 19.
Lupon Secretary
Attested:
Lupon Chairman
4+ &,0. 5 9C6 7'01%&%7#1' 1, &%$' #71%,- (FROM !&'()
SFCRFTARY)
42
A HANDBOOK
THE PANGKAT CHAIRPERSON SHALL APPLY, IN
SIMILAR MANNER, FOR THE PUNISHMENT OF "
WITNESS WHO WILLFULLY FAILS OR REFUSES
TO APPEAR AS FOR INDIRECT CONTEMPT OF
COURT.
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No.
For:
Complainant/s
against
Respondent/s
%&2#$/$%-#$"! #" /$+& -%#$"!
This is to certiIy that:
1. There was a personal conIrontation between the parties beIore the Punong
Barangay but mediation Iailed;
2. The Punong Barangay set the meeting oI the parties Ior the constitution oI
the Pangkat;
3. The respondent willIully Iailed or reIused to appear without justiIiable
reason at the conciliation proceedings beIore the Pangkat; and
4. ThereIore, the corresponding complaint Ior the dispute may now be Iiled in
court/government oIIice.
Pangkat Secretary
Attested by:
Pangkat Chairman
4+ &,0. 5 996 7'01%&%7#1%,- 1, &%$' #71%,-
43
KATARUNGANG PAMBARANGAY
WHAT HAPPENS NEXT
IF THE PANGKAT IS
SUCCESSFUL IN THE
CONCILIATION?
BUT YOU KNOW, KAP,
THERE COULD REALLY
BE CASES WHEREIN
THE SUPPOSED
SETTLEMENT WAS
AFFECTED ADVERSELY
BY FRAUD, VIOLENCE,
INTIMIDATION, ETC?
AN AMICABLE SETTLEMENT SHALL
BE PUT INTO WRITING IN A
LANGUAGE OR DIALECT KNOWN TO
THEM, AND ATTESTED TO BY THE
LUPON CHAIRMAN OR THE PANGKAT
CHAIRMAN. IT HAS THE FORCE AND
EFFECT OF A FINAL JUDGMENT OF
A COURT AFTER TEN (10) DAYS
FROM THE DATE OF AMICABLE
SETTLEMENT WAS MADE, UNLESS
A PROTEST OR REPUDIATION OF
THE SETTLEMENT IS MADE. THE
PANGKAT SECRETARY SHALL
PREPARE A TRANSMITTAL OF
SETTLEMENT TO THE APPROPRIATE
COURT AND FILLS UP A
TRANSMITTAL FORM.
ANY OF THE INVOLVED
PARTIES CAN REPUDIATE
THE SETTLEMENT WITHIN 10 DAYS
FROM THE DATE OF THE
SETTLEMENT BY FILING WITH THE
LUPON CHAIRPERSON OR PANGKAT
A STATEMENT TO THAT EFFECT
SWORN BEFORE HIM. FAILURE TO
REPUDIATE THE SETTLEMENT
WITHIN A TEN (10) DAY PERIOD
SHALL BE DEEMED A WAIVER OF
THE RIGHT TO CHALLENGE ON SAID
GROUNDS.
44
A HANDBOOK
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
OFFICE OF THE BARANGAY CAPTAIN
, 20
Date
."!#*+: #2-!(.$##-+ "/ /$!-+ 2&,"2#(
To: City/Municipal Judge
(City/Municipality)
Enclosed herewith are the Iinal reports oI settlement oI disputes
and arbitration awards made by the Barangay Captain/Pangkat
Tagapagkasundo in the Iollowing cases:
Barangay Case No. TITLE
(Complainant, et al vs. Respondent, et al)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Lupon/Pangkat Secretary
Received this day oI , 20.
(Clerk oI Court)
IMPORTANT: Lupon/Pangkat Secretary shall transmit not later than the Iirst
Iive days oI each month the Iinal reports Ior preceding month.
4+ &,0. 5 936 .,-18$? 10#-*.%11#$ ,& &%-#$ 0'+,01*
45
KATARUNGANG PAMBARANGAY
HOW CAN THE AMICABLE SETTLEMENT IN THE
PANGKAT BE EXECUTED?
THE AMICABLE SETTLEMENT HAS THE FORCE AND EFFECT
OF A FINAL JUDGMENT OF A
COURT UPON THE EXPIRATION
OF THE 10-DAY PERIOD OF
REPUDIATION AND THIS MAY
BE ENFORCED BY EXECUTION
BY THE LUPON WITHIN 6
MONTHS FROM THE DATE OF
SETTLEMENT. AFTER THE LAPSE
OF SUCH TIME, THE SETTLEMENT
MAY BE ENFORCED BY FILING A
MOTION IN THE MUNICIPAL TRIAL COURT OF THE PLACE
WHERE THE SETTLEMENT WAS MADE.
WHAT IF THERE WAS NO SETTLEMENT
BETWEEN THE PARTIES, DESPITE ALL
EFFORTS TO CONCILIATE?
A CERTIFICATION TO FILE ACTION, 1.$* &.> 75 SHALL
BE FILLED UP, ATTESTING THAT NO
CONCILIATION OR SETTLEMENT HAS BEEN
REACHED AS CERTIFIED BY THE PANGKAT
SECRETARY AND SIGNED BY THE PANGKAT
CHAIRMAN. THE CERTIFICATION TO FILE
ACTION SHALL BE SUBMITTED TO THE CORRESPONDING
COURT OR GOVERNMENT OFFICE FOR FILING OF AN
APPROPRIATE CASE.
46
A HANDBOOK
I WONDER HOW THE SETTLEMENT CAN BE ACTUALLY
EXECUTED?
THE DISPUTANT MUST FIRST FILE A MOTION
FOR EXECUTION WITH PUNONG BARANGAY.
THEN, THE PUNONG BARANGAY CONDUCTS
HEARING ON THE DATE ASSIGNED BY THE MOVANT. DATE
SHALL NOT BE LATER THAN 5 DAYS FROM THE FILING OF
MOTION.
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No.
For:
Complainant/s
against
Respondent/s
%&2#$/$%-#$"! #" /$+& -%#$"!
This is to certiIy that:
1. There has been a personal conIrontation between the parties beIore the
Punong Barangay but mediation Iailed;
2. The Pangkat ng Tagapagkasundo was constituted but the personal
conIrontation beIore the Pangkat likewise did not result into a settlement; and
3. ThereIore, the corresponding complaint Ior the dispute may now be Iiled in
court/government oIIice.
This day oI , 19.
Pangkat Secretary
Attested by:
Pangkat Chairman
4+ &,0. 5 926 7'01%&%7#1%,- 1, &%$' #71%,- (FROM '*)+,*-
SFCRFTARY)
47
KATARUNGANG PAMBARANGAY
DURING THE HEARING, THE PUNONG BARANGAY SHALL
ASCERTAIN THE FACTS FOR THE NON-COMPLIANCE OF
SETTLEMENT AND STRONGLY ENCOURAGE THE PARTY OBLIGED
TO COMPLY WITH SETTLEMENT.
AFTER THE LAPSE OF FIVE (5) DAYS WITH NO VOLUNTARY
COMPLIANCE, THE PUNONG BARANGAY SHALL ISSUE A NOTICE
OF EXECUTION.
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No.
For:
Complainant/s
against
Respondent/s
."#$"! /"2 &;&%)#$"!
Complainant/s/Respondent/s state as Iollows:
1. On (Date) the parties in this case signed an amicable
settlement/received the arbitration award rendered by the Lupon/Chairman/
Pangkat ng Tagapagkasundo;
2. The period oI ten (10) days Irom the above-stated date has expired without
any oI the parties Iiling a sworn statement oI repudiation oI the settlement
beIore the Lupon Chairman a petition Ior nulliIication oI the arbitration award
in court; and
3. The amicable settlement/arbitration award is now Iinal and executory.
WHEREFORE, Complainant/s/Respondent/s request that the corresponding
writ oI execution be issued by the Lupon Chairman in this case.
(Date)
Complainant/s/Respondent/s
4+ &,0. 5 9;6 .,1%,- &,0 ':'7"1%,-
48
A HANDBOOK
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No.
For:
Complainant/s
against
Respondent/s
!"#$%& "/ &;&%)#$"!
WHEREAS, on (date), an amicable settlement was signed by
the parties in the above-entitled case |or an arbitration award was rendered by
the Punong Barangay/Pangkat ng Tagapagkasundo|;
WHEREAS, the terms and conditions oI the settlement, the dispositive portion
oI the award. read:
Punong Barangay
Copy Iurnished:
Complainant/s Respondent/s
4+ &,0. 5 9@6 -,1%7' ,& ':'7"1%,-
49
KATARUNGANG PAMBARANGAY
IF PROPERTY IS LOCATED IN THE BARANGAY, THE
PUNONG BARANGAY SHALL OUST FROM
THE PROPERTY THE PERSON AGAINST
WHOM THE AMICABLE SETTLEMENT OR
ARBITRATION AWARD IS RENDERED
AND PLACE THE PARTY ENTITLED IN
POSSESSION. IF THE PROPERTY IS
OUTSIDE THE BARANGAY, BUT
WITHIN THE SAME CITY/
MUNICIPALITY, THE PUNONG
BARANGAY SHALL AUTHORIZE OTHER
PUNONG BARANGAY TO TAKE
POSSESSION AND ACT IN
ACCORDANCE WITH THE PRECEDING
PARAGRAPH. CONVEYANCE OF LAND,
DELIVERY OF DEEDS OR OTHER DOCUMENTS, OR
PERFORMANCE OF ANY SPECIFIC ACT. THE
PUNONG BARANGAY MAY DIRECT THE SECRETARY
TO PERFORM THE ACT AT THE COST OF THE
DISOBEDIENT PARTY. COSTS WILL BE CHARGED
TO THE DISOBEDIENT PARTY.
WITHIN 6 MONTHS FROM THE DATE OF THE SETTLEMENT, THE
LUPON THROUGH THE PUNONG BARANGAY EXECUTES THE
SETTLEMENT.
BY THE WAY, 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.
HOW CAN THE PROPERTY BE DELIVERED OR
RESTITUTED?
50
A HANDBOOK
HOW CAN THE SALE OF PERSONAL PROPERTIES HAPPEN?
A NOTICE OF SALE SHALL BE POSTED IN 3
PUBLIC PLACES. FOR PERISHABLE GOODS
IMMEDIATELY UPON TAKING POSSESSION, THE
SALE SHOULD TAKE PLACE WITHIN 24 HOURS.
FOR OTHER GOODS IMMEDIATELY UPON TAKING
POSSESSION, THE GOODS MUST BE SOLD
WITHIN 5 TO 10 DAYS.
THEN, A PUBLIC AUCTION OF GOODS SHOULD BE DONE
BETWEEN 8 AM TO 5 PM AND THE OWNER MAY DIRECT THE
ORDER OF THE SALES. THE PUNONG BARANGAY, SECRETARY OR
ANY LUPON MEMBER MAY NOT TAKE PART IN THE SALE.
THE PREVAILING PARTY IS THEN PAID AN AMOUNT
CORRESPONDING TO THE OBLIGATION. EXCESS PROCEEDS ARE
RETURNED TO THE PARTY OBLIGED. IF THE PREVAILING PARTY
IS A BUYER, S/HE SHALL ONLY PAY THE EXCESS OF THE
OBLIGATION TO THE PARTY OBLIGED.
ARE THE PROPERTIES
SUBJECTED FOR
EXECUTION?
NO, THERE ARE
PROPERTIES
EXEMPTED FOR
EXECUTION.
51
KATARUNGANG PAMBARANGAY
+0,+'01%'* ':'.+1'( &0,. ':'7"1%,-
NOT ALL FROFFRTIFS MAY F SOLD AT AN AUCTION. THF
FOLLOWINC ARF FXFMFT:
1. THF DFTOR'S FAMILY HOMF.
2. TOOLS AND IMFLFMFNTS NFCFSSARILY USFD Y HIMJ
HFR IN HIS TRADF OR FMFLOYMFNT.
3. 2 HORSFS, OR 2 COWS OR 2 CARAAOS OR OTHFR
FASTS OF URDFN SUCH AS THF DFTOR MAY SFLFCT
AND ARF NFCFSSARILY USFD Y HIMJHFR IN HISJHFR
ORDINARY OCCUFATION.
4. NFCFSSARY CLOTHINC FOR DFTOR AND FAMILY.
S. HOUSFHOLD FURNITURF AND UTFNSILS NFCFSSARY FOR
HOUSFKFFFINC.
6. FROVISIONS FOR INDIVIDUAL OR FAMILY USF SUFFICIFNT
FOR FOUR MONTHS.
7. FROFFSSIONAL LIRARIFS OF ATTORNFYS, }UDCFS,
FHYSICIANS, FHARMACISTS, DFNTISTS, FNCINFFRS,
SURVFYORS, CLFRCYMFN, TFACHFRS AND OTHFR
FROFFSSIONALS.
8. ONF FISHINC OAT, NFT AND OTHFR FISHINC
FARAFHFRNALIA OF THF FARTY WHO IS A FISHFRFOLK
Y THF LAWFUL USF OF WHICH SJHF FARNS A
LIVFLIHOOD.
9. SO MUCH OF THF FARNINCS OF THF FARTY OLICFD
FOR HISJHFR FFRSONAL SFRVICFS WITHIN THF MONTH
FRFCFDINC THF LFVY AS ARF NFCFSSARY FOR HISJHFR
FAMILY'S SUFFORT.
10. ALL MONFYS, FNFFITS, FRIVILFCFS OR ANNUITIFS,
ACCRUINC IN ANY MANNFR OR CROWINC OUT OF ANY
LIFF INSURANCF NOT FXCFFD F100,000.00
11. THF RICHT TO RFCFIVF LFCAL SUFFORT OR MONFY OR
FROFFRTY OTAINFD AS SUCH SUFFORT OR ANY
FFNSION OR CRATUITY FROM THF COVFRNMFNT, AND
12. COFYRICHTS AND OTHFR FROFFRTIFS FSFFCIALLY
FXFMFTFD Y LAW.
"$+0#$"#0.&
C H A F T F R F O U R
THANK YOU. WHAT IS
THE MEANING OF
ARBITRATION
AGAIN?
ARBITRATION IS ANOTHER
WAY OF SETTLING DISPUTES
WHEREIN THE PARTIES
AGREE TO BE BOUND BY
A DECISION OF A
THIRD PERSON
OR BODY IN
PLACE OF A REGULARLY
ORGANIZED TRIBUNAL.
WHAT IS THIS
ARBITRATION? IM
LEARNING A LOT OF
EXCITING THINGS.
CELIA, PUBLIC SERVICE IS
AT TIMES EXHAUSTING BUT CAN
BE VERY REWARDING, TOO.
WOULD YOU CARE FOR ANOTHER
GLASS OF COFFEE? MY
WIFE HAS PREPARED
SOME MERIENDA OF
SWEET POTATOES
AND SABA.
NOW, I HAVE EXPLAINED ALREADY TO YOU THE TWO WAYS OF
RESOLVING CONFLICTS IN YOUR BARANGAY, FIRST, THROUGH
*390"#0.& THROUGH YOUR OFFICE AND SECOND, THROUGH
-.&-040"#0.& THROUGH THE PANGKAT. AT ANY
LEVEL OF THESE TWO PROCESSES COMES ANOTHER
WAY OF RESOLVING CASES UNDER YOUR
JURISDICTION, THE PROCESS OF "$+0#$"#0.&.
53
KATARUNGANG PAMBARANGAY
SPECIFICALLY, WHAT ARE THE STEPS THAT TAKE
PLACE IN ARBITRATION?
FIRST IS THE FILING OF THE COMPLAINT WITH
THE OFFICE OF THE PUNONG BARANGAY AND PAYMENT OF THE
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. IN OTHER WORDS, EITHER THE LUPON
CHAIRPERSON OR PUNONG BARANGAY OR THE PANGKAT
CHAIRPERSON CAN ACT AS AN ARBITRATOR.
IN MEDIATION OR CONCILIATION, THE LUPON
CHAIRPERSON OR PANGKAT SIMPLY ASSISTS THE
PARTIES IN DEFINING ISSUES AND EXPLORING
SOLUTIONS TO DEVELOP A MUTUALLY ACCEPTED
SETTLEMENT. IN ARBITRATION, THE LUPON
CHAIRPERSON OR PANGKAT 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.
ON THE BASIS OF THESE FACTS,
THE ARBITRATOR MAKES A
DECISION, ON WHAT HE/SHE
BELIEVES TO BE FAIR OR JUST. IN
THIS CASE, THE ARBITRATOR MUST
BE NEUTRAL AND IMPARTIAL IN
MAKING THE DECISION WHICH MUST
ALSO BE SUITABLE TO THE DISPUTING PARTIES.
WHEN WILL THIS ARBITRATION TAKE PLACE?
54
A HANDBOOK
FILING FEE BY THE COMPLAINANT. BUT IF THE PARTIES AGREE
TO SUBMIT THEMSELVES TO THE ARBITRATION
PROCESS AT ANY STAGE OF MEDIATION AND
CONCILIATION, THE CONDUCT OF AN
ARBITRATION HEARING CAN TAKE PLACE
IMMEDIATELY.
AFTER FILLING UP THIS AGREEMENT OF
ARBITRATION, THE PARTIES ARE GIVEN FIVE (5)
DAYS TO WITHDRAW FROM SUCH AN
AGREEMENT BY FILLING UP A SWORN
STATEMENT STATING HIS/HER REASONS
THAT SUCH AGREEMENT WAS OBTAINED
THROUGH FRAUD, VIOLENCE AND
INTIMIDATION (IF THIS IS THE CASE).
IF THAT IS HOW ANY OF THE PARTY PERCEIVED
THE CASE TO BE, THEN IT FOLLOWS THAT
THERE IS NO USE TO PROCEED WITH THE CASE
IN THE LUPON.
EXACTLY, AND YOU NEED TO
FORWARD THE CASE TO COURT BY
ISSUING A CERTIFICATE TO FILE
ACTION AND LET THE
COMPLAINANT BRING
HIS/HER CASE TO THE
COURT.
BUT WHAT IF
THERE WILL BE
NO REPUDIATION?
THEN YOU CAN PROCEED TO HEARING THEIR
CASE. FIRST YOU NEED TO SET THE HEARING AND
THE PARTIES SHOULD BE OFFICIALLY NOTIFIED
OF THE HEARING THROUGH A NOTICE OF
HEARING AND SUMMON.
55
KATARUNGANG PAMBARANGAY
WHAT IF ANY OF THE PARTIES FAIL TO APPEAR?
CAN WE APPLY THE SAME PROCEDURE IN
MEDIATION OR CONCILIATION FOR THE
UNREASONABLE NEGLECT OF THE COMPLAINANT
AND RESPONDENT?
YES, KAPITANA. IF THE COMPLAINANTS ABSENCE WAS FOUND
TO BE WILLFUL AND NOT JUSTIFIED, THE COMPLAINT IS
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No.
For:
Complainant/s
against
Respondent/s
-32&&.&!# /"2 -27$#2-#$"!
We hereby agree to submit our dispute Ior arbitration to the Punong Barangay/
Pangkat ng Tagapagkasundo (Please cross out whichever is not applicable)
and bind ourselves to comply with the award that may be rendered thereon.
We have made this agreement Ireely with a Iull understanding oI its nature and
consequences.
Entered into this day oI , 19.
Complainant/s Respondent/s
ATTESTATION
I hereby certiIy that the Ioregoing Agreement Ior Arbitration was entered into
by the parties Ireely and voluntarily, aIter I had explained to them the nature
and the consequences oI such agreement.
against
Respondent/s
-27$#2-#$"! -0-21
AIter hearing the testimonies given and careIul examination oI the evidence
presented in this case, award is hereby made as Iollows:
Member
Member
ATTESTED:
Punong Barangay
IMPORTANT: This notice is required to be posted in three (3)
conspicuous places in the barangay Ior at least three (3) weeks
WARNING: Tearing or deIacing this notice shall be subject to
punishment according to law.
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE PUNONG BARANGAY
, 20
(Date)
APPOINTMENT
TO:
Pursuant to Chapter 7, Title One, Book III, Local Government Code oI
1991 (Republic Act No. 7160), you are hereby appointed MEMBER oI
the Lupong Tagapamayapa oI this Barangay eIIective upon taking your
oath oI oIIice and until a new Lupon is constituted on the third year
Iollowing your appointment.
Punong Barangay
ATTESTED:
Barangay Secretary
!" $%&' ( 3* 4""%-+,'/+, 5/,,/&
85
KATARUNGANG PAMBARANGAY
!" $%&' ( 6* +%,-./ %$ 4""%-+,'/+,
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE PUNONG BARANGAY
, 20
(Date)
NOTICE OF APPOINTMENT
Sir/Madam:
Please be inIormed that you have been appointed by the Punong
Barangay as a MEMBER OF THE LUPONG TAGAPAMAYAPA,
eIIective upon taking your oath oI oIIice, and until a new Lupon is
constituted on the third year Iollowing your appointment. You may
take your oath oI oIIice beIore the Punong Barangay on .
Very truly yours,
Barangay Secretary
86
A HANDBOOK
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE PUNONG BARANGAY
, 20
(Date)
LIST OF APPOINTED LUPON MEMBERS
Listed hereunder are the duly appointed members oI the Lupong
Tagapamayapa in this Barangay who shall serve as such upon taking
their oath oI oIIice and until a new Lupon is constituted on the third
year Iollowing their appointment.
1. 11.
2. 12.
3. 13.
4. 14.
5. 15.
6. 16.
7. 17.
8. 18.
9. 19.
10. 20.
Punong Barangay
ATTESTED:
Barangay/Lupon Secretary
IMPORTANT: The list shall be posted in three (3) conspicuous places
in the barangay Ior the duration oI the terms oI oIIice oI those named
above.
WARNING: Tearing or deIacing this notice shall be subject to
punishment according to law.
!" $%&' ( 7* 5-0, %$ 4""%-+,/8 !"#$% '/'9/&0
87
KATARUNGANG PAMBARANGAY
!" $%&' ( :* !"#$% '/'9/& %4,2 0,4,/'/+,
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE PUNONG BARANGAY
OATH OF OFFICE
Pursuant to Chapter 7, Title One, Book II, Local Government Code oI
1991 (Republic Act No. 7160), I , being duly
qualiIied and having been duly appointed MEMBER oI the Lupong
Tagapamayapa oI this Barangay, do hereby solemnly swear (or aIIirm)
that I will IaithIully and conscientiously discharge to the best oI my
ability, my duties and Iunctions as such member and as member oI the
Pangkat ng Tagapagkasundo in which I may be chosen to serve; that I
will bear true Iaith and allegiance to the Republic oI the Philippines;
that I will support and deIend its Constitution and obey the laws, legal
orders and decrees promulgated by its duly constituted authorities; and
that I voluntarily impose upon myselI this obligation without any
mental reservation or purpose oI evasion.
SO HELP ME GOD. (In case oI aIIirmation the last sentence will be
omitted.)
Member
SUBSCRIBED AND SWORN to (or AFFIRMED) beIore me this
day oI , 20.
Punong Barangay
88
A HANDBOOK
!" $%&' ( ;* <-,28&4<45 %$ 4""%-+,'/+,
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
, 20
(Date)
WITHDRAWAL OF APPOINTMENT
TO:
AIter due hearing and with the concurrence oI a majority oI all the
Lupong Tagapamayapa members oI this Barangay, your appointment
as member thereoI is hereby withdrawn eIIective upon receipt hereoI,
on the Iollowing ground/s:
| | incapacity to discharge the duties oI your oIIice as shown by
| | unsuitability by reason oI
(Check whichever is applicable and detail or speciIy the act/s or
omission/s constituting the ground/s Ior withdrawal.)
Signature
89
KATARUNGANG PAMBARANGAY
NOTE:
The members oI the Lupon conIorming to the withdrawal must
personally aIIix their signatures or thumb marks on the pertinent spaces
above. The withdrawal must be conIormed to by more than one-halI oI
the total number oI members oI the Lupon including the Punong
Barangay and the member concerned.
!" $%&' ( =* .%'"54-+4+,>0 $%&'
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No.
For:
Complainant/s
against
Respondent/s
C O M P L A I N T
I/WE hereby complain against above named respondent/s Ior violating
my/our rights and interests in the Iollowing manner:
90
A HANDBOOK
Made this day oI , 19.
Complainant/s
Received and Iiled this day oI , 19.
Complainant/s
You are hereby required to appear beIore me on the day oI
, 19 at o`clock in the morning/aIternoon Ior the
hearing oI your complaint.
This day oI , 19.
91
KATARUNGANG PAMBARANGAY
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No.
For:
Complainant/s
against
Respondent/s
S U M M O N S
TO:
Respondents
You are hereby summoned to appear beIore me in person, together
with your witnesses, on the day oI , 19 at
o`clock in the morning/aIternoon, then and there to
answer to a complaint made beIore me, copy oI which is attached
hereto, Ior mediation/conciliation oI your dispute with complainant/s.
You are hereby warned that iI you reIuse or willIully Iail to appear in
obedience to this summons, you may be barred Irom Iiling any
counterclaim arising Irom said complaint.
FAIL NOT or else Iace punishment as Ior contempt oI court.
This day oI , 19.
OIIicer
Received by Respondent/s representative/s:
Signature Date
Signature Date
93
KATARUNGANG PAMBARANGAY
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE PUNONG BARANGAY
NOTICE FOR CONSTITUTION OF PANGKAT
TO:
Complainant/s Respondent/s
You are hereby required to appear beIore me on the day oI
, 19, at o`clock in the morning/aIternoon Ior
the constitution oI the Pangkat ng Tagapagkasundo which shall
conciliate your dispute. Should you Iail to agree on the Pangkat
membership or to appear on the aIoresaid date Ior the constitution oI
the Pangkat, I shall determine the membership thereoI by drawing lots.
This day oI , 19.
Punong Barangay
NotiIied this day oI , 19.
TO:
Complainant/s Respondent/s
!" $%&' ( )B* +%,-./ $%& .%+0,-,1,-%+ %$ #&%'(&)
94
A HANDBOOK
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No.
For:
Complainant/s
against
Respondent/s
NOTICE TO CHOSEN PANGKAT MEMBER
(Date)
TO:
Notice is hereby given that you have been chosen member oI the
Pangkat ng Tagapagkasundo amicably conciliate the dispute between
the par in the above-entitled case.
Pangkat Member
!" $%&' ( ))* +%,-./ ,% .2%0/+ #&%'(&) '/'9/&
95
KATARUNGANG PAMBARANGAY
!" $%&' ( )3* +%,-./ %$ 2/4&-+@ C.%+.-5-4,-%+ "&%.//8-+@0D
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE PUNONG BARANGAY
TO:
Complainant/s Respondent/s
NOTICE OF HEARING
(CONCILIATION PROCEEDINGS)
You are hereby required to appear beIore the Pangkat on the
day oI , 20, at o`clock Ior a hearing oI
the above-entitled case.
This day oI , 20.
Pangkat Chairman
NotiIied this day oI , 19.
Complainant/s Respondent/s
96
A HANDBOOK
!" $%&' ( )6* 019"%/+4 5/,,/&
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No.
For:
Complainant/s
against
Respondent/s
S U B P O E N A
TO:
Witnesses
You are hereby commanded to appear beIore me on the day oI
, 19, at o`clock, then and there to testiIy
in the hearing oI the above-captioned case.
This day oI , 19.
against
Respondent/s
AGREEMENT FOR ARBITRATION
We hereby agree to submit our dispute Ior arbitration to the Punong
Barangay/Pangkat ng Tagapagkasundo (Please cross out whichever is
not applicable) and bind ourselves to comply with the award that may
be rendered thereon. We have made this agreement Ireely with a Iull
understanding oI its nature and consequences.
Entered into this day oI , 19.
Complainant/s Respondent/s
ATTESTATION
I hereby certiIy that the Ioregoing Agreement Ior Arbitration was
entered into by the parties Ireely and voluntarily, aIter I had explained
to them the nature and the consequences oI such agreement.
against
Respondent/s
ARBITRATION AWARD
AIter hearing the testimonies given and careIul examination oI the
evidence presented in this case, award is hereby made as Iollows:
Member
Member
ATTESTED:
against
Respondent/s
AMICABLE SETTLEMENT
We, complainant/s and respondent/s in the above-captioned case, do
hereby agree to settle our dispute as Iollows:
and bind ourselves to comply honestly and IaithIully with the above
terms oI settlement.
Entered into this day oI , 19.
Complainant/s Respondent/s
ATTESTATION
I hereby certiIy that the Ioregoing amicable settlement was entered into
by the parties Ireely and voluntarily, aIter I had explained to them the
nature and consequence oI such settlement.
against
Respondent/s
R E P U D I A T I O N
I/WE hereby repudiate the settlement/agreement Ior arbitration on the
ground that my/our consent was vitiated by:
(Check out whichever is applicable)
| | Fraud. (State details)
Punong Barangay
* Failure to repudiate the settlement or the arbitration agreement within
the time limits respectively set (ten |10| days Irom the date oI
settlement and Iive|5| days Irom the date oI arbitration agreement)
shall be deemed a waiver oI the right to challenge on said grounds.
102
A HANDBOOK
!" $%&' ( )?* +%,-./ %$ 2/4&-+@ $%& .%'"54-+4+,
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No.
For:
Complainant/s
against
Respondent/s
NOTICE OF HEARING
(RE: FAILURE TO APPEAR)
TO:
Complainant/s
You are hereby required to appear beIore me/the Pangkat on the
day oI , 19, at o`clock in the
morning/aIternoon to explain why you Iailed to appear Ior mediation/
conciliation scheduled on , 19 and why your
complaint should not be dismissed, a certiIicate to bar the Iiling oI your
action on court/government oIIice should not be issued, and contempt
proceedings should not be initiated in court Ior willIul Iailure or reIusal
to appear beIore the Punong Barangay/Pangkat ng Tagapagkasundo.
This day oI , 19.
Respondent/s
104
A HANDBOOK
!" $%&' ( )A* +%,-./ %$ 2/4&-+@ $%& &/0"%+8/+,
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No.
For:
Complainant/s
against
Respondent/s
NOTICE OF HEARING
(RE: FAILURE TO APPEAR)
TO:
Respondent/s
You are hereby required to appear me/the Pangkat on the day
oI , 19, at o`clock in the morning/
aIternoon to explain why you Iailed to appear Ior mediation/
conciliation scheduled on , 19 and why your
counterclaim (iI any) arising Irom the complaint should not be
dismissed, a certiIicate to bar the Iiling oI said counterclaim in court/
government oIIice should not be issued, and contempt proceedings
should not be initiated in court Ior willIul Iailure or reIusal to appear
beIore the Punong Barangay/Pangkat ng Tagapagkasundo.
This day oI , 19.
against
Respondent/s
CERTIFICATION TO FILE ACTION
This is to certiIy that:
1. There has been a personal conIrontation between the parties beIore
the Punong Barangay/Pangkat ng Tagapagkasundo;
2. A settlement was reached;
3. The settlement has been repudiated in a statement sworn to beIore
the Punong Barangay by on ground oI
; and
4. ThereIore, the corresponding complaint Ior the dispute may now be
Iiled in court/government oIIice.
This day oI , 19.
Lupon Secretary
Attested:
Lupon Chairman
!" $%&' ( 3B* ./&,-$-.4,-%+ ,% $-5/ 4.,-%+ C$&%' !"#$%
0/.&/,4&ED
106
A HANDBOOK
!" $%&' ( 3)* ./&,-$-.4,-%+ ,% $-5/ 4.,-%+ C$&%' #&%'(&)
0/.&/,4&ED
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No.
For:
Complainant/s
against
Respondent/s
CERTIFICATION TO FILE ACTION
This is to certiIy that:
1. There has been a personal conIrontation between the parties beIore
the Punong Barangay but mediation Iailed;
2. The Pangkat ng Tagapagkasundo was constituted but the personal
conIrontation beIore the Pangkat likewise did not result into a
settlement; and
3. ThereIore, the corresponding complaint Ior the dispute may now be
Iiled in court/government oIIice.
This day oI , 19.
Pangkat Secretary
Attested by:
Pangkat Chairman
107
KATARUNGANG PAMBARANGAY
!" $%&' ( 33* ./&,-$-.4,-%+ ,% $-5/ 4.,-%+
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No.
For:
Complainant/s
against
Respondent/s
CERTIFICATION TO FILE ACTION
This is to certiIy that:
1. There was a personal conIrontation between the parties beIore the
Punong Barangay but mediation Iailed;
2. The Punong Barangay set the meeting oI the parties Ior the
constitution oI the Pangkat;
3. The respondent willIully Iailed or reIused to appear without
justiIiable reason at the conciliation proceedings beIore the Pangkat;
and
4. ThereIore, the corresponding complaint Ior the dispute may now be
Iiled in court/government oIIice.
Pangkat Secretary
Attested by:
Pangkat Chairman
108
A HANDBOOK
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Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No.
For:
Complainant/s
against
Respondent/s
CERTIFICATION TO BAR ACTION
This is to certiIy that the above-captioned case was dismissed pursuant
to the Order dated , Ior complainant/s
(name) and (name) willIul Iailure
or reIusal to appear Ior hearing beIore the Punong Barangay/Pangkat
ng Tagapagkasundo and thereIore complainant/s is/are barred Irom
Iiling an action in court/government oIIice.
This day oI , 19.
against
Respondent/s
CERTIFICATION TO BAR COUNTERCLAIM
This is to certiIy that aIter prior notice and hearing, the respondent/s
(name) and (name) have
been Iound to have willIully Iailed or reIused to appear without
justiIiable reason beIore the Punong Barangay/Pangkat ng
Tagapagkasundo and thereIore respondent/s is/are barred Irom Iiling
his/their counterclaim (iI any) arising Irom the complaint in court/
government oIIice.
This day oI , 19.
against
Respondent/s
MOTION FOR EXECUTION
Complainant/s/Respondent/s state as Iollows:
1. On (Date) the parties in this case signed an
amicable settlement/received the arbitration award rendered by the
Lupon/Chairman/Pangkat ng Tagapagkasundo;
2. The period oI ten (10) days Irom the above-stated date has expired
without any oI the parties Iiling a sworn statement oI repudiation oI the
settlement beIore the Lupon Chairman a petition Ior nulliIication oI the
arbitration award in court; and
3. The amicable settlement/arbitration award is now Iinal and
executory.
WHEREFORE, Complainant/s/Respondent/s request that the
corresponding writ oI execution be issued by the Lupon Chairman in
this case.
(Date)
Complainant/s/Respondent/s
111
KATARUNGANG PAMBARANGAY
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Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No.
For:
Complainant/s
against
Respondent/s
NOTICE OF HEARING
(RE: MOTION FOR EXECUTION)
TO:
Complainant/s Respondent/s
You are hereby required to appear beIore me on day oI
19 at o`clock in the morning/aIternoon/
evening Ior the hearing oI the motion Ior execution, copy oI which is
attached hereto, Iiled by (Name oI complainant/s/
respondent/s)
(Date)
against
Respondent/s
NOTICE OF EXECUTION
WHEREAS, on (date), an amicable settlement was
signed by the parties in the above-entitled case |or an arbitration award
was rendered by the Punong Barangay/Pangkat ng Tagapagkasundo|;
WHEREAS, the terms and conditions oI the settlement, the dispositive
portion oI the award. read:
Punong Barangay
Copy Iurnished:
Complainant/s Respondent/s
114
A HANDBOOK
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Barangay Case No. TITLE
(Complainant, et al vs. Respondent, et al)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Republic oI the Philippines
Province oI
CITY/MUNICIPALITY OF
Barangay
OFFICE OF THE LUPONG TAGAPAMAYAPA
OFFICE OF THE BARANGAY CAPTAIN
, 20
Date
MONTHLY TRANSMITTAL OF FINAL REPORTS
To: City/Municipal Judge
(City/Municipality)
Enclosed herewith are the Iinal reports oI settlement oI disputes and
arbitration awards made by the Barangay Captain/ Pangkat
Tagapagkasundo in the Iollowing cases:
(Clerk oI Court)
IMPORTANT: Lupon/Pangkat Secretary shall transmit not later than
the Iirst Iive days oI each month the Iinal reports Ior preceding month.