D.

Barangay Justice System

1. RA 7160 (Local Government Code of 1991)

CHAPTER VII Katarungang Pambarangay

Section 399. Lupong Tagapamayapa. -

(a) There is hereby created in each barangay a lupong tagapamayapa, hereinafter referred to as the lupon, composed of the
punong barangay, as chairman and ten (10) to twenty (20) members. The lupon shall be constituted every three (3) years in
the manner provided herein.
(b) Any person actually residing or working, in the barangay, not otherwise expressly disqualified by law, and possessing
integrity, impartiality, independence of mind, sense of fairness, and reputation for probity, may be appointed a member of the
lupon.
(c) A notice to constitute the lupon, which shall include the names of proposed members who have expressed their willingness
to serve, shall be prepared by the punong barangay within the first fifteen (15) days from the start of his term of office. Such
notice shall be posted in three (3) conspicuous places in the barangay continuously for a period of not less than three (3)
weeks;
(d) The punong barangay, taking into consideration any opposition to the proposed appointment or any recommendations for
appointment as may have been made within the period of posting, shall within ten (10) days thereafter, appoint as members
those whom he determines to be suitable therefor. Appointments shall be in writing, signed by the punong barangay, and
attested to by the barangay secretary.
(e) The list of appointed members shall be posted in three (3) conspicuous places in the barangay for the entire duration of
their term of office; and
(f) In barangays where majority of the inhabitants are members of indigenous cultural communities, local systems of settling
disputes through their councils of datus or elders shall be recognized without prejudice to the applicable provisions of this
Code.

Section 400. Oath and Term of Office. - Upon appointment, each lupon member shall take an oath of office before the punong
barangay. He shall hold office until a new lupon is constituted on the third year following his appointment unless sooner terminated by
resignation, transfer of residence or place of work, or withdrawal of appointment by the punong barangay with the concurrence of the
majority of all the members of the lupon.

Section 401. Vacancies. - Should a vacancy occur in the lupon for any cause, the punong barangay shall immediately appoint a
qualified person who shall hold office only for the unexpired portion of the term.

Section 402. Functions of the Lupon. - The lupon shall:

(a) Exercise administrative supervision over the conciliation panels provided herein;
(b) Meet regularly once a month to provide a forum for exchange of ideas among its members and the public on matters
relevant to the amicable settlement of disputes, and to enable various conciliation panel members to share with one another
their observations and experiences in effecting speedy resolution of disputes; and
(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
Section 403. Secretary of the Lupon. - The barangay secretary shall concurrently serve as the secretary of the lupon. He shall
record the results of mediation proceedings before the punong barangay and shall submit a report thereon to the proper city or
municipal courts. He shall also receive and keep the records of proceedings submitted to him by the various conciliation
panels.

Section 404. Pangkat ng Tagapagkasundo. -

(a) There shall be constituted for each dispute brought before the lupon a conciliation panel to be known as the pangkat ng
tagapagkasundo, hereinafter referred to as the pangkat, consisting of three (3) members who shall be chosen by the parties to
the dispute from the list of members of the lupon.
Should the parties fail to agree on the pangkat membership, the same shall be determined by lots drawn by the lupon
chairman.
(b) The three (3) members constituting the pangkat shall elect from among themselves the chairman and the secretary. The
secretary shall prepare the minutes of the pangkat proceedings and submit a copy duly attested to by the chairman to the
lupon secretary and to the proper city or municipal court. He shall issue and cause to be served notices to the parties
concerned.
The lupon secretary shall issue certified true copies of any public record in his custody that is not by law otherwise declared
confidential.

Section 405. Vacancies in the Pangkat. - Any vacancy in the pangkat shall be chosen by the parties to the dispute from among the
other lupon members. Should the parties fail to agree on a common choice, the vacancy shall be filled by lot to be drawn by the lupon
chairman.

Section 406. Character of Office and Service of Lupon Members. -

(a) The lupon members, while in the performance of their official duties or on the occasion thereof, shall be deemed as
persons in authority, as defined in the Revised Penal Code.
(b) The lupon or pangkat members shall serve without compensation, except as provided for in Section 393 and without
prejudice to incentives as provided for in this Section and in Book IV of this Code. The Department of the Interior and Local
Government shall provide for a system of granting economic or other incentives to the lupon or pangkat members who
 adequately demonstrate the ability to judiciously and expeditiously resolve cases referred to them. While in the performance of
their duties, the lupon or pangkat members, whether in public or private employment, shall be deemed to be on official time,
and shall not suffer from any diminution in compensation or allowance from said employment by reason thereof.

Section 407. Legal Advice on Matters Involving Questions of Law. - The provincial, city legal officer or prosecutor or the municipal legal
officer shall render legal advice on matters involving questions of law to the punong barangay or any lupon or pangkat member
whenever necessary in the exercise of his functions in the administration of the katarungang pambarangay.

Section 408. Subject Matter for Amicable Settlement; Exception Thereto. - The lupon of each barangay shall have authority to bring
together the parties actually residing in the same city or municipality for amicable settlement of all disputes except:
(a) Where one party is the government, or any subdivision or instrumentality thereof;
(b) Where one party is a public officer or employee, and the dispute relates to the performance of his official functions;
(c) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos (P5,000.00);
(d) Offenses where there is no private offended party;
(e) Where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to
submit their differences to amicable settlement by an appropriate lupon;
(f) 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;
(g) Such other classes of disputes which the President may determine in the interest of Justice or upon the recommendation of
the Secretary of Justice.
The court in which non-criminal cases not falling within the authority of the lupon under this Code are filed may, at any time before trial
motu propio refer the case to the lupon concerned for amicable settlement.

Section 409. Venue. -

(a) Disputes between persons actually residing in the same barangay shall be brought for amicable settlement before the
lupon of said barangay.
(b) Those involving actual residents of different barangays within the same city or municipality shall be brought in the barangay
where the respondent or any of the respondents actually resides, at the election of the complaint.
(c) All disputes involving real property or any interest therein shall be brought in the barangay where the real property or the
larger portion thereof is situated.
(d) Those arising at the workplace where the contending parties are employed or at the institution where such parties are
enrolled for study, shall be brought in the barangay where such workplace or institution is located.
Objections to venue shall be raised in the mediation proceedings before the punong barangay; otherwise, the same shall be deemed
waived. Any legal question which may confront the punong barangay in resolving objections to venue herein referred to may be
submitted to the Secretary of Justice, or his duly designated representative, whose ruling thereon shall be binding.

Section 410. Procedure for Amicable Settlement. -

(a) Who may initiate proceeding - Upon payment of the appropriate filing fee, any individual who has a cause of action against
another individual involving any matter within the authority of the lupon may complain, orally or in writing, to the lupon
chairman of the barangay.
(b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon chairman shall within the next working day summon
the respondent(s), with notice to the complainant(s) for them and their witnesses to appear before him for a mediation of their
conflicting interests. If he fails in his mediation effort within fifteen (15) days from the first meeting of the parties before him, he
shall forthwith set a date for the constitution of the pangkat in accordance with the provisions of this Chapter.
(c) Suspension of prescriptive period of offenses - While the dispute is under mediation, conciliation, or arbitration, the
prescriptive periods for offenses and cause of action under existing laws shall be interrupted upon filing the complaint with the
punong barangay. The prescriptive periods shall resume upon receipt by the complainant of the complainant or the certificate
of repudiation or of the certification to file action issued by the lupon or pangkat secretary: Provided, however, That such
interruption shall not exceed sixty (60) days from the filing of the complaint with the punong barangay.
(d) Issuance of summons; hearing; grounds for disqualification - The pangkat shall convene not later than three (3) days from
its constitution, on the day and hour set by the lupon chairman, to hear both parties and their witnesses, simplify issues, and
explore all possibilities for amicable settlement. For this purpose, the pangkat may issue summons for the personal
appearance of parties and witnesses before it. In the event that a party moves to disqualify any member of the pangkat by
reason of relationship, bias, interest, or any other similar grounds discovered after the constitution of the pangkat, the matter
shall be resolved by the affirmative vote of the majority of the pangkat whose decision shall be final. Should disqualification be
decided upon, the resulting vacancy shall be filled as herein provided for.
(e) Period to arrive at a settlement - The pangkat shall arrive at a settlement or resolution of the dispute within fifteen (15) days
from the day it convenes in accordance with this section. This period shall, at the discretion of the pangkat, be extendible for
another period which shall not exceed fifteen (15) days, except in clearly meritorious cases.

Section 411. Form of settlement. - All amicable settlements shall be in writing, in a language or dialect known to the parties, signed by
them, and attested to by the lupon chairman or the pangkat chairman, as the case may be. When the parties to the dispute do not use
the same language or dialect, the settlement shall be written in the language known to them.

Section 412. Conciliation. -

(a) Pre-condition to Filing of Complaint in Court. - No complaint, petition, action, or proceeding involving any matter within the
authority of the lupon shall be filed or instituted directly in court or any other government office for adjudication, unless there
has been a confrontation between the parties before the lupon chairman or the pangkat, and that no conciliation or settlement
 has been reached as certified by the lupon secretary or pangkat secretary as attested to by the lupon or pangkat chairman or
unless the settlement has been repudiated by the parties thereto.
(b) Where Parties May Go Directly to Court. - The parties may go directly to court in the following instances:
(1) Where the accused is under detention;
(2) Where a person has otherwise been deprived of personal liberty calling for habeas corpus proceedings;
(3) Where actions are coupled with provisional remedies such as preliminary injunction, attachment, delivery of
personal property and support pendente lite; and
(4) Where the action may otherwise be barred by the statute of limitations.
(c) Conciliation among members of indigenous cultural communities. - The customs and traditions of indigenous cultural
communities shall be applied in settling disputes between members of the cultural communities.

Section 413. Arbitration. -

(a) The parties may, at any stage of the proceedings, agree in writing that they shall abide by the arbitration award of the lupon
chairman or the pangkat. Such agreement to arbitrate may be repudiated within five (5) days from the date thereof for the
same grounds and in accordance with the procedure hereinafter prescribed. The arbitration award shall be made after the
lapse of the period for repudiation and within ten (10) days thereafter.
(b) The arbitration award shall be in writing in a language or dialect known to the parties. When the parties to the dispute do
not use the same language or dialect, the award shall be written in the language or dialect known to them.

Section 414. Proceedings Open to the Public; Exception. - All proceedings for settlement shall be public and informal: Provided,
however, That the lupon chairman or the pangkat chairman, as the case may be, may motu proprio or upon request of a party, exclude
the public from the proceedings in the interest of privacy, decency, or public morals.

Section 415. Appearance of Parties in Person. - In all katarungang pambarangay proceedings, the parties must appear in person
without the assistance of counsel or representative, except for minors and incompetents who may be assisted by their next-of-kin who
are not lawyers.

Section 416. Effect of Amicable Settlement and Arbitration Award. - The amicable settlement and arbitration award shall have the force
and effect of a final judgment of a court upon the expiration of ten (10) days from the date thereof, unless repudiation of the settlement
has been made or a petition to nullify the award has been filed before the proper city or municipal court.
However, this provision shall not apply to court cases settled by the lupon under the last paragraph of Section 408 of this Code, in
which case the compromise or the pangkat chairman shall be submitted to the court and upon approval thereof, have the force and
effect of a judgment of said court.

Section 417. Execution. - The amicable settlement or arbitration award may be enforced by execution by the lupon within six (6)
months from the date of the settlement. After the lapse of such time, the settlement may be enforced by action in the appropriate city or
municipal court.

Section 418. Repudiation. - Any party to the dispute may, within ten (10) days from the date of the settlement, repudiate the same by
filing with the lupon chairman a statement to that effect sworn to before him, where the consent is vitiated by fraud, violence, or
intimidation. Such repudiation shall be sufficient basis for the issuance of the certification for filing a complaint as hereinabove provided.

Section 419. Transmittal of Settlement and Arbitration. - Award to the Court. - The secretary of the lupon shall transmit the settlement
or the arbitration award to the appropriate city or municipal court within five (5) days from the date of the award or from the lapse of the
ten-day period repudiating the settlement and shall furnish copies thereof to each of the parties to the settlement and the lupon
chairman.

Section 420. Power to Administer Oaths. - The punong barangay, as chairman of the lupong tagapamayapa, and the members of the
pangkat are hereby authorized to administer oaths in connection with any matter relating to all proceedings in the implementation of the
katarungang pambarangay.

Section 421. Administration; Rules and Regulations. - The city or municipal mayor, as the case may be, shall see to the efficient and
effective implementation and administration of the katarungang pambarangay. The Secretary of Justice shall promulgate the rules and
regulations necessary to implement this Chapter.

Section 422. Appropriations. - Such amount as may be necessary for the effective implementation of the katarungang pambarangay
shall be provided for in the annual budget of the city or municipality concerned.

2. Administrative Circular No. 14-93 (Guidelines on the Katarungang Pambarangay Conciliation Procedure to Prevent
Circumvention of the Revised Katarungang Pambrangay Law)

CIRCULAR NO. 14-93 July 15, 1993

TO: ALL REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT
TRIAL COURTS

SUBJECT: GUIDELINES ON THE KATARUNGANG PAMBARANGAY CONCILIATION PROCEDURE TO PREVENT

CIRCUMVENTION OF THE REVISED KATARUNGANG PAMBARANGAY LAW (SECTIONS 399-422, CHAPTER VII, TITLE I, BOOK
III, R.A. 7160. OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991).
The Revised Katarungang Pambarangay Law under R.A. 7160, otherwise known as the local Government Code of 1991, effective on
January 1, 1992, and which repealed P.D. 1508, introduced substantial changes not only in the authority granted to the Lupong
Tagapamayapa but also in the procedure to be observed in the settlement of disputes within the authority of the Lupon.

In order that the laudable purpose of the law may not be subverted and its effectiveness undermined by indiscriminate, improper and/or
premature issuance of certifications to file actions in court by the Lupon or Pangkat Secretaries, attested by the Lupon/Pangkat
Chairmen, respectively, the following guidelines are hereby issued for the information of trial court judges in cases brought before them
coming from the Barangays:

I. All disputes are subject to Barangay conciliation pursuant to the Revised Katarungang Pambarangay Law (formerly P.D. 1508,
repealed and now replaced by Secs. 399-422, Chapter VII, Title I, Book III, and Sec. 515, Title I, Book IV, R.A. 7160, otherwise known
as the Local Government Code of 1991), and prior recourse thereto is a pre-condition before filing a complaint in court or any
government offices, except in the following disputes:
1. Where one party is the government, or any subdivision or instrumentality thereof;
2. Where one party is a public officer or employee, and the dispute relates to the performance of his official functions;
3. 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;
4. Any complaint by or against corporations, partnership or juridical entities, since only individuals shall be parties to Barangay
conciliation proceedings either as complainants or respondents (Sec. 1, Rule VI, Katarungang Pambarangay Rules);
5. 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;
6. Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one (1) year or a fine over five
thousand pesos (P5,000.00);
7. Offenses where there is no private offended party;
8. Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued, specifically
the following:
a. Criminal cases where accused is under police custody or detention (see Sec. 412 (b) (1), Revised Katarungang
Pambarangay Law);
b. Petitions for habeas corpus by a person illegally deprived of his rightful custody over another or a person illegally
deprived or on acting in his behalf;
c. Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property
and support during the pendency of the action; and
d. Actions which may be barred by the Statute of Limitations.
9. Any class of disputes which the President may determine in the interest of justice or upon the recommendation of the
Secretary of Justice;
10. Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) (Sec. 46 & 47, R.A. 6657);
11. Labor disputes or controversies arising from employer-employee relations (Montoya vs. Escayo, et al., 171 SCRA 442; Art.
226, Labor Code, as amended, which grants original and exclusive jurisdiction over conciliation and mediation of disputes,
grievances or problems to certain offices of the Department of Labor and Employment);
12. Actions to annul judgment upon a compromise which may be filed directly in court (See Sanchez vs. Tupaz, 158 SCRA
459).

II. Under the provisions of R.A. 7160 on Katarungang Pambarangay conciliation, as implemented by the Katarungang Pambarangay
Rules and Regulations promulgated by the Secretary of Justice, the certification for filing a complaint in court or any government office
shall be issued by Barangay authorities only upon compliance with the following requirements:
1. Issued by the Lupon Secretary and attested by the Lupon Chairman (Punong Barangay), certifying that a confrontation of
the parties has taken place and that a conciliation settlement has been reached, but the same has been subsequently
repudiated (Sec. 412, Revised Katarungang Pambarangay Law; Sec. 2[h], Rule III, Katarungang Pambarangay Rules);
2. Issued by the Pangkat Secretary and attested by the Pangkat Chairman, certifying that:
a. a confrontation of the parties took place but no conciliation/settlement has been reached (Sec. 4[f], Rule III, Katarungang
Pambarangay Rules; or
b. that no personal confrontation took place before the Pangkat through no fault of the complainant (Sec. 4[f], Rule III,
Katarungang Pambarangay Rules).
3. Issued by the Punong Barangay, as requested by the proper party on the ground of failure of settlement where the dispute
involves members of the same indigenous cultural community, which shall be settled in accordance with the customs and
traditions of that particular cultural community, or where one or more of the parties to the aforesaid dispute belong to the
minority and the parties mutually agreed to submit their dispute to the indigenous system of amicable settlement, and there
has been no settlement as certified by the datu or tribal leader or elder to the Punong Barangay of place of settlement (Secs.
1,4 & 5, Rule IX, Katarungang Pambarangay Rules); and
4. If mediation or conciliation efforts before the Punong Barangay proved unsuccessful, there having been no agreement to
arbitrate (Sec. 410 [b], Revised Katarungang Pambarangay Law; Sec. 1, c. (1), Rule III, Katarungang Pambarangay Rules), or
where the respondent fails to appear at the mediation proceeding before the Punong Barangay (3rd par. Sec. 8, a, Rule VI,
Katarungang Pambarangay Rules), the Punong Barangay shall not cause the issuance at this stage of a certification to file
action, because it is now mandatory for him to constitute the Pangkat before whom mediation, conciliation, or arbitration
proceedings shall be held.

III. All complaints and/or informations filed or raffled to your sala/branch of the Regional Trial Court shall be carefully read and
scrutinized to determine if there has been compliance with prior Barangay conciliation procedure under the Revised Katarungang
Pambarangay Law and its Implementing Rules and Regulations, as a pre-condition to judicial action, particularly whether the
certification to file action attached to the records of the case comply with the requirements hereinabove enumerated in par. II;

IV. A case filed in court without compliance with prior Barangay conciliation which is a pre-condition for formal adjudication (Sec. 412 [a]
of the Revised Katarungang Pambarangay Law) may be dismissed upon motion of defendant/s, not for lack of jurisdiction of the court
but for failure to state a cause of action or prematurity (Royales vs. IAC, 127 SCRA 470; Gonzales vs. CA, 151 SCRA 289), or the court
may suspend proceedings upon petition of any party under Sec. 1, Rule 21 of the Rules of Court; and refer the case motu proprio to the
appropriate Barangay authority, applying by analogy Sec. 408 [g], 2nd par., of the Revised Katarungang Pambarangay Law which
reads as follows:
The court in which non-criminal cases not falling within the authority of the Lupon under this Code are filed may at any time
before trial, motu proprio refer case to the Lupon concerned for amicable settlement.

Strict observance of these guidelines is enjoined. This Administrative Circular shall be effective immediately.

E. Family Code Provisions on Conflict Resolution

1. Articles 96 and 124, Family Code (administration of property)

Art. 96. The administration and enjoyment of the community property shall belong to both spouses jointly. In case of disagreement, the
husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five
years from the date of the contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties, the
other spouse may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of
the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall
be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person,
and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is
withdrawn by either or both offerors.

Art. 124. The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. In case of disagreement,
the husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five
years from the date of the contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties, the
other spouse may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of
the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall
be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person,
and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is
withdrawn by either or both offerors.

2. Articles 211 and 225, Family Code (parental authority and guardianship)

Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of
disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.
Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are
under parental authority.

Art. 225. The father and the mother shall jointly exercise legal guardianship over the property of the unemancipated common child
without the necessity of a court appointment. In case of disagreement, the father's decision shall prevail, unless there is a judicial order
to the contrary.
Where the market value of the property or the annual income of the child exceeds P50,000, the parent concerned shall be required to
furnish a bond in such amount as the court may determine, but not less than ten per centum (10%) of the value of the property or
annual income, to guarantee the performance of the obligations prescribed for general guardians.
A verified petition for approval of the bond shall be filed in the proper court of the place where the child resides, or, if the child resides in
a foreign country, in the proper court of the place where the property or any part thereof is situated.
The petition shall be docketed as a summary special proceeding in which all incidents and issues regarding the performance of the
obligations referred to in the second paragraph of this Article shall be heard and resolved.
The ordinary rules on guardianship shall be merely suppletory except when the child is under substitute parental authority, or the
guardian is a stranger, or a parent has remarried, in which case the ordinary rules on guardianship shall apply.

3. Article 69 (domicile)

Art. 69. The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide.
The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling
reasons for the exemption. However, such exemption shall not apply if the same is not compatible with the solidarity of the family.

4. Article 73 (profession)

Art. 73. Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. The
latter may object only on valid, serious, and moral grounds.
In case of disagreement, the court shall decide whether or not:
(1) The objection is proper, and
(2) Benefit has occurred to the family prior to the objection or thereafter. If the benefit accrued prior to the objection, the resulting
obligation shall be enforced against the separate property of the spouse who has not obtained consent.
The foregoing provisions shall not prejudice the rights of creditors who acted in good faith.

5. Article 151 (suit between members of the family)

Art. 151. No suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that
earnest efforts toward a compromise have been made, but that the same have failed. If it is shown that no such efforts were in fact
made, the same case must be dismissed.
This rules shall not apply to cases which may not be the subject of compromise under the Civil Code.

F. Mediation and Conciliation

1. Pre-trial procedures in mediation and conciliation

What is the step-by-step procedure for mediation?

Upon the filing of certain pleadings, the P500.00 mediation fee will be collected by the Clerk of Court. After your case is determined to
be mediatable, the Branch Clerk of Court will issue a Notice of Order of Pre-Trial. Both parties and their counsel will be required to
appear before the judge. The court will order you both to the Philippine Mediation Center (PMC) Unit for an orientation on mediation.

The Daily Supervisor (DS) of the unit will explain the mediation process. The mediation proceedings are scheduled at your earliest
convenience, usually within five to seven working days.

The DS then presents a list of accredited mediators for both parties to choose and agree on. If you can not select one, the DS will
assign the mediator to your case and will notify the mediator through a Notice of Mediation validated by the
judge. This makes the mediator an Officer of the Court.

The mediation session then proceeds on the scheduled date in an open and informal setting to encourage ommunication. You will have
30 days for the proceedings, extendible to another 30 days

What will happen when both parties can not seem to agree?

When a settlement can not be reached through court-annexed mediation, the case is referred back to the pre-trial judge. This begins
the JDR process. If this still fails, the case is moved to another judge for trial.

2. Administrative Order No. 33-2008 (Defining the Organization, Powers, and Functions of the PMCO and MCUs)

3. Judicial Dispute Resolution Guide