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CIVPRO Reviewer by Chi

CIVPRO Reviewer by Chi

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CIVPRO Reviewer | Dean M. V. F. Leonen | AY 2009-2010, 2
nd
Semester Page 1 of 54
Karichi E. Santos | UP Law 2012
CAVEAT: If you are not Karichi and you use thisas reference for CivPro under Dean Leonen, youare a CHEATEEEEEEER!!! LOL? NO SERIOUSLY.
Use at your own risk.
Part I. Dispute Resolution in General
RA
 
7160,
 
B
OOK 
III,
 
T
ITLE
I,
 
C
HAPTER
VII
 
(K 
 ATARUNGANG
P
 AMBARANGAY 
)
LUPONG TAGAPAMAYAPA
A.
 
Composition
§ 399 (a)-
 
Punong barangay (hereinafter PB) as the chairman-
 
Barangay Secretary as the lupon secretary
Du
ties
 
of 
l
u
pon
 
secretary
§ 399 (a)1.
 
R
ecord the results of mediation proceedings before PB2.
 
Submit a report thereon to proper city/muni court3.
 
R
eceive and keep the records of proceedingssubmitted to him by the various conciliation panels-
 
10 to 20 members, to be appointed by the punongbarangayB.
 
T
erm
 Constituted every 3 years § 399 (a)C.
 
F
u
nctions
§4021.
 
Exercise administrative supervision over the conciliationpanels (i.e.
 pangkat ng tagapagkasundo
)2.
 
M
eet regularly once a month to:a.
 
Provide a forum for exchange of ideas among itsmembers and the public on matters relevant toamicable settlement of disputesb.
 
Enable various conciliation panel members to sharewith one another their observations and experiences ineffecting speedy resolution of disputes3.
 
Exercise such other powers AND perform such other dutiesand functions as may be prescribed by law or ordinanceD.
 
P
owers
§420-
 
Administer oaths in connection with any matter relating toALL proceedings in the implementation of KPE.
 
u
a
l
ification
 
of 
 
members
§ 399 (b)1.
 
Actually residing O
R
working in the barangay2.
 
Not otherwise expressly disqualified by lawDisqualifications § 410 (d)a.
 
R
elationshipb.
 
Biasc.
 
Interestd.
 
Any other similar ground discovered AFTE
R
theconstitution of the 
 pangkat 
3.
 
Possessing:a.
 
Integrityb.
 
Impartialityc.
 
Independence of mindd.
 
Sense of fairnesse.
 
R
eputation for probityF.
 
P
roced
u
re
 
for
 
appointing
 
the
members
 
of 
 
the
l
u
pon
 
1.
 
NOTICE to constitute lupon § 399 (c)
o
 
Contains what? Names of proposed members,who have expressed willingness to serve
o
 
By whom? Prepared by the punong barangay
o
 
W
hen?
W
ithin first 15 days from start of his term2.
 
POSTING of proposed members § 399 (c)
o
 
W
here? In 3 conspicuous places in the barangay
o
 
H
ow long? Continuously for period of not lessthan 3 weeks3.
 
APPOINT
M
ENT § 399 (d)
o
 
PB shall take into consideration oppositions andrecommendations to proposed appointmentmade during the period of posting
o
 
W
hen?
W
ithin 10 days after posting
o
 
H
ow? Appointment shall be in writing, signed byPB and attested to by the secretary4.
 
POSTING of approved members § 399 (e)
o
 
W
here? 3 conspicuous places in the barangay
o
 
H
ow long? For the entire duration of their term5.
 
If majority of inhabitants are members of indigenouscultural communities
 
, local system of dispute resolutionthrough their council of elders or datus shall be recognizedwithout prejudice to the applicable provisions of this Code.§ 399 (e)6.
 
OAT
H
of office
o
 
Before the PB
o
 
TE
RM
: 3 years
unless
sooner terminated by:
y
 
R
esignation
y
 
Transfer of residence O
R
place of work
y
 
W
ithdrawal of appointment by the PB,with the concurrence of the majority of all the members of the luponG.
 
V
acancies
§ 401-
 
PB shall immediately appoint a qualified person-
 
H
old office only for the unexpired portion of the term
C
O
VER
AG
E
O
F
KATA
R
UNGANG PAMBA
R
ANGAY
§ 408A.
 
Parties actually residing in the same city or municipalityB.
 
Exceptions:1.
 
W
here one party is the government
 
, or any subdivision orinstrumentality thereof 2.
 
W
here one party is a public officer or employee
 
, AND thedispute relates to the performance of his official functions3.
 
Offenses punishable by imprisonment exceeding 1 year O
R
 a fine exceeding P50004.
 
Offenses where there is no private offended party5.
 
W
here the disputes involves real properties located indifferent cities or municipalities,
unless
the parties theretoagree to submit their differences to amicable settlement byan appropriate lupon6.
 
Dispute involving parties who actually reside in barangaysof different cities or municipalities
 
,
except 
where [1] suchbarangay units adjoin each other AND the [2] parties agreeto submit their differences to amicable settlement by anappropriate lupon7.
 
Such other classes of disputes which the President maydetermine in the interest of justice O
R
upon therecommendation of the Secretary of Justice. The court inwhich non-criminal cases not falling within the authority of the lupon under this Code are filed may, at any time beforetrial,
m
otu proprio
refer the case to the lupon concerned foramicable settlement
VE
NU
E
 
A.
 
W
here
 
to
 
fi
l
e
 
comp
l
aint?
§ 4081.
 
Same barangay: lupon of said barangay2.
 
Different barangay within same city/municipality:a.
 
If only one respondent  barangay of respondentb.
 
If several respondents  complainant chooses3.
 
R
eal property or interest therein: location of property O
R
 the larger portion thereof 
 
CIVPRO Reviewer | Dean M. V. F. Leonen | AY 2009-2010, 2
nd
Semester Page 2 of 54
Karichi E. Santos | UP Law 2012
4.
 
Arising at workplace/institution: location of suchworkplace/institutionB.
 
O
bjections
 
to
v
en
u
e
 
§ 408 (d)1.
 
R
aised in the mediation proceedings before the PB2.
 
Failure to do so, it shall be deemed waived3.
 
Legal questions which may confront the PB in resolvingquestions to venue
o
 
may be submitted to Secretary of Justice or hisduly designated representative
o
 
any ruling thereof shall be binding
P
R
O
C
E
D
U
RE
 
There are actually three possible phases/proceedings in KatarungangPambarangay. I say possible because while the first two aremandatory (i.e. condition precedent for filing a civil action) the thirdone is completely optional.1.
 
M
ediation
 before the PB2.
 
Failing that:
Conci
l
iation
 before the pangkat ngtagapagkasundo or conciliation panels3.
 
At any stage of the proceedings AND by agreement of theparties:
A
rbitration
 before the lupon chair O
R
pangkat
S
U
S
P
E
N
SI
ON O
F
P
RE
SC
R
I
PT
I
VE
P
ER
I
O
D
O
F
O
FFE
N
S
E
S
 
§ 410 (b)
 
y
 
All these proceedings (mediation, conciliation and arbitration)toll the running (i.e. suspend/interrupt) of the prescriptiveperiods for offenses AND cause of actions upon filing of thecomplaint with PB.
y
 
It shall resume upon receipt by the complainant of certificate of repudiation O
R
certificate to file action issued by pangkat/luponsecretary.
y
 
H
owever, the interruption shall not exceed 60 days. Therefore,this means that there is a time bar for the entire KP proceeding.
M
E
D
I
AT
I
ON
A.
 
F
i
l
ing
 
of 
 
the
 
comp
l
aint
§ 410 (a)1.
 
W
ho may file? Any individual who has a cause of actionagainst another, involving any matter within the authorityof the lupon2.
 
W
here?
W
ith the lupon chairman of the barangay i.e. PB3.
 
Form?
M
ay be [1] orally O
R
[2] in writingB.
 
M
ediation
 
by
l
u
pon
 
chairman
 
§ 410 (b)1.
 
Summon the respondent(
W
hen?
W
ithin next working day after receipt of complaint)2.
 
Notice to the complainant & witness to appear before himC.
 
If 
 
he
 
s
u
cceeds:
 
Amicable settlement § 4111.
 
In writing2.
 
Language/dialect known to them3.
 
Signed by the parties4.
 
Attested to by the lupon/pangkat chairmanD.
 
If 
 
he
 
fai
l
s
 
in
 
his
 
mediation
 
efforts
: Proceed to conciliation1.
 
W
ithin 15 days from first meeting (i.e. PBs fixed deadline toeffect a mediation)2.
 
Set a date for the constitution of the pangkat
C
ON
CI
L
I
AT
I
ON
A.
 
Constit
u
tion
 
of 
 
the
 
pangkat
§ 4041.
 
Constitute for each dispute brought before the lupon2.
 
W
hen? After the mediation proceeding failed (i.e. lapse of 15 days without amicable settlement)B.
 
Composition
§ 4041.
 
Parties choose 3 members from the list of lupon members2.
 
If they fail to agree on pangkat membership: PB draws lots3.
 
In case of vacancy (e.g. disqualified under § 410 d): partieschoose again O
R
in case of failure, PB draws lots again § 4054.
 
3 members constituting the pangkat shall elect a chairmanand secretary (in effect, isa lang yung walang title hehe) --
Du
ties
 
of 
 
the
 
pangkat
 
secretary:
 
o
 
Prepare minutes of pangkat proceedings
o
 
Submit a copy (duly attested to by lupon chair) tothe lupon sec and proper city/muni court
o
 
Issue and cause to be served notices to the parties
o
 
Issue certified true copies of any public record inhis custody that is not by law otherwise declaredconfidentialC.
 
Conci
l
iation
 
proceedings
§ 410 (d)1.
 
Convene not later than 3 days from constitution, on the dayand hour set by the lupon chair2.
 
W
hat they ought to do:
o
 
H
ear both parties and their witnesses
o
 
Simplify issues
o
 
Explore all possibilities for amicable settlement3.
 
H
as the power to issue summons for personal appearanceof parties and witnesses before itD.
 
D
isq
u
a
l
ification
 
of 
 
a
 
member
§ 410 (d)-
 
Due to relationship, bias, interest or other similar grounds-
 
R
esolve by affirmative vote of majority of the pangkat (i.e.two votes-
 
Decision shall be final
no remedy if decided against themovant because after all, its not as if youll agree.-
 
R
esulting vacancy filled by the procedure earlier mentionedE.
 
P
eriod
 
to
 
arri
v
e
 
at
 
a
 
sett
l
ement
 
O
R
 
reso
l
u
tion
§ 410 (e)-
 
It also has a deadline:
W
ithin 15 days from day it convened-
 
Extendible at the discretion of pangkat: Only for 15 days,
except 
in clearly meritorious casesF.
 
P
re-condition
 
to
 
fi
l
ing
 
of 
 
comp
l
aint
 
in
 
co
u
rt
(this is where welearn that it is a
condition
 
precedent
) § 412 (a)-
 
Lupon/pangkat sec must issue a certification (attested bythe chairman) that:A. Certification to file action1.
 
There has been a confrontation between the partiesbefore the lupon chair (i.e. PB)2.
 
No conciliation or settlement has been reachedB. Certificate of repudiation  settlement has been repudiated bythe parties theretoG.
 
W
here
 
parties
 
may
 
go
 
direct
l
y
 
to
 
co
u
rt
§ 412 (b)1.
 
Accused is under detention2.
 
Person has otherwise been deprived of personal libertycalling for habeas corpus proceedings3.
 
Actions are coupled with provisional remedies e.g. preliminjunction, attachment, delivery of personal property(replevin) and support pendente lite4.
 
Action may otherwise be barred by the statute of limitations
A
R
B
I
T
R
AT
I
ON
§ 413
 
A.
 
W
hen allowed? At any stage of the proceedingsB.
 
H
ow entered into?1.
 
Agreement of parties in writing (agreement to arbitrate)2.
 
That they shall abide by the arbitration award of lupon chairO
R
pangkat (kasi nga it may be done in either stage)C.
 
R
epudiation of agreement to arbitrate1.
 
W
hen allowed?
W
ith 5 days from the date thereof (only half of the period allowed for settlements and arb awards)2.
 
Procedure? See separate heading for 
R
epudiationD.
 
Arbitration award1.
 
In writing
 
CIVPRO Reviewer | Dean M. V. F. Leonen | AY 2009-2010, 2
nd
Semester Page 3 of 54
Karichi E. Santos | UP Law 2012
2.
 
In a language or dialect known to the parties
P
R
O
C
EE
D
I
NG
S
 
§ 414
 
A.
 
Public and informalB.
 
Exception: exclude the public from the proceedings in theinterest of privacy, decency or public moralsC.
 
H
ow to invoke the exception?
M
otu proprio by lupon/pangkatchair O
R
upon request of a partyD.
 
A
ppearances
§ 4141.
 
Always appear in person2.
 
No lawyers or representatives allowedException:
M
inors and incompetents, assisted by their next-of-kin who are not lawyers
EFFE
C
T O
F
AM
IC
ABL
E
 
S
E
TTL
E
M
E
NT & A
R
B
I
T
R
AT
I
ON A
W
A
R
D
 
§ 416
 
A.
 
H
ave the force and effect of a final judgment [Implication: Nolonger appealable kasi its as if the 15 day appeal period haslapsed and judgment already entered]B.
 
Exception: Court referred cases under § 408 (g) in which case:Compromise settlement agreed upon by the parties before thelupon/pangkat chair shall be [1] submitted to the court and [2]only upon approval thereof shall it have the force and effect of a judgment of said court sC.
 
W
hen to have force and effect of an FJ? Upon expiration of 10days (i.e. period to repudiate)Exception to the force and effect of an FJ: repudiation of settlement O
R
petition to nullify the award has been filed beforethe proper city or municipal court
RE
PU
D
I
AT
I
ON
§ 418
 
A.
 
W
ho may repudiate? Any party to the disputeB.
 
W
hen?
W
ithin 10 days from the date of settlementC.
 
H
ow?1.
 
File with the lupon chair2.
 
W
hat? Statement to that effect, sworn to before him (PB)D.
 
Grounds? Consent is vitiated by FVI: fraud, violence orintimidationE.
 
Effect? Sufficient basis for issuance of CTFA
EXE
C
UT
I
ON
§ 417
 
A.
 
6 months from date of settlement  execution by the luponB.
 
After the lapse of such time  execution by action in theappropriate city or municipal court
T
R
AN
S
M
I
TTAL O
F
 
S
E
TTL
E
M
E
NT AN
D
A
R
B A
W
A
R
D
TO
C
OU
R
T
§ 417A.
 
Duty of the lupon sec to transmit the settlement/arb award tothe appropriate city/muni courtB.
 
W
hen?
W
ithin 5 days from date of award O
R
from lapse of 10day period repudiating the settlementC.
 
Duty of the lupon sec to furnish copies to
o
 
Each of the parties
o
 
Lupon chairman
Deans discussion:
y
 
Supposing a complainant who resides in QC wants to file a caseagainst two respondents, one lives in QC and the other in
M
akati.
y
 
Does the lupon ever meet as a body?
y
 
Then he goes ballistic. You want to be a LA
W
yer, not a caser, jurisprudence, articleser. Law is about remembering. You clutchtightly. You eat, sleep and die with law.
y
 
Failure to do a condition precedent may be waived.
H
ow?
W
henit is not seasonably raised before an answer is filed.
Implication: KP is mandatory for the complainant but optionalfor the respondent.
y
 
W
hat does a mediator do? Its a go-between. Kalingas warringtribes and mansasakusa.
y
 
The Brad Pitt ambition dispute but then hes gay so him firstbefore me.
y
 
W
hat
 
is
 
the
 
difference
 
of 
 
amicab
l
e
 
sett
l
ement
 
from
 
any
 
other
 
contracts?
 
W
hat is its consequence that does not visit othercontracts? It has the effect of a
fina
l
 j
u
dgment
 
, it goes directly toenforcement. Execution without the need of going to the court.
y
 
Is there default in KP like in
R
ule 9.3 for failure to appear? No.There are reasons why its not possible.1.
 
Law does not grant authority to the PB to cite a party indefault, because he does not adjudicate, only mediates.
H
eis part of the LGU which is under executive, hence how canyou apply an issuance of the judiciary to another branchwithout violating the principle of separation of powers?2.
 
W
e cannot assume that
R
OC applies to an out of court orquasi-judicial proceeding.
y
 
A
ppea
l
is not available in amicable settlement. Its final. It isdecided by parties coming to a meeting of the mind. No sensebringing it to court for reinterpretation.
y
 
W
hy not allowed to appeal an amicable settlement?
W
hat doesan adjudicator do that a mediator doesnt? Trial, i.e. evaluationof the evidence as to the existence of constitutive facts andwhether the law has been validly invoked.
W
hether or not thecause of action exists. Question of fact, question of law.Evidence.
y
 
R
ep
u
diation
: After the 10 day period can counsel now bepresent? Yes. To represent the party? No.
A
DJ
U
D
IC
AT
I
ON A
R
B
I
T
R
AT
I
ON
Judgment Arbitral award
R
ules of procedure strictly laiddown in the
R
oC
M
ore party autonomy as to whodecides and how to decideChoice of procedure: may beinstitutional (e.g. UNCIT
R
AL), adhoc (e.g. 3 hearings only,memorandum)Always Philippine laws (orconflicts of law)EvidenceJudges are promoted regardlessof the quality of their decisions(rumors that hes on the tape)Arbitrators have marketincentive. They are chosenbecause of the quality andacceptability of their arb awards.They are not necessarily lawyersbut its better if they are.1
M
for the entire procedure5K for every appearance1
M
upfront for arbitration whichwill stand a lifetime and withmore satisfactory results.
G
aluba v Laureta
y
 
Any party who fails to avail himself of the remedy (repudiationwithin 10 days) must face the consequences of the amicablesettlement as he can no longer file an action in court to redresshis grievances.
y
 
Amicable settlement and arb award have the force and effect of FJ unless repudiation has been made within the 10 day period ora petition for nullification of award has been filed in court.
y
 
P.D. 1508 does not provide for a judicial procedure for theannulment of an amicable settlement, because the remedy of repudiation supplants the remedy of a court annulment.
y
 
Petition for nullification refers to an arbitral award and not to anamicable settlement.

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