Perez, Geraldine K.

November 29, 2020

KBA PolSci Local Government
 Explain the Process of Arbitration under the Katarungang Pambarangay Law
Arbitration is defined as the method wherein the third party from outside the judiciary system is
determined by parties to hear and settle their dispute. Thus, when we say outside the judicial system it
happens in the barangay because it is only within this unit that a judicial hearing can occur aside from the
judiciary branches itself. Whereas, Katarungang Pambarangay is a Barangay Justice System where a
community-based dispute settlement mechanism is administered by the barangay. This law is under Book
III, Chapter 7 of the Local Government Code.
Below are the process of Arbitration under the Katarungang Pambarangay Law.
1. In the Katarungang Pambarangay before dealing with any disputes there must be first the
Creation of the Lupon. This Lupon is spearheaded by the Punong Barangay together with not less
than 10 and higher than 20 members that will work together as tribunals and advisors. Hence, in
this lupon, only 3 members are chosen in every conciliation and we call it a pangkat.
2. If there are cases of disputes presented to the barangay the Chairman shall have the power and
authority to mediate the case within its jurisdiction. Hence, if the case has happened from other
barangays then the dispute will be settled in the choice of the complainant.
3. The cases that are only settled in the Katarungang Pambarangay include all disputes, it maybe
civil or criminal in nature, and it should only be cases that are possible for an amicable
settlement. Thus, it does not include cases where there is a maximum penalty of 1 year or more
and with a fine of 5,000 as well as that of cases that involve no private individual. Whereas the
parties that has filed a complaint residing in the same city or municipality are subject to
proceedings of an amicable settlement.
4. In the process of an amicable settlement, a formal complaint should be filed to the Barangay
Captain in a form of writing only. A minimal fee is usually charged towards the complainant, and
it is paid to the barangay treasurer. Take note that if the matter is within your areas of jurisdiction
the case shouldn’t be directly sent to the court. Because in the first place, the court will not accept
the case if the complainant hasn't undergone the process of mediation and conciliation within the
barangay.
5. The barangay secretary will record the complaint and shall assign a docket number for the said
issue. The docket number is the tracking number for the matter. In this manner your case will be
lined up with the other cases to determine when they will conduct your hearing.
6. After the complaint following the next process, the Punong Barangay shall release a summon
three days before the hearing for both parties to appear before him, included here is the specific
time and date of the hearing. If the complainant failed to appear during the hearing without any
justifiable reason then the case is dismissed as well as that they can no longer file a complaint in
court worst is that they can be reprimanded for indirect contempt. The same goes that of the
complainant who failed to appear because her/his counterclaim is dismissed. Thus they can no
longer file a case in court and can be reprimanded for indirect contempt.
7. In the mediation procedure, the Punong Barangay will only sit as a mediator because the two
parties shall solve their own dispute. If a settlement is reached then the case is considered close.
In the terms and conditions of their settlement, we should remember that it should be written in a
language where both parties can understand. The amicable settlement is deemed effective after 10
days when there is no longer protest from both parties, the settlement is executed and therefore it
 will take effect just like a decision of a court. Hence, if the event happens the other way around
then there is a need to call for the pangkat.
8. If the mediation was pushed to its limit yet the parties failed to come to an amicable settlement
then there shall be a conciliation proceeding to take place. The Punong Barangay shall constitute
the pangkat tagapagsundo within 15 days from the last day of the mediation proceedings.
Obviously, this pangkat is formed to end the dispute through possible recommendations from all
of the members included herein. This pangkat is composed of three members within the Lupon
and only the complainant and the respondent shall choose who shall attend herein. Hence, if the
parties failed to choose from the lupon of who will be the member in the pangkat the Punong
Barangay will draw lots and the three individuals picked will serve as the pangkat. In the
conciliation proceedings, they will narrow down every possible solution to finally settle the
problem.
9. Within the pangkat, the members will choose who will serve as the chairman or the secretary. A
member of the pangkat shall be disqualified if he or she holds a relationship that will pose bias
decisions within the dispute. Thus, a new member of the pangkat will be chosen by both parties
and if they failed to agree once again the chairman shall draw lots to finally fill the vacancy.
10. In the first meeting, the pangkat will hear and assit both of the parties and explore on possible
settlement within 15 days and it is probable to continue again for another 15 days for meritorious
cases.
11. If for instance that one of the parties both failed to appear before the pangkat then the chairman
shall set a date where these party/ies will explain the reason on their absence. If the complainant
was the one who failed to appear during the hearing then the complaint is dismissed much of that
a certification shall be filed to any court to barred the same case, it is also possible to file an
indirect contempt towards the complainant. Hence, if it is the respondent who failed to present a
justifiable reason then his/her counterclaim is forfeited same as that it would is barred from any
court. In a similar manner a case of indirect contempt can also be filed due to the refusal to appear
before the court.
12. If the pangkat has finally reached a successful conciliation then the amicable settlement shall be
written in a language that is known to both parties and it shall be attested by the pangkat
chairman and the lupon chairman. After 10 days the amicable settlement shall have the force and
effect of final judgement of a court. 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.
13. Hence, in case that there are still no amicable settlement despite the mediation and conciliation
then a certification to file action 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.