DISPUTE- TO ENGAGE IN ARGUMENT (PAKIKIPAG DIALOGO) OR IT CAN BE DEFINED AS

DEBATE.

RESOLUTION- FINDING A SOLUTION OR DECISION IN A CERTAIN CASE.

DISPUTE RESOLUTION- IS A TERM THAT REFERS TO A NUMBER OF PROCESSES THAT

CAN BE USED TO RESOLVE A CONFLICT.

THE DISPUTE RESOLUTION WILL BE DEEMED AS A FAILURE IF THE CASE WILL BE

ELEVATED IN COURT.

DISPUTE RESOLUTION IS ALSO TERMED AS “ALTERNATIVE DISPUTE RESOLUTION”

, APPROPRIATE DISPUTE RESOLUTION, OR JUST SIMPLY “ADR”

THE USES OF DISPUTE RESOLUTION

1. DISPUTE RESOLUTION IS CHEAPER.
2. IT IS FASTER THAN THE CONVENTIONAL LEGAL PROCESS.
3. GREATER PARTICIPATION OF BOTH PARTIES.
4. CONTROL OVER THE OUTCOME OF THE DISPUTE-.

NOTA BENE:
IN DISPUTE RESOLUTION THE DECISION OF THE MEDIATOR, CONCILLIATOR,
OR BARANGAY CHAIRMAN OF LUPON TAGAPAGKASUNDO OR THE CHAIRMAN
OF PANGKAT, MAYBE ADHERED TO OR NOT.

DO YOU NEED AN ATTORNEY IN A PARTICIPATION IN A DISPUTE RESOLUTION?

THE ANS IS NO.

NOTE:
NEUTRAL THIRD PERSON- THIS IS THE MEDIATOR, CONCILLATOR, OR THE JUDGE
INVOLVED IN DISPUTE RESOLUTION. HE MUST NOT HAVE SIDED WITH EITHER PARTY.

DIFFERENT TYPES OF DISPUTE RESOLUTION PROCESSES.

1. MEDIATION
2. ARBITRATION
3. LITIGATION

MEDIATION- THE GOAL OF MEDIATION IS FOR THE NEUTRAL THIRD PERSON TO HELP
THE DISPUTANT COME INTO A CONSENSUS OF THEIR OWN.

THE MEDIATOR HERE IS ONLY FOR GUIDANCE AND HAS NO AUTHORITY TO FORCE
THE PARTIES TO ACCEPT HIS SUGGESTION.

RATHER THAN IMPOSING A SOLUTION, A PROFESSIONAL MEDIATOR WORKS WITH

THE CONFLICTING SIDES TO EXPLORE INTERESTS.

IS IT ALLOWED IN MEDIATION THAT A PARTY WILL VENT HIS GRIEVANCE OR

FEELINGS?
YES, IT IS ALLOWED.

NOTE:
IT IS ALLOWED TO VENT GRIEVANCE HOWEVER IT MUST BE WITHIN THE BOUNDARY
OF LAW (NOT SLANDEROUS OR LIBELOUS)

A NEUTRAL THIRD PERSON OR PARTY IN MEDIATION IS CALLED A MEDIATOR.

ARBITRATION- IN ARBITRATION, THE NEUTRAL THIRD PARTY OR PERSON SERVES AS

A JUDGE WHO IS RESPONSIBLE FOR SOLVING THE DISPUTE.

THE ARBITRATOR LISTENS AS EACH SIDE ARGUES ITS CASE AND PRESENTS
RELEVANT EVIDENCE.

WHAT LEGAL PROCEDURES SHOULD APPLY IN ARBITRATION?

THE ANS IS SUMMARY OF PROCEDURES.

IS THE RULE OF EVIDENCE UNDER THE REVISED CRIMINAL PROCEDURE SHOULD

APPLY IN ARBITRATION?
THE ANS IS YES.

NOTE:
THE NEUTRAL THIRD PARTY OR PERSON IN ARBITRATION IS THE ARBITRATOR.

LITIGATION- THE MOST FAMILIAR TYPE OF DISPUTE RESOLUTION.

THAT THE DEFENDANT FACES OFF AGAINST THE PLAINTIFF.

NOTE:’
THE NEUTRAL THIRD PERSON/PARTY IN LITIGATION IS THE JUDGE.

IN LITIGATION, THE JUDGE IS RESPONSIBLE FOR WEIGHING THE EVIDENCE

PRESENTED BY BOTH PARTIES.

IN CIVIL CASES, THE WEIGHT OF EVIDENCE IS TERMED AS?

THE ANSWER IS A PREPONDERANCE OF EVIDENCE.

WHO DOMINATES THE LITIGATION PROCESS?

LAWYERS.

THE DIFFERENT STAGES OR STEPS IN DISPUTE RESOLUTION

1. PREVENTION AND COOPERATION STAGE- WHERE PARTIES CAN USE

PREVENTION AND COOPERATION TECHNIQUES, TAILORED TO ENCOURAGE
ALIGNMENT OF INTEREST, IMPROVE COOPERATION, AND PREVENT AND
MINIMIZE THE ADVERSE EFFECT OF THE PROBLEMS.

NOTE: PREVENT AND COOPERATION STAGE IS UNDER THE MEDIATION

PROCESS.
2. DISPUTE DE-ESCALATION, CONTROL, AND REAL-TIME RESOLUTION STAGE-
WHERE PARTIES CAN USE TECHNIQUES TO REALISTICALLY SOLVE THE
PROBLEMS.
IN THIS STAGE THE FOCUS IS TO DE-ESCALATE THE PROBLEMS.

NOTE:
THIS IS STILL IN THE MEDIATION PROCESS.

3. FACILITATED RESOLUTION STAGE - WHERE THE PARTIES ARE ASSISTED BY

THE ARBITRATORS OTHERSTHER. THE USE OF VARIOUS TECHNIQUES.

NOTE: THIS STAGE IS IN THE ARBITRATION PROCESS.

4. THE BINDING RESOLUTION STAGE- BINDING MEANS MANDATORY- WHERE ALL

OTHER EFFORTS AT RESOLUTIONS HAVE FAILED.

WHAT IS THE OTHER TERM FOR THE BINDING RESOLUTION STAGE?

ADJUDICATION STAGE.

THE DISPUTE WILL BE RESOLVED BY A NEUTRAL THIRD PERSON LIKE A JUDGE.

NOTA BENE- THIS STAGE IS UNDER THE LITIGATION PROCESS.

WHAT IS THE VENUE FOR THE BINDING RESOLUTION STAGE?

COURT.

ALTERNATIVE DISPUTE RESOLUTION OR ADR

ADR- ANY PROCESSES OR PROCEDURES USE TO RESOLVE A DISPUTE OR

CONTROVERSY, OTHER THAN ADJUDICATION OF A PRESIDING JUDGE OR
OFFICER OF COURT.

NOTE: IT IS NOT POSSIBLE THAT IN ADR THERE IS NO NEUTRAL THIRD

PERSON.

PROCESS UNDER ADR (PHILIPPINE STANDARD)

- MEDIATION
IN THE PROCESS OF MEDIATION, THUS BOTH PARTIES REQUIRED TO
ATTEND?
NO, IT IS A VOLUNTARY PROCESS.

WHO WILL SELECT THE MEDIATOR?

BOTH PARTIES.

- ARBITRATION- ARBITRATION IS A VOLUNTARY DISPUTE RESOLUTION

PROCESS IN WHICH ONE OR MORE ARBITRATORS RESOLVE THE DISPUTE.

WHO APPOINTS THE ARBITRATOR?

BOTH PARTIES.
 - CONCILIATION- IS A PROCESS WHEREBY THE PARTIES REQUEST A THIRD
PERSON WHO WILL ACT AS CONCILIATOR TO ASSIST THEM TO COME TO AN
AGREEMENT ABOUT AN AMICABLE SETTLEMENT.
- IN CONCILIATION THE FOCUS IS INSTANT SOLUTION.
THE ISSUES ARISE FROM RELATIONSHIPS AND CONTRACTS.

CAN THE CONCILIATOR MANDATORY IMPOSE THE RESOLUTION?

- NO. HE DOES NOT HAVE THE AUTHORITY TO IMPOSE UPON THE PARTIES A
SOLUTION.

- EARLY NEUTRAL EVALUATION.

- IS THE LAWYER REQUIRED IN EARLY NEUTRAL EVALUATION?
YES.

- ADR PROCESS WHEREIN THE PARTIES AND THEIR LAWYERS ARE BROUGHT
TOGETHER.
-
- WHAT ARE THE TOPICS BEING TACKLED IN EARLY NEUTRAL EVALUATION?
1. SUMMARIES OF CASES.
2. RECEIVE A NON-BINDING ASSESSMENT.

- MINI TRIAL- STRUCTURED DISPUTE RESOLUTION METHOD IN WHICH THE

MERITS OF THE CASE ARE ARGUED.

IN THE PHILIPPINES, WHO IS THE NEUTRAL THIRD PERSON?

JUDGE

IN OTHER COUNTRIES, WHO IS THE NEUTRAL THIRD PERSON?

JURY OR PANEL

WHERE IS THE VENUE FOR ADR CASES?

APPROPRIATE OFFICE

GOOD OFFICES - ARE OFFICES THAT ESSENTIALLY PROVIDE LOGISTICAL

TO PARTIES WITH CONSULTATION.

KNOWN BENEFITS OF ADR (IN THE PHILIPPINES)

- ENSURE PARTY AUTONOMY.
- PARTIES CAN BE CREATIVE.
- FLEXIBILITY OF PROCEEDINGS.
- CONFIDENTIALITY OF PROCEEDING.
- REDUCED THE COST AND TIME.
- LESS STRESS

LAWS IN CONNECTION WITH ADR

RA 9285- IT IS AN ACT TO INSTITUTIONALIZE THE USE OF AN ALTERNATIVE DISPUTE

RESOLUTION SYSTEM IN THE PHILIPPINES

OFFICE ESTABLISHED UNDER RA 9285?

OFFICE OF THE ALTERNATIVE DISPUTE RESOLUTION.
PROVISIONS OF CONFIDENTIALITY- THE INFORMATION ABOUT ADR SPECIALLY
DURING THE ARBITRATION PROCESS MUST BE PRIVILEGED OR CONFIDENTIAL.

PRIVILEGED COMMUNICATION RULE - THE INFORMATION DUE TO THE RELATIONSHIP

CANNOT BE USED AS EVIDENCE.

WHO IS RESPONSIBLE FOR THE SECURITY AND PROTECTION OF INFORMATION IN

ADR?
THE MEDIATOR.

EXECUTIVE ORDER NO. 1008 - CREATING ARBITRARY MACHINERY IN THE

CONSTRUCTION INDUSTRY OF THE PHILIPPINES.

NOTE: LABOR DISPUTE. THE PRIMARY AGENCY TO INVESTIGATE LABOR DISPUTES IS

THE DOLE DEPARTMENT OF LABOR AND EMPLOYMENT.
EO 1008 WAS ENACTED ON FEBRUARY 2, 1985.

RA 876- AN ACT TO AUTHORIZE THE MAKING OF ARBITRATION AND SUBMISSION

AGREEMENTS TO PROVIDE FOR THE APPOINTMENT OF ARBITRATORS AND THE
PROCEDURE FOR ARBITRATION IN CIVIL CONTROVERSY.
THE RA 876 WAS ENACTED ON JUNE 19, 1953.

INTERNATIONAL MODEL LAWS FOR ALTERNATIVE DISPUTE RESOLUTION-

UNCITRAL MODEL LAW- THIS MODEL LAW IS DESIGNED TO ASSIST STATES, IN

REFORMING AND MODERNIZING THEIR LAWS ON ARBITRAL.

NOTE: UNCITRAL LAW IS THE INTERNATIONAL POLICY FOR ALTERNATIVE DISPUTE

RESOLUTION.

IT COVERS ALL STAGES OF THE ARBITRAL PROCESS FROM THE ARBITRAL

AGREEMENT TO THE COMPOSITION, AND JURISDICTION OF THE ARBITRAL TRIBUNAL
IT ALSO TACKLES THE EXTENT OF COURT INTERVENTION THROUGH THE
RECOGNITION AND ENFORCEMENT OF THE ARBITRAL AWARDS.

UNCITRAL LAW IT REFLECTS THE WORLDWIDE CONSENSUS ON KEY ASPECTS OF

INTERNATIONAL ARBITRATION PRACTICE.

WHERE CAN YOU FILE A DISPUTE BETWEEN GOVERNMENT TO GOVERNMENTS OF

DIFFERENT NATION?.
UN COURT OF JUSTICE.

ARE THERE EXCEPTIONS TO RA 9285?

INSTANCES, THAT ADR SHALL NOT BE APPLIED:
1. LABOR DISPUTE- IT SHALL BE GOVERNED BY THE PROVISIONS OF LABOR
CODE OF THE PHILIPPINES – PD NO. 442.
2. CIVIL STATUS OF PERSON.
3. THE VALIDITY OF MARRIAGE.
4. GROUND FOR LEGAL SEPARATION.
 5. JURISDICTION OF COURT- THE COURT WHERE THE CRIME WAS COMMITTED
HAS JURISDICTION OVER THE CASE.
6. CRIMINAL LIABILITY- ONLY THE JUDGE HAS THE POWER TO DETERMINE THE
CRIMINAL LIABILITY AFTER THE TRIAL. (JUDICIAL FUNCTION).
7. THOSE INSTANCES BY WHICH THE LAW CAN NOT BE COMPROMISED.

OFFICE FOR THE ALTERNATIVE DISPUTE RESOLUTION (OADR)

- THIS AGENCY WAS CREATED BY VIRTUE OFG RA 9285 (ADR LAW OF 2004)
- OADR- IT IS AN ATTACHED AGENCY OF THE DEPARTMENT OF JUSTICE.
- TASKED TO OVERSEE, THE STATE OF BOTH THE PUBLIC AND PRIVATE
SECTORS OF ADR.

ROLE OF OADR
A. TO PROMOTE, DEVELOP AND EXPAND THE USE OF ADR.
B. TO ASSIST THE GOVERNMENT TO MONITOR, STUDY AND EVALUATE THE USE
OF ADR.
C. TO RECOMMEND TO CONGRESS NEEDFUL STATUTORY.

POWERS AND FUNCTIONS OF OADR

A. TO ACT AS APPOINTING AUTHORITY OF MEDIATORS AND ARBITRATORS.
B. TO CONDUCT SEMINARS, SYMPOSIA, OR CONFERENCES
C. TO ESTABLISH AN ADR LIBRARY OR RESOURCE CENTER.
D. TO ESTABLISH TRAINING PROGRAMS.
E. TO CERTIFY THOSE WHO HAVE SUCCESSFULLY COMPLETED THE
PROFESSIONAL TRAINING.
F. TO CHARGE FOR SERVICES.
G. ACCEPT DONATIONS, GRANTS, AND OTHER ASSISTANCE.
H. TO EXERCISE SUCH OTHER POWERS PROVIDED BY ADR LAW.

KATARUNGAN PAMBARANGAY

KP- IS A SYSTEM OF DISPUTE RESOLUTION INSTITUTED IN ALL BARANGAYS IN THE

PHILIPPINES THAT SEEKS TO PROMOTE AMONG OTHERS THE SPEEDY
ADMINISTRATION OF JUSTICE, BY PROVIDING ALL AVENUES TO AN AMICABLE
SETTLEMENT.

AMICABLE SETTLEMENT- THIS IS OTHERWISE KNOWN AS AN INSTANT SOLUTION

WHERE THE BOTH PARTIES WILL AGREE ON THE PREMISE OF PAYING THE DAMAGES.

WHAT IS THE FIRST LAW THAT INSTITUTIONALIZED THE KATARUNGAN

PAMBARANGAY?
THE ANSWER IS PD 1508 –KP LAW OF 1978
WHEN WAS THIS LAW ENACTED? THE ANS IS DECEMBER 30, 1978.
WHO PROMULGATED THE KP LAW?
THE ANS IS FORMER PRESIDENT FERDINAND MARCOS.

THE REAL INTENT OF THE PASSAGE OF PD 1508-NAPAKA IMPORTANTE THE

PEACEFUL SETTLEMENT OF DISPUTES AMONG FAMILY OR BARANGAY MEMBERS
WITHOUT GOING TO COURT.
RA 7160- LOCAL GOVERNMENT ACT OF 1991. IN THE REPEALING OF THE LAW, THE KP
LAW WAS INCORPORATED AS PART OF THE CODIFIED LAW ON LOCAL GOVERNMENT
FROM SEC. 399- 422, CHAPTER VII OF RA 7160.

UNDER THE LOCAL GOVERNMENT CODE,

WHAT BODY IS TASKED BY LAW TO ADMINISTER THE KATARUNGAN PAMBARANGAY?
LUPON TAGAPAMAYAPA.

LUPONG TAGAPAMAYAPA- IT IS THE BODY ORGANIZED IN EVERY BARANGAY

COMPOSED OF A BARANGAY CHAIRMAN AND NOT LESS THAN 10 OR NOT MORE THAN
20 MEMBERS FROM WHICH THE MEMBERS OF PANGKAT WILL BE CHOSEN.

THE LUPON MAY BE ASSISTED BY THE PROVINCIAL LEGAL OFFICER, CITY LEGAL
OFFICE, MUNICIPAL LEGAL OFFICER, AND PUBLIC PROSECUTOR.

PANGKAT- THIS IS THE TEAM RESPONSIBLE TO CONDUCT MEDIATION AND

CONCILIATION.
WHAT ARE THE THREE COMPONENTS OF KATARUNGAN PAMBARANGAY?
1. LUPON TAGAPAMAYAPA- 10-20 MEMBERS
2. PANGKAT NG TAPAGKASUNDO- 3 MEMBERS
3. LEGAL ADVISERS (PUBLIC PROSECUTORS, CITY LEGAL OFFICER ETC.)

QUALIFICATIONS TO BECOME A LUPON MEMBER.

IS EDUCATION IMPORTANT IN THE QUALIFICATION FOR A MEMBER OF LUPON?
THE ANS IS NOT IMPORTANT THERE IS NO EDUCATIONAL QUALIFICATION FOR LUPON
MEMBERS
1. ANY PERSON WHO IS ACTUALLY RESIDING IN THE BARANGAY.
2. ANY PERSON WHO IS WORKING WITHIN THE BARANGAY
3. POSSESSING INTEGRITY, INDEPENDENCE MINDED, FAIRNESS, AND A
REPUTATION FOR PROBITY.

DISQUALIFICATIONS:
1. PERSON CONVICTED OF A CRIME WITH AN ACCESSORY PENALTY OF
DISQUALIFICATION FROM HOLDING PUBLIC OFFICE.
2. MINORS.
3. MEMBERS OF THE ARMED FORCES AND STILL IN ACTIVE SERVICE.
4. GOVERNMENT EMPLOYEES.
5. ELECTED GOVERNMENT OFFICIAL.

NOTE: RETIRED POLICE, MILITARY AND GOVERNMENT EMPLOYEES ARE

QUALIFIED TO BECOME LUPON MEMBERS.

WHAT IS THE PANGKAT NG TAGAPAGKASUNDO?

- PANGKAT NG TAGAPAGKASUNDO IS THE CONCILIATION PANEL THAT
HEARS EACH DISPUTE BROUGTH BEFORE LUPON.

WHAT IS THE COMPOSITION OF PANGKAT?

COMPOSED OF THREE MEMBERS
- CHAIRMAN- PRESIDES OVER THE MEETING OR HEARING BEFORE THE
PANGKAT
 - SECRETARY – PREPARES THE MINUTES OF THE PROCEEDING AND
ISSUANCE OF NOTICES TO THE PARTIES CONCERNED. ALSO TASKED TO
ISSUE CERTIFIED COPIES OF ANY PUBLIC RECORD IN HIS CUSTODY.
- MEMBERS
- DISPUTE PARTIES BETWEEN OR AMONG THE PARTIES WHO ARE ACTUALLY
RESIDING IN THE SAME CITY OR MUNICIPALITY MAY BE BROUGHT FOR
AMICABLE SETTLEMENT BEFORE THE LUPON.

ARE THERE CASES WHICH THE LUPON DOES NOT HAVE THE AUTHORITY TO HEAR?
YES.

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. OFFENSES PUNISHABLE BY IMPRISONMENT EXCEEDING ONE YEAR OR A FINE
EXCEEDING 5, 000. PHP.
4. OFFENSES WHERE THE IS NO PRIVATE OFFENDED PARTY- VICTIMLESS
CRIMES:
- GAMBLING
- PROSTITUTION
- DRUGS

5. WHERE DISPUTES INVOLVE REAL PROPERTIES AND THE LOCATION IS WITHIN

THE BARANGAY. UNLESS THE PARTIES DECIDE TO SETTLE THIS IN THE
BARANGAY.

WHAT ARE COMMON CASES WHICH CAN BE FILED IN LUPON?

CRIMINAL CASES
1. THEFT (OF SMALL THINGS)
2. ROBBERY (OF SMALL THINGS)
3. SLANDER (EITHER ORAL DEFAMATION OR SLANDER BY DEED
4. DAMAGE TO PROPERTY
5. SMALL SCALE ESTAFA
6. TRESSPASSING
7. COERCION
8. UNJUST VEXATION (IRRATIONAL ANNOYANCE)

CIVIL CASES:
1. EJECTMENT
2. FAMILY OR MARITAL PROBLEMS
3. COLLECTION OF DEBTS OR RENTAL
4. BREACH OF CONTRACT
5. DAMAGES (USUALLY FOR PROPERTIES)
6. DEMAND FOR SPECIFIC OF OBLIGATIONS FROM THE CONTRACTS.

THE KP PROCESS:
HOW IS THE ENTIRE PROCESS OF KATARUNGANG PAMBARANGAY DONE?
IT WILL STAR WITH:
1. FILING OF COMPLAINT
2. MEDIATION BEFORE THE LUPON CHAIRMAN OR PANGKAT.
 3. CONCILIATION THROUGH PANGKAT.
4. EXECUTION.

WHAT ARE THE TWO PROCESSES IN KATARUNGAN PAMBARANGAY?

ANS. IS MEDIATION AND CONCILIATION.

IN THE PROCESS OF MEDIATION, A HEARING IS DONE INFORMALLY.

IF THE MEDIATION EFFORT FAILED, THE LUPON CHAIRMAN WILL TURN OVER THE
CASE TO PANGKAT WITHIN 15 DAYS.

IF THE DISPUTE IS NOT SETTLED BEFORE THE LUPON CHAIRMAN WHAT WILL BE THE
NEXT STEP-
THE ANSWER IS CONCILIATION.

THE CONCILIATION WILL BE CONDUCTED WITHIN 15 DAYS WHICH CAN BE EXTENDED

FOR ANOTHER 15 DAYS.
- MERITORIOUS CASE
- DETERMINATION OF WITNESS

WHAT ARE THE GROUNDS TO DISQUALIFY A PANGKAT MEMBER?

- RELATIONSHIP
- BIAS
- INTEREST;
- ANY OTHER SIMILAR GROUNDS.

DOES THE LUPON OR PANGKAT HAVE THE POWER OF CONTEMPT?

THE ANS IS NO.

THE LUPON AND THE PANGKAT HOWEVER MAY FILE AN APPLICATION TO CITE ANY
PARTY WHO WILLFULLY AND DELIBERATELY FAILS OR REFUSES TO FOLLOW TO
OBEY THE RULES. THEY COULD BE CITED WITH INDIRECT CONTEMPT.

INDIRECT CONTEMPT - ONE MONTH OF IMPRISONMENT AND FINE NOT EXCEEDING TO

5,000.00PHP.

EFFECT OF FAILURE TO ATTEND MEDIATION OR ADR?

ON THE PART OF THE COMPLAINANT

- THE COMPLAINT WILL BE DISMISSED.

ON THE PART OF THE PERSON SUBJECT FOR COMPLAINT

- THE CASE WILL BE ELAVATED TO THE COURT.

THE AMICABLE SETTLEMENT MUST BE:

- IN WRITING
- IN LANGUAGE OR DIALECT KNOWN TO THE PARTIES
- SIGNED BY THEM.

IS LAWYER NEEDED IN SIGNING AMICABLE SETTLEMENT?

NO.

WHO ISSUE THE CERTIFICATE TO FILE ACTION?

THE SECRETARY OF PANGKAT

WHEN IS CTFA ISSUED?

- NO SETTLEMENT
- THERE IS A SETTLEMENT BUT LATER REPUDIATED
- IF THE RESPONDENT FAILED TO APPEAR 3 TIMES.