ADNAN MAROHOM ANSO MUSTAPHA, RCrim

REINFORCEMENT LECTURE ON

DISPUTE RESOLUTION

BY: JM DIONISIO, RSIM

New Subject under CMO 5 S.2018

There are cases that can be resolved outside the court

Teach alternative ways of settling disputes

By means of ADR, we can speed up justice system

Mediator = “tagapamagitan” è gitna / pagitan

Dispute / conflict = disagreement between people

= quarrel between individuals

= to question

= difference between ideas

Catholic = 3 personas of God

ADD = God the father and The Son

INC = Jesus Christ is a human being

Islam = Isa / Jesus – Prophet

Governance

England = Monarchial Government à their leader is the Royal Family

Parliamentary / Federal = Parties (a & b)

Republican / Democratic = voting of majority

Resolution – to solve or to end a conflict

Dispute Resolution – variety or several ways of settling disputes with or without going
to court

Examples:

a. Litigation = “litem” – proceeding – bringing the case in court

b. negotiation = points of agreement

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c. mediation = voluntary means of settling disputes where in parties are

being assisted by a dispute resolution practitioner also known as mediator

d. arbitration = the parties (complainant and the respondent) are allowed

to present evidence in front of an arbitrator (1) or an arbitral tribunal (2 or more
arbitrator) that will give the decision or the award in favor of a party

Karl Marx – Father of conflict theory

- father of radical criminology

Conflict Theory / Theory of Capitalism / Capitalist Theory

2 Types of Person in a Capitalist Society

a. Bourgeois – owner /boss / CEO / President

- M- Millions

a. Proletariats – laborer / worker

- M – Minimum

- SSS – Philhealth – Pag ibig – Loan – Rent – Food – Transpo – Load

– Insurance

- VAT = -12%

Sub – theories of Conflict theory

1. Critical theory – conflict is due to economic oppression

2. Feminism Theory – conflict is due to female oppression (solution: male and

female equality)

Freda Adler = if females will be given liberty and equality more crime done by females
will be committed.

3. Racial Conflict Theory – conflict is due to racial discrimination

4. Post Colonialism theory – conflict is due to imperialism and colonial mentality

5. Post Modern Theory – advancement of technology causes conflict

3 Forms of Justice System

a. Retributive Justice – “Retribution” / Punitive

- Crime is destructive

- Justice is earned thru infliction of penalty

ADNAN MAROHOM ANSO MUSTAPHA, RCrim

b. Restorative Justice

-Crimes is destruction

- Restore – bring back what has been damaged or lost

- Justice thru reparation, restitution and indemnification

a. Transformative Justice – justice outside the justice system

2 Conflict Resolution Method

a. Cognitive Resolution – both parties must understand the nature of the problem
and what should be settled.

b. Behavioral Resolution – find the most suited solution to the problem

According to Kenneth Thomas and Ralph Killman

5 Conflict Resolution Strategies

1. Avoiding = ignore the problem, if the benefits of winning is not commensurate

with the cost of effort

2. Collaborating = making ang shared solution; 50-50 rule

3. Competing = assertion of win; aiming to win the dispute

4. Compromise = giving up a little advantage in favor of the opponent (60-40 rule)

5. Accommodating = giving the desire of the opponent (100 – 0 Rule)

Alternative Dispute Resolution

ADRA of 2004
&
ADNAN MAROHOM ANSO MUSTAPHA, RCrim

Barangay Justice System

PD # 1508 – Katarungang Pambarangay Law

Amended by RA 7160 – Local Government Code
Goal:
1. Empower the Barangay to Settle disputes within the community level
2. Lessen court dockets
3. Hasten administration of justice
4. Maintain harmony within the barangay

Do all types of cases can be heard in Barangay?

No.
Cases Covered by Barangay Justice system
1. Cases with a penalty of imprisonment of not more than 1 year (crime is
penalized by 1 year or less)
a. Simple theft
b. Physical injuries
c. Unjust vexation
d. Acts of lasciviousness
e. Oral defamation
f. Except libel à under the jurisdiction of RTC
2. Cases with penalty of fine of not more than 5,000 pesos

Can cases of RA 9165 be heard by BJS?

Ex. Sec 5, RA 9165 = Sale of illegal Drugs
- Life Imprisonment to Death
- 500,000 to 10 Million pesos
Note: petty crimes are cases that can be heard in barangay.

Cases NOT covered by Barangay:

1. Cases with penalty of more than 1 year
2. Cases with penalty of more than 5,000 fine
3. Cases with either party is the government
4. Cases against a public official related to their function
5. Cases of victimless crimes (drugs, prostitution, gambling, traffic violation)
6. Cases wherein both parties (complainant & respondent) are residing in different
cities or municipalities
(ex. Complainant – Caloocan & Respondent – Valenzuela)
Complainant = Brgy A, Valenzuela City
Respondent = Brgy B, Valenzuela City
Q – in what barangay the case be heard in case that both parties are living in
different barangay but the same city?
a. Brgy of the complainant
b. Brgy of the Respondent
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c. Either Barangay
d. Baragay of choice of the victim
Q – what government agency accept complaints against public official for cases
related to their official function?
A – Ombudsman (special prosecutor that conducts preliminary investigation for
cases against public officials related to their function)
If the complaint has probable cause, the ombudsman will issue an
INFORMATION and this will be filed in COURT (Sandigan Bayan)
Q - A Mayor raped his female secretary, will the case be filed in ombudsman?
Yes/no and why?
A- No, for the crime is not related to his official function
SB – accepts cases against public officials with a salary grade of 27 and above
Below SG 27 – RTC
Q - What if there is a conspiracy between a public official with a salary grade of
27 and a private individual?
a. Both under SB
b. Both under RTC
c. Separate Courts

What if the case is about a land or a parcel of land, and the land in issue is
between two barangays?
- The barangay that has jurisdiction over the larger part of the land in dispute

Lupong Tagapamayapa (peace panel) – “mediation”

- body of men assembled to settle disputes within barangay level
Chairman = Brgy Captain à Punong Barangay
Lupon Secretary à Brgy Secretary
Lupon Members à 10 to 20 Members
Who selects the members of the Lupon?
A – Punong Barangay from the respected members of the community
Note: purely voluntary
Pangkat ng Tagapagkasundo (Conciliation Panel) – “Arbitration”
Members = 3 Members from the lupon

Complaint à Punong Barangay à establish the Lupong Tagapamayapa à issue

a summon (invitation) to both parties
Lupong Tagapamayapa è within 15 days to produce an amicable settlement
2 things may arise
a. settlement = after 10 days è case closed
b. failed mediation = re-mediation (15 days) or issue a CFA (Certificate to
File Action)
Remediation for 15 days
a. Settlement = after 10 days è case close
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b. Failed mediation
1. Issue CFA à file in court
2. ask for the help of the Pangkat ng Tagapagkasundo
a. Conduct Arbitration (15 days)
- settlement = case close
- repudiation of settlement = FAILED à CFA
When to issue a CFA?
1. The respondent did not appear
2. The complainant did not appear
3. There is a failed mediation
4. A settlement was made but the same was repudiated
Where to use the CFA?
- Prosecutor to file the complaint
- MTC for direct filing

RA 9285 – Alternative Dispute Resolution Act of 2004 (ADRA)

- settlement of cases or disputes without going to court
- encouraging autonomy of both parties to select their best suited
solution to the problem
Alternative Dispute Resolution Practitioners
(private Individuals)
Mediators – help both parties to settle their cases voluntarily
Arbitrator – selected by the parties to view and asses evidence and give award in
favor of a party
Q – what do we call for the 2 or more arbitrators?
A – Arbitral Tribunal
ADRO – Alternative Dispute Resolution Office
- under DOJ
- promotes the use of ADR
- acts as an accrediting organization for mediators and arbitrators
Qualities / Qualifications to become a ADR Practitioner
1. Competence – knowledge of the issue / matter
2. Confidentiality – respect for secrecy and sensitivity of the case
3. Impartiality – fairness and equality, impartial eye.

Types of Mediation
a. Expert Mediation – requires a professional expertise on the matter
b. Community Mediation – mediation between community members
c. Institutional Mediation – within an organization or a company
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d. Mediation – arbitration – a mediation for a case that also used arbitration (ex.
Barangay)
e. Court Referred Mediation – for premature cases files in court (ex. case 6 months
à court = STOP)
f. Court Annexed Mediation – for cases that can only be heard by court (ex. RA
9262, CICL, public officials etc)

Types of Arbitration
1. Domestic Arbitration – parties within the country
2. International Arbitration – parties or companies are outside the country
3. Institutional Arbitration – within an organization or company
4. Multi party Mediation/Arbitration – 3 or more parties involved (ex. SG vs
Agency vs Client)
(ex. Liza vs Manager vs Network)
(Mayweather vs Promoter vs WBO/WBC)
1. Commercial Arbitration – between 2 or more business
Non – Arbitrable Disputes
1. Jurisdiction of Court (file motion to quash)
2. Criminal Liability
3. Legitimacy
4. Annulment – declaration of illegal marriage
5. Legal Separation – court allowed that parties will live separately
6. Sensitive cases / Heinous crimes
Q – do parties need a lawyer in cases of mediation or arbitration?
A – not required, but it is optional
note: advise parties that arbitration and mediation is a better option
note: advise both parties the benefits of arbitration

Note: all decisions, awards and settlements must be forwarded to the court