IP- groups who has continually lived as an organized body on communally bonded and

defined territory, sharing shared common bonds of language, customs, traditions and
other disdinctive cultural traits.

RA 8371 or IPRA of 1997- an act to recognize, protect and promote the rights of
ICCs/Ips, creating a national commission of IP, establishing and implementing
mechanisms, appropriating funds thereof, and for other purposes.

SECTION 62. Resolution of Conflicts. — In cases of conflicting interest, where

there are adverse claims within the ancestral domains as delineated in the survey plan,
and which can not be resolved, the NCIP shall hear and decide, after notice to the
proper parties, the disputes arising from the delineation of such ancestral domains:
Provided, That if the dispute is between and/or among ICCs/IPs regarding the traditional
boundaries of their respective ancestral domains, customary process shall be followed.
The NCIP shall promulgate the necessary rules and regulations to carry out its
adjudicatory functions: Provided, further, That any decision, order, award or ruling of the
NCIP on any ancestral domain dispute or on any matter pertaining to the application,
implementation, enforcement and interpretation of this Act may be brought for Petition
for Review to the Court of Appeals within fifteen (15) days from receipt of a copy
thereof.

SECTION 63. Applicable Laws. — Customary laws, traditions and practices of the
ICCs/IPs of the land where the conflict arises shall be applied first with respect to
property rights, claims and ownerships, hereditary succession and settlement of land
disputes. Any doubt or ambiguity in the application and interpretation of laws shall be
resolved in favor of the ICCs/IPs.

SECTION 64. Remedial Measures. — Expropriation may be resorted to in the

resolution of conflicts of interest following the principle of the “common good”. The NCIP
shall take appropriate legal action for the cancellation of officially documented titles
which were acquired illegally: Provided, That such procedure shall ensure that the rights
of possessors in good faith shall be respected: Provided, further, That the action for
cancellation shall be initiated within two (2) years from the effectivity of this Act:
Provided, finally, That the action for reconveyance shall be within a period of ten (10)
years in accordance with existing laws.

SECTION 65. Primacy of Customary Laws and Practices. — When disputes

involve ICCs/IPs, customary laws and practices shall be used to resolve the dispute.

SECTION 66. Jurisdiction of the NCIP. — The NCIP, through its regional offices,
shall have jurisdiction over all claims and disputes involving rights of ICCs/IPs:
Provided, however, That no such dispute shall be brought to the NCIP unless the
parties have exhausted all remedies provided under their customary laws. For this
purpose, a certification shall be issued by the Council of Elders/Leaders who
participated in the attempt to settle the dispute that the same has not been resolved,
which certification shall be a condition precedent to the filing of a petition with the NCIP.

SECTION 67. Appeals to the Court of Appeals. — Decisions of the NCIP shall be
appealable to the Court of Appeals by way of a petition for review.

SECTION 68. Execution of Decisions, Awards, Orders. — Upon expiration of the

period herein provided and no appeal is perfected by any of the contending parties, the
Hearing Officer of the NCIP, on its own initiative or upon motion by the prevailing party,
shall issue a writ of execution requiring the sheriff or the proper officer to execute final
decisions, orders or awards of the Regional Hearing Officer of the NCIP.

SECTION 69. Quasi-Judicial Powers of the NCIP. — The NCIP shall have the
power and authority:
a) To promulgate rules and regulations governing the hearing and disposition of
cases filed before it as well as those pertaining to its internal functions and such rules
and regulations as may be necessary to carry out the purposes of this Act;
b) To administer oaths, summon the parties to a controversy, issue subpoenas
requiring the attendance and testimony of witnesses or the production of such books,
papers, contracts, records, agreements and other document of similar nature as may be
material to a just determination of the matter under investigation or hearing conducted in
pursuance of this Act;
c) To hold any person in contempt, directly or indirectly, and impose appropriate
penalties therefor; and
d) To enjoin any or all acts involving or arising from any case pending before it
which, if not restrained forthwith, may cause grave or irreparable damage to any of the
parties to the case or seriously affect social or economic activity.

SECTION 70. No Restraining Order or Preliminary Injunction. — No inferior court

of the Philippines shall have jurisdiction to issue any restraining order or writ of
preliminary injunction against the NCIP or any of its duly authorized or designated
offices in any case, dispute or controversy arising from, necessary to, or interpretation
of this Act and other pertinent laws relating to ICCs/IPs and ancestral domains.

AO No. 1 of 1998, IRR of IPRA

Rule 1

SEC. 4(b) Consensus and Peace-Building. In resolving conflicts or disputes affecting or

pertaining to indigenous peoples, any determination or decision thereon shall be
reached through dialogue and consensus as far as practicable;

SEC. 4(c) Cultural Integrity. Within ancestral domains/lands, the holistic and integrated
adherence of indigenous peoples to their respective customs, beliefs, traditions,
indigenous knowledge systems and practices, and the assertion of their character and
identity as peoples shall remain inviolable;
Part 2.
SEC.1. Rights of Ownership. ICCs/IPs have rights of ownership over lands, waters, and
natural resources and all improvements made by them at any time within the ancestral
domains/lands. These rights shall include, but not limited to, the right over the fruits, the
right to possess, the right to use, right to consume, right to exclude and right to recover
ownership, and the rights or interests over land and natural resources. The right to
recover shall be particularly applied to lands lost through fraud or any form of vitiated
consent or transferred for an unconscionable price.

SEC. 8. Right to Resolve Conflicts According to Customary Laws. All conflicts pertaining
to property rights, claims and ownership, hereditary succession and settlement of land
disputes within ancestral domains/ lands shall be resolved in accordance with the
customary laws, traditions and practices of the ICCs/IPs in the area where the conflict
arises. If the conflict between or among ICCs/IPs is not resolved, through such
customary laws, traditions and practices, the Council of Elders/Leaders who participated
in the attempt to settle the dispute shall certify that the same has not been resolved.
Such certification shall be a condition precedent for the filing of the complaint with the
NCIP, through its Regional Offices for adjudication. Decisions of the NCIP may be
brought on Appeal to the Court of Appeals by way of a Petition for Review.

RULE IX. JURISDICTION AND PROCEDURES FOR ENFORCEMENT OF RIGHTS

Section 1. Primacy of Customary Law. All conflicts related to ancestral domains and
lands, involving ICCs/IPs, such as but not limited to conflicting claims and boundary
disputes, shall be resolved by the concerned parties through the application of
customary laws in the area where the disputed ancestral domain or land is located. All
conflicts related to the ancestral domains or lands where one of the parties is a
nonICC/IP or where the dispute could not be resolved through customary law shall be
heard and adjudicated in accordance with the Rules on Pleadings, Practice and
Procedures Before the NCIP to be adopted hereafter. All decisions of the NCIP may be
brought on Appeal by Petition for Review to the Court of Appeals within fifteen (15) days
from receipt of the Order or Decision.

Section 2. Rules of Interpretation. In the interpretation of the provisions of the Act and
these rules, the following shall apply: a) All doubts in the interpretation of the provisions
of the Act, including its these rules, or any ambiguity in their application shall be
resolved in favor of the ICCs/IPs. b) In applying the provisions of the Act in relation to
other national laws, the integrity of the ancestral domains, culture, values, practices,
institutions, customary laws and traditions of the ICCs/IPs shall be considered and given
due regard. c) The primacy of customary laws shall be upheld in resolving disputes
involving ICCs/IPs. d) Customary laws, traditions and practices of the ICCs/IPs of the
land where the conflict arises shall first be applied with respect to property rights, claims
and ownership, hereditary succession and settlement of land disputes. e) Communal
rights under the Act shall not be construed as co-ownership as defined in Republic Act
No. 386, otherwise known as the New Civil Code of the Philippines; f) In the resolution
of controversies arising under the Act, where no legal provisions or jurisprudence apply,
the customs and traditions of the concerned ICCs/IPs shall be resorted to; and g) The
interpretation and construction of any of the provisions of the Act shall not in any
manner adversely affect the rights and benefits of the ICCs/IPs under other
conventions, international treaties and instruments, national laws, awards, customary
laws and agreements. Section 3. Appeals to the Court of Appeals. Decisions of the
NCIP is appealable to the Court of Appeals by way of a petition for review within fifteen
(15) days from receipt of a copy thereof.

RA 9285- ADR System in the Philippines

Chapter 1
SEC. 1. To actively promote party autonomy in the resolution of disoutes or the freedom
of the party to make their own arrangements to resolve their disputes.
But is subject to limitations acdg to the IRR of the respective law
SEC. 2. the State shall encourage and actively promote the use of Alternative Dispute
Resolution (ADR) as an important means to achieve speedy and impartial justice and
declog court dockets. This Act shall be without prejudice to the adoption by the
Supreme Court of any ADR system, such as mediation, conciliation, arbitration, or any
combination thereof as a means of achieving speedy and efficient means of resolving
cases pending before all courts in the Philippines which shall be governed by such rules
as the Supreme Court may approve from time to time.
SEC. 3. Definition of Terms. - For purposes of this Act, the term: (a) "Alternative Dispute
Resolution System" means any process or procedure used to resolve a dispute or
controversy, other than by adjudication of a presiding judge of a court or an officer of a
government agency, as defined in this Act, in which a neutral third party participates to
assist in the resolution of issues, which includes arbitration, mediation, conciliation,
early neutral evaluation, mini-trial, or any combination thereof;
(l) "Court-Annexed Mediation" means any mediation process conducted under the
auspices of the court, after such court has acquired jurisdiction of the dispute;
(m) "Court-Referred Mediation" means mediation ordered by a court to be conducted in
accordance with the Agreement of the Parties when as action is prematurely
commenced in violation of such agreement;
SEC. 6. Exception to the Application of this Act. - The provisions of this Act shall not
apply to resolution or settlement of the following: (a) labor disputes covered by
Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines, as
amended and its Implementing Rules and Regulations; (b) the civil status of persons;
(c) the validity of a marriage; (d) any ground for legal separation; (e) the jurisdiction of
courts; (f) future legitime; (g) criminal liability; and (h) those which by law cannot be
compromised.
SEC. 9. Confidentiality of Information. - Information obtained through mediation
proceedings shall be subject to the following principles and guidelines: (a) Information
obtained through mediation shall be privileged and confidential. (b) A party, a mediator,
or a nonparty participant may refuse to disclose and may prevent any other person from
disclosing a mediation communication. (c) Confidential Information shall not be subject
to discovery and shall be inadmissible if any adversarial proceeding, whether judicial or
quasi-judicial, However, evidence or information that is otherwise admissible or subject
to discovery does not become inadmissible or protected from discovery solely by reason
of its use in a mediation. (d) In such an adversarial proceeding, the following persons
involved or previously involved in a mediation may not be compelled to disclose
confidential information obtained during mediation: (1) the parties to the dispute; (2) the
mediator or 4 mediators; (3) the counsel for the parties; (4) the nonparty participants; (5)
any persons hired or engaged in connection with the mediation as secretary,
stenographer, clerk or assistant; and (6) any other person who obtains or possesses
confidential information by reason of his/her profession.
(f) a mediator may not be called to testify to provide information gathered in mediation.
A mediator who is wrongfully subpoenaed shall be reimbursed the full cost of his
attorney's fees and related expenses.
SEC. 10. Waiver of Confidentiality. - A privilege arising from the confidentiality of
information may be waived in a record, or orally during a proceeding by the mediator
and the mediation parties.
SEC. 11. Exceptions to Privilege. - (a) There is no privilege against disclosure under
Section 9 if mediation communication is: (1) in an agreement evidenced by a record
authenticated by all parties to the agreement; (2) available to the public or that is made
during a session of a mediation which is open, or is required by law to be open, to the
public; (6) sought or offered to prove or disprove a claim or complaint of professional
misconduct or malpractice filed against mediator in a proceeding; or

SEC. 13. This Act does not require that a mediator shall have special qualifications by
background or profession unless the special qualifications of a mediator are required in
the mediation agreement or by the mediation parties.

SEC. 14. Participation in Mediation. - Except as otherwise provided in this Act, a party
may designate a lawyer or any other person to provide assistance in the mediation. A
lawyer of this right shall be made in writing by the party waiving it. A waiver of
participation or legal representation may be rescinded at any time.

SEC. 17. Enforcement of Mediated Settlement Agreement. - The mediation shall be

guided by the following operative principles: (a) A settlement agreement following
successful mediation shall be prepared by the parties with the assistance of their
respective counsel, if any, and by the mediator.
(d) The parties may agree in the settlement agreement that the mediator shall become a
sole arbitrator for the dispute and shall treat the settlement agreement as an arbitral
award which shall be subject to enforcement under Republic Act No. 876, otherwise
known as the Arbitration Law, notwithstanding the provisions of Executive Order No.
1008 for mediated dispute outside of the CIAC.

CHAPTER 3
SEC. 18. Referral of Dispute to other ADR Forms. - The parties may agree to refer one
or more or all issues arising in a dispute or during its pendency to other forms of ADR
such as but not limited to (a) the evaluation of a third person or (b) a mini-trial, (c)
mediation-arbitration, or a combination thereof.
Special Rules of Court on Alternative Dispute Resolution
Rule 1.13 of the Special ADR Rules to say that "[i]n situations where no specific rule is
provided under the Special ADR Rules, the court shall resolve such matter summarily
and be guided by the spirit and intent of the Special ADR Rules and the ADR
Laws."19As a contractual and consensual body, the arbitral tribunal does not have any
inherent powers over the parties. It has no power to issue coercive writs or compulsory
processes. Thus, there is a need to resort to the regular courts for interim measures of
protection and for the recognition or enforcement of the arbitral award.
The arbitral tribunal acquires jurisdiction over the parties and the subject matter through
stipulation. Upon the rendition of the final award, the tribunal becomes functus
officio and — save for a few exceptions — ceases to have any further jurisdiction over
the dispute. The tribunal's powers (or in the case of ad hoc tribunals, their very
existence) stem from the obligatory force of the arbitration agreement and its ancillary
stipulations. Simply put, an arbitral tribunal is a creature of contract.

JURISPRUDENCE
Resort to arbitration is voluntary. It requires consent from both parties in the form of an
arbitration clause that pre-existed the dispute or a subsequent submission agreement.
This written arbitration agreement is an independent and legally enforceable contract
that must be complied with in good faith. By entering into an arbitration agreement, the
parties agree to submit their dispute to an arbitrator (or tribunal) of their own choosing
and be bound by the latter's resolution.
However, this contractual and consensual character means that the parties cannot
implead a third-party in the proceedings even if the latter's participation is necessary for
a complete settlement of the dispute. The tribunal does not have the power to compel a
person to participate in the arbitration proceedings without that person's consent. It also
has no authority to decide on issues that the parties did not submit (or agree to submit)
for its resolution.

DEFINITIONS
SEC. 3(D), RA 9285- Arbitration means a voluntary dispute resolution process in which
one or more arbitrators, appointed in accordance with the agreement of the parties, or
rules promulgated pursuant to this Act, resolve a dispute by rendering an award.
SEC 3(Q), RA 9285- Mediation as a voluntary process in which a mediator, selected by
the disputing parties, facilitates communication and negotiation, and assist the parties in
reaching a voluntary agreement regarding a dispute.
SEC. 3(A) of the Revised Guidelines of CDA- Conciliation is a process whereby a
neutral third party takes a vigorous and active role in assisting disputants formulate
solutions in order to reach an amicable settlement.

CAM v JDR
In CAM, it is not necessary for a judge to conduct the process unlike in the JDR which
mandates a judge to mediate.
In Civil Law, all cases undergo CAM. All factual issues will undergo CAM.
All legal questions cannot be mediated.
Not all cases need to undergo JDR. It is discretionary to the trial judge.
PROCESS
Permissive Referral- after CAM or JDR, any party may, during trial, ask the court to
settle on remaining issues facts, if failed, trial will continue.

CAM JDR
Is it mandatory Mandatory in Civil Law, Rule Not Mandatory, Rule 18 Sec. 10,
18 Sec. 9, Rules of Court Rules of Court
Without extension
Cases Covered a. All ordinary civil cases,
including mediatable
permissive or
compulsory
counterclaim or cross-
claim as pleaded in the
answer, complaint-in-
intervention, and third
(fourth, etc.)-party
complaint, except thos
e which cannot be the
subject of a
compromise under
Article 2035 of the New
Civil Code;
b. All special civil
actions, except under
Rules 63, 64, 65, 66,
and 71 of the Rules of
Court;
c. Special proceedings
cases for settlement of
estate where the
dispute involves claims
against the estate, or
the distribution or
partition of estate in
intestate proceedings;
d. All those cases
involving issues under
the Family Code and
other laws, in relation
to support, custody,
visitation, property
relations, guardianship
of minor children, and
other issues which can
a. The cases enumerated in
Section 1, except
environmental cases, may
be referred to JDR upon
failure of settlement or
refusal to mediate in CAM
only if the judge of the
court to which the case
was originally filed is
convinced that settlement
is still possible;
b. The following cases,
brought on appeal from
the exclusive and original
jurisdiction granted to the
first-level courts under the
Judiciary Reorganization
Act of 1980, may be
referred to JDR in areas
declared as JDR sites, if
the RTC Judge is
convinced that settlement
is still possible;
1. all civil cases and
settlement of
estate, testate and
intestate;
2. all cases of forcible
entry and unlawful
detainer;
3. all civil cases
involving title to, or
possession of, real
property or an
interest therein;
and
4. habeas
 be the subject of a corpus cases
compromise decided by the first
agreement; level court in the
e. Intellectual property absence of the any
cases; Regional Trial
f. Commercial or intra- Court Judge.
corporate
controversies; (Guidelines, Chapter 1, Sec. 2)
g. Environmental cases,
subject to the
provisions in Section 3,
Rule 3 of the Rules of
Procedure for
Environmental Cases
(A.M. No. 09-6-8- SC);
and
h. Civil cases covered by
the Rule on Summary
Procedure.

Duration 30 days after pre-trial 15 days after failure of CAM

Court jurisdiction Court of origin where the case If CAM failed, case will be raffled
was tried in the first place to another judge different from
the judge of the court of origin of
the case. As a general rule, JDR
shall not preside over the trial of
the same case when mediation
did not succeed.
Who will decide The parties decide and come
up with a compromised
agreement; the judge will
adopt the judgement on the
merits that is final and
executory
Confidentiality Mediation process is designed to be confidential. The JDR judge
shall not pass on any information obtained in the course of
mediation to the trial judge or to any other person. All JDR
conferences shall be conducted in private. The JDR judge may
however confer in confidence with the mediator who previously
mediated the case, merely for the purpose of determining
unresolved issues.
Resolution When a settlement is reached, the parties immediately comply
with the agreement. The compromised agreement must be made,
agreed and signed by both parties.

If dispute involves money claims and defendant opts to pay the

 sum in full at once, the parties through their counsel may choose
to submit a manifestation on the satisfaction of claims and mutual
withdrawal of the complaint and counterclaim. The judge could
then dismiss the case on this fact.

Where the parties agree to settle and comply in the future and
compliance if the settlement is for compliance at some future
date, then a compromise agreement is secured.

In criminal cases covered by mediation, where settlement on

the civil aspect has been reached but the period of payment in
accordance with the terms of settlement exceeds 1 year, the case
may be archived upon motion of the prosecution with
concurrence of the private complainant and approval of the judge.

If there is no settlement reached after the JDR, the judge issues

an order returning the case to the Office of the Clerk of Court for
raffling and the clerk raffles the case to another judge who will
conduct the pre-trial proper and trail until the case is decided.

Is appeal No. Because the compromised agreement has been agreed upon
allowed? by the parties
In addition to the civil cases cited above, the Guidelines also allows either or both of the
parties “in actions or proceedings where compromise is not prohibited by law,” to
request the court, “by oral manifestation or written motion after the pre-trial/preliminary
conference, or at any stage of the proceedings,” to refer their dispute to CAM and JDR if
there are still factual issues to be resolved (Guidelines, Chapter 1, Sec. 3).

A.M. No. 19-10-SC or the Guidelines for the Conduct of Court-Annexed Mediation
(“CAM”) and Judicial Dispute Resolution (“JDR”) in Civil Cases
The purpose of CAM and JDR is to encourage the parties to amicably settle their
disputes or reach a compromise agreement to avoid protracted and costly litigation. The
parties, however, are not compelled to settle their dispute during the mediation or
conciliation as such decision is purely voluntary on their part, but they are “expected to
negotiate in good faith and exert earnest efforts towards settlement”
(Guidelines, Chapter 1, Sec. 2).

How Court-Annexed Mediation is conducted

After the pre-trial/preliminary conference, the court shall issue the Pre-Trial/Preliminary
Conference Order referring the parties to the mandatory CAM and shall direct the
parties to proceed and personally appear at the Philippine Mediation Center Unit
(“PMCU”) for mediation proceedings (Guidelines, Chapter 2 (A), Sec. 1).
During the initial appearance of the counsels and parties on the date set by the PMCU,
and after presenting proof that mediation fees were paid, the parties shall select a
mutually acceptable mediator among the roster of mediators at the PMCU (Guidelines,
Chapter 2(B), Secs. 2-4). If they are unable to jointly select a common mediator, the
PMCU shall choose the mediator among its available mediators (Guidelines, Chapter
2(B), Secs. 2-4).

The mediation must be completed within thirty (30) calendar days from the date of the
order referring the case to CAM without further extension (Guidelines, Chapter 2(B),
Sec. 8). In the event of successful settlement, the PMCU shall submit to the referring
judge a Mediator’s Report together with a copy of the compromise agreement. The
referring judge shall evaluate the compromise agreement and either approve or
disapprove the same, or ask for clarification of any vague, defective, or unenforceable
portion of the agreement that must be amended by the parties (Guidelines, Chapter
2(B), Secs. 10).

If no settlement was reached, the PMCU shall submit a Mediator’s Report and the
“referring judge shall determine, in the hearing set for such purpose, if settlement is still
possible” and if determined to be so, shall refer the case to the JDR Judge for JDR
proceeding (Guidelines, Chapter 2(C), Sec. 1).

How Judicial Dispute Resolution is conducted

It is the JDR Judge, who has undergone skill-based training in JDR, who is authorized
to conduct the JDR proceeding (Guidelines, Chapter 2(C), Secs. 3-4.). The JDR
proceeding “shall be terminated within a non-extendible period of fifteen (15) calendar
days from receipt of the [referral order]” (Guidelines, Chapter 2(C), Sec. 3).

The parties and their counsels shall likewise appear on the scheduled date for the JDR,
and during the proceeding, the JDR judge shall act as “mediator, conciliator, and/or
neutral evaluator to actively assist and facilitate negotiations among the parties”
(Guidelines, Chapter 2(C), Sec. 5).

If full settlement is reached by the parties, they “shall draft a compromise agreement,
which shall be submitted to the JDR Judge for judgment upon compromise, enforceable
upon execution” (Guidelines, Chapter 2(C), Sec. 7). If only partial settlement is reached,
the parties shall “submit the terms [of the partial settlement] for the approval of the JDR
Judge and rendition of judgment upon partial compromise”, but the unsettled part of the
dispute shall proceed to trial (Guidelines, Chapter 2(C), Sec. 7). However, if no
settlement was reached in the JDR, the JDR judge shall return the case to the judge for
appropriate action.

Imposable Sanctions in case of Non-Appearance in CAM and JDR

For both CAM and JDR, the parties and their respective counsels shall personally
appear before the mediator or JDR Judge, otherwise sanctions may be imposed upon
any party who fails to appear before the mediator or JDR Judge.

Under the Guidelines, the trial court shall impose the following sanctions:

 dismissal of the case, when there is failure of the plaintiff and counsel to appear

without valid cause when so required; or

 ex parte presentation of plaintiff’s evidence and dismissal of defendant’s

counterclaim when there is failure of the defendant and counsel to appear

without valid cause when so required.

RA 7169 or The Katarungang Pambarangay

gives barangays the mandate to enforce peace and order and provide support for the
effective enforcement of human rights and justice. Decentralization has facilitated the
recognition of the Katarungang Pambarangay or Barangay Justice System as an
alternative venue for the resolution of disputes.

Cases exempted in katarungang pambarangay

- Cases covered are (1) civil and criminal in nature where parties actually reside in the
same city or municipality are subjected to proceedings of amicable settlement.
- Offenses involving government entity
- offenses with maximum penalty of 1yr and fine exceeding 5,000
- offenses with no private party
- peal properties in different cities or municipalities, dispute that needs urgent legal
action, labor disputes, land disputes, and action to annul a judgment upon a
compromise
- A juridical person or corporation like a cooperative cannot file a complaint in barangay
because it is not a party to amicable settlement. Any case involving cooperative or
people’s organization can go directly to court without going through mediation or
conciliation.

Process:
Filing fee is paid to the brgy, treasurer
(No individual can go directly to court or any government office for adjudication of
his/her dispute with another individual especially if the matter is within your jurisdiction.);
except when the parties personally confronted each other and settle their dispute.-
dismissal for lack of cause of action or prematurity
- within 3 days, lupon will issue a notice of hearing to the complainant and summon the
respondent both of whom should appear in the lupon office. Failure to appear by the
complainant without justifiable cause will dismiss the case and eventually cannot file in
court. He can also be punished for indirect contempt
Failure to appear by the respondent without justifiable cause, his counterclaim if
there is any will be dismissed and he will be barred from filing in court and be punished
for indirect contempt of court.
- Solution will be within 15 days. If the respondent does not appear, the case will
be referred to the pangkat tagapagkasundo.
- After 10 days, the settlement will be executory and it has the force and effects of
a decision of a court. In case of fraud, threat or intimidation, injured party can
protest the settlement within 10 days, otherwise the settlement will take effect.
- Failure of mediation and no settlements is reached, the dispute can be resolved
through pangkat tagapagkasundo and they will go under conciliation proceedings
within 15 days from the last day of mediation.
- Conciliation is merely intervening between 2 or more contending parties in order
to prevent or out an end to dispute without an agreement to abide by the decision
of the conciliator. (mediation is done by the punong barangay while conciliation is
done by the pangkat headed by a chairperson.)
- If the complainant failed to appear before the pangkat without justifiable reason,
the complaint shall be dismissed; direct the issuance of and attest to the
certification to bar the filing of action in court or any government offices, Apply
with the local trial court for punishment of the recalcitrant party for the indirect
contempt of court
- For the respondent, dismissal of counterclaim, direct the issuance of and attest to
the certification to bar the filing of respondent counterclaim in court or any
government offices, to bar the filing or respondent counterclaim in court or
government office, and to file complainant’s action in court or any government.

If successful in conciliation, an amicable settlement shall be put into writing in a

language or dialect known to them, and attested to by the lupon chairman or the
pangkat chairman. It has the force and effect of a final judgement of a court after 10
days from the date of amicable settlement was made, 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.

CASES WHEREIN THE SUPPOSED SETTLEMENT WAS AFFECTED

ADVERSELY BY FRAUD, VIOLENCE, INTIMIDATION, ETC?- ANY OF THE
INVOLVED PARTIES CAN REPUDIATE THE SETTLEMENT WITHIN 10 DAYS
FROM THE DATE OF THE SETTLEMENT BY FILING WITH THE LUPON
CHAIRPERSON OR PANGKAT A STATEMENT TO THAT EFFECT SWORN
BEFORE HIM. FAILURE TO REPUDIATE THE SETTLEMENT WITHIN A TEN (10)
DAY PERIOD SHALL BE DEEMED A WAIVER OF THE RIGHT TO CHALLENGE
ON SAID GROUNDS.

HOW CAN THE AMICABLE SETTLEMENT IN THE PANGKAT BE EXECUTED?

THE AMICABLE SETTLEMENT HAS THE FORCE AND EFFECT OF A FINAL
JUDGMENT OF A COURT UPON THE EXPIRATION OF THE 10-DAY PERIOD OF
REPUDIATION AND THIS MAY BE ENFORCED BY EXECUTION BY THE LUPON
WITHIN 6 MONTHS FROM THE DATE OF SETTLEMENT. AFTER THE LAPSE OF
SUCH TIME, THE SETTLEMENT MAY BE ENFORCED BY FILING A MOTION IN
THE MUNICIPAL TRIAL COURT OF THE PLACE WHERE THE SETTLEMENT
WAS MADE.

WHAT IF THERE WAS NO SETTLEMENT BETWEEN THE PARTIES, DESPITE

ALL EFFORTS TO CONCILIATE?
A CERTIFICATION TO FILE ACTION, FORM NO. 21 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.

DURING THE HEARING, THE PUNONG BARANGAY SHALL ASCERTAIN THE

FACTS FOR THE NON-COMPLIANCE OF SETTLEMENT AND STRONGLY
ENCOURAGE THE PARTY OBLIGED TO COMPLY WITH SETTLEMENT. AFTER
THE LAPSE OF FIVE (5) DAYS WITH NO VOLUNTARY COMPLIANCE, THE
PUNONG BARANGAY SHALL ISSUE A NOTICE OF EXECUTION.

WITHIN 6 MONTHS FROM THE DATE OF THE SETTLEMENT, THE LUPON

THROUGH THE PUNONG BARANGAY EXECUTES THE SETTLEMENT. BY THE
WAY, THE ACTUAL EXECUTION MAY BE IN FORM OF MONEY. BUT IN CASE
OF FAILURE TO COMPLY VOLUNTARILY WITH THE SETTLEMENT, THE
PUNONG BARANGAY SHALL TAKE POSSESSION OF SUFFICIENT PERSONAL
PROPERTY OF THE PARTY OBLIGED. THE PROPERTY CAN BE SOLD AND
THE PROCEEDS APPLIED TO THE AMOUNT.

HOW CAN THE PROPERTY BE DELIVERED OR RESTITUTED?

IF PROPERTY IS LOCATED IN THE BARANGAY, THE PUNONG BARANGAY
SHALL OUST FROM THE PROPERTY THE PERSON AGAINST WHOM THE
AMICABLE SETTLEMENT OR ARBITRATION AWARD IS RENDERED AND
PLACE THE PARTY ENTITLED IN POSSESSION. IF THE PROPERTY IS
OUTSIDE THE BARANGAY, BUT WITHIN THE SAME CITY/ MUNICIPALITY, THE
PUNONG BARANGAY SHALL AUTHORIZE OTHER PUNONG BARANGAY TO
TAKE POSSESSION AND ACT IN ACCORDANCE WITH THE PRECEDING
PARAGRAPH. CONVEYANCE OF LAND, DELIVERY OF DEEDS OR OTHER
DOCUMENTS, OR PERFORMANCE OF ANY SPECIFIC ACT. THE PUNONG
BARANGAY MAY DIRECT THE SECRETARY TO PERFORM THE ACT AT THE
COST OF THE DISOBEDIENT PARTY. COSTS WILL BE CHARGED TO THE
DISOBEDIENT PARTY.

WHEN WILL THIS ARBITRATION TAKE PLACE?

ARBITRATION CAN TAKE PLACE AT ANY STAGE OF THE PROCEEDINGS AS
LONG AS BOTH PARTIES AGREE IN WRITING TO ABIDE BY THE
ARBITRATION AWARD OF THE LUPON OR THE PANGKAT. IN OTHER WORDS,
EITHER THE LUPON CHAIRPERSON OR PUNONG BARANGAY OR THE
PANGKAT CHAIRPERSON CAN ACT AS AN ARBITRATOR. IN MEDIATION OR
CONCILIATION, THE LUPON CHAIRPERSON OR PANGKAT SIMPLY ASSISTS
THE PARTIES IN DEFINING ISSUES AND EXPLORING SOLUTIONS TO
DEVELOP A MUTUALLY ACCEPTED SETTLEMENT. IN ARBITRATION, THE
LUPON CHAIRPERSON OR PANGKAT IS GIVEN THE POWER TO RENDER
DECISIONS ON THE DISPUTE WITH A PRIOR AGREEMENT OF THE PARTIES
TO BE BOUND BY IT. THE PARTIES SHALL PRESENT EVIDENCE AS TO THE
FACTS AND MERITS OF THE CASE TO THE ARBITRATOR. ON THE BASIS OF
THESE FACTS, THE ARBITRATOR MAKES A DECISION, ON WHAT HE/SHE
BELIEVES TO BE FAIR OR JUST. IN THIS CASE, THE ARBITRATOR MUST BE
NEUTRAL AND IMPARTIAL IN MAKING THE DECISION WHICH MUST ALSO BE
SUITABLE TO THE DISPUTING PARTIES

FIRST IS THE FILING OF THE COMPLAINT WITH THE OFFICE OF THE

PUNONG BARANGAY AND PAYMENT OF THE ARBITRATION CAN TAKE
PLACE AT ANY STAGE OF THE PROCEEDINGS AS LONG AS BOTH PARTIES
AGREE IN WRITING TO ABIDE BY THE ARBITRATION AWARD OF THE LUPON
OR THE PANGKAT. IN OTHER WORDS, EITHER THE LUPON CHAIRPERSON
OR PUNONG BARANGAY OR THE PANGKAT CHAIRPERSON CAN ACT AS AN
ARBITRATOR. IN MEDIATION OR CONCILIATION, THE LUPON CHAIRPERSON
OR PANGKAT SIMPLY ASSISTS THE PARTIES IN DEFINING ISSUES AND
EXPLORING SOLUTIONS TO DEVELOP A MUTUALLY ACCEPTED
SETTLEMENT. IN ARBITRATION, THE LUPON CHAIRPERSON OR PANGKAT IS
GIVEN THE POWER TO RENDER DECISIONS ON THE DISPUTE WITH A PRIOR
AGREEMENT OF THE PARTIES TO BE BOUND BY IT. THE PARTIES SHALL
PRESENT EVIDENCE AS TO THE FACTS AND MERITS OF THE CASE TO THE
ARBITRATOR. ON THE BASIS OF THESE FACTS, THE ARBITRATOR MAKES A
DECISION, ON WHAT HE/SHE BELIEVES TO BE FAIR OR JUST. IN THIS CASE,
THE ARBITRATOR MUST BE NEUTRAL AND IMPARTIAL IN MAKING THE
DECISION WHICH MUST ALSO BE SUITABLE TO THE DISPUTING PARTIES.
WHEN WILL THIS ARBITRATION TAKE PLACE? 54 A HANDBOOK FILING FEE
BY THE COMPLAINANT. BUT IF THE PARTIES AGREE TO SUBMIT
THEMSELVES TO THE ARBITRATION PROCESS AT ANY STAGE OF
MEDIATION AND CONCILIATION, THE CONDUCT OF AN ARBITRATION
HEARING CAN TAKE PLACE IMMEDIATELY. AFTER FILLING UP THIS
AGREEMENT OF ARBITRATION, THE PARTIES ARE GIVEN FIVE (5) DAYS TO
WITHDRAW FROM SUCH AN AGREEMENT BY FILLING UP A SWORN
STATEMENT STATING HIS/HER REASONS THAT SUCH AGREEMENT WAS
OBTAINED THROUGH FRAUD, VIOLENCE AND INTIMIDATION (IF THIS IS THE
CASE). IF THAT IS HOW ANY OF THE PARTY PERCEIVED THE CASE TO BE,
THEN IT FOLLOWS THAT THERE IS NO USE TO PROCEED WITH THE CASE IN
THE LUPON.

IF THE COMPLAINANT‛S ABSENCE WAS FOUND TO BE WILLFUL AND NOT

JUSTIFIED, THE COMPLAINT IS OUTRIGHTLY DISMISSED AND SHALL BE
BARRED FROM FILING ACTION IN COURT. ON THE OTHER HAND, IF THE
RESPONDENT‛S ABSENCE IS FOUND TO BE ALSO WILLFUL AND
UNJUSTIFIED, THEN YOU CAN ISSUE A CERTIFICATE TO FILE ACTION AND
CERTIFICATE TO BAR COUNTERCLAIM IN FAVOR OF THE COMPLAINANT.

YOU SHALL BE GIVEN FIFTEEN 15 DAYS BUT NOT EARLIER THAN SIX (6)
DAYS FROM THE DATE OF THE LAST HEARING, TO EVALUATE AND ISSUE
THE ARBITRATION AWARD AND AFTER THAT WITHIN FIVE (5) DAYS, YOUR
SECRETARY SHALL FURNISH A COPY OF THE ARBITRATION AWARD TO THE
PARTIES; KEEP A FILE AT THE LUPON OFFICE AND BE SURE TO FURNISH A
COPY TO THE CITY/MUNICIPALITY COURT.

HOW CAN THE AWARD OR DECISION BE EXECUTED? IN THE SAME MANNER

THAT MEDIATION OR CONCILIATION SETTLEMENT ARE EXECUTED. ARE MY
EXPLANATIONS CLEAR SO FAR? PLEASE DON‛T HESITATE TO ASK OR
CLARIFY THINGS THAT ARE NOT QUITE CLEAR. PLEASE PARDON
INADEQUACIES IN MY EXPLANATION, IF ANY.
INDIGENOUS MODES O F DISPUTE RESOLUTION- IN BARANGAYS, WHERE THE
MAJORITY ARE FROM INDIGENOUS CULTURAL COMMUNITIES, THE LOCAL
SYSTEMS OF SETTLING DISPUTES APPLY TO THEM THROUGH THEIR
COUNCILS OF TRIBAL ELDERS OR SOME OTHER FORM OF TRADITIONAL
MECHANISM. HOWEVER, IN MUSLIM-DOMINATED BARANGAYS, THE LAWS OF
SHARIAH APPLIES TO THEM. THIS IS RECOGNIZED BY THE LOCAL
GOVERNMENT CODE.

REQUIREMENTS
THE PROVINCIAL OFFICE OF THE NATIONAL STATISTICS OFFICE (NSO)
SHOULD CERTIFY THAT THE MAJORITY OF THE INHABITANTS OF THE
BARANGAY BELONG TO THE INDIGENOUS CULTURAL COMMUNITIES. OF
COURSE, THEY SHOULD NOT FORGET TO REGISTER THE NAMES OF THEIR
RECOGNIZED DATU OR ELDERS WITH THE OFFICE OF THE MAYOR IN THE
RESPECTIVE CITY OR MUNICIPALITY. LASTLY, THE ELDERS OR DATUS MUST
CERTIFY THE INDIGENOUS SYSTEM OF SETTLING DISPUTES BY THEIR
RESPECTIVE COUNCILS OF DATUS, TRIBAL LEADERS OR LEADERS

WHAT IF ONLY ONE OF THE DISPUTANT BELONGS TO ANOTHER TRIBAL

COMMUNITY, HOW CAN WE SETTLE THIS?.
THEN, THE PARTIES MUST AGREE UPON THE INDIGENOUS SYSTEM THEY
WOULD SUBMIT THEMSELVES TO FOR AMICABLE SETTLEMENT.

WHAT IF THEY CANNOT MUTUALLY AGREE ON THE SUBMISSION OF THE

DISPUTE WITH THE INDIGENOUS SYSTEM OF AMICABLE SETTLEMENT?
THEN THAT IS THE TIME WHEN THE SETTLEMENT PROCEEDINGS PROVIDED
FOR BY THE KATARUNGANG PAMBARANGAY SHALL BE APPLIED.

WHAT IF THE DISPUTE IS SETTLED SUCCESSFULLY THROUGH THE LOCAL

INDIGENOUS SYSTEM, DOES THE TRIBAL COUNCIL NEED TO INFORM ME?
PRECISELY, THE TRIBAL COUNCIL NEEDS TO TRANSMIT A COPY OF THE
SETTLEMENT DULY ATTESTED TO BY THE TRIBAL COUNCIL LEADERS TO THE
PUNONG BARANGAY OF THE PLACE WHERE THE DISPUTE HAS BEEN
SETTLED.

DOES THE SETTLEMENT HAVE THE SAME FORCE AND EFFECT OF AN

AMICABLE SETTLEMENT WITH KATARUNGANG PAMBARANGAY?
YES, THAT IS RIGHT. THE ATTESTED SETTLEMENT UNDER THE LOCAL
INDIGENOUS SYSTEM SHALL HAVE THE SAME FORCE AND EFFECT AS
SETTLEMENT ARRIVED AT THROUGH THE PROCEDURES UNDER THE
KATARUNGANG PAMBARANGAY LAW.

WHAT IF ONE OF THE PARTIES IS NOT SATISFIED WITH THE SETTLEMENT

MADE?
JUST LIKE THE SETTLEMENT OR ARBITRATION AWARD, THE SETTLEMENT
CAN BE REPUDIATED WITHIN THE SAME PERIOD AND THE SAME GROUNDS
PROVIDED BY THE KATARUNGANG PAMBARANGAY LAW.

WHAT IF THE PARTIES FAILED TO ARRIVE AT AN AMICABLE SETTLEMENT

UNDER THE LOCAL INDIGENOUS SYSTEM? SO WHAT ARE THE DUTIES OF
LUPON SECRETARY WITH RESPECT TO THE ATTESTED SETTLEMENT AND
CERTIFICATE OF NONSETTLEMENT UNDER THE LOCAL INDIGENOUS
SETTLEMENT SYSTEM?

THE COUNCIL WILL STILL ISSUE A CERTIFICATE THAT A SETTLEMENT HAS

FAILED AND TRANSMIT THE SAME TO THE PUNONG BARANGAY. THE LUPON
SECRETARY SHALL KEEP A FILE OF THE ATTESTED SETTLEMENT AND
CERTIFICATES OF NONSETTLEMENT TRANSMITTED TO THE PUNONG
BARANGAY AND TRANSMIT EACH TO THE PROPER LOCAL COURT.
SO CAN A MEMBER OF THE ICC/IP FILE DIRECTLY WITH THE NCIP?
NO. THE LAW PROVIDES THAT ALL REMEDIES PROVIDED BY THE CUSTOMARY
LAWS MUST BE EXHAUSTED FIRST BEFORE THE DISPUTE SHALL BE
BROUGHT BEFORE THE NCIP.

WHAT IS THE EFFECT OF A DISPUTE BEING SETTLED AT THIS LEVEL? SIMILAR

TO THAT WHICH IS PROVIDED BY THE LGC, SETTLEMENT OF DISPUTES SHALL
HAVE THE SAME FORCE AS SETTLEMENT ARRIVED AT OR DECISION
PROMULGATED IN ACCORDANCE TO THE NCIP RULES.

WHAT HAPPENS IF NO SUCCESSFUL DISPUTE SETTLEMENT HAS BEEN MADE?

WHERE THE PARTIES FAIL TO SETTLE THEIR DISPUTES, THE MEMBERS OF
THE INDIGENOUS DISPUTE SETTLEMENT GROUP OR COUNCIL OF ELDERS,
DATUS, TRIBAL LEADERS OR SIMILAR LEADERS SHALL ISSUE A
CERTIFICATION TO THE EFFECT THAT ALL DILIGENT EFFORTS FOR
SETTLEMENT UNDER CUSTOMARY PRACTICES FAILED. A CERTIFICATION TO
FILE ACTION BEFORE THE NCIP MAY ALSO BE ISSUED BY THE SAME GROUP
UPON REQUEST OF THE PROPER PARTY.