B sics of K t rung ng P mb r ng y

LGOO VI Edu rd G. Lut o, MPM

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 CONTENT:

1. K t rung ng P mb r ng y (KP):
Concept, Leg l B sis nd Purpose
2. Lupong T g p m y p
3. P ngk t T g p gk sundo
4. Mg P rtido s KP
5. Scope nd Jurisdiction
6. Venue
7. Processes
8. Supporting KP
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 What is Katarungang Pambarangay?

A community-b sed dispute

settlement mech nism th t is
dministered by the b sic politic l
unit of the country, the b r ng y.
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 It covers disputes between members of
the s me community (gener lly, s me
city/municip lity) nd involves the
Punong B r ng y nd other members
of the communities (the Lupon
members) s intermedi ries
(medi tors, concili tors, nd,
sometimes, rbitr tors).
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 Mech nisms for Settling Disputes under
the K t rung ng P mb r ng y:
MEDIATION
(P m m git n/ P gp tung )

CONCILIATION
(P gk k sundo/ P gsugt n y)

ARBITRATION
(P gsunod s desisyon ng rbitr tors or rbitr tion w rd/
P gtum n s ng K sugt n n s Arbitr tion Aw rd)
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 LEGAL BASES

●It w s the old “Lupong T g p y p ” under

Presidenti l Decree 1508 en cted on June 11, 1978
●B t s P mb ns Blg. 337 or the 1983 Loc l
Government Code
●Loc l Government Code of 1991 or Republic Act No.
7160
●Administr tive Circul r No. 14-93
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 ESSENCE OF THE BARANGAY JUSTICE SYSTEM

The essence of the KP L w is the mic ble

settlement of disputes wherein the disputing
p rties re encour ged to m ke mutu l
concessions to obt in pe ceful resolution of
the dispute without form l djudic tion thereof.
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 The import nt consider tion in
mic ble settlement:
The p rties re willing to compromise
their respective cl ims g inst e ch
other within the limits imposed by
l w, mor ls, good customs, public
order nd public policy.
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OBJECTIVES OF THE KP LAW
Screening process
….determine which c ses re truly irreconcil ble nd should
therefore be resolved judici lly.

Decongesting court dockets

Provide ltern tive to litig tion
Perpetu te tr dition nd culture
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 Wh t is Lupong T g p m y p ?

"Lupong T g p m y p , or Lupon, is
group org nized in b r ng y
composed of ch irperson nd 10-20
Lupon members. The Punong b r ng y
serves s the Lupon Ch irperson nd
lso ppoints its members."
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 Remember:

The Lupon is not judici l body but n

dministr tive body under the executive br nch of
the government. Thus, the Lupon does not possess
the power to impose crimin l s nction such s ine or
imprisonment or the power to punish for contempt to
compel obedience to its orders.
(DOJ Opinion No. 95, 2, 1981)
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 The position of the Lupon Ch irm n is merely ex-o icio to
the position of PB. The l tter is not ppointed to the position
of Lupon Ch irm n but is design ted by l w to perform the
duties of the Lupon Ch irm n in ddition to his regul r
duties.
The prohibition g inst the holding of nother public o ice or
position by n elective o ici l does not pply to ddition l
duties nd functions required by the prim ry functions of the
o ici l concerned who sh ll perform them in n ex-o icio
c p city s provided by l w.

(Civil Liberties Union v. Executive Secret ry, 194 SCRA 317)

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INSTANCES WHERE PUNONG BARANGAY IS
EXEMPTED/DISQUALIFIED TO ACT AS LUPON
CHAIRMAN:
1) If he is p rty to the c se either s
compl in nt or respondent;

2) If he is tempor rily inc p cit ted to perform

his duties on grounds s provided under Sec. 46 of
the LGC
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 Lupong T g p m y p nd
P ngk t n T g p gk sundo

Vacancies

Func onality

Oath of O ce BI L I TY
AI NA
Pos ng SUST
ATI O N
NAL I Z
No ce to Cons tute
IT UT I O
INST

EAT I O N
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Constitution of Lupon
 1. As Lupon Ch irm n, the PB sh ll h ve the
following powers nd duties:

. Constitution of the Lupon

1. Determine within 15 d ys from the st rt of his
term of o ice the ctu l number, not less th n 10
members nor more th n 20, th t will constitute the
Lupon;
2. Prep re notice to constitute Lupon
3. Post s id notice to constitute the Lupon
immedi tely upon its completion in three (3)
conspicuous pl ces within the b r ng y for
period of not less th n three weeks;
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 1. As Lupon Ch irm n, the PB sh ll h ve the following
powers nd duties:

. Constitution of the Lupon (cont…)

4. Appoint not less th n 10 nor more th n 20 persons
from the list of n mes cont ined in the notice;
5. Swe r the ppointees into o ice, sign their
ppointment p pers nd h ve them ttested by the
B r ng y Secret ry;
6. Post the list of ppointed Lupon members in three (3)
conspicuous pl ces in the b r ng y for the entire dur tion
of their term of o ice; nd
7. Withdr w the ppointment of ny Lupon member for
justi i ble c use with the concurrence of m jority of ll
Lupon members
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 LUPON SECRETARY
The Brgy. Secret ry sh ll concurrently serve s the secret ry
of the Lupon nd sh ll h ve the following duties nd functions:

●A. Keep nd m int in record book of ll compl ints iled with

the PB numbered consecutively in the order in which they were
received nd enter therein the n mes of the p rties, d te nd
time iled, n ture of the c se nd disposition;
●B. Note the results of the medi tion proceedings before the PB
nd submit in l report to the proper court;
●C. Record the willful f ilure or refus l of witness to comply
with subpoen issued by the PB;
● d. Record the willful f ilure or refus l of p rty to comply with
the summons issued by the PB nd issue certi ic tion to b r
ction/countercl im, s the c se m ybe, pursu nt to Section 8,
Rule VI;
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 ●E. Receive nd keep records of proceedings submitted to him
by the v rious P ngk ts;
●F. Tr nsmit the settlement greed upon by the p rties to the
proper court;
●G. Tr nsmit the rbitr tion w rd to the proper court within 5
d ys from the d te thereof;
●H. Issue the certi ic tion required for iling n ction or
proceedings in court or ny government o ice for
djudic tion;
●I. Issue certi ic tion for b rring the compl in nt from iling
c se or the respondent from iling countercl im in court in
c se of willful f ilure of the compl in nt or respondent;
●J. Furnish copies of the settlement or rbitr tion w rd to ll
p rties nd to PB;
●K. Issue certi ied true copies of ny public record in his
custody th t is not by l w otherwise decl red con identi l.
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QUALIFICATIONS OF LUPON

1. Actual resident or working in the barangay where

he/she intends to be a member of Lupon.
2. Legal age (at least 18 years old)
3. Not disquali ied or removed with rights under the
law to be a member of Lupon.
4. With integrity, impartiality, fairness,, open-
mindedness, independence, reputation of probity
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DISQUALIFICATIONS OF LUPON

1. Age less than 18 years old

2. Incompetent (convicted of civil interdiction,
hospitalized lepers, prodigals, physically disabled
who can’t read and write, with mental disability,
lucid interval, etc.)
3. Convicted of a crime, with perpetual
disquali ication to hold public o ice.
4. Elected o icials, unless provided by law.
5. Active members of the AFP
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EDUCATIONAL ATTAINMENT
AND LEGAL TRAINING
ARE NOT REQUIRED
TO BE A MEMBER OF LUPON
 Can a Lupon member continue to
work in a public or private agency?

Answer: Yes.
 FUNCTIONS OF LUPON
. Medi tion nd Arbitr tion Functions

• Receive compl ints

• Administer o ths in connection with ny m tter rel ting
to ll proceedings in the implement tion of the KP.
• Resolve ll objections to venue r ised during the
medi tion proceedings
• Medi te ll disputes within his jurisdiction
• Arbitr te the disputes upon written greement of the
p rties to bide by the rbitr tion w rd of the Lupon
Ch irm n.
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 ●C. Constitution of the P ngk t

●-there h ving no greement to rbitr te nd medi tion e orts

h ving been unsuccessful, he sh ll on the l st d y of the
medi tion proceedings before him immedi tely proceed to
constitute the P ngk t
●-should the p rties f il to gree on the composition of the
three-member P ngk t, he sh ll determine the P ngk t
membership by dr wing of lots from the list of lupon members
●-If the P ngk t decides to disqu lify ny of its members, he
sh ll ill the resulting v c ncy lso by dr wing of lots should
the p rties f il to gree on common choice
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 ●- In c se of v c ncy in the P ngk t due to other
c uses, he sh ll in simil r m nner ill such v c ncy
should the p rties f il to gree on common
choice

●- Set the d te nd time for the initi l he ring of the

dispute by the P ngk t, which sh ll not be l ter
three (3) d ys from its constitution
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 LUPONG TAGAPAMAYAPA

●“Group of P ci iers” or “P cifying

Committee”
●Pe cekeeping in n ture
●To douse cold w ter to wh tever trouble
m y be brewing with the b r ng y
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VACANCIES IN THE LUPON
●Should v c ncy occur in the
lupon for ny c use, the PB sh ll
immedi tely ppoint qu li ied
person who sh ll hold o ice only for
the unexpired portion of the term
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FUNCTIONS OF THE LUPON
• EXERCISE ADMINISTRATIVE SUPERVISION OVER THE
CONCILIATION PANELS PROVIDED THEREIN;

• MEET REGULARLY ONCE A MONTH TO PROVIDE A

FORUM FOR MATTERS RELEVANT TO THE AMICABLY
SETTLEMENT OF DISPUTES AND TO ENABLE VARIOUS
CONCILIATION PANEL MEMBERS TO SHARE WITH ONE
ANOTHER THEIR OBSERVATIONS AND EXPERIENCES IN
EFFECTING SPEEDY RESOLUTION OF DISPUTES; AND

• EXERCISE SUCH OTHER POWERS AND PERFORM SUCH

OTHER DUTIES AND FUNCTIONS AS MAY BE
PRESCRIBED BY LAW OR ORDINANCE
 PANGKAT NG TAGAPAGKASUNDO

●Sec. 404 ( )There sh ll be constituted for

e ch dispute brought before the Lupon
concili tion p nel to be known s the p ngk t
ng t g p gk sundo, herein fter referred to s
the p ngk t, consisting of three (3) members
who sh ll be chosen by the p rties to the
dispute from the list of members of the lupon.
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 Vacancies in the Pangkat

●An v c nc in the p ngk t sh be

chosen b the p rties to the dispute
from mong the other upon members.
Shou d the p rties f i to gree on
common choice, the v c nc sh be
ed b ot to be dr wn b the upon
ch irm n.
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 KP FLOWCHART
LUPON Send Summons MEDIATION
COMPLAINT and No ce
CHAIRMAN (15 days)

COURT Dismiss the

Case
CONCILIATION MEDIATION
Amicable
In case of non-compliance
Amicable Se lement
Execu on of Se lement
Award/
Agreement
by PB w/in 6 ARBITRATION ARBITRATION
mos. Arbitra on
Arbitra on Award
Award

File case Issuance of CONCILIATION Cons tu on of

in Court Cer cate to
15-15-15 the Pangkat
File Ac on
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 FILING OF COMPLAINT
* If the comp int is m de or , it sh be put into
writing b the Lupon Secret r using the s mp e
of the Comp int under (KP Form No. 7)
* The Brg . Secret r sh record/docket the
comp int in the KP Record/Docket Book for Lupon
C ses, which sh inc ude, mong others; 1) d te
of ing; 2) c se number; 3) comp in nt/s nd
ddress/es; 4) respondent/s nd ddress/es; 5)
n ture of the comp int, nd 6) ction t ken.
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 DETERMINATION OF A
LUPON CASE

AUTHORITY VENUE

SUBJECT
PARTIES MATTER
● ALL DISPUTES WHERE PARTIES
ACTUALLY RESIDE IN THE SAME
CITY OR MUNICIPALITY ARE
SUBJECTED TO PROCEEDINGS
OF AMICABLE SETTLEMENT.
 AUTHORITY OVER THE PARTIES

NATURAL PERSONS
VENUE

Excluded: Juridical persons, i.e., corporation,

partnership, cooperative, estate

REAL PARTIES-IN-INTEREST

Excluded: Agents, Lawyers, Representatives

(unless minor or incompetent)

ACTUAL RESIDENTS OF THE SAME

CITY OR MUNICIPALITY EVEN IF

DIFFERENT BARANGAYS
SUBJECT MATTER
VENUE
The lupon shall have authority over all cases,
either, criminal or civil, except those cases
enumerated in Sec. 408 of R.A. 7160 and those
covered by special laws.
 DIFFERENT VENUES
1. Barangay where both
parties Actually reside
VENUE
2.Barangay of the Respondent, provided
both parties reside in the same city/
municipality
If several respondents, Complainant may
elect the venue

3. Barangay where real

4.Barangay where the
property or a larger portion
of which is located
workplace is situated

5. Barangay where the

institution/school is situated
 SUBJECT MATTER

Art. 154 Un wfu use of me ns of pub ic tion nd un

wfu utter nces
Art. 155 A rms nd sc nd s
Art. 175 Using f se certi c tes
Art. 178 Using ctitious n mes nd conce ing true n mes
Art. 179 I eg use of uniforms or insigni s
Art. 252 Ph sic injuries in icted in tumu tuous r
Art. 253 Giving ssist nce to unconsumm ted suicide
Art. 260 Responsibi it of p rticip nts in due if on ph sic
injuries re in icted or no ph sic injuries h ve been in icted
Art. 265 Less serious ph sic injuries
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 Art. 266 S ight ph sic injuries nd m tre tment
Art. 269 Un wfu rrest
Art. 271 Inducing minor to b ndon his home
Art. 275 Ab ndonment of person in d nger nd
b ndonment of one’s own victim
Art. 276 Ab ndoning minor chi d ( chi d of under seven
e rs o d)
Art. 277 Ab ndonment of minor b person entrusted with
his custod ; indi erence of p rents
Art. 280 Qu i ed tresp ss to dwe ing (without the use of
vio ence or intimid tion)
Art. 281 Other forms of tresp ss
Art. 283 Light thre ts
Art. 285 Other ight thre ts
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Art. 286 Gr ve coercion
Art. 287 Light coercion
Art. 288 Other simi r coercions (compu sor purch se of
merch ndise nd p ment of w ges b me ns of tokens)
Art. 289 Form tion, m inten nce nd prohibition of
combin tion of c pit or bor through vio ence or thre ts
Art. 290 Discovering secrets through seizure of
correspondence
Art. 291 Reve ing secrets with buse of o ce
Art. 309 Theft (if v ue of propert sto en does not exceed
P50)
Art. 310 Qu i ed theft (if the mount does not exceed
P50)
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 Art. 312 Occup tion of re propert or usurp tion of
re rights in propert
Art. 313 A tering bound ries or ndm rks
Art. 315 Swind ing or st (if the mount does not
exceed P200)
Art. 316 Other forms of swind ing
Art. 317 Swind ing minor
Art. 318 Other deceits
Art. 319 Remov , s e or p edge of mortg ged
propert
Art. 328 Speci c ses of m icious mischief (if v ue
of the d m ged propert does not exceed P1,000)
Art. 329 Other mischiefs (if the v ue of the d m ged
propert does not exceed P1,000)
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 Art. 338 Simp e seduction
Art. 339 Acts of sciviousness with the consent of the
o ended p rt
Art. 356 Thre tening to pub ish nd o er to prevent such
pub ic tion for compens tion
Art. 357 Prohibited pub ic tion of cts referred to in the
course of o ci proceedings
Art. 363 Incrimin ting innocent persons
Art. 364 Intriguing g inst honor
Section 1, B t s P mb ns B g. 22 Issuing checks without
su cient funds
PD No. 772 Squ tting nd other simi r cts
PD No. 1612 Fencing of sto en properties if the propert
invo ved is not more th n P50.
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EXCEPT THE FOLLOWING
●OFFENSES INVOLVING GOVERNMENT ENTITY;

●OFFENSES WHERE ONE PARTY IS A PUBLIC OFFICER

OR EMPLOYEE AND THE DISPUTE RELATES TO THE
PERFORMANCE OF HIS OFFICIAL FUNCTIONS;
●OFFENSES WITH MAXIMUM PENALTY OF 1 YEAR AND
EXCEEDING FINE FIVE THOUSAND (P5,000.00);
●OFFENSES WITH NO PRIVATE PARTY;

●REAL PROPERTIES IN DIFFERENT CITIES OR

MUNICIPALITIES, DISPUTES THAT NEED URGENT LEGAL
ACTION, LABOR DISPUTES, LAND DISPUTES AND
ACTION TO ANNUL A JUDGMENT UPON A
COMPROMISE.
EXCEPT THE FOLLOWING
●DISPUTES INVOLVING PARTIES WHO ACTUALLY
RESIDE IN BARANGAYS OF DIFFERENT CITIES OR
MUNICIPALITIES EXCEPT WHERE SUCH
BARANGAY ADJOIN EACH OTHER AND THE
PARTIES THERETO AGREE TO SUBMIT THEIR
DIFFERENCES TO AMICABLE SETTLEMENT BY AN
APPROPRIATE LUPON
●SUCH OTHER CLASSES OF DISPUTES WHICH
THE PRESIDENT MAY DETERMINE IN THE
INTEREST OF JUSTICE OR UPON
RECOMMENDATION BY THE SECRETARY OF
JUSTICE.
PROCEDURE FOR AMICABLE SETTLEMENT
 .Who m y initi te proceedings – upon p yment of the
ppropri te iling fee, ny individu l who h s c use of
ction g inst nother individu l involving ny m tter
within the uthority of the lupon m y compl in or lly or
in writing, to the lupon ch irm n of the b r ng y.
b.Medi tion by lupon ch irm n – upon receipt of the
compl int, the lupon ch irm n sh ll, within the next
working d y, summon the respondent, with notice to the
compl in nt for them nd their witnesses to ppe r
before him for medi tion of their con licting interests.
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 ●c. Suspension of prescriptive period of o enses –
While the dispute is under medi tion, concili tion, or
rbitr tion, the prescriptive periods for o enses nd
c uses of ction under existing l ws sh ll be
interrupted upon iling of the compl int with the PB.
The prescriptive period sh ll resume upon receipt by
the compl in nt of the compl int or the certi ic te of
repudi tion or of the certi ic tion to ile ction, issued
by the lupon or p ngk t secret ry. Provided th t such
interruption sh ll not exceed (60) d ys from the iling
of the compl int with the PB.
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 d. Issu nce of summons; he ring; grounds for
disqu li ic tion – The p ngk t sh ll convene not l ter
th n three (3) d ys from its constitution, on the d y
nd hour set by the lupon ch irm n, to he r both
p rties nd their witnesses, simplify issues nd explore
ll possibilities for mic ble settlement.

e. Period to rrive t settlement – the p ngk t sh ll

rrive t settlement or resolution of the dispute
within ifteen (15) d ys from the d y it convenes in
ccord nce with this section.
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 FORM OF SETTLEMENT

A mic b e sett ement sh be :

- in writing
- in ngu ge or di ect known
to the p rties
- signed b them
- ttested b the upon ch irm n
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 REPUDIATION

●An p rt to the dispute m , within 10 d s

from the d te of the sett ement, repudi te the
s me b ing with the upon ch irm n
st tement to th t e ect sworn to before him,
where the consent is viti ted b fr ud,
vio ence or intimid tion. Such repudi tion
sh be su cient b sis for the issu nce of the
certi c tion for ing comp int s
herein bove provided.
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 EFFECT OF AMICABLE SETTLEMENT AND
ARBITRATION AWARD

●The mic b e sett ement nd rbitr tion w rd

sh h ve the force nd e ect of n judgment
of court upon the expir tion of 10 d s from the
d te thereof, un ess repudi tion of the sett ement
h s been m de or petition to nu if the w rd
h s been ed before the court.
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 EXECUTION
The mic b e sett ement or rbitr tion w rd m be
enforced b the upon within 6 months from the d te of
sett ement. After the pse of such time, the sett ement
m be enforced b ction in the ppropri te cit or
municip court

The secret r of the upon sh tr nsmit the sett ement or

the rbitr tion w rd or from the pse of 10 d s period
repudi ting the sett ement nd sh furnish copies
thereof to e ch of the p rties to the sett ement nd the
upon ch irm n.
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 SUPPORTING KP
1. A oc tion of funds b the b r ng or higher
LGU to support KP progr ms nd the Lupon
Members.
2. Support of the M or to e ect e ective
dministr tion of KP in its jurisdiction b r ng s.
3. Leg support b the higher LGU on queries
re ted to imp ement tion of KP.
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Review
 KP FLOWCHART
LUPON Send Summons MEDIATION
COMPLAINT and No ce
CHAIRMAN (15 days)

COURT Dismiss the

Case
CONCILIATION MEDIATION
Amicable
In case of non-compliance
Amicable Se lement
Execu on of Se lement
Award/
Agreement
by PB w/in 6 ARBITRATION ARBITRATION
mos. Arbitra on
Arbitra on Award
Award

File case Issuance of CONCILIATION Cons tu on of

in Court Cer cate to
15-15-15 the Pangkat
File Ac on
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 Th nk you.
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