K A TA R U N GA N G

PAMBARA N G A Y L A W
Y. RHOAN I. HIP ONIA J.D .
ATT
WHAT IS KATARUNGANG PAMBARANGAY?

• KATARUNGANG PAMBARANGAY 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, THEREBY CONSIDERABLY
REDUCING THE DOCKETS IN OUR COURTS OF JUSTICE.
WHAT ARE THE PURPOSES AND OBJECTIVES OF THE
KATARUNGANG PAMBARANGAY?

• THE ESSENCE OF A BARANGAY JUSTICE IS A PEACEFUL AND HARMONIOUS RESOLUTION OF CONFLICTS WITHIN
THE BARANGAY INSTEAD OF ADVERSARIAL PROCEEDINGS IN THE COURTS. PEACEFUL SETTLEMENT OF
DISPUTES AMONG THE FAMILY AND BARANGAY MEMBERS WITHOUT GOING TO THE COURTS “IS A TIME-
HONORED TRADITION IN THE PHILIPPINES AND IS AT THE ROOT OF A FILIPINO CULTURE.” KP RECOGNIZES THE
TRADITIONAL MODES OF DISPUTE RESOLUTION BORNE-OUT OF TIME-HONORED TRADITIONS OF:

• PAKIKISAMA (COMMUNITY-SPIRIT)
• UTANG NA LOOB (DEBT OF GRATITUDE)
• KINSHIP
• KP HELPS REDUCE THE NUMBER OF INDISCRIMINATE FILING OF CASES THAT LEADS TO CONGESTION OF
COURT DOCKETS. BY COMPELLING THE PARTIES TO SETTLE THEIR CONFLICTS THROUGH THE
INTERVENTION OF THE BARANGAY, THE ANIMOSITY GENERATED BY A PROTRACTED COURT LITIGATION,
WHICH IS A DISRUPTIVE FACTOR TOWARD UNITY AND COOPERATION, IS AVOIDED.

• IT IS BELIEVED, HOWEVER, THAT THE KP LAW CAN BE USED TO ACHIEVE HIGHER SOCIETAL GOALS SUCH
AS GOOD CITIZENSHIP AND STRONG COMMUNITIES BEYOND ITS ORIGINALLY INTENDED PURPOSE OF
DECONGESTING THE COURT DOCKETS.
WHAT BODY IS TASKED BY LAW TO ADMINISTER THE KATARUNGANG PAMBARANGAY?

• THE LUPONG TAGAPAMAYAPA. IT IS THE BODY ORGANIZED IN EVERY BARANGAY COMPOSED OF THE
BARANGAY CAPTAIN AS CHAIRMAN AND NOT LESS THAN TEN (10) NOR MORE THAN TWENTY (20) MEMBERS
FROM WHICH THE MEMBERS OF EVERY PANGKAT SHALL BE CHOSEN.

• ALTHOUGH THE LUPON, AS A WHOLE, DOES NOT FACILITATE MEDIATION OR CONCILIATION PROCEEDINGS, THE
MEMBERS OF THE PANGKAT WHICH CONDUCTS MEDIATION OR CONCILIATION SESSIONS ARE CHOSEN FROM
THE MEMBERS OF THE LUPON. THE LUPON MAY BE ASSISTED BY THE PROVINCIAL LEGAL OFFICER, CITY LEGAL
OFFICER, MUNICIPAL LEGAL OFFICER, AND/OR PUBLIC PROSECUTOR ON MATTERS INVOLVING QUESTIONS OF
LAW NECESSARY IN THE ADMINISTRATION OF THE KATARUNGANG PAMBARANGAY.
WHAT ARE THE THREE COMPONENTS OF THE KATARUNGANG PAMBARANGAY?

• THE KATARUNGANG PAMBARANGAY IS SAID TO HAVE THREE COMPONENTS:

• (A) THE LUPONG TAGAPAMAYAPA;
• (B) THE PANGKAT NG TAGAPAGSUNDO;
• (C) THE LEGAL ADVISERS.
WHAT IS THE ROLE OF THE LUPONG TAGAPAMAYAPA?

• THE LUPON IS THE PEACE-MAKING COUNCIL IN THE BARANGAY.

WHAT IS ITS COMPOSITION?

• THE LUPON IS CREATED IN EACH BARANGAY AND IS COMPOSED OF: (A) THE PUNONG BARANGAY AS
CHAIRMAN, AND TEN (10) TO TWENTY (20) MEMBERS APPOINTED BY THE PUNONG BARANGAY.
WHAT ARE THE QUALIFICATIONS AND DISQUALIFICATIONS OF A LUPON MEMBER?

• FOR A PERSON TO BECOME A LUPON MEMBER, HE SHALL POSSESS ALL OF THE FOLLOWING QUALIFICATIONS AND NONE OF THE DISQUALIFICATIONS:
• QUALIFICATIONS:
• ANY PERSON WHO IS ACTUALLY RESIDING OR WORKING, IN THE BARANGAY;
• NOT OTHERWISE EXPRESSLY DISQUALIFIED BY LAW; AND
• POSSESSING INTEGRITY, IMPARTIALITY, INDEPENDENCE OF MIND, SENSE OF FAIRNESS, AND REPUTATION FOR PROBITY
• DISQUALIFICATIONS:
• PERSONS CONVICTED OF CRIME WITH AN ACCESSORY PENALTY DISQUALIFICATION FROM HOLDING PUBLIC
OFFICE;

• MINORS;
• MEMBERS OF THE ARMED FORCES WHO ARE STILL IN ACTIVE SERVICE;
• GOVERNMENT EMPLOYEES; AND
• ELECTED GOVERNMENT OFFICIAL
HOW IS THE LUPON FORMED?
• WITHIN FIFTEEN (15) DAYS FROM THE START OF H I S TERM, THE PUNONG BARANGAY PREPARES A NOTICE TO CONSTITUTE
THE LUPON, WHICH SHALL INCLUDE THE NAMES OF THE PROPOSED MEMBERS WHO HAVE EXPRESSED THEIR WILLINGNESS TO
SERVE. SUCH NOTICE SHALL BE POSTED IN THREE (3) CONSPICUOUS PLACES IN THE BARANGAY CONTINUOUSLY FOR A
PERIOD OF NOT LESS THAN THREE (3) WEEKS.

• THE PUNONG BARANGAY, TAKING INTO CONSIDERATION ANY OPPOSITION TO THE PROPOSED APPOINTMENT OR ANY
RECOMMENDATIONS AS MAY HAVE BEEN MADE WITHIN THE PERIOD OF POSTING, SHALL WITHIN TEN (10) DAYS THEREAFTER,
APPOINT AS MEMBERS THOSE WHOM HE DETERMINES TO BE SUITABLE THEREFOR. THE LIST OF APPOINTED MEMBERS SHALL
BE POSTED IN THREE (3) CONSPICUOUS PLACES IN THE BARANGAY FOR THE ENTIRE DURATION OF THEIR TERM OF OFFICE.

• UPON APPOINTMENT, EACH LUPON MEMBER SHALL TAKE AN OATH OF OFFICE BEFORE THE PUNONG BARANGAY.
WHAT IS THE LUPON MEMBER’S TERM OF OFFICE?

• A LUPON MEMBER HOLDS OFFICE UNTIL A NEW LUPON IS CONSTITUTED ON THE THIRD YEAR FOLLOWING
HIS APPOINTMENT UNLESS SOONER TERMINATED BY RESIGNATION, TRANSFER OF RESIDENCE OR PLACE
OF WORK, OR WITHDRAWAL OF APPOINTMENT BY THE PUNONG BARANGAY WITH CONCURRENCE OF THE
MAJORITY OF ALL THE MEMBERS OF THE LUPON.
CAN A LUPON MEMBER’S APPOINTMENT BE
WITHDRAWN?

• YES. A LUPON MEMBER’S APPOINTMENT CAN BE WITHDRAWN BY THE PUNONG BARANGAY AFTER DUE
HEARING AND WITH THE CONCURRENCE OF A MAJORITY OF ALL THE LUPONG TAGAPAMAYAPA MEMBERS,
A LUPON MEMBER’S APPOINTMENT MAY BE WITHDRAWN ON THE GROUNDS OF INCAPACITY TO
DISCHARGE THE DUTIES OF HIS OFFICE OR UNSUITABILITY.
IN CASE OF VACANCIES IN THE LUPON, HOW IS THIS
FILLED?

• SHOULD A VACANCY OCCUR IN THE LUPON FOR ANY CAUSE, THE PUNONG BARANGAY IMMEDIATELY
APPOINTS A QUALIFIED PERSON WHO SHALL HOLD OFFICE ONLY FOR THE UNEXPIRED PORTION OF THE
TERM.
WHAT ARE THE FUNCTIONS OF THE LUPON?
• EXERCISE ADMINISTRATIVE SUPERVISION OVER THE CONCILIATION PANELS;
• MEET REGULARLY ONCE A MONTH TO PROVIDE A FORUM FOR EXCHANGE OF IDEAS AMONG ITS MEMBERS
AND THE PUBLIC ON MATTERS RELEVANT TO THE AMICABLE SETTLEMENT OF DISPUTES, AND TO ENABLE
VARIOUS CONCILIATION PANEL MEMBERS TO SHARE WITH ONE ANOTHER THEIR OBSERVATIONS AND
EXPERIENCES IN EFFECTING SPEEDY RESOLUTION DISPUTES; AND

• EXERCISE SUCH OTHER POWERS AND PERFORM SUCH OTHER DUTIES AND FUNCTIONS AS MAY BE
PRESCRIBED BY LAW OR ORDINANCE;
WHO SERVES AS THE SECRETARY OF THE LUPON?

• THE BARANGAY SECRETARY CONCURRENTLY SERVES AS THE SECRETARY OF THE LUPON.

WHAT ARE THE FUNCTIONS OF THE LUPON SECRETARY?

• THE FOLLOWING ARE SECRETARY’S FUNCTIONS:

• RECORD THE RESULTS OF MEDIATION PROCEEDINGS BEFORE THE PUNONG BARANGAY;
• SUBMIT A REPORT OF THE MEDIATION PROCEEDINGS TO THE PROPER CITY OR MUNICIPAL COURTS; AND
• RECEIVE AND KEEP THE RECORDS OF PROCEEDINGS SUBMITTED TO HIM BY THE VARIOUS CONCILIATION
PANELS.
WHAT IS PANGKAT NG TAGAPAGSUNDO?

• PANGKAT NG TAGAPAGSUNDO IS THE CONCILIATION PANEL THAT HEARS EACH DISPUTE BROUGHT
BEFORE THE LUPON.
WHAT IS ITS COMPOSITION?

• THE PANGKAT NG TAGAPAGSUNDO IS COMPOSED OF THREE (3) MEMBERS WHO ARE CHOSEN BY THE
PARTIES TO THE DISPUTE FROM THE LIST OF MEMBERS OF THE LUPON.
HOW IS THE MEMBERSHIP OF THE PANGKAT DETERMINED IF THE PARTIES FAIL TO
AGREE ON ITS MEMBERSHIP?

• SHOULD THE PARTIES FAIL TO AGREE ON THE PANGKAT MEMBERSHIP, THE SAME SHALL BE DETERMINED
BY LOTS DRAWN BY THE LUPON CHAIRMAN.
IN THE EVENT THAT THERE ARE VACANCIES IN THE
PANGKAT, HOW IS THIS FILLED?

• ANY VACANCY IN THE PANGKAT SHALL BE CHOSEN BY THE PARTIES TO THE DISPUTE FROM AMONG THE
OTHER MEMBERS OF THE LUPON. SHOULD THE PARTIES FAIL O AGREE ON A COMMON CHOICE, THE
VACANCY SHALL BE FILLED BY LOTS DRAWN BY THE LUPON CHAIRMAN.
WHO ARE THE OFFICERS OF THE PANGKAT? WHAT ARE
THEIR FUNCTIONS?
• THE THREE (3) MEMBERS CONSTITUTING THE PANGKAT ELECT FROM AMONG THEMSELVES THE
CHAIRMAN AND THE SECRETARY.

• CHAIRMAN – PRESIDES OVER MEETINGS OR HEARINGS BEFORE THE PANGKAT

• SECRETARY – PREPARES THE MINUTES OF THE PANGKAT PROCEEDINGS AND ISSUES NOTICES TO THE
PARTIES CONCERNED. ALSO TASKED WITH THE ISSUANCE OF THE CERTIFIED TRUE COPIES OF ANY PUBLIC
RECORD IN HIS CUSTODY THAT IS NOT BY LAW OTHERWISE DECLARED CONFIDENTIAL.
IF THE LUPON ENCOUNTERS A DIFFICULT QUESTION OF
LAW, TO WHOM MAY THE LUPON CONSULT?

• ON MATTERS INVOLVING QUESTIONS OF LAW NECESSARY IN THE ADMINISTRATION OF THE KP, THE
FOLLOWING SHALL RENDER LEGAL ADVICE:

• A. PROVINCIAL LEGAL OFFICER

B. CITY LEGAL OFFICER
C. MUNICIPAL LEGAL OFFICER OR PUBLIC PROSECUTOR
WHAT DISPUTES MAY BE BROUGHT FOR AMICABLE
SETTLEMENT BEFORE THE KATARUNGANG PAMBARANGAY?

• DISPUTES 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. THE LUPON SHALL HAVE NO AUTHORITY IN THE FOLLOWING CASES:

A. WHERE ONE PARTY IS THE GOVERNMENT OR ANY SUBDIVISION OR INSTRUMENTALITY THEREOF;
B. WHERE ONE PARTY IS A PUBLIC OFFICER OR EMPLOYEE, AND THE DISPUTE RELATE TO THE PERFORMANCE
OF HIS OFFICIAL FUNCTIONS;
C. OFFENSES PUNISHABLE BY IMPRISONMENT EXCEEDING ONE (1) YEAR OR A FINE EXCEEDING FIVE
THOUSAND PESOS (5,000.00);
D. OFFENSES WHERE THERE IS NO PRIVATE OFFENDED PARTY;
E. WHERE THE DISPUTE INVOLVES REAL PROPERTIES OCATED IN DIFFERENT CITIES OR MUNICIPALITIES
UNLESS THE PARTIES THERE TO AGREE TO SUBMIT THEIR DIFFERENCES TO AMICABLE SETTLEMENT BY AN
APPROPRIATE LUPON;
F. DISPUTE INVOLVING PARTIES WHO ACTUALLY RESIDES IN BARANGAYS OF DIFFERENT CITIES OR
MUNICIPALITIES, EXCEPT WHERE SUCH BARANGAY UNITS ADJOIN EACH OTHER AND THE PARTIES THERETO
AGREE TO SUBMIT THEIR DIFFERENCES TO AMICABLE SETTLEMENT BY AN APPROPRIATE LUPON;
G. SUCH OTHER CLASSES OF DISPUTES WHICH THE PRESIDENT MAY DETERMINE IN THE INTEREST OF
JUSTICE OR UPON THE RECOMMENDATION OF THE SECRETARY OF JUSTICE.
CAN COURTS REFER SOME CASES TO THE LUPON FOR MEDIATION OR CONCILIATION
EVEN IF THE SAID CASES ARE ALREADY OUTSIDE OF THE LUPON’S AUTHORITY?

• THE COURT IN WHICH NON-CRIMINAL CASES NOT FALLING WITHIN THE AUTHORITY OF THE LUPON ARE
FILED MAY MOTU PROPRIO REFER THE CASE TO THE LUPON CONCERNED FOR AMICABLE SETTLEMENT AT
ANY TIME BEFORE TRIAL. HOWEVER, WHERE THE CIVIL CASE IS COVERED BY THE RULE ON SUMMARY
PROCEDURE, ITS REFERRAL TO THE LUPON WHICH HAS NO AUTHORITY OVER THE CASE IS SALIENTLY AN
UNSOUND EXERCISE OF DISCRETION.
WHAT CASES DO NOT REQUIRE BARANGAY CONCILIATION AS A PRE-REQUISITE FOR
FILING IN COURT?

• SUPREME COURT ADMINISTRATIVE CIRCULAR 14-93 PROVIDES FOR THE FOLLOWING ADDITIONAL CASES
WHICH DO NOT REQUIRE THE MANDATORY CONCILIATION OR MEDIATION BEFORE THE LUPON:
1. DISPUTES WHERE URGENT LEGAL ACTION IS NECESSARY TO PREVENT INJUSTICE FROM BEING
COMMITTED OR FURTHER CONTINUED, SPECIFICALLY THE FOLLOWING:
A. CRIMINAL CASES WHERE ACCUSED IS UNDER POLICE CUSTODY OR DETENTION [SEE SEC. 412 (B) (1),
REVISED KATARUNGANG PAMBARANGAY LAW];
B. PETITIONS FOR HABEAS CORPUS BY A PERSON ILLEGALLY DEPRIVED OF HIS RIGHTFUL CUSTODY OVER ANOTHER OR A
PERSON ILLEGALLY DE PRIVED OF OR ON ACTING IN HIS BEHALF;
C. ACTIONS COUPLED WITH PROVISIONAL REMEDIES SUCH AS PRELIMINARY INJUNCTION, ATTACHMENT, DELIVERY OF
PERSONAL PROPERTY AND SUPPORT DURING THE PENDENCY OF THE ACTION; AND
D. ACTIONS WHICH MAY BE BARRED BY THE STATUTE OF LIMITATIONS.
2. ANY CLASS OF DISPUTES WHICH THE PRESIDENT MAY DETERMINE IN THE INTEREST OF JUSTICE OR UPON THE
RECOMMENDATION OF THE SECRETARY OF JUSTICE;
3. WHERE THE DISPUTE ARISES FROM THE COMPREHENSIVE AGRARIAN REFORM LAW (CARL) [SECS. 46 & 47, R. A. 6657];
4. LABOR DISPUTES OR CONTROVERSIES ARISING FROM EMPLOYER-EMPLOYEE RELATIONS [MONTOYA VS. ESCAYO, ET AL.,
171 SCRA 442; ART. 226, LABOR CODE, AS AMENDED, WHICH GRANTS ORIGINAL AND EXCLUSIVE JURISDICTION OVER
CONCILIATION AND MEDIATION OF DISPUTES, GRIEVANCES OR PROBLEMS TO CERTAIN OFFICES OF THE DEPARTMENT OF
LABOR AND EMPLOYMENT];
5. ACTIONS TO ANNUL JUDGMENT UPON A COMPROMISE WHICH MAY BE FILED DIRECTLY IN COURT [SEE SANCHEZ VS.
TUPAZ, 158 SCRA 459] .
WHAT ARE THE COMMON TYPES OF CASE BROUGHT
BEFORE THE LUPON?
BASED ON THE 10 YEAR REPORT OF THE DILG ON KATARUNGANG PAMBARANGAY LAW, THE TYPES OF CASES
BROUGHT BEFORE THE LUPON ARE AS FOLLOWS :
CRIMINAL CASES: (1) PHYSICAL INJURIES; (2) SLANDER; (3) THREATS; (4) ROBBERY; (5) THEFT; (6) DRUG
ABUSE; (7) DAMAGE TO PROPERTY; (8) ESTAFA; (9) TRESPASSING; (10) COERCION; AND (11) UNJUST
VEXATION.
CIVIL CASES: (1) EJECTMENT; (2) FAMILY OR MARITAL PROBLEMS; (3) COLLECTIONS OF DEBTS OR RENTALS;
(4) BREACH OF CONTRACT; (5) DAMAGES; (6) DEMAND FOR SPECIFIC PERFORMANCE OF OBLIGATION
ARISING FROM CONTRACTS.
WHAT IS THE DIFFERENCE BETWEEN THE TERM “VENUE”
AND “JURISDICTION”? ARE THEY SYNONYMOUS?

• THE TWO TERMS ARE NOT SYNONYMOUS TO EACH OTHER. VENUE IS THE PLACE WHERE AN ACTION IS
FILED, HEARD, AND TRIED WHILE JURISDICTION IS THE POWER TO DECIDE OR HEAR A PARTICULAR CASE.
IF A DISPUTE IS SUBMITTED TO THE LUPON OF A CERTAIN BARANGAY BUT THE SAME IS SUPPOSED TO BE HEARD BY THE LUPON OF
ANOTHER BARANGAY, WHEN SHOULD AN OBJECTION
TO THE VENUE BE RAISED?

• OBJECTION TO VENUE MUST BE RAISED IN THE MEDIATION PROCEEDINGS BEFORE THE PUNONG
BARANGAY. OTHERWISE, THE SAME IS DEEMES WAIVED. MOREOVER, SUCH OBJECTION MUST NOT BE
MADE BEFORE THE PANGKAT.
 WHAT ARE RULES TO DETERMINE THE PROPER VENUE OF DISPUTE?

RULES ON VENUE
VENUE FOR CONCILIATION/ MEDIATION
TYPE OF DISPUTE

Between persons actually residing in the same barangay Shall be brought before the lupon of said barangay.

Shall be brought in the barangay where the respondent or

Involving actual residents of different barangays within the same
any of the respondents actually resides, at the election of the
city or municipality
complainant
Shall be brought in the barangay where the real property or the
Involving real property or any interest therein
larger portion thereof is situated.
Arising at the workplace where the contending parties are
Shall be brought in the barangay where such workplace or
employed or at the institution where such parties are enrolled for
institution is located
study
THE LAW PROVIDES THAT DISPUTES BETWEEN OR AMONG THE PARTIES WHO ARE ACTUALLY RESIDING
IN THE SAME CITY OR MUNICIPALITY MAY BE BROUGHT FOR AMICABLE SETTLEMENT BEFORE THE LUPON.

• WHAT TYPE OF RESIDENCE IS REQUIRED FOR PURPOSES OF DETERMINING THE PROPER VENUE?
A. PD 1508 REQUIRES THAT DISPUTANTS MUST BE MEMBERS OF THE BARANGAYS WHO ARE ACTUALLY
RESIDING THEREIN. RESIDENCE ALONE, WITHOUT MEMBERSHIP, IN SAID BARANGAYS WOULD NOT BE AN
ACCURATE AND RELIABLE CRITERION.
B. MERE MEMBERSHIP IN A BARANGAY, WITHOUT ACTUAL RESIDENCE THEREIN, SHOULD NOT SUFFICE
SINCE ABSENTEE MEMBERSHIP WOULD NOT SUB SERVE THE AVOWED PURPOSE OF PD 1508 FOR LACK OF
COMMON BOND AND SENSE OF BELONGINGNESS TO A PARTICULAR IDENTIFIED GROUP (SPOUSES BEJER VS.
CA AND SPOUSES SAMAR, G.R. NO. 79404, JAN. 27, 1989).
TO WHOM SHOULD THE REQUIREMENT OF ACTUAL
RESIDENCE AND MEMBERSHIP APPLY?

• THE STATUTORY REQUIREMENT OF ACTUAL RESIDENCY AND MEMBERSHIP IN THE BARANGAY IS

APPLICABLE TO THE REAL PARTY IN INTEREST, NOT TO THE ATTORNEY-IN-FACT.

• WHERE PARTIES ARE NOT ACTUAL RESIDENTS IN THE SAME CITY OR MUNICIPALITY OR ADJOINING
BARANGAYS, THERE IS NO REQUIREMENT FOR THEM TO SUBMIT THEIR DISPUTE TO THE LUPON EVEN IF
BOTH OF THEIR ATTORNEYS-IN-FACT ARE ACTUAL RESIDENTS OF THE SAME BARANGAY (PASCUAL VS.
PASCUAL, G.R. NO. 157830, NOV. 17, 2005).
THE PARTIES RESIDE IN BARANGAYS OF DIFFERENT CITIES OR MUNICIPALITIES BUT THE REAL PROPERTY SUBJECT MATTER OF THE CASE IS LOCATED
IN ONE AND THE SAME BARANGAY, FOR EXAMPLE, BARANGAY TOBUAN, SUAL, PANGASINAN. DOES
THE LUPON OF BARANGAY TOBUAN HAVE JURISDICTION OR AUTHORITY OVER THE DISPUTE?

• LUPON HAS NO AUTHORITY OVER THE CASE. THE LUPON SHALL HAVE NO JURISDICTION OVER DISPUTES
WHERE THE PARTIES ARE NOT ACTUAL RESIDENTS OF THE SAME CITY OR MUNICIPALITY, EXCEPT WHERE
THE BARANGAYS IN WHICH THEY ACTUALLY RESIDE ADJOIN EACH OTHER.

• IN SUCH A SITUATION, WHERE THE LUPON IS WITHOUT JURISDICTION OF THE CONTROVERSY BECAUSE
THE PARTIES ARE NOT ACTUAL RESIDENTS OF THE SAME CITY OR MUNICIPALITY OR OF ADJOINING
BARANGAYS, THE NATURE OF THE CONTROVERSY IS OF NO MOMENT- WHETHER OR NOT AFFECTING REAL
PROPERTY OR INTEREST THEREIN, LOCATED IN THE SAME CITY OR MUNICIPALITY (AGBAYANI, ET.AL. VS.
JUDGE BELEN, G.R. NO. L-65629, NOV. 24, 1986).
HOW IS THE ENTIRE PROCESS IN KATARUNGANG PAMBARANGAY DONE?

ASSUMING THE PARTIES ARE ABLE TO REACH AN AMICABLE SETTLEMENT OF THEIR DISPUTE, THE
KATARUNGANG PAMBARANGAY GENERALLY FOLLOWS THE FOLLOWING THE PROCESS:
A. COMPLIANT
B. MEDIATION BEFORE THE LUPON CHAIRMAN
C. CONCILIATION THROUGH THE PANGKAT
IF SETTLEMENT WAS REACHED EITHER THROUGH B & C THEN PROCEED TO D
D. EXECUTION
WHO MAY INITIATE PROCEEDING? HOW IS THIS DONE?

• ANY PERSON WHO HAS CAUSE OF ACTION AGAINST ANOTHER INVOLVING ANY MATTER WITHIN THE
AUTHORITY OF THE LUPON MAY COMPLAIN, ORALLY OR IN WRITING, TO THE BARANGAY LUPON
CHAIRMAN UPON PAYMENT OF THE APPROPRIATE FILING FEE.
WHAT ARE THE METHODS OF ALTERNATIVE DISPUTE RESOLUTION (ADR) WHICH ARE
COMMONLY USED IN KATARUNGANG PAMBARANGAY?

• THE FOLLOWING ADR METHODS ARE COMMONLY USED:

(1) MEDIATION;
(2) CONCILIATION
(3) ARBITRATION
WHAT IS MEANT BY MEDIATION?

• THIS MEANS A VOLUNTARY PROCESS IN WHICH A MEDIATOR, SELECTED BY THE DISPUTING PARTIES,
FACILITATES COMMUNICATION AND NEGOTIATION, AND ASSISTS THE PARTIES IN REACHING A
VOLUNTARY AGREEMENT REGARDING A DISPUTE (SEC. 3(Q), RA NO. 9285).
WHAT DOES CONCILIATION MEAN?

• THIS IS A PROCESS IN WHICH AN IMPARTIAL PERSON ACTS AS AN INTERMEDIARY TO OPEN

COMMUNICATION BETWEEN PARTIES TO RESOLVE THEIR DISPUTE.
WHAT IS THE MEANING OF ARBITRATION?

• THIS IS 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 LAW, RESOLVE A DISPUTE BY RENDERING AN AWARD (SEC. 3[D], RA NO. 9285).
WHAT ARE THE TWO STAGES OF KATARUNGANG
PAMBARANGAY PROCESS?

THE TWO STAGES ARE:

(1) MEDIATION BEFORE THE LUPON CHAIRMAN
(2) CONCILIATION BEFORE THE PANGKAT.
WHAT ARE THE STEPS AND PRINCIPLES FOLLOWED IN THE MEDIATION BEFORE THE LUPON CHAIRMAN?

• UPON RECEIPT OF THE COMPLAINT, THE LUPON CHAIRMAN SHALL SUMMON THE RESPONDENT, WITH
NOTICE TO THE COMPLAINANT FOR THEM AND THEIR WITNESSES TO APPEAR BEFORE HIM FOR A
MEDIATION OF THEIR CONFLICTING INTERESTS WITHIN THE NEXT WORKING DAY.

• THE RESPONDENT MAY SUBMIT HIS ANSWER AND HE MAY INTERPOSE HIS COUNTER-CLAIM.
• HEARING IS DONE INFORMALLY.
• TECHNICAL RULES OF EVIDENCE ARE NOT RESORTED.
• SETTLEMENT MUST BE REDUCED INTO WRITING SIGNED BY THE COMPLAINANT AND RESPONDENT AND
ATTESTED BY THE BARANGAY CHAIRMAN

• IF THE MEDIATION EFFORTS OF THE LUPON CHAIRMAN FAIL WITHIN FIFTEEN (15) DAYS FROM THE FIRST
MEETING OF THE PARTIES BEFORE HIM, HE SHALL FORTHWITH SET A DATE FOR THE CONSTITUTION OF THE
PANGKAT.
IF THE DISPUTE IS NOT SETTLED BEFORE THE LUPON CHAIRMAN, WHAT WILL BE THE NEXT
STEP?

• THE DISPUTE SHALL BE REFERRED TO THE PANGKAT NG TAGAPAGSUNDO FOR CONCILIATION.

HOW WILL THE PANGKAT BE CONSTITUTED?
THE PANGKAT SHALL BE CONSTITUTED BY ALLOWING THE PARTIES TO CHOOSE FROM AMONG THE LUPON
MEMBERSHIP THE THREE MEMBERS OF THE PANGKAT. THEY SHALL ALSO CHOOSE A FOURTH PERSON AS ALTERNATE
MEMBER OF THE PANGKAT.
SHOULD THE PARTIES FAIL TO AGREE ON THE COMPOSITION OF THE PANGKAT, THEY SHALL, IN THE PRESENCE OF THE
BARANGAY CAPTAIN OR SECRETARY, MAKE THE SELECTION IN THE FOLLOWING MANNER:
A. IN CASE THERE IS MORE THAN ONE COMPLAINANT OR RESPONDENT TO THE DISPUTE, EACH SIDE SHALL CHOOSE
FROM AMONG THEMSELVES ONE WHO SHALL BE ITS REPRESENTATIVE TO THE SELECTION PROCESS;
B. EACH SIDE TO THE DISPUTE SHALL THEN DRAW BY LOT TO DETERMINE WHICH ONE OF THEM SHALL BE FIRST TO
STRIKE OUT A NAME FROM THE LIST OF LUPON MEMBERSHIP;
C.EACH SIDE SHALL THEREAFTER ALTERNATELY STRIKE OUT NAMES FROM SAID LIST UNTIL ONLY FOUR (4) SHALL
REMAIN;
D. THE BARANGAY CAPTAIN SHALL DRAW BY LOT FROM AMONG THE FOUR NAMES ONE WHO SHALL BE THE
ALTERNATE MEMBER OF THE PANGKAT.
WHEN SHALL THE PANGKAT CONVENE?

• THE PANGKAT SHALL CONVENE NOT LATER THAN THREE (3) DAYS FROM ITS CONSTITUTION, ON THE DAY
AND HOUR SET BY THE LUPON CHAIRMAN, TO HEAR BOTH PARTIES AND THEIR WITNESSES, SIMPLIFY
ISSUES, AND EXPLORE ALL POSSIBILITIES FOR AMICABLE SETTLEMENT.
WHAT SHALL THE PANGKAT DO DURING ITS MEETING
WITH THE PARTIES?

• THE PANGKAT SHALL MEET TO HEAR BOTH PARTIES, EXPLORE POSSIBILITIES FOR AMICABLE SETTLEMENT
WITHIN 15 DAYS WHICH CAN BE EXTENDED FOR AN OTHER 15 DAYS IN A MERITORIOUS CASE AND ISSUE
SUBPOENA OF WITNESSES WHENEVER NECESSARY.
ARE THESE CASES WHEN CONCILIATION BEFORE THE
PANGKAT IS DISPENSED WITH?

• THE CONVENING OF THE PANGKAT IS UNNECESSARY WHEN A PARTY FAILS TO APPEAR WITHOUT
JUSTIFIABLE REASON DURING THE BARANGAY CONCILIATION AND MEDIATION OR ARBITRATION. IN THIS
CASE, WHAT THE LUPON SHOULD DO IS TO ISSUE A CERTIFICATION TO FILE ACTION (ALINSUGAN VS.
CAGAMPANG, ET.AL., G.R. NO. L-69334, JULY 28, 1986).
WHAT ARE THE GROUNDS TO DISQUALIFY A PANGKAT
MEMBER?

• RELATIONSHIP;
• BIAS;
• INTEREST; OR
• ANY OTHER SIMILAR GROUNDS
WHO CAN MOVE TO DISQUALIFY A PANGKAT MEMBER?

• ANY PARTY TO THE CASE

HOW IS A MOTION TO DISQUALIFY A PANGKAT MEMBER
RESOLVED?

• BY AFFIRMATIVE VOTE OF THE MAJORITY OF THE PANGKAT WHOSE DECISION SHALL BE FINAL.
DOES THE LUPON AND PANGKAT HAVE THE POWER OF
CONTEMPT?
• BOTH THE LUPON AND PANGKAT DO NOT HAVE POWER TO DIRECTLY PUNISH THE PARTIES AND THEIR
WITNESSES FOR CONTEMPT.

• REASON: POWER OF CONTEMPT IS AN INHERENT ATTRIBUTE OF THE COURT.

• THE LUPON AND THE PANGKAT, HOWEVER, MAY FILE AN APPLICATION TO CITE ANY PARTY OR HIS
WITNESS, WHO WILFULLY AND DELIBERATELY FAILS OR REFUSES TO APPEAR WITHOUT JUSTIFIABLE
GROUND, DESPITE NOTICE, FOR INDIRECT CONTEMPT BEFORE THE COURT.
WHAT IS THE PUNISHMENT IF A PERSON IS CITED FOR
INDIRECT CONTEMPT?

• FINE NOT EXCEEDING P5,000.00 OR IMPRISONMENT NOT EXCEEDING ONE (1) MONTH, OR BOTH.
WHAT IS THE RULE WHEN IT COMES TO APPEARANCE OF
PARTIES BEFORE THE KP?

PARTIES MUST APPEAR IN PERSON WITHOUT THE ASSISTANCE OF COUNSEL OR REPRESENTATIVE, EXCEPT
FOR MINORS AND INCOMPETENTS WHO MAY BE ASSISTED BY THEIR NEXT-OF-KIN WHO ARE NOT LAWYERS.
RATIONALE:
A. TO ENABLE THE LUPON TO SECURE FIRST HAND AND
B. DIRECT INFORMATION ABOUT THE FACTS AND ISSUES.
C. THE PARTICIPATION OF LAWYERS WITH THEIR TENDENCY TO USE THEIR ANALYTICAL SKILLS AND LEGAL
KNOWLEDGE TEND TO PROLONG INSTEAD OF EXPEDITE SETTLEMENT OF THE CASE.
IF A PARTY DOES NOT APPEAR BEFORE THE LUPON, WHAT ARE THE CONSEQUENCES FOR HIS NON-
APPEARANCE?

ON THE PART OF THE COMPLAINANT:

A. COMPLAINT MAY BE DISMISSED.
B. DISMISSAL SHALL BAR THE COMPLAINANT FROM SEEKING JUDICIAL RECOURSE FOR THE SAME CAUSE OF ACTION AS
THAT DISMISSED.
ON THE PART OF THE RESPONDENT :
A. ANY COUNTERCLAIM ARISING FROM OR IS NECESSARILY
B. CONNECTED WITH THE COMPLAINANT’S ACTION, MAY BE DISMISSED.
C. DISMISSAL SHALL BAR THE RESPONDENT FROM FILING SUCH COUNTERCLAIM IN COURT.
D. NON-APPEARANCE SHALL LIKEWISE BE A SUFFICIENT BASIS FOR THE ISSUANCE OF A CERTIFICATION TO FILE ACTION.
E. WILLFUL FAILURE OR REFUSAL TO APPEAR MAY SUBJECT THE PARTY OR WITNESS TO PUNISHMENT FOR CONTEMPT.
WHAT PROCESSES ARE ACCORDED TO EITHER THE COMPLAIN- ANT OR RESPONDENT IF
HE FAILS TO APPEAR?

• A HEARING SHALL BE CONDUCTED SO THAT THE PARTY WHO FAILED TO ATTEND THE PREVIOUS HEARING
WILL BE REQUIRED TO GIVE AN EXPLANATION OF HIS ABSENCE AND OF WHY SANCTIONS ENUMERATED IN
THE FOREGOING PARAGRAPHS WILL NOT BE IMPOSED.
WHAT IS THE NATURE OF THE KATARUNGANG PAMBARANGAY PROCEEDINGS?

• KP PROCEEDINGS ARE PUBLIC AND INFORMAL.

• HOWEVER, THE LUPON CHAIRMAN OR THE PANGKAT CHAIRMAN, AS THE CASE MAY BE, MAY MOTU
PROPRIO OR UPON REQUEST OF A PARTY, EXCLUDE THE PUBLIC FROM THE PROCEEDINGS IN THE
INTEREST OF PRIVACY, DECENCY OR PUBLIC MORALS.
IF THE PARTIES AGREE TO AN AMICABLE SETTLEMENT OF THEIR DISPUTE, WHAT ARE THE FORMAL
REQUIREMENTS FOR THE AMICABLE SETTLEMENT?

• THE AMICABLE SETTLEMENT MUST BE:

• IN WRITING
• IN A LANGUAGE OR DIALECT KNOWN TO THE PARTIES
• SIGNED BY THEM, AND
• ATTESTED TO BY THE LUPON CHAIRMAN
ARE THERE CERTAIN ISSUES WHICH CANNOT BE THE SUBJECT MATTER OF A COMPROMISE
AGREEMENT?

YES. AS A RULE, THE PARTIES CAN AGREE ON WHATEVER CLAUSE, AGREEMENT OR STIPULATION PROVIDED IT IS NOT
CONTRARY TO LAW, MORALS, GOOD CUSTOMS, PUBLIC ORDER, AND PUBLIC POLICY. HENCE, THE FOLLOWING ISSUES
ARE NOT SUBJECT TO COMPROMISE:
A. CIVIL STATUS OF PERSONS
B. VALIDITY OF A MARRIAGE OR A LEGAL SEPARATION
C. ANY GROUND FOR LEGAL SEPARATION
D. FUTURE SUPPORT
E.  JURISDICTION OF COURTS
WHAT IS A CERTIFICATE TO FILE ACTION?

• THIS IS THE DOCUMENT ISSUED BY THE LUPON SECRETARY OR THE PANGKAT SECRETARY AND ATTESTED
BY THE PUNONG BARANGAY OR PANGKAT CHAIRMAN.
WHEN IS THE CERTIFICATE ISSUED?
THIS IS ISSUED WHEN:
A. NO SETTLEMENT WAS AGREED UPON BETWEEN THE DISPUTING PARTIES;
B. THERE IS SUCH A SETTLEMENT BUT LATER REPUDIATED BY THE COMPLAINANT BECAUSE HIS CONSENT TO
THE AGREEMENT WAS OBTAINED THROUGH FRAUD, VIOLENCE, INTIMIDATION;
C. WHEN THE RESPONDENT FAILED TO APPEAR OR REFUSED TO ATTEND A HEARING WITHOUT A VALID
REASON. THE ISSUANCE OF A CERTIFICATE TO FILE ACTION IS A MINISTERIAL DUTY.
WHAT ARE THE REQUIREMENTS BEFORE
CERTIFICATES TO FILE ACTION, TO BAR ACTION, OR TO
BAR COUNTER-CLAIM ARE ISSUED?

• A HEARING SHOULD BE SET AND CONDUCTED BY THE PUNONG BARANGAY OR PANGKAT CHAIRMAN TO
GIVE THE ABSENT PARTY AN OPPORTUNITY TO EXPLAIN THE REASONS FOR HIS ABSENCE.

• WHEN THE PUNONG BARANGAY DETERMINES THAT SUCH FAILURE TO ATTEND WAS INTENTIONAL AND
WITH NO GOOD REASON THEN HE SHALL DIRECT THE SECRETARY TO ISSUE THE APPLICABLE AND PROPER
CERTIFICATES.
IT HAS BEEN SAID THAT ANOTHER METHOD OF DISPUTE
RESOLUTION METHOD USED IN THE KATARUNGANG PAMBARANGAY
IS ARBITRATION, WHAT IS MEANT BY THAT?

• 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 THE LAW, RESOLVE A DISPUTE BY RENDERING AN AWARD (SEC. 3[D], RA
NO. 9285).
WHEN WILL ARBITRATION COME ABOUT?

• AT ANY STAGE OF THE PROCEEDINGS, THE PARTIES MAY, AGREE IN WRITING THAT THEY SHALL ABIDE BY
THE ARBITRATION AWARD OF THE LUPON CHAIRMAN OR THE PANGKAT. THE AGREEMENT TO ARBITRATE
MAY BE REPUDIATED WITHIN FIVE (5) DAYS FROM THE DATE THEREOF FOR THE SAME GROUNDS AND IN
ACCORDANCE WITH THE PROCEDURE HEREIN PRESCRIBED.
WHAT ARE THE STEPS THAT ARE USUALLY FOLLOWED IN
ARBITRATION?

A. THE ARBITER ORDERS THE SECRETARY TO CALL THE CASE;

B. THE SECRETARY IDENTIFIES AND ENTERS INTO RECORD ALL APPEARANCES FROM BOTH PARTIES;
C. THE ARBITER CALLS THE COMPLAINANT TO PRESENT HIS/ HER EVIDENCE. A PERSON WHO IS TO GIVE TESTIMONY BEFORE AN
ARBITRATION PROCEEDING SHALL BE SWORN TO AN OATH TO TELL THE TRUTH AND NOTHING BUT THE TRUTH.
D. WHEN A WITNESS IS NECESSARY, HE/SHE IS SUMMONED TO TESTIFY BEFORE THE PROCEEDING;
E. THE ARBITER CALLS THE RESPONDENT TO PRESENT HIS/ HER DEFENSE; PRESENT EVIDENCES AND WITNESSES; IN THE MANNER
AFFORDED TO THE COMPLAINANT;
F. AFTER THE PARTIES HAVE COMPLETED THEIR PRESENTATION, THE CASE IS CLOSED FOR RESOLUTION/DECISION. AT THIS
STAGE, THE ADJUDICATIVE TRIAL IS COMPLETED;
IN ARBITRATION, WHAT IS THE PERIOD OF TIME GIVEN TO ARBITRATORS TO HAND
DOWN THE DECISION OR AWARD?

• THE DECISION OR AWARD MUST BE HANDED DOWN TO THE PARTIES WITHIN FIFTEEN (15) DAYS BUT NOT
LATER THAN SIX (6) DAYS FROM THE DATE OF THE LAST HEARING. WITHIN FIVE (5) DAYS THEREAFTER,
THE SECRETARY SHALL FURNISH A COPY OF THE ARBITRATION AWARD TO THE PARTIES; KEEP A FILE AT
THE LUPON OFFICE AND FURNISH A COPY TO THE CITY/MUNICIPAL COURT.
IF A PARTY IS AGGRIEVED OF THE DECISION OR AWARD,
WHAT MUST HE DO?

• THE PARTIES ARE GIVEN TEN (10) DAYS TO NULLIFY THE DECISION. AFTER TEN (10) DAYS, THE DECISION
BE COMES FINAL AND EXECUTORY.
HOW IS AMICABLE SETTLEMENT OR ARBITRATION
AWARD OR DECISION EXECUTED?
• THERE ARE TWO TIERS IN THE EXECUTION PROCESS:
A. FIRST, EXECUTION IS DONE BY LUPON
B. EXECUTION BY THE APPROPRIATE CITY OR MUNICIPAL COURT.
EXECUTION BY THE LUPON MAY BE DONE WITHIN 6 MONTHS FROM THE DATE OF SETTLEMENT. AFTER THE
LAPSE OF 6 MONTHS FROM THE DATE OF SETTLEMENT, EXECUTION IS DONE BY ACTION IN THE APPROPRIATE
CITY OR MUNICIPAL COURT.
WHAT IS THE TIMELINE OF THE WHOLE EXECUTION
PROCESS?

• THE TIME LINE OF SIX MONTHS SHOULD BE COMPUTED FROM THE DATE OF SETTLEMENT.
• EXCEPTION: IF THE OBLIGATION TO BE ENFORCED IS DUE AND DEMANDABLE ON A DATE OTHER THAN THE
DATE OF THE SETTLEMENT, THE SIX-MONTH PERIOD SHOULD BE COUNTED FROM THE DATE THE
OBLIGATION BECOMES DUE AND DEMANDABLE (MA. THERESA VIDAL ET. AL. VS. MA. THERESA ESCUETA,
G.R. NO. 156228, DEC. 10, 2003).
WHAT ARE SOME EXAMPLES OF COUNTING THE SIX-
MONTH PERIOD?

1. A PROMISED TO SETTLE HIS DEBT ON THE DATE OF SIGNING THE AMICABLE SETTLEMENT. DATE OF
SETTLEMENT IS ON MAY 8, 2012. LAST DAY FOR EXECUTION BY THE LUPON IS ON NOVEMBER 8, 2012.
 2. A PROMISED TO SETTLE HIS DEBT ON THE JULY 1, 2012. DATE OF SETTLEMENT IS ON MAY 8, 2012. LAST
DAY FOR EXECUTION BY THE LUPON IS ON JANUARY 1, 2013.
WHAT IS THE PROCEDURE OF EXECUTION BY THE
LUPON?
• PARTY INTERESTED IN THE EXECUTION FILES A MOTION FOR EXECUTION WITH THE PUNONG BARANGAY.
• PUNONG BARANGAY CONDUCTS HEARING ON THE DATE ASSIGNED BY THE MOVANT. DATE SHALL NOT BE
LATER THAN FIVE (5) DAYS FROM THE FILING OF MOTION.

• 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.
WHAT ARE THE DIFFERENT MODES OF EXECUTION?

1. PAYMENT OF MONEY
THE ACTUAL EXECUTION MAY BE IN THE 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.
2. POSSESSION OF PROPERTY
A. IF THE PROPERTY IS LOCATED IN THE BARANGAY, THE PUNONG BARANGAY SHALL OUST FROM THE PROPERTY THE PERSON
AGAINST WHOM THE SETTLEMENT OR ARBITRATION AWARD IS RENDERED.
B.  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.
3. 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.
HOW IS EXECUTION BY COURT ACTION DONE?

• BY FILING A MOTION FOR THE ISSUANCE OF A WRIT OF EXECUTION BY THE PARTY.

WHAT IS THE POSSIBLE ACTION OF THE COURT ON THE
MOTION?

• THE COURT MAY GRANT IT BY ISSUING A WRIT OF EXECUTION AND ORDERING THE SHERIFF TO OBTAIN
COMPLIANCE OF JUDGMENT FROM THE OTHER PARTY.

• ISSUANCE OF WRIT IS MINISTERIAL DUTY OF THE COURT.

CAN AN AMICABLE SETTLEMENT OR ARBITRAL DECISION OR AWARD BE REPUDIATED?

• YES. ANY PARTY TO THE DISPUTE MAY, WITHIN TEN(10) DAYS FROM THE DATE OF SETTLEMENT,
REPUDIATE THE SAME BY FILING THE LUPON CHAIRMAN A STATEMENT TO THAT EFFECT SWORN TO
BEFORE HIM, WHERE THE CONSENT IS VITIATED BY FRAUD, VIOLENCE, OR INTIMIDATION. SUCH
REPUDIATION SHALL BE SUFFICIENT BASIS FOR THE ISSUANCE OF THE CERTIFICATION FOR FILING A
COMPLAINT.
- END -