THE

KATARUNGANG
PAMBARANGAY
LAW
LGOO VI JUN IAN A. SURIC, JD
MLGOO-Alicia, Bohol
KP PROCEDURE
Settlement Procedures

MEDIATION

CONCILIATION

ARBITRATION
MEDIATION
Complaint
 MEDIATION
Complaint

Check if it is a barangay dispute

Filing Fee

Notice of Hearing to Complainant

 MEDIATION
Complaint

Check if it is a barangay dispute

Filing Fee

Notice of Hearing to Complainant

Summons to Respondent
 MEDIATION
Complaint

Check if it is a barangay dispute

Filing Fee

Notice of Hearing to Complainant

FAILURE TO APPEAR (complainant)

• Dismiss the complaint
•Direct the issuance of Certification to Bar Action in
Court or government office
• Apply with the local trial court for Indirect
Contempt of Court
 MEDIATION
Complaint

Check if it is a barangay dispute

Filing Fee

Notice of Hearing to Complainant

Summons to Respondent

FAILURE TO APPEAR (respondent)

• Dismiss the counterclaim
• Direct the issuance of Certification to Bar the
Counterclaim
•Apply with the local court as for Indirect Contempt
of Court
• Constitute the Pangkat
 MEDIATION
Complaint

Check if it is a barangay dispute

Filing Fee

Notice of Hearing to Complainant

Summons to Respondent

FAILURE TO APPEAR (respondent)

Alinsungay vs. Cagampang, Jr. (G.R.No. L-69334, 7/28/1986)
• The willful refusal or failure to appear on the part of
respondent is sufficient basis for the complainant
present to be given a certification to file
action
 MEDIATION
Complaint

Check if it is a barangay dispute

Filing Fee

Notice of Hearing to Complainant

Summons to Respondent

Open to the public

Appearance in person

15 days

If successful- amicable settlement

 Amicable Settlement

In writing

Language/dialect known to the parties

Signed by both complainant & respondent

Attested to by the Lupon Chairman

Final and executory after 10 days from date of

settlement except if REPUDIATED by any party
 Repudiation

Sworn statement before the lupon chairman

Ground: consent was obtained/vitiated by

fraud, violence or intimidation (FVI)

Basis for the issuance of a Certification to File

Action in court or any government office
 MEDIATION
Complaint

Check if it is a barangay dispute

Filing Fee

Notice of Hearing to Complainant

Summons to Respondent

Open to the public

Appearance in person

15 days

If not successful- constitute the Pangkat ng

Tagapagkasundo
Constitution of the Pangkat
ng Tagapagkasundo
Set the date
Constitution of the Pangkat
ng Tagapagkasundo
Set the date

Failure to Appear

FAILURE TO APPEAR (complainant)

• Dismiss the complaint
•Direct the issuance of Certification to Bar Action in
Court or government office
• Apply with the local trial court for Indirect
Contempt of Court
Constitution of the Pangkat
ng Tagapagkasundo
Set the date

Failure to Appear

FAILURE TO APPEAR (respondent)

• Dismiss the counterclaim
• Direct the issuance of Certification to Bar the
Counterclaim
•Apply with the local court as for Indirect Contempt
of Court
• Constitute the Pangkat by drawing of lots
 Constitution of the Pangkat
ng Tagapagkasundo
Set the date

Failure to Appear

Once constituted, Lupon Chairman gives notice to chosen

pangkat members
 Constitution of the Pangkat
ng Tagapagkasundo
Set the date

Failure to Appear

Once constituted, Lupon Chairman gives notice to chosen

pangkat members

Pangkat elect the chairman and secretary

Sets the date for initial hearing

Not later than 3 days from constitution

 CONCILIATION
Notice of Hearing to complainant
 CONCILIATION
Notice of Hearing to complainant

Summons to Respondent
 CONCILIATION
Notice of Hearing to complainant

COMPLAINANT
• Dismiss the complaint
•Direct the issuance of Certification to Bar Action in
Court or government office
• Apply with the local trial court for Indirect
Contempt of Court
 CONCILIATION
Notice of Hearing to complainant

Summons to Respondent

RESPONDENT
• Dismiss the counterclaim
• Direct the issuance of Certification to Bar the
Counterclaim
•Apply with the local court as for Indirect Contempt
of Court
• Direct the Issuance of the Certification
to File Action
 CONCILIATION
Notice of Hearing to complainant

Summons to Respondent

Open to the Public

Appearance in Person

15 days

Extended for 15 days in meritorious cases

If successful- Amicable Settlement

 Amicable Settlement

In writing

Language/dialect known to the parties

Signed by both complainant & respondent

Attested to by the Lupon/Pangkat Chairman

Final and executory after 10 days from date of

settlement except if REPUDIATED by any party
 Repudiation

Sworn statement before the pangkat

chairman

Ground: consent was obtained/vitiated by

fraud, violence or intimidation

Basis for the issuance of a Certification to File

Action in court or any government office
 CONCILIATION
Notice of Hearing to complainant

Summons to Respondent

Open to the Public

Appearance in Person

15 days

Extended for 15 days in meritorious cases

If NOT successful- Certification to File Action

 ARBITRATION
During the mediation or conciliation stage

Written Agreement to Arbitrate

 ARBITRATION
During the mediation or conciliation stage

Written Agreement to Arbitrate

After 5 days, hearings begin

Evidence for the complainant

(with witnesses to support him)

Evidence for the respondent

(with witnesses to controvert the claim/ support him)
 ARBITRATION
During the mediation or conciliation stage

Written Agreement to Arbitrate

After 5 days, hearings begin

Evidence for the complainant

(with witnesses to support him)

Evidence for the respondent

(with witnesses to controvert the claim/ support him)

Evaluate the evidence and render an ARBITRATION

AWARD not more than 15 days from date of agreement to
arbitrate.
 Arbitration Award
In writing

Language/dialect known to the parties

Signed by the lupon chairman or all members of

the pangkat
Final and executory after 10 days from receipt of the
award
Within the 10 day period, any party may file before the
court a PETITION FOR NULLIFICATION OF THE AWARD
 Execution of Settlement/Award

• If settlement or arbitration award

is enforced w/in 6 months from
• Date of settlement, Date of
Lupon receipt of the award, Date the
obligation becomes due and
demandable

Appropriate
• After the lapse of the 6 month
municipal period
court
 Execution of Settlement/ Award

Filing of motion for execution

Within 5 days from Hearing

Ascertain non- Urge for voluntary
the date of the filing
of the motion compliance compliance (5 days)

Issuance of notice of execution

 Execution of Settlement/ Award

Filing of motion for execution

Within 5 days from Hearing Urge for voluntary

Ascertain non-
the date of the filing compliance
of the motion compliance
(5 days)

Issuance of notice of execution

 Execution of Settlement/ Award

Filing of motion for execution

Within 5 days from Hearing Urge for voluntary

Ascertain non-
the date of the filing compliance (5
of the motion compliance
days)

Issuance of notice of execution

Procedure of Execution

Payment of money
5 days for voluntary payment

If not, take possession of sufficient personal

property
• Located in the barangay
• Be of value sufficient to pay the obligation
• Chosen by the party obliged
 Procedure of Sale
• 3 public places ( indicating the time and
place)
Notice of sale • Not less than 24 hours prior to the sale
(perishable) 5-10 days other personal
property
• Public auction – highest bidder
Manner of sale • Disqualified to bid: PB, Lupon Sec., Lupon
members

Disposition of
proceeds • Payment

Conveyance to
purchaser • Certificate of sale

Entered in the
records • Barangay Secretary