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REVISED KATARUNGANG

PAMBARANGAY LAW
Sections 399-422, Chapter 7 Title One, Book III
of RA No. 7160
ARBITRATION
Definition of Arbitration
• Another way of settling disputes
wherein the parties agree to be
bound by a decision of a third
person or body in place of a
regularly organized tribunal
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.
– Who can act as ARBITRATORS?
• PUNONG BARANGAY
• PANGKAT CHAIRPERSON
Is there a need to proceed with the case in
the Lupon if such circumstances are present?
• NO.
• Forward the case to court by issuing a
CERTIFICATE TO FILE ACTION
• IF THERE IS NO REPUDIATION?
– Proceeding to hear their case
– Set the case for hearing
– Parties to be officially notified of the
hearing through a NOTICE OF
HEARING and SUMMONS.
What if any of the parties fail to appear?
• Apply the same procedure in MEDIATION or
CONCILIATION for the unreasonable neglect
of the COMPLAINANT / RESPONDENT
• COMPLAINANT’s absence is unjustified and
willful
– Complaint is outrightly dismissed
– Barred from filing the action in court
• RESPONDENT’s absence is unjustified and
willful
– Issue a CERTIFICATE TO FILE ACTION and
CERTIFICATE TO BAR COUNTERCLAIM in
favor of the Complainant
If parties are Present, how does one
conduct the Arbitration?
• Conduct hearing in the manner of a court or
adjudicative trial
• Complainant and respondent will present their
respective case and submit all their necessary
evidence
• THE LUPON CHAIRPERSON / PANGKAT will then
issue a resolution based on the merits of the case,
testimony of the witnesses and the evidence
presented
• ARBITRATION AWARD
– Just like an amicable settlement put into writing
etc. attested to by the Lupon or the Pangkat
Chairperson
Time to render decision
• FIFTEEN DAYS but not earlier than SIX
DAYS from the date of last hearing to
evaluate and issue the ARBITRATION
AWARD
• Within FIVE DAYS, the 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 shall the Arbitration Award take
effect?

• Parties are given TEN DAYS to nullify


the decision
• After TEN DAYS, the decision
becomes final and executory
• HOW TO EXECUTE THE AWARD?
• In the same manner that
MEDIATION / CONCILIATION
Settlements are executed
Thank you

for attending this Session

and

Good Luck!

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