Promoting Peace Through

the Katarungang
P Pambarangay

(Understanding the Katarungang Pambarangay Law)

Presented by:
Atty. Maria Rhodora Ramos-Flores
Chief,Policy Compliance Monitoring Division
Bureau of Local Government Supervision
Department of the Interior and Local Government
May 19-20, 2015
BSA Twin Towers, Ortigas Center, Mandaluyong City
 TOPICS
DILG Mandate & Directional Thrusts
Overview of the Katarungang Pambarangay (Objectives,
Understanding Basic Concepts, Coverage & Venue)

Lupong Tagapamayapa
(Membership, Powers & Functions of the PB)
Pangkat Tagapagkasundo
KP Proceedings (Hearings, Summons)
Sanctions for Non-Appearance of Parties
Execution of Arbitration Award
 General Supervision
Section 25, LG Code of 1991of 1991

 Consistent with the basic policy on local autonomy,

the President shall exercise general supervision
over LGUs to ensure that their acts are within the
scope of their prescribed powers and functions.

 The President shall exercise supervisory authority

directly over provinces, HUCs, and ICCs; through
the province with respect to component cities and
municipalities; and through the city and
municipality with respect to Barangays
DILG MANDATE
Administrative Order No. 267, s. 1992

Exercise the delegated

power of General
Supervision over local
governments
Advise and Assist the Secretary

BLGS
MANDATE
 Dimensions of General Supervision
under the principle of good governance in a decentralized set-up
Societal Outcome

Self-
Sectoral Outcome Reliance,
Law and
Order and
Public
Sub-Sectoral Outcomes Safety
Environment-Protective,
Business-Friendly and Climate Change Adaptive Socially-Protective
Competitive LGUs and and Safe LGUs
Disaster Resilient LGUs

Organizational
Outcome Accountable, Transparent, Participative
and Effective Local Governance
Reinforcing
Multi-Sectoral

Agency

Multi-Sectoral
Partnership

Partnership
Commitments
Major Final LG Capacity Development and
Outputs Performance Oversight & Awards & Incentives

Internal Strengthened Internal

Governance Organizational Capacity
Outcome
KATARUNGANG
PAMBARANGAY
(KP)
WHAT IS BARANGAY JUSTICE OR
KATARUNGANG PAMBARANGAY (KP) ?
• THE Katarungang Pambarangay or Barangay Justice
System is a community-based dispute settlement
mechanism that is administered by the basic political unit of the country, the
barangay. (katarungang inililipat sa kaantasang pambarangay)

• As a community-based mechanism for dispute resolution, it covers disputes

between members of the same community (generally, same city/municipality)
and involves the Punong Barangay and other members of the communities (the
Lupon members) as intermediaries (mediators, conciliators, and, sometimes,
arbitrators). (sistema ng kasunduang pag-ayos sa mga alitan ng magkamag-
anak at magka-barangay sa kaantasang pambarangay na hindi na idudulog
sa hukuman)
Objectives (LAYUNIN NG KP)
K
Ultimate Objective of KP
K

“Amicable
Settlement”
Understanding Basic Concepts

• Lupong Tagapamayapa (Lupon) is a body organized in every

barangay composed of Punong Barangay as the chairperson and
not less than ten (10) nor more than twenty from which the
members of every Pangkat shall be chosen.

• Pangkat Tagapagkasundo (Pangkat) is a conciliation panel

constituted from the Lupon membership for every dispute brought
before the Lupon consisting of three (3) members after the Punong
Barangay has failed in his mediation efforts.
Understanding Basic Concepts
• Mediation is a process wherein the Lupon chairperson or
Barangay Chairperson assists the disputing parties to
reach a settlement by consensus that jointly satisfies their
needs.

• Conciliation is a process wherein the Pangkat

foregoes the power to decide or recommend but assist the
parties to isolate issues and options to reach a settlement
by consensus that jointly satisfies their needs.

• Arbitration is a process wherein the third party

from outside the judicial system is chosen by parties to
hear and decide their dispute.
Understanding Basic Concepts
• Complainant — plaintiff

• Respondent — defendant

• Jurisdiction is an authority to hear and decide a

case and given by law and cannot be agreed by the
parties.
•
• Venue is the place where the case is to be heard and
decided. This is not fixed by law except in criminal cases,
and can be agreed upon by the parties.
Coverage
(SAKLAW NG KP)
 Coverage (Saklaw ng KP)

The Lupon shall have authority to bring together the parties

actually residing in the same city or municipality for amicable
settlement of disputes.

(LAHAT ng hindi pagkakasundo ng mga panig na naninirahan sa

parehong bayan o lungsod)
Subject Matter Not For Amicable Settlement
(Mga Bagay na HINDI Sakop ng Pag-Aayos)
1. Where one party is the government, or any subdivisions or
instrumentality thereof;
(Ang isang panig ay ang pamahalaan o sangay o subdibisyon
nito;)

2. Where one party is a public officer or employee, and the

dispute relates to the performance of his official functions;

(Ang isang panig ay pinuno o kawaning pambayan, at ang

alitan ay may kinalaman sa pagganap ng kanyang opisyal na
tungkulin;)
Subject Matter Not For Amicable Settlement
(Mga Bagay na HINDI Sakop ng Pag-Aayos)

3. Offenses punishable by imprisonment exceeding one (1)

year or a fine exceeding five thousand pesos (PhP5,000.00);

(Mga pagkakasalang pinarurusahan ng pagkabilanggo na

mahigit sa isang taon o multa na mahigit sa Limang Libong
Piso (P5,000.00) – criminal cases;)
 Subject Matter Not For Amicable Settlement
(Mga Bagay na HINDI Sakop ng Pag-Aayos)

4. Offenses where there is no private offended party;

(Pagkakasalang walang napinsalang pribadong panig)

5. Where the dispute involves real properties located in different cities

or municipalities unless the parties thereto agree to submit their
differences to amicable settlement by an appropriate lupon;
(Kung ang alitan ay kinasasangkutan ng mga ari-ariang real na nasa
magkaibang lungsod o bayan, maliban kung ang panig doon ay
magkasundong iharap ang kanilang hidwaan sa mapayapang pag-aayos
sa isang angkop na lupon)
 Subject Matter Not For Amicable Settlement
(Mga Bagay na HINDI Sakop ng Pag-Aayos)

6. Dispute involving parties who actually reside 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;

7. Such other classes of dispute which the President may

determine, or upon the recommendation of the Secretary
of Justice.
Specific Cases Under the Revised Penal Code
Covered by KPL
UNLAWFUL USE OF MEANS OF PUBLICATION AND
UNLAWFUL UTTERANCES (ART. 154);
ALARMS AND SCANDALS (ART. 155);
USING FALSE CERTIFICATES (ART. 175);
USING FICTITIOUS NAMES AND CONCEALING TRUE NAMES
(ART. 178);
ILLEGAL USE OF UNIFORMS AND INSIGNIAS (ART. 179);
PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS
AFFRAY
(ART. 252);
GIVING ASSISTANCE TO CONSUMMATED SUICIDE (ART.
253);
RESPONSIBILITY OF PARTICIPANTS IN A DUEL IF ONLY
PHYSICAL INJURIES ARE INFLICTED OR NO PHYSICAL
INJURIES HAVE BEEN INFLICTED (ART. 260);
LESS SERIOUS PHYSICAL INJURIES (ART. 265);
SLIGHT PHYSICAL INJURIES AND MALTREATMENT (ART.
 Specific Cases Under the Revised Penal Code
Covered by KPL
UNLAWFUL ARREST (ART. 269);
INDUCING A MINOR TO ABANDON HIS/HER HOME (ART. 271);
ABANDONMENT OF A PERSON IN DANGER AND
ABANDONMENT OF ONE’S OWN VICTIM (ART. 275);
ABANDONING A MINOR (A CHILD UNDER SEVEN [7] YEARS
OLD) (ART. 276);
ABANDONMENT OF A MINOR BY PERONS ENTRUSTED WITH
HIS/HER CUSTODY; INDIFFERENCE OF PARENTS (ART. 277);
QUALIFIED TRESSPASS TO DWELLING (WITHOUT THE USE OF
VIOLENCE AND INTIMIDATION). (ART. 280);
OTHER FORMS OF TRESSPASS (ART. 281);
LIGHT THREATS (ART. 283);
OTHER LIGHT THREATS (ART.
285);
GRAVE COERCION (ART. 286);
LIGHT COERCION (ART. 287);
OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF MERCHANDISE AND
PAYMENT OF WAGES BY MEANS OF TOKENS). (ART. 288);
FORMATION, MAINTENANCE AND PROHIBITION OF COMBINATION OF CAPITAL OR
LABOR THROUGH VIOLENCE OR THREATS (ART. 289);
Specific Cases Under the Revised Penal Code
Covered by KPL
DISCOVERING SECRETS THROUGH SEIZURE AND
CORRESPONDENCE (ART. 290);
REVEALING SECRETS WITH ABUSE OF AUTHORITY (ART.291);
THEFT (IF THE VALUE OF THE PROPERTY STOLEN DOES NOT
EXCEED P50.00). (ART. 309);
QUALIFIED THEFT (IF THE AMOUNT DOES NOT EXCEED
P500). (ART. 310);
OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL
RIGHTS IN PROPERTY (ART 312);
ALTERING BOUNDARIES OR LANDMARKS (ART. 313);
SWINDLING OR ESTAFA (IF THE AMOUNT DOES NOT
EXCEED P200.00). (ART. 315);
OTHER FORMS OF SWINDLING (ART. 316);
SWINDLING A MINOR (ART. 317);
OTHER DECEITS (ART. 318);
Specific Cases Under the Revised Penal Code
Covered by KPL
DISCOVERING SECRETS THROUGH SEIZURE AND
CORRESPONDENCE (ART. 290);
REVEALING SECRETS WITH ABUSE OF AUTHORITY (ART.291);
THEFT (IF THE VALUE OF THE PROPERTY STOLEN DOES NOT
EXCEED P50.00). (ART. 309);
QUALIFIED THEFT (IF THE AMOUNT DOES NOT EXCEED
P500). (ART. 310);
OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL
RIGHTS IN PROPERTY (ART 312);
ALTERING BOUNDARIES OR LANDMARKS (ART. 313);
SWINDLING OR ESTAFA (IF THE AMOUNT DOES NOT
EXCEED P200.00). (ART. 315);
OTHER FORMS OF SWINDLING (ART. 316);
SWINDLING A MINOR (ART. 317);
OTHER DECEITS (ART. 318);
Specific Cases Under the Revised Penal Code
Covered by KPL
REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY
(ART. 319);
SPECIAL CASES OF MALICIOUS MISCHIEF (IF THE VALUE OF
THE DAMAGED PROPERTY DOES NOT EXCEED P1,000.00).
(ART 328);
OTHER MISCHIEFS (IF THE VALUE OF THE DAMAGED
PROPERTY DOES NOT EXCEED P1,000.00). (ART. 329);
SIMPLE SEDUCTION (ART. 338);
ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE
OFFENDED PARTY (ART 339);
THREATENING TO PUBLISH AND OFFER TO PREVENT SUCH
PUBLICATION FOR COMPENSATION (ART. 356);
PROHIBITING PUBLICATION OF ACTS REFERRED TO IN THE
COURSE OF OFFICIAL PROCEEDINGS (ART. 357);
INCRIMINATING INNOCENT PERSONS (ART. 363);
INTRIGUING AGAINST HONOR (ART. 364);
ISSUING CHECKS WITHOUT SUFFICIENT FUNDS (BP 22);
FENCING OF STOLEN PROPERTIES IF THE PROPERTY
INVOLVED IS NOT MORE THAN P50.00 (PD 1612).
VENUE
OF ACTION
 VENUE OF ACTION

- Where the parties reside in the same barangay, dispute

shall be brought in said barangay.

Kung ang mga panig ay naninirahan sa parehong barangay, ang

alitan ay dadalhin para sa pag-aayos sa nasabing barangay
 VENUE OF ACTION
- Where the parties reside in different barangays in the
same city or municipality, dispute shall be settled in
the brgy. where the respondent or any of the
respondents actually resides, at the choice of the
complainant.

Kung ang mga panig ay naninirahan sa magkaibang mga barangay

sa iisang lunsod o bayan, ang alitan ay aayusin sa barangay
kung saan ang ipinagsusumbong o sinuman sa
ipinagsusumbong ay aktuwal na naninirahan, sa pagpili ng
maysumbong
 VENUE OF ACTION

-Dispute involving real property shall be brought in the

barangay where the property or a larger portion thereof is
situated.

Kung ang alitan na kinasasangkutan ay ari-ariang di natitinag,

dadalhin para sa pag-aayos sa barangay kung saan ang ari-ariang
di natitinag o ang mas malaking bahagi nito ay naroroon;
 VENUE OF ACTION
-Those arising at the workplace where the contending
parties are employed or at the institution where such
parties are enrolled for study, shall be brought in the
barangay where such work place or institution is located.
- Ang mga alitan na nagmula sa lugar ng pinagtratrabahuhan kung
saan ang magkalabang panig ay naglilingkod o sa institusyon kung
saan ang mga panig ay nakatala at nag-aaral, ay dadalhin sa
barangay kung saan naroroon ang lugar ng pinagtratrabahuhan o
institusyong pinapasukan sa pag-aaral;
 LUPONG
TAGAPAMAYAPA
 LUPONG
TAGAPAMAYAPA
Sec.399(a) Local Government Code of 1991
 WHO ARE QUALIFIED TO BE MEMBERS OF THE LUPON?
(Sino ang maaaring maging kasapi ng Lupon?)
 HINDI MAAARING

maging kasapi ng Lupon ang mga

Kagawad

At Huwes/Hukom
 LUPONG
TAGAPAMAYAPA
POWERS AND DUTIES OF THE LUPON CHAIRMAN
(Mga Kapangyarihan ng Punong Barangay sa
ilalim ng KP)

Constitution of the Lupon

(Pagbubuo ng Lupon)

Mediation and Arbitration Functions

Constitution of the Pangkat

(Pagbubuo ng Pangkat)

Other Powers & Duties

(Iba pang mga kapangyarihan at mga tungkulin)
POWERS AND DUTIES OF THE LUPON CHAIRMAN
(Mga Kapangyarihan ng Punong Barangay sa
ilalim ng KP)

Constitution of the Lupon

(Pagbubuo ng Lupon)
 Constitution of the Lupon
(Paano binubuo ang Lupong
Tagapamayapa?)
 Constitution of the Lupon
(Paano binubuo ang Lupong
Tagapamayapa?)
 Constitution of the Lupon
(Paano binubuo ang Lupong
Tagapamayapa?)
 Constitution of the Lupon
(Paano binubuo ang Lupong
Tagapamayapa?)
 KP FORM # 1: NOTICE TO CONSTITUTE THE LUPON
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE PUNONG BARANGAY
______ , 20__
NOTICE TO CONSTITUTE THE LUPON

To All Barangay Members and All Other Persons Concerned:

In compliance with Section 1(a), Chapter 7, Title One, Book III, Local Government Code of 1991
(Republic Act No. 7160), of the Katarungang Pambarangay Law, notice is hereby given to
constitute the Lupong Tagapamayapa of this Barangay.

The persons I am considering for appointment are the following:

1. _________________
24. _________________
25. _________________
KP FORM # 1: NOTICE TO CONSTITUTE THE LUPON
 KP FORM # 2: APPOINTMENT LETTER
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________

OFFICE OF THE PUNONG BARANGAY

____ May__ , 2015_

APPOINTMENT
TO: ___________

Pursuant to Chapter 7, Title One, Book III, Local Government Code of 1991
(Republic Act No. 7160), you are hereby appointed MEMBER of the
Lupong Tagapamayapa of this Barangay effective upon taking your oath
of office and until a new Lupon is constituted on the third year following
your appointment.
_________________
Punong Barangay

ATTESTED:
________________
Barangay Secretary
 SIX STEPS TO CONSTITUTE THE LUPON
(Anim na Hakbang sa Pagbuo ng Lupon)
1: Determining the actual numbers of Lupon Members
(Pagtukoy sa bilang ng mga miyembro ng Lupon)
2: Preparing a notice to constitute the Lupon
(Paghahanda ng notisya sa pagbuo ng Lupon)
3: Posting the notice to constitute the Lupon
(Pagpapaskil sa tatlong (3) lantad na lugar ng notisya sa pagbuo ng Lupon)
4: Appointment of Lupon Members
(Paghirang sa mga karapat-dapat na miyembro ng Lupon)
5: Oath taking of Lupon members
(Panunumpa ng mga miyembro ng Lupon )
6: Posting
(Pagpapaskil ng mga pangalan ng mga miyembro ng Lupon)
 Powers and Duties of the Lupon Secretary

Keep and maintain a record book of all complaints filed

with the PB.
Note the results of the mediation proceedings and
submit a final report thereon to the proper court.

Receive and keep records of proceedings submitted to

him by the various Pangkats.
Transmit the settlement agreed upon by the parties to
the proper local trial court not earlier than the eleventh
nor later than the fifteenth day from the date of the
settlement.
Powers and Duties of the Lupon Secretary
POWERS AND DUTIES OF THE LUPON CHAIRMAN
(Mga Kapangyarihan ng Punong Barangay sa
ilalim ng KP)

Mediation and Arbitration Functions

 Mediation and Arbitration Functions
(Pamamagitan at Pagpapasya)
*PB shall:
Receive all written complaints and put in writing all verbal
complaints.
Tanggapin ang mga nakasulat na reklamo at isulat ang mga reklamong verbal.
Administer oaths.
Pangasiwaan ang pagpapanumpa sa mga partido at testigo.

Resolve all objections to venue.

Pasiyahan lahat ng pagtutol sa venue.

Mediate all disputes within his jurisdiction.

Mamagitan sa lahat ng mga reklamo na nakadulog sa Lupon.

Arbitrate the dispute upon written agreement of the parties.

Magbigay ng pasiya sa reklamo kapag ito ay may nakasulat na
pahintulot ng mga partido.
POWERS AND DUTIES OF THE LUPON CHAIRMAN
(Mga Kapangyarihan ng Punong Barangay sa
ilalim ng KP)

Constitution of the Pangkat

(Pagbubuo ng Pangkat)
 PANGKAT
TAGAPAGKASUNDO
PANGKAT TAGAPAGKASUNDO
PANGKAT TAGAPAGKASUNDO
PANGKAT TAGAPAGKASUNDO
PANGKAT TAGAPAGKASUNDO

-
POWERS AND DUTIES OF THE LUPON CHAIRMAN
(Mga Kapangyarihan ng Punong Barangay sa
ilalim ng KP)

Other Powers & Duties

(Iba pang mga kapangyarihan at mga
tungkulin)
Other Powers and Duties
 KP
PROCEEDINGS
2 Paraan ng Pag-Aayos ng
Alitan

AMICABLE
ARBITRATION
SETTLEMENT
 AMICABLE
SETTLEMENT

MEDIATION CONCILIATION
(Punong Barangay) (Pangkat Tagapagkasundo)

* Decisions are made by the parties

 ARBITRATION
*

* Decisions are made by the PB or Pangkat

 STEP 1.

• Reporting and filing of dispute to the Punong Barangay, done by the

complainant (Commencement)

• May be written or verbal complaint

•Lupon Secretary notes dispute details

•There is a filing fee (not more than P20)

 STEP 2.

• Lupon chair to prepare summon and notice within the next working day

• Barangay tanods to serve summon for the respondent and notice for the
complainant and his/her witnesses
 Sanctions on Failure to Appear
• Mediation Proceedings
1.In case a party fails to appear for M, the LC shall set a date for the absent
party to appear before him and explain the reason for his absence.
2.If the failure to appear by the C is unjustifiable, LC shall:
a. Dismiss the complaint.
b. Direct the issuance of and attest to the issuance of a
certification to bar action.
c. Apply for indirect contempt.
3.In case of similar failure to appear on the part of the respondent, the LC
shall:
a. Dismiss the respondent’s counterclaim.
b. Direct the issuance of and attest to the issuance of a
certification to bar the filing of respondent’s counterclaim.
c. Apply for indirect contempt.
d. Set a date for the parties to appear before him for the constitution of the
Pangkat.
 Sanctions on Failure to Appear
• Constitution of the Pangkat

• In case C fails to appear without valid reason, same

sanctions as in par. 2 of the foregoing slide.

• In case R fails to appear unjustifiably, apply the same

sanctions as in par. 3, a,b and c.

• Apply for indirect contempt for the recalcitrant witness.

 Sanctions on Failure to Appear
• Conciliation Before the Pangkat
• In case a party fails to appear for conciliation, the
PC shall set a date for the absent party to appear
before him to explain.
• If C’s failure to appear is unjustifiable, apply the
same sanctions as in par. 2 of the slide on mediation.
• If R’s failure to appear is unjustifiable, apply the
same sanctions as par.3, a,b and c of the same slide.
 CERTIFICATES

CERTIFICATE TO BAR ACTION

Prevents complainant to file same case to a court

CERTIFICATE TO FILE ACTION

Allows complainant to file same case to court
 STEP 3.

• The Punong Barangay mediates for 15 days

• Arbitration, upon agreement of the parties, may be done

 STEP 4.

• If
no resolution is reached within 15 days, Pangkat
Tagapagkasundo shall be constituted

•Parties to pick who will be the members of the Pangkat

•If no common set is chosen, draw lots shall be facilitated by the

Punong Barangay

• The chosen Pangkat will choose among themselves a chairman

and a secretary
 STEP 5.

• The Pangkat will convene both parties to a hearing

•Venue of hearing is within the barangay

•Notices and summons will be served

•First hearing is within 3 days of Pangkat formation

 STEP 6.

•Pangkat to arrive at a settlement or resolution of the dispute

within 15 days from day of 1st hearing

•May extend to another15 days

• Process can extend to more, if absolutely needed

 STEP 7.

• IF parties agreed to settle via:

• Arbitration – parties choose an arbitrator to come up with a

decision at any given point
-Decision is called an award

•Parties have 5 days to repudiate their desire to have arbitration

from the first initiative

•The Award must be given after the 5 day repudiation period and
within 10 days after it (15 days)
 STEP 7.

• IF parties agreed to settle via:

• Mediation or Concilliation
-Agreement is called Settlement

•Parties have 10 days from the date of settlement to

repudiate

Grounds for Repudiation: consent is vitiated by fraud,

violence or intimidation

Repudiation – formal denouncement; sworn affidavit

 ON REPUDIATION

• IFparties FAILED TO REPUDIATE, within the prescribed

period of time – deemed a waiver of the right to challenge the
agreement to arbitrate/settlement

•Special Remedy, in case of failure to repudiate agreement for

arbitration – file a petition for nullification of the award before the
local trial court within 10 days from receipt of the award

•WHY? – The settlement/award shall have the force and effect of

a final judgment of a court upon expiration of 10 days from date
of settlement or date of receipt of the award
 STEP 8.

EXECUTION
•Execution shall issue only upon expiration of 10 days from date of
settlement or receipt of award

•Amicable settlement or arbitration award maybe enforced by the

Lupon: within 6 months from settlement date or receipt of award or
date the obligation stipulated/adjudged becomes due and demandable

• If parties do NOT follow the settlement/award, after the lapse of 6

months, the city or municipal court where the barangay is located will
enforce the said result
 Execution
Modes of Execution
1. By motion
2. By petition in court
- If by motion, disputant files a motion with the PB, copy furnished the other
disputant.
- On the day motion is filed, PB sets the same for hearing on a date agreed to by
the movant which shall not be later than 5 days from the date of the filing of a
motion.
- During the hearing, PB shall ascertain the fact of non-compliance with the
settlement, and upon determination of non-compliance urge the party obliged
to comply.
- PB determines w/o not voluntary compliance can be secured w/in 5 days from
the day of hearing
- If still no compliance within the 5 day period, PB issue a notice of execution.
 • REPUBLIC OF THE PHILIPPINES
• National Capital Region
• BARANGAY DONA AURORA
• Quezon City

• OFFICE OF THE PUNONG BARANGAY

• DR. GLICERIO LOPEZ,

• Complainant,
•
• Brgy. Case No._____
• -versus- For: Sum of Money
• ATTY. ALFREDO CARGO, PRISCILA M.
• TOLOSA,
• Respondents.
• x---------------------------------------------v
• MOTION FOR EXECUTION

• COMPLAINANT, by counsel, unto this Honorable Office, most respectfully avers:

• 1. That, on September 29, 2011, an Amicable Settlement, copy of which is hereto attached as Annex “A”, was entered into and
signed by the parties in this controversy, the material contents thereof state:
• “WE, the complainant and the respondents in this Barangay Case, do hereby agree to settle our disputes as follows:
• a. To settle the amount of Php 180,000.00 on or before December 2011 as requested by complainant;
• b. Respondent promised to pay the complainant in the amount not less than Php 60, 000.00 within the period stated above;
• c. Payments will be directed to complainant thru Mr. Johannes M. Bayutas (Cash Payment)”;
• 2. That, the parties in this case most especially the respondent did not repudiate or cause the nullification of the settlement within the ten (10) day
period set by law and as a consequence thereof, the same has now the force of a final judgment that can be executed immediately;
• 3. That, the said Amicable Settlement being final and executory, it is now proper and imperative that a
Writ or Order of Execution be issued to implement the afore-said Amicable Settlement.

• WHEREFORE, it is most respectfully prayed of this Honorable Lupon/Office that a writ of execution
be issued to implement the Amicable Settlement in this case.
• Other relief and remedies consistent with law, justice and equity are likewise prayed for.
• Quezon City, March 7, 2012.

• ROMEO P. BENITEZ
• Counsel for Complainant
• Mezzanine, A.Francisco Gold II, EDSA cor
• Mapagmahal St., Diliman, Quezon City
• IBP No. 831182 , January 6, 2012, Quezon City
• PTR No. 4583661, January 6, 2012, Quezon City
• Roll No. 49586
• MCLE Compliance III No. 0019830, 18 January 2011
• Copy Furnished:
• Atty. Alfredo Cargo
•
 • NOTICE OF HEARING
• The Secretary of the Lupon
• Barangay Dona Aurora,
• Quezon City

• GREETINGS:
•
• Please submit the foregoing Motion for
Execution for the consideration and approval of this
Honorable Office within five (5) days from
submission as required under the Rules Implementing
the Katarungang Pambarangay Law, or as soon
thereafter as the same may be heard by this
Honorable Office.
 Procedure for Execution
• If the execution is for payment of money, PO is allowed to
make voluntary payment within 5 days. If he fails, PB shall
take possession of his sufficient personal property within
the barangay and sell them in public auction.
• If it be for delivery or restitution of property located in the
barangay, PB shall oust person in possession thereof and
place the party entitled thereto in possession of such
property.
• If property to be returned is in another barangay within
the same city or municipality, PB issuing the notice shall
give authority to the PB of the barangay where the
property is situated.
 Property Exempt from Execution
• Debtor’s family home
• Tools and implements used in trade or employment
• Two horses, cows or carabaos or other beasts of burden used in
ordinary occupation
• Clothing
• Household furniture and utensils
• Provisions for four months
• Professional libraries
• One fishing boat, net and other fishing paraphernalia
• Earnings for personal services
• Lettered gravestones
• Right to receive legal support
• Copyrights
 Procedure for Sale of Personal
Property on Execution
• Notice of Sale

a. Perishable Properties
- Post immediately after taking possession of the property a
written notice of the time and place of the sale in 3 public
places in the barangay for not less than 24 hours.

b. Other Personal Properties

- Same procedure except for the time of sale, 5 to 10
days
 Procedure for Sale of Personal
Property on Execution
• Manner of Sale
a. public auction
b. between 8 a.m. to 5 p.m.
c. property sold within view
d. party obliged may direct the order
e. LC, LS or LP cannot purchase

• Disposition of Proceeds of Sale - minus expenses, pay the

party-obligee, return excess to party-obligor
 STEP 9.

TRANSMITTAL

•The Secretary of the Lupon shall furnish the municipal/city court

the award or statement of amicable settlement within 5 days from
Theof the 10-day repudiation
date of award or from the lapse
period

•The Lupon chairman and parties shall also receive a copy of the
said document
 STEP 10.

• IF the case cannot be resolved by the KP proceedings, the

barangay will allow the complainant to file a case to the
appropriate Municipal or CityThe
court
 Complaint

Lupon Chair

MEDIATION

Settlement No Settlement

ARBITRATION
Constitution of
Pangkat

CONCILIATION Award

Settlement No Settlement

Certificate to File Action

 Proceedings are open to the public and is informal.
However, lupon or pangkat chairman may motu proprio or upon request of a party
exclude public from proceedings in the interest of privacy, decency, or public morals

, and

In all KP proceedings, parties must appear in person without assistance of counsel or

representatives EXCEPT for minors and incompetents who may be assisted by their
next-of-kin who are not lawyers.
As much as possible, it is hoped that most, if not all
qualified disputes do not have to reach the courts.
, and
 “Be quick to resolve conflicts before they mature
to become wars. The energetic crocodile was once
a delicate egg!” 
― Israelmore Ayivor, The Great
, and
Hand Book of Quotes
 Promoting Peace Through
the Katarungang Pambarangay
P

(Understanding the Katarungang Pambarangay Law)

Thank yo u!
Presented by:
Atty. Maria Rhodora Ramos-Flores
Chief,Policy Compliance Monitoring Division
Bureau of Local Government Supervision
Department of the Interior and Local Government
May 19-20, 2015
BSA Twin Towers, Ortigas Center, Mandaluyong City