Katarungang Pambarangay Implementing Rules and Regulations
The Katarungang Pambarangay Circular No. 1 establishes the implementing rules and regulations for the Katarungang Pambarangay system, as defined in the Local Government Code of 1991. This system facilitates amicable dispute resolution at the barangay level through mediation, conciliation, and arbitration, prioritizing a just, speedy, and inexpensive resolution process. The circular mandates the creation of the Lupong Tagapamayapa, a council composed of community members led by the Punong Barangay, to oversee and manage dispute settlements. The rules specify procedures for appointing Lupon members, handling complaints, and conducting hearings, while emphasizing that disputes involving individuals, rather than corporations, fall under its jurisdiction. Additionally, the system allows for the enforcement of settlements and awards through local trial courts if compliance is not achieved within specified time frames.
June 1, 1992
KATARUNGANG PAMBARANGAY CIRCULAR NO. 1
| TO | : | Chief State Prosecutor, Assistant Chief State Prosecutors, Regional State Prosecutors, State Prosecutors, Provincial and City Prosecutors and their Assistants |
| SUBJECT | : | Katarungang Pambarangay Implementing Rules and Regulations |
Attached herewith are copies of the Katarungang Pambarangay Rules implementing Chapter 7, Title One, Book III of Republic Act No. 7160, the Local Government Code of 1991, and the Katarungang Pambarangay Forms. SDATEc
All Provincial and City Prosecutors are directed to furnish, immediately upon receipt hereof, the mayors of the cities and municipalities within their respective jurisdictions with a copy of the aforesaid Rules and Forms, for dissemination to their respective barangays.
Regarding the date of effectivity of the Katarungang Pambarangay Rules under Section 7, Rule X thereof, please take note that the said Rules were published in the June 1, 1992 issue of the Official Gazette (Vol. 88, No. 22, pp. 3300-3315), which was officially released on June 2, 1992.
For immediate compliance. EADCHS
(SGD.) FRANKLIN M. DRILONSecretary
KATARUNGANG PAMBARANGAY IMPLEMENTING RULES AND REGULATIONS
Pursuant to Section 421 of Chapter 7, Title One, Book III of Republic Act No. 7160, otherwise known as the Local Government Code of 1991 approved on October 10, 1991, the following rules and regulations are hereby promulgated to implement the aforesaid Chapter, entitled "Katarungang Pambarangay", which provides for the amicable settlement of disputes at the barangay level, as a compulsory alternative to the formal adjudication of disputes. cd i
RULE I
General Provisions
SECTION 1. Title. — Sections 399 to 422, Chapter 7, Title One, Book III and Section 515, Title One, Book IV of Republic Act No. 7160 shall be known as the Katarungang Pambarangay Law and these implementing rules and regulations shall be known as the Katarungang Pambarangay Rules.
SECTION 2. Construction. — These Rules shall be liberally construed in order to promote their object of assisting disputants to obtain a just, speedy and inexpensive amicable settlement of disputes at the barangay level.
SECTION 3. Scope. — These Rules shall govern the establishment, administration and operation of the Lupong Tagapamayapa and the Pangkat ng Tagapagkasundo as well as the procedures in settling disputes among barangay members through mediation, conciliation and arbitration.
RULE II
Definition of Terms
The following terms shall have the following meanings:
(a) Lupong Tagapamayapa hereinafter referred to as Lupon, is the body organized in every barangay composed of the punong barangay as Chairman and not less than ten (10) nor more than twenty (20) members from which the members of every Pangkat shall be chosen.
(b) Pangkat ng Tagapagkasundo hereinafter referred to as Pangkat, is the conciliation panel constituted from the Lupon membership for every dispute brought before the Lupon and consisting of three (3) members chosen by agreement of the disputants, or if no such agreement is reached, drawn by lot by the Punong Barangay.
(c) Habeas Corpus Proceeding is a judicial proceeding for the purpose of releasing a person who is illegally deprived of liberty or restoring rightful custody to the person who has been deprived thereof.
(d) Preliminary injunction is a provisional remedy in the form of an order issued by a judge before whom the action is pending at any stage thereof prior to final judgment requiring a person to refrain from a particular act. It may also require the performance of a particular act, in which case it shall be known as preliminary mandatory injunction.
(e) Attachment is a provisional remedy in the form of an order issued by a judge before whom the proper action is pending by which the property of the adverse party is taken into legal custody, either at the commencement of the action or at any time thereafter before final judgment, as security for the satisfaction of a judgment obtained by the prevailing party.
(f) Support pendente lite is a provisional remedy in the form of an order issued by a judge before whom the proper action is pending, granting an allowance for sustenance, dwelling, clothing, education and medical attendance to the party/parties entitled thereto.
(g) Delivery of Personal Property (Replevin) is a provisional remedy in the form of an order issued by a judge before whom an action praying for the recovery of possession of personal property is pending, for the delivery of such property to the movant upon the filing by the latter of a bond to guarantee its return or to answer for damages.
(h) Arbitration is a process for the adjudication of disputes by which the parties agree to be bound by the decision of a third person or body in place of a regularly organized tribunal.
(i) Statute of Limitations is the law that bars the institution of an action against another after the lapse of the period prescribed therefor.
(j) Actual Residence is the place where a person actually lives.
(k) Venue is the place provided by law for filing an action or proceeding.
(l) Mediation and Conciliation are interchangeable terms indicating the process whereby disputants are persuaded by the Punong Barangay or Pangkat to amicably settle their disputes.
(m) A minor is a person below eighteen (18) years of age.
(n) The word "incompetent" includes persons suffering the penalty of civil interdiction or who are hospitalized lepers, prodigals, deaf and dumb who are unable to communicate, those who are of unsound mind, even though they have lucid intervals, and persons not being of unsound mind, but by reason of age, disease, weak mind, and other similar causes, cannot, without outside aid, take care of themselves and manage their property, becoming thereby an easy prey for deceit and exploitation.
(o) A next of kin is a relative or a responsible friend with whom the minor or incompetent lives.
RULE III
Powers and Duties
SECTION 1. Punong Barangay. — The Punong Barangay as Chairman of the Lupon, shall have and perform the following powers and duties:
a. Constitution of the Lupon —
(1) Determine within fifteen (15) days from the start of his term of office the actual number, not less than ten (10) days nor more than twenty (20), that will constitute the Lupon. In determining the actual number he shall take into consideration the barangay population and the volume of disputes previously brought for conciliation in his barangay;
(2) Prepare, within the period mentioned in the immediately preceding paragraph, a notice to constitute the Lupon, which shall include the names of proposed members who are residing or working in the barangay, not otherwise expressly disqualified by law and who have expressed their willingness to serve. The list of names shall be at least five [5] more than the actual number previously determined in accordance with the immediately preceding paragraph and it shall contain an invitation to the barangay members to endorse or oppose the proposed appointment of any person included in the list or to recommend other persons not included in the list, which endorsement, opposition, or recommendation shall be made within the period of posting. For this purpose, he shall determine their suitability to the task of conciliation by considering their integrity, impartiality, independence of mind, sense of fairness, reputation for probity and other relevant considerations;
(3) Post said notice to constitute the Lupon immediately upon its completion in three (3) conspicuous places within the barangay for a period of not less than three (3) weeks;
(4) Appoint not less than ten (10) nor more than twenty (20) suitable persons from the list of names contained in the notice, as Lupon members within ten (10) days from the last day of posting, after considering endorsements of or opposition to the proposed appointees and recommendations for the appointment of other persons not included in the list. He shall likewise appoint immediately a qualified person to any vacancy that may thereafter occur in the Lupon for any cause;
(5) Swear the appointees into office, sign their appointment papers and have them attested to by the Barangay Secretary;
(6) Post the list of appointed Lupon members in three (3) conspicuous places in the barangay for the entire duration of their term of office; and
(7) Withdraw the appointment of any Lupon member for justifiable cause with the concurrence of a majority of all Lupon members, as provided in Section 7 (c), Rule IV.
b. Mediation and Arbitration Functions —
(1) Receive all written complaints and put in writing all verbal complaints made by individuals personally before him against other individuals. He shall not receive complaints made by or against corporations, partnerships or other juridical entities. Immediately upon such receipt he shall notify the complainant of the date of initial hearing and shall, within the next working day, issue summons to the respondent/s to appear before him not later than five (5) days from date thereof for a mediation of their conflicting interests;
(2) Administer oaths in connection with any matter relating to all proceedings in the implementation of the Katarungang Pambarangay;
(3) Resolve all objections to venue raised during the mediation proceedings before him and certify that he resolved the matter or that no such objections was made;
(4) Mediate all disputes within his jurisdiction. Upon successful conclusion of his mediation efforts, he shall reduce to writing in a language or dialect known to the parties the terms of the settlement agreed upon by them, have them sign the same, and attest to its due execution.
(5) Arbitrate the dispute upon written agreement of the parties to abide by the arbitration award of the Lupon Chairman. He shall within ten (10) days from date of the agreement to arbitrate, conduct hearings and evaluate the evidence presented by the parties. He shall render the award in writing in a language or dialect known to the parties not earlier than the sixth day but not later than the fifteenth day following the date of the agreement to arbitrate.
c. Constitution of the Pangkat —
(1) There having been no agreement to arbitrate and mediation efforts having been unsuccessful, he shall on the last day of the mediation proceedings before him immediately proceed to constitute the Pangkat in accordance with the procedure herein provided;
(2) Should the parties fail to agree on the composition of the three-member Pangkat, he shall determine the Pangkat membership by drawing of lots from the list of Lupon members;
(3) If the Pangkat decides to disqualify any of its members, he shall fill the resulting vacancy also by drawing of lots should the parties fail to agree on the common choice;
(4) In case of vacancy in the Pangkat due to other causes, he shall in similar manner fill such vacancy should the parties fail to agree on a common choice; and
(5) Set the date and time for the initial hearing of the dispute by the Pangkat, which shall not be later than three (3) days from its constitution.
d. Other Powers and Duties —
(1) Set the date, time and place of, and preside over, the regular monthly meetings of the Lupon;
(2) Prepare the agenda for each meeting;
(3) See to it that the Lupon exercises administrative supervision over the various Pangkats and performs such powers, duties and functions as may be prescribed by law or ordinance;
(4) Where the mediation or arbitration was made by him, he shall attest the certification signed or issued by the Lupon Secretary; and
(5) Enforce by execution, on behalf of the Lupon, the amicable settlement or arbitration award in accordance with Rule VII hereof.
SECTION 2. Secretary of the Lupon. — The Barangay Secretary shall concurrently serve as the secretary of the Lupon and shall have the following duties and functions:
(a) Keep and maintain a record book of all complaints filed with the Punong Barangay numbered consecutively in the order in which they were received and enter therein the names of the parties, date and time filed, nature of the case, and disposition;
(b) Note the results of the mediation proceedings before the Punong Barangay and submit a final report thereon to the proper Municipal Trial Court/Municipal Circuit Trial Court/Municipal Trial Court in Cities/Metropolitan Trial Court hereinafter referred to as the local trial court;
(c) Record the willful failure or refusal of a witness to comply with a subpoena issued by the Punong Barangay;
(d) Record the willful failure or refusal of a party to comply with the summons issued by the Punong Barangay and issue a certification to bar action/counterclaim, as the case may be, pursuant to Section 8, Rule VI;
(e) Receive and keep records of proceedings submitted to him by the various Pangkats;
(f) 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;
(g) Transmit the arbitration award to the proper local trial court within five (5) days from the date thereof;
(h) Issue the certification required for filing an action or proceedings in court or any government office for adjudication. Such certification shall show that a confrontation of the parties has taken place and that a conciliation or settlement has been reached, but the same has been repudiated;
(i) Issue a certification for barring the complainant from filing a case or the respondent from filing a counterclaim in court in case of willful failure of the complainant or respondent, respectively, to appear as provided in Sec. 8, Rule VI hereof;
(j) Furnish copies of the settlement or arbitration award to all the parties and to the Punong Barangay; and
(k) Issue certified true copies of any public record in his custody that is not by law otherwise declared confidential.
SECTION 3. Pangkat Chairman. — The Chairman of the Pangkat shall be chosen by the majority vote of its three (3) members and shall have the following powers and duties:
(a) Preside over all hearings conducted by the Pangkat and administer oaths in connection with any matter relating to all proceedings in the implementation of the Katarungang Pambarangay;
(b) Issue summons for the personal appearance of parties and witnesses before the Pangkat;
(c) Attest to the authenticity and due execution of the settlement reached by the parties before the Pangkat;
(d) When the parties agree in writing to have the Pangkat arbitrate their dispute, preside over the arbitration hearings; and
(e) Attest the certification issued by the Pangkat Secretary for filing an action or proceedings in court or any government office for adjudication.
SECTION 4. Secretary of the Pangkat. — The Pangkat Secretary shall be chosen by the majority vote of its three (3) members from among themselves and shall perform the following duties and functions:
(a) Issue notices of hearing before the Pangkat and cause them to be served upon the parties and their witnesses;
(b) Keep minutes of the proceedings for conciliation and arbitration by the Pangkat and have them attested by the Pangkat Chairman;
(c) Note in the minutes the willful failure or refusal of a party to comply with the summons issued by the Pangkat Chairman;
(d) Immediately transmit to the Lupon Secretary all settlements agreed upon by the parties and arbitration awards rendered by the Pangkat;
(e) Submit copies of the aforesaid minutes to the Lupon Secretary and to the proper local trial court;
(f) Issue the certification required for filing an action or proceeding in court or any government office for adjudication. Such certification shall show that a confrontation of the parties took place but no conciliation or settlement has been reached; or that no such personal confrontation took place through no fault that can be attributed to the complainant;
(g) Issue a certification for barring the complainant from filing a case, or the respondent from filing a counterclaim in court in case of willful failure of the complainant or respondent, respectively, to appear as provided in Section 8, Rule VI, hereof.
RULE IV
Lupong Tagapamayapa
SECTION 1. Qualifications for Membership. — To qualify for appointment to the Lupon, a person must have his actual residence or place of work in the barangay and must possess personal characteristics that indicate his suitability for the task of conciliation of disputes. Such suitability may be indicated by his integrity, impartiality, independence of mind, sense of fairness, reputation for probity and other relevant considerations such as tact, patience, resourcefulness, flexibility and open-mindedness. Further, he must not be expressly disqualified by law from holding public office.
SECTION 2. Opposition to or Recommendation for Appointment. — Any person may register with the Punong Barangay his opposition to the appointment of any one included in the list of intended appointees on the ground that he is not qualified or suitable for membership in the Lupon. Endorsement of any proposed appointee or recommendation of other persons not included in the list may likewise be made.
SECTION 3. Appointment of Lupon Members. — After considering such opposition, endorsement or recommendation as may have been made within the period of posting the Punong Barangay shall, within ten (10) days after completion of the twenty-one (21) day period of posting of the notice to constitute the Lupon, issue the written appointments as members those whom he determines to be suitable therefor and have them attested by the barangay secretary.
SECTION 4. Term of Office. — Upon appointment, each Lupon member shall take his oath of office before the Punong Barangay. Lupon members shall hold office until a new Lupon is constituted on the third year following their appointment, unless the term of any of the Lupon members is sooner terminated by resignation, transfer of residence or place of work, or withdrawal of appointment by the Punong Barangay with the concurrence of the majority of all the members of the Lupon. A Lupon member who is appointed to fill a vacancy in the Lupon shall hold office only for the unexpired portion of the term.
Incumbent Lupon members shall hold office until a new Lupon is constituted by the Punong Barangay first elected after the promulgation of these Rules.
In barangays where the Lupon has not been constituted and in newly created barangays, the Lupon shall be constituted by the incumbent Punong Barangay not later than two (2) months from the date of effectivity of these Rules or from the date of assumption to office of the Punong Barangay in the case of newly created barangays. The term of office of the members of the said Lupon shall be co-terminous with the term of office of the Punong Barangay who appointed them.
SECTION 5. Vacancy. — Immediately upon learning of the death, transfer of residence or place of work of a Lupon member, or upon acceptance of his resignation or withdrawal of his appointment, the Punong Barangay shall appoint a suitable replacement who shall serve the unexpired portion of the term of office of the replaced member.
SECTION 6. Succession to or Substitution for Punong Barangay. — In the event the Punong Barangay ceases to hold office or is unable to perform his duties enumerated in Section 1 of this Rule, the said duties shall be performed by the officer succeeding the Punong Barangay pursuant to the rule on succession provided in Sections 44, 45 and 46, Chapter 2, Title II, Book I of the Local Government Code of 1991.
SECTION 7. Functions. —
(a) Administrative supervision. — The Lupon shall exercise administrative supervision over the various Pangkats by seeing to it that they have the necessary supplies and forms required for discharging their duties and that they perform their functions efficiently, effectively and fairly.
(b) Regular meeting. — The Lupon shall meet regularly once a month on a date set by the Lupon Chairman, to provide a forum for the exchange of ideas on matters relevant to the amicable settlement of disputes, and to enable the various conciliation panel members to share with one another their observations and experiences in effecting speedy resolution of disputes, as well as to discuss problems relating to the amicable settlement of disputes and devise solutions thereto by harnessing the resources provided by the Sangguniang Barangay and other local resources of the barangay.
(c) Withdrawal of appointment. — After proper notice and hearing, the Punong Barangay may, with the concurrence of a majority of all the Lupon members, withdraw the appointment of a member of the Lupon by reason of incapacity to discharge the duties of his office or unsuitability therefor.
(d) Execution of settlement or award. — The Lupon shall, through the Punong Barangay, enforce by execution the settlement or arbitration award in accordance with the provisions of Rule VII hereof.
(e) Other powers and duties. — The Lupon shall exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
SECTION 8. Character of Office. — The Lupon members, while in the performance of their official duties or on occasion thereof, shall be deemed as persons in authority as defined in the Revised Penal Code.
SECTION 9. Nature of Service. — The Lupon members shall serve without compensation, except as provided for in Section 393 of the Local Government Code of 1991 and without prejudice to incentives as provided for in Section 406 and in Book IV of the aforesaid Code. While in the performance of their duties, the Lupon members, whether in public or private employment, shall be deemed to be on official time, and shall not suffer from any diminution in compensation or allowance from said employment by reason thereof. cdt
RULE V
Pangkat ng Tagapagkasundo
SECTION 1. Constitution. — The parties to a dispute that has not been successfully settled by the Punong Barangay shall in his presence choose from among the Lupon membership three (3) persons who shall constitute the Pangkat that shall conciliate their differences.
Should the parties fail to agree on the Pangkat membership, the same shall be determined by lots drawn by the Lupon Chairman.
The three (3) regular members of the Pangkat, chosen by agreement or determined by lot, shall elect from among themselves their chairman and secretary.
SECTION 2. Vacancy. — Any vacancy in the Pangkat including the vacancy created by the disqualification of a member shall be filled by the parties to the dispute from among the other Lupon members. Should the parties fail to agree on a common choice, the vacancy shall be filled by lot to be drawn by the Lupon Chairman. cd i
SECTION 3. Function. — All disputes not successfully settled by the Punong Barangay shall as far as possible be settled by the Pangkat through conciliation or arbitration.
SECTION 4. Disqualification. — A party may move to disqualify any member of the Pangkat by reason of relationship, bias, interest or other similar grounds discovered after the constitution of the Pangkat. The Pangkat shall resolve the matter by majority vote. Its decision on this matter shall be final.
SECTION 5. Nature of the Service. — The Pangkat members shall serve without compensation, except as provided for in Section 393 of the Local Government Code of 1991 and without prejudice to incentives as provided for in Section 406 and in Book IV of the aforesaid Code. The Department of the Interior and Local Government shall provide for a system of granting economic or other incentives to the Pangkat members who adequately demonstrate the ability to judiciously and expeditiously resolve cases referred to them. While in the performance of their duties, the Pangkat members, whether in public or private employment, shall be deemed to be on official time, and shall not suffer from any diminution in compensation or allowance from said employment by reason thereof.
RULE VI
Amicable Settlement of Disputes
SECTION 1. Parties. — Only individuals shall be parties to these proceedings either as complainants or respondents. No complaint by or against corporations, partnerships or other juridical entities shall be filed, received or acted upon.
SECTION 2. Subject Matters for Settlement. — All disputes may be the subject of proceedings for amicable settlement under these rules except the following enumerated 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 relates to the performance of his official functions;
(c) Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one (1) year or a fine exceeding Five Thousand pesos (P5,000.00);
(d) Offenses where there is no private offended party;
(e) 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;
(f) Disputes 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; and
(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.
The foregoing exceptions notwithstanding, the court in which the non-criminal cases not falling within the authority of the Lupon under these Katarungang Pambarangay Law and Rules are filed may, at any time before trial, motu proprio refer the case to the Lupon concerned for amicable settlement. cd i
SECTION 3. Venue. — The place of settlement shall be subject to the following rules:
(a) Where the parties reside in the same barangay, the dispute shall be brought for settlement in said barangay;
(b) Where the parties reside in different barangays in the same city or municipality, the dispute shall be settled in the barangay where the respondent or any one of the respondents actually resides, at the choice of the complainant;
(c) Dispute involving real property shall be brought for settlement in the barangay where the real property or larger portion thereof is situated;
(d) Disputes 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 workplace or institution is located;
(e) Any objection relating to venue shall be raised before the Punong Barangay during the mediation proceedings before him. Failure to do so shall be deemed a waiver of such objections; and
(f) Any legal question which may confront the Punong Barangay in resolving objections to venue herein referred to may be submitted to the Secretary of Justice, or his duly designated representative, whose ruling thereon shall be binding.
SECTION 4. Commencement. — Proceedings for settlement shall be commenced by verbal or written complaint to the Punong Barangay on any matter not excepted under Section 2 of this Rule, in accordance with the Rules on Venue provided in the preceding section and upon payment of the filing fee in the amount of not less than Five (5) Pesos nor more than Twenty (20) Pesos. The Punong Barangay shall determine a schedule of fees, which shall not be changed during his term, taking into consideration the value of property or amount involved in the dispute, the financial capability of the complainant and other relevant considerations.
SECTION 5. Answer. — The respondent shall answer the complaint orally or in writing, by denying specifically the material averments of the complaint and/or alleging any lawful defense. He may also interpose a counterclaim against the complainant, a cross-claim against a co-respondent or a third-party complaint against one not yet a party to the proceedings.
SECTION 6. Personal appearance. — In all proceedings for amicable settlement, the parties must appear in person without the assistance of counsel or the intervention of anyone. Minors and incompetents, however, may be assisted by their next of kin who is not a lawyer.
SECTION 7. Hearings. —
(a) The Punong Barangay and the Pangkat shall proceed to hear the matter in dispute in an informal but orderly manner, without regard to technical rules of evidence, and as is best calculated to effect a fair settlement of the dispute and bring about a harmonious relationship of the parties.
(b) Proceedings before the Punong Barangay shall be recorded by the Lupon Secretary while those before the Pangkat shall be recorded by the Pangkat Secretary. The record shall note the date and time of hearing, appearance of parties, names of witnesses and substance of their testimonies, objections and resolutions, and such other matters as will be helpful to a full understanding of the case.
(c) All proceedings for settlement shall be open to the general public except that the Punong Barangay or the Pangkat, as the case may be, at the request of a party or upon his or its own initiative, may exclude the public in the interest of privacy, decency or public morals.
SECTION 8. Failure to Appear. —
a. Sanctions —
The complaint may be dismissed when complainant, after due notice, refuses or willfully fails to appear without justifiable reason on the date set for mediation, conciliation or arbitration. Such dismissal ordered by the Punong Barangay/Pangkat Chairman after giving the complainant an opportunity to explain his non-appearance shall be certified to by the Lupon or Pangkat Secretary as the case may be, and shall bar the complainant from seeking judicial recourse for the same cause of action as that dismissed.
Upon a similar failure of the respondent to appear, any counterclaim he has made that arises from or is necessarily connected with complainant's action, may be dismissed. Such dismissal, ordered by the Punong Barangay/Pangkat Chairman after giving the respondent an opportunity to explain his non-appearance shall be certified to by the Lupon or Pangkat Secretary, as the case may be, and shall bar the respondent from filing such counterclaim in court or any government office for adjudication.
Further, in all cases where the respondent fails to appear at the mediation proceedings before the Punong Barangay, it is mandatory for the latter to constitute the Pangkat pursuant to Section 1(c), Rule III hereof, but the respondent's refusal or willful failure to appear without justifiable reason before the Pangkat, as determined by the latter after notice and hearing, shall be a sufficient basis for the issuance of a certification for filing complainant's cause of action in court or with the proper government agency or office.
In addition, such willful failure or refusal to appear may subject the recalcitrant party or witness to punishment as for contempt of court, upon application filed by the Lupon Chairman, Pangkat Chairman or any of the contending parties with the local trial court.
b. Procedure —
1. Mediation Proceedings.
1.1 In case a party fails to appear for mediation, the Punong Barangay shall set a date for the absent party/ies to appear before him to explain the reason for his/their failure to appear at the hearing;
1.2 If the Punong Barangay finds after hearing that the failure or refusal of the complainant to appear is without justifiable reason, he shall (1) dismiss the complaint; (2) direct the issuance of and attest to the certification to bar the filing of the action in court or any government office; and (3) apply with the local trial court for punishment of the recalcitrant party as for indirect contempt of court; and
1.3 In case of similar willful failure or refusal of the respondent to appear for mediation before the Punong Barangay, the latter shall: (1) dismiss the respondent's counterclaim; (2) direct the issuance of and attest to the certification to bar the filing of respondent's counterclaim in court/government office; (3) apply with the local trial court for punishment of the recalcitrant party as for indirect contempt of court; and (4) set a date for the parties to appear before him for the constitution of the Pangkat.
2. Constitution of Pangkat.
2.1 In case the complainant refuses or willfully fails to appear for the constitution of the Pangkat, he shall be subject to the same sanctions imposable upon the recalcitrant complainant in paragraph 1.2 hereof;
2.2 If the respondent similarly refuses or fails to appear for the constitution of the Pangkat, the Punong Barangay shall act as provided in items (1), (2) and (3) of paragraph 1.3 hereof, and in addition, proceed to constitute the Pangkat by drawing of lots as provided in Section 1(c) (2), Rule III hereof; and
2.3 The Punong Barangay shall apply, in similar manner, for the punishment of a recalcitrant witness who willfully fails or refuses to appear, as for indirect contempt of court.
3. Conciliation Before the Pangkat.
3.1 In case a party fails to appear for conciliation, the Pangkat Chairman shall set a date for the absent party/ies to appear before him to explain the reason for his/their failure to appear at the hearing;
3.2 If he finds after hearing that the failure of the complainant to appear is without justifiable reason, he shall (1) dismiss the complaint; (2) direct the issuance of and attest to the certification to bar the filing of the action in court or any government office; and (3) apply with the local trial court for punishment of the recalcitrant party as for indirect contempt of court;
3.3 In case of similar willful failure or refusal of the respondent to appear for conciliation before the Pangkat, its Chairman, shall: (1) dismiss the respondent's counterclaim; (2) direct the issuance of and attest to the certification: (a) to bar the filing of respondent's counterclaim in court/government office; and (b) to file complainant's action in court/government office; and (3) apply with the local trial court for punishment of the recalcitrant party as for indirect contempt of court; and
3.4 The Pangkat Chairman shall apply, in similar manner, for the punishment of a witness who willfully fails or refuses to appear as for indirect contempt of court.
SECTION 9. Agreement for Arbitration. — The parties may, at any stage of the proceedings, agree in writing to have the matter in dispute decided by arbitration by either the Punong Barangay or the Pangkat. In such a case, arbitrational hearings shall follow the formal order of adjudicative trials.
The agreement for arbitration may be repudiated in accordance with the procedure provided in Section 12 of this Rule. cd i
SECTION 10. Time Limits. —
(a) The Punong Barangay shall exert all efforts to conciliate the parties within fifteen (15) days from their initial confrontation before him. Failing in this effort, he shall set a date for the constitution of the Pangkat in accordance with Rule V hereof.
(b) The Pangkat shall convene to conciliate the parties on the date, time and place set by the Punong Barangay but not later than three (3) days from its constitution. The Pangkat shall exert all efforts to conciliate the parties within fifteen (15) days from their initial confrontation, which may be extended in its discretion for another period not to exceed fifteen (15) more days, except in clearly meritorious cases.
(c) Where the parties have agreed to arbitrate, the Punong Barangay or the Pangkat, as the case may be, shall after hearing make the award not earlier than the sixth day but not later than the fifteenth day following the date of such agreement.
SECTION 11. Suspension of Prescriptive Period of Offenses and Cause of Action. — The prescriptive periods of offenses and causes of action under existing laws shall be interrupted upon filing of the complaint with the Punong Barangay. The running of the prescriptive periods shall resume upon receipt by the complainant of the certificate of repudiation or of the certification to file action issued by the Lupon or Pangkat Secretary: Provided, however, that such interruption shall not exceed sixty (60) days from the filing of the complaint with the Punong Barangay. After the expiration of the aforesaid period of sixty days, the filing of the case in court or government office for adjudication shall be subject to the provision of paragraph (b) (4) of Rule VIII of these Rules.
SECTION 12. Repudiation of Agreement for Arbitration. — Any aggrieved party to an agreement for arbitration may, within five (5) days from date thereof, repudiate the same by filing with the Punong Barangay or the Pangkat Chairman, as the case may be, a statement sworn to before either of them repudiating the agreement on the ground that his consent thereto was obtained and vitiated by fraud, violence or intimidation.
Failure to repudiate the arbitration agreement within the aforesaid time limit shall be deemed a waiver of the right to challenge on said grounds.
SECTION 13. Form of Settlement and Award. — All settlements, whether by mediation, conciliation or arbitration, shall be in writing, in a language or dialect known to the parties. Settlements by mediation or conciliation shall be signed by the parties and attested by the Punong Barangay or Pangkat Chairman, as the case may be, that such settlement was agreed upon by the parties freely and voluntarily, after a full understanding of its terms and an intelligent awareness of the legal consequences thereof.
The arbitration award shall be signed by the Punong Barangay or all the members of the Pangkat, as the case may be.
SECTION 14. Repudiation of Settlement. — Any party to the dispute may, within ten (10) days from the date of the settlement, repudiate the same by filing with the Punong Barangay 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 in court or any government office for adjudication.
Failure to repudiate the settlement within the aforesaid time limit shall be deemed a waiver of the right to challenge on said grounds.
SECTION 15. Effect of Settlement by Arbitration or Conciliation. — The amicable settlement and arbitration award shall have the force and effect of a final judgment of a court upon the expiration of ten (10) days from date of the settlement or date of receipt of the award, unless repudiation of the settlement has been made or a petition for nullification of the award has been filed before the local trial court.
However, this provision shall not apply to court cases referred to the lupon under the last paragraph of Section 2 of this Rule, in which case the compromise settlement agreed upon by the parties before the Lupon Chairman or the Pangkat Chairman shall be submitted to the court and upon approval thereof, have the force and effect of a judgment of said court. cdt
SECTION 16. Transmittal of Settlement and Award to Court. — Immediately upon signing, the Punong Barangay or the Pangkat Chairman, as the case may be, shall furnish copies of the settlement or award to the parties and send such settlement or award to the Lupon Secretary who shall transmit the same to the local city or municipal court within five (5) days from date of the award or, in the case of settlement, not earlier than the eleventh nor later than the fifteenth day from date of settlement. The amicable settlement reached in a case referred by the court to the Lupon pursuant to Section 2 of this Rule shall be transmitted to the said court within the same period provided in this Section for the transmittal of settlement to the local trial court.
RULE VII
Execution of Settlement or Award
SECTION 1. Execution of Settlement or Award. — Execution shall issue only upon the expiration of ten (10) days from date of settlement or receipt of award unless repudiation of the settlement has been made or a petition to nullify the award has been filed prior to the expiration of the said period.
SECTION 2. Modes of Execution. — The amicable settlement or arbitration award may be enforced by execution by the Lupon within six (6) months from date of the settlement or date of receipt of the award or from the date the obligation stipulated in the settlement or adjudged in the arbitration award becomes due and demandable. After the lapse of such time, the settlement or award may be enforced by the appropriate local trial court pursuant to the applicable provisions of the Rules of Court. An amicable settlement reached in a case referred by the Court having jurisdiction over the case to the Lupon shall be enforced by execution by the said court.
SECTION 3. Motion for Execution. — The disputant/s may file a motion with the Punong Barangay, copy furnished to the other disputant/s, for the execution of a final settlement or award which has not been complied with.
SECTION 4. Hearing. — On the day the motion for execution is filed, the Punong Barangay shall set the same for hearing on a date agreed to by the movant, which shall not be later than five (5) days from the date of the filing of the motion. The Punong Barangay shall give immediate notice of hearing to the other party.
During the hearing, the Punong Barangay shall ascertain the fact of non-compliance with the terms of the settlement or award. Upon such determination of non-compliance, the Punong Barangay shall strongly urge the party obliged to voluntarily comply with the settlement or award.
SECTION 5. Issuance, Form and Contents of the Notice of the Execution. — The Punong Barangay shall within five (5) days from the day of hearing, determine whether or not voluntary compliance can be secured. Upon the lapse of said five-day period, there being no voluntary compliance, he shall issue a notice of execution in the name of the Lupong Tagapamayapa. The said notice must intelligently refer to the settlement or award and the amount actually due thereunder if it be for money, or the terms thereof which must be complied with.
SECTION 6. Procedure for Execution. —
a. If the execution be for the payment of money, the party obliged is allowed a period of five (5) days to make a voluntary payment, failing which, the Punong Barangay shall take possession of sufficient personal property located in the barangay, of the party obliged to satisfy the settlement or award from the proceeds of the sale thereof with legal interest such sale to be conducted in accordance with the procedure herein provided. If sufficient personal property exists, the party obliged is allowed to point out which of them shall be taken possession of ahead of the others. If personal property is not sufficient to satisfy the settlement or award, the deficiency shall be satisfied in accordance with the applicable provisions of the Rules of Court.
b. If it be for the delivery or restitution of property located in the barangay, the Punong Barangay shall oust therefrom the person against whom the settlement or award is rendered and place the party entitled thereto in possession of such property.
c. If it be for the delivery or restitution of property located in another barangay of the same city or municipality, the Punong Barangay issuing the notice shall authorize the Punong Barangay of the barangay where the property is situated to take possession of the property and to act in accordance with paragraph (b) hereof.
d. If a settlement or award directs a party to execute a conveyance of land, or to deliver deeds or other documents, or to perform any other specific act, and the party fails to comply within the time specified, the Punong Barangay may direct the Lupon Secretary to perform the act at the cost of the disobedient party and the act when so done shall have like effects as if done by the party.
SECTION 7. Property Exempt from Execution. — Except as otherwise expressly provided by law, the following property, and no other, shall be exempt from execution:
(a) The debtor's family home constituted in accordance with the Family Code;
(b) Tools and implements necessarily used by him in his trade or employment;
(c) Two horses, or two cows, or two carabaos, or other beasts of burden, such as the debtor may select, and necessarily used by him in his ordinary occupation;
(d) His necessary clothing, and that of all his family;
(e) Household furniture and utensils necessary for housekeeping, and used for that purpose by the debtor;
(f) Provisions for individual or family use sufficient for four (4) months;
(g) The professional libraries of attorneys, judges, physicians, pharmacists, dentists, engineers, surveyors, clergymen, teachers and other professionals;
(h) One fishing boat, net, and other fishing paraphernalia of the party obliged who is a fisherman, by the lawful use of which he earns a livelihood;
(i) So much of the earnings of the party obliged for his personal services within the month preceding the levy as are necessary for the support of his family;
(j) Lettered gravestones;
(k) All moneys, benefits, privileges, or annuities accruing or in any manner growing out of any life insurance, provided the proceeds therefrom shall not exceed one hundred thousand pesos (P100,000.00);
(l) The right to receive legal support, or money or property obtained as such support, or any pension or gratuity from the government; and
(m) Copyrights and other properties especially exempted by law.
But no article or species of property mentioned in this section shall be exempt from execution issued upon a settlement or award for its price or for a mortgage thereon.
SECTION 8. Payment Before Sale. — At any time before the sale of property on execution, the party obliged may prevent the sale by paying the amount required by the order of execution.
SECTION 9. Procedure for Sale of Personal Property on Execution.
(a) Notice of sale. — Before the sale of property on execution under Section 6 (a) hereinabove, notice thereof must be given as follows:
(1) In case of perishable property, by posting immediately upon taking possession thereof of a written notice of the time and place of the sale in three (3) public places in the barangay where the sale is to take place, for not less than twenty-four (24) hours prior to the sale; and
(2) In case of other personal property, by posting immediately upon taking possession thereof a similar notice in three (3) public places in the barangay where the sale is to take place, for not less than five (5) nor more than ten (10) days.
(b) Manner of sale. — All sales of personal property under execution must be made at public auction, to the highest bidder, between the hours of eight in the morning and five in the afternoon at the place indicated in the notice. After sufficient property has been sold to satisfy the execution, no more shall be sold. The personal property must be sold within view of those attending the sale. The party obliged if present at the sale, may direct the order in which personal property shall be sold. Neither the Punong Barangay nor the Lupon Secretary nor any of the members of the Lupon concerned can become a purchaser, or be interested directly or indirectly in such sale.
(c) Disposition of proceeds of the sale. — The Punong Barangay shall pay to the prevailing party so much of the proceeds of the sale as will satisfy the settlement or award. Any excess in the proceeds over the settlement or award must be delivered to the party obliged.
When the prevailing party is the purchaser, he shall pay to the party obliged only such amount as exceeds the amount of the settlement/award.
SECTION 10. Conveyance to Purchaser of Personal Property. — When the purchaser of any personal property, capable of manual delivery, pays the purchase money, the Punong Barangay making the sale must deliver the property to the purchaser and, if desired, execute and deliver to him a certificate of sale. The sale conveys to the purchaser all the right which the party obliged had in such property on the day the execution was levied.
SECTION 11. Entry of Satisfaction of Settlement or Award by Barangay Secretary or Punong Barangay. — The satisfaction of a settlement or award shall be entered by the Punong Barangay or Barangay Secretary in his record upon the return by the Punong Barangay of an execution satisfied, or upon the filing of an admission of satisfaction of the settlement or award.
SECTION 12. Other Cases of Execution. — In all other cases not herein provided for, the applicable provisions of the Rules of Court shall apply.
RULE VIII
Pre-Condition for Formal Adjudication
Conciliation, Pre-condition for Filing of Complaint in Court or Government Office. —
(a) No individual may go directly to court or to any government office for adjudication of his dispute with another individual upon any matter falling within the authority of the Punong Barangay or Pangkat ng Tagapagkasundo to settle under these Rules, unless, after personal confrontation of the parties before them, earnest efforts to conciliate have failed to result in a settlement or such settlement has been effectively repudiated.
(b) Notwithstanding the foregoing rule, however, a complainant may institute proceedings directly in court or with the proper government office, in the following enumerated cases where urgent legal action is necessary to prevent injustice from being committed or further continued:
(1) In a criminal case where the accused was arrested without warrant and is under police custody or detention, the criminal complaint or information may directly be filed by the offended party, police or fiscal with the proper court;
(2) A person illegally deprived of his rightful custody over another or a person illegally deprived of his liberty or one acting in his behalf may directly file a petition for habeas corpus with the proper court to regain custody or secure the release of such person;
(3) Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property and support during the pendency of the action; and
(4) Where the action may otherwise no longer be filed in court because it may be barred by the Statute of Limitations.
Indigenous Cultural Communities
SECTION 1. Local System of Dispute Settlement. — In barangays where majority of the inhabitants are members of indigenous cultural communities as determined by the Provincial Office of the National Statistics Office, such community or communities shall register with the office of the city/municipal mayor the name/names of their recognized datus, tribal leaders, elders or similar leaders. The indigenous system of settling disputes as certified to by their respective councils of datus, tribal leaders, or elders or other similar leaders shall be recognized without prejudice to the applicable provisions of the Katarungang Pambarangay.
Disputes between members of the same indigenous cultural community shall be settled in accordance with the customs and traditions of that particular cultural community as provided in the immediately preceding paragraph. Where one or more of the parties to the aforesaid dispute belong to the minority, submission to the indigenous system of amicable settlement shall be mutually agreed upon by all the parties. In the absence of such agreement, the settlement procedures provided in these Rules shall apply.
SECTION 2. Attestation of Successful Settlement. — Where a dispute falling within the authority of the Lupon is successfully settled through the local indigenous system, the council of datus, tribal leaders or elders shall attest to the settlement and transmit the attested copy to the Punong Barangay of the place where the dispute should have been settled pursuant to Section 3, Rule VI hereof.
SECTION 3. Effect of Attested Settlement. — The said attested settlement, shall have the same force and effect as a settlement arrived at through the procedures herein provided upon the expiration of ten (10) days from the date the attested copy of the settlement is received by the Punong Barangay.
A party may repudiate the said settlement within the same period, on the same grounds and in accordance with the procedures provided in Section 14, Rule VI hereof.
SECTION 4. Failure of Settlement. — Where the parties fail to amicably settle their dispute through the local indigenous system, the datu or tribal leader or elder concerned shall issue a certification that settlement has failed and transmit the same to the Punong Barangay of the place of settlement determined in accordance with Section 3, Rule VI hereof.
The parties may mutually agree to submit themselves to the mediation and conciliation or arbitration procedures herein provided.
SECTION 5. Certificate to File Action. — Where there has been no settlement in accordance with the immediately preceding section, and upon request by the proper party, the Punong Barangay to whom the certificate of non-settlement is transmitted shall issue a certificate to file action in court/government office on the ground of failure of settlement.
SECTION 6. Records. — The Barangay Secretary shall keep a file of the attested settlements and the certificates of non-settlement transmitted to the Punong Barangay and transmit a copy of each of said settlements and certificates of non-settlement to the proper local trial court.
RULE X
Miscellaneous Provisions
SECTION 1. Legal Advice on Matters Involving Questions of Law. — The provincial, city legal officer or prosecutor or the municipal legal officer shall render legal advice on matters involving questions of law to the Punong Barangay or any Lupon or Pangkat member whenever necessary in the exercise of his functions in the administration of the Katarungang Pambarangay.
SECTION 2. Review. — The Punong Barangay or any Lupon or Pangkat member may seek a review by the Secretary of Justice of any legal advice rendered by the provincial or city prosecutor in accordance with Section 1 hereof. Any legal advice rendered by any of the officers mentioned in said section concerning the implementation of any of the provisions of these Rules may be elevated to the Secretary of Justice for review.
SECTION 3. Rules and Regulations. — The Secretary of Justice shall promulgate such additional or amendatory rules and regulations implementing the Katarungang Pambarangay Law, as need therefor arises.
SECTION 4. Administration of the Katarungang Pambarangay System. — The city or municipal mayor, as the case may be, shall see to the efficient and effective implementation and administration of the Katarungang Pambarangay. He shall insure the non-political and non-partisan character of such implementation and administration.
SECTION 5. Appropriations. — Such amount as may be necessary for the effective implementation of the Katarungang Pambarangay including the provision for honorarium for Pangkat members shall be provided for in the annual budget of the city or municipality concerned. For this purpose, the city or municipal mayor shall include the aforesaid amount in the executive budget which he shall submit to the sangguniang panlungsod or sangguniang bayan, as the case may be.
SECTION 6. Incentives. — The Department of Interior and Local Government shall provide for a system of granting economic or other incentives to the Lupon or Pangkat members who adequately demonstrate the ability to judiciously and expeditiously resolve cases referred to them.
SECTION 7. Effectivity. — These Rules shall take effect immediately after publication in a newspaper of general circulation or in the Official Gazette.
(SGD.) EDUARDO G. MONTENEGROActing Secretary of Justice
KP Form No. 1
Republic of the PhilippinesProvince of __________CITY/MUNICIPALITY OF ______________Barangay _________________
OFFICE OF THE PUNONG BARANGAY
_________, 19 ____
(Date)
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. | _________________ | 13. | _________________ |
| 2. | _________________ | 14. | _________________ |
| 3. | _________________ | 15. | _________________ |
| 4. | _________________ | 16. | _________________ |
| 5. | _________________ | 17. | _________________ |
| 6. | _________________ | 18. | _________________ |
| 7. | _________________ | 19. | _________________ |
| 8. | _________________ | 20. | _________________ |
| 9. | _________________ | 21. | _________________ |
| 10. | _________________ | 22. | _________________ |
| 11. | _________________ | 23. | _________________ |
| 12. | _________________ | 24. | _________________ |
| 25. | _________________ |
They have been chosen on the basis of their suitability for the task of conciliation considering their integrity, impartiality, independence of mind, sense of fairness and reputation for probity in view of their age, social standing in the community, tact, patience, resourcefulness, flexibility, open-mindedness and other relevant factors. The law provides that only those actually residing or working in the barangay who are not expressly disqualified by law are qualified to be appointed as Lupon members.
All persons are hereby enjoined to immediately inform me and of their opposition to or endorsement of any or all the proposed members or recommend to me other persons not included in the list but not later than the ________ day of _______, 19 ____ (the last day for posting this notice).
_________________Punong Barangay
| IMPORTANT: | This notice is required to be posted in three (3) conspicuous |
| places in the barangay for at least three (3) weeks. | |
| WARNING: | Tearing or defacing this notice shall be subject to punishment |
| according to law. |
KP Form No. 2
Republic of the PhilippinesProvince of __________CITY/MUNICIPALITY OF ______________Barangay _________________
OFFICE OF THE PUNONG BARANGAY
_________, 19 ____
(Date)
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
KP Form No. 3
Republic of the PhilippinesProvince of __________CITY/MUNICIPALITY OF ______________
Barangay _________________OFFICE OF THE PUNONG BARANGAY
_________, 19 ____
(Date)
NOTICE OF APPOINTMENT
_________________
_________________
_________________
Sir/Madam:
Please be informed that you have been appointed by the Punong Barangay as a MEMBER OF THE LUPONG TAGAPAMAYAPA, effective upon taking your oath of office, and until a new Lupon is constituted on the third year following your appointment. You may take your oath of office before the Punong Barangay on ________.
Very truly yours,
_________________
Barangay Secretary
KP Form No. 4
Republic of the PhilippinesProvince of __________CITY/MUNICIPALITY OF ______________
Barangay _________________OFFICE OF THE PUNONG BARANGAY
_________, 19 ____
(Date)
LIST OF APPOINTED LUPON MEMBERS
Listed hereunder are the duly appointed members of the Lupong Tagapamayapa in this Barangay who shall serve as such upon taking their oath of office and until a new Lupon is constituted on the third year following their appointment.
| 1. | _________________ | 11. | _________________ |
| 2. | _________________ | 12. | _________________ |
| 3. | _________________ | 13. | _________________ |
| 4. | _________________ | 14. | _________________ |
| 5. | _________________ | 15. | _________________ |
| 6. | _________________ | 16. | _________________ |
| 7. | _________________ | 17. | _________________ |
| 8. | _________________ | 18. | _________________ |
| 9. | _________________ | 19. | _________________ |
| 10. | _________________ | 20. | _________________ |
________________
Punong Barangay
ATTESTED:
____________________Barangay/Lupon Secretary
| IMPORTANT: | The list shall be posted in three (3) conspicuous places in the |
| barangay for the duration of the terms of office of those | |
| named above. | |
| WARNING: | Tearing or defacing this notice shall be subject to punishment |
| according to law. |
KP Form No. 5
Republic of the PhilippinesProvince of __________CITY/MUNICIPALITY OF ______________Barangay _________________
OFFICE OF THE PUNONG BARANGAY
OATH OF OFFICE
Pursuant to Chapter 7, Title One, Book II, Local Government Code of 1991 (Republic Act No. 7160), I _______________, being duly qualified and having been duly appointed MEMBER of the Lupong Tagapamayapa of this Barangay, do hereby solemnly swear (or affirm) that I will faithfully and conscientiously discharge to the best of my ability, my duties and functions as such member and as member of the Pangkat ng Tagapagkasundo in which I may be chosen to serve; that I will bear true faith and allegiance to the Republic of the Philippines; that I will support and defend its Constitution and obey the laws, legal orders and decrees promulgated by its duly constituted authorities; and that I voluntarily impose upon myself this obligation without any mental reservation or purpose of evasion.
SO HELP ME GOD. (In case of affirmation the last sentence will be omitted.)
_____________Member
SUBSCRIBED AND SWORN to (or AFFIRMED) before me this _____ day of __________, 19____.
__________________Punong Barangay
KP Form No. 6
Republic of the PhilippinesProvince of __________CITY/MUNICIPALITY OF ______________
Barangay _________________OFFICE OF THE LUPONG TAGAPAMAYAPA
_________, 19 ____
(Date)
WITHDRAWAL OF APPOINTMENT
TO: _______________
After due hearing and with the concurrence of a majority of all the Lupong Tagapamayapa members of this Barangay, your appointment as member thereof is hereby withdrawn effective upon receipt hereof, on the following ground/s:
| [ ] | incapacity to discharge the duties of your office as shown by |
| _______________________________ | |
| [ ] | unsuitability by reason of _______________________________ |
| (Check whichever is applicable and detail or specify the act/s or | |
| omission/s constituting the ground/s for withdrawal.) |
___________________________Punong Barangay/Lupon Chairman
| CONFORME (Signatures): | ||||
| 1. | _________________ | 7. | _________________ | |
| 2. | _________________ | 8. | _________________ | |
| 3. | _________________ | 9. | _________________ | |
| 4. | _________________ | 10. | _________________ | |
| 5. | _________________ | 11. | _________________ | |
| 6. | _________________ | |||
| Received this __________ day of _____________, 19____. |
__________________Signature
NOTE:
The members of the Lupon conforming to the withdrawal must personally affix their signatures or thumb marks on the pertinent spaces above. The withdrawal must be conformed to by more than one-half of the total number of members of the Lupon including the Punong Barangay and the member concerned.
KP Form No. 7
Republic of the PhilippinesProvince of __________CITY/MUNICIPALITY OF ______________Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
| ___________________ | Barangay Case No. ________________ |
| ___________________ | For: ____________________________ |
| Complainant/s | ________________________________ |
| ________________________________ | |
| — against — | |
| __________________ | |
| __________________ | |
| Respondent/s |
COMPLAINT
I/WE hereby complain against above named respondent/s for violating my/our rights and interests in the following manner:
________________________________________________________________________________________________________________
THEREFORE, I/WE pray that the following relief/s be granted to me/us in accordance with law and/or equity:
________________________________________________________________________________________________________________
Made this _______ day of ___________, 19____.
________________
Complainant/s
Received and filed this ________ day of __________, 19____.
___________________________Punong Barangay/Lupon Chairman
KP Form No. 8
Republic of the PhilippinesProvince of __________CITY/MUNICIPALITY OF ______________Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
NOTICE OF HEARING
(MEDIATION PROCEEDINGS)
TO: ________________
________________
Complainant/s
You are hereby required to appear before me on the ______ day of _______, 19___ at ________ o'clock in the morning/afternoon for the hearing of your complaint.
This ________ day of ____________, 19____.
____________________________
Punong Barangay/Lupon Chairman
Notified this ________ day of __________, 19____.
complainant/s
_______________
_______________
KP Form No. 9
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
| _ | Barangay Case No. ________________ |
| ___________________ | For: ____________________________ |
| Complainant/s | ________________________________ |
| ________________________________ | |
| — against — | |
| __________________ | |
| __________________ | |
| Respondent/s |
SUMMONS
TO: _____________________ _________________________
____________________ _________________________
Respondents
You are hereby summoned to appear before me in person, together with your witnesses, on the _______ day of _________, 19___ at ____________ o'clock in the morning/afternoon, then and there to answer to a complaint made before me, copy of which is attached hereto, for mediation/conciliation of your dispute with complainant/s.
You are hereby warned that if you refuse or willfully fail to appear in obedience to this summons, you may be barred from filing any counterclaim arising from said complaint.
FAIL NOT or else face punishment as for contempt of court.
This _______ day of ____________, 19___.
____________________________
Punong Barangay/Pangkat Chairman
OFFICER'S RETURN
I served this summons upon respondent ____________________________ on the ______ day of ______________, 19____, and upon respondent ___________________________ on the day of ________________, 19____, by:
(Write name/s of respondent/s before mode by which he/they was/were served.)
| Respondent/s | ||
| __________________________ | 1. | handing to him/them said summons in |
| person, or | ||
| __________________________ | 2. | handing to him/them said summons and |
| he/they refused to receive it, or | ||
| __________________________ | 3. | leaving said summons at his/their |
| dwelling with __________ (name) | ||
| a person of suitable age and discretion | ||
| residing therein, or | ||
| __________________________ | 4. | leaving said summons at his/their |
| office/place of business with | ||
| ________, ( name) a competent | ||
| person in charge thereof. |
_____________Officer
Received by Respondent/s representative/s:
___________________ __________________
Signature Date
___________________ __________________
Signature Date
KP Form No. 1
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE PUNONG BARANGAY
NOTICE FOR CONSTITUTION OF PANGKAT
TO: __________________ ____________________
__________________ ____________________
Complainant/s Respondent/s
You are hereby required to appear before me on the ______ day of _________, 19____, at ________ o'clock in the morning/afternoon for the constitution of the Pangkat ng Tagapagkasundo which shall conciliate your dispute. Should you fail to agree on the Pangkat membership or to appear on the aforesaid date for the constitution of the Pangkat, I shall determine the membership thereof by drawing lots.
This ________ day of ____________, 19_____.
____________________
Punong Barangay
Notified this _________ day of _________, 19_____.
TO: __________________ ____________________
_________________ ____________________
Complainant/s Respondent/s
KP Form No. 11
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
| _ | Barangay Case No. ________________ |
| ___________________ | For: ____________________________ |
| Complainant/s | ________________________________ |
| ________________________________ | |
| — against — | |
| __________________ | |
| __________________ | |
| Respondent/s |
NOTICE TO CHOSEN PANGKAT MEMBER
_________, 19 ____
(Date)
TO: ________________
Notice is hereby given that you have been chosen member of the Pangkat ng Tagapagkasundo amicably conciliate the dispute between the par in the above-entitled case.
____________________________
Punong Barangay/Lupon Secretary
Received this ________ day of __________, 19_____.
________________Pangkat Member
KP Form No. 12
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE PUNONG BARANGAY
TO: __________________ ____________________
_________________ ____________________
Complainant/s Respondent/s
NOTICE OF HEARING
(CONCILIATION PROCEEDINGS)
You are hereby required to appear before the Pangkat on the ________ day of _____________, 19____, at _________ o'clock for a hearing of the above-entitled case.
This ________ day of ___________, 19____.
___________________
Pangkat Chairman
Notified this _____ day of __________, 19____.
Complainant/s Respondent/s
___________________ __________________
___________________ __________________
KP Form No. 13
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
| ___________________ | Barangay Case No. ________________ |
| ___________________ | For: ____________________________ |
| Complainant/s | ________________________________ |
| ________________________________ | |
| — against — | |
| __________________ | |
| __________________ | |
| Respondent/s |
SUBPOENA
TO: _____________________ _________________________
____________________ _________________________
Witnesses
You are hereby commanded to appear before me on the ______ day of _________, 19___, at ___________ o'clock, then and there to testify in the hearing of the above-captioned case.
This ______ day of _________, 19____.
_______________________________
Punong Barangay/Pangkat Chairman
(Cross out whichever one is not applicable).
KP Form No. 14
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
| ___________________ | Barangay Case No. ________________ |
| ___________________ | For: ____________________________ |
| Complainant/s | ________________________________ |
| ________________________________ | |
| — against — | |
| __________________ | |
| __________________ | |
| Respondent/s |
AGREEMENT FOR ARBITRATION
We hereby agree to submit our dispute for arbitration to the Punong Barangay/Pangkat ng Tagapagkasundo (Please cross out whichever is not applicable) and bind ourselves to comply with the award that may be rendered thereon. We have made this agreement freely with a full understanding of its nature and consequences.
Entered into this _____ day of _________, 19____.
Complainant/s Respondent/s
___________________ __________________
___________________ __________________
ATTESTATION
I hereby certify that the foregoing Agreement for Arbitration was entered into by the parties freely and voluntarily, after I had explained to them the nature and the consequences of such agreement.
_______________________________
Punong Barangay/Pangkat Chairman
(Cross out whichever one is not applicable).
KP Form No. 15
Republic of the PhilippinesProvince of __________CITY/MUNICIPALITY OF ______________Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
| ___________________ | Barangay Case No. ________________ |
| ___________________ | For: ____________________________ |
| Complainant/s | ________________________________ |
| ________________________________ | |
| — against — | |
| __________________ | |
| __________________ | |
| Respondent/s |
ARBITRATION AWARD
After hearing the testimonies given and careful examination of the evidence presented in this case, award is hereby made as follows:
__________________________________________
__________________________________________
__________________________________________
Made this _____ day of _____________, 19____ at _______________.
_____________________________
Punong Barangay/Pangkat Chairman *
__________________
Member
_________________
Member
ATTESTED:
___________________________
Punong Barangay/Lupon Secretary **
* To be signed by either, whoever made the arbitration award.
** To be signed by the Punong Barangay if the award is made by the Pangkat Chairman, and by the Lupon Secretary if the award is made by the Punong Barangay.
KP Form No. 16
Republic of the Philippines
Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
| ___________________ | Barangay Case No. ________________ |
| ___________________ | For: ____________________________ |
| Complainant/s | ________________________________ |
| ________________________________ | |
| — against — | |
| __________________ | |
| __________________ | |
| Respondent/s |
AMICABLE SETTLEMENT
We, complainant/s and respondent/s in the above-captioned case, do hereby agree to settle our dispute as follows:
__________________________________________
__________________________________________
__________________________________________
and bind ourselves to comply honestly and faithfully with the above terms of settlement.
Entered into this ______ day of __________, 19_______.
Complainant/s Respondent/s
___________________ __________________
___________________ __________________
ATTESTATION
I hereby certify that the foregoing amicable settlement was entered into by the parties freely and voluntarily, after I had explained to them the nature and consequence of such settlement.
______________________________
Punong Barangay/Pangkat Chairman
KP Form No. 17
Republic of the PhilippinesProvince of __________CITY/MUNICIPALITY OF ______________Barangay _________________OFFICE OF THE LUPONG TAGAPAMAYAPA
| ___________________ | Barangay Case No. ________________ |
| ___________________ | For: ____________________________ |
| Complainant/s | ________________________________ |
| ________________________________ | |
| — against — | |
| __________________ | |
| __________________ | |
| Respondent/s |
REPUDIATION
I/WE hereby repudiate the settlement/agreement for arbitration on the ground that my/our consent was vitiated by:
(Check out whichever is applicable)
[ ] Fraud. (State details) _______________________________
________________________________________________
________________________________________________
[ ] Violence. (State details)______________________________
________________________________________________
________________________________________________
[ ] Intimidation. (State details) ___________________________
________________________________________________
________________________________________________
This ________ day of _____________, 19____.
Complainant/s Respondent/s
___________________ __________________
___________________ __________________
SUBSCRIBED AND SWORN TO before me this ________ day of __________, 19____ at _____________.
____________________________________
Punong Barangay/Pangkat Chairman/Member
Received and filed * this ______ day of ______________, 19_____.
____________________
Punong Barangay
* Failure to repudiate the settlement or the arbitration agreement within the time limits respectively set (ten [10] days from the date of settlement and five[5] days from the date of arbitration agreement) shall be deemed a waiver of the right to challenge on said grounds.
KP Form No. 18
Republic of the PhilippinesProvince of __________CITY/MUNICIPALITY OF ______________Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
| ___________________ | Barangay Case No. ________________ |
| ___________________ | For: ____________________________ |
| Complainant/s | ________________________________ |
| ________________________________ | |
| — against — | |
| __________________ | |
| __________________ | |
| Respondent/s |
NOTICE OF HEARING
(RE: FAILURE TO APPEAR)
TO: ________________
_______________
Complainant/s
You are hereby required to appear before me/the Pangkat on the ______ day of _________, 19____, at ________ o'clock in the morning/afternoon to explain why you failed to appear for mediation/conciliation scheduled on _____________, 19____ and why your complaint should not be dismissed, a certificate to bar the filing of your action on court/government office should not be issued, and contempt proceedings should not be initiated in court for willful failure or refusal to appear before the Punong Barangay/Pangkat ng Tagapagkasundo.
This ________ day of ___________, 19____.
_____________________________
Punong Barangay/Pangkat Chairman
(Cross out whichever is not applicable)
Notified this _________ day of ________, 19_____.
Complainant/s
__________________
__________________
Respondent/s
__________________
__________________
KP Form No. 19
Republic of the Philippines
Province of __________CITY/MUNICIPALITY OF ______________Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
| ___________________ | Barangay Case No. ________________ |
| ___________________ | For: ____________________________ |
| Complainant/s | ________________________________ |
| ________________________________ | |
| — against — | |
| __________________ | |
| __________________ | |
| Respondent/s |
NOTICE OF HEARING
(RE: FAILURE TO APPEAR)
TO: ________________
_______________
Respondent/s
You are hereby required to appear me/the Pangkat on the _______ day of ____________, 19____, at __________ o'clock in the morning/afternoon to explain why you failed to appear for mediation/conciliation scheduled on ____________, 19___ and why your counterclaim (if any) arising from the complaint should not be dismissed, a certificate to bar the filing of said counterclaim in court/government office should not be issued, and contempt proceedings should not be initiated in court for willful failure or refusal to appear before the Punong Barangay/Pangkat ng Tagapagkasundo.
This ________ day of _________, 19_____.
_____________________________Punong Barangay/Pangkat Chairman(Cross out whichever is not applicable)
Notified this ________ day of _____________, 19____.
Respondent/s: Complainant/s:
____________________ ______________________
____________________ ______________________
KP Form No. 20
Republic of the PhilippinesProvince of __________CITY/MUNICIPALITY OF ______________Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
| ___________________ | Barangay Case No. ________________ |
| ___________________ | For: ____________________________ |
| Complainant/s | ________________________________ |
| ________________________________ | |
| — against — | |
| __________________ | |
| __________________ | |
| Respondent/s |
CERTIFICATION TO FILE ACTION
This is to certify that:
1. There has been a personal confrontation between the parties before the Punong Barangay/Pangkat ng Tagapagkasundo;
2. A settlement was reached;
3. The settlement has been repudiated in a statement sworn to before the Punong Barangay by ______________ on ground of ______________; and
4. Therefore, the corresponding complaint for the dispute may now be filed in court/government office.
This _________ day of __________, 19____.
___________________
Lupon Secretary
Attested:
__________________
Lupon Chairman
KP Form No. 20-A
Republic of the PhilippinesProvince of __________CITY/MUNICIPALITY OF ______________Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
| ___________________ | Barangay Case No. ________________ |
| ___________________ | For: ____________________________ |
| Complainant/s | ________________________________ |
| ________________________________ | |
| — against — | |
| __________________ | |
| __________________ | |
| Respondent/s |
CERTIFICATION TO FILE ACTION
This is to certify that:
1. There has been a personal confrontation between the parties before the Punong Barangay but mediation failed;
2. The Pangkat ng Tagapagkasundo was constituted but the personal confrontation before the Pangkat likewise did not result into a settlement; and
3. Therefore, the corresponding complaint for the dispute may now be filed in court/government office.
This _________ day of _________, 19_____.
_________________
Pangkat Secretary
Attested by:
____________________
Pangkat Chairman
KP Form No. 20-B
Republic of the PhilippinesProvince of __________CITY/MUNICIPALITY OF ______________Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
| ___________________ | Barangay Case No. ________________ |
| ___________________ | For: ____________________________ |
| Complainant/s | ________________________________ |
| ________________________________ | |
| — against — | |
| __________________ | |
| __________________ | |
| Respondent/s |
CERTIFICATION TO FILE ACTION
This is to certify that:
1. There was a personal confrontation between the parties before the Punong Barangay but mediation failed;
2. The Punong Barangay set the meeting of the parties for the constitution of the Pangkat;
3. The respondent willfully failed or refused to appear without justifiable reason at the conciliation proceedings before the Pangkat; and
4. Therefore, the corresponding complaint for the dispute may now be filed in court/government office.
_________________
Pangkat Secretary
Attested by:
___________________
Pangkat Chairman
KP Form No. 21
Republic of the PhilippinesProvince of __________CITY/MUNICIPALITY OF ______________Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
| ___________________ | Barangay Case No. ________________ |
| ___________________ | For: ____________________________ |
| Complainant/s | ________________________________ |
| ________________________________ | |
| — against — | |
| __________________ | |
| __________________ | |
| Respondent/s |
CERTIFICATION TO BAR ACTION
This is to certify that the above-captioned case was dismissed pursuant to the Order dated ______________, for complainant/s _______________ (name) and ______________ (name) willful failure or refusal to appear for hearing before the Punong Barangay/Pangkat ng Tagapagkasundo and therefore complainant/s is/are barred from filing an action in court/government office.
This ________ day of ______________, 19____.
_____________________________
Lupon Secretary/Pangkat Secretary
Attested:
________________________________
Lupon Chairman/Pangkat Chairman
IMPORTANT: If Lupon Secretary makes the certification, the Lupon Chairman attests. If the Pangkat Secretary makes the certification, the Pangkat Chairman attests.
KP Form No. 22
Republic of the PhilippinesProvince of __________CITY/MUNICIPALITY OF ______________Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
| ___________________ | Barangay Case No. ________________ |
| ___________________ | For: ____________________________ |
| Complainant/s | ________________________________ |
| ________________________________ | |
| — against — | |
| __________________ | |
| __________________ | |
| Respondent/s |
CERTIFICATION TO BAR COUNTERCLAIM
This is to certify that after prior notice and hearing, the respondent/s __________________ (name) and _________________ (name) have been found to have willfully failed or refused to appear without justifiable reason before the Punong Barangay/Pangkat ng Tagapagkasundo and therefore respondent/s is/are barred from filing his/their counterclaim (if any) arising from the complaint in court/government office.
This ____________ day of _________, 19___.
______________________________
Lupon Secretary/Pangkat Secretary
Attested:
____________________________
Lupon Chairman/Pangkat Chairman
IMPORTANT: If Lupon Secretary makes the certification, the Lupon Chairman attests. If the Pangkat Secretary makes the certification, the Pangkat Chairman attests.
KP Form No. 23
Republic of the PhilippinesProvince of __________CITY/MUNICIPALITY OF ______________Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
| ___________________ | Barangay Case No. ________________ |
| ___________________ | For: ____________________________ |
| Complainant/s | ________________________________ |
| ________________________________ | |
| — against — | |
| __________________ | |
| __________________ | |
| Respondent/s |
MOTION FOR EXECUTION
Complainant/s/Respondent/s state as follows:
1. On _____________ (Date) the parties in this case signed an amicable settlement/received the arbitration award rendered by the Lupon/Chairman/Pangkat ng Tagapagkasundo;
2. The period of ten (10) days from the above-stated date has expired without any of the parties filing a sworn statement of repudiation of the settlement before the Lupon Chairman a petition for nullification of the arbitration award in court; and
3. The amicable settlement/arbitration award is now final and executory.
WHEREFORE, Complainant/s/Respondent/s request that the corresponding writ of execution be issued by the Lupon Chairman in this case.
_______________
(Date)
________________________Complainant/s/Respondent/s
KP Form No. 24
Republic of the PhilippinesProvince of __________CITY/MUNICIPALITY OF ______________Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
| ___________________ | Barangay Case No. ________________ |
| ___________________ | For: ____________________________ |
| Complainant/s | ________________________________ |
| ________________________________ | |
| — against — | |
| __________________ | |
| __________________ | |
| Respondent/s |
NOTICE OF HEARING
(RE: MOTION FOR EXECUTION)
TO: _____________________ ________________________
_____________________ ________________________
Complainant/s Respondent/s
You are hereby required to appear before me on _________ day of _________ 19____ at _________ o'clock in the morning/afternoon/evening for the hearing of the motion for execution, copy of which is attached hereto, filed by ____________ (Name of complainant/s/respondent/s)
________________ (Date)
___________________________
Punong Barangay/Lupon Chairman
Notified this ________ day of ___________, 19____.
_____________________ ____________________ (Signature) (Signature) Complainant/s Respondent/s
KP Form No. 25
Republic of the PhilippinesProvince of __________CITY/MUNICIPALITY OF ______________Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA
| ___________________ | Barangay Case No. ________________ |
| ___________________ | For: ____________________________ |
| Complainant/s | ________________________________ |
| ________________________________ | |
| — against — | |
| __________________ | |
| __________________ | |
| Respondent/s |
NOTICE OF EXECUTION
WHEREAS, on ______________(date), an amicable settlement was signed by the parties in the above-entitled case [or an arbitration award was rendered by the Punong Barangay/Pangkat ng Tagapagkasundo];
WHEREAS, the terms and conditions of the settlement, the dispositive portion of the award. read:
________________________________________________________________________________________________________________________________________________
The said settlement/award is now final and executory;
WHEREAS, the party obliged ________________ (name) has not complied voluntarily with the aforestated amicable settlement/arbitration award, within the period of five (5) days from the date of hearing on the motion for execution;
NOW, THEREFORE, in behalf of the Lupong Tagapamayapa and by virtue of the powers vested in me and the Lupon by the Katarungang Pambarangay Law and Rules, I shall cause to be realized from the goods and personal property of __________________ (name of party obliged) the sum of _________________ (state amount of settlement or award) upon in the said amicable settlement [or adjudged in the said arbitration award], unless voluntary compliance of said settlement or award shall have been made upon receipt hereof.
Signed this _________ day of ___________, 19____.
___________________Punong Barangay
Copy finished:
____________________ ___________________
____________________ ___________________
Complainant/s Respondent/s
Published in the Official Gazette, Vol. 88 No. 22, Page 3300-3315 on June 1, 1992.