ALTERNATIVE DISPUTE RESOLUTION - If the Barangay Captain cannot resolve it?

PANGKAT NG
- Relatively young in the Philippines TAGAPAGKASUNDO.
- Informal ADR
- Giving parties independence to resolve the dispute among CRIMINAL CASES THAT CAN BE BROUGHT TO THE LUPON:
themselves.
1. Crimes punished by 1 year and BELOW (Light Offenses);
RA 9285: Alternative Dispute Resolution Act of 2004 or fine of PHP 5,000.00 and BELOW.
- Approved: April 2004
- Institutionalizes the use of ADR to help resolve cases. 2. Crimes WITH VICTIMS.
- Office of the ADR: under the DOJ. o Victimless crimes – Drugs, Firearms Code,
Revised Forestry Code
LAW-MAKING POWER OF THE JUDICIARY:
- Criminal case is NEVER COMPROMISED.
ARTICLE VIII; Section 5 (5) of the 1987 Philippine Constitution
- Supreme Court is authorized to promulgate rules CRIMINAL ACTIONS AND CIVIL ACTIONS:
concerning: - Civil liability will be settled; criminal liability remains
1. The protection and enforcement of constitutional - ARTICLE 100, RPC: a person criminally liable is also
rights; civilly liable.
2. Pleading, practice, and procedure in all courts; - LUPON deals with CIVIL LIABILITY AND NOT
3. The admission to the practice of law; CRIMINAL LIABILITY
4. The integrated bar; and - If there is settlement in Lupon, the victim will no longer go
5. Legal assistance to the underprivileged. to court? NO.
- If parties settle in barangay, and the accused said that he is
- SC created the Rules of Court, includes civil procedure; willing to settle, ONLY CIVIL LIABILITY IS SETTLED.
criminal procedure; and special procedure.
ADR – Court Annex CIVIL CASES THAT CAN BE BROUGHT TO THE LUPON:
- ALL CASES.
COMPOSITION OF ALTERNATIVE DISPUTE RESOLUTON:
a. OADR - EXCEPTIONS:
b. ADR
o No conflict. The goal or mission of both is the same: 1. ONE OF THE PARTIES IS THE GOVERNMENT
To provide autonomy for parties to settle cases among
themselves. 2. ONE YOU ARE SUING IS A PUBLIC OFFICER OR
EMPLOYEE BY VIRTUE OF HIS OFFICIAL
HOW DO WE RESOLVE CONFLICTS IN THE PHILIPPIINES? FUNCTIONS.
- TRADITIONAL: COURT; (Plaintiff v. Defendant)
- ADR: Katarungang Pambarangay Law 3. VENUE: If parties in different municipalities / cities.
o If they reside in the same barangay? Bring it to their
CONFLICT RESOLUTION IN THE PHILIPPINES: barangay.
1. Courts o If they live in DIFFERENT BARANGAYS but same
2. Customs of the Indigenous Cultural Communities city or municipality? Bring it to any barangay at the
3. Barangay option of the complainant. (Either complainant or
4. Alternative Dispute Resolution Law respondent’s barangay.
o Usually: RESPONDENT’S BARANGAY: easier
KATARUNGANG PAMBARANGAY LAW: execution.
- Chapter 7, R.A. 7160: Local Government Code of 1991
- Complainant v. Defendant 4. DISPUTE CONCERNS REAL PROPERTY
- Upholds customs and traditions. o If the real property straddles across two adjoining
o If parties are part of Indigenous Cultural barangay? The barangay where a greater portion is
Communities, then they can do their conciliation situated.
and mediation using their customs and traditions. o Equal portion? Either barangay.
- Trying to settle disputes among neighbors or residents of
the same city or municipality. 5. COMPLAINT AGAINST A CORPORATION
- It used to be “P.D. 1508” before it was incorporated and o Why? Because only NATURAL PERSONS can
absorbed in the LGC. appear before the LUPON. Artificial persons cannot
appear before the LUPON
LUPON TAGAPAMAYAPA:
- To settle the peace 6. LAND REGISTRATION CASES
- Chair: Barangay Captain o Under the Torrens System
- Composed of 10 – 20 members o File Land Registration in Court; Do not go to Lupon
PANGKAT NG TAGAPAGKASUNDO:
- Conciliation Panel 7. ANNULMENT OF MARRIAGES
- Composed of 3 members from Lupon Tagapamayapa. o On legal separation or all those under the family code;
do not go to Lupon
RULE ON DISPUTES:
- Barangay Captain (Lupon Chairman, may resolve the 8. CASES INVOLVING SUCCESSION
dispute right away) o Last will and testament
o Never compromise on your legitime.
 o Attested by the Lupon Chair / Punong Barangay
9. CRIMINAL LAW: DETENTION PRISONER
o Valid warrantless arrests (in flagrante delicto, hot POSSIBILITY OF REPUDIATION OF AMICABLE
pursuit) SETTLEMENT:
o Hamper accused’s right to a speedy trial. o WITHIN 10 DAYS from settlement date, the
parties may repudiate by VITIATED CONSENT.
10. HABEAS CORPUS PROCEEDINGS
o To produce the body. III. IF THE BARANGAY CAPTAIN WAS NOT ABLE
TO RESOLVE THE DISPUTE, BARANGAY
11. CIVIL ACTION IS COUPLED WITH A PROVISIONAL CAPTAIN WILL CONSTITUTE THE PANGKAT
REMEDY. TAGAPAMAYAPA.
o Provisional Remedy: Temporary Restraining Order;
Attachment; Injunction - Can any of the parties object to pangkat members? YES.
o EXAMPLE: Sum of Money; you do not like to go to Remaining Pangkat will decide if tatanggalin?
Lupon because you heard that he will abscond. Hence,
you file SUM OF MONEY and PRELIMINARY PANGKAT TAGAPAMAYAPA:
ATTACHMENT. This will allow you to hold on to his o Summon parties
real/personal properties. It will be annotated even if he o Try to arrive at AMICABLE SETTLEMENT OR
sells it, it will follow. If he disappears, you go to court ARBITRATION AWARD.
and win, but he is no longer in the country. His o AMICABLE SETTLEMENT: Parties agreed
property that was attached will be levied and sold to
among themselves
the highest bidder at a
o ARBITRATION AWARD: Pangkat listens to
o Attachment of property: assurance that loan can be
both sides and then the pangkat will decide what
paid by reason of his property.
award will be given.
12. WHEN ACTION IS ABOUT TO PRESCRIBE, GO
ARBITRATION AWARD:
STRAIGHT TO THE COURT.
o Has force and effect as if judgment has been
rendered by the court.
DISPUTE HAPPENS IN THE WORKPLACE?
o Must ALWAYS be in writing
- Complainant and Respondent work in the same company
o In the language/dialect spoken by both parties.
but reside in different cities or municipalities? Go to the
LUPON WHERE THE WORKPLACE IS LOCATED / o Signed by both parties
SITUATED. o Attested by the Pangkat

CAN RESPONDENT OBEJCT TO THE VENUE? YES. POSSIBILITY OF REPUDIATION OF ARBITRATION

- HOW? WHEN? AWARD:
o FIRST MEETING IN THE BARANGAY, o WITHIN 5 DAYS upon receiving the Arbitration
Respondent can right away object to the venue by Award.
RAISING IT BEFORE THE PUNONG
BARANGAY. NO REPUDIATION OF ARBITRATION AWARD:
o Pangkat will issue Arbitration Award WITHIN
IF THERE IS NO OBJECTION? 10 DAYS from lapse of 5-day repudiation period.
The improper venue is deemed waived and the case can go on. AMICABLE SETTLEMENT AND ARBITRATION AWARD:
- If there is no repudiation from the date of settlement or
PROCEDURE: award: THE AMICABLE SETTLEMENT OR
ARBITRATION AWARD WILL HAVE THE SAME FORCE
I. COMPLAINANT GOES TO UPON AND FILES A AND EFFECT OF LAW AS IF IT WERE RENDERED BY
COMPLAINT. THE COURT.

- Written or oral IV. IMPLEMENTATION OF THE AMICABLE

- No need for formalities. SETTLEMENT OR ARBITRATION AWARD BY
II. IF BARANGAY CAPTAIN WAS ABLE TO THE LUPON.
RESOLVE THE DISPUTE
- The Lupon has 6 MONTHS to implement the Amicable
- The following day, the Barangay Captain will summon Settlement or the Arbitration Award from the time it
respondent and attach the complaint. became final. From the time of lapse of repudiation period.
- Barangay Captain will set date for hearing.
- Complainant and Respondent will be notified to appear IF PARTIES RESIDE IN DIFFERENT BARANGAY, WHICH
before Barangay Captain. BARANGAY WILL IMPLEMENT?
- Mediation between the Complainant and Respondent must - Respondent’s barangay.
be done WITHIN 15 DAYS from first hearing.
IF COMPLAINANT’S BARANGAY WILL IMPLEMENT:
AMICABLE SETTLEMENT: - The Complainant’s Barangay Lupon will have to
o Has force and effect as if judgment has been coordinate with Respondent’s Lupon.
rendered by the court. - If Complainant’s Barangay Lupon will implement, they
o Must ALWAYS be in writing will operating OUTSIDE THEIR AREA OF
o In the language/dialect spoken by both parties. JURISDICTION.
o Signed by both parties
 - TERRITORIAL JURISDICTION: You can only operate - No Shouting or Crying
within your barangay or territory.
- To avoid delay, file complaint in Respondent’s lupon para PRESCRIPTION OF CRIMES/ACTIONS: ObliCon
when it comes to implementation, easier na. Because
Respondent is the constituent of their own barangay. EFFECT OF PRESCRIPTION OF CRIMES OR CIVIL ACTIONS:
- There is a suspension of prescriptive period.
WHAT IS THE REMEDY IF THE LUPON IS NOT ABLE TO
IMPLEMENT AMICABLE SETTLEMENT OR ARBITRATION PERIOD OF SUSPENSION:
AWARD WITHIN 6 MONTHS? - Should NOT EXCEED 60 DAYS.
- Go to COURT.
- Complainant will go to MTC/First Level Courts to file a Example:
case for “ENFORCEMENT OF A BARANGAY Prescriptive Period for written contracts: 10 years;
AMICABLE SETTLEMENT OR ARBITRATION Effect of Referral? Suspended from time of filing of
AWARD” complaint.
- COURT: Will implement the Amicable Settlement or When will it run again? From the time you get a certificate
Arbitration Award by ISSUING A WRIT OF to file an action.
EXECUTION.
o Sheriff will collect. PANGKAT HAS 15 DAYS TO SETTLE DISPUTE:
o If the Sheriff cannot collect: LEVY (Personal - Difference with Lupon? PANGKAT: 15 days is extendible
properties will be sold in a public auction in order for another 15 days provided there is a MERITORIOUS
to satisfy the execution) CASE.
o PROPERTIES EXEMPTED FROM - MERITORIOUS CASE: Discretion of pangkat.
EXECUTION: Those needed for your profession;
Rule 39, Rules of Court. DEATH OF ONE OF THE PARTIES:
- Criminal Liability is extinguished by death. Civil Liability:
COMPLAINANT WANTS TO REPUDIATE THE AMICABLE Substitution by heirs.
SETTLEMENT OR THE ARBITRATION AWARD: - Case will continue, heirs will be substituted for deceased
- Go back to Barangay Captain party.
- Go to court? Yes. Repudiate Amicable Settlement or Annul
Arbitration Award; MTC or First-Level Courts. ARE BARANGAY PROCEEDINGS OPEN TO THE PUBLIC? YES.
- Unless there is a need for closed doors conciliation.
V. IF THERE WAS NO SETTLEMENT AT ALL, THE
LUPON WILL ISSUE A CERTIFICATE TO FILE
ACTION.
HOW TO FILE REPUDIATION?
- Attach to the complaint. 1. Written
- CERTIFICATE TO FILE ACTION is NOT a settlement. 2. Sworn statement; Must be subscribed and sworn before any
party allowed to take oath.
REFERRAL TO LUPON IS CONDITION PRECEDENT BEFORE
BRINGING IT TO COURT. RESPONSIBILITY OF LUPON WHEN THERE IS AN AMICABLE
- If the dispute is not part of the exceptions, the case can be SETTLE OR AN ARBITRATION AWARD:
dismissed.
1. To transmit the Amicable Settlement or Arbitration Award
2019 AMENDMENTS OF RULES OF COURT: to MTC.
- Scrapped Rule 15 on Motion to Dismiss. o WHEN? From date of award or lapse of
- FILE IT AS AN AFFIRMATIVE DEFENSE IN THE repudiation period.
ANSWER:
o Non-referral to the lupon is a PRE-REQUISITE; 2. Must ensure that both parties have a copy of the Arbitration
state that this case was referred to the Lupon but Award and Amicable Settlement.
no settlement was reached. Hence, attached
hereto is the certificate to file action. IF THERE IS NO EXECUTION, ANY ACTION WILL BE FILED IN
MTC.
WHO MUST APPEAR BEFORE THE LUPON?
WHAT IF THE BARANGAY CAPTAIN IS ABSENT OR CANNOT BE
- INDIVIDUALS MUST APPEAR PERSONALLY.
FOUND?
WITHOUT LAWYERS.
Whoever is there. Anybody can accept the complaint.
- Lawyers are not welcome in the Lupon. When the Barangay Captain comes, they will give it to him. If long
- Minor / Incompetent? May be assisted by next of kin who time absence, set pangkat.
is NOT A LAWYER.
- Lawyer can advice client to go to barangay but they cannot WHAT IF BARANGAY CAPTAIN IS FIRED OR SUSPENDED?
assist them there. Acting punong barangay will take charge. Lupon
Tagapamayapa will resolve dispute.
OTHER GROUNDS FOR REPUDIATION:
FEES?
1. FRAUD - YES, there are fees that are needed to paid under the law.
- Lupon, Pangkat, and Complainant conspired against you. - Only minimal fees to be paid.
2. NO ACTUAL CONFRONTATION IN BARANGAY NOT ALL SPECIAL LAWS ARE VICTIMLESS:
- RA 9262, RA 7610: Penalty of imprisonment is above 1
year
- DON’T BROING TO BARANGAY, go straight to court.
- Victim can get a barangay protection order which is good
for 15 days.