1. This Act is known as the "Alternative Dispute Resolution c.
Conciliation
Act of 2004." d. Amicable Settlement
a. RA 876
b. RA 9285
c. RA 11131
d. RA 6975 10. It refers to a principle which requires a process of
resolving conflicts with the maximum involvement of the
2. It is an activity which takes place when conscious beings victim, the offender and the community.
(individuals or groups) wish to carry out mutually a. Restorative Justice
inconsistent acts concerning their wants, needs or b. Commutative Justice
obligations. c. Retributive justice
a. Frustration d. Criminal Justice,
b. Crisis
c. Stress 11. The Indigenous Peoples' Rights Act of 1997.
d. Conflict A. R.A 8171
B. R.A 8373
3. This Act shall be known as "The Arbitration Law." C. R.A 8173
a. RA 876 D. D. R.A 8371
b. RA 9285
c. RA 11131 12. When disputes Involve CCs/IPs, _____ and practices
d. RA 6975 shall be used to resolve the dispute.
A. Indigenous Laws
4. It Mediation means a voluntary process in which a B. Customary laws
mediator, selected by the disputing parties, facilitates C. Cultural Laws
communication and negotiation, and assist the parties in D. Ancient Laws
reaching a voluntary agreement regarding a dispute.
a. Arbitration CONFLICT
b. Conciliation ➢ A conflict is an activity which takes place when
c. Hearing conscious beings (individuals or groups) wish to
d. Mediation carry out mutually inconsistent acts concerning their
wants, needs or obligations.
5. It is a voluntary dispute resolution process in which one
or more arbitrators, appointed in accordance with the Conflict Theories
agreement of the parties, or rules promulgated pursuant ➢ tensions and conflicts arise when resources, status,
to this RA 9285, resolve a dispute by rendering an and power are unevenly distributed between groups
award. in society and that these conflicts become the
a. Arbitration engine for social change.
b. Conciliation
c. Mediation Conflict Resolution Strategies
d. Trial ➢ Kilmann Instrument or more generally known as TKI
Conflict Strategies that people use to handle
6. It refers toa system of justice administered at the conflict, including:
barangay level for the purpose of amicable settling o avoiding, o
disputes through mediation, conciliation or arbitration defeating, o
among the family or barangay without resorting to the
compromising, o
courts
a. Criminal Justice System accommodating, and
b. Barangay System o collaborating.
c. Katarungang Barangay (KP)
d. Barangay Justice System Avoiding
➢ This is Unassertive and uncooperative. The person
7. The Chairperson of Lupong Tagapamayapa neither pursues his own concerns nor those of the
a. Barangay Chairman other individual. Thus, he does not deal with the
b. Eldest person in the Barangay conflict. Avoiding might take the form of
c. Barangay Secretary diplomatically sidestepping an issue, postponing an
d. SK Chairperson issue until a better time, or simply withdrawing from
a threatening situation.
8. It is a body organized in every barangay composed of
Punong Barangay as the chairperson and not less than Competing
ten (10) and more than twenty from which the members ➢ This is assertive and uncooperative. An individual
of every Pangkat shall be chosen. pursues his own concerns at the other person's
a. Lupong Tagapamayapa (Lupon) expense. This is a power-oriented mode in which
b. Barangay Tanod you use whatever power seems appropriate to win
c. Pangkat Tagapagkasundo your own position--your ability to argue, your rank,
d. BPAT or economic sanctions. Competing means
"standing up for your rights," defending a position
9. It is an agreement reached during mediation and which you believe is correct, or simply trying to win
conciliation proceedings.
a. Arbitration
b. Repudiation
Accommodating
➢ This is Unassertive and cooperative-_the complete Ethical Conduct of a Mediator: o Competence o
opposite of competing. When accommodating, the Impartially o Confidentiality o Consent and Self-
individual neglects his own concerns to satisfy the Determination o Separation of Mediation from
concerns of the other person; there is an element of
Counseling and Legal
self-sacrifice in this mode. Accommodating might
Advice o Charging of Fees. o Promotion of
take the form of selfless generosity or charity,
obeying another person's order when you would Respect and Control of Abuse of Process.
prefer not to, or yielding to another's point of view. o Solicitation or Acceptance of any Gift.
Collaborating
➢ It is both assertive and cooperative--the complete Republic Act No. 876?
opposite of avoiding. Collaborating involves an The Arbitration Law
attempt to work with others to find some solution
that fully satisfies their concerns. It means digging Subject matters of Arbitration law?
into an issue to pinpoint the underlying needs and ➢ Two or more persons or parties may submit to the
wants of the two individuals. arbitration of one or more arbitrators any
controversy existing between them at the time of
Compromising the submission and which may be the subject of an
➢ The objective is to find some expedient, mutually action, or the parties to any contract may in such
acceptable solution that partially satisfies both contract agree to settle by arbitration a controversy
parties. It falls intermediate between competing and thereafter arising between them. Such submission
accommodating. Compromising gives Up more than or contract shall be valid, enforceable and
competing but less than accommodating. irrevocable, save upon such grounds as exist at law
for the revocation of any
Republic Act No. 9285? contract
"Alternative Dispute Resolution Act of 2004."
Disqualified to arbitrate
Alternative Dispute Resolution ➢ A controversy cannot be arbitrated where one of the
➢ means any process or procedure used to resolve a parties to the controversy is an infant, or a person
dispute or controversy, other than by adjudication of judicially declared to be incompetent, unless the
a presiding judge of a court or an officer of a appropriate court having jurisdiction approve a
government agency, as defined under RA 9285, in petition for permission to submit such controversy
which a neutral third party participates to assist in to arbitration made by the general guardian or
the resolution of issues, which includes arbitration, guardian ad litem of the infant or of the
mediation, conciliation, early neutral evaluation, incompetent.
mini-trial, or any combination thereof. (Sec. 3, par.
a, KATARUNGANG PAMBARANGAY LAW
RA 9285) Sections 399 - 422 of the Local Government Code
January 1, 1992. Republic Act 7160
Arbitration o means a voluntary dispute resolution process In 1978, Presidential Decree 1508, known as the
in which one or more arbitrators, appointed in Katarungang
accordance with the agreement of the parties, or rules Pambarangay Law
promulgated pursuant tO RA 9285, resolve a dispute by
rendering an award. (Sec. 3, par. d, RA PD 1508
9285) o Note: Award means any partial or final •This refers to an Act Establishing a System of Amicably
decision by an arbitrator in resolving the issue or Settling Disputes at the Barangay Level.
controversy.
RA 7160
Arbitrator ➢ is otherwise known as the 1991 Local Government
•means the person appointed to render an award, alone or Code. This gives barangays the mandate to enforce
with others, in a dispute that is the subject of an arbitration peace and order and provide support for the
agreement. effective enforcement of human rights and justice.
Decentralization has facilitated the recognition of
Mediation the Katarungang Pambarangay or Barangay Justice
•means a voluntary process in which a mediator, selected by System as an alternative venue for the resolution of
the disputing parties, facilitates communication and disputes.
negotiation, and assist the parties in reaching a voluntary
agreement regarding a dispute. Katarungang Barangay (KP)
➢ is a system of justice administered at the barangay
Mediation-Arbitration level for the purpose of amicable settling disputes
"Mediation-Arbitration" or Med-Arb is a step dispute through mediation, conciliation or abitration among
resolution process involving both mediation and arbitration. the family or barangay without resorting to the
courts. The Katarungang Pambarangay or
Barangay Justice System is a community-based
The Office for Alternative Dispute Resolution (OADR)
dispute settlement mechanism that is administered
➢ is as an agency attached to the Department of
by the basic political unit of the country, the
Justice. It shall have a Secretariat and shall be
barangay.
headed by an Executive Director, who shall be
➢ As a community based mechanism for dispute
appointed by the President of the Philippines, taking
resolution, it covers disputes between members of
into consideration the recommendation of the
the same community (generally, same
Secretary of Justice. (Article 2.1., IRR, RA 9285)
city/municipality) and involves the Punong
Barangay and other members of the communities j. Where the dispute arises from the
(the Lupon members) as intermediaries (mediators, Comprehensive
conciliators, and, sometimes, arbitrators). Agrarian Reform Law (CARL);
k.Labor disputes or controversies arising from
The barangay employer - employee relations;
➢ the basic political unit, serves as the primary planning I. Actions to annul judgment upon a compromise
and implementing unit of government policies, which may be filed directly in court.
plans, programs, projects, and activities in the (Aggranzamendez, 2008 & Secs 408 & 412 of the
community, and as a forum wherein the collective Local Government Code)
views of the people may be expressed, crystallized,
and considered, and where disputes may be Katarungang Pambarangay o Alarms and Scandals (Art.
amicably settled. (Sec 384 of the Local Government 155); o Slight Physical Injuries and Maltreatment (Art.
Code)
266); o Unlawful Arrest (Art. 269); o Inducing A Minor to
Abandon His/Her Home (Art.
Lupong Tagapamayapa (Lupon)
271) o Light Threats (Art. 283); Other Light
➢ is a body organized in every barangay composed of
Threats (Art.
Punong Barangay as the chairperson and not less
than ten (10) and more than twenty from which the 285); o Grave Coercion (Art. 286); U. Light
members of every Pangkat shall be chosen. Coercion (Art.
287); o Theft (If the Value of The Property Stolen
All disputes are subject to barangay conciliation and prior Does Not
recourse thereto is a pre - condition before filing a complaint Exceed P50.00). (Art. 309); o Qualifred Theft (If the
in court or any government offices, except in the following Amount Does Not Exceed P500).
disputes: o Altering Boundaries or Landmarks (Art. 313); o
a. Where one party is the government, or any Swindling or Estafa (If the Amount Does Not
subdivision or instrumentality thereof; Exceed
b. Where one party is a public officer or employee P200.00). (Art. 315); o Other Forms of Swindling
and the dispute relates to the performance of his (Art. 316 o Special Cases of Malicious Mischief (If the
official functions; Value of the Damaged Property Does Not Exceed
c. Where the dispute involves real properties P1,000.00). o Fencing of Stolen Properties If the
located in different cities and municipalities,
Property Involved Is Not More Than P50.00 (Pd 1612).
unless the parties thereto agree to submit their
difference to amicable settlement by an
appropriate Lupon;
d. Any complaint by or against corporations, Certification to File Action
partnerships or juridical entities, since only ➢ The Lupon Secretary and attested by the Lupon
individuals shall be parties to barangay Chairman, certifying that a confrontation of the
conciliation proceedings either as complainants parties has taken place and that a conciliation or
or respondents; settlement has been subsequently repudiated.
e. Disputes involving parties who actually reside in
barangays of different cities or municipalities, Repudiation
except where such barangay units adjoin each ➢ is an act of rejecting the validity or refusing to accept
other and the parties thereto agree to submit the terms and conditions of agreement on the
their differences to amicable settlement by an ground of vitiation of consent by fraud, violence or
appropriate Lupon; intimidation.
f. Offenses for which the law prescribes a
maximum penalty of imprisonment exceeding Restorative justice
one (1) year or a fine of over five thousand pesos ➢ refers to a principle which requires a process of
(P5,000.00); resolving conflicts with the maximum involvement of
g. Offenses where there is no private offended the victim, the offender and the community. It seeks
party; to obtain reparation for the victim; reconciliation of
the offender, the offended and the community; and
h. Disputes where Urgent legal action is necessary reassurance to the offender that he/she can be
to prevent injustice from being committed or reintegrated into society. It also enhances public
further continued, specifically the following: safety by activating the offender, the victim and the
1. Criminal cases where the accused is under police community in prevention strategies.
custody or detention;
2. Petitions for habeas corpus by a person illegally Indigenous Conflict Resolution Mechanism in the
deprived of his rightful custody over another or a Community
person illegally deprived of or on acting in his ➢ In the pastoral community, there are indigenous
behalf; conflicts management institutions that have existed
3. Actions coupled with provisional remedies such as for long periods of time and remain effective.
preliminary injunction, attachment, delivery of ➢ The institutions that elders developed are generally
personal property and support during the pendency respected because elders are seen as trustworthy
of the action; and and knowledgeable people in the community and
4. Actions which may be barred by the Statute of are believed to make rational decisions. The
Limitations. unwritten Xeer-customary law of the society is
exercised by the well-experienced elders who
i. Any class of disputes which the President may transfer the informal rules, values and traditions
determine in the interest of justice or upon the from one generation to another. The elders play the
recommendation of the Secretary of Justice;
role of mediating, arbitrating, managing and
resolving the conflict in the
community
➢ In this connection, there is a saying "women are
considered as ambassador in resolving inter-clan
conflict in the community".
➢ indigenous conflict resolution system is very
important means of conflict resolution by increasing
social harmony, addressing common problems of
the community and increasing support of each other
and tolerance. In order to promote sustainable
peace in the pastoral community, indigenous
conflict resolution mechanisms should be integrated
and work jointly with the modern systems of conflict
resolution.
Republic Act No. 8371
•This Act shall be known as "The Indigenous Peoples' Rights
Act of 1997"
SECTION 65.
• Primacy of Customary Laws and Practices. -When disputes
involve ICCs/|Ps, customary laws and practices shall be
used to resolve the dispute.
Customary Laws
➢ refer to a body of written and/or unwritten rules,
usages, customs and practices traditionally and
continually recognized, accepted and observed by
respective ICCs/Ps;
Right to Resolve Conflict.
➢ Right to resolve land conflicts in accordance with
customary laws of the area where the land is
located, and only in default thereof shall the
complaints be submitted to amicable settlement
and to the Courts of Justice whenever necessary.
Self-Governance
➢ The State recognizes the inherent right of ICCS/IPs
to self-governance and self-determination and
respects the integrity of their values, practices and
institutions. Consequently, the State shall
guarantee the right of ICCs/Ps to freely pursue
their economic, social and cultural development.
Justice System, Conflict Resolution Institutions, and Peace
Building Processes
➢ The ICCs/IPs shall have the right to use their own
commonly accepted justice systems, conflict
resolution institutions, peace building processes or
mechanisms and other customary laws and
practices within their respective communities and
as may be compatible with the national legal
system and with internationally recognized human
rights.
SECTION 66.
➢ Jurisdiction of the NCIP. – The NCIP, through its
regional offices, shall have jurisdiction over all
claims and disputes involving rights of ICCs/IPs:
Provided, however, That no such dispute shall be
brought to the NCIP unless the parties have
exhausted all remedies provided under their
customary laws. For this purpose, a certification
shall be issued by the Council of Elders/Leaders
who participated in the attempt to settle the dispute
that the same has not been resolved, which
certification shall be a condition precedent to the
filing of a petition with the NCIP.
