CRIMINOLOGY 6: Dispute Resolutions and Crises/Incident Management
MODULE 2: Procedure for Amicable Dispute Resolution Page 1 of 3
LESSON PROPER
INITIATION OF PROCEEDINGS FOR AMICABLE SETTLEMENT
Upon payment of the appropriate filing fee, any individual who has a cause of action against
another individual involving any matter within the authority of the lupon may complain, orally or in
writing, to the lupon chairman of the barangay (para a, Sec 410, RA7160).
MEDIATION BY LUPON CHAIRMAN
Upon receipt of the complaint, the lupon chairman shall, within the next working day, summon the
respondent(s), with notice to the complainant(s) for them and their witnesses to appear before him
for a mediation of their conflicting interests.
If the lupon chairman fails in his mediation effort within fifteen (15) days from the first meeting of the
parties, he shall forthwith set a date for the constitution of the pangkat… (para b, Sec.410,
RA7160).
SUSPENSION OF PRESCRIPTIVE PERIOD OF OFFENSE
While the dispute is under mediation, conciliation, or arbitration, the prescriptive periods for
offenses and cause of action under existing laws shall be interrupted upon filing of the complaint
with the punong barangay.
The prescriptive periods shall resume upon receipt by the complainant of the complaint or 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.
ISSUANCE OF SUMMONS; HEARING;
GROUNDS FOR DISQUALIFICATION
The pangkat shall convene not later than
three (3) days from its constitution, on the
day and hour set by the lupon chairman, to
hear both parties and their witnesses,
simplify issues, and explore all possibilities
for amicable settlement.
For this purpose, the pangkat may issue
summons for the personal appearance of
parties and witnesses before it.
Figure 3
http://www.ls.pnp.gov.ph/July%202012%20Legal%20Advisories.pdf In the event that a party moves to
disqualify any member of the pangkat by
reason of relationship, bias, interest, or any other similar grounds discovered after the constitution
of the pangkat, the matter shall be resolved by the affirmative vote of the majority of the pangkat
whose decision shall be final.
Should disqualification be decided upon, the resulting vacancy shall be filled as herein provided.
PERIOD TO ARRIVE AT A SETTLEMENT
The pangkat shall arrive at a settlement or resolution of the dispute within fifteen (15) days from the
day it convenes in accordance with this section.
This period shall, at the discretion of the pangkat, be extendible for another period which shall not
exceed fifteen (15) days, except in clearly meritorious cases (para e, Sec 410, RA7160).
CRIMINOLOGY 6: Dispute Resolutions and Crises/Incident Management
MODULE 2: Procedure for Amicable Dispute Resolution Page 2 of 3
PRE-CONDITION TO FILING OF COMPLAINT IN COURT
No complaint, petition, action, or proceeding involving any matter within the authority of the lupon
shall be filed or instituted directly in court or any other government office for adjudication, unless
there has been a confrontation between the parties before the lupon chairman or the pangkat, and
that no conciliation or settlement has been reached as certified by the lupon secretary or pangkat
secretary as attested to by the lupon or pangkat chairman or unless the settlement has been
repudiated by the parties thereto (para a, Sec 412, RA 7160).
INSTANCES WHERE PARTIES MAY GO DIRECTLY TO COURT
1. Where the accused is under detention;
2. Where a person has otherwise been deprived of personal liberty calling for habeas corpus
proceedings;
3. Where actions are coupled with provisional remedies such as preliminary injunction, attachment,
delivery of personal property and support pendente lite; and
4. Where the action may otherwise be barred by the statute of limitations.
CONCILATION AMONG MEMBERS OF INDIGENOUS CULTURAL COMMUNITIES.
The customs and traditions of indigenous cultural communities shall be applied in settling disputes
between members of the cultural communities.
ARBITRATION PROCEDURE
The parties may, at any stage of the proceedings, agree in writing that they shall abide by the
arbitration award of the lupon chairman or the pangkat.
Such agreement to arbitrate may be repudiated within five (5) days from the date thereof for the
same grounds and in accordance with the procedure hereinafter prescribed.
The arbitration award shall be made after the lapse of the period for repudiation and within ten (10)
days thereafter (para a, Sec 411, RA7160).
The arbitration award shall be in writing in a language or dialect known to the parties.
When the parties to the dispute do not use the same language or dialect, the award shall be written
in the language or dialect known to them (para b, Sec 411, RA7160).
EXCEPTION FOR OPEN TO THE PUBLIC PROCEEDINGS OF SETTLING DISPUTE
All proceedings for settlement shall be in public and informal: Provided, however, That the lupon
chairman or the pangkat chairman, as the case may be, may motu proprio or upon request of a
party, exclude the public from the proceedings in the interest of privacy, decency, or public morals
(Sec 414, RA 7160).
APPERANCE OF PARTIES IN PERSON DURING PROCEEDINGS
In all katarungang pambarangay proceedings, the parties must appear in person without the
assistance of counsel or representative, except for minors and incompetents who may be assisted
by their next-of-kin who are not lawyers (Sec.415 RA7160)
EFFECT OF AMICABLE SETTLEMENT AND ARBITRATION AWARD
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 the date thereof, unless repudiation of the
settlement has been made or a petition to nullify the award has been filed before the proper city or
municipal court (Sec. 416, RA 7160).
CRIMINOLOGY 6: Dispute Resolutions and Crises/Incident Management
MODULE 2: Procedure for Amicable Dispute Resolution Page 3 of 3
However, this provision shall not apply to court cases settled by the lupon under the last paragraph
of Section 408 of this Code, 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.
EXECUTION OF AMICABLE SETLEMENT OR ARBITRATION AWARD
The amicable settlement or arbitration award may be enforced by execution by the lupon within six
(6) months from the date of the settlement.
After the lapse of such time, the settlement may be enforced by action in the appropriate city or
municipal court (Sec. 417, RA7160)
REPUDIATION OF AMICABLE SETLEMENT OR ARBITRATION AWARD
Any party to the dispute may, within ten (10) days from the date of the settlement, repudiate the
same by filing with the lupon chairman 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
as hereinabove provided (Sec. 418, RA 7610).
TRANSMITTAL OF SETTLEMENT AND ARBITRATION AWARD TO COURT
The secretary of the lupon shall transmit the settlement or the arbitration award to the appropriate
city or municipal court within five (5) days from the date of the award or from the lapse of the ten-
day period repudiating the settlement and shall furnish copies thereof to each of the parties to the
settlement and the lupon chairman (Sec 419, RA 7160).
