barangay justice system7447747474747474.pptx

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1. The BARANGAY JUSTICE SYSTEM in the Philippines

2. HISTORICAL BACKGROUND November 10, 1976, the late Chief Justice Fred Ruiz Castro made a radical proposal to remedy the alarming problem of court dockets congestion: Create Neighborhood paralegal committees where all kinds of suit was heard before the old men of the district…

3. January 27, 1978, President Ferdinand E. Marcos created a presidential commission Purpose: To study the feasibility of instituting a system of resolving disputes among family and barangay members at the barangay level without recourse to the courts

4. June 11, 1978, President Ferdinand E. Marcos issued Presidential Decree No. 1508 entitled the Katarungang Pambarangay Law

5. October 10, 1991, the Local Government Code of 1991 Amended , changed and modified some provisions of PD 1508

6. PHILOSOPHY behind the Katarungang Pambarangay System of justice For resolution of local level disputes Free the court with cases Provide justice to the poor Not judge, but assist

7. IMPORTANCE promote the speedy administration of justice implement the constitutional mandate to preserve and develop Filipino culture and to strengthen the family as a basic social institution help relieve the courts of docket congestion

8. INSTITUTIONAL LINKAGES

9. GENERAL RULES No Lawyers are allowed in Barangay hearings

10. Not all cases go to the Katarungan Pambarangay .

11. Cases not covered by Katarungan Pambarangay Law One party is the government. One party is a public officer. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos (P5,000.00); No private offended party Real property from different municipalities Labor disputes or controversies arising from employer-employee relations Where the dispute arises from the Comprehensive Agrarian Reform Law  Actions to annul judgment upon a compromise which may be filed directly in court  

12. GENERAL RULES (continued) Settlement or arbitration award may be enforced by execution: By the Lupon ; or By the appropriate city or municipal court.

13. The Lupon and Pangkat are not COURTS; Barangay officials do not have judicial powers They are simply authorized to do conciliation or mediation so that disputes that are within their jurisdiction will no longer reach the courts and therefore will help free up court dockets

14. THE LUPONG TAGAPAMAYAPA Creation Sec. 399, RA 7160 Composition Not less than 10 but not more than 20 PB as Lupon Chairman Persons who are residents or working in the barangay Disqualified Persons: Judges, Elective Officials

15. Procedure for Appointment Notice to constitute lupon Within the 1 st 15 days from the start of the term Posted in 3 conspicuous places for 3 weeks Issue appointment within 10 days Notice of Appointment Oath of Office List of Appointed Lupon posted in 3 conspicuous place in the barangay for the entire duration of their term

16. Term of Office 3 years until a new lupon is constituted Unless terminated by resignation, transfer of residence, withdrawal of appointment Character of Office Persons in authority Receive honoraria, allowance If member is a Govt./private employee Duties as Lupon is on official time

17. Powers and Duties of the Lupon Chairman Cause the Constitution of the Lupon Mediation and Arbitration Functions Receive all complaints Administer oaths Mediate all disputes Arbitrate dispute upon written agreement of the parties

18. Cause the Constitution of the Pangkat Other powers and duties Set the date, time and place of, and preside over the regular meetings of the Lupon Prepare the agenda for each meeting Attest the certification signed or issued by the Lupon secretary Enforce the amicable settlement or arbitration award

19. The Lupon Secretary Keep and maintain a record book of all complaints Note the results of the mediation proceedings and submit a report to the proper MTC/MCTC Record the willful failure or refusal of a party/witness with the summons/subpoena issued by the PB Receive and keep records of proceedings of the pangkats Issue certification to bar action Issue certification to file action in case of repudiation Issue certified true copies of any public record in his custody that is not by law declared confidential

20. The Pangkat Chairman Preside over all hearings and administer oaths Issue summons/subpoena Attest to the authenticity of the settlement Preside over arbitration hearings Attest to the certification to file action issued by the pangkat secretary

21. The Pangkat Secretary Issue notices of hearing Keep minutes of the proceedings and submit to the lupon secretary Transmit to the secretary all settlements agreed upon by the parties Issue certification to bar action Issue certification to file action

22. Procedure in the settlement of disputes in the Katarungang Pambarangay Conciliation involves building a positive relationship between the parties of dispute where the “conciliator” assists the parties by driving their negotiations and directing them towards a satisfactory agreement.

23. Mediation the mediator, facilitates dialogue in a structured multi-stage process to help parties reach a conclusive and mutually satisfactory agreement.

24. Arbitration procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute.

25. Arbitration Conciliation mediation Arbitrator determines the outcome Assistance/ negotion assistance No formal rules of procedure No structured process Structured process

26. PROCEDURE OF DISPUTE SETTLEMENT Complaint Check if it is a barangay dispute Filing Fee Notice of Hearing to complainant Summons to Respondent Mediation COMPLAINANT FAILS TO APPEAR Dismiss the complaint Direct the issuance of Certification to Bar Action in Court or government office Apply with the local trial court for Indirect Contempt of Court

27. PROCEDURE OF DISPUTE SETTLEMENT Complaint Check if it is a barangay dispute Filing Fee Notice of Hearing to complainant Summons to Respondent Mediation RESPONDENT FAILS TO APPEAR Dismiss the counterclaim Direct the issuance of Certification to Bar the Counterclaim Apply with the local court as for Indirect Contempt of Court Constitute the Pangkat

28. PROCEDURE OF DISPUTE SETTLEMENT Complaint Check if it is a barangay dispute Filing Fee Notice of Hearing to complainant Summons to Respondent Open to the public Appearance in person 15 days If successful- amicable settlement If not- constitute the Pangkat ng Tagapagkasundo Mediation

29. PROCEDURE OF DISPUTE SETTLEMENT Constitution of the PANGKAT NG TAGAPAGKASUNDO Set the date Failure to appear without justifiable cause COMPLAINANT FAILS TO APPEAR Dismiss the complaint Direct the issuance of Certification to Bar Action in Court or government office Apply with the local trial court for Indirect Contempt of Court

30. PROCEDURE OF DISPUTE SETTLEMENT Constitution of the PANGKAT NG TAGAPAGKASUNDO Set the date Failure to appear without justifiable cause RESPONDENT Dismiss the counterclaim Direct the issuance of Certification to Bar the Counterclaim Apply with the local court as for Indirect Contempt of Court Constitute the Pangkat by drawing of lots

31. PROCEDURE OF DISPUTE SETTLEMENT Constitution of the PANGKAT NG TAGAPAGKASUNDO Set the date Failure to Appear Once constituted, Lupon Chairman gives notice to chosen pangkat members Sets the date for initial hearing Pangkat elect the chairman and secretary Not later than 3 days from constitution.

32. PROCEDURE OF DISPUTE SETTLEMENT Notice of Hearing to complainant Summons to Respondent Conciliation COMPLAINANT Dismiss the complaint Direct the issuance of Certification to Bar Action in Court or government office Apply with the local trial court for Indirect Contempt of Court

33. PROCEDURE OF DISPUTE SETTLEMENT Notice of Hearing to complainant Summons to Respondent Conciliation RESPONDENT Dismiss the counterclaim Direct the issuance of Certification to Bar the Counterclaim Apply with the local court as for Indirect Contempt of Court Direct the Issuance of the Certification to File Action

34. PROCEDURE OF DISPUTE SETTLEMENT Notice of Hearing to complainant Summons to Respondent Open to the Public Appearance in Person 15 days Extended for 15 days in meritorious cases If successful- Amicable Settlement If not-Certification to File Action Conciliation

35. PROCEDURE OF DISPUTE SETTLEMENT During the mediation or conciliation stage Written Agreement to Arbitrate After 5 days, hearings begin Evidence for the complainant (with witnesses to support him) Evidence for the respondent (with witnesses to controvert the claim/ support him) Evaluate the evidence and render and award not more than 15 days from date of agreement to arbitrate. Arbitration Award Arbitration

36. END RESULT OF KP SETTLEMENT In writing Language/dialect known to the parties Signed by both complainant & respondent Attested to by the Lupon/Pangkat Chairman Final and executory after 10 days from date of settlement except if REPUDIATED by any party Amicable Settlement

37. END RESULT OF KP SETTLEMENT Sworn statement before the lupon or pangkat chairman Ground: consent was obtained/vitiated by fraud, violence or intimidation Basis for the issuance of a Certification to File Action in court or any government office Repudiation

38. END RESULT OF KP SETTLEMENT In writing Language/dialect known to the parties Signed by the lupon chairman and all members of the pangkat Final and executory after 10 days from receipt of the award Within the 10 day period, any party may file before the court a PETITION FOR NULLIFICATION OF THE AWARD Arbitration Award

39. EXECUTION OF SETTLEMENT AND AWARD Lupon If settlement or arbitration award is enforced w/in 6 months from Date of settlement Date of receipt of the award Date the obligation becomes due and demandable Appropriate city/municipal court After the lapse of the 6 month period

40. EXECUTION OF SETTLEMENT AND AWARD Filing of motion for execution Hearing Within 5 days from the date of the filing of the motion Ascertain non-compliance Urge for voluntary compliance (5 days) Issuance of notice of execution

41. EXECUTION OF SETTLEMENT AND AWARD Payment of money 5 days for voluntary payment If not, take possession of sufficient personal property Located in the barangay Be of value sufficient to pay the obligation Chosen by the party obliged Procedure of Execution

42. EXECUTION OF SETTLEMENT AND AWARD Delivery or restitution of property located in the barangay Oust the person against whom the settlement or award is rendered and place the party entitled thereto in possession of such property. Procedure of Execution

43. EXECUTION OF SETTLEMENT AND AWARD Delivery or restitution of property located in another barangay of the same city or municipality Authorize the PB of the barangay where the property is situated to take possession of the property and to oust the person against whom the settlement or award is rendered and place the party entitled thereto in possession of such property. Procedure of Execution

44. EXECUTION OF SETTLEMENT AND AWARD Execute a conveyance of land, or to deliver deeds or other documents, or to perform any other specific act PB may direct the Lupon secretary to perform the act at the cost of the disobedient party Payment before sale Before the sale on execution Procedure of Execution

45. EXECUTION OF SETTLEMENT AND AWARD Notice of sale 3 public places ( indicating the time and place) Not less than 24 hours prior to the sale (perishable) 5-10 days other personal property Manner of sale Public auction – highest bidder Disqualified to bid: PB, Lupon Sec., Lupon members Disposition of proceeds Conveyance to purchaser Certificate of sale Entered in the records Procedure for Sale of Personal Property on Execution