KATARUNGANG PAMBARANGAY

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Asimple presentation of the Katarungang Pambarangay (Barangay Justice) to enhance the knowledge of the lupung tagapamayapa...

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KATARUNGANG PAMBARANGAY : 

KATARUNGANG PAMBARANGAY

REQUIREMENTS FOR THE EXERCISE OF AUTHORITY OF THE LUPONG TAGAPAMAYAPA: 

REQUIREMENTS FOR THE EXERCISE OF AUTHORITY OF THE LUPONG TAGAPAMAYAPA 1. REQUIREMENTS AS TO THE PARTIES TO THE DISPUTE * Actual residents of the same City or Municipality* 2. REQUIREMENTS AS TO THE SUBJECT MATTER OF THE DISPUTE * Lupon has the authority to amicably settle all disputes subject only to certain exceptions [(Section 408, RA7160) (Section 412]

SECTION 409. VENUE: 

SECTION 409. VENUE Disputes between persons actually residing in the same barangay shall be brought for amicable settlement before the Lupon of said barangay; Those involving actual residents of different barangay within the same city or municipality shall be brought in the barangay where the respondent or any of the respondents actually resides, at the selection of the complainant; All disputes involving real property or any interest therein shall be brought in the barangay where the real property or the larger portion thereof is situated; Those arising at the the workplace where the contending parties are employees or at the institutions where such parties are enrolled for study, shall be brought in the barangay where such workplace or institution is located; Objections to venue shall be raised in the mediation proceedings before the punong barangay, otherwise, the same shall be deemed waived. 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 408 Subject Matter for Amicable Settlement; Exception thereto xxx:: 

SECTION 408 Subject Matter for Amicable Settlement; Exception thereto xxx: Where one party is the Government, or any instrumentality thereof; Where one party is a public officer or employee, and the dispute relates to the performance of his official functions; Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five Thousand Pesos (P5,000.00); Offenses where there is no private offended party; N.B. no private individual is violated, only the interest of the general public

SECTION 408 Subject Matter for Amicable Settlement; Exception thereto xxx:: 

SECTION 408 Subject Matter for Amicable Settlement; Exception thereto xxx: When 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; Disputes involving parties who actually resides in barangays of different cities or municipalities, except where such barangay unit adjoin each other and the parties thereto agree to submit their differences to Amicable Settlement by an appropriate Lupon; Such other claims of dispute which the President may determine in the interest of justice upon the recommendation of the Secretary of Justice.

EXCEPTIONS UNDER SECTION 412, (b): 

EXCEPTIONS UNDER SECTION 412, (b) 1). Where the accused is under detention N.B. Article 125, RPC 12 18 hours, otherwise illegal detention 36 2). Where a person has otherwise been deprived of personal liberty calling for Habeas Corpus proceedings; Habeas Corpus – 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

EXCEPTIONS UNDER SECTION 412, (b): 

EXCEPTIONS UNDER SECTION 412, (b) 3. Where actions are coupled with provisional remedies, such as preliminary injunctions, attachment, delivery of personal property (Replivin), and support Pendente Lite; RSN. Requires immediate Court action if they are to be effective in pursuing and protecting the rights of a party of a case pending in court 4. Where the action may otherwise be barred by the statutes of limitations

MEDIATION PROCEDURE: 

MEDIATION PROCEDURE COMPLAINANT PUNONG BARANGAY Secretary Treasurer CONSTITUTION OF PANGKAT MEDIATION PROCESS AGREEMENT TO ARBITRATE HEARING ON ARBITRATION NO SETTLEMENT AMICABLE SETTLEMENT EXECUTION REPUDIATION CERTIFICATE TO FILE ACTION

CONCILIATION PROCEDURE: 

CONCILIATION PROCEDURE PUNONG BARANGAY PANGKAT NG TAGAPAGSUNDO CERTIFICATE TO FILE ACTION CONCILIATION PROCESS AGREEMENT TO ARBITRATE HEARING ON ARBITRATION NO SETTLEMENT AMICABLE SETTLEMENT EXECUTION REPUDIATION CERTIFICATE TO FILE ACTION

ARBITRATION PROCEDURE: 

ARBITRATION PROCEDURE PUNONG BARANGAY PANGKAT NG TAGAPAGSUNDO EVIDENCE FOR RESPONDENT EXECUTION PETITION FOR NULLIFICATION ARBITRATION HEARING EVIDENCE FOR COMPLAINANT AWARD

MEDIATION/CONCILIATION SUGGESTED PROCESS: 

MEDIATION/CONCILIATION SUGGESTED PROCESS PARTIES PRESENTATION OF ISSUES AND CONCERNS PREPARATION FOR MEDIATION MEDIATOR’S OPENING REMARKS PROBLEM SOLVING Explore the Issues and Review Interest Generate Opinions Evaluate Options Select/Modify Options WRITTEN AGREEMENT/CLOSING FINAL BARGAINING

PROCEDURE IN THE SETTLEMENT OF DISPUTES AT THE BARANGAY LEVEL: 

PROCEDURE IN THE SETTLEMENT OF DISPUTES AT THE BARANGAY LEVEL Complaint is filed with the Barangay Captain orally or in writing Lupon Secretary records the complaint and assigns it a docket number Barangay Captain issues summons for parties to appear before him (next working day) Summons – Respondent Notice - Complainant If conciliation or arbitration fails, Barangay Captain creates a Pangkat (3 members) If settlement is reached, case is considered closed. (Amicable Settlement) Barangay Captain conciliates the parties or arbitrates the case (within 15 days) Pangkat conciliates the parties or arbitrates the case (convene not later than 3 days from constitution on day hour set by Lupon Chair to hear parties) If agreement is reached or arbitration reward is made, case is closed. If arbitration fails or Pangkats decision is validly repudiated, the case may be taken to court

SANCTION FAILURE TO APPEAR: 

SANCTION FAILURE TO APPEAR Punishment as for indirect contempt of court, which shall be imposed by the local city or municipal court upon application filed either by: Punong Barangay Pangkat Chairman Any of the contending parties (Section 915, RA7160) Dismissal of complaint and counterclaim filed by the complainant and respondent, respectively, who refused or willfully failed to appear at the Barangay proceedings (Section 8, Rule IV, KP Rules); Issuance of a certification to bar the complainant who fails or refuse to appear from seeking judicial recourse for the same cause of actions (KP Form No. 21) Issuance of a certification to bar the respondent from filing any counterclaim arising out of or necessarily connected with the complaint (KP Form 22); N.B. If complainant refuse to appear there is no need to constitute the Pangkat

EXECUTION: 

EXECUTION Definition : Process of carrying into effect the amicable settlement reached by the parties in a KP case on the arbitration reward rendered by the PB/Lupon Chairman or the Pangkat ng Tagapagkasundo, which has become final after the lapse of the prescribed time. PRELIMINARY PROCEDURE: Step One : Disputant may file a motion (KP Form No. 23) with the PB, copy furnished to the other disputant/s, for the execution of a final settlement or award which has not been complied with. (Section 3, Rule VII, KP Rules); Step Two : On the day of the motion for EXECUTION is filed, PB shall set the same for hearing on a date approved to by the movant, which shall not be later than five (5) days from the date of the filling of the motion. PB shall give immediate notice of hearing (KP Form No. 24) to the other party; Step Three: During the hearing, PB shall ascertain the fact of non-compliance with the terms of the settlement or award. Upon determination of non-compliance, the PB shall strongly urge the party obliged to voluntarily comply with the settlement or award.

EXECUTION: 

EXECUTION PRELIMINARY PROCEDURE: Step Four : The PB shall within five (5) days from the day of hearing, determine whether or not voluntary compliance can be secured by giving the party obliged the opportunity to comply with the settlement or award within the said five day period; Step Five : Upon the lapse of said five-day period, there being no voluntary compliance, he shall issue a notice of execution (KP Form No. 25) in the name of the LT (Notice of Execution).

PROCEDURE FOR THE SALE OF PERSONAL PROPERTY ON EXECUTION: 

PROCEDURE FOR THE SALE OF PERSONAL PROPERTY ON EXECUTION NOTICE OF SALE Case of perishable property , posting immediately upon possession thereof indicating Time Place of sale in three (3) public places in the Barangay where sale is to take place for not less than 24 hour prior to the sale Other personal property , by posting immediately upon taking possession thereof in three public places in the Barangay where sale is to take place not less than 5 days but not more than 10 days NOTE: Manner of Sale – Public Auction

THANK YOU AND GOOD DAY: 

THANK YOU AND GOOD DAY