RA 7160

The Local Government Code of 1991

BOOK III
TITLE ONE
CHAPTER VII

KATARUNGANG PAMBARANGAY
Rhem Rick N. Corpuz, Ph. D
Faculty, College of Criminal Justice Education
Angeles University Foundation
SUBJECT OF DISCUSSIONS
I – BRIEF CONCEPTS OF BARANGAY
II – KEY OFFICERS OF BARANGAY
III – KATARUNGANG PAMBARANGAY
A - COMPOSITION OF LUPONG TAGAPAMAYAPA
* PRIMARY FUNCTIONS OF THE LUPONG TAGAPAMAYAPA OR LUPON:
* PANGKAT NG TAGAPAGKASUNDO:

B – SUBJECT MATTER OF AMICABLE SETTLEMENT

* WHAT ARE THE CASES WHERE LUPON HAS NO JURISDICTION

C – STAGES OF SETTLING DISPUTES

1. MEDIATION 3. ARBITRATION
2. CONCILIATION
 I – BRIEF CONCEPTS OF BARANGAY
* R O L E O F T H E B A R A N G AY (Sec. 384 of RA 7160)

1. Basic Political Unit;

2. Primary planning and implementing unit of government policies, plans,
programs, projects, and activities in the community;
3. Forum for soliciting collective views of the people; and
4. A proper venue where disputes may be amicably settled.

* M A N N E R A N D R E Q U I S I T E S F O R C R E AT I O N
(1). Barangay may be created, divided, merged, abolished, or its boundary
substantially altered, by LAW or by an ORDINANCE of the sangguniang
panlalawigan or sangguniang panlungsod, SUBJECT TO APPROVAL BY A
MAJORITY OF THE VOTES CAST IN A PLEBISCITE TO BE
CONDUCTED BY THE COMELEC IN THE LOCAL GOVERNMENT UNIT
OR UNITS directly affected within such period of time as may be
determined by the law or ordinance creating said barangay. IN THE CASE
OF THE CREATION OF BARANGAYS BY THE SANGGUNIANG
PANLALAWIGAN, THE RECOMMENDATION OF THE SANGGUNIANG
BAYAN CONCERNED SHALL BE NECESSARY. ( S e c . 3 8 5 o f R A 7 1 6 0 )
(2). A barangay may be created out of a contiguous territory which has a
population of at least two thousand (2,000) inhabitants as certified by the
National Statistics Office except in cities and municipalities within Metro
Manila and other metropolitan political subdivisions or in highly urbanized
cities where such territory shall have a certified population of at least five
thousand (5,000) inhabitants: Provided, That the creation thereof shall not
reduce the population of the original barangay or barangays to less than the
minimum requirement prescribed herein.

To enhance the delivery of basic services in the indigenous cultural

communities, barangays may be created in such communities by an act of
Congress, notwithstanding the above requirement.

(3). The territorial jurisdiction of the new barangay shall be properly

identified by metes and bounds or by more or less permanent natural
boundaries. The territory need not be contiguous if it comprises two (2) or
more islands.
(4.) The governor or city mayor may prepare a consolidation plan for
barangays, based on the criteria prescribed in this section, within his
territorial jurisdiction. The plan shall be submitted to the sangguniang
panlalawigan or sangguniang panlungsod concerned for appropriate
action.

In the case of municipalities within the Metropolitan Manila Area and other
metropolitan political subdivisions, the barangay consolidation plan shall
be prepared and approved by the sangguniang bayan concerned.

II – KEY OFFICERS OF BARANGAY

1. Punong Barangay; (PB)
2. Seven (7) Sangguniang Barangay Members;
(SB)
3. Sangguniang Kabataan Chairman;
4. Barangay Secretary; (BS)
5 . Barangay Treasurer and other Appointive Official; (BT)
6. Barangay Assembly; and (BA)
7. Katarungang Pambarangay/Lupong Tagapamayapa. (MAIN TOPIC)
 WHO IS A PERSON IN AUTHORITY ? (Article 152 of RPC)
A person in authority is one directly vested with jurisdiction, that is, the
power and authority to govern and execute the laws.
OTHER EXAMPLES OF PERSONS IN AUTHORITY:
1. Mayors;
2. Division Superintendent of Schools;
3. Public and Private School Teachers;
4. Provincial Fiscal;
5. Judges;
6. Lawyers in the actual performance of their duties;
7. Punong Barangay;
8. Sangguniang Barangay Members;
9. Members of Lupong Tagapamayapa;
Items 7, 8 and 9 were added by the Local Government Code (Section
388) which expressly provides that said persons “shall be deemed as persons
in authority in their jurisdictions”. Teachers, lawyers and heads of schools
are likewise persons in authority for purposes of Art. 152 in relation to Arts.
148 (Direct Assaults) and 151 (Resistance and Disobedience to a Person in
Authority or the Agents of such Person).
 III – KATARUNGANG PAMBARANGAY: Brief History
On June 11, 1978 Pres. F.E. Marcos issued PD1508 creating Katarungang
Pambarangay or Barangay Justice System. It is an act Establishing A System of
Amicably Settling Disputes at the Barangay Level, particularly under Lupong
Tagapayapa and Pangkat ng Tagapagkasundo. These groups primarily
administered the procedures in settling disputes among barangay members
through mediation, conciliation and arbitration with the following objectives:
* To promote the speedy administration of justice;
* To minimize the indiscriminate filing of cases in courts;
* To minimize the congestion of court dockets and thereby enhance the quality
of justice dispensed by the courts;
* To perpetuate and recognize the time-honored tradition of amicably settling
disputes at the community level.
PD1508 was repealed when RA 7160 (Local Government Code of 1991) was
signed into law on October 10, 1991. However, all cases decided pursuant to
PD1508 were still considered applicable. On October 15, 1991, the SC
promulgated Revised Rule on Summary Procedure which mandates that cases
requiring referral to the Lupon for conciliation under RA 7160, where there is no
showing of compliance shall be dismissed without prejudice. (SC RR)
A - COMPOSITION OF LUPONG TAGAPAMAYAPA
a. Punong Barangay will act as chairman;
b. The members shall be between ten (10) to twenty (20); (COMP)
c. Appointed by the Punong Barangay fifteen (15) days after assumption
of his office with same term of office for three (3) years;
d. Any person actually residing or working in the barangay may be
appointed as member not otherwise disqualified by law, and possessing
integrity, impartiality, independence of mind, sense of fairness, and
reputation for probity;
e. A notice of constitution of Lupon shall be published in three (3)
conspicuous places in the barangay for not less than three (3) weeks;
f. If no opposition were made, appointment shall be made within ten (10)
days after posting thereof to be attested by the Brgy. Secretary; (A&O)
g. In barangays where majority of the inhabitants are members of
indigenous cultural communities, local systems of settling disputes
through their councils of datus or elders shall be recognized without
prejudice to the applicable provisions of this Code.
h. In the occurrence of vacancy, Punong Barangay shall appoint only for
the unexpired term;
i. Barangay Secretary shall concurrently served as Secretary of the Lupon.
 Steps in Constituting the Lupon
• STEP 1: Determining the actual number
• of Lupon Members
• STEP 2: Preparing a notice to constitute the Lupon
• STEP 3: Posting the notice to constitute the Lupon
• STEP 4: Appointment of Lupon Members
• STEP 5: Oath taking of Lupon members
• STEP 6: Posting
 Term of Office
• UPON APPOINTMENT, EACH LUPON MEMBER
SHALL SERVE FOR THREE (3) YEARS UNLESS
TERMINATED BY DEATH, RESIGNATION,
TRANSFER OF RESIDENCE OR PLACE OF WORK,
OR WITHDRAWAL OF APPOINTMENT BY THE
PUNONG BARANGAY. HOWEVER, THE
WITHDRAWAL SHOULD BE CONCURRED WITH
A MAJORITY OF ALL THE MEMBERS OF LUPON.
 Benefits of the Lupon
• THE LUPON MEMBERS SHALL SERVE WITHOUT ANY
COMPENSATION. IF THE BARANGAY HAS ENOUGH
FUNDS, WE CAN ALWAYS GIVE HONORARIA TO
LUPON MEMBERS WHO HAVE PARTICIPATED IN THE
RESOLUTION OF A PARTICULAR CASE. ON THE OTHER
HAND, UNDER COMMISSION ON HIGHER EDUCATION
(CHED) ORDER 62 SERIES OF 1997, TWO DAUGHTERS
OR SONS OF A LUPON MEMBER ARE QUALIFIED TO
BECOME A STATE SCHOLAR IN TERTIARY EDUCATION
TO ANY STATE COLLEGES OR UNIVERSITIES
 Source of Funds
• WE CAN ALWAYS ASK THE MUNICIPAL
GOVERNMENT FOR SOME ALLOCATION
REGARDING THE OPERATIONS OF LUPON
AND INCLUDE IT IN ITS ANNUAL BUDGET.
* PRIMARY FUNCTIONS OF THE LUPONG TAGAPAMAYAPA OR LUPON:
(a) Exercise administrative supervision over the conciliation panels provided
herein;
(b) Meet regularly once a month to provide a forum for exchange of ideas
among its members and the public on matters relevant to the amicable
settlement of disputes, and to enable various conciliation panel
members to share with one another their observations and experiences
in effecting speedy resolution of disputes; and
(c) Exercise such other powers and perform such other duties and functions
as may be prescribed by law or ordinance.
* PANGKAT NG TAGAPAGKASUNDO:

(a) There shall be constituted for each dispute brought before the lupon a
conciliation panel to be known as the pangkat ng tagapagkasundo,
hereinafter referred to as the pangkat, consisting of three (3) members
who shall be chosen by the parties to the dispute from the list of
members of the lupon.
Should the parties fail to agree on the pangkat membership, the
same shall be determined by lots drawn by the lupon chairman.
(b) The three (3) members constituting the pangkat shall elect from among
themselves the chairman and the secretary. The secretary shall prepare
the minutes of the pangkat proceedings and submit a copy duly attested
to by the chairman to the lupon secretary and to the proper city or
municipal court. He shall issue and cause to be served notices to the
parties concerned.
The lupon secretary shall issue certified true copies of any public record in
his custody that is not by law otherwise declared confidential.
(c) Any vacancy in the pangkat shall be chosen by the parties to the dispute
from among the other lupon members. Should the parties fail to agree
on a common choice, the vacancy shall be filled by lot to be drawn by
the lupon chairman.
(d) The lupon members, while in the performance of their official duties or
on the occasion thereof, shall be deemed as persons in authority, as
defined in the Revised Penal Code.
(e) The lupon or pangkat members shall serve without compensation, except
as provided for in Section 393* and without prejudice to incentives as
provided for in this section and in Book IV of this Code. The Department
of the Interior and Local Government shall provide for a system of
granting economic or other incentives to the lupon or pangkat members
who adequately demonstrate the ability to judiciously and expeditiously
resolve cases referred to them. While in the performance of their duties,
the lupon or pangkat members, whether in public or private
employment, shall be deemed to be on official time, and shall not suffer
from any diminution in compensation or allowance from said
employment by reason thereof.

B – SUBJECT MATTER FOR AMICABLE SETTLEMENT

The lupon of each barangay shall have authority to bring together the
parties actually residing in the same city or municipality for amicable
settlement of ALL DISPUTES.
* WHAT ARE THE CASES WHERE LUPON HAS NO JURISDICTION

1. Where one party is the government, or any subdivision or

instrumentality thereof;
2. Where one party is a public officer or employee, and the dispute relates
to the performance of his official functions;
3. Where the dispute involves real properties located in different cities and
municipalities, unless the parties thereto agree to submit their difference
to amicable settlement by an appropriate Lupon;
4. Any complaint by or against corporations, partnership or juridical
entities, since only individuals shall be parties to Barangay conciliation
proceedings either as complainants or respondents;
5. Offenses for which the law prescribes a maximum penalty of
imprisonment exceeding one (1) year or a fine over five thousand pesos
(P5,000.00);
6. Offenses where there is no private offended party;
7. Disputes involving parties who actually reside in barangays of different
cities or municipalities, except where such barangay units adjoin each
other and the parties thereto agree to submit their differences to amicable
settlement by an appropriate Lupon;
8. Disputes where urgent legal action is necessary to prevent injustice from
being committed or further continued, specifically the following:
a. Criminal cases where accused is under police custody or detention;
b. Petitions for habeas corpus by a person illegally deprived of his
rightful custody over another or a person illegally deprived or on
acting in his behalf;
c. Actions coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property and support
during the pendency of the action; and;
d. Actions which may be barred by the Statute of Limitations.
9. Any class of disputes which the President may determine in the interest
of justice or upon the recommendation of the Secretary of Justice;
10. Where the dispute arises from the Comprehensive Agrarian Reform Law;
11. Labor disputes or controversies arising from employer-employee
relations; and
12. Actions to annul judgment upon a compromise which may be filed
directly in court.
 Cases Covered
• UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL
• UTTERANCES (ART. 154);
• ALARMS AND SCANDALS (ART. 155);
• USING FALSE CERTIFICATES (ART. 175);
• USING FICTITIOUS NAMES AND CONCEALING TRUE NAMES(ART. 178);
• ILLEGAL USE OF UNIFORMS AND INSIGNIAS (ART. 179);
• PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY (ART. 252);
• GIVING ASSISTANCE TO CONSUMMATED SUICIDE (ART. 253);
• RESPONSIBILITY OF PARTICIPANTS IN A DUEL IF ONLY PHYSICAL INJURIES ARE
INFLICTED OR NO PHYSICAL INJURIES HAVE BEEN INFLICTED (ART. 260);
• LESS SERIOUS PHYSICAL INJURIES (ART. 265);
• SLIGHT PHYSICAL INJURIES AND MALTREATMENT (ART. 266);
 Cases Covered
• UNLAWFUL ARREST (ART. 269);
• INDUCING A MINOR TO ABANDON HIS/HER HOME (ART.271);
• ABANDONMENT OF A PERSON IN DANGER AND
• ABANDONMENT OF ONE’S OWN VICTIM (ART. 275);
• BANDONING A MINOR (A CHILD UNDER SEVEN [7] YEARS
OLD) (ART. 276);
• ABANDONMENT OF A MINOR BY PERONS ENTRUSTED WITH
HIS/HER CUSTODY; INDIFFERENCE OF PARENTS (ART. 277);
• QUALIFIED TRESSPASS TO DWELLING (WITHOUT THE USE OF
VIOLENCE AND INTIMIDATION). (ART. 280);
 Cases Covered
• LIGHT THREATS (ART. 283);
• OTHER LIGHT THREATS (ART. 285);
• GRAVE COERCION (ART. 286);
• LIGHT COERCION (ART. 287);
• OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE
OF MERCHANDISE AND PAYMENT OF WAGES BY MEANS
OF TOKENS). (ART. 288);
• FORMATION, MAINTENANCE AND PROHIBITION OF
COMBINATION OF CAPITAL OR LABOR THROUGH
VIOLENCE OR THREATS (ART. 289);
 Cases Covered
• DISCOVERING SECRETS THROUGH SEIZURE AND CORRESPONDENCE (ART. 290);
• REVEALING SECRETS WITH ABUSE OF AUTHORITY (ART. 291);
• THEFT (IF THE VALUE OF THE PROPERTY STOLEN DOES NOT EXCEED P50.00).
(ART. 309);
• QUALIFIED THEFT (IF THE AMOUNT DOES NOT EXCEED P500). (ART. 310);
• OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN
PROPERTY (ART 312);
• ALTERING BOUNDARIES OR LANDMARKS (ART. 313);
• SWINDLING OR ESTAFA (IF THE AMOUNT DOES NOT EXCEED P200.00). (ART.
315);
• OTHER FORMS OF SWINDLING (ART. 316);
• SWINDLING A MINOR (ART. 317);
• OTHER DECEITS (ART. 318);
• SPECIAL CASES OF MALICIOUS MISCHIEF (IF THE VALUE OF THE DAMAGED PROPERTY DOES NOT
EXCEED P1,000.00) (ART 328);
• OTHER MISCHIEFS (IF THE VALUE OF THE DAMAGED
• PROPERTY DOES NOT EXCEED P1,000.00). (ART. 329);
• 􀁘 SIMPLE SEDUCTION (ART. 338);
• 􀁘 ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE
• OFFENDED PARTY (ART 339);
• 􀁘 THREATENING TO PUBLISH AND OFFER TO PREVENT SUCH
• PUBLICATION FOR COMPENSATION (ART. 356);
• 􀁘 PROHIBITING PUBLICATION OF ACTS REFERRED TO IN THE
• COURSE OF OFFICIAL PROCEEDINGS (ART. 357);
• 􀁘 INCRIMINATING INNOCENT PERSONS (ART. 363);
• 􀁘 INTRIGUING AGAINST HONOR (ART. 364);
• 􀁘 ISSUING CHECKS WITHOUT SUFFICIENT FUNDS (BP 22);
• 􀁘 FENCING OF STOLEN PROPERTIES IF THE PROPERTY
• INVOLVED IS NOT MORE THAN P50.00 (PD 1612).
 Failure to Appear
• IF THE COMPLAINANT CANNOT APPEAR BEFORE YOU
WITHOUT JUSTIFIABLE CAUSE, HIS/HER COMPLAINT
WILL BE DISMISSED AND EVENTUALLY HE/SHE
CANNOT FILE A CASE IN COURT. HE CAN ALSO BE
PUNISHED/REPRIMANDED FOR INDIRECT CONTEMPT.
HOWEVER, IF THE RESPONDENT CANNOT ALSO
APPEAR WITHOUT JUSTIFIABLE CAUSE, HIS/HER
COUNTERCLAIM IF THERE IS ANY, WILL BE DISMISSED
AND HE WILL BE BARRED FROM FILING IN COURT AND
BE PUNISHED FOR INDIRECT CONTEMPT OF COURT.
C – STAGES OF SETTLING DISPUTES / AMICABLE
SETTLEMENT:
1. Mediation - is a process wherein the Lupon chairperson or Barangay
Chairperson ASSISTS the disputing parties to reach a settlement by
consensus that jointly satisfies their needs.
2. Conciliation - is a process wherein the Pangkat forgoes the power to
decide or recommend but assist the parties to isolate issues and options to
reach a settlement by consensus that jointly satisfies their needs.
3. Arbitration - is a process wherein the third party from outside the judicial
system is chosen by parties to hear and decide their dispute.
Complaint, How Initiated?
Upon payment of appropriate filing fee, any individual who has 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. (CF)
Amicable Settlement - is an agreement reached during mediation and
conciliation proceedings. (Settlement)
1. MEDIATION BY LUPON CHAIRMAN: (15 days)
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. (Summons)
If he fails in his mediation effort within fifteen (15) days from the first
meeting of the parties before him, he shall forthwith set a date for the
constitution of the pangkat with the conflicting parties. (Selection of Pangkat
and referral of the case)
2. CONCILIATION: (15 days)
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. 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.
 Period to arrive at a settlement (Mediation/Conciliation):
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.
Failure to arrive in amicable settlement at Mediation Stage and/or
Conciliation Stage shall mean issuance of Certification to File Action.

3. ARBITRATION: (15 days)

(a) 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.
 After signing the settlement…
• AFTER 10 DAYS, THE SETTLEMENT WILL BE
EXECUTORY AND IT HAS THE FORCE AND
EFFECT OF A DECISION OF A COURT.
Failure of the Complainant to appear before
the Pangkat
• DISMISS THE COMPLAIN
• DIRECT THE ISSUANCE OF AND ATTEST TO THE
CERTIFICATION TO BAR THE FILING OF ACTION
IN COURT OR ANY GOVERNMENT OFFICES
• APPLY WITH THE LOCAL TRIAL COURT FOR
PUNISHMENT OF THE RECALCITRANT PARTY
FOR THE INDIRECT CONTEMPT OF COURT.
 Failure of the Respondent to appear before
the Pangkat
• DISMISS THE RESPONDENTS COUNTERCLAIM
• DIRECT THE ISSUANCE OF AND ATTEST TO THE
CERTIFICATION TO BAR THE FILING OF RESPONDENT
COUNTERCLAIM IN COURT OR GOVERNMENT
OFFICE.
• TO BAR THE FILING OF RESPONDENT
COUNTERCLAIM IN COURT OR GOVERNMENT OFFICE
• TO FILE COMPLAINANT‛S ACTION IN COURT OR ANY
GOVERNMENT OFFICE
 Failure of Witness to appear
• THE PANGKAT CHAIRPERSON SHALL APPLY, IN
SIMILAR MANNER, FOR THE PUNISHMENT OF
A WITNESS WHO WILLFULLY FAILS OR
REFUSES TO APPEAR AS FOR INDIRECT
CONTEMPT OF COURT
 Successful conciliation
• AN AMICABLE SETTLEMENT SHALL BE PUT INTO
WRITING IN A LANGUAGE OR DIALECT KNOWN TO
THEM, AND ATTESTED TO BY THE LUPON CHAIRMAN OR
THE PANGKAT CHAIRMAN. IT HAS THE FORCE AND
EFFECT OF A FINAL JUDGMENT OF A COURT AFTER TEN
(10) DAYS FROM THE DATE OF AMICABLE SETTLEMENT
WAS MADE, UNLESS A PROTEST OR REPUDIATION OF
THE SETTLEMENT IS MADE. THE PANGKAT SECRETARY
SHALL PREPARE A TRANSMITTAL OF SETTLEMENT TO THE
APPROPRIATE COURT AND FILLS UP A TRANSMITTAL
FORM.
 Repudiation
• ANY OF THE INVOLVED PARTIES CAN
REPUDIATE THE SETTLEMENT WITHIN 10 DAYS
FROM THE DATE OF THE SETTLEMENT BY
FILING WITH THE LUPON CHAIRPERSON OR
PANGKAT A STATEMENT TO THAT EFFECT
SWORN BEFORE HIM. FAILURE TO REPUDIATE
THE SETTLEMENT WITHIN A TEN (10) DAY
PERIOD SHALL BE DEEMED A WAIVER OF THE
RIGHT TO CHALLENGE ON SAID GROUNDS.
 Effect of Settlement
• THE AMICABLE SETTLEMENT HAS THE FORCE AND
EFFECT OF A FINAL JUDGMENT OF A COURT UPON
THE EXPIRATION OF THE 10-DAY PERIOD OF
REPUDIATION AND THIS MAY BE ENFORCED BY
EXECUTION BY THE LUPON WITHIN 6 MONTHS
FROM THE DATE OF SETTLEMENT. AFTER THE LAPSE
OF SUCH TIME, THE SETTLEMENT MAY BE
ENFORCED BY FILING A MOTION IN THE MUNICIPAL
TRIAL COURT OF THE PLACE WHERE THE
SETTLEMENT WAS MADE.
 HOW THE SETTLEMENT CAN BE ACTUALLY EXECUTED?

• THE DISPUTANT MUST FIRST FILE A MOTION

FOR EXECUTION WITH PUNONG BARANGAY.
THEN, THE PUNONG BARANGAY CONDUCTS
HEARING ON THE DATE ASSIGNED BY THE
MOVANT. DATE SHALL NOT BE LATER THAN 5
DAYS FROM THE FILING OF MOTION.
• WITHIN 6 MONTHS FROM THE DATE OF THE
SETTLEMENT, THE LUPON THROUGH THE PUNONG
BARANGAY EXECUTES THE SETTLEMENT. BY THE
WAY, THE ACTUAL EXECUTION MAY BE IN FORM OF
MONEY. BUT IN CASE OF FAILURE TO COMPLY
VOLUNTARILY WITH THE SETTLEMENT, THE PUNONG
BARANGAY SHALL TAKE POSSESSION OF SUFFICIENT
PERSONAL PROPERTY OF THE PARTY OBLIGED. THE
PROPERTY CAN BE SOLD AND THE PROCEEDS
APPLIED TO THE AMOUNT.
• A NOTICE OF SALE SHALL BE POSTED IN 3
PUBLIC PLACES. FOR PERISHABLE GOODS
IMMEDIATELY UPON TAKING POSSESSION, THE
SALE SHOULD TAKE PLACE WITHIN 24 HOURS.
• FOR OTHER GOODS IMMEDIATELY UPON
TAKING POSSESSION, THE GOODS MUST BE
SOLD WITHIN 5 TO 10 DAYS.
• IF PROPERTY IS LOCATED IN THE BARANGAY, THE PUNONG
BARANGAY SHALL OUST FROM THE PROPERTY THE PERSON
AGAINST WHOM THE AMICABLE SETTLEMENT OR ARBITRATION
AWARD IS RENDERED AND PLACE THE PARTY ENTITLED IN
POSSESSION. IF THE PROPERTY IS OUTSIDE THE BARANGAY, BUT
WITHIN THE SAME CITY/ MUNICIPALITY, THE PUNONG BARANGAY
SHALL AUTHORIZE OTHER PUNONG BARANGAY TO TAKE
POSSESSION AND ACT IN ACCORDANCE WITH THE PRECEDING
PARAGRAPH. CONVEYANCE OF LAND,DELIVERY OF DEEDS OR
OTHER DOCUMENTS, OR PERFORMANCE OF ANY SPECIFIC ACT.
THE PUNONG BARANGAY MAY DIRECT THE SECRETARY TO
PERFORM THE ACT AT THE COST OF THE DISOBEDIENT PARTY.
COSTS WILL BE CHARGED TO THE DISOBEDIENT PARTY.
 PROPERTIES EXEMPTED FROM EXECUTION

• NOT ALL PROPERTIES MAY BE SOLD AT AN AUCTION. THE

• FOLLOWING ARE EXEMPT:
• 1. THE DEBTOR’S FAMILY HOME.
• 2. TOOLS AND IMPLEMENTS NECESSARILY USED BY HIM/ HER IN HIS
TRADE OR EMPLOYMENT.
• 3. 2 HORSES, OR 2 COWS OR 2 CARABAOS OR OTHER BEASTS OF BURDEN
SUCH AS THE DEBTOR MAY SELECT AND ARE NECESSARILY USED BY
HIM/HER IN HIS/HER ORDINARY OCCUPATION.
• 4. NECESSARY CLOTHING FOR DEBTOR AND FAMILY.
• 5. HOUSEHOLD FURNITURE AND UTENSILS NECESSARY FOR
HOUSEKEEPING.
• 6. PROVISIONS FOR INDIVIDUAL OR FAMILY USE SUFFICIENT FOR FOUR
MONTHS.
• 7. PROFESSIONAL LIBRARIES OF ATTORNEYS, JUDGES, PHYSICIANS,
PHARMACISTS, DENTISTS, ENGINEERS, SURVEYORS, CLERGYMEN,
TEACHERS AND OTHER PROFESSIONALS.
• 8. ONE FISHING BOAT, NET AND OTHER FISHING PARAPHERNALIA OF THE
PARTY WHO IS A FISHERFOLK BY THE LAWFUL USE OF WHICH S/HE EARNS
A LIVELIHOOD.
• 9. SO MUCH OF THE EARNINGS OF THE PARTY OBLIGED FOR HIS/HER
PERSONAL SERVICES WITHIN THE MONTH PRECEDING THE LEVY AS ARE
NECESSARY FOR HIS/HER FAMILY’S SUPPORT.
• 10. ALL MONEYS, BENEFITS, PRIVILEGES OR ANNUITIES, ACCRUING IN ANY
MANNER OR GROWING OUT OF ANY LIFE INSURANCE NOT EXCEED
P100,000.00
• 11. THE RIGHT TO RECEIVE LEGAL SUPPORT OR MONEY OR PROPERTY
OBTAINED AS SUCH SUPPORT OR ANY PENSION OR GRATUITY FROM THE
GOVERNMENT, AND
• 12. COPYRIGHTS AND OTHER PROPERTIES ESPECIALLY EXEMPTED BY LAW.
 ARBITRATION PROCEDURE
1. The Arbiter orders the its secretary to call the case;
2. The Secretary identifies and enter into record all appearances from both
parties;
3. The Arbiter calls the complainant to present his/her case together with
his/her evidence. Any person who is to give testimony before an
arbitratiion proceeding shall be sworn to an oath to tell the truth and
nothing but the truth;
4. When a witness is necessary, he/she is summoned to testify before the
proceeding;
5. The Arbiter calls the respondent to present his/her defense, evidence and
witnesses; and
6. After the parties have completed their presentation, the case is closed for
resolution/decision.

(b) 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.
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.

Repudiation - 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 herein provided.

Transmittal of Settlement and Arbitration Award to the 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.

Execution - 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.
 “Investigation is part of a decision making
process based on factual findings of
circumstances accompanied by evidence and
complete research.”
HAM
END OF PRESENTATION….

Thank you and GOD BLESS!