7/30/13 Litigation, Appeals and Justice System - Laserna Cueva-Mercader Law Offices: Barangays have the power to issue

to issue barangay writs of execution

Barangays have the power to issue barangay writs

of execution
MOTION FOR ISSUANCE
OF BARANGAY WRIT OF EXECUTION

x x x.

17. Sec. 417 (Execution) of the LOCAL GOVERNMENT

CODE(R.A. No. 7160) provides:

“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.”

1 8.The following prov isions of the IMPLEMENT ING

RULES AND REGULAT IONS of the
KAT ARUNGANG PAMBARANGAY are relev ant:

RULE V I.—Amicable Settlement of Disputes

X x x.

SEC. 1 3. Form of settlement and award.—All settlements,

whether by mediation, conciliation or arbitration, shall
be in writing, in a languag e or dialect known to the
parties. Settlements by mediation or conciliation shall be
signed by the parties and attested by the Punong
Barangay or Pangkat Chairman, as the case may be, that
such settlement was agreed upon by the parties freely
and v oluntarily after a full understanding of its terms and
an intelligent awareness of the legal consequences
thereof.

The arbitration award shall be signed by the Punong

Barangay or all the members of the Pangkat, as the case
may be.

SEC. 1 4. Repudiation of settlement.—Any party to the

dispute may , within ten (1 0) day s from the date of the
settlement, repudiate the same by filing with the Punong
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7/30/13 Litigation, Appeals and Justice System - Laserna Cueva-Mercader Law Offices: Barangays have the power to issue barangay writs of execution

Barangay a statement to that effect sworn to before him,

where the consent is v itiated by fraud, v iolence, or
intimidation. Such repudiation shall be sufficient basis for
the issuance of the certification for filing a complaint in
court or any gov ernment office for adjudication.

Failure to repudiate the settlement within the aforesaid

time limit shall be deemed a waiv er of the right to
challenge on said grounds.

SEC. 1 5. Effect of settlement by arbitration or

conciliation.—The amicable settlement and arbitration
award shall hav e the force and effect of a final judgment of
a court upon the ex piration of ten (1 0) day s from date of
the settlement or date of receipt of the award, unless
repudiation of the settlement has been made or a petition
for nullification of the award’ has been filed before the
proper local trial court.

X x x.

SEC. 1 6. Transmittal of settlement and award to court —

Immediately upon signing the Punong Barangay or the
Pangkat Chairman, as the case may be, shall furnish
copies of the settlement or award to the parties and send
such settlement or award to the Lupon Secretary who
shall transmit the same to the local city or municipal
court within fiv e (5) day s from date of the award or, in the
case of settlement, not earlier than the elev enth nor later
than the fifteenth day from date of settlement. The
amicable settlement reached in a case referred by the
court to the Lupon pursuant to Section 2 of this Rule shall
be transmitted to the said court within the same period
prov ided in this Section for the transmittal of settlement
the local trial court.

RULE V II.—Execution of Settlement or Aw ard

SECTION 1 . Ex ecution of settlement or award.—Ex ecution

shall issue only upon the ex piration of ten (1 0) day s from
date of settlement receipt of award unless repudiation of
the settlement has been made or a petition to nullify the
award has been filed prior to the ex piration oft said
period.

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7/30/13 Litigation, Appeals and Justice System - Laserna Cueva-Mercader Law Offices: Barangays have the power to issue barangay writs of execution

SEC. 2. Modes of ex ecution.—The amicable settlement

arbitration award may be enforced by ex ecution by the
Lupon within (6) months from date of the settlement or
date of receipt of the award from the date the obligation
stipulated in the settlement or adjudged the arbitration
award becomes due and demandable. After the lapse
such time, the settlement or aw ard may be enforced by
the appropriate local trial court pursuant to the
applicable provisions of the Rules Court. X x x .

SEC. 3. Motion for ex ecution—The disputant/s may file a

motion with the Punong Barangay , copy furnished to the
other disputants, for the ex ecution of a final settlement or
award which has not been complied with.

SEC. 4. Hearing—On the day the motion for ex ecution is

filed, the Punong Barangay shall set the same for hearing
on a date agreed to by the mov ant, which shall not be
later than fiv e (5) day s from the date of the filing of the
motion. The Punong Barangay shall giv e immediate
notice of hearing to the other party .

During the hearing, the Punong Barangay shall ascertain

the fact of non-compliance with the terms of the
settlement or award. Upon such determination of non—
compliance, the Punong Barangay shall strongly urge the
party obliged to v oluntarily comply with the settlement
or award.

SEC. 5. Issuance, form and contents of the notice of

ex ecution.—The Punong Barangay shall within fiv e (5)
day s from the day of hearing, determine whether or not
v oluntary compliance can be secured. Upon the lapse of
said fiv e-day period, there being no v oluntary
compliance, he shall issue a notice of ex ecution in the
name of the Lupong Taga-pamay apa. The said notice
must intelligently refer to the settlement or award and
the amount actually due thereunder if it be for money , or
the terms thereof which must be complied with.

SEC. 6. Procedure for ex ecution:

If the ex ecution be for the pay ment of money , the party

obliged is allowed a period of fiv e (5) day s to make a
v oluntary pay ment, failing which, the Punong Barangay

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7/30/13 Litigation, Appeals and Justice System - Laserna Cueva-Mercader Law Offices: Barangays have the power to issue barangay writs of execution

shall take possession of sufficient personal property

located in the barangay , of the party obliged to satisfy the
settlement or award from the proceeds of the sale thereof
with legal interest such sale to be conducted in
accordance with the procedure herein prov ided. If
sufficient personal property ex ists, the party obliged is
allowed to point out which of them shall be taken
possession of ahead of the others. If personal property is
not sufficient to satisfy the settlement or award, the
deficiency shall be satisfied in accordance with the
applicable prov isions of the Rules of Court.

If it be for the deliv ery or restitution of property located

in the barangay , the Punong Barangay shall oust
therefrom the person against whom the settlement or
award is rendered and place the party entitled thereto in
possession of such property .

c. If it be for the deliv ery or restitution of property

located in another barangay of the same city or
municipality , the Punong Barangay issuing the notice
shall authorize the Punong Barangay of the barangay
where the property is situated to take possession of the
property and to act in accordance with paragraph (b)
hereof.

d. If a settlement or award directs a party to ex ecute a

conv ey ance of land, or to deliv er deeds or other
documents, or to perform any other specific act, and the
party fails to comply within the time specified, the
Punong Barangay may direct the Lupon Secretary to
perform the act at the cost of the disobedient party and
the act when so done shall h aw like effects as if done by
the party .

X x x.

SEC. 1 1 . Entry of satisfaction of settlement or award by

barangay secretary or Punong Barangay .—The
satisfaction of a settlement or award shall be entered by
the Punong Barangay or barangay secretary in his record
upon the return by the Punong Barangay of an ex ecution
satisfied, or upon the filing of an admission of satisfaction
of the settlement or

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7/30/13 Litigation, Appeals and Justice System - Laserna Cueva-Mercader Law Offices: Barangays have the power to issue barangay writs of execution

SEC. 1 2. Other cases of ex ecution.—In all other case not

herein prov ided for, the applicable prov isions of the
Rules of Court shall apply .

X x x.

WHEREFORE, premises considered, it is respectfully prayed

that after the required notice, a BARANGAY WRIT OF EXECUTION be
forthwith issued by the Honorable Barangay to enable the Barangay
Secretary, the Sheriff and the concerned local police authorities as may
be authorized by the Honorable Barangay to fully enforce and implement
the lawful, valid and unrevoked/unrepudioated BARANGAY
COMPRIMISEreferred to in this Petition, including, but not necessarily
limited to, theDEMOLITION AND REMOVAL of the house and other
improvements of the respondents in the subject property.

FURTHER, the petitioners respectfully pray for such and other

reliefs as may be deemed just and equitable in the premises.

xxx City, xxx 2011.

Xxx
Lead Petitioner
In Her Own Behalf
And In Behalf of Her
Abovenamed Co-
Petitioners.
Xx x St., x x x City .
Senior Citizen’s ID No.
xxx
Issued in x x x City
On x x x 2009

VERIFICAT ION
AND
ANT I-FORUM SHOPPING CERT IFICAT ION

I, x x x , of legal age, widow, Filipino, and with postal address at

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7/30/13 Litigation, Appeals and Justice System - Laserna Cueva-Mercader Law Offices: Barangays have the power to issue barangay writs of execution

x x x St., x x x City , under oath, depose: that I am the lead mov ant in
the foregoing motion; that I caused the preparation thereof; that I
hav e read its contents; and that the same are true and correct of my
own direct, personal knowledge; further, that my co-petitioners hav e
ex ecuted their respectiv e special powers of attorney empowering me
to commence this suit and to ex ecute the v erification and anti-forum
shopping certification hereof.

Further, pursuant to Rule 7 of the 1 997 Rules of Civ il Procedure

and ex isting Supreme Court circulars, I hereby certify that I hav e not
heretofore commenced any other action or proceeding inv olv ing the
same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency ; that to the best of my knowledge, no such action
or proceeding is pending in the Supreme Court, the Court of Appeals,
or any other tribunal or agency ; and that if I should hereafter learn
that other similar or related actions or proceedings has been filed or
is pending before the Supreme Court, the Court of Appeals, or any
other tribunal or agency , I undertake to report that fact within fiv e
(5) day s therefrom to this court.

Xx x City , x x x 201 1 .

Xxx
Lead Petitioner
In Her Own Behalf
And In Behalf of Her
Abovenamed Co-
Petitioners.
x x x St., x x x City .
Senior Citizen’s ID No.
xxx
Issued in x x x City
On x x x 2009

SUBSCRIBED and sworn to before me in x x x City this ____ day

of x x x 201 1 , affiant showing her competent proof of identity as
stated abov e.

NOTARY PUBLIC

Doc. No. ____

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Page No. ____

Book No. ____
Series of 201 1

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