Académique Documents
Professionnel Documents
Culture Documents
PROCEEDINGS
JOMER REALES
CIVIL PROCEDURE
AUGUST 15, 2015
OUTLINE OF THE PRESENTATION
Introduction
Constitution of the Lupon
Mediation through the Punong Barangay
Conciliation through the Pangkat Tagapagkasundo
Arbitration
Indigenous modes of dispute resolution
Introduction
Punong Barangay
Lupon members
Appointed by the Punong Barangay (exclusive prerogative)
No need for approval, confirmation or ratification of the
Sanguniang Barangay
Minimum of 10 and maximum of 20 lupon members
What is the next step after the complainant has paid the filing
fee?
The Punong Barangay should issue a notice of hearing to the complainant
and summon the respondent both of whom should appear in the office.
The Punong Barangay will not resolve the case but will help the
parties resolve their case.
If parties agreed for a settlement, the agreement must be put
into writing in a language or dialect known to parties
After 10 days, the settlement will be executory nad it has the
force and effect of a decision of a court.
In case of fraud, threat or intimidation, any party can protest
the settlement within 10 days.
If mediation through punong barangay fails, the case will go to
a group of conciliators known and respected by both parties,
the Pangkat Tagapagsundo.
Conciliation Through the Pangkat Tagapagsundo
The three members of the pangkat shall come from the Lupon
and will be chosen by both parties, the complainant and the
respondent.
Conciliation Through the Pangkat Tagapagsundo
Execution shall issue upon the expiration of ten (10) days from
date of settlement or receipt of award.
The amicable settlement or award may be enforced by execution
by the Lupon within 6 months from date of the settlement or
date of receipt of the award or from the date the obligation
stipulated or adjudged in the settlement becomes due and
demandable. After the lapse of such time, the settlement or
award may be enforced by the appropriate local court pursuant
to the applicable provisions of the Rules of court.
The disputants may file a motion with the Punong Barangay,
copy furnished to the other disputants, for the execution of a
final settlement or award which has not been complied with.
Execution of Award or Settlement
The disputant must first file a motion for execution with Punong
Barangay.
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.
During the hearing, the punong barangay shall ascertain the facts for
the non-compliance of settlement and strongly encourage the party
obliged to comply with settlement.
After the lapse of 5 days with no voluntary compliance, the punong
barangay shall issue a notice of execution.
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.
Arbitration