KATARUNGANG PAMBARANGAY

1 AHANDBOOKKATARUNGANGPAMBARANGAYPHILIPPIN ES-CANADALOCAL GOVERNMENT SUPPORTPROGRAMK atarungang PAMBARANGAY : A HandbookWRITERSM aricel VigoAtty. Marlon Manuel, SALIGANTECHNICAL AND EDITORIAL TEAMAtty. Marlon Manuel, SALIGAND ivina Lopez, LGSPMyn Garcia, LGSPVic Alfaro, LGSPE dgar Catalan, LGSPR aissa Jajurie, SALIGAN MindanaoRaymond Salas, SALIGAN MindanaoPedrito Acosta, Region 12 Liza del Norte, IPHCA llan Carpio, RCEDILLUSTRATIONS AND COVER DESIGNA rnold BeroyaART DIRECTION AND LAYOUTA lecks P. Pabico/Disenyong MagilasA HANDBOOKKATARUNGANGPAMBARANGAYK atarungang PAMBARANGAY : A HandbookCopyright 2004 Philippines-Canada Local GovernmentSupport Program (LGSP)All rights reservedThe Philippines- Canada Local Government SupportProgram (LGSP) encourages the use, translation, andadaptation and copying of this material for non-commercialuse, with appropriate credit given to reasonable care has been taken in thepreparation of this handbook, neither the publisher and/orcontributor and/or writer can accept any liability for anyconsequence arising from the use thereof or from anyinformation contained 971-92952-0-1 Printed and bound in Manila, PhilippinesPublished by:Sentro ng Alternatibong Lingap Panligal (SALIGAN)1/F Hoffner Bldg.

2 , Social Development ComplexAteneo de Manila University, Loyola Heights, 1108 Quezon City, Philippines (632) 4266001 local 4858 or 4860 Philippines-Canada Local Government SupportProgram (LGSP)Unit 1507 Jollibee PlazaEmerald Avenue, 1600 Pasig City, Philippines (632) 637 project was undertaken with the financial support ofthe Government of Canada provided through the CanadianInternational Development Agency (CIDA).IMPLEMENTED BYA JOINT PROJECT OFAgriteam of CanadianMunicipalities (FCM) of the Interiorand Local Government (DILG)National Economic andDevelopment Authority (NEDA)Canadian InternationalDevelopment AgencyProgramme de soutien auxgouvernments locauxPHILIPPINES-CANADALOCAL GOVERNMENTSUPPORT PROGRAMF orewordAcknowledgementsPrefaceDefinition of TermsIntroductionPART 1: ACTUAL PROCESSESC hapter 1 Constitution of the LuponChapter 2 Mediation throughthe Punong BarangayChapter 3 Conciliation throughthe Pangkat TagapagkasundoChapter 4 ArbitrationChapter 5 Indigenous Modes of DisputeResolutionPART 2.

3 BENEFITS, INCENTIVES AND AWARDSC hapter 1 ScholarshipsChapter 2 Incentives and AwardsAnnexes KATARUNGANG PAMBARANGAY FormsKP Form # 1KP Form # 2KP Form # 3KP Form # 4KP Form # 5KP Form # 6KP Form # 7KP Form # 8KP Form # 9KP Form # 10KP Form # 11KP Form # 12KP Form #13KP Form #14 CONTENTS viiixxixiii19203352586973 Notice to Constitute the LuponAppointment LetterNotice of AppointmentList of Appointed Lupon MembersLupon Member Oath StatementWithdrawal of AppointmentComplainant s FormNotice of HearingSummon for the RespondentNotice for Constitution of PangkatNotice to Chosen Pangkat MemberNotice of Hearing (Conciliation Proceedings)Subpoena LetterAgreement for ArbitrationKP Form # 15KP Form # 16KP Form # 17KP Form # 18KP Form # 19KP Form # 20KP Form # 21KP Form # 22KP Form # 23KP Form # 24KP Form # 25KP Form # 26KP Form # 27KP Form # 28 Arbitration AwardAmicable SettlementRepudiationNotice of Hearing for ComplainantNotice of Hearing for RespondentCertification to File Action (from Lupon Secretary)Certification to File Action (from Pangkat Secretary)Certification to File ActionCertification to Bar ActionCertification to Bar CounterclaimMotion for ExecutionNotice of Hearing (Re: Motion for ExecutionNotice of ExecutionMonthly Transmittal of Final ReportsKATARUNGANG PAMBARANGAYIT has always been a source of pride for us in theDepartment of the Interior and Local Government tobear witness to outstanding initiatives of partners inlocal governance.)

4 We are therefore pleased toacknowledge the latest publication of the Philippines-Canada Local Government Support Program (LGSP), KATARUNGANG PAMBARANGAY : A Act 7160, otherwise known as the 1991 Local Government Code, gives barangays themandate to enforce peace and order and providesupport for the effective enforcement of humanrights and justice. Decentralization has facilitated therecognition of the KATARUNGANG PAMBARANGAY orBarangay Justice System as an alternative venue forthe resolution of disputes. The challenge facing localgovernments now is to maximize and harness thekatarungang PAMBARANGAY as one of the mostvaluable mechanisms available in administeringjustice, advancing human rights protection andresolving and/or mediating conflict at the barangaylevel through non-adversarial PAMBARANGAY : A Handbookprovides local governments an easy-to-use tool withwhich to take up this challenge.

5 It fills the need toincrease the awareness and understanding ofkatarungang PAMBARANGAY and its value as anempowering and alternative tool for the resolution ofcommunity and family disputes at the barangaylevel. With the fast-evolving demand for access tojustice, there is a need to utilize this mechanismmore strategically and proactively as a way topromote peace at the grassroots. The PunongBarangay (Barangay Heads), members of the LupongTagapamayapa (Peace Council) and communities willFOREWORDviiA HANDBOOK benefit greatly from this publication. Moreover,development workers, the academe and non-governmental and people s organizations will alsofind this handbook useful in their work on undertaking complements the efforts of theDILG to popularize and mainstream governanceknowledge products through the Local GovernmentAcademy and the agency s regional learning handbook provides a means for improvedaccess to dispute resolutions and will go a long waytowards enhancing knowledge on and strengtheningbarangay governance and justice.

6 The DILG,therefore, congratulates the Philippines-Canada LocalGovernment Support Program for its commitmentand meaningful contributions to promotingexcellence in barangay governance as an integralelement of good, responsive and accountable JOSE D. LINA of the Interior and Local GovernmentviiiKATARUNGANG PAMBARANGAYTHE support, collaboration and creative contributionsof the following individuals and institutions areinvaluable and were essential to the completion ofthis publication:The Philippines-Canada Local Government SupportProgram led by Alix Yule and Marion MacedaVillanueva for providing the necessary direction andsupportThe Sentro ng Alternatibong Lingap Panligal(SALIGAN), especially Atty. Marlon J. Manuel, for theirpartnershipMaricel Vigo for the overall writeup and excellenttechnical contributionLGSP Area Managers Tess Gajo, Merlinda Hussein,Evelyn Jiz and LGSP Program Officers namely VicAlfaro, Edgar Catalan, Abduljim Hassan and CrisTagupa for their invaluable collaborationLGSP Local Resource Partners Raissa Jajurie andRaymond Salas of SALIGAN Mindanao, Pedrito Acosta(Reg 12), Liza del Norte of Institute of Primary HealthCare (IPHC), Allan Carpio of Resource Center forEmpowerment and Development (RCED)

7 For theirtechnical contributionDivina Luz Lopez for her overall project managementand technical expertise in ensuring the quality of thispublicationMyn Garcia for providing technical and creativedirection, and overall supervision of the design,layout and productionACKNOWLEDGEMENTSixA HANDBOOKA rnold Beroya for the illustrations and Alecks Pabicofor layout and overall art directionRaymond Oliveros, Janilo Rubiato and TessTajanlangit for the translation of the handbook toTagalog, Cebuano and Ilonggo, respectivelyRia Adapon and Sef Carandang for overallcoordination and editorial workGigi Barazon and the rest of the LGSP administrativestaff for providing PAMBARANGAYKATARUNGANG PAMBARANGAY : A Handbook is thelatest publication of the Philippines-Canada LocalGovernment Support Program (LGSP) as part of itsmandate to mainstream effective and responsivebarangay Act 7160 or the Local Government Codeof 1991 expanded the scope and powers of theKatarungang PAMBARANGAY or the Barangay JusticeSystem designed not merely to decongest the courtsof cases but to address inequalities in access tojustice, particularly experienced by marginalizedcommunities.

8 The barangays, being the basicpolitical unit in the country, is in the most strategicposition to facilitate resolution or mediation ofcommunity and family disputes, alongside itsmandate to deliver basic empowering local government units in WesternVisayas and Mindanao, LGSP has designed initiativesthat strengthen barangay governance, includingenhancing and mainstreaming the use of and accessto the barangay justice system. The KatarungangPambarangay: A Handbook was designed to providea user-friendly, easy to read and simple tool topromote the knowledge of the katarungangpambarangay as an effective alternative mechanismfor dispute handbook aims to increase theunderstanding of the Punong Barangays (barangayheads) and members of the Lupong Tagapamayapa(Barangay Peace Council) on the processes andprocedures of the barangay justice system to enablethem to maximize its use in their communities.

9 It isalso intended to provide a practical overview for thePREFACExiA HANDBOOK members of the communities paralegals, non-government and people s organizations regardingthe role and benefits of the katarungangpambarangay in their doing so, LGSP hopes that it would somehowmake a difference in people s lives by contributing toa better understanding and strategic administrationof the barangay justice system. KatarungangPambarangay: A Handbook is a modest contributionto creating greater awareness of an alternative towhat can be an elitist and complex legal system,often characterized by an arduous legal process. Thispublication is a way to empower grassrootscommunities to exact their basic rights and providethem a viable way to do Philippines-Canada Local GovernmentSupport ProgramxiiKATARUNGANG PAMBARANGAYA djudication is the power of courts or quasi-judicialagencies to decide cases filed before them andfalling within their Settlement is an agreement reachedduring mediation and conciliation is a process wherein the third partyfrom outside the judicial system is chosen by partiesto hear and decide their Award is the decision reached by eitherthe lupon chairperson or pangkat, as the case maybe.

10 Upon prior agreement in writing by the parites toa dispute for the adjudicators to resolve is a provisional remedy in the form ofan order issued by a judge before whom the case ispending by which the property is taken into legalcustody as security for satisfaction of a judgmentobtained by the prevailing party, either at thecommencement of the action or any time after thefiling of the case before the final judgmentComplainant plaintiffComplaint is a concise statement of ultimate factsconstituting the plaintiff s cause and causes is a process wherein the Pangkatforgoes the power to decide or recommend but assistthe parties to isolate issues and options to reach asettlement by consensus that jointly satisfies theirneedsDEFINITION OFTERMS xiiiA HANDBOOKD elivery of Personal Property (Replevin) isprovisional remedy by which a judge before whoman action is pending for the recovery of personalproperty issues an order for the delivery of suchproperty to the movant or the party filing the petitionupon filing of a bond to guarantee its return or toanswer for the is the process of exacting satisfaction foron or both of the parties through compulsory orcoercive means.