CRIM 6 MIDTERMS

7. Mediator- means a person who conducts

“Push yourself, because no is going to do it for mediation.
you.” 8. Non-Party Participant- means a person,
other than a party or mediator, who
The Advisory Council participates in a mediation proceeding as a
Role of the Advisory Council witness, resource person or expert.
The Advisory Council is responsible to
advise the Executive Director on policy, Selection of a Mediator
operational and other relevant matters. The The parties have the freedom to select their
Council shall meet regularly, at least once every mediator. The parties may request the OADR to
two months, or upon call by the Executive provide them with a list or roster or the resumes of
Director. its certified mediators. The OADR may be
requested to inform the mediator of his/her
Composition of the Advisory Council selection.
 Mediation profession
 Arbitration profession Replacement of Mediator
 ADR organizations If the mediator selected is unable to act as such for
 IBP any reason, the parties may, upon being informed of
 Academe such fact, select another mediator.

The Mediation Process Refusal or Withdrawal of Mediator

Mediation is a voluntary process in which a A mediator may refuse from acting as such,
mediator, selected by the disputing parties, withdraw or may be compelled to withdraw, from
facilitates communication and negotiation, and the mediation proceedings under the following
assists the parties in reaching a voluntary circumstances:
agreement regarding a dispute. The following  If any of the parties so requests the mediator
are important terms to consider: to withdraw.
1. Ad hoc Mediation- means any mediation  The mediator does not have the
other than institutional or court-annexed. qualifications, training and experience to
2. Institutional Mediation- means any enable him/her to meet the reasonable
mediation administered by, and conducted expectations of the parties.
under the rules of, a mediation institution.  Where the mediator’s impartiality is in
3. Court-Annexed Mediation- means any question.
mediation process conducted under the  If continuation of the process would violate
auspices of the court and in accordance with any ethical standards.
Supreme Court approved guidelines, after  If the safety of any of the parties would be
such court has acquired jurisdiction of the jeopardized.
dispute.  If the mediator is unable to provide effective
4. Court-Referred Mediation- means services.
mediation ordered by a court to be  In case of conflict of interest.
conducted in accordance with the agreement  In any of the following instances, if the
of the parties when an action is prematurely mediator is satisfied that:
commenced in violation of such agreement. a. one or more of the parties is/are not acting
5. Certified Mediator- means a mediator in good faith
certified by the Office for ADR as having b. the parties’ agreement would be illegal or
successfully completed its regular involve the commission of a crime
professional training program. c. continuing the dispute resolution would
6. Mediation Party- means a person who give rise to an appearance of impropriety
participates in mediation and whose consent
is necessary to resolve the dispute.
CRIM 6 MIDTERMS
d. continuing with the process would cause 2. The mediator shall help the parties reach a
significant harm to a non-participating person or satisfactory resolution of their dispute but
to the public has no authority to impose a settlement on
e. continuing discussions would not be in the the parties.
best interest of the parties, their minor children or 3. The parties shall personally appear for
the dispute resolution process. mediation and may be assisted by a lawyer.
A party may be represented by an agent who
The Ethical Conduct of Mediator must have full authority to negotiate and
1. Competence  settle the dispute.
2. Impartiality 4. The mediation process shall, in general,
3. Confidentiality consist of the following stages:
4. Consent and Self-Determination * opening statement of the mediator
*individual narration by the parties
Charging of Fees *exchange by the parties
a. A mediator shall fully disclose and explain *summary of issues
to the parties the basis of cost, fees and *generation and evaluation of options; and
charges. *closure
b. The mediator who withdraws from the 5. The mediation proceeding shall be held in
mediation shall return to the parties any private. Persons, other than the parties, their
unearned fee and unused deposit. representatives and the mediator, may attend
c. A mediator shall not enter into a fee only with the consent of all the parties
agreement which is contingent upon the 6. The mediation shall be closed:
results of the mediation or the amount of the *by the execution of a settlement agreement
settlement. by the parties
*by the withdrawal of any party from
Solicitation or Acceptance of any gift mediation; and
No mediator or any member of a mediator’s *by the written declaration of the mediator
immediate family or his/her agent shall request, that any further effort at mediation would
solicit, receive or accept any gift or any type of not be helpful.
compensation other than the agreed fee and
expenses in connection with any matter coming Place of Mediation
before the mediator. Agreement of Parties on the Place of
Mediation
Designation of Counselor any Person to Assist The parties are free to agree on the place of
Mediation mediation. Failing such agreement, the place of
A party may designate a lawyer or any other mediation shall be any place convenient and
person to provide assistance in the mediation. A appropriate to all parties.
waiver of this right shall be made in writing by
the party waiving it. A waiver of participation or Confidentiality of Information
legal representation may be rescinded at any time. Information obtained through mediation
proceedings shall be subject to the following
Conduct of Mediation principles and guidelines:
The following articles shall be considered in the 1. Information obtained through mediation
conduct of mediation shall be privileged and confidential.
1. The mediator shall not make untruthful or 2. A party, mediator, or non-party participant
exaggerated claims about the dispute may refuse to disclose and may prevent any
resolution process, its costs and benefits, its other person form disclosing a confidential
outcome or the mediator’s qualifications and information.
abilities during the entire mediation process.
CRIM 6 MIDTERMS
3. Confidential information shall not be subject participant, or representative of a party based on
to discovery and shall be inadmissible in any conduct occurring during mediation.
adversarial proceeding, whether judicial or 1. If a court or administrative agency finds,
quasi-judicial.  after a hearing in camera, that the party
4. In such an adversarial proceeding, the seeking discovery of the proponent of the
following persons involved or previously evidence has shown that the evidence is not
involved in a mediation may not be otherwise available, that there is a need for
compelled to disclose confidential the evidence that substantially outweighs the
information obtained during the mediation: interest in protecting confidentiality, and the
* the parties to the dispute mediation communication is sought or
* the mediator or mediators offered in:
* the counsel for the parties  A court proceeding involving a crime
* the non-party participants or felony
* any person hired or engaged in connection  A proceeding to prove a claim or
with the mediation as secretary, defense that under the law is
stenographer, clerk or assistant and sufficient to reform or avoid a
* any other person who obtains or possesses liability on a contract arising out of
confidential information by reason of his/ the mediation.
her profession.  A mediator may not be compelled to
provide evidence of a mediation
Exceptions to the Privilege of Confidentiality of communication or testify in such
Information proceeding.
1. There is no privilege against disclosure in  If a mediation communication is not
the following instance: privileged under an exception in
* in an agreement evidenced by a record paragraph (a) or (b), only the portion
authenticated by all parties to the agreement of the communication necessary for
*available to the public or made during a the application of the exception for
session of a mediation which is open, or is non-disclosure may be admitted. The
required by law to be open, to the public. admission of a particular evidence
* a threat or statement of a plan to inflict for the limited purpose of an
bodily injury or commit a crime of violence exception does not render that
*intentionally used to plan a crime, attempt evidence, or any other mediation
to commit, or commit a crime, or conceal an communication, admissible for any
ongoing crime or criminal activity other purpose.
*sought or offered to prove or disprove
abuse, neglect, abandonment or exploitation in a Fees and Cost of Mediation
proceeding in which a public agency is protecting Fees and Cost of Ad Hoc Mediation
the interest of an individual protected by law; but In ad hoc mediation, the parties are free to
this exception does not apply where a child make their own arrangement as to mediation cost
protection matter is referred to mediation by a and fees. In default thereof, the schedule of cost
court or where a public agency participates in the and fees to be approved by the OADR shall be
child protection mediation followed.
*sought or offered to prove or disprove a Fees and Cost of Institutional Mediation
claim, or complaint of professional misconduct or a. In institutional mediation, mediation cost
malpractice filed against a mediator in a shall include the administrative charges of
proceeding the mediation institution under which the
*sought or offered to prove or disprove a parties have agreed to be bound, mediator’s
claim or complaint of professional misconduct or fees and associated expenses, if any. In
malpractice filed against a party, nonparty default of agreement of the parties as to the
CRIM 6 MIDTERMS
amount and manner of payment of Number of Arbitrators
mediation’s cost and fees, the same shall be The parties are free to determine the number
determined in accordance with the of arbitrators. Failing such determination, the
applicable internal rules of the mediation number of arbitrators shall be three.
service providers under whose rules the
mediation is conducted. Appointment of Arbitrators
b. A mediation service provider may determine a. No person shall be precluded by reason of
such mediation fee as is reasonable taking his/her nationality from acting as an
into consideration the following factors, arbitrator, unless otherwise agreed by the
among others: parties.
c. The complexity of the case b. The parties are free to agree on a procedure
d. The number of hours spent in mediation of appointing the arbitrator or arbitrators.
e. The training, experience and stature of c. Failing such agreement:
mediators a. In an arbitration with three
arbitrators each party shall appoint
INTERNATIONAL COMMERCIAL one arbitrator, and the two arbitrators
ARBITRATION thus appointed shall appoint the third
As its name suggests, involves the resolution arbitrator within thirty days of
of disputes between parties located in receipt of a request to do so from the
different countries and, in many cases, who other party, or if the two arbitrators
come from vastly different cultures. It is fail to agree on the third arbitrator
a means of resolving disputes arising within thirty days of their
under international commercial appointment, the appointment shall
contracts. It is used as an alternative to be made, upon request of a party, by
litigation and is controlled primarily by the the appointing authority
terms previously agreed upon by the b. In an arbitration with a sole
contracting parties, rather than by national arbitrator, if the parties are unable to
legislation or procedural rules. agree on the arbitrator, he/she shall
be appointed, upon request of a
ARBITRATION AGREEMENT party, by the appointing authority.
The arbitration agreement shall be in d. Where under appointment procedure agreed
writing. An agreement is in writing if it is upon by the parties,
contained in a document signed by the parties or  A party fails to act as required under
in an exchange of letters, telex, telegrams or other such procedure
means of telecommunication which provide a  The parties, or two arbitrators, are
record of the agreement, or in an exchange of unable to reach an agreement
statements of claim and defense in which the expected of them under such
existence of an agreement is alleged by one party procedure
and no denied by another. The reference in a  A third party, including an institution
contract to a document containing an arbitration fails to perform any function
clause constitutes an arbitration agreement entrusted to it under such procedure,
provided that the contract is in writing and the any party may request the appointing
reference is such as to make that clause part of authority to take the necessary
the contract.  measure to appoint an arbitrator
unless the agreement on the
appointment procedure provides
other means for securing the
appointment.
Composition of Arbitral Tribunal e. A decision on a matter entrusted shall be
immediately executory and not be subject to
CRIM 6 MIDTERMS
a motion for reconsideration or appeal. The written statement of the reasons for the
appointing authority shall have in appointing challenge to the arbitral tribunal. Unless the
an arbitrator, due regard to any challenged arbitrator withdraws from his/her
qualifications required of the arbitrator by office or the other party agrees to the
the agreement of the parties and to such challenge, the arbitral tribunal shall decide
considerations as are likely to secure the on the challenge.
appointment of an independent and impartial 3. If a challenge under any procedure agreed
arbitrator and, in the case of a sole or third upon by the parties is not successful, the
arbitrator. challenging party may request the appointing
authority within thirty (30) days after having
received notice of the decision rejecting the
“Success is not final; challenge, to decide on the challenge, which
Failure is not fatal; decision shall be immediately executory and
It is the courage to continue that counts.” not subject to motion for reconsideration or
—Winston S. Churchill appeal. While such a request is pending, the
arbitral tribunal, including the challenged
Grounds for Challenge arbitrator, may continue the arbitral
a. When a person is approached in connection proceedings and make an award.
with his/her possible appointment as an
arbitrator, he/she shall disclose any Failure of Impossibility to Act
circumstance likely to give rise to justifiable 1. If an arbitrator becomes dejure or de facto
doubts as to his/her impartiality or unable to perform his/her functions or for
independence. An arbitrator, from the time other reasons fails to act without undue
of his/her appointment and throughout the delay, his/her mandate terminates if he/she
arbitral proceedings shall, without delay, withdraws from his/her office or if the
disclose any such circumstance to the parties parties agree on the termination. Otherwise,
unless they have already been informed of if a controversy remains concerning any of
them by him/her. these grounds, any party may request the
appointing authority to decide on the
b. An arbitrator may be challenged only if termination of the mandate, which decision
circumstances exist that give rise to shall be immediately executory and not
justifiable doubts as to his/her impartiality or subject to motion for reconsideration or
independence, or if he/she does not possess appeal.
qualifications agreed to by the parties. A 2. If an arbitrator withdraws from his/her office
party may challenge an arbitrator appointed or a party agrees to the termination of the
by him/her, or in whose appointment he/she mandate of an arbitrator, this does not imply
has participated, only for reasons of which acceptance of the validity of any ground.
he/she becomes aware after the appointment
has been made. Appointment of Substitute Arbitrator
Where the mandate of an arbitrator
Challenge Procedure terminates under the provisions on Challenge
1. The parties are free to agree on a procedure Procedure and Failure or impossibility to Act or
for challenging an arbitrator, subject to the because of his/her withdrawal from the office for
provisions of the rule. any other reason or because of the revocation of
2. Failing such agreement, a party who intends his/her mandate by agreement of the parties in
to challenge an arbitrator shall, within fifteen any other case of termination of his/her mandate,
(15) days after becoming aware of the a substitute arbitrator shall be appointed
constitution of the arbitral tribunal or after according to the rules that were applicable to the
becoming aware of any circumstance, send a appointment of the arbitrator being replaced.
CRIM 6 MIDTERMS
Conduct of Arbitral Proceedings Statements of Claim and Defense
Equal Treatment of Parties
 The parties shall be treated with equality and  Within the period of time agreed by the
each party shall be given a full opportunity parties or determined by the arbitral tribunal,
of presenting his/her case. the claimant shall state the facts supporting
Place of Arbitration his/her/its claim, its points at issue and the
 The parties are free to agree on the place of relief or remedy sought and the respondent
arbitration. Failing such agreement, the place shall state his/her/its defense in respect of
of arbitration shall be in Metro Manila these particulars, unless the parties have
unless the arbitral tribunal, having regard to otherwise agreed as to the required elements
the circumstances of the case, including the of such statements. The parties may submit
convenience of the parties, shall decide on with their statements; all documents they
different place of arbitration. consider or may add a reference to the
 Notwithstanding the rule stated in paragraph documents or other evidence they will
(a) the arbitral tribunal may, unless submit.
otherwise agreed by the parties, meet at any
place it considers appropriate for  Unless otherwise agreed upon by the parties,
consultation among its members for hearing either party may amend or supplement
witnesses, experts or the parties or for his/her claim or defense during the course of
inspection of goods, other property or the arbitral proceedings, unless the arbitral
documents. tribunal considers it inappropriate to allow
such amendment having regard to the delay
Commencement of Arbitral Proceedings in making it.
 Unless otherwise agreed by the parties, the
arbitral proceedings in respect of a particular Default of a Party
dispute commence on the date on which a Unless otherwise agreed by the parties, if, without
request for that dispute to be referred to showing sufficient cause,
arbitration is received by the respondent.  The claimant fails to communicate his
statement of claim in accordance with the
Language provisions of Statement of Claim and
1. The parties are free to agree on the language Defense, the arbitral tribunal shall terminate
or languages to be used in the arbitral the proceedings.
proceedings. Failing such agreement, the  The respondent fails to communicate
language to be used shall be English. This his/her/its statement of defense in
agreement, unless otherwise specified accordance with the provisions of Statement
therein, shall apply to any written statement of Claim and Defense, the arbitral tribunal
by a party, any hearing and any award, shall continue the proceedings without
decision or other communication by the treating such failure in itself as an admission
arbitral tribunal. of the claimant’s allegations.
2. The arbitral tribunal may order that any  Any party fails to appear at a hearing or to
documentary evidence shall be produce documentary evidence, the arbitral
accommodated by a translation into the tribunal may continue the proceedings and
language or languages agreed upon by the make the award on the evidence before it.
parties or determined by the arbitral tribunal
in accordance with paragraph (1) . Expert Appointed by the Arbitral Tribunal
Unless otherwise agreed by the parties, the
arbitral tribunal,
CRIM 6 MIDTERMS
 May appoint one or more experts to report it  The award shall state the reasons upon
on specific issues to be determined by the which it is based, unless the parties have
arbitral tribunal; or agreed that no reasons are to be given or the
 May require a party to give the expert any award is an award on agreed terms under the
relevant information or to produce, or to provisions of Place of Arbitration
provide access to any relevant documents, its  The award shall state its date and the place
goods or other property for his/her of arbitration. The award shall be deemed to
inspection. have been made at that place.
 After the award is made, a copy signed by
Unless otherwise agreed by the parties, if a party arbitrators shall be delivered to each party.
so requests or if the arbitral tribunal considers it
necessary, the expert shall, after delivery of Amicable Settlement of Dispute
his/her written or oral report, participate in Katarungang Pambarangay or the Barangay
a hearing where the parties have the opportunity Justice System is a local justice system in the
to put questions to him and to present expert Philippines. It is operated by the smallest of the
witness in order to testify on the points at issue. local government units, the barangay and is
overseen by the barangay captain, the highest
Decision Making by Panel of Arbitrators elected official of the barangay and its executive. 
In arbitral proceedings with more than one
arbitrator, any decision of the arbitral tribunal History of Amicable Settlement
shall be made, unless otherwise agreed by the There has long been a traditional, local
parties, by a majority of all its members. system of resolving disputes. Presidential Decree
However, questions of procedure may be decided 1508 talks an unofficial “time-honored tradition
by a presiding arbitrator, if so authorized by the of amicably settling disputes among family and
parties or all its members of the arbitral tribunal. barangay members at the barangay level without
judicial resources”
Settlement
If during arbitral proceedings, the parties Alfredo Flores Tadiar was the principal
settle the dispute, the arbitral tribunal shall author of Presidential Decree 1508, the
terminate the proceedings and, if requested by the Katarungang Pambarangay Law and he also
parties and not objected to by the arbitral tribunal, wrote its implementing rules, requiring prior
record the settlement in the form of an arbitral conciliation as a condition for judicial resource.
award on agreed terms.
An award on agreed terms shall be made in Republic Act 7160 or the Local Government
accordance with the provisions of Form and Code of 1991 expanded the scope and powers of
Contents of Award and shall state that it is an the Katarungang Pambarangay or the Barangay
award. Such an award has the same status and Justice System designed not merely to decongest
effect as any other award on the merits of the the courts of cases but to address inequalities in
case. access to justice, particularly experienced by
marginalized communities.
Forms and Contents of Award
 The award shall be made in writing and shall Important Concepts in the Study of Amicable
be signed by the arbitrator or arbitrators. In Settlement
arbitral proceedings with more than one  Adjudication is the power of courts or quasi-
arbitrator, the signatures of the majority of judicial agencies to decide cases filed before
all members of the arbitral tribunal shall them and falling within their jurisdiction. 
suffice, provided that the reason for any
omitted signature is stated.
CRIM 6 MIDTERMS
 Amicable Settlement is an agreement  Katarungang Barangay (KP) is a system of
reached during mediation and conciliation justice administered at the barangay level for
proceedings.  the purpose of amicable settling disputes
through mediation, conciliation or abitration
 Arbitration is a process wherein the third among the family or barangay without
party from outside the judicial system is resorting to the courts.
chosen by parties to hear and decide their
dispute. 
 Mediation is a process wherein the Lupon
 Arbitration Award is the decision reached by chairperson or Barangay Chairperson assists
either the lupon chairperson or pangkat, as the disputing parties to reach a settlement by
the case may be, upon prior agreement in consensus that jointly satisfies their needs.
writing by the parties to a dispute for the
adjudicators to resolve it. 
 Minor is a person below eighteen (18) years
of age. 
 Complainant — plaintiff 

 Next of Kin is an individual who is a relative

 Complaint is a concise statement of ultimate or a responsible friend with whom the minor
facts constituting the plaintiff’s cause and or incompetent lives
causes of action.

 Pangkat Tagapagkasundo (Pangkat) is a

 Conciliation is a process wherein the conciliation panel constituted from the
Pangkat forgoes the power to decide or Lupon membership for every dispute
recommend but assist the parties to isolate brought before the Lupon consisting of three
issues and options to reach a settlement by (3) members after the Punong Barangay has
consensus that jointly satisfies their needs failed in his mediation efforts.
 Respondent — defendant

 Incompetent means a person who is

suffering the penalty of civil interdiction; or  Statute of Limitations is the law which bars
who is a hospitalized leper, prodigal, deaf or does not allow the institution or filing of
and dumb who is unable to communicate; an action or case against another after the
one who is of unsound mind, even though he expiration of the period prescribed for such
has a lucid intervals and a person not being action or offense
unsound mind but by reason of age, disease,
weak mind, and other similar causes, cannot,
without outside aid, take care of himself and  Venue is the place where the case is to be
mange his property, becoming thereby an heard and decided. This is not fixed by law
easy prey for deceit and exploitation. except in criminal cases, and can be agreed
upon by the parties.

 Jurisdiction is an authority to hear and Lupong Tagapamayapa

decide a case and given by law and cannot The Lupong Tagapamayapa is composed of
be agreed by the parties the punong barangay as the chairman and not less
than ten (10) nor more than twenty (20) members
selected every three (3) years from among the
CRIM 6 MIDTERMS
barangay residents or persons working in the three (3) conspicuous places in the barangay for
barangay not otherwise disqualified by law.  the entire duration of their terms of office.
From the members of the lupong
tagapamayapa, a three-member Pangkat ng 7.  Withdraw the appointment of any lupon
Tagapagkasundo shall be constituted to continue member for justifiable cause with concurrence of
conciliation efforts when the punong barangay a majority of all members.
fails after 15 days to amicably settle the disputes
submitted before the lupon. Functions of the Lupon
1. Exercise administrative supervision over the
The punong barangay as lupon chairman shall: conciliation panels provided therein
1.  Determine, with 15 days from the start of his 2. Meet regularly once a month to provide a
term, the actual number of members (not less than forum for exchange of ideas among its
10 nor more than 20) that will constitute the members and the public on matters relevant
lupon and take into consideration the barangay to the amicable settlement of disputes, and to
population and the volume of disputes previously enable various conciliation panel members
brought for conciliation in his barangay. to share with one another their observations
and experiences in effecting speedy
2.  Prepare a notice to constitute the lupon within resolution of disputes and
the above mentioned period, which shall include 3. Exercise such other powers and perform
the names of proposed members who are residing such other duties ad functions as may be
or working in the barangay, not otherwise prescribed by law or ordinance.
expressly disqualified by law.
The list of names shall be at least five (5)
more than the actual number previously Who are qualified to be members of the lupon?
determined.  The notice shall contain an  
invitation to the barangay members (residents) to Qualifications
endorse or oppose the proposed appointment of
any person included in the list, in which  Actual residents/ working in the barangay
endorsement, opposition or recommendation shall  Of legal age 
be made within the period of posting.
 With the following qualities: 
3.  Post said notice in three (3) conspicuous  Integrity, 
places within the barangay for a period or not less  Impartiality, 
than three (3) weeks.  Independence,
 Fairness, 
4.  Appoint not less than 10 nor more than 20  Reputation for probity, 
suitable persons as lupon members from the list  Patience,
of names contained in the notice within 10 days  Resourcefulness, 
from the last day of posting, after considering  Open-mindedness
endorsements of or opposition to the proposed  Flexibility
appointees and recommendations for the
appointment of other persons not included in the
list.  He shall likewise appoint immediately a
qualified person to any vacancy that may
thereafter occur in the lupon for any cause.
5.  Swear the appointees into office, sign their
appointment papers, and have them attested to by
the barangay secretary.

6.  Post the list of appointed lupon members in

CRIM 6 MIDTERMS
  custody that is not by law otherwise declared
Disqualifications confidential. 

 Below 18 yrs of age  Subject Matter for Amicable Settlement

 Incompetent  The lupon of each barangay shall have
 Convicted of a crime carrying with it authority to bring together the parties actually
penalties of perpetual or temporary residing in the same city or municipality for
disqualification from holding public office  amicable settlement of all disputes except:
 Elected government official  (a) Where one party is the government, or any
 Member of armed forces who is in the subdivision or instrumentality thereof; 
active service (b) Where one party is a public officer or
employee, and the dispute relates to the
Oath and Terms of Office performance of his official functions; 
Upon appointment, each lupon member shall (c) Offenses punishable by imprisonment
take an oath of office before the Punong exceeding one (1) year or a fine exceeding Five
Barangay. He shall hold office until a new lupon thousand pesos (P5,000.00);
is constituted on the third year following his (d) Offenses where there is no private offended
appointment unless sooner terminated by party;
resignation, transfer of residence or place of e) Where the dispute involves real properties
work, or withdrawal of appointment by the located in different cities or municipalities unless
Punong Barangay with concurrence of the the parties thereto agree to submit their
majority of all the members of Lupon. differences to amicable settlement by an
appropriate lupon;
Secretary of the Lupon and the Pangkat (f) Disputes involving parties who actually reside
Tagapagkasundo in barangays of different cities or municipalities,
The Barangay Secretary serves as except where such barangay units adjoin each
Secretary of the Lupon. The Secretary's duties are other and the parties thereto agree to submit their
to record the results of mediation proceedings differences to amicable settlement by an
before the Punong Barangay and submits a report appropriate lupon;
to the proper city or municipal courts.  (g) Such other classes of disputes which the
There shall be constituted for each dispute President may determine in the interest of justice
brought before the lupon a conciliation panel to or upon the recommendation of the Secretary of
be known as the pangkat ng tagapagkasundo, Justice. The court in which non-criminal cases
hereinafter referred to as the pangkat, consisting not falling within the authority of the lupon under
of three (3) members who shall be chosen by the this Code are filed may, at any time before trial,
parties to the dispute from the list of members of motu proprio refer the case to the lupon
the lupon. Should the parties fail to agree on the concerned for amicable settlement. 
pangkat membership, the same shall be
determined by lots drawn by the lupon Procedure for Amicable Settlement
chairman. (b) The three (3) members constituting 1. Initiation of proceeding
the pangkat shall elect from among themselves 2. Mediation by Lupon Chairman
the chairman and the secretary. The secretary 3. Suspension of Prescriptive Period of
shall prepare the minutes of the pangkat Offenses
proceedings and submit a copy duly attested to by 4. Issuance of summons; hearing; grounds for
the chairman to the lupon secretary and to the disqualification
proper city or municipal court. He shall issue and 5. Period to arrive at a settlement
cause to be served notices to the parties
concerned. The lupon secretary shall issue
certified true copies of any public record in his