REVISED KATARUNGANG

PAMBARANGAY LAW
Sections 399-422, Chapter 7 Title One, Book III
of RA No. 7160

ACP Lalia

Brief Historical Background of the

Katarungang Pambarangay
The concept of Neighborhood paralegal
committee was first advocated by
Supreme Court Chief Justice Fred Ruiz
Castro in one of his speeches in 1976.
PD 1293 was issued creating a
commission tasked to study the
feasibility of instituting a system of
resolving disputes among family and
barangay members at the barangay
without recourse to the courts.

The draft of the Katarungang

Pambarangay Law was submitted to the
President and this was signed into law
on June 11, 1978 as Presidential Decree
1508. The same was adopted by Batas
Pambansa Blg. 337 or the 1983 Local
Government Code. At present, the
establishment and operation of the
Barangay Justice System is mandated
by Sections 399-422, Chapter 7 Title
One, Book III of Republic Act No. 7160 or
the Local Government Code of 1991.

Objectives
Under the Barangay Justice System,
the main strategy for settling disputes
is to provide a venue for the disputing
parties to search for a solution that is
mutually acceptable
Assist the parties in discussing the
possible amicable settlement of their
disputes.
Do not act as judges or adjudicators of
disputes but as facilitators for the
disputing parties discussion of possible
solutions

 Also, this is to provide a

screening process whereby
only
truly
irreconcilable
disputes are filed before the
court for adjudication.
This
would reduce the number of
cases reaching the courts and
thus increase the time which
judges may allocate to their
cases.

Constitution of the Lupon

Appointment of Lupon is the
sole prerogative of the
Barangay Captain
Does not require the approval,
confirmation of the Barangay
Council
What if the Barangay Captain
fails to constitute the Lupon?
He can be charged for
neglect of duty and be
administratively liable

When to constitute the

Lupon?

WITHIN FIFTEEN (15) DAYS FROM

THE START OF THE TERM AS
BARANGAY CAPTAIN, HE/SHE SHOULD
ISSUE A NOTICE TO CONSTITUTE THE
LUPON AND PREPARE THE LIST OF
THE NAMES OF PROPOSED LUPON
MEMBERS.
Minimum of 10, Maximum of 20

Qualifications of Lupon
ACTUAL RESIDENTS/ WORKING
Members
IN THE BARANGAY
OF LEGAL AGE WITH THE
FOLLOWING QUALITIES:
INTEGRITY,
IMPARTIALITY,
INDEPENDENCE,
FAIRNESS,
REPUTATION FOR PROBITY,
PATIENCE,
RESOURCEFULNESS,
OPEN-MINDEDNESS
FLEXIBILITY

 Those sentenced by final

judgment
for
an
offense
involving moral turpitude or for
an offense punishable by One
Disqualifications
40 of the
year or more or(Sec.
more,
within
LGC) two years later after serving
sentence.
Those removed from office as a
result of administrative case.

 Those convicted by final

judgment for violating the
oath of allegiance to the
Republic.
Disqualifications
...
Those with dual citizenship.
Fugitives from Justice in
criminal or non-political
cases here or abroad.

 Those permanent residents

in a foreign country or those
who have acquired the right
to
reside
abroad
and
Disqualifications
...
continue to avail of the
same
right
after
the
effectivity of the Local
Government Code of 1991
Insane or feeble-minded.

Suitability of Lupon Members

Section 399, RA 7160
GOVERNMENT EMPLOYEES Sec.406 (b) explicitly recognizes the
validity of the appointment to the
Lupon of one who is in public
employment provided that the
provision against Double
Compensation is observed and
provided further that the two offices
are not incompatible.
(MJ Opinion No. 168, Series of 1981)

Suitability of Lupon
Members...
POLICEMEN (Same as govt.
employee)
(MJ Opinion No. 103, Series of 1981)
LAWYER The prohibition against a
lawyer is to act as a counsel to either
of the parties to the case.
(MJ Opinion No. 103, Series of 1981)

Suitability of Lupon
Members...

ECCLESIASTIC Generally, a religious

person is not disqualified from holding
public office or a government position
as long as his employment has no
religious purpose or meaning.
Although expressly disqualified by law
from holding a municipal office,
ecclesiatics are not disqualified from
holding other public office/s.
(MJ Opinion No. 58, Series of 1974)

Suitability of Lupon
Members...

JUDGES Judges are likewise not

disqualified. However, if judges were
to serve in the Lupon or the Pangkat,
the aforestated objective of the law
will be defeated because a judge
would be spending his valuable time
to settlement of cases before the
Lupon, which would otherwise be
devoted to court cases.
(MJ Opinion No. 287, Series of 1982)

Appointment of Kagawad to the

Lupon
The position of a Kagawad ng
Sangguniang Barangay is an Elective
Position.
No elective official shall be eligible
for appointment or designation in any
capacity to any public office or
position during his tenure
(Sec 7, Art IX-B, Phil. Constitution)

Steps to take after identifying the 1020 members of the Lupon

Barangay Secretary Shall:

Prepare a notice to constitute the Lupon using

the KATARUNGANG PAMBARANGAY (KP) Form 1
Notice
to
be
posted
in
the
3
conspicuous/strategic places in the barangay
THE NOTICE SHALL CONTAIN AN INVITATION TO
ALL BARANGAY MEMBERS TO ENDORSE OR
OPPOSE THE PROPOSED APPOINTMENT OF ANY
PERSON/S INCLUDED IN THE LIST
THE RECOMMENDATION SHALL BE MADE
WITHIN THE PERIOD OF POSTING FOR THREE
WEEKS

 MEMBER OF THE BARANGAY

CAN PROTEST OR RECOMMEND
SOMEBODY FROM THE
BARANGAY
10 days after the last day of
posting, the Bgy. Captain shall
put into writing the
appointment of the Lupon
members using KP Form 2, duly
signed by the captain and
attested by the Barangay
Secretary.

 The newly appointed Lupon members

will immediately take their oath
before the Barangay Captain using
KP taking
Form the
5
After
oath of office,
the list of Lupon
Members shall
be posted in a
conspicuous/stra
tegic place in
the Barangay

Significance of Oath of Office

Upon appointment to a public
office, an officer is required to take
his oath of office whereby he
solemnly swears to support and
defend the constitution, bear true
faith and allegiance to the same;
obey the laws, legal orders and
decrees
promulgated
by
duly
constituted
authorities;
and
faithfully discharge to the best of
his ability the duties of the position
he will hold. (City Mayor vs. CA, G.R.

Power to Appoint and Remove

Although it is the sole authority of
the Barangay Captain to appoint
members of the Lupon as he finds
him fit, withdrawal of appointment
of any member of the Lupon cannot
be done by him without the
concurrence of the majority of
members of the Lupon and only for
valid grounds (not only majority of
the Lupon, who attended the
meeting).
(Sec 7, Rule IV, KPR)

RECAP: Steps to constitute 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
3 years
UNLESS TERMINATED
BY DEATH,
RESIGNATION, TRANSFER OF
RESIDENCE OR PLACE OF WORK,
WITHDRAWAL OF APPOINTMENT
BY THE BARANGAY CAPTAIN.
HOWEVER, THE WITHDRAWAL
SHOULD BE CONCURRED WITH A
MAJORITY OF ALL THE MEMBERS
OF LUPON
(see KP Form 6)

Compensation / Benefits

Lupon members shall serve without

compensation
If the Barangay has enough funds,
HONORARIA may be given
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

Basic Concerns
The Dispute will be settled in the
barangay where the RESPONDENT
or any of the RESPONDENTS in the
Barangay resides
CHOICE/OPTION of the complainant
What if any of the involved parties
is incompetent or a minor?
He/She should be represented by a
legal guardian or next of kin who is
NOT A LAWYER.

Basic Concerns . . .
A juridical person like a
corporation or cooperative
cannot file a complaint
Any case involving a
cooperative or peoples
organization can go directly
to court without going
through mediation or
conciliation

Subject Matter of 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, except ..
(Section 48)

Exceptions:
Where
one
party
is
the
government, or any subdivision
or instrumentality thereof;
When one party is a public officer
or employee, and the dispute
relates to the performance of his
official functions;
Offenses
punishable
by
imprisonment exceeding One (1)
Year
or
a
fine
exceeding
Php5,000.00;

Exceptions...
Where the dispute involves real
properties located in different cities or
municipalities unless the parties
thereto
agree
to
submit
their
differences to amicable settlement by
an appropriate lupon;
Where the dispute involves parties
who actually reside in barangays of
different cities or municipalities,
except when barangay units adjoin
each other and the parties thereto
agree to submit their differences to
amicable
settlement
by
an

Exceptions...
Such other classes of disputes which
the President determines in the interest
of justice or upon the recommendation
of the Secretary of Justice.
a. Criminal Cases where respondent is under
Police Custody;
b. Petition for Habeas Corpus;
c. Actions coupled with provisional remedies
such as injunction, attachment, delivery of
personal property and support during
pendency of the case;
d. Actions barred by Statute of Limitations.

Exceptions...
Where the dispute arises from
CARL.
Labor disputes or controversies
arising from employer-employee
relations.
Actions to annul judgment upon a
compromise, which may be filed
directly with the court. (Sanchez vs.
Tupaz, 158 SCRA 459)

Offenses where there is no private

Exceptions...
The court in which
non-criminal
cases
not falling under the
authority of the Lupon ,
at any time before trial,
motu propio, refer the
case
to
the
lupon
concerned for amicable
settlement.

Offenses under the Revised Penal Code

within the authority of the Lupon
a. Slight Physical Injuries/Maltreatment (Art.
266)

b.
c.
d.
e.
f.
g.
h.

Less Serious Physical Injuries (Art. 265)

Trespass to dwelling (Art. 280)
Other forms of Trespass (Art. 281)
Grave Threats (Art. 282)
Light Threats (Art. 283)
Other Light threats (Art. 282 & 285)
Grave Coercion (Art. 286)

Offenses
i. Light Coercion (Art. 287)
j. Other Similar Coercion (Art. 288)
k. Formation, Maintenanance and
Prohibition on Combination of
Capital or Labor through violence or
threats (Art. 289)
l. Swindling (Estafa) if fraud does not
exceed hp200.00 (Art. 315)
m. Other forms of swindling (Art. 316)
n. Swindling a Minor (Art. 317)

Offenses
o. Other Deceits (Art. 318)
p.Malicious Mischief if value of damage
does not exceed Php1000 (Art. 327)
q.Other Mischief (Art. 329)
r. Simple Seduction (Art. 338)
s. Acts of Lasciviousness with the
consent of the offended party (Art. 339)
t. Slander Art. 359)
u.Slander by Deed (Art. 359)
v. Imprudence and Negligence resulting
to less grave felony (Art. 365)

Offenses . . .

w. Theft if value does not exceed Php50.00

(Art. 309)

x. Physical Injuries inflicted in Tumultuous

affray (less serious in nature) (Art. 252)
y. Unlawful Arrest (Art. 269)
z. Abandonment of person in danger and
abandonment of ones own victim (Art. 275)
aa.Abandoning a Minor (Art. 276)
ab.Abandonment of a minor by person
entrusted with his custody; Indifference of
parents Art. 277)
cc. Discovering secrets through seizure of
correspondence (Art. 290)

VENUE
Actual
Residents
of
the
same
Barangay Lupon of said barangay;
Actual
Residents
of
different
barangays within the same city or
municipality Where the respondent
or any of the respondents actually
resides, at the election of the
complainant;
Dispute involving Real Property or
interest thereon Where Real Poperty
or bigger portion thereof is located

VENUE ...
Those arising at the
workplace where contending
parties are employed or at
the institution where such
parties are enrolled for
study, shall be brought in
the barangay where such
workplace or institution is
located.

RECAP on Exempted Cases :

Offenses involving government
entity;
One party is a public
Officer/Employee dispute relates to
performance of official functions
Offenses with maximum penalty of
1 year or a fine
exceeding(Php5,000.00;
Offenses with no private offended
party;
Real properties in different cities or
municipalities; disputes that need
urgent legal action; AGRARIAN and
LABOR disputes; and action to annul

Settlement of Serious Offenses

Settlement of Serious or Grave Offenses will
not bind the state nor the parties thereto.
This means that amicable settlement of
Grave Offense will not serve as a legal
bar to the prosecution of the offender.
Admittedly, though, the governments
ability to prosecute may be adversely
affected or hampered by the lack of
cooperation from the offended party who
may have compromised the case.
(M.J. Opinion No. 90, Series of 1991)

MEDIATION

Basic steps in handling cases by the

Barangay Captain
Explain the process and objectives of
mediation & the rules to be observed
Give each party to explain their side
without interruption from the other party
Ask questions and involve both parties in
looking for a solution
REMEMBER:
Barangay Captain is not a judge but a
mediator
Let both parties find a solution to their
dispute

STEP 1: Filing of the case

Complainant with the help of the
secretary will fill up KP FORM 7
Minimal filing fee
PERSONAL CONFRONTATION is
required
NO INDIVIDUAL CAN GO DIRECTLY
TO COURT / GOVT OFFICE FOR
ADJUDICATION OF HIS/HER
DISPUTE WITH ANOTHER
INDIVIDUAL ESPECIALLY OF THE
MATTER IS WITHIN THE KP
JURISDICTION

STEP 2
Within 3 days from receipt of
the complaint and payment of
the filing fee
Issue a NOTICE OF HEARING TO
THE COMPLAINANT
Issue SUMMONS/SUBPOENA TO
THE RESPONDENT
BOTH shall appear at the
BARANGAY CAPTAINS OFFICE

Appearance of the Parties

Appearance shall be in person.
Parties shall not be represented
by counsel.
Representative or Attorney-infact (even armed with an SPA)
may not appear before the
Lupon.
Appearance thru a
representative is tantamount to
non-appearance of a party.
Only minors or incompetents
may be assisted by their next-ofkin, who is not a lawyer.

Appearance of the
Parties
The BARANGAY CAPTAIN SHALL

NOT RESOLVE THE CASE.

The BARANGAY CAPTAIN WILL
HELP THEM RESOLVE THE CASE
BARANGAY CAPTAIN

Mediator
Help them find the solution to their
problem within FIFTEEN (15)
DAYS.

IF THE RESPONDENT DOES NOT

APPEAR:
The case shall be referred to the
PANGKAT NG TAGAPAGSUNDO

What if any of the parties fail to

appear?
Complainant fails to appear
WITHOUT justifiable cause

DISMISS THE COMPLAINT

Cannot file a case in court
Can be punished for indirect
contempt of court

Respondent fails to appear

WITHOUT justifiable cause
His/her counterclaim will be
dismissed and he will be barred from
filing in court and be punished for
indirect contempt of court

Conciliation among members of

indigenous cultural communities
The customs and traditions
of
indigenous
cultural
communities
shall
be
applied in settling disputes
between members of the
cultural communities.

Proceedings open to the public,

exception...
All proceedings for settlement shall be
public and informal; Provided, however that
the Lupon chairman or the Pangkat
chairman, as the case may be, may motu
propio or upon request of a party,
exclude the public from the proceedings in
the interest of privacy, decency, or
public morals.
(Section 414)

Power to administer oaths

The Punong Barangay, as Chairman
of the Lupong Tagapamayapa, and
the members of the Pangkat are
authorized to administer oaths in
connection with any matter relating
to
all
proceedings
in
the
implementation of the Katarungang
Pambarangay.
(Section 420)

If parties agree to a
settlement/compromise
In writing
In a language or dialect known to
parties
NOT TO BE DRAFTED BY A LAWYER
AND BROUGHT TO HOMES OF THE
PARTIES FOR THEIR SIGNATURES AND
NOT HAVE IT NOTARIZED BY A
NOTARY PUBLIC/LAWYER
IT SHOULD BE DRAFTED AT THE
BARANGAY HALL AND NO WHERE
ELSE

How can we be ensured that

the Agreement will be
complied?

After TEN (10) days, the settlement

will be executory and HAS THE FORCE
AND EFFECT OF A DECISION OF A
COURT, unless repudiation of the
settlement has been made or a
Petition to nullify the award (In case
of Arbitration) has been filed before
the proper city or municipal court.

What if one of the parties was forced to

come up with a settlement through fraud
or intimidation?
Any party can protest the
settlement within TEN
DAYS.
AFTER TEN DAYS, the
settlement will take EFFECT

How can the Respondent

Comply with the Settlement?
He/she can voluntarily comply within
FIVE (5) DAYS from hearing of the
Motion for Execution filed by
complainant,Sec 5, Rule VII, IRR on KPR.
After lapse of the 5-day voluntary
compliance without the respondent
settling his obligation, the Barangay
Captain issues NOTICE OF
EXECUTION in the name of the
Lupong Tagapamayapa.

Execution
The amicable settlement or arbitration
award, as the case may be, may be
enforced by execution by the Lupon
within six (6) months from the
date of settlement or date of receipt
of award (Arbitration).
After the
lapse of such time, the settlement or
award may be enforced by the
appropriate local Courts.

Procedure for Execution

a. Payment of Money - Party obliged to pay
is given five (5) days to make voluntary
payment.
Failure to pay Punong Barangay shall
take possession of sufficient personal
property located in the barangay to
satisfy the settlement or award. Party
obliged to pay is allowed to point out
which of them shall be taken ahead of
others.
SALE thru Public Auction

Execution Auction Sale

a.1. Perishable Property Posting of
notice of the time and place in 3
public places within the barangay
for not less than 24 hours prior to
the sale.
a.2. Other Personal Property
Posting for not less than 5 days
nor more than 10 days.

Execution

2.

Delivery/Restitution of property
located within the barangay The
Punong
Barangay
shall
oust
thereform the person against whom
the settlement or award is rendered
and place the party entitled thereto
in possession of such property.

Execution
3.Delivery/Restitution of property
located in another barangay The
Punong Barangay shall authorize
the Punong Barangay of that
Barangay where the property is
situated to take possession of said
property and place in possession
the party entitled thereto.

Execution
4.

If settlement or award directs a

party to execute a conveyance of
land, or to deliver 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 have like effects as if done by
the party.

Property Exempt from Execution

a. Debtors FAMILY HOME.
b. TOOLS and IMPLEMENTS necessary used
by him in his trade or employment.
c. 2 horses, or 2 cows, or 2 carabaos or other
beasts of burden, as the debtor may select,
and necessary used by him in his
occupation.
d. His necessary CLOTHINGS and that of his
family.
e. Household furniture and utensils necessary
for housekeeping.

Execution
f. Provisions for individuals or family
use sufficient for 4 months.
g. Professional libraries of Attorneys,
Judges, Physicians, Pharmacists,
Dentists, Engineers, Surveyors,
Clergymen, Teachers, and other
professionals.
h. One (1) fishing boat, net and other
fishing paraphernalia of the party
obliged, who is a fisherman.

Execution
i.

Earnings of the party obliged for his personal

services within the month preceding the levy
as are necessary for the support of his family.
j. Proceeds from Life Insurance not exceeding
Php100,000.00.
k. Right to receive legal support or money or
property obtained as such support, or any
pension or gratuity from the government.
l. Lettered Gravestone.
m. Copyrights and other properties especially
exempted by law.

If MEDIATION before the BARANGAY

CAPTAIN
FAILS
The parties
cannot yet elevate their case
to court
The parties still have to go through
conciliation proceedings

Barangay Captain TO CONSTITUTE the

PANGKAT NG TAGAPAGSUNDO within FIFTEEN
(15) DAYS from the last day of MEDIATION
PROCEEDINGS.

Is CONCILIATION = MEDIATION?
The process is the same, except that
MEDIATION is done by the Barangay Captain,
while CONCILIATION is done by the PANGKAT
headed by a CHAIRPERSON.

CONCILIATION

What is CONCILIATION (before the

Pangkat)?
Conciliation is merely
INTERVENING between TWO OR
MORE Contending parties in order
to prevent or put an end to a
dispute with an agreement to
abide by the decision of the
conciliator
Who are members of the
PANGKAT?
3 MEMBERS shall come from the
LUPON and chosen by the

What if the parties fail to agree on the

Pangkat Membership?
The Barangay Captain will determine the
THREE MEMBERS by drawing lots to be
distributed to the members of the
Pangkat
After they have been chosen, the
Pangkat Members shall Choose Among
themselves
A Chairperson
Secretary
The LUPON SECRETARY shall
turn over the case to the
PANGKAT SECRETARY for the
Pangkat to study

Disqualifications OF A Pangkat
Member

Vacancy in the Pangkat

Procedure before the

Pangkat

The Pangkat shall meet to

hear both parties
Explore possibilities for
Amicable Settlement within
FIFTEEN DAYS
Can be extended for another
FIFTEEN DAYS

Issue Subpoena of a witness

whenever necessary

 If the PANGKAT
CHAIRPESON finds after
hearing that the failure to
appear of the
COMPLAINANT is without
justifiable reason, he shall:

What happens is the Pangkat is

successful in the Conciliation?
An amicable settlement shall be put
into writing in a dialect / language
known to them
ATTESTED TO BY THE LUPON CHAIRMAN
/ PANGKAT CHAIRMAN
It has the force and effect of a final
judgment in court after TEN DAYS from
the date the Amicable settlement was
made, UNLESS a protest or repudiation
of the settlment was made.
The Pangkat Secretary shall prepare a
transmittal of the settlement to the
appropriate court & fills up a transmittal

What if the settlement was affected

adversely by fraud, violence,
intimidation, etc.,
The parties can repudiate the
settlement within TEN DAYS from the
date of filing with the Lupon Chairman
or Pangkat a statement to that effect
sworn before him.
Failure to repudiate the settlement
within a TEN DAY period shall be
deemed a waiver of the right to
challenge on said grounds.

How can the Amicable

Settlement before the Pangkat
be executed

How can the settlement be

actually executed?
Within SIX MONTHS from date the
settlement was agreed upon
The disputant must file a Motion for
Execution with the Barangay Captain
The Barangay Captain conducts a hearing
on the date assigned by the Movant.
The date shall not be later than FIVE DAYS
from the filing of the motion

What happens during the hearing?

The Barangay Captain shall ascertain
the facts for the NON-COMPLIANCE of
the settlement and STRONGLY
ENCOURAGE the party obliged to
COMPLY WITH THE SETTLEMENT.
After the lapse of FIVE DAYS with no
voluntary compliance, the Barangay
Captain shall issue a NOTICE OF
EXECUTION.

RECAP

What are the ways of

resolving conflicts within our
barangay?
MEDIATION through the Office
of the Barangay Captain
CONCILIATION through the
PANGKAT
At any stage of these two ways
of resolving conflicts, another
way of resolving cases under
your jurisdiction is the process

ARBITRATION

Definition of Arbitration
Another way of settling
disputes wherein the parties
agree to be bound by a
decision of a third person or
body in place of a regularly
organized tribunal

Arbitration
Can take place at any stage
of the proceedings as long as
both parties agree in writing
to abide by the arbitration
award of the LUPON or the
PANGKAT.
Who can act as ARBITRATORS?
LUPON CHAIRPERSON
BARANGAY CAPTAIN
PANGKAT CHAIRPERSON

What happens in Arbitration?

Lupon Chairperson/Pangkat assists the
parties in defining the issues & exploring
solutions to develop a mutually acceptable
settlement
The Lupon Chairperson/Pangkat is given
the POWER TO RENDER DECISIONS on the
dispute with a prior agreement of the
parties to be bound by it.
The parties shall present evidence as to
the facts and merits of the case to the
arbitrator.
On the basis of these facts, the
arbitrator makes a decision on what he
believes to be fair or just
The Arbitrator must be NEUTRAL &

Steps
Filing of the complaint with the OFFICE OF
THE BARANGAY CAPTAIN and payment of
the Filing Fee.
IF parties agree to submit themselves to
arbitration process at ANY STAGE of the
mediation/conciliation, the conduct of an
ARBITRATION HEARING can take place
immediately
After filling up the agreement, the
parties are given FIVE DAYS to withdraw
from such an agreement by filling up a
sworn statement stating his/her reasons
that such agreement was obtain through
fraud, violence, and intimidation (if such
is the case).

Is there a need to proceed with

the case in the Lupon if such
circumstances are present?

NO.
Forward the case to court by issuing
a CERTIFICATE TO FILE ACTION
IF THERE IS NO REPUDIATION?
Proceeding to hear their case
Set the case for hearing
Parties to be officially notified of
the hearing through a NOTICE OF
HEARING and SUMMONS.

What if any of the parties fail to

appear?
Apply the same procedure in
MEDIATION or CONCILIATION for the
unreasonable neglect of the
COMPLAINANT / RESPONDENT
COMPLAINANTs absence is unjustified
and willful
Complaint is outrightly dismissed
Barred from filing the action in court
RESPONDENTs absence is unjustified
and willful
Issue a CERTIFICATE TO FILE ACTION
and CERTIFICATE TO BAR

If parties are Present, how does

one conduct the Arbitration?
Conduct hearing in the manner of a court or
adjudicative trial
Complainant and respondent will present their
respective case and submit all their necessary
evidence
THE LUPON CHAIRPERSON / PANGKAT will then
issue a resolution based on the merits of the
case, testimony of the witnesses and the
evidence presented
ARBITRATION AWARD
Just like an amicable settlement put into
writing etc. attested to by the Lupon or the
Pangkat Chairperson

Time to render decision

FIFTEEN DAYS but not earlier than
SIX DAYS from the date of last
hearing to evaluate and issue the
ARBITRATION AWARD
Within FIVE DAYS, the Secretary
shall furnish a copy of the
Arbitration Award to the Parties
Keep a file at the LUPON OFFICE
and be sure to furnish a copy to
the City/Municipality Court

How shall the Arbitration Award

take effect?
Parties are given TEN DAYS to
nullify the decision
After TEN DAYS, the decision
becomes final and executory
HOW TO EXECUTE THE AWARD?
In the same manner that
MEDIATION / CONCILIATION
Settlements are executed

SCHOLARSHIP

CHED ORDER 62
Guidelines Implementing the Study
Grant Program for Barangay Officials
and their Legitimate Dependents
WHO ARE QUALIFIED?
Not more than 21 years of age
Highschool graduate with an
average of 80%
Passed the entrance exam in a
State College or University
Income of parents must not
exceed PHP72,000.00 ANNUALLY.

DOCUMENTARY REQUIREMENTS
Certification from the OFFICE OF
THE MAYOR that the applicant is a
child of the barangay official
NSO Birth Certificate, High School
Report Card
Entrance Exams result
Income Tax Return
Certificate of Good Moral
Character from the Principal or
Guidance Councilor

Conditions for the Assistance

The grantee or the child of the LUPON
will carry a FULL SEMESTRAL LOAD
EVERY SEMESTER.
Finish his/her course in the prescribed
duration and will maintain at least a
passing grade in all his/her subjects.
OTHER CONDITIONS
The applicant must not be enjoying
any study grant at the time of the
application
Only two children of the Lupon
Member are allowed for a given term.

 Shifting of course may be allowed

after getting the approval from the
registrar
CAN THE SCHOLARSHIP BE
TERMINATED?
Grantee has failed in the subjects
Falsified his/her records
Transferred to another school
without the approval of the registrar
Joined or participated in subversive
organizations/activites
No available funds for the
scholarship

 Hurry and see if the nearest state

college/university has a scholarship
program under CHED ORDER #62 and
bring the aforementioned items in the list
of requirements
Funding
State colleges and universities
concerned are required to incorporate in
their budget program the necessary
funds to support the expenses of the

Annual Search for the

Outstanding Lupong
Tagapamayapa

 How to enter
Join selection process at
the City/Municipal level

1st CRITERIA

2nd Criteria
Resourcefulness / creativity of
the Conciliators/Mediators
Can be seen through the
records / minutes made by the
LUPON SECRETARY
Evaluators will be able to know
the innovative technique and
skills of the
conciliators/mediators and the
coordination made with
appropriate agencies like the

3rd Criteria

Thank you
for attending this Session
and
Good Luck!