4KP Procedure PPT Carmenbohol - Ian

THE
KATARUNGANG
PAMBARANGAY
LAW
LGOO VI JUN IAN A. SURIC, JD
MLGOO-Alicia, Bohol
KP PROCEDURE
Settlement Procedures
MEDIATION
CONCILIATION
ARBITRATION
MEDIATION
Complaint
MEDIATION
Complaint
Check if it is a barangay dispute
Filing Fee
Notice of Hearing to Complainant

MEDIATION
Complaint
Filing Fee
Summons to Respondent
MEDIATION
Complaint
Filing Fee
FAILURE TO APPEAR (complainant)

• Dismiss the complaint
•Direct the issuance of Certification to Bar Action in
Court or government office
• Apply with the local trial court for Indirect
Contempt of Court
MEDIATION
Complaint
Filing Fee
FAILURE TO APPEAR (respondent)

• Dismiss the counterclaim
• Direct the issuance of Certification to Bar the
Counterclaim
•Apply with the local court as for Indirect Contempt
of Court
• Constitute the Pangkat
MEDIATION
Complaint
Filing Fee

Alinsungay vs. Cagampang, Jr. (G.R.No. L-69334, 7/28/1986)
• The willful refusal or failure to appear on the part of
respondent is sufficient basis for the complainant
present to be given a certification to file
action
MEDIATION
Complaint
Filing Fee
Open to the public
Appearance in person
15 days
If successful- amicable settlement

Amicable Settlement
In writing
Language/dialect known to the parties
Signed by both complainant & respondent
Attested to by the Lupon Chairman
Final and executory after 10 days from date of

settlement except if REPUDIATED by any party
Repudiation
Sworn statement before the lupon chairman
Ground: consent was obtained/vitiated by

fraud, violence or intimidation (FVI)
Basis for the issuance of a Certification to File

Action in court or any government office
MEDIATION
Complaint
Filing Fee
Open to the public
Appearance in person
15 days
If not successful- constitute the Pangkat ng

Tagapagkasundo
Constitution of the Pangkat
ng Tagapagkasundo
Set the date
ng Tagapagkasundo
Set the date
Failure to Appear
FAILURE TO APPEAR (complainant)

Contempt of Court
ng Tagapagkasundo
Set the date
Failure to Appear

Counterclaim
of Court
• Constitute the Pangkat by drawing of lots
ng Tagapagkasundo
Set the date
Failure to Appear
Once constituted, Lupon Chairman gives notice to chosen

pangkat members
ng Tagapagkasundo
Set the date
Failure to Appear
Once constituted, Lupon Chairman gives notice to chosen

pangkat members
Pangkat elect the chairman and secretary
Sets the date for initial hearing
Not later than 3 days from constitution

CONCILIATION
Notice of Hearing to complainant
CONCILIATION
CONCILIATION
COMPLAINANT
Contempt of Court
CONCILIATION
RESPONDENT
Counterclaim
of Court
• Direct the Issuance of the Certification
to File Action
CONCILIATION
Open to the Public
Appearance in Person
15 days
Extended for 15 days in meritorious cases
If successful- Amicable Settlement

Amicable Settlement
In writing
Signed by both complainant & respondent
Attested to by the Lupon/Pangkat Chairman
Final and executory after 10 days from date of

settlement except if REPUDIATED by any party
Repudiation
Sworn statement before the pangkat

chairman
Ground: consent was obtained/vitiated by

fraud, violence or intimidation
Basis for the issuance of a Certification to File

Action in court or any government office
CONCILIATION
Open to the Public
Appearance in Person
15 days
Extended for 15 days in meritorious cases
If NOT successful- Certification to File Action

ARBITRATION
During the mediation or conciliation stage
Written Agreement to Arbitrate

ARBITRATION
After 5 days, hearings begin
Evidence for the complainant

(with witnesses to support him)
Evidence for the respondent

(with witnesses to controvert the claim/ support him)
ARBITRATION
After 5 days, hearings begin
Evidence for the complainant

(with witnesses to support him)
Evidence for the respondent

(with witnesses to controvert the claim/ support him)
Evaluate the evidence and render an ARBITRATION

AWARD not more than 15 days from date of agreement to
arbitrate.
Arbitration Award
In writing
Signed by the lupon chairman or all members of

the pangkat
Final and executory after 10 days from receipt of the
award
Within the 10 day period, any party may file before the
court a PETITION FOR NULLIFICATION OF THE AWARD
Execution of Settlement/Award
• If settlement or arbitration award

is enforced w/in 6 months from
• Date of settlement, Date of
Lupon receipt of the award, Date the
obligation becomes due and
demandable
Appropriate
• After the lapse of the 6 month
municipal period
court
Execution of Settlement/ Award
Filing of motion for execution
Within 5 days from Hearing

Ascertain non- Urge for voluntary
the date of the filing
of the motion compliance compliance (5 days)
Issuance of notice of execution

Within 5 days from Hearing Urge for voluntary

Ascertain non-
the date of the filing compliance
of the motion compliance
(5 days)

Within 5 days from Hearing Urge for voluntary

Ascertain non-
the date of the filing compliance (5
of the motion compliance
days)

Procedure of Execution
Payment of money
5 days for voluntary payment
If not, take possession of sufficient personal

property
• Located in the barangay
• Be of value sufficient to pay the obligation
• Chosen by the party obliged
Procedure of Sale
• 3 public places ( indicating the time and
place)
Notice of sale • Not less than 24 hours prior to the sale
(perishable) 5-10 days other personal
property
• Public auction – highest bidder
Manner of sale • Disqualified to bid: PB, Lupon Sec., Lupon
members
Disposition of
proceeds • Payment
Conveyance to
purchaser • Certificate of sale
Entered in the
records • Barangay Secretary

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THE

Check if it is a barangay dispute

Notice of Hearing to Complainant

Check if it is a barangay dispute

Notice of Hearing to Complainant

Check if it is a barangay dispute

Notice of Hearing to Complainant

FAILURE TO APPEAR (complainant)

Check if it is a barangay dispute

Notice of Hearing to Complainant

FAILURE TO APPEAR (respondent)

Check if it is a barangay dispute

Notice of Hearing to Complainant

FAILURE TO APPEAR (respondent)

Check if it is a barangay dispute

Notice of Hearing to Complainant

Open to the public

If successful- amicable settlement

Language/dialect known to the parties

Signed by both complainant & respondent

Attested to by the Lupon Chairman

Final and executory after 10 days from date of

Sworn statement before the lupon chairman

Ground: consent was obtained/vitiated by

Basis for the issuance of a Certification to File

Check if it is a barangay dispute

Notice of Hearing to Complainant

Open to the public

If not successful- constitute the Pangkat ng

FAILURE TO APPEAR (complainant)

FAILURE TO APPEAR (respondent)

Once constituted, Lupon Chairman gives notice to chosen

Once constituted, Lupon Chairman gives notice to chosen

Pangkat elect the chairman and secretary

Sets the date for initial hearing

Not later than 3 days from constitution

Open to the Public

Extended for 15 days in meritorious cases

If successful- Amicable Settlement

Language/dialect known to the parties

Signed by both complainant & respondent

Attested to by the Lupon/Pangkat Chairman

Final and executory after 10 days from date of

Sworn statement before the pangkat

Ground: consent was obtained/vitiated by

Basis for the issuance of a Certification to File

Open to the Public

Extended for 15 days in meritorious cases

If NOT successful- Certification to File Action

Written Agreement to Arbitrate

Written Agreement to Arbitrate

After 5 days, hearings begin

Evidence for the complainant

Evidence for the respondent

Written Agreement to Arbitrate

After 5 days, hearings begin

Evidence for the complainant

Evidence for the respondent