REALLY? THANKS YES, KAPITAN.

FOR THE COMPLI- WHAT

THIS SABA IS MENTS! WHAT WOULD I
SO SWEET. IS YOUR DO IF
QUESTION THERE
AGAIN? WILL BE
CASES PRESENTED
TO ME IN THE
BARANGAY? HOW
CAN I HELP IN
RESOLVING IT?

AS PUNONG BARANGAY, YOU HAVE AN

AUTHORITY OR POWER TO MEDIATE CASES OF
THE RESIDENTS IN YOUR BARANGAY.

WHAT IF ONLY ONE IN THIS CASE, THE DISPUTE

OF THE INVOLVED WILL BE SETTLED IN THE
PARTIES ARE FROM BARANGAY WHERE THE
MY BARANGAY? RESPONDENTS OR ONE OF THE
RESPONDENTS RESIDE AT THE
CHOICE OF THE COMPLAINANT.
IS THAT CLEAR TO YOU?

C H A P T E R T W O

MEDIAT I O N THROUGH THE

PUNONG BARANGAY
 YES , NOW, WHAT IF ANY OF THE INVOLVED
PARTIES IS INCOMPETENT OR A MINOR?

WELL, HE/SHE SHOULD BE

REPRESENTED BY A LEGAL GUARDIAN
OR NEXT OF KIN WHO IS NOT A
LAWYER.

CAN I MEDIATE NO, I DON‛T

CASES INVOLVING THINK SO. A
COOPERATIVES OR JURIDICAL PERSON
PEOPLE‛S OR CORPORATION
ORGANIZATION LIKE A COOPERATIVE CAN NOT FILE
OPERATING IN MY A COMPLAINT BECAUSE IT IS NOT
BARANGAY? A PARTY TO AMICABLE
SETTLEMENT. ANY CASE
INVOLVING COOPERATIVE OR
PEOPLE‛S ORGANIZATION CAN GO
DIRECTLY TO COURT WITHOUT
GOING THROUGH MEDIATION OR
CONCILIATION.

SO WHAT ARE THE CASES UNDER THE KATARUNGANG

PAMBARANGAY?

ALL DISPUTES, CIVIL AND

CRIMINAL IN NATURE WHERE
PARTIES ACTUALLY RESIDE IN
THE SAME CITY OR
MUNICIPALITY ARE
SUBJECTED TO PROCEEDINGS
OF AMICABLE SETTLEMENT.
THERE ARE CASES THAT FALL
UNDER OUR JURISDICTION.

K A TA R U N G A N G PA M B A R A N G AY 21
 CASES UNDER KATARUNGANG PAMBARANGAY

UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL

UTTERANCES (ART. 154);
ALARMS AND SCANDALS (ART. 155);
USING FALSE CERTIFICATES (ART. 175);
USING FICTITIOUS NAMES AND CONCEALING TRUE NAMES
(ART. 178);
ILLEGAL USE OF UNIFORMS AND INSIGNIAS (ART. 179);
PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY
(ART. 252);
GIVING ASSISTANCE TO CONSUMMATED SUICIDE (ART. 253);
RESPONSIBILITY OF PARTICIPANTS IN A DUEL IF ONLY
PHYSICAL INJURIES ARE INFLICTED OR NO PHYSICAL INJURIES
HAVE BEEN INFLICTED (ART. 260);
LESS SERIOUS PHYSICAL INJURIES (ART. 265);
SLIGHT PHYSICAL INJURIES AND MALTREATMENT (ART. 266);
UNLAWFUL ARREST (ART. 269);
INDUCING A MINOR TO ABANDON HIS/HER HOME (ART.
271);
ABANDONMENT OF A PERSON IN DANGER AND
ABANDONMENT OF ONE’S OWN VICTIM (ART. 275);
ABANDONING A MINOR (A CHILD UNDER SEVEN [7] YEARS
OLD) (ART. 276);
ABANDONMENT OF A MINOR BY PERONS ENTRUSTED WITH
HIS/HER CUSTODY; INDIFFERENCE OF PARENTS (ART. 277);
QUALIFIED TRESSPASS TO DWELLING (WITHOUT THE USE OF
VIOLENCE AND INTIMIDATION). (ART. 280);
OTHER FORMS OF TRESSPASS (ART. 281);
LIGHT THREATS (ART. 283);
OTHER LIGHT THREATS (ART. 285);
GRAVE COERCION (ART. 286);
LIGHT COERCION (ART. 287);
OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF
MERCHANDISE AND PAYMENT OF WAGES BY MEANS OF
TOKENS). (ART. 288);
23. FORMATION, MAINTENANCE AND PROHIBITION OF
COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE
OR THREATS (ART. 289);

22 A HANDBOOK
 DISCOVERING SECRETS THROUGH SEIZURE AND
CORRESPONDENCE (ART. 290);
REVEALING SECRETS WITH ABUSE OF AUTHORITY (ART.
291);
THEFT (IF THE VALUE OF THE PROPERTY STOLEN DOES NOT
EXCEED P50.00). (ART. 309);
QUALIFIED THEFT (IF THE AMOUNT DOES NOT EXCEED
P500). (ART. 310);
OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL
RIGHTS IN PROPERTY (ART 312);
ALTERING BOUNDARIES OR LANDMARKS (ART. 313);
SWINDLING OR ESTAFA (IF THE AMOUNT DOES NOT
EXCEED P200.00). (ART. 315);
OTHER FORMS OF SWINDLING (ART. 316);
SWINDLING A MINOR (ART. 317);
OTHER DECEITS (ART. 318);
REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY
(ART. 319);
SPECIAL CASES OF MALICIOUS MISCHIEF (IF THE VALUE OF
THE DAMAGED PROPERTY DOES NOT EXCEED P1,000.00).
(ART 328);
OTHER MISCHIEFS (IF THE VALUE OF THE DAMAGED
PROPERTY DOES NOT EXCEED P1,000.00). (ART. 329);
SIMPLE SEDUCTION (ART. 338);
ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE
OFFENDED PARTY (ART 339);
THREATENING TO PUBLISH AND OFFER TO PREVENT SUCH
PUBLICATION FOR COMPENSATION (ART. 356);
PROHIBITING PUBLICATION OF ACTS REFERRED TO IN THE
COURSE OF OFFICIAL PROCEEDINGS (ART. 357);
INCRIMINATING INNOCENT PERSONS (ART. 363);
INTRIGUING AGAINST HONOR (ART. 364);
ISSUING CHECKS WITHOUT SUFFICIENT FUNDS (BP 22);
FENCING OF STOLEN PROPERTIES IF THE PROPERTY
INVOLVED IS NOT MORE THAN P50.00 (PD 1612).

K A TA R U N G A N G PA M B A R A N G AY 23
 MY GOODNESS! THAT‛S A LOT! WHAT OTHER
CASES ARE EXEMPTED IN KATARUNGANG
PAMBARANGAY ASIDE FROM THAT OF A
JURIDICAL PERSON OR CORPORATION?

OFFENSES INVOLVING
GOVERNMENT ENTITY;

OFFENSES WITH MAXIMUM

PENALTY OF 1 YEAR AND EXCEEDING FINE FIVE
THOUSAND (P5,000.00);

OFFENSES WITH NO PRIVATE

PARTY;

REAL PROPERTIES IN DIFFERENT CITIES OR

MUNICIPALITIES, DISPUTES THAT NEED URGENT
LEGAL ACTION, LABOR DISPUTES, LAND DISPUTES
AND ACTION TO ANNUL A JUDGMENT UPON A
COMPROMISE.

WHAT WILL BE THE FIRST STEP IN MEDIATING CASES?

OK. THE COMPLAINANT, WITH THE HELP OF YOUR

SECRETARY, WILL FILL UP KP FORM 7. A MINIMAL
FILING FEE IS BEING CHARGED AND
PAID TO THE BARANGAY TREASURER.

IT IS ALSO VERY IMPORTANT TO

NOTE THAT NO INDIVIDUAL CAN
GO DIRECTLY TO COURT OR ANY
GOVERNMENT OFFICE FOR
ADJUDICATION OF HIS/HER
DISPUTE WITH ANOTHER
INDIVIDUAL ESPECIALLY IF THE
MATTER IS WITHIN YOUR
JURISDICTION.

24 A HANDBOOK
KP FORM # 7: COMPLAINANT’S FORM

Republic of the Philippines

Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA

___________________ Barangay Case No. ________________

___________________ For: ____________________________
Complainant/s
________________________________
________________________________

— against —

__________________
__________________
Respondent/s

COMPLAINT

I/WE hereby complain against above named respondent/s for violating my/our
rights and interests in the following manner:
________________________________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________________________________________________________________
__________________________________

THEREFORE, I/WE pray that the following relief/s be granted to me/us in

accordance with law and/or equity:
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________________________________________________________________
__________________________________

Made this _______ day of ___________, 19____.

________________
Complainant/s

Received and filed this ________ day of __________, 19____.

____________________________
Punong Barangay/Lupon Chairman

K A TA R U N G A N G PA M B A R A N G AY 25
YOU MEAN, THE CONCERNED YES, EXCEPT WHEN THE
PARTIES MUST GO THROUGH PARTIES PERSONALLY
THE KATARUNGANG CONFRONTED EACH OTHER
PAMBARANGAY? AND SETTLE THEIR DISPUTE.
BUT IF NOT, THEY SHOULD
GO THROUGH THE
CONCILIATORY PROCEEDINGS
OR ELSE THE COURTS CAN
SIMPLY DISMISS FOR LACK
OF CAUSE OF ACTION OR
PREMATURITY.

I SEE…ARE WE NOT ACTING NO, WE ARE NOT. THE BASIC

LIKE A COURT AND THE DISTINCTION IN OUR WORK
LUPON AS JUDGES? AS LUPON IS THAT IT IS
NOT A BARANGAY COURT AND
LUPON MEMBERS ARE NOT
JUDGES. IT IS A
CONCILIATION BODY AND
THE MEMBERS ARE
CONCILIATORS. IN YOUR
CASE, YOU ARE THE
MEDIATOR.

OK, NOW AFTER THE WITHIN THREE (3)

COMPLAINANT HAS PAID THE DAYS,YOU SHOULD ISSUE A
FILING FEE, WHAT IS THE NOTICE OF HEARING TO THE
NEXT STEP? COMPLAINANT AND SUMMON
THE RESPONDENT BOTH OF
WHOM SHOULD APPEAR IN
YOUR OFFICE.

26 A HANDBOOK
KP FORM # 8: NOTICE OF HEARING

Republic of the Philippines

Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA

NOTICE OF HEARING
(MEDIATION PROCEEDINGS)

TO: _________________
________________
Complainant/s

You are hereby required to appear before me on the ______ day of _______,
19___ at ________ o’clock in the morning/afternoon for the hearing of your
complaint.

This ________ day of ____________, 19____.

____________________________
Punong Barangay/Lupon Chairman

Notified this ________ day of __________, 19____.

complainant/s
_______________
_______________

WHAT IF ANY OF THE PARTIES FAILED TO APPEAR?

IF THE COMPLAINANT CANNOT APPEAR BEFORE YOU

WITHOUT JUSTIFIABLE CAUSE, HIS/HER
COMPLAINT WILL BE DISMISSED AND
EVENTUALLY HE/SHE CANNOT FILE A
CASE IN COURT. HE CAN ALSO BE
PUNISHED/REPRIMANDED FOR
INDIRECT CONTEMPT. HOWEVER, IF
THE RESPONDENT CANNOT ALSO APPEAR WITHOUT
JUSTIFIABLE CAUSE, HIS/HER COUNTERCLAIM IF
THERE IS ANY, WILL BE DISMISSED AND HE WILL BE
BARRED FROM FILING IN COURT AND BE PUNISHED
FOR INDIRECT CONTEMPT OF COURT.

K A TA R U N G A N G PA M B A R A N G AY 27
KP FORM # 9: SUMMON FOR THE RESPONDENT

Republic of the Philippines

Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA

___________________ Barangay Case No. ________________

___________________ For: ____________________________
Complainant/s
________________________________
________________________________

— against —

__________________
__________________
Respondent/s

SUMMONS

TO: ____________________ _________________________

____________________ _________________________
Respondents

You are hereby summoned to appear before me in person, together with your
witnesses, on the _______ day of _________, 19___ at ____________
o’clock in the morning/afternoon, then and there to answer to a complaint
made before me, copy of which is attached hereto, for mediation/conciliation
of your dispute with complainant/s.

You are hereby warned that if you refuse or willfully fail to appear in
obedience to this summons, you may be barred from filing any counterclaim
arising from said complaint.

FAIL NOT or else face punishment as for contempt of court.

This _______ day of ____________, 19___.

_____________________________
Punong Barangay/Pangkat Chairman

WHAT IF BOTH OF THEM APPEAR? HOW WILL I

RESOLVE THEIR CASES?

CORRECTION, YOU WILL NOT RESOLVE

THEIR CASE BUT YOU WILL HELP THEM RESOLVE
THEIR CASE. AS MEDIATOR, YOU WILL LISTEN
TO THEM CAREFULLY AND HELP THEM FIND THE

28 A HANDBOOK
SOLUTION WITHIN 15 DAYS. IF THE RESPONDENT DOES NOT
APPEAR, THE CASE WILL BE REFERRED TO THE PANGKAT
TAPAGPAGKASUNDO.

KP FORM # 9: BACK PAGE

OFFICER’S RETURN

I served this summons upon respondent ____________________________ on

the ______ day of ______________, 19____, and upon respondent
___________________________ on the day of ________________, 19____,
by:
(Write name/s of respondent/s before mode by which he/they was/were
served.)
Respondent/s
__________________________ 1. handing to him/them said
summons in person, or
__________________________ 2. handing to him/them said
summons and he/they refused to
receive it, or
__________________________ 3. leaving said summons at his/their
dwelling with __________ (name)
a person of suitable age and
discretion residing therein, or
__________________________ 4. leaving said summons at his/their
office/place of business with
________, ( name) a competent
person in charge thereof.

_____________
Officer

Received by Respondent/s representative/s:

___________________ __________________
Signature Date
___________________ __________________
Signature Date

NOW, BEFORE I ASK FURTHER ON THE PANGKAT, AS

THE PUNONG BARANGAY, WHAT WILL I DO IN
HANDLING THEIR CASES PROPERLY?

BEFORE THE ACTUAL MEDIATION, IT

IS NECESSARY FOR YOU TO KNOW
THE PARTIES INVOLVED AND THEIR
DIFFERENCES.

K A TA R U N G A N G PA M B A R A N G AY 29
 THEN, WHAT WILL I DO? IS THERE A
SET OF RULES TO BE FOLLOWED?

IT IS VERY IMPORTANT TO EXPLAIN THE

PROCESS AND OBJECTIVES OF THE
MEDIATION AND THE RULES TO BE
OBSERVED DURING THE MEDIATION.

IT IS BETTER IF YOU
COULD START THE
WHOLE PROCESS WITH
A PRAYER… GIVE EACH
PARTY TIME TO
EXPLAIN THEIR SIDE
WITHOUT INTERRUPTION FROM THE
OTHER PARTY. ASK QUESTIONS AND
INVOLVE BOTH PARTIES IN LOOKING
FOR THE SOLUTION OF THEIR DISPUTES.

IT SEEMS IT IS A VERY TEDIOUS

TO BE SO PROCESS THAT NEEDS A
EASY… GREAT DEAL OF RESPECT
AND LISTENING.
REMEMBER YOU ARE A NOT A JUDGE
BUT A MEDIATOR…LET BOTH PARTIES
FIND A SOLUTION TO THEIR DISPUTE.

SO IF THEY AGREED TO HAVE

YES, BUT IT SHOULD BE
SETTLEMENT, SHOULD WE
IN A LANGUAGE OR
PUT INTO WRITING THE
DIALECT
TERMS AND CONDITION OF
KNOWN TO
THEIR SETTLEMENT?
PARTIES.

30 A HANDBOOK
KP FORM # 16: AMICABLE SETTLEMENT

Republic of the Philippines

Province of __________
CITY/MUNICIPALITY OF ______________
Barangay _________________
OFFICE OF THE LUPONG TAGAPAMAYAPA

___________________ Barangay Case No. ________________

___________________ For: ____________________________
Complainant/s
________________________________
________________________________
— against —

__________________
__________________
Respondent/s

AMICABLE SETTLEMENT

We, complainant/s and respondent/s in the above-captioned case, do hereby

agree to settle our dispute as follows:
__________________________________________
__________________________________________
__________________________________________

and bind ourselves to comply honestly and faithfully with the above terms of
settlement.
Entered into this ______ day of __________, 19_______.

Complainant/s Respondent/s
___________________ __________________
___________________ __________________

ATTESTATION

I hereby certify that the foregoing amicable settlement was entered into by the
parties freely and voluntarily, after I had explained to them the nature and
consequence of such settlement.
______________________________
Punong Barangay/Pangkat Chairman

HOW CAN WE BE ENSURED THAT THE

AGREEMENT WILL BE COMPLIED?

AFTER 10 DAYS, THE SETTLEMENT

WILL BE EXECUTORY AND IT HAS THE
FORCE AND EFFECT OF A DECISION OF
A COURT.

K A TA R U N G A N G PA M B A R A N G AY 31
 WHAT IF ANY OF IN THAT CASE, ANY
DISPUTANT WAS FORCED PARTY CAN PROTEST THE
TO COME UP WITH THE SETTLEMENT WITHIN
SETTLEMENT 10 DAYS. FOR
THROUGH FRAUD, AFTER 10 DAYS,
THREAT OR THE SETTLEMENT
INTIMIDATION? WILL TAKE
EFFECT.

HOW CAN THE HE/SHE CAN

RESPONDENT VOLUNTARY
COMPLY WITH COMPLY WITH
THE SETTLEMENT? THE SETTLEMENT
WITHIN 5 DAYS.
HOWEVER, IF HE/SHE
FAILS, THEN, WE CAN
TAKE HIS/HER PROPERTY
AS PRESCRIBED BY LAW.
WE CAN DISCUSS THAT
FURTHER LATER.

WHAT IF MY MEDIATION YES, OF COURSE. OUR

FAILS AND NO CULTURE PROVIDES
SETTLEMENT IS EVER QUITE A NUMBER OF
REACHED? IS THERE ANY WAYS OF RESOLVING
WAY THAT THE PARTIES DISPUTES. ONE OF
CAN SETTLE THEIR THESE IS RESOLVING
DISPUTES? THROUGH A GROUP OF
CONCILIATORS KNOWN
AND RESPECTED BY BOTH
PARTIES…IN THE CODE,
WE CALL THIS PANGKAT
TAGAPAGKASUNDO.

32 A HANDBOOK