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Mediation

This document summarizes the revised Katarungang Pambarangay law regarding mediation and conciliation of disputes at the barangay level in the Philippines. It outlines the basic steps of filing a case, issuing notices and summons, conducting mediation with the barangay captain, and establishing a conciliation panel if mediation fails. The goals are resolving disputes locally through agreement without needing to go to court. If an agreement is reached, it becomes binding after 10 days unless repudiated or appealed to the proper court.

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9 views14 pages

Mediation

This document summarizes the revised Katarungang Pambarangay law regarding mediation and conciliation of disputes at the barangay level in the Philippines. It outlines the basic steps of filing a case, issuing notices and summons, conducting mediation with the barangay captain, and establishing a conciliation panel if mediation fails. The goals are resolving disputes locally through agreement without needing to go to court. If an agreement is reached, it becomes binding after 10 days unless repudiated or appealed to the proper court.

Uploaded by

francis ativo
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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REVISED KATARUNGANG

PAMBARANGAY LAW
Sections 399-422, Chapter 7 Title One, Book III
of RA No. 7160
MEDIATION
• Explain the process and objectives of
mediation & the rules to be observed
Basic •steps
Give in handling
each party tocases bytheir
explain the side
Punong
Barangayfrom the other party
without interruption
• Ask questions and involve both parties in
looking for a solution
• REMEMBER:
– Punong Barangay 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 / GOV’T 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
CAPTAIN’S OFFICE
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.
If MEDIATION before the PUNONG
BARANGAY FAILS
• The parties cannot yet elevate their case to court
• The parties still have to go through conciliation
proceedings
– Punong Barangay 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 Punong Barangay, while CONCILIATION
is done by the PANGKAT headed by a CHAIRPERSON.
Thank you

for attending this Session

and

Good Luck!

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