The Katarungang Pambarangay or Barangay Justice within fifteen (15) days from the first meeting of the parties

System is a community-based dispute settlement before him, he shall forthwith set a date for the constitution
mechanism that is administered by the basic political unit of the pangkat in accordance with the provisions of this
of the country, the barangay. As a community-based Chapter. C. Suspension of prescriptive period of
mechanism for dispute resolution, it covers disputes offenses.- While the dispute is undermediation,
between members of the same community (generally, same conciliation, or arbitration, the prescriptive periods for
city/municipality) and involves the Punong Barangay and offenses and cause of action under existing laws shall be
other members of the communities (the Lupon members) as interrupted upon filing of the complaint with the punong
intermediaries (mediators, conciliators, and, sometimes, barangay. The prescriptive periods shall resume upon
arbitrators). The establishment and operation of the receipt by the complainant of the complaint or the
Barangay Justice System is mandated by Republic Act No. certificate of repudiation or of the certification to file action
7160 or the Local Government Code of 1991. issued by the lupon or pangkat secretary; Provided,
however, That such interruption shall not exceed sixty (60)
COMMON PURPOSES OF KB AND ADRTo help days from the filing of the complaint with the punong
lighten judicial workload and decongest heavy court barangay. D. Issuance of summons; hearing; grounds for
dockets.1 B. To empower the people to resolve their own disqualification.- The Pangkat shall convene not later than
disputes.2 C. To preserve the Filipino culture of prior three (3) days from its constitution, on the day and hour set
conciliation to resolve their disputes. by the lupon chairman, to hear both parties and their
witnesses, simplify issues, and explore all possibilities for
Subject Matter Jurisdiction for KB Proceedings 1. amicable settlement. For this purpose, the pangkat may
Crimes where the imposable penalty does not exceed 1 year issue summons for the personal appearance of parties and
of imprisonment or P5,000.00 fine. 2. All civil cases witnesses before it. In the event that a party moves to
without limit on the amount or value of the property disqualify any member of the pangkat by reason of
involved in the dispute. relationship, bias, interest, or any other similar grounds
discovered after the constitution of the pangkat, the matter
Lupong Tagapamayapa (Lupon) Is a body organized in shall be resolved by the affirmative vote of the majority of
every barangay composed of Punong Barangay as the the pangkat whose decision shall be final. Should
chairperson and not less than ten (10) and more than twenty disqualification be dicidedupon, the resulting vacancy shall
from which the members of every Pangkat shall be chosen. be filled as herein provided for. E. Period to arrive at a
settlement. –The pangkat shall arrive at a settlement or
Pangkat Tagapagkasundo (Pangkat) Is a conciliation resolution of the dispute within fifteen (15) days from the
panel constituted from the Lupon membership for every day it convenes in accordance with this section. This period
dispute brought before the Lupon consisting of three (3) shall, at the discretion of the pangkat, be extendible
members after the Punong Barangay has failed in his foranother period which shall not exceed fifteen (15) days,
mediation efforts. except in clearly meritorious cases (Section 410 of
Administrative Circular No 14-93)
Venue A. Disputes between persons actually residing in the
same barangay shall be brought for amicable settlement Conciliation A. Pre-Condition to Filing of Complaint in
before the lupon of said barangay B. These involving actual Court.- No complaint, petition, action, or proceeding
residents of different barangays within the same city involving any matter within the authority ofthe lupon shall
ormunicipality shall be brought in the barangays where the be filed or instituted directly in court or any other
respondent or any of the respondents actually resides, at the government office for adjudication, unless there has been a
election of the complainant. C. All disputes involving real confrontation between the parties before the lupon
property or any interest therein shall be brought in the chairman or the pangkat, and that no conciliation or
barangay where the real property or the larger portion settlement has been reached as certified by the lupon
thereof is situated. D. Those arising at the work place secretary or pangkat secretary as attested to by the lupon or
where the contending parties are employed orat the pangkat chairman or unless the settlement has been
institution where such parties are enrolled for study, shall repudiated by the parties thereto. B. Where Parties May
be brought in the barangay where such workplace or Go Directly to Court.- The parties may go directly to
institution is located. Objections to venue shall be raised in court in the following instances: 1. Where the accused is
the mediation proceedings before the punong barangay; under detention 2. Where a person has otherwise been
otherwise, the same shall be deemed waived. Any legal deprived of personal liberty calling for habeaus corpus
question which may confront the punong barangay in proceedings; 3. Where actions are coupled with provisional
resolving objections to venue herein referred to may be remedies such as preliminary injunction, attachment,
submitted to the Secretary of Justice, or his duly designated delivery of personal property, and support pendent lite; and
representative, whose ruling thereon shall be binding 4. Where the action may otherwise be barred by the statute
(Section 409 of Administrative Circular No 14-93). of limitations. C. Conciliation among members of
indigenous cultural communities.- The customs and
Procedure for Amicable Settlement A. Who may initiate traditions of indigenous cultural communities shall be
proceeding. -Upon payment of the appropriate filing fee, applied in settling disputes between members of the
any individual who has acause of action against another cultural communities (Section 412 of Administrative
individual involving any matter within the authority of the Circular No 14-93)
lupon chairman of the barangay. B. Mediation by lupon
chairman. - Upon receipt of the complaint, the lupon Proceedings Open to the Public; Exception All
chairman shall within the next working day summon the proceedings fors settlement shall be public and informal:
respondent/s, with notice to the complainant/s for them and Provided, however, that the lupon chairman or the pangkat
their witnesses to appear before him for a mediation of their chairman, as the case may be, may motu proprio or upon
conflicting interests. If he fails in his mediation effort request of a party, exclude the public from the proceedings
in the interest of privacy, decency, or public morals omission that is contrary to the same. A lawyer's personal
(Section 414 of Administrative Circular No 14-93. deference to the law not only speaks of his character but it
also inspires the public to likewise respect and obey the
Effects of Amicable Settlement and Arbitration Award law. Rule 1.01, on the other hand, states the norm of
The amicable settlement and arbitration award shall have conduct to be observed by all lawyers.
the force and effect of a final judgement of a court upon the
expiration of ten (10) days from the date thereof, unless Administrative Circular No. 14-93 July 15, 1993 All
repudiation of the settlement has been made or a petition to disputes are subject to Barangay conciliation pursuant to
nullify the award has been filed before the proper city or the Revised Katarungang Pambarangay Law, and prior
municipal court. However, this provision shall not apply to recourse thereto is a pre-condition before filing a complaint
court cases settled by the lupon under the last paragraph of in court or any government offices, except in the following
Section 408 of this Code, in which case the compromise disputes: 1. Where one party is the government, or any
settlement agreed upon by the parties before the lupon subdivision or instrumentality thereof; 2. Where one party
chairman or the pangkat chairman shall be submitted to the is a public officer or employee, and the dispute relates to
court and upon approval thereof, have the force and effect the performance of his official functions; 3. Where the
of a judgement of said court (Section 416 of Administrative dispute involves real properties located in different cities
Circular No 14-93). and municipalities, unless the parties thereto agree to
Execution The amicable settlemet or arbitration award may submit their difference to amicable settlement by an
been forced by execution by the lupon within six (6) appropriate Lupon; 4. Any complaint by or against
months from the date of settlement. After the lapse of such corporations, partnership or juridical entities, since only
time, the settlement may be enforced by action in the individuals shall be parties to Barangay conciliation
appropriate city or municipal court (Section 417 of proceedings either as complainants or respondents (Sec. 1,
Administrative Circular No 14-93). Rule VI, Katarungang Pambarangay Rules); 5. Disputes
Repudiation Any party to the dispute may, within ten (10) involving parties who actually reside in barangays of
days from the date of the settlement, repudiate the same by different cities or municipalities, except where such
filing with the lupon chairman a statement to that effect barangay units adjoin each other and the parties thereto
sworn to before him, where the consent is vitiated by fraud, agree to submit their differences to amicable settlement by
violence, or intimidation. Such repudiation shall be an appropriate Lupon; 6. Offenses for which the law
sufficient basis for the issuance of the certification for prescribes a maximum penalty of imprisonment exceeding
filing a complaint as herein above provided (Section 416 of one (1) year or a fine over five thousand pesos (P5,000.00);
Administrative Circular No 14-93). 7. Offenses where there is no private offended party; 8.
Disputes where urgent legal action is necessary to prevent
Motion to dismiss under Administrative Matter No. 19- injustice from being committed or further continued,
10- 20-SC 1. Lack of Jurisdiction 2. Res Judicata 3. There specifically the following: a. Criminal cases where accused
is another pending action 4. Prescription is under police custody or detention (see Sec. 412 (b) (1),
Revised Katarungang Pambarangay Law); b. Petitions for
Miguel v. Motañez (G.R. No. 191336, January 25, 2012) habeas corpus by a person illegally deprived of his rightful
In the instant case, the respondent did not comply with the custody over another or a person illegally deprived or on
terms and conditions of the Kasunduang Pag-aayos. Such acting in his behalf; c. Actions coupled with provisional
non- compliance may be construed as repudiation because remedies such as preliminary injunction, attachment,
it denotes that the respondent did not intend to be bound by delivery of personal property and support during the
the terms thereof, thereby negating the very purpose for pendency of the action; and d. Actions which may be
which it was executed. Perforce, the petitioner has the barred by the Statute of Limitations. 9. Any class of
option either to enforce the Kasunduang Pag-aayos, or to disputes which the President may determine in the interest
regard it as rescinded and insist upon his original demand, of justice or upon the recommendation of the Secretary of
in accordance with the provision of Article 2041 of the Justice; 10. Where the dispute arises from the
Civil Code. Having instituted an action for collection of Comprehensive Agrarian Reform Law (CARL) (Sec. 46 &
sum of money, the petitioner obviously chose to rescind the 47, R.A. 6657); 11. Labor disputes or controversies arising
Kasunduang pagkasunduan. from employer-employee relations (Montoya vs. Escayo, et
al., 171 SCRA 442; Art. 226, Labor Code, as amended,
Is Barangay Conciliation a mandatory requirement which grants original and exclusive jurisdiction over
before a party may file an action in court? No. It’s a conciliation and mediation of disputes, grievances or
condition precedent but it not mandatory. problems to certain offices of the Department of Labor and
Employment); 12. Actions to annul judgment upon a
Celistino Malecdan v. Atty. SimpsonT. Baldo (A.C. Np. compromise which may be filed directly in court (See
12121, June 27, 2018) As stated in the case of Ledesma v. Sanchez vs. Tupaz, 158 SCRA 459).
Court of Appeals, Section 9 of P.D. 1508 mandates
personal confrontation of the parties because “a personal ADR
confrontation between the parties without the
intervention of a counsel or representative would REPUBLIC ACT NO. 9285 (ADR ACT OF 2004)
generate spontaneity and a favorable disposition to ALTERNATIVE DISPUTE RESOLUTION: Any
amicable settlement on the part of the disputants.” Atty. process or procedure used to resolve a dispute or
Baldo's violation of P.D. 1508 thus falls squarely within the controversy, other than by adjudication of a presiding judge
prohibition of Rule 1.01 of Canon 1 of the Code of of a court or an officer of a government agency in which a
Professional Responsibility (CPR). Canon 1 clearly neutral third party participates to assist in the resolution of
mandates the obedience of every lawyer to laws and legal issues ⇒ Procedures of the same nature in quasi-judicial
processes. A lawyer, to the best of his ability, is expected to agencies are not included.
respect and abide by the law: and thus, avoid any act or
Hygenic Packaging Corporation v. Nutri Asia Inc. The
Court held that parties are allowed to constitute any Objective and Benefits of ADR 1. Speedy and impartial
stipulation on the venue or mode of dispute resolution as disposition of cases 2. Declogging of court dockets
part of their freedom to contract under Article 1306 of the
Civil Code of the Philippines. Here, however, the records Subject Matter of ADR All adversarial disputes and
lack any written contract of sales containing the specific controversies can be the subject matter of ADR Exceptions
terms and conditions agreed upon by the parties. The (Sec. 6 [b] to [h]of RA 9285) 1. The civil status of persons
parties failed to provide evidence of any contract, which - matter determined by law and is not subject to the
could have contained stipulations on the venue of dispute discretion of the parties. 2. The validity of marriage or any
resolution. Since there is no contractual stipulation that can ground for legal separation - matters over which the State
be enforced on the venue of dispute resolution, the venue of has a keen interest to protect. 3. The jurisdiction of the
petitioner’s personal action will be governed by the 1997 courts - jurisdiction over the subject matter of a case is
Revised Rules of Civil Procedure. determined by law and is not dependent upon the
allegations of parties except in the case of jurisdiction by
State Policy on ADR (Section 2, ADR Act of 2004) estoppel. 4. Future legitime - future legitime is inexistent
1. To actively promote party autonomy in the resolution of and cannot be waived. 5. Criminal liability - not susceptible
disputes or the freedom of the parties to make their own of ADR. 6. In general, those which, by law, cannot be
arrangement to resolve their disputes compromised (refer to Art. 2035 of the Civil Code of the
2. The state shall encourage and actively promote the use of Philippines) - examples of law, which cannot be,
ADR as an important means to achieve speedy and compromised article 2035 of New Civil Code; it is against
impartial justice public policy to waive or enter into compromise regarding
3. declog court dockets. future support.
4. The State shall provide means for the use of ADR as an
efficient tool and an alternative procedure for the Office of the Alternative Dispute Resolution (OADR)
resolution of appropriate cases The President signed Executive Order No. 97 on October
18, 2012, giving the Office of the Alternative Dispute
Modes of Resolving Disputes A. Unilateral Mode − Resolution (OADR) all the authority and functions being
Action taken by one party without regard to the wishes of discharged by the Office of the President (OP) over
the other party − Fight, flight or surrender, forgiveness B. disputes filed with the courts, quasi-judicial bodies or
Bilateral Mode − Direct negotiations between the parties administrative offices.
to arrive at a settlement that could be mutually beneficial
C. Third Party Intervention Mode − Facilitative Objective of the Office for Alternative Dispute
(conciliation, mediation) Advantages of ADR § It is less Resolution 1. to promote, develop and expand the use of
expensive compared to the costs of litigation and other ADR in the private and public sectors; and 2. To assist the
forms of conflict resolution. It enables parties to reach government to monitor, study and evaluate the use by the
settlements speedily § It enables the parties to know and public and the private sector of ADR, and recommend to
understand the parties' interests and concerns. § Parties are Congress needful statutory changes to develop, strengthen
generally more satisfied with the agreements that they and improve ADR practices in accordance with world
themselves crafted. standards.

Forms of ADR 1. Arbitration − A voluntary resolution Powers and Functions of the Office for Alternative
process in which one or more arbitrators are appointed in Dispute Resolution 1. To formulate standards for the
accordance with the agreement of the parties, or rules training of the ADR practitioners and service providers; 2.
promulgated pursuant to the ADR Act, and who resolve a To certify that such ADR practitioners and ADR service
dispute by rendering an award 2. Mediation − A mediator, providers have undergone the professional training
selected by disputing parties, facilitates communication and provided by the office; 3. To coordinate the development,
negotiation, and assist the parties in reaching a voluntary implementation, monitoring, and evaluation of government
agreement regarding a dispute − Mediation v. arbitration ADR programs; 4. To charge fees for their services; and 5.
As to binding decision v Arbitration – an arbitral tribunal To perform such acts as may be necessary to carry into
or arbitrator evaluates the evidence and the merits of the effect the provisions of this Act.
case and renders an arbitral award based on his
appreciation v Mediation – the parties to controversy are MEDIATION “A voluntary process in which a mediator
convinced by a mediator to settle their controversy through selected by the parties, facilitates communication and
voluntary agreement of the parties themselves 3. negotiation and assists the parties in reaching a voluntary
Conciliation The adjustment and settlement of a dispute in agreement regarding a dispute.
a friendly, antagonistic manner Conciliation tries to
individualize the optimal solution and direct parties Classification of Mediation 1. Mediation is non-
towards a satisfactory common agreement 4. Neutral and evidentiary or non-merit based. a. Mediation focuses on the
Early Neutral Evaluation − An ADR process wherein the facilitation of communication and negotiation between the
parties and their lawyers are brought together to present parties in order to encourage them voluntarily to settle their
summaries of their cases and receive a non-binding dispute. 2. Mediation is either institution when
assessment 5. Mini-Trial A structured dispute resolution administered by, and conducted under the rules of
method in which the merits of a case are argued before a mediation and ad hoc if it is other than institutional. 3. An
panel composed of senior decision makers with or without agreement to submit a dispute to a mediation by an
the presence of a neutral third person after which the parties institution shall include an agreement: a. To be bound by
seek a negotiated settlement 6. Any Combination of the the internal mediation and administrative policies of such
Foregoing Med-arb 7. Any Other ADR Form institution; b. To have such rules govern the mediation of
(Innominate ADR Form) the dispute and for the mediator, the parties and their
respective counsels and non-party participants to abide by record, or orally during a proceeding by the mediator and
such rules. the mediation parties.
A privilege arising from the confidentiality of information
Place of Mediation Parties to mediation are given the may likewise be waived by a nonparty participant if the
freedom to agree on the place of mediation. In the absence information is provided by such nonparty participant.
of such agreement, place of mediation shall be any place A person who discloses confidential information shall be
convenient and appropriate to all parties. Stages of precluded from asserting the privilege under Section 9 of
Mediation 1. Opening statement of Mediator 2. Statement this Chapter to bar disclosure of the rest of the information
of the paties 3. Exchange by the parties of the facts 4. necessary to a complete understanding of the previously
Generalization of options 5. Closure Mediation shall be disclosed information. If a person suffers loss or damages
closed and concluded by: a) Execution of settlement in a judicial proceeding against the person who made the
agreement by the parties; or b) By the withdrawal of any disclosure.
party from mediation; or c) By the written declaration of A person who discloses or makes a representation about a
the mediator that any further effort at mediation would not mediation is preclude from asserting the privilege under
be helpful. Section 9, to the extent that the communication prejudices
another person in the proceeding and it is necessary for the
Confidential Information Any information, relative to the person prejudiced to respond to the representation of
subject of mediation or abitration, expressly intended by disclosure.
the source not to be disclosed Confidential information
includes: 1. Communication, oral or written, made in a The Mediator - The mediation parties are given the
dispute resolution proceeding 2. An oral or written freedom to select their mediator and they may request the
statement made or which occurs during the mediation 3. Office of ADR to provide them with a list or roster of its
Pleadings, motions, manifestation, written statements, certified mediators.
reportsfiled or submitted in arbitration or for expert
evaluation. Mediator’s Cost and Fees − A mediator is allowed to
charge costs, reasonable fees and charges against the
Coverage of Confidential Communication Information parties but he is under obligation to fully disclose and
obtained through mediation proceedings shall be subject to explain the basis.
the following principles and guidelines: (a) Information
obtained through mediation shall be privileged and Mediated Settlement Agreements − The concluding
confidential. (b) A party, a mediator, or a nonparty argument in a successful mediation is called the mediated
participant may refuse to disclose and may prevent any settlements agreement or settlement agreement.
other person from disclosing a mediation communication.
(c) Confidential Information shall not be subject to The Role of Counsel in Mediation A party may designate
discovery and shall be inadmissible if any adversarial a lawyer or any other person to provided assistance in the
proceeding, mediation. This right may be waived but the waiver must
be in writing and can be rescinded at any time. The lawyer
Remedy If the Mediator Disclosed the Information 1. or counsel shall have the following roles: a) Collaborate
Deny the allegation 2. File a case against the mediator with the other lawyer in working together towards the
common goal of helping their clients resolve their
Exceptions Based on Public Policy 1. A court proceeding indifferences to their mutual advantage. b) Encourage and
involving a felony 2. A proceeding to prove a claim or assist the client to actively participate in positive
defense that under the law, it is sufficient to avoid liability discussions and cooperate in crafting an agreement to
in the mediation resolve their dispute. c) Assist the client to comprehend and
appreciate the mediation process and its benefits. d) Confer
Limited Use of Evidence Admission of the evidence for and discuss with the client the mediation process and
the limited purpose of the exception does not render the substance.
evidence admissible for any other purpose.
ARBITRATION Concept Of Arbitration As defined,
Privilege of the Mediator General Rule: A mediator may arbitration is a voluntary dispute resolution process in
not be compelled to provide evidence of mediation which one or more arbitrators, appointed in accordance
communication. Exception: A mediator may not make with the agreement of the parties or rules promulgated
report to a court or agency that will make a ruling on pursuant to the ADR Act, resolve a dispute by rendering an
dispute that is subject of mediation except with the award. An arrangement for taking and abiding by the
following cases: a. Where the mediation occurred or has judgment of selected persons in some disputed matter,
terminated or where a settlement was reached; b. Permitted instead of carrying it to established tribunals of justice and
to be disclosed under Section 13 of the ADR Act. is intended to avoid formalities, the delay, the expense and
vexation of ordinary litigation (Uniwide Sales Realty vs.
Waiver Of Confidentiality - The protection of Titan-Ikeda Construction 511 SCRA 335, 2006)
confidentiality is susceptible of waiver. - Waiver can either
be expressed such as when it is contained in record or ADR Provider “ADR Provider” means institutions or
implied by failing to timely object to objectionable persons accredited as mediator, conciliator, arbitrator,
questions or by testifying or presenting a witness to testify neutral evaluator, or any person exercising similar
on confidential and privileged information. - Waiver can functions in any Alternative Dispute Resolution system.
also come by way of estoppel. This is without prejudice to the rights of the parties to
choose non-accredited individuals to act as mediator,
SEC. 10. Waiver of Confidentiality. - A privilege arising conciliator, arbitrator, or neutral evaluator of their dispute.
from the confidentiality of information may be waived in a (Section 3) Whenever referred to in this Act, the term
“ADR practitioners” shall refer to individuals acting as or suspension of enforcement of an award has been made,
mediator, conciliator, arbitrator or neutral evaluator. the Regional Trial Court may, if it considers it proper,
(Section 3) vacate its decision and may also, on the application of the
party claiming recognition or enforcement of the award,
Liability as public officers. order the party to provide appropriate security. (Section 42)

Early Neutral Evaluation “Early Neutral Evaluation”

means an ADR process wherein parties and their lawyers
are brought together early in a pre-trial phase to present
summaries of their cases and receive a nonbinding
assessment by an experienced, neutral person, with
expertise in the subject in the substance of the dispute.

WHAT IS THE NATURE OF ARBITRATION

PROCEEDINGS? The arbitration proceedings, including
the records, evidence and the arbitral award, shall be
considered confidential and shall not be published.

WHEN MAY THE PROCEEDINGS BE ALLOWED

TO BE PUB- LISHED? The proceedings may be allowed
to be published on the following conditions: (1) with the
consent of the parties, or (2) for the limited purpose of
disclosing to the court of relevant documents in cases
where resort to the court is allowed herein.

MAY A PARTY REQUEST FOR AN INTERIM

MEASURE OF PROTECTION? Yes. It is not
incompatible with an arbitration agreement for a party to
request, before constitution of the tribunal, from a Court an
interim measure of protection and for the Court to grant
such measure. (Section 28)

WHEN MAY A REQUEST FOR INTERIM

MEASURE BE MADE? After constitution of the arbitral
tribunal and during arbitral proceedings, a request for an
interim measure of protection or modification thereof, may
be made with the arbitral tribunal or to the extent that the
arbitral tribunal has no power to act or is unable to act
effectively, the request may be made with the Court.
(Section 28)

WHEN IS THE ARBITRAL TRIBUNAL DEEMED

CONSTITUTED? The arbitral tribunal is deemed
constituted when the sole arbitrator or the third arbitrator
who has been nominated, has accepted the nomination and
written communication of said nomination and acceptance
has been received by the party making request.

WHEN MAY AN ARBITRATOR ACT AS

MEDIATOR AND A MEDIATOR AS AN
ARBITRATOR? By written agreement of the parties to a
dispute, an arbitrator may act as mediator and a mediator
may act as arbitrator. The parties may also agree in writing
that, following a successful mediation, the mediator shall
issue the settlement agreement in the form of an arbitral
award. (Section 36)

WHEN MAY AN ARBITRATOR ACT AS

MEDIATOR AND A MEDIATOR AS AN
ARBITRATOR? By written agreement of the parties to a
dispute, an arbitrator may act as mediator and a mediator
may act as arbitrator. The parties may also agree in writing
that, following a successful mediation, the mediator shall
issue the settlement agreement in the form of an arbitral
award. (Section 36)

WHEN MAY THE REGIONAL TRIAL. COURT

VACATE ITS DECISION? If the application for rejection