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  • UNIT 1 - LAW RE WPS Office

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    The document discusses the Katarungang Pambarangay system, which aims to settle disputes at the barangay level through amicable settlement. It defines key terms related to dispute resolution mechanisms like mediation, conciliation, arbitration, and indigenous modes of dispute resolution. The actual process involves initial mediation by the Punong Barangay, followed by conciliation through a Pangkat if needed. For unresolved disputes, arbitration is available, which involves a hearing process overseen by a third party arbitrator. The document also outlines the typical costs associated with arbitration.

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    UNIT-1-_-LAW-RE-WPS-Office

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    The document discusses the Katarungang Pambarangay system, which aims to settle disputes at the barangay level through amicable settlement. It defines key terms related to dispute resolution mechanisms like mediation, conciliation, arbitration, and indigenous modes of dispute resolution. The actual process involves initial mediation by the Punong Barangay, followed by conciliation through a Pangkat if needed. For unresolved disputes, arbitration is available, which involves a hearing process overseen by a third party arbitrator. The document also outlines the typical costs associated with arbitration.

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    21 views4 pages

    UNIT 1 - LAW RE WPS Office

    Uploaded by

    Kyla
    The document discusses the Katarungang Pambarangay system, which aims to settle disputes at the barangay level through amicable settlement. It defines key terms related to dispute resolution mechanisms like mediation, conciliation, arbitration, and indigenous modes of dispute resolution. The actual process involves initial mediation by the Punong Barangay, followed by conciliation through a Pangkat if needed. For unresolved disputes, arbitration is available, which involves a hearing process overseen by a third party arbitrator. The document also outlines the typical costs associated with arbitration.

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    of 4

    UNIT 1 " LAW RELATED POLITICS"

    Local Government Code of 1991 (Republic Act 7160), the Katarungang Pambarangay (KP) or the
    Barangay Justice System is an extra-governmental mechanism aims at perpetuating the time-honored
    tradition of amicably settling interpersonal disputes

    Katarungang Pambarangay - It provides for resolution of disputes at the barangay level

    Adjudication -is the power of courts or quasi-judicial agencies

    Amicable Settlement -is an agreement reached during mediation

    Arbitration -is a process wherein the third party from outside

    Arbitration Award -is the decision reached by either the lupon chairperson or pangkat

    Attachment -is a provisional remedy in the form of an order issued by a judge

    Complainant — plaintiff

    Complaint -is a concise statement of ultimate facts

    Conciliation -is a process wherein the Pangkat forgoes the power

    Delivery of Personal Property (Replevin) -is provisional remedy by which a judge before whom an
    action is pending

    Execution -is the process of exacting satisfaction.

    Habeas Corpus- is a judicial proceeding for the purpose of releasing a person.

    Incompetent -means a person who is suffering the penalty of civil interdiction

    Jurisdiction -is an authority to hear and decide a case

    Katarungang Barangay (KP)- is a system of justice administered at the barangay level

    Lupong Tagapamayapa (Lupon) -is a body organized in every barangay composed of Punong Barangay
    as the chairperson and not less than ten (10) and more than twenty from which the members of every
    Pangkat shall be chosen.

    Mediation -is a process wherein the Lupon chairperson or Barangay Chairperson assists the disputing
    parties

    Minor -is a person below eighteen (18) years of age.

    Next of Kin -is an individual who is a relative or a responsible friend

    Pangkat Tagapagkasundo (Pangkat) -is a conciliation panel


    Preliminary injunction -the case is pending at any stage before the final judgment

    Repudiation - is an act of rejecting the validity or refusing to accept the terms and conditions

    Respondent — defendant

    Statute of Limitations -is the law which bars or does not allow the institution or filing of an action

    Support Pendente Lite - the case is pending granting allowance, dwelling, clothing, education and
    medical attendance to the person entitled thereof.

    Venue -is the place where the case is to be heard and decided.

    PART 1 ACTUAL PROCESS


    The Revised Katarungang Pambarangay Law under R.A. 7160, otherwise known as the local Government
    Code of 1991, effective on January 1, 1992, and which repealed P.D. 1508,

    B. Mediation through the Punong Barangay- In a recent article contemplating the challenges society will
    face to survive the next half century. there is evidence- from China, Taiwan, India, Britain, Australia,
    Japan, and Turkey

    C. Conciliation through the Pangkat Tagapagkasundo-- In the process of Conciliation, the Punong
    Barangay will constitute the Pangkat ng Tagasundo within 15 days form the last day of the mediation
    proceedings.

    D. Arbitration-  Arbitration sounds like a term you might have found in a union dispute a few decades
    ago.

    Arbitration is a form of alternative dispute resolution (ADR),

    The Process of Arbitration-Arbitration is the process of bringing a business dispute

    Arbitration hearings- resemble a trial the third party,

    Arbitration vs. Mediation- Arbitration is often confused with mediation, 

    Arbitration Clause in Contracts- Typically, arbitration begins when two parties agree to settle their
    dispute

    Selecting an Arbitrator- Arbitrators are trained professionals who have expertise in specific areas of
    arbitration,

    How the Arbitration Process Works 


    According to the American Arbitration Association (AAA), here is the general process for arbitration.

    Filing and Initiation: An arbitration case begins when one party submits a Demand for Arbitration to the
    AAA.

    Arbitrator Selection: The AAA works with the parties to identify and select an arbitration based on the
    criteria determined by the parties.

    Preliminary Hearing: The arbitrator conducts a preliminary hearing with the parties,

    Information Exchange and Preparation: The parties then prepare for presentations and exchange
    information.

    Hearings: At the hearing, both parties may present testimony and evidence to the arbitrator.

    Post-Hearing Submissions: After the hearing, both parties may present additional documentation, as
    allowed by the arbitrator.

    The Award: Finally, the arbitrator closes the record on the case and issues a decision, including an
    award, if applicable.3

    What Does Arbitration Cost?

    Arbitration costs vary based on the complexity and detail of the case and the level of expertise you want
    from the arbitrator. Typically, the cost of arbitration includes:

    Administrative fees, including filing fees and final/hearing fees, and

    Arbitrator compensation. Arbitrator fees depend on how much work the arbitrator or panel must do on
    the case, the arbitrator(s) may be paid per hour, per day, or per hearing.

    Arbitrator expenses. If an arbitrator must travel to a case,

    Other costs might include a fee for a hearing room and meeting rooms.

    E. Indigenous Modes of Dispute Resolution

    Alternative Dispute Resolution (ADR) has been touted as one of the greatest developments of the
    modern legal system.

    PART 1: ACTUAL PROCESSES

    A. Scholarships
    In every barangay, scholarship program was offered to a consistent honor college student

    B. Incentives and Awards

    Observance of the settlement procedures which refers to the settlement of cases

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