Podcast
Questions and Answers
What is the main strategy for settling disputes under the Barangay Justice System?
What is the main strategy for settling disputes under the Barangay Justice System?
To provide a venue for the disputing parties to search for a solution that is mutually acceptable.
What is the purpose of the Barangay Justice System?
What is the purpose of the Barangay Justice System?
- To impose binding legal decisions on disputing parties.
- To provide a venue for the participation of lawyers in dispute resolution.
- To act as a forum for the filing of formal complaints and formal legal proceedings.
- To provide an alternative, more cost-effective and quicker dispute resolution process. (correct)
Which of the following is not a requirement for a Barangay Justice System case?
Which of the following is not a requirement for a Barangay Justice System case?
- The case must involve a dispute between corporations. (correct)
- The dispute must be within the jurisdiction of the Katarungang Pambarangay.
- The dispute must not be excluded by law.
- There must be a dispute between members or the dispute must arise from the same municipality.
What are two key objectives of the Barangay Justice System?
What are two key objectives of the Barangay Justice System?
The Punong Barangay and the Lupon members act as judges or adjudicators.
The Punong Barangay and the Lupon members act as judges or adjudicators.
What is the term for the notice that is prepared by the Punong Barangay to constitute the Lupon?
What is the term for the notice that is prepared by the Punong Barangay to constitute the Lupon?
The Barangay Secretary can be a member of the Lupon.
The Barangay Secretary can be a member of the Lupon.
Who is disqualified from being a member of the Lupon? (Select all that apply)
Who is disqualified from being a member of the Lupon? (Select all that apply)
What is the term for the panel formed to resolve a specific dispute brought before the Lupon, and how many members does it consist of?
What is the term for the panel formed to resolve a specific dispute brought before the Lupon, and how many members does it consist of?
What is the purpose of the secretary of the pangkat?
What is the purpose of the secretary of the pangkat?
How is a vacancy filled in the pangkat when the parties to the dispute cannot agree on a replacement?
How is a vacancy filled in the pangkat when the parties to the dispute cannot agree on a replacement?
Lupon members are considered "persons in authority" while performing their official duties.
Lupon members are considered "persons in authority" while performing their official duties.
Lupon members are compensated for their services, and the rates of honorarium are determined by the DILG.
Lupon members are compensated for their services, and the rates of honorarium are determined by the DILG.
Which of the following cases fall outside the jurisdiction of the Lupon?
Which of the following cases fall outside the jurisdiction of the Lupon?
What is the term used for referring a case to the Lupon for amicable settlement?
What is the term used for referring a case to the Lupon for amicable settlement?
Parties are prohibited from seeking legal advice from a legal officer during the conciliation process.
Parties are prohibited from seeking legal advice from a legal officer during the conciliation process.
The Lupon can only handle disputes involving parties residing in the same city or municipality.
The Lupon can only handle disputes involving parties residing in the same city or municipality.
What are the two primary methods of constituting the pangkat?
What are the two primary methods of constituting the pangkat?
What is the maximum period for which the pangkat can extend the time to reach a resolution?
What is the maximum period for which the pangkat can extend the time to reach a resolution?
A dispute can be referred to the Lupon for amicable settlement even after the case is filed in court.
A dispute can be referred to the Lupon for amicable settlement even after the case is filed in court.
What are three key requirements for an acceptable settlement reached through the pangkat?
What are three key requirements for an acceptable settlement reached through the pangkat?
The Lupon chairman's decision to constitute a pangkat is final and binding.
The Lupon chairman's decision to constitute a pangkat is final and binding.
If a party repudiates a settlement agreement, they are barred from bringing a case before the Lupon again.
If a party repudiates a settlement agreement, they are barred from bringing a case before the Lupon again.
The Special ADR Rules govern all forms of ADR, with the exception of those that are explicitly agreed upon by the parties.
The Special ADR Rules govern all forms of ADR, with the exception of those that are explicitly agreed upon by the parties.
A neutral third person can act as both a mediator and an arbitrator in the same dispute, even without the explicit consent of all parties.
A neutral third person can act as both a mediator and an arbitrator in the same dispute, even without the explicit consent of all parties.
A submission agreement to arbitrate is subject to the same legal requirements as a contract and can be revoked or rescinded if it is found to violate principles of law.
A submission agreement to arbitrate is subject to the same legal requirements as a contract and can be revoked or rescinded if it is found to violate principles of law.
The Lupon Tagapamayapa can only handle disputes related to properties located within the barangay where the dispute arose.
The Lupon Tagapamayapa can only handle disputes related to properties located within the barangay where the dispute arose.
In the Philippines, parties can directly sue each other in court without an arbitral award, even after an agreement to arbitrate has been made.
In the Philippines, parties can directly sue each other in court without an arbitral award, even after an agreement to arbitrate has been made.
Arbitration decisions in the Philippines can be appealed to the courts, regardless of whether the arbitral agreement stipulated otherwise.
Arbitration decisions in the Philippines can be appealed to the courts, regardless of whether the arbitral agreement stipulated otherwise.
The Supreme Court of the Philippines has original and exclusive jurisdiction over all construction disputes, regardless of what forum the parties to a dispute may choose.
The Supreme Court of the Philippines has original and exclusive jurisdiction over all construction disputes, regardless of what forum the parties to a dispute may choose.
Arbitration is not a universally adopted method of dispute resolution and various countries apply their own rules and standards.
Arbitration is not a universally adopted method of dispute resolution and various countries apply their own rules and standards.
Arbitration proceedings remain confidential unless the parties consent to the disclosure or the relevant documents are needed for court proceedings.
Arbitration proceedings remain confidential unless the parties consent to the disclosure or the relevant documents are needed for court proceedings.
A court can modify or correct an arbitrator's award on the basis of substantial evidence not presented during the arbitration process, ensuring that the final decision is just and fair.
A court can modify or correct an arbitrator's award on the basis of substantial evidence not presented during the arbitration process, ensuring that the final decision is just and fair.
The court can refer a case to arbitration if a party requests it during the pre-trial conference or if both parties request it.
The court can refer a case to arbitration if a party requests it during the pre-trial conference or if both parties request it.
A compromise agreement can be entered into by parties involved in legal disputes, but it is only legally binding if it is approved by the court.
A compromise agreement can be entered into by parties involved in legal disputes, but it is only legally binding if it is approved by the court.
An attorney can compromise a case on behalf of his client only with the explicit consent of the client, and the consent can be provided in writing or orally.
An attorney can compromise a case on behalf of his client only with the explicit consent of the client, and the consent can be provided in writing or orally.
If one party refuses to uphold the terms of a compromise agreement, the other party can choose to either enforce the compromise or consider it rescinded and proceed with their original demand.
If one party refuses to uphold the terms of a compromise agreement, the other party can choose to either enforce the compromise or consider it rescinded and proceed with their original demand.
If a compromise agreement is proven to be void due to mistake, fraud, violence, intimidation, undue influence, or false documents, it can be challenged in court.
If a compromise agreement is proven to be void due to mistake, fraud, violence, intimidation, undue influence, or false documents, it can be challenged in court.
The presence of a compromise agreement acts as a bar, preventing parties from seeking court action concerning the same issue.
The presence of a compromise agreement acts as a bar, preventing parties from seeking court action concerning the same issue.
The Supreme Court of the Philippines can be appointed as a board of arbitrators to resolve disputes.
The Supreme Court of the Philippines can be appointed as a board of arbitrators to resolve disputes.
Arbitration agreements can be reached outside of the Philippines, and if such an agreement is signed by a Philippine company, they can be sued in Philippine courts.
Arbitration agreements can be reached outside of the Philippines, and if such an agreement is signed by a Philippine company, they can be sued in Philippine courts.
A clause in an arbitration agreement granting one party more arbitrators than the other is valid and enforceable under Philippine law.
A clause in an arbitration agreement granting one party more arbitrators than the other is valid and enforceable under Philippine law.
A single arbitral award can be challenged in court based on multiple grounds, such as corruption, fraud, or evident partiality on the part of the arbitrators.
A single arbitral award can be challenged in court based on multiple grounds, such as corruption, fraud, or evident partiality on the part of the arbitrators.
The principle of separability in arbitration allows for a challenge to the validity of an arbitration clause even if it is part of a larger contract that has been deemed void, ensuring that the arbitration process can still be pursued.
The principle of separability in arbitration allows for a challenge to the validity of an arbitration clause even if it is part of a larger contract that has been deemed void, ensuring that the arbitration process can still be pursued.
In arbitration, a neutral third person can structure the evaluation process in any way they deem appropriate, helping to clarify issues, encourage agreement, and even provide non-binding opinions on how they would rule in a binding process if they were the final adjudicator.
In arbitration, a neutral third person can structure the evaluation process in any way they deem appropriate, helping to clarify issues, encourage agreement, and even provide non-binding opinions on how they would rule in a binding process if they were the final adjudicator.
A mini-trial can be conducted as a separate dispute resolution process, or as a continuation of mediation, neutral evaluation, or any other alternative dispute resolution (ADR) process.
A mini-trial can be conducted as a separate dispute resolution process, or as a continuation of mediation, neutral evaluation, or any other alternative dispute resolution (ADR) process.
The presence of a neutral third person in a mini-trial is always required and they preside over the mini-trial, ensuring a fair and impartial process.
The presence of a neutral third person in a mini-trial is always required and they preside over the mini-trial, ensuring a fair and impartial process.
During a mini-trial, each party is allowed to submit a brief executive summary outlining the main points of the dispute, ensuring all parties are informed about the issues at stake.
During a mini-trial, each party is allowed to submit a brief executive summary outlining the main points of the dispute, ensuring all parties are informed about the issues at stake.
The principle of party autonomy in arbitration allows the parties to determine and agree upon the specific procedures to be followed, fostering a collaborative and customized approach to the process.
The principle of party autonomy in arbitration allows the parties to determine and agree upon the specific procedures to be followed, fostering a collaborative and customized approach to the process.
In international commercial arbitration, specific rules for the proceedings must be drafted by the parties or by an arbitral institution.
In international commercial arbitration, specific rules for the proceedings must be drafted by the parties or by an arbitral institution.
If a mediation attempt fails, a single party can unilaterally request that the court refer the case to a different, neutral or early neutral evaluation process, bypassing the need for mutual agreement.
If a mediation attempt fails, a single party can unilaterally request that the court refer the case to a different, neutral or early neutral evaluation process, bypassing the need for mutual agreement.
In the absence of a specific agreement, the rules for a neutral or early neutral evaluation process are determined by the relevant national laws or by the special rules for alternative dispute resolution.
In the absence of a specific agreement, the rules for a neutral or early neutral evaluation process are determined by the relevant national laws or by the special rules for alternative dispute resolution.
In a mini-trial, the parties can submit their final arguments at the beginning of the process, ensuring a quick and focused presentation of their viewpoints.
In a mini-trial, the parties can submit their final arguments at the beginning of the process, ensuring a quick and focused presentation of their viewpoints.
If an arbitral award is vacated, the court can only appoint a new arbitrator to hear the case, not the same arbitrators who made the original award.
If an arbitral award is vacated, the court can only appoint a new arbitrator to hear the case, not the same arbitrators who made the original award.
The cost and fees for the services of ADR providers, including mediators, conciliators, and arbitrators, are generally fixed and predetermined, ensuring transparency and predictability.
The cost and fees for the services of ADR providers, including mediators, conciliators, and arbitrators, are generally fixed and predetermined, ensuring transparency and predictability.
The court can make an order to modify an arbitration award only if it is a minor matter of form, such as a miscalculation in figures or mistaken identification, and it cannot address any substantive issues or matters not submitted to the arbitrators during the proceedings.
The court can make an order to modify an arbitration award only if it is a minor matter of form, such as a miscalculation in figures or mistaken identification, and it cannot address any substantive issues or matters not submitted to the arbitrators during the proceedings.
If an arbitration agreement is found to be defective, it can be nullified by the court.
If an arbitration agreement is found to be defective, it can be nullified by the court.
In cases involving a dispute between a company that is not incorporated in the Philippines and another party, regardless of whether the dispute is settled in the Philippines, any court decision will be subject to the Special Rules on Alternative Dispute Resolution.
In cases involving a dispute between a company that is not incorporated in the Philippines and another party, regardless of whether the dispute is settled in the Philippines, any court decision will be subject to the Special Rules on Alternative Dispute Resolution.
In the Philippines, a company that agrees to submit to international arbitration can be sued in Philippine courts if the dispute involves national security concerns, diplomatic relations, or matters of public policy.
In the Philippines, a company that agrees to submit to international arbitration can be sued in Philippine courts if the dispute involves national security concerns, diplomatic relations, or matters of public policy.
If a party alleges that the arbitrators were biased or corrupt during the arbitration proceedings, the court can vacate the award.
If a party alleges that the arbitrators were biased or corrupt during the arbitration proceedings, the court can vacate the award.
The process of arbitration can be initiated before a disagreement arises, as long as the parties agree that any future disputes related to their contract will be settled through arbitration.
The process of arbitration can be initiated before a disagreement arises, as long as the parties agree that any future disputes related to their contract will be settled through arbitration.
If a party refuses to provide a document requested by another party during the arbitration process, but the document is not essential for making a decision, the court will not vacate the arbitration award.
If a party refuses to provide a document requested by another party during the arbitration process, but the document is not essential for making a decision, the court will not vacate the arbitration award.
A company can be sued in Philippine courts for any dispute arising from a contract, even if the contract specifically includes an agreement to submit any disputes to arbitration, unless the case involves national security or diplomatic relations, requiring specific exemptions.
A company can be sued in Philippine courts for any dispute arising from a contract, even if the contract specifically includes an agreement to submit any disputes to arbitration, unless the case involves national security or diplomatic relations, requiring specific exemptions.
The decision of arbitrators in a case can be made final and binding without any appeal to the courts, as long as the parties agree to the finality of the decision.
The decision of arbitrators in a case can be made final and binding without any appeal to the courts, as long as the parties agree to the finality of the decision.
The principle of competence-competence in arbitration allows the arbitral tribunal to rule on its own jurisdiction, even if a party challenges the tribunal's authority to hear the case, preventing potential delays caused by jurisdictional disputes.
The principle of competence-competence in arbitration allows the arbitral tribunal to rule on its own jurisdiction, even if a party challenges the tribunal's authority to hear the case, preventing potential delays caused by jurisdictional disputes.
All arbitration proceedings in the Philippines are open to the public, allowing for increased transparency and public accountability.
All arbitration proceedings in the Philippines are open to the public, allowing for increased transparency and public accountability.
The presence of a lawyer or legal representative is required for all parties involved in arbitration proceedings in the Philippines, ensuring fairness and adequate legal representation.
The presence of a lawyer or legal representative is required for all parties involved in arbitration proceedings in the Philippines, ensuring fairness and adequate legal representation.
The recognition and enforcement of foreign arbitral awards in the Philippines is governed by Philippine arbitration law, ensuring that the enforceability of such awards is consistent with Philippine legal framework.
The recognition and enforcement of foreign arbitral awards in the Philippines is governed by Philippine arbitration law, ensuring that the enforceability of such awards is consistent with Philippine legal framework.
If a party to an arbitration agreement repudiates the agreement, they are barred from filing any further civil action on the same issue, as the agreement is considered legally binding.
If a party to an arbitration agreement repudiates the agreement, they are barred from filing any further civil action on the same issue, as the agreement is considered legally binding.
All arbitration proceedings in the Philippines are characterized exclusively by negotiation, mediation, or conciliation, fostering an amicable approach to dispute resolution.
All arbitration proceedings in the Philippines are characterized exclusively by negotiation, mediation, or conciliation, fostering an amicable approach to dispute resolution.
The rules of court are primarily limited to governing formal court proceedings and do not extend to arbitration proceedings, leaving the specifics of arbitration to the discretion of the parties and their agreements.
The rules of court are primarily limited to governing formal court proceedings and do not extend to arbitration proceedings, leaving the specifics of arbitration to the discretion of the parties and their agreements.
The principle of party autonomy in arbitration means that the parties can choose any method of resolving the dispute but cannot deviate from the specific rules and procedural requirements outlined in the special ADR Rules.
The principle of party autonomy in arbitration means that the parties can choose any method of resolving the dispute but cannot deviate from the specific rules and procedural requirements outlined in the special ADR Rules.
The principle of confidentiality in arbitration proceedings generally ensures that all information, including internal communications, is kept private, preventing any disclosure without the consent of the parties.
The principle of confidentiality in arbitration proceedings generally ensures that all information, including internal communications, is kept private, preventing any disclosure without the consent of the parties.
Flashcards
Katarungang Pambarangay
Katarungang Pambarangay
A community-based dispute settlement mechanism administered by barangays, aiming to resolve disputes between members of the same community through mediation, conciliation, and sometimes arbitration.
Lupong Tagapamayapa (Lupon)
Lupong Tagapamayapa (Lupon)
A panel of 10-20 members in each barangay, responsible for facilitating amicable settlements and conciliation proceedings.
Punong Barangay (PB)
Punong Barangay (PB)
The head of a barangay, who serves as the chairman of the Lupong Tagapamayapa.
Pangkat ng Tagapagkasundo (Pangkat)
Pangkat ng Tagapagkasundo (Pangkat)
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Agreement to Arbitrate
Agreement to Arbitrate
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Arbitration Award
Arbitration Award
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Mediation
Mediation
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Mini-Trial
Mini-Trial
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Neutral Evaluation
Neutral Evaluation
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Party Autonomy
Party Autonomy
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Prescriptive Period
Prescriptive Period
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Filing a Complaint
Filing a Complaint
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Venue
Venue
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Conciliation as a Pre-Condition to Filing a Complaint in Court
Conciliation as a Pre-Condition to Filing a Complaint in Court
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Arbitration
Arbitration
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Interruption of Prescriptive Period
Interruption of Prescriptive Period
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Repudiation of Settlement
Repudiation of Settlement
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Certification to File Action
Certification to File Action
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Presentation of Evidence in Arbitration
Presentation of Evidence in Arbitration
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Arbitration Award
Arbitration Award
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Execution of Amicable Settlement or Arbitration Award
Execution of Amicable Settlement or Arbitration Award
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Referral to Lupon
Referral to Lupon
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Jurisdiction
Jurisdiction
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Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR)
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Arbitration
Arbitration
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Mediation
Mediation
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Neutral Evaluation
Neutral Evaluation
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Mini-Trial
Mini-Trial
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Mediation-Arbitration (Med-Arb)
Mediation-Arbitration (Med-Arb)
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Rules and Regulations of ADR
Rules and Regulations of ADR
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Study Notes
Alternative Dispute Resolution Reviewer Course Information
- Course Title: Alternative Dispute Resolution Reviewer
- Year: 4th Year
- Semester: 1st Semester
- School Year: 2024-2024
- Schedule: Mondays, 5:00 PM to 8:00 PM
- Instructor: Atty. Alejandro F. Vivas, III
Katarungang Pambarangay (Barangay Justice System)
- Definition: A community-based dispute settlement system administered by the barangay, the basic political unit in the Philippines
- Purpose: To provide a friendly, inexpensive, and speedy forum to settle disputes among barangay members
- Venue for dispute resolution outside of regular courts
- Facilitator for the parties in finding mutually acceptable solutions, rather than imposing decisions on them
- Covers disputes among members of the same community within the same city or municipality
- Exclusions: Disputes excluded by law, those involving corporations, agrarian reform, labor disputes, and violence against women and children
Elements of Katarungang Pambarangay
- A dispute exists between parties
- The dispute concerns family or barangay members, or arises from residences within the same municipality
- The dispute falls under Barangays jurisdiction
- The dispute is not excluded by law
- The parties involved are natural persons (individuals), not corporations
Legal Bases
- Universal Robina Sugar Milling Corp v. Heirs of Angel Teves - Corporations cannot be parties to barangay conciliation proceedings
Objectives
- Promote speedy administration of justice
- Minimize indiscriminate filing of cases in courts
- Reduce court docket congestion
- Preserve the tradition of amicable dispute resolution within communities
Lupong Tagapamayapa (Lupon)
- Definition: A body of community members, headed by the Punong Barangay, appointed to assist in settling disputes
- Composition: 10-20 members residing in the barangay
- Qualifications: Residents/workers, possessing integrity, impartiality, independence, and a reputation for probity, and not otherwise disqualified by law
- Disqualifications: Under 18 years of age; convicted of certain crimes; elected government officials; members of active armed forces
Functions of the Lupon
- Exercise administrative supervision over panels
- Meet regularly to discuss dispute resolution strategies, and provide forums for public input
- Assist in dispute resolution through mediation and conciliation
Secretary of the Lupon
- Duties: Records mediation proceedings, submitting reports, maintaining records of various panels.
- Services: Maintains records and assists in the mediation process, including filing reports with relevant courts
Pangkat ng Tagapagkasundo
- Constitution: Three members chosen by the disputing parties or by lot if the parties cannot agree; often a chairperson is selected
- Officers: The panel elects a chairperson and secretary from amongst its members
- Duties: The secretary of this panel records the proceedings, issues notices, and maintains the records
- Handling vacancies: Should a vacancy occur, the disputing parties select a new member or the vacancy is filled by lot if an agreement is not reached
Vacancies
- The Lupon Chairman appoint a replacement within 10 days of noticing a vacancy, factoring in any opposition or recommendations
Oath
- Lupon members take an oath before the Punong Barangay upon appointment.
Venue
- Disputes can be mediated if the parties reside in the same city/municipality, or if their respective barangays are contiguous.
- There are exceptions involving the government, public officials and other issues stated in the code
Mediation Period
- Up to 15 days from the first meeting of parties
- The Chairman sets a date for the panel's constitution if mediation fails
Suspension of Prescriptive Period
- The period is interrupted during mediation, and resumes upon receiving the certificate of repudiation or certification from the Lupon/Pangkat Secretary
Constitution and Hearing by Pangkat
- A 3-member conciliation panel (Pangkat) convened within 3 days of formation to hear the disputing parties, their witnesses, simplify issues, and explore amicable solutions
Grounds for Disqualification (of Lupon/Pangkat members)
- Relationship to the parties involved
- Bias or personal interest
- Other grounds discovered after appointment
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Description
This quiz explores the essential concepts of the Katarungang Pambarangay system, focusing on its role as a community-based dispute settlement mechanism in the Philippines. Learn about its purpose, procedures, and the types of disputes it addresses, ensuring a better understanding of local justice processes.
