KP - Procedure, Execution, Cases
KP - Procedure, Execution, Cases
KP - Procedure, Execution, Cases
A. MEDIATION (Confrontation before the Punong Barangay as Lupon Chairman, assisted by the
Barangay Secretary as Lupon Secretary. The Punong Barangay will try to settle the case within
15 days from the first hearing).
C. ARBITRATION (Confrontation before the Lupon Chairman and Lupon Secretary if the Agreement for
Arbitration was signed and agreed upon by both parties during the Mediation Proceedings; or
before the three chosen pangkat members if the Agreement for Arbitration was signed and agreed
upon by both parties during the Conciliation Proceedings. It is a process for the adjudication of
disputes by which the parties agree to be bound by the decision of a punong barangay or pangkat,
as the case may be. The case shall be arbitrated within 15 to 30 days from the start of the first
hearing under the arbitration proceeding).
The Punong Barangay, within his 15 days after taking his oath of office shall:
a) Prepare the “Notice to Constitute the Lupon” (KP Form 1) consisting of at least 25 persons
who expressed their willingness to serve;
b) Post the “Notice to Constitute the Lupon” in 3 conspicuous places in the barangay for not less
than 3 weeks;
c) Within 10 days after the 3 weeks posting period, the Punong Barangay shall issue
“Appointment” (KP Form 2) to each chosen Lupon appointee, attested by the Barangay
Secretary;
e) The appointees shall take their “Oath of Office” (KP Form 5) and sign the same before the
Punong Barangay;
f) The Punong Barangay shall cause to post the list of Appointed Lupon (KP Form 4) in 3
conspicuous places for their entire term of office.
WITHDRAWAL OF APPOINTMENT
a) The Punong Barangay shall set the date of hearing and send notice thereof to the concerned
Lupon member;
b) During the hearing, the concerned Lupon member shall be given the chance to explain why
his appointment should not be withdrawn;
c) The Punong Barangay shall decide whether or not to withdraw the appointment based on
justifiable grounds;
d) The Punong Barangay calls for a Lupon meeting and inform them of his decision;
e) The Lupon shall deliberate and vote whether or not to concur with the decision of the Punong
Barangay;
f) The decision of the majority of the total number of Lupon shall govern. The total number of
Lupon shall include that of the chairman and the member concerned;
g) If concurred, the Punong Barangay shall inform and send to the concerned member a copy of
the “Withdrawal of Appointment” (KP Form 6).
FILING OF COMPLAINT
c) The Barangay Secretary shall record the complain in the records book and assign a case
number thereon with
PROCEEDING PROPER
1. The Punong Barangay, upon receipt of complaint, issues the “Notice of Hearing” (KP Form 8) to the
complainant.
2. The Punong Barangay issues “Summon” (KP Form 9) and a copy of the complaint (KP Form 7) to the
respondent to appear at the mediation proceeding to be held not later than 5 days from the date of
summon.
3. The Barangay Tanod shall serve the summon and accomplish the “Officer’s Return” (KP Form 9, Page
2)
4. On or before the hearing, the respondent shall answer the complaint orally or in writing by:
c) Interposing a counterclaim.
5. On the date of mediation proceeding, both parties shall appear before the Punong Barangay and:
b) The parties may agree in writing to settle the case by arbitration by the Punong Barangay (KP
Form 14);
c) If any party fails or refuses to appear, the Punong Barangay shall take appropriate action such
as:
(1) Issue “Notice of Hearing (Re: Failure to Appear)” (KP Form 18 & 19);
(3) If the complainant refuses to appear without justifiable grounds, the case shall be
dismissed and the Punong Barangay shall issue “Certificate to Bar Action “ (KP
Form 21)
(4) If the respondent refuses to appear without justifiable grounds, the Punong
Barangay shall proceed in the constitution of Pangkat ng Tagapagkasundo.
6. If the venue is being questioned by the respondent, the Punong Barangay shall resolve the objection or
if there is no objection to the venue, the Punong Barangay shall:
a) Exert all efforts to convince the parties to enter into amicable settlement within 15 days from
the first confrontation.
b) If requested, the Punong Barangay may issue “Subpoena” to any witness (KP Form 13);
c) Let the Barangay Secretary record the mediation proceedings;
d) Deals with any refusal or willful failure of any party or witness to appear.
7. If the Punong Barangay succeeds in settling the dispute amicably, he shall prepare an “Amicable
Settlement” (KP Form 16) which shall be written in language known to both parties and attested by
him (Punong Barangay).
8. Within 10 days from the signing of the amicable settlement, one party can repudiate the settlement by
filing the “Repudiation Form” (KP Form 17). If the settlement was attained thru:
a) Fraud
b) Violence, or
c) Intimidation
9. If the settlement is repudiated, the Barangay Secretary shall issue “Certificate to file Action” (KP Form
20), to be attested by the Punong Barangay.
7. The Punong Barangay shall prepare an “Amicable Settlement” (KP Form 16) written in language
known to both parties,
8. After 10 days (repudiation period) that the obliged party has not complied voluntarily with the terms of
the settlement, the obliging party may file for “Motion for Execution” (KP Form 23) before the
Punong Barangay.
9. Within 5 days after the said 10 days repudiation period, when the amicable settlement is final and
executory, the Lupon Secretary shall immediately transmit a copy of the case (the complain form and
the amicable settlement form) to the municipal court.
10. The Punong Barangay, upon receiving the “Motion for Execution”, shall send both parties the “Notice
of Hearing (Re: Motion for Execution)” (KP Form 24) to be held within the next 5 days.
11. On the hearing, the Punong Barangay shall strongly urge the obliged party to voluntarily comply with
the terms of the settlement.
12. Five (5) days after the hearing, if no voluntary compliance was made, the Punong Barangay may now
issue the “Notice for Execution” (KP Form 25) and enforce the terms of the amicable settlement. If the
obliged party cannot produce the settlement, then sequestration of enough property for auction shall be
done.
13. If the settlement was not able to be executed by the Punong barangay within 6 months, then the
obliging party should ask the municipal court for the final execution.
7. If the mediation fails after the 15th day from the first confrontation, the Punong Barangay shall send
both parties the “Notice for Constitution of Pangkat” (KP Form 10)
8. On the date set for the constitution of Pangkat, the parties shall choose the 3 Pangkat Officials by:
a) Mutual agreement
b) Striking-out Method
c) If no mutual agreement is reached, then the Punong Barangay shall draw lots to choose the
Pangkat Officials.
9. The Punong Barangay shall set the date and time of the initial hearing before the Pangkat within 3 days
upon its constitution.
1. The chosen Pangkat members shall meet before the date of the hearing and elect from among
themselves the Pangkat Chairman and Pangkat Secretary.
2. The Pangkat Chairman shall immediately send both parties the “Notice of Hearing”(KP Form 12)
before the Pangkat.
3. If any party fails or refuses to appear on the hearing, the Pangkat Chairman shall take appropriate action
such as:
a) Issue “Notice of Hearing (Re: Failure to Appear)” (KP Form 18 & 19)
c) If the complaint refuses to appear without justifiable ground, the case shall be dismissed and
the Pangkat Secretary shall issue “Certificate to Bar Action” (KP Form 21) to be attested by
the Pangkat Chairman
d) If the respondent refuses to appear without justifiable ground, the Pangkat Secretary shall
issue “Certificate to File Action” (KP Form 20-B) and “Certificate to Bar Counterclaim” (KP
Form 22) to be attested by the Pangkat Chairman.
4. If both parties appear on the hearing before the Pangkat, any of the parties may:
a) Move to disqualify any of the 3 members of the Pangkat due to relationship, bias, interest or
other grounds discovered after their constitution.
b) Agree in writing to settle the dispute by arbitration by the Pangkat (KP Form 14).
5. If a party moved to disqualify any of the Pangkat Officials, the said Pangkat shall:
b) If any member is disqualified, the vacancy shall be filed-up by the same manner with that of
the constitution of the Pangkat.
6. If the parties did not agree to submit to arbitration by the Pangkat, then the Pangkat shall conciliate the
dispute and
b) The Pangkat Secretary shall actively participate and record the proceeding.
c) If any witness is needed, the Pangkat Chairman shall issue a “Subpoena” (KP Form 13) upon
request of any party.
d) Simplify issues
f) Convince the parties to execute an amicable settlement within 15 days and may extend it to
another 15 days in clearly meritorious cases.
7. The parties, assisted by the Pangkat, may execute an “Amicable Settlement” (KP Form 16), which
shall be written in language known to both parties to be signed by both parties, and to be attested by
the Pangkat Chairman.
8. Any party may repudiate the amicable settlement by filing before the Lupon Chairman the sworn
Statement of “Repudiation” (KP Form 17) within 10 days from the signing of the settlement, on the
ground that his consent was vitiated by fraud, violence or intimidation.
9. Upon filing the sworn statement of repudiation, the Lupon Secretary shall issue “Certificate to File
Action” (KP Form 20) to be attested by the Lupon Chairman.
7. The parties, assisted by the Pangkat, may make an “Amicable Settlement” (KP Form 16), which shall
be written in language known to both parties, to be signed by both of them and to be attested by the
Pangkat Chairman.
8. After 10 days (repudiation period) from the signing, the obliging party may file for a “Motion for
Execution” (KP Form 23) to the Lupon Chairman.
9. Within 5 days after the said 10 days repudiation period, when the amicable settlement is final and
executory, the Lupon Secretary shall immediately transmit a copy of the case (the complain form and
the amicable settlement form) to the municipal court.
10. The Lupon Chairman upon receiving the “Motion for Execution” shall send both parties the “Notice of
Hearing (Re: Motion for Execution)” (KP Form 24) to be held within 5 days from the date of receiving
the motion.
11. On the hearing, the Lupon Chairman shall strongly urge the obliged party to voluntarily comply with
the terms of the settlement.
12. 5 days after the hearing, the Lupon Chairman may now issue the “Notice for Execution” (KP Form 25)
and enforce the terms of the settlement within 6 months. If the obliged party cannot produce the
settlement, then sequestration of enough property for auction shall be done.
13. If the settlement was not able to be executed by the Punong Barangay within 6 months, the obliging
party should then file a “Motion for Execution” before the municipal court.
SCENARIO III – If Conciliation before the Pangkat fails, no Arbitration is agreed upon, no Amicable Settlement is
reached.
7. If the parties did not reached an amicable settlement, then the Pangkat Secretary shall issue a
“Certificate to File Action” (KP Form 20-A) to be attested by the Pangkat Chairman.
C} ARBITRATION (15 DAYS, BUT EXTENDABLE FOR ANOTHER 15 DAYS IN CLEARLY MERITORIOUS
CASES)
Both parties agreed to settle their dispute by arbitration during mediation proceedings before the
Punong Barangay or during the conciliation proceedings before the Pangkat ng Tagapagkasundo by
filing the “Agreement for Arbitration” (KP Form 14).
1. A party, within 5 days from the signing of “Agreement for Arbitration” (KP Form 14), may repudiate
the said agreement by filing a statement of “Repudiation” (KP Form 17) being subscribed and sworn to
before the Punong Barangay or Pangkat Chairman.
2. The Punong Barangay or the Pangkat Chairman, as the case may be, shall proceed to mediate /
conciliate between the parties.
1. The Punong Barangay or the Pangkat Chairman shall hear the parties, together with their witnesses by
observing the following simplified procedure.
b) The respondent shall adduce evidence in support of his defense or counterclaim, if any;
e) Upon admission of the evidence of both parties, the case is submitted for decision (KP Form
15).
2. The Punong Barangay or the Pangkat, as the case may be, shall prepare and sign the decided
“Arbitration Award” (KP Form 15) not earlier than the 6 th day but not later than the 15th day from the
date of the agreement to arbitrate.
3. The Lupon Secretary attest to the Arbitration Award rendered by the Punong Barangay, or the Punong
Barangay attest to the Arbitration Award rendered by the Pangkat.
4. Immediately upon signing the Arbitration Award, copies of the decision (Arbitration Award) shall be
furnished to both parties.
5. The Lupon / Barangay Secretary shall transmit the copy of Arbitration Award (KP Form 15) to the
appropriate Municipal Court within 5 days from the date of the said award.
6. Upon the expiration of 10 days from the date of the Arbitration Award, when the terms of the award
was not being complied by the party obliged, the obliging party may file a “Motion for Execution” (KP
Form 23) before the Lupon Chairman.
7. The Lupon Chairman, upon receiving the “Motion for Execution” (KP Form 23), shall give “Notice of
Hearing (Re: Motion for Execution)” (KP Form 24) to be held within the next 5 days or from the date
of filing the motion.
8. On the hearing, the Lupon Chairman shall strongly urge the obliged party to voluntarily comply with
the term of the award.
9. Five (5) days after the hearing, the Lupon may now issue the “Notice of Execution” (KP Form 25) and
enforce the award. If the obliged party cannot produce the award, then sequestration of enough
property for auction shall be done.
10. If the award was not able to be executed within 6 months, the obliging party may now file for a
“Motion for Execution” before the Municipal Court.
Within 10 days from the receipt of the arbitration decision, a party who has legal ground may ask
for the “Nullification of the Arbitration Award” from the Municipal Court.
D} EXECUTION OF AWARDS
1. The parties of a case enter into amicable settlement or arbitration, the Punong Barangay / Lupon
Chairman or the Pangkat renders an Arbitration Award;
2. A period of 10 days from the date of signing of the amicable settlement or receipt by the parties of the
Arbitration Award lapses;
3. Within the said 10 days, the amicable settlement is not repudiated or in case of Arbitration, no petition
for nullification of the award is filed in the municipal court.
PRELIMINARY PROCEDURE
1. The disputants may file a motion for the execution of the final settlement of award which has not been
complied with (KP Form 23), copy furnish the other disputants;
2. Upon filing the motion for execution, the Punong Barangay shall set the hearing on the a date agreed
by the movant, which shall not be later than 5 days upon the filing of the motion. The Punong
Barangay shall immediately give notice of hearing to the other party (KP Form 24);
3. During the hearing, the Punong Barangay shall ascertain the fact of non-compliance with the terms of
the settlement or Award. Upon determination of non-compliance, the Punong Barangay shall strongly
urge the party obliged to voluntarily comply with the settlement or award;
4. The Punong Barangay shall within 5 days from the date of hearing, determines whether or not
voluntary compliance can be secured;
5. Upon the lapse of the said 5-day period, there being no voluntary compliance, he shall issue a “Notice
of Execution” (KP Form 25) in the name of the Lupong Tagapamayapa, specifying therein the terms of
the settlement or arbitration award.
1. The party obliged is allowed of 5 days from the date of hearing, to make a voluntary compliance on the
terms of award. If no compliance is made. The Punong Barangay shall take possession of sufficient
personal property located in the Barangay of the obliged party, to satisfy the settlement or award. The
party obliged is allowed to point out which property shall be taken possession.
2. If it be for the delivery or restitution of property located in the barangay, the Punong Barangay shall
oust therefrom the person against whom the award is rendered and place the party entitled thereto in
possession of such property.
3. If it be for the delivery or restitution of property located in another barangay of the same municipality,
the Punong Barangay issuing the notice shall authorize the Punong Barangay where the property is
located to take possession of the property and to act in accordance with paragraph 2 hereof.
4. If a settlement or award directs a party to execute a conveyance of land, or to deliver the deeds or other
documents, or to perform any other specific act, and the party fails to comply within the time specified,
the Punong Barangay may direct the Lupon Secretary to perform the act at the cost of disobedient
party.
1. Notice of Sale.
b) In case of personal property, by posting immediately upon possession thereof a similar notice
in three public places in the barangay where the sale is to take place, not less than 5 days nor
more than 10 days.
2. Manner of Sale.
All sales of property under execution must be made at public auction, to the highest bidder. After
the sufficient property has been sold to satisfy the execution, no more property shall be sold. The
property to be sold must be within the view of those auctioneer/purchaser. Neither the Punong
Barangay nor the Lupon Secretary nor any members of the Lupon can become a purchaser, or be
interested directly or indirectly in such sales.
The Punong Barangay shall pay to the obliging party so much of the proceeds of the sale that will
satisfy the settlement or the award. Any excess in the proceeds over the settlement or award must
be delivered to the obliged party. When the obliging party is the purchaser, he shall pay to the
obliged party only the amount that exceeds that of the settlement or award.
When the purchaser of any personal property, capable of manual delivery, pays the purchased
money, the Punong Barangay making the sale must deliver the property to the purchaser and, if so
desired, execute and deliver to him a “Certificate of Sale”.
The satisfaction of a settlement or award shall be entered by the Punong Barangay or Barangay
Secretary in their record book upon the filing of an admission of satisfaction of the settlement or
award.
1. The judgment obligator’s family home as provided by law, or the homestead in which he resides,
and the land necessarily used in connection therewith;
2. Ordinary tools and implements personally used by him in his trade, employment, or livelihood;
3. Three horses, or three cows, or three carabaos, or other beasts of burdens, such as the judgment
obligator may select necessarily used by him in his ordinary occupation;
4. His necessary clothing and articles for ordinary personal use, excluding jewelry;
5. Household furniture and utensils necessary for housekeeping and used for that purpose by the
judgment obligator and his family, such as the judgment obligator may select, of a value not
exceeding one hundred thousand pesos;
6. Provisions for individual or family use sufficient for four (4) months;
7. The professional libraries and equipment of judges, lawyers, physicians, pharmacists, dentist,
engineers, surveyors, clergymen, teachers, and other professionals, not exceeding three hundred
thousand pesos in value;
8. One fishing boat and accessories not exceeding the total value of one hundred thousand pesos
owned by a fisherman and by the lawful use of which he earns his livelihood;
9. So much of the salaries, wages, or earnings of the judgment obligators for his personal services
within the four months preceding the levy as are necessary for the support of his family;
12. The right to receive legal support, or money or property obtained as such support, or any pension
or gratuity from the government; and
(a) Discharge, within any town or public place, any firearm, rocket, firecracker or other explosive
calculated to cause alarm or danger;
(b) Instigate or take an active part in a charivari or other disorderly meeting offensive to another or
prejudicial to public tranquility;
(c) Disturb the public peace while wandering about at night or while engaged in any other nocturnal
amusements; and
(d) Cause any disturbance or scandal in public places while intoxicated or otherwise.
3. Article 174 – Falsification by any private person of a medical certificate or certificate of merit or service, good
conduct or similar circumstances.
4. Article 175 – Knowingly using of false medical certificate or certificate of merit or service or good conduct.
6. Article 179 – Publicly and improperly making use of insignia, uniforms or dress pertaining to an office not held
by such person or class of persons of which he is not a member.
7. Article 180, Par. (4) – Giving false testimony against the defendant in any criminal case if the dependant shall
have been sentenced to a correctional penalty or a fine or shall have been acquitted.
8. Article 181 – Giving false testimony favorable to defendant in a criminal case, if the prosecution is for a felony
punishable by a correctional penalty and lower.
9. Article 200 – Grave scandal committed by offending against decency or good customs by any highly
scandalous conduct.
10. Article 252 – Physical injuries inflicted in a “Tumultuous Affray” wherein the person responsible thereof
cannot be identified and therefore all those appearing to have used violence upon the person of the offended
party being criminally liable.
11. Article 253 – Giving assistance to another to commit suicide but the suicide is not consummated.
12. Article 259 – Dispensing any abortive drug or substance or material by a pharmacist without the proper
prescription from a physician.
13. Article 260 – Duel. Participating in a duel, although no physical injury has inflicted or if slight or less physical
injuries are inflicted.
Incapacitate the offended party for more than 10 days but not more than 30 days except those causing intentional
mutilation, insanity, impotence, blindness, deformity, loss of the part of the body or the use thereof, loss of use of
speech, power to hear or smell.
(a) Incapacitate the offended party for labor from 1 to 9 days or shall require medical attendance
during the same period.
(b) Causing physical injuries that do not prevent the offended party from engaging in his habitual
work, or require medical attendance.
(c) Ill treating or maltreating another by deed without causing any injury.
16. Article 269 – Unlawful arrest committed by detaining a person for purpose of delivering him to the proper
authorities in a case not authorize by law or without reasonable ground therefore.
19. Article 276 – Abandoning of minor under 7 years of age, the custody of which is incumbent upon him.
20. Article 277 – Abandonment of minors by person entrusted with his custody.
(a) Having charge of rearing or educating the minor without the consent of the parents or proper
authorities.
(b) Parents who neglect their children by not giving them proper education, which their status in life
and financial condition permits.
22. Article 281 – Entering a close premises or the fence of another while uninhabited, if the prohibition to enter is
manifested and the trespasser has not secured permission to enter.
23. Article 282, Para. (2) – Grave threats. If the threat is not subject to a condition.
24. Article 283 – Light threats. A threat to commit a wrong not constituting a crime.
(a Threatening another with a weapon or drawing such weapon in a quarrel, unless it be in lawful
self-defense.
(b) In heat of anger, orally threaten with some harm not constituting a crime.
(c) Orally threaten to do to another any harm not constituting a felony.
26. Article 286 – Grave Coercion (To compel by force). One who, without authority of law, shall by means of
violence, prevent another from doing something not prohibited by law, or compose him to do something against
her will, whether it be right or wrong.
(a) By means of violence, shall seize anything belonging to his debtor for the purpose of applying
the same to the payment of debt.
(b) Unjust vexation.
29. Article 289 – Formation, maintenance and prohibition of coalition of capital or labor through violence or threats.
30. Article 290 – Seizure of correspondents to discover secrets but offender does not reveal such secrets.
31. Article 291 – Revealing secrets of principal or master by manager, employee or servants.
33. Article 312 – Occupation of real property in usurpation of real rights by means of violence against or intimidation
of persons.
(a) Pretending to be the owner of any real property, shall convey, sell or mortgage the same.
(b) Disposing a known property although such encumbrance not recorded.
(c) Owner of any property who shall wrongly take it from its lawful possessor to the prejudice of
the latter or any third person.
(d) Executing a fictitious contract.
(e) Accepting any compensation in belief that it was in payment of service rendered when in fact he
did not actually perform such service.
(a) For profit or gain, interpret dreams, make forecast, tell fortunes, or take advantage of the
credibility of the public.
Spreading any infection or contagion among cattle and the value of the damage does not exceed P
1,000.
42. Article 338 – Seduction of a woman who is single or a widow of good reputation, over 12 but under 18 years of
age, committed by means of a deceit.
43. Article 339 – Acts of Lasciviousness with consent of the offended party (One that does not constitute a rape).
44. Article 356 – Threatening to publish a libel concerning him or the parents, spouse, child or other members of his
family or offering to prevent publication of such libel for a compensation or monetary consideration.
45. Article 357 – Prohibited publication of acts referred to in the course of official proceedings.
48. Article 363 – Directly incriminating or imputing/implicating an innocent person the commission of a crime.
49. Article 364 – Intriguing against one’s honor. Making any intrigue, which has for its principal purpose, is to
blemish the honor or reputation of a person.
(a) Reckless imprudence in an act which would constitute a less grave felony or light felony.
(b) Simple imprudence resulting in an act, which would constitute a grave, or less grave felony.
(c) Imprudence resulting in damage to property, the value of which does not exceed One Thousand
Pesos (P 1,000).
51. Article 344 – Private crimes such as concubinage, adultery, seduction, abduction, rape, and acts of lasciviousness,
where the offender may be pardoned by the offended spouse or offended party or her parents, grandparents, or
guardian.
52. Article 408 – Local Government Code of 1991. Cases in violation against local ordinance/s.
53. Section 1, Batas Pambansa Blg. 22 – Issuing checks without sufficient funds.
54. Presidential Decree No. 772 – Squatting and other similar acts.
55. Presidential Decree No. 1612 – Fencing of stolen properties if the property involved is not more than P 50.00.