CHAPTER 4 Flashcards
(139 cards)
1
Q
-It was created by the virtue of PRESIDENTIAL DECREE 1508 ON JUNE 1978
A
KATARUNGANG PAMBARANGAY LAW
2
Q
KATARUNGANG PAMBARANGAY LAW
-It was created by the virtue of?
A
PRESIDENTIAL DECREE 1508 ON JUNE 1978
3
Q
LOCAL GOVERNMENT CODE OF 1991
A
REPUBLIC ACT 7160
4
Q
what law that integrated provisions to strengthen the Katarungang Pambarangay.
A
REPUBLIC ACT 7160
5
Q
what law that promote speedy administration of justice, preserve and develop Filipino culture & to strengthen the family as the basic social institution
A
REPUBLIC ACT 7160
6
Q
-Likewise, REPUBLIC ACT 7160 -LOCAL GOVERNMENT CODE OF 1991, integrated provisions to strengthen the Katarungang Pambarangay. (promote speedy administration of justice, preserve and develop Filipino culture & to strengthen the family as the basic social institution)
A
KATARUNGANG PAMBARANGAY LAW
7
Q
-It was created purposely to give the appropriate barangay chairman and barangay lupon officials to amicably settle cases within their jurisdiction.
A
KATARUNGANG PAMBARANGAY LAW
8
Q
-is a system of justice administered at the barangay level for the purpose of amicable settling disputes through mediation, conciliation or arbitration among the family or barangay without resorting to the courts.
A
KATARUNGANG BARANGAY (KP)
8
Q
-The goal of this system is to mediate and resolve conflicts at the community level, thereby reducing the burden on courts.
A
KATARUNGANG BARANGAY (KP)
8
Q
is an important requirement before filing certain types of cases in court.
A
CERTIFICATION TO FILE ACTION
9
Q
-The barangay justice system’s resolutions are not legally binding unless both parties agree to the settlement. If they do not, parties may proceed to formal litigation after receiving a certification.
A
KATARUNGANG PAMBARANGAY LAW
10
Q
KATARUNGANG PAMBARANGAY LAW:
-The barangay justice system’s resolutions are not legally binding unless both parties agree to the settlement. If they do not, parties may proceed to formal litigation after receiving a _______
A
certification
11
Q
Without this , the court will not entertain the case, as the law requires that barangay conciliation be the first step for many disputes.
A
CERTIFICATION TO FILE ACTION
11
Q
Only after this barangay process has failed (i.e., no settlement is reached) can the disputing parties file a case in court to resolve the issue through litigation.
A
CERTIFICATION TO FILE ACTION
11
Q
Only after this barangay process has failed (i.e., no settlement is reached) can the disputing parties _________ to resolve the issue through litigation
A
file a case in court
12
Q
Without this certification, the court will not entertain the case, as the law requires that _________ be the first step for many disputes.
A
barangay conciliation
13
Q
ADR mechanisms under ______, particularly arbitration, can result in binding decisions. In arbitration, the decision is enforceable by law, similar to a court decision. Mediation and conciliation agreements can also be binding if agreed upon by the parties.
A
RA 9285
13
Q
KATARUNGANG BARANGAY (KP)
-is a system of justice administered at the barangay level for the purpose of amicable settling disputes through _____________ among the family or barangay without resorting to the courts.
A
mediation, conciliation or arbitration
14
Q
REPUBLIC ACT 7160 -LOCAL GOVERNMENT CODE OF 1991, ________ to strengthen the Katarungang Pambarangay. (promote speedy administration of justice, preserve and develop Filipino culture & to strengthen the family as the basic social institution)
A
integrated provisions
15
Q
the decision is enforceable by law, similar to a court decision
A
arbitration
16
Q
____________ agreements can also be binding if agreed upon by the parties.
A
Mediation and conciliation
17
Q
Once signed, the settlement becomes legally binding.
A
RA 9285
18
Q
-the basic political unit;
A
BARANGAY
19
Q
-serves as the primary planning and implementing unit of government policies, plans, programs, projects, and activities in the community (Sec 384 of the Local Government Code)
A
BARANGAY
20
THE BARANGAY CHIEF OFFICIALS AND OFFICERS ARE THE FOLLOWING:
PUNONG BARANGAY,
SEVEN (7) SANGGUNIANG BARANGAY MEMBERS,
A SANGGUNIANG KABATAAN CHAIRMAN,
A BARANGAY SECRETARY,
A BARANGAY TREASURER; AND
LUPONG TAGAPAMAYAPA (10-20 MEMBERS)
20
BARANGAY
-serves as the primary planning and implementing unit of government policies, plans, programs, projects, and activities in the community from?
Sec 384 of the Local Government Code
21
literally “Peace Congregation”
LUPONG TAGAPAMAYAPA
22
-It is a body of men created to settle disputes within the barangay level.
LUPONG TAGAPAMAYAPA
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-It is also referred to as the LUPON.
LUPONG TAGAPAMAYAPA
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-Consisting of not less than10-20 members
LUPONG TAGAPAMAYAPA
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COMPOSITION OF THE LUPON
1. CHAIRMAN OF THE LUPON
2. SECRETARY OF THE LUPON
3. members who shall be not less than ten (10) but not more than twenty (20)
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It shall be formed every three (3) years.
LUPONG TAGAPAMAYAPA
27
The Lupon shall be composed of the Barangay Chairman as ______ and the Barangay Secretary as the ______, plus other members who shall be __________. It shall be formed every ______.
CHAIRMAN OF THE LUPON
SECRETARY OF THE LUPON
not less than ten (10) but not more than twenty (20)
three (3) years
28
* To exercise administrative supervision over the mediation panels
PANGKAT TAGAPAGKASUNDO
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THREEFOLD FUNCTIONS OF THE LUPON:
* To exercise administrative supervision over the mediation panels (PANGKAT TAGAPAGKASUNDO);
* To meet regularly once a month to provide forum for exchange of ideas among its members and the public on matters relevant to the amicable settlement of disputes; and
* To exercise other powers, duties and functions as may be prescribed by law or ordinance.
30
WHO HAS THE AUTHORITY TO CONSTITUTE THE LUPON?
The PUNONG BARANGAY can appoint the lupon members. It is his/her EXCLUSIVE PREROGATIVE — no need for approval, confirmation or ratification of the sangguniang barangay.
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can appoint the lupon members
PUNONG BARANGAY
32
It is his/her EXCLUSIVE PREROGATIVE
PUNONG BARANGAY
33
— no need for approval, confirmation or ratification of the sangguniang barangay.
EXCLUSIVE PREROGATIVE
34
WHAT IF THE PB FAILED TO CONSTITUTE/ORGANIZE A LUPON?
HE/SHE CAN BE CHARGED OF NEGLECT OF DUTY AND BE SUBJECTED TO ADMINISTRATIVE SANCTIONS.
35
SIX (6) STEPS TO CONSTITUTE A LUPON
STEP 1: Determining the actual number of Lupon Members;
STEP 2: Preparing a notice to constitute the Lupon;
STEP 3: Posting the notice to constitute the Lupon;
STEP 4: Appointment of Lupon Members;
STEP 5: Oath taking of Lupon members;
STEP 6: Posting
36
KP FORM 1 MEANS?
NOTICE TO CONSTITUTE THE LUPON
37
UNDER THE NOTICE TO CONSTITUTE THE LUPON, WHAT SECTION IT IS IN COMPLIANCE WITH?
SECTION 1 (a), CHAPTER 7, TITLE ONE, BOOK III, LOCAL GOVERNMENT CODE OF 1991 (RA 7160)
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KP FORM 2 MEANS
APPOINTMENT LETTER
39
UNDER APPOINTMENT LETTER IN PURSUANT TO?
CHAPTER 7, TITLE ONE, BOOK III, LOCAL GOVERNMENT CODE OF 1991 (RA 7160)
40
THE LIST OF APPOINTED LUPON MEMBERS SHALL BE POSTED IN __________ IN THE BRGY.
HIGHLY VISIBLE PLACES
41
KP FORM 5 MEANS
LUPON MEMBER OATH STATEMENT
42
LUPON MEMBER OATH STATEMENT IN PURSUANT TO?
CHAPTER 7, TITLE ONE, BOOK II, LOCAL GOVERNMENT CODE OF 1991 (RA 7160)
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QUALIFICATIONS TO BECOME MEMBER OF THE LUPON
1. ACTUAL RESIDENTS/ WORKING IN THE BARANGAY
2. OF LEGAL AGE
3. WITH THE FOLLOWING QUALITIES:
INTEGRITY
IMPARTIALITY
INDEPENDENCE
FAIRNESS
REPUTATION FOR PROBITY
PATIENCE
RESOURCEFULNESS
OPEN-MINDEDNESS
FLEXIBILITY
44
TO BECOME A MEMBER OF LUPON WITH THE FOLLOWING QUALITIES:
INTEGRITY
IMPARTIALITY
INDEPENDENCE
FAIRNESS
REPUTATION FOR PROBITY
PATIENCE
RESOURCEFULNESS
OPEN-MINDEDNESS
FLEXIBILITY
45
DISQUALIFIED TO BE LUPON?
1. BELOW 18 YRS OF AGE
2. INCOMPETENT
3. CONVICTED OF A CRIME CARRYING WITH IT PENALTIES OF PERPETUAL OR TEMPORARY DISQUALIFICATION FROM HOLDING PUBLIC OFFICE
4. ELECTED GOVERNMENT OFFICIAL
5. MEMBER OF ARMED FORCES WHO IS IN THE ACTIVE SERVICE
46
ARE THE LUPON MEMBERS ENTITLED TO SOME COMPENSATION? DO THEY HAVE BENEFITS DUE TO THEM?
The Lupon members shall serve without any compensation. If the barangay has enough funds, PB can always give honoraria to Lupon members who have participated in the resolution of a particular case.
47
The Lupon members shall serve ____________. If the barangay has enough funds, PB can always give honoraria to Lupon members who have participated in the resolution of a particular case.
without any compensation
48
The Lupon members shall serve without any compensation. If the barangay has enough funds, PB can always give _______ to Lupon members who have participated in the resolution of a particular case.
honoraria
49
On the other hand, under ___________, two daughters or sons of a Lupon member are qualified to become a state scholar in tertiary education to any state colleges or universities.
COMMISSION ON HIGHER EDUCATION (CHED) ORDER 62 SERIES OF 1997
50
On the other hand, under COMMISSION ON HIGHER EDUCATION (CHED) ORDER 62 SERIES OF 1997, two daughters or sons of a Lupon member are qualified to become a state scholar in _______ to any state colleges or universities.
tertiary education
51
-It shall act as the conciliation panel.
PANGKAT TAGAPAGKASUNDO
52
-It is also referred to as the PANGKAT.
PANGKAT TAGAPAGKASUNDO
53
-It shall be composed of three (3) members chosen from the members of the Lupon.
PANGKAT TAGAPAGKASUNDO
53
-The members of the Pangkat shall be chosen by the parties of the disputes from among the Lupon members.
PANGKAT TAGAPAGKASUNDO
53
-They shall choose from among the three of them the Pangkat Chairman and Pangkat Secretary.
PANGKAT TAGAPAGKASUNDO
54
________ are subject to barangay conciliation and prior recourse thereto is a pre – condition before filing a complaint in court or any government offices.
All disputes
55
SUBJECT MATTERS FOR AMICABLE SETTLEMENT BEFORE THE LUPON CHAIRMAN EXEMPTIONS
* Where one party is the government, or any subdivision or instrumentality thereof;
* Where one party is a public officer or employee and the dispute relates to the performance of his official functions;
* Where the dispute involves real properties located in different cities and municipalities, unless the parties thereto agree to submit their difference to amicable settlement by an appropriate Lupon;
* Any complaint by or against corporations, partnerships or juridical entities, since only individuals shall be parties to barangay conciliation proceedings either as complainants or respondents;
* Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate Lupon;
* Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one (1) year or a fine of over five thousand pesos (P5,000.00);
* Offenses where there is no private offended party;
* Where the accused is under detention;
56
WHAT PROCEDURE?
* The complainant complains orally or in writing to the Lupon Chairman of the barangay;
FIRST
57
_____ complains orally or in writing to the Lupon Chairman of the barangay;
complainant
58
WHAT PROCEDURE?
-If the complaint is done orally, it is the duty of the Lupon Chairman to place it in writing.
SECOND
59
-If the complaint is done orally, it is the duty of the _______ to place it in writing.
Lupon Chairman
60
-Within the next working day from receipt of the complaint, the _______ shall summon the respondent, with notice to the complainant, for them and their witnesses to appear before him for mediation;
Lupon Chairman
60
WHAT PROCEDURE?
-Within the next working day from receipt of the complaint, the Lupon Chairman shall summon the respondent, with notice to the complainant, for them and their witnesses to appear before him for mediation;
THIRD
61
KP FORM 8
NOTICE OF HEARING
61
KP FORM 9
SUMMON FOR THE RESPONDENT
62
KP FORM 13
SUBPOENA LETTER
63
WHAT PROCEDURE?
-If the Lupon Chairman fails in his mediation efforts within fifteen (15) days from the first meeting of parties, he shall set a date for the constitution of the Pangkat ng Tagapagkasundo;
FOURTH
64
KP FORM 10
NOTICE FOR CONSTITUTION OF PANGKAT
64
-If the Lupon Chairman fails in his mediation efforts within fifteen (15) days from the first meeting of parties, he shall set a date for the constitution of the _________;
Pangkat ng Tagapagkasundo
65
WHAT PROCEDURE?
-The Pangkat shall convene not later than three (3) days from its constitution to hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable settlement;
FIFTH
66
-The ________ shall convene not later than three (3) days from its constitution to hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable settlement;
Pangkat/ PANGKAT TAGAPAGKASUNDO
67
-The Pangkat shall convene not later than __________ from its constitution to hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable settlement;
three (3) days
68
WHAT PROCEDURE?
-The Pangkat shall arrive at settlement or resolution of the dispute within fifteen (15) days, from the day it convened; if failed to settle, another 15 days extension as much as possible. Otherwise the CERTIFICATION TO FILE ACTION shall be issued.
SIXTH
69
-The _______ shall arrive at settlement or resolution of the dispute within fifteen (15) days, from the day it convened; if failed to settle, another 15 days extension as much as possible. Otherwise the CERTIFICATION TO FILE ACTION shall be issued.
Pangkat/ PANGKAT TAGAPAGKASUNDO
70
-The Pangkat shall arrive at settlement or resolution of the dispute within fifteen (15) days, from the day it convened; if failed to settle, another 15 days extension as much as possible. Otherwise the __________ shall be issued.
CERTIFICATION TO FILE ACTION
71
ISSUANCES OF CERTIFICATION TO FILE ACTION
a. The Lupon Secretary and attested by the Lupon Chairman, certifying that a confrontation of the parties has taken place and that a conciliation or settlement has been subsequently repudiated;
b. The Pangkat Secretary and attested by the Pangkat Chairman, certifying that:
* Confrontation between the parties took place but no conciliation and/or settlement has been reached;
* No confrontation took place before the Pangkat through no fault of the complainant.
c. The PUNONG BARANGAY, as requested by the proper party on the ground of failure of settlement where the dispute involves members of the same indigenous cultural community, which shall be settled in accordance with the customs and traditions of that particular cultural community, or where one or more of the parties mutually agreed to submit their disputes to the indigenous system of amicable settlement, and there has been no settlement as certified by the Datu or tribal leader or elder to the Punong Barangay of the place of settlement. (Aggranzamendez, 2008)
72
The ________ and attested by the ________ , certifying that a confrontation of the parties has taken place and that a conciliation or settlement has been subsequently repudiated;
Lupon Secretary
Lupon Chairman
73
The ______ and attested by the _______, certifying that:
* Confrontation between the parties took place but no conciliation and/or settlement has been reached;
* No confrontation took place before the Pangkat through no fault of the complainant.
Pangkat Secretary
Pangkat Chairman
74
The Pangkat Secretary and attested by the Pangkat Chairman, certifying that:
* Confrontation between the parties took place but no conciliation and/or settlement has been reached;
* No confrontation took place before the Pangkat through no fault of the complainant.
75
as requested by the proper party on the ground of failure of settlement where the dispute involves members of the same indigenous cultural community, which shall be settled in accordance with the customs and traditions of that particular cultural community, or where one or more of the parties mutually agreed to submit their disputes to the indigenous system of amicable settlement, and there has been no settlement as certified by the Datu or tribal leader or elder to the Punong Barangay of the place of settlement. (Aggranzamendez, 2008)
PUNONG BARANGAY
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The PUNONG BARANGAY, as requested by the proper party on the ground of failure of settlement where the dispute involves members of the same indigenous cultural community, which shall be settled in accordance with the customs and traditions of that particular cultural community, or where one or more of the parties mutually agreed to submit their disputes to the indigenous system of amicable settlement, and there has been no settlement as certified by the ___________ of the place of settlement. (Aggranzamendez, 2008)
Datu or tribal leader or elder to the Punong Barangay
77
KP FORM # 21
CERTIFICATE TO FILE ACTION
78
NO AGREEMENT DURING THE CONCILIATION
CERTIFICATE TO FILE ACTION
79
WHAT HAPPENS NEXT IF THE PANGKAT IS
SUCCESSFUL IN THE CONCILIATION?
* An amicable settlement shall be put into writing in a Language or dialect known to them and attested to by the LUPON CHAIRMAN OR THE PANGKAT CHAIRMAN.
* The PANGKAT SECRETARY shall prepare a transmittal of settlement to the appropriate court and fills up a transmittal form.
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* An amicable settlement shall be put into writing in a Language or dialect known to them and attested to by the
LUPON CHAIRMAN OR THE PANGKAT CHAIRMAN.
81
KP FORM 28 MEANS
MONTHLY TRANSMITTAL OF FINAL REPORTS
81
shall prepare a transmittal of settlement to the appropriate court and fills up a transmittal form.
PANGKAT SECRETARY
82
Lupon/Pangkat Secretary shall transmit not later than ______ of each month the final reports for preceding month
5 days
82
Art. 155
Alarms and Scandals
83
Art. 175
Using False Certificates
84
Art. 178
Using Fictitious Names and Concealing True Names
85
Art. 179
Illegal Use of Uniforms and Insignias
86
Physical Injuries Inflicted in A Tumultuous Affray
Art. 252
87
Giving Assistance to Consummated Suicide
Art. 253
88
Responsibility of Participants in A Duel If Only Physical Injuries Are Inflicted or No Physical Injuries Have Been Inflicted
Art. 260
89
Less Serious Physical Injuries
Art. 265
90
Slight Physical Injuries and Maltreatment
Art. 266
91
Unlawful Arrest
Art. 269
92
Inducing A Minor to Abandon His/Her Home
Art. 271
93
Abandonment of A Person in Danger and Abandonment of One’s Own Victim
Art. 275
94
Abandoning A Minor (A Child Under Seven [7] Years Old)
Art. 276
95
Abandonment of A Minor by Persons Entrusted with His/Her Custody; Indifference of Parents
Art. 277
95
Qualified Tresspass To Dwelling (Without the Use of Violence and Intimidation)
Art. 280
95
Other Forms of Trespass
Art. 281
96
Grave Coercion
Art. 286
97
Light Threats
Art. 283
98
Other Light Threats
Art. 285
99
Light Coercion
Art. 287
100
Other Similar Coercions (Compulsory Purchase of Merchandise and Payment of Wages by Means of Tokens).
Art. 288
101
Formation, Maintenance and Prohibition of Combination of Capital or Labor Through Violence or Threats
Art. 289
102
Discovering Secrets Through Seizure and Correspondence
Art. 290
103
Revealing Secrets with Abuse of Authority
Art. 291
104
Occupation of Real Property or Usurpation of Real Rights in Property
Art 312
105
Theft (If the Value of The Property Stolen Does Not Exceed P50.00)
Art. 309
106
Qualified Theft (If the Amount Does Not Exceed P500).
Art. 310
107
Altering Boundaries or Landmarks
Art. 313
108
Swindling or Estafa (If the Amount Does Not Exceed P200.00).
Art. 315
109
(If the Value of The Property Stolen Does Not Exceed P50.00)
Theft
110
(If the Amount Does Not Exceed P500).
Qualified Theft
111
(If the Amount Does Not Exceed P200.00)
Swindling or Estafa
112
Other Forms of Swindling
Art. 316
113
Swindling A Minor
gg. Other Deceits
Art. 317
Art. 318
114
Removal, Sale or Pledge of Mortgaged Property
Art. 319
115
Special Cases of Malicious Mischief (If the Value of the Damaged Property Does Not Exceed P1,000.00).
Art 328
116
Simple Seduction
Art. 338
117
Other Mischiefs (If the Value of The Damaged Property Does Not Exceed P1,000.00).
Art. 329
118
Acts of Lasciviousness with The Consent of The Offended Party
Art 339
119
Threatening to Publish and Offer to Prevent Such Publication for Compensation
Art. 356
120
Prohibiting Publication of Acts Referred to In the Course of Official Proceedings
Art. 357
120
Fencing of Stolen Properties If the Property Involved Is Not More Than P50.00
PD 1612
120
Issuing Checks Without Sufficient Funds
BP 22
121
Incriminating Innocent Persons
Art. 363
121
Intriguing Against Honor
Art. 364
