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Transcribed directly from the notes of Atty. Noe E.

Villanueva for Restorative Justice class


UB SOL 1st Semester AY 2017-2018

The New Katarungang Pambarangay Law


- Sections 399-422, Chapter 7, Title I, Book III and Sections 515, Book IV;
- Title I, RA 7160 [Local Government Code of 1991, effective on January 1, 1992
- Section 536, RA 7160

Re: Barangay Court


- Lupon Tagapamayapa or the Pangkat Tagapagkasundo; 2 institutions established by law for resolution of disputes
in the barangay level.
- But while the barangay courts have no inherent judicial powers, note that under Section 413 (Chapter VII, Title
One, Book III, RA 7160), the contending parties may agree in writing to give them what are in effect
ADJUDICATORY POWERS by opting to go into arbitration and binding themselves to abide by the arbitral
award of the lupon chairman or the pangkat. The agreement is the law between the parties (Art. 1306, Civil Code
of the Philippines).
- Arbitration is not contrary to law or public policy. In fact, it is governed by Special Law (RA 876) and is
expressly recognized by the Civil Code as a mode of resolving disputes. (Arts. 2042-2046, Civil Code)

The New Katarungang Pambarangay Law


- Sections 399-422, Chapter 7
- Title I, Book III and Sections 515, Book IV, Title I, RA 7160 [Local Government Code of 1991)
- The law institutionalizes the AREGLO system as a means of settling dispute.
- The law contributes immensely to the continuing effort to UNCLOG the dockets of the Courts.
- Most importantly, it spares the parties of the expense and aggravation of litigation and frees them to a more
productive endeavour.
- The laudable purpose of the law should be clear by now. The law does not want to see residents of the same city
or municipality, fighting tooth and nail in court over petty matters, inquired wrongs or inconsequential issues.
Litigation is never a productive endeavour, except for lawyers.

Q: Is there such thing as barangay court?


A: NONE. Barangay Officials, whether individually or collectively, have NO JUDICIAL POWERS. What they weild are
powers of CONCILIATION and MEDIATION to the end that cases commencing on their level heed the courts and must
contribute to the clogging of the courts/dockets. Their mission is to SETTLE and NOT TO DECIDE.

- Largely called:
a. Lupon Tagapayapa
b. Pangkat Tagapasundo
- These are the two institutions established by law for the resolution of disputes on the barangay level
A. LUPON TAGAMAYAPA composed of the Punong Barangay and Chairman and 10 to 20 members
B. PANGKAT TAGAPAGPASUNDO not a permanent body. It may be described as AD HOC body, constituted
for a particular case.
The members are chosen by the parties to a dispute. If the members cannot agree, the membership us
formed by the Lupon Chairman by drawing lots.
Composed of three (3) members chosen by the parties from the list of LUPON members
*There should be a provision declaring the proceedings before the pangkat STRICTLY CONFIDENTIAL
so that the disputants will open up to them particularly in private matters (See: Section 7(b), Rule VI, KP
Rules)

C. PROCEDURE FOR SETTLEMENT


- FIRST, complaint filed and filing fee paid. Filing is with the Lupon Chairman. Complaint orally in writing.
- Complaint made orally it is the duty of the Lupon Chairman to put it in writing. (Rule III, Sec. I (b-I)
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- SECOND, summons issued respondent shall answer the complaint orally or in writing by DENYING the essential
or material averments of the complaint and/or alleging any lawful defense.
- He may also interpose against the complainant a COUNTERCLAIM, a CROSS-CLAIM against a co-respondent,
a THIRD PARTY COMPLAINT against one not yet party to the the proceedings.
- Since the purpose of mediation and conciliation is to settle a dispute, there should be a provision encouraging the
respondent to answer by admitting the averments in the complaint if such averments are true. This will certainly
HASTEN the proceedings or settlement.
- THIRD, MEDIATION: conducted by the Punong Barangay or Lupon Chairman. This is the TURF of the
Barangay Chairman.
- FOURTH, CONCILIATION: Pangkat comes into being as a result of the failure on the part of the Lupon
Chairman to effect settlement during the mediation. Hearing both parties and their witnesses simplify the issues;
explore the possibility of amicable settlement
- IMPORTANCE OF CONFRONTATION (Section 412)
Absence of prior mediation BARS the filing of an information in Court
Mere filing of a complaint with the Lupon Chairman is not enough. There must be SUBSTANTIAL
COMPLIANCE with required MEDIATION.
x x x If the complainant does not appear at the mediation, the subsequent criminal action may be
dismissed for PREMATURITY.

Q: Is non-compliance a JURISDICTIONAL DEFECT?


A: NO. While it may be a ground for dismissal, police referral to the Lupon is not a jurisdictional
requirement, non-compliance with which would, deprive the Court of its jurisdiction OVER THE
PERSON OF THR DEFENDANT(Garces vs CA, 162 SCRA 504, 1988)

Q: Is it a ground for a motion to dismiss?


A: YES. The law says it is a PRECONDITION. Failure to comply with a condition precedent
amounts to LACK OF CAUSE OF ACTION. Under the new rules on civil procedure, the ground for
a motion to dismiss should be that a condition precedent for the filing of a claim has not been
complied with. (Section (j), Rule 16, 197 Rules of Civil Procedure).

NOTE: Administrative Circular 14-93 (July 15, 1993)

- It may be dismissed not for lack of jurisdiction but for failure TO STATE A CAUSE OF ACTION OR
PREMATURITY.
- CAUSE OF ACTION, is the act or omission by which a party violates a right of another (Section 2, Rule, 1997,
Rules on Civil Procedure)
- Or the court may SUSPEND the proceedings upon a petition of a party under Section 1, Rule 21 of the Rules of
Court and refer the case to the appropriate BARANGAY AUTHORITY.
- The condition is analogous by analogy to the exhaustion of administrative remedies or earnest exertion of efforts
to compromise suits between members of the same family. These are grounds that may be WAIVED.
REVISED RULE ON SUMMARY PROCEDURE
Section (18) Lack of prior referral to appropriate Lupon is a ground for a motion to dismiss.
NOTE: Section 19 Prohibited pleadings and motions A motion to dismiss for failure to refer
dispute to the LUPON for conciliation is NOT a prohibited pleading in SUMMARY PROCEEDING.
It is EXPRESSLY ALLOWED.

** PROCEDURE IN MEDIATION AND CONCILIATION xx


1. Complaint filed, filing fee paid
2. Summons Issued
3. Answer
4. Mediation
5. Constitution of the Pangkat
6. Conciliation
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7. Certification to File Action
8. Certification to Bar Action/Counterclaim
- When issued?
a. Complainant REFUSES to appear without justifiable reason for mediation
b. RESPONDENT with Counterclaim, EXPLAIN why Certification to Bar Counterclaim should nt be issued.
9. Motion for execution
10. Hearing: Voluntary Compliance
11. EXECUTION by Court Action
- After the lapse of six (6) months, the settlement may be enforced by action in the appropriate MUNICIPAL
TRIAL COURT (MTC)

*** ARBITRATION ***


- Under Section 413, the parties may at any stage of the proceedings agree in writing to go into arbitration and
ABIDE by the arbitral award of the Lupon Chairman or Pangkat.
- By agreement of the parties, the arbitration reward is FINAL and UNAPPEALABLE. It is even more final than a
court decision which is subject to a motion for reconsideration or appeal.

Q: May an arbitration award be REPUDIATED?


A: NO, the parties have agreed to abide by it, whatever it will be. The agreement is valid, NOT being contrary to law or
public policy. It is the law between the parties.

NOTE: However, THE AGREEMENT TO ARBITRATE or ARBITRATION AGREEMENT may be repudiated within
five (5) days from the date thereof (Section 12, Rule VI, KPR)

Q: What is the remedy against an arbitration award?


A: PETITION TO NULLIFY AWARD filed before the proper MTC within TEN (10) days from the date thereof (Section
416, Local Government Code)

ANTI LAWYER BIAS OF THE LAW


- Section 415 Appearance of parties in person. In all Katarungang Pambarangay proceedings, THE PARTIES
MUST APPEAR IN PERSON without the assistance of counsel or representatives EXCEPT minors may be
assisted by their next of kin WHO ARE NOT LAWYERS.

XXX

Q: The respondent, despite notice, snubs the mediation proceedings before the LUPON Chairman. May his wilful refusal
on failure to appear be a sufficient basis for the issuance of the corresponding CERTIFICATION TO FILE ACTION?
A: NO. Under Rule VI of the Katarungang Pambarangay Rules in all cases where the respondent fails to appear at the
mediation proceedings before the Punong Barangay, its MANDATORY for the latter to CONSTITUTE THE PANGKAT.

Q: When does the Lupon Secretary issue the Certification to File Action? (CFA)
A: The Lupon Secretary issues the CFA (attested by the Lupon Chairman) only when a confrontation of the parties has
taken place and that conciliation or settlement has been reached, but the same HAS BEEN SUBSEQUENTLY
REPUDIATED.

Q: When does the PANGKAT SECRETARY issue the CFA?


A: The Pangkat Secretary issues the CFA (attested by the Pangkat Chairman) into two instances:
a. Confrontation of the parties took place (before the Pangkat) but NO CONCILIATION or SETTLEMENT was
reached.
b. NO personal confrontation took place before the Pangkat though no fault of the complainant.

Q: When does the PUNONG BARANGAY issue the Certification?


A: In case of FAILURE TO SETTLE THE DISPUTE INCLUDING MEMBERS OF INDIGENOUS CULTURAL
COMMUNITY

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Q: What is the effect of wilful refusal to appear before the LUPON or PANGKAT?
A: Section 515 ( 1st par KPL) may be punished by the City or Municipal court for INDIRECT CONTEMPT, upon
application filed therewith by the Lupon Chairman or any of the contending parties.

EXECUTION
- Section 417, amicable settlement or arbitration award may be enforced by the Lupon within six (6) months. After
the lapse of such time, the settlement or award may be enforced by ACTION in the appropriate Municipal Trial
Court (MTC).
- Action, (a civil) action is one by which a party sues another for the enforcement or protection of a right , or the
prevention or redress of a wrong ((a), Section 3, Rule 1)
- A criminal action is one by which the State prosecutes a person for an act or omission punishable by law. ((b),
Section 3, Rule 1, 1997 Rules on Civil Procedure)

*** AUTHORITY OF THE LUPON ***


- Section 402 The Lupon if each barangay shall have the AUTHORITY (not jurisdiction) to bring together the
parties RESIDING IN THE SAME CITY OR MUNICIPALITY for amicable settlement, EXCEPT
1. Where one party is the government, or any subdivision or instrumentality thereof
WHY? This is understandable. The barangay is but a unit of the City or Municipality. It cannot
acquire jurisdiction over the bigger unit. The part cannot be greater than the whole (Gegare vs CA,
177 SCRA 471 (1989))
2. Where one party is a public officer or employee, and the dispute relates to the performance of his public
functions
WHY? It is possible that even the ordinary courts will have no jurisdiction
3. Offenses punishable by imprisonment NOT exceeding one (1) year or fine NOT exceeding five thousand
(P5,000.00) pesos.
They are under the jurisdiction of the Lupon and the pangkat
4. Where the dispute involves real properties located in different cities and municipalities unless the parties
thereto agree to submit their differences to amicable settlement by appropriate lupon
WHY? Again this is a consequence of the barangay being a unit of a certain city or municipality
5. Offenses where there is no private offended party
WHY? Mediation and conciliation presupposes at least two parties
6. Dispute involving parties who actually reside in different barangays or 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 appropriate lupon.
WHY? Again it must be borne in mind that the barangay is the smaller unit of government
7. Such other classes of disputes which the President may determine in the interest of justice upon
reconsideration of justice
The courts in which non-criminal cases not falling within the authority, the lupon under this Code
(CHAPTER VII, RA 7160) are filed may, at any time before the trial, motu proprio refer the case to
the lupon considered for amicable settlement (Section 1 (b-1) Rule III, KPR)
8. Complaints made by or against corporations, partnerships or other juridical entitites shall not be accepted by
the Lupon Chairman.

In addition, Admin. Circular No. 14-93 adds 3 more cases that are beyond the authority of the Lupon
a. Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) (Sec. 46 and 47,
RA 6657), there is a special body called the Barangay Agrarian Reform Council (BARC) that
conciliates the dispute.
b. Labor disputes or controversies arising from employer-employee relationship/relations
Montoya vs Espejo, 171 SCRA 442 (1989): Art. 226, Labor Code as amended, grants EXCLUSIVE
JURISDICTION over conciliation and mediation of labor disputes, grievances or problems to certain
offices of the Department of Labor and Employment (DOLE)
c. Actions to annul judgements upon a compromise, which may be filed directly in Court (Sanchez vs
Tupas, 158 SCRA 459 (1988))
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NOTE: It would appear that an action to annul judgement which is not based on a compromise would
have to pass through the Lupon or Pangkat a case of a barangay court reviewing the words of a
regular court of justice. But then even a final judgement may be the subject of settlement, provided
BOTH parties agree.

Q: M, a resident of San Fernando, La Union, wants to sue O, a resident of General Luna, Baguio City, for FORCIBLE
ENTRY over a parcel of land situated at City Camp, Baguio City. Within which barangay lupon should M file her
complaint for forcible entry against O for purposes of mediation and conciliation?
A: WRONG QUESTION. The dispute is BEYOND the authority of the Lupon.5e parties do not reside in the same city or
municipality.

CRIMINAL CASES
Q: May criminal cases be settled?
A: The answer is obvious. The Lupon or Pangkat have authority over BOTH CIVIL and CRIMINAL matters. There are
many matters or offenses falling within the authority of the Lupon and Pangkat by virtue of Section 408 (c).

RULES
- Once the settlement procedure in the law FAILS, the case may be filed in Courts. The moment it SUCCEEDS, the
case may no longer be filed.

Q: May the complainant complain?


A: NO. Because he agreed with the settlement. The law gives him the right to agree or not to agree to settle.

Q: May the accused complain?


A: NO. The settlement process is PURELY VOLUNTARY. He can even snub he proceedings if he wants to.

Q: Does the State lose the right to prosecute after settlement?


A: YES

Q: Can it be heard to complain?


A: NO. Because it has given his prior consent to the settlement by enacting the KPL

NOTE: If it can still prosecute the case after settlement, NO accused would ever agree to settle with the private
complainant before the Lupon or Pangkat.

Q: WHEN MAY THE LUPON BE BY PASSED (EXCEPTIONS)


A: 1. Where the accused is under detention
2. When a person has been deprived of formal liberty calling for habeas corpus proceeding
3. Where the actions are coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal jeopardy, support pendente lite, and
4. Where the actions may be barred by the Statute of Limitations

SPECIAL RULES ON VENUE


- The rule on venue is subject to the rule on jurisdiction, or as is called by law AUTHORITY. If venue in the KPL
the place provided for by law for filing an action or proceeding is HIGHLY TECHNICAL.

NOTE: The Lupon has no authority because the parties reside in barangay BELONGING to different CITIES and
MUNICIPALITIES, then there is no occasion to apply the rule on venue.

RULES:
1. Resident of different barangays, the SAME city or municipality must be files in the barangay WHERE THE
RESPONDENT ACTUALLY RESIDES

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2. If there are two or more respondents, then the complaint may be filed in the BARANGAY where any of the
respondents is a resident, or the election of the complainant
The law does not want to see residents of the same city or municipality fighting in court
3. In case of disputes involving real property or any interest therein, the complaint shall be brought in the barangay
where the real property or the larger portion thereof is situated.
In court, venue is where the real property or a portion thereof is situated. (Section 1, Rule 4, 1997
Rules on Civil Procedure)
4. In cases arising in the WORKPLACE, where the contending parties are employed or in the institution where such
parties are enrolled for study, the complaint shall be filed in the barangay where such workplace or institution is
located.
NOTE: This is the only instance in the Rule on Venue in the KPL where the PLACE OF COMMISSION of the
offense is given rightful importance

WAIVER OF IMPROPER VENUE


- Objections to venue shall be raised in the MEDIATION PROCEEDINGS before the Punong Barangay, otherwise,
it shall be WAIVED.
- Objections to venue cannot be made before the Pangkat
- A LAYMAN, how can he question improper venue?
Q: is this taught in Elementary? High school? College?
VENUE of birthday party may be, but certainly NOT the technical remedial law rule on laying the
venue of an action
This is an example of an IGNORANCE OF (A) THE LAW MAKER.
NOTE: The determination of venue should have been left to the Lupon CHAIRMAN. After all, he is
to undergo seminars on KPL or Rules on Objections to Venue
And in ruling objections on improper venue, he can seek the advice of the sec. of Justice, the Provl,
Mun. Legal Officer or Prosecutor (Sec. 407)

VENUE ON CRIMINAL CASES


- Venue in criminal cases is the place where the crime is committed. This is a matter of JURISDICTION. IT
CANNOT BE WAIVED.
- But here it can, on the ground that venue in this context is NOT A PLACE OF TRIAL BUT PLACE OF
SETTLEMENT.
- Under the SPL Rule on VENUE in Section 409 (KPL), if the crime is committed in the barangay where the
complainant resides he has to conduct a search for the barangay of the respondent before he can file a complaint.
- Since conciliation is a condition precedent to the filing of the complaint, the aggrieved party cannot obtain justice
if he cannot discover the residence of the culprit. As if he is the one interested in the settlement.

CONCILIATION AMONG THE MEMBERS OF INDIGENOUS CULTURAL COMMUNITIES


- Under Section 399(f) (KPL) In barangays where majority of the inhabitants are members of the indigenous
cultural communities, LOCAL SYSTEMS of settling local disputes through their COUNCIL OF DATUS,
ELDERS shall be recognized without prejudice to the applicable provisions of this Code.

NOTE: Under Section 412 (c) the CUSTOMS and TRADITIONS of the indigenous cultural communities shall be
APPLIED in settling disputes between members of cultural communities.

Q: Suppose under the customs and traditions of the indigenous cultural community TRIAL BY ORDEAL IS OBSERVED.
For instance, the disputants under their customs and traditions are to plunge their hands into a kettle of boiling water and
whoever is burned is deemed guilty.
A: It is submitted that such a hazardous custom should not be countenanced. It is contrary to law, public order and safety.
Furthermore, the BARANGAY CONCILIATION is primarily intended for settling disputes and NOT A MEANS TO
DETERMINE GUILT or LIABILITY.

Q: Suppose not all attending parties belong to the same cultural community?

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A: Where one or more of the parties belong to the MINORITY, submission of the indigenous system shall be mutually
agreed upon by all parties. In the absence of unanimous agreement, the procedure in KPL and Rules shall apply.

***
Q: Suppose that A, a member of an indigenous cultural community, assaults B, another member of the same indigenous
cultural community, and beats him up with an inch of his life. Considering the gravity of As injuries, the case qualifies as
FRUSTRATED MURDER. Under the customs and traditions if the indigenous cultural community, frustrated murder may
be settled by delivering 2 cows, 2 carabaos and 10 pigs to the offended party. Assuming that B agrees, is the settlement
valid?
A: Technically, the settlement before the Lupon or Pangkat is not valid from the point of view of the State. Tribal customs
and traditions shall be observed in the process of settlement of disputes and not for the purpose of determining whether a
particular case is within the authority of the Lupon. The authority of the Lupon is conferred by law. Frustrated murder is
beyond the authority of the Lupon as conferred by law. Customs and traditions CANNOT EXPAND the authority of the
Lupon.
- NOTE: However, where there is no complaint, the State may be hard put to pursue the case.

Re: Arbitration (see: pp. 14-15 of this notes)


Q: May a criminal case be the subject of an arbitration?
A: Neither Section 413 of the Local Government Code nor Sec. 9, Rule VI of the Rules, makes a distinction. Where the
law does not distinguish we should not distinguish.
- The EXCUSE of course is that what is being arbitrated is by fiction of law NOT a criminal case or action but
merely a dispute. (END OF SET A NOTES)

(START OF SET B NOTES)


OUTLINE OF RULE 18 (PRE-TRIAL IN CRIMINAL CASES AND A.M. NO 03-1-09 SC)
BY. ATTY. NOE E. VILLANUEVA
Guidelines to be observed by trial judges and clerks of courts in the conduct of pre-trial and use of dispositions-discovery
measures) effective AUGUST 16, 2004
Criminal cases (rule 118: am no. 03-1-09 SC)
o Pre-Trial in Criminal Cases is mandatory (rule 118)
The possibility of an amicable settlement or of submission to ADR
o Before arraignment
The court shall issue an order directing the public prosecutor to submit the record of the
preliminary investigation to the branch Clerk of Court for the latter to attach the records of the
case
o (note) this applies to cases cognizable by RTC not MTC because no prelim investigation in such cases
o Accused is a detention prisoner (same as Rule 116 Sec 1 (e)
A. Raffle case is raffled, and the records transmitted to the judge within three (3) days from the
filing of the complaint or information
B. arraignment0 shall be made within ten (10) days from the date of raffle
C. Pre-Trial shall be held within ten (10) days after arraignment unless a shorter period is
provided for by law
o Accused is not a detention prisoner
A. arraignment- unless a shorter period by law, or SC circular, the arraignment shall be held
within thirty (30) days from the date the court acquires jurisdiction over the person of the
defendant
The time of the pendency of a motion to quash or for a bill of particulars or other causes
justifying suspension of the arraignment shall be excluded in computing the period
B. Pre-Trial- the court shall set the pre-trial conference within thirty (30) days from the date of
arraignment. The court shall also issue an order:

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1. Requiring the private offended party to appear during the arraignment for purposes of
PLEA BARGAINING and the other matters requiring his presence (except in
Comprehensive Dangerous Drugs Cases)
2. Refer to the branch COC for preliminary conference
o Refer the case to the Branch COC if warranted for a preliminary conference to be
set at least three (3) days prior to the pre-trial to mark the documents or exhibits
to be presented by the parties and copies thereof to be attached to the records
after comparison and to consider other matters as may aid in its proper/prompt
disposition
3. Informing the parties that no evidence shall be allowed to be presented and offered
during the trial other than these identified and marked during the pre-trial except when
allowed by the court for good cause shown
4. Mediation. In mediatable cases, the judge shall refer the parties and their counsel to the
Philippine Mediation Center Unit for purposes of mediation if available
5. Preliminary Conference. The branch COC shall assist the parties:
o 1. In reaching a settlement of the civil aspect of the case
o 2. Mark documents to be presented or exhibits and copies thereof attached to the
records after comparison
o 3. Ascertain from the parties undisputed facts and admissions on the documents
marked as exhibits
o 4. Consider such other matters as may aid in the prompt disposition of the case
6. Minutes of preliminary conference
o 1. the proceedings during the preliminary conference shall be recorded in the
minutes of the Preliminary Conference to be signed by both parties and counsel
o 2. The minutes of the preliminary conference and the exhibits shall be attached
by the Branch COC to the case record before the pre-trial
7. Duty of the judge prior to the pre-trial
o The judge must study:
A. the allegations of the information
B. the statements in the affidavits of witnesses and other documentary
evidence which form part of the record of the case of the preliminary
investigation
8. Pretrial conference
o A. Appearance of the parties
If the counsel of the accused or the prosecutor does not appear at the pre-
trial conference and does not offer an acceptable excuse for his lack of
cooperation, the court may impose the proper sanctions or penalties
(Rule 118 Sec 3)
o B. Plea Bargaining
The Trial judge shall consider plea bargaining (except in Dangerous
Drugs Cases)
o C. Where the prosecution and the offended party agree to the plea by the accused,
the court shall:
1. Issue an order which contains the plea bargaining arrived at;
2. Proceed to receive evidence on the civil aspect of the case
3. Render and promulgate judgement of conviction, including the civil
liability or damages duly established by evidence
o D. No Plea Bargaining Or when it fails
When the plea bargaining fails, the court shall:
1. Adopt the minutes of the preliminary conference as part of the pre-trial
proceeding, confirm marking of exhibits or substituted (copies)
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photocopies and admissions on the genuiness and due execution of the
documents and list of object and testimonial evidence;
2. Scrutinize every allegation of the information and the statements in the
affidavits and other documents which form most of the record of the
preliminary investigation and other documents identified and marked as
exhibits in determining further admissions of facts and documents and in
particular the following:
1. The identity of the accused
2. Courts territorial jurisdiction relative to offence/s charged
3. Qualification of expert witnesses
4. Amount of damages
5. Genuiness and due execution of documents
6. The cause of death or injury in proper cases
7. Adoption of any evidence presented during the preliminary
investigation
8. Disclosure of evidence of alibi, insanity, self-defense, exercise
of public authority, and justifying and exempting circumstances,
and
9. Such other matters that would limit the facts in issue.
o C. define factual and legal issues
o D. as the parties to agree on specific trial dates and adhere to the flow chart
determined by the court which shall contain the time frame of the different stages
of the proceeding up to the promulgation of the decision and use of the time
frame for each stage in setting the trial dates;
o E. require the parties to submit to the branch COC the names, addresses, and
contact numbers of witnesses that need to be summoned by subpoena; and
o F. consider modification of order of trial if the accused admits the charge but
interposes a lawful defense.
9. Conduct of pre-trial
o a. during the pre-trial, the judge shall be the one to ask questions on issues raised
therein and all questions must be directed to him to avoid hostilities between
parties
o b. all agreements or admissions made or entered during the pre-trail conference
shall be reduced in writing and signed by the signed by the accused and counsel,
otherwise, they cannot be used against the accused. The agreements covering the
matters referred to in section 1 of this Rule shall be approved by the court. (Sec 1
and 2 Rule 118)
o (a) plea bargaining;
o (b) stipulation of facts;
o (c) marking for identification of evidence of the parties;
o (d) waiver of objections to admissibility of evidence;
o (e) modification of the order of trial if the accused admits the charge but
interposes a lawful defense; and
o (f) such other matters as will promote a fair and expeditious trial of the criminal
and civil aspects of the case. (secs. 2 and 3, cir. 38-98)
10. Pre-Trial Order
o A. the judge shall issue a pre-trial order within ten (10) days after termination of
the pre-trial setting forth:
A. the actions taken during the pre-trial conference;
B. facts stipulated
C. the admissions made
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D. evidence marked
F. number of witnesses presented
G. schedule of trial
o B. the pre-trial order:
A. shall bind the parties;
B. Limit the trial to matters not disposed of;
C. control the course of the action during the trial

PRE-TRIAL UNDER A.M. 15-06-10 SC. (REVISED GUIDELINES FOR CONTINUOUS TRIAL OF CRIMINAL
CASES) EFFECTIVE SEPT 1, 2017

Objectives
o To protect and advance the right of persons to a speedy disposition of their criminal cases
o To reinforce and give tooth to existing rules of criminal procedure and other special rules prescribing
period for court action
o To introduce innovations and best practices for the benefit of parties
Arraignment and pre-trial
o Schedule of arraignment and pre-trial
One the court has acquired jurisdiction over the person of the accused, the arraignment of the
accused and pre-trial shall be set within ten (10) calendar days from the date of courts receipt of
the case for a detained accused and within 30 calendar days from the date of the court acquires
jurisdiction (ether by arrest or voluntary surrender) of a non-detained accused, unless a shorter
period is required by special law or S.C. circular

RULE 116, SEC 1(e)- (e) When the accused is under preventive detention, the accused shall be arraigned within ten
(10) days from the date of the raffle and the pre-trial conference of his case shall be held within ten (10) days after
arraignment.
RULE 118, SECTION 1 xxx the court shall after arraignment and within thirty (30) days from the date the court acquires
jurisdiction over the person of the accused, unless a shorter period is provided for in special laws or circulars of the
Supreme Court, order a pre-trial conference xxx

B. Notice of arraignment and pre-trial


o Notice of arraignment and pre-trial shall be sent to the accused, his/her counsel, private complainant or
complaining law enforcement agent, public prosecutor, any witnesses whose names appear in the
information, for purposes of plea bargaining arraignment and pre-trial
C. Arraignment and preliminary conference of mediatable cases covered by the rule on summary procedure
o 1. Accused pleads guilty to the crime charged in the information judgement to be rendered immediately
o 2. Accused desires to plead guilty to a lesser offense- plea bargaining shall proceed with consent of
private complainant and conformity of the public prosecutor; judgment will be rendered immediately
o 3. Accused pleads not guilty- arraignment and pre-trial shall proceed and thereafter refer the case for
mediation
NOTE: No more JDR after failure of settlement at CAM
D. conduct of pre-trial
o A. absence of parties- the court shall proceed with the pre-trial despite the absence of the accused and/or
the private complainant, provided they were duly notified of the same, and the counsel for the accused as
well as the public prosecutor, are present
o B. stipulations- proposals for stipulations shall be done with the active participation of the court itself and
shall not be left alone to the counsels.
o C. marking of evidence- the documentary evidence for the prosecution and the defense shall be marked.

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o D. pre-trial order- the pre-trial order shall be immediately be served upo0n the parties and counsel on the
same day after the termination of the pre-trial
o E. Compliance with the rules- courts must strictly comply with the guidelines to be observed in the
conduct of pre-trial under AM No 03-1-09-SC

(END OF SET B NOTES)


(START OF SET C NOTES)

C. ALTERNATIVE DISPUTE RESOLUTION


RE: C.A.M. COURT ANNEXED MEDIATION
BY. ATTY. NOE E. VILLANUEVA

ALTERNATIVE DISPUTE RESOLUTION

ADR procedures:
o 1. Arbitration
It is voluntary dispute resolution process in which one or more arbitrators are appointed in
accordance with the agreement of the parties to resolve a dispute by rendering an award.
A neutral third party or a panel of arbitrators considers the dispute with the consent of the parties
The arbitration process is similar to a trial in that normally includes evidentiary hearing and
attorney presentations
o 2. Mediation
This is a voluntary process in which a mediator selected by the disputing parties, facilitates
communication and negotiation and assists the parties in reaching a voluntary agreement
(mediation an alternative method of settling legal controversies, will bring solutions to disputes
speedily, conveniently, and peacefully, less confrontational)
o 3. Conciliation
This is an ADR method in which a third party meets with the adverse parties to assist them in
settling a dispute
o 4. Negotiation
It is a form of an alternative dispute resolution in which the adverse parties themselves hold talks
with the objective of working out their differences
COURT ANNEXED MEDIATION
o In CAM, a case eligible for mediation in a First Level Court or Regional Trial Court during the pre-trial
stage is referred by the presiding judge to the Philippine Mediation Center for mediation
o If mediation is successful and the parties enter into a compromise agreement, and the judges renders a
decision based on this agreement
o If no compromise is reached, or if the parties refuse to undergo mediation, the case is returned to the court
for trial
MANDATORY COVERAGE FOR COURT ANNEXED MEDIATION AND JUDICIAL DISPUTE
RESOLUTION
o 1. All civil cases and the civil liability of criminal cases covered by the rule of summary procedure,
including the civil liability for violations of BP 22, except those by which, by law, may not be
compromised.
o 1. A. Crimes where the payment may prevent criminal prosecution or may extinguish criminal liability,
such as violations of:
A. BP 22
SSS law
Pagibig Law
o 1. B. Crimes against property under title 10, RPC, where the obligation may be civil in nature such as:
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1. Theft under ART 308 of the RPC cognizable by the first level courts;
2. Estafa under ART 315 (1) RPC, except Estafa under ART 315 (2) and (3)
3. Other forms of swindling under Art 316, RPC
4. Swindling a minor under Art 317, RPC
5. Other deceits under Art 318; and
6. Malicious Mischief under Art 327, RPC
o 1. C. Crimes against honor where the liability may be civil in nature such as:
A. Libel by means of writing or similar means under Art. 355 RPC
B. Threatening to publish and offer to present such publication for a compensation under Art 356
RPC
C. Prohibited publication of acts referred to un the course of official proceedings under Art 357
RPC
D. Grave slander (Grave oral defamation) of serious and insulting nature under Art 358 (1) RPC
E. Simple Slander or of a serious and insulting nature under Art 358 (2) RPC
F. Grave Slander by Deed- of a serious nature under Art. 359 (2) RPC
G. incriminating an innocent person under Art. 363 RPC
H. Intriguing against honor Art 364 RPC
I. Liber under R.A. 10175 (cybercrime prevention act of 2012) where the liability may be civil in
nature
J. Criminal Negligence under Title 14 of the RPC where the liability may be civil in nature
K. Intellectual Property rights where the liability may be civil in nature
o (NOTE)
A. the referral of the case for mediation to the PMC unit shall be made only AFTER the
arraignment and pre-trial/preliminary conference. The court shall serve the ORDER OF
REFERRAL to the PMC Unit immediately after the arraignment and the pre-trial/mandatory
conference
B. The Mediation shall be terminated within a non-extendible thirty (30) calendar days from the
date of referral to the PMC Unit. After the lapse of the mediation period or if mediation fails, trial
shall proceed
C. EXCEPT those mentioned above, Criminal Cases subject to the Rule of on Summary
Procedure shall not be referred to mediation
Under A.M. No. 15-06-10-SC, No More referral of Criminal cases to JDR
o 2. Special Proceedings for the settlement of estates
o 3. All civil and criminal cases filed with a certificate to file action issued by the Punong Barangay or the
Pangkat Tagapagsundo under the Revised Katarungang Pambarangay
o 4. All Civil cases and probate proceedings, testate and intestate, brought on appeal from the exclusive and
original jurisdiction granted to the first level courts under Section 33 (3) (2) Judiciary Reorganization Act
of 1980 (BP 25)
The Following Cases shall not be referred to CAM and JDR (?)
o 1. Civil Cases which by law cannot be compromised: ART 2035 no compromise upon the following
questions shall be valid:
1) The Civil status of persons;
2) The validity of marriage or legal separation;
3) Any ground for legal separation;
4) Future support;
5) The jurisdiction of courts
6) Future legitime
o 2. Other criminal cases not covered under (3) to (6)
1. All civil and criminal cases filed with a certificate to file action, etc LT or PT
2. The civil aspect of Quasi-offenses under Title 14 of the RPC

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3. The civil aspect of less grave felonies punishable by correctional penalties NOT exceeding
six(6) years imprisonment, where the offended party is a private person
4. The civil aspect of ESTAFA, THEFT and Libel
o NOTE: 1-4, these are instances
o 3. Habeas Corpus Petitions
o 4. All cases under RA 9262
o 5. Cases with pending application for Restraining Orders/preliminary injunctions
NOTE: in 1, 4, and 5
o Where the parties have agreed to undergo mediation, e.g. custody of minor children, separation of
property or support for pendente lite, the court shall refer them for mediation
NOTE:
o A) Not subject to compromise (art. 2035 NCC)
o B) Habeas Corpus
o C) RA 9262
o D) TRO and PIs

**PROCEDURE**
Individual parties are required to personally appear for mediation.
Corporations, partnerships, or juridical entities shall be presented by a ranking corporate officer fully authorized
by a board resolution
The parties shall proceed to select a mutually acceptable mediator from among the list of accredited mediators
The mediator shall be considered an officer of the court
The mediator shall explain to both parties the mediation process
The mediator shall not record the proceedings of the join conferences or of the separate caucuses
If no settlement has been reached at the end of the period given, the case must be returned to the referring judge.
Assuming that mediation proceeds the mediator may hold sperate caucuses with each party to determine their
respective interests;
The mediator shall have a period of not exceeding thirty (30) days to complete the mediation process
An extended period of another thirty (30) days may be granted by the court upon motion filed by the mediator,
with the conformity of the parties.
If no settlement is reached, the case shall be returned to the referring judge
But if full settlement is reached, the parties assisted by their respective counsels shall draft the compromise
agreement which shall be submitted to the court for approval or other appropriate action
But the parties may just simply submit a joint motion for the withdrawal or dismissal of the case, whereupon the
court shall enter an order dismissing the case
If partial settlement is reached, the parties, assisted by their respective counsels, submit the terms thereof for the
appropriate action by the court.
If the parties do not settle their dispute at CAM, the parties and their counsel shall appear before the JDR (?)
judge, who will then conduct the JDR process as mediator, neutral evaluator, and/or conciliator rolled into one.
As mediator and conciliator, the judge facilitates the settlement discussions between the parties and tries to
reconcile their differences.
PERIOD OF MEDIATION
o The mediator shall have a period not exceeding thirty (30) days to complete mediation process to be
computed from the date when the parties first appeared for the initial conference as stated in the Order to
appear. An extended period of another thirty (30) days may be granted by the court, upon motion by the
mediator, with the conformity of the parties.
SETTLEMENT
o If full settlement of the dispute is reached, the parties assisted by their respective counsels, shall draft the
compromise agreement which shall be submitted to the court for judgment upon compromise or other
appropriate action
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oWhere compliance is forthwith made, the parties shall instead submit a satisfaction of claims or a mutual
withdrawal of the case. Thereafter, the court shall enter an order dismissing the case.
o If partial settlement is reached, the parties shall, with the assistance of counsel, submit the terms thereof
for the appropriate action of the court without waiting for resolution of the unsettled part.
BENEFITS OF MEDIATION
o 1. COST- while the mediator may charge a fee comparable to that of an attorney, the mediator process
generally takes much less time than moving a case through standard legal channels taking less time means
expending less money on hourly fees and courts.
o 2. CONFIDENTIALITY while court hearings are public, mediation remains strictly confidential. No
one but the parties to the dispute and the mediator(s) knows what happened.
o 3. CONTROL mediation increases control the parties have over the resolution
o 4. COMPLIANCE because the result attained by the parties working together, compliance with the
mediated agreement is usually high
o 5. Mutuality parties to mediation are typically ready to work mutually toward a resolution
ADVANTAGES OF MEDIATION OVER LITIGATION
o Mediation is much less costly than civil litigation for many reasons
Preparation for mediation is far easier and simpler than is required to prepare for arbitration or
litigation
Attorneys are not necessary but may participate at the request of a party
If the parties choose binding mediation, the agreement will have a similar finality as binding
arbitration offers without the formalities and costs associated with arbitration
JUDGMENT
o Judgements approving the compromise agreements of the parties shall contain a statement that the
judgments were achieved through JDR
o This is to distinguish judgments approving compromise agreements issued through CAM

(END OF SET C NOTES)

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