Lupon Lecture

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What is conciliation?1.

To overcome the distrust or animosity of; appease.2. To


regainor try to regain (friendship or goodwill) by pleasant behavior.. To ma!e or
attempt toma!e compatible; reconcile.

2. What is mediation? "ediation# a form of alternative dispute resolution ($%&)#
aims toassist two (or more) disputants in reaching an agreement.

. What is arbitration? $rbitration is a legal techni'ue for the resolution of
disputesoutside the courts# wherein the parties to a dispute refer it to one or more
persons (thearbitrators# arbiters or arbitral tribunal)# by whose
decision (the award) they agreeto be bound.

. What is repudiation?The refusal to ac!nowledge a contract or debt.

*. What is the essence of +atarungan,arangay? The essence of the +atarungang-
ambarangay aw is theamicable settlement of disputes wherein the disputing
partiesareencouraged to ma!e mutual concessions to obtain a peacefulresolution of
the disputewithout formal ad/udication thereof. Theimportant consideration in
amicable settlement isthe e0tent towhich the parties are willing to compromise
their respectiveclaims againsteach other within the limits imposed by law#morals#
good customs# public order and public policy. (%pinion 3o. 14*# s. 1541)

6. What is essence of +atarungan ,arangay? The barangay settlement procedures
areintended as ascreening process whereby the barangay captain and thepang!at
ngtagapag!asundo# the conciliation panel constitutedfrom the lupon membership#
determinewhich cases are trulyirreconcilable and should therefore be resolved
/udicially(%pinion 3o. 7ll# s. 1542)

8. What is the procedure for amicablesettlement?

4. What is the procedure for amicablesettlement? "ediation by the lupon chairman.
9ponreceipt of the complaint# the lupon chairman shall within# the ne0t wor!ing
day# summonthe respondent (s) with notice to the complainant (s) for theme and
their witness to appear before him for a mediation effort within fifteen (1*) days
from the first meeting of the parties before him# he shall forthwith set a date for
the constitution of the pang!at inaccordance with the provisions of this chapter.

5. What is the procedure for amicablesettlement? :uspension of prescriptive period
ofoffenses . While the dispute is under mediation# conciliation# or arbitration#
the prescriptive periods for offenses and cause of action under e0isting laws shall
beinterrupted upon filing of the complaint with the punong barangay. The
prescriptive periods shall resume upon receipt by the complainant of the complaint
or the certificateof repudiation or of the certification to file action issued by the
lupon or pang!atsecretary -rovided# however# that such interruption shall not
e0ceed si0ty (6<) days fromthe filling of the complaint with the punong barangay.

1<. What is the procedure for amicablesettlement? 7ssuance of summons;
hearing;grounds for dis'ualification. The pang!at shall convene not later than three
() days fromits constitution# on the day and hour set by the lupon chairman# to
hear both parties andtheir witnesses# simplify issues# and e0plore all possibilities
for amicable settlement. =orthis purpose# the pang!at may issue summons for the
personal appearance of parties andwitnesses before it.

11. What is the procedure for amicablesettlement? 7n the event that a party move
todis'ualify any member of the pang!at by reason of relationship# bias# interest# or
anyother similar grounds discovered after the constitution of the pang!at# the
matter shall beresolved by the affirmative vote of the ma/ority of the pang!at
whose decision shall befinal. :hould dis'ualification be decied upon# the resulting
vacancy shall be filled asherein provided for

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