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Guide To Usage of KP Forms

The document outlines organizational procedures and forms for a barangay justice system. It details the process for constituting a lupong tagapayapa, filing complaints, summoning respondents, conducting mediation proceedings, and documenting the results including amicable settlements or repudiations.

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0% found this document useful (0 votes)
233 views

Guide To Usage of KP Forms

The document outlines organizational procedures and forms for a barangay justice system. It details the process for constituting a lupong tagapayapa, filing complaints, summoning respondents, conducting mediation proceedings, and documenting the results including amicable settlements or repudiations.

Uploaded by

kimydanila28
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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ORGANIZATIONAL PROCEDURE

STAGE OF SITUATIONS KP FORM EXPLANATION SIGNATORIES


CONSTITUTION
15 DAYS AFTER Punong Barangay KP Form No. 1 Listing of not more than 25 persons Punong Barangay
PUNONG Constitute the Lupong NOTICE TO considered being suitable for the task
BARANGAY Tagapamayapa CONSTITUTE of conciliation.
ASSUMES THE LUPON
OFFICE List should be posted in 3
conspicuous places for at least 3
weeks.

All persons are enjoined to inform the


Punong Barangay of their opposition
to or endorsement of any or all or
recommend other persons not listed
Constitution of Punong Barangay KP Form No. 2 Member is officially appointed. Punong Barangay
the Lupong Issues Appointment APPOINTMENT Punong Barangay appoints not less
Tagapayapa than ten (10) nor more than twenty
(20) Attested: Brgy. Secretary

KP Form No. 3 Member is informed of his Barangay Secretary


NOTICE OF appointment as Lupon Member.
APPOINTMENT
Posting of Official List KP Form No. 4 Listing of not less than 10 members Punong Barangay
of Lupon Members LIST OF nor more than 20 persons as
APPOINTED members of the Lupong Tagapayapa.
LUPON Attested: Brgy. Secretary
MEMBERS List should be posted in 3
conspicuous places.

List should be posted inside the Office


of the Punong Barangay for easy
access and reference.

1
Members are sworn in KP Form No. 5 Member is qualified in accordance Member
to officer OATH OF with law. He/she can now discharge
OFFICE his duties and functions. Punong Barangay

Punong Barangay may KP Form No. 6 After due hearing and with the Punong Barangay
withdraw appointment WITHDRAWAL concurrence of a majority of all
of Lupon Member OF Lupong Tagapamayapa Members, Concurring Members:
APPOINTMENT Punong Barangay may withdraw
appointment on the grounds of: and
a) Incapacity to discharge duties
b) Unsuitability Member concerned

PROCEDURES

STAGE OF SITUATIONS KP FORM EXPLANATION SIGNATORIES


PROCEEDINGS
FILING OF Complainant files KP Form 7 Complaint should be made in writing. 1. Complainant
COMPLAINT complaint with the COMPLAINT It is a summary of violations made 2. Lupon Chairman
Punong Barangay FORM against the complainant and the
remedies the complainant is seeking.
This is the basis why a respondent is
summoned.

MEDIATION PROCEEDINGS

MEDIATION Punong Barangay sets KP Form 8 1. Lupon Chairman


the date, time and NOTICE OF To be issued to the complainant after 2. Complainant
place for the HEARING the complaint is filed. Effect: The
confrontation. Informs complainant is informed of the date,
the complainant after time and place of the confrontation.
filing the complainant.
This form is for the COMPLAINANT.

2
MEDIATION Punong Barangay KP Form 9 The Respondent is ordered to appear 1. Lupon Chairman
issues Summon. SUMMON before the Punong Barangay together
with his witnesses to answer the
complaint filed against him and for
mediation purposes.

This form indicates the date, time and


place for the confrontation.

The complaint form should be


attached to the summon

This form is for the RESPONDENT.

KP Form 9a Attachment is the Officer’s Return 1. Officer who served


Officer’s Return the summon
2. Respondent
3. Other signatories
should respondent
cannot be reached
Witnesses are KP Form 13 The witness/es are ordered to appear
required. SUBPOENA before the Punong Barangay at the 1. Lupon Chairman
date, time and place of the
confrontation. Witness/es are
required to give credence and to
testify to the averments of the
contending parties

Mediation Proceedings KP Form 16 Complainant and Respondent have 1. Complainant


resulted in Amicable AMICABLE agreement to settle their dispute. The 2. Respondent
Settlement (Areglo) SETTLEMENT settlement should be stated clearly 3. Lupon Chairman
and understandable.

The Amicable Settlement becomes


final and executory after the lapse of
ten days. It is as if the court itself has

3
rendered the decision for both of
them.

Repudiation of the KP Form 17 The Amicable Settlement (Areglo) is Depending who repudiated
MEDIATION Amicable Settlement REPUDIATION Repudiated on the grounds that the agreement
(Areglo) his/her consent was vitiated with
either Fraud, Intimidation or Violence The Repudiation should be
subscribed by the Punong
The Repudiation should be made Barangay
within 10 days from date of Amicable
Settlement.
.
In as much as the KP Form 20a BEWARE! There are only 2 instances 1. Lupon Secretary
Amicable Settlement CERTIFICATE when the Punong Barangay can Issue 2. Lupon Chairman
has been repudiated, TO FILE the Certificate to File Action.
the Punong Barangay ACTION
issues a Certificate to Use the form stating that there was
File Action an Amicable Settlement reached
but this was repudiated.

ARBITRATION Complainant and KP Form 14 Complainant and Respondent have 1. Complainant


PROCEEDINGS Respondent have AGREEMENT agreed to submit their dispute for 2. Respondent
(With Punong agreed that a third FOR Arbitration to the Lupon Chairperson 3. Lupon Chairman
Barangay) party should provide ARBITRATION and have stipulated that they bind
judgment to them themselves to comply with the award
that may be rendered by the Lupon
Chair/Punong Barangay.

ARBITRATION The Punong Barangay KP Form 15 After hearing the testimonies of both 1. Lupon Chairman
PROCEEDINGS gives his judgment. ARBITRATION parties and careful examination of the 2. Attested by the
(With Punong AWARD evidences presented in the case, the Lupon Secretary
Barangay) Punong Barangay gives his ruling.

The Arbitration KP Form 17 The Arbitration Agreement is Depending who repudiated


Agreement has been REPUDIATION Repudiated on the grounds that the agreement
Repudiated by either his/her consent was vitiated with

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parties either Fraud, Intimidation or Violence The Repudiation should be
subscribed by the Punong
The Repudiation should be made Barangay
within 5 days from date of Arbitration
Agreement.
In as much as the KP Form 20aa BEWARE! There are only 2 instances 1. Lupon Secretary
Agreement to Arbitrate CERTIFICATE when the Punong Barangay can Issue 2. Lupon Chairman
has been repudiated, TO FILE the Certificate to File Action.
the Punong Barangay ACTION
issues a Certificate to Use the form stating that there was
File Action an Agreement for Arbitration
reached but this was repudiated.

SANCTIONS: FAILURE TO APPEAR BEFORE THE LUPONG TAGAPAMAYAPA

IF The COMPLAINANT KP Form 18 Issued to the Complainant requiring 1. Complainant


COMPLAINANT Failed to appear during NOTICE OF him to appear before the Punong 2. Respondent
HAS FAILED TO Mediation Proceedings HEARING (Re: Barangay to explain his failure for
APPEAR Failure to non-appearance set for the hearing of
BEFORE THE Appear) the case
PUNONG
BARANGAY
If the Punong
Barangay, is not
satisfied with the
explanations of the
Complainant,after
giving the complainant
opportunity to explain The complaint may be dismissed The Punong Barangay
his non-appearance, when complainant, after due notice, issues the Dismissal.
may order the refuses or willfully fails to appear
following: without justifiable reason on the date The Barangay
set for mediation. Secretary certifies.
1. DISMISS THE KP Form 26a
COMPLAINT DISMISSAL

5
FORM

2. ISSUES KP Form 21 This is issued in favor of the Lupon Secretary


CERTIFICATE CERTIFICATE Respondent. Lupon Chairman
TO BAR TO BAR
ACTION ACTION This will bar the Complainant from
seeking judicial recourse for the same
action as that dismissed.

3. APPLY
CONTEMPT
OF COURT
PROCEDINGS.
THE The RESPONDENT KP Form 19 Issued to the Respondent requiring 1. Complainant
RESPONDENT Failed to appear during NOTICE OF him to appear before the Punong 2. Respondent
FAILED TO Mediation Proceedings HEARING (Re: Barangay to explain his failure for
APPEAR Failure to non-appearance set for the hearing of THE ENGLISH VERSION
BEFORE THE Appear) the case HAS INCLUDED THE
PUNONG PUNONG BARANGAY AS
BARANGAY ISSUING AUTHORITY
If the Punong
Barangay, is not
satisfied with the
explanations of the
Respondent ,after
giving the complainant
opportunity to explain
his non-appearance,
may order the
following:

1. ISSUE KP Form 22 This is issued in favor of the The Barangay


CERTIFICATE CERTIFICATE Complainant. Secretary certifies.
TO BAR TO BAR
COUNTER- COUNTER- This will bar the Respondent from

6
CLAIM CLAIM seeking judicial recourse for his/her
counter-claim against the
complainant. Lupon Secretary
2. APPLY Lupon Chairman
CONTEMPT
OF COURT
PROCEDINGS.

3. CONSTITUTE
THE PANGKAT

MEDIATION NO Settlement KP Form 10 Issued to Complainant and 1. Complainant


Reached Despite NOTICE TO Respondent requiring them to appear 2. Respondent
efforts of the Punong CONSTITUTE before the Punong Barangay to select 3. Punong Barangay
Barangay THE PANGKAT the Pangkat members who will
continue in the conciliation process.

Should one or both them are absent


on the date set, the Punong Barangay
proceeds with the constitution of the
Pangkat thru raffle.

CONSTITUTION Instances when KP Form 10 1. Complainant


OF THE Punong Barangay NOTICE TO Issued to Complainant and 2. Respondent
PANGKAT NG Constitute the Pangkat: CONSTITUTE Respondent requiring them to appear 3. Punong Barangay
TAGAPAGKASU THE PANGKAT before the Punong Barangay to select
NDO 1. NO Settlement the Pangkat members who will
Reached continue in the conciliation process.
Despite efforts
of the Punong Should one or both them are absent
Barangay on the date set, the Punong Barangay
2. Respondent proceeds with the constitution of the
has not Pangkat thru raffle.
appeared
before the

7
Punong
Barangay

PANGKAT IS NOW KP Form 11 Notice is given to chosen member of 1. Punong


CONSTITUTED NOTICE TO the Pangkat ng Tagapagkasundo to Barangay/Brgy.
CHOSEN amicably conciliate the dispute Sec.
PANGKAT between the parties
MEMBER 2. Member

Pangkat Chairman sets


the date, time and
place for the initial
confrontation with the
Pangkat.

Issues Notice of KP Form 12 The complainant and respondent are 4. Pangkat Chairman
Hearing to the NOTICE OF informed of the date, time and place 5. Respondent
complainant & HEARING of the conciliation before the Pangkat. 6. Complainant
Respondent

CONCILIATION PROCEEDINGS

CONCILIATION Conciliation KP Form 16 Complainant and Respondent have 1. Complainant


Proceedings resulted in AMICABLE agreement to settle their dispute. The 2. Respondent
Amicable Settlement SETTLEMENT settlement should be stated clearly 3. Pangkat Chairman
(Areglo) and understandable.

The Amicable Settlement becomes


final and executory after the lapse of
ten days. It is as if the court itself has
rendered the decision for both of
them.
CONCILIATION Repudiation of the KP Form 17 The Amicable Settlement (Areglo) is 1. Pangkat Chairman
Amicable Settlement REPUDIATION Repudiated on the grounds that 2. Complainant

8
(Areglo) his/her consent was vitiated with 3. Respondent
either Fraud, Intimidation or Violence 4. Lupon Chairman

The Repudiation should be made


within 10 days from date of Amicable
Settlement.
.
CONCILIATION In as much as the KP Form 20bb BEWARE! There are only 4 instances 1. Pangkat Secretary
Amicable Settlement CERTIFICATE when the Pangkat can Issue 2. Pangkat Chairman
has been repudiated, TO FILE Certificate to File Action.
the Pangkat Chairman ACTION
issues a Certificate to Use the form stating that there was
File Action an Amicable Settlement reached
but this was repudiated.

ARBITRATION Complainant and KP Form 14 Complainant and Respondent have 1. Complainant


Respondent have AGREEMENT agreed to submit their dispute for 2. Respondent
agreed that a third FOR Arbitration to the Pangkat and have 3. Pangkat
party should provide ARBITRATION stipulated that they bind themselves to
judgment to them comply with the award that may be
rendered by the Pangkat.

The Pangkat issues the KP Form 15 After hearing the testimonies of both 1. Pangkat Chairman
Arbitration Award ARBITRATION parties and careful examination of the 2. Attested by the
AWARD evidences presented in the case, the Lupon Chairman
Pangkat gives his ruling.

In as much as the KP Form 20bbb BEWARE! There are only 4 instances 1. Pangkat Secretary
Agreement to Arbitrate CERTIFICATE when the Pangkat can Issue 2. Pangkat Chairman
has been repudiated, TO FILE Certificate to File Action.
the Pangkat issues a ACTION
Certificate to File Use the form stating that there was
Action an Agreement for Arbitration
reached but this was repudiated.
CONCILIATION NO Settlement KP Form 20b BEWARE! There are only 4 instances 1. Complainant
Reached Despite when the Pangkat can Issue 2. Respondent

9
Conciliation Efforts Certificate to File Action. 3. Lupon Chairman

Use the form stating that there was


No Amicable Settlement between
the parties hence the case can now
be filed in court.

SANCTIONS: FAILURE TO APPEAR BEFORE THE PANGKAT NG TAGAPAGKASUNDO


IF The COMPLAINANT KP Form 18 Issued to the Complainant requiring 1. Complainant
COMPLAINANT Failed to appear during NOTICE OF him to appear before the Pangkat to 2. Respondent
HAS FAILED TO Conciliation HEARING (Re: explain his failure for non-appearance 3. Pangkat Chairman
APPEAR Proceedings Failure to set for the hearing of the case
BEFORE THE Appear)
PANGKAT
If the Pangkat is not
satisfied with the
explanations of the
Complainant, after
giving the complainant
opportunity to explain
his non-appearance,
the Pangkat may order
the following:
The complaint may be dismissed The Pangkat Chairman
1. DISMISS THE KP Form 26b when complainant, after due notice, issues the Dismissal.
COMPLAINT DISMISSAL refuses or willfully fails to appear
FORM without justifiable reason on the date The Pangkat Secretary
set for mediation. certifies.
2. ISSUES KP Form 21
CERTIFICATE CERTIFICATE This is issued in favor of the
TO BAR TO BAR Respondent.
ACTION ACTION
This will bar the Complainant from Pangkat Secretary
seeking judicial recourse for the same Pangkat Chairman

10
action as that dismissed.
3. APPLY
CONTEMPT
OF COURT
PROCEDINGS.
THE The RESPONDENT KP Form 19 Issued to the Respondent requiring 1. Complainant
RESPONDENT Failed to appear during NOTICE OF him to appear before the Pangkat to 2. Respondent
FAILED TO Mediation Proceedings HEARING (Re: explain his failure for non-appearance 3. Pangkat Chairman
APPEAR Failure to set for the hearing of the case
BEFORE THE Appear)
PANGKAT
If the PANGKAT is not
satisfied with the
explanations of the
Respondent ,after
giving the complainant
opportunity to explain
his non-appearance,
may order the
following:

1. DISMISS THE NO FORM YET The complaint may be dismissed The Pangkat Chairman
COUNTER- when complainant, after due notice, issues the Dismissal.
CLAIM (If any) refuses or willfully fails to appear
without justifiable reason on the date The Pangkat Secretary
set for mediation. certifies.
2. ISSUE KP Form 22
CERTIFICATE CERTIFICATE This is issued in favor of the
COUNTER- TO BAR Complainant.
CLAIM COUNTER-
CLAIM This will bar the Respondent from Lupon Secretary
3. APPLY seeking judicial recourse for the same Lupon Chairman
CONTEMPT counter-claim as that dismissed.
OF COURT
PROCEDINGS.
4. ISSUES KP Form 20b USE KP FORM

11
CERTIFICATE CERTIFICATE
TO FILE TO FILE
ACTION ACTION

EXECUTION

RESPONDENT Complainant Files KP Form 23 The ten-day period has expired


has not complied Motion for Execution MOTION FOR without any of the parties filing a
with the terms EXECUTION sworn statement repudiating said
and conditions Amicable Settlement NOR Any of the
set forth in the parties filed a Petition for Nullification
Amicable of the Arbitration Award in court
Settlement OR
Arbitration HENCE, Amicable Settlement OR the
Award. Arbitration Award is now Final and
Executory.

In the Motion for Execution, the


Complainant requests that the
corresponding writ of execution be
issued by the Lupon Chairman in this
case.

Upon filing of the KP Form 24 Issued to the Complainant and


Motion for Execution, NOTICE OF Respondent. Copy of Notice of
the Punong Barangay HEARING (Re: Hearing (re: Motion for Execution)
the sets the date, time Motion for should be attached.
and place for the Execution)
Hearing of the Motion During the Hearing of the Motion for
for Execution. execution, the Punong Barangay shall
ascertain the fact of non-compliance
with the terms of the Settlement or
Award.

Upon such determination of non-

12
compliance, he shall strongly urge the
party obliged to voluntarily comply
with the settlement or award.
The obligor is given five (5) days from
the day of date of hearing to
voluntarily comply.
Upon lapse of said five- KP Form 25 The said Notice of Execution must
day period, there being NOTICE OF intelligently refer to the settlement
no voluntary EXECUTION award and the amount actually due
compliance, the thereunder, if it be for money, or the
Punong Barangay shall terms thereof which must be complied
issue Notice of with.
Execution in the name
of the Lupong
Tagapamayapa.

PROCEDURE FOR EXECUTION (PAMAAGI SA PAGPATUMAN)

Section 6, Rule VII Execution of Settlement or Award

a) Kon ang “execution” mao ang pagpabayad ug salapi,ang may tulubagong tagtungod
hatagan ug lugway nga lima (5) ka adlaw sa paghimo ug boluntaryo nga pagbayad.
Kung mapakyas ang hingtungdan, ang Punong Barangay mosakmit ug igo nga mga
kabtangang personal nga nahimutang sa barangay sa hingtungdan aron pagtagbaw sa
kasabutan o sa ganti, pinaagi sa halin sa pagbaligya sa mga butang uban ang
“legal interest”. Kung may igo nga mga “personal” nga mga butang, ang hingtungdan
tugotan sa pagtudlo sa mga butang nga unang kuhaon, una ang uban. Kung ang
mga butang dili pa-igo ibayad sa kasabutan, o “award”, ang kulang bayran sumala sa
mga magamit nga probisyon sa “Rules of Court”.

b) Kung ang “execution” mao ang paghatag o pagbawi sa kabtangan nga nahimutang sa
barangay, ang Punong Barangay magpapahawa sa mga tawong mipirma sa areglo o ang
gihukmang napildi sa kaso gumikan “award”, ug ang paghatag sa katungod sa pagpanag-
iya ngadto sa tagtungod segun sa “settlement” o “award”.

13
c) Kung ang “execution” mao ang paghatag o pag-uli sa kabtangan nga nahimutang sa laing
barangay, sa mao rang siyudad o lungsod, and Punong Barangay nga nag-isyu sa
pahibalo (notice) mohatag ug gahom sa Punong Barangay sa barangay diin ang kabtangan
nahimutang sa pagbawi sa kabtangan ug paghimo sa mga lakang sumala sa parapo b) sa
ibabaw.

d) Kung ang “settlement” o “award” nagasugo sa hingtungdan sa paghimo ug mga dokumento


sa pagbalhin ug yuta, pagdeliber ug mga dokumento, o ubang pang dokumento, o paghimo
ug pino nga buhat, ug ang hingtungdan napakyas sa pagtuman sulod sa gitakdang
panahon, ang Punong Barangay mosugo sa Lupon Secretary nga himoon ang tahas sa
ngalan sa tawo nga masukihon ug nga ang galastohan niini sagubangon o tubagon sa
dili masignugtanon nga hintungdan, ug ang maong buhat nga nahimo, sama ra nga
gibuhat sa hingtungdan (Sec. 6, Rule VII, KPR).

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