On September 7, 2018, we went to the Barangay Hall of Culiat in Quezon City to conduct an

interview with the Lupon Tagapamayapa of the same Barangay. The interview was about the procedure
in Barangay Conciliation and the role of the Lupon in building up a case. We went there in the morning
and we were referred to Mr. Rex Kan2tero, the Lupon Tagapamayapa of the Barangay.

When he was informed of the purpose of our visit, he immediately stated the objective of the
Lupon Tagapamayapa in confronting Barangay disputes. He stated that the main purpose of Lupon is not
to issue a Certificate to File Action in every dispute they handle. He said that the objective of the Lupon
is to amicably settle the controversy without the need for the disputants to go to court. In fact his
strategy is not to rely on the applicable laws but only through Solomonic reasoning in solving the
dispute. He believed that legal principles might disrupt the conciliation especially when he feels that the
parties are too close to settle. This is supported by his experience when lawyers are involved as parties
to a dispute.

The cases that the Lupon usually settle are disputants bad mouthing each other, gossipers
telling untruthful stories, facebook posts detracting another person and other analogous disputes. One
actual dispute that he was handling was Republic vs. Sandiganbayan which is about a property dispute.
In such dispute, the owner of the land wants to restrain the City Engineer (?) to drill the area near their
house. The drilling is needed for the development of a road project in the vicinity. However, the owner
near the road project contended that they will be severely affected by the digging of holes near their
house; hence, they went to the Barangay for the appropriate action. The Lupon determined that such
dispute is not within their jurisdiction and intends to bring the case to the Housing and Land Use
Regulatory Board (HLURB). Determining whether the dispute is within the jurisdiction of the Lupon is the
first act in solving the dispute as he stated.

When parties have dispute with each other, the Purok Leader of that are will first assess the
situation. According to Mr. Rex Kan2tero, the Purok Leader can settle the dispute because of his close
relationship with his constituents. If the Purok Leader assessed that the dispute cannot be resolved by
his efforts alone. He will bring the case through a certification to the Barangay Public Safety Officers
(BPSO) and the BPSO will refer the dispute to the Lupon. The Lupon will then determine if they have
jurisdiction to settle the dispute. After determining that he has jurisdiction, the party upon paying of the
filing fee, may complaint, in oral or written form.

This is where the mediation by the Lupon starts. The Lupon will summon the parties to appear
before him for mediation. If such effort fails within fifteen (15) days from the first meeting before him,
he will set a date for the formation of the pangkat ng tagapagkasundo.

Not later than three (3) days from its constitution, the pangkat, on the day and hour set by the
lupon chairman, to hear both parties and explore all possibilities for amicable settlement. This is the
Conciliation proceedings. They shall arrive in a settlement or resolution within fifteen (15) days from the
day it convenes which is extendible at their own discretion for a period not exceeding fifteen (15) days
except in meritorious cases.
 Also, the parties may agree at any stage of the proceedings in writing that they will rely on the
arbitration award of the Lupon or the Pangkat. Such agreement may be repudiated within five (5) days.
The said arbitration award will be made after the lapse of the period to repudiate and within (10) days
thereafter. This is the Arbitration part of Barangay dispute settlement.

The amicable settlement or the arbitration award has the force and effect of a final judgment of
a court upon expiration of ten (10) days unless the repudiation of settlement was made or a petition to
nullify the award was filed before the court.