CHAPTER 2

ALTERNATIVE DISPUTE RESOLUTION ACT OF

2004 (RA 9285)
What is Alternative Dispute Resolution?
 Refers to a range of dispute settlement methods which help the
parties in the dispute to come to a settlement without going to
court, or without litigating on the said matter.
 A system, using means and methods allowed by law and approved
by the parties, for the purpose of resolving or facilitating the
resolution of disputes and controversies between them, in an
expeditious and speedy manner, without resorting to court
adjudication.
 Means any process or procedure used to resolve a dispute or
controversy, other by adjudication of a presiding judge of a court
or an officer of a government agency, in which a neutral third
party participates to assist in the resolution of issues which
includes, arbitration, mediation, conciliation, and early neutral
evaluation.
FORMS OF ALTERNATIVE DISPUTE RESOLUTION
ARBITRATION
 It is an arrangement for taking and abiding by the judgement of
selected persons in some disputed manner, instead of carrying it
to established tribunals of justice and is intended to avoid
formalities, the delay, the expenses and vexation of ordinary
litigation.
 ADR Act of 2004 defined ADR as a voluntary dispute resolution
process in which one or more arbitrators, appointed in
accordance with the agreement of parties or rules promulgated
pursuant to the ADR act, resolve dispute rendering and award.
ADVANTAGES OF ARBITRATION
 Neutrality of arbitrators
 Technical expertise of arbitrators
 Privacy and confidentiality
 Speed of the disposition
 Non-formal and more flexible procedure
 Flexibility in the choice of laws
 Better enforcement of arbitral awards
MEDIATION
 A voluntary process in which a mediator, selected by the parties,
facilitates communication and negotiation and assists the parties
in reaching a voluntary agreement regarding a dispute.
 Court-annexed mediation - means mediation process
conducted under the endorsement of the court and in accordance
with supreme court approved guidelines, after such court has
acquired jurisdiction of the dispute. Court-Annexed Mediation is a
mandatory step in many civil cases in the Philippines.
CONCILIATION
 Adjustment of dispute in a friendly manner.
Early Neutral Evaluation
 It is a process wherein the parties and their lawyers are brought
together to present summaries of their case and received a non
binding assessment by an experienced neutral person with
expertise in the subject or in substance of the dispute.
PRINCIPLES OF ALTERNATIVE DISPUTE RESOLUTION
1. To promote party autonomy in the resolution of disputes or
the freedom of the parties to make their own arrangements to
resolve their dispute.
2. To encourage and actively promote the use of ADR as an
important means to achieve speedy and impartial justice and
to DE-clog court dockets.
3. To provide means for the use of ADR as an efficient tool and
an alternative procedure for the resolution of appropriate
cases.
4. To enlist active private sector participation in the settlement
of dispute through ADR.
FEATURES OF ALTERNATIVE DISPUTE RESOLUTION
1. Is a means used to resolve a dispute of controversy
2. Utilizes means and methods allowed by law
3. Is contractual in nature
4. Avoids court trial
5. Usually involves the participation of a neutral third party
SUBJECT MATTERS OF ALTERNATIVE DISPUTE
RESOLUTION
 All adversarial disputes and controversies,
 Exception:
1. Labor disputes
2. Civil status of a person
3. Validity of marriage
4. Any ground for legal separation
 5. The jurisdiction of courts
6. Criminal liability

KATARUNGANG PAMBARANGAY
 A system of dispute resolution instituted in all barangays in the
Philippines that seeks to promote, among others, the speedy
administration of justice, by providing all avenues to an amicable
settlement, thereby considerably reducing dockets in our court of
justice.
 The first conception of the katarungang pambarangay law started
in 1976
 It led to the passage of Presidential Decree 1293, creating a
katarungag pambarangay commission to study the feasibility of
resolving disputes at the barangay level.
 PD 1508 in 1978 was the first KP that institutionalized KP,
promulgated by President Ferdinand Marcos Sr.
BARANGAY
The basic political unit, serves as the primary planning and
implementing unit of government policies, plans programs, projects,
and activities in the community, and as a forum wherein the
collective views of the people may be expressed, crystallize, and
considered and where disputes may be amicably settled.
WHO ARE THE BARANGAY CHIEF OFFICIALS AND
OFFICERS?
 Punong Barangay
 7 Sanguniang Barangay Members
 Sanguniang Kabataan Chairman
 Barangay Secretary
 Barangay Treasurer
 There shall also be in every barangay a Lupong
Tagapamayapa
DEFINITION OF TERM
 Amicable Settlement is an agreement reached during
mediation and conciliation proceedings.
 Arbitration is a process wherein the third party from outside
the judicial system is chosen by parties to hear and decide
their dispute.
 Arbitration Award is a decision reached by either the lupon
chairperson or pangkat, as the case may be, upon prior
agreement in writing by the parties to a dispute for the
adjudicators to resolve it.
  Conciliation is a process wherein the pangkat forgoes the
power to decide or recommend but assists the parties to
isolate issues and options to reach a settlement by consensus
that jointly satisfies their needs
 Lupon Tagapamayapa is a body organized in every barangay
composed of punong barangay as the chairperson and not less
than 10 and more than 20 from which the members of every
pangkat will be chosen.
 Mediation is a process wherein the lupon chairperson or
barangay chairperson assist the disputing parties to reach a
settlement by consensus that jointly satisfies their needs.
VENUE
1. The dispute is filed in the barangay where the respondent
resides.
2. If there are 2 or more respondents who reside in different
barangays within the same city or municipality, the dispute is
filed in any of the barangay where the respondents reside at
the option of the complainant.
SPECIAL RULES ON VENUE
1) Arising at the WORKPLACE where the parties are employed:
The dispute is filled in the barangay where the workplace is
located.
2) Arising at the SCHOOL/INSTITUTION where the parties are
enrolled: The dispute is filed in the barangay where the school
or institution is located.
3) REAL PROPERTIES: In case of disputes involving real
properties or any interest therein, the complaint shall be
brought in the barangay where the real property or the larger
portion thereof is situated.
CASES BEYOND THE AUTHORITY OF THE LUPON
1. Labor dispute or controversies arising from employer-
employee relationship.
2. Action to annul judgement upon a compromise which may be
filed directly in court.
The lupon shall have the authority to bring together the parties
actually residing in the same city or municipality for amicable
settlement of all disputes except:
a) Where one party is the government, or any subdivision or
instrumentality thereof;
b) Where one party is a public officer or employee, and the
dispute relates to the performance of his official functions;
 c) Offenses punishable by imprisonment exceeding 1 year or a
fine exceeding five thousand pesos.
BASIC PRINCIPLES
NO SUCH THING AS BARANGAY COURT
 Lupon tagapamayapa is an administrative body which primarily
conciliatory not adjudicative.
 Lupon does not possess contempt power.
LACK OF CAUSE OF ACTION OR PREMATURITY
No complaint, petition, or proceeding involving any matter within the
authority of the lupon shall be filed or instituted directly in court or
any other government office for adjudication, unless there has been
confrontation between parties before the lupon chairman or pangkat.
NO LAWYERS ALLOWED
The parties must appear in person without the assistance of counsel
or representative, except for minors and incompetents who may be
assisted by their next of kin are NOT lawyers.
ESSENCE OF KATARUNGANG PAMBARANGAY
 The essence of the katarungang pambarangay law is the amicable
settlement of disputes wherein the disputing parties are
encourage to make mutual concessions to obtain a peaceful
resolution of the dispute without formal adjudication thereof.
PROCEDURE FOR AMICABLE SETTLEMENT
a. Who may initiate the proceedings. Any individual who has a
cause of action against another individual involving any matter
within the authority of the lupon may complain orally or in
writing, to the barangay captain of the barangay.
b. Mediation by barangay captain. Upon receipt of the complaint,
the barangay captain shall, within the next working day summon
the respondents with notice to the complainant for them and
their witnesses to appear before him for a mediation of their
conflicting interest. If he fails in his effort within 15 days from the
first meeting of the parties before him, he shall forthwith set a
date for the constitution of the pangkat.
c. Hearing before the pangkat. The pangkat shall convene not
later than 3 days from its constitution, on the day and hour set by
the barangay captain, to hear both parties and their witnesses,
simplify issue, and explore all possibilities for amicable
settlement. For this purpose, the pangkat may issue summons for
the personal appearances of parties and witnesses before it.
 In the event that the party moves to disqualify any member of the
pangkat by reason of relationship, bias, interest or any other
 similar grounds discovered after constitution of the pangkat, the
matter shall be resolved by the affirmative vote of the majority of
the pangkat whose decision shall be final.
d. Sanctions. Refusal or willful failure of any party or witness to
appear in compliance with the summons issued may be punished
by the city or municipal court as direct contempt of court upon
application filed therewith by the lupon chairman, the pangkat
chairman or by any of the parties. Further, such refusal or willful
failure to appear shall be reflected in the records of the lupon
secretary or in the minutes of the pangkat secretary and shall bar
the complainant from seeking judicial recourse for the same
cause of action, and the respondent from filing any counterclaim
arising out of or necessarily connected therewith.
 Willful failure or refusal without justifiable cause on the part of
any pangkat member to act as such, as determined by the vote of
a majority of all the other members of the lupon, whose decision
thereon shall be final, result in his disqualification from public
office in the city or municipality for a period of 1 year.
e. Time limit. The pangkat shall arrive at a settlement or resolution
of the dispute within 15 days from the day it convenes. This
period shall at the discretion of the pangkat be extendable for
another period which shall not exceed 15 days except in clearly
meritorious cases.
FORM OF SETTLEMENT
 All amicable settlements shall be in writing, in a language or
dialect known to the parties, singed by them and attested by the
barangay captain, as the case may be. When the parties to the
dispute do not use the same language the settlement shall be
written in the languages known to them.
ARBITRATION
The parties may, at any stage of the proceedings, agree in writing that
they shall abide by the arbitration award of the barangay captain.
Such agreement to arbitrate may within 5 days from the date thereof,
he repudiated for the same grounds and in accordance with the
procedure. The arbitration award shall be made after the lapse of the
period for repudiation and within 10 days after.