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Katarungang Pambarangay Handbook_0

THE PANGKAT CHAIRPERSON

THE PANGKAT CHAIRPERSON SHALL APPLY, IN SIMILAR MANNER, FOR THE PUNISHMENT OF A WITNESS WHO WILLFULLY FAILS OR REFUSES TO APPEAR AS FOR INDIRECT CONTEMPT OF COURT. KP FORM # 22: CERTIFICATION TO FILE ACTION Republic of the Philippines Province of __________ CITY/MUNICIPALITY OF ______________ Barangay _________________ OFFICE OF THE LUPONG TAGAPAMAYAPA ___________________ ___________________ Complainant/s Barangay Case No. ________________ For: ____________________________ ________________________________ ________________________________ — against — __________________ __________________ Respondent/s CERTIFICATION TO FILE ACTION This is to certify that: 1. There was a personal confrontation between the parties before the Punong Barangay but mediation failed; 2. The Punong Barangay set the meeting of the parties for the constitution of the Pangkat; 3. The respondent willfully failed or refused to appear without justifiable reason at the conciliation proceedings before the Pangkat; and 4. Therefore, the corresponding complaint for the dispute may now be filed in court/government office. _________________ Pangkat Secretary Attested by: ___________________ Pangkat Chairman 42 A HANDBOOK

WHAT HAPPENS NEXT IF THE PANGKAT IS SUCCESSFUL IN THE CONCILIATION? AN AMICABLE SETTLEMENT SHALL BE PUT INTO WRITING IN A LANGUAGE OR DIALECT KNOWN TO THEM, AND ATTESTED TO BY THE LUPON CHAIRMAN OR THE PANGKAT CHAIRMAN. IT HAS THE FORCE AND EFFECT OF A FINAL JUDGMENT OF A COURT AFTER TEN (10) DAYS FROM THE DATE OF AMICABLE SETTLEMENT WAS MADE, UNLESS A PROTEST OR REPUDIATION OF THE SETTLEMENT IS MADE. THE PANGKAT SECRETARY SHALL PREPARE A TRANSMITTAL OF SETTLEMENT TO THE APPROPRIATE COURT AND FILLS UP A TRANSMITTAL FORM. BUT YOU KNOW, KAP, THERE COULD REALLY BE CASES WHEREIN THE SUPPOSED SETTLEMENT WAS AFFECTED ADVERSELY BY FRAUD, VIOLENCE, INTIMIDATION, ETC? ANY OF THE INVOLVED PARTIES CAN REPUDIATE THE SETTLEMENT WITHIN 10 DAYS FROM THE DATE OF THE SETTLEMENT BY FILING WITH THE LUPON CHAIRPERSON OR PANGKAT A STATEMENT TO THAT EFFECT SWORN BEFORE HIM. FAILURE TO REPUDIATE THE SETTLEMENT WITHIN A TEN (10) DAY PERIOD SHALL BE DEEMED A WAIVER OF THE RIGHT TO CHALLENGE ON SAID GROUNDS. KATARUNGANG PAMBARANGAY 43

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