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Katarungang Pambarangay Handbook_0

OUTRIGHTLY DISMISSED AND

OUTRIGHTLY DISMISSED AND SHALL BE BARRED FROM FILING ACTION IN COURT. ON THE OTHER HAND, IF THE RESPONDENT‛S ABSENCE IS FOUND TO BE ALSO WILLFUL AND UNJUSTIFIED, THEN YOU CAN ISSUE A CERTIFICATE TO FILE ACTION AND CERTIFICATE TO BAR COUNTERCLAIM IN FAVOR OF THE COMPLAINANT. ARBITRATION PROCESS STEP 1. THE ARBITER ORDERS ITS SECRETARY TO CALL THE CASE; STEP 2. THE SECRETARY IDENTIFIES AND ENTER INTO RECORD ALL APPEARANCES FROM BOTH PARTIES; STEP 3. THE ARBITER CALLS THE COMPLAINANT TO PRESENT HIS/HER CASE TOGETHER WITH HIS/HER EVIDENCE; NOTE: ANY PERSON WHO IS TO GIVE TESTIMONY BEFORE AN ARBITRATION PROCEEDING SHALL BE SWORN TO AN OATH TO TELL THE TRUTH AND NOTHING BUT THE TRUTH. STEP 4. WHEN A WITNESS IS NECESSARY, HE/SHE IS SUMMONED TO TESTIFY BEFORE THE PROCEEDING (USING KP FORM 13) STEP 5. THE ARBITER CALLS THE RESPONDENT TO PRESENT HIS/HER DEFENSE; PRESENT EVIDENCES AND WITNESSES; IN THE MANNER AFFORDED TO THE COMPLAINT/S; STEP 6. AFTER THE PARTIES HAVE COMPLETED THEIR PRESENTATION, THE CASE IS CLOSED FOR RESOLUTION/DECISION. (AT THIS STAGE, ADJUDICATIVE TRIAL IS COMPLETED) 56 A HANDBOOK

WHAT IF BOTH PARTIES ARE PRESENT? HOW SHALL I CONDUCT THE ARBITRATION? IT SEEMS THAT I LOOK LIKE A JUDGE THIS TIME… IN A WAY, YES. AS AN ARBITER, YOU SHALL THEN CONDUCT THE HEARING IN THE ORDER OF A COURT OR ADJUDICATIVE TRIAL. IN AN ARBITRATION HEARING, THE COMPLAINANT AND RESPONDENT WILL PRESENT THEIR RESPECTIVE CASE AND SUBMIT ALL THEIR NECESSARY EVIDENCE. THE LUPON CHAIRPERSON OR THE PANGKAT WILL THEN ISSUE A RESOLUTION BASED ON THE MERITS OF THE CASE, TESTIMONY OF THE WITNESSES AND THE EVIDENCE PRESENTED. IS THIS WHAT THEY CALL THE ARBITRATION AWARD? YES, THIS ARBITRATION IS JUST LIKE AN AMICABLE SETTLEMENT PUT INTO WRITING IN A LANGUAGE OR DIALECT KNOWN TO BOTH PARTIES AND ATTES- TED TO BY THE LUPON OR PANGKAT CHAIRPERSON. KATARUNGANG PAMBARANGAY 57

KATARUNGANG PAMBARANGAY - LGRC DILG 10
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