아직 마무리 되지 않은 글입니다. 양해 바랍니다.
필리핀에 살다 보면 필리핀 현지인들과 잡음이 끊이지 않습니다. 대표적인 예가 집주인과 보증금 때문에 싸우거나, 가정부나 운전수가 최저임금을 받았네 못받았네 하거나 이웃과 소음이나 주차문제로 실갱이를 하는 것일텐데요, 이럴 때 소송을 하자니 부담스럽고 해서 바랑가이를 찾곤 합니다. 그러나 결국 바랑가이로부터 불리한 결정을 받게 되면 "가재는 게 편이다", "혹시나 했더니 역시나다"라며 필리핀 싸잡아 욕하는 걸로 끝나는 경우가 많습니다. 어딜 가나 가재는 게 편입니다. 필리핀이 아니더라도. 하지만 가재도 게 편 드는데 한계라는 게 있습니다. 즉 너무 표나게는 편 못듭니다. 내가 하는 주장이 법에 비추어 옳고 증거 역시 명백하면 말입니다. 그러니 바랑가이 가기 전에 미리 거기서의 절차도 숙지해 두고 필요한 증거를 가능한 많이 모아 놓으십시요. 계약서, 영수증 , 등기우편, 녹음, 증인 등등.
지방정부법(Local Government Code)
바랑가이 위원회(Barangay Lupon)은 법적으로 조정권한을 갖는 준사법기관입니다. 따라서 바랑가이의 결정이나 중재는 확정판결과 같은 효력을 갖습니다. 따라서 나름대로의 분쟁 해결 규정 및 법적 절차를 갖습는다 {Chapter VII7(Katarungang Pambarangay), Sec. 399 - 422}.
일차적으로 당사자 일방이 이의(complaint)를 제기하면 담당자가 이를 문서로 접수하고 당사자 쌍방을 불러 중재를 시도합니다. 그러나 상대방이 불응하거나 합의가 이루어 지지 않은면 위원회를 소집하여 쌍방의 얘기를 듣고 시비를 가립니다. 마지막에는 당사자가 합의를 하거나 아니면 바랑가이 위원회에서 조정안을 냅니다. 위 합의나 조정안에 대해 일정기간 내에 소송을 제기하지 않으면 확정되고 집행력을 갖습니다. 위 합의나 조정안에 따라 바랑가이 위원회나 법원을 통해 집행을 하게 됩니다.
+++++++++++++++++++++++++++++++++++++++++++++++++++
Settlement of conflicts in the barangay
{Local Government Code, Chapter VII7(Katarungang Pambarangay), Sec. 399 - 422}
THE “Katarungang Pambarangay” or the barangay justice system of the Local Government Code was enacted to help lessen the burden of the courts by settling conflicts and disputes at the barangay level.
This type of conflict resolution or mediation somehow follows the traditional way of settling disputes among members of the community where an in-between body acts as the moderator that sees to it that both parties arrive at a peaceful solution or agreement. In most cases affecting members of the community, the Lupon (Chairman, MO) or the Barangay Chair acts as the mediation officer.
Under the Procedure for Amicable Settlement, 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 Lupon Chairman of the Barangay. Upon receipt of the complaint, the Lupon Chairman shall within the next working day summon the respondent(s), with notice to the complainant for them and their witnesses to appear before him for a mediation of their conflicting interests. If he fails in his mediation 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 in accordance with the provisions of this Chapter.
While the dispute is under mediation, conciliation, or arbitration, the prescriptive periods for offenses and cause of action under existing laws according to the KP Law shall be interrupted upon filing of the complaint with the Punong Barangay. The Pangkat shall convene not later than three days from its constitution and on the day and hour set by the Lupon Chairman, to hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable settlement. For this purpose, the Pangkat may issue summons for the personal appearance of parties and witnesses before it.
In the event that a party moves to disqualify any member of the Pangkat by reason of relationship, bias, interest, or any other similar grounds discovered after the constitution of the Pangkat, the matter shall be resolved by the affirmative vote of the majority of the Pangkat whose decision shall be final. Should disqualification be decided upon, the resulting vacancy shall be filled as herein provided for.
The Pangkat shall arrive at a settlement or resolution of the dispute within fifteen days from the day it convenes in accordance with this section. This period shall, at the discretion of the Pangkat, be extendible for another period which shall not exceed fifteen days, except in clearly meritorious cases.
All amicable settlements according to Section 411 shall be in writing, in a language or dialect known to the parties, signed by them, and attested to by the Lupon Chairman or the Pangkat Chairman, as the case may be. When the parties to the dispute do not use the same language or dialect, the settlement shall be written in the language or dialect known to them.
Section 412 of the KP Law likewise states that under “Conciliation”, no complaint, petition, action, 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 a confrontation between the parties before the Lupon Chairman or the Pangkat, and that no conciliation or settlement has been reached as certified by the Lupon secretary or Pangkat secretary as attested to by the Lupon or Pangkat Chairman or unless the settlement has been repudiated by the parties thereto.
The provision rejoins that parties may go directly to court only when the accused is under detention, a person has been deprived of personal liberty that calls for habeas corpus proceedings, where actions are coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property, and support and where the action may otherwise be barred by the statute of limitations.
For members of indigenous cultural communities, the existing customs and traditions of indigenous cultural communities shall be applied in settling disputes. Section 413 on Arbitration further states that the parties may, at any stage of the proceedings, agree in writing that they shall abide by the arbitration award of the Lupon chairman or the Pangkat. Such agreement to arbitrate may be repudiated within five (5) days from the date thereof for the same grounds and in accordance with the procedure hereinafter prescribed. The arbitration award shall be made after the lapse of the period for repudiation and within ten (10) days thereafter. According to SEC. 414, all proceedings for settlement shall be made public and informal provided, that the Lupon Chairman or the Pangkat Chairman, as the case may be exclude the public from the proceedings in the interest of privacy, decency, or public morals.
In all Katarungang Pambarangay proceedings, 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 who are not lawyers. The amicable settlement and arbitration award shall have the force and effect of a final judgment of a court upon the expiration of ten days from the date of agreement unless a repudiation of the settlement has been made or a petition to nullify the award has been filed before the proper city or municipal court.
The amicable settlement or arbitration award as per Section 417 of the KP Law may be enforced by execution by the Lupon within six months from the date of the settlement. After the lapse of such time, the settlement may be enforced by action in the appropriate city or municipal court.
Any opposing party may dispute within ten (10) days from the date of the settlement, repudiate the same by filing with the Lupon Chairman a statement to that effect sworn to before him, where the consent is vitiated by fraud, violence, or intimidation.
The secretary of the lupon shall transmit the settlement or the arbitration award to the appropriate city or municipal court within five (5) days from the date of the award or from the lapse of the ten-day period repudiating the settlement and copies shall be furnished to each of the parties to the settlement including the Lupon Chairman. Finally, local officials such as the city or municipal mayors are expected to support and see to it that the efficient and effective implementation and administration of the Katarungang Pambarangay is observed.
By Art Tibaldo
Consumer Atbp.
Monday, April 22, 2013
Published in the Sun.Star Baguio newspaper on April 23, 2013.
++++++++++++++++++++++++++++++++++++++++++++++++++++
A.M. No. 08-8-7-SC November 21, 2000
RE: THE RULE OF PROCEDURE FOR SMALL CLAIMS CASES
Section 4. Applicability - The Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts shall apply this Rule in all actions which are; (a) purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money, and (b) the civil aspect of criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule of 111 of the Revised Rules of Criminal Procedure.
These claims or demands may be;
(c) The enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by this Rule pursuant to Sec. 417 of Republic Act 7160, otherwise known as the Local Government Code of 1991.
