MOTION FOR ISSUANCE
OF BARANGAY WRIT OF EXECUTION
x x x.
17. Sec. 417 (Execution) of the LOCAL GOVERNMENT CODE (R.A. No. 7160) provides:
“The amicable settlement or arbitration award may be enforced by execution by the lupon within six (6) 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.”
18.The following provisions of the IMPLEMENTING RULES AND REGULATIONS of the KATARUNGANG PAMBARANGAY are relevant:
RULE VI.—Amicable Settlement of Disputes
X x x.
SEC. 13. Form of settlement and award.—All settlements, whether by mediation, conciliation or arbitration, shall be in writing, in a language or dialect known to the parties. Settlements by mediation or conciliation shall be signed by the parties and attested by the Punong Barangay or Pangkat Chairman, as the case may be, that such settlement was agreed upon by the parties freely and voluntarily after a full understanding of its terms and an intelligent awareness of the legal consequences thereof.
The arbitration award shall be signed by the Punong Barangay or all the members of the Pangkat, as the case may be.
SEC. 14. Repudiation of settlement.—Any party to the dispute may, within ten (10) days from the date of the settlement, repudiate the same by filing with the Punong Barangay a statement to that effect sworn to before him, where the consent is vitiated by fraud, violence, or intimidation. Such repudiation shall be sufficient basis for the issuance of the certification for filing a complaint in court or any government office for adjudication.
Failure to repudiate the settlement within the aforesaid time limit shall be deemed a waiver of the right to challenge on said grounds.
SEC. 15. Effect of settlement by arbitration or conciliation.—The amicable settlement and arbitration award shall have the force and effect of a final judgment of a court upon the expiration of ten (10) days from date of the settlement or date of receipt of the award, unless repudiation of the settlement has been made or a petition for nullification of the award’ has been filed before the proper local trial court.
X x x.
SEC. 16. Transmittal of settlement and award to court — Immediately upon signing the Punong Barangay or the Pangkat Chairman, as the case may be, shall furnish copies of the settlement or award to the parties and send such settlement or award to the Lupon Secretary who shall transmit the same to the local city or municipal court within five (5) days from date of the award or, in the case of settlement, not earlier than the eleventh nor later than the fifteenth day from date of settlement. The amicable settlement reached in a case referred by the court to the Lupon pursuant to Section 2 of this Rule shall be transmitted to the said court within the same period provided in this Section for the transmittal of settlement the local trial court.
RULE VII.—Execution of Settlement or Award
SECTION 1. Execution of settlement or award.—Execution shall issue only upon the expiration of ten (10) days from date of settlement receipt of award unless repudiation of the settlement has been made or a petition to nullify the award has been filed prior to the expiration oft said period.
SEC. 2. Modes of execution.—The amicable settlement arbitration award may be enforced by execution by the Lupon within (6) months from date of the settlement or date of receipt of the award from the date the obligation stipulated in the settlement or adjudged the arbitration award becomes due and demandable. After the lapse such time, the settlement or award may be enforced by the appropriate local trial court pursuant to the applicable provisions of the Rules Court. X x x.
SEC. 3. Motion for execution—The disputant/s may file a motion with the Punong Barangay, copy furnished to the other disputants, for the execution of a final settlement or award which has not been complied with.
SEC. 4. Hearing—On the day the motion for execution is filed, the Punong Barangay shall set the same for hearing on a date agreed to by the movant, which shall not be later than five (5) days from the date of the filing of the motion. The Punong Barangay shall give immediate notice of hearing to the other party.
During the hearing, the Punong Barangay shall ascertain the fact of non-compliance with the terms of the settlement or award. Upon such determination of non—compliance, the Punong Barangay shall strongly urge the party obliged to voluntarily comply with the settlement or award.
SEC. 5. Issuance, form and contents of the notice of execution.—The Punong Barangay shall within five (5) days from the day of hearing, determine whether or not voluntary compliance can be secured. Upon the lapse of said five-day period, there being no voluntary compliance, he shall issue a notice of execution in the name of the Lupong Taga-pamayapa. The said notice must intelligently refer to the settlement or award and the amount actually due thereunder if it be for money, or the terms thereof which must be complied with.
SEC. 6. Procedure for execution:
If the execution be for the payment of money, the party obliged is allowed a period of five (5) days to make a voluntary payment, failing which, the Punong Barangay shall take possession of sufficient personal property located in the barangay, of the party obliged to satisfy the settlement or award from the proceeds of the sale thereof with legal interest such sale to be conducted in accordance with the procedure herein provided. If sufficient personal property exists, the party obliged is allowed to point out which of them shall be taken possession of ahead of the others. If personal property is not sufficient to satisfy the settlement or award, the deficiency shall be satisfied in accordance with the applicable provisions of the Rules of Court.
If it be for the delivery or restitution of property located in the barangay, the Punong Barangay shall oust therefrom the person against whom the settlement or award is rendered and place the party entitled thereto in possession of such property.
c. If it be for the delivery or restitution of property located in another barangay of the same city or municipality, the Punong Barangay issuing the notice shall authorize the Punong Barangay of the barangay where the property is situated to take possession of the property and to act in accordance with paragraph (b) hereof.
d. If a settlement or award directs a party to execute a conveyance of land, or to deliver deeds or other documents, or to perform any other specific act, and the party fails to comply within the time specified, the Punong Barangay may direct the Lupon Secretary to perform the act at the cost of the disobedient party and the act when so done shall haw like effects as if done by the party.
X x x.
SEC. 11. Entry of satisfaction of settlement or award by barangay secretary or Punong Barangay.—The satisfaction of a settlement or award shall be entered by the Punong Barangay or barangay secretary in his record upon the return by the Punong Barangay of an execution satisfied, or upon the filing of an admission of satisfaction of the settlement or
SEC. 12. Other cases of execution.—In all other case not herein provided for, the applicable provisions of the Rules of Court shall apply.
X x x.
WHEREFORE, premises considered, it is respectfully prayed that after the required notice, a BARANGAY WRIT OF EXECUTION be forthwith issued by the Honorable Barangay to enable the Barangay Secretary, the Sheriff and the concerned local police authorities as may be authorized by the Honorable Barangay to fully enforce and implement the lawful, valid and unrevoked/unrepudioated BARANGAY COMPRIMISE referred to in this Petition, including, but not necessarily limited to, the DEMOLITION AND REMOVAL of the house and other improvements of the respondents in the subject property.
FURTHER, the petitioners respectfully pray for such and other reliefs as may be deemed just and equitable in the premises.
xxx City, xxx 2011.
Xxx
Lead Petitioner
In Her Own Behalf
And In Behalf of Her
Abovenamed Co-Petitioners.
Xxx St., xxx City.
Senior Citizen’s ID No. xxx
Issued in xxx City
On xxx 2009
VERIFICATION
AND
ANTI-FORUM SHOPPING CERTIFICATION
I, xxx, of legal age, widow, Filipino, and with postal address at xxx St., xxx City, under oath, depose: that I am the lead movant in the foregoing motion; that I caused the preparation thereof; that I have read its contents; and that the same are true and correct of my own direct, personal knowledge; further, that my co-petitioners have executed their respective special powers of attorney empowering me to commence this suit and to execute the verification and anti-forum shopping certification hereof.
Further, pursuant to Rule 7 of the 1997 Rules of Civil Procedure and existing Supreme Court circulars, I hereby certify that I have not heretofore commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; that to the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and that if I should hereafter learn that other similar or related actions or proceedings has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this court.
Xxx City, xxx 2011.
Xxx
Lead Petitioner
In Her Own Behalf
And In Behalf of Her
Abovenamed Co-Petitioners.
xxx St., xxx City.
Senior Citizen’s ID No. xxx
Issued in xxx City
On xxx 2009
SUBSCRIBED and sworn to before me in xxx City this ____ day of xxx 2011, affiant showing her competent proof of identity as stated above.
NOTARY PUBLIC
Doc. No. ____
Page No. ____
Book No. ____
Series of 2011
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