Annex 1

RESOLVED CASES

“Kagat ng Aso”

Facts:

The complainant is the mother of a child bitten by a dog owned by the respondent. That the
respondent’s dog bit the child was not disputed by the parties. However, the complaint filed a
case before the Lupon alleging that the respondent refused to shoulder the hospital and
medicine expenses of the child. Both parties were residents of Brgy. UP.

The respondent denied having refused to pay the medical expenses for the child’s treatment and
instead alleged that she offered to buy the anti-rabies vaccine herself, but the complainant
refused. She further alleged that she already bought anti-rabies vaccine used for one of the
shots. The respondent accused the complainant of just wanting cash even if it won’t be used for
the treatment of the child. In her words, “pineperahan lang siya.”

Since the respondent was willing to pay for expenses still to be incurred, with the mediation of
the Lupon, it was agreed by the parties that the respondent will pay P1,500, the amount needed
to cover the remaining shots, in installment periods also agreed upon. It was also agreed that
the payment of the agreed amount will extinguish the entire liability of the respondent and it
would be the responsibility of the mother to ensure that her child is vaccinated.

Observations:

It seemed that both parties were after the same resolution, but due to the hostility between
them weren’t able to come to an agreement. The presence of a third party to facilitate their
discussion and mediate allowed them to come to a compromise they’re both amenable to.

Also, one of the main reasons the respondent felt slighted was that she was forced to go to the
barangay which, for her, ridiculed her as she was willing to pay, not to mention greatly
inconvenienced her. This was an obvious obstacle at first because her anger got in the way of
the negotiations. However, an advantage to it was that her desire to prevent tarnishing her
reputation in the barangay motivated her to settle her liabilities the soonest possible time.

It was noteworthy how the Lupon in charge remained calm and collected throughout the entire
hearing and was able to minimize snide comments and hostile remarks from the parties. She
also ensured that the document containing the agreement of the parties were carefully read to
them and were fully understood by the parties, before she asked them to sign it. She even
offered to furnish copies to the parties.

However, what seemed to be lacking was an explanation of the consequences in case of non-
fulfillment of the agreement. Emphasizing the consequences of breaching the agreement might
deter the respondent on simply reneging on her obligations. On the part of the complainant,
this would help her in knowing what would be the next steps she could take in case the
agreement was not complied with.

Noticeably, it seems to be a common practice at the termination of every proceeding in which an

agreement was reached, for the Lupon to ask the opposing parties to shake hands as a symbol
that the dispute had been resolved.

“Suntukan”

Facts:

Dominador is a resident of Bgy. UP Village. On Sept. 5, 2009, he passed by a mah-jong game on

his way home. While he was passing by, a commotion broke out. He saw a man with a knife and
he tried to pacify the situation. However, in the process, he was hit in the head by a solid object
thrown at him. He was also pushed to the ground and was kicked by 2 assailants. Dominador
accuses respondent Joey and the latter’s uncle, Boyet, as the persons who threw the object and
kicked him. Dominador suffered bruises and other injuries on the head and legs.

The next day, he went to the hospital to have a CT Scan. He claims he incurred PhP 2,500 for CT
Scan expenses, and P950 for medicine.

On Sept. 10, both parties went to the barangay hall for mediation. During the said hearing, the
respondent denied the allegations of the complainant. The complainant was infuriated by the
former’s denial, and he shouted “You liar!!” (“Sinungaling ka!”) and attempted to hit him with his
fist. Lupon Carmelita Nunez tried to pacify the complainant, and suffered a small bruise on the
wrist. Members of the Lupon rushed to help Ms. Nunez, and a member of the BSPO was called. At
the end of the hearing, the respondent agreed to pay the complainant the cost of his medical
expenses. The aunt of the respondent paid PhP 1,000 as part of the agreed amount of PhP 2,950.
The complainant agreed that the respondent shall only pay PhP 1,500 as the remaining balance
for his expenses. Another hearing was set on Sept. 17.

On Sept. 17, the parties underwent mediation again, this time with a member of the BSPO
present. The complainant stated that the respondent was not able to pay the remaining PhP
1,500, which, as the respondent admitted, was due to his unemployment. Lupon Nunez
suggested that the respondent get a job or find other means to settle the amount, since the
payment of the PhP 1,500 is the only issue in this case. The complainant also stated that if
respondent still does not pay, he will file the appropriate action in court. Lupon scheduled
another hearing on Sept. 25, and made the respondent promise to bring at least PhP 500 on the
said date as partial payment for the complainant’s claims.

Complainant also wanted to know the real name of the respondent’s uncle, who he said was
among the persons who dealt the injuries to him. He alleges that the uncle did not give his real
name when he filed the complaint. However, Lupon Nunez said that since only the respondent
Joey and complainant Dom are the parties to the mediation, the Lupon has no jurisdiction over
the uncle “Boyet”. However, respondent promised to bring the birth certificate or any other
proof of real name of his uncle on the next hearing.
Both parties agreed to meet again on Sept 25, and Lupon Nunez said that if the issue of payment
for medical expenses will not be settled on the next hearing, the case will be endorsed to the
pangkat, composed of 3 members of the Lupon.

Observations:

Lupon Nunez was very calm during the mediation process. She even suggested that the
respondent get a job in order to pay the complainant what was agreed upon. She tried to appeal
to the respondent’s conscience, stating that his aunt is the one suffering (since she is the one
paying the complainant) due to his misdeeds. She even tried to prevent the two from having a
fistfight when they met, and suffered a bruise on her right wrist. Due to that incident, Lupon
Nunez, together with other members of the Lupon, suggested that a member of the BSPO be
present during the first confrontations of complainants and respondents, noting the fact that
the first meetings are usually very heated and tense, but the parties tend to calm down
during subsequent hearings.

UNRESOLVED CASES

“Away Classmate”

Facts:

The 18-year-old complainant, Kat, was accompanied by her mother and ninang to complain
against a female former classmate, a resident of Brgy. UP, who physically injured her and
threatened to harm her. Kat is a resident of San, Mateo Rizal and they paid the PhP 100 fee to
the barangay.

The Lupon member handling the case, Lupon Lacsamana, interviewed Kat, the mother and
ninang regarding the case. The former classmate accused Kat of flirting with the former’s
boyfriend. The former classmate, who is cohabiting with her boyfriend and is pregnant, stopped
going to school.

When asked by the Lupon how they wanted the case resolved, the complainant simply said that
they wanted an apology and a promise not to harm or threaten her anymore. They also wanted
the former classmate to pay damages if she harms Kat.

The barangay served summons for the KP proceedings at the house of the classmate’s mother
but the mother said that she didn’t have anything to do with her daughter anymore and most
probably didn’t inform her daughter about the summons. In effect, the former classmate did not
show up for the proceedings, which prompted the Lupon to re-set the proceedings to the
following week. The Lupon explained to the complainant that after three instances of default of
the respondent, the complainant can proceed to filing a case before the fiscal’s office.
Observations:

The Lupon was able to thoroughly explain the process to the complainant.

However, it seems easy for a respondent to simply ignore the summons, unless there is a way
for the barangay to proactively participate in increasing likelihood of compliance or attendance
on the part of the respondent.

The dissatisfaction of the complainant was very obvious, because of the great inconvenience
caused by having to go to Barangay UP all the way from San Mateo, Rizal. The complainants
were not affluent and thus, it would be costly for them to keep going back to Barangay UP from
Rizal. Being a student, the complainant was also hassled by this, because she has classes but
would have to make time for going to the proceedings in the hope that the respondent would
finally turn up.

“Bike for Ransom”

Facts:

UP employee Mr. Liwag, along with his wife, filed a complaint against their neighbor who
allegedly stole their bicycle and held it “for ransom.”

Upon paying a ransom of P1000, they got the bike back, but the original parts were missing and
replaced with inferior parts. The neighbor still harasses them from time to time, asks for money
in addition to the “ransom” and threatens them if they refuse to give him any.

Although the proceeding was already re-scheduled before, the respondent still failed to appear
in the re-scheduled hearing.

The spouses were greatly inconvenienced by the non-appearance of the respondent. It also
seemed as if the respondent was belittling the system by simply ignoring the proceedings.
Annex 2
Annex 3
 The Team

Ruby Amor Barraca is a Technical Supervisor at Convergys Corporation and has a BS degree in
Tourism Management from UP Diliman.

Rene Delorino is a supervising legislative staff officer in the Committee on Oversight at the
House of Representatives. He has a bachelor degree in Secondary Education major in Health
Education and minor in Special Education.

Paulyn May Duman is a legal staff in AKBAYAN Party List and holds a Psychology degree from
UP Diliman.

Michael Dumlao is a specialist in Development Evaluation for the National Economic

Development Authority (NEDA) and holds a masters degree in Development Studies from ISS
The Hague and a bachelor degree in Political Science from UP Diliman.

Carla Regina Grepo is a Senior Associate of Devex and a leader of the Small Business
Membership group. She holds a degree in Journalism from UP Diliman.

Michael Ocampo is a researcher in Action for Economic Reforms (AER), a public interest
organization that focuses on taxation and expenditure policies. He has a degree in Political
Science from UP Manila.

Cherry Lou Reyes is a legal staff at the Office of Senator Miriam Defensor Santiago and holds a
degree in Agribusiness Management from UP Los Baños.

Ma. Carmela Salazar is a project staff at the Ateneo School of Government under the
Regulatory Simplification Project and has a degree in Environmental Science from Ateneo de
Manila University.