Remedies when there is failure to comply with ‘barangay’ settlement

Iwanttoseekadviceformy disputes, save those exceptions settlement appropriately reached before the barangay has a binding effect and it may thereafter be

settlement and arbitration award shall have the force and effect of the expiration of ten ( 10) days from the date thereof, unless repudiation of the settlement has been made or a petition to nullify xxx settlement and arbitration award may be enforced by execution by the lupon within six (6) months lapse of such time, the settlement may be enforced by action in the

Accordingly, your aunt’s coworker has the option of enforcing the subject settlement they reached before the barangay, but only within six (6) months from reaching such settlement or enforce it by

We wish to further emphasize that the remedies mentioned under Section 417 of the same code do not rule out the possible availment of another remedy mentioned under our civil laws, which is to regard the amicable settlement as rescinded and insist upon his original demand by court

“If one of the parties fails or refuses to abide by the compromise, the other party may either enforce the compromise or regard it as rescinded and insist upon his

Our Supreme Court explained in the case of

“Thus, under Section 417 of the Local Government Code, such amicable settlement or arbitration award may be enforced by execution by the BarangayLupon within six (6) months from the date of enforce such settlement in the appropriate city or municipal court, xxx It must be emphasized, however, that enforcement by execution of the amicable settlement, either un is only applicable if the contracting parties have not repudiated such settlement within ten (10) days from the date thereof in accordance with Section 416 of the amicable settlement is repudiated by one party, either expressly or [implicitly], the other party has two options, namely, to enforce the compromise in accordance with the Local Government Code or Rules of Court as the case may be, or to consider it rescinded and This is in accord with Article 2041 the broad application of Article

If one of the parties fails or refuses to abide by the compromise, the other party may either enforce the compromise or regard it as rescinded and insist upon his xxx In the case at bar, the Revised Katarungang Pambarangay Law provides for a two-tiered mode of enforcement of an amicable - tion by the PunongBarangay that nature on mere motion of the action in regular form, which rem of enforcement does not rule out - ability of the right of rescission is apparent from the wording of be enforced by execution by the lupon within six (6) months from its date or by action in the appropriate city or municipal court, procedure provided in the Revised Katarungang Pambarangay Law directory or merely optional in

We hope that we were able to reminded that this advice is based solely on the facts you have narrated Our opinion may vary when other