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to_dave007

Experience with Barangay Hearings to Settle Local Disputes

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Bama

Sorry, but one other thing that I thought of.

If the barangay meeting isn't of a real personal nature (like Daves is) then I would recommend that the foreigner simply stay out of sight if possible. We recently had a hearing in another city where we aren't known too well.I tagged along if for no other reason than to provide moral support. I came in the building a little late and sat down and saw the whole tone of the meeting immediately change. After some back and forth which I'm following along the official addresses my wife and says-----now Mrs. Smith (alias) its obvious to me that your life has been truly blessed (you married a foreigner) so I'm inclined to rule for the other party blah,blah,blah.

Confirming with the wife of what I just heard-----I then objected to the official and her tentative ruling. She obviously didn't see this coming ------her jaw dropped-----she then got hung up about what to do next. The case was open and shut---there was never anything to discuss----it had been ruled in our favor twice before at the local level---the defendants simply didn't like the two previous ruling so it was moved up the ladder.

The official then called her boss in who had been listening on the other side of a partition the whole time. He reviewed all the documents and ruled in our favor.The defendants didn't accept this verdict either so we wait for the next rung on the judicial ladder.

Please know this---when a foreigner puts himself out there like I did (even if you are right) that there can be significant risks involved. The boss that made the final ruling questioned the defendant on this same subject when he asked them  "Is this really worth dying over?" The implied threat here is that a stranger from Samar and 5K can tidy this whole thing up.

Edited by Bama
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to_dave007

Good points Bama....

Wife and I have already discussed that SHE must be the lead on this..  We hadn't considered me not being involved at all..  But it's a valid point.

As far as the politics are concerned..  that's actually on our side..  as the neighbour is ex bgy councillor who lost in the recent election. He's on opposite side from current bgy captain.

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RR3

As You may know You are not obliged to attend a brg hearing if You dont want to hear all the bs. Next is court if they can afford. Be prepared.  

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Jawny

I’m pretty sure that barangay meetings as we're discussing are mandatory participation. In practice, people may choose to not show.  However, if the complaint elevates to the court, the non participant may regret the failure to attend.  

As well, the council process does not necessarily end up with a resolution.  That is, the barangay Captain is not involved to render a decision.  It is a form of conciliation (if I have the term correct). 

If both parties do not come to an agreement, the next step is to elevate to the courts.  I’m not certain of criminal complaints.  I believe these would go to the local prosecutor for resolution.  For civil cases, the regional trial court was used in our area.  A case is filed and hearings set.  Immediately, the judge will require that parties meet to work out a resolution with a mediator. If that cannot be accomplished, then the judge will render a decision after hearings, evidence gathered etc. 

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RogerDuMond
1 hour ago, RR3 said:

As You may know You are not obliged to attend a brg hearing if You dont want to hear all the bs. Next is court if they can afford. Be prepared.  

Actually the next step after an unsuccessful result at the barangay level would be a lupon.

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Bama
9 hours ago, to_dave007 said:

The boy (4) pulled down his sisters (3) pants and touched her.  Then goes home and says my son (7) did it.  I believe my son.  One son wasn't even there, and the other son says he saw it, but didn't do it.  No adult saw anything

I'm just not sure what can be proven or not proven when the participants are so young and no adults were present to witness anything.One son wasn't there apparently but after that it becomes a juvenile he said/she said.

What's the accusers end game here ----a payoff from Dave to make it all disappear?

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Cebuandrew
10 hours ago, to_dave007 said:

Seems likely we will need to improve the fence, but I think we need more.

Not sure the cost to improve the fence, but CCTV's are not that much on Lazada. The camera never lies.

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to_dave007
1 hour ago, RogerDuMond said:

Actually the next step after an unsuccessful result at the barangay level would be a lupon.

After reading the Presidential Decree that I quoted in OP.. it's my understanding that when the complain is made, the Bgy captain BY HIMSELF "mediates" between the parties to try to resolve the issue.  and if this isn't successful within 2 weeks THEN they move to the Lupon..  which sounds like a 12 person council or jury of peers from within the community.  Since it has to be convened..  it's harder to schedule and likely comes with some cost..  so it's not the first step.  

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to_dave007

After posting this here today.. and reading some of the comments..  my wife and I have decided to defer..  for the time being..  the complaint to bgy captain.   We've decided to immediately improve the fence between the properties by making it a full chain link fence..  and to close off one gate..  and put a gate in a space that's currently open..  All of this to hopefully stop the neighbours kids from coming in.  My kids haven't gone to their place for quite a while now..  so the fence is mainly to stop their kids.  For the time being we won't say anything to the neighbour..  but we'll monitor..  and we'll be prepared to simply ask that their kids not come to our place...  if we need to.

And of course if we hear of further allegations..  we'll deal with that as it happens.

The comments here were helpful.  Thanks all.

1 hour ago, Bama said:

What's the accusers end game here ----a payoff from Dave to make it all disappear?

 And there will be no payoff.

Edited by to_dave007
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