Law on Katarungan Pamabaranggay

- Is a procedure for purposes of amicable settlement

- First step in concerns or sentiments
- Is a mediation in settling matters based on the proposal of the parties
- The purpose of the barangays is to declog the courts and to exhaust administrative reliefs –
because the court is not the first resort in settling problems, it is the final resort.
- Requirement is merely procedural technicality
- XPN: If the other party consents and if the barangay tolerated or allowed it then it can be heard
in the barangay where the complainant resides

REMEMBER: Pre-litigation conciliation before the lupon is mandatory for all disputes falling within its
jurisdiction. Otherwise, the court will dismiss your case.

Subpoena – invitation to the parties to attend to the hearing, to answer the complaint filed against him

Barangay does not give a proposal, both parties should be heard or settle without the proposal of
the barangay, because those with proposal are arbitrations
GENERAL RULE FOR MEDIATION: Must be settled by the parties
Mediation – parties must be asked with their proposal and counter-proposal
- There must also be a bargain
→ Example: If parties involved goes directly to the court?
The complaint will be dismissed because according to katarungan pambarangay, a case
filed in court without compliance with prior barangay conciliation, which is a precondition
for formal adjudication will be dismissed upon the motion of the defendant. There is a
failure to state a cause of action.
If the barangay has jurisdiction, you will undergo barangay mediation proceedings

Pursuant to Section 409 of Katarungan Pamabranggay

- Must be filed in the barangay where the respondent resides (both parties should be residing in
the same local government)
- For real property: shall be brought where the subject property or the larger portion thereof is
located; regardless where the parties involved resides
→ Example: AAA from Concepcion Grande while BBB is from Del Rosario. AAA has a complaint relating
to a money claim worth 100,000 pesos. AAA then filed the complaint in his barangay. Does
Concepcion Grande have jurisdiction to call on BBB from Del Rosario?
No, because jurisdiction is territorial since Concepcion Grande can only hear complaints
from their barangay.
→ If they send a subpoena, you should object because CG has no jurisdiction

When you have questions on legal matters – you go to the Office of the Secretary of Justice through
the Office of the Prosecutor; Options: (1) City Prosecutor (2) Provincial Legal Officer (3) Public
Attorney’s Office -- Because they are licensed to practice law
If the barangay captain cannot resolve the complaint, it will be transferred to the Lupon
Once you file a complaint in the lupon, an Amicable Settlement will be issued if it will be resolved.
However, if the parties failed to solve the case, the Barangay will issue a Certificate to file an action