CHAPTER Ill SDINGS OR REMEDIES PROCEED Gg OF COMPLAINT OR BEFORE FILIN INFORMATION BEFORE THE COURT I BARANGAY LAW (R.A. 7160) A. Referral to the Lupon: 1, Primary Objective of Barangay Law: 1) Q: What is the primary purpose of the Katarungang Pambarangay Law? A: The Katarungang Pambarangay Law, as provided under the Local Government Code (R.A. 7160), establishes a system of amicably settling the disputes at the barangay level. The procedures on Katarungang Pambarangay or bar The | iy or barangay concliason are duly embodied under the pertinent provisions . 7160, the Local Government Code of i pie ae) le of 1991, more particularly 2 @ iss bth Primordial objective of the Katarungang a _ ee objective of the Katarungang Pambarangay taut se ani ofc ate re the qui Justice whi yught senna ope sen 170 ‘Proceedings or Remedies -medies ‘Information The primordial obj jective umber of court Hig eof PD. 1508 is to reduce the quality of justice which has been breaches filing of cases in the courts, of Complaint the Court been brought . To ensure th as a precondition to filing a com, i plaint in court subject to certain exceptions which are inapplicable to this ease. The said section has been declared compulsory in nature. (Librada M. Agiono vs. Emest S. Laure, G.R. No, 153567, February 18, 2008) General Rule on Referral of the Case to the Lupon (Bar Examination 2016): Section 412(a) of R.A. 7160, otherwise known as the Local Government Code of 1991, provides for the law on the referral of the case to the barangay, It states that: “Section 412. (a) No complaint, petition, action, or proceedings involving any matter within the authority of the Lupon shall be filed or instituted directly or indirectly in court or in any other government office for adjudication, unless there has been a confrontation between the parties before the Lupon chairman or the pangkat, ‘that no conciliation or settlement has been yeached as certified by the Lupon Secretary as “attested to by the Lupon or pangkat chairman or Unless the settlement has been repudiated by the parties thereto.” COMMENTS 1) Q: What is the rule regarding referral of the case before the barangay Lupon? A: As a general rule, no proceedings involving any ™ Lupon shall be filed oF instituted e or in any other government ofe has been a ‘confrontation yet complaint, petition, action, or ‘atter within the authority of the ‘directly or indirectly in court for adjudication, unless there the parties before the Lupon72 “cRIMINAL PROCEOUN, 17 couprenENSIVE APPROACH ROR THE BENCH AND TH spat no conciliation oF set i "Lupon Secretary as a cant the pangkat, ans Pr unless the settlemert id chairman @ched, as certified BY 1 2 to by the Lupon or pangkat © has been repudiated by @ tha mandate ot! the, Racers fhe parties thereto, 2) Qt What is Pambarangay Law? : to is a ‘A: A prior recourse there! ‘complaint in court or any governs [aero] All disputes are subject pre-condition before filing rent office. to Barangay conctiato: pursuant to the Revised Katarungang Pambarangay Law (formerly P.D, 1 oe repealed and now replaced by Secs. 399-422, Chapter Vil, Title 1, Book Ill, and Sec. 515, Title I, Book IV, R.A. 7160, Otherwise known as the Local Government Code of 1991), and prior recourse thereto is a pre-condition before filing a complaint in court or any government offices. 3) Q: What is the duty of the court in connection with the compliance with referral to the Iupon? A: All complaints and/or informations filed or raffied to the sala/branch of the Regional Trial Court, Metropolitan Trial Court, or Municipal Trial Court shall be carefully read and scruinied to determine there has been a compliance with prior rangay conciliation procedure under the Revised Katarung Pambarangay Law and its Implementing Rules and Regulations, a8 a pre-condition to judicial action, particularly whether the ication to fle action attached to the records of the case complies with the requirements hereinabove enumerated. 4 @ 4) @ te ay eet ta new complaint be filed before a it when the original party has already died? er A: Yes, a new complaint sho against the heirs of the dece as parties in the Lupon, 1uld be filed before the barangay sed since they were not impleaded eneties’ OF Intormaton tok the sid eapondent here wee nl pte ans ape and, such, were not bound by it. (Sec 412 ofthe Loca mment oni vi Sa atbaphetona Sacre If the complainant/plaintiff fai nit fas to comply withthe requremen of the Loca Government Code neh compan fea withthe court may be dined lot ase ex taminstative Toned. fata Beta a deceive Pee and the Heirs of Carlos Palanca, G.R. No. 160032, November 11, 2005) 5) Q: Will the lack of conciliation process affect the jurisdiction of the court over the subject matter and over the person of the defendant once acquired? ‘A: No, conciliation process is not a jurisdictional requirement, so that non-compliance therewith cannot affect the jurisdiction which the court has otherwise acquired over the subject matter or over the person of the defendant. It is true that the precise technical effect of failure to comply with the requirement of Sec. 412 of the Local Government Code ‘on barangay conciliation (previously contained in Sec. 5 of PD. 1508) is much the same effect produced by non-exhaustion of administrative remedies — ‘the complaint ae eee ‘th the vice of pre-maturity; and the controversy there allege ps ge for jadiclal determination. The complaint Geen Hae ane go a motion to dismiss. Nevertheless, the conciliation Process. is not a jurisdictional requirement, 9 © ee Compliance therewith cannot affect their jurisdition which the See ena gebepise aqeaied er te mike a Oe person of the defendant. (Librada M. Aquino vs. . GR No. 153567, February 18, 2008)ste ee JURE ROCEDUREE CH AND THE BAR ‘A COMPREHENSIVE APPROACH ‘court motu proprie refer the case the o, Stas ‘A: Yes, the court in which non-erinina fe are Sled ne withis he authori , of the upon un ier this codes mat Ss a intarb e = SS [eee] “Section 408. Subject Exception Thereto. — xxxx ‘The court in which non-criminal cases not tailing within the authority of the upon under “hie sane w filed may, at any time before trial, mati Storie mater the onse to the tupen concerned Ser ‘amicable settlement.” 7) Q: 1 actual confrontation with the for amicable settlement a substantial com) law on barangay conciliation? ‘A: Yes, the confrontation before the Lupon Chairman or the ‘pangkat is sufficient compliance with the precondition for the filing of the case in court. [exetew:] Here, the Lupon/Pangkat Chairman and ' ‘Pangkat Secretary signed the Certificate to File Act Bes chee pees tion stating that no ement was reached by the partes. While admittedly n0 Pangkat was consiitd, it was not denied thatthe parties met a the ofce of the Barangay Chairman for possible settlement. Th ofthe Barangay Chairman, however, proved futile a8 maporemeat waa though no pangkat was formed, in our mind, there was substantial compliance with the !a¥ contra ae a athe afore-quoted provision, seinen comilore the Lupon Chairman or the pangkat is tase in court Theis ae tne recondition for the filing of the truth notwithstanding the mandale Matter for Amicable Settlement, Lupon Chairman pliance with the fhe Local Government Code ane cnairman ofthe L ment Code. (Milagros Lupon under Ronquillo, G.R. No, 155713, ae os aan ‘alfredo A. 1) Q: What are the excey i Ot wae ptions to the rule on referral of A: Sec. 408 of R.A. 7160 : A. 7160 enumerates the exceptions to th application of the rule on the refer = aia appl the referral to the barangay. It states (a) Where one party is the government, oF am : or instrumentality thereof, ae paleseretory (0) Where one party is a public ofeer or employes and the dispute relate to the performance of his official functions; {c) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five ‘Thousand pesos (P5,000.00); {d) Offenses where there is no private offended party; pute involves real properties located cipalities unless the parties thereto (ce) Where the dis ‘able settlement by an in different cities or muni agree to submit their differences to amic appropriate [upon () Disputes involving parties parangays of different cities or municipalities: except where ear gevangay units adjoin each other and the Pore thereto agree to submit their differences to ‘amicable settlement by an appropriate lupon; (g)_ Such other classes of determine in the interest of ustice or upon ‘the of the Secretary of Justice. Jn the President may .¢ recommendationinn ma countensne fe apPevading the requirements of the Loe ley ton eva janetion, This COUrt Cannot gue, mn pen Pea ae ame or ah 234499, June 6, 2018) 178 | coMPREHENSIVE ‘a) Instances Where ‘the Party May Directly Go to the Court: other instances where the party may 1) Q:_ What are the fh the court pursuant to Adm. ci.” file the case directly with No. 14-937 ‘Ar. The other cases where a party may resort to the filing of the case directly with the court without referring the same With the barangay for conciliation are spelled out under Adm. Circular No. 14-93, which are as follows, to wit: a. Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one (1) year or a fine over five thousand pesos (P5,000.00); b. Offenses where there is no private offended party; c. Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued, specifically the following: c.l. Criminal cases where accused is under police custody or detention (See Sec. 41 Pambarangay Law); |, Revised Katarungang ©.2. Petitions for habeas cor i titior pus by a person illegally deprived oth tful custody over another or a person illegall¥ leprived of his liberty or one acting in his behalf: 4. a cons coupled with provisional remedies such oe munary injunction, attachment, delivery of personal proper port during the pendency of the action; and €. Actions whict Limitations h may be barred by the Statute B) Other Exceptio Case to the Lupom tht Referral of the 1) Q What are the other barangay is not required? ‘A: The other instances where required are as follows, to wit 1) Labor cases; instances where referral to the referral to the barangay is not 2) _ Disputes involving violation of Reform Act. ing violation of Comprehensive Agrai 4, Venue of Barangay Proceedings: 1) Q What are the rules on venue of barangay conciliation proceedings? A: Sec. 409 of R. the filing of the comp! “Section 409. Disputes be persons actually residing in th shall be brought for amicable settlement before the Lupon of said barangay. ‘Those involving actual residents of different barangays within the same city or municipality shall be brought in the barangay where the respondent or any of the respondents actually resides, at the election of the complainant. all disputes which involve real shall be brought property or any '160 provides for the rules on venue in t before the barangay. It states that However, property or any interest therein in the barangay where the real part thereof is situated. Also, ‘arising at the workplace where icy ‘ployed or at the institution ding are emy whee euch vert re enrolled for study, shall be brought in the b y where such workplace oF institution is located.”scounwanensne SHES THEN 0 7 a COMMENTS: 2) Q: Where will the venue of barangay conciliation Proceedings be? A: The venue as prescribed bY as follows, to wit: 1) Disputes between or among persons actually residing in the came barangay shall be brought for amicable settlement before the Lupon of said barangay: 2) Those involving actual residents of different barangays within the same city or municipality shall be brought in the barangay where the respondent or any of the respondents actually resides, at the election of the complainant. 3) _Alldisputes which involve real property or any interest therein shall be brought in the barangay where the real property or any part thereof is situated. 4) Those arising at the workplace where the contending parties are employed or at the institution where such parties are Enrolled for study, shall be brought in the barangay where such ‘workplace or institution is located. 180 the above provision of law shay 3) Q: Is referral required in case the contending parties are working in the same workplace? A: Yes, as mandated by the above provision of law that “Those arising at the workplace where the contending parties are ‘employed or at the institution where such parties are enrolled for study, shall be brought in the barangay where such workplace or institution is located.” [enue] This is a complaint filed by petitioner Agbayani against respondent Genabe for slander. The Department of Justice found that the complaint fails to state a cause of action on the ground of non-compliance with the provisions of the Local Government Code of 1991, on the Katarungang Pambarangay concili procedure. This finding was affirmed by the Court of Appeals and the Supreme Court. Undeniably, both petitioner Agbaya”™! and respondent Genabe are residents of Las Pinas City and both work at the RTC, and the incident which is the subject matte 16 of the case happened in their workplace see ice mt ta rem fo Secs. 408 and 409, R.A. 7160 or the Local Governor ant of 1991. The compulsory process of barangay conciation a oe oy Po ery agen Fomplaint (a) did not state that it is one ofthe excepted eecca: or {0) it did not allege prior availment of said conciliation process, br (¢) did not have a certification that no coneilation had been reached by the parties, the case should be dismissed. Here, petitioner Agbayani failed to show that the instant case is not bne of the cases that is covered by the application of the rule on mandatory barangay conciliation, (etiiaB.Agabayani vs. Court ofAppeals, Department of Justice and Loida LR ho. 183629, June 25, 2012) cone a 4) Q: What is the requirement in order for the lupon to acquire jurisdiction? ‘A: Actual residency is necessary in order for the lupon to acquire jurisdiction, In fine, since the plaintiff-herein petitioner, the real party- in-interest, is not an actual resident of the barangay where the defendant-herein respondent resides, the local iupon has no jurisdiction over their dispute, hence, prior referral to it for conciliation is not a pre-condition to its filing in court. (Dante M. Pascual represented by Reymel R. Sagario vs. Marilou M. Pascual, GR. No. 157830, November 17, 2005) 5) Q: Is referral to the lupon for conciliation applicable to a non-resident party? (Bar Examination 2018) At No, Barangay conciliation is not applicable in case the respondent is a non-resident of the barangay. oa In this case, it is undisputed that petitioner itm respondent's lodgers three months before the expi ration iat lease contract on 7 July 1996. Petitioner maintains feCRIMINAL PROCEDURE, at pasuensivE PROACH FOR THE BENCH AND THE Ba com tract the right to terminate the con jared the Fepondentslegealy vate Subleasing the rented premises. Petite bythe provision in te Ieseee ca "use the pre a3 ling Pure the premise early provides that ett crmore the lease ot Hor of eF residential house jeased to respondent the grow arenes Snmencing from 7 July 1995, Thus” ndent’s lodgers resulted iy titioner started ejecting TesPo twa Petition ta income from her lodgers. Henee, it was pr 1d the appellate court to order petitioner ‘damages in the amount of P45,099, mndent actual to pay respondent oe Aurora B. Go, GR. No. 163280, February (Doris U. Sunbanun vs. Auro 2, 2010) 1) Q: What is the procedure to be followed for the amicable settlement of the case? A: Under Sec. 410 of the Local Government Code, referral of dispute to the Barangay Lupon is required where the parties thereto are individuals. It states that: “Section 410. Procedure for Amicable any individual who has a cause of action against another individual involving any matter within the authority of the Iupon may complain, orally or in writing, to the upon chairman of the barangay. {b) Mediation by tupon chairman — Upon receipt of the complaint, the Iupon chairman shall, within the next working day, summon the respondent(s), with notice to the complainant(s) for them and their witnesses to appear before him for a mediation of their conflicting int fhe oa aa his mediation effort within fifteen (15) days fom the first meeting of the parties before him, thwith set a date for the constitution of the pangk: of this Chapt ()_ Suspension of prescriptiv While the dispute is under mediation, tion, the pres ° cause of action tall be interrupted upon with the punong baran Periods shall resume upon tecript by ant of the complaint or the certificate fetion inated by the lupen or panotes recta Provided, however, That such interruption shall not exceed sixty (60) days from the filing of the complaint with the punong barangay. (4) Issuance of summons; Hearing; Grou: for disqualification — The pangkat shall convene not later than three (3) days from its constitution, on the day and hour set by the lupon chairman, to hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable settlement. For this purpose, the pangkat may issue summons for the personal appearance of parties and witnesses before it. In the event that a party moves to disqualify any member of the pangkat by reason of relationship, bias, interest, or any other similar grounds discovered after the constitution of the pangkat, the matter shall be resolved by the affirmative vote of the majority of the pangkat whose decision shall be final. Should disqualification be decided upon, the resulting vacancy shall be filled as herein provided Period to arrive at a settlement — The pangkat shall arrive at a settlement or resolution ‘in fifteen (15) days from the ‘accordance with this Section. a ‘This period :t the discretion of the pangkat, be. extend another period which shall not exceed fifteen (15) days, except in clearly meritorious cases.”PRO ue BE CRIMI A FOR THE BENCH AND THE BAR 'A COMPREHENSIVE APPROACH FO! COMMENTS: 4on before the barangays 184 2) Q: Who may initiate an act « above provision of 180%, UPON Paymeny ov individual who has a cate again: involving any matter . tion ‘another individual invol matter with! action against ine hupon may complain, orally oF in writing, ¢, the iupon chairman of the barangay 3) Q: Whatare duties of the lupon chairman upon receipy of the complaint? : As expressly provided by the above provision of law, upo, A: As cxpresely Pint the lupon chairman shall, within the next working day: 2) Summon the respondent(s), with notice to the complainant(s) for them and their witnesses to appear before him for a mediation of their conflicting interests; b) If he fails in his mediation effort within 15 days from the first meeting of the parties before him, he shall forthwith set a date for the constitution of the pangkat in accordance with the provisions of this Chapter. ‘A: As prescribed of the appropriate 4) Q: What is the effect of the pendency of the mediation, conciliation, or arbitration? A: While the dispute is under mediation, conciliation, or arbitration, the prescriptive periods for offenses and cause of action under existing laws shall be interrupted upon filing of the complaint with the punong barangay. 5) @Q: When does the prescriptive period resume? A: The prescriptive period shall resume upon receipt by the complainant of the complaint or the certificate of repudiation oF of the certification to file action issued by the Iupon or pangkat secretary: Provided, however, That such interruption shall not cen fo days from the filing of the complaint with the punong 6) Q: What are the duties of the pangkat? A: As expressly provided a he pangkat shalll have the folloy ae ae provision of law, rg En Te Br Metco Convene not later ths et tts thee dae on, on the day and hour set bythe pene om Hear both parties and their witnesses; ; 7 anyone cn 4) Explore all possibilities for amicable settlement. 165 7) Q What are the powers of the pangkat? ‘A: The pangkat may exercise the following powers: a) _ Issue summons for the personal appearances i and witnesses before it; and ee b) In the event that a party moves to disqualif member of the pangkat by reason of relationship, bias nterest, or any other similar grounds discovered after the constitu the pangkat, the matter shall be resolved by the affirmati of the majority of the pangkat whose decision shall be final. 8) Q: What is the rule in case of disqualification of the member of the pangkat? A: As mandated by the above-cited provision of law, should disqualification be decided upon, the resulting vacancy shall be filled as provided for in by the law. 9) Q: What is the timeframe within which the pangkat should arrive at a settlement? A: The pangkat shall arrive at a settlement or resolution of the dispute within 15 days from the day it convenes in accordance with this Section. This period shall, at the discretion of the pangkat, be extendible for another period which shall not exceed 15 days, except in clearly meritorious cases. 10) Q: What are the requirements for the issuance ofa certificate to file action? A: Us the provisions of RA. 7160 on Katarungang Paabaney * neitiation, as implemented by the Katarungang Pambarangay Rules and Regulations _ promulgated by the Secretary of Justice, the certification: for filinga complaint in court ffice shall be issued by Barangay authorities ith the following requirements: only upon compliance witcpt ROE yt AND THE a ae [A COMPREHENSIVE, APPROAC 1, Issuedby the LuponSectela andattested by the Lupon, Ge veifying that @ confrontati Chairman (Punong Barangat) ae ion of Chairman (Parerg ocean hat x coment ctlemeny thas been reached, but the same has n_subsequenty, ae diated. (Sec. 412, Revised Katarunde a Pambarangay law, Tepito, Ratarungang Pambarangay Rules) ae aesaed by the Pangkat secretary and attested by the Pangkat Chairman, certifying @ es took place bi ‘a) A confrontation of the parties i ees concitation settlement has been reached; (Sec. 4, Rule i, Katarungang Pambarangay Rules) oF 'b) That no personal confrontation took place before the PPgkat through no fault of te complainant. (Sec. 4 ‘pale I Katarungang Pambarangay Rules) 3, Issued by the Punong Barangay, as requested by the proper party on the ground of failure of settlement where the dispute involves members of the same indigenous cultural community, which shall be settled in accordance with the Customs and traditions of that particular cultural community, Gr where one or more of the parties to the aforesaid dispute belong to the minority and the parties mutually agreed to submit their dispute to the indigenous system of amicable settlement, and there has been no settlement as certified by the datu or tribal leader or elder to the Punong Barangay of the place of settlement. (Secs. 1, 4, & 5, Rule IX, Katarungang Pambarangay Rules) 6. Appearance of the Parties in Person: 1) Q: What is the procedure to be followed in case of appearance in barangay proceedings? an ee personally appear without the assistance of @ resentative, except for miné incompetentS who shall be assisted by next-of-kin. iors and incompe! Tee ccnarrer m Proceedings or Remedies before Fling of Com ‘oF Information before the Court aN 187 Substantive Basis: ear ol oe oe a jt states: rw “Section 415. Appearance of Parties ir ee ae _ are the parties must appear in person without the meatier chee arene funn men et sien od icompwtens he oe COMMENTS 2) Q: What is the procedure to be followed on the appearance during barangay proceedings? ‘A: In all Katarungang Pambarangay proceedings, the parties just appear in person without the assistance of counsel or representative, except for minors and incompetents who may be ‘assisted by their next-of-kin who are not lawyers. 7. Effect of Amicable Settlement and Arbitration Award: 1) Q What is the effect of amicable settlement and arbitration award? ‘At The amicable settlement and arbitration award shall have tke force and effect of a final judgment of a court upon the expiration of 10 days from the date thereof. Substantive Basis: Sec, 416 of the Local Government Code (R.A. 7160) ‘ot of amicable settlement and provides for the procedure effe arbitration award. plement agection 416. Effect of Amicable Sete and 2eetmration Award,—The amicable setlemend and Arbitration award shall have the force andsuinAL PROCEDURE, ‘CRIMINAL PROCT ip BENCH AND THE Rag jeysive APPROACH ACOMPREH atte vaagment of # coUrt UPON the sfc Pet a te oe nee cxpiraciepudiation of the Mectlement has bees niese rePudieicy co nullify the evant Bas been made oF 8 Fag proper city oF municipal court, ont vision shall not apply to Hot vr, this Pro" rision 8! a oweret th Moy the tupon under the Text poo by oe of this Code, in which case ent agreed uy raph of Seromise_ settlement al cave, Soe before the upon chairman of the by the Pnairman shall be submitted to the court pangkat chalemay thereof, ave the force and and ope jadgment of eald court COMMENTS: 2) Q:_ What is the nature of the amicable settlement ang arbitration award? ‘Az The amicable settlement and arbitration award shall have fe sence and effect of a final judgment of a court upon the Expiration of 10 days from the date thereof, unless repudiation Srine sertiement has been made or a petition to nullify the award fas been filed before the proper city or municipal court. [enue] Cognizant of the beneficial effects of amicable settlements, the Katarungang Pambarangay Law (P.D. 1508) and later the Local Government Code provide for a mechanism for conciliation where party-litigants can enter into an agreement in the barangay level to reduce the deterioration of the quality of justice due to indiscriminate filing of court cases. Thus, under Section 416 of the said Code, an amicable settlement shall have the force and cffect of a final judgment of the court upon the expiration of 10 days from the date thereof, unless repudiation of the settlement has been made or a petition to nullify the award has been fled before the proper court. (Proceso Quiros, etal. us. Marcelo Arjon® etal, GR. No. 158901, March 9, 2004)" ie ‘or Information betore the our 3) Qi Whatare the ee rounds for repudiation of an amicable Jk: The grounds for repudiation of amic tinen consent is vtated by fore, vslence, of intimidation, (eee) Under Section 416 of the LGC, the amiea executed by the partic belore the Lupon an the ebitraion Guard has the force and effect ofa final judgment of a court upon {he expiration of ten (10) days from the dete thevet, ui settlement is repudiated within the period therefor, for the issuance of a certification to file a complaint. (Ma. Teresa Vidal, etal. vs. Ma. Teresa O. Escueta, G.R. No, 156228, December wees 228, December 4) Q:_ Whatis the nature of amicable settlement executed before the Lupon? A: The amicable settlement executed by the parties before the Tupon on the arbitration award has the force and effect of a final judgment ofa court upon the expiration of 10 days from the date thereof ‘We agree with the contention of the petitioners that under Sec, 416 of the LGC, the amicable settlement executed by the parties before the Lupon on the arbitration award has the force tnd effect of a final judgment of a court upon the expiration of ten (10) days from the date thereof, unless the settlement is repudiated within the period therefore, where the consent is vitiated by force, violence or intimidation, or a petition to nullify the award is filed before the proper city or municipal court. The repudiation of the settlement shall be suificient basis for the issuance ofa certification to ile a complaint. (Ma, Test Via Lulu Marquez, and Carlos Sobremonte vs. Ma. Teresa 0. Soe rab Marae, rrerman 0. Escuela, GR. No, 156228, December 10, 2003) ee-BDURE, (CRIMINAL PROCET e BENCH AND THE BAR e 190 compRenENSIVE APPROACH FO! barangay compro; effect of : What is the nt Sesame not judicially aPPrOveT os fement has the force ot oF fing se hoiable tera even i nt july SPPOvE judgment/ res judi [eeu] amicable settlement reached at the Ie is true that Proceedings, like the Kasunduang Pag m Preiing between the contracting parties fon, is immediately executory insofar ag it aayos in this cas Se pn stom, public setsod morals, good customs, public order int nia ed hte broad Precept oa see Parte ote, e the effect ‘compromise has upon the parties # ea authority of res judicata; but there shall be no execution except in compliance with a judicial compromise. -product of mutual concessions and good faith oF he as amicable settlement has the force and effect ot res judicata even if not judicially approved, It transcends being mere contract binding only upon the parties thereto, and is akin to a judgment that is subject to execution in accordance with the Rules. Thus, under Sec. 417 of the Local Government Code, such amicable settlement or arbitration award may be enforced by execution by the Barangay Lupon within six (6) months from the date of settlement, or by filing an action to enforce such settlement in the appropriate city or municipal court, if beyond the six-month period. Under the first remedy, the proceedings are covered by the Local Government Code and Katarungang Pambarangay Implementing Rules and Regulations. The Punong Barangay is called upon during the hearing to determine solely the fact of sop compliance of the terms of the settlement and to give the « faulting Party another chance at voluntarily complying with bie obligation under the settlement. Under the second remedy, e Proceedings are governed by the Rules of Co (Crisanta Alcaraz. January 25,2012) aaa cuaPrer mi i die before lng of Complaint don before the our ‘a: Yes, the allegation in the complaint, as well as the certification to file action by the barangay chairman, is sufficient ‘compliance with Art. 151 of the Family Code. (easter ] ‘The petitioners were able to comply with the requirements of Art. 151 of the Family Code because they alleged in their complaint that they had initiated a proceeding against the respondent for unlawful detainer in the Katarungang Pambarangay, in compliance with P.D. 1508; and that, after due proceedings, no amicable settlement was arrived at, the barangay chairman's issuance of a certificate to fi ‘The Court rules that such allegation in the complaint, as well as the certification to file action by the barangay chairman, is sufficient compliance with Art. 151 of the Family Code. It bears that under Sec. 412(a) of R.A. 7160, no complaint any matter within the authority of the Lupon shall be ited or filed directly in court for adjudication unless there en a confrontation between the parties and no settlement was reached. (April Martinez, Fritz Daniel Martinez and Maria Olivia Martinez us. Rodolfo G. Martinez, G.R. No. 162084, June 28, 2005) 8. Execution of Amicable Settlement or Arbitration Award: 1) Q: When will an amicable settlement and arbitration award be enforced? A: The amicable settlement and arbitration award shall be enforced by execution within six (6) months from the date of the Settlement, afterwards itis by way of appropriate action.URE, ia, PROCED ETS eNCH AND THE BAR canna POC: oR ee ‘A COMPREHENSIVE ‘APPROACH FF ‘Substantive Basis: ernment code provides for a1 Govern ement OF arbitration sec, 417 of the Loot Gov rile on the enforcement © states that: tion. — The amicable caseat 47 ation award ‘may be enforced ean by the lupon within ‘six (6) months fom the date of the WPtiement. After the lapse from tieime, the settlement ra ‘be enforced by oe fon in the appropriate cltY OF ‘municipal court.” ¢ Chaves vs. Court of Appeals, a stated in the case o} tera ae eter ged aartfor the application of Art. 2041 under which the other party way incr enforce the compromise, following the procedure laid ‘out in the Revised Katarungang ‘Pambarangay Law, or consider Out in toe ded and insist upon his original demand. To quote: In the case at bar, the Revised Katarungang Pambarangay taw provide for a two-tiered mode of enforcement of an emicanie see event, to wit: (a) by execution by the Punong Barangay Sitch is quasi-judicial and summary on nature on mere motion Sf tne party entitled thereto; and (b) an action in regular form, hich remedy is judicial. However, the mode of enforcement does renin out the right of rescission under Art. 2041 of the Civil Code. The availability ofthe right of rescission is apparent from {fe wording of Sec. 417 itself which provides that the amicable settlement “may” be enforced by execution by the upon within six (6) months from its date or by action in the appropriate cl or municipal cour, if beyond that period. The use of the ‘word ‘may” clearly makes the procedure provided in the Revised Katarungang Pambarangay Law directory or merely optional in nature, (Crisanta Alcaraz Miguel vs. Jery D. Montanez, OR. Ne 191336, January 25, 2012) 2) Q: How is the agreement of exe lapse he een pease ne oe can Ps fe Er cree nova of Sec. 417 of the LGC, an action nt of the settlement should be instituted in *° uncon nar goo + al or city co proper municipal or city court, and the venue for such actions is Pigerned by Rule 4, Sec. 1 of the 1997 Rules of Civil Procedure gs amended, ; [eee] Parenthetically, the Katarungang Pambarangay Implement ries and Regulations, Rue Vil See? proves! SEC. 2. Modes of Execution. —The amicable settlement or arbitration award may be enforced by execution by the ‘Tupon within six (6) months from date of the settlement or date of receipt of the award or from the date the obligation Stipulated in the settlement or adjudged the arbitration ward becomes due and demandable. After the lapse of Such time, the settlement or award may be enforced by the appropriate local trial court pursuant to the applicable Rules of Court. An amicable settlement provisions of the Piached in a case referred by the Court having jurisdiction ‘Sver the case to the Lupon shall be enforced by execution by the said court. ing Sec. 417 of the LGC, an action for Jlement should be instituted in the ranieipal or city court. This is regardless of the nature of fhe complaint before the Lupon, and the relief prayed for there‘ ‘The wenne for such actions is governed by Rule 4, Sec. 1 of the 1997 Rules of Civil Procedure, as amended. An action for the sRiorcement of a settlement is not one of those covered by the Rules on Summary Procedure in civil cases; hence, the rules 07 regular procedure shall apply, as provided for in See. Rule 5 regula Pls of Civil Procedure, as amended. (Ma. Teresa Vidal udu Marques, and Carlos Sobremonte vs. Ma. Teresa 0, BSCuc, represented by Herman 0. Escueta, G.R. No. 156228, ‘December 10, 2003) ‘9, Repudiation of Amicable Settlement: ovides for the rule on bbe repudiated by any of By express provision o} the enforcement of the sett Sec. 48 of the same Code pi repudiation of amicable settlement may the parties. It provides that: ugection 418. Repudiation. — Any party *e the dispute mey, within ten (10) days from the| a ea oa eae eaLeuBERSGEED {pDURE (CRIMINAL PROCITHE BENCH AND THE BAR ei [A COMPREHENSIVE ‘APPROACH FOR’ date of the settlement, repudiate ae ae ty ae pan a statement to Foe the pe rove him, where the consent WeSitiated by fraud, violence °F intimidation. ‘te sufficient basis for the ch repudiation shi Such Pe certiication for ing a complaint as hereinabove provided.” COMMENTS: amicable settlement repudiated 1) Q: How is barangay ‘Az Any panty to the dispute may repudiate the settlement withif’ 10 toys from the date of the ssid settlement by filing witnle ae fupon chairmen a statement to that effect sworn to Tulere him where the consent is vitiated by fraud, violence, or eovied 2) Q: What is the effect of the filing of the repudiation? ‘A: The filing of the repudiation shall be a sufficient basis for the issuance of the certification for filing of a complaint. | ‘Any party to the dispute may repudiate the settlement within ten (10) days from the date of the said settlement by: a) Filing with the lupon chairman a statement to that effect sworn to before him where the consent is vitiated by fraud, ee teat b) Under Sec. 416 of the LGC, the amicable settlement executed by the parties before the Lupon on the arbitration award has the force and effect of a final judgment of a court upon the expiration of ten (10) days from the date thereof, unless the settlement is repudiated within the period therefor, where the consent is vitiated by force, violence or intimidation, or a petition to nullify the award is filed before the proper city or municipal cond ‘The repudiation of the settlement shall be sufficient basis for the issuance of a certification to file a complaint. (Ma. Teres@ Vidal, et al. vs. Ma. 10, 2003) us. Ma. Teresa O. Escueta, G.R. No. 156228, December 198 a) @: What are the remedies in case of failure 3) pide by the compromise agreement? no SO™ Py i if one of the partis fails oF refu ses to abide by the the other party may cther enforce the conpeoatiog a nine ogni [excise] It must be emphasized, however, that enforcement by execution of the amicabl. the second remedy, is only ap have not repudiated such s¢ from the date thereof in accor: Government Code. If the ar ‘one party, either expressly or impliedly, 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 insist upon his original demand. Art. 2041 of the Civil Code, which fon of Art. 2037, viz. This is in accord qualifies the broad ay 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 original demand. In the case of Leonor us. Sycip, the Supreme Court (SC) had the occasion to explain this provision of Law. It ruled that ‘Art. 2041 does not require an action for rescission, and the ‘aggrieved party, by the breach of compromise agreement, may just consider it already rescinded, to wit: It is worthy of notice, connection, that, unlike ‘Art, 2039 of the same Code, which speaks of “a cause of at ulment or rescission of the compromise” and provides tat “the compromise may be annulled or rescinded” for the cause therein specified, thus suggesting an acton id Art. 2041 confers upon sscission, or the the party concerned, not a “cause” for re right to *demand” the rescission of a compromis®, ‘but the‘CRIMINAL PROCEDURE. 19 a coumnEHENSIVE APPROACH FOR THE BENCH AND THE Bay vey, nt ont 10 ear eas rewlnded” BU ayy suthoriy not orginal demand. The language of 2 “nsit open is oon contest with that or At at Res that no action for rescission is required, aoe soos, and that the party aggrieved by the brea, said Ast Do mise agreement may, if ie chooses, bring tye oe corrervplated or involved in his original demand, aq, sult contemplate a smnpromise agreement, wht, there had never ety Geacission thereat. He need not woe ene Maeclaration of rescission, for he may “regargs Bases conse agreement already “rescinded.” (Crisany, fhe compromise feory D. Montanez, OR. No. 191336 January 25, 2012) 10, Dismissal of the Case for Non-Referral to the Barangay for Conciliation in Relation to the Rules on Summary Procedure: Sec. 18 of the Rules on Summary Procedure provides for the dismissal of the case for failure to comply with barangay conciliation, and its revival. It states that: “Sec. 18. Referral to Lupon. — Cases requiring referral to the Lupon for conciliation under the provisions of Presidential Decree No. 1508 where there is no showing of compliance with such requirement, shall be dismissed without prejudice, and may be revived only after such requirement shall have been complied with. This provision shall not apply to criminal cases where the accused was arrested without a warrant.” COMMENTS 1) Q: What is the remedy in case of the dismissal for non-compliance with barangay conciliation? A: The order of dismissal is without prejudice to the refiling of the case or revival of the case ity of : 7 fore finality dismissal ater compliance with the eoheene Proceedings or Remedies tent Information before | mer aera snc hc SF eo ro try Equally erroneous is private respondents’ the rules regarding finality of judgments under Rules of Cour donot apply to cases severed tne est need Rule on Summary procedure. Private respondents claiey thet Sec. 18 of the 1991 Revised Rule on Summary Procedure allo the revival of cases which were dismissed for failure to oubralt ion at the barangay level, as required under to Sec. 408 of the Local Government Code. states: ‘The said provis Referral to Lupon. — Cases requiring referral to Lupon for conciliation under the provisions of PD. No. 1508 where there is no showing of compliance with such requirem shall be dismissed without prejudice, and may be rev only after such requirement shall have been complied with. This provision shall not apply to criminal cases where the accused was arrested without a warrant. ‘There is nothing in the afore-cited provision which supports private respondents’ view. Sec. 18 merely states that when a case covered by the 1991 Revised Rule on Summary Procedure is dismissed without prejudice for non-referral of the issues to the upon, the same may be revived only after the dispute subject of the dismissed case is submitted to barangay conciliation as required under the Local Government Code. There is no declaration to the effect that said case may be revived by mere motion even after the fifteen-day period within which to appeal or to file a motion for reconsideration has lapsed. (Fidel M. Baftares Li, et al. vs, Elizabeth Balising, et al., G.R. No. 132624, March 13, 2000) Ti. Lack of Barangay Conciliation a Ground for a Motion to Quash Complaint or Information Under the Rules on Summary Procedure: d for a 1) Q: Is lack of barangay conciliation « grou motion to ‘quach criminal complaint or information under the Rules on Summary Procedure?URE CRIMINAL PROCEDURE a meOKCH FOR THE mae [ACOMPREHENSIVE APP! ion, a motion to quash of exception, @ Ae ics. By wa Otjon based on lack of Barangay coneiii"Al ‘complaint or information ck of Barangay eonetige may be filed under the Rules on Summary : Sec. 19 (a) ofthe Rules on Summary Froceure prove for the rule on the filing of a motion to dismiss on the groun, for the rule on the filing jo on the ron lack of jurisdiction over the subject matt “Section information except on the ion over the subject matter, the preceding section.” Sample Legal Form: Certificate to File Action: Republic of the Philippines City of Manila Barangay. OFFICE OF THE BARANGAY CAPTAIN Complainant, = versus ~ Barangay Case No. For: Respondent. x——________, CERTIFICATE TO FILE ACTION This is to certify that: Complainant es ry meme mnee (name) and respondent fname) failed to oF senieetic ————— (name) failed Proceedings or Remedi we, Tapon/Pangkat Secretary ATTESTED BY: Lupon/Pangkat Chairman B. Barangay Protection Order Under R.A. 9262 or Anti-Violence Against Women and Children Act: 1, Barangay Protection Order defined: 1) Q: What is barangay protection order? A: Barangay protection order (BPO) refers to the protection order issued by the Punong Barangay, his absence the Barangay Kagawad, ordering the perpetrator to desist from committing acts of violence against the family or household members particularly women and their children under Secs. 5(a) and 5(b) of R.A. 9262, Substantive Basis: Sec. 4 of R.A. 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004, defines a barangay protection order. It states that: “Section. 4. Definition. — As used in this Rule:‘PROCEDURE, CRIMINAL PROS THE BENCH AND THE BAR 2 2 [A COMPREHENSIVE APPROACH «parangay protection order” (BPO) refers to the protection order fesued by the Punong ‘Tpeence the Barangay crcfing the perpetrator to desist Koger itting ets of violence against the fromiiy. or household members particularly family. tnd their children under Sections 5a wea Sb of R.A. No. 9262.” By Venue of Application of ‘Barangay Protection Order: pec, 41 of RA. No. 9262, otherwise kmown a8 the Anth violence Aguinst Women and Their Children fot of 2004, provides for the rule on venue of the ‘application of the order. It states that “Section 41. Venue. — Applications for barangay protection orders shall observe the following rules on venue: (a) where the parties reside in the same ba- rangay, the dispute shall be brought for settle- {b) where the parties reside in different barangays in the same city or municipality, the dispute shall be settled in the barangay where the respondent or any one of the respondents actually resides, at the choice of the complainant; {c) disputes arising at the workplace where the contending parties are employed or at the institution where such parties are enrolled for study, shall be brought in the barangay where such workplace or institution is located; and (4) any objection relating to venue shall be ae before the Punong Barangay during the proceedings before him. Failure to do so shall be deemed a waiver of such objections.” CHAPTER mI medis before Fling of Com tion before the Court nt 201 COMMENTS: 1) @_ Where can the application 2} gor be filed? pplication for barangay protection ‘az Applications for barangay protection A cahowing rules on venue! tection orders shall observe (a) Where the parties aispute shall be brought for s same barangay, the same city or mu barangay where actually resides choice of the complainant, Disputes arising at the workplace where the contending jon where such parties are the barangay where such led for study, shall be brought place or institution is located. 2) @: Cam the party raise an objection as regards venue? ‘ar Yes, under the above-cited rule, any objection relating to A: ue shall be raised before the Punong Barangay during the proceedings before him. Failure to do so shall be deemed a waiver of such objections. 3) Venue for Filing of Complaint for Violation of Barangay Protection Order: sec, 42 of R.A. No. 9262, otherwise known as the Some, Vole Aguinet Women and Their Children Act of 200, vrowices for the venus inthe fling of a complaint for violation of barangay protection order. It states that: t'a barangay protection any metropolitan trial crise, municipal trial court in cities, ‘municipal eer eourt or municipal circult trial court that has territorial jurisdiction over the barangay which terued the said protection order.”er ee ee RE ‘CRIMINAL PROCEDU! 3k THE BEN of A COMPREHENSIVE APPROACH FOR THE BENCH AND TH COMMENTS: where will a complaint for violation of Bara Plotcteton Order be Aled? acy ‘A: A complaint for violation may be filed with any metropel court in cities, municipal trial court that has territorial jurisdi issued the said protection order. 202 a barangay protection org trial court, municipal wet or municipal circuit taal ietion over the barangay whict 3) Procedure for Filing of Complaint for Violation of Barangay Protection Order: ‘See. 43 of R.A. No. 9262, otherwise known as the Anti. Violence Agsinst Women and Their Children Act of 2004, provides for the procedure for the Ailing of a complaint for Violation of barangay protection order. It states that “section 43. Procedure. — (a) The complaint shall be accompanied by affidavits and other evidence proving the alleged violation; {b) Upon receipt of the complaint, the court shall issue an order requiring the accused to submit within five days his counter-affidavit, the affidavits of his witnesses and other evidence in his behalf. (c) Ifthe court, upon a consideration of the complaint, the counter-affidavits of the d shall set the case for arraignment (4) Violation of a barangay protection order shall be punishable by imprisonment of thirty days without prejudice to any other criminal oF civil action that the offended party may file for any of the acts committed; and {e) A judgment of violation of a barangay protection order may be appealed to the regional trial court whose decision shall be final. At ie ing Complaint appeal from a judgment of vi barangay a ant of violation of a protection order shall not stay the enforcement ot ‘a protection order that mig the trial court during the alm" UEP COMMENTS: 1) @: How can the aggrieved eo ot the prmeeten ete Te ann Bet ‘A: The procedure to be observed in the filing of ac violation of Barangay Protection Order shall be as fo shall be accompanied by aff ¢ alleged violation; 2) Upon receipt of the complaint, the court shé ) The comy other evidence pro his counter~ evidence in his behalf; 3) _ Ifthe court, upon a consideration of the complais counter-affidavits of the accused and other evidence sul by the parties, finds no cause or ground to hold the acc it shall order the dismissal of the case; otherwise, set the case for arraignment and trial. 2) Q: What are the effects in case of conviction for violation of Barangay Protection Order? A: Under the above-cited provision of the rules, violation of a barangay protection order shall be punishable by impri t ‘of 30 days without prejudice to any other criminal or chs that the offended party may file for any of the acts coms 3) Qi What is the remedy of the aggrieved party in case of conviction? ‘A: A judgment of violatic fon of a barangay protection order may be appealed Regional Trial Court whose decision shall from a judgment of violation of a barangay Protection order shall not stay the enforcement of a prosecton Order that might have been issued by the trial court during the trial,A COMPREHENSIVE APPRON™" © 5) Issuance of Barangay Pro! Contempt: .. | No. 9262, otherwise known as the Ang, chins Ae won ‘and Their Children Act of aot Drowides for the rule on the issuance of protection Order. It stateg that: ugection 44. Issuance of protection order when warranted; contempt of court for violation. cee Suring trial or upon judgment, the trial court may motu proprio issue a protection order when warranted. Violation of any protection order issued under this Section shall constitute contempt of court punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.” COMMENTS: 1) Q: When can the court issue a Protection Order? A: During trial or upon judgment, the trial court may motu proprio issue a protection order when warranted. 2) Q: What are the effects in case of violation of the order? A: Violation of any protection order issued under this Section shall: 1) Constitute contempt of court punishable under Rule 71 of the Rules of Court; and 2) The contempt shall be without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed. ee Proceedings or Remedies et I. WITNESS PROTECTION, BENEFIT PROGRAM ee CURITY AND T (R.A. 6981) T. Requirements for the Adi _Witness Protection Programs? Sec. 3 of R.A 6981, otherwise known ti ise known as An for A Witness Protection, Security And hesett Procent And For Other Purposes, provides for the requirements for the admission to the program. It states that: “Section 3. Admission into the Program. — Any person who has witnessed or has knowledge or information on the commission of a crime and has testified or is testifying or about to testify before any judicial or quasi-judicial body, or before any investigating authority, may be admitted into the Program: Provided, That: a) _ the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code, or its equivalent under special laws; b) his testimony can be substantially corroborated in its material points; c) he or any member of his family within the second civil degree of consanguinity or affinity is subjected to threats to his life or bodily injury or there is a likelihood that he will be killed, forced, intimidated, harassed or corrupted to prevent him from testifying, or to testify falsely or evasively, because or on account of his testimony; and 4) he is not a law enforcement officer, even if he would be testifying against other law enforcement officers. In such a case, only the fmmediate members of his family may avail themeelves of the protection provided for under this Act. If the Department, said application and other rel after examination of evant facts, is206 COMPREHENSIVE APPROACH FOR THE BENCH AND THE Bag. ene requirements of the Act ang regulations have be orlmplementing rules and Tee nd complied mith it shall admit said applicant to the Program, require sald witness to execute & sworg , redtailing his knowledge or information ‘on the commission of the crime, ae tne cproper certification. For PUrposes of this Fee ee Pre person admitted to the Program shall be known as the Witness.” COMMENTS: 1) Qt What are the requirements for admission to ¢,, Witness Protection Program? A: Any person who has witnessed or has knowledge o, information on the commission of a crime and has testit testifying or about to testify before any judicial or quasi- body, or before any investigating authority, may be admitted into the Program, Provided, that: a) The offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code, or its equivalent under special laws; b) His testimony can be substantially corroborated in its material points; c) He or any member of his family within the second civil degree of consanguinity or affinity is subjected to threats to his life or bodily injury or there is a likelihood that he will be killed, forced, intimidated, harassed or corrupted to prevent him from testifying, or to testify falsely or evasively, because oF on account of his testimony; and d) He is not a law enforcement officer, even if he would be testifying against other law enforcement officers. In such a CaS, only the immediate members of his family may avail themselves of the protection provided for under the Act. convinced that 2) Q: What are the duties of the Department after compliance with the requirements? A: If the Department, after examination of said applicatio® and other relevant facts, is convinced that the requirements cua Proceedings or Remedies te 7 OF Information before te Cg om the Act and its implementing rule: na it 8 mules and regulations have been shall admit said applicant to the Program Ghal roqte said wines 9 exea letailing his knowledge or ation onthe traling his. Knowedge_ or tnormaton on he shall thereafter sue the proper certification, 4) _ For purposes of this Act, an } any such person admitted to the Program shall be known as the Witness, “ames 2, Nature of the Proceedings and Penalty in Case of Violation: Sec. 7 of RA, 6981 provides for the nature of the proceedings and the penalty in case of its violation. It states that: “Section 7. Confidentiality of Proceedings. — All proceedings involving application for admission into the Program and the action taken thereon shall be confidential in nature. No information or documents given or submitted in support thereof shall be released except upon written order of the Department or the proper court. ‘Any person who violates the confidentiality of said proceedings shall upon conviction be puni with imprisonment of not less than one (1) year ‘but not more than six (6) years and deprivation of the right to hold a public office or employment for 1a period of five (5) years.” COMMENTS: 1) Q: Whatisthe nature of the proceedings for application to the program? A: All proceedings the Program and the act in nature. No informatio support thereof shall be releas the Department or the proper court. Wving application for admission into taken thereon shall be confidential ‘documents given or submitted in fed except upon written order of“A COMPREHENSIVE APPRENTT 2) @: What are the effects in cate of violation of 4. confidentiality rule? mnfidentiality tes the confidentiality of said procg, Mehe punished with imprisonmen f not more than six (6) yeary yf sar but not less than one (2) Y°8" 1 coublic office or employment deprivation of the ri a period of five (5) Ye vial in the Application to 3. Speedy Hearing or T the Program: _ Sec. 9 of R.A. 6981 provides for the nature of the hearing on the application. It states that: “Section 9. Speedy Hearing or Trial. —In any case where a Witness admitted into the Program shall testify, the judicial or quasi-judicial body, or investigating authority shall assure a speedy hearing or trial and shall endeavor to finish said proceeding within three (3) months from the filing of the case.” COMMENTS: 1) Q: How should the proceeding in the application to the program be conducted? A: In any case where a Witness admitted into the Program shall testify, the judicial or quasi-judicial body, or investigating authority shall assure a speedy hearing or trial and shall endeavor to finish said proceeding within three (3) months from the filing of the case. 4. State Witness and Requirements Under _ the Program: Sec. 10 of R.A. 6981 provides for the requirements to be# state witness. It states that: “Section 10. State Witness. — Any person who has participated in the commission of a crime and desires to be a witness for the State, cal apply and, if qualified as determined in this Act and by the Department, shall be admitted into the CHAPTE: Proceedings or Remedies ‘F information be of Complain, = Program whenever the fol Dee lowing circumstances the offense in whict used is a grave felony as des Penal Code or its equivale; h his testi imony will be fined under the Revised nt under special laws; b) there is absolut oe me re is absolute necessity for his c) there is no other direct irect evidence available for the proper prosecution of valine fa Prosecution of the offense 4) his testimony can be subatant corroborated on its material points; se €) he does not appear to be most guilty; and f}__ he has not at any time been convicted of any crime involving moral turpitude. An accused discharged from an information or criminal complaint by the court in order that he may be a State Witness pursuant to Sections 9 and 10 of Rule 119 of the Revised Rules of Court may upon his petition be admitted to the Program if he complies with the other requirements of this Act. Nothing in this Act shall prevent the discharge of an accused, so that he can be used as a State Witness under Rule 119 of the Revised Rules of Court.” COMMENTS: 1) Qi What are the requirements to be admitted as a state witness? ‘A: Any person who has participated in the commission of a crime and desires to be a witness for the State, can apply and, if qualified as determined in this Act and by the Department, shall be admitted into the Program whenever the following circumstances are present: i ill be used is 1) The offense in which his testimony wi a wie felony as defined under the Revised Penal Code or its equivalent under special laws; 2) There is absolute necessity for his testimony:[A COMPREHENSIVE APTS" i idence availabl. no other direct evid ae of the offense committed; the substantially corroborated on i, 2 3) There is proper prosecution 4) His testimony can be material points; 5) He does not appear to be most guilty; and 6) He has not at any involving moral turpitude. time been convicted of any crim, 2) Q: Cana witness discharged under Secs. 9 & 10 of Rule 119 apply in the Program? ‘A: Yes, under the above-cited provision of law, an accuseg discharged from an information or criminal complaint by the Court in order that he may be a State Witness pursuant to Secs, ‘9 and 10 of Rule 119 of the Revised Rules of Court may, upon, his petition, be admitted to the Program if he complies with the other requirements of the Act. Nothing in the Act shall prevent the discharge of an accused, so that he can be used as a State Witness under Rule 119 of the Revised Rules of Court. 5. Execution of Sworn Statement: ‘See. 11 of R.A. 6981 provides for the requirement to be admitted as a state witness. It states that: i so cBection 11: Stara Statement Before any ito the Program pursuant to the next preceding Section he shall execute a sworn ate neat describing in detail the manner in which the offense was committed and his participation therein. If after said examination of said person, Deen ment and other relevant facts, the Department) ye oatienca that the requirements of Lonaryemeere iplementing rules are complied eo ae ne it such person into the Program corresponding certification. awon! tis application for admission is denied, said srom statement any other testimony given i support of application shall not be admissible ‘*, except for impeachment purposes.” Proceedings or Remedies bef ‘oF Information be of Complaint COMMENTS: Q: What is the ie ‘Witness? Tequirement to be admitted to be # ‘A: Before any person is admitted into ited into the Program pursuant to the next preceding Section, he shall execute a sworn statement describing in detail the manner in which the offen wa committed and his participation therein. ra 2) @Q: When can the applicant program? Pl be admitted to the ‘A: Ifafter said examination of said i said person, his sworn statei ta other relevant facts, the Department is satisfied that the requirements of the Act and its implementing rules are complied with, it may admit such person into the Program and issue the corresponding certification. 3) Q: What is the effect if the application for admission is denied? ‘A: If his application for admission is denied, said sworn statement any other testimony given in support of said application shall not be admissible in evidence, except for impeachment purposes, G. Biicct of Admission of a State Witness Into Sec. 12 of R.A. 6981 provides for the rule on the effects of admission into the program. It states that: “section 12. Effect of Admission of a State sation of Department ecutor who is required not in the criminal complaint rein, to petition jer that he can be provincial or city pros to include the Witness or information and if included th the court for his discharge in ord utilized as s State ‘Witness. The court shall order Utilised marge and exclusion of the said accused from the information.PROCEDURE, A COMPREHENSIVE GEPROACH FOR THE BENCH AND THE BAR ‘Admission into the Program shall entitle such Witness to immunity from criminal prosecution for the offense oF offenses in which his testimony will be given or used and all the rights and benefits provided under Section 8 hereof.” COMMENTS: 1) Q: What are the effects of admission of a State Witn, to the Program? ‘A: The certification of admission into the Program by the Department shall be: 1) Given full faith and credit by the provincial or city prosecutor who is required not to include the Witness in the criminal complaint or information; and 2) If included therein, the provincial city prosecutor may petition the court for his discharge in order that he can be utilized as a state witness. The court shall order the discharge and exclusion of the said accused from the information; 3) The state witness shall be entitled to immunity from criminal prosecution for the offense or offenses in which his testimony will be given or used and all the rights and benefits provided under Section 8 hereof. 7. Failure or Refusal of the Witness to Testify: Sec. 13 of R.A. 6981 provides for the effects of failure of the witness to testify. It states that: “Section 13. Failure or Refusal of the Witness to Testify. — Any Witness registered in the Program who fails or refuses to testify or to continue to testify without just cause when lawfully obliged to do so, shall be prosecuted for contempt, If he testifies falsely or evasively, he shall be liable to prosecution for perjury. If a Sta refuses to testify, or testifies falsely o: or violates any condition accompanying such immunity without just cause, as determine’ hearing by the proper court, his immunity curren ny proceeding rn AFTER 9F Information before the Googe TIAA pe removed and he shall or criminal prosecution. Mer ublect to contempt of all rights and benefits under eaten merment deemed terminated. is Act shall be ‘The Witness may, how of the contumacious acts by appropriate stage of the proceedi COMMENTS: 1) Q: What are the effects if the wit Is or 1 ea we itness fails or refuses ‘A: Any Witness registered in the Program who fails or refuses to testify or to continue to testi lawfully obliged to do so, shall 1) Prosecuted for contempt; 2) If he testifies falsely or evasively, he shall be liable to prosecution for perjury; 3) Ifa State Witness fails or refuses to testify, or testifies falsely or evasively, or violates any condition accompanying such immunity without just cause, as determined in a hearing by the proper court, his immunity shall be removed and he shall be subject to contempt or criminal prosecution; 4) Moreover, the enjoyment of all rights and benefits under the Act shall be deemed terminated. 2) Q: What is the remedy of the witness? A: The Witness may, however, purge himself of the contumacious acts by testifying at any appropriate stage of the Proceedings.