1.
Where one party is the GOVERNMENT OR
X. KATARUNGANG
PAMBARANGAY [Revised
Katarungang Pambarangay Law,
Sections 399-422, R.A. No. 7160]
No complaint, petition, action, or proceeding
involving any matter within the authority of the
lupon shall be filed or instituted directly in court
or any other government office for adjudication,
UNLESS
a. there has been a confrontation between the
parties before the lupon chairman or the
pangkat, AND
b. that no conciliation or settlement has been
reached as certified by the lupon Secretary or
pangkat Secretary as attested to by the lupon
or pangkat chairman OR the settlement has
been repudiated by the parties thereto [Sec.
412(a)].
NOTE: Failure to comply with a condition
precedent is no longer a ground for an
allowable motion to dismiss under the Amended
Rules. However, it is an allowable affirmative
defense that must be alleged in the answer or
else it will be deemed waived. Hence, the court
may not dismiss a case motu proprio for failing
to comply with the requirement of a barangay
conciliation.
Non-referral of a case for barangay conciliation
when so required under the law is not
jurisdictional in nature and may therefore be
deemed waived if not raised seasonably.
A. Cases Covered
Requisites for a dispute to fall under the
Katarungang Pambarangay:
a. Parties are natural persons
b. Parties are actually residing in the same city
or municipality
c. Dispute is not among those excepted from
the coverage
Cases covered:
1. Only cases involving natural persons
2. When the government or any subdivision or
instrumentality thereof is only one of
contending parties [as to other parties]
Not covered:
1. Juridical persons
2. Cases involving public school teachers or
principals
3. Administrative cases
4. Cases involving civil status
B. Subject Matter for Amicable
Settlement
The Lupon of each barangay shall have the
authority to bring together the parties
actually residing in the same city or
municipality for amicable settlement of all
disputes EXCEPT:
ANY SUBDIVISION OR INSTRUMENTALITY
thereof
2. Where one party is a PUBLIC OFFICER OR
EMPLOYEE, and the dispute relates to the
performance of his official functions
3. Offenses punishable by imprisonment
exceeding 1 year or a fine exceeding
P5,000
4. Offenses where there is NO PRIVATE
OFFENDED PARTY
5. Where the dispute involves REAL
PROPERTIES LOCATED IN DIFFERENT CITIES
OR MUNICIPALITIES unless the parties
thereto agree to submit their differences to
amicable settlement by an appropriate Lupon
6. Disputes involving PARTIES WHO
ACTUALLY RESIDE IN BARANGAYS OF
DIFFERENT CITIES OR MUNICIPALITIES,
except where such barangay units adjoin each
other and the parties thereto agree to submit
their differences to amicable settlement by an
appropriate Lupon
7. Such other classes of disputes which the
President may determine in the interest of
justice or upon the recommendation of the
Secretary of Justice [Sec. 408, Local
Government Code]
8. Any complaint by or against corporations,
partnerships, or juridical entities, since only
individuals shall be parties to barangay
conciliation proceedings either as
complainants or respondents, [Sec. 1, Rule VI,
Katarungang Pambarangay Rules; also see SC
Administrative Circular No. 14-93]
9. Disputes where urgent legal action is
necessary to prevent injustice from being
committed or further continued, specifically:
i. A criminal case where the accused is under
police custody or detention
ii. A petition for habeas corpus by a person
illegally detained or deprived of his liberty or
one acting in his behalf
iii. Actions coupled with provisional
remedies, such as preliminary injunction,
attachment, replevin and support pendente
lite
iv. Where the action may be barred by the
Statute of Limitations
10. Labor disputes or controversies arising
from employer-employee relationship
11. Where the dispute arises from the CARL
12. Actions to annul judgment upon a
compromise which may be directly filed in
court. [Supreme Court Administrative Circular
No. 14-93]
The court in which non-criminal cases not
falling within the authority of the lupon under
this Code are filed may, at any time before trial
motu propio refer the case to the lupon
concerned for amicable settlement [Sec. 408].
C. Venue
Rule on venue
1. Between persons actually residing in
the same barangay – before lupon of the
same barangay
2. Involving actual residents of different
barangays within the same city or
municipality – in barangay where the
respondent or any of the respondents actually
resides, at the election of the complainant
3. Involving real property or any interest
therein – in the barangay where the real
property or the larger portion thereof is situated
4. Arising from the workplace where the
contending parties are employed or at the
institution where such parties are
enrolled for study – in the barangay where
such workplace or institution is located
Objections
Objections to venue shall be raised in the
mediation proceedings before the punong
barangay; otherwise, the same shall be deemed
waived. Any legal question which may confront
the punong barangay in resolving objections to
venue herein referred to may be submitted to
the Secretary of Justice, or his duly designated
representative, whose ruling thereon shall be
binding [Sec. 409].
D. When Parties May Directly Go
To Court
Barangay conciliation is not necessary before
filing a complaint in court:
1. Where one party is the government, or any
subdivision or instrumentality thereof;
2. Where one party is a public officer or
employee and the dispute relates to the
performance of his official functions;
3. Where the dispute involves real properties
located in different cities and municipalities;
- UNLESS the parties thereto agree to submit
their differences to amicable settlement by an
appropriate Lupon
4. Any complaint by or against corporations,
partnerships, or juridical entities;
5. Disputes involving parties who actually reside
in barangays of different cities or municipalities;
- EXCEPT where such barangay units adjoin
each other and the parties agree to submit to
amicable settlement by an appropriate Lupon
6. Offenses for which the law prescribes a
maximum penalty of imprisonment exceeding 1
year or a fine of over P5,000;
7. Offenses where there is no private offended
party;
8. Disputes where urgent legal action is
necessary to prevent injustice from being
committed or further continued, specifically the
following:
i. Criminal cases where the accused is under
police custody or detention
ii. Petition for habeas corpus
iii. Actions coupled with provisional
remedies
iv. Actions which may be barred by the statute
of limitations [Sec. 412
(b)]
9. Any class of disputes which the President
may determine in the interest of justice or upon
the recommendation of the Secretary of Justice;
10. Where the dispute arises from the
Comprehensive Agrarian Reform Law;
11. Labor disputes or controversies arising from
employer-employee relations;
12. Actions to annul judgment upon a
compromise which may be filed directly in the
court. [Administrative Circular 14-93]
E. Execution
Remedies in the event of failure or refusal
to comply with the amicable settlement or
arbitration award
i. Within 6 months from the date of the
settlement, or of the date of the receipt of the
award, or the date when the obligation therein
becomes due and demandable, whichever is
later – enforced by EXECUTION by the lupon
ii. After the lapse of 6 months – enforced by
ACTION in the appropriate city or municipal
court [Sec. 417]
iii. Rescission under Article 2041 of the Civil
Code in the case of the amicable settlements
F. Repudiation
Repudiation of the settlement
Any party to the dispute may within 10 days
from the date of the settlement, repudiate
the same by:
a. Filing with the lupon chairman a statement of
repudiation,
b. Sworn before him, and
c. Claiming that his consent was vitiated by
FRAUD, VIOLENCE, or INTIMIDATION.
Such repudiation shall be a sufficient basis for
the issuance of the certification for filing a
complaint [Sec. 418]
Effect of failure to repudiate
Failure to repudiate within the 10-day period
shall be deemed a waiver of the right to
challenge the settlement on the grounds of
vitiated consent by fraud, violence, or
intimidation [Sec. 14, Rule VI, Katarungang
Pambarangay Rules].
Upon expiration of the 10-day period, the
settlement attains the status of finality and it
becomes the ministerial duty of the court to
implement and enforce it; i.e., ENFORCED.
Res judicata
Being a by-product of mutual concessions and
good faith of the parties, an amicable
settlement has the force and effect of res
judicata even if not judicially approved. It
transcends being a mere contract binding only
upon the parties thereto and is akin to a
judgment that is subject to execution in
accordance with the Rules.