Case Digest

Agbayani v. CA, G.R. No 183623 (2012)

TOPIC: Compulsory process of Barangay Reconciliation

Summary:
Petitioner Agbayani filed a complaint for grave oral defamation against Respondent
Genabe. DOJ, upon motion of Respondent, dismissed the complaint for its non-submission to
the Katarungang Pambarangay. The SC affirmed the dismissal. ALL disputes [a] between
parties residing in the same city/municipality or [b] which arise in the workplace MUST
undergo arbitration proceedings with the Katarungang Pambarangay (subject to certain exempt
disputes). The compulsory process of arbitration [with the Katarungang Pambarangay] is a pre-
condition for the filing of the complaint in court. Where the complaint [1] did not state that it is
one of excepted cases, or [2] did not allege prior availment of said conciliation process, or [3]
did not have a certification that no conciliation had been reached by the parties, the case should
be dismissed. Here, Agbayani failed to show that the instant case is not one of the exceptions
enumerated. Neither has she shown that the oral defamation caused on her was so grave as to
merit a penalty of more than one year [if the offense is punishable by a penalty of more than 1
year, then it does not have to undergo arbitration proceedings with the Katarungang
Pambarangay]. Therefore, Agbayani's complaint was correctly DISMISSED.

Petitioner: LETICIA B. AGBAYANI

Respondent: COURT OF APPEALS, DEPARTMENT OF JUSTICE and LOIDA

MARCELINA J. GENABE

Facts:
Agbayani and Genabe were both employees of the Regional Trial Court, Branch 275 of
Las Piñas City, working as Court Stenographer and Legal Researcher II, respectively. On
December 29, 2006, Agbayani filed a criminal complaint for grave oral defamation against
Genabe for allegedly uttering against her, in the presence of their fellow court employees
and while she was going about her usual duties at work, the following statements,

"ANG GALING MO LETY, SINABI MO NA TINAPOS MO YUNG

MARVILLA CASE, ANGGALING MO. FEELING LAWYER KA KASI,
BAKIT DI KA MAGDUTY NA LANG, STENOGRAPHER KA MAGSTENO
KA NA LANG, ANG GALING MO, FEELING LAWYER KA TALAGA.
NAGBEBENTA KA NG KASO, TIRADOR KA NG JUDGE. SIGE HIGH
 BLOOD DIN KA, MAMATAY KA SANA SA HIGH BLOOD MO."

Upon a petition for review filed by Genabe, the DOJ Undersecretary found that, the
complaint-affidavit, failed to show that the instant case was previously referred to the
barangay for conciliation in compliance with the Local Government Code. Hence, the
petition was dismissed.

Issue:
Whether or not respondent court (Court of Appeals) gravely erred in affirming
respondent DOJ's dismissal of the complaint due to non-compliance with the provisions
of the Local Government Code of 1991.

RULING:
No, Undeniably, both petitioner Agbayani and respondent Genabe are residents of Las
Piñas City and both work at the RTC, and the incident which is the subject matter of
the case happened in their workplace.
Agbayani's complaint should have undergone the mandatory barangay conciliation for
possible amicable settlement with respondent Genabe, pursuant to Sections 408 and 409 of
Republic Act No. 7160 or the Local Government Code of 1991.
The compulsory process of arbitration is a pre-condition for the filing of the complaint
in court. Where the complaint (a) did not state that it is one of excepted cases, or (b)
it did not allege prior availment of said conciliation process, or (c) did not have a
certification that no conciliation had been reached by the parties, the case should be
dismissed.