KATARUNGANG PAMBARANGAY

QUESTION: WHAT IS KATARUNGANG PAMBARANGAY LAW?

ANSWER: The Katarungang Pambarangay Law provides for the settlement of disputes between individual residents of the same city or municipality, thru mediation, arbitration or conciliation, before the katarungang Pambarangay. Compliance therewith is a condition precedent to the filing of complaint or information in court or before the Fiscals Office, and its absence is a ground for dismissal of the complaint for prematurity or absence of a cause of action. PURPOSE OF KB LAW (AS WELL AS ADR) a. To help lighten judicial workload and decongest heavy court dockets. b. To empower the people to resolve their own disputes. c. To preserve the Filipino culture of prior conciliation to resolve their disputes. CONDITONS FOR APPLICATION OF KB LAW a. Both parties are natural person; b. Both parties are actual residents (it does not include legal residence or domicile and postal address) of the same municipalities or cities; c. Dispute is not among those excepted from the coverage. NATURE OF PROCEEDINGS IN KB Not judicial in nature; Summary in nature; Legally there is no barangay court. The Lupon and Pangkat don not have inherent adjudicatory powers. - They resolve disputes or attempts to do through mediation and conciliation.

PROCEDURE FOR SETTLING DISPUTES UNDER KB LAW First: Before the Punong Barangay as a Lupon Chairman and as principal conciliator. He has 15 days to secure a settlement. Second: If he fails, he must constitute a 3 person Pangkat ng Tagapagkasundo General Rule: All parties to the action shall submit their dispute to barangay conciliation. Exceptions:

A. Section 408 of the LGC a. Where one of the parties is the government or any subdivision or
instrumentality thereof; b. Where one party is a public officer or employee, and the disputes relates to the performance of his official functions c. Offenses punishable by imprisonment exceeding one year (the maximum penalty must not exceed arresto mayor 31 days up to six months imprisonment) or a fine exceeding P5,000.00 d. Offenses where there is no private offended party; e. 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;

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Disputes involving parties who actually reside in different cities or municipalities, except where the parties are resident of adjoining barangays of different cities or municipalities and the parties thereto agree to submit their differences to amicable settlement by an appropriate Lupon. g. Such other classes of disputes which the President may determine in the interest of justice or upon recommendation of the Secretary of Justice.

B. Section 412 (b) LGC where parties may go directly in court in the ff:
a. Where the accused is under detention; b. Where a person has otherwise been deprived of personal liberty calling for habas corpus proceedings; c. Where actions are coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property and support pendent lite. d. Where the action may otherwise be barred by the statute of limitation. C. Other cases a. Labor cases as provided in the Labor Code that all disputes arising from employer-employee relationship shall be under the exclusive jurisdiction of the Labor Arbiter. (Article 228 Labor Code; Montoya v. Escayo 17 SCRA 442) The nature of the proceedings in the Labor Arbiter is similar with the KB Law that is, summary and not judicial in nature. b. Dispute arising from CARP Secs 46 and 47, RA 6657 c. Actions to annul judgment upon a compromise, which may be filed directly in court. (Sanchez v. Tupas, 158 SCRA 459) QUESTION: MAY A CORPORATION BE IMPLEADED AS A PARTY TO A BARANGAY CONCILIATION PROCEEDING? WHY? ANSWER: No, a corporation cannot be impleaded as a party to a barangay conciliation proceeding. Section 1, Rule VI if the katarungang Pambarangay Law Provides: Only individuals shall be parties to these proceedings either as complainants or respondents. No complaint by or against corporations, partnership or other juridical entities shall be filed, received, or acted upon. (Universal Robina Corp. V. Heirs of Angel Teves, GR No. 128574, Sep. 18, 2002) QUESTION: Is there an instance where the court may order the case to be resolve in the KB? Special jurisdiction of KB Answer: Yes. Section 408 of the LGC states that the Court in which non-criminal cases not falling within the authority of the Lupon are filed, may at anytime before trial, motu proprio refer the case to the Lupon for amicable settlement. VENUE Section 409 a. Dispute between person actually residing in the same barangay shall be brought for amicable settlement before the Lupon of he said barangay. b. Those involving actual residents of different barangays within the same city or municipality shall be brought in the barangays where the respondents or any of the respondents actually resides at the election of the complainant. c. All disputes involving real property or interest therein shall be brought in the barangay where the real or larger portion thereof is situated. d. 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.

QUESTION: WHERE TO RAISE QUESTION OF VENUE? ANSWER: It shall be raised in the mediation proceedings before the Punong Barangay; otherwise the same shall be deemed waived. QUESTION: Suppose there are questions that confront the punong barangay on objections to venue, what will he do? ANSWER: the question may be submitted to Sec of Justice or his duly designated representatives whose ruling thereon shall be binding. NATURE OF NON-REFERRAL TO THE BARANGAY: It is not jurisdictional and may be deemed waived if not raised seasonably in a motion to dismiss. (Millare v. Hernando, 151 SCRA 484) QUESTION: WHAT IS THE EFFECT OF FAILURE TO INVOKE LACK OF PRIOR CONCILIATION BEFORE THE BARANGAY? ANSWER: If it is not invoke in a motion to dismiss or as an affirmative defense in the answer, the same is deemed waived. Royales v. IAC 129 SCRA 970 THE AMICABLE SETTLEMENT BEFORE THE LUPON/PANGKAT: shall have the force and effect of a final judgment of a court upon the expiration of 10 days from the date hereof. QUESTION: WHAT IS THE REQUIRED FORM OF A SETTLEMENT? ANSWER: a. b. c. d. All amicable settlements: Must be in writing; In the language or dialect known to the parties; Signed by them; and Attested by the Lupon chairman

HOW TO REPUDIATE THE AMICABLE SETTLEMENT? 1. By filing with the Lupon Chairman a sworn written statement to that effect, where the consent is vitiated by fraud, violence, or intimidation within 10 days from the date of settlement. 2. By filing a PETITION FOR ANNULMENT OF THE COMPROMISE AGREEMENT before the proper court within 10 days from the date of settlement OR ASK FOR CERTIFICATE TO FILE ACTION. This remedy is available to both parties. ENFORCEMENT OF THE AMICABLE SETTLEMENT: 1. By the execution of the Punong barangay which is quasi-judicial and summary in nature on mere action of the parties entitled thereto within 6 months from: a. The date of the settlement if the obligation is due and demandable on the date of settlement. b. If not yet due and demandable on the date of settlement, the period should be counted from the date the obligation becomes due and demandable. 2. After the lapse of 6 months, by an action on regular form, which remedy is judicial. THE CAUSE OF ACTION IS THE AMICABLE SETTLEMENT ITSELF. Question: Is barangay Conciliation required in cases of Permissive Counter claim/ Crossclaim / Third Party Complaint?

Answer: As a general rule, YES. EXCEPT: the exceptions provided in the LGC. Question: A filed a case against B. They already finished Barangay Conciliation. A died, which was substituted by his heirs C and D. Is the Barangay Conciliation requirement complied with respect to C and D? Answer: NO. LOCAL GOVERNMENT CODE OF 1991, Sec. 15 provides: Appearance of parties in person. In all KB proceedings, the parties must appear in person without the assistance of counsel or representative, except minors and incompetents who may be assisted by their next-of-kin who are not lawyers. The requirement in barangay proceedings is that both parties must conciliate face to face. It is therefore personal. (Berba v. Palanca) Question: Is barangay conciliation requirement in Probate Proceedings? Answer: NO. The Estate of the deceased is a juridical Person which is one of the exceptions on the barangay proceedings. QUESTION: Dante Pascual (resident of USA), the real party in interest executed an SPA in favor of X to recover a real property from his sister. The agent X is resident of Roxas, Isabela filed a complaint agains Marilou Pascual, a resident of Roxas, Isabela without undergoing a barangay conciliation. Is barangay conciliation required in this case? ANSWER: There is NO need for barangay conciliation, since the plaintiff, the real partyini-interest, is not an actual resident of the barangay where the defendant resides, the Lupon has no jurisdiction over their dispute, hence prior referral to it for reconciliation is not a pre-condition to its filing in court. (Pascual v. Pascual, GR 157830, Nov. 17, 2005) QUESTION: WHAT IS THE EFFECT OF BARANGAY SETTLEMENT? ANSWER: Same as court decision after the lapse of 10 days. After 10 days, the remedy of the parties is to file a Motion for Execution of Agreement within six months which to be counted base on the following: a. If the obligation in the settlement to be enforced is due and demandable on the date of the settlement, the six month period should be counted from the date of the settlement; b. If the obligation to be enforced is due and demandable on a date other than the date of the settlement, the six-month period should be counted from the date the obligation becomes due and demandable. (Vidal v. Escueta) EFFECT OF NON-COMPLIANCE: Ground for Motion to Dismiss under Rule 16 (j), for prematurity or absence of cause of action.