ADMINISTRATIVE CIRCULAR NO. 14-93.

ADMINISTRATIVE CIRCULAR NO. 14-93

TO: ALL REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS
SUBJECT: GUIDELINES ON THE KATARUNGANG PAMBARANGAY CONCILIATION
PROCEDURE TO PREVENT CIRCUMVENTION OF THE REVISED KATARUNGANG
PAMBARANGAY LAW [SECTIONS 399-422, CHAPTER VII, TITLE I, BOOK III, R. A. 7160,
OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991].
The Revised Katarungang Pambarangay Law under R. A. 7160, otherwise known as
the Local Government Code of 1991, effective on January 1, 1992 and which
repealed P. D. 1508, introduced substantial changes not only in the authority
granted to the Lupong Tagapamayapa but also in the procedure to be observed in
the settlement of disputes within the authority of the Lupon.cralaw
In order that the laudable purpose of the law may not be subverted and its
effectiveness undermined by indiscriminate, improper and/or premature issuance of
certifications to file actions in court by the Lupon or Pangkat Secretaries, attested
by the Lupon/Pangkat Chairmen, respectively, the following guidelines are hereby
issued for the information of trial court judges in cases brought before them coming
from the Barangays:chanrobles virtual law library
I. All disputes are subject to Barangay conciliation pursuant to the Revised
Katarungang Pambarangay Law [formerly P. D. 1508, repealed and now replaced by
Secs. 399-422, Chapter VII, Title I, Book III, 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, except in the following disputes:chanrobles virtual law library
[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 difference to
amicable settlement by an appropriate Lupon;
[4] 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];

[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
thereto agree to submit their differences to amicable settlement by an appropriate
Lupon;
[6] Offenses for which the law prescribes a maximum penalty of
imprisonment exceeding one [1] year or a fine of over five thousand pesos
(P5,000.00);
[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:chanrobles virtual law
library

[a] Criminal cases where accused is under police custody or detention [See Sec. 412
(b) (1), Revised Katarungang Pambarangay Law];
[b] Petitions for habeas corpus by a person illegally deprived of his rightful custody
over another or a person illegally deprived of or on acting in his behalf;
[c] Actions coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support during the pendency of the
action; and cralaw
[d] Actions which may be barred by the Statute of Limitations.

[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 (CARL)
[Secs. 46 & 47, R. A. 6657];
[11] Labor disputes or controversies arising from employer-employee relations
[Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended,
which grants original and exclusive jurisdiction over conciliation and mediation of
disputes, grievances or problems to certain offices of the Department of Labor and
Employment];
[12] Actions to annul judgment upon a compromise which may be filed directly in
court [See Sanchez vs. Tupaz, 158 SCRA 459].cralaw
II. Under the provisions of R. A. 7160 on Katarungang Pambarangay conciliation, as
implemented by the Katarungang Pambarangay Rules and Regulations promulgated

by the Secretary of Justice, the certification for filing a complaint in court or any
government office shall be issued by Barangay authorities only upon compliance
with the following requirements:chanroblesvirtuallawlibrary
[1] Issued by the Lupon Secretary and attested by the Lupon Chairman (Punong
Barangay), certifying that a confrontation of the parties has taken place and that a
conciliation settlement has been reached, but the same has been subsequently
repudiated (Sec. 412, Revised Katarungang Pambarangay Law; Sec. 2[h], Rule III,
Katarungang Pambarangay Rules);
[2] Issued by the Pangkat Secretary and attested by the Pangkat Chairman
certifying that:chanroblesvirtuallawlibrary
[a] a confrontation of the parties took place but no conciliation/settlement has been
reached (Sec. 4[f], Rule III, Katarungang Pambarangay Rules); or
[b] that no personal confrontation took place before the Pangkat through no fault of
the complainant (Sec. 4[f], Rule III, 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, or 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 place of settlement (Secs. 1,4 & 5, Rule IX, Katarungang
Pambarangay Rules); and
[4] If mediation or conciliation efforts before the Punong Barangay proved
unsuccessful, there having been no agreement to arbitrate (Sec. 410 [b], Revised
Katarungang Pambarangay Law; Sec. 1, c. (1), Rule III, Katarungang Pambarangay
Rules), or where the respondent fails to appear at the mediation proceeding before
the Punong Barangay (3rd par. Sec. 8, a, Rule VI, Katarungang Pambarangay Rules),
the Punong Barangay shall not cause the issuance at this stage of a certification to
file action, because it is now mandatory for him to constitute the Pangkat before
whom mediation, conciliation, or arbitration proceedings shall be held.cralaw
III. All complaints and/or informations filed or raffled to your sala/branch of the
Regional Trial Court shall be carefully read and scrutinized to determine if there has
been compliance with prior Barangay conciliation procedure under the Revised
Katarungang Pambarangay Law and its Implementing Rules and Regulations as a
pre-condition to judicial action, particularly whether the certification to file action

attached to the records of the case comply with the requirements hereinabove
enumerated in Par. II;

IV. A case filed in court without compliance with prior Barangay conciliation which is
a pre-condition for formal adjudication (Sec. 412 [a] of the Revised Katarungang
Pambarangay Law) may be dismissed upon motion of defendant/s, not for lack of
jurisdiction of the court but for failure to state a cause of action or prematurity
(Royales vs. IAC, 127 SCRA 470; Gonzales vs. CA, 151 SCRA 289), or the court may
suspend proceedings upon petition of any party under Sec. 1, Rule 21 of the Rules
of Court; and refer the case motu proprio to the appropriate Barangay authority
applying by analogy Sec. 408 [g], 2nd par., of the Revised Katarungang
Pambarangay Law which reads as follows:chanrobles virtual law library
"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 proprio refer case to the
Lupon concerned for amicable settlement.
Strict observance of these guidelines is enjoined. This Administrative Circular shall
be effective immediately.

Manila, Philippines; July 15, 1993.

LAWYERS: KEEP OUT (The Katarungang Pambarangay Law)

By Siesta-friendly
What do you call a law prohibiting lawyers from participating in a justice system?
Promising?

Unfortunately, we do not have statistics on how effective and successful the

informal justice system known as the Katarungang Pambarangay has been. But
the mere fact that lawyers are barred from the proceedings should be success
enough.

Anyway, should you have any problem against someone, it is crucial to know the
rules on the Katarungang Pambarangay, as you will read below.

General Rule

The general rule is that the Lupon Tagapamayapa[1] (Committee for Peace) of each
barangay shall have authority to bring together the parties actually residing in the
same city or municipality for amicable settlement of all disputes.[2] So, provided
they do not fall under the exceptions, all disputes must first be submitted for
possible conciliation at the barangay level, before any court or other government
body can take jurisdiction.

Exceptions[3]

Naturally, there are cases that are best handled by the courts, the Office of the
Ombudsman, the National Labor Relations Commission, the Securities and
Exchange Commission, etc. So we have exceptions to the general rule above,
which are:

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 difference to
amicable settlement by an appropriate Lupon;
4.
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];
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 thereto agree to submit their differences 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 P5,000.00;
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:
a.

Criminal cases where accused is under police custody or detention;

b.
Petitions for habeas corpus by a person illegally deprived of his rightful
custody over another or a person illegally deprived of or on acting in his behalf;
c. Actions coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support during the pendency of the
action; and
d.

Actions which may be barred by the Statute of Limitations.

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
(CARL) [Secs. 46 & 47, R. A. 6657];
11.
Labor disputes or controversies arising from employer-employee relations
[Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended],
which grants original and exclusive jurisdiction over conciliation and mediation of
disputes, grievances or problems to certain offices of the Department of Labor and
Employment];
12.
Actions to annul judgment upon a compromise which may be filed directly in
court [Sanchez vs. Tupaz, 158 SCRA 459];
13.
Where the dispute involves members of the same indigenous cultural
community, such dispute shall be settled in accordance with the customs and
traditions of that particular cultural community, or 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 [Sec. 412 [c],
R.A. 7160]
A court in which non-criminal cases not falling within the authority of the Lupon are
filed, at any time before trial, may motu proprio refer the case to the Lupon
concerned for amicable settlement. [Sec. 408 [g], 2nd par.]

The courts are strict about these rules. 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 (1) there
has been a confrontation between the parties before the Punong Barangay or the
Pangkat, and that (2a) 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 unless (2b) the settlement has been repudiated by the parties thereto.
[4]

Cases filed in court without first going through barangay conciliation when required
may be dismissed upon motion of defendant/s for failure to state a cause of
action or prematurity.[5]

Venue[6]

So exactly with which Lupon should one file a complaint?

a.
Disputes between persons actually residing in the same barangay shall be
brought for amicable settlement before the Lupon of said barangay.
b.
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 complaint.
c.
All disputes involving real property or any interest therein shall be brought in
the barangay where the real property or the 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.
Objections to venue shall be raised in the mediation proceedings before the Punong
Barangay (Lupon Chairman); otherwise, they are deemed waived. Any legal
question which may confront the punong barangay in resolving objections to venue
may be submitted to the Secretary of Justice, or his duly designated representative,
whose ruling shall be binding.

Procedure[7]

Mediation by the Punong Barangay / Lupon Chairman

1.
Upon payment of the appropriate filing fee (not less than P5.00 nor more than
P20.00)[8], any individual who has a cause of action against another may complain,
orally or in writing, to the Punong Barangay.
2.
Upon receipt of the complaint, the Punong Barangay 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 not later than 5 days from date thereof[9]
for mediation of their conflicting interests.
3.
The respondent shall answer the complaint, orally or in writing, by denying
specifically the material averments of the complaint and/or alleging any lawful
defense. He may also interpose a counterclaim against complainant, a cross-claim
against a co-respondent or a third-party complaint against one not yet a party to
the proceedings.[10]

4.
Upon successful conclusion of his mediation effort, the Punong Barangay shall
reduce to writing in a language or dialect known to the parties the terms of the
settlement agreed upon by them, have them sign the same, and attest to its due
execution.[11]

5.
If the Punong Barangay fails in his mediation efforts within 15 days from the
first meeting of the parties before him, or where the respondent fails to appear at
the mediation proceeding before the Punong Barangay[12], he shall set a date for
the constitution of the Pangkat Tagapagkasundo[13] (Panel for Conciliation).
Conciliation by the Pangkat Tagapagkasundo

6.
The Pangkat shall convene not later than 3 days from its constitution, on the
day and hour set by the Punong Barangay, to hear both parties and their witnesses,
simplify issues, and explore all possibilities for amicable settlement. The Pangkat
may also issue summons for the personal appearance of parties and witnesses.
If a party moves to disqualify any member of the Pangkat by reason of relationship,
bias, interest, or any other similar grounds, 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 vacancy shall be filled by drawing lots [See
Sec. 404, R.A. 7160].

7.
Respondent's refusal or willful failure to appear without justifiable reason
before the Pangkat, as determined by the latter after notice and hearing, shall be a
sufficient basis for the issuance of a certification for filing complainant's cause of
action in court or with the proper government agency or office.[14]
8.
The Pangkat shall arrive at a settlement or resolution of the dispute within 15
days from the day it convenes. This period shall, at the Pangkats discretion, be
extendible for another period which shall not exceed 15 days, except in clearly
meritorious cases.
Informal but Orderly Proceedings[15]

The Punong Barangay and the Pangkat shall proceed to hear the matter in dispute
in an informal but orderly manner, without regard to technical rules of evidence,
and as is best calculated to effect a fair settlement of the dispute and bring about a
harmonious relationship of the parties.

Proceedings before the Punong Barangay shall be recorded by the Lupon Secretary
while those before the Pangkat shall be recorded by the Pangkat Secretary. The
record shall note the date and time of hearing, appearance of parties, names of
witnesses and substance of their testimonies, objections and resolutions, and such
other matters as will be helpful to a full understanding of the case.

Public Proceedings[16]

All proceedings for settlement shall be public and informal but the Punong Barangay
or the Pangkat chairman, as the case may be, may motu proprio or upon request of
a party, exclude the public from the proceedings in the interest of privacy, decency,
or public morals.

Personal Appearance; No Lawyers[17]

In all proceedings, the parties must 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. Total ban. Sweet.

Sanctions for Failure to Appear[18]

In case a party fails to appear for mediation, the Punong Barangay / Pangkat
Chairman shall set a date for the absent party/ies to appear before him to explain
the reason for the failure to appear.

If the Punong Barangay / Pangkat Chairman finds after hearing that the failure or
refusal of the complainant to appear is without justifiable reason, he shall (1)
dismiss the complaint; (2) direct the issuance of and attest to the certification to bar
the filing of the action in court or any government office; and (3) apply with the
local trial court for punishment of the recalcitrant party as for indirect contempt of
court.

In case of similar willful failure or refusal of the respondent to appear for mediation
before the Punong Barangay / Pangkat Chairman (as may be applicable), the latter
shall: (1) dismiss the respondent's counterclaim; (2) direct the issuance of and
attest to the certification (i) to bar the filing of respondent's counterclaim in
court/government office, and if already under conciliation, (ii) to file complainant's
action in court/government office; (3) apply with the local trial court for punishment
of the recalcitrant party as for indirect contempt of court; and (4) if still under
mediation, the Punong Barangay shall set a date for the parties to appear before
him for the constitution of the Pangkat.

The Punong Barangay shall apply, in similar manner, for the punishment of a
recalcitrant witness who willfully fails or refuses to appear, as for indirect contempt
of court.

Suspension of Prescriptive Period

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 the complaint with the Punong Barangay. The prescriptive periods shall
resume upon receipt by the complainant of the certificate of repudiation or of the
certification to file action issued by the Lupon or Pangkat Secretary. Such
interruption, however, shall not exceed 60 days from said filing of the complaint.

Repudiation of Settlement[19]

Any party to the dispute may, within 10 days from the date of the settlement,
repudiate the same by filing with the Punong Barangay a statement to that effect
sworn to before him, where the consent is vitiated by fraud, violence, or
intimidation. Such repudiation shall be sufficient basis for the issuance of the
certification for filing a complaint in court or any government office. Failure to
repudiate the settlement within the aforesaid time limit shall be deemed a waiver of
the right to challenge on said grounds.

Settlement as Final Judgment[20]

The amicable settlement and arbitration award shall have the force and effect of a
final judgment of a 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 filed before the proper city or municipal court. Except that in cases
where the court motu proprioreferred a non-criminal case to the Lupon which is not
within the latters jurisdiction, the compromise settlement agreed upon shall first be
submitted to the court and upon approval thereof, have the force and effect of a
judgment of said court.

Execution

The amicable settlement or arbitration award may be enforced by execution by the

Lupon within 6 months from the date of the settlement. After the lapse of such
time, the settlement may be enforced by action in the appropriate city or municipal
court.[21]

The secretary of the Lupon shall transmit the settlement or the arbitration award to
the appropriate city or municipal court within 5 days from the date of the award or
from the lapse of the 10-day period repudiating the settlement and shall furnish
copies thereof to each of the parties to the settlement and the Punong Barangay.
[22]

The Katarungan Pambarangay law is embodied in the Local Government Code and
thus comes part of the governments hopes for decentralization and local
government empowerment and the aim of providing accessible and non-adversarial
dispute resolution. And in the pursuit of these hopes and aims, lawyers are deemed
an obstruction.

________________________________________
[1] SEC. 399, R.A. 7160. Lupong Tagapamayapa.
(a) There is hereby created in each barangay a lupong tagapamayapa, hereinafter
referred to as the lupon, composed of the punong barangay as chairman and ten

(10) to twenty (20) members. The lupon shall be constituted every three (3) years in
the manner provided herein.
(b) Any person actually residing or working in the barangay, not otherwise expressly
disqualified by law, and possessing integrity, impartiality, independence of mind,
sense of fairness, and reputation for probity, may be appointed a member of the
lupon.
xxx
(f) In barangays where majority of the inhabitants are members of indigenous
cultural communities, local systems of es through their councils of datus or elders
shall be recognized without prejudice to the applicable provisions of this Code.

[2] Sec. 408, ibid.

[3] Par. I, Administrative Circular No. 14-93, Guidelines On The Katarungang
Pambarangay Conciliation Procedure To Prevent Circumvention Of The Revised
Katarungang Pambarangay Law [Sections 399-422, Chapter Vii, Title I, Book Iii, R. A.
7160, Otherwise Known As The Local Government Code Of 1991], July 15, 1993.

[4] Sec. 412, R.A. 7160

[5] Par. IV, Administrative Circular No. 14-93.
[6] Sec. 409, RA 7160.
[7] Sec. 410, ibid.
[8] Rule VI, Sec. 4, Katarungang Pambarangay Circular No. 1, Katarungang
Pambarangay Rules and Forms, July 21, 1992
[9] Rule III, Sec. 1 b (1), ibid.
[10] Rule VI, Sec.5, ibid.
[11] Rule III, Sec. 1 b (4), ibid.
[12] Rule VI, Sec.8 a, 3rd par., ibid.
[13] Sec. 404, R.A. 7160. Pangkat ng Tagapagkasundo.
(a) There shall be constituted for each dispute brought before the Lupon a
conciliation panel to be known as the Pangkat ng tagapagkasundo, hereinafter

referred to as the Pangkat, consisting of three (3) members who shall be chosen by
the parties to the dispute from the list of members of the Lupon.
Should the parties fail to agree on the Pangkat membership, the same shall be
determined by lots drawn by the Lupon chairman.

(b) The three (3) members constituting the Pangkat shall elect from among
themselves the chairman and the secretary. The secretary shall prepare the minutes
of the Pangkat proceedings and submit a copy duly attested to by the chairman to
the Lupon secretary and to the proper city or municipal court. He shall issue and
cause to be served notices to the parties concerned.

The Lupon secretary shall issue certified true copies of any public record in his
custody that is not by law otherwise declared confidential.

[14] Rule VI, Sec.8 a, 3rd par., Katarungang Pambarangay Circular No. 1.
[15] Rule VI, Sec.5, ibid.
[16] Sec. 414, ibid.
[17] Sec. 415, ibid.
[18] Rule VI, Sec. 8 b, 1, Katarungang Pambarangay Circular No. 1.
[19] Rule VI, Sec. 14, ibid.
[20] Sec. 416, R.A. 7160.
[21] Sec. 417, ibid.
[22] Sec. 419, ibid.

Barangay conciliation; when not needed - G.R. No. 140528

G.R. No. 140528

"x x x.

Barangay conciliation was not a pre-requisite to the institution of Civil Case No. U4359.
Dr. Rosario contends that Civil Case No. U-4359, the Complaint of the Torbela
siblings for recovery of ownership and possession of Lot No. 356-A, plus damages,
should have been dismissed by the RTC because of the failure of the Torbela siblings
to comply with the prior requirement of submitting the dispute
tobarangayconciliation.
The Torbela siblings instituted Civil Case No. U-4359 onFebruary 13, 1986, when
Presidential Decree No. 1508, Establishing a System of Amicably Settling Disputes
at the Barangay Level, was still in effect.[50] Pertinent provisions of said issuance
read:
Section 2. Subject matters for amicable settlement.The Lupon of each barangay
shall have authority to bring together the parties actually residing in the same city
or municipality for amicable settlement of all disputes except:
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. Offenses punishable by imprisonment exceeding 30 days, or a fine exceeding
P200.00;
4. Offenses where there is no private offended party;
5. Such other classes of disputes which the Prime Minister may in the interest of
justice determine upon recommendation of the Minister of Justice and the Minister
of Local Government.
Section 3. Venue. Disputes between or among persons actually residing in the same
barangay 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. However, all
disputes which involved real property or any interest therein shall be brought in the
barangay where the real property or any part thereof is situated.
The Lupon shall have no authority over disputes:

1. involving parties who actually reside in barangays of different cities or

municipalities, except where such barangays adjoin each other; and
2. involving real property located in different municipalities.
xxxx
Section 6. Conciliation, pre-condition to filing of complaint. No complaint, petition,
action or proceeding involving any matter within the authority of the Lupon as
provided in Section 2 hereof shall be filed or instituted in court or any other
government office for adjudication unless there has been a confrontation of the
parties before the Lupon Chairman or the Pangkat and no conciliation or settlement
has been reached as certified by the Lupon Secretary or the Pangkat Secretary,
attested by the Lupon or Pangkat Chairman, or unless the settlement has been
repudiated. x x x. (Emphases supplied.)
The Court gave the following elucidation on the jurisdiction of the Lupong
Tagapayapa in Tavora v. Hon. Veloso[51]:
The foregoing provisions are quite clear. Section 2 specifies the conditions under
which the Lupon of a barangay shall have authority to bring together the
disputants for amicable settlement of their dispute: The parties must be actually
residing in the same city or municipality. At the same time, Section 3 while
reiterating that the disputants must be actually residing inthe same barangay or
in different barangays within the same city or municipality unequivocably
declares that the Lupon shall have no authority over disputes involving parties
who actually reside in barangays of different cities or municipalities, except where
such barangays adjoin each other.
Thus, by express statutory inclusion and exclusion, the Lupon shall have no
jurisdiction over disputes where the parties are not actual residents of the same city
or municipality, except where the barangays in which they actually reside adjoin
each other.

It is true that immediately after specifying the barangay whose Lupon shall take
cognizance of a given dispute, Sec. 3 of PD 1508 adds:
"However, all disputes which involve real property or any interest therein shall be
brought in the barangay where the real property or any part thereof is situated."
Actually, however, this added sentence is just an ordinary proviso and should
operate as such.

The operation of a proviso, as a rule, should be limited to its normal function, which
is to restrict or vary the operation of the principal clause, rather than expand its
scope, in the absence of a clear indication to the contrary.
The natural and appropriate office of a proviso is . . . to except something from the
enacting clause; to limit, restrict, or qualify the statute in whole or in part; or to
exclude from the scope of the statute that which otherwise would be within its
terms. (73 Am Jur 2d 467.)
Therefore, the quoted proviso should simply be deemed to restrict or vary the rule
on venue prescribed in the principal clauses of the first paragraph of Section 3,
thus: Although venue is generally determined by the residence of the parties,
disputes involving real property shall be brought in the barangay where the real
property or any part thereof is situated, notwithstanding that the parties reside
elsewhere within the same city/municipality.[52](Emphases supplied.)
The original parties in Civil Case No. U-4359 (the Torbela siblings and the spouses
Rosario) do not reside in the same barangay, or in different barangays within the
same city or municipality, or in different barangays of different cities or
municipalities but are adjoining each other. Some of them reside outside Pangasinan
and even outside of the country altogether. The Torbela siblings reside separately in
Barangay Macalong, Urdaneta, Pangasinan; Barangay Consolacion, Urdaneta,
Pangasinan; Pangil, Laguna; Chicago, United States of America; and Canada. The
spouses Rosario are residents of Calle Garcia, Poblacion, Urdaneta, Pangasinan.
Resultantly, the Lupon had no jurisdiction over the dispute and barangay
conciliation was not a pre-condition for the filing of Civil Case No. U-4359.
x x x."
Posted by Philip

Steps to be taken by barangay officials in handling VAWC cases

Under Sec. 47 of the IRR of R.A. 9262, the Barangay Officials shall strictly observe
the following steps in handling VAWC cases at the Barangay level:
a) Upon being informed of an act of VAWC, the barangay official shall immediately
verify the information. If necessary, said official shall seek the assistance of the
police;
b) Respond immediately to a call for help or request for assistance or protection of
the victim-survivor by entering the dwelling whether or not a protection order has
been issued and ensure the safety of the victim-survivors;
c) Interview the victim-survivors and the witnesses to determine the facts,and
inform the victim-survivors of their rights and remedies. Topreserve the testimony of
the victim-survivor and the witnesses, said official should document the interview in
writing or record the testimonies by audio or videotape with the consent of the
victim-survivor;
d) Arrest the perpetrator even without a warrant when any of the acts of violence is
occurring, or when said barangay official has personal knowledge that any act of
abuse has just been committed, and in the presence of imminent danger to the life
or limb of the victim-survivor. The barangay official shall confiscate any deadly
weapon in the possession of the perpetrator or within plain view;
e) Transport or escort the victim-survivor to the nearest hospital, or available
medical facility for treatment and medico-legal examination. Said official shall assist
the victim-survivors to secure the medico-legal report;
f) If the perpetrator is not immediately arrested, advise him or her to temporarily
leave the house to prevent violence, or encourage her/him to go to the barangay
center, DSWD, LGU or NGO, church or other groups that provide counseling for
perpetrators;
g) In the event that the victim-survivors have to be placed in a shelter or a safe
place of their choice, the barangay official shall assist them in taking their personal
belongings and taking their children and transfer them to a shelter or safe place;
h) Report the incident and refer the victim-survivor to the Local Social Welfare and
Development Office of the LGU within four (4) hours from the time of reporting. Said
official shall also report the incident to the Women and Childrens Protection Desk at
the nearest Police Station within the same period;

i) In cases where the victim-survivor applying for a BPO is a minor, any barangay
official shall assist the victim-survivor and shall refer her/him to NGOs, social
workers for counseling, temporary shelter and other support services;
j) Monitor compliance of the respondent with the BPO;
k) Ensure the safety and continued support to the victim-survivor and her family
during the 15-day period;
l) Assist the victim-survivors in filing the appropriate complaint with the PNP Women
and Childrens Protection Desk or other law enforcement agencies;
m) Ensure that all pertinent documents of the said cases are forwarded to the PNP
Women and Childrens Protection Desk;
n) Have a separate logbook for complaints and cases of VAWC and keep this
confidential, always ensuring the privacy of the victims;
o) Shall not attempt to influence the victim-survivor to abandon her claims; and
p) If the relief requested or applied for involves the failure to provide support to the
woman or her children, especially for their education and medical needs, the
Punong Barangay or in his/her absence, any Kagawad, shall call the respondent for
counseling and explain to him his legal obligations to support his wife and/or minor
children. This shall not be construed to mean as a mode of conciliation or mediation
and must be done only with the presence of the respondent, without the victimsurvivor or applicant.
Note: Any barangay official or law enforcer who fails to report the incident of VAWC
to the PNP shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00)
or whenever applicable criminal, civil or administrative liability.
OTHER DUTIES AND FUNCTIONS OF BARANGAY OFFICIALS

In order to eliminate violence against women and their children, barangay

officials shall:

Undertake an education program on Republic Act No. 9262 and on violence

against women and their children and why it exists, the rights and remedies of
victim-survivors, and the duties of residents and all barangay officials;

Have a family violence prevention program, including peer counseling for

men;

Support organizing efforts and development programs for womenin the

community;

Prioritize livelihood projects for victim-survivors;


Involve women in planning and implementation of all programs and projects
in the barangay;

Have an anti-VAWC desk officer in the barangay who shall coordinate a onestop help desk. As much as possible, this help desk shall be open for 24 hours;

Ensure that all barangay officials, barangay health workers, barangay

nutrition scholars, other barangay workers and tanod or barangay security officers
undergo gender sensitivity seminars to enable them to respond to victims of
violence;

Develop a system to document and report cases of VAWC and assistance

program to victims thereof; and

If applicable/necessary, prescribe additional guidelines and standards

provided that these are consistent with R.A. 9262.
IMPORTANT REMINDERS IN THE ISSUANCE OF BPOs

The Punong Barangay or Kagawad shall assist the victim-survivor/ petitioner

in any application for a BPO.

The ex parte determination on the application for a protection order shall

have priority over all proceedings. Barangay officials and the courts shall schedule
and conduct hearings on applications for a protection order above all other business
and, if necessary, suspend other proceedings in order to hear applications for a
protection order. (Sec. 20, R.A. 9262)

The application for a BPO is an ex parte proceeding, which means that no

notice and hearing need be given to the respondent.

The Punong Barangay or kagawad, law enforcers and other government

agencies shall not mediate or conciliate or influence the victim-survivor/petitioner
for a protection order to compromise or abandon the relief sought. Otherwise, they
shall be held administratively liable. (Sec. 33, R.A. 9262)

BPOs shall be effective for fifteen (15) days. It is not extendible.

The application for and issuance of a BPO is free of charge.

The logbook (record of all VAW cases) is confidential and must be kept from
the public especially the media.

The following statement must be printed in bold-faced type or in capital

letters on the protection order issued by the Punong Barangay or court: VIOLATION
OF THIS ORDER IS PUNISHABLE BY LAW. (Sec. 17, R.A. 9262)


Violation of a BPO shall be punishable by imprisonment of thirty (30) days
without prejudice to any other criminal or civil action that the offended party may
file for any of the acts committed. (Sec. 21, R.A. 9262)

Sec. 34. Persons Intervening Exempt from Liability. In every case of violence
against women and their children as herein defined,any person, private individual or
police authority or barangay official who, acting in accordance with law, responds or
intervenes without using violence or restraint greater than necessary to ensure the
safety of the victim, shall not be liable for any criminal, civil or administrative
liability resulting therefrom. (R.A. 9262)
CONFIDENTIALITY
Sec. 44. Confidentiality. All records pertaining to cases of violence against women
and their children including those in the barangay shall be confidential and all public
officers and employees and public or private clinics to hospitals shall respect the
right to privacy of the victim. Whoever publishes or causes to be published, in any
format, the name, address, telephone number, school, business address, employer,
or other identifying information of a victim or an immediate family member, without
the latters consent, shall be liable to the contempt power of the court.
Any person who violates this provision shall suffer the penalty of one (1) year
imprisonment and a fine of not more than Five Hundred Thousand pesos
(P500,000.00). (R.A. 9262)
Section 16. Violation of a Barangay Protection Order.

A complaint for a violation of a BPO issued under the Act must be filed
directly with any Municipal Trial Court, Metropolitan Trial Court, or Municipal Circuit
Trial Court that has territorial jurisdiction over the barangay that issued the BPO.
Violation of a BPO shall be punishable by imprisonment of thirty (30) days without
prejudice to any other criminal or civil action that the offended party may file for
any of the acts committed.

A complaint for a violation of a BPO shall be initiated by the Punong Barangay

or Kagawad who issued the BPO and if he/she is no longer in office or is
incapacitated, a complaint for a violation of the BPO may be filed by any barangay
official. It shall be the primary responsibility of these barangay officials to initiate
complaints for violations of BPOs.

In the event that the Punong Barangay or Kagawad or barangay official

referred to in the preceding paragraph refuses to initiate a complaint for a violation
of a BPO, the victim-survivor/ applicant shall have the right to file such complaint,
without prejudice to the right to file appropriate administrative, civil or criminal
action against the barangay official concerned. (IRR of R.A. 9262)

Section 408 of the Local Government Codeenumerates the kinds of disputes which
are not subject to the Katarungang Pambarangay:

(a) Where one party is the government, or any subdivision or instrumentality

thereof;

(b) Where one party is a public officer or employee, and the dispute relates 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;

(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;

(f) 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;

(g) Such other classes of disputes which the President may determine in the interest
of justice or upon the recommendation of the Secretary of Justice. 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 proprio refer the case to the lupon
concerned for amicable settlement.

Instances when the parties may go directly to court

Section 412, paragraph (a) of the Local Government Code provides a pre-condition
before a complaint can be filed in court: 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
there has been a confrontation between the parties before the lupon chairman or
the pangkat, and 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 unless the settlement has been repudiated by the parties thereto.

Paragraph (b) of the said section however provides for instances whereby the
parties in dispute can go directly to court:
(1) Where the accused is under detention;

(2) Where a person has otherwise been deprived of personal liberty calling for
habeas corpus proceedings;

(3) Where actions are coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property, and support pendente lite;
and

(4) Where the action may otherwise be barred by the statute of limitations.

(c) Conciliation among members of indigenous cultural communities. - The customs

and traditions of indigenous cultural communities shall be applied in settling
disputes between members of the cultural communities.
Sub-paragraph (4) speaks of an exception as to where the action may otherwise be
barred by the statute of limitations. Please read my relevant PDF Prescription and
civil liability which discusses extinction of criminal liability, prescription of the
crime, prescription of the penalty and the period or prescription of crimes

Making grave threats is a crime punishable under our Revised Penal Code (RPC).
Particularly, Article 282 of the RPC penalizes a person who threatens another with
the infliction upon the person, honor or property of the latter or of his family of any
wrong amounting to a crime.
You failed to mention in your letter the precise negative words that your neighbor
hurled at you. If these words amounted to threats of inflicting harm upon your
person, your honor or your property or that of your family amounting to a crime, he
may be held criminally liable thereto.
We want to emphasize that the case should be initiated by the filing of an
appropriate complaint before the Office of the City Prosecutor of Malabon City if
your neighbor made the threats coupled with a demand for money or if he imposed
any other condition, even though such condition is not unlawful. This is true
whether he attained his purpose for such threats, only that the penalty to be
imposed upon him, if he attained his purpose, shall be that which is next lower in
degree than that prescribed by law for the crime he threatened to commit. If he did
not attain his purpose, the penalty lower by two degrees shall be imposed upon him
(Article 282 (1), RPC).
You and your neighbor, however, must undergo barangay conciliation if the threats
uttered by him were not made subject to a condition. The reason behind this is that
such kind of crime now comes within the jurisdiction of the barangay considering
that the penalty imposed thereto by law is arresto mayor, that is, imprisonment
from one month and one day to six months, and a fine not exceeding 500 pesos
(Article 282 (2), RPC). Consistent with Section 412 in relation to Section 408 (c) of
RA 7610, offenses which are punishable by imprisonment not exceeding one (1)
year or a fine not exceeding Five Thousand Pesos (P5,000.00) must first be acted
upon before the barangay.
Accordingly, it would be essential for you to file your complaint against your
neighbor before your barangay. Both of you will be summoned to appear before the
lupon chairman or the pangkat to address your concerns. If after several hearings,
no amicable settlement is reached between you and your neighbor, a Certificate to

File Action will be issued in your favor so that you may properly bring your
complaint before the Office of the City Prosecutor of Malabon City.
We hope that we were able to answer your queries. Please be reminded that this
advice is based solely on the facts you have narrated and our appreciation of the
same. Our opinion may vary when other facts are changed or elaborated.