Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1989 > June 1989 Decisions > G.R. No. 85475 June 30, 1989 - MANUEL A. RAMOS v. COURT OF APPEALS, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 85475. June 30, 1989.]

MANUEL A. RAMOS, Petitioner, v. THE HONORABLE COURT OF APPEALS and DOMINGO RAMOS, Respondents.


SYLLABUS


1. REMEDIAL LAW; ACTION; P.D. 1508; PURPOSES. — One purpose of P.D. 1508 is precisely to effect a confrontation between the parties in the hope that they can resolve their differences without resort to the courts of justice. It remains to add that the other purpose of the Katarungang Pambarangay Law is to relieve the trial courts of cases among neighbors that hopefully can be settled through the mediation of their peers in peaceful and even friendly confrontations. This purpose could be defeated if such cases were allowed immediate access to the already clogged judicial dockets simply because one of the parties is unwilling to submit to justice at the barangay level.

2. ID.; ID.; MEDIATION PROCEEDING SHOULD NOT END BEFORE THE PUNONG BARANGAY; CERTIFICATION ISSUED WITHOUT CONVERTING THE PANGKAT, PREMATURE. — It is clear from the above rules that the dispute should not have ended with the mediation proceedings before the Punong Barangay because of his failure to effect a settlement between the brothers. It was not for the Punong Barangay to say that referral to the Pangkat was no longer necessary merely because he himself had failed to work out an agreement between the petitioner and the private Respondent. Indeed, it is possible that the Pangkat could have exerted more efforts and succeeded (where he had not) in resolving the dispute. The Punong Barangay could in fact have even issued summons to compel the attendance of Domingo Ramos, who was the complainant himself, in the mediation hearing. It seems the Punong Barangay had not tried hard enough. In any event, the certification he issued was certainly premature and did not authorize immediate recourse to judicial action.

3. ID.; ID.; ID.; FAILURE OF COMPLAINANT TO APPEAR BEFORE THE PUNONG BARANGAY, BARS HIM FROM SEEKING JUDICIAL RECOURSE FORM THE SAME CAUSE OF ACTION. — Manuel Ramos, the respondent in the barangay proceedings, who actually appeared therein and is now invoking the non-appearance of Domingo Ramos, the complainant himself. Domingo, the herein private respondent, is the party who did not appear to support his own complaint before the Punong Barangay. He invoked the Punong Barangay’s jurisdiction and then disregarded it. Under Section 4(d), he is now barred, as complainant in the barangay proceedings, "from seeking judicial recourse for the same cause of action."cralaw virtua1aw library

4. ID.; ID.; ID.; APPEARANCE OF PARTY THROUGH A REPRESENTATIVE, NOT ALLOWED. — Domingo argues that he did appear through his wife, but this was not permitted by P.D. No. 1508. Its Section 9 requires appearance of parties in person.

5. ID.; ID.; ID.; MERE REFUSAL OF COMPLAINANT TO APPEAR AT THE CONFRONTATION DOES NOT SUFFICE THE NON-CONVENTION OF THE PANGKAT. — In Alinsugay, the Court said that "where one party fails to appear for no justifiable reason, convening the Pangkat as a necessary second step will serve no useful purpose." True, but we must stress the word justifiable. Mere refusal to appear at the confrontation as required by the law, when the party invoking P.D. 1508 is the one who disregarded it, is not a justifiable reason.


D E C I S I O N


CRUZ, J.:


Domingo Ramos authorized his brother Manuel Ramos to sell his share of certain lands owned by them in common with their other brothers and sisters. Manuel did. Later, Domingo revoked the power of attorney and demanded an accounting from Manuel. Manuel refused. Domingo then filed a complaint with the Punong Barangay of Pampanga, Buhangin District, City of Davao, which was docketed as Case No. 008-87. 1 The Punong Barangay scheduled a hearing on March 14, 1987. 2 Manuel appeared but Domingo did not. He was represented, however, by his wife who said her husband wanted to avoid a direct confrontation with his brother. 3 She requested that the Punong Barangay issue a certification that no settlement had been reached so a complaint could be filed in court. The Punong Barangay complied. 4 Thereupon, Domingo sued Manuel in the Regional Trial Court of Davao City, also for accounting, in Civil Case No. 18560-87.

Manuel moved to dismiss the complaint on the ground of non-compliance with the requirements of P.D. No. 1508. Specifically, he cited the failure of the Punong Barangay to refer the dispute to the Pangkat ng Tagapagkasundo after the unsuccessful mediation proceedings convened by him. The motion was denied. 5 Manuel then filed with this Court a petition for certiorari which we referred to the Court of Appeals. That court denied the petition. It held that there was no need for such referral because Domingo had clearly indicated, by his refusal to appear before the Punong Barangay, that no extrajudicial settlement was possible between him and his brother. 6 Manuel is now before us to question this decision.cralawnad

We hold for the petitioner.

The applicable provisions of P.D. No. 1508 (with Emphasis supplied) are as follows:chanrob1es virtual 1aw library

SEC. 4. Procedure for amicable settlement. —

a) Who may initiate proceedings. — Any individual who has a cause of action against another individual involving any matter within the authority of the Lupon as provided in Section 2 may complain orally or in writing, to the Barangay Captain of the barangay referred to in Section 3 hereof.

b) Mediation by Barangay Captain. — Upon receipt of the complaint, the Barangay Captain 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 interests. If he fails in his effort within fifteen (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 Section 1 of this Decree.

c) Hearing before the Pangkat. — The Pangkat shall convene not later than three (3) days from its constitution, on the day and hour set by the Barangay Captain, 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.

x       x       x


d) Sanctions. — Refusal or willful failure of any party or witness to appear in compliance with the summons issued pursuant to the preceding two (2) paragraphs may be punished by the city or municipal court as for indirect contempt of court upon application filed therewith by the Lupon Chairman, the Pangkat Chairman, or by any of the parties. Further, such refusal or willful failure to appear shall be reflected in the records of the Lupon Secretary or in the minutes of the Pangkat Secretary and shall bar the complainant from seeking judicial recourse for the same cause of action, and the respondent, from filing any counterclaim arising out of or necessarily connected therewith.

x       x       x


SEC. 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.

It is clear from the above rules that the dispute should not have ended with the mediation proceedings before the Punong Barangay because of his failure to effect a settlement between the brothers. One purpose of P.D. 1508 is precisely to effect a confrontation between the parties in the hope that they can resolve their differences without resort to the courts of justice. Obviously, this purpose would be nullified if the matter were to be considered closed simply because either of the parties refuses to confront the other.chanrobles lawlibrary : rednad

It was not for the Punong Barangay to say that referral to the Pangkat was no longer necessary merely because he himself had failed to work out an agreement between the petitioner and the private Respondent. Indeed, it is possible that the Pangkat could have exerted more efforts and succeeded (where he had not) in resolving the dispute. The Punong Barangay could in fact have even issued summons to compel the attendance of Domingo Ramos, who was the complainant himself, in the mediation hearing. It seems the Punong Barangay had not tried hard enough. In any event, the certification he issued was certainly premature and did not authorize immediate recourse to judicial action.

The case of Alinsugay v. Cagampang, 7 which was applied by respondent court, is not on all fours with the petition at bar. There the parties claiming non-compliance with P.D. 1508 were the very parties who did not appear at the mediation proceedings before the Punong Barangay. The defendants in the case were the respondents who had earlier disregarded the Katarungang Pambarangay Law and were later inconsistently invoking its provisions.

In the case before us, it is Manuel Ramos, the respondent in the barangay proceedings, who actually appeared therein and is now invoking the non-appearance of Domingo Ramos, the complainant himself. Domingo, the herein private respondent, is the party who did not appear to support his own complaint before the Punong Barangay. He invoked the Punong Barangay’s jurisdiction and then disregarded it. Under Section 4(d), he is now barred, as complainant in the barangay proceedings, "from seeking judicial recourse for the same cause of action."cralaw virtua1aw library

Domingo argues that he did appear through his wife, but this was not permitted by P.D. No. 1508. Its Section 9 reads:chanrobles law library : red

Appearance of parties in person. — In all proceedings provided for herein, the parties must appear in person without the assistance of counsel/representative, with the exception of minors and incompetents who may be assisted by their next of kin who are not lawyers.

In Alinsugay, the Court said that "where one party fails to appear for no justifiable reason, convening the Pangkat as a necessary second step will serve no useful purpose." True, but we must stress the word justifiable. Mere refusal to appear at the confrontation as required by the law, when the party invoking P.D. 1508 is the one who disregarded it, is not a justifiable reason.

It remains to add that the other purpose of the Katarungang Pambarangay Law is to relieve the trial courts of cases among neighbors that hopefully can be settled through the mediation of their peers in peaceful and even friendly confrontations. This purpose could be defeated if such cases were allowed immediate access to the already clogged judicial dockets simply because one of the parties is unwilling to submit to justice at the barangay level.

WHEREFORE, the petition is GRANTED and the appealed decision is REVERSED. The respondent judge is ordered to DISMISS Civil Case No. 18560-87. Costs against the private Respondent.

SO ORDERED.

Narvasa, Gancayco, Griño-Aquino and Medialdea, JJ., concur.

Endnotes:



1. Rollo, p. 70.

2. Ibid.

3. Id., p. 107.

4. Id., p. 52.

5. Id., pp. 62-64, per Judge Milagros C. Nartatez.

6. Id., pp. 69-72; penned by Herrera, M., J., with Melo and Imperial, JJ., concurring.

7. 143 SCRA 146.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






June-1989 Jurisprudence                 

  • G.R. No. 78852 June 5, 1989 - PEOPLE OF THE PHIL. v. GUILLERMO EGLIPA

  • G.R. No. 84148 June 5, 1989 - PEOPLE OF THE PHIL. v. PEDRO A. ESTILLERO

  • G.R. No. 85624 June 5, 1989 - CATHAY INSURANCE CO., INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 51543 June 6, 1989 - EMILIA VDA. DE INGUILLO v. EMPLOYEES’ COMPENSATION COMMISSION, ET AL.

  • G.R. No. 54427 June 6, 1989 - BLUE BAR COCONUT PHILS., INC. v. MINISTER OF LABOR

  • G.R. No. 57576 June 6, 1989 - NATIONAL ONION GROWERS COOPERATIVE MARKETING ASSOCIATION, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 63609 June 6, 1989 - PEOPLE OF THE PHIL. v. ANICIO MASONGSONG

  • G.R. No. 74352 June 6, 1989 - PEOPLE OF THE PHIL. v. ELPIDIO CABADING

  • G.R. No. 81951 June 6, 1989 - ANTONIO DE ZUZUARREGUI, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 51283 June 7, 1989 - LOURDES MARIANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 66039 June 8, 1989 - PEOPLE OF THE PHIL. v. ROLLY VILLAFLORES

  • G.R. No. 74553 June 8, 1989 - SERVICEWIDE SPECIALISTS, INCORPORATED v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 74515 June 14, 1989 - PEOPLE OF THE PHIL. v. BERTITO TRIGO

  • G.R. No. 83263 June 14, 1989 - UY HOO AND SONS REALTY DEVELOPMENT CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 83581 June 14, 1989 - PHILIPPINE FEEDS MILLING CO., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 66257 June 20, 1989 - PEOPLE OF THE PHIL. v. FELICISIMA A. BASILAN

  • G.R. No. 79303 June 20, 1989 - ARCANGEL GENOBLAZO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 80435 June 20, 1989 - PEOPLE OF THE PHIL. v. GIL CACCAM

  • G.R. No. 80778 June 20, 1989 - PEOPLE OF THE PHIL. v. PEDRO T. SANTIAGO

  • G.R. No. 81147 June 20, 1989 - VICTORIA BRINGAS PEREIRA v. COURT OF APPEALS, ET AL.

  • G.R. No. 82039 June 20, 1989 - ANTONIO MARTINEZ, ET AL. v. EUFROCINIO S. DE LA MERCED, ET AL.

  • G.R. No. 85323 June 20, 1989 - PHILIPPINE NATIONAL CONSTRUCTION CORP. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 49834 June 22, 1989 - PAULINO SORIANO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 77969 June 22, 1989 - PEOPLE OF THE PHIL. v. PATRICK DE LUNA

  • G.R. No. 79156 June 22, 1989 - ISIDRO ANIMOS, ET AL. v. PHILIPPINE VETERANS AFFAIRS OFFICE, ET AL.

  • G.R. No. 80975 June 22, 1989 - RURAL BANK OF COTABATO, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 83809 June 22, 1989 - PEOPLE OF THE PHIL. v. SAID M. SARIOL

  • G.R. No. 87193 June 23, 1989 - JUAN GALLANOSA FRIVALDO v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 80160 June 26, 1989 - FELICISIMO T. SAN LUIS, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. P-87-120 June 26, 1989 - ADORACION G. ANGELES v. ELIZABETH CASAÑAS

  • G.R. No. 55285 June 28, 1989 - PEOPLE OF THE PHIL. v. SIXTO S. BAYOCOT

  • G.R. No. 60705 June 28, 1989 - INTEGRATED REALTY CORPORATION, ET AL. v. PHILIPPINE NATIONAL BANK, ET AL.

  • G.R. No. 71393 June 28, 1989 - MANILA ELECTRIC COMPANY v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. Nos. 72772-73 June 28, 1989 - RICARDO R. MANALAD, ET AL. v. CRESENCIANO B. TRAJANO, ET AL.

  • G.R. Nos. 75109-10 June 28, 1989 - BIENVENIDA MACHOCA ARCADIO VDA. DE CRUZO, ET AL. v. GLICERIO V. CARRIAGA, JR., ET AL.

  • G.R. No. 78062 June 28, 1989 - VETERANS PHILIPPINE SCOUT SECURITY AGENCY v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 80364 June 28, 1989 - JULITA ROBLEZA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 81953 June 28, 1989 - CANDIDA DE LA CRUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 84606 June 28, 1989 - RAMON A. GONZALES, ET AL. v. SUGAR REGULATORY ADMINISTRATION

  • G.R. No. 85343 June 28, 1989 - PHILTRANCO SERVICE ENTERPRISES v. BUREAU OF LABOR RELATIONS

  • G.R. No. 36213 June 29, 1989 - FELlX GONZALES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 48049 June 29, 1989 - EMILIO TAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 53824 June 29, 1989 - GELMART INDUSTRIES PHILS., INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 54079 June 29, 1989 - REMIGIO NILLO v. COURT OF APPEALS, ET AL.

  • G.R. No. 56679 June 29, 1989 - ROBERTO TUGBANG v. COURT OF APPEALS, ET AL.

  • G.R. No. 67858 June 29, 1989 - PEOPLE OF THE PHIL. v. JULIAN E. MENDOZA

  • G.R. No. 70713 June 29, 1989 - PEOPLE OF THE PHIL. v. BARTOLOME GALANG

  • G.R. No. 72714 June 29, 1989 - MELECIO V. EMATA v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 77415 June 29, 1989 - ASIAN DESIGN AND MANUFACTURING CORPORATION v. PURA FERRER-CALLEJA

  • G.R. No. 79787 June 29, 1989 - APOLONIO EGAO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 81157 June 29, 1989 - RICARDO M. JAVIER, ET AL. v. LEON MADAMBA, JR., ET AL.

  • G.R. No. 81939 June 29, 1989 - PANAY ELECTRIC CO., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 82467 June 29, 1989 - SAN MIGUEL CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 82761 June 29, 1989 - JOSE DANTE, ET AL. v. MARIA P. SISON, ET AL.

  • G.R. Nos. 82805 & 83225 June 29, 1989 - BRIAD AGRO DEVELOPMENT CORPORATION v. DIONISIO DELA SERNA, ET AL.

  • G.R. Nos. 82866-67 June 29, 1989 - PHIL. ASSOCIATED SMELTING AND REFINING CORP. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 84415 June 29, 1989 - DIONISIA C. SANTE v. EMPLOYEES’ COMPENSATION COMMISSION

  • G.R. No. 84850 June 29, 1989 - RICARDO A. LLAMADO v. COURT OF APPEALS, ET AL.

  • A.M. No. R-465 MTJ June 29, 1989 - MAMERTA NIDUA v. CORNELIO LAZARO

  • G.R. No. 38354 June 30, 1989 - BEL AIR VILLAGE ASSOCIATION, INC. v. VIRGILIO V. DIONISIO

  • G.R. No. 39975 June 30, 1989 - FRANCISCA MADARCOS, ET AL. v. EUFROCINIO S. DE LA MERCED, ET AL.

  • G.R. No. 62641 June 30, 1989 - CASIANO MAGISTRADO v. EMPLOYEES’ COMPENSATION COMMISSION, ET AL.

  • G.R. No. 74522 June 30, 1989 - PEOPLE OF THE PHIL. v. ANASTACIO B. BONEO, ET AL.

  • G.R. No. 76733 June 30, 1989 - EASTMAN CHEMICAL INDUSTRIES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 78909 June 30, 1989 - MATERNITY CHILDREN’S HOSPITAL v. SECRETARY OF LABOR, ET AL.

  • G.R. No. 80116 June 30, 1989 - IMELDA MANALAYSAY PILAPIL v. CORONA IBAY-SOMERA, ET AL.

  • G.R. No. 83834 June 30, 1989 - PHILIPPINE AIRLINES INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 83888 June 30, 1989 - PEOPLE OF THE PHIL. v. JOSE C. QUINTANA, ET AL.

  • G.R. No. 84502 June 30, 1989 - CHRISTIAN CHILDREN’S FUND v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 85475 June 30, 1989 - MANUEL A. RAMOS v. COURT OF APPEALS, ET AL.