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Code of 1991, effective on January 1, 1992 and which repealed P. D.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:red
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Law [formerly P. D. 1508, repealed and now replaced by Secs. 399-422,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:red
[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:red 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:red 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.
[Sgd.]
ANDRES
R. NARVASAChief
Justice |