KATARUNGANG PAMBARANGAY LAW

A. CASES COVERED

RA 7160, Section 412 (a) -

“Pre-condition to Filing of Complaint 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.”

Administrative Circular No. 14-93, par. 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Pambarangay Law (formerly P.D. 1508, repealed and now replaced by Secs. 399-422, Chapter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”, subject to certain exceptions.

General Rule: All disputes are subject to Barangay Conciliation.

! This means that prior recourse to barangay conciliation, for confrontation between the
parties, is required before filing a complaint in court or any government offices.

Exceptions: (under letter D “When parties may directly go ot court” herein)

How to determine if there has been a compliance with the above?

! A certification to file action shall be issued by Barangay authorities upon compliance with
par. II of AC No. 14-93.

What is the effect of failure to comply with Barangay Conciliation?

! The case may be dismissed on the ground of “failure to comply with a condition precedent
for filing the claim” under Rule 8, Sec. 12(a)(5) of the New Rules on Civil Procedure (A.M.
No. 19-10-20-SC), when a defendant raises this as an affirmative defense in his answer.

What is the remedy of the plaintiff?

! The plaintiff’s remedy is to refile the action considering that the dismissal upon failure to
comply with a condition precedent is without prejudice to the refiling of the complaint under
Rule 15, Sec. 13 (A.M. No. 19-10-20-SC) and the order of dismissal without prejudice is
not appealable under Rule 41, Sec. 1.

What is the effect if a party fails to raise the issue of lack of barangay conciliation?
 ! Even if a case is required to be referred to a barangay conciliation, the non-referral of a
case to such is not jurisdictional in nature, and may hence be deemed waived if not raised
seasonably as an affirmative defense in the answer.

Referral to barangay conciliation only applies to:

! Cases involving natural persons, and not where any of the parties is a juridical person
! Cases involving “actual resident” of barangays provided under the law, and not where the
respondent is a non-resident.

B. SUBJECT MATTER FOR AMMICABLE SETTLEMENT

RA. 7160, Section 408. Subject Matter for Amicable Settlement; Exception Thereto. – 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:
(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.

The purpose of Barangay Conciliation is to create an amicable settlement or a compromise

agreement.
! This amicable settlement or compromise agreement has the force and effect of law.

What if consent has been vitiated in the amicable settlement or compromise agreement?
! The party whose consent has been vitiated may repudiate the amicable settlement by
filing an affidavit of repudiation before the local lupon chairman within 10 days from the
date of amicable settlement alleging that the compromise agreement was vitiated.
 ○ After the submission of affidavit of repudiation, the party can now ask for the filing
of the certification to file an action.
! After the 10-day period, a party has the remedy to annul the amicable settlement by filing
a petition to nullify the award before the MTC.

C. VENUE

Sec. 409 of RA 7160

a) Between persons actually residing in the same barangay - amicable settlement before the
lupon of said barangay
b) Involving actual residents of different barangays within the same city or municipality - barangay
where the respondent or any of the respondents actually resides, at the election of the complaint
c) Involving real property or any interest therein - barangay where the real property or the larger
portion thereof is situated
d) Arising at the workplace where the contending parties are employed or at the institution where
such parties are enrolled for study - barangay where such workplace or institution is located.
xxx xxx xxx

! Objections to venue - in the mediation proceedings before the punong barangay;

otherwise it is deemed waived.
! Legal question in resolving objections to venue - Secretary of Justice, or his duly
designated representative

D. WHEN PARTIES MAY DIRECTLY GO TO COURT

Sec. 412 (b) of RA 7160:

Where Parties May Go Directly to Court. - The parties may go directly to court in the following
instances:

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.
Under Admin Circular 14-93: All disputes are subject to Barangay conciliation pursuant to the
Revised Katarungang Pambarangay Law and prior recourse thereto is a pre-condition before filing
a complaint in court or any government offices, except in the following disputes:

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, partnership 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 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:
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 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) (Sec. 46
& 47, R.A. 6657);
11. Labor disputes or controversies arising from employer-employee relations
12. Actions to annul judgment upon a compromise which may be filed directly in court

Notes:

RA 7160, Sec. 412(b)(2) states that barangay conciliation is not necessary “where a person has
otherwise been deprived of personal liberty calling for habeas corpus proceedings.”
! By analogy, barangay conciliation is also not necessary before one can file a petition for
writ of amparo and petition for habeas data.
E. EXECUTION

Section 417. Execution. - The amicable settlement or arbitration award may be enforced by
execution by the lupon within six (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.

When can an amicable settlement or arbitration award be enforced?

Amicable settlement entered into by the parties therein or arbitration award may be:
1) Enforced by execution by lupon within 6 months from the date of settlement: and
2) After the lapse of such time, the settlement may be enforced by action in the
appropriate city or municipal court.

F. REPUDIATION

Ø Repudiation is an act of rejecting the validity or refusing to accept the terms and
conditions of agreement on the ground of vitiation of consent by fraud, violence or
intimidation.

Section 413, R.A. 7160

Section 413. Arbitration. – (a) The parties may, at any stage of the proceedings, agree in writing
that they shall abide by the arbitration award of the lupon chairman or the pangkat. Such
agreement to arbitrate may be repudiated within five (5) days from the date thereof for the same
grounds and in accordance with the procedure hereinafter prescribed. The arbitration award
shall be made after the lapse of the period for repudiation and within ten (10) days
thereafter.

(b) The arbitration award shall be in writing in a language or dialect known to the parties. When
the parties to the dispute do not use the same language or dialect, the award shall be written in
the language or dialect known to them.
 FLOW CHART FOR AMICABLE SETTLEMENT

• Mediation by Lupon
Chiarman; if Lupon
Barangay
Chairman fails then,
Settlement
Conciliation by
Prcoeedings
Pangkat
Tagapagkasundo

• Within 15 days from

Amicable the day the Pangkat
Settlement convenes (Sec. 410
[e])

• Within 10 days from

Repudiation of
the date of settlement
Settlement
(Sec. 418)
• Issued by the Lupon
Secretary or Pangkat
Secretary
Certification
to File Action • When there is a
settlement but later
repudiated by
complainant

FLOW CHART FOR ARBITRATION

• The parties agree in

Agreement to
writing to abide by the
Arbitrate
arbitration award

Repudiation of • Within 5 days from

Agreement to agreement to
Arbitrate arbitrate

• Within 10 days after

Arbitration
the lapse of the
Award
period of repudiation

• Petition to Nullify
the Arbitration Award
filed before the
Nullification proper city or
of Arbitration municipal court
Award • Within 10 days from
the date of the
arbitration award
(Sec. 416)

Note: There are two methods of dispute resolution in the Katarungang Pambarangay which are
Barangay Conciliation Proceedings (Amicable Settlement) and Arbitration
Q: What is the effect of an arbitration award?

A: The arbitration award shall have the force and effect of a final judgment of a court upon the
expiration of ten (10) days from the date of its execution, unless the settlement or award has
been repudiated or a petition to nullify the award has been filed before the proper city or
municipal court (Section 416, R.A. 7160).

Q: How is repudiation being made?

A: Yes. Any party to the dispute may, within ten (10) days from the date of the settlement,
repudiate the same by filing with the lupon chairman a statement to that effect sworn to before
him, where the consent is vitiated by fraud, violence, or intimidation (Section 418, R.A. 7160).

Q: What is the effect of the filing of the repudiation?

A: Such repudiation shall be sufficient basis for the issuance of the certification for filing a
complaint (Section 418, R.A. 7160).

Q: What is the effect if a party fails to repudiate within the prescribed period?

A: Failure to repudiate the settlement or the arbitration agreement within the time limits
respectively set (10 days from the date of settlement and 5 days from the date of arbitration
agreement) shall be deemed a waiver of the right to challenge on said grounds (Section 416,
R.A. 7160).

Q: What happens next if there is no repudiation?

The secretary of the lupon shall transmit the settlement or the arbitration award to the appropriate
city of municipal court within five (5) days from the date of the award or from the lapse of the ten-
day period repudiating the settlement and shall furnish copies thereof to each of the parties to the
settlement and the lupon chairman (Section 419, R.A. 7160).

Q: Can an arbitral decision or award be repudiated?

A: Yes. Any party to the dispute may, within ten (10) days from the date of the settlement,
repudiate the same by filing with the lupon chairman 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 (Section 418, R.A. 7160).
Q: What is the effect if a party fails to repudiate within the prescribed period?

A: Failure to repudiate the settlement or the arbitration agreement within the time limits
respectively set (10 days from the date of settlement and 5 days from the date of arbitration
agreement) shall be deemed a waiver of the right to challenge on said grounds.

When repudiation is not applicable

Repudiation of settlement or the nullification of the arbitration award is not available in the
conciliation of a dispute referred by a court to the lupon for amicable settlement.
The compromise settlement agreed to by the parties shall be submitted to the court and upon
approval thereof, have the force and effect of a judgment of the said court. (Sections 408 (g) and
416, R.A. 7160).

Remedy when the amicable settlement is repudiated by one party, either expressly or
impliedly:
1. To enforce the compromise according to the LGC or the ROC as the case may be; or
2. To consider it rescinded and insist upon his original demand, in accordance with Art.
2041 of the Civil Code (Miguel v. Montanez, G.R. No. 191336, January 25, 2012)

Non – compliance with the terms and conditions of a Kasunduang Pag – aayos as
Repudiation
The non – compliance with the terms and conditions of a Kasunduang Pag – aayos may be
construed as repudiation because it denotes that the respondent did not intend to be bound by
the terms thereof, thereby negating the very purpose for which it was executed