Barangay Conciliation Proceedings
Before a case can be brought to the court, the parties are mandated by the law to bring their case before the Katarungang Pambarangay, subject to certain exceptions.
Section 412 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991 (LGC) provides:
“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 by the lupon or pangkat chairman or unless the settlement has been repudiated by the parties thereto.”
The lupon of each Barangay, pursuant to Section 408 (LGC), 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 on eparty 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 (PHP 5,000.00);
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.
Where to file:
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 complainant;
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; otherwise, the same shall be deemed waived. Any legal question which may confront the Punong Barangay in resolving objections to venue herein referred to may be submitted to the Secretary of Justice, or his duly designated representative, whose ruling thereon shall be binding. (Section 409, LGC) (Emphasis supplied.)
EFFECT OF AMICABLE SETTLEMENT AND ARBITRATION AWARD (Section 416, LGC):
The amicable settlement and 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 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.
However, this provision shall not apply to court cases settled by the lupon under the last paragraph of Section 408 of the Local Government Code, in which case the compromise settlement agreed upon by the parties before the lupon chairman or the pangkat chairman shall be submitted to the court and upon approval thereof, have the force and effect of a judgment of said court.
REPUDIATION (Section 418, LGC):
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 intimidaton. Such repudiation shall be sufficient basis for the issuance of the certification for filing a complaint.
The party’s failure to repudiate the settlement within the period of ten (10) days shall be deemed a waiver of the right to challenge the settlement on the ground that his/her consent was vitiated by fraud, violence or intimidation. (Section 14, Rule VI of the Katarungang Pambarangay Implementing Rules)
TWO-TIERED MODE OF ENFORCEMENT OF AN AMICABLE SETTLEMENT (Section 417, LGC)
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.
Likewise, the Supreme Court, through Justice Brion, held:
“An amicable settlement or arbitration award that is not repudiated within a period of ten (10) days from the settlement may be enforced by: first, execution by the Lupon within six (6) months from the date of settlement; or second, by an action in the appropriate city or municipal trial court IF MORE THAN SEX (6) months from the date of settlement has already elapsed.” (Sebastian v. Ng, G.R. No. 164594, April 22, 2015)
To reiterate, after the lapse of six (6) month period from the date of the settlement, the agreement may be enforced by action in the appropriate city or municipality.
Under the first mode of enforcement, the execution of an amicable settlement could be done on mere motion of the party entitled thereto before the Punong Barangay. The proceedings in this case are summary in nature and are governed by the Local Government Code and the Katarungang Pambarangay Implementing Rules and Regulations.
The second mode of enforcement, on the other hand, is judicial in nature and could only be resorted to through the institution of an action in a regular form before the proper City/Municipal Trial Court. The proceedings shall be governed by the Rules of Court.
DISCLAIMER:
The foregoing information is provided as general information. It should not be considered as legal advice. The same does not intend to solicit legal services. Finally, this article is not provided in the course of any attorney-client relationship between the herein author and anobody who views it.
