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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which repealed P. D. 1508,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: chanroble s 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1508, repealed and now replaced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: chanroble s 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:chanroble s 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: chanroble svirtuallawlibrary

[a] a
confrontation of
the parties took
place but no
conciliation/settl
ement 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.

[Sgd.] ANDRES R. NARVASA

Chief Justice