Katarungang Pambarangay Law

Katarungang Pambarangay Law
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January 1, 1992 and which repealed P. D. 1508, introduced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.
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:
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repealed and now replaced by Secs. 399-422, Chapter VII, Title I,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
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[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
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[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:c
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[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:cha
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[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

law
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
rary
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:
"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
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Katarungang Pambarangay Law

ADMINISTRATIVE CIRCULAR NO. 14-93

TO: ALL REGIONAL TRIAL COURTS, METROPOLITAN

The Revised Katarungang Pambarangay Law under R. A. 7160,

I. All disputes are subject to Barangay conciliation pursuant to the

[4] Any complaint by or against corporations, partnerships or juridical

[5] Disputes involving parties who actually reside in barangays of different

[6] Offenses for which the law prescribes a maximum penalty of

[7] Offenses where there is no private offended party;

[b] Petitions for habeas corpus by a person illegally deprived of his

[c] Actions coupled with provisional remedies such as preliminary

[11] Labor disputes or controversies arising from employer-employee

[12] Actions to annul judgment upon a compromise which may be filed

II.Under the provisions of R. A. 7160 on Katarungang Pambarangay

[2] Issued by the Pangkat Secretary and attested by the Pangkat

[b] that no personal confrontation took place before the

[3] Issued by the Punong Barangay as requested by the proper

[4] If mediation or conciliation efforts before the Punong

Barangay proved unsuccessful, there having been no agreement

III. All complaints and/or informations filed or raffled to your

IV. A case filed in court without compliance with prior Barangay

Strict observance of these guidelines is enjoined. This

Manila, Philippines; July 15, 1993.

[Sgd.] ANDRES R. NARVASA

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