Barangay Justice Process

In civil cases, there must be reference of the dispute to the barangay for conciliation and mediation, previously governed by PD 1508 but now under the Local Government Code.
“ No complaint or petition shall be filed in court without going through barangay conciliation” is a mandatory requirement in civil disputes:

1.The parties involved must be natural persons. Judicial persons cannot apply.
2.The parties of the controversy must be residing in the same city/municipality.
EXCEPTIONS: They are residents of adjoining barangays and they agree to the barangay justice process.
3.Real properties subject of dispute are located or situated in the same city/municipality where the parties reside.

SC Circular 1493 – admonishing clerks of courts not to accept a case without certification from the barangay secretary on conciliation/mediation undergone by the parties. If there was conciliation/mediation, failure to yield positive results.

Instances when the law allows direct filing in court even if under the requirement of barangay conciliation:
Involves a public officer and the dispute refers to the performance of his public function.
Case calls for any provisional remedy.
When the cause of action is about to prescribe.
When the controversy involves the liberty of a person who is being held in custody of another calling for writ of habeas corpus.
Under these instances, the parties are allowed to file the case directly in court because time is of the essence.

With the clogging of cases in the dockets of the courts, alternative dispute resolutions are being resulted to. The barangay, where one of the parties resides shall be the venue of the case of the katarungang pambarangay. If the subject of the dispute is a real property, the venue is the barangay where it is situated. If said real property is situated in two adjoining barangays, the venue will be any of the adjoining barangay where a portion of the land is situated.

The legal effect of the decision arrived at the katarungang pambarangay is that, the execution of the decision may not be issued by the barangay concerned. Petition to enforce the execution of the judgment shall be filed before the court having territorial jurisdiction. The court, under its discretion, may order a case for barangay conciliation or arbitration.

If no conciliation was arrived at, or if the barangay process does not apply, the commencement of the action in court should be initiated.

After an unsuccessful arbitration, the barangay secretary shall issue a certification to that effect.

Term:

Katarungang Pambarangay Law - provides for the settlement of disputes between individual residents of the same city or municipality, thru mediation, arbitration or conciliation, before the Katarungang Pambarangay.

Question of the Day:

May a corporation be impleaded as a party to a barangay conciliation proceeding? Why?