Civil Procedure

Notes Week 1
CIRCULAR NO. 14-93 July 15, 1993 Guidelines 3. Where the dispute involves real properties located
on the Katarungang Pambarangay in different cities and municipalities, unless the parties
TO: ALL REGIONAL TRIAL COURTS, thereto agree to submit their difference to amicable
METROPOLITAN TRIAL COURTS, MUNICIPAL settlement by an appropriate Lupon;
TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL
COURTS 4. Any complaint by or against corporations,
partnership or juridical entities, since only individuals
SUBJECT: GUIDELINES ON THE KATARUNGANG shall be parties to Barangay conciliation proceedings
PAMBARANGAY CONCILIATION PROCEDURE TO either as complainants or respondents (Sec. 1, Rule
PREVENT CIRCUMVENTION OF THE REVISED VI, Katarungang Pambarangay Rules);
KATARUNGANG PAMBARANGAY LAW (SECTIONS
399-422, CHAPTER VII, TITLE I, BOOK III, R.A. 5. Disputes involving parties who actually reside in
7160. OTHERWISE KNOWN AS THE LOCAL barangays of different cities or municipalities, except
GOVERNMENT CODE OF 1991). where such barangay units adjoin each other and the
parties thereto agree to submit their differences to
The Revised Katarungang Pambarangay Law under R.A. amicable settlement by an appropriate Lupon;
7160, otherwise known as the local Government Code of 1991,
effective on January 1, 1992, and which repealed P.D. 1508, 6. Offenses for which the law prescribes a maximum
introduced substantial changes not only in the authority penalty of imprisonment exceeding one (1) year or a
granted to the Lupong Tagapamayapa but also in the fine over five thousand pesos (P5,000.00);
procedure to be observed in the settlement of disputes within
the authority of the Lupon. 7. Offenses where there is no private offended party;

In order that the laudable purpose of the law may not be 8. Disputes where urgent legal action is necessary to
subverted and its effectiveness undermined by indiscriminate, prevent injustice from being committed or further
improper and/or premature issuance of certifications to file continued, specifically the following:
actions in court by the Lupon or Pangkat Secretaries, attested
by the Lupon/Pangkat Chairmen, respectively, the following
a. Criminal cases where accused is under
guidelines are hereby issued for the information of trial court
police custody or detention (see Sec. 412 (b)
judges in cases brought before them coming from the
(1), Revised Katarungang Pambarangay
Barangays:
Law);

I. All disputes are subject to Barangay conciliation pursuant to

b. Petitions for habeas corpus by a person
the Revised Katarungang Pambarangay Law (formerly P.D.
illegally deprived of his rightful custody over
1508, repealed and now replaced by Secs. 399-422, Chapter
another or a person illegally deprived or on
VII, Title I, Book III, and Sec. 515, Title I, Book IV, R.A. 7160,
acting in his behalf;
otherwise known as the Local Government Code of 1991), and
prior recourse thereto is a pre-condition before filing a
c. Actions coupled with provisional remedies
complaint in court or any government offices, except in the
such as preliminary injunction, attachment,
following disputes:
delivery of personal property and support
during the pendency of the action; and
1. Where one party is the government, or any
subdivision or instrumentality thereof;
d. Actions which may be barred by the
Statute of Limitations.
2. Where one party is a public officer or employee,
and the dispute relates to the performance of his
9. Any class of disputes which the President may
official functions;
determine in the interest of justice or upon the
recommendation of the Secretary of Justice;
 10. Where the dispute arises from the Comprehensive 4. If mediation or conciliation efforts before the
Agrarian Reform Law (CARL) (Sec. 46 & 47, R.A. Punong Barangay proved unsuccessful, there having
6657); been no agreement to arbitrate (Sec. 410 [b], Revised
Katarungang Pambarangay Law; Sec. 1, c. (1), Rule
11. Labor disputes or controversies arising from III, Katarungang Pambarangay Rules), or where the
employer-employee relations (Montoya vs. Escayo, et respondent fails to appear at the mediation
al., 171 SCRA 442; Art. 226, Labor Code, as proceeding before the Punong Barangay (3rd par.
amended, which grants original and exclusive Sec. 8, a, Rule VI, Katarungang Pambarangay
jurisdiction over conciliation and mediation of Rules), the Punong Barangay shall not cause the
disputes, grievances or problems to certain offices of issuance at this stage of a certification to file action,
the Department of Labor and Employment); because it is now mandatory for him to constitute the
Pangkat before whom mediation, conciliation, or
12. Actions to annul judgment upon a compromise arbitration proceedings shall be held.
which may be filed directly in court (See Sanchez vs.
Tupaz, 158 SCRA 459). III. All complaints and/or informations filed or raffled to your
sala/branch of the Regional Trial Court shall be carefully read
II. Under the provisions of R.A. 7160 on Katarungang and scrutinized to determine if there has been compliance with
Pambarangay conciliation, as implemented by the prior Barangay conciliation procedure under the Revised
Katarungang Pambarangay Rules and Regulations Katarungang Pambarangay Law and its Implementing Rules
promulgated by the Secretary of Justice, the certification for and Regulations, as a pre-condition to judicial action,
filing a complaint in court or any government office shall be particularly whether the certification to file action attached to
issued by Barangay authorities only upon compliance with the the records of the case comply with the requirements
following requirements: hereinabove enumerated in par. II;

1. Issued by the Lupon Secretary and attested by the IV. A case filed in court without compliance with prior Barangay
Lupon Chairman (Punong Barangay), certifying that a conciliation which is a pre-condition for formal adjudication
confrontation of the parties has taken place and that a (Sec. 412 [a] of the Revised Katarungang Pambarangay Law)
conciliation settlement has been reached, but the may be dismissed upon motion of defendant/s, not for lack of
same has been subsequently repudiated (Sec. 412, jurisdiction of the court but for failure to state a cause of action
Revised Katarungang Pambarangay Law; Sec. 2[h], or prematurity (Royales vs. IAC, 127 SCRA 470; Gonzales vs.
Rule III, Katarungang Pambarangay Rules); 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
2. Issued by the Pangkat Secretary and attested by
Barangay authority, applying by analogy Sec. 408 [g], 2nd par.,
the Pangkat Chairman, certifying that:
of the Revised Katarungang Pambarangay Law which reads as
follows:
a. a confrontation of the parties took place
but no conciliation/settlement has been
The court in which non-criminal cases not falling
reached (Sec. 4[f], Rule III, Katarungang
within the authority of the Lupon under this Code are
Pambarangay Rules; or
filed may at any time before trial, motu proprio refer
case to the Lupon concerned for amicable settlement.
b. that no personal confrontation took place
before the Pangkat through no fault of the
Strict observance of these guidelines is enjoined. This
complainant (Sec. 4[f], Rule III, Katarungang
Administrative Circular shall be effective immediately.
Pambarangay Rules).

Manila, Philippines. July 15, 1993.

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 (Sgd.) ANDRES R. NARVASA
indigenous cultural community, which shall be settled Chief Justice
in accordance with the customs and traditions of that
particular cultural community, or where one or more of RA 7160 Local Government Code of 1991,
the parties to the aforesaid dispute belong to the Katarungang Pambarangay
minority and the parties mutually agreed to submit
their dispute to the indigenous system of amicable
Section 408. Subject Matter for Amicable Settlement;
settlement, and there has been no settlement as
Exception Thereto. - The lupon of each barangay shall have
certified by the datu or tribal leader or elder to the
authority to bring together the parties actually residing in the
Punong Barangay of place of settlement (Secs. 1,4 &
same city or municipality for amicable settlement of all disputes
5, Rule IX, Katarungang Pambarangay Rules); and
except:
 (a) Where one party is the government, or any objections to venue herein referred to may be
subdivision or instrumentality thereof; submitted to the Secretary of Justice, or his duly
designated representative, whose ruling thereon shall
(b) Where one party is a public officer or employee, be binding.
and the dispute relates to the performance of his
official functions; Section 410. Procedure for Amicable Settlement. -

(c) Offenses punishable by imprisonment exceeding (a) Who may initiate proceeding - Upon payment of
one (1) year or a fine exceeding Five thousand pesos the appropriate filing fee, any individual who has a
(P5,000.00); cause of action against another individual involving
any matter within the authority of the lupon may
(d) Offenses where there is no private offended party; complain, orally or in writing, to the lupon chairman of
the barangay.
(e) Where the dispute involves real properties located
in different cities or municipalities unless the parties (b) Mediation by lupon chairman - Upon receipt of the
thereto agree to submit their differences to amicable complaint, the lupon chairman shall within the next
settlement by an appropriate lupon; working day summon the respondent(s), with notice to
the complainant(s) for them and their witnesses to
(f) Disputes involving parties who actually reside in appear before him for a mediation of their conflicting
barangays of different cities or municipalities, except interests. If he fails in his mediation effort within fifteen
where such barangay units adjoin each other and the (15) days from the first meeting of the parties before
parties thereto agree to submit their differences to him, he shall forthwith set a date for the constitution of
amicable settlement by an appropriate lupon; the pangkat in accordance with the provisions of this
Chapter.

(g) Such other classes of disputes which the

President may determine in the interest of Justice or (c) Suspension of prescriptive period of offenses -
upon the recommendation of the Secretary of Justice. While the dispute is under mediation, conciliation, or
arbitration, the prescriptive periods for offenses and
cause of action under existing laws shall be
The court in which non-criminal cases not falling
interrupted upon filing the complaint with the punong
within the authority of the lupon under this Code are
barangay. The prescriptive periods shall resume upon
filed may, at any time before trial motu propio refer
receipt by the complainant of the complainant or the
the case to the lupon concerned for amicable
certificate of repudiation or of the certification to file
settlement.
action issued by the lupon or pangkat secretary:
Provided, however, That such interruption shall not
Section 409. Venue. - exceed sixty (60) days from the filing of the complaint
with the punong barangay.
(a) Disputes between persons actually residing in the
same barangay shall be brought for amicable (d) Issuance of summons; hearing; grounds for
settlement before the lupon of said barangay. disqualification - The pangkat shall convene not later
than three (3) days from its constitution, on the day
(b) Those involving actual residents of different and hour set by the lupon chairman, to hear both
barangays within the same city or municipality shall parties and their witnesses, simplify issues, and
be brought in the barangay where the respondent or explore all possibilities for amicable settlement. For
any of the respondents actually resides, at the this purpose, the pangkat may issue summons for the
election of the complaint. personal appearance of parties and witnesses before
it. In the event that a party moves to disqualify any
(c) All disputes involving real property or any interest member of the pangkat by reason of relationship,
therein shall be brought in the barangay where the bias, interest, or any other similar grounds discovered
real property or the larger portion thereof is situated. after the constitution of the pangkat, the matter shall
be resolved by the affirmative vote of the majority of
(d) Those arising at the workplace where the the pangkat whose decision shall be final. Should
contending parties are employed or at the institution disqualification be decided upon, the resulting
where such parties are enrolled for study, shall be vacancy shall be filled as herein provided for.
brought in the barangay where such workplace or
institution is located. (e) Period to arrive at a settlement - The pangkat shall
arrive at a settlement or resolution of the dispute
Objections to venue shall be raised in the mediation within fifteen (15) days from the day it convenes in
proceedings before the punong barangay; otherwise, accordance with this section. This period shall, at the
the same shall be deemed waived. Any legal question discretion of the pangkat, be extendible for another
which may confront the punong barangay in resolving
 period which shall not exceed fifteen (15) days, (b) The arbitration award shall be in writing in a
except in clearly meritorious cases. language or dialect known to the parties. When the
parties to the dispute do not use the same language
Section 411. Form of settlement. - All amicable settlements or dialect, the award shall be written in the language
shall be in writing, in a language or dialect known to the or dialect known to them.
parties, signed by them, and attested to by the lupon chairman
or the pangkat chairman, as the case may be. When the Section 416. Effect of Amicable Settlement and Arbitration
parties to the dispute do not use the same language or dialect, Award. - The amicable settlement and arbitration award shall
the settlement shall be written in the language known to them. have the force and effect of a final judgment of a court upon
the expiration of ten (10) days from the date thereof, unless
Section 412. Conciliation. - repudiation of the settlement has been made or a petition to
nullify the award has been filed before the proper city or
(a) Pre-condition to Filing of Complaint in Court. - No municipal court.
complaint, petition, action, or proceeding involving
any matter within the authority of the lupon shall be However, this provision shall not apply to court cases settled
filed or instituted directly in court or any other by the lupon under the last paragraph of Section 408 of this
government office for adjudication, unless there has Code, in which case the compromise or the pangkat chairman
been a confrontation between the parties before the shall be submitted to the court and upon approval thereof,
lupon chairman or the pangkat, and that no have the force and effect of a judgment of said court.
conciliation or settlement has been reached as
certified by the lupon secretary or pangkat secretary Section 417. Execution. - The amicable settlement or
as attested to by the lupon or pangkat chairman or arbitration award may be enforced by execution by the lupon
unless the settlement has been repudiated by the within six (6) months from the date of the settlement. After the
parties thereto. lapse of such time, the settlement may be enforced by action in
the appropriate city or municipal court.
(b) Where Parties May Go Directly to Court. - The
parties may go directly to court in the following Section 418. Repudiation. - Any party to the dispute may,
instances: within ten (10) days from the date of the settlement, repudiate
the same by filing with the lupon chairman a statement to that
(1) Where the accused is under detention; effect sworn to before him, where the consent is vitiated by
fraud, violence, or intimidation. Such repudiation shall be
(2) Where a person has otherwise been sufficient basis for the issuance of the certification for filing a
deprived of personal liberty calling for complaint as hereinabove provided.
habeas corpus proceedings;
Section 419. Transmittal of Settlement and Arbitration. -
(3) Where actions are coupled with Award to the Court. - The secretary of the lupon shall transmit
provisional remedies such as preliminary the settlement or the arbitration award to the appropriate city or
injunction, attachment, delivery of personal municipal court within five (5) days from the date of the award
property and support pendente lite; and 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.
(4) Where the action may otherwise be
barred by the statute of limitations.

(c) Conciliation among members of indigenous

cultural communities. - The customs and traditions of
indigenous cultural communities shall be applied in
settling disputes between members of the cultural
communities.

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.