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and which repealed P. D. 1508, introduced substantial changes not only in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.c ralaw

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: chan roble s virtual law lib rary

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Katarungang Pambarangay Law [formerly P. D. 1508, repealed and now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: c hanro bles vi rt ual law li bra ry

[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: chan robles v irt ual law l ibra ry

[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 c ralaw
 [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: cha nrob lesvi rtua llawlib ra ry

[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: chan rob lesvi rtual lawlib rary

[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 Barangay proved unsuccessful, there hav
ent to arbitrate (Sec. 410 [b], Revised Katarungang Pambarangay Law; Sec. 1, c. (1), Rule III, Kata
gay Rules), or where the respondent fails to appear at the mediation proceeding before the Punong B
ec. 8, a, Rule VI, Katarungang Pambarangay Rules), the Punong Barangay shall not cause the issuan
certification to file action, because it is now mandatory for him to constitute the Pangkat before whom m
n, or arbitration proceedings shall be held.cra law

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:c hanrobles vi rt ual law li bra ry

"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.