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Barangay Conciliation

The document outlines cases that are exempted from barangay conciliation proceedings under the Local Government Code. These include disputes involving the government, public officials performing official functions, serious offenses punishable by more than a year in prison or a fine over 5,000 pesos, offenses without a private offended party, disputes involving property in different cities, and disputes recommended by the President or Secretary of Justice to be exempted. The document also lists additional cases where parties may go directly to court, such as when the accused is detained or personal liberty has been deprived.

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Ryan Acosta
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1K views1 page

Barangay Conciliation

The document outlines cases that are exempted from barangay conciliation proceedings under the Local Government Code. These include disputes involving the government, public officials performing official functions, serious offenses punishable by more than a year in prison or a fine over 5,000 pesos, offenses without a private offended party, disputes involving property in different cities, and disputes recommended by the President or Secretary of Justice to be exempted. The document also lists additional cases where parties may go directly to court, such as when the accused is detained or personal liberty has been deprived.

Uploaded by

Ryan Acosta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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The Local Government Code or Republic Act (R.A.) No.

7160 does not enumerate cases that can be


brought before the Barangay, but it enumerates cases which are exempted from the Barangay
conciliation proceedings and these are the following:

a) Where one party is the government or any subdivision or instrumentality thereof;

b) Where one party is a public officer or employee, and the dispute relates to the performance of his
official functions;

c) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding five thousand pesos
(P5,000.00);

d) Offenses where there is no private offended party;

e) Where the dispute involves real properties located in different cities or municipalities unless the
parties thereto submit their differences to amicable settlement by an appropriate lupon;

f) 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;

g) Such other classes of disputes which the President may determine in the interest of justice or upon
the recommendation of the Secretary of Justice (Section 408, Chapter VII, RA No. 7160).

In addition to the abovementioned cases, the following under Section 412 (b) of the said law, are cases
where the parties may go directly to court, to wit:

1) Where the accused is under detention;

2) Where the person has otherwise been deprived of personal liberty calling for habeas corpus
proceedings;

3) Where actions are coupled with the provisional remedies such as preliminary injunction, attachment,
delivery of personal property, and support pendente lite; and

4) Where the action may otherwise be barred by statute of limitations.

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