Harapan sa Barangay: Barangay Conciliation Process

Author: Atty. Angeli Andan

OVERVIEW

Republic Act No. 7160 (RA 7160), or the Local Government Code of 1991, provides that barangay conciliation proceedings is a pre-condition to filing a complaint in court between persons actually residing in the same barangay to explore possible amicable settlement. Under Section 408 of the same Code, the lupon of each barangay shall have authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes. 

The primary objective of barangay conciliation is to unclog the court cases and to ensure that the quality of justice will not deteriorate due to the indiscriminate filing of cases before the court. 

LEGAL BASIS OF BARANGAY CONCILIATION

Section 412 of the Local Government Code provides that as a general rule, no complaint, petition, action or proceedings falling under the jurisdiction of the lupon shall be filed directly or indirectly in courts or other tribunal without actual confrontation between the parties. This means that without actual confrontation between the parties or without the amicable settlement as certified by the Barangay Secretary,  the complaint filed by the party will be dismissed for failure to comply with condition precedent. 

VENUE FOR BARANGAY CONCILIATION

For disputes between persons actually residing in the same barangay, the dispute shall be brought for amicable settlement before the Lupon of said barangay.

For disputes involving actual residents of different barangays within the same city or municipality, the dispute shall be brought in the barangay where the respondent or any of the respondents actually resides, at the election of the complainant.

For disputes involving real property or any interest therein, the dispute shall be brought in the barangay where the real property or the larger portion thereof is situated.

For disputes arising at the workplace where the contending parties are employed or at the institution where such parties are enrolled for study, the dispute shall be brought in the barangay where such workplace or institution is located.

In case there is objection to the venue, such must be raised in the mediation proceedings before the punong barangay. Otherwise, the same shall be deemed waived.

WHEN BARANGAY CONCILIATION IS NOT REQUIRED

The following are the exceptions to the application of the rule on the referral to the barangay:

1. where one party is the government or any subdivision or instrumentality thereof (Sec 408, LGC) 
2. where one party is a public officer or employee, and the dispute relates to performance of his official functions (Sec 408, LGC) 
3. offenses punishable by imprisonment exceeding 1 year or a fine exceeding 5k pesos (Sec 408, LGC) 
4. offenses where there is no private offended party (Sec 408, LGC) 
5. where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon (Sec 408, LGC) 
6. 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 (Sec 408, LGC) 
7. such other classes of disputes which the President may determine in the interest of justice (Secretary of Justice determines) (Sec 408, LGC) 
8. where one of the parties is a juridical entity such as corporation, sole corporation, partnership and estate 10. where accused is under police custody or detention (Sec 412 (b), LGC) 
9. where the person has otherwise been deprived of personal liberty calling for habeas corpus proceeding (Sec 412 (b), LGC) 
10. where the actions are coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property, and support pendent lite (Sec 412 (b), LGC) 
11. where the action may otherwise be barred by the statute of limitations (Sec 412 (b), LGC) 
12. in case of labor disputes 
13. writ of amparo & writ of habeas data  
14. action to annul a judgment upon a compromise 
15. Disputes arising from Comprehensive Agrarian Reform Law 
16. Disputes involving traditions of an indigenous cultural community; tribal courts

REMEDY OF DEFENDANT IN CASE OF NON-COMPLIANCE BY PLAINTIFF

If the plaintiff files a complaint before the court without alleging compliance with barangay conciliation, the remedy of the defendant is to file an answer raising such non-compliance as an affirmative defense. Thereafter, the court can either dismiss the case or refer the case to the barangay for barangay conciliation. 

BARANGAY CONCILIATION IN SUMMARY CASES

As a general rule, in ordinary civil actions, there is no motu proprio dismissal of the action based on failure to comply with barangay conciliation because the same is not one of the grounds provided for under Section 1, Rule 9 of the Rules of Court. However, in cases of summary procedure and small claims cases, a motion to dismiss the complaint or the statement of claim, and in criminal cases, a motion to quash the complaint or information on the ground of failure to comply with the requirement of barangay conciliation, pursuant to Chapter VII, Title I, Book III of Republic Act No. 7160 are allowed. 

CONCLUSION

If you plan to file a complaint before the proper courts, you must first undergo the barangay conciliation, unless your case falls under the exceptions. Failure to undergo barangay conciliation would mean dismissal of your case for failing to comply with a condition precedent.

Need help in understanding the barangay conciliation process? Reach out to us today via email at info@baisandanlaw.com or by phone at +63915 968 2503 or (045) 281 0164.