G. Jurisdiction Over Cases Covered by Barangay Conciliation

Question 1

Purpose/Object

Answer 1

To effect an amicable settlement of disputes among family and barangay members at the barangay level without judicial recourse and consequently help relieve the courts of docket congestion. (Preamble of P.D. No. 1508) (1999 BAR)

Question 2

Where to File

Answer 2

1. For disputes between residents of the same barangay: the dispute must be brought for settlement in the said barangay;
2. For disputes between residents of different but adjoining barangays and the parties agree to submit their differences to amicable settlement: within the same city or municipality where any of the respondents reside at the election of the complainant;
3. For disputes involving real property or any interest when the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon therein shall be brought in the barangay where the real property or larger portion thereof is situated; and
4. For disputes arising at the workplace where the contending parties are employed or at the institution where such parties are enrolled for study shall be brought in the barangay where such workplace or institution is located

Question 3

Civil Cases Covered

Answer 3

All disputes involving parties who actually reside in the same city or municipality may be the subject of the proceedings for amicable settlement in the barangay.

The requirement of undergoing barangay conciliation proceedings applies only to cases involving natural persons, and not where any of the parties is a juridical person such as a corporation, partnership, corporation sole, testate or intestate estate, etc. (Vda. De Borromeo v. Pogoy, G.R. No. L-63277, 29 Nov. 1983)

If the only contending party is the government or its instrumentality or subdivision the case is exempted from the requirement of barangay conciliation proceedings but when it (government or its instrumentality or subdivision) is only one of the contending parties, a confrontation should still be undertaken among the other parties. (Gegare v. CA, G.R. No. 83907, 13 Sept. 1989)

NOTE: Barangay conciliation process is not a jurisdictional requirement, so that non-compliance therewith cannot affect the jurisdiction which the court has otherwise acquired over the subject matter or over the person of the defendant. Such defense shall be raised in the answer, otherwise, such objection will be deemed waived. (Aquino v. Aure, G.R. No. 153567, 18 Feb. 2008)

Question 4

Cases not covered by Barangay
Conciliation

Answer 4

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. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding P 5,000.00;
4. 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;
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;
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;
7. Such other classes of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice (Sec. 408, Local Government Code);
8. 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;
9. Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued, specifically:
10. a. A criminal case where the accused is under police custody or detention b. A petition for habeas corpus by a person illegally detained or deprived of his liberty or one acting on his behalf c. Actions coupled with provisional remedies, such as preliminary injunction, attachment, replevin, and support pendent lite. d. Where the action may be barred by the Statute of Limitations
11. Labor disputes or controversies arising from employer-employee relationship;
12. Where the dispute arises from the CARL;
13. Actions to annul judgment upon a compromise which may be directly filed in court. (S.C. Administrative Circular No. 14-93)

Question 5

Criminal Cases covered

Answer 5

When punishable by imprisonment of
not more than 1 year or fine of not more
than P 5,000. (Sec. 408, LGC)