PROCEEDING/REMEDIES

BEFORE
FILING
CRIMINAL
COMPLAINT/INFORMATION
BEFORE
THE COURT
1. Referral of the case to the
barangay
for
conciliation
or
settlement(Secs. 399-422, RA 7160
LGC 1991)/ Issuance of Barangay
Protection Order (RA 9262 VAWC
2004).
2. Arrest without warrant (R113, S5)
3. Custodial Investigation (RA 7438
Rights
of
Persons
Detained,
Arrested,
or
Under
Custodial
Investigation/ A3 S12)
4. Inquest Proceedings (DOJ Cir. 61 in
relation to R113 S5)
5. Preliminary Investigation ( R112)
6. Posting of Bail (R114, A3 S13)
7. Application of the accused as a
State Witness before the DOJ (RA
6981)
8. Application for Search warrant
( R126, A3 S2)
BARANGAY LAW (formerly PD 1508,
now under RA 7160)
-

Prior recourse to the Barangay

Conciliation proceedings is a precondition
before
filing
the
complaint in court or any other
Government offices. (Adm. Cir. No.
14-93)
A precondition to a judicial action.
The judge must carefully read and
scrutinize
the
complaint/information if there has
been a compliance with prior
Barangay conciliation procedure.

Objective/Purpose:
1. To reduce the number of court
litigations; and
2. To prevent the deterioration of
the quality of justice which has
been
brought
about
by

indiscriminate filing of cases in

courts.
General Rule: No complaint, petition,
action, or proceedings involving any
matter within the authority of the Lupon
shall be filed or instituted directly or
indirectly in court or in any government
office for adjudication, unless there has
been a confrontation between the parties
before the Lupon Charirman or the
Pangkat, and that no conciliation or
settlement has been reached as certified
by the Lupon/Pangkat secretary as
attested to by the Lupon/pangkat
Chairman, or unless the settlement has
been repudiated by the parties thereto.
(Sec. 412a, RA 7160)
Exceptions:
Under sec. 408, RA 7160
1. One party is the government, or
any subdivision or instrumentality
thereof;
2. One party is a public officer or
employee, the dispute relates to
the performance of his official
functions;
3. Offenses
punishable
by
imprisonment exceeding 1 year or
a fine exceeding 5k;
4. Offenses where there is no private
offended party;
5. Disputes involving real properties
located in different cities or
municipalities unless the parties
thereto agree to submit their
conflicts to amicable settlement by
an appropriate Lupon;
6. Disputes involving parties residing
in
barangays
under
different
cities/municipalities, EXCEPT where
such brgy units adjoin each other
and the parties agree to submit
their
differences
to
amicable
settlemet by an appropriate Lupon;
7. Classes of disputes which the
President may determine in the

interest
of
justice
or
recommendation of the SOJ

upon

Under sec. 412b, RA 7160

1. Accused is under detention
2. A person has been deprived of
liberty calling for habeas corpus
proceeding
3. Actions
are
coupled
with
provisional remedies such as prelim
injunction, attachment, delivery of
personal property, and support
pendente lite
4. Actions barred by Statute of
Limitations
Under Adm. Cir. No. 14-93
1. Offenses punishable by more than
1
yr
imprisonment
or
fine
exceeding 5k
2. Offenses where the is no private
offended party
3. Disputes where urgent legal action
is necessary to prevent injustice
from being committed or further
continued:
a. Criminal
cases
where
accused is under detention
or police custody
b. Petitions for habeas corpus
by
a
person
illegally
deprived of his rightful
custody over another person
or a person illegally deprived
of his liberty
4. Actions coupled with provisional
remedies
5. Actions barred by Statute of
Limitations
Persons not covered by Brgy Law:
juridical person such as Corporation,
Partnership, Corporation Sole, Testate or
Intestate Estate
Venue of Brgy Proceedings (sec. 409, ra
7160):

1. Disputes between persons residing

in the same brgy= amicable
settlement before the Lupon of said
brgy
2. Disputes between persons residing
in different brgys within same
city/municipality=
brgy
where
respondent or respondents actually
resides, election of the complainant
3. All disputes involving real property
or any interest therein= brgy
where the real property or any part
thereof is situated
4. Those disputes arising at the
workplace or school where the
contending is also employed or
studying=
brgy
where
such
workplace or school is located
Parties in a Barangay Proceeding (sec.
410):
Upon payment of appropriate filing fee,
any individual who has a cause of action
against another individual involving any
matter within the authority of the Lupon
may complain, orally or in writing, to the
Chairman.
Complaint, he shall, within the next
working day:
1. Summon the respondent, with
notice to the complainant for them
and their witnesses to appear.
2. If he fails in his mediation effort
within 15 days from the first
meeting of the parties, he shall
then set a date for the constitution
of the Pangkat.
Effect
of
Pendency
of
the
Mediation/Conciliation/Arbitration:
the
prescriptive periods of the offenses and
cause of action shall be interrupted.
Resumption of the Prescriptive Period:
upon receipt by the complainant of the
complaint,
or
the
certificate
of
repudiation or the certificate to file

action. PROVIDED, such interruption shall

not exceed 60 days from the filling of the
complaint with the Punong Brgy.
Duties of the Pangkat:
1. Convene not later than 3 days from
its constitution
2. Hear both parties and their
witnesses
3. Simplify issues
4. Explore all possibilities of amicable
settlement
Powers of the Pangkat:
1. Issue summons for parties and
witnesses appearance
2. Party moves to disqualify a
member of the pangkat by reason
of bias, relationship, or interest
discovered
after
constitution=
matter shall be resolved by
affirmative vote of the majority of
the pangkat, decision is final.
Time frame within which the Pangkat
should arrive at a settlement: within 15
days from the day it convenes. At the
discretion of the Pangkat, this period can
be extend for another period which shall
not exceed 15 days. EXCEPT, in clearly
meritorious cases.

2. The court may suspend the

proceedings upon petition of any
party under R21 S1.
3. Refer the case motu proprio to the
appropriate Bargy authority
Effect if the Party failed to raise the Issue
of Lack of Brgy Conciliation: non referral
of a case in the brgy is not jurisdictional
in nature, and may therefore be deemed
waived if not raised in a motion to
dismiss.
Nature and Effect of Amicable Settlement
and Arbitration award (Sec. 416, ra 7160)
-it shall have the force and effect of a
final judgement of a court upon the
expiration of 10 days from the date
thereof, UNLESS there is repudiation
made or petition to nullify in the proper
court.
Execution of the Award (sec.417, ra
7160)
-execution by the Lupon within 6 mos
from the date of settlement
-after lapse of 6 mos, settlement may be
enforced by action in the appropriate city
or municipal court

Personal Appearance (sec. 415, ra 7160)

Repudiation of the Settlement (sec. 418,

ra 7160)

-parties must appear in person without a

lawyer or representative. EXCEPT, for
minors or incompetent who may be
assisted by their next-of-kin who are not
lawyers.

-within 10 days from date of settlement

by filing with the Lupon Chair a
statement to that effect, sworn to before
him, basis is consent vitiated by fraud,
intimidation, or violence.

Actions of
Compliance
Proceeding:

Effect of Repudiation:
Certificate to File Action

Court
with

in case of Nonthe
Conciliation

1. May be dismissed upon motion of

defendant,
not
for
lack
of
jurisdiction of the court but for
failure to state cause of action or
prematurity

issuance

Requirements for the Issuance

Certificate to file Action:

of

of
a

1. Issued by the Lupon Secretary and

attested by Lupon Chair, certifying
confrontation has taken place and
that settlement has been reached,
but it was subsequently repudiated

2. Issued by the Pangkat secretary

and attested by the Pangkat Chair,
certifyin that:
-confrontation has taken place but
no settlement/conciliation reached
-no confrontation took place before
the Pangkat without complainants
fault
3. Issued by the Punong Brgy upon a
request
by
a
proper
party
belonging
to
indigenous
community on the ground of failure
of settlement before such tribe
BARANGAY PROTECTION ORDER (sec.
4, RA 9262 VAWC ACT OF 2004)
Barangay Protection Order (BPO)- refers
to protection order issued by the Punong

Brgy, or in his absence the Brgy

Kagawad, ordering the perpetrator to
desist from committing acts of violence
against the family or household members
particularly women and their children
under sections 5a and 5b of RA 9262.
Venue of Application (sec 41, ra 9262)
1. Parties reside in the same brgy= in
the said brgy
2. Parties reside in different brgy but
same city/municipality= brgy of
respondent, at the choice of
complainant
3. Disputes in workplace or school=
brgy of such workplace or school