Are all cases subject to barangay conciliation?
Barangay conciliation is a form of dispute settlement wherein the parties are given an opportunity to peaceably settle their disputes without going to court. By resorting first to this kind of proceeding, conflicting parties will not only save themselves from incurring litigation expenses but will also be saved from experiencing the tedious process of court litigation.
However, not all kinds of disputes are always subject to a barangay conciliation. There are certain cases where the parties may directly go to the court for the settlement of their dispute. These are enumerated in Section 2, Rule VI of the Katarungang Pambarangay Implementing Rules and Regulations, to wit:
Rule VI- Amicable Settlement of Disputes
Section 2. Subject matters for settlement. – All disputes may be the subject of proceedings for amicable settlement under these rules except the following enumerated cases:
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 for which the law prescribes a maximum penalty of imprisonment exceeding one (1) year or a fine exceeding five hundred thousand pesos (P500,000.00);
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 agree to 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; and
g. Such other classes of dispute which the president may determine in the interest of justice or upon the recommendation of the Secretary of Justice.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts that you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com