Bring complaint before barangay officials for conciliation

1
Persida Acosta

Persida Acosta

Dear PAO,
I intend to file a claim against my neighbor who, until now, has not paid the P55,000 she owed me. Can I file the case directly in court? What happens then? Thank you and more power.
ENG

Dear ENG,
While we do not discount the fact that you have the right to seek redress from our courts, we advise you to bring first your predicament before your barangay officials, if you have not done it yet, in order for you and your neighbor to undergo barangay conciliation, unless your action will be barred by the statute of limitations. This is in consonance with Section 412 of the Revised Katarungang Pambarangay Law, which states that, “(a) No complaint, petition, action or proceeding involving any matter within the authority of the lupon shall be filed or instituted directly in court x x x, unless there is a confrontation between the parties before the lupon chairman or the pangkat, and that no conciliation or settlement has been reached x x x or unless the settlement has been repudiated by the parties thereto. x x x (b) The parties may go directly to court x x x (4) Where the action may otherwise be barred by the statute of limitations. x x x”

Should you and your neighbor fail to reach an amicable settlement and a Certificate to File Action is issued by the lupon in your favor, you may consider filing an action for small claims before the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court or Municipal Circuit Trial Court which has jurisdiction over the place of your residence. This may be initiated by submitting an accomplished and verified Statement of Claim in duplicate before the said court, accompanied by a Certification of Non-Forum Shopping, and two (2) duly certified photocopies of the actionable document/s subject of the claim, as well as the affidavits of witnesses and other evidence to support the claim (Section 5, SC En Banc Resolution dated October 27, 2009 in A.M. No. 08-8-7-SC). Be advised that no evidence will be allowed during the hearing which was not attached to or submitted together with the Statement of Claim, unless good cause is shown for the admission of additional evidence (Section 5, SC En Banc Resolution dated October 27, 2009 in A.M. No. 08-8-7-SC [A.M. No. 08-8-7-SC]). Thereafter, you will be required to pay the docket and other legal fees, unless you will be allowed to litigate as an indigent (Section 8, A.M. No. 08-8-7-SC).

If the court finds no valid reason to dismiss your claim, it will then issue summons directing the defendant to submit his or her verified Response. The court will also issue a notice directing both of you to appear before it during the scheduled hearing.


No unjustified postponement will be allowed, unless there is proof of the physical inability of the party to appear before the court on the scheduled date and time (Section 10 in relation to Section 19, A.M. No. 08-8-7-SC).

The court will exert efforts to settle your dispute amicably. However, if such efforts fail, it will proceed with the hearing and render its decision based on the facts established by the evidence submitted before it. If you are able to effectively substantiate your claim, the court shall render its decision in your favor and the same shall be final and unappealable (Section 23, A.M. No. 08-8-7-SC).

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts 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 dearpao@manilatimes.net

Bring complaint before barangay officials for conciliation

Dear PAO,

I intend to file a claim against my neighbor who, until now, has not paid the P55,000 she owed me. Can I file the case directly in court? What happens then? Thank you and more power.

ENG

Dear ENG,

While we do not discount the fact that you have the right to seek redress from our courts, we advise you to bring first your predicament before your barangay officials, if you have not done it yet, in order for you and your neighbor to undergo barangay conciliation, unless your action will be barred by the statute of limitations. This is in consonance with Section 412 of the Revised Katarungang Pambarangay Law, which states that, “(a) No complaint, petition, action or proceeding involving any matter within the authority of the lupon shall be filed or instituted directly in court x x x, unless there is a confrontation between the parties before the lupon chairman or the pangkat, and that no conciliation or settlement has been reached x x x or unless the settlement has been repudiated by the parties thereto. x x x (b) The parties may go directly to court x x x (4) Where the action may otherwise be barred by the statute of limitations. x x x”

Should you and your neighbor fail to reach an amicable settlement and a Certificate to File Action is issued by the lupon in your favor, you may consider filing an action for small claims before the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court or Municipal Circuit Trial Court which has jurisdiction over the place of your residence. This may be initiated by submitting an accomplished and verified Statement of Claim in duplicate before the said court, accompanied by a Certification of Non-Forum Shopping, and two (2) duly certified photocopies of the actionable document/s subject of the claim, as well as the affidavits of witnesses and other evidence to support the claim (Section 5, SC En Banc Resolution dated October 27, 2009 in A.M. No. 08-8-7-SC). Be advised that no evidence will be allowed during the hearing which was not attached to or submitted together with the Statement of Claim, unless good cause is shown for the admission of additional evidence (Section 5, SC En Banc Resolution dated October 27, 2009 in A.M. No. 08-8-7-SC [A.M. No. 08-8-7-SC]). Thereafter, you will be required to pay the docket and other legal fees, unless you will be allowed to litigate as an indigent (Section 8, A.M. No. 08-8-7-SC).

If the court finds no valid reason to dismiss your claim, it will then issue summons directing the defendant to submit his or her verified Response. The court will also issue a notice directing both of you to appear before it during the scheduled hearing. No unjustified postponement will be allowed, unless there is proof of the physical inability of the party to appear before the court on the scheduled date and time (Section 10 in relation to Section 19, A.M. No. 08-8-7-SC).

The court will exert efforts to settle your dispute amicably. However, if such efforts fail, it will proceed with the hearing and render its decision based on the facts established by the evidence submitted before it. If you are able to effectively substantiate your claim, the court shall render its decision in your favor and the same shall be final and unappealable (Section 23, A.M. No. 08-8-7-SC).

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts 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 dearpao@manilatimes.net

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1 Comment

  1. dear pao,
    my lady boarder was slapped in the face,hair pulled and kicked in the leg by my sister n law and mother n law. The other one received vulgar words even degraded(mura na gaga at iba pa)…this was already blottered in the police station then filed a complaint of slight physical injury and oral defalmation in our barangay. The incident was arised because my boarders trespassed from the so0called right of way(claimed by my sister n law). Actually,the said land is an easement from me and my husband given to them for they reside at the back of our house. It seems that my n laws made a possession of the easement land.
    The supposedly first hearing was jan.23,2014 but postponed for the summon was not served to my n laws for no one will receive it in their home address. therefore,the compalinants,requested the barangat secretary to try to serve it at my sister n law’s workplace.
    The secretary even said to the complainants that she will text them if the summon have served. the next hearing will on jan.28,2014 but yo to this time no message was received from their end.
    What if tommorrow still no show from the other,what will be the next step to take by the complainant?
    Thank you very much.