Dear PAO,
I own an apartment, which is being rented by a family. They have not paid me the monthly rent for four months now. They just kept on promising me that they’d pay the rent, but until now they haven’t.

Can I already file an eviction case? Do I need to go to the barangay first and report the matter? I’m also staying in one of my apartment units. I’m only a high school graduate while the tenants are professionals. I don’t know what to do in the barangay and I don’t have a lawyer who can assist me there.
Federico

Dear Federico,
The non-payment of rents for a total of at least three months is one of the grounds by which a lessor can judicially eject a lessee from the leased premises. This is pursuant to Section 9 of the Rent Control Act of 2009 or Republic Act (RA) No. 9653. Also according to Article 1673 of the New Civil Code, “lack of payment of the price stipulated” is one of the grounds by which a lessor may judicially eject a lessee.

According to you, the lessee of your apartment has not paid the monthly rentals for four months already. Hence, there is clearly a basis for you to file an action for unlawful detainer against the family. An unlawful detainer case is a kind of an ejectment suit. If you win in the said case, the lessee can be ordered by the court to vacate your apartment and pay the rentals past due.

However, you should take note that before you can file an action in court for unlawful detainer, there is a need for you first to refer the matter of non-payment of the rents to the Barangay. This is because the said matter is covered by the provisions of the Katarungang Pambarangay Law, which provides for the barangay conciliation of certain disputes. Your dispute is covered by the Katarungang Pambarangay Law because both you and the lessee are residents of the same barangay and the subject matter of your dispute is not one of those which are exempted from the Katarungang Pambarangay Law, under Section 408 of the Local Government Code.

You cannot file the ejectment case directly in court, otherwise, it will just be dismissed by the court, upon motion of the other party, because the matter brought before the court is a proper subject for barangay conciliation. Take note that under Rule 16 (J) of the Rules of Court, a party could file a motion to dismiss if “a condition precedent for filing the claim has not been complied with.” Thus, it is only after the matter is not resolved in a barangay conciliation that it can be brought up to the court.

The purpose of the barangay conciliation is to give the parties to a dispute an opportunity to resolve a dispute amicably, without going to court. When a party brings a particular dispute before the barangay, the Lupon Tagapamayapa Chairman, who is also the Barangay Chairman, would conduct a mediation proceeding between the parties who have conflicting interests. If the dispute is not settled by the lupon chairman, it would then be referred to the Pangkat ng Tagapagkasundo, which would then hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable settlement.

When a settlement between the parties is reached, the said amicable settlement shall be made in writing, in a language and dialect known to the parties, signed by them, and attested to by the lupon chairman, or the pangkat chairman, as the case may be. This is pursuant to Section 411 of the Local Government Code. The parties may also agree in writing to abide by an arbitration award to be made by the lupon chairman or the pangkat. The amicable settlement or the arbitration award shall have the force and effect of a final judgment of a court. However, if the parties do not reach a settlement, or if they repudiate, within the allowed period, a settlement, or have the arbitration award annulled, then a certification to file an action in court will be issued to the party desiring to raise the dispute before the court.

There is no need for you to have a lawyer during the barangay conciliation proceedings. This is because under the Katarungan Pambarangay Law, lawyers are not allowed during the barangay conciliation proceedings. However, you need a lawyer if ever the dispute would be brought up to the court so that you can be adequately assisted in enforcing your rights.

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.