Katarungan Pambarangay

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Submitted by to the category Other Topics on 03/14/2012 06:06 PM

ADMINISTRATIVE CIRCULAR NO. 14-93

TO: ALL REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS

SUBJECT: GUIDELINES ON THE KATARUNGANG PAMBARANGAY CONCILIATION PROCEDURE TO PREVENT CIRCUMVENTION OF THE REVISED KATARUNGANG PAMBARANGAY LAW [SECTIONS 399-422, CHAPTER VII, TITLE I, BOOK III, R. A. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991].

The Revised Katarungang Pambarangay Law under R. A. 7160, otherwise known as the Local Government Code of 1991, effective on January 1, 1992 and which repealed P. D. 1508, introduced substantial changes not only in the authority granted to the Lupong Tagapamayapa but also in the procedure to be observed in the settlement of disputes within the authority of the Lupon.

In order that the laudable purpose of the law may not be subverted and its effectiveness undermined by indiscriminate, improper and/or premature issuance of certifications to file actions in court by the Lupon or Pangkat Secretaries, attested by the Lupon/Pangkat Chairmen, respectively, the following guidelines are hereby issued for the information of trial court judges in cases brought before them coming from the Barangays:

I. All disputes are subject to Barangay conciliation pursuant to the Revised Katarungang Pambarangay Law [formerly P. D. 1508, repealed and now replaced by Secs. 399-422, Chapter VII, Title I, Book III, and Sec. 515, Title I, Book IV, R.A. 7160, otherwise known as the Local Government Code of 1991], and prior recourse thereto is a pre-condition before filing a complaint in court or any government offices, except in the following disputes:

[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] Where the dispute involves real properties located in different cities and municipalities, unless the parties...

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