E. Barangay Conciliation (RA 7160, Secs. 408–412)

Exceptions:

• Where one party is the government, or any subdivision or instrumentality thereof;
• Where one party is a public officer or employee and the dispute relates to the performance of his official functions;
• Where the dispute involves real properties located in different cities and municipalities, unless the parties thereto agree to submit their difference to amicable settlement by an appropriate Lupon;
• Any complaint by or against corporations, partnerships or juridical entities, since only individuals shall be parties to Barangay conciliation proceedings either as complainants or respondents [Sec. 1, Rule VI, Katarungang Pambarangay Rules];
• 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;
• Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one [1] year or a fine of over P5,000.00;
• Offenses where there is no private offended party;
• Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued, specifically the following:
• Criminal cases where accused is under police custody or detention [Sec. 412 (b) (1), Revised Katarungang Pambarangay Law];
• Petitions for habeas corpus by a person illegally deprived of his rightful custody over another or a person illegally deprived of or on acting in his behalf;
• Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property and support during the pendency of the action;
• Actions which may be barred by the Statute of Limitations.
• Any class of disputes, which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice;
• Where the dispute arises from the Comprehensive Agrarian Reform Law (Secs. 46 & 47, R. A. 6657);
• Labor disputes or controversies arising from employer-employee relations (Montoya v. Escayo, et al., G.R. No. 82211-12, 1989); (Art. 226, Labor Code)
• Actions to annul judgment upon a compromise that may be filed directly in court (Sanchez v. Tupaz, G.R. No. 76690, 1988)

A case filed in court without compliance with prior barangay conciliation, which is a pre-condition for formal adjudication, may be dismissed upon motion of defendant/s on the ground of failure to comply with a condition precedent. The non-referral of a case for barangay conciliation is not jurisdictional in nature, thus it necessitates a motion to dismiss before it may be considered by the Court.

A prior recourse to barangay conciliation is a pre- condition before filing a complaint in court or any government offices. Non-compliance with the said condition precedent could affect the sufficiency of the plaintiff’s cause of action and make his complaint vulnerable to dismissal on ground of lack of cause of action or prematurity; but the same would not prevent a court of competent jurisdiction from exercising its power of adjudication over the case before it, where the defendants failed to object to such exercise of jurisdiction. (Sps. Santos v. Sps. Lumbao, G.R. No. 169129, 2007)

Updated: A trial court may dismiss a complaint motu proprio for failure to comply with required barangay conciliation, although dismissal is not inevitable in every case (Ngo v. Gabelo, G.R. No. 207707, 24 August 2020; Lansangan v. Caisip, G.R. No. 212987, 6 August 2018).

Interruption of Prescriptive Period:

While the dispute under mediation, conciliation, or arbitration, the prescriptive periods for offenses and cause of action under existing laws shall be interrupted upon filing of the complaint with the Punong Barangay.

Katarungang Pambarangay Law Local Government Code

Filing of the complaint before the Punong Barangay shall interrupt the prescriptive period but in no case shall the interruption exceed 60 days from the filing of the complaint. (Sec. 410 (c) RA 7160) However, the filing of a complaint for purposes of preliminary investigation starts the prosecution process.

Exception/s:

• On the ground of lack of jurisdiction over the subject matter
• Failure to comply with the barangay conciliation proceedings (Sec. 19 (a), Revised Rules on Summary Procedure).