KATARUNGANG PAMBARANGAY

-governed by Secs 399-422, LGC (RA 7160)  VENUE

 Primordial Aim?  Rule as to APPEARANCE of parties

1. reduce the number of court litigations
2. prevent the deterioration of quality of justice
w/c has been brought about by the
indiscriminate filing of cases in courts
 Nature of proceedings before the Lupon/Pangkat?
- NOT judicial proceedings. Not covered by BP
129 or the Rules of Court. There’s no “brgy
court”.
 Rule as to appearance of lawyers
 Nature of amicable settlement/arbitration award
- It has the force and effect of a final judgment of
a court upon the expiration of 10 days from the
date thereof, UNLESS:
a. the settlement is REPUDIATED w/in 10days
b. petition to nullify the award has been filed

 Adjudicatory powers of the Lupon/Pangkat  Grounds for Repudiation, How

- No inherent adjudicatory power.
- Lupon/Pangkat resolve disputes through
amicable settlement, conciliation & arbitration
- May exercise adjudicatory powers IF agreed
upon by parties in writing. (Sec 411, 413)
 GEN RULE on Brgy Conciliation in relation to filing of
cases in court.
- Section 412. No CPAP involving any matter w/in
the authority of the lupon shall be filed or
instituted directly in court or any other govt
office for adjudication, unless there has been a
confrontation between the parties before the
lupon chairman or the pangkat, and that NO
conciliation or settlement has been reached as
certified to by the lupon/pangkat secretary as
attested to by the lupon/pangkat chairman OR
unless the settlement has been repudiated by
the parties thereto.
 EXCEPTIONS
- Sec 408, A-G
- Sec 412b 1-4, Sec 412 c
- consent is vitiated by Fraud, Violence,
Intimidation
- file a statement to the Lupon Chairman
 Effect of Repudiation
- CFA may be issued
 Execution, How enforced
- Execution by the lupon – w/in 6months from
the date of the settlement, date of receipt of
award, or date the obligation stipulated in the
settlement/arbitration award becomes due and
demandable.
XPN: if strict application of the period will be
arbitrary and unjust and contrary to the intent
of the law
- By Filing an Action in appropriate city or
municipal court – after 6 months
***NOTE: If not more than 300K, pwede sa
Small Claims.

 Effect of failing to undergo Brgy Conciliation when

the case falls w/in the lupon’s jurisdiction.
- Ground for a MTD

 Nature of Dismissal
- “without prejudice” (Sec 408)

 Remedy of plaintiff when case is dismissed

- COMPLY then REVIVE

 2 ways of reviving the case:

- Before finality – by MOTION
- After finality – by NEW action

 Effect of failure to file MTD

- Waived.
- Not jurisdictional

 No motu proprio dismissal

- Not one of the grounds under Rule 9, Sec 1