Procedures in Barangay Conciliation
Procedures in Barangay Conciliation
Procedures in Barangay Conciliation
1. The offended party files his complaint orally or in written form to the Lupon chairman.
2. The Barangay Captain (or Lupon chairman) then summons the respondent within the next
working day.
3. If the respondent fails to appear, he is barred from filing a counterclaim. If it is the complainant
who fails to appear, he is barred from seeking recourse in court.
4. Mediation, conciliation or arbitration of the conflicting interests of the parties takes place through
the Lupon. If the Lupon chairman fails in the mediation efforts within fifteen (15) days from the first
meeting of the parties before him, he sets the date of the constitution of the Pangkat ng
Tagapagkasundo.
5. Within three (3) days from its constitution, the Pangkat will summon the parties for a confrontation
(no lawyers or representatives are allowed, except for cases involving minors or incompetents who
may be assisted by their next of kin).
6. The Pangkat shall arrive at a settlement or resolution within fifteen days from the day it convenes
(the period is extendible to another fifteen days in meritorious cases).
7. Either party may repudiate the settlement by filing a sworn statement within ten (10) days from the
date of the written amicable settlement.
8. The amicable settlement or arbitration award may be executed by the Lupon within six (6) months
from the date of the settlement. After this period, it may be enforced by a court action.
9. If within fifteen to thirty days the parties fail to amicably settle the matter, the Lupon issues a
certification for filing of the action in court.
10. The complainant files the case in court for civil cases, or with the office of the public prosecutor
(fiscal) for criminal cases.
Note: The prescriptive period for the filing of cases in court is interrupted by conciliation
proceedings, up to 60 days from filing of the complaint with the Punong Barangay. Actions
based on written contracts prescribe in ten years. Criminal cases involving BP 22 (bouncing
checks) must be filed within four years from the time the check bounced; after that period,
only a civil case for collection can be filed. The prescriptive period is tolled or interrupted by
the filing of the complaint with the fiscal or public prosecutor's office.
Cases not covered by barangay conciliation (Local Government Code, Section 408)
1. Those involving parties who actually reside in barangays of different cities or municipalities,
except where such barangays adjoin each other
2. Those involving real property located in different cities or municipalities
Note: In both cases, the parties may agree to submit their differences for amicable settlement
by the appropriate Lupon.
Instances when the parties may go directly to court