Role of the Barangay.
In this article, we shall discuss the following issues: If one of the parties is a juridical person, is mediation before the barangay still necessary before a case can be filed in court? Suppose the barangay chairman did not refer the matter to the Pangkat ng Tagapagkasundo but rather issue the Certification To File Action, can the complaint in court be challenged for non compliance with the barangay justice law?
How shall we execute compromise agreement reached during the mediation proceedings? Juridical persons Section of the Local Government Code provides: Individual means natural person.
It does not refer to juridical persons like corporation, corporate sole, partnership, estate and the like. Accordingly, if the parties or one of the parties is a juridical person, then the complaint need not pass the barangay justice system.
This rule was enunciated in the case of Vda. Pogoy, SCRA Said building has been leased by Petra Vda. On August 28,the administrator of the estate, served upon Petra a demand letter to pay the overdue rentals and thereafter to vacate the premises.
Petra sought to stop respondent Judge Julian B. Pogoy of the MTC of Cebu City from taking cognizance of an ejectment suit for failure of the plaintiff to refer the dispute to the Barangay Lupon for conciliation. It is indisputable that the real party in interest is the intestate estate under administration.
Suppose he did not constitute a pangkat but immediately issue a Certification To File Action, can the Court still dismiss the case for prematurity? This is the question resolved in the case of Lumbuan vs.
Despite repeated verbal and written demands, Ronquillo refused to pay the arrears and vacate the leased premises.
Without referring the complaint with the Pangkat ng Tagapagkasundo, the Barangay Chairman immediately issued a Certificate to File Action. With this certificate to file action, Lumbuan filed against Ronquillo an action for Unlawful Detainer.
Lumban won the case in the Metropolitan Trial Court. This is because the case was not referred to the Pangkat ng Tagapagkasundo for mediation.Civil Law, Commercial Law, Criminal Law, Labor Law, Legal and Judicial Ethics, Political Law Remedial Law, Taxation Law, Bar Reviewer, Rex Codals and others law reference books.
prescribed in Katarungang Pambarangay Law. Q4: What are the cases cognizable by the Lupon? A: Under section of the Local Government Code, the Lupon of each Barangay shall have jurisdiction to amicably settle all disputes between parties residing in the same city or municipality EXCEPT: a.
Oct 21, · A: All disputes are subject to Barangay conciliation pursuant to the Revised Katarungang Pambarangay Law and prior recourse thereto is a pre-condition before filing a complaint in court or any government offices except in the following disputes: .
Revised katarungang pambarangay law 2 1. RREEVVIISSEEDD KKAATTAARRUUNNGGAANNGG PPAAMMBBAARRAANNGGAAYY LLAAWW SSeeccttiioonnss ,, CChhaapptteerr 77 TTiittllee OOnnee,, BBooookk IIIIII ooff RRAA NNoo.. AACCPP LLaalliiaa. The Revised Katarungang Pambarangay Law under R.A.
, otherwise known as the local Government Code of , effective on January 1, , and which repealed P.D. , 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.
THE REVISED KATARUNGANG PAMBARANGAY LAW (Sections , Chapter 7) Title One, Book III, and Section , Book IV, Title I, RA (Otherwise known as the Local Government Code of ).