Thursday, May 20, 2010

Legal Procedures 04: Cases not subject to Katarungang Pambarangay

Free PDF legal procedures cases not subject to Katarungang Pambarangay (Note: Please surf to the complete list of available PDFs on legal procedures in criminal and civil cases.)


Section 408 of the Local Government Code enumerates the kinds of disputes that are not subject to the Katarungang Pambarangay:

(a) Where one party is the government, or any subdivision or instrumentality thereof;

(b) Where one party is a public officer or employee, and the dispute relates to the performance of his official functions;

(c) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos (P5,000.00);

(d) Offenses where there is no private offended party;

(e) Where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon;

(f) 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;

(g) Such other classes of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice. The court in which non-criminal cases not falling within the authority of the lupon under this Code are filed may, at any time before trial, motu proprio refer the case to the lupon concerned for amicable settlement.

Instances when the parties may go directly to court

Section 412, paragraph (a) of the Local Government Code provides a pre-condition before a complaint can be filed in court: “No complaint, petition, action, or proceeding involving any matter within the authority of the lupon shall be filed or instituted directly in court or any other government 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 by the lupon secretary or pangkat secretary as attested to by the lupon or pangkat chairman or unless the settlement has been repudiated by the parties thereto.”

Paragraph (b) of the section, however, provides for instances where the parties in dispute can go directly to court:

(1) Where the accused is under detention;

(2) Where a person has otherwise been deprived of personal liberty calling for habeas corpus proceedings;

(3) Where actions are coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property, and support pendente lite; and

(4) Where the action may otherwise be barred by the statute of limitations.

(c) Conciliation among members of indigenous cultural communities. - The customs and traditions of indigenous cultural communities shall be applied in settling disputes between members of the cultural communities.
Sub-paragraph (4) speaks of an exception as to where the action may otherwise be barred by the statute of limitations. Please read my relevant PDF “Prescription and civil liability” that discusses extinction of criminal liability, prescription of the crime, prescription of the penalty and the period or prescription of crimes.

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