Scribd Logo
Upload

Welcome to Scribd!

  • 62 views

    What Are The Instances/cases That Should Undergo To The Katarungang Pambarangay As Condition Sine Qua Non?

    Uploaded by

    Allana Erica Cortes
    Katarungang Pambarangay Complaint

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    What Are The Instances/cases That Should Undergo To The Katarungang Pambarangay As Condition Sine Qua Non?

    Uploaded by

    Allana Erica Cortes
    62 views2 pages
    Katarungang Pambarangay Complaint

    Original Title

    Katarungang Pambarangay

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Katarungang Pambarangay Complaint

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    62 views2 pages

    What Are The Instances/cases That Should Undergo To The Katarungang Pambarangay As Condition Sine Qua Non?

    Uploaded by

    Allana Erica Cortes
    Katarungang Pambarangay Complaint

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    What are the instances/cases that should undergo to the Katarungang

    Pambarangay as condition sine qua non?

    According to the guidelines on the KATARUNGANG PAMBARANGAY


    conciliation procedure to prevent circumvention of the revised katarungang
    pambarangay law. All disputes are subject to Barangay conciliation
    pursuant to the Revised Katarungang Pambarangay Law [formerly P. D.
    1508, repealed and now replaced by Secs. 399-422, Chapter VII, Title I,
    Book III, and Sec. 515, Title I, Book IV, R.A. 7160, otherwise known as the
    Local Government Code of 1991], and prior recourse thereto is a pre-
    condition before filing a complaint in court or any government offices,
    except in the following disputes:

    [1] Where one party is the government, or any subdivision or


    instrumentality thereof;

    [2] Where one party is a public officer or employee and the dispute relates
    to the performance of his official functions;

    [3] 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;

    [4] 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];

    [5] 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;

    [6] Offenses for which the law prescribes a maximum penalty of


    imprisonment exceeding one [1] year or a fine of over five thousand pesos
    (P5,000.00);

    [7] Offenses where there is no private offended party;

    [8] Disputes where urgent legal action is necessary to prevent injustice


    from being committed or further continued, specifically the
    following:chanrobles virtual law library
    [a] Criminal cases where accused is under police custody or detention [See
    Sec. 412 (b) (1), Revised Katarungang Pambarangay Law];

    [b] 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;

    [c] Actions coupled with provisional remedies such as preliminary


    injunction, attachment, delivery of personal property and support during the
    pendency of the action; and cralaw

    [d] Actions which may be barred by the Statute of Limitations.

    [9] Any class of disputes which the President may determine in the interest
    of justice or upon the recommendation of the Secretary of Justice;

    [10] Where the dispute arises from the Comprehensive Agrarian Reform
    Law (CARL) [Secs. 46 & 47, R. A. 6657];

    [11] Labor disputes or controversies arising from employer-employee


    relations [Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code,
    as amended, which grants original and exclusive jurisdiction over
    conciliation and mediation of disputes, grievances or problems to certain
    offices of the Department of Labor and Employment];

    [12] Actions to annul judgment upon a compromise which may be filed


    directly in court [See Sanchez vs. Tupaz, 158 SCRA 459].

    You might also like