Family Conflict Dispute Resolution (FDR)
KCE and PSA Summer Term
D. BARANGAY JUSTICE SYSTEM
1. Republic Act No. 7160 (Local Government Code of
1991)
CHAPTER VII
Katarungang Pambarangay
Section 399. Lupong Tagapamayapa. -
(a) There is hereby created in each barangay a lupong
tagapamayapa, hereinafter referred to as the lupon, composed
of the punong barangay, as chairman and ten (10) to twenty
(20) members. The lupon shall be constituted every three (3)
years in the manner provided herein.
(b) Any person actually residing or working, in the barangay,
not otherwise expressly disqualified by law, and possessing
integrity, impartiality, independence of mind, sense of fairness,
and reputation for probity, may be appointed a member of the
lupon.
(c) A notice to constitute the lupon, which shall include the
names of proposed members who have expressed their
willingness to serve, shall be prepared by the punong barangay
within the first fifteen (15) days from the start of his term of
office. Such notice shall be posted in three (3) conspicuous
places in the barangay continuously for a period of not less
than three (3) weeks;
(d) The punong barangay, taking into consideration any
opposition to the proposed appointment or any
recommendations for appointment as may have been made
within the period of posting, shall within ten (10) days
thereafter, appoint as members those whom he determines to
be suitable therefor. Appointments shall be in writing, signed by
the punong barangay, and attested to by the barangay
secretary.
(e) The list of appointed members shall be posted in three (3)
conspicuous places in the barangay for the entire duration of
their term of office; and
(f) In barangays where majority of the inhabitants are members
of indigenous cultural communities, local systems of settling
disputes through their councils of datus or elders shall be
recognized without prejudice to the applicable provisions of this
Code.
Section 400. Oath and Term of Office. - Upon appointment,
each lupon member shall take an oath of office before the
punong barangay. He shall hold office until a new lupon is
constituted on the third year following his appointment unless
sooner terminated by resignation, transfer of residence or
place of work, or withdrawal of appointment by the punong
barangay with the concurrence of the majority of all the
members of the lupon.
Section 401. Vacancies. - Should a vacancy occur in the lupon
for any cause, the punong barangay shall immediately appoint
a qualified person who shall hold office only for the unexpired
portion of the term.
Section 402. Functions of the Lupon. - The lupon shall:
(a) Exercise administrative supervision over the conciliation
panels provided herein;
(b) Meet regularly once a month to provide a forum for
exchange of ideas among its members and the public on
matters relevant to the amicable settlement of disputes, and to
enable various conciliation panel members to share with one
another their observations and experiences in effecting speedy
resolution of disputes; and
(c) Exercise such other powers and perform such other duties
and functions as may be prescribed by law or ordinance.
Section 403. Secretary of the Lupon. - The barangay secretary
shall concurrently serve as the secretary of the lupon. He shall
record the results of mediation proceedings before the punong
barangay and shall submit a report thereon to the proper city or
municipal courts. He shall also receive and keep the records of
proceedings submitted to him by the various conciliation
panels.
Section 404. Pangkat ng Tagapagkasundo. -
(a) There shall be constituted for each dispute brought before
the lupon a conciliation panel to be known as the pangkat ng
tagapagkasundo, hereinafter referred to as the pangkat,
consisting of three (3) members who shall be chosen by the
parties to the dispute from the list of members of the lupon.
Should the parties fail to agree on the pangkat membership,
the same shall be determined by lots drawn by the lupon
chairman.
(b) The three (3) members constituting the pangkat shall elect
from among themselves the chairman and the secretary. The
secretary shall prepare the minutes of the pangkat proceedings
and submit a copy duly attested to by the chairman to the
lupon secretary and to the proper city or municipal court. He
shall issue and cause to be served notices to the parties
concerned.
The lupon secretary shall issue certified true copies of any
public record in his custody that is not by law otherwise
declared confidential.
Section 405. Vacancies in the Pangkat. - Any vacancy in the
pangkat shall be chosen by the parties to the dispute from
among the other lupon members. Should the parties fail to
agree on a common choice, the vacancy shall be filled by lot to
be drawn by the lupon chairman.
Section 406. Character of Office and Service of Lupon
Members. -
(a) The lupon members, while in the performance of their
official duties or on the occasion thereof, shall be deemed as
persons in authority, as defined in the Revised Penal Code.
(b) The lupon or pangkat members shall serve without
compensation, except as provided for in Section 393 and
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without prejudice to incentives as provided for in this Section
and in Book IV of this Code. The Department of the Interior and
Local Government shall provide for a system of granting
economic or other incentives to the lupon or pangkat members
who adequately demonstrate the ability to judiciously and
expeditiously resolve cases referred to them. While in the
performance of their duties, the lupon or pangkat members,
whether in public or private employment, shall be deemed to
be on official time, and shall not suffer from any diminution in
compensation or allowance from said employment by reason
thereof.
Section 407. Legal Advice on Matters Involving Questions of
Law. - The provincial, city legal officer or prosecutor or the
municipal legal officer shall render legal advice on matters
involving questions of law to the punong barangay or any lupon
or pangkat member whenever necessary in the exercise of his
functions in the administration of the katarungang
pambarangay.
Section 408. Subject Matter for Amicable Settlement;
Exception Thereto. - The lupon of each barangay shall have
authority to bring together the parties actually residing in the
same city or municipality for amicable settlement of all disputes
except:
(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 propio refer the case to the lupon
concerned for amicable settlement.
Section 409. Venue. -
(a) Disputes between persons actually residing in the same
barangay shall be brought for amicable settlement before the
lupon of said barangay.
(b) Those involving actual residents of different barangays
within the same city or municipality shall be brought in the
barangay where the respondent or any of the respondents
actually resides, at the election of the complaint.
(c) All disputes involving real property or any interest therein
shall be brought in the barangay where the real property or the
larger portion thereof is situated.
(d) Those arising at the workplace where the contending
parties are employed or at the institution where such parties
are enrolled for study, shall be brought in the barangay where
such workplace or institution is located.
Objections to venue shall be raised in the mediation
proceedings before the punong barangay; otherwise, the same
shall be deemed waived. Any legal question which may
confront the punong barangay in resolving objections to venue
herein referred to may be submitted to the Secretary of Justice,
or his duly designated representative, whose ruling thereon
shall be binding.
Section 410. Procedure for Amicable Settlement. -
(a) Who may initiate proceeding - Upon payment of the
appropriate filing fee, any individual who has a cause of action
against another individual involving any matter within the
authority of the lupon may complain, orally or in writing, to the
lupon chairman of the barangay.
(b) Mediation by lupon chairman - Upon receipt of the
complaint, the lupon chairman shall within the next working day
summon the respondent(s), with notice to the complainant(s)
for them and their witnesses to appear before him for a
mediation of their conflicting interests. If he fails in his
mediation effort within fifteen (15) days from the first meeting of
the parties before him, he shall forthwith set a date for the
constitution of the pangkat in accordance with the provisions of
this Chapter.
(c) Suspension of prescriptive period of offenses - While the
dispute is under mediation, conciliation, or arbitration, the
prescriptive periods for offenses and cause of action under
existing laws shall be interrupted upon filing the complaint with
the punong barangay. The prescriptive periods shall resume
upon receipt by the complainant of the complainant or the
certificate of repudiation or of the certification to file action
issued by the lupon or pangkat secretary: Provided, however,
That such interruption shall not exceed sixty (60) days from the
filing of the complaint with the punong barangay.
(d) Issuance of summons; hearing; grounds for disqualification
- The pangkat shall convene not later than three (3) days from
its constitution, on the day and hour set by the lupon chairman,
to hear both parties and their witnesses, simplify issues, and
explore all possibilities for amicable settlement. For this
purpose, the pangkat may issue summons for the personal
appearance of parties and witnesses before it. In the event that
a party moves to disqualify any member of the pangkat by
reason of relationship, bias, interest, or any other similar
grounds discovered after the constitution of the pangkat, the
matter shall be resolved by the affirmative vote of the majority
of the pangkat whose decision shall be final. Should
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disqualification be decided upon, the resulting vacancy shall be
filled as herein provided for.
(e) Period to arrive at a settlement - The pangkat shall arrive at
a settlement or resolution of the dispute within fifteen (15) days
from the day it convenes in accordance with this section. This
period shall, at the discretion of the pangkat, be extendible for
another period which shall not exceed fifteen (15) days, except
in clearly meritorious cases.
Section 411. Form of settlement. - All amicable settlements
shall be in writing, in a language or dialect known to the
parties, signed by them, and attested to by the lupon chairman
or the pangkat chairman, as the case may be. When the
parties to the dispute do not use the same language or dialect,
the settlement shall be written in the language known to them.
Section 412. Conciliation. -
(a) Pre-condition to Filing of Complaint 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.
(b) Where Parties May Go Directly to Court. - The parties may
go directly to court in the following instances:
(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.
Section 413. Arbitration. -
(a) The parties may, at any stage of the proceedings, agree in
writing that they shall abide by the arbitration award of the
lupon chairman or the pangkat. Such agreement to arbitrate
may be repudiated within five (5) days from the date thereof for
the same grounds and in accordance with the procedure
hereinafter prescribed. The arbitration award shall be made
after the lapse of the period for repudiation and within ten (10)
days thereafter.
(b) The arbitration award shall be in writing in a language or
dialect known to the parties. When the parties to the dispute do
not use the same language or dialect, the award shall be
written in the language or dialect known to them.
Section 414. Proceedings Open to the Public; Exception. - All
proceedings for settlement shall be public and informal:
Provided, however, That the lupon chairman or the pangkat
chairman, as the case may be, may motu proprio or upon
request of a party, exclude the public from the proceedings in
the interest of privacy, decency, or public morals.
Section 415. Appearance of Parties in Person. - In all
katarungang pambarangay proceedings, the parties must
appear in person without the assistance of counsel or
representative, except for minors and incompetents who may
be assisted by their next-of-kin who are not lawyers.
Section 416. Effect of Amicable Settlement and Arbitration
Award. - The amicable settlement and arbitration award shall
have the force and effect of a final judgment of a court upon
the expiration of ten (10) days from the date thereof, unless
repudiation of the settlement has been made or a petition to
nullify the award has been filed before the proper city or
municipal court.
However, this provision shall not apply to court cases settled
by the lupon under the last paragraph of Section 408 of this
Code, in which case the compromise or the pangkat chairman
shall be submitted to the court and upon approval thereof, have
the force and effect of a judgment of said court.
Section 417. Execution. - The amicable settlement or
arbitration award may be enforced by execution by the lupon
within six (6) months from the date of the settlement. After the
lapse of such time, the settlement may be enforced by action in
the appropriate city or municipal court.
Section 418. Repudiation. - Any party to the dispute may,
within ten (10) days from the date of the settlement, repudiate
the same by filing with the lupon chairman a statement to that
effect sworn to before him, where the consent is vitiated by
fraud, violence, or intimidation. Such repudiation shall be
sufficient basis for the issuance of the certification for filing a
complaint as hereinabove provided.
Section 419. Transmittal of Settlement and Arbitration. - Award
to the Court. - The secretary of the lupon shall transmit the
settlement or the arbitration award to the appropriate city or
municipal court within five (5) days from the date of the award
or from the lapse of the ten-day period repudiating the
settlement and shall furnish copies thereof to each of the
parties to the settlement and the lupon chairman.
Section 420. Power to Administer Oaths. - The punong
barangay, as chairman of the lupong tagapamayapa, and the
members of the pangkat are hereby authorized to administer
oaths in connection with any matter relating to all proceedings
in the implementation of the katarungang pambarangay.
Section 421. Administration; Rules and Regulations. - The city
or municipal mayor, as the case may be, shall see to the
efficient and effective implementation and administration of the
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katarungang pambarangay. The Secretary of Justice shall
promulgate the rules and regulations necessary to implement
this Chapter.
Section 422. Appropriations. - Such amount as may be
necessary for the effective implementation of the katarungang
pambarangay shall be provided for in the annual budget of the
city or municipality concerned.
2. Administrative Circular No. 14-93 (Guidelines on the
Katarungang Pambarangay Concilitaiton Procedure to
Prevent Circumvention of the Revised Katarungang
Pambarangay Law)
TO: ALL REGIONAL TRIAL COURTS, METROPOLITAN
TRIAL COURTS, MUNICIPAL TRIAL COURTS AND
MUNICIPAL CIRCUIT TRIAL COURTS
SUBJECT: GUIDELINES ON THE KATARUNGANG
PAMBARANGAY CONCILIATION PROCEDURE TO
PREVENT CIRCUMVENTION OF THE REVISED
KATARUNGANG PAMBARANGAY LAW (SECTIONS 399-
422, CHAPTER VII, TITLE I, BOOK III, R.A. 7160.
OTHERWISE KNOWN AS THE LOCAL GOVERNMENT
CODE OF 1991).
The Revised Katarungang Pambarangay Law under R.A.
7160, otherwise known as the local Government Code of 1991,
effective on January 1, 1992, and which repealed P.D. 1508,
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.
In order that the laudable purpose of the law may not be
subverted and its effectiveness undermined by indiscriminate,
improper and/or premature issuance of certifications to file
actions in court by the Lupon or Pangkat Secretaries, attested
by the Lupon/Pangkat Chairmen, respectively, the following
guidelines are hereby issued for the information of trial court
judges in cases brought before them coming from the
Barangays:
I. 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, partnership 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
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:
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 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
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) (Sec. 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).
II. Under the provisions of R.A. 7160 on Katarungang
Pambarangay conciliation, as implemented by the
Katarungang Pambarangay Rules and Regulations
promulgated by the Secretary of Justice, the certification for
filing a complaint in court or any government office shall be
issued by Barangay authorities only upon compliance with the
following requirements:
1. Issued by the Lupon Secretary and attested by the
Lupon Chairman (Punong Barangay), certifying that a
confrontation of the parties has taken place and that a
conciliation settlement has been reached, but the same
has been subsequently repudiated (Sec. 412, Revised
Katarungang Pambarangay Law; Sec. 2[h], Rule III,
Katarungang Pambarangay Rules);
2. Issued by the Pangkat Secretary and attested by the
Pangkat Chairman, certifying that:
a. a confrontation of the parties took place but no
conciliation/settlement has been reached (Sec. 4[f],
Rule III, Katarungang Pambarangay Rules; or
b. that no personal confrontation took place before the
Pangkat through no fault of the complainant (Sec.
4[f], Rule III, Katarungang Pambarangay Rules).
Family Conflict Dispute Resolution (FDR)
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3. Issued by the Punong Barangay, as requested by the
proper party on the ground of failure of settlement where
the dispute involves members of the same indigenous
cultural community, which shall be settled in accordance
with the customs and traditions of that particular cultural
community, or where one or more of the parties to the
aforesaid dispute belong to the minority and the parties
mutually agreed to submit their dispute to the indigenous
system of amicable settlement, and there has been no
settlement as certified by the datu or tribal leader or elder
to the Punong Barangay of place of settlement (Secs. 1,4
& 5, Rule IX, Katarungang Pambarangay Rules); and
4. If mediation or conciliation efforts before the Punong
Barangay proved unsuccessful, there having been no
agreement to arbitrate (Sec. 410 [b], Revised
Katarungang Pambarangay Law; Sec. 1, c. (1), Rule III,
Katarungang Pambarangay Rules), or where the
respondent fails to appear at the mediation proceeding
before the Punong Barangay (3rd par. Sec. 8, a, Rule VI,
Katarungang Pambarangay Rules), the Punong
Barangay shall not cause the issuance at this stage of a
certification to file action, because it is now mandatory for
him to constitute the Pangkat before whom mediation,
conciliation, or arbitration proceedings shall be held.
III. All complaints and/or informations filed or raffled to your
sala/branch of the Regional Trial Court shall be carefully read
and scrutinized to determine if there has been compliance with
prior Barangay conciliation procedure under the Revised
Katarungang Pambarangay Law and its Implementing Rules
and Regulations, as a pre-condition to judicial action,
particularly whether the certification to file action attached to
the records of the case comply with the requirements
hereinabove enumerated in par. II;
IV. A case filed in court without compliance with prior Barangay
conciliation which is a pre-condition for formal adjudication
(Sec. 412 [a] of the Revised Katarungang Pambarangay Law)
may be dismissed upon motion of defendant/s, not for lack of
jurisdiction of the court but for failure to state a cause of action
or prematurity (Royales vs. IAC, 127 SCRA 470; Gonzales vs.
CA, 151 SCRA 289), or the court may suspend proceedings
upon petition of any party under Sec. 1, Rule 21 of the Rules of
Court; and refer the case motu proprio to the appropriate
Barangay authority, applying by analogy Sec. 408 [g], 2nd par.,
of the Revised Katarungang Pambarangay Law which reads as
follows:
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 case to the Lupon
concerned for amicable settlement.
Strict observance of these guidelines is enjoined. This
Administrative Circular shall be effective immediately.
Manila, Philippines. July 15, 1993.
(Sgd.) ANDRES R. NARVASA
Chief Justice
E. FAMILY CODE PROVISIONS ON CONFLICT
RESOLUTION
1. Articles 96 and 124, Family Code (administration of
property)
Art. 96. The administration and enjoyment of the community
property shall belong to both spouses jointly. In case of
disagreement, the husband's decision shall prevail, subject to
recourse to the court by the wife for proper remedy, which must
be availed of within five years from the date of the contract
implementing such decision.
In the event that one spouse is incapacitated or otherwise
unable to participate in the administration of the common
properties, the other spouse may assume sole powers of
administration. These powers do not include disposition or
encumbrance without authority of the court or the written
consent of the other spouse. In the absence of such authority
or consent, the disposition or encumbrance shall be void.
However, the transaction shall be construed as a continuing
offer on the part of the consenting spouse and the third person,
and may be perfected as a binding contract upon the
acceptance by the other spouse or authorization by the court
before the offer is withdrawn by either or both offerors.
Art. 124. The administration and enjoyment of the conjugal
partnership shall belong to both spouses jointly. In case of
disagreement, the husband's decision shall prevail, subject to
recourse to the court by the wife for proper remedy, which must
be availed of within five years from the date of the contract
implementing such decision.
In the event that one spouse is incapacitated or otherwise
unable to participate in the administration of the conjugal
properties, the other spouse may assume sole powers of
administration. These powers do not include disposition or
encumbrance without authority of the court or the written
consent of the other spouse. In the absence of such authority
or consent, the disposition or encumbrance shall be void.
However, the transaction shall be construed as a continuing
offer on the part of the consenting spouse and the third person,
and may be perfected as a binding contract upon the
acceptance by the other spouse or authorization by the court
before the offer is withdrawn by either or both offerors.
2. Articles 211 and 225, Family Code (parental authority
and guardianship)
Art. 211. The father and the mother shall jointly exercise
parental authority over the persons of their common children.
In case of disagreement, the father's decision shall prevail,
unless there is a judicial order to the contrary.
Children shall always observe respect and reverence towards
their parents and are obliged to obey them as long as the
children are under parental authority.
Art. 225. The father and the mother shall jointly exercise legal
guardianship over the property of the unemancipated common
child without the necessity of a court appointment. In case of
disagreement, the father's decision shall prevail, unless there
is a judicial order to the contrary.
Where the market value of the property or the annual income
of the child exceeds P50,000, the parent concerned shall be
required to furnish a bond in such amount as the court may
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determine, but not less than ten per centum(10%) of the value
of the property or annual income, to guarantee the
performance of the obligations prescribed for general
guardians.

A verified petition for approval of the bond shall be filed in the

proper court of the place where the child resides, or, if the child
resides in a foreign country, in the proper court of the place
where the property or any part thereof is situated.

The petition shall be docketed as a summary special

proceeding in which all incidents and issues regarding the
performance of the obligations referred to in the second
paragraph of this Article shall be heard and resolved.

The ordinary rules on guardianship shall be merely suppletory

except when the child is under substitute parental authority, or
the guardian is a stranger, or a parent has remarried, in which
case the ordinary rules on guardianship shall apply.

3. Article 69 (domicile)

Art. 69. The husband and wife shall fix the family domicile. In
case of disagreement, the court shall decide.

The court may exempt one spouse from living with the other if
the latter should live abroad or there are other valid and
compelling reasons for the exemption. However, such
exemption shall not apply if the same is not compatible with the
solidarity of the family.

4. Article 73 (profession)

Art. 73. Either spouse may exercise any legitimate profession,

occupation, business or activity without the consent of the
other. The latter may object only on valid, serious, and moral
grounds.

In case of disagreement, the court shall decide whether or not:

(1) The objection is proper; and

(2) Benefit has occurred to the family prior to the objection or
thereafter. If the benefit accrued prior to the objection, the
resulting obligation shall be enforced against the separate
property of the spouse who has not obtained consent.

The foregoing provisions shall not prejudice the rights of

creditors who acted in good faith.

5. Article 151 (suit between members of the family)

Art. 151. No suit between members of the same family shall

prosper unless it should appear from the verified complaint or
petition that earnest efforts toward a compromise have been
made, but that the same have failed. If it is shown that no such
efforts were in fact made, the same case must be dismissed.
This rules shall not apply to cases which may not be the
subject of compromise under the Civil Code.