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is the government, or any subdivision or President may determine in the interest [3] Issued by the Punong Barangay as

ADMINISTRATIVE CIRCULAR NO. 14-93 instrumentality thereof; of justice or upon the recommendation requested by the proper party on the
[2] Where one party is a public officer or of the Secretary of Justice; ground of failure of settlement where
TO: ALL REGIONAL TRIAL COURTS, employee and the dispute relates to the [10] Where the dispute arises from the the dispute involves members of the
METROPOLITAN TRIAL COURTS, performance of his official functions; Comprehensive Agrarian Reform Law same indigenous cultural community,
MUNICIPAL TRIAL COURTS AND [3] Where the dispute involves real (CARL) [Secs. 46 & 47, R. A. 6657]; which shall be settled in accordance with
MUNICIPAL CIRCUIT TRIAL COURTS properties located in different cities and [11] Labor disputes or controversies the customs and traditions of that
SUBJECT: GUIDELINES ON THE municipalities, unless the parties thereto arising from employer-employee particular cultural community, or where
KATARUNGANG PAMBARANGAY agree to submit their difference to relations [Montoya vs. Escayo, et al., 171 one or more of the parties to the
CONCILIATION PROCEDURE TO PREVENT amicable settlement by an appropriate SCRA 442; Art. 226, Labor Code, as aforesaid dispute belong to the minority
CIRCUMVENTION OF THE REVISED Lupon; amended, which grants original and and the parties mutually agreed to
KATARUNGANG PAMBARANGAY LAW [4] Any complaint by or against exclusive jurisdiction over conciliation submit their dispute to the indigenous
[SECTIONS 399-422, CHAPTER VII, TITLE I, corporations, partnerships or juridical and mediation of disputes, grievances or system of amicable settlement, and
BOOK III, R. A. 7160, OTHERWISE entities, since only individuals shall be problems to certain offices of the there has been no settlement as certified
KNOWN AS THE LOCAL GOVERNMENT parties to Barangay conciliation Department of Labor and Employment]; by the datu or tribal leader or elder to
CODE OF 1991]. proceedings either as complainants or [12] Actions to annul judgment upon a the Punong Barangay of place of
respondents [Sec. 1, Rule VI, compromise which may be filed directly settlement (Secs. 1,4 & 5, Rule IX,
The Revised Katarungang Pambarangay Katarungang Pambarangay Rules]; in court [See Sanchez vs. Tupaz, 158 Katarungang Pambarangay Rules); and
Law under R. A. 7160, otherwise known [5] Disputes involving parties who SCRA 459]. [4] If mediation or conciliation efforts
as the Local Government Code of 1991, actually reside in barangays of different before the Punong Barangay proved
effective on January 1, 1992 and which cities or municipalities, except where II. Under the provisions of R. A. 7160 on unsuccessful, there having been no
repealed P. D. 1508, introduced such barangay units adjoin each other Katarungang Pambarangay conciliation, agreement to arbitrate (Sec. 410 [b],
substantial changes not only in the and the parties thereto agree to submit as implemented by the Katarungang Revised Katarungang Pambarangay Law;
authority granted to the Lupong their differences to amicable settlement Pambarangay Rules and Regulations Sec. 1, c. (1), Rule III, Katarungang
Tagapamayapa but also in the procedure by an appropriate Lupon; promulgated by the Secretary of Justice, Pambarangay Rules), or where the
to be observed in the settlement of [6] Offenses for which the law prescribes the certification for filing a complaint in respondent fails to appear at the
disputes within the authority of the a maximum penalty of imprisonment court or any government office shall be mediation proceeding before the Punong
Lupon. In order that the laudable exceeding one [1] year or a fine of over issued by Barangay authorities only upon Barangay (3rd par. Sec. 8, a, Rule VI,
purpose of the law may not be subverted five thousand pesos (P5,000.00); compliance with the following Katarungang Pambarangay Rules), the
and its effectiveness undermined by [7] Offenses where there is no private requirements:chanroblesvirtuallawlibrary Punong Barangay shall not cause the
indiscriminate, improper and/or offended party; [1] Issued by the Lupon Secretary and issuance at this stage of a certification to
premature issuance of certifications to [8] Disputes where urgent legal action is attested by the Lupon Chairman (Punong file action, because it is now mandatory
file actions in court by the Lupon or necessary to prevent injustice from being Barangay), certifying that a confrontation for him to constitute the Pangkat before
Pangkat Secretaries, attested by the committed or further continued, of the parties has taken place and that a whom mediation, conciliation, or
Lupon/Pangkat Chairmen, respectively, specifically the following: conciliation settlement has been arbitration proceedings shall be held.
the following guidelines are hereby [a] Criminal cases where accused is under reached, but the same has been
issued for the information of trial court police custody or detention [See Sec. 412 subsequently repudiated (Sec. 412, III. All complaints and/or informations
judges in cases brought before them (b) (1), Revised Katarungang Revised Katarungang Pambarangay Law; filed or raffled to your sala/branch of the
coming from the Barangays: Pambarangay Law]; Sec. 2[h], Rule III, Katarungang Regional Trial Court shall be carefully
[b] Petitions for habeas corpus by a Pambarangay Rules); read and scrutinized to determine if
I. All disputes are subject to Barangay person illegally deprived of his rightful [2] Issued by the Pangkat Secretary and there has been compliance with prior
conciliation pursuant to the Revised custody over another or a person illegally attested by the Pangkat Chairman Barangay conciliation procedure under
Katarungang Pambarangay Law [formerly deprived of or on acting in his behalf; certifying that: the Revised Katarungang Pambarangay
P. D. 1508, repealed and now replaced by [c] Actions coupled with provisional [a] a confrontation of the parties took Law and its Implementing Rules and
Secs. 399-422, Chapter VII, Title I, Book remedies such as preliminary injunction, place but no conciliation/settlement has Regulations as a pre-condition to judicial
III, and Sec. 515, Title I, Book IV, R.A. attachment, delivery of personal been reached (Sec. 4[f], Rule III, action, particularly whether the
7160, otherwise known as the Local property and support during the Katarungang Pambarangay Rules); or certification to file action attached to the
Government Code of 1991], and prior pendency of the action; and [b] that no personal confrontation took records of the case comply with the
recourse thereto is a pre-condition [d] Actions which may be barred by the place before the Pangkat through no requirements hereinabove enumerated
before filing a complaint in court or any Statute of Limitations. fault of the complainant (Sec. 4[f], Rule in Par. II;
government offices, except in the III, Katarungang pambarangay Rules).
following disputes: [1] Where one party [9] Any class of disputes which the 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:chanrobles virtual law library
"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.

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