Attend barangay proceedings, or plaint may reach court

Attend barangay proceedings, or plaint may reach court "My cousin who has a heart ailment received a summon from their barangay chairman to appear in a hearing for an unspecified complaint filed against him. He did not attend the first hearing per advice of his doctor to avoid stressful conditions as he was recently treated for myocardiac infarction. His health condition was verbally conveyed to the barangay chairman before the scheduled date of the first hearing. However, he again received a second summon. Since his blood pressure rose to 150/100 and was not feeling well, he was not able to attend. So he again wrote the chairman that due to his medical condition, he cannot attend the hearing. Can my cousin, because of the above reasons, ignore a third summon if ever this will be served against him? What is the effect of the complainant not affixing his signature and of the complaint not specified in the summons? He was told that will be divulged in the hearing. But isn’t it his basic right to know beforehand what is the complaint being hurled against him? EfrenDear Efren, The Katarungang Pambarangay is specifically designed to minimize the influx of cases which would be otherwise filed in court. Through this system, petty or minor differences among neighbors, friends or strangers living within the same barangay or city or municipality are brought first before the barangay for the possibility of an out of court settlement. In a way it minimizes the upsurge of court cases which will surely clog court dockets.Though not all cases for mediation or conciliation brought before the Barangay are settled, it is still an effective way of decreasing the cases that may be filed in court that is why the law made it mandatory. Section 412, Chapter VII, Title I of Republic Act 7160 otherwise known as the Local Government Code of 1991, provides: “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.”Clearly, barangay conciliation is a condition precedent before a case is filed in court where the issues fall within the jurisdiction of the Katarungang Pambarangay. Since the said process is mandatory, the failure to appear of the complainant without justifiable cause shall cause the dismissal of the complaint. On the other hand, if the respondent fails to attend without reasonable excuse, his/her counterclaim will be dismissed and barred from filing in court and may be punished for indirect contempt of court. This in accordance with Section 8(a) Rule VI, Katarungang Pambarangay Rules, to wit:“xxxUpon similar failure of the respondent to appear, any counterclaim he has made that arises from or is necessarily connected with the complainant’s may be dismissed. Such dismissal, ordered by the Punong Barangay/Pangkat chairman after giving the respondent an opportunity to explain his non-appearance shall be certified to by the Lupon or Pangkat Secretary, as the case may be, and shall bar the respondent from filing such counterclaim in court or any government office for adjudication. Further, in all cases where the respondent fails to appear at the mediation proceedings before the Punong Barangay, it is mandatory for the latter to constitute the Pangkat pursuant to Section 1(c), Rule III hereof, but the respondent’s refusal or willful failure to appear without justifiable reason before the Pangkat, as determined by the latter after notice and hearing , shall be a sufficient basis for the issuance of a certification for filing a complainant’s cause of action in court or with the proper government agency or office.In addition, such willful failure or refusal to appear may subject the recalcitrant party or witness to punishment as for contempt of court, upon application filed by the Lupon Chairman, Pangkat Chairman or any of the contending parties with the local trial court.” The above provision is applicable to your cousin. Since he is still recuperating from his medical condition, he has a reason not to attend the hearing before the Barangay. But he should not take for granted the complaint filed against him and as soon as his condition permits, he must attend the said proceedings as the same may reach the court if no settlement is arrived at, which will make things more complicated for him.The format of the summon which the barangay shall send to the parties is provided by the Katarungang Pambarangay Rules, which includes among other the parties to the complaint, barangay case number, the subject matter of the case.Furthermore, proceedings in the Barangay are not bound by technical rules which are applied in court or any other quasi-judicial bodies.Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.We hope that we were able to guide you with our opinion on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net." - https://www.affordablecebu.com/