REQUIREMENTS TO QUALIFY THE CASE IN THE KATARUNGANG PAMBARANGAY
Here are the following Requirements before the Lupon will have a jurisdiction over the case filed:
Requirements as to PARTIES to the dispute, and
Requirements as to the SUBJECT MATTER of the dispute
Requirements as to Venue
A. The Requirements as to PARTIES to the dispute are;
The parties MUST BE ACTUAL RESIDENTSof the same city or municipality.
The place where a person actually resides (KP Rules)
Physical or bodily presence in a place (DOJ Opinion Nos. 230 and 235, s. 1982)
It means actual or physical habitation as distinguished from domicile or legal residence (Garces vs. CA, 162 SCRA 525, June 23, 1988)
The barangay where one goes home regularly every weekend, although he may stay 5 or 6 days a week in another place (DOJ Opinion o. 230, s. 1982)
The barangay where one regularly stays during workdays or 5 days a week, every week, although it may be his intention to reside permanently in another place where he owns a house, the latter being considered his domicile, or legal residence and the former, as his actual residence (Garces vs. CA, June 23, 1988)
The barangay where one transfers his actual residence during the pendency of a case or before the filing of the case, although he may have resided in another barangay outside the city or municipality at the time of the commission of the act complained of (People vs. Caruncho, 127 SCRA 16, January 23, 1984)
The parties to the dispute must be natural persons or human beings. KP does not apply to cases where a juridical person such as corporation, partnership, organization, etc.
A party to a barangay settlement proceedings must be a REAL PARTY IN INTEREST. A real party in interest is one who stands to be benefited or injured by the judgment in the suit.
In all proceedings for amicable settlement, the parties must appear in person without the assistance of counsel or the intervention of anyone.
Minors and incompetence, however, may be assisted by their next of kin who is not a lawyer
EXAMPLE; A owes B P50,000 for the rental of B’s building. C who is the son of B cannot file a barangay case against A for a demand of payment because he is not a real party in interest.
B. The Requirements as to the SUBJECT MATTER of the dispute
The Lupon has the authority to amicably settle ALL DISPUTES subject to certain exceptions. The three groups of exceptions are:
The exceptions listed in Sec. 408, R.A. 7160;
The exceptions listed is Sec. 412, R.A. 7160;
The exceptions declared by the Supreme Court;
Offenses punishable by a local ordinance with imprisonment not exceeding one year or fine of not exceeding P5,000
Offenses punishable by special laws provided the penalties imposed do not exceed 1 year imprisonment and P5,000 fine
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
such other classes of disputes which the President may determine in the interest of justice or upon recommendation of the Secretary of Justice
Cases excluded from Lupon’s authority by rulings of the Supreme Court and the Department of Justice
Where the dispute arises from the Comprehensive Agrarian Reform Law (refer to BARC; DOJ Opinion No. 68, s. 1991)
Labor disputes or controversies arising from employer-employee relations (refer to DOLE or NLRC; Montoya vs. Escayo, 171 SCRA 442)
Actions to annul judgment upon a compromise (Sanchez vs. Tupay, 158 SCRA 459)
offenses where there is no private offended party, like:
Littering
Gambling
Jay walking
Public scandal
Vagrancy
Prostitution
NOTE; Despite the foregoing exceptions, the court in which non-criminal cases not falling within the authority of the lupon under these Katarungang Pambarangay Law and Rules are filed, may at any time before trial, on its own, refer the case to the lupon concerned for amicable settlement.
C. The Requirements as to Venue
where the parties reside in the same barangay, the dispute shall be brought for settlement in said barangay
where the parties reside in different barangays in the same city or municipality, the dispute shall be settled in the barangay where the respondent or any one of the respondents actually resides, at the choice of the complainant
dispute involving real property shall be brought for settlement in the barangay where the real property or larger portion thereof is situated
Dispute 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.
