Under the Katarungang Pambarangay Law (primarily governed by Chapter 7, Title I, Book III of the Local Government Code of 1991, R.A. 7160), certain disputes are required to undergo mediation and conciliation proceedings at the barangay level before they can be filed in court. However, there are specific exemptions where these proceedings are not mandatory. Below is a consolidated list of the most commonly cited exemptions:
1. When the Government (or Its Instrumentality) Is a Party
- Where one party is the government, or any subdivision or instrumentality thereof (e.g., a national government agency, a local government unit, government corporation).
- The rationale is that the Katarungang Pambarangay system was designed primarily for private disputes among residents.
2. Where the Dispute Does Not Involve Individuals Residing in the Same or Adjacent Barangay
- Disputes involving parties who do not reside in the same city/municipality (or in adjoining barangays) are generally outside the jurisdiction of the Lupon Tagapamayapa, unless all parties voluntarily agree to submit to barangay conciliation.
3. Where the Real Property in Dispute Is Located in Different Jurisdictions
- Real properties located in different cities or municipalities (i.e., not within the same barangay or in adjoining barangays), unless the parties voluntarily agree to submit to conciliation.
4. Offenses Punishable by Imprisonment Exceeding One (1) Year or a Fine Exceeding ₱5,000
- Criminal cases in which the prescribed penalty exceeds one year of imprisonment or exceeds ₱5,000 in fine are outside the coverage of mandatory barangay conciliation.
- The Katarungang Pambarangay primarily handles less serious offenses (e.g., slight physical injuries, light threats, simple theft of small value, etc.).
5. Offenses Where There Is No Private Offended Party
- Offenses considered as crimes against public order or the State (e.g., gambling, illegal possession of firearms, treason) lack a private complainant and thus do not go through the barangay conciliation process.
6. Disputes Involving Labor or Agrarian Relations
- Labor disputes or controversies arising from employer-employee relationships (e.g., unpaid wages, illegal dismissal) are handled by the Department of Labor and Employment (DOLE) or the National Labor Relations Commission (NLRC), not by the Lupon.
- Agrarian disputes under the jurisdiction of the Department of Agrarian Reform (DAR) are also excluded.
7. Cases Already Covered by Other Special Laws or Agencies
- Certain disputes are placed under the jurisdiction of other tribunals or agencies by law (e.g., family courts for issues involving minors, administrative bodies like the DAR Adjudication Board for agrarian conflicts, etc.).
- In these situations, the barangay conciliation mechanism does not apply.
8. Where Urgent Legal Action Is Necessary
- Situations requiring immediate court relief (e.g., issuance of a temporary restraining order, writ of preliminary injunction, or other urgent remedies) are generally deemed excluded.
- The law does not require parties to wait for barangay conciliation if urgent intervention by the courts is needed to prevent irreparable harm or injustice.
9. Instances Where the Supreme Court Excludes the Dispute
- The Supreme Court, through rules of procedure or administrative circulars, may exclude certain civil or criminal cases from barangay conciliation, such as certain unlawful detainer (ejectment) cases governed by the Rules on Summary Procedure.
Legal References
Republic Act No. 7160 (Local Government Code of 1991)
- Primarily found in Sections 399–422, which detail the Katarungang Pambarangay system.Administrative Circulars of the Supreme Court
- Relevant issuances clarifying which civil and criminal cases fall under the Lupon’s jurisdiction or are excluded.Department of Justice (DOJ) Opinions/Guidelines
- Occasionally issued to clarify questions on the scope and applicability of barangay conciliation.
Key Takeaways
- The overarching principle of Katarungang Pambarangay is to decongest courts by providing an alternative dispute resolution mechanism at the barangay level.
- Despite its broad coverage, not all conflicts are required to pass through the barangay conciliation process.
- Understanding these exemptions ensures that parties do not waste time in an incorrect forum and that they can pursue legal action directly in the appropriate tribunal when the dispute falls under any recognized exception.