Below is a comprehensive discussion on the Barangay Lupon conciliation process and the timeline involved in the issuance of a Certificate to File Action under the Katarungang Pambarangay (Barangay Justice System) in the Philippines, governed primarily by Sections 399 to 422 of Republic Act No. 7160 (the Local Government Code of 1991).

1. Overview of the Katarungang Pambarangay

1.1. Purpose and Policy

The Katarungang Pambarangay is a system established to promote the speedy administration of justice at the community level. Its primary aim is to amicably settle disputes without the necessity of pursuing court litigation, thereby decongesting the courts and fostering harmonious relationships among barangay residents.

1.2. Who Oversees the Process?

Each barangay (the smallest political unit in the Philippines) has a Lupon Tagapamayapa (“Lupon” for short), chaired by the Punong Barangay (Barangay Chairperson). The Lupon is responsible for settling disputes among barangay residents or those within the same city/municipality. A subset of the Lupon, called the Pangkat ng Tagapagsundo (“Pangkat”), may be convened to hear and settle specific disputes when initial mediation by the Punong Barangay fails.

2. Jurisdiction and Coverage of the Katarungang Pambarangay

2.1. Disputes Subject to Mandatory Conciliation

Not all disputes are required to undergo barangay conciliation. The general rule is that disputes between individuals who reside in the same city or municipality must first be brought to the barangay for conciliation, unless they are among the exceptions stated by law.

2.2. Exceptions to Mandatory Conciliation

Under the Local Government Code and various circulars issued by the Supreme Court, certain disputes are exempt from the mandatory Lupon conciliation, such as:

Where one party is the government or a government official in the performance of official duties.
Offenses with penalties exceeding one year’s imprisonment or a fine over $5,000 (or the corresponding Philippine peso equivalent).
Cases where urgent legal action is necessary to prevent injustice or irreparable injury (e.g., applications for an immediate restraining order).
Petitions for habeas corpus.
Actions coupled with a provisional remedy such as preliminary injunction, attachment, replevin, or support pendente lite.
Labor disputes covered by the Labor Code.
Disputes involving real properties located in different cities or municipalities, unless the parties reside in the same barangay where part of the property is situated.

If a dispute falls under any of these exceptions, the parties can file their case directly in court without going through the barangay conciliation process.

3. Filing of a Complaint and Composition of the Lupon

3.1. Filing the Complaint

A complainant who wishes to settle a dispute through the barangay must file a complaint with the Office of the Punong Barangay. The complaint should be in writing and must state:

The names and addresses of the parties.
The substance of the complaint or dispute.
Any other relevant facts that might aid the Punong Barangay in conciliation.

3.2. Initial Mediation by the Punong Barangay

Upon receipt of the written complaint, the Punong Barangay will invite the respondent to appear for mediation, aiming to facilitate a resolution without needing to convene the entire Lupon or the Pangkat. If mediation by the Punong Barangay does not succeed or if the parties do not appear, the dispute proceeds to be heard by the Pangkat ng Tagapagsundo.

4. The Pangkat ng Tagapagsundo Proceedings

4.1. Formation of the Pangkat

If initial mediation fails, the Punong Barangay forms a Pangkat ng Tagapagsundo (or simply, “Pangkat”), consisting of three members chosen by the parties (from among the Lupon members). If the parties cannot agree, they may each strike out names from a list of Lupon members until only three remain.

4.2. Hearing and Conciliation

Once constituted, the Pangkat has the responsibility to hold hearings and attempt to reconcile the parties. This phase is more formal than the Punong Barangay’s mediation but still encourages an amicable settlement rather than a full-blown adversarial proceeding.

5. Timelines in the Katarungang Pambarangay Process

5.1. From Filing to Mediation by the Punong Barangay

Upon Filing of the Complaint: The Punong Barangay sets a date and time for mediation. There is no hard-and-fast statutory deadline for the first mediation session, but it is generally done promptly to encourage early settlement.

5.2. Formation and Initial Meeting of the Pangkat

Non-Settlement at Mediation Stage: If mediation by the Punong Barangay fails, the next step is to convene the Pangkat.
Constitution of the Pangkat: The law expects that the Pangkat should be constituted without undue delay. Practical guidelines often suggest within 15 days from the failure of mediation or from the filing of the complaint (depending on local practice). Once the Pangkat is formed, it is required to set a hearing.

5.3. Period for Conciliation by the Pangkat

15-Day Period: From the time the Pangkat is formally constituted and convened, the Pangkat attempts conciliation. They normally have 15 days to effect an amicable settlement.
Extension of 15 Days: This 15-day period may be extended by another 15 days if both parties explicitly agree to the extension, and it appears likely that a settlement will be reached through further conciliation efforts.

5.4. Issuance of Certificate to File Action

Failure of Settlement: If, after mediation and the Pangkat conciliation efforts (and any agreed extension), the parties fail to reach an amicable settlement, the Pangkat or the Punong Barangay (as appropriate) issues a Certificate to File Action (CFA).
Grounds for Issuance of CFA:
- Failure of the parties to settle within the period allowed by law.
- Refusal or willful failure of the respondent to appear without justifiable reason.
- Dispute deemed otherwise non-settleable at the barangay level by reason of conflict with law or other clear grounds.
Effect of CFA: The CFA formally allows the complainant to seek recourse in court. Without this certificate (except where an exception applies), the court will dismiss the case for lack of jurisdiction if the dispute is one that is mandatorily covered by the barangay conciliation process.

6. Outcome of the Conciliation Process

6.1. Amicable Settlement

If the parties are able to reach an amicable settlement, such agreement must be:

Reduced to Writing: A written agreement is signed by the parties and attested by the Punong Barangay or Pangkat members.
Legal Effect and Enforcement: An amicable settlement has the effect of a contract. Once approved by the Lupon/Pangkat, it can be enforced by execution by the appropriate court if one of the parties fails to comply. Parties have 10 days from the date of the settlement to repudiate it on valid grounds (e.g., fraud, intimidation, or violence). If not repudiated within 10 days, the settlement becomes final and executory.

6.2. No Settlement and Issuance of CFA

When the conciliation efforts fail entirely, the CFA is issued, and the complainant can now file the case in court. Courts typically require the submission of the CFA (if the dispute is covered by the barangay process). Filing without the CFA may result in the dismissal of the suit for lack of a cause of action.

7. Enforcement of Settlement and Further Remedies

7.1. Execution Before the Barangay

Even after signing an amicable settlement, if the respondent refuses to comply, the aggrieved party may seek enforcement. The Lupon can try to enforce it through moral suasion and appeal to the sense of community.

7.2. Execution Through the Court

When moral suasion fails, the prevailing party may file a motion with the trial court for the settlement’s execution if the monetary amount or relief can be enforced by a court order.

7.3. Repudiation of Settlement

As mentioned, a party may repudiate an agreement within 10 days from learning of any fraud, violence, or intimidation that vitiated their consent. The burden of proving grounds for repudiation rests with the repudiating party.

8. Importance of the Certificate to File Action

8.1. Prerequisite for Court Action

For disputes that are mandatorily covered by the Katarungang Pambarangay, courts in the Philippines require a valid CFA, demonstrating that the barangay conciliation process has been exhausted or has failed before the matter is elevated to the courts.

8.2. Form and Validity

A CFA is typically a simple certification, signed by the Punong Barangay or the Chairman of the Pangkat, stating the case details, the parties’ names, and the fact that conciliation has failed. It is valid only for the dispute specified, and it indicates compliance with the barangay settlement procedure.

8.3. Grounds for Dismissal of a Court Case

If the dispute is within the coverage of the Katarungang Pambarangay but the plaintiff fails to attach a CFA upon filing, or fails to show that the dispute is exempted from the barangay proceedings, the complaint may be dismissed outright or suspended until the CFA is obtained.

9. Practical Tips and Reminders

Check if Your Dispute is Covered
Always verify whether your dispute falls under mandatory barangay conciliation or is one of the exempt categories.
File Promptly and Attend Scheduled Hearings
Non-attendance may result in delays or even dismissal of your complaint if you are the complainant—or admission of liability if you are the respondent (since failure to appear can be taken against the absent party).
Respect Timelines
The law provides concise timelines (the 15-day period plus an optional 15-day extension) to ensure the speedy resolution of disputes. Keep track of deadlines to avoid waiver of rights or procedural issues.
Consider Amicable Settlement
An amicable settlement at the barangay level often saves time, expense, and emotional stress compared to prolonged court litigation.
Secure the Certificate to File Action
If settlement efforts fail, or if the dispute is resolvable only by the judiciary after conciliation, secure your CFA without delay so you can validly proceed to court.

10. Conclusion

The Barangay Lupon conciliation process in the Philippines, as mandated by the Katarungang Pambarangay law (Sections 399–422 of R.A. 7160), is an essential step in many disputes within the same city or municipality. It aims to foster peace and harmony through amicable settlements at the community level, sparing disputants from the complexities and costs of full-blown court litigation. However, strict compliance with procedural timelines and the eventual issuance (or exemption) of a Certificate to File Action is crucial for cases that proceed to the judicial system. Understanding these rules, timelines, and procedures will help litigants and community members properly navigate the barangay justice system, either to achieve settlement or to secure the necessary documentation to pursue their claims in court.