Query: How long should it take for a barangay to issue the first, second, and third summons?
In the Philippines, the barangay justice system serves as a primary mechanism for resolving disputes at the community level. This system, known as the Katarungang Pambarangay, aims to provide an accessible and expedient means of justice for minor disputes and conflicts. The process includes the issuance of summons to the parties involved in a complaint. Understanding the timeline and procedure for these summonses is crucial for ensuring the system operates effectively and fairly.
First Summons
Upon receiving a complaint, the Barangay Captain or the designated Lupon Tagapamayapa (peace council) is responsible for studying the case. According to the Katarungang Pambarangay Law (Presidential Decree No. 1508), the first summons should typically be issued promptly. The law stipulates that the barangay must act on a complaint within the next working day to ensure the expeditious handling of disputes. Therefore, the issuance of the first summons should occur no later than the day following the filing of the complaint.
Second Summons
If the respondent fails to appear at the scheduled hearing indicated in the first summons, the barangay has the authority to issue a second summons. The timing for this second summons is generally at the discretion of the Barangay Captain or the Lupon Tagapamayapa, but it is expected to be issued shortly after the missed initial hearing. This prompt action ensures that the case proceeds without undue delay.
Third Summons
Should the respondent fail to respond to the second summons, the barangay may issue a third and final summons. Similar to the second summons, the third one should be issued as soon as practicable following the respondent's absence at the second scheduled hearing. The intent behind these successive summonses is to give the respondent ample opportunity to participate in the mediation process while maintaining the efficiency of the barangay justice system.
Summary
The issuance of summons in the barangay justice system is designed to be swift to facilitate timely resolution of disputes. The first summons should be issued by the next working day following the filing of the complaint. Subsequent summonses (second and third) are issued promptly after each missed hearing, ensuring that the process moves forward without unnecessary delays. This structured timeline underscores the commitment of the Katarungang Pambarangay to provide accessible and expedient justice at the community level.