Certificate to File Action for Non-Attendance in Summons

Can a Certificate to File Action be Issued if the Respondent Did Not Attend the Third Summons?

The topic involves the issuance of a Certificate to File Action (CFA) when the respondent fails to attend a summons.

Katarungang Pambarangay System in the Philippines

In the Philippines, the Katarungang Pambarangay (KP) system is a community-based dispute resolution mechanism mandated under the Local Government Code of 1991 (Republic Act No. 7160). The system requires certain disputes between community members to first be brought before a Barangay Lupon (local dispute resolution body) before they can be filed in court【6†source】.

Purpose of a Certificate to File Action

A Certificate to File Action (CFA) is an official document issued by the Barangay Captain or the Lupon Secretary, certifying that mediation efforts have failed and allowing the dispute to be taken to court【8†source】.

Attendance of Summons

When a complaint is filed with the barangay, the parties are summoned for mediation. If the respondent fails to attend the summons after being notified thrice, the barangay may issue a CFA, indicating that the respondent has not cooperated with the barangay dispute resolution process【7†source】.

Legal Basis for Issuing a Certificate

The CFA can be issued after the third and final summons is ignored. The issuance of a CFA is in line with the intent of the law, which is to provide an opportunity for amicable settlement at the community level before taking legal action【9†source】. The document is a prerequisite for filing a case in court for disputes covered by the KP system.

Conclusion

A CFA can indeed be issued if the respondent does not attend the third summons in the barangay dispute resolution process. This certificate serves as a prerequisite for escalating the matter to the judiciary.