Query: What should a respondent do if a complainant refuses the decision for amicable settlement by the Lupon Tagapamayapa in the Philippines?

In the Philippines, Barangay (village) justice systems, or Lupon Tagapamayapa, facilitate the amicable settlement of disputes between community members to prevent the escalation to formal court systems. This system is mandated under the Local Government Code of 1991, specifically designed to encourage amicable settlements among disputing parties within the community. However, not all attempts at reconciliation through the Lupon result in agreement.

Legal Steps Following the Refusal of an Amicable Settlement

When a complainant refuses to accept the decision of the Lupon for an amicable settlement, the process does not automatically revert to a traditional court system. Instead, the Lupon's decision can lead to a few potential outcomes, depending on the actions of the complainant:

Issuance of a Certificate to File Action: If the amicable settlement fails and no agreement is reached after the mediation process, the Lupon issues a Certificate to File Action. This certificate allows either party to take the dispute to a formal court. It's a necessary document because without it, the judiciary typically dismisses any case filed that falls under the jurisdiction of the Lupon.
Further Barangay Proceedings: Sometimes, if both parties agree, the matter can be set for another hearing in the Barangay to attempt a second resolution. This is more common when both parties are still open to negotiations but need more time to consider their options or gather more information.
Voluntary Compliance or Private Agreement: In some cases, even if the complainant refuses the formal settlement proposal documented by the Lupon, parties might still reach a private agreement informally. Such agreements, however, might not have the formal enforcement backing unless documented and recognized by the Lupon.

Legal Implications and Rights of the Respondent

For the respondent, it's crucial to understand that the refusal of the other party to accept an amicable settlement does not equate to a legal judgment against them. The respondent has the right to:

Request a Certificate to File Action to pursue legal remedies in court.
Participate in further Barangay-led negotiations if the complainant agrees.
Seek legal advice to understand better the implications of the ongoing dispute and potential court proceedings.

Conclusion

The refusal of an amicable settlement by one party in Barangay mediation does not conclude the legal process. Both parties can either attempt further community mediation or proceed to formal court litigation, facilitated by the issuance of a Certificate to File Action by the Lupon. Respondents should be aware of their rights and the subsequent steps they can take within the legal framework provided by the Philippine legal system. For detailed guidance, consulting with a legal professional who understands local laws and Barangay procedures is advisable.