Below is a comprehensive discussion of the role of a Kagawad’s (Barangay Councilor’s) affidavit in the context of Barangay conciliation under Philippine law. This discussion is guided mainly by the Local Government Code of 1991 (Republic Act No. 7160), the Katarungang Pambarangay Law (formerly governed by Presidential Decree No. 1508), and established practices in the barangay justice system.

1. Background: The Barangay Justice System (Katarungang Pambarangay)

Before any dispute between residents of the same city or municipality proceeds to the regular courts, most cases must first be brought before the barangay’s Lupong Tagapamayapa (the Barangay Justice Committee) for conciliation or mediation. This requirement is mandated by law to:

Decongest court dockets;
Encourage amicable settlement of disputes;
Empower barangay officials to maintain peace, order, and harmonious community relations.

A “Kagawad” (Barangay Councilor) is one of the elected members of the Barangay Council. Certain councilors may be designated to sit as Lupon members or to serve in the Pangkat ng Tagapagkasundo (the conciliation panel), which specifically handles dispute resolution in the barangay.

2. What Is a Kagawad’s Affidavit in the Context of Barangay Conciliation?

In the barangay conciliation process, any statement, declaration, or narrative made under oath by a Kagawad involved in the proceedings can be referred to as a “Kagawad’s Affidavit.” Depending on the circumstances, such affidavit can have various purposes, including:

Affidavit of Facts: A Kagawad who personally witnessed a material event or who was present during the conciliation sessions might execute a sworn statement attesting to what transpired—such as the conduct of the mediation, the behavior of the parties, or the facts of the dispute as personally observed.
Affidavit of Non-Settlement or Refusal: If conciliation fails (for instance, if one party refuses to appear or abide by the settlement terms), a Kagawad on the conciliation panel might formalize this outcome by swearing to what happened. Although the Punong Barangay (Chairperson) often issues the Certificate to File Action, a Kagawad’s affidavit may supplement the record of failed proceedings.
Affidavit Supporting/Validating an Amicable Settlement: Where a dispute is successfully settled, a Kagawad may execute an affidavit confirming the fact of settlement, enumerating the terms agreed upon, and verifying the parties’ voluntary compliance.

3. Legal Basis and Purpose

a. Katarungang Pambarangay Provisions

Under Chapter 7, Title I, Book III of Republic Act No. 7160 (the Local Government Code), the Katarungang Pambarangay system is institutionalized. Key provisions include:

Section 399: Establishes the Lupon Tagapamayapa, chaired by the Punong Barangay, who may be assisted by Barangay Kagawads or other appointed members of the Lupon.
Section 402: Talks about the Pangkat ng Tagapagkasundo, a mediation panel drawn from the Lupon, which can include Kagawads.
Sections 410–416: Detail the procedure for filing complaints, conducting mediation, and issuing the Certificate to File Action in case of non-settlement.

While these provisions do not specifically label a “Kagawad’s Affidavit,” they enable Lupon members (including Kagawads) to execute official documents in furtherance of the conciliation process. The law contemplates that written records—often in the form of affidavits, minutes, or certifications—are needed to document important facts, proceedings, or the outcome of a conciliation.

b. Evidentiary Use in Court

If the dispute escalates to the courts, documents originating from the barangay proceedings can become part of the case record. A Kagawad’s sworn statement may be used:

To prove compliance with the condition precedent (i.e., that the dispute underwent barangay conciliation or that a settlement was reached/fell through);
To corroborate or refute certain factual matters that arose during the conciliation, especially if the Kagawad personally witnessed specific events or heard admissions by the parties;
As supporting evidence in subsequent legal proceedings, whether in criminal, civil, or quasi-judicial forums.

4. When Is a Kagawad’s Affidavit Usually Required?

Dispute Escalation or Appeal
When the matter is not resolved at the barangay level and must be taken to court, the Kagawad or the Pangkat Secretary sometimes provides a statement of what transpired. Although the standard process is for the Barangay Captain (Punong Barangay) to sign the Certificate to File Action, if additional clarification of facts is necessary, the Kagawad may prepare an affidavit.
Questions on Conduct of Proceedings
If a party challenges the validity of the proceedings—e.g., alleging lack of due notice, bias, or misconduct—any Kagawad present may be called upon to give a sworn statement. This affidavit can clarify that notices were duly served, that the sessions were fair and impartial, and that the settlement (or lack thereof) was properly documented.
Documentation of Partial Compliance or Breach
Even after an amicable settlement, one of the parties might default on its obligations. The aggrieved party may report this breach to the barangay. A Kagawad who facilitated or observed the partial compliance and subsequent breach can execute an affidavit clarifying the timeline of events, the terms of the settlement, and the specific default.

5. Format and Contents of a Kagawad’s Affidavit

While there is no single, uniform template mandated by law, a Kagawad’s affidavit typically contains the following:

Title or Caption: e.g., “Affidavit of Kagawad Juan Dela Cruz” or “Sworn Statement of Kagawad ___ re: Barangay Case No. __.”
Introduction: Stating the affiant’s identity, address, position as Kagawad, and role (e.g., Lupon member or Pangkat member).
Recitation of Facts: A clear, chronological statement of what the Kagawad personally saw or heard. This may include:
- How the complaint was filed;
- The date, time, and place of the conciliation proceedings;
- Statements made by the parties or their representatives;
- Whether a settlement was reached or refused.
Statement of Truth and Good Faith: An affirmation that the affiant is testifying truthfully and under oath.
Signature and Jurat: The document must be duly notarized or subscribed before any person authorized to administer oaths.

6. Practical Implications and Limitations

Affidavits Are Subject to Rules of Evidence
As with any affidavit, the Kagawad’s statement is subject to scrutiny in court. Its admissibility and probative weight will depend on the personal knowledge of the affiant, consistency with other evidence, and compliance with rules on authentication and execution.
Confidentiality and Privileged Communications
Certain matters discussed in conciliation may be confidential. Typically, any admission or confession made by a disputant specifically for the purpose of settlement cannot be used against them if the settlement fails. However, factual observations—like whether a party appeared or refused to sign—are not privileged and can be testified to by a Kagawad.
Not a Substitute for the Certificate to File Action
Even if the Kagawad’s affidavit discusses the failed settlement, it does not replace the need for the official Certificate to File Action from the Punong Barangay (or from the Lupon Secretary, if authorized). The affidavit is a supporting document, not the principal instrument allowing parties to proceed to court.
Limited Scope
A Kagawad’s affidavit is confined to the barangay conciliation context—i.e., it covers what happened during that process. It does not grant any new authority to the Kagawad. It simply serves as a sworn statement reflecting the Kagawad’s personal knowledge or the official proceedings in which the Kagawad was involved.

7. Practical Tips for Kagawads and Litigants

Documentation is Key: Kagawads tasked with dispute resolution should keep clear and detailed notes. If they foresee that an affidavit might later be required, they should maintain accurate records of dates, times, attendance, and a concise summary of the dispute’s progress.
Maintain Impartiality: As a public official, the Kagawad’s credibility is critical. Affidavits must be neutral, factual, and free from bias.
Consult the Punong Barangay: While a Kagawad’s affidavit may be helpful, major decisions—like issuing a Certificate to File Action—remain within the authority of the Lupon Chairman (usually the Punong Barangay), unless the law or local procedures permit a Kagawad to issue certain documentation in the absence or inhibition of the Punong Barangay.
Legal Assistance: If a case is especially contentious or the facts are complicated, either party (and the Kagawad, for clarity) may seek assistance from the Municipal or City Legal Office or a private lawyer when drafting or interpreting the affidavit.

8. Conclusion

A Kagawad’s affidavit after a barangay conciliation serves as a crucial supporting document that can establish the facts surrounding the conciliation process, confirm an amicable settlement, or show that the process failed to yield an agreement. It is not a standalone instrument that replaces the formal Certificate to File Action, but it can become an important piece of evidence if the dispute proceeds to formal litigation.

By maintaining neutrality and adhering to established procedures for notarization and execution, a Kagawad’s affidavit upholds the integrity of the Katarungang Pambarangay system. Ultimately, it helps ensure that the dispute resolution process at the barangay level remains transparent, credible, and effective in fostering community harmony.