Dear Attorney,
I am currently involved in a legal situation where a physical injury has resulted in permanent deformity. I am aware that some disputes are required to undergo barangay conciliation before proceeding to court, but I am unsure if this type of serious physical injury would still require such proceedings. Could you clarify whether a case involving serious physical injury with permanent deformity is exempt from barangay conciliation?
Thank you for your assistance.
Sincerely,
Concerned Citizen
Insights
Under the Katarungang Pambarangay Law (Presidential Decree No. 1508), certain disputes are subject to mandatory barangay conciliation proceedings before they can be brought to court. However, there are specific exemptions outlined under the law, and one of these exemptions applies to cases involving serious physical injuries.
Serious physical injury, which may result in permanent deformity, falls under this exemption, as the law recognizes that such disputes involve a higher level of harm and potential criminal liability. Article 266 of the Revised Penal Code defines serious physical injuries as those that cause:
- Loss of the use of any part of the body,
- Permanent deformity or disfigurement,
- Loss of a sense (such as sight or hearing),
- Incapacity to work for a long period.
These cases involve more than just minor personal grievances that could be resolved at the community level; they are considered grave offenses and are often dealt with in higher courts due to their potential criminal implications. As such, disputes involving serious physical injury with permanent deformity are exempt from barangay conciliation proceedings.
Additionally, Section 408 of the Local Government Code of 1991 (Republic Act No. 7160) further specifies exemptions from barangay conciliation. It explicitly states that criminal cases with penalties that exceed one year of imprisonment or a fine of more than P5,000 are excluded from the barangay justice system. Since serious physical injuries carry penalties exceeding these thresholds, these cases bypass barangay conciliation and go directly to the courts.
In summary, serious physical injuries resulting in permanent deformity are exempt from barangay conciliation proceedings. You can directly file your case in court without the need for a barangay conciliation attempt. It is essential to consult with a lawyer to properly assess the severity of the injury and determine the best course of legal action for your specific situation.