Dear Attorney,
I recently received a summon from the barangay for confrontation with an individual. I believe I have a valid defense, and I would like to file a counter complaint. Could you guide me on how to proceed with this, especially at the barangay level? What are the steps I should follow and any legal considerations I need to keep in mind?

Thank you,
Concerned Citizen

Insights

In the Philippines, when an individual receives a summon from the barangay for confrontation, it is typically part of the barangay conciliation process under the Katarungang Pambarangay Law (Presidential Decree No. 1508). This law requires certain disputes to first be settled at the barangay level before being elevated to the courts.

Barangay Conciliation Process

The barangay conciliation process aims to provide an accessible and informal venue for resolving minor disputes within the community. It involves the barangay captain or the Lupon Tagapamayapa, a group of mediators who assist in settling disagreements between parties.

Upon receiving a summon, the respondent is required to attend the scheduled hearing or conciliation meeting. During this process, both parties will have the opportunity to present their sides of the issue.

Filing a Counter-Complaint

If a party receiving the summon believes they have grounds for a counter-complaint, they may raise it during the barangay hearing. To file a counter-complaint at the barangay level, the following steps are typically taken:

Attend the Summon: It is essential to attend the initial barangay confrontation meeting, as failure to appear may lead to a default resolution in favor of the complainant.
Present Counter-Complaint: During the conciliation meeting, the respondent can inform the barangay officials about their intention to file a counter-complaint. The barangay will take note of this and schedule another session, if necessary, to hear both sides fully.
Prepare Evidence and Witnesses: Similar to the original complaint, the party filing the counter-complaint must be prepared with evidence and witnesses to support their claims.
Seek Settlement or Certification: The primary goal of the barangay conciliation process is to reach an amicable settlement. If no agreement is reached after several attempts, the barangay will issue a "Certificate to File Action," allowing the parties to bring the case to court.

Legal Importance of Barangay Conciliation

Under the law, certain cases cannot be filed in court without first undergoing barangay conciliation. A certificate from the barangay is needed to proceed to litigation, and without this, the court may dismiss the case for non-compliance with the barangay conciliation requirement.

Common cases handled by barangays include:

Disputes between neighbors or family members
Minor property disputes
Certain civil and criminal cases involving community members

In contrast, cases involving more serious offenses, such as crimes punishable by imprisonment exceeding one year, are excluded from the barangay process.

Consulting an Attorney

For guidance in navigating the barangay conciliation process or for more serious disputes, it is advisable to seek legal counsel. A lawyer can help evaluate the strength of a counter-complaint and advise on the necessary steps if the case needs to escalate beyond the barangay level.