Instances when parties of same barangay may file their actions directly to the court
Dear PAO,
I am the incumbent president of our village’s association. I am aware THAT IN CASE OF CONflICT, RESIDENTS OF THE SAME BARANGAY SHALL fiLE THEIR disputes before the Katarungang Pambarangay. However, are there instances when residents can go directly to the courts to institute their actions and complaints?
Rose
Dear Rose,
To answer your question, we shall refer to Republic Act (RA) 7160 (An Act Providing for a Local Government Code of 1991), which provides: “Section 412. Conciliation. – “(a) Pre-condition to Filing of Complaint in Court. - No complaint, petition, action, or proceeding involving any matter within the authority of the lupon shall be filed or instituted directly in court or any other government office for adjudication, unless there has been a confrontation between the parties before the lupon chairman or the pangkat, and that no conciliation or settlement has been reached as certified by the lupon secretary or pangkat secretary as attested to by the lupon or pangkat chairman or unless the settlement has been repudiated by the parties thereto.
“(b) Where Parties May Go Directly to Court. - The parties may go directly to court in the following instances:
“(1) Where the accused is under detention;
“(2) Where a person has otherwise been deprived of personal liberty calling for habeas corpus proceedings;
“(3) Where actions are coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property and support pendente lite; and
“(4) Where the action may otherwise be barred by the statute of limitations.
“xxx” (Emphases supplied) Applying the afore-mentioned law in your question, there are instances when a party may go directly to the court such as when the accused is under detention, when a person has been deprived of personal liberty calling for habeas corpus proceedings, when actions are coupled with provisional remedies, and when the action may be barred by the statute of limitations.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.