L.

Jurisdiction of Shari'a Courts

Shari'a courts- created under Art 137 of PD 1083 (1977)
- recognition of legal systems of the Muslims in the Philippines as part
of the law of the land and seeks to make Islamic institutions more
effective."
- subject to administrative supervision of the SC

i.

Petitions by Muslims for the constitution of a family home,

change of name and commitment of an insane person to an
asylum;

ii.

All other personal and real actions not mentioned in paragraph

(d) of the immediately preceding topic (customary contracts
where parties are Muslims) , wherein the parties involved are
Muslims except those for forcible entry and unlawful detainer,
which shall fall under the exclusive original jurisdiction of the
Municipal Circuit Court; and

iii.

All special civil actions for interpleader or declaratory relief

wherein the parties are Muslims or the property involved
belong exclusively to Muslims.

I. TYPES OF SHARIA COURTS

1. Shari'a District Courts- judges receive the same compensation and
privileges as RTC judges
(a.) EXCLUSIVE AND ORIGINAL JURISDICTION - by virtue of Art, 143 PD
1083
i.

all cases involving custody, guardianship, legitimacy, paternity

and filiation arising under the Code.

ii.

all cases involving disposition, distribution and settlement of

estates of deceased Muslims, probate of wills, issuance of
letters of administration or appointment of administrators or
executors regardless of the nature or the aggregate value of the
property;

iii.

Petitions for the declaration of absence and death and for the
cancellation or correction of entries in the Muslim Registries
mentioned in Title VI of Book Two of the Code

iv.

All actions arising from customary contracts in which the

parties are Muslims, if they have not specified which law shall
govern their relations; and

v.

All petitions for mandamus, prohibition, injunction, certiorari,

habeas corpus, and all other auxiliary writs and processes in
aid of its appellate jurisdiction.

(b.) CONCURRENT JURISDICTION - with existing civil courts

(c.) APPELLATE JURISDICTION

i.

all cases tried in the Shari'a Circuit Courts within their

territorial jurisdiction

ii.

Sharia District Court shall decide every case appealed to it on

the basis of the evidence and records transmitted as well as
such memoranda, briefs or oral arguments as the parties may
submit (Art. 144, P.D. 1083).

RULE: decisions of the Shari'a District Courts whether on appeal from

the Shari'a Circuit Court or not shall be final; but nothing herein
contained shall affect the original and appellate jurisdiction of the SC as
provided in the Constitution.
2. Shari'a Circuit Courts- judges receive the same compensation and
privileges as MTC judges
(a.) EXCLUSIVE AND ORIGINAL JURISDICTION
i.
All cases involving offenses defined and punished under this
Code.

ii.

iii.

All civil actions and proceedings between parties who are

Muslims or have been married in accordance with Art. 13
involving disputes relating to:
Marriage;
Divorce recognized under the Code (P.D. 1083);
Betrothal or breach of contract to marry;
Customary dower (mahr);
Disposition and distribution of property upon
divorce;
Maintenance and support, and consolatory gifts,
(mu?a); and
Restitution of marital rights.
All cases involving disputes relative to communal properties.
(Art. 155, P.D. 1083).

RULE: Shari'a courts shall be governed by special rules of procedure as

promulgated by the SC (Art 158 PD 1083)

M. Jurisdiction Over Civil Cases Subject to Summary

Procedure (Basic Features)
- 1991 Revised Rules on Summary Procedure govern the procedure in
the MeTC, MTCC, MTC, MCTC (Sec. 1,1991 Revised Rules on Summary
Procedure).
I. CIVIL CASES SUBJECT TO SUMMARY PROCEDURE
(a) all cases of forcible entry and unlawful detainer irrespective of
the amount of damages or unpaid rentals sought to be
recovered; and
(b) all other cases where the total amount of the plaintiffs claim
does not exceed P100,000 (outside Metro Manila), or does not
exceed P200,000 (Metro Manila), exclusive of interests and
costs.

i.

Probate proceedings are not covered by the rule

on summary procedure regardless of gross value
of the estate. (Sec. 1A )

II. PLEADINGS (allowed)

GR: The only pleadings in an ordinary civil action allowed in a summary
procedure
(a) complaint
(b) compulsory counterclaim, pleaded in the answer
(c) cross-claim pleaded in the answer, and
(d) answer to these pleadings (Sec. 3) Under the same
provision, all the pleadings shall be verified.
PLEADINGS and motions (prohibited) (Sec. 19)
(a) Motion to dismiss except upon two grounds, namely:
i. failure to comply with the barangay conciliation
proceedings, and
ii. lack of jurisdiction over the subject matter. Motion for bill
of particulars;
(b) Motion for new trial, or a motion for reconsideration of a
judgment, or a motion for reopening of trial;
(c) Petition for relief from judgment;
(d) Motion for extension of time to file pleadings, affidavits
(e) and other papers;
(f) Memoranda;
(g) Petition for certiorari, mandamus or prohibition against an
interlocutory order of the court;
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third-party complaints;
(l) Interventions.
EXCEPTIONS: extraordinary circumstances

The Court in one case allowed a petition for certiorari because

the trial court gravely abused its discretion by indefinitely
suspending the proceedings in ejectment cases thus, acting
contrary to the purposes of the Rules on Summary Procedure.
o

a 'procedural void' because the order of the trial court cannot

be appealed since it is interlocutory and covered by Rules on
Summary Procedure

RULE: In a civil case governed by the Rules on Summary Procedure, no

hearing is conducted, but instead, the parties are required to submit
their respective position papers (Five Star Marketing Corporation v.
Booc, 535 SCRA 28, 47).
III. OUTRIGHT DISMISSAL
The court in a summary procedure may dismiss the case outright on
any of the grounds for the dismissal of a civil action apparent from the
complaint, the examination of the allegations therein and the evidence
attached thereto. If no ground for dismissal, the court shall issue
summons, stating that the summary procedure applies to the case (Sec.
4, 1991 Revised Rules on Summary Procedure).
IV. ANSWER
1. Within ten (10) days from service of summons, the defendant shall
file his answer to the complaint and serve a copy thereof on the
plaintiff.
(a.) The answer should contain the affirmative and negative defenses
applicable.
(b.) Defenses not pleaded in the answer shall be deemed waived
except lack of jurisdiction over the subject matter (Sec. 5).
(c.) Cross-claims and compulsory counterclaims not asserted in the
answer shall be considered barred (Sec. 5).

2. The answer to counterclaims or cross-claims shall be filed and served

within ten (10) days from service of the answer in which they are
pleaded (Sec. 5).
(a) Failure of defendant to answer the complaint within 10 days from
service of summons, the court may, motu proprio, or on motion of the
plaintiff, render judgment (not an order declaring the defendant in
default) as may be warranted by the facts alleged and limited to what
is prayed for (Sec. 6).
V. PRELIMINARY CONFERENCE; effects of failure to appear
1. Not later than thirty (30) days after the last answer is filed, a
preliminary conference shall be held using the rules on pre-trial in
ordinary cases unless inconsistent with the herein rules (Sec. 7).
2. The failure of the plaintiff to appear in the preliminary conference
shall be a cause for dismissal of his complaint.
(a.) If the defendant appears and the plaintiff does not, the defendant
shall be entitled to judgment on his counterclaim in accordance with
Sec. 6 of the Rules and all cross-claims shall be dismissed (Sec. 7)
3. If the sole defendant fails to appear, the plaintiff shall be entitled to
judgment in accordance with Sec. 6 of the RoSP.
(a.) BUT - This rule shall not apply where one of two or more
defendants who are sued under a common cause of action and who
have pleaded a common defense shall appear (Sec. 7)
VI. SUBSEQUENT PROCEEDINGS
1. Record of preliminary conference Within five (5) days after the
termination of the preliminary conference, the court shall issue an
order stating the matters taken up therein, including, but not limited to
the matters stated in Sec. 8 of the RoSP.
2. Submission of affidavits and position papers Within ten (10) days
from the receipt of the order mentioned above, the parties shall submit

the affidavits of their witnesses and other evidence on the factual issues
defined in the order. The position papers setting forth the law and the
facts relied upon by the parties shall also be submitted (Sec. 9).
(a.) The affidavits to be submitted shall state only facts of direct
personal knowledge of the affiants, which are admissible in
evidence. The affiants shall also show their competence to
testify to the matters stated therein (Sec. 20).
(b.) A violation of this rule may subject the party or counsel who
submits the defective affidavit to disciplinary action and shall
be cause for such affidavit or portion thereof to be expunged
from the record (Sec. 20).
3. Rendition of judgment - Within thirty (30) days after receipt of the
last affidavits and position papers, or the expiration of the period for
filing the same, the court shall render judgment (Sec. 10).
VII. APPEAL
1. The judgment or final order of the MTC- appealable to the RTC
(Sec.21)

The RTC shall decide the appeal on the basis of the entire
record of the proceedings held in the court of origin and such
memoranda and/or briefs as may be submitted by the parties
or required by the RTC (Sec. 22, B.P. 129, as amended).

2. RTC decision in civil cases - governed by Rule on Summary

Procedure, including forcible entry and unlawful detainer, shall be
immediately executory, without prejudice to a further appeal which
may be taken therefrom; appealable to CA by petition for review on an
error of fact or law (Sec. 22, B.P. 129, as amended) under Rule 42 of the
Rules of Court.

N. Jurisdiction Over Small Claims Cases

I. BASIC FEATURES
1. Apply suppletorily application of Rules of Civil Procedure to small
claims cases
thus, certain motions and pleadings normally allowed in civil
actions are prohibited in small claims cases.
2. The following are prohibited under Rule of Procedure for Small
Claims Cases:
(a) Motion to dismiss the complaint except on the ground of lack of
jurisdiction
Note as amended, the exception (on the ground of lack of
jurisdiction) has been deleted)
(b) Motion for a bill of particulars;
(c) Motion for new trial, or MR of a judgment or for reopening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits or any other
paper;
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against any
interlocutory order issued by the court;
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third-party complaints; and
(1) Interventions.
3. Use of Forms- One characteristic of a small claim action; which
simply have to be filled up by a party or the court.
(a) Statement of Claim - filed by plaintiff or his counsel instead
of a complaint; use Form I-SCC
(b) the answer of the defendant - filed by way of a Response
using Form 3-SCC.
(c) the decision of the court shall be contained in Form 13-SCC.

4. Purpose of the process- to provide an inexpensive and expeditious

means to settle disputes over small amounts; no attorneys, no formal
pleadings and no strict legal rules of evidence

Parties are encouraged to file small claims court actions to

resolve their minor disputes as opposed to resorting to selfhelp or forcible means to seek their remedy.

5. The Rule governs the procedure in actions before the MeTC, MTCC,
MTC, MCTC for the payment of money where the value of the claim does
not exceed P100,000.00 exclusive of interests and costs.
II. APPLICATION
1. The Rule of Procedure for Small Claims Cases applies to the following
actions:
(a) All actions that are purely civil in nature where the claim or
relief
prayed
for
by
the
plaintiff
is
solely
for
payment/reimbursement of a sum of money; and
(b) The civil aspect of criminal actions, either filed prior to the
institution of the criminal action, or reserved upon the filing of the
criminal action in court, pursuant to Rule 111 of the Revised Rules
of Criminal Procedure (Sec. 4, A.M. No. 08- 8-7-SC, as amended).
2. The claims or demands referred to may be for any of the following:
(a) for money owed
which may arise from: i. a contract of lease;
ii. a contract of loan;
iii. a contract of services;
iv. a contract of sale; or
v. a contract of mortgage (Sec. 4)
(b) for damages; or
which may arise from:

i. fault or negligence;
ii. quasi-contract; or
iii. contract

(c) for enforcement of a barangay amicable settlement or an

arbitration award involving money claims covered by this Rule
pursuant to Sec. 417 of R.A. 7160, otherwise known as the Local
Government Code of 1991 (Sec. 4).
3. The claims must be solely for money
a claim for delivery of goods or of documents cannot be
covered by the Rule.
GR: a suit cannot be brought in a Small Claims Court to force a
person or business to fix a damaged good, or to demand
fulfillment of a promised obligation which is not purely for
money.
EXP:
(a) Actual damage caused to vehicles, other personal property, real
property or person;
(b) Payment or reimbursement for property, deposit or money
loaned;
(c) Payment for services rendered, insurance claim, rent,
commissions, or for goods sold and delivered;
(d) Money claims pursuant to a contract, warranty or agreement;
(e) Purely civil action for payment of money covered by bounced or
stopped check.
III. COMMENCEMENT OF THE ACTION
1. HOW - by filing with the court, Form I- SCC (Statement of Claim- must
be duly accomplished, verified and filed in duplicate).

The plaintiff may join in a single statement of claim one or

more separate small claims against a defendant provided that
the total amount claimed exclusive of interests and costs, does
not exceed P100,000

2. Plaintiff - pay the docket and other legal fees unless allowed to
litigate as an indigent.
3. The Statement of Claim must be accompanied by a Certification of
Non-Forum Shopping written in Form I-A

If based on an actionable document, 2 duly certified

photocopies of the document must accompany the Statement
of Claim.
Also to be attached are the affidavits of witnesses and other
evidence to support the claim.
evidence not attached to or submitted together with the Claim
shall be not allowed during the hearing, unless good cause is
shown for the admission of additional evidence

(b)

IV. ACTION OF THE COURT

1. Upon receipt by the court of the Statement of Claim filed, it shall
make a determination whether or not the same falls under the Rule.
(a)

YES (the matter is a small claim)

the court may dismiss the case outright based on any ground
for the dismissal of a civil action apparent from the Claim.
basis of the dismissal shall be the allegations of the Claim and
such evidence attached thereto.
Under administrative guidelines, considerations to be made by
a judge:
o It must involve a pure money claim the principal
amount of which does not exceed P100,000.00.
o If the principal claim exceeds P100,000.00, there must
be a waiver of the excess embodied in the Statement of
Claim.
o BP 22 cases - the court may only entertain the civil
aspect as a small claim if no complaint for the offense
has yet been filed before the Office of the Prosecutor.
This fact must be stated under oath by the
plaintiff in the Statement of Claim, and

NO (the matter is not a small claim)

4. submitted affidavits- state only facts of direct personal knowledge of

the affiants
non-compliance= inadmissible in evidence; expunged from
record; Also, a violation of this requirement shall subject the
party as well as the counsel who assisted the party in the
preparation of the affidavits, to appropriate disciplinary action.

there should be an express waiver of such

criminal action in the Verification and
Certification of Non-Forum Shopping.

but it still falls within the jurisdiction of the First Level

Courts, the case should not be dismissed
judge should instead declare it governed by the appropriate
procedure (Regular Procedure or Summary Procedure)
The case should then be re-docketed but no re- assignment
(by raffle in a multi-sala court) is necessary
This will prevent the forfeiture of the filing fees already
paid by the party, and the case can be immediately acted
upon by the same court.

2. The submission of a Certificate to File Action from the barangay is a

pre-requisite in Small Claims covered by the barangay justice system.

Non-compliance= a ground for dismissal of a complaint.

Local Government Code - embodies the rules for mandatory
conciliation proceedings before the barangay in covered casesalthough Rule on Small claims not expressly state such
requirement.

V. SUMMONS AND NOTICE OF HEARING

1. If no ground for dismissal is found, the court shall issue the Summons
designated as Form 2-SCC, directing the defendant to file a verified
Response.
2. Also to be issued, but this time to both parties, is the Notice
embodied in Form 4-SSC, directing the parties to appear before the
court on a specific date and time for hearing.
This Notice shall contain a warning that no unjustified
postponement shall be allowed and an express prohibition
against the filing of a motion to dismiss or any other motion
under Sec. 14 of the Rule on Small Claims Cases.

VI. RESPONSE; COUNTERCLAIM

1. The defendant shall file his verified Response with the court and
serve the same on the plaintiff within 10 days from receipt of the
Summons.
This period is non- extendible.
accompanied by certified photocopies of documents, as well as
affidavits of witnesses and other evidence.
Evidence not so attached shall not be allowed during the
hearing except when good cause is shown for the admission of
additional evidence.
2. If at the time the action is commenced, the defendant possesses a
claim against the plaintiff that
(a) is within the coverage of this Rule, exclusive of interests
and costs;
(b) arises out of the same transaction or event that is the
subject matter of the plaintiffs claim;
(c) does not require for its adjudication the joinder of third
parties; and
(d) is not the subject of another pending action, the claim shall
be filed as a counterclaim in the Response. If it is not filed, the
defendant shall be barred from suit on the counterclaim.
3. If the counterclaim does not arise out of the same transaction or
occurrence that is the subject matter of the plaintiffs claim, the
defendant may also elect to file a counterclaim against the plaintiff
provided that:
(a) the amount and nature of the counterclaim are within the
coverage of the herein rule; AND
(b) the prescribed docket and other legal fees are paid
VII. FAILURE TO FILE A RESPONSE
1. FAIL TO FILE AND NOT APPEAR
If the defendant fails to file his Response within the required period,
AND fails to appear at the date set for hearing, the court shall render
judgment on the same day, as may be warranted by the facts.

2. FAIL TO FILE BUT APPEARS

If the defendant fails to file his Response within the required period
BUT he appears at the date set for hearing, the court shall ascertain
what defense he has to offer and proceed to hear, mediate or adjudicate
the case on the same day as if a Response has been filed.
VIII. APPREARANCE ON DATE OF HEARING; POSTPONEMENT
GR: parties shall appear at the designated date of hearing personally.

Appearance through a representative is not the rule

EXP: When a valid cause is shown

the representative of the individual- party must not be a
lawyer and must be related to or next-of- kin of said party
o representative must be authorized under a Special
Power of Attorney using Form 5-SCC.
o The representative is authorized to perform the
following acts:
to enter into an amicable settlement of the
dispute;
to enter into stipulations or admissions of
facts and of documentary exhibits
o A party which is a juridical entity shall not be
represented by a lawyer in any capacity
RULE: A request for postponement of a hearing may be granted only
upon proof of the physical inability of the party to appear before the
court. Only one (1) postponement may be availed of by a party.
IX. NON-APPEARANCE AT THE HEARING
1. Failure of plaintiff to appear = cause for the dismissal of the claim
without prejudice (hence, action may be refiled).

The defendant who appears shall be entitled to judgment on a

permissive counterclaim (not compulsory counterclaim)
2. GR: Failure of defendant to appear = same effect as failure to file a
response.

EXP: when other defendants who are sued under a common

cause of action and have pleaded a common defense appear at
the hearing

3. Failure of both parties to appear = dismissal with prejudice of both

the claim and counterclaim
X. APPEARANCE OF ATTORNEYS
1. No attorney shall appear in behalf of a party or represent a party at
the hearing.
allowed only if the attorney is the plaintiff or the defendant
2. The inability of a party to properly present his claim or defense is not
a reason to allow the appearance of an attorney.
In such an event, the court, in its discretion, may allow another
individual who is not an attorney to assist the party, provided
it is with the latters consent
XI. Duties of the court during the hearing; confidentiality of settlement
discussions
Hearing
1. At the beginning of the court session, the judge shall read aloud a
short statement explaining the nature, the purpose, and the rule of
procedure of small claims cases
2. At the hearing, the judge shall exert efforts to bring the parties to an
amicable settlement of their dispute
Any settlement (Form 7-SCC) or resolution (Form 8-SCC) of the
dispute shall be reduced into writing, signed by the parties and
submitted to the court for approval (Form 12-SCC).
Confidentiality
The settlement discussions shall be strictly confidential and any
reference to any settlement made in the course of such discussions
shall be punishable by contempt

Failure of settlement
If efforts at settlement fail, the hearing shall proceed and shall be
conducted in an informal and expeditious manner. It shall be
terminated within 1 day.
XII. DECISION
After the hearing, the court shall render its decision on the same day,
based on the facts established by the evidence (Form 13-SSC).

The decision shall immediately be entered by the Clerk of

Court in the court docket for civil cases and a copy thereof
forthwith served on the parties

No appeal - The decision of the court shall be final and

unappealable

Execution - If the decision is rendered in favor of the plaintiff,

the judgment shall be executed upon motion using Form 9-SCC.

O. Jurisdiction Over Barangay Conciliation Proceedings

(Basic Features)
I. BASIC PRINCIPLES
1. The Revised Katarungang Pambarangay Law under Secs. 399-422 of
R.A. 7160 (LGC) introduced substantial changes not only in the
authority granted to the Lupong Tagapamayapa but also in the
procedure to be observed in the settlement of disputes within the
authority of the Lupon.
2. The proceedings before the Lupong Tagapamayapa or the Pangkat ng
Tagapagkasundo of the Barangay are not judicial proceedings.
The Lupon and the Pangkat do not have inherent adjudicatory
powers
They resolve disputes or attempt to do so through mediation
and conciliation.

Any adjudicatory power exercised by any of these bodies must

be agreed upon by the parties in writing.

3. AIM of Katarungang Pambarangay Law- reduce the number of court

litigations and prevent the deterioration of the quality of justice which
has been brought about by the indiscriminate filing of cases in the
courts (Zamora v. Heirs of Izquierdo, 443 SCRA 224; Bar 1999).

The barangay justice system was established primarily as a

means of easing up the congestion of cases in the judicial
courts; now incorportated into the LGC.

II. INITIATION OF PROCEEDINGS

1. COMPLAINT- Upon payment of the appropriate filing fee, any
individual who has a cause of action against another individual
involving any matter within the authority of the Lupon may complain,
orally or in writing to the chairman of the Lupon.
The chairman of the Lupon - Punong Barangay
The fact that the complaint was addressed to the barangay
captain is of no moment because he is the chairman of the
Lupong Tagapamayapa
2. Upon receipt of the complaint, the chairman shall summon the
respondents within the next working day to appear.
If the chairman fails in his mediation efforts within 15 days
from the first meeting, he shall set a date to constitute the
Pangkat ng Tagapagkasundo
III. PERSONAL APPEARANCE OF PARTIES

The parties must appear in person in all Katarungang

Pambarangay proceedings
without the assistance of counsel or representatives, except for
minors and incompetents who may be assisted by their nextof-kin who are not lawyers.

III. PARTIES TO THE PROCEEDINGS

individuals who are parties either as complainants or
respondents.
Hence, no complaint by or against corporations, partnerships
or other juridical entities shall be filed, received or acted upon
IV. SUBJECT MATTERS FOR SETTLEMENT
GR: All disputes are subject to Barangay conciliation pursuant to the
Revised Katarungang Pambarangay Law and prior recourse thereto is a
pre-condition before filing a complaint in court or any government
offices.
EXCEPTIONS:
(a) Where one party is the government, or any sub- division or
instrumentality thereof;
(b) Where one party is a public officer or employee and the dispute
relates to the performance of his official functions;
(c) Where the dispute involves real properties located in different
cities and municipalities, unless the parties thereto agree to submit
their difference to amicable settlement by an appropriate Lupon;
(d) Any complaint by or against corporations, partnerships or
juridical entities, since only individuals shall be parties to Barangay
conciliation proceedings either as complainants or respondents
(Sec. 1, Rule VI, Katarungang Pambarangay Rules);
(e) Disputes involving parties who actually reside in barangays of
different cities or municipalities, except where such barangay units
adjoin each other and the parties thereto agree to submit their
differences to amicable settlement by an appropriate Lupon;
(f) Offenses for which the law prescribes a maximum penalty of
imprisonment exceeding 1year or a fine of over P5,000.00.
(g) Offenses where there is no private offended party;

(h) Disputes where urgent legal action is necessary to prevent

injustice from being committed or further continued, specifically the
following:
(i) Criminal cases where accused is under police custody or
detention
(ii) Petitions for habeas corpus by a person illegally deprived of his
rightful custody over another or a person illegally deprived of or on
acting in his behalf;
(iii) Actions coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property and support
during the pendency of the action; and
(iv) Actions which may be barred by the Statute of Limitations.
(i) Any class of disputes which the President may determine in the
interest of justice or upon the recommendation of the Secretary of
Justice;
(j) Where the dispute arises from the Comprehensive Agrarian
Reform Law (CARL) (Secs. 46 and 47, R. A. 6657);
(k) Labor disputes or controversies arising from employeremployee relations
(1) Actions to annul judgment upon a compromise which may be
filed directly in court (See Sanchez v. Tupaz, 158 SCRA 459); and
(m) Any class of disputes which the President may determine in the
interest of justice or upon the recommendation of the Secretary of
Justice.
V. REFERRAL TO THE LUPON BY THE COURT
The court in which a non-criminal case is filed may motu
proprio refer the case, at any time before trial, to the Lupon
concerned for amicable settlement, the foregoing rules not-

withstanding and even if the case does not fall within the
authority of the Lupon
VI. FORM OF SETTLEMENT

All amicable settlements shall be in writing

in a language or dialect known to the parties
signed by them and attested to by the lupon chairman or the
pangkat chairman, as the case may be
When the parties to the dispute do not use the same language
or dialect, the settlement shall be written in the language or
dialect known to them.

VII. EFFECT OF AMICABLE SETTLEMENT AND AWARD

1. The amicable settlement and arbitration award shall have the effect
of a final judgment of a court upon the expiration of 10 days from the
date thereof,
unless repudiation of the settlement has been made or a
petition to nullify the award has been filed before the proper
city or municipal court
REPUDIATION:
o Any party to the dispute
o may, within 10 days from the date of the settlement,
repudiate the same
o by filing with the lupon chairman a statement to that
effect
o sworn to before him, where the consent is vitiated by
fraud, violence or intimidation
o Such repudiation shall be a sufficient basis for the
issuance of the certification for filing a complaint
Failure to repudiate the settlement within the 10 day period =
waiver of the right to challenge the settlement on said grounds
VIII. EXECUTION OF AWARD OR SETTLEMENT
1. Execution shall issue upon the expiration of 10 days from date of
settlement or receipt of award.

2. The amicable settlement or award may be enforced by execution by

the Lupon within 6 months from date of the settlement or date of
receipt of the award or from the date the obligation stipulated or
adjudged in the settlement becomes due and demandable.

the Rules of Court provides only the following grounds for a

motu proprio dismissal:

After the lapse of period, the settlement or award may be

enforced by the appropriate local court pursuant to the
applicable provisions of the Rules of Court
6 months computed from the date of settlement

(b) there is another cause of action pending between the same

parties for the same cause;

3. The disputants may file a motion with the Punong Barangay, copy
furnished to the other disputants, for the execution of a final settlement
or award which has not been complied with

(a) the court has no jurisdiction over the subject matter;

(c) the action is barred by a prior judgment; and

(d) the action is barred by the statute of limitations

The required conciliation proceedings - not a jurisdictional

requirement because the failure to have prior recourse to it does
not deprive the court of its jurisdiction

A case filed in court without compliance with prior Barangay

conciliation which is a pre-condition for formal adjudication may
be dismissed upon motion of defendant/s That a condition
precedent for filing the claim has not been complied with
(amended version in the Rules of Court since 1997; before, ground
was failure to state a cause of action)

The non-referral of a case for barangay conciliation when so

required under the law is not jurisdictional in nature and may
therefore be deemed waived if not raised seasonably in a motion to
dismiss

IX. IMPORTANCE OF BRGY. CONCILIATION PROCEEDINGS

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
Rules on Summary Procedure: a motion to dismiss may be filed on
the ground of failure to undergo the barangay conciliation
proceedings

o
o
o

Since non-compliance to a condition precedent to filing of an

action is ground for motion to dismiss
Failure to undergo the barangay conciliation proceedings is
non-compliance of a condition precedent.

Court cannot motu proprio dismiss a case on the ground of failure

to comply with the requirement for barangay conciliation
o

the ground not being among those mentioned for the dismissal
of a complaint on the initiative of the court. Sec. 1 of Rule 9 of

Hence, a party who does not raise the defect seasonably can no
longer raise the defense of non-compliance with the barangay
conciliation proceedings to seek the dismissal of the complaint