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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 partof the law of the land and seeks to make Islamic institutions more

effective."- subject to administrative supervision of the SC

I. TYPES OF SHARIA COURTS

1. Shari'a District Courts- judges receive the same compensation andprivileges as RTC judges

(a.) EXCLUSIVE AND ORIGINAL JURISDICTION - by virtue of Art, 143 PD1083

i. all cases involving custody, guardianship, legitimacy, paternityand filiation arising under the Code.

ii. all cases involving disposition, distribution and settlement ofestates of deceased Muslims, probate of wills, issuance ofletters of administration or appointment of administrators orexecutors regardless of the nature or the aggregate value of theproperty;

iii. Petitions for the declaration of absence and death and for thecancellation or correction of entries in the Muslim Registriesmentioned in Title VI of Book Two of the Code

iv. All actions arising from customary contracts in which theparties are Muslims, if they have not specified which law shallgovern their relations; and

v. All petitions for mandamus, prohibition, injunction, certiorari,habeas corpus, and all other auxiliary writs and processes inaid of its appellate jurisdiction.

(b.) CONCURRENT JURISDICTION - with existing civil courts

i. Petitions by Muslims for the constitution of a family home,change of name and commitment of an insane person to anasylum;

ii. All other personal and real actions not mentioned in paragraph(d) of the immediately preceding topic (customary contractswhere parties are Muslims) , wherein the parties involved areMuslims except those for forcible entry and unlawful detainer,which shall fall under the exclusive original jurisdiction of theMunicipal Circuit Court; and

iii. All special civil actions for interpleader or declaratory reliefwherein the parties are Muslims or the property involvedbelong exclusively to Muslims.

(c.) APPELLATE JURISDICTION

i. all cases tried in the Shari'a Circuit Courts within theirterritorial jurisdiction

ii. Sharia District Court shall decide every case appealed to it onthe basis of the evidence and records transmitted as well assuch memoranda, briefs or oral arguments as the parties maysubmit (Art. 144, P.D. 1083).

RULE: decisions of the Shari'a District Courts whether on appeal fromthe Shari'a Circuit Court or not shall be final; but nothing hereincontained shall affect the original and appellate jurisdiction of the SC asprovided in the Constitution.

2. Shari'a Circuit Courts- judges receive the same compensation andprivileges as MTC judges

(a.) EXCLUSIVE AND ORIGINAL JURISDICTIONi. All cases involving offenses defined and punished under this

Code.

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ii. All civil actions and proceedings between parties who areMuslims or have been married in accordance with Art. 13involving 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.

iii. 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 aspromulgated by the SC (Art 158 PD 1083)

M. Jurisdiction Over Civil Cases Subject to SummaryProcedure (Basic Features)

- 1991 Revised Rules on Summary Procedure govern the procedure inthe MeTC, MTCC, MTC, MCTC (Sec. 1,1991 Revised Rules on SummaryProcedure).

I. CIVIL CASES SUBJECT TO SUMMARY PROCEDURE

(a) all cases of forcible entry and unlawful detainer irrespective ofthe amount of damages or unpaid rentals sought to berecovered; and

(b) all other cases where the total amount of the plaintiffs claimdoes not exceed P100,000 (outside Metro Manila), or does notexceed P200,000 (Metro Manila), exclusive of interests andcosts.

i. Probate proceedings are not covered by the ruleon summary procedure regardless of gross valueof the estate. (Sec. 1A )

II. PLEADINGS (allowed)

GR: The only pleadings in an ordinary civil action allowed in a summaryprocedure

(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 sameprovision, 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, andii. 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

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The Court in one case allowed a petition for certiorari becausethe trial court gravely abused its discretion by indefinitelysuspending the proceedings in ejectment cases thus, actingcontrary to the purposes of the Rules on Summary Procedure.

o a 'procedural void' because the order of the trial court cannotbe appealed since it is interlocutory and covered by Rules onSummary Procedure

RULE: In a civil case governed by the Rules on Summary Procedure, nohearing is conducted, but instead, the parties are required to submittheir 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 thecomplaint, the examination of the allegations therein and the evidenceattached thereto. If no ground for dismissal, the court shall issuesummons, 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 shallfile his answer to the complaint and serve a copy thereof on theplaintiff.

(a.) The answer should contain the affirmative and negative defensesapplicable.

(b.) Defenses not pleaded in the answer shall be deemed waivedexcept lack of jurisdiction over the subject matter (Sec. 5).

(c.) Cross-claims and compulsory counterclaims not asserted in theanswer shall be considered barred (Sec. 5).

2. The answer to counterclaims or cross-claims shall be filed and servedwithin ten (10) days from service of the answer in which they arepleaded (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 theplaintiff, render judgment (not an order declaring the defendant indefault) as may be warranted by the facts alleged and limited to whatis 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, apreliminary conference shall be held using the rules on pre-trial inordinary 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 defendantshall be entitled to judgment on his counterclaim in accordance withSec. 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 tojudgment in accordance with Sec. 6 of the RoSP.

(a.) BUT - This rule shall not apply where one of two or moredefendants who are sued under a common cause of action and whohave pleaded a common defense shall appear (Sec. 7)

VI. SUBSEQUENT PROCEEDINGS

1. Record of preliminary conference Within five (5) days after thetermination of the preliminary conference, the court shall issue anorder stating the matters taken up therein, including, but not limited tothe matters stated in Sec. 8 of the RoSP.

2. Submission of affidavits and position papers Within ten (10) daysfrom the receipt of the order mentioned above, the parties shall submit

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the affidavits of their witnesses and other evidence on the fact ual issuesdefined in the order. The position papers setting forth the law and thefacts 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 inevidence. The affiants shall also show their competence totestify to the matters stated therein (Sec. 20).

(b.) A violation of this rule may subject the party or counsel whosubmits the defective affidavit to disciplinary action and shallbe cause for such affidavit or portion thereof to be expungedfrom the record (Sec. 20).

3. Rendition of judgment - Within thirty (30) days after receipt of thelast affidavits and position papers, or the expiration of the period forfiling 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 entirerecord of the proceedings held in the court of origin and suchmemoranda and/or briefs as may be submitted by the partiesor required by the RTC (Sec. 22, B.P. 129, as amended).

2. RTC decision in civil cases - governed by Rule on SummaryProcedure, including forcible entry and unlawful detainer, shall beimmediately executory, without prejudice to a further appeal whichmay be taken therefrom; appealable to CA by petition for review on anerror of fact or law (Sec. 22, B.P. 129, as amended) under Rule 42 of theRules 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 civilactions are prohibited in small claims cases.

2. The following are prohibited under Rule of Procedure for SmallClaims Cases:

(a) Motion to dismiss the complaint except on the ground of lack ofjurisdiction

Note as amended, the exception (on the ground of lack ofjurisdiction) 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 otherpaper;(f) Memoranda;(g) Petition for certiorari, mandamus, or prohibition against anyinterlocutory 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; whichsimply have to be filled up by a party or the court.

(a) Statement of Claim - filed by plaintiff or his counsel insteadof a complaint; use Form I-SCC(b) the answer of the defendant - filed by way of a Responseusing Form 3-SCC.(c) the decision of the court shall be contained in Form 13-SCC.

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4. Purpose of the process- to provide an inexpensive and expeditiousmeans to settle disputes over small amounts; no attorneys, no formalpleadings 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 self-help 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 doesnot exceed P100,000.00 exclusive of interests and costs.

II. APPLICATION

1. The Rule of Procedure for Small Claims Cases applies to the followingactions:

(a) All actions that are purely civil in nature where the claim orrelief prayed for by the plaintiff is solely forpayment/reimbursement of a sum of money; and

(b) The civil aspect of criminal actions, either filed prior to theinstitution of the criminal action, or reserved upon the filing of thecriminal action in court, pursuant to Rule 111 of the Revised Rulesof 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; orv. a contract of mortgage (Sec. 4)

(b) for damages; orwhich may arise from: i. fault or negligence;

ii. quasi-contract; oriii. contract

(c) for enforcement of a barangay amicable settlement or anarbitration award involving money claims covered by this Rulepursuant to Sec. 417 of R.A. 7160, otherwise known as the LocalGovernment Code of 1991 (Sec. 4).

3. The claims must be solely for money a claim for delivery of goods or of documents cannot becovered by the Rule.

GR: a suit cannot be brought in a Small Claims Court to force aperson or business to fix a damaged good, or to demandfulfillment of a promised obligation which is not purely formoney.

EXP:(a) Actual damage caused to vehicles, other personal property, realproperty or person;(b) Payment or reimbursement for property, deposit or moneyloaned;(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 orstopped check.

III. COMMENCEMENT OF THE ACTION

1. HOW - by filing with the court, Form I- SCC (Statement of Claim- mustbe duly accomplished, verified and filed in duplicate).

The plaintiff may join in a single statement of claim one ormore separate small claims against a defendant provided thatthe total amount claimed exclusive of interests and costs, doesnot exceed P100,000

2. Plaintiff - pay the docket and other legal fees unless allowed tolitigate as an indigent.

3. The Statement of Claim must be accompanied by a Certification ofNon-Forum Shopping written in Form I-A

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If based on an actionable document, 2 duly certifiedphotocopies of the document must accompany the Statementof Claim.

Also to be attached are the affidavits of witnesses and otherevidence to support the claim.

evidence not attached to or submitted together with the Claimshall be not allowed during the hearing, unless good cause isshown for the admission of additional evidence

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

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

IV. ACTION OF THE COURT

1. Upon receipt by the court of the Statement of Claim filed, it shallmake 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 groundfor the dismissal of a civil action apparent from the Claim.

basis of the dismissal shall be the allegations of the Claim andsuch evidence attached thereto.

Under administrative guidelines, considerations to be made bya judge:

o It must involve a pure money claim the principalamount of which does not exceed P100,000.00.

o If the principal claim exceeds P100,000.00, there mustbe a waiver of the excess embodied in the Statement ofClaim.

o BP 22 cases - the court may only entertain the civilaspect as a small claim if no complaint for the offensehas yet been filed before the Office of the Prosecutor.

This fact must be stated under oath by theplaintiff in the Statement of Claim, and

there should be an express waiver of suchcriminal action in the Verification andCertification of Non-Forum Shopping.

(b) NO (the matter is not a small claim)

but it still falls within the jurisdiction of the First LevelCourts, the case should not be dismissed

judge should instead declare it governed by the appropriateprocedure (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 alreadypaid by the party, and the case can be immediately actedupon by the sa me court.

2. The submission of a Certificate to File Action from the barangay is apre-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 cases-although Rule on Small claims not expressly state suchrequirement.

V. SUMMONS AND NOTICE OF HEARING

1. If no ground for dismissal is found, the court shall issue the Summonsdesignated as Form 2-SCC, directing the defendant to file a verifiedResponse.

2. Also to be issued, but this time to both parties, is the Noticeembodied in Form 4-SSC, directing the parties to appear before thecourt on a specific date and time for hearing.

This Notice shall contain a warning that no unjustifiedpostponement shall be allowed and an express prohibitionagainst the filing of a motion to dismiss or any other motionunder Sec. 14 of the Rule on Small Claims Cases.

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VI. RESPONSE; COUNTERCLAIM

1. The defendant shall file his verified Response with the court andserve the same on the plaintiff within 10 days from receipt of theSummons.

This period is non- extendible. accompanied by certified photocopies of documents, as well asaffidavits of witnesses and other evidence.

Evidence not so attached shall not be allowed during thehearing except when good cause is shown for the admission ofadditional evidence.

2. If at the time the action is commenced, the defendant possesses aclaim against the plaintiff that

(a) is within the coverage of this Rule, exclusive of interestsand costs;

(b) arises out of the same transaction or event that is thesubject matter of the plaintiffs claim;(c) does not require for its adjudication the joinder of thirdparties; and(d) is not the subject of another pending action, the claim shallbe filed as a counterclaim in the Response. If it is not filed, thedefendant shall be barred from suit on the counterclaim.

3. If the counterclaim does not arise out of the same transaction oroccurrence that is the subject matter of the plaintiffs claim, thedefendant may also elect to file a counterclaim against the plaintiffprovided that:

(a) the amount and nature of the counterclaim are within thecoverage 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 APPEARIf the defendant fails to file his Response within the required period,AND fails to appear at the date set for hearing, the court shall renderjudgment on the same day, as may be warranted by the facts.

2. FAIL TO FILE BUT APPEARSIf the defendant fails to file his Response within the required periodBUT he appears at the date set for hearing, the court shall ascertainwhat defense he has to offer and proceed to hear, mediate or adjudicatethe 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 partyo 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 exhibitso 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 onlyupon proof of the physical inability of the party to appear before thecourt. 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 claimwithout prejudice (hence, action may be refiled).

The defendant who appears shall be entitled to judgment on apermissive counterclaim (not compulsory counterclaim)

2. GR: Failure of defendant to appear = same effect as failure to file aresponse.

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EXP: when other defendants who are sued under a commoncause of action and have pleaded a common defense appear atthe 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 atthe 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 nota reason to allow the appearance of an attorney.

In such an event, the court, in its discretion, may allow anotherindividual 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 settlementdiscussions

Hearing

1. At the beginning of the court session, the judge shall read aloud ashort statement explaining the nature, the purpose, and the rule ofprocedure of small claims cases

2. At the hearing, the judge shall exert efforts to bring the parties to anamicable settlement of their dispute

Any settlement (Form 7-SCC) or resolution (Form 8-SCC) of thedispute shall be reduced into writing, signed by the parties andsubmitted to the court for approval (Form 12-SCC).

Confidentiality

The settlement discussions shall be strictly confidential and anyreference to any settlement made in the course of such discussionsshall be punishable by contempt

Failure of settlement

If efforts at settlement fail, the hearing shall proceed and shall beconducted in an informal and expeditious manner. It shall beterminated 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 ofCourt in the court docket for civil cases and a copy thereofforthwith served on the parties

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

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 theauthority granted to the Lupong Tagapamayapa but also in theprocedure to be observed in the settlement of disputes within theauthority of the Lupon.

2. The proceedings before the Lupong Tagapamayapa or the Pangkat ngTagapagkasundo of the Barangay are not judicial proceedings.

The Lupon and the Pangkat do not have inherent adjudicatorypowers

They resolve disputes or attempt to do so through mediationand conciliation.

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Any adjudicatory power exercised by any of these bodies mustbe agreed upon by the parties in writing.

3. AIM of Katarungang Pambarangay Law- reduce the number of courtlitigations and prevent the deterioration of the quality of justice which

has been brought about by the indiscriminate filing of cases in thecourts (Zamora v. Heirs of Izquierdo, 443 SCRA 224; Bar 1999).

The barangay justice system was established primarily as ameans of easing up the congestion of cases in the judicialcourts; now incorportated into the LGC.

II. INITIATION OF PROCEEDINGS

1. COMPLAINT- Upon payment of the appropriate filing fee, anyindividual who has a cause of action against another individualinvolving 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 theLupong Tagapamayapa

2. Upon receipt of the complaint, the chairman shall summon therespondents within the next working day to appear.

If the chairman fails in his mediation efforts within 15 daysfrom the first meeting, he shall set a date to constitute thePangkat ng Tagapagkasundo

III. PERSONAL APPEARANCE OF PARTIES

The parties must appear in person in all KatarungangPambarangay proceedings

without the assistance of counsel or representatives, except forminors and incompetents who may be assisted by their next-of-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 theRevised Katarungang Pambarangay Law and prior recourse thereto is apre-condition before filing a complaint in court or any governmentoffices.

EXCEPTIONS:

(a) Where one party is the government, or any sub- division orinstrumentality thereof;

(b) Where one party is a public officer or employee and the disputerelates to the performance of his official functions;

(c) Where the dispute involves real properties located in differentcities and municipalities, unless the parties thereto agree to submittheir difference to amicable settlement by an appropriate Lupon;

(d) Any complaint by or against corporations, partnerships orjuridical entities, since only individuals shall be parties to Barangayconciliation proceedings either as complainants or respondents(Sec. 1, Rule VI, Katarungang Pambarangay Rules);

(e) Disputes involving parties who actually reside in barangays ofdifferent cities or municipalities, except where such barangay unitsadjoin each other and the parties thereto agree to submit theirdifferences to amicable settlement by an appropriate Lupon;

(f) Offenses for which the law prescribes a maximum penalty ofimprisonment exceeding 1year or a fine of over P5,000.00.

(g) Offenses where there is no private offended party;

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(h) Disputes where urgent legal action is necessary to preventinjustice from being committed or further continued, specifically thefollowing:

(i) Criminal cases where accused is under police custody ordetention

(ii) Petitions for habeas corpus by a person illegally deprived of hisrightful custody over another or a person illegally deprived of or onacting in his behalf;

(iii) Actions coupled with provisional remedies such as preliminaryinjunction, attachment, delivery of personal property and supportduring 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 theinterest of justice or upon the recommendation of the Secretary ofJustice;

(j) Where the dispute arises from the Comprehensive AgrarianReform Law (CARL) (Secs. 46 and 47, R. A. 6657);

(k) Labor disputes or controversies arising from employer-employee 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 theinterest of justice or upon the recommendation of the Secretary ofJustice.

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 Luponconcerned for amicable settlement, the foregoing rules not-

withstanding and even if the case does not fall within theauthority 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 ordialect known to them.

VII. EFFECT OF AMICABLE SETTLEMENT AND AWARD

1. The amicable settlement and arbitration award shall have the effectof 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 propercity or municipal court

REPUDIATION:o Any party to the disputeo may, within 10 days from the date of the settlement,

repudiate the sameo by filing with the lupon chairman a statement to that

effecto sworn to before him, where the consent is vitiated by

fraud, violence or intimidationo 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 ofsettlement or receipt of award.

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2. The amicable settlement or award may be enforced by execution bythe Lupon within 6 months from date of the settlement or date ofreceipt of the award or from the date the obligation stipulated oradjudged in the settlement becomes due and demandable.

o After the lapse of period, the settlement or award may beenforced by the appropriate local court pursuant to theapplicable provisions of the Rules of Court

o 6 months computed from the date of settlement

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

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 instituteddirectly in court or any other government office for adjudication,unless there has been a confrontation between the parties beforethe Lupon chairman or the pangkat, and that no conciliation orsettlement has been reached as certified by the Lupon secretary orpangkat secretary as attested to by the Lupon or Pangkat chairmanor unless the settlement has been repudiated

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

o Since non-compliance to a condition precedent to filing of anaction is ground for motion to dismiss

o Failure to undergo the barangay conciliation proceedings isnon-compliance of a condition precedent.

Court cannot motu proprio dismiss a case on the ground of failureto comply with the requirement for barangay conciliation

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

the Rules of Court provides only the following grounds for amotu proprio dismissal:

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

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

(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 jurisdictionalrequirement because the failure to have prior recourse to it doesnot 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 maybe dismissed upon motion of defendant/s That a conditionprecedent for filing the claim has not been complied with(amended version in the Rules of Court since 1997; before, groundwas failure to state a cause of action)

The non-referral of a case for barangay conciliation when sorequired under the law is not jurisdictional in nature and maytherefore be deemed waived if not raised seasonably in a motion todismiss

o Hence, a party who does not raise the defect seasonably can nolonger raise the defense of non-compliance with the barangayconciliation proceedings to seek the dismissal of the complaint