Scribd Logo
Upload

Welcome to Scribd!

  • 84 views

    Salonga Vs Cruz Pano

    Uploaded by

    Patrick Tan
    This document outlines the types of cases that are and are not covered by the Katarungang Pambarangay Law in the Philippines. It lists 10 exceptions where disputes cannot be subjected to barangay conciliation, including cases involving the government, criminal offenses with imprisonment over a year, and labor disputes. It also discusses venue rules, such as disputes between residents of the same barangay being heard in that barangay, and disputes over real property being heard in the barangay where the property is located. Objections to venue must be raised during mediation or are waived.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Salonga Vs Cruz Pano

    Uploaded by

    Patrick Tan
    84 views2 pages
    This document outlines the types of cases that are and are not covered by the Katarungang Pambarangay Law in the Philippines. It lists 10 exceptions where disputes cannot be subjected to barangay conciliation, including cases involving the government, criminal offenses with imprisonment over a year, and labor disputes. It also discusses venue rules, such as disputes between residents of the same barangay being heard in that barangay, and disputes over real property being heard in the barangay where the property is located. Objections to venue must be raised during mediation or are waived.

    Original Description:

    a

    Original Title

    Salonga vs Cruz Pano

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document outlines the types of cases that are and are not covered by the Katarungang Pambarangay Law in the Philippines. It lists 10 exceptions where disputes cannot be subjected to barangay conciliation, including cases involving the government, criminal offenses with imprisonment over a year, and labor disputes. It also discusses venue rules, such as disputes between residents of the same barangay being heard in that barangay, and disputes over real property being heard in the barangay where the property is located. Objections to venue must be raised during mediation or are waived.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    84 views2 pages

    Salonga Vs Cruz Pano

    Uploaded by

    Patrick Tan
    This document outlines the types of cases that are and are not covered by the Katarungang Pambarangay Law in the Philippines. It lists 10 exceptions where disputes cannot be subjected to barangay conciliation, including cases involving the government, criminal offenses with imprisonment over a year, and labor disputes. It also discusses venue rules, such as disputes between residents of the same barangay being heard in that barangay, and disputes over real property being heard in the barangay where the property is located. Objections to venue must be raised during mediation or are waived.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    What Cases Are Covered by the

    KatarungangPambarangay Law?
    As a general rule, all disputes may be the subject of barangay conciliation
    before the KatarungangPambarangay, except for the following disputes:

    (1) Where one party is the government or any subdivision or


    instrumentality thereof;

    (2) Where one party is a public officer or employer, and the dispute relates
    to the performance of his official functions;

    (3) Offenses punishable by imprisonment exceeding one year or a fine


    exceeding P5,000;

    (4) Where there is no private offended party;

    (5) Where the dispute involves real property located in different cities or
    municipalities unless the parties thereto agree to submit their differences
    to amicable settlement by an appropriate lupon (panel);

    (6) Disputes involving parties who actually reside in barangay of different


    cities, except where such barangay units adjoin each other and the parties
    thereto agree to submit their differences to amicable settlement and by an
    appropriate lupon;

    (7)Such other classes or disputeswhich the President may determine in the


    interest of justice or upon the recommendation of the Secretary of Justice
    (Sec. 408, Book 3, Title 1, Chapter 7, Republic Act or RA 7160).

    (8) Any complaint by or against corporations, partnerships, or juridical


    entities. (Only individuals shall be parties to barangay conciliation
    proceedings either as complainants or respondents)

    (9) Disputes where urgent legal action is necessary to prevent injustice


    from being committed or continued, specially the following cases:

    A.) A criminal case where the accused is under custody or detention;

    B.) A petition for Habeas corpus by a person illegally detained or


    deprived of his liberty or one acting on his behalf;

    C.) Action coupled with provisional remedies, such as preliminary


    injunction, attachment, replevin and support pendentelite;

    D.) Where the action may be barred by statute of limitations;

    (10) Labor disputes or controversy arising from employer-employee


    relationship. (Montoya vs. Escayo, Et. Al., 17 SCRA 442; Art 228,Labor
    Code of the Philippines)
    SEC. 409. Venue. - (a) Disputes between persons actually residing in the
    same barangay shall be brought for amicable settlement before the lupon
    of said barangay.

    (b) Those involving actual residents of different barangays within the same
    city of municipality shall be brought in the barangay where the
    respondent or any of the respondents actually resides, at the election of the
    complainant.

    (c) All disputes involving real property or any interest therein shall be
    brought in the barangay where the real property or the larger portion
    thereof is situated.

    (d) Those arising at the workplace where the contending parties are
    employed or at the institution where such parties are enrolled for study
    shall be brought in the barangay where such workplace or institution is
    located.

    Objections to venue shall be raised in the mediation proceedings before the


    punong barangay; otherwise, the same shall be deemed waived. Any legal
    question which may confront the punong barangay in resolving objections
    to venue herein referred to may be submitted to the Secretary of Justice or
    his duly designated representative whose ruling thereon shall be binding.

    You might also like