100 Pang-Et v. Manacnes

100 PANG-ET v.
MANACNES provided under the Katarungang Pambarangay Law, so that, the

G.R. No. 167261. March 2, 2007 case must be returned to the Lupon until an Arbitration Award is
Katarungang Pambarangay Law rendered.
6. In compliance, the Lupon rendered an Arbitration Award on May 10 ordering
DOCTRINES: the petitioner to retrieve the land upon payment to Sps Manacnes of P8k for
1. The object of the Katarungang Pambarangay Law is the amicable settlement the improvements of the land. The widow Manacnes repudiated the
of disputes through conciliation proceedings voluntarily and freely entered Arbitration Award but it was rejected by the Lupon.
into by the parties. Nonetheless, the disputing parties are not compelled to 7. June 1 – petitioner filed with the Lupon a Motion for Execution while
settle their controversy during the barangay proceedings before the Lupon or Florentina Manacnes filed a Motion with the MCTC for the resumption of the
the Pangkat, as they are free to instead find recourse in the courts in the proceedings in the original case for recovery of possession and praying that
event that no true compromise is reached. MCTC consider her repudiation.
2. The key in achieving the objectives of an effective amicable settlement 8. MCTC denied Manacnes’ Motion to repudiate since the movant failed to take
under the Katarungang Pambarangay Law is the free and voluntary any action within the 10-day reglementary period provided for under
agreement of the parties to submit the dispute for adjudication either by the Katarungang Pambarangay Law, hence, it became final & executory.
Lupon or the Pangkat, whose award or decision shall be binding upon them 9. Upon motion of Pang-et, MCTC issued an Order remanding the case to the
with the force and effect of a final judgment of a court. Absent this voluntary Lupon for the execution. Then incumbent Punong Barangay of Dagdag
submission by the parties to submit their dispute to arbitration under the issued a Notice of Execution however it was never implemented.
Katarungang Pambarangay Law, there cannot be a binding settlement 10. Thus, Pang-et filed w/ MCTC an action for enforcement of the Arbitration
arrived at effectively resolving the case. Award which was sought to be dismissed by the heir of Sps Manacnes.
3. What is compulsory under the Katarungang Pambarangay Law is that there 11. The heir argued that the Agreement for Arbitration and the Arbitration Award
be a confrontation between the parties before the Lupon Chairman or the are void, the latter not having been personally signed by Sps Mancanes and
Pangkat and that a certification be issued that no conciliation or settlement the former having been written in English – language not understood by the
has been reached, as attested to by the Lupon or Pangkat Chairman, before parties.
a case falling within the authority of the Lupon may be instituted in court or 12. MCTC dismissed the Petition for Enforcement of Arbitration Award.
any other government office for adjudication.  It was not Sps Manacnes who signed the agreement to arbitrate.
4. As reflected in Section 413 of the Revised Katarungang Pambarangay Law,  Mandatory provisions of Sec. 413 and 415 of RA 7160 are violated.
in order that a party may be bound by an arbitration award, said party must  The Arbitration Award by itself, granting arguendo that the
have agreed in writing that they shall abide by the arbitration award of the agreement to arbitrate is valid, will readily show that it does not also
Lupon or the Pangkat. conform with the mandate of the Katarungang Pambarangay Law
particularly Section 411 – the Award should have been written in
FACTS: Kankanaey languade but in this case, it was written in English.
1. The instant petition draws its origin from an Action for recovery of 13. Pang-et’s MR denied. Upon appeal, RTC reversed and set aside the
possession of real property situated in Sitio Abatan, Barrio Dagdag, Sagada Resolution of MCTC and remanded the case to MCTC.
filed by herein petitioner before the MCTC of BesaoSagada, Mountain 14. Herein respondent filed a petition before the CA seeking to set aside the
Province on 9 November 1994, against the spouses Leoncio and Florentina RTC judgment. CA reversed RTC judgment and MCTC Resolution
Manacnes, the predecessorsininterest of herein respondent. dismissing the case for enforcement of Arbitration Award is reinstated.
2. Feb. 23, 1995, during the course of the pre-trial, the parties, through their 15. Hence, this instant petition.
counsels, agreed to refer the matter to the Barangay Lupon of Dagdag for  Court overlooked the fact that original parties mutually agreed to
arbitration in accordance with Katarungang Pambarangay Law. So the submit the case for arbitration.
MCTC proceedings were suspended and the case was remanded to the  If indeed the Sps Manacnes did not want to enter into an amicable
Lupon for resolution. settlement, then they should have raised their opposition at the first
3. The Lupon issued a Certification to File Action on Feb. 26, 1995 due to the instance, which was at the pre-trial.
refusal of Sps Manacnes to enter into an Agreement for Arbitration and their
insistence that the case should go to court.
4. On March 8, the Certification and the records of the case were forwarded to ISSUES:
the MCTC. Whether the proceedings in this case complied with the Katarugang Pambarangay
5. On April 7, an Order was issued by MCTC remanding the matter for Law.
conciliation by the Lupon and ordering the Lupon to render an Arbitration
Award. RULING:
 According to the MCTC, based on the records of the case, an NO. First, during the initial hearing before the Lupon, the Sps declined to sign the
Agreement for Arbitration and were adamant that the proceedings before the MCTC
Agreement for Arbitration was executed by the parties concerned;
however, the Lupon failed to issue an Arbitration Award as must continue. It was the daughter of Sps Manacnes who signed the Agreement for
Arbitration where it should be the Sps themselves who should have signed such
agreement.
See Doctrine 1 and 2. Hence, Court fail to see why the MCTC further remanded the
case to the Lupon ng Tagapamayapa and insisted that the arbitration proceedings
continue, despite the clear showing that the Sps Manacnes refused to submit the
controversy for arbitration.
It would seem from the Order of the MCTC, which again remanded the case for
arbitration to the Lupon ng Tagapamayapa, that it is compulsory on the part of the
parties to submit the case for arbitration until an arbitration award is rendered by the
Lupon. This, according to the Court is contrary to the very nature of the proceedings
under the Katarungang Pambarangay Law which espouses the principle of voluntary
acquiescence of the disputing parties to amicable settlement.
See Doctrine 3. It should be emphasized that while the spouses Manacnes appeared
before the Lupon during the initial hearing for the conciliation proceedings, they
refused to sign the Agreement for Arbitration form, which would have signified their
consent to submit the case for arbitration. Therefore, upon certification by the Lupon
ng Tagapamayapa that the confrontation before the Pangkat failed because the
spouses Manacnes refused to submit the case for arbitration and insisted that the
case should go to court, the MCTC should have continued with the proceedings in the
case for recovery of possession which it suspended in order to give way for the
possible amicable resolution of the case through arbitration before the Lupon ng
Tagapamayapa.
Furthermore, the MCTC should not have persisted in ordering the Lupon ng
Tagapamayapa to render an arbitration award upon the refusal of the spouses
Manacnes to submit the case for arbitration since such arbitration award will not bind
the spouses. As reflected in Section 413 of the Revised Katarungang Pambarangay
Law, in order that a party may be bound by an arbitration award, said party must have
agreed in writing that they shall abide by the arbitration award of the Lupon or the
Pangkat. Like in any other contract, parties who have not signed an agreement to
arbitrate will not be bound by said agreement since it is axiomatic that a contract
cannot be binding upon and cannot be enforced against one who is not a party to it.
In view of the fact that upon verification by the Pangkat Chairman, in order to settle
the issue of whether or not they intend to submit the matter for arbitration, the
spouses Manacnes refused to affix their signature or thumb mark on the Agreement
for Arbitration Form, the Manacnes spouses cannot be bound by the Agreement for
Arbitration and the ensuing arbitration award since they never became privy to any
agreement submitting the case for arbitration by the Pangkat.
WHEREFORE, premises considered, the instant petition is hereby DENIED. The

Decision of the Court of Appeals in CAG.R. SP No. 78019 is hereby AFFIRMED.
The Municipal Circuit Trial Court of BesaoSagada, Mountain Province, is hereby
ORDERED to proceed with the trial of Civil Case No. 83 for Recovery of
Possession of Real Property, and the immediate resolution of the same with
deliberate dispatch.

100 Pang-Et v. Manacnes

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100 Pang-Et v. Manacnes

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100 PANG-ET v.

MANACNES provided under the Katarungang Pambarangay Law, so that, the

WHEREFORE, premises considered, the instant petition is hereby DENIED. The

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