WHAT IS THE PROCEDURE IN THE KATARUNGAN PAMBARANGAY LAW? 1. While the dispute is under mediation conciliation or arbitration, the prescriptive. IT IS VERY IMPORTANT TO NOTE THAT NO INDIVIDUAL CAN GO DIRECTLY TO COURT OR ANY GOVERNMENT OFFICE FOR ADJUDICATION OF HIS/HER . Pambarangay Law? As a general rule, all disputes may be the subject of barangay conciliation before the Katarungang Pambarangay, except for the following.

Author: Jujin Faukasa
Country: United Arab Emirates
Language: English (Spanish)
Genre: Environment
Published (Last): 18 September 2016
Pages: 329
PDF File Size: 2.17 Mb
ePub File Size: 7.37 Mb
ISBN: 332-5-35285-538-4
Downloads: 12572
Price: Free* [*Free Regsitration Required]
Uploader: Moogujinn

We find no merit in the above arguments. As shown by the records, the parties herein are residents of Las Pias City. Accordingly, pajbarangay City Prosecutor of Las Pias City is directed to move for the withdrawal of the information for grave oral defamation filed against respondent Loida Marcelina J.

Katarungang Pambarangay

This matter was readily brought to the attention of Undersecretary Pineda by petitioner Agbayani in her motion for reconsideration, who however must surely have found such contention without merit, and thus denied the motion. The Secretary of Justice may dismiss the petition outright if he finds the same to be patently without merit or manifestly intended for delay, or when the issues raised therein are too unsubstantial to require consideration.

Respondent Genabe actually mentioned on page 2 of her petition for review to the DOJ the name of the petitioner as the private complainant, as well as indicated the latters address on the last page thereof as RTC BranchLas Pias City.

Aguinaldothe Secretary of Justice would be committing a serious dereliction of duty if he orders or sanctions the filing of an information based upon a complaint where he is not convinced that the evidence warrants the filing of the action in court. That the offense has already prescribed; and. This show of liberality is, to us, within the competence of the DOJ Secretary to make. The lupon of each barangay shall have authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes except: Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a serious and insulting nature; otherwise, the penalty shall be arresto menor or a fine not exceeding pesos.

We rule that his determination that the defamation was uttered while the respondent was in extreme excitement or in a state of passion and obfuscation, rendering her offense of lesser gravity than if it had been made with cold and calculating deliberation, is beyond the ambit of our review.


Retrieved 16 December That the appealed resolution is interlocutory in nature, except when it suspends the proceedings based on the alleged existence of a prejudicial question. ResusPhil.

Dela Pea[10] the CA stated that for grave abuse of discretion to exist, the complained act must constitute a capricious and whimsical exercise of judgment as it is equivalent katarungaang lack of jurisdiction, or when the power is exercised in lwa arbitrary or despotic manner by reason of passion or personal hostility, and it must be so patent and gross as to amount to an evasion of positive duty enjoined or to act at all in contemplation of law.

Perez[24] succinctly summarizes the general rules relative to criminal prosecution: The records of the case likewise show that the instant case is not one of the exceptions enumerated under Section of the Local Government Code. Court of Appeals [33] that: According to Undersecretary Pineda, the confluence of pmbarangay circumstances was the immediate cause of respondent Genabe’s emotional and psychological distress.


If an information has been filed in court pursuant to the appealed resolution, a copy of the motion to defer proceedings filed in court must also accompany the petition. But while prosecutors are given sufficient latitude of discretion in the determination of probable cause, their findings are still subject to review by the Secretary of Justice.

Retrieved 13 December And is it not a grievous error on the part of the CA if it virtually orders the filing of an information, as here, despite a categorical statement from the Secretary of Justice about the lack of evidence to proceed with the prosecution of the petitioner? The compulsory process of arbitration is a pre-condition for the filing of the complaint in court. That the procedure or any of the requirements herein provided has not been complied with.

Petitioner Agbayani alleged that Undersecretary Pineda unfairly heeded only to the arguments interposed by respondent Genabe in her comment; and the CA, in turn, took his findings and reasoning as gospel truth.

We recall that in the morning of December 27, when the alleged utterances were made, Genabe was about to punch in her time in her card when she was informed that she had been suspended for failing to meet her deadline in a case, and that it was Agbayani who informed the presiding judge that she had missed her deadline when she left to attend a convention in Baguio City, leaving Agbayani to finish the task herself.


It is well to be reminded, first of all, that the rules of procedure should be viewed as mere instruments designed to facilitate the attainment of justice.

He may, motu proprio or upon motion, dismiss the petition for review on any of the following grounds: Alfredo Flores Tadiar was the principal author of Presidential DecreeThe Katarungang Pambarangay Law, [8] and he also katqrungang its implementing rulesrequiring prior conciliation as a condition for judicial recourse. It is not sufficient that a tribunal, in the exercise of its power, abused its discretion; such abuse must be grave.

Hence, the instant petition. Retrieved 16 November Even the Rules of Court reflects this principle.


It is well-noted that the Supreme Court held that where the case is covered by P. The Judiciary Act ofas amended. The gravity depends upon: Bonifacio Sanz Kaatrungang, the Presiding Judge of Branchwhom she claimed had committed against her grievous acts that outrage moral and social conduct. Republic of the Philippines. It is grave slander when it is of a serious and insulting nature.

The party taking the appeal shall be referred to in the petition as either “Complainant-Appellant” or “Respondent-Appellant. In fact, at least seven 7 of these documents were copies of her own submissions to the investigating prosecutor.

Almost all civil disputes and many crimes with potential prison sentences of one year or less or fines 5, or less. L, November 25,x x x held that although abusive remarks may ordinarily be considered as serious defamation, under the environmental circumstances of the case, there having been provocation on complainants part, and the utterances complained of having been made in the heat of unrestrained anger and obfuscationsuch utterances constitute only the crime of slight oral defamation.

Judge MogulPhil.