The prior referral of cases to the Katarungang Pambarangay is a policy which aims to declog the dockets of our Courts thereby facilitating the dispensation of justice. This is also aims to foster peace and harmony among residents of the Barangay or municipality so that instead of resorting to long, tedious, and expensive court proceedings, they can come together as good neighbors and settle their differences. This is the ideal situation envisioned by the legislators in formulating the Katarungang Pambarangay. I have been advocating for the use of other terms to refer to the “Katarungang Pambarangay” because it perpetuates the wrong notion of many people that referral of cases to it is like going to court. Put otherwise, when people are summoned to appear before the Punong Barangay for mediation, they perceive that they are being sued. This creates additional tension between the parties making the mediation and conciliation proceedings more difficult to conduct. I have always tried to convince people through my radio program Punto Legal on DZWT 540 which airs every Saturday at 7:15-8:15 in the morning, to take advantage of the Katarungang Pambarangay instead of itching to go to court. This is precisely the case of Ngo vs. Gabelo, et. al., G.R. No. 207707, August 24, 2020.
Ngo went directly to Court
Ngo filed a civil case for recovery of possession before the Regional Trial Court. The respondents countered that the case should be dismissed because the matter was not referred first to the Katarungang Pambarangay before being filed in court, among other grounds. The Trial Court agreed and dismissed the case but Ngo filed a motion for reconsideration on the decision to dismiss. The judge vacated its earlier decision and the new order merely suspends the proceedings of the trial court while awaiting the submission of a certification showing that the matter was first referred to the proper Barangay. The respondents elevated the matter to the Court of Appeals assailing the order of the RTC which reconsidered its order of dismissal. The Court of Appeals decided in favor of the respondents and nullified the order of the RTC and dismissed the case. Ngo went to the Supreme Court on the question on whether the referral to the Katarungang Pambarangay is absolutely required.
Non-referral is fatal
The Supreme Court denied Ngo’s petition. “Republic Act No. 7160 (RA 7160), or the Local Government Code of 1991, provides that barangay conciliation proceedings is a precondition to filing a complaint in court between persons actually residing in the same barangay to explore possible amicable settlement.” Ngo then goes on to argue that in the case of Bonifacio Law Office v. Bellosillo the trial court did not dismiss the case but merely suspended the case and referred it back to the Barangay. The Court said that the facts in Bonifacio, are not the same in this case: “The cited case is not on all fours with the case at bar because there was a prior barangay conciliation therein but the trial court merely referred it back for completion.” In the present case, there really was no prior referral of the case to the Barangay so there is no other recourse but the dismissal of the case.
