." 
~crl/lt{' 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
Ill}ift;r tlf lil~ .*<t'"I"huV 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
AUG 22 P5 :01 
SENATE 
S. No. 
1335 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Local Government Code, Section 412, paragraph (b) (4) provides: 
SEC. 412. Conciliation. -
'" 
(b) Where Parties May Go Directly to 
Court. - The parties may go directly to court in the following instances: ... 
(4) Where the action may otherwise be barred by the statute of 
limitations (Emphasis Supplied). 
The above law provides by way of exception to the precondition of referral of the dispute 
I 
to the punong barangay or lupon ng tagapamayapa, that a party may go directly to court "where 
the action may otherwise be barred by the Statute of Limitations." The plain meaning of this is 
where the prescriptive period is about to lapse, a party may go directly to court instead of first 
referring the dispute to the punong barangal or lupon ng tagapamayapa. Such exception has 
thus given rise to some confusion because it is not clear how much time before the end of the 
prescriptive period could a party be justified in going directly to court. 
, 
. 
Moreover, the prescriptive period is suspended upon filing the complaint with the punong 
, 
' 
barangay as provided in Section 410 (c) of the Local Government Code which states: 
SECTION 410. Procedure for Amicable Settlement. - ... (c) Suspension of 
prescriptive period of offenses -
While the dispute is under mediation, 
conciliation, or arbitration, the prescriptive periods for offenses and cause of 
action under existing laws shall be interrupted upon filing the complaint with 
the punong barangay. The prescriptive periods shall resume upon receipt by the 
complainant of the complai!].t .. or Jhe certificate of repudiation or of the 
certification to file action issued by the lupon or pangkat secretary: Provided, 
however, That such interruption shall not exceed sixty (60) days from the filing of 
the complaint with the punong barangay (Emphasis Supplied). 
I 


Hence, this bill seeks to remove such confusing exception which will be in keeping with 
the promotion of barangay justice.' 
Lw,- 4k~~ .n.~ 
MIRIAM DEFlISSOR si~hI¥,O 
• This bill was originally filed in the Fourteenth Congress, Second Regular Session. 
2 


'semdl.' 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
I@ffll: ... of t~f ~f'n :!'ht,,'1 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 1335 
Introduced by Senator Miriam Defensor Santiago 
'13 
AUG 22 P5 :01 
1 
AN ACT 
2 
PROMOTING BARANGAY JUSTICr; BY AMENDING SECTION 412 OF REPUBLIC ACT 
3 
NO. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
4 
SECTION 1. Section 412 of Republic Act No. 7160, otherwise known as the Local 
5 
Government Code of 1991, is hereby amended by deleting item (4) of paragraph (b), to read as 
6 
follows: 
·j"I' .of II 
i 
7 
SECTION 412. Conciliation. - (a) Pre-condition to filing of complaint in 
8 
court. - No complaint, petition, action, or proceeding involving any matter within 
9 
the authority of the lupon shall be filed or instituted directly in court or any other 
10 
government office for adjudication, unless' there has been a 
confrontation 
11 
between the parties before the lupon chairman or the pangkat, and that no 
12 
conciliation or settlement has been reached as certified by the lupon secretary or 
13 
pangkat secretary as attested to by the lupon or pangkat chairman or unless the 
14 
settlement has been repudiated py the parties thereto. 
15 
(b) Where parties may go directly to court. - The parties may go directly 
16 
to court in the following instances: 
17 
18 
19 
20 
21 
22 
(1) 
(2) 
Where the accused is under detention; 
Where a person has otherwise been deprived of personal liberty 
calling for habeas ,corp.us proceedings; AND 
(3) 
Where actions are coupled with provisional remedies such as 
preliminary injunction, attachment, delivery of personal property, 
and support penc/ente lite. 
1 


------------------
1 
(c) Conciliation among members of indigenous cultural communities. -
2 
The 
customs and traditions of indigenous cultural communities shall be applied 
3 
in settling disputes between members of the cultural communities. 
4 
SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive 
5 
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
6 
with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
7 
SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
8 
publication in at least two (2) newspapers of general circulation. 
Approved, 
2