FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENi'lr06 
S, No. __ -"--=-
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Introduced by Senator Miriam Defensor Santiago 
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EXPLANATORY NOTE ' 
Section 412, paragraph (b) (4) of the Katarungang Pambaragay Law provides: 
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SEC. 412. Conciliation. - (a) Pre-condition to Filing of 
Complaint in Court. - No complaint, petition, action, or proceeding 
involving any matter within the authority of the lupon shall be filed 
or instituted directly in court or any other government office for 
adjudication, unless there has been a confrontation between the 
parties before the lupon chairman or the pangkat, and that no 
conciliation or settlement has been reached as certified by the 
lupon secretary or pangkat secretary as attested to by the lupon or 
pangkat chairman or unless the settlement has been repUdiated by 
the parties thereto. 
(b) Where Parties May Go Directly to Court. - The parties 
may go directly to court in the following instances: 
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.\XX 
.\XX 
(4) Where the action may otherwise be barred by the 
statute of limitations. 
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Section 412 (b) (4) of the Revised Katarungang Pambarangay Law provides by way of 
exc~tion to the precondition of referral of the dispute 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 
barangay 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. 
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Moreover, the prescriptive period is suspended upon filing the complaint with the punong 
barangay as provided in Section 41 0 (c) ofthe Local Government Code which states: 
SECTION 410 (c) 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 complaint or the 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. 
. 
Hence, this bill seeks to remove such confusing exception which will be in keeping with 
the promotion ofbarangay justice. I 
I This hill was originally filed in the Fourteenth Congress, Second Regnlar Session 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
First Regular Session 
SENt'iro6 
S.No. ___ _ 
Introduced by Senator Miriam Defensor Santiago 
I 
~) 
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AN ACT 
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PROMOTING BARANGA Y JUSTICE BY DELETING ITEM NUMBER FOUR OF 
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PARAGRAPH B OF SECTION FOUR HUNDRED TWELVE OF REPUBLIC ACT NUMBER 
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SEVEN THOUSAND ONE HUNDRED SIXTY, OTHERWISE KNOWN AS THE LOCAL 
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GOVERNMENT CODE OF 1991 
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Be it enacted by the Senate and the House of Representatives of the Philippines in 
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Congress assembled: 
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SECTION 1. Section 412 ofRA 7160, otherwise known as the Local Government Code 
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Of 1991 is hereby amended to read as follows: 
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SEC. 412. Conciliation. - (a) Pre-condition to Filing of Complaint in 
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Court. - No complaint, petition, action, or proceeding involving any matter 
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within the authority of the lupon shall be filed or instituted directly in 
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court or any other government office for adjudication, unless there has 
. 
. 
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been a confrontation between the parties before the lupon chairman or the 
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pangkat, and that no conciliation or settlement has been reached as 
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certified by the lupon secretary or pangkat secretary as attested to by the 
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lupon or pangkat chairman or unless the settlement has been repudiated by 
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the parties thereto. 
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(b) Where Parties May Go Directly to Court. - The parties may go directly 
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to court in the following instances: 
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(l) Where the accused is under detention; 


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(2) Where a person has otherwise 
been deprived of personal 
liberty calling for habeas corpus proceedings; 
(3) Where actions are coupled with provisional remedies such as 
preliminary injunction, attachment, delivery of personal property, 
and support pendente lite. 
(c) Conciliation among members of indigenous cultural communities. -
The 
customs and traditions of indigenous cultural communities shall be 
applied 
in settling disputes between members of the cultural 
communities. 
SECTION 2. Separability Clause. - If any provision, or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and sUbsisting. 
SECTION 3. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or 
inconsistent with, the provisions of this Act is hereby repealed, modified, or amended 
accordingly. 
SECTION 4. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved.