FOURTEENTH CONGRESS OF THE REPUBLIC) 
) 
OF THE PHILIPPINES 
1 
Second Regular Session 
8 
-4 >! 
:I 6 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Section 412, paragraph @) (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 thelupon 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: 
(4) Where the action may otherwise be barred 
by the statdte of limitations. 
Sei 
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n 412 (b) (4) of the Revised Katarungang Pambarangay Law proi 
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way of exception 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. 


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 (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 filine the complaint with 
the punone baraneav. 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 phgkat 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 of barangay justice. 


FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
8 
AUG -4 1'2 166 
Second Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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Congress assembled: 
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PROMOTING BARANGAY JUSTICE BY DELETING ITEM NUMBER FOUR OF 
PARAGRAF" B OF SECTION FOUR I-IUNDRED TWELVE OF REPUBLIC ACT 
NUMBER SEVEN THOUSAND ONE HUNDRED SIXTY, OTHERWISE KNOWN 
AS THE LOCAL GOVERNMENT CODE OF 1991 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
SECTION 1. Section 412 ofRA 7160, otherwise known as the Local Government 
Code Of 1991 is hereby amended to read as follows: 
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SEC. 412. Conciliation. - (a) Pre-condition to Filing of Complaint 
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in Court. - No complaint, petition, action, or proceeding involving 
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any matter within 
the authority of the lupon shall be filed or 
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instituted directly in court or any other government office for 
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adjudication, unless there has been a confrontation between the 
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parties before the lupon chairman or the pangkat, and that no 
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conciliation or settlement has been reached as certified by the 
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lupon secretary or pangkat secretary as attested to by the lupon or 
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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 to court in the following instances: 


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(1) Where the accused is under detention; 
(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. 
SECTTION 4. Effectivity Clause. -This Act shall take effect fifteen (15) days after 
its publication in at least two (2) newspapers of general circulation. 
Approved.