Dear PAO,

I had an argument with my neighbor. I would like to file a criminal case for unjust vexation against him. I immediately reported the incident to the nearest police station in our house but the police officer on duty directed me to go to our barangay without explanation. Is the action of the police officer, correct? Please enlighten me.

Rene

Dear Rene,

As a general rule, the Lupon of each Barangay shall have jurisdiction to settle all disputes between parties residing within the same city of municipality amicably. The following exceptions to the general rule are provided for under the Katarungang Pambarangay Law:

1. Where one party is the government or any subdivision or instrumentality thereof;

2. Where one party is a public officer or employee, and the dispute relates to the performance of his official functions;

3. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five Thousand (Php5,000.00) Pesos;

4. Offenses where there is no offended party;

5. Where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by appropriate lupon;

6. Disputes involving parties who actually reside in different barangays of different cities and municipalities except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by appropriate lupon; and,

7. Such other classes of disputes which the President may determine in the interest of justice or upon recommendation by the Secretary of Justice. (Sec. 408, Republic Act No. 7160)

Moreover, the law provides that “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.” (Sec. 412 (a), Republic Act 7160) This provision affirms the mandatory character of mediation before the Barangay Lupon as a prerequisite before a case is filed in court.

Based on your narration, you are mandated to undergo conciliation proceedings before the Barangay Lupon since you reside in the same barangay and the duration of penalty for unjust vexation is one day to thirty days. (Article 287, Revised Penal Code) Thus, if a settlement between you and your neighbor is reached, the case may no longer be elevated to court or filed in the Prosecutor’s office. On the other hand, if both of you fail to reach an amicable settlement, a corresponding Certification to File Action will be issued by the appropriate barangay authority, which will be your proof that the complaint you are going to file underwent the required barangay conciliation proceeding.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.