Dear PAO, I fiLED A COMPLAINT AGAINST MY NEIGHBOR BEFORE OUR BARANGAY, BUT HE REFUSED TO ATTEND THE HEARINGS DESPITE BEING SERVED WITH SUMMONS. WHAT REMEDY CAN THE BARANGAY USE AGAINST MY NEIGHBOR FOR WILLFULLY DISOBEYING THE SUMMONS THAT WERE SERVED TO HIM?

Dear Richie,

Please be informed of Section 515 of Republic Act 7160 otherwise known as the “Local Government Code of 1991”, which reads, viz:

“SECTION 515. Refusal or Failure of Any Party or Witness to Appear before the Lupon or Pangkat. - Refusal or willful failure of any party or witness to appear before the lupon or pangkat in compliance with a summons issued pursuant to the provisions on the Katarungang Pambarangay under Chapter 7, Title III of this Code MAY BE PUNISHED BY THE CITY OR MUNICIPAL COURT AS FOR INDIRECT CONTEMPT OF COURT UPON APPLICATION FILED THEREWITH BY THE LUPON CHAIRMAN, THE PANGKAT CHAIRMAN, OR BY ANY

OF THE CONTENDING PARTIES. SUCH REFUSAL OR WILLFUL FAILURE TO APPEAR SHALL BE REflECTED IN THE RECORDS OF THE LUPON SECRETARY OR IN THE MINUTES OF THE PANGKAT SECRETARY AND SHALL BAR THE COMPLAINANT WHO FAILS TO APPEAR, FROM SEEKING JUDICIAL RECOURSE FOR THE SAME CAUSE OF ACTION, AND THE RESPONDENT WHO REFUSES TO APPEAR, FROM fiLING ANY COUNTERCLAIM ARISING OUT OF, OR NECESSARILY CONNECTED WITH THE COMPLAINT.” (Emphasis supplied)

Clearly, a barangay, through its lupon chairman or pangkat chairman, may file a petition for indirect contempt in accordance with Rule 71 of the Rules of Court.

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.