Dear PAO, My neighbor and I got into an argument. She reported the matter to our barangay; hence, our barangay scheduled a mediation/concili- ation. I would just like to ask if I can bring a lawyer with me during the mediation/conciliation since I am not really familiar with the laws. Krisel

Dear Krisel,

Please be informed of Section 415 of the Local Government Code of 1991 on the subject of Katarungang Pambarangay, which states:

“Section 415. Appearance of Parties in Person. – In all katarungang pambarangay proceedings, the parties must appear in person without the assistance of the counsel or representative, except for minors and incompetents who may be assisted by their next of kin who are not lawyers.”

Based on the above-stated law, the absolute rule is that parties in all barangay proceedings must appear without the assistance of a counsel or a lawyer. Elucidating on this matter, the Supreme Court explained the rationale behind this rule in the case of Atty. Magno v. Atty. Velasco-Jacoba (AC 6296, Nov. 22, 2005; penned by Associate Justice Cancio Garcia) as follows:

“The above-quoted provision clearly requires the personal appearance of the parties in katarungan pambarangay conciliation proceedings, unassisted by counsel or representative. The rationale behind the personal appearance requirement is to enable the lupon to SECURE fiRST HAND AND DIRECT INFORMATION about the facts and issues, the exception being in cases where minors or incompetents are parties. There can be no quibbling that laymen of goodwill can easily agree to conciliate and settle their disputes between themselves without what sometimes is the unsettling assistance of lawyers whose presence could sometimes obfuscate and confuse issues. Worse still, the participation of lawyers with their penchant to use their analytical skills and legal knowledge tend to prolong instead of expedite settlement of the case.”

Please note that even in the case of a minor or an incompetent, the law only allows assistance by a next of kin who must not be a lawyer. Incompetents are defined in the case of Oropesa v. Oropesa, docketed as GR 184528 (April 25, 2012, Ponente: Chief Justice Teresita Leonardo-de Castro, then associate justice) as persons who, though of sound mind, but by reason of age, disease, weak mind or other similar causes, are incapable of taking care of themselves and their property without outside aid. Thus, in all instances of Katarungan Pambarangay proceedings, such as your case, lawyers are prohibited from appearing or assisting you in any way during the hearing.

We hope that we were able to answer your queries. Please be reminded that 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 on.