Friday, February 20, 2009

PANG-ET V. MANACNES-DAO-AS (REM)


BARANGAY CONCILIATION

What is compulsory under the Katarungang Pambarangay Law is that there be CONFRONTATION between the parties before a Lupon and that a certification be issued that NO CONCILIATION OR SETTLEMENT HAS BEEN REACHED, before a case falling within the authority of the Lupon may be instituted in court or any other government office for adjudication.

The only other precondition before any case may be filed before a court is that there has been personal confrontation between parties but despite earnest efforts to conciliate, THERE WAS A FAILURE TO AMICABLY SETTLE THE DISPUTE.

While spouses Manacnes appeared before the Lupon, they refused to sign the Agreement for Arbitration form, which would have signified their consent to submit the case for arbitration.




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