Every time there is a conflict among neighbors, people tend to advise or recommend to bring the matter to the barangay. If a person did something wrong or inflicted an injury towards another person, we often heard the suggestion “Ipabarangay mo ngani an” or “Dalhon mo ngani sa barangay”.
Thus, one may ask: Do all conflicts fall within the jurisdiction of the barangay or the lupon? In this week’s column, we will answer these questions: (1) What conflicts fall within the jurisdiction of the lupon? (2) If a conflict is within the jurisdiction of the lupon, which barangay shall assume jurisdiction over it?
Lupon Tagapamaya is a body created to settle and resolve conflicts and other matters in the barangay level. Its powers and jurisdiction are set forth in Republic Act 7160 or the Local Government Code of 1991 (LGC).
Section 408 of the LGC states that the lupon of each barangay shall have authority to bring together the parties actually residing in same city or municipality for amicable settlement of all disputes subject to certain exceptions. In Angel Boleyley vs Hon. Clarence J. Villanueva (GR No. 128734 GR No. 128734), it was laid down that the term “resides” should be viewed or understood in its popular sense, meaning, the personal, actual or physical habitation of a person, actual residence or place of abode. It signifies physical presence in a place and actual stay thereat. It connotes “actual residence” as distinguished from “legal residence or domicile”.
However, there are cases which do not fall within the jurisdiction of the lupon even if the parties actually reside in the same city or municipality. These exceptions are enumerated under Section 408 of the LGC, to wit: (a) Where one party is the government or any subdivision or instrumentality thereof; (b) Where one party is a public officer or employee, and the dispute relates to the performance of his official functions; (c) Offenses punishable by imprisonment exceeding one year or a fine exceeding P5,000.00; (d) Offenses where there is no private offended party; (e) Where the dispute involves real properties located in different cities or municipalities unless the parties agree to submit their differences to amicable settlement by an appropriate lupon; (f) Disputes involving parties who actually reside in barangays of different cities and municipalities except where such barangay units adjoin each other; and the parties agree to submit their differences to amicable settlement before an appropriate lupon.
Emphasis should be given to letter C thereof – Offenses punishable by imprisonment exceeding one year or a fine exceeding P5, 000.00. Clearly, only crimes or felonies which carry the penalty of imprisonment of not more than one year is subject to the jurisdiction of lupon. Some of these felonies are as follow – Alarms and scandals (Art. 155), Slight physical injuries and maltreatment (Art. 266) and Intriguing against honor (Art. 364) – as defined and penalized under the Revised Penal Code.
Simply stated, for a lupon to have jurisdiction over disputes, the following must concur: (1) the conflict or controversy shall pertain to parties actually residing in the same city or municipality; (2) it shall not be one of the exception stated under Article 408 of the LGC, or those specifically excepted by laws and prevailing jurisprudence.
After determining that a dispute falls within the jurisdiction of lupon, the next question shall be regarding venue – which barangay lupon shall assume jurisdiction over a dispute?
Article 409 of the LGC dictates the following rules: (1) If the dispute is between person actually residing in the same barangay, it shall be brought before the lupon of said barangay; (2) Those involving actual residents of different barangays within the same city or municipality shall be brought in the barangay where the respondent or any of the respondents actually resides, at the election of the complainant; (3) All disputes involving real property or any interest therein shall be brought in the Barangay where the real property or the larger portion thereof is situated; (4) Those arising at the workplace where the contending parties are employed or at the institution where such parties are enrolled for study shall be brought in the barangay where such workplace or institution is located.