Dear PAO,
I had a disagreement with my neighbor, and I would like to file a criminal case of unjust vexation against the said neighbor for hurling invectives at me. I immediately reported the same to the nearest police station, but the police officer on duty directed me to our barangay without explanation. Is the action of the police officer correct?
Ken
Dear Ken,
As a general rule, the Lupon of each barangay shall have jurisdiction to settle all disputes between parties amicably. The following exceptions to the general rule are provided for under the Katarungang Pambarangay Law:
“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 (1) year or a fine exceeding Five Thousand (Php5,000.00) Pesos;
“d. Offenses where there is no offended party;
“e. 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;
“f. 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,
“g. Such other classes of disputes which the President may determine in the interest of justice or upon recommendation by the Secretary of Justice.”
This provision affirmed the mandatory character of mediation in 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 only one day to thirty days. (See Article 287 of the Revised Penal Code)
If a settlement between you and your neighbor is reached, the case may no longer be elevated to the 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 your barangay, which you can use to support the complaint that you will file before the court or prosecutor’s office.
This opinion is solely based on the facts you have narrated and our appreciation of the same. Thus, the opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.
Editor’s note: Dear PAO is a daily column of the Public Attomey’s Office. Questions for Chief Acosta may be sent to [email protected].
