Professional Documents
Culture Documents
Thus, an employee may claim all reliefs before LA and not be allowed to
prosecute his claims in peacemeal. HE cannot institute proceedings separately in a
court of justice upon the same cause of action. This is what in procedural law is
known as splitting causes of action, engendering multiplicity of actions.
4. ABEJARON vs CA
*
(REPUDIATION *within 10 day period FILE before court *failure to repudiate w/n
such period effect: final judgment of a court Hence, he must face the consequences of the
amicable settlement as he can no longer file an action in court to redress his grievances.)
14. LEDESMA vs CA
(* As reviewed by the CA, the certification by Lupon showed that it was the Petitioners
son who went before the Barangay as complainant)
PD 1508 requires actual, personal appearance of the aprties, not their children. Without
the mandatory personal confrontation, no complaitn could be filed with the court.
Effect: Legal action is barred when there is no recourse to barangay court.
15. RAMOS vs CA
*involves case between brothers wherein Domingo authorized Manuel(his brother) to sell
his share of certain lands (co-owned) He filed complaint before the Barangay however
what he did is merely authorize his wife arguing that he wanted to avoid confrontation.
Appearance through representative is not permitted by law. It requires appearance in
person. Effect of failure to appear by the complainant: barred from seeking judicial
recourse from the same cause of action.
(See Sec 4 of PF 1508 Re Procedure for Amicable Settlement)
16. SAN MIGUEL vs PUNDOGAR
(*involves case bet a teacher and school; breach of contract)
The conciliation procedure required under PD 1508 is not a jurisdictional requirement
in the sense that failure to have prior recourse to such procedure would not deprive a
court of its jurisdiction either over the subject matter or over the person of the defendant.
- Failure affects the sufficiency or the maturity or ripeness of the plaintiffs cause
of action and the complaint becomes vulnerable to a motion to dismiss, not on the
ground of lack of jurisdiction but rather for want of cause of action or for
prematurity.
17. ROYALES vs IAC
Although there was no referral before the Barangay, such failure is not fatal and
would not prevent a court from exercising its power of adjudication before it,
where the defendants, as in this case, failed to object to such exercise of
jurisdiction in their answer and even during the entire proceedings a quo.
GR: Non-compliance with the barangay conciliation process for disputes cover by PF
1508 could affect sufficiency of plaintiffs cause of action and make complaint vulnerable
to dismissal on ground of lack of cause of action or prematurity
XPN: where defendants failed to object to exercise jurisdiction by the court over the case
1)in their answer and 2)even during the entire proceedings
18. FERNANDEZ vs MILITANTE
Failure of a party to raise non-compliance of barangay conciliation as a defense in the
answer or in a timely motion to dismiss is deemed a waiver of such precondition;
A party cannot likewise repudiate the jurisdiction of a court to which he has submitted
himself voluntarily.
19. ABALOS vs CA
(*sps abalos filed complaint for recovery of property against respondent. Upon appeal to
CA, respondents raise the issue of non compliance w/ barangay conciliation. Note:
Abalos change his address from Q.C Caloocan Such change was not objected at first
by the respondent = waiver )
Once a party to a case submits to the jurisdiction of the court and participate in the trial
on the merits of the case, he cannot thereafter, upon judgment unfavorable to his cause,
take a total turn about and say that the condition precedent of compliance with PD 1508
has not been met. One cannot have the cake and eat it too.
20. MONTOYA vs ESCAYO
Katarungang PAmbaranga Law is not applicable to labor cases. The law applies only to
courts of justice and not to NLRC nor LA.
21. BEJER vs CA
(*issue in this case: plaintiffs here are permanent residents of another province but at the
time of institution of the action, are temporarily residing for a transient purpose in the
same city where defendants reside)
For purposes of venue, the residence is his personal, actual or physical habitation or his
actual residence or place of abode, such residence being more than temporary.
Residence alone without membership is a barangay is not an accurate criterion, but
membership alone without actual residence will not likewise suffice.