TOPIC: KATARUNGANG PAMBARANGAY (JURISDICTION)

First Division
Napoleon Gegare v. Court of Appeals
GR No. 83907
September 13, 1989

Respondent Elmas Defense

Petitioner failed to comply with the
provisions of PD No. 1508
(Katarungang Pambarangay Law)
before filing his complaint in court.

Gancayco, J:
Facts: There was a lot with an area of approximately 270 sq. m. in General
Santos City. Its title was named after Paulino Elma. A reversion case
was filed by the State against Elma in the CFI of South Cotabato,
wherein a decision was rendered declaring Elmas title null and void
and thus, was ordered cancelled. The lot was reverted to the mass of
public domain subject to disposition and giving preferential right to its
actual occupant, Napoleon Gegare. (The writ of execution went to
series of processes including applying before the Board of
Liquidators. They are, however, not essential to our topic.)
The chief of LASEDECO, through the Board of Liquidators directive,
investigated the lot and recommended the division of the same
equally to both parties. The Board issued the resolution ordering the
said division. The Office of the President affirmed the boards
resolution.
Private respondent, Armie Elma, paid for the value of the of the lot.
An original certificate was then issued to him. Petitioner was also
advised by the Board to do the same.
Petitioner then filed an action for Annulment and Cancellation of
Partition of Lot 5989, Ts-217, situated at Dadiangas, General Santos
City and Annulment of Resolutions No. 272 and and 185 and/or to
Declare them Null and Void against private respondent and the
Board. The suit was docketed Civil Case No. 3270 in the RTC of
General Santos City.
Sequence of events after filing:
Priv. Resp: Motion to dismiss (GRANTED)
Pet: Motion for reconsideration (GRANED)
PR: Asked for a preliminary hearing of the grounds for the
motion to dismiss in his affirmative defenses. (DENIED)
PR: Petition for certiorari and prohibition in the CA
(GRANTED)
Pet: Urgent Motion for reconsideration (DENIED)
Pet: Appeal before the SC (DISMISSED)

Petitioners Response
Such law is not applicable since
one of the parties is the government
or
any
subdivision
or
instrumentality.

Issue: Whether or not Katarungang Pambarangay Law is applicable in this

case.
Held:

Yes, Katarungang Pambarangay Law is applicable in the case at bar.

Ratio: True it is that the Board is a government instrumentality but the

petitioner and private respondent who are also contending parties in
the case are residents of the same barangay so Section 6 of
Presidential Decree No. 1508 should apply to them as it provides---

Section 6. Conciliation, pre-condition to filing of complaint.

No complaint, petition, action or proceeding involving any
matter within the authority of the Lupon as provided in
Section 2 hereof shall be filed or instituted in court or any
other government office for adjudication unless there has
been
a
confrontation
of
the
parties
before
the Lupon Chairman or the Pangkat and no conciliation or
settlement
has
been
reached
as
certified
by
the Lupon Secretary or the Pangkat Secretary attested by
the Lupon or Pangkat Chairman, or unless the settlement
has been repudiated.

The purpose of this confrontation is to enable the parties to settle

their differences amicably. If the other only contending party is
the government or its instrumentality or subdivision the case
falls within the exception but when it is only one of the
contending parties, a confrontation should still be undertaken
among the other parties.