MARCELINA J. GENABE G.R. No. 183623 June 25, 2012 J. Reyes The compulsory process of arbitration is a pre-condition for the filing of the complaint in court. Where the complaint (a) did not state that it is one of the excepted cases under the Katarungang Pambarangay Law, or (b) it did not allege prior availment of said conciliation process, or (c) did not have a certification that no conciliation had been reached by the parties, the case should be dismissed. FACTS: Agbayanni filed a criminal complaint for grave oral defamation against Genabe. The Office of the City Prosecutor found probable cause for filing of the Information however upon petition for review, the DOJ Undersecretary, it affirmed that there is merit in the petition however failed to show that the case was referred to the barangay for conciliation in compliance with the Local Government Code thus he reversed the finding of the Prosecutor. The CA dismissed Agbayanis petition. ISSUE: Whether or not the failure to bring an action to conciliation is a ground to dismiss a petition. RULING: YES. It is indeed a ground to dismiss a petition. Administrative Circular No. 14-93,26 issued by the Supreme Court on July 15, 1993 states that: I. All disputes are subject to Barangay conciliation pursuant to the Revised Katarungang Pambarangay Law and prior recourse thereto is a pre-condition before filing a complaint in court or any government offices, except in the disputes provided by the same law. The compulsory process of arbitration is a pre-condition for the filing of the complaint in court. Where the complaint (a) did not state that it is one of excepted cases, or (b) it did not allege prior availment of said conciliation process, or (c) did not have a certification that no conciliation had been reached by the parties, the case should be dismissed.
Mercedita C. Coombs vs. Victoria Castaneda, Virgilio Veloso Santos, Sps. Pancho & Edith Levist, BPI Family Savings Bank and The Register of Deeds of Muntinlupa City G.R No. 192353, March 15, 2017