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LETICIA B. AGBAYANI vs.

COURT OF APPEALS, DEPARTMENT OF JUSTICE and LOIDA


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.

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