Allowing Authorized Representatives in Barangay Mediation Proceedings in the Philippines

This article explains when and how parties may act through authorized representatives in barangay dispute settlement (Katarungang Pambarangay), what documents are required, the limits of representation, and the practical steps for Punong Barangay, Lupon Tagapamayapa, and parties.

1) Why representation is a recurring issue

Barangay conciliation is designed for in-person, informal resolution. In reality, parties can be abroad, elderly, persons with disabilities, detained, corporate entities, or simply unavailable on the set date. That creates tension between (a) the law’s preference for personal appearance and (b) due process, accessibility, and efficiency. Understanding when representation is allowed—and how to document it—prevents later challenges to settlements or certifications to file action.

2) Legal framework in brief

Katarungang Pambarangay (KP) under the Local Government Code (LGC) requires parties to undergo barangay conciliation as a condition precedent before filing certain cases in court or prosecutor’s office.
Proceedings usually start with mediation by the Punong Barangay; if unresolved, a Pangkat ng Tagapagkasundo is constituted for conciliation or arbitration.
Lawyers do not appear as counsel in KP sessions (the process is citizen-mediated). The rule of personal appearance is the default—but it is not absolute.

3) General rule vs. exceptions

General rule

Parties are expected to appear personally and speak for themselves in mediation/conciliation. This supports candor and community peace-making.

Recognized exceptions (representation allowed)

Representation is permitted where personal appearance is legally or practically impossible or where the party is a juridical person, notably:

Minors and persons who are incompetent – represented by a parent, guardian, or legal representative.
Juridical persons (corporations, partnerships, associations, cooperatives, HOAs, NGOs, etc.) – represented by an authorized officer or agent (e.g., president, managing partner) with written authority.
Spouses where community/conjugal property or a shared interest is affected – one spouse may represent the other with a Special Power of Attorney (SPA) or other written consent; safer practice is both spouses present when property rights are compromised.
Agents/attorneys-in-fact – a non-lawyer authorized under an SPA specifically empowering the agent to appear, negotiate, enter into amicable settlement, or submit to arbitration.
Persons with disability, serious illness, or comparable constraints – a support person or representative may assist, provided authority to compromise is documented if the representative will sign.
Persons deprived of liberty, OFWs, persons abroad – representation via SPA (consularized/apostilled if executed abroad) is commonly accepted.
Government-owned or controlled corporations – represented by duly authorized officers. (Note: disputes involving government entities or officials acting in official capacity are often outside KP coverage; if nonetheless accommodated informally, use written authority.)

Key limit: Lawyers may not appear as counsel in barangay sessions. A lawyer may act only as an authorized representative if he/she is not appearing as counsel and holds an SPA expressly for KP representation and compromise—but many barangays prudently avoid lawyer-representatives to preserve the non-lawyer character of the forum.

4) What the authorization must contain

A. Special Power of Attorney (SPA) – for natural persons

An SPA should clearly grant power to:

Appear at KP mediation/conciliation and any Pangkat sessions;
Negotiate terms;
Enter into and sign an amicable settlement (Kasunduan);
Submit to arbitration and receive an award (Pasya), if chosen;
Receive notices and copies; and
Undertake related acts (e.g., select venue within the barangay process, request resets, acknowledge receipt).

Formality tips

Notarized (and apostilled/consularized if executed abroad).
Identify the specific dispute or at least the parties and barangay.
Attach valid ID of principal and agent.

B. Corporate/association authority

Board Resolution or Secretary’s Certificate authorizing a named officer/agent to:
- represent the entity before the Lupon/Pangkat,
- compromise/settle, and/or submit to arbitration, and
- sign and bind the entity.
Include corp/SEC details (or CDA/DOLE registration for cooperatives/associations).

C. Guardianship/parental authority

Present proof of status (e.g., birth certificate, court order for guardianship, or valid IDs) and, if property rights are affected, ensure court approval where required by substantive law.

5) Practical workflow for barangay officials

Pre-session screening
- Ask at the outset: “Are you appearing personally or as a representative?”
- If representative, receive and record the SPA/board resolution; photocopy and mark as Annex to the case record.
Open-court verification (on the record)
- Confirm the identity of representative and scope of authority.
- Read aloud the key powers (appear, negotiate, compromise, arbitrate).
- Invite any objection from the opposing party; resolve promptly.
During negotiation
- Address the principal’s interests, not just the representative’s convenience.
- For remote principals (e.g., OFW), consider phone/video confirmation for major terms; note this in the minutes.
Settlement drafting
- Use precise party captions: “Juan Dela Cruz, represented by Maria Santos, attorney-in-fact per SPA dated 10 March 2025 (Annex ‘A’).”
- Require the representative to sign “for and on behalf of” the principal and affix initials on each page.
Attestation and records
- The Punong Barangay or Pangkat members attest the settlement/award.
- File the SPA/board resolution as attachments to the case docket; reflect in the Barangay Justice logbook.
Post-settlement
- Explain repudiation: any party may repudiate within 10 days from settlement on grounds of fraud, violence, or intimidation—do it in writing at the barangay.
- Execution: If a party defaults, the settlement/award—having the force of a final judgment—may be enforced through the appropriate trial court upon motion.

6) Substantive limits on what a representative may do

Compromise requires express authority. A generic “to represent me” clause is not enough. It must expressly authorize compromise/settlement or submission to arbitration.
Property or family rights: When the agreement disposes of or burdens conjugal/community property, obtain consent of both spouses (or SPA from the non-appearing spouse). For minor’s property, follow the Family Code/Civil Code and court approvals where applicable.
Exceeding authority: A settlement signed beyond the agent’s powers is voidable and vulnerable to timely repudiation; later ratification by the principal can cure the defect.
Counsel’s role: Lawyers may advise outside the session, but not act as litigation counsel within KP proceedings.
Conflicts of interest: Barangay officials, Lupon members, or mediators should not act as representatives of any party in a case pending before the same Lupon/Pangkat.

7) Absence and non-appearance

Good cause: Illness, disability, detention, work abroad, or other substantial reasons justify representation or reset.
Unjustified refusal/failure to appear after proper notice allows:
- issuance of the Certification to File Action (CFA) against the absent party, or
- recording of non-appearance for administrative/statistical purposes.
Repeated non-appearance by a represented party may still stall honest settlement; mediators should balance efficiency with fairness by setting firm timelines.

8) Documentation checklists

For the party/representative

SPA (notarized; apostilled/consularized if executed abroad) with specific authority to compromise/arbitrate
Valid IDs of principal and representative
Contact details (email, mobile) for quick confirmations
Supporting records (contracts, receipts, IDs, police blotter, medical certs)

For corporations/associations

Board Resolution/Secretary’s Certificate naming the representative and powers
Proof of registration (SEC/CDA/DOLE)
Company ID of signatory

For the barangay (admin file)

Copy of notice/summons with service details
Minutes stating appearance by representative and scope found sufficient
Annexes: SPA, board resolution, IDs
Kasunduan/Pasya with correct party styling and signatures
Acknowledgment of rights (repudiation within 10 days)

9) Sample language you can adapt

A. SPA for KP proceedings (sample)

SPECIAL POWER OF ATTORNEY I, [Name, age, civil status, address], hereby appoint [Name of Agent, age, address] as my Attorney-in-Fact to:

Appear for me in Katarungang Pambarangay proceedings in Barangay [Name], [City/Municipality], Case No. [xxx], involving [Opposing Party];

Negotiate and agree on terms;

Enter into and sign an amicable settlement (Kasunduan);

Submit to arbitration and receive the award (Pasya);

Receive notices and copies, request resets, and sign related documents. I confirm and ratify all acts done under this authority. Executed this [date] at [place]. [Principal’s signature] (with ID details) ACKNOWLEDGMENT (Notarial)

B. Secretary’s Certificate (sample)

SECRETARY’S CERTIFICATE I, [Name], Corporate Secretary of [Entity], certify that on [date], the Board adopted Resolution No. [xxx] authorizing [Name/Title] to represent the Corporation before the Lupon/Pangkat of Barangay [Name], to negotiate, compromise, and sign any settlement or submit the dispute to arbitration, and to perform all acts necessary to implement the same. Issued on [date]. [Signature], Corporate Secretary

10) Common pitfalls (and how to avoid them)

Vague authority → Use explicit compromise/arbitration language.
Representative signs without capacity noted → Always sign “for and on behalf of [Principal] per SPA dated [date].”
Only one spouse signs on a property settlement → Get spousal consent/SPA.
Corporate rep without board authority → Require a resolution/secretary’s certificate.
Lawyer appears as counsel → Politely disallow; if the party wants a lawyer’s advice, pause for private consultation outside the session.
No record of verification → Put the authority check and any telephonic/video confirmation in the minutes.

11) Special notes on arbitration under the KP

If parties agree to arbitration before the Pangkat or Punong Barangay:

The submission to arbitration must be written and voluntary; a representative can bind the party only if expressly authorized to submit to arbitration.
The award (Pasya) has the effect of a final judgment; it is enforceable in court unless seasonably assailed (e.g., via repudiation grounds applicable to settlements or defects in consent/process).

12) Accessibility and fairness

Provide reasonable accommodations (interpreters, accessible venues, flexible scheduling).
Permit a support person to accompany a party; clarify on the record whether the support person is only assisting or is a representative with binding authority.
For remote principals, consider hybrid sessions (speakerphone/video) to confirm consent to major terms; summarize confirmations in writing.

13) Quick reference (one-page summary)

Default: Parties appear personally; no lawyers as counsel.
Representation allowed for minors/incompetents (guardian), juridical persons (authorized officer), spouses (with consent/SPA), agents (with SPA expressly to compromise/arbitrate), and practical constraints (OFW, PDL, PWD) with proper documents.
Documents: SPA (notarized; apostille if abroad), Board Resolution/Secretary’s Certificate, IDs.
Settlement: Put authority in the caption and signature block; explain 10-day repudiation; enforce through the trial court if breached.
Do not allow a lawyer to act as counsel in the session.
Record everything in minutes; annex the authority papers.

Final note

This article provides general legal information. Particular disputes can raise additional issues (coverage exceptions, venue, criminal vs. civil, property and family law constraints). When in doubt about scope of authority or validity of consent, it is prudent to require clearer written authority or the personal appearance of the principal at least for the final acceptance of terms.