In the Philippine legal system, the Katarungang Pambarangay (KP) serves as a compulsory mediation and conciliation mechanism designed to decongest court dockets by resolving disputes at the community level. Under the Local Government Code of 1991 (Republic Act No. 7160), a common question arises when a respondent is summoned: Can I file my own complaint against the person who sued me?
The answer is yes. This process is known as filing a Counter-Complaint.
1. The Legal Basis for Counter-Complaints
The KP Law, specifically the rules implementing the Local Government Code, allows for the filing of counter-claims or counter-complaints. If a Respondent believes they also have a cause of action against the Complainant arising out of the same occurrence or even a separate matter, they may raise it during the proceedings.
The primary goal of the Lupong Tagapamayapa is to provide a "speedy and inexpensive" settlement. Allowing counter-complaints ensures that all related grievances between the parties are addressed in a single forum, preventing a "multiplicity of suits."
2. When to File
The appropriate time to raise a counter-complaint is during the Mediation (before the Punong Barangay) or the Conciliation phase (before the Pangkat ng Tagapagkasundo).
- Oral or Written: While the initial complaint is usually filed in writing (using KP Form No. 7), a counter-complaint can be raised orally during the hearing. However, for clarity and record-keeping, it is best to have it documented in the minutes of the proceeding.
- The Same Transaction: If the counter-complaint arises from the same incident (e.g., the Complainant sues for collection of money, and the Respondent claims they are owed an offset amount), it should be raised immediately to be included in any potential settlement.
3. Procedural Requirements
To file a counter-complaint, the Respondent must generally follow these steps:
- Appear in Person: Just like the Complainant, the Respondent must appear personally. Lawyers are strictly prohibited from appearing or participating in Barangay conciliation proceedings.
- Payment of Filing Fees: Most local ordinances require a nominal filing fee for any complaint, including counter-complaints.
- Substance of the Claim: The claim must fall within the jurisdiction of the Barangay. This generally includes disputes between parties residing in the same city or municipality where the penalty for the offense (if criminal) does not exceed one year of imprisonment or a fine of ₱5,000.00.
4. Impact on the Conciliation Process
Once a counter-complaint is filed, the Lupon or Pangkat will treat both claims simultaneously. This leads to several possible outcomes:
- Amicable Settlement: The parties agree to a "set-off" or a mutual compromise where both the complaint and counter-complaint are resolved. This is recorded in a Settlement Agreement, which has the force and effect of a final judgment of a court after 10 days.
- Certificate to File Action (CFA): If no settlement is reached, the Lupon will issue a CFA. This certificate is a prerequisite for filing the case in court. If a counter-complaint was raised but not settled, the Respondent may also receive a CFA to pursue their claim in the proper court.
5. Failure to File a Counter-Complaint
While the KP Law is less formal than a court of law, failing to raise a related claim during the Barangay level may lead to complications later.
In formal court litigation, a "compulsory counterclaim" that is not raised is considered barred (waived). While the Barangay is more flexible, failing to bring up a counter-complaint during the mandatory conciliation may be viewed by a judge later as an indication of bad faith or a lack of interest in a peaceful resolution.
6. Important Limitations
It is critical to remember that not all matters can be the subject of a counter-complaint at the Barangay:
- Non-Jurisdictional Matters: Cases involving the government, real property located in different cities, or disputes where the parties reside in different (non-adjoining) municipalities cannot be settled here.
- Urgent Remedies: If the counter-complaint requires a Writ of Preliminary Injunction or other urgent judicial interventions, the parties may bypass the Barangay.
Summary Table: Complaint vs. Counter-Complaint
| Feature | Original Complaint | Counter-Complaint |
|---|---|---|
| Initiator | Complainant | Respondent |
| Purpose | To seek redress for a grievance. | To raise a cross-claim or defense. |
| Filing Point | Initiates the KP process. | During mediation or conciliation. |
| Legal Effect | Mandatory for court filing. | Resolves mutual disputes in one go. |
| Legal Counsel | Not allowed. | Not allowed. |