The Katarungang Pambarangay (KP) Law, primarily governed by Title I, Book III of Republic Act No. 7160 (The Local Government Code of 1991), provides a compulsory alternative dispute resolution system at the village level. A hallmark of this system is its emphasis on the personal confrontation between parties to facilitate amicable settlements without the immediate adversarial nature of a courtroom.
The General Rule: Prohibition of Legal Counsel
The most critical rule regarding legal representation in Barangay proceedings is found in Section 415 of the Local Government Code:
"In all katarungang pambarangay proceedings, the parties must appear in person without the assistance of counsel or representative, except for minors and incompetents who may be assisted by their next-of-kin who are not lawyers."
This prohibition is strict and applies to both the mediation phase before the Punong Barangay and the conciliation phase before the Pangkat ng Tagapagkasundo.
Rationale for the Prohibition
- Non-Adversarial Nature: The goal is to reach a "mutual settlement" rather than a legal victory. The presence of lawyers is often seen as a catalyst for technical legal arguments that can hinder the informal, community-based spirit of the mediation.
- Level Playing Field: It prevents a "David vs. Goliath" scenario where a wealthier party could hire expensive counsel to intimidate or outmaneuver a party who cannot afford legal services.
- Efficiency: Barangay proceedings are designed to be fast and inexpensive. Legal technicalities often result in delays and procedural complexities.
Permissible Assistance: The Exceptions
While lawyers are barred, the law recognizes that certain individuals cannot effectively represent themselves:
- Minors: Individuals under 18 years of age.
- Incompetents: Those who, due to mental or physical conditions, cannot manage their own affairs or communicate effectively.
Conditions for Assistance:
- The assistant must be a next-of-kin.
- The assistant must not be a lawyer. If the next-of-kin is a lawyer, they are disqualified from assisting in this specific forum.
The Role of Lawyers Outside the Proceedings
Although a lawyer cannot enter the Lupon room to speak on behalf of a client, their role is not entirely eliminated from the process:
- Pre-Conciliation Advice: Parties are free to consult with lawyers before attending the Barangay hearing to understand their legal rights and the potential outcomes of a settlement.
- Drafting Documents: A lawyer may assist in reviewing a settlement agreement (Katarungang Pambarangay Form) before a party signs it, ensuring the terms are not prejudicial.
- Legal Action After Repudiation: If the conciliation fails and a Certificate to File Action is issued, or if a settlement is repudiated within the 10-day period, the lawyer then takes the lead in filing the formal complaint in court.
Special Rules for Juridical Entities
Corporations, partnerships, and other juridical entities cannot "appear in person" in the physical sense.
- Authorized Representatives: A corporation must appear through a duly authorized officer or representative.
- The No-Lawyer Rule Still Applies: Even for corporations, the authorized representative must not be a lawyer. If a corporation sends its in-house counsel or an external attorney to the Barangay, the Lupon should technically bar them from participating in the capacity of a legal representative.
Consequences of Non-Appearance
Because personal appearance is mandatory and legal representation is prohibited, failure to show up has specific legal consequences:
- For the Complainant: If the complainant fails to appear without a valid reason, the complaint may be dismissed. Furthermore, they may be barred from seeking judicial recourse for that specific dispute (i.e., they cannot get a Certificate to File Action).
- For the Respondent: If the respondent fails to appear, any counterclaim they might have may be dismissed. Crucially, the Barangay can issue a certification allowing the complainant to file the case directly in court, and the respondent may be subject to indirect contempt or other administrative sanctions.
Summary Table: Who Can Appear?
| Party Type | Authorized Participant | Prohibited Participant |
|---|---|---|
| Individual (Sui Juris) | The party themselves | Lawyers, Attorneys-in-fact |
| Minors / Incompetents | Non-lawyer next-of-kin | Lawyers, Professional guardians |
| Corporations / Entities | Authorized non-lawyer officer | Corporate Counsel, External Attorneys |
Conclusion
The exclusion of lawyers from the Barangay level is a deliberate legislative choice to preserve the Lupon as a forum for "peaceful neighbors" rather than "litigants." While it may seem restrictive, it ensures that the resolution of minor disputes remains accessible, informal, and centered on community harmony rather than technical legalities.