Next Steps When a Respondent Fails to Appear at the Third Barangay Hearing
(Philippine Katarungang Pambarangay framework, updated to May 2025)
1. Why the Third Hearing Matters
Under Republic Act No. 7160 (Local Government Code, Book III, Title I, Ch. 7) and its Katarungang Pambarangay (KP) Rules, conciliation normally goes through:
- Punong Barangay Mediation – up to 15 calendar days.
- Creation of the Pangkat ng Tagapagkasundo – within 3 days of failed mediation.
- Pangkat Conciliation – up to another 15 days, extendable once for 15 more, with three hearing dates customarily fixed at the start.
When the respondent skips all three Pangkat dates without just cause, the barangay process is deemed exhausted. That single fact unlocks the complainant’s next legal remedies and triggers punitive consequences for the absentee respondent.
2. Immediate Barangay-Level Actions
| Step | What Happens | Who Issues / Acts | Key Time-Line |
|---|---|---|---|
| a. Record of Non-Appearance | Entry in Lupon docket citing dates of notices, proofs of service, and absences | Lupon Secretary | Same day |
| b. Certification to File Action (CFA) | A one-page certificate stating conciliation failed because of respondent’s non-appearance | Pangkat Chair and Punong Barangay sign; issued to complainant | Within 15 days from final hearing date |
| c. Referral for Indirect Contempt | Barangay forwards a verified complaint to the Municipal / Metropolitan Trial Court (MTC/MeTC) asking that respondent be cited for indirect contempt under Rule 71, §3(d) R.o.C. (fine ≤ ₱1,000 or jail ≤ 1 month) | Any Lupon member or the aggrieved complainant may sign; Punong Barangay transmits | No statutory deadline, but best filed together with the CFA |
Practical tip: Complainants should secure two originals of the CFA (one for court/prosecutor, one for their file). Photocopies must be certified by the Lupon Secretary.
3. Consequences for the Absent Respondent
Loss of Counterclaim Section 410(b)(3) bars the respondent from later filing any counterclaim “arising out of or necessarily connected with” the complainant’s cause of action in any court or government agency.
Exposure to Indirect Contempt Once the Barangay files the contempt complaint, the trial court may summon the respondent; non-appearance there can lead to arrest.
Suspension of Prescription Ends The filing of the barangay complaint tolls prescriptive periods; after the CFA issues, the clock restarts and runs uninterrupted after 60 days (Sec. 410(c), last paragraph). If the complainant sues late, prescription is no longer tolled.
4. Filing the Main Case After Getting the CFA
| Nature of Claim | Where to File | Needed Attachments |
|---|---|---|
| Civil (e.g., money, ejectment, damages ≤ ₱400k outside Metro Manila / ≤ ₱500k in Metro Manila, or forcible entry/unlawful detainer regardless of amount) | MTC / MeTC having venue; for higher amounts → RTC | ✔ CFA original ✔ Verified complaint |
| Criminal (light & less-serious offenses under Art. 266 R.A. 10951, or BP 22, etc.) | Office of the City / Provincial Prosecutor (for preliminary investigation) OR directly to MTC for offenses within its summary jurisdiction | ✔ CFA original ✔ Sworn complaint-affidavit & supporting statements |
| Administrative (e.g., housing, labor, agrarian) | Relevant agency (e.g., NLRC, DARAB) if still within their jurisdiction | ✔ CFA (many agencies still require it unless the dispute is clearly exempt) |
Courts or prosecutors must dismiss filings that lack a proper CFA (or a clear statutory exemption).
5. Optional – Filing for Contempt
- Draft a verified petition citing Sec. 410(b), attaching barangay minutes and notices.
- File in the same MTC/MeTC that has territorial jurisdiction over the barangay.
- Pay docket fees (contempt is treated as a special civil action).
- Court will issue an Order to Show Cause → hearing → possible fine or imprisonment.
6. Common Pitfalls & How to Avoid Them
| Pitfall | How to Avoid |
|---|---|
| Expired CFA – courts have occasionally ruled that a CFA more than one year old is “stale.” | Sue within a reasonable time (preferably < 6 months). |
| Incorrect venue | Use respondent’s barangay/city or where cause of action arose (Rule 4, R.o.C.). |
| Late contempt filing | Submit promptly; delay may be viewed as waiver of barangay’s punitive power. |
| Failure to prove service of notices | Keep return cards, recipient’s signatures, or barangay certification of actual personal service. |
7. Situations Where Barangay Proceedings Were Never Required
The following disputes are exempt from barangay conciliation ab initio (Sec. 408, RA 7160; related cases):
- One party is the government or a government employee acting in official capacity.
- Actions with an urgency for provisional remedies (injunction, repossession, habeas corpus, etc.).
- Where the minimum penalty exceeds 1-year imprisonment or ₱5,000 fine.
- Offenses involving real property located in different cities/municipalities.
- Petitions for annulment of marriage, legal separation, adoption, inter alia.
- Disputes involving corporations, partnerships, or juridical entities.
- Parties reside in different cities/municipalities (unless they agree in writing to conciliate and file with either barangay).
If the original case was in fact exempt, no CFA is needed; the complainant may file directly in court notwithstanding the missed hearings.
8. Sample Workflow Timeline (Civil Ejectment Case)
| Day 0 | Complaint filed in Barangay A; respondent duly served. | | Day 7 | 1st PB mediation – respondent absent. | | Day 15 | 2nd PB mediation – respondent absent → PB forms Pangkat. | | Day 25 | 1st Pangkat hearing – respondent absent. | | Day 32 | 2nd Pangkat hearing – respondent absent. | | Day 39 | 3rd Pangkat hearing – respondent absent → conciliation terminated. | | Day 45 | CFA issued; barangay files contempt petition with MTC. | | Day 60 | Complainant files ejectment case in MTC, attaching CFA. |
9. Key Take-Aways
- Three strikes and you’re out – after the third missed Pangkat hearing, the barangay’s role ends.
- CFA is your passport to court – secure it quickly and attach it to any pleading.
- Respondent pays a price – loss of counterclaim, possible contempt sanctions.
- Prescription clocks resume – mind the 60-day grace.
- Venue and exemptions matter – double-check before filing to avoid dismissal.
Final Word
The barangay justice system is designed to be swift and inexpensive. When a respondent ignores it all the way to the last scheduled conciliation, the law shifts in favor of the complainant: the door to the regular courts swings open, and the scofflaw respondent risks contempt and procedural handicaps. Knowing these mechanical—but powerful—next steps ensures that a would-be litigant does not forfeit substantive rights after an unproductive round in the barangay hall.