(Katarungang Pambarangay / Barangay Justice System Context)

I. What Is a Barangay Certificate to File Action?

Under the Katarungang Pambarangay system (Barangay Justice System) in the Local Government Code of 1991 (RA 7160), certain disputes must first go through conciliation at the barangay before they can be brought to court or the prosecutor.

When the conciliation fails, the barangay issues a Certificate to File Action (CFA). This is:

A formal acknowledgment that barangay conciliation was attempted but no settlement was reached, or that the settlement was properly repudiated, or that a party refused to appear.
A “license to sue” – a condition precedent required by law for covered disputes.
Not a decision on the merits. It does not say who is right or wrong; it only certifies that barangay processes have been exhausted or have failed.

For many civil cases and minor criminal cases between individuals living in the same city/municipality, courts and prosecutors will look for this CFA. If you skip barangay conciliation when it is required, your case can be dismissed or sent back to the barangay.

II. When Is a Certificate to File Action Issued?

You usually get a CFA in any of the following situations:

Failed mediation/conciliation
- The Punong Barangay (Barangay Captain) first tries to mediate.
- If mediation fails, a Pangkat ng Tagapagkasundo (conciliation panel) is formed.
- If, after these processes, no settlement is reached within the statutory period, a CFA is issued.
Repudiation of settlement
- The parties may reach a settlement at the barangay.
- Within a limited period (10 days from the date of settlement), a party may repudiate (formally reject) the settlement on the ground that it was obtained through fraud, violence, or intimidation.
- If repudiation is properly made, the barangay may then issue a CFA so the dispute can proceed to court.
Unjustified failure to appear
- If the respondent fails or refuses to appear despite proper notice, the barangay may terminate the proceedings and issue a CFA to the complainant.
- If the complainant fails to appear, the complaint can be dismissed at the barangay level, and the cause of action can even be barred. In that case, the complainant may not get a CFA at all.
Other grounds under the Katarungang Pambarangay rules
- For example, where the barangay is unable to form a Pangkat or other procedural impasses occur, and the Lupon (Lupon Tagapamayapa) determines that barangay conciliation can no longer proceed.

III. Legal Effect of the Certificate to File Action

Once you have a CFA:

It proves compliance with the requirement of prior barangay conciliation for disputes covered by the law.
It allows you to file a case in court or with the public prosecutor.
It is treated as compliance with a condition precedent.
- Without a CFA (in cases where it is required), the defendant may raise non-compliance with barangay conciliation as a ground for dismissal or as an affirmative defense.
It does not determine rights or liabilities.
- The court or prosecutor will still independently evaluate the evidence.

IV. Coverage: When Is Barangay Conciliation (and thus a CFA) Required?

Generally, barangay conciliation is required when:

The parties are natural persons (individuals),
They reside in the same city or municipality, and
The dispute is:
- a civil case, or
- a criminal offense punishable by imprisonment not exceeding one (1) year or a fine not exceeding ₱5,000, or both, or
- a civil liability arising from such offenses.

Common examples:

Utang (unpaid loans), small property damage, minor physical injuries, simple neighbor disputes, boundary issues involving real property in the same municipality, etc.

There are many exceptions where barangay conciliation is not required (and therefore no CFA is needed), including when:

One party is the government or a government instrumentality.
One party is a public officer in relation to official functions.
The parties live in different cities/municipalities (subject to some exceptions where adjacent barangays agree to handle the dispute).
The offense is punishable by a higher penalty than the barangay law’s coverage.
The dispute would be prejudicial to public order, or urgent legal action is needed (e.g. to obtain a temporary restraining order, writ of attachment, or immediate police/prosecutorial intervention).

But since your focus is on what happens after getting the CFA, let’s move to that.

V. Steps After Getting the CFA – For Civil Cases

Once you receive the CFA and you want to file a civil case (e.g., collection of sum of money, damages, recovery of property), here are the typical steps:

1. Keep the Original CFA Safe

The original CFA is usually required by the court.
Make multiple photocopies for your lawyer and for your own records, but keep the original free from folds or damage.

2. Identify the Proper Court

You must determine where and in what court to file, based on:

Nature of the case
- Example: breach of contract, property dispute, damages, etc.
Amount involved or value of property, and the rules then in force.
Venue
- For personal actions (e.g. collection of money, damages): usually the place where the plaintiff or defendant resides, as allowed by the Rules of Court.
- For real actions (e.g. recovery of real property): usually where the property is located.

Depending on those factors, you may end up filing in:

The MTC/MTCC/MCTC (Municipal Trial Court, Municipal Circuit Trial Court, etc.), or
The RTC (Regional Trial Court).

Your CFA does not dictate the court; it simply enables you to go to the proper one.

3. Prepare the Complaint

The Complaint is the initiatory pleading. It should contain:

Caption and title of the case
Parties (names, addresses)
Cause of action (material facts, what the defendant did or failed to do)
Relief/prayer (what you want the court to order)
The required Verification and Certification against Forum Shopping
For corporations or organizations: proper authority or board resolution authorizing the signatory.

The complaint should also allege barangay conciliation. Example wording:

“That prior barangay conciliation was undertaken in accordance with the Katarungang Pambarangay Law, but no settlement was reached, as evidenced by the Certificate to File Action issued by the Punong Barangay of [Barangay], [City/Municipality] on [date], attached as Annex ‘A’.”

Attach the CFA as an annex and label it (e.g. Annex “A”).

4. Attach Supporting Documents

Aside from the CFA, attach:

Contracts, receipts, promissory notes, or other agreements.
Photos, communications, or other evidence.
Optional: any minutes or records from the barangay if available (though not always required, they can help show the history of the dispute).

5. Pay the Required Court Fees

File your complaint at the Office of the Clerk of Court of the appropriate court and pay:

Docket fees
Legal research fees
Sheriff’s fees and other miscellaneous fees

Without full payment, the case may not be properly filed.

6. Issuance and Service of Summons

Once the case is docketed:

The court issues Summons to be served to the defendant.
The CFA is part of the court record, showing that jurisdictional barangay steps were complied with.

7. Subsequent Proceedings

After summons is served, the case proceeds according to the applicable rules:

Civil Procedure (ordinary) – Answer, pre-trial, trial, etc.
Summary Procedure or Small Claims – For certain cases involving smaller amounts or specific subject matters, with simplified procedures and shorter timelines.

Your barangay CFA continues to be part of the case file but is not, by itself, evidence that the defendant is liable. You still need to prove your case.

VI. Steps After Getting the CFA – For Criminal Cases

If your dispute involves a criminal offense within the barangay’s coverage (e.g. slight physical injuries, minor threats, simple slander, etc.) and barangay settlement failed, you may want to pursue a criminal complaint.

1. Determine Where to File: Prosecutor vs. Directly in Court

Depending on the nature of the offense:

Some criminal complaints must be filed first with the Office of the City/Provincial Prosecutor for preliminary investigation.
Some minor offenses may be filed directly with the appropriate trial court (e.g. MTC/MeTC), following the Rules on Summary Procedure or other rules.

This depends on:

The penalty prescribed by law, and
Supreme Court and DOJ rules then in force.

2. Prepare a Complaint-Affidavit

Typically, you will need:

A Complaint-Affidavit narrating the facts in detail: what happened, when, where, who was involved, and how your rights were violated.
Supporting Affidavits of witnesses.
Supporting documents or evidence, such as medical certificates, photos, messages, etc.

Importantly, the affidavit should state that:

Barangay conciliation was undertaken, and
No settlement was reached / settlement was repudiated / respondent refused to appear,
And a CFA was issued (attach as an annex).

3. Attach the CFA

The CFA is indispensable in many barangay-covered criminal cases because:

It shows that the prosecutor or court can now take cognizance of the complaint.
Some offices explicitly require it before they docket your complaint (unless the case falls under an exception to barangay conciliation).

4. Filing and Evaluation

File your complaint with:
- The Prosecutor’s Office (for cases requiring preliminary investigation), or
- The appropriate court (for certain minor offenses).
The prosecutor or court will:
- Examine your complaint and evidence,
- Possibly require clarifications or additional evidence, and
- If in the prosecutor’s office, may require the respondent to submit a Counter-Affidavit, leading to a preliminary investigation.

5. After the Prosecutor’s Action

If filed with the prosecutor:

If there is probable cause, the prosecutor will file an Information in the proper court.
If there is no probable cause, the complaint may be dismissed. The CFA does not guarantee filing; it only permits the case to go beyond the barangay.

Once an Information is filed in court, the criminal case follows:

Arraignment
Pre-trial
Trial
Judgment

VII. Timelines and Prescription After Barangay Proceedings

An important legal effect of filing the complaint with the barangay is on prescription (the time limit to file cases).

When you file a complaint with the barangay, the running of the prescriptive period of the offense or cause of action is interrupted.
This interruption is not indefinite; it is limited by law (commonly expressed as not more than 60 days from filing of the barangay complaint).
After the barangay proceedings terminate (e.g. upon issuance of the CFA), the prescriptive period resumes.

Simple example (for illustration):

Suppose a certain offense prescribes in 1 year.
The offense happened on January 1.
You file a complaint with the barangay on July 1 (181 days have passed).
Prescription is interrupted starting July 1, but not for more than the statutory maximum period.
After that max interruption period lapses or when barangay proceedings officially end (e.g. CFA is issued), the clock resumes with the remaining days of the original prescriptive period.

This means:

Getting the CFA does not reset your prescriptive period to zero.
You must still be mindful of deadlines, especially in criminal cases with short prescriptive periods.

VIII. Common Pitfalls After Getting a CFA

Letting too much time pass before filing
- Even with a CFA, if you file the case after the cause of action/offense has prescribed, the complaint may be dismissed.
Filing in the wrong court or office
- Filing a civil case in a court without jurisdiction (e.g. wrong level, wrong venue) can lead to dismissal.
- Filing a criminal complaint directly in court when it should first go to the prosecutor (or vice versa) can cause delays or dismissal.
Not attaching the CFA
- For barangay-covered disputes, failure to attach the CFA can be raised by the other side.
- The court can order you to comply or, if you persistently fail, dismiss the case.
Confusing a Settlement with a CFA
- A Certificate of Settlement (where parties agreed) is different from a Certificate to File Action (where they did not).
- A valid, final settlement at the barangay has the effect of a final judgment. You do not file a new case to relitigate the same issues; you may only file a case to enforce or annul that settlement on limited grounds.
Failure to repudiate a defective settlement
- If you believe your barangay settlement was obtained by fraud, intimidation, or violence, you must repudiate it within the legal period (commonly 10 days).
- If you do not, the settlement becomes final and binding, and you may lose the right to reopen the dispute in court.

IX. Barangay Non-Appearance and Its Consequences

After proceedings end and a CFA is issued, it is useful to understand the impact of non-appearance:

If the complainant failed to appear without valid reason:
- The barangay complaint may be dismissed at that level.
- The cause of action can be barred, meaning the complainant may be prevented from refiling the same complaint, and thus may not obtain a CFA.
If the respondent failed to appear without valid reason:
- The CFA may still be issued to the complainant.
- The respondent may face certain disadvantages (e.g. loss of certain rights like counterclaim in some contexts, and potential sanctions the law or rules may allow).

These consequences are distinct from the later court proceedings. The court will still hear the case on its merits, but the record of non-appearance may have evidentiary or practical implications.

X. Practical Tips When Proceeding After Receiving the CFA

Consult a lawyer early
- While you can file some cases (especially small claims) on your own, legal advice helps ensure:
  - Correct forum and venue
  - Proper forms and pleadings
  - Compliance with technical rules and deadlines
Organize your documents
- Keep:
  - Original CFA
  - Barangay notices, minutes, or written settlement (even if repudiated)
  - Photos, receipts, contracts, IDs, medical records, etc.
- Arrange them chronologically. This makes it easier to prepare affidavits and testimonies.
Request certified copies if needed
- If the court later needs proof of barangay proceedings, you may request certified true copies of:
  - The CFA
  - Any settlement/repudiation
  - Minutes or case records (where available)
Understand that the CFA is neutral
- It does not say who is at fault.
- Do not assume that merely having a CFA guarantees a favorable result in court or with the prosecutor.
If you change your mind about suing
- You are not forced to file a case just because you have a CFA.
- You can still negotiate with the other party and settle privately.
- If you settle after filing, you can also compromise the case in court (subject to court approval).

XI. Frequently Asked Questions

1. Is the Certificate to File Action always required? No. It is required only for disputes within the coverage of the Katarungang Pambarangay system. If your case falls under one of the exceptions (government as party, parties in different municipalities without agreed barangay, offenses beyond the barangay’s penalty limits, urgent action needed, etc.), you may go directly to court or the appropriate authority without a CFA.

2. Can I use a very old CFA to file a case now? The law focuses on prescription, not the “age” of the CFA itself. But in practice:

If too much time has passed such that the cause of action or offense has prescribed, your case can be dismissed.
Some courts may also question whether the CFA still fairly reflects the current situation if it is extremely old, especially if circumstances have changed.

3. Does the CFA prove that the other party is guilty or liable? No. The CFA is not a decision on the merits. It merely states that barangay conciliation has been attempted and has failed, or that a settlement was repudiated, or that a party did not appear.

4. If we reached a settlement at the barangay but I now regret it, can I still file a case? Only in limited circumstances. If:

You repudiate the settlement within the legal period (e.g. 10 days) on grounds of fraud, violence, or intimidation and the barangay accepts the repudiation, a CFA may be issued and you can file a case.
If you do not repudiate within the allowed time, the settlement typically acquires the force of a final judgment. You generally cannot reopen the dispute, except by filing an action to annul or invalidate the settlement on specific legal grounds.

5. Can a corporation or company rely on a CFA to file a case? The barangay justice system is primarily designed for disputes between individuals residing in the same city or municipality. Whether a particular dispute involving a corporation needs barangay conciliation can depend on the nature of the parties and the prevailing jurisprudence at the time. In practice, many disputes involving corporations go directly to court. It is prudent to consult a lawyer in such situations.

XII. Final Notes

A Barangay Certificate to File Action is a gateway document: it does not win your case, but it allows your case to go forward where the law requires prior barangay conciliation.

Once you have it, your main tasks are to:

Act within legal time limits (avoid prescription),
File in the correct forum, with the proper pleadings and attachments, and
Present your evidence and arguments clearly in accordance with the Rules of Court and other applicable rules.

This overview is general information, not a substitute for personalized legal advice. For specific cases, especially those involving complex facts, substantial claims, or serious criminal allegations, it is wise to consult a Philippine lawyer who can examine your documents (including your CFA) and guide you through the exact steps tailored to your situation.