Republic of the Philippines
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
DILG-NAPOLCOM Center, EDSA corner Quezon Avenue, West Triangle, Quezon City
http://www.dilg.com.ph
3 February 2021
DIR. JUAN JOVIAN E. INGENIERO, CESO IV
Regional Director, DILG Region VI
6 Pepita Aquino Street, Fort San Pedro
Iloilo City
Dear RD Ingeniero:
This has reference to your Memorandum dated 17 November 2020
seeking the Central Office’s opinion regarding the applicability of Republic
Act 9285, otherwise known as “Alternative Dispute Resolution Act of
2004” on matters involving Katarungang Pambarangay.
The herein issue arose from the request of party to a dispute, that
has been a subject of a lupon case, from the Punong Barangay for
minutes and other records of the meeting relative to the proceeding which
was, however, denied on the ground that the request shall only be granted
or the copies of the documents shall only be issued if requested by the
court.
Specifically, the queries are the following:
1. Is RA 9285 applicable to the Lupon/Katarungang Pambarangay
proceedings? Is RA 9285 suppletory or a supplement to
Lupon/Katarungang Pambarangay proceedings and provisions as
provided for by the Local Government Code of 1991?
2. Can the Punong Barangay, barangay secretary, other barangay
officials, or members of the Lupon or Pangkat, refuse to issue copies
or certified true copies of the summons, minutes of the
meetings/proceedings, and other public documents to a requesting
individual who is either the complainant or respondent in the
proceedings? The refusal to be based on Section 9 of RA 9285.
It is the position of your Regional Legal Officer that RA 9285 is not
wholly applicable to the Lupon or Katarungang Pambarangay
proceedings based on Sections 404 and 414 of Republic Act No. 7160,
otherwise known as “Local Government Code of 1991”, Section 53 of RA
9285, Executive Order No. 97, Series of 20121, and that the party to a
Lupon case is a party-in-interest, hence, has the right to have copies of
the proceedings that he/she is part of.
Nonetheless, your good Office is seeking the Central Office’s
definitive position for your guidance and barangay officials’.
Foremost, “Alternative Dispute Resolution System”, as defined in
Section 3(a) of Republic Act (RA) No. 9285, otherwise known as
“Alternative Dispute Resolution Act of 2004”, means any process or
procedure used to resolve a dispute or controversy, other than by
adjudication of a presiding judge of a court or an officer of a government
agency, in which a neutral third party participates to assist in the resolution
of issues, which includes arbitration, mediation, conciliation, early neutral
evaluation, mini-trial, or any combination thereof. (Underscoring Supplied)
In relation thereto, “government agency” means any government
entity, office or officer, other than a court, that is vested by law with quasijudicial power to resolve or adjudicate dispute involving the government,
its agencies and instrumentalities, or private persons.
It is to be noted that a lupon and/or Katarungang Pambarangay is
not vested with quasi-judicial powers. The Revised Katarungang
Pambarangay Law (KPL) under RA 7160 was established to settle
disputes and controversies within its jurisdiction in an informal and speedy
manner, so as to lessen the courts’ case dockets, especially so, if the
issues can be resolved and/or settled within the barangay level, or without
resort yet to courts.
Applying the foregoing, it is our view that RA 9285 is not applicable
to Lupon/Kataraungang Pambarangay (KP) proceedings. Considering
that it is not applicable, the same cannot likewise be made suppletory to
KP proceedings. In contrast, Administrative Circular No. 14-93, entitled
“Guidelines on the Katarungang Pambarangay Conciliation Procedure to
Prevent Circumvention of the Revised Katarungang Pambarangay Law”
and the Revised Katarungang Pambarangay Law (Sections 399-422 of
RA 7160) shall govern the procedure for settlement of disputes within the
authority of the Lupon.
With respect to the second query, we answer in the negative.
Entitled “Revoking Executive Order No. 523 (s. 2006) and Conferring Upon the Office for Alternative
Dispute Resolution the Management, Development, Coordination, and Oversight of Alternative Dispute
Resolution Programs in the Executive Department, and for Other Purpose, dated 18 October 2012”
1
We agree with the position of the Regional Legal Officer that
pursuant to Section 404(b) of RA 7160, “the lupon secretary shall issue
certified true copies of any public record in his custody that is not by law
otherwise declared confidential.”
While it is true that information obtained through mediation
proceedings shall be privileged and confidential, Section 13(f) of Republic
Act No. 10173, otherwise known as “Data Privacy Act of 2012”,
nonetheless allows the processing of sensitive personal information and
privileged information necessary for the protection of lawful rights and
interests. The pertinent provision reads:
“SEC. 13. Sensitive Personal Information and Privileged
Information. – The processing of sensitive personal information
and privileged information shall be prohibited, except in the
following cases:
xxx
(f) The processing concerns such personal information as is
necessary for the protection of lawful rights and interests of
natural or legal persons in court proceedings, or the
establishment, exercise or defense of legal claims, or when
provided to government or public authority.
xxx”
Accordingly, information relative to mediation or Lupon proceedings
cannot be denied access and/or be refused to be issued in favor of any
parties to the case. It is the parties’ rights to be furnished or be able to
obtain copies of what transpired during the Lupon proceedings which
include, among others, summons and minutes of the meetings.
This opinion is being rendered without prejudice to any contrary
opinion of competent authorities and the courts.
We hope to have guided you on the matter. Thank you.
Very truly yours,
By Authority of the Secretary:
MARLO L. IRINGAN, CESO III
Officer-in-Charge
Office of the Undersecretary for Local Government
Legal/91
Copy Furnished:
Atty. Leogen V. Tomulto
REGALADO AUJERO & DIVINAGRACIA LAW OFFICES
Mezzanine Floor, S.C. Divinagracia Bldg.
Quezon St., Iloilo City