Case Digest: Vercide vs Hernandez AM No MTJ-00-1265

By ResIpsaLoquitor -
Valencides Vercide vs Judge Priscilla Hernandez
AM No. MTJ-00-1265                                             April 6, 2000

Judge Hernandez was charges for grave abuse of authority and ignorance of the law for her dismissal of a case which complainant Vericde filed against Galleros for recovery of possession of land. The land is located in Upper Centro, Tudela, Misamis Occidental. Defendant Galleros is a resident of the same municipality while complainant are residents of Dipolog City. Because of this fact, the case was filed in court without prior referral to the Lupong Tagapamayapa. 

Issue:
1. Whether or not the lupon has jurisdiction in this case?
2. Whether or not Judge Hernandez is guilty of grave abuse of authority and ignorance of the law?

Ruling:
1. No, under Sec. 408 of RA 7160:

“The lupon shall have authority to bring together the parties actually residing in the same city or municipality for amicable settlement…” 

and Sec. 408 (f) and Sec. 2, Rule VI of the Katarungan Pambarangay Rules:

“Exception to amicable settlement: Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon”

It is clear that recourse to barangay conciliation proceedings is not necessary where the parties do not reside in the same municipality or city or in adjoining barangays. Hence, there is no need for prior referral to the lupon.

2. Yes, Judge Hernandez showed patent ignorance, if not, disregard of this Court’s rulings on the jurisdiction of the Lupong Tagapamayapa by erroneous quotation of the provisions of the Katarungan Pambarangay Rules of implementing RA 7160.

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