PROCEDURE IN THE KATARUNGAN PAMBARANGAY
Category: Criminal Procedure
WHAT IS THE PROCEDURE IN THE KATARUNGAN PAMBARANGAY LAW?
1. While the dispute is under mediation conciliation or arbitration, the prescriptive periods for offenses and cause of action under existing laws shall be interrupted upon filing of the complaint with the Punong Barangay
2. Prescriptive periods shall resume upon receipt by the complainant of the complaint or the certificate of repudiation or of the certification to file action filed by the Lupon or Pangkat secretary
3. Provided however, that such interruption shall not exceed 60 days from the filing of the complaint with the Punong Barangay
WHAT ARE THE EXCEPTIONS TO THE RULE?
1. Where the accused is under detention
2. Where a person has been otherwise deprived of personal liberty calling for habeas corpus proceedings
3. Where actions are coupled with provisional remedies
4. Where the action may be barred by the statute of limitations
Newer Philippine Law Resources:
Additional Law Reading:
- CAN THE OFFENDED PARTY GO DIRECTLY TO COURT TO FILE A CRIMINAL ACTION? -
- WHAT IS THE EFFECT OF THE FILING BEFORE THE LUPON BARANGAY TO THE RUNNING OF PRESCRIPTION? -
- WHAT IS THE EFFECT OF THE INSTITUTION OF THE CRIMINAL ACTIONS ON THE PERIOD OF PRESCRIPTION -
- HOW ARE CRIMINAL ACTIONS INSTITUTED? -
- PROSECUTION OF OFFENSES -
PROCEDURE IN THE KATARUNGAN PAMBARANGAY
Category: Criminal Procedure
WHAT IS THE PROCEDURE IN THE KATARUNGAN PAMBARANGAY LAW?
1. While the dispute is under mediation conciliation or arbitration, the prescriptive periods for offenses and cause of action under existing laws shall be interrupted upon filing of the complaint with the Punong Barangay
2. Prescriptive periods shall resume upon receipt by the complainant of the complaint or the certificate of repudiation or of the certification to file action filed by the Lupon or Pangkat secretary
3. Provided however, that such interruption shall not exceed 60 days from the filing of the complaint with the Punong Barangay
WHAT ARE THE EXCEPTIONS TO THE RULE?
1. Where the accused is under detention
2. Where a person has been otherwise deprived of personal liberty calling for habeas corpus proceedings
3. Where actions are coupled with provisional remedies
4. Where the action may be barred by the statute of limitations
Newer Philippine Law Resources:
Additional Law Reading:
- CAN THE OFFENDED PARTY GO DIRECTLY TO COURT TO FILE A CRIMINAL ACTION? -
- WHAT IS THE EFFECT OF THE FILING BEFORE THE LUPON BARANGAY TO THE RUNNING OF PRESCRIPTION? -
- WHAT IS THE EFFECT OF THE INSTITUTION OF THE CRIMINAL ACTIONS ON THE PERIOD OF PRESCRIPTION -
- HOW ARE CRIMINAL ACTIONS INSTITUTED? -
- PROSECUTION OF OFFENSES -
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