The Prosecution and the Court Pillar
THE PROSECUTION PILLAR
PROSECUTION is the process or method whereby accusations are brought before a court of justice to determine the innocence or guilt of the accused.
From the police, the case is elevated to the prosecution office for the conduct of preliminary investigation in order to determine Prima Facie Evidence. The existence of Prima Facie Evidence would warrant the filing of a complaint or information otherwise, the prosecutor should dismiss the case.
Under the law, the prosecutor shall direct and control the prosecution of the criminal action.
THE PROSECUTORIAL AGENCIES
The following are the prosecutorial agencies:
[1] National Prosecution Service (NPS – DOJ)
[2] Chief State Prosecutor/Provincial/City Prosecutor
[3] Assistant Prosecutor/State Prosecutor
[4] Office of the Special Prosecutor (OSP)
[5] Office of the Ombudsman
NOTE: A Military Tribunal is an administrative agency and is not part of the judicial department. It is under the Executive department. All cases decided by a Military Tribunal are appealable to the President.
IMPORTANT DEFINITIONS:
(1) Preliminary Investigation is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well-founded belief that a crime has been committed and that the respondent is probably guilty thereof, and should be held for trial.
(2) Prima Facie Evidence is evidence, which, if unexplained or uncontradicted, would establish the fact in question. Such evidence, if not contradicted, is sufficient to maintain the charge alleged.
(3) Reasonable & Probable Cause a belief based on a well-grounded suspicion; reasonable grounds of a belief that a person has committed a crime
(4) Complaint is a sworn statement charging a person with an offense, subscribed by the offended party, any peace or other public officer charged with the enforcement of the law violated.
(5) Information is an accusation in writing charging a person with an offense subscribed by the fiscal and filed with the court. It is also defined as a formal written accusation made by a prosecutor and files in a court, alleging that a specified person has committed a specific offense.
Although the Prosecution Pillar is not a Criminal Court, its function is similar to Court when the Prosecution conducts Preliminary Investigation. The Prosecutor figuratively sits in the middle of the victim and the respondent in weighing the facts, statements of the parties or their witnesses, and evidence.
The Prosecutor will act as Mediator or Arbiter upon submission of the investigation proceedings and evidence by the Law enforcer that conducted the initial investigation. The Prosecutor examines the position paper submitted and if he believes that there is no ground to conduct Preliminary Investigation, he shall dismiss it. On the other hand, if the Prosecutor believes otherwise, he shall notify the offending party to answer the Complaint-Affidavit and produced evidence and witnesses therein within ten (10) days from receipt. As a rule, whether an answer is filed or not, the Prosecutor may proceed with the conduct of Preliminary Investigation.
Preliminary investigation is conducted with the aim of determining the existence of probable cause which serves as Prima Facie Evidence and in the end, becomes the basis of the Investigating Prosecutor in recommending for the filing of Complaint or Information. Thus, what had been established to exist during the preliminary investigation should in a more rigid legal requirement as dictated by the quantum of proof needed in a criminal case be established during the trial.
In other words, the establishment of the existence of probable cause during the Preliminary Investigation proceeding is not conclusive proof of guilt as it is only prima facie evidence which the respondent or accused can rebut during the trial.
Under the new rule, cases that require Preliminary Investigation are those where the penalty is at least 4 years, 2 months, and 1 day.
PRELIMINARY INVESTIGATION: OFFICERS AUTHORIZED THEREIN
The following may conduct a Preliminary Investigation
[1] Provincial or City Prosecutors and their assistants
[2] National and Regional State Prosecutors
[3] Such other officers as may be authorized by Law
FACTORS INVOLVED IN FILING A CASE
The factors that influenced the Prosecutor in filing a case are:
(1) The legal strength of the case
The prosecutors are lawyers and well-trained in the legalities and technicalities of every case. On the basis of the available evidence and in contrast with the allegation, the prosecutor knows the strength of the case, whether superior or inferior.
(2) The suspect is in fact guilty
While the prosecutors are not judges, they could initially determine based on evidence if the suspect is in fact guilty. This assumption is supported by direct or corroborative circumstances which though appeared to be true can, later on, be rebutted in court.
(3) The willingness of witnesses to testify
Testimonies of witnesses are far better than circumstantial evidence. The willingness of witnesses to testify is of great support to the contentions established by the prosecution.
(4) The likelihood to prove the defendant’s guilt
Despite difficulties in getting witnesses or direct evidence, the prosecution may still continue in filing the charge if they could likely prove the defendant’s guilt.
DISCRETIONARY DECISION BY THE PROSECUTORS
Like the police, the Prosecutor also exercises discretionary decisions. Some of their discretionary decisions are:
What charges to File
There may be instances that the findings of police investigators as to the act violated are contrary to the evidence gathered and submitted to the Prosecution. It is for this reason that the Prosecution has the prerogative to determine the proper charge to file.
Decline to Prosecute the Arrested Party
Not all persons arrested by the police are deemed to be the same persons committing the act complained of. It is discretionary on the part of the prosecutor not to prosecute those who appeared to have nothing to do with the complaint act. On the other hand, the prosecution may decline to prosecute one of the several accused and make such withdrawn accused as star or state witness for the prosecution.
Hereunder are some of the excerpts of the rule on the withdrawal of an accused as state witness:
When two or more persons are jointly charged with the commission of an offense, upon motion of the prosecution before resting its case, the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state when, after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge, the court is satisfied that:
[1] There is an absolute necessity for the testimony of the accused whose discharged is required;
[2] There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused;
[3] The testimony of said accused can be substantially corroborated in its material points;
[4] Said accused does not appear to be the most guilty; and
[5] Said accused has not at any time been convicted of any offense involving moral turpitude.
Note: The evidence adduced in support of the discharged shall automatically form part of the trial. If the court denies the motion for discharge of the accused as state witness, his sworn statement shall be inadmissible in evidence.
Effect of the discharge of the accused as state witness:
The order of the discharged as state witness shall amount to an acquittal of the discharged accused and shall be a bar to future prosecution for the same offense unless the accused fails or refuses to testify against his co-accused in accordance with his sworn statement constituting the basis of his discharge.
Go for Death Penalty in Capital Cases
A corresponding penalty is provided for every offense violated. The penalty varies according to the gravity of the offense and the presence or absence of mitigating and aggravating circumstances. The prosecution may as the case and evidence warrant go for the imposition of capital punishment.
A capital offense is an offense which, under the law existing at the time of its commission and of the application for admission to bail, may be punished with death.
Plea Bargaining
Plea bargaining is a process utilized by the prosecution whenever the charge against the accused is weak. Nonetheless, the prosecution could still hold the accused liable for some other act, which is necessarily included in the charge. To prosper, the prosecution utilizes Plea Bargaining.
Note: See the next topic.
Nolle Prosequi
Note: Topic after Plea Bargaining.
PLEA BARGAINING AND ITS MECHANICS
DEFINITION OF PLEA BARGAINING
The process of discussion or negotiation between the defense counsel & prosecutor aimed at reaching an agreement whereby the prosecutor uses discretion to obtain from the judge a lighter sentence in exchange for the defendant’s entering a guilty plea.
Ordinarily, Plea-bargaining is similar to the situation of buyer and seller. The buyer wants the products but could not afford the price. In order to have the product at an affordable amount, he has to bargain with the seller.
In actual Plea-bargaining, the Prosecution wants the conviction of the accused. Although such conviction on the act charge is not possible, the prosecution believes that the accused can still be convicted of some other lesser offense. Hence, the Prosecution has to bargain with the defense counsel (representative of the accused) for the former to obtain a plea of guilt and for the latter to have a lesser charge, which means a lesser penalty. (In some cases, as in the picture above, if compensation is needed, the victim may be included in the discussion)
OBJECTIVES OF PLEA BARGAINING
The parties in entering to Plea Bargaining has their own objective. The prosecution wants an easy way of attaining conviction since the accused has to enter into a plea of guilty. On the contrary, the defense wants mitigation of penalty on crime such as:
Reducing the charge
Examples: Murder to Homicide or Robbery to Theft
Dropping Multiple Counts
Example: From complex to simple like rebellion and murder reduced to rebellion only.
Recommend leniency to the Court
Example: The attendance of mitigating circumstances in the commission of the crime.
Separate Charge to Complex Crime
Example: Robbery and homicide to a complex crime of robbery with homicide.
CHARACTERISTICS OF PLEA BARGAINING
The characteristics of plea bargaining are:
[a] It is an informal off-the-record process controlled by the prosecutor & defense counsel without court or accused participation.
[b] No formal rules observed.
[c] Both counsels have to bargain in the dark for they have no knowledge of the legal strength of the case.
[d] A pre-sentence report by a probation officer is not necessary for the outcome of plea bargaining.
[e] Plea-bargaining may begin after the arrest and continue after the trial has begun.
PLEA BARGAINING: ITS PROCESS
Plea bargaining is entered into between the prosecutor and the defense lawyer before an accused is arraigned.
Plea-bargaining is ordinarily entered before an accused is arraigned.
However, the new Rules on Criminal Procedure provide that after Arraignment but before Trial is held, there should first be Pre Trial because Pre Trial in Criminal Case is now mandatory. Among the matters to consider during the Pre Trial Conference are:
[1] Plea Bargaining;
[2] Stipulation of Facts;
[3] Marking for identification of evidence of the parties;
[4] Waiver of objections to the admissibility of evidence;
[5] Modification of the order of trial if the accused admits the charge but interposes a lawful defense; and
[6] Such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.
Generally, when the accused pleads guilty, the accused automatically waives the right to trial and to appeal.
Arraignment Defined:
Arraignment is a legal mechanism whereby an accused is brought before the court wherein the clerk of the court reads the complaint or charge against him in the presence of his lawyer, the prosecutor, in which the accused is to announce his plea.
WHY PROSECUTORS RELIES ON PLEA BARGAINING:
Prosecutors rely on Plea Bargaining for the following reasons:
(a) Efficiency
(b) Legally weak cases
(c) Effectiveness
PROS AND CONS OF PLEA BARGAINING
ADVANTAGES OF PLEA BARGAINING:
(1) Reduce court backlogs
Plea Bargaining saves the time of the court hence helps the court in reducing its backlog
(2) Provide speedy justice
The rigidity of technicalities and other dilatory tactics is avoided.
(3) Allows conviction in “bad arrests”
Technicalities and irregularities committed at the time of arrest are deemed waived upon entry of voluntary plea during the arraignment.
(4) Saves the victim from humiliation (rape)
In private crimes, the victim can be asked to reconstruct or demonstrate in the almost exact way how the act was committed. This could be an added agony to the already suffering victim.
(5) The decision is final & there is no appeal
DISADVANTAGES OF PLEA BARGAINING
[1] The worst enemy of plea bargaining is the police “bargain basement” plea
Dedicated policemen are willing to risk their very own life and there are times that some are killed in the line of duty just to apprehend the violator but such effort will only end in plea bargaining.
[2] Bartered guilty pleas are not evidence of genuine repentance and undermine the basic premises of “Crime and Punishment” which is the foundation of Criminal Law.
The principal reason why offenders in entering into plea bargaining are to evade the harsh consequence of the charge if proven guilty. It is the benefit that they can obtain from such a plea that encourages them to enter into the agreement.
[3] Defendants are dissatisfied- if they were asked if represented by a lawyer, the answer was “NO! Only by a public defender”
The saving factor in plea-bargaining is that the truly innocent don’t plead guilty.
NOLLE & NOLLE PROSEQUI
DEFINITIONS:
-
- NOLLE is a request made by the prosecutor to the court for approval to terminate further criminal prosecution against a suspect.
- NOLLE PROSEQUI is a written argument presented by the prosecuting attorney stating that he does not believe the evidence is sufficient to warrant a conviction.
Nolle Prosequi is done after arraignment and during the time frame given to present its case but prior to the resting of the case of the prosecutor. It is resorted when the prosecutor believes that his evidence is not enough to likely prove the guilt of the accused. If no plea bargaining had been initiated or if one is initiated but no agreement arrived, the prosecution may move for the Nolle of the case.
REASON FOR NOLLE OF THE CASE:
The Nolle of the case is based on the following grounds:
Prosecution is inadvisable
In fairness to the parties, the prosecution will not gamble the case if it is very apparent that the evidence obtained does not warrant continuance of prosecuting the charge. If the prosecutor believes that he could likely prove the guilt of the accused if given sufficient time to accumulate additional evidence, but if none, then he may resort to this remedy of Nolle Proseque.
The prosecutor has no opportunity to screen the case
Due to workload, the prosecution may not have enough time to screen the case, or when the one continuing the charge has no chance of studying the case. In this regard, the prosecution may in the meantime ask for the Nolle of the case.
CHARATERISTICS OF NOLLE
[a] Mere formality
[b] Prosecutors are not required to give reasons for the Nolle
[c] The person charge whose case is under nolle has his case suspended for (12) months
[d] After 12 months, full dismissal
In nolle prosequi, the charge is already filed in court. The prosecution has to ask permission in order to make the request formal.
The nolle has the effect of suspending the case for twelve months. This grace period gives the prosecution more opportunity to locate additional evidence in support of the charge. Should there be no re-filing of the case after the lapse of twelve months, the charge is considered dismissed. Any re-filing made beyond the period would constitute double jeopardy.
Under the old rules on Criminal Procedure, if a case is provisionally dismissed with the consent of the prosecutor and the offended party, the failure to reinstate the case within the given period will make the dismissal permanent.
Period for reinstatement
(1) For offenses punishable by imprisonment not exceeding six (6) years, the period for reinstatement is one (1) year; and
(2) For offenses punishable by imprisonment of more than six (6) years, the period of reinstatement of two (2) years.
The requisites of provisional dismissal are:
[a] Consent of the Prosecutor;
[b] Consent of the Accused; and
[c] Notice to the Offended party
According to the new Rules on Criminal Procedure, however, a case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party.
The effect of provisional dismissal under the new rule is:
[1] The provisional dismissal of offenses punishable by imprisonment not exceeding six (6) years or fine of any amount, or both shall become permanent one (1) year after issuance of the order without the case having been revived, and
[2] With respect to offenses punishable by imprisonment of more than six (6) years, their provisional dismissal shall become permanent two (2) years after issuance of the order without the case having been revived.
OBJECTIVES IN ASKING FOR A NOLLE:
The prosecutor has the following objectives in asking for a nolle:
(a) Reduce case overload
(b) Reduce court backlog
The nolle or temporary dismissal of the case will in effect delay in bringing defendants to trial but after the lapse of the period without the re-filing of the same is already considered as a dismissal with prejudice. Any re-filing after the lapse of the period constitutes double jeopardy, a ground to quash the complaint under the rules on Motion to Quash.
TYPES OF COUNSEL FOR DEFENDANT
The defendant has the right to be assisted by counsel in whatever stages of the proceeding. In fact, if the defendant cannot afford to have counsel the courts appoint one.
The following are the types of counsel for the defendant:
(a) A lawyer hired by the defendant (Pvt. Counsel)
(b) A public defender for the indigent given by the government
(c) Court-assigned Counsel (Counsel de officio)
Some agencies extending free legal assistance for defendants are:
[a] PAO – Public Attorney’s Office
[b] FLAG – Free Legal Assistance Group
[c] IBP – Integrated Bar of the Philippines
END OF THE SECOND PILLAR OF THE CRIMINAL JUSTICE SYSTEM
COURT: THE THIRD PILLAR OF THE CRIMINAL JUSTICE SYSTEM
The Court is considered the centerpiece of the Criminal Justice System. Courts are under the judicial department and are looked upon as the final arbiter of all legal controversies.
The courts enter into the scene upon filing the necessary complaint or information by the prosecution. The courts are forums where the aggrieved seek redress.
Under Section 1, Article 8 of the 1987 Constitution provides that “The Judicial Power shall be vested in one Supreme Court and in such lower courts as may be established by law.
The Supreme Court is the highest court of the land and is referred to as the “court of last resort.” Other courts established by law are those created under Batas Pambansa Blg. 129 and other special laws.
DEFINITIONS:
[1] Jurisdiction is the power of the court to hear and decide legal controversies.
[2] The Venue is the territorial limit within which judicial power is exercised.
JURISDICTION AND VENUE EXPLAINED:
All courts are empowered to hear and decide legal issues. For instance, the Regional Trial Courts in criminal cases have exclusive original jurisdiction to hear and decide issues where the act complained of imposes a penalty of more than six (6) years. If the penalty provided is less than six (6) years, the power to hear and decide belongs to the Inferior Courts such as the Municipal Trial Court, Municipal Circuit Trial Court, and Metropolitan Trial Court.
The jurisdiction to hear and decide legal issues must conform to the venue, which is the territorial limit within which judicial power is exercised. In this case, while the Regional Trial Court has the power to try homicide cases, not all Regional Trial Courts, however, can try and decide the case.
The venue of the case should be considered. If the crime is committed in Manila then it should be filed in the Regional Trial Court that sits in Manila and not to any other Regional Trial Courts elsewhere located in the country. This is because the venue or place where the crime was committed is in Manila, the territory where the Regional Trial Court of Manila sits.
THE SUPREME COURT AND OTHER STATUTORY COURTS:
THE DIFFERENT COURTS ARE:
(1) The Constitutional Court
(1) Supreme Court
The Supreme Court is composed of 15 members headed by one Chief Justice and 14 Associate Justices. The justices in deciding cases may sit EN BANC or BY DIVISION.
(2) The Statutory Courts:
1. Courts created under BP Blg. 129 otherwise known as The Judiciary Reorganization Act of 1981. However, R.A. No. 7691 “An act expanding the jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts, amending for the purpose B.P. Blg. 129”
(i.) Court of Appeals (Formerly called Intermediate Appellate Court)
The Court of Appeals is composed of associate justices and is headed by one Presiding Justice. The justices may sit EN BANC or by division.
(ii) Regional Trial Court (Formerly called Court of First Instance)
There are Regional Trial Courts in each of the judicial regions in the country.
(iii) Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts.
There are Metropolitan Trial Courts in each city, Municipal Trial Courts in each municipality, and Municipal Circuit Trial Courts in each circuit comprising such cities and/or municipalities as are grouped together pursuant to law.
(2) Other courts created under special laws:
– P.D. No. 1606 ( Sandiganbayan )
– R.A. No. 1125 ( Court of Tax Appeals)
THE PRE–TRIAL DEFINED, TRIAL AND JUDGEMENT
PRE-TRIAL DEFINED
PRE-TRIAL is an informal trial that precedes the regular trial of a case primarily intended to expedite the proceeding whenever the accused and his counsel agree whereby the court shall then conduct a pre-trial conference, without impairing the rights of the accused on the following matters:
[1] Plea bargaining;
[2] Stipulation of facts;
[3] Marking for identification of evidence of the parties;
[4] Waiver of objections to the admissibility of evidence; and
[5] Such other matters will promote a fair and expeditious trial.
TRIAL DEFINED
A TRIAL is judicial examination and determination of the issues in an action or proceeding, civil or criminal. In criminal procedure, trial means all the proceedings in open court after pleadings are finished and the prosecution is otherwise ready, done to, and including the verdict.
THE ORDER OF TRIAL IN A CRIMINAL CASE.
The order of trial shall proceed in the following order:
(1) The prosecution shall present evidence to prove the charge and in the proper case, the civil liability;
(2) The accused may present evidence to prove its defense and damages, if any, arising from the issuance of any provisional remedy in the case.
(3) The parties may then respectively present rebutting evidence only, unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue.
(4) Upon admission of the evidence, the case shall be deemed submitted for decision unless the court directs the parties to argue orally or to submit memoranda.
(5) However, when the accused himself admits the acts or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified accordingly.
JUDGEMENT DEFINED
Judgment as defined by Section 1, Rule 120, of the 1985 Rules on Criminal Procedure, means the adjudication by the court that the accused is guilty or is not guilty of the offense charged, and the imposition of the proper penalty and civil liability provided by law on the accused.
DUTIES AND ROLE OF THE COURT
(A) DUTIES OF THE COURTS IN THE CRIMINAL JUSTICE SYSTEM PROCESS:
Generally, the court conducts a hearing and decides a case brought before it.
The courts in conducting hearings have to observe that:
[a] The courts work both in the interest of the offender & the offended person towards the attainment of justice.
[b] Due process and equal protection clause are observed
[c] There is a fair trial
[d] Weight the evidence must be on merit according to law.
(B) THE HIERARCHY OF PROOF:
(i) In a criminal case, the quantum of proof is proved beyond a reasonable doubt;
(ii) In a civil case, the quantum of proof needed is a mere preponderance of evidence;
(iii) In administrative case, the quantum of proof is substantial evidence.
(C) REGLEMENTARY PERIOD WITHIN WHICH THE COURT SHALL DECIDE A CASE:
Section 15, Article VIII of the 1987 Constitution provides the reglementary period within which the court decides the case as follows:
(1) Supreme Court – within 24 months
(2) Court of Appeals – within 12 months unless reduced by the Supreme Court.
(3) Inferior Courts – within 3 months unless reduced by the Supreme Court.
(4) Sandiganbayan – within 3 months after it has been submitted for decision.
Decisions rendered beyond the reglementary period are still valid but the concerned officer shall be administratively sanctioned.
(D) ROLE OF THE COURT AFTER THE CASE IS RESTED
Where the guilt of the accused is proven beyond a reasonable doubt, the court promulgates judgment of conviction. In this case, the penalty imposed shall be based on the law violated and the presence of circumstances that modifies the criminal liability. The principal penalty could be death, imprisonment, destierro, fine, or any combination thereof. On the other hand, where the finding is otherwise, the court shall acquit the accused.
THE DIFFERENT REMEDIES AVAILABLE TO PARTIES
A. REMEDY OF THE ACCUSED IF CONVICTED
Decisions rendered convicting the accused shall become final only upon the expiration of the reglementary period within which to exhaust any available remedy. In this case, the convicted accused is given 15 days upon receipt of the order to initiate any appropriate action as follows;
[1] Motion for Reconsideration
[2] Motion for New Trial
[3] Appeal:
[4] Appeal to the Regional Trial Court
[5] Appeal to the Court of Appeal from the decision of the Regional Trial Court in the exercise of its original jurisdiction.
[6] Appeal to the Court of Appeals in cases decided by Regional Trial Court in the exercise of its appellate Jurisprudence-Petition for review.
[7] In the case of the death penalty, automatic review by the Supreme Court.
[8] Other appeals to the Supreme Court by petition for review or certiorari.
B. REMEDY OF THE PROSECUTION IN CASE OF:
(1) Acquittal
When the decision rendered by the court is an acquittal, the prosecution cannot appeal the decision. Any appeal undertaken will amount to double jeopardy.
(2) Dismissal
Any dismissal made at the behest of the opposition of the prosecution can be appealed within the reglementary period of 15 days. The lapse of the period without filing the necessary action shall operate the dismissal final.
THE KATARUNGANG PAMBARANGAY
The Katarungang Pambarangay or also Lupong Tagapayapa was originally conceived in P.D. No. 1508 – A system of amicably settling disputes at the Barangay Level. The law established the Barangay Justice System. Moreover, R.A. No. 7160 or the Local Government Code of 1991, amended a certain portion of the former law.
Conceptually, Katarungan Pambarangay is justice administered at the barangay level. It is a system of amicably settling disputes among family and barangay levels without judicial recourse.
The Objectives of the Katarungan Pambarangay are:
a. To promote speedy administration of justice.
b. To perpetuate the time-honored tradition of settling disputes amicably for the maintenance of peace and harmony.
c. To implement the constitutional mandate to preserve and develop Filipino culture.
d. To relieve the courts of docket congestion and thereby enhance the quality of justice dispensed by them.
Hereunder are the most salient features of the Katarungan Pambarangay:
[a] It makes barangay settlement a prerequisite to bringing suit in the regular courts of justice. This will ensure that all disputes, with certain exceptions, must go through the conciliation process so only those that are truly irreconcilable will be left for formal resolution.
[b] Counsel or anyone else may not present parties. This is designed to make the proceeding simple and inexpensive as to be available to all and also facilitate an amicable settlement.
DISPUTES THAT MAY BE SETTLED AT THE BARANGAY LEVEL
All disputes among individuals residing in the same city or municipality may be subject to proceeding for amicable settlement EXCEPT for the following cases:
(1) Where the parties involved reside in barangays of different cities or municipalities unless such barangay adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon;
(2) Where the dispute involves real property located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon;
(3) Where one party is the government or any subdivision or instrumentality thereof;
(4) Where one party is a public officer or employee and the dispute relates to the performance of his official functions;
(5) Where the dispute involves an offense punishable by imprisonment exceeding one (1) year or a fine exceeding two five thousand (5,000.00);
(6) Offenses where there is no private offended party, for example, littering, gambling, jay-walking, public scandal, vagrancy, and prostitution; and
(7) Such other classes of disputes, which the President may, in the interest of justice, determine upon recommendation of the Secretary of Justice.
END OF MODULE 3
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