February 19, 2016

Hon. Victor Buendia

Barangay Captain
Barangay Labangon
Katipunan St., Cebu City
I am Manolito R. Sala, of legal age and a resident of No. 1 BLISS
Labangon, Cebu City.
I am the complainant for an ejectment case or unlawful detainer
against Miss Irish N. Paras, a tenant who is illegally occupying my
property with the expiry of her lease agreement on February 15, 2016.
A notice to pay and vacate has been served to the respondent on
February 14, 2016.
The first hearing was scheduled yesterday February 18, 2016 at
4pm. Respondent was not present but sent an SMS to one of your
lupon informing her absence. I was consulted about it and said that I
agree to have the next hearing schedule on Monday, February 22,
2016 at 10am.
However, upon the issuance of summon the next hearing date is
set on March 4, 2016 and exactly 15 days after the first failed hearing.
I have pleaded with your lupons that I will suffer more damages if it is
not moved to an earlier date other than what was set. I have raised
this issue with you personally in your office yesterday and you
instructed one of them to adhere of my pleas but upon the return to
their office it was again turned down saying that it was against the
instructions of the DILG. Hearing this I left the barangay hall
frustrated.
With the foregoing statements I am formally asking you as the
Lupon Chair to act on my case based on what the manual of
Katarongang Pambarangay Law said. Please take note that this is an
EJECTMENT CASE which the barangay took cognizance upon its
intervention when a team of your lupon responded to my request for
intervention as the respondent seen loading her personal belongings to
her vehicle. The assistance of your office was called for the following
reasons:
1. To

render real time assistance to prevent the

respondent from fleeing with her belongings with the
presumption of no intention to return as such was
the fact.
2. To intervene and possibly settle the issue at
Barangay level to avoid expensive court proceedings.
1

3. To help the court by hearing cases for issues that

can be amicably settled at a Barangay level.

4. To compel the respondent to provide a copy of
government issued ID for proper identification of the
respondent.
5. To bring the respondent into proper forum with
regards to her liability with the issue.
6. To assist the complainant in preventing more injuries
to the his right as a property owner.
My plea was denied as reason provided by the lupons that it had
to be exactly 15 days from the date of filing before the next hearing. I
have reasoned that the LGU Code says within 15days mean with in 1
day to 15 days and not exactly 15 days. As provided by:
RA 7160 Local Government Code
SECTION. 410. Procedure for Amicable Settlement. (a) Who may initiate proceeding - Upon payment of the appropriate
filing fee, any individual who has a cause of action against another
individual involving any matter within the authority of the lupon may
complain, orally or in writing, to the lupon chairman of the Barangay.
(b) Mediation by lupon chairman - Upon receipt of the
complaint, the lupon chairman shall within the next working day
summon the respondent(s), with notice to the complainant(s) for them
and their witnesses to appear before him for a mediation of their
conflicting interests. If he fails in his mediation effort within fifteen (15)
days from the first meeting of the parties before him, he shall forthwith
set a date for the constitution of the pangkat in accordance with the
provisions of this Chapter.
(c) Suspension of prescriptive period of offenses - 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. The prescriptive periods shall resume upon receipt by the
complainant of the complaint or the certificate of repudiation or of the
certification to file action issued by the lupon or pangkat secretary:
Provided, however, That such interruption shall not exceed sixty (60)
days from the filing of the complaint with the Punong Barangay.
(d) Issuance of summons; hearing; grounds for
disqualification- The pangkat shall convene not later than three (3)
days from its constitution, on the day and hour set by the lupon
chairman, to hear both parties and their witnesses, simplify issues,
and explore all possibilities for amicable settlement. For this purpose,
the pangkat may issue summons for the personal appearance of
parties and witnesses before it. In the event that a party moves to
disqualify any member of the pangkat by reason of relationship, bias,
interest, or any other similar grounds discovered after the constitution
of the pangkat, the matter shall be resolved by the affirmative vote of
the majority of the pangkat whose decision shall be final. Should

disqualification be decided upon, the resulting vacancy shall be filled

as herein provided for.
(e) Period to arrive at a settlement - The pangkat shall
arrive at a settlement or resolution of the dispute within fifteen (15)
days from the day it convenes in accordance with this section. This
period shall, at the discretion of the pangkat, be extendible for another
period which shall not exceed fifteen (15) days, except in clearly
meritorious cases.

I am hoping for a favorable action from your office. Should my

ple finds to merit nefore your office, I will be left with no choice but to
raised the matter to proper forum and shall ask for damages should be
lawfully entitle to such.

Respectfully,

MANOLITO R. SALA
Property Owner
0917-2221102
418-0576