DIU VS CA

G.R. No. 115213               December 19, 1995

FACTS: 

Due to the dismissal of the complaint, petitioners appealed to the aforementioned Regional Trial Court pursuant to Section 22 of Batas Pambansa Blg. 129. Said appellate court, however, did not find it necessary to pass upon the issue of the alleged non-compliance with Presidential Decree No. 1508 but, instead, decided the appeal on the merits.

ISSUE: 

Whether or not the confrontations before the BarangayChairman of Naval satisfied the requirement therefor in Presidential Decree No. 1508.

RULING: 

In the case at bar, it is admitted that the parties did have confrontations before the Barangay Chairman of Naval although they were not sent to the pangkat as the same was not constituted. Their meetings with said barangay chairman were not fruitful as no amicable settlement was reached. While no pangkat was constituted, it is not denied that the parties met at the office of the barangay chairman for possible settlement. The efforts of the barangay chairman, however, proved futile as no agreement was reached. Although no pangkat was formed, we believe that there was substantial compliance with the law. It is noteworthy that under Section 412 of the Local Government Code aforequoted, the confrontation before the lupon chairman OR the pangkat is sufficient compliance with the pre-condition for filing the case in court.