Conciliation Proceedings; Katarungang Pambarangay vs. Pre-Trial Conference

REMEDIAL LAW QUESTION 1999

What is the difference, if any, between the conciliation proceedings under the Katarungang Pambarangay Law and the negotiations for an amicable settlement during the pre-trial conference under the Rules of Court?

SUGGESTED ANSWER:

The difference between the conciliation proceedings under the Katarungang Pambarangay Law and the negotiations for an amicable settlement during the pre-trial conference under the Rules of Court is that in the former, lawyers are prohibited from appearing for the parties. Parties must appear in person only except minors or incompetents who may be assisted by their next of kin who are not lawyers.  (Formerly Sec. 9, P.D. No. 1508; Sec. 415, Local Government Code of 1991, R.A. 7160.) No such prohibition exists in the pre-trial negotiations under the Rules of Court.