Brief Summary
This video discusses the importance of issuing a Certificate to File Action (CFA) in barangay justice when a resolution cannot be reached, even if it might affect the barangay's peacekeeping incentive award (LTI). It emphasizes that denying a CFA can impede access to justice, which is a greater failure than not achieving conciliation at the barangay level. The video clarifies that while barangays should strive for reconciliation, they should not hesitate to issue a CFA when necessary, as mandated by the Local Government Code of 1991, and prioritize due process and human rights over LTI scores.
- CFA is a document that allows a complainant to file a case in court when barangay conciliation fails.
- Barangay's role is to reconcile parties, but they have limited power to resolve complex legal issues.
- Denying CFA to avoid affecting LTI scores can be a denial of access to justice.
- The law mandates issuing CFA when parties don't reach an agreement, and withholding it can lead to administrative cases.
- Due process and human rights are more important than high LTI scores.
Introduction
The video introduces the topic of Certificate to File Action (CFA) within the Katarungang Pambarangay system, addressing concerns that frequent issuance of CFAs might negatively impact a barangay's peacekeeping incentive award (LTI). It questions whether withholding a CFA when a case cannot be resolved is justifiable, emphasizing the importance of justice.
What is Certificate to File Action (CFA)?
A Certificate to File Action (CFA) is a document issued by the barangay chief or conciliation team after a complaint has undergone the barangay justice process without reaching an agreement between the disputing parties. This CFA serves as a "go signal" to file a case in court or with the prosecutor's office. Without a CFA, courts will generally not accept cases that fall under the jurisdiction of the barangay justice system.
Limitations of Barangay Justice
The barangay's power to resolve disputes is limited, as it is not a court or a fiscal office. The primary goal of the barangay is to reconcile parties through mediation or conciliation. In situations involving large debt collections (e.g., 500,000), complicated contracts, or cases requiring legal interpretation, the barangay's capacity to resolve the issue is exceeded, as these matters often require the expertise of judges.
Consequences of Withholding CFA
If a barangay withholds a CFA due to concerns about their LTI rating, it can prevent a complainant from seeking justice through the courts. This denial of access to justice is a significant issue. The Local Government Code of 1991 and its implementing rules obligate the barangay chief or board to issue a CFA if the parties do not reach an agreement within the specified period.
Importance of Issuing CFA When Necessary
It is more detrimental to deny a citizen a CFA, preventing them from seeking justice in court, than to issue one. The law does not allow holding back a CFA for LTI purposes. Failure to provide a CFA when it is warranted may result in complaints or administrative cases due to dereliction of duty. The barangay should not become a "CFA factory," but it should grant the complainant the right to go to court when the case cannot be resolved at the barangay level.
Documenting Attempts at Reconciliation
It is important to document all attempts made to reach an agreement before issuing a CFA, including minutes of meetings and records of hearings and reconciliation efforts. Issuing a CFA indicates a failure to achieve the goal of barangay justice, but hindering people from finding justice at a higher level is a greater failure.
Prioritizing Justice and Due Process
Due process and human rights are more important than achieving high scores on the LTI. Justice begins in the barangay but does not necessarily end there if resolution is not possible.
