2023 Remedial Law, Q2

Trinca borrowed ₱1.5 million from Ida. Trinca executed a promissory note promising to pay Ida in three equal monthly installments. When Trinca failed to pay her obligation, Ida filed an action for recovery of a sum of money against her in the Metropolitan Trial Court of Pasay City. The case was raffled to Judge Risa, who upon reading the complaint, noticed that Trinca and Ida were neighbors in Barangay 189 in Pasay City and that there was no prior referral of the case for barangay conciliation. Hence, Judge Risa dismissed the case motu proprio for failure to comply with a condition precedent. Was the dismissal by Judge Risa proper? Explain your answer.

Quick check

Was Judge Risa's motu proprio dismissal of the complaint proper?

Under Section 1, Rule 9 of the Rules of Court, which of the following is NOT a ground for motu proprio dismissal by the court?

What is the legal nature of the requirement to undergo barangay conciliation prior to court litigation?

What happens if a defendant fails to raise the lack of prior barangay conciliation in a motion to dismiss or in the answer?

When may a trial court validly dismiss a civil action motu proprio under Rule 9 of the Rules of Court?

Learn more about these topics

1. Barangay Conciliation
Under the Local Government Code, referral of a dispute to the Barangay Lupon for conciliation is a mandatory condition precedent prior to filing an action in court when both parties reside in the same city or municipality. However, non-compliance with barangay conciliation proceedings does not affect or divest the trial court of its subject matter jurisdiction. It is merely a procedural defect affecting the plaintiff's cause of action or condition precedent, which can be cured or waived if not properly and timely raised by the defendant in a motion to dismiss or answer.

2. Motu Proprio Dismissal
Under Section 1, Rule 9 of the Rules of Court, a trial court is strictly limited in its authority to dismiss an action on its own initiative. A court may dismiss a complaint motu proprio only on four specific statutory grounds: lack of subject matter jurisdiction, litis pendentia, res judicata, and prescription of the action. Because failure to comply with a condition precedent like barangay conciliation is not among these four enumerated exceptions, a judge acts in excess of authority and commits reversible error when dismissing a case motu proprio on that ground.

3. Waiver of Defenses
Under the Omnibus Motion Rule and Rule 9 of the Rules of Court, defenses and objections not raised either in a motion to dismiss or in the answer are deemed waived. Since non-compliance with barangay conciliation is a waivable condition precedent rather than a jurisdictional defect, the defendant must affirmatively plead it as an affirmative defense or in a motion to dismiss. If the defendant fails to raise non-referral to the barangay at the earliest opportunity, the defense is forfeited, and the court must proceed to try the case.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026