1999 Bar: Katarungang Pambarangay vs. Pre-Trial


1999 Bar: What is the difference, if any, between the conciliation proceeding under the Katarungang Pambarangay Law and the negotiations for an amicable settlement during the pre-trial conference under the Rules of Court? (2%)
The main difference between the conciliation proceeding under the Katarungang Pambarangay Law and the negotiations for an amicable settlement during the pre-trial conference under the Rules of Court is the prohibition on appearance of members of the bar. Under the Katarungang Pambarangay Law, lawyers are prohibited from appearing for the parties. Parties must appear in person only except minors or incompetent persons who may be assisted by their next of kin who are not lawyers. No such prohibition exists in the pre-trial negotiations under the Rules of Court.