FIRST DIVISION
[G.R. No. 213645. August 24, 2015.]
DANIEL BALINAS AND SALVACION B. SILVANO, petitioners, vs. AGRIPINA BALINAS, ZOILO BALINAS, AND JOHN DOES [HEIRS OF THE LATE ESTEBAN BALINAS], respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 24, 2015 which reads as follows:
"G.R. No. 213645(Daniel Balinas and Salvacion B. Silvano v. Agripina Balinas, Zoilo Balinas, and John Does [Heirs of the Late Esteban Balinas]). — The petitioners' compliance with the Resolution dated April 20, 2015, submitting a USB containing the soft copies of the filed compliance and petition for review on certiorari is NOTED; and the filing of a reply to the comment on the petition for review on certiorari as required in the said Resolution dated April 20, 2015 is hereby DISPENSED.
After a judicious perusal of the records, the Court resolves to DENY the instant petition and AFFIRM the March 22, 2012 Decision 1 and June 13, 2014 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 02683 for failure of petitioners Daniel Balinas and Salvacion B. Silvano (petitioners) to sufficiently show that the CA committed any reversible error in dismissing the case for failure to comply with the prior conciliation requirement under Presidential Decree No. 1508, 3 otherwise known as the "Katarungang Pambarangay Law."
Records show that the Certification 4 dated December 20, 2005 issued by the Punong Barangay failed to indicate that: (a) there was a confrontation between the parties but no conciliation had been reached; or (b) no personal confrontation took place before the Pangkat through no fault of the complainant. 5 Consequently, a case filed in court without complying with the said requirements may be properly dismissed without prejudice on the ground of prematurity, 6 as in this case.
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo, pp. 26-35. Penned by Associate Justice and Chairperson Edgardo L. Delos Santos with Associate Justices Nina G. Antonio-Valenzuela and Abraham B. Borreta concurring.
2. Id. at 45-48. Penned by Associate Justice and Chairperson Edgardo L. Delos Santos with Associate Marilyn B. Lagura-Yap and Jhosep Y. Lopez concurring.
3. Entitled "ESTABLISHING A SYSTEM OF AMICABLY SETTLING DISPUTES AT THE BARANGAY LEVEL."
4. Rollo, p. 84.
5. See Part II (2) of Supreme Court Circular No. 14-93.
6. Part IV of Supreme Court Circular No. 14-93 provides that:
A case filed in court without compliance with prior Barangay conciliation which is a precondition for formal adjudication (Sec. 412 [a] of the Revised Katarungang Pambarangay Law) may be dismissed upon motion of defendant/s, not for lack of jurisdiction of the court but for failure to state a cause of action or prematurity . . .