Scope and Recipients of the Order
- The directive covers all judges in Courts of First Instance, Circuit Criminal Courts, Juvenile and Domestic Relations Courts, Courts of Agrarian Relations, City and Municipal Courts.
- It also includes all fiscal officers and other prosecuting officers across the country.
Reference to Prior Circulars and Memoranda
- The letter mandates compliance with:
- Circular No. 38 (September 25, 1979) issued by the Minister of Justice to all fiscals and prosecuting officers.
- Memorandum No. 79 a (November 5, 1979) issued by the Minister of Local Government and Community Development to various local government development officers.
- Circular No. 22 (November 9, 1979) issued by the Chief Justice to all judges concerned.
Role of City and Municipal Development Officers
- These officers are required to certify the organization of the Lupong Tagapaya (Barangay Conciliation Panel) in their barangays.
- Certification must be submitted within five (5) days from the publication of this order.
- Certified documents must be sent to the Ministry of Justice, Supreme Court, fiscals, and judges concerned.
Restriction on Judicial and Prosecutorial Actions
- Fiscals and judges are explicitly ordered not to accept complaints, conduct investigations, file charges, or hold trials for cases that fall under the jurisdiction of the Lupong Tagapaya unless conciliation efforts through the Lupong have been attempted first.
- This order enforces the prerequisite exhaustion of barangay conciliation before court processes can commence.
Legal and Administrative Effect
- This order commands compliance with the established barangay conciliation system to promote early dispute resolution and decongest courts.
- It institutionalizes the mandatory use of the barangay justice mechanism as a primary step before judicial intervention.
Date and Authentication
- The order was issued in Manila on November 12, 1979.
- It is signed by President Ferdinand E. Marcos and authenticated by Presidential Assistant Juan C. Tuvera.