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DISCUSSION:
Annotating a Movie: A Civil Action
no longer reach the courts and therefore will help in the declogging of court
dockets.
Barangay Mediation
Barangay mediation is done by the Barangay Captain by way of intervening Between TWO or
MORE contending parties in order to prevent or put an end to a dispute.
What is Barangay Conciliation
Barangy conciliation is done by Members of the Pangkat, as the conciliators, by
INTERVENING between TWO OR MORE Contending parties in order to prevent or put an
end to a dispute.
WHO ARE MEMBERS OF THE PANGKAT?
3 MEMBERS shall come from the LUPON and chosen by the Complainant and
Respondent
Barangay Arbitration
Can take place at any stage of the proceedings as long as parties agree in writing to abide
by the arbitration award of the LUPON or the PANGKAT.
Who can act as ARBITRATORS?
LUPON CHAIRPERSON
BARANGAY CAPTAIN
PANGKAT CHAIRPERSON
Steps
Filing of the complaint with the OFFICE OF THE BARANGAY CAPTAIN and payment of
the Filing Fee.
IF parties agree to submit themselves to arbitration process at ANY STAGE of the
mediation/conciliation, the conduct of an ARBITRATION HEARING can take place
immediately
After filling up the agreement, the parties are given FIVE DAYS to withdraw from
such an agreement by filling up a sworn statement stating his/her reasons that
such agreement was obtain through fraud, violence, and intimidation (if such is
the case)
Is there a need to proceed with the case in the Lupon if circumstances are present which justify
withdrawal from the agreement to submit to barangay arbitration?
NO.
Forward the case to court by issuing a CERTIFICATE TO FILE ACTION
IF THERE IS NO REPUDIATION?
Set the case for hearing
Parties to be officially notified of the hearing through a NOTICE OF HEARING
and SUMMONS.
Self-Assertion and Determination and IPRA
Special Features
Rights over the Ancestral Domain.
1. FPIC (Free-Prior and Informed Consent)
2. Benefit Sharing (royalties, etc.)
3. Respect of tribal institutions
System of Leadership
2.
3.
The Counsel of the buyer of the logs was Bai Kamayungan Soledad Canda. She is one of
the Barangay Officials and member of the mediation council. She is also a member of the
organization of the Talaandig mothers for peace and has been involved in the
documentation of the Talaandig tools and instruments for peace and conflict resolution.
As an elder of the community, Bai Kamayungan is familiar with the customs traditions
and history of the tribe.
Two chickens were brought by the buyer of the logs as an offering for the opening of the
customary process of dispute resolution.
The amount of the penalty will be determined according to the degree of the offense.
Datu Migketay further explained that the Talaandig customary law is based on the
authority of the Walu ha Pasagi (Council of Eight) who established the foundation of the
Talaandig customary justice. Grave violation of the Talaandig customary law simply
means that governance and authority of the Walu ha Pasagi was neglected and their
dignity was seriously offended. The honor and dignity of the Talaandig leadership based
on the framework of the Walu ha Pasagi is already equivalent to eight carabaos.
4.
Datu Migketay asked the Counsel of the buyer, the Barangay Official and the owner of he
logs if the decision is accepted. All of them accepted the decision so the following has
been agreed upon for the resolution of the case:
a. The penalty of the buyer of the logs is reduced to one carabao, seven chickens, rice
and coins to be submitted to the tribe on October 10, 2006 for the execution of the
reconciliation ritual during the celebration of the Talaandig annual festival.
b. The Barangay Council will also give their share of the penalty on the scheduled
Talaandig festival.
c. The logs that were cut are totally surrendered to the Talaandig community. Its
disposal shall be decided by the Council of Elders.
d. The ten wheeler truck which is supposedly used for the transport of the logs will be
released by the community.
e. The penalty of the owner of the logs of the penalty shall be deducted from the amount
of the logs which were surrendered.
f. The share of the Counsel of the buyer of the logs on the penalty is settled in exchange
of her effort to promote customary justice and the respect of her dignity as an elder
and leader of the people.
ADR: Definition
Any process or procedure used to resolve a dispute or controversy, other than by adjudication of a
presiding judge of a court or an officer of a government agency, as defined in this Act, in which a
neutral third party participates to assist in the resolution of issues, which includes arbitration,
mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof.
Characteristics
Process is voluntary.
It is not restricted by formal rules of procedure.
It offers opportunity for both transparency & confidentiality.
It has ample room for flexibility & creativity.
It focuses on problem-solving & consensus-building.
Parties have direct participation in the process.
They may seek the assistance of 3rd parties in arriving at mutually satisfactory outcomes.
Parties are willing to be bound by their decisions.
It provides speedy settlement of disputes.
It enables the parties to understand each others issues & concerns.
It allows the parties to address several issues.
It allows the parties to arrive at decisions through collaborative efforts.
It helps the parties to preserve relationships.
Benefits
It is less expensive compared to the costs of litigation & other forms of conflict resolution.
It enables parties to reach settlements speedily.
It enables the parties to know & understand the other parties interests & concerns.
Parties are generally more satisfied with the agreements they themselves crafted.
Parties are able to address more concerns.
Parties have the opportunity to directly participate in the process, with minimum
assistance of a legal counsel.
Relationships of the parties are often preserved.
Negotiation
A non-compulsory process where
Two or more parties
Identify issues of concern together and
Discuss between themselves possible
solutions
And then decide on a mutually acceptable
solution.
Adjudication
Parties persuade neutral
Neutral decides
Adversarial
Win-lose
Retrospective
Litigation
Judge
Decision/Judgment
Procedure by State
Public
Mediation
A non-compulsory process where
The negotiating parties
Select a neutral intervenor who ..
Helps them identify the issues
and facilitates brains-storming of possible
solutions
For the parties to find a mutually
acceptable solution.
Mediation
Parties persuade each other
Neutral helps parties decide
Collaborative
Win-win
Future-oriented
Arbitration
Arbitrator
Arbitral Award
Procedure by Parties
Confidential
Mediation
Mediator
Compromise Agreement
No rigid procedure
Confidential
FORMS:
Ad hoc
Institutional
ADR in the Philippine Judiciary
A.M. No. 11-1-6-SC, 11 January 2011 (previously A.M. No. 01-10-5-SC-PhilJA, A.M.
No. 04-1-12-SC-PHILJA, A.M. No. 08-9-10-SC-PhilJA)
Consolidated & Revised Guidelines to Implement the Expanded Coverage of CourtAnnexed Mediation (CAM) and Judicial Dispute Resolution (JDR)
A.M. No. 11-1-6-SC (2011)
Empowerment of parties
Restoration of civil relations of parties
De-clogging of court dockets
Paradigm shift in dispute resolution
NO. OF
NO. OF PMC
COURTS
UNITS
COVERED
2002
26
2003
26
2004
30
2005
37
2006
40
2007
53
2008
70
2009
97
2010
97
2011
106
2012
107
442
442
601
675
730
931
1105
1380
1380
1496
1540
TOTAL
TOTAL
TOTAL
NUMBER OF NUMBER OF NUMBER OF SUCCESS
CASES
CASES
SUCCESSFUL RATE
REFERRED MEDIATED MEDIATION
4,118
3,559
4,246
3,097
20,277
7,490
25,745
11,717
21,211
13,050
38,816
20,145
62,678
45,684
49,702
31,225
50,558
33,810
49,497
29,720
56,498
32,280
3,000
84.29%
2,410
77.82%
5,899
78.76%
7,626
65.08%
8,159
62.52%
13,633
67.67%
29,148
63.80%
19,406
62.15%
20,304
60.05%
18,029
60.66%
19,266
59.68%
2013
115
TOTAL
115
1623
1623
57,563
32,633
440,909
264,410
20,108
61.62%
166,988
63.15%
YEAR
2004
101
22
22
15
68.18%
2005
101
487
487
205
42.09%
2006
166
1,437
1,171
454
38.77%
2007
195
6,370
3,982
1,660
41.69%
2008
232
8,569
5,447
2,010
36.90%
2009
232
5,727
3,470
1,487
42.85%
2010
377
6,032
3,734
1,320
35.35%
2011
421
8,140
4,653
1,924
41.35%
2012
13
636
9,218
4,378
1,513
34.56%
2013
18
836
9,678
4,699
1,917
40.80%
TOTAL
18
836
55,680
32,043
12,505
39.03%
2005
2006
2007
2008
2009
NO. OF
NO. OF ACM
DIVISIONS
UNITS
COVERED
TOTAL
TOTAL
TOTAL
NUMBER OF NUMBER OF NUMBER OF SUCCESS
CASES
CASES
SUCCESSFUL RATE
REFERRED MEDIATED MEDIATION
17
17
50.00%
17
23
18
38.89%
17
161
82
30
36.59%
20
391
208
70
33.65%
2010
20
748
392
141
35.97%
20
1,106
341
111
32.55%
23
1,238
747
231
30.92%
3
TOTAL 3
23
23
1,400
606
2,396
2011
2012
2013
5,071
213 35.15%
804 33.56%
MEDIATION AREA
NCR
219,379
131,349
Cebu
24,462
Success
Rate
86,000 45,349
65%
13,063
8,411 4,652
64%
12,123
7,159
4,281 2,878
60%
8,018
3,695
2,149 1,546
58%
Misamis Oriental
12,876
7,219
5,218 2,001
72%
Pampanga
17,280
11,323
6,319 5,004
56%
Negros Occidental
11,792
7,832
4,249 3,583
54%
Leyte
9,412
5,519
3,190 2,329
58%
South Cotabato
7,125
5,068
2,735 2,333
54%
Sarangani
448
366
111 255
30%
2004-2013
Total Number Total Number Number of
of Cases
of Cases
Successful
Referred
Mediated
Mediation
Number of
Success
Unsuccessful
Rate
Mediation
NCR
21,359
7,437
11,679
4,242
36%
La Union
1,783
1,258
280
978 22%
Benguet
7,378
3,413
1,139
2,274 33%
Pampanga
7,688
4,799
1,685
3,114 35%
297
246
102
144 41%
Negros Occidental
6,586
4,772
2,902
1,870 61%
Misamis Oriental
8,522
5,513
2,092
3,421 38%
41
26
10
16 38%
2,026
337
53
284 16%
Cavite
Camiguin
Davao
TOTAL
55,680
32,043
12,505
19,538
39%
ACM AREA
2005-2013
Total Number Total Number Number of
of Cases
of Cases
Successful
Referred
Mediated
Mediation
Number of
Success
Unsuccessful
Rate
Mediation
Manila
4,397
2,056
649
1,407
32%
305
141
164
46%
Cebu
115
35
14
21
40%
TOTAL
5,071
2,396
804
1,592
34%
Negotiation
There are NO LAWS concerning when and how to do private negotiation, which is
voluntary.
However, there are SKILLS useful to the art of negotiation (which will not be discussed in
this lecture).
COMPROMISES are often the result of private negotiation (between the parties) or
mediation (involving a neutral third party.
Arts. 151, and Title XIV, Chapter 1, Civil Code of the Philippines
Persons and Family Relations
o Art. 151. No suit between members of the same family shall prosper unless it
should appear from the verified complaint of petition that earnest efforts toward a
compromise have been made, but that the same have failed. If it is shown that no
such efforts were in fact made, the case must be dismissed.
o This rule shall not apply to cases which may not be the subject of compromise
under the Civil Code. (222a)
***NOTE: see Art. 2035, Civil Code
Civil Code
o Art. 2028. A compromise is a contract whereby the parties, by making reciprocal
concessions, avoid a litigation or put an end to one already commenced. (1809a)
o Art. 2030. Every civil action or proceeding shall be suspended:
If willingness to discuss a possible compromise is expressed by one or
both parties (NOTE: during the pendency of the action); or
If it appears that one of the parties , before the commencement of the
action or proceeding, offered to discuss a possible compromise but the
other party refused the offer.
x xx . (n)
(NOTE: Now we have mandatory CAM and JDR.
o Art. 2034. There may be a compromise upon the civil liability arising from an
offense; but such compromise shall not extinguish the public action for the
imposition of the legal penalty. (1813)
o Art. 2035. No compromise upon the following questions shall be valid:
1. The civil status of persons;
2. The validity of a marriage or a legal separation;
3. Any ground for legal separation
4. Future support;
5. The jurisdiction of courts;
6. Future legitime. (1814a)
o Art. 2038. A compromise in which there is mistake, fraud, violence, intimidation,
undue influence, or falsity of documents, is subject to the provisions of Article
1330 of this Code.
(NOTE: Art. 1330, effect = voidable contract)
However, one of the parties cannot set up a mistake of fact as against the
other if the latter, by virtue of the compromise, has withdrawn from a litigation
already commenced. (1817a)
o Art. 2041. If one of the parties fails or refuses to abide by the compromise, the
other party may either enforce the compromise or regard it as rescinded and insist
upon his original demand. (n)
Domestic Arbitration
- An arbitration that is NOT international
Examples:
Dispute is between parties who have their places of business in the Philippines; AND
No stipulation in their arbitration agreement that the subject matter of the arbitration
agreement relates to another country
Governing Laws:
Ways to Arbitrate:
Submission by two or more parties to one or more arbitrators
Stipulation in contract
Cases
Form:
In writing
Subscribed by the parties concerned
Demand:
Single Arbitrator specific time that
parties agree upon
Three Arbitrators
Appointment of Arbitrators:
As provided in the method agreed on
If no method, the CFI (RTC) designates
the arbitrator/s
CFI (RTC) designates arbitrators when:
Qualifications of Arbitrators:
legal age
full enjoyment of civil rights
able to read and write
not related by blood or marriage within the 6th degree to either party
no financial, fiduciary or other interest in the controversy
not a champion or advocate of any party
Hearing by Arbitrators:
statement of facts
issues
evidence
Means to an End
Encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an
important means to achieve speedy and impartial justice and declog court dockets.
Provide means for the use of ADR as an efficient tool and an alternative procedure for the
resolution of appropriate cases.
Enlist active private sector participation in the settlement of disputes through ADR.
Mediator
QUALIFICATIONS
This Act does not require that a mediator shall have special qualifications by background or
profession unless the special qualifications of a mediator are required in the mediation
agreement or by the mediation parties.
OBLIGATIONS
A mediator may not make a report, assessment, evaluation, recommendation, finding, or other
communication regarding a mediation to a court or agency or other authority that make a ruling
on a dispute that is the subject of a mediation,
except:
(a) where the mediation occurred or has terminated, or where a settlement was reached; and
(b) (b) when there is a need for disclosure due to conflict of interest.
Testimonial Disqualification
A mediator may not be compelled to provide evidence of a mediation communication or testify in
such proceeding.
Operative Principles
(1) There must be a reasonable inquiry, tending to show such facts that a reasonable individual
would consider likely to affect the impartiality of the mediator.
(2) Disclosure to the mediation parties any such fact known or learned as soon as is practical
before accepting a mediation.
(3) At the request of a mediation party, an individual who is requested to serve as mediator shall
disclose his/her qualifications to mediate a dispute.
Venue
The parties are free to agree on the place of mediation. Failing such agreement, the place of
mediation shall be any place convenient and appropriate to all parties.
Participation
Except as otherwise provided in this Act, a party may designate a lawyer or any other
person to provide assistance in the mediation.
A lawyer of this right shall be made in writing by the party waiving it.
A waiver of participation or legal representation may be rescinded at any time.
Effect of Agreement to Submit Dispute to Mediation
An agreement to submit a dispute to mediation by any institution shall include an agreement to
be bound by the internal mediation and administrative policies of such institution. Further, an
agreement to submit a dispute to mediation under international mediation rule shall be deemed
to include an agreement to have such rules govern the mediation of the dispute and for the
mediator, the parties, their respective counsel, and nonparty participants to abide by such rules.
In case of conflict between the institutional mediation rules and the provisions of this Act, the
latter shall prevail.
Enforcement of Mediated Settlement Agreement
(a) A settlement agreement following successful mediation shall be prepared by the parties with
the assistance of their respective counsel, if any, and by the mediator.
The parties and their respective counsels shall endeavor to make the terms and condition thereof
complete and make adequate provisions for the contingency of breach to avoid conflicting
interpretations of the agreement.
(b) The parties and their respective counsels, if any, shall sign the settlement agreement. The
mediator shall certify that he/she explained the contents of the settlement agreement to the
parties in a language known to them.
(c) If the parties so desire, they may deposit such settlement agreement with the appropriate
Clerk of a Regional Trial Court of the place where one of the parties resides. Where there is a
need to enforce the settlement agreement, a petition may be filed by any of the parties with the
same court, in which case, the court shall proceed summarily to hear the petition, in accordance
with such rules of procedure as may be promulgated by the Supreme Court.
(d) The parties may agree in the settlement agreement that the mediator shall become a sole
arbitrator for the dispute and shall treat the settlement agreement as an arbitral award which
shall be subject to enforcement under Republic Act No. 876, otherwise known as the Arbitration
Law, notwithstanding the provisions of Executive Order No. 1008 for mediated dispute outside of
the CIAC.
Other ADR Forms
Referral of Dispute to other ADR Forms
The parties may agree to refer one or more or all issues arising in a dispute or during its
pendency to other forms of ADR such as but not limited to (a) the evaluation of a third person or
(b) a mini-trial; (c) mediation-arbitration, or a combination thereof.
Early Neutral Evaluation
An ADR process wherein parties and their lawyers are brought together early in a pre-trial phase
to present summaries of their cases and receive a nonbinding assessment by an experienced,
neutral person, with expertise in the subject in the substance of the dispute.
Mini Trial
A structured dispute resolution method in which the merits of a case are argued before a panel
comprising senior decision makers with or without the presence of a neutral third person after
which the parties seek a negotiated settlement.
Mediation-Arbitration
A step dispute resolution process involving both mediation and arbitration.
Selected Laws on ADR
Special Rules of Court on Alternative Dispute Resolution
Applicability
Relief on the issue of Existence, Validity, or Enforceability of the Arbitration Agreement
Referral to ADR
(Rule 1.1)
Interim Measures of Protection
(Rule 1.1)
Appointment of Arbitrator
Challenge to Appointment of Arbitrator
Termination of Mandate of Arbitrator
(Rule 1.1)
Assistance in Taking Evidence
(Rule 1.1)
Confirmation, Correction or Vacation of Award in Domestic Arbitration
Motion for extension, except in cases where an ex-parte temporary order of protection has
been issued
Rejoinder to reply
Motion to declare a party in default
Any other pleading specifically disallowed under any provision of the Special ADR Rules
(Rule 1.6)
Shall not be allowed and shall not be accepted for filing by the Clerk of Court
(Rule 1.6)
Court shall motu proprio order a dilatory pleading/motion to be expunged from the records
(Rule 1.6)
Court shall motu proprio order a dilatory pleading/motion to be expunged from the records
(Rule 1.6)
Summary Proceedings
(Rule 1.3)
Appointment of Arbitrator
Challenge to Appointment of Arbitrator
Termination of Mandate of Arbitrator
(Rule 1.3)
Assistance in Taking Evidence
Confidentiality/Protective Orders
Deposit and Enforcement of Mediated Settlement Agreements
(Rule 1.3)
Before filing petition, petitioner shall serve copy of petition upon respondent
Service of copy by personal service or courier
Proof of service to be attached to petition when filed
(Rule 1.3[A])
If petition sufficient in form and substance, court sends notice
(Rule 1.3[B])
notice of hearing
notice of filing opposition or comment
hearing date not later than 5 days from lapse of period to file opposition/comment
opposition/comment to be filed within 15 days from notice
(Rule 1.3[B])
After filing initiatory pleading, court to cause service by personal service or courier
Where action is already pending, pleadings, motions and other papers shall be filed
and/or served by personal service or courier
(Rule 1.8)
Registered mail allowed only where courier service not available
(Rule 1.8)
A court acquires authority to act on a petition or motion upon proof that the respondent
was furnished a copy of the petition and the notice of hearing.
Technical rules on service of summons do not apply.
(Rule 1.9)
To respect party autonomy or the freedom of the parties to make their own arrangements
in the resolution of disputes
with the greatest cooperation of and the least intervention from the courts.
(Rule 2.1)
To encourage and promote the use of ADR, particularly arbitration and mediation, as an
important means to achieve speedy and efficient resolution of disputes, impartial justice,
curb a litigious culture and to de-clog court dockets.
(Rule 2.1)
Courts shall intervene only in the cases allowed by law or these Special ADR Rules
(Rule 2.1)
Specific Policy Statement on Arbitration
Where the parties have agreed to submit their dispute to arbitration, courts shall refer the
parties to arbitration pursuant to Republic Act No. 9285 bearing in mind that such
arbitration agreement is the law between the parties and that they are expected to abide
by it in good faith.
(Rule 2.2)
Courts shall not refuse to refer parties to arbitration for reasons including, but not limited
to, the following:
o The referral tends to oust a court of its jurisdiction
o The court is in a better position to resolve the dispute subject of arbitration
o The referral would result in multiplicity of suits
o The arbitration proceeding has not commenced
(Rule 2.2[A])
Courts shall not refuse to refer parties to arbitration for reasons including, but not limited
to, the following:
o The place of arbitration is in a foreign country
o One or more of the issues are legal and one or more of the arbitrators are not
lawyers
o One or more of the arbitrators are not Philippine nationals
o One or more of the arbitrators are alleged not to possess the required qualification
under the arbitration agreement or law
(Rule 2.2[A])
Where court intervention is allowed, courts shall not refuse to grant relief for any of the
following reasons:
that prior to the constitution of the arbitral tribunal, the court finds that the principal
action is the subject of an arbitration agreement
(Rule 2.2[B])
Where court intervention is allowed, courts shall not refuse to grant relief for any of the
following reasons:
that the principal action is already pending before an arbitral tribunal.
(Rule 2.2[B])
Recognition of Competence-Competence Principle
The arbitral tribunal shall be accorded the first opportunity or competence to rule on the
issue of whether or not it has the competence or jurisdiction to decide a dispute
submitted to it for decision, including any objection with respect to the existence or
validity of the arbitration agreement.
(Rule 2.4)
The court must exercise judicial restraint and defer to the competence or jurisdiction of
the arbitral tribunal by allowing the arbitral tribunal the first opportunity to rule upon
such issues, whether before or after the arbitral tribunal is constituted.
(Rule 2.4)
Where the court is asked to make a determination of whether the arbitration agreement is
null and void, inoperative or incapable of being performed, under this policy of judicial
restraint, the court must make no more than a prima facie determination of that issue.
Unless the court, pursuant to such prima facie determination, concludes that the
arbitration agreement is null and void, inoperative or incapable of being performed, the
court must suspend the action before it and refer the parties to arbitration.
(Rule 2.4)
Recognition of the Principle of Separability
Arbitration clause shall be treated as an agreement independent of the other terms of the
contract of which it forms part.
A decision that the contract is null and void shall not entail ipso jure the invalidity of the
arbitration clause.
(Rule 2.2)
Policy on Mediation
The Special ADR Rules do not apply to Court-Annexed Mediation, which shall be
governed by issuances of the Supreme Court
(Rule 2.5)
Where the parties have agreed to submit their dispute to mediation, a court before which
that dispute was brought shall suspend the proceedings and direct the parties to submit
their dispute to private mediation.
If the parties subsequently agree, however, they may opt to have their dispute settled
through Court-Annexed Mediation.
(Rule 2.5)
Policy on Arb-Med or Med-Arb
Where the parties to mediation have agreed in the written settlement agreement that the
mediator shall become the sole arbitrator for the dispute or that the settlement agreement
shall become an arbitral award, the sole arbitrator shall issue the settlement agreement
as an arbitral award, which shall be subject to enforcement under the law.
(Rule 2.7)
Judicial Relief Before Commencement of Arbitration
Any party to an arbitration agreement may petition the court to determine any question
concerning the existence, validity and enforceability of such arbitration agreement
(Rule 3.2)
Contents of Petition:
1. legal capacity to sue or be sued
2. nature and substance of dispute
3. grounds/circumstances relied upon
4. relief sought
Attach authentic copy of arbitration agreement
(Rule 3.6)
Despite the pendency of the petition, arbitral proceedings may nevertheless be
commenced and continue to the rendition of an award, while the issue is pending before
the court.
(Rule 3.3)
A prima facie determination by the court upholding the existence, validity or
enforceability of an arbitration agreement shall not be subject to a motion for
reconsideration, appeal or certiorari
(Rule 3.11)
Such prima facie determination will not, however, prejudice the right of any party to raise
the issue of the existence, validity and enforceability of the arbitration agreement before
the arbitral tribunal or the court in an action to vacate or set aside the arbitral award
(Rule 3.11)
Judicial Relief After Arbitration Commences
Any party to arbitration may petition the appropriate court for judicial relief from the
ruling of the arbitral tribunal on a preliminary question upholding or declining its
jurisdiction
(Rule 3.12)
Should the ruling of the arbitral tribunal declining its jurisdiction be reversed by the
court, the parties shall be free to replace the arbitrators or any one of them in accordance
with the rules that were applicable for the appointment of arbitrator sought to be replaced
(Rule 3.12)
No injunction of arbitration proceedings
The court shall not enjoin the arbitration proceedings during the pendency of the petition
(Rule 3.18[B])
Judicial recourse to the court shall not prevent the arbitral tribunal from continuing the
proceedings and rendering its award
(Rule 3.18[B])
Relief against court action
The aggrieved party may file a motion for reconsideration of the order of the court. The
decision of the court shall, however, not be subject to appeal.
(Rule 3.19)
Relief against court action
The ruling of the court affirming the arbitral tribunals jurisdiction shall not be subject to
a petition for certiorari
(Rule 3.19)
Relief against court action
The ruling of the court that the arbitral tribunal has no jurisdiction may be the subject of
a petition for certiorari
(Rule 3.19)
Deferment of Ruling on Jurisdiction
Where the arbitral tribunal defers its ruling on preliminary question regarding its
jurisdiction until its final award, the aggrieved party cannot seek judicial relief to
question the deferral and must await the final arbitral award before seeking appropriate
judicial recourse
(Rule 3.20)
Deferment of Ruling on Jurisdiction
A ruling by the arbitral tribunal deferring resolution on the issue of its jurisdiction until
final award, shall not be subject to a motion for reconsideration, appeal or a petition for
certiorari
(Rule 3.20)
Deferment of Ruling on Jurisdiction
If the arbitral tribunal renders a final arbitral award and the Court has not rendered a
decision on the petition from the arbitral tribunals preliminary ruling affirming its
jurisdiction, that petition shall become ipso facto moot and academic and shall be
dismissed
(Rule 3.21)
Deferment of Ruling on Jurisdiction
The dismissal shall be without prejudice to the right of the aggrieved party to raise the
same issue in a timely petition to vacate or set aside the award
(Rule 3.21)
Referral to ADR
5. The stay of the action would prejudice the rights of the parties to the civil action who
are not bound by the arbitration agreement
(Rule 4.7)
The court may issue an order directing the inclusion in arbitration of those parties who
are not bound by the arbitration agreement but who agree to such inclusion provided
those originally bound by it do not object to their inclusion.
(Rule 4.7)
Interim Measures of Protection
may be made
1. before arbitration is commenced
(Rule 5.2)
2. after arbitration is commenced, but before the constitution of the arbitral tribunal
(Rule 5.2)
3. after the constitution of the arbitral tribunal and at any time during arbitral
proceedings but, at this stage, only to the extent that the arbitral tribunal has no power to
act or is unable to act effectively
(Rule 5.2)
Type of interim measure of protection that a court may grant
1. preliminary injunction directed against a party to arbitration
2. preliminary attachment against property or garnishment of funds in the custody of a
bank or a third person
3. appointment of a receiver
4. detention, preservation, delivery or inspection of property
5. assistance in the enforcement of an interim measure of protection granted by the
arbitral tribunal, which the latter cannot enforce effectively
(Rule 5.6)
The court shall resolve the matter within thirty (30) days from (a) submission of the
opposition, or (b) upon lapse of the period to file the same, or (c) from termination of the
hearing that the court may set only if there is a need for clarification or further argument.
(Rule 5.9)
In cases where, based solely on the petition, the court finds that there is an urgent need
to either (a) preserve property, (b) prevent the respondent from disposing of, or
concealing, the property, or (c) prevent the relief prayed for from becoming illusory
because of prior notice, it shall issue an immediately executory temporary order of
protection. The ex-parte temporary order of protection shall be valid only for a period of
twenty (20) days from the service on the party required to comply with the order.
(Rule 5.9)
The order granting or denying any application for interim measure of protection in aid of
arbitration must indicate that it is issued without prejudice to subsequent grant,
modification, amendment, revision or revocation by an arbitral tribunal.
(Rule 5.9)
Conflict or inconsistency between court and arbitral tribunal
Any question involving a conflict or inconsistency between an interim measure of
protection issued by the court and by the arbitral tribunal shall be immediately referred
by the court to the arbitral tribunal which shall have the authority to decide such
question.
(Rule 5.14)
Confirmation of Domestic Arbitral Award
At any time after the lapse of thirty (30) days from receipt by the petitioner of the arbitral
award, he may petition the court to confirm that award.
(Rule 11.2)
Not later than thirty (30) days from receipt of the arbitral award, a party may petition the
court to vacate that award.
(Rule 11.2)
Confirming/Vacating Domestic Arbitral Award
A petition to vacate the arbitral award may be filed, in opposition to a petition to confirm
the arbitral award, not later than thirty (30) days from receipt of the award by the
petitioner. A petition to vacate the arbitral award filed beyond the reglementary period
shall be dismissed.
(Rule 11.2)
A petition to confirm the arbitral award may be filed, in opposition to a petition to vacate
the arbitral award, at any time after the petition to vacate such arbitral award is filed. The
dismissal of the petition to vacate the arbitral award for having been filed beyond the
reglementary period shall not result in the dismissal of the petition for the confirmation of
such arbitral award.
(Rule 11.2)
The filing of a petition to confirm an arbitral award shall not authorize the filing of a
belated petition to vacate or set aside such award in opposition thereto.
(Rule 11.2)
Grounds for Vacating Domestic Arbitral Award
1. The arbitral award was procured through corruption, fraud or other undue means
(Rule 11.4)
2. There was evident partiality or corruption in the arbitral tribunal or any of its members
(Rule 11.4)
3. The arbitral tribunal was guilty of misconduct or any form of misbehavior that has
materially prejudiced the rights of any party such as refusing to postpone a hearing upon
sufficient cause shown or to hear evidence pertinent and material to the controversy
(Rule 11.4)
4. One or more of the arbitrators was disqualified to act as such under the law and
willfully refrained from disclosing such disqualification
(Rule 11.4)
5.
The arbitral tribunal exceeded its powers, or so imperfectly executed them, such
that a complete, final and definite award upon the subject matter submitted to them was
not made
(Rule 11.4)
6. The arbitration agreement did not exist, or is invalid for any ground for the revocation
of a contract or is otherwise unenforceable
(Rule 11.4)
7. A party to arbitration is a minor or a person judicially declared to be incompetent
(Rule 11.4)
When to file?
o The petition for enforcement and recognition of an arbitral award may be filed
anytime from receipt of the award.
(Rule 12.2)
If a timely petition to set aside an arbitral award is filed, the opposing party must file
therein and in opposition thereto the petition for recognition and enforcement of the
same award within the period for filing an opposition.
(Rule 12.2)
It is presumed that an arbitral award was made and released in due course and is subject
to enforcement by the court, unless the adverse party is able to establish a ground for
setting aside or not enforcing an arbitral award.
(Rule 12.12)
Recourse to a court against an arbitral award shall be made only through a petition to set
aside the arbitral award and on grounds prescribed by the law that governs international
commercial arbitration. Any other recourse from the arbitral award, such as by appeal or
petition for review or petition for certiorari or otherwise, shall be dismissed by the court.
(Rule 12.5)
When to file?
The petition to set aside an arbitral award may only be filed within three (3) months from
the time the petitioner receives a copy thereof.
(Rule 12.2)
A petition to set aside can no longer be filed after the lapse of the three (3) month
period. The dismissal of a petition to set aside an arbitral award for being time-barred
shall not automatically result in the approval of the petition filed therein and in
opposition thereto for recognition and enforcement of the same award. Failure to file a
petition to set aside shall preclude a party from raising grounds to resist enforcement of
the award.
(Rule 12.2)
1. A party to the arbitration agreement was under some incapacity, or the agreement is
not valid under the law to which the parties have subjected it or, failing any indication
thereof, under Philippine law
(Rule 12.4)
2. The party making the application to set aside or resist enforcement was not given
proper notice of the appointment of an arbitrator or of the arbitral proceedings or was
otherwise unable to present his case
(Rule 12.4)
3. The award deals with a dispute not contemplated by or not falling within the terms of
the submission to arbitration, or contains decisions on matters beyond the scope of the
submission to arbitration
(Rule 12.4)
provided that, if the decisions on matters submitted to arbitration can be separated
from those not so submitted, only that part of the award which contains decisions on
matters not submitted to arbitration may be set aside or only that part of the award which
contains decisions on matters submitted to arbitration may be enforced
(Rule 12.4)
4. The composition of the arbitral tribunal or the arbitral procedure was not in accordance
with the agreement of the parties, unless such agreement was in conflict with a provision
of Philippine law from which the parties cannot derogate, or, failing such agreement, was
not in accordance with Philippine law
(Rule 12.4)
5. The subject-matter of the dispute is not capable of settlement by arbitration under the
law of the Philippines
(Rule 12.4)
6. The recognition or enforcement of the award would be contrary to public policy
(Rule 12.4)
In deciding the petition to set aside, the Court shall disregard any other ground to set
aside or enforce the arbitral award other than those enumerated above
(Rule 12.4)