Chapter 8 – Special Rules of Courts on ADR
Alternative Dispute Resolution
Atty. David Ballesteros
T/F 530p-830p
TOPICS
• General Provisions
• Subject Matter and Coverage
• Special Proceedings
• Summary Proceedings
• Non-summary Proceedings
• Jurisdiction and Venue
• Fundamental Principles Adopted by
Special ADR Rules
SOURCE
X x X x Article VIII, Section 5(5): The Supreme
Court shall have the following powers: Promulgate
rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice
of law, the integrated bar, and legal assistance to the
under-privileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts of
the same grade, and shall not diminish, increase, or
modify substantive rights. X x X x
→ The Special ADR Rules was passed and approved on
September 1, 2009 and took effect after the completion of
its publication as required under Rule 26.1 thereof.
GENERAL PROVISIONS
SUBJECT MATTER AND COVERAGE
→ Rule 1.1. The Special Rules of Court on Alternative Dispute
Resolution (the "Special ADR Rules") shall apply to and
govern the following cases:
1. Relief on the issue of Existence, Validity, or
Enforceability of the Arbitration Agreement;
2. Referral to Alternative Dispute Resolution ("ADR");
3. Interim Measures of Protection;
4. Appointment of Arbitrator;
5. Challenge to Appointment of Arbitrator;
6. Termination of Mandate of Arbitrator;
7. Assistance in Taking Evidence;
8. Confirmation, Correction or Vacation of Award in
Domestic Arbitration;
9. Recognition and Enforcement or Setting Aside of
an Award in International Commercial Arbitration;
10. Recognition and Enforcement of a Foreign Arbitral
Award;
11. Confidentiality/Protective Orders; and
12. Deposit and Enforcement of Mediated Settlement
Agreements.
TABACO BERNALES BOCALAN BORJA
SOURCE:
ADR, ATTY. GABRIEL
ROBENIOL
The foregoing proceedings under the Special
ADR Rules are summary in nature, except
1. Those that pertain to the confirmation or
recognition and enforcement of arbitral
awards, whether domestic, international
commercial, or foreign, which are non-
summary proceedings
2. The deposit of mediated settlement
agreements which is not a judicial
proceeding
the
→ The foregoing specific reliefs are applicable only to
domestic arbitration and Philippine ICA, except referral to
ADR, assistance in taking evidence and recognition of the
arbitral award which are applicable also to foreign
arbitration, including foreign ICA.
SPECIAL PROCEEDINGS
Rule 1.2. All proceedings under the Special ADR Rules are
special proceedings.
• Except for the deposit of mediated settlement agreements. As
such, jurisdiction over the persons of the parties is acquired by
the court, not through the service of summons, but upon proof
of compliance with the jurisdictional requirements.
• The petitioner is required to serve copies of the petition upon
the respondent before it is filed in court. Service of the petition
shall be made through personal service or by courier proof of
which shall be attached to the petition.
SUMMARY PROCEEDINGS
• The proceedings under the Special ADR Rules are generally
summary and therefore are conducted by way of submission
of verified pleadings, affidavits, and supporting documents,
except for the proceedings involving the confirmation,
recognition and enforcement of arbitral awards which are
generally non-summary, and the deposit of mediated
settlement agreements which is not a judicial proceeding.
• As a consequence of the summary proceedings, the ff
pleadings and motions or petitions are not allowed and shall
not be accepted for filing, and if inadvertently accepted, should
not be considered by the court:
o Motion to dismiss
o Motion for bill of particulars
o Motion for new trial or for reopening of trial
o Petition for relief from judgment
o Motion for extension, except in cases where
an ex parte temporary restraining order of
protection has been issued
o Rejoinder to reply
o Motion to declare a party in default
o Any other pleading specifically disallowed
under ant provision of the Special ADR Rules
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 Chapter 8- Special Rules of Court on ADR ADR

• If inadvertently accepted for filing, any of the foregoing motions ii. The court is in a better position to
or pleadings may be expunged from the records of the case. resolve the dispute subject of
arbitration;
NON-SUMMARY PROCEEDINGS iii. The referral would result in
multiplicity of suits;
iv. The arbitration proceeding has not
1. Confirmation, correction or vacation of commenced;
award in domestic arbitration; v. The place of arbitration is in a foreign
2. Recognition and enforcement of an award country;
in an international commercial arbitration; vi. One or more of the issues are legal
3. Recognition and enforcement of a foreign and one or more of the arbitrators
arbitral award. are not lawyers;
vii. One or more of the arbitrators are
• The technical rules on the service of summons ordinarily not Philippine nationals; or
applicable to regular court proceedings are not applicable viii. One or more of the arbitrators are
under the Special ADR Rules. Instead, the Special ADR Rules alleged not to possess the required
require, for non-summary proceedings, that the initiatory qualification under the arbitration
pleading be filed directly with the court which will then serve a agreement or law.
copy thereof to the respondent by personal service or courier.
If the court action is already pending, the initiatory pleading or 3. Doctrine of separability/severability – The arbitration
motion shall be served by personal service or courier upon the clause shall be treated as an agreement independent
respondent before it is filed in court. In the event that courier of the contract of which it forms part, and a decision
service is not available, resort may be had to service by that the contract is null and void shall not entail ipso
registered mail. jure the invalidity of the arbitration clause.

• The Special ADR Rules is one of the rules where filing and
service of pleadings by electronic means may be allowed by
agreement of the parties. Proof of filing and service thereof
shall be made in accordance with the Rules in Electronic
Evidence.
4. Freedom to agree on the procedure to be followed in
the conduct of arbitral proceedings – only in the
absence of such agreement may the arbitral tribunal
conduct arbitration in the manner it considers
appropriate.

JURISDICTION AND VENUE 5. The competence-competence principle – The arbitral

tribunal should be accorded the first opportunity or
competence to rule on the issue of whether or not it has
→ Jurisdiction over any of the proceedings covered by the
the competence or jurisdiction to decide a dispute
Special ADR Rules is lodged by law with the Regional Trial
submitted to it for decision.
Courts. Generally, the venue is either,
1. The place where any of the parties resides or has his
6. No arbitrator shall acts a mediator in any proceeding in
place of business
which he is acting as arbitrator (conversely) – However,
2. The place where the asset or act involved is located
where the parties to mediation have agreed in the
3. The National Capital Judicial Region, at the option of
written settlement agreement that the mediator shall
the petitioner.
become the sole arbitrator for the dispute or that the
mediator-arbitrator shall issue the settlement
agreement as an arbitral award, which shall be subject
to enforcement under the law.
FUNDAMENTAL PRINCIPLES

→ The Special ADR Rules took into account the ff fundamental

policies, principles and objectives:

1. Self-determination, party autonomy, and promotion of

ADR as a means of resolving disputes – achieving a
speedy and efficient resolution disputes, impartial
justice, curbing a litigious culture and declogging court
dockets.

2. Preference for arbitration

a. 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. Further, the courts shall not refuse to
refer parties to arbitration for reasons
including, but not limited to, the following:
i. The referral tends to oust a court of
its jurisdiction;
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TABACO BERNALES BOCALAN BORJA