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San Beda College of Law

Special Laws

a. All cases in which the constitutionality Ratio: Public interest and the speedy
or validity of any treaty, international administration of justice will be best served if
or executive agreement, law, the judge who heard the evidence (although
presidential decree, proclamation, he may have been permanently transferred to
order, instruction, ordinance, or another province or station) renders the
regulation is in question; decision rather than leave a mountain of
b. All cases involving the legality of any evidence and transcripts for the perusal and
tax, impost, assessment, or toll, or any appreciation of a new judge totally unfamiliar
penalty imposed in relation thereto; with the case, having no opportunity of hearing
c. All cases in which the jurisdiction of the witnesses and observing their deportment
any lower court is in issue; for purposes of gauging their credibility and
d. All other cases in which only errors or appraising their testimony.
question of law are involved; Provided,
however, that if, in addition to ALTERNATIVE DISPUTE RESOLUTION
constitutional, tax or jurisdictional ACT OF 2004 (Republic Act No. 9285)
questions, the cases mentioned in the
next preceding paragraphs also Through R.A. 9285, the state declared its
involve questions of fact or mixed
policy to actively promote party autonomy in
questions of fact and law, the the resolution of disputes or the freedom of the
aggrieved party shall appeal to the parties to make their own arrangements to
Court of Appeals; and the final resolve their disputes.
judgment or decision of the latter may
be reviewed, revised, reversed, Towards this end, the State encourages the
modified, or affirmed by the Supreme use of Alternative Dispute Resolution (ADR)
Court on writ of certiorari (Section 17, as an important means to achieve speedy and
Judiciary Act of 1948 as amended by impartial justice and declog court dockets.
R.A. Nos. 2618 and 5440). (Section 2)
SECTION 51. DETAIL OF JUDGE TO ALTERNATIVE DISPUTE RESOLUTION
ANOTHER DISTRICT OR PROVINCE (ADR) SYSTEM
xxx whenever a judge appointed or assigned ADR is any process or procedure used to
in any province or branch of a court in a resolve a dispute or controversy, other than by
province shall leave the province by adjudication of a presiding judge of a court or
TRANSFER OR ASSIGNMENT to another an officer of a government agency, in which a
court of equal jurisdiction without having neutral third party participates to assist in the
decided a case TOTALLY heard by him and resolution of issues, which includes
which was duly argued or opportunity given for Arbitration, Mediation, Conciliation, Early
argument to the parties or their counsel, it neutral evaluation, Mini-trial, or any
shall be lawful for him to prepare and sign his Combination thereof (Section 3(a)).
decision in said case anywhere within the (CAMMEC)
Philippines and send the same by registered
mail to the clerk of the Court to be filed in the
R.A. 9285 shall not be interpreted to
court as of the date when the same was
repeal, amend or modify the jurisdiction of
received by the clerk, in the same manner as if
the Katarungang Barangay.
the judge had been present in the court to
direct the filing of the judgment: PROVIDED,
HOWEVER, that if a case has been heard only Non-Applicability of R.A. 9285
The provisions of R.A. 9285 shall not apply to
in part, the Supreme Court, upon petition of
any of the parties to the case and the resolution or settlement of the following
recommendation of the respective district (Section 6):
judge, may also authorized the judge who has 1. LABOR DISPUTES covered by the Labor
PARTLY heard the case to continue hearing Code as amended and its Implementing
and to decide said case notwithstanding Rules and Regulations;
his transfer or appointment to another
court of equal jurisdiction. It includes any controversy or matter
concerning terms or conditions of
Note: TRANSFER OR ASSIGNMENT employment or the association or
includes TEMPORARY OR PERMANENT. representation of persons in negotiating,
fixing, maintaining, changing or arranging
the terms and conditions of employment,

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regardless of whether the disputants stand Court-Annexed Mediation


in the proximate relation of employer and Any mediation process conducted UNDER
employee. THE AUSPICES OF THE COURT, after such
court has acquired jurisdiction of the dispute
2. The CIVIL STATUS of persons; (Section 3 (l)).
3. The VALIDITY OF MARRIAGE;
4. Any ground for LEGAL SEPARATION; Court-Referred Mediation
5. The JURISDICTION OF COURTS; A mediation ordered by a court to be
6. FUTURE LEGITIME; conducted in accordance with the Agreement
7. CRIMINAL LIABILITY; of the Parties when an action is prematurely
8. Those of which BY LAW CANNOT BE commenced in violation of such agreement
COMPROMISED (example: future (Section 3 (m)).
support).
Scope: Mediation covers voluntary
Forms of ADR under R.A. 9285 mediation, whether ad hoc or institutional,
1. Mediation; other than court-annexed. In R.A. 9825, the
2. Arbitration; terms mediation includes conciliation
3. Referral of Dispute to other ADR forms (Section 7).
such as but not limited to:
a. The evaluation of a third person; Conciliation refers to the adjustment and
EARLY NEUTRAL EVALUATION - an settlement of dispute in a friendly and
ADR process wherein parties and their unantagonistic manner. It is used in courts
lawyers are brought together early in a before trial with a view towards avoiding trial
th
pre-trial phase to present summaries (Blacks Law Dictionary 6 edition).
of their cases and receive a Information obtained through mediation
nonbinding assessment by an proceedings shall be subject to the following
experienced, neutral person, with PRINCIPLES AND GUIDELINES:
expertise in the subject in the 1. Information obtained through mediation
substance of the dispute. shall be privileged and confidential;
2. A party, a mediator, or a nonparty
b. MINI-TRIAL - A structured dispute participant may refuse to disclose and may
resolution method in which the merits prevent any other person from disclosing a
of the case are argued before a panel mediation communication;
comprising of senior decision makers 3. Confidential Information shall not be
with or without the presence of a subject to discovery and shall be
neutral third person after which the inadmissible in any adversarial
parties seek a negotiated settlement; proceeding, whether judicial or quasi-
judicial. However, evidence or information
c. MEDIATION-ARBITRATION - A two that is otherwise admissible or subject to
step dispute resolution process discovery does not become inadmissible
involving both mediation and or protected from discovery solely by
arbitration; reason of its use in mediation;
d. A combination thereof. 4. In such adversarial proceeding, the
following persons involved or previously
Confidentiality of Information involved in a mediation may not be
Any information obtained through mediation compelled to disclose confidential
and arbitration proceedings shall be information obtained during the mediation:
PRIVILEGED AND CONFIDENTIAL unless a. The parties to the dispute;
the same is waived or expressly excepted by b. The mediator or mediators;
R.A. 9225 from such privilege. c. The counsel for the parties;
d. The non-party participants;
Mediation e. Any persons hired or engaged in
A voluntary process in which a mediator, connection with the mediation as
selected by the disputing parties, facilitates secretary, stenographer, clerk or
communication and negotiation, and assists assistant;
the parties in reaching a voluntary agreement f. Any other person who obtains or
regarding a dispute (Section 3 (q)). possesses confidential information by
reason of his/her profession.

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Special Laws

5. The protection of R.A. 9285 shall continue mediation by a court or a public


to apply even if a mediator is found to agency participates in the child
have failed to act impartially; and protection mediation;
6. A mediator may not be called to testify to Sought or offered to prove or disprove
provide information gathered in mediation a claim or complaint of professional
(Section 9). misconduct or malpractice filed
against mediator in a proceeding;
Waiver of Confidentiality (Section 10). Sought or offered to prove or disprove
A privilege arising from the confidentiality of a claim or complaint of professional
information may be waived IN A RECORD OR misconduct or malpractice filed
ORALLY during a proceeding by the mediator against a party, non-party participant,
and the mediation parties. or representative of a party based on
conduct occurring during a mediation.
A privilege arising from the confidentiality of
information may likewise be WAIVED BY A b. There is no privilege under Section 9, if a
NON-PARTY PARTICIPANT if the information court or administrative agency, finds,
is provided by such non-party participant. AFTER A HEARING IN CAMERA, that the
party seeking discovery of the proponent
A person who discloses confidential of the evidence has shown that the
information SHALL BE PRECLUDED from evidence is not otherwise available, that
asserting the privilege under Section 9 of R.A. there is A NEED FOR THE EVIDENCE
9285 to bar disclosure of the rest of the THAT SUBSTANTIALLY OUTWEIGHS
information necessary to a complete THE INTEREST IN PROTECTING
understanding of the previously disclosed CONFIDENTIALITY, and the mediation
information. communication is sought or offered in:
A court proceeding involving a crime
A person who discloses or makes a or felony; or
representation about mediation is A proceeding to prove a claim or
PRECLUDED from asserting the privilege defense that under the law is sufficient
under Section 9, to the extent that the to reform or avoid a liability on
communication prejudices another person in a contract arising out of the
the proceeding and it is necessary for the mediation (Section 11).
person prejudiced to respond to the c. A mediator may not be compelled to
representation of disclosure. provide evidence of a mediation
communication or testify in such
Exceptions of Privilege (Section 11): proceeding.
a. There is no privilege against disclosure d. If a mediation communication is not
under Section 9 if mediation privileged under an exception in
communication is: subsection (a) or (b), only the portion of
In an agreement evidenced by a the communication necessary for the
record authenticated by all parties to application of the exception for non-
the agreement; disclosure may be admitted. The
Available to the public or that is made admission of particular evidence for the
during session of a mediation which is limited purpose of an exception does not
open, or is required by law to be open, render that evidence, or any other
to the public; mediation communication, admissible for
A threat or statement of a plan to inflict any other purpose.
bodily injury or commit a crime of
violence; Prohibited Mediator Reports
Intentionally used to plan a crime, A mediator may not make a report,
attempt to commit, or commit a crime, assessment, evaluation, recommendation,
or conceal an ongoing crime or finding, or other communication regarding a
criminal activity; mediation to a court or agency or other
Sought or offered to prove or disprove authority that may make a ruling on a dispute
abuse, neglect, abandonment, or that is the subject of a mediation
exploitation in a proceeding in which a
public agency is protecting the interest Except:
of an individual protected by law, but 1. Where the mediation occurred or has
this exception does not apply where a terminated, or where settlement was
child protection matter is referred to reached; and

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2. As permitted to be disclosed under a sole arbitrator for the dispute and shall
Section 13 of R.A. 9285 (Section 12). treat the settlement agreement as an
arbitral award which shall be subject to
Participation in Mediation enforcement under Republic Act No. 876,
Except AS OTHERWISE PROVIDED in R.A. otherwise known as the Arbitration Law
9285, a party may designate a lawyer or any (Section 17).
other person to provide assistance in the
mediation. A waiver of this right shall be made Arbitration
in writing by the party waiving it. A waiver of A voluntary dispute resolution process in
participation or legal representation may be which one or more arbitrators, appointed in
rescinded at any time (Section 14). accordance with the agreement of the parties,
or rules promulgated pursuant to R.A. 9285,
Place of Mediation resolve a dispute by rendering an award
The parties are FREE TO AGREE on the (Section 3 (d)).
place of mediation. Failing such agreement,
the place of mediation shall be any place INTERNATIONAL COMMERCIAL
convenient and appropriate to all parties ARBITRATION
(Section 15).
Commercial Arbitration
Effect of Agreement to Submit Dispute to An arbitration is commercial if it covers
Mediation under Institutional Rules matters arising from all relationships of a
The agreement shall include: commercial nature, whether contractual or not
1. An agreement to be bound by the internal (Section 21).
mediation and administrative policies of
such institution; and Governing Law
2. An agreement to have such rules govern International Commercial Arbitration shall be
the mediation of the dispute. governed by the Model Law on International
Commercial Arbitration adopted by the United
In case of conflict between the institutional Nations Commission on International Trade
mediation rules and the provisions of this Law (Section 19).
Act, THE LATTER SHALL PREVAIL
(Section 16). Appointing Authority
As used in the Model Law, it shall mean the
Enforcement of Mediated Settlement person or institution named in the arbitration
Agreements agreement as the appointing authority; or the
1. A settlement agreement following regular arbitration institution under whose
successful mediation shall be prepared by rules the arbitration is agreed to be conducted.
the parties with the assistance of their
respective counsel, if any, and by the Where the parties have agreed to submit
mediator; their dispute to institutional arbitration
2. The parties and their respective counsels, rules, and unless they have agreed to a
if any, shall sign the settlement different procedure, they shall be deemed
agreement. The mediator shall certify that to have agreed to the procedure under
he/she explained the contents of the such arbitration rules for the selection and
settlement agreement to the parties in a appointment of arbitrators (Section 26).
language known to them;
3. If the parties so desire, they may deposit In ad hoc arbitration, the default
such settlement agreement with the appointment of an arbitrator shall be made
appropriate Clerk of a Regional Trial Court by the National President of the Integrated
of the place where one of the parties Bar of the Philippines (IBP) or his duly
resides. Where there is a need to enforce authorized representative.
the settlement agreement, a petition may
be filed by any of the parties with the same Place of Arbitration
court, in which case, the court shall The parties are free to agree on the place of
proceed summarily to hear the petition, in arbitration. Failing such agreement, the place
accordance with such rules of procedure of arbitration shall be in Metro Manila, unless
as may be promulgated by the Supreme the arbitral tribunal, having regard to the
Court; and circumstances of the case, including the
4. The parties may agree in the settlement convenience of the parties shall decide on a
agreement that the mediator shall become different place of arbitration (Section 30).

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Special Laws

Legal Representation in International Such interim measures MAY INCLUDE but


Arbitration shall not be limited to Preliminary injunction
In international arbitration conducted in the directed against a party, Appointment of
Philippines, a party may be represented by receivers or detention, Reservation, and
any person of his choice. PROVIDED, that Inspection of property that is the subject of the
such representative, unless admitted to the dispute in arbitration (Section 29). ( PARI)
practice of law in the Philippines, shall not be
authorized to appear as counsel in any DOMESTIC ARBITRATION
Philippine court or any quasi-judicial body,
whether or not such appearance is in relation Governing Law
to the arbitration in which he appears (Section Domestic Arbitration shall be governed by R.A.
22). 876 otherwise known as The Arbitration
Law as amended by R.A. 9285 (Section 32).
Referral to Arbitration
A court before which an action is brought in a Sections 22 to 31 of R.A 9285 shall apply to
matter which is the subject matter of an domestic arbitration.
arbitration agreement shall, if at least one
party so request not later than the pre-trial THE ARBITRATION LAW (R.A. 876)
conference, or upon the request of both Persons and Matters Subject To Arbitration
parties thereafter, refer the parties to (R.A. No. 876, Section 2).
arbitration UNLESS it finds that the arbitration Two or more persons or parties may submit to
agreement is null and void, inoperative or the arbitration of one or more arbitrators:
incapable of being performed (Section 24). 1. Any controversy existing between them at
the time of the submission and which may
Where action is commenced by or against be the subject of an action (SUBMISSION)
Multiple Parties, one or more of whom are or;
parties to an arbitration agreement, the court 2. The parties to any contract may in such
shall refer to arbitration those parties who are contract agree to settle by arbitration a
bound by the arbitration agreement although controversy thereafter arising between
the civil action may continue as to those who them (CONTRACT).
are not bound by such arbitration agreement
(Section 25). Such submission or contract shall be valid,
enforceable and irrevocable, save upon
Confidentiality of Arbitration Proceedings such grounds as exist at law for the
The arbitration proceedings, including the revocation of any contract.
records, evidence and the arbitral award, shall
be considered confidential and shall not be A controversy cannot be arbitrated where
published except: one of the parties to the controversy is an
1. With the CONSENT of the parties; or infant, or a person judicially declared to be
2. For the LIMITED PURPOSE of disclosing incompetent UNLESS the appropriate
to the court of relevant documents in court having jurisdiction approve a petition
cases where resort to the court is allowed for permission to submit such controversy
herein (Section 23). to arbitration made by the general
guardian or guardian ad litem of the infant
Grant of Interim Measure of Protection or of the incompetent.
It is NOT INCOMPATIBLE with an arbitration
agreement for a party to request, before But where a person capable of entering
constitution of the tribunal, from a court an into a submission or contract has
INTERIM MEASURE OF PROTECTION and knowingly entered into the same with a
for the court to grant such measure. person incapable of so doing, the
objection on the ground of incapacity can
After constitution of the arbitral tribunal and be taken only in behalf of the person so
during arbitral proceedings, a REQUEST for incapacitated.
an interim measure of protection, or
modification thereof, may be made with the The making of a contract or submission for
arbitral tribunal or to the extent that the arbitral arbitration of any controversy shall be
tribunal has no power to act or is unable to act deemed a consent of the parties to the
effectively, the request may be made with the jurisdiction of the Regional Trial Court of
court (Section 28). the province or city where any of the

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parties resides, to enforce such contract or Clerk of the RTC having jurisdiction, of the
submission. submission agreement.

Form of Arbitration Agreement In the event that one party neglects, fails
1. In writing; and or refuses to arbitrate under a submission
2. Subscribed by the party sought to be agreement, the aggrieved party shall
charged, or by his lawful agent follow the procedure prescribed in Section
(R.A. No. 876, Section 4). 5 (a) and (b) of The Arbitration Law (R.A.
No. 876, Section 5).
Institution of an Arbitration
1. In the case of a CONTRACT to arbitrate Hearing by Court
future controversies service by either A party aggrieved by the failure, neglect or
party upon the other of a demand for refusal of another to perform under an
arbitration in accordance with the contract. agreement in writing providing for
(Sec. 5(a) and (b), R.A. No. 876) arbitration may petition the court for an
ORDER directing that such arbitration
The demand shall set forth: proceed in the manner provided for in
1. The NATURE of the controversy; such agreement.
2. The AMOUNT INVOLVED, if any; and
3. The RELIEF SOUGHT, together with a The court shall hear the parties and upon
true copy of the contract providing for being satisfied that the making of the
arbitration. agreement or such failure to comply
therewith is NOT IN ISSUE, shall make an
The demand shall be served upon any ORDER directing the parties to proceed to
party either IN PERSON or by arbitration in accordance with the terms of
REGISTERED MAIL. the agreement.

In the event that the contract between the If the making of the agreement or default
parties provides for the appointment of a be IN ISSUE the court shall
single arbitrator, the demand shall set forth SUMMARILY HEAR such issue.
a specific time within which the parties
shall agree upon such arbitrator. If the FINDING be that no agreement in
writing providing for arbitration was made,
If the contract between the parties or that there is no default in the
provides for the appointment of three proceeding thereunder the proceeding
arbitrators, one to be selected by each shall be DISMISSED.
party the demand shall name the arbitrator
appointed by the party making the If the FINDING be that a written provision
demand; and shall require that the party or arbitration was made and there is a
upon whom the demand is made shall default in the proceeding thereunder an
within 15 days after receipt thereof advise ORDER shall be made SUMMARILY
in writing the party making such demand DIRECTING THE PARTIES TO
the name of the person appointed by the PROCEED WITH THE ARBITRATION in
second party; such notice shall require accordance with the terms thereof (R.A.
that the two arbitrators appointed must No. 876, Section 6).
agree upon the third arbitrator within 10
days from the date of such notice. Stay in Civil Action
If any suit or proceeding be brought upon
In the event that one party defaults in an issue arising out of an agreement
answering the demand, the aggrieved providing for the arbitration thereof, the
party may file with the Clerk of the RTC court in which such suit or proceeding is
having jurisdiction over the parties, a copy pending, upon being satisfied that the
of the demand to arbitrate, with a notice issue involved in such suit or proceeding is
that the original demand was sent by referable to arbitration, shall STAY the
registered mail or delivered in person to action or proceeding until an arbitration
the party against whom the claim is has been had in accordance with the
asserted. terms of the agreement: PROVIDED, That
the applicant for the stay is not in default in
2. In the case of the SUBMISSION of an proceeding with such arbitration (R.A. No.
existing controversy by the filing with the 876, Section 7).

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Topics in International Commercial In deciding the petition to vacate the arbitral


Arbitration regarding Commercial award, the court shall disregard any other
Arbitration, legal representation in ground than those enumerated above (A.M. 7-
International Arbitration, confidentiality of 11-08).
arbitration proceedings, referral to
arbitration, appointing authority, grant of Grounds for Modifying or Correcting Award
interim measure of protection and place of In any one of the following cases, the court
arbitration SHALL APPLY to domestic must make an ORDER modifying or correcting
arbitration. the award, upon the application of any party to
the controversy which was arbitrated: (MISO)
Grounds for Vacating Award 1. Where there was an evident
In any one of the following cases, the court Miscalculation of figures, or an evident
must make an ORDER vacating the award mistake in the description of any person,
upon the petition of any party to the thing or property referred to in the award;
controversy when such party proves or
affirmatively that in the arbitration proceedings: 2. Where the arbitrators have awarded upon
(CoMPEDAM) a matter not Submitted to them, not
1. That there was evident partiality or affecting the merits of the decision upon
Corruption in the arbitrators or any of the matter submitted; or
them; or 3. Where the award is Imperfect in a matter
2. That the arbitrators were guilty of of form not affecting the merits of the
Misconduct in refusing to postpone the controversy, and if it had been a
hearing upon sufficient cause shown, or in commissioner's report, the defect could
refusing to hear evidence pertinent and have been amended or disregarded by the
material to the controversy; that one or court (R.A. No. 876, Section 25);
more of the arbitrators was disqualified to 4. Where the arbitrators have Omitted to
act as such, and willfully refrained from resolve an issue submitted to them for
disclosing such disqualifications or of any resolution (A.M. 7-11-08).
other misbehavior by which the rights of
any party have been materially prejudiced; Arbitration Deemed a Special Proceeding --
or Arbitration under a contract or submission
3. The award was Procured by corruption, shall be deemed a special proceeding, of
fraud, or other undue means; or which the court specified in the contract or
4. That the arbitrators Exceeded their submission or if none be specified, the
powers, or so imperfectly executed them, Regional Trial Court for the province or city in
that a mutual, final and definite award which one of the parties resides or is doing
upon the subject matter submitted to them business, or in which the arbitration was held,
was not made (R.A. No. 876, Section 24); shall have jurisdiction.
5. One or more of the arbitrators was
Disqualified to act as such under the law ARBITRATION OF CONSTRUCTION
and willfully refrained from disclosing such DISPUTES (Chapter 6, R.A. 9285)
disqualification (A.M. 7-11-08);
6. The arbitration Agreement did not exist, or Governing Law
is invalid for any ground for the revocation The arbitration of construction disputes shall
of a contract or is otherwise unenforceable be governed by Executive Order No. 1008,
(A.M. 7-11-08); or otherwise known as the Construction Industry
7. A party to arbitration is a Minor or a person Arbitration Law (Section 34).
judicially declared to be incompetent (A.M.
7-11-08). The topic in International Commercial
Shall be filed only on behalf of the minor or Arbitration regarding the grant of interim
incompetent and shall allege that: measure of protection shall apply to arbitration
a. The other party to arbitration had of construction disputes (Section 17).
knowingly entered into a submission
or agreement with such minor or Coverage: Construction disputes which fall
incompetent; or within the original and exclusive jurisdiction of
b. The submission to arbitration was the Construction Industrial Arbitration
made by a guardian or guardian ad Commission (CIAC) SHALL INCLUDE those
litem who was not authorized to do so between or among parties to, or who are
by a competent court. otherwise bound by, an arbitration agreement,

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directly or by reference whether such as provided by E.O. No. 1008 (Section


PARTIES are: 40).
a. Project owner;
b. Contractor; 2. Foreign Arbitral Awards
c. Subcontractor; The recognition and enforcement shall
d. Fabricator; be filed with the RTC (Section 42).
e. Project manager; A Foreign Arbitral Award when
f. Design professional; confirmed by a court of a foreign
g. Consultant; country / regional trial court, shall be
h. Quantity surveyor; enforced as a FOREIGN ARBITRAL
i. Bondsman; or AWARD and not as a judgment of a
j. Issuer of an insurance policy in a foreign court.
construction project (Section 35). A Foreign Arbitral Award when
confirmed by the RTC SHALL BE in
Authority to act as Mediator or Arbitrator the SAME MANNER as final and
By WRITTEN AGREEMENT of the parties to a executory decisions of courts of law of
dispute, an arbitrator may act as mediator and the Philippines (Section 44).
a mediator may act as arbitrator. A decision of the RTC confirming,
vacating, setting aside, modifying or
The parties may also agree in writing that correcting an arbitral award may be
following a successful mediation, the mediator appealed to the Court of Appeals.
SHALL ISSUE the settlement agreement in The losing party who appeals a
the form of an arbitral award (Section 36). judgment confirming the arbitral award
SHALL BE REQUIRED by the
RTC to Dismiss Case involving a appellate court to post counterbond
Construction Dispute executed in favor of the prevailing
A Regional Trial Court before which a party EQUAL to the amount of the
construction dispute is filed shall, upon award.
becoming aware, not later than the pre-trial
conference, that the parties had entered into Venue and Jurisdiction
an arbitration agreement, DISMISS the case a. Proceedings for recognition and
and refer the parties to arbitration to be enforcement of an arbitration
conducted by the CIAC, UNLESS BOTH agreement;
parties, assisted by their respective counsel, b. For vacation, setting aside, correction
SHALL SUBMIT to the RTC a written or modification of an arbitral award;
agreement EXCLUSIVELY for the court, rather and
than the CIAC, to resolve the dispute (Section c. Any application with a court for
39). arbitration assistance and supervision
shall be deemed as SPECIAL
JUDICIAL REVIEW OF ARBITRAL AWARDS PROCEEDINGS and SHALL BE
(Chapter 7, R.A. 9285) FILED with the RTC:
Where the arbitration proceedings
1. Domestic Awards are conducted;
At any time within one month after the Where the asset to be attached or
award is made, any party to the levied upon or the act to be
controversy which was arbitrated may enjoined is located;
apply to the court having jurisdiction Where any of the parties to the
for an order confirming the award. dispute resides or has his place of
The court must grant such order business; or
unless the award is vacated, modified In the National Judicial Capital
or corrected (Section 23 of R.A. 876). Region, at the option of the
The confirmation of domestic award applicant (Section 47).
shall be made by the RTC.
A Domestic Arbitral Award, when
confirmed, SHALL BE ENFORCED in
the same manner as final and
executory decisions of the RTC.
A CIAC arbitral award need not be
confirmed by the RTC to be executor

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Special Laws

SPECIAL RULES OF COURT ON Service and Filing of Pleadings,


ALTERNATIVE DISPUTE RESOLUTION Motions And Other Papers
Summary Non-Summary
Proceedings Proceedings
A.M. No. 07-11-08-SC
When Service must be Service is made
October 30, 2009
Service made to after the filing of
must be respondent the petition directly
A. GENERAL PROVISIONS made before the filing of with the court.
the petition.
To What Cases Applicable: (RExI- Manner Personal service Personal service
ChAT- FAsCIn- CoDe) of or courier, or courier
1. Referral to Alternative Dispute Service
Resolution (ADR); Where courier
2. Relief on the issue of Existence, services are not
available, resort to
Validity, or Enforceability of the
registered mail is
Arbitration Agreement; allowed
3. Interim Measures of Protection;
4. Challenge to Appointment of Proof of Proof of service
Arbitrator; Service shall be attached
5. Appointment of Arbitrator; to the petition
6. Termination of Mandate of Arbitrator; filed in court
7. Recognition and Enforcement of a
Foreign Arbitral Award;
8. Assistance in Taking Evidence; Notice
9. Confirmation, Correction or Vacation Except FOR CASES INVOLVING
of Award in Domestic Arbitration; REFERRAL TO ADR AND
10. Recognition and Enforcement or CONFIDENTIALITY/PROTECTIVE
Setting Aside of an Award in ORDERS MADE THROUGH MOTIONS,
International Commercial Arbitration; the court shall, if it finds the petition
11. Confidentiality/Protective Orders; and sufficient in form and substance, send
12. Deposit and Enforcement of Mediated notice to the parties directing them to
Settlement Agreements (Rule 1.1). appear at a particular time and date for the
hearing thereof which shall be set no later
Nature of the Proceedings: All of the than five (5) days from the lapse of the
proceedings under these rules shall be period for filing the opposition or comment.
considered as special proceedings (Rule The notice to the respondent shall contain
1.2). a statement allowing him to file a comment
or opposition to the petition within fifteen
Cases Governed By Summary (15) days from receipt of the notice.
Proceedings (Jud- ACTED - RICh)
1. Judicial Relief Involving the Issue of Motions shall be set for hearing and
Existence, Validity or Enforceability of contain a notice of hearing similar to that
the Arbitration Agreement; in the Rules of Court.
2. Appointment of Arbitrator;
3. Confidentiality/Protective Orders; In all cases, as far as practicable, the
4. Termination of Mandate of Arbitrator; summary hearing shall be conducted
5. Assistance in Taking Evidence; in ONE (1) DAY and only for purposes
6. Deposit and Enforcement of Mediated of clarifying facts.
Settlement Agreements. Except IN CASES INVOLVING
7. Referral to ADR; REFERRAL TO ADR OR
8. Interim Measures of Protection; CONFIDENTIALITY/PROTECTIVE
9. Challenge to Appointment of Arbitrator ORDERS MADE THROUGH
(Rule 1.3); MOTIONS, it shall be the court that
sets the petition for hearing within five
(5) days from the lapse of the period
for filing the opposition or comment.
The court shall resolve the matter
within a period of thirty (30) days from
the day of the hearing.
All pleadings filed under the Special
ADR Rules shall be verified (Rule 1.4).

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All initiatory pleadings, EXCEPT a intent of the Special ADR Rules and the
Motion to Refer the Dispute to ADR Laws (Rule 1.13).
Alternative Dispute Resolution, must
have Certificate of Non-Forum B. STATEMENT OF POLICIES
Shopping attached thereto (Rule 1.5).
Party Autonomy - freedom of the parties
Prohibited Submissions/Pleadings to make their own arrangements in the
(BiNDER ReAD) resolution of disputes with the greatest
1. Motion for Bill of particulars; cooperation of and the least intervention
2. Motion for New trial or for reopening of from the courts.
trial; c. Motion to Dismiss;
3. Motion for Extension, except in cases Policy on Arbitration
where an ex-parte temporary order of Where the parties have agreed to submit
protection has been issued; their dispute to arbitration, courts shall
4. Petition for Relief from judgment; refer the parties to arbitration pursuant to
5. Rejoinder to Reply; Republic Act No. 9285 bearing in mind
6. Any other pleading specifically that such arbitration agreement is the law
disallowed under any provision of the between the parties and that they are
Special ADR Rules; and expected to abide by it in good faith.
7. Motion to Declare a party in default
(Rule 1.6). The courts shall not refuse to refer parties
to arbitration for reasons including, but not
The court shall motu proprio order a limited to, the following: (OBe MuC PINA)
pleading/motion that it has determined 1. The referral tends to Oust a court of its
to be dilatory in nature be expunged jurisdiction;
from the records. 2. The court is in a Better position to
resolve the dispute subject of
When Court Can Act on a Petition arbitration;
In cases covered by the Special ADR 3. The referral would result in Multiplicity
Rules, a court acquires authority to act on of suits;
the petition or motion upon proof of 4. The arbitration proceeding has not
jurisdictional facts, i.e., that the respondent Commenced;
was furnished a copy of the petition and 5. The Place of arbitration is in a foreign
the notice of hearing (Rule 1.9). country;
6. One or more of the Issues are legal
No summons is necessary. and one or more of the arbitrators are
not lawyers;
Burden of Proving Service 7. One or more of the arbitrators are not
The burden of showing that a copy of Philippine Nationals; or
the petition and the notice of hearing 8. One or more of the Arbitrators are
were served on the respondent rests alleged not to possess the required
on the petitioner. qualification under the arbitration
The technical rules on service of agreement or law.
summons do not apply to the
proceedings under the Special ADR Principle of Competence-
Rules (Rule 1.9). Competence
The arbitral tribunal may initially rule on its
Contents of Petition and Motions own jurisdiction, including any objections
The verified petition or motion shall include with respect to the existence or validity of
the: the arbitration agreement or any condition
1. Names of the parties; precedent to the filing of a request for
2. Their addresses; arbitration (Rule 2.2).
3. The necessary allegations supporting
the petition; and In issue/s affecting the competence or
4. The relief(s) sought (Rule 1.10). jurisdiction of an arbitral tribunal in a
dispute brought before it, either before
In situations where no specific rule is or after the arbitral tribunal is
provided under the Special ADR Rules, constituted, the court must exercise
the court shall resolve such matter judicial restraint and defer to the
summarily and be guided by the spirit and competence or jurisdiction of the

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arbitral tribunal by allowing the arbitral agreement that the mediator shall become
tribunal the first opportunity to rule the sole arbitrator for the dispute or that
upon such issues (Rule 2.4). the settlement agreement shall become an
Where the court is asked to make a arbitral award, the sole arbitrator shall
determination of whether the issue the settlement agreement as an
arbitration agreement is null and void, arbitral award, which shall be subject to
inoperative or incapable of being enforcement under the law (Rule 2.7).
performed, under this policy of judicial
restraint, the court must make no C. SPECIFIC COURT RELIEF
more than a prima facie determination
of that issue. Unless the court, RULE 3: Judicial Relief Involving the
pursuant to such prima facie issue of Existence, Validity and
determination, concludes that the Enforceability of the Arbitration
arbitration agreement is null and void, Agreement
inoperative or incapable of being
performed, the court must SUSPEND 1. Judicial Relief before Commencement
THE ACTION before it and refer the of Arbitration
parties to arbitration pursuant to the 2. Judicial Relief after Arbitration
arbitration agreement (Rule 2.4). Commences

Principle of Separability of The The judicial relief provided in Rule 3,


Arbitration Clause whether resorted to before or after
The arbitration clause shall be treated as commencement of arbitration, shall apply
an agreement independent of the other only when the place of arbitration is in the
terms of the contract of which it forms part. Philippines.
A decision that the contract is null and void
shall not entail ipso jure the invalidity of Where no petition is allowed
the arbitration clause (RULE 2.2). Where the arbitral tribunal defers its ruling
on preliminary question regarding its
Policy on Mediation jurisdiction until its final award, the
The Special ADR Rules do not apply to aggrieved party cannot seek judicial relief
Court-Annexed Mediation, which shall be to question the deferral and must await the
governed by issuances of the Supreme final arbitral award before seeking
Court. appropriate judicial recourse.

Where the parties have agreed to submit A ruling by the arbitral tribunal deferring
their dispute to mediation, a court before resolution on the issue of its jurisdiction
which that dispute was brought shall until final award shall not be subject to a
suspend the proceedings and direct the motion for reconsideration, appeal or a
parties to submit their dispute to private petition for certiorari (Rule 3.20).
mediation. If the parties subsequently
agree, however, they may opt to have their RULE 4: Referral to ADR
dispute settled through Court-Annexed
Mediation (Rule 2.5). Multiple actions and parties

Policy on Arbitration-Mediation or The court shall not decline to refer some


Mediation-Arbitration or all of the parties to arbitration for any of
No arbitrator shall act as a mediator in any the following reasons: (DiP PaIR)
proceeding in which he is acting as 1. Not all of the Disputes subject of the
arbitrator; and all negotiations towards civil action may be referred to
settlement of the dispute must take place arbitration;
without the presence of that arbitrator. 2. The stay of the action would Prejudice
Conversely, no mediator shall act as the rights of the parties to the civil
arbitrator in any proceeding in which he action who are not bound by the
acted as mediator (Rule 2.6). arbitration agreement;
3. Not all of the Parties to the civil action
Conversion of a settlement of are bound by the arbitration
agreement to an arbitral award agreement and referral to arbitration
Where the parties to mediation have would result in multiplicity of suits;
agreed in the written settlement

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4. The Issues raised in the civil action damages which the respondent may suffer
could be speedily and efficiently as a result of the order.
resolved in its entirety by the court
rather than in arbitration; and Period of Validity of Temporary
5. Referral to arbitration does not appear Protection Order
to be the most prudent action. The ex-parte temporary order of protection
shall be valid only for a period of twenty
RULE 5: Interim Measures of Protection (20) days from the service on the party
required to comply with the order.
Types of Interim Measure of Protection
That A Court May Grant Within that period, the court shall:
a. Furnish the respondent a copy of the
The following, among others, are the petition and a notice requiring him to
interim measures of protection that a court comment thereon on or before the day
may grant: (InAADAp) the petition will be heard; and
1. Preliminary INjunction directed against b. Notify the parties that the petition shall
a party to arbitration; be heard on a day specified in the
2. Preliminary Attachment against notice, which must not be beyond the
property or garnishment of funds in twenty (20) day period of the effectivity
the custody of a bank or a third of the ex-parte order.
person;
3. Appointment of a receiver; The respondent has the option of having
4. Detention, preservation, delivery or the temporary order of protection lifted by
inspection of property; or, posting an appropriate COUNTER-BOND
5. Assistance in the enforcement of an as determined by the court.
interim measure of protection granted
by the arbitral tribunal, which the latter If the respondent requests the court for an
cannot enforce effectively extension of the period to file his
opposition or comment or to reset the
Prior notice to the other party may be hearing to a later date, and such request is
dispensed with when the petitioner alleges granted, the court shall extend the period
in the petition that there is an urgent need of validity of the ex-parte temporary order
to either: of protection for no more than twenty days
1. preserve property; from expiration of the original period.
2. prevent the respondent from disposing
of, or concealing, the property; or After notice and hearing, the court may
3. prevent the relief prayed for from either grant or deny the petition for an
becoming illusory because of prior interim measure of protection.
notice, and the court finds that the
reason/s given by the petitioner are The order is without prejudice to
meritorious subsequent grant, modification,
amendment, revision or revocation by an
When Temporary Order of Protection arbitral tribunal.
May Issue
In cases where, based solely on the If respondent was given an opportunity to
petition, the court finds that there is an be heard on a petition for an interim
urgent need to either: measure of protection, any order by the
1. preserve property; court shall be immediately executory.
2. prevent the respondent from disposing
of or concealing, the property; or The order may be the subject of a motion
3. prevent the relief prayed for from for reconsideration and/or appeal or, if
becoming illusory because of prior warranted, a petition for certiorari (Rule
notice, 5.9).

The court shall issue an immediately The court SHALL NOT DENY an
executory TEMPORARY ORDER OF application for assistance in implementing
PROTECTION and require the petitioner, or enforcing an interim measure of
within five (5) days from receipt of that protection ordered by an arbitral tribunal
order to post a bond to answer for any on any or all of the following grounds:
(ENA)

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a. The arbitral tribunal granted the Effect of Filing Another Petition Instead
interim relief Ex parte; or of Opposition
b. The party opposing the application When a petition to confirm an arbitral
found New material evidence, which award is pending before a court, the party
the arbitral tribunal had not considered seeking to vacate or correct/modify said
in granting in the application, and award may only apply for those reliefs
which, if considered, may produce a through a petition to vacate or
different result; or correct/modify the award in opposition to
c. The measure of protection ordered by the petition to confirm the award provided
the arbitral tribunal Amends, Revokes, that such petition to vacate or
Modifies or is Inconsistent with an correct/modify is filed within thirty (30)
earlier measure of protection issued days from his receipt of the award.
by the court. (ARMI)
A petition to vacate or correct/modify an
If it finds that there is sufficient merit in the arbitral award filed in another court or in a
opposition to the application based on separate case before the same court shall
letter (b) above, the court shall refer the be dismissed, upon appropriate motion, as
matter back to the arbitral tribunal for a violation of the rule against forum-
appropriate determination (Rule 5.10). shopping.

An interim measure of protection issued by When a petition to vacate or


the arbitral tribunal shall, upon its issuance correct/modify an arbitral award is pending
be deemed to have ipso jure MODIFIED, before a court, the party seeking to
AMENDED, REVISED OR REVOKED an confirm said award may only apply for that
interim measure of protection previously relief through a petition to confirm the
issued by the court to the extent that it is same award in opposition to the petition to
inconsistent with the subsequent interim vacate or correct/modify the award.
measure of protection issued by the
arbitral tribunal (Rule 5.13). General Rule: A petition to confirm or
correct/modify an arbitral award filed as
Any question involving a conflict or separate proceeding in another court or in
inconsistency between an interim measure a different case before the same court
of protection issued by the court and by shall be dismissed, upon appropriate
the arbitral tribunal shall be immediately motion, as a violation of the rule against
referred by the court to the arbitral tribunal forum shopping.
which shall have the authority to decide
such question (Rule 5.14). Alternative Remedy: As an alternative to
the dismissal of a second petition for
General Rule: The court shall defer action confirmation, vacation or
on any pending petition for an interim correction/modification of an arbitral award
measure of protection filed by a party to an filed in violation of the non-forum shopping
arbitration agreement arising from or in rule, the court or courts concerned may
connection with a dispute thereunder upon allow the consolidation of the two
being informed that an arbitral tribunal has proceedings in one court and in one case.
been constituted pursuant to such
agreement. In Case of Simultaneous Filing of
Petition
Exception: The court may act upon such Where the petition to confirm the award
petition only if it is established by the and petition to vacate or correct/modify
petitioner that the arbitral tribunal has no were simultaneously filed by the parties in
power to act on any such interim measure the same court or in different courts in the
of protection or is unable to act thereon Philippines, upon motion of either party,
effectively (RULE 5.15). the court may order the consolidation of
the two cases before either court.
RULE 11: Confirmation, Correction or In all instances, the petition must be
Vacation of Award in Domestic verified by a person who has
Arbitration knowledge of the jurisdictional facts.

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Presumption of Regularity arbitration may be set aside or


An arbitral award shall enjoy the only that part of the award which
presumption that it was made and contains decisions on matters
released in due course of arbitration and is submitted to arbitration may be
subject to confirmation by the court enforced; or
The court shall not disturb the arbitral
tribunals determination of facts and/or d. The Composition of the arbitral
interpretation of law. tribunal or the arbitral procedure
was not in accordance with the
In referring the case back to the arbitral agreement of the parties, unless
tribunal or to a new arbitral tribunal such agreement was in conflict
pursuant to Rule 24 of Republic Act No. with a provision of Philippine law
876, the court may not direct it to revise its from which the parties cannot
award in a particular way, or to revise its derogate, or, failing such
findings of fact or conclusions of law or agreement, was not in accordance
otherwise encroach upon the with Philippine law;
independence of an arbitral tribunal in the
making of a final award. 2. The court finds that:
a. The subject-matter of the dispute
RULE 12: Recognition and Enforcement is not capable of settlement by
or Setting Aside of an International arbitration under the law of the
Commercial Arbitration Award Philippines; or
b. The recognition or enforcement of
Grounds to set aside or resist the award would be contrary to
enforcement: public policy.
c. The Court shall disregard any
The court may set aside or refuse the other ground to set aside or
enforcement of the arbitral award only if: enforce the arbitral award other
1. The party making the application than those enumerated.
furnishes proof that: (INTeC)
If the ground is that a party was a minor or
a. A party to the arbitration an incompetent it shall be filed only on
agreement was under some behalf of the minor or incompetent and
Incapacity, or the said agreement shall allege that:
is not valid under the law to which a. the other party to arbitration had
the parties have subjected it or, knowingly entered into a submission
failing any indication thereof, or agreement with such minor or
under Philippine law; or incompetent; or
b. the submission to arbitration was
b. The party making the application made by a guardian or guardian ad
to set aside or resist enforcement litem who was not authorized to do so
was not given proper Notice of the by a competent court.
appointment of an arbitrator or of
the arbitral proceedings or was Presumption in favor of confirmation
otherwise unable to present his It is presumed that an arbitral award was
case; or made and released in due course and is
subject to enforcement by the court,
c. The award deals with a dispute unless the adverse party is able to
not contemplated by or not falling establish a ground for setting aside or not
within the Terms of the enforcing an arbitral award.
submission to arbitration, or
contains decisions on matters RULE 13: Recognition and Enforcement
beyond the scope of the of a Foreign Arbitral Award
submission to arbitration; provided
that, if the decisions on matters When a Philippine Court may Refuse
submitted to arbitration can be Recognition
separated from those not so A Philippine court shall not set aside a
submitted, only that part of the foreign arbitral award.
award which contains decisions
on matters not submitted to

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It may refuse recognition and enforcement c. The court shall disregard any
on any or all of the following grounds: ground for opposing the
recognition and enforcement of a
1. If the party making the application foreign arbitral award other than
proves that: (INTeCBi) those enumerated above.

a. A party to the arbitration D. MOTION FOR RECONSIDERATION,


agreement was under some APPEAL AND CERTIORARI
Incapacity; or the said agreement
is not valid under the law to which RULE 19: Motion for Reconsideration,
the parties have subjected it or, Appeal and Certiorari
failing any indication thereof,
under the law of the country where 1. Motion for Reconsideration
the award was made; or A party may ask the Regional Trial to
reconsider its ruling on the following:
b. The party making the application (JIDeDreApInGSuCAsFARES)
was not given proper Notice of the a. Upholding or reversing the arbitral
appointment of an arbitrator or of tribunals Jurisdiction pursuant to
the arbitral proceedings or was Rule 3.19;
otherwise unable to present his b. That the arbitration agreement is
case; or Inexistent, invalid or
unenforceable pursuant to Rule
c. The award deals with a dispute 3.10 (B);
not contemplated by or not falling c. Denying a request to refer the
within the Terms of the parties to arbitration;
submission to arbitration, or d. Dismissing the petition to set
contains decisions on matters aside an international commercial
beyond the scope of the arbitral award, even if the court
submission to arbitration; provided does not recognize and/or enforce
that, if the decisions on matters the same;
submitted to arbitration can be e. Refusing to grant assistance in
separated from those not so taking evidence;
submitted, only that part of the f. Denying a petition for the
award which contains decisions Appointment of an arbitrator;
on matters not submitted to g. Granting or denying a party an
arbitration may be set aside; or Interim measure of protection;
h. Granting or dismissing a petition
d. The Composition of the arbitral to enforce a deposited mediated
tribunal or the arbitral procedure settlement agreement;
was not in accordance with the i. Suspending the proceedings to
Agreement of the parties or, failing set aside an international
such agreement, was not in commercial arbitral award and
accordance with the Law of the referring the case back to the
country where arbitration took arbitral tribunal;
place; (CAL) or j. Confirming, vacating or correcting
e. The award has not yet become a domestic arbitral award;
Binding on the parties or has been k. Declining a request for Assistance
set aside or suspended by a court in taking evidence;
of the country in which that award l. Recognizing and/or enforcing a
was made; or Foreign arbitral award, or refusing
recognition and/or enforcement of
2. The court finds that: the;
a. The subject-matter of the dispute m. Adjourning or deferring a ruling on
is not capable of settlement or a petition to set aside, recognize
resolution by arbitration under and/or enforce an international
Philippine law; or commercial arbitral award;
b. The recognition or enforcement of n. same Recognizing and/or
the award would be contrary to enforcing, or dismissing a petition
public policy; to recognize and/or enforce an

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international commercial arbitral Exception: If the Regional Trial Court is


award; asked to set aside an arbitral award in a
o. Enjoining or refusing to enjoin a domestic or international arbitration on any
person from divulging confidential ground other than those provided in the
information; and Special ADR.
p. Setting aside an international
commercial arbitral award. Rules, the court shall entertain such
ground for the setting aside or non-
No motion for reconsideration shall be recognition of the arbitral award only if the
allowed from the following rulings of the same amounts to a violation of public
Regional Trial Court: (ACT PReG) policy.
a. An order Appointing an arbitrator; The court shall not set aside or vacate
b. Any ruling on the Challenge to the the award of the arbitral tribunal
appointment of an arbitrator; merely on the ground that the arbitral
c. Any order resolving the issue of the tribunal committed errors of fact, or of
Termination of the mandate of an law, or of fact and law, as the court
arbitrator; cannot substitute its judgment for that
d. A Prima facie determination upholding of the arbitral tribunal.
the existence, validity or enforceability
of an arbitration agreement pursuant 3. Appeals to the Court Of Appeals
to Rule 3.1 (A); An appeal to the Court of Appeals
e. An order Referring the dispute to through a petition for review under this
arbitration; and Special Rule shall only be allowed
f. An order Granting assistance in taking from the following final orders of the
evidence. Regional Trial Court:
(FRIEDCapS JARe DiG)
When to move for reconsideration a. Refusing recognition and/or
A motion for reconsideration may be filed enforcement of a Foreign arbitral
with the Regional Trial Court within period award;
of fifteen (15) days from receipt of the b. Recognizing and/or enforcing an
questioned ruling or order. international commercial
The period is non-extendible. arbitration award;
c. Granting or denying an Interim
2. General Provisions on Appeal and measure of protection;
Certiorari d. Enjoining or refusing to enjoin a
An agreement to refer a dispute to person from divulging confidential
arbitration shall mean that the arbitral information;
award shall be final and binding. e. Dismissing a petition to enforce an
international commercial
Consequently, a party to an arbitration is arbitration award;
precluded from filing an appeal or a f. Confirming, vacating or
petition for certiorari questioning the merits correcting/modifying a domestic
of an arbitral award. arbitral award;
g. Denying a petition for
Prohibited alternative remedies Appointment of an arbitrator;
Where the remedies of appeal and h. Setting aside an international
certiorari are specifically made available to commercial arbitration award;
a party under the Special ADR Rules, i. Reversing the ruling of the arbitral
recourse to one remedy shall preclude tribunal upholding its Jurisdiction;
recourse to the other. j. Denying a petition for Assistance
in taking evidence;
General Rule: The court can only vacate k. Recognizing and/or enforcing a
or set aside the decision of an arbitral foreign arbitral award;
tribunal upon a clear showing that the l. Dismissing the petition to set
award suffers from any of the infirmities or aside an international commercial
grounds for vacating an arbitral award arbitration award even if the court
under Section 24 of Republic Act No. 876 does not decide to recognize or
or under Rule 34 of the Model. enforce such award; and

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m. Granting or dismissing a petition 5. Appeal By Certiorari To The


to enforce a deposited mediated Supreme Court
settlement agreement. A review by the Supreme Court is not
a matter of right, but of sound judicial
4. Special Civil Action for Certiorari discretion, which will be granted only
When the Regional Trial Court, in for serious and compelling reasons
making a ruling under the Special resulting in grave prejudice to the
ADR Rules, has acted without or in aggrieved party.
excess of its jurisdiction, or with grave
abuse of discretion amounting to lack The following, while neither controlling
or excess of jurisdiction, and there is nor fully measuring the court's
no appeal or any plain, speedy, and discretion, indicate the serious and
adequate remedy in the ordinary compelling, and necessarily, restrictive
course of law, a party may file a nature of the grounds that will warrant
special civil action for certiorari to the exercise of the Supreme Courts
annul or set aside a ruling of the discretionary powers, when the Court
Regional Trial Court. of Appeals: (CoFEP)
a. Failed to apply the applicable
A special civil action for certiorari may standard or test for judicial review
be filed against the following orders of prescribed in these Special ADR
the court. (HIDeR CApSAl FAD) Rules in arriving at its decision
a. Holding that the arbitration resulting in substantial prejudice to
agreement is inexistent, invalid or the aggrieved party;
unenforceable; b. Erred in upholding a final order or
b. Granting or refusing an Interim decision despite the lack of
relief; jurisdiction of the court that
c. Denying the request to refer the rendered such final order or
dispute to arbitration; decision;
d. Reversing the arbitral tribunals c. Failed to apply any Provision,
preliminary determination principle, policy or rule contained
upholding its jurisdiction; in these Special ADR Rules
e. Confirming, vacating or correcting resulting in substantial Prejudice
a domestic arbitral award; to the aggrieved party; and
f. Denying a petition for the d. Committed an error so egregious
Appointment of an arbitrator; and harmful to a party as to
g. Suspending the proceedings to amount to an undeniable excess
set aside an international of jurisdiction.
commercial arbitral award and
referring the case back to the RULE OF PROCEDURE FOR SMALL
arbitral tribunal; CLAIMS CASES AS AMENDED
h. Allowing a party to enforce an
international commercial arbitral SC En Banc Resolution dated
award pending appeal; October 27, 2009 in A.M. No. 08-8-7-SC
i. Allowing a party to enforce a
Foreign arbitral award pending SECTION 1. SCOPE
appeal;
j. Adjourning or deferring a ruling on This rule shall govern the procedure in actions
whether to set aside, recognize before the:
and or enforce an international 1. Metropolitan Trial Courts;
commercial arbitral award; and 2. Municipal Trial Courts in Cities;
k. Denying a petition for assistance
3. Municipal Trial Courts; and
in taking evidence. 4. Municipal Circuit Trial Courts for payment
of money where the value of the claim
Prohibition against injunctions DOES NOT EXCEED P100,000 exclusive
The Court of Appeals shall not, during the of interest and costs.
pendency of the proceedings before it,
prohibit or enjoin the commencement of
arbitration, the constitution of the arbitral
tribunal, or the continuation of arbitration
(Rule 19.33).

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SECTION 4. APPLICABILITY SECTION 6. JOINDER OF CLAIMS

The Metropolitan Trial Courts, Municipal Trial Plaintiff may join in a single statement of claim
Courts in Cities, Municipal Trial Courts, and one or more separate small claims against a
Municipal Circuit Trial Courts shall apply this defendant provided that the total amount
Rule in all actions which are: claimed, exclusive of interest and costs, does
1. PURELY CIVIL IN NATURE where the not exceed P100,000.00.
claim or relief prayed for by the plaintiff is
solely for payment or reimbursement of SECTION 8. PAYMENT OF FILING FEES
sum of money; and
2. The CIVIL ASPECT OF CRIMINAL The plaintiff shall pay the docket and other
ACTIONS, either filed before the institution legal fees prescribed under Rule 141 of the
of the criminal action, or reserved upon the Revised Rules of Court, unless allowed to
filing of the criminal action in court, litigate as an indigent.
pursuant to Rule 111 of the Revised Rules
of Criminal Procedure. A claim filed with a MOTION TO SUE AS
INDIGENT shall be referred to the Executive
These CLAIMS OR DEMANDS may be: Judge for immediate action in case of multi-
1. For MONEY OWED under any of the sala courts, or to the Presiding Judge of the
2 2
following: (L S M) court hearing the small claims case.
a. Contract of Lease;
b. Contract of Loan; If the motion is GRANTED by the Executive
c. Contract of Services; Judge, the case shall be raffled off or assigned
d. Contract of Sale; or to the court designated to hear small claims
e. Contract of Mortgage; cases.
2. For DAMAGES arising from any of the
following: (FQC) If the motion is DENIED, the plaintiff shall be
a. Fault or negligence; given five (5) days within which to pay the
b. Quasi-contract; or docket fees, otherwise, the case shall be
c. Contract; dismissed without prejudice.
3. The enforcement of a BARANGAY
AMICABLE SETTLEMENT or an In no case shall a party, even if declared an
ARBITRATION AWARD involving a indigent, be exempt from the payment of the
money claim covered by this Rule P1,000.00 fee for service of summons and
pursuant to Sec. 417 the Local processes in civil cases.
Government Code of 1991.
SECTION 9. DISMISSAL OF THE CLAIM
SECTION 5. COMMENCEMENT OF SMALL
CLAIMS ACTION After the court determines that the case falls
under this Rule, it may, from an examination of
A small claims action is commenced by filing the allegations of the Statement of Claim and
with the court an: such evidence attached thereto, by itself,
1. Accomplished and verified Statement of DISMISS the case outright on any of the
Claim in duplicate; grounds apparent from the Claim for the
2. A Certification of Non-forum Shopping, dismissal of a civil action.
3. Two (2) duly certified photocopies of the
actionable document/s subject of the SECTION 10. SUMMONS AND NOTICE OF
claim; HEARING
4. The affidavits of witnesses and other
evidence to support the claim. If no ground for dismissal is found, the court
shall forthwith issue Summons on the day of
No evidence shall be allowed during the receipt of the Statement of Claim, directing the
hearing which was not attached to or defendant to submit a verified Response.
submitted together with the Claim,
UNLESS good cause is shown for the The court shall also issue a Notice to both
admission of additional evidence. parties, directing them to appear before it on a
specific date and time for hearing, with a
No formal pleading, other than the warning that no unjustified postponement shall
STATEMENT OF CLAIM, is necessary to be allowed, as provided in Section 19 of this
initiate a small claims action.

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Rule. The defendant may also elect to file a


counterclaim against the plaintiff that does not
SECTION 11. RESPONSE arise out of the same transaction or
occurrence, provided that the amount and
The defendant shall file with the court and nature thereof are within the coverage of this
serve on the plaintiff a duly accomplished and Rule and the prescribed docket and other legal
verified response within a non-extendible fees are paid.
period of ten (10) days from receipt of
summons. SECTION 14. PROHIBITED PLEADINGS
AND MOTIONS
The response shall be accompanied by
certified photocopies of documents, as well as The following pleadings, motions, or petitions
affidavits of witnesses and other evidence in SHALL NOT BE ALLOWED in the cases
support thereof. covered by this Rule:
(DaBaNa PEMP D DIRT)
No evidence shall be allowed during the
hearing which was not attached to or 1. Motion to Dismiss the complaint;
submitted together with the Response, unless 2. Motion for a Bill of particulars;
good cause is shown for the admission of 3. Motion for New trial, or for reconsideration
additional evidence. of a judgment, or for reopening of trial;
4. Petition for relief from judgment;
The grounds for the dismissal of the claim, 5. Motion for Extension of time to file
under Rule 16 of the Rules of Court, should be pleadings, affidavits or any other paper;
pleaded. 6. Memoranda;
7. Petition for certiorari, mandamus, or
SECTION 12. EFFECT OF FAILURE TO FILE prohibition against any interlocutory order
RESPONSE issued by the court;
8. Motion to Declare the defendant in default;
Should the defendant fail to file his Response 9. Dilatory motions for postponement;
within the required period, AND likewise fail to 10. Reply;
appear at the date set for hearing, the court 11. Third party complaints; and
shall render judgment on the same day, as 12. Interventions.
may be warranted by the facts.
SECTION 16. APPEARANCE
Should the defendant fail to file his Response
within the required period BUT appears at the The parties shall appear at the designated
date set for hearing, the court shall ascertain date of hearing PERSONALLY.
what defense he has to offer and proceed to
hear, mediate or adjudicate the case on the Appearance through a representative must be
same day as if a Response has been filed. for a valid cause.

SECTION 13. COUNTERCLAIMS WITHIN The representative of an individual-party must:


THE COVERAGE OF THIS RULE a. not be a lawyer; and
b. must be related to or next-of-kin of the
If at the time the action is commenced, the individual-party.
defendant possesses a claim against the c. Juridical entities shall not be represented
plaintiff that: by a lawyer in any capacity.
1. is within the coverage of this Rule,
exclusive of interest and costs; The representative must be authorized under
2. arises out of the same transaction or event a Special Power of Attorney to enter into an
that is the subject matter of the plaintiffs amicable settlement of the dispute and to
claim; enter into stipulations or admissions of facts
3. does not require for its adjudication the and of documentary exhibits.
joinder of third parties; and
4. is not the subject of another pending SECTION 17. APPEARANCE OF
action, the claim shall be filed as a ATTORNEYS NOT ALLOWED
COUNTERCLAIM IN THE RESPONSE;
otherwise, the defendant shall be NO ATTORNEY SHALL APPEAR IN BEHALF
BARRED from suit on the counterclaim. OF OR REPRESENT A PARTY AT THE

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HEARING, unless the attorney is the plaintiff SECTION 22. FAILURE OF SETTLEMENT
or defendant.
If efforts at settlement fail, the hearing shall
If the court determines that a party cannot proceed in an INFORMAL AND
properly present his/her claim or defense and EXPEDITIOUS manner and be terminated
needs assistance, the court may, in its within one (1) day.
discretion, allow another individual who is not Either party may move in writing have
an attorney to assist that party upon the another judge hear and decide the
latters consent. case. The reassignment of the case
shall be done in accordance with
SECTION 18. NON-APPEARANCE OF existing issuances.
PARTIES
The referral by the original judge to the
Failure of the PLAINTIFF to appear shall be Executive Judge shall be made within the
cause for the DISMISSAL of the claim same day the motion is filed and granted, and
WITHOUT PREJUDICE. The defendant who by the Executive Judge to the designated
appears shall be entitled to JUDGMENT ON A judge within the same day of the referral.
PERMISSIVE COUNTERCLAIM.
The new judge shall hear and decide the case
Failure of the DEFENDANT to appear shall within five (5) working days from receipt of the
have the same effect as failure to file a order of reassignment.
Response under Section 12 of this Rule.
SECTION 23. DECISION
This shall NOT apply where one of two or
more defendants who are sued under a After the hearing, the court shall render its
common cause of action and have pleaded a decision on the same day, based on the facts
common defense appears at the hearing. established by the evidence. The decision
shall immediately be entered by the Clerk of
Failure of BOTH PARTIES to appear shall Court in the court docket for civil cases and a
cause the DISMISSAL WITH PREJUDICE of copy thereof forthwith served on the parties.
both the claim and counterclaim.
THE DECISION SHALL BE FINAL AND
SECTION 19. POSTPONEMENT WHEN UNAPPEALABLE.
ALLOWED
SECTION 24. EXECUTION
A request for postponement of a hearing may
be granted only upon proof of the physical If the decision is rendered in favor of the
inability of the party to appear before the court plaintiff, execution shall issue upon motion.
on the scheduled date and time. A PARTY
MAY AVAIL OF ONLY ONE (1) SECTION 25. APPLICABILITY OF THE
POSTPONEMENT. RULES OF CIVIL PROCEDURE

SECTION 21. HEARING The Rules of Civil Procedure shall apply


suppletorily insofar as they are not
At the hearing, the judge shall exert efforts to inconsistent with this Rule.
bring the parties to an amicable settlement of
their dispute. REVISED RULES ON SUMMARY
PROCEDURE
Any settlement or resolution of the dispute
shall be reduced into writing, signed by the
parties and submitted to the court for approval Resolution of The Court En Banc
Dated October 15, 1991
Settlement discussions shall be strictly
confidential and any reference to any I. APPLICABILITY
settlement made in the course of such
discussions shall be punishable by contempt. SECTION 1. SCOPE

This rule shall govern the summary


procedure in the:
1. Metropolitan Trial Courts;
2. Municipal Trial Courts in Cities;

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3. Municipal Trial Courts; and The only pleadings allowed to be filed are:
4. Municipal Circuit Trial Courts in the 1. Complaints;
following cases falling within their 2. Compulsory counterclaims;
jurisdiction: 3. Cross-claims; and
4. Answers thereto.
A. CIVIL CASES:
1. All cases of forcible entry and Note: All pleadings shall be
unlawful detainer, irrespective of VERIFIED.
the amount of damages or unpaid
rentals sought to be recovered. SECTION 4. DUTY OF COURT
(FEUD)
After the court determines that the case
Where attorney's fees are falls under summary procedure, it may,
awarded, the same shall not from an examination of the allegations
exceed twenty thousand pesos therein and such evidence as may be
(P20, 000.00); and attached thereto, dismiss the case outright
on any of the grounds apparent therefrom
2. All other civil cases, except for the dismissal of a civil action.
probate proceedings, where the
total amount of the plaintiff's claim If no ground for dismissal is found it shall
does NOT exceed one hundred forthwith issue summons which shall state
thousand pesos (P100, 000.00) or that the summary procedure under this
two hundred thousand pesos Rule shall apply.
(P200, 000.00) exclusive of
interest and costs (As amended SECTION 5. ANSWER
by AM 02-11-09-SC, effective
November 25, 2002). WITHIN TEN (10) DAYS from service of
summons, the defendant shall file his
B. CRIMINAL CASES: (BORAT) answer to the complaint and serve a copy
1. Violation of Bouncing Checks Law thereof on the plaintiff.
(B.P. 22);
2. Violations of municipal or city Affirmative and negative defenses not
Ordinances; pleaded therein shall be deemed waived,
3. Violations of the Rental law; except for lack of jurisdiction over the
4. All other criminal cases where the subject matter.
penalty prescribed by law for the
offense charged is imprisonment Cross-claims and compulsory
NOT exceeding six months, or a counterclaims not asserted in the answer
fine NOT exceeding (P1, 000.00), shall be considered barred.
or both, irrespective of other
imposable penalties, accessory or The answer to counterclaims or cross-
otherwise, or of the civil liability claims shall be filed and served WITHIN
arising therefrom: Provided, TEN (10) DAYS from service of the
however, that in offenses involving answer in which they are pleaded.
damage to property through
criminal negligence, this Rule shall SECTION 6. EFFECT OF FAILURE TO
govern where the imposable fine ANSWER
does not exceed ten thousand
pesos (P10, 000.00); and Should the defendant fail to answer the
5. Violations of Traffic laws, rules complaint within the period above
and regulations. provided, the court, MOTU PROPRIO, or
ON MOTION of the plaintiff, SHALL
SECTION 2. DETERMINATION OF render judgment as may be warranted by
APPLICABILITY the facts alleged in the complaint and
limited to what is prayed for therein.
II. CIVIL CASES
Note: This is WITHOUT
SECTION 3. PLEADINGS PREJUDICE to the applicability of Section
4, Rule 18 of the Rules of Court, if there
are two or more defendants.

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SECTION 7. PRELIMINARY SECTION 9. SUBMISSION OF


CONFERENCE; APPEARANCE OF AFFIDAVITS AND POSITION PAPERS
PARTIES
WITHIN TEN (10) DAYS from receipt of
NOT LATER THAN THIRTY (30) DAYS the order mentioned in the next preceding
after the last answer is filed, a preliminary section, the parties SHALL SUBMIT the
conference shall be held. affidavits of their witnesses and other
evidence on the factual issues defined in
The rules on pre-trial in ordinary cases the order, together with their position
SHALL be applicable to the preliminary papers setting forth the law and the facts
conference UNLESS inconsistent with the relied upon by them.
provisions of this Rule.
SECTION 10. RENDITION OF
The FAILURE of the plaintiff to appear in JUDGMENT
the preliminary conference SHALL BE a
cause for the DISMISSAL of his complaint. WITHIN THIRTY (30) DAYS after receipt
of the last affidavits and position papers,
The defendant who appears in the or the expiration of the period for filing the
absence of the plaintiff shall be entitled to same, the court shall render judgment.
judgment on his counterclaim in
accordance with Section 6 hereof. HOWEVER, should the court find it
necessary to clarify certain material facts,
Note: All cross-claims shall be it may, during the said period, ISSUE AN
DISMISSED. ORDER specifying the matters to be
clarified, and require the parties to submit
If a sole defendant shall fail to appear, the affidavits or other evidence on the said
plaintiff shall be entitled to judgment in matters within ten (10) days from receipt of
accordance with Section 6 hereof. This said order.
Rule shall not apply where one of two or
more defendants sued under a common Judgment shall be rendered within fifteen
cause of action who had pleaded a (15) days after the receipt of the last
common defense shall appear at the clarificatory affidavits, or the expiration of
preliminary conference. the period for filing the same.

SECTION 8. RECORD OF III. CRIMINAL CASES


PRELIMINARY CONFERENCE
Trial in Criminal Cases is required
WITHIN FIVE (5) DAYS after the In civil cases subject to summary
termination of the preliminary conference, procedure there is absolutely no trial, not
the court SHALL ISSUE an order stating even a clarificatory hearing. Not so in
the matters taken up therein, including but criminal cases subject to summary
not limited to: procedure.
(JOFAS)
1. Whether, on the basis of the pleadings SECTION 11. HOW COMMENCED
and the stipulations and admissions
made by the parties, Judgment may The filing of criminal cases falling within
be rendered without the need of the scope of this Rule SHALL BE either by
further proceedings, in which event complaint or by information: PROVIDED
the judgment shall be rendered within HOWEVER, that in Metropolitan Manila
thirty (30) days from issuance of the and in Chartered Cities, such cases shall
order; be commenced only by information,
2. Such Other matters intended to except when the offense cannot be
expedite the disposition of the case. prosecuted de officio.
3. A clear specification of material Facts
which remain controverted; The complaint or information SHALL BE
4. Whether the parties have arrived at an accompanied by the affidavits of the
Amicable settlement, and if so, the complainant and of his witnesses in such
terms thereof; and number of copies as there are accused
5. The Stipulations or admissions plus two (2) copies for the court's files. If
entered into by the parties. this requirement is not complied with

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within five (5) days from date of filing, the the issues and to ensure a speedy
case may be DISMISSED. disposition of the case.

SECTION 12. DUTY OF COURT HOWEVER, no admission by the accused


shall be used against him UNLESS
If Commenced by COMPLAINT: reduced in writing and signed by the
accused and his counsel. A refusal or
On the basis of the complaint and the failure to stipulate shall not prejudice the
affidavits and other evidence accused.
accompanying the same, the court may
DISMISS the case outright for being SECTION 15. PROCEDURE OF TRIAL
patently without basis or merit and order
the release of the accused if in custody. At the trial, the affidavits submitted by the
parties shall constitute the direct
If Commenced by INFORMATION: testimonies of the witnesses who executed
the same. Witnesses who testified may be
When the case is commenced by subjected to cross-examination, redirect or
information, or is not dismissed pursuant re-cross examination.
to the next preceding paragraph, the court
SHALL ISSUE an ORDER which, together Should the affiant fail to testify, his affidavit
with copies of the affidavits and other shall not be considered as competent
evidence submitted by the prosecution, evidence for the party presenting the
SHALL REQUIRE the accused to submit affidavit, but the adverse party may utilize
his counter-affidavit and the affidavits of the same for any admissible purpose.
his witnesses as well as any evidence in
his behalf, serving copies thereof on the Except on rebuttal or surrebuttal, NO
complainant or prosecutor not later than witness shall be allowed to testify
ten (10) days from receipt of said order. UNLESS his affidavit was previously
submitted to the court.
The prosecution may file reply affidavits
within ten (10) days after receipt of the HOWEVER, should a party desire to
counter-affidavits of the defense. present additional affidavits or counter-
affidavits as part of his direct evidence, he
SECTION 13. ARRAIGNMENT AND shall so manifest during the preliminary
TRIAL conference, stating the purpose thereof.

Should the court, upon a consideration of If allowed by the court, the additional
the complaint or information and the affidavits of the prosecution or the
affidavits submitted by both parties, FIND counter-affidavits of the defense
NO CAUSE or GROUND to hold the SHALL BE SUBMITTED to the court
accused for trial, it SHALL order the and SERVED on the adverse party not
DISMISSAL of the case: OTHERWISE, later than three (3) days after the
the court shall set the case for arraignment termination of the preliminary
and trial. conference.
If the additional affidavits are
If the accused is in custody for the crime presented by the prosecution, the
charged, he shall be immediately accused may file his counter-affidavits
arraigned and if he enters a plea of guilty, and serve the same on the
he shall forthwith be sentenced. prosecution within three (3) days from
such service.
SECTION 14. PRELIMINARY
CONFERENCE SECTION 16. ARREST OF ACCUSED

Before conducting the trial, the court shall The court shall not order the arrest of the
call the parties to a preliminary conference accused except for failure to appear
during which a stipulation of facts may be whenever required. Release of the person
entered into, or the propriety of allowing arrested shall either be on bail or on
the accused to enter a plea of guilty to a recognizance by a responsible citizen
lesser offense may be considered, or such acceptable to the court.
other matters may be taken up to clarify

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SECTION 17. JUDGMENT direct personal knowledge of the affiants


which are admissible in evidence, and
Where a trial has been conducted, the shall show their competence to testify to
court shall promulgate the judgment not the matters stated therein.
later than thirty (30) days after the
termination of the trial. Note: Hence, the RULES ON
EVIDENCE apply even to cases under
IV. COMMON PROVISIONS Summary Procedure.

SECTION 18. REFERRAL TO LUPON A violation of this requirement may subject


the party or the counsel who submits the
Cases requiring referral to the Lupon for same to disciplinary action, and shall be
conciliation under the provisions of cause to expunge the inadmissible
Presidential Decree No. 1508 where there affidavit or portion thereof from the record.
is no showing of compliance with such
requirement, SHALL BE DISMISSED SECTION 21. APPEAL
without prejudice and may be revived only
after such requirement shall have been The judgment or final order shall be
complied with. appealable to the appropriate Regional
Trial Court which shall decide the same.
Note: This provision SHALL NOT
APPLY to criminal cases where the The decision of the Regional Trial Court in
accused was arrested without a warrant. civil cases governed by this Rule,
including forcible entry and unlawful
SECTION 19. PROHIBITED PLEADINGS detainer, SHALL BE IMMEDIATELY
AND MOTIONS EXECUTORY, without prejudice to a
further appeal that may be taken
The following pleadings, motions or therefrom. Section 10 of Rule 70 shall be
petitions SHALL NOT BE ALLOWED in deemed repealed.
the cases covered by this Rule: (DaBaNa
PEMP D DIRT) SECTION 22. APPLICABILITY OF THE
REGULAR RULES
1. Motion to Dismiss the complaint or to
quash the complaint or information
The regular procedure prescribed in the
except on the ground of lack of
Rules of Court shall apply to the special
jurisdiction over the subject matter, or
cases herein provided for in a suppletory
failure to comply with the preceding
capacity insofar as they are not
section;
inconsistent herewith.
2. Motion for a Bill of particulars;
3. Motion for New trial, or for
SECTION 23. EFFECTIVITY
reconsideration of a judgment, or for
reopening of trial;
The Revised Rule on Summary Procedure
4. Petition for relief from judgment;
shall be effective on November 15, 1991.
5. Motion for Extension of time to file
pleadings, affidavits or any other
RULE ON DECLARATION OF ABSOLUTE
paper;
NULLITY OF VOID MARRIAGES AND
6. Memoranda;
ANNULMENT OF VOIDABLE MARRIAGES
7. Petition for certiorari, mandamus, or
prohibition against any interlocutory
order issued by the court; Supreme Court En Banc Resolution A.M.
8. Motion to Declare the defendant in 02-11-10-SC, Effective March 15, 2003
default;
9. Dilatory motions for postponement; RULE ON LEGAL SEPARATION
10. Reply;
11. Third-party complaints; Declaration of
12. Interventions. Absolute Nullity of Legal Separation
Void Marriages
SECTION 20. AFFIDAVITS
Who
Only the husband or Only the husband
may
The affidavits required to be submitted the wife. or the wife.
file
under this Rule shall state only facts of

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The petition must The certification and verification must be


be filed within 5 signed personally by the petitioner.
The action or
When years from the
defense does NOT
to file time of the NO petition may be filed solely by counsel
prescribe.
occurrence of the
or through an attorney-in-fact.
cause.
Exception: The petitioner is in a foreign
FAMILY COURT of the province or city
country. It may be verified and signed by
where the petitioner or the respondent
has been residing for at least 6 months the duly authorized officer of the
Where Philippine embassy or legation, consul
prior to the date of filing OR in case of a
to file general, consul or vice-consul or consular
NON-RESIDENT, where he may be
found in the Philippines, at the election of agent in said country. It shall be filed in six
the petitioner. (6) copies.

The petitioner shall serve a copy of the


Note: For the procedure for declaration of petition to the Office of the Solicitor
absolute nullity of void marriages, annulment General and the Office of the City or
of voidable marriages, and legal separation, Provincial Prosecutor, within five days
the Rules of Court shall apply suppletorily. from the date of its filing, and submit to
the court proof of such service within the
Contents of the Petition same period.
1. The complete facts constituting the
cause of action; Failure to comply with any of the
2. The names and the ages of the preceding requirements may be a ground
common children; for IMMEDIATE DISMISSAL of the
3. The regime concerning their property petition.
relations as well as the property included.
Summons
A petition under Article 36 of Family Code It shall be governed by Rule 14 of the Rules of
shall specifically allege the complete facts Court and the following rules:
showing that either or both parties were Where the respondent cannot be located
PSYCHOLOGICALLY INCAPACITATED or his whereabouts are unknown,
from complying with the essential marital SERVICE OF SUMMONS may, by leave
obligations of marriages at the time of the of court be effected by PUBLICATION
celebration of marriage even if such once a week for two (2) consecutive
incapacity becomes manifest only after its weeks in a newspaper of general
celebration. The complete facts should circulation in the Philippines and in such
allege the physical manifestations, if any, places as the court may order.
as are indicative of psychological
incapacity at the time of the celebration of A copy of the summons shall be served on
the marriage but expert opinion NEED the respondent at his last known address.
NOT BE ALLEGED.
The summons to be published shall be
If there is no adequate provision in a contained in an order of the court with the
written agreement between the parties, the following data:
petitioner MAY APPLY for a provisional 1. Title of the case;
order for: (SCAVO) 2. Docket number;
1. Spousal support; 3. Nature of the petition;
2. The Custody and support of common 4. The principal grounds of the petition;
children; 5. The relief prayed for;
3. Administration of community or 6. A Directive for the respondent to answer
conjugal property; within 30 days from the last issue of the
4. Visitation rights; and/or publication.
5. Other matters similarly requiring
urgent action. Motion to Dismiss

Form of the Petition General Rule: No motion to dismiss shall be


1. It must be verified; and allowed.
2. It must be accompanied by a certification
against forum shopping.

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Exception: On the ground of lack of prosecutor to investigate the non-


jurisdiction on the subject matter or over the appearance of the respondent and submit
parties. within 15 days thereafter a report to the
court stating whether his non-appearance
Any other ground that might warrant a is due to any collusion between the
dismissal of the case may be raised as an parties.
affirmative defense in an answer.
If there is no collusion, the court SHALL
Answer REQUIRE the public prosecutor to
It must be filed within 15 days from service of intervene for the State during the trial on
summons, or within 30 days from the last the merits to prevent the suppression or
issue of publication in case of service of fabrication of evidence.
summons by publication.
Notice of Pre-Trial
It must be VERIFIED by the respondent It shall be served separately on the parties
himself and not by counsel or attorney-in-fact. and their respective counsels as well as
If the respondent fails to file an answer, on the public prosecutor. It shall be their
the court SHALL NOT DECLARE him or duty to appear personally at the pre-trial.
her in default. It shall be sent to respondent even if he
fails to file an answer. In case of notice by
A grant of annulment of marriage or legal publication, it shall be sent at respondents
separation by default is fraught with the last known address.
danger of collusion. HENCE, in all cases for
annulment, declaration of nullity of marriage Contents of Notice of Pre-Trial
and legal separation, the prosecuting 1. The date of pre-trial conference; and
attorney or fiscal is ordered to appear on 2. An order directing the parties to file and
behalf of the State for the purpose of serve their respective pre-trial briefs in
preventing any COLLUSION between the such manner as shall ensure the receipt
parties and to take care that the EVIDENCE is thereof by the adverse party at least three
not fabricated or suppressed. (3) days before the date of pre-trial.

If the defendant-spouse fails to answer the Note: The pre-trial of a case for legal
complaint, the court cannot declare him or her separation shall be set by the court on a date
in default BUT INSTEAD, should order the not earlier than six (6) months from the date of
prosecuting attorney to determine if collusion the filing of the petition (Cooling Off Period).
exists between the parties. The prosecuting
attorney or fiscal may oppose the application Contents of Pre-Trial Brief:
for legal separation or annulment through the 1. A statement of the willingness of the
presentation of his own evidence, if in his parties to enter into agreements as may
opinion, the proof adduced is dubious and be allowed by law, indicating the desired
fabricated (Ancheta vs. Ancheta, G.R. No. terms thereof;
145370, March 4, 2004). 2. A concise statement of their respective
claims together with the applicable laws
Where no answer is filed or if the answer does and authorities;
not tender an issue, the court shall order the 3. Admitted facts and proposed stipulations
public prosecutor to investigate whether of facts, as well as the disputed factual
collusion exists between the parties. and legal issues;
4. All the evidence to be presented, including
Pre-Trial (Mandatory) expert opinion, if any, briefly stating or
describing the nature and purpose thereof;
Effect of failure to attend at the Pre-Trial: 5. The number and names of the witnesses
a. If the PETITIONER fails to appear and their respective affidavits; and
personally, the case shall be dismissed 6. Such other matters as the court may
unless his counsel or a duly authorized require.
representative appears in court and
proves a valid excuse for the non- Failure to file the pre-trial brief or to
appearance of the petitioner. comply with its required contents shall
b. If the RESPONDENT has filed his answer have the same effect as failure to appear
but fails to appear, the court shall proceed at the pre-trial.
with the pre-trial and require the public

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At the PRE-TRIAL CONFERENCE, the court: a. The civil status of persons;


1. may refer the issues to a mediator who b. The validity of a marriage or of a legal
shall render a report within one (1) month separation
from referral which, for good reasons, the c. Any ground for legal separation;
court may extend for a period not d. Future support;
exceeding one month; e. The jurisdiction of the courts; and
2. in case mediation is not availed of or f. Future legitime.
where it fails, the court shall proceed with
the pre-trial conference, on which Note: The enumeration is NOT EXCLUSIVE.
occasion it shall consider the advisability
of receiving expert testimony and such TRIAL
other matters as may aid in the prompt It shall be PERSONALLY CONDUCTED by
disposition of the petition. the presiding judge. No delegation of the
reception of evidence to a commissioner shall
Contents of Pre-Trial Order: be allowed except as to matters involving
1. The matters taken up in the conference; property relations of the spouses:
2. The action taken thereon; 1. The court may order the exclusion from
3. The amendments allowed on the the courtroom of all persons, including
pleadings; members of the press, who do not have a
4. Except as to the ground of declaration of direct interest in the case.
nullity or annulment, the agreements or 2. Such an order may be made if the court
admissions made by the parties on any of determines on the record that requiring a
the matters considered, including any party to testify in open court would not
provisional order that may be necessary or enhance the ascertainment of truth; would
agreed upon by the parties; cause to the party psychological harm or
5. The pre-trial order shall also contain a inability to effectively communicate due to
directive to the public prosecutor to appear embarrassment, fear, or timidity; would
for the State and take steps to prevent violate the right of a party to privacy; or
collusion between the parties at any stage would be offensive to decency or public
of the proceedings and fabrication or morals.
suppression of evidence during the trial on 3. No copy shall be taken nor any
the merits. examination or perusal of the records of
the case or parts thereof be made by any
The parties shall not be allowed to raise person other than a party or counsel of a
issues or present witnesses and evidence party, except by order of the court.
other than those stated in the pre-trial
order. The order shall control the trial of DECISION
the case, UNLESS modified by the court If the court renders a decision GRANTING the
to prevent manifest injustice. petition, it shall declare therein that the decree
of absolute nullity or decree of annulment shall
The parties shall have five (5) days from be issued by the court only after compliance
receipt of the pre-trial order to propose with Articles 50 and 51 of the Family Code as
corrections or modifications. implemented under the Rule on Liquidation,
Partition and Distribution of Properties.
IF THE ACTION SHALL PROCEED TO
TRIAL, the order shall contain a recital of the WHEN FINAL: Upon the expiration of 15 days
following: from notice to the parties. Entry of judgment
1. Facts undisputed, admitted, and those shall be made if no motion for reconsideration
which need not be proved subject to rule or new trial, or appeal is filed by any of the
on prohibited compromise; parties, the public prosecutor, or the Solicitor
2. Factual and legal issues to be litigated; General.
3. Evidence, including objects and
documents, that have been marked and NO judgment on the pleadings, summary
will be presented; judgment or confession of judgment
4. Names of witnesses who will be presented SHALL BE ALLOWED.
and their testimonies in the form of
affidavits; and Grounds for Denial of Petition for Legal
5. Schedule of the presentation of evidence. Separation (CCCPP)
1. The aggrieved party had Condoned the
Matters that cannot be Compromised offense or act complained of or has

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consented to the commission of the spouses, in the proper Registry of Deeds


offense or act complained of; where the real properties are located; and
2. There is Connivance in the commission of 3. The delivery of the childrens presumptive
the offense or act constituting the ground legitimes in cash, property, or sound
for legal separation; securities.
3. There is Collusion between the parties to
obtain the decree of legal separation; Except in case of children under Articles 36
4. Both parties have given ground for legal and 53 of the Family Code, the court shall
separation (In Pari Delicto); or order the Local Civil Registrar to issue an
5. The action is barred by Prescription. AMENDED BIRTH CERTIFICATE indicating
the new civil status of the children affected.
APPEAL
PRECONDITION: A motion for reconsideration The Court shall Issue the Decree Of Legal
or new trial within fifteen (15) days from the Separation After:
notice of judgment. 1. Registration of the entry of judgment
granting the petition for legal separation in
The petitioner must allege in the petition that the Civil Registry where the marriage was
the ordinary remedies of new trial, appeal, celebrated AND in the Civil Registry of the
petition for relief from judgment, under Rule 38 place where the Family Court is located;
of the Rules of Court are no longer available and
through no fault of hers; OTHERWISE, the 2. Registration of the approved partition and
petition will be dismissed. If the petitioner fails distribution of the properties of the
to avail of the remedies of new trial, appeal or spouses, in the proper Register of Deeds
relief from judgment through her own fault or where the real properties are located.
negligence before filing her petition with the
Court of Appeals, she cannot resort to the Within Five (5) Years from the Date the
remedy under Rule 47 of the Rules; otherwise, Decision Granting the Petition for Legal
she would benefit from her inaction or Separation has Become Final, the Innocent
negligence. (Republic vs. Sandiganbayan, 352 Spouse may:
SCRA 235 (2001) 1. File a petition under oath in the same
proceeding for legal separation to revoke
MODE OF APPEAL: Notice of appeal within the donations in favor of the offending
fifteen (15) days from notice of denial of the spouse, however, alienations, liens and
motion for reconsideration or new trial by the encumbrances registered in good faith
aggrieved party or the Solicitor General. before the recording of the petition for
revocation shall be respected; and
Effect of Death of a Party; Duty of the 2. Revoke the designation of the offending
Family Court or Appellate Court: spouse as a beneficiary in any insurance
policy even if such designation be
BEFORE the entry of judgment: The court stipulated as irrevocable.
shall order the case closed and terminated
without prejudice to the settlement of estate in RECONCILIATION
proper proceedings in the regular courts. If the spouses had RECONCILED, a joint
manifestation under oath duly signed by the
AFTER the entry of judgment: It shall be spouses, may be filed in the same proceeding
binding upon the parties and their successors- for legal separation.
in-interest in the settlement of the estate in the
regular courts. If Reconciliation Occurred:
WHILE the proceeding for legal separation is
The Court shall Issue the Decree of PENDING: The court shall issue an order
Declaration of Absolute Nullity or terminating the proceeding.
Annulment of Marriage After:
1. Registration of the entry of judgment AFTER rendition of judgment granting petition
granting the petition for declaration of the BEFORE issuance of the Decree: The court
nullity or annulment of marriage in the Civil shall issue a Decree of Reconciliation and
Registry where the marriage was specifying the regime of property relations of
celebrated and in the Civil Registry of the the spouses WHETHER the former is revived
place where the Family Court was located; or a new one is chosen (A verified motion for
2. Registration of the approved partition and revival of regime of property relations or the
distribution of the properties of the adoption of another regime must be filed in the

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same proceeding for the approval of the court


and should the same be approved, the
spouses shall cause the publication of such
verified petition for two (2) consecutive weeks
in a newspaper of general circulation).

AFTER the issuance of the DECREE: The


court shall issue a Decree of Reconciliation
BUT the separation of property and any
forfeiture of the share of the guilty spouse
already effected subsists UNLESS the
spouses agreed to revive their former regime
or adopt a new one.

Revival of Property Regime or Adoption of


Another Regime
1. In case of reconciliation under Section 23,
paragraph (c) , the parties SHALL FILE a
verified motion for REVIVAL of regime of
property relations or the adoption of
another regime of property relations in the
same proceeding for legal separation
attaching to said motion their agreement
for the approval of the court;
2. The AGREEMENT which SHALL BE
VERIFIED shall specify the following:
a. The properties to be contributed to the
restored or new regime;
b. Those to be retained as separate
properties of each spouse; and
c. The names of all their known
creditors, their addresses, and the
amounts owing to each.
3. The CREDITORS shall be furnished with
copies of the motion and the agreement;
4. The court shall require the spouses to
cause the publication of their verified
motion for TWO (2) consecutive weeks in
a newspaper of general circulation; and
5. AFTER DUE HEARING, and the court
decides to grant the motion, it shall issue
an order directing the parties to record the
order in the proper registries of property
WITHIN (30) THIRTY DAYS from receipt
of a copy of the order and submit proof of
compliance within the same period.

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ANNULMENT OF VOIDABLE MARRIAGES

Ground Who may file When to file Where to file

Within 5 years after


(A) The contracting party after
attaining the age of 21.
Marriage was solemnized attaining the age of 21.
without the consent of
the parents, guardian or
person having substitute The parent, guardian or
parental authority over At any time before such
person having legal
the party party has reached the age
charge of the contracting
of 21.
party. FAMILY COURT
of the province or city
The sane spouse who where the petitioner or
At any time before the
had no knowledge of the the respondent has
death of either party.
others insanity. been residing for at
(B) least 6 months prior to
Any relative, guardian or
Either party was of At any time before the the date of filing.
person having legal
unsound mind death of either party.
charge of the insane. - OR -
During a lucid interval OR
The insane spouse In case of a NON-
after regaining sanity.
RESIDENT, where he
(C) may be found in the
The consent of either Within 5 years after the Philippines, at the
Injured party
party was obtained by discovery of the fraud. election of the
fraud petitioner.

(D) Within 5 years from the


The consent of either time the force,
party was obtained by Injured party intimidation, or undue
force, intimidation or influence disappeared or
undue influence ceased.
(E)
Either party was
physically incapable of
Injured party Within 5 years after the
consummating the
celebration of the
marriage with the other,
marriage.
and such incapacity
continues and appears to
be incurable
(F)
Either party was afflicted
Within 5 years after the
with a sexually
Injured party celebration of the
transmissible disease
marriage.
found to be serious and
appears to be incurable

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PROCEDURE FOR DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES,


ANNULMENT OF VOIDABLE MARRIAGES AND LEGAL SEPARATION

File Verified Petition

Service of summons

No Answer
Answer (verified)

Investigation report of public


prosecutor

Pre-trial

Trial

Filing of Memoranda as the court may


require

Decision (Entry of judgment)

Liquidation, partition and distribution of properties


(Including custody, support of common children and delivery of their
presumptive legitimes UNLESS such matters had been adjudicated in
previous judicial proceedings)

Issuance of the Decree of Declaration of


Absolute Nullity OR Annulment of Marriage
OR Legal Separation

Registration and
Publication of the
Decree

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RE: PROPOSED RULE ON PROVISIONAL h. The physical and emotional conditions


ORDERS of the spouses;
i. The ability of the supporting spouse to
Supreme Court En Banc Resolution give support, taking into account that
A.M. 02-11-12-SC, Effective March 15, 2003 spouse's earning capacity, earned and
unearned income, assets, and
WHEN ISSUED: Upon receipt of a verified standard of living; and
petition for declaration of absolute nullity of j. Any other factor the court may deem
void marriage or for annulment of voidable just and equitable.
marriage, or for legal separation, and at any
time during the proceeding, the court, motu 4. The Family Court may direct the deduction
proprio or upon application under oath of any of the provisional support from the salary
of the parties, guardian or designated of the spouse.
custodian, may issue provisional orders and
protection orders with or without a hearing. Child Support
Common children are supported from the
These orders may be enforced properties of the absolute community or the
immediately, with or without a bond, and conjugal partnership.
for such period and under such terms and Subject to the sound discretion of the
conditions as the court may deem court, either parent or both may be
necessary. ordered to give an amount necessary for
the support, maintenance, and education
Spousal Support of the child. It shall be in proportion to the
In determining support for the spouses, the resources or means of the giver and to the
court may be guided by the following rules: necessities of the recipient.
1. In the absence of adequate provisions in a The Family Court may direct the deduction
written agreement between the spouses, of the provisional support from the salary
from the properties of the absolute of the parent.
community or the conjugal partnership.
2. The court may award support to either Factors in Awarding Child Custody
spouse in such amount and for such 1. Best interests of the child and shall give
period of time as the court may deem just paramount consideration to the material
and reasonable based on their standard of and moral welfare of the child;
living during the marriage. 2. Agreement;
3. The court may likewise consider the 3. Desire and ability of each parent to foster
following factors: an open and loving relationship between
a. Whether the spouse seeking support the child and the other parent;
is the custodian of a child whose 4. The child's health, safety, and welfare;
circumstances make it appropriate for 5. Any history of child or spousal abase by
that spouse not to seek outside the person seeking custody or who has
employment; had any filial relationship with the child,
b. The time necessary to acquire including anyone courting the parent;
sufficient education and training to 6. The nature and frequency of contact with
enable the spouse seeking support to both parents;
find appropriate employment, and that 7. Habitual use of alcohol or regulated
spouse's future earning capacity; substances;
c. Duration of the marriage; 8. Marital misconduct;
d. The comparative financial resources 9. Most suitable physical, emotional, spiritual,
of the spouses, including their psychological and educational
comparative earning abilities in the environment; and the preference of the
labor market; child, if over seven years of age and of
e. The needs and obligations of each sufficient discernment, unless the parent
spouse; chosen is unfit.
f. The contribution of each spouse to the
marriage, including services rendered Note: The court may award provisional
in home-making, child care, education, custody in the following order of preference:
and career building of the other (BEG BAO)
spouse; 1. To Both parents jointly;
g. The age and health of the spouses; 2. To Either parent;

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3. To the surviving Grandparent, or if there to such precautionary conditions it may


are several of them, to the grandparent impose.
chosen by the child over seven (7) years
of age and of sufficient discernment, The provisional order issued by the court shall
unless the grandparent is unfit or be registered in the proper Register of Deeds
disqualified; and annotated in all titles of properties subject
4. To the eldest Brother or sister over of the receivers hip or administration.
twenty-one (21) years of age, unless he
or she is unfit or disqualified; RE: PROPOSED RULE ON GUIDELINES TO
5. To the child's Actual custodian over BE OBSERVED BY TRIAL COURT JUDGES
twenty-one (21) years of age, unless AND CLERKS OF COURT IN THE
unfit or disqualified; or CONDUCT OF PRE-TRIAL AND USE OF
6. To any Other person deemed by the DEPOSITION-DISCOVERY MEASURES
court suitable to provide proper care and
guidance for the child. A.M. No. 03-1-09-SC
August 16, 2004
The custodian temporarily designated by
the court shall give the court and the PRE-TRIAL
parents five days notice of any plan to
change the residence of the child or take Civil Cases
him out of his residence for more than
three days provided it does not prejudice Within one day from receipt of the complaint:
the visitation rights of the parents. Summons shall be prepared and shall
contain a reminder to defendant to
Visitation Rights observe restraint in filing a motion to
Appropriate visitation rights shall be provided dismiss and instead allege the grounds
to the parent who is not awarded provisional thereof as defenses in the answer.
custody unless found unfit or disqualified by Issue an order requiring the parties to avail
the court. of interrogatories to parties under Rule 25
and request for admission by adverse
Hold Departure Order party under Rule 26 or at their discretion
Pending resolution of the petition, no child of make use of depositions under Rule 23 or
the parties shall be brought out of the country other measures under Rules 27 and 28
without prior order from the court. within five (5) days from the filing of the
answer. A copy of the order shall be
The court, motu proprio or upon application served upon the defendant together with
under oath, may issue ex-parte a hold the summons and upon the plaintiff.
departure order, addressed to the Bureau of
Immigration and Deportation, directing it not to Within five (5) days from date of filing of the
allow the departure of the child from the reply:
Philippines without the permission of the court. The plaintiff must promptly move ex parte
that the case be set for pre-trial
The Family Court issuing the hold departure conference; otherwise, the Branch COC
order shall furnish the Department of Foreign shall issue a notice of pre-trial
Affairs and the Bureau of Immigration and
At least three (3) days before the pre-trial,
Deportation of the Department of Justice a pre-trial briefs must be filed
copy of the hold departure order issued within
At the start of the pre-trial conference,
twenty-four hours from the time of its issuance
refer to mediation immediately.
and through the fastest available means of
transmittal.
If mediation fails, the judge will schedule the
Administration of Common Property CONTINUANCE of the pre-trial conference.
If a spouse without just cause abandons the Before the continuance, the Judge may refer
other or fails to comply with his or her the case to the Branch COC for a preliminary
obligations to the family, the court may, upon conference.
application of the aggrieved party under oath,
issue a provisional order appointing the During the pre-trial, the judge shall be the one
applicant or a third person as receiver or sole to ask questions on issues raised therein and
administrator of the common property subject all questions or comments by counsel or

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parties must be directed to the judge to avoid the plea offered by the accused, the court
hostilities between the parties. shall:
a. Issue an order which contains the plea
Pre-Trial Order issued within ten (10) days bargaining arrived at;
after the termination of the pre-trial. b. Proceed to receive evidence on the civil
The court shall endeavor to make the aspect of the case; and
parties agree to an equitable compromise c. Render and promulgate judgment of
or settlement at any stage of the conviction, including the civil liability or
proceedings before rendition of judgment. damages duly established by the
evidence.
Criminal Cases
Before arraignment, the Court shall issue Pre-trial Order issued within ten (10) days
an order directing the public prosecutor to after the termination of the pre-trial.
submit the record of the preliminary
investigation to the COC for the latter to RE: PHILJA RESOLUTION NO. 06-22, RE:
attach the same to the record of the REVISED GUIDELINES FOR THE
criminal case. IMPLEMENTATION OF AN ENHANCED
Where the accused is under preventive PRE-TRIAL PROCEEDING UNDER THE
detention, his case shall be raffled and its JURIS PROJECT, AS AMENDED
records transmitted to the judge to whom
the case was raffled within three (3) days A.M. No. 04-1-12-SC-PhilJA
from the filing of the complaint or August 29, 2006
information.
In JURIS model courts, mediatable cases are
Arraignment - within ten (10) days from the referred to:
date of the raffle. 1. COURT-ANNEXED MEDIATION (CAM)
for mediation under accredited mediators
Pre-trial - within ten (10) days after in the Philippine Mediation Center (PMC);
arraignment unless a shorter period is and
provided for by law. 2. subsequently referred to JUDICIAL
After the arraignment - set the pre-trial
DISPUTE RESOLUTION (JDR) for
further mediation by the judges if it is not
conference within thirty (30) days from the
resolved under CAM.
date of arraignment, and issue an order:
a. Requiring the private offended party to
appear thereat for purposes of plea- If the case is still not settled in JDR,
bargaining except for violations of the the case is transferred to the pairing
Comprehensive Dangerous Drugs Act of court to proceed with trial.
2002, and for other matters requiring his
presence; Concept
b. Referring the case to the Branch COC, if The goal of JURIS in JDR is to strengthen
warranted, for a preliminary conference to conciliation in the model court sites during
be set at least three (3) days prior to the the pre-trial stage in order to expedite the
pre-trial to mark the documents or exhibits resolution of cases and thereby help
to be presented by the parties and copies decongest court dockets by utilizing the
thereof to be attached to the records after following models:
comparison and to consider other matters 1. JDR judge as mediator;
as may aid in its prompt disposition; 2. JDR judge as conciliator;
c. Informing the parties that no evidence 3. JDR judge as early neutral evaluator;
shall be allowed to be presented and 4. A combination of any of the above;
offered during the trial other than those and
identified and marked during the pre-trial 5. Such other models as the Design and
except when allowed by the court for Management Committee may find
good cause shown. adaptable to the local setting.

During the pre-trial, except for violations of the As a MEDIATOR AND CONCILIATOR,
Comprehensive Dangerous Drugs Act of the judge facilitates the settlement
2002, the trial judge shall consider plea- discussions between parties and tries to
bargaining arrangements. Where the reconcile their differences.
prosecution and the offended party agree to

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As a NEUTRAL EVALUATOR, the judge family court in the same JURIS site,
assesses the relative strengths and the trial judge shall be that of the
weaknesses of each party's case and family court which did not conduct
makes a non-binding and impartial JDR proceedings.
evaluation of the chances of each party's
success in the case. On the basis of his 4. Commercial Courts - The JDR of
neutral evaluation, the judge persuades commercial disputes shall be
the parties to reconsider their prior conducted by the pair judge of the
reluctance to settle their case amicably. commercial court. Where JDR does
The entire process comprises JDR. not succeed, the judge of the
commercial court shall be the trial
Judicial proceedings shall be divided into judge.
two stages:
1. from the filing of a complaint, to 5. Referral to CAM.
the conduct of CAM and JDR
during the pre-trial stage; and 6. Duration of JDR - For the first level
courts, JDR shall be for a period not
JDR judge - The judge to whom the exceeding thirty (30) days from the
case has been originally raffled shall time the parties first appeared for
preside over the first stage. JDR. For the second level courts,
JDR shall be for a period not
2. Pre-trial proper to trial and exceeding sixty (60) days. However,
judgment. a longer period may be granted upon
discretion of the JDR judge if there is
The general rule is that the JDR a high probability of settlement.
Judge shall NOT preside over the trial
of the same case when mediation did 7. Archiving - In the criminal cases
not succeed. covered by mediation, where
settlement on the civil aspect has
Procedure been reached but the period of
1. Multiple Sala Court - If the case is payment in accordance with the
not resolved during JDR, it shall be terms of settlement exceeds one (1)
raffled to another branch, where the year, the case may be archived upon
rest of the judicial proceedings up to motion of the prosecution with
judgment shall be held. The judge for concurrence of the private
that stage shall be called the TRIAL complainant and approval by the
JUDGE. Any incidents or motions judge.
filed during the first stage shall be
dealt with by the JDR judge at his 8. JDR During Trial - Cases may be
discretion. referred to JDR even during the trial
stage upon joint motion of the parties.
2. Single Sala Court - In this situation, If the motion is granted, the JDR shall
the case shall be transferred for be conducted by the pairing judge in
mediation to the nearest court (or pair multiple sala courts, or in single sala
court, if any), since only mediation is courts, by the nearest court (or pair
involved. Whatever the result of the court, if any) regardless of the level of
mediation may be, the case is always the latter court. Whatever the result
returned to the originating court for of the JDR may be, the case is
appropriate action - either for the always returned to the originating
approval of the compromise court for appropriate action - either for
agreement or for trial. the approval of the compromise
agreement or for trial.
3. Family Courts - Due to the special
nature of a family dispute for which 9. Any Settlement Period declared by
specialized family courts have been the Supreme Court is understood to
designated, parties may file a joint include JDR and, therefore, half of all
motion requesting that the case be cases referred to mediation shall be
tried by said special court despite the for JDR settlement. The procedure
judge thereon having been the JDR shall be as stated in Section 8 above,
judge. However, if there is another except that no motion is required

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from the parties. affinity, in default of those mentioned in


the preceding paragraph. (Section 2)
10. Confidentiality
To safeguard the confidentiality of Extralegal Killings killings committed
mediation proceedings, the JDR without due process of law (e.g. salvage,
judge shall not pass on any summary and arbitrary executions).
information obtained in the course of
conciliation, early neutral evaluation, Enforced Disappearances arrest, detention
or mediation to the trial judge or to or abduction of a person by a government
any other person. All JDR officer or organized groups or private
conferences shall be conducted in individuals acting with direct or indirect
private. The JDR judge may, acquiescence of the government; refusal of
however, confer in confidence with the state to disclose the fate or whereabouts of
the mediator who previously the person concerned or refusal to
mediated the case, merely for the acknowledge the deprivation of liberty which
purpose of determining unresolved places such persons outside the protection of
issues. law.

Settlement
Where to file
If settlement is reached, the parties, with 1. Regional Trial Court where the petitioner
assistance of their counsel, shall draft the or respondent resides, or that which has
compromise agreement for approval of
jurisdiction over the place where the data
the court by judgment upon a
or information is gathered, collected or
compromise. Where compliance with the stored, at the option of the petitioner.
compromise agreement is forthwith made 2. Supreme Court or the Court of Appeals or
or the claim is otherwise settled, the the Sandiganbayan when the action
parties shall instead submit a satisfaction
concerns public data files of government
of claims or mutual withdrawal of the
offices.(Section 3)
complaint and counterclaim upon which
the Court shall enter an order dismissing Where Returnable
the case. When issued by:
1. The RTC or any judge thereof returnable
RULE ON THE WRIT OF HABEAS DATA before such court or judge
2. CA or the Sandiganbayan or any of its
A. M. No. 08-1-16-SC justices before such court or any justice
January 22, 2008 thereof, or to any Regional Trial Court of
EFFECTIVITY: February 2, 2008 the place where the petitioner or
respondent resides, or that which has
WRIT OF HABEAS DATA jurisdiction over the place where the data
A remedy available to any person whose right or information is gathered, collected or
to PRIVACY IN LIFE, LIBERTY OR stored.
SECURITY is violated or threatened by an 3. SC or any of its justices before such
unlawful act or omission of a public official or Court or any justice thereof, or before the
employee, or of a private individual or entity Court of Appeals or the Sandiganbayan or
engaged in the gathering, collecting or storing any of its justices, or to any Regional Trial
of data or information regarding the person, Court of the place where the petitioner or
family, home and correspondence of the respondent resides, or that which has
aggrieved party. (Section 1) jurisdiction over the place where the data
or information is gathered, collected or
stored. (Section 4)
Who may file
Any aggrieved party may file a petition for the Note: THE WRIT OF HABEAS DATA
writ of habeas data. However, in cases of SHALL BE ENFORCEABLE ANYWHERE IN
extralegal killings and enforced THE PHILIPPINES.
disappearances, the petition may be filed by:
1. Any member of the immediate family of Docket Fees
the aggrieved party, namely: the spouse, NO docket and other lawful fees shall be
children and parents; or required from an indigent petitioner. (Section
2. Any ascendant, descendant or collateral 5)
relative of the aggrieved party within the
fourth civil degree of consanguinity or

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Note: Petition for a writ of habeas data must 6. Third-party complaint;


be VERIFIED. 7. Reply;
8. Motion to declare respondent in default;
Contents of The Petition (P-MALRO) 9. Intervention;
1. Personal circumstances of the petitioner 10. Memorandum;
and respondent; 11. Motion for reconsideration of interlocutory
2. The Manner the right of privacy is violated orders or interim relief orders; and
or threatened; 12. Petition for certiorari, mandamus or
3. Actions and recourses taken by petitioner prohibition against any interlocutory order.
to secure the date or information;
4. Location of the files, registers or database, No New Trial and Petition for Relief from
the government office, person in charge, in judgment under prohibited pleadings.
possession and control of the data, if
known; In case respondent fails to file a return
5. Reliefs prayed for; and court shall proceed to hear the petition ex
6. Other relevant reliefs as are just & parte, granting the petitioner such relief as
equitable. the petition may warrant unless the court
in its discretion requires the petitioner to
Issuance of the Writ submit evidence.
Upon the filing of the petition, the court, justice
or judge shall immediately order the issuance Note: Making a false return, or refusing to
of the writ if on its face it ought to issue. make a return; or any person who otherwise
Clerk of court (COC) shall issue the writ disobeys or resists a lawful process or order of
under the seal of the court and cause it to the court shall be punished by CONTEMPT.
be served within three (3) days from the
issuance; or, in case of urgent necessity, Hearing
the justice or judge may issue the writ SUMMARY but the judge may call a
under his or her own hand, and may preliminary conference to simplify the issues
deputize any officer or person serve it. and determine the possibility of obtaining
(COCs refusal to issue the writ: stipulations and admissions from the parties.
CONTEMPT without prejudice to other
disciplinary actions) Judgment
Court to render judgment within ten (10) days
The writ shall also set the date and time from the time the petition is submitted for
for summary hearing of the petition which decision.
shall not be later than ten (10) working If the allegations in the petition are proven
days from the date of its issuance. by substantial evidence, the court shall
enjoin the act complained of, or order the
Return deletion, destruction, or rectification of the
Respondent shall file a verified written return erroneous data or information and grant
together with supporting affidavits within five other relevant reliefs as may be just and
(5) working days from service of the writ, equitable OTHERWISE, the privilege of
which period may be reasonably extended by the writ shall be denied.
the Court for justifiable reasons. (General Upon its finality, judgment enforced within
Denial of the allegations in the petition not five (5) working days.
allowed.)
Appeal
Defenses Available To Respondent Within five (5) days to appeal to the SC under
(Heard in Chambers) shall compromise: Rule 45 and may raise questions of fact or law
National security, State secrets and Privileged or both.
character
Institution of Separate Actions
Prohibited Pleadings and Motions Filing of a petition for the writ of habeas data
1. Motion to dismiss; SHALL NOT PRECLUDE the filing of separate
2. Motion for extension of time to file return, criminal, civil or administrative actions.
opposition, affidavit, position paper and
other pleadings; Consolidation:
3. Dilatory motion for postponement; 1. When a criminal action is filed subsequent
4. Motion for a bill of particulars; to the filing of a petition for the writ, the
5. Counterclaim or cross-claim;

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latter shall be consolidated with the Not explicitly provided in the Constitution;
criminal action. IMPLIED under the GRAVE ABUSE
2. When a criminal action and a separate CLAUSE (review powers of the SC).
civil action are filed subsequent to a
petition for a writ of habeas data, the Limited to LIFE, LIBERTY and SECURITY
petition shall be consolidated with the because there are other enforced
criminal action. remedies.

After consolidation, the procedure under Broad enough to encompass both


this Rule shall continue to govern the ACTUAL and THREATENED violation of
disposition of the reliefs in the petition. Human Rights.

When a criminal action has been Who May File: (Order of Preference)
commenced, NO separate petition for the By the aggrieved party or by any qualified
writ shall be filed. The relief under the writ person or entity in the following order:
shall be available to an aggrieved party by 1. Any MEMBER OF THE IMMEDIATE
motion in the criminal case. FAMILY, namely: the spouse, children and
parents of the aggrieved party;
The procedure under this Rule shall govern 2. Any ASCENDANT, DESCENDANT OR
the disposition of the reliefs available under COLLATERAL RELATIVE of the
the writ of habeas data. aggrieved party within the fourth civil
degree of consanguinity or affinity, in
RULE ON THE WRIT OF AMPARO default of those mentioned in the
preceding paragraph; or
A.M. No. 07-9-12-SC 3. Any CONCERNED CITIZEN,
September 25, 2007 ORGANIZATION, ASSOCIATION OR
INSTITUTION, if there is no known
EFFECTIVITY: October 24, 2007 to coincide member of the immediate family or relative
with the United Nations Day of the aggrieved party.

Writ of Amparo Filing of a petition by the AGGRIEVED


A remedy available to any person whose PARTY SUSPENDS the right of all other
RIGHT TO LIFE, LIBERTY AND SECURITY authorized parties to file similar petitions.
IS VIOLATED OR THREATENED with
violation by an unlawful act or omission of a Likewise, the filing of the petition by an
public official or employee, or of a private AUTHORIZED PARTY on behalf of the
individual or entity. aggrieved party SUSPENDS the right of all
others, observing the order established
It covers extralegal killings and enforced herein.
disappearances or threats thereof
(Applicable in pending cases due to the Ratio: To prevent the indiscriminate and
remedial nature of the writ). groundless filing of petitions for amparo which
may even prejudice the right to life, liberty or
Writ of Amparo (to protect) originated in security of the aggrieved party.
Mexico
a. Amparo Libertad for the protection of Where To File
personal freedom equivalent to Habeas Same as the petition for writ of habeas data
Corpus writ; except that if filed in the RTC, it should be in
b. Amparo Contra Leyes for judicial such court where the threat, act or omission
review of constitutionality of statutes; was committed or any of its elements
c. Amparo Casacion for judicial review of occurred.
constitutionality and legality of judicial
decisions; Note: Basically similar to the Rule on
d. Amparo Administrativo for judicial petitions for the writ of habeas corpus. It is,
review of administrative actions; and however, different because it includes the
e. Amparo Agrario protection of peasants Sandiganbayan for the reason that public
rights derived from agrarian reform officials and employees will be respondents in
process. amparo petitions.

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Where Returnable; Enforceable Interim Reliefs Available: (TWIP)


Same as in the petition for writ of habeas data 1. Temporary Protection Order (TPO);
2. Inspection Order (IO);
Note: Due to the extraordinary nature of the 3. Production Order (PO);
writ, which protects the mother of all rights 4. Witness Protection Order (WPO).
the right to life the petition may be filed on
any day, including Saturdays, Sundays and Note: Interim reliefs available to the parties
holidays; and at any time, from morning until are distinct features of the writ of amparo.
evening.
TPO and WPO need not be verified and
No Docket Fees may be issued motu proprio or ex parte
Ratio: The enforcement of these sacrosanct unlike IO and PO.
rights should not be frustrated by lack of
finances. IO and PO (verified) are available to both
petitioner and respondent.
Issuance of the Writ
Upon the filing of the petition, the court, justice Burden of Proof and Standard of Diligence
or judge shall immediately order the issuance Required:
of the writ if on its face it ought to issue. Parties shall establish their claims by
The writ should set the date and time for substantial evidence.
SUMMARY hearing of the petition which
shall not be later than SEVEN (7) DAYS If respondent is a private individual or
from the date of its issuance. entity, must prove that ordinary diligence
as required by applicable laws, rules and
Return (comment or answer to the petition) regulations was observed in the
performance of duty. If a public official or
Respondent shall file a verified written return employee, extraordinary diligence is
together with supporting affidavits within five required.
(5) working days after service of the writ.
Presumption of regularity in the
NO GENERAL DENIAL the policy is to performance of official duty CANNOT be
require revelation of all evidence relevant invoked which is in accord with current
to the petition. jurisprudence on custodial interrogation
and search warrant cases.
Avoids the ineffectiveness of the writ of
habeas corpus, where often the Judgment
respondent makes a simple denial in the The court shall render judgment within ten (10)
return that he or she has custody over the days from the time the petition is submitted for
missing person, and the petition is decision.
dismissed.
No enforcement of 5 days like in Habeas
Defenses Not Pleaded Deemed Waived in Data
consonance with the summary nature of the
proceedings and to prevent its delay. Appeal
Within 5 days to appeal to the SC under Rule
Prohibited Pleadings and Motions 45 and may raise questions of fact or law or
Same as in habeas data both.

Allows the filing of MOTION for NEW Ratio: Amparo proceedings involve
TRIAL and PETITION FOR RELIEF from determination of facts considering its subject
judgment because denial of these extralegal killings and enforced
remedies may jeopardize the rights of the disappearances.
aggrieved party.
Archiving and Revival of Cases
Effect of Failure to File Return: The court shall NOT dismiss the petition,
The judge shall hear the petition ex parte. but shall archive it, if upon its
determination it cannot proceed for a valid
Hearing cause such as the failure of petitioner or
SUMMARY, same as in habeas data. witnesses to appear due to threats on their
lives. (Liberalized Rule on Dismissal)

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The petition shall be dismissed with Application for DNA Testing Order
prejudice upon failure to prosecute the The appropriate court may, at any time, either
case after the lapse of two (2) years from motu proprio or on application of any person
notice to the petitioner of the order who has a legal interest in the matter in
archiving the case. litigation, order a DNA testing.

Institution of Separate Actions Order granting the DNA testing shall be


Same as in habeas data; Amparo court may IMMEDIATELY EXECUTORY and shall
refer the case to DOJ for criminal prosecution. NOT BE APPEALABLE.

Effect of Filing of a Criminal Action: Petition for certiorari initiated therefrom


Same as in habeas data. shall not, in any way, stay the
implementation thereof, unless a higher
Consolidation court issues an injunctive order.
Same as in habeas data.
Grant of DNA testing application shall not
RULE ON DNA EVIDENCE be construed as an automatic admission
into evidence of any component of the
A.M. No. 06-11-5-SC DNA evidence that may be obtained as a
October 2, 2007 result thereof.

EFFECTIVITY: October 15, 2007 Post-Conviction DNA Testing


Post-conviction DNA testing may be available,
Scope WITHOUT need of prior court order, to the
The Rule shall apply whenever DNA evidence, prosecution or any person convicted by final
as defined in Section 3 hereof, is offered, and executory judgment provided that:
used, or proposed to be offered or used as a. a biological sample exists;
evidence in all criminal and civil actions as well b. such sample is relevant to the case; and
as special proceedings. c. the testing would probably result in the
reversal or modification of the judgment of
Biological sample any organic material conviction.
originating from a person's body, even if found
in inanimate objects, that is susceptible to DNA Testing Results
DNA testing. This includes blood, saliva and 1. DNA results that EXCLUDE the putative
other body fluids, tissues, hairs and bones. parent from paternity shall be
CONCLUSIVE proof of non-paternity.
DNA (Deoxyribonucleic Acid) the chain of 2. If the value of the Probability of Paternity is
molecules found in every nucleated cell of the LESS THAN 99.9%, the results of the
body. The totality of an individuals DNA is DNA testing shall be considered as
unique for the individual, except identical CORROBORATIVE evidence.
twins. 3. If equivalent to 99.9% OR HIGHER there
shall be a DISPUTABLE PRESUMPTION
DNA Evidence constitutes the totality of the of paternity.
DNA profiles, results and other genetic
information directly generated from DNA Remedy if the Results are Favorable to the
testing of biological samples. Convict:
The convict or the prosecution may file a
DNA Testing verified and credible scientific petition for a WRIT OF HABEAS CORPUS
methods which include the extraction of DNA in the court of origin.
from biological samples, the generation of If the court finds that the petition is
DNA profiles and the comparison of the meritorious, if shall reverse or modify the
information obtained from the DNA testing of judgment of conviction and order the
biological samples for the purpose of release of the convict, unless continued
determining, with reasonable certainty, detention is justified for a lawful cause.
whether or not the DNA obtained from two or A similar petition may be filed either in the
more distinct biological samples originates Court of Appeals or the Supreme Court, or
from the same person (Direct Identification) with any member of said courts, which
or if the biological samples originate from may conduct a hearing thereon or remand
related persons (Kinship Analysis). the petition to the court of origin and issue
the appropriate orders.

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Note: DNA profiles and all results or other WHEN may summons not be issued (Sec.
information obtained from DNA testing shall be 4d)
CONFIDENTIAL (may only be released upon 1. If it appears from the petition that both
order of the court). parents of the child are dead; or
2. That neither parent can be found in the
Applicability to Pending Cases: shall apply province or city where the court is located
to cases pending at the time of its effectivity and the child has no guardian residing
except as provided in Sections 6 and 10 of therein.
this Rule (post-conviction DNA testing).
Note: In case no summons is issued, the
RE: PROPOSED RULE ON COMMITMENT court has the duty of appointing a guardian ad
OF CHILDREN litem and shall proceed with the hearing of the
case with due notice to the provincial or city
prosecutor.
A.M. No. 02-1-19-SC
April 15, 2002
Note: There is no answer here. Only hearing
is required.
DEFINITIONS (Sec. 3)
Childs Right to Counsel (Sec. 4g)
Disabled child includes mentally retarded,
The court, upon request of the child capable of
physically handicapped, emotionally disturbed
forming his own views or upon request of his
and mentally ill children, children with cerebral guardian ad litem, shall appoint a lawyer to
palsy and those with similar afflictions.
represent him in the proceedings.
Commitment or surrender of a child is the
Judgment (Sec. 4j)
legal act of entrusting a child to the care of the
If, after hearing, the court shall find the child to
Department or any duly licensed child-
be dependent, abandoned, or neglected, it
placement or child-caring agency or individual
shall render judgment committing him to the
by the court, parent or guardian or any
care and custody of the DSWD or any child-
interested party.
placement or child-caring agency or individual.
Involuntarily committed child is one whose
However, if the court finds that the
parents have been permanently and judicially
abandonment or neglect of the child may be
deprived of parental authority due to
remedied, the child may be allowed to stay in
abandonment; substantial, continuous, or
his home under the care and custody of his
repeated neglect; abuse; or incompetence to
parents, subject to the supervision of the
discharge parental responsibilities in
DSWD.
accordance with Section 4 herein.
VOLUNTARY COMMITMENT
Voluntarily committed child is one whose
parents knowingly and willingly relinquished
WHO may file and on WHAT GROUNDS
parental authority to the Department or any
(Sec. 5)
duly licensed child-placement or child-caring
The parent or guardian of a dependent,
agency or individual in accordance with
abandoned or neglected child may voluntarily
Section 3 herein.
commit him to the Department or any duly
licensed child-placement or child-caring
INVOLUNTARY COMMITMENT agency or individual subject to the rules of the
WHO may file (Sec. 4a) Department. However, no child shall be
1. The Secretary of the DSWD; committed unless he is surrendered in writing
2. His authorized representative; by his parents or guardian stating such
3. Any child-placement or child-caring voluntary commitment and specifically naming
agencies. the office, agency, or individual to whose
custody the child is to be committed. Such
Venue (Sec. 4b) written instrument should be notarized and
Family Court of the province or city in which signed in the presence of an authorized
the parent or guardian resides or where the representative of the Department after
child is found. counseling and other services have been
made available to encourage the child's
WHO shall be summoned (Sec. 4d) parents to keep the child.
1. Parent or guardian of the child;
2. Office of the public prosecutor.

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COMMITMENT OF DISABLED If parents or guardians died or cannot be


found, no summons can be issued unless
WHO may file (Sec. 6a) the court appoints a guardian ad litem (a
Where a child appears to be mentally lawyer may be appointed a guardian ad
retarded, physically handicapped, emotionally litem).
disturbed, mentally ill, with cerebral palsy or
with similar afflictions and needs institutional Public Prosecutor to appear for the State.
care but his parents or guardians are opposed
thereto, the Department, or any duly licensed The judge shall also make provisions for
child-placement or child-caring agency or custody of property or money of the child.
individual may file a verified petition for
commitment of the said child to any reputable If it can be remedied, the judge will order
institution providing care, training and the parents to take care of the child
rehabilitation for disabled children. subject to the Departments supervision.

The parents or guardian of the child may file a The court may allow temporary custody of
similar petition in case no immediate the child to another person by verified
placement can be arranged for the disabled motion (for one (1) month and may be
child when his welfare and interests are at extended for another month); in such
stake. case, the agency will file a verified report
after one (1) month of temporary custody
Discharge of Judicially Committed by another.
Disabled Child (Sec. 6f)
Upon motion of the parent, guardian or Removal of custody (by motion filed by the
institution to which the child has been judicially Department or its representative on the
committed under this Rule, the court, after ground of neglect (in the same
hearing, shall order the discharge of such child proceeding, the court may suspend or
if it is established and certified by the revoke the license of the agency).
Department that:
1. He is no longer a danger to himself and Verified motion for restoration of parental
the community; authority from involuntary commitment
2. He has been sufficiently rehabilitated from provided that the child is not yet adopted
his physical handicap or if of working age, (any person may be allowed to intervene).
is already fit to engage in gainful
occupation; or VOLUNTARY COMMITMENT by the
3. He has been sufficiently relieved of his parent/guardian may be done through writing
psychological, mental and emotional and should be notarized and signed.
problems and is ready to assume normal
VENUE for removal of Custody: FC where
social relations.
the agency has residence or where the
child is found (through a verified petition
Quick Guide stating exhausting of administrative
Rule On Commitment of Children remedies).
The petition for restoration of parental
3 petitions available:
authority after voluntary commitment must
1. Involuntary commitment,
be filed within six (6) months from the
2. voluntary commitment; and
voluntary commitment.
3. commitment of disabled
COMMITMENT OF DISABLED is through a
INVOLUNTARY COMMITMENT of a child to
verified petition
be filed by VERIFIED petition by the
GROUNDS for COMMITMENT of
Department of Health or any placement
DISABLED: where the child appears to be
agency.
mentally retarded, emotionally disturbed,
VENUE: Family Court where parent or
mentally ill, with cerebral palsy or with
guardian resides or where the child is
similar afflictions and needs institutional
found.
care but his parents/guardians are
opposed to his commitment; the
Summons is issued to the parents or Department or any licensed caring agency
guardian AND the Office of the Public may file a petition.
Prosecutor not less than five (5) days from
the hearing of the petition.

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VENUE: where the parent resides or where adjoin each other and the parties
the child is found. thereto agree to submit their
differences to amicable settlement by
KATARUNGANG PAMBARANGAY BOOK 3, an appropriate lupon; and
TITLE 1, CHAPTER 7 OF THE LOCAL 7. Such other classes or disputes which
GOVERNMENT CODE the President may determine in the
interest of justice or upon the
A. LUPONG TAGAPAMAYAPA (Sec. 399) recommendation of the Secretary of
Justice.
Composed of the Punong Barangay as
chairman and ten (10) to twenty (20) The court in which non-criminal cases not
members. falling within the authority of the lupon
under this Code are filed, may, at any time
The lupon shall be constituted every three before the trial, motu proprio refer the case
(3) years. to the lupon concerned for amicable
settlement.
B. PANGKAT NG TAGAPAGKASUNDO
D. PROCEDURE FOR AMICABLE
This is the conciliation panel, or Pangkat, SETTLEMENT (Sec. 410)
drawn from the Lupon and constituted for
a particular case. It is composed of three Who may initiate proceedings
(3) members chosen by the parties from Upon payment of the appropriate filing fee,
the list of lupon members. any individual who has a cause of action
against another individual involving any
If the parties cannot agree, the Pangkat matter within the authority of the lupon
members shall be chosen by lots drawn by may complain, orally or in writing, to the
the Lupon Chairman. lupon chairman of the barangay.

C. SUBJECT MATTER FOR AMICABLE Mediation by the lupon chairman


SETTLEMENT; EXCEPTION THERETO Upon receipt of the complaint, the lupon
(Sec. 408) chairman shall within, the next working
day, summon the respondents, with notice
General Rule: All disputes may be the to the complainants for them and their
subject of the barangay proceedings for witnesses to appear before him for a
amicable settlement, mediation of their conflicting interests.

Except: (G-PIN-RAP) If he fails in the mediation within fifteen


1. Where one party is the Government or (15) days from the first meeting of the
any subdivision or instrumentality parties before him, he shall forthwith set a
thereof ; date for the constitution of the pangkat.
2. Where one party is a Public officer or
employee, and the dispute relates to Suspension of prescriptive period of
the performance of his official offenses
functions; While the dispute is under mediation,
3. Offenses punishable by Imprisonment conciliation, or arbitration, the prescriptive
exceeding one year or a fine periods for offenses and cause of action
exceeding Five thousand pesos under existing laws shall be interrupted
(P5,000); upon filing of the complaint with the
4. Offenses where there is No private punong barangay.
offended party;
5. Where the dispute involves Real The prescriptive periods shall resume
properties located in different cities or upon receipt by the complainant of the
municipalities unless the parties complaint or the certificate of repudiation
thereto agree to submit their or of the certification to file action issued
differences to amicable settlement by by the lupon or pangkat secretary;
an appropriate lupon; Provided, however, that such interruption
6. Disputes involving parties who shall not exceed sixty (60) days from the
Actually reside in barangays of filing of the complaint with the punong
different cities or municipalities, barangay.
except where such barangay units

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Issuance of summons, hearings, and in accordance with the procedure


grounds for disqualification hereinafter prescribed.
The pangkat shall convene not later than
three (3) days from its constitution, on the The arbitration award shall be made
day and hour set by the lupon chairman, to after the lapse of the period of
hear both parties and their witnesses, repudiation and within ten (10) days
simplify issues, and explore all possibilities thereafter.
for amicable settlement. For this purpose,
the pangkat may issue summons for the 2. The arbitration award shall be in
personal appearance of parties and writing in a language or dialect known
witnesses before it. to the parties. When the parties to the
dispute do not use the same language
In the event that a party moves to or dialect, the award shall be written in
disqualify any member of the pangkat by a language or dialect known to them.
reason of relationship, bias, interest, or
any other similar grounds discovered after H. PROCEEDINGS OPEN TO THE PUBLIC:
the constitution of the pangkat, the matter EXCEPTION (Sec. 414)
shall be resolved by the affirmative vote of
the majority of the pangkat whose decision All proceedings for settlement shall be
shall be final. Should disqualification be public and informal; Provided, however,
decided upon, the resulting vacancy shall That the lupon chairman or the pangkat
be filled as herein provided for. chairman, as the case may be, may motu
proprio or upon request of a party, exclude
Period to arrive at a settlement the public from the proceedings in the
The pangkat shall arrive at a settlement or interest of privacy, decency or public
a resolution of the dispute within fifteen morals.
(15) days from the day it convenes. This
period shall, at the discretion of the I. APPEARANCE OF PARTIES IN
pangkat, be extendible for another period PERSON (Sec. 415)
which shall not exceed fifteen (15) days,
except in clearly meritorious cases. In all Katarungang Pambarangay
proceedings, the parties must appear in
E. FORM OF SETTLEMENT (Sec. 411) person without the assistance of counsel
or representative, except for minors and
All amicable settlement shall be in writing, incompetents who may be assisted by
in a language or dialect known to the their next-of-kin who are not lawyers.
parties, signed by them and attested to by
the lupon chairman as the case may be. J. EFFECT OF AMICABLE SETTLEMENT
When the parties to the dispute do not use AND ARBITRATION AWARD (Sec. 416)
the same language or dialect, the
settlement shall be written in the language General Rule: The amicable settlement
or dialect known to them. and arbitration award shall have force and
effect of a final judgment of a court upon
F. CONCILIATION AMONG MEMBERS OF the expiration of ten (10) days from the
INDIGENOUS GROUPS (Sec. 412) date thereof, unless repudiation of the
settlement has been made or a petition to
The customs and traditions of indigenous nullify the award has been filed before the
cultural minorities shall be applied in proper city or municipal court.
settling disputes between members of the
cultural minorities. Exception: It does not apply to court
cases settled by the lupon under the last
G. ARBITRATION (Sec. 413) paragraph of Sec. 408, in which case the
compromise settlement agreed upon by
1. The parties may, at any stage of the the parties before the lupon chairman or
proceedings, agree in writing that they the pangkat chairman shall be submitted
shall abide by the arbitration award of to the court and upon approval thereof,
the lupon chairman or pangkat. Such have the force and effect of a judgment of
agreement to arbitrate may be said court.
repudiated within five (5) days from
the date thereof for the same grounds,

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K. EXECUTION (Sec. 417)

The amicable settlement or arbitration


award may be enforced by execution by
the lupon within six (6) months from date
of settlement. After the lapse of such time,
the settlement may be enforced by action
in the appropriate city or municipal court.

L. REPUDIATION (Sec. 418)

Any party to the dispute may within ten


(10) days from the date of the settlement,
repudiate the same by filing with the lupon
chairman a statement to that effect sworn
to before him, where the consent is
vitiated by fraud, violence, or intimidation.
Such repudiation shall be sufficient basis
for the issuance of the certification for filing
a complaint as hereinabove provided.

M. TRANSMITTAL OF SETTLEMENT AND


ARBITRATION AWARD TO THE COURT
(Sec. 419)

The secretary of the lupon shall transmit


the settlement or the arbitration award to
the appropriate city or municipal court
within five (5) days from the date of the
award or from the lapse of the ten-day
period repudiating the settlement and shall
furnish copies thereof to each of the
parties to the settlement and the lupon
chairman.

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KATARUNGANG PAMBARANGAY PROCEDURE

Filing of complaint w/
the Punong Barangay
(PB)

W/in the next working At any time during the


day Proceedings

Issuance of Parties agree to


summons to submit the
the parties dispute for
and the arbitration
witnesses

Arbitration Hearings
Mediation(hearing)

Failure of Settlement
mediation
efforts

Execution Repudiation Award to be


Constitution of w/in 6 of arbitration made after
the Pangkat months agreement the lapse of
from date within 5 days the period to
thereof from date of repudiate and
agreement w/in 10 days
thereafter
Pangkat convenes
not later than 3 days
from its constitution
and summons the
parties Execution
w/in 6 months
Pangkat must
from the date
arrive at a of the award
settlement
w/in 15 days Conciliation
from the day it
convenes (Hearing)

Repudiation of
Settlement settlement w/in 10 Note: Repudiation
days from date shall only be allowed on
thereof ground of vitiation of
consent by fraud,
violence or intimidation.
Execution w/in 6
months from the Failure of Conciliation
date of settlement hearings at the Pangkat
ISSUANCE OF
CERTIFICATION FOR
Level and of Arbitration
FILING OF A hearings shall also lead
COMPLAINT IN COURT to the issuance of
certification for filing a
complaint in court.

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RULE ON JUVENILES IN CONFLICT WITH The age of the child shall be


THE LAW REVISED RULE ON CHILDREN IN determined according to the following
CONFLICT WITH THE LAW rules:
1. ORIGINAL OR CERTIFIED TRUE
I. APPLICABILITY OF THE RULE (Section COPY OF THE CERTIFICATE OF
1) LIVE BIRTH;
2. In the absence of a certificate of live
This Rule shall apply to all criminal birth, SIMILAR AUTHENTIC
cases involving children in conflict with DOCUMENTS such as baptismal
law. certificates and school records or any
pertinent document that shows the
A Child in Conflict with the Law is a date of birth of the child;
person who at the time of the commission 3. In the absence of 1 and 2 of this
of the offense is below eighteen (18) years section due to loss, destruction or
old but not less than (15) years and one unavailability, the testimony of the
(1) day old. child, the TESTIMONY OF A
MEMBER OF THE FAMILY related to
In conflict with the law means taken into the child by affinity or consanguinity
custody, detained, or charged with the who is qualified to testify on matters
commission of an act defined and respecting pedigree such as the exact
punished as a crime or offense under the age or date of birth of the child
law, including violations of traffic laws, pursuant to Sec.40, Rule 130 of the
rules and regulations, and ordinances of Rules on Evidence
local government units (Section 4 (p)).
Burden of Proof of Age
This Rule shall not apply to a person Any person alleging the age of the child in
who at the time of the initial contact conflict with the law has the burden of
shall have reached the age of proving the age of such child.
eighteen (18) in which case, the
regular rules on criminal procedure, III. EXEMPTION FROM CRIMINAL
shall apply without prejudice to the LIABILITY (Sections 7 & 9)
rights granted this rule.
A child fifteen (15) years of age or
Initial contact refers to apprehension or under at the time of the commission of
taking into custody of a child in conflict the offense shall be EXEMPT FROM
with the law by law enforcement officers or CRIMINAL LIABILITY. However, the
private citizens. It includes the time the child shall be subjected to an
child alleged to be in conflict with the law INTERVENTION PROGRAM as
receives a subpoena under Section 3 (b) provided for in Republic Act No. 9344
of Rule 112 of the Revised Rules of when consented to by the child and
Criminal Procedure or summons under the parents.
Section 6 (a) or Section 9(b) of the same Intervention programs refer to a
Rule in cases that do not require series of individualized treatment
preliminary investigation, or where there is activities or programs designed to
no necessity to place the child alleged to address issues that caused the child
be in conflict with the law under immediate to commit an offense. These may
custody (Section 4 (q)). include counseling, skills, training,
education, and other activities that are
II. DETERMINATION OF AGE (Section 5) aimed to improve and enhance the
child's psychological, emotional and
Presumption of Minority psychosocial well being.
The child in conflict with the law shall Exemption from criminal liability DOES
enjoy the presumption of minority and NOT include exemption from civil
shall enjoy all the rights of a child in liability which shall be enforced in
conflict with the law until proven to be accordance with the provisions of
eighteen years old or older at the time of Article 221 of the Family Code in
the commission of the offense (Section 5). relation to Article 101 of the Revised
Penal Code and Rule 111 of the
Revised Rules of Criminal Procedure.

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If the act or omission of the child involves 5. A lawyer from the Public Attorney's
a quasi-delict, Article 2180 of the Civil Office; and
Code shall apply. 6. The local social welfare officer;
A child fifteen (15) years and one (1) day 7. A representative of a non-government
old or above but below eighteen (18) years organization, religious group, or
of age at the time of the commission of the member of the barangay council for
offense shall, at the sound discretion of the protection of children shall be
the court and subject to its supervision, be allowed to be present at the
released on recognizance to the care of investigation in the absence of the
the willing and responsible mother or parents, guardian, relative, or social
father, or appropriate guardian or welfare officer.
custodian, or, in their absence, the nearest
relative. However, if the prosecution Upon the taking into custody of a child
determines that the CHILD ACTED WITH in conflict with the law, the social
DISCERNMENT, the child shall be welfare officer assigned to the child
proceeded against in accordance with shall immediately undertake
Secs. 25 to 29 or, in case of diversion, preliminary background investigation
Secs. 31 to 38 of this Rule (Section 9). of the child and should a case be filed
in court, submit to the court the
IV. DETERMINATION OF DISCERNMENT corresponding intake report prior to
(Section 10) the arraignment (Section 16).

Discernment means the capacity of the VI. PRELIMINARY INVESTIGATION


child at the time of the commission of the
offense to understand the differences Governed by Section 3 of Rule 112 of the
between right and wrong and the Revised Rules of Criminal Procedure.
consequences of the wrongful act (Section
4 (j)). Preliminary investigation shall be
conducted in the following instances:
Discernment is preliminarily determined by a. When the child in conflict with the law
a social worker and finally by the court in does not qualify for diversion;
the case of a child charged with a non- b. When the child, the parents or
serious offense. guardian do not agree to diversion as
provided in Sections 27 and 28 of
Types of offenses Republic Act No. 9344; or
1. Non-Serious Offense refers to an c. When, after considering the
offense where the imposable penalty assessment and recommendation of
for the crime committed is not more the social worker, the prosecutor
than six (6) years imprisonment. determines that diversion is not
2. Serious offense refers to an offense appropriate for the child in conflict with
where the imposable penalty for the the law.
offense committed exceeds six (6)
years imprisonment. At the preliminary investigation, should
3. Status offenses refer to offenses that there arise a need for clarificatory
discriminate only against a child, such questions to be propounded on the child,
as curfew violations, truancy, parental the Rule on Examination of a Child
disobedience and the like. Witness shall apply (Section 20).

In all other cases, discernment is VII. FILING OF INFORMATION


determined by the court.
If the investigating prosecutor finds
V. CONDUCT OF INITIAL INVESTIGATION probable cause to hold the child in
BY THE POLICE (Section 14) conflict with the law for trial, there
being discernment, the corresponding
Investigation must be in the presence of: Resolution and Information shall be
1. Either or both the parents, prepared for the approval by the
2. Guardian or custodian; or in their provincial or city prosecutor, as the
absence, case may be.
3. The nearest relative of the child; When a criminal action is instituted
4. The child's counsel of choice; or against a child in conflict with the law,

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the action for recovery of civil liability Welfare and Development which shall
arising from the offense charged shall ensure the appearance of the child in
be governed by Rule 111 of the court.
Revised Rules of Criminal Procedure In the absence of a youth detention
(Section 18). home in the city or municipality where
the child resides or, a local
Period of filing information: within forty- rehabilitation center recognized by the
five (45) days from the start of the government in the province, city or
preliminary investigation. municipality within the jurisdiction of
the court, or the Department of Social
Venue: Appropriate court nearest the Welfare and Development or other
place of where the offense was committed appropriate local rehabilitation center,
or where any of its essential elements the youth shall be placed under the
occurred. care of a provincial, city or municipality
jail which shall ensure the appearance
No Information shall be filed against a of the child in court when so required.
child for the commission of the
following: VIII. BAIL AS A MATTER OF RIGHT
a. Status offenses; (Sections 27 & 28)
b. Vagrancy and prostitution under sec.
202 of the Revised Penal Code; All children in conflict with the law shall be
c. Mendicancy under presidential decree admitted to bail as a matter of right before
no. 1563; and final conviction of an offense not
d. Sniffing of rugby under Presidential punishable by reclusion perpetua life
Decree No. 1619. imprisonment.

Release of children on recognizance to When Bail Not a Matter of Right


the parents, guardian, custodian or No child charged with an offense
nearest relative punishable by reclusion perpetua or life
The release of a child from custody imprisonment shall be admitted to bail
during the pendency of the case when evidence of guilt is strong. In this
involving a non-serious offense may case, the court shall commit the to a youth
be ordered by the court only after a detention home or youth rehabilitation
hearing for that purpose, and upon center, or in the absence thereof, to the
favorable recommendation of the care of a provincial, city or municipal jail as
social worker assigned to the child, provided for in Section 27 of this Rule,
with the conformity of the public which shall be responsible for the
prosecutor and the private appearance of the child in court whenever
complainant. required.
The child shall be released to the
custody of a willing and responsible IX. PROCEEDINGS BEFORE
mother or father, or appropriate ARRAIGNMENT
guardian or custodian or in their
absence, the nearest relative, who Before arraignment the Diversion
shall be responsible for the child's Committee shall determine if the child can
good behavior and appearance in be diverted or referred to alternative
court whenever required. measures or services.
No child shall be ordered detained in
jail pending trial or hearing of the Diversion
child's case, subject to the provisions This refers to an alternative child-
of this Rule. appropriate process of determining the
responsibility and treatment of a child in
Commitment and transfer to a youth conflict with the law on the basis of the
Rehabilitation Center child's social, cultural, economic
A child charged with non-serious psychological or educational background
offense, unless released on bail or without resorting to formal court
recognizance, may be transferred to a adjudication (Section 4 (l)).
youth detention home rehabilitation
center or other appropriate facility Diversion programs include:
such as the Department of Social a. Written or oral reprimand or citation;

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b. Written or oral apology; of the child and the demands of truth and
c. Payment of the damage caused; restorative justice.
d. Payment of the cost of the
proceedings; XII. TRIAL (Section 45)
e. Return of the property;
f. Guidance and supervision orders; Shall be conducted in a manner conducive
g. Counseling for the child and his family; to the best interest of the child and in an
h. Training, seminar and lectures on (i) environment that will allow the child to
anger management skills; (ii) problem- participate fully and freely in accordance
solving and/or conflict resolution skills; with the Rule on Examination of a Child
(iii) values formation; and (iv) other Witness.
skills that will aid the child to properly
deal with situations that can lead to a XIII.AUTOMATIC SUSPENSION OF
repetition of the offense; SENTENCE AND DISPOSITION
i. Participation in available community- ORDERS
based programs;
j. Work-detail program in the If the child is found guilty of the
community; or offense charged, the court, instead of
k. Institutional care and custody. executing the judgments of conviction,
shall place the child in conflict with the
Closure Order law under suspended sentence,
On the basis of the report and without need of application.
recommendation of the Diversion Suspension of sentence can be
Committee the court may: availed of even if the child is already
1. Issue a closure order terminating the eighteen years (18) of age or more but
case if it is convinced that the child not above twenty-one (21) years old,
has complied satisfactorily with the at the time of the pronouncement of
diversion program; or guilt, without prejudice to the child's
2. Extend the period of diversion; availing of other benefits such as
3. Order the case to undergo formal probation, if qualified, or adjustment of
court proceedings if it finds that the penalty, in interest of justice.
child has not complied with the The benefits of the suspended
diversion program. sentence shall not apply to a child in
conflict with the law who has once
X. ARRAIGNMENT AND PLEA enjoyed suspension of sentence, but
shall nonetheless apply to one who is
Provisions of Rule 116 and 117 of the convicted of an offense punishable by
Revised Rules on Criminal Procedure reclusion perpetua or life
shall apply. The arraignment shall be imprisonment pursuant to the
scheduled within three (3) days from the provisions of Rep. Act No. 9346
date of receipt of the complaint or prohibiting the imposition of the death
information by the court unless a shorter penalty and in lieu thereof, reclusion
period is provided by law (Section 43). perpetua, and after application of the
privileged mitigating circumstance of
XI. PRE-TRIAL (Section 44) minority.
If the child in conflict with the law
Rule 118 of the Revised Rules of Criminal reaches eighteen (18) years of age
Procedure shall apply. Agreements or while under suspended sentence, the
admissions made during pre-trial court shall determine whether to
conference shall be in writing and signed discharge the child in accordance with
by the child, mother, father or duly the provisions of Republic Act 9344, or
appointed guardian and counsel, to extend the suspended sentence for
otherwise the agreement shall not be a maximum period of up to the time
admissible against the child. the child reaches twenty-one (21)
years of age, or to order service of
The court shall explore possibility for sentence.
amicable settlement except the criminal
aspect. Plea bargaining shall only be
resorted to if it shall serve the best interest

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XIV. DISPOSITION d. Cross-claim;


In case of suspended sentence, a e. Motion for Intervention;
child in conflict with the law may be f. Motion for Discovery;
subjected to the following disposition g. Motion for Reconsideration of judgment.
measures:
1. Care, guidance and supervision Pleadings allowed in HIGHLY-
orders; MERITORIOUS cases:
2. Community service orders; a. Motion for postponement;
3. Drug and alcohol treatment; b. Motion for new Trial;
4. Participation in group counseling c. Petition for Relief from judgment.
and similar activities;
5. Commitment to a Youth Prohibited Pleadings: (DiBEDRT)
Rehabilitation Center of DSWD. a. Motion to Dismiss the complaint;
b. Motion for a Bill of particulars;
XV. DISCHARGE OF CHILD SUBJECT TO c. Motion for Extension of time to file
DISPOSITION MEASURES pleadings, except to file answer, the
The court after due notice and hearing extension not to exceed fifteen (15) days;
may either: d. Motion to Declare the defendant in default;
1. Dismiss the case even before the child e. Reply and rejoinder; and
reaches the age of 18 and order a f. Third party complaint (Section 2).
final discharge if it finds the child has
been rehabilitated; or The complaint shall be verified which must
2. Bring the child before the court for state that it is an environmental case and the
execution if: law involved. There must also be attached a
a. The child is incorrigible; certification against forum shopping.
b. Has not shown capability of
becoming a member of society; Who may file an Action
c. Willfully failed to comply with the a. Any real party-in-interest including the
conditions of the disposition or government and juridical entities
rehabilitation program; authorized by law.
d. Childs continued stay in the b. Any Filipino citizen in representation of
training institution is not in the others, including minors or generations yet
childs best interest. (Section 52) unborn, may file an action to enforce rights
or obligations under environmental laws.
RULES OF PROCEDURE FOR Citizen suits filed under R.A. No. 8749
ENVIRONMENTAL CASES and R.A. No. 9003 shall be governed
by their respective provisions
A.M. No. 09-6-8-SC The plaintiff is required to furnish the
Effective April 29, 2010 government or the appropriate
agency, although not a party, a copy
PART I: GENERAL PROVISIONS of the complaint.

Scope Temporary Environmental Protection Order


These Rules shall govern the procedure in (TEPO)
civil, criminal and special civil actions before Environmental Protection Order (EPO) refers
the RTC, Metropolitan Trial Courts, Municipal to an order issued by the court directing or
Trial Courts in Cities, Municipal Trial Courts enjoining any person or government agency to
and Municipal Circuit Trial Courts involving perform or desist from performing an act in
ENFORCEMENT OR VIOLATIONS OF order to protect, preserve or rehabilitate the
ENVIRONMENTAL AND OTHER RELATED environment.
LAWS, RULES AND REGULATIONS.
Requisites of TEPO
PART II: CIVIL PROCEDURE a. The complaint with a prayer for the
issuance of TEPO;
Pleadings and Parties b. The matter is of extreme urgency and the
applicant will suffer grave injustice and
Pleadings allowed: (CACoCrIDiRe) irreparable injury; and
a. Complaint; c. Issued ex-parte.
b. Answer;
c. Compulsory-counterclaim;

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Who may Issue render judgment based thereon and the reliefs
The executive judge of the multiple sala court prayed for.
before raffle or the presiding judge of a single-
sala court. Rule 3: Pre-Trial

Effectivity: Seventy-two (72) hours from date Effect of failure to appear at pre-trial and
of the receipt of the TEPO by the party or filing of pre-trial brief
person enjoined. Failure to comply with the required contents of
Within said period, the court where the a pre-trial brief may be a ground for contempt.
case is assigned, shall conduct a
summary hearing to determine whether The court shall not dismiss the complaint,
the TEPO may be extended until the except upon REPEATED and unjustified
termination of the case. failure of the plaintiff to appear, and failure to
The applicant shall be exempted from the file a pre-trial brief.
posting of a bond for the issuance of a
TEPO (Section 8). The dismissal shall be without prejudice, and
the court may proceed with the counterclaim. If
Dissolution of TEPO the defendant fails to appear at the pre-trial,
Requisites the court shall receive evidence ex parte.
a. It appears after hearing that its issuance or
continuance would cause irreparable Rule 4: Trial
damage to the party or person enjoined;
b. The applicant may be fully compensated The judge shall conduct continuous trial which
for such damages as he may suffer; shall not exceed two (2) months from the date
c. A sufficient bond by the party or person of the issuance of the pre-trial order. Before
enjoined; and the expiration of the two-month period, the
d. Affidavits of the party or person enjoined judge may ask the Supreme Court for the
which the applicant may oppose, also by extension of the trial period for justifiable
affidavits. cause (Section 1).

Note: No court can issue a TRO or writ of Affidavits shall be used in lieu of direct
preliminary injunction against lawful actions of examination of the witnesses and the court
government agencies that enforce shall strictly adhere to the one day
environmental laws or prevent violations examination of witness rule (Sections 2 & 3).
thereof except the Supreme Court (Section 9).
The court has one (1) year to decide the case
Payment of filing and other legal fees unless an extension is granted by the
Payment of filing and other legal fees by the Supreme Court upon petition for justifiable
plaintiff shall be deferred until after judgment reasons (Section 5).
UNLESS the plaintiff is allowed to litigate as
an indigent. It shall constitute a first lien on the Rule 5: Judgment and Execution
judgment award.
Any judgment directing the performance of
For a citizen suit, the court shall defer the acts for the protection, preservation or
payment of filing and other legal fees that shall rehabilitation of the environment shall be
serve as first lien on the judgment award. executory pending appeal UNLESS restrained
by the appellate court.
The answer shall be verified and filed within 15
days from the receipt of the service of The court may convert the TEPO to a
summons. Affirmative and special defenses permanent EPO or issue a writ of continuing
not pleaded shall be deemed waived, except mandamus directing the performance of acts
lack of jurisdiction. Cross-claims and which shall be effective until the judgment is
compulsory counterclaims not asserted shall fully satisfied.
be considered barred (Section 14).
Rule 6: Strategic Lawsuit Against Public
If the defendant fails to answer within the Participation
period provided, the court shall declare
defendant in default, and upon motion of the STRATEGIC LAWSUIT AGAINST PUBLIC
plaintiff, shall receive evidence ex parte and PARTICIPATION (SLAPP) refers to an action
whether civil, criminal or administrative,

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brought against any person, institution or any b. requiring the respondent to file a verified
government agency or local government unit return.
or its officials and employees, with the intent to
HARASS, VEX, EXERT UNDUE PRESSURE Service of the writ may be done personally or
OR STIFLE any legal recourse that such through substituted service.
person, institution or government agency has
taken or may take in the enforcement of Return
environmental laws, protection of the Within a nonextendible period of ten (10) days
environment or assertion of environmental after service of the writ, the respondent shall
rights. file a verified return which shall contain all
defenses showing that respondent did not
If a case is a SLAPP the defendant in that violate or threaten to violate, or allow the
case may interpose the affirmative defense violation of any environmental law, rule or
that the case is a SLAPP. regulation or commit any act resulting to
environmental damage of such magnitude as
The hearing of such defense shall be to prejudice the life, health or property of
summary. inhabitants in two or more cities or provinces.
ALL DEFENSES NOT RAISED IN THE
PART III: SPECIAL CIVIL ACTIONS RETURN SHALL BE DEEMED WAIVED.

Rule 7: Writ of Kalikasan A general denial of allegations in the petition


shall be considered as an admission thereof.
Nature of the Writ In case the respondent fails to file a return,
1. Available to: the court shall proceed to hear the petition
a. natural; or ex parte.
b. juridical person; or
c. entity authorized by law, peoples Prohibited Pleadings: (DEP- BiCTReD)
organization; or a. Motion to Dismiss;
d. non-governmental organization; or b. Motion for Extension of time to file return;
e. Any public interest group accredited c. Motion for Postponement;
by or registered with any government d. Motion for a Bill of particulars;
agency, on behalf of persons. e. Counterclaim or cross-claim;
f. Third-party complaint;
2. Whose constitutional right to a balanced g. Reply; and
and healthful ecology is violated, or h. Motion to Declare respondent in default.
threatened with violation;
The hearing including the preliminary
3. By an unlawful act or omission of a public conference shall not extend beyond sixty (60)
official or employee, or private individual or days and shall be given the same priority as
entity, involving environmental damage of petitions for the writs of habeas corpus,
such magnitude as to prejudice the LIFE, amparo and habeas data.
HEALTH OR PROPERTY of inhabitants in
two or more cities or provinces. Discovery Measures
If the name and personal A party may file a verified motion for the
circumstances are unknown and following reliefs:
uncertain, the respondent may be 1. Ocular Inspection -- The court may order
described by an assumed appellation. any person in possession or control of a
designated land or other property to permit
Where to file entry for the purpose of inspecting or
a. Supreme Court; photographing the property or any relevant
b. Any station of the Court of Appeals. object or operation thereon.
2. Production or inspection of documents or
The petitioner shall be exempt from the things; order The court may order any
payment of docket fees. person in possession, custody or control of
any designated documents, papers,
Issuance of the writ books, accounts, letters, photographs,
Within three (3) days from the date of filing of objects or tangible things, or objects in
the petition, if the petition is sufficient in form digitized or electronic form, which
and substance, the court shall give an order: constitute or contain evidence relevant to
a. issuing the writ; and the petition or the return, to produce and

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permit their inspection, copying or Requisites of Continuing Mandamus:


photographing by or on behalf of the (CP-MEN)
movant. 1. There must be a Clear legal right or duty;
2. The act to be performed must be Practical
The court may after hearing punish the Within the powers of the respondent to
respondent who refuses or unduly delays the perform such that if the writ of continuing
filing of a return, or who makes a false return, mandamus was issued, he can comply
or any person who disobeys or resists a lawful with it, or else the essence will be
process or order of the court for indirect defeated;
contempt. 3. Respondent must be exercising a
Ministerial duty a duty which is absolute
Judgment and imperative and involves merely its
Within sixty (60) days from the time the execution;
petition is submitted for decision, the court 4. The duty or act to be performed must be in
shall render judgment granting or denying the connection with the Enforcement or
privilege of the writ of kalikasan. violation of an environmental law rule or
regulation or a right; and
The reliefs that may be granted under the writ 5. There is No other plain, speedy, and
are the following: (CPMRO) adequate remedy in the ordinary course of
a. Directing respondent to permanently law.
Cease and desist from committing acts or
neglecting the performance of a duty in Grounds for Continuing Mandamus
violation of environmental laws resulting in 1. When any agency or instrumentality of the
environmental destruction or damage; government or officer thereof unlawfully
b. Directing the respondent public official, neglects the performance of an act which
government agency, private person or the law specifically enjoins as a duty
entity to Protect, preserve, rehabilitate or resulting from an office, trust or station in
restore the environment; connection with the enforcement or
c. Directing the respondent public official, violation of an environmental law rule or
government agency, private person or regulation or a right therein;
entity to Monitor strict compliance with the 2. When any agency or instrumentality of the
decision and orders of the court; government or officer thereof unlawfully
d. Directing the respondent public official, excludes another from the use or
government agency, or private person or enjoyment of such right.
entity to make periodic Reports on the
execution of the final judgment; and Where to File
e. Such Other reliefs which relate to the right Regional Trial Court exercising jurisdiction
of the people to a balanced and healthful over the territory where the actionable neglect
ecology or to the protection, preservation, or omission occurred or with the Court of
rehabilitation or restoration of the Appeals or the Supreme Court.
environment, except the award of
damages to individual petitioners. No docket fees
The petitioner shall be exempt from the
Note: The filing of a petition for the issuance payment of docket fees.
of the writ of kalikasan shall not preclude the The proceedings shall be summary in
filing of separate civil, criminal or nature.
administrative actions. The petition shall be resolved without
delay within sixty (60) days from the date
Rule 8: Writ of Continuing Mandamus of the submission of the petition for
resolution.
Continuing mandamus is a writ issued by a
court in an environmental case directing any PART IV: CRIMINAL PROCEDURE
agency or instrumentality of the government or
officer thereof to perform an act or series of Rule 9: Prosecution of Offenses
acts decreed by final judgment which shall
remain effective until judgment is fully satisfied Who may File
Any offended party, peace officer or any public
officer charged with the enforcement of an
environmental law may file a complaint before

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the proper officer in accordance with the Rules activity and environmental effect, the court
of Court. shall apply the precautionary principle in
resolving the case before it.
Special Prosecutor
In criminal cases, where there is no private Note: The constitutional right of the people
offended party, a counsel whose services are to a balanced and healthful ecology shall be
offered by any person or organization may be given the benefit of the doubt.
allowed by the court as special prosecutor,
with the consent of and subject to the control In applying the precautionary principle, the
and supervision of the public prosecutor. following factors, among others, may be
considered: (TIP)
Arrest without warrant 1. Threats to human life or health;
A peace officer or an individual deputized by 2. Inequity to present or future generations;
the proper government agency may, without a or
warrant, arrest a person: 3. Prejudice to the environment without legal
a. When, in his presence, the person to be consideration of the environmental rights
arrested has committed, is actually of those affected.
committing or is attempting to commit an
offense; or
b. When an offense has just been committed,
and he has probable cause to believe
based on personal knowledge of facts or
circumstances that the person to be
arrested has committed it.

Individuals deputized by the proper


government agency who are enforcing
environmental laws shall enjoy the
PRESUMPTION OF REGULARITY under
Section 3(m), Rule 131 of the Rules of Court
when effecting arrests for violations of
environmental laws.

Rule 13: Provisional Remedies

The provisional remedy of attachment under


Rule 127 of the Rules of Court may be availed
of in environmental cases.

Rule 19: Strategic Lawsuit Against Public


Participation In Criminal Cases (SLAPP)

Upon the filing of an information in court and


before arraignment, the accused may file a
motion to dismiss on the ground that the
criminal action is a SLAPP.

PART V: EVIDENCE

Rule 20: Precautionary Principle

Precautionary principle states that when


human activities may lead to threats of serious
and irreversible damage to the environment
that is scientifically plausible but uncertain,
actions shall be taken to avoid or diminish that
threat (Section 4 Rule 1).

When there is a lack of full scientific certainty


in establishing a causal link between human

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