1.

The instances where the aggrieved party may file for a motion for motion reconsideration are the following as provided under Rule 19.1, to wit:

a. That the arbitration agreement is inexistent, invalid or unenforceable pursuant to Rule 3.10 (B);
b. Upholding or reversing the arbitral tribunals jurisdiction pursuant to Rule 3.19;
c. Denying a request to refer the parties to arbitration;
d. Granting or denying a party an interim measure of protection;
e. Denying a petition for the appointment of an arbitrator;
f. Refusing to grant assistance in taking evidence;
g. Enjoining or refusing to enjoin a person from divulging confidential information;
h. Confirming, vacating or correcting a domestic arbitral award;
i. Suspending the proceedings to set aside an international commercial arbitral award and referring the case back to the arbitral tribunal;
j. Setting aside an international commercial arbitral award;
k. Dismissing the petition to set aside an international commercial arbitral award, even if the court does not recognize and/or enforce the same;
l. Recognizing and/or enforcing, or dismissing a petition to recognize and/or enforce an international commercial arbitral award;
m. Declining a request for assistance in taking evidence;
n. Adjourning or deferring a ruling on a petition to set aside, recognize and/or enforce an international commercial arbitral award;
o. Recognizing and/or enforcing a foreign arbitral award, or refusing recognition and/or enforcement of the same; and
p. Granting or dismissing a petition to enforce a deposited mediated settlement agreement.

2. Under Rule 19.2, the period for filing a motion for reconsideration may be filed with the Regional Trial Court within a non-extendible period of fifteen
(15) days from receipt of the questioned ruling or order.

3. Ordinary appeal is not a remedy for an aggrieved party over an RTC decision in an ADR proceedings because ordinary appeal, such as that taken to
the Court of Appeals from a decision of the Regional Trial Court, in passing judgement over actions involving ADR is not exercising its original
jurisdiction. Rather it is acting as a review court for decisions, orders and awards of the arbitral tribunal. Furthermore, when the Special ADR Rules
speaks of appeals and petitions for certiorari of rulings of the Regional Trial Court to the Court of Appeals, or petitions for review on certiorari of the
resolutions or decisions of the Court of Appeals to the Supreme Court, it refers to petitions akin to those under Rule 42(petition for review to the Court
of Appeals);Rule 45(petition for review on certiorari to the Supreme Court); and Rule 65( petition for certiorari to the Court of Appeals) of the 1997
Rules of Civil Procedure.

4. The effect of filing such petition for review will not stay the award, judgement, final order or resolution sought to be reviewed unless the Court of
Appeals directs otherwise as provided under the Rule 19.22 of the Special ADR rules.

PETITION FOR REVIEW UNDER ADR CASES PETITION OF REVIEW UNDER THE RULES OF COURT

The grounds for appeal is based on Section 26 of the ADR Act of The grounds of appeal is based on errors of fact, law or mixed
2004. fact and law committed by the lower court.

The filing of an appeal shall not stay the award, judgement,
final order or resolution sought to be reviewed unless the Court
of Appeals direct otherwise.
The filing of appeal stays the judgement or final order appealed
from except in certain cases such as in cases governed by the
Rules on Summary Procedure, or when the prevailing party
avails of the remedy of execution pending appeal or when the
rules of court or the law provides otherwise.

A bond equal to the amount of the award is required when the A bond is not required in this case.
party is appealing the decision or order of the RTC under
Special ADDR rules.

5. Under Rule 19.26 of the Special ADR Rules, a special civil action for certiorari may be filed against the following orders of the court, to wit:

a. Holding that the arbitration agreement is inexistent, invalid or unenforceable;

b. Reversing the arbitral tribunals preliminary determination upholding its jurisdiction;
c. Denying the request to refer the dispute to arbitration;
d. Granting or refusing an interim relief;
e. Denying a petition for the appointment of an arbitrator;
f. Confirming, vacating or correcting a domestic arbitral award;
g. Suspending the proceedings to set aside an international commercial arbitral award and referring the case back to the arbitral tribunal;
h. Allowing a party to enforce an international commercial arbitral award pending appeal;
i. Adjourning or deferring a ruling on whether to set aside, recognize and or enforce an international commercial arbitral award;
j. Allowing a party to enforce a foreign arbitral award pending appeal; and
k. Denying a petition for assistance in taking evidence.

6. A special civil action for certiorari under the special ADR rules is akin to Rules 65 of the 1997 Rules of Civil Procedure because both are based on the
ground for example the Regional Trial Court has acted without or in excess of its jurisdiction, or with grave abuse of discretion amounting to lack or
excess of jurisdiction, and there is no appeal or any plain, speedy and adequate remedy under the ordinary course of law.

DIFFERENTIATION
The petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure can cover any and all kinds of grave abuse of discretion committed by a
tribunal, board or officer exercising judicial or quasi-judicial functions while the special civil actions for certiorari under the ADR rules is limited to grave
abuse of discretion in the following orders of the Regional Trial Court in an ADR related proceeding such as the orders provided under Rule 19.26 of the
Special ADR rules.

A petition for certiorari under Rule65 of the 1997 Rules of Civil Procedure should be filed within 60 days from notice of judgement, order or resolution
sought to be assailed while the special civil action for certiorari under the Special ADR Rules must be filed within 15 days from notice of the judgement,
order or resolution sought to be annulled or set aside without the benefit of any extension of time to file the same as provided under rule 19.28 of the
Special ADR rules.

The Rule 65 of the 1997 Rules of Civil Procedure allows the institution of petitions for certiorari from orders or judgements of any inferior court while the
Rules 19.26 to 19.35 of the Special ADR Rules speak only of such petitions to the Court of Appeals from orders, decisions or judgement of the RTC in
ADR related cases.

17. An appeal by certiorari to the Supreme Court under the special ADR rules can be availed of when the Court of Appeals:

a. Failed to apply the applicable standard or test for judicial review prescribed in these Special ADR Rules in arriving at its decision resulting in
substantial prejudice to the aggrieved party;
b. Erred in upholding a final order or decision despite the lack of jurisdiction of the court that rendered such final order or decision;
c. Failed to apply any provision, principle, policy or rule contained in these Special ADR Rules resulting in substantial prejudice to the aggrieved party;
and
d. Committed an error so egregious and harmful to a party as to amount to an undeniable excess of jurisdiction.

18. Comparison

R.45 of Civil Procedure R.19.36 to 19.42, Special ADR Rules

Not a matter of right and may be granted only for serious and
compelling reasons resulting in grave prejudice to the aggrieved
party
An appeal by certiorari to the SC is warranted under:
A. When the court a quo has decided a question of
substance not theretofore determined by the SC, or
has decided it in a way probably not in accord with
law or with the applicable decisions of the SC
B. When the court a quo has so far departed from the
accepted and usual course of judicial proceedings, or
so far sanctioned such departure by a lower court, as
to call for an exercise of the power of supervision.
Not a matter of right and may be granted only for serious and
compelling reasons resulting in grave prejudice to the aggrieved
party
The appeal by certiorari may be appealed when the Court of
Appeals:
A. Failed to apply the applicable standard or test for
judicial review prescribed in these Special ADR Rules
in arriving at its decision resulting in substantial
prejudice to the aggrieved party;
B. Erred in upholding a final order or decision despite
the lack of jurisdiction of the court that rendered such
final order or decision;

C. Failed to apply any provision, principle, policy or rule

contained in these Special ADR Rules resulting in
substantial prejudice to the aggrieved party; and

D. Committed an error so egregious and harmful to a

The SC ay motu propio deny the petition on the ground that it is
without merit, or is prosecuted manifestly for the delay or that
the questions raised therein are too insubstantial to the require
consideration.
Allows direct resort for petition for review to the SC based on
the pure questions of law direct from the RTC to the SC
General Application
party as to amount to an undeniable excess of
jurisdiction.
The SC ay motu propio deny the petition on the ground that it is
without merit, or is prosecuted manifestly for the delay or that
the questions raised therein are too insubstantial to the require
consideration.
Does not allow direct resort for petition for review to the SC
based on the pure questions of law direct from the RTC to the
SC
Specific Rules