Chapter 10: Special Rules of Court on
Alternative Dispute Resolution (ADR)
*see “Appendix “E” of the book for reference (page 403)
Provision Specific to Mediation – Rules 14 to 15,
Special ADR Rules
 Rules 14 to 15 of the Special ADR Rules
govern the situation where the parties to
mediation entered into and executed written
mediated settlement agreements. The
parties may require any of the following
processes:
1. Deposit of Mediated Settlement
Agreements (Rules 15.1 to 15.4)
In order for the mediated settlement
agreement to be enforceable – it must
be deposited with the proper Clerk of
Court of the RTC:
i. Where the principal place of
business in the Philippines of
any of the parties is located;
ii. If any of the parties is an
individual, where any of those
individuals resides; or
iii. In the National Capital Judicial
Region.
The Clerk of Court of every RTC is
required to:
i. Keep a Registry Book – list or
enroll chronologically all the
mediated settlement
agreements or settlement
awards that are deposited with
the court; and
ii. Issue a Certificate of Deposit to
the party making the deposit.
2. Enforcement of Mediated Settlement
Agreements (Rules 15.5 to 15.8)
Any parties to a mediated settlement
agreement which was deposited, may,
upon, breach thereof, file a verified
petition to enforce the agreement.
If the agreement has not yet been
deposited, the petitioner has to deposit
the agreement first before filing the
petition in court.
The adverse party may file an opposition
to the petition within 15 days from
receipt of notice of the petition.
The court shall conduct a summary
hearing to determine whether or not the
mediated settlement agreement is valid
and render judgment accordingly by
either enforcing the agreement or
dismissing the petition.
Provision Specific to Other Forms of ADR –
Rules 18.1 to 18.5, Special ADR Rules
 Rule 18 of the Special ADR Rules apply to
early neutral evaluation; neutral evaluation;
mini-trial; mediation-arbitration; any
combination thereof; or any other ADR form.
 General Rule: rules of procedure applicable
to the different forms of ADR shall be those
agreed upon by the parties.
 Absence of such agreement, the Specific
Rules on these forms of ADR shall be
applicable.
In Default thereof, the RULES ON
MEDIATION shall suppletorily apply to
the forms of ADR which are more akin to
mediation than arbitration.
The RULES ON ARBITRATION for those
which are more akin to arbitration than
mediation.
Chapter 11: Special Rules of Court on
Alternative Dispute Resolution (ADR)
*see “Appendix “E” of the book for reference (page 403)
Motion for Reconsideration, Appeal and
Certiorari
 Rule 19 of the Special ADR Rules covers the
remedies available to parties for challenging
the orders, decisions or judgments rendered
by the RTC. These remedies are:
1. Motion for Reconsideration (Rules 19.1 to
19.11) – A party may ask the RTC to
reconsider its ruling on the following:
a. That the arbitration agreement is
inexistent, invalid or unenforceable
pursuant to Rule 3.10 (B);
b. Upholding or reversing the arbitral
tribunal’s 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.
No motion for reconsideration shall be allowed
from the following rulings of the Regional Trial
Court:
a. A prima facie determination upholding
the existence, validity or enforceability
of an arbitration agreement pursuant to
Rule 3.1 (A);
b. An order referring the dispute to
arbitration;
c. An order appointing an arbitrator;
d. Any ruling on the challenge to the
appointment of an arbitrator;
e. Any order resolving the issue of the
termination of the mandate of an
arbitrator; and
f. An order granting assistance in taking
evidence.
The motion shall be in writing, filed with the
court and served upon the other party/ies who
shall have a non-extendible period of 15 days
from receipt thereof within which to file an
opposition or comment.
A motion for reconsideration shall be resolved
within thirty (30) days from receipt of the
opposition or comment or upon the expiration of
the period to file such opposition or comment.
Second motion for reconsideration are
prohibited.
2. Appeal to the Court of Appeals (Rules 19.12
to 19.25) – akin to a “petition for review”
under Rule 42 of the 1997 Rules of Civil
Procedure which is based on errors of facts
and/or law.
The petition for review shall be allowed only
from the following final orders of the RTC:
a. Granting or denying an interim measure
of protection;
b. Denying a petition for appointment of an
arbitrator;
c. Denying a petition for assistance in
taking evidence;
d. Enjoining or refusing to enjoin a person
from divulging confidential information;
e. Confirming, vacating or
correcting/modifying a domestic arbitral
award;
f. Setting aside an international
commercial arbitration award;
g. Dismissing the petition to set aside an
international commercial arbitration
award even if the court does not decide
to recognize or enforce such award;
h. Recognizing and/or enforcing an
international commercial arbitration
award;
i. Dismissing a petition to enforce an
international commercial arbitration
award;
j. Recognizing and/or enforcing a foreign
arbitral award;
k. Refusing recognition and/or
enforcement of a foreign arbitral award;
l. Granting or dismissing a petition to
enforce a deposited mediated
settlement agreement; and
m. Reversing the ruling of the arbitral
tribunal upholding its jurisdiction.
The appeal shall be filed within 15 days from
notice of the decision of the RTC or the
denial of the petitioner’s motion for
reconsideration, by filing a verified petition
for review.
The CA may give due course to the petition if
it finds prima facie that the RTC has
committed an error that would warrant the
reversal of the judgment.
Thereafter, the CA may direct the transmittal
of records, set the case for oral arguments,
require submission of memoranda, and
render judgment.
Rule 19 of the Rule 42 of the 1997
Special ADR Rules Rules of Civil
Procedure
Filing of the appeal Filing of the appeal
under this rule shall under this rule shall
not stay the award, stays the judgment or
 judgment, final final order appealed Limited to grave Can cover any and all
order or resolution from except in certain abuse of discretion kinds of grave abuse of
sought to be instances. enumerated above. discretion committed
reviewed unless by a tribunal, board or
the CA directs officer exercising
otherwise. judicial or quasi-
Party appealing the This is not true for a judicial functions.
decision shall Rule 42 petition. Must be filed within Can be filed within 60
required to post a 15 days from notice days from notice of
bond in favor of the of the judgment. judgment.
prevailing party The arbitral The tribunal that
equal to the tribunal shall be issued the assailed
amount of the named as a party judgment shall be
award. Otherwise, although it is named as a “public
the petition may be merely a nominal respondent”
dismissed. party.
The filing of a petition does not stay the
proceedings of the lower court or arbitral
3. Special Civil Action for Certiorari (Rules tribunal.
19.26 to 19.35) – akin to a “petition for Speaks only of Allows the institution
certiorari” under Rule 65 of the 1997 Rules petitions to the CA of petitions for
of Civil Procedure which is based on the from orders, certiorari from orders
ground that RTC has acted without or in decisions or or judgments of any
excess of its jurisdiction, or with grave abuse judgments of the inferior court.
of discretion amounting to lack or excess of RTC.
jurisdiction, and there is no appeal or any
plain, speedy and adequate remedy under 4. Appeal by Certiorari to the Supreme Court
the ordinary course of law. (Rules 19.36 to 19.42) – akin to a “petition
for review on certiorari” under Rule 45 of the
A special civil action for certiorari may be filed 1997 Rules of Civil Procedure which is
against the following orders of the RTC: grounded on pure questions of law.

a. Holding that the arbitration agreement
is inexistent, invalid or unenforceable;
b. Reversing the arbitral tribunal’s
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.
Rule 19 of the Rule 65 of the 1997
Special ADR Rules Rules of Civil
Procedure
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.
It is not a matter of right and may be granted
only for serious and compelling reasons
resulting in grave prejudice to the aggrieved
party.
The petition shall be filed with the SC within
15 days from notice of the CA’s judgment or
final order or resolution appealed from, or
from the denial of the petitioner’s motion
for new trial or reconsideration, without
prejudice to a motion for the extension
thereof for a period of 30 days for justifiable
reasons.
 Rule 19 of the Rule 45 of the
Special ADR Rules 1997 Rules of Civil
Procedure
The SC may motu propio deny the petition
on the ground that it is without merit, or
is prosecuted manifestly for delay, or that
the questions raised therein are too
insubstantial to require consideration.
It is silent on the Allowed under Rule
availability of a 45.
petition for review
on pure questions
of law direct from
the RTC to the SC.