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A.M. No. 11-1-6-SC-PHILJA (Re: Consolidated and Revised Guidelines to Implement the Expanded Coverage of Court-Annexed Mediation [CAM] and Judicial Dispute Resolution [JDR]) dated January 11, 2011 Judge RICO SEBASTIAN D. LIWANAG (adopted from the presentation of Judge AQUINO-SIMBULAN)
OUTLINE
a. Cases referred to CAM & JDR b. Flowcharts (Civil Case, Criminal Case, Mediation Process) c. Duration of Mediation d. Suspension of Periods
OUTLINE
e. Sanctions f. Authority of Parties g. Judicial Dispute Resolution h. Common Provisions (CAM & JDR)
OUTLINE
Jdr Provisions
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
General Provisions Environmental Courts Small Claims Courts JDR during trial Settlement Period Party participation Sanctions JDR Duration Settlement Jdr on Appeal
PRE-TRIAL BASES
Section 2 (a), Rule 18, Rules of Court (Civil Cases): possibility of amicable settlement or submission to alternative modes of dispute resolution Section 1 (f), Rule 118, Rules of Court (Criminal Cases): such matters as will promote fair & expeditious trial of criminal and civil aspects of the case
ADR IN COURTS
Admin. Matter No. 11-1-6-SC-PHILJA (January 11, 2011): Consolidated and Revised Guidelines to Implement the Expanded Coverage of Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) Three (3) Stages of Diversion CAM Court-Annexed Mediation JDR Judicial Dispute Resolution
1) All civil cases and the civil liability of criminal cases covered by the RULE ON SUMMARY PROCEDURE including the civil liability for violation of BP 22 (N.B. A.M. No. 00-11-01-SC already included BP 22 cases under Rule on Summary Procedure effective April 15, 2003), except those which by law may not be compromised;
2) Special proceedings for the settlement of estates; 3) All civil and criminal cases filed with a certificate to file action issued by the Punong Barangay or the Pangkat ng Tagapagkasundo under the Revised Katarungang Pambarangay Law;
5) Civil aspect of less grave felonies punishable by correctional penalties not exceeding 6 years imprisonment, where the offended party is a private person;
APPEALED CASES TO RTC (JDR) 7) All civil cases and probate proceedings, testate and intestate, brought on appeal from the exclusive and original jurisdiction granted to the first level courts under Section 33, par. (1) of the Judiciary Reorganization Act of 1980;
APPEALED CASES TO RTC (JDR) 8) All cases of forcible entry and unlawful detainer brought on appeal from the exclusive and original jurisdiction granted to the first level courts under Section 33, par. (2) of the Judiciary Reorganization Act of 1980;
APPEALED CASES TO RTC (JDR) 9) All civil cases involving title to or possession of real property or an interest therein brought on appeal from the exclusive and original jurisdiction granted to the first level courts under Section 33, par. (3) of the Judiciary Reorganization Act of 1980; and
APPEALED CASES TO RTC (JDR) 10) All habeas corpus cases decided by the first level courts in the absence of the Regional Trial Court judge, that are brought up on appeal from the special jurisdiction granted to the first level courts under Section 35 of the Judiciary Reorganization Act of 1980.
EXAMPLES
1) Settlement of estates 2) Collection cases; 3) Enforcement / breach of contracts; 4) Relationship between stockholders in a corporation or partners;
EXAMPLES
EXAMPLES
4) All cases under R.A. No. 9262 (Violence against Women and Children); and 5) Cases with pending application for Restraining Orders/Preliminary Injunctions
TWO-JUDGE SYSTEM
(TWO STAGES IN JUDICIAL PROCEEDINGS )
JDR JUDGE - handles case from filing of complaint to CAM and JDR during pre-trial stage (N.B. All incidents or
motions filed during the first stage shall be dealt with by the JDR judge. If JDR is not conducted because of parties failure to appear, JDR judge may impose appropriate sanctions & shall continue with the proceedings of the case.)
TRIAL JUDGE - presides over pre-trial proper, trial, and renders decision
PROCEDURE
Initial stage of pre-trial conference
1) JDR Judge briefs parties and counsels of CAM & JDR processes 2) JDR judge issues Order of Referral of case to CAM & directs parties & counsels to proceed to PMCU bringing w/ them copy of Order of Referral
3) In Order of Referral or in another Order, Judge includes pre-setting of case for JDR not earlier than 45 days from time parties first personally appear at PMCU
Flowchart of CIVIL CASE from filing to referral to PMC for CAM & JDR
Office of the Clerk of Court Branch
Filing of Complaint/Petition
Receipt: Recording by the Clerk in Charge of Civil Cases Issuance of Summons by the Branch Clerk of Court Return of Summons
Docketing
Raffling
Answers/Pleadings/ Motions
Pre-trial Judge Orders the referral to CAM (if Mediatable) if it FAILS, Judge conducts JDR
Notice of Pre-trial
JUDICIAL AFFIDAVITS
Section 2. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies - Parties shall file with Court and serve on adverse party, not later than five days BEFORE pre-trial or preliminary conference or the scheduled hearing with respect to motions and incidents, the following:
1) Judicial affidavits of witnesses w/c shall take the place of direct testimonies; and 2) Parties documentary or object evidence to be attached to the judicial affidavits...
Flowchart of a CRIMINAL CASE from filing to referral to PMC for CAM & JDR
Office of the Clerk of Court Branch
Docketing
Issuance of W/A thru Court Order by the Judge & for payment of fees
Private complainant pays fees if civil aspect deemed instituted w/ crim. case Raffling
Pre-trial Judge Orders the referral to CAM (if Mediatable) if it FAILS, Judge conducts JDR
AUTHORITY TO SETTLE
PARTY PARTICIPATION
Individual party litigants personal attendance or
duly authorized representatives (written) who are FULLY EMPOWERED to offer, negotiate, accept, decide and enter into compromise without need of further approval/notification to authorizing party
DURATION OF MEDIATION
(A.M. No. 11-1-6-SC-PHILJA, Part Two, Court-Annexed Mediation [CAM], Duration of Mediation in the PMC)
30 days to complete mediation process computed from date when parties first appeared for initial conference as stated in the Court order to appear
Extension for another 30 days may GRANTED BY THE COURT 1) upon motion filed by Mediator; and 2) with parties conformity be
SUSPENSION OF PERIODS
(A.M. No. 11-1-6-SC-PHILJA, Part Two, Court-Annexed Mediation [CAM], Suspension of Periods)
Mediation period excluded from regular & mandatory periods for trial & rendition of judgment in ordinary cases & in cases under summary proceedings
SANCTIONS
COURT imposes sanctions upon Mediators recommendation or upon referring judges own initiative or upon motion of interested party Grounds for sanctions:
1) failure of party to appear before PMCU despite directive from the Judge/Court; 2) any person who engages in abusive conduct during mediation (Rules of Court on Pre-trial)
1) censure, 2) reprimand, 3) contempt 4) require absent party to reimburse appearing party his costs, including attorneys fees for that day up to treble such costs, payable on or before date of re-scheduled setting.
SANCTIONS
If with justifiable cause proved during hearing on motion for reconsideration filed by absent party and concurred by the concerned Mediator, the sanctions may be lifted at sound discretion of referring judge.
Compromise agreement entered into by parties should be submitted to the Court for approval and decision is rendered by the Court based on the compromise agreement of the parties.
MEDIATOR SHALL SUBMIT TO THE COURT A MEDIATORS REPORT STATING FAILED MEDIATION
CAM JDR
If parties DO NOT SETTLE in CAM, judge conducts JDR Judicial Dispute Resolution.
MEDIATOR & CONCILIATOR - Judge facilitates the settlement discussions between parties and tries to reconcile their differences
NEUTRAL EVALUATOR - Judge assesses the relative strengths and weaknesses of each partys case and makes a non-binding and impartial evaluation of the chances of each partys success in the case
GENERAL RULE
JDR judge shall not preside over the trial of the case when parties did not settle their dispute at JDR
RULE 1
MULTI-SALA COURTS raffle case - first branch handles case until JDR if case not resolved in JDR -- raffle to another branch for PRE-TRIAL PROPER to judgment
(N.B. Cases with TRO/Prelim. Inj., judge where case first raffled rules on TRO/Prelim. Inj. During pre-trial, judge refers case to CAM. If no settlement at CAM, case raffled to another branch for JDR. If no settlement at JDR, case returns to branch that ruled on TRO/Prelim. Inj. for pre-trial proper to judgment.)
Judge conducts JDR by acting as mediator, conciliator and early neutral evaluator No Settled ? Yes
* For courts with single sala, case transferred to nearest court for JDR regardless of level.
Case is Re-raffled
Settled ?
Yes
No
CoC records/sends Referral to Trial Judge BCoC sends case back to CoC for Re-raffle
Judgment
1. Judge approves the Compromise Agreement as to the civil aspect only; then 2. Sets case for continuation of pre-trial insofar as criminal aspect is concerned.
On continuation pre-trial, Public Prosecutor will move for dismissal/archiving of criminal case Case Dismissed/Archived by JDR judge
* For courts with single sala, case transferred to nearest court for JDR regardless of level.
RULE 2
SINGLE-SALA COURTS case filed at proper court JDR conducted by pair court judge, if any, otherwise, by nearest court judge determined by Exec. Judge. However, before JDR, parties may file joint written motion requesting that court of origin conducts JDR and trial. (N.B. JDR conducted at station where case originally filed. JDR results referred to court of origin for appropriate action, e.g. approval of compromise agreement, trial, etc.)
Filing of Complaint/Petition Docketing Payment of all fees at cashier including Mediation fees and Recording by the Clerk in Charge of Cases
Submission of Pre-trial Briefs Judge Orders referral to CAM (if Mediatable) and if CAM fails, case referred to nearest Court regardless of level for JDR JDR Court conducts JDR
Settled? No
Returns case to Originating Court for pre-trial proper, trial and decision
RULE 3
FAMILY COURTS Before JDR, parties may file joint written motion requesting family court, where case originally raffled, to conduct JDR & trial.
Where only one family court, JDR to be conducted by another branch through raffle. If there is another family court in same area, JDR conducted by family court where case originally raffled & if no settlement, the other family court shall conduct pre-trial proper and trial. N.B. If principal case is non-mediatable like
annulment of marriage, other issues like custody of children, support, visitation, property relations and guardianship may be referred to CAM & JDR to limit issues for trial.
RULE 4
COMMERCIAL & INTELLECTUAL PROPERTY COURTS Before JDR, parties may file joint written motion requesting special court, where case filed, to conduct JDR & trial. Where only one special court, JDR to be conducted by another branch through raffle. If no settlement, special court judge conducts pre-trial proper and trial. N.B. Any incident or motion filed before pre-trial stage shall be dealt with by special court judge who shall refer case to CAM.
Yes
Informs OCC (docketing purposes) and returns case to Special Court for appropriate action such as satisfaction of claim (Order of Dismissal, Compromise Agreement (Judgment) and Withdrawal of Complaint/ Counterclaim (Approval) Informs OCC (docketing purposes) and returns case to Special Court for pre-trial proper, trial and decision
Filing of Complaint/Petition Docketing Payment of all fees at cashier including Mediation fees
Answers/Pleadings/ Motions
Branch
Return of Summons
Settled?
No
Flowchart for Two or more Designated Special Courts (CAM & JDR)
Yes
Issue satisfaction of claim (Order of Dismissal, Compromise Agreement (Judgment) and Withdrawal of Complaint/ Counterclaim (Approval)
Filing of Complaint/Petition Docketing Payment of all fees at cashier including Mediation fees
Submission of Pre-trial Briefs Pre-trial Judge orders the referral to CAM (if Mediatable) and if CAM fails, case referred back to Special Court Special Court conducts JDR
Answers/Pleadings/ Motions
Branch
Return of Summons
No
Informs OCC for docketing and refers case to another Special Court for pre-trial proper, trial and decision
ENVIRONMENTAL CASES
RULE 3 (Pre-Trial)
[A. M. No. 09-6-8-C (APRIL 29, 2010) on RULES OF PROCEDURE FOR ENVIRONMENTAL CASES]
CAM not available, court refers case to clerk of court or legal researcher for mediation.
Section 4 (Preliminary conference) branch clerk of court for mediation Section 5 (Pre-trial conference; consent decree) JDR conducted by environmental court judge
ENVIRONMENTAL CASES
RULE 3 (Pre-Trial)
[A. M. No. 09-6-8-C (APRIL 29, 2010) on RULES OF PROCEDURE FOR ENVIRONMENTAL CASES]
Section 6 (Failure to settle) judge encourages referral of case to trial by commissioner (Rule 32) or to mediator or arbitrator Section 10 (Efforts to settle) judge endeavours parties to agree to compromise or settle in accordance with law at any stage of the proceedings before rendition of judgment. N.B. Environmental court judge conducts mediation and trial.
Yes
Issue satisfaction of claim (Order of Dismissal, Compromise Agreement (Judgment) and Withdrawal of Complaint/ Counterclaim (Approval)
Branch
Filing of statement of claim (affidavits & other evidence Docketing Payment of all fees at cashier including Mediation fees Branch Verified Response w/ evidence (Counterclaim allowed w/in Courts Jurisdiction) Return of Summons
Settled? No
Yes
Issue satisfaction of claim (Order of Dismissal, Compromise Agreement (Judgment) and Withdrawal of Complaint/ Counterclaim (Approval)
Court may dismiss case OR Branch Clerk of Court issues summons to defendant to submit Verified Response & notice for date of hearing
*N.B. In Small Claims the parties may file a motion praying that the Trial be conducted by another Judge by referring the case to Executive Judge and the new Judge hears and decides case within five (5) working days from receipt of Order /reassignment . Decision is final and unappealable.
CASES ON TRIAL STAGE may be referred to JDR REQUISITE: written motion of one or both parties indicating willingness to discuss possible compromise
If motion granted, trial is suspended. Multiple sala - case referred for JDR conducted by another judge through raffle. If settlement reached at JDR, JDR judge takes appropriate action i.e. approval/disapproval of compromise agreement. If no settlement, case is returned to referring court for trial continuation.
Case referred to OCC for docketing and returned to Original/ referring Court for continuation of trial and decision.
JDR Judge returns case to Originating/Trial Court for appropriate action such as approval of the Compromise Agreement (Judgment),Satisfaction of Claim (Order of Dismissal) and Withdrawal of Complaint/ Counterclaim (Approval) .
SETTLEMENT PERIOD
Settlement period declared by Supreme Court includes JDR half of all cases referred to mediation shall be for JDR with procedure similar to JDR during trial but no written motion required from parties
PARTY PARTICIPATION
Individual party litigants personal attendance or
duly authorized representatives (written) who are FULLY EMPOWERED to offer, negotiate, accept, decide and enter into compromise without need of further approval/notification to authorizing party
(ARCHIVING OF CASES)
Criminal Cases covered by CAM & JDR where civil aspect is settled but period of payment EXCEEDS 1 year, case may be ARCHIVED REQUISITES FOR ARCHIVING 1) upon motion of prosecution,
SETTLEMENT
A. CIVIL CASES Full settlement submit Compromise Agreement
for Courts action
SETTLEMENT
A. CIVIL CASES Partial settlement submit terms for Courts
action (judgment on partial compromise, enforced by execution w/out waiting for resolution of unsettled part); Court proceeds to trial if parties file motion for him to do so; otherwise, JDR judge turns over case to new judge by re-raffle in multi-sala or originating court in single sala for pre-trial proper & trial
SETTLEMENT
B. CRIMINAL CASES 1) Civil aspect submit compromise agreement for Courts action 2) Criminal aspect determined by Public Prosecutor subject to Courts action NO SETTLEMENT ON CIVIL ASPECT JDR judge tries case on merits if parties file joint written motion for him to do so; otherwise, case turned over to new judge by re-raffle in multi-sala or originating court in single sala for pre-trial proper & trial
JDR Judge, all court personnel or any person present during such proceedings shall not pass information obtained in JDR to trial judge or any other person. All JDR conferences conducted in private.
FUNCTIONS: 3) Assist in compromise agreement preparation (not contrary to law, morals, good customs, public order or public policy) for Courts approval, paying attention to voluntary compliance with terms & issues of enforcement in case of breach 4) Assist in preparation of manifestation of satisfaction of claims & mutual withdrawal of complaint & counterclaim as basis for Courts dismissal of case
(A. O. No. 28-2009 [March 2, 2009] Guidelines to Implement Mediation in RTC Acting as Appellate Courts in Appeals from First Level Courts)
PROCEDURE:
1) After receipt of Memorandum on appeal filed by appellant and lapse of period for filing appellees brief, RTC Judge issues Order calling parties to appear before him for JDR of case on appeal. 2) Judge conducts JDR & if parties settle, compromise agreement is submitted for Courts action.
3) If parties do not settle during JDR, case turned over to new judge through raffle to render decision on merits unless parties file joint written motion requesting judge that conducted JDR shall render judgment on case on appeal.
(A. O. No. 28-2009 [March 2, 2009] Guidelines to Implement Mediation in RTC Acting as Appellate Courts in Appeals from First Level Courts)
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