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ADMINISTRATIVE RULES
(JDR Judges)
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
Receipt:
Segregates
Filing of Party/Counsel Recording by
Marked
Complaint/Petition Tags Case As the Clerk in
Mediatable
Mediatable Charge of
Cases
Civil Cases
Submission of
Notice of Pre-trial Pre-trial Briefs
Flowchart of a CRIMINAL CASE from filing to referral to PMC for CAM & JDR
Receipt:
Segregates
Filing of Prosecution Recording by the
Marked
Complaint/ Tags Case As Clerk in Charge of
Mediatable
Information Mediatable Criminal Cases
Cases
Issuance of W/A
Screening & thru Court Order
Docketing Marks As by the Judge & for
Mediatable payment of fees
Private complainant
pays fees if civil
aspect deemed Pre-trial
instituted w/ crim. Judge Orders
case the referral to
CAM (if
Raffling Mediatable) if
If arraigned, it FAILS,
issue Notice of Judge
Pre-trial conducts JDR
How long
should CAM
be
(PERIOD)?
DURATION OF MEDIATION
(A.M. No. 11-1-6-SC-PHILJA, Part Two, Court-Annexed
Mediation [CAM], Duration of Mediation in the PMC)
1. MEDIATORS REPORT
2. COMPROMISE AGREEMENT
3. WITHDRAWAL OF COMPLAINT &
COUNTERCLAIM
4. SATISFACTION OF THE CLAIM
If period of
payment
exceeds one (1)
year, what
happens?
PROCEDURE AFTER A SETTLEMENT
IS REACHED BY THE PARTIES
ARCHIVING IN CRIMINAL CASES
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.)
How is JDR
conducted
(roles)?
NEW ROLE OF JUDGES IN JDR
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, II on Procedure)
TWO-JUDGE SYSTEM
(TWO STAGES IN JUDICIAL PROCEEDINGS )
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
NEW ROLE OF JUDGES IN JDR
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, II on Procedure)
Judge as a MEDIATOR;
Judge as a CONCILIATOR;
GENERAL RULE
JDR judge shall not preside
over the trial of the case
when parties did not settle
their dispute at JDR
NEW ROLE OF JUDGES IN JDR
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, II on Procedure)
EXCEPTION
Parties file a Joint Written
Motion requesting JDR
judge to continue with the
trial of the case.
May parties be
represented
during CAM or
JDR
(SPA, Bd. Reso.)?
AUTHORITY TO SETTLE
(A.M. No. 11-1-6-SC-PHILJA, Part Two, Court-Annexed Mediation
[CAM], Procedure)
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
Corporate party litigants representatives must be
senior management officials with written authority
from the Board of Directors to offer, negotiate, accept,
decide and enter into compromise without need of
further approval/notification to authorizing party
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, VI on Party
Participation)
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
Corporate party litigants representatives must be
senior management officials with written authority
from the Board of Directors to offer, negotiate, accept,
decide and enter into compromise without need of
further approval/notification to authorizing party
How long
should judge
conduct JDR
(PERIOD)?
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, IX on Duration of
JDR proceedings)
Settled ? Trial
CoC records/sends
Referral to Trial
Judge
Yes No
Judgment
BCoC sends case back
to CoC for Re-raffle
Branch
Special Court conducts JDR
Return of
Summons
Receipt: Informs OCC for
Recording by Settled? docketing and
the Clerk in refers case to
Issuance of
Charge of another Special
Summons by
Cases Court for pre-trial
Branch Clerk of
proper, trial and
Court
No decision
Flowchart for Environmental Court (CAM & JDR)
Yes
Office of the Clerk of Notice of Pre-trial
Court
Party/Counsel Issue satisfaction
Tags Case As Submission of of claim (Order of
Filing of Mediatable Pre-trial Briefs Dismissal,
Complaint/Petition Compromise
Pre-trial Judge Agreement
Docketing Screening & Orders the referral to (Judgment) and
Marks As CAM (if Mediatable) Withdrawal of
Mediatable and if CAM fails, case Complaint/
Payment of all Counterclaim
fees at cashier referred back to
Answers/Pleadings/ Environmental Court (Approval)
including
Mediation fees Motions (Court acts on
TEPO Application)
Branch Environmental Court
conducts Mediation
Return of
Summons
Receipt:
Recording by
the Clerk in Issuance of
Summons by the Settled?
Charge of
Cases Branch Clerk of
Continuation of
Court No pre-trial proper,
trial & decision.
JUDICIAL DISPUTE RESOLUTION
[A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts
in relation to A. M. No. 09-6-8-C (APRIL 29, 2010) on RULES OF
PROCEDURE FOR ENVIRONMENTAL CASES]
ENVIRONMENTAL CASES
RULE 3 (Pre-Trial)
[A. M. No. 09-6-8-C (APRIL 29, 2010) on RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES]
Office of the Clerk of If no Response and does not If no response but defendant appears
Court appear during hearing, court during hearing, Court ascertains
renders judgment. defendant's defense & hears, mediates
& adjudicates case on same day as if
Response was filed
Filing of statement of
claim (affidavits & other If Response filed,
evidence Judge conducts JDR
during scheduled
Issue satisfaction
hearing
Docketing Verified Response of claim (Order of
w/ evidence Dismissal,
Payment of all (Counterclaim Compromise
fees at cashier allowed w/in Agreement
including Courts Jurisdiction) (Judgment) and
Mediation fees Withdrawal of
Settled? Yes Complaint/
Return of Counterclaim
Branch Summons Judge conducts
No (Approval)
hearing *
Receipt:
Recording by the Court may dismiss case OR Branch Clerk of Court issues
Clerk in Charge of summons to defendant to submit Verified Response & notice
Cases 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.
JUDICIAL DISPUTE RESOLUTION
[A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts
in relation to A.M. No. 08-8-7-SC (October 27, 2009) on RULES
OF PROCEDURE FOR SMALL CLAIMS CASES AS AMENDED]
SMALL CLAIMS CASES (Php100,000.00)
SEC. 21. Hearing - judge conducts JDR
Sec. 22. Failure of Settlement - If settlement fails, judge hears &
terminates case in one (1) day.
Either party may move in writing to have another judge hear &
decide case. Referral of case for reassignment by original judge to
Executive Judge made within same day motion is filed and granted.
Executive Judge refers case to designated judge within the same
day of referral. The new judge shall hear and decide the case within
five (5) working days from receipt of order of reassignment.
N.B. Small Claims Court Judge conducts mediation & trial (w/
option for another judge to conduct trial).
How about cases
with
application for
TRO/Prelim
Injunction?
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts)
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.)
Flowchart for Cases with TRO/Prelim. Injunction
application
Office of the Clerk of Court Notice of Pre-trial Yes
(Incidents raised to
be ruled upon by TRO
Party/Counsel Satisfaction of
Court)
Tags Case As claim - Order of
Filing of Mediatable Dismissal,
Complaint/Petition Submission of
Compromise
Pre-trial Briefs
Agreement
Docketing Screening & Judgment, or
Marks As TRO Court Judge Withdrawal of
Mediatable Orders the referral to Complaint/
Payment of all CAM (if Mediatable) Counterclaim
fees at cashier and if CAM fails, case
including Answers/Pleadings referred back to TRO
Mediation fees /Motions Court
Branch w/
summons issued TRO Court refers case to
& return OCC (docketing purposes)
for re-raffling to other
branch for JDR
Informs OCC
Receipt: (docketing
Recording Court hears Another Judge conducts JDR
purposes) and
by the Clerk and rules on
returns case to TRO
in Charge of TRO
Court for pre-trial
Cases Settled? No proper, trial and
decision
What is the
procedure in
SINGLE SALA
jurisdictions?
Flowchart for SINGLE Sala Court (CAM & JDR)
Yes
Notice of Pre-trial
Party/Counsel Return case to
Tags Case As Originating Court
Filing of Mediatable for appropriate
Complaint/Petition Submission of
action such as
Pre-trial Briefs
satisfaction of
Docketing Screening & claim (Order of
Marks As Judge Orders referral Dismissal,
Mediatable to CAM (if Compromise
Payment of all Mediatable) and if Agreement
fees at cashier CAM fails, case (Judgment) and
including referred to nearest Withdrawal of
Answers/Pleadings/
Mediation fees Court regardless of Complaint/
and Recording Motions level for JDR Counterclaim
by the Clerk in (Approval)
Charge of
Cases Return of JDR Court conducts
Summons JDR
TWO-JUDGE SYSTEM
(TWO STAGES IN JUDICIAL PROCEEDINGS )
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.
May the JDR
judge be also
the TRIAL judge
in Multi-sala?
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts)
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.
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts)
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.
May the TRIAL
judge be also
the JDR judge
in Single sala?
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, IV on JDR During
Trial)
FUNCTIONS:
2) Discuss with clients
a. substantive issues in dispute
b. prioritization of resolution in terms of importance to
client
c. understand position of other party & underlying fears,
concerns & needs underneath position
d. need for more information/facts gathered/exchanged
from other party for informed decision making
e. possible bargaining options but stressing need to be
open-minded about other possibilities
f. best, worst & most likely alternatives to negotiated
agreement (BATNA, WATNA, MLATNA)
COMMON PROVISIONS FOR CAM & JDR
(A. M. No. 11-1-6-SC-PHILJA, Part Four Provisions Common to
both CAM & JDR, II on Role of Lawyers in CAM & JDR
Proceedings)
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
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.
JDR FOR APPEALED CASES TO RTC
(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:
4) Where RTC judge affirms on appeal order of First Level
Court dismissing case for lack of jurisdiction, RTC judge
instead of trying the case on merits based on first paragraph
of Sec. 8, Rule 40 of Rules of Court shall order parties to
appear before him for JDR.
5) In cases where First Level Court decided case on merit
without jurisdiction, RTC judge shall not dismiss case but
instead conduct JDR.
Duration of JDR on Appeal 60 days that may be extended for
another 30 days upon joint motion of parties ~0~
What happens if
parties settle
or do not settle
in JDR?
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, VII on
Judgments/Decisions in JDR and X on Suspension of Periods)
SETTLEMENT
A. CIVIL CASES
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
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, XI on Settlement )
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
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, XII on Pre-trial
Proper & XIII on Trial and Judgment)