A.D.R.

R.A. 9285
Alternative Dispute Resolution Act of
2004
“Proofs of the Backwardness into which we have
fallen are the multitude of laws, the discontent of
both parties, the cases that last an eternity handed
down from father to sons and grandsons, the
enormous expenses that the aggrieved party has to
defray so that he may get justice.”

Jose P. Rizal 1890

“The courts should not be the places where the
resolution of disputes begins. They should be the
places where disputes end – after alternative
methods of resolving disputes have been considered
and tried.”

Justice Sandra Day O’ Connor

Some ADR under the
Auspices of the State
 Revised Katarungang
Pambarangay Law
[formerly P. D. 1508, repealed and now replaced by
Secs. 399-422, Chapter VII, Title I, Book III, and Sec.
515, Title I, Book IV, R.A. 7160, otherwise known as
the Local Government Code of 1991],
I. All disputes are subject to Barangay Conciliation pursuant to the
Revised Katarungang Pambarangay Law and prior recourse thereto
is a pre-condition before filing a complaint in court or any
government offices, except in the following disputes:
[1] Where one party is the government, or any subdivision or
instrumentality thereof;

[2] Where one party is a public officer or employee and the

dispute relates to the performance of his official functions;
[3] Where the dispute involves real properties located in
different cities and municipalities, unless the parties thereto
agree to submit their difference to amicable settlement by an
appropriate Lupon;

[4] Any complaint by or against corporations, partnerships or

juridical entities, since only individuals shall be parties to
Barangay conciliation proceedings either as complainants or
respondents [Sec. 1, Rule VI, Katarungang Pambarangay Rules];

[5] Disputes involving parties who actually reside in barangays

of different cities or municipalities, except where such barangay
units adjoin each other and the parties thereto agree to submit
their differences to amicable settlement by an appropriate
Lupon;
[6] Offenses for which the law prescribes a
maximum penalty of imprisonment exceeding
one [1] year or a fine of over five thousand
pesos (P5,000.00);

[7] Offenses where there is no private offended

party;
[8] Disputes where urgent legal action is necessary to prevent
injustice from being committed or further continued,
specifically the following:

[a] Criminal cases where accused is under police custody or

detention [See Sec. 412 (b) (1), Revised Katarungang
Pambarangay Law];

[b] Petitions for habeas corpus by a person illegally deprived

of his rightful custody over another or a person illegally
deprived of or on acting in his behalf;
[c] Actions coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property and support
during the pendency of the action;

[d] Actions which may be barred by the Statute of Limitations.

[9] Any class of disputes which the President may determine in the
interest of justice or upon the recommendation of the Secretary of
Justice;

[10] Where the dispute arises from the Comprehensive Agrarian

Reform Law (CARL) [Secs. 46 & 47, R. A. 6657];
[11] Labor disputes or controversies arising from employer-
employee relations [Montoya vs. Escayo, et al., 171 SCRA 442; Art.
226, Labor Code, as amended, which grants original and exclusive
jurisdiction over conciliation and mediation of disputes, grievances
or problems to certain offices of the Department of Labor and
Employment];

[12] Actions to annul judgment upon a compromise which may be

filed directly in court [See Sanchez vs. Tupaz, 158 SCRA 459].
Simple procedure:

1. File a complaint – written or oral with the Barangay chairman

2. Upon filing of the complaint – M/C/A – the running of the prescriptive

period of the action is tolled.

3. Mediation of the Lupon Chairman 15 days

4. Pangkat – 15 days extension 15days

5. Settlement in Writing signed by the parties / Lupon Chair / pangkat Chair

6. If not settled – issue certification to file action – certified by the Lupon/

Pangkat Secretary/ and the Lupon and Pangkat chair.
Conciliation – effect of amicable settlement and or Arbitration

1) Has the force and effect of a final judgment of a court.

2) Can repudiate within 10 days – Lupon Chair / or petition

to nullify the award filed with the proper first level court.

3) Execution – enforced by execution by the Lupon within 6

months / after the lapse of 6 months – execution by action in
the appropriate first level court.

Secretary of the Lupon – within 5 days from the lapse of 10

days after the settlement of C/A to the first level courts.
COURT-ANNEXED MEDIATION (CAM)
AND
JUDICIAL DISPUTE RESOLUTION (JDR)
 “to actively promote party autonomy in the
resolution of disputes or the freedom of the parties to
make their own arrangement to resolve disputes.
Towards this end, the State shall encourage and
actively promote the use of Alternative Dispute
Resolution (ADR) as an important means to achieve
speedy and impartial justice and de-clog court
dockets.”

RA 9285
The Three Stages of Diversion

CAM

JDR

ACM
(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 B.P. 22, 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

(4) The civil aspect of Quasi-Offenses under Title 14 of the Revised

Penal Code;
(5) The civil aspect of less grave felonies punishable by
correctional penalties not exceeding 6 years imprisonment,
where the offended party is a private person;

(6) The civil aspect of estafa, theft and libel;

(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;
(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; 12

(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; 13 and
(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;
The following cases shall not be referred to CAM and JDR:
1.Civil cases which by law cannot be compromised (Article 2035,
New Civil Code);
2. Other criminal cases not covered under paragraphs 3 to 6 above;
3. Habeas Corpus petitions;
4. All cases under Republic Act No. 9262 (Violence against Women
and Children); and
5. Cases with pending application for Restraining
Orders/Preliminary Injunctions. However, in cases covered under 1,
4 and 5 where the parties inform the court that they have agreed to
undergo mediation on some aspects thereof, e.g., custody of minor
children, separation of property, or support pendente lite, the court
shall refer them to mediation.
 Under Continuous Trial of Criminal Cases
A.M. 15-06-10 SC

Cases that must be referred to CAM

BP22/Pagibig Law/SSS Law/Libel/ Slander(grave-simple

or by deeds)/ Crimes against property-Civil in nature/
Theft / Stafa/ other forms of swindling/ Malicious
mischief/ incriminating innocent person/ Criminal
negligence ART. 365 Quasi offense/ intellectual
property right cases.
Art. 2035. No compromise upon the following
questions shall be valid:

(1) The civil status of persons;

(2) The validity of a marriage or a legal separation;
(3) Any ground for legal separation;
(4) Future support;
(5) The jurisdiction of courts;
(6) Future legitime.
WHAT IS THE PURPOSE OF THE TIME REQUIREMENT IN
THE NOTICE OF STRIKE/LOCKOUT?

The 15 and 30 days requirement is known as the Cooling-0ff Period

designed to afford parties the opportunity to amicably resolve the
dispute with the assistance of the NCMB Conciliator/Mediator. Should
the dispute remain unsettled until the lapse of the required number of
days from the mandatory filing of the notice, the labor union may
strike or the employer may commence a lockout after having complied
with the 7-day requirement for the filing of the strike or lockout vote,
as the case may be.
Single entry approach (SEnA) Labor disputes
Condition Precedent – filing a formal complaint for arbitration
(L/A) (Med/AR) (RD)

SEAD / by the SEADO

Coverage:

Termination/suspension
Sum of money claims / regardless of amount
Intra-inter Union disputes
ULP
Closure/redundancy/retrenchment
/temporary layoff
OFW cases
E/E relationship
Safety issues

Conciliation conference(Min. 2)
within 30 days upon notice
(extension7 days from 30 days
max.) – as many conferences as
deemed by the SEnA officer…
 Small Claims: Maximum amount P200,000.00
A.M. No. 08-8-7-SC 

SEC. 4. Applicability.—The Metropolitan Trial Courts, Municipal Trial

Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts
shall apply this Rule in all actions which are:

(a) purely civil in nature where the claim or relief prayed for by the
plaintiff is solely for payment or reimbursement of sum of money, and

(b) the civil aspect of criminal actions, either filed before the institution
of the criminal action, or reserved upon the filing of the criminal action in
court, pursuant to Rule 111 of the Revised Rules Of Criminal Procedure.
Rule 111

Section 1. Institution of criminal and civil actions. — (a) When a

criminal action is instituted, the civil action for the recovery of civil
liability arising from the offense charged shall be deemed instituted with
the criminal action unless the offended party waives the civil action,
reserves the right to institute it separately or institutes the civil action
prior to the criminal action.
The reservation of the right to institute separately the civil action shall be
made before the prosecution starts presenting its evidence and under
circumstances affording the offended party a reasonable opportunity to
make such reservation.
These claims or demands may be:

(a) For money owed under any of the following:

1. Contract of Lease;
2. Contract of Loan;
3. Contract of Services;
4. Contract of Sale; or
5. Contract of Mortgage;

(b) For damages arising from any of the following:

2. Fault or negligence;
2. Quasi-contract; or
3. Contract;

(c) The enforcement of a barangay amicable settlement or an arbitration award

involving a money claim covered by this Rule pursuant to Sec. 417 of Republic Act
7160, otherwise known as the Local Government Code of 1991.
SEC. 5. Commencement of Small Claims Action.—A small claims action is
commenced by filing with the court an accomplished and verified Statement of
Claim (Form 1-SCC) in duplicate,

accompanied by a Certification of Non-forum Shopping (Form 1-A, SCC),

and two (2) duly certified photocopies of the actionable document/s subject of
the claim, as well as the affidavits of witnesses and other evidence to support
the claim.

No evidence shall be allowed during the hearing which was not attached to or
submitted together with the Claim, unless good cause is shown for the
admission of additional evidence.

No formal pleading, other than the Statement of Claim described in this Rule, is
necessary to initiate a small claims action.
SEC. 21. Hearing. — At the hearing, the judge shall exert
efforts to bring the parties to an amicable settlement of
their dispute. Any settlement (Form 7-SCC) or resolution
(Form 8-SCC) of the dispute shall be reduced into writing,
signed by the parties and submitted to the court for
approval (Form 12-SCC)

Settlement discussions shall be strictly confidential and

any reference to any settlement made in the course of
such discussions shall be punishable by contempt.
Sec. 22. Failure of Settlement. — If efforts at settlement fail, the hearing
shall proceed in an informal and expeditious manner and be terminated
within one (1) day.

Either party may move in writing (Form 10-SCC) to have another judge
hear and decide the case. The reassignment of the case shall be done in
accordance with existing issuances.

The referral by the original judge to the Executive Judge shall be made
within the same day the motion is filed and granted, and by the Executive
Judge to the designated judge within the same day of the referral.

The new judge shall hear and decide the case within five (5) working days
from receipt of the order of reassignment.
SEC. 23. Decision.—After the hearing, the court shall render its
decision on the same day, based on the facts established by the
evidence (Form 13-SCC).

The decision shall immediately be entered by the Clerk of Court in

the court docket for civil cases and a copy thereof forthwith
served on the parties. The decision shall be final and
unappeasable. SEC. 24.

Execution.—If the decision is rendered in favor of the plaintiff,

execution shall issue upon motion (Form 9-SCC).
Study Legal Terminologies
(definition of terms)
Under
R.A. 9285
Special Rules of Court on
ADR (A.M. # 07-11-08)
 Any process or procedure used to resolve a dispute or
controversy, other than by adjudication of a presiding
judge of a court or an officer of a government agency. In
which a neutral third party participates to assist in the
resolution of issues, which includes arbitration, mediation,
conciliation, early neutral evaluation, mini trial, or any
combination thereof.
Alternative Dispute
Resolution
A structured dispute resolution method in which
the merits of a case are argued before a panel
comprising senior decision makers with or without
the presence of a neutral third person after which
the parties seek a negotiated settlement.
Mini-Trial
means a person who conducts mediation
Mediator
 means a list of persons qualified
to provide ADR services as
neutrals or to serve as arbitrators.
Roster
 means any mediation process conducted
under the auspices of the court, after such
court has acquired jurisdiction of the
dispute;
Court-Annexed Mediation
 means institutions or persons accredited as
mediator, conciliator, arbitrator, neutral
evaluator, or any person exercising similar
functions in any Alternative Dispute Resolution
system. This is without prejudice to the rights of
the parties to choose non-accredited individuals
to act as mediator, conciliator, arbitrator, or
neutral evaluator of their dispute.
ADR Provider
means a voluntary dispute resolution process in
which one or more arbitrators, appointed in
accordance with the agreement of the parties, or
rules promulgated pursuant to this Act, resolve a
dispute by rendering an award;
Arbitration
 means any partial or final decision
by an arbitrator in resolving the issue
in a controversy;
Award
means a State that is not a
member of the New York
Convention.
Non-Convention State
 means the United Nations Convention on
the Recognition and Enforcement of Foreign
Arbitral Awards approved in 1958 and
ratified by the Philippine Senate under
Senate Resolution No. 71;
New York Convention
means a person who participates in a
mediation and whose consent is
necessary to resolve the dispute;
Mediation Party
is a step dispute resolution process
involving both mediation and
arbitration;
Mediation-Arbitration
 means a foreign arbitral award
made in a State which is not a
Convention State;
Non-Convention Award
means any information, relative to the subject of mediation or
arbitration, expressly intended by the source not to be disclosed, or
obtained under circumstances that would create a reasonable
expectation on behalf of the source that the information shall not be
disclosed. It shall include (1) communication, oral or written, made
in a dispute resolution proceedings, including any memoranda,
notes or work product of the neutral party or non-party participant,
as defined in this Act; (2) an oral or written statement made or
which occurs during mediation or for purposes of considering,
conducting, participating, initiating, continuing of reconvening
mediation or retaining a mediator; and (3) pleadings, motions
manifestations, witness statements, reports filed or submitted in an
arbitration or for expert evaluation;
Confidential information
 means mediation ordered by a court to
be conducted in accordance with the
Agreement of the Parties when as
action is prematurely commenced in
violation of such agreement;
"Court-Referred Mediation" 
a. Motion to dismiss;

b. Motion for bill of particulars;

c. Motion for new trial or for reopening of trial;

d. Petition for relief from judgment;

e. Motion for extension, except in cases where an ex-parte temporary order of

protection has been issued;

f. Rejoinder to reply;

g. Motion to declare a party in default; and

h. Any other pleading specifically disallowed under any provision of the Special
ADR Rules.
Prohibited submissions
refers to the whole body of ADR laws in the Philippines.
"ADR Laws"
is one made in a country other than the Philippines.
"Foreign Arbitral Award"