Class Notes for FinalsDean Leonen
Cha Mendoza_Civil Procedure_Ordinary Civil Actions
-this would include agreement as to the law applicable, court that would have jurisdiction, the
What if no agreement as to who is going to be the ARBITRATOR?Default: parties agreeIf none:1.
The institution: if institutional arbitration2.
If ADHOC: IBP president appoints3.
If under UNCITRAL MODEL LAW: appointed court may choose
What happens in ENE and Minitrial? What law would apply?The parties may determine consequences when there is a dispute
…provide proviso as there is no governing rule
…if no proviso, badly crafted, NULL & VOID? NO. courts would interpret it
parties intended to undergoADR, Malabo lang pagkacraft)-In ENE & MT, lawyers have opportunity to craft the rules that would governMEDIATION, Katarungang pambarangayGR: all civil cases must undergo katarungang pambarangayX: parties agree in writing that jurisdiction of dispute is not under katarungang pambarangay?
…when party requests for provisional remedies
-When undergo: basically all civil casesX: seven exceptions-lawyers may be present in Katarungang Pambarangay Proceedings
but cannot speak for the parties
…they may give advice to the parties –
it is not prohibited by LGCWhat happens if you put Arbitration proceedings? Go to KB? No, contract governs!Pangkat
still conciliation proceedings
…The assumption is that when the chair can’t do it, 3 persons may be able to do it! (Fallacy daw sabi ni
END: Amicable settlement
a special kind of contract arising from the settlement-Enforcement: apply for a writ of execution (it has a nature of a final judgment)
…w/n 6m: before lupon
…after 6m: Municipal court
IF NO AGREEMENT: lupon chair issues a CERTIFICATE TO FILE ACTION-certificate to file action attached to the complain
REMEDY for assailing AMICABLE SETTLEMENT:
EPUDIATION OF THE SETTLEMENT
w/n10d after the date of settlement-grounds: FVI-how: sworn statement/affidavit filed w/ lupon chair-condition precedent: w/o it, action could be dismissed
CAN MEDIATION BE COMPULSORY?
*Mediation is compulsory in KB
parties should undergo KB or else action could be dismissed (conditionprecedent)BUT GR: mediation is not compulsory (ADR Law: voluntary process nga eh)
MEDIATION vs. ARBITRATION vs. CONTRACT
Mediation: Mediated settlement (ADR Law)Arbitration: Arbitrational Award (ADR Law, Domestic Arb Law)KB: Amicable Settlement (LGC)Contract: parties themselves entered it
DIFFERENCE IN ENFORCEMENT
what if the amount involved is P1.3M? where would the settlement be enforced? Still depends onwhere the settlement was made
LGC or ADR law
did the ADR Law (later law) repeal LGC provs? NO! (note here the conflict: in ADR law, conciliation isvoluntary while in KP, conciliation is a condition precedent to filing an action)
response to conflict: notall disputes are subject to KP (see above!)
Okay notes for clarification…SUMMARY
Result Amicable Arbitral Award Mediated Contract
Amicable settlement-lupon chair/municipal court-similar to a final and executory judgment-LGCMediated Settlement-CFI/RTC -deposit w/ RTC COC-summary hearing -action forenforcement-ADR Law
Sec108, LGC: subj matter of Amicable settlement
GR: all disputes
…parties ACTUALLY RESIDING in same CITY/MUNICIPALITY
1 party = gov’t/subd
1 party = public officer/ee + dispute related toperformance of official functions3.
Offense punishale byIMPRISONMENT > 1YRFINE > P5K4.
Offenses w/o private offended party (sinomagpupunta brgy???)5.
Real property in different citiesX: parties agree6.
Parties actually reside in brgys of DIFFCITIES/MUNICIPALITIESX: brgy units adjoin each other + parties agree7.
Disputes determined by the President
…In interest of justice OR
…upon recommendation by SOJ