You are on page 1of 3

A.M. No.

05-3-25-SC-PHILJA, April 26, 2005


RE: RESOLUTION NO. 05-04, re: APPROVAL OF THE
DRAFT ADMINISTRATIVE CIRCULAR, ENTITLED
IMPLEMENTING GUIDELINES FOR THE UTILIZATION
AND DISBURSEMENT OF THE MEDIATION FUND
PROVIDED FOR IN SECTION 9 OF THE REVISED RULE
141 OF THE RULES OF COURT ON LEGAL FEES
Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court En Banc dated 26 April 2005
A.M. No. 05-3-25-SC-PHILJA.- Re: Resolution No. 05-04.. re: Approval of the Draft Administrative
Circular, entitled Implementing Guidelines for the Utilization and Disbursement of the Mediation
Fund Provided For in Section 9 of the Revised Rule 141 of the Rules of Court on Legal Fees.- The
Court Resolved to APPROVE the draft Administrative Circular, entitled Implementing Guidelines for
the Utilization and Disbursement of the Mediation Fund Provided For in Section 9 of the Revised
Rule 141 of the Rules of Court on Legal Fees, to wit:
ADMINISTRATIVE CIRCULAR No.___
Re:

IMPLEMENTING GUIDELINES FOR THE UTILIZATION AND DISBURSEMENT OF THE

MEDIATION FUND PROVIDED FOR IN SECTION 9 OF THE REVISED RULE 141 OF THE
RULES OF COURT ON LEGAL FEES
WHEREAS, the Supreme Court, in A.M. No. 01-10-5 SC-PHILJA, dated October 16, 2001,
designated the Philippine Judicial Academy (PHILJA) as the component unit of the Supreme Court
for court-referred, court-related mediation cases and other Alternative Dispute Resolution
Mechanisms, and established the Philippine Mediation Center (PMC) under the direction and
management of PHILJA.
WHEREAS; the Supreme Court, in AC No. 20-2002, dated April 24, 2002, directed PHILJA to
formulate and issue implementing rules and regulations for the proper implementation of courtreferred mediation.
WHEREAS, A.M. No, 01-10-5 SC-PHILJA further authorized PHILJA to enlist the technical and
management assistance of appropriate and qualified organizations or individuals to assist it in
supervising PMC Units, subject to ratification of the PHILJA Board of Trustees.

WHEREAS, in 2001, PHILJA created the ADR Committee to assist it in the promotion, planning,
supervision, and institutionalization of court- annexed mediation nationwide and in the formulation of
guidelines, rules and regulations as may be needed in the fulfillment of its mandate as the
component unit of the Supreme Court for court-annexed mediation.
WHEREAS, since 2001, PHILJA, in coordination with the Office of the Court Administrator, has been
creating, directing, managing and supervising IJMC Units in Metro Manila, Cebu City, Mandaue,
Lapu-Lapu, Davao City, Oigos, Tagum. Panabo, Cagayan de Oro City, and for the JURIS Project, in
San Fernando, Pampanga. And in Bacolod City, Negros Occidental, or a total of 37 units.
WHEREAS, notwithstanding PHILJAs efforts, the expansion of mediation in other areas has been
hampered largely due to funding constraints and shortage of personnel;
WHEREAS, the Supreme Court, in A.M. No. 04-02-04 SC; approved the Proposed Revision of Rule
141, Revised Rules of Court on Legal Fees, dated July 20, 2004, effective on August 16, 2004,
providing among others for a Mediation Fundin Section 9 thereof, which section reads in pan as
follows:
The amount collected shall be receipted and separated as part of a special fund to be known as the
Mediation Fund and shall accrue SC-PHILJA-PMC Fund, disbursements from which are and shall be
pLirsinm q guidelines approved by the Supreme Count. x x x x

WHEREAS, pursuant thereto, the PHILJA, ADR Committee has adopted and submitted to the
Supreme Court for its approval the herein Proposed Guidelines on the Utilization and Disbursement
of the Mediation Fund:
NOW, THEREFORE, the following Guidelines for the Utilization, Disposition, and Disbursement of
the Mediation Fund, under Section 9, Rule 14] on Legal Fees, are hereby issued:
A. Purpose and Utilization of the Mediation Fund
The Fund shall be used for:
a)Establishment of PMC Units;
b)Training seminars / workshops / internship programs for Mediators
c) Payment of Mediators1 Fees, including the PMC Unit Supervisor;
d) Payment of Operating Expenses;
e)

Advocacy and promotion of court-annexed mediation and other relevant modes of ADR

f)

Such other expenses as authorized by Section 9. Rule 141[1] of the Rules of Court.

The Fund shall be managed by PHILJA subject to accounting and auditing rules and regulations.
B. Deposit of the Mediation Fund
The Fund shall be deposited in (1) SC PHILJA PMC Trust Fund (Rule 1.41) I-BP Savings Account

No. 3472-1000-08, for collections under Section 9, Rule 141, of the Rules of Court; and (2) the SCPFULJA-PMC-TRUST Fund, LBP Account No. 0592-1055-60, for collections under A.M. No, 01-105-SC-PHILJA.
HILARIO G. DAVIDE, JR. Chief Justice
(97)
Very truly yours,
LUZVIMINDA D. PUNO Clerk of Court
By:
(Sgd.) MA. LUISA D. VILLARAMA Assistant Clerk of Court
[1]

The Fund shall be utilized for the promotion of court-annexed mediation and other relevant modes

of alternative dispute resolution (ADR), training of mediators, payment of mediators fees, and
operating expenses of the Philippine Mediation Center (PMC) units including expenses for
technical sssiscance and organizations/individuals, transportation/communication expanses,
photocopying, supplies and equipment, expenis allowance and miscellaneous expenses,
whenever necessary, subject to auditing rules and regulations. In view thereof, the mediation fees
shall not form part of the Judiciary Development Fund (JDF) under P.D, No. 1949 nor of the special
allowances granted to justices and judges under Republic Act No, 9227 (sec. 9, Rule A as revised).

You might also like