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A.M. No. 07-11-08-SC

September 1, 2009

SPECIAL RULES OF COURT ON ALTERNATI E !ISPUTE RESOLUTION Acting on the recommendation of the Chairperson of the Sub-Committee on the Rules on Alternative Dispute Resolution submitting for this Courts consideration and approval the proposed Special Rules of Court on Alternative Dispute Resolution, the Court Resolved to APPROV the same! "his Rule shall ta#e effect on October $%, &%%' follo(ing its publication in three )$* ne(spapers of general circulation! September +, &%%'!

!IOS!A!O M. PERALTA Associate ,ustice MARIANO C. !EL CASTILLO Associate ,ustice

LUCAS P. $ERSAMIN Associate ,ustice RO$ERTO A. A$A! Associate ,ustice

SPECIAL RULES OF COURT ON ALTERNATI E !ISPUTE RESOLUTION PART I %ENERAL PRO ISIONS AN! POLICIES RULE 1) %ENERAL PRO ISIONS

RE"NATO S. PUNO Chief ,ustice LEONAR!O A. #UISUM$IN% Associate ,ustice ANTONIO T. CARPIO Associate ,ustice CONC&ITA CARPIO MORALES Associate ,ustice PRES$ITERO (. ELASCO, (R. Associate ,ustice TERESITA (. LEONAR!O-!E CASTRO Associate ,ustice

R*+e 1.1. Subject matter and governing rules!-"he Special Rules of Court on Alternative Dispute Resolution )the -Special ADR Rules-* shall appl. to and govern the follo(ing cases/ CONSUELO "NARES-SANTIA%O Associate ,ustice a! Relief on the issue of 0istence, Validit., or nforceabilit. of RENATO C. CORONA Associate ,ustice MINITA . C&ICO-NA'ARIO Associate ,ustice ANTONIO E!UAR!O $. NAC&URA Associate ,ustice ARTURO !. $RION Associate ,ustice the Arbitration Agreement1 b! Referral to Alternative Dispute Resolution )-ADR-*1 c! 2nterim 3easures of Protection1 d! Appointment of Arbitrator1 e! Challenge to Appointment of Arbitrator1 f! "ermination of 3andate of Arbitrator1 g! Assistance in "a#ing vidence1

h! Confirmation, Correction or Vacation of A(ard in Domestic Arbitration1 i! Recognition and nforcement or Setting Aside of an A(ard in 2nternational Commercial Arbitration1 4! Recognition and nforcement of a 5oreign Arbitral A(ard1 #! Confidentialit.6Protective Orders1 and l! Deposit and nforcement of 3ediated Settlement Agreements! R*+e 1.2. Nature of the proceedings!-All proceedings under the Special ADR Rules are special proceedings! R*+e 1.,. Summary proceedings in certain cases!-"he proceedings in the follo(ing instances are summar. in nature and shall be governed b. this provision/ a! ,udicial Relief 2nvolving the 2ssue of 0istence, Validit. or nforceabilit. of the Arbitration Agreement1 b! Referral to ADR1 c! 2nterim 3easures of Protection1 d! Appointment of Arbitrator1 e! Challenge to Appointment of Arbitrator1 f! "ermination of 3andate of Arbitrator1 g! Assistance in "a#ing vidence1 h! Confidentialit.6Protective Orders1 and

i! Deposit and nforcement of 3ediated Settlement Agreements! )A* Service and filing of petition in summary proceedings!-"he petitioner shall serve, either b. personal service or courier, a cop. of the petition upon the respondent before the filing thereof! Proof of service shall be attached to the petition filed in court! 5or personal service, proof of service of the petition consists of the affidavit of the person (ho effected service, stating the time, place and manner of the service on the respondent! 5or service b. courier, proof of service consists of the signed courier proof of deliver.! 2f service is refused or has failed, the affidavit or deliver. receipt must state the circumstances of the attempted service and refusal or failure thereof! )7* Notice!- 0cept for cases involving Referral to ADR and Confidentialit.6Protective Orders made through motions, the court shall, if it finds the petition sufficient in form and substance, send notice to the parties directing them to appear at a particular time and date for the hearing thereof (hich shall be set no later than five )8* da.s from the lapse of the period for filing the opposition or comment! "he notice to the respondent shall contain a statement allo(ing him to file a comment or opposition to the petition (ithin fifteen )+8* da.s from receipt of the notice! "he motion filed pursuant to the rules on Referral to ADR or Confidentialit.6Protective Orders shall be set for hearing b. the movant and contain a notice of hearing that complies (ith the re9uirements under Rule +8 of the Rules of Court on motions! )C* Summary hearing! - 2n all cases, as far as practicable, the summar. hearing shall be conducted in one )+* da. and onl. for purposes of clarif.ing facts! 0cept in cases involving Referral to ADR or Confidentialit.6Protective Orders made through motions, it shall be the court that sets the petition

for hearing (ithin five )8* da.s from the lapse of the period for filing the opposition or comment! )D* Resolution! - "he court shall resolve the matter (ithin a period of thirt. )$%* da.s from the da. of the hearing! R*+e 1.-. Verification and submissions! -An. pleading, motion, opposition, comment, defense or claim filed under the Special ADR Rules b. the proper part. shall be supported b. verified statements that the affiant has read the same and that the factual allegations therein are true and correct of his o(n personal #no(ledge or based on authentic records and shall contain as anne0es the supporting documents! "he anne0es to the pleading, motion, opposition, comment, defense or claim filed b. the proper part. ma. include a legal brief, dul. verified b. the la(.er submitting it, stating the pertinent facts, the applicable la( and 4urisprudence to 4ustif. the necessit. for the court to rule upon the issue raised! R*+e 1... Certification Against Forum Shopping! - A Certification Against 5orum Shopping is one made under oath made b. the petitioner or movant/ )a* that he has not theretofore commenced an. action or filed an. claim involving the same issues in an. court, tribunal or 9uasi4udicial agenc. and, to the best of his #no(ledge, no such other action or claim is pending therein1 )b* if there is such other pending action or claim, a complete statement of the present status thereof1 and )c* if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact (ithin five )8* da.s therefrom to the court (herein his aforementioned petition or motion has been filed! A Certification Against 5orum Shopping shall be appended to all initiator. pleadings e0cept a 3otion to Refer the Dispute to Alternative Dispute Resolution!

R*+e 1./. Prohibited submissions! - "he follo(ing pleadings, motions, or petitions shall not be allo(ed in the cases governed b. the Special ADR Rules and shall not be accepted for filing b. the Cler# of Court/ a! 3otion to dismiss1 b! 3otion for bill of particulars1 c! 3otion for ne( trial or for reopening of trial1 d! Petition for relief from 4udgment1 e! 3otion for e0tension, e0cept in cases (here an e0-parte temporar. order of protection has been issued1 f! Re4oinder to repl.1 g! 3otion to declare a part. in default1 and h! An. other pleading specificall. disallo(ed under an. provision of the Special ADR Rules! "he court shall motu proprio order a pleading6motion that it has determined to be dilator. in nature be e0punged from the records! R*+e 1.7. Computation of time! - 2n computing an. period of time prescribed or allo(ed b. the Special ADR Rules, or b. order of the court, or b. an. applicable statute, the da. of the act or event from (hich the designated period of time begins to run is to be e0cluded and the date of performance included! 2f the last da. of the period, as thus computed, falls on a Saturda., a Sunda., or a legal holida. in the place (here the court sits, the time shall not run until the ne0t (or#ing da.! Should an act be done (hich effectivel. interrupts the running of the period, the allo(able period after such interruption shall start to run on the da. after notice of the cessation of the cause thereof!

"he da. of the act that caused the interruption shall be e0cluded from the computation of the period! R*+e 1.8. Service and filing of pleadings, motions and other papers in non summary proceedings! - "he initiator. pleadings shall be filed directl. (ith the court! "he court (ill then cause the initiator. pleading to be served upon the respondent b. personal service or courier! :here an action is alread. pending, pleadings, motions and other papers shall be filed and6or served b. the concerned part. b. personal service or courier! :here courier services are not available, resort to registered mail is allo(ed! )A* Proof of filing! - "he filing of a pleading shall be proved b. its e0istence in the record of the case! 2f it is not in the record, but is claimed to have been filed personall., the filing shall be proved b. the (ritten or stamped ac#no(ledgment of its filing b. the cler# of court on a cop. of the same1 if filed b. courier, b. the proof of deliver. from the courier compan.! )7* Proof of service! - Proof of personal service shall consist of a (ritten admission b. the part. served, or the official return of the server, or the affidavit of the part. serving, containing a full statement of the date, place and manner of service! 2f the service is b. courier, proof thereof shall consist of an affidavit of the proper person, stating facts sho(ing that the document (as deposited (ith the courier compan. in a sealed envelope, plainl. addressed to the part. at his office, if #no(n, other(ise at his residence, (ith postage full. pre-paid, and (ith instructions to the courier to immediatel. provide proof of deliver.! )C* Filing and service by electronic means and proof thereof! - 5iling and service of pleadings b. electronic transmission ma. be allo(ed b. agreement of the parties approved b. the court! 2f the filing or service of a pleading or motion (as done b. electronic transmission, proof of filing and service shall be made in accordance (ith the Rules on lectronic vidence!

R*+e 1.9. No summons! - 2n cases covered b. the Special ADR Rules, a court ac9uires authorit. to act on the petition or motion upon proof of 4urisdictional facts, i!e!, that the respondent (as furnished a cop. of the petition and the notice of hearing! )A* Proof of service! - A proof of service of the petition and notice of hearing upon respondent shall be made in (riting b. the server and shall set forth the manner, place and date of service! )7* !urden of proof! - "he burden of sho(ing that a cop. of the petition and the notice of hearing (ere served on the respondent rests on the petitioner! "he technical rules on service of summons do not appl. to the proceedings under the Special ADR Rules! 2n instances (here the respondent, (hether a natural or a 4uridical person, (as not personall. served (ith a cop. of the petition and notice of hearing in the proceedings contemplated in the first paragraph of Rule +!$ )7*, or the motion in proceedings contemplated in the second paragraph of Rule +!$ )7*, the method of service resorted to must be such as to reasonabl. ensure receipt thereof b. the respondent to satisf. the re9uirement of due process! R*+e 1.10. Contents of petition"motion! - "he initiator. pleading in the form of a verified petition or motion, in the appropriate case (here court proceedings have alread. commenced, shall include the names of the parties, their addresses, the necessar. allegations supporting the petition and the relief)s* sought! R*+e 1.11. #efinition! - "he follo(ing terms shall have the follo(ing meanings/ a! -ADR ;a(s- refers to the (hole bod. of ADR la(s in the Philippines!

b! -Appointing Authorit.- shall mean the person or institution named in the arbitration agreement as the appointing authorit.1 or the regular arbitration institution under (hose rule the arbitration is agreed to be conducted! :here the parties have agreed to submit their dispute to institutional arbitration rules, and unless the. have agreed to a different procedure, the. shall be deemed to have agreed to procedure under such arbitration rules for the selection and appointment of arbitrators! 2n ad hoc arbitration, the default appointment of arbitrators shall be made b. the <ational President of the 2ntegrated 7ar of the Philippines or his dul. authori=ed representative! c! -Authenticate- means to sign, e0ecute or use a s.mbol, or encr.pt a record in (hole or in part, intended to identif. the authenticating part. and to adopt, accept or establish the authenticit. of a record or term! d! -5oreign Arbitral A(ard- is one made in a countr. other than the Philippines! e! -;egal 7rief- is a (ritten legal argument submitted to a court, outlining the facts derived from the factual statements in the (itnesss statements of fact and citing the legal authorities relied upon b. a part. in a case submitted in connection (ith petitions, counter-petitions )i!e!, petitions to vacate or to set aside and6or to correct6modif. in opposition to petitions to confirm or to recogni=e and enforce, or petitions to confirm or to recogni=e and enforce in opposition to petitions to vacate or set aside and6or correct6modif.*, motions, evidentiar. issues and other matters that arise during the course of a case! "he legal brief shall state the applicable la( and the relevant 4urisprudence and the legal arguments in support of a part.s position in the case! f! -Verification- shall mean a certification under oath b. a part. or a person (ho has authorit. to act for a part. that he has read the pleading6motion, and that he certifies to the truth of the facts

stated therein on the basis of his o(n personal #no(ledge or authentic documents in his possession! :hen made b. a la(.er, verification shall mean a statement under oath b. a la(.er signing a pleading6motion for deliver. to the Court or to the parties that he personall. prepared the pleading6motion, that there is sufficient factual basis for the statements of fact stated therein, that there is sufficient basis in the facts and the la( to support the pra.er for relief therein, and that the pleading6motion is filed in good faith and is not interposed for dela.! R*+e 1.12. Applicability of Part $$ on Specific Court Relief! - Part 22 of the Special ADR Rules on Specific Court Relief, insofar as it refers to arbitration, shall also be applicable to other forms of ADR! R*+e 1.1,. Spirit and intent of the Special ADR Rules. > 2n situations (here no specific rule is provided under the Special ADR Rules, the court shall resolve such matter summaril. and be guided b. the spirit and intent of the Special ADR Rules and the ADR ;a(s! RULE 2) STATEMENT OF POLICIES R*+e 2.1. %eneral policies! - 2t is the polic. of the State to activel. promote the use of various modes of ADR and to respect part. autonom. or the freedom of the parties to ma#e their o(n arrangements in the resolution of disputes (ith the greatest cooperation of and the least intervention from the courts! "o this end, the ob4ectives of the Special ADR Rules are to encourage and promote the use of ADR, particularl. arbitration and mediation, as an important means to achieve speed. and efficient resolution of disputes, impartial 4ustice, curb a litigious culture and to de-clog court doc#ets! "he court shall e0ercise the po(er of 4udicial revie( as provided b. these Special ADR Rules! Courts shall intervene onl. in the cases allo(ed b. la( or these Special ADR Rules!

R*+e 2.2. Policy on arbitration!- )A* :here the parties have agreed to submit their dispute to arbitration, courts shall refer the parties to arbitration pursuant to Republic Act <o! '&?8 bearing in mind that such arbitration agreement is the la( bet(een the parties and that the. are e0pected to abide b. it in good faith! 5urther, the courts shall not refuse to refer parties to arbitration for reasons including, but not limited to, the follo(ing/ a! "he referral tends to oust a court of its 4urisdiction1 b! "he court is in a better position to resolve the dispute sub4ect of arbitration1 c! "he referral (ould result in multiplicit. of suits1 d! "he arbitration proceeding has not commenced1 e! "he place of arbitration is in a foreign countr.1 f! One or more of the issues are legal and one or more of the arbitrators are not la(.ers1 g! One or more of the arbitrators are not Philippine nationals1 or h! One or more of the arbitrators are alleged not to possess the re9uired 9ualification under the arbitration agreement or la(! )7* :here court intervention is allo(ed under ADR ;a(s or the Special ADR Rules, courts shall not refuse to grant relief, as provided herein, for an. of the follo(ing reasons/ a! Prior to the constitution of the arbitral tribunal, the court finds that the principal action is the sub4ect of an arbitration agreement1 or

b! "he principal action is alread. pending before an arbitral tribunal! "he Special ADR Rules recogni=e the principle of competencecompetence, (hich means that the arbitral tribunal ma. initiall. rule on its o(n 4urisdiction, including an. ob4ections (ith respect to the e0istence or validit. of the arbitration agreement or an. condition precedent to the filing of a re9uest for arbitration! "he Special ADR Rules recogni=e the principle of separabilit. of the arbitration clause, (hich means that said clause shall be treated as an agreement independent of the other terms of the contract of (hich it forms part! A decision that the contract is null and void shall not entail ipso 4ure the invalidit. of the arbitration clause! R*+e 2.,. Rules governing arbitral proceedings! - "he parties are free to agree on the procedure to be follo(ed in the conduct of arbitral proceedings! 5ailing such agreement, the arbitral tribunal ma. conduct arbitration in the manner it considers appropriate! R*+e 2.-. Policy implementing competence competence principle! - "he arbitral tribunal shall be accorded the first opportunit. or competence to rule on the issue of (hether or not it has the competence or 4urisdiction to decide a dispute submitted to it for decision, including an. ob4ection (ith respect to the e0istence or validit. of the arbitration agreement! :hen a court is as#ed to rule upon issue6s affecting the competence or 4urisdiction of an arbitral tribunal in a dispute brought before it, either before or after the arbitral tribunal is constituted, the court must e0ercise 4udicial restraint and defer to the competence or 4urisdiction of the arbitral tribunal b. allo(ing the arbitral tribunal the first opportunit. to rule upon such issues! :here the court is as#ed to ma#e a determination of (hether the arbitration agreement is null and void, inoperative or incapable of being performed, under this polic. of 4udicial restraint, the court must ma#e no more than a prima facie determination of that issue!

@nless the court, pursuant to such prima facie determination, concludes that the arbitration agreement is null and void, inoperative or incapable of being performed, the court must suspend the action before it and refer the parties to arbitration pursuant to the arbitration agreement! R*+e 2... Policy on mediation! - "he Special ADR Rules do not appl. to Court-Anne0ed 3ediation, (hich shall be governed b. issuances of the Supreme Court! :here the parties have agreed to submit their dispute to mediation, a court before (hich that dispute (as brought shall suspend the proceedings and direct the parties to submit their dispute to private mediation! 2f the parties subse9uentl. agree, ho(ever, the. ma. opt to have their dispute settled through Court-Anne0ed 3ediation! R*+e 2./. Policy on Arbitration &ediation or &ediation Arbitration! <o arbitrator shall act as a mediator in an. proceeding in (hich he is acting as arbitrator1 and all negotiations to(ards settlement of the dispute must ta#e place (ithout the presence of that arbitrator! Conversel., no mediator shall act as arbitrator in an. proceeding in (hich he acted as mediator! R*+e 2.7. Conversion of a settlement agreement to an arbitral a'ard! :here the parties to mediation have agreed in the (ritten settlement agreement that the mediator shall become the sole arbitrator for the dispute or that the settlement agreement shall become an arbitral a(ard, the sole arbitrator shall issue the settlement agreement as an arbitral a(ard, (hich shall be sub4ect to enforcement under the la(! PART II SPECIFIC COURT RELIEF RULE ,) (U!ICIAL RELIEF IN OL IN% T&E ISSUE OF E0ISTENCE, ALI!IT" AN! ENFORCEA$ILIT" OF T&E AR$ITRATION A%REEMENT

R*+e ,.1. (hen judicial relief is available! - "he 4udicial relief provided in Rule $, (hether resorted to before or after commencement of arbitration, shall appl. onl. (hen the place of arbitration is in the Philippines! A. (*12324+ Re+2e5 be5ore Comme63eme6t o5 Arb2tr4t2o6 R*+e ,.2. (ho may file petition! - An. part. to an arbitration agreement ma. petition the appropriate court to determine an. 9uestion concerning the e0istence, validit. and enforceabilit. of such arbitration agreement serving a cop. thereof on the respondent in accordance (ith Rule +!A )A*! R*+e ,.,. (hen the petition may be filed! - "he petition for 4udicial determination of the e0istence, validit. and6or enforceabilit. of an arbitration agreement ma. be filed at an. time prior to the commencement of arbitration! Despite the pendenc. of the petition provided herein, arbitral proceedings ma. nevertheless be commenced and continue to the rendition of an a(ard, (hile the issue is pending before the court! R*+e ,.-. Venue! - A petition 9uestioning the e0istence, validit. and enforceabilit. of an arbitration agreement ma. be filed before the Regional "rial Court of the place (here an. of the petitioners or respondents has his principal place of business or residence! R*+e ,... %rounds! - A petition ma. be granted onl. if it is sho(n that the arbitration agreement is, under the applicable la(, invalid, void, unenforceable or ine0istent! R*+e ,./. Contents of petition! - "he verified petition shall state the follo(ing/ a! "he facts sho(ing that the persons named as petitioner or respondent have legal capacit. to sue or be sued1

b! "he nature and substance of the dispute bet(een the parties1 c! "he grounds and the circumstances relied upon b. the petitioner to establish his position1 and d! "he relief6s sought! Apart from other submissions, the petitioner must attach to the petition an authentic cop. of the arbitration agreement! R*+e ,.7. Comment")pposition!-"he comment6opposition of the respondent must be filed (ithin fifteen )+8* da.s from service of the petition! R*+e ,.8. Court action! - 2n resolving the petition, the court must e0ercise 4udicial restraint in accordance (ith the polic. set forth in Rule &!A, deferring to the competence or 4urisdiction of the arbitral tribunal to rule on its competence or 4urisdiction! R*+e ,.9. No forum shopping! - A petition for 4udicial relief under this Rule ma. not be commenced (hen the e0istence, validit. or enforceabilit. of an arbitration agreement has been raised as one of the issues in a prior action before the same or another court! R*+e ,.10. Application for interim relief! - 2f the petitioner also applies for an interim measure of protection, he must also compl. (ith the re9uirements of the Special ADR Rules for the application for an interim measure of protection! R*+e ,.11. Relief against court action! - :here there is a prima facie determination upholding the arbitration agreement!-A prima facie determination b. the court upholding the e0istence, validit. or enforceabilit. of an arbitration agreement shall not be sub4ect to a motion for reconsideration, appeal or certiorari!

Such prima facie determination (ill not, ho(ever, pre4udice the right of an. part. to raise the issue of the e0istence, validit. and enforceabilit. of the arbitration agreement before the arbitral tribunal or the court in an action to vacate or set aside the arbitral a(ard! 2n the latter case, the courts revie( of the arbitral tribunals ruling upholding the e0istence, validit. or enforceabilit. of the arbitration agreement shall no longer be limited to a mere prima facie determination of such issue or issues as prescribed in this Rule, but shall be a full revie( of such issue or issues (ith due regard, ho(ever, to the standard for revie( for arbitral a(ards prescribed in these Special ADR Rules! $. (*12324+ Re+2e5 45ter Arb2tr4t2o6 Comme63e7 R*+e ,.12. (ho may file petition! - An. part. to arbitration ma. petition the appropriate court for 4udicial relief from the ruling of the arbitral tribunal on a preliminar. 9uestion upholding or declining its 4urisdiction! Should the ruling of the arbitral tribunal declining its 4urisdiction be reversed b. the court, the parties shall be free to replace the arbitrators or an. one of them in accordance (ith the rules that (ere applicable for the appointment of arbitrator sought to be replaced! R*+e ,.1,. (hen petition may be filed! - "he petition ma. be filed (ithin thirt. )$%* da.s after having received notice of that ruling b. the arbitral tribunal! R*+e ,.1-. Venue! - "he petition ma. be filed before the Regional "rial Court of the place (here arbitration is ta#ing place, or (here an. of the petitioners or respondents has his principal place of business or residence! R*+e ,.1.. %rounds! - "he petition ma. be granted (hen the court finds that the arbitration agreement is invalid, ine0istent or unenforceable as a result of (hich the arbitral tribunal has no 4urisdiction to resolve the dispute! R*+e ,.1/. Contents of petition! - "he petition shall state the follo(ing/

a! "he facts sho(ing that the person named as petitioner or respondent has legal capacit. to sue or be sued1 b! "he nature and substance of the dispute bet(een the parties1 c! "he grounds and the circumstances relied upon b. the petitioner1 and d! "he relief6s sought! 2n addition to the submissions, the petitioner shall attach to the petition a cop. of the re9uest for arbitration and the ruling of the arbitral tribunal! "he arbitrators shall be impleaded as nominal parties to the case and shall be notified of the progress of the case! R*+e ,.17. Comment")pposition! - "he comment6opposition must be filed (ithin fifteen )+8* da.s from service of the petition! R*+e ,.18. Court action! - )A* Period for resolving the petition!- "he court shall render 4udgment on the basis of the pleadings filed and the evidence, if an., submitted b. the parties, (ithin thirt. )$%* da.s from the time the petition is submitted for resolution! )7* No injunction of arbitration proceedings! - "he court shall not en4oin the arbitration proceedings during the pendenc. of the petition! ,udicial recourse to the court shall not prevent the arbitral tribunal from continuing the proceedings and rendering its a(ard! )C* (hen dismissal of petition is appropriate! - "he court shall dismiss the petition if it fails to compl. (ith Rule $!+B above1 or if upon consideration of the grounds alleged and the legal briefs submitted b. the parties, the petition does not appear to be prima facie meritorious!

R*+e ,.19. Relief against court action! - "he aggrieved part. ma. file a motion for reconsideration of the order of the court! "he decision of the court shall, ho(ever, not be sub4ect to appeal! "he ruling of the court affirming the arbitral tribunals 4urisdiction shall not be sub4ect to a petition for certiorari! "he ruling of the court that the arbitral tribunal has no 4urisdiction ma. be the sub4ect of a petition for certiorari! R*+e ,.20. (here no petition is allo'ed! - :here the arbitral tribunal defers its ruling on preliminar. 9uestion regarding its 4urisdiction until its final a(ard, the aggrieved part. cannot see# 4udicial relief to 9uestion the deferral and must a(ait the final arbitral a(ard before see#ing appropriate 4udicial recourse! A ruling b. the arbitral tribunal deferring resolution on the issue of its 4urisdiction until final a(ard, shall not be sub4ect to a motion for reconsideration, appeal or a petition for certiorari! R*+e ,.21. Rendition of arbitral a'ard before court decision on petition from arbitral tribunal*s preliminary ruling on jurisdiction! - 2f the arbitral tribunal renders a final arbitral a(ard and the Court has not rendered a decision on the petition from the arbitral tribunals preliminar. ruling affirming its 4urisdiction, that petition shall become ipso facto moot and academic and shall be dismissed b. the Regional "rial Court! "he dismissal shall be (ithout pre4udice to the right of the aggrieved part. to raise the same issue in a timel. petition to vacate or set aside the a(ard! R*+e ,.22. Arbitral tribunal a nominal party! - "he arbitral tribunal is onl. a nominal part.! "he court shall not re9uire the arbitral tribunal to submit an. pleadings or (ritten submissions but ma. consider the same should the latter participate in the proceedings, but onl. as nominal parties thereto! RULE -) REFERRAL TO A!R R*+e -.1. (ho ma+es the re,uest! - A part. to a pending action filed in violation of the arbitration agreement, (hether contained in an arbitration

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clause or in a submission agreement, ma. re9uest the court to refer the parties to arbitration in accordance (ith such agreement! R*+e -.2. (hen to ma+e re,uest! - )A* (here the arbitration agreement e-ists before the action is filed! - "he re9uest for referral shall be made not later than the pre-trial conference! After the pre-trial conference, the court (ill onl. act upon the re9uest for referral if it is made (ith the agreement of all parties to the case! )7* Submission agreement! - 2f there is no e0isting arbitration agreement at the time the case is filed but the parties subse9uentl. enter into an arbitration agreement, the. ma. re9uest the court to refer their dispute to arbitration at an. time during the proceedings! R*+e -.,. Contents of re,uest! - "he re9uest for referral shall be in the form of a motion, (hich shall state that the dispute is covered b. an arbitration agreement! Apart from other submissions, the movant shall attach to his motion an authentic cop. of the arbitration agreement! "he re9uest shall contain a notice of hearing addressed to all parties specif.ing the date and time (hen it (ould be heard! "he part. ma#ing the re9uest shall serve it upon the respondent to give him the opportunit. to file a comment or opposition as provided in the immediatel. succeeding Rule before the hearing! R*+e -.-. Comment")pposition! - "he comment6opposition must be filed (ithin fifteen )+8* da.s from service of the petition! "he comment6opposition should sho( that/ )a* there is no agreement to refer the dispute to arbitration1 and6or )b* the agreement is null and void1 and6or )c* the sub4ect-matter of the dispute is not capable of settlement or resolution b. arbitration in accordance (ith Section B of the ADR Act! R*+e -... Court action! - After hearing, the court shall sta. the action and, considering the statement of polic. embodied in Rule &!A, above,

refer the parties to arbitration if it finds prima facie, based on the pleadings and supporting documents submitted b. the parties, that there is an arbitration agreement and that the sub4ect-matter of the dispute is capable of settlement or resolution b. arbitration in accordance (ith Section B of the ADR Act! Other(ise, the court shall continue (ith the 4udicial proceedings! R*+e -./. No reconsideration, appeal or certiorari! - An order referring the dispute to arbitration shall be immediatel. e0ecutor. and shall not be sub4ect to a motion for reconsideration, appeal or petition for certiorari! An order den.ing the re9uest to refer the dispute to arbitration shall not be sub4ect to an appeal, but ma. be the sub4ect of a motion for reconsideration and6or a petition for certiorari! R*+e -.7. &ultiple actions and parties! - "he court shall not decline to refer some or all of the parties to arbitration for an. of the follo(ing reasons/ a! <ot all of the disputes sub4ect of the civil action ma. be referred to arbitration1 b! <ot all of the parties to the civil action are bound b. the arbitration agreement and referral to arbitration (ould result in multiplicit. of suits1 c! "he issues raised in the civil action could be speedil. and efficientl. resolved in its entiret. b. the court rather than in arbitration1 d! Referral to arbitration does not appear to be the most prudent action1 or e! "he sta. of the action (ould pre4udice the rights of the parties to the civil action (ho are not bound b. the arbitration agreement!

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"he court ma., ho(ever, issue an order directing the inclusion in arbitration of those parties (ho are not bound b. the arbitration agreement but (ho agree to such inclusion provided those originall. bound b. it do not ob4ect to their inclusion! R*+e -.8. Arbitration to proceed!- Despite the pendenc. of the action referred to in Rule A!+, above, arbitral proceedings ma. nevertheless be commenced or continued, and an a(ard ma. be made, (hile the action is pending before the court! RULE .) INTERIM MEASURES OF PROTECTION R*+e ..1. (ho may as+ for interim measures of protection! - A part. to an arbitration agreement ma. petition the court for interim measures of protection! R*+e ..2. (hen to petition! - A petition for an interim measure of protection ma. be made )a* before arbitration is commenced, )b* after arbitration is commenced, but before the constitution of the arbitral tribunal, or )c* after the constitution of the arbitral tribunal and at an. time during arbitral proceedings but, at this stage, onl. to the e0tent that the arbitral tribunal has no po(er to act or is unable to act effectivel.! R*+e ..,. Venue! - A petition for an interim measure of protection ma. be filed (ith the Regional "rial Court, (hich has 4urisdiction over an. of the follo(ing places/ a! :here the principal place of business of an. of the parties to arbitration is located1 b! :here an. of the parties (ho are individuals resides1 c! :here an. of the acts sought to be en4oined are being performed, threatened to be performed or not being performed1 or

d! :here the real propert. sub4ect of arbitration, or a portion thereof is situated! R*+e ..-. %rounds! - "he follo(ing grounds, (hile not limiting the reasons for the court to grant an interim measure of protection, indicate the nature of the reasons that the court shall consider in granting the relief/ a! "he need to prevent irreparable loss or in4ur.1 b! "he need to provide securit. for the performance of an. obligation1 c! "he need to produce or preserve evidence1 or d! "he need to compel an. other appropriate act or omission! R*+e .... Contents of the petition! - "he verified petition must state the follo(ing/ a! "he fact that there is an arbitration agreement1 b! "he fact that the arbitral tribunal has not been constituted, or if constituted, is unable to act or (ould be unable to act effectivel.1 c! A detailed description of the appropriate relief sought1 d! "he grounds relied on for the allo(ance of the petition Apart from other submissions, the petitioner must attach to his petition an authentic cop. of the arbitration agreement! R*+e ../. .ype of interim measure of protection that a court may grant!"he follo(ing, among others, are the interim measures of protection that a court ma. grant/

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a! Preliminar. in4unction directed against a part. to arbitration1 b! Preliminar. attachment against propert. or garnishment of funds in the custod. of a ban# or a third person1 c! Appointment of a receiver1 d! Detention, preservation, deliver. or inspection of propert.1 or, e! Assistance in the enforcement of an interim measure of protection granted b. the arbitral tribunal, (hich the latter cannot enforce effectivel.! R*+e ..7. #ispensing 'ith prior notice in certain cases! - Prior notice to the other part. ma. be dispensed (ith (hen the petitioner alleges in the petition that there is an urgent need to either )a* preserve propert., )b* prevent the respondent from disposing of, or concealing, the propert., or )c* prevent the relief pra.ed for from becoming illusor. because of prior notice, and the court finds that the reason6s given b. the petitioner are meritorious! R*+e ..8. Comment")pposition! - "he comment6opposition must be filed (ithin fifteen )+8* da.s from service of the petition! "he opposition or comment should state the reasons (h. the interim measure of protection should not be granted! R*+e ..9. Court action! - After hearing the petition, the court shall balance the relative interests of the parties and inconveniences that ma. be caused, and on that basis resolve the matter (ithin thirt. )$%* da.s from )a* submission of the opposition, or )b* upon lapse of the period to file the same, or )c* from termination of the hearing that the court ma. set onl. if there is a need for clarification or further argument! 2f the other parties fail to file their opposition on or before the da. of the hearing, the court shall motu proprio render 4udgment onl. on the basis

of the allegations in the petition that are substantiated b. supporting documents and limited to (hat is pra.ed for therein! 2n cases (here, based solel. on the petition, the court finds that there is an urgent need to either )a* preserve propert., )b* prevent the respondent from disposing of, or concealing, the propert., or )c* prevent the relief pra.ed for from becoming illusor. because of prior notice, it shall issue an immediatel. e0ecutor. temporar. order of protection and re9uire the petitioner, (ithin five )8* da.s from receipt of that order, to post a bond to ans(er for an. damage that respondent ma. suffer as a result of its order! "he e0-parte temporar. order of protection shall be valid onl. for a period of t(ent. )&%* da.s from the service on the part. re9uired to compl. (ith the order! :ithin that period, the court shall/ a! 5urnish the respondent a cop. of the petition and a notice re9uiring him to comment thereon on or before the da. the petition (ill be heard1 and b! <otif. the parties that the petition shall be heard on a da. specified in the notice, (hich must not be be.ond the t(ent. )&%* da. period of the effectivit. of the e0-parte order! "he respondent has the option of having the temporar. order of protection lifted b. posting an appropriate counter-bond as determined b. the court! 2f the respondent re9uests the court for an e0tension of the period to file his opposition or comment or to reset the hearing to a later date, and such re9uest is granted, the court shall e0tend the period of validit. of the eparte temporar. order of protection for no more than t(ent. da.s from e0piration of the original period! After notice and hearing, the court ma. either grant or den. the petition for an interim measure of protection! "he order granting or den.ing an. application for interim measure of protection in aid of arbitration must

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indicate that it is issued (ithout pre4udice to subse9uent grant, modification, amendment, revision or revocation b. an arbitral tribunal! R*+e ..10. Relief against court action! - 2f respondent (as given an opportunit. to be heard on a petition for an interim measure of protection, an. order b. the court shall be immediatel. e0ecutor., but ma. be the sub4ect of a motion for reconsideration and6or appeal or, if (arranted, a petition for certiorari! R*+e ..11. #uty of the court to refer bac+! - "he court shall not den. an application for assistance in implementing or enforcing an interim measure of protection ordered b. an arbitral tribunal on an. or all of the follo(ing grounds/ a! "he arbitral tribunal granted the interim relief e0 parte1 or b! "he part. opposing the application found ne( material evidence, (hich the arbitral tribunal had not considered in granting in the application, and (hich, if considered, ma. produce a different result1 or c! "he measure of protection ordered b. the arbitral tribunal amends, revo#es, modifies or is inconsistent (ith an earlier measure of protection issued b. the court! 2f it finds that there is sufficient merit in the opposition to the application based on letter )b* above, the court shall refer the matter bac# to the arbitral tribunal for appropriate determination! R*+e ..12. Security! - "he order granting an interim measure of protection ma. be conditioned upon the provision of securit., performance of an act, or omission thereof, specified in the order! "he Court ma. not change or increase or decrease the securit. ordered b. the arbitral tribunal!

R*+e ..1,. &odification, amendment, revision or revocation of court*s previously issued interim measure of protection! - An. court order granting or den.ing interim measure6s of protection is issued (ithout pre4udice to subse9uent grant, modification, amendment, revision or revocation b. the arbitral tribunal as ma. be (arranted! An interim measure of protection issued b. the arbitral tribunal shall, upon its issuance be deemed to have ipso 4ure modified, amended, revised or revo#ed an interim measure of protection previousl. issued b. the court to the e0tent that it is inconsistent (ith the subse9uent interim measure of protection issued b. the arbitral tribunal! R*+e ..1-. Conflict or inconsistency bet'een interim measure of protection issued by the court and by the arbitral tribunal! - An. 9uestion involving a conflict or inconsistenc. bet(een an interim measure of protection issued b. the court and b. the arbitral tribunal shall be immediatel. referred b. the court to the arbitral tribunal (hich shall have the authorit. to decide such 9uestion! R*+e ..1.. Court to defer action on petition for an interim measure of protection 'hen informed of constitution of the arbitral tribunal! - "he court shall defer action on an. pending petition for an interim measure of protection filed b. a part. to an arbitration agreement arising from or in connection (ith a dispute thereunder upon being informed that an arbitral tribunal has been constituted pursuant to such agreement! "he court ma. act upon such petition onl. if it is established b. the petitioner that the arbitral tribunal has no po(er to act on an. such interim measure of protection or is unable to act thereon effectivel.! R*+e ..1/. Court assistance should arbitral tribunal be unable to effectively enforce interim measure of protection! - "he court shall assist in the enforcement of an interim measure of protection issued b. the arbitral tribunal (hich it is unable to effectivel. enforce! RULE /) APPOINTMENT OF AR$ITRATORS

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R*+e /.1. (hen the court may act as Appointing Authority! - "he court shall act as Appointing Authorit. onl. in the follo(ing instances/ a! :here an. of the parties in an institutional arbitration failed or refused to appoint an arbitrator or (hen the parties have failed to reach an agreement on the sole arbitrator )in an arbitration before a sole arbitrator* or (hen the t(o designated arbitrators have failed to reach an agreement on the third or presiding arbitrator )in an arbitration before a panel of three arbitrators*, and the institution under (hose rules arbitration is to be conducted fails or is unable to perform its dut. as appointing authorit. (ithin a reasonable time from receipt of the re9uest for appointment1 b! 2n all instances (here arbitration is ad hoc and the parties failed to provide a method for appointing or replacing an arbitrator, or substitute arbitrator, or the method agreed upon is ineffective, and the <ational President of the 2ntegrated 7ar of the Philippines )27P* or his dul. authori=ed representative fails or refuses to act (ithin such period as ma. be allo(ed under the pertinent rules of the 27P or (ithin such period as ma. be agreed upon b. the parties, or in the absence thereof, (ithin thirt. )$%* da.s from receipt of such re9uest for appointment1 c! :here the parties agreed that their dispute shall be resolved b. three arbitrators but no method of appointing those arbitrators has been agreed upon, each part. shall appoint one arbitrator and the t(o arbitrators thus appointed shall appoint a third arbitrator! 2f a part. fails to appoint his arbitrator (ithin thirt. )$%* da.s of receipt of a re9uest to do so from the other part., or if the t(o arbitrators fail to agree on the third arbitrator (ithin a reasonable time from their appointment, the appointment shall be made b. the Appointing Authorit.! 2f the latter fails or refuses to act or appoint an arbitrator (ithin a reasonable time from receipt of the re9uest to do so, an. part. or the appointed arbitrator6s ma. re9uest the court to appoint an arbitrator or the third arbitrator as the case ma. be!

R*+e /.2. (ho may re,uest for appointment! - An. part. to an arbitration ma. re9uest the court to act as an Appointing Authorit. in the instances specified in Rule B!+ above! Rule B!$! Venue! - "he petition for appointment of arbitrator ma. be filed, at the option of the petitioner, in the Regional "rial Court )a* (here the principal place of business of an. of the parties is located, )b* if an. of the parties are individuals, (here those individuals reside, or )c* in the <ational Capital Region! R*+e /.-. Contents of the petition! -"he petition shall state the follo(ing/ a! "he general nature of the dispute1 b! 2f the parties agreed on an appointment procedure, a description of that procedure (ith reference to the agreement (here such ma. be found1 c! "he number of arbitrators agreed upon or the absence of an. agreement as to the number of arbitrators1 d! "he special 9ualifications that the arbitrator6s must possess, if an., that (ere agreed upon b. the parties1 e! "he fact that the Appointing Authorit., (ithout 4ustifiable cause, has failed or refused to act as such (ithin the time prescribed or in the absence thereof, (ithin a reasonable time, from the date a re9uest is made1 and f! "he petitioner is not the cause of the dela. in, or failure of, the appointment of the arbitrator! Apart from other submissions, the petitioner must attach to the petition )a* an authentic cop. of the arbitration agreement, and )b* proof that the Appointing Authorit. has been notified of the filing of the petition for appointment (ith the court!

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R*+e /... Comment")pposition! - "he comment6opposition must be filed (ithin fifteen )+8* da.s from service of the petition! R*+e /./. Submission of list of arbitrators! - "he court ma., at its option, also re9uire each part. to submit a list of not less than three )$* proposed arbitrators together (ith their curriculum vitae! R*+e /.7. Court action! - After hearing, if the court finds merit in the petition, it shall appoint an arbitrator1 other(ise, it shall dismiss the petition! 2n ma#ing the appointment, the court shall have regard to such considerations as are li#el. to secure the appointment of an independent and impartial arbitrator! At an. time after the petition is filed and before the court ma#es an appointment, it shall also dismiss the petition upon being informed that the Appointing Authorit. has alread. made the appointment! R*+e /.8. Forum shopping prohibited! - :hen there is a pending petition in another court to declare the arbitration agreement ine0istent, invalid, unenforceable, on account of (hich the respondent failed or refused to participate in the selection and appointment of a sole arbitrator or to appoint a part.-nominated arbitrator, the petition filed under this rule shall be dismissed! R*+e /.9. Relief against court action! - 2f the court appoints an arbitrator, the order appointing an arbitrator shall be immediatel. e0ecutor. and shall not be the sub4ect of a motion for reconsideration, appeal or certiorari! An order of the court den.ing the petition for appointment of an arbitrator ma., ho(ever, be the sub4ect of a motion for reconsideration, appeal or certiorari! RULE 7) C&ALLEN%E TO APPOINTMENT OF AR$ITRATOR

R*+e 7.1. (ho may challenge! - An. of the parties to an arbitration ma. challenge an arbitrator! R*+e 7.2. (hen challenge may be raised in court! - :hen an arbitrator is challenged before the arbitral tribunal under the procedure agreed upon b. the parties or under the procedure provided for in Article +$ )&* of the 3odel ;a( and the challenge is not successful, the aggrieved part. ma. re9uest the Appointing Authorit. to rule on the challenge, and it is onl. (hen such Appointing Authorit. fails or refuses to act on the challenge (ithin such period as ma. be allo(ed under the applicable rule or in the absence thereof, (ithin thirt. )$%* da.s from receipt of the re9uest, that the aggrieved part. ma. rene( the challenge in court! R*+e 7.,. Venue! - "he challenge shall be filed (ith the Regional "rial Court )a* (here the principal place of business of an. of the parties is located, )b* if an. of the parties are individuals, (here those individuals reside, or )c* in the <ational Capital Region! R*+e 7.-. %rounds! - An arbitrator ma. be challenged on an. of the grounds for challenge provided for in Republic Act <o! '&?8 and its implementing rules, Republic Act <o! ?CB or the 3odel ;a(! "he nationalit. or professional 9ualification of an arbitrator is not a ground to challenge an arbitrator unless the parties have specified in their arbitration agreement a nationalit. and6or professional 9ualification for appointment as arbitrator! R*+e 7... Contents of the petition! - "he petition shall state the follo(ing/ a! "he name6s of the arbitrator6s challenged and his6their address1 b! "he grounds for the challenge1 c! "he facts sho(ing that the ground for the challenge has been e0pressl. or impliedl. re4ected b. the challenged arbitrator6s1 and

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d! "he facts sho(ing that the Appointing Authorit. failed or refused to act on the challenge! "he court shall dismiss the petition motu proprio unless it is clearl. alleged therein that the Appointing Authorit. charged (ith deciding the challenge, after the resolution of the arbitral tribunal re4ecting the challenge is raised or contested before such Appointing Authorit., failed or refused to act on the challenge (ithin thirt. )$%* da.s from receipt of the re9uest or (ithin such longer period as ma. appl. or as ma. have been agreed upon b. the parties! R*+e 7./. Comment")pposition! - "he challenged arbitrator or other parties ma. file a comment or opposition (ithin fifteen )+8* da.s from service of the petition! R*+e 7.7. Court action! - After hearing, the court shall remove the challenged arbitrator if it finds merit in the petition1 other(ise, it shall dismiss the petition! "he court shall allo( the challenged arbitrator (ho subse9uentl. agrees to accept the challenge to (ithdra( as arbitrator! "he court shall accept the challenge and remove the arbitrator in the follo(ing cases/ a! "he part. or parties (ho named and appointed the challenged arbitrator agree to the challenge and (ithdra( the appointment! b! "he other arbitrators in the arbitral tribunal agree to the removal of the challenged arbitrator1 and c! "he challenged arbitrator fails or refuses to submit his comment on the petition or the brief of legal arguments as directed b. the court, or in such comment or legal brief, he fails to ob4ect to his removal follo(ing the challenge!

"he court shall decide the challenge on the basis of evidence submitted b. the parties! "he court (ill decide the challenge on the basis of the evidence submitted b. the parties in the follo(ing instances/ a! "he other arbitrators in the arbitral tribunal agree to the removal of the challenged arbitrator1 and b! 2f the challenged arbitrator fails or refuses to submit his comment on the petition or the brief of legal arguments as directed b. the court, or in such comment or brief of legal arguments, he fails to ob4ect to his removal follo(ing the challenge! R*+e 7.8. No motion for reconsideration, appeal or certiorari! - An. order of the court resolving the petition shall be immediatel. e0ecutor. and shall not be the sub4ect of a motion for reconsideration, appeal, or certiorari! R*+e 7.9. Reimbursement of e-penses and reasonable compensation to challenged arbitrator! - @nless the bad faith of the challenged arbitrator is established (ith reasonable certaint. b. concealing or failing to disclose a ground for his dis9ualification, the challenged arbitrator shall be entitled to reimbursement of all reasonable e0penses he ma. have incurred in attending to the arbitration and to a reasonable compensation for his (or# on the arbitration! Such e0penses include, but shall not be limited to, transportation and hotel e0penses, if an.! A reasonable compensation shall be paid to the challenged arbitrator on the basis of the length of time he has devoted to the arbitration and ta#ing into consideration his stature and reputation as an arbitrator! "he re9uest for reimbursement of e0penses and for pa.ment of a reasonable compensation shall be filed in the same case and in the court (here the petition to replace the challenged arbitrator (as filed! "he court, in determining the amount of the a(ard to the challenged arbitrator, shall receive evidence of e0penses to be reimbursed, (hich ma. consist of air

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tic#ets, hotel bills and e0penses, and inland transportation! "he court shall direct the challenging part. to pa. the amount of the a(ard to the court for the account of the challenged arbitrator, in default of (hich the court ma. issue a (rit of e0ecution to enforce the a(ard! RULE 8) TERMINATION OF T&E MAN!ATE OF AR$ITRATOR R*+e 8.1. (ho may re,uest termination and on 'hat grounds!- An. of the parties to an arbitration ma. re9uest for the termination of the mandate of an arbitrator (here an arbitrator becomes de 4ure or de facto unable to perform his function or for other reasons fails to act (ithout undue dela. and that arbitrator, upon re9uest of an. part., fails or refuses to (ithdra( from his office! R*+e 8.2. (hen to re,uest! - 2f an arbitrator refuses to (ithdra( from his office, and subse9uentl., the Appointing Authorit. fails or refuses to decide on the termination of the mandate of that arbitrator (ithin such period as ma. be allo(ed under the applicable rule or, in the absence thereof, (ithin thirt. )$%* da.s from the time the re9uest is brought before him, an. part. ma. file (ith the court a petition to terminate the mandate of that arbitrator! R*+e 8.,. Venue! - A petition to terminate the mandate of an arbitrator ma., at that petitioners option, be filed (ith the Regional "rial Court )a* (here the principal place of business of an. of the parties is located, )b* (here an. of the parties (ho are individuals resides, or )c* in the <ational Capital Region! R*+e 8.-. Contents of the petition! - "he petition shall state the follo(ing/ a! "he name of the arbitrator (hose mandate is sought to be terminated1 b! "he ground6s for termination1

c! "he fact that one or all of the parties had re9uested the arbitrator to (ithdra( but he failed or refused to do so1 d! "he fact that one or all of the parties re9uested the Appointing Authorit. to act on the re9uest for the termination of the mandate of the arbitrator and failure or inabilit. of the Appointing Authorit. to act (ithin thirt. )$%* da.s from the re9uest of a part. or parties or (ithin such period as ma. have been agreed upon b. the parties or allo(ed under the applicable rule! "he petitioner shall further allege that one or all of the parties had re9uested the arbitrator to (ithdra( but he failed or refused to do so! R*+e 8... Comment")pposition! - "he comment6opposition must be filed (ithin fifteen )+8* da.s from service of the petition! R*+e 8./. Court action! - After hearing, if the court finds merit in the petition, it shall terminate the mandate of the arbitrator (ho refuses to (ithdra( from his office1 other(ise, it shall dismiss the petition! R*+e 8.7. No motion for reconsideration or appeal! - An. order of the court resolving the petition shall be immediatel. e0ecutor. and shall not be sub4ect of a motion for reconsideration, appeal or petition for certiorari! R*+e 8.8. Appointment of substitute arbitrator! - :here the mandate of an arbitrator is terminated, or he (ithdra(s from office for an. other reason, or because of his mandate is revo#ed b. agreement of the parties or is terminated for an. other reason, a substitute arbitrator shall be appointed according to the rules that (ere applicable to the appointment of the arbitrator being replaced! RULE 9) ASSISTANCE IN TA8IN% E I!ENCE

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R*+e 9.1. (ho may re,uest assistance! - An. part. to an arbitration, (hether domestic or foreign, ma. re9uest the court to provide assistance in ta#ing evidence! R*+e 9.2. (hen assistance may be sought! - Assistance ma. be sought at an. time during the course of the arbitral proceedings (hen the need arises! R*+e 9.,. Venue! - A petition for assistance in ta#ing evidence ma., at the option of the petitioner, be filed (ith Regional "rial Court (here )a* arbitration proceedings are ta#ing place, )b* the (itnesses reside or ma. be found, or )c* (here the evidence ma. be found! R*+e 9.-. %round! - "he court ma. grant or e0ecute the re9uest for assistance in ta#ing evidence (ithin its competence and according to the rules of evidence! R*+e 9... .ype of assistance! - A part. re9uiring assistance in the ta#ing of evidence ma. petition the court to direct an. person, including a representative of a corporation, association, partnership or other entit. )other than a part. to the ADR proceedings or its officers* found in the Philippines, for an. of the follo(ing/ a! "o compl. (ith a subpoena ad testificandum and6or subpoena duces tecum1 b! "o appear as a (itness before an officer for the ta#ing of his deposition upon oral e0amination or b. (ritten interrogatories1 c! "o allo( the ph.sical e0amination of the condition of persons, or the inspection of things or premises and, (hen appropriate, to allo( the recording and6or documentation of condition of persons, things or premises )i!e!, photographs, video and other means of recording6documentation*1 d! "o allo( the e0amination and cop.ing of documents1 and

e! "o perform an. similar acts! R*+e 9./. Contents of the petition! - "he petition must state the follo(ing/ a! "he fact that there is an ongoing arbitration proceeding even if such proceeding could not continue due to some legal impediments1 b! "he arbitral tribunal ordered the ta#ing of evidence or the part. desires to present evidence to the arbitral tribunal1 c! 3aterialit. or relevance of the evidence to be ta#en1 and d! "he names and addresses of the intended (itness6es, place (here the evidence ma. be found, the place (here the premises to be inspected are located or the place (here the acts re9uired are to be done! R*+e 9.7. Comment")pposition! - "he comment6opposition must be filed (ithin fifteen )+8* da.s from service of the petition! R*+e 9.8. Court action! - 2f the evidence sought is not privileged, and is material and relevant, the court shall grant the assistance in ta#ing evidence re9uested and shall order petitioner to pa. costs attendant to such assistance! R*+e 9.9. Relief against court action! - "he order granting assistance in ta#ing evidence shall be immediatel. e0ecutor. and not sub4ect to reconsideration or appeal! 2f the court declines to grant assistance in ta#ing evidence, the petitioner ma. file a motion for reconsideration or appeal! R*+e 9.10. Perpetuation of testimony before the arbitral tribunal is constituted! - At an.time before arbitration is commenced or before the arbitral tribunal is constituted, an. person (ho desires to perpetuate his

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testimon. or that of another person ma. do so in accordance (ith Rule &A of the Rules of Court! R*+e 9.11. Conse,uence of disobedience! - "he court ma. impose the appropriate sanction on an. person (ho disobe.s its order to testif. (hen re9uired or perform an. act re9uired of him! RULE 10) CONFI!ENTIALIT"9PROTECTI E OR!ERS R*+e 10.1. (ho may re,uest confidentiality! - A part., counsel or (itness (ho disclosed or (ho (as compelled to disclose information relative to the sub4ect of ADR under circumstances that (ould create a reasonable e0pectation, on behalf of the source, that the information shall be #ept confidential has the right to prevent such information from being further disclosed (ithout the e0press (ritten consent of the source or the part. (ho made the disclosure! R*+e 10.2. (hen re,uest made! - A part. ma. re9uest a protective order at an.time there is a need to enforce the confidentialit. of the information obtained, or to be obtained, in ADR proceedings! R*+e 10.,. Venue! - A petition for a protective order ma. be filed (ith the Regional "rial Court (here that order (ould be implemented! 2f there is a pending court proceeding in (hich the information obtained in an ADR proceeding is re9uired to be divulged or is being divulged, the part. see#ing to enforce the confidentialit. of the information ma. file a motion (ith the court (here the proceedings are pending to en4oin the confidential information from being divulged or to suppress confidential information! R*+e 10.-. %rounds! - A protective order ma. be granted onl. if it is sho(n that the applicant (ould be materiall. pre4udiced b. an unauthori=ed disclosure of the information obtained, or to be obtained, during an ADR proceeding!

R*+e 10... Contents of the motion or petition! - "he petition or motion must state the follo(ing/ a! "hat the information sought to be protected (as obtained, or (ould be obtained, during an ADR proceeding1 b! "he applicant (ould be materiall. pre4udiced b. the disclosure of that information1 c! "he person or persons (ho are being as#ed to divulge the confidential information participated in an ADR proceedings1 and d! "he time, date and place (hen the ADR proceedings too# place! Apart from the other submissions, the movant must set the motion for hearing and contain a notice of hearing in accordance (ith Rule +8 of the Rules of Court! R*+e 10./. Notice! - <otice of a re9uest for a protective order made through a motion shall be made to the opposing parties in accordance (ith Rule +8 of the Rules of Court! R*+e 10.7. Comment")pposition! - "he comment6opposition must be filed (ithin fifteen )+8* da.s from service of the petition! "he opposition or comment ma. be accompanied b. (ritten proof that )a* the information is not confidential, )b* the information (as not obtained during an ADR proceeding, )c* there (as a (aiver of confidentialit., or )d* the petitioner6movant is precluded from asserting confidentialit.! R*+e 10.8. Court action! - 2f the court finds the petition or motion meritorious, it shall issue an order en4oining a person or persons from divulging confidential information! 2n resolving the petition or motion, the courts shall be guided b. the follo(ing principles applicable to all ADR proceedings/ Confidential

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information shall not be sub4ect to discover. and shall be inadmissible in an. adversarial proceeding, (hether 4udicial or 9uasi 4udicial! Do(ever, evidence or information that is other(ise admissible or sub4ect to discover. does not become inadmissible or protected from discover. solel. b. reason of its use therein! 5or mediation proceedings, the court shall be further guided b. the follo(ing principles/ a! 2nformation obtained through mediation shall be privileged and confidential! b! A part., a mediator, or a nonpart. participant ma. refuse to disclose and ma. prevent an. other person from disclosing a mediation communication! c! 2n such an adversarial proceeding, the follo(ing persons involved or previousl. involved in a mediation ma. not be compelled to disclose confidential information obtained during the mediation/ )+* the parties to the dispute1 )&* the mediator or mediators1 )$* the counsel for the parties/ )A* the nonpart. participants1 )8* an. persons hired or engaged in connection (ith the mediation as secretar., stenographer1 cler# or assistant1 and )B* an. other person (ho obtains or possesses confidential information b. reason of his6 her profession! d! "he protection of the ADR ;a(s shall continue to appl. even if a mediator is found to have failed to act impartiall.! e! A mediator ma. not be called to testif. to provide information gathered in mediation! A mediator (ho is (rongfull. subpoenaed shall be reimbursed the full cost of his attorne. fees and related e0penses! R*+e 10.9. Relief against court action! - "he order en4oining a person or persons from divulging confidential information shall be immediatel.

e0ecutor. and ma. not be en4oined (hile the order is being 9uestioned (ith the appellate courts! 2f the court declines to en4oin a person or persons from divulging confidential information, the petitioner ma. file a motion for reconsideration or appeal! R*+e 10.10. Conse,uence of disobedience! - An. person (ho disobe.s the order of the court to cease from divulging confidential information shall be imposed the proper sanction b. the court! RULE 11) CONFIRMATION, CORRECTION OR ACATION OF A:AR! IN !OMESTIC AR$ITRATION R*+e 11.1. (ho may re,uest confirmation, correction or vacation! - An. part. to a domestic arbitration ma. petition the court to confirm, correct or vacate a domestic arbitral a(ard! R*+e 11.2. (hen to re,uest confirmation, correction"modification or vacation! )A* Confirmation! - At an. time after the lapse of thirt. )$%* da.s from receipt b. the petitioner of the arbitral a(ard, he ma. petition the court to confirm that a(ard! )7* Correction"&odification! - <ot later than thirt. )$%* da.s from receipt of the arbitral a(ard, a part. ma. petition the court to correct6modif. that a(ard! )C* Vacation! - <ot later than thirt. )$%* da.s from receipt of the arbitral a(ard, a part. ma. petition the court to vacate that a(ard! )D* A petition to vacate the arbitral a(ard ma. be filed, in opposition to a petition to confirm the arbitral a(ard, not later than thirt. )$%* da.s from receipt of the a(ard b. the petitioner! A petition to vacate the arbitral a(ard filed be.ond the reglementar. period shall be dismissed!

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) * A petition to confirm the arbitral a(ard ma. be filed, in opposition to a petition to vacate the arbitral a(ard, at an. time after the petition to vacate such arbitral a(ard is filed! "he dismissal of the petition to vacate the arbitral a(ard for having been filed be.ond the reglementar. period shall not result in the dismissal of the petition for the confirmation of such arbitral a(ard! )5* "he filing of a petition to confirm an arbitral a(ard shall not authori=e the filing of a belated petition to vacate or set aside such a(ard in opposition thereto! )E* A petition to correct an arbitral a(ard ma. be included as part of a petition to confirm the arbitral a(ard or as a petition to confirm that a(ard! R*+e 11.,. Venue! - "he petition for confirmation, correction6modification or vacation of a domestic arbitral a(ard ma. be filed (ith Regional "rial Court having 4urisdiction over the place in (hich one of the parties is doing business, (here an. of the parties reside or (here arbitration proceedings (ere conducted! R*+e 11.-. %rounds! - )A* .o vacate an arbitral a'ard! - "he arbitral a(ard ma. be vacated on the follo(ing grounds/ a! "he arbitral a(ard (as procured through corruption, fraud or other undue means1 b! "here (as evident partialit. or corruption in the arbitral tribunal or an. of its members1 c! "he arbitral tribunal (as guilt. of misconduct or an. form of misbehavior that has materiall. pre4udiced the rights of an. part. such as refusing to postpone a hearing upon sufficient cause sho(n or to hear evidence pertinent and material to the controvers.1

d! One or more of the arbitrators (as dis9ualified to act as such under the la( and (illfull. refrained from disclosing such dis9ualification1 or e! "he arbitral tribunal e0ceeded its po(ers, or so imperfectl. e0ecuted them, such that a complete, final and definite a(ard upon the sub4ect matter submitted to them (as not made! "he a(ard ma. also be vacated on an. or all of the follo(ing grounds/ a! "he arbitration agreement did not e0ist, or is invalid for an. ground for the revocation of a contract or is other(ise unenforceable1 or b! A part. to arbitration is a minor or a person 4udiciall. declared to be incompetent! "he petition to vacate an arbitral a(ard on the ground that the part. to arbitration is a minor or a person 4udiciall. declared to be incompetent shall be filed onl. on behalf of the minor or incompetent and shall allege that )a* the other part. to arbitration had #no(ingl. entered into a submission or agreement (ith such minor or incompetent, or )b* the submission to arbitration (as made b. a guardian or guardian ad litem (ho (as not authori=ed to do so b. a competent court! 2n deciding the petition to vacate the arbitral a(ard, the court shall disregard an. other ground than those enumerated above! )7* .o correct"modify an arbitral a'ard! - "he Court ma. correct6modif. or order the arbitral tribunal to correct6modif. the arbitral a(ard in the follo(ing cases/ a! :here there (as an evident miscalculation of figures or an evident mista#e in the description of an. person, thing or propert. referred to in the a(ard1

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b! :here the arbitrators have a(arded upon a matter not submitted to them, not affecting the merits of the decision upon the matter submitted1 c! :here the arbitrators have omitted to resolve an issue submitted to them for resolution1 or d! :here the a(ard is imperfect in a matter of form not affecting the merits of the controvers., and if it had been a commissioners report, the defect could have been amended or disregarded b. the Court! R*+e 11... Form of petition! - An application to vacate an arbitral a(ard shall be in the form of a petition to vacate or as a petition to vacate in opposition to a petition to confirm the same a(ard! An application to correct6modif. an arbitral a(ard ma. be included in a petition to confirm an arbitral a(ard or in a petition to vacate in opposition to confirm the same a(ard! :hen a petition to confirm an arbitral a(ard is pending before a court, the part. see#ing to vacate or correct6modif. said a(ard ma. onl. appl. for those reliefs through a petition to vacate or correct6modif. the a(ard in opposition to the petition to confirm the a(ard provided that such petition to vacate or correct6modif. is filed (ithin thirt. )$%* da.s from his receipt of the a(ard! A petition to vacate or correct6modif. an arbitral a(ard filed in another court or in a separate case before the same court shall be dismissed, upon appropriate motion, as a violation of the rule against forum-shopping! :hen a petition to vacate or correct6modif. an arbitral a(ard is pending before a court, the part. see#ing to confirm said a(ard ma. onl. appl. for that relief through a petition to confirm the same a(ard in opposition to the petition to vacate or correct6modif. the a(ard! A petition to confirm or correct6modif. an arbitral a(ard filed as separate proceeding in another court or in a different case before the same court shall be

dismissed, upon appropriate motion, as a violation of the rule against forum shopping! As an alternative to the dismissal of a second petition for confirmation, vacation or correction6modification of an arbitral a(ard filed in violation of the non-forum shopping rule, the court or courts concerned ma. allo( the consolidation of the t(o proceedings in one court and in one case! :here the petition to confirm the a(ard and petition to vacate or correct6modif. (ere simultaneousl. filed b. the parties in the same court or in different courts in the Philippines, upon motion of either part., the court ma. order the consolidation of the t(o cases before either court! 2n all instances, the petition must be verified b. a person (ho has #no(ledge of the 4urisdictional facts! R*+e 11./. Contents of petition! - "he petition must state the follo(ing/ a! "he addresses of the parties and an. change thereof1 b! "he 4urisdictional issues raised b. a part. during arbitration proceedings1 c! "he grounds relied upon b. the parties in see#ing the vacation of the arbitral a(ard (hether the petition is a petition for the vacation or setting aside of the arbitral a(ard or a petition in opposition to a petition to confirm the a(ard1 and d! A statement of the date of receipt of the arbitral a(ard and the circumstances under (hich it (as received b. the petitioner! Apart from other submissions, the petitioner must attach to the petition the follo(ing/ a! An authentic cop. of the arbitration agreement1

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b! An authentic cop. of the arbitral a(ard1 c! A certification against forum shopping e0ecuted b. the applicant in accordance (ith Section 8 of Rule C of the Rules of Court1 and d! An authentic cop. or authentic copies of the appointment of an arbitral tribunal! R*+e 11.7. Notice! - @pon finding that the petition filed under this Rule is sufficient both in form and in substance, the Court shall cause notice and a cop. of the petition to be delivered to the respondent allo(ing him to file a comment or opposition thereto (ithin fifteen )+8* da.s from receipt of the petition! 2n lieu of an opposition, the respondent ma. file a petition in opposition to the petition! "he petitioner ma. (ithin fifteen )+8* da.s from receipt of the petition in opposition thereto file a repl.! R*+e 11.8. /earing! - 2f the Court finds from the petition or petition in opposition thereto that there are issues of fact, it shall re9uire the parties, (ithin a period of not more than fifteen )+8* da.s from receipt of the order, to simultaneousl. submit the affidavits of all of their (itnesses and repl. affidavits (ithin ten )+%* da.s from receipt of the affidavits to be replied to! "here shall be attached to the affidavits or repl. affidavits documents relied upon in support of the statements of fact in such affidavits or repl. affidavits! 2f the petition or the petition in opposition thereto is one for vacation of an arbitral a(ard, the interested part. in arbitration ma. oppose the petition or the petition in opposition thereto for the reason that the grounds cited in the petition or the petition in opposition thereto, assuming them to be true, do not affect the merits of the case and ma. be cured or remedied! 3oreover, the interested part. ma. re9uest the court to suspend the proceedings for vacation for a period of time and to direct the arbitral tribunal to reopen and conduct a ne( hearing and ta#e such

other action as (ill eliminate the grounds for vacation of the a(ard! "he opposition shall be supported b. a brief of legal arguments to sho( the e0istence of a sufficient legal basis for the opposition! 2f the ground of the petition to vacate an arbitral a(ard is that the arbitration agreement did not e0ist, is invalid or other(ise unenforceable, and an earlier petition for 4udicial relief under Rule $ had been filed, a cop. of such petition and of the decision or final order of the court shall be attached thereto! 7ut if the ground (as raised before the arbitral tribunal in a motion to dismiss filed not later than the submission of its ans(er, and the arbitral tribunal ruled in favor of its o(n 4urisdiction as a preliminar. 9uestion (hich (as appealed b. a part. to the Regional "rial Court, a cop. of the order, ruling or preliminar. a(ard or decision of the arbitral tribunal, the appeal therefrom to the Court and the order or decision of the Court shall all be attached to the petition! 2f the ground of the petition is that the petitioner is an infant or a person 4udiciall. declared to be incompetent, there shall be attached to the petition certified copies of documents sho(ing such fact! 2n addition, the petitioner shall sho( that even if the submission or arbitration agreement (as entered into b. a guardian or guardian ad litem, the latter (as not authori=ed b. a competent court to sign such the submission or arbitration agreement! 2f on the basis of the petition, the opposition, the affidavits and repl. affidavits of the parties, the court finds that there is a need to conduct an oral hearing, the court shall set the case for hearing! "his case shall have preference over other cases before the court, e0cept criminal cases! During the hearing, the affidavits of (itnesses shall ta#e the place of their direct testimonies and the. shall immediatel. be sub4ect to crosse0amination thereon! "he Court shall have full control over the proceedings in order to ensure that the case is heard (ithout undue dela.! R*+e 11.9. Court action! - @nless a ground to vacate an arbitral a(ard under Rule ++!8 above is full. established, the court shall confirm the a(ard!

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An arbitral a(ard shall en4o. the presumption that it (as made and released in due course of arbitration and is sub4ect to confirmation b. the court 2n resolving the petition or petition in opposition thereto in accordance (ith these Special ADR Rules, the court shall either confirm or vacate the arbitral a(ard! "he court shall not disturb the arbitral tribunals determination of facts and6or interpretation of la(! 2n a petition to vacate an a(ard or in petition to vacate an a(ard in opposition to a petition to confirm the a(ard, the petitioner ma. simultaneousl. appl. (ith the Court to refer the case bac# to the same arbitral tribunal for the purpose of ma#ing a ne( or revised a(ard or to direct a ne( hearing, or in the appropriate case, order the ne( hearing before a ne( arbitral tribunal, the members of (hich shall be chosen in the manner provided in the arbitration agreement or submission, or the la(! 2n the latter case, an. provision limiting the time in (hich the arbitral tribunal ma. ma#e a decision shall be deemed applicable to the ne( arbitral tribunal! 2n referring the case bac# to the arbitral tribunal or to a ne( arbitral tribunal pursuant to Rule &A of Republic Act <o! ?CB, the court ma. not direct it to revise its a(ard in a particular (a., or to revise its findings of fact or conclusions of la( or other(ise encroach upon the independence of an arbitral tribunal in the ma#ing of a final a(ard! RULE 12) RECO%NITION AN! ENFORCEMENT OR SETTIN% ASI!E OF AN INTERNATIONALCOMMERCIAL AR$ITRATION A:AR! R*+e 12.1. (ho may re,uest recognition and enforcement or setting aside! - An. part. to an international commercial arbitration in the Philippines ma. petition the proper court to recogni=e and enforce or set aside an arbitral a(ard!

R*+e 12.2. (hen to file petition! - )A* Petition to recogni0e and enforce! "he petition for enforcement and recognition of an arbitral a(ard ma. be filed an.time from receipt of the a(ard! 2f, ho(ever, a timel. petition to set aside an arbitral a(ard is filed, the opposing part. must file therein and in opposition thereto the petition for recognition and enforcement of the same a(ard (ithin the period for filing an opposition! )7* Petition to set aside! - "he petition to set aside an arbitral a(ard ma. onl. be filed (ithin three )$* months from the time the petitioner receives a cop. thereof! 2f a timel. re9uest is made (ith the arbitral tribunal for correction, interpretation or additional a(ard, the three )$* month period shall be counted from the time the petitioner receives the resolution b. the arbitral tribunal of that re9uest! A petition to set aside can no longer be filed after the lapse of the three )$* month period! "he dismissal of a petition to set aside an arbitral a(ard for being time-barred shall not automaticall. result in the approval of the petition filed therein and in opposition thereto for recognition and enforcement of the same a(ard! 5ailure to file a petition to set aside shall preclude a part. from raising grounds to resist enforcement of the a(ard! R*+e 12.,. Venue! - A petition to recogni=e and enforce or set aside an arbitral a(ard ma., at the option of the petitioner, be filed (ith the Regional "rial Court/ )a* (here arbitration proceedings (ere conducted1 )b* (here an. of the assets to be attached or levied upon is located1 )c* (here the act to be en4oined (ill be or is being performed1 )d* (here an. of the parties to arbitration resides or has its place of business1 or )e* in the <ational Capital ,udicial Region! R*+e 12.-. %rounds to set aside or resist enforcement! - "he court ma. set aside or refuse the enforcement of the arbitral a(ard onl. if/ a! "he part. ma#ing the application furnishes proof that/ )i*! A part. to the arbitration agreement (as under some incapacit., or the said agreement is not valid under the la(

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to (hich the parties have sub4ected it or, failing an. indication thereof, under Philippine la(1 or )ii*! "he part. ma#ing the application to set aside or resist enforcement (as not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or (as other(ise unable to present his case1 or )iii*! "he a(ard deals (ith a dispute not contemplated b. or not falling (ithin the terms of the submission to arbitration, or contains decisions on matters be.ond the scope of the submission to arbitration1 provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, onl. that part of the a(ard (hich contains decisions on matters not submitted to arbitration ma. be set aside or onl. that part of the a(ard (hich contains decisions on matters submitted to arbitration ma. be enforced1 or )iv*! "he composition of the arbitral tribunal or the arbitral procedure (as not in accordance (ith the agreement of the parties, unless such agreement (as in conflict (ith a provision of Philippine la( from (hich the parties cannot derogate, or, failing such agreement, (as not in accordance (ith Philippine la(1 b! "he court finds that/ )i*! "he sub4ect-matter of the dispute is not capable of settlement b. arbitration under the la( of the Philippines1 or )ii*! "he recognition or enforcement of the a(ard (ould be contrar. to public polic.!

2n deciding the petition, the Court shall disregard an. other ground to set aside or enforce the arbitral a(ard other than those enumerated above! "he petition to set-aside or a pleading resisting the enforcement of an arbitral a(ard on the ground that a part. (as a minor or an incompetent shall be filed onl. on behalf of the minor or incompetent and shall allege that )a* the other part. to arbitration had #no(ingl. entered into a submission or agreement (ith such minor or incompetent, or )b* the submission to arbitration (as made b. a guardian or guardian ad litem (ho (as not authori=ed to do so b. a competent court! R*+e 12... 1-clusive recourse against arbitral a'ard! - Recourse to a court against an arbitral a(ard shall be made onl. through a petition to set aside the arbitral a(ard and on grounds prescribed b. the la( that governs international commercial arbitration! An. other recourse from the arbitral a(ard, such as b. appeal or petition for revie( or petition for certiorari or other(ise, shall be dismissed b. the court! R*+e 12./. Form! - "he application to recogni=e and enforce or set aside an arbitral a(ard, (hether made through a petition to recogni=e and enforce or to set aside or as a petition to set aside the a(ard in opposition thereto, or through a petition to set aside or petition to recogni=e and enforce in opposition thereto, shall be verified b. a person (ho has personal #no(ledge of the facts stated therein! :hen a petition to recogni=e and enforce an arbitral a(ard is pending, the application to set it aside, if not .et time-barred, shall be made through a petition to set aside the same a(ard in the same proceedings! :hen a timel. petition to set aside an arbitral a(ard is filed, the opposing part. ma. file a petition for recognition and enforcement of the same a(ard in opposition thereto! R*+e 12.7. Contents of petition! - )A* Petition to recogni0e and enforce! "he petition to recogni=e and enforce or petition to set aside in opposition

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thereto, or petition to set aside or petition to recogni=e and enforce in opposition thereto, shall state the follo(ing/ a! "he addresses of record, or an. change thereof, of the parties to arbitration1 b! A statement that the arbitration agreement or submission e0ists1 c! "he names of the arbitrators and proof of their appointment1 d! A statement that an arbitral a(ard (as issued and (hen the petitioner received it1 and e! "he relief sought! Apart from other submissions, the petitioner shall attach to the petition the follo(ing/ a! An authentic cop. of the arbitration agreement1 b! An authentic cop. of the arbitral a(ard1 c! A verification and certification against forum shopping e0ecuted b. the applicant in accordance (ith Sections A and 8 of Rule C of the Rules of Court1 and d! An authentic cop. or authentic copies of the appointment of an arbitral tribunal! )7* Petition to set aside! - "he petition to set aside or petition to set aside in opposition to a petition to recogni=e and enforce an arbitral a(ard in international commercial arbitration shall have the same contents as a petition to recogni=e and enforce or petition to recogni=e and enforce in opposition to a petition to set aside an arbitral a(ard! 2n addition, the said petitions should state the grounds relied upon to set it aside!

5urther, if the ground of the petition to set aside is that the petitioner is a minor or found incompetent b. a court, there shall be attached to the petition certified copies of documents sho(ing such fact! 2n addition, the petitioner shall sho( that even if the submission or arbitration agreement (as entered into b. a guardian or guardian ad litem, the latter (as not authori=ed b. a competent court to sign such the submission or arbitration agreement! 2n either case, if another court (as previousl. re9uested to resolve and6or has resolved, on appeal, the arbitral tribunals preliminar. determination in favor of its o(n 4urisdiction, the petitioner shall apprise the court before (hich the petition to recogni=e and enforce or set aside is pending of the status of the appeal or its resolution! R*+e 12.8. Notice. - @pon finding that the petition filed under this Rule is sufficient both in form and in substance, the court shall cause notice and a cop. of the petition to be delivered to the respondent directing him to file an opposition thereto (ithin fifteen )+8* da.s from receipt of the petition! 2n lieu of an opposition, the respondent ma. file a petition to set aside in opposition to a petition to recogni=e and enforce, or a petition to recogni=e and enforce in opposition to a petition to set aside! "he petitioner ma. (ithin fifteen )+8* da.s from receipt of the petition to set aside in opposition to a petition to recogni=e and enforce, or from receipt of the petition to recogni=e and enforce in opposition to a petition to set aside, file a repl.! R*+e 12.9. Submission of documents! - 2f the court finds that the issue bet(een the parties is mainl. one of la(, the parties ma. be re9uired to submit briefs of legal arguments, not more than fifteen )+8* da.s from receipt of the order, sufficientl. discussing the legal issues and the legal basis for the relief pra.ed for b. each of them! 2f the court finds from the petition or petition in opposition thereto that there are issues of fact relating to the ground)s* relied upon for the court to set aside, it shall re9uire the parties (ithin a period of not more than

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fifteen )+8* da.s from receipt of the order simultaneousl. to submit the affidavits of all of their (itnesses and repl. affidavits (ithin ten )+%* da.s from receipt of the affidavits to be replied to! "here shall be attached to the affidavits or repl. affidavits, all documents relied upon in support of the statements of fact in such affidavits or repl. affidavits! R*+e 12.10. /earing! - 2f on the basis of the petition, the opposition, the affidavits and repl. affidavits of the parties, the court finds that there is a need to conduct an oral hearing, the court shall set the case for hearing! "his case shall have preference over other cases before the court, e0cept criminal cases! During the hearing, the affidavits of (itnesses shall ta#e the place of their direct testimonies and the. shall immediatel. be sub4ect to cross-e0amination thereon! "he court shall have full control over the proceedings in order to ensure that the case is heard (ithout undue dela.! R*+e 12.11. Suspension of proceedings to set aside! - "he court (hen as#ed to set aside an arbitral a(ard ma., (here appropriate and upon re9uest b. a part., suspend the proceedings for a period of time determined b. it to give the arbitral tribunal an opportunit. to resume the arbitral proceedings or to ta#e such other action as in the arbitral tribunals opinion (ill eliminate the grounds for setting aside! "he court, in referring the case bac# to the arbitral tribunal ma. not direct it to revise its a(ard in a particular (a., or to revise its findings of fact or conclusions of la( or other(ise encroach upon the independence of an arbitral tribunal in the ma#ing of a final a(ard! "he court (hen as#ed to set aside an arbitral a(ard ma. also, (hen the preliminar. ruling of an arbitral tribunal affirming its 4urisdiction to act on the matter before it had been appealed b. the part. aggrieved b. such preliminar. ruling to the court, suspend the proceedings to set aside to a(ait the ruling of the court on such pending appeal or, in the alternative, consolidate the proceedings to set aside (ith the earlier appeal! R*+e 12.12. Presumption in favor of confirmation! - 2t is presumed that an arbitral a(ard (as made and released in due course and is sub4ect to

enforcement b. the court, unless the adverse part. is able to establish a ground for setting aside or not enforcing an arbitral a(ard! R*+e 12.1,. 2udgment of the court! - @nless a ground to set aside an arbitral a(ard under Rule +&!A above is full. established, the court shall dismiss the petition! 2f, in the same proceedings, there is a petition to recogni=e and enforce the arbitral a(ard filed in opposition to the petition to set aside, the court shall recogni=e and enforce the a(ard! 2n resolving the petition or petition in opposition thereto in accordance (ith the Special ADR Rules, the court shall either set aside or enforce the arbitral a(ard! "he court shall not disturb the arbitral tribunals determination of facts and6or interpretation of la(! R*+e 12.1-. Costs! - @nless other(ise agreed upon b. the parties in (riting, at the time the case is submitted to the court for decision, the part. pra.ing for recognition and enforcement or setting aside of an arbitral a(ard shall submit a statement under oath confirming the costs he has incurred onl. in the proceedings for such recognition and enforcement or setting aside! "he costs shall include the attorne.s fees the part. has paid or is committed to pa. to his counsel of record! "he prevailing part. shall be entitled to an a(ard of costs, (hich shall include reasonable attorne.s fees of the prevailing part. against the unsuccessful part.! "he court shall determine the reasonableness of the claim for attorne.s fees! RULE 1,) RECO%NITION AN! ENFORCEMENT OF A FOREI%N AR$ITRAL A:AR! R*+e 1,.1. (ho may re,uest recognition and enforcement! - An. part. to a foreign arbitration ma. petition the court to recogni=e and enforce a foreign arbitral a(ard!

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R*+e 1,.2. (hen to petition! - At an. time after receipt of a foreign arbitral a(ard, an. part. to arbitration ma. petition the proper Regional "rial Court to recogni=e and enforce such a(ard! R*+e 1,.,. Venue! - "he petition to recogni=e and enforce a foreign arbitral a(ard shall be filed, at the option of the petitioner, (ith the Regional "rial Court )a* (here the assets to be attached or levied upon is located, )b* (here the act to be en4oined is being performed, )c* in the principal place of business in the Philippines of an. of the parties, )d* if an. of the parties is an individual, (here an. of those individuals resides, or )e* in the <ational Capital ,udicial Region! R*+e 1,.-. %overning la' and grounds to refuse recognition and enforcement! - "he recognition and enforcement of a foreign arbitral a(ard shall be governed b. the +'8? <e( For# Convention on the Recognition and nforcement of 5oreign Arbitral A(ards )the -<e( For# Convention-* and this Rule! "he court ma., upon grounds of comit. and reciprocit., recogni=e and enforce a foreign arbitral a(ard made in a countr. that is not a signator. to the <e( For# Convention as if it (ere a Convention A(ard! A Philippine court shall not set aside a foreign arbitral a(ard but ma. refuse it recognition and enforcement on an. or all of the follo(ing grounds/ a! "he part. ma#ing the application to refuse recognition and enforcement of the a(ard furnishes proof that/ )i*! A part. to the arbitration agreement (as under some incapacit.1 or the said agreement is not valid under the la( to (hich the parties have sub4ected it or, failing an. indication thereof, under the la( of the countr. (here the a(ard (as made1 or )ii*! "he part. ma#ing the application (as not given proper notice of the appointment of an arbitrator or of the

arbitral proceedings or (as other(ise unable to present his case1 or )iii*! "he a(ard deals (ith a dispute not contemplated b. or not falling (ithin the terms of the submission to arbitration, or contains decisions on matters be.ond the scope of the submission to arbitration1 provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, onl. that part of the a(ard (hich contains decisions on matters not submitted to arbitration ma. be set aside1 or )iv*! "he composition of the arbitral tribunal or the arbitral procedure (as not in accordance (ith the agreement of the parties or, failing such agreement, (as not in accordance (ith the la( of the countr. (here arbitration too# place1 or )v*! "he a(ard has not .et become binding on the parties or has been set aside or suspended b. a court of the countr. in (hich that a(ard (as made1 or b! "he court finds that/ )i*! "he sub4ect-matter of the dispute is not capable of settlement or resolution b. arbitration under Philippine la(1 or )ii*! "he recognition or enforcement of the a(ard (ould be contrar. to public polic.! "he court shall disregard an. ground for opposing the recognition and enforcement of a foreign arbitral a(ard other than those enumerated above! Rule +$!8! Contents of petition! - "he petition shall state the follo(ing/

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a! "he addresses of the parties to arbitration1 b! 2n the absence of an. indication in the a(ard, the countr. (here the arbitral a(ard (as made and (hether such countr. is a signator. to the <e( For# Convention1 and c! "he relief sought! Apart from other submissions, the petition shall have attached to it the follo(ing/ a! An authentic cop. of the arbitration agreement1 and b! An authentic cop. of the arbitral a(ard! 2f the foreign arbitral a(ard or agreement to arbitrate or submission is not made in nglish, the petitioner shall also attach to the petition a translation of these documents into nglish! "he translation shall be certified b. an official or s(orn translator or b. a diplomatic or consular agent! R*+e 1,./. Notice and opposition! - @pon finding that the petition filed under this Rule is sufficient both in form and in substance, the court shall cause notice and a cop. of the petition to be delivered to the respondent allo(ing him to file an opposition thereto (ithin thirt. )$%* da.s from receipt of the notice and petition! R*+e 1,.7. )pposition! - "he opposition shall be verified b. a person (ho has personal #no(ledge of the facts stated therein! R*+e 1,.8. Submissions! - 2f the court finds that the issue bet(een the parties is mainl. one of la(, the parties ma. be re9uired to submit briefs of legal arguments, not more than thirt. )$%* da.s from receipt of the order, sufficientl. discussing the legal issues and the legal bases for the relief pra.ed for b. each other!

2f, from a revie( of the petition or opposition, there are issues of fact relating to the ground6s relied upon for the court to refuse enforcement, the court shall, motu proprio or upon re9uest of an. part., re9uire the parties to simultaneousl. submit the affidavits of all of their (itnesses (ithin a period of not less than fifteen )+8* da.s nor more than thirt. )$%* da.s from receipt of the order! "he court ma., upon the re9uest of an. part., allo( the submission of repl. affidavits (ithin a period of not less than fifteen )+8* da.s nor more than thirt. )$%* da.s from receipt of the order granting said re9uest! "here shall be attached to the affidavits or repl. affidavits all documents relied upon in support of the statements of fact in such affidavits or repl. affidavits! R*+e 1,.9. /earing! - "he court shall set the case for hearing if on the basis of the foregoing submissions there is a need to do so! "he court shall give due priorit. to hearings on petitions under this Rule! During the hearing, the affidavits of (itnesses shall ta#e the place of their direct testimonies and the. shall immediatel. be sub4ect to cross-e0amination! "he court shall have full control over the proceedings in order to ensure that the case is heard (ithout undue dela.! R*+e 1,.10. Adjournment"deferment of decision on enforcement of a'ard! - "he court before (hich a petition to recogni=e and enforce a foreign arbitral a(ard is pending, ma. ad4ourn or defer rendering a decision thereon if, in the meantime, an application for the setting aside or suspension of the a(ard has been made (ith a competent authorit. in the countr. (here the a(ard (as made! @pon application of the petitioner, the court ma. also re9uire the other part. to give suitable securit.! R*+e 1,.11. Court action! - 2t is presumed that a foreign arbitral a(ard (as made and released in due course of arbitration and is sub4ect to enforcement b. the court! "he court shall recogni=e and enforce a foreign arbitral a(ard unless a ground to refuse recognition or enforcement of the foreign arbitral a(ard under this rule is full. established!

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"he decision of the court recogni=ing and enforcing a foreign arbitral a(ard is immediatel. e0ecutor.! 2n resolving the petition for recognition and enforcement of a foreign arbitral a(ard in accordance (ith these Special ADR Rules, the court shall either GaH recogni=e and6or enforce or GbH refuse to recogni=e and enforce the arbitral a(ard! "he court shall not disturb the arbitral tribunals determination of facts and6or interpretation of la(! R*+e 1,.12. Recognition and enforcement of non convention a'ard! "he court shall, onl. upon grounds provided b. these Special ADR Rules, recogni=e and enforce a foreign arbitral a(ard made in a countr. not a signator. to the <e( For# Convention (hen such countr. e0tends comit. and reciprocit. to a(ards made in the Philippines! 2f that countr. does not e0tend comit. and reciprocit. to a(ards made in the Philippines, the court ma. nevertheless treat such a(ard as a foreign 4udgment enforceable as such under Rule $', Section A?, of the Rules of Court! PART III PRO ISIONS SPECIFIC TO ME!IATION RULE 1-) %ENERAL PRO ISIONS R*+e 1-.1. Application of the rules on arbitration! - :henever applicable and appropriate, the pertinent rules on arbitration shall be applied in proceedings before the court relative to a dispute sub4ect to mediation! RULE 1.) !EPOSIT AN! ENFORCEMENT OF ME!IATE! SETTLEMENT A%REEMENTS R*+e 1..1. (ho ma+es a deposit! - An. part. to a mediation that is not court-anne0ed ma. deposit (ith the court the (ritten settlement agreement, (hich resulted from that mediation! R*+e 1..2. (hen deposit is made! - At an. time after an agreement is reached, the (ritten settlement agreement ma. be deposited!

R*+e 1..,. Venue! - "he (ritten settlement agreement ma. be 4ointl. deposited b. the parties or deposited b. one part. (ith prior notice to the other part.6ies (ith the Cler# of Court of the Regional "rial Court )a* (here the principal place of business in the Philippines of an. of the parties is located1 )b* if an. of the parties is an individual, (here an. of those individuals resides1 or )c* in the <ational Capital ,udicial Region! R*+e 1..-. Registry !oo+! - "he Cler# of Court of each Regional "rial Court shall #eep a Registr. 7oo# that shall chronologicall. list or enroll all the mediated settlement agreements6settlement a(ards that are deposited (ith the court as (ell as the names and address of the parties thereto and the date of enrollment and shall issue a Certificate of Deposit to the part. that made the deposit! R*+e 1.... 1nforcement of mediated settlement agreement! - An. of the parties to a mediated settlement agreement, (hich (as deposited (ith the Cler# of Court of the Regional "rial Court, ma., upon breach thereof, file a verified petition (ith the same court to enforce said agreement! R*+e 1../. Contents of petition! - "he verified petition shall/ a! <ame and designate, as petitioner or respondent, all parties to the mediated settlement agreement and those (ho ma. be affected b. it1 b! State the follo(ing/ )i*! "he addresses of the petitioner and respondents1 and )ii*! "he ultimate facts that (ould sho( that the adverse part. has defaulted to perform its obligation under said agreement1 and c! Dave attached to it the follo(ing/

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)i*! An authentic cop. of the mediated settlement agreement1 and )ii*! Certificate of Deposit sho(ing that the mediated settlement agreement (as deposited (ith the Cler# of Court! R*+e 1..7. )pposition! - "he adverse part. ma. file an opposition, (ithin fifteen )+8* da.s from receipt of notice or service of the petition, b. submitting (ritten proof of compliance (ith the mediated settlement agreement or such other affirmative or negative defenses it ma. have! R*+e 1..8. Court action! - After a summar. hearing, if the court finds that the agreement is a valid mediated settlement agreement, that there is no merit in an. of the affirmative or negative defenses raised, and the respondent has breached that agreement, in (hole or in part, the court shall order the enforcement thereof1 other(ise, it shall dismiss the petition! PART I PRO ISIONS SPECIFIC TO CONSTRUCTION AR$ITRATION RULE 1/) %ENERAL PRO ISIONS R*+e 1/.1. Application of the rules on arbitration! - :henever applicable and appropriate, the rules on arbitration shall be applied in proceedings before the court relative to a dispute sub4ect to construction arbitration! RULE 17) REFERRAL TO CIAC R*+e 17.1. #ismissal of action! - A Regional "rial Court before (hich a construction dispute is filed shall, upon becoming a(are that the parties have entered into an arbitration agreement, motu proprio or upon motion made not later than the pre-trial, dismiss the case and refer the parties to arbitration to be conducted b. the Construction 2ndustr. Arbitration Commission )C2AC*, unless all parties to arbitration, assisted b. their

respective counsel, submit to the court a (ritten agreement ma#ing the court, rather than the C2AC, the bod. that (ould e0clusivel. resolve the dispute! R*+e 17.2. Form and contents of motion! - "he re9uest for dismissal of the civil action and referral to arbitration shall be through a verified motion that shall )a* contain a statement sho(ing that the dispute is a construction dispute1 and )b* be accompanied b. proof of the e0istence of the arbitration agreement! 2f the arbitration agreement or other document evidencing the e0istence of that agreement is alread. part of the record, those documents need not be submitted to the court provided that the movant has cited in the motion particular references to the records (here those documents ma. be found! "he motion shall also contain a notice of hearing addressed to all parties and shall specif. the date and time (hen the motion (ill be heard, (hich must not be later than fifteen )+8* da.s after the filing of the motion! "he movant shall ensure receipt b. all parties of the motion at least three da.s before the date of the hearing! R*+e 17.,. )pposition! - @pon receipt of the motion to refer the dispute to arbitration b. C2AC, the other part. ma. file an opposition to the motion on or before the da. such motion is to be heard! "he opposition shall clearl. set forth the reasons (h. the court should not dismiss the case! R*+e 17.-. /earing! - "he court shall hear the motion onl. once and for the purpose of clarif.ing relevant factual and legal issues! R*+e 17... Court action! - 2f the other parties fail to file their opposition on or before the da. of the hearing, the court shall motu proprio resolve the motion onl. on the basis of the facts alleged in the motion! After hearing, the court shall dismiss the civil action and refer the parties to arbitration if it finds, based on the pleadings and supporting documents

32

submitted b. the parties, that there is a valid and enforceable arbitration agreement involving a construction dispute! Other(ise, the court shall proceed to hear the case! All doubts shall be resolved in favor of the e0istence of a construction dispute and the arbitration agreement! R*+e 17./. Referral immediately e-ecutory! - An order dismissing the case and referring the dispute to arbitration b. C2AC shall be immediatel. e0ecutor.! R*+e 17.7. &ultiple actions and parties! - "he court shall not decline to dismiss the civil action and ma#e a referral to arbitration b. C2AC for an. of the follo(ing reasons/ a! <ot all of the disputes sub4ect of the civil action ma. be referred to arbitration1 b! <ot all of the parties to the civil action are bound b. the arbitration agreement and referral to arbitration (ould result in multiplicit. of suits1 c! "he issues raised in the civil action could be speedil. and efficientl. resolved in its entiret. b. the Court rather than in arbitration1 d! Referral to arbitration does not appear to be the most prudent action1 or e! Dismissal of the civil action (ould pre4udice the rights of the parties to the civil action (ho are not bound b. the arbitration agreement! "he court ma., ho(ever, issue an order directing the inclusion in arbitration of those parties (ho are bound b. the arbitration agreement

directl. or b. reference thereto pursuant to Section $A of Republic Act <o! '&?8! 5urthermore, the court shall issue an order directing the case to proceed (ith respect to the parties not bound b. the arbitration agreement! R*+e 17.8. Referral - 2f the parties manifest that the. have agreed to submit all or part of their dispute pending (ith the court to arbitration b. C2AC, the court shall refer them to C2AC for arbitration! PART PRO ISIONS SPECIFIC TO OT&ER FORMS OF A!R RULE 18) %ENERAL PRO ISIONS R*+e 18.1. Applicability of rules to other forms of A#R! - "his rule governs the procedure for matters brought before the court involving the follo(ing forms of ADR/ a! arl. neutral evaluation1 b! <eutral evaluation1 c! 3ini-trial1 d! 3ediation-arbitration1 e! A combination thereof1 or f! An. other ADR form! R*+e 18.2. Applicability of the rules on mediation! - 2f the other ADR form6process is more a#in to mediation )i!e!, the neutral third part. merel. assists the parties in reaching a voluntar. agreement*, the herein rules on mediation shall appl.!

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R*+e 18.,. Applicabilit. of rules on arbitration!-2f the other ADR form6process is more a#in to arbitration )i3e3, the neutral third part. has the po(er to ma#e a binding resolution of the dispute*, the herein rules on arbitration shall appl.! R*+e 18.-. Referral! - 2f a dispute is alread. before a court, either part. ma. before and during pre-trial, file a motion for the court to refer the parties to other ADR forms6processes! At an. time during court proceedings, even after pre-trial, the parties ma. 4ointl. move for suspension of the action pursuant to Article &%$% of the Civil Code of the Philippines (here the possibilit. of compromise is sho(n! R*+e 18... Submission of settlement agreement! - ither part. ma. submit to the court, before (hich the case is pending, an. settlement agreement follo(ing a neutral or an earl. neutral evaluation, mini-trial or mediation-arbitration! PART I MOTION FOR RECONSI!ERATION, APPEAL AN! CERTIORARI RULE 19) MOTION FOR RECONSI!ERATION, APPEAL AN! CERTIORARI A. MOTION FOR RECONSI!ERATION R*+e 19.1. 3otion for reconsideration, (hen allo(ed! - A part. ma. as# the Regional "rial to reconsider its ruling on the follo(ing/ a! "hat the arbitration agreement is ine0istent, invalid or unenforceable pursuant to Rule $!+% )7*1 b! @pholding or reversing the arbitral tribunals 4urisdiction pursuant to Rule $!+'1 c! Den.ing a re9uest to refer the parties to arbitration1

d! Eranting or den.ing a part. an interim measure of protection1 e! Den.ing a petition for the appointment of an arbitrator1 f! Refusing to grant assistance in ta#ing evidence1 g! n4oining or refusing to en4oin a person from divulging confidential information1 h! Confirming, vacating or correcting a domestic arbitral a(ard1 i! Suspending the proceedings to set aside an international commercial arbitral a(ard and referring the case bac# to the arbitral tribunal1 4! Setting aside an international commercial arbitral a(ard1 #! Dismissing the petition to set aside an international commercial arbitral a(ard, even if the court does not recogni=e and6or enforce the same1 l! Recogni=ing and6or enforcing, or dismissing a petition to recogni=e and6or enforce an international commercial arbitral a(ard1 m! Declining a re9uest for assistance in ta#ing evidence1 n! Ad4ourning or deferring a ruling on a petition to set aside, recogni=e and6or enforce an international commercial arbitral a(ard1 o! Recogni=ing and6or enforcing a foreign arbitral a(ard, or refusing recognition and6or enforcement of the same1 and p! Eranting or dismissing a petition to enforce a deposited mediated settlement agreement!

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<o motion for reconsideration shall be allo(ed from the follo(ing rulings of the Regional "rial Court/ a! A prima facie determination upholding the e0istence, validit. or enforceabilit. of an arbitration agreement pursuant to Rule $!+ )A*1 b! An order referring the dispute to arbitration1 c! An order appointing an arbitrator1 d! An. ruling on the challenge to the appointment of an arbitrator1 e! An. order resolving the issue of the termination of the mandate of an arbitrator1 and f! An order granting assistance in ta#ing evidence! R*+e 19.2. (hen to move for reconsideration! - A motion for reconsideration ma. be filed (ith the Regional "rial Court (ithin a none0tendible period of fifteen )+8* da.s from receipt of the 9uestioned ruling or order! R*+e 19.,. Contents and notice! - "he motion shall be made in (riting stating the ground or grounds therefor and shall be filed (ith the court and served upon the other part. or parties! R*+e 19.-. )pposition or comment! - @pon receipt of the motion for reconsideration, the other part. or parties shall have a non-e0tendible period of fifteen )+8* da.s to file his opposition or comment! R*+e 19... Resolution of motion! - A motion for reconsideration shall be resolved (ithin thirt. )$%* da.s from receipt of the opposition or comment or upon the e0piration of the period to file such opposition or comment!

R*+e 19./. No second motion for reconsideration! - <o part. shall be allo(ed a second motion for reconsideration! $. %ENERAL PRO ISIONS ON APPEAL AN! CERTIORARI R*+e 19.7. No appeal or certiorari on the merits of an arbitral a'ard! An agreement to refer a dispute to arbitration shall mean that the arbitral a(ard shall be final and binding! Conse9uentl., a part. to an arbitration is precluded from filing an appeal or a petition for certiorari 9uestioning the merits of an arbitral a(ard! R*+e 19.8. Subject matter and governing rules! - "he remed. of an appeal through a petition for revie( or the remed. of a special civil action of certiorari from a decision of the Regional "rial Court made under the Special ADR Rules shall be allo(ed in the instances, and instituted onl. in the manner, provided under this Rule! R*+e 19.9. Prohibited alternative remedies! - :here the remedies of appeal and certiorari are specificall. made available to a part. under the Special ADR Rules, recourse to one remed. shall preclude recourse to the other! R*+e 19.10. Rule on judicial revie' on arbitration in the Philippines! As a general rule, the court can onl. vacate or set aside the decision of an arbitral tribunal upon a clear sho(ing that the a(ard suffers from an. of the infirmities or grounds for vacating an arbitral a(ard under Section &A of Republic Act <o! ?CB or under Rule $A of the 3odel ;a( in a domestic arbitration, or for setting aside an a(ard in an international arbitration under Article $A of the 3odel ;a(, or for such other grounds provided under these Special Rules! 2f the Regional "rial Court is as#ed to set aside an arbitral a(ard in a domestic or international arbitration on an. ground other than those provided in the Special ADR Rules, the court shall entertain such ground for the setting aside or non-recognition of the arbitral a(ard onl. if the same amounts to a violation of public polic.!

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"he court shall not set aside or vacate the a(ard of the arbitral tribunal merel. on the ground that the arbitral tribunal committed errors of fact, or of la(, or of fact and la(, as the court cannot substitute its 4udgment for that of the arbitral tribunal! R*+e 19.11. Rule on judicial revie' of foreign arbitral a'ard! - "he court can den. recognition and enforcement of a foreign arbitral a(ard onl. upon the grounds provided in Article V of the <e( For# Convention, but shall have no po(er to vacate or set aside a foreign arbitral a(ard! C. APPEALS TO T&E COURT OF APPEALS R*+e 19.12. Appeal to the Court of Appeals! - An appeal to the Court of Appeals through a petition for revie( under this Special Rule shall onl. be allo(ed from the follo(ing final orders of the Regional "rial Court/ a! Eranting or den.ing an interim measure of protection1 b! Den.ing a petition for appointment of an arbitrator1 c! Den.ing a petition for assistance in ta#ing evidence1 d! n4oining or refusing to en4oin a person from divulging confidential information1 e! Confirming, vacating or correcting6modif.ing a domestic arbitral a(ard1 f! Setting aside an international commercial arbitration a(ard1 g! Dismissing the petition to set aside an international commercial arbitration a(ard even if the court does not decide to recogni=e or enforce such a(ard1 h! Recogni=ing and6or enforcing an international commercial arbitration a(ard1

i! Dismissing a petition to enforce an international commercial arbitration a(ard1 4! Recogni=ing and6or enforcing a foreign arbitral a(ard1 #! Refusing recognition and6or enforcement of a foreign arbitral a(ard1 l! Eranting or dismissing a petition to enforce a deposited mediated settlement agreement1 and m! Reversing the ruling of the arbitral tribunal upholding its 4urisdiction! R*+e 19.1,. (here to appeal! - An appeal under this Rule shall be ta#en to the Court of Appeals (ithin the period and in the manner herein provided! R*+e 19.1-. (hen to appeal! - "he petition for revie( shall be filed (ithin fifteen )+8* da.s from notice of the decision of the Regional "rial Court or the denial of the petitioners motion for reconsideration! R*+e 19.1.. /o' appeal ta+en! - Appeal shall be ta#en b. filing a verified petition for revie( in seven )C* legible copies (ith the Court of Appeals, (ith proof of service of a cop. thereof on the adverse part. and on the Regional "rial Court! "he original cop. of the petition intended for the Court of Appeals shall be mar#ed original b. the petitioner! @pon the filing of the petition and unless other(ise prescribed b. the Court of Appeals, the petitioner shall pa. to the cler# of court of the Court of Appeals doc#eting fees and other la(ful fees of P$,8%%!%% and deposit the sum of P8%%!%% for costs! 0emption from pa.ment of doc#et and other la(ful fees and the deposit for costs ma. be granted b. the Court of Appeals upon a verified motion setting forth valid grounds therefor! 2f the Court of Appeals denies the

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motion, the petitioner shall pa. the doc#eting and other la(ful fees and deposit for costs (ithin fifteen da.s from the notice of the denial! R*+e 19.1/. Contents of the Petition! - "he petition for revie( shall )a* state the full names of the parties to the case, (ithout impleading the court or agencies either as petitioners or respondent, )b* contain a concise statement of the facts and issues involved and the grounds relied upon for the revie(, )c* be accompanied b. a clearl. legible duplicate original or a certified true cop. of the decision or resolution of the Regional "rial Court appealed from, together (ith certified true copies of such material portions of the record referred to therein and other supporting papers, and )d* contain a s(orn certification against forum shopping as provided in the Rules of Court! "he petition shall state the specific material dates sho(ing that it (as filed (ithin the period fi0ed herein! R*+e 19.17. 1ffect of failure to comply 'ith re,uirements! - "he court shall dismiss the petition if it fails to compl. (ith the foregoing re9uirements regarding the pa.ment of the doc#et and other la(ful fees, the deposit for costs, proof of service of the petition, the contents and the documents, (hich should accompan. the petition! R*+e 19.18. Action on the petition! - "he Court of Appeals ma. re9uire the respondent to file a comment on the petition, not a motion to dismiss, (ithin ten )+%* da.s from notice, or dismiss the petition if it finds, upon consideration of the grounds alleged and the legal briefs submitted b. the parties, that the petition does not appear to be prima facie meritorious! R*+e 19.19. Contents of Comment! - "he comment shall be filed (ithin ten )+%* da.s from notice in seven )C* legible copies and accompanied b. clearl. legible certified true copies of such material portions of the record referred to therein together (ith other supporting papers! "he comment shall )a* point out insufficiencies or inaccuracies in petitioners statement of facts and issues, and )b* state the reasons (h. the petition should be denied or dismissed! A cop. thereof shall be served on the petitioner, and proof of such service shall be filed (ith the Court of Appeals!

R*+e 19.20. #ue course! - 2f upon the filing of a comment or such other pleading or documents as ma. be re9uired or allo(ed b. the Court of Appeals or upon the e0piration of the period for the filing thereof, and on the basis of the petition or the records, the Court of Appeals finds prima facie that the Regional "rial Court has committed an error that (ould (arrant reversal or modification of the 4udgment, final order, or resolution sought to be revie(ed, it ma. give due course to the petition1 other(ise, it shall dismiss the same! R*+e 19.21. .ransmittal of records! - :ithin fifteen )+8* da.s from notice that the petition has been given due course, the Court of Appeals ma. re9uire the court or agenc. concerned to transmit the original or a legible certified true cop. of the entire record of the proceeding under revie(! "he record to be transmitted ma. be abridged b. agreement of all parties to the proceeding! "he Court of Appeals ma. re9uire or permit subse9uent correction of or addition to the record! R*+e 19.22. 1ffect of appeal! - "he appeal shall not sta. the a(ard, 4udgment, final order or resolution sought to be revie(ed unless the Court of Appeals directs other(ise upon such terms as it ma. deem 4ust! R*+e 19.2,. Submission for decision! - 2f the petition is given due course, the Court of Appeals ma. set the case for oral argument or re9uire the parties to submit memoranda (ithin a period of fifteen )+8* da.s from notice! "he case shall be deemed submitted for decision upon the filing of the last pleading or memorandum re9uired b. the Court of Appeals! "he Court of Appeals shall render 4udgment (ithin si0t. )B%* da.s from the time the case is submitted for decision! R*+e 19.2-. Subject of appeal restricted in certain instance! - 2f the decision of the Regional "rial Court refusing to recogni=e and6or enforce, vacating and6or setting aside an arbitral a(ard is premised on a finding of fact, the Court of Appeals ma. in9uire onl. into such fact to determine the e0istence or non-e0istence of the specific ground under the arbitration la(s of the Philippines relied upon b. the Regional "rial Court to refuse

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to recogni=e and6or enforce, vacate and6or set aside an a(ard! An. such in9uir. into a 9uestion of fact shall not be resorted to for the purpose of substituting the courts 4udgment for that of the arbitral tribunal as regards the latters ruling on the merits of the controvers.! R*+e 19.2.. Party appealing decision of court confirming arbitral a'ard re,uired to post bond! - "he Court of Appeals shall (ithin fifteen )+8* da.s from receipt of the petition re9uire the part. appealing from the decision or a final order of the Regional "rial Court, either confirming or enforcing an arbitral a(ard, or den.ing a petition to set aside or vacate the arbitral a(ard to post a bond e0ecuted in favor of the prevailing part. e9ual to the amount of the a(ard! 5ailure of the petitioner to post such bond shall be a ground for the Court of Appeals to dismiss the petition! !. SPECIAL CI IL ACTION FOR CERTIORARI R*+e 19.2/. Certiorari to the Court of Appeals! - :hen the Regional "rial Court, in ma#ing a ruling under the Special ADR Rules, has acted (ithout or in e0cess of its 4urisdiction, or (ith grave abuse of discretion amounting to lac# or e0cess of 4urisdiction, and there is no appeal or an. plain, speed., and ade9uate remed. in the ordinar. course of la(, a part. ma. file a special civil action for certiorari to annul or set aside a ruling of the Regional "rial Court! A special civil action for certiorari ma. be filed against the follo(ing orders of the court! a! Dolding that the arbitration agreement is ine0istent, invalid or unenforceable1 b! Reversing the arbitral tribunals preliminar. determination upholding its 4urisdiction1 c! Den.ing the re9uest to refer the dispute to arbitration1

d! Eranting or refusing an interim relief1 e! Den.ing a petition for the appointment of an arbitrator1 f! Confirming, vacating or correcting a domestic arbitral a(ard1 g! Suspending the proceedings to set aside an international commercial arbitral a(ard and referring the case bac# to the arbitral tribunal1 h! Allo(ing a part. to enforce an international commercial arbitral a(ard pending appeal1 i! Ad4ourning or deferring a ruling on (hether to set aside, recogni=e and or enforce an international commercial arbitral a(ard1 4! Allo(ing a part. to enforce a foreign arbitral a(ard pending appeal1 and #! Den.ing a petition for assistance in ta#ing evidence! R*+e 19.27. Form! - "he petition shall be accompanied b. a certified true cop. of the 9uestioned 4udgment, order or resolution of the Regional "rial Court, copies of all pleadings and documents relevant and pertinent thereto, and a s(orn certification of non-forum shopping as provided in the Rules of Court! @pon the filing of the petition and unless other(ise prescribed b. the Court of Appeals, the petitioner shall pa. to the cler# of court of the Court of Appeals doc#eting fees and other la(ful fees of P$,8%%!%% and deposit the sum of P8%%!%% for costs! 0emption from pa.ment of doc#et and other la(ful fees and the deposit for costs ma. be granted b. the Court of Appeals upon a verified motion setting forth valid grounds therefor! 2f the Court of Appeals denies the motion, the petitioner shall

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pa. the doc#eting and other la(ful fees and deposit for costs (ithin fifteen da.s from the notice of the denial! R*+e 19.28. (hen to file petition! - "he petition must be filed (ith the Court of Appeals (ithin fifteen )+8* da.s from notice of the 4udgment, order or resolution sought to be annulled or set aside! <o e0tension of time to file the petition shall be allo(ed! R*+e 19.29. Arbitral tribunal a nominal party in the petition! - "he arbitral tribunal shall onl. be a nominal part. in the petition for certiorari! As nominal part., the arbitral tribunal shall not be re9uired to submit an. pleadings or (ritten submissions to the court! "he arbitral tribunal or an arbitrator ma., ho(ever, submit such pleadings or (ritten submissions if the same serves the interest of 4ustice! 2n petitions relating to the recognition and enforcement of a foreign arbitral a(ard, the arbitral tribunal shall not be included even as a nominal part.! Do(ever, the tribunal ma. be notified of the proceedings and furnished (ith court processes! R*+e 19.,0. Court to dismiss petition! - "he court shall dismiss the petition if it fails to compl. (ith Rules +'!&C and +'!&? above, or upon consideration of the ground alleged and the legal briefs submitted b. the parties, the petition does not appear to be prima facie meritorious! R*+e 19.,1. )rder to comment! - 2f the petition is sufficient in form and substance to 4ustif. such process, the Court of Appeals shall immediatel. issue an order re9uiring the respondent or respondents to comment on the petition (ithin a non-e0tendible period of fifteen )+8* da.s from receipt of a cop. thereof! Such order shall be served on the respondents in such manner as the court ma. direct, together (ith a cop. of the petition and an. anne0es thereto! R*+e 19.,2. Arbitration may continue despite petition for certiorari! - A petition for certiorari to the court from the action of the appointing authorit. or the arbitral tribunal allo(ed under this Rule shall not prevent

the arbitral tribunal from continuing the proceedings and rendering its a(ard! Should the arbitral tribunal continue (ith the proceedings, the arbitral proceedings and an. a(ard rendered therein (ill be sub4ect to the final outcome of the pending petition for certiorari! R*+e 19.,,. Prohibition against injunctions! - "he Court of Appeals shall not, during the pendenc. of the proceedings before it, prohibit or en4oin the commencement of arbitration, the constitution of the arbitral tribunal, or the continuation of arbitration! R*+e 19.,-. Proceedings after comment is filed! - After the comment is filed, or the time for the filing thereof has e0pired, the court shall render 4udgment granting the relief pra.ed for or to (hich the petitioner is entitled, or den.ing the same, (ithin a non-e0tendible period of fifteen )+8* da.s! R*+e 19.,.. Service and enforcement of order or judgment! - A certified cop. of the 4udgment rendered in accordance (ith the last preceding section shall be served upon the Regional "rial Court concerned in such manner as the Court of Appeals ma. direct, and disobedience thereto shall be punished as contempt! E. APPEAL $" CERTIORARI TO T&E SUPREME COURT R*+e 19.,/. Revie' discretionary! - A revie( b. the Supreme Court is not a matter of right, but of sound 4udicial discretion, (hich (ill be granted onl. for serious and compelling reasons resulting in grave pre4udice to the aggrieved part.! "he follo(ing, (hile neither controlling nor full. measuring the courtIs discretion, indicate the serious and compelling, and necessaril., restrictive nature of the grounds that (ill (arrant the e0ercise of the Supreme Courts discretionar. po(ers, (hen the Court of Appeals/ a! 5ailed to appl. the applicable standard or test for 4udicial revie( prescribed in these Special ADR Rules in arriving at its decision resulting in substantial pre4udice to the aggrieved part.1

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b! rred in upholding a final order or decision despite the lac# of 4urisdiction of the court that rendered such final order or decision1 c! 5ailed to appl. an. provision, principle, polic. or rule contained in these Special ADR Rules resulting in substantial pre4udice to the aggrieved part.1 and d! Committed an error so egregious and harmful to a part. as to amount to an undeniable e0cess of 4urisdiction! "he mere fact that the petitioner disagrees (ith the Court of Appeals determination of 9uestions of fact, of la( or both 9uestions of fact and la(, shall not (arrant the e0ercise of the Supreme Courts discretionar. po(er! "he error imputed to the Court of Appeals must be grounded upon an. of the above prescribed grounds for revie( or be closel. analogous thereto! A mere general allegation that the Court of Appeals has committed serious and substantial error or that it has acted (ith grave abuse of discretion resulting in substantial pre4udice to the petitioner (ithout indicating (ith specificit. the nature of such error or abuse of discretion and the serious pre4udice suffered b. the petitioner on account thereof, shall constitute sufficient ground for the Supreme Court to dismiss outright the petition! R*+e 19.,7. Filing of petition 'ith Supreme Court! - A part. desiring to appeal b. certiorari from a 4udgment or final order or resolution of the Court of Appeals issued pursuant to these Special ADR Rules ma. file (ith the Supreme Court a verified petition for revie( on certiorari! "he petition shall raise onl. 9uestions of la(, (hich must be distinctl. set forth! R*+e 19.,8. .ime for filing4 e-tension! - "he petition shall be filed (ithin fifteen )+8* da.s from notice of the 4udgment or final order or resolution appealed from, or of the denial of the petitionerIs motion for ne( trial or reconsideration filed in due time after notice of the 4udgment!

On motion dul. filed and served, (ith full pa.ment of the doc#et and other la(ful fees and the deposit for costs before the e0piration of the reglementar. period, the Supreme Court ma. for 4ustifiable reasons grant an e0tension of thirt. )$%* da.s onl. (ithin (hich to file the petition! R*+e 19.,9. #oc+et and other la'ful fees4 proof of service of petition! @nless he has theretofore done so or unless the Supreme Court orders other(ise, the petitioner shall pa. doc#et and other la(ful fees to the cler# of court of the Supreme Court of P$,8%%!%% and deposit the amount of P8%%!%% for costs at the time of the filing of the petition! Proof of service of a cop. thereof on the lo(er court concerned and on the adverse part. shall be submitted together (ith the petition! R*+e 19.-0. Contents of petition! - "he petition shall be filed in eighteen )+?* copies, (ith the original cop. intended for the court being indicated as such b. the petitioner, and shall )a* state the full name of the appealing part. as the petitioner and the adverse part. as respondent, (ithout impleading the lo(er courts or 4udges thereof either as petitioners or respondents1 )b* indicate the material dates sho(ing (hen notice of the 4udgment or final order or resolution sub4ect thereof (as received, (hen a motion for ne( trial or reconsideration, if an., (as filed and (hen notice of the denial thereof (as received1 )c* set forth concisel. a statement of the matters involved, and the reasons or arguments relied on for the allo(ance of the petition1 )d* be accompanied b. a clearl. legible duplicate original, or a certified true cop. of the 4udgment or final order or resolution certified b. the cler# of court of the court a 9uo and the re9uisite number of plain copies thereof, and such material portions of the record as (ould support the petition1 and )e* contain a s(orn certification against forum shopping! R*+e 19.-1. #ismissal or denial of petition! - "he failure of the petitioner to compl. (ith an. of the foregoing re9uirements regarding the pa.ment of the doc#et and other la(ful fees, deposit for costs, proof of service of the petition, and the contents of and the documents (hich should accompan. the petition shall be sufficient ground for the dismissal thereof!

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"he Supreme Court ma. on its o(n initiative den. the petition on the ground that the appeal is (ithout merit, or is prosecuted manifestl. for dela., or that the 9uestions raised therein are too insubstantial to re9uire consideration! R*+e 19.-2. #ue course1 elevation of records! - 2f the petition is given due course, the Supreme Court ma. re9uire the elevation of the complete record of the case or specified parts thereof (ithin fifteen )+8* da.s from notice! PART II FINAL PRO ISIONS RULE 20) FILIN% AN! !EPOSIT FEES R*+e 20.1. Filing fee in petitions or counter petitions to confirm or enforce, vacate or set aside arbitral a'ard or for the enforcement of a mediated settlement agreement! - "he filing fee for filing a petition to confirm or enforce, vacate or set aside an arbitral a(ard in a domestic arbitration or in an international commercial arbitration, or enforce a mediated settlement agreement shall be as follo(s/ PhP +%,%%%!%% - if the a(ard does not e0ceed PhP +,%%%,%%%!%% PhP &%,%%%!%% - if the a(ard does not e0ceed PhP &%,%%%,%%%!%% PhP $%,%%%!%% - if the a(ard does not e0ceed PhP 8%,%%%,%%%!%% PhP A%,%%%!%% - if the a(ard does not e0ceed PhP +%%,%%%,%%%!%% PhP 8%,%%%!%% - if the a(ard e0ceeds PhP +%%,%%%,%%%!%% T;e m262m4+ 52+26< 5ee p4=4b+e 26 >4++ ot;er 43t2o67 6ot 26?o+?26< propert=> 7;4++ be p421 b= t;e pet2t2o6er 7ee@26< to e65or3e 5ore2<6 4rb2tr4+ 4A4r17 *61er t;e NeA "or@ Co6?e6t2o6 26 t;e P;2+2pp26e7.

R*+e 20.2. Filing fee for action to enforce as a counter petition! - A petition to enforce an arbitral a(ard in a domestic arbitration or in an international commercial arbitration submitted as a petition to enforce and6or recogni=e an a(ard in opposition to a timel. petition to vacate or set aside the arbitral a(ard shall re9uire the pa.ment of the filing fees prescribed in Rule &%!+ above! R*+e 20.,. #eposit fee for mediated settlement agreements! - An. part. to a mediated settlement agreement (ho deposits it (ith the cler# of court shall pa. a deposit fee of P8%%!%%! R*+e 20.-. Filing fee for other proceedings! - "he filing fee for the filing of an. other proceedings, including applications for interim relief, as authori=ed under these Special Rules not covered under an. of the foregoing provisions, shall be P+%,%%%!%%! RULE 21) COSTS R*+e 21.1. Costs! - "he costs of the ADR proceedings shall be borne b. the parties e9uall. unless other(ise agreed upon or directed b. the arbitrator or arbitral tribunal! R*+e 21.2. )n the dismissal of a petition against a ruling of the arbitral tribunal on a preliminary ,uestion upholding its jurisdiction! - 2f the Regional "rial Court dismisses the petition against the ruling of the arbitral tribunal on a preliminar. 9uestion upholding its 4urisdiction, it shall also order the petitioner to pa. the respondent all reasonable costs and e0penses incurred in opposing the petition! -Costs- shall include reasonable attorne.s fees! "he court shall a(ard costs upon application of the respondent after the petition is denied and the court finds, based on proof submitted b. respondent, that the amount of costs incurred is reasonable! R*+e 21.,. )n recognition and enforcement of a foreign arbitral a'ard! At the time the case is submitted to the court for decision, the part. pra.ing for recognition and enforcement of a foreign arbitral a(ard shall

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submit a statement under oath confirming the costs he has incurred onl. in the proceedings in the Philippines for such recognition and enforcement or setting-aside! "he costs shall include attorne.s fees the part. has paid or is committed to pa. to his counsel of record! "he prevailing part. shall be entitled to an a(ard of costs (hich shall include the reasonable attorne.s fees of the prevailing part. against the unsuccessful part.! "he court shall determine the reasonableness of the claim for attorne.s fees! R*+e 21.-. Costs! - At the time the case is submitted to the court for decision, the part. pra.ing for confirmation or vacation of an arbitral a(ard shall submit a statement under oath confirming the costs he has incurred onl. in the proceedings for confirmation or vacation of an arbitral a(ard! "he costs shall include the attorne.s fees the part. has paid or is committed to pa. to his counsel of record! "he prevailing part. shall be entitled to an a(ard of costs (ith respect to the proceedings before the court, (hich shall include the reasonable attorne.s fees of the prevailing part. against the unsuccessful part.! "he court shall determine the reasonableness of the claim for attorne.s fees! R*+e 21... !ill of Costs! - @nless other(ise agreed upon b. the parties in (riting, at the time the case is submitted to the court for decision, the part. pra.ing for recognition and enforcement or for setting aside an arbitral a(ard shall submit a statement under oath confirming the costs he has incurred onl. in the proceedings for such recognition and enforcement or setting-aside! "he costs shall include attorne.s fees the part. has paid or is committed to pa. to his counsel of record! "he prevailing part. shall be entitled to an a(ard of costs, (hich shall include reasonable attorne.s fees of the prevailing part. against the unsuccessful part.! "he court shall determine the reasonableness of the claim for attorne.s fees!

R*+e 21./. %overnment*s e-emption from payment of fees! - "he Republic of the Philippines, its agencies and instrumentalities are e0empt from pa.ing legal fees provided in these Special ADR Rules! ;ocal governments and government controlled corporation (ith or (ith or (ithout independent charters are not e0empt from pa.ing such fees! RULE 22) APPLICA$ILIT" OF T&E RULES OF COURT R*+e 22.1. Applicability of Rules of Court! - "he provisions of the Rules of Court that are applicable to the proceedings enumerated in Rule +!+ of these Special ADR Rules have either been included and incorporated in these Special ADR Rules or specificall. referred to herein! 2n connection (ith the above proceedings, the Rules of vidence shall be liberall. construed to achieve the ob4ectives of the Special ADR Rules! RULE 2,) SEPARA$ILIT" R*+e 2,.1. Separability Clause! - 2f, for an. reason, an. part of the Special ADR Rules shall be held unconstitutional or invalid, other Rules or provisions hereof (hich are not affected thereb., shall continue to be in full force and effect! RULE 2-) TRANSITOR" PRO ISIONS R*+e 2-.1. .ransitory Provision! - Considering its procedural character, the Special ADR Rules shall be applicable to all pending arbitration, mediation or other ADR forms covered b. the ADR Act, unless the parties agree other(ise! "he Special ADR Rules, ho(ever, ma. not pre4udice or impair vested rights in accordance (ith la(! RULE 2.) ONLINE !ISPUTE RESOLUTION R*+e 2..1. Applicability of the Special A#R Rules to )nline #ispute Resolution! - :henever applicable and appropriate, the Special ADR

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Rules shall govern the procedure for matters brought before the court involving Online Dispute Resolution! R*+e 2..2. Scope of )nline #ispute Resolution! - Online Dispute Resolution shall refer to all electronic forms of ADR including the use of the internet and other (eb or computed based technologies for facilitating ADR! RULE 2/) EFFECTI IT" R*+e 2/.1. 1ffectivity! - "he Special ADR Rules shall ta#e effect fifteen )+8* da.s after its complete publication in t(o )&* ne(spapers of general circulation!

"he lender ma. li#e(ise institute foreclosure proceedings against the collateral securing the loan prior to the commencement of the arbitral proceeding! 7. agreeing to refer an. dispute under the contract of loan to arbitration, the lender (ho is secured b. an accessor. contract of real estate mortgage shall be deemed to have (aived his right to obtain satisfaction of the loan b. 4udicial foreclosure! R*+e A.,. Remedy of the borro'er against an action ta+en by the lender against the collateral before the constitution of the arbitral tribunal! "he borro(er providing securit. for the pa.ment of his loan (ho is aggrieved b. the action ta#en b. the lender against the collateral securing the loan ma., if such action against the collateral is ta#en before the arbitral tribunal is constituted, appl. (ith the appropriate court for interim relief against an. such action of the lender! Such interim relief ma. be obtained onl. in a special proceeding for that purpose, against the action ta#en b. the lender against the collateral, pending the constitution of the arbitral tribunal! An. determination made b. the court in that special proceeding pertaining to the merits of the controvers., including the right of the lender to proceed against the collateral, shall be onl. provisional in nature! After the arbitral tribunal is constituted, the court shall sta. its proceedings and defer to the 4urisdiction of the arbitral tribunal over the entire controvers. including an. 9uestion regarding the right of the lender to proceed against the collateral! R*+e A.-. Remedy of borro'er against action ta+en by the lender against the collateral after the arbitral tribunal has been constituted! - After the arbitral tribunal is constituted, the borro(er providing securit. for the pa.ment of his loan (ho is aggrieved b. the action ta#en b. the lender against the collateral securing the loan ma. appl. to the arbitral tribunal for relief, including a claim for damages, against such action of the lender! An application to the court ma. also be made b. the borro(er against an. action ta#en b. the lender against the collateral securing the

RULE A) %UI!ELINES FOR T&E RESOLUTION OF ISSUES RELATE! TO AR$ITRATION OF LOANS SECURE! $" COLLATERAL R*+e A.1. Applicability of an arbitration agreement in a contract of loan applies to the accessory contract securing the loan! - An arbitration agreement in a contract of loan e0tends to and covers the accessor. contract securing the loan such as a pledge or a mortgage e0ecuted b. the borro(er in favor of the lender under that contract of loan! R*+e A.2. Foreclosure of pledge or e-tra judicial foreclosure of mortgage not precluded by arbitration! - "he commencement of the arbitral proceeding under the contract of loan containing an arbitration agreement shall not preclude the lender from availing himself of the right to obtain satisfaction of the loan under the accessor. contract b. foreclosure of the thing pledged or b. e0tra-4udicial foreclosure of the collateral under the real estate mortgage in accordance (ith Act <o! $+$8!

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loan but onl. if the arbitral tribunal cannot act effectivel. to prevent an irreparable in4ur. to the rights of such borro(er during the pendenc. of the arbitral proceeding! An arbitration agreement in a contract of loan precludes the borro(er therein providing securit. for the loan from filing and6or proceeding (ith an. action in court to prevent the lender from foreclosing the pledge or e0tra-4udiciall. foreclosing the mortgage! 2f an. such action is filed in court, the lender shall have the right provided in the Special ADR Rules to have such action sta.ed on account of the arbitration agreement! R*+e A... Relief that may be granted by the arbitral tribunal! - "he arbitral tribunal, in aid of the arbitral proceeding before it, ma. upon submission of ade9uate securit., suspend or en4oin the lender from proceeding against the collateral securing the loan pending final determination b. the arbitral tribunal of the dispute brought to it for decision under such contract of loan! "he arbitral tribunal shall have the authorit. to resolve the issue of the validit. of the foreclosure of the thing pledged or of the e0tra4udicial foreclosure of the collateral under the real estate mortgage if the same has not .et been foreclosed or confirm the validit. of such foreclosure if made before the rendition of the arbitral a(ard and had not been en4oined! R*+e A./. Arbitration involving a third party provider of security! - An arbitration agreement contained in a contract of loan bet(een the lender and the borro(er e0tends to and covers an accessor. contract securing the loan, such as a pledge, mortgage, guarant. or suret.ship, e0ecuted b. a person other than the borro(er onl. if such third-part. securing the loan has agreed in the accessor. contract, either directl. or b. reference, to be bound b. such arbitration agreement! @nless other(ise e0pressl. agreed upon b. the third-part. securing the loan, his agreement to be bound b. the arbitration agreement in the contract of loan shall pertain to disputes arising from or in connection

(ith the relationship bet(een the lender and the borro(er as (ell as the relationship bet(een the lender and such third-part. including the right of the lender to proceed against the collateral securing the loan, but shall e0clude disputes pertaining to the relationship e0clusivel. bet(een the borro(er and the provider of securit. such as that involving a claim b. the provider of securit. for indemnification against the borro(er! 2n this multi-part. arbitration among the lender, the borro(er and the third part. securing the loan, the parties ma. agree to submit to arbitration before a sole arbitrator or a panel of three arbitrators to be appointed either b. an Appointing Authorit. designated b. the parties in the arbitration agreement or b. a default Appointing Authorit. under the la(! 2n default of an agreement on the manner of appointing arbitrators or of constituting the arbitral tribunal in such multi-part. arbitration, the dispute shall be resolved b. a panel of three arbitrators to be designated b. the Appointing Authorit. under the la(! 7ut even in default of an agreement on the manner of appointing an arbitrator or constituting an arbitral tribunal in a multi-part. arbitration, if the borro(er and the third part. securing the loan agree to designate a common arbitrator, arbitration shall be decided b. a panel of three arbitrators/ one to be designated b. the lender1 the other to be designated 4ointl. b. the borro(er and the provider of securit. (ho have agreed to designate the same arbitrator1 and a third arbitrator (ho shall serve as the chairperson of the arbitral panel to be designated b. the t(o part.-designated arbitrators!