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Chapter 10: Special Rules of Court on The court shall conduct a summary

Alternative Dispute Resolution (ADR) hearing to determine whether or not the


*see “Appendix “E” of the book for reference (page 403) mediated settlement agreement is valid
and render judgment accordingly by
Provision Specific to Mediation – Rules 14 to 15, either enforcing the agreement or
Special ADR Rules dismissing the petition.

 Rules 14 to 15 of the Special ADR Rules Provision Specific to Other Forms of ADR –
govern the situation where the parties to Rules 18.1 to 18.5, Special ADR Rules
mediation entered into and executed written
 Rule 18 of the Special ADR Rules apply to
mediated settlement agreements. The
early neutral evaluation; neutral evaluation;
parties may require any of the following
mini-trial; mediation-arbitration; any
processes:
combination thereof; or any other ADR form.
1. Deposit of Mediated Settlement
 General Rule: rules of procedure applicable
Agreements (Rules 15.1 to 15.4)
to the different forms of ADR shall be those
agreed upon by the parties.
In order for the mediated settlement
agreement to be enforceable – it must
 Absence of such agreement, the Specific
be deposited with the proper Clerk of
Rules on these forms of ADR shall be
Court of the RTC:
applicable.
i. Where the principal place of
In Default thereof, the RULES ON
business in the Philippines of
MEDIATION shall suppletorily apply to
any of the parties is located;
the forms of ADR which are more akin to
ii. If any of the parties is an
mediation than arbitration.
individual, where any of those
individuals resides; or
The RULES ON ARBITRATION for those
iii. In the National Capital Judicial
which are more akin to arbitration than
Region.
mediation.
The Clerk of Court of every RTC is
required to: Chapter 11: Special Rules of Court on
Alternative Dispute Resolution (ADR)
i. Keep a Registry Book – list or *see “Appendix “E” of the book for reference (page 403)
enroll chronologically all the
mediated settlement
Motion for Reconsideration, Appeal and
agreements or settlement
Certiorari
awards that are deposited with
the court; and  Rule 19 of the Special ADR Rules covers the
ii. Issue a Certificate of Deposit to remedies available to parties for challenging
the party making the deposit. the orders, decisions or judgments rendered
by the RTC. These remedies are:
2. Enforcement of Mediated Settlement
Agreements (Rules 15.5 to 15.8) 1. Motion for Reconsideration (Rules 19.1 to
Any parties to a mediated settlement 19.11) – A party may ask the RTC to
agreement which was deposited, may, reconsider its ruling on the following:
upon, breach thereof, file a verified
a. That the arbitration agreement is
petition to enforce the agreement.
inexistent, invalid or unenforceable
pursuant to Rule 3.10 (B);
If the agreement has not yet been b. Upholding or reversing the arbitral
deposited, the petitioner has to deposit tribunal’s jurisdiction pursuant to Rule
the agreement first before filing the 3.19;
petition in court. c. Denying a request to refer the parties to
arbitration;
The adverse party may file an opposition d. Granting or denying a party an interim
to the petition within 15 days from measure of protection;
receipt of notice of the petition. e. Denying a petition for the appointment
of an arbitrator;
f. Refusing to grant assistance in taking
evidence;
g. Enjoining or refusing to enjoin a person 2. Appeal to the Court of Appeals (Rules 19.12
from divulging confidential information; to 19.25) – akin to a “petition for review”
h. Confirming, vacating or correcting a under Rule 42 of the 1997 Rules of Civil
domestic arbitral award; Procedure which is based on errors of facts
i. Suspending the proceedings to set aside and/or law.
an international commercial arbitral
award and referring the case back to the
The petition for review shall be allowed only
arbitral tribunal;
from the following final orders of the RTC:
j. Setting aside an international
commercial arbitral award; a. Granting or denying an interim measure
k. Dismissing the petition to set aside an of protection;
international commercial arbitral award, b. Denying a petition for appointment of an
even if the court does not recognize arbitrator;
and/or enforce the same; c. Denying a petition for assistance in
l. Recognizing and/or enforcing, or taking evidence;
dismissing a petition to recognize and/or d. Enjoining or refusing to enjoin a person
enforce an international commercial from divulging confidential information;
arbitral award; e. Confirming, vacating or
m. Declining a request for assistance in correcting/modifying a domestic arbitral
taking evidence; award;
n. Adjourning or deferring a ruling on a f. Setting aside an international
petition to set aside, recognize and/or commercial arbitration award;
enforce an international commercial g. Dismissing the petition to set aside an
arbitral award; international commercial arbitration
o. Recognizing and/or enforcing a foreign award even if the court does not decide
arbitral award, or refusing recognition to recognize or enforce such award;
and/or enforcement of the same; and h. Recognizing and/or enforcing an
p. Granting or dismissing a petition to international commercial arbitration
enforce a deposited mediated award;
settlement agreement. i. Dismissing a petition to enforce an
No motion for reconsideration shall be allowed international commercial arbitration
award;
from the following rulings of the Regional Trial
j. Recognizing and/or enforcing a foreign
Court:
arbitral award;
k. Refusing recognition and/or
a. A prima facie determination upholding enforcement of a foreign arbitral award;
the existence, validity or enforceability l. Granting or dismissing a petition to
of an arbitration agreement pursuant to enforce a deposited mediated
Rule 3.1 (A); settlement agreement; and
b. An order referring the dispute to m. Reversing the ruling of the arbitral
arbitration; tribunal upholding its jurisdiction.
c. An order appointing an arbitrator;
d. Any ruling on the challenge to the
The appeal shall be filed within 15 days from
appointment of an arbitrator;
notice of the decision of the RTC or the
e. Any order resolving the issue of the
termination of the mandate of an denial of the petitioner’s motion for
arbitrator; and reconsideration, by filing a verified petition
f. An order granting assistance in taking for review.
evidence. The CA may give due course to the petition if
it finds prima facie that the RTC has
The motion shall be in writing, filed with the committed an error that would warrant the
court and served upon the other party/ies who reversal of the judgment.
shall have a non-extendible period of 15 days
from receipt thereof within which to file an Thereafter, the CA may direct the transmittal
opposition or comment. of records, set the case for oral arguments,
require submission of memoranda, and
A motion for reconsideration shall be resolved
render judgment.
within thirty (30) days from receipt of the
opposition or comment or upon the expiration of
Rule 19 of the Rule 42 of the 1997
the period to file such opposition or comment. Special ADR Rules Rules of Civil
Second motion for reconsideration are Procedure
prohibited. Filing of the appeal Filing of the appeal
under this rule shall under this rule shall
not stay the award, stays the judgment or
judgment, final final order appealed Limited to grave Can cover any and all
order or resolution from except in certain abuse of discretion kinds of grave abuse of
sought to be instances. enumerated above. discretion committed
reviewed unless by a tribunal, board or
the CA directs officer exercising
otherwise. judicial or quasi-
Party appealing the This is not true for a judicial functions.
decision shall Rule 42 petition. Must be filed within Can be filed within 60
required to post a 15 days from notice days from notice of
bond in favor of the of the judgment. judgment.
prevailing party The arbitral The tribunal that
equal to the tribunal shall be issued the assailed
amount of the named as a party judgment shall be
award. Otherwise, although it is named as a “public
the petition may be merely a nominal respondent”
dismissed. party.
The filing of a petition does not stay the
proceedings of the lower court or arbitral
3. Special Civil Action for Certiorari (Rules tribunal.
19.26 to 19.35) – akin to a “petition for Speaks only of Allows the institution
certiorari” under Rule 65 of the 1997 Rules petitions to the CA of petitions for
of Civil Procedure which is based on the from orders, certiorari from orders
ground that RTC has acted without or in decisions or or judgments of any
excess of its jurisdiction, or with grave abuse judgments of the inferior court.
of discretion amounting to lack or excess of RTC.
jurisdiction, and there is no appeal or any
plain, speedy and adequate remedy under 4. Appeal by Certiorari to the Supreme Court
the ordinary course of law. (Rules 19.36 to 19.42) – akin to a “petition
for review on certiorari” under Rule 45 of the
A special civil action for certiorari may be filed 1997 Rules of Civil Procedure which is
against the following orders of the RTC: grounded on pure questions of law.

a. Holding that the arbitration agreement a. Failed to apply the applicable standard
is inexistent, invalid or unenforceable; or test for judicial review prescribed in
b. Reversing the arbitral tribunal’s these Special ADR Rules in arriving at its
preliminary determination upholding its decision resulting in substantial
jurisdiction; prejudice to the aggrieved party;
c. Denying the request to refer the dispute b. Erred in upholding a final order or
to arbitration; decision despite the lack of jurisdiction
d. Granting or refusing an interim relief; of the court that rendered such final
e. Denying a petition for the appointment order or decision;
of an arbitrator; c. Failed to apply any provision, principle,
f. Confirming, vacating or correcting a policy or rule contained in these Special
domestic arbitral award; ADR Rules resulting in substantial
g. Suspending the proceedings to set aside prejudice to the aggrieved party; and
an international commercial arbitral d. Committed an error so egregious and
award and referring the case back to the harmful to a party as to amount to an
arbitral tribunal; undeniable excess of jurisdiction.
h. Allowing a party to enforce an
international commercial arbitral award It is not a matter of right and may be granted
pending appeal;
only for serious and compelling reasons
i. Adjourning or deferring a ruling on
resulting in grave prejudice to the aggrieved
whether to set aside, recognize and or
enforce an international commercial party.
arbitral award;
j. Allowing a party to enforce a foreign The petition shall be filed with the SC within
arbitral award pending appeal; and 15 days from notice of the CA’s judgment or
k. Denying a petition for assistance in final order or resolution appealed from, or
taking evidence. from the denial of the petitioner’s motion
for new trial or reconsideration, without
Rule 19 of the Rule 65 of the 1997 prejudice to a motion for the extension
Special ADR Rules Rules of Civil thereof for a period of 30 days for justifiable
Procedure reasons.
Rule 19 of the Rule 45 of the
Special ADR Rules 1997 Rules of Civil
Procedure
The SC may motu propio deny the petition
on the ground that it is without merit, or
is prosecuted manifestly for delay, or that
the questions raised therein are too
insubstantial to require consideration.
It is silent on the Allowed under Rule
availability of a 45.
petition for review
on pure questions
of law direct from
the RTC to the SC.