This document discusses alternative dispute resolution (ADR) in the Philippines. It outlines the historical development of ADR through legislation like the Civil Code and Arbitration Law, and adherence to international conventions. It describes how the judiciary, legislature, and executive branch have promoted ADR through various laws, agencies, and administrative issuances. These include mandating ADR processes in labor disputes, local government conflicts, and construction industry cases. The document also discusses the role of lawyers in assisting clients with ADR and the sources of ADR in domestic laws, executive acts, court decisions, and international agreements.
This document discusses alternative dispute resolution (ADR) in the Philippines. It outlines the historical development of ADR through legislation like the Civil Code and Arbitration Law, and adherence to international conventions. It describes how the judiciary, legislature, and executive branch have promoted ADR through various laws, agencies, and administrative issuances. These include mandating ADR processes in labor disputes, local government conflicts, and construction industry cases. The document also discusses the role of lawyers in assisting clients with ADR and the sources of ADR in domestic laws, executive acts, court decisions, and international agreements.
This document discusses alternative dispute resolution (ADR) in the Philippines. It outlines the historical development of ADR through legislation like the Civil Code and Arbitration Law, and adherence to international conventions. It describes how the judiciary, legislature, and executive branch have promoted ADR through various laws, agencies, and administrative issuances. These include mandating ADR processes in labor disputes, local government conflicts, and construction industry cases. The document also discusses the role of lawyers in assisting clients with ADR and the sources of ADR in domestic laws, executive acts, court decisions, and international agreements.
Historical Note By such act, the Philippines committed to
adhere to the Model Law Judicial and legislative trends on dispute resolution consistently lean towards the utilization of alternative means and methods Judiciary’s Action implemented outside the court trial system. Response to the problems of delay in delivery The Civil Code of the Philippines (R.A. 386) of justice: § Requirement of conducting pre-trial Took effect on August 30, 1950 conference § Utilization of different modes of Contains provisions on compromises and discovery arbitration (Chapters 1 and 2, Title XIV, Book § The strict proscription against forum- IV) which encourage litigants to agree a fair shopping compromise and authorize arbitration as a § Abbreviation proceedings for small means of concluding controversies claims cases § Use of judicial affidavits The Arbitration Law (R.A. 876) § Requirement for continuous trial Supplemented the provisions if the New Civil Code on arbitration. § Passage of administrative issuances encouraging the use of alternative Resolution No. 71 dispute resolution through: Adhering to United Nations “Convention on the Recognition and Enforcement of Foreign - Philippine Mediation Center; or Arbitral Awards” of June 10, 1958 - Judicial Dispute Resolution
This gave reciprocal recognition and allowed the enforcement of international arbitration Legislative Action agreements between the parties of different nationalities within a contracting state Special domestic legislations have been passed prescribing arbitration, mediation, Philippine law has acknowledged conciliation international arbitration as a system of setting commercial disputes Labor Code of the Philippines (P.D. No. 442) Mandated the creation and constitution of United Nations Commission on National Labor Relations Commission (NLRC) International Trade Law (UNCITRAL) The Philippines was a signatory to this Which together with its Arbitration Branch UNCITRAL New York Convention of June 21, has been dispensing arbitration service in 1958 cases involving: § Unfair labor practice (ULP) This adopted the Model Law on International § Termination of Employment Commercial Arbitration § Conditions of Employment
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§ Damages arising from er-ee processes even in disputes between national
relationship government agencies § Other labor-related dispute The Lawyer’s Role Local Government Code of 1991 (R.A. 7160) Duties: Requires conciliation, mediation, or § Have to assist the courts encouraging arbitration in the barangay level before the the parties to avail the alternative Pangkat ng Tagapagkasundo before resort means of dispute resolution to court can be had § Lawyers have to explain the benefits of ADR system to their clients The principle of ADR in the barangay level had § Provider or practitioner its roots in P.D. 1508 (Establishing a System § Could be appointed as an: Amicably Settling Disputes at the Barangay Arbitrator Level) whose provisions were re-enacted as Mediator part of the Local Government Code of 1991 Conciliator Neutral Evaluator Executive Branch’s Contribution § Lawyers are expected to exert genuine The executive branch also contributed and sincere efforts at bringing the immensely in the propagation of ADR parties to a settlement within the scope of their authority Construction Industry Arbitration § They have to perform their functions Commission (CIAC) in good faith (to secure the parties a Created under E.O. No. 1008 (Construction speedy, inexpensive, and amicable Industry Arbitration Law) dated February 4, settlement of their disputes and 1985 controversies)
It is at the forefront in the arbitration of Sources of ADR disputes arising form or connected with construction agreements 1. Domestic laws and rules (general or special) CIAC, in the exercise of its powers, approved and promulgated on August 23, 1998, the Ex. General – those applicable to all “Rules of Procedure Governing Construction forms of ADR Arbitration” § Article III, Section 26 of 1987 Rules on Alternative Dispute Resolution Constitution (ADR) for “Disputes Between National § Chapters 1 and 2, Title XIV, Government Agencies” Book IV, Civil Code Amicable settlement of disputes through ADR § Arbitration Law methods in lieu of adversarial judicial § ADR Act of 2004 and its IRR
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Special – those that pertain to specific
subject matters
§ Local Government Code of 1991 and its IRR § Labor Code and its IRR
2. Acts of Executive Branch Ex. CIAC
3. Supreme Court Decisions 4. International Laws 5. General principles of law and equity
Notes:
First Basis of ADR:
Barangay Law
GR: Only parties who reside in the same barangay and of the same municipality
XPN: Parties are from different barangays of different municipalities (when adjoin to each other)