JOEL T ELUNA

ADR Midterm Examination

I.
1. Discuss the importance of ADR vis-à -vis our judicial setting.
Answer:
ADR is plays a very important rule in our judicial setting because it gives
parties in disputes the opportunity to work through disputed issues with the
help of a neutral third party and settle it in a less hassle way. ADR is generally
faster and less expensive than going to court which also lessen the file up of
cases in courts.

2. Give 10 cases that cannot be governed by the rules of ADR.

Answer:
Cases involves in
o Civil Status of persons
o Validity of Marriage
o legal separation
o Futures support
o Future legitime or Adoption
o Anti-trust suits
o Precedent-setting cases that involve punitive damages
o Actions of equitable relief
o nuisance
o Constitutional law issues

3. Give at least 3 types of arbitration proceeding in the Philippines and explain

each briefly.
Answer:

Labor Arbitration – these types of arbitration proceedings is used for

the implementation of the collective bargaining agreement (CBA) or the
enforcement of company personnel policies. These proceeding used to settle
employment-related disputes through an independent party instead of in
court.
Consumer Arbitration –RA 7394 provides for the creation of a
consumer arbitration program to handle consumer complaints which have
the sole jurisdiction to handle or mediate, conciliate hear and adjudicate all
consumer complaints.

Matrimonial Mediation – are used to resolve the issue of the husband

and wife so that they can end their marriage amicably and cost effective as
 possible. It gives both parties a way to settle the conflict between them in a
way that helps them to work together as parents.

4. Differentiate Position-based negotiations from interest-based negotiations.

Answer:

Position-based negotiations – is a strategy that involves holding on to

a fixed idea, or position, of what you want and arguing for it and it alone,
regardless of any underlying interests.

Interest-based negotiations – is a strategy in which parties collaborate

to find a "win-win" solution to their dispute. This strategy focuses on
developing mutually beneficial agreements based on the interests of the both
parties.

II. Essay

1. Explain the factors that make the system of arbitration and negotiation
difficult in the Philippine setting. (10 pts.)
Answer:
Lack of credibility in the judicial system- This is due to allegations of
corruption and an inadequate number of courts, leading to notoriously slow
proceedings, which take many years to reach completion.
The final decision of an arbitrator is difficult to overturn even if erroneous
with respect to the merits – means that even if the decision of the arbitrator
is erroneous, the aggrieve party has no way to counter the arbitrator
decision. Pieces of evidences which are, under the Rules of Court, that are
obviously inadmissible, can be admitted and considered by the arbitral
tribunal. The weight placed on evidence by the tribunal may not be very clear
to the parties and third party joinder is limited or may even be prohibited.

2. Discuss the advantages of resorting to ADR with respect to Party autonomy,

speed and cost as well as privacy of the case concerned. (10 pts.)
Answer:

ADR processes have a number of advantages. They are flexible, cost-

efficient, time-effective, and give the parties more control over the process
and the results. Lengthy, costly litigation can be avoided, divisiveness
minimized, and productive results achieved.

Party autonomy provides greater control to parties with respect to

process of settlement thus; disputes can be resolved more efficiently and
with greater satisfaction to all parties. Parties who resolve their disputes
through ADR are generally more satisfied because they may directly
participate in working out the terms of their settlement.
 If the case in hand is resolved at the outset (before costs build up) by
means of an inexpensive ADR mechanism such as negotiation, parties of the
dispute reached a resolution without spending lots of money and time.
Efficiency of ADR mechanisms with respect to cost and time affords an
opportunity for lower income party to access justice. Thus it is advantageous
to both party with minimal income to participate and the file up of the case in
court can be avoided.
ADR can remain confidential unlike the court system where
everything is on the public record. This can be particularly useful, for
example, for disputes over intellectual property which may demand
confidentiality.

3. X, a resident of Barangay Batinguel filed a complaint before the Lupon

Tagapamayapa of the said Baranagay regarding a property dispute. The latter
alleged that Y, his immediate neighbor encroached his property by 2 square
meters. Y contended on the other hand that X is only trying to retaliate
because he terminated his employment as a laborer of his construction
business. Y further contended that the Lupon has no jurisdiction over the
case since the case sprung out of a Labor dispute. Decide. (10 pts.)

Answer:
Yes, Y is correct in contending that Lupon has no jurisdiction over the case. Is
this instant case, their dispute my start when Y terminated X or a land
dispute may arise by the allegation of X to Y have encroaching his property
by 2 square meters, the Lupon has no jurisdiction over the cases involving
labor dispute and land dispute thus; Y contention is correct.

4. Jorge and Henry filed a complaint against Joyce with the Municipal Trial
Court for collection of a sum of money amounting only to P10,000. Joyce
argued that the Court has no jurisdiction over the case since no prior
proceeding was made before the Lupon Tagapamayapa. The former argued
that Joyce never attended any of the hearings when summoned by the
barangay, thus prompting them to directly seek remedy before the regular
courts. Decide the case. (10 pts.)

Answer:
Jorge and Henry’s action is valid. In this case, Joyce was summoned many
times by the barangay to attend a proceedings but failed to show up herself
thus prompting the aggrieve party to seek remedy to the higher court. Failure
of Joyce to attend a hearing at the barangay level means that she is not
interested in amicable settlement thus the action of Jorge and Henry is
reasonable.

5. Michelle filed a complaint against Gigi for verbal abuse and destruction of
personal property before the Grievance committee of the school. The
committee after investigation rendered a decision suspending Gigi for the
commission of the acts complained of. Gigi elevated the matter to the court
questioning the validity of the decision and its binding effect. She further
argued that the committee concern is not clothed with judicial authority to
render valid judgment depriving a person her right to property. Decide the
case. (10 pts.)

Answer:
Yes, Gigi is correct in elevating this matter to the court. The offense
committed by Gigi against Michelle is an offense that does not fall under the
jurisdiction of the school grievance committee thus, his action is reasonable
against the decision done by the school grievance committee.