Court-Annexed Mediation - Any mediation process
conducted under the auspices of the court, after such court
has acquired jurisdiction of the dispute.
Mediation – “A voluntary process in which a mediator
selected by the parties, facilitates communication and
negotiation and assists the parties in reaching a voluntary
agreement regarding a dispute.”
Court-Referred Mediation –“Mediation ordered by a
court to be conducted in accordance with the Agreement of
the Parties when an action is prematurely commenced in
violation of such agreement.
Concept of Court Diversion of Pending Cases The
diversion of pending court cases both to Court-Annexed
Mediation (CAM) and to Judicial Dispute Resolution
(JDR) is plainly intended to put an end to pending
litigation through a compromise agreement of the parties
and thereby help solve the ever-pressing problem of court
dockets congestion.
The Three Stages of Diversion
The first stage is the Court-Annexed Mediation (CAM)
where the judge refers the parties to the Philippine
Mediation Center (PMC) for the mediation of their dispute
by trained and accredited mediators.
Upon failing to secure a settlement of the dispute during
the first stage, a second stage (the JDR stage) sets in for
another attempt to be made for a settlement. At this stage,
the JDR judge sequentially becomes a mediator-
conciliator-early neutral evaluator in a continuing effort to
secure a settlement. Still failing that second attempt, the
mediator-judge must turn over the case to another judge (a
new one chosen by raffle or nearest/pair judge) who will
try the unsettled case. The trial judge shall continue with
the pre-trial proper and, thereafter, proceed to try and
decide the case. The third stage is during the appeal
where covered cases are referred to the PMC-ACM unit
for mediation.
Mandatory Coverage for CAM and JDR
The following cases shall be: 1) referred to Court-Annexed
Mediation (CAM) and 2) be the subject of JDR
proceedings: (1) All civil cases and the civil liability of
criminal cases covered by the Rule on Summary
Procedure, including the civil liability of crimes charging
violation of B.P. 22, except those which by law may not be
compromised;H-15 (2) Special proceedings for the
settlement of estates; (3) All civil and criminal cases filed
with a certificate to file action issued by the Punong
Barangay or the PangkatngTagapagkasundo under the
Revised Katarungang Pambarangay Law; (4) The civil
aspect of Quasi Offenses under Title 14 of the Revised
Penal Code; (5) The civil aspect of less grave felonies
punishable by correctional penalties not exceeding 6 years
of imprisonment where the offended party is a private
person; (6) The civil aspect of estafa, theft, and libel;
The following cases shall not be referred to CAM and
JDR: (1) Civil cases which by law cannot be
compromised (Article 2035, New Civil Code); (2) Other
criminal cases than those under paragraphs 3 to 6 above;
(3) Habeas Corpus petitions; (4) All cases under Rep. Act
No. 9262 (Violence against Women and Children); and (5)
Cases with pending application for Restraining
Orders/Preliminary Injunctions.
However, in cases covered under 1, 4 and 5 where the
parties inform the court that they have agreed to undergo
mediation on some aspects thereof, e.g., custody of minor
children, separation of property, or support pendente lite,
the court shall refer them to mediation.
If no agreement is reached, the Mediation Staff Officer in
the PMC Unit shall recommend three (3) mediators from
whom said officer shall choose by lot the one who will
mediate the dispute.
The Mediator shall not record in any manner the
proceedings of the joint conferences or of the separate
caucuses. No transcript or minutes of mediation
proceedings shall be taken. If personal notes are taken for
guidance, the notes shall be shredded and destroyed.
Should such record exists, they shall not be admissible as
evidence in any other proceeding.
If no settlement has been reached at the end of the period
given, the case must be returned to the referring judge
(or in appropriate cases the JDR judge) for further
proceedings.
Sanctions The court, upon recommendation of the
Mediator, may impose sanctions upon a party who fails to
appear before the Philippine Mediation Center (PMC) Unit
as directed by the referring judge (or in appropriate cases
the JDR judge), or upon any person who engages in
abusive conduct during mediation proceedings, may
impose the appropriate sanctions provided for in the Rules
of Court. Sanctions may also be imposed by the referring
judge upon his own initiative or upon motion of the
interested party.
Upon justifiable cause duly proved in the hearing called on
the motion to reconsider filed by the absent party,
concurred in by the concerned mediator, the sanctions
imposed may be lifted or set aside in the sound discretion
of the referring judge.
Duration of Mediation in the PMC The Mediator shall
have a period of not exceeding thirty (30) days to complete
the mediation process. Such period shall be computed
from the date when the parties first appeared for the initial
conference as stated in the order to appear. An extended
period of another thirty (30) days may be granted by the
court upon motion filed by the Mediator with the
conformity of the parties.
Suspension of periods The period during which the case
is undergoing mediation shall be excluded from the regular
and mandatory periods for trial and rendition of judgment
in ordinary cases and in cases under summary proceedings.
Settlement If full settlement is reached of the dispute, the
parties, assisted by their respective counsel, shall draft the
compromise agreement which shall be submitted to the
court for judgment upon compromise or other appropriate
action. Where compliance is forthwith made, the parties
shall instead submit a satisfaction of claims or a mutual
withdrawal of the case. In this situation, the court shall
enter an order dismissing the case.
If partial settlement is reached, the parties shall, with the
assistance of counsel, submit the terms thereof for the
appropriate action of the court without waiting for
resolution of the unsettled part. In relation to the unsettled
part of the dispute, the court shall proceed to conduct
JDR proceedings in accordance with PART THREE
hereof where JDR is available.
JDR is conducted by a judge after parties fail to settle
during CourtAnnexed Mediation (CAM). JDR proceedings
are conducted in thirty (30) days for first level courts
(Municipal Trial Court, Municipal Circuit Trial Courts,
Municipal Trial Courts in Cities, Metropolitan Trial
Courts) and sixty (60) days for second level courts
(Regional Trial Courts)49 subject to extension at the
discretion of the JDR judge if settlement appears highly
feasible.
The JDR judge becomes a mediator, early neutral
evaluator and conciliator. In fact, the JDR judge could be
one or a combination of some or all of said roles when
conducting JDR. As a conciliator, the JDR judge persuades
parties to reconsider their reluctance to compromise. As an
early neutral evaluator, the JDR judge gives a confidential,
reasoned oral evaluation but nonbinding opinion on the
strengths and weaknesses of each party’s case and their
chances of success.
As conciliator, early neutral evaluator, and/or mediator, the
JDR judge receives information in absolute confidence
that could affect neutrality. Bias may be created that could
affect the impartiality of the judge in the trial of the case.
Moreover, parties will be more spontaneous once they are
assured that the JDR judge will not be the trial judge.
Thus, in sites where JDR is in place, there is a two-judge
system – the JDR judge and the trial judge.
Procedure Judicial proceedings shall be divided into two
stages - (1) from the filing of a complaint, to the conduct
of CAM and JDR during the pre-trial stage, and (2) pre-
trial proper to trial and judgment. The judge to whom the
case has been originally raffled, who shall be called the
JDR Judge, shall preside over the first stage. The judge,
who shall be called the trial judge, shall preside over the
second stage.
All incidents or motions filed during the first stage shall be
dealt with by the JDR judge. If JDR is not conducted
because of the failure of parties to appear, the JDR judge
may impose the appropriate sanctions and shall continue
with the proceedings of the case.
The JDR Judge shall not preside over the trial of the
case54 when parties did not settle their dispute at JDR.
Courts 1. Multiple Sala Court - If the case is not
resolved during JDR, it shall be raffled to another branch
for the pre trial proper56 up to judgment.57 For cases with
pending applications for restraining orders/preliminary
injunctions, the judge to whom the case was raffled shall
rule on the said applications. During the pre-trial stage, the
judge refers the case to CAM but if the parties do not settle
at CAM, the case will be raffled to another branch for
JDR. If the parties do not settle at JDR, the case will be
returned to the branch that ruled on the applications for the
pre-trial proper and up to judgment.
2. Single Sala Court. –Unless otherwise agreed upon as
provided below, the JDR proceedings will be conducted by
the judge of the pair court, if any, otherwise, by the judge
of the nearest court as determined by the concerned
Executive Judge. The JDR proceedings shall be conducted
at the station where the case was originally filed. The
result of the JDR proceedings shall be referred to the court
of origin for appropriate action e.g. approval of the
compromise agreement, trial, etc.
3. Family Courts – Unless otherwise agreed upon as
provided below, the JDR proceedings in areas where only
one court is designated as a family court, shall be
conducted by a judge of another branch through raffle.
However, if there is another family court in the same area,
the family court to whom the case was originally raffled
shall conduct JDR proceedings and if no settlement is
reached, the other family court shall conduct the pre-trial
proper and trial. Notwithstanding the foregoing, the parties
may file, by joint written motion, a request before
commencement of the JDR proceedings that the family
court to whom the case was originally raffled, shall
conduct the JDR proceedings and trial.
4. Commercial, Intellectual Property and
Environmental Courts - Unless otherwise agreed upon as
provided below, the JDR proceedings in areas where only
one court is designatedcommercial/intellectual
property/environmental, hereafter the special courts, shall
be conducted by another judge through raffle and not the
judge of the special courts. Where settlement is not
reached, the judge of the special courts shall be the trial
judge. Any incident or motion filed before the pre-trial
stage shall be dealt with by the special courts that shall
refer the case to CAM.
JDR During Trial Cases may be referred to JDR even
during the trial stage upon written motion of one or both
parties indicating willingness to discuss a possible
compromise.
If the motion is granted the trial shall be suspended and the
case referred to JDR which shall be conducted by another
judge through raffle in multiple sala courts. If settlement is
reached during JDR, the JDR court shall take appropriate
action thereto i.e. approval/disapproval of the compromise
agreement. If settlement is not reached at JDR, the case is
returned to the referring court for continuation of trial.
In single sala courts, the JDR shall be conducted by the
nearest court (or pair court, if any) regardless of the level
of the latter court. The result of the JDR proceedings shall
be referred to the court of origin for appropriate action e.g.
approval of the compromise agreement, trial, etc.
Sanctions A party who fails to appear on the date set for
JDR conference, may forthwith be imposed the appropriate
sanctions as provided in Rule 18 of the Revised Rules of
Court and relevant issuances of the Supreme Court
including. Sanctions may be imposed by the JDR Judge
upon motion of the appearing party or motu proprio. Upon
justifiable cause duly proved in the hearing of the motion
to reconsider filed by the absent party, the sanctions
imposed may be lifted, set aside or modified in the sound
discretion of the JDR judge.
Duration of JDR proceedings To complete the judicial
dispute resolution process, judges of First Level Courts
shall have a period of not exceeding thirty (30) days while
judges of Second Level Courts shall have a period of not
exceeding sixty (60) days.
In criminal cases covered by CAM & JDR, where
settlement on the civil aspect has been reached but the
period of payment in accordance with the terms of
settlement exceeds one (1) year, the case may be archived
upon motion of the prosecution with notice to the private
complainant and approval by the judge.
Suspension of periods The period during which the case
is undergoing JDR proceedings shall be excluded from the
regular and mandatory periods for trial and rendition of
judgment in ordinary cases and in cases under summary
proceedings.
Settlement A. Civil Cases Where full compliance with the
terms of the compromise is forthwith made, the parties,
instead of submitting a compromise agreement, shall
submit a satisfaction of claims or a mutual withdrawal of
the parties’ respective claims and counterclaims.
If partial settlement is reached, the parties shall, with the
assistance of counsel, submit the terms thereof for the
court’s approval and rendition of a judgment upon partial
compromise which may be enforced by execution without
waiting for resolution of the unsettled part. In relation to
the unsettled part of the dispute, the court shall proceed
to conduct trial on the merits of the case should the parties
file a joint motion for him to do so, despite confidential
information that may have been divulged during the
conciliation/mediation stage of the proceedings.
Criminal Cases Action on the criminal aspect of the case
will be determined by the Public Prosecutor subject to the
appropriate action of the court. If settlement is not
reached by the parties on the civil aspect of the criminal
case, the JDR judge shall proceed to conduct the trial on
the merits of the case should the parties file a joint written
motion for him to do so, despite confidential information
that may have been divulged during the JDR proceedings.
Otherwise, the JDR Judge shall turn over the case to a new
judge by re-raffle in multiple sala courts or to the
originating court in single sala courts, for the conduct of
pre-trial proper and trial.
Pre-trial Proper Where no settlement or only a partial
settlement was reached, and there being no joint written
motion submitted by the parties as stated in the last
preceding paragraphs, the JDR judge shall turn over the
case to the trial judge, determined by re-raffle in multiple
sala courts or to the originating court in single sala courts,
as the case may be, to conduct pretrial proper.
Trial and Judgment The trial judge to whom the case was
turned over, shall expeditiously proceed to trial following
pre-trial and thereafter render judgment in accordance with
the established facts determined by the judge and the
applicable laws.
SPECIAL ADR RULES OF COURT
Nature All proceedings under the Special ADR Rules are
special proceedings.
a. Subject Matter The Special ADR Rules shall apply to
and govern the following cases: a. Relief on the issue of
existence, validity, or enforceability of the arbitration
agreement; b. Referral to ADR; c. Interim measures of
protection; d. Appointment of arbitrator; e. Challenge to
appointment of arbitrator; f. Termination of mandate of
arbitrator; g. Assistance in taking evidence; h.
Confirmation, correction, or vacation of award in domestic
arbitration; i. Recognition and enforcement or setting aside
of an award in international commercial arbitration; j.
Recognition and enforcement of a foreign arbitral award;
k. confidentiality/ protective orders; and l. Deposit and
enforcement of mediated settlement agreements. [Sec. 1,
Rule 1]
b. Summary Proceedings in Certain Cases The
proceedings in the following instances are summary in
nature: a. Judicial relief involving the issue of existence,
validity, or enforceability of the arbitration agreement; b.
Referral to ADR; c. Interim measures for protection; d.
Appointment of arbitrator; e. Challenge to appointment of
arbitrator; f. Termination of mandate of arbitrator; g.
Assistance in taking evidence; h. Confidentiality/
protective orders; and i. Deposit and enforcement of
mediated settlement agreements. [Sec. 3, Rule 1]
Service and filing of petition The petitioner shall serve a
copy of the petition on the respondent before the filing
thereof: a. By personal service b. By courier
Note: If service is refused or has failed, the affidavit or
delivery receipt must state the circumstances of the
attempted service and refusal or failure thereof. [Sec. 3(A),
Rule 1]
Notice General Rule: If the court finds the petition
sufficient in form and substance, it shall send notice to the
parties containing: a. A directive to appear at a particular
time and date for hearing - Hearing shall be set no later
than 5 days from the lapse of the period for filing the
opposition or comment. b. A statement allowing him to
file a comment or opposition to the petition within 15 days
from receipt of notice Exception: Cases involving referral
to ADR or confidentiality/protection orders. Such motion
shall be set for hearing by the movant and contain a notice
of hearing that complied with the requirements under Rule
15 of the ROC motions. [Sec. 3(B), Rule 1]
Summary hearing In all cases, as far as practicable, the
summary hearing: a. Shall be conducted in 1 day, and b.
Only for the purposes of clarifying facts.
Note: Except in cases involving referral to ADR or
Confidentiality/protective orders, it shall be the court that
sets the hearing within 5 days from the lapse of the period
for filing opposition or comment. [Sec. 3(C), Rule 1]
Resolution The court shall resolve the matter within 30
days from the day of the hearing. [Sec. 3(D), Rule 1
Comment/Opposition The comment/opposition of the
respondent must be filed within 15 days from service of
the petition. [Sec. 7, Rule 3] Court action The court must
exercise judicial restraint and defer to the competence or
jurisdiction of the arbitral tribunal to rule on its
incompetence or jurisdiction. [Sec. 8, Rule 3] Relief
against court action A prima facie determination by the
court upholding the existence, validity, or enforceability of
an arbitration agreement shall not be subject to a motion
for reconsideration, appeal, or certiorari.

JUDICIAL RELIEF AFTER ARBITRATION
COMMENCES Who may file Any party to arbitration
may petition the appropriate court for judicial relief from
the ruling of the arbitral tribunal on a preliminary question
upholding or declining its jurisdiction.
When filed The petition may be filed within 30 days after
having received notice of that ruling by the arbitral
tribunal. [Sec. 13, Rule 3] Where filed The petition may
be filed before the RTC of the place where arbitration is
taking place, or where any of the petitioners or respondents
has his principal place of business or residence. [Sec. 14,
Rule 3] Grounds The petition may be granted when the
court finds that the arbitration agreement is: a. Invalid, b.
Inexistent, or c. unenforceable As a result of which, the
arbitral tribunal has no jurisdiction to resolve the dispute.
[Sec. 15, Rule 3]
When petition not allowed Where the arbitral tribunal
defers its ruling on preliminary questions regarding its
jurisdiction until its final award, the aggrieved party
cannot seek judicial relief. He must await the final arbitral
award before seeking judicial recourse. [Sec. 20, Rule 3]
Arbitral tribunal The arbitral tribunal is only a nominal
party and the court shall not require the tribunal to submit
any pleadings or written submissions.
Relief against court action The aggrieved party may file
a MR of the order of the court. The decision of the court
shall not be subject to appeal. [Sec. 19, Rule 3] The ruling
of the court affirming the arbitral tribunal’s jurisdiction
shall not be subject to a petition for certiorari. But if the
court rules that the arbitral tribunal has no jurisdiction,
such ruling may be the subject of a petition for certiorari.
[Sec. 19, Rule 3]
Interim Measures of Protection Who may ask for interim
measures of protection A party to an arbitration agreement
may petition the court for interim measures of protection.
[Sec. 1, Rule 5] When to petition A petition for an interim
measure of protection may 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 any time
during arbitral proceedings. - During this time, the interim
measure of protection shall only be to the extent that the
arbitral tribunal has no power to act or is unable to act
effectively. [Sec. 2, Rule 5] Where to file A petition for
an interim measure of protection may be filed with the
RTC, which has jurisdiction over any of the following
places: a. Where the principal place of business of any of
the parties to the arbitration is located; b. Where any of the
parties who are individuals resides; c. Where any of the
acts sought to be enjoined are being performed, threatened
to be performed, or not being performed; or d. Where the
real property subject of arbitration, or a portion thereof is
situated. [Sec. 3, Rule 5]
Grounds The following grounds, indicate the nature of the
reasons that the court shall consider in granting the relief:
a. The need to prevent irreparable loss or injury; b. The
need to provide security for the performance of any
obligation; c. The need to produce or preserve evidence; d.
The need to compel any other appropriate act or omission.
Note: The grounds enumerated shall not limit the reasons
for the court to grant an interim measure of protection.
[Sec. 4, Rule 5]
Interim measures that may be granted The following,
among others, are the interim measures of protection that a
court may grant: a. Preliminary injunction directed against
a party to arbitration; b. Preliminary attachment against
property or garnishment of funds in the custody of a bank
or 3rd person; c. Appointment of a receiver; d. Detention,
preservation, delivery, or inspection of property; or e.
Assistance in the enforcement of an interim measure of
protection granted by the arbitral tribunal, which the latter
cannot enforce effectively. [Sec. 6, Rule
Ex parte temporary order of protection Grounds a. The
petitioner alleges that there is an urgent need to ii. Prevent
the respondent from disposing or concealing the property,
or iii. Prevent the relief prayed for from becoming illusory
because of prior notice. b. The court finds that the reasons
given are meritorious. In such instances, the court shall
issue an immediately executory temporary order of
protection and require the petitioner within 5 days from
receipt to post a bond to answer for any damage that the
respondent may suffer as a result of the order.
The temporary order of protection shall be valid only
for 20 days from the service on the party required to
comply with the order. Within such period, the court shall:
a. Furnish the respondent of a copy of the petition and a
notice requiring him to comment on or before the day the
petition will be heard; and b. Notify the parties that the
petition shall be heard on a day specified in the notice,
which must not be beyond the 20 day period.
Interim measure of protection by arbitral tribunal The
interim measure of protection issued by the arbitral
tribunal shall, upon its issuance, be deemed to have ipso
jure modified, amended, revised, or revoked one
previously issued by the court to the extent that it is
inconsistent with the one issued by the tribunal. [Sec. 13,
Rule 5] The court may not change the security ordered by
the arbitral tribunal. [Sec. 12, Rule 5] The court shall assist
in the enforcement of an interim measure of protection
issued by the arbitral tribunal. [Sec. 16, Rule 5]
Special Civil Action for Certiorari When available A
party may file a special civil action for certiorari to annul
or set aside a ruling to the RTC when: a. The RTC makes a
ruling under the Special ADR Rules, b. Acted without or
in excess of its jurisdiction, or with grave abuse of
discretion amounting to lack or excess of jurisdiction, and
c. There is no appeal or any plain, speedy, and adequate
remedy in the ordinary course of law.
Arbitration to continue A petition for certiorari shall not
prevent the arbitral tribunal from continuing the
proceedings and rendering its award. Should the arbitral
tribunal continue with the proceedings the arbitral
proceedings and any award rendered therein will be
subject to the final outcome of the pending petition for
certiorari. [Sec. 32, Rule 19]
The CA shall not, during the pendency of the
proceedings before it, prohibit or enjoin: a. The
commencement of the arbitration, b. The constitution of
the arbitral tribunal, or c. The continuation of the
arbitration. [Sec. 33, Rule 19]