Republic of the Philippines Courts, and the Shari' a Circuit Courts but shall not apply to small

SUPREME COURT claims cases under A.M. 08-8-7-SC;

Manila
(2) The Regional Trial Courts and the Shari'a District Courts;
A.M. No. 12-8-8-SC
JUDICIAL AFFIDAVIT RULE
(3) The Sandiganbayan, the Court of Tax Appeals, the Court of
Appeals, and the Shari'a Appellate Courts;
Whereas, case congestion and delays plague most courts in cities, given the huge
volume of cases filed each year and the slow and cumbersome adversarial syste1n
(4) The investigating officers and bodies authorized by the
that the judiciary has in place;
Supreme Court to receive evidence, including the Integrated Bar
of the Philippine (IBP); and
Whereas, about 40% of criminal cases are dismissed annually owing to the fact that
complainants simply give up con1ing to court after repeated postponements;
(5) The special courts and quasi-judicial bodies, whose rules of
procedure are subject to disapproval of the Supreme Court,
Whereas, few foreign businessmen make long-term investments in the Philippines insofar as their existing rules of procedure contravene the
because its courts are unable to provide ample and speedy protection to their provisions of this Rule.1
investments, keeping its people poor;
(b) For the purpose of brevity, the above courts, quasi-judicial bodies, or
Whereas, in order to reduce the time needed for completing the testimonies of investigating officers shall be uniformly referred to here as the "court."
witnesses in cases under litigation, on February 21, 2012 the Supreme Court
approved for piloting by trial courts in Quezon City the compulsory use of judicial
Section 2. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies. -
affidavits in place of the direct testimonies of witnesses;
(a) The parties shall file with the court and serve on the adverse party, personally or
by licensed courier service, not later than five days before pre-trial or preliminary
Whereas, it is reported that such piloting has quickly resulted in reducing by about conference or the scheduled hearing with respect to motions and incidents, the
two-thirds the time used for presenting the testimonies of witnesses, thus speeding up following:
the hearing and adjudication of cases;
(1) The judicial affidavits of their witnesses, which shall take the
Whereas, the Supreme Court Committee on the Revision of the Rules of Court, place of such witnesses' direct testimonies; and
headed by Senior Associate Justice Antonio T. Carpio, and the Sub-Committee on the
Revision of the Rules on Civil Procedure, headed by Associate Justice Roberto A.
(2) The parties' docun1entary or object evidence, if any, which
Abad, have recommended for adoption a Judicial Affidavit Rule that will replicate
shall be attached to the judicial affidavits and marked as Exhibits
nationwide the success of the Quezon City experience in the use of judicial affidavits;
A, B, C, and so on in the case of the complainant or the plaintiff,
and
and as Exhibits 1, 2, 3, and so on in the case of the respondent or
the defendant.
Whereas, the Supreme Court En Banc finds merit in the recommendation;
(b) Should a party or a witness desire to keep the original document or
NOW, THEREFORE, the Supreme Court En Banc hereby issues and promulgates the object evidence in his possession, he may, after the same has been
following: identified, marked as exhibit, and authenticated, warrant in his judicial
affidavit that the copy or reproduction attached to such affidavit is a faithful
copy or reproduction of that original. In addition, the party or witness shall
Section 1. Scope. - (a) This Rule shall apply to all actions, proceedings, and incidents
bring the original document or object evidence for comparison during the
requiring the reception of evidence before:
preliminary conference with the attached copy, reproduction, or pictures,
failing which the latter shall not be admitted.
(1) The Metropolitan Trial Courts, the Municipal Trial Courts in
Cities, the Municipal Trial Courts, the Municipal Circuit Trial
This is without prejudice to the introduction of secondary evidence in place of the
original when allowed by existing rules.
Section 3. Contents of judicial Affidavit. - A judicial affidavit shall be prepared in the
language known to the witness and, if not in English or Filipino, accompanied by a
translation in English or Filipino, and shall contain the following:
(a) The name, age, residence or business address, and occupation of the
witness;
(b) The name and address of the lawyer who conducts or supervises the
examination of the witness and the place where the examination is being
held;
(c) A statement that the witness is answering the questions asked of him,
fully conscious that he does so under oath, and that he may face criminal
liability for false testimony or perjury;
(d) Questions asked of the witness and his corresponding answers,
consecutively numbered, that:
(1) Show the circumstances under which the witness acquired the
facts upon which he testifies;
(2) Elicit from him those facts which are relevant to the issues that
the case presents; and
(3) Identify the attached documentary and object evidence and
establish their authenticity in accordance with the Rules of Court;
(e) The signature of the witness over his printed name; and
(f) A jurat with the signature of the notary public who administers the oath or
an officer who is authorized by law to administer the same.
Section 4. Sworn attestation of the lawyer. - (a) The judicial affidavit shall contain a
sworn attestation at the end, executed by the lawyer who conducted or supervised the
examination of the witness, to the effect that:
(1) He faithfully recorded or caused to be recorded the questions
he asked and the corresponding answers that the witness gave;
and
(2) Neither he nor any other person then present or assisting him
coached the witness regarding the latter's answers.
(b) A false attestation shall subject the lawyer mentioned to disciplinary
action, including disbarment.
Section 5. Subpoena. - If the government employee or official, or the requested
witness, who is neither the witness of the adverse party nor a hostile witness,
unjustifiably declines to execute a judicial affidavit or refuses without just cause to
make the relevant books, documents, or other things under his control available for
copying, authentication, and eventual production in court, the requesting party may
avail himself of the issuance of a subpoena ad testificandum or duces tecum under
Rule 21 of the Rules of Court. The rules governing the issuance of a subpoena to the
witness in this case shall be the same as when taking his deposition except that the
taking of a judicial affidavit shal1 be understood to be ex parte.
Section 6. Offer of and objections to testimony in judicial affidavit. - The party
presenting the judicial affidavit of his witness in place of direct testimony shall state the
purpose of such testimony at the start of the presentation of the witness. The adverse
party may move to disqualify the witness or to strike out his affidavit or any of the
answers found in it on ground of inadmissibility. The court shall promptly rule on the
motion and, if granted, shall cause the marking of any excluded answer by placing it in
brackets under the initials of an authorized court personnel, without prejudice to a
tender of excluded evidence under Section 40 of Rule 132 of the Rules of Court.
Section 7. Examination of the witness on his judicial affidavit. - The adverse party
shall have the right to cross-examine the witness on his judicial affidavit and on the
exhibits attached to the same. The party who presents the witness may also examine
him as on re-direct. In every case, the court shall take active part in examining the
witness to determine his credibility as well as the truth of his testimony and to elicit the
answers that it needs for resolving the issues.
Section 8. Oral offer of and objections to exhibits. - (a) Upon the termination of the
testimony of his last witness, a party shall immediately make an oral offer of evidence
of his documentary or object exhibits, piece by piece, in their chronological order,
stating the purpose or purposes for which he offers the particular exhibit.
(b) After each piece of exhibit is offered, the adverse party shall state the
legal ground for his objection, if any, to its admission, and the court shall
immediately make its ruling respecting that exhibit.
(c) Since the documentary or object exhibits form part of the judicial
affidavits that describe and authenticate them, it is sufficient that such
exhibits are simply cited by their markings during the offers, the objections,
and the rulings, dispensing with the description of each exhibit.
Section 9. Application of rule to criminal actions. - (a) This rule shall apply to all unduly prejudice the opposing party and provided further, that public or
criminal actions: private counsel responsible for their preparation and submission pays a fine
of not less than P 1,000.00 nor more than P 5,000.00, at the discretion of
the court.
(1) Where the maximum of the imposable penalty does not
exceed six years;
Section 11. Repeal or modification of inconsistent rules. - The provisions of the Rules
of Court and the rules of procedure governing investigating officers and bodies
(2) Where the accused agrees to the use of judicial affidavits,
authorized by the Supreme Court to receive evidence are repealed or modified insofar
irrespective of the penalty involved; or
as these are inconsistent with the provisions of this Rule.1âwphi1

(3) With respect to the civil aspect of the actions, whatever the
The rules of procedure governing quasi-judicial bodies inconsistent herewith are
penalties involved are.
hereby disapproved.

(b) The prosecution shall submit the judicial affidavits of its witnesses not
Section 12. Effectivity. - This rule shall take effect on January 1, 2013 following its
later than five days before the pre-trial, serving copies if the same upon the
publication in two newspapers of general circulation not later than September 15,
accused. The complainant or public prosecutor shall attach to the affidavits
2012. It shall also apply to existing cases.
such documentary or object evidence as he may have, marking them as
Exhibits A, B, C, and so on. No further judicial affidavit, documentary, or
object evidence shall be admitted at the trial. Manila, September 4, 2012.

(c) If the accused desires to be heard on his defense after receipt of the MARIA LOURDES P. A. SERENO
judicial affidavits of the prosecution, he shall have the option to submit his Chief Justice
judicial affidavit as well as those of his witnesses to the court within ten days
from receipt of such affidavits and serve a copy of each on the public and
private prosecutor, including his documentary and object evidence ANTONIO T. CARPIO PRESBITERO J. VELASCO, JR.
previously marked as Exhibits 1, 2, 3, and so on. These affidavits shall Associate Justice Associate Justice
serve as direct testimonies of the accused and his witnesses when they
appear before the court to testify.
TERESITA J. LEONARDO-DE
ARTURO D. BRION
CASTRO
Associate Justice
Section 10. Effect of non-compliance with the judicial Affidavit Rule. - (a) A party who Associate Justice
fails to submit the required judicial affidavits and exhibits on time shall be deemed to
have waived their submission. The court may, however, allow only once the late DISODADO M. PERLATA LUCAS P. BERSAMIN
submission of the same provided, the delay is for a valid reason, would not unduly Associate Justice Associate Justice
prejudice the opposing party, and the defaulting party pays a fine of not less
than P 1,000.00 nor more than P 5,000.00 at the discretion of the court.
MARIANO C. DEL CASTILLO ROBERTO A. ABAD
Associate Justice Associate Justice
(b) The court shall not consider the affidavit of any witness who fails to
appear at the scheduled hearing of the case as required. Counsel who fails MARTIN S. VILLARAMA, JR. JOSE P. PEREZ
to appear without valid cause despite notice shall be deemed to have Associate Justice Associate Justice
waived his client's right to confront by cross-examination the witnesses
there present.
JOSE C. MENDOZA BIENVENIDO L. REYES
Associate Justice Associate Justice
(c) The court shall not admit as evidence judicial affidavits that do not
conform to the content requirements of Section 3 and the attestation
requirement of Section 4 above. The court may, however, allow only once ESTELA M. PERLAS-BERNABE
the subsequent submission of the compliant replacement affidavits before Associate Justice
the hearing or trial provided the delay is for a valid reason and would not

Footnotes
1 i. Administrative ‘Order’ establishing the Philippine Mediation Center
 By virtue of the Supreme Court's authority under Section 5 (5), Article VIII,
of the 1987 Constitution to disapprove rules of procedure of special courts
and quasi-judicial bodies.
A.M. NO. 01-10-5-SC-PHILJA, OCTOBER 16, 2001
Re: Various Resolutions of the Board of Trustees of the PHILJA Approved During its
Meetings on 18 September 2001 and 10 October 2001
GENTLEMEN:
Quoted hereunder, for your information, is a resolution of the Court En Banc 16
October 2001.
“A.M. No. 01-10-5-SC-PHILJA.- Re: Various Resolutions of the Board of Trustees of
the PHILJA Approved During its Meetings on  18 September 2001 and 10 October
2001.- Acting on the Letter dated -.10  October 2001 of PHILJA Chancellor Ameurfina
A. Melencio-Herrera, the  Court Resolved to APPROVE the following resolutions of the
Board of  Trustees of the Philippine Judicial Academy:
(a) Resolution No, 01-19,’recommending the  appointment of farmer Deputy Court .
Administrator Bernardo T.  Ponferrada to the position of PHILJA Professor II on a
full-time basis,  with additional functions as Head of the Judicial Reforms. Office,  cases;
effective 16 August 2001;
(b) Resolution No. 01-20 , recommending the  accreditation of twenty (20)
additional Mediators, subject to the  fallowing conditions:
i. The accreditation shall be effective for a period of two (2) years;
ii. The accredited Mediators shall maintain good standing; and
iii. The accredited Mediators shall”complete,  within the two. (2) year period,
refresher . courses and evaluation  exercises to be given by the PHILJA;
(c) Resolution No. 01-23 , recommending the  approval of the following proposed
structures and guidelines for the  .institutionalizatian of Mediation in the
Philippines:
ADMINISTRATIVE ORDER NO. _____
RE: DESIGNATING THE PHILIPPINE  JUDICIAL ACADEMY (PHILJA) AS THE COMP
RELATED MEDIATION CASES AND OTHER ALTERNATIVE  DISPUTE RESOLUT
CENTER FOR THE PURPOSE.
In Keeping with the policy declared in Section l of RA 8557 aio ensure an efficient and
credible Judiciar” in relation o Section 3 of the same law mandating PH1LJA “to
perform such ether functions and duties as may be necessary in carrying out its
mandate;” consistent with one of the objectives of the Action Program .for  Judicial
Reform (APJR), particularly the decongestion of court dockets,  and the enhancement
of access to justice: and towards the effective  implementation of Section 2(a), Rule 18
of the 1937 Rules of Civil  Procedure, the Supreme Court hereby designates the
Philippine Judicial Academy (PHILJA) as its component unit for court-referred, 
court-related mediation cases and other forms of Alternative Dispute  Resolution
mechanism, and establishes the Philippine Mediation Center  (PMC) in accordance
with the guidelines set forth hereunder.
1 Functions
The Philippine Mediation Center (PMC) shall, among others:
1.1 Establish, in coordination with” the Office of  the Court Administrator (OCA),
units of the Philippine Mediation Center  (PMC) in courthouses, and in such other
places as may be necessary: Each unit, manned by Mediators and Supervisors, shall
render mediation  services to parties in court-referred, court-related mediation
1.2 Recruit, screen, train and recommend Mediators for accreditation to this Court,
1.3 Require prospective Mediators to undergo four-week internship programs;
1.4 Provide training in mediation to judges, court  personnel, educators, trainors,
lawyers, and officials and personnel of  quasi-judicial agencies;
1.5 Oversee and evaluate the performance of Mediators and Supervisors who are
assigned cases by the courts,
1.6 Prepare a Code of Ethical Standards for Mediators for approval by the PHILJA
Board of i rustees and this Court;
1.7 Implement the procedures in the assignment by  the PMC Units of court-referred,
court-reiaied mediation cases to  particular Mediators;
1.8 Propose to the Supreme Court (a) Guidelines on  Mediation and (b)
Compensation Guidelines for-Mediators and Supervisors; and.
1.9 Perform other related functions.
2 Direction and Management
PHILJA will direct and manage the Philippine  Mediation Center (PMC), enlisting
for this purpose the technical and  management assistance of appropriate and
qualified organizations or  individuals, on such terms as may be stipulated in a
Memorandum of  Agreement between PHILJA, through its Chancellor, and such
other  organizations or individuals, subject to ratification by the PHILJA  Board of
Trustees.
3 Technical and Management Assistance
Technical and management assistance shall include, among others;
3.1 Establishment of Mediation Chapters with their respective Supervisors;
3.2Recruitment, training and education, monitoring  and performance evaluation of
Supervisors and Mediators who will be  assigned to different PMC units;
3.3 Assignment of trainors, monitors, and lecturers for purposes of instruction,
internship, monitoring and evaluation;
3.4 Training and education in mediation of judges,  court personnel, trainors,
educators, lawyers, and officials and  personnel of quasi-judicial agencies;
3.5 Continuing education, training, skills  development, and w’ upgrading of
accredited Mediators at least once  every two (2) years;
3.6 Development of training and other instructional materials;
3.7 Development of systems and programs for the selection, monitoring and periodic
evaluation of Mediators;
3.8 Administrative supervision of Supervisors and Mediators in each unit;
3.9 Preparation for submission to and approval by  the PHILJA Eoard of Trustees
and this Court of: (a) Code of Ethical  Standards for Mediators, (b) Guidelines on
Mediation, and (c)  Compensation Guidelines for Mediators and Supervisors;
3.10 Development of a system of evaluating the efficacy of mediation;
3.11 Setting up of a viable funding system to make the mediation process, self-
sustaining at the earliest possible time;
3.12 Development of administrative systems for case intake, screening, evaluation,
documentation and record keeping, and  other related activities; and
3.13 Conduct periodic public information campaigns.
4 Supervision and Control over PMC units
The operational control and supervision over PMC  Units and Mediation Chapters with
respect to court-referred,  court-related mediation cases shall be with the Mediation
Division of  PHILJA, in coordination with the OCA. PHILJA may seek the assistance
of  appropriate and qualified organizations and individuals in supervising  PMC Units
and Mediation Chapters through a Memorandum of Agreement.
A Clerk-in-charge shall be assigned by the Executive  Judge, after prior consultation
with PHILJA and OCA, to coordinate  between the courts and Mediators and
Supervisors in every PMC Unit.
5 Role of the Presiding Judge
The Presiding Judge, before whose court the case  subject of mediation is pending,
shall extend to the Mediator, every  possible support and assistance.
The Mediator whose selection/appointment is confirmed by the Court is deemed an
officer of the court.
6 Monthly Report
The Supervisor of each PMC Unit, shall submit to the  Mediation Division of.the
Judicial Reforms Office of PHILJA a monthly  report of its activities and operations,
duly noted by the Executive  Judge, furnishing a copy thereof to the Office of the Court 
Administrator.
7 Annual/ Semi-Annual Settlement Week/s
PHILJA shall determine, with the previous approval of this Court, when to conduct
Annual and/or Semi-Annual Settlement  Week/s, without prejudice to year-round
mediation.
8 Other Forms of Alternative Dispute Resolution
PHILJA is likewise directed to study and recommend  the use of other forms of court- Procedure, except those which by  law may not be compromised;
diversion, or other modes of alternative dispute resolution, and upon its approval, to
implement the same in  accordance with such rules as may be promulgated by this b) Cases cognizable by the Lupong Tagapamayapa under the Katarungang
Court. Pambarangay Law;

c) The civil aspect of BP 22 cases; and

9 Scope d) The civil aspect of quasi offenses under Title 14 of the Revised Penal Code.
PHILJA may implement this directive nationwide, or initially in selected pilot areas.
2 Order for Mediation
The trial court, after determining the possibility  of an amicable , settlement (or of a
submission to alternative modes of  dispute resolution, $hall issue an Order
10 Effectivity referring the case to the  Philippine Mediation Center-(PMC) Unit for mediation and
This Administrative Order shall take effect on the _____ day of  _______2001 directing the  parties to proceed immediately to the PMC Unit The Order shall be  
following its publication before the _____ day _____ of  _____2001 in two (2) personally given to the parties during the pre-trial. Copy of the Order  together with
newspapers of general circulation in the  Philippines. a copy of the Complaint and Answer/s, shall be furnished  the PMC Unit within the
same date
Manila, Septemeber _____, 2001.
3 The PMC Unit
ii. Second Revised Guidelines on Mediation There shad be a PMC Unit in courthouses or near the premises of the trial court for
court-referred mediation proceedings.
REPUBLIC OF THE PHILIPPINES. SUPREME COURT MANILA
4 Selection of Mediator
The Supervisor of the PMC Unit shall assist the  parties select a mutually acceptable
Mediator from a list of duly  accredited Mediatory and inform the parties about the
TO: THE REGIONAL TRIAL COURTS AND  METROPOLITAN TRIAL COURTS
fees, ifOF METRO
any, MANILA,
and  the mode orCEBU CITY,
payment MANDAUE
If the CITY AND
parties cannot agree on a Mediator, then
MUNICIPAL TRIAL COURTS OF CEBU AND DAVAO AND SUCH OTHER
the  Supervisor shall assign the Mediator. The trial court shall immediately  be notified
of the name of the Mediator, anu s..aii thereafter confirm  the selection/appointment
oi the Mediator.

The Mediator shall immediately commence the mediation proceedings unless both
parties agree to reset the mediation within the next five (5) working days, without need
of further notice.

5 Presence of lawyers
Lawyers may attend the mediation proceedings and shall cooperate with the Mediator
SUBJECT: SECOND REVISED GUIDELINES FOR THE IMPLEMENTATION OFtowards
MEDIATION PROCEEDINGS
the amicable settlement of the dispute.

Pursuant to par. (5), Section 5, Article Vlii of the  1S87 Constitution mandating the
Supreme Court to promulgate rules thai  shall provide a simplified and inexpensive
procedure for the speedy  disposition of cases and Section 2(a), Rule 13 of the 1997
Rules of  Civil Procedure, as amended, requiring the courts to consider the  possibility
of an amicable settlement or of a submission to alternative  modes of resolution, the
following rules are hereby issued with regard  to court-referred mediation:
1 Coverage
The following cases are referable to mediation:
a) All civil cases, settlement of estates, and  cases covered by the Rule on Summary
6 Mediation Proceedings
a) The Mediator shall be considered as an ofricer of ihe court.
b) A conference before the Mediator shall first be  held with both parties present. The
Mediator shall explain the mediation proceedings stressing the benefits of sn early
settlement of the  dispute and shall attempt immediate settlement. If no settlement is 
reached at this conference, the Mediator may, with the consent of both  parties, hold
separate caucuses with each’party to enable the Mediator  to determine their
respective real interests in the dispute. Thereafter, another joint conference may be
held to consider various options  proposed by the parties to the Mediator to resolve
the dispute.
c) The Mediator shall not record the proceedings in any manner but he may take
down persona! notes to guide him.
d) The Mediator shall submit to the trial court,  which referred the case to mediation,
a status report on the progress of the proceedings at the end of the mediation period.
e) The PMC shall not keep a file of mediation  proceedings except the report of the
Mediator. All other records or  documents that have been submitted by the parties
shall be returned to  them.
f) At the end of the thirty-day period allowed by the trial court,  if no settlement has
been reached, the case must be returned to the  trial court for further proceedings,
unless the parties agree to further continue the mediation, in which case a [ast
extension of thirty (30)  days may be granted by the trial court.
7 Confidentiality of Records
To encourage the spontanity that is condusive to  effective communication, thereby
enhancing the possibility of sucessful  medation efforts, the mediarion proceedings
and all incidents thereto  shall be kept strictly confidential, unless otherwise
specifically  provided by law, and all admissions of statements made thereto shall be  and enter into a compromise by a Special Power of Attorney. A corporation shall, by
inadmissible for any purpose in any proceeding.
Ex-parte communications by one party to the  Mediator which are not intended to be
known by the other party shall not be commun cated to such other party. Documents,
reports, position pape™ and affidavits submitted by one party shall not be shown to
the other  without the consent of the former.
Both parties undertake not to rely or introduce as evidence in any other proceeding,
the following matters:
a) Views expressed or suggestions made by the ether party in respect of a possible
settlement of the dispute;
b) Admissions made by either party in the course of the proceedings;
c) Proposals made by the Mediator;
d) The fact that the other party had indicated his  willingness to accept a proposal
for settlement made by the parties to  the Mediator.
No transcript or minutes of the mediation proceedings shall be taken, and personal
notes of the Mediator on the mediation  proceedings shall not be furnished the trial
court. Any such transcript, minutes and notes shall be inadmissible as evidence in any
other  proceedings.
8 Suspension of Proceedings
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 procedure.
The period for mediation shall not exceed 20 days,  extendable for another 30 days, in
order to allow the parties sufficient time to reach a compromise agreement and put an
end to litigation.
9 Personal appearance/Proper authorizations
Individual parties are encouraged to personally appear for mediation. In the event
they cannot attend, their representatives must be fully  authorized to appear, negotiate
board resolution, fully  authorize its representative to appear, negotiate and enter into
a  compromise agreement.
10 Proceedings in case of Successful Settlement
If the mediation is successful, the trial court shall immediately be informed and given
(a) the original Compromise Agreement entered into by the parties as basis for the
rendition of a judgment by compromise which may be enforced by execution or, (b) a
withdrawal of  the Complaint or, (c) a satisfaction of the claim.
The lawyers are expected to provide legal assistance  to their clients and the Mediator
in the drafting of the necessary  pleadings/papers.
11 Proceedings in Case of Failure to Settle
If the mediation is not successful, the Mediator  shall issue a .”Certificate of Failed
Mediation11 for the purpose of  returning the case for further judicial proceedings.
12 Sanctions
Since mediation is part of Pre-Triai, the trial court shall impose the appropriate
sanction including but not limited to  censure, reprimand, contempt and such
sanctions as are provided under  the Rules of Court for failure to appear for pre-trial,
in case any or  both of the parties absent himself/themselves, or for abusive conduct 
during mediation proceedings.
13 Duty of the Court
Courts and their personnel are enjoined to assist in the successful  implementation of
mediation as one of the key modes of Alternative  Dispute Resolution and thereby
reduce and congestion.
September 5, 2001.
Mediator has represented either party in. any capacity the Mediator should disclose
that  representation.
A Mediator shall disclose any known, significant  current or pest personal or
professional relationship with any party or  attorney involved in the mediation and the
Mediator and parties should  discuss on a case-by-case basis whether or not to
continue.

iii. Code of Ethical Standards for Mediators After the Mediator makes his disclosures, and a party does not seek inhibition, the
Mediator shall continue as such.
CODE OF ETHICAL STANDARDS FOR MEDIATOR
No Mediator shall have any interest in any property,  real or personal, that is the
I. subject matter of the case referred to  him/her for mediation. He,she may not offer to
purchase or to sell such  property, whether at the inception, during or at any time after
Responsibilities to Courts
the  mediation proceedings, either personally or through other parties.
A Mediator shall be candid, accurate, and fully  responsible to the trial court
Avoidance of Delays. A Mediator shall plan a  work schedule, refrain from accepting
concerning his qualifications,  availability, and all other pertinent matters. A Mediator
appointments when it becomes  apparent thai completion of the
shall observe  all administrative policies, applicable procedural rules, and statutes. A
mediation’assignments cannot be done in a timely and expeditious manner, and
Mediator is responsible to the judiciary for the propriety of his  activities and must
perform the mediation services in  such a way as to avoid delays.
observe judicial standards of fidelity and  diligence.
Prohibition Against Solicitation or Advertising. A Mediator shall not use the mediation
II.
process to solicit, encourage,  or otherwise incur future professional services and
Responsibilities to Parties financial gain from  either or both parties. Neither shall a Mediator make untruthful
or  exaggerated claims about the mediation process and his/her  qualifications.
Impartiality. The Mediator shall maintain  impartiality toward all parties-Impartiality
means freedom from  favoritism or bias either by appearance, word-or by action, and
a  commitment to serve all parties as opposed to a single party. At no time may a
Prohibition Against Coercion. A Mediator snail not coerce or unfairly influence a party
Mediator meet with any of the parties to discuss a case referred to him for mediation
into a settlement agreement  and shsll not make substantive decisions for any party to
without the presence or the consent of the other party. A Mediator shall withdraw
a mediation  process.
from mediation if the mediator believes he can no longer be impartial. A Mediator
shall not give or accept a  gift, bequest, favor, loan or any other item to cr from a party,  a) Prohibition Against Misrepresentation. A  Mediator shall not intentionally- or
attorney, cr any other person involved in and arising from any mediation connection. knowingly” misrepresent material  facts or circumstances in the course of
conducting a mediation.
Competence. A Mediator shall maintain professional competence in mediation skills,
including but not limited to: b) A Balanced Process. A Mediator shall promote a  balanced process and shall
encourage the parties to conduct the  mediation deliberations in a non-adversarial
(a) staying informed of and abiding by all  statutes, rules, and administrative orders
manner.
relevant to the practice of  mediation; and
c) Mutual Respect. A Mediator shall promote mutual respect among the parties
(b) regularly engaging in educational activities promoting professional growth.
throughout the mediation process.
Conflict of Interest The Mediator shall  refrain from participating in the mediation of
Personal Opinion. While a Mediator may point  out possible outcomes of the case,
any dispute if he/she  perceives that participation as a Mediator will be a clear conflict
under no circumstance may a Mediator  offer a persona! or professional opinion as to
of  interest The Mediator shall also disclose any circumstanr-that may  create or give
how the trial court,  where the case has been filed, will resolve the dispute.
the appearance of a conflict of interest and circumstance that may raise a question as
to the Mediator’s impartiality. Disclosure of Fees. Except for his/her  authorized fees, the Mediator in Court-Referred
Mediation shall not  accept any commission, gift or other similar forms of
The duty to disclose is a continuing obligation  troughout the process. In addition, if a
remuneration from  parties or their representatives.
In case of Non-Court Referred Mediation, the Mediator shall enter into a written
agreement with the parties regarding  reasonable fees, time and manner of payment,
before beginning the  mediation.
Confidentiality. The Mediator shall treat information revealed in mediation in strict
confidentiality, except for the following:
1 Information that is statutorily mandated to be reported;
2 Information that, in the judgment of the  Mediator, reveals a danger of serious
physical harm either to a party,  to a third person or to himself/herself.
Role of Mediator in Settlement. The Mediator has the responsibility to see to it that the
panies consider and understand the terms of the settlement.
When a Mediator believes that a party does not  understand or appreciate how a
settlement agreement may adversely affect !egai rights or obligations, the Mediator
shall advise the said party  to seek legal counsel.
III.
Relationship with other Professionals
The Mediator shall respect the relationship between  mediation and other professional
disciplines including law, medicine,  science, accounting, mental health and social
sen/ices and shall promote harmony and cooperation between Mediators and other
professionals.
IV.
Responsibilities to Society
Pro Bono Service. A Mediator has a  professional responsibility to provide competent
service to perscns  seeking assistance including those unable to pay for such services.
As a means of meeting the needs of the financially disadvantaged, a Mediator should
provide mediation services pro bono or at a reduced rate of  compensation.
Support of Mediation. A Mediator should  support the advancement of mediation by
encouraging and participating in research, evaluation, or other forms of professional
development and  pubiic education.
September 5. 2001.
iv. Standards and Procedure for       Accreditation of Mediators for Court-       Failure to maintain good standing shall be a cause for the revocation and/or non-
Referred/Court-Related’Mediation Cases
STANDARDS AND PROCEDURE FOR ACCREDITATION OF MEDIATORS FOR
COURT REFERRED/COURT RELATED MEDIATION CASES
Basic Qualifications of Prospective Mediators:
1 Bachelor’s degree
2 At least 30 years of age
3 Good moral character
4 Willingness to learn new skills and render public service
5 Proficiency in oral and written communication in English and Pilipino
Requirements / Procedure:
1 All applicants must submit the following to PHILJA:
- Curriculum Vitae with 2×2 picture     – College School Records     – NBl / Police
Clearance     – Certificates of good moral character from two (2) persons who are
not related to the applicant
2 Upon submission, PHILJA and its technical assistant shall:
- Administer a short written comprehension examination     – Interview and
evaluate each applicant     – Schedule qualified applicants for training
3 All qualified applicants must successfully complete the following:
- Basic Mediation Seminar-Workshop including a  short written exercise to test their
proficiency in oral and written  communication;     – Four-week Internship
Program;
4 If PHILJA requests training services from other organizations or  individuals, the
organization or individual shall submit to PHILJA after the training the
following:
- certification of satisfactory completion of the program;     – summarized report
on4 the. overall performance of each trainee/applicant.
5 Upon satisfactory completion of all. the  requirements, the PMC or the training
organization shall prepare a  report of the overall performance of each
trainee/applicant for  submission to PHILJA.
6 On the basts of the report, PHILJA shall submit to the Court its recommendation of
Mediators for accreditation.
7     If approved by the Court, the accreditation shall be effective for a period of two
(2) years. To maintain good standing, the Mediator must:  a) continue to be
of good moral character; b) render mediation services  at least once a week
to any PMC Unit; c) participate during Settlement  Weeks; and d) complete
refresher courses to be prescribed by PHILJA  within the two (2) year
period.
renewal of the accreditation.
The Mediator may request PHILJA, in writing, for the  cancellation of his/her
accreditation.- Upon confirmation of the  cancellation of accreditation, the Mediator
shall surrender his/her  Mediator’s identification card and shall be dropped from the
List of  Accredited Mediators.
September5, 2001.
v. Compensation Guidelines for Mediators and Supervisors
COMPENSATION GUIDELINES FOR MEDIATORS AND SUPERVISORS
(These guidelines will serve as an interim option  while possible amendments to Rule
141 are being studied for approval of  the Court)
Procedure
Upon selection of a mutually acceptable Mediator by  the parties, the Daily Supervisor
shall inform the parties about the  mediation fee. Both parties shall equally share in
the payment of such  fee, without prejudice to a different sharing arrangement
between the  parties when a compromise is reached.
Before the start of mediation, 50% of the mediation  fee shall be paid to the Clerk of
Court, who is a bonded court  personnel. Upon settlement of the case through a
compromise agreement,  the balance of the mediation fee shall also be paid to the
Clerk of  Court. If no compromise is reached, the down payment is forfeited.
The parties shall pay the mediation fee in cash or  manager’s check payable to the-SC-
PHlLJA- Philippine Mediation Center  (PMC) Trust”Fund The fee shall be remitted to
the Clerk of Court who  shall issue the prescribed receipt in numerical order
exclusively for  the use of PMCA and who shall deposit the said amount not later than
the next banking day to the said trust fund in the nearest branch of the  government
depository bank.
Mediation Fee to be charged (except as regards pauper litigants)
The Mediation Fee shall be a certain percentage of  the filing fee, to be paid . separately
from the filing fee, and in  accordance with the Levels of Mediators and the schedules
presented  below:
Level Amount Chargeable
I.         Accredited Mediators who have 20% of Filing Fee
handled less than 50 cases
II.         Accredited Mediators who have 25% of Filing Fee
handled more than 50 cases
III.       Accredited Mediators who have 30% of Filing Fee P 3,0
handled more than 100 cases
Example:
1 In Level I, if the filing fee is P 10,000.00, the litigants wii!   equally share in the
payment of 20% of P 10,000.00, or P 2,000.00 as  Mediation Fee. 50% of
this amount is payable to the Clerk of Court  before the start of mediation.
2 In Level I
3 2 1 If the filing fee is P 4,000.00, the  litigants will pay 20% of P 4,000.00 or P
300.00 as Mediation Fee to the Clerk of Court before the start of
Mediation. Since this is less than  the minimum fee of P 1,000.00, litigants
will pay P 1,000.00 as  Mediation Fees to the Clerk of Court.2.2 if the filing
fee is P 100,000.00, the  litigants will pay 20% of P100,000.00, or P
20,000.00. Since this is  more than the maximum amount of P 10,000.00,
litigants will pay P  10,000.00 as Mediation Fee to the Clerk of Court.
in cases where the computed percentage amount is below the minimum
in cases where the computed percentage amount is above the maximum
The Mediator .may also opt to render pro bono services whenever warranted.
Accounting of Funds
All mediation fees shall be deposited in a  SC-PHILJA-PMC Trust Fund. All fees to the
mediators, supervisors and  necessary operating expenses shall be paid from that fund.
The Clerk of Court shall submit to the Mediation  Division of PHILJA, a monthly
coliecticn and bank remittance report. A  monthly statement of account regarding the
Trust Fund shall also be  submitted to the Mediation Division of PHILJA by the
government  depository bank.
Sharing Scheme
The mediation fee per case shall be allocated as follows:
70% – shall be paid to the Mediator who mediated the case;     5% – shall be paid to
the Daily Supervisor;     25% – shall go to the SC-PHILJA-PMC Trust Fund for
operational  expenses, including the fees for technical assistance of organizations /
individuals, transportation/communication expenses, photocopying,  supplies and
equipment, token fees, expense allowances and miscellaneous expenses, whenever
necessary, and subject to auditing rules and  regulations.
Manila, Septembers, 2001.
(d) Resolution -No. 01-24, recommending approval of  the Memorandum of
Agreement between the PHILJA and the Philippine  Meaianon Foundation, Inc., to
wit:
MEMORANDUM OF AGREEMENT
This Agreement, entered into, by and between:
The PHILIPPINE JUDICIAL ACADEMY, the educational  arm of the Supreme Court,
hereinafter referred to as PHILJA and  represented herein by its Chancellor, Justice
Arneurfina Melencio  Herrera (Ret);
-and-
    The PHILIPPINE MEDIATION FOUNDATION, INC., a private, non-profit,  non-
stock organization, hereinafter referred to as PMFI and represented  herein by its
President, Dean Eduardo D. de los Angeles;
WITNESSETH:
WHEREAS, the decongestion of court dockets is a  priority objective cf the Supreme
Court and mediation is one of the  expeditious modes of alternative dispute
resolution;
WHEREAS, the Supreme Court in Administrative Order  No. _____)WHEREAS, the
Supreme Court in Administrative Order No. ______ , issued on, has designated
PHILJA as the component unit of the Court for court-referred, court-related
mediation cases and other alternative  dispute resolution mechanisms, and
established the Philippine Mediation  Center for the purpose; issued on has
designated PHILJA as the component unit of the Court for court-referred, court-
related mediation cases and other alternative dispute resolution mechanisms, and
established the  Philippine Mediation Center for the purpose;
WHEREAS, PHILJA has been authorized by the Supreme  Court to enlist the
technical and management assistance of qualified  organizations and individuals
and, the PMFI, is one of such  organizations;
WHEREFORE, in view of the foregoing, the parties hereby agree as follows:
1 PHILJA, pursuant to the aforesaid  Administrative Order No. _____ of the
Supreme Court, hereby engages the  services of the PMFI to assist PHILJA
in the:
1.1 Establishment of Mediation Chapters with their respective Supervisors;
1.2 Recruitment, training and education, monitoring and  performance evaluation of
Supervisors and Mediators who will be assigned to different PMC Units;
1.3 Assignment of trainers, monitors, and lecturers for purposes of instruction,
internship, monitoring and evaluation;
1.4 Training and education in mediation of judges,  court personnel, trainors,
educators, lawyers, and officials and  personnel of quasi-judicial agencies;
1.5 Continuing education, training, skills  development, and upgrading of accredited
Mediators at least once every  two (2) years; .
1.6 Development of training and other instructional materials;
1.7 Development of systems and programs for the selection, monitoring and periodic
evaluation of Mediators;
1.8 Development of a system cf evaluating the efficacy of mediation;
1.9 Administrative supervision of Supervisors and Mediators in each Unit;
1.10 Preparation for submission to and ‘approval by the PHiLJA Board of Trustees
and the Supreme Court of: (a) Code of.  Ethical Standards for Mediators; (b)
Guidelines on Mediation; (c)  Compensation Guidelines for Mediators and
Supervisors;
1.11 Setting up of a viable funding system to make the mediation process self-
sustaining at the earliest possible time;
1.12 Development of administrative systems for case intake, screening, evaluation,
documentation and record keeping, and  other related activities; and
1.13 Conduct periodic public information campaigns.
2 Prior to the commencement of each foregoing service, the PHiLJA  and PMFl shal!
enter into an agreement as to the cost of each service/s.
This Memorandum of Agreement shall be in effect upon its signing and  may be
revoked upon thirty (30) days prior written notice to the other  party.
IN WITNESS WHEREOF, the parties have hereunto set their hands this _____ day of
September, 2001; and
(e) Resolution No. 01-29. recommending the extension of the  appointment of Judge
Iluminada C. Cortes for another term as appointive  representative of First Level
Courts to the PHILJA Board of Trustees and the transportation allowance for
attendance at Board meetings since  shall is stationed in Baguio City.
The Court further Resolved to REFER Resolution No. 01-25 re:  Authority for PHILJA
to approve requests for Mediation in the Interim to the OFFICE OF THE COURT
ADMINISTRATOR for comment thereon within twenty (20) days for receipt of a copy
thereof.” Vitug J.,. aboard on official leave.