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Frequently Asked Questions 1.

All cases which were not successfully


settled in CAM;
WHAT IS COURT-ANNEXED MEDIATION
(CAM)? 2. All appealed cases from the exclusive and
original jurisdiction of the First Level
CAM is a voluntary process conducted under the Courts:
auspices of the court by referring the parties to
the Philippine Mediation Center (PMC) Unit for a. over civil cases and probate
the settlement of their dispute, assisted by a proceedings, testate and intestate,
Mediator accredited by the Supreme Court. under Section 33, paragraph (1) of
the Judiciary Reorganization Act of
WHAT ARE THE CASES SUBJECT TO 1980;
CAM?
b. over cases of forcible entry and
The following cases shall be referred to CAM: unlawful detainer under Section
1. All civil cases, except those which by law 33, paragraph (2) of the Judiciary
may not be compromised (Article 2035, Reorganization Act of 1980;
New Civil Code); c. over civil cases involving title to or
2. Special proceedings for the settlement of possession of real property or an
estates; interest therein under Section 33,
paragraph (3) of the Judiciary
3. The civil aspect of Quasi-Offenses under Reorganization Act of 1980; and
Title 14 of the Revised Penal Code;
d. over a habeas corpus case decided
4. The civil aspect of criminal cases where by the judge of the first level court,
the imposable penalty does not exceed six in the absence of all the Regional
years imprisonment and the offended Trial Court judges in the province
party is a private person; and or city, that are brought up on
appeal from the special jurisdiction
5. The civil aspect of theft (not qualified
granted to the first level courts
theft), estafa (not syndicated or large scale
under Section 35 of the Judiciary
estafa), and libel.
Reorganization Act of 1980.
WHAT IS JUDICIAL DISPUTE
WHAT ARE THE CASES THAT CANNOT
RESOLUTION (JDR)?
BE REFERRED TO CAM AND JDR?
JDR is a process whereby the judge (called the
The following cases shall not be referred to CAM
JDR Judge) employs conciliation, mediation or
and JDR:
early neutral evaluation in order to settle a case
at the pre-trial stage.  In the event the JDR fails, 1. Civil cases which by law cannot be
then another judge (called the trial judge) shall compromised, as follows:
proceed to hear and decide the case.
a. The civil status of persons;
WHAT ARE THE CASES SUBJECT TO b. The validity of a marriage or a legal
JDR? separation;
c. Any ground for legal separation;
The following cases shall be referred to JDR by
d. Future support;
Judges in areas declared as JDR sites:
e. The jurisdiction of courts; and
f. Future legitime. an Opposition, and a Creditors’ Claim in
Special Proceedings;
2. Civil aspect of non-mediatable criminal
cases; 2. Complaint/Information for offenses with
maximum imposable penalty of prision
3. Petitions for Habeas Corpus; correccional in its maximum period or six
4. All cases under Republic Act No. 9262 years imprisonment, except where the
(Violence against Women and Children); civil liability is reserved or is subject of a
and separate action;

5. Cases with pending application for 3. Complaint/Information for estafa, theft,


Restraining Orders/Preliminary and libel cases, except where the civil
Injunctions. liability is reserved or is subject of a
separate action;
However, in cases covered in numbers 1, 4 and 5
where the parties inform the court that they have 4. Complaint/Information for Quasi-
agreed to undergo mediation on some aspects Offenses under Title 14 of the Revised
thereof, e.g., custody of minor children, Penal Code;
separation of property, or support pendente lite, 5. Intellectual Property cases;
the court shall refer them to mediation.
6. Commercial or corporate cases; and
WHAT IS MEDIATION FEE?
7. Environmental cases
The mediation fee is the amount collected by the
Clerk of Court from the filing of civil cases and The Clerks of Court of the First Level Courts
private complainant in criminal cases. shall collect the amount of FIVE HUNDRED
PESOS (P500.00) upon the filing of a Notice of
WHAT IS MEDIATION FUND? Appeal with the Regional Trial Court.
Mediation fund is the totality of the mediation The Clerks of Court of the Regional Trial Court
fees, receipted and separated as a special fund, shall collect the amount of ONE THOUSAND
known as the SC-PHILJA-PMC Mediation Trust PESOS (P1,000.00) upon the filing of a Notice of
Fund, which is managed by the Philippine Appeal with the Court of Appeals or the
Judicial Academy (PHILJA), subject to Sandiganbayan.
accounting and auditing rules and regulations.
In the Court of Appeals and Court of Tax
HOW MUCH IS COLLECTED AS Appeals, the Clerks of Court shall collect the
MEDIATION FEE? amount of ONE THOUSAND PESOS
In the Regional Trial Courts and the First-Level (P1,000.00) upon the filing of a mediatable case,
Courts, the Clerks of Court shall collect the petition, special civil action, a comment/answer
amount of FIVE HUNDRED PESOS (P500.00) to the petition or action, and the appellee’s brief.
upon the filing of the following: The Clerk of Court of the Court of Tax Appeals
shall also collect the amount of ONE
1. Complaint or an Answer with a THOUSAND PESOS (P1,000.00) for the appeal
mediatable permissive counterclaim or from the decision of a CTA Division to the CTA
cross-claim, complaint-in-intervention, En Banc.
third-party complaint, fourth-party
complaint, etc., in civil cases, a Petition,
WHY IS MEDIATION FEE COLLECTED 6. Clients of the National Committee on
EVEN IN AREAS WHERE THERE ARE NO Legal Aid (NCLA) and of Legal Aide
PMC UNITS? Offices in the Local Chapters of the
Integrated Bar of the Philippines (OCA
The mediation fee is intended as a contribution Circular No. 137-2009, October 7, 2009).
to promote mediation. It is not collected for
mediation services rendered or to be rendered. WHAT IS THE PURPOSE OF THE
MEDIATION FUND?
ARE THERE ANY EXEMPTIONS FROM
PAYMENT OF MEDIATION FEES? The Fund shall be used for:
1. Establishment of PMC Units;
Yes, the following are exempted from paying 2. Training seminars/ workshops/
mediation fees: internship programs for Mediators;
1. Pauper litigants as determined by the 3. Payment of Mediators’ Fees;
Court. However, despite such exemption, 4. Compensation of the PMC Unit Staff;
the court shall provide that the unpaid 5. Payment of operating expenses;
contribution to the Mediation Fund shall 6. Advocacy and promotion of court-
be considered a lien on any monetary annexed mediation and other relevant
award in a judgment favorable to the modes of ADR; and
pauper litigant. 7. Such other expenses as authorized by
Section 9, Rule 141 of the Rules of Court.
2. Accused/accused-appellant.

3. The Republic of the Philippines, its


agencies and instrumentalities are exempt
from paying the legal fees provided in the
rule.  Local Governments and
Government-Owned or Controlled
Corporations (GOCC) with or without
independent charters are not exempt from
paying such fees.
However, all court actions, criminal or
civil, instituted at the instance of the
provincial, city or municipal treasurer or
assessor under Sec. 280 of the Local
Government Code of 1991 shall be exempt
from the payment of Court and Sheriff’s
Fees.

4. Tenant-Farmer, agricultural lessee or


tiller, settler or amortizing owner-
cultivator (P.D. No. 946, Sec. 16, June 17,
1976).

5. Indigent Clients of the Public Attorney’s


Office (OCA Circular No. 121-2007, Dec.
11, 2007).

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