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).
In The Matter of The Disqualification of Bar Examinee Haron S. Meling in The 2002 Bar Examinations and For Disciplinary Action As Member of The Philippine Shari'a Bar, Atty. Froilan R. Melendrez
Procedure G.R. No. 124711 November 3, 1998 MARICALUM MINING CORP., Petitioner, vs. National Labor Relations Commission (NLRC), Sipalay Mine Free Labor Union and Cecilio T. Saludar, Respondents