Mark Jerome G.

Valdevieso CEU-JD3A 18-20707

In the enforcement of a mediated settlement agreement, the rules used

is the A.M. No. 07-11-08-SC or the Special 2019 Amended Rules of
Court on Alternative Dispute Resolution. Specifically, Rule 15 of the said
rules is followed in the Deposit and Enforcement of Mediated Settlement
Agreement.

Rule 15.1 provides for “Who makes a deposit.” Accordingly, it is

expressly provided that “Any party to a mediation that is not court-annexed
may deposit with the court the written settlement agreement, which resulted
from that mediation.”

Rule 15.2 thereof provides for “When deposit is made.” To wit, “At
any time after an agreement is reached, the written settlement agreement
may be deposited.”

Rule 15.3 also provides for the “Venue.” Thus, “The written settlement
agreement may be jointly deposited by the parties or deposited by one party
with prior notice to the other party/ies with the Clerk of Court of the Regional
Trial Court (a) where the principal place of business in the Philippines of any
of the parties is located; (b) if any of the parties is an individual, where any
of those individuals resides; or (c) in the National Capital Judicial Region.”

Rule 15.4 talks about “Registry Book.” It is “The Clerk of Court of each
Regional Trial Court shall keep a Registry Book that shall chronologically list
or enroll all the mediated settlement agreements/settlement awards that are
deposited with the court as well as the names and address of the parties
thereto and the date of enrollment and shall issue a Certificate of Deposit to
the party that made the deposit.”

Rule 15.5 is about the “Enforcement of mediated settlement

agreement.” Thus, “Any of the parties to a mediated settlement agreement,
which was deposited with the Clerk of Court of the Regional Trial Court, may,
upon breach thereof, file a verified petition with the same court to enforce said
agreement.”

Rule 15.6 provides for the “Contents of petition.” It is provided under

this rule that a verified petition shall:

a. Name and designate, as petitioner or respondent, all parties to the

mediated settlement agreement and those who may be affected by it;

b. State the following:

 (i). The addresses of the petitioner and respondents; and

(ii). The ultimate facts that would show that the adverse party has
defaulted to perform its obligation under said agreement; and

c. Have attached to it the following:

(i). An authentic copy of the mediated settlement agreement; and

(ii). Certificate of Deposit showing that the mediated settlement

agreement was deposited with the Clerk of Court.

Rule 15.7 provides for the rules on “Opposition.” Thus, “The adverse
party may file an opposition, within fifteen days from receipt of notice or
service of the petition, by submitting written proof of compliance with the
mediated settlement agreement or such other affirmative or negative
defenses it may have.”

And last under this Rule is about “Court action.” “After a summary
hearing, if the court finds that the agreement is a valid mediated settlement
agreement, that there is no merit in any of the affirmative or negative
defenses raised, and the respondent has breached that agreement, in whole
or in part, the court shall order the enforcement thereof; otherwise, it shall
dismiss the petition.”