REVISED RULES ON SUMMARY PROCEDURE

Q: What are the cases covered by this rule?

Civil Cases:
1. All cases of forcible entry and unlawful detainer, irrespective of the amount of damages or
unpaid rentals sought to be recovered. Where attorney's fees are awarded, the same shall not
exceed twenty thousand pesos (P20,000.00).
2. All other civil cases, except probate proceedings, where the total amount of the plaintiff's
claim does not exceed ten thousand pesos (P10,000.00), exclusive of interest and costs. (Sec. 1)

Criminal Cases:
1. Violations of traffic laws, rules and regulations;
2. Violations of the rental law;
3. Violations of municipal or city ordinances;
4. All other criminal cases where the penalty prescribed by law for the offense charged is
imprisonment not exceeding six months, or a fine not exceeding (P1,000.00), or both,
irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising
therefrom:
5. Offenses involving damage to property through criminal negligence, where the imposable
fine does not exceed ten thousand pesos (P10,000.00). (Sec. 1)

Note: This Rule shall not apply to a civil case where the plaintiffs cause of action is pleaded in
the same complaint with another cause of action subject to the ordinary procedure; nor to a
criminal case where the offense charged is necessarily related to another criminal case subject to
the ordinary procedure.

Q: What is the effect of failure to file an answer?

Should the defendant fail to answer the complaint within ten (10) days from service of
summons, the court, motu proprio, or on motion of the plaintiff, shall render judgment as may
be warranted by the facts alleged in the complaint and limited to what is prayed for therein:
Provided, however, that the court may in its discretion reduce the amount of damages and
attorney's fees claimed for being excessive or otherwise unconscionable. (Sec. 5 & 6))

Q: When to conduct Preliminary Conference?

Not later than thirty (30) days after the last answer is filed, a preliminary conference shall be
held. (Sec. 7)

Q: What are the effects of failure to appear in the Preliminary Conference?

The failure of the plaintiff to appear in the preliminary conference shall be a cause for the
dismissal of his complaint. The defendant who appears in the absence of the plaintiff shall be
entitled to judgment on his counterclaim in accordance with Section 6 hereof. All cross-claims
shall be dismissed. (Sec. 7)

If a sole defendant shall fail to appear, the plaintiff shall be entitled to judgment in accordance
with Section 6 hereof. This Rule shall not apply where one of two or more defendants sued
under a common cause of action who had pleaded a common defense shall appear at the
preliminary conference. (Sec. 7)

Q: What are the Prohibited Pleadings?

The following pleadings, motions or petitions shall not be allowed in the cases covered by this
Rule:
1. Motion to dismiss the complaint or to quash the complaint or information except on the
ground of lack of jurisdiction over the subject matter, or failure to comply with the preceding
section;
2. Motion for a bill of particulars;

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3. Motion for new trial, or for reconsideration of a judgment, or for opening of trial;
4. Petition for relief from judgment;
5. Motion for extension of time to file pleadings, affidavits or any other paper; 
6. Memoranda;
7. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by
the court;
8. Motion to declare the defendant in default; 
9. Dilatory motions for postponement;
10. Reply;
11. Third party complaints;
12. Interventions.

Q: Is the judgment under the Rule on Summary Procedure appealable?

Yes. The judgment or final order shall be appealable to the appropriate regional trial court
which shall decide the same in accordance with Section 22 of Batas Pambansa Blg. 129. (Sec. 21)

Q: is the decision of the RTC in the exercise of its appellate jurisdiction under this
rule immediately executory?
Yes. The decision of the regional trial court in civil cases governed by this Rule,
including forcible entry and unlawful detainer, shall be immediately executory, without
prejudice to a further appeal that may be taken therefrom. (Sec. 21)

KATARUNGAN PAMBARANGAY
Local Government Code of 1991
Q: What is the primordial aim of Katarungan Pambarangay?
The primordial aim of Katarungan Pambarangay is to reduce the number of court litigations
and prevent deterioration of the quality of justice which has been brought about by the
indiscriminate filing of cases in the courts. (Zamora vs. Heirs of Izquierdo)

Q: Discuss the nature and proceedings before the barangay.

The proceedings before the Lupong Tagamayapa, or pangkat ng Tagpagsundo of the barangay,
are not judicial proceedings. Legally, there is no barangay court. The lupon and the pankat do
not have inherent adjudicatory powers. They resolve disputes or attempt to do so through
amicable settlement, conciliation and arbitration.

Any adjudicatory power exercised by any of these bodies must be agreed upon by the parties in
writing. Such agreement may involve their willingness to abide by any arbitral award.

Q: What is the importance of barangay conciliation?

Where the case is covered by the Katarungan Pambarangay Law, the compulsory process of
arbitration required therein is a pre-condition for filing a complaint in court. Sec. 412, LGC
provides that  No complaint, petition, action, or proceeding involving any matter within the
authority of the lupon shall be filed or instituted directly in court or any other government
office for adjudication, unless there has been a confrontation between the parties before the
lupon chairman or the pangkat, and that no conciliation or settlement has been reached as
certified by the lupon secretary or pangkat secretary as attested to by the lupon or pangkat
chairman or unless the settlement has been repudiated by the parties thereto. (Agbayani vs. CA)

Q: Is there a motu proprio dismissal for non-compliance?

None.

Q: Is non-compliance with conciliation proceedings a jurisdictional defect?

No. It is well settled that the non-referral of a case for barangay conciliation, when so
required under the law, is not jurisdictional in nature and may, therefore, be deemed

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 waived if not raised seasonably. The conciliation procedure is not a jurisdictional defect
in the sense that failure to have prior recourse to it does no deprive a court of its
jurisdiction, either over the subject matter or over the person of the defendant. (Junson
vs. Martinez)

Q: What is the subject matter for amicable settlement?

The lupon of each barangay shall have authority to bring together the parties actually residing
in the same city or municipality for amicable settlement of all disputes. (Sec. 408)

The court in which non-criminal cases not falling within the authority of the lupon under this
Code are filed may, at any time before trial motu propio refer the case to the lupon concerned
for amicable settlement. (Sec. 408)

Q: When may parties may directly go to court?

1. Where one party is the government, or any subdivision or instrumentality thereof;

2. Where one party is a public officer or employee, and the dispute relates to the performance of
his official functions;

3.  Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one
(1) year or a fine exceeding Five thousand pesos (P5,000.00);

4. Offenses where there is no private offended party;

5. Where the dispute involves real properties located in different cities or municipalities unless
the parties thereto agree to submit their differences to amicable settlement by an appropriate
lupon; 

6.  Disputes involving parties who actually reside in barangays of different cities or

municipalities, except where such barangay units adjoin each other and the parties thereto
agree to submit their differences to amicable settlement by an appropriate lupon;
 The fact that the petitioner and private respondent reside in the same municipality does
not justify compulsory conciliation where the other co-defendants reside in different
barangays of different cities and municipalities. (Candido vs. Macapagal)

7. Such other classes of disputes which the President may determine in the interest of Justice or
upon the recommendation of the Secretary of Justice.

8. Any complaint by or against corporation, partnership or juridical entities, since only

individuals shall be parties to barangay conciliation proceedings either as complainant or
respondents.

9. Disputes where urgent legal action is necessary to prevent injustice from being committed or
further continued, specifically the ff.
a. Criminal cases where the accused is under police custody or detention
b. Petition for habeas corpus by a person illegally deprived of his rightful custody over
another
c. Actions coupled with provisional remedies
d. Actions which may be barred by the Statute of Limitations

10. Where the disputes arises from CARL

11. Labor disputes or controversies arising from ER-EE relationship;

12. Actions to annul judgment upon a compromise which may be filed directly in court.

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Q: Where is the Venue of barangay conciliation?

Dispute Venue
Disputes between persons actually residing The dispute shall be brought for amicable
in the same barangay settlement before the lupon of said barangay.

Those involving actual residents of different It shall be brought in the barangay where the
barangays within the same city or respondent or any of the respondents
municipality  actually resides, at the election of the
complaint.

All disputes involving real property or any It shall be brought in the barangay where the
interest therein real property or the larger portion thereof is
situated.

Those arising at the workplace where the It shall be brought in the barangay where
contending parties are employed or at the such workplace or institution is located.
institution where such parties are enrolled for
study, 

(Sec. 409)

Note: Objections to venue shall be raised in the mediation proceedings before the punong
barangay; otherwise, the same shall be deemed waived. Any legal question which may confront
the punong barangay in resolving objections to venue herein referred to may be submitted to
the Secretary of Justice, or his duly designated representative, whose ruling thereon shall be
binding. (Sec. 409)

Q: State the procedures in Barangay Conciliation

1. Who may initiate proceeding - Upon payment of the appropriate filing fee, any individual
who has a cause of action against another individual involving any matter within the authority
of the lupon may complain, orally or in writing, to the lupon chairman of the barangay.

 While the dispute is under mediation, conciliation, or arbitration, the prescriptive

periods for offenses and cause of action under existing laws shall be interrupted upon
filing the complaint with the punong barangay. The prescriptive periods shall resume
upon receipt by the complainant of the complainant or the certificate of repudiation or of
the certification to file action issued by the lupon or pangkat secretary: Provided,
however, That such interruption shall not exceed sixty (60) days from the filing of the
complaint with the punong barangay. (Sec. 410[c])

2. Mediation by lupon chairman - Upon receipt of the complaint, the lupon chairman shall
within the next working day summon the respondent(s), with notice to the complainant(s) for
them and their witnesses to appear before him for a mediation of their conflicting interests;

3. Conciliation by the Pangkat Tagapagsundo – If the lupon chairman fails in his mediation
effort within fifteen (15) days from the first meeting of the parties before him, he shall forthwith
set a date for the constitution of the pangkat.

4. Issuance of summons; hearing; grounds for disqualification – The pangkat shall convene not
later than three (3) days from its constitution, on the day and hour set by the lupon chairman, to
hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable
settlement. For this purpose, the pangkat may issue summons for the personal appearance of
parties and witnesses before it.

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  In all katarungang pambarangay proceedings, the parties must appear in person
without the assistance of counsel or representative, except for minors and incompetents
who may be assisted by their next-of-kin who are not lawyers. (Sec. 415)

In the event that a party moves to disqualify any member of the pangkat by reason of
relationship, bias, interest, or any other similar grounds discovered after the constitution of the
pangkat, the matter shall be resolved by the affirmative vote of the majority of the pangkat
whose decision shall be final. Should disqualification be decided upon, the resulting vacancy
shall be filled as herein provided for.

5. The pangkat shall arrive at a settlement or resolution of the dispute within fifteen (15) days
from the day it convenes in accordance with this section. This period shall, at the discretion of
the pangkat, be extendible for another period which shall not exceed fifteen (15) days, except in
clearly meritorious cases.

6. The amicable settlement and arbitration award shall have the force and effect of a final
judgment of a court upon the expiration of ten (10) days from the date thereof, unless
repudiation of the settlement has been made or a petition to nullify the award has been filed
before the proper city or municipal court. (Sec. 416)

However, this provision shall not apply to court cases settled by the lupon under the last
paragraph of Section 408 of this Code, in which case the compromise settlement agreed upon
by the parties before the lupon chairman or the pangkat shall be submitted to the court and
upon approval thereof, have the force and effect of a judgment of said court. (Sec. 416)

The last paragraph of Sec. 408 provides that the court in which non-criminal cases not falling
within the authority of the lupon under this Code are filed may, at any time before trial motu
propio refer the case to the lupon concerned for amicable settlement.
 The Court appeals not to favor referral of cases falling under summary procedure to the
lupon for amicable settlement because sec. 7 & 8 of the Rule on Summary Procedure
mandate a preliminary conference which is precisely for the purpose of giving room for
possible amicable settlement. (Diaz vs. Gestapa, Jr.)

Repudiation

7. Any party to the dispute may, within ten (10) days from the date of the settlement, repudiate
the same by filing with the lupon chairman a statement to that effect sworn to before him,
where the consent is vitiated by fraud, violence, or intimidation. Such repudiation shall be
sufficient basis for the issuance of the certification for filing a complaint as hereinabove
provided.
 Failure to repudiate the settlement within the 10-day period shall be deemed a waiver
of the right to challenge the settlement on said ground. (Katarungan Pambarangay
Rules)

Execution

8. The amicable settlement or arbitration award may be enforced by execution by the lupon
within six (6) months from the date of the settlement. After the lapse of such time, the
settlement may be enforced by action in the appropriate city or municipal court. (Sec. 417)
 The plain words of the law mandate that the period of six months should be computed
from the date of settlement. However, the Court declared that it cannot be strictly
applied in certain cases. (Vidal vs. Escueta)
 Sec. 417 of the LGC is only applicable if the contracting parties have not repudiated such
settlement within 10 days from the date of settlement. If the amicable settlement is
repudiated by one party, the other party has two options: (1) to enforce the compromise
in accordance with the LGC or the Rules of Court, as the case may be, or (2) to consider
it rescinded and insist upon his original demand in accordance with Art. 2041 of the
Civil Code. Moreover, according to the tenor of Art. 2041, no action for recission is
required, and the party aggrieved by the breach of the compromise agreement, may if he

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 chooses, bring the suit contemplated or involved in the original demand, as if there had
never been any compromise. (Miguel vs. Montonez)

SMALL CLAIMS

Q: What is the scope?

It shall govern the procedure in actions before the Metropolitan Trial Courts (MeTCs),
Municipal Trial Courts in Cities (MTCCs), Municipal Trial Courts (MTCs) and Municipal
Circuit Trial Courts (MCTCs) for payment of money where the value of the claim does not
exceed P400,000 for MeTCs and P300,000 for MTCCs, MTCs and MCTCs, exclusive on interest
and costs. (Sec. 1)

Q: When to apply?
The Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and
Municipal Circuit Trial Courts shall apply this Rule in all actions that are purely civil in nature
where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of
sum of money.
The claim or demand may be:
(a) For money owed under any of the following:
1. Contract of Lease;
2. Contract of Loan;
3. Contract of Services;
4. Contract of Sale; or
5. Contract of Mortgage;

(b) For liquidated damages arising from contracts;

 Unliquidated damages even arising from contract cannot be brought under the rules on
small claims.
 Damages arising from quasi-delict cannot be brought under the rules on small claims.

(c) The enforcement of a barangay amicable settlement or an arbitration award involving a

money claim covered by this Rule pursuant to Sec. 417 of Republic Act 7160, otherwise known
as The Local Government Code of 1991. (Sec. 6)

Q: How to commence an action in small claims?

A small claims action is commenced by filing with the court an accomplished and verified
Statement of Claim (Form 1-SCC) in duplicate, accompanied by a Certification Against Forum
Shopping, Splitting a Single Cause of Action, and Multiplicity of Suits (Form 1-A SCC), and two
(2) duly certified photocopies of the actionable document/s subject of the claim, as well as the
affidavits of witnesses and other evidence to support the claim. No formal pleading, other than
the Statement of Claim/s described in this Rule, is necessary to initiate a small claims action.
(Sec. 6)
 No evidence shall be allowed during the hearing which was not attached to or
submitted together with the Statement of Claim, unless good cause is shown for the
admission of additional evidence. (Sec. 6)
 The plaintiff must state in the Statement of Claims if he/she/it is engaged in the
business of lending, banking and similar activities, and the number of small claims cases
filed within the calendar year regardless of judicial station. (Sec. 6)

Q: How to respond with the accomplished and verified Statement of Claim (Form 1-SCC)?
The defendant shall file with the court and serve on the plaintiff a duly accomplished and
verified Response within a non-extendible period of ten (10) days from receipt of summons. The
Response shall be accompanied by certified photocopies of documents, as well as affidavits of
witnesses and other evidence in support thereof. (Sec. 13)
 No evidence shall be allowed during the hearing which was not attached to or
submitted together with the Response, unless good cause is shown for the admission of
additional evidence. (Sec. 13)

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Q: What is the effect of failure to file a response?
Should the defendant fail to file his/her/its Response within the required period, and likewise
fail to appear on the date set for hearing, the court shall render judgment on the same day, as
may be warranted by the facts alleged in the Statement of Claim/s. (Sec. 14)

Should the defendant fail to file his/her/its Response within the required period but appears
on the date set for hearing, the court shall ascertain what defense he/she/it has to offer which
shall constitute his/her/its Response, and proceed to hear or adjudicate the case on the same
day as if a Response has been filed. (Sec. 14)

Q: Are the parties required to appear at the hearing?

Yes. The parties shall personally appear on the designated date of hearing.

However, appearance through a representative of an individual is allowed provided:

1. it must be for a valid cause;
2. the representative of an individual-party must not be a lawyer and must be related to or next-
of-kin of the individual-party. 
3. the representative must be authorized under a Special Power of Attorney (Form 7-SCC) to
enter into an amicable settlement of the dispute and to enter into stipulations or admissions of
facts and of documentary exhibits.

For juridical entities, their representative shall not be represented by a lawyer in any capacity.
(Sec. 18)

Q: May an attorney appear in behalf of the parties?

No.  No attorney shall appear in behalf of or represent a party at the hearing, unless the
attorney is the plaintiff or defendant. (Sec. 19)

If the court determines that a party cannot properly present his/her claim or defense and needs
assistance, the court may, in its discretion, allow another individual who is not an attorney to
assist that party upon the latter's consent. (Sec. 19)

Q: What are the effects for non-appearance of a party?

Failure of the plaintiff to appear shall be cause for the dismissal of the Statement of Claim/s
without prejudice. The defendant who appears in the absence of the plaintiff shall be entitled to
judgment on a permissive counterclaim.

Failure of the defendant to appear shall have the same effect as failure to file a Response under
Section 14 of this Rule.1âwphi1 This shall not apply where one of two or more defendants who
are sued under a common cause of action and have pleaded a common defense appears at the
hearing.

Failure of both parties to appear shall cause the dismissal with prejudice of both the Statement
of Claim/s and the counterclaim. (Sec. 20)

Q: What are the duties of the judge?

1. At the beginning of the court session, the judge shall read aloud a short statement explaining
the nature, purpose and the rule of procedure of small claims cases.
2. At the hearing, the judge shall first exert efforts to bring the parties to an amicable settlement
of their dispute. If efforts at settlement fail, the hearing shall immediately proceed in an
informal and expeditious manner and be terminated within the same day.
3. Any settlement (Form 8-SCC) or resolution of the dispute shall be reduced into writing,
signed by the parties and submitted to the court for approval (Form 9-SCC and Form 10-SCC).

Q: When shall the court render its decision?

After the hearing, the court shall render its decision based on the facts established by the
evidence (Form 11-SCC), within twenty-four (24) hours from termination of the hearing. . (Sec.
24)

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Q: What is the nature of the decision?
The decision shall be final, executory and unappealable. . (Sec. 24)

Q: Do you still need to file a motion for execution?

Yes. When the decision is rendered, execution shall issue upon motion (Form 12-SCC) of the
winning party. (Sec. 25)

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES

Q: What is the scope?
These Rules shall govern the procedure in civil, criminal and special civil actions before the
Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal
Trial Courts and Municipal Circuit Trial Courts involving enforcement or violations of
environmental and other related laws, rules and regulations. (Sec. 1)
 It must be noted that the Rules remain consistent with prevailing jurisprudence
regarding the doctrine of exhaustion of administrative remedies and primary
jurisdiction.

Q: When to apply?
These Rules apply to environmental cases arising from laws that relate to the conservation,
development, preservation, protection and utilization of the environment and natural resources.
These may include environmental laws and those laws that may contain provisions that relate
to the environment but are not environmental laws per se.

In addition, since this section covers “civil, criminal and special civil actions...involving
enforcement or violations of environmental and other related laws” these Rules may apply in
other suits not necessarily based on environmental laws or laws containing environmental
provisions. Specifically, for example, if a defendant in a civil damages or defamation suit (the
case of which is governed by the regular rules of civil/criminal procedure) invokes a SLAPP
defense then these Rules shall apply insofar as the SLAPP defense is concerned.

Civil Procedure

Q: May courts issue TRO or preliminary injunction?

Except the Supreme Court, no court can issue a TRO or writ of preliminary injunction against
lawful actions of government agencies that enforce environmental laws or prevent violations
thereof. (Sec. 10)
 In availing of the exception, the movant must overcome the presumption of regularity in
the performance of a duty by the respondent government agency or official. The judge
must then require a higher standard and heavier burden of proof.

Q: What is a consent decree?

It refers to a judicially-approved settlement between concerned parties based on public interest
and public policy to protect and preserve the environment.

Q: What is TEPO?
It refers to an order issued by the court directing or enjoying any person or government agency
to perform or desist from performing an act in order to protect, preserve or rehabilitate the
environment.
 The temporary environmental protection order (TEPO) integrates both prohibitive and
mandatory reliefs in order to appropriately address the factual circumstances
surrounding the case. This is derived from the nature of an EPO, which, as defined, is an
“order issued by the court directing or enjoining any person or government agency to
perform or desist from performing an act in order to protect, preserve, or rehabilitate the
environment.”

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  The Rules provide that an applicant who files for the issuance of a TEPO is exempt from
the posting of a bond, but the Rules also provide for safeguards for the possible
pernicious effects upon the party or person sought to be enjoined by the TEPO:
1. A TEPO may only be issued in matters of extreme urgency and the applicant
will suffer grave injustice and irreparable injury,
2. The TEPO effective for only seventy- two (72) hours; and
3. The court should periodically monitor the existence of acts which are the
subject matter of the TEPO
4. The TEPO can being lifted anytime as the circumstances may warrant.
 While the TEPO may be issued ex parte, this is more of the exception. The general rule on
the conduct of a hearing, pursuant to due process, remains.

Q: How to dissolve a TEPO?

The TEPO may be dissolved:
1. if it appears after hearing that its issuance or continuance would cause irreparable damage to
the party or person enjoined
2. While the applicant may be fully compensated for such damages as he may suffer and
3. Subject to the posting of a sufficient bond by the party or person enjoined.
4. The grounds for motion to dissolve a TEPO shall be supported by affidavits of the party or
person enjoined

Q: What are the reliefs in a citizen suit?

If warranted, the court may grant to the plaintiff proper reliefs which shall include:
1.the protection, preservation or rehabilitation of the environment and
2. the payment of attorney’s fees, costs of suit and other litigation expenses.
3. It may also require the violator to submit a program of rehabilitation or restoration of the
environment, the costs of which shall be borne by the violator, or
4. to contribute to a special trust fund for that purpose subject to the control of the court.
 No damages can be awarded in a citizen suit. This measure is in line with the policy that
a citizen suit is filed in the public interest, and in effect, it is the environment which is
vindicated in the action. Hence, a party or person who suffers damage or injury arising
from an environment prejudice which is also the same subject of citizen suit cannot
claim for damages in a citizen suit since it is the environment that is vindicated in the
action. The only recourse of a party or person who wishes to recover damages for injury
suffered is to file a separate action under Sec. 4, Rule 2.

Q: What is the nature of the judgment?

Any judgment directing the performance of acts for the protection, preservation or
rehabilitation of the environment shall be executory pending appeal unless restrained by the
appellate court.
 A judgment rendered pursuant to these Rules is immediately executory. It may not be
stayed by the posting of a bond under Rule 39 of the Rules of Court and the sole remedy
lies with the appellate court. The appellate court can issue a TRO to restrain the
execution of the judgment and should the appellate court act with grave abuse of
discretion in refusing to act on the application for a TRO, a petition for certiorari under
Rule 65 can be brought before the Supreme Court.

Q: May the court convert TEPO into EPO or Continuing Mandamus?

Yes. In the judgment, the court may convert the TEPO to a permanent EPO or issue a writ of
continuing mandamus directing the performance of acts which shall be effective until the
judgment is fully satisfied.
 In this provision, continuing mandamus is made available as a final relief. As a remedy,
continuing mandamus is decidedly an attractive relief. Nevertheless, the monitoring
function attached to the writ is decidedly taxing upon the court. Thus, it is meant to be
an exceptional remedy. Among others, the nature of the case in which the judgment is
issued will be a decisive factor in determining whether to issue a writ of continuing
mandamus.

Q: What are the prohibited pleadings?

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The following pleadings or motions shall not be allowed: 
1. Motion to dismiss the complaint; 
2. Motion for a bill of particulars; 
3, Motion for extension of time to file pleadings, except to file answer, the extension not to
exceed fifteen (15) days; 
4. Motion to declare the defendant in default; 
5, Reply and rejoinder; and 
6. Third party complaint. 

 Motion for intervention is permitted in order to allow the public to participate in the filing and
prosecution of environmental cases, which are imbued with public interest.

 Petitions for certiorari are likewise permitted since these raise fundamentally questions of
jurisdiction. Under the Constitution, the Supreme Court may not be deprived of its certiorari
jurisdiction.

SLAPP

Q: What is Strategic Lawsuit Against Public Participation? (SLAPP)

It refers legal action, whether civil, criminal, or administrative, filed  to harass, vex, exert undue
pressure or stifle any legal recourse that any person, institution or the government has taken or
may take in the enforcement of environmental laws, protection of the environment or assertion
of environmental rights shall be treated as a SLAPP and shall be governed by these Rules.

Q: How to alleged SLAPP?

In a SLAPP filed against a person involved in the enforcement of environmental laws,
protection of the environment, or assertion of environmental rights, the defendant may file an
answer interposing as a defense that the case is a SLAPP and shall be supported by documents,
affidavits, papers and other evidence; and, by way of counterclaim, pray for damages,
attorney’s fees and costs of suit.
 In the context of environmental rights protection, a SLAPP suit may occur in the
following scenarios, among others:
1. X files a complaint in an environmental case against A (violator of environmental
laws) and the A retaliates by filing a complaint for damages against X;
2. X is a witness in a pending environmental case against A and the latter retaliates by
filing a complaint for damages or libel against X; or
3. X is an environmental advocate who rallies for the protection of environmental rights
and a complaint for damages is filed against him by A.

Q: What is the quantum of proof required?

The party seeking the dismissal of the case must prove by substantial evidence that his act for
the enforcement of environmental law is a legitimate action for the protection, preservation and
rehabilitation of the environment.

The party filing the action assailed as a SLAPP shall prove by preponderance of evidence that
the action is not a SLAPP and is a valid claim. 

Q: What are the consequences if the court dismisses the action?

1. The court may award damages, attorney’s fees and costs of suit under a counterclaim if such
has been filed.
2. The dismissal shall be with prejudice.
 The dismissal of a SLAPP suit constitutes res judicata and is a bar to the refiling of a similar
case.

Q: What are the consequences if the court rejects the defense of a SLAPP?
1. The evidence adduced during the summary hearing shall be treated as evidence of the parties
on the merits of the case.
2. The action shall proceed in accordance with the Rules of Court.

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Special Proceeding

1. Writ of Kalikasan

Q: What is a writ of Kalikasan?

It is a remedy:
1. To a natural or juridical person, entity authorized by law, people’s organization, non-
governmental organization, or any public interest group accredited by or registered with any
government agency;
2. On behalf of persons whose constitutional right to a balanced and healthful ecology is
violated, or threatened with violation;
3. By an unlawful act or omission of a public official or employee, or private individual or
entity;
4. Involving environmental damage of such magnitude as to prejudice the life, health or
property of inhabitants in two or more cities or provinces.
 The underlying emphasis in the Writ of Kalikasan is magnitude as it deals with damage
that transcends political and territorial boundaries.
 Those who may file for this remedy must represent the inhabitants prejudiced by the
environmental damage subject of the writ.
 The requirement of accreditation of a group or organization is for the purpose of
verifying its existence. The accreditation is a mechanism to prevent “fly by night”
groups from abusing the writ.

Q: Where to file?
The petition shall be filed with the Supreme Court or with any of the stations of the Court of
Appeals.
 The magnitude of the environmental damage is the reason for limiting where the writ
may be filed, to the Supreme Court or Court of Appeals whose jurisdiction is national in
scope.

Q: Is the petitioner required to pay docket fees?

No. The petitioner shall be exempt from the payment of docket
 The exemption from payment of docket fees is consistent with the character of the reliefs
available under the writ, which excludes damages for personal injuries. This exemption
also encourages public participation in availing of the remedy.

Q: What are the prohibited pleadings and motions?

The following pleadings and motions are prohibited: 
1. Motion to dismiss; 
2. Motion for extension of time to file return; 
3. Motion for postponement; 
4. Motion for a bill of particulars; 
5. Counterclaim or cross-claim; 
6. Third-party complaint; 
7. Reply; and 
8.Motion to declare respondent in default.
 The enumerated pleadings and motions are prohibited to expedite the hearing of the
petition.
 A motion for intervention is excluded from this enumeration. Allowing this motion is a
reaffirmation of the public participation aspect in the Writ of Kalikasan since there may
be a large, qualified pool of possible representatives interested in availing of the remedy.

Q: What is the nature of the hearing?

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The environmental damage subject of the writ may involve issues that are of a complex
character, and for this reason, the hearing is not summary. The abbreviated time frame
required, however, insures that the proceedings are expedited. (Unlike in SLAPP where hearing
is summary)

Q: What are the discovery measures under the Writ of Kalikasan?

A party may file a verified motion for the following reliefs: 
1. Ocular Inspection; order — The motion must show that an ocular inspection order is necessary
to establish the magnitude of the violation or the threat as to prejudice the life, health or
property of inhabitants in two or more cities or provinces. It shall state in detail the place or
places to be inspected. It shall be supported by affidavits of witnesses having personal
knowledge of the violation or threatened violation of environmental law. 

After hearing, the court may order any person in possession or control of a designated land or
other property to permit entry for the purpose of inspecting or photographing the property or
any relevant object or operation thereon. 

The order shall specify the person or persons authorized to make the inspection and the date,
time, place and manner of making the inspection and may prescribe other conditions to protect
the constitutional rights of all parties. 

2. Production or inspection of documents or things; order – The motion must show that a production
order is necessary to establish the magnitude of the violation or the threat as to prejudice the
life, health or property of inhabitants in two or more cities or provinces. 

After hearing, the court may order any person in possession, custody or control of any
designated documents, papers, books, accounts, letters, photographs, objects or tangible things,
or objects in digitized or electronic form, which constitute or contain evidence relevant to the
petition or the return, to produce and permit their inspection, copying or photographing by or
on behalf of the movant. 

The production order shall specify the person or persons authorized to make the production
and the date, time, place and manner of making the inspection or production and may prescribe
other conditions to protect the constitutional rights of all parties.

Q: What are the reliefs that may be granted under the writ?
The reliefs that may be granted under the writ are the following: 
1. Directing respondent to permanently cease and desist from committing acts or neglecting the
performance of a duty in violation of environmental laws resulting in environmental
destruction or damage; 
2. Directing the respondent public official, government agency, private person or entity to
protect, preserve, rehabilitate or restore the environment; 
3. Directing the respondent public official, government agency, private person or entity to
monitor strict compliance with the decision and orders of the court; 
4. Directing the respondent public official, government agency, or private person or entity to
make periodic reports on the execution of the final judgment; and 
5. Such other reliefs which relate to the right of the people to a balanced and healthful ecology
or to the protection, preservation, rehabilitation or restoration of the environment, except the
award of damages to individual petitioners. 

 A person who avails of the Writ of Kalikasan may also file a separate suit for the recovery
of damages for injury suffered. This is consistent with Sec.17, Institution of separate
actions.

 The reliefs that may be granted under the writ are broad, comprehensive and non-
exclusive. The reliefs regarding monitoring and periodic reports ensure enforcement of
the judgment of the court.

Q: What is the mode of appeal?

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Within fifteen (15) days from the date of notice of the adverse judgment or denial of motion for
reconsideration, any party may appeal to the Supreme Court under Rule 45 of the Rules of
Court. The appeal may raise questions of fact.

2. Writ of Continuing Mandamus

Q: What is a Writ of Continuing Mandamus?

It is a remedy when:
1. When any agency or instrumentality of the government or officer thereof
2. Unlawfully neglects the performance of an act which the law specifically enjoins as a duty
resulting from an office, trust or station in connection with the enforcement or violation of an
environmental law rule or regulation or a right therein, or unlawfully excludes another from the
use or enjoyment of such right and
3. There is no other plain, speedy and adequate remedy in the ordinary course of law.

The person aggrieved thereby may file a verified petition in the proper court, alleging the facts
with certainty, attaching thereto supporting evidence, specifying that the petition concerns an
environmental law, rule or regulation, and praying that judgment be rendered commanding the
respondent to do an act or series of acts until the judgment is fully satisfied, and to pay
damages sustained by the petitioner by reason of the malicious neglect to perform the duties of
the respondent, under the law, rules or regulations. The petition shall also contain a sworn
certification of non-forum shopping.
 As a special civil action, the Writ of Continuing Mandamus may be availed of to compel
the performance of an act specifically enjoined by law.
 It permits the court to retain jurisdiction after judgment in order to ensure the successful
implementation of the reliefs mandated under the court’s decision. For this purpose, the
court may compel the submission of compliance reports from the respondent
government agencies as well as avail of other means to monitor compliance with its
decision.
 Its availability as a special civil action likewise complements its role as a final relief in
environmental civil cases and in the Writ of Kalikasan, where continuing mandamus may
likewise be issued should the facts merit such a relief.

Writ of Continuing Madamus Writ of Kalikasan

Subject Matter
A Writ of Continuing Mandamus is directed A Writ of Kalikasan is available against an
against (a) the unlawful neglect in the unlawful act or omission of a public official
performance of an act which the law or employee, or private individual or entity,
specifically enjoins as a duty resulting from involving environmental damage of such
an office, trust or station in connection with magnitude as to prejudice the life, health or
the nforcement or violation of an property of inhabitants in two or more cities
environmental law rule or regulation or a or provinces.
right therein; or (b) the unlawfully exclusion In addition, magnitude of environmental
of another from the use or enjoyment of such damage is a condition sine qua non in a
right and in both instances, there is no other petition for the issuance of a Writ of Kalikasan
plain, speedy and adequate remedy in the and must be contained in the verified
ordinary course of law. petition.
Who may file
Available only to one who is personally Available to a broad range of persons such as
aggrieved by the unlawful act or omission. natural or juridical person, entity authorized
by law, people’s organization, non-
governmental organization, or any public
interest group accredited by or registered
with any government agency, on behalf of
persons whose right to a balanced and
healthful ecology is violated or threatened to
be violated.
Respondents

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 Only the government or its officer Respondent may be a private individual or
entity
Docket fees
Exempted
Venue
A petition for the issuance of a Writ of The application for the issuance of a Writ of
Continuing Mandamus may be filed in the Kalikasan can only be filed the in Supreme
following: (a) the Regional Trial Court Court or any of the stations of the Court of
exercising jurisdiction over the territory Appeals.
where the actionable neglect or omission
occurred; (b) the Court of Appeals; or (c) the
Supreme Court.
Discovery Measures
Does not contain any provision for discovery Incorporates the procedural environmental
measures right of access to information through the use
of discovery measures such as ocular
inspection order and production order
Damages for personal injury
Allows damages for the malicious neglect of No damages may be awarded in a petition
the performance of the legal duty of the for the issuance of a Writ of Kalikasan
respondent, identical to Rule 65, Rules of consistent with the public-interest character
Court. of the petition. A party who avails of this
petition but who also wishes to be
indemnified for injuries suffered may file
another suit for the recovery of damages
since the Rule on the Writ of Kalikasan allows
for the institution of separate actions.

Criminal Procedure

Q: Who may file?

The following persons may file a criminal complaint for the prosecution of an environmental
case:
(a) any offended party;
(b) peace officer; or
(c) any public officer charged with the enforcement of an environmental law.

Q: May damages be recovered under this rule?

Yes. When a criminal action is instituted, the civil action for the recovery of civil liability arising
from the offense charged,

In case civil liability is imposed or damages are awarded, the filing and other legal fees shall be
imposed on said award in accordance with Rule 141 of the Rules of Court, and the fees shall
constitute a first lien on the judgment award.

The damages awarded in cases where there is no private offended party, less the filing fees,
shall accrue to the funds of the agency charged with the implementation of the environmental
law violated. The award shall be used for the restoration and rehabilitation of the environment
adversely affected.
 This provision departs from the traditional rule on institution of civil actions under Rule
111 of the Rules on Criminal Procedure in that it provides for an applicable rule on the
disposition of damages where there is no private offended party. The provision likewise
codifies the essence of restorative justice when it requires that the award shall be given
to the concerned government agency. This is restorative justice transposed into the
context of environmental law.

Q: Who my conduct a warrantless arrest?

A peace officer or an individual deputized by the proper government agency may, without a
warrant, arrest a person:

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  Deputized individuals, effecting citizen’s arrest, enjoy the presumption of regularity
traditionally given to public officers under this provision.

Q: Discuss the procedure in the custody and disposition of seized items.

As a rule, the custody and disposition of seized items shall be in accordance with the applicable
laws or rules promulgated by the concerned government agency. 

However, in the absence of applicable laws or rules promulgated by the concerned government
agency, the following procedure shall be observed: 
1. The apprehending officer having initial custody and control of the seized items, equipment,
paraphernalia, conveyances and instruments shall physically inventory and whenever
practicable, photograph the same in the presence of the person from whom such items were
seized. 
2. Thereafter, the apprehending officer shall submit to the issuing court the return of the search
warrant within five (5) days from date of seizure or in case of warrantless arrest, submit within
five (5) days from date of seizure, the inventory report, compliance report, photographs,
representative samples and other pertinent documents to the public prosecutor for appropriate
action. 
3. Upon motion by any interested party, the court may direct the auction sale of seized items,
equipment, paraphernalia, tools or instruments of the crime. The court shall, after hearing, fix
the minimum bid price based on the recommendation of the concerned government agency.
The sheriff shall conduct the auction. 
4. The auction sale shall be with notice to the accused, the person from whom the items were
seized, or the owner thereof and the concerned government agency. 
5. The notice of auction shall be posted in three conspicuous places in the city or municipality
where the items, equipment, paraphernalia, tools or instruments of the crime were seized. 
6. The proceeds shall be held in trust and deposited with the government depository bank for
disposition according to the judgment.

Q: Is bail available?
Yes.  Bail in the amount fixed may be filed with the court where the case is pending, or in the
absence or unavailability of the judge thereof, with any regional trial judge, metropolitan trial
judge, municipal trial judge or municipal circuit trial judge in the province, city or municipality.

If the accused is arrested in a province, city or municipality other than where the case is
pending, bail may also be filed with any Regional Trial Court of said place, or if no judge
thereof is available, with any metropolitan trial judge, municipal trial judge or municipal circuit
trial judge therein.

If the court grants bail, the court may issue a hold-departure order in appropriate cases.

Q: What are the duties of the court before granting bail?

Before granting the application for bail, the judge must read the information in a language
known to and understood by the accused and require the accused to sign a written undertaking,
as follows: 
1.To appear before the court that issued the warrant of arrest for arraignment purposes on the
date scheduled, and if the accused fails to appear without justification on the date of
arraignment, accused waives the reading of the information and authorizes the court to enter a
plea of not guilty on behalf of the accused and to set the case for trial; 
2. To appear whenever required by the court where the case is pending; and 
3. To waive the right of the accused to be present at the trial, and upon failure of the accused to
appear without justification and despite due notice, the trial may proceed in absentia.

 A key innovation in this section is the execution of an undertaking by the accused and
counsel, empowering the judge to enter a plea of not guilty, in the event the accused fails
to appear at the arraignment. This authorization permits the court to try the case in
absentia, within the period provided under these Rules. This addresses a fundamental
concern surrounding the prosecution of criminal cases in general, where the accused

15
 jumps bail and the court unable to proceed with the disposition of the case in view of the
absence of the accused and the failure to arraign the latter.

Q: Is plea bargaining allowed?

Yes.  On the scheduled date of arraignment, the court shall consider plea-bargaining
arrangements. Where the prosecution and offended party or concerned government agency
agree to the plea offered by the accused, the court shall: 
1. Issue an order which contains the plea-bargaining arrived at; 
2. Proceed to receive evidence on the civil aspect of the case, if any; and
3. Render and promulgate judgment of conviction, including the civil liability for damages. 

Q: Is subsidiary liability available?

Yes. In case of conviction of the accused and subsidiary liability is allowed by law, the court
may, by motion of the person entitled to recover under judgment, enforce such subsidiary
liability against a person or corporation subsidiary liable under Article 102 and Article 103 of
the Revised Penal Code.
 Annotation. This provision codifies the ratio decidendi in Philippine Rabbit Bus Lines v. Court of
Appeals and applies the principle therein to environmental criminal cases, to facilitate recovery of
damages and other relief from persons subsidiarily liable in the event of insolvency of the
accused.
 The phrase “person entitled to recover” was employed in this provision to indicate that other
parties apart from the prevailing party may be entitled to recover.

Evidence

1.Precautionary Principle

Q: What is precautionary principle?

It states that when human activities may lead to threats of serious and irreversible damage to
the environment that is scientifically plausible but uncertain, action shall be taken to avoid or
diminish that threat.
 The precautionary principle finds direct application in the evaluation of evidence in
cases before the courts. The precautionary principle bridges the gap in cases where
scientific certainty in factual findings cannot be achieved. By applying the precautionary
principle, the court may construe a set of facts as warranting either judicial action or
inaction, with the goal of preserving and protecting the environment.
 This may be further evinced from the second paragraph where bias is created in favor of
the constitutional right the people to a balanced and healthful ecology. In effect, the
precautionary principle shifts the burden of evidence of harm away from those likely to
suffer harm and onto those desiring to change the status quo.
 For purposes of evidence, the precautionary principle should be treated as a principle of
last resort
 When these features — uncertainty, the possibility of irreversible harm, and the
possibility of serious harm — coincide, the case for the precautionary principle is
strongest. When in doubt, cases must be resolved in favor of the constitutional right to a
balanced and healthful ecology.

Q: What are the requisites?

1. There are threats of serious and irreversible damage to the environment;
2. Lack of full scientific certainty in establishing a causal link between human activity and
environmental effect; and
3. Cost-effective measure to prevent environmental degradation shall not be postponed.

Q: What are the judicial standards for application of precautionary principle?

In applying the precautionary principle, the following factors, among others, may be
considered:
(1) threats to human life or health;
(2) inequity to present or future generations; or

16
(3) prejudice to the environment without legal consideration of the environmental rights of
those affected.

2. Documentary evidence

When may photographic, video or similar evidence be admissible?

Photographs, videos and similar evidence of events, acts, transactions of wildlife, wildlife by-
products or derivatives, forest products or mineral resources subject of a case shall be
admissible
when authenticated:
1. by the person who took the same;
2. by some other person present when said evidence was taken; or
3. by any other person competent to testify on the accuracy thereof.

Q: Are entries in official records prima facie evidence of the facts therein stated?
Yes, provided it made in the performance of his duty by a public officer of the Philippines, or by
a person in performance of a duty specially enjoined by law.

ALTERNATIVE DISPUTE RESOLUTION

Court Annexed Mediation (CAM) A.M. No. 19-10-20-SC

Q: What is the coverage of CAM?

1. All civil actions
2. All Special Actions, except Rule 63, 64, 65, and 71
3. Special Proceedings cases for settlement of estate where the dispute involved claims against
the estate or distribution of estate
4. Intellectual property cases
5. Commercial or intra-corporate dispute
6. Environmental cases
7. Civil cases covered by Summary Procedure

Q: What are cases not subject to compromise?

A. Civil cases
1. Civil Status of a person;
2. The validity of marriage or legal separation;
3. Any ground for legal separation;
4. Future support;
5. Jurisdiction of courts;
6. Future legitime;

B. Habeas corpus

C. Special Proceedings for probate of the will

D. Cases pending with applications for restraining order or preliminary injunction

Note: in cases covered under (1) civil status of a person and (2) habeas corpus where the parties
inform the court that they have agreed to undergo meditation on some other aspect thereof,
such as custody of minor, separation of property, or support pendente lie, the court shall refer
them to mediation.

Q: Discuss the procedure for CAM.

With settlement:
1. Setting of CAM during pre-trial;
 This is indicated in the notice of pre-trial
 CAM is always conducted at the end of pre-trial
2. Referral of parties and lawyers to Philippine Mediation Center;

17
3. Conduct of Mediation for 30 days;
 This is non-extendible
4. If settled draft the compromise agreement;
5. Submit the compromise agreement to the court for approval
6. Judgment of the Court.
 The judgment must indicate that the compromise agreement was entered into and
concluded by the parties through CAM.

Without settlement
1. Setting of CAM during pre-trial
2. Referral of parties and lawyers to Philippine Mediation Center;
3. Conduct of Mediation for 30 days;
4. If no settlement, mediator will report to Court
5. Court shall determine of the need of Judicial Dispute Resolution
 This is discretionary upon the court.
 If the court decided that JDR is not necessary then proceed to trial.
6. JDR

Q: Discuss the procedure in JDR.

With settlement:
1. Determination of the need for JDR
2. Refer to the JDR judge
3. JDR judge conducts mediation and conciliation
4. If settled, execution of Compromise Agreement
5. Referral of JDR judge to referring judge
 Referring judge is the judge where the case is raffled. JDR judge is the judge to whom
the JDR was referred to.
6. Judgment based on compromise
 Unlike in CAM, no need for the approval of the court since JDR is conducted by a judge.

Without settlement:
1. Determination of the need for JDR
2. Refer to the JDR judge
3. JDR judge conducts mediation and conciliation
4. No settlement, refer back to referring judge/
5. Trial will proceed

Matters to Remember in CAM and JDR

1. CAM is only for 30 calendar days; extension is no allowed; (Sec. 8, Rule 18)
2. JDR, which is for a period of 15 days, is discretionary; extension of time is allowed; (Sec. 8,
Rule 18)
3. Pre-trial must first be terminated before CAM or JDR is conducted; (Sec. 5, Rule 18)
4. Appearance of lawyer and party is required in CAM and JDR; (Sec. 4, Rule 18)
5. Non-appearance of either or both lawyer and party is the same of non-appearance during
pre-trial. (Sec. 5, Rule 18)

ADR

Q: What is the state policy on ADR?

To actively promote party autonomy in the resolution of disputes or the freedom of the party to
make their own arrangements to resolve their disputes. 

Q: What is the concept of ADR?

It is a system using means and methods allowed by law and approved by the parties, for the
purpose of resolving or facilitating the resolution of disputes and controversies between them,
in expeditious and speedy manner, without resorting to court adjudication. (Robeniol, ADR,
2015)

Q: What is the definition of ADR under RA9285?

18
It means any process or procedure used to resolve a dispute or controversy, other than by
adjudication of a presiding judge of a court or an officer of a government agency, as defined in
this Act, in which a neutral third party participates to assist in the resolution of issues, which
includes (1) arbitration, (2) mediation, (3) conciliation, (4) early neutral evaluation, (5) mini-trial,
or (6) any combination thereof. (Sec. 3)

Q: What is arbitration?
It means a voluntary dispute resolution process in which one or more arbitrators, appointed in
accordance with the agreement of the parties, or rules promulgated pursuant to this Act, resolve
a dispute by rendering an award. (Sec. 3)
 The decision of the arbitrator is binding

Q: What is mediation?
It means a voluntary process in which a mediator, selected by the disputing parties, facilitates
communication and negotiation, and assist the parties in reaching a voluntary agreement
regarding a dispute. (Sec. 3)

Q: What is Conciliation?
It is the adjustment and settlement of dispute in a friendly, un-antagonistic manner.

Q: What is Neutral Evaluation?

It means an ADR process wherein parties and their lawyers are brought together early in a pre-
trial phase to present summaries of their cases and receive a nonbinding assessment by an
experienced, neutral person, with expertise in the subject in the substance of the dispute. (Sec. 3)

Q: What is mini-trial?
It means a structured dispute resolution method in which the merits of a case are argued before
a panel comprising senior decision makers with or without the presence of a neutral third
person after which the parties seek a negotiated settlement. (Sec. 3)

Q: What is Court Annexed Mediation?

It means any mediation process conducted under the auspices of the court, after such court has
acquired jurisdiction of the dispute. (Sec. 3)

Arbitration

Q: What are the kinds of Arbitration?

1. International
2. Domestic
3. International Commercial
4. Foreign

Q: When do we say if the arbitration is international?

1. The parties’ places of business, at the time of the conclusion of that agreement, are in different
states;
2. The place of arbitration provided in the arbitration agreement and the parties’ place of
business are outside of the Philippines.
3. The place where a substantial part of the obligation is to be performed or place with the
subject matter of the dispute is most closely connected, is outside of the Philippines
4. The parties have expressly agreed that the subject matter of arbitration agreement relates to
more than one country. (Art. 1.6(8), IRR of ADR Law)

In short, these places must be outside of the Philippines:

1. Places of business, at the time of the conclusion of that agreement;
2. Place of arbitration provided in the arbitration agreement and place of business
3. The place where a substantial part of the obligation is to be performed
4. The place with the subject matter of the dispute is most closely connected

Q: What is domestic arbitration?

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Anything not within the purview of Art. 1.6(8), IRR of ADR Law is a domestic arbitration.
Hence, it is domestic if the components of parties places of business, place of arbitration, place
where a substantial part of the obligation is to be performed, place with the subject matter of the
dispute is most closely connected, are all located in the Philippines.

Q: When is Arbitration considered international Commercial?

It is commercial if it covers matters arising from all relationships of commercial nature,
whether contractual or not, with international arbitration component.

Q: What is foreign arbitration?

It is foreign if the seat of arbitration is outside the Philippines even if the place of arbitration is
in the Philippines.
 Example: Singapore International Commerce went to the Philippines to conduct
arbitration. The seat of arbitration is in Singapore but the place of arbitration is in the
Philippines.

Q: What brings about arbitration?

It is the arbitration agreement which brings about arbitration proceedings. It must be in writing
and subscribed by the parties.
 If no arbitration agreement, go to court.
 If there is an arbitration agreement, follow the procedures under the said agreement. If
you don’t follow the agreement, it is a breach of agreement.

Q:
Arbitration Agreement
There is arbitration agreement when the
parties to any contract agree to settle by
arbitration a controversy thereafter arising
between them.
Submission Agreement
There is submission agreement when two or
more persons or parties submit to the
arbitration of one or more arbitrator any
controversy existing between them at the
time of submission.

Special Rules of Court on ADR (A.M. No. 07-11-08-SC, September 1, 2009)

Q: What are the subject matters of the Rules?

1. Relief on the issue of Existence, Validity or Enforceability of Arbitration Agreement;
2. Referral to ADR;
3. Interim measures of Protection;
4. Appointment of Arbitrator;
5. Challenge to Appointment of Arbitrator
6. Termination of Mandate of Arbitrator;
7. Assistance of taking evidence
9. Confirmation, correction or vacation of award in domestic arbitration
10. Recognition and Enforcement or setting aside of an award in International Commercial
Arbitration
11. Recognition and Enforcement of foreign Arbitral award
12. Confidentiality/protective order
13. Deposit and enforcement of mediated settlement agreement.

Q: Enumerate cases which are summary in nature.

1. Relief on the issue of Existence, Validity or Enforceability of Arbitration Agreement;
2. Referral to ADR;
3. Interim measures of Protection;
4. Appointment of Arbitrator;
5. Challenge to Appointment of Arbitrator
6. Termination of Mandate of Arbitrator;
7. Assistance of taking evidence
8. Confidentiality/protective order
9. Deposit and enforcement of mediated settlement agreement.

20
Q: Enumerate cases which are not summary in nature.
1. Confirmation, correction or vacation of award in domestic arbitration
2. Recognition and Enforcement or setting aside of an award in International Commercial
Arbitration
3. Recognition and Enforcement of foreign Arbitral award

Q: What are the prohibited submissions under the Rules?

1. Motion to Dismiss
2. Motion for bill for particulars
3. Motion for new trial or for reopening of trial;
4. Petition for relief from judgment
5. Motion for extension, except in cases where an ex-parte temporary order of protection has
been issued;
6. Rejoinder or reply
7. Motion to declare a party in default
8. Any other pleading specifically disallowed under any provisions of the Special ADR Rules.

Rule 3: Judicial relief on the issue of Existence, Validity or Enforceability of Arbitration

Agreement

Q: What is judicial relief on the issue of Existence, Validity or Enforceability of Arbitration

Agreement?
It is a relief to determine the existence, validity or enforceability of arbitration agreement, and
shall apply only when the place of arbitration is in the Philippines.

Q: Who may file the petition?

Any party to an arbitration agreement may petition the appropriate court to determine
any question concerning the existence, validity or enforceability of such arbitration
agreement serving a copy thereof on the respondent.

Q: When to file?
It may be filed at any time prior to the commencement of arbitration
 Despite the pendency of the petition to determine the existence, validity or
enforceability of arbitration agreement, arbitral proceedings may nevertheless be
commenced and continue to the rendition of an award, while the issue is
pending before the court.

Q: Where is the venue?

Filed before the RTC of the place where any of the petitioners or respondents has his
principal place of business or residence.
 In fact it is tried by the designated special court.

Q: What are the grounds?

The petition may only be granted if it is shown that the arbitration agreement is, under
the applicable law:
1. invalid;
2. void;
3. unenforceable; or
4. inexistent

Matters that must be considered under Rule 3:

1. The court must exercise judicial restraint in accordance with the policy set forth in Rule 2.4,
deferring to the competence or jurisdiction of the arbitral tribunal to rule on its competence or
jurisdiction.
 Principle of competence-competence: the arbitral award may initially rule on
its own jurisdiction, including any objections with respect to the existence or
validity of the arbitration agreement or any condition precedent to the filing of
a request for arbitration.

21
  Where the court is asked to make a determination of whether the arbitration
agreement is null and void, under this policy of judicial restraint, the court
must make no more than a prima facie determination of that issue.

2. A prima facie determination by the court upholding the validity or enforceability of an

arbitration agreement shall not be subject to a MR, appeal or certiorari

3. Such prima facie determination will not, however, prejudice the right of any party to raise
the issue of existence, validity and enforceability of the arbitration agreement before the
arbitral tribunal or the a court in an action to vacate or set aside the arbitral award.

Rule 5: Interim Measures

Q: What interim protection 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
a third 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.

Q: Who may ask for interim measures of protection?

A party to an arbitration agreement may petition the court for interim measures of protection.

Q: When to file?
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 but,
at this stage, only to the extent that the arbitral tribunal has no power to act or is unable to act
effectively.

Q: What are the grounds which the court may consider in granting interim protection?
The following grounds, while not limiting the reasons for the court to grant an interim measure
of protection, 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; or
d. The need to compel any other appropriate act or omission.

Q: May the Court issue temporary order of protection on the basis of the petition?
Yes. If the court finds that there is an urgent need to either:
(a) preserve property,
(b) prevent the respondent from disposing of, or concealing, the property, or
(c) prevent the relief prayed for from becoming illusory because of prior notice,

The court shall issue an immediately executory temporary order of protection and require the
petitioner, within five (5) days from receipt of that order, to post a bond to answer for any
damage that respondent may suffer as a result of its order.

The ex-parte temporary order of protection shall be valid only for a period of twenty (20) days
from the service on the party required to comply with the order.

Q: What should court do after it issued TOP ex parte?

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 Within (20days from service) that period, the court shall: 
a. Furnish the respondent a copy of the petition and a notice requiring him to comment
thereon 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 twenty (20) day period of the effectivity of the ex-parte
order.

Q: How may respondent lift the TOP?

The respondent has the option of having the temporary order of protection lifted by
posting an appropriate counter-bond as determined by the court.

Q: What is the effect If respondent was given an opportunity to be heard on a petition for an
interim measure of protection?
Any order by the court shall be immediately executory, but may be the subject of a motion for
reconsideration and/or appeal or, if warranted, a petition for certiorari.

Rule 12: Recognition and Enforcement or setting aside of an International Commercial

Arbitration Award (ICAA)

Q: Who may request recognition and enforcement or setting aside ICAA?

Any party to an international commercial arbitration in the Philippines may petition the proper
court to recognize and enforce or set aside an arbitral award.

Q: When to file?
The petition for enforcement and recognition of an arbitral award may be filed anytime from
receipt of the award.
 The arbitral award cannot enforce by tribunal itself. The party in the Philippines must
file a petition for enforcement and recognition of an arbitral award before the court.

If, however, a timely petition to set aside an arbitral award is filed, the opposing party must file
therein and in opposition thereto the petition for recognition and enforcement of the same
award within the period for filing an opposition.
 The petition to set aside an arbitral award may invoked in the opposition to the petition
for enforcement and recognition of an arbitral award like in the nature of counterclaim.

Q: When may petition for petition to set aside ICAA be filed?

The petition to set aside an arbitral award may only be filed within three (3) months from the
time the petitioner receives a copy thereof. If a timely request is made with the arbitral tribunal
for correction, interpretation or additional award, the three (3) month period shall be counted
from the time the petitioner receives the resolution by the arbitral tribunal of that request.

Q: Where is the venue?

A petition to recognize and enforce or set aside an arbitral award may, at the option of the
petitioner, be filed with the Regional Trial Court:
(a) where arbitration proceedings were conducted;
(b) where any of the assets to be attached or levied upon is located;
(c) where the act to be enjoined will be or is being performed;
(d) where any of the parties to arbitration resides or has its place of business; or
(e) in the National Capital Judicial Region.

Q: What are the ground to set aside or resist enforcement of international commercial
arbitration?
The party making the application furnishes proof that:
1. A party to the arbitration agreement was under some incapacity, or the said agreement is not
valid under the law to which the parties have subjected it or, failing any indication thereof,
under Philippine law; or

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2. The party making the application to set aside or resist enforcement was not given proper
notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable
to present his case; or

3. The award deals with a dispute not contemplated by or not falling within the terms of the
submission to arbitration, or contains decisions on matters beyond the scope of the submission
to arbitration;

Provided that, if the decisions on matters submitted to arbitration can be separated from those
not so submitted, only that part of the award which contains decisions on matters not submitted
to arbitration may be set aside or only that part of the award which contains decisions on
matters submitted to arbitration may be enforced.
4. The composition of the arbitral tribunal or the arbitral procedure was not in accordance with
the agreement of the parties, unless such agreement was in conflict with a provision of
Philippine law from which the parties cannot derogate, or, failing such agreement, was not in
accordance with Philippine law;

The court finds that:

1. The subject-matter of the dispute is not capable of settlement by arbitration under the law of
the Philippines; or
2. The recognition or enforcement of the award would be contrary to public policy.

Take note: Recourse to a court against an arbitral award shall be made only through a petition
to set aside the arbitral award and on grounds prescribed by the law that governs international
commercial arbitration. Any other recourse from the arbitral award, such as by appeal or
petition for review or petition for certiorari or otherwise, shall be dismissed by the court.

Rule 13: Recognition and Enforcement of Foreign Arbitral Award

Q: Who may request recognition and enforcement?

Any party to a foreign arbitration may petition the court to recognize and enforce a foreign
arbitral award.

Q: When to file the petition?

At any time after receipt of a foreign arbitral award, any party to arbitration may petition the
proper Regional Trial Court to recognize and enforce such award.

Q: Where is the venue?

The petition to recognize and enforce a foreign arbitral award shall be filed, at the option of the
petitioner, with the Regional Trial Court
(a) where the assets to be attached or levied upon is located,
(b) where the act to be enjoined is being performed,
(c) in the principal place of business in the Philippines of any of the parties,
(d) if any of the parties is an individual, where any of those individuals resides, or
(e) in the National Capital Judicial Region.

Q: What are the grounds to refuse recognition and enforcement?

A Philippine court shall not set aside a foreign arbitral award but may refuse it recognition and
enforcement on any or all of the following grounds:

The party making the application to refuse recognition and enforcement of the award furnishes
proof that:
1. A party to the arbitration agreement was under some incapacity; or the said agreement is not
valid under the law to which the parties have subjected it or, failing any indication thereof,
under the law of the country where the award was made; or
2. The party making the application was not given proper notice of the appointment of an
arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or
3. The award deals with a dispute not contemplated by or not falling within the terms of the
submission to arbitration, or contains decisions on matters beyond the scope of the submission

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to arbitration; provided that, if the decisions on matters submitted to arbitration can be
separated from those not so submitted, only that part of the award which contains decisions on
matters not submitted to arbitration may be set aside; or
4. The composition of the arbitral tribunal or the arbitral procedure was not in accordance with
the agreement of the parties or, failing such agreement, was not in accordance with the law of
the country where arbitration took place; or
5. The award has not yet become binding on the parties or has been set aside or suspended by a
court of the country in which that award was made; or

The court finds that:

1. The subject-matter of the dispute is not capable of settlement or resolution by arbitration
under Philippine law; or
2. The recognition or enforcement of the award would be contrary to public policy.
Note: The court shall disregard any ground for opposing the recognition and enforcement of a
foreign arbitral award other than those enumerated above.

Take note:
1. It is presumed that a foreign arbitral award was made and released in due course of
arbitration and is subject to enforcement by the court.
2. The court shall recognize and enforce a foreign arbitral award unless a ground to refuse
recognition or enforcement of the foreign arbitral award under this rule is fully established.
3. The decision of the court recognizing and enforcing a foreign arbitral award is immediately
executory.

Special Civil Action under Special Rules of Court on ADR

Q: What are the subject matter of SCA for Certiorari?

A special civil action for certiorari may be filed against the following orders of the court.
1. Holding that the arbitration agreement is inexistent, invalid or unenforceable;
2. Reversing the arbitral tribunal’s preliminary determination upholding its jurisdiction;
3. Denying the request to refer the dispute to arbitration;
4. Granting or refusing an interim relief;
5. Denying a petition for the appointment of an arbitrator;
6. Confirming, vacating or correcting a domestic arbitral award;
7. Suspending the proceedings to set aside an international commercial arbitral award and
referring the case back to the arbitral tribunal; 
8. Allowing a party to enforce an international commercial arbitral award pending appeal; 
9. Adjourning or deferring a ruling on whether to set aside, recognize and or enforce an
international commercial arbitral award;
10. Allowing a party to enforce a foreign arbitral award pending appeal; and
11. Denying a petition for assistance in taking evidence.

Take note:
1. The petition must be filed with the Court of Appeals within fifteen (15) days from notice of
the judgment, order or resolution sought to be annulled or set aside. No extension of time to
file the petition shall be allowed.
2. The petition shall be accompanied by a certified true copy of the questioned judgment,
order or resolution of the Regional Trial Court, copies of all pleadings and documents
relevant and pertinent thereto, and a sworn certification of non-forum shopping as provided
in the Rules of Court.
3. The court shall dismiss the petition if it fails to comply with the above rules, or upon
consideration of the ground alleged and the legal briefs submitted by the parties, the petition
does not appear to be prima facie meritorious.
4.  A petition for certiorari to the court from the action of the appointing authority or the
arbitral tribunal allowed under this Rule shall not prevent the arbitral tribunal from
continuing the proceedings and rendering its award. Should the arbitral tribunal continue

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with the proceedings, the arbitral proceedings and any award rendered therein will be subject
to the final outcome of the pending petition for certiorari.
5. The Court of Appeals shall not, during the pendency of the proceedings before it, prohibit
or enjoin the commencement of arbitration, the constitution of the arbitral tribunal, or the
continuation of arbitration.

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