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REVISED RULES ON SUMMARY PROCEDURE iv. Rendition of judgment - Within 30 days after receipt of
Rule shall govern the summary procedure in the MTC, MTC in the last affidavits and position papers, or the expiration
Cities, MCTC. of the period for filing the same, the court shall render
Civil Cases Criminal Cases judgment.
1. Forcible entry and 1. Traffic Laws Note: judgment shall be immediately executory upon motion of
unlawful detainer 2. Rental Law Violations; plaintiff, unless defendant-appellant perfects the appeal to RTC
Irrespective of the amount 3. Municipal or City
and files a supersedeas bond within period to appeal.
of damages or unpaid Ordinances;
rentals sought; 4. All other criminal cases
2. All other civil cases where where penalty is v. Appeal - The judgment or final order of the MTC shall
total amount of plaintiff’s imprisonment not be appealable to the appropriate RTC.
claim does not exceed PHP exceeding 6 months Notes on Appeal: Decision of the RTC in civil cases shall be
100,000 or PHP 200,000 in and/or fine not immediately executory without prejudice to further appeal.
Metropolitan Manila, exceeding 1K; and XPN: when defendant appeals judgment of RTC to CA
exclusive of interest and 5. Any offense of damage to
and applies therein a writ of preliminary injunction.
costs. property thru criminal
XPN: Probate proceedings. negligence where
imposable penalty do not APPEARANCES in Preliminary Conference
exceed 10K.  Failure of the Plaintiff to Appear: cause for the dismissal
of his complaint.
When it shall NOT apply: To a civil or criminal case where an  Failure of Sole Defendant to Appear: plaintiff shall be
offense or cause of action is pleaded or charged in the same entitled to judgment.
complaint that is subject to ordinary procedure.  Defendant who appears in the absence of the plaintiff:
entitled to judgment on his counterclaim.
Determination of applicability:
Upon filing, the court shall issue an order declaring No Hearing: in civil cases, no hearing is conducted. Instead, the
whether or not the case shall be governed by this rule. parties are required to submit their respective position papers.
If submitted affidavit is inadmissible, court may motu proprio
Effect of failure to answer: the court, motu proprio, or on cause it to be expunge or a portion thereof from the records.
motion of the plaintiff, shall render judgment as may be
warranted by the facts alleged in the complaint and limited to PROHIBITED PLEADINGS AND MOTIONS
what is prayed for therein. Allowed Pleadings: all pleadings shall be verified.
a. Complaint
Procedure: b. Compulsory counterclaim, pleaded in the answer
Preliminary Action of the Court c. Cross-claim, pleaded in the answer
d. Answer to these pleadings
 Outright dismissal.
Prohibited Pleadings: (Same with Small Claims)
- After the court determines that the case falls under
a. Motion to dismiss.
summary procedure, it may dismiss the case outright XPN:
on any of the grounds apparent therefrom for the  For lack of JD over the subject matter; or
dismissal of a civil action; or  Failure to comply with referral to Lupon for
 Issue summons. conciliation when required.
- If no ground for dismissal is found the court shall issue b. Motion for a bill of particulars
summons c. MNT or MR, or for opening of trial
d. Petition for relief from judgment
e. Motion for extension of time
Summary Procedure f. Memoranda
i. Preliminary Conference - Held not later than 30 days g. Petition for CPM against any interlocutory order
after the last answer is filed. h. Motion to declare the defendant in default
ii. Record of Preliminary Conference - Court shall issue i. Dilatory motions for postponement
an order stating the matters taken up within 5 days j. Reply
after the termination of the preliminary conference. k. Third party complaints
l. Interventions
iii. Submission of affidavits and position papers - Within 10
days from the receipt of the record of preliminary
conference.
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RULES OF PROCEDURE FOR SMALL CLAIMS CASES
SCOPE: Civil actions for payment of money where the value of
the claim does not exceed PHP 400,000 in cases filed before the
MeTC, and P300,000 in cases filed before the MCTC, MTCS, and
MTCC, exclusive of interest and costs.
Nature if Cases Covered: Purely civil in nature where claims is
solely for the payment or reimbursement of sum of money.
Notes:
 Plaintiff may join one or more separate small claims against
a defendant provided that the amount still falls within the
jurisdictional amount of the rules.
Commencement: Filing of verified Statement of Claim, with the
following attachments:
 Certification of Non-forum Shopping, Splitting a Single
Cause of Action, and Multiplicity of Suits;
 Certified copies of the actionable document/s; and
 Affidavits of witnesses and other evidence to support
the claim
Note: No evidence shall be allowed during the hearing which
was not attached to or submitted together with the Claim or
Response, unless good cause is shown for admission of
additional evidence.
Affidavit: If submitted affidavit is inadmissible, court may motu
proprio cause it to be expunged or a portion thereof from the
records.
Compulsory Counterclaim: The defendant shall file a
counterclaim in his Response if he possesses a claim against the
plaintiff that:
a. Within the coverage of Small Claims Court and is not
the subject of another pending action;
b. Arises out of the same transaction or event that is the
subject matter of the plaintiff’s claim; and
c. Does not require for its adjudication the joinder of
third parties.
Permissive Counterclaim: Defendant may elect to file a
counterclaim that does not arise from the same transaction or
occurrence, but the amount and nature is within the coverage
of the Rule, and payment of the prescribed docket fees and
other legal fees.
Remember: The rules on mediation/JDR shall not apply
inasmuch as the parties may enter into compromise at any
stage of the proceedings.
Plaintiffs engaged in the business of lending, banking, and
similar activities:
 Must state in the statement of claim that he is so engaged
as such; and
 Must indicate the number of small claims cases filed
within the calendar year regardless of judicial action.
 Statement of Claim shall be filed where such branch is
located.
Misrepresentation: Dismissal with Prejudice and meted with
appropriate sanctions such as direct contempt.
Payment of Docket Fees: Plaintiff shall pay the docket fees,
unless allowed to litigate as an indigent.
Indigent: Must file a Claim with a motion to sue as
indigent –if denied, plaintiff shall be given 5 days within which
to pay the docket fees, otherwise, case is dismissed but without
prejudice.
Important: In no case shall a party, even if declared an indigent,
be exempt from the payment of the P1,000.00 fee for service of
summons and processes.
Court Action on Statement of Claim:
If upon examination of the allegations contained, court
may dismiss the case outright on any of the grounds for
the dismissal of the case apparent and state if such
dismissal is with or without prejudice; or
If no ground for dismissal is found, the court shall issue
summons directing defendant to submit a verified
response.
Response: may be filed within a non - extendible period of 10
days from receipt of summons.
Failure to File Response: Depends.
 If defendant fails to appear on the date set for hearing:
- Court by itself shall render judgment as may be
warranted by the facts alleged in the Statement of
claim.
 If defendant appears on the date set for hearing:
- 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.
 If both plaintiff and defendant fail to appear:
- Dismissal with prejudice of both the Statement of
Claim and the Counterclaim.
Note: When case does not fall under Small Claims but still
within the JD of the first-level court – it shall not be dismissed
but instead re-docketed under the proper procedure.
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Postponement of hearing: A request for postponement of
hearing may be granted only upon proof of the physical inability
of the party.
Note: A party may only avail of 1 postponement.
Hearing: It shall be set not more than 30 days from the filing of
the statement of claims.
 Judge shall first exert efforts to bring the parties to an
amicable settlement of their dispute;
 If the attempt at an amicable settlement fails, the
hearing shall so proceed and shall be terminated
within the same day;
 After the hearing, the court shall render its decision
within 24 hours from termination of the hearing;
 The decision shall be final, executory, and
unappealable.
Remedy of Losing Party: certiorari petitions under Rule 65,
assailing its dispositions should be filed before their
corresponding Regional Trial Courts.
APPEARANCES: Parties shall personally appear on the
designated date of hearing.
XPN: Appearance through a Representative.
REQUISITES:
a. Representative must not be a lawyer;
b. He must be related to or next-of-kin of the individual
party;
c. Authorized under a Special Power of Attorney to enter
into amicable settlements, etc; and
d. Must be for a valid cause.
Lawyer Prohibition: No attorney shall appear in behalf of or
represent a party at a hearing.
XPN: if the attorney is the plaintiff or defendant
himself.
XPN to the xpn: Juridical entities shall not be represented by a
lawyer in any capacity.
When Party Needs Assistance: The court may in its discretion,
allow another individual who is not a lawyer, to assist the party
upon the latter’s consent.
KATARUNGANG PAMBARANGAY
Nature: They do not have adjudicatory powers, and so are not
considered as judicial proceedings but are in the form of
conciliation or mediation aimed for amicable settlement.
Affirmative Defense: When case falls under the coverage, the
compulsory process of arbitration is required and is a
precondition to the filing of the complaint in the court.
The complaint should be dismissed where the
complaint:
 Did not state that it is one of the excepted cases;
 Did not allege prior availment of the conciliation process; or
 Did not have a certification that no conciliation or
settlement had been reached by the parties.
Note: court may not dismiss a case motu proprio for failing to
comply with the requirement of barangay conciliation, as it is
only considered as an affirmative defense, and failure to raise it
in the answer makes it waived.
EXCEPTIONS TO COVERAGE: Directly go to court in the
following instances:
1. The other party is the Government;
2. The other party is a public officer or EE relating to
performance of official duties;
3. Involves real properties located in different localities;
XPN: if parties thereto agree to submit to amicable
settlement by an appropriate lupon.
4. If against a corporation, partnership or juridical entities;
5. When there is no private offended party;
6. Parties residing in different localities;
XPN: When there barangay units adjoin each other and
parties thereto agree to submit to amicable settlement by
an appropriate lupon.
7. Dispute arose from the Agrarian Law (CARP);
8. Labor disputes arising from ER-EE relationship;
9. Actions to annul judgment upon compromise; and
10. When urgent legal action is needed, such as:
 When accused is under police custody or detention;
 Petition for Habeas Corpus;
 Actions coupled with Provisional remedies;
 Actions that may be barred by statute of limitations.
EXECUTION: The amicable settlement may be enforced by
Execution by the Lupon, within 6 months from the date of
settlement.
After Lapse of 6 Months: Execution by action in the appropriate
city or municipal court.
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Form of Settlement:  Jurisdiction of courts; or

a. Must be in writing;
b. In a language or dialect known to the parties;
c. Signed by the parties; and
d. Attested to by the Lupon or Pangkat Chairman.
Effect of Amicable Settlement:
It shall have the effect of a final judgment of a court
upon the expiration of 10 days from date thereof from which to
file a repudiation.
 Future Legitime.
Amicable Settlement = Res Judicata
Being a by-product of mutual concessions and good
faith of the parties, it is deemed to have the force and effect of
res judicata even if not judicially approved. (Miguel v
Montanez, 2012)

REPUDIATION: Any party to the dispute may within 10 days

from date of settlement, file to the Lupon Chairman a
Statement of Repudiation.

Ground: That consent was vitiated by fraud, violence, or

intimidation.

Failure to Repudiate: Deemed waiver of the right to challenge

the amicable settlement reached.

When Party Fails or Refuses To Comply with the Settlement:

The other party may either:
 Enforce the compromise; or
 Regard it as rescinded and insist upon his original
demand.

VENUE:
Dispute
between persons actually
residing in the same barangay
actual residents of different
barangays within the same
city or municipality
involving real property or any
interest therein
arising from the workplace
where parties are employed,
or at the institution where
such parties are enrolled for
study
Venue
brought before the lupon of
said barangay.
brought in the barangay
where the respondent or any
of the respondents actually
resides, at the election of the
complainant
brought in the barangay
where the real property or the
larger portion thereof is
situated.
Shall be brought in the
barangay where such
workplace or institution is
located.

Objections: Objections as to the propriety of venue shall be

raised before the Punong Barangay, otherwise barred.

Where NO COMPROMISE is Allowed:

 Civil status of persons;
 Validity of Marriage or legal separation;
 Future Support;
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PROCEDURE FOR ENVIRONMENTAL CASE
Civil Procedure
Who May File: Any real party in interest may file a civil action
involving the enforcement or violation of any environmental
law. It shall state that it is an environmental case and the law
involved.
Service of the complaint on the government: plaintiff is
required to furnish the government or the appropriate agency,
although not a party, a copy of the complaint upon filing.
CITIZEN’S SUIT
Any Filipino citizen in representation of others,
including minors or generations yet unborn, may file an action
to enforce rights or obligations under environmental laws.
Prohibition Against Temporary Restraining Order and
Preliminary Injunction:
GR: No court shall issue a TRO or writ of preliminary injunction
against lawful actions of government agencies that enforce
environmental laws or prevent violations thereof. ONLY THE
SUPREME COURT CAN.
Remedy of Urgent Relief: Apply for TEPO (Temporary
Environmental Protection Order). The lower courts may grant
the same when it appears from the complaint that the matter
is:
 Of extreme urgency; and
 Applicant will suffer grave injustice and irreparable injury.
Note: The applicant shall be exempted from the posting of a
bond for the issuance of a TEPO.
Pre-trial Conference: Duties of the Judge
a. Judge shall exert to persuade the parties to arrive at a
settlement of the dispute; and
b. May issue a consent decree approving the agreement.
CONSENT DECREE: A judicially-approved settlement between
concerned parties based on public interest and public policy to
protect and preserve the environment.
Failure of PLAINTIFF to Failure of DEFENDANT to
Appear at Pre-Trial: Appear at Pre-Trial:
Court shall not dismiss The court shall receive
complaint. evidence ex parte.
XPN: Upon repeated and
unjustified failure of the
plaintiff to appear –dismissal
shall be without prejudice.
Prohibited Pleadings and Motions:
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 15 days;
4. Motion to declare the defendant in default;
5. Reply and rejoinder; and
6. Third party complaint
Temporary Environmental Protection Order (TEPO)
Upon filing of the complaint with prayer for the
issuance of a TEPO, it shall be ex parte issued by the court.
Effectivity: 72 hours from date of the receipt of the TEPO by the
party or person enjoined.
Duty of the Court: Within the 72-hour period, the court shall
conduct a summary hearing to determine whether the TEPO
may be extended until the determination of the case.
Ground to Dissolve TEPO: It may be dissolved if it appears after
hearing that its continuance would:
 cause irreparable damage to the party or person enjoined;
WHILE
 the applicant may be fully compensated for such damages
as he may suffer.
Condition: Dissolution of TEPO shall be subject to the posting of
a sufficient bond by the party or person enjoined.
Judgment and Execution:
GR: Any judgment directing the performance of acts for the
protection, preservation or rehabilitation of the environment
shall be executory pending appeal.
XPN: If restrained by the appellate court.
Note: Executory judgments pending appeal may not be stayed
by posting a bond, as the sole remedy lies with the appellate
court.
How to Stay the Execution: The appellate court can issue a TRO
to restrain the execution of the judgment. If the appellate court
acts with grave abuse of discretion in refusing to act with the
TRO, a petition for Certiorari under Rule 65 before SC shall be a
proper recourse.
Reliefs in a Citizen’s Suit: The court may grant to the Plaintiff
the following reliefs:
 protection, preservation or rehabilitation of the
environment;
 payment of attorney’s fees, costs of suit, and other
litigation expenses;
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 require the violator to submit a program of rehabilitation SLAPP as a Defense

or restoration of the environment; or In a Civil Case: In a Criminal Case:
 to contribute to a special trust fund for that purpose Defendant may: Accused may before
subject to the control of the court. 1. File an answer interposing as arraignment, file a motion to
an affirmative defense that dismiss on the ground that the
the case is a SLAPP; and criminal action is a SLAPP.
No Damages Recoverable:
2. By way of counterclaim, pray
Citizen suit is filed in the public interest, and in effect, for damages, attorney’s fees
it is the environment which is vindicated in the action. and cost of suit.
Remedy: The only recourse of a party or person who wishes to
recover damages for injury suffered is to file a separate action. Quantum of Evidence
Party Seeking Dismissal Party filing the Action Assailed
COURT ACTION: In the judgment, the court may either: (Defendant) (Complainant)
 Convert the TEPO to a permanent EPO; OR Must prove by substantial Shall prove by preponderance
 Issue a writ of continuing mandamus. evidence that his act is a of evidence that the action is
legitimate action for the not a SLAPP and is a valid
protection, preservation and claim.
Environmental Protection Order rehabilitation of the
Orders issued by the court directing or enjoining any environment.
person or government agency to perform or desist from
performing an act in order to protect, preserve, or rehabilitate Resolution of SLAPP Defense
the environment. Defense is Accepted: Defense is Rejected:
 Action shall be dismissed  Action shall proceed.
Writ of Continuing Mandamus with prejudice.
A writ issued by a court in an environmental case
Special Proceedings
directing any agency or instrumentality of the government or
officer thereof to perform an act or series of acts decreed by WRIT OF KALIKASAN WRIT OF CONTINUING
MANDAMUS
final judgment which shall remain effective until judgment is
Subject Matter
fully satisfied. Available against an unlawful Directed against:
act or omission of a public a. the unlawful neglect in the
SLAPP: Strategic Lawsuit Against Public Participation official or employee, or private performance of an act
A legal action filed to harass, vex, exert undue pressure individual/entity, involving specifically enjoined by law
or stifle any legal recourse that any person, institution or the environmental damage of in connection with the
government has taken or may take in the enforcement of such magnitude as to enforcement/ violation of an
prejudice the life, health or environmental rule; or
environmental laws, protection of the environment or assertion
property of inhabitants in two b. the unlawfully exclusion of
of environmental rights. or more cities or provinces. another from the use or
enjoyment of such right.
Applicability: not only to suits that have been filed in the form Note: In both instances, there
of a countersuit, but also to suits that are about to be filed with is no other plain, speedy and
the intention of discouraging the aggrieved person from adequate remedy in the
bringing a valid environmental complaint before the court. ordinary course of law.
Who May File
Available only to the person Available to a broad range of
Note: Determination of SLAPP shall be set for hearing by the personally aggrieved by the persons:
court, which shall be summary in nature. unlawful act or omission.  Natural and juridical
persons;
 Entities authorized by law;
 People’s Organizations, or
any public interest groups,
on behalf of persons
whose right to a balanced
and healthful ecology is
violated or threatened to
be violated.
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Respondent Requisite for Request for Discovery Measures: that it be

May be a public or private Only the government or its necessary to establish the magnitude of the violation or the
individual or entity. officers. threat as to prejudice life, health or property.
Venue
 RTC exercising territorial JD; SC or CA.
WRIT OF CONTINUING MANDAMUS
 CA;
Writ issued by the court directing any agency of the
 SC.
Damages for Personal Injury government or officer thereof to perform acts decreed by final
No damages may be rewarded Allows damages for malicious judgment which shall remain effective until judgment is fully
consistent with public-interest neglect of his legal duty. satisfied.
character of the petition. Grounds for Issuance:
Docket Fees 1. When respondent unlawfully neglects the performance of
Exempt from payment of Exempt from payment of an act which the law specifically enjoins as a duty resulting
docket fees. docket fees.
from ones office; or
Discovery Measures
2. When respondent unlawfully excludes another from the
Does not contain any Ocular Inspection and
provision for discovery Production or Inspection use or enjoyment of such right; and
measures. Order. 3. There is no other plain, speedy or adequate remedy.

WRIT OF KALIKASAN
Special Remedy available against an unlawful act or
omission of a public official or EE, or private individual or entity
–involving environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants.
Requisites or Facts to be Proved: For a writ of Kalikasan to
issue, the following shall be proved and alleged:
a. The actual or threatened violation of the constitutional
right to a balanced and healthful ecology;
b. That such threatened or actual violation arises from an
unlawful act or omission of a public official or EE, or
private individual or entity;
c. The environmental law or regulation violated or
threatened to be so; and
d. The environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants.
Reliefs that May be Granted:
 To permanently cease and desist from committing or
neglecting the performance of a duty in violation of envi
laws;
 Directing respondents to protect, preserve, rehabilitate or
restore the environment;
 Monitoring of strict compliance of the order of the court
and to make periodic reports; or
 Such other reliefs which relate to the right of the people to a
balanced and healthful ecology.
XPN: No award of damages may be granted by the court to
individual petitioners.
Note: The filing of petition for the issuance of this writ shall not
preclude the filing of separate civil, criminal or admin actions.
Where to File: RTC exercising JD over the territory where the
actionable neglect or omission occurred, or with CA or SC.
Criminal Procedure
Who may file: Any offended party, peace officer, or any public
officer charged with the enforcement of an environmental law
may file a complaint.
Special Prosecutor: When there is no private offended party, a
counsel whose services are offered by any person or
organization may be allowed by the court as a special
prosecutor, with the consent of and subject to the control and
supervision of the public prosecutor.
Arrest Without a Warrant in ENVI Cases:
A peace officer or an individual deputized by the
proper government agency may, without a warrant, arrest a
person:
 When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to
commit an offense; or
 When an offense has just been committed, and he has
probable cause to believe based on personal knowledge of
facts and circumstances that the person to be arrested has
committed it.
Note: Individuals deputized by the proper government agency
who are enforcing environmental laws shall enjoy the
presumption of regularity.
Subsidiary Liabilities: The court may enforce subsidiary liability
against a person or corporation subsidiarily liable, when:
1. The accused is convicted;
2. Subsidiary liability is allowed by law; and
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3. A motion was filed by the person entitled to recover
under judgment.
Precautionary Principle
When human activities may lead to threats of serious
and irreversible damage to the environment that is scientifically
plausible but uncertain, actions shall be taken to avoid or
diminish that threat.
Documentary Evidence: Photographs, videos, and similar
evidence of events shall be admissible when authenticated by:
 The person who took the same;
 Some other person present when said evidence was
taken; or
 Any other person competent to testify on the accuracy
thereof.
ALTERNATIVE DISPUTE RESOLUTION
ADR – a process/procedure used to resolve a dispute, other
than by adjudication of a presiding judge of a court or an officer
of a government agency, in which a neutral third party
participates to assist in the resolution of the issues.
Arbitration
One on which one or more arbitrators, (appointed by the
agreement of the parties) resolve a dispute by rendering an
award.
Commercial Arbitration – Covers matters arising from all
relationships of a commercial nature, whether contractual or
not.
Mediation
One 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.
Mediation-Arbitration
A step dispute resolution process involving both
mediation and arbitration.
Mini Trial
One 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.
Court-Annexed Mediation
Mediation process conducted under the auspices of the
court, after such court has acquired JD of the dispute.
Important: Court-annexed mediation is now MANDATORY after
pre-trial.
DOMESTIC ARBITRATION – arbitration that is not international.
International Arbitration: The arbitration is international of:
1. When parties have their places of business in different
States, at the time of the conclusion of the agreement;
2. When one of the following places are situated outside the
State of the place of business of the parties:
i. The place of arbitration according to the arbitration
agreement;
ii. Place where the substantial part of the obligations of the
commercial relationship is to be performed;
iii. Place where the subject-matter of the dispute is most
closely connected; or
iv. When parties expressly agreed that subject-matter of the
agreement is related to more than one country.
Important: A Construction Industry Arbitration Commission
arbitral award need not be confirmed by the RTC to be
executory.
JUDICIAL REVIEW OF ARBITRAL AWARDS
Arbitral Tribunals do NOT Exercise Quasi-Judicial Powers
They acquire JD over the parties and the subject matter
through stipulation. An arbitral tribunal is a creature of contract
while the quasi-judicial bodies are creatures of law.
Note: As they do not exercise quasi-judicial powers, the arbitral
award may not be assailed through a special civil action of
certiorari –arbitral tribunal is not a government organ
exercising powers that are within the ambit of certiorari.
Arbitral Awards not Appealable to the Courts:
As private alternative court proceedings, arbitration is
meant to be an end, not the beginning of litigation. The award
becomes final and binding on the parties by reason of the
contract –arbitration agreement.
(what is appealed to the courts is its recognition and
enforcement, rejection and modification, but the decision itself
is final.)
Remember: The court cannot substitute its judgment for that of
the arbitral tribunal.
Court: It is deemed as a Special Proceeding and shall be filed
with the RTC.
Venue:
 Where arbitration proceedings are conducted;
 Where the asset to be attached or levied upon, or the act
to be enjoined is located;
 Where any of the parties to the dispute resides or has his
place of business; or
 In the national judicial capital region, at the option of the
applicant.
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DOMESTIC Arbitral Awards
Confirmation of Award
GR: The domestic arbitral award must be confirmed by the
courts, at any time within 30 days after the award is made, for it
to be enforced.
Petition to Vacate/Modify/Correct the Award
GR: Not later than 30 days from receipt of the arbitral award.
Grounds for Modifying or Correcting the Award:
1. Evident miscalculation of figures, or evident mistake in the
description of matter referred to in the award; or
2. Arbitrators have awarded upon a matter not submitted to
them, not affecting the merits; or
3. Award is imperfect in a matter of form not affecting the
merits of the controversy.
Order Immediately Executory: The order of the RTC is
immediately executory and filing of appeal shall not stay the
award.
XPN: when the Court of Appeals directs otherwise.
Appeal: Orders of the RTC may be appealed through a Petition
for Review with the Court of Appeals.
Appeal by Certiorari: It is only discretionary upon the Supreme
court to allow the appeal in serious and compelling grounds.
GROUNDS FOR VACATING THE AWARD
1. When award was procured thru corruption, fraud or other
undue means;
2. Evident partiality or corruption in the arbitral tribunal or any
of its members;
3. Arbitral tribunal was guilty of misconduct or misbehaviour
that has materially prejudiced the right of any of the parties;
4. One or more of the arbitrators was disqualified to act and
wilfully refrained from disclosing such disqualification;
5. Arbitral tribunal exceeded its powers or imperfectly
executed them, such that complete, final and definite award
was not made;
6. Arbitration agreement do not exist or is invalid for any
ground or unenforceable; or
7. Party to arbitration is a minor or a person judicially declared
to be incompetent.
FOREIGN Arbitral Awards
Recognition and Enforcement
Petition may be filed any time from receipt of the award.
Note: If a timely petition to set aside or vacate award is filed,
the opposing party must file therein the opposition thereto
which is for the recognition and enforcement of the same –
within the period for filing of petition to set aside award (within
3 months from receipt of the award).
Prescription for Petition to Set Aside Award – it will not
automatically result in the approval of the recognition and
enforcement of the same award, the court must pronounce the
same. The only effect is that it will preclude a party from raising
grounds to resist enforcement of the award, because it is
barred.
Important: a foreign arbitral award, when confirmed by the RTC
shall be enforced as a foreign arbitral award and not a
judgment of a foreign court.
GROUNDS FOR REFUSAL OF RECOGNITION
1. A party was under some incapacity, or the agreement is not
valid under the law to which the parties have subjected it;
2. A party was not given notice of the appointment of the
arbitrator or of the arbitral proceedings, or was unable to
present his case;
3. When award deals with dispute not contemplated by or not
falling within the terms of submission to arbitration;
4. Composition of arbitral tribunal or procedure thereof was
not in accordance with the agreement;
5. When the court finds that subject matter of dispute ios not
capable of settlement by arbitration under the law; or
6. When court finds that the enforcement of the award would
be contrary to public policy.
JUDICIAL RELIEF – Petition to the court involving the issue if
existence, validity and enforceability of Arbitration Agreement.
It shall only be available if the place of arbitration designated is
in the Philippines.
Arbitration Agreement
An independent contract whereby the parties agree to
submit their dispute to an arbitrator of their own choosing and
be bound by latter’s resolution.
Construction: Courts shall liberally construe arbitration clauses.
Principle of Separability
The arbitration clause shall be treated as an agreement
independent of the other terms of the contract of which it
forms part of.
A decision that the contract is null and void shall not
entail ipso jure the invalidity of the arbitration clause. A
contrary ruling would suggest that a party’s mere repudiation of
the main contract is sufficient to avoid arbitration.
Principle of Competence-Competence
The arbitral tribunal may initially rule in its own JD,
including the objections with respect to the existence or validity
of the arbitration agreement/clause.
Note: When a court is asked to rule upon issues affecting the JD
of the arbitral tribunal –the court must exercise judicial
restraint and defer the matter by allowing the arbitral tribunal
the first opportunity to rule upon the same.
Note: If court is asked to determine WON the arbitration
agreement is null and void – the court must make no more than
a prima facie determination of the issue.
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If arbitration agreement is Prima Facie Valid:
Court must suspend the action before it and refer the
parties to arbitration pursuant to the arbitration agreement.
If Agreement is prima facie null and void:
The court shall continue with the judicial proceedings.
Note: Despite the pendency of the petition for judicial relief,
the arbitral proceeding may nevertheless be commenced and
continue to the rendition of award, while the issue is pending
before the court. The court may not enjoin the same.
When Arbitral Award is Rendered Before Court Decides on the
Judicial Relief:
The petition shall become ipso facto moot and academic
and shall be dismissed by the RTC. But dismissal shall be
without prejudice to the right of aggrieved party to raise the
same issue (that agreement is null and void) in a timely petition
to vacate the award.
If a party directly goes to court despite existence of an
arbitration agreement:
A party to a pending action may request the court to
refer the parties to arbitration in accordance with their
agreement.
Referral to Arbitration: It shall be made not later than the pre-
trial conference.
XPN: After pre-trial conference, court will only act upon
request for referral if it is made with the agreement of all
parties.
If there is NO existing arbitration agreement: When parties
subsequently agree to enter into an arbitration agreement, they
may request the court to refer the dispute to arbitration at any
time during the proceedings.
Inclusion of Third-Parties: Court may issue an order the
inclusion of parties not bound by the arbitration agreement –
but only if they agree to such inclusion and the original parties
do not object.
Effect of Referral: Court shall stay the action and refer the
parties to arbitration.
Provisional Relief: The arbitration agreement does not preclude
the parties from seeking provisional relief from the court. A
party to the agreement may petition the court for interim
measures of protection.
INTERIM MEASURES OF PROTECTION
Types of Interim Measure a Court May Grant:
 Preliminary Injunction;
 Preliminary attachment;
 Appointment of a Receiver;
 Detention, preservation, delivery or inspection of
property; or
 Assistance in the enforcement of an interim measure of
protection granted by the arbitral tribunal.
Grounds: The court may issue an Immediately Executory Order
of Protection when there is urgent need to either:
1. Preserve the property;
2. Prevent respondent from disposing of, or concealing the
property; or
3. Prevent the relief prayed for from becoming illusory
because of prior notice.
Temporary Order of Protection: It shall be valid for 20 days
from service. Extension shall not be for more than 20 days from
expiration of original period.
Lifting of the Order: Posting of an appropriate counter bond
shall lift the same.
Arbitral Tribunal can Change the Interim Measure: Any court
order issued is without prejudice to subsequent grant or
nullification or revision by the arbitral tribunal.
In case of Conflict: Order of the arbitral tribunal shall prevail.
Upon issuance of the tribunal of a conflicting measure of
protection, the court issuance previously issued shall be
deemed ipso jure modified to the extent that it is inconsistent
with the subsequent interim measure of protection issued by
the arbitral tribunal.