Remedy Special Rules Of Court on Alternative The 1997 Rules of Court

Dispute Resolution
MOTION FOR RECONSIDERATION Rule 19.1- 19.11 Rule 37
Grounds 1. That the arbitration agreement is 1. That the damages awarded are
inexistent, invalid or excessive;
unenforceable pursuant to Rule 2. That the evidence is insufficient to
3.10 (B); justify the decision or final order;
2. Upholding or reversing the arbitral 3. That the decision or final order is
tribunal’s jurisdiction pursuant to contrary to law
Rule 13.19;
3. Denying a request to refer the
parties to arbitration;
4. Granting or denying a party an
interim measure of protection;
5. Denying a petition for the
appointment of an arbitrator;
6. Refusing to grant assistance in
taking evidence;
7. Enjoining or refusing to enjoin a
person from divulging confidential
information;
8. Confirming, vacating or correcting
a domestic arbitral award;
9. Suspending the proceedings to set
aside an international commercial
arbitral award and referring the
case back to arbitral tribunal;
10. Setting aside an international
commercial arbitral award;
11. Dismissing the petition to set aside
an international commercial
arbitral award even if the court
does not recognize and/or enforce
the same;
12. Recognizing and/or enforcing, or
dismissing a petition to recognize
and/or enforce an international
commercial arbitral award;
13. Declining a request for assistance
in taking evidence;
14. Adjourning or deferring a ruling
on a petition to set aside, recognize
and/or enforce an international
commercial arbitral award;
15. Recognizing and/or enforcing a
foreign arbitral award; or refusing
recognition and/or enforcement of
the same; and
16. Granting or dismissing a petition
to enforce a deposited mediated
settlement agreement.
When to file 15 days non-extendible from receipt thereof 15 days after notice to the appellant of the
within which to file an opposition or comment judgement or final order appealed from
Motion for Reconsideration not Allowed 1. A prima facie determination
upholding the existence, validity
and enforceability of an arbitration
agreement pursuant to Rule 3.1
(A);
2. An order referring the dispute to
arbitration;
3. An order appointing an arbitrator;
4. Any ruling on the challenge to the
appointment of an arbitrator;
5. Any order resolving the issue of
the termination of the mandate of
an arbitrator; and
6. An order granting assistance in
taking evidence.
APPEALS TO THE COURT OF APPEALS Rule 19.12- 19.25 Rule 42
Grounds 1. Granting or denying an interim 1. Appeal from the judgement or final
measure of protection; order of the Regional Trial Court to the
2. Denying a petition for Court of Appeals in cases decided by
appointment of an arbitrator; the former in the exercise of its
3. Denying the petition for assistance appellate jurisdiction.
in taking evidence;
4. Enjoining or refusing to enjoin a
person from divulging confidential
information;
5. Confirming, vacating or
correcting/modifying a domestic
arbitral award;
6. Setting aside an international
commercial arbitral award;
7. Dismissing the petition to set aside
an international commercial
arbitration award even if the court
does not decide to recognize or
enforce such award;
8. Recognizing and/or enforcing an
international commercial
arbitration award;
9. Recognizing and/or enforcing a
foreign arbitral award;
10. Refusing recognition and/or
enforcement of a foreign arbitral
award;
11. Granting or dismissing a petition
to enforce a deposited mediated
settlement agreement; and
12. Reversing the ruling of the arbitral
tribunal upholding its jurisdiction.
When to file The appeal shall be filed within 15 days from The appeal shall be made within 15 days from
notice of the Regional Trial Court or denial of notice of the decision sought to be reviewed or of
the petitioner’s motion for reconsideration, by denial of petitioner’s motion for new trial or
filing a verified petition for review. reconsideration filed in due time after judgment.
Effect Does not stay of the judgement Does stay of the judgement
Other procedural requirements Filing of bond equal to the amount of the Filing of bond is not necessary
award.

SPECIAL CIVIL ACTION FOR CERTIORARI Rule 19.26- 19.35 Rule 65

Grounds Grave abuse of discretion in the 1. Tribunal, Court, Board, Corporation or
following orders of the Regional person performing judicial or quasi-
Trial Court in ADR related judicial function has acted without or in
proceedings: excess of its jurisdiction, or with grave
abuse of discretion amounting to lack
1. Holding that the arbitration or excess of jurisdiction, and there is no
agreement is inexistent, invalid appeal or any plain, speedy and
or unenforceable; adequate remedy under the ordinary
2. Reversing the arbitral tribunal’s course of law.
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.
When to file Filed within 15 days from notice of judgment, Filed not later than 60 days from notice of
order or resolution sought to be annulled or judgment, order or resolution sought to be
set aside, without the benefit of any extension reviewed.
of the time to file the same.
Effect Does not stay of the judgement Unless a writ of preliminary injunction or
temporary restraining order is issued, does not
stay the challenged proceeding

APPEAL BY CERTIORARI TO THE SUPREME Rule 19.36- 19.42 Rule 45

COURT
Grounds 1. Failed to apply the applicable 1. Involves the review of the judgement,
standard or test for judicial review award or final order on the merits.
prescribed in these Special ADR 2. Petition is based on questions of law.
Rules in arriving at its decision
resulting in substantial prejudice to
the aggrieved party;
2. Erred in upholding a final order or
decision despite the lack of
jurisdiction of the court that
rendered such final order or
decision;
3. Failed to apply any provision,
principle, policy or rule contained
in these Special ADR Rules
resulting in substantial prejudice to
the aggrieved party; and
4. Committed an error so egregious
and harmful to a party as to
amount to an undeniable excess of
jurisdiction.
When to move for reconsideration 15 days from notice of the Court of Appeal’s Filed within 15 days from notice of judgment,
judgment or final order or resolution appealed final order or resolution appealed from.
from, or from the denial of the petitioner’s
motion for new trial or reconsideration,
without prejudice to a motion for the
extension thereof of a period of 30 days for
justifiable reason.
Effect Does not stay of the judgement Does Stay the judgment or order appealed from