DISPUTE RESOLUTIONS AND What are Conflict Theories?
CRISES/INCIDENT MANAGEMENT
Definition of Terms
Dispute
A disagreement, argument, or debate. (Oxford
Languages)
Resolution
a firm decision to do or no to do something.
(Wikipedia)
Dispute Resolution
is the process of resolving disputes between
parties (Wikipedia)
Incident
an event or occurrence.
Crisis
a time of intense difficulty, trouble or danger.
Disaster
a sudden event such as an accident or natural
catastrophe, that causes great damage or loss
of life.
What is Conflict?
• A conflict is an activity which takes place
when conscious beings (individuals or
groups) wish to carry out mutually
inconsistent acts concerning their wants,
needs or obligations. (Nicholson, M.,
1992)
• Conflict may also refer to a natural
disagreement or struggle between
people which may be physical, or
between conflicting ideas. It can either be
within one person, or they can involve
several people or groups. It exists when
they have incompatible goals and one or
more believe that the behavior of the
other prevents them from their own goal
achievement.
• The word “Conflict” comes from the Latin
word “conflingere” which means to come
together for a battle.
• Conflict theory states that tensions and
conflicts arise when resources, status,
and power are unevenly distributed
between groups in society and that these
conflicts become the engine for social
change. In this context, power can be
understood as control of material
resources and accumulated wealth,
control of politics and the institutions that
make up society, and one's social status
relative to others (determined not just by
class but by race, gender, sexuality,
culture, and religion, among other
things). (Crossman, 2019)
What are Conflict Theories?
• Conflict theory originated in the work of
Karl Marx, who focused on the causes
and consequences of class conflict
between the bourgeoisie (the owners of
the means of production and the
capitalists) and the proletariat (the
working class and the poor). Many social
theorists have built on
• Marx's conflict theory to bolster it, grow it,
and refine it over the years. Many others
have drawn on conflict theory to develop
other types of theory
• So, while initially conflict theory
described class conflicts specifically, it
has lent itself over the years to studies of
how other kinds of conflicts, like those
premised on race, gender, sexuality,
religion, culture, and nationality, among
others, are a part of contemporary social
structures, and how they affect our lives.
What are the Conflict Resolution Strategies?
• Kenneth Thomas and Ralph Kilmann
(2015) developed five conflict resolution
strategies Thomas – Kilmann Instrument
or more generally known as TKI
• Conflict Strategies that people use to
handle conflict, including avoiding,
defeating, compromising,
accommodating, and collaborating.
 • The Thomas-Kilmann Instrument is
designed to measure a person’s behavior
in conflict situations. “Conflict situations”
are those in which the concerns of two
people appear to be incompatible.
• In such conflict situations, an individual’s
behavior can be described along two
dimensions: (1) assertiveness, the extent
to which the person attempts to satisfy
his own concerns, and (2)
cooperativeness, the extent to which the
person attempts to satisfy the other
person’s concerns.
The following are the five (5) Conflict Resolution
Strategies:
Conflict Resolution Strategy #1: Avoiding
• This is unassertive and uncooperative.
The person neither pursues his own
concerns nor those of the other
individual. Thus, he does not deal with
the conflict. Avoiding might take the form
of diplomatically sidestepping an issue,
postponing an issue until a better time, or
simply withdrawing from a threatening
situation.
Conflict Resolution Strategy #2: Competing
• This is assertive and uncooperative. An
individual pursues his own concerns at
the other person’s expense. This is a
power-oriented mode in which you use
whatever power seems appropriate to
win your own position—your ability to
argue, your rank, or economic sanctions.
• Competing means “standing up for your
rights,” defending a position which you
believe is correct, or simply trying to win.
Conflict Resolution Strategy #3:
Accommodating
• This is unassertive and cooperative—the
complete opposite of competing. When
accommodating, the individual neglects
his own concerns to satisfy the concerns
of the other person; there is an element
of self-sacrifice in this mode.
• Accommodating might take the form of
selfless generosity or charity, obeying
another person’s order when you would
prefer not to, or yielding to another’s point
of view.
• Also, accommodating is a strategy where
one party gives in to the wishes or
demands of another. They are being
cooperative but not assertive.
Conflict Resolution Strategy #4:
Collaborating
• It is both assertive and cooperative—the
complete opposite of avoiding.
Collaborating involves an attempt to work
with others to find some solution that fully
satisfies their concerns. It means digging
into an issue to pinpoint the underlying
needs and wants of the two individuals.
• Collaborating between two persons
might take the form of exploring a
disagreement to learn from each other’s
insights or trying to find a creativesolution
to an interpersonal problem.
Conflict Resolution Strategy #5:
Compromising
• It is moderate in both assertiveness and
cooperativeness. The objective is to find
some expedient, mutually acceptable
solution that partially satisfies both
parties. It falls intermediate between
competing and accommodating.
Compromising gives up more than
competing but less than accommodating.
Likewise, it addresses an issue more
directly than avoiding, but does not
explore it in as much depth as
collaborating.
ALTERNATIVE DISPUTE RESOLUTION
(ADR)
What is Republic Act No. 9285?
This Act is known as the "Alternative Dispute
Resolution Act of 2004.“
What is the policy of the State regarding
Alternative Dispute Resolution (ADR)?
It is hereby declared the policy of the State 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. Towards this end, the State shall
encourage and actively promote the use of
Alternative Dispute Resolution (ADR) as an
important means to achieve speedy and
impartial justice and declog court dockets.
What is the policy of the State regarding
Alternative Dispute Resolution (ADR)?
As such, the State shall provide means for the
use of ADR as an efficient tool and an alternative
procedure for the resolution of appropriate
cases. Likewise, the State shall enlist active
private sector participation in the settlement of
disputes through ADR.
Does RA 9285 limits the power of the
Supreme Court to adopt any ADR System?
No. This Act shall be without prejudice to the
adoption by the Supreme Court of any ADR
system, such as mediation, conciliation,
arbitration, or any combination thereof as a
means of achieving speedy and efficient means
of resolving cases pending before all courts in
the Philippines which shall be governed by such
rules as the Supreme Court may approve from
time to time. (Sec. 2, RA 9285)
What is Alternative Dispute Resolution?
Alternative Dispute Resolution System 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
under RA 9285, in which a neutral third party
participates to assist in the resolution of issues,
which includes arbitration, mediation,
conciliation, early neutral evaluation, mini-trial,
or any combination thereof. (Sec. 3, par. a, RA
9285)
What is Arbitration?
Arbitration 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 RA
9285, resolve a dispute by rendering an award.
(Sec. 3, par. d, RA 9285)
Note: Award means any partial or final decision
by an arbitrator in resolving the issue or
controversy.
Who is an Arbitrator?
Arbitrator means the person appointed to render
an award, alone or with others, in a dispute that
is the subject of an arbitration agreement.
(Sec. 3, par. e, RA 9285)
What is Early Neutral Evaluation?
This 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, par. n, RA 9285)
What is Mediation?
Mediation 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, par. q,
RA 9285)
Who is a Mediator?
Mediator means a person who conducts
mediation. (Sec. 3, par. r, RA 9285)
What is Mediation Party?
This means a person who participates in a
mediation and whose consent is necessary to
resolve the dispute. (Sec. 3, par. s, RA 9285)
What is Mediation-Arbitration?
"Mediation-Arbitration" or Med-Arb is a step
dispute resolution process involving both
mediation and arbitration. (Sec. 3, par. t, RA
9285)
What is Mini-trial?
This 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, par. u, RA 9285)
How arbitration, mediation and conciliation
are different from each other?
• Arbitration, mediation and conciliation
are the main Alternative Dispute
Resolution Mechanism which is
generally adopted by the people to
resolve their disputes in an informal
 manner. They try to reach a solution by
settlement or negotiation with the
assistance of a third neutral party and
have turned out to be an effective
alternative to the litigation process.
• Arbitration is a process where the parties
submit their case to a neutral third party
who on the basis of discussion determine
the dispute and comes to a solution.
• Mediation and conciliation both are an
informal process. Whereas, arbitration is
more formal as compared to them. In
mediation, the mediator generally sets
out alternatives for the parties to reach
out an agreement.
• The main advantage of the mediation is
that the settlement is made by the parties
themselves rather than a third party. It is
not legally binding on the parties. In
addition, the basic motive of mediation is
to provide opportunities to parties to
negotiate and come to a final solution
catering the needs of both sides.
• Dispute resolution through conciliation
involves the assistance of a neutral third
party who plays an advisory role in
reaching an agreement.
• The process adopted by all the three are
different but, the main purpose is to
resolve the dispute in a way where the
interest of the parties is balanced.
What is ADR Provider?
"ADR Provider" means institutions or persons
accredited as mediator, conciliator, arbitrator,
neutral evaluator, or any person exercising
similar functions in any Alternative Dispute
Resolution system.
This is without prejudice to the rights of the
parties to choose non accredited individuals to
act as mediator, conciliator, arbitrator, or neutral
evaluator of their dispute. (Sec. 3, par. b, RA
9285)
What is the liability of ADR
providers/Practitioners?
The ADR provides /practitioners shall have the
same civil liability for acts done in the
performance of their official duties as that of
public officers as provided in Section 38 (1),
Chapter 9, Book 1 of the Administrative Code of
1987, upon a clear showing of bad faith, malice
or gross negligence. (Article 1.5, IRR, RA 9285)
What are the cases wherein Republic Act No.
9285 does not apply?
The provisions of RA 9285 shall not apply to
resolution or settlement of the following:
a. Labor disputes covered by Presidential
Decree No. 442, otherwise known as the Labor
Code of the Philippines, as amended and its
Implementing Rules and Regulations;
b. The civil status of persons;
c. The validity of a marriage;
d. Any ground for legal separation;
e. The jurisdiction of courts;
f. Future legitime;
g. Criminal liability;
h. Those which by law cannot be compromised;
and
i. Those disputes referred to court-annexed
mediation. (Article 1.3, IRR, RA 9285)
THE OFFICE FOR ALTERNATIVE DISPUTE
RESOLUTION
The Office for Alternative Dispute Resolution
(OADR) is as an agency attached to the
Department of Justice. It shall have a
Secretariat and shall be headed by an Executive
Director, who shall be appointed by the
President of the Philippines, taking into
consideration the recommendation of the
Secretary of Justice. (Article 2.1., IRR, RA 9285)
Powers of the OADR?
The OADR shall have the following powers:
a. To act as appointing authority of mediators
and arbitrators when the parties agree in writing
that it shall be empowered to do so;
b. To conduct seminars, symposia, conferences
and other public fora and publish proceedings of
said activities and relevant
materials/information that would promote,
develop and expand the use of ADR;
c. To establish an ADR library or resource center
where ADR laws, rules and regulation,
jurisprudence, books, articles and other
information about ADR in the Philippines and
elsewhere may be stored and accessed;
d. To establish training programs for ADR
providers/practitioners, both in the public and
private sectors; and to undertake periodic and
continuing training programs for arbitration and
mediation and charge fees on participants. It
may do so in conjunction with or in cooperation
with the IBP, private ADR organizations, and
local and foreign government offices and
agencies and international organizations;
• Powers of the OADR?
e. To certify those who have successfully
completed the regular professional training
programs provided by the OADR;
f. To charge for services rendered such as,
among others, for training and certifications of
ADR providers;
g. To accept donations, grants and other
assistance from local and foreign sources; and
h. To exercise such other powers as may be
necessary and proper to carry into effect the
provisions of the ADR Act. (Art. 2.2., IRR, RA
9285)
• Functions of OADR?
The OADR shall have the following functions:
a. To promote, develop and expand the use of
ADR in the private and public sectors through
information, education and communication;
b. To monitor, study and evaluate the use of
ADR by the private and public sectors for
purposes of, among others, policy formulation;
c. To recommend to Congress needful statutory
changes to develop, strengthen and improve
ADR practices in accordance with international
professional standards;
• Functions of OADR?
d. To make studies on and provide linkages for
the development, implementation, monitoring
and evaluation of government and private ADR
programs and secure information about their
respective administrative rules/procedures,
problems encountered and how they were
resolved;
e. To compile and publish a list or roster of ADR
providers/practitioners, who have undergone
training by the OADR, or by such training
providers/institutions recognized or certified by
the OADR as performing functions in any ADR
system. The list or roster shall include the
addresses, contact numbers, e-mail addresses,
ADR service/s rendered (e.g. arbitration,
mediation) and experience in ADR of the ADR
providers/practitioners;
• Functions of OADR?
f. To compile a list or roster of foreign or
international ADR providers/practitioners. The
list or roster shall include the addresses, contact
numbers, e-mail addresses, ADR service/s
rendered (e.g. arbitration, mediation) and
experience in ADR of the ADR
providers/practitioners; and
g. To perform such other functions as may be
assigned to it. (Art. 2.3., IRR, RA 9285)
• State Divisions of OADR
The OADR shall have the following staff and
service divisions, among others:
a. Secretariat – shall provide necessary support
and discharge such other functions and duties
as may be directed by the Executive Director.
b. Public information and Promotion Division –
shall be charged with the dissemination of
information, the promotion of the importance
and public acceptance of mediation,
conciliation, arbitration or any combination
thereof and other ADR forms as a means of
achieving speedy and efficient means of
resolving all disputes and to help in the
promotion, development and expansion of the
use of ADR.
• State Divisions of OADR
• c.theTraining Division – shall be charged with
formulation of effective standards for the
training of ADR practitioners; conduct of
training in accordance with such standards;
issuance of certifications of training to ADR
practitioners and ADR service providers who
have undergone the professional training
provided by the OADR; and the coordination
of the development, implementation,
monitoring and evaluation of government
and private sector ADR programs.
d. Records and Library Division – shall be
charged with the establishment and
maintenance of a central repository of ADR
laws, rules and regulations, jurisprudence,
books, articles, and other information about
ADR in the Philippines and elsewhere. (Art. 2.4.,
IRR, RA 9285)
Advisory Council
There is also created an Advisory Council
composed of a representative from each of the
following:
a. Mediation profession;
b. Arbitration profession;
c. ADR organizations;
d. IBP; and
e. Academe.
The members of the Council, who shall be
appointed by the Secretary of Justice upon the
recommendation of the OADR Executive
Director, shall choose a Chairman from among
themselves. (Art. 2.5., IRR, RA 9285)
Role of the Advisory Council
The Advisory Council shall advise the Executive
Director on policy, operational and other
relevant matters. The Council shall meet
regularly, at least once every two (2) months, or
upon call by the Executive Director. (Art. 2.6.,
IRR, RA 9285)
THE BARANGAY JUSTICE SYSTEM
BOOK III: LOCAL GOVERNMENT UNITS:
TITLE ONE. THE BARANGAY
CHAPTER 1. ROLE AND CREATION OF THE
BARANGAY
SEC. 384. Role of the Barangay. As the basic
political unit, the barangay serves as the primary
planning and implementing unit of government
policies, plans, programs, projects, and
activities in the community, and as a forum
wherein the collective views of the people may
be expressed, crystallized, and considered, and
where disputes may be amicably settled.
BOOK III: LOCAL GOVERNMENT UNITS:
TITLE ONE. THE BARANGAY
SECTION. 385. Manner of Creation. - A
Barangay may be created, divided, merged,
abolished, or its boundary substantially altered,
by law or by an ordinance of the Sangguniang
Panlalawigan or Sangguniang Panlungsod,
subject to approval by a majority of the votes
cast in a plebiscite to be conducted by the
Comelec in the local government unit or units
directly affected within such period of time as
may be determined by the law or ordinance
creating said Barangay. In the case of the
creation of Barangays by the Sangguniang
Panlalawigan, the recommendation of the
Sangguniang Bayan concerned shall be
necessary.
BOOK III: LOCAL GOVERNMENT UNITS:
TITLE ONE. THE BARANGAY
SECTION. 386. Requisites for Creation. - (a) A
Barangay maybe created out of a contiguous
territory which has a population of at least two
thousand
(2,000) inhabitants as certified by the National
Statistics Office except in
cities and municipalities within Metro Manila and
other metropolitan
political subdivisions or in highly urbanized cities
where such territory shall
have a certified population of at least five
thousand (5,000) inhabitants:
Provided, That the creation thereof shall not
reduce the population of the
original Barangay or Barangays to less than the
minimum requirement
prescribed herein.
Barangay Officials and Offices
SECTION. 387. Chief Officials and Offices. - (a)
There shall be in each Barangay a Punong
Barangay, seven (7) Sangguniang Barangay
members, the Sangguniang Kabataan
chairman, a Barangay Secretary,
and a Barangay treasurer.
(b) There shall also be in every Barangay a
Lupong Tagapamayapa.
The Sangguniang Barangay may form
community brigades and create such other
positions or offices as may be deemed
necessary to carry out the purposes of the
Barangay government in accordance with the
needs of public service, subject to the budgetary
limitations on personal services prescribed
under Title Five, Book II of this Code.
SECTION. 388. Persons in Authority. - For
purposes of the Revised Penal Code, the
Punong Barangay, Sangguniang Barangay
members, and members of the Lupong
Tagapamayapa in each Barangay shall be
deemed as persons in authority in their
jurisdictions, while other Barangay officials and
members who may be designated by law or
ordinance and charged with the maintenance of
public order, protection and security of life and
property, or the maintenance of a desirable and
balanced environment, and any Barangay
member who comes to the aid of persons in
authority, shall be deemed agents of persons in
authority.
Who is the Barangay Chief Executive?
The Sangguniang Barangay
SECTION. 390. Composition. - The
Sangguniang Barangay, the legislative body of
the Barangay, shall be composed of the Punong
Barangay as presiding officer, and the seven (7)
regular Sangguniang Barangay members
elected at large and Sangguniang Kabataan
chairman, as members.
Powers, Duties, and Functions of the
Sangguniang Barangay
SECTION. 391. Powers, Duties, and Functions.
- (a) The Sangguniang Barangay, as the
legislative body of the Barangay, shall:
(a) Enact ordinances as may be necessary to
discharge the responsibilities conferred upon it
by law or ordinance and to promote the general
welfare of the inhabitants therein;
(b) Enact tax and revenue ordinances, subject
to the limitations imposed in this Code;
(c) Enact annual and supplemental budgets in
accordance with the provisions of this Code;
(d) Provide for the construction and
maintenance of Barangay facilities and other
public works projects chargeable to the general
fund of the Barangay or such other funds
actually available for the purpose;
(e) Submit to the Sangguniang Panlungsod or
Sangguniang Bayan such suggestions or
recommendations as it may see 161 fit for the
improvement of the Barangay or for the welfare
of the inhabitants thereof;
(12) Authorize the Punong Barangay to enter
into contracts in behalf of the Barangay, subject
to the provisions of this Code;
(a) Authorize the Barangay treasurer to make
direct purchases in an amount not exceeding
One thousand pesos (P1,000.00) at any one
time for the ordinary and essential
administrative needs of the Barangay;
(b) Prescribe fines in amounts not exceeding
One thousand pesos (P1,000.00) for violation of
Barangay ordinances;
(c) Provide for the administrative needs of the
Lupong Tagapamayapa and the pangkat ng
tagapagkasundo;
(d) Provide for the organization of community
brigades, Barangay tanod, or community
service units as may be necessary;
(e) Organize regular lectures, programs, or fora
on community problems such as sanitation,
nutrition, literacy, and drug abuse, and convene
assemblies to encourage citizen participation in
government;
(f) Adopt measures to prevent and control the
proliferation of squatters and mendicants in the
Barangay;
(g) Provide for the proper development and
welfare of children in the Barangay by promoting
and supporting activities for the protection and
total development of children, particularly those
below seven (7) years of age;
(h) Adopt measures towards the prevention and
eradication of
drug abuse, child abuse, and juvenile
delinquency;
(i) Initiate the establishment of a Barangay high
school, whenever feasible, in accordance with
law;
(j) Provide for the establishment of a non-formal
education center in the Barangay whenever
feasible, in coordination with the Department of
Education, Culture and Sports, ;
(k) Provide for the delivery of basic services;
and
(24) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
PRESIDENTIAL DECREE No. 1508 June 11,
1978
Section 1. Lupong Tagapayapa
a) Creation. There is hereby created in each
barangay a body to be known as Lupong
Tagapayapa (hereinafter referred to as Lupon)
composed of the Barangay Captain as chairman
and not less than ten (10) nor more than twenty
(20) members, to be constituted every two years
in the following manner:
1. Any suitable person actually residing or
working in the barangay, not otherwise
expressly disqualified by law, and taking into
account considerations of integrity, impartiality,
independence of mind, sense of fairness, and
reputation for probity, including educational
attainment, may be appointed member;
2. A notice to constitute the Lupon, which shall
include the names of proposed members who
have expressed their willingness to serve, shall
be prepared by the Barangay Captain within
thirty (30) days after this Decree shall have
become effective, and thereafter within the first
ten (10) days of January of every other year.
Such notice shall be posted in three (3)
conspicuous places in the barangay
continuously for a period of not less than three
(3) weeks;
3. The Barangay Captain, taking into
consideration any opposition to the proposed
appointment or any recommendation/s for
appointment as may have been made within the
period of posting, shall within ten (10) days
thereafter, appoint as members those whom he
determines to be suitable therefor;
4. Appointments shall be in writing signed by the
Barangay Captain and attested by the Barangay
Secretary;
5. The list of appointed members shall be posted
in three (3) conspicuous places in the barangay
for the entire duration of their term of office;
6. When used herein:
Barangay refers not only to barrios which were
declared barangays by virtue of Presidential
Decree No. 557 but also to barangays otherwise
known as citizens assemblies pursuant to
Presidential Decree No. 86.
Barangay Captain refers to the Barangay
Captains of the barrios which declared
barangay by virtue of Presidential Decree No.
557 and to the Chairmen of barangays
otherwise known as citizens assemblies
pursuant to Presidential Decree No. 86.
REPUBLIC ACT NO. 876
AN ACT TO AUTHORIZE THE MAKING OF
ARBITRATION AND SUBMISSION
AGREEMENTS, TO PROVIDE FOR THE
APPOINTMENT OF ARBITRATORS AND THE
PROCEDURE FOR ARBITRATION IN CIVIL
CONTROVERSIES, AND FOR OTHER
PURPOSES.
Section 1. Short Title. - This Act shall be
known as "The Arbitration Law."
Section 2. Persons and matters subject to
arbitration. - Two or more persons or parties
may submit to the arbitration of one or more
arbitrators any controversy existing between
them at the time of the submission and which
may be the subject of an action, or the parties to
any contract may in such contract agree to settle
by arbitration a controversy thereafter arising
between them.
Section 3. Controversies or cases not
subject to the provisions of this Act. - This
Act shall not apply to controversies and to cases
which are subject to the jurisdiction of the Court
of Industrial Relations or which have been
submitted to it as provided by Commonwealth
Act Numbered One hundred and three, as
amended.
Section 4. Form of arbitration agreement. - A
contract to arbitrate a controversy thereafter
arising between the parties, as well as a
submission to arbitrate an existing controversy
shall be in writing and subscribed by the party
sought to be charged, or by his lawful agent.
Section 5. Preliminary procedure. - An
arbitration shall be instituted by:
(a) In the case of a contract to arbitrate future
controversies by the service by either party
upon the other of a demand for arbitration in
accordance with the contract. Such demand
shall be set forth the nature of the controversy,
the amount involved, if any, and the relief
sought, together with a true copy of the contract
providing for arbitration. The demand shall be
served upon any party either in person or by
registered mail.
(b) In the event that one party defaults in
answering the demand, the aggrieved party may
file with the Clerk of the Court of First Instance
having jurisdiction over the parties, a copy of the
demand for arbitration under the contract to
arbitrate, with a notice that the original demand
was sent by registered mail or delivered in
person to the party against whom the claim is
asserted.
(c) In the case of the submission of an existing
controversy by the filing with the Clerk of the
Court of First Instance having jurisdiction, of the
submission agreement, setting forth the nature
of the controversy, and the amount involved, if
any. Such submission may be filed by any party
and shall be duly executed by both parties.
(d) In the event that one party neglects, fails or
refuses to arbitrate under a submission
agreement, the aggrieved party shall follow the
procedure prescribed in subparagraphs (a) and
(b) of this section.
Section 6. Hearing by court. - A party
aggrieved by the failure, neglect or refusal of
another to perform under an agreement in
writing providing for arbitration may petition the
court for an order directing that such arbitration
proceed in the manner provided for in such
agreement. Five days’ notice in writing of the
hearing of such application shall be served
either personally or by registered mail upon the
party in default.
Section 7. Stay of civil action. - If any suit or
proceeding be brought upon an issue arising out
of an agreement providing for the arbitration
thereof, the court in which such suit or
proceeding is pending, upon being satisfied that
the issue involved in such suit or proceeding is
referable to arbitration, shall stay the action or
proceeding until an arbitration has been had in
accordance with the terms of the agreement:
Provided, That the applicant, for the stay is not
in default in proceeding with such arbitration.
Section 8. Appointment of arbitrators. - If, in
the contract for arbitration or in the submission
described in section two, provision is made for a
method of naming or appointing an arbitrator or
arbitrators, such method shall be followed; but if
no method be provided therein the Court of First
Instance shall designate an arbitrator or
arbitrators.
The Court of First Instance shall appoint an
arbitrator or arbitrators, as the case may be, in
the following instances:
(a) If the parties to the contract or submission
are unable to agree upon a single arbitrator; or
(b) If an arbitrator appointed by the parties is
unwilling or unable to serve, and his successor
has not been appointed in the manner in which
he was appointed; or
(c) If either party to the contract fails or refuses
to name his arbitrator within fifteen days after
receipt of the demand for arbitration; or
(d) If the arbitrators appointed by each party to
the contract, or appointed by one party to the
contract and by the proper Court, shall fail to
agree upon or to select the third arbitrator.
(e) The court shall, in its discretion appoint one
or three arbitrators, according to the importance
of the controversy involved in any of the
preceding cases in which the agreement is
silent as to the number of arbitrators.
(f) Arbitrators appointed under this section shall
either accept or decline their appointments
within seven days of the receipt of their
appointments. In case of declination or the
failure of an arbitrator or arbitrators to duly
accept their appointments the parties or the
court, as the case may be, shall proceed to
appoint a substitute or substitutes for the
arbitrator or arbitrators who decline or failed to
accept his or their appointments.
Section 13. Oath of arbitrators. - Before
hearing any testimony, arbitrators must be
sworn, by any officer authorized by law to
administer an oath, faithfully and fairly to hear
and examine the matters in controversy and to
make a just award according to the best of their
ability and understanding. Arbitrators shall have
the power to administer the oaths to all
witnesses requiring them to tell the whole truth
and nothing but the truth in any testimony which
they may give in any arbitration hearing. This
oath shall be required of every witness before
any of his testimony is heard.
Section 14. Subpoena and subpoena duces
tecum. - Arbitrators shall have the power to
require any person to attend a hearing as a
witness. They shall have the power to subpoena
witnesses and documents when the relevancy
of the testimony and the materiality thereof has
been demonstrated to the arbitrators.
Section 15. Hearing by arbitrators. -
Arbitrators may, at the commencement of the
hearing, ask both parties for brief statements of
the issues in controversy and/or an agreed
statement of facts. Thereafter the parties may
offer such evidence as they desire and shall
produce such additional evidence as the
arbitrators shall require or deem necessary to
an understanding and determination of the
dispute. The arbitrators shall be the sole judge
of the relevancy and materiality of the evidence
offered or produced and shall not be bound to
conform to the Rules of Court pertaining to
evidence.
Section 16. Briefs. - At the close of the
hearings, the arbitrators shall specifically inquire
of all parties whether they have any further proof
or witnesses to present; upon the receipt of a
negative reply from all parties, the arbitrators
shall declare the hearing closed unless the
parties have signified an intention to file briefs.
Section 17. Reopening of hearing. - The
hearing may be reopened by the arbitrators on
their own motion or upon the request of any
party, upon good cause, shown at any time
before the award is rendered. When hearings
are thus reopened the effective date for the
closing of the hearings shall be the date of the
closing of the reopened hearing.
Section 18. Proceeding in lieu of hearing. -
The parties to a submission or contract to
arbitrate may, by written agreement, submit their
dispute to arbitration by other than oral hearing.
The parties may submit an agreed statement of
facts. They may also submit their respective
contentions to the duly appointed arbitrators in
writing; this shall include a statement of facts,
together with all documentary proof.
Section 19. Time for rendering award. -
Unless the parties shall have stipulated by
written agreement the time within which the
arbitrators must render their award, the written
award of the arbitrators shall be rendered within
thirty days after the closing of the hearings or if
the oral hearings shall have been waived, within
thirty days after the arbitrators shall have
declared such proceedings in lieu of hearing
closed. This period may be extended by mutual
consent of the parties.
Section 20. Form and contents of award. -
The award must be made in writing and signed
and acknowledged by a majority of the
arbitrators, if more than one; and by the sole
arbitrator, if there is only one. Each party shall
be furnished with a copy of the award. The
arbitrators in their award may grant any remedy
or relief which they deem just and equitable and
within the scope of the agreement of the parties,
which shall include, but not be limited to, the
specific performance of a contract.
Section 21. Fees of arbitration. - The fees of
the arbitrators shall be fifty pesos per day unless
the parties agree otherwise in writing prior to the
arbitration.
Section 23. Confirmation of award. - At any
time within one month after the award is made,
any party to the controversy which was
arbitrated may apply to the court having
jurisdiction, as provided in section twenty-eight,
for an order confirming the award; and
thereupon the court must grant such order
unless the award is vacated, modified or
corrected, as prescribed herein. Notice of such
motion must be served upon the adverse party
or his attorney as prescribed by law for the
service of such notice upon an attorney in action
in the same court.
Section 24. Grounds for vacating award. - In
any one of the following cases, the court must
make an order vacating the award upon the
petition of any party to the controversy when
such party proves affirmatively that in the
arbitration proceedings:
(a) The award was procured by corruption,
fraud, or other undue means; or
(b) That there was evident partiality or
corruption in the arbitrators or any of them; or
(c) That the arbitrators were guilty of misconduct
in refusing to postpone the hearing upon
sufficient cause shown, or in refusing to hear
evidence pertinent and material to the
controversy; that one or more of the arbitrators
was disqualified to act as such under section
nine hereof, and willfully refrained from
disclosing such disqualifications or of any other
misbehavior by which the rights of any party
have been materially prejudiced; or
(d) That the arbitrators exceeded their powers,
or so imperfectly executed them, that a mutual,
final and definite award upon the subject matter
submitted to them was not made.
Section 25. Grounds for modifying or
correcting award. - In any one of the following
cases, the court must make an order modifying
or correcting the award, upon the application of
any party to the controversy which was
arbitrated:
(a) Where there was an evident miscalculation
of figures, or an evident mistake in the
description of any person, thing or property
referred to in the award; or
(b) Where the arbitrators have awarded upon a
matter not submitted to them, not affecting the
merits of the decision upon the matter
submitted; or
(c) Where the award is imperfect in a matter of
form not affecting the merits of the controversy,
and if it had been a commissioner's report, the
defect could have been amended or
disregarded by the court.
The order may modify and correct the award so
as to effect the intent thereof and promote
justice between the parties.
Section 26. Motion to vacate, modify or
correct award: when made. - Notice of a
motion to vacate, modify, or correct the award
must be served upon the adverse party or his
counsel within thirty days after award is filed or
delivered, as prescribed by law for the service
upon an attorney in an action.
Section 27. Judgment. - Upon the granting of
an order confirming, modifying, or correcting an
award, judgment may be entered in conformity
therewith in the court wherein said application
was filed. Costs of the application and the
proceedings subsequent thereto may be
awarded by the court in its discretion. If
awarded, the amount thereof must be included
in the judgment.
Section 28. Papers to accompany motion to
confirm, modify, correct, or vacate award. -
The party moving for an order confirming,
modifying, correcting, or vacating an award,
shall at the time that such motion is filed with the
court for the entry of judgment thereon also file
the following papers with the Clerk of Court.
(a) The submission, or contract to arbitrate; the
appointment of the arbitrator or arbitrators; and
each written extension of the time, if any, within
which to make the award.
(b) A verified of the award.
(c) Each notice, affidavit, or other paper used
upon the application to confirm, modify, correct
or vacate such award, and a copy of each of the
court upon such application.
The judgment shall be docketed as if it were
rendered in an action.
Section 29. Appeals. - An appeal may be taken
from an order made in a proceeding under this
Act, or from a judgment entered upon an award
through certiorari proceedings, but such
appeals shall be limited to questions of law. The
proceedings upon such an appeal, including the
judgment thereon shall be governed by the
Rules of Court in so far as they are applicable.
Section 30. Death of party. - Where a party
dies after making a submission or a contract to
arbitrate as prescribed in this Act, the
proceedings may be begun or continued upon
the application of, or notice to, his executor or
administrator, or temporary administrator of his
estate. In any such case, the court may issue an
order extending the time within which notice of
a motion to confirm, vacate, modify or correct an
award must be served. Upon confirming an
award, where a party has died since it was filed
or delivered, the court must enter judgment in
the name of the original party; and the
proceedings thereupon are the same as where
a party dies after a verdict.
RESTORATIVE JUSTICE: JUSTICE THAT
HEALS
Fundamental Concept of Restorative Justice
What is Restorative Justice?
Restorative Justice- is a process whereby the
stakeholders in particular offense- victims/
offenders and community- come together to
resolve collectively how to deal with the
aftermath of the offense and its implications for
the future.
Overview of Restorative Justice
• Restorative Justice is a process whereby
the particular offense-victim/ offender
and the community come together to
resolve collectively how to deal with the
aftermath of the offense and its
implications for the future.
• Restorative justice is a philosophy that
embraces a wide range of human
emotions including, healing, mediation,
compassion, forgiveness, mercy,
reconciliation as well as sanction when
appropriate.
• Restorative justice offers the process
whereby those affected by the criminal
behavior be they victims, offenders, the
families involved or the wider community,
all need to have a part in resolving the
issues which flow from the offending.
Origin
The roots of restorative justice can be found
throughout the bible. Biblical scholars agree that
to the authors of the Hebrew Scriptures, the
justice of God is not the quality whereby God
rewards the good and punishes the wicked. God
is just when intervenes in the lives of the
underprivileged, especially orphans and
widows, to save them from the injustices of men.
Restorative Justice – Core Values
The Offender
Apology- either oral or written, recognizing
responsibility and not seeing oneself as a victim
and realizing and acknowledging the harm
suffered by the victim.
Reintegration- earning his or her place back in
the community, particularly through the action
plan developed under the healing the harm
process.
Restorative Justice – Core Values
The Victim
Harm- assessing what harm was done,
developing a case plan to repair the harm,
creating an action plan for those responsible for
healing and repairing the harm.
Forgiveness- the opportunity is extended for
the victim to accept an apology from the
offender and to extend forgiveness.
Restorative Justice – Core Values
The Community
Relationship- healing broken relationships and
creating new relationships.
FOUR (4) KEY VALUES OF RETORATIVE
JUSTICE
1. Encounter- create opportunities for
victims, offenders and community
members who want to do so to meet, to
discuss the crime and its aftermath. The
elements of an encounter are: meeting,
narrative, emotion, understanding and
agreement.
2. Amends- expect offenders to take steps
to repair the harm they have caused. The
four elements of making amends are:
apology, change behavior, restitution and
generosity.
3. Reintegration- seeks to restore victims
and offenders as a whole, contributing
members of the society. The elements of
reintegration are; acknowledging human
dignity and worth, providing material
assistance and offering moral spiritual
direction.
4. Inclusion- provide opportunities for
parties with a stake in a specific crime to
participate in its resolution. The
ingredients of inclusions are; invitation,
acknowledgement that the person invited
has unique interest and recognition that
he or she might want to try alternative
approaches.