University of Cebu

Cebu City

COLLEGE OF LAW
COURSE SYLLABUS

I. COURSE NUMBER : LLB 117

II. COURSE TITLE : Alternative Dispute Resolution

III. COURSE DESCRIPTION : This subject is a study of the Law on Alternative Dispute Resolution that covers the different kinds of dispute
resolution mechanisms, its history and the importance of its enactment. It differentiates litigation and other
ADR processes such as voluntary settlement conferences, facilitation, conciliation practiced in other
countries and the other ADR processes as mentioned in the law. The subject also deals with the
techniques of legal negotiations and its pitfalls which includes corporate negotiation;
and the art of mediation and arbitration. Methodology includes reporting, class discussion and role playing.

IV. COURSE PREREQUISITE : NA

V. COURSE CREDIT : 2 units

VI. GENERAL OBJECTIVES : a) To enable the students to understand the different dispute resolution processes and how they differ from each
other.
b) To better appreciate that ADR is the preferred mode of settling disputes between parties and change one’s
mindset that lawyering is only about litigation.
c) To heighten awareness as to how ADR is used in other countries and in the Philippines to settle conflicts.
d) To train students as to how to handle negotiations as a key ingredient in lawyering.
e) To synthesize the various concepts on conflict resolution mechanisms and its applicability to certain situations.
 VII. COURSE OUTLINE

SPECIFIC OBJECTIVES CONTENTS TIME ALLOTMENT STRATEGIES/ACTIVITIES INSTRUCTIONAL MATERIALS

*To orient students * Introduction
about the basics of
Alternative Dispute
Resolution
*To familiarize
students with the
structure of the
Philippine Judicial
System
*To provide students
with an overview on
the stages of civil and
a criminal action
 What is Alternative Dispute Resolu-
tion?
 Overview of the Philippine Judicial
System
 Filing of Lawsuits – (Civil and Crim-
inal Actions)
*4 hours or during the *Incorporating research  Textbook of Jim Lopez
first 2 using materials of the entitled “Law on
meetings in class Supreme Court and other Alternative Dispute
law related websites; Resolution
*Class discussion on what  Website of the Supreme
the students know about Court
the present state of the www.supremecourt.gov.ph
Philippine judiciary;
 Powerpoint presentations
Discussion outlining the
difference between civil
and criminal actions

*To underscore the * Why is there a need for Alternative Dis- *5 hours or the next 2 A combination of the  Textbook of Jim Lopez*
importance of ADR pute Resolution? succeeding meetings following activities shall be Alternative dispute
and its use in averting and will culminate in done for each of the Resolution
a full blown case  Historical Background the Prelim different content items
 Court Delays Examination whenever applicable and  Article of Justice Myrna
 Settlement of Disputes in the deemed more effective: Vidal entitled :
* To understand how Philippines
ADR evolved through - Conflict Resolu- • Lectures; Effective Tool in
time in the Philippines tion, Filipino Style Settlement of Business
- Legal Misedu- • Class discussion with an Dispute (Excerpts of the
* To heighten one’s cation assigned discussant; lecture delivered during
awareness on the - Filipino Conflict the Chamber-to-Chamber
various modes of Management • Case study analysis; II-Dialogues with the
settling disputes in - Barangay (Vil- Business Sector and
the Philippines lage) Justice • Oral Recitation Integration of Mediation in

* To distinguish
between statutory  Statutory Arbitration and Intro-
arbitration and the duction on the Concept of Arbi-
concept of arbitration tration under RA 9285 Arbitra-
under RA 9285 tion
* To comprehend the
value of mediation
and contrast court  Concept of Mediation
annexed from court - Court Annexed Mediation
referred mediation - Court Referred Mediation
* To better appreciate
the legal basis of the  Constitution
ADR law and the - The Supreme
corresponding treaties Court to promulgate rules
and convention that shall provide a sim-
plified and inexpensive
* To understand the procedure for the speedy
various legal sources disposition of cases.
of ADR especially
those that deals with  Statutes
- Resolution Act
of 2004 or Republic Act
No. 9285
- The Arbitration
Law or Republic Act No.
876
- Construction In-
dustry Arbitration Law or
Executive Order No. 1008
- Executive Or-
der No. 523, Series of
2006
2 hours business on 29 March
2005 at the Xavier Sports
Country Club, Cagayan
de Oro City. Or one may
downloaded it from :
www.supremecourt.gov.ph
1 hour Video presentation on  Article on Arbitration –
actual mediation Lawyers Review by
Laurence Hector Arroyo
-business mediation (March 31, 2007)
-family mediation
 Secs. 399 to 422 of the Lo-
2 hours Role playing cal Government Code
 J Section 5 of Article VIII of
the 1987 Constitution of
the Republic of the Philip-
pines
 Alternative Dispute Reso-
5 hours including Group reporting – each lution Act of 2004 or Re-
discussion of the group would be assigned a public Act No. 9285
cases certain Law to discuss
 The Arbitration Law or Re-
public Act No. 876
 Construction Industry Arbi-
tration Law or Executive
Order No. 1008
 Executive Order No. 523,
Series of 2006
5 hours including  Section 6 (a) of Rule 18 of
 - IRR of RA 9285
or Department Circular
No. 98, series of 2009
 Rules of Court
- Special ADR
Rules
- Section 6 (a) of
Rule 18 of the Rules of
Court
- Supreme Court
Resolution A.M. No. 01-
10-5-SC-PHILJA, October
16, 2001, specifically the
second Revised Guide-
lines for the Implementa-
tion of Mediation Pro-
ceedings.
- Supreme Court
Resolution A.M. No. 04-3-
15-SC-PHILJA, March 23,
2004, specifically Resolu-
tion No. 02-04 thereof on
the Implementing Rules
and Regulations on Medi-
ation in the Trial Courts.
 Treaties
- Convention on
the Recognition of En-
forcement of Foreign Arbi-
tral Awards (New York
* To apply the Convention, 1958)
provisions of the ADR - Convention on
as it relates to the the Settlement on Invest-
discussion of cases Case analysis done through the Rules of Court
oral recitation
 Supreme Court Resolution
A.M. No. 01-10-5-SC-
PHILJA, October 16, 2001,
specifically the second Re-
vised Guidelines for the Im-
plementation of Mediation
Proceedings.
 Supreme Court Resolution
A.M. No. 04-3-15-SC-
PHILJA, March 23, 2004,
specifically Resolution No.
02-04 thereof on the Imple-
menting Rules and Regula-
tions on Mediation in the
Trial Courts.
 Special ADR Rules
 Convention on the Recog-
nition of Enforcement of
Foreign Arbitral Awards
(New York Convention,
1958)
 Convention on the Settle-
ment on Investment Dis-
putes Between States and
Nationals of Other States
(Washington Convention,
1966)
cases given ment Disputes Between  UNICITRAL Model Law on
States and Nationals of International Commercial
Other States (Washington Arbitration
Convention, 1966)
- UNICITRAL
Model Law on Internation-
al Commercial Arbitration

- Heirs of Augus-
to Salas vs. Laperal Real-
ty Corp, GR No.
135362,Dec. 13, 1999

- Del Monte
Corp-USA vs. CA(351
SCRA 373,381

- National Steel
Corp vs. The RTC of
Lanao del Norte, Branch
2, Iligan City, GR No.
127004, 11 Mar. 1999

- Asset Privatiza-
tion Trust vs. CA , GR No.
121171, 29 December
1998

- NATIONAL IR-
RIGATION ADMINISTRA-
TION (NIA), petitioner, vs.
HONORABLE COURT
OF APPEALS (4th Divi-
sion), CONSTRUCTION
INDUSTRY ARBITRA-
TION COMMISSION, and
HYDRO RESOURCES
CONTRACTORS COR-
PORATION, respondents,
G.R. No. 129169. No-
vember 17, 1999

- Agan vs. Phil.

Intl Air Terminals Co., Inc,
(PIATCO), GR No.
155001, 5 May 2003

- LM POWER
ENGINEERING CORPO-
RATION, petitioner, vs.
CAPITOL INDUSTRIAL
CONSTRUCTION
GROUPS, INC., respon-
dent., G.R. No. 141833.
March 26, 2003

- Charles
Bernard H. Reyes vs. An-
tonio Yulo Balde II, GR
No. 168384, 7 August
2006

- Maria Luisa
Park Association Inc vs.
Samantha Marie T. Al-
mendras and Pia Marie T.
Almendras, G.R. No.
171763, June 5, 2009
- Fort Bonifacio
Development Corporation
v. Domingo,
G.R. No. 180765, Febru-
ary 27, 2009; 580 SCRA
397;

- Fort Bonifacio
Development Corporation
v. Sorongon & Fong,
G.R. No. 176709, May 8,
2009, 587 SCRA 613

- HUTAMA-
RSEA JOINT OPERA-
TIONS, INC. v. CITRA
METRO MANILA TOLL-
WAYS CORPORATION
[G.R. No. 180640, April
24, 2009 (3rd Div., Chico-
Nazario, J.)

- Equitable PCI
Banking Corporation, et al
v. RCBC Capital Corpora-
tion,G.R. No. 182248, De-
cember 18, 2008; [Velas-
co, Jr., J.]

- Luzon Hydro
Corporation v. Hon. Rom-
mel O. Baybay, etc and
Transfield Philippines,
Inc., CA-G.R. Sp. No.
94318, November 29,
2005

- Empire East
Land Holdings, Inc. v.
Capitol Industrial Con-
structionGroups, Inc.,
G.R. No. 168074,Septem-
ber 26, 2008

- ABS-CBN
Broadcasting Corporation
v.World Interactive Net-
work Systems [WINS]
Japan Co., Ltd., G.R. No.
169332, February 11,
2008

- Diesel Con-
struction Co., Inc. v.UPSI
Property Holdings, In-
c.G.R. No. 154885; UPSI
Property Holdings, Inc. v.
Diesel Construction
Co.,Inc. and FGU Insur-
ance Corp.,
G.R. No. 154937, March
24, 2008

- Korea Tech-
nologies Co., Ltd. v. Hon.
Alberto A. Lerma and Pa-
cific General
Steel Manufacturing Cor-
poration, G.R. No.
 143581, Jan. 7, 2008.

VIII. EVALUATIVE MEASURES : A combination of the following evaluation methods shall be done for the different content items whenever
applicable and deemed more effective:

a) Oral recitation
b) Written examination
c) Role Play
d) Reporting both oral and written

IX. COURSE REQUIREMENTS : Class standing – 40% ( this comprises of quizzes, prelim exam, semifinal exam, written and oral reports,
and other projects) In particular the 40 % is further subdivided into the following :
15% - prelim/semi final exam
15% - graded recitation
10% - quizzes, projects, repots

Midterm/Final Exam – 60%

The final grade is the result of the following : (Grade in the Midterm Period + Grade in the Final Period
divided by 2)

X. REFERENCES : Recommended Text Book : The Law on Alternative Dispute Resolution (Private Justice in the Philippines) by Jim V.
Lopez
Useful websites : www.supremecourt.gov.ph ; http://www.uncitral.org/ http://icsid.worldbank.org
 Prepared by: Atty. Josh Carol T. Ventura

Approved by: Dean Baldomero Estenzo