University of Cebu

Cebu City

COLLEGE OF LAW
COURSE SYLLABUS
I. COURSE NUMBER II. COURSE TITLE III. COURSE DESCRIPTION : LLB 117 : Alternative Dispute Resolution : 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. : NA : 2 units : 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.

IV. COURSE PREREQUISITE V. COURSE CREDIT VI. GENERAL OBJECTIVES

VII.

COURSE OUTLINE CONTENTS * Introduction  What is Alternative Dispute Resolution?  Overview of the Philippine Judicial System  Filing of Lawsuits – (Civil and Criminal Actions) TIME ALLOTMENT STRATEGIES/ACTIVITIES *4 hours or during the *Incorporating research first 2 using materials of the meetings in class Supreme Court and other law related websites; *Class discussion on what the students know about the present state of the Philippine judiciary; Discussion outlining the difference between civil and criminal actions  INSTRUCTIONAL MATERIALS  Textbook of Jim Lopez entitled “Law on Alternative Dispute Resolution Website of the Supreme Court www.supremecourt.gov.ph Powerpoint presentations

SPECIFIC OBJECTIVES *To orient students 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

*To underscore the * Why is there a need for Alternative Disimportance of ADR pute Resolution? and its use in averting a full blown case  Historical Background  Court Delays  Settlement of Disputes in the * To understand how Philippines ADR evolved through Conflict Resolutime in the Philippines tion, Filipino Style Legal Misedu* To heighten one’s cation awareness on the Filipino Conflict various modes of Management settling disputes in Barangay (Vilthe Philippines lage) Justice

*5 hours or the next 2 succeeding meetings and will culminate in the Prelim Examination

A combination of the following activities shall be done for each of the different content items whenever applicable and deemed more effective: • • • • Lectures; Class discussion with an assigned discussant; Case study analysis; Oral Recitation

Textbook of Jim Lopez* Alternative dispute Resolution Article of Justice Myrna Vidal entitled : Effective Tool in Settlement of Business Dispute (Excerpts of the lecture delivered during the Chamber-to-Chamber II-Dialogues with the Business Sector and Integration of Mediation in

* To distinguish between statutory arbitration and the concept of arbitration under RA 9285 * To comprehend the value of mediation and contrast court annexed from court referred mediation * To better appreciate the legal basis of the ADR law and the corresponding treaties and convention * To understand the various legal sources of ADR especially those that deals with

2 hours  Statutory Arbitration and Introduction on the Concept of Arbitration under RA 9285 Arbitration 1 hour  Concept of Mediation - Court Annexed Mediation - Court Referred Mediation 2 hours  Constitution The Supreme Court to promulgate rules that shall provide a simplified and inexpensive procedure for the speedy disposition of cases. Video presentation actual mediation -business mediation -family mediation Role playing on 

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 Article on Arbitration – Lawyers Review by Laurence Hector Arroyo (March 31, 2007)

 Secs. 399 to 422 of the Local Government Code  J Section 5 of Article VIII of the 1987 Constitution of the Republic of the Philippines

 Statutes Resolution Act of 2004 or Republic Act No. 9285 The Arbitration Law or Republic Act No. 876 Construction Industry Arbitration Law or Executive Order No. 1008 Executive Order No. 523, Series of 2006 5

5 hours discussion cases

including Group reporting – each of the group would be assigned a certain Law to discuss

 Alternative Dispute Resolution Act of 2004 or Republic Act No. 9285  The Arbitration Law or Republic Act No. 876  Construction Industry Arbitration Law or Executive Order No. 1008  Executive Order No. 523, Series of 2006

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. 0110-5-SC-PHILJA, October 16, 2001, specifically the second Revised Guidelines for the Implementation of Mediation Proceedings. Supreme Court Resolution A.M. No. 04-315-SC-PHILJA, March 23, 2004, specifically Resolution No. 02-04 thereof on the Implementing Rules and Regulations on Mediation in the Trial Courts.  Treaties Convention on the Recognition of Enforcement of Foreign Arbitral Awards (New York Convention, 1958) Convention on the Settlement on Invest-

discussion of cases

Case analysis done through oral recitation

the Rules of Court  Supreme Court Resolution A.M. No. 01-10-5-SCPHILJA, October 16, 2001, specifically the second Revised Guidelines for the Implementation of Mediation Proceedings.  Supreme Court Resolution A.M. No. 04-3-15-SCPHILJA, March 23, 2004, specifically Resolution No. 02-04 thereof on the Implementing Rules and Regulations on Mediation in the Trial Courts.  Special ADR Rules  Convention on the Recognition of Enforcement of Foreign Arbitral Awards (New York Convention, 1958)  Convention on the Settlement on Investment Disputes Between States and Nationals of Other States (Washington Convention, 1966)

* To apply the provisions of the ADR as it relates to the

cases given

ment Disputes Between States and Nationals of Other States (Washington Convention, 1966) UNICITRAL Model Law on International Commercial Arbitration Heirs of Augusto Salas vs. Laperal Realty 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 Privatization Trust vs. CA , GR No. 121171, 29 December 1998 NATIONAL IRRIGATION ADMINISTRATION (NIA), petitioner, vs. HONORABLE COURT OF APPEALS (4th Division), CONSTRUCTION INDUSTRY ARBITRA-

 UNICITRAL Model Law on International Commercial Arbitration

TION COMMISSION, and HYDRO RESOURCES CONTRACTORS CORPORATION, respondents, G.R. No. 129169. November 17, 1999 Agan vs. Phil. Intl Air Terminals Co., Inc, (PIATCO), GR No. 155001, 5 May 2003 LM POWER ENGINEERING CORPORATION, petitioner, vs. CAPITOL INDUSTRIAL CONSTRUCTION GROUPS, INC., respondent., G.R. No. 141833. March 26, 2003 Charles Bernard H. Reyes vs. Antonio Yulo Balde II, GR No. 168384, 7 August 2006 Maria Luisa Park Association Inc vs. Samantha Marie T. Almendras and Pia Marie T. Almendras, G.R. No. 171763, June 5, 2009

Fort Bonifacio Development Corporation v. Domingo, G.R. No. 180765, February 27, 2009; 580 SCRA 397; Fort Bonifacio Development Corporation v. Sorongon & Fong, G.R. No. 176709, May 8, 2009, 587 SCRA 613 HUTAMARSEA JOINT OPERATIONS, INC. v. CITRA METRO MANILA TOLLWAYS CORPORATION [G.R. No. 180640, April 24, 2009 (3rd Div., ChicoNazario, J.) Equitable PCI Banking Corporation, et al v. RCBC Capital Corporation,G.R. No. 182248, December 18, 2008; [Velasco, Jr., J.] Luzon Hydro Corporation v. Hon. Rommel O. Baybay, etc and Transfield Philippines, Inc., CA-G.R. Sp. No. 94318, November 29,

2005 Empire East Land Holdings, Inc. v. Capitol Industrial ConstructionGroups, Inc., G.R. No. 168074,September 26, 2008 ABS-CBN Broadcasting Corporation v.World Interactive Network Systems [WINS] Japan Co., Ltd., G.R. No. 169332, February 11, 2008 Diesel Construction Co., Inc. v.UPSI Property Holdings, Inc.G.R. No. 154885; UPSI Property Holdings, Inc. v. Diesel Construction Co.,Inc. and FGU Insurance Corp., G.R. No. 154937, March 24, 2008 Korea Technologies Co., Ltd. v. Hon. Alberto A. Lerma and Pacific General Steel Manufacturing Corporation, G.R. No.

143581, Jan. 7, 2008.

VIII.

EVALUATIVE MEASURES a) b) c) d)

: A combination of the following evaluation methods shall be done for the different content items whenever applicable and deemed more effective: Oral recitation Written examination Role Play Reporting both oral and written 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)

IX. COURSE REQUIREMENTS

:

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

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