ALTERNATIVE DISPUTE RESOLUTION

FINALS REVIEWER

DISCLAIMER: Information obtained through mediation shall be:

These are only some of the enumerations Judge asked us to memorize. (1) Privileged and confidential;
If kulang, please tell me hehe. This is not the whole ADR class we had with her. Thank you! ♡
(2) A party, a mediator, or a nonparty participant may refuse to disclose and may
prevent any other person from disclosing a mediation communication;
ALTERNATIVE DISPUTE RESOLUTION ACT OF 2004 (3) Confidential information shall not be subject to discovery and shall be inadmissible.
However, evidence or information that is otherwise inadmissible or subject to
ADR is not applicable to? discovery does not become inadmissible or protected from discovery does not
(1) Labor disputes; become inadmissible or protected from discovery solely by the reason of its use in
(2) The civil status of persons; a mediation;
(3) The validity of marriage; (4) The following persons may not be compelled to disclose confidential information:
(4) Any ground for legal separation; ® The parties to the dispute;
(5) The jurisdiction of courts; ® The mediator or mediators;
(6) Future legitime; ® The counsel for the parties;
(7) Criminal liability; and ® The non-party participants;
(8) Those of which by law cannot be compromised. ® Any person hired or engaged in the connection with the mediation as
secretary, stenographer, clerk, or assistant; and
Forms of ADR ® Any other person who obtains or possesses confidential information by
(1) Mediation; reason of his/her profession.
(2) Arbitration (5) The protections of this Act shall continue to apply even if a mediator is found to
(3) Referral of dispute to other ADR forms: have failed to act impartially; and
® Early Neutral Evaluation (6) A mediator may not be called to testify, if s/he is wrongfully subpoenaed, the
® Mini-trial mediator shall be reimbursed the full cost of his attorney’s fees and related
® Mediation-arbitration expenses.
® Any combination
(4) Conciliation There’s no privilege against disclosure if:
(1) In an agreement evidenced by a record authenticated by all parties to the
Principal objectives, powers, and functions agreement;
(1) To promote, develop, and expand the use of ADR in the private and public sectors (2) Available to the public or that is made during session of a mediation which is open,
through information, education, and communication; or is required by law to be open, to the public;
(2) To assist the government to monitor, study and evaluate the use by the public and (3) A threat or statement of a plan to inflict bodily injury or commit a crime of violence;
private sectors of ADR, and recommend to Congress needful statutory changes to (4) Intentionally used to plan a crime, attempt to commit, or commit a crime, or conceal
develop, strengthen and improve ADR practices in accordance with world an ongoing crime or criminal activity;
standards; (5) Sought or offered to prove or disprove abuse, neglect, abandonment, or
(3) To act as appointing authority of mediators when the parties agree in writing that it exploitation in a proceeding in which a public agency is protecting the interest of
shall be empowered to do so; and an individual protected by law, this does not apply where a child protection matter
(4) To compile and publish a list or roster of ADR providers/practitioners, and to is referred to mediation;
compile a list or roster of foreign or international ADR providers/practitioners. (6) Sought or offered to prove or disprove a claim or complaint of professional
misconduct or malpractice filed against a mediator;

PAGE 1 OF 6
© Murallos 2018-2019
A summary of Judge Mendinueto’s discussions and codal provisions
 ALTERNATIVE DISPUTE RESOLUTION
FINALS REVIEWER

(7) Sought or offered to prove or disprove a claim or complaint of professional SPECIAL RULES OF COURT ON ADR
misconduct or malpractice filed against a party, non-party participant, or
representative. Applicable to cases
(1) Referral to ADR;
Instances when a mediator may be compelled to withdraw (2) Relief on the issue of existence, validity, or enforceability of the arbitration
(1) If any of the parties requests; agreement;
(2) The mediator does not have the qualifications, training, and experience to enable (3) Interim measures of protection;
him to meet the reasonable expectations of the parties; (4) Challenge to appointment of arbitrator;
(3) The mediator’s impartiality is in question; (5) Appointment of arbitrator;
(4) The continuation of the process will violate an ethical standard; (6) Termination of mandate of arbitrator;
(5) The safety of anyone of the parties will be jeopardized; (7) Recognition and enforcement of a foreign arbitral award;
(6) The mediator is unable to provide effective services; (8) Assistance in taking evidence;
(7) In case of conflict of interest; and (9) Confirmation, correction or vacation of award in domestic arbitration;
(8) Other instances provided for under the IRR. (10) Recognition and enforcement or setting aside of an award in international
commercial arbitration;
How is a mediation closed? (11) Confidentiality/Protective Orders; and
(1) By the execution of a settlement agreement by the parties; (12) Deposit and enforcement of mediated settlement agreements.
(2) By the withdrawal of any party from mediation; and
(3) By the written declaration of the mediator that any further effort at mediation would Cases governed by Summary Proceedings
not be helpful. (1) Judicial relief involving the issue of existence, validity, or enforceability of the
arbitration agreement;
Grounds of vacating an award (2) Appointment of arbitrator;
(1) That there was evident partiality or corruption in the arbitrators or any of them; (3) Confidentiality/Protective Orders;
(2) That the arbitrators were guilty of misconducting and refusing to postpone the (4) Termination of mandate of arbitrator;
hearing upon sufficient cause shown, or in refusing to hear evidence pertinent and (5) Assistance in taking evidence;
material to the controversy; (6) Deposit and enforcement of mediated settlement agreements;
(3) The award was procured by corruption, fraud, or other undue means; (7) Referral to ADR;
(4) That the arbitrators exceeded their powers, or so imperfectly executed them; (8) Interim measures of protection; and
(5) One or more of the arbitrators was disqualified to act as such under the law and (9) Challenge to appointment of arbitrator.
willfully refrained from disclosing such disqualification;
(6) The arbitration agreement did not exist, or is invalid for any ground for the Prohibited submissions/pleadings
revocation of a contract or is otherwise unenforceable; or (1) Motion for bill of particulars;
(7) A party to arbitration is a minor or a person judicially declared to be incompetent. (2) Motion for new trial or for reopening of trial;
(3) Motion to dismiss;
(4) Motion for extension, except in cases where an ex-parte temporary order of
protection has been issued;
(5) Petition for relief from judgment;
(6) Rejoinder to reply;

PAGE 2 OF 6
© Murallos 2018-2019
A summary of Judge Mendinueto’s discussions and codal provisions
 ALTERNATIVE DISPUTE RESOLUTION
FINALS REVIEWER
(7) Any other pleading specifically disallowed under any provision of the special ADR
rules; and
(8) Motion to declare a party in default.
KATARUNGANG PAMBARANGAY
Subject matter for Amicable Settlement
General Rule: All disputes may be the subject of the barangay proceedings for
amicable settlement.
Exceptions:
(1) Where one party is the Government, or nay subdivision or instrumentality;
(2) Where one party is a public officer or employee and the dispute relates to the
performance of his official functions;
(3) Offenses for which the law prescribes a maximum penalty for imprisonment
exceeding one (1) year or a fine over P5,000.00;
(4) Offenses where there is no private offended party;
(5) Where the dispute involves real properties located in different cities or
municipalities, unless the parties thereto agree to submit their difference to
amicable settlement by an appropriate Lupon;
(6) Disputes involving parties who actually reside in barangays of different cities or
municipalities, except where such barangay units adjoin each other and the parties
thereto agree to submit their differences to amicable settlement by an appropriate
Lupon;
(7) Any class of disputes which the President may determine in the interest of justice
or upon the recommendation of the Secretary of Justice;
(8) Disputes where urgent legal action is necessary to prevent injustice from being
committed or further continued, such as:
® Criminal cases where the accused is under police custody or detention;
® Petitions for habeas corpus by a person illegally deprived of his rightful
custody over another person or a person illegally deprived of or on acting
in his behalf;
® Actions coupled with provisional remedies such as preliminary injunction,
attachment delivery of personal property and support during the pendency
of the action; and
® Actions which may be barred by the Statute of Limitations.
PAGE 3 OF 6
© Murallos 2018-2019
A summary of Judge Mendinueto’s discussions and codal provisions
Venue
(1) Disputes between persons actually residing in the same barangay – Lupon of the
same barangay;
(2) Those involving residents of different barangays within the same city or
municipality – In the barangay where the respondent or any of the respondents
actually resides, at the election of the complaint
(3) All disputes involving real property or any interest therein – In the barangay
where the real property or the larger portion thereof is situated
(4) Those arising at the workplace where the contending parties are employed or at
the institution where such parties are enrolled for study – In the barangay where
such workplace or institution is located
Procedure for Amicable Settlement
Initiate proceedings
• Mediation; or Suspension of
prescriptive period Issuance of
• Conciliation summons, hearings
of offenses
Sanctions for refusal or failure of the complainant to appear for mediation,
conciliation, or arbitration
Þ In case the complainant refuses or willfully fails to appear without justifiable
cause on the date set for mediation, conciliation, or arbitration (MCA), after due
notice – The punong barangay shall set a date for the former to appear and to
explain the reason of his non-appearance.
• If without justifiable reason, the punong barangay or pangkat chairman
shall:
® Dismiss the complaint;
® Direct the Lupon or pangkat secretary to issue a certification to bar
the filing of the action in court or any government office. This
certification must be attested by the punong barangay or pangkat
chairman, as the case may be; and
® Apply with the local trial court for punishment for the complainant as
for indirect contempt of court.
Þ In case the failure or refusal of the respondent to appear for MCA; sanctions –
The punong barangay or pangkat chairman, as the case may be, shall set a date
for the former to appear and to explain the reason for his non-appearance
 ALTERNATIVE DISPUTE RESOLUTION
FINALS REVIEWER
• After hearing and there is proof to establish that the refusal or failure is
without justifiable reason, the punong barangay or pangkat chairman shall:
® Dismiss the counterclaim of the respondent;
® Direct the Lupon or pangkat secretary to issue a certification to bar
the filing of the respondent’s counterclaim in court or any
government office;
® When the respondent refuses or fails to appear for mediation, the
punong barangay shall set a date for the parties to appear before
him for the constitution of the pangkat;
® When the respondent refuses or fails to appear for conciliation, the
pangkat chairman shall issue a certification to file complainant’s
action in court or with the proper government agency or office; and
® Apply with the local trial court for punishment of the respondent as
for indirect contempt of court.
Proceedings open to the public
General Rule: All proceedings for settlement shall be public and informal
Exception: The Lupon chairman or the pangkat chairman, as the case may be, may
motu proprio or upon request of a party, exclude the public from the proceedings in the
interest of privacy, decency, or public morals.
Remedies in the event of failure or refusal to comply with the amicable settlement
or arbitration award
(1) Enforcement by the lupon of the amicable settlement or arbitration award within
6 months from date of settlement agreement, or of the date of the receipt of the
award, or the date when the obligation becomes due and demandable, whichever
is later.
(2) Execution by the appropriate city or municipal court – after the lapse of 6 months
the settlement may be enforced by action.
(3) Recission under Article 2014 of the NCC.
General principles of barangay conciliation
(1) Barangay conciliation is mandatory but not jurisdictional
(2) The requirement for a certification to file action after a failed conciliation is likewise
required under the indigenous systems of dispute resolution (ISDR)
(3) Cases exempt from barangay conciliation by reason of the nature and
circumstances of the parties, or of the dispute, are similarly exempt from ISDR
PAGE 4 OF 6
© Murallos 2018-2019
A summary of Judge Mendinueto’s discussions and codal provisions
(4) Lawyers are precluded from appearing and participating in the proceedings under
the ISDR, except if they are the parties themselves
(5) The rules for the repudiation of the settlement agreement, the agreement to
arbitrate, and the arbitration award applicable to barangay conciliation in general
are also applicable to ISDR
(6) The procedure for the execution of the settlement agreement or arbitration award
applicable to barangay conciliation in general, including the exemption of certain
properties from execution, is also applicable to ISDR.
2016 REVISED RULES OF PROCEDURE FOR SMALL CLAIMS
The claim or demand may be
(1) For money owed under any of the following:
® Contract of Lease;
® Contract of Loan;
® Contract of Services;
® Contract of Sale; and
® Contract of Mortgage
(2) For liquidated damages arising from contracts
(3) For the enforcement of a barangay amicable settlement or an arbitration award
involving a money claim covered by this Rule pursuant to Sec. 417 of the LGC
Cases covered
(1) Payment or reimbursement for property, deposit, or money loaned;
(2) Payment for services rendered, insurance claim, rent, commissions, or for goods
sold and delivered;
(3) Money claims pursuant to a contract, warranty or agreement; and
(4) Purely civil action for payment of money covered by bounced or stopped check.
Upon receipt of a case, a judge is required to consider the following
(1) It must involve a pure money claim the principal amount of which does not exceed
P400,000.00;
(2) If the principal claim exceeds P400,000.00, there must be a waiver of the excess
embodied in the Statement of Claim;
(3) With regard to B.P. 22 (bouncing check law) cases, the court may only entertain
the civil aspect, and there should be an express waiver of such criminal action in
the verification and certification of non-forum shopping; and
 ALTERNATIVE DISPUTE RESOLUTION
FINALS REVIEWER

(4) If the case is not a “small claim” per se, but it still falls within the jurisdiction of the (2) Violations of municipal or city ordinances;
first level courts, the case should not be dismissed, and the judge should instead (3) Violations of the Rental Law;
just declare it re-docketed, but not reassigned. (4) All other criminal cases where the penalty does not exceed 6 months or a fine not
exceeding P1,000.00 or both irrespective of other imposable penalties,
Prohibited pleadings and motions accessories or otherwise, or of the civil liability arising from it; provided, in offenses
(1) Motion to dismiss the statement of claims; involving damage to property through criminal negligence, this rule shall govern
(2) Motion for a bill of particulars; where the imposable fine does not exceed P10,000.00; and
(3) Motion for new trial, or for reconsideration of a judgment, or for reopening of trial; (5) Violations of traffic laws, rules and regulations.
(4) Petition for relief from judgment;
(5) Motion for extension of time to file pleadings, affidavits, or any other paper; Totality Rule
(6) Memoranda; Under this rule, where there are several claims or causes of actions between the same
(7) Petition for certiorari, mandamus, or prohibition against any interlocutory order or different parties, embodied in the same complaint, the amount of the demand shall
issued by the court; be the totality of the claims in all the causes of action arising out of the same or different
(8) Motion to declare the defendant in default; transactions. (Pantranco North Express, Inc. vs. Standard Insurance Company, G.R.
(9) Dilatory motions for postponement; No. 140746, March 16, 2005)
(10) Interventions;
(11) Reply and rejoinder; and Prohibited pleadings and motions
(12) Third party complaints. (1) Motion to dismiss the complaint or to quash the complaint or information except on
the ground of lack of jurisdiction over the subject matter, or failure to refer the case
Appearance of parties for barangay conciliation when so required;
General rule: The parties shall personally appear at the designated date of hearing. (2) Motion for a bill of particulars;
Exception: Appearance through a representative, who must not be a lawyer and not (3) Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;
related to or next-of-kin of the individual party, when a valid cause is shown. (4) Petition for relief of judgment;
(5) Motion for extension of time to file pleadings, affidavits, or any other paper;
Appearance of attorneys (6) Memoranda;
General rule: No attorney shall appear in behalf of or represent a party at a hearing. (7) Petition for certiorari, mandamus, or prohibition against any interlocutory order
Exception: The attorney is the plaintiff or defendant. issued by the court;
(8) Motion to declare the defendant in default;
REVISED RULES ON SUMMARY PROCEDURE (9) Dilatory motions for postponement;
(10) Reply;
Applicability in Civil Cases (11) Third-party complaints; and
(1) All cases of forcible entry and unlawful detainer, irrespective of the amount of (12) Interventions.
damages or unpaid rentals sought to be recovered; and
(2) All other civil cases, except probate proceedings where the total amount of the
claim does not exceed P100,000.00 or in Metro Manila, P200,000.00.

Applicability in Criminal Cases

(1) Violation of B.P. 22;

PAGE 5 OF 6
© Murallos 2018-2019
A summary of Judge Mendinueto’s discussions and codal provisions
 ALTERNATIVE DISPUTE RESOLUTION
FINALS REVIEWER

COURT ANNEXED MEDIATION AND JUDICIAL DISPUTE RESOLUTION ARBITRATION OF CONSTRUCTION DISPUTES

Mandatory coverage Who can be parties?

(1) All civil cases and civil liability of cases covered by the Rule on Summary (1) Project owner;
Procedure, including the civil liability for violation of B.P. 22, except those which by (2) Contractor;
law may not be compromised; (3) Subcontractor;
(2) Special proceedings for the settlement of estates; (4) Fabricator;
(3) All cases filed with certificate to file action issued under the Revised Katarungang (5) Project manager;
Pambarangay Law; (6) Design professional;
(4) The civil aspect of quasi-offenses under Title 14 of the RPC; (7) Consultant;
(5) The civil aspect of less grave felonies punishable by correctional penalties not (8) Quantity surveyor;
exceeding 6 years imprisonment, where the offended person is a private person; (9) Bondsman; or
(6) The civil aspect of estafa, theft, and libel; (10) Issuer of an insurance policy in a construction project.
(7) All civil cases and probate proceedings brought on appeal from the original
jurisdiction of first level courts; Appointment of a foreign arbitrator
(8) All cases involving title to or possession of real property or an interest therein (1) The dispute is a construction dispute in which one party is an international party;
brought on appeal from the original jurisdiction of first level courts; and (2) The person to be appointed agreed to abide by the arbitration rules and policies of
(9) All habeas corpus cases decided by the first level courts in the absence of the RTC CIAC;
judge, that are brought on appeal. (3) S/he is either a co-arbitrator upon the nomination of the international party, a
common choice of the two CIAC-accredited arbitrators; and
Cases not covered (4) The foreign arbitrator shall be of different nationality from the international party.
(1) Civil cases which by law cannot be compromised;
(2) Habeas Corpus petitions; Cases covered (those discussed by Judge, but such is not limited to this)
(3) Other criminal cases not covered; (1) Violation of the agreement or workmanship
(4) All cases under VAWC; and (2) Construction disputes
(5) Cases pending application for restraining orders or preliminary injunctions, (3) Time delays
(4) Maintenance
Cocus (or cocusing) (5) Defects.
It is a procedure wherein the judge serves as an early neutral evaluator, especially if
the two parties refuse to settle or can no longer settle. The judge will, then, talk to the What is excluded from CIAC?
parties individually to discuss the strength and/or weakness of their claim to be able to (1) Employer-Employee relationships
reach to a point of settlement. (2) Labor disputes
(3) Money claims

PAGE 6 OF 6
© Murallos 2018-2019
A summary of Judge Mendinueto’s discussions and codal provisions