Chapter 10: Special Rules of Court on Any parties to a mediated settlement

Alternative Dispute Resolution (ADR) agreement which was deposited, may,

*see “Appendix “E” of the book for reference (page 403) upon, breach thereof, file a verified
petition to enforce the agreement.
Provision Specific to Mediation – Rules 14 to 15,
Special ADR Rules If the agreement has not yet been
deposited, the petitioner has to deposit
 Rules 14 to 15 of the Special ADR Rules
the agreement first before filing the
govern the situation where the parties to
petition in court.
mediation entered into and executed written
mediated settlement agreements. The
The adverse party may file an opposition
parties may require any of the following
to the petition within 15 days from
processes:
receipt of notice of the petition.

1. Deposit of Mediated Settlement

The court shall conduct a summary
Agreements (Rules 15.1 to 15.4)
hearing to determine whether or not the
mediated settlement agreement is valid
In order for the mediated settlement
and render judgment accordingly by
agreement to be enforceable – it must
either enforcing the agreement or
be deposited with the proper Clerk of
dismissing the petition.
Court of the RTC:
Provision Specific to Other Forms of ADR –
i. Where the principal place of Rules 18.1 to 18.5, Special ADR Rules
business in the Philippines of
 Rule 18 of the Special ADR Rules apply to
any of the parties is located;
early neutral evaluation; neutral evaluation;
ii. If any of the parties is an
mini-trial; mediation-arbitration; any
individual, where any of those
combination thereof; or any other ADR form.
individuals resides; or
iii. In the National Capital Judicial
 General Rule: rules of procedure applicable
Region.
to the different forms of ADR shall be those
The Clerk of Court of every RTC is agreed upon by the parties.
required to:
 Absence of such agreement, the Specific
i. Keep a Registry Book – list or
Rules on these forms of ADR shall be
enroll chronologically all the
applicable.
mediated settlement
agreements or settlement
In Default thereof, the RULES ON
awards that are deposited with
MEDIATION shall suppletorily apply to
the court; and
the forms of ADR which are more akin to
ii. Issue a Certificate of Deposit to
mediation than arbitration.
the party making the deposit.
The RULES ON ARBITRATION for those
2. Enforcement of Mediated Settlement which are more akin to arbitration than
Agreements (Rules 15.5 to 15.8) mediation.
Chapter 11: Special Rules of Court on
Alternative Dispute Resolution (ADR)
*see “Appendix “E” of the book for reference (page 403)
Motion for Reconsideration, Appeal and
Certiorari
 Rule 19 of the Special ADR Rules covers the
remedies available to parties for challenging
the orders, decisions or judgments rendered
by the RTC. These remedies are:
1. Motion for Reconsideration (Rules 19.1 to
19.11) – A party may ask the RTC to
reconsider its ruling on the following:
a. That the arbitration agreement is
inexistent, invalid or unenforceable
pursuant to Rule 3.10 (B);
b. Upholding or reversing the arbitral
tribunal’s jurisdiction pursuant to Rule
3.19;
c. Denying a request to refer the parties to
arbitration;
d. Granting or denying a party an interim
measure of protection;
e. Denying a petition for the appointment
of an arbitrator;
f. Refusing to grant assistance in taking
evidence;
g. Enjoining or refusing to enjoin a person
from divulging confidential information;
h. Confirming, vacating or correcting a
domestic arbitral award;
i. Suspending the proceedings to set aside
an international commercial arbitral
award and referring the case back to the
arbitral tribunal;
j. Setting aside an international
commercial arbitral award;
k. Dismissing the petition to set aside an
international commercial arbitral award,
even if the court does not recognize
and/or enforce the same;
l. Recognizing and/or enforcing, or
dismissing a petition to recognize and/or
enforce an international commercial
arbitral award;
m. Declining a request for assistance in
taking evidence;
n. Adjourning or deferring a ruling on a
petition to set aside, recognize and/or
enforce an international commercial
arbitral award;
o. Recognizing and/or enforcing a foreign
arbitral award, or refusing recognition
and/or enforcement of the same; and
p. Granting or dismissing a petition to
enforce a deposited mediated
settlement agreement.
No motion for reconsideration shall be allowed
from the following rulings of the Regional Trial
Court:
a. A prima facie determination upholding
the existence, validity or enforceability
of an arbitration agreement pursuant to
Rule 3.1 (A);
b. An order referring the dispute to
arbitration;
c. An order appointing an arbitrator;
d. Any ruling on the challenge to the
appointment of an arbitrator;
e. Any order resolving the issue of the
termination of the mandate of an
arbitrator; and
f. An order granting assistance in taking
evidence.
The motion shall be in writing, filed with the
court and served upon the other party/ies who
shall have a non-extendible period of 15 days
from receipt thereof within which to file an
opposition or comment.
A motion for reconsideration shall be resolved
within thirty (30) days from receipt of the
opposition or comment or upon the expiration of
the period to file such opposition or comment.
Second motion for reconsideration are
prohibited.
2. Appeal to the Court of Appeals (Rules 19.12 The CA may give due course to the petition if
to 19.25) – akin to a “petition for review” it finds prima facie that the RTC has
under Rule 42 of the 1997 Rules of Civil committed an error that would warrant the
Procedure which is based on errors of facts reversal of the judgment.
and/or law.
Thereafter, the CA may direct the transmittal
The petition for review shall be allowed only of records, set the case for oral arguments,
from the following final orders of the RTC: require submission of memoranda, and
a. Granting or denying an interim measure render judgment.
of protection;
b. Denying a petition for appointment of an Rule 19 of the Rule 42 of the 1997
arbitrator; Special ADR Rules Rules of Civil
c. Denying a petition for assistance in Procedure
taking evidence; Filing of the appeal Filing of the appeal
d. Enjoining or refusing to enjoin a person under this rule shall under this rule shall
from divulging confidential information; not stay the award, stays the judgment or
e. Confirming, vacating or judgment, final final order appealed
correcting/modifying a domestic arbitral order or resolution from except in certain
award; sought to be instances.
f. Setting aside an international reviewed unless
commercial arbitration award; the CA directs
g. Dismissing the petition to set aside an otherwise.
international commercial arbitration Party appealing the This is not true for a
award even if the court does not decide decision shall Rule 42 petition.
to recognize or enforce such award; required to post a
h. Recognizing and/or enforcing an bond in favor of the
international commercial arbitration prevailing party
award; equal to the
i. Dismissing a petition to enforce an amount of the
international commercial arbitration award. Otherwise,
award; the petition may be
j. Recognizing and/or enforcing a foreign dismissed.
arbitral award;
k. Refusing recognition and/or
enforcement of a foreign arbitral award; 3. Special Civil Action for Certiorari (Rules
l. Granting or dismissing a petition to 19.26 to 19.35) – akin to a “petition for
enforce a deposited mediated certiorari” under Rule 65 of the 1997 Rules
settlement agreement; and of Civil Procedure which is based on the
m. Reversing the ruling of the arbitral ground that RTC has acted without or in
tribunal upholding its jurisdiction. excess of its jurisdiction, or with grave abuse
of discretion amounting to lack or excess of
The appeal shall be filed within 15 days from
jurisdiction, and there is no appeal or any
notice of the decision of the RTC or the
plain, speedy and adequate remedy under
denial of the petitioner’s motion for
the ordinary course of law.
reconsideration, by filing a verified petition
for review. A special civil action for certiorari may be filed
against the following orders of the RTC:
 a. Holding that the arbitration agreement The filing of a petition does not stay the
is inexistent, invalid or unenforceable; proceedings of the lower court or arbitral
b. Reversing the arbitral tribunal’s tribunal.
preliminary determination upholding its Speaks only of Allows the institution
jurisdiction; petitions to the CA of petitions for
c. Denying the request to refer the dispute from orders, certiorari from orders
to arbitration; decisions or or judgments of any
d. Granting or refusing an interim relief; judgments of the inferior court.
e. Denying a petition for the appointment RTC.
of an arbitrator;
f. Confirming, vacating or correcting a 4. Appeal by Certiorari to the Supreme Court
domestic arbitral award; (Rules 19.36 to 19.42) – akin to a “petition
g. Suspending the proceedings to set aside for review on certiorari” under Rule 45 of the
an international commercial arbitral
1997 Rules of Civil Procedure which is
award and referring the case back to the
grounded on pure questions of law.
arbitral tribunal;
h. Allowing a party to enforce an
international commercial arbitral award a. Failed to apply the applicable standard
pending appeal; or test for judicial review prescribed in
i. Adjourning or deferring a ruling on these Special ADR Rules in arriving at its
whether to set aside, recognize and or decision resulting in substantial
enforce an international commercial prejudice to the aggrieved party;
arbitral award; b. Erred in upholding a final order or
j. Allowing a party to enforce a foreign decision despite the lack of jurisdiction
arbitral award pending appeal; and of the court that rendered such final
k. Denying a petition for assistance in order or decision;
taking evidence. c. Failed to apply any provision, principle,
policy or rule contained in these Special
ADR Rules resulting in substantial
Rule 19 of the Rule 65 of the 1997
prejudice to the aggrieved party; and
Special ADR Rules Rules of Civil
d. Committed an error so egregious and
Procedure
harmful to a party as to amount to an
Limited to grave Can cover any and all
undeniable excess of jurisdiction.
abuse of discretion kinds of grave abuse of
enumerated above. discretion committed
It is not a matter of right and may be granted
by a tribunal, board or
officer exercising only for serious and compelling reasons
judicial or quasi- resulting in grave prejudice to the aggrieved
judicial functions. party.
Must be filed within Can be filed within 60
15 days from notice days from notice of The petition shall be filed with the SC within
of the judgment. judgment. 15 days from notice of the CA’s judgment or
The arbitral The tribunal that final order or resolution appealed from, or
tribunal shall be issued the assailed from the denial of the petitioner’s motion
named as a party judgment shall be for new trial or reconsideration, without
although it is named as a “public prejudice to a motion for the extension
merely a nominal respondent” thereof for a period of 30 days for justifiable
party.
reasons.
 Rule 19 of the Rule 45 of the
Special ADR Rules 1997 Rules of Civil
Procedure
The SC may motu propio deny the petition
on the ground that it is without merit, or
is prosecuted manifestly for delay, or that
the questions raised therein are too
insubstantial to require consideration.
It is silent on the Allowed under Rule
availability of a 45.
petition for review
on pure questions
of law direct from
the RTC to the SC.