ADR: CIAC

Jurisdiction
BY: P.E. DE ELLO | 3C
Under ATTY. FAJARITO
Overiew
1. Law Conferring Jurisdiction

2. Inclusions and Exclusions

3. Forms of Agreement

4. Important Doctrines
1. Law Conferring Jurisdiction

Conferred by -- Sec. 4, EO 1008: (Remember OEJ-DC-PCP-BAC-AAB)

CIAC shall have
Original and Exclusive jurisdiction
over disputes arising from Contracts
Entered into by Parties involved in construction in the Philippines
Whether the same arises before or after the completion of the
contract,
Or after the abandonment or breach thereof.

Two (2) Acts which Vest CIAC Jurisdiction: (Remember PS)

1) presence of the arbitration clause (or pre-causal consent);
2) agreement by the parties to submit the dispute to CIAC (or
present causal consent).
2. Inclusions and Exclusions

Included in CIAC Jurisdiction (Remember CR-B)

1) Complaints for construction disputes,
2) including breach of construction contracts;
3) It also has jurisdiction over the reformation of contracts.

Excluded from CIAC Jurisdiction (Remember Dmeba-L-EF)

1) claims for moral damages,
2) exemplary damages,
3) opportunity or business losses in addition to liquidated damages,
4) attorney's fees, which are not arbitrable, UNLESS the parties mutually agree
to submit them for arbitration;
5) labor disputes;
6) Arbitration is not proper when assailing the existence of the contract on the
ground of fraud (Gonzales v. Climax Mining, GR No. 161957, Feb. 28, 2005),
etc.
3. Forms of Agreement

Forms of Agreement (Remember WOC)

1) In writing -- need not also be signed so long as the
intent is clear;
2) Correspondence (in the form of letters); and
3) Other modes of communication.
4. Important Doctrines

Important Principles/ Doctrines (remember DP-CD-PR-PE)

1) Jurisdiction is determined by law. It cannot be fixed by the will of the
parties to a dispute.
2) All that is required for CIAC to acquire jurisdiction is for the parties to a
construction contract to agree to submit their dispute to arbitration/
presence of arbitration clause.
3) CIAC jurisdiction cannot be subjected to a condition precedent.
4) In principle, the CIAC has jurisdiction over the dispute, AND NOT THE
CONTRACT.
5) EO 1008 is a special law. It takes precedence over BP 129, the general
law which confers jurisdiction to the regular courts over certain civil actions
like breach of contract.
6) CIAC finding of facts, as in the case of quasi-judicial agencies, are
generally accorded great respect, if not finality by courts xxx.
7) Doctrine of Primary Jurisdiction -- once CIAC acquires jurisdiction,
refusal by one party to participate will not prevent CIAC from proceeding
with the case.