Crim6 Merge

CRIM 6- DISPUTE RESOLUTION AND CRISIS /INCIDENTS MANAGEMENT
Module 1- Concept of Conflict

CONFLICT
A conflict is an activity which takes place when conscious beings (individuals or
groups) wish to carry out mutually inconsistent acts concerning their wants,
needs or obligations. (Nicholson, M., 1992)
Conflict may also refer to a natural disagreement or struggle between people
which may be physical, or between conflicting ideas. It can either be within one
person, or they can involve several people or groups. It exists when they have
incompatible goals and one or more believe that the behavior of the other
prevents them from their own goal achievement. The word “Conflict” comes from
the Latin word “conflingere” which means to come together for a battle.
Conflict Theories
Conflict theory
states that tensions
and conflicts arise
when resources,
status, and power are
unevenly distributed
between groups in
society and that
these conflicts
become the engine
for social change. In
this context, power
can be understood as
control of material resources and accumulated wealth, control of politics and the
institutions that make up society, and one's social status relative to others
(determined not just by class but by race, gender, sexuality, culture, and religion,
among other things). (Crossman, 2019)
Conflict theory originated in the
work of Karl Marx, who focused on the
causes and consequences of class
conflict between the bourgeoisie (the
owners of the means of production and
the capitalists) and the proletariat (the
working class and the poor). Many social
theorists have built on Marx's conflict
theory to bolster it, grow it, and refine it
over the years. Many others have drawn
on conflict theory to develop other types of theory within the social sciences,
including the following:
1. Feminist theory;
2. Critical race theory;
3. Postmodern theory and postcolonial theory;
4. Queer theory;
5. Post-structural theory, and
6. Theories of globalization and world systems.
So, while initially conflict theory described class conflicts specifically, it has lent
itself over the years to studies of how other kinds of conflicts, like those premised
on race, gender, sexuality, religion, culture, and nationality, among others, are a
part of contemporary social structures, and how they affect our lives.
The following are the five (5) Conflict Resolution Strategies:
Conflict Resolution Strategy #1: Avoiding
This is unassertive and uncooperative. The person neither pursues his own
concerns nor those of the other individual. Thus, he does not deal with the
conflict. Avoiding might take the form of diplomatically sidestepping an issue,
postponing an issue until a better time, or simply withdrawing from a threatening
situation.
Avoiding is when people just ignore or withdraw from the conflict. They choose
this method when the discomfort of confrontation exceeds the potential reward of
resolution of the conflict. While this might seem easy to accommodate for the
facilitator, people are not really contributing anything of value to the conversation
and may be withholding worthwhile ideas. When conflict is avoided, nothing is
resolved.
Conflict Resolution Strategy #2: Competing
This is assertive and uncooperative. An individual pursues his own concerns at
the other person’s expense. This is a power-oriented mode in which you use
whatever power seems appropriate to win your own position—your ability to
argue, your rank, or economic sanctions. Competing means “standing up for your
rights,” defending a position which you believe is correct, or simply trying to win.
Competing is used by people who go into a conflict planning to win. Competing
might work in sports or war, but it’s rarely a good strategy for group problem
solving.
Conflict Resolution Strategy #3: Accommodating
This is unassertive and cooperative—the complete opposite of competing. When
accommodating, the individual neglects his own concerns to satisfy the concerns
of the other person; there is an element of self-sacrifice in this mode.
Accommodating might take the form of selfless generosity or charity, obeying

another person’s order when you would prefer not to, or yielding to another’s
point of view.
Also, accommodating is a strategy where one party gives in to the wishes or
demands of another. They are being cooperative but not assertive. This may
appear to be a gracious way to give in when one figures out s/he has been wrong
about an argument. It is less helpful when one party accommodates another
merely to preserve harmony or to avoid disruption. Like avoidance, it can result in
unresolved issues. Too much accommodation can result in groups where the
most assertive parties commandeer the process and take control of most
conversations.
Conflict Resolution Strategy #4: Collaborating

It is both assertive and cooperative—the complete opposite of avoiding.
Collaborating involves an attempt to work with others to find some solution that
fully satisfies their concerns. It means digging into an issue to pinpoint the
underlying needs and wants of the two individuals. Collaborating between two
persons might take the form of exploring a disagreement to learn from each
other’s insights or trying to find a creative solution to an interpersonal problem.
A group may learn to allow each participant to contribute with the possibility of
co-creating a shared solution that everyone can support.
Conflict Resolution Strategy #5: Compromising
It is moderate in both assertiveness and cooperativeness. The objective is to find
some expedient, mutually acceptable solution that partially satisfies both parties.
It falls intermediate between competing and accommodating. Compromising
gives up more than competing but less than accommodating. Likewise, it
addresses an issue more directly than avoiding, but does not explore it in as
much depth as collaborating. In some situations, compromising might mean
splitting the difference between the two positions, exchanging concessions, or
seeking a quick middle- ground solution.
The concept of this is that everyone gives up a little bit of what they want, and no
one gets everything they want. The perception of the best outcome when working
by compromise is that which “splits the difference.” Compromise is perceived as
being fair, even if no one is particularly happy with the outcome.
MODULE 2- ALTERNATIVE DISPUTE RESOLUTION (ADR)

REPUBLIC ACT NO. 9285

This Act is known as the "Alternative Dispute Resolution Act of 2004."
Policy of the State regarding Alternative Dispute Resolution (ADR)
It is hereby declared the policy of the State to actively promote party
autonomy in the resolution of disputes or the freedom of the party to make their
own arrangements to resolve their disputes. Towards this end, the State shall
encourage and actively promote the use of Alternative Dispute Resolution (ADR)
as an important means to achieve speedy and impartial justice and declog court
dockets. As such, the State shall provide means for the use of ADR as an
efficient tool and an alternative procedure for the resolution of appropriate cases.
Likewise, the State shall enlist active private sector participation in the settlement
of disputes through ADR.
Does RA 9285 limits the power of the Supreme Court to adopt any ADR
System?
No. This Act shall be without prejudice to the adoption by the Supreme Court of
any ADR system, such as mediation, conciliation, arbitration, or any combination
thereof as a means of achieving speedy and efficient means of resolving cases
pending before all courts in the Philippines which shall be governed by such rules
as the Supreme Court may approve from time to time. (Sec. 2, RA 9285)
ALTERNATIVE DISPUTE RESOLUTION
Alternative Dispute Resolution System means any process or procedure used to
resolve a dispute or controversy, other than by adjudication of a presiding judge
of a court or an officer of a government agency, as defined under RA 9285, in
which a neutral third party participates to assist in the resolution of issues, which
includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or
any combination thereof. (Sec. 3, par. a, RA 9285)
ARBITRATION
Arbitration means a voluntary dispute resolution process in which one or more
arbitrators, appointed in accordance with the agreement of the parties, or rules
promulgated pursuant to RA 9285, resolve a dispute by rendering an award.
(Sec. 3, par. d, RA 9285)
Note: Award means any partial or final decision by an arbitrator in resolving the
issue or controversy.
Who is an Arbitrator?
Arbitrator means the person appointed to render an award, alone or with others,
in a dispute that is the subject of an arbitration agreement. (Sec. 3, par. e, RA
9285)
What is Early Neutral Evaluation?

This means an ADR process wherein parties and their lawyers are brought
together early in a pre-trial phase to present summaries of their cases and
receive a nonbinding assessment by an experienced, neutral person, with
expertise in the subject in the substance of the dispute. (Sec. 3, par. n, RA 9285)
What is Mediation?
Mediation means a voluntary process in which a mediator, selected by the
disputing parties, facilitates communication and negotiation, and assist the
parties in reaching a voluntary agreement regarding a dispute. (Sec. 3, par. q,
RA 9285)
Who is a Mediator?
Mediator means a person who conducts mediation. (Sec. 3, par. r, RA 9285)
What is Mediation Party?
This means a person who participates in a mediation and whose consent is
necessary to resolve the dispute. (Sec. 3, par. s, RA 9285)
What is Mediation-Arbitration?
"Mediation-Arbitration" or Med-Arb is a step dispute resolution process involving
both mediation and arbitration. (Sec. 3, par. t, RA 9285)
What is Mini-trial?
This means a structured dispute resolution method in which the merits of a case
are argued before a panel comprising senior decision makers with or without the
presence of a neutral third person after which the parties seek a negotiated
settlement (Sec. 3, par. u, RA 9285)
How arbitration, mediation and conciliation are different from each other?
Arbitration, mediation and conciliation are the main Alternative Dispute
Resolution Mechanism which is generally adopted by the people to resolve their
disputes in an informal manner. They try to reach a solution by settlement or
negotiation with the assistance of a third neutral party and have turned out to be
an effective alternative to the litigation process.
Arbitration is a process where the parties submit their case to a neutral third
party who on the basis of discussion determine the dispute and comes to a
solution.
Mediation and conciliation both are an informal process. Whereas, arbitration
is more formal as compared to them. In mediation, the mediator generally sets
out alternatives for the parties to reach out an agreement. The main advantage of
the mediation is that the settlement is made by the parties themselves rather
than a third party. It is not legally binding on the parties. In addition, the basic
motive of mediation is to provide opportunities to parties to negotiate and come
to a final solution catering the needs of both sides.
Dispute resolution through conciliation involves the assistance of a neutral third
party who plays an advisory role in reaching an agreement. The process adopted
by all the three are different but, the main purpose is to resolve the dispute in a
way where the interest of the parties is balanced.
What is ADR Provider?
"ADR Provider" means institutions or persons accredited as mediator,
conciliator, arbitrator, neutral evaluator, or any person exercising similar functions
in any Alternative Dispute Resolution system. This is without prejudice to the
rights of the parties to choose no accredited individuals to act as mediator,
conciliator, arbitrator, or neutral evaluator of their dispute. (Sec. 3, par. b, RA
9285)
What is the liability of ADR providers/Practitioners?
The ADR provides /practitioners shall have the same civil liability for acts
done in the performance of their official duties as that of public officers as
provided in Section 38 (1), Chapter 9, Book 1 of the Administrative Code of 1987,
upon a clear showing of bad faith, malice or gross negligence. (Article 1.5, IRR,
RA 9285)
What are the cases wherein Republic Act No. 9285 does not apply?
The provisions of RA 92856 shall not apply to resolution or settlement of the
following:
Labor disputes covered by Presidential Decree No. 442, otherwise known
as the Labor Code of the Philippines, as amended and its Implementing
Rules and Regulations;
The civil status of persons;
The validity of a marriage;
Any ground for legal separation;
The jurisdiction of courts;
Future legitime;
Criminal liability;
Those which by law cannot be compromised; and
Those disputes referred to court-annexed mediation. (Article 1.3, IRR, RA
9285)
THE OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION
Office for Alternative Dispute Resolution
The Office for Alternative Dispute Resolution (OADR) is as an agency attached

to the Department of Justice. It shall have a Secretariat and shall be headed by
an Executive Director, who shall be appointed by the President of the Philippines,
taking into consideration the recommendation of the Secretary of Justice. (Article
2.1., IRR, RA 9285)
POWERS OF THE OADR
The OADR shall have the following powers:
To act as appointing authority of mediators and arbitrators when the
parties agree in writing that it shall be empowered to do so;
To conduct seminars, symposia, conferences and other public fora and
publish proceedings of said activities and relevant materials/information
that would promote, develop and expand the use of ADR;
To establish an ADR library or resource center where ADR laws, rules and
regulation, jurisprudence, books, articles and other information about ADR
in the Philippines and elsewhere may be stored and accessed;
To establish training programs for ADR providers/practitioners, both in the
public and private sectors; and to undertake periodic and continuing
training programs for arbitration and mediation and charge fees on
participants. It may do so in conjunction with or in cooperation with the
IBP, private ADR organizations, and local and foreign government offices
and agencies and international organizations;
To certify those who have successfully completed the regular professional
training programs provided by the OADR;
To charge for services rendered such as, among others, for training and
certifications of ADR providers;
To accept donations, grants and other assistance from local and foreign
sources; and
To exercise such other powers as may be necessary and proper to carry
into effect the provisions of the ADR Act. (Art. 2.2., IRR, RA 9285)
What are the functions of OADR?
The OADR shall have the following functions:
To promote, develop and expand the use of ADR in the private and public
sectors through information, education and communication;
To monitor, study and evaluate the use of ADR by the private and public
sectors for purposes of, among others, policy formulation;
To recommend to Congress needful statutory changes to develop,
strengthen and improve ADR practices in accordance with international
professional standards;
To make studies on and provide linkages for the development,
implementation, monitoring and evaluation of government and private
ADR programs and secure information about their respective

administrative rules/procedures, problems encountered and how they
were resolved;
To compile and publish a list or roster of ADR providers/practitioners, who
have undergone training by the OADR, or by such training
providers/institutions recognized or certified by the OADR as performing
functions in any ADR system. The list or roster shall include the
addresses, contact numbers, e-mail addresses, ADR service/s rendered
(e.g. arbitration, mediation) and experience in ADR of the ADR
providers/practitioners;
To compile a list or roster of foreign or international ADR
providers/practitioners. The list or roster shall include the addresses,
contact numbers, e-mail addresses, ADR service/s rendered (e.g.
arbitration, mediation) and experience in ADR of the ADR
providers/practitioners; and
To perform such other functions as may be assigned to it. (Art. 2.3., IRR,
RA 9285)
State the Divisions of OADR.
The OADR shall have the following staff and service divisions, among others:
Secretariat – shall provide necessary support and discharge such other
functions and duties as may be directed by the Executive Director.
Public information and Promotion Division – shall be charged with the
dissemination of information, the promotion of the importance and public
acceptance of mediation, conciliation, arbitration or any combination
thereof and other ADR forms as a means of achieving speedy and
efficient means of resolving all disputes and to help in the promotion,
development and expansion of the use of ADR.
Training Division – shall be charged with the formulation of effective
standards for the training of ADR practitioners; conduct of training in
accordance with such standards; issuance of certifications of training to
ADR practitioners and ADR service providers who have undergone the
professional training provided by the OADR; and the coordination of the
development, implementation, monitoring and evaluation of government
and private sector ADR programs.
Records and Library Division – shall be charged with the establishment
and maintenance of a central repository of ADR laws, rules and
regulations, jurisprudence, books, articles, and other information about
ADR in the Philippines and elsewhere. (Art. 2.4., IRR, RA 9285)
What is Advisory Council? State its composition.
There is also created an Advisory Council composed of a representative from

each of the following:
Mediation profession;
Arbitration profession;
ADR organizations;
IBP; and
Academe.
The members of the Council, who shall be appointed by the Secretary of Justice
upon the recommendation of the OADR Executive Director, shall choose a
Chairman from among themselves. (Art. 2.5., IRR, RA 9285)
What is the role of the Advisory Council?
The Advisory Council shall advise the Executive Director on policy, operational
and other relevant matters. The Council shall meet regularly, at least once every
two (2) months, or upon call by the Executive Director. (Art. 2.6., IRR, RA 9285)
Module 3- MEDIATION
Mediation
Mediation is a voluntary process in which a trained and impartial third person,
the mediator, helps the parties in dispute to reach an amicable settlement that is
responsive to their needs and acceptable to all sides. The mediator brings the
parties together face-to-face in a private and confidential setting.
What are the Terms Applicable to the Segment/Discussion on International

Commercial Arbitration?
Ad hoc Mediation means any mediation other than institutional or court-
annexed.
Institutional Mediation means any mediation process conducted under the
rules of a mediation institution.
Court-Annexed Mediation means mediation process conducted under the

auspices of the court and in accordance with Supreme Court approved
guidelines, after such court has acquired jurisdiction of the dispute.
Court-Referred Mediation means mediation ordered by a court to be
conducted in accordance with the agreement of the parties when an action
is prematurely commenced in violation of such agreement.
Certified Mediator means a mediator certified by the Office for ADR as
having successfully completed its regular professional training program.
Mediation means a voluntary process in which a mediator, selected by the
disputing party voluntary agreement regarding a dispute.
Mediation Party means a person who participates in a mediation and
whose consent is necessary to resolve the dispute.
Mediator means a person who conducts mediation.
Non-Party Participant means a person, other than a party or mediator,
who participates in a mediation proceeding as a witness, resource person
or expert. (Rule 2, par. B, IRR, RA 9285)
Scope of application of the Implementing Rules
These Rules apply to voluntary mediation, whether ad hoc or institutional, other
than court-annexed mediation and only in default of an agreement of the parties
on the applicable rules.
These Rules shall also apply to all cases pending before an administrative or
quasi-judicial agency that are subsequently agreed upon by the parties to be
referred to mediation. (Article 3.1., IRR, RA 9285)
Define Ad hoc, Institutional and Court-Annexed Mediation.
Ad hoc Mediation means any mediation other than institutional or court-
annexed.
Institutional Mediation means any mediation process conducted under the
rules of a mediation institution.
Court-Annexed Mediation means mediation process conducted under the
auspices of the court and in accordance with Supreme Court approved
guidelines, after such court has acquired jurisdiction of the dispute.
State policy on Mediation
In applying and construing the provisions of these Rules, consideration must be
given to the need to promote candor of parties and mediators through
confidentiality of the mediation process, the policy of fostering prompt,
economical and amicable resolution of disputes in accordance with principles of
integrity of determination by the parties and the policy that the decision-making
authority in the mediation process rests with the parties.
A party may petition a court before which an action is prematurely brought in a

matter which is the subject of a mediation agreement, if at least one party so
requests, not later than the pre-trial conference or upon the request of both
parties thereafter, to refer the parties to mediation in accordance with the
agreement of the parties. (Article 3.2., IRR, RA 9285)
SELECTION OF A MEDIATOR
Do parties have the right to select a Mediator?
Yes. The parties have the freedom to select a mediator. The parties may request
the Office for Alternative Dispute Resolution (OADR) to provide them list or roster
or the resumes of its certified mediators. The OADR may be requested to inform
the mediator of his/her selection. (Article 3.3., IRR, RA 9285)
Is it required that a Mediator has special qualifications by background or
profession?
As a Rule, ADR act does not require that a mediator shall have special
qualifications by background or profession unless the special qualifications of a
mediator are required in the mediation agreement or by the mediation parties.
(Sec. 13, RA 9285)
May a party waive his right to participate in Mediation?
Yes, except as otherwise provided in RA 9285, a party may designate a lawyer
or any other person to provide assistance in the mediation. A lawyer of this right
shall be made in writing by the party waiving it. A waiver of participation or legal
representation may be rescinded any time. (Sec. 14, RA 9285)
Note: Rescind means to revoke or cancel.
When a Mediator be replaced?
If the mediator selected is unable to act as such for any reason, the parties may,
upon being informed of such fact, select another mediator. (Article 3.4., IRR, RA
9285)
What are the grounds wherein a Mediator may refuse or withdraw such?
A mediator may refuse from acting as such, withdraw or may be compelled to
withdraw from mediator proceedings under the following circumstances:
If any of the parties so requests the mediator to withdraw;
The mediator does not have the qualifications, training and experience to
enable him/her to meet the reasonable expectations of the parties;
Where the mediator's impartially is in question;
If continuation of the process would violate any ethical standards;
If the safety of any of the parties would be jeopardized;
If the mediator is unable to provide effective services;

In case of conflict of interest; and
In any of the following instances, if the mediator is satisfied that:
One or more of the parties is/are not acting in good faith;
The parties' agreement would be illegal or involve the commission of a
crime;
Continuing the dispute resolution would give rise to an appearance of
impropriety;
Continuing with the process would cause significant harm to a non-
participating person or to the public; or
Continuing discussion would not be in the best interest of the parties, their
minor children or the dispute resolution process. (Article 3.5., IRR, RA
9285)
ETHICAL CONDUCT OF A MEDIATOR

Terms as Ethical Conduct of a Mediator:
Competence
It is not required that a mediator shall have special qualifications by background
or profession unless the special qualifications of a mediator shall:
maintain the continually upgrade his/her professional competence in
mediation skills;
ensure that his/her qualifications, training and experience are known to
and accepted by the parties; and
serve only when his/her qualifications, training and experience enable
him/her to meet the reasonable expectations of the parties and shall not
hold himself/herself out or give the impression that he/she does not have.
Upon the request of a mediation party, an individual who is requested to serve as
mediator shall disclose his/her qualifications to mediate a dispute. (Article 3.5.,
IRR, RA 9285)
Impartially
A mediator shall maintain impartiality.
Before accepting a mediation, an individual who is requested to serve as a
mediator shall:
make an inquiry that is reasonable under the circumstances to determine
whether there are known facts that a reasonable individual would consider
likely to affect the impartiality of the mediator, including a financial or
personal interest in the outcome of the mediation and any existing or past
relationship with a party of foreseeable participant in the mediation; and
disclose to the mediation parties any such fact known or learned as soon
as practical before accepting a mediation.
If a mediator learns any fact described in paragraph (a) of this Article after
accepting a mediation, the mediator shall disclose it as soon as
practicable to the mediation parties. (Article 3.7., IRR, RA 9285)
Confidentiality
A mediator shall keep in utmost confidence all confidential information obtained
in the course of the mediation process.
A mediator shall discuss issues of confidentiality and the extent of
confidentiality provided in any private sessions or caucuses that the
mediator holds with a party. (Article 3.8., IRR, RA 9285)
Consent and Self-Determination
A mediator shall make reasonable efforts to ensure that each party
understands the nature and character of the mediation proceeding
including private caucuses, the issues, the available options, the
alternatives to non-settlement, and that each party is free and able to
make whatever choices he/she desires regarding participation in
mediation generally and regarding specific settlement options.
If a mediator believes that a party, who is not represented by counsel, is unable
to understand, or fully participate, the mediation proceedings for any reason, a
mediator may either:
limit the scope of the mediation proceedings in a manner consistent with
the party's ability to participate, and/or recommend that the party obtain
appropriate assistance in order to continue with the process; or
terminate the mediation proceedings.
A mediator shall recognize and put in mind that the primary responsibility
of resolving a dispute and the shaping of a voluntary and uncoerced
settlement rests with the parties. (Article 3.9., IRR, RA 9285)
Separation of Mediation from Counseling and Legal Advice
Except in evaluative mediation or when the parties so request, a mediator
shall:
refrain from giving legal or technical advice and otherwise engaging in
counseling or advocacy; and
abstain from expressing his/her personal opinion on the rights and duties
of the parties and the merits of any proposal made.
Where appropriate and where either or both parties are not represented
by counsel, a mediator shall;
recommend that the parties seek outside professional advice to help them
make informed decision and to understand the implication of any proposal;
and
suggest that the parties seek independent legal and/or technical advice
before a settlement agreement is signed.
without the consent of al parties, and for a reasonable time under the
particular circumstance, a mediator who also practices another profession
shall not establish a professional relationship in that other profession with
one of the parties, or any person or entity, in a substantially and factually
related matter. (Article 3.10., IRR, RA 9285)
Charging of Fees.
With respect to charging of fees:
A mediator shall fully disclose and explain to the parties the basis of cost,
fees and charges.
The mediator who withdraws from the mediation shall return to the parties
any unearned fee and unused deposit.
A mediator shall not enter into a fee agreement, which is contingent upon
the results of the mediation or the amount of the settlement. (Article 3.11.,
IRR, RA 9285)
Promotion of Respect and Control of Abuse of Process.
The mediator shall encourage mutual respect between the parties, and shall take
reasonable steps, subject to the principle of self- determination, to limit abuses of
the mediation process. (Article 3.12., IRR, RA 9285)
Solicitation or Acceptance of any Gift.
No mediator or any member of a mediator’s immediate family or his/her agent
shall request, solicit, receive or accept any gift or any type of compensation other
than the agreed fee and expenses in connection with any matter coming before
the mediator. (Article 3.13., IRR, RA 9285)
ROLE OF PARTIES AND THEIR COUNSELS IN MEDIATION
May a party designate a lawyer to assist him in Mediation?
Yes, except as otherwise provided by the ADR Act or by there Rules, a party
may designate a lawyer or any other person to provide assistance in the
mediation. A waiver of this right shall be made in writing by the party waiving it. A
waiver of participation or legal representation may be rescinded at any time.
(Article 3.14., IRR, RA 9285)
Enumerate the Roles of a Counsel in Mediation proceedings.
The lawyer shall view his/her role in the mediation as a collaborator with
the other lawyer in working together toward the common goal of helping
their clients resolve their differences to their mutual advantage.
The lawyer shall encourage and assist his/her client to actively participate
in positive discussions and cooperate in crafting an agreement to resolve
their dispute.
The lawyer must assist his/her client to comprehend and appreciate the
mediation process and its benefits, as well as the client’s greater personal
responsibility for the success of mediation in resolving the dispute.
In preparing for participation in mediation, the lawyer shall confer and
discuss with his/her client the following:
The mediation process as essentially a negotiation between the parties
assisted by their respective lawyers, and facilitated by a mediator,
stressing it its difference from litigation, its advantages and benefits, the
clients heightened role in mediation and responsibility for its success and
explaining the role of the lawyer in mediation proceedings,
The substance of the upcoming mediation such as;
The substantive issues involved in the dispute and their prioritization in
terms of importance to his/her client’s real interests and needs.
The study of other party’s position in relation to the issues with a view to
understanding the underlying interests, fears, concerns and needs;
The information or facts to be gathered or sought from the other side or to
be exchanged that are necessary for informed decision-making;
The possible options for settlement but stressing the need to be open-
minded about other possibilities; and
The best, worst and most likely alternative to a non-negotiated settlement.
What other matters a Counsel must do to assist in the Mediation? To assist
in the Mediation, the lawyer:
shall give support to the mediator so that his/her client will fully understand
the rules and processes of mediation;
shall impress upon his/her client the importance of speaking for
himself/herself and taking responsibility for making decisions during the
negotiations within the mediation process.;
may ask for a recess in order to give advice or suggestions to his/her
client in private, if he/she perceives that his/her client is unable to bargain
effectively; and
shall assist his/her client and the mediator put in writing the terms of the
settlement agreement that the parties have entered into. That lawyers
shall see to it that the terms of the settlement agreement are not contrary
to law, morals, good customs, public order or public policy. (Article 3.16.,
IRR, RA 9285)
CONDUCT OF MEDIATION
What are the articles to be considered in the conduct of Mediation?
The articles to be considered in the conduct of Mediation are the following:

The mediator shall not make untruthful or exaggerated claims about the
dispute resolution process, its costs and benefits, its outcome or the
mediator’s qualifications and abilities during the entire mediation process.
The mediator shall held the parties reach a satisfactory resolution to their
dispute but has no authority to impose a settlement on the parties.
The parties shall personally appear for mediation and may be assisted by
a lawyer. A party maybe represented by an agent who must have full
authority to negotiate and settle the dispute.
The mediation process shall, in general, consists of the following stages:
opening statement of the mediator
individual narration by the parties;
exchange by the parties;
summary of issues;
generation and evaluation of options; and
closure
The mediation proceeding shall be held in private. Person, other than the
parties, their representatives and mediator, may attend only with the
consent of all the parties,
the mediation shall be closed:
by the execution of a settlement agreement by the parties;
by the withdrawal of any party from mediation; and
by the written declaration of the mediator that any further effort at
mediation would not be helpful. (Article 3.17., IRR, RA 9285)
Where is the place of Mediation?
The parties are free to agree on the place of mediation. Failing such agreement,
the place of mediation shall be any place convenient and appropriate to all
parties. (Article 3.18., IRR, RA 9285)
EFFECT OF AGREEMENT TO SUBMIT A DISPUTE TO MEDIATION UNDER
INSTITUTIONAL RULES
What does an agreement to submit a dispute to mediator by an institution
include?
An agreement to submit a dispute to mediation by an institution shall include an
agreement to be bound by the internal mediation and administrative policies of
such institution. Further, an agreement to submit a dispute to mediation under
institutional mediation rules shall be deemed to include an agreement to have
such rules govern the mediation of the dispute and for the mediator, the parties,
their respective counsels and non- party participants to abide by such rules.
ENFORCEMENT OF MEDIATED SETTLEMENT AGREEMENT

What are the operative principles to guide Mediation?
The mediation shall be guided by the following operative principles:
A settlement agreement following successful mediation shall be prepared
by the parties with the assistance of their respective counsels. If any, and
by the mediator. The parties and their respective counsels shall endeavor
to make the terms and condition of the settlement agreement complete
and to make adequate provision for the contingency of breach to avoid
conflicting interpretations of the agreement.
The parties and their respective counsels, if any, shall sign the settlement
agreement. The mediator shall certify that he/she explained the contents
of the settlement agreement to the parties in a language known to them.
If the parties agree, the settlement agreement may be jointly deposited by
the parties or deposited by one party with prior notice to the other
party/ties with the Clerk of Court of the Regional Trial Court (a) where the
principal place of business in the Philippines of any of the parties is
located; (b) if any of the parties is an individual, where any of those
individuals resides; or (c) in the National Capital Judicial Region. Where
there is a need to enforce the settlement agreement, a petition may be
filed by any of the parties with the same court in which case, the court
shall proceed summarily to hear the petition, in accordance with the
Special ADR Rules.
The parties may agree in the settlement agreement that the mediator shall
become a sole arbitrator for the dispute and shall treat the settlement
agreement as an arbitral award which shall be subject to enforcement
under Republic Act No. 876, otherwise known as "The Arbitration Law",
notwithstanding the provisions of Executive Order No. 1008, s. 1985,
otherwise known as the "Construction Industry Arbitration Law" for
mediated disputes outside the Construction Industry Arbitration
Commission. (Article 3.20., IRR, RA 9285)
CONFIDENTIALITY OF INFORMATION
What are the principles and guidelines on the information obtained through
Mediation?
Information obtained through mediation proceedings shall be subject to the
following principles and guidelines:
Information obtained through mediation shall be privileged and
confidential.
A party, mediator, or non-party participant may refuse to disclose and may
prevent any other person from disclosing a confidential information.
Confidential information shall not be subject to discovery and shall be

inadmissible in any adversarial proceeding, whether judicial or quasi-
judicial. However, evidence or information that is otherwise admissible or
subject to discovery does not become inadmissible or protected from
discovery solely by reason of its use in a mediation.
In such an adversarial proceeding, the following persons involved or
previously involved in a mediation may not be compelled to disclosed
confidential information obtained during the mediation:
the parties to the dispute;
the mediator or mediators;
the counsel for the parties;
the non-party participants
any person hired or engaged in connection with the mediation as
secretary, stenographer, clerk or assistant; and
any other person who obtains or possesses confidential information by
reason of his/her profession.
The protections of the ADR Act shall continue to apply even if a mediator
is found to have failed to act impartially.
A mediator may not be called to testify to provide confidential information
gathered in mediation. A mediator who is wrongfully subpoenaed shall be
reimbursed the full cost of his/her attorney’s fees and related expenses.
May the privilege of confidentiality of information be waived?
Yes, under the following circumstances, a privilege of confidentiality of
information is deemed waived:
A privilege arising from the confidentiality of information may be waived in
a record or orally during a proceeding by the mediator and the mediation
parties.
With the consent of the mediation parties, a privilege arising from the
confidentiality of information may likewise be waived by a non-party
participant if the information is provided by such non-party participant.
A person who discloses confidential information shall be precluded from
asserting the privilege under Article 3.21 (Confidentiality of Information) to
bar disclosure of the rest of the information necessary to a complete
understanding of the previously disclosed information. If a person suffers
loss or damage as a result of the disclosure of the confidential information,
he/she shall be entitled to damages in a judicial proceeding against the
person who made the disclosure.
A person who discloses or makes a representation about a mediation is
precluded from asserting the privilege mentioned in Article 3.21 to the
extent that the communication prejudices another person in the
proceeding and it is necessary for the person prejudiced to respond to the

representation or disclosure. (Article 3.22., IRR, RA 9285)
What are the exceptions to the privilege of confidentiality of information?
There is no privilege against disclosure under Article 3.21 in the following
instances:
in an agreement evidenced by a record authenticated by all parties to the
agreement;
available to the public or made during a session of a mediation which is
open, or is required by law to be open, to the public;
a threat or statement of a plan to inflict bodily injury or commit a crime of
violence;
intentionally used to plan a crime, attempt to commit, or commit a crime,
or conceal an ongoing crime or criminal activity.
sought or offered to prove or disprove abuse, neglect, abandonment or
exploitation in a proceeding in which a public agency is protecting the
interest of an individual protected by law; but this exception does not apply
where a child protection matter is referred to mediation by a court or
where a public agency participates in the child protection mediation;
sought or offered to prove or disapprove a claim or complaint of
professional misconduct or malpractice filed against a party, non-party
participant, or representative of a party based on conduct occurring during
a mediation.
If a court or administrative agency finds, after a hearing in camera, that the
party seeking discovery of the proponent of the evidence has shown that
the evidence is not otherwise available, that there is a need for the
evidence that substantially outweighs the interest in protecting
confidentially, and the mediation communication is sought or offered in:
a court proceeding involving a crime or felony; or
a proceeding to prove a claim or defense that under the law is sufficient to
reform or avoid a liability on a contract arising out of the mediation.
A mediator may not be compelled to provide evidence of a mediation
communication or testify in such proceeding.
If a mediation communication is not privileged under an exception in sub-
section (a) or (b) hereof, only the portion of the communication necessary
for the application of the exception for non-disclosure may be admitted.
The admission of a particular evidence for the limited purpose of an
exception does not render that evidence, or any other mediation
communication, admissible for any other purpose. (Article 3.23., IRR, RA
9285)
May a Mediator be allowed to make a report to communicate matters
regarding Mediation?
As a Rule, NO. A mediator may not make a report, assessment, evaluation,

recommendation, finding or other communication regarding a mediation to a
court or agency or other authority that may make a ruling on a dispute that is the
subject of a mediation, except:
to state that the mediation occurred or has terminated, or where a
settlement was reached; or
as permitted to be disclosed under Article 3.23 (Exception to the Privilege
of Confidentiality of Information).
The parties may, by an agreement in writing, stipulate that the settlement
agreement shall be sealed and not disclosed to any third party including the
court. Such stipulation, however, shall not apply to a proceeding to enforce or set
aside the settlement agreement. (Article 3.24., IRR, RA 9285)
FEES AND COST OF MEDIATION
In Ad Hoc Mediation, what are the rules on Fees and Cost?
In ad hoc mediation, the parties are free to make their own arrangement as to
mediation cost and fees. In default thereof, the schedule of cost and fees to be
approved by the OADR shall be followed. (Article 3.25., IRR, RA 9285)
In Institutional Mediation, what does mediation cost include?
In institutional mediation, mediation cost shall include the administrative charges
of the mediation institution under which the parties have agreed to be bound,
mediator’s fees and associated expenses, if any. In default of agreement of the
parties as to the amount and manner of payment of mediation’s cost and fees,
the same shall be determined in accordance with the applicable internal rules of
the mediation service providers under whose rules the mediation is conducted.
What are the factors in determining mediation fee?
A mediation service provider may determine such mediation fee as is reasonable
taking into consideration the following factors, among
others:
the complexity of the case;
the number of hours spent in mediation; and
the training, experience and stature of mediators. (Article 3.26., IRR, RA
9285)
MODULE IV- INTERNATIONAL COMMERCIAL ARBITRATION

What are the Terms Applicable to the Segment/Discussion on International
Commercial Arbitration?
Appointing Authority as used in the Model Law shall mean the person or
institution named in the arbitration agreement as the appointing authority;
or the regular arbitration institution under whose rules the arbitration is
agreed to be conducted. Where the parties have agreed to submit their
dispute to institutional arbitration rules and unless they have agreed to a
different procedure, they shall be deemed to have agreed to the procedure
under such arbitration rules for the selection and appointment of
arbitrators. In ad hoc arbitration, the default appointment of an arbitrator
shall be made by the National President of the Integrated Bar of the
Philippines (IBP) or his /her duly authorized representative.
Arbitral Tribunal (under the Model Law) means a sole arbitrator or a panel
of arbitrators.
Arbitration means any arbitration whether or not administered by a
permanent arbitration institution.
Commercial Arbitration means an arbitration that covers matters arising
from all relationships of a commercial nature, whether contractual or not.
Relationships of a commercial nature include, but are not limited to, the
following commercial transactions: any trade transaction for the supply or
exchange of goods or services; distribution agreements; construction of
works; commercial representation or agency; factoring; leasing;
consulting; engineering; licensing; investment; financing; banking;
insurance; joint venture and other forms of industrial or business
cooperation; carriage of goods or passengers by air, sea rail or road.
Convention Award means a foreign arbitral award in a Convention State.
Convention State means a state that is a member of the New York
Convention.
Court (under the Model Law) means a body or organ of the judicial system
of the Philippines (i.e., the Regional Trial Court, Court of Appeals and
Supreme Court).
International Arbitration means an arbitration where:
the parties to an arbitration agreement have, at the time of the conclusion
of that agreement, their places of business in different states; or
one of the following places is situated outside the Philippines in which the
parties have their places of business:
the place of arbitration if determined in, or pursuant to , the arbitration
agreement;
any place where a substantial part of the obligations of the commercial
relationship is to be performed or the place with the subject matter of the
dispute is most closely connected; or
the parties have expressly agreed that the subject matter of the arbitration
agreement relates to more than one country. For this purpose:
if a party has more than one place of business, the place of business is
that which has the closest relationship to the arbitration agreement;
if a party does not have a place of business, reference is to be made to
his/her habitual residence.
New York Convention means the United Nations Convention of the
Recognition and Enforcement of Foreign Arbitral Awards approved in
1958 and ratified by the Philippine Senate under Senate Resolution
No.71.
Non-Convention Award means a foreign arbitral ward made in a state,
which is not a Convention State.
Non-Convention State means a state that is not a member of the New
York Convention. (Rule 2, par. C, IRR, RA 9285)
What is the scope of application of Chapter 4 of the IRR of RA 9285 on
International Commercial Arbitration?
It applies to international commercial arbitration, subject to any agreement
in force between the Philippines and other state or states.
It applies only if the place or seat of arbitration is the Philippines and in
default of any agreement of the parties on the applicable rules.
It shall not affect any other law of the Philippines by virtue of which certain
disputes may not be submitted to arbitration or may be submitted to
arbitration only according to provisions other than those of the ADR Act.
Cite the Rules on International Commercial Arbitration.
The following are the rules of interpretation in international commercial
arbitration:
International commercial arbitration shall be governed by the Model

Law on International Commercial Arbitration.
In interpreting this Chapter, regard shall be had to the international
origin of the Model Law and to the need for uniformity in its
interpretation. Resort may be made to the travaux preparatoires and
the Report of the Secretary-General of the United Nations Commission
on International Trade Law dated March 1985 entitled, "International
Commercial Arbitration: Analytical Commentary on Draft Text identified
by reference number A/CN. 9/264".
Moreover, in interpreting this Chapter, the court shall have due regard
to the policy of the law in favor of arbitration and the policy of the
Philippines to actively promote party autonomy in the resolution of
disputes or the freedom of the parties to make their own arrangement
to resolve their dispute.
Where a provision of this Chapter, except the Rules applicable to the
substance of the dispute, leaves the parties free to determine a certain
issue, such freedom includes the right of the parties to authorize a third
party, including an institution, to make that determination.
Where a provision of this Chapter refers to the fact that the parties
have agreed or that they may agree or in any other way refers to an
agreement of the parties, such agreement includes any arbitration
rules referred to in that agreement.
Where a provision of this Chapter, other than in paragraph (a) of Article
4.25 (Default of a Party) and paragraphs (b) (i) of Article 4.32
(Termination of Proceedings), refers to a claim, it also applies to a
counter-claim, and where it refers to a defense, it also applies to a
defense to such counter-claim. (Article 4.2., IRR, RA 9285)
When is a written communication deemed received?
Unless otherwise agreed by the parties:
any written communication is deemed to have been received if it is
delivered to the addressee personally or at his/her place of business,
habitual residence or mailing address; if none of these can be found after
making a reasonable inquiry, a written communication is deemed to have
been received if it is sent to the addressee’s last known place of business,
habitual residence or mailing address by registered letter or any other
means which provides a record of the attempt to deliver it;
the communication is deemed to have been received on the day it is so
delivered.
The provisions of this Article do not apply to communications in court
proceedings, which shall be governed by the Rules of Court. (Article 4.3.,
IRR, RA 9285)
May the right to object be waived?

Yes. The right to object may be waived. Any party who knows that any provision
of this Chapter from which the parties may derogate or any requirement under
the arbitration agreement has not been complied with and yet proceeds with the
arbitration without stating the objections for such non-compliance without undue
delay or if a time limit is provided therefor, within such period of time, shall be
deemed to have waived the right to object. (Article 4.4., IRR, RA 9285)
What is the extent of Court intervention?
In matters governed by this Chapter, no court shall intervene except where so
provided in the ADR Act. Resort to Philippine courts for matters within the scope
of the ADR Act shall be governed by the Special ADR Rules. (Article 4.5., IRR,
RA 9285)
What other functions must be performed by the appointing authority?
The functions referred to in paragraphs (c) and (d) of Article 4.11
(Appointment of Arbitrators) and paragraph (c) of Article 4.13 (Challenge
Procedure) and paragraph (a) of Article 4.14 (Failure or Impossibility to
Act) shall be performed by the appointing authority as defined in Article
1.6 C1, unless the latter shall fail or refuse to act within thirty (30) days
from receipt of the request in which case the applicant may renew the
application with the court. The appointment of an arbitrator is not subject
to appeal or motion for reconsideration.
The functions referred to in paragraph (c) of Article 4.16 (c) (Competence
of Arbitral Tribunal to Rule on its Jurisdiction), second paragraph of Article
4.34 (Application for Setting Aside an Exclusive Recourse Against Arbitral
Award), Article 4.35 (Recognition and Enforcement), Article 4.38 (Venue
and Jurisdiction), shall be performed by the appropriate Regional Trial
Court.
A Court may not refuse to grant, implement or enforce a petition for an
interim measure, including those provided for in Article 4.9 (Arbitration
Agreement and Interim Measures by Court), Article 4. 11 (Appointment of
Arbitrators), Article 4.13 (Challenge Procedure), Article 4,27 (Court
Assistance in Taking Evidence), on the sole ground that the Petition is
merely an ancillary relief and the principal action is pending with the
arbitral tribunal. (Article 4.6., IRR, RA 9285)
ARBITRATION AGREEMENT
Arbitration Agreement
The Arbitration agreement, as defined in Articles 1.6 A4, shall be in
writing. An agreement is in writing if it is contained in a document signed by the
parties or in an exchange of letters, telex, telegrams or other means of
telecommunication which provide a record of the agreement, or in an exchange

of statements of claim and defense in which the existence of an agreement, or in
an exchange of statements of claim and defense in which the existence of an
agreement is alleged by one party and not denied by another. The reference in a
contract to a document containing an arbitration clause constitutes an arbitration
agreement provided that the contracts is writing and the reference is such as to
make that clause part of the contract. (Article 4.7., IRR, RA 9285)
What are the rules when a substantive claim is before a court?
The following are the rules when a substantive claim is before the court:
A court before which an action is brought in a matter which is the subject
of an arbitration agreement shall, if at least one party so requests of both
parties thereafter, refer the parties to arbitration unless it finds that the
arbitration agreement is null and void, inoperative or incapable of being
performed.
Where an action referred to in the previous paragraph has been brought,
arbitral proceedings may nevertheless be commenced or continued, and
an award may be made, while the issue is pending before the court.
Where the action is commenced by or against multiple parties, one or
more of whom are parties to an arbitration agreement, the court shall refer
to arbitration those parties who are bound by the arbitration agreement
although the civil action may continue as to those who are not bound by
such arbitration agreement. (Article 4.8., IRR, RA 9285)
May a party request for an interim measure of protection before or during
the arbitral proceedings?
Yes. It is not incompatible with an arbitration agreement for a party to request
from a court, before the constitution of the arbitral tribunal or during arbitral
proceedings, an interim measure of protection and for a court to grant such
measure.
To the extent that the arbitral tribunal has no power to act or is unable to act
effectively, a request for interim measure of protection, or modification thereof as
provided for, and in the manner indicated in Article 4.17 (Power of Tribunal to
Order Interim Measures), may be made with the court.
The rules of interim or provisional relief provided for in paragraph ( c ) of Article
4.17 of these Rules shall be observed.
A party may bring a petition under this Article before the court in accordance with
the Rules of Court or the Special ADR Rules. (Article 4.9., IRR, RA 9285)
COMPOSITION OF ARBITRAL TRIBUNAL
How many Arbitrators may the parties agree upon?
The parties are free to determine the number of arbitrators Failing such
determination, the number of arbitrators shall be three (3). (Article 4.10., IRR, RA
9285)
Explain how Arbitrators are appointed.
The appointment of arbitrators is governed by the following procedures:
No person shall be produced by reason of his/her nationality from acting
as an arbitrator, unless otherwise agreed by the parties.
The parties are free to agree on a procedure of appointing the arbitrator or
arbitrators, subject to provisions of paragraphs (d) and (e) of this Article.
Failing such agreement:
in an arbitration with three (3 ) arbitrators, each party shall appoint one
arbitrator, and the two (2) arbitrators thus appointed shall appoint the third
arbitrator; if any party fails to appoint the arbitrator within thirty (30) days of
receipt of a request to do so from the other party, or if the two (2)
arbitrators fail to agree on the third arbitrator within thirty days (30) days of
their appointment shall be made, upon request of a party, by the
appointing authority;
in an arbitration with a sole arbitrator, if the parties are unable to agree on
the arbitrator, he/she shall be appointed, upon request of a party, by the
appointing authority.
Where, under an appointment procedure agreed upon the parties,
a party fails to act as required under such procedure, or
the parties, or two arbitrators, are unable to reach an agreement expected
of them under such procedure, or
a third party, including an institution, fails to perform any function entrusted
to it under such procedure,
Any party may request the appointing authority to take the necessary measure to
appoint an arbitrator, unless the agreement on the appointment procedure
provides other means for securing the appointment.
A decision on a matter entrusted by paragraphs (c) and (d) of this to the
appointing authority shall be immediate executory and not be subject to a motion
for reconsideration or appeal. The appointing authority shall have in appointing
an arbitrator, due regard to any qualifications required of the arbitrator by the
agreement of the parties and to such considerations as are likely to secure the
appointment of an independent and impartial arbitrator and, in the case of a sole
or third arbitrator, shall take into account as well the advisability of appointing an
arbitrator of a nationality other than the Rules of Court of the Special ADR Rules.
What are the grounds to challenge an Arbitrator? The grounds for challenge are
as follows:
When a person is approached in connection with his/her possible

appointment as an arbitrator, he/she impartiality or independence. An
arbitrator, from the time of his/her appointment and throughout the arbitral
proceedings shall, without delay, disclose any such circumstance to the
parties unless they have already been informed of them him/her.
An arbitrator may be challenged only if circumstances exist that give rise to
justifiable doubts as to his/her impartiality or independence, or if he/she does not
possess qualifications agreed to by the parties. A party may challenge an
arbitrator appointed by him/her, or in whose appointment he/she has participated,
only for reasons of which he/she becomes aware after the appointment has been
made. (Article 4.12., IRR, RA 9285)
What is the procedure in challenging an Arbitrator? The challenge
procedure is as follows:
The parties are free to agree on a procedure for challenging an arbitrator,
subject to the provisions of this Article.
Failing such agreement, a party who intends to challenge an arbitrator
shall, within fifteen (15) days after becoming aware of the constitution of
the arbitral tribunal or after becoming aware of any circumstances referred
to in paragraph (b) of Article 4.12 (Grounds for Challenge,) send a written
statement of the reasons for the challenge to the arbitral tribunal. Unless
the challenged arbitrator withdraws from his/her office or the other party
agrees to the challenged arbitrator withdraws from his/her office or the
party agrees to the challenge, the arbitral tribunal shall decide on the
challenge.
If a challenge under any procedure agreed upon by the parties or under
the procedure of paragraph (b) of this Article is not successful, the
challenging party may request the appointing authority, within thirty (30)
days after having received notice of the decision rejecting the challenge,
to decide on the challenge, which decision shall be immediately executory
and not subject to motion for reconsideration or appeal. While such a
request is pending, the arbitral tribunal, including the challenged arbitrator,
may continue the arbitral proceedings and make an award.
A party may bring a petition under this Article before the court in accordance with
the Rules of Court or the Special ADR Rules. (Article 4.13., IRR, RA 9285)
What is the consequence if there is failure or impossibility to act as an
Arbitrator?
If an arbitrator becomes de jure or de facto unable to perform his/her
functions or for other reasons fails to act without undue delay, his/her
mandate terminates if he/she withdraws from his/her office or if the parties
agree on the termination. Otherwise, if the controversy remains concerning
any of these grounds, any party may request the appointing authority to
decide on the termination of the mandate, which decision shall be
immediately executory and not subject for motion for reconsideration or
appeal.
If, under this Article or paragraph (b) of Article 4.13 (Challenge Procedure), an
arbitrator withdraws from his/her office or a party agrees for termination of the
mandate of an arbitrator, this does not imply acceptance of the validity of any
ground referred to in this Article or in paragraph (b) of Article 4.12 (Grounds
for Challenge). (Article 4.14., IRR, RA 9285)
What is the consequence if the mandate of an Arbitrator is terminated?
Where the mandate of an arbitrator terminates under Articles 4.13
(Challenge Procedure) and 4.14 (Failure or Impossibility to Act) or because of
his/her withdrawal from office for any other reason or because of the revocation
of his/her mandate, a substitute arbitrator shall be appointed according to the
rules that were applicable to the appointment of the arbitrator being replaced.
JURISDICTION OF ARBITRAL TRIBUNAL
Discuss the competence of Arbitral Tribunal to Rule on jurisdiction.
The arbitral tribunal may rule on its own jurisdiction, including any
objections with respect to the existence or validity of the arbitration
agreement or any condition precedent to the filing of the request for
arbitration. For that purpose, an arbitration clause, which forms part of a
contract shall be treated as an agreement independent of the other terms
of the contract. A decision by the arbitral tribunal that the contract is null
and void shall not entail ipso jure the invalidity of the arbitration clause.
A plea that the arbitral tribunal does not have jurisdiction shall be raised
not later than the submission of the statement of defense (I.e., in an
Answer or Motion to Dismiss). A party is not precluded from raising such
plea by the fact that he/she has appointed, or participated in the
appointment of, an arbitrator. A plea that the arbitral tribunal is exceeding
the scope of its authority shall be raised as soon as the matter alleged to
be beyond the scope of its authority is raised during the arbitral
proceedings. The arbitral tribunal may, in either case, admit a later plea if
it considers the delay justified.
The arbitral tribunal may rule on a plea referred to in paragraph (b) of this
Article either as a preliminary question or in an award on the merits. If the
arbitral tribunal rules as a preliminary question that it has jurisdiction, any
party may request, within thirty (30) days after having received notice of
that ruling, the Regional Trial Court to decide the matter, which decision
shall be immediately executory and not subject to motion for
reconsideration or appeal. While such a request is pending, the arbitral

tribunal may contribute the arbitral proceedings and make an award.
Does the Arbitral tribunal have the power to order interim measures?
Unless otherwise agreed by the parties, the arbitral tribunal may, at the
request of the party, order any party to take such interim measures of
protection as the arbitral tribunal may consider necessary in respect of the
subject to matter of the dispute following paragraph (c) of this Article. Such
interim measures may include, but shall not be limited to, preliminary
injunction directed against a party, appointment of receivers, or detention,
preservation, inspection of property that is the subject of the dispute in
arbitration.
After constitution of the arbitral tribunal, and during arbitral proceeding, a
request for interim measures of protection, or modification thereof shall be
made with the arbitral tribunal. The arbitral tribunal is deemed constituted
when the sole arbitrator or the third arbitrator, who has been nominated,
has accepted the nomination and written communication of said
nomination and acceptance has been received by the party making the
request.
The following rules on interim or provisional relief shall be observed:
Any party may request that the interim or provisional relief shall be
observed:
Such relief may be granted:
To prevent irreparable loss or injury;
To provide security for the performance of an obligation;
To produce or preserve evidence
To compel any other appropriate acts or omissions.
The order granting provisional relief may be conditioned upon the
provision of security or any act or omission specified in order.
Interim or provisional relief is requested by written application transmitted
by reasonable means to the arbitral tribunal and the party against whom
relief is sought, describing in appropriate details of the precise relief, the
party against whom the relief is requested, the ground for the relief, and
the evidence, supporting the request.
The order granting or denying an application for the interim relief shall be
binding upon the parties.
Either party may apply with the court for assistance in implementing or
enforcing an interim measure ordered by an arbitral tribunal.
A party who does not comply with the order shall be liable for all damages,
resulting from noncompliance, including all expenses, and reasonable
attorney's fees, paid in obtaining the order's judicial enforcement. (Article
4.17., IRR, RA 9285)
CONDUCT OF ARBITRAL PROCEEDINGS

Conduct of Arbitral proceedings.
On Treatment of Parties- The parties shall be treated with equality and
each shall be given a full opportunity of presenting his/her case. (Article
4.18., IRR, RA 9285)
On Determination of the Rules of Procedures
Subject to the provisions of this Chapter, the parties are free to agree on
the procedure to be followed by the arbitral tribunal in conducting the
proceedings.
Falling such agreement, the arbitral tribunal may, subject to this Chapter,
conduct the arbitration in such manner as it considers appropriate. Unless
the arbitral tribunal considers it inappropriate, the UNCITRAL Arbitration
Rules adopted by the UNCITRAL on 28 April 1976 and the UN General
Assembly on 15 December 1976 shall apply subject to the following
clarification: All references to the "Secretary-General of the Permanent
Court of Arbitration at The Hague" shall be deemed to refer to the
appointing authority.
The power conferred upon the arbitral tribunal includes the power to
determine the admissibility, relevance, materiality and weight of any
evidence. (Article 4.19., IRR, RA 9285)
On Venue of Arbitration
The parties are free to agree on the place of arbitration. Failing such
agreement, the place of arbitration shall be in Metro Manila unless the
arbitral tribunal, having regard to the circumstances of the case, including
the convenience of the parties, shall decide on a different place of
arbitration.
Notwithstanding the rule stated in paragraph (a) of this provision, the
arbitral tribunal may, unless otherwise agreed by the parties, meet at any
place it considers appropriate for consultation among its members, for
hearing witnesses, experts or the parties, or for inspection of goods, other
property or documents. (Article 4.20., IRR, RA 9285)
On the Commencement of Arbitral Proceedings- Unless otherwise agreed
by the parties, the arbitral proceedings in respect of a particular dispute
commence on the date on which a request for that dispute to be referred
to arbitration is received by the respondent. (Article 4.21., IRR, RA 9285)
On the Language to be Used
The parties are free to agree on the language or languages to be used in
the arbitral proceedings. Failing such agreement, the language to be used
shall be English. This agreement, unless otherwise specified therein, shall
apply to any written statement by a party, any hearing and any award,
decision or other communication by the arbitral tribunal.
The arbitral tribunal may order that any documentary evidence shall be
accompanied by a translation into the language or languages agreed upon
by the parties or determined by the arbitral tribunal in accordance with
paragraph (a) of this Article. (Article 4.222., IRR, RA 9285)
On the Statements of Claim and Defense
Within the period of time agreed by the parties or determined by the
arbitral tribunal, the claimant shall state the facts supporting his/her/its
claim, the points at issue and the relief or remedy sought, and the
respondent shall state his/her/its defense in respect of these particulars,
unless the parties have otherwise agreed as to the required elements of
such statements. The parties may submit with their statements; all
documents they consider to be relevant or may add a reference to the
documents or other evidence they will submit.
Unless otherwise agreed by the parties, either party may amend or
supplement his/her claim or defense during the course of the arbitral
proceedings, unless the arbitral tribunal considers it inappropriate to allow
such amendment having regard to the delay in making it. (Article 4.23.,
IRR, RA 9285)
On Hearing and Written Proceedings
Subject to any contrary agreement by the parties, the arbitral tribunal shall
decide whether to hold oral hearings for the presentation of evidence or
for oral argument, or whether the proceedings shall be conducted on the
basis of documents and other materials. However, unless the parties have
agreed that no hearings at an appropriate stage of the proceedings, if so
requested by a party.
The parties shall be given sufficient advance notice of any hearing and of
any meeting of the arbitral tribunal for the purposes of inspection goods,
other property or documents.
All statements, documents or other information supplied to the arbitral by
one party shall be communicated to the other party. Also, an expert report
or evidentiary document on which the arbitral tribunal may rely in making
its decision shall be communicated to the parties. (Article 4.24., IRR, RA
9285)
On Default of a party
Unless otherwise agreed by the parties, if, without, showing sufficient cause,
the claimant fails to communicate his statement of claim in accordance
with paragraph (a) Article 4.23 (Statement of Claim and Defense), the
arbitral tribunal shall terminate the proceedings;
the respondent fails to communicate his/her/its statement of defense in
accordance with paragraph (a) Article 4.23 (Statement of Claim and
Defense), the arbitral tribunal shall continue the proceedings without
treating such failure in itself as an admission of the claimant’s allegations.
any party’s fails to appear at a hearing or to produce documentary

evidence, the arbitral tribunal may continue the proceedings and make the
award on the evidence before it. (Article 4.25., IRR, RA 9285)
On Expert appointed by the Arbitral Tribunal
Unless otherwise agreed by the parties, the arbitral tribunal,
may appoint one or more experts to report to it on specific issues to be
determined by the arbitral tribunal; or
may require a party to give the expert any relevant information or to
produce, or to provide access to, any relevant documents, goods or other
property for his/her inspection.
Unless otherwise agreed by the parties, if a party so requests or if the arbitral
tribunal considers it necessary, the expert shall, after delivery of his/her written or
oral report, participate in a hearing where the parties have the opportunity to put
questions to him and to present expert witnesses in order to testify on the points
at issue. (Article 4.26., IRR, RA 9285)
On Court Assistance in Taking Evidence
The arbitral tribunal or a party with the approval of the arbitral tribunal may
request from a court of the Philippines assistance in taking evidence. The
court may execute the request within its competence and according to its
rules on taking evidence.
The arbitral tribunal shall have the power to require any person to attend a
hearing as a witness. The arbitral tribunal shall have the power to
subpoena witnesses and documents when the relevancy of the testimony
and the materiality thereof has been demonstrated to it. The arbitral
tribunal may also require the retirement of any witness during the
testimony of any other witness.
A party may bring a petition under this Section before the court in
accordance with the Rules of Court or the Special ADR Rules.Article
4.27., IRR, RA 9285)
On Rules Applicable to the Substance of Dispute
The arbitral tribunal shall decide the dispute in accordance with such rules
of law as are chosen by the parties as applicable to the substance of the
dispute. Any designation of the law or legal system of a given state shall
be construed, unless otherwise expressed, as directly referring to the
substantive law of that state and not its conflict of laws rules.
Failing any designation by the parties, the arbitral tribunal shall apply the
law determined by the conflict of laws rules, which it considers applicable.
The arbitral tribunal shall decide ex aequo et bono or as amiable
compositeur only if the parties have expressly authorized it to do so.
IIn all cases, the arbitral tribunal shall decide in accordance with the terms
of the contract and shall take into account the usages of the trade
applicable to the transaction. (Article 4.28., IRR, RA 9285)
Decision-making by Panel of Arbitrators- In arbitral proceedings with more
than one arbitrator, any decision of the arbitral tribunal shall be made,
unless otherwise agreed by other parties, by a majority of all its members.
However, questions of procedure may be decided by a presiding arbitrator
if so authorized by the parties or all members of the arbitral tribunal.
(Article 4.29., IRR, RA 9285
Settlement
If, during arbitral proceedings, the parties settle the dispute, the arbitral
tribunal shall terminate the proceedings and, if requested by the parties
and not objected to by the arbitral tribunal, record the settlement in the
form of an arbitral award on agreed terms.
An award on agreed terms shall be made in accordance with the
provisions of Article 4.31 (Form and Contents of Award), and shall state
that it is an award. Such an award has the same status and effect as any
other award on the merits of the case. (Article 4.30., IRR, RA 9285)
On Forum and Contents of Award
The award shall be made in writing and shall be signed by the arbitrator or
arbitrators. In arbitral proceedings with more than one arbitrator, the
signatures of the majority of all members of the arbitral tribunal shall
suffice, provided that the reason for any omitted signature is stated.
The award shall state the reasons upon which it is based, unless the
parties have agreed that no reasons are to be given or the award is an
award on agreed terms under paragraph (a) of Article 4.20 (Place of
Arbitration).
The award shall state its date and the place of arbitration as determined in
accordance with paragraph (a) of this Article. The award shall be deemed
to have been made at that place.
After the award is made, a copy signed by the arbitrators in accordance
with paragraph (a) of this Article shall be delivered. to each party. (Article
4.31., IRR, RA 9285)
On termination of Proceedings
The arbitral proceedings are terminated by the final award or by an order
of the arbitral tribunal in accordance with paragraph (b) of this Article.
The arbitral tribunal shall issue an order for the termination of the arbitral
proceedings when:
The claimant withdraws his/her/its claim, unless the respondent objects
thereto and the arbitral tribunal recognized a legitimate interest on
his/her/its part in obtaining a final settlement of the dispute;
The parties agree the termination of the proceedings;
The arbitral tribunal finds that the continuation of the proceedings has for
any other reason become unnecessary or impossible.
The mandate of the arbitral tribunal ends with termination of the arbitral
proceedings subject to the provisions of Articles 4.33 (Correction and
Interpretation of Award, Additional Award) and paragraph (d) of Articles
4.34 (Application for Setting Aside an Exclusive Recourse against Arbitral
Award).
Notwithstanding the foregoing, the arbitral tribunal may, for special
reasons, reserve in the final award or order, a hearing to quantity costs
and determine which party shall bear the costs or the division thereof as
may be determined to be equitable. Pending determination of this issue,
the award shall not be deemed final for purposes of appea,vacation,
correction, or any post-award proceedings. (Article 4.32., IRR, RA 9285)
On Correction and Interpretation of Award, Additional Award
Within thirty (30) days from receipt of the award, unless another period
of time has been agreed upon by the parties:
A party may, with notice to the other party, request the arbitral
tribunal to correct in the award any errors in computation, any
clerical or typographical errors or any errors of similar nature;
A party may, it so agreed by the parties and with notice to the other
party, request the arbitral tribunal to give an interpretation of a
specific point or part of the award.
If the arbitral tribunal considers the request to be justified, It shall make
the correction or give the interpretation within thirty (30) days from
receipt of the request. The interpretation shall form part of the award.
The arbitral tribunal may correct any error of the type referred to in
paragraph (a) of this Article on its own initiative within thirty (30) day
from the date of the award.
Unless otherwise agreed by the parties, a party may, with notice to the
other party, request, within thirty (30) days receipt of the award, the
arbitral tribunal to make an additional award as to claims presented in
the arbitral proceedings but omitted from the award. If the arbitral
tribunal considers the request to be justified, it shall make the
additional award within sixty (60) days
The arbitral tribunal may extend, if necessary, the period of time within
which it shall make a correction interpretation or an additional award
under paragraphs (a) and (b) of this Article.
The provisions of Article 4.31 (Form and Contents of Award) shall
apply to a correction or interpretation of the award or to an additional
award. (Article 4.33., IRR, RA 9285)
On Application for Setting Aside an Exclusive course against Arbitral
Award
Recourse to a court against an arbitral award may be made only by

application for setting aside in accordance with second and third
paragraphs of this Article.
An arbitral award may be set aside by the Regional Trial Court Only If:
the party making the application furnishes proof that:
a party to the arbitration agreement was under some incapacity; or the
said agreement is not valid under the law to which the parties have
subjected it or, failing any indication thereon, under the law of the
Philippines; or
the party making the application was not given proper notice of the
appointment of an arbitrator or of the arbitral proceedings or was
otherwise unable to present his case; or
the award deals with a dispute not contemplated by or not failing within the
terms of the submission to arbitration, or contains, decisions on matters
beyond the scope of the submission to arbitration, provided that, if the
decisions on matters submitted to arbitration can be separated from those
not so submitted, only the part of the award which contains decisions on
matters not submitted to arbitration may be set aside; or
the composition of the arbitral tribunal or the arbitral procedure was not in
accordance with the agreement of the parties, unless such agreement was
in conflict with a provision of ADR Act from which the parties cannot
derogate, or, falling such agreement, was not in accordance with ADR Act;
or
the Court finds that:
the subject-matter of the dispute is not capable of settlement by arbitration
under the law of the Philippines; or
the award is in conflict with the public policy of the Philippines.
An application for setting aside may not be made after three months have
elapsed from the date on which the party making that application had
received the award or, If a request had been made under Article 4.33
(Correction and Interpretation of Award,
Additional Award) from the date on which that request has been
disposed of by the Arbitral tribunal
The court, when asked to set aside an award, may, where appropriate and
so requested by a party, suspend the setting aside proceedings for a
period of time determined by it in order to give the arbitral tribunal an
opportunity resume the arbitral proceedings or take such other action as in
the arbitral tribunal's opinion will eliminate the grounds for setting aside.
A party may bring a petition under this Article before the court in
accordance with the Special ADR Rules. (Article 4.34., IRR, RA 9285)
RECOGNITION AND ENFORCEMENT OF AWARDS
What are the rules on recognition and enforcement?
The Rules on recognition and enforcement are as follows:

A foreign arbitral award shall be recognized as binding and, upon petition
in writing to the regional trial Court, shall be enforced subject to the
provisions of this Article and of Article 4.36 (Grounds for Refusing
Recognition or Enforcement).
The petition for recognition and enforcement of such arbitral awards shall
be filled with the Regional trial Court In accordance with Special ADR
Rules.
Convention Award - The New York Convention shall govern the
recognition and enforcement of arbitral awards covered by said
Convention. The petitioner shall establish that the country in which the
foreign arbitration award was made is a party to the New York Convention.
Non-Convention Award – The recognition and enforcement of foreign
arbitral awards not covered by the New York Convention shall be done in
accordance with procedural rules to be promulgated by the Supreme
Court. The court may, on grounds of comity and reciprocity, recognize and
enforce a non-convention award as a convention award.
The party relying on an award or applying for its enforcement shall file with
the Regional Trial Court the original or duly authenticated copy of the
award and the original arbitration agreement or a duly authenticated copy
thereof. If the award or agreement is not made in an official language of
the Philippines, the party shall supply a duly certified translation thereof
into such language.
A foreign arbitral award when confirmed by a court of a foreign country,
shall be recognized and enforced as a foreign arbitral award and not as a
judgment of a foreign court.
A foreign arbitral award when confirmed by the Regional Trial Court, shall
be enforced in the same manner as final and executory decisions of courts
of law of the Philippines.
If the Regional Trial Court has recognized the arbitral award but an
application for rejection and/or) suspension of enforcement of that award
is subsequently made, the Regional Trial Court may, if it considers the
application to be proper, vacate or suspend the decision to enforce that
award and may also, on the application of the party claiming recognition or
enforcement of that award, order the other party seeking rejection or
suspension to provide appropriate security. (Article 4.35., IRR, RA 9285)
What are the grounds for refusing recognition or enforcement of
convention award and non-convention awards? The grounds for refusing
recognition or enforcement are as follows:
WITH RESPECT TO CONVENTION AWARD
Recognition or enforcement of an arbitral award, made in a state, which is a party

to the New York Convention, may be refused, at the request of the party against
whom it is provoked, only if the party furnishes to the Regional Trial Court proof
that:
The parties to the arbitration agreement are, under the law applicable to
them, under some incapacity; or the said agreement is not valid under the
law to which the parties have subjected it or; failing any indication thereon,
under the law of the country where the award was made; or
the party against whom the award is invoked was not given proper notice
of the appointment of an arbitrator or of the arbitral proceedings or was
otherwise in able to present his case; or
the award deals with dispute not contemplated by or not failing within the
terms of the submission to arbitration, or it contains decisions on matters
beyond the scope of the submission to arbitration; provided that, if the
decisions on matters submitted to arbitration can be separated from those
not so submitted, that part of the award which contains decisions on
matters submitted to arbitration may be recognized and enforced; or
the composition of the arbitral tribunal or the arbitral procedure was not in
accordance with the agreement of the parties or, failing such agreement,
was not in accordance with the law of the country where the arbitration too
place; or
the award has not become binding on the parties or has been set aside or
suspended by a court of the country in which, or under the law of which,
that award was made.
Recognition and enforcement of an arbitral award may also be refused if the
Regional Trial Court where recognition and enforcement is sought finds that:
the subject-matter of the dispute is not capable of settlement by arbitration
under the law of Philippines; or
the recognition or enforcement of the award would be contrary to the
public policy of the Philippines.A party to a foreign arbitration proceeding
may oppose an application for recognition and enforcement of the arbitral
award in accordance with the Special ADR Rules only on the grounds
enumerated under paragraph (a) and (c) of Article 4.35 (Recognition and
Enforcement). Any other ground raised shall be disregarded by the
Regional Trial Court.
WITH RESPECT TO NON-CONVENTION AWARD

A foreign arbitral award rendered in a state which is not a party to the New
York Convention will be recognized upon proof of the existence of comity
and reciprocity and may be treated as a convention award. If not so
treated and if no comity or reciprocity exists, the non-convention award
cannot be recognized and/or enforced but may be deemed as

presumptive evidence of a right as between the parties in accordance with
Section 48 of the Rules of Court.
If the Regional Trial Court has recognized the arbitral award but a petition
for suspension of enforcement of that award is subsequently made, the
Regional Trial Court may, if it considers the petition to be proper, suspend
the proceedings to enforce the award, and may also, on the application of
the party claiming recognition or enforcement of that award, order the
other party seeking suspension to provide appropriate security.
If the petition for recognition or enforcement of the arbitral award is filed by
a party and a counter-petition for the rejection of the arbitral award is filed
by the other party, the Regional Trial Court may, if it considers the
counter-petition to be proper but the objections thereto may be rectified or
cured, remit the award to the arbitral tribunal for appropriate action and in
the meantime suspend the recognition and enforcement proceedings and
may also on the application of the petitioner order the counter-petitioner to
provide appropriate security. (Article 4.36., IRR, RA 9285)
What is the remedy of the losing party from an Arbitral award rendered by
the Regional Trial Court?
A decision of the Regional Trial Court recognizing, enforcing, vacating or setting
aside an arbitral award may be appealed to the Court of Appeals in accordance
with the rules of procedure to be promulgated by the Supreme Court. (Article
4.37., IRR, RA 9285)
Is the appellant required to post bond?
Yes. The losing party who appeals from the judgment of the court recognizing
and enforcing an arbitral award shall be required by the Court of Appeals to post
a counter-bond executed if favor of the prevailing party equal to the amount of
the award in accordance with the Special ADR Rules. (Article 4.37., IRR, RA
9285)
Is a stipulation that the arbitral tribunal’s award or decision shall be final
and valid?
Yes. Any stipulation by the parties that the arbitral tribunal’s award or decision
shall be final, and therefore not appealable, is valid. (Article 4.37., IRR, RA 9285)
What is the consequence if there is a stipulation that the arbitral tribunal’s
award or decision shall be final? Such stipulation carries with it a waiver of
the right to appeal from an arbitral award. Article 4.18., IRR, RA 9285)
Is the remedy of certiorari under the Rule 65 of the Rules of Court available
if appeal is deemed waived by virtue of the aforesaid stipulation?
Yes. The implementing rules expressly provide that it is without prejudice to

judicial review by way of certiorari under Rule 65 of the Rules of Court. (Article
4.18., IRR, RA 9285).
What is the nature of the proceedings involved in the following?
Recognition and enforcement of an arbitration agreement or
Vacation or setting aside of an arbitral award, and
Any application with a court for arbitration assistance and supervision,
except appeal.
Under Article 4.38 of the IRR of RA 9825,, proceedings for recognition and
enforcement of an arbitration agreement or for vacation or setting aside an
arbitral award, and any application with a court for arbitration assistance and
supervision, except appeal shall be deemed as special proceedings.
Which Court has jurisdiction to try these cases cite the venue thereof. The
cases may be filed with the Regional Trial Court where:
the arbitration proceedings are conducted;
where the asset to be attached or levied upon, or the act to be enjoined is
located;
where any of the parties to the dispute resides or has its place of
business; or
in the National Capital Judicial Region at the option of the applicant.
Is notice of proceedings to parties mandatory?
Yes. In a special proceeding for recognition and enforcement of an arbitral
award, the court shall send notice to the parties at their address of record in the
arbitration, or if any party cannot be served notice at such address, at such
party’s last known address. The notice shall be sent at least fifteen
(15) days before the date set for the initial hearing of the application. (Article
4.39., IRR, RA 9285)
Is a party entitled to legal representation in international commercial
arbitration conducted in the Philippines?
Yes. In international commercial arbitration conducted in the Philippines, a party
may be represented by any person of his/her choice: Provided, that such
representative, unless admitted to the practice of law in the Philippines, shall not
be authorized to appear as counsel in any Philippine court or any other quasi-
judicial body whether or not such appearance is in relation to the arbitration in
which he/she appears. (Article 4.40., IRR, RA 9285)
May the Arbitration proceedings be disclosed to the public?
No. The arbitration proceedings, including the records, evidence and the arbitral
award, shall be considered confidential and shall not be poolside except:
with the consent of the parties; or
for the limited purpose of disclosing to the court relevant documents in
cases where resort to the court is allowed herein.
Provided, however, that the court in which the action or the appeal is pending
may issue a protective order to prevent or prohibit disclosure of documents or
information containing secret processes, developments, research and other
information where it is shown that the applicant shall be materially prejudiced by
an authorized disclosure thereof. (Article 4.41., IRR, RA 9285)
Is a petition for recognition and enforcement of awards summary in
nature?
Yes. A petition for recognition and enforcement of awards brought before the
court shall be heard and dealt with summarily in accordance with the Special
ADR Rules. (Article 4.42., IRR, RA 9285)
What is the consequence when a party dies making submission or a
contract to arbitrate?
When a party dies after making a submission or a contract to arbitrate as
prescribed in these Rules, the proceedings may be begun or continued upon the
application of, or notice to, his/her executor or administrator, or temporary
administrator of his/her estate. In any such case, the court may issue an order
extending the time within which notice of a motion to recognize or vacate an
award must be served. Upon recognizing an award, where a party has died since
it was filed or delivered, the court must enter judgement in the name of the
original party; and the proceedings thereupon are the same as where a party
dies after a verdict. (Article 4.43., IRR, RA 9285)
What rules shall govern a multi-party arbitration?
When a single arbitration involves more than two parties, the foregoing rules, to
the extent possible, shall be used, subject to such modifications consistent with
this Chapter as the arbitral tribunal shall deem appropriate to address possible
complexities of a multi-party arbitration. (Article 4.44., IRR, RA 9285)
May the parties agree to consolidate proceedings and concurrent
hearings? Yes. The parties and the arbitral tribunal may agree –
that the arbitration proceedings shall be consolidated with other arbitration
proceedings; or
that concurrent hearings shall be held, on such terms as may be agreed.
Unless the parties agree to confer such power on the arbitral tribunal, the tribunal
has no power to order consolidation of arbitration proceedings or concurrent
hearings. (Article 4.45., IRR, RA 9285)
Discuss the costs of Arbitration in arbitral Tribunal’s Award. Article 4.46
provides;
The arbitral tribunal shall fix the costs of arbitration in its award. The term
"costs" include only:
The fees of the arbitral tribunal to be stated separately as to each
arbitrator and to be fixed by the tribunal itself in accordance with the
paragraph (b) of this Article;
The travel and other expenses incurred by the arbitrators;
The costs of expert advice and of other assistance required by the arbitral
tribunal;
The travel and other expenses of witnesses to the extent such expenses
are approved by the arbitral tribunal;
The costs for legal representation and assistance of the successful party if
such costs were claimed during the arbitral proceedings, and only to the
extent that the arbitral tribunal determines that the amount of such costs is
reasonable;
Any fees and expenses of the appointing authority.
The fees of the arbitral tribunal shall be reasonable in amount, taking into
account the amount in dispute, the complexity of the subject matter, the
time spent by the arbitrators and any other relevant circumstances of the
case.
If an appointing authority has been agreed upon by the parties and if such
authority has issued a schedule of fees for arbitrators in international cases
which it administers, the arbitral tribunal in fixing its fees shall take that schedule
of fees into account to the extent that it considers appropriate in the
circumstances of the case.
If such appointing authority has not issued a schedule of fees for arbitrators in
international cases, any party may, at any time request the appointing authority
to furnish a statement setting forth the basis for establishing fees which is
customarily followed in international cases in which the authority appoints
arbitrators. If the appointing authority consents to provide such a statement, the
arbitral tribunal, in fixing its fees, shall take such information into account to the
extent that it considers appropriate in the circumstances of the case.
In cases referred to in the second and third sub-paragraphs of paragraph
(b) of this Article, when a party so requests and the appointing authority
consents to perform the function, the arbitral tribunal shall fix its fees only
after consultation with the appointing authority which may make any
comment it deems appropriate to the arbitral tribunal concerning the fees.
Except as provided in the next sub-paragraph of this paragraph, the costs
of arbitration shall, in principle, be borne by the unsuccessful party.
However, the arbitral tribunal may apportion each of such costs between
the parties if it determines that apportionment is reasonable, taking into
account the circumstances of the case.
With respect to the costs of legal representation and assistance referred to in
paragraph (c) of paragraph (a) (iii) of this Article, the arbitral tribunal, taking into
account the circumstances of the case, shall be free to determine which party
shall bear such costs or may apportion such costs between the parties if it
determines that appointment is reasonable.
When the arbitral tribunal issues an order for the termination of the arbitral
proceedings or makes an award on agreed terms, it shall fix the costs of
arbitration referred to in paragraphs (b), (c) and (d) of this Article in the context of
that order or award.
The arbitral tribunal, on its establishment, may request each party to
deposit an equal amount as an advance for the costs referred to in
paragraphs (i), (ii) and (iii) of paragraph (a) of this Article.
During the course of the arbitral proceedings, the arbitral tribunal may request
supplementary deposits from the parties.
If an appointing authority has been agreed upon by the parties and when a party
so requests and the appointing authority consents to perform the function, the
arbitral tribunal shall fix the amounts of any deposits or supplementary deposits
only after consultation with the appointing authority which may make any
comments to the arbitral tribunal which it deems appropriate concerning the
amount of such deposits and supplementary deposits.
If the required deposits are not paid in full within thirty (30) days after receipt of
the request, the arbitral tribunal shall so inform the parties in order that the
required payment may be made. If such payment is not made, the arbitral
tribunal may order the suspension or termination of the arbitral proceedings.
After the award has been made, the arbitral tribunal shall render an accounting to
the parties of the deposits received and return any unexpended balance to the
MODULE 5- DOMESTIC ARBITRATION

What are the terms applicable to this chapter/segment?
Ad hoc Arbitration means arbitration administered by an arbitrator and/or
the parties themselves. An arbitration administered by an institution shall
be regarded as ad hoc arbitration if such institution is not a permanent or
regular arbitration institution in the Philippines.
Appointing Authority in Ad Hoc Arbitration means, in the absence of an
agreement, the National President of the IBP or his/her duly authorized
representative.
Appointing Authority Guidelines means the set of rules approved or
adopted by an appointing authority for the making of a Request for
Appointment, Challenge, termination of the Mandate of Arbitrator/s and for
taking action thereon.
Arbitration means a voluntary dispute resolution process in which one or
more arbitrators, Appointed in accordance with the agreement of the
parties or these Rules, resolve a dispute by rendering an award.
Arbitral Tribunal means a sole arbitrator or a panel, board or committee of
arbitrators.
Claimant means a person/s with a claim against another and who
commence/s arbitration against the latter.
Court means, unless otherwise specified in these Rules, a Regional Trial

Court.
Day means calendar day.
Domestic Arbitration means arbitration that is not international as defined
n Article 1(3) of the Mode Law.
Institutional Arbitration means arbitration administered by an entity, which
is registered as a domestic corporation with the Securities and Exchange
Commission (SEC) and engaged in. among others, arbitration of disputes
in the Philippines on a regular and permanent basis.
Request for Appointment means the letter-request to the appointing
authority of either or both parties for the appointment of arbitrator/s or of
the two arbitrators first appointed by the parties for the appointment of the
third member of an arbitral tribunal.
Representative is a person duly authorized in writing by a party to a
dispute, who could be a counsel, a person in his/her employ or any other
person of his/her choice, duly authorized to represent said party in the
arbitration proceedings.
Respondent means the person/s against whom the claimant commence/s
arbitration.
Written communication means the pleading, motion, manifestation, notice,
order, award and any other document or paper submitted or filed with the
arbitral tribunal or delivered to a party.
What is the Scope of application of Domestic Arbitration in this
segment/chapter?
The scope of application of Domestic Arbitration in Chapter 5, IRR or RA 9285
includes:
Domestic arbitration, which is not international as defined in paragraph C8
of Article 1.6 shall continue to be governed by Republic Act No. 876,
otherwise known as "The Arbitration Law", as amended by the ADR Act.
Articles 8, 10, 11, 12, 13, 14, 18 and 19 and 29 to 32 of the Model Law
and Sections 22 to 31 of the ADR Act are specifically applicable to
domestic arbitration.
In the absence of a specific applicable provision, all other rules applicable
to international commercial arbitration may be applied in a suppletory
manner to domestic arbitration.
This Chapter shall apply to domestic arbitration whether the dispute is
commercial, as defined in Section 21 of the ADR Act, or non- commercial,
by an arbitrator who is a private individual appointed by the parties to hear
and resolve their dispute by rendering an award; Provided that, although a
construction dispute may be commercial, it shall continue to be governed
by E.O. No. 1008, s.1985 and the rules promulgated by the Construction
Industry Arbitration Commission.
Two or more persons or parties may submit to arbitration by one or more
arbitrators any controversy existing between them at the time of the
submission and which may be the subject of an action; or the parties to
any contract may in such contract agree to settle by arbitration a
controversy thereafter arising between them. Such submission or contract
shall be valid, enforceable and irrevocable, save upon such grounds as
exist at law for the revocation of any contract.
Such submission or contract may include questions arising out of valuations,
appraisals or other controversies which may be collateral, incidental, precedent
or subsequent to any dispute between the parties.
A controversy cannot be arbitrated where one of the parties to the controversy is
an infant, or a person judicially declared to be incompetent, unless the
appropriate court having jurisdiction approved a petition for permission to submit
such controversy to arbitration made by the general guardian or guardian ad
litem of the infant or of the incompetent.
But where a person capable of entering into a submission or contract has
knowingly entered into the same with a person incapable of so doing, the
objection on the ground of incapacity can be taken only in behalf of the person so
incapacitated. (Article 5.1., IRR, RA 9285)
How should the delivery of written communication be made?
The delivery of written communication can be made through the following:
Except as otherwise agreed by the parties, a written communication from
one party to the other or to the arbitrator or to an arbitration institution or
from the arbitrator or arbitration institution to the parties shall be delivered
to the addressee personally, by registered mail or by courier service. Such
communication shall be deemed to have been received on the date it is
delivered at the addressee’s address of record, place of business,
residence or last known address. The communication, as appropriate,
shall be delivered to each party to the arbitration and to each arbitrator,
and, in institutional arbitration, one copy to the administering institution.
During the arbitration proceedings, the arbitrator may order a mode of
delivery and a rule for receipt of written communications different from that
provided in paragraph (a) of this Article.
If a party is represented by counsel or a representative, written
communications for that party shall be delivered to the address of record
of such counsel or representative.
Except as the parties may agree or the arbitrator may direct otherwise, a
written communication may be delivered by electronic mail or facsimile
transmission or by such other means that will provide a record of the

sending and receipt thereof at the recipient’s mailbox (electronic inbox).
Such communication shall be deemed to have been received on the same
date of its transmittal and receipt in the mailbox (electronic inbox). (Article
5.2., IRR, RA 9285)
When is a party deemed to have waived his right to object?
The following constitutes a waiver of right to object:
A party shall be deemed to have waived his right to object to non-
compliance with any non-mandatory provision of these Rules (from which
the parties may derogate) or any requirement under the arbitration
agreement when:
he/she/it knows of such non-compliance; and
proceeds with the arbitration without stating his/her/its objections to such
non-compliance without undue delay or if a time-limit is provided therefor,
within such period of time.
If an act is required or allowed to be done under this Chapter, unless the
applicable rule or the agreement of the parties provides a different period
for the act to be done, it shall be done within a period of thirty (30) days
from the date when such act could have been done with legal effect.
Does a Court have the right to intervene?
In matters governed by this Chapter, no court shall intervene except in
accordance with the Special ADR Rules. (Article 5.4., IRR, RA 9285)
What other functions may be performed by the appointing authority?
Article 5.5 (Court or Other Authority for Certain Functions of Arbitration
Assistance and Supervision) of the IRR of RA 9285 provides:
“The functions referred to in paragraphs (c) and (d) of Article 5.10 (Appointment
of Arbitrators), paragraph (a) of Article 5.11 (Grounds for Challenge), and
paragraph (a) of Article 5.13 (Failure or Impossibility to Act), shall be performed
by the appointing authority, unless the latter shall fail or refuse to act within thirty
(30) days from receipt of the request in which case, the applicant may renew the
application with the court.” (Article 5.5., IRR, RA 9285)
ARBITRATION AGREEMENT
What is the form of an arbitration agreement?
An arbitration agreement shall be in writing. An agreement is in writing if it
is contained in a document signed by the parties or in an exchange of letters,
telex, telegrams or other means of telecommunication which provide a record of
the agreement, or in an exchange of statements of claim and defense in which

the existence of an agreement is alleged by one party and not denied by the
other. The reference in a contract to a document containing an arbitration clause
constitutes an arbitration agreement provided that the contract is in writing and
the reference is such as to make that clause part of the contract. (Article 5.6,
IRR, RA 9285)
May a party request the court to stay the action and refer the dispute to
arbitration?
A party to an action may request the court before which it is pending to stay the
action and to refer the dispute to arbitration in accordance with their arbitration
agreement not later than the pre-trial conference. Thereafter, both parties may
make a similar request with the court. The parties shall be referred to arbitration
unless the court finds that the arbitration agreement is null and void, inoperative
or incapable of being performed. (Article 5.7, par. a, IRR, RA 9285)
Where an action referred to in paragraph (a) of this Article has been brought,
arbitral proceedings may nevertheless be commenced or continued, and an
award may be made, while the issue is pending before the court. (Article 5.7, par.
b, IRR, RA 9285)
What must the court do when the action is commenced by or against
multiple parties, one or more of whom are parties to an arbitration
agreement?
Where the action is commenced by or against multiple parties, one or more of
whom are parties to an arbitration agreement, the court shall refer to arbitration
those parties who are bound by the arbitration agreement although the civil
action may continue as to those who are not bound by such arbitration
agreement. (Article 5.7, par. c, IRR, RA 9285)
May a party request for an Interim measure of protection?
Yes. It is not incompatible with an arbitration agreement for a party to request
from a court, before the constitution of the arbitral tribunal or during arbitral
proceedings, an interim measure of protection and for a court to grant such
measure.
After the constitution of the arbitral tribunal and during arbitral proceedings, a
request for an interim measure of protection, or modification thereof, may be
made with the arbitral tribunal or to the extent that the arbitral tribunal has no
power to act or is unable to act effectively, the request may be made with the
court. (Article 5.8, pars. a and b respectively, IRR, RA 9285)
What are the rules on interim or provisional relief that must be observed?
Any party may request that interim or provisional relief be granted against
the adverse party.
To produce or preserve evidence; or
To compel any other appropriate act or omissions.
provision of security or any act or omission specified in the order.
relief is sought, describing in appropriate detail of the precise relief, the
party against whom the relief is requested, the ground for the relief, and
the evidence supporting the request.
The order either grating or denying an application for interim relief shall be
binding upon the parties.
attorney’s fees, paid in obtaining the order’s judicial enforcement. (Article
5.8., IRR, RA 9285)
What are the matters deemed included in the interim measures of
protection?
Unless otherwise agreed by the parties, the arbitral tribunal may, at the request
of a party, order any party to take such interim measures of protection as the
arbitral tribunal may consider necessary in respect of the subject matter of the
dispute following the Rules in this Article. Such interim measures may include but
shall not be limited to preliminary injunction directed against a party, appointment
of receivers or detention, preservation, inspection of property that is the subject
of the dispute in arbitration. Either party may apply with the court for assistance
in implementing or enforcing an interim measure ordered by an arbitral tribunal.
(Article 5.8, par. d, IRR, RA 9285)
COMPOSITION OF ARBITRAL TRIBUNAL
How many Arbitrators must constitute an Arbitral Tribunal?
The parties are free to determine the number of arbitrators. Failing such
determination, the number of arbitrators shall be three (3). (Article 5.9., IRR, RA
9285)
Who may be appointed as arbitrators?
Any person appointed to serve as an arbitrator must be of legal age, in full

enjoyment of his/her civil rights and knows how to read and write. No person
appointed to serve as an arbitrator shall be related by blood or marriage within
the sixth degree to either party to the controversy. No person shall serve as an
arbitrator in any proceeding if he/she has or has had financial, fiduciary or other
interest in the controversy or cause to be decided or in the result of the
proceeding, or has any personal bias, which might prejudice the right of any party
to a fair and impartial award.
No party shall select as an arbitrator any person to act as his/her champion or to
advocate his/her cause. (Article 5.10, par. a, IRR, RA 9285)
What is the procedure in the appointment of Arbitrator or Arbitrators?
The parties are free to agree on a procedure of appointing the arbitrator or
arbitrators. If, in the contract for arbitration or in the submission, a provision is
made for a method of appointing an arbitrator or arbitrators, such method shall
be followed. (Article 5.10, par. b, IRR, RA 9285)
Failing such agreement,
in an arbitration with three (3) arbitrators, each party shall appoint one (1)
arbitrator, and the two (2) arbitrators thus appointed shall appoint the third
arbitrator; if a party fails to appoint the arbitrator within thirty (30) days of
receipt of a request to do so from the other party, or if the two arbitrators
fail to agree on the third arbitrator within thirty (30) days of their
appointment, the appointment shall be made, upon request of a party, by
the appointing authority;
in an arbitration with a sole arbitrator, if the parties are unable to agree on
the arbitrator, he/she shall be appointed, upon request of a party, by the
appointing authority. (Article 5.10, par. c, IRR, RA 9285)
Where, under an appointment procedure agreed upon by the parties,
a party fails to act or appoint an arbitrator as required under such
procedure, or
the parties, or two (2) arbitrators, are unable to appoint an arbitrator or
reach an agreement expected of them under such procedure, or
a third party, including an institution, fails to appoint an arbitrator or to
perform any function entrusted to it under such procedure, or
The multiple claimants or the multiple respondents is/are unable to appoint
its/their respective arbitrator, any party may request the appointing
authority to appoint an arbitrator.
In making the appointment, the appointing authority shall summon the parties
and their respective counsel to appear before said authority on the date, time and
place set by it, for the purpose of selecting and appointing a sole arbitrator. If a
sole arbitrator is not appointed in such meeting, or the meeting does not take
place because of the absence of either or both parties despite due notice, the
appointing authority shall appoint the sole arbitrator. (Article 5.10, par. d, IRR, RA
9285)
If the default appointment of an arbitrator is objected to by a party on whose
behalf the default appointment is to be made, and the defaulting party requests
the appointing authority for additional time to appoint his/her arbitrator, the
appointing authority, having regard to the circumstances, may give the
requesting party not more than thirty (30) days to make the appointment.
If the objection of a party is based on the ground that the party did not fail to
choose and appoint an arbitrator for the arbitral tribunal, there shall be attached
to the objection the appointment of an arbitrator together with the latter’s
acceptance thereof and curriculum vitae. Otherwise, the appointing authority
shall appoint the arbitrator for that party. (Article 5.10, par. e, IRR, RA 9285)
In making a default appointment, the appointing authority shall have regard to
such considerations as are likely to secure the appointment of an independent
and impartial arbitrator. In order to achieve speedy and impartial justice and to
moderate the cost of arbitration, in choosing an arbitrator, the appointing
authority shall give preference to a qualified person who has a place of residence
or business in the same general locality as the agreed venue of the arbitration
and who is likely to accept the arbitrator’s fees agreed upon by the parties, or as
fixed in accordance either with the internal guidelines or the Schedule of Fees
approved by the administering institution or by the appointing authority. (Article
5.10, par. f, IRR, RA 9285)
The appointing authority shall give notice in writing to the parties of the
appointment made or its inability to comply with the Request for Appointment and
the reasons why it is unable to do so, in which later case, the procedure
described under Article 5.5 (Court or Other Authority for Certain Functions of
arbitration Assistance and Supervision) shall apply. (Article 5.10, par. g, IRR, RA
9285)
A decision on a matter entrusted by this Article to the appointing authority shall
be immediately executory and not subject to appeal or motion for
reconsideration. The appointing authority shall be deemed to have been given by
the parties discretionary authority in making the appointment but in doing so, the
appointing authority shall have due regard to any qualification or disqualification
of an arbitrator/s under paragraph
(a) of Article 5.10 (Appointment of Arbitrators) as well as any qualifications
required of the arbitrator/s by the agreement of the parties and to such
considerations as are likely to secure the appointment of an independent and
impartial arbitrator. (Article 5.10, par. h, IRR, RA 9285)
The chairman of the arbitral tribunal shall be selected in accordance with the
agreement of the parties and/or the rules agreed upon or, in default thereof, by
the arbitrators appointed. (Article 5.10, par. i, IRR, RA 9285)
Any clause giving one of the agreement, if otherwise valid, shall be construed as
permitting the appointment of one (1) arbitrator by all claimants and one (1)
arbitrator by all respondents. The third arbitrator shall be appointed as provided
above.
If all the claimants or all the respondents cannot decide among themselves on an
arbitrator, the appointment shall be made for them by the appointing authority.
Article 5.10, par. j, IRR, RA 9285)
The appointing authority may adopt Guidelines for the making of a Request for
Appointment. Article 5.10, par. k, IRR, RA 9285)
Except as otherwise provided in the Guidelines of the appointing authority, if any,
a Request for Appointment shall include, as applicable, the following:
the demand for arbitration;
the name/s and curricula vitae of the appointed arbitrator/s;
the acceptance of his/her/its appointment of the appointed arbitrator/s;
any qualification or disqualification of the arbitrator as provided in the
arbitration agreement;
an executive summary of the dispute which should indicate the nature of
the dispute and the parties thereto;
principal office and officers of a corporate party;
the person/s appearing as counsel for the party/ies; and
information about arbitrator’s fees where there is an agreement between
the parties with respect thereto.
In institutional arbitration, the request shall include such further information or
particulars as the administering institution shall require. Article 5.10, par. l, IRR,
RA 9285)
A copy of the Request for Appointment shall be delivered to the adverse party.
Proof of such delivery shall be included in, and shall form part of, the Request for
Appointment filed with the appointing authority. Article 5.10, par. m, IRR, RA
9285)
A party upon whom a copy of the Request for Appointment is communicated
may, within seven (7) days of its receipt, file with the appointing authority
his/her/its objection/s to the Request or ask for an extension of time, not
exceeding thirty (30) days from receipt of the request, to appoint an arbitrator or
act in accordance with the procedure agreed upon or provided by these Rules.
Within the aforementioned periods, the party seeking the extension shall provide
the appointing authority and the adverse party with a copy of the appointment of
his/her arbitrator, the latter’s curriculum vitae, and the latter’s acceptance of the
appointment. In the event that the said party fails to appoint an arbitrator within
said period, the appointing authority shall make the default appointment. (Article
5.10, par. n, IRR, RA 9285)
An arbitrator, in accepting an appointment, shall include, in his/her acceptance
letter, a statement that:
he/she agrees to comply with the applicable law, the arbitration rules
agreed upon by the parties, or in default thereof, these Rules, and the
Code of Ethics for Arbitrators in Domestic Arbitration, if any;
he/she accepts as compensation the arbitrator’s fees agreed upon by the
parties or as determined in accordance with the rules agreed upon by the
parties, or in default thereof, these Rules; and
he agrees to devote as much time and attention to the arbitration as the
circumstances may require in order to achieve the objective of a speedy,
effective and fair resolution of the dispute. (Article 5.10, par. 0, IRR, RA
9285)
What are the grounds to challenge an Arbitrator?
When a person is approached in connection with his/her possible
appointment as an arbitrator, he/she shall disclose any circumstance likely to
give rise to justifiable doubts as to his/her impartiality, independence,
qualifications and disqualifications. An arbitrator, from the time of his/her
appointment and throughout the arbitral proceedings, shall without delay,
disclose any such circumstances to the parties unless they have already been
informed of them by him/her.
A person, who is appointed as an arbitrator notwithstanding the disclosure made
in accordance with this Article, shall reduce the disclosure to writing and provide
a copy of such written disclosure to all parties in the arbitration.
An arbitrator may be challenged only if:
circumstances exist that give rise to justifiable doubts as to his/her
impartiality or independence;
he/she does not possess qualifications as provided for in this Chapter or
those agreed to by the parties;
he/she is disqualified to act as arbitration under these Rules;
he refuses to respond to questions by a party regarding the nature and
extent of his professional dealings with a party or its counsel.
If, after appointment but before or during hearing, a person appointed to
serve as an arbitrator shall discover any circumstances likely to create a
presumption of bias, or which he/she believes might disqualify him/her as
an impartial arbitrator, the arbitrator shall immediately disclose such

information to the parties. Thereafter, the parties may agree in writing:
to waive the presumptive disqualifying circumstances; or
to declare the office of such arbitrator vacant. Any such vacancy shall be
filed in the same manner the original appointment was made.
After initial disclosure is made and in the course of the arbitration
proceedings, when the arbitrator discovers circumstances that are likely to
create a presumption of bias, he/she shall immediately disclose those
circumstances to the parties. A written disclosure is not required where it
is made during the arbitration and it appears in a written record of the
arbitration proceedings.
An arbitrator who has or has had financial or professional dealings with a
party to the arbitration or to the counsel of either party shall disclose in
writing such fact to the parties, and shall, in good faith, promptly respond
to questions from a party regarding the nature, extent and age of such
financial or professional dealings. (Article 5.11., IRR, RA 9285)
What is the procedure to challenge an Arbitrator?
The procedure to challenge an arbitrator is as follows:
The parties are free to agree on a procedure for challenging an arbitrator,
subject to the provisions of paragraph (c) of this Article.
Failing such agreement, a party who intends to challenge an arbitrator
shall, within fifteen (15) days after becoming aware of the constitution of
the arbitral tribunal or after becoming aware of any circumstance referred
to in paragraph (b) of Article 5.11 (Grounds for Challenge), send a written
statement of the reasons for the challenge to the arbitral tribunal. Unless
the challenged arbitrator withdraws from his/her office or the other party
agrees to the challenge, the arbitral tribunal shall decide on the challenge.
If a challenge under any procedure agreed upon by the parties or under
the procedure of paragraph (b) of this Article in not successful, the
challenging party may request the appointing authority, within thirty (30)
days after having received notice of the decision rejecting the challenge,
to decide on the challenge, which decision shall be immediately executory
and not subject to appeal or motion for reconsideration. While such a
request is pending, the arbitral tribunal, including the challenged arbitrator,
may continue the arbitral proceedings and make an award.
If a request for inhibition is made, it shall be deemed as a challenge.
A party may challenge an arbitrator appointed by him/her/it, or in whose
appointment he/she/it has participated, only for reasons of which he/she/it
becomes aware after the appointment has been made.
The challenge shall be in writing and it shall state specific facts that
provide the basis for the ground relied upon for the challenge. A challenge
shall be made within fifteen (15) days from knowledge by a party of the
existence of a ground for a challenge or within fifteen (15) days from the
rejection by an arbitrator of a party’s request for his/her inhibition.
Within fifteen (15) days of receipt of the challenge, the challenged
arbitrator shall decide whether he/she shall accept the challenge or reject
it. If he/she accepts the challenge, he/she shall voluntarily withdraw as
arbitrator. If he/she rejects it, he/she shall communicate, within the same
period of time, his/her rejection of the challenge and state the facts and
arguments relied upon for such rejection.
An arbitrator who does not accept the challenge shall be given an
opportunity to be heard.
Notwithstanding the rejection of the challenge by the arbitrator, the parties
may, within the same fifteen (15) day period, agree to the challenge.
In default of an agreement of the parties to agree on the challenge thereby
replacing the arbitrator, the arbitral tribunal shall decide on the challenge
within thirty (30) days from receipt of the challenge.
If the challenge procedure as agreed upon by the parties or as provided in
this Article is not successful, or a party or the arbitral tribunal shall decline
to act, the challenging party may request the appointing authority in writing
to decide on the challenge within thirty (30) days after having received
notice of the decision rejecting the challenge. The appointing authority
shall decide on the challenge within fifteen (15) days from receipt of the
request. If the appointing authority shall fail to act on the challenge within
thirty (30) days from the date of its receipt or within such further time as it
may fix, with notice to the parties, the requesting party may renew the
request with the court.
The request made under this Article shall include the challenge, the reply
or explanation of the challenged arbitrator and relevant communication, if
any, from either party, or from the arbitral tribunal.
Every communication required or agreement made under this Article in
respect of a challenge shall be delivered, as appropriate, to the challenged
arbitrator, to the parties, to the remaining members of the arbitral tribunal
and to the institution administering the arbitration, if any.
A challenged arbitrator shall be replaced if:
he/she withdraws as arbitrator, or
the parties agree in writing to declare the office of arbitrator vacant, or
the arbitral tribunal decides the challenge and declares the office of the
challenged arbitrator vacant, or
the appointing authority decides the challenge and declares the office of
the challenged arbitrator vacant, or
in default of the appointing authority, the court decides the challenge and
declares the office of the challenged arbitrator vacant.
The decision of the parties, the arbitral tribunal, the appointing authority, or
in proper cases, the court, to accept or reject a challenge is not subject to
appeal or motion for reconsideration.
Until a decision is made to replace the arbitrator under this Article, the
arbitration proceeding shall continue notwithstanding the challenge, and
the challenged arbitrator shall continue to participate therein as an
arbitrator. However, if the challenge incident is raised before the court,
because the parties, the arbitral tribunal or appointing authority failed or
refused to act within the period provided in paragraphs andof this Article,
the arbitration proceeding shall be suspended until after the court shall
have decided the incident. The arbitration shall be continued immediately
after the court has delivered an order on the challenging incident. If the
court agrees that the challenged arbitrator shall be replaced, the parties
shall immediately replace the arbitrator concerned.
The appointment of a substitute arbitrator shall be made pursuant to the
procedure applicable to the appointment of the arbitrator being replaced.
What are the consequences if there is failure or impossibility to act?
If an arbitrator becomes de jure or de facto unable to perform his/her
functions or for other reasons fails to act without undue delay, his/her
mandate terminates if he/she withdraws from his/her office or if the parties
agree on the termination. Otherwise, if a controversy remains concerning
any of these grounds, any party may request the appointing authority to
decide on the termination of the mandate, which decision shall be
immediately executory and not subject to appeal or motion for
reconsideration.
If, under this Article or Article 5.12 (Challenge Procedure), an arbitrator
withdraws from his/her office or a party agrees to the termination of the
mandate of an arbitrator, this does not imply acceptance Of the validity of
any ground referred to in this Article 5.12. (Article 5.13., IRR, RA 9285)
When is the appointment of a substitute arbitrator proper?
Where the mandate of an arbitrator terminates under Articles 5.12 (Challenge
Procedure) or 5.13 (Failure or Impossibility) or because of his withdrawal from
office for any other reason or because of the revocation of his mandate by
agreement of the parties or in any other case of termination of his/her mandate, a
substitute arbitrator shall be appointed according to the rules applicable to the
arbitrator being replaced. (Article 5.14., IRR, RA 9285)
JURISDICTION OF ARBITRAL TRIBUNAL
What are the grounds for objection over the jurisdiction of the arbitral
tribunal?
When a demand for arbitration made by a party to a dispute is objected to

by the adverse party, the arbitral tribunal shall, in the first instance, resolve
the objection when made on any of the following grounds:
the arbitration agreement is in existent, void, unenforceable or not binding
upon a person for any reason, including the fact that the adverse party is
not privy to said agreement; or
the dispute is not arbitrable or is outside the scope of the arbitration
agreement; or
the dispute is under the original and exclusive jurisdiction of a court or
quasi-judicial body,
If a party raises any of the grounds for objection, the same shall not
preclude the appointment of the arbitrator/s as such issue is for the arbitral
tribunal to decide.
The participation of a party in the selection and appointment of an arbitrator and
the filling of appropriate pleadings before the arbitral tribunal to question its
jurisdiction shall not be construed as a submission to the jurisdiction of the
arbitral tribunal or of a waiver of his/her/its right to assert such grounds to
challenge the jurisdiction of the arbitral tribunal or the validity of the resulting
award.
The respondent in the arbitration may invoke any such grounds to
question before the court the existence, validity, or enforceability of the
arbitration agreement, or the propriety of the arbitration, or the jurisdiction
of the arbitrator and invoke the pendency of such action as ground for
suspension of the arbitration proceeding. The arbitral tribunal, having
regard to the circumstances of the case, and the need for the early and
expeditious settlement of the dispute, in light of the facts and arguments
raised to question its jurisdiction, may decide either to suspend the
arbitration until the court has made a decision on the issue or continue
with arbitration.
If a dispute is, under an arbitration agreement, to be submitted to
arbitration, but before arbitration is commenced or while it is pending, a
party files an action before the court which embodies or includes as a
cause of action the dispute that is to be submitted to arbitration the filling
of such action shall not prevent the commencement of the arbitration or
the continuation of the arbitration until the award is issued. (Article 5.15.,
IRR, RA 9285)
Can an arbitral tribunal order interim measures?
Unless otherwise agreed by the parties, the arbitral tribunal may, at the request
of a party, order any party to take such interim measures of protection as the
arbitral tribunal may consider necessary in respect of the subject matter of the
dispute following the rules in this Article. Such interim measures may include, but
shall not be limited to preliminary injunction directed against a party, appointment

of receivers or detention preservation, inspection of property that is the subject of
the dispute in arbitration. (Article 5.15, par. a, IRR, RA 9285)
When may a request for interim measure of protection be made?
After the constitution of the arbitral tribunal, and during arbitral proceedings, a
request for interim measures of protection, or modification thereof, shall be made
with the arbitral tribunal. The arbitral tribunal is deemed constituted when the sole
arbitrator or the third arbitrator, who has been nominated, has accepted the
nomination and written communication of said nomination and acceptance has
been received by the party making the request. (Article 5.15, par.b, IRR, RA
9285)
What are the Rules on interim or provisional Relief that must be observed?
Any party may request that the provisional or interim relief be granted
against the adverse party.
relief is sought, describing in appropriate detail the precise relief, the party
against whom the relief is requested, the ground for the relief and the
evidence supporting the request.
The order either granting or denying an application for interim relief shall
be binding upon the parties.
attorney’s fee paid in obtaining the order’s judicial enforcement. (Article
5.16, par. c, IRR, RA 9285)
CONDUCT OF ARBITRAL PROCEEDINGS
Discuss the conduct of Arbitral proceedings
On Equal Treatment of Parties
The parties shall be treated with equally and each party shall be given a
full opportunity of presenting his/her/its case. (Article 5.17., IRR, RA 9285)
On Determination of Rules of Procedure

Subjected to the provisions of these Rules, the parties are free to agree on
the procedure to be followed by the arbitral tribunal in conducting the
proceedings.
Failing such agreement, the arbitral tribunal may subject to the provision
of the ADR Act, conduct the arbitration in such manner as it considers
appropriate. The power conferred upon the arbitral tribunal includes the
power to determine admissibility, relevance, materially and weight of
evidence. (Article 5.18., IRR, RA 9285)
On Place of Arbitration
The parties are free to agree on the place of arbitration. Failing such
agreement, the place of arbitration shall be in Metro Manila unless the
arbitral tribunal, having regard to the circumstances of the case, including
the convenience of the parties, shall decide on a different place of
arbitration.
The arbitral tribunal may, unless otherwise agreed by the parties, meet at any
place it considers appropriate for consultation among its members, for hearing
witnesses, experts or the parties, or for inspection of goods, other property or
documents. (Article 5.19., IRR, RA 9285)
On Commencement of Arbitral Proceedings
Where there is a prior arbitration agreement between the parties,
arbitration is deemed commenced as follows:
In institutional arbitration is commenced in accordance with the arbitration
rules of the institution agreed upon by the parties.
In ad hoc arbitration, arbitration is commenced by the claimant upon
delivering to the respondent a demand for arbitration. A demand may be in
any form stating:
the name, address and description of each of the parties;
a description of the nature and circumstances of the dispute giving rise to
the claim;
a statement of the relief sought, including the amount of the claim;
the relevant agreements, if any, including the arbitration agreement, a
copy of which shall be attached; and
appointment of arbitrators and / or demand to appoint.
If the arbitration agreement provides for the appointment of a sole

arbitrator, the demand shall include an invitation of the claimant to the
respondent to meet and agree upon such arbitrator, the place, time and
date stated therein which shall not be less than thirty (30) days from
receipt of the demand.
If the arbitration agreement provides for the establishment of an arbitral

tribunal of three (3) arbitrators, the demand shall name the arbitrator
appointed by the claimant. It shall include the curriculum vitae of the
arbitrator appointed by the claimant and the latter’s acceptance of the
appointment.
Where there is no prior arbitration agreement, arbitration may be initiated
by one party through a demand upon the other to submit their dispute to
arbitration. Arbitration shall be deemed commenced upon the agreement
by the other party to submit the dispute to arbitration.
The demand shall require the respondent to name his/her/its/ arbitrator
within a period which shall not be less than fifteen (15) days from receipt
of the demand. This period may be extended by agreement of the parties.
Within said period, the respondent shall give a written notice to the
claimant of the appointment of the respondent’s arbitrator and attach to
the notice the arbitrator’s curriculum vitae and the latter’s acceptance of
the appointment. (Article 5.20., IRR, RA 9285)
On Language
The parties are free to agree on the language or languages to be used in
the arbitral proceedings. Failing such agreement, the language to be used
shall be English or Filipino. The language/s agreed, unless otherwise
specified therein, shall be in all hearings and all written statements, orders
or other communication by the parties and the arbitral tribunal.
The arbitral tribunal may order that any documentary evidence shall be
accompanied by a translation into the language or languages agreed upon
by the parties in accordance with paragraph (a) of this Article. (Article
5.21., IRR, RA 9285)
On Statement of Claim and Defense
Within the period of time agreed by the parties or determined by the
arbitral tribunal, the claimant shall state the facts supporting his/her/its
claim, the points at issue and the relief or remedy sought, and the
respondent shall state his/her defense in respect of these particulars,
unless the parties may have otherwise agreed as to the required elements
of such statements. The parties may submit with their statements all
documents they consider to be relevant or may add a reference to the
documents or other evidence they will submit.
Unless otherwise agreed by the parties, either party may amend or
supplement his/her/its claim or defense during the course of the arbitral
proceedings, unless the arbitral tribunal considers it inappropriate to allow
such amendments having regard to the delay in making it. (Article 5.22.,
IRR, RA 9285)
On Hearing and Written Proceedings
In ad hoc arbitration, the procedure determined by the arbitrator, with the
agreement of the parties, shall be followed. In institutional arbitration, the
applicable rules of procedure of the arbitration institution shall be followed.

In default of agreement of the parties, the arbitration procedure shall be as
provided in this Chapter 3, Rule 4, IRR of RA 9285.
Within thirty (30) days from the appointment of the arbitrator or the
constitution of an arbitral tribunal, the arbitral tribunal shall call the parties
and their respective counsels to a pre-hearing conference to discuss the
following matters:
The venue or place/s where the arbitration proceeding may be conducted
in an office space, a business center, a function room or any suitable
place agreed upon by the parties and the arbitral tribunal, which may vary
per session/hearing/conference;
The manner of recording the proceedings;
The periods for the communication of the statement of claims with or
without counterclaims, and answer to the counterclaim/s and the form and
contents of such pleadings.
The definition of the issues submitted to the arbitral tribunal for
determination and the summary of the claims and counterclaims of the
parties;
The manner by which evidence may be offered if an oral hearing is
required, the submission of sworn written statements in lieu of oral
testimony, the cross-examination and further examination of witnesses;
The delivery of certain types of communications such as pleadings, terms
of reference, order granting interim relief, final award and the like that, if
made by electronic or similar means, shall require further confirmation in
the form of a hard copy or hard copies delivered personally or by
registered post.
The issuance of subpoena or subpoena duces tecum by the arbitral
tribunal to compel the production of evidence if either party shall or is likely
to request it;
The manner by which expert testimony will be received if a party will or is
likely to request the arbitral tribunal to appoint one or more experts, and in
such case, the period for the submission to the arbitrator by the requesting
party of the proposed terms of reference for the expert, the fees to be
paid, the manner of payment to the expert and the deposit by the parties
or the requesting party of such amount necessary to cover all expenses
associated with the referral of such issues to the expert before the expert
is appointed;
The possibility of either party applying for an order granting interim relief
either with arbitral tribunal or with the court, and, in such case, the nature
of the relief to be applied for;
The possibility of a site or ocular inspection, the purpose of such
inspection, and in such case, the date, place and time of the inspection
and the manner of conducting it, and the sharing and deposit of any
associated fees and expenses;
The amount to be paid to the arbitral tribunal as fees and the associated
costs, charges and expenses of arbitration and the manner and timing of
such payments; and
Such other relevant matters as the parties and the arbitral tribunal may
consider necessary to provide for a speedy and efficient arbitration of the
dispute.
To the extent possible, the arbitral tribunal and the parties shall agree
upon any such matters and in default of agreement, the arbitral tribunal
shall have the discretion and authority to make the decision, although in
making decision, regard shall be given to the views expressed by both
parties
The arbitral tribunal shall, in consultation with the parties, fix the date/s
and the time of hearing, regard being given to the desirability of
conducting and concluding an arbitration without undue delay.
The hearing set shall not be postponed except with the conformity of the
arbitrator and the parties and only for a good and sufficient cause. The
arbitral tribunal may deny a request to postpone or to cancel a scheduled
hearing on the ground that a party has requested or is intending to request
from the court or from the arbitrator an order granting interim relief.
A party may, during the proceedings, represent himself/herself/itself or
through a representative, at such hearing.
The hearing may proceed in the absence of a party who fails to obtain an
adjournment thereof or who, despite due notice, fails to be present, by
himself/herself/itself or through a representative, at such hearing.
Only parties, their respective representatives, the witnesses and the
administrative staff of the arbitral tribunal shall have the right to be present
if the parties, upon being informed of the presence of such person and the
reason for his/her presence, interpose no objection thereto.
Issues raised during the arbitration proceeding relating to (a) the
jurisdiction of the arbitral tribunal over one or more of the claims or counter
claims, or (b) the arbitrability of a particular claim or counter claim, shall be
resolved by the arbitral tribunal as threshold issues, if the parties so
request, unless they are intertwined with factual issues that they cannot be
resolved ahead of the hearing on the merits of the dispute.
Each witness shall, before giving testimony, be required to take an oath/
affirmation before the arbitral tribunal, to tell the whole truth and nothing
but the truth during the hearing.
The arbitral tribunal shall arrange for the transcription of the recorded
testimony of each witness and require each party to share the cost of
recording and transcription of the testimony of each witness.
Each party shall provide the other party with a copy of each statement or
document submitted to the arbitral tribunal and shall have an opportunity
to reply in writing to the other party's statements and proofs.
The arbitral tribunal may require the parties to produce such other
documents or provide such information as in its judgment would be
necessary for it to render a complete, fair and impartial award.
The arbitral tribunal shall receive as evidence all exhibits submitted by a
party properly marked and identified at the time of submission.
At the close of the hearing, the arbitral tribunal shall specifically inquire of
all parties whether they have further proof or witnesses to present; upon
receiving a negative reply, the arbitral tribunal shall declare the hearing
closed.
After a hearing is declared closed, no further motion or manifestation or
submission may be allowed except for post-hearing briefs and reply briefs
that the parties have agreed to submit within a fixed period after the
hearing is declared closed, or when the arbitral tribunal, motu proprio or
upon request of a party, allows the reopening of the hearing.
Decisions on interlocutory matters shall be made by the sole arbitrator or
by the majority of the arbitral tribunal. The arbitral tribunal may authorized
its chairman to issue or release, on behalf of the arbitral tribunal, its
decision on interlocutory matters.
Except as provide in section 17 (d) of the ADR Act. No arbitrator shall act
as a mediator in a any proceeding in which he/she is acting as arbitrator
even if requested by the parties; and all negotiations.
Before assuming the duties of his/her office, an arbitrator must be sworn
by any officer authorized by law to administer an oath or be required to
make an affirmation to faithfully and fairly hear and examine the matters in
controversy and make a just award according to the best his/her ability
and understanding. A copy of the arbitrator's oath or affirmation shall be
furnished each party to the arbitration.
Either party may object to the commencement or continuation of an
arbitration proceeding unless the arbitrator takes an oath or affirmation as
required in this chapter. If the arbitrator shall refuse to take an oath or
affirmation as required by law and this rule, he/she shall be replaced. The
failure to object to the absence of an oath or affirmation shall be deemed a
waiver of such objection and the proceedings shall continue in due course
and may not later be used as a ground to invalidate the proceedings.
the arbitral tribunal shall have the power to administer oaths to, or require
affirmation from, all witnesses directing them to tell the truth, the whole
truth and nothing but the truth in any testimony, oral or written, which they
may give or offer in any arbitration hearing. The oath or affirmation shall
be required of every witness before his/her testimony, oral or written, is
heard or considered.
the arbitral tribunal shall have the power to require any person to attend a
hearing as a witness. It shall have the power to subpoena witnesses, to
testify and/or produce documents when the relevancy and materiality
thereof has been shown to the arbitral tribunal. The arbitral tribunal may
also require the exclusion of any witness during the testimony of any other
witness. Unless the parties otherwise agree, all the arbitrators in any
controversy must attend all the hearings and hear the evidence of the
When may the tribunal order interim measures of protection?
The Arbitral Tribunal may order interim measures of protection to any party under
the following circumstances:
unless otherwise agreed by the parties, the arbitral tribunal may, at the
request of a party and in accordance with the this Article, order any party
to take such interim measures of protection as the arbitral tribunal may
consider necessary in respect of the subject matter of the dispute of the
procedure, Such interim measures may include, but shall not be limited, to
preliminary injunction directed against a party, appointment of receivers or
detention of property that is the subject of the dispute in arbitration or its
preservation or inspection.
After the constitution of the arbitral tribunal, and during the arbitration
proceedings, a request for interim measures of protection, or modification
thereof, may be made with the arbitral tribunal. The arbitral tribunal is
deemed constituted when the sole arbitrator or the third arbitrator, who
has been nominated, has accepted the nomination and written
communication of said nomination and acceptance has been received by
the party making the request.
Any party may request that provisional or interim relief be granted
against the adverse party.
Interim provisional relief is requested by written application transmitted
by reasonable means to the arbitral tribunal and the party against
whom relief is sought, describing in appropriate detail of the precise
relief, the party against whom relief is requested the ground for the
relief, and the evidence supporting the request.
The order either granting or denying an application for interim relief

shall be binding upon the parties.
A party who does not comply with the order shall be liable for all
damages, resulting from noncompliance, including all expenses, and
reasonably attorney’s fees, paid in obtaining the order’s judicial
enforcement.
The arbitral tribunal shall be having the power at any time, before
rendering the award, without prejudice to the rights of any party to petition
the court to take measures to safeguard and/or conserve any matter which
is the subject of the dispute in arbitration. (Article 5.24., IRR, RA 9285)
What are the possible consequences when there is a default on either
party? Unless otherwise agreed by the parties, if, without showing
sufficient causes.
the claimant fails to communicate his/her/its statement of claim in
accordance with paragraph (a) of Article 5.22(Statement of Claim and
Defense), the arbitral tribunal shall terminate the proceedings;
]the respondent fails to communicate his/her/its statement of defense in
accordance with paragraph (a) of Article 5.22 (Statements of Claim and
Defense), the arbitral tribunal shall continue the proceedings without
treating such failure in itself as an admission of the claimant’s allegations;
any party fails to appear at a hearing or to produce documentary
evidence, the arbitral tribunal may continue the proceedings and make the
award based on the evidence before it. (Article 5.26., IRR, RA 9285)
May the arbitral tribunal appoint an expert witness?
Yes. An arbitral tribunal may appoint an expert witness under the following
circumstances:
Unless otherwise agreed by the parties, the arbitral tribunal,
may appoint one or more experts to report to it on specific issues to be
determined by the arbitral tribunal; or
may require a party to give the expert any relevant information or to
produce, or to provide access to, any relevant documents, goods or other
property for his/her inspection.
unless otherwise agreed by the parties, if a party so request or if the
arbitral tribunal considers it necessary, the expert shall, after delivery of
his/her written or oral report, participate in a hearing where the parties
have the opportunity to put questions to him/her and to present expert
witnesses in order to testify on the points at issue.
upon agreement of the parties, the finding of the expert engaged by the
arbitral tribunal on the matter/s referred to him shall be binding upon the
parties and the arbitral tribunal. (Article 5.26., IRR, RA 9285)
May the Arbitral tribunal request assistance in taking evidence and other
matters? Yes. The arbitral tribunal may request the following from the
court:
The arbitral tribunal or a party, with the approval of the arbitral tribunal
may request from a court, assistance in taking evidence such as the
issuance of subpoena ad testificandum and subpoena duces tecum,
deposition taking, site or ocular inspection, and physical examination of
properties. The court may grant the request within its competence and
according to its rules on taking evidence.
The arbitral tribunal or a party to the dispute interested in enforcing an
order of the arbitral tribunal may request from a competent court,
assistance in enforcing orders of the arbitral tribunal, including but not
limited, to the following:
Interim or provision relief;
Protective orders with respect to confidentiality;
Orders of the arbitral tribunal pertaining to the subject matter of the
dispute that may affect third persons and/or their properties; and/or
Examination of debtors. (Article 5.27., IRR, RA 9285)
What are the rules applicable to the substance of dispute?
The arbitral tribunal shall decide the dispute in accordance with such law
as is chosen by the parties, In the absence of such agreement, Philippine
law shall apply.
The arbitral tribunal may grant any remedy or relief which it deems just
and equitable and within the scope of the agreement of the parties, which
shall include, but not be limited to, the specific performance of a contract.
In all cases, the arbitral tribunal shall decide in accordance with the terms
of the contract and shall take into account the usages of the trade
applicable to the transaction. (Article 5.28., IRR, RA 9285)
Explain how the arbitral tribunal renders decision?
The arbitration proceedings with more than one arbitrator, any decision of
the arbitral tribunal shall be made, unless otherwise agreed by the parties,
by a majority of all its members, however questions of procedure may be
decided by the chairman of the arbitral tribunal, if so authorized by the
parties or all members of the arbitral tribunal.
Unless otherwise agreed upon by the parties, the arbitral tribunal shall
render its written award within thirty (30) days after the closing of all
hearings and/or submission of the parties’ respective briefs or if the oral
hearings shall have been waived, within thirty(30) days after the arbitral
tribunal shall have declared such proceedings in lieu of hearing closed.
This period may be further extended by mutual consent of the parties.
What is the consequence if during the arbitral proceedings, the parties
settle the dispute?
If, during arbitral proceedings, the parties settle the dispute, the arbitral
tribunal, record the settlement in the form of an arbitral award on agreed
terms, consent award or award based on compromise.
An award as rendered above shall be made in accordance with the
provisions of Article 5.31 (Form and Contents of Award) and shall state
that it is an award. Such an award has the same status and effect as any
other award on the merits of the case. (Article 5.30., IRR, RA 9285)
Cite the required form and contents of award.
The award shall be made in writing and shall be signed by the arbitral
tribunal. In arbitration proceedings with more than one arbitrator, the
signatures of the majority of all members of the arbitral tribunal shall
suffice, provided that the reason for any omitted signature us stated.
The award shall state the reasons upon which is based, unless the parties
have agreed that no reasons are to be given or the award on agreed
terms, consent award based on compromise under Article 5.30
(Settlement).
The award shall state its date and the placed of arbitration as determined
in accordance with the paragraph (a) of Article 5.19 (Place of Arbitration).
The award shall be deemed to have made at that place.
After the award is made, a copy signed by the arbitrators in accordance
with the paragraph (a) of this Article shall be delivered to each party.
The award of the arbitral tribunal need not be acknowledged, sworn to
under oath, or affirmed by the arbitral tribunal unless so required on
writing by the parties. If despite such requirement, the arbitral tribunal shall
fail to do as required, the parties may, within thirty days from the receipt of
said award, request the arbitral tribunal to supply the omission. The failure
of the parties to make an objection or make such request within the said
period shall be deemed a waiver or such requirement and may no longer
be raised as a ground to invalidate the award. (Article 5.31., IRR, RA
9285)
How are the Arbitral proceedings terminated?
The arbitration proceedings are terminated by the final award or by an order of
the arbitral tribunal in accordance with paragraph (b) of this Article5. 32, Chapter
3, IRR of RA 9285. (Article 5.32, par. b, IRR, RA 9285)
When should the Arbitral issue an order of termination?

The arbitral tribunal shall issue an order for the termination of the arbitration
proceedings when:
The claimant withdraws his claim, unless the respondent’s objects thereto
for the purpose of prosecuting his counterclaims in the same proceedings
of the arbitral tribunal recognizes a legitimate interest on his part in
obtaining a final settlement of the dispute; or
The parties agree on the termination of the proceedings; or
any other reason before unnecessary or impossible; or
The required deposits are not paid in full in accordance with paragraph (d)
of Article 5.46 (Fees and Costs). (Article 5.32, par. b, IRR, RA 9285)
When does the mandate of arbitral tribunal end? Article 5.32. Termination
of Proceedings.
The arbitration proceedings are terminated by the final award or by an
order of the arbitral tribunal in accordance with paragraph (b) of this
Article.
The arbitral tribunal shall issue an order for the termination of the
arbitration proceedings when:
The claimant withdraws his claim, unless the respondent’s objects thereto
for the purpose of prosecuting his counterclaims in the same proceedings
of the arbitral tribunal recognizes a legitimate interest on his part in
obtaining a final settlement of the dispute; or
The parties agree on the termination of the proceedings; or
any other reason before unnecessary or impossible; or
The required deposits are not paid in full in accordance with paragraph (d)
of Article 5.46 (Fees and Costs).
The mandate of the arbitral tribunal ends with the termination of the
arbitration proceedings, subject to the provisions of Article 5.33
(Correction and Interpretation of Award) and Article 5.34 (Application for
Settings Aside in Exclusive Recourse Against the Arbitral Award).
Except as otherwise provided in the arbitration agreement, no motion for
reconsideration correction and interpretation of award or additional award
shall be with the arbitral tribunal. The arbitral tribunal, by releasing its final
award, loses jurisdiction over the dispute and the parties to the arbitral
tribunal, by releasing its final award, loses jurisdiction over the dispute and
the parties to the arbitration. However, where is shown that the arbitral
tribunal failed to resolved an issue. Submitted to him or determination a
verified motion to complete a final award may be made within thirty(30)
days from its receipt.
Notwithstanding the foregoing, the arbitral tribunal may for special reason,
reserved in the final award in order a hearing to quantity costs and
determine which party shall bear the costs or apportionment thereof as
may be determined to be a equitable. Pending determination of this issue,
the award shall not be deemed final for purposes of appeal, vacations,
correction, or any post-award proceedings.
Article 5.33. Correction and Interpretation of Award, Additional Award.

Within thirty (30) days from receipt of the award, unless another period of
time has been agreed upon by the parties.
A party may, with notice to the other party, the arbitral tribunal to correct in
the awards any errors in computation, any clerical or typographical errors
or any errors similar nature
If so agreed by the parties, with notice to the other party, may request the
arbitral tribunal to give an interpretation of a specific point or part of the
award.
If the arbitral tribunal considers the request to be justified, it shall make the
connection or give the interpretation within thirty (30) days from receipt of the
request. The interpretation shall form part of the award.
The arbitral tribunal may correct any errors of the type referred to in
paragraph (a) of this Article on its own initiative within thirty (30) days of
the date of the award.
Unless otherwise agreed by the parties, a party may, with notice to the
other party, may request within thirty (30) days of receipt of the award, the
arbitral tribunal to make an additional award as to claims presented in the
arbitral proceedings but omitted from the award., If the arbitral tribunal
considers the request to be justified, it shall make the additional award
within sixty (60) days.
The arbitral tribunal may extend, if necessary, the period of time within
which it shall make a correction, interpretation or an additional award
under paragraphs (a) and (c) of this Article.
The provisions of Article 5.31 (Form and Contents of Award) shall apply to
a correction or interpretation of the award to an additional award.
What must the court do upon application for setting aside an award?
The court when asked to set aside an award, may, where appropriate and so
requested by a party, suspend the setting aside proceedings for a period of time
determined by it in order to give the arbitral tribunal an opportunity to resume the
arbitral proceedings or to take such other action as in the arbitral tribunal’s
opinion will eliminate the grounds for setting aside an award. (Article 5.34., IRR,
RA 9285)
What are the grounds to vacate an Arbitral award?
The arbitral award may be questioned, vacated or set aside by the appropriate
court in accordance with the Special ADR Rules only on the following grounds:
The arbitral award was procured by corruption, fraud or other undue
means; or
There was evident partially or corruption in the arbitral tribunal or any of its
members; or
The arbitral tribunal was guilty of misconduct or any form of misbehavior
that has materially prejudiced the rights of any party such as refusing to
postpone the hearing upon sufficient cause shown or to hear evidence
pertinent and material to the controversy; or
One or more of the arbitrators was disqualified to act as such under this
Chapter and willfully refrained from disclosing such disqualification; or
The arbitral tribunal exceeded its powers, or so imperfectly executed
them, such that a complete, final and definite award upon the subject
matter submitted to it was not made.
Any other ground raised to question, vacate or set aside the arbitral award shall
be disregarded by the court. (Article 5.35, par. a., IRR, RA 9285)
What may the parties do when a petition to award or set aside an award is
filed?
Where a petition to vacate or set aside an award is filed, the petitioner may
simultaneously, or the oppositor may in the alternative, petition the court to remit
the case to the same arbitral tribunal for the purpose of making a new or revised
final and definite award or to direct a new hearing before the same or new arbitral
tribunal, the members of which shall be chosen in the manner originally provided
in the arbitration agreement or submission. In the latter case, any provision
limiting the time. In which the arbitral tribunal may make a decision shall be
deemed applicable to the new arbitral tribunal and to commence from the date of
the court’s order. (Article 5.35, par. b, IRR, RA 9285)
Where a party files a petition with the court to vacate or set aside an award
by reason of omission/s that do not affect the merits of the case and may
be cured or remedied, what may the adverse party do?
Where a party files a petition with the court to vacate or set aside an award by
reason of omission/s that do not affect the merits of the case and may be cured
or remedied, the adverse party may oppose that petition and instead request the
court to suspend the vacation or setting aside the proceedings for a period of
time to give the arbitral tribunal an opportunity to cure or remedy the award or
resume the arbitration proceedings or take such other action as will eliminate the
grounds for vacation or setting aside. (Article 5.35, par. c, IRR, RA 9285)
RECOGNITION AND ENFORCEMENT OF AWARDS
What must the party moving for an order confirming, modifying, correcting, or
vacating an award do? (Article 5.1., IRR, RA 9285)
When may the court enter its judgment? (Article 5.1., IRR, RA 9285)When may a
decision of the Court confirming, vacating, setting aside, modifying or correcting
an arbitral award be appealed to? (Article 5.1., IRR, RA 9285)What is the nature
of the proceedings for the following?
Recognition and enforcement of an arbitration agreement or
Vacation or setting aside of an arbitral award, and
Any application with a court for arbitration assistance and supervision,
except appeal.
Proceedings for recognition and enforcement of an arbitration agreement or for
vacation or setting aside an arbitral award, and any application with a court for
arbitration assistance and supervision, except appeal shall be deemed as special
proceedings. (Article 5.39., IRR, RA 9285)
Where is the venue of the said proceedings? The same shall be filed with
the Court;
where the arbitration proceedings are conducted;
where the asset to be attached or levied upon, or the act to be enjoined is
located;
where any of the parties to the dispute resides or has its place of
business; or
in the National Capital Judicial Region at the option of the applicant.
Is notice to parties required in a special proceeding for recognition and
enforcement of an Arbitral award? (Article 5.1., IRR, RA 9285)In domestic
Arbitration, is a party entitled to legal representation?
In domestic arbitration conducted in the Philippines, a party may be
represented by any person of his/her/its choice: Provided, that such
representative, unless admitted to the practice of law in the Philippines,
shall not be authorized to appear as counsel in any Philippine Court, or
any other quasi-judicial body whether or such appearance is in relation to
the arbitration in which he/she appears.
No arbitrator shall act as mediator in any proceeding in which he/she is
acting as arbitrator and all negotiations towards settlement of the dispute
must take without the presence of the arbitrators. (Article 5.41., IRR, RA
9285)
Is the Arbitration proceedings privileged?
Yes. The arbitration proceedings, including the records, evidence and the arbitral
award and other confidential information, shall be considered privileged and
confidential and shall not be published except –
with consent of the parties; or
for the limited purpose of disclosing to the court relevant documents in
cases where resort to the court is allowed herein:
Provided, however, that the court in which the action or the appeal is pending
may issue a protective order to prevent or prohibit disclosure of documents or
information containing secret processes, developments, research and other
information where it is shown that the applicant shall be materially prejudiced by
an authorized disclosure thereof. (Article 5.42., IRR, RA 9285)
What is the consequence of the death of the party?
Where a party dies after making a submission or a contact to arbitrate as
prescribed in Rules on Recognition and Enforcement of Awards, the proceeding
may be begun or continued upon the application of, or notice to, his/her executor
or administrator, or to temporary administrator of his/her estate. In any such
case, the court may issue an order extending the time within which notice of a
motion to recognize or vacate an award must be served. Upon recognizing an
award, where a party has died since it was filed or delivered, the court must enter
judgment in the name of the original party; and the proceedings thereupon are
the same as where a party dies after a verdict. (Article 5.43., IRR, RA 9285)
What are the rules in multi-party arbitration?

May the parties agree on consolidation of proceedings and holding of concurrent
hearings? (Article 5.1., IRR, RA 9285)
What are the rules in fees and costs? (Article 5.1., IRR, RA 9285)
ARBITRATION OF CONSTRUCTION DISPUTES
What agency governs arbitration of construction disputes? (Article 5.1., IRR, RA
9285)
OTHER ADR FORMS
If a dispute is already before a court, may a party, before and during pre-
trial, file a motion to refer the parties to other ADR forms/processes?
NEUTRAL OR EARLY NEUTRAL EVALUATION
Cite the rules in the appointment of a Neutral or Early Neutral Evaluation
MINI-TRIAL
How mini-trial is conducted?
MEDIATION-ARBITRATION
What are the Rules on mediation-arbitration?
A Mediation-Arbitration shall be governed by the rules and procedure
agreed upon by the parties, In the absence of said agreement, Chapter 5
on Mediation shall first apply and thereafter, Chapter 5 on Domestic
Arbitration.
No Person shall be having been engage and having acted as mediator of
a dispute between the parties, following a failed mediation, act as
arbitrator of the same dispute, unless the parties, in a written agreement,
expressly authorize the mediator to hear and decide the case as an
arbitrator.
The mediator who becomes an arbitrator pursuant to the Rule on
Mediation-Arbitration shall make an appropriate disclosure to the parties
as if the arbitration proceeding had commenced and will proceed as a new
dispute resolution process, and shall, before entering upon his/her duties,
executive the appropriate oath or affirmation of office as arbitrator in
accordance with the Rule on Mediation-Arbitration. (Article 7.8., IRR, RA
9285)
Terms to Ponder:
ADR Provider means the Institutions or persons accredited as
mediators, conciliators, arbitrators, neutral evaluators or any person
exercising similar functions in any Alternative dispute resolution
system. This is without prejudice to the rights of the parties to choose
non-accredited individuals to act as mediator, conciliator, arbitrator or
neutral evaluator of their dispute.
Alternative Dispute Resolution System means any process or procedures
used to resolve a dispute or controversy, other than by adjudication of a
presiding judge of a court or an officer of a government agency, as defined in
the ADR Act, in which neutral third person participates to assist in the
resolution of issues, Including arbitration, mediation, conciliation, early neutral
evaluation, mini-trial or any combination thereof.
Arbitration means a voluntary dispute resolution process in which one or more

arbitrators, appointed in accordance with the agreement of the parties or
these Rules, resolve a dispute by rendering an award.
Arbitration Agreement means agreement by the parties to submit to

arbitration all or certain disputes which have arisen or which may arise
between them in respect of a defined legal relationship, whether contractual
or not. An arbitration agreement may be in the form of an arbitration clause in
a contract or in the form of a separate agreement.
Authenticate means to sign, execute, adopt a symbol or encrypt a record or
establish the authenticity of a record or term.
Award means any partial or final decision by an arbitrator in resolving the
issue or controversy.
Confidential Information means any information, relative to the subject of
mediation or arbitration, expressly intended by the source not to disclosed, or
obtained under circumstances that would create reasonable expectation on
behalf of the source that the information shall not be disclosed. It shall
include:
communication, oral or written, made in a dispute resolution proceeding,
including any memoranda, notes or work product of the neutral party or
non-party participant;
an oral or written statement made or which occurs during mediation or for
purposes of considering, conducting, participating, initiating, continuing or
reconvening mediation or retaining a mediator; and
pleadings, motions, manifestations, witness statements, reports filed or
submitted in arbitration or for expert evaluation.
Counsel means a lawyer duly admitted to the practice of law in the
Philippines and in good standing who represents a party in any ADR
process.
Court means Regional Trial Court Except insofar as otherwise defined
under Model Law.
Government Agency means any governmental entity, office or officer,
other than a court that is vested by law with quasi-judicial power or the
power to resolve or adjudicate disputes involving the government, its
agencies and instrumentalities or private persons.
Model Law means the Model on International Commercial Arbitration
adopted by the United Nations Commission on International Trade Law on
21 June 1985.
Proceedings means judicial, administrative or other adjudicative process,
including related pre-hearing or post hearing motions, conferences and
discovery.
Record means information written on a tangible medium or stored in an

electronic or other similar medium, retrievable in a perceivable form.
Roster means a list of persons qualified to provide ADR services as
neutrals or to serve as arbitrators.
Special ADR Rules means the Special Rules of Court on Alternative
Dispute Resolution issued by the Supreme Court on September 1, 2009.
MODULE 6- ARBITRATION LAW (REPUBLIC ACT NO. 876

Republic Act No. 876?
This Act shall be known as "The Arbitration Law."
What are the subject matters of Arbitration law?
Two or more persons or parties may submit to the arbitration of one or more
arbitrators any controversy existing between them at the time of the submission
and which may be the subject of an action, or the parties to any contract may in
such contract agree to settle by arbitration a controversy thereafter arising
between them. Such submission or contract shall be valid, enforceable and
irrevocable, save upon such grounds as exist at law for the revocation of any
contract.
Such submission or contract may include question arising out of valuations,
appraisals or other controversies which may be collateral, incidental, precedent
or subsequent to any issue between the parties. (Sec. 2, RA 876)
Who are disqualified to arbitrate?
A controversy cannot be arbitrated where one of the parties to the controversy is
an infant, or a person judicially declared to be incompetent, unless the
appropriate court having jurisdiction approve a petition for permission to submit
such controversy to arbitration made by the general guardian or guardian ad
litem of the infant or of the incompetent.
But where a person capable of entering into a submission or contract has
knowingly entered into the same with a person incapable of so doing, the
objection on the ground of incapacity can be taken only in behalf of the person so
incapacitated. (Sec. 2, RA 876)
What are the controversies or cases not subject to RA No. 876?
This Act shall not apply to controversies and to cases which are subject to the
jurisdiction of the Court of Industrial Relations or which have been submitted to it
as provided by Commonwealth Act Numbered One hundred and three, as

amended. (Sec. 2, RA 876)
What is the form of the Arbitration Agreement?
A contract to arbitrate a controversy thereafter arising between the parties, as
well as a submission to arbitrate an existing controversy shall be in writing and
subscribed by the party sought to be charged, or by his lawful agent.
The making of a contract or submission for arbitration described in section two
hereof, providing for arbitration of any controversy, shall be deemed a consent of
the parties to the jurisdiction of the Court of First Instance of the province or city
where any of the parties resides, to enforce such contract or submission. (Sec. 4,
RA 876)
Discuss the Preliminary Procedure of Arbitration. An Arbitration shall be
instituted by:
In the case of a contract to arbitrate future controversies by the service by
either party upon the other of a demand for arbitration in accordance with
the contract. Such demand shall be set forth the nature of the controversy,
the amount involved, if any, and the relief sought, together with a true
copy of the contract providing for arbitration. The demand shall be served
upon any party either in person or by registered mail. In the event that the
contract between the parties provides for the appointment of a single
arbitrator, the demand shall be set forth a specific time within which the
parties shall agree upon such arbitrator. If the contract between the parties
provides for the appointment of three arbitrators, one to be selected by
each party, the demand shall name the arbitrator appointed by the party
making the demand; and shall require that the party upon whom the
demand is made shall within fifteen days after receipt thereof advise in
writing the party making such demand of the name of the person
appointed by the second party; such notice shall require that the two
arbitrators so appointed must agree upon the third arbitrator within ten
days from the date of such notice.
In the event that one party defaults in answering the demand, the
aggrieved party may file with the Clerk of the Court of First Instance
having jurisdiction over the parties, a copy of the demand for arbitration
under the contract to arbitrate, with a notice that the original demand was
sent by registered mail or delivered in person to the party against whom
the claim is asserted. Such demand shall set forth the nature of the
controversy, the amount involved, if any, and the relief sought, and shall
be accompanied by a true copy of the contract providing for arbitration.
In the case of the submission of an existing controversy by the filing with
the Clerk of the Court of First Instance having jurisdiction, of the
submission agreement, setting forth the nature of the controversy, and the
amount involved, if any. Such submission may be filed by any party and
shall be duly executed by both parties.
In the event that one party neglects, fails or refuses to arbitrate under a
submission agreement, the aggrieved party shall follow the procedure
prescribed in subparagraphs (a) and (b) of Section 5 of RA 876. (Sec. 5,
RA 876)
How is the hearing by court in Arbitration conducted?
A party aggrieved by the failure, neglect or refusal of another to perform under an
agreement in writing providing for arbitration may petition the court for an order
directing that such arbitration proceed in the manner provided for in such
agreement. Five days’ notice in writing of the hearing of such application shall be
served either personally or by registered mail upon the party in default. The court
shall hear the parties, and upon being satisfied that the making of the agreement
or such failure to comply therewith is not in issue, shall make an order directing
the parties to proceed to arbitration in accordance with the terms of the
agreement. If the making of the agreement or default be in issue the court shall
proceed to summarily hear such issue. If the finding be that no agreement in
writing providing for arbitration was made, or that there is no default in the
proceeding thereunder, the proceeding shall be dismissed. If the finding be that a
written provision for arbitration was made and there is a default in proceeding
thereunder, an order shall be made summarily directing the parties to proceed
with the arbitration in accordance with the terms thereof.
The court shall decide all motions, petitions or applications filed under the
provisions of this Act, within ten days after such motions, petitions, or
applications have been heard by it. (Sec. 7, RA 876)
When may a civil action be stayed?
If any suit or proceeding be brought upon an issue arising out of an agreement
providing for the arbitration thereof, the court in which such suit or proceeding is
pending, upon being satisfied that the issue involved in such suit or proceeding is
referable to arbitration, shall stay the action or proceeding until an arbitration has
been had in accordance with the terms of the agreement: Provided, That the
applicant, for the stay is not in default in proceeding with such arbitration. (Sec. 7,
RA 876)
How are Arbitrators appointed?
If, in the contract for arbitration or in the submission described in section two (2)
of RA 876, provision is made for a method of naming or appointing an arbitrator
or arbitrators, such method shall be followed; but if no method be provided
therein the Court of First Instance shall designate an arbitrator or arbitrators.
The Court of First Instance shall appoint an arbitrator or arbitrators, as the case
may be, in the following instances:
If the parties to the contract or submission are unable to agree upon a
single arbitrator; or
If an arbitrator appointed by the parties is unwilling or unable to serve, and
his successor has not been appointed in the manner in which he was
appointed; or
If either party to the contract fails or refuses to name his arbitrator within
fifteen days after receipt of the demand for arbitration; or
If the arbitrators appointed by each party to the contract, or appointed by
one party to the contract and by the proper Court, shall fail to agree upon
or to select the third arbitrator.
The court shall, in its discretion appoint one or three arbitrators, according
to the importance of the controversy involved in any of the preceding
cases in which the agreement is silent as to the number of arbitrators.
Arbitrators appointed under this section shall either accept or decline their
appointments within seven days of the receipt of their appointments. In
case of declination or the failure of an arbitrator or arbitrators to duly
accept their appointments the parties or the court, as the case may be,
shall proceed to appoint a substitute or substitutes for the arbitrator or
arbitrators who decline or failed to accept his or their appointments. (Sec.
8, RA 876)What are the qualifications of an Arbitrator?(Sec. 2, RA 876)
May additional Arbitrators be appointed?
Yes, Sec. 9 provides: “Where a submission or contract provides that two or more
arbitrators therein designated or to be thereafter appointed by the parties, may
select or appoint a person as an additional arbitrator, the selection or
appointment must be in writing. Such additional arbitrator must sit with the
original arbitrators upon the hearing.” (Sec. 9, RA 876)
What must the Arbitrator do if, after appointment but before or during hearing, a
person appointed to service as an arbitrator shall discover any circumstance
likely to create a presumption of bias, or which he believes might disqualify him
as an impartial Arbitrator?
If, after appointment but before or during hearing, a person appointed to serve as
an arbitrator shall discover any circumstances likely to create a presumption of
bias, or which he believes might disqualify him as an impartial arbitrator, the
arbitrator shall immediately disclose such information to the parties. Thereafter
the parties may agree in writing:
to waive the presumptive disqualifying circumstances; or
to declare the office of such arbitrator vacant. Any such vacancy shall be
filled in the same manner as the original appointment was made. (Sec. 10,
RA 876)
Discuss the challenge to Arbitrators.
The arbitrators may be challenged only for the reasons mentioned in the
preceding section which may have arisen after the arbitration agreement or were
unknown at the time of arbitration.
The challenge shall be made before them.
If they do not yield to the challenge, the challenging party may renew the
challenge before the Court of First Instance of the province or city in which the
challenged arbitrator, or, any of them, if there be more than one, resides. While
the challenging incident is discussed before the court, the hearing or arbitration
shall be suspended, and it shall be continued immediately after the court has
delivered an order on the challenging incident. (Sec. 11, RA 876)
What is the procedure to be followed by the Arbitrator?
Subject to the terms of the submission or contract, if any are specified therein,
are arbitrators selected as prescribed herein must, within five days after
appointment if the parties to the controversy reside within the same city or
province, or within fifteen days after appointment if the parties reside in different
provinces, set a time and place for the hearing of the matters submitted to them,
and must cause notice thereof to be given to each of the parties. The hearing can
be postponed or adjourned by the arbitrators only by agreement of the parties;
otherwise, adjournment may be ordered by the arbitrators upon their own motion
only at the hearing and for good and sufficient cause. No adjournment shall
extend the hearing beyond the day fixed in the submission or contract for
rendering the award, unless the time so fixed is extended by the written
agreement of the parties to the submission or contract or their attorneys, or
unless the parties have continued with the arbitration without objection to such
adjournment. The hearing may proceed in the absence of any party who, after
due notice, fails to be present at such hearing or fails to obtain an adjournment
thereof. An award shall not be made solely on the default of a party. The
arbitrators shall require the other party to submit such evidence as they may
require for making an award.
No one other than a party to said arbitration, or a person in the regular employ of
such party duly authorized in writing by said party, or a practicing attorney-at-law,
shall be permitted by the arbitrators to represent before him or them any party to
the arbitration. Any party desiring to be represented by counsel shall notify the
other party or parties of such intention at least five days prior to the hearing.
The arbitrators shall arrange for the taking of a stenographic record of the
testimony when such a record is requested by one or more parties, and when
payment of the cost thereof is assumed by such party or parties.
Persons having a direct interest in the controversy which is the subject of
arbitration shall have the right to attend any hearing; but the attendance of any
other person shall be at the discretion of the arbitrators. (Sec. 12, RA 876)
Are Arbitrators required to take an oath?
Yes. Before hearing any testimony, arbitrators must be sworn, by any officer
authorized by law to administer an oath, faithfully and fairly to hear and examine
the matters in controversy and to make a just award according to the best of their
ability and understanding. Arbitrators shall have the power to administer the
oaths to all witnesses requiring them to tell the whole truth and nothing but the
truth in any testimony which they may give in any arbitration hearing. This oath
shall be required of every witness before any of his testimony is heard. (Sec. 13,
RA 876)
Do Arbitrators have the power to issue subpoena duces tecum and ad
testificandum?
Yes. Arbitrators shall have the power to require any person to attend a hearing
as a witness. They shall have the power to subpoena witnesses and documents
when the relevancy of the testimony and the materiality thereof has been
demonstrated to the arbitrators. Arbitrators may also require the retirement of any
witness during the testimony of any other witness. All of the arbitrators appointed
in any controversy must attend all the hearings in that matter and hear all the
allegations and proofs of the parties; but an award by the majority of them is valid
unless the concurrence of all of them is expressly required in the submission or
contract to arbitrate. (Sec. 14, RA 876)
Do Arbitrators have the power to take measures to safeguard and/or
conserve any matter subject of the dispute in Arbitration?
Yes. The arbitrator or arbitrators shall have the power at any time, before
rendering the award, without prejudice to the rights of any party to petition the
court to take measures to safeguard and/or conserve any matter which is the
subject of the dispute in arbitration. (Sec. 14, RA 876)
How is the hearing of Arbitration conducted?
Arbitrators may, at the commencement of the hearing, ask both parties for brief
statements of the issues in controversy and/or an agreed statement of facts.
Thereafter the parties may offer such evidence as they desire, and shall produce
such additional evidence as the arbitrators shall require or deem necessary to an
understanding and determination of the dispute. The arbitrators shall be the sole
judge of the relevancy and materiality of the evidence offered or produced, and
shall not be bound to conform to the Rules of Court pertaining to evidence.
Arbitrators shall receive as exhibits in evidence any document which the parties
may wish to submit and the exhibits shall be properly identified at the time of
submission. All exhibits shall remain in the custody of the Clerk of Court during
the course of the arbitration and shall be returned to the parties at the time the
award is made. The arbitrators may make an ocular inspection of any matter or
premises which are in dispute, but such inspection shall be made only in the
presence of all parties to the arbitration, unless any party who shall have
received notice thereof fails to appear, in which event such inspection shall be
made in the absence of such party. (Sec. 15, RA 876)
When may the parties’ briefs be filed?
At the close of the hearings, the arbitrators shall specifically inquire of all parties
whether they have any further proof or witnesses to present; upon the receipt of
a negative reply from all parties, the arbitrators shall declare the hearing closed
unless the parties have signified an intention to file briefs. Then the hearing shall
be closed by the arbitrations after the receipt of briefs and/or reply briefs. Definite
time limit for the filing of such briefs must be fixed by the arbitrators at the close
of the hearing. Briefs may filed by the parties within fifteen days after the close of
the oral hearings; the reply briefs, if any, shall be filed within five days following
such fifteen-day period. (Sec. 16, RA 876)
May a hearing be re-opened?
Yes. The hearing may be reopened by the arbitrators on their own motion or
upon the request of any party, upon good cause, shown at any time before the
award is rendered. When hearings are thus reopened the effective date for the
closing of the hearings shall be the date of the closing of the reopened hearing.
(Sec. 17, RA 876)
May parties submit their dispute to Arbitrator other than by oral hearing?
Yes. The parties to a submission or contract to arbitrate may, by written
agreement, submit their dispute to arbitration by other than oral hearing. The
parties may submit an agreed statement of facts. They may also submit their
respective contentions to the duly appointed arbitrators in writing; this shall
include a statement of facts, together with all documentary proof. Parties may
also submit a written argument. Each party shall provide all other parties to the
dispute with a copy of all statements and documents submitted to the arbitrators.
Each party shall have an opportunity to reply in writing to any other party's
statements and proofs; but if such party fails to do so within seven days after
receipt of such statements and proofs, he shall be deemed to have waived his
right to reply. Upon the delivery to the arbitrators of all statements and
documents, together with any reply statements, the arbitrators shall declare the
proceedings in lieu of hearing closed. (Sec. 18, RA 876)
When is the proper time to render award?
Unless the parties shall have stipulated by written agreement the time within
which the arbitrators must render their award, the written award of the arbitrators
shall be rendered within thirty days after the closing of the hearings or if the oral
hearings shall have been waived, within thirty days after the arbitrators shall have
declared such proceedings in lieu of hearing closed. This period may be
extended by mutual consent of the parties. (Sec. 19, RA 876)
What must be the form and contents of the award?
The award must be made in writing and signed and acknowledged by a majority
of the arbitrators, if more than one; and by the sole arbitrator, if there is only one.
Each party shall be furnished with a copy of the award. The arbitrators in their
award may grant any remedy or relief which they deem just and equitable and
within the scope of the agreement of the parties, which shall include, but not be
limited to, the specific performance of a contract.
In the event that the parties to an arbitration have, during the course of such
arbitration, settled their dispute, they may request of the arbitrators that such
settlement be embodied in an award which shall be signed by the arbitrators. No
arbitrator shall act as a mediator in any proceeding in which he is acting as
arbitrator; and all negotiations towards settlement of the dispute must take place
without the presence of the arbitrators.
The arbitrators shall have the power to decide only those matters which have
been submitted to them. The terms of the award shall be confined to such
disputes.
The arbitrators shall have the power to assess in their award the expenses of any
party against another party, when such assessment shall be deemed necessary.
(Sec. 20, RA 876)
Is Arbitration a special proceeding?
Yes. (Arbitration under a contract or submission shall be deemed a special
proceeding, of which the court specified in the contract or submission, or if none
be specified, the Court of First Instance for the province or city in which one of
the parties resides or is doing business, or in which the arbitration was held, shall
have jurisdiction. Any application to the court, or a judge thereof, hereunder shall
be made in manner provided for the making and hearing of motions, except as
otherwise herein expressly provided. (Sec. 22, RA 876)
When may the order of confirmation of award be made?
At any time within one month after the award is made, any party to the
controversy which was arbitrated may apply to the court having jurisdiction, as
provided in section twenty-eight, for an order confirming the award; and
thereupon the court must grant such order unless the award is vacated, modified
or corrected, as prescribed herein. Notice of such motion must be served upon
the adverse party or his attorney as prescribed by law for the service of such
notice upon an attorney in action in the same court. (Sec. 23, RA 876)
What are the grounds to vacate an award?
In any one of the following cases, the court must make an order vacating the
award upon the petition of any party to the controversy when such party proves
affirmatively that in the arbitration proceedings:
The award was procured by corruption, fraud, or other undue means; or
That there was evident partiality or corruption in the arbitrators or any of
them; or
That the arbitrators were guilty of misconduct in refusing to postpone the
hearing upon sufficient cause shown, or in refusing to hear evidence
pertinent and material to the controversy; that one or more of the
arbitrators was disqualified to act as such under section nine hereof, and
willfully refrained from disclosing such disqualifications or of any other
misbehavior by which the rights of any party have been materially
prejudiced; or
That the arbitrators exceeded their powers, or so imperfectly executed
them, that a mutual, final and definite award upon the subject matter
submitted to them was not made.
Where an award is vacated, the court, in its discretion, may direct a new hearing
either before the same arbitrators or before a new arbitrator or arbitrators to be
chosen in the manner provided in the submission or contract for the selection of
the original arbitrator or arbitrators, and any provision limiting the time in which
the arbitrators may make a decision shall be deemed applicable to the new
arbitration and to commence from the date of the court's order.
Where the court vacates an award, costs, not exceeding fifty pesos and
disbursements may be awarded to the prevailing party and the payment thereof
may be enforced in like manner as the payment of costs upon the motion in an
action. (Sec. 24, RA 876)
What are the grounds to modify or correct an award?
In any one of the following cases, the court must make an order modifying or
correcting the award, upon the application of any party to the controversy which
was arbitrated:
Where there was an evident miscalculation of figures, or an evident

mistake in the description of any person, thing or property referred to in
the award; or
Where the arbitrators have awarded upon a matter not submitted to them,
not affecting the merits of the decision upon the matter submitted; or
Where the award is imperfect in a matter of form not affecting the merits of
the controversy, and if it had been a commissioner's report, the defect
could have been amended or disregarded by the court.
The order may modify and correct the award so as to effect the intent thereof and
promote justice between the parties. (Sec. 25, RA 876)
When should a notice of a motion to vacate, modify or correct the award be
served?
Notice of a motion to vacate, modify or correct the award must be served upon
the adverse party or his counsel within thirty days after award is filed or
delivered, as prescribed by law for the service upon an attorney in an action.
(Sec. 26, RA 876)
When may the judgment be made?
Upon the granting of an order confirming, modifying or correcting an award,
judgment may be entered in conformity therewith in the court wherein said
application was filed. Costs of the application and the proceedings subsequent
thereto may be awarded by the court in its discretion. If awarded, the amount
thereof must be included in the judgment. (Sec. 27, RA 876)
What are the papers that must accompany the motion to confirm, modify,
correct or vacate the award?
The party moving for an order confirming, modifying, correcting, or vacating an
award, shall at the time that such motion is filed with the court for the entry of
judgment thereon also file the following papers with the Clerk of Court;
The submission, or contract to arbitrate; the appointment of the arbitrator
or arbitrators; and each written extension of the time, if any, within which
to make the award.
A verified of the award.
Each notice, affidavit, or other paper used upon the application to confirm,
modify, correct or vacate such award, and a copy of each of the court
upon such application.
The judgment shall be docketed as if it were rendered in an action.
The judgment so entered shall have the same force and effect in all respects, as,
and be subject to all the provisions relating to, a judgment in an action; and it
may be enforced as if it had been rendered in the court in which it is entered.

(Sec. 28, RA 876)
When may an appeal be taken?
An appeal may be taken from an order made in a proceeding under this Act, or
from a judgment entered upon an award through certiorari proceedings, but such
appeals shall be limited to questions of law. The proceedings upon such an
appeal, including the judgment thereon shall be governed by the Rules of Court
in so far as they are applicable. (Sec. 29, RA 876)
What is the consequence if a party if a party dies after making a
submission or a contract to arbitrate?
Where a party dies after making a submission or a contract to arbitrate as
prescribed in this Act, the proceedings may be begun or continued upon the
application of, or notice to, his executor or administrator, or temporary
administrator of his estate. In any such case, the court may issue an order
extending the time within which notice of a motion to confirm, vacate, modify or
correct an award must be served. Upon confirming an award, where a party has
died since it was filed or delivered, the court must enter judgment in the name of
the original party; and the proceedings thereupon are the same as where a party
dies after a verdict. (Sec. 30, RA 876)
MODULE 7- KATARUNGANG PAMBARANGAY LAW

(Sections 399 – 422 of the Local Government Code)
I. INTRODUCTION
To give teeth to the Barangay Captains, Presidential Decree 299 which was
made into law in September 1973 gave them ample authority and power to
adequately discharge their peace – making responsibilities and to act as
auxiliaries of the law. They were considered persons in authority, while the other
barangay leaders were deemed agents of persons in authority. In effect, the
barangays through the respective Barangay Captains and other barangay
leaders are involved in law enforcement tasks and also in other aspects of the
criminal justice system.
On August 5, 1974, Presidential Decree 528 was enacted and it laid the
groundwork for the decentralization of the government’s program for the
prevention and control of crime and delinquency on the community level through
the active involvement of the barangays and their members. Its rationale was the
fact that crime and delinquency, being problems of the community, must be
solved by the community on the local level with adequate guidance from the
proper authorities.
In 1978, Presidential Decree 1508, known as the Katarungang Pambarangay
Law, was enacted and it provided a procedure on amicably settling disputes in
the barangay level. It also defined the duties and responsibilities of barangay
officials in dispute settlement, the rules in determining venue,
and the subject matter of settlement, among others.
It became a policy of the State in the 1987 Philippine Constitution to ensure the
autonomy of local governments including the barangay. (Sec 25, Art 2 of the
Philippine Constitution) To ensure the compliance of said policy of the State, the
Congress was directed to enact a local government code which shall provide for
a more responsive and accountable local government structure instituted through
a system of decentralization with effective mechanisms of recall, initiative, and
referendum; allocate among the local government units their powers,
responsibilities and resources; and provide for the qualifications, election,

appointment, and removal, term, salary, powers, and functions and duties of local
officials, and all other matters relating to the organization and operation of local
units. (Sec 3, Art 10 of the Philippine Constitution)
As a response of the Congress to comply with what was mandated by the
Constitution, it enacted Republic Act 7160 which was approved on October 10,
1991 and took effect on January 1, 1992. Republic Act 7160 is the Local
Government Code of the Philippines where sections 399 – 422 of it deal with
Katarungang Pambarangay. In other words, some provisions of Presidential
Decrees 299, 528, and 1508 were amended by Sections 399 – 422 of the Local
Government Code. The Katarungang Pambarangay exists only in the Philippines
and it features how Filipinos resolve disputes without undergoing the Criminal
Justice System. The said portion of the Local Government Code also shows how
a Barangay Chairman has a legislative, executive and judiciary powers at the
same time. He has a legislative power by chairing the Barangay Council, he has
an executive power by executing or enforcing the ordinance passed by the
council, and he has a judicial power by chairing the Lupong Tagapamayapa.
The katarungang Pambarangay which is also known as Barangay Justice
System or Village Justice, would somehow help out the party litigants from
trouble in going in the court of law and at the same time help the court of law to
ease out the delicate task in attending to minor offenses punishable by
imprisonment not exceeding one year or a fine not exceeding five thousand
pesos. Said offenses must be resolved by the community through its barangay
chairman or lupon with adequate guidance from the proper authorities, not strictly
adhering to technical procedural processes, but without sacrificing justice. (Class
discussion of Dizon, 2005 & Tradio, 1996)
Katarungang Pambarangay Law Introduction
PD 1508
This refers to an Act Establishing a System of Amicably Settling Disputes at the
Barangay Level.
What is RA 7160
RA 7160 is otherwise known as the 1991 Local Government Code. This
gives barangays the mandate to enforce peace and order and provide support for
the effective enforcement of human rights and justice. Decentralization has
facilitated the recognition of the Katarungang Pambarangay or Barangay Justice
System as an alternative venue for the resolution of disputes. The challenge
facing local governments now is to maximize and harness the katarungang
pambarangay as one of the most valuable mechanisms available in
administering justice, advancing human rights protection and resolving and/or

mediating conflict at the barangay level through non-adversarial means.
In addition, this law expanded the scope and powers of the Katarungang
Pambarangay or the Barangay Justice System designed not merely to decongest
the courts of cases but to address inequalities in access to justice, particularly
experienced by marginalized communities. The barangays, being the basic
political unit in the country, is in the most strategic position to facilitate resolution
or mediation of community and family disputes, alongside its mandate to deliver
basic services.
What is Katarungang Pambarangay?
Katarungang Barangay (KP) is a system of justice administered at the barangay
level for the purpose of amicable settling disputes through mediation, conciliation
or abitration among the family or barangay without resorting to the courts. The
Katarungang Pambarangay or Barangay Justice System is a community-based
dispute settlement mechanism that is administered by the basic political unit of
the country, the barangay. As a community based mechanism for dispute
resolution, it covers disputes between members of the same community
(generally, same city/municipality) and involves the Punong Barangay and other
members of the communities (the Lupon members) as intermediaries (mediators,
conciliators, and, sometimes, arbitrators).
Take Note: Under the Barangay Justice System, the main strategy for settling
disputes is to provide a venue for the disputing parties to search for a solution
that is mutually acceptable. Hence, the primary role of the system is not to decide
disputes and impose a solution on the parties but to assist the parties in
discussing the possible amicable settlement of their disputes. The Punong
Barangay and the community conciliators (Lupon members) do not act as judges
or adjudicators of disputes but as facilitators for the disputing parties’ discussion
of possible solutions. For this reason, the personal appearance and participation
of the disputing parties is necessary, while the non-appearance of the parties will
have corresponding sanctions. Also because of the need for the disputing
parties’ personal participation in the conciliation proceedings, disputes involving
non-natural persons like corporations are not subject to the conciliation
proceedings of the Barangay Justice System.
What is barangay? What is its role? Barangay defined:
The barangay, as the basic political unit, serves as the primary planning and
implementing unit of government policies, plans, programs, projects, and
activities in the community, and as a forum wherein the collective views of the
people may be expressed, crystallized, and considered, and where disputes may
be amicably settled. (Sec 384 of the Local Government Code)+
The Barangay Chief Officials and Offices are the following:

There shall be in each barangay a Punong Barangay, seven (7) Sangguniang
Barangay Members, a Sangguniang Kabataan Chairman, a Barangay Secretary,
and a Barangay Treasurer.
There shall also be in every barangay a Lupong Tagapamayapa. The
Sangguniang Barangay may form community brigades and create such other
positions and offices as may be deemed necessary to carry out the purposes of
the barangay government in accordance with the needs of public service subject
to the budgetary limitations and to other provisions of laws. (Art 387 of the Local
Government Code)
The Punong Barangay, the seven (7) Sangguniang Barangay Members, the
Sangguniang Kabataan Chairman, the Barangay Secretary, the Barangay
Treasurer, and the members of Lupong Tagapamayapa in each barangay shall
be deemed persons in authority in their jurisdiction, while the other barangay
officials and members who may be designated by law or ordinance in charged
with the maintenance of public order, protection and security of life and property,
or maintenance of desirable and balance environment, and any barangay
member who comes to the aid of persons in authority, shall be deemed agents of
persons in authority. (Art 388 of the Local Government Code)
Take Note: For purposes of this discussion, the terms Barangay Chairman,
Barangay Captain, Lupon Chairman, and Punong Barangay refer to the same
person.
State the manner of electing or appointing officials of Barangay.
The Barangay officials shall be elected or appointed in the following manner:
The Barangay Chairman shall be elected in an election called for that
purpose; and
Under the Philippine Constitution, the term of office of elective local
officials, except barangay officials, which shall be determined by law, shall
be three years and no such official shall serve for more than three
consecutive terms. (Sec 8, Art X of the Philippine Constitution)
The term of office of barangay chairmen and Sangguniang Barangay

Members shall be five (5) years. (Par c, Sec 1 of RA 8524)
he Barangay Secretary and Barangay Treasurer shall be appointed by the
Punong Barangay with concurrence of the majority of all the Sangguniang
Barangay Members. Their appointment shall not be subject to attestation
by the Civil Service Commission; (Sec 394 & 395 of the Local Government
Code)
Who is the Barangay Secretary of the lupon? What are his duties?
The Barangay Secretary shall concurrently serve as the secretary of the Lupon.
His duties are the following:
He shall record the results of the mediation proceedings before the
Punong Barangay and shall submit a report thereon to the proper city or
municipal courts;
He shall receive and keep the records of proceedings submitted to him by
various conciliation panels; and
He shall issue certified true copies of any public record in his custody that
is not by law otherwise declared confidential. (Sec 394 of the Local
Government Code)
Take Note: The word “concurrently” means at the same time. (Aquino, 2005)
What is Lupong Tagapamayapa?
Lupong Tagapamayapa (Lupon) is a body organized in every barangay
composed of Punong Barangay as the chairperson and not less than ten
(10) and more than twenty from which the members of every Pangkat shall
be chosen.
Who has the authority to constitute the Lupon?
The Punong Barangay can appoint the lupon members. It is his/her exclusive
prerogative — no need for approval, confirmation or ratification of the
sangguniang barangay.
What are the six (6) steps to constitute a Lupon?
STEP 1: Determining the actual number of Lupon Members;
STEP 2: Preparing a notice to constitute the Lupon;
STEP 3: Posting the notice to constitute the Lupon;
STEP 4: Appointment of Lupon Members;
STEP 5: Oath taking of Lupon members;
STEP 6: Posting
When and how the Punong Barangay constitute the Lupon?
A notice to constitute the Lupon, which shall include the names of the proposed
members who have expressed their willingness to serve, shall be prepared by
the Barangay Chairman within the first fifteen (15) days from the start of his term
of office.
How many members shouldthe

Punong Barangay include in the
list?
A minimum of ten (10) and
maximum of twenty (20) members.
Who are qualified and
disqualified members of Lupon?
The lupong tagapamayapa shall be
composed of Punong Barangay as
chairman and ten (10) to twenty
(20) members. The qualifications of
the members are the following:
Actually residing or
working in the barangay;
Not expressly
disqualified by law; and
Possessing integrity,
impartiality, independence of mind, sense of fairness, and reputation
for probity. (Sec 399 of the Local Government Code) Below are the
Qualified and Disqualified to be Lupon Members:
After identifying the 10-20 members of the Lupon, what are the next steps?
The Barangay Secretary, who is also the concurrent secretary of Lupon, shall
prepare a notice to constitute the Lupon using KP form 1.
Take Note: Such notice shall be posted in three (3) conspicuous places in the
barangay. Said notice shall contain an invitation to all barangay members to
endorse or oppose the proposed appointment of any person/s included in the list.
The recommendation shall be made within the period of posting for three weeks.
Take Note: Within ten (10) days from completion of the posting requirement, the
Chairman shall appoint those he determines to be the members of the Lupon
using KP form 2. He must, however, take into consideration any opposition to the
proposed appointment.
Be noted further that the appointments shall be in writing, signed by the
Barangay Chairman, and attested by the Barangay Secretary. The members of
the Lupon shall serve for three (3) years. (Secs 397 & 399 of the Local
Government Code
Take Note: The Newly Appointed Lupon Members shall take their Oath
Immediately Before the Punong Barangay using KP Form 5.
Be noted further that the List of appointed Lupon Members shall be posted in
three strategic and highly visible places in the Barangay.
The term of office of Luponmembers and the manner of filling up vacancies:

The Lupon members
shall hold office until a
new lupon is constituted
on the third year
following his
appointment unless
sooner terminated by
resignation, transfer of
residence, or place of
work, or withdrawal of
appointment by the
Punong Barangay with
concurrence of the
majority of all the
members of the
Lupon.Should vacancy
occur in the Lupon for
any cause, the Punong
Barangay shall
immediately appoint a
qualified person who shall hold office only for the unexpired portion of the
term of the predecessor. (Sec 401 of the Local Government Code)
Are the lupon members entitled to some compensation? Do they have

benefits due to them?
The Lupon members shall serve without any compensation. If the barangay has
enough funds, we can always give honoraria to Lupon members who have
participated in the resolution of a particular case. On the other hand, under
Commission on Higher Education (CHED) order 62 series of 1997, two
daughters or sons of a Lupon member are qualified to become a state scholar in
tertiary education to any state colleges or universities.
State the functions of the Lupong Tagapamayapa:

The functions of the Lupong Tagapamayapa are the following:
Exercises administrative supervision over the concillation panels provided
under the law;
Meets regularly once a month to provide a forum for exchange of ideas
among its members and the public on matters relevant to amicable
settlement of disputes, and to enable various conciliation panel members
to share with one another their observations and experiences in effecting
speedy resolution of disputes; and
Exercises such other powers and perform such other duties and functions
as may be prescribed by law or ordinance. (Sec 402 of the Local
Government Code)
What is Pangkat ng Tagapagkasundo. State its composition:
Pangkat ng Tagapagkasundo is a conciliation panel constituted for each dispute
brought before the Lupon. It is composed of three (3) members who shall be
chosen by the parties to the dispute from the list of members of the Lupon.
Should the parties fail to agree on the Pangkat membership, the same shall be
determined by lots drawn by the Barangay Chairman. (Sec 404 of the Local
Government Code)
How shall the Pangkat organize?
The three (3) members constituting the Pangkat shall elect from among
themselves the chairman and the secretary. The secretary shall prepare the
minutes of the Pangkat proceedings and submit a copy duly attested to by the
chairman to the Lupon Secretary and to the proper city or municipal courts. He
shall issue and caused to be served notices to the parties concerned. (Sec 404
of the Local Government Code)
How shall the vacancies in the Pangkat be filled up?
Any vacancy in the Pangkat shall be chosen by the parties to a dispute from
among the Lupon members. Should the parties fail to agree on a common
choice, the vacancy shall be filled by lot to be drawn by Lupon Chairman. (Sec
405 of the Local Government Code)
What is the character of office of Lupon members?
The Lupon members, while in the performance of their official duties or on
occasion thereof, shall be considered persons in authority, as defined in the
Revised Penal Code. (Sec 406 of the Local Government Code)
Take Note: As an effect, if a Lupon member is assaulted or attacked while in
performance of official duty or on occasion thereof, the crime committed is Direct
Assault. (Reyes, 2008)
Are all disputes subject to Barangay Conciliation before filing a Complaint
in Court or any government offices?
All disputes are subject to barangay conciliation and prior recourse thereto is a
pre – condition before filing a complaint in court or any government offices,
except in the following disputes:
Where one party is the government, or any subdivision or instrumentality
thereof;
Where one party is a public officer or employee and the dispute relates to
the performance of his official functions;
Where the dispute involves real properties located in different cities and
municipalities, unless the parties thereto agree to submit their difference to
amicable settlement by an appropriate Lupon;
Any complaint by or against corporations, partnerships or juridical entities,
since only individuals shall be parties to barangay conciliation proceedings
either as complainants or respondents;
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;
Offenses for which the law prescribes a maximum penalty of imprisonment
exceeding one (1) year or a fine of over five thousand pesos (P5,000.00);
Offenses where there is no private offended party;
Disputes where urgent legal action is necessary to prevent injustice from
being committed or further continued, specifically the following:
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 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.

Any class of disputes which the President may determine in the interest of
justice or upon the recommendation of the Secretary of Justice;
Where the dispute arises from the Comprehensive Agrarian Reform Law
(CARL);
Labor disputes or controversies arising from employer – employee
relations;
Actions to annul judgment upon a compromise which may be filed directly
in court. (Aggranzamendez, 2008 & Secs 408 & 412 of the Local
Government Code)
What are the cases under the Katarungang Pambarangay?
The following are the cases under the Katarungang Pambarangay:
Unlawful Use of Means of Publication And Unlawful Utterances (Art. 154);
Alarms and Scandals (Art. 155);
Using False Certificates (Art. 175);
Using Fictitious Names and Concealing True Names (Art. 178);
Illegal Use of Uniforms and Insignias (Art. 179);
Physical Injuries Inflicted in A Tumultuous Affray (Art. 252);
Giving Assistance to Consummated Suicide (Art. 253);
Responsibility of Participants in A Duel If Only Physical Injuries Are
Inflicted or No Physical Injuries Have Been Inflicted (Art. 260);
Less Serious Physical Injuries (Art. 265);
Slight Physical Injuries and Maltreatment (Art. 266);
Unlawful Arrest (Art. 269);
Inducing A Minor to Abandon His/Her Home (Art. 271);
Abandonment of A Person in Danger and Abandonment of One’s Own
Victim (Art. 275);
Abandoning A Minor (A Child Under Seven [7] Years Old) (Art. 276);
Abandonment of A Minor by Persons Entrusted With His/Her Custody;
Indifference Of Parents (Art. 277);
Qualified Tresspass To Dwelling (Without The Use Of Violence And
Intimidation). (Art. 280);
Other Forms Of Tresspass (Art. 281);
Light Threats (Art. 283);
Other Light Threats (Art. 285);
Grave Coercion (Art. 286);
Light Coercion (Art. 287);
Other Similar Coercions (Compulsory Purchase of Merchandise and
Payment Of Wages By Means Of Tokens). (Art. 288);
Formation, Maintenance and Prohibition of Combination of Capital Or
Labor Through Violence Or Threats (Art. 289);
Discovering Secrets Through Seizure and Correspondence (Art. 290);

Revealing Secrets with Abuse of Authority (Art. 291);
Theft (If the Value of The Property Stolen Does Not Exceed P50.00). (Art.
309)
Qualified Theft (If the Amount Does Not Exceed P500). (Art. 310);
Occupation of Real Property or Usurpation Of Real Rights In Property (Art
312);
Altering Boundaries or Landmarks (Art. 313);
Swindling or Estafa (If the Amount Does Not Exceed P200.00). (Art. 315);
Other Forms of Swindling (Art. 316);
Swindling A Minor (Art. 317);
Other Deceits (Art. 318);
Removal, Sale or Pledge of Mortgaged Property (Art. 319);
Special Cases of Malicious Mischief (If the Value of the Damaged
Property Does Not Exceed P1,000.00). (Art 328);
Other Mischiefs (If the Value of The Damaged Property Does Not Exceed
P1,000.00). (Art. 329);
Simple Seduction (Art. 338);
Acts of Lasciviousness with The Consent of The Offended Party (Art 339);
Threatening to Publish and Offer to Prevent Such Publication For
Compensation (Art. 356);
Prohibiting Publication of Acts Referred to In the Course Of Official
Proceedings (Art. 357);
Incriminating Innocent Persons (Art. 363);
Intriguing Against Honor (Art. 364);
Issuing Checks Without Sufficient Funds (Bp 22); And
Fencing of Stolen Properties If the Property Involved Is Not More Than
P50.00 (Pd 1612).
What Are the Rules to Be Considered In Determining The Venue In Settling
Disputes? The Rules in Determining Venue in Settling Disputes are the
Following:
The Disputes Between Persons Actually Residing in The Same Barangay
Shall Be Brought for Amicable Settlement Before The Lupon Of Said
Barangay;
Those Involving Actual Residents of Different Barangays Within the Same
City or Municipality Shall Be Brought in The Barangay Where the
Respondent Or Any Of The Respondents Actually Resides, At The
Election Of The Complainant;
All Disputes Involving Real Property or Any Interest Therein Shall Be
Brought in The Barangay Where the Real Property or The Larger Portion
Thereof Is Situated; And
Those Arising At The Workplace Where The Contending Parties Are

Employed Or At The Institution Where Such Parties Are Enrolled For
Study Shall Be Brought In The Barangay Where Such Workplace Or
Institution Is Located.
Take Note: The respondent must raise the question of improper venue in the
mediation proceedings before the Punong Barangay; otherwise, the same shall
be deemed waived. (Sec 409 of the Local Government Code)
It must be stressed further that “waive” means renounce. (Bloomsburry, 2007)
Sample Case:
What is the procedure to be followed for settlement of disputes at the
barangay level? The procedure to be followed in resolving disputes in the
barangay level are the following:
The complainant complains orally or in writing to the Lupon Chairman of
the barangay; If the complaint is done orally, it is the duty of the Lupon
Chairman to place it in writing.
Within the next working day from receipt of the complaint, the Lupon
Chairman shall summon the respondent, with notice to the complainant,
for them and their witnesses to appear before him for mediation;
If the Lupon Chairman fails in his mediation efforts within fifteen (15) days
from the first meeting of parties, he shall set a date for the constitution of
the Pangkat ng Tagapagkasundo;
The Pangkat shall convene not later than three (3) days from its
constitution to hear both parties and their witnesses, simplify issues, and
explore all possibilities for amicable settlement;
The Pangkat shall arrive at settlement or resolution of the dispute within
fifteen (15) days, from the day it convened; otherwise the Certification to
File Action shall be issued. (Sec 410 of the Local Government Code)
Take Note: The term “summon” means invite. (Bloomsbury, 2007)
It must be stressed further that the one complaining before the Barangay Captain
is known as complainant and the one being charged is known as the respondent.
(Aggranzamendez, 2008)
Who shall issue Certification to File Action?
The Certification to File Action shall be issued by any of the following:
The Lupon Secretary and attested by the Lupon Chairman, certifying that
a confrontation of the parties has taken place and that a conciliation or
settlement has been subsequently repudiated;
The Pangkat Secretary and attested by the Pangkat Chairman, certifying
that:
Confrontation between the parties took place but no conciliation and/or

settlement has been reached; or
No confrontation took place before the Pangkat through no fault of the
complainant.
The Punong Barangay, as requested by the proper party on the ground of
failure of settlement where the dispute involves members of the same
indigenous cultural community, which shall be settled in accordance with
the customs and traditions of that particular cultural community, or where
one or more of the parties mutually agreed to submit their disputes to the
indigenous system of amicable settlement, and there has been no
settlement as certified by the Datu or tribal leader or elder to the Punong
Barangay of the place of settlement. (Aggranzamendez, 2008)
If the parties have reached a settlement of their dispute, in what form must
the settlement be?
The form of amicable settlement:
The amicable settlement shall be in writing, in a language or dialect known to the
parties, signed by them and attested by the Lupon Chairman or Pangkat
Chairman, as the case may be.
When the parties to a dispute do not use the same language or dialect, the
settlement shall be written in a language or dialect known to them. (Sec 411 of
the Local Government Code)
The effect of amicable settlement:
If an amicable settlement is not repudiated by any of the parties within ten (10)
days from the date thereof, it shall have the effect of final judgment of a court.
(Sec 416 of the Local Government Code)
How may a party to the dispute repudiate the amicable settlement?
Any party to the dispute may repudiate the settlement by filing with the Lupon
Chairman, within ten (10) days from the date of settlement, a statement of
repudiation sworn to before him, on the ground that such consent of said party is
vitiated by fraud, intimidation, or violence (FIV). Such repudiation shall be a
sufficient basis for the issuance of certification to file action. (Sec 418 of the Local
Government Code)
If the amicable settlement is not repudiated within ten (10) days from the
date thereof, how may it be enforced?
If the amicable settlement is not repudiated within ten (10) days from the date
thereof, it may be enforced by execution by the Lupon within six (6) months from
the date of the settlement. After the lapse of the six – month period, it may be
enforced by action in the appropriate Municipal Trial Court. (Sec 417 of the Local
Government Code)
Define arbitration. How and when is it done?
Arbitration is the process of resolving a dispute or a grievance outside of court
system by presenting it to a third person or panel for decision.
(Aggranzamendez, 2008)
How shall parties submit their dispute for arbitration?
The parties may submit their dispute to the Lupon Chairman or Pangkat for
arbitration by entering into a written agreement to arbitrate. The written
agreement to arbitrate shall state that the parties shall abide by the arbitration
award of the Lupon Chairman or the Pangkat ng Tagapagkasundo. (Sec 413 of
May any of the parties repudiate the agreement to arbitrate?
Yes, any party may repudiate the agreement to arbitrate but he must do so within
five (5) days from the date of the execution of agreement to arbitrate. (Sec 413 of
Within what time shall the Lupon Chairman or the Pangkat Chairman make
the arbitration award and in what form will it be?
The Lupon Chairman or the Pangkat Chairman shall make the arbitration award
after the expiration of the period for repudiation of the agreement to arbitrate and
within ten (10) days thereafter. The arbitration award shall be in writing and in the
language or dialect known to the parties. (Sec 413 of the Local Government
Code)
Can the arbitration award be repudiated?
No. the arbitration award cannot be repudiated. The remedy against an
arbitration award is to file with the appropriate Municipal Trial Court a petition for
its nullification within ten (10) days from the date thereof.
If no petition for nullification is filed within the ten – day period, the arbitration
award shall have the effect of a final judgment of a court. (Sec 417 of the Local
Government Code)
How shall an arbitration award be enforced?
An arbitration award may be enforced by execution by the Lupon within six (6)
months from the date of the settlement. After the lapse of the six – month period,
it may be enforced by action in the appropriate Municipal Trial Court. (Sec 417 of
In Katarungang Pambarangay proceedings, may the parties appear with the

assistance of their counsel?
No. By the express provision of law, parties must not be assisted by counsel in
pambarangay proceedings. Minors and incompetents are assisted by next – of –
kin who are not lawyers. (Sec 415 of the Local Government Code)
Aside from the stated positions in the Barangay level, there is Sangguniang
Barangay, a very important organization. State its composition and authority. The
Sangguniang Barangay, the legislative body of the Barangay, shall be composed
of the Punong Barangay as presiding officer, and the seven (7) regular
Sangguniang Barangay members elected at large and Sangguniang Kabataan
chairman, as members. (Sec 390 of the Local Government Code) The term of
office of barangay chairmen and Sangguniang Barangay Members shall be five
(5) years. (Par c, Sec 1 of RA 8524)
State the functions of the Sangguniang Barangay:
The Sangguniang Barangay, as the legislative body of the Barangay, shall have
functions which include the following:
Enact ordinances as may be necessary to discharge the responsibilities
conferred upon it by law or ordinance and to promote the general welfare
of the inhabitants therein;
Enact tax and revenue ordinances, subject to the limitations imposed by
the Local Government Code;
Enact annual and supplemental budgets in accordance with the provisions
of the Local Government Code;
Provide for the construction and maintenance of barangay facilities and
other public works projects chargeable to the general fund of the barangay
or such other funds actually available for the purpose;
Submit to the Sangguniang Panlungsod or Sangguniang Bayan such
suggestions or recommendations as it may see fit for the improvement of
the barangay or for the welfare of the inhabitants thereof. (Sec 391 of the
Local Governemt Code)
TERMS TO PONDER:
Adjudication is the power of courts or quasi-judicial agencies to decide
cases filed before them and falling within their jurisdiction.
Amicable Settlement is an agreement reached during mediation and
conciliation proceedings.
Arbitration is a process wherein the third party from outside the judicial
system is chosen by parties to hear and decide their dispute.
Arbitration Award is the decision reached by either the lupon chairperson

or pangkat, as the case may be, upon prior agreement in writing by the
parites to a dispute for the adjudicators to resolve it.
Attachment is a provisional remedy in the form of an order issued by a
judge before whom the case is pending by which the property is taken into
legal custody as security for satisfaction of a judgment obtained by the
prevailing party, either at the commencement of the action or any time
after thefiling of the case before the final judgment.
Complainant — plaintiff (one complaining before the Barangay Captain).
Complaint is a concise statement of ultimate facts constituting the
plaintiff’s cause and causes of action.
Conciliation is a process wherein the Pangkat forgoes the power to decide
or recommend but assist the parties to isolate issues and options to reach
a settlement by consensus that jointly satisfies their needs
Delivery of Personal Property (Replevin) is provisional remedy by which a
judge before whom an action is pending for the recovery of
personalproperty issues an order for the delivery of such property to the
movant or the party filing the petition upon filing of a bond to guarantee its
return or to answer for the damages.
Execution is the process of exacting satisfaction for on or both of the
parties through compulsory or coercive means. It entails the enforcement
of the terms of the amicable settlement or arbitration award in so far as
this may enjoin or command any of the parties to perform an act, give
something or refrain from doing some act
Habeas Corpus is a judicial proceeding for the purpose of releasing a
person who is illegally deprived of liberty or restoring rightful custody to
the person who has been deprived of.
Incompetent means a person who is suffering the penalty of civil
interdiction; or who is a hospitalized.leper, prodigal, deaf and dumb who is
unable to communicate; one who is of unsound mind, even though he has
a lucid intervals and a person notbeing unsound mind but by reason of
age, disease, weak mind, and other similar causes, cannot, without
outside aid, take care of himself and mange his property, becoming
thereby an easy prey for deceit and exploitation.
Jurisdiction is an authority to hear and decide a case and given by law and
cannot be agreed by the parties.
Katarungang Barangay (KP) is a system of justice administered at the
barangay level for the purpose of amicable settling disputes through
mediation, conciliation or abitration among the family or barangay without
resorting to the courts.
Lupong Tagapamayapa (Lupon) is a body organized in every barangay
composed of Punong Barangay as the chairperson and not less than ten
(10) and more than twenty from which the members of every Pangkat
shall be chosen.
Mediation is a process wherein the Lupon chairperson or Barangay
Chairperson assists the disputing parties to reach a settlement by
consensus that jointly satisfies their needs.
Minor is a person below eighteen (18) years of age.
Next of Kin is an individual who is a relative or a responsible friend with
whom the minor or incompetent lives.
Pangkat Tagapagkasundo (Pangkat) is a conciliation panel constituted
from the Lupon membership for every dispute brought before the Lupon
consisting of three (3) members after the Punong Barangay has failed in
his mediation efforts.
Preliminary injunction is a provisional remedy in the form of an order
issued by a judge before whom the case is pending at any stage before
the final judgment requiring a person to refrain from a particular act.
Repudiation is an act of rejecting the validity or refusing to accept the
terms and conditions of agreement on the ground of vitiation of consent by
fraud, violence or intimidation.
Respondent — defendant (one being charged).
Statute of Limitations is the law which bars or does not allow the institution
or filing of an action or case against another after the expiration of the
period prescribe d for such action or offense
Support Pendente Lite is a provisional remedy in a form of an order issued
by a judge before whom the case is pending granting allowance, dwelling,
clothing, education and medical attendance to the person entitled thereof.
Venue is the place where the case is to be heard and decided. This is not
fixed by law except in criminal cases, and can be agreed upon by the
parties.
MODULE 8- Concept and principles of restorative justice

Restorative Justice
Restorative justice refers to a principle which requires a process of
resolving conflicts with the maximum involvement of the victim, the offender and
the community. It seeks to obtain reparation for the victim; reconciliation of the
offender, the offended and the community; and reassurance to the offender that
he/she can be reintegrated into society. It also enhances public safety by
activating the offender, the victim and the community in prevention strategies.
It embraces a wide range of human emotions – healing, mediation, compassion,
forgiveness, mercy, and reconciliation. (Par q, Sec 4 of RA 9344)
Justification of introducing restorative justice:
The current Philippine criminal justice system, after considering the duties and
functions of its different pillars, reveals its defects and they are the following:
The victims of a crime may not pursue a criminal case against the
perpetrator because of lack of support from the government especially the
person arrested for the commission of a crime or the accused persons
have numerous rights compared to the victims of a crime;
The suspects who are actually fall guys may be convicted because they
have no money to spend especially in hiring experienced and skilled
lawyers to defend them;
The criminal cases may be dismissed because of insufficiency of evidence
or technicality even if the accused confessed that he was the one who
committed the crime;
The accused may be convicted of a charge and a penalty is imposed by
the court but the victim or the society as a whole is not yet contented of
the suffering that the accused may undergo;
The trial of a case may take a very period of time notwithstanding the
presence of the Speedy Trial Act;
Even if a perpetrator is imprisoned or has undergone a community –
based treatment, he may not be reformed or rehabilitated; and
In fact, correction is known as the weakest pillar of the Criminal Justice System
because of its failure to reform and rehabilitate offenders.
The persons who were imprisoned by reason of the crime they committed
may not be effectively reintegrated in the community.
This is because they may always be called ex – convicts and most employers do
not hire persons with a criminal record.
As a result of these defects, the victims of a crime may again be victimized by the
system to suffer financially and emotionally especially if the perpetrator is not
directed by the court to pay anything to them. Because of this, the restorative
justice was introduced. It is the purpose of restorative justice to settle the issue
between the offender and the offended party with their active participation. The
members of the community must also give their active participation for the
offended and the offender to be as much as possible satisfied with the penalty
imposed.
It may be true that the restorative justice may be abused by the offender by just
paying the offended party with a certain amount of money but consider the fact
that human beings cannot really establish a perfect criminal justice system. It is
still believed that the restorative justice will lessen the numerous problems
encountered in our present criminal justice system.
In fact, it may be concluded that the abolition of Republic Act 7659 or the Death
Penalty Law has deepened our understanding of the character and dynamics of
the Philippine criminal justice system, particularly its punitive and retributive
orientation. (Tradio, 1996; Pangda, 2007 &
www.restorativejustice.org/university.../philippines)
After the abolition of the Death penalty law, Republic Act 9285 was enacted to
further strengthen the restorative justice. Said law is an act to institutionalize the
use of an alternative dispute resolution system in the Philippines and to establish
the office for alternative dispute resolution, and for other purposes. (Title of RA
9285)
Take Note: Alternative Dispute Resolution System means any process or
procedure used to resolve a dispute or controversy, other than by adjudication of
a presiding judge of a court or an officer of a government agency, in which a
neutral third party participates to assist in the resolution of issues, which includes
arbitration, mediation, conciliation, early neutral evaluation, mini – trial, or any
combination thereof. (Par 1, Sec 3 of RA 9285)
Aside from the Alternative Dispute Resolution System, the court may also
conduct Judicial Dispute Resolution. What is the process to be observed in
conducting Alternative Dispute Resolution?
The following is the process to be observed in conducting Judicial Dispute
Resolution before the court:
Before trial, the judge may refer the case to the Mediation Center for
conciliation, mediation, or arbitration;
If there is no settlement in the Mediation Center, the judge will conduct a
judicial dispute resolution; and
If the Judicial Dispute Resolution again fails, the judge will conduct trial to
determine the guilt of the accused and impose the proper penalty in case
of conviction. (Personal interview with Atty. Tom Mocnangan, November
17, 2010)
One of the justifications of penalty is retribution. What are the distinctions
between retributive justice and restorative justice? The following are the
distinctions between retributive justice and restorative justice:
Retributive justice is an approach focused on determining the following:
What law was broken;
Who broke it; and
How shall offenders be punished?
Restorative justice, on the other hand, is an approach focused on determining
the following:
What is the harm resulted from the crime;
What needs to be done to repair the harm; and
Who is responsible for repairing the harm?
Retributive justice considers a crime as an act against the State, while
restorative justice considers a crime as an act against the victim and the
community;
In retributive justice, the control of crimes lies to the criminal justice
system, while in restorative justice, the control of crimes lies to the
community;
In retributive justice, the community is represented by the State, while in
restorative justice, the community is the facilitator in the restorative
process;
Retributive justice focuses on the past by determining the person to be
blamed for the crime committed, while restorative justice focuses on the
future to determine the matters to be considered so that the crime will not
be repeated;
Retributive justice focuses on the offender’s past behavior, while
restorative justice focuses on the consequences of offender’s behavior;
Retributive justice emphasizes the adversarial relationship, while

restorative justice emphasizes dialogue and negotiations;
Retributive justice considers crime as an individual act with individual
responsibility, while restorative justice considers crime as both individual
and social responsibility; and
Retributive justice is based on the principle of lex talliones, while
restorative justice is based on forgiveness and reconciliation.
Take Note: “Lex talliones” is a law of equal and direct retribution. In the words of
the Hebrew scriptures, Le talliones means "an eye for an eye, a tooth for a tooth,
an arm for an arm, a life for a life." The earliest written code of laws was the
Code of Hammurabi, the most famous of the Old Babylonian, or Amorite, kings of
Mesopotamia. Hammurabi's code of laws is almost entirely based on the
principle of equal and direct retribution; it betrays the origin of law in retributive
violence. Since the lex talionis is often the earliest form that law takes, from it we
can conclude that the basic function of law is revenge and retribution. Unlike
direct retribution, however, the law is administered by the State or by individuals
that cannot be victims of revenge in return. (en.wikipilipinas.org/index.php?
title=Lex_Talionis_Fraternitas)
It must be stressed further, however, that lex talliones is the law of
proportionality. Hence, if a property worth 100 gold coins is stolen, the victim
cannot claim 200 gold coins in return.
THE FUNDAMENTAL PRINCIPLES OF RESTORATIVE JUSTICE:

The fundamental principles of Restorative Justice are the following:
Justice requires that all must work to restore those who have been injured
like the victims, the community, and even the offenders;
Those most directly involved and affected by crime should have the
opportunity to participate fully in the response if they wish; and
The government is responsible for preserving a just public order and the
community establishes peace.
The provisions of the Holy Bible which may be bases of restorative justice:
The following are the provisions of the Holy Bible which may be bases of
restorative justice:
Jesus specifically rejects “an eye for an eye” and tells that if anyone hits
you on the right cheek, offer him the other one as well. (Matthew 5:38 –
39)
Jesus called on followers to love their neighbors and enemies too.

(Matthew 5:43 – 44)
Jesus called for unlimited love and said our forgiveness should be beyond
calculation by forgiving others until seventy times seven. (Matthew 18:21 –
22) (Other sources: Philippine Bible Society, 1987; Bloomsbury, 2007;
Reyes, 2008; Diamante, 2010; Personal interview with Rev. Gloria
Mapangdol, October 2, 2010; Classroom Discussion of Corpuz, 2010)
MODULE 9- CRISIS AND INCIDENT MANAGEMENT

I. INTRODUCTION
Crisis management is a situation-based management system that includes
clear roles and responsibilities and process related organizational requirements
company-wide. The response shall include action in the following areas: Crisis
prevention, crisis assessment, crisis handling and crisis termination. The aim of
crisis management is to be well prepared for crisis, ensure a rapid and adequate
response to the crisis, maintaining clear lines of reporting and communication in
the event of crisis and agreeing rules for crisis termination.
The techniques of crisis management include a number of consequent steps
from the understanding of the influence of the crisis on the corporation to
preventing, alleviating, and overcoming the different types of crisis. Crisis
management consists of different aspects including: Methods used to respond to
both the reality and perception of crisis. Establishing metrics to define what
scenarios constitute a crisis and should consequently trigger the necessary
response mechanisms. Communication that occurs within the response phase of
emergency-management scenarios. Crisis-management methods of a business
or an organization are called a crisis-management plan. A British Standard
BS11200:2014 provides a useful foundation for understanding terminology and
frameworks relating to crisis, in this document the focus is on the corporate
exposure to risks in particular to the black swan events that result in significant
strategic threats to organizations. Currently there is work on-going to develop an
International standard. Crisis management is occasionally referred to as incident
management, although several industry specialists such as Peter Power argue
that the term "crisis management" is more accurate. A crises mindset requires
the ability to think of the worst-case scenario while simultaneously suggesting
numerous solutions. Trial and error is an accepted discipline, as the first line of
defense might not work. It is necessary to maintain a list of contingency plans
and to be always on alert. Organizations and individuals should always be
prepared with a rapid response plan to emergencies which would require
analysis, drills and exercises. The credibility and reputation of organizations is
heavily influenced by the perception of their responses during crisis situations.
The organization and communication involved in responding to a crisis in a timely
fashion makes for a challenge in businesses. There must be open and consistent
communication throughout the hierarchy to contribute to a successful crisis
communication process. The related terms emergency management and
business continuity management focus respectively on the prompt but short lived
"first aid" type of response (e.g. putting the fire out) and the longer-term recovery
and restoration phases (e.g. moving operations to another site). Crisis is also a
facet of risk management, although it is probably untrue to say that crisis
management represents a failure of risk management, since it will never be

possible to totally mitigate the chances of catastrophes' occurring
Crisis management is the process by which an organization deals with a
disruptive and unexpected event that threatens to harm the organization or its
stakeholders. The study of crisis management originated with large-scale
industrial and environmental disasters in the 1980s. It is considered to be the
most important process in public relations. Three elements are common to a
crisis: (a) a threat to the organization, (b) the element of surprise, and (c) a short
decision time. Venette argues that "crisis is a process of transformation where
the old system can no longer be maintained". Therefore, the fourth defining
quality is the need for change. If change is not needed, the event could more
accurately be described as a failure or incident. In contrast to risk management,
which involves assessing potential threats and finding the best ways to avoid
those threats, crisis management involves dealing with threats before, during,
and after they have occurred. It is a discipline within the broader context of
management consisting of skills and techniques required to identify, assess,
understand, and cope with a serious situation, especially from the moment it first
occurs to the point that recovery procedures start.
Definition of Crisis Management
It is the expert handling of a crisis or emergency to reduce or eliminate
danger or damage, or the like, especially on the part of the government.
Objectives of the Crisis Management
Resolve without further incident.
Safety of all participants.
Apprehension of all perpetrators.
Accomplish the task within the framework of current community standards.
Theory of Crisis Management
Contain and negotiate.
Protect the innocent from harm.
Allow passage of time so that the perpetrators can be reasoned with through
negotiation.
Allow the passage of time so that the response can avail of the following:
Evaluate the situation
Gather Information
Explore alternatives
Formulate a plan of action
Five must in Crisis Management
Rely on continuous flow of information from all sources.
Press Perpetrators to abandon their position.

Receive, analyze and disseminate all information.
Mount controlled probes on the perpetrators position.
Prepare for a rapidly escalating series of events.
Nature and Types of Crisis Management

During the crisis management process, it is important to identify types of crises in
that different crises necessitate the use of different crisis management strategies.
Potential crises are enormous, but crises can be clustered.
Lerbinger categorized eight types of crises:
1. Natural disaster- typically natural disasters, are such environmental
phenomena as earthquakes, volcanic eruptions, tornadoes and hurricanes,
floods, landslides, tsunamis, storms, and droughts that threaten life, property,
and the environment itself.
2. Technological crisis- are caused by human application of science and
technology. Technological accidents inevitably occur when technology becomes
complex and coupled and something goes wrong in the system as a whole
(Technological breakdowns). Some technological crises occur when human error
causes disruptions (Human breakdowns). People tend to assign blame for a
technological disaster because technology is subject to human manipulation
whereas they do not hold anyone responsible for natural disaster. When an
accident creates significant environmental damage, the crisis is categorized as
mega damage. Samples include software failures, industrial accidents, and oil
spills. Examples: Chernobyl disaster, Exxon Valdez oil spill, Heartbleed security
bug
3. Confrontation- occur when discontented individuals and/or groups fight
businesses, government, and various interest groups to win acceptance of their
demands and expectations. The common type of confrontation crisis is boycotts,
and other types are picketing, sit-ins, ultimatums to those in authority, blockade
or occupation of buildings, and resisting or disobeying police.
4. Malevolence- An organization faces a crisis of malevolence when opponents
or miscreant individuals use criminal means or other extreme tactics for the
purpose of expressing hostility or anger toward, or seeking gain from, a
company, country, or economic system, perhaps with the aim of destabilizing or
destroying it. Sample crises include product tampering, kidnapping, malicious
rumors, terrorism, cybercrime and espionage. Example: Chicago Tylenol
murders
5. Organizational Misdeeds- Crises occur when management takes actions it

knows will harm or place stakeholders at risk for harm without adequate
precautions.
Lerbinger specified three different types of crises of organizational misdeeds:
crises of skewed management values- are caused when managers favor
short-term economic gain and neglect broader social values and
stakeholders other than investors.
crises of deception- occur when management conceals or misrepresents
information about itself and its products in its dealing with consumers and
others.
crises of management misconduct- Some crises are caused not only by
skewed values and deception but deliberate amorality and illegality.
6. Workplace Violence- Crises occur when an employee or former employee
commits violence against other employees on organizational grounds.
Example: Rumors False information about an organization or its products creates
crises hurting the organization's reputation. Sample is linking the organization to
radical groups or stories that their products are contaminated. Example: Procter
& Gamble logo myth
7. Terrorist attacks/man-made disasters- These occur when the crisis was
triggered by people, for example global financial crises, transportation accidents,
massive destruction.
DISTINCTION OF CRISIS AND INCIDENTS
What is the difference between Incident and Crisis Management?
How often have you heard a colleague say, “There’s a crisis in the office,” only
for you to find out it was just a temporary internet connectivity issue? In everyday
business, small incidents can occur at any time and are unavoidable. And when
such incidents occur, companies have to act swiftly to assess and respond to the
situation. Failure to manage small incidents could turn them into crises.
The words ‘incident’ and ‘crisis’ are used interchangeably often, but they are as
different as dusk and dawn.
How does an incident differ from a crisis?
The difference between an incident and a crisis is hard to understand. That is the
reason why organizations must clearly define which events should be considered
incidents or crises. It helps to solve them with clear resolution strategies.
What is an incident?
An incident is a situation that is on a small scale initially and could lead to a crisis
that might result in loss or disruption of business. Incidents disturb the everyday
operations and business processes – power failure, slow WiFi connectivity, a
computer crash, a jammed printer, a website crash, and other such situations.
Incidents are typically on a smaller scale and can be managed tactically with
quick actions. These could be pre-prepared.
What is a crisis?
A crisis is a situation that is bigger and more serious compared to an incident. A
crisis can pose higher uncertainty and disturb critical activities. It could arise from
incidents that are left unresolved or not resolved properly. Crises are typically
more massive and require severe and strategic intervention – a serious cyber-
attack and data breach, theft of business assets, financial scams, or other such
happenings that can put a company’s stability at risk. A crisis, most often,
requires urgent and strategic action.
Incidents can turn into crises
As discussed above, incidents are mostly of a smaller magnitude compared to
crises. They require quick responses. A sequence of incidents occurring one
after the other, or one incident leading to the next, could turn into a crisis.
Moreover, an incident that is not tackled properly could turn into a crisis.
What is Crisis?
A sudden and unexpected event leading to major unrest amongst the
individuals at the workplace is called as organization crisis. In other words, crisis
is defined as any emergency situation which disturbs the employees as well as
leads to instability in the organization. Crisis affects an individual, group,
organization or society on the whole.
THE CONCEPT AND IMPORTANCE OF CRISIS MANAGEMENT
Characteristics of Crisis
Crisis is a sequence of sudden disturbing events harming the
organization.
Crisis generally arises on a short notice.
Crisis triggers a feeling of fear and threat amongst the individuals.
Why Crisis?
Crisis can arise in an organization due to any of the following reasons:
Technological failure and Breakdown of machines lead to crisis. Problems
in internet, corruption in the software, errors in passwords all result in
crisis.
Crisis arises when employees do not agree to each other and fight
amongst themselves. Crisis arises as a result of boycott, strikes for
indefinite periods, disputes and so on.
Violence, thefts and terrorism at the workplace result in organization crisis.
Neglecting minor issues in the beginning can lead to major crisis and a
situation of uncertainty at the work place. The management must have
complete control on its employees and should not adopt a casual attitude
at work.
Illegal behaviors such as accepting bribes, frauds, data or information
tampering all lead to organization crisis.
Crisis arises when organization fails to pay its creditors and declares itself
a bankrupt organization.
CRISIS MANAGEMENT
The art of dealing with sudden and unexpected events which disturbs the
employees, organization as well as external clients refers to Crisis Management.
The process of handling unexpected and sudden changes in organization culture
is called as crisis management.
Need for Crisis Management
Crisis Management prepares the individuals to face unexpected developments
and adverse conditions in the organization with courage and determination.
Employees adjust well to the sudden changes in the organization.
Employees can understand and analyze the causes of crisis and cope with it in
the best possible way.
Crisis Management helps the managers to devise strategies to come out of
uncertain conditions and also decide on the future course of action.
Crisis Management helps the managers to feel the early signs of crisis, warn the
employees against the aftermaths and take necessary precautions for the same.
Essential Features of Crisis Management
Crisis Management includes activities and processes which help the
managers as well as employees to analyze and understand events which
might lead to crisis and uncertainty in the organization.
Crisis Management enables the managers and employees to respond
effectively to changes in the organization culture.
It consists of effective coordination amongst the departments to overcome
emergency situations.
Employees at the time of crisis must communicate effectively with each other
and try their level best to overcome tough times. Points to keep in mind during
crisis
Don’t panic or spread rumors around. Be patient.
At the time of crisis, the management should be in regular touch with the
employees, external clients, stake holders as well as media.
Avoid being too rigid. One should adapt well to changes and new situations.
CRISIS MANAGEMENT CHARTER
HIERARCHY OF MANAGEMENT
Why is this
important?
Forms a clear
guiding pillar to
Crisis
Management Team (CMT) members when situation gets challenged, with
team under pressure to respond, and outside influence dictates…
priorities sometimes becomes not so obvious.
Crisis Management Team (CMT)
Unlike Emergency Response Team (ERT) members, the Crisis Management
Team (CMT) members do not usually go on duty rosters. Crisis are usually
few and far apart and there is usually more time before an event or activity
be declared a Crisis.
Members of the CMT would usually have an alternate substitute, which is

trained, conversant and competent member of the CMT.
Composition of Crisis Management Team

Patrol officers
Responsibilities:
Responds to the crime scene, confirms situation, evacuates injured and
the threatened, evaluates situation, establishes outer perimeter, gathers
intelligence, and identifies command post.
Commander
Responsibilities:
Manager, controller, overall decision- maker, and delegate’s authority for
perimeters, negotiations, tactical planning, support elements, logistics and
media relations.
Assistant commander
Responsibilities:
Performs delegated duties, i.e., tactical planning, perimeters, negotiations,
support elements, and media relations, and keeps commander informed at
all times.
Emergency services teams
Responsibilities:
Reconnaissance, arrest, counter-sniper, isolations, evacuation, placement
of electronic devices, assault and rescue, delivery of non-metal
ammunitions, delivery of negotiated items, protection of negotiators, fire
suppression, illumination, and crime scene preservation
Negotiator
Responsibilities
Primary communicator with perpetrator, coaches, chronographers,
messengers, radio operators and intelligence officer.
Communication Specialist
Responsibilities
Sets up and monitors communication equipment’s, monitors surveillance
equipment, maintains equipment’s, maintain advance command post, and
maintain liaison with telephone companies.
Tactical squad personnel
Responsibilities
Containment teams, isolation teams, observation teams, security teams,
and support teams to emergency services team.
Combat Photographers
Responsibilities
Gather tactical intelligence, record and preserve evidence
Staff psychologist
Responsibilities
Interprets negotiations, monitors stress levels, forecast possible actions,

evaluates negotiators performance, recommend strategies for negotiators,
provides mental health care for members, and assists in emergency
commitment.
Aerial support Crew
Responsibilities
Aerial surveillance, evacuation services and transportation.
Public Information Officer
Responsibilities
Issues media briefings, monitors media activities, monitors community
sentiments, maintain liaison with media, and issues press releases.
Investigator
Responsibilities
Gather evidence, provide intelligence, interview witnesses, interview
perpetrators, and prepare criminal charges.
Explosive ordinance Personnel
Responsibilities
Advise emergency services teams on Improvised Explosives Devices
(IED), advice negotiator, gather intelligence, and gather evidence.
CRISIS MANAGEMENT PRINCIPLES
Ensure adequate and proactive management focus on issue/incident/emergency •
Alert Crisis Management Team (CMT) members early of potential Crisis
Ensure clear leadership, hence ownership.
Ensure clear objectives and all CMT members are working towards this objective
Ensure CMT members roles and responsibilities are clearly defined
Established clear communication protocol (how, where, when, who) and best/reliable
available sources of information on the situation
Identify all possible escalation triggers and mitigation options
Assess potential financial and reputation impact of ‘worst-case’ and develop
contingency plans
Be proactive on communication material and have them ready
Identify and have trained spokesman ready
Ensure effective and efficient sharing of key information with CMT members and
relevant personnel
CRISIS PREPAREDNESS
Crisis plans are tested, in-place must be in place and are reviewed
minimum, annually
CMT members understands and is conversant with the Crisis Plans and
Procedures and checklist.
CMT members knows roles and responsibilities; and accountabilities are

clear and tested
CMT and them designates are trained, competent and are confident to
undertake task assigned
Crisis Management Centre (CMC) is owned, maintained and fit-for-
purpose.
Crisis triggers are clearly identified and triggering protocol established and
tested.
CRISIS AND INCIDENT PREVENTIVE MEASURES
Pre-incident planning follows the phases of an incident, as illustrated below:
This guidance note is in four sections:

Prevention planning: those arrangements needed to limit the possibility of untoward
events happening.
Pre-incident planning: preparations for mitigating likelihood and severity of an
incident
Emergency response: the measures needed to ensure a rapid and appropriate
response to an emergency
The preparation of a post incident recovery plan, to return to “research-as-usual”.
The diagram above illustrates the concept on which plans may be formulated:
The planning activity takes place before an incident. This is the preparation of a
Research Continuity Plan, and includes both planning and testing.
As soon as an incident occurs then an emergency response is made.
Concurrent with this is a crisis management response by the organization locally and
with head office support, for example the issuing of press statements in
conjunction with the site affected.
Also initiated concurrently is the recovery of the building, people and processes
necessary to regain Research as Usual (RAU).
The time scale is arbitrary and the time taken to regain normal working will vary from
days to months.
Prevention Planning
Time spent in preparing emergency and recovery plans will be well rewarded
should your establishment face a potentially harmful unexpected event.
However, prevention is better than a cure, and resource invested in preventing
disruption can help maximize productivity.
Prevention Planning could include:
Suitable Health and Safety, Security and Fire measures that
prevent incidents. Such measures should include assessment
and control of risk; reporting, investigation and correction of
non-conformances
Suitable IT security to prevent malicious outages; suitable
redundancy to prevent routine outages
Suitable security measures for staff, visitors and contractors, as
well as for incoming packages and mail
Establishing "housekeeping" rules that will minimize operational
risk, e.g. clear corridors, safe storage of hazardous materials
including waste
Supplier selection during the procurement process to minimize
supply chain risk
♦ Planned preventative maintenance to ensure vital equipment
and facilities are in good order and serviced/maintained
according to manufacturer's instructions or to accepted best
practice
Awareness training ensuring that all staff are proactive in
highlighting areas of improvement in management systems
There will also be a need to ensure that regular checks are made of systems to
ensure that up to date information is held. A template is shown below of
examples of such checks that may be made on a rolling programme to help with
pre-incident planning.
Pre-incident planning
In the pre-incident planning stage, those facilities and procedures that will reduce
the risk (likelihood and severity) of a failure or emergency are identified and put
into place. This allows the organization to maintain a state of “readiness” to
respond to disruptions.
♦ Ensuring all emergency equipment is suitable and in good working

order
♦ Ensuring staff understand potential risks and know how to deal with
them through suitable training programmes, exercises and rehearsals,
e.g. fire safety training and dealing with telephone, bomb and similar
threats, evacuations and drills
♦ Ensure staff contact lists are up-to-date, and communication systems
are in working order
♦ Third parties (e.g. neighbours, local planning offices, emergency
services and response contractors) should be regularly contacted to
ensure continuity of relationship, and their potential response known
and accounted for
Ensure suitable insurance is in place, and in lieu of insurance, potential
♦ liabilities should be known, and appointed loss adjusters should be
known
♦Press statements and media training can be prepared in advance
♦Post-incident counselling and staff welfare facilities should be in place
Emergency Response Planning
Foreseeable events such as fire, bomb or other security threats should be
included in these plans. Detailed guidance for fire safety management is dealt
with in the MRC "Fire Safety" Policy and Guidance. Detailed guidance for
security management is dealt with in the MRC "Security" Policy and Guidance.
Establishments should have plans for reacting to an emergency, for example:

♦ An incident or threat occurring during normal hours.
♦ An incident or threat occurring out of normal hours.

♦ Evacuating the building (to primary and secondary
assembly/muster points) and ensuring the safety of personnel
♦ The first steps to take such as contacting host institute, regional
MRC administration and head office
♦ Foreseeable disruption scenarios, such as loss of staff (e.g.
pandemic, inclement weather), denial of access (e.g.
protest/roadworks), loss of utility (e.g. power, water), fire/flood,
Malicious event (e.g. bomb/white powder incident), loss of key
supply (e.g. diet/bedding, cryogen)
For further information on emergency planning, please see Guidance Note 6 of
the MRC Security Policy and Guidance.
Recovery Planning
Recovery planning should assist with returning to business as usual after an
incident. Typical considerations for recovery planning should include:
Third-party assistance for salvage, clean-up and document recovery

Third party assistance for completing work back-logs
Overtime arrangements for completing work back-logs
Procedures for mobilizing additional resources and funds to return to normal
operation

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CRIM 6- DISPUTE RESOLUTION AND CRISIS /INCIDENTS MANAGEMENT

Module 1- Concept of Conflict

Accommodating might take the form of selfless generosity or charity, obeying

Conflict Resolution Strategy #4: Collaborating

MODULE 2- ALTERNATIVE DISPUTE RESOLUTION (ADR)

REPUBLIC ACT NO. 9285

What is Early Neutral Evaluation?

The Office for Alternative Dispute Resolution (OADR) is as an agency attached

ADR programs and secure information about their respective

There is also created an Advisory Council composed of a representative from

What are the Terms Applicable to the Segment/Discussion on International

Court-Annexed Mediation means mediation process conducted under the

A party may petition a court before which an action is prematurely brought in a

If the mediator is unable to provide effective services;

ETHICAL CONDUCT OF A MEDIATOR

The articles to be considered in the conduct of Mediation are the following:

ENFORCEMENT OF MEDIATED SETTLEMENT AGREEMENT

Confidential information shall not be subject to discovery and shall be

proceeding and it is necessary for the person prejudiced to respond to the

As a Rule, NO. A mediator may not make a report, assessment, evaluation,

MODULE IV- INTERNATIONAL COMMERCIAL ARBITRATION

International commercial arbitration shall be governed by the Model

May the right to object be waived?

telecommunication which provide a record of the agreement, or in an exchange

When a person is approached in connection with his/her possible

reconsideration or appeal. While such a request is pending, the arbitral

CONDUCT OF ARBITRAL PROCEEDINGS

any party’s fails to appear at a hearing or to produce documentary

Recourse to a court against an arbitral award may be made only by

The Rules on recognition and enforcement are as follows:

Recognition or enforcement of an arbitral award, made in a state, which is a party

WITH RESPECT TO NON-CONVENTION AWARD

cannot be recognized and/or enforced but may be deemed as

Yes. The implementing rules expressly provide that it is without prejudice to

MODULE 5- DOMESTIC ARBITRATION

Court means, unless otherwise specified in these Rules, a Regional Trial

transmission or by such other means that will provide a record of the

the agreement, or in an exchange of statements of claim and defense in which

Any person appointed to serve as an arbitrator must be of legal age, in full

an impartial arbitrator, the arbitrator shall immediately disclose such

When a demand for arbitration made by a party to a dispute is objected to

shall not be limited to preliminary injunction directed against a party, appointment

On Determination of Rules of Procedure

If the arbitration agreement provides for the appointment of a sole

If the arbitration agreement provides for the establishment of an arbitral

applicable rules of procedure of the arbitration institution shall be followed.

The order either granting or denying an application for interim relief

When should the Arbitral issue an order of termination?

Article 5.33. Correction and Interpretation of Award, Additional Award.

(Article 5.1., IRR, RA 9285)

Arbitration means a voluntary dispute resolution process in which one or more

Arbitration Agreement means agreement by the parties to submit to

Record means information written on a tangible medium or stored in an

MODULE 6- ARBITRATION LAW (REPUBLIC ACT NO. 876

as provided by Commonwealth Act Numbered One hundred and three, as

Where there was an evident miscalculation of figures, or an evident

may be enforced as if it had been rendered in the court in which it is entered.

MODULE 7- KATARUNGANG PAMBARANGAY LAW

responsibilities and resources; and provide for the qualifications, election,

administering justice, advancing human rights protection and resolving and/or