Professional Documents
Culture Documents
Corporation
arbitration binding?
on
installment
basis.
By
virtue
thereof,
entered
into
Agreement with
an Owner-Contractor
Respondent
Laperal
Realty
Said
agreement
contains
an
arbitration
clause, to wit:
Accounting
and
Damages against
Respondents.
Respondent Laperal Realty filed a Motion to
1.
One
representative
of
the
OWNER;
Article
VI
of
the Owner-Contractor
and
Joint Answer
Respondent
with
Dacillo
Counterclaim
filed
a
and
pg. 1
dismissing
non-
Petitioners
Complaint
for
ISSUE:
contract
[of
arbitration]
shall
be
valid,
pg. 2
contract.
arbitration
agreements
as
valid,
binding,
with,
the
trial
court
should
suspend
the
in
a step backward.
RATIO DECIDENDI:
pg. 3
dispute
resolution.
To
brush
aside
as
Act
their
assigns
and
heirs.
But
only
No.
876 is
without
merit.
For
while
by the Agreement.
If Respondent Laperal
provision
since
assignment
involves
such
However,
FACTS:
Patent,
processors including
Philippine
Letters
Patent,
Respondent
and
an
Philippine
pg. 4
Petition,
the
Respondent
tuna
processors,
KINGFORD,
including
withdrew
from
award?
with RA
Awards drafted
Conference
inhibited
himself
[t]he
unfounded
allegations
unsubstantiated
to sue.
Respondent
notwithstanding
and
KINGFORDSs Motion
No.
9285
during
on
(Alternative
the
United
International
Dispute
Nations
Commercial
for
RULING:
business
Philippines.
in
the
Philippines,
may
seek
pg. 5
award is concerned.
SET ASIDE.
or
that:
was made;
a. The subject matter of the difference is not
b. The party against whom the award is invoked
pg. 6
country.
the
Court
Philippine
of the award.
itself to arbitration, it
was promulgated
by the
Supreme
Court,
other
courts.
When
party
enters
the
to
the
parties
before
the
sued.
but
because Republic
Act No.
pg. 7
Inc.
FACTS:
pg. 8
contained
was,
therefore,
effectively
incorporated
in
in
the Deed
of
follows:
or
until
the
th
25 of
May
2000;
twenty-five
(25)
years
is
P40,126.00
perannum.
The 2000 Lease Contract also contained an
arbitration clause enforceable in the event the
The Deed of Donation also stipulated that the
parties
lease.
come
to
disagreement
about
the
fixed
reiterated
of
the
provisions
of
the Deed
rent,
however,
pg. 9
the 2005
Lease
2005Lease Contract.
Page number 10
land,
as
stated
in
the Deed
of
[FKI
and
Respondent]. (Emphasis
supplied)
According
to
Petitioner,
the Deed
of
Deed
of
of
Donation and
the 2005
Lease
not
fixed
in
the Deed
of
nevertheless
limitations
by
prescribed
which
the
same
rules
and
may
be
observed
in
any
succeeding
lease
pg. 10
City
Cancellation
improvements.
11
On
a Complaint
for
the
of
October
2009,
Rescission
or
the Deed
of
Deed
Respondent
of
filed
Lease
Lease
reiterated
prescribed
in
the Deed
its
objection
over
the
rental
of
then
sent Demand
Letters to
of
cancelling
the 2005
Lease
dispute
is
subject
to
arbitration,
it
pg. 11
Contract while,
at
the
same
time,
Page number 12
ARGUMENTS:
such
arbitration
clause
between
the
4. Petitioner
and
Respondent
already
fulfills
this case.
legal
in
nature
and
require
the
prime
purpose
of
the
RULING:YES.
None
of
the
above-
the
significance
arbitration
clause
of
the
incorporated
in
pg. 12
RATIO DECIDENDI:
Contract
and
in
the
1976
arbitration
clause
of
Page number 13
The
the 2005
Lease
Respondent
falls
within
the
all-
that in
the
arbitration
of
such
of
Arbitrators
Geosciences
cognizance of.
pg. 13
Bureau
of
the
(PA-MGB)
Mines
and
can
take
occupants,
concessionaires
claimholders
requiring
the
or
technical
the
pronouncement
discussion.Arbitration
before
the
now
in
Panel
of
particular
knowledge
and
expertise
or
validity
of
such
contract or
be
subject
of
arbitration
pg. 14
Page number 14
the
complaint
15
for
Trading,
Inc [2011].
In Cargill,
SC
Second.
arbitration
Petitioner
clause
may
of
still
invoke
the 2005
the
Lease
The
respondent
in Cargill argued
arbitrability.
held:Respondent
Thus,
SC
arbitration clause.
pg. 15
16
pending suit.
Section 24 of R.A. No. 9285 reads:
(B) Submission agreement. If there is no
existing arbitration agreement at the time the
SEC. 24. Referral to Arbitration. A court before
italics original]
arbitration agreement.
arbitration agreement.
ADR Rules):
The request shall contain a notice of hearing
RULE 4: REFERRAL TO ADR
or
in
submission
pg. 16
of mediation,
agreement.
with
Counterclaim,
had
already
clause
in
the 2005
Lease
conciliation or early
neutral
17
Fourth.
The
fact
that
the
Petitioner
and
pg. 17
auspices,
in
more
informal
and
less
18
[Emphasis supplied]
R.A. No. 9285
agreement
is
null
and
void,
pg. 18
with
the
suspended
the
Counterclaimthe
at
said
point
point.
when
Inevitably,
19
2008.
Mabunay
required Performance
also
submitted
the
Bond issued
by
P8.4M.
FACTS:
Petitioner J Plus Asia Development Corporation
and
Martin
aConstruction
E.
Mabunay
Agreement on
entered
into
December
24,
contract
Mabunay and
demands
went
and
sent Demand
Respondent
unheeded,
Letters to
surety.
As its
Petitioner
filed
pg. 19
Respondent
argued
Bond merely
guaranteed
Mabunay
amount,
thePerformance
overpayment
20
that Page
thenumber
Performance
the
under
down
the Construction
Respondents
obligation
Bond had
to
20%
under
been
Mabunay,
fully
Respondent
legally
extinguished
by
Agreement whereby
Mabunay
and
Petitioner.
made
CIAC ruled
Awards
that
in
favor
Mabunay
of
had
Respondent
filed
in
the
CA
pg. 20
RATIO DECIDENDI:
SC holds that RA No. 9285 did not confer on
Page number 21
ISSUE:
Whether
or
not
the Alternative
Dispute
SEC. 40.
ARGUMENT:
Petitioner
contends
institutionalization
that
of
Confirmation
of
Award.
The
alternative
with
the
dispute
RULING:
NO. The Petitioners contention is without merit.
supplied.)
The
Petition
is
GRANTED.
The
assailed
The
Award
made
in
the
pg. 21
parties
involved
in
construction
in
the
22
on
questions
of
law,
which
are
of
the 1997
Rules
of
Civil
law.Petitioner
misread
the
NIA V CA
Does the Construction Industry Arbitration
Commission (CIAC) have jurisdiction over
construction contracts entered into between
parties before the creation of said Commission
in 1985?
When a construction contract contains an
arbitration clause, is it still necessary for the
parties thereto to agree to submit disputes
arising therefrom specifically to the CIAC for the
latter to acquire jurisdiction?
G.R. No. 129169 (November 17, 1999)
DAVIDE, JR., C.J.:
provisions
said
awards
are
therefore not
CIAC. The
Procedure
CIAC
Revised
Governing
Rules
of
Construction
FACTS:
In a competitive bidding held by Petitioner NIA,
Hydro
Resources
(HYDRO)
was
Contractors
Corporation
the
Multi-Purpose
Project.
The
contract
Respondent
HYDRO
substantially
pg. 22
ISSUE:
Page number 23
claim.
Petitioner
NIA
filed
ARGUMENTS:
disputes.
issued
the
Respondent HYDRO.
is not enough.
Later,
Petitioner
an
NIA
order
filed
which
a Motion
deferred
Injunction.
NIA,
the
CIAC
controversy.
pg. 23
has
jurisdiction
over
the
merit.
between
24 7
them Page
was number
filed on
arbitrate
EO No.
1008,
otherwise
known
as
on
contract
which
preceded
its
arisen
when
CIAC
was
already
HYDRO
anarbitration
and
Petitioner
NIA
clause wherein
they
pg. 24
as follows:
25
to
CIAC
An
construction
an
dispute
Jurisdiction
shall
be
deemed
proposed
panel,
participating
in
the
of
Reference
of
the
arbitration
by
Respondent
HYDRO
after
pg. 25
INDUSTRIAL
dispute?
equivalent
to
termination,
but
mere
PANGANIBAN, J.:
Petitioner and
26
completed by Petitioner.
Respondent
entered
into
to procure materials.
Hence,
this Petition
for
Review
on
ISSUES:
1. Whether
or
not
there
exists
and
That
Respondent
regarding
the
Respondent
alleging
that
filed
the
a Motion
to
Complaint was
pg. 26
1.
regarding
the
the
interpretation
or
27
RATIO DECIDENDI:
1.
disparities
between
the
parties
positions
conflict
amount
billable
Petitioners work.
x x x.
of
advances
and
as
regards
to
interpretation
and
2.
the
accomplishments,
RULING:
The
Petition
is
unmeritorious;
amount
of
advances
the
and
application
billable
of
the
set-off of expenses.
AFFIRMED.
reveals
1.
that
they
differ
on
the
following
interpretation
of
the
Subcontract Agreement:
provisions
of
in those areas.
2. May
2.
the
expenses
incurred
the
by
pg. 27
Energy
resolution
of
disputes,
especially
of
the
Corporation
(Philippines)
v.
Rosal
28
commercial
encouraging
resolution
construe
of arbitration.
methods,
disputes.
Brushing
alternative
courts
should
aside
dispute
liberally
2.
provides:
construction
dispute
shall
be
deemed
an
pg. 28