ALTERNATIVE DISPUTE RESOLUTION

SUNDAY 8:00AM 10:00AM

ATTY. DAVID BALLESTEROS
GROUP NO. 1
MEMBERS
Magistrado, Emmanuel
Mateo, Mark Anthony
Tirana, Redentor
Bumagat, Joan Don
Pantonal, Cynthia
CHAPTER I : INTRODUCTION ON ALTERNATIVE DISPUTE RESOLUTION
1 Historical Note Judicial and Legislative trends on dispute resolution
consistently lean towards the utilization of alternative means and
methods implemented outside the court trial system.
a August 30, 1950 effectivity of Civil Code of the Philippines
contains provisions on Compromise and Arbitration which
encourage litigants to agree upon a fair compromise and
authorized as a means of concluding controversies
b June 19, 1953 - Philippine legislature enacted Republic Act No.
876 The Arbitration Law which supplemented the provisions of
the New Civil Code on Arbitration
c May 10, 1965 Philippine Senate passed the Resolution No. 71
adhering to the United Nations Convention on the Recognition
and Enforcement of Foreign Arbitral Awards of June 10, 1958
d June 21, 1965 - Philippines was a signatory to the United Nations
Commission on International Trade Law (UNCITRAL) Model Law
on International Commercial Arbitration
2 Judiciarys Action
a Supreme Court passed the Administrative issuances encouraging
the use of Alternative Dispute Resolution (ADR) through
Philippine Mediation Center or through Judicial dispute resolution
as Judiciarys response to the problems of delay in the delivery of
justice
b ADR methods encouraged by the Supreme Court
i Arbitration wave of the future in international civil and
commercial disputes
ii Mediation
iii Negotiation
iv Reconciliation
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3 Legislative Action
Special domestic legislation have been passed to decongest court
dockets:
a Labor Code of the Philippines creation of NLRC
b Local Government Code of the Philippines
i requires conciliation, mediation or arbitration in the
barangay level
ii PD 1508 Establishing a System of Amicable Settling
Disputes at the Barangay Level
4 Executive Branchs Contribution
Executive Branch contribution in the propagation of ADR:
a Construction Agreements:
i Construction Industry Arbitration Commission (CIAC)
ii Executive Order 1008 Construction Industry Arbitration
Law
b On August 23, 1988, the Rules on ADR for Disputes between
National Government Agencies was approved and promulgated
by CIAC
c March 22, 2010, through Solicitor General, enacted the Rules
on Alternative Dispute Resolution for Disputed Between National
Government agencies
5 The Alternative Dispute Resolution Act of 2004
a February 4, 2004, Senate bill 2691 & House bill No. 5654 were
consolidated and enacted as the first comprehensive ADR law in
the Philippines
b Supreme Court enumerated and explained the salient feature of
RA 9285 An Act to Institutionalize the Use of Alternative Dispute
Resolution System in the Philippines and to Establish the Office
for Alternative Dispute Resolution and for Other Purposes,
applying an incorporating the UNCITRAL Model, namely:
i The RTC must refer to arbitration in proper cases
ii Foreign arbitral awards must be confirmed by the RTC
iii The RTC has jurisdiction to review foreign arbitral awards
iv Grounds for judicial review different in domestic and
foreign arbitral awards
v RTC decision of assailed foreign arbitral award appealable
6 The Lawyers Role
a Assist the courts in encouraging the parties to avail of alternative
means of dispute resolution
b Explain the benefits of ADR system to the clients
c Play the role of ADR practitioner
d Expected to exert genuine and sincere efforts at bringing the
parties to a settlement within the scope of their authority
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e Have to perform their functions in good faith with no motive

except that of securing the parties a speedy, inexpensive and
amicable settlement of their dispute