ALTERNATIVE DISPUTE RESOLUTION COURSE OUTLINE

PROFESSORS : Atty, Roque Paloma, Jr Atty. Josh Carol T. Ventura

CONTENT ACTIVITIES TIMETABLE EVALUATION ASSIGNMENT & REFERENCE Section 3 (a) of the Alternative Dispute Resolution Act of 2004 or Republic Act No. 9285 See the following web site www.supremecourt.gov.ph

Introduction What is Alternative Dispute Resolution? Overview of the Philippine Judicial System Filing of Lawsuits (Civil and Criminal Actions)

To be taken-up within Prelim Period and before Mid-term Examination Period. A combination of the following activities shall be done for each of the different content items whenever applicable and deemed more A combination of the following evaluation methods shall be done for the different content items whenever applicable and deemed more effective:

Why is there a need for Alternative Dispute Resolution? Historical Background Court Delays Settlement of Disputes in the Philippines Conflict Resolution, Filipino Style Legal Miseducation

To be taken-up within Prelim Period and before Mid-term Examination Period.

Alternative dispute Resolution: Effective Tool in Settlement of Business Dispute by Justice Myrna Dimaranan Vidal (Excerpts of the lecture delivered during the Chamber-to-Chamber II-Dialogues with the Business Sector and Integration of Mediation in business on 29 March 2005 at the Xavier Sports and Country Club,

Filipino Conflict Management Barangay (Village) Justice Labor Arbitration Construction Arbitration Consumer Arbitration Matrimonial Mediation Corporate Arbitration Partnership Arbitration Administrative Arbitration Environmental Mediation Executive Arbitration Foreign Arbitration Foreign Arbitration Banking Arbitration Mining Arbitration Maritime Arbitration Insurance Arbitration Intellectual Property Arbitration Securities Arbitration

effective: Lectures; Class discussion with an assigned discussant; Case study analysis; Question and answer; Arbitration and/or Mediation Center visits and actual observatio n of arbitration and mediation process.

Oral recitation; Written examination; Submission of written reports.

Cagayan de Oro City. An electronic copy of the said publication may be downloaded from the following web site: www.supremecourt.gov.ph Secs. 399 to 422 of the Local Government Code Supreme Court Annual Report 2005. An electronic copy of the said publication may be downloaded from the following web site: www.supremecourt.gov.ph Benchmark Online July 2006 Article by Chief Justice Reynato S. Puno. An electronic copy of the said publication may be downloaded from the following web site: http://www.supremecourt.gov.ph/p ublications/benchmark/2006/07/07 0606.php The Law on Alternative Dispute Resolution Private Justice in the Philippines by Jim V. Lopez, Philippine Copyright, 2004.

Published by Rex Printing Company, Inc., 84 P. Florentino St. Quezon City. What are the Legal Basis for Alternative Dispute Resolution? Constitution The Supreme Court to promulgate rules that shall provide a simplified and inexpensive procedure for the speedy disposition of cases. Statutes Alternative Dispute Resolution Act of 2004 or Republic Act No. 9285 The Arbitration Law or Republic Act No. 876 Construction Industry Arbitration Law or Executive Order No. 1008 Executive Order No. 523, Series of 2006 Rules of Court Section 6 (a) of Rule 18 of the Rules of Court Supreme Court Resolution A.M. No. 01-10-5-SC-PHILJA, October To be taken-up after Mid-term Examination Period and before Final Examination Period. Section 5 of Article VIII of the 1987 Constitution of the Republic of the Philippines Alternative Dispute Resolution Act of 2004 or Republic Act No. 9285 The Arbitration Law or Republic Act No. 876 Construction Industry Arbitration Law or Executive Order No. 1008 Executive Order No. 523, Series of 2006 Section 6 (a) of Rule 18 of the Rules of Court Supreme Court Resolution A.M. No. 01-10-5-SC-PHILJA, October 16, 2001, specifically the second Revised Guidelines for the Implementation of Mediation Proceedings.

16, 2001, specifically the second Revised Guidelines for the Implementation of Mediation Proceedings. Supreme Court Resolution A.M. No. 04-3-15-SC-PHILJA, March 23, 2004, specifically Resolution No. 02-04 thereof on the Implementing Rules and Regulations on Mediation in the Trial Courts. Treaties Convention on the Recognition of Enforcement of Foreign Arbitral Awards (New York Convention, 1958) Convention on the Settlement on Investment Disputes Between States and Nationals of Other States (Washington Convention, 1966) UNICITRAL Model Law on International Commercial Arbitration Jurisprudence Heirs of Augusto Salas vs. Laperal Realty Corp, GR No. 135362,Dec. 13, 1999 Del Monte Corp-USA vs. CA(351 SCRA 373,381

Supreme Court Resolution A.M. No. 04-3-15-SC-PHILJA, March 23, 2004, specifically Resolution No. 02-04 thereof on the Implementing Rules and Regulations on Mediation in the Trial Courts. Convention on the Recognition of Enforcement of Foreign Arbitral Awards (New York Convention, 1958) Convention on the Settlement on Investment Disputes Between States and Nationals of Other States (Washington Convention, 1966) UNICITRAL Model Law on International Commercial Arbitration Heirs of Augusto Salas vs. Laperal Realty Corp, GR No. 135362,Dec. 13, 1999 Del Monte Corp-USA vs. CA(351 SCRA 373,381 National Steel Corp vs. The RTC of Lanao del Norte, Branch 2,

National Steel Corp vs. The RTC of Lanao del Norte, Branch 2, Iligan City, GR No. 127004, 11 Mar. 1999 Asset Privatization Trust vs. CA , GR No. 121171, 29 December 1998 NATIONAL IRRIGATION ADMINISTRATION (NIA), petitioner, vs. HONORABLE COURT OF APPEALS (4th Division), CONSTRUCTION INDUSTRY ARBITRATION COMMISSION, and HYDRO RESOURCES CONTRACTORS CORPORATION, respondents, G.R. No. 129169. November 17, 1999 Agan vs. Phil. Intl Air Terminals Co., Inc,(PIATCO), GR No. 155001, 5 May 2003 LM POWER ENGINEERING CORPORATION, petitioner, vs. CAPITOL INDUSTRIAL CONSTRUCTION GROUPS, INC., respondent., G.R. No. 141833. March 26, 2003

Iligan City, GR No. 127004, 11 Mar. 1999 Asset Privatization Trust vs. CA , GR No. 121171, 29 December 1998 Agan vs. Phil. Intl Air Terminals Co., Inc,(PIATCO), GR No. 155001, 5 May 2003 LM POWER ENGINEERING CORPORATION, petitioner, vs. CAPITOL INDUSTRIAL CONSTRUCTION GROUPS, INC., respondent., G.R. No. 141833. March 26, 2003 NATIONAL IRRIGATION ADMINISTRATION (NIA), petitioner, vs. HONORABLE COURT OF APPEALS (4th Division), CONSTRUCTION INDUSTRY ARBITRATION COMMISSION, and HYDRO RESOURCES CONTRACTORS CORPORATION, respondents, G.R. No. 129169. November 17, 1999 Charles Bernard H. Reyes vs. Antonio Yulo Balde II, GR No.

Charles Bernard H. Reyes vs. Antonio Yulo Balde II, GR No. 168384, 7 August 2006 -

168384, 7 August 2006

RECOMMENDED TEXT BOOK : The Law on Alternative Dispute Resolution Private Justice in the Philippines by Jim V. Lopez, Philippine Copyright, 2004. Published by Rex Printing Company, Inc., 84 P. Florentino St. Quezon City.