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SEC. 6. Exception to the Application of this Act. - The provisions of this Act shall not apply to
resolution or settlement of the following:
(a) 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;
(b) the civil status of persons;
(c) the validity of a marriage;
(d) any ground for legal separation;
(e) the jurisdiction of courts;
(f) future legitime;
(g) criminal liability; and
(h) those which by law cannot be compromised.
2. b. No. The case should not be dismissed. In the instant case, Wilson did not comply
with the terms and conditions of the agreement. Such non-compliance may be
construed as repudiation because it denotes that the respondent did not intend to be
bound by the terms thereof, thereby negating the very purpose for which it was
executed. The case will be returned to the branch that ruled on the applications for the
trial proper and up to judgment.
3. b. It means an ADR process wherein parties and their lawyers are brought together in
an early in a pre-trial phase to present summaries of their cases and receive a non-
binding assessment by an experienced, neutral person, with expertise
in the subject in the substance of the dispute.
4. a. Yes, Omar can be charged with conspiracy to commit rebellion. Under the law,
mediation communication which is internationally used to plan a crime, attempt to
commit, or commit a crime, or conceal an ongoing crime or criminal activity does not
merit a privilege against disclosure. As the admission of Omar reveals a plan to commit
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a crime during the mediation does not warrant a privilege against disclosure, the
Prosecutor may then charge Omar with conspiracy to commit rebellion.
CONDIDENTIALITY OF INFORMATION
Q: May the modes of discovery under the rules of court be availed of to obtain information
disclosed in mediation proceedings?
A: Confidential Information shall not be subject to discovery and shall be inadmissible if any
adversarial proceeding, whether judicial or quasijudicial, 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.
EXCEPTIONS:
(a) There is no privilege against disclosure under Section 9 if mediation communication is:
a. in an agreement evidenced by a record authenticated by all parties to the agreement;
b. available to the public or that is made during a session of a mediation which is open, or is
required by law to be open, to the public;
c. a threat or statement of a plan to inflict bodily injury or commit a crime of violence;
d. internationally used to plan a crime, attempt to commit, or commit a crime, or conceal an
ongoing crime or criminal activity;
e. 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;
XPN to the XPN: This exception does not apply where a child protection matter is referred to
mediation by a court or a public agency participates in the child protection mediation;
(b) There is no privilege 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 confidentiality, and the
mediation communication is sought or offered in:
a. a court proceeding involving a crime or felony; or
b. 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.
4. b. "Appointing Authority" as used in the Model Law shall mean the person or institution
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named in the arbitration agreement as the appointing authority; or the regular
arbitration 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 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 duly authorized representative.
Discuss the three (3) Stages of Court Diversion in connection with Alternative Dispute
Resolution. (5%)
SUGGESTED ANSWER: The three stages of diversion are Court-Annexed Mediation (CAM),
Judicial Dispute Resolution, and Appeals Court Mediation (ACM). During CAM, the judge
refers the parties to the Philippine Mediation Center (PMC) for the mediation of their dispute
by trained and accredited mediators. If CAM fails, the JDR is undertaken by the JDR judge,
acting as a mediator-conciliator-early neutral evaluator. The third case is during appeal, where
covered cases are referred to ACM.