ADR Finals

FINAL TOPIC CHAPTER 18.
- SPECIFIC COURT RELIEF particularly

PETITION for ASSISTANCE in TAKING EVIDENCE (Rule 9 Special ADR
Rules)
(*) Reason for court intervention on arbitral tribunal particularly in taking evidence: We know
that in arbitration, being a merit-based kind of ADR, it requires presentation and proving
pieces of evidence during the arbitration proceeding. However, considering that the arbitral
tribunal has no coercive power, such that it cannot compel the person subpoenaed by it to
appear and testify, cannot compel a person in charge of the property to be inspected to allow
ocular inspection, and other evidence gathering where the arbitral tribunal finds hardships in
taking it - THEN: The remedy is the court (RTC) to intervene in taking evidence in behalf of the
arbitral tribunal in view of court's possession of coercive power such that a defiance of its order
could be meted out with sanction such as contempt of court
 (*) WHO can FILE the PETITION and WHEN TO FILE the same (Rule 9.1 and 9.2Special ADR
Rules)
Any of the arbitration parties (whether the arbitration is domestic or foreign [i.e.,
domestic/foreign/ICA/CIAC arbitration]) can file the Petition with RTC - AT: Any stage of the
arbitration proceedings (i.e., "anytime" that whenever there is defiance of the order of arbitral
tribunal purposes of taking evidence)
 (*) WHAT COURT to FILE and VENUE (Rule 9.3 Special ADR Rules)
The petitioner is filed with RTC, and its venue is at the option of the petitioner:
(1) Where the arbitration is taking place (i.e., venue of the arbitration in the Philippines); or
(2) Where the witness resides, or maybe found (Note: But witness must be in the Philippines
[see Rule 9.5 Special ADR Rules]); or
(3) Where the evidence (sought of) is found (e.g., where property to be subjected to ocular
inspection located in the Philippines [Rule 9.5 Special ADR Rules]; where the documents
sought of is found; etc.)
 (*) GROUND for the PETITION (Rule 9.4 Special ADR Rules)
The RTC may grant the Petition - PROVIDED: Within its competence in accordance with the
Rules on Evidence
Note: "Within RTC competence and in accordance with the Rules on Evidence" such that the
evidence sought must not be privileged/confidential under the ADRA and the Rules on
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Evidence, and that such evidence sought must be found in the Philippines [see Rule 9.5 Special
ADR Rules]
 (*) TYPES of ASISSTANCE that the RTC may GRANT (Rule 9.5 Special ADR Rules)
For the RTC to direct any person (including representative of
corporation/association/partnership/ other entity – other than the party to the arbitration or its
officers) - found in the Philippines, for the following:
(1) To comply with the subpoena (ad testficandum/duces tecum) issued by the arbitral
tribunal; or
(2) To appear as witness before the officer for the taking of his deposition (whether oral
examination or written interrogatories (i.e., deposition pending arbitration pursuant to Rule
24 ROC); or
(3) To allow the physical examination of the condition of persons, or to allow inspection of
things/properties/premises, - AND: To allow the recording and/or documentation of such
examination (e.g., photograph, video and other means of recording/documentation)
(4) To allow the examination and copying of documents; or
(5) To perform any similar acts (analogous instances)
 CONTENTS of the PETITION (Rule 9.6 Special ADR Rules)

The Petition shall state the following:
(1) That there is a pending arbitration proceedings - EVEN IF: The arbitral tribunal could not
continue due to some legal impediments
Notes (e.g., of legal impediments):
(a) Article 4.46 (e) DOJ IRR: Refers to advance payment by arbitration parties to the arbitral
tribunal regarding arbitration costs – otherwise, the arbitral tribunal can suspend the
arbitration proceedings
(b) Article 5.15 (c) DOJ IRR: When pending the arbitration, a Petition is filed with RTC (under
Rule 3.13 Special ADR Rules [i.e., after the arbitration is commenced]) on issue that the
arbitration agreement is inexistent, invalid or unenforceable, or that the arbitration is
improper, or the arbitral tribunal has no jurisdiction - THEN: The arbitral tribunal at its
option, may suspend the arbitration proceedings while awaiting for the RTC decision on
the Petition
(2) That arbitral tribunal issued an Order for the taking of evidence, or the party intends to
present an evidence to the arbitral tribunal
(3) The relevance of the evidence sought to assisted by RTC
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(4) The name and address of the witness/es, the place where the evidence is found, the place
where the premises to be inspected is found, or the place where the act/s required is to be
executed
Note: The petitioner must serve copy of the Petition to the respondent considering that the
Petition is summary in nature pursuant to Rule 1.3 [A] Special ADR Rules. The Petition asides
from "Verification", must also state "Certificate Against Forum Shopping" pursuant to Rule 1.5
Special ADR Rules the Petition being an "initiatory pleading"
 COMMENT/OPPOSITION to the PETITION (Rule 9.7 Special ADR Rules)

The respondent must file his "Comment/Opposition" within 15 days - reckoned from his receipt
of the Petition
 (*) The RTC in RESOLVING the PETITION (Rule 9.8 Special ADR Rules)
The RTC shall grant the Petition - provided:
(1) The evidence sought is not privileged; and
Note: The following are privileged: (a) Privileged information under ADRA (e.g., information
obtained through arbitration); (b) under the Rules on Evidence, the following are privileged,
(1) "marital privilege communication" where during/after marriage, one spouse cannot
testify for/against the other spouse regarding communication given in confidence by the
former to the latter; (2) "attorney-client privileged communication" regarding any
communication between them unless with consent of the client, (3) "physician-patient
privileged communication" regarding any information about the ailment and also treatment
made, (4) "priest-penitent privileged communication" regarding those confessed by the
penitent; (5) "marital disqualification rule" where during marriage the other spouse cannot
testify for or against the other spouse unless with consent
(2) The evidence sought must be both relevant and material
NOW: The petitioner shall pay the costs relevant to the assistance made by the RTC
Note: Rule 9.4 Special ADR Rules provides that the proceedings for Petition for Taking of
Evidence must be in accordance with the Rules on Evidence
 (*) RELIEF/REMEDY against the RTC GRANTING/DENYING the PETITION (Rule 9.9 Special
ADR Rules)
If the RTC granted the Petition: It shall be immediately executory - not subject to MR or appeal
(but subject to Special Civil Action for Certiorari under Rule 19.26 Special ADR Rules when the
RTC acted without jurisdiction or RTC has jurisdiction but acted in excess of its jurisdiction, of
RTC acted with grave abuse of discretion amounting to lack/excess of jurisdiction)
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If the RTC denied the Petition: The Petitioner can file MR or appeal (if MR is denied) Note: No
remedy for Special Civil Action for Certiorari because appeal is available
 (*) PERPETUATION of TESTIMOINY of WITNESS - BEFORE the ARBITRAL TRIBUNAL is

COMMENCED or CONSTITUTED (i.e., via Deposition; Rule 9.10 Special ADR Rules)
Anytime before the arbitration is commenced, or before the arbitral tribunal is constituted -
any person who wants to perpetuate his testimony (or wants to perpetuate the testimony of
another person) can do so in accordance with Rule 24 ROC (i.e., Deposition Before Action)
Notes:
(1) (*) The purpose/reason of perpetuating testimony through "deposition before
action/arbitration"
The perpetuation of testimony is very important especially when before or during the
arbitration, the person whose testimony is needed during the arbitration is already too old
(nearing his death), or the person is to be out of the Philippines and his return is indefinite,
or the person resides more than 100 kilometers away from the arbitration venue. Now, the
remedy is order to assure the availability of his testimony is "deposition before action" under
Rule 24 of ROC, so that even if such person is no longer physically available during the
arbitration proceedings and his testimony cannot be taken (e.g., because he is already dead,
or he is outside Philippines), then his deposition already taken beforehand serves as his
testimony
(2) Form, where to file and the venue of the "Petition for Deposition" (Rule 24 Section in
relation to Rule 134 ROC)
The "Petition to Take Deposition" must be verified (i.e., "Verification" executed by Petitioner
who has personal knowledge of the facts alleged in such Petition) with RTC in a venue
where the adverse expected party-to-be in the arbitration resides
 ADVERSE CONSEQUENCE upon PERSON who DISOBEYS the GRANTED PETITION (Rule 9.11
Special ADR Rules)
Any person who disobeys the Order of the RTC to testify or to perform an act required in such
Order - can be punished with appropriate sanction (e.g., Contempt of Court)
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TOPIC SET A CHAPTER 19. - SPECIFIC COURT RELIEF particularly
PETITION/MOTION to PREVENT DISCLOSURE of CONFIDENTIAL
INFORMATION/PROTECTIVE ORDER (Rule 10 Special ADR Rules)
 (*) WHO can FILE for the REQUEST FOR PROTECTIVE ORDER - AND: WHEN TO FILE the
same (Rule 10.1 and 10.2 Special ADR Rules)
WHO CAN FILE: Any party to the arbitration, or representative/counsel of any party, or any
witness to the arbitration - WHO: Disclosed information or was compelled to disclose
information (e.g., "to be disclosed" under Rule 9 Special ADR Rules [i.e., RTC Assistance in
Taking Evidence]), which information obtained through/relative to ADR proceedings -
WHEREIN: The source of the information has reasonable expectation that such information
shall be kept confidential - THEN: On behalf of that source, such party,
representative/counsel/witness has the right to ask for protective order in order to prevent
"further disclosure" of said information - UNLESS: Such source or party gives his express
written consent.
WHEN TO FILE: The protective order can be filed at anytime (during or after the termination of
the pendency of ADR proceedings) if there be need to enforce confidentiality on information
obtained through/relative to ADR proceedings or to be obtained through ADR proceedings
 (*) Where to FILE and the VENUE (Rule 10.3 Special ADR Rules)
The Petition is filed with RTC in the place where the Petition (if granted) is to be implemented
(i.e., the place where prohibitory injunction is to be implemented)
HOWEVER: When there is pending court action (whether with MTC/RTC/CA/SC) where the
confidential information is required "to be" disclosed, or "being" disclosed, then a "Motion"
(not Petition) can be filed with that court were the said action is pending to prevent the
confidential to be disclosed or further disclosure
 (*) GROUNDS for the PETITION/MOTION (Rule 10.4 Special ADR Rules)
Only if the petitioner/movant would be materially prejudiced by the
unauthorized/unconsented disclosure of the:
1. Information that was obtained through ADR proceedings; or
Note: Because information obtained through ADR is privileged and confidential
2. Confidential information "to be" obtained during ADR proceedings
Note: Such as secret processes, secret developments, secret research and other secret
information (e.g., secret formula of Coca-cola beverages)
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 CONTENTS of the PETITION/MOTION (Rule 10.5 Special ADR Rules)
The Petition or Motion shall state the following:
(1) That information disclosed or to be disclosed - is information obtained through ADR
proceeding
(2) That the petitioner/movant would be materially prejudiced by the disclosure of the
confidential information
(3) That person/s being required to disclose the confidential information - has participated in
the ADR proceedings (whether as party, representative, witness, expert, one who presided
the ADR proceedings [e.g., mediator, arbitrator, etc.], ADR secretary, stenographer or clerk
[hired in connection with the ADR proceedings], etc.; See Section 9 [d] ADRA)
(4) The date, time and place where the ADR proceedings took place
- NOW (*): In case what is to be filed is "Motion", then the Motion must observe Rule 15 ROC
 NOTICE OF HEARING in case what is FILED is "MOTION" (Rule 10.6 Special ADR Rules)
The Notice of Hearing must be addressed to adverse parties in the pending action in court
(MTC/RTC) - in accordance with Rule 15 (Sections 4 and 5) ROC
(*) Notes:
1. Under Rule 15 ROC, the Motion must state "Notice of Motion Hearing" setting forth therein
the date and time of Motion hearing observing with Rule 15 (especially Sections 4 and 5
[i.e., 10/3-day rule]) ROC which provides Motion shall state that date when the Motion is to
be heard by the court which must be set within 10 days reckoned from the filing of the
Motion, and that the movant must ensure that the adverse party must have received such
Motion at least 3 days before the date of the Motion hearing as stated in the Motion. NOW:
A Motion which does not observe the 10/3-day rule renders the Motion a worthless piece of
paper which the court will just ignore [Tan vs. CA, GR 130314, Sep. 22, 1998])
2. In case what is to be filed is "Petition" with RTC - THEN: The petitioner must serve copy of
the Petition to the respondent because the Petition is summary in nature pursuant to Rule
1.3 [A] Special ADR Rules. And because the Petition is an "initiatory pleading", then the
Petition must also comply with "Verification" and "Certificate Against Forum Shopping"
pursuant to Rule 1.5 Special ADR Rules
 (*) COMMENT/OPPOSTION to the PETITION/MOTION (Rule 10.7 Special ADR Rules)

The "Comment/Opposition" must be filed by the respondent (in the Petition) or adverse party
(in Motion) - WITHIN: 15 days reckoned from his receipt of the Petition/Motion - WHICH:
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"Comment/Opposition" in order to oppose the Petition/Motion can attached therewith written
evidence that: [Note (*): Incidentally, below are the grounds to oppose the Petition/Motion]
(1) The information is not confidential (e.g., read 3.23 and 3.24 DOJ IRR); or
(2) The information was not obtained through/during ADR proceedings; or
(3) There was waiver of confidentiality (i.e., express written waiver/consent [Rule 10.1 Special
ADR Rules]); or
(4) The petitioner/movant is estopped/precluded from asserting confidentiality of information
(e.g., read Article 3.23 DOJ IRR)
 (*) The RTC/COURT in RESOLVING the PETITION/MOTION (Rule 10.8 Special ADR Rules)
The RTC/Court in resolving the Petition/Motion, shall be guided by the following ADR
principles:
(1) That confidential information is inadmissible in evidence in any judicial/quasi-judicial
proceedings, neither subject to Discovery procedure
(2) That evidence/information does not become inadmissible in evidence or protected from
Discovery - solely by its use in the ADR proceedings
If the Petition/Motion is meritorious - THEN: The RTC/Court shall grant the Petition
NOW: When the ADR was/is to be a "Mediation proceedings", then the RTC/Court shall be
guided further by the following principles:
(1) Information obtained through mediation proceedings - are privileged and confidential
(2) A mediation party, mediator, or non-party participant (e.g., witness) may refuse to disclose
and can even prevent others from disclosing mediation information
(3) In adversarial proceedings, the following persons involved in the mediation proceedings
may not be compelled to disclose confidential information obtained through mediation
proceedings - (a) mediation parties, (b) mediator, (c) representative of the parties, (d) non-
party participant, (e) any person hired/engaged in connection with the mediation such as
mediation secretary/stenographer/clerk/assistant, and (f) any person who obtained
confidential mediation information by reason of his profession
(4) The confidentiality of mediation information continues to be confidential - even if the
mediator acted impartially
(5) Mediator may not be compelled to provide confidential mediation information - AND: If he
is wrongfully subpoenaed, then he has the right to be reimbursed the full cost of the
attorney's fees he paid to the lawyer and other expenses related to the wrongful subpoena
 (*) RELIEF/REMEDY against the RTC/Court GRANTING/DENYING the PETITION/MOTION

(Rule 10.9 Special ADR Rules)
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When the RTC/Court GRANTED the Petition/Motion: The person/s prohibited by the "Order"
of the RTC/Court to disclose confidential information shall be immediately executory (Note:
But the respondent can file MR [see Rule 19.1 Par 1 [g] Special ADR Rules) - BUT: Such person/s
may not be prohibited from disclosing confidential information while such granted "Order" is
pending before appellate court (unless there is TRO granted by appellate court)
When the RTC/Court DENIED the Petition/Motion: The petitioner can file MR, or appeal (if the
MR is denied)
 ADVERSE CONSEQUENCE upon PERSON who DISOBEYS the GRANTED PETITION/MOTION

Any person who disobeys the Protective Order of the RTC/Court to stop from divulging
confidential information shall be meted out with proper sanction (e.g., Contempt of Court)
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CHAPTER 20. - SPECIFIC COURT RELIEF particularly PETITION to
CONFIRM/CORRECT/VACATE DOMESTIC ARBITRAL AWARD (Rule 11
Special ADR Rules)
 (*) WHO can and WHERE to FILE the PETITION and WHEN TO FILE the same (Rule 11.1 and
11.2 Special ADR Rules)
Any party to the domestic arbitration can file with RTC the Petition:
(1) For Petition to Confirm Domestic Arbitral Award: Anytime after the lapse of 30 days
reckoned from petitioner's receipt of the domestic arbitral award decision;
Note: Why the Petition to Confirm can be filed only after the lapse of 30 days reckoned
from receipt of the domestic arbitral award decision? Because the adverse party who
intends to file Petition to Confirm has to wait for the other party whether the latter will file
Petition to Correct/Modify or Petition to Vacate as the case maybe within 30 days
reckoned from the latter's receipt of the domestic arbitral award decision (see [2] and [3]
just below).
 Can the Petition to Confirm also include therein a Petition to Correct?
YES (and both Petitions will be heard simultaneously by one RTC)
(2) For Petition to Correct/Modify Domestic Arbitral Award: Within 30 days reckoned from
petitioner's receipt of the domestic arbitral award decision
(3) For Petition to Vacate Domestic Arbitral Award: Within 30 days reckoned from petitioner's
receipt of the domestic arbitral award decision (otherwise it shall be dismissed)
 If Petition to Vacate is filed (ahead of the Petition to Confirm) with RTC, can a "Petition
to Confirm in Opposition to Petition to Vacate" be filed subsequently in the very same
RTC?
YES - at anytime after the Petition to Vacate is filed. If the Petition to Vacate is
dismissed for having filed beyond the reglementary 30-day period - such dismissal does
not carry with it the dismissal of the Petition to Confirm
Note: We call the petition a "Petition to Confirm" when it is filed ahead of or after the
lapse of 30-day reglementary period from receipt for the filing of the Petition to
Vacate/Correct/Modify the domestic arbitral award decision. And we call it "Petition to
Confirm in Opposition to Petition to Vacate" when it is filed subsequent to the filing of
the "Petition to Vacate"
 The filing of Petition to Vacate in Opposition to Petition to Confirm (in contrast with
Petition to Vacate)
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Must be filed within 30 days reckoned from petitioner's receipt of the domestic arbitral
award decision (otherwise it shall be dismissed; the same 30-day reglementary period as
that of the filing of Petition to Vacate).
 Is it possible that Petition to Confirm is filed ahead of the Petition to Vacate in
Opposition to the Petition to Confirm?
YES. When the petitioner for the Petition to Confirm received the arbitral award
decision well ahead of the receipt thereof by the party who intends to file Petition to
Vacate in Opposition to the Petition to Confirm - such as when the arbitration venue
is in Manila and the petitioner for the Petition to Confirm lives in Manila, but the
party who intends to file Petition to Vacate in Opposition to the Petition to Confirm
is living in Tuguegarao City - which for sure, the petitioner for the Petition to Confirm
will receive the arbitral award decision well ahead of the other party. But remember
that the petitioner for Petition to Vacate in Opposition to the Petition to Confirm
must file it within 30-day period reckoned from his receipt of the arbitral award
decision (otherwise, his Petition to Vacate in Opposition to the Petition to Confirm
will be dismissed)
NOW: The same is true with "Petition to Correct/Modify" domestic arbitral award
decision (read Article 11.5 Par 3 Special ADR Rules)
 (*) RTC VENUE (Rule 11.3 Special ADR Rules; BAR 2015)
At the option of the petitioner:
(1) Where any of the parties doing business - is located
(2) Where the residence of any of the parties - is located
(3) Where the domestic arbitration was conducted - is located
 (*) GROUNDS for the PETITION (Rule 11.4 Special ADR Rules)
(1) Grounds for Petition to Vacate (Rule 11.4 [A])
(a) The arbitral award was rendered through corruption, fraud or other undue means;
(b) Evident (palpable) partiality/corruption of the arbitral tribunal or any of the arbitrators;
(c) The arbitral tribunal was guilty of misconduct or any form of misbehaviour which
materially prejudiced the rights of any party - such as (but not limited to) refusing to
postpone the arbitration hearing despite sufficient cause, or refusing to hear an
evidence that is relevant and material (significant) to the arbitration dispute;
(d) One/more of the arbitrators was disqualified to act as arbitrator under the law -
provided, he deliberately refrained/concealed such disqualification;
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(e) The arbitral tribunal exceeded its power, or (did not exceed power) but so imperfectly
discharge such power - such that a complete, final and definite arbitral award upon
matters submitted for arbitration was not rendered
Note: When arbitral award includes all those disputes submitted for arbitration, but also
included those not submitted by parties for arbitration, - THEN: The RTC will not vacate
the arbitral award but only those included in the arbitral award not submitted for
dispute
IN THE SAME VEIN (asides from above enumerated): Petition to Vacate also includes any/all
of the following grounds:
(a) The arbitration agreement is inexistent, invalid or unenforceable;
Note: "Inexistent" such that there is literally no arbitration agreement; "invalid" such
that the other party was minor or judicially declared incompetent who was not
represented by his court-authorized guardian, and "unenforceable" such that pursuant
to Ormoc Sugarcane Planters' Association, Inc. Vs. Court of Appeals, GR 156660, August
24, 2009 the arbitration agreement is not in writing
 Forms of Arbitration agreement (i.e., whether in the arbitration clause or
submission agreement; Section 4.1.3 CIAC Rules)
Arbitration agreement must be in writing but need not be signed by the parties - so
long as their intent to submit to arbitration is clear. This arbitration agreement can
even be in the form of exchange of letters by post, telefax, telegrams, or by
electronic communications (e.g., mobile phone text messages), or any other written
mode of communications
(b) One of the parties in the domestic arbitration is infant (minor), or judicially declared
incompetent (Note: Guardian must first file with RTC a "Petition for Permission to
Submit the Arbitration Dispute" in behalf of the infant or judicially declared incompetent
[Article 5.1 Par 3 DOJ IRR ])
NOW: Petition to Vacate on ground that a party to the domestic arbitration is a minor or
person judicially declared incompetent - shall be filed only on behalf of the
minor/incompetent, and shall allege any of the following:
(i) That the respondent entered into arbitration agreement or submission agreement
with the minor/incompetent knowing beforehand of the latter's minority/being
judicially declared incompetent; or
(ii) That the submission agreement entered into by guardian/guardian ad litem (in
behalf of the minor/incompetent) was not priorly authorized by competent court
(RTC) for him to enter into submission agreement in behalf of the ward who is a
minor/incompetent
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Exclusive grounds for Petition to Vacate: The Petition to Vacate shall be dismissed when
the ground/s is other than those enumerated above
(2) Grounds for Petition to Correct/Modify (Rule 11.4 [B])
(a) Evident (palpable) miscalculation of figures in the arbitral award, or evident mistake in
the description of any person/thing/property subject the arbitral award
(b) Arbitrator rendered arbitral award (among other valid awards) that is not submitted for
arbitration
(c) Arbitrator rendered arbitral award which omitted to resolve issue/s (or dispute/s) that
is/are submitted for arbitration
(d) The arbitral award is imperfect as to matter/s of form only - not affecting the merits of
the arbitration dispute (read Article 5.31 as to "Forms and Contents of Domestic Arbitral
Award"), and if it had been a commissioner's report, the defect could have been
amended or disregard by the court
 FORM of PETITION (Rule 11.5 Special ADR Rules)

(1) Petition to Vacate: Shall be in the form of a "Petition to Vacate"(when Petition to Vacate is
filed with RTC ahead of the Petition to Vacate), or "Petition to Vacate in Opposition to
Petition to Confirm"(when the Petition to Confirm is filed with RTC ahead of the Petition to
Vacate in Opposition to Petition to Confirm)
(2) Petition to Correct/Modify: Allowed to be included in the Petition to Confirm or Petition to
Vacate(but can be filed separately from Petition to Confirm or Petition to Vacate - but must
observe "[3]" just below)
(3) When Petition to Confirm filed ahead of the Petition to Vacate or Petition to
Correct/Modify
While the Petition to Confirm is pending with RTC, a "Petition to Vacate"/ "Petition
Correct/Modify" in Opposition to Petition to Confirm" (i.e. not just "Petition to Vacate", or
"Petition to Correct/Modify") can be subsequently filed - provided it is filed within 30 days
reckoned from receipt of the arbitral award in the "verysame RTC and very same docket
number that the Petition to Confirm is docketed". NOW: If the Petition to Vacate/Petition to
Correct/Modify in Opposition to Petition to Confirm is (a)filed in another RTC (or different
RTC branch), or (b) filed in the very same RTC but in a separate case (i.e., different docket
number) - THEN: Upon Motion (by the petitioner in the Petition to Confirm), the RTC where
the Petition to Vacate/Petition to Correct/Modify in Opposition to Petition to Confirm is
filed will be dismissed on ground of violation of "forum shopping" - UNLESS: The two (2)
RTCs or RTC concerned (as the case maybe) may consolidate the two (2) Petitions in one
RTC and one case (i.e., very same RTC and very same docket number [which by usual
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practice, it will be consolidated in a Petition where it is already heard longer than the other
Petition)
(4) When Petition to Vacate/Petition to Correct/Modify is filed ahead of the Petition to
Confirm
While the Petition to Vacate/Petition to Correct/Modify is pending with RTC, a Petition to
Confirm in Opposition to the Petition to Vacate/Petition to Correct/Modify (i.e., not just
"Petition to Confirm") can be filed subsequently (in anytime after the Petition to
Vacate/Petition Correct/Modify is filed) in the "very same RTC and very same docket number
that the Petition to Vacate/Petition to Correct/Modify is docketed".. NOW: If the Petition to
Confirm in Opposition to Petition to Vacate/Petition Correct/Modify is (a) filed in another
RTC (or different RTC branch), or (b) filed in the very same RTC but in a separate case (i.e.,
different docket number) - THEN: Upon Motion (by the petitioner in the Petition to Confirm),
the RTC where the Petition to Confirm in Opposition to Petition to Vacate/Petition
Correct/Modify is filed will be dismissed on ground of violation of "forum shopping" -
UNLESS: The two (2) RTCs or RTC concerned (as the case maybe) may consolidate the two
(2) Petitions in one RTC and one case (i.e., very same RTC and very same docket number
[which by usual practice, it will be consolidated in a Petition where it is already heard longer
than the other Petition)
(5) When Petition to Confirm and Petition Vacate/Petition to Correct/Modify - are both filed
at the same time by the parties in same RTC (but of different docket numbers) or two RTCs
Then upon Motion of either party - there can be consolidation of the two (2) Petitions in
one RTC and same case (i.e., one RTC and same docket number)
IN ALL PETITIONS: They must all be verified(executed by person who has personal knowledge of
the facts alleged in such Petition [e.g., petitioner])
Note: (Unlike in Petition summary in nature [Rule 1.3 [A] Special ADR Rules]) The Petition to
Confirm/Vacate/Correct/Modify Domestic Arbitral Award being non-summary in nature (Rule
1.3 Par 1 Special ADR Rules), the petitioner in filing his Petition need not serve copy thereof to
the respondent but rather it would be the RTC to serve such copy (see Rule 1.8 Par 1). Also, the
Petition asides from "Verification", must also state "Certificate Against Forum Shopping"
pursuant to Rule 1.5 Special ADR Rules the Petition being an "initiatory pleading"

The Petition must state the following:
(a) Addresses, or any change of address - of all parties (and any change thereof, if any)
(b) The jurisdictional issues raised a party during the domestic arbitration proceedings (i.e., that
the arbitration agreement is inexistent/invalid/unenforceable)
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(c) The date of receipt of the domestic arbitral award - and under what circumstances the
arbitral award was received (i.e. how it was received by the petitioner)
(d) In case the Petition filed is "Petition to Vacate/Set-aside", or "Petition to Vacate/Set-aside in
Opposition to Petition to Confirm" - the Petition must state the ground/s for the
vacation/setting-aside of the domestic arbitral award (i.e., that the arbitration agreement is
inexistent/invalid/unenforceable, or the petitioner is infant/minor or judicially declared
incompetent at the time the arbitration agreement was entered into or during the
arbitration proceedings which the respondent knows the same beforehand, or that the
general guardian/guardian ad litem entered into arbitration agreement in behalf of the
minor/judicially declared incompetent without prior judicial authority permitting such
guardian/guardian ad litem to enter into such arbitration agreement)
- AND: The Petition must also attachthe following: (asides from other attachments [if any])
(a) Authentic copy of the arbitration agreement;
(b) Authentic copy of the domestic arbitral award;
(c) Authentic copy/ies of the appointment of arbitrator/s; and
(d) "Certification Against Forum Shopping" executed by the petitioner - in accordance with Rule
7 Section 5 ROC (or Rule 1.5 Special ADR Rules)
 If the ground/s relied upon in the Petition to Vacate, or Petition to Vacate in Opposition to
Petition to Confirm (or even Petition to Vacate in Opposition to Petition to Correct/Modify) -
is that the petitioner is an infant (minor) or judicially declared incompetent (Rule Par 4
Special ADR Rules): Then the Petition must attach a certified copy of document showing
that at the time the petitioner entered into arbitration agreement with the respondent, the
later was aware that the petitioner was infant/minor or judicially declared incompetent
 If the ground/s relied upon in the Petition to Vacate, or Petition to Vacate in Opposition to
Petition to Confirm (or even Petition to Vacate in Opposition to Petition to Correct/Modify) -
is that the arbitration agreement in inexistent, invalid or unenforceable (Rule 11.8 Par 3
Special ADR Rules)
When prior to the filing of such Petition to Vacate, or Petition to Vacate in Opposition to
Petition to Confirm, there has been filed with RTC a Petition (regarding issue of jurisdiction
of the domestic arbitral [i.e., that the arbitration agreement is inexistent, invalid or
unenforceable]) before the arbitration is commenced under Rule 3 [A] Special ADR Rules,
and the RTC issued a Decision finding prima facie that the arbitration agreement exists,
valid or enforceable - THEN: A copy of such Petition (regarding issue that the arbitration
agreement is inexistent, invalid or unenforceable) and the RTC Decision shall be attached to
the Petition to Vacate or Petition to Vacate in Opposition to Petition to Confirm.
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HOWEVER: If such Petition (regarding issue that the arbitration agreement is inexistent,
invalid or unenforceable) after the arbitration is commenced under Rule 3 [B] Special ADR
Rules, where the arbitral tribunal ruled finding that the arbitration agreement exists, valid
or enforceable, and later the aggrieved arbitration party elevated the matter to RTC by filing
the said Petition (regarding issue that the arbitration agreement is inexistent, invalid or
unenforceable) and the RTC issued Decision dismissing the Petition (regarding issue that the
arbitration agreement is inexistent, invalid or unenforceable) - THEN: A copy of the Order of
arbitral tribunal finding the arbitration agreement exists, valid or enforceable, the arbitral
award, and such Petition (regarding issue that the arbitration agreement is inexistent,
invalid or unenforceable) previously filed with the - shall be attached to the Petition to
Vacate or Petition to Vacate in Opposition to Petition to Confirm
Notes:
(1) If the Petition (regarding issue that the arbitration agreement is inexistent, invalid or
unenforceable) is filed with RTC before the domestic arbitration is commenced (under
Rule 3 [A] Special ADR Rules), and the RTC issued Decision dismissing such Petition
finding prima facie that the arbitration agreement exists, valid or enforceable - such RTC
Decision is without prejudice to the filing of Petition to Vacate or Petition to Vacate in
Opposition to Petition to Confirm (Rule 3.11 Par 2 Special ADR Rules)
(2) If the Petition (regarding issue that the arbitration agreement is inexistent, invalid or
unenforceable) is filed with RTC after the domestic arbitration is commenced (under Rule
3 [B] Special ADR Rules) and the arbitral tribunal ruled finding that the arbitration
agreement exits, valid or enforceable, and the RTC issued Decision dismissing such
Petition finding prima facie that the arbitration agreement exists, valid or enforceable -
such RTC Decision is without prejudice to the filing of Petition to Vacate or Petition to
Vacate in Opposition to Petition to Confirm (Rule 3.21 Special ADR Rules)
 When the Petition filed is Petition to Vacate (or Petition to Vacate in Opposition to Petition
to Confirm; [Rule 11.9 Par 4 Special ADR Rules])
The petitioner may (optional) simultaneously alleged in his Petition (if granted) asking the
RTC to refer back the case to the same arbitral tribunal that rendered the arbitral award for
purposes of making new/revised arbitral award, or to conduct new arbitration hearing, or
may even order that the new hearing shall be conducted not in the original arbitral tribunal
but a new/another arbitral tribunal. And in case of new/another arbitral tribunal, the
arbitrator/s shall be appointed in accordance with the arbitration agreement or law (e.g.,
ADRA)
 NOTICE SERVED by the RTC to the RESPONDENT (Rule 11.7 Special ADR Rules)
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When the RTC finds the Petition sufficient in form and substance, it shall serve Notice attached
therewith copy of the Petition to the respondent - which Notice directs the respondent to file
his "Comment/Opposition" (or in lieu of "Comment/Opposition", to file Petition to Confirm in
Opposition to Petition to Vacate or Petition to Vacate in Opposition to Petition to Confirm[as the
case maybe])- within 15 days reckoned from his receipt of the Notice
NOW: The petitioner may file a Reply to such "Opposition" - within 15 days reckoned from his
receipt of such respondent's "Opposition"
Confirm/Vacate/Correct/Modify Domestic Arbitral Award being non-summary in nature (Rule
1.3 Par 1 Special ADR Rules), the petitioner in filing his Petition need not serve copy thereof to
the respondent but rather it would be the RTC to serve such copy (see Rule 1.8 Par 1)
 HEARING on the PETITION (Rule 11.8 Special ADR Rules)

If the RTC finds that there are factual issues, then it shall issue an Order requiring the parties to
simultaneously file their respective Witness/es Affidavit on a certain fixed day not more than 15
days reckoned from receipt of such Order - AND: In the same Order, also require the parties to
file their respective Reply Affidavit within 10 days reckoned from their receipt of the said
Witness/es Affidavit. In such Witness/es Affidavit and Reply Affidavit, attached therewith
documents supporting said affidavits
If the Petition filed is Petition to Vacate, or Petition to Vacate in Opposition to Petition to
Confirm (or even Petition to Vacate in Opposition to Petition to Correct/Modify): Any of the
parties interested in countering such Petition to Vacate or Petition to Vacate in Opposition to
Petition to Confirm, may in his Reply Affidavit allege therein that assuming that the ground/s
relied in the Petition to Vacate or Petition to Vacate in Opposition to Petition to Confirm to be
true - nevertheless, such ground/s does not affect the merits of the arbitral award which said
ground/s can be cured/remedied and also state therein (Reply Affidavit) supporting legal
arguments - AND: Request the RTC to suspend the proceedings for a period and order the
domestic arbitral tribunal to reopen the arbitration for the conduct of new/further hearing for
purposes of eliminating/removing the ground/s relied upon in the Petition to Vacate or Petition
to Vacate in Opposition to Petition to Confirm(Note: Article 5.34 DOJ IRR: When a petition to
vacate/set-aside the domestic arbitral award is filed with RTC, a party when request the RTC to
suspend the petition for period of time to give the arbitral tribunal the opportunity to
resume/reopen the arbitration proceedings for purposes of eliminating the ground/s relied upon
in the petition to vacate/set-aside the arbitral award)
If the ground/s relied upon in the Petition to Vacate, or Petition to Vacate in Opposition to
Petition to Confirm (or even Petition to Vacate in Opposition to Petition to Correct/Modify) - is
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that the petitioner is an infant (minor) or judicially declared incompetent: Then the Petition
must attach a certified copy of document showing that at the time the petitioner entered into
arbitration agreement with the respondent, the later was aware that the petitioner was
infant/minor or judicially declared incompetent. However, if such arbitration agreement was
entered into by general guardian or guardian ad litem in behalf of the minor or judicially
declared incompetent, nevertheless, such general guardian or guardian ad litem was not
previously authorized by court to enter into such arbitration agreement in behalf of the minor
or judicially declared incompetent
When will the RTC conducts "oral" hearing: If on the basis of the Petition, the
Comment/Opposition (or Petition in Opposition to the Petition), the "Witness/es Affidavit" and
"Reply Affidavit" respectively filed by the parties, the RTC finds that there is a need to conduct
oral hearing - then the RTC shall set the date of the oral hearing which shall have preference
over other cases pending before said RTC except for criminal cases. During the oral hearing, the
"Witness/es Affidavit" shall be deemed as direct testimony of such witness subject to
immediate cross-examination - AND: The RTC having full control of the oral hearing shall
conduct the same ensuring without undue delay
 (*) The RTC in RESOLVING the PETITION (Rule 11.9 Special ADR Rules)
The RTC shall grant the Petition to Confirm (or Petition to Confirm in Opposition to Petition to
Vacate) - UNLESS: The ground/s for the Petition to Vacate (or Petition to Vacate in Opposition
to Petition to Confirm), or the Comment/Opposition against the Petition to Confirm, is proven.
HOWEVER: The RTC shall be guided by the principle:
(1) That "the arbitral award is presumed to have been issued by the domestic arbitral tribunal
in due course and is therefore subject to RTC confirmation"
(2) That shall not disturb the findings of facts and/or conclusions/interpretations of law -
made by the arbitral tribunal
Note (*): FINDINGS of FACTS of the ARBITRATOR in the ARBITRATION (Uniwide Sales
Realty vs. Titan-Ikeda Construction, GR 126619, December 20, 2006)
Court will not review the factual findings of an arbitral tribunal upon the artful allegation
that such body had "misapprehended facts" and will not pass upon issues which are, at
bottom, issues of fact, no matter how cleverly disguised they might be as "legal questions."
Court will not permit the parties to re-litigate before it the issues of facts previously
presented and argued before the arbitral tribunal - UNLESS: Where a clear showing is made
that, in reaching its factual conclusions, the arbitral tribunal committed an error so
egregious (so obvious/flagrant) and hurtful to one party as to constitute a grave abuse of
discretion resulting in lack or loss of jurisdiction. Prototypical examples would be factual
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conclusions of the arbitral tribunal which resulted in deprivation of one or the other party
of a fair opportunity to present its position before the arbitral tribunal, and an arbitral
award obtained through fraud or the corruption of arbitrators. Any other, more relaxed
rule (as to arbitral tribunal's findings of facts) would result in setting at naught the basic
objective of a voluntary arbitration and would reduce arbitration to a largely inutile
institution
 When the Petition filed is Petition to Vacate (or Petition to Vacate in Opposition to Petition
to Confirm; [Rule 11.9 Par 4 Special ADR Rules])
The petitioner may (optional) simultaneously request in his Petition asking the RTC to refer
back the case to the same arbitral tribunal that rendered the arbitral award for purposes of
making new/revised arbitral award, or to conduct new arbitration hearing (unless the RTC
orders that the new arbitration hearing must be heard in another arbitral tribunal). And in
case of another arbitral tribunal, the arbitrator/s shall be appointed in accordance with the
arbitration agreement or law (e.g., ADRA).
In case the RTC refers the case back for arbitration pursuant to Section 24 RA 876
(Domestic Arbitration Law) whether in the same or different arbitral tribunal, the RTC may
not order the arbitral tribunal to revise the arbitral award in a particular way, or to revise
the factual findings and conclusions/interpretations of law made by the arbitral tribunal, or
in any way encroaching upon the independence of the arbitral tribunal in the making of
arbitral award
Note: When the RTC grants the Petition to Confirm/Vacate/Correct domestic arbitral award -
are subject to the following: (1) MR (see Rule 19.1 Par 1 [h] Special ADR Rules), (2) Appeal via
Petition for Review (see Rule 19.12 [e] Special ADR Rules) - from RTC to CA, (3) Petition for
Certiorari (see Rule 19.26 [f] Special ADR Rules)- from RTC to CA, and (4) zzzPetition for Review
on Certiorari (see Rule )
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TOPIC SET A: CHAPTER 21. - SPECIFIC COURT RELIEF particularly
PETITION to RECOGNIZE and ENFORCE, or PETITION to SET-ASIDE - the
ICA ARBITRAL AWARD (Rule 12 Special ADR Rules)
Note: Rule 12 of Special ADR Rules only applies to ICA arbitral award rendered in the Philippines.
Any arbitral award rendered outside the Philippines (including ICA arbitral award rendered
outside the Philippines) shall be treated as "Foreign Arbitral Award" governed by Rule 13 of the
Special ADR Rules
 (*) EXCLUSIVE RECOURSE/REMEDY - AGAINST ICA AWARD (Rule 12.5 Special ADR Rules)
The only and exclusive remedy after ICA arbitral tribunal rendered arbitral award (decision) is
only through Petition setting-aside the ICA award (whether by "Petition to Set Aside ICA
Award", or "Petition to Set-aside ICA Award in Opposition to Petition to Recognize and Enforce
ICA Award", or any Opposition for the setting -aside of the ICA award) filed with RTC - such that
the any other recourse/remedy such as by appeal, Petition for Review or Petition for Certiorari
- shall be dismissed
 (*) WHO can FILE the PETITION and WHEN TO FILE the same (Rule 12.1 and 12.2 Special
ADR Rules)
Any party in the ICA conducted in the Philippines can file Petition with RTC - WHICH: Petition
must be filed:
(1) In case of Petition to Recognize and Enforce ICA Award
Can be filed at anytime from receipt of the ICA award
BUT IF: A timely Petition to Set-aside ICA award is filed with RTC, the respondent must file
his Petition to Recognize and Enforce ICA award in opposition to the Petition to Set-aside
within the reglementary period (i.e., within 15 days from receipt of the RTC Notice
requiring him to file his opposition to the Petition to Set-aside [Rule 1.3 [B] on General
Provision of the Special ADR Rules])
(2) In case of Petition to Set-aside ICA Award
Must be filed within 3 months from receipt of the ICA award
BUT IF: A Request (or Motion) for correction, interpretation of the arbitral award, or motion
to make additional award, is timely filed with the ICA arbitral tribunal, the 3-month period
shall begin to run from receipt of the resolution on such Motion (Note: Article 4.33 [a] and
[d] DOJ IRR give details about correction, interpretation or additional award on ICA arbitral
award)
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NOW: The lapse of three (3) months after receipt of the ICA arbitral award or resolution (as
the case maybe), the filing of petition to set-aside the ICA arbitral award shall be dismissed.
HOWEVER: The dismissal of the petition to set-aside (or petition to set-aside in opposition
to petition to recognize and enforce) does not ipso facto result in the granting of the
petition to recognize and enforce ICA arbitral award - BUT NONETHELESS: The failure to file
petition to set-aside within said 3-month period shall prevent such party from raising
grounds to oppose the granting of the petition to recognize & enforce
Note: QUESTION: Suppose the Petition to Recognize and Enforce ICA Award is filed with RTC
after the lapse 3 months from receipt of the petitioner of the ICA award - is it still possible to file
the Petition to Set-aside ICA Award in Opposition to Petition to Recognize and Enforce ICA
Award? ANSWER: YES. As when the petitioner in the Petition to Recognize and Enforce ICA
Award received the ICA award way ahead in period then the petitioner in the Petition to Set-
aside ICA Award in Opposition to Petition to Recognize and Enforce ICA Award - so long as the
Petition to Set-aside ICA Award in Opposition to Petition to Recognize and Enforce ICA Award is
filed by the petitioner therein within 3 months from his receipt of the ICA award (e.g., the ICA
was conducted in Aparri and the residence of the petitioner in Petition to Recognize and Enforce
ICA Award is also in Aparri, but the residence of the petitioner in the Petition to Set-aside ICA
Award in Opposition to Petition to Recognize and Enforce ICA Award is in Jolo). There you would
readily notice that the petitioner in the "Petition to Recognize and Enforce ICA Award" will
receive the ICA award way ahead in time than the petitioner in the "Petition to Set-aside ICA
Award in Opposition to Petition to Recognize and Enforce ICA Award " considering the proximity
of the place of the domestic arbitral tribunal and the residence of the petitioner in the "Petition
to Confirm"
(*) If the Petition to Set-aside ICA Award or any pleading resisting Petition to Recognize
and Enforce ICA Award (e.g., Petition to Set-aside ICA Award in Opposition to Petition to
Recognize and Enforce ICA Ward) - is on ground that a party was a minor/incompetent
when the latter entered into arbitration agreement or submission agreement - WHO can
file the said Petition? (Rule 12.4 Last Par Special ADR Rules)
It must only be filed in behalf of the minor/incompetent
 (*) RTC VENUE (Rule 12.3 Special ADR Rules)

(a) Where the residence of the any party - is located;
(b) Where the place of business of any of the party - is located;
(c) Where ICA proceedings were conducted;
(d) Where any of the assets/properties to be attached/levied - is located;
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(e) Where the act to be enjoined will be performed (mandatory injunction) , or where the act
is to be prohibited is being performed (prohibitory injunction);
(f) In NCR
Note: This options of venue given the petitioner is only available for the petitioner who first filed
the petition (whether petition to recognize and enforce, or petition to set-aside [as the case
maybe])
QUESTION: Supposed a petition is filed in opposition to the petition previously filed, what RTC
venue should the opposing petition be filed? ANSWER: The opposing petitioner should be filed
the same RTC venue where the first petition was filed (read Rule 12.6 Par 2 Special ADR Rules)
 (*) GROUNDS for the SETTING-ASIDE of the ICA AWARD (Rule 12.4 Special ADR Rules)
Any of the following grounds: (exclusive)
(a) The petitioner was under some incapacity (i.e., minority or judicially declared incompetent);
(b) The arbitration agreement is invalid under the law of a country which the parties subjected
their arbitration agreement
HOWEVER: If in the arbitration agreement the parties failed to indicate which country the
parties have subjected their arbitration agreement, nonetheless, such arbitration
agreement is invalid under the Philippine law (i.e., subject of the arbitration is one of those
prohibitions under Section 6 ADRA, or other Philippine laws)
(c) The ICA award renders award:
(1) Not contemplated by the parties in the arbitration agreement; or
(2) Beyond the scope of the arbitration agreement
- HOWEVER: If (1) and (2) can be separated from those ICA award/s contemplated by the
parties in their arbitration agreement or within the scope of the arbitration agreement -
THEN: The Petition to Set-aside ICA award can be granted only as to the (1) and/or (2), and
the rest of the ICA awards shall be recognized and enforced;
(d) The composition of the arbitral tribunal (regarding selection and/or number of arbitrator/s)
is not in accordance with the procedure agreed of the parties, then the arbitral award can
be set-aside - UNLESS: Said agreed procedure is in conflict (violates) the mandatory
Philippine law (in which case, such ignored procedure is to be sustained/upheld in the
Philippines)
???NOW: If the parties did not agree on a procedure regarding the composition of the
arbitral tribunal in violation of the mandatory procedure of the Philippine law - then the
arbitral award can be set-aside by the Philippine court (particularly by the RTC)
(e) The subject-matter of the ICA dispute - is not arbitrable under Philippine law
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Note: Section 6 ADRA: Excepted from ADR Law: [a] labor disputes,[b] civil status of persons,
[c] validity of a marriage (void or voidable), [d] legal separation, [e] jurisdiction of courts, [f]
future legitime, [g] criminal liability, and [h] those disputes cannot be compromised under
the Philippines law (Note: Include "future support" pursuant to Article 2035 NCC)
(f) The ICA award is void for being contrary to public policy
NOW: The above enumerations are exclusive grounds for the Petition to Set-aside ICA award
(otherwise, the RTC will dismiss the said Petition)
 FORM of the PETITION (Rule 12.6 Special ADR Rules)

Whether Petition to Recognize and Enforce, or Petition to Set-aside, or Petition to Recognize
and Enforce in Opposition to Petition to Set-aside, or Petition to Set-aside in Opposition to
Petition to Recognize and Enforce - shall be "verified" (executed by person who has personal
knowledge of the facts alleged in such Petition [e.g., petitioner])
Recognize and Enforce ICA Award or Petition to Set-aside ICA Award, being non-summary in
nature (Rule 1.3 Par 1 Special ADR Rules), the petitioner in filing his Petition need not serve
copy thereof to the adverse party but rather it would be the RTC to serve him such copy (see
Rule 1.8 Par 1). Also, the Petition asides from including "Verification", the petition first filed
must also include "Certificate Against Forum Shopping" pursuant to Rule 1.5 Special ADR Rules
the Petition being an "initiatory pleading"

Whether the Petition be, Petition to Recognize and Enforce, Petition to Set-aside, Petition to
Recognize and Enforce in Opposition to Petition to Set-aside, or Petition to Set-aside in
Opposition to Petition to Recognize and Enforce - shall allege the following:
(1) The addresses of record (i.e., address as appearing in the record of ICA), or change of such
address of record - of the ICA parties;
(2) That arbitration agreement exists;
NOW: In Petition to Set-aside ICA Award, or Petition to Set-aside ICA Award in Opposition to
Petition to Recognize and Enforce ICA Award, if the ground relied upon is that the petitioner
is a minor or judicially declared incompetent - THEN: The Petition must allege that even if
there is arbitration agreement, nevertheless it was entered into by general guardian or
guardian ad litem without prior court authority to allow/permit the guardian to enter into
such arbitration agreement in behalf of the minor/judicially declared incompetent(Rule 12.4
Last Par Special ADR Rules)
(3) Names of the arbitrators - and proof of their appointment;
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(4) That the ICA award was issued, and that the petitioner received the ICA award; and
(5) State the ground/s relied upon
NOW: In Petition to Set-aside ICA Award, or Petition to Set-aside ICA Award in Opposition to
Petition to Recognize and Enforce ICA Award, if the ground relied upon is that the petitioner
is a minor or judicially declared incompetent - THEN: The Petition must allege that the
respondent entered into arbitration agreement or submission agreement knowing
beforehand that the petitioner is minor/judicially declared incompetent (Rule 12.4 Last Par
Special ADR Rules)
(6) Relief/s sought (i.e., Prayers)
- AND: Attach with such Petition are the following (asides from other attachment):
(1) Authentic copy of the arbitration agreement;
(2) Authentic copy of the ICA award;
(3) Authentic copy of the appointment of arbitrators; and
(4) Verification and Certification Against Forum Shopping - executed by the petitioner in
accordance with Rule 7 Section 4 ROC (or Rule 1.4 Special ADR Rules) and Rule 7 Section 5
ROC (or Rule 1.5 Special ADR Rules)
NOW: If the ground for the Petition to Set-aside ICA Award (or Petition to Set-aside ICA Award
in Opposition to Petition to Recognize and Enforce ICA Award) is that the petitioner is
minor/judicially declared incompetent - THEN: The Petition must also attach copies of the
documents proving (a) that at the time the respondent entered into arbitration
agreement/submission agreement knowing beforehand about the petitioner's minority/being
judicially declared incompetent, or (b) that the arbitration agreement was entered into by
general guardian/guardian as litem in behalf of the minor/judicially declared incompetent
without prior authority from competent court allowing/permitting such guardian to enter into
arbitration agreement in behalf of the minor/judicially declared incompetent
FINALLY: At the time of the filing of Petition to Set-aside ICA Award or Petition to Recognize and
Enforce ICA Award with RTC, there is another court that presently resolving or has resolved a
question against the jurisdiction of the ICA arbitral tribunal (i.e., that the arbitration agreement
is inexistent/invalid/unenforceable) - THEN: Such fact and the status thereof must also be
alleged in the Petition to Set-aside ICA Award or Petition to Recognize and Enforce ICA Award
(as the case maybe) in order to apprise the RTC thereof
When the RTC finds the Petition (i.e., Petition to Recognize and Enforce ICA Award, or to
Petition to Set-side ICA Award [as the case maybe]) sufficient in form and substance, it shall
serve Notice attached therewith copy of the Petition to the respondent - which Notice orders
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the respondent to file his "Opposition" to the Petition (or in lieu of "Opposition", a Petition to
Recognize and Enforce ICA Award in Opposition to Petition to Set-aside ICA Award or Petition to
Set-aside ICA Award in Opposition to Petition to Recognize and Enforce ICA Award [as the case
maybe]) - WITHIN: 15 days reckoned from his receipt of the Notice(Note: [Unlike in Petition
summary in nature [Rule 1.3 [A] Special ADR Rules] The Petition to
Confirm/Vacate/Correct/Modify Domestic Arbitral Award being non-summary in nature [Rule
1.3 Par 1 Special ADR Rules], the petitioner in filing his Petition need not serve copy thereof to
the respondent but rather it would be the RTC to serve such copy [see Rule 1.8 Par 1])
NOW: The petitioner may file a Reply to such "Opposition" - within 15 days reckoned from his
receipt of such respondent's "Opposition"
 SUBMISSION of PLEADINGS (asides from Petition; Rule 12.9 Special ADR Rules)
If RTC finds that the issue/s is purely legal issue (mainly of law; i.e., no factual issue): The RTC
may issue an "Order" requiring the parties to file their respective legal briefs stating therein
legal issues and legal bases - not more than 15 days reckoned from receipt of such "Order"
If RTC finds that there are factual issue relevant to the ground/s alleged in the Petition to Set-
aside ICA Award (or Petition to Set-aside ICA Award in Opposition to Petition to Recognize and
Enforce ICA Award, or Opposition to the recognition and enforcement of ICA Award): The RTC
shall issue an "Order" requiring the parties to simultaneously file their respective "Witness/es
Affidavit" not more than 15 days reckoned from receipt of such "Order" - AND: In the same
"Order" also to file their respective "Reply Affidavit" within 10 days reckoned from receipt of
the "Witness/es Affidavit". In such Witness/es Affidavit and Reply Affidavit, attached therewith
documents supporting said affidavits
 WHEN WILL the RTC CONDUCTS ORAL HEARING (Rule 12.10 Special ADR Rules)
If on the basis of the Petition, any opposition to such Petition, Witness/es Affidavits and Reply
Affidavits (i.e., there is factual issue/s), the RTC finds that there is a need to conduct oral
hearing - then the RTC shall set the date of the oral hearing which shall have preference over
other cases pending before said RTC except for criminal cases. During the oral hearing, the
"Witness/es Affidavit" shall be deemed as direct testimony of such witness subject to
immediate cross-examination - AND: The RTC having full control of the oral hearing shall
conduct the same ensuring without undue delay
 (*) SUSPENSION of HEARING on the PETITION TO SET-ASIDE ICA AWARD (or Petition to
Set-aside ICA Award in Opposition to Petition to Recognize and Enforce ICA Award) (Rule
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(a) Any party may request (through Motion) the RTC to suspend the hearing on the Petition for
a definite period of time and refer back the case to the ICA arbitral tribunal giving the latter
the opportunity to resume arbitration proceedings and/or take further action - if in the
opinion of the ICA arbitral tribunal, the ground/s for the setting-aside of the ICA award will
be eliminated (Note: This means therefore, the RTC may require the ICA arbitral tribunal to
file its Opinion on the motion to suspend - before resolving the Motion to grant or deny it).
When the RTC grants the suspension, the RTC may not direct/order the ICA arbitral tribunal
to revise its ICA Arbitral Award in a particular way, or to revise the findings of facts of the
ICA arbitral tribunal, or revised the conclusions/interpretations of law of the ICA arbitral
tribunal, or in any way encroach upon the independence of the ICA arbitral tribunal in
making its ICA arbitral award (decision)
Note: If the RTC grants Motion to Suspend the Petition to Set-aside ICA Award and refer the
parties to ICA arbitral tribunal for the latter to resume arbitration or taking further action in
order to eliminate the ground/s in setting-aside the ICA award - it is subject to MR (see Rule
19.1 Par 1 [i] Special ADR Rules)
(b) When prior to the filing with RTC of the Petition to Set-aside ICA Award (or Petition to Set-
aside in Opposition to the Petition to Recognize & Confirm), there is a pending another
Petition with another court (e.g., RTC) questioning the ICA arbitral tribunal's ruling that it
has jurisdiction, - THEN: The RTC where Petition to Set-aside ICA Award (or Petition to Set-
aside in Opposition to the Petition to Recognize & Confirm) is filed, may either:
(1) Suspend the hearing on the petition to set-aside the ICA arbitral award and await for
the ruling of the court on the petition questioning the ruling of ???jurisdiction of the ICA
arbitral tribunal; or
Note: When RTC suspends the Petition to Set-aside or Petition to Recognize and Enforce,
there being a pending Petition with another court regarding whether or not the ICA
arbitral tribunal has jurisdiction - then, such suspension is subject to MR (see Rule 19.1
Par 1 [n] Special ADR Rules)
(2) Consolidate the two Petitions
Note: The ruling of the ICA arbitral tribunal finding for its jurisdiction, can be elevated via
Petition filed with RTC questioning the same issue of jurisdiction of the ICA arbitral tribunal -
and despite pending such Petition with RTC, the ICA arbitral tribunal can nevertheless
continue hearing the arbitration and can even render ICA award (Article 4.16 [c] DOJ IRR).
So on that account, it is possible that the ICA arbitral tribunal rendered arbitral award well
ahead in time before the RTC could render its Decision on the Petition regarding jurisdiction
of the ICA arbitral tribunal - and if that happens, it is therefore very possible that after the
ICA arbitral tribunal rendered arbitral award, a Petition to Recognize & Enforce ICA Award
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or Petition to Set-aside ICA Award is filed with RTC while the Petition questioning
jurisdiction of ICA arbitral tribunal is still pending - and it is on this reason that the hearing
on the Petition to Recognize & Enforce ICA Award or Petition to Set-aside ICA Award is
suspended while awaiting for the Decision of the RTC on the Petition questioning the
jurisdiction of the ICA arbitral tribual
 (*) The RTC in RESOLVING the PETITION for the RECOGNITION and ENFORCEMENT of ICA
AWARD or for the SETTING-ASIDE of the ICA AWARD
(a) PROHIBITION AGAINST the RTC (Rule 12.13 Par 2 Special ADR Rules)
The RTC shall not disturb the findings of facts and conclusion/interpretation of law of the
ICA arbitral tribunal
(b) PRESUMPTION in FAVOR of CONFIRMING the ICA AWARD (Rule 12.12 Special ADR Rules)
The RTC in resolving the Petition to Recognize and Enforce ICA Award, it must give
presumption that the ICA award was rendered in due course and for the RTC to recognize
and enforce - UNLESS: The party opposing the recognition and enforcement of the ICA
award proves any of the exclusive grounds to set-aside the ICA award under Rule 12.4
Special ADR Rules
Note: If the RTC grants or dismiss the Petition to Recognize and Enforce ICA Award- it is
subject to MR (see Rule 19.1 Par 1 [l] Special ADR Rules)
Note: When the RTC grants the Petition to Set-aside the ICA Award, it is subject to MR (see
Rule 19.1 Par 1 [j]). When the RTC denied the Petition to Set-aside ICA Award, it is also
subject to MR - and the same is true when RTC dismiss the petition to set-aside even if RTC
refused to recognize & enforce ICA arbitral award (see Rule 19.1 Par 1 [k] Special ADR Rules)
 SUBMISSION of STATEMENT of COSTS (Rule 12.14 Special ADR Rules)

(Unless the parties agreed to liquidated costs) At the time the Petition is submitted to the RTC
for decision, each party shall submit an under oath statement regarding the costs he incurred
relevant to the filing of Petition - costs shall include (but not limited to) reasonable attorney's
fees he paid or to be paid to his counsel of record, which reasonableness the RTC shall
determine
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TOPIC SET A & SET B: CHAPTER 22. - SPECIFIC COURT RELIEF
particularly PETITION to RECOGNIZE and ENFORCE FOREIGN ARBITRAL
AWARD (Rule 13 Special ADR Rules)
 PRELIMINARY
What is FOREIGN ARBITRAL AWARD (FAA; Section 3 [i] in relation with [j] ADRA; Section 3 [w]
ADRA; Section 3 [x] ADRA; Section 3 [y] ADRA): It is an arbitral award rendered through
arbitration in a foreign country - so that if that foreign country is a signatory to the 1958 New
York Convention that such arbitral award is referred to as "convention award" otherwise, it
called "non-convention award." Applying Rule 13 of the Special ADR Rules to foreign arbitral
award, it refers to foreign arbitral award where the subject thereof is to be enforced in the
Philippines - and how should RTC will recognized and enforced such foreign arbitral award
depends whether it was rendered by "convention state" (i.e., rendered by foreign state who is
signatory to the 1958 New York Convention) or "non-convention state" (Note: Philippine is a
signatory thereto)
 (*) WHO can FILE the PETITION and WHEN TO FILE the same (Rule 13.1 and 13.2 Special
ADR Rules)
Any party to the foreign arbitration can file the Petition with RTC - at any time after receipt
of the foreign arbitral award (FA Award)
 (*) RTC VENUE (Rule 13.3 Special ADR Rules)

(a) Where the residence of the any party - is located (in the Philippines);
(b) Where the place of business of any of the party - is located (in the Philippines);
(c) Where any of the assets/properties to be attached/levied - is located (in the Philippines);
(d) Where the act to be enjoined whether mandatory or prohibitory - is located (in the
Philippines);
(e) In NCR
 (*) WHAT LAW to GOVERN the PETITION (Section 43 ADRA; Rule 13.4 Par 1 Special ADR
Rules)
Shall be governed by the 1958 New York Convention on the Recognition and Enforcement of FA
Award (i.e., we call it "New York Convention") - AND: Rule 13 Special ADR Rules (Note: When FA
award was rendered by a country who is a signatory to the New Convention, then such FA
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award is called "Convention Award", and if rendered by a country not signatory to the New York
Convention then is called "Non-convention Award"; Philippines is a signatory to the New York
Convention)
NOW: The RTC may give due course to the Petition for the recognition and enforcement of FA
award rendered by country who is not a signatory to the New York Convention (i.e., "Non-
convention Award") - on ground of comity and reciprocity (i.e., RTC will recognize that non-
convention award as "as-in Convention Award" provided that country also recognizes the
arbitral award rendered in the Philippines; Rule 13.4 Special ADR Rules)
 (*) GROUNDS for the RTC to REFUSE RECOGNIZING the FA AWARD (Rule 13.4 Par 2 Special
ADR Rules)
When a Petition for Recognize and Enforce FA Award is filed with RTC, the RTC cannot and will
not set-aside FA award, rather it may only refuse to recognize and enforce the FA award. When
such Petition is filed with RTC, the adverse party can file his opposition (i.e., verified Opposition
[Rule 13.7 Special ADR Rules]) with the same RTC for the latter to refuse recognition and
enforcement of the FA Award based on any of the following grounds:
(a) The oppositor was under some incapacity;
(b) The arbitration agreement is invalid under the law of the country which the parties
subjected such agreement - OR: If there is no indication that the arbitration agreement is
invalid under the law of the country which the parties subjected their arbitration
agreement, nevertheless it is invalid under the law where the FA award was rendered;
(c) FA award includes:
(1) Those not contemplated by the parties in the arbitration agreement; or
(2) Those beyond the scope of the arbitration agreement
- HOWEVER: If (1) and (2) can be separated from those FA award/s contemplated by the
parties in their arbitration agreement or within the scope of the arbitration agreement -
THEN: The Petition to refuse to recognize only as to the (1) and/or (2), and the rest of the
ICA awards shall be recognized and enforced;
(d) The composition of the arbitral tribunal, or the arbitration proceedings, was not in
accordance with the procedure agreed of the parties. HOWEVER: If the parties have no
such procedure agreement, nevertheless, the procedure observed in the composition of
the arbitral tribunal or during the arbitration proceedings, violates the law of the country
where the FA took place;
(e) The oppositor:
(1) Was not given proper notice - regarding the appointment of arbitrator/s; or
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(2) Was not given proper notice - regarding the FA proceedings such that he was unable to
present his case
(f) The FA award has not yet become binding, or it has been set-aside, or it has been
suspended, - by the court of the country where the FA award was rendered;
(g) The subject-matter of the FA - is not capable of arbitration under Philippine law
Note: Section 6 ADRA: Excepted from ADR Law: [a] labor disputes,[b] civil status of persons,
[c] validity of a marriage (void or voidable), [d] legal separation, [e] jurisdiction of courts, [f]
future legitime, [g] criminal liability, and [h] those disputes cannot be compromised under
the Philippines law (Note: Include "future support" pursuant to Article 2035 NCC)
(h) The FA award is contrary to public policy
NOW: The above enumerations are exclusive grounds to refuse recognizing and enforcing FA
award (otherwise, the RTC will dismiss the application for the refusal to recognize and enforce
FA Award)
 CONTENTS of the PETITION to RECOGNIZE AND ENFORCE FA AWARD (Rule 13.5 Special
ADR Rues)
The petitioner in his Petition - shall state the following:
(1) The addresses of the FA parties;
(2) The country where the FA award was rendered (unless the FA award already states therein
such country);
(3) The relief/s sought by the petitioner (i.e., Prayers)
AND: The Petition must attach the following (asides from other attachments [if any]):
(1) Authentic copy of the arbitration agreement; and
(2) Authentic copy of the FA award
(3) If the FA award is not in English language, then there shall attached with the Petition a
translation thereof certified by official or sworn translator, or by diplomatic/consular agent
of the Philippine in that country
When the RTC finds the Petition sufficient in form and substance, then it shall serve Notice to
the respondent attached therewith copy of the Petition to the respondent - which Notice
directs the respondent to file his Opposition to the Petition - within: 30 days reckoned from his
receipt of such Notice
 OPPOSITION to the PETITION (Rule 13.7 Special ADR Rules)
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The Opposition must be verified by a person who has personal knowledge of the facts stated in
such Opposition (i.e., "Verification")
Note: Meaning, the opposition can also be filed by a person who is not a party to the FA
provided that the facts he stated in the opposition must be within his personal knowledge
 SUBMISSION OF PLEADINGS (asides from Petition; Rule 13.8 Special ADR Rules)
If RTC finds that there are factual issue relevant to the ground/s alleged in the Petition and
Opposition thereto: The RTC shall motu proprio or upon request of any party, issue an "Order"
requiring the parties to simultaneously file their respective "Witness/es Affidavit" not less than
15 days nor more than 30 days reckoned from receipt of such "Order". Upon request of any
party with RTC and such request is granted, the RTC will issue "another Order" directing the
parties to submit their respective "Reply Affidavit" not less them 15 days nor more than 3 days
reckoned from receipt of such "another Order". In such Witness/es Affidavit and Reply Affidavit,
attached therewith documents supporting said affidavits
 WHEN WILL the RTC CONDUCTS ORAL HEARING (Rule 13.9 Special ADR Rules)
If on the basis of the Petition, any opposition to such Petition, Witness/es Affidavits and Reply
Affidavits (if any), the RTC finds that there is a need to conduct oral hearing - then the RTC shall
set the date of the oral hearing which shall have preference over other cases pending before
said RTC. During the oral hearing, the "Witness/es Affidavit" shall be deemed as direct
testimony of such witness subject to immediate cross-examination - AND: The RTC having full
control of the oral hearing shall conduct the same ensuring without undue delay
 (*) SUSPENSION (i.e., adjournment/deferment) of HEARING on the PETITION (Rule 13.10

Special ADR Rules)
The RTC may suspend the hearing on the Petition or the rendition of decision, if pending such
Petition, there filed a petition to set-aside/suspend the FA award filed with the competent
court of the country where such FA award was rendered - BUT: When upon request (or motion)
of the petitioner with the RTC, the RTC before granting the suspension, the RTC may order the
oppositor to give suitable security (i.e., to answer for damages caused by the suspension)
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 (*) The RTC in RESOLVING the PETITION (Rule 13.11 Special ADR Rules [BAR 2007])
The RTC shall either: (a) recognize and enforce the FA award, or (b) merely refuse recognizing
and enforcing the FA award
(a) PROHIBITION AGAINST the RTC
The RTC in resolving the Petition, it cannot disturb the findings of facts and
conclusion/interpretation of the law made by the FA tribunal
(b) PRESUMPTION in FAVOR of RECOGNIZING AND ENFORCING the FA AWARD
The RTC in resolving the Petition, it must give presumption that the FA award was rendered
in due course and for the RTC to recognize and enforce (UNLESS: The respondent proves any
of the grounds for the non-recognition of the FA award)
(c) If the RTC GRANTS the PETITION to RECOGNIZE AND ENFORCE FA AWARD
It shall be immediately executory
Note: If the RTC either grant/denies the Petition to Recognize and Enforce FA Award - its
subject to MR (see Rule 19.1 Par 1 [o] Special ADR Rules)
Note (*): Section 44 ADRA: When RTC confirms the FA Award, then it shall be enforced as
FA Award in accordance with Special ADR Rules and not as "foreign judgment" under the
Rules of Court particularly Rule 39 Section 48 ROC
 The RTC in RESOLVING the PETITION FOR THE RECOGNITION AND ENFORCEMENT of FA
AWARD - that is "NON-CONVENTION AWARD" (Rule 13.12 Special ADR Rules; Note: Non-
convention Award refers to FA Award rendered by country not signatory to New York
Convention for the Recognition and Enforcement of Foreign Arbitral Award)
When the non-signatory country where the FA award was rendered, also extends comity
and reciprocity towards ADR awards rendered in the Philippines: Then the RTC will treat
the non-convention award as "as-in Convention Award" and hear the Petition to Recognize
and Enforce FA Award - according to grounds provided under Special ADR Rules
When the non-signatory country where the FA award was rendered, does not extend
comity and reciprocity towards ADR awards rendered in the Philippines: Then the RTC may
hear the Petition to Recognize and Enforce FA Award not as "as-in Convention Award" but
rather will treat such FA award as "foreign judgment" enforceable in the Philippines
according to Rule 39 Section 48 ROC
Comment (BAR 2007): Rule 39 Section 48 ROC. Effect of Foreign Judgments or Final Orders
- upon Philippine Courts: Are as follows:
(a) In case such foreign judgment/final order is upon specific thing: It is conclusive upon
Philippine courts
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(b) In case such judgment/final order is against person: It is a presumptive evidence of
right between the parties and their successors-in-interest
HOWEVER: Such foreign judgment/final order can be refuted/opposed in Philippine court:
(1) when the foreign court had no jurisdiction over the subject-matter of the action, (2)
when the foreign court did not acquire jurisdiction over the person of either of the parties
(e.g., invalid service of summon), (3) collusion between parties (e.g., annulment of
marriage), (4) fraud committed by one party against the other that resulted to the latter
defaulted in the action, or (5) the foreign court committed clear mistake of fact and/or law
Comments: For foreign judgment (i.e., not FA Award) to be recognized in the Philippines, a
Petition must be filed with RTC (being court of general jurisdiction) and prove such foreign
judgment as a fact according to the Rules on Evidence particularly Rule 132 Section 24 and
25 ROC - i.e., by official publication of the foreign judgment in the foreign country, or
certified copy of the foreign judgment (e.g., made by Philippine diplomatic/consular officer
in such foreign country), or copy attested by the record custodian of such foreign judgment
in the foreign country
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TOPIC SET A: CHAPTER 23. - PROVISIONS SPECIFIC to MEDIATION (Rule
14 to 15 Special ADR Rules)
RULE 14: GENERAL PROVISION to MEDIATION

Special ADR Rules on arbitration applies to court proceedings relative to mediation - whenever
applicable and appropriate
Notes:
(a) In other words, RULE 14 implies that in the absence of specific Special ADR Rules on
mediation, then the Special ADR Rules on arbitration applies to mediation by suppletory -
provided it is appropriate
(b) Remember that RULE 14 and RULE 15 speaks about court proceedings on successful
mediation that originated extrajudicially from the mediator under ADRA - particularly the
deposit of the written settlement with the RTC Clerk of Court (RTC COC), and the
enforcement of the written settlement in case one of the parties does not fully comply with
written settlement.
 Difference between mediation under ADRA and mediation under Judicial Dispute
Resolution - in relation to Rule 14 & 15 Special ADR Rules
Remember that Rule 14 and Rule 15 of the Special ADR Rules do not refer to judiciary's
own court-annexed mediation which is different from mediation under ADRA
1. In mediation under JDR: the former there is action filed in court which is mediatable
then followed by a judicial mediation system which is mandatory conducted by PMC
JDR Judge (whether Court-annexed Mediation [CAM] or Appeals Court Mediation
[ACM])
While mediation under ADRA: There is a mediation filed under ADRA which is
voluntary conducted by mediator under ADRA and RTC only comes into picture for
purposes of enforcing the written settlement after successful mediation
2. In JDR, when the mediation is successful, the parties shall sign a Compromise
Agreement before the JDR Judge, and then the latter shall furnish a copy of that
Compromise Agreement to the court for the latter's approval and when approved,
the court shall issue a Judgment based on the Compromise Agreement
In JDR, when the mediation is unsuccessful, the JDR Judge shall notify the court of
that fact, and then the court shall proceed with the trial of the action
Under ADRA, when the mediation is successful, the parties shall sign a written
settlement (or compromise agreement) before the ADRA mediator, and the a copy of
that written settlement shall be deposited with the RTC COC for purposes of
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enforcing said written settlement (in case the other party refuses to comply with that
written settlement)
Under ADRA, when the mediation is unsuccessful, that's the end
RULE 15: DEPOSIT and ENFORCEMENT of (successful) MEDIATED (written) SETTLEMENT

AGREEMENTS
 (*) DEPOSIT of WRITTEN SETTLEMENT - AFTER a SUCCESSFUL MEDIATION
(a) WHO MAKES and WHEN DEPOSIT is MADE, and the RTC VENUE(after successful mediation;
Rule 15.1,15.2 and 15.3 Special ADR Rules)
(After the successful mediation under ADRA conducted by the mediator) Any party to the
mediation can unilaterally deposit with notice to the other party/ies or all parties to the
mediation can jointly deposit - with the RTC Clerk of Court (RTC COC) the written
settlement agreement - AT: Anytime after a successful mediation. The RTC venue shall be
in any of the places below:
(a) Where the principal place of business of any of the mediation parties - is located in the
Philippines; or
(b) Where the residence of any of parties - is located in the Philippines; or
(c) NCR
Note: Rule 15.1, 15.2 and 15.3 can be made after the successful mediation - where the
written settlement is to be deposited with the COC of RTC - and this depositing with COC of
RTC can be made ahead even if in the written settlement the execution thereof is to be
executed in the future
(b) DUTY of the COC of RTC - to KEEP REGISTRY BOOK (Rule 15.4 Special ADR Rules)
Each RTC COC shall keep Registry Book that shall chronologically record of all (successfully)
mediated settlement agreements that are deposited with his RTC, as well as the names and
addresses of the mediation parties, and the date of depositing of the written settlement -
afterwhich, the RTC COC shall issue a Certificate of Deposit to the party/ies who made the
deposit
 (*) ENFORCEMENT of (successfully) MEDIATED (written) SETTLEMENT AGREEMENT

(a) ENFORCEMENT of the DEPOSITED WRITTEN SETTLEMENT (Rule 15.5 Special ADR Rules)
After the written mediation settlement is deposited with RTC COC, any of the mediation
parties (whether or not he made/participated in the depositing) can file a verified Petition
with the RTC (where deposit was made) to enforce/execute the written settlement - in case
of breach of that written settlement
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Note: A Petition cannot be made unless there has been a "deposit" made with COC of RTC
(see Rule 15.5 [c] [2])
(b) CONTENTS of the PETITION (Rule 15.6 Special ADR Rules)
(1) Name of all mediation parties (including those who may be affected by the Petition), and
their designation whether as petitioner or respondent;
Note: The one who breached the settlement agreement shall be designated as
respondent, including those persons who is/are privy with the breaching-party/ies
(2) Addresses of the petitioner/s and respondent/s;
(3) Ultimate facts showing that the adverse party has defaulted (breached) the written
settlement agreement;
(4) Attached with the Petition:
(i) Authentic copy of the mediated written settlement agreement (i.e., written
settlement after successful mediation); and
(ii) Certificate of Deposit showing that the written settlement agreement was deposited
with COC of RTC
Note:The petitioner must serve copy of the Petition to the respondent considering that the
Petition is summary in nature pursuant to Rule 1.3 [i] [A] in relation to Rule 15.8 Special ADR
Rules. The Petition asides from "Verification", must also state "Certificate Against Forum
Shopping" pursuant to Rule 1.5 Special ADR Rules the Petition being an "initiatory pleading"
(c) OPPOSITION to PETITION (Rule 15.7 Special ADR Rules)
The respondent can file his Opposition to the Petition - within 15 days reckoned from his
receipt of the copy of the Petition (see Rule 1.3 [i] [A] Special ADR Rules) - AND:
(1) State therein his defenses; and
(2) Attached with the Petition documentary proof of compliance with the settlement
agreement (if any)
(d) RTC in RESOLVING the PETITION (Rule 15.8 Special ADR Rules)
After summary hearing, if the RTC finds the settlement agreement is valid, and no merit on
the Opposition to the Petition, and the respondent breached the settlement agreement (in
whole or in part) - THEN: The RTC shall issue an "Order" for the enforcement/execution of
the written settlement agreement - OTHERWISE: The RTC shall dismiss the Petition
Note: When the RTC either grants/dismiss the Petition - it is subject to MR (see Rule 19.1 Par
1 [p] Special ADR Rules)
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TOPIC SET A: CHAPTER 24. - PROVISIONS SPECIFIC to CONSTRUCTION
ARBITRATION (Rule 16 to 17 Special ADR Rules)
(*) RULE 16 and 16.1: GENERAL PROVISION to MEDIATION (BAR 2015)

The rules under Special ADR Rules regarding arbitration, shall be adopted and made applicable
to rules regarding construction arbitration - whenever applicable and appropriate
Note: In other words, in the absence of specific rules under Special ADR Rules regarding
construction arbitration, then the rules under Special ADR Rules regarding arbitration shall be
adopted - provided it is applicable and appropriate
Note: 2015 BAR:
Water Builders, a construction company based in Makati City, entered into a
construction agreement with Super Powers, Inc., an energy company based in Manila,
for the construction of a mini hydro electric plant. Water Builders failed to complete the
project within the stipulated duration. Super Powers cancelled the contract. Water
Builders filed a request for arbitration with the Construction Industry Arbitration
Commission (CIAC). After due proceedings, CIAC rendered judgment in favor of Super
Powers, Inc. ordering Water Builders to pay the former P 10 million, the full amount of
the down payment paid, and P2 million by way of liquidated damages. Dissatisfied with
the CIAC's judgment, Water Builders, pursuant to the Special Rules of Court on
Alternative Dispute Resolution (ADR Rules) filed with the RTC of Pasay City a Petition to
Vacate the CIAC arbitral award. Super Powers, Inc., in its opposition, moved to dismiss
the petition, invoking the ADR Rules, on the ground of improper venue as neither of the
parties were doing business in Pasay City.
Should Water Builders' petition be dismissed? (3%)
ANSWER: YES
Special ADR Rules: PART IV. - PROVISIONS SPECIFIC TO CONSTRUCTION ARBITRATION
Rule 16.1. Application of the rules on arbitration. - Whenever applicable and
appropriate, the rules on arbitration shall be applied in proceedings before the court
relative to a dispute subject to construction arbitration.
Special ADR Rules: RULE 11: CONFIRMATION, CORRECTION OR VACATION OF AWARD
IN DOMESTIC ARBITRATION
Rule 11.3. Venue. - The petition for confirmation, correction/modification or vacation
of a domestic arbitral award may be filed with Regional Trial Court having jurisdiction
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over the place in which one of the parties is doing business, where any of the parties
reside or where arbitration proceedings were conducted (Note: CIAC is located in Makati
City)
RULE 17: REFERRAL by RTC to CIAC ARBITRATION

 (*) DISMISSAL of the (premature) ACTION (Rule 17.1 Special ADR Rules)
The RTC where filed with it an action the subject-matter of which is a construction dispute,
upon gaining knowledge that the parties to the action have entered into arbitration
agreement - SHALL: Dismiss the action either motu proprio made or upon Motion filed not
later than the pre-trial conference stage of the action (see Action 24 ADRA) - AND: Refer
the parties to arbitration before the Construction Industry Arbitration Commission (CIAC)
UNLESS: The there is a written agreement entered into by all parties and assisted by their
respective counsel that the dispute shall be "exclusively" resolved by judicial action
Comments: It means that the RTC should dismiss the action regarding construction
controversy filed with it either by motu proprio or by motion provided such motu proprio
dismissal was made or the motion was filed not later than the pre-trial conference stage of
the action - otherwise, the RTC shall proceed to trial. But if the parties after having entered
into arbitration agreement and the construction dispute already filed with CIAC, then CIAC
shall have the exclusive jurisdiction to the exclusion of the court.
 (*) FORM and CONTENTS of MOTION TO DISMISS THE ACTION and REFER the ACTION to
CIAC ARBITRATION (Rule 17.2 Special ADR Rules)
The Motion shall be verified - AND:
(1) State therein that the dispute is a construction dispute; and
(2) Attached with the Motion the arbitration agreement
BUT: If such arbitration agreement is already part of the record of the case (e.g., as
when the same already attached with the Action previously filed) - THEN: Such Motion
need not attach the arbitration agreement - PROVIDED: That the movant shall make
particular/specific reference in his Motion regarding the existence of arbitration
agreement found in the records of the action (e.g., "found in the records of the case is
an arbitration agreement x x x")
(3) The Motion shall contain "Notice of Hearing" (served by the movant to) and addressed
to all parties, stating therein the date and time the Motion will be heard - WHICH:
"Notice of Hearing" shall be scheduled by the movant within 15 days from filing of the
Motion with the RTC and ensuring that all parties must have received the Motion at
least 3 days before the date of the motion hearing (scheduled by movant in his Motion)
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Note: This 15/3-day rule is similar to Rule 15 Section 4 and 5 ROC, the only difference is
that in the latter it is 10/3 day rule. The Motion that does not comply with the 10/3-day
rule under ROC (or in this case, 15/3-day rule under Special ADR Rules), is a mere scrap
of paper not to be recognized/honored by the court (Tan vs. CA, GR 130314, Sep. 22,
1998)
 OPPOSITION to the MOTION TO DISMISS and REFER the ACTION to CIAC ARBITRATION
Rule 17.3 Special ADR Rules)
Upon receipt by the other party/ies of the Motion (served to him by the movant), he can file
his opposition to the Motion (e.g., Comment/Objection/Opposition) on/before the date of
Motion hearing - WHICH: Opposition shall clearly set forth the reason/s why the RTC should
not dismiss the action
If no opposition is filed before/on the date of Motion hearing: The RTC shall motu proprio
resolve the Motion on the basis alleged in said Motion (Rule 17.5 Par 1 Special ADR Rules)
 HEARING on the MOTION to DISMISS and REFER the ACTION to CIAC ARBITRATION (Rule
The RTC shall hear the Motion only once for purposes of clarifying factual and legal issues
 RTC in RESOLVING the MOTION to DISMISS and REFER the ACTION to CIAC ARBITRATION
(*) The RTC will dismiss the Action and refer the case to CIAC Arbitration: If after Motion
hearing, the RTC finds on the basis of the pleadings and documents submitted by the
parties, there exists a valid and enforceable arbitration agreement involving construction
dispute - OTHERWISE: The RTC shall proceed with the action
In case of doubts whether or not there exists a valid and enforceable arbitration
agreement: The RTC shall resolve in favor the Motion and thereby dismiss the action and
refer it to CIAC
 (*) MULTIPLE ACTIONS and PARTIES (Rule 17.7 Special ADR Rules)
The RTC will still dismiss the action and refer it to CIAC for arbitration - despite any of the
following reasons:
(a) Not all disputes to the action can be referred to CIAC for arbitration (e.g., not all issues
raised in the action are about construction dispute); or
(b) Not all of the parties in the action are bound to the arbitration agreement (e.g., not
signatory) - so that the RTC will still refer the action to CIAC even if it will result to
38 | P a g e
multiplicity of suits (i.e., multiplicity of suits such that one suit with the RTC as to those
parties not bound by the arbitration agreement, and another suit with CIAC as to those
parties bound by the arbitration agreement)
(c) The issues raised in the action filed with RTC would be speedily and efficiently resolved
in its entirety by the RTC - rather than by CIAC arbitration; or
(d) Referral of the action by RTC to CIAC arbitration (insofar those signatories to the
arbitration agreement) - does not appear to be the most prudent; or
(e) The dismissal of the action by the RTC would prejudice the rights of those parties not
bound to the arbitration agreement (Comment: Meaning, those parties not bound by
the arbitration agreement will not be involved in the dismissal of the action by the RTC
but rather only those parties who are bound thereby - HOWEVER: An example of
prejudice that may affect those parties not bound by the arbitration agreement is when
the RTC may suspend the hearing on the action as to those parties not bound by the
arbitration agreement especially when the issues involved with the RTC and that in the
CIAC are closely intertwined akin to prejudicial question)
HOWEVER: The RTC may issue an Order the inclusions in the arbitration those parties who
are not bound either directly/by reference to the arbitration agreement - pursuant to
Section 34 ADRA (i.e., referring CIAL/EO 1008 governing dispute regarding construction
dispute)
NONETHELESS: The RTC shall issue an Order directing the action to proceed insofar as those
parties not bound to the arbitration agreement (Comment: How about if the issues before
the RTC and CIAC are closely intertwined that the RTC cannot proceed without first awaiting
for the decision of the CIAC akin to prejudicial question, then the RTC may suspend hearing
on the action)
 When RTC RESOLVED in FAVOR of the MOTION (Rule 17.6 Special ADR Rules)
The RTC Order dismissing the action and referring it to CIAC arbitration - such Order shall be
immediately executory
 REFERRAL of the ACTION by RTC to CIAC for ARBITRATION - DESPITE: NO PRE-EXISTING

ARBITRATION AGREEMENT of the parties (Rule 17.8 Special ADR Rules)
If pending the action with the RTC (i.e., at any stage of action), all the parties manifests
that desire to have their construction dispute/controversy by referred to CIAC, then the
RTC shall dismiss the action and refer the action to CIAC for arbitration
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CHAPTER 25. - PROVISIONS SPECIFIC to "OTHER FORMS OF ADR
SYSTEM" (Rule 18 Special ADR Rules)
 GENERAL PROVISIONS on "OTHER FORMS OF ADR SYSTEM" (Rule 18.1 Special ADR Rules)
(a) Rule 18 to govern procedures for matters brought before the court - involving the
following "other " ADR Forms, to wit:
(1) Early neutral evaluation
(2) Neutral evaluation
(3) Mini-trial
(4) Mediation-arbitration (Med-arb)
(5) Any other ADR from
Notes: Among the different forms of ADR, it is the mediation and arbitration that is the
most popular and commonly used by those who have disputes. However, parties to a
dispute is not limited to mediation or arbitration they can always choose other forms of
ADR pursuant to the principle of "Party Autonomy and Self-determination" to choose
whatever form of ADR they think best tailors/suits their dispute such as those enumerated
under Rule 18.1 Special ADR Rules.
(b) Special ADR Rules on "Mediation" - when applicable to "Other ADR Form" (Rule 18.2
Special ADR Rules)
When the "Other ADR Form" is more akin to "mediation" (i.e., neutral 3rd party who merely
assists the parties to "Other ADR Form" in reaching a voluntary/amicable settlement of their
dispute)
(c) Special ADR Rules on "Arbitration" - when applicable to "Other ADR Form" (Rule 18.3
Special ADR Rules)
When the "Other ADR Form" is more akin to "arbitration" (i.e., neutral 3rd party who has
the authority to render a binding decision on the parties to "Other ADR Form")
(d) Referral by Court of the Action to "Other ADR Form" (Rule 18.4 Special ADR Rules)
Before or during pre-trial conference: Any of the parties to the action can file Motion with
the court for the referral of the action to "other forms of ADR" - in which case, the court
shall suspend (not dismiss) the proceedings (and for the court to await for the result of the
"other" ADR forms)
Note: Why the court suspends and not dismiss? Because this "other forms of ADR" does
not render a binding decision. If the "other forms of ADR" is successful, then the parties
shall sign a compromise agreement and to be submitted to the court for its approval
40 | P a g e
At any stage of the action after the pr-trial conference: All parties can file a Joint Motion
with the court for the referral of the action to "other forms of ADR" - in which case, the
court shall suspend (not dismiss) the proceedings pursuant to Article 2030 NCC (and for the
court to await for the result of the "other" ADR forms; Article 2080 CC speaks about the
suspension not dismissal of the action)
Note: Why the court suspends and not dismiss? Because this "other forms of ADR" does
not render a binding decision. If the "other forms of ADR" is successful, then the parties
shall sign a compromise agreement and to be submitted to the court for its approval
(e) Filing with Court of the Settlement Agreement - after a Successful "Other ADR Form" (Rule
(After referral by the court where the case is pending) If the "other forms of ADR" is
successful, the parties shall executed a compromise agreement, and any of the parties can
submit such compromise agreement to the court (for its approval, and the court to render
judgment based on the compromise agreement)
Comment: Suppose the "other forms of ADR" is not successful, the court shall resume the
proceedings, proceed to trial and render judgment
41 | P a g e

ADR Finals

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ADR Finals

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FINAL TOPIC CHAPTER 18.

- SPECIFIC COURT RELIEF particularly

 CONTENTS of the PETITION (Rule 9.6 Special ADR Rules)

 COMMENT/OPPOSITION to the PETITION (Rule 9.7 Special ADR Rules)

 (*) PERPETUATION of TESTIMOINY of WITNESS - BEFORE the ARBITRAL TRIBUNAL is

 (*) COMMENT/OPPOSTION to the PETITION/MOTION (Rule 10.7 Special ADR Rules)

 (*) RELIEF/REMEDY against the RTC/Court GRANTING/DENYING the PETITION/MOTION

 ADVERSE CONSEQUENCE upon PERSON who DISOBEYS the GRANTED PETITION/MOTION

 FORM of PETITION (Rule 11.5 Special ADR Rules)

 CONTENTS of the PETITION (Rule 11.6 Special ADR Rules)

 HEARING on the PETITION (Rule 11.8 Special ADR Rules)

 (*) RTC VENUE (Rule 12.3 Special ADR Rules)

 FORM of the PETITION (Rule 12.6 Special ADR Rules)

 CONTENTS of the PETITION (Rule 12.7 Special ADR Rules)

 SUBMISSION of STATEMENT of COSTS (Rule 12.14 Special ADR Rules)

 (*) RTC VENUE (Rule 13.3 Special ADR Rules)

 OPPOSITION to the PETITION (Rule 13.7 Special ADR Rules)

 (*) SUSPENSION (i.e., adjournment/deferment) of HEARING on the PETITION (Rule 13.10

RULE 14: GENERAL PROVISION to MEDIATION

RULE 15: DEPOSIT and ENFORCEMENT of (successful) MEDIATED (written) SETTLEMENT

 (*) ENFORCEMENT of (successfully) MEDIATED (written) SETTLEMENT AGREEMENT

(*) RULE 16 and 16.1: GENERAL PROVISION to MEDIATION (BAR 2015)

RULE 17: REFERRAL by RTC to CIAC ARBITRATION

 REFERRAL of the ACTION by RTC to CIAC for ARBITRATION - DESPITE: NO PRE-EXISTING

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