A.M. No.
07-9-12-SC When issued by the Supreme Court or any of its
(25 September 2007)
THE RULE ON THE WRIT OF AMPARO
SECTION 1. Petition. – The petition for a writ of
amparo is a remedy available to any person whose
right to life, liberty and security is violated or threatened
with violation by an unlawful act or omission of a public
official or employee, or of a private individual or entity.
The writ shall cover extralegal killings and enforced
disappearances or threats thereof.
SEC. 2. Who May File. – The petition may be filed by
the aggrieved party or by any qualified person or entity
in the following order:
a. Any member of the immediate family, namely:
the spouse, children and parents of the
aggrieved party;
b. Any ascendant, descendant or collateral
relative of the aggrieved party within the
fourth civil degree of consanguinity or affinity,
in default of those mentioned in the preceding
paragraph; or
c. Any concerned citizen, organization,
association or institution, if there is no known
member of the immediate family or relative of
the aggrieved party.
The filing of a petition by the aggrieved party suspends
the right of all other authorized parties to file similar
petitions. Likewise, the filing of the petition by an
authorized party on behalf of the aggrieved party
suspends the right of all others, observing the order
established herein.
SEC. 3. Where to File. – The petition may be filed on
any day and at any time with the Regional Trial Court
of the place where the threat, act or omission was
committed or any of its elements occurred, or with the
Sandiganbayan, the Court of Appeals, the Supreme
Court, or any justice of such courts. The writ shall be
enforceable anywhere in the Philippines.
When issued by a Regional Trial Court or any judge
thereof, the writ shall be returnable before such court
or judge.
When issued by the Sandiganbayan or the Court of
Appeals or any of their justices, it may be returnable
before such court or any justice thereof, or to any
Regional Trial Court of the place where the threat, act
or omission was committed or any of its elements
occurred.
justices, it may be returnable before such Court or any
justice thereof, or before the Sandiganbayan or the
Court of Appeals or any of their justices, or to any
Regional Trial Court of the place where the threat, act
or omission was committed or any of its elements
occurred.
SEC. 4. No Docket Fees. – The petitioner shall be
exempted from the payment of the docket and other
lawful fees when filing the petition. The court, justice or
judge shall docket the petition and act upon it
immediately.
SEC. 5. Contents of Petition. – The petition shall be
signed and verified and shall allege the following:
a. The personal circumstances of the petitioner;
b. The name and personal circumstances of the
respondent responsible for the threat, act or
omission, or, if the name is unknown or
uncertain, the respondent may be described
by an assumed appellation;
c. The right to life, liberty and security of the
aggrieved party violated or threatened with
violation by an unlawful act or omission of the
respondent, and how such threat or violation
is committed with the attendant
circumstances detailed in supporting
affidavits;
d. The investigation conducted, if any,
specifying the names, personal
circumstances, and addresses of the
investigating authority or individuals, as well
as the manner and conduct of the
investigation, together with any report;
e. The actions and recourses taken by the
petitioner to determine the fate or
whereabouts of the aggrieved party and the
identity of the person responsible for the
threat, act or omission; and
f. The relief prayed for.
The petition may include a general prayer for other just
and equitable reliefs.
SEC. 6. Issuance of the Writ. – Upon the filing of the
petition, the court, justice or judge shall immediately
order the issuance of the writ if on its face it ought to
issue. The clerk of court shall issue the writ under the
seal of the court; or in case of urgent necessity, the
justice or the judge may issue the writ under his or her
own hand, and may deputize any officer or person to
serve it.
The writ shall also set the date and time for summary
hearing of the petition which shall not be later than
seven (7) days from the date of its issuance.
SEC. 7. Penalty for Refusing to Issue or Serve the
Writ. – A clerk of court who refuses to issue the writ
after its allowance, or a deputized person who refuses
to serve the same, shall be punished by the court,
justice or judge for contempt without prejudice to other
disciplinary actions.
SEC. 8. How the Writ is Served. – The writ shall be
served upon the respondent by a judicial officer or by a
person deputized by the court, justice or judge who
shall retain a copy on which to make a return of service.
In case the writ cannot be served personally on the
respondent, the rules on substituted service shall
apply.
SEC. 9. Return; Contents. – Within seventy-two (72)
hours after service of the writ, the respondent shall file
a verified written return together with supporting
affidavits which shall, among other things, contain the
following:
a. The lawful defenses to show that the
respondent did not violate or threaten with
violation the right to life, liberty and security of
the aggrieved party, through any act or
omission;
b. The steps or actions taken by the respondent
to determine the fate or whereabouts of the
aggrieved party and the person or persons
responsible for the threat, act or omission;
c. All relevant information in the possession of
the respondent pertaining to the threat, act or
omission against the aggrieved party; and
d. If the respondent is a public official or
employee, the return shall further state the
actions that have been or will still be taken:
i. to verify the identity of the aggrieved
party;
ii. to recover and preserve evidence
related to the death or
disappearance of the person
identified in the petition which may
aid in the prosecution of the person
or persons responsible;
iii. to identify witnesses and obtain
statements from them concerning
the death or disappearance;
iv. to determine the cause, manner,
location and time of death or
disappearance as well as any
pattern or practice that may have
brought about the death or
disappearance;
v. to identify and apprehend the person
or persons involved in the death or
disappearance; and
vi. to bring the suspected offenders
before a competent court.
The return shall also state other matters relevant to the
investigation, its resolution and the prosecution of the
case.
A general denial of the allegations in the petition shall
not be allowed.
SEC. 10. Defenses not Pleaded Deemed Waived. —
All defenses shall be raised in the return, otherwise,
they shall be deemed waived.
SEC. 11. Prohibited Pleadings and Motions. – The
following pleadings and motions are prohibited:
a. Motion to dismiss;
b. Motion for extension of time to file return,
opposition, affidavit, position paper and other
pleadings;
c. Dilatory motion for postponement;
d. Motion for a bill of particulars;
e. Counterclaim or cross-claim;
f. Third-party complaint;
g. Reply;
h. Motion to declare respondent in default;
i. Intervention;
j. Memorandum;
k. Motion for reconsideration of interlocutory
orders or interim relief orders; and
l. Petition for certiorari, mandamus or
prohibition against any interlocutory order.
SEC. 12. Effect of Failure to File Return. — In case
the respondent fails to file a return, the court, justice or
judge shall proceed to hear the petition ex parte.
SEC. 13. Summary Hearing. — The hearing on the
petition shall be summary. However, the court, justice
or judge may call for a preliminary conference to
simplify the issues and determine the possibility of
obtaining stipulations and admissions from the parties.
The hearing shall be from day to day until completed
and given the same priority as petitions for habeas
corpus.
SEC. 14. Interim Reliefs. — Upon filing of the petition
or at anytime before final judgment, the court, justice or
judge may grant any of the following reliefs:
(a) Temporary Protection Order. – The court,
justice or judge, upon motion or motu proprio,
may order that the petitioner or the aggrieved
party and any member of the immediate
family be protected in a government agency
or by an accredited person or private
institution capable of keeping and securing
their safety. If the petitioner is an organization,
association or institution referred to in Section
3(c) of this Rule, the protection may be
extended to the officers involved.
The Supreme Court shall accredit the persons
and private institutions that shall extend
temporary protection to the petitioner or the
aggrieved party and any member of the
immediate family, in accordance with
guidelines which it shall issue.
The accredited persons and private
institutions shall comply with the rules and
conditions that may be imposed by the court,
justice or judge.
(b) Inspection Order. — The court, justice or
judge, upon verified motion and after due
hearing, may order any person in possession
or control of a designated land or other
property, to permit entry for the purpose of
inspecting, measuring, surveying, or
photographing the property or any relevant
object or operation thereon.
The motion shall state in detail the place or
places to be inspected. It shall be supported
by affidavits or testimonies of witnesses
having personal knowledge of the enforced
disappearance or whereabouts of the
aggrieved party.
If the motion is opposed on the ground of
national security or of the privileged nature of
the information, the court, justice or judge
may conduct a hearing in chambers to
determine the merit of the opposition.
The movant must show that the inspection
order is necessary to establish the right of the
aggrieved party alleged to be threatened or
violated.
The inspection order shall specify the person
or persons authorized to make the inspection
and the date, time, place and manner of
making the inspection and may prescribe
other conditions to protect the constitutional
rights of all parties. The order shall expire five
(5) days after the date of its issuance, unless
extended for justifiable reasons.
(c) Production Order. – The court, justice or
judge, upon verified motion and after due
hearing, may order any person in possession,
custody or control of any designated
documents, papers, books, accounts, letters,
photographs, objects or tangible things, or
objects in digitized or electronic form, which
constitute or contain evidence relevant to the
petition or the return, to produce and permit
their inspection, copying or photographing by
or on behalf of the movant.
The motion may be opposed on the ground of
national security or of the privileged nature of
the information, in which case the court,
justice or judge may conduct a hearing in
chambers to determine the merit of the
opposition.
The court, justice or judge shall prescribe
other conditions to protect the constitutional
rights of all the parties.
(d) Witness Protection Order. – The court,
justice or judge, upon motion or motu proprio,
may refer the witnesses to the Department of
Justice for admission to the Witness
Protection, Security and Benefit Program,
pursuant to Republic Act No. 6981.
The court, justice or judge may also refer the
witnesses to other government agencies, or
to accredited persons or private institutions
capable of keeping and securing their safety.
SEC. 15. Availability of Interim Reliefs to
Respondent. – Upon verified motion of the respondent
and after due hearing, the court, justice or judge may
issue an inspection order or production order under
paragraphs (b) and (c) of the preceding section.
A motion for inspection order under this section shall
be supported by affidavits or testimonies of witnesses
having personal knowledge of the defenses of the
respondent.
SEC. 16. Contempt. – The court, justice or judge may
order the respondent who refuses to make a return, or
who makes a false return, or any person who otherwise
disobeys or resists a lawful process or order of the
court to be punished for contempt. The contemnor may
be imprisoned or imposed a fine.
SEC. 17. Burden of Proof and Standard of
Diligence Required. – The parties shall establish their
claims by substantial evidence.
The respondent who is a private individual or entity
must prove that ordinary diligence as required by
applicable laws, rules and regulations was observed in
the performance of duty.
The respondent who is a public official or employee
must prove that extraordinary diligence as required by
applicable laws, rules and regulations was observed in
the performance of duty.
The respondent public official or employee cannot SEC. 23. Consolidation. – When a criminal action is
invoke the presumption that official duty has been filed subsequent to the filing of a petition for the writ,
regularly performed to evade responsibility or liability. the latter shall be consolidated with the criminal action.

SEC. 18. Judgment. — The court shall render
judgment within ten (10) days from the time the petition
is submitted for decision. If the allegations in the
petition are proven by substantial evidence, the court
shall grant the privilege of the writ and such reliefs as
may be proper and appropriate; otherwise, the
privilege shall be denied.
When a criminal action and a separate civil action are
filed subsequent to a petition for a writ of amparo, the
latter shall be consolidated with the criminal action.
After consolidation, the procedure under this Rule shall
continue to apply to the disposition of the reliefs in the
petition.

SEC. 19. Appeal. – Any party may appeal from the
final judgment or order to the Supreme Court under
Rule 45. The appeal may raise questions of fact or law
or both.
The period of appeal shall be five (5) working days from
the date of notice of the adverse judgment.
SEC. 24. Substantive Rights. — This Rule shall not
diminish, increase or modify substantive rights
recognized and protected by the Constitution.
SEC. 25. Suppletory Application of the Rules of
Court. – The Rules of Court shall apply suppletorily
insofar as it is not inconsistent with this Rule.

The appeal shall be given the same priority as in
habeas corpus cases.
SEC. 20. Archiving and Revival of Cases. – The
court shall not dismiss the petition, but shall archive it,
if upon its determination it cannot proceed for a valid
cause such as the failure of petitioner or witnesses to
appear due to threats on their lives.
SEC. 26. Applicability to Pending Cases. – This
Rule shall govern cases involving extralegal killings
and enforced disappearances or threats thereof
pending in the trial and appellate courts.
SEC. 27. Effectivity. – This Rule shall take effect on
October 24, 2007, following its publication in three (3)
newspapers of general circulation.

A periodic review of the archived cases shall be made

by the amparo court that shall, motu proprio or upon
motion by any party, order their revival when ready for
further proceedings. The petition shall be dismissed
with prejudice upon failure to prosecute the case after
the lapse of two (2) years from notice to the petitioner
of the order archiving the case.

The clerks of court shall submit to the Office of the

Court Administrator a consolidated list of archived
cases under this Rule not later than the first week of
January of every year.

SEC. 21. Institution of Separate Actions. — This

Rule shall not preclude the filing of separate criminal,
civil or administrative actions.

SEC. 22. Effect of Filing of a Criminal Action. –

When a criminal action has been commenced, no
separate petition for the writ shall be filed. The reliefs
under the writ shall be available by motion in the
criminal case.

The procedure under this Rule shall govern the

disposition of the reliefs available under the writ of
amparo.
 RULE 7
WRIT OF KALIKASAN
Section 1. Nature of the writ. - The writ is a remedy
available to a natural or juridical person, entity
authorized by law, people’s organization, non-
governmental organization, or any public interest group
accredited by or registered with any government
agency, on behalf of persons whose constitutional right
to a balanced and healthful ecology is violated, or
threatened with violation by an unlawful act or omission
of a public official or employee, or private individual or
entity, involving environmental damage of such
magnitude as to prejudice the life, health or property of
inhabitants in two or more cities or provinces.
Section 2. Contents of the petition. - The verified
petition shall contain the following:
(a) The personal circumstances of the
petitioner;
(b) The name and personal circumstances of
the respondent or if the name and personal
circumstances are unknown and uncertain,
the respondent may be described by an
assumed appellation;
(c) The environmental law, rule or regulation
violated or threatened to be violated, the act
or omission complained of, and the
environmental damage of such magnitude as
to prejudice the life, health or property of
inhabitants in two or more cities or provinces.
(d) All relevant and material evidence
consisting of the affidavits of witnesses,
documentary evidence, scientific or other
expert studies, and if possible, object
evidence;
(e) The certification of petitioner under oath
that: (1) petitioner has not commenced any
action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial
agency, and no such other action or claim is
pending therein; (2) if there is such other
pending action or claim, a complete statement
of its present status; (3) if petitioner should
learn that the same or similar action or claim
has been filed or is pending, petitioner shall
report to the court that fact within five (5) days
therefrom; and
(f) The reliefs prayed for which may include a
prayer for the issuance of a TEPO.
Section 3. Where to file. - The petition shall be filed
with the Supreme Court or with any of the stations of
the Court of Appeals.
Section 4. No docket fees. - The petitioner shall be
exempt from the payment of docket
fees.
Section 5. Issuance of the writ. - Within three (3) days
from the date of filing of the petition, if the petition is
sufficient in form and substance, the court shall give an
order: (a) issuing the writ; and (b) requiring the
respondent to file a verified return as provided in
Section 8 of this Rule. The clerk of court shall forthwith
issue the writ under the seal of the court including the
issuance of a cease and desist order and other
temporary reliefs effective until further order.
Section 6. How the writ is served. - The writ shall be
served upon the respondent by a court officer or any
person deputized by the court, who shall retain a copy
on which to make a return of service. In case the writ
cannot be served personally, the rule on substituted
service shall apply.
Section 7. Penalty for refusing to issue or serve the
writ. - A clerk of court who unduly delays or refuses to
issue the writ after its allowance or a court officer or
deputized person who unduly delays or refuses to
serve the same shall be punished by the court for
contempt without prejudice to other civil, criminal or
administrative actions.
Section 8. Return of respondent; contents. - Within a
non-extendible period of ten (10) days after service of
the writ, the respondent shall file a verified return which
shall contain all defenses to show that respondent did
not violate or threaten to violate, or allow the violation
of any environmental law, rule or regulation or commit
any act resulting to environmental damage of such
magnitude as to prejudice the life, health or property of
inhabitants in two or more cities or provinces.
All defenses not raised in the return shall be deemed
waived.
The return shall include affidavits of witnesses,
documentary evidence, scientific or other expert
studies, and if possible, object evidence, in support of
the defense of the respondent.
A general denial of allegations in the petition shall be
considered as an admission thereof.
Section 9. Prohibited pleadings and motions. - The
following pleadings and motions are prohibited:
 (a) Motion to dismiss;
(b) Motion for extension of time to file return;
(c) Motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply; and
(h) Motion to declare respondent in default.
Section 10. Effect of failure to file return. - In case the
respondent fails to file a return, the court shall proceed
to hear the petition ex parte.
Section 11. Hearing. - Upon receipt of the return of the
respondent, the court may call a preliminary
conference to simplify the issues, determine the
possibility of obtaining stipulations or admissions from
the parties, and set the petition for hearing.
The hearing including the preliminary conference shall
not extend beyond sixty (60) days and shall be given
the same priority as petitions for the writs of habeas
corpus, amparo and habeas data.
Section 12. Discovery Measures. - A party may file a
verified motion for the following reliefs:
(a) Ocular Inspection; order — The motion
must show that an ocular inspection order is
necessary to establish the magnitude of the
violation or the threat as to prejudice the life,
health or property of inhabitants in two or
more cities or provinces. It shall state in detail
the place or places to be inspected. It shall be
supported by affidavits of witnesses having
personal knowledge of the violation or
threatened violation of environmental law.
After hearing, the court may order any person
in possession or control of a designated land
or other property to permit entry for the
purpose of inspecting or
photographing the property or any relevant
object or operation thereon.
The order shall specify the person or persons
authorized to make the inspection and the
date, time, place and manner of making the
inspection and may prescribe other conditions
to protect the constitutional rights of all
parties.
(b) Production or inspection of documents or
things; order – The motion must show that a
production order is necessary to establish the
magnitude of the violation or the threat as to
prejudice the life, health or property of
inhabitants in two or more cities or provinces.
After hearing, the court may order any person
in possession, custody or control of any
designated documents, papers, books,
accounts, letters, photographs, objects or
tangible things, or objects in digitized or
electronic form, which constitute or contain
evidence relevant to the petition or the return,
to produce and permit their inspection,
copying or photographing by or on behalf of
the movant.
The production order shall specify the person or
persons authorized to make the production and the
date, time, place and manner of making the inspection
or production and may prescribe other conditions to
protect the constitutional rights of all parties.
Section 13. Contempt. - The court may after hearing
punish the respondent who refuses or unduly delays
the filing of a return, or who makes a false return, or
any person who disobeys or resists a lawful process or
order of the court for indirect contempt under Rule 71
of the Rules of Court.
Section 14. Submission of case for decision; filing of
memoranda. - After hearing, the court shall issue an
order submitting the case for decision. The court may
require the filing of memoranda and if possible, in its
electronic form, within a non-extendible period of thirty
(30) days from the date the petition is submitted for
decision.
Section 15. Judgment. - Within sixty (60) days from
the time the petition is submitted for decision, the court
shall render judgment granting or denying the privilege
of the writ of kalikasan.
The reliefs that may be granted under the writ are the
following:
(a) Directing respondent to permanently
cease and desist from committing acts or
neglecting the performance of a duty in
violation of environmental laws resulting in
environmental destruction or damage;
(b) Directing the respondent public official,
government agency, private person or entity
 to protect, preserve, rehabilitate or restore the
environment;

(c) Directing the respondent public official,

government agency, private person or entity
to monitor strict compliance with the decision
and orders of the court;

(d) Directing the respondent public official,

government agency, or private person or
entity to make periodic reports on the
execution of the final judgment; and

(e) Such other reliefs which relate to the right

of the people to a balanced and healthful
ecology or to the protection, preservation,
rehabilitation or restoration of the

environment, except the award of damages to

individual petitioners.

Section 16. Appeal. - Within fifteen (15) days from the

date of notice of the adverse judgment or denial of
motion for reconsideration, any party may appeal to the
Supreme Court under Rule 45 of the Rules of Court.
The appeal may raise questions of fact.

Section 17. Institution of separate actions. - The filing

of a petition for the issuance of the writ of kalikasan
shall not preclude the filing of separate civil, criminal or
administrative actions.
 A.M. No. 03-04-04-SC April 22, 2003
RE: PROPOSED RULE ON CUSTODY OF MINORS
AND WRIT OF HABEAS CORPUS
IN RELATION TO CUSTODY OF MINORS
RESOLUTION
Acting on the letter of the Chairman of the Committee
on Revision of the Rules of Court submitting for this
Court’s consideration and approval the Proposed Rule
on custody of Minors and Writ of Habeas Corpus in
Relation to Custody of Minors, the Court Resolved to
APPROVE the same.
The Rule shall take effect on May 15, 2003 following
its publication in a newspaper of general circulation not
later than April 30, 2003.
April 22, 2003
RULE ON CUSTODY OF MINORS AND WRIT OF
HABEAS CORPUS
IN RELATION TO CUSTODY OF MINORS
SECTION 1. Applicability. - This rule shall apply to
petitions for custody of minors and writs of habeas
corpus in relation thereto.
The Rules of Court shall apply suppletorily.
Section 2. Petition for custody of minors; who may
file.- A verified petition for the rightful custody of a
minor may be filed by any person claiming such right.
The party against whom it may be filed shall be
designated as the respondent.
Section 3. Where to file petition. - The petition for
custody of minors shall be filed with the Family Court
of the province or city where the petitioner resides or
where the minor may be found.
Section 4. Contents of petition. - The verified petition
shall allege the following:
(a) The personal circumstances of the
petitioner and of the respondent;
(b) The name, age and present whereabouts
of the minor and his or her relationship to the
petitioner and the respondent;
(c) The material operative facts constituting
deprivation of custody; and
(d) Such other matters which are relevant to
the custody of the minor.
The verified petition shall be accompanied by a
certificate against forum shopping, which the petitioner
must sign personally.
Section 5. Summons; personal service on
respondent. - If the court is satisfied that the petition
is sufficient in form and substance, it shall direct the
clerk of court to issue summons, which shall be served
together with a copy of the petition personally on the
respondent.
Section 6. Motion to Dismiss. - A motion to dismiss
the petition is not allowed except on the ground of lack
of jurisdiction over the subject matter or over the
parties. Any other ground that might warrant the
dismissal of the petition may be raised as an affirmative
defense in the answer.
Section 7. Verified Answer. - The respondent shall
file an answer to the petition, personally verified by him,
within five days after service of summons and a copy
of the petition.
Section 8. Case study; duty of social worker. -
Upon the filing of the verified answer or the expiration
of the period to file it, the court may order a social
worker to make a case study of the minor and the
parties and to submit a report and recommendation to
the court at least three days before the scheduled pre-
trial.
Section 9. Notice of mandatory pre-trial. - Within
fifteen days after the filing of the answer or the
expiration of the period to file answer, the court shall
issue an order: (1) fixing a date for the pre-trial
conference; (2) directing the parties to file and serve
their respective pre-trial briefs in such manner as shall
ensure receipt thereof by the adverse party at least
three days before the date of pre-trial; and (3) requiring
the respondent to present the minor before the court.
The notice of its order shall be served separately on
both the parties and their respective counsels. The pre-
trial is mandatory.
Section 10. Contents of pre-trial brief. - The pre-trial
brief shall contain the following:
(a) A statement of the willingness of the
parties to enter into agreements that may be
allowed by law, indicating its terms;
(b) A concise statement of their respective
claims together with the applicable laws and
authorities;
 (c) Admitted facts and proposed stipulations
of facts;
(d) The disputed factual and legal issues;
(e) All the evidence to be presented, briefly
stating or describing its nature and purpose;
(f) The number and names of the witnesses
and their respective affidavits which shall
serve as the affiant's testimony on direct
examination; and
(g) Such other matters as the court may
require to be included in the pre-trial brief.
Failure to file the pre-trial brief or to comply with its
required contents shall have the same effect as failure
to appear at the pre-trial.
Section 11. Effect of failure to appear at the pre-
trial.-(a) If the petitioner fails to appear personally at
the pre-trial, the case shall be dismissed, unless his
counsel or a duly authorized representative appears in
court and proves a valid excuse for the non-
appearance of the petitioner.
(b) If the respondent has filed his answer but fails to
appear at the pre-trial, the petitioner shall be allowed
to present his evidence ex parte. The court shall then
render judgment on the basis of the pleadings and the
evidence thus presented.
Section 12. What may be done at pre-trial. - At the
pre-trial, the parties may agree on the custody of the
minor. If the parties fail to agree, the court may refer
the matter to a mediator who shall have five days to
effect an agreement between the parties. If the issue is
not settled through mediation, the court shall proceed
with the pre-trial conference, on which occasion it shall
consider such other matters as may aid in the prompt
disposition of the petition.
Section 13. Provisional order awarding custody. -
After an answer has been filed or after expiration of the
period to file it, the court may issue a provisional order
awarding custody of the minor. As far as practicable,
the following order of preference shall be observed in
the award of custody:
(a) Both parents jointly;
(b) Either parent, taking into account all
relevant considerations, especially the choice
of the minor over seven years of age and of
sufficient discernment, unless the parent
chosen is unfit;
(c) The grandparent, or if there are several
grandparents, the grandparent chosen by the
minor over seven years of age and of
sufficient discernment, unless the
grandparent chosen is unfit or disqualified;
(d) The eldest brother or sister over twenty-
one years of age, unless he or she is unfit or
disqualified;
(e) The actual custodian of the minor over
twenty-one years of age, unless the former is
unfit or disqualified; or
(f) Any other person or institution the court
may deem suitable to provide proper care and
guidance for the minor.
Section 14. Factors to consider in determining
custody. - In awarding custody, the court shall
consider the best interests of the minor and shall give
paramount consideration to his material and moral
welfare. The best interests of the minor refer to the
totality of the circumstances and conditions as are
most congenial to the survival, protection, and feelings
of security of the minor encouraging to his physical,
psychological and emotional development. It also
means the least detrimental available alternative for
safeguarding the growth and development of the
minor.
The court shall also consider the following:
(a) Any extrajudicial agreement which the
parties may have bound themselves to
comply with respecting the rights of the minor
to maintain direct contact with the non
custodial parent on a regular basis, except
when there is an existing threat or danger of
physical, mental, sexual or emotional violence
which endangers the safety and best interests
of the minor;
(b) The desire and ability of one parent to
foster an open and loving relationship
between the minor and the other parent;
(c) The health, safety and welfare of the
minor;
(d) Any history of child or spousal abuse by
the person seeking custody or who has had
any filial relationship with the minor, including
anyone courting the parent;
(e) The nature and frequency of contact with
both parents;
 (f) Habitual use of alcohol, dangerous drugs
or regulated substances;
(g) Marital misconduct;
(h) The most suitable physical, emotional,
spiritual, psychological and educational
environment for the holistic development and
growth of the minor; and
(i) The preference of the minor over seven
years of age and of sufficient discernment,
unless the parent chosen is unfit.
Section 15. Temporary visitation rights. - The court
shall provide in its order awarding provisional custody
appropriate visitation rights to the non-custodial parent
or parents, unless the court finds said parent or parents
unfit or disqualified.
The temporary custodian shall give the court and non
custodial parent or parents at least five days' notice of
any plan to change the residence of the minor or take
him out of his residence for more than three days
provided it does not prejudice the visitation rights of the
non-custodial parent or parents.
Section 16. Hold Departure Order. - The minor child
subject of the petition shall not be brought out of the
country without prior order from the court while the
petition is pending.
The court, motu proprio or upon application under oath,
may issue ex parte a hold departure order, addressed
to the Bureau of Immigration and Deportation, directing
it not to allow the departure of the minor from the
Philippines without the permission of the court.
The Family Court issuing the hold departure order shall
furnish the Department of Foreign Affairs and the
Bureau of Immigration and Deportation of the
Department of Justice a copy of the hold departure
order within twenty-four hours from its issuance and
through the fastest available means of transmittal.
The hold departure order shall contain the following
information:
(a) The complete name (including the middle
name), the date and place of birth, the
nationality and the place of last residence of
the person against whom a hold departure
order has been issued or whose departure
from the country has been enjoined;
(b) The complete title and docket number of
the case in which the hold departure order
was issued;
(c) The specific nature of the case;
(d) The date of the hold departure order; and
(e) A recent photograph, if available, of the
party against whom a hold departure order
has been issued or whose departure from the
country has been enjoined.
The court may recall the hold departure order motu
proprio, or upon verified motion of any of the parties
after summary hearing, subject to such terms and
conditions as may be necessary for the best interests
of the minor.
Section 17. Protection Order. - The court may issue
a Protection Order requiring any person:
(a) To stay away from the home, school,
business, or place of employment of the
minor, other parent or any other party, or from
any other specific place designated by the
court;
(b) To cease and desist from harassing,
intimidating, or threatening such minor or the
other parent or any person to whom custody
of the minor is awarded;
(c) To refrain from acts of commission or
omission that create an unreasonable risk to
the health, safety, or welfare of the minor;
(d) To permit a parent, or a party entitled to
visitation by a court order or a separation
agreement, to visit the minor at stated
periods;
(e) To permit a designated party to enter the
residence during a specified period of time in
order to take personal belongings not
contested in a proceeding pending with the
Family Court; and
(f) To comply with such other orders as are
necessary for the protection of the minor.
Section 18. Judgment. - After trial, the court shall
render judgment awarding the custody of the minor to
the proper party considering the best interests of the
minor.
If it appears that both parties are unfit to have the care
and custody of the minor, the court may designate
either the paternal or maternal grandparent of the
minor, or his oldest brother or sister, or any reputable
person to take charge of such minor, or commit him to
any suitable home for children.
In its judgment, the court may order either or both member thereof, issuing the writ shall be furnished a
parents to give an amount necessary for the support, copy of the decision.
maintenance and education of the minor, irrespective
of who may be its custodian. In determining the amount Section 21. Confidentiality of proceedings. - The
of support, the court may consider the following factors: hearings on custody of minors may, at the discretion of
(1) the financial resources of the custodial and non- the court, be closed to the public and the records of the
custodial parent and those of the minor; (2) the physical case shall not be released to non-parties without its
and emotional health, special needs, and aptitude of approval.
the minor; (3) the standard of living the minor has been
accustomed to; and (4) the non-monetary contributions
that the parents would make toward the care and well- Section 22. Effectivity. - This Rule shall take effect on
being of the minor. May 15, 2003 following its publication in a newspaper
of general circulation not later than April 30, 2003.
The court may also issue any order that is just and
reasonable permitting the parent who is deprived of the
care and custody of the minor to visit or have temporary
custody.

Section 19. Appeal. - No appeal from the decision

shall be allowed unless the appellant has filed a motion
for reconsideration or new trial within fifteen days from
notice of judgment.

An aggrieved party may appeal from the decision by

filing a Notice of Appeal within fifteen days from notice
of the denial of the motion for reconsideration or new
trial and serving a copy thereof on the adverse parties.

Section 20. Petition for writ of habeas corpus. - A

verified petition for a writ of habeas corpus involving
custody of minors shall be filed with the Family Court.
The writ shall be enforceable within its judicial region
to which the Family Court belongs.

However, the petition may be filed with the regular

court in the absence of the presiding judge of the
Family Court, provided, however, that the regular court
shall refer the case to the Family Court as soon as its
presiding judge returns to duty.

The petition may also be filed with the appropriate

regular courts in places where there are no Family
Courts.

The writ issued by the Family Court or the regular court

shall be enforceable in the judicial region where they
belong.

The petition may likewise be filed with the Supreme

Court, Court of Appeals, or with any of its members
and, if so granted, the writ shall be enforceable
anywhere in the Philippines. The writ may be made
returnable to a Family Court or to any regular court
within the region where the petitioner resides or where
the minor may be found for hearing and decision on the
merits.

Upon return of the writ, the court shall decide the issue
on custody of minors. The appellate court, or the
 A.M. No. 02-11-10-SC March 4, 2003
RE: PROPOSED RULE ON DECLARATION OF
ABSOLUTE NULLITY OF VOID MARRIAGES AND
ANNULMENT OF VOIDABLE MARRIAGES
RESOLUTION
Acting on the letter of the Chairman of the
Committee on Revision of the Rules of Court
submitting for this Court's consideration and approval
the Proposed Rule on Declaration of Absolute Nullity of
Void Marriages and Annulment of Voidable Marriages,
the Court Resolved to APPROVE the same.
The Rule shall take effect on March 15, 2003
following its publication in a newspaper of general
circulation not later than March 7, 2003
March 4, 2003
RULE ON DECLARATION OF ABSOLUTE NULLITY
OF VOID MARIAGES AND ANNULMENT OF
VOIDABLE MARRIAGES
Section 1. Scope - This Rule shall govern petitions for
declaration of absolute nullity of void marriages and
annulment of voidable marriages under the Family
Code of te Philippines.
The Rules of Court shall apply suppletorily.
Section 2. Petition for declaration of absolute nullity of
void marriages.
(a) Who may file. - A petition for declaration of
absolute nullity of void marriage may be filed
solely by the husband or the wife. (n)
(b) Where to file. - The petition shal be filed in
the Family Court.
(c) Imprecriptibility ofaction or defense. - An
Action or defense for the declaration of
absolute nullity of void marriage shall not
prescribe.
(d) What to allege. - A petition under Article
36 of Family Code shall specially allege te
complete facts showing the either or both
parties were psychologically incapacitated
from complying with the essential marital
obligations of marriages at the time of the
celebration of marriage even if such
incapacity becomes manifest only after its
celebration.
The complete facts should allege the physical
manifestations, if any, as are indicative of
psychological incapacity at the time of the celebration
of the marriage but expert opinion need not be alleged.
Section 3. Petition for annulment of voidable
marriages. -
(a) Who may file. - The following persons may
file a petition for annulment of voidable
marriage based on any of the grounds under
article 45 of the Family Code and within the
period herein indicated:
(1) The contracting party whose parent, or guardian,
or person exercising substitute parental authority did
not give his or her consent, within five years after
attaining the age of twenty-one unless, after attaining
the age of twenty-one, such party freely cohabitated
with the other as husband or wife; or the parent,
guardian or person having legal charge of the
contracting party , at any time before such party has
reached the age of twenty-one;
(2) The sane spouse who had no knowledge of the
other's insanity; or by any relative, guardian, or person
having legal charge of the insane, at any time before
the death of either party; or by the insane spouse
during the a lucid interval or after regaining sanity,
provided that the petitioner , after coming to reason,
has not freely cohabited with the other as husband or
wife;
(3) The injured party whose consent was obtained by
fraud, within five years after the discovery of the fraud,
provided that said party, with full knowledge of the facts
constituting the fraud, has not freely cohabited with the
other as husband or wife;
(4) The injured party whose consent was obtained by
force, intimidation, or undue influence, within five years
from the time the force intimidation, or undue influence
disappeared or ceased, provided that the force,
intimidation, or undue influence having disappeared or
ceased, said party has not thereafter freely cohabited
with the other as husband or wife;
(5) The injured party where the other spouse is
physically incapable of consummating the marriage
with the other and such incapability continues and
appears to be incurable, within five years after the
celebration of marriage; and
(6) Te injured party where the other party was afflicted
with a sexually-transmissible disease found to be
serious and appears to be incurable, within five years
after the celebration of marriage.
 (b) Where to file. - The petition shall be filed
in the Family Court.
Section 4. Venue. - The Petition shall be filed in the
Family Court of the province or city where the petitioner
or the respondent has been residing for at least six
months prior to the date of filing. Or in the case of non-
resident respondent, where he may be found in the
Philippines, at the election of the petitioner.
Section 5. Contents and form of petition. - (1) The
petition shall allege the complete facts constituting the
cause of action.
(2) It shall state the names and ages of the
common children of the parties and specify
the regime governing their property relations,
as well as the properties involved.
If there is no adequate provision in a
written agreement between the parties, the
petitioner may apply for a provisional order for
spousal support, the custody and support of
common children, visitation rights,
administration of community or conjugal
property, and other matters similarly
requiringurgent action.
(3) It must be verified and accompanied
celebration of marriage. (b) Where to file.-The
petition shall be filed in the Family Court.
Section 4. Venue. - The petition shall be filed in the
Family Court of the province or city where the petitioner
or the respondent has been residing for at least six
months prior to the date of filing, or in the case of a non-
resident respondent, where he may be found in the
Philippines at the election of the petitioner
Section 5. Contents and form of petition. - (1) The
petition shall allege the complete facts constituting the
cause of action.
(2) it shall state the names and ages of the
common children of the parties and specify
the regime governing their property relations,
as well as the properties involved.
If there is no adequate provision in a
written agreement between the parties, the
petitioner may apply for a provisional order for
spousal support, custody and support of
common children, visitation rights,
administration of community or conjugal
property, and other matters similarly requiring
urgent action.
(3) it must be verified and accompanied by a
certification against forum shopping. The
verification and certification must be signed
personally by me petitioner. No petition may
be filed solely by counsel or through an
attorney-in-fact.
If the petitioner is in a foreign country,
the verification and certification against forum
shopping shall be authenticated by the duly
authorized officer of the Philippine embassy
or legation, consul general, consul or vice-
consul or consular agent in said country.
(4) it shall be filed in six copies. The petitioner
shall serve a copy of the petition on the Office
of the Solicitor General and the Office of the
City or Provincial Prosecutor, within five days
from the date of its filing and submit to the
court proof of such service within the same
period.
Failure to comply with any of the
preceding requirements may be a ground for
immediate dismissal of the petition.
Section 6. Summons. - The service of summons shall
be governed by Rule 14 of the Rules of Court and by
the following rules:
(1) Where the respondent cannot be located
at his given address or his whereabouts are
unknown and cannot be ascertained by
diligent inquiry, service of summons may, by
leave of court, be effected upon him by
publication once a week for two consecutive
weeks in a newspaper of general circulation
in the Philippines and in such places as the
court may order In addition, a copy of the
summons shall be served on the respondent
at his last known address by registered mail
or any other means the court may deem
sufficient.
(2) The summons to be published shall be
contained in an order of the court with the
following data: (a) title of the case; (b) docket
number; (c) nature of the petition; (d) principal
grounds of the petition and the reliefs prayed
for; and (e) a directive for the respondent to
answer within thirty days from the last issue of
publication.
Section 7. Motion to dismiss. - No motion to dismiss
the petition shall be allowed except on the ground of
lack of jurisdiction over the subject matter or over the
parties; provided, however, that any other ground that
might warrant a dismissal of the case may be raised as
an affirmative defense in an answer.
Section 8. Answer. - (1) The respondent shall file his
answer within fifteen days from service of summons, or
within thirty days from the last issue of publication in
case of service of summons by publication. The
answer must be verified by the respondent himself and
not by counsel or attorney-in-fact.
(2) If the respondent fails to file an answer, the
court shall not declare him or her in default.
(3) Where no answer is filed or if the answer
does not tender an issue, the court shall order
the public prosecutor to investigate whether
collusion exists between the parties.
Section 9. Investigation report of public prosecutor. -
(1) Within one month after receipt of the court order
mentioned in paragraph (3) of Section 8 above, the
public prosecutor shall submit a report to the court
stating whether the parties are in collusion and serve
copies thereof on the parties and their respective
counsels, if any.
(2) If the public prosecutor finds that collusion
exists, he shall state the on the finding of
collusion within ten days from receipt of a
copy of a report The court shall set the report
for hearing and If convinced that the parties
are in collusion, it shall dismiss the petition.
(3) If the public prosecutor reports that no
collusion exists, the court shall set the case
for pre-trial. It shall be the duty of the public
prosecutor to appear for the State at the pre-
trial.
Section 10. Social worker. - The court may require a
social worker to conduct a case study and submit the
corresponding report at least three days before the pre-
trial. The court may also require a case study at any
stage of the case whenever necessary.
Section 11. Pre-trial. -
(1) Pre-trial mandatory. - A pre-trial is
mandatory. On motion or motu proprio, the
court shall set the pre-trial after the last
pleading has been served and filed, or upon
receipt of the report of the public prosecutor
that no collusion exists between the parties.
(2) Notice of pre-trial. - (a) The notice of pre-
trial shall contain:
(1) the date of pre-trial
conference; and
(2) an order directing the
parties to file and serve
their respective pre-trial
briefs in such manner as
shall ensure the receipt
thereof by the adverse
party at least three days
before the date of pre-trial.
(b) The notice shall be served
separately on the parties and their
respective counsels as well as on
the public prosecutor. It shall be their
duty to appear personally at the pre-
trial.
(c) Notice of pre-trial shall be sent to
the respondent even if he fails to file
an answer. In case of summons by
publication and the respondent
failed to file his answer, notice of
pre-trial shall be sent to respondent
at his last known address.
Section 12. Contents of pre-trial brief. - The pre-trial
brief shall contain the following:
(a) A statement of the willingness of the
parties to enter into agreements as may be
allowed by law, indicating the desired terms
thereof;
(b) A concise statement of their respective
claims together with the applicable laws and
authorities;
(c) Admitted facts and proposed stipulations
of facts, as well as the disputed factual and
legal issues;
(d) All the evidence to be presented, including
expert opinion, if any, briefly stating or
describing the nature and purpose thereof;
(e) The number and names of the witnesses
and their respective affidavits; and
(f) Such other matters as the court may
require.
Failure to file the pre-trial brief or to comply with
its required contents shall have the same effect as
failure to appear at the pre-trial under the succeeding
paragraphs.
Section 13. Effect of failure to appear at the pre-trial. -
{a) If the petitioner fails to appear personally, the case
shall be dismissed unless his counsel or a duly
authorized representative appears in court and proves
a valid excuse for the non-appearance of the petitioner.
(b) If the respondent has filed his answer but
fails to appear, the court shall proceed with
the pre-trial and require the public prosecutor
to investigate the non-appearance of the
respondent and submit within fifteen days
thereafter a report to the court stating whether
his non-appearance is due to any collusion
between the parties. If there Is no collusion,
the court shall require the public prosecutor to
intervene for the State during the trial on the
merits to prevent suppression or fabrication of
evidence.
Section 14. Pre-trial conference. -At the pre-trial
conference, the court:
(a) May refer the issues to a mediator who
shall assist the parties in reaching an
agreement on matters not prohibited by law.
The mediator shall render a report within
one month from referral which, for good
reasons, the court may extend for a period not
exceeding one month.
(b) In case mediation is not availed of or
where it fails, the court shall proceed with the
pre-trial conference, on which occasion it
shall consider the advisability of receiving
expert testimony and such other makers as
may aid in the prompt disposition of the
petition.
Section 15. Pre-trial order. - {a) The proceedings in
the pre-trial shall be recorded. Upon termination of the
pre-trial, the court shall Issue a pre-trial order which
shall recite in detail the matters taken up In the
conference, the action taken thereon, the amendments
allowed on the pleadings, and except as to the ground
of declaration of nullity or annulment, the agreements
or admissions made by the parties on any of the
matters considered, including any provisional order
that may be necessary or agreed upon by the parties.
(b) Should the action proceed to trial, the
order shall contain a recital of the following;
(1) Facts undisputed, admitted, and
those which need not be proved
subject to Section 16 of this Rule;
(2) Factual and legal issues to be
litigated;
(3) Evidence, including objects and
documents, that have been marked
and will be presented;
(4) Names of witnesses who will be
presented and their testimonies in
the form of affidavits; and
(5) Schedule of the presentation of
evidence.
(c) The pre-trial order shall also contain a
directive to the public prosecutor to appear for
the State and take steps to prevent collusion
between the parties at any stage of the
proceedings and fabrication or suppression of
evidence during the trial on the merits.
(d) The parlies shall not be allowed to raise
issues or present witnesses and evidence
other than those stated in the pre-trial order.
The order shall control the trial of the case,
unless modified by the court to prevent
manifest injustice.
(e) The parties shall have five days from
receipt of the pre-trial order to propose
corrections or modifications.
Section 16. Prohibited compromise. - The court-shall
not allow compromise on prohibited matters, such as
the following:
(a) The civil status of persons;
(b) The validity of a marriage or of a legal
separation;
(c) Any ground for legal separation;
(d) Future support;
(e) The jurisdiction of courts; and
(f) Future legitime.
Section 17. Trial. - (1) The presiding judge shall
personally conduct the trial of the case. No delegation
of the reception of evidence to a commissioner shall be
allowed except as to matters involving property
relations of the spouses.
(2) The grounds for declaration of absolute
nullity or annulment of marriage must be
proved. No judgment on the pleadings,
 summary judgment, or confession of
judgment shall be allowed.
(3) The court may order the exclusion from
the courtroom of all persons, including
members of the press, who do not have a
direct interest in the case. Such an order may
be made if the court determines on the record
that requiring a party to testify in open court
would not enhance the ascertainment of truth;
would cause to the party psychological harm
or inability to effectively communicate due to
embarrassment, fear, or timidity; would
violate the right of a party to privacy; or would
be offensive to decency or public morals.
(4) No copy shall be taken nor any
examination or perusal of the records of the
case or parts thereof be made by any person
other than a party or counsel of a party,
except by order of the court.
Section 18. Memoranda. - The court may require the
parties and the public prosecutor, in consultation with
the Office of the Solicitor General, to file their
respective memoranda support of their claims within
fifteen days from the date the trial is terminated. It may
require the Office of the Solicitor General to file its own
memorandum if the case is of significant interest to the
State. No other pleadings or papers may be submitted
without leave of court. After the lapse of the period
herein provided, the case will be considered submitted
for decision, with or without the memoranda.
Section 19. Decision. - (1) If the court renders a
decision granting the petition, it shall declare therein
that the decree of absolute nullity or decree of
annulment shall be issued by the court only after
compliance with Article 50 and 51 of the Family Code
as implemented under the Rule on Liquidation,
Partition and Distribution of Properties.
(2) The parties, including the Solicitor General
and the public prosecutor, shall be served
with copies of the decision personally or by
registered mail. If the respondent summoned
by publication failed to appear in the action,
the dispositive part of the decision shall be
published once in a newspaper of general
circulation.
(3) The decision becomes final upon the
expiration of fifteen days from notice to the
parties. Entry of judgment shall be made if no
motion for reconsideration or new trial, or
appeal Is filed by any of the parties the public
prosecutor, or the Solicitor General.
(4) Upon the finality of the decision, the court
shall forthwith issue the corresponding decree
if the parties have no properties.
If the parties have properties, the court shall
observe the procedure prescribed in Section 21 of this
Rule.
The entry of judgment shall be registered in the
Civil Registry where the marriage was recorded and In
the Civil Registry where the Family Court'granting the
petition for declaration of absolute nullity or annulment
of marriage is located.
Section 20. Appeal. -
(1) Pre-condition. - No appeal from the
decision shall be allowed unless the appellant
has filed a motion for reconsideration or new
trial within fifteen days from notice of
judgment.
(2) Notice of appeal. - An aggrieved party or
the Solicitor General may appeal from the
decision by filing a Notice of Appeal within
fifteen days from notice of denial of the motion
for reconsideration or new trial. The appellant
shall serve a copy of the notice of appeal on
the adverse parties.
Section 21. Liquidation, partition and distribution,
custody, support of common children and delivery of
their presumptive iegltimes. - Upon entry of the
judgment granting the petition, or, in case of appeal,
upon receipt of the entry of judgment of the appellate
court granting the petition, the Family Court, on motion
of either party, shall proceed with the liquidation,
partition and distribution of the properties of the
spouses, including custody, support of common
children and delivery of their presumptive legitimes
pursuant to Articles 50 and 51 of the Family Code
unless such matters had been adjudicated in previous
judicial proceedings.
Section 22. Issuance of Decree of Declaration of
Absolute Nullity or Annulment of Marriage." (a) The
court shall issue the Decree after;
(1) Registration of the entry of
judgment granting the petition for
declaration of nullity or annulment of
marriage in the Civil Registry where
the marriage was celebrated and in
the Civil Registry of the place where
the Family Court is located;
(2) Registration of the approved
partition and distribution of the
properties of the spouses, in the
 proper Register of Deeds where the
real properties are located; and

(3) The delivery of the children's

presumptive legitimes in cash,
property, or sound securities.

(b) The court shall quote in the Decree the

dispositive portion of the judgment entered
and attach to the Decree the approved deed
of partition.

Except in the case of children under Articles 36

and 53 of the Family Code, the court shall order the
Local Civil Registrar to issue an amended birth
certificate indicating the new civil status of the children
affected.

Section 23. Registration and publication of the decree;

decree as best evidence. - (a) The prevailing party
shall cause the registration of the Decree in the Civil
Registry where the marriage was registered, the Civil
Registry of the place where the Family Court is
situated, and in the National Census and Statistics
Office. He shall report td the court compliance with this
requirement within thirty days from receipt of the copy
of the Decree.

(b) In case service of summons was made by

publication, the parties shall cause the
publication of the Decree once in a
newspaper of general circulation.

(c) The registered Decree shall be the best

evidence to prove the declaration of absolute
nullity or annulment of marriage and shall
serve as notice to third persons concerning
the properties of petitioner and respondent as
well as the properties or presumptive
legitimes delivered to their common children.

Section 24. Effect of death of a party; duty of the

Family Court or Appellate Court. - (a) In case a party
dies at any stage of the proceedings before the entry
of judgment, the court shall order the case closed and
terminated, without prejudice to the settlement of the
estate in proper proceedings in the regular courts.

(b) If the party dies after the entry of judgment

of nullity or annulment, the judgment shall be
binding upon the parties and their successors
in interest in the settlement of the estate in the
regular courts.

Section 25. Effectlvity. - This Rule shall take effect on

March 15, 2003 following its publication in a newspaper
of general circulation not later than March 7, 2003.

Republic Act No. 9285 April 2, 2004

 AN ACT TO INSTITUTIONALIZE THE USE OF AN
ALTERNATIVE DISPUTE RESOLUTION SYSTEM
IN THE PHILIPPINES AND TO ESTABLISH THE
OFFICE FOR ALTERNATIVE DISPUTE
RESOLUTION, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
CHAPTER 1 - GENERAL PROVISIONS
SECTION 1. Title. - This act shall be known as the
"Alternative Dispute Resolution Act of 2004."
SEC. 2. Declaration of Policy. - it is hereby declared
the policy of the State to actively promote party
autonomy in the resolution of disputes or the freedom
of the party to make their own arrangements to resolve
their disputes. Towards this end, the State shall
encourage and actively promote the use of Alternative
Dispute Resolution (ADR) as an important means to
achieve speedy and impartial justice and declog court
dockets. As such, the State shall provide means for the
use of ADR as an efficient tool and an alternative
procedure for the resolution of appropriate cases.
Likewise, the State shall enlist active private sector
participation in the settlement of disputes through ADR.
This Act shall be without prejudice to the adoption by
the Supreme Court of any ADR system, such as
mediation, conciliation, arbitration, or any combination
thereof as a means of achieving speedy and efficient
means of resolving cases pending before all courts in
the Philippines which shall be governed by such rules
as the Supreme Court may approve from time to time.
SEC. 3. Definition of Terms. - For purposes of this
Act, the term:
(a) "Alternative Dispute Resolution System"
means any process or procedure used to
resolve a dispute or controversy, other than
by adjudication of a presiding judge of a court
or an officer of a government agency, as
defined in this Act, in which a neutral third
party participates to assist in the resolution of
issues, which includes arbitration, mediation,
conciliation, early neutral evaluation, mini-
trial, or any combination thereof;
(b) "ADR Provider" means institutions or
persons accredited as mediator, conciliator,
arbitrator, neutral evaluator, or any person
exercising similar functions in any Alternative
Dispute Resolution system. This is without
prejudice to the rights of the parties to choose
nonaccredited individuals to act as mediator,
conciliator, arbitrator, or neutral evaluator of
their dispute.
Whenever reffered to in this Act, the term
"ADR practitioners" shall refer to individuals
acting as mediator, conciliator, arbitrator or
neutral evaluator;
(c) "Authenticate" means to sign, execute or
adopt a symbol, or encrypt a record in whole
or in part, intended to identity the
authenticating party and to adopt, accept or
establish the authenticity of a record or term;
(d) "Arbitration" means a voluntary dispute
resolution process in which one or more
arbitrators, appointed in accordance with the
agreement of the parties, or rules
promulgated pursuant to this Act, resolve a
dispute by rendering an award;
(e) "Arbitrator" means the person appointed to
render an award, alone or with others, in a
dispute that is the subject of an arbitration
agreement;
(f) "Award" means any partial or final decision
by an arbitrator in resolving the issue in a
controversy;
(g) "Commercial Arbitration" An arbitration is
"commercial if it covers matter arising from all
relationships of a commercial nature, whether
contractual or not;
(h) "Confidential information" means any
information, relative to the subject of
mediation or arbitration, expressly intended
by the source not to be disclosed, or obtained
under circumstances that would create a
reasonable expectation on behalf of the
source that the information shall not be
disclosed. It shall include (1) communication,
oral or written, made in a dispute resolution
proceedings, including any memoranda,
notes or work product of the neutral party or
non-party participant, as defined in this Act;
(2) an oral or written statement made or which
occurs during mediation or for purposes of
considering, conducting, participating,
initiating, continuing of reconvening mediation
or retaining a mediator; and (3) pleadings,
motions manifestations, witness statements,
reports filed or submitted in an arbitration or
for expert evaluation;
(i) "Convention Award" means a foreign
arbitral award made in a Convention State;
(j) "Convention State" means a State that is a
member of the New York Convention;
(k) "Court" as referred to in Article 6 of the
Model Law shall mean a Regional Trial Court;
(l) "Court-Annexed Mediation" means any
mediation process conducted under the
auspices of the court, after such court has
acquired jurisdiction of the dispute;
(m) "Court-Referred Mediation" means
mediation ordered by a court to be conducted
in accordance with the Agreement of the
Parties when as action is prematurely
commenced in violation of such agreement;
(n) "Early Neutral Evaluation" means an ADR
process wherein parties and their lawyers are
brought together early in a pre-trial phase to
present summaries of their cases and receive
a nonbinding assessment by an experienced,
neutral person, with expertise in the subject in
the substance of the dispute;
(o) "Government Agency" means any
government entity, office or officer, other than
a court, that is vested by law with quasi-
judicial power to resolve or adjudicate dispute
involving the government, its agencies and
instrumentalities, or private persons;
(p) "International Party" shall mean an entity
whose place of business is outside the
Philippines. It shall not include a domestic
subsidiary of such international party or a
coventurer in a joint venture with a party
which has its place of business in the
Philippines.
The term foreigner arbitrator shall mean a
person who is not a national of the
Philippines.
(q) "Mediation" means a voluntary process in
which a mediator, selected by the disputing
parties, facilitates communication and
negotiation, and assist the parties in reaching
a voluntary agreement regarding a dispute.
(r) "Mediator" means a person who conducts
mediation;
(s) "Mediation Party" means a person who
participates in a mediation and whose
consent is necessary to resolve the dispute;
(t) "Mediation-Arbitration" or Med-Arb is a
step dispute resolution process involving both
mediation and arbitration;
(u) "Mini-Trial" means a structured dispute
resolution method in which the merits of a
case are argued before a panel comprising
senior decision makers with or without the
presence of a neutral third person after which
the parties seek a negotiated settlement;
(v) "Model Law" means the Model Law on
International Commercial Arbitration adopted
by the United Nations Commission on
International Trade Law on 21 June 1985;
(w) "New York Convention" means the United
Nations Convention on the Recognition and
Enforcement of Foreign Arbitral Awards
approved in 1958 and ratified by the
Philippine Senate under Senate Resolution
No. 71;
(x) "Non-Convention Award" means a foreign
arbitral award made in a State which is not a
Convention State;
(y) "Non-Convention State" means a State
that is not a member of the New York
Convention.
(z) "Non-Party Participant" means a person,
other than a party or mediator, who
participates in a mediation proceeding as a
witness, resource person or expert;
(aa) "Proceeding" means a judicial,
administrative, or other adjudicative process,
including related pre-hearing motions,
conferences and discovery;
(bb) "Record" means an information written
on a tangible medium or stored in an
electronic or other similar medium, retrievable
form; and
(cc) "Roster" means a list of persons qualified
to provide ADR services as neutrals or to
serve as arbitrators.
SEC. 4. Electronic Signatures in Global and E-
Commerce Act. - The provisions of the Electronic
Signatures in Global and E-Commerce Act, and its
implementing Rules and Regulations shall apply to
proceeding contemplated in this Act.
SEC. 5. Liability of ADR Provider and Practitioner. -
The ADR providers and practitioners shall have the
same civil liability for the Acts done in the performance
of then duties as that of public officers as provided in
Section 38 (1), Chapter 9, Book of the Administrative
Code of 1987.
SEC. 6. Exception to the Application of this Act. -
The provisions of this Act shall not apply to resolution
or settlement of the following: (a) labor disputes
covered by Presidential Decree No. 442, otherwise
known as the Labor Code of the Philippines, as
amended and its Implementing Rules and Regulations;
(b) the civil status of persons; (c) the validity of a
marriage; (d) any ground for legal separation; (e) the
jurisdiction of courts; (f) future legitime; (g) criminal
liability; and (h) those which by law cannot be
compromised.
CHAPTER 2 - MEDIATION
SEC. 7. Scope. - The provisions of this Chapter shall
cover voluntary mediation, whether ad hoc or
institutional, other than court-annexed. The term
"mediation' shall include conciliation.
SEC. 8. Application and Interpretation. - In applying
construing the provisions of this Chapter, consideration
must be given to the need to promote candor or parties
and mediators through confidentiality of the mediation
process, the policy of fostering prompt, economical,
and amicable resolution of disputes in accordance with
the principles of integrity of determination by the
parties, and the policy that the decision-making
authority in the mediation process rests with the
parties.
SEC. 9. Confidentiality of Information. - Information
obtained through mediation proceedings shall be
subject to the following principles and guidelines:
(a) Information obtained through mediation
shall be privileged and confidential.
(b) A party, a mediator, or a nonparty
participant may refuse to disclose and may
prevent any other person from disclosing a
mediation communication.
(c) Confidential Information shall not be
subject to discovery and shall be inadmissible
if any adversarial proceeding, whether judicial
or quasi-judicial, However, evidence or
information that is otherwise admissible or
subject to discovery does not become
inadmissible or protected from discovery
solely by reason of its use in a mediation.
(d) In such an adversarial proceeding, the
following persons involved or previously
involved in a mediation may not be compelled
to disclose confidential information obtained
during mediation: (1) the parties to the
dispute; (2) the mediator or mediators; (3) the
counsel for the parties; (4) the nonparty
participants; (5) any persons hired or
engaged in connection with the mediation as
secretary, stenographer, clerk or assistant;
and (6) any other person who obtains or
possesses confidential information by reason
of his/her profession.
(e) The protections of this Act shall continue
to apply even of a mediator is found to have
failed to act impartially.
(f) a mediator may not be called to testify to
provide information gathered in mediation. A
mediator who is wrongfully subpoenaed shall
be reimbursed the full cost of his attorney's
fees and related expenses.
SEC. 10. Waiver of Confidentiality. - A privilege
arising from the confidentiality of information may be
waived in a record, or orally during a proceeding by the
mediator and the mediation parties.
A privilege arising from the confidentiality of
information may likewise be waived by a nonparty
participant if the information is provided by such
nonparty participant.
A person who discloses confidential information shall
be precluded from asserting the privilege under
Section 9 of this Chapter to bar disclosure of the rest
of the information necessary to a complete
understanding of the previously disclosed information.
If a person suffers loss or damages in a judicial
proceeding against the person who made the
disclosure.
A person who discloses or makes a representation
about a mediation is preclude from asserting the
privilege under Section 9, to the extent that the
communication prejudices another person in the
proceeding and it is necessary for the person
prejudiced to respond to the representation of
disclosure.
SEC. 11. Exceptions to Privilege. -
(a) There is no privilege against disclosure
under Section 9 if mediation communication
is:
(1) in an agreement evidenced by a
record authenticated by all parties to
the agreement;
(2) available to the public or that is
made during a session of a
mediation which is open, or is
required by law to be open, to the
public;
 (3) a threat or statement of a plan to
inflict bodily injury or commit a crime
of violence;
(4) internationally used to plan a
crime, attempt to commit, or commit
a crime, or conceal an ongoing crime
or criminal activity;
(5) sought or offered to prove or
disprove abuse, neglect,
abandonment, or exploitation in a
proceeding in which a public agency
is protecting the interest of an
individual protected by law; but this
exception does not apply where a
child protection matter is referred to
mediation by a court or a public
agency participates in the child
protection mediation;
(6) sought or offered to prove or
disprove a claim or complaint of
professional misconduct or
malpractice filed against mediator in
a proceeding; or
(7) sought or offered to prove or
disprove a claim of complaint of
professional misconduct of
malpractice filed against a party,
nonparty participant, or
representative of a party based on
conduct occurring during a
mediation.
(b) There is no privilege under Section 9 if a
court or administrative agency, finds, after a
hearing in camera, that the party seeking
discovery of the proponent of the evidence
has shown that the evidence is not otherwise
available, that there is a need for the evidence
that substantially outweighs the interest in
protecting confidentiality, and the mediation
communication is sought or offered in:
(1) a court proceeding involving a
crime or felony; or
(2) a proceeding to prove a claim or
defense that under the law is
sufficient to reform or avoid a liability
on a contract arising out of the
mediation.
(c) A mediator may not be compelled to
provide evidence of a mediation
communication or testify in such proceeding.
(d) If a mediation communication is not
privileged under an exception in subsection
(a) or (b), only the portion of the
communication necessary for the application
of the exception for nondisclosure may be
admitted. The admission of particular
evidence for the limited purpose of an
exception does not render that evidence, or
any other mediation communication,
admissible for any other purpose.
SEC. 12. Prohibited Mediator Reports. - A mediator
may not make a report, assessment, evaluation,
recommendation, finding, or other communication
regarding a mediation to a court or agency or other
authority that make a ruling on a dispute that is the
subject of a mediation, except:
(a) Where the mediation occurred or has
terminated, or where a settlement was
reached.
(b) As permitted to be disclosed under
Section 13 of this Chapter.
SEC. 13. Mediator's Disclosure and Conflict of
Interest. - The mediation shall be guided by the
following operative principles:
(a) Before accepting a mediation, an
individual who is requested to serve as a
mediator shall:
(1) make an inquiry that is
reasonable under the circumstances
to determinate whether there are
any known facts that a reasonable
individual would consider likely to
affect the impartiality of the
mediator, including a financial or
personal interest in the outcome of
the mediation and any existing or
past relationship with a party or
foreseeable participant in the
mediation; and
(2) disclosure to the mediation
parties any such fact known or
learned as soon as is practical
before accepting a mediation.
(b) If a mediation learns any fact described in
paragraph (a) (1) of this section after
accepting a mediation, the mediator shall
disclose it as soon as practicable.
At the request of a mediation party, an individual who
is requested to serve as mediator shall disclose his/her
qualifications to mediate a dispute.
This Act does not require that a mediator shall have
special qualifications by background or profession
unless the special qualifications of a mediator are
required in the mediation agreement or by the
mediation parties.
SEC. 14. Participation in Mediation. - Except as
otherwise provided in this Act, a party may designate a
lawyer or any other person to provide assistance in the
mediation. A lawyer of this right shall be made in writing
by the party waiving it. A waiver of participation or legal
representation may be rescinded at any time.
SEC. 15. Place of Mediation. - The parties are free to
agree on the place of mediation. Failing such
agreement, the place of mediation shall be any place
convenient and appropriate to all parties.
SEC. 16. Effect of Agreement to Submit Dispute to
Mediation Under Institutional Rules. - An agreement
to submit a dispute to mediation by any institution shall
include an agreement to be bound by the internal
mediation and administrative policies of such
institution. Further, an agreement to submit a dispute
to mediation under international mediation rule shall be
deemed to include an agreement to have such rules
govern the mediation of the dispute and for the
mediator, the parties, their respective counsel, and
nonparty participants to abide by such rules.
In case of conflict between the institutional mediation
rules and the provisions of this Act, the latter shall
prevail.
SEC. 17. Enforcement of Mediated Settlement
Agreement. - The mediation shall be guided by the
following operative principles:
(a) A settlement agreement following
successful mediation shall be prepared by the
parties with the assistance of their respective
counsel, if any, and by the mediator.
The parties and their respective counsels
shall endeavor to make the terms and
condition thereof complete and make
adequate provisions for the contingency of
breach to avoid conflicting interpretations of
the agreement.
(b) The parties and their respective counsels,
if any, shall sign the settlement agreement.
The mediator shall certify that he/she
explained the contents of the settlement
agreement to the parties in a language known
to them.
(c) If the parties so desire, they may deposit
such settlement agreement with the
appropriate Clerk of a Regional Trial Court of
the place where one of the parties resides.
Where there is a need to enforce the
settlement agreement, a petition may be filed
by any of the parties with the same court, in
which case, the court shall proceed
summarily to hear the petition, in accordance
with such rules of procedure as may be
promulgated by the Supreme Court.
(d) The parties may agree in the settlement
agreement that the mediator shall become a
sole arbitrator for the dispute and shall treat
the settlement agreement as an arbitral award
which shall be subject to enforcement under
Republic Act No. 876, otherwise known as the
Arbitration Law, notwithstanding the
provisions of Executive Order No. 1008 for
mediated dispute outside of the CIAC.
CHAPTER 3 - OTHER ADR FORMS
SEC. 18. Referral of Dispute to other ADR Forms. -
The parties may agree to refer one or more or all issues
arising in a dispute or during its pendency to other
forms of ADR such as but not limited to (a) the
evaluation of a third person or (b) a mini-trial, (c)
mediation-arbitration, or a combination thereof.
For purposes of this Act, the use of other ADR forms
shall be governed by Chapter 2 of this Act except
where it is combined with arbitration in which case it
shall likewise be governed by Chapter 5 of this Act.
CHAPTER 4 - INTERNATIONAL COMMERCIAL
ARBITRATION
SEC. 19. Adoption of the Model Law on
International Commercial Arbitration. - International
commercial arbitration shall be governed by the Model
Law on International Commercial Arbitration (the
"Model Law") adopted by the United Nations
Commission on International Trade Law on June 21,
1985 (United Nations Document A/40/17) and
recommended approved on December 11, 1985, copy
of which is hereto attached as Appendix "A".
SEC. 20. Interpretation of Model Law. - In
interpreting the Model Law, regard shall be had to its
international origin and to the need for uniformity in its
interpretation and resort may be made to the travaux
preparatories and the report of the Secretary General
of the United Nations Commission on International
Trade Law dated March 25, 1985 entitled,
"International Commercial Arbitration: Analytical
Commentary on Draft Trade identified by reference
number A/CN. 9/264."
SEC. 21. Commercial Arbitration. - An arbitration is
"commercial" if it covers matters arising from all
relationships of a commercial nature, whether
contractual or not. Relationships of a transactions: any
trade transaction for the supply or exchange of goods
or services; distribution agreements; construction of
works; commercial representation or agency; factoring;
leasing, consulting; engineering; licensing; investment;
financing; banking; insurance; joint venture and other
forms of industrial or business cooperation; carriage of
goods or passengers by air, sea, rail or road.
SEC. 22. Legal Representation in International
Arbitration. - In international arbitration conducted in
the Philippines, a party may be presented by any
person of his choice. Provided, that such
representative, unless admitted to the practice of law
in the Philippines, shall not be authorized to appear as
counsel in any Philippine court, or any other quasi-
judicial body whether or not such appearance is in
relation to the arbitration in which he appears.
SEC. 23. Confidential of Arbitration Proceedings. -
The arbitration proceedings, including the records,
evidence and the arbitral award, shall be considered
confidential and shall not be published except (1) with
the consent of the parties, or (2) for the limited purpose
of disclosing to the court of relevant documents in
cases where resort to the court is allowed herein.
Provided, however, that the court in which the action or
the appeal is pending may issue a protective order to
prevent or prohibit disclosure of documents or
information containing secret processes,
developments, research and other information where it
is shown that the applicant shall be materially
prejudiced by an authorized disclosure thereof.
SEC. 24. Referral to Arbitration. - A court before
which an action is brought in a matter which is the
subject matter of an arbitration agreement shall, if at
least one party so requests not later that the pre-trial
conference, or upon the request of both parties
thereafter, refer the parties to arbitration unless it finds
that the arbitration agreement is null and void,
inoperative or incapable of being performed.
SEC. 25. Interpretation of the Act. - In interpreting
the Act, the court shall have due regard to the policy of
the law in favor of arbitration. Where action is
commenced by or against multiple parties, one or more
of whom are parties who are bound by the arbitration
agreement although the civil action may continue as to
those who are not bound by such arbitration
agreement.
SEC. 26. Meaning of "Appointing Authority.". -
"Appointing Authority" as used in the Model Law shall
mean the person or institution named in the arbitration
agreement as the appointing authority; or the regular
arbitration arbitration institution under whose rules the
arbitration is agreed to be conducted. Where the
parties have agreed to submit their dispute to
institutional arbitration rules, and unless they have
agreed to a different procedure, they shall be deemed
to have agreed to procedure under such arbitration
rules for the selection and appointment of arbitrators.
In ad hoc arbitration, the default appointment of an
arbitrator shall be made by the National President of
the Integrated Bar of the Philippines (IBP) or his duly
authorized representative.
SEC. 27. What Functions May be Performed by
Appointing Authority. - The functions referred to in
Articles 11(3), 11(4), 13(3) and 14(1) of the Model Law
shall be performed by the Appointing Authority, unless
the latter shall fail or refuse to act within thirty (30) days
from receipt of the request in which case the applicant
may renew the application with the Court.
SEC. 28. Grant of Interim Measure of Protection. -
(a) It is not incompatible with an arbitration
agreement for a party to request, before
constitution of the tribunal, from a Court an
interim measure of protection and for the
Court to grant such measure. After
constitution of the arbitral tribunal and during
arbitral proceedings, a request for an interim
measure of protection or modification thereof,
may be made with the arbitral tribunal or to
the extent that the arbitral tribunal has no
power to act or is unable to act effectively, the
request may be made with the Court. The
arbitral tribunal is deemed constituted when
the sole arbitrator or the third arbitrator who
has been nominated, has accepted the
nomination and written communication of said
nomination and acceptance has been
received by the party making request.
(b) The following rules on interim or
provisional relief shall be observed:
(1) Any party may request that
provision relief be granted against
the adverse party:
(2) Such relief may be granted:
(i) to prevent irreparable
loss or injury:
(ii) to provide security for
the performance of any
obligation;
(iii) to produce or preserve
any evidence; or
 (iv) to compel any other
appropriate act or
omission.
(3) The order granting provisional
relief may be conditioned upon the
provision of security or any act or
omission specified in the order.
(4) Interim or provisional relief is
requested by written application
transmitted by reasonable means to
the Court or arbitral tribunal as the
case may be and the party against
whom the relief is sought, describing
in appropriate detail the precise
relief, the party against whom the
relief is requested, the grounds for
the relief, and evidence supporting
the request.
(5) The order shall be binding upon
the parties.
(6) Either party may apply with the
Court for assistance in Implementing
or enforcing an interim measure
ordered by an arbitral tribunal.
(7) A party who does not comply with
the order shall be liable for all
damages resulting from
noncompliance, including all
expenses, and reasonable
attorney's fees, paid in obtaining the
order's judicial enforcement.
SEC. 29. Further Authority for Arbitrator to Grant
Interim Measure of Protection. - Unless otherwise
agreed by the parties, the arbitral tribunal may, at the
request of a party, order any party to take such interim
measures of protection as the arbitral tribunal may
consider necessary in respect of the subject matter of
the dispute following the rules in Section 28, paragraph
2. Such interim measures may include but shall not be
limited to preliminary injuction directed against a party,
appointment of receivers or detention, preservation,
inspection of property that is the subject of the dispute
in arbitration. Either party may apply with the Court for
assistance in implementing or enforcing an interim
measures ordered by an arbitral tribunal.
SEC. 30. Place of Arbitration. - The parties are free
to agree on the place of arbitration. Failing such
agreement, the place of arbitration shall be in Metro
Manila, unless the arbitral tribunal, having regard to the
circumstances of the case, including the convenience
of the parties shall decide on a different place of
arbitration.
The arbitral tribunal may, unless otherwise agreed by
the parties, meet at any place it considers appropriate
for consultation among its members, for hearing
witnesses, experts, or the parties, or for inspection of
goods, other property or documents.
SEC. 31. Language of the Arbitration. - The parties
are free to agree on the language or languages to be
used in the arbitral proceedings. Failing such
agreement, the language to be used shall be English
in international arbitration, and English or Filipino for
domestic arbitration, unless the arbitral tribunal shall
determine a different or another language or languages
to be used in the proceedings. This agreement or
determination, unless otherwise specified therein, shall
apply to any written statement by a party, any hearing
and any award, decision or other communication by the
arbitral tribunal.
The arbitral tribunal may order that any documentary
evidence shall be accompanied by a translation into
the language or languages agreed upon by the parties
or determined in accordance with paragraph 1 of this
section.
CHAPTER 5 - DOMESTIC ARBITRATION
SEC. 32. Law Governing Domestic Arbitration. -
Domestic arbitration shall continue to be governed by
Republic Act No. 876, otherwise known as "The
Arbitration Law" as amended by this Chapter. The term
"domestic arbitration" as used herein shall mean an
arbitration that is not international as defined in Article
(3) of the Model Law.
SEC. 33. Applicability to Domestic Arbitration. -
Article 8, 10, 11, 12, 13, 14, 18 and 19 and 29 to 32 of
the Model Law and Section 22 to 31 of the preceding
Chapter 4 shall apply to domestic arbitration.
CHAPTER 6 - ARBITRATION OF CONSTRUCTION
DISPUTES
SEC. 34. Arbitration of Construction Disputes:
Governing Law. - The arbitration of construction
disputes shall be governed by Executive Order No.
1008, otherwise known as the Constitution Industry
Arbitration Law.
SEC. 35. Coverage of the Law. - Construction
disputes which fall within the original and exclusive
jurisdiction of the Construction Industry Arbitration
Commission (the "Commission") shall include those
between or among parties to, or who are otherwise
bound by, an arbitration agreement, directly or by
reference whether such parties are project owner,
contractor, subcontractor, quantity surveyor,
bondsman or issuer of an insurance policy in a
construction project.
The Commission shall continue to exercise original and
exclusive jurisdiction over construction disputes
although the arbitration is "commercial" pursuant to
Section 21 of this Act.
SEC. 36. Authority to Act as Mediator or
Arbitrator. - By written agreement of the parties to a
dispute, an arbitrator may act as mediator and a
mediator may act as arbitrator. The parties may also
agree in writing that, following a successful mediation,
the mediator shall issue the settlement agreement in
the form of an arbitral award.
SEC. 37. Appointment of Foreign Arbitrator. - The
Construction Industry Arbitration Commission (CIAC)
shall promulgate rules to allow for the appointment of a
foreign arbitrator or coarbitrator or chairman of a
tribunal a person who has not been previously
accredited by CIAC: Provided, That:
(a) the dispute is a construction dispute in
which one party is an international party
(b) the person to be appointed agreed to
abide by the arbitration rules and policies of
CIAC;
(c) he/she is either coarbitrator upon the
nomination of the international party; or
he/she is the common choice of the two
CIAC-accredited arbitrators first appointed
one of whom was nominated by the
international party; and
(d) the foreign arbitrator shall be of different
nationality from the international party.
SEC. 38. Applicability to Construction Arbitration. -
The provisions of Sections 17 (d) of Chapter 2, and
Section 28 and 29 of this Act shall apply to arbitration
of construction disputes covered by this Chapter.
SEC. 39. Court to Dismiss Case Involving a
Construction Dispute. - A regional trial court which a
construction dispute is filed shall, upon becoming
aware, not later than the pretrial conference, that the
parties had entered into an arbitration to be conducted
by the CIAC, unless both parties, assisted by their
respective counsel, shall submit to the regional trial
court a written agreement exclusive for the Court,
rather than the CIAC, to resolve the dispute.
CHAPTER 7 - JUDICIAL REVIEW OF ARBITRAL
AWARDS
A. DOMESTIC AWARDS
SEC. 40. Confirmation of Award. - The confirmation
of a domestic arbitral award shall be governed by
Section 23 of R.A. 876.
A domestic arbitral award when confirmed shall be
enforced in the same manner as final and executory
decisions of the Regional Trial Court.
The confirmation of a domestic award shall be made
by the regional trial court in accordance with the Rules
of Procedure to be promulgated by the Supreme Court.
A CIAC arbitral award need not be confirmed by the
regional trial court to be executory as provided under
E.O. No. 1008.
SEC. 41. Vacation Award. - A party to a domestic
arbitration may question the arbitral award with the
appropriate regional trial court in accordance with the
rules of procedure to be promulgated by the Supreme
Court only on those grounds enumerated in Section 25
of Republic Act No. 876. Any other ground raised
against a domestic arbitral award shall be disregarded
by the regional trial court.
B. FOREIGN ARBITRAL AWARDS
SEC. 42. Application of the New York Convention. -
The New York Convention shall govern the recognition
and enforcement of arbitral awards covered by the said
Convention.
The recognition and enforcement of such arbitral
awards shall be filled with regional trial court in
accordance with the rules of procedure to be
promulgated by the Supreme Court. Said procedural
rules shall provide that the party relying on the award
or applying for its enforcement shall file with the court
the original or authenticated copy of the award and the
arbitration agreement. If the award or agreement is not
made in any of the official languages, the party shall
supply a duly certified translation thereof into any of
such languages.
The applicant shall establish that the country in which
foreign arbitration award was made is a party to the
New York Convention.
If the application for rejection or suspension of
enforcement of an award has been made, the regional
trial court may, if it considers it proper, vacate its
decision and may also, on the application of the party
claiming recognition or enforcement of the award,
order the party to provide appropriate security.
SEC. 43. Recognition and Enforcement of Foreign
Arbitral Awards Not Covered by the New York
Convention. - The recognition and enforcement of
foreign arbitral awards not covered by the New York
Convention shall be done in accordance with
procedural rules to be promulgated by the Supreme
Court. The Court may, grounds of comity and
reciprocity, recognize and enforce a nonconvention
award as a convention award.
SEC. 44. Foreign Arbitral Award Not Foreign
Judgment. - A foreign arbitral award when confirmed
by a court of a foreign country, shall be recognized and
enforced as a foreign arbitral award and not a judgment
of a foreign court.
A foreign arbitral award, when confirmed by the
regional trial court, shall be enforced as a foreign
arbitral award and not as a judgment of a foreign court.
A foreign arbitral award, when confirmed by the
regional trial court, shall be enforced in the same
manner as final and executory decisions of courts of
law of the Philippines.
SEC. 45. Rejection of a Foreign Arbitral Award. - A
party to a foreign arbitration proceeding may oppose
an application for recognition and enforcement of the
arbitral award in accordance with the procedural rules
to be promulgated by the Supreme Court only on those
grounds enumerated under Article V of the New York
Convention. Any other ground raised shall be
disregarded by the regional trial court.
SEC. 46. Appeal from Court Decisions on Arbitral
Awards. - A decision of the regional trial court
confirming, vacating, setting aside, modifying or
correcting an arbitral award may be appealed to the
Court of Appeals in accordance with the rules of
procedure to be promulgated by the Supreme Court.
The losing party who appeals from the judgment of the
court confirming an arbitral award shall required by the
appealant court to post counterbond executed in favor
of the prevailing party equal to the amount of the award
in accordance with the rules to be promulgated by the
Supreme Court.
SEC. 47. Venue and Jurisdiction. - Proceedings for
recognition and enforcement of an arbitration
agreement or for vacation, setting aside, correction or
modification of an arbitral award, and any application
with a court for arbitration assistance and supervision
shall be deemed as special proceedings and shall be
filled with the regional trial court (i) where arbitration
proceedings are conducted; (ii) where the asset to be
attached or levied upon, or the act to be enjoined is
located; (iii) where any of the parties to the dispute
resides or has his place of business; or (iv) in the
National Judicial Capital Region, at the option of the
applicant.
SEC. 48. Notice of Proceeding to Parties. - In a
special proceeding for recognition and enforcement of
an arbitral award, the Court shall send notice to the
parties at their address of record in the arbitration, or if
any party cannot be served notice at such address, at
such party's last known address. The notice shall be
sent at least fifteen (15) days before the date set for the
initial hearing of the application.
CHAPTER 8 - MISCELLANEOUS PROVISIONS
SEC. 49. Office for Alternative Dispute
Resolution. - There is hereby established the Office
for Alternative Dispute Resolution as an attached
agency to the Department of Justice (DOJ) which shall
have a Secretariat to be headed by an executive
director. The executive director shall be appointed by
the President of the Philippines.
The objective of the office are:
(a) to promote, develop and expand the use
of ADR in the private and public sectors; and
To assist the government to monitor, study and
evaluate the use by the public and the private sector of
ADR, and recommend to Congress needful statutory
changes to develop. Strengthen and improve ADR
practices in accordance with world standards.
SEC. 50. Powers and Functions of the Office for
Alternative Dispute Resolution. - The Office for
Alternative Dispute Resolution shall have the following
powers and functions:
(a) To formulate standards for the training of
the ADR practitioners and service providers;
(b) To certify that such ADR practitioners and
ADR service providers have undergone the
professional training provided by the office;
(c) To coordinate the development,
implementation, monitoring, and evaluation of
government ADR programs;
(d) To charge fees for their services; and
(e) To perform such acts as may be
necessary to carry into effect the provisions of
this Act.
SEC. 51. Appropriations. - The amount necessary to
carry out the provisions of this Act shall be included in
the General Appropriations Act of the year following its
enactment into law and thereafter.
SEC. 52. Implementing Rules and Regulations SEC. 56. Effectivity. - This act shall take effect fifteen
(IRR). - Within one (1) month after the approval of this days (15) after its publication in at least two (2) national
Act, the secretary of justice shall convene a committee newspapers of general circulation.
that shall formulate the appropriate rules and
regulations necessary for the implementation of this
Act. The committee, composed of representatives
from:

(a) the Department of Justice;

(b) the Department of Trade and Industry;

(c) the Department of the Interior and Local

Government;

(d) the president of the Integrated Bar of the

Philippines;

(e) A representative from the arbitration

profession; and

(f) A representative from the mediation

profession; and

(g) A representative from the ADR

organizations

shall within three (3) months after convening, submit

the IRR to the Joint Congressional Oversight
Committee for review and approval. The Oversight
Committee shall be composed of the chairman of the
Senate Committee on Justice and Human Rights,
chairman of the House Committee on Justice, and one
(1) member each from the majority and minority of both
Houses.

The Joint Oversight Committee shall become functus

officio upon approval of the IRR.

SEC. 53. Applicability of the Katarungan

Pambarangay. - This Act shall not be interpreted to
repeal, amend or modify the jurisdiction of the
Katarungan Pambarangay under Republic Act No.
7160, otherwise known as the Local Government Code
of 1991.

SEC. 54. Repealing Clause. - All laws, decrees,

executive orders, rules and regulations which are
inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

SEC. 55. Separability Clause. - If for any reason or

reasons, any portion or provision of this Act shall be
held unconstitutional or invalid, all other parts or
provisions not affected shall thereby continue to remain
in full force and effect.