Article 92p. 92

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

the effective implementation of the social aspects of

this Act.

Section

17.

Transitory

Provisions .

-

Pending

the

establishment of such Family Courts, the Supreme

Court shall designate from among the branches ofthe

Regional Trial Court at least one Family Court in each of

the cities of Manila, Quezon, Pasay, Caloocan, Makati,

Pasig,

Mandaluyong,

Muntinlupa,

Laoag,

Baguio,

Santiago, Dagupan, Olongapo, Cabanatuan, San Jose,

Angeles, Cavite, Batangas, Lucena, Naga, Iriga, Legazpi,

Roxas,

Iloilo,

Bacolod,

Dumaguete, Tacloban, Cebu,

Mandaue, Tagbilaran, Surigao, Butuan, Cagayan de Oro,

Davao, General Santos, Oroquieta, Ozamis, Dipolog,

Zamboanga, Pagadian, Iligan, and in such other places

as the Supreme Court may deem necessary.

Additional cases other than those provided in Sec. 5

may be assigned to the Family Courts when their

dockets permit: Provided, That such additional cases

shall not be heard on the same day family cases are

heard.

In areas where there are no Family Courts, the cases

referred to in Sec. 5 of this Act shall be adjudicated by

the Regional Trial Court.

Section 18. Separability Clause . - In case any provision

of

this Act is declared unconstitutional, the other

provisions shall remain in effect.

Section 19. Repealing Clause . - All other laws, decrees,

executive

orders,

rules

or

regulations

inconsistent

herewith are hereby repealed, amended or modified

accordingly.

Section 20. Effectivity . - This Act shall take effect

fifteen (15) days after its publication in at least two (2)

national newspapers of general circulation.

Approved October 28, 1997.

RA

No

9285

|

Alternative

Dispute

Resolution Act of 2004

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

© Compiled By RGL

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