A.M. No.

07-9-12-SC When issued by the Supreme Court or any of its

(25 September 2007) 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
THE RULE ON THE WRIT OF AMPARO
Regional Trial Court of the place where the threat, act
or omission was committed or any of its elements
SECTION 1. Petition. – The petition for a writ of occurred.
amparo is a remedy available to any person whose
right to life, liberty and security is violated or threatened SEC. 4. No Docket Fees. – The petitioner shall be
with violation by an unlawful act or omission of a public exempted from the payment of the docket and other
official or employee, or of a private individual or entity. lawful fees when filing the petition. The court, justice or
judge shall docket the petition and act upon it
The writ shall cover extralegal killings and enforced immediately.
disappearances or threats thereof.
SEC. 5. Contents of Petition. – The petition shall be
SEC. 2. Who May File. – The petition may be filed by signed and verified and shall allege the following:
the aggrieved party or by any qualified person or entity
in the following order: a. The personal circumstances of the petitioner;
b. The name and personal circumstances of the
a. Any member of the immediate family, namely: respondent responsible for the threat, act or
the spouse, children and parents of the omission, or, if the name is unknown or
aggrieved party; uncertain, the respondent may be described
b. Any ascendant, descendant or collateral by an assumed appellation;
relative of the aggrieved party within the c. The right to life, liberty and security of the
fourth civil degree of consanguinity or affinity, aggrieved party violated or threatened with
in default of those mentioned in the preceding violation by an unlawful act or omission of the
paragraph; or respondent, and how such threat or violation
c. Any concerned citizen, organization, is committed with the attendant
association or institution, if there is no known circumstances detailed in supporting
member of the immediate family or relative of affidavits;
the aggrieved party. d. The investigation conducted, if any,
specifying the names, personal
The filing of a petition by the aggrieved party suspends circumstances, and addresses of the
the right of all other authorized parties to file similar investigating authority or individuals, as well
petitions. Likewise, the filing of the petition by an as the manner and conduct of the
authorized party on behalf of the aggrieved party investigation, together with any report;
suspends the right of all others, observing the order e. The actions and recourses taken by the
established herein. petitioner to determine the fate or
whereabouts of the aggrieved party and the
identity of the person responsible for the
SEC. 3. Where to File. – The petition may be filed on threat, act or omission; and
any day and at any time with the Regional Trial Court f. The relief prayed for.
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 The petition may include a general prayer for other just
Court, or any justice of such courts. The writ shall be and equitable reliefs.
enforceable anywhere in the Philippines.
SEC. 6. Issuance of the Writ. – Upon the filing of the
When issued by a Regional Trial Court or any judge petition, the court, justice or judge shall immediately
thereof, the writ shall be returnable before such court order the issuance of the writ if on its face it ought to
or judge. 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
When issued by the Sandiganbayan or the Court of own hand, and may deputize any officer or person to
Appeals or any of their justices, it may be returnable serve it.
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 The writ shall also set the date and time for summary
occurred. 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 The return shall also state other matters relevant to the
Writ. – A clerk of court who refuses to issue the writ investigation, its resolution and the prosecution of the
after its allowance, or a deputized person who refuses case.
to serve the same, shall be punished by the court,
justice or judge for contempt without prejudice to other A general denial of the allegations in the petition shall
disciplinary actions. not be allowed.

SEC. 8. How the Writ is Served. – The writ shall be SEC. 10. Defenses not Pleaded Deemed Waived. —
served upon the respondent by a judicial officer or by a All defenses shall be raised in the return, otherwise,
person deputized by the court, justice or judge who they shall be deemed waived.
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 SEC. 11. Prohibited Pleadings and Motions. – The
apply. following pleadings and motions are prohibited:

SEC. 9. Return; Contents. – Within seventy-two (72) a. Motion to dismiss;

hours after service of the writ, the respondent shall file b. Motion for extension of time to file return,
a verified written return together with supporting opposition, affidavit, position paper and other
affidavits which shall, among other things, contain the pleadings;
following: c. Dilatory motion for postponement;
d. Motion for a bill of particulars;
e. Counterclaim or cross-claim;
a. The lawful defenses to show that the f. Third-party complaint;
respondent did not violate or threaten with g. Reply;
violation the right to life, liberty and security of h. Motion to declare respondent in default;
the aggrieved party, through any act or i. Intervention;
omission; j. Memorandum;
b. The steps or actions taken by the respondent k. Motion for reconsideration of interlocutory
to determine the fate or whereabouts of the orders or interim relief orders; and
aggrieved party and the person or persons l. Petition for certiorari, mandamus or
responsible for the threat, act or omission; prohibition against any interlocutory order.
c. All relevant information in the possession of
the respondent pertaining to the threat, act or
omission against the aggrieved party; and SEC. 12. Effect of Failure to File Return. — In case
d. If the respondent is a public official or the respondent fails to file a return, the court, justice or
employee, the return shall further state the judge shall proceed to hear the petition ex parte.
actions that have been or will still be taken:
SEC. 13. Summary Hearing. — The hearing on the
i. to verify the identity of the aggrieved petition shall be summary. However, the court, justice
party; or judge may call for a preliminary conference to
ii. to recover and preserve evidence simplify the issues and determine the possibility of
related to the death or obtaining stipulations and admissions from the parties.
disappearance of the person
identified in the petition which may The hearing shall be from day to day until completed
aid in the prosecution of the person and given the same priority as petitions for habeas
or persons responsible; corpus.
iii. to identify witnesses and obtain
statements from them concerning SEC. 14. Interim Reliefs. — Upon filing of the petition
the death or disappearance; or at anytime before final judgment, the court, justice or
iv. to determine the cause, manner, judge may grant any of the following reliefs:
location and time of death or
disappearance as well as any
pattern or practice that may have (a) Temporary Protection Order. – The court,
brought about the death or justice or judge, upon motion or motu proprio,
disappearance; may order that the petitioner or the aggrieved
v. to identify and apprehend the person party and any member of the immediate
or persons involved in the death or family be protected in a government agency
disappearance; and or by an accredited person or private
vi. to bring the suspected offenders institution capable of keeping and securing
before a competent court. their safety. If the petitioner is an organization,
association or institution referred to in Section
3(c) of this Rule, the protection may be petition or the return, to produce and permit
extended to the officers involved. their inspection, copying or photographing by
or on behalf of the movant.
The Supreme Court shall accredit the persons
and private institutions that shall extend The motion may be opposed on the ground of
temporary protection to the petitioner or the national security or of the privileged nature of
aggrieved party and any member of the the information, in which case the court,
immediate family, in accordance with justice or judge may conduct a hearing in
guidelines which it shall issue. chambers to determine the merit of the
opposition.
The accredited persons and private
institutions shall comply with the rules and The court, justice or judge shall prescribe
conditions that may be imposed by the court, other conditions to protect the constitutional
justice or judge. rights of all the parties.

(b) Inspection Order. — The court, justice or (d) Witness Protection Order. – The court,
judge, upon verified motion and after due justice or judge, upon motion or motu proprio,
hearing, may order any person in possession may refer the witnesses to the Department of
or control of a designated land or other Justice for admission to the Witness
property, to permit entry for the purpose of Protection, Security and Benefit Program,
inspecting, measuring, surveying, or pursuant to Republic Act No. 6981.
photographing the property or any relevant
object or operation thereon. The court, justice or judge may also refer the
witnesses to other government agencies, or
The motion shall state in detail the place or to accredited persons or private institutions
places to be inspected. It shall be supported capable of keeping and securing their safety.
by affidavits or testimonies of witnesses
having personal knowledge of the enforced SEC. 15. Availability of Interim Reliefs to
disappearance or whereabouts of the Respondent. – Upon verified motion of the respondent
aggrieved party. and after due hearing, the court, justice or judge may
issue an inspection order or production order under
If the motion is opposed on the ground of paragraphs (b) and (c) of the preceding section.
national security or of the privileged nature of
the information, the court, justice or judge A motion for inspection order under this section shall
may conduct a hearing in chambers to be supported by affidavits or testimonies of witnesses
determine the merit of the opposition. having personal knowledge of the defenses of the
respondent.
The movant must show that the inspection
order is necessary to establish the right of the SEC. 16. Contempt. – The court, justice or judge may
aggrieved party alleged to be threatened or order the respondent who refuses to make a return, or
violated. who makes a false return, or any person who otherwise
disobeys or resists a lawful process or order of the
The inspection order shall specify the person court to be punished for contempt. The contemnor may
or persons authorized to make the inspection be imprisoned or imposed a fine.
and the date, time, place and manner of
making the inspection and may prescribe SEC. 17. Burden of Proof and Standard of
other conditions to protect the constitutional Diligence Required. – The parties shall establish their
rights of all parties. The order shall expire five claims by substantial evidence.
(5) days after the date of its issuance, unless
extended for justifiable reasons.
The respondent who is a private individual or entity
must prove that ordinary diligence as required by
(c) Production Order. – The court, justice or applicable laws, rules and regulations was observed in
judge, upon verified motion and after due the performance of duty.
hearing, may order any person in possession,
custody or control of any designated
documents, papers, books, accounts, letters, The respondent who is a public official or employee
photographs, objects or tangible things, or must prove that extraordinary diligence as required by
objects in digitized or electronic form, which applicable laws, rules and regulations was observed in
constitute or contain evidence relevant to the 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 When a criminal action and a separate civil action are
judgment within ten (10) days from the time the petition filed subsequent to a petition for a writ of amparo, the
is submitted for decision. If the allegations in the latter shall be consolidated with the criminal action.
petition are proven by substantial evidence, the court
shall grant the privilege of the writ and such reliefs as After consolidation, the procedure under this Rule shall
may be proper and appropriate; otherwise, the continue to apply to the disposition of the reliefs in the
privilege shall be denied. petition.

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

The appeal shall be given the same priority as in SEC. 26. Applicability to Pending Cases. – This
habeas corpus cases. Rule shall govern cases involving extralegal killings
and enforced disappearances or threats thereof
SEC. 20. Archiving and Revival of Cases. – The pending in the trial and appellate courts.
court shall not dismiss the petition, but shall archive it,
if upon its determination it cannot proceed for a valid SEC. 27. Effectivity. – This Rule shall take effect on
cause such as the failure of petitioner or witnesses to October 24, 2007, following its publication in three (3)
appear due to threats on their lives. 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 Section 3. Where to file. - The petition shall be filed
WRIT OF KALIKASAN with the Supreme Court or with any of the stations of
the Court of Appeals.
Section 1. Nature of the writ. - The writ is a remedy
available to a natural or juridical person, entity Section 4. No docket fees. - The petitioner shall be
authorized by law, people’s organization, non- exempt from the payment of docket
governmental organization, or any public interest group
accredited by or registered with any government fees.
agency, on behalf of persons whose constitutional right
to a balanced and healthful ecology is violated, or Section 5. Issuance of the writ. - Within three (3) days
threatened with violation by an unlawful act or omission from the date of filing of the petition, if the petition is
of a public official or employee, or private individual or sufficient in form and substance, the court shall give an
entity, involving environmental damage of such order: (a) issuing the writ; and (b) requiring the
magnitude as to prejudice the life, health or property of respondent to file a verified return as provided in
inhabitants in two or more cities or provinces. Section 8 of this Rule. The clerk of court shall forthwith
issue the writ under the seal of the court including the
Section 2. Contents of the petition. - The verified issuance of a cease and desist order and other
petition shall contain the following: temporary reliefs effective until further order.

(a) The personal circumstances of the Section 6. How the writ is served. - The writ shall be
petitioner; served upon the respondent by a court officer or any
person deputized by the court, who shall retain a copy
(b) The name and personal circumstances of on which to make a return of service. In case the writ
the respondent or if the name and personal cannot be served personally, the rule on substituted
circumstances are unknown and uncertain, service shall apply.
the respondent may be described by an
assumed appellation; Section 7. Penalty for refusing to issue or serve the
writ. - A clerk of court who unduly delays or refuses to
(c) The environmental law, rule or regulation issue the writ after its allowance or a court officer or
violated or threatened to be violated, the act deputized person who unduly delays or refuses to
or omission complained of, and the serve the same shall be punished by the court for
environmental damage of such magnitude as contempt without prejudice to other civil, criminal or
to prejudice the life, health or property of administrative actions.
inhabitants in two or more cities or provinces.
Section 8. Return of respondent; contents. - Within a
(d) All relevant and material evidence non-extendible period of ten (10) days after service of
consisting of the affidavits of witnesses, the writ, the respondent shall file a verified return which
documentary evidence, scientific or other shall contain all defenses to show that respondent did
expert studies, and if possible, object not violate or threaten to violate, or allow the violation
evidence; 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
(e) The certification of petitioner under oath inhabitants in two or more cities or provinces.
that: (1) petitioner has not commenced any
action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial All defenses not raised in the return shall be deemed
agency, and no such other action or claim is waived.
pending therein; (2) if there is such other
pending action or claim, a complete statement The return shall include affidavits of witnesses,
of its present status; (3) if petitioner should documentary evidence, scientific or other expert
learn that the same or similar action or claim studies, and if possible, object evidence, in support of
has been filed or is pending, petitioner shall the defense of the respondent.
report to the court that fact within five (5) days
therefrom; and A general denial of allegations in the petition shall be
considered as an admission thereof.
(f) The reliefs prayed for which may include a
prayer for the issuance of a TEPO. Section 9. Prohibited pleadings and motions. - The
following pleadings and motions are prohibited:
 (a) Motion to dismiss; to protect the constitutional rights of all
parties.
(b) Motion for extension of time to file return;
(b) Production or inspection of documents or
(c) Motion for postponement; things; order – The motion must show that a
production order is necessary to establish the
magnitude of the violation or the threat as to
(d) Motion for a bill of particulars; prejudice the life, health or property of
inhabitants in two or more cities or provinces.
(e) Counterclaim or cross-claim;
After hearing, the court may order any person
(f) Third-party complaint; in possession, custody or control of any
designated documents, papers, books,
(g) Reply; and accounts, letters, photographs, objects or
tangible things, or objects in digitized or
electronic form, which constitute or contain
(h) Motion to declare respondent in default. evidence relevant to the petition or the return,
to produce and permit their inspection,
Section 10. Effect of failure to file return. - In case the copying or photographing by or on behalf of
respondent fails to file a return, the court shall proceed the movant.
to hear the petition ex parte.
The production order shall specify the person or
Section 11. Hearing. - Upon receipt of the return of the persons authorized to make the production and the
respondent, the court may call a preliminary date, time, place and manner of making the inspection
conference to simplify the issues, determine the or production and may prescribe other conditions to
possibility of obtaining stipulations or admissions from protect the constitutional rights of all parties.
the parties, and set the petition for hearing.
Section 13. Contempt. - The court may after hearing
The hearing including the preliminary conference shall punish the respondent who refuses or unduly delays
not extend beyond sixty (60) days and shall be given the filing of a return, or who makes a false return, or
the same priority as petitions for the writs of habeas any person who disobeys or resists a lawful process or
corpus, amparo and habeas data. order of the court for indirect contempt under Rule 71
of the Rules of Court.
Section 12. Discovery Measures. - A party may file a
verified motion for the following reliefs: 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
(a) Ocular Inspection; order — The motion
require the filing of memoranda and if possible, in its
must show that an ocular inspection order is
electronic form, within a non-extendible period of thirty
necessary to establish the magnitude of the
(30) days from the date the petition is submitted for
violation or the threat as to prejudice the life,
decision.
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 Section 15. Judgment. - Within sixty (60) days from
supported by affidavits of witnesses having the time the petition is submitted for decision, the court
personal knowledge of the violation or shall render judgment granting or denying the privilege
threatened violation of environmental law. of the writ of kalikasan.

After hearing, the court may order any person The reliefs that may be granted under the writ are the
in possession or control of a designated land following:
or other property to permit entry for the
purpose of inspecting or (a) Directing respondent to permanently
cease and desist from committing acts or
photographing the property or any relevant neglecting the performance of a duty in
object or operation thereon. violation of environmental laws resulting in
environmental destruction or damage;
The order shall specify the person or persons
authorized to make the inspection and the (b) Directing the respondent public official,
date, time, place and manner of making the government agency, private person or entity
inspection and may prescribe other conditions
 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 (d) Such other matters which are relevant to
the custody of the minor.
RE: PROPOSED RULE ON CUSTODY OF MINORS
AND WRIT OF HABEAS CORPUS The verified petition shall be accompanied by a
IN RELATION TO CUSTODY OF MINORS certificate against forum shopping, which the petitioner
must sign personally.
RESOLUTION
Section 5. Summons; personal service on
respondent. - If the court is satisfied that the petition
Acting on the letter of the Chairman of the Committee is sufficient in form and substance, it shall direct the
on Revision of the Rules of Court submitting for this clerk of court to issue summons, which shall be served
Court’s consideration and approval the Proposed Rule together with a copy of the petition personally on the
on custody of Minors and Writ of Habeas Corpus in respondent.
Relation to Custody of Minors, the Court Resolved to
APPROVE the same.
Section 6. Motion to Dismiss. - A motion to dismiss
the petition is not allowed except on the ground of lack
The Rule shall take effect on May 15, 2003 following of jurisdiction over the subject matter or over the
its publication in a newspaper of general circulation not parties. Any other ground that might warrant the
later than April 30, 2003. dismissal of the petition may be raised as an affirmative
defense in the answer.
April 22, 2003
Section 7. Verified Answer. - The respondent shall
file an answer to the petition, personally verified by him,
RULE ON CUSTODY OF MINORS AND WRIT OF within five days after service of summons and a copy
HABEAS CORPUS of the petition.
IN RELATION TO CUSTODY OF MINORS
Section 8. Case study; duty of social worker. -
SECTION 1. Applicability. - This rule shall apply to Upon the filing of the verified answer or the expiration
petitions for custody of minors and writs of habeas of the period to file it, the court may order a social
corpus in relation thereto. worker to make a case study of the minor and the
parties and to submit a report and recommendation to
The Rules of Court shall apply suppletorily. the court at least three days before the scheduled pre-
trial.
Section 2. Petition for custody of minors; who may
file.- A verified petition for the rightful custody of a Section 9. Notice of mandatory pre-trial. - Within
minor may be filed by any person claiming such right. fifteen days after the filing of the answer or the
The party against whom it may be filed shall be expiration of the period to file answer, the court shall
designated as the respondent. 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
Section 3. Where to file petition. - The petition for ensure receipt thereof by the adverse party at least
custody of minors shall be filed with the Family Court three days before the date of pre-trial; and (3) requiring
of the province or city where the petitioner resides or the respondent to present the minor before the court.
where the minor may be found.
The notice of its order shall be served separately on
Section 4. Contents of petition. - The verified petition both the parties and their respective counsels. The pre-
shall allege the following: trial is mandatory.

(a) The personal circumstances of the Section 10. Contents of pre-trial brief. - The pre-trial
petitioner and of the respondent; brief shall contain the following:

(b) The name, age and present whereabouts (a) A statement of the willingness of the
of the minor and his or her relationship to the parties to enter into agreements that may be
petitioner and the respondent; allowed by law, indicating its terms;

(c) The material operative facts constituting (b) A concise statement of their respective
deprivation of custody; and claims together with the applicable laws and
authorities;
 (c) Admitted facts and proposed stipulations (c) The grandparent, or if there are several
of facts; grandparents, the grandparent chosen by the
minor over seven years of age and of
(d) The disputed factual and legal issues; sufficient discernment, unless the
grandparent chosen is unfit or disqualified;
(e) All the evidence to be presented, briefly
stating or describing its nature and purpose; (d) The eldest brother or sister over twenty-
one years of age, unless he or she is unfit or
disqualified;
(f) The number and names of the witnesses
and their respective affidavits which shall
serve as the affiant's testimony on direct (e) The actual custodian of the minor over
examination; and twenty-one years of age, unless the former is
unfit or disqualified; or
(g) Such other matters as the court may
require to be included in the pre-trial brief. (f) Any other person or institution the court
may deem suitable to provide proper care and
guidance for the minor.
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 14. Factors to consider in determining
custody. - In awarding custody, the court shall
consider the best interests of the minor and shall give
Section 11. Effect of failure to appear at the pre- paramount consideration to his material and moral
trial.-(a) If the petitioner fails to appear personally at welfare. The best interests of the minor refer to the
the pre-trial, the case shall be dismissed, unless his totality of the circumstances and conditions as are
counsel or a duly authorized representative appears in most congenial to the survival, protection, and feelings
court and proves a valid excuse for the non- of security of the minor encouraging to his physical,
appearance of the petitioner. psychological and emotional development. It also
means the least detrimental available alternative for
(b) If the respondent has filed his answer but fails to safeguarding the growth and development of the
appear at the pre-trial, the petitioner shall be allowed minor.
to present his evidence ex parte. The court shall then
render judgment on the basis of the pleadings and the The court shall also consider the following:
evidence thus presented.
(a) Any extrajudicial agreement which the
Section 12. What may be done at pre-trial. - At the parties may have bound themselves to
pre-trial, the parties may agree on the custody of the comply with respecting the rights of the minor
minor. If the parties fail to agree, the court may refer to maintain direct contact with the non
the matter to a mediator who shall have five days to custodial parent on a regular basis, except
effect an agreement between the parties. If the issue is when there is an existing threat or danger of
not settled through mediation, the court shall proceed physical, mental, sexual or emotional violence
with the pre-trial conference, on which occasion it shall which endangers the safety and best interests
consider such other matters as may aid in the prompt of the minor;
disposition of the petition.
(b) The desire and ability of one parent to
Section 13. Provisional order awarding custody. - foster an open and loving relationship
After an answer has been filed or after expiration of the between the minor and the other parent;
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 (c) The health, safety and welfare of the
the award of custody: minor;

(a) Both parents jointly; (d) Any history of child or spousal abuse by
the person seeking custody or who has had
any filial relationship with the minor, including
(b) Either parent, taking into account all anyone courting the parent;
relevant considerations, especially the choice
of the minor over seven years of age and of
sufficient discernment, unless the parent (e) The nature and frequency of contact with
chosen is unfit; both parents;
 (f) Habitual use of alcohol, dangerous drugs (c) The specific nature of the case;
or regulated substances;
(d) The date of the hold departure order; and
(g) Marital misconduct;
(e) A recent photograph, if available, of the
(h) The most suitable physical, emotional, party against whom a hold departure order
spiritual, psychological and educational has been issued or whose departure from the
environment for the holistic development and country has been enjoined.
growth of the minor; and
The court may recall the hold departure order motu
(i) The preference of the minor over seven proprio, or upon verified motion of any of the parties
years of age and of sufficient discernment, after summary hearing, subject to such terms and
unless the parent chosen is unfit. conditions as may be necessary for the best interests
of the minor.
Section 15. Temporary visitation rights. - The court
shall provide in its order awarding provisional custody Section 17. Protection Order. - The court may issue
appropriate visitation rights to the non-custodial parent a Protection Order requiring any person:
or parents, unless the court finds said parent or parents
unfit or disqualified. (a) To stay away from the home, school,
business, or place of employment of the
The temporary custodian shall give the court and non minor, other parent or any other party, or from
custodial parent or parents at least five days' notice of any other specific place designated by the
any plan to change the residence of the minor or take court;
him out of his residence for more than three days
provided it does not prejudice the visitation rights of the (b) To cease and desist from harassing,
non-custodial parent or parents. intimidating, or threatening such minor or the
other parent or any person to whom custody
Section 16. Hold Departure Order. - The minor child of the minor is awarded;
subject of the petition shall not be brought out of the
country without prior order from the court while the (c) To refrain from acts of commission or
petition is pending. omission that create an unreasonable risk to
the health, safety, or welfare of the minor;
The court, motu proprio or upon application under oath,
may issue ex parte a hold departure order, addressed (d) To permit a parent, or a party entitled to
to the Bureau of Immigration and Deportation, directing visitation by a court order or a separation
it not to allow the departure of the minor from the agreement, to visit the minor at stated
Philippines without the permission of the court. periods;

The Family Court issuing the hold departure order shall (e) To permit a designated party to enter the
furnish the Department of Foreign Affairs and the residence during a specified period of time in
Bureau of Immigration and Deportation of the order to take personal belongings not
Department of Justice a copy of the hold departure contested in a proceeding pending with the
order within twenty-four hours from its issuance and Family Court; and
through the fastest available means of transmittal.
(f) To comply with such other orders as are
The hold departure order shall contain the following necessary for the protection of the minor.
information:
Section 18. Judgment. - After trial, the court shall
(a) The complete name (including the middle render judgment awarding the custody of the minor to
name), the date and place of birth, the the proper party considering the best interests of the
nationality and the place of last residence of minor.
the person against whom a hold departure
order has been issued or whose departure
from the country has been enjoined; 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
(b) The complete title and docket number of minor, or his oldest brother or sister, or any reputable
the case in which the hold departure order person to take charge of such minor, or commit him to
was issued; 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 The complete facts should allege the physical
manifestations, if any, as are indicative of
psychological incapacity at the time of the celebration
RE: PROPOSED RULE ON DECLARATION OF
of the marriage but expert opinion need not be alleged.
ABSOLUTE NULLITY OF VOID MARRIAGES AND
ANNULMENT OF VOIDABLE MARRIAGES
Section 3. Petition for annulment of voidable
marriages. -
RESOLUTION

(a) Who may file. - The following persons may

Acting on the letter of the Chairman of the file a petition for annulment of voidable
Committee on Revision of the Rules of Court marriage based on any of the grounds under
submitting for this Court's consideration and approval article 45 of the Family Code and within the
the Proposed Rule on Declaration of Absolute Nullity of period herein indicated:
Void Marriages and Annulment of Voidable Marriages,
the Court Resolved to APPROVE the same.
(1) The contracting party whose parent, or guardian,
or person exercising substitute parental authority did
The Rule shall take effect on March 15, 2003 not give his or her consent, within five years after
following its publication in a newspaper of general attaining the age of twenty-one unless, after attaining
circulation not later than March 7, 2003 the age of twenty-one, such party freely cohabitated
with the other as husband or wife; or the parent,
March 4, 2003 guardian or person having legal charge of the
contracting party , at any time before such party has
RULE ON DECLARATION OF ABSOLUTE NULLITY reached the age of twenty-one;
OF VOID MARIAGES AND ANNULMENT OF
VOIDABLE MARRIAGES (2) The sane spouse who had no knowledge of the
other's insanity; or by any relative, guardian, or person
Section 1. Scope - This Rule shall govern petitions for having legal charge of the insane, at any time before
declaration of absolute nullity of void marriages and the death of either party; or by the insane spouse
annulment of voidable marriages under the Family during the a lucid interval or after regaining sanity,
Code of te Philippines. provided that the petitioner , after coming to reason,
has not freely cohabited with the other as husband or
wife;
The Rules of Court shall apply suppletorily.
(3) The injured party whose consent was obtained by
Section 2. Petition for declaration of absolute nullity of fraud, within five years after the discovery of the fraud,
void marriages. provided that said party, with full knowledge of the facts
constituting the fraud, has not freely cohabited with the
(a) Who may file. - A petition for declaration of other as husband or wife;
absolute nullity of void marriage may be filed
solely by the husband or the wife. (n) (4) The injured party whose consent was obtained by
force, intimidation, or undue influence, within five years
(b) Where to file. - The petition shal be filed in from the time the force intimidation, or undue influence
the Family Court. disappeared or ceased, provided that the force,
intimidation, or undue influence having disappeared or
(c) Imprecriptibility ofaction or defense. - An ceased, said party has not thereafter freely cohabited
Action or defense for the declaration of with the other as husband or wife;
absolute nullity of void marriage shall not
prescribe. (5) The injured party where the other spouse is
physically incapable of consummating the marriage
(d) What to allege. - A petition under Article with the other and such incapability continues and
36 of Family Code shall specially allege te appears to be incurable, within five years after the
complete facts showing the either or both celebration of marriage; and
parties were psychologically incapacitated
from complying with the essential marital (6) Te injured party where the other party was afflicted
obligations of marriages at the time of the with a sexually-transmissible disease found to be
celebration of marriage even if such serious and appears to be incurable, within five years
incapacity becomes manifest only after its after the celebration of marriage.
celebration.
 (b) Where to file. - The petition shall be filed verification and certification must be signed
in the Family Court. personally by me petitioner. No petition may
be filed solely by counsel or through an
Section 4. Venue. - The Petition shall be filed in the attorney-in-fact.
Family Court of the province or city where the petitioner
or the respondent has been residing for at least six If the petitioner is in a foreign country,
months prior to the date of filing. Or in the case of non- the verification and certification against forum
resident respondent, where he may be found in the shopping shall be authenticated by the duly
Philippines, at the election of the petitioner. authorized officer of the Philippine embassy
or legation, consul general, consul or vice-
Section 5. Contents and form of petition. - (1) The consul or consular agent in said country.
petition shall allege the complete facts constituting the
cause of action. (4) it shall be filed in six copies. The petitioner
shall serve a copy of the petition on the Office
(2) It shall state the names and ages of the of the Solicitor General and the Office of the
common children of the parties and specify City or Provincial Prosecutor, within five days
the regime governing their property relations, from the date of its filing and submit to the
as well as the properties involved. court proof of such service within the same
period.
If there is no adequate provision in a
written agreement between the parties, the Failure to comply with any of the
petitioner may apply for a provisional order for preceding requirements may be a ground for
spousal support, the custody and support of immediate dismissal of the petition.
common children, visitation rights,
administration of community or conjugal Section 6. Summons. - The service of summons shall
property, and other matters similarly be governed by Rule 14 of the Rules of Court and by
requiringurgent action. the following rules:

(3) It must be verified and accompanied (1) Where the respondent cannot be located
celebration of marriage. (b) Where to file.-The at his given address or his whereabouts are
petition shall be filed in the Family Court. unknown and cannot be ascertained by
diligent inquiry, service of summons may, by
Section 4. Venue. - The petition shall be filed in the leave of court, be effected upon him by
Family Court of the province or city where the petitioner publication once a week for two consecutive
or the respondent has been residing for at least six weeks in a newspaper of general circulation
months prior to the date of filing, or in the case of a non- in the Philippines and in such places as the
resident respondent, where he may be found in the court may order In addition, a copy of the
Philippines at the election of the petitioner summons shall be served on the respondent
at his last known address by registered mail
or any other means the court may deem
Section 5. Contents and form of petition. - (1) The sufficient.
petition shall allege the complete facts constituting the
cause of action.
(2) The summons to be published shall be
contained in an order of the court with the
(2) it shall state the names and ages of the following data: (a) title of the case; (b) docket
common children of the parties and specify number; (c) nature of the petition; (d) principal
the regime governing their property relations, grounds of the petition and the reliefs prayed
as well as the properties involved. for; and (e) a directive for the respondent to
answer within thirty days from the last issue of
If there is no adequate provision in a publication.
written agreement between the parties, the
petitioner may apply for a provisional order for Section 7. Motion to dismiss. - No motion to dismiss
spousal support, custody and support of the petition shall be allowed except on the ground of
common children, visitation rights, lack of jurisdiction over the subject matter or over the
administration of community or conjugal parties; provided, however, that any other ground that
property, and other matters similarly requiring might warrant a dismissal of the case may be raised as
urgent action. an affirmative defense in an answer.

(3) it must be verified and accompanied by a

certification against forum shopping. The
Section 8. Answer. - (1) The respondent shall file his (2) an order directing the
answer within fifteen days from service of summons, or parties to file and serve
within thirty days from the last issue of publication in their respective pre-trial
case of service of summons by publication. The briefs in such manner as
answer must be verified by the respondent himself and shall ensure the receipt
not by counsel or attorney-in-fact. thereof by the adverse
party at least three days
(2) If the respondent fails to file an answer, the before the date of pre-trial.
court shall not declare him or her in default.
(b) The notice shall be served
(3) Where no answer is filed or if the answer separately on the parties and their
does not tender an issue, the court shall order respective counsels as well as on
the public prosecutor to investigate whether the public prosecutor. It shall be their
collusion exists between the parties. duty to appear personally at the pre-
trial.
Section 9. Investigation report of public prosecutor. -
(1) Within one month after receipt of the court order (c) Notice of pre-trial shall be sent to
mentioned in paragraph (3) of Section 8 above, the the respondent even if he fails to file
public prosecutor shall submit a report to the court an answer. In case of summons by
stating whether the parties are in collusion and serve publication and the respondent
copies thereof on the parties and their respective failed to file his answer, notice of
counsels, if any. pre-trial shall be sent to respondent
at his last known address.
(2) If the public prosecutor finds that collusion
exists, he shall state the on the finding of Section 12. Contents of pre-trial brief. - The pre-trial
collusion within ten days from receipt of a brief shall contain the following:
copy of a report The court shall set the report
for hearing and If convinced that the parties (a) A statement of the willingness of the
are in collusion, it shall dismiss the petition. parties to enter into agreements as may be
allowed by law, indicating the desired terms
(3) If the public prosecutor reports that no thereof;
collusion exists, the court shall set the case
for pre-trial. It shall be the duty of the public (b) A concise statement of their respective
prosecutor to appear for the State at the pre- claims together with the applicable laws and
trial. authorities;

Section 10. Social worker. - The court may require a (c) Admitted facts and proposed stipulations
social worker to conduct a case study and submit the of facts, as well as the disputed factual and
corresponding report at least three days before the pre- legal issues;
trial. The court may also require a case study at any
stage of the case whenever necessary. (d) All the evidence to be presented, including
expert opinion, if any, briefly stating or
Section 11. Pre-trial. - describing the nature and purpose thereof;

(1) Pre-trial mandatory. - A pre-trial is (e) The number and names of the witnesses
mandatory. On motion or motu proprio, the and their respective affidavits; and
court shall set the pre-trial after the last
pleading has been served and filed, or upon (f) Such other matters as the court may
receipt of the report of the public prosecutor require.
that no collusion exists between the parties.
Failure to file the pre-trial brief or to comply with
(2) Notice of pre-trial. - (a) The notice of pre- its required contents shall have the same effect as
trial shall contain: failure to appear at the pre-trial under the succeeding
paragraphs.
(1) the date of pre-trial
conference; and 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 (3) Evidence, including objects and
a valid excuse for the non-appearance of the petitioner. documents, that have been marked
and will be presented;
(b) If the respondent has filed his answer but
fails to appear, the court shall proceed with (4) Names of witnesses who will be
the pre-trial and require the public prosecutor presented and their testimonies in
to investigate the non-appearance of the the form of affidavits; and
respondent and submit within fifteen days
thereafter a report to the court stating whether (5) Schedule of the presentation of
his non-appearance is due to any collusion evidence.
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 (c) The pre-trial order shall also contain a
merits to prevent suppression or fabrication of directive to the public prosecutor to appear for
evidence. the State and take steps to prevent collusion
between the parties at any stage of the
proceedings and fabrication or suppression of
Section 14. Pre-trial conference. -At the pre-trial evidence during the trial on the merits.
conference, the court:
(d) The parlies shall not be allowed to raise
(a) May refer the issues to a mediator who issues or present witnesses and evidence
shall assist the parties in reaching an other than those stated in the pre-trial order.
agreement on matters not prohibited by law.
The order shall control the trial of the case,
The mediator shall render a report within unless modified by the court to prevent
one month from referral which, for good manifest injustice.
reasons, the court may extend for a period not
exceeding one month.
(e) The parties shall have five days from
receipt of the pre-trial order to propose
(b) In case mediation is not availed of or corrections or modifications.
where it fails, the court shall proceed with the
pre-trial conference, on which occasion it
shall consider the advisability of receiving Section 16. Prohibited compromise. - The court-shall
expert testimony and such other makers as not allow compromise on prohibited matters, such as
may aid in the prompt disposition of the the following:
petition.
(a) The civil status of persons;
Section 15. Pre-trial order. - {a) The proceedings in
the pre-trial shall be recorded. Upon termination of the (b) The validity of a marriage or of a legal
pre-trial, the court shall Issue a pre-trial order which separation;
shall recite in detail the matters taken up In the
conference, the action taken thereon, the amendments (c) Any ground for legal separation;
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 (d) Future support;
matters considered, including any provisional order
that may be necessary or agreed upon by the parties. (e) The jurisdiction of courts; and

(b) Should the action proceed to trial, the (f) Future legitime.
order shall contain a recital of the following;
Section 17. Trial. - (1) The presiding judge shall
(1) Facts undisputed, admitted, and personally conduct the trial of the case. No delegation
those which need not be proved of the reception of evidence to a commissioner shall be
subject to Section 16 of this Rule; allowed except as to matters involving property
relations of the spouses.
(2) Factual and legal issues to be
litigated; (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 (4) Upon the finality of the decision, the court
judgment shall be allowed. shall forthwith issue the corresponding decree
if the parties have no properties.
(3) The court may order the exclusion from
the courtroom of all persons, including If the parties have properties, the court shall
members of the press, who do not have a observe the procedure prescribed in Section 21 of this
direct interest in the case. Such an order may Rule.
be made if the court determines on the record
that requiring a party to testify in open court The entry of judgment shall be registered in the
would not enhance the ascertainment of truth; Civil Registry where the marriage was recorded and In
would cause to the party psychological harm the Civil Registry where the Family Court'granting the
or inability to effectively communicate due to petition for declaration of absolute nullity or annulment
embarrassment, fear, or timidity; would of marriage is located.
violate the right of a party to privacy; or would
be offensive to decency or public morals.
Section 20. Appeal. -
(4) No copy shall be taken nor any
examination or perusal of the records of the (1) Pre-condition. - No appeal from the
case or parts thereof be made by any person decision shall be allowed unless the appellant
other than a party or counsel of a party, has filed a motion for reconsideration or new
except by order of the court. trial within fifteen days from notice of
judgment.
Section 18. Memoranda. - The court may require the
parties and the public prosecutor, in consultation with (2) Notice of appeal. - An aggrieved party or
the Office of the Solicitor General, to file their the Solicitor General may appeal from the
respective memoranda support of their claims within decision by filing a Notice of Appeal within
fifteen days from the date the trial is terminated. It may fifteen days from notice of denial of the motion
require the Office of the Solicitor General to file its own for reconsideration or new trial. The appellant
memorandum if the case is of significant interest to the shall serve a copy of the notice of appeal on
State. No other pleadings or papers may be submitted the adverse parties.
without leave of court. After the lapse of the period
herein provided, the case will be considered submitted Section 21. Liquidation, partition and distribution,
for decision, with or without the memoranda. custody, support of common children and delivery of
their presumptive iegltimes. - Upon entry of the
Section 19. Decision. - (1) If the court renders a judgment granting the petition, or, in case of appeal,
decision granting the petition, it shall declare therein upon receipt of the entry of judgment of the appellate
that the decree of absolute nullity or decree of court granting the petition, the Family Court, on motion
annulment shall be issued by the court only after of either party, shall proceed with the liquidation,
compliance with Article 50 and 51 of the Family Code partition and distribution of the properties of the
as implemented under the Rule on Liquidation, spouses, including custody, support of common
Partition and Distribution of Properties. 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
(2) The parties, including the Solicitor General judicial proceedings.
and the public prosecutor, shall be served
with copies of the decision personally or by
registered mail. If the respondent summoned Section 22. Issuance of Decree of Declaration of
by publication failed to appear in the action, Absolute Nullity or Annulment of Marriage." (a) The
the dispositive part of the decision shall be court shall issue the Decree after;
published once in a newspaper of general
circulation. (1) Registration of the entry of
judgment granting the petition for
(3) The decision becomes final upon the declaration of nullity or annulment of
expiration of fifteen days from notice to the marriage in the Civil Registry where
parties. Entry of judgment shall be made if no the marriage was celebrated and in
motion for reconsideration or new trial, or the Civil Registry of the place where
appeal Is filed by any of the parties the public the Family Court is located;
prosecutor, or the Solicitor General.
(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 Whenever reffered to in this Act, the term
ALTERNATIVE DISPUTE RESOLUTION SYSTEM "ADR practitioners" shall refer to individuals
IN THE PHILIPPINES AND TO ESTABLISH THE acting as mediator, conciliator, arbitrator or
OFFICE FOR ALTERNATIVE DISPUTE neutral evaluator;
RESOLUTION, AND FOR OTHER PURPOSES
(c) "Authenticate" means to sign, execute or
Be it enacted by the Senate and House of adopt a symbol, or encrypt a record in whole
Representatives of the Philippines in Congress or in part, intended to identity the
assembled: authenticating party and to adopt, accept or
establish the authenticity of a record or term;
CHAPTER 1 - GENERAL PROVISIONS
(d) "Arbitration" means a voluntary dispute
resolution process in which one or more
SECTION 1. Title. - This act shall be known as the arbitrators, appointed in accordance with the
"Alternative Dispute Resolution Act of 2004." agreement of the parties, or rules
promulgated pursuant to this Act, resolve a
SEC. 2. Declaration of Policy. - it is hereby declared dispute by rendering an award;
the policy of the State to actively promote party
autonomy in the resolution of disputes or the freedom (e) "Arbitrator" means the person appointed to
of the party to make their own arrangements to resolve render an award, alone or with others, in a
their disputes. Towards this end, the State shall dispute that is the subject of an arbitration
encourage and actively promote the use of Alternative agreement;
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 (f) "Award" means any partial or final decision
use of ADR as an efficient tool and an alternative by an arbitrator in resolving the issue in a
procedure for the resolution of appropriate cases. controversy;
Likewise, the State shall enlist active private sector
participation in the settlement of disputes through ADR. (g) "Commercial Arbitration" An arbitration is
This Act shall be without prejudice to the adoption by "commercial if it covers matter arising from all
the Supreme Court of any ADR system, such as relationships of a commercial nature, whether
mediation, conciliation, arbitration, or any combination contractual or not;
thereof as a means of achieving speedy and efficient
means of resolving cases pending before all courts in (h) "Confidential information" means any
the Philippines which shall be governed by such rules information, relative to the subject of
as the Supreme Court may approve from time to time. mediation or arbitration, expressly intended
by the source not to be disclosed, or obtained
SEC. 3. Definition of Terms. - For purposes of this under circumstances that would create a
Act, the term: reasonable expectation on behalf of the
source that the information shall not be
(a) "Alternative Dispute Resolution System" disclosed. It shall include (1) communication,
means any process or procedure used to oral or written, made in a dispute resolution
resolve a dispute or controversy, other than proceedings, including any memoranda,
by adjudication of a presiding judge of a court notes or work product of the neutral party or
or an officer of a government agency, as non-party participant, as defined in this Act;
defined in this Act, in which a neutral third (2) an oral or written statement made or which
party participates to assist in the resolution of occurs during mediation or for purposes of
issues, which includes arbitration, mediation, considering, conducting, participating,
conciliation, early neutral evaluation, mini- initiating, continuing of reconvening mediation
trial, or any combination thereof; or retaining a mediator; and (3) pleadings,
motions manifestations, witness statements,
reports filed or submitted in an arbitration or
(b) "ADR Provider" means institutions or for expert evaluation;
persons accredited as mediator, conciliator,
arbitrator, neutral evaluator, or any person
exercising similar functions in any Alternative (i) "Convention Award" means a foreign
Dispute Resolution system. This is without arbitral award made in a Convention State;
prejudice to the rights of the parties to choose
nonaccredited individuals to act as mediator, (j) "Convention State" means a State that is a
conciliator, arbitrator, or neutral evaluator of member of the New York Convention;
their dispute.
(k) "Court" as referred to in Article 6 of the (u) "Mini-Trial" means a structured dispute
Model Law shall mean a Regional Trial Court; resolution method in which the merits of a
case are argued before a panel comprising
(l) "Court-Annexed Mediation" means any senior decision makers with or without the
mediation process conducted under the presence of a neutral third person after which
auspices of the court, after such court has the parties seek a negotiated settlement;
acquired jurisdiction of the dispute;
(v) "Model Law" means the Model Law on
(m) "Court-Referred Mediation" means International Commercial Arbitration adopted
mediation ordered by a court to be conducted by the United Nations Commission on
in accordance with the Agreement of the International Trade Law on 21 June 1985;
Parties when as action is prematurely
commenced in violation of such agreement; (w) "New York Convention" means the United
Nations Convention on the Recognition and
(n) "Early Neutral Evaluation" means an ADR Enforcement of Foreign Arbitral Awards
process wherein parties and their lawyers are approved in 1958 and ratified by the
brought together early in a pre-trial phase to Philippine Senate under Senate Resolution
present summaries of their cases and receive No. 71;
a nonbinding assessment by an experienced,
neutral person, with expertise in the subject in (x) "Non-Convention Award" means a foreign
the substance of the dispute; arbitral award made in a State which is not a
Convention State;
(o) "Government Agency" means any
government entity, office or officer, other than (y) "Non-Convention State" means a State
a court, that is vested by law with quasi- that is not a member of the New York
judicial power to resolve or adjudicate dispute Convention.
involving the government, its agencies and
instrumentalities, or private persons; (z) "Non-Party Participant" means a person,
other than a party or mediator, who
(p) "International Party" shall mean an entity participates in a mediation proceeding as a
whose place of business is outside the witness, resource person or expert;
Philippines. It shall not include a domestic
subsidiary of such international party or a (aa) "Proceeding" means a judicial,
coventurer in a joint venture with a party administrative, or other adjudicative process,
which has its place of business in the including related pre-hearing motions,
Philippines. conferences and discovery;

The term foreigner arbitrator shall mean a (bb) "Record" means an information written
person who is not a national of the on a tangible medium or stored in an
Philippines. electronic or other similar medium, retrievable
form; and
(q) "Mediation" means a voluntary process in
which a mediator, selected by the disputing (cc) "Roster" means a list of persons qualified
parties, facilitates communication and to provide ADR services as neutrals or to
negotiation, and assist the parties in reaching serve as arbitrators.
a voluntary agreement regarding a dispute.
SEC. 4. Electronic Signatures in Global and E-
(r) "Mediator" means a person who conducts Commerce Act. - The provisions of the Electronic
mediation; Signatures in Global and E-Commerce Act, and its
implementing Rules and Regulations shall apply to
(s) "Mediation Party" means a person who proceeding contemplated in this Act.
participates in a mediation and whose
consent is necessary to resolve the dispute; SEC. 5. Liability of ADR Provider and Practitioner. -
The ADR providers and practitioners shall have the
(t) "Mediation-Arbitration" or Med-Arb is a same civil liability for the Acts done in the performance
step dispute resolution process involving both of then duties as that of public officers as provided in
mediation and arbitration; Section 38 (1), Chapter 9, Book of the Administrative
Code of 1987.
SEC. 6. Exception to the Application of this Act. - engaged in connection with the mediation as
The provisions of this Act shall not apply to resolution secretary, stenographer, clerk or assistant;
or settlement of the following: (a) labor disputes and (6) any other person who obtains or
covered by Presidential Decree No. 442, otherwise possesses confidential information by reason
known as the Labor Code of the Philippines, as of his/her profession.
amended and its Implementing Rules and Regulations;
(b) the civil status of persons; (c) the validity of a (e) The protections of this Act shall continue
marriage; (d) any ground for legal separation; (e) the to apply even of a mediator is found to have
jurisdiction of courts; (f) future legitime; (g) criminal failed to act impartially.
liability; and (h) those which by law cannot be
compromised.
(f) a mediator may not be called to testify to
provide information gathered in mediation. A
CHAPTER 2 - MEDIATION mediator who is wrongfully subpoenaed shall
be reimbursed the full cost of his attorney's
SEC. 7. Scope. - The provisions of this Chapter shall fees and related expenses.
cover voluntary mediation, whether ad hoc or
institutional, other than court-annexed. The term SEC. 10. Waiver of Confidentiality. - A privilege
"mediation' shall include conciliation. arising from the confidentiality of information may be
waived in a record, or orally during a proceeding by the
SEC. 8. Application and Interpretation. - In applying mediator and the mediation parties.
construing the provisions of this Chapter, consideration
must be given to the need to promote candor or parties A privilege arising from the confidentiality of
and mediators through confidentiality of the mediation information may likewise be waived by a nonparty
process, the policy of fostering prompt, economical, participant if the information is provided by such
and amicable resolution of disputes in accordance with nonparty participant.
the principles of integrity of determination by the
parties, and the policy that the decision-making
authority in the mediation process rests with the A person who discloses confidential information shall
parties. 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
SEC. 9. Confidentiality of Information. - Information understanding of the previously disclosed information.
obtained through mediation proceedings shall be If a person suffers loss or damages in a judicial
subject to the following principles and guidelines: proceeding against the person who made the
disclosure.
(a) Information obtained through mediation
shall be privileged and confidential. A person who discloses or makes a representation
about a mediation is preclude from asserting the
(b) A party, a mediator, or a nonparty privilege under Section 9, to the extent that the
participant may refuse to disclose and may communication prejudices another person in the
prevent any other person from disclosing a proceeding and it is necessary for the person
mediation communication. prejudiced to respond to the representation of
disclosure.
(c) Confidential Information shall not be
subject to discovery and shall be inadmissible SEC. 11. Exceptions to Privilege. -
if any adversarial proceeding, whether judicial
or quasi-judicial, However, evidence or (a) There is no privilege against disclosure
information that is otherwise admissible or under Section 9 if mediation communication
subject to discovery does not become is:
inadmissible or protected from discovery
solely by reason of its use in a mediation.
(1) in an agreement evidenced by a
record authenticated by all parties to
(d) In such an adversarial proceeding, the the agreement;
following persons involved or previously
involved in a mediation may not be compelled
to disclose confidential information obtained (2) available to the public or that is
during mediation: (1) the parties to the made during a session of a
dispute; (2) the mediator or mediators; (3) the mediation which is open, or is
counsel for the parties; (4) the nonparty required by law to be open, to the
participants; (5) any persons hired or public;
 (3) a threat or statement of a plan to (d) If a mediation communication is not
inflict bodily injury or commit a crime privileged under an exception in subsection
of violence; (a) or (b), only the portion of the
communication necessary for the application
(4) internationally used to plan a of the exception for nondisclosure may be
crime, attempt to commit, or commit admitted. The admission of particular
a crime, or conceal an ongoing crime evidence for the limited purpose of an
or criminal activity; exception does not render that evidence, or
any other mediation communication,
admissible for any other purpose.
(5) sought or offered to prove or
disprove abuse, neglect,
abandonment, or exploitation in a SEC. 12. Prohibited Mediator Reports. - A mediator
proceeding in which a public agency may not make a report, assessment, evaluation,
is protecting the interest of an recommendation, finding, or other communication
individual protected by law; but this regarding a mediation to a court or agency or other
exception does not apply where a authority that make a ruling on a dispute that is the
child protection matter is referred to subject of a mediation, except:
mediation by a court or a public
agency participates in the child (a) Where the mediation occurred or has
protection mediation; terminated, or where a settlement was
reached.
(6) sought or offered to prove or
disprove a claim or complaint of (b) As permitted to be disclosed under
professional misconduct or Section 13 of this Chapter.
malpractice filed against mediator in
a proceeding; or SEC. 13. Mediator's Disclosure and Conflict of
Interest. - The mediation shall be guided by the
(7) sought or offered to prove or following operative principles:
disprove a claim of complaint of
professional misconduct of (a) Before accepting a mediation, an
malpractice filed against a party, individual who is requested to serve as a
nonparty participant, or mediator shall:
representative of a party based on
conduct occurring during a
mediation. (1) make an inquiry that is
reasonable under the circumstances
to determinate whether there are
(b) There is no privilege under Section 9 if a any known facts that a reasonable
court or administrative agency, finds, after a individual would consider likely to
hearing in camera, that the party seeking affect the impartiality of the
discovery of the proponent of the evidence mediator, including a financial or
has shown that the evidence is not otherwise personal interest in the outcome of
available, that there is a need for the evidence the mediation and any existing or
that substantially outweighs the interest in past relationship with a party or
protecting confidentiality, and the mediation foreseeable participant in the
communication is sought or offered in: mediation; and

(1) a court proceeding involving a (2) disclosure to the mediation

crime or felony; or parties any such fact known or
learned as soon as is practical
(2) a proceeding to prove a claim or before accepting a mediation.
defense that under the law is
sufficient to reform or avoid a liability (b) If a mediation learns any fact described in
on a contract arising out of the paragraph (a) (1) of this section after
mediation. accepting a mediation, the mediator shall
disclose it as soon as practicable.
(c) A mediator may not be compelled to
provide evidence of a mediation At the request of a mediation party, an individual who
communication or testify in such proceeding. 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 appropriate Clerk of a Regional Trial Court of
special qualifications by background or profession the place where one of the parties resides.
unless the special qualifications of a mediator are Where there is a need to enforce the
required in the mediation agreement or by the settlement agreement, a petition may be filed
mediation parties. by any of the parties with the same court, in
which case, the court shall proceed
SEC. 14. Participation in Mediation. - Except as summarily to hear the petition, in accordance
otherwise provided in this Act, a party may designate a with such rules of procedure as may be
lawyer or any other person to provide assistance in the promulgated by the Supreme Court.
mediation. A lawyer of this right shall be made in writing
by the party waiving it. A waiver of participation or legal (d) The parties may agree in the settlement
representation may be rescinded at any time. agreement that the mediator shall become a
sole arbitrator for the dispute and shall treat
SEC. 15. Place of Mediation. - The parties are free to the settlement agreement as an arbitral award
agree on the place of mediation. Failing such which shall be subject to enforcement under
agreement, the place of mediation shall be any place Republic Act No. 876, otherwise known as the
convenient and appropriate to all parties. Arbitration Law, notwithstanding the
provisions of Executive Order No. 1008 for
mediated dispute outside of the CIAC.
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 CHAPTER 3 - OTHER ADR FORMS
include an agreement to be bound by the internal
mediation and administrative policies of such SEC. 18. Referral of Dispute to other ADR Forms. -
institution. Further, an agreement to submit a dispute The parties may agree to refer one or more or all issues
to mediation under international mediation rule shall be arising in a dispute or during its pendency to other
deemed to include an agreement to have such rules forms of ADR such as but not limited to (a) the
govern the mediation of the dispute and for the evaluation of a third person or (b) a mini-trial, (c)
mediator, the parties, their respective counsel, and mediation-arbitration, or a combination thereof.
nonparty participants to abide by such rules.
For purposes of this Act, the use of other ADR forms
In case of conflict between the institutional mediation shall be governed by Chapter 2 of this Act except
rules and the provisions of this Act, the latter shall where it is combined with arbitration in which case it
prevail. shall likewise be governed by Chapter 5 of this Act.

SEC. 17. Enforcement of Mediated Settlement CHAPTER 4 - INTERNATIONAL COMMERCIAL

Agreement. - The mediation shall be guided by the ARBITRATION
following operative principles:
SEC. 19. Adoption of the Model Law on
(a) A settlement agreement following International Commercial Arbitration. - International
successful mediation shall be prepared by the commercial arbitration shall be governed by the Model
parties with the assistance of their respective Law on International Commercial Arbitration (the
counsel, if any, and by the mediator. "Model Law") adopted by the United Nations
Commission on International Trade Law on June 21,
The parties and their respective counsels 1985 (United Nations Document A/40/17) and
shall endeavor to make the terms and recommended approved on December 11, 1985, copy
condition thereof complete and make of which is hereto attached as Appendix "A".
adequate provisions for the contingency of
breach to avoid conflicting interpretations of SEC. 20. Interpretation of Model Law. - In
the agreement. interpreting the Model Law, regard shall be had to its
international origin and to the need for uniformity in its
(b) The parties and their respective counsels, interpretation and resort may be made to the travaux
if any, shall sign the settlement agreement. preparatories and the report of the Secretary General
The mediator shall certify that he/she of the United Nations Commission on International
explained the contents of the settlement Trade Law dated March 25, 1985 entitled,
agreement to the parties in a language known "International Commercial Arbitration: Analytical
to them. Commentary on Draft Trade identified by reference
number A/CN. 9/264."
(c) If the parties so desire, they may deposit
such settlement agreement with the
SEC. 21. Commercial Arbitration. - An arbitration is arbitration is agreed to be conducted. Where the
"commercial" if it covers matters arising from all parties have agreed to submit their dispute to
relationships of a commercial nature, whether institutional arbitration rules, and unless they have
contractual or not. Relationships of a transactions: any agreed to a different procedure, they shall be deemed
trade transaction for the supply or exchange of goods to have agreed to procedure under such arbitration
or services; distribution agreements; construction of rules for the selection and appointment of arbitrators.
works; commercial representation or agency; factoring; In ad hoc arbitration, the default appointment of an
leasing, consulting; engineering; licensing; investment; arbitrator shall be made by the National President of
financing; banking; insurance; joint venture and other the Integrated Bar of the Philippines (IBP) or his duly
forms of industrial or business cooperation; carriage of authorized representative.
goods or passengers by air, sea, rail or road.
SEC. 27. What Functions May be Performed by
SEC. 22. Legal Representation in International Appointing Authority. - The functions referred to in
Arbitration. - In international arbitration conducted in Articles 11(3), 11(4), 13(3) and 14(1) of the Model Law
the Philippines, a party may be presented by any shall be performed by the Appointing Authority, unless
person of his choice. Provided, that such the latter shall fail or refuse to act within thirty (30) days
representative, unless admitted to the practice of law from receipt of the request in which case the applicant
in the Philippines, shall not be authorized to appear as may renew the application with the Court.
counsel in any Philippine court, or any other quasi-
judicial body whether or not such appearance is in SEC. 28. Grant of Interim Measure of Protection. -
relation to the arbitration in which he appears.
(a) It is not incompatible with an arbitration
SEC. 23. Confidential of Arbitration Proceedings. - agreement for a party to request, before
The arbitration proceedings, including the records, constitution of the tribunal, from a Court an
evidence and the arbitral award, shall be considered interim measure of protection and for the
confidential and shall not be published except (1) with Court to grant such measure. After
the consent of the parties, or (2) for the limited purpose constitution of the arbitral tribunal and during
of disclosing to the court of relevant documents in arbitral proceedings, a request for an interim
cases where resort to the court is allowed herein. measure of protection or modification thereof,
Provided, however, that the court in which the action or may be made with the arbitral tribunal or to
the appeal is pending may issue a protective order to the extent that the arbitral tribunal has no
prevent or prohibit disclosure of documents or power to act or is unable to act effectively, the
information containing secret processes, request may be made with the Court. The
developments, research and other information where it arbitral tribunal is deemed constituted when
is shown that the applicant shall be materially the sole arbitrator or the third arbitrator who
prejudiced by an authorized disclosure thereof. has been nominated, has accepted the
nomination and written communication of said
SEC. 24. Referral to Arbitration. - A court before nomination and acceptance has been
which an action is brought in a matter which is the received by the party making request.
subject matter of an arbitration agreement shall, if at
least one party so requests not later that the pre-trial (b) The following rules on interim or
conference, or upon the request of both parties provisional relief shall be observed:
thereafter, refer the parties to arbitration unless it finds
that the arbitration agreement is null and void,
inoperative or incapable of being performed. (1) Any party may request that
provision relief be granted against
the adverse party:
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 (2) Such relief may be granted:
commenced by or against multiple parties, one or more
of whom are parties who are bound by the arbitration (i) to prevent irreparable
agreement although the civil action may continue as to loss or injury:
those who are not bound by such arbitration
agreement. (ii) to provide security for
the performance of any
SEC. 26. Meaning of "Appointing Authority.". - obligation;
"Appointing Authority" as used in the Model Law shall
mean the person or institution named in the arbitration (iii) to produce or preserve
agreement as the appointing authority; or the regular any evidence; or
arbitration arbitration institution under whose rules the
 (iv) to compel any other The arbitral tribunal may, unless otherwise agreed by
appropriate act or the parties, meet at any place it considers appropriate
omission. for consultation among its members, for hearing
witnesses, experts, or the parties, or for inspection of
(3) The order granting provisional goods, other property or documents.
relief may be conditioned upon the
provision of security or any act or SEC. 31. Language of the Arbitration. - The parties
omission specified in the order. are free to agree on the language or languages to be
used in the arbitral proceedings. Failing such
(4) Interim or provisional relief is agreement, the language to be used shall be English
requested by written application in international arbitration, and English or Filipino for
transmitted by reasonable means to domestic arbitration, unless the arbitral tribunal shall
the Court or arbitral tribunal as the determine a different or another language or languages
case may be and the party against to be used in the proceedings. This agreement or
whom the relief is sought, describing determination, unless otherwise specified therein, shall
in appropriate detail the precise apply to any written statement by a party, any hearing
relief, the party against whom the and any award, decision or other communication by the
relief is requested, the grounds for arbitral tribunal.
the relief, and evidence supporting
the request. The arbitral tribunal may order that any documentary
evidence shall be accompanied by a translation into
(5) The order shall be binding upon the language or languages agreed upon by the parties
the parties. or determined in accordance with paragraph 1 of this
section.
(6) Either party may apply with the
Court for assistance in Implementing CHAPTER 5 - DOMESTIC ARBITRATION
or enforcing an interim measure
ordered by an arbitral tribunal. SEC. 32. Law Governing Domestic Arbitration. -
Domestic arbitration shall continue to be governed by
(7) A party who does not comply with Republic Act No. 876, otherwise known as "The
the order shall be liable for all Arbitration Law" as amended by this Chapter. The term
damages resulting from "domestic arbitration" as used herein shall mean an
noncompliance, including all arbitration that is not international as defined in Article
expenses, and reasonable (3) of the Model Law.
attorney's fees, paid in obtaining the
order's judicial enforcement. SEC. 33. Applicability to Domestic Arbitration. -
Article 8, 10, 11, 12, 13, 14, 18 and 19 and 29 to 32 of
SEC. 29. Further Authority for Arbitrator to Grant the Model Law and Section 22 to 31 of the preceding
Interim Measure of Protection. - Unless otherwise Chapter 4 shall apply to domestic arbitration.
agreed by the parties, the arbitral tribunal may, at the
request of a party, order any party to take such interim CHAPTER 6 - ARBITRATION OF CONSTRUCTION
measures of protection as the arbitral tribunal may DISPUTES
consider necessary in respect of the subject matter of
the dispute following the rules in Section 28, paragraph SEC. 34. Arbitration of Construction Disputes:
2. Such interim measures may include but shall not be Governing Law. - The arbitration of construction
limited to preliminary injuction directed against a party, disputes shall be governed by Executive Order No.
appointment of receivers or detention, preservation, 1008, otherwise known as the Constitution Industry
inspection of property that is the subject of the dispute Arbitration Law.
in arbitration. Either party may apply with the Court for
assistance in implementing or enforcing an interim
measures ordered by an arbitral tribunal. SEC. 35. Coverage of the Law. - Construction
disputes which fall within the original and exclusive
jurisdiction of the Construction Industry Arbitration
SEC. 30. Place of Arbitration. - The parties are free Commission (the "Commission") shall include those
to agree on the place of arbitration. Failing such between or among parties to, or who are otherwise
agreement, the place of arbitration shall be in Metro bound by, an arbitration agreement, directly or by
Manila, unless the arbitral tribunal, having regard to the reference whether such parties are project owner,
circumstances of the case, including the convenience contractor, subcontractor, quantity surveyor,
of the parties shall decide on a different place of bondsman or issuer of an insurance policy in a
arbitration. construction project.
The Commission shall continue to exercise original and SEC. 40. Confirmation of Award. - The confirmation
exclusive jurisdiction over construction disputes of a domestic arbitral award shall be governed by
although the arbitration is "commercial" pursuant to Section 23 of R.A. 876.
Section 21 of this Act.
A domestic arbitral award when confirmed shall be
SEC. 36. Authority to Act as Mediator or enforced in the same manner as final and executory
Arbitrator. - By written agreement of the parties to a decisions of the Regional Trial Court.
dispute, an arbitrator may act as mediator and a
mediator may act as arbitrator. The parties may also The confirmation of a domestic award shall be made
agree in writing that, following a successful mediation, by the regional trial court in accordance with the Rules
the mediator shall issue the settlement agreement in of Procedure to be promulgated by the Supreme Court.
the form of an arbitral award.
A CIAC arbitral award need not be confirmed by the
SEC. 37. Appointment of Foreign Arbitrator. - The regional trial court to be executory as provided under
Construction Industry Arbitration Commission (CIAC) E.O. No. 1008.
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 SEC. 41. Vacation Award. - A party to a domestic
accredited by CIAC: Provided, That: 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
(a) the dispute is a construction dispute in Court only on those grounds enumerated in Section 25
which one party is an international party of Republic Act No. 876. Any other ground raised
against a domestic arbitral award shall be disregarded
(b) the person to be appointed agreed to by the regional trial court.
abide by the arbitration rules and policies of
CIAC; B. FOREIGN ARBITRAL AWARDS

(c) he/she is either coarbitrator upon the SEC. 42. Application of the New York Convention. -
nomination of the international party; or The New York Convention shall govern the recognition
he/she is the common choice of the two and enforcement of arbitral awards covered by the said
CIAC-accredited arbitrators first appointed Convention.
one of whom was nominated by the
international party; and
The recognition and enforcement of such arbitral
awards shall be filled with regional trial court in
(d) the foreign arbitrator shall be of different accordance with the rules of procedure to be
nationality from the international party. promulgated by the Supreme Court. Said procedural
rules shall provide that the party relying on the award
SEC. 38. Applicability to Construction Arbitration. - or applying for its enforcement shall file with the court
The provisions of Sections 17 (d) of Chapter 2, and the original or authenticated copy of the award and the
Section 28 and 29 of this Act shall apply to arbitration arbitration agreement. If the award or agreement is not
of construction disputes covered by this Chapter. made in any of the official languages, the party shall
supply a duly certified translation thereof into any of
SEC. 39. Court to Dismiss Case Involving a such languages.
Construction Dispute. - A regional trial court which a
construction dispute is filed shall, upon becoming The applicant shall establish that the country in which
aware, not later than the pretrial conference, that the foreign arbitration award was made is a party to the
parties had entered into an arbitration to be conducted New York Convention.
by the CIAC, unless both parties, assisted by their
respective counsel, shall submit to the regional trial If the application for rejection or suspension of
court a written agreement exclusive for the Court, enforcement of an award has been made, the regional
rather than the CIAC, to resolve the dispute. trial court may, if it considers it proper, vacate its
decision and may also, on the application of the party
CHAPTER 7 - JUDICIAL REVIEW OF ARBITRAL claiming recognition or enforcement of the award,
AWARDS order the party to provide appropriate security.

A. DOMESTIC AWARDS 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 SEC. 48. Notice of Proceeding to Parties. - In a
procedural rules to be promulgated by the Supreme special proceeding for recognition and enforcement of
Court. The Court may, grounds of comity and an arbitral award, the Court shall send notice to the
reciprocity, recognize and enforce a nonconvention parties at their address of record in the arbitration, or if
award as a convention award. any party cannot be served notice at such address, at
such party's last known address. The notice shall be
SEC. 44. Foreign Arbitral Award Not Foreign sent at least fifteen (15) days before the date set for the
Judgment. - A foreign arbitral award when confirmed initial hearing of the application.
by a court of a foreign country, shall be recognized and
enforced as a foreign arbitral award and not a judgment CHAPTER 8 - MISCELLANEOUS PROVISIONS
of a foreign court.
SEC. 49. Office for Alternative Dispute
A foreign arbitral award, when confirmed by the Resolution. - There is hereby established the Office
regional trial court, shall be enforced as a foreign for Alternative Dispute Resolution as an attached
arbitral award and not as a judgment of a foreign court. agency to the Department of Justice (DOJ) which shall
have a Secretariat to be headed by an executive
A foreign arbitral award, when confirmed by the director. The executive director shall be appointed by
regional trial court, shall be enforced in the same the President of the Philippines.
manner as final and executory decisions of courts of
law of the Philippines. The objective of the office are:

SEC. 45. Rejection of a Foreign Arbitral Award. - A (a) to promote, develop and expand the use
party to a foreign arbitration proceeding may oppose of ADR in the private and public sectors; and
an application for recognition and enforcement of the
arbitral award in accordance with the procedural rules To assist the government to monitor, study and
to be promulgated by the Supreme Court only on those evaluate the use by the public and the private sector of
grounds enumerated under Article V of the New York ADR, and recommend to Congress needful statutory
Convention. Any other ground raised shall be changes to develop. Strengthen and improve ADR
disregarded by the regional trial court. practices in accordance with world standards.

SEC. 46. Appeal from Court Decisions on Arbitral SEC. 50. Powers and Functions of the Office for
Awards. - A decision of the regional trial court Alternative Dispute Resolution. - The Office for
confirming, vacating, setting aside, modifying or Alternative Dispute Resolution shall have the following
correcting an arbitral award may be appealed to the powers and functions:
Court of Appeals in accordance with the rules of
procedure to be promulgated by the Supreme Court.
(a) To formulate standards for the training of
the ADR practitioners and service providers;
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 (b) To certify that such ADR practitioners and
of the prevailing party equal to the amount of the award ADR service providers have undergone the
in accordance with the rules to be promulgated by the professional training provided by the office;
Supreme Court.
(c) To coordinate the development,
SEC. 47. Venue and Jurisdiction. - Proceedings for implementation, monitoring, and evaluation of
recognition and enforcement of an arbitration government ADR programs;
agreement or for vacation, setting aside, correction or
modification of an arbitral award, and any application (d) To charge fees for their services; and
with a court for arbitration assistance and supervision
shall be deemed as special proceedings and shall be (e) To perform such acts as may be
filled with the regional trial court (i) where arbitration necessary to carry into effect the provisions of
proceedings are conducted; (ii) where the asset to be this Act.
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 SEC. 51. Appropriations. - The amount necessary to
National Judicial Capital Region, at the option of the carry out the provisions of this Act shall be included in
applicant. 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.