Special Rules of Court on

Alternative Dispute
Resolution
A.M. 07-11-08
Subject matters covered by Special Rules of Court
on ADR

• Relief on the issue of Existence, Validity, or Enforceability of the Arbitration

I
Agreement
• Referral to Alternative Dispute Resolution
• Interim Measures of Protection
• Appointment of Arbitrator

II
• Challenge to appointment of an Arbitrator
• Termination of Mandate of Arbitrator
• Assistance in taking evidence

• Confirmation, Correction or Vacation of Award of Arbitration

• Recognition and Enforcement or Setting Aside of an Award in International

III
Rule 1.1 A.M No. 07-11-8
Commercial Arbitration
• Recognition and Enforcement of Foreign Arbitral Award
• Confidentiality and Protective Orders 2

• Deposit and Enforcement of Mediated Settlement Agreement

Rule 1.1 A.M No. 07-11-08
 GENERAL CONCEPTS
#1 Does not automatically govern
arbitration proceedings itself pursuant to
the concept of party autonomy

#2 Rule’s procedural mechanism extends

to a confirmed award’s execution in light of
doctrine of necessary implication

#3 Proceedings under this rule are special

proceedings

DENR vs United Planters Consulatation

 GENERAL CONCEPTS
#4 As to service:

• Petitioner shall serve either by personal service or courier a copy of the

petition to the respondent prior to filing thereof (Rule 1.3)

• Proof of service: personal – affidavit of person who effected service stating

time, place and manner of service; by courier – signed courier proof of
delivery; refused/failed service – affidavit/delivery receipt must state the same
(Rule 1.3)

#5 Court has 30 days from last day of hearing to resolve

#6 Pleadings filed under ADR Rules must be verified and

must have a certification against forum shopping 4

DENR vs United Planters Consulatation

Rule 1,3, 1.4, 1.5 A.M. 07-11-08
GENERAL PRINCIPLES

#7 Prohibited pleadings:
• Motion to dismiss
• Motion for bill of particulars
• Motion for new trial or for reopening of trial
• Petition for relief from judgment
• Motion for extension, except in cases where an ex parte temporary order of protection has
been issued;
• Rejoinder or reply
• Motion to declare a party in default
• Any other pleadings specifically disallowed under any provision of the Special ADR Rules

* Court may motu proprio order a pleading/motion expunged from records if found dilatory 5

Rule 1.6 A.M No. 07-11-08

 GENERAL CONCEPTS
# 7 Filing and service of pleadings by electronic
transmission allowed by arrangement of parties approved
by the court. Follow Rules on Electronic Evidence

#8 Policy of the State to actively

promote the use of various modes of
ADR and respect party autonomy

#9 Where court intervention is allowed

by the rules, it shall not refuse to grant
relief
6
Rule. 1.8 A.M. No. 07-11-08
Rule. 2.1 A.M. No. 07-11-08
Rule. 2.2 A.M. No. 07-11-08
 GENERAL CONCEPTS
#10 Principle of Competence-Competence
• Arbitral tribunal may initially rule on its own jurisdiction, including any objection with respect to
the existence, validity of the arbit agreement or any condition precedent to the filing of request
for arbitration

#11 Principle of Separability of the

Arbitration Clause
• Arbitration clause shall be treated as an agreement independent of the other terms of the
contract which it forms part.

#12 Parties are free to agree on the

procedure to be followed.
7
Rule. 2.2 A.M. No. 07-11-08
Rule 2.3 A.M. No. 07-11-08
 GENERAL CONCEPTS
#13 Special ADR Rules do not apply to court-annexed
mediation

#11 An arbitrator cannot act as a

mediator

#12 Settlement agreement may be

converted to an arbitral award

Rule 2.5, 2.6, 2.7 AM No. 07-11-8

 JUDICIAL RELIEF INVOLVING THE ISSUE OF EXISTENCE,
VALIDITY AND ENFORCEABILITY OF THE ARBITRATION
AGREEMENT

BEFORE Commencement of Arbitration AFTER Arbitration Commences

Petition for Judicial Determination of Existence, Validity Petition for Judicial Relief from the Ruling of the Arbitral
and/or Enforcement of an Arbitration Agreement Tribunal on Preliminary Question Upholding/Declining its
Jurisdiction
• May be filed by any party to an arbitration agreement • May be filed by any party to an arbitration agreement
• Venue: RTC of place where any of • Venue: RTC where arbitration is taking place or where
petitioners/Respondents has his principal place of any of petitioners/Respondents has his principal place of
business/residence business/residence
• Grounds: (1) Invalid, (2) Void, (3) Unenforceable, (4) • Grounds: (1) Invalid, (2) Void, (3) Unenforceable, (4)
Inexistent Inexistent
• Forum Shopping is not allowed • Period to file: w/in 30 days from receipt of notice of 9
ruling of arbitral tribunal

Note: Shall apply only when the place of arbitration is in the Philippines
 JUDICIAL RELIEF INVOLVING THE ISSUE OF EXISTENCE,
VALIDITY AND ENFORCEABILITY OF THE ARBITRATION
AGREEMENT

BEFORE Commencement of Arbitration AFTER Arbitration Commences

Petition for Judicial Determination of Existence, Validity Petition for Judicial Relief from the Ruling of the Arbitral
and/or Enforcement of an Arbitration Agreement Tribunal on Preliminary Question Upholding/Declining its
Jurisdiction
• Contents of Petition:
• Should the ruling of arbitrators declining jurisdiction be reversed,
a. Facts showing that petitioner/respondent has legal
the parties are free to replace arbitrators
capacity to sue or be sued • Same contents of petition; Same time of filing comment/opposition
b. Nature and substance of dispute • Arbitrators shall be impleaded as nominal parties & notified of
c. Grounds and circumstances relied upon by petitioner
the progress of the case
d. Reliefs sought • Court may not issue injunction over arbitration proceedings
• To be dismissed when: 1) failed to comply with 3.16; 2) not prima
• Must attach authentic copy of arbitration agreement 10
facie meritorious
• Comment/Opposition w/in 15 days from service of petition • MR allowed but not subject to appeal;
• Prima facie determination not subject to MR, appeal or
• Affirmed – not subject to certiorari; No jurisdiction – subject
certiorari
to certiorari
What happens when there is already an action pending in court?

Request to Refer the Parties to

Arbitration
When to file:
a) When arbitration agreement exists before the action is filed: not later than pre-trial
conference
b) Submission agreement – at anytime during the proceedings

Must be in the form of a motion

Must attach authentic copy of the arbitration agreement
Must contain a notice of hearing
Comment or opposition must show that: a) there is no agreement; 2) agreement is null and
void; c) subject matter not capable of settlement or resolution by arbitration. 11
What happens when there is already an action pending in court?

Request to Refer the Parties to

Arbitration
Court action: Stay the action if there is prima facie proof that there is an arbitration
agreement and subject matter is capable of settlement by arbitration

Significance of using the word “request”

In using the word “may” to qualify the act of filing the request, the Special ADR Rules clearly did
not limit the invocation of an arbitration agreement in a pending suit solely via such request.
In the case of Koppel vs Makati Rotary Club, the petitioner failed to file a separate request of
arbitration but in its Answer with Counterclaim, it apprised the MeTC of the same. This is
enough invocation.

12
What happens when there is already an action pending in court?

Request to Refer the Parties to

Arbitration
Order referring the dispute to arbitration
- Not subject to Motion for Reconsideration
- Not subject to Appeal
- Not subject to petition for certiorari
- It is immediately executory

Proper remedy to an order denying the request to refer to arbitration

-Motion for reconsideration and/or petition for certiorari
- Not subject to appeal
13
What happens when there is already an action pending in court?

Request to Refer the Parties to

Arbitration
Rule 4.7. Multiple actions and parties. - The court shall not decline to refer some or all of the parties to
arbitration for any of the following reasons:
a. Not all of the disputes subject of the civil action may be referred to arbitration;
b. Not all of the parties to the civil action are bound by the arbitration agreement and referral to
arbitration would result in multiplicity of suits;
c. The issues raised in the civil action could be speedily and efficiently resolved in its entirety by
the court rather than in arbitration;
d. Referral to arbitration does not appear to be the most prudent action; or
e. The stay of the action would prejudice the rights of the parties to the civil action who are not
bound by the arbitration agreement.
The court may, however, issue an order directing the inclusion in arbitration of those parties who are not
bound by the arbitration agreement but who agree to such inclusion provided those originally bound by 14
it do not object to their inclusion.
Interim Measures of Protection
WHEN:
(a) before arbitration is commenced
(b) after arbitration is commenced, but before the constitution of the arbitral tribunal, or
(c) after the constitution of the arbitral tribunal and at any time during arbitral proceedings but, at
this stage, only to the extent that the arbitral tribunal has no power to act or is unable to act
effectively

WHERE:
Regional Trial Court, which has jurisdiction over any of the following places:
a. Where the principal place of business of any of the parties to arbitration is located;
b. Where any of the parties who are individuals resides;
c. Where any of the acts sought to be enjoined are being performed, threatened to be performed or
not being performed; or
d. Where the real property subject of arbitration, or a portion thereof is situated.

15
Interim Measures of Protection
WHY:
The following grounds, while not limiting the reasons for the court to grant an interim measure of
protection, indicate the nature of the reasons that the court shall consider in granting the relief:
a. The need to prevent irreparable loss or injury;
b. The need to provide security for the performance of any obligation;
c. The need to produce or preserve evidence; or
d. The need to compel any other appropriate act or omission.

HOW:
The verified petition must state the following:
a. The fact that there is an arbitration agreement;
b. The fact that the arbitral tribunal has not been constituted, or if constituted, is unable to act or
would be unable to act effectively;
c. A detailed description of the appropriate relief sought;
d. The grounds relied on for the allowance of the petition
Apart from other submissions, the petitioner must attach to his petition an authentic copy of the 16

arbitration agreement.
Interim Measures of Protection
WHAT:
The following, among others, are the interim measures of protection that a court may grant:
a. Preliminary injunction directed against a party to arbitration;
b. Preliminary attachment against property or garnishment of funds in the custody of a bank or a
third person;
c. Appointment of a receiver;
d. Detention, preservation, delivery or inspection of property; or,
e. Assistance in the enforcement of an interim measure of protection granted by the arbitral
tribunal, which the latter cannot enforce effectively.

17
Interim Measures of Protection

OTHER ASPECTS OF INTERIM MEASURES:

• Prior notice may be dispensed with when there is an urgent need to:

(a) preserve property

(b) prevent the respondent from disposing of, or concealing, the property, or
(c) prevent the relief prayed for from becoming illusory because of prior notice
and the court finds that the reason/s given by the petitioner are meritorious.
- Court shall issue immediately an executory temporary protection order and require petitioner
within 5 days from receipt of such order to post a bond to answer for damage
-TPO valid for 20 days from service

• Decision of court (when respondent was given an opportunity to be heard) is immediately

executory but subject to an MR, and/or appeal, or if warranted, a petition for certiorari
• Any court order granting/denying the interim measures of protection is issued without prejudice
to subsequent grant, modification, amendment, revision or revocation by the arbitral tribunal/ 18
• Inconsistency in order of arbitral tribunal and court – to be referred to court
Interim Measures of Protection

OTHER ASPECTS OF INTERIM MEASURES:

• Court shall defer action on any pending petition for an interim measure of protection upon
being informed that an arbitral tribunal has been constituted pursuant to the agreement.
Court may act only when it is shown that the tribunal has no power to act on such interim
measure of protection.

• Court shall assist in the enforcement of an interim measure of protection issued by the arbitral
tribunal

19
ARBITRATORS

Appointment of Arbitrators (Rule 6)

Challenge to the Appointment of An

Arbitrator (Rule 7)

Termination of Mandate of Arbitrator

(Rule 8)
20
 ARBITRATORS

Appointment of Arbitrators (Rule 6)

Court shall act as an appointing authority when:

a) Parties in an institutional arbitration failed or b) In all instances where arbitration is ad hoc
refused to appoint an arbitrator/ Parties failed to and parties failed to provide a method for
agree on the sole arbitrator/ Two designated appointing/replacing arbitrator or method is
arbitrators failed to reach an agreement as to ineffective and National President of IBP/ duly
third arbitrator/ The institution under whose authorized rep fails or refuses to act within such
rules arbitration is to be conducted fails or is period as may be allowed by pertinent rules of
unable to perform its duty an appointing IBP or agreed upon by parties or w/in 30 days
authority from receipt of request of appointment
c) There is an agreement that thee be 3 arbitrators but there is no method of appointment
agreed upon, each party shall appoint one and the two arbitrators appointed shall appoint
the third and if a party fails to do so within 30 days from receipt of request to do so or the 21

two arbitrators fail to agree as to third arbitrator, the appointment shall be done by
appointing authority. If he fails, the court shall act as appointing authority upon request.
 ARBITRATORS

Appointment of Arbitrators (Rule 6)

WHO: Any party to an arbitration WHAT:

a. The general nature of the dispute;
WHERE: at the option of the petitioner, in the b. Description of that procedure with reference to the
Regional Trial Court agreement where such may be found;
a. where the principal place of business of any c. Number of arbitrators agreed upon or the absence of any
of the parties is located, agreement as to the number of arbitrators;
b. if any of the parties are individuals, where d. The special qualifications that the arbitrator/s must possess,
those individuals reside, if any, that were agreed upon by the parties;
c. in the National Capital Region. e. Fact that the Appointing Authority, without justifiable cause,
has failed or refused to act as such within the time prescribed
or in the absence thereof, within a reasonable time, from the
date a request is made; and
22
f. The petitioner is not the cause of the delay in, or failure of,
the appointment of the arbitrator.
 ARBITRATORS

Appointment of Arbitrators (Rule 6)

Court may require each party to submit a list of not less than 3 proposed
arbitrators

At any time after petition is filed and before the court makes an
appointment, it shall also dismiss the petition upon being informed that
the AA has already been appointed

Forum shopping is prohibited

Order of appointing an arbitrator is immediately final and executory and

not subject to MR, appeal or certiorari
Order denying is subject to MR, appeal, certiorari 23
 ARBITRATORS

Challenge to Appointment of
Arbitrators (Rule 7)
Rule 7.4. Grounds. - An arbitrator may
Rule 7.2. When challenge may be raised in court. - be challenged on any of the grounds
When an arbitrator is challenged before the arbitral for challenge provided for in Republic
tribunal under the procedure agreed upon by the Act No. 9285 and its implementing
parties or under the procedure provided for in rules, Republic Act No. 876 or the
Article 13 (2) of the Model Law and the challenge Model Law. The nationality or
is not successful, the aggrieved party may professional qualification of an
request the Appointing Authority to rule on the arbitrator is not a ground to
challenge, and it is only when such Appointing challenge an arbitrator unless the
Authority fails or refuses to act on the challenge parties have specified in their
within such period as may be allowed under the arbitration agreement a nationality
applicable rule or in the absence thereof, within and/or professional qualification for 24
thirty (30) days from receipt of the request, that the appointment as arbitrator.
aggrieved party may renew the challenge in court.
ARBITRATORS

Challenge to Appointment of
Arbitrators (Rule 7)

Grounds:
a) Under RA 876
• In relation to capacity: if not of legal age, does not
have full enjoyment of his civil rights, nor does he
know how to read and write
• If he is related by blood or marriage within the 6th
degree to either party
• If he or she has financial, fiduciary or other interest in
the controversy or personal bias

25
 ARBITRATORS

Challenge to Appointment of
Arbitrators (Rule 7)

b) Under Model Law

Article 12 - Grounds for challenge
1) When a person is approached in connection with his possible appointment as an arbitrator, he shall
disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or
independence. An arbitrator, from the time of his appointment and throughout the arbitral proceedings,
shall without delay disclose any such circumstances to the parties unless they have already been
informed of them by him.

2) An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to
his impartiality or independence, or if he does not possess qualifications agreed to by the parties. A
party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only
26
for
reasons of which he becomes aware after the appointment has been made.
*Same grounds under IRR of R.A. 9285
ARBITRATORS

The court shall dismiss the petition motu proprio unless:

it is clearly alleged therein that the Appointing Authority charged with

deciding the challenge, after the resolution of the arbitral tribunal
rejecting the challenge is raised or contested before such Appointing
Authority, failed or refused to act on the challenge within thirty (30)
days from receipt of the request or within such longer period as
may apply or as may have been agreed upon by the parties.

1
• Challenge before the arbitral tribunal

2
• Challenge before the Appointing authority

3
• Challenge before the Court
27
 ARBITRATORS

Challenge to Appointment of
Arbitrators (Rule 7)

Rule 7.7. Court action. - After hearing, the court shall remove the challenged arbitrator if it finds merit in the
petition; otherwise, it shall dismiss the petition.
The court shall allow the challenged arbitrator who subsequently agrees to accept the challenge to withdraw
as arbitrator.
The court shall accept the challenge and remove the arbitrator in the following cases:
a. The party or parties who named and appointed the challenged arbitrator agree to the challenge and
withdraw the appointment.
b. The other arbitrators in the arbitral tribunal agree to the removal of the challenged arbitrator; and
c. The challenged arbitrator fails or refuses to submit his comment on the petition or the brief of legal
arguments as directed by the court, or in such comment or legal brief, he fails to object to his removal
following the challenge. 28
 ARBITRATORS

Challenge to Appointment of
Arbitrators (Rule 6)

Rule 7.8. No motion for reconsideration, appeal or certiorari. - Any order of the court resolving the
petition shall be immediately executory and shall not be the subject of a motion for reconsideration, appeal,
or certiorari.

29
 ARBITRATORS

Termination of the Mandate of

Arbitrator (Rule 8)

Rule 8.1. Who may request termination and on Rule 8.2. When to request. - If an arbitrator
what grounds.- Any of the parties to an arbitration refuses to withdraw from his office, and
may request for the termination of the mandate of subsequently, the Appointing Authority fails or
an arbitrator where an arbitrator becomes de refuses to decide on the termination of the
jure or de facto unable to perform his function mandate of that arbitrator within such period as
or for other reasons fails to act without undue may be allowed under the applicable rule or, in the
delay and that arbitrator, upon request of any absence thereof, within thirty (30) days from the
party, fails or refuses to withdraw from his time the request is brought before him, any party
office. may file with the court a petition to terminate the
mandate of that arbitrator.
30
 ARBITRATORS

Termination of the Mandate of

Arbitrator (Rule 8)

Rule 8.1. Who may request termination and on Rule 8.2. When to request. - If an arbitrator
what grounds.- Any of the parties to an arbitration refuses to withdraw from his office, and
may request for the termination of the mandate of subsequently, the Appointing Authority fails or
an arbitrator where an arbitrator becomes de refuses to decide on the termination of the
jure or de facto unable to perform his function mandate of that arbitrator within such period as
or for other reasons fails to act without undue may be allowed under the applicable rule or, in the
delay and that arbitrator, upon request of any absence thereof, within thirty (30) days from the
party, fails or refuses to withdraw from his time the request is brought before him, any party
office. may file with the court a petition to terminate the
mandate of that arbitrator.
31
 ARBITRATORS

Termination of the Mandate of

Arbitrator (Rule 8)

Rule 8.4. Contents of the petition. - The petition shall state the Order of court is immediately executory and
following: not subject to MR, appeal or petition for
a. The name of the arbitrator whose mandate is sought to be certiorari.
terminated;
b. The ground/s for termination; Substitute Arbitrator may be appointed
c. The fact that one or all of the parties had requested the when:
arbitrator to withdraw but he failed or refused to do so; a) Mandate or arbitrator is terminated
d. The fact that one or all of the parties requested the Appointing b) He withdraws from office
Authority to act on the request for the termination of the c) Mandate is revoked by the parties or
mandate of the arbitrator and failure or inability of the Appointing terminated
Authority to act within thirty (30) days from the request of a party 32
or parties or within such period as may have been agreed upon
by the parties or allowed under the applicable rule.
 Assistance in Taking Evidence

WHO:
Rule 9.1. Who may request assistance. - Any party to an arbitration, whether
domestic or foreign, may request the court to provide assistance in taking evidence.

WHEN
Rule 9.2. When assistance may be sought. - Assistance may be sought at any time
during the course of the arbitral proceedings when the need arises.

WHERE
Rule 9.3. Venue. - A petition for assistance in taking evidence may, at the option of
the petitioner, be filed with Regional Trial Court where (a) arbitration proceedings are
taking place, (b) the witnesses reside or may be found, or (c) where the evidence
may be found.

33

ADD A FOOTER
Assistance in Taking Evidence

WHAT

Rule 9.6. Contents of the petition. - The petition must state the following:
a. The fact that there is an ongoing arbitration proceeding even if such
proceeding could not continue due to some legal impediments;
b. The arbitral tribunal ordered the taking of evidence or the party desires to
present evidence to the arbitral tribunal;
c. Materiality or relevance of the evidence to be taken; and
d. The names and addresses of the intended witness/es, place where the
evidence may be found, the place where the premises to be inspected are located or
the place where the acts required are to be done.

34
Assistance in Taking Evidence

HOW
Rule 9.6. Contents of the petition. - The petition must state the following:
a. The fact that there is an ongoing arbitration proceeding even if such proceeding
could not continue due to some legal impediments;
b. The arbitral tribunal ordered the taking of evidence or the party desires to present
evidence to the arbitral tribunal;
c. Materiality or relevance of the evidence to be taken; and
d. The names and addresses of the intended witness/es, place where the evidence
may be found, the place where the premises to be inspected are located or the
place where the acts required are to be done.

CONDITIONS TO BE GRANTED (N-M-R)

Rule 9.8. Court action. - If the evidence sought is not privileged, and is material
and relevant, the court shall grant the assistance in taking evidence requested and
35
shall order petitioner to pay costs attendant to such assistance.
Assistance in Taking Evidence

Rule 9.9. Relief against court action. - The order granting assistance in taking
evidence shall be immediately executory and not subject to reconsideration or
appeal. If the court declines to grant assistance in taking evidence, the petitioner
may file a motion for reconsideration or appeal.

36
 Confidentiality/ Protective Orders

WHO WHERE
Rule 10.1. Who may request confidentiality. - A Rule 10.3. Venue. - A petition for a protective order
party, counsel or witness who disclosed or who was may be filed with the Regional Trial Court where that
compelled to disclose information relative to the order would be implemented.
subject of ADR under circumstances that would If there is a pending court proceeding in which the
create a reasonable expectation, on behalf of the information obtained in an ADR proceeding is required
source, that the information shall be kept to be divulged or is being divulged, the party seeking to
confidential has the right to prevent such enforce the confidentiality of the information may file a
information from being further disclosed without the motion with the court where the proceedings are
express written consent of the source or the party pending to enjoin the confidential information from
who made the disclosure. being divulged or to suppress confidential information.

WHEN
Rule 10.2. When request made. - A party may
request a protective order at anytime there is a
37
need to enforce the confidentiality of the information
obtained, or to be obtained, in ADR proceedings.
 Confidentiality/ Protective Orders

WHY HOW
Rule 10.4. Grounds. - A protective order may be Rule 10.5. Contents of the motion or petition. - The
granted only if it is shown that the applicant would petition or motion must state the following:
be materially prejudiced by an unauthorized a. That the information sought to be protected was
disclosure of the information obtained, or to be obtained, or would be obtained, during an ADR
obtained, during an ADR proceeding. proceeding;
b. The applicant would be materially prejudiced by the
disclosure of that information;
c. The person or persons who are being asked to
divulge the confidential information participated in an
ADR proceedings; and
d. The time, date and place when the ADR proceedings
took place.
Apart from the other submissions, the movant must set
the motion for hearing and contain a notice of hearing
38
in accordance with Rule 15 of the Rules of Court.
 Confidentiality/ Protective Orders

WHY NOT

Rule 10.7. Comment/Opposition. - The

comment/opposition must be filed within fifteen (15)
days from service of the petition. The opposition or
comment may be accompanied by written proof that
(a) the information is not confidential, (b) the
information was not obtained during an ADR
proceeding, (c) there was a waiver of confidentiality,
or (d) the petitioner/movant is precluded from
asserting confidentiality.

39
 Confidentiality/ Protective Orders

GUIDING PRINCIPLES

Confidential information shall not be subject to discovery and shall be inadmissible in any adversarial
proceeding, whether judicial or quasi judicial. x x x
For mediation proceedings, the court shall be further guided by the following principles:
a. Information obtained through mediation shall be privileged and confidential.
b. A party, a mediator, or a nonparty participant may refuse to disclose and may prevent any other person
from disclosing a mediation communication.
c. In such an adversarial proceeding, the following persons involved or previously involved in a mediation
may not be compelled to disclose confidential information obtained during the mediation: (1) the
parties to the dispute; (2) the mediator or mediators; (3) the counsel for the parties: (4) the nonparty
participants; (5) any persons hired or engaged in connection with the mediation as secretary, stenographer;
clerk or assistant; and (6) any other person who obtains or possesses confidential information by reason of
his/ her profession.
d. The protection of the ADR Laws shall continue to apply even if a mediator is found to have failed to act
40
impartially.
e. A mediator may not be called to testify to provide information gathered in mediation. A mediator who is
wrongfully subpoenaed shall be reimbursed the full cost of his attorney fees and related expenses.
 Confidentiality/ Protective Orders

RELIEF

Rule 10.9. Relief against court action. - The order enjoining a person or persons from divulging
confidential information shall be immediately executory and may not be enjoined while the order
is being questioned with the appellate courts.
If the court declines to enjoin a person or persons from divulging confidential information, the
petitioner may file a motion for reconsideration or appeal.

41
 CONFIRMATION, CORRECTION OR
VACATION OF AWARD IN DOMESTIC
ARBITRATION
Confirmation Correction/Modification Vacation
• Period: At anytime before the • Period: Not later than 30 days • Period: Not later than 30 days
lapse of 30 days from receipt by from receipt of the arbitral award from receipt of the arbitral award
the petitioner of the arbitral • May be part of a petition to • May be filed in opposition to a
award confirm confirmation
• May be filed in opposition to a • If filed beyond reglementary
petition to vacate period, it shall be dismissed
• Dismissal of petition for vacation
due to filing beyond
reglementary period shall not
result in dismissal of the Petition
for confirmation
• Shall not authorize the late filing
of a petition to vacate
42
CONFIRMATION, CORRECTION OR
VACATION OF AWARD IN DOMESTIC
ARBITRATION
WHERE
Rule 11.3. Venue. - The petition for confirmation, correction/modification or vacation of a
domestic arbitral award may be filed with Regional Trial Court having jurisdiction over the
place in which one of the parties is doing business, where any of the parties reside or
where arbitration proceedings were conducted.

43
 CONFIRMATION, CORRECTION OR
VACATION OF AWARD IN DOMESTIC
ARBITRATION
GROUNDS FOR VACATION OF DOMESTIC ARBITRATION AWARD
EXCLUSIVE LIST
Rule 11.4. Grounds. - (A) To vacate an arbitral award. - The arbitral award may be vacated on the
following grounds:
a. The arbitral award was procured through corruption, fraud or other undue means;
b. There was evident partiality or corruption in the arbitral tribunal or any of its members;
c. The arbitral tribunal was guilty of misconduct or any form of misbehavior that has
materially prejudiced the rights of any party such as refusing to postpone a hearing upon sufficient
cause shown or to hear evidence pertinent and material to the controversy;
d. One or more of the arbitrators was disqualified to act as such under the law and willfully
refrained from disclosing such disqualification; or
e. The arbitral tribunal exceeded its powers, or so imperfectly executed them, such that a
complete, final and definite award upon the subject matter submitted to them was not made.
The award may also be vacated on any or all of the following grounds:
a. The arbitration agreement did not exist, or is invalid for any ground for the revocation of a 44
contract or is otherwise unenforceable; or
b. A party to arbitration is a minor or a person judicially declared to be incompetent.
CONFIRMATION, CORRECTION OR
VACATION OF AWARD IN DOMESTIC
ARBITRATION
GROUNDS FOR VACATION OF DOMESTIC ARBITRATION AWARD

Evident partiality is not defined in our arbitration laws. As one of the grounds for vacating an
arbitral award under the Federal Arbitration Act (FAA) in the United States (US), the term
"encompasses both an arbitrator’s explicit bias toward one party and an arbitrator’s inferred bias
when an arbitrator fails to disclose relevant information to the parties.“

It is the finding of evident partiality which constitutes legal ground for vacating the Second Partial
Award and not the Arbitration Tribunal’s application of the ICC Rules x x x
Alternative dispute resolution methods or ADRs – like arbitration, mediation, negotiation and
conciliation – are encouraged by this Court. By enabling parties to resolve their disputes amicably,
they provide solutions that are less time-consuming, less tedious, less confrontational, and more
productive of goodwill and lasting relationship. Institutionalization of ADR was envisioned as "an
important means to achieve speedy and impartial justice and declog court dockets.“ The most
important feature of arbitration, and indeed, the key to its success, is the public’s confidence
and trust in the integrity of the process. For this reason, the law authorizes vacating an 45
arbitral award when there is evident partiality in the arbitrators.
(RCBC vs Banco De Oro UniBank Inc.)
 CONFIRMATION, CORRECTION OR
VACATION OF AWARD IN DOMESTIC
ARBITRATION
GROUNDS FOR CORRECTION/MODIFICATION

(B) To correct/modify an arbitral award. - The Court may correct/modify or order the arbitral tribunal
to correct/modify the arbitral award in the following cases:
a. Where there was an evident miscalculation of figures or an evident mistake in the
description of any person, thing or property referred to in the award;
b. Where the arbitrators have awarded upon a matter not submitted to them, not affecting the
merits of the decision upon the matter submitted;
c. Where the arbitrators have omitted to resolve an issue submitted to them for resolution; or
d. Where the award is imperfect in a matter of form not affecting the merits of the
controversy, and if it had been a commissioner’s report, the defect could have been
amended or disregarded by the Court.

46
CONFIRMATION, CORRECTION OR VACATION
OF AWARD IN DOMESTIC ARBITRATION
• Rule on Forum Shopping

• Consolidation of two proceedings

• Contents of Petition: • Attachments of the petition:

a. The addresses of the parties and any change a. An authentic copy of the arbitration
thereof; agreement;
b. The jurisdictional issues raised by a party during b. An authentic copy of the arbitral
arbitration proceedings; award;
c. The grounds relied upon by the parties in seeking c. A certification against forum shopping
the vacation of the arbitral award whether the petition executed by the applicant in accordance
is a petition for the vacation or setting aside of the with Section 5 of Rule 7 of the Rules of
arbitral award or a petition in opposition to a petition Court; and
to confirm the award; and d. An authentic copy or authentic copies
d. A statement of the date of receipt of the arbitral of the appointment of an arbitral
award and the circumstances under which it was tribunal. 47

received by the petitioner.

Recognition & Enforcement or Setting Aside of an
International Commercial Arbitration Award
WHO: WHEN:

Petition to
Rule 12.1. Who may request

Petition to
recognition and enforcement or
setting aside. - Any party to an
international commercial arbitration Recogniz
in the Philippines may petition the Set Aside
proper court to recognize and
enforce or set aside an arbitral
e
award. Within 3 months
Anytime from the from the time the
receipt of award petitioner
receives a copy
thereof

48
Recognition & Enforcement or Setting Aside of an
International Commercial Arbitration Award
WHERE
Rule 12.3. Venue. - A petition to recognize and
enforce or set aside an arbitral award may, at
the option of the petitioner, be filed with the
Regional Trial Court: (a) where arbitration
proceedings were conducted; (b) where any of
the assets to be attached or levied upon is
located; (c) where the act to be enjoined will be
or is being performed; (d) where any of the
parties to arbitration resides or has its place of
business; or (e) in the National Capital Judicial
Region.

49
Recognition & Enforcement or Setting Aside of an
International Commercial Arbitration Award
(iii). The award deals with a dispute not
WHY
contemplated by or not falling within the terms
of the submission to arbitration, or contains
Rule 12.4. Grounds to set aside or resist
decisions on matters beyond the scope of the
enforcement. - The court may set aside or refuse
submission to arbitration; provided that, if the
the enforcement of the arbitral award only if:
decisions on matters submitted to arbitration can
a. The party making the application furnishes proof
be separated from those not so submitted, only
that:
that part of the award which contains decisions on
(i). A party to the arbitration agreement was under
matters not submitted to arbitration may be set
some incapacity, or the said agreement is not
aside or only that part of the award which contains
valid under the law to which the parties have
decisions on matters submitted to arbitration may
subjected it or, failing any indication thereof,
be enforced; or
under Philippine law; or
(iv). The composition of the arbitral tribunal or
(ii). The party making the application to set
the arbitral procedure was not in accordance
aside or resist enforcement was not given
with the agreement of the parties, unless such
proper notice of the appointment of an arbitrator
agreement was in conflict with a provision of 50
or of the arbitral proceedings or was otherwise
Philippine law from which the parties cannot
unable to present his case; or
derogate, or, failing such agreement, was not in
accordance with Philippine law;
Recognition & Enforcement or Setting Aside of an
International Commercial Arbitration Award
WHY RECOURSE

b. The court finds that: Rule 12.5. Exclusive recourse against

(i). The subject-matter of the dispute is not arbitral award. - Recourse to a court
capable of settlement by arbitration under the law against an arbitral award shall be made
of the Philippines; or only through a petition to set aside the
(ii). The recognition or enforcement of the arbitral award and on grounds prescribed
award would be contrary to public policy. by the law that governs international
commercial arbitration. Any other recourse
PRESUMPTION from the arbitral award, such as by appeal
or petition for review or petition for
Rule 12.12. Presumption in favor of confirmation. - It certiorari or otherwise, shall be dismissed
is presumed that an arbitral award was made and by the court.
released in due course and is subject to enforcement
by the court, unless the adverse party is able to 51
establish a ground for setting aside or not enforcing
an arbitral award
Recognition & Enforcement of a Foreign Arbitral
Award

WHO WHERE
Rule 13.1. Who may request recognition and
enforcement. - Any party to a foreign arbitration may Rule 13.3. Venue. - The petition to recognize
petition the court to recognize and enforce a foreign and enforce a foreign arbitral award shall be
arbitral award. filed, at the option of the petitioner, with the
Regional Trial Court (a) where the assets to
Note: In the best interest of justice, the losing party In be attached or levied upon is located, (b)
an FAA cannot avail of the rule that bars foreign corps where the act to be enjoined is being
not licensed to do business in PH from maintaining a performed, (c) in the principal place of
suit. (Tuna Processing vs Philippine Kingford) business in the Philippines of any of the
parties, (d) if any of the parties is an
WHEN individual, where any of those individuals
Rule 13.2. When to petition. - At any time after receipt resides, or (e) in the National Capital Judicial
of a foreign arbitral award, any party to arbitration may Region.
petition the proper Regional Trial Court to recognize
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and enforce such award.
 Recognition & Enforcement of a Foreign Arbitral
Award
GOVERNING LAW
(ii). The party making the application was not given
1958 New York Convention on the Recognition and
proper notice of the appointment of an arbitrator or
Enforcement of Foreign Arbitral Awards
of the arbitral proceedings or was otherwise unable
to present his case; or
Special Rules of Court on Alternative Dispute Resolution
(iii). The award deals with a dispute not
contemplated by or not falling within the terms of
GROUNDS TO REFUSE
the submission to arbitration, or contains decisions
A Philippine Court shall not set aside a foreign arbitral
on matters beyond the scope of the submission to
award but may refuse its recognition and enforcement on
arbitration; provided that, if the decisions on
any of the following grounds:
matters submitted to arbitration can be separated
from those not so submitted, only that part of the
a. The party making the application to refuse recognition
award which contains decisions on matters not
and enforcement of the award furnishes proof that:
submitted to arbitration may be set aside; or
(i). A party to the arbitration agreement was under some
incapacity; or the said agreement is not valid under the
law to which the parties have subjected it or, failing any 53

indication thereof, under the law of the country where the

award was made; or
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 Recognition & Enforcement of a Foreign Arbitral
Award

GROUNDS TO REFUSE
(iv). The composition of the arbitral tribunal or the arbitral
procedure was not in accordance with the agreement of
the parties or, failing such agreement, was not in
accordance with the law of the country where arbitration
took place; or
(v). The award has not yet become binding on the parties
or has been set aside or suspended by a court of the
country in which that award was made; or
b. The court finds that:
(i). The subject-matter of the dispute is not capable of
settlement or resolution by arbitration under Philippine
law; or
(ii). The recognition or enforcement of the award would be
contrary to public policy. 54

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 Recognition & Enforcement of a Foreign Arbitral
Award

OTHER MATERIAL CONCEPTS:

• If foreign arbitral award or agreement is not in Rule 13.12. Recognition and enforcement of non-
English, petitioner shall attach to the petition a convention award. - The court shall, only upon
translation of all documents into English, certified grounds provided by these Special ADR Rules,
by an official or sworn or sworn translator or by a recognize and enforce a foreign arbitral award
diplomatic or consular agent made in a country not a signatory to the New
York Convention when such country extends
• Opposition may be filed within 30 days from comity and reciprocity to awards made in the
receipt of notice and petition Philippines. If that country does not extend
comity and reciprocity to awards made in the
• In resolving the petition for recognition and Philippines, the court may nevertheless treat
enforcement of a foreign arbitral award in accordance such award as a foreign judgment enforceable as
with these Special ADR Rules, the court shall either [a] such under Rule 39, Section 48, of the Rules of
recognize and/or enforce or [b] refuse to recognize and Court.
55
enforce the arbitral award. The court shall not disturb
the arbitral tribunal’s determination of facts and/or
ADD A FOOTERinterpretation of law.(Rule 13.11
Provisions Specific to Mediation

Deposit and Enforcement of Mediated Settlement Agreements

(q) "Mediation" means a voluntary process in which a mediator, selected by the disputing
parties, facilitates communication and negotiation, and assist the parties in reaching a
voluntary agreement regarding a dispute. (R.A. 9285)

Rule 15.1. Who makes a deposit. - Any party to a mediation that is not court-annexed may
deposit with the court the written settlement agreement, which resulted from that mediation.
Rule 15.2. When deposit is made. - At any time after an agreement is reached, the written
settlement agreement may be deposited.
Rule 15.3. Venue. - The written settlement agreement may be jointly deposited by the parties or
deposited by one party with prior notice to the other party/ies with the Clerk of Court of the
Regional Trial Court (a) where the principal place of business in the Philippines of any of the
parties is located; (b) if any of the parties is an individual, where any of those individuals resides;
orA (c)
ADD in the National Capital Judicial Region.
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Provisions Specific to Mediation

Deposit and Enforcement of Mediated Settlement Agreements

Rule 15.4. Registry Book. - The Clerk of Court of each Regional Trial Court shall keep a
Registry Book that shall chronologically list or enroll all the mediated settlement
agreements/settlement awards that are deposited with the court as well as the names and
address of the parties thereto and the date of enrollment and shall issue a Certificate of
Deposit to the party that made the deposit.

Rule 15.5. Enforcement of mediated settlement agreement. - Any of the parties to a

mediated settlement agreement, which was deposited with the Clerk of Court of the Regional
Trial Court, may, upon breach thereof, file a verified petition with the same court to
enforce said agreement.

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Provisions Specific to Mediation

Deposit and Enforcement of Mediated Settlement Agreements

Rule 15.6. Contents of petition. - The verified petition shall:
a. Name and designate, as petitioner or respondent, all parties to the mediated settlement
agreement and those who may be affected by it;
b. State the following:
(i). The addresses of the petitioner and respondents; and
(ii). The ultimate facts that would show that the adverse party has defaulted to perform its
obligation under said agreement; and
c. Have attached to it the following:
(i). An authentic copy of the mediated settlement agreement; and
(ii). Certificate of Deposit showing that the mediated settlement agreement was deposited
with the Clerk of Court.

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Provisions Specific to Mediation

Deposit and Enforcement of Mediated Settlement Agreements

Rule 15.7. Opposition. - The adverse party may file an opposition, within fifteen (15) days
from receipt of notice or service of the petition, by submitting written proof of compliance with
the mediated settlement agreement or such other affirmative or negative defenses it may
have.
Rule 15.8. Court action. - After a summary hearing, if the court finds that the agreement is a
valid mediated settlement agreement, that there is no merit in any of the affirmative or
negative defenses raised, and the respondent has breached that agreement, in whole or in
part, the court shall order the enforcement thereof; otherwise, it shall dismiss the petition.

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Provisions Specific to Construction Arbitration

Rule 16.1. Application of the rules on arbitration. -

Whenever applicable and appropriate, the rules on
arbitration shall be applied in proceedings before the
court relative to a dispute subject to construction
arbitration.

RULE 17: REFERRAL TO CIAC

Rule 17.1. Dismissal of action. - A Regional Trial Court Rule 17.6. Referral immediately executory. -
before which a construction dispute is filed shall, upon An order dismissing the case and referring the
becoming aware that the parties have entered into an dispute to arbitration by CIAC shall be
arbitration agreement, motu proprio or upon motion immediately executory.
made not later than the pre-trial, dismiss the case
and refer the parties to arbitration to be conducted
by the Construction Industry Arbitration Commission
(CIAC), unless all parties to arbitration, assisted by their
respective counsel, submit to the court a written 60

agreement making the court, rather than the CIAC, the

body that would exclusively resolve the dispute.
 Provisions Specific to Other Forms of ADR

Rule 18.1. Applicability of rules to other forms of Rule 18.3. Applicability of rules on arbitration.-If the other
ADR. - This rule governs the procedure for ADR form/process is more akin to arbitration (i.e., the
matters brought before the court involving the neutral third party has the power to make a binding
following forms of ADR: resolution of the dispute), the herein rules on arbitration
a. Early neutral evaluation; shall apply.
b. Neutral evaluation;
c. Mini-trial; Rule 18.4. Referral. - If a dispute is already before a court,
d. Mediation-arbitration; either party may before and during pre-trial, file a motion for
e. A combination thereof; or the court to refer the parties to other ADR forms/processes.
f. Any other ADR form. At any time during court proceedings, even after pre-trial,
the parties may jointly move for suspension of the action
Rule 18.2. Applicability of the rules on mediation. pursuant to Article 2030 of the Civil Code of the Philippines
- If the other ADR form/process is more akin to where the possibility of compromise is shown.
mediation (i.e., the neutral third party merely
assists the parties in reaching a voluntary Rule 18.5. Submission of settlement agreement. - Either
agreement), the herein rules on mediation shall party may submit to the court, before which the61 case is
apply. pending, any settlement agreement following a neutral or
an early neutral evaluation, mini-trial or mediation-
arbitration.
 Motion for Reconsideration
Appeal
Petition for Certiorari

Motion for Petition for

Appeal
Reconsideration Certiorari
• Within 15 days from receipt of • Cannot go into the merits of the • Cannot go into the
questioned ruling case
• Non-extendible • Allowed only in instances merits of the case
• In writing, stating the ground. provided by the Rules • Allowed only in
• Filed with court and served • Within 15 days from the notice instances provided by
upon other party of decision of RTC
• Comment/opposition – 15 days • Shall not stay the award, the Rules
• Resolved within 30 days from judgment or final order or
receipt of opposition/comment resolution
or upon expiration of period
62
• No second MR allowed

*Prohibited alternative remedies

 Rule on Judicial Review on Arbitration in the Philippines:

1) Court can only vacate or set aside the decision of arbitral tribunal upon a clear showing
that the award suffers from any of the infirmities or grounds of vacating under:
a) Sec. 24 of RA 876
b) Rule 34 Model Law
c) Other Grounds under Special Rules

2) If RTC is asked to set aside an arbitral award on any ground other than those provided in
Special ADR Rules, the court shall entertain such ground for the setting aside or non-
recognition of the arbitral award only if the same amounts to a violation of public policy.

3) Courts shall not set aside/vacate an award of the arbitral tribunal merely on the
ground that the tribunal committed errors of fact, or of law, or of fact and law; they
cannot substitute their judgment for that of the tribunal
63

Rule 19.10
Rule on Judicial Review of Foreign Arbitral Awards:

The court has no power t vacate or set aside a foreign arbitral award

The court can deny recognition or enforcement of a foreign arbitral award only upon the
grounds provided in Article V of the New York Convention

64

Rule 19.10
 Motion for Reconsideration
MR is allowed
• Rule 19.1. Motion for reconsideration, when allowed. - A party • .j Setting aside an international commercial arbitral
may ask the Regional Trial to reconsider its ruling on the award;
following:
• k. Dismissing the petition to set aside an
• a. That the arbitration agreement is inexistent, invalid or international commercial arbitral award, even if the
unenforceable pursuant to Rule 3.10 (B); court does not recognize and/or enforce the same;
• b. Upholding or reversing the arbitral tribunal’s jurisdiction • l. Recognizing and/or enforcing, or dismissing a
pursuant to Rule 3.19; petition to recognize and/or enforce an international
• c. Denying a request to refer the parties to arbitration; commercial arbitral award;
• d. Granting or denying a party an interim measure of • m. Declining a request for assistance in taking
protection; evidence;
• e. Denying a petition for the appointment of an arbitrator; • n. Adjourning or deferring a ruling on a petition to set
aside, recognize and/or enforce an international
• f. Refusing to grant assistance in taking evidence; commercial arbitral award;
• g. Enjoining or refusing to enjoin a person from divulging • o. Recognizing and/or enforcing a foreign arbitral
confidential information; award, or refusing recognition and/or enforcement of
• h. Confirming, vacating or correcting a domestic arbitral award; the same; and
• i. Suspending the proceedings to set aside an international • p. Granting or dismissing a petition to enforce65 a
commercial arbitral award and referring the case back to the deposited mediated settlement agreement
arbitral tribunal;
 Motion for Reconsideration
MR is not allowed
• No motion for reconsideration shall be allowed from the
following rulings of the Regional Trial Court:
• a. A prima facie determination upholding the existence,
validity or enforceability of an arbitration agreement
pursuant to Rule 3.1 (A);
• b. An order referring the dispute to arbitration;
• c. An order appointing an arbitrator;
• d. Any ruling on the challenge to the appointment of an
arbitrator;
• e. Any order resolving the issue of the termination of the
mandate of an arbitrator; and
• f. An order granting assistance in taking evidence.
66
 Motion for Reconsideration
MR is not allowed
• No motion for reconsideration shall be allowed from the
following rulings of the Regional Trial Court:
• a. A prima facie determination upholding the existence,
validity or enforceability of an arbitration agreement
pursuant to Rule 3.1 (A);
• b. An order referring the dispute to arbitration;
• c. An order appointing an arbitrator;
• d. Any ruling on the challenge to the appointment of an
arbitrator;
• e. Any order resolving the issue of the termination of the
mandate of an arbitrator; and
• f. An order granting assistance in taking evidence.
67
 Appeal to Court of Appeals
Appeal is allowed
• Rule 19.12. Appeal to the Court of Appeals. - An appeal to the • h. Recognizing and/or enforcing an international
Court of Appeals through a petition for review under this commercial arbitration award;
Special Rule shall only be allowed from the following final
orders of the Regional Trial Court: • i. Dismissing a petition to enforce an international
commercial arbitration award;
• a. Granting or denying an interim measure of protection;
• j. Recognizing and/or enforcing a foreign arbitral
• b. Denying a petition for appointment of an arbitrator; award;
• c. Denying a petition for assistance in taking evidence; • k. Refusing recognition and/or enforcement of a
• d. Enjoining or refusing to enjoin a person from divulging foreign arbitral award;
confidential information; • l. Granting or dismissing a petition to enforce a
• e. Confirming, vacating or correcting/modifying a domestic deposited mediated settlement agreement; and
arbitral award; • m. Reversing the ruling of the arbitral tribunal
• f. Setting aside an international commercial arbitration award; upholding its jurisdiction.
• g. Dismissing the petition to set aside an international
commercial arbitration award even if the court does not decide
to recognize or enforce such award;
68
 Special Civil Action for Certiorari
When allowed
• Rule 19.26. Certiorari to the Court of Appeals. - When the • e. Denying a petition for the appointment of an
Regional Trial Court, in making a ruling under the Special ADR arbitrator;
Rules, has acted without or in excess of its jurisdiction, or with
grave abuse of discretion amounting to lack or excess of • f. Confirming, vacating or correcting a domestic
jurisdiction, and there is no appeal or any plain, speedy, and arbitral award;
adequate remedy in the ordinary course of law, a party may file • g. Suspending the proceedings to set aside an
a special civil action for certiorari to annul or set aside a ruling international commercial arbitral award and referring
of the Regional Trial Court. the case back to the arbitral tribunal;
• A special civil action for certiorari may be filed against the • h. Allowing a party to enforce an international
following orders of the court. commercial arbitral award pending appeal;
• a. Holding that the arbitration agreement is inexistent, invalid or • i. Adjourning or deferring a ruling on whether to set
unenforceable; aside, recognize and or enforce an international
• b. Reversing the arbitral tribunal’s preliminary determination commercial arbitral award;
upholding its jurisdiction; • j. Allowing a party to enforce a foreign arbitral award
• c. Denying the request to refer the dispute to arbitration; pending appeal; and
• d. Granting or refusing an interim relief; • k. Denying a petition for assistance in taking
evidence.
• e. Denying a petition for the appointment of an arbitrator; 69

• f. Confirming, vacating or correcting a domestic arbitral award;

 Appeal by Certiorari to the Supreme Court
• A matter of sound judicial discretion • c. Failed to apply any provision, principle, policy or
• Granted only for serious and compelling reasons resulting in rule contained in these Special ADR Rules resulting
grave prejudice to the aggrieved party in substantial prejudice to the aggrieved party; and
• d. Committed an error so egregious and harmful to a
party as to amount to an undeniable excess of
WHAT CONSTITUTES SERIOUS AND COMPELLING
jurisdiction.
REASONS
The mere fact that the petitioner disagrees with the
The following, while neither controlling nor fully measuring the
Court of Appeals’ determination of questions of fact, of
court's discretion, indicate the serious and compelling, and
necessarily, restrictive nature of the grounds that will warrant the law or both questions of fact and law, shall not warrant
the exercise of the Supreme Court’s discretionary
exercise of the Supreme Court’s discretionary powers, when the
power. The error imputed to the Court of Appeals must
Court of Appeals:
be grounded upon any of the above prescribed
• a. Failed to apply the applicable standard or test for judicial grounds for review or be closely analogous thereto.
review prescribed in these Special ADR Rules in arriving at its
decision resulting in substantial prejudice to the aggrieved
party;
• b. Erred in upholding a final order or decision despite the lack
of jurisdiction of the court that rendered such final order or 70

decision;
 Order of RTC confirming, vacating, modifying or correcting an
arbitral award

If there is GADALEJ and

Motion for Reconsideration within 15 there is no appeal or any
days from the receipt of the order plain speedy and
adequate remedy in the
ordinary course of law
Petition for Review to CA Special Civil Action for Certiorari
(7 legible copies)

MR
MR
71
Petition for Review on Certiorari to the
Supreme Court
ADD A FOOTER
THANK YOU!

72