Chapter 9 – Special Rules of Court on ADR

Alternative Dispute Resolution - Atty. David Ballesteros

TOPICS: - Verified and must be accompanied by a

A. Judicial Relief Involving the Issues of Existence, certification of non-forum shopping.
Validity, and Enforceability of the Arbitration - Authentic copy of the arbitration agreement
Agreement. should be attached UNLESS the ground relied
B. Referral to ADR upon is the non-existence of unenforceability
C. Interim Measures of Protection of the arbitration agreement.
D. Appointment of Arbitrators - Filing of the petition does not prevent the
E. Challenge to Appointment of Arbitrator commencement of arbitration, or continuation
thereof and the rendition of an award.
F. Termination of Mandate of Arbitrator
G. Assistance in Taking Evidence - Should state the ff:
ii. The facts showing that the persons named
H. Confidentiality/ Protective Orders
as petitioner or respondent have legal
I. Confirmation, Recognition, Enforcement, capacity to sue or be sued;
Correction, Vacation or Setting Aside of Arbitral iii. The nature and substance of the dispute
Awards between the parties;
Ia. Confirmation, Correction or iv. The grounds and the circumstances relied
Vacation of Domestic Arbitral upon by the petitioner to establish his
Awards position; and
Ib. Recognition, Enforcement or v. The relief/s sought.
Setting Aside of ICA Awards 2. Comment/Opposition
Ic. Recognition and Enforcement of - Within 15 days from service of the petition, the
Foreign Arbitral Awards. respondent must file his comment or
opposition.
A. Judicial Relief Involving the Issues of Existence, 3. Court Action
Validity, and Enforceability of the Arbitration - Court must exercise judicial restraint and defer
Agreement. (Rules 3.1 – 3.22, Special ADR Rules) to the competence or jurisdiction of the
• Petition for Judicial determination of the existence, arbitral tribunal to rule on its competence and
validity and/or enforceability of an arbitration agreement. jurisdiction.
• This judicial relied is applicable only to arbitration 4. Relief against court action
proceedings conducted in the Philippines. ➢ The determination by ➢ If the court finds the
• Nature: Summary Proceeding. the court upholding the arbitration agreement,
• Issues involved in these proceedings are: existence, validity or Inexistent, Invalid or
1. Existence of the arbitration agreement – Whether or enforceability of the Unenforceable, the
not there is an arbitration agreement; arbitration agreement aggrieved party may file
2. Validity of the arbitration agreement – whether or not under these proceedings a motion for
the arbitration agreement complies with all the is merely prima facie. reconsideration or a
essential requisites for a valid contract; and ➢ Such prima facie petition for certiorari.
3. Enforceability of the arbitration agreement – whether determination, however, ➢ The distinction is
or not the arbitration agreement is enforceable on shall NOT be subject to necessary in order to
accordance with Art. 1403 of the Civil Code. a motion for provide judicial remedy
reconsideration, appeal for a ruling against
A.1 Judicial Relief before commencement of arbitration. or certiorari, but shall be jurisdiction of an arbitral
(Rules 3.2 to 3.11, Special ADR Rules) without prejudice to the tribunal in line with the
• Instances: right of any party to state policy if giving
1. The arbitration proceeding has not yet commenced; raise the same issues preference to ADR.
and before the arbitral
2. There is between the parties a dispute regarding the tribunal or the court in a
existence, validity or enforceability of the arbitration petition to vacate or set
agreement. aside the arbitral award
which shall be resolved
in accordance with the
• Procedural Rules BEFORE commencement of
standards set for such
arbitration:
proceedings.
1. Petition
- To be filed with RTC where any of the parties
resides or has his place of buss.

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Chapter 7 – OTHER FORMS OF ADR
Alternative Dispute Resolution - Atty. David Ballesteros

A.2 Judicial Relief after arbitration commences. (Rules 3.12 pending, to refer the issue back to the arbitral
to 3.22, Special ADR Rules) tribunal once constituted.
• Instances: - Competence-competence principle: courts
1. After commencement of arbitration; are enjoined to exercise judicial restraint and
2. Constitution of the arbitral tribunal; and defer to the competence or jurisdiction of the
3. After the arbitral tribunal has rendered a preliminary arbitral tribunal to rule on its competence or
ruling on its jurisdiction. jurisdiction.
• Issue: Whether or not the arbitral tribunal has jurisdiction - filing and pendency of the petition for judicial
over the arbitral proceedings. relief shall NOT be a cause for the court to
• The rules on judicial relief after the commencement of enjoin the arbitration proceeding and the
arbitration apply under the ff circumstances: arbitral tribunal may proceed with the
1. The arbitration proceeding has already commenced, arbitration and render the award.
the arbitral tribunal has been constituted and has 4. Relief against court action
rendered a preliminary ruling on its jurisdiction; and • The aggrieved party • if the arbitral
2. A party desires to challenge the arbitral tribunal’s may file a motion for tribunal, instead
ruling on the issue of jurisdiction. reconsideration of the of rendering a
order of the court, preliminary
• Procedural rules AFTER arbitration commences: which shall, however, ruling on its
1. Petition not be subject to an jurisdiction,
- Within 30 days from receipt of the notice of a appeal. decides to defer
ruling from an arbitral tribunal, an aggrieved such ruling until
party may file a petition with RTC where: the rendition of
i. any the arbitration is taking place; or the arbitral
ii. where any of the petitioners or award, none of
respondents has his principal place of the parties can
business or residence, at the option of the seek judicial
petitioner. relief from the
- Should state the ff: deferment.
i. The facts showing that the petitioner or • Motions for
respondent have legal capacity to sue or be reconsideration,
sued; appeal and
ii. The nature and substance of the dispute; petitions for
iii. The grounds and the circumstances relied certiorari are
upon for the petition; and not available to
iv. The relief/s sought. challenge the
- The petitioner shall attach a copy of the decision of the
request for arbitration and the ruling of the arbitral tribunal
arbitral tribunal. to defer the
- Respondents shall be furnished with a copy of resolution for
the petition before it is filed. the preliminary
2. Comment/Opposition jurisdictional
issues.
- The respondent should file his comment or
opposition within 15 days from the date of • An order affirming • parties can
service of the petition. the jurisdiction of the await the
3. Court action arbitral tribunal shall rendition of the
- Court shall render judgment on the basis of the NOT be subject to a final arbitral
pleadings filed and evidence submitted, within petition for certiorari, award, and raise
30 days from the time the petition is submitted but an order denying the same issues
for resolution. jurisdiction may be before the court
subject of petition for in a proceeding
- When the arbitration has commenced, but the
certiorari. for setting aside
arbitral tribunal has not yet been constituted,
or vacating the
or although constituted, has not yet rendered a
award.
ruling on its jurisdiction, courts are enjoined
not to entertain any petition for judicial relief
on the issue of jurisdiction or, if already

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Chapter 7 – OTHER FORMS OF ADR
Alternative Dispute Resolution - Atty. David Ballesteros
• Parties:
o In a petition for judicial relief, the arbitrator or
the members of the arbitral tribunal shall be
nominal parties.
o The real interest lies with the claimant and the
respondent who stand to be benefited or injured
by any decision of the court.
o As nominal parties, it is NOT mandatory for the
arbitrator to file pleadings or submission for the
consideration of the court.
B. Referral to ADR (Rules 4.1 to 4.8, Special ADR Rules)
• This rule pertains to the referral of a pending court action
to arbitration rather than any other form of ADR.
• Instances:
1. There is already a pending court action;
2. There is either a pre-action arbitration agreement or
a pre-sent-action arbitration agreement; and
o Pre-action: executed prior to the filing of an
action.
▪ Agreement to submit to arbitration
▪ Submission agreement
o Present-action: executed after the filing of the
action.
▪ Submission agreement
If there is a pre-action arbitration agreement:
• the request for referral • A request made after
to arbitration may be the pre-trial conference
made by any one of the must be with the
parties not later than agreement of both
the pre-trial conference. parties.
If there is a present-action arbitration agreement:
Principle of preference for alternative dispute resolution.
• Parties may request the referral to arbitration at any
- Courts are prohibited from denying the request for referral
time during the proceedings.
of some or all of the parties to arbitration for any of the ff
reasons:
3. One or both parties desire to undergo arbitration.
• Procedural rules for referral to ADR
1. Request/Motion
- The pleading that initiates the referral to
arbitration.
- It contemplates the existence of a pending
court action already initiated.
- It shall contain an authentic copy of the
arbitration agreement and, as in the case of
litigated motions, must be served upon the
respondent and be set for hearing.
2. Comment/Opposition
- Must be filed within 15 days from service of
the request or motion and must show that:
i. there is no agreement to refer the dispute
to arbitration;
ii. the agreement is null and void; or
iii. the subject-matter of the dispute is not
capable of settlement or resolution by
arbitration.
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3. Court Action
- The court may:
i. Grant the motion if its finds prima facie that
there is a valid and enforceable arbitration
agreement and that the subject matter of
the dispute is capable of arbitration; or
ii. Deny it if the court finds otherwise.
*either way, the court should STAY the
judicial proceedings while the motion for
referral is pending resolution.
*Arbitral proceedings, however, may be
commenced or continued, and an award
may be made thereon, while the action is
pending in court.
- The finding of the court that a valid and
enforceable arbitration agreement exists and
that the dispute involved is capable of
arbitration, resulting in the grant of the motion
for referral, is prima facie, and not conclusive
upon the parties.
4. Relief against court action
- Order granting the - order denying the
motion for referral to request for referral,
arbitration shall be although not subject
immediately to appeal, may be
executory and shall subject of a motion
NOT be subject to a for reconsideration
motion for and a petition for
reconsideration, certiorari.
appeal or petition for
certiorari
▪ Not all of the disputes subject of the civil action
may be referred to arbitration;
▪ 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;
▪ Issues raised in the civil action could be speedily
and efficiently resolved in its entirety by the court
rather than in an arbitration;
▪ Referral to arbitration does not appear to be the
most prudent action; or
▪ The stay of 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 the
arbitration agreement but who agree to such
inclusion provided that those originally bound by it
do not object their inclusion.
Chapter 7 – OTHER FORMS OF ADR
Alternative Dispute Resolution - Atty. David Ballesteros
Legal effects of the non-application of the arbitration
clause to a case (Koppel, Inc. v Makati Rotary Club
Foundation, Inc.):
i. Judicial proceedings conducted beyond the point
when the dispute should have been referred to
arbitration are rendered invalid;
ii. The decisions, including those of the appellate court,
must be vacated and set aside;
iii. The case must be remanded to the court a quo to be
suspended at said point; and
iv. The petitioner and respondent must then be referred
to arbitration pursuant to the arbitration clause.
C. Interim Measures of Protection (Rules 5.1 to 5.6, Special
ADR Rules).
• Instances:
1. Either (a) before the commencement of arbitration,
or (b) after the commencement of the arbitration but
prior to the constitution of the arbitral tribunal; or
(c) after the arbitral tribunal’s constitution but it has
no power to act or is unable to act effectively; and
2. Where a party desires to secure interim measures of
protection.
i. Interim; or
ii. Temporary
• Types of Interim Measures:
1. Preliminary Injunction directed against a party to
arbitration;
2. Preliminary attachment against property or
garnishment of funds in the custody of a bank or
third person;
3. Appointment of a receiver;
4. Detention, preservation, delivery or inspection of
property; or
5. Assistance in the enforcement of an interim measure
of protection granted by the arbitral tribunal which
it cannot enforce effectively.
• Procedural rules for the application of interim
measures of protection with the court:
1. Petition
- Initiated by filing petition with RTC of the place
where:
▪ Any of the parties has his principal place
of business or residence; or
▪ Any of the acts sought to be enjoined are
being performed or threatened to be
performed; or
▪ The real property subject of the
arbitration is situated, at the option of
the petitioner.
2. Comment/Opposition
- must be filed within 15 days from service of the
petition.
3. Court Action
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- Court shall resolve the petition within 30 days
from the:
▪ Submission of the opposition;
▪ Upon the lapse of the period to file
the same; or
▪ From termination of the hearing that
may be set if there is need for
clarification or further
argumentation.
- In resolving the petition, court is required to
balance the relative interest of the parties and the
inconveniences that may be caused.
- Gen. rule: if the basis of the petition for an
interim measure is the non-constitution of the
arbitral tribunal, the court, upon being informed
of the subsequent constitution of the arbitral
tribunal, shall DEFER action on the petition.
Exception: UNLESS it is established that the
arbitral tribunal has no power to act on any such
interim measure of protection or is unable to act
thereon effectively.
- The interim measure of protection issued by the
court is WITHOUT prejudice to the subsequent
grant, modification, amendment, revision or
revocation thereof by the arbitral tribunal.
4. Relief against court action
- An order of the court granting or denying an
interim measure may be the subject of a motion
for reconsideration, appeal, or a petition for
certiorari.
- If the protective measure was issued in a
proceeding whereat the adverse party was given
an opportunity to be heard, the order of the court
granting the petition shall be immediately
executory. Otherwise, the order of the court shall
not be immediately executory, EXCEPT if it is a
temporary protective measure.
Temporary Protective Measure (TPM) or Temporary
Order of Protection (TOP)
- It is an injunctive relief the office of which is to (i) preserve
property subject matter of the arbitration, (ii) prevent the
disposition or concealment thereof, or (iii) prevent the
relief prayed for from becoming moot and academic,
during the period that the court is resolving the
application for the interim protective measure.
- it is applied for ex parte.
- it is immediately executory.
- has a lifetime of only 20 days.
- it is similar to a Temporary Restraining Order (TRO) in
that these measures are temporary in character, intended
to ensure the efficacy of the principal relief, and have, as a
general rule.
TOP or TPM TRO
Chapter 7 – OTHER FORMS OF ADR
Alternative Dispute Resolution - Atty. David Ballesteros

- Susceptible of - Non-extendible and

extension for not more becomes functus oficio When the two designated arbitrators have failed to
than 20 days after the lapse of 20 reach an agreement on the third or presiding
days from the service arbitrator, and
thereof.
- Bond is required - Does not generally The institution fails or is unable to perform its duty
require the posting of a as appointing authority within a reasonable time from
bond. Instead, a bond is receipt of the request for appointment.
required for the
issuance of a writ of b) Where the arbitration is ad hoc and the parties failed to
preliminary injunction. provide a method for appointing or replacing an
- May be lifted through - May NOT be lifted arbitrator, or
the posting of a through the posting of a
counter-bond. counter-bond. Instead, The method agreed upon is ineffective, and
a counter-bond may lift
a writ of preliminary The National President of the IBP or his duly
injunction. authorized representative fails or refuses to act within
such period agreed upon by the parties, or in the
TOP or TPM may be issued by the court under the ff. absence thereof, within 30 days from receipt of the
conditions: request to do so.
1. There is an urgent need to (i) preserve property; (ii)
prevent the respondent from disposing of, or c) Where the parties agreed that their dispute shall be
concealing the property; (iii) prevent the relief prayed resolved by 3 arbitrators but no method of appointing
for from being illusory because of prior notice; those has been agreed upon, and the parties, and
2. The petitioner shall post a bond to answer for any subsequently, the appointing authority fails or refuses
damage that the respondent may suffer as a result to appoint the arbitrator within a reasonable time
thereof; from receipt of the request to do so.
3. It shall be valid for only 20 days from the service on
the party required to comply therewith, UNLESS 2) And any party or the appointed arbitrators request the
extended but not for more than 20 days. court to act as appointing authority and appoint the
4. During the 20-day period and any extension thereof, arbitrator or third arbitrator as the case may be.
the court shall determine the propriety of issuing the
principal interim protective measure requested; and
5. It can be lifted by the respondent by posting an Rules of Procedure for the judicial appointment of
appropriate counter-bond as determined by the court. arbitrators:

Principle of Preference for Arbitration A. Petition

- The rules on interim measures of protection recognize the
principle of preference for arbitration over judicial Where to file the petition for the appointment of an
proceedings. arbitrator:
— Regional Trial Court

i. Where the principal place of business of any

D. APPOINTMENT OF ARBITRATORS (Rules 6.1 to 6.9, of the parties is located;
Special ADR Rules) ii. Where any of the parties reside; or
When the court may act as Appointing Authority? iii. National Capital Judicial Region, at the
option of the petitioner.
The rules on the judicial appointment of arbitrators apply if—
Contents of the petition:
1) There is a failure to appoint an arbitrator under the 1) General nature of the dispute;
following circumstances: 2) Description of the procedure for the
appointment of the arbitrators and the
a) Where any of the parties in an institutional arbitration agreement containing such procedure;
failed or refused to appoint an arbitrator, or 3) The number of the arbitrators agreed upon
or the absence of such an agreement;
The parties have failed to reach an agreement on the 4) Special qualifications of the arbitrators if
sole arbitrator, or there is agreement thereon;

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Chapter 7 – OTHER FORMS OF ADR
Alternative Dispute Resolution - Atty. David Ballesteros
5) The fact that the appointing authority,
without justifiable cause, has failed or
refused to act as such within a reasonable
time, from the date a request was made; and
6) The petitioner is not the cause of the delay
or in the failure of the appointment of the
arbitrator.
Contents of a petition:
1) authentic copy of the arbitration agreement;
2) proof of notice to the appointing authority of the
filing of the petition with the court
❖ The petition shall be served upon the respondent before it is filed in
court.
B. Comment/opposition
— must be filed within 15 days from the service of the petition.
C. Court action
— The court may require each party to submit a list of not less
that 3 proposed arbitrators together with the curriculum vitae
from whom the court may appoint the arbitrator.
— Prior to the appointment, if the court is informed that the
appointing authority has already made an appointment, it shall
dismiss the petition.
D. Relief against court action
a) Order of the court appointing an arbitrator—
immediately executory and shall not be the subject of a
motion for reconsideration, appeal or certiorari.
b) Order of the court denying the petition for
appointment of an arbitrator— may be the subject
of a motion for reconsideration, appeal or certiorari.
E. CHALLENGE TO APPOINTMENT OF
ARBITRATOR (Rules 7.1 to 7.9, Special ADR Rules)
Who may challenge the appointment of arbitrator?
— any of the parties in an arbitration
The rules of procedure on the judicial challenge to the
appointment of arbitrators apply if:
1) The challenge to the appointment of an arbitrator is
not successful, and
The appointing authority fails or refuses to act on the
challenge within the period allowed under the rule or,
in the absence thereof, within 30 days from receipt of
the request; and
2) The aggrieved party wants to secure judicial action on
the challenge.
Rules of procedure for the challenge to the appointment of an
arbitrator:
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A. Petition
Where to file petition for the judicial challenge:
— Regional Trial Court
i. Where the principal place of business of any of the
parties is located;
ii. Where any of the parties reside; or
iii. National Capital Judicial Region, at the option of the
petitioner.
Contents of the petition:
1) Name of the arbitrator challenged and his address;
2) Grounds for the challenge;
3) Facts showing that the ground for the challenge has
been expressly or impliedly rejected by the challenged
arbitrator; and
4) Facts showing that the appointing authority failed or
refused to act on the challenge.
❖ A copy of the petition shall be served upon the respondent before it is
filed in court.
B. Comment/opposition
— The challenged arbitrator or other parties may file a
comment of opposition within 15 days from service of the
petition.
C. Court action
Options of the court in resolving the petition:
a) Grant the petition by removing the challenged
arbitrator if it finds merit in the petition;
b) Dismiss the petition if there is no merit;
c) Allow the challenged arbitrator to withdraw as
arbitrator;
d) Accept the challenge and remove the arbitrator if:
i. The party or parties who appointed the
challenged arbitrator agree to the challenge
and withdraw the appointment;
ii. The other arbitrators in the arbitral tribunal
agree to the removal of the challenged
arbitrator; or
iii. The challenged arbitrator fails or refuses to
submit his comment on the petition or the
brief, or he fails to object his removal.
D. No relief against court action
Order of the court resolving the petition— immediately
executory and shall not be subject to a motion for
reconsideration, appeal or certiorari.
F. Termination of Mandate of Arbitrato (Rules 8.1 to 8.8,
Special ADR Rules)
This rules will apply when:
Chapter 7 – OTHER FORMS OF ADR
Alternative Dispute Resolution - Atty. David Ballesteros
1. An arbitrator becomes de jure or de facto
• Unable to perform his functions
• Fails to act without undue delay
2. The arbitrator, upon request of the party
• Fails or refuse to withdraw from his office
3. The appointing authority fails or refuse to decide on the
termination of the mandate of the arbitrator within
• a specific period of time provided
• in the absence thereof, within 30 days from the time the
request was brought before him
4. Any party seeks judicial action in terminating the mandate
of the arbitrator
Note: The relief for the TERMINATION OF THE
MANDATE OF AN ARBITRATOR is different from a
CHALLENGE TO AN ARBITRATOR.
JUDICIAL CHALLENGE TO AN ARBITRATOR
- the arbitrator is sought to be removed on the ground of
partiality or non-compliance with the qualifications
required of him.
JUDICIAL TERMINATION OF THE MANDATE OF
THE AN ARBITRATOR
- there is an arbitrator who is validly appointed has become
incapable of performing his functions or has become
unable to do so.
PROCEDURE FOR JUDICIAL TERMINATION OF
THE MANDATE OF AN ARBITRATOR
1. PETITION
- Petition shall be filed with the RTC
- Principal place of business of any parties
- Place where any of the parties resides
- In the National Capital Judicial region
Contents:
▪ Name of the arbitrator sought to be terminated
▪ Grounds for termination
▪ Fact that parties requested the withdrawal of
arbitrator but failed or refused to accede
▪ Fact that the parties requested the appointing
authority to act on the request but failed to do so
within 30 days from the request or within such
period of time agreed upon.
▪ A copy of the petition shall be served upon the
respondent before it is filed in court.
2. COMMENT / OPPOSITION
- Must be filed within 15 days from service of the
petition
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3. COURT ACTION
- Court may GRANT or DISMISS the petition.
IF GRANTED, a substitute arbitrator shall be
appointed subject to rules of replacement
appointment
4. NO RELIEF AGAINTS COURT ACTION
- The order of the court is final and executory
- Not subject for reconsideration, appeal or petition for
certiorari.
G. ASSISTANCE IN TAKING EVIDENCE
(Rules 9.1 to 9.11, Special ADR Rules)
Any party to an arbitration, whether domestic or foreign,
may request the court to provide assistance in taking
evidence.
Judicial assistance in taking evidence apply when;
1. There is a pending arbitration, whether
domestic or foreign
2. A party desires to present evidence or
the tribunal ordered
3. The evidence is sought other than a
party to the arbitration
NOTE: When, however, arbitration has not yet
commence , any person who desires to perpetuate his
testimony may val of the remedy under RULE 24 of the
1997 Rules of Civil Procedure.
Listed are examples of court assistance in taking evidence
enumerated under Rule 9.5 of the Special ADR Rules.
a. To comply with a subpoena ad testificandum and/o
subpoena duces tecum;
b. To appear as a witness before an officer for the taking of hi
deposition upon oral examination or by written
interrogatories;
c. To allow the physical examination of the condition o
persons, or the inspection of things or premises and, when
appropriate, to allow the recording and/or documentation o
condition of persons, things or premises (i.e., photographs
video and other means of recording/documentation);
d. To allow the examination and copying of documents; and
e. To perform any similar acts.
NOTE: The foregoing enumeration is not exclusive.
The arbitral tribunal is not clothed with authority to cite
persons or parties in contempt, they can only impose
sanctions.
PROCEDURE FOR JUDICIAL ASSISTANCE IN
TAKING EVIDENCE
Chapter 7 – OTHER FORMS OF ADR
Alternative Dispute Resolution - Atty. David Ballesteros

I.
1. PETITION xx
• Filed with the RTC
• Where the arbitration proceedings are taking
place
• Where the witness resides or found
• Where evidence is found
• Option of petitioner

Contents:

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 witnesses place wher 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.
→

2. COMMENT / OPPOSITION
- Must be filed within fifteen (15) days from
service of the petition.

3. 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 shall order petitioner to pay
costs attendant to such assistance.

4. RELIEF AGAINTS 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.

H.
xx

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