Ermac,

Neil Patrick P. March 11, 2017

Alternative Dispute Resolution Saturdays; 7:00PM-9:00PM

1. What are the instances in which a motion for reconsideration may be

filed by an aggrieved party by a ruling of the RTC in an ADR related
proceeding?

A party aggrieved by a ruling of the RTC in an ADR related proceeding, under

Rule 19.1 may file with the same RTC, a motion for reconsideration from the
following orders or rulings, within fifteen (15) days from the receipt thereof:

a. That the arbitration agreement is inexistent, invalid or unenforceable

pursuant to Rule 3.10 (B);
b. Upholding or reversing the arbitral tribunal’s jurisdiction pursuant to Rule
3.19;
c. Denying a request to refer the parties to arbitration;
d. Granting or denying a party an interim measure of protection;
e. Denying a petition for the appointment of an arbitrator;
f. Refusing to grant assistance in taking evidence;
g. Enjoining or refusing to enjoin a person from divulging confidential
information;
h. Confirming, vacating or correcting a domestic arbitral award;
i. Suspending the proceedings to set aside an international commercial
arbitral award and referring the case back to the arbitral tribunal;
j. Setting aside an international commercial arbitral award;
k. Dismissing the petition to set aside an international commercial arbitral
award, even if the court does not recognize and/or enforce the same;
l. Recognizing and/or enforcing, or dismissing a petition to recognize and/or
enforce an international commercial arbitral award;
m. Declining a request for assistance in taking evidence;
n. Adjourning or deferring a ruling on a petition to set aside, recognize and/or
enforce an international commercial arbitral award;
o. Recognizing and/or enforcing a foreign arbitral award, or refusing
recognition and/or enforcement of the same; and
p. Granting or dismissing a petition to enforce a deposited mediated
settlement agreement.

2. What is the period for filing a motion for reconsideration?

Ordinarily, a party aggrieved by a ruling of the Regional Trial Court in an ADR

related proceeding, may file with the same Regional Trial Court, a motion for
reconsideration from the orders or rulings, within fifteen (15) days from receipt
thereof.
The motion shall be in writing, filed with the court and served upon the other party
or parties who shall have a non extensible period of fifteen (15) days from receipt
thereof within which to file an opposition or comment.

3. Why is ordinary appeal to the Court of Appeals under Rule 41 not a

remedy for an aggrieved party over a decision of an RTC in an ADR
related proceedings?

Ordinary appeal taken to the Court Of Appeals from a decision of the Regional
Trial Court rendered in the exercise of its original exclusive jurisdiction, is not
available under the Special ADR Rules. The Regional Trial Court, in passing
judgment over actions involving ADR is not exercising its original jurisdiction.
Rather, it is acting as a review court for decisions, orders and awards of the arbitral
tribunals. Hence, ordinary appeal to the Court of Appeals is not an available
remedy.

Further more, under the special rules of court on alternative dispute resolution
provides that the remedy of an appeal through petition for review or the remedy
of a special civil action of certiorari from a decision of the regional trial court
made under the Special ADR rules shall be allowed in the instances, and instituted
only in the manner, provided under the rule. Such instances was provided under
19.12, hence ordinary appeal to the Court of Appeals under rule 41 does not
apply.

4. What are the instances when petition for review may be availed of by an
aggrieved party over the decision of the RTC in an ADR related proceeding?

Appeal to the Court of Appeals. - An appeal to the Court of Appeals through a

petition for review under this Special Rule shall only be allowed from the following
final orders of the Regional Trial Court:

a. Granting or denying an interim measure of protection;

b. Denying a petition for appointment of an arbitrator;
c. Denying a petition for assistance in taking evidence;
d. Enjoining or refusing to enjoin a person from divulging confidential
information;
e. Confirming, vacating or correcting/modifying a domestic arbitral award;
f. Setting aside an international commercial arbitration award;
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;
 h. Recognizing and/or enforcing an international commercial arbitration
award;
i. Dismissing a petition to enforce an international commercial arbitration
award;
j. Recognizing and/or enforcing a foreign arbitral award;
k. Refusing recognition and/or enforcement of a foreign arbitral award;
l. Granting or dismissing a petition to enforce a deposited mediated
settlement agreement; and
m. Reversing the ruling of the arbitral tribunal upholding its jurisdiction.

5. What are the legal effects of the filing of such petition for review? How does
this differ with Rule 42 of the 1997 Rules of Civil Procedure?

The Court of Appeals may direct the transmittal of records, set the case for oral
arguments, require the submission of memoranda, and render judgment. The
filing of the appeal shall not stay the award, judgment, final order or resolution
sought to be reviewed unless the Court of Appeals directs otherwise.

It is different from a petition for review under Rule 42 of the 1997 Rules of Civil
Procedure which stays the judgment or final order appealed from except in
certain instances such as in cases governed by the Rules on Summary Procedure,
or when the prevailing party avails of the remedy of execution pending appeal,
or when the Rules of Court or the law provides otherwise. Precisely, the Special
ADR Rules provides one instance when the law and the Rules specifically
proscribe the stay of the judgment, award, final order or resolution subject of the
appeal.

Another distinction of the appeal under Special ADR Rule with that under Rule 42
of the 1997 Rules of Civil Procedure is that the party appealing the decision or final
order of the Regional Trial Court under the Special ADR Rule shall be required to
post a bond in favor of the prevailing party equal to the amount of the award.
Otherwise, the petition shall be dismissed. This is not true for Rule 42 of the 1997
Civil Procedure petition.

6. when can a special civil action for certiorari under the Special Rules of ADR be
availed of?

When the Regional Trial Court, in making a ruling under the Special ADR Rules, has
acted without or in excess of its jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is no appeal or any plain,
speedy, and adequate remedy in the ordinary course of law, a party may file a
special civil action for certiorari to annul or set aside a ruling of the Regional Trial
Court.

A special civil action for certiorari may be filed against the following orders of the
court:

a. Holding that the arbitration agreement is inexistent, invalid or

unenforceable;
b. Reversing the arbitral tribunal’s preliminary determination upholding its
jurisdiction;
c. Denying the request to refer the dispute to arbitration;
d. Granting or refusing an interim relief;
e. Denying a petition for the appointment of an arbitrator;
f. Confirming, vacating or correcting a domestic arbitral award;
g. Suspending the proceedings to set aside an international commercial
arbitral award and referring the case back to the arbitral tribunal;
h. Allowing a party to enforce an international commercial arbitral award
pending appeal;
i. Adjourning or deferring a ruling on whether to set aside, recognize and or
enforce an international commercial arbitral award;
j. Allowing a party to enforce a foreign arbitral award pending appeal; and
k. Denying a petition for assistance in taking evidence.

7. A special civil action for certiorari under the special ADR Rules is akin to Rule
65 of the 1997 Rules of Civil Procedure? How are they different from each other?

A special civil action for certiorari under the special ADR Rules is akin to Rule 65 of
the 1997 Civil Procedure as they are both based on the same ground. i.e. the
Regional Trial Court has acted without or in excess of its jurisdiction, or with grave
abuse of discretion amounting to lack or excess of jurisdiction and there is no
appeal or any plain, speedy and adequate remedy under the ordinary course of
law.

However, unlike a petition for certiorari under Rule 65 which can cover any and
all kinds of grave abuse of discretion committed by a tribunal, board or officer
exercising judicial or quasi- judicial functions, the special civil action for certiorari
under the Special ADR Rules is limited to grave abuse of discretion in the following
orders of the Regional Trial Court in ADR related proceedings:

a. Holding that the arbitration agreement is inexistent, invalid or

unenforceable;
b. Reversing the arbitral tribunal’s preliminary determination upholding its
jurisdiction;
 c. Denying the request to refer the dispute to arbitration;
d. Granting or refusing an interim relief;
e. Denying a petition for the appointment of an arbitrator;
f. Confirming, vacating or correcting a domestic arbitral award;
g. Suspending the proceedings to set aside an international commercial
arbitral award and referring the case back to the arbitral tribunal;
h. Allowing a party to enforce an international commercial arbitral award
pending appeal;
i. Adjourning or deferring a ruling on whether to set aside, recognize and or
enforce an international commercial arbitral award;
j. Allowing a party to enforce a foreign arbitral award pending appeal; and
k. Denying a petition for assistance in taking evidence.

Unlike a petition for certiorari under Rule 65 which can be filed within 60 days from
the notice of judgment, order or resolution sought to be assailed, the special civil
action for certiorari under the Special ADR Rules must be filed within 15 days from
notice of the judgment, order or resolution sought to be annulled or set aside,
without the benefit of any extension of time to file the same. As in the case of a
petition under Rule 65, filing of a special civil action for certiorari under Special
ADR Rules does not stay the proceedings of the lower court or arbitral tribunal.

Moreover, unlike Rule 65 which allows the institution of the petitions of certiorari
from orders or judgments of any inferior court, Rules 19.26 to 19.35 of Special ADR
Rules speak only of such petitions to the Court of Appeals from order, decisions or
judgments of the Regional Trial Courts in ADR related cases.

8. When is appeal by certiorari to the Supreme Court under the special ADR rules
availed of?

The appeal by certiorari under the special ADR rules is grounded on pure
questions of law. It may be warranted in circumstances such as:

(a) When the court a quo has decided a question of substance not therefore
determined by the Supreme Court, or has decided it in a way probably not
in accord with law or with the applicable decisions of the Supreme Court;
or
(b) When the court a quo has so far departed from the accepted and usual
course of judicial proceedings,mor so far sanctioned such departure by a
lower court, as to call for an exercise of the power of supervision.

Similarly the special ADR rules also deemed it best to illustrate instead to
enumerate the instances when a petition for review on certiorari of the decision
of CA to the Supreme Court may be granted namely, when the Court of Appeals:
 (a) Failed to apply the applicable standard or test for judicial 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 decision;
(c) Failed to apply any provision, principle, policy or rule contained in these
special ADR rules resulting 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 jurisdiction.

9. An appeal by certiorari to the Supreme Court is akin to Rule 45 of the 1997

Rules of Civil Procedure. Make a comparison.

Under the Special ADR Rules the petitions for review on certiorari from the
resolutions and decisions of the Court of Appeals to the Supreme Court, it is silent
on the availability of a petition for review on pure questions of law direct from the
RTC to the Supreme Court which is allowed under Rules 45 of the 1997 Rules of
Civil Procedure.