FINAL CHAPTER 13.

- SPECIFIC COURT RELIEF particularly MOTION to

REFER the CASE to ARBITRATION (particularly arbitration; Rule 4 Special
ADR Rules)

 PRELIMINARY
Under Rule 4 Special ADR Rules regarding Motion to Refer the action to arbitration
(domestic/foreign/ICA/CIAC – because the action is filed with court despite pre-existence of
arbitration agreement), the place of arbitration where the court (MTC/RTC, as the case maybe)
will refer the action could be in the Philippines or abroad - and the reason for this is because Rule
4 Special ADR Rules does not distinguish. This Rule 4 Special ADR Rules must be distinguished
with Rule 3 Special ADR Rules where therein specifically provided that the Petition to declare the
arbitration agreement as inexistent/invalid/unenforceable, the place of arbitration must be in
the Philippines (see Rule 3.1 Special ADR Rules)

 (*) WHO MAKES THE REQUEST (through Motion) and WHEN to REQUEST - AND: The
ARBITRATION to COMMENCE notwithstanding (Rule 4.1 and 4.2 in relation to Rule 4.8
Special ADR Rules)
When an action if filed in court (MTC/RTC, as the case maybe) despite the pre-existence of
arbitration agreement (domestic/foreign/ICA/CIAC arbitration), then any party to such action can
file a Motion to Refer the Action to Arbitration with the court to refer the action to arbitration -
PROVIDED: Such Motion is made before/during (not after) the pre-trial conference stage.
HOWEVER: After the pre-trial conference stage, a Motion to Refer the Action to Arbitration can
still be made - provided agreed by all parties
NOW: If at the time the action is filed in court (MTC/RTC), the parties have no pre-existing
arbitration agreement, but pending the action in court at any stage of the action, all parties
agree to submit to arbitration (which we call it "submission agreement") - THEN: The court shall
refer the case to arbitration
HOWEVER: Despite the pendency of the Motion filed with the court, the arbitration can be
commenced by the adverse party, and can continue until its rendition of arbitral award (Rule
4.8 Special ADR Rules)

 CONTENTS of the MOTION and the COMMENT/OPPOSITION thereto (Rule 4.3 and 4.4
Special ADR Rules)
The Motion shall state the following:
(1) That the dispute is covered by the arbitration agreement - attaching therewith the authentic
copy of the arbitration agreement (along with other documents [if any])
(2) The Motion shall contain a "Notice of Hearing" addressed to all parties to the action, stating
therein the date and time that the Motion will be heard by the court
The Motion shall be served by the movant to the adverse-party to give him the opportunity to
file his "Comment/Opposition" to the Motion. The adverse party shall file his
"Comment/Opposition" within 15 days reckoned from his receipt of the Motion, which shall state
therein the following:
(1) That there is no arbitration agreement (i.e., inexistent); or
(2) That the arbitration agreement exists but it is void; or
(3) That the subject-matter of the dispute is prohibited under Section 6 ADRA
Note: Section 6 ADRA: Excepted from ADR Law: [a] labor disputes,[b] civil status of persons,
[c]validity of a marriage (void or voidable), [d]legal separation, [e]jurisdiction of courts,
[f]future legitime, [g]criminal liability, and [h]those disputes cannot be compromised under
the Philippines law(Note: Include "future support" pursuant to Article 2035 NCC)
Note: How about other grounds such as, that the arbitration agreement is invalid, voidable,
inoperative?

 The COURT in RESOLVING the MOTION (Rule 4.5 Special ADR Rules)
If the court after hearing the Motion, and taking cognizance of the policy under Rule 2.4 Special
ADR Rules (i.e., Principle of Competence-Competence – viz., preference for arbitration), finds
prima facie that there exists an arbitration agreement (and it is valid) and it is not prohibited
under Section 6 ADRA - THEN: The court shall suspend the action (not dismiss) and refer the
action to arbitration pursuant to the arbitration agreement - OTHERWISE: The court shall deny
the Motion and proceed hearing the action

 RELIEF/REMEDY against the COURT'S RULING on the MOTION (Rule 4.6 Special ADR Rules)
If the court grants the Motion: It shall be immediately executory, and not subject to MR, appeal
or certiorari
If the court denies the Motion: Cannot be subjected to appeal - BUT: Subject to MR, and if MR is
denied, subject to certiorari

 (*) MULTIPLE PARTIES in the ACTION pending before the COURT (Section 25 ADRA; Rule 4.7
Special ADR Rules)
The court shall not deny the Motion and refer the parties to arbitration - notwithstanding any of
the following reasons:
(1) Not all the disputes/issues in the action - can be referred to arbitration (e.g., Section 6 ADRA)
(2) Not all the parties in the action - are bound to the arbitration agreement (e.g., not signatory
to the arbitration agreement) - and by referring the action to arbitration (insofar those bound
to the arbitration agreement) would result to multiplicity of suits (i.e., one suit with the court
and another suit with the arbitration)
(3) Referring the action to arbitration (insofar those bound to the arbitration agreement) - is not
the most prudent thing to do
(4) To suspend the action would prejudice the rights of the parties to the action who are not
bound to the arbitration agreement (e.g., not party to the arbitration agreement)
(5) The disputes/issues in the action will be speedily and effectively resolved by the court rather
than by arbitration
HOWEVER: The court may issue an Order directing the parties who are not bound to the
arbitration agreement to be included in the arbitration when they so agree to be included -
PROVIDED: Those parties who are signatories/bound to the arbitration agreement do not object
to such inclusion of those parties not bound
CHAPTER 14. - SPECIFIC COURT RELIEF particularly PETITION for
INTERIM MEASURE OF PROTECTION (otherwise known as "Provisional
Relief"; Rule 5 Special ADR Rules)

 (*) WHO can FILE PETITION FOR INTERIM MEASURE OF PROTECTION - and WHEN to FILE
(Rule 5.1 in relation to 5.2 Special ADR Rules)
Any party to the arbitration agreement can file the Petition with RTC - which Petition can be filed:
(1) Before the arbitration is commenced; or
(2) After the arbitration is commenced - but before the constitution of the arbitral tribunal; or
(3) After the constitution of the arbitral tribunal - but only on situation where the arbitral
tribunal has no power to act or (it has power to act but) unable to act effectively on the
requested interim measure of protection
 After the Petition is filed with RTC, and pending such Petition, the RTC is informed that
the arbitration tribunal has already been constituted (Rule 5.15 Special ADR Rules)
The RTC shall suspend hearing the Petition - UNLESS: It is proven (by the respondent):
(a) That the arbitral tribunal has no power to act on/issue such interim measure of
protection being prayed for with the RTC; or
Example: The arbitral tribunal has no power compel the opening of the bank account
of a certain person. Under the bank secrecy law, those authorities having power
thereon are the Senate during impeachment and a competent court
(b) The arbitral tribunal already granted the interim measure of protection being prayed
for by the petitioner before the RTC, however, the arbitral tribunal cannot effectively
enforce the same (considering that arbitral tribunal has no contempt power)
- IN WHICH CASE: In the Petition (to Assist the Arbitral Tribunal), the RTC shall assist
the arbitral tribunal in enforcing the interim measure of protection that the arbitral
tribunal previously issued (Rule 5.16 Special ADR Rules)
Note: Read also Rule 5.11 Special ADR Rules (infra) where therein provided that the
RTC shall not deny the Petition for Assistance in enforcing interim measure of
protection previously issued by the arbitral tribunal based on the grounds enumerated
thereunder

 RTC VENUE of the PETITION (Rule 5.3 Special ADR Rules)

The Petition can be filed with the RTC on the following places:
(1) Where the principal place of business of any of the arbitration parties; or
(2) Where any of the arbitration parties resides; or
(3) Where any of the act sought to be prohibited is being performed (prohibitory injunction), or
act to be prohibited is threatened to be performed (prohibitory injunction), the act to be
compelled is to be performed(mandatory injunction); or
(4) Where the real property subject of arbitration, or portion thereof, is located

 (*) GROUNDS for the PETITION (Rule 5.4 Special ADR Rules)
The following grounds (but not limited to):
(1) The need to prevent irreparable injury (Note: Irreparable injury refers to a damage that
constantly occurs and there is no standard mathematical computation to quantify/measure
such damage; e.g., infringement of intellectual property – trademark, copyright, patent)
Illustration: When the trademark of a certain product is unlawfully imitated, the owner of the
trademark would not possibly know how many fake products already sold by the infringer so
as to possibly compute the damage he incurred – and hence, this is one situation of irreparable
injury
(2) The need to secure performance of obligation
(3) The need to produce/preserve evidence
(4) The need to compel an act (i.e., mandatory injunction), or to prohibit an act (i.e., prohibitory
injunction)

 FORM and CONTENTS of the PETITION (Rule 5.5 Special ADR Rules)
The Petition must be "verified" (executed by person who has personal knowledge of the facts
alleged in such Petition [e.g., petitioner]), and shall state the following:
(1) That there is an arbitration agreement; and
(2) That arbitral tribunal has not been constituted - BUT: If already constituted, nevertheless the
arbitral tribunal is unable to act on or unable to effectively act on the requested interim
measure of protection; and
(3) Detailed description of the interim measure of protection sought of; and
(4) The ground/s relied by Petitioner in order for the grant of the Petition
- AND: Attached with the Petition is the authentic copy of the arbitration agreement (along with
other documents [if any])
Note: The petitioner must serve copy of the Petition to the respondent considering that the
Petition is summary in nature pursuant to Rule 1.3 [A] Special ADR Rules. The Petition asides from
"Verification", must also state "Certificate Against Forum Shopping" pursuant to Rule 1.5 Special
ADR Rules the Petition being an "initiatory pleading"

 (*) TYPES of INTERIM MEASURE OF PROTECTION (Rule 5.6 Special ADR Rules)
The following (among others), are the interim measures of protection:
(1) Preliminary injunction against the adverse party to the arbitration (whether prohibitory or
mandatory injunction)
Note: Related to Rule 5.5 (d)
(2) Preliminary attachment against a property
Note: Related to Rule 5.5 (b)
(3) Detention, preservation, delivery or inspection - of property
Note: Related to Rule 5.5 (c)
(4) Garnishment (taking) of funds in the custody of bank/3rd person
Note: Related to Rule 5.5 (d; mandatory injunction)
(5) Appointment of receiver
Note: Related to Rule 5.5 (b)
(6) Assistance in the enforcement of interim measure of protection already granted by the
arbitral tribunal - but the arbitral tribunal cannot effectively enforce the same (i.e., the
arbitral tribunal having no contempt power)
Note: Related to Rule 5.5 (d; mandatory injunction)

 (*) WHEN the RESPONDENT need not be NOTIFIED of the HEARING of the PETITION (Rule
5.7 Special ADR Rules)
Before the RTC will grant the Petition, the RTC must notify the respondent for a hearing on the
Petition (due process). However, there are instances where the RTC does not notify the
respondent of the hearing when the petitioner in his Petition preliminary asks for a "Temporary
Order of Protection" (TOP; or "Temporary Measure of Protection" [TMP]), and the RTC will
conduct the hearing thereon ex parte and grant TOP (i.e., ex parte being the respondent does not
participate in the TOP proceedings) provided it is meritorious - AND: The petitioner alleges in the
Petition that there is urgent need:
(1) To preserve the property subject-matter of the arbitration; or
(2) To prevent the respondent from disposing (e.g., sale) or concealing the property subject-
matter of the arbitration; or
(3) To prevent the interim measure of protection prayed for from becoming illusory - which can
be avoided when the respondent will not be notified of the hearing of the Petition (i.e., taking
the respondent by surprise and unprepared to say destroy the property subject-matter of the
petition)
Note: After the ex parte TOP is granted, the hearing on the Petition proper follows
 COMMENTS/OPPOSITION by the RESPONDENT against the PETITION (Rule 5.8 Special ADR
Rules)
The respondent must file his Comment/Opposition within 15 days reckoned from his receipt of
the Petition - which shall state the reason/s why the Petition should be denied

 The RTC in RESOLVING the PETITION (Rule 5.9 Special ADR Rules)
The RTC in resolving whether to grant or deny the Petition after hearing thereon, it shall balance
the relative interests of the parties and inconveniences that maybe caused - AND: On that basis,
it shall resolve the Petition within 30 days:
(1) Reckoned from the filing of the Comment/Opposition by the respondent; or
(2) Reckoned from the lapse of the 15-day period given the respondent to file his
Comment/Opposition; or
(3) Reckoned from the termination of the hearing that the RTC may have set for purposes of
clarificatory hearing and/or further arguments
IF: The respondent failed to file his Comment/Opposition on/before the hearing on the Petition,
the RTC shall motu proprio render its resolution on the Petition on the basis of the Petition, and
will grant the Petition provided it is substantiated by supporting documents - which grant is
limited only to the interim measure of protection prayed for in the Petition
 INSOFAR as the GRANTED EX PARTE TOP is concerned: When the RTC granted the ex parte
TOP, such ex parte TOP shall be immediately executory, and require the petitioner to post a
bond within 5 days reckoned from his receipt of the ex parte TOP which bond shall answer
for any damages that the respondent may suffer as a result of the granted ex parte TOP. The
granted ex parte TOP (which is immediately executory) is valid for 20 days only reckoned from
service (not receipt)on the respondent/person required to comply with the ex parte TOP -
AND: Within that 20-day period, the RTC shall:
(1) Serve a copy of the Petition to the respondent and a "Notice" requiring him to file his
Comment/Opposition on/before the hearing on the Petition proper (which hearing date
is stated in the "Notice"); and
(2) RTC shall also served such "Notice" to the petitioner, stating therein the date and time
that a hearing on the Petition proper will be held - which date shall be within the 20-day
period of the granted ex parte TOP
 Remedy of the respondent to lift/stop the granted Ex Parte TOP
When the respondent posted a counter-bond as determined by the RTC
 Suppose the respondent filed "Motion of Extension of Time" to file his
Comment/Opposition, or "Motion to Reset/Postpone" the hearing on the Petition
proper
 When such Motion is granted, the RTC shall also extend the original 20-day effectivity
period of the granted Ex Parte TOP from no more than 20 days reckoned from the
expiration of the said original 20-day period
Note: Read Rule 1.6 [e] Special ADR Rules, where the respondent can file with RTC a
Motion for Extension of Time to file "Comment/Opposition" when the RTC granted an Ex
Parte TOP
AFTER NOTICE and HEARING on the PETITION proper: The Decision of the RTC whether granting
or denying the Petition, such Decision (whether Petition is granted/denied) must state that it is
without prejudice to subsequent grant, modification, amendment, revision, or even
revocation/reversal of such RTC Decision (Note: Read Rule 5.13 Special ADR Rules [infra])

 RELIEF/REMEDY against RTC DECISION either GRANTING/DENYING the PETITION (Rule 5.10
Special ADR Rules)
When the Petition is granted and the respondent was given the opportunity to be heard on the
Petition: The granted interim measure of protection shall be immediately executory - BUT: The
respondent can file MR, appeal (if MR is denied), or certiorari under Rule 19.26 Special ADR Rules
(if MR is denied)(Note: "Opportunity to be heard" is complied when the (1) Petition was served
on him but failed to file his "Comment/Opposition" within 15 days from his receipt of the Petition
or failed to file on/before the hearing on the Petition; or (2) When the RTC served him the "Notice"
stating therein the date and time for the hearing on the Petition but did not appear)
When the Petition is granted but the respondent was not given the opportunity to be heard on
the Petition: The granted interim measure of protection is not immediately executory - AND: The
respondent can file MR, appeal (if MR is denied), or certiorari under Rule 19.26 Special ADR Rules
(if MR is denied)
When the Petition is denied: The petitioner can file MR, appeal (f MR is denied), or certiorari
under Rule 19.26 Special ADR Rules (if MR is denied)

 (*) RTC CANNOT DENY the PETITION in GIVING ASSISTANCE TO THE ARBITRAL TRIBUNAL in
ENFORCING the interim measure of protection PREVIOUSLY GRANTED by the latter (Rule
5.11 Special ADR Rules; i.e., the arbitral tribunal cannot effectively enforce the interim
measure of protection is previously granted)
The RTC shall not deny the Petition on any or all of the following grounds:
(a) That the arbitral tribunal granted the interim measure of protection ex parte (i.e., the arbitral
tribunal granted the IMP without the participation of the respondent);
(b) The respondent found new and material evidence (i.e., important evidence) which arbitral
tribunal did not consider because it was not available when the arbitral tribunal was hearing
 the interim measure of protection - and that if arbitral tribunal then considered such
evidence, the latter could have denied the interim measure of protection;
HOWEVER: If the RTC finds that the new and material evidence is meritorious, the RTC shall
refer the Petition back to the arbitral tribunal for their re-determination (i.e., RTC will not
dismiss the Petition but merely refer back; read Rule 5.14 Special ADR Rules)
(c) The interim measure of protection granted by the arbitral tribunal in effect amends, revokes,
modifies or inconsistent with the interim measure of protection previously granted by the
RTC (Read Rule 5.13 Special ADR Rules)

 (*) RTC GRANTING the PETITION can be SUBSEQUENTLY MODIFIED, AMENDED, REVISED, or
EVEN REVOKED by the ARBITRAL TRIBUNAL (Rule 5.13 Special ADR Rules)
After the RTC rendered its Decision granting the Petition, the arbitral tribunal can subsequently
modify, amend, revised, even revoke the interim measure of protection previously granted by
the RTC - as maybe warranted
When the arbitral tribunal subsequently issued its own interim measure of protection - such will
ipso jure (i.e., by operation of law) modify, amend, revised or revoked the interim measure of
protection previously issued by the RTC - even to the extent that both interim measures of
protect are inconsistent to each other
(1) When the aggrieved arbitration party filed Petition/Action in RTC questioning the interim
measure of protection granted by the arbitral tribunal that is in conflict or inconsistent with
the interim measure of protection previously granted by the RTC (Rule 5.14 Special ADR
Rules)
The RTC shall immediately refer the case (not dismiss) back to the arbitral tribunal - giving
the latter the power to decide on the matter pursuant to Rule 5.13 Special ADR Rules

CHAPTER 18. - SPECIFIC COURT RELIEF particularly PETITION for

ASSISTANCE in TAKING EVIDENCE (Rule 9 Special ADR Rules)
(*) Reason for court intervention on arbitral tribunal particularly in taking evidence: We know
that in arbitration, being a merit-based kind of ADR, it requires presentation and proving pieces
of evidence during the arbitration proceeding. However, considering that the arbitral tribunal has
no coercive power (i.e., no contempt power being not a court), such that it cannot compel the
person subpoenaed by it to appear and testify, cannot compel a person in charge of the property
to be inspected to allow ocular inspection, and other evidence gathering where the arbitral
tribunal finds hardships in taking it - THEN: The remedy is the court (RTC) to intervene in taking
evidence in behalf of the arbitral tribunal in view of court's possession of coercive power such
that a defiance of its order could be meted out with sanction such as contempt of court

 (*) WHO can FILE the PETITION and WHEN TO FILE the same (Rule 9.1 and 9.2Special ADR
Rules)
Any of the arbitration parties (whether the arbitration is domestic or foreign [i.e.,
domestic/foreign/ICA/CIAC arbitration]) can file the Petition with RTC - AT: Any stage of the
arbitration proceedings (i.e., "anytime" that whenever there is defiance of the order of arbitral
tribunal purposes of taking evidence)

 (*) WHAT COURT to FILE and VENUE (Rule 9.3 Special ADR Rules)
The petitioner is filed with RTC, and its venue is at the option of the petitioner:
(1) Where the arbitration is taking place (i.e., venue of the arbitration in the Philippines); or
(2) Where the witness resides, or maybe found (Note: But witness must be in the Philippines
[see Rule 9.5 Special ADR Rules]); or
(3) Where the evidence (sought of) is found (e.g., where property to be subjected to ocular
inspection located in the Philippines [Rule 9.5 Special ADR Rules]; where the documents sought
of is found; etc.)

 (*) GROUND for the PETITION (Rule 9.4 Special ADR Rules)
The RTC may grant the Petition - PROVIDED: Within its competence in accordance with the Rules
on Evidence
Note: "Within RTC competence and in accordance with the Rules on Evidence" such that the
evidence sought must not be privileged/confidential under the ADRA and the Rules on Evidence,
and that such evidence sought must be found in the Philippines [see Rule 9.5 Special ADR Rules]

 (*) TYPES of ASISSTANCE that the RTC may GRANT (Rule 9.5 Special ADR Rules)
For the RTC to direct any person (including representative of
corporation/association/partnership/ other entity – other than the party to the arbitration or its
officers) - found in the Philippines, for the following:
(1) To comply with the subpoena (ad testficandum/duces tecum) issued by the arbitral tribunal;
or
(2) To appear as witness before the officer for the taking of his deposition (whether oral
examination or written interrogatories (i.e., deposition pending arbitration pursuant to Rule
24 ROC); or
(3) To allow the physical examination of the condition of persons, or to allow inspection of
things/properties/premises, - AND: To allow the recording and/or documentation of such
examination (e.g., photograph, video and other means of recording/documentation)
(4) To allow the examination and copying of documents; or
(5) To perform any similar acts (analogous instances)

 CONTENTS of the PETITION (Rule 9.6 Special ADR Rules)

The Petition shall state the following:
(1) That there is a pending arbitration proceedings - EVEN IF: The arbitral tribunal could not
continue due to some legal impediments
Notes (e.g., of legal impediments):
(a) Article 4.46 (e) DOJ IRR: Refers to advance payment by arbitration parties to the arbitral
tribunal regarding arbitration costs – otherwise, the arbitral tribunal can suspend the
arbitration proceedings
(b) Article 5.15 (c) DOJ IRR: When pending the arbitration, a Petition is filed with RTC (under
Rule 3.13 Special ADR Rules [i.e., after the arbitration is commenced]) on issue that the
arbitration agreement is inexistent, invalid or unenforceable, or that the arbitration is
improper, or the arbitral tribunal has no jurisdiction - THEN: The arbitral tribunal at its
option, may suspend the arbitration proceedings while awaiting for the RTC decision on
the Petition
(2) That arbitral tribunal issued an Order for the taking of evidence, or the party intends to
present an evidence to the arbitral tribunal
(3) The relevance of the evidence sought to assisted by RTC
(4) The name and address of the witness/es, the place where the evidence is found, the place
where the premises to be inspected is found, or the place where the act/s required is to be
executed
Note: The petitioner must serve copy of the Petition to the respondent considering that the
Petition is summary in nature pursuant to Rule 1.3 [A] Special ADR Rules. The Petition asides from
"Verification", must also state "Certificate Against Forum Shopping" pursuant to Rule 1.5 Special
ADR Rules the Petition being an "initiatory pleading"

 COMMENT/OPPOSITION to the PETITION (Rule 9.7 Special ADR Rules)

The respondent must file his "Comment/Opposition" within 15 days - reckoned from his receipt
of the Petition

 (*) The RTC in RESOLVING the PETITION (Rule 9.8 Special ADR Rules)
The RTC shall grant the Petition - provided:
(1) The evidence sought is not privileged; and
Note: The following are privileged: (a) Privileged information under ADRA (e.g., information
obtained through arbitration); (b) under the Rules on Evidence, the following are privileged,
(1) "marital privilege communication" where during/after marriage, one spouse cannot testify
for/against the other spouse regarding communication during marriage given in confidence
by the former to the latter; (2) "attorney-client privileged communication" regarding any
communication between them unless with consent of the client, (3) "physician-patient
privileged communication" regarding any information about the ailment and also treatment
made, (4) "priest-penitent privileged communication" regarding those confessed by the
penitent; (5) "marital disqualification rule" where during marriage the other spouse cannot
testify for or against the other spouse unless with consent
(2) The evidence sought must be both relevant and material
NOW: The petitioner shall pay the costs relevant to the assistance made by the RTC
Note: Rule 9.4 Special ADR Rules provides that the proceedings for Petition for Taking of Evidence
must be in accordance with the Rules on Evidence

 (*) RELIEF/REMEDY against the RTC GRANTING/DENYING the PETITION (Rule 9.9 Special
ADR Rules)
If the RTC granted the Petition: It shall be immediately executory - not subject to MR or appeal
(but subject to Special Civil Action for Certiorari under Rule 19.26 Special ADR Rules when the RTC
acted without jurisdiction or RTC has jurisdiction but acted in excess of its jurisdiction, of RTC acted
with grave abuse of discretion amounting to lack/excess of jurisdiction)
If the RTC denied the Petition: The Petitioner can file MR or appeal (if MR is denied) Note: No
remedy for Special Civil Action for Certiorari because appeal is available

 (*) PERPETUATION of TESTIMOINY of WITNESS - BEFORE the ARBITRAL TRIBUNAL is

COMMENCED or CONSTITUTED (i.e., via Deposition; Rule 9.10 Special ADR Rules)
Anytime before the arbitration is commenced, or before the arbitral tribunal is constituted - any
person who wants to perpetuate his testimony (or wants to perpetuate the testimony of
another person) can do so in accordance with Rule 24 ROC (i.e., Deposition Before Action)
Notes:
(1) (*) The purpose/reason of perpetuating testimony through "deposition before
action/arbitration"
The perpetuation of testimony is very important especially when before or during the
arbitration, the person whose testimony is needed during the arbitration is already too old
(nearing his death), or the person is to be out of the Philippines and his return is indefinite, or
the person resides more than 100 kilometers away from the arbitration venue. Now, the
remedy is order to assure the availability of his testimony is "deposition before action" under
Rule 24 of ROC, so that even if such person is no longer physically available during the
arbitration proceedings and his testimony cannot be taken (e.g., because he is already dead,
or he is outside Philippines), then his deposition serves as his testimony
(2) Form, where to file and the venue of the "Petition for Deposition" (Rule 24 Section in relation
to Rule 134 ROC)
The "Petition to Take Deposition" must be verified (i.e., "Verification" executed by Petitioner
who has personal knowledge of the facts alleged in such Petition) with RTC in a venue where
the adverse expected party-to-be in the arbitration resides

 ADVERSE CONSEQUENCE upon PERSON who DISOBEYS the GRANTED PETITION (Rule 9.11
Special ADR Rules)
Any person who disobeys the Order of the RTC to testify or to perform an act required in such
Order - can be punished with appropriate sanction (e.g., Contempt of Court)
CHAPTER 19. - Topic SPECIFIC COURT RELIEF particularly
PETITION/MOTION to PREVENT DISCLOSURE of CONFIDENTIAL
INFORMATION/PROTECTIVE ORDER (Rule 10 Special ADR Rules)

 (*) WHO can FILE for the REQUEST FOR PROTECTIVE ORDER - AND: WHEN TO FILE the same
(Rule 10.1 and 10.2 Special ADR Rules)
WHO CAN FILE: Any party to the ADR, or representative/counsel of any party, or any witness to
the ADR - WHO: Disclosed information or was compelled to disclose information (e.g., "to be
disclosed" under Rule 9 Special ADR Rules [i.e., RTC Assistance in Taking Evidence]), which
information obtained through/relative to ADR proceedings - WHEREIN: The source of the
information has reasonable expectation that such information shall be kept confidential - THEN:
On behalf of that source, such party, representative/counsel/witness has the right to ask for
protective order so as to prevent disclosure and/or "further disclosure" of said information -
UNLESS: Such source or party gives his express written consent.
WHEN TO FILE: The protective order can be filed at anytime (before, during pendency or after
the termination of ADR proceedings) if there be need to enforce confidentiality on information
obtained through/relative to ADR proceedings or to be obtained through ADR proceedings

 (*) Where to FILE and the VENUE of the Petition (Rule 10.3 Special ADR Rules)
The Petition is filed with RTC in the place where the Petition (if granted) is to be implemented
(i.e., the place where prohibitory injunction is to be implemented)
HOWEVER: When there is pending court action (whether with MTC/RTC/CA/SC) where the
confidential information is required "to be" disclosed, or "being" disclosed, then a "Motion"
(not Petition) can be filed with that court were the said action is pending to prevent the
confidential information to be disclosed or further disclosure

 (*) GROUNDS for the PETITION/MOTION (Rule 10.4 Special ADR Rules)
Only if the petitioner/movant (as the case maybe) would be materially prejudiced by the
unauthorized/unconsented disclosure of the:
1. Information that was obtained through ADR proceedings; or
Note: Because information obtained through ADR is privileged and confidential
2. Confidential information "to be" obtained during ADR proceedings
Note: Such as secret processes, secret developments, secret research and other secret
information (e.g., secret formula of Coca-cola beverages)
 CONTENTS of the PETITION/MOTION (Rule 10.5 Special ADR Rules)
The Petition or Motion shall state the following:
(1) That information disclosed or to be disclosed - is information obtained through ADR
proceeding
(2) That the petitioner/movant would be materially prejudiced by the disclosure of the
confidential information
(3) That person/s being required to disclose the confidential information - has participated in the
ADR proceedings (whether as party, representative, witness, expert, one who presided the
ADR proceedings [e.g., mediator, arbitrator, etc.], ADR secretary, stenographer or clerk [hired
in connection with the ADR proceedings], etc.; See Section 9 [d] ADRA)
(4) The date, time and place where the ADR proceedings took place
- NOW (*): In case what is to be filed is "Motion", then the Motion must observe Rule 15 ROC

 NOTICE OF HEARING in case what is FILED is "MOTION" (Rule 10.6 Special ADR Rules)
The Notice of Hearing must be addressed to adverse parties in the pending action in court
(MTC/RTC) - in accordance with Rule 15 (Sections 4 and 5) ROC
(*) Notes:
1. Under Rule 15 ROC, the Motion must state "Notice of Motion Hearing" setting forth therein
the date and time of Motion hearing observing with Rule 15 (especially Sections 4 and 5 [i.e.,
10/3-day rule]) ROC which provides Motion shall state that date when the Motion is to be
heard by the court which must be set within 10 days reckoned from the filing of the Motion,
and that the movant must ensure that the adverse party must have received such Motion at
least 3 days before the date of the Motion hearing as stated in the Motion. NOW: A Motion
which does not observe the 10/3-day rule renders the Motion a worthless piece of paper which
the court will just ignore [Tan vs. CA, GR 130314, Sep. 22, 1998])
2. In case what is to be filed is "Petition" with RTC - THEN: The petitioner must serve copy of
the Petition to the respondent because the Petition is summary in nature pursuant to Rule
1.3 [A] Special ADR Rules. And because the Petition is an "initiatory pleading", then the
Petition must also comply with "Verification" and "Certificate Against Forum Shopping"
pursuant to Rule 1.5 Special ADR Rules

 (*) COMMENT/OPPOSTION to the PETITION/MOTION (Rule 10.7 Special ADR Rules)

The "Comment/Opposition" must be filed by the respondent (in the Petition) or adverse party (in
Motion) - WITHIN: 15 days reckoned from his receipt of the Petition/Motion - WHICH:
"Comment/Opposition" in order to oppose the Petition/Motion can attached therewith written
evidence that: [Note (*): Incidentally, below are the grounds to oppose the Petition/Motion]
(1) The information is not confidential (e.g., read 3.23 and 3.24 DOJ IRR); or
(2) The information was not obtained through/during ADR proceedings; or
(3) There was waiver of confidentiality (i.e., express written waiver/consent [Rule 10.1 Special
ADR Rules]); or
(4) The petitioner/movant is estopped/precluded from asserting confidentiality of information
(e.g., read Article 3.23 DOJ IRR)

 (*) The RTC/COURT in RESOLVING the PETITION/MOTION (Rule 10.8 Special ADR Rules)
The RTC/Court in resolving the Petition/Motion, shall be guided by the following ADR principles:
(1) That confidential information is inadmissible in evidence in any judicial/quasi-judicial
proceedings, neither subject to Discovery procedure
(2) That evidence/information does not become inadmissible in evidence or protected from
Discovery - solely by its use in the ADR proceedings (e.g., written loan contract used as
evidence in ADR proceeding does not become inadmissible in evidence to be used in in the
court in the event ADR is not successful)
If the Petition/Motion is meritorious - THEN: The RTC/Court shall grant the Petition/Motion
NOW: When the ADR was/is to be a "Mediation proceedings", then the RTC/Court shall be
guided further by the following principles:
(1) Information obtained through mediation proceedings - are privileged and confidential
(2) A mediation party, mediator, or non-party participant (e.g., witness) may refuse to disclose
and can even prevent others from disclosing mediation information
(3) In adversarial proceedings, the following persons involved in the mediation proceedings may
not be compelled to disclose confidential information obtained through mediation
proceedings - (a) mediation parties, (b) mediator, (c) representative of the parties, (d) non-
party participant, (e) any person hired/engaged in connection with the mediation such as
mediation secretary/stenographer/clerk/assistant, and (f) any person who obtained
confidential mediation information by reason of his profession
(4) The confidentiality of mediation information continues to be confidential - even if the
mediator acted impartially
(5) Mediator may not be compelled to provide confidential mediation information - AND: If he is
wrongfully subpoenaed, then he has the right to be reimbursed the full cost of the attorney's
fees he paid to the lawyer and other expenses related to the wrongful subpoena

 (*) RELIEF/REMEDY against the RTC/Court GRANTING/DENYING the PETITION/MOTION

(Rule 10.9 Special ADR Rules)
When the RTC/Court GRANTED the Petition/Motion: The person/s prohibited by the "Order" of
the RTC/Court to disclose confidential information shall be immediately executory (Note: But the
respondent can file MR [see Rule 19.1 Par 1 [g] Special ADR Rules) - AND: Such "Order" may
remain effective even such "Order" is elevated in the appellate court (unless the appellate court
reversed such "Order" of the lower RTC/court [as the case maybe])
When the RTC/Court DENIED the Petition/Motion: The petitioner can file MR, or appeal (if the
MR is denied)

 ADVERSE CONSEQUENCE upon PERSON who DISOBEYS the GRANTED PETITION/MOTION

(Rule 10.10 Special ADR Rules)
Any person who disobeys the Protective Order of the RTC/Court to stop from divulging
confidential information shall be meted out with proper sanction (e.g., Contempt of Court)
CHAPTER 20. - SPECIFIC COURT RELIEF particularly PETITION to
CONFIRM/CORRECT/VACATE DOMESTIC ARBITRAL AWARD (Rule 11
Special ADR Rules)

 (*) WHO, WHERE and WHEN to FILE PETITION (Rule 11.1 and 11.2 Special ADR Rules)
Any party to the domestic arbitration can file with RTC the Petition:
(1) For Petition to Confirm Domestic Arbitral Award: Anytime after the lapse of 30 days
reckoned from petitioner's receipt of the domestic arbitral award decision;
Note: Why the Petition to Confirm can be filed only after the lapse of 30 days reckoned from
receipt of the domestic arbitral award decision? Because the adverse party who intends to
file Petition to Confirm has to wait for the other party whether the latter will file Petition to
Correct/Modify or Petition to Vacate (as the case maybe) within 30 days reckoned from his
receipt of the domestic arbitral award decision adverse to him (see [2] and [3] just below).
 Can the Petition to Confirm also include therein a Petition to Correct?
YES (and both Petitions will be heard simultaneously by one RTC)
(2) For Petition to Correct/Modify Domestic Arbitral Award: Within 30 days reckoned from
petitioner's receipt of the domestic arbitral award decision
(3) For Petition to Vacate Domestic Arbitral Award: Within 30 days reckoned from petitioner's
receipt of the domestic arbitral award decision (otherwise it shall be dismissed)
 If Petition to Vacate is filed (ahead of the Petition to Confirm) with RTC, can a "Petition
to Confirm in Opposition to Petition to Vacate" be filed subsequently in the very same
RTC?
YES - at anytime after the Petition to Vacate is filed. If the Petition to Vacate is dismissed
for having filed beyond the reglementary 30-day period - such dismissal does not carry
with it the dismissal of the Petition to Confirm
Note: We call the petition a "Petition to Confirm" when it is filed ahead of or after the
lapse of 30-day reglementary period from receipt for the filing of the Petition to
Vacate/Correct/Modify the domestic arbitral award decision. And we call it "Petition to
Confirm in Opposition to Petition to Vacate" when it is filed subsequent to the filing of the
"Petition to Vacate"
 The filing of Petition to Vacate in Opposition to Petition to Confirm (in contrast with
Petition to Vacate)
Must be filed within 30 days reckoned from petitioner's receipt of the domestic arbitral
award decision (otherwise it shall be dismissed; the same 30-day reglementary period as
that of the filing of Petition to Vacate).
  Is it possible that Petition to Confirm is filed ahead of the Petition to Vacate in
Opposition to the Petition to Confirm?
YES. When the petitioner for the Petition to Confirm received the arbitral award
decision well ahead of the receipt thereof by the party who intends to file Petition to
Vacate in Opposition to the Petition to Confirm - such as when the arbitration venue
is in Manila and the petitioner for the Petition to Confirm lives in Manila, but the party
who intends to file Petition to Vacate in Opposition to the Petition to Confirm is living
in Tuguegarao City - which for sure, the petitioner for the Petition to Confirm will
receive the arbitral award decision well ahead of the other party. But remember that
the petitioner for Petition to Vacate in Opposition to the Petition to Confirm must file
it within 30-day period reckoned from his receipt of the arbitral award decision
(otherwise, his Petition to Vacate in Opposition to the Petition to Confirm will be
dismissed)
NOW: The same is true with "Petition to Correct/Modify" domestic arbitral award
decision (read Article 11.5 Par 3 Special ADR Rules)

 (*) RTC VENUE (Rule 11.3 Special ADR Rules; BAR 2015)
At the option of the petitioner:
(1) Where any of the parties doing business - is located
(2) Where the residence of any of the parties - is located
(3) Where the domestic arbitration was conducted - is located

 (*) GROUNDS for the PETITION (Rule 11.4 Special ADR Rules)
(1) Grounds for Petition to Vacate (Rule 11.4 [A])
(a) The arbitral award was rendered through corruption, fraud or other undue (unjustified)
means;
(b) Evident (palpable) partiality/corruption of the arbitral tribunal or any of the arbitrators;
(c) The arbitral tribunal was guilty of misconduct or any form of misbehaviour which
materially prejudiced the rights of any party - such as (but not limited to) refusing to
postpone the arbitration hearing despite sufficient cause, or refusing to hear an evidence
that is relevant and material (significant) to the arbitration dispute;
(d) One/more of the arbitrators was disqualified to act as arbitrator under the law - provided,
he deliberately refrained/concealed such disqualification;
(e) The arbitral tribunal exceeded its power, or (did not exceed power) but so imperfectly
discharge such power - such that a complete, final and definite arbitral award upon
matters submitted for arbitration was not rendered
 Note: When arbitral award includes all those disputes submitted for arbitration, but also
included those not submitted by parties for arbitration, - THEN: The RTC will not vacate
the arbitral award but exclude only those award/s not submitted for arbitration but
included in the arbitral award
IN THE SAME VEIN (asides from above enumerated): Petition to Vacate also includes any/all
of the following grounds:
(a) The arbitration agreement is inexistent, invalid or unenforceable;
Note: "Inexistent" such that there is literally no arbitration agreement; "invalid" such that
the other party was minor or judicially declared incompetent who was not represented by
his court-authorized guardian, and "unenforceable" such that pursuant to Ormoc
Sugarcane Planters' Association, Inc. Vs. Court of Appeals, GR 156660, August 24, 2009
the arbitration agreement is not in writing
 Forms of Arbitration agreement (i.e., whether in the arbitration clause or submission
agreement; Section 4.1.3 CIAC Rules)
Arbitration agreement must be in writing but need not be signed by the parties - so
long as their intent to submit to arbitration is clear. This arbitration agreement can
even be in the form of exchange of letters by post, telefax, telegrams, or by electronic
communications (e.g., mobile phone text messages), or any other written mode of
communications
(b) One of the parties in the domestic arbitration is infant (minor), or judicially declared
incompetent (Note: Guardian must first file with RTC a "Petition for Permission to Submit
to Arbitration Dispute" in behalf of the infant or judicially declared incompetent [Article
5.1 Par 3 DOJ IRR ])
NOW: Petition to Vacate on ground that a party to the domestic arbitration is a minor or
person judicially declared incompetent - shall be filed only on behalf of the
minor/incompetent, and shall allege any of the following:
(i) That the respondent entered into arbitration agreement or submission agreement
with the minor/incompetent knowing beforehand of the latter's minority/being
judicially declared incompetent; or
(ii) That the submission agreement entered into by guardian/guardian ad litem (in behalf
of the minor/incompetent) was not priorly authorized by competent court (RTC) for
him to enter into submission agreement in behalf of the ward who is a
minor/incompetent
Exclusive grounds for Petition to Vacate: The Petition to Vacate shall be dismissed when the
ground/s is other than those enumerated above
(2) Grounds for Petition to Correct/Modify (Rule 11.4 [B])
 (a) Evident (palpable) miscalculation of figures in the arbitral award, or evident mistake in
the description of any person/thing/property subject the arbitral award
(b) Arbitrator rendered arbitral award (among other valid awards) that is not submitted for
arbitration
(c) Arbitrator rendered arbitral award which omitted to resolve issue/s (or dispute/s) that
is/are submitted for arbitration
(d) The arbitral award is imperfect as to matter/s of form only - not affecting the merits of
the arbitration dispute (read Article 5.31 as to "Forms and Contents of Domestic Arbitral
Award"), and if it had been a commissioner's report, the defect could have been amended
or disregard by the court

 FORM of PETITION (Rule 11.5 Special ADR Rules)

(1) Petition to Vacate: Shall be in the form of a "Petition to Vacate"(when Petition to Vacate is
filed with RTC ahead of the Petition to Vacate), or "Petition to Vacate in Opposition to Petition
to Confirm"(when the Petition to Confirm is filed with RTC ahead of the Petition to Vacate in
Opposition to Petition to Confirm)
(2) Petition to Correct/Modify: Allowed to be included in the Petition to Confirm or Petition to
Vacate(but can be filed separately from Petition to Confirm or Petition to Vacate - but must
observe "[3]" just below)
(3) When Petition to Confirm filed ahead of the Petition to Vacate or Petition to Correct/Modify
While the Petition to Confirm is pending with RTC, a "Petition to Vacate"/ "Petition
Correct/Modify" in Opposition to Petition to Confirm" (i.e. not just "Petition to Vacate", or
"Petition to Correct/Modify") can be subsequently filed - provided it is filed within 30 days
reckoned from receipt of the arbitral award in the "verysame RTC and very same docket
number that the Petition to Confirm is docketed". NOW: If the Petition to Vacate/Petition to
Correct/Modify in Opposition to Petition to Confirm is (a)filed in another RTC (or different
RTC branch), or (b) filed in the very same RTC but in a separate case (i.e., different docket
number) - THEN: Upon Motion (by the petitioner in the Petition to Confirm), the RTC where
the Petition to Vacate/Petition to Correct/Modify in Opposition to Petition to Confirm is filed
will be dismissed on ground of violation of "forum shopping" - UNLESS: The two (2) RTCs or
RTC concerned (as the case maybe) may consolidate the two (2) Petitions in one RTC and one
case (i.e., very same RTC and very same docket number [which by usual practice, it will be
consolidated in a Petition where it is already heard longer than the other Petition)
(4) When Petition to Vacate/Petition to Correct/Modify is filed ahead of the Petition to Confirm
While the Petition to Vacate/Petition to Correct/Modify is pending with RTC, a Petition to
Confirm in Opposition to the Petition to Vacate/Petition to Correct/Modify (i.e., not just
 "Petition to Confirm") can be filed subsequently (in anytime after the Petition to
Vacate/Petition Correct/Modify is filed) in the "very same RTC and very same docket number
that the Petition to Vacate/Petition to Correct/Modify is docketed".. NOW: If the Petition to
Confirm in Opposition to Petition to Vacate/Petition Correct/Modify is (a) filed in another
RTC (or different RTC branch), or (b) filed in the very same RTC but in a separate case (i.e.,
different docket number) - THEN: Upon Motion (by the petitioner in the Petition to Confirm),
the RTC where the Petition to Confirm in Opposition to Petition to Vacate/Petition
Correct/Modify is filed will be dismissed on ground of violation of "forum shopping" - UNLESS:
The two (2) RTCs or RTC concerned (as the case maybe) may consolidate the two (2) Petitions
in one RTC and one case (i.e., very same RTC and very same docket number [which by usual
practice, it will be consolidated in a Petition where it is already heard longer than the other
Petition)
(5) When Petition to Confirm and Petition Vacate/Petition to Correct/Modify - are both filed at
the same time by the parties in same RTC (but of different docket numbers) or two RTCs
Then upon Motion of either party - there can be consolidation of the two (2) Petitions in one
RTC and same case (i.e., one RTC and same docket number)
IN ALL PETITIONS: They must all be verified (executed by person who has personal knowledge of
the facts alleged in such Petition [e.g., petitioner])
Note: (Unlike in Petition summary in nature [Rule 1.3 [A] Special ADR Rules]) The Petition to
Confirm/Vacate/Correct/Modify Domestic Arbitral Award being non-summary in nature (Rule 1.3
Par 1 Special ADR Rules), the petitioner in filing his Petition need not serve copy thereof to the
respondent but rather it would be the RTC to serve such copy (see Rule 1.8 Par 1). Also, the
Petition asides from "Verification", must also state "Certificate Against Forum Shopping"
pursuant to Rule 1.5 Special ADR Rules the Petition being an "initiatory pleading"

 CONTENTS of the PETITION (Rule 11.6 Special ADR Rules)

The Petition must state the following:
(a) Addresses, or any change of address - of all parties (and any change thereof, if any)
(b) The jurisdictional issues raised a party during the domestic arbitration proceedings (i.e., that
the arbitration agreement is inexistent/invalid/unenforceable)
(c) The date of receipt of the domestic arbitral award - and under what circumstances the arbitral
award was received (i.e. how it was received by the petitioner)
(d) In case the Petition filed is "Petition to Vacate/Set-aside", or "Petition to Vacate/Set-aside in
Opposition to Petition to Confirm" - the Petition must state the ground/s for the
vacation/setting-aside of the domestic arbitral award (i.e., that the arbitration agreement is
inexistent/invalid/unenforceable, or the petitioner is infant/minor or judicially declared
 incompetent at the time the arbitration agreement was entered into or during the arbitration
proceedings which the respondent knows the same beforehand, or that the general
guardian/guardian ad litem entered into arbitration agreement in behalf of the
minor/judicially declared incompetent without prior judicial authority permitting such
guardian/guardian ad litem to enter into such arbitration agreement)
- AND: The Petition must also attachthe following: (asides from other attachments [if any])
(a) Authentic copy of the arbitration agreement;
(b) Authentic copy of the domestic arbitral award;
(c) Authentic copy/ies of the appointment of arbitrator/s; and
(d) "Certification Against Forum Shopping" executed by the petitioner - in accordance with Rule
7 Section 5 ROC (or Rule 1.5 Special ADR Rules)
 If the ground/s relied upon in the Petition to Vacate, or Petition to Vacate in Opposition to
Petition to Confirm (or even Petition to Vacate in Opposition to Petition to Correct/Modify) -
is that the petitioner is an infant (minor) or judicially declared incompetent (Rule Par 4
Special ADR Rules): Then the Petition must attach a certified copy of document showing that
at the time the petitioner entered into arbitration agreement with the respondent, the later
was aware that the petitioner was infant/minor or judicially declared incompetent
 If the ground/s relied upon in the Petition to Vacate, or Petition to Vacate in Opposition to
Petition to Confirm (or even Petition to Vacate in Opposition to Petition to Correct/Modify) -
is that the arbitration agreement in inexistent, invalid or unenforceable (Rule 11.8 Par 3
Special ADR Rules)
When prior to the filing of such Petition to Vacate, or Petition to Vacate in Opposition to
Petition to Confirm, there has been filed with RTC a Petition (regarding issue of jurisdiction of
the domestic arbitral [i.e., that the arbitration agreement is inexistent, invalid or
unenforceable]) before the arbitration is commenced under Rule 3 [A] Special ADR Rules, and
the RTC issued a Decision finding prima facie that the arbitration agreement exists, valid or
enforceable - THEN: A copy of such Petition (regarding issue that the arbitration agreement
is inexistent, invalid or unenforceable) and the RTC Decision shall be attached to the Petition
to Vacate or Petition to Vacate in Opposition to Petition to Confirm.
HOWEVER: If such Petition (regarding issue that the arbitration agreement is inexistent,
invalid or unenforceable) after the arbitration is commenced under Rule 3 [B] Special ADR
Rules, where the arbitral tribunal ruled finding that the arbitration agreement exists, valid or
enforceable, and later the aggrieved arbitration party elevated the matter to RTC by filing the
said Petition (regarding issue that the arbitration agreement is inexistent, invalid or
unenforceable) and the RTC issued Decision dismissing the Petition (regarding issue that the
arbitration agreement is inexistent, invalid or unenforceable) - THEN: A copy of the Order of
 arbitral tribunal finding the arbitration agreement exists, valid or enforceable, the arbitral
award, and such Petition (regarding issue that the arbitration agreement is inexistent, invalid
or unenforceable) previously filed with the - shall be attached to the Petition to Vacate or
Petition to Vacate in Opposition to Petition to Confirm
Notes:
(1) If the Petition (regarding issue that the arbitration agreement is inexistent, invalid or
unenforceable) is filed with RTC before the domestic arbitration is commenced (under Rule
3 [A] Special ADR Rules), and the RTC issued Decision dismissing such Petition finding
prima facie that the arbitration agreement exists, valid or enforceable - such RTC Decision
is without prejudice to the filing of Petition to Vacate or Petition to Vacate in Opposition
to Petition to Confirm (Rule 3.11 Par 2 Special ADR Rules)
(2) If the Petition (regarding issue that the arbitration agreement is inexistent, invalid or
unenforceable) is filed with RTC after the domestic arbitration is commenced (under Rule
3 [B] Special ADR Rules) and the arbitral tribunal ruled finding that the arbitration
agreement exits, valid or enforceable, and the RTC issued Decision dismissing such Petition
finding prima facie that the arbitration agreement exists, valid or enforceable - such RTC
Decision is without prejudice to the filing of Petition to Vacate or Petition to Vacate in
Opposition to Petition to Confirm (Rule 3.21 Special ADR Rules)
 When the Petition filed is Petition to Vacate (or Petition to Vacate in Opposition to Petition
to Confirm; [Rule 11.9 Par 4 Special ADR Rules])
The petitioner may (optional) simultaneously alleged in his Petition (if granted) asking the
RTC to refer back the case to the same arbitral tribunal that rendered the arbitral award for
purposes of making new/revised arbitral award, or to conduct new arbitration hearing, or
may even order that the new hearing shall be conducted not in the original arbitral tribunal
but a new/another arbitral tribunal. And in case of new/another arbitral tribunal, the
arbitrator/s shall be appointed in accordance with the arbitration agreement or law (e.g.,
ADRA)

 NOTICE SERVED by the RTC to the RESPONDENT (Rule 11.7 Special ADR Rules)
When the RTC finds the Petition sufficient in form and substance, it shall serve Notice attached
therewith copy of the Petition to the respondent - which Notice directs the respondent to file his
"Comment/Opposition" (or in lieu of "Comment/Opposition", to file Petition to Confirm in
Opposition to Petition to Vacate or Petition to Vacate in Opposition to Petition to Confirm[as the
case maybe])- within 15 days reckoned from his receipt of the Notice
NOW: The petitioner may file a Reply to such "Opposition" - within 15 days reckoned from his
receipt of such respondent's "Opposition"
Note: (Unlike in Petition summary in nature [Rule 1.3 [A] Special ADR Rules]) The Petition to
Confirm/Vacate/Correct/Modify Domestic Arbitral Award being non-summary in nature (Rule 1.3
Par 1 Special ADR Rules), the petitioner in filing his Petition need not serve copy thereof to the
respondent but rather it would be the RTC to serve such copy (see Rule 1.8 Par 1)

 HEARING on the PETITION (Rule 11.8 Special ADR Rules)

If the RTC finds that there are factual issues, then it shall issue an Order requiring the parties to
simultaneously file their respective Witness/es Affidavit on a certain fixed day not more than 15
days reckoned from receipt of such Order - AND: In the same Order, also require the parties to
file their respective Reply Affidavit within 10 days reckoned from their receipt of the said
Witness/es Affidavit. In such Witness/es Affidavit and Reply Affidavit, attached therewith
documents supporting said affidavits
If the Petition filed is Petition to Vacate, or Petition to Vacate in Opposition to Petition to
Confirm (or even Petition to Vacate in Opposition to Petition to Correct/Modify): Any of the
parties interested in countering such Petition to Vacate or Petition to Vacate in Opposition to
Petition to Confirm, may in his Reply Affidavit allege therein that assuming that the ground/s
relied in the Petition to Vacate or Petition to Vacate in Opposition to Petition to Confirm to be
true - nevertheless, such ground/s does not affect the merits of the arbitral award which said
ground/s can be cured/remedied and also state therein (Reply Affidavit) supporting legal
arguments - AND: Request the RTC to suspend the proceedings for a period and order the
domestic arbitral tribunal to reopen the arbitration for the conduct of new/further hearing for
purposes of eliminating/removing the ground/s relied upon in the Petition to Vacate or Petition
to Vacate in Opposition to Petition to Confirm (Note: Article 5.34 DOJ IRR: When a petition to
vacate/set-aside the domestic arbitral award is filed with RTC, a party when request the RTC to
suspend the petition for period of time to give the arbitral tribunal the opportunity to
resume/reopen the arbitration proceedings for purposes of eliminating the ground/s relied upon
in the petition to vacate/set-aside the arbitral award)
If the ground/s relied upon in the Petition to Vacate, or Petition to Vacate in Opposition to
Petition to Confirm (or even Petition to Vacate in Opposition to Petition to Correct/Modify) - is
that the petitioner is an infant (minor) or judicially declared incompetent: Then the Petition
must attach a certified copy of document showing that at the time the petitioner entered into
arbitration agreement with the respondent, the later was aware that the petitioner was
infant/minor or judicially declared incompetent. However, if such arbitration agreement was
entered into by general guardian or guardian ad litem in behalf of the minor or judicially declared
incompetent, nevertheless, such general guardian or guardian ad litem was not previously
authorized by court to enter into such arbitration agreement in behalf of the minor or judicially
declared incompetent
When will the RTC conducts "oral" hearing: If on the basis of the Petition, the
Comment/Opposition (or Petition in Opposition to the Petition), the "Witness/es Affidavit" and
"Reply Affidavit" respectively filed by the parties, the RTC finds that there is a need to conduct
oral hearing - then the RTC shall set the date of the oral hearing which shall have preference over
other cases pending before said RTC except for criminal cases. During the oral hearing, the
"Witness/es Affidavit" shall be deemed as direct testimony of such witness subject to immediate
cross-examination - AND: The RTC having full control of the oral hearing shall conduct the same
ensuring without undue delay

 (*) The RTC in RESOLVING the PETITION (Rule 11.9 Special ADR Rules)
The RTC shall grant the Petition to Confirm (or Petition to Confirm in Opposition to Petition to
Vacate) - UNLESS: The ground/s for the Petition to Vacate (or Petition to Vacate in Opposition to
Petition to Confirm), or the Comment/Opposition against the Petition to Confirm, is proven.
HOWEVER: The RTC shall be guided by the principle:
(1) That "the arbitral award is presumed to have been issued by the domestic arbitral tribunal in
due course and is therefore subject to RTC confirmation"
(2) That shall not disturb the findings of facts and/or conclusions/interpretations of law - made
by the arbitral tribunal
Note (*): FINDINGS of FACTS of the ARBITRATOR in the ARBITRATION (Uniwide Sales Realty
vs. Titan-Ikeda Construction, GR 126619, December 20, 2006)
Court will not review the factual findings of an arbitral tribunal upon the artful allegation that
such body had "misapprehended facts" and will not pass upon issues which are, at bottom,
issues of fact, no matter how cleverly disguised they might be as "legal questions." Court will
not permit the parties to re-litigate before it the issues of facts previously presented and
argued before the arbitral tribunal - UNLESS: Where a clear showing is made that, in reaching
its factual conclusions, the arbitral tribunal committed an error so egregious (so
obvious/flagrant) and hurtful to one party as to constitute a grave abuse of discretion
resulting in lack or loss of jurisdiction. Prototypical examples would be factual conclusions of
the arbitral tribunal which resulted in deprivation of one or the other party of a fair
opportunity to present its position before the arbitral tribunal, and an arbitral award
obtained through fraud or the corruption of arbitrators. Any other, more relaxed rule (as to
arbitral tribunal's findings of facts) would result in setting at naught the basic objective of a
voluntary arbitration and would reduce arbitration to a largely inutile institution
 When the Petition filed is Petition to Vacate (or Petition to Vacate in Opposition to Petition
to Confirm; [Rule 11.9 Par 4 Special ADR Rules])
The petitioner may (optional) simultaneously request in his Petition asking the RTC to refer
back the case to the same arbitral tribunal that rendered the arbitral award for purposes of
making new/revised arbitral award, or to conduct new arbitration hearing (unless the RTC
orders that the new arbitration hearing must be heard in another arbitral tribunal). And in
case of another arbitral tribunal, the arbitrator/s shall be appointed in accordance with the
arbitration agreement or law (e.g., ADRA).
In case the RTC refers the case back for arbitration pursuant to Section 24 RA 876 (Domestic
Arbitration Law) whether in the same or different arbitral tribunal, the RTC may not order the
arbitral tribunal to revise the arbitral award in a particular way, or to revise the factual
findings and conclusions/interpretations of law made by the arbitral tribunal, or in any way
encroaching upon the independence of the arbitral tribunal in the making of arbitral award
Note: When the RTC grants the Petition to Confirm/Vacate/Correct domestic arbitral award - are
subject to the following: (1) MR (see Rule 19.1 Par 1 [h] Special ADR Rules), (2) Appeal via Petition
for Review (see Rule 19.12 [e] Special ADR Rules) - from RTC to CA, (3) Petition for Certiorari (see
Rule 19.26 [f] Special ADR Rules)- from RTC to CA, and (4) zzzPetition for Review on Certiorari (see
Rule )