SECTION 6 DRAFT

IRR OF RA 8369

Section 6. Applicability of Mediation –

6.1 Coverage and Exceptions — The following cases shall be referred to family
mediation:1

a) All issues under the Family Code and other laws in relation to support,
custody, visitation, property relations, guardianship of minor child and
other issues which can be the subject of a compromise agreement,
except:

1) those covered by:

(a) Republic Act 9262

(Anti-Violence Against Women and Their Children Act)
(b) Republic Act 7610 (Special Protection of Children against Abuse,
Exploitation and Discrimination Act)
(c) Republic Act 8353 (Anti-Rape Law)
(d) Republic Act 9208 (Anti-Trafficking in Persons Act)
(e) Republic Act 9775 (Anti Child Pornography Law)

2) civil status of persons

3) validity of marriage
4) future support
5) jurisdiction
6) grounds for legal separation
7) future legitime2

b) Settlement of estates.3

1
Rule on Court-Annexed Family Mediation (RCAFM), A.M. No. 10-4-16-SC dated June 20, 2010.
2
Ibid.; See also Article 2035, Civil Code.
3
Rule 1, RCAFM.
6.2 Cases not referred to mediation and Exceptions –

The following cases shall not be referred to Court-Annexed Mediation 4 and

Judicial Dispute Resolution:5
1. Civil cases which by law cannot be compromised (Article 2035, New Civil
Code);

2. Other criminal cases under the following:

(a) All civil and criminal cases filed with a certificate to file action issued by
the Punong Barangay or the Pangkat ng Tagapagkasundo under the
Revised Katarungang Pambaragay Law;
(b) The civil aspect of Quasi Offenses under Title 14 of the Revised Penal
Code;
(c) The civil aspect of less grave felonies punishable by correctional
penalties not exceeding 6 years imprisonment, where the offended party is
a private person;
(d) The civil aspect of estafa, theft and libel;6
4
“Court-Annexed Mediation (CAM) where the judge refers the part ies to the Philippine
Mediation Center (PMC) for the mediation of their dispute by trained and accredited
mediators.” -Consolidated and Revised Guidelines to Implement the Expanded Coverage of
Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) , A.M. No. 11-1-6-SC-
PHILJA, January 11, 2011, p.5.
5
“Judicial Dispute Resolution is where the JDR judge sequentially becomes a mediator-
conciliator-early neutral evaluator in a continuing effort to secure a settlement.” - Consolidated
and Revised Guidelines to Implement the Expanded Coverage of Court-Annexed Mediation
(CAM) and Judicial Dispute Resolution (JDR), A.M. No. 11-1-6-SC-PHILJA, January 11, 2011, p.5.

6
Consolidated and Revised Guidelines to Implement the Expanded Coverage of Court-Annexed
Mediation (CAM) and Judicial Dispute Resolution (JDR), OCA Circular No. 51-2011
dated April 6, 2011, pp.7-10.
“xxx
Mandatory Coverage for Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR)
The following cases shall be 1) referred to Court-Annexed Mediation (CAM) and 2)
be the subject of Judicial Dispute Resolution (JDR) proceedings:
(1) All civil cases and the civil liability of criminal cases covered by the rule on
Summary Procedure, including the civil liability for violation of B.P. 22, except
those which by law may not be compromised;
(2) Special proceedings for the settlement of estates;
(3) All civil and criminal cases filed with a certificate to file action issued by the
Punong Barangay or the Pangkat ng Tagapagkasundo under the Revised
Katarungang Pambarangay Law
(4) The civil aspect of Quasi Offenses under Title 14 of the Revised Penal code;
(5) The civil aspect of less grave felonies punishable by correctional penalties not
exceeding 6 years imprisonment, where the offended party is a private person;
(6) The civil aspect of estafa, theft and libel;
(7) All civil cases and probate proceedings, testate and intestate, brought on
appeal from the exclusive and original jurisdiction granted to the first level
courts under Section 33, par. (1) of the Judiciary Reorganization Act of 1980;
(8) All cases of forcible entry and unlawful detainer brought on appeal from the
exclusive and original jurisdiction granted to the first level courts under Section
33, par. (2) of the Judiciary Reorganization Act of 1980;
(9) All civil cases involving title to or possession of real property or an interest
therein brought on appeal from the exclusive and original jurisdiction granted to
the first level courts under Section 33, par. (3) of the Judiciary Reorganization Act
 3. Habeas Corpus petitions;

4. All cases under Republic Act No. 9262 (Violence against Women and
Children); and

5. Cases with pending application for Restraining Orders/Preliminary

Injunctions.

However, in cases covered under 1, 4 and 5 where the parties inform the
court that they have agreed to undergo mediation on some aspects thereof,
e.g., custody of minor children, separation of property, or support pendent
lite, the court shall refer them to mediation.7

of 1980;
(10) All habeas corpus cases decided by the first level courts in the absence of
the Regional Trial Court judge, that are brought up on appeal from the special
jurisdiction granted to the first level courts under Section 35 of the Judiciary
Reorganization Act of 1980;

The following cases shall not be referred to CAM and JDR:

1. Civil cases which by law cannot be compromised (article 2035, New Civil
Code);
2. Other criminal cases not covered under paragraphs 3 to 6 above;
3. Habeas Corpus petitions;
4. All cases under Republic Act No. 9262 (Violence against Women and Children);
and
5. Cases with pending application for Restraining Orders/Preliminary Injunctions.

However, in cases covered under 1, 4 and 5 where the parties inform the court that they
have agreed to undergo mediation on some aspects thereof, e.g., custody of minor
children, separation of property, or support pendente lite, the court shall refer them to
mediation.
xxx.”

7
Consolidated and Revised Guidelines to Implement the Expanded Coverage of Court-Annexed
Mediation (CAM) and Judicial Dispute Resolution (JDR), OCA Circular No. 51-2011 dated April
6, 2011.