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CAM & JDR

ADMINISTRATIVE RULES
(JDR Judges)
A.M. No. 11-1-6-SC-PHILJA (Re:
Consolidated and Revised Guidelines to
Implement the Expanded Coverage of
Court-Annexed Mediation [CAM] and
Judicial Dispute Resolution [JDR]) dated
January 11, 2011

Judge DIVINA LUZ P. AQUINO-SIMBULAN


RTC-Branch 41
City of San Fernando, Pampanga
ADR IN COURTS
Admin. Matter No. 11-1-6-SC-PHILJA
(January 11, 2011): Consolidated and
Revised Guidelines to Implement the
Expanded Coverage of Court-Annexed
Mediation (CAM) and Judicial Dispute
Resolution (JDR)
Three (3) Stages of Diversion
CAM Court-Annexed Mediation & MCAM

JDR Judicial Dispute Resolution

ACM Appellate Court Mediation


What is
JDR?
JDR
JDR means Judicial Dispute Resolution
which is an ADR mechanism and an
innovative tool integrated in the judicial
system aimed at offering immediate
justice for the parties and by the
parties for disputes already locked in
judicial proceedings.
Who
conducts
JDR?
Only JUDGES (trained in
JDR) conduct JDR and
this function cannot
be delegated to
Clerks of Court or
anyone else.
What CASES
undergo
JDR?
MANDATORY COVERAGE FOR CAM & JDR
(A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage,
No. 3)

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 BP 22 (N.B.
A.M. No. 00-11-01-SC already included BP
22 cases under Rule on Summary
Procedure effective April 15, 2003), except
those which by law may not be
compromised;
MANDATORY COVERAGE FOR CAM & JDR
(A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage,
No. 3)

CASES COVERED BY THE RULE ON


SUMMARY PROCEDURE:
* Ejectment and unlawful detainer/forcible
entry;
* Other criminal cases where the penalty
prescribed by law for the offense
charged does not exceed six (6) months
imprisonment or a fine not exceeding
five (5) thousand pesos, or both;
MANDATORY COVERAGE FOR CAM & JDR
(A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage,
No. 3)

CASES COVERED BY THE RULE ON


SUMMARY PROCEDURE:
N.B. Although criminal cases like violations of
traffic laws, rules and regulations, violations of
municipal or city ordinances are included in the
list of cases under summary procedure, they
should not be mediated because law enforcers
cannot be compelled to pay mediation fees and
mediation may be utilized as a source of
corruption.
MANDATORY COVERAGE FOR CAM & JDR
(A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage,
No. 3)

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;
MANDATORY COVERAGE FOR CAM & JDR
(A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage,
No. 3)

4) Civil aspect of Quasi-Offenses under Title


14 of the Revised Penal Code;
[Examples - cases committed by reckless or
simple imprudence or negligence resulting in
slight, less serious or serious physical injuries;
imprudence resulting in damage to property;
reckless or simple imprudence with violation of
the motor vehicle law]
MANDATORY COVERAGE FOR CAM & JDR
(A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage,
No. 3)

5) Civil aspect of less grave felonies


punishable by correctional penalties
not exceeding 6 years imprisonment,
where the offended party is a private
person;
6) Civil aspect of estafa (not syndicated),
(SIMPLE) theft and libel;
MANDATORY COVERAGE FOR CAM & JDR
(A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage,
No. 3)

APPEALED CASES TO RTC (JDR)


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;
MANDATORY COVERAGE FOR CAM & JDR
(A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage,
No. 3)

APPEALED CASES TO RTC (JDR)


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;
MANDATORY COVERAGE FOR CAM & JDR
(A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage,
No. 3)

APPEALED CASES TO RTC (JDR)


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
of 1980; and
MANDATORY COVERAGE FOR CAM & JDR
(A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage,
No. 3)

APPEALED CASES TO RTC (JDR)


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.
Are there cases
that should
not undergo
CAM and JDR?
MANDATORY COVERAGE FOR CAM & JDR
(A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage,
No. 3)

CASES NOT REFERRED TO CAM


1) Civil cases which by law cannot be compromised
(Article 2035, New Civil Code) -
a. Annulment of marriage;
b. Civil status of persons;
c. Any ground for legal separation;
d. Future support;
e. Jurisdiction of courts;
f. Future legitime
MANDATORY COVERAGE FOR CAM & JDR
(A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage,
No. 3)

CASES NOT REFERRED TO CAM


2) Other criminal cases not covered under
paragraphs 3 to 6 of the MEDIATABLE cases
(3. Katarungang Pambarangay Law, 4. Quasi-
Offenses RPC Title 14, 5. Crimes until 6 years
imprisonment with private offended party, 6. Civil
Aspect of Estafa, Theft & Libel);
3) Habeas Corpus petitions;
MANDATORY COVERAGE FOR CAM & JDR
(A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage,
No. 3)

CASES NOT REFERRED TO CAM


4) All cases under R.A. No. 9262 (Violence
against Women and Children); and
5) Cases with pending application for
Restraining Orders/Preliminary
Injunctions
MANDATORY COVERAGE FOR CAM & JDR
(A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage,
No. 3)

CASES NOT REFERRED TO CAM


(EXCEPTION)
However, in cases covered under 1 (Art. 2035,
New Civil Code), 4 (R.A. 9262 VAWC) and 5 (TRO &
Prelim. Inj.) 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.
May parties
request that
mediatable cases
originally filed
with courts
undergo JDR
No. For mediatable cases
originally filed with courts
(vs. on appeal), these cases
MUST be referred first to
CAM and if parties do not
settle in CAM, then the JDR
Judge will conduct JDR. It is
mandatory for judges in JDR
sites to conduct JDR.
Generally,
when is JDR
conducted
(STAGE)?
PRE-TRIAL BASES
Section 2 (a), Rule 18, Rules of Court
(Civil Cases): possibility of amicable
settlement or submission to alternative
modes of dispute resolution
Section 1 (f), Rule 118, Rules of Court
(Criminal Cases): such matters as will
promote fair & expeditious trial of criminal
and civil aspects of the case
Flowchart of CIVIL CASE from filing to referral to PMC for CAM & JDR

Office of the Clerk of Court Branch

Receipt:
Segregates
Filing of Party/Counsel Recording by
Marked
Complaint/Petition Tags Case As the Clerk in
Mediatable
Mediatable Charge of
Cases
Civil Cases

Screening & Issuance of


Docketing Marks As Summons by
Mediatable the Branch
Clerk of
Court
Payment of all Pre-trial Judge
fees at cashier Orders the
including Return of referral to CAM
Mediation fees Summons (if Mediatable)
if it FAILS,
Judge conducts
Answers/Pleadings/ JDR
Raffling Motions

Submission of
Notice of Pre-trial Pre-trial Briefs
Flowchart of a CRIMINAL CASE from filing to referral to PMC for CAM & JDR

Office of the Clerk of Court Branch

Receipt:
Segregates
Filing of Prosecution Recording by the
Marked
Complaint/ Tags Case As Clerk in Charge of
Mediatable
Information Mediatable Criminal Cases
Cases

Issuance of W/A
Screening & thru Court Order
Docketing Marks As by the Judge & for
Mediatable payment of fees

Private complainant
pays fees if civil
aspect deemed Pre-trial
instituted w/ crim. Judge Orders
case the referral to
CAM (if
Raffling Mediatable) if
If arraigned, it FAILS,
issue Notice of Judge
Pre-trial conducts JDR
How long
should CAM
be
(PERIOD)?
DURATION OF MEDIATION
(A.M. No. 11-1-6-SC-PHILJA, Part Two, Court-Annexed
Mediation [CAM], Duration of Mediation in the PMC)

30 days to complete mediation process


computed from date when parties first appeared
for initial conference as stated in the Court order
to appear
Extension for another 30 days may be
GRANTED BY THE COURT
1) upon motion filed by Mediator; and

2) with parties conformity

MAXIMUM OF SIXTY (60) DAYS


What
happens in
CAM?
FLOWCHART ON MEDIATION PROCESS
Order of Referral (To Appear before the PMCU)

Parties choose Mediator; if no agreement, the PMC Unit staff chooses


by lot from Mediators inside PMCU

MEDIATOR CONDUCTS ORIENTATON


and MEDIATION (initial conference may be reset 5 days)

SETTLED NOT SETTLED

Compromise Agreement Mediator's Report


and Mediators Report submitted submitted
to Referring Court to Referring Court

Referring Court issues Order


Referring Court
or Judgment based on the
Continues with the Case
Compromise Agreement
DISTINCTIVE FEATURES OF THE
COURT-ANNEXED MEDIATION

Compromise agreement entered


into by parties should be
submitted to the Court for
approval and decision is
rendered by the Court based
on the compromise agreement
of the parties.
DISTINCTIVE FEATURES OF THE
COURT-ANNEXED MEDIATION

A judgment rendered based on


the compromise agreement is
immediately final and
executory (Limpo vs. CA et al.,
G.R. No. 144732, February 13,
2006, 482 SCRA 333).
PROCEDURE AFTER SETTLEMENT
IS REACHED BY THE PARTIES

MEDIATOR SHALL FURNISH THE COURT:

1. MEDIATORS REPORT
2. COMPROMISE AGREEMENT
3. WITHDRAWAL OF COMPLAINT &
COUNTERCLAIM
4. SATISFACTION OF THE CLAIM
If period of
payment
exceeds one (1)
year, what
happens?
PROCEDURE AFTER A SETTLEMENT
IS REACHED BY THE PARTIES
ARCHIVING IN CRIMINAL CASES

Where settlement on the civil aspect has


been reached but the period of payment
in accordance with the terms of
settlement exceeds one (1) year, the case
may be archived upon 1) motion of the
prosecution, 2) with notice to the private
complainant and 3) approval by the
judge. [A.M. No. 11-1-6-SC-PHILJA Part
3 (IX, 2nd par.)]
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, IX on Duration of
JDR proceedings)

DURATION OF JDR PROCEEDINGS


(ARCHIVING OF CASES)
Criminal Cases covered by CAM & JDR where civil aspect is
settled but period of payment EXCEEDS 1 year, case may be
ARCHIVED
REQUISITES FOR ARCHIVING
1) upon motion of prosecution,
2) with notice to private complainant, and
3) approval by judge
What if parties do not
appear for CAM or if
parties engage in
abusive conduct before
CAM mediator, any
consequence
(Sanctions)?
CAM being part of Pre-trial, apply
sanctions thereof for non-
appearance of parties (dismiss
case for non-appearance of
plaintiff, or allow plaintiff to
present evidence ex-parte for
non-appearance of defendant)
or improper authority.
DISTINCTIVE FEATURES OF THE
COURT-ANNEXED MEDIATION

THE COURTS APPROVAL OF THE CHOICE OF


MEDIATOR ELEVATES THE STATUS OF THE
MEDIATOR AS AN OFFICER OF THE COURT
[N.B. Mediator may recommend imposition of
sanctions on party who fails to appear before
PMC or who engages in abusive conduct; may
include censure, reprimand, contempt, &
requiring absent party to reimburse the
appearing party his costs, including attorneys
fees for that day up to treble such costs,
payable on or before the date of the re-
scheduled setting - (A.M. No. 11-1-6-SC-
PHILJA) Part 2 on Sanctions)]
SANCTIONS
(A.M. No. 11-1-6-SC-PHILJA, Part Two, Court-Annexed
Mediation [CAM], Sanctions)

COURT imposes sanctions upon Mediators


recommendation or upon referring judges own initiative
or upon motion of interested party
Grounds for sanctions:
1) failure of party to appear before PMCU despite directive from the
Judge/Court;
2) any person who engages in abusive conduct during mediation
(Rules of Court on Pre-trial)
Sanctions (not limited to the following):
1) censure,
2) reprimand,
3) contempt
4) require absent party to reimburse appearing party his costs,
including attorneys fees for that day up to treble such costs,
payable on or before date of re-scheduled setting.
SANCTIONS
(A.M. No. 11-1-6-SC-PHILJA, Part Two, Court-Annexed
Mediation [CAM], Sanctions)

If with justifiable cause proved


during hearing on motion for
reconsideration filed by absent
party and concurred by the
concerned Mediator, the sanctions
may be lifted at sound discretion
of referring judge.
CAM JDR
If parties DO NOT SETTLE
in CAM, judge conducts
JDR Judicial Dispute
Resolution.
Where is JDR
conducted
(place)?
JDR conducted at Court
(preferably chambers,
conference room to
ensure confidentiality). If
JDR is conducted by a
judge from another court
(place), JDR is conducted
where the case is
originally filed.
COMMON PROVISIONS FOR CAM & JDR
(A. M. No. 11-1-6-SC-PHILJA, Part Four Provisions Common to
both CAM & JDR, I on Confidentiality)

CONFIDENTIALITY any and all matters discussed


or communications made, including requests for mediation,
documents presented during mediation at CAM & JDR, is
privileged & confidential, and shall be inadmissible as
evidence for any purpose in any other proceedings.
However, evidence or information otherwise admissible does
not become inadmissible solely by reason of its use in
mediation.
JDR Judge, all court personnel or any person present during
such proceedings shall not pass information obtained in
JDR to trial judge or any other person. All JDR conferences
conducted in private.
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts)

RULE 2
SINGLE-SALA COURTS
case filed at proper court
JDR conducted by pair court judge, if any, otherwise,
by nearest court judge determined by Exec. Judge.
However, before JDR, parties may file joint written
motion requesting that court of origin conducts JDR
and trial.
(N.B. JDR conducted at station where case originally
filed. JDR results referred to court of origin for
appropriate action, e.g. approval of compromise
agreement, trial, etc.)
How is JDR
conducted
(roles)?
NEW ROLE OF JUDGES IN JDR
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, II on Procedure)

TWO-JUDGE SYSTEM
(TWO STAGES IN JUDICIAL PROCEEDINGS )

JDR JUDGE - handles case from filing of complaint to


CAM and JDR during pre-trial stage (N.B. All incidents or
motions filed during the first stage shall be dealt with by the JDR
judge. If JDR is not conducted because of parties failure to
appear, JDR judge may impose appropriate sanctions & shall
continue with the proceedings of the case.)

TRIAL JUDGE - presides over pre-trial proper, trial,


and renders decision
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, II on Procedure)

PROCEDURE
Initial stage of pre-trial conference
1) JDR Judge briefs parties and counsels of CAM & JDR
processes
2) JDR judge issues Order of Referral of case to CAM &
directs parties & counsels to proceed to PMCU
bringing w/ them copy of Order of Referral
3) In Order of Referral or in another Order, Judge
includes pre-setting of case for JDR not earlier
than 45 days from time parties first personally
appear at PMCU
NEW ROLE OF JUDGES IN JDR
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, II on Procedure)

Judge as a MEDIATOR;

Judge as a CONCILIATOR;

Judge as a NEUTRAL EVALUATOR;

COMBINATION of any of the


above
NEW ROLE OF JUDGES IN JDR
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, II on Procedure)

MEDIATOR & CONCILIATOR - Judge


facilitates the settlement discussions
between parties and tries to reconcile their
differences

NEUTRAL EVALUATOR - Judge assesses the


relative strengths and weaknesses of each
partys case and makes a non-binding and
impartial evaluation of the chances of each
partys success in the case
NEW ROLE OF JUDGES IN JDR
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, II on Procedure)

GENERAL RULE
JDR judge shall not preside
over the trial of the case
when parties did not settle
their dispute at JDR
NEW ROLE OF JUDGES IN JDR
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, II on Procedure)

EXCEPTION
Parties file a Joint Written
Motion requesting JDR
judge to continue with the
trial of the case.
May parties be
represented
during CAM or
JDR
(SPA, Bd. Reso.)?
AUTHORITY TO SETTLE
(A.M. No. 11-1-6-SC-PHILJA, Part Two, Court-Annexed Mediation
[CAM], Procedure)

PARTY PARTICIPATION
Individual party litigants personal attendance or
duly authorized representatives (written) who are
FULLY EMPOWERED to offer, negotiate, accept, decide
and enter into compromise without need of further
approval/notification to authorizing party
Corporate party litigants representatives must be
senior management officials with written authority
from the Board of Directors to offer, negotiate, accept,
decide and enter into compromise without need of
further approval/notification to authorizing party
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, VI on Party
Participation)

PARTY PARTICIPATION
Individual party litigants personal attendance or
duly authorized representatives (written) who are
FULLY EMPOWERED to offer, negotiate, accept, decide
and enter into compromise without need of further
approval/notification to authorizing party
Corporate party litigants representatives must be
senior management officials with written authority
from the Board of Directors to offer, negotiate, accept,
decide and enter into compromise without need of
further approval/notification to authorizing party
How long
should judge
conduct JDR
(PERIOD)?
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, IX on Duration of
JDR proceedings)

DURATION OF JDR PROCEEDINGS


First level Courts 30 days
Second level Courts 60 days
Both periods may be extended upon judicial discretion
REQUISITES FOR EXTENSION
1) high probability of settlement; and
2) upon joint written motion of parties
Computation of periods from first appearance of parties for
JDR
Schedule of JDR conferences set not more than 2 weeks
apart
Please illustrate
case flow of
civil cases in
MULTI-SALA
jurisdictions.
Flowchart of JDR Process for CIVIL CASES
Clerk of Court Trial Judge
Judge conducts JDR by acting as
mediator, conciliator and early Pre-trial
neutral evaluator CoC re-raffles
proper, trial &
the case
judgment by
No the trial judge
Settled ? CoC records
BCoC SENDS referral to
Yes
case BACK to trial judge
CoC

Satisfaction Compromise Withdrawal of


of Claim Agreement Complaint/
(Order of (Judgment) Counterclaim
Dismissal) (Approval)
Please illustrate
case flow of
criminal cases in
MULTI-SALA
jurisdictions.
Flowchart of JDR Process for CRIMINAL CASES
JDR Judge Clerk of Court Trial Judge

Judge conducts JDR Case is Re-raffled Conducts Pre-trial


Proper

Settled ? Trial
CoC records/sends
Referral to Trial
Judge
Yes No
Judgment
BCoC sends case back
to CoC for Re-raffle

1. Judge approves the Compromise Agreement as to


the civil aspect only; then
2. Sets case for continuation of pre-trial insofar as
criminal aspect is concerned.

On continuation pre-trial, Public Prosecutor will move


for dismissal/archiving of criminal case

Case Dismissed/Archived by JDR judge


Please illustrate case
flow of special cases
(Commercial, Family,
Environment, Small
claims) in MULTI-SALA
jurisdictions.
Flowchart for SINGLE Special Court (CAM & JDR)
(Commercial Cases, Intellectual Property Cases and Family Cases)
Office of the Clerk of Court Notice of Pre-trial Yes
(Incidents raised to
be ruled upon by
Party/Counsel Informs OCC
Special Court)
Tags Case As (docketing
Filing of Mediatable purposes) and
Complaint/Petition Submission of
returns case to
Pre-trial Briefs
Special Court for
Docketing Screening & appropriate action
Marks As Special Court Judge such as satisfaction
Mediatable Orders the referral to of claim (Order of
Payment of all CAM (if Mediatable) Dismissal,
fees at cashier and if CAM fails, case Compromise
including referred back to Agreement
Mediation fees Answers/Pleadings/
Motions Special Court (Judgment) and
Withdrawal of
Branch Complaint/
Special Court refers case to
OCC (docketing purposes) Counterclaim
Return of
for re-raffling to other (Approval)
Summons
Receipt: branch for JDR
Recording by Informs OCC
the Clerk in (docketing
Issuance of Another Judge conducts JDR
Charge of purposes) and
Summons by
Cases returns case to
Branch Clerk
Special Court for
of Court
Settled? No pre-trial proper,
trial and decision
Flowchart for Two or more Designated Special Courts (CAM & JDR)
(Commercial Cases, Intellectual Property Cases and Family Cases)
Office of the Clerk of Court Yes
Notice of Pre-
trial
Issue satisfaction
Party/Counsel of claim (Order of
Filing of Tags Case As Dismissal,
Complaint/Petition Mediatable Submission of
Compromise
Pre-trial Briefs
Agreement
Docketing Screening & (Judgment) and
Marks As Pre-trial Judge Withdrawal of
Mediatable orders the referral to Complaint/
Payment of all CAM (if Mediatable) Counterclaim
fees at cashier and if CAM fails, case (Approval)
including referred back to
Mediation fees Answers/Pleadings/
Motions Special Court

Branch
Special Court conducts JDR
Return of
Summons
Receipt: Informs OCC for
Recording by Settled? docketing and
the Clerk in refers case to
Issuance of
Charge of another Special
Summons by
Cases Court for pre-trial
Branch Clerk of
proper, trial and
Court
No decision
Flowchart for Environmental Court (CAM & JDR)

Yes
Office of the Clerk of Notice of Pre-trial
Court
Party/Counsel Issue satisfaction
Tags Case As Submission of of claim (Order of
Filing of Mediatable Pre-trial Briefs Dismissal,
Complaint/Petition Compromise
Pre-trial Judge Agreement
Docketing Screening & Orders the referral to (Judgment) and
Marks As CAM (if Mediatable) Withdrawal of
Mediatable and if CAM fails, case Complaint/
Payment of all Counterclaim
fees at cashier referred back to
Answers/Pleadings/ Environmental Court (Approval)
including
Mediation fees Motions (Court acts on
TEPO Application)
Branch Environmental Court
conducts Mediation
Return of
Summons
Receipt:
Recording by
the Clerk in Issuance of
Summons by the Settled?
Charge of
Cases Branch Clerk of
Continuation of
Court No pre-trial proper,
trial & decision.
JUDICIAL DISPUTE RESOLUTION
[A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts
in relation to A. M. No. 09-6-8-C (APRIL 29, 2010) on RULES OF
PROCEDURE FOR ENVIRONMENTAL CASES]
ENVIRONMENTAL CASES
RULE 3 (Pre-Trial)
[A. M. No. 09-6-8-C (APRIL 29, 2010) on RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES]

Section 3 (Referral to Mediation) case referred for CAM. If


CAM not available, court refers case to clerk of court or legal
researcher for mediation.
Section 4 (Preliminary conference) branch clerk of court
for mediation
Section 5 (Pre-trial conference; consent decree) JDR
conducted by environmental court judge
JUDICIAL DISPUTE RESOLUTION
[A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts
in relation to A. M. No. 09-6-8-C (APRIL 29, 2010) on RULES OF
PROCEDURE FOR ENVIRONMENTAL CASES]
ENVIRONMENTAL CASES
RULE 3 (Pre-Trial)
[A. M. No. 09-6-8-C (APRIL 29, 2010) on RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES]
Section 6 (Failure to settle) judge encourages referral of
case to trial by commissioner (Rule 32) or to mediator or
arbitrator
Section 10 (Efforts to settle) judge endeavours parties to
agree to compromise or settle in accordance with law at any
stage of the proceedings before rendition of judgment.
N.B. Environmental court judge conducts mediation and
trial.
Flowchart for Small Claims (CAM & JDR)

Office of the Clerk of If no Response and does not If no response but defendant appears
Court appear during hearing, court during hearing, Court ascertains
renders judgment. defendant's defense & hears, mediates
& adjudicates case on same day as if
Response was filed
Filing of statement of
claim (affidavits & other If Response filed,
evidence Judge conducts JDR
during scheduled
Issue satisfaction
hearing
Docketing Verified Response of claim (Order of
w/ evidence Dismissal,
Payment of all (Counterclaim Compromise
fees at cashier allowed w/in Agreement
including Courts Jurisdiction) (Judgment) and
Mediation fees Withdrawal of
Settled? Yes Complaint/
Return of Counterclaim
Branch Summons Judge conducts
No (Approval)
hearing *
Receipt:
Recording by the Court may dismiss case OR Branch Clerk of Court issues
Clerk in Charge of summons to defendant to submit Verified Response & notice
Cases for date of hearing
*N.B. In Small Claims the parties may file a motion praying that the Trial be conducted by
another Judge by referring the case to Executive Judge and the new Judge hears and
decides case within five (5) working days from receipt of Order /reassignment . Decision is
final and unappealable.
JUDICIAL DISPUTE RESOLUTION
[A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts
in relation to A.M. No. 08-8-7-SC (October 27, 2009) on RULES
OF PROCEDURE FOR SMALL CLAIMS CASES AS AMENDED]
SMALL CLAIMS CASES (Php100,000.00)
SEC. 21. Hearing - judge conducts JDR
Sec. 22. Failure of Settlement - If settlement fails, judge hears &
terminates case in one (1) day.
Either party may move in writing to have another judge hear &
decide case. Referral of case for reassignment by original judge to
Executive Judge made within same day motion is filed and granted.
Executive Judge refers case to designated judge within the same
day of referral. The new judge shall hear and decide the case within
five (5) working days from receipt of order of reassignment.
N.B. Small Claims Court Judge conducts mediation & trial (w/
option for another judge to conduct trial).
How about cases
with
application for
TRO/Prelim
Injunction?
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts)

RULE 1
MULTI-SALA COURTS
raffle case - first branch handles case until JDR
if case not resolved in JDR -- raffle to another
branch for PRE-TRIAL PROPER to judgment
(N.B. Cases with TRO/Prelim. Inj., judge where case
first raffled rules on TRO/Prelim. Inj. During pre-trial,
judge refers case to CAM. If no settlement at CAM,
case raffled to another branch for JDR. If no
settlement at JDR, case returns to branch that ruled on
TRO/Prelim. Inj. for pre-trial proper to judgment.)
Flowchart for Cases with TRO/Prelim. Injunction
application
Office of the Clerk of Court Notice of Pre-trial Yes
(Incidents raised to
be ruled upon by TRO
Party/Counsel Satisfaction of
Court)
Tags Case As claim - Order of
Filing of Mediatable Dismissal,
Complaint/Petition Submission of
Compromise
Pre-trial Briefs
Agreement
Docketing Screening & Judgment, or
Marks As TRO Court Judge Withdrawal of
Mediatable Orders the referral to Complaint/
Payment of all CAM (if Mediatable) Counterclaim
fees at cashier and if CAM fails, case
including Answers/Pleadings referred back to TRO
Mediation fees /Motions Court

Branch w/
summons issued TRO Court refers case to
& return OCC (docketing purposes)
for re-raffling to other
branch for JDR
Informs OCC
Receipt: (docketing
Recording Court hears Another Judge conducts JDR
purposes) and
by the Clerk and rules on
returns case to TRO
in Charge of TRO
Court for pre-trial
Cases Settled? No proper, trial and
decision
What is the
procedure in
SINGLE SALA
jurisdictions?
Flowchart for SINGLE Sala Court (CAM & JDR)

Yes

Notice of Pre-trial
Party/Counsel Return case to
Tags Case As Originating Court
Filing of Mediatable for appropriate
Complaint/Petition Submission of
action such as
Pre-trial Briefs
satisfaction of
Docketing Screening & claim (Order of
Marks As Judge Orders referral Dismissal,
Mediatable to CAM (if Compromise
Payment of all Mediatable) and if Agreement
fees at cashier CAM fails, case (Judgment) and
including referred to nearest Withdrawal of
Answers/Pleadings/
Mediation fees Court regardless of Complaint/
and Recording Motions level for JDR Counterclaim
by the Clerk in (Approval)
Charge of
Cases Return of JDR Court conducts
Summons JDR

Issuance of Returns case to


Summons by Settled? Originating Court
Branch Clerk for pre-trial proper,
of Court trial and decision
No
Who rules on
incidents or
motions filed at
the first stage?
NEW ROLE OF JUDGES IN JDR
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, II on Procedure)

TWO-JUDGE SYSTEM
(TWO STAGES IN JUDICIAL PROCEEDINGS )

JDR JUDGE - handles case from filing of complaint to


CAM and JDR during pre-trial stage (N.B. All incidents or
motions filed during the first stage shall be dealt with by the JDR
judge. If JDR is not conducted because of parties failure to
appear, JDR judge may impose appropriate sanctions & shall
continue with the proceedings of the case.)

TRIAL JUDGE - presides over pre-trial proper, trial,


and renders decision
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts)

RULE 4
COMMERCIAL & INTELLECTUAL PROPERTY COURTS
Before JDR, parties may file joint written motion
requesting special court, where case filed, to conduct
JDR & trial.
Where only one special court, JDR to be conducted by
another branch through raffle. If no settlement,
special court judge conducts pre-trial proper and trial.
N.B. Any incident or motion filed before pre-trial stage
shall be dealt with by special court judge who shall
refer case to CAM.
May the JDR
judge be also
the TRIAL judge
in Multi-sala?
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts)

RULE 3
FAMILY COURTS Before JDR, parties may file joint
written motion requesting family court, where case
originally raffled, to conduct JDR & trial.
Where only one family court, JDR to be conducted by
another branch through raffle. If there is another
family court in same area, JDR conducted by family
court where case originally raffled & if no settlement,
the other family court shall conduct pre-trial proper
and trial. N.B. If principal case is non-mediatable like
annulment of marriage, other issues like custody of children,
support, visitation, property relations and guardianship may be
referred to CAM & JDR to limit issues for trial.
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts)

RULE 4
COMMERCIAL & INTELLECTUAL PROPERTY COURTS
Before JDR, parties may file joint written motion
requesting special court, where case filed, to conduct
JDR & trial.
Where only one special court, JDR to be conducted by
another branch through raffle. If no settlement,
special court judge conducts pre-trial proper and trial.
N.B. Any incident or motion filed before pre-trial stage
shall be dealt with by special court judge who shall
refer case to CAM.
May the TRIAL
judge be also
the JDR judge
in Single sala?
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, IV on JDR During
Trial)

JDR DURING TRIAL


Single sala - JDR conducted by pair court, if any, or
nearest court regardless of level. JDR results referred
to court of origin for appropriate action, e.g. approval
of compromise agreement, trial.
N.B. Parties may, by joint written motion, file request
that case be not transferred to other courts for JDR
and they agree to have trial judge continue trial should
case not settle through JDR.
How about the
LAWYERS, what
are their duties
and obligations
during CAM & JDR?
COMMON PROVISIONS FOR CAM & JDR
(A. M. No. 11-1-6-SC-PHILJA, Part Four Provisions Common to
both CAM & JDR, II on Role of Lawyers in CAM & JDR
Proceedings)

LAWYERS may attend mediation as


adviser/consultant to clients (not combative
role and give up dominant role in trials); less
directive role to allow parties to craft own
agreement
FUNCTIONS:
1) Help clients comprehend mediation & its
benefits and allow clients greater personal
responsibility in making decisions for
success of mediation in resolving dispute
COMMON PROVISIONS FOR CAM & JDR
(A. M. No. 11-1-6-SC-PHILJA, Part Four Provisions Common to
both CAM & JDR, II on Role of Lawyers in CAM & JDR
Proceedings)

FUNCTIONS:
2) Discuss with clients
a. substantive issues in dispute
b. prioritization of resolution in terms of importance to
client
c. understand position of other party & underlying fears,
concerns & needs underneath position
d. need for more information/facts gathered/exchanged
from other party for informed decision making
e. possible bargaining options but stressing need to be
open-minded about other possibilities
f. best, worst & most likely alternatives to negotiated
agreement (BATNA, WATNA, MLATNA)
COMMON PROVISIONS FOR CAM & JDR
(A. M. No. 11-1-6-SC-PHILJA, Part Four Provisions Common to
both CAM & JDR, II on Role of Lawyers in CAM & JDR
Proceedings)

FUNCTIONS:
3) Assist in compromise agreement preparation (not
contrary to law, morals, good customs, public
order or public policy) for Courts approval, paying
attention to voluntary compliance with terms &
issues of enforcement in case of breach

4) Assist in preparation of manifestation of


satisfaction of claims & mutual withdrawal of
complaint & counterclaim as basis for Courts
dismissal of case
How about the
Judicial Affidavit
Rule (JAR), any
impact on the
JDR Process?
JUDICIAL AFFIDAVITS
A.M. No. 12-8-8-SC Judicial Affidavit Rule
(effective January 1, 2013)

Section 2. Submission of Judicial Affidavits and


Exhibits in lieu of direct testimonies - Parties shall file
with Court and serve on adverse party, not later than
five days BEFORE pre-trial or preliminary conference
or the scheduled hearing with respect to motions
and incidents, the following:
1) Judicial affidavits of witnesses w/c shall take
the place of direct testimonies; and
2) Parties documentary or object evidence to be
attached to the judicial affidavits...
Aside from the
Pre-trial stage,
may JDR be
conducted at any
other stage?
Flowchart of Ordinary Cases undergoing
Trial for JDR in Multi-Sala
Requirement: Upon written motion of one or
both parties indicating willingness to discuss
possible compromise
Trial Court refers case to OCC
for docketing & re-raffling to
another branch for JDR

Another Court conducts JDR


Case referred to OCC for docketing
and returned to Original/ referring
Yes Settled ? No Court for continuation of trial and
decision.

Satisfaction Compromise Withdrawal of


of Claim Agreement Complaint/
(Order of (Judgment) Counterclaim
Dismissal) (Approval)
Flowchart of Special Cases Undergoing Trial
for JDR in Multi-Sala
Requirement: Upon written motion of one
or both parties indicating willingness to
discuss possible compromise
Trial Court refers case to OCC JDR Judge returns case back to
for docketing & re-raffling to Special Court for continuation
another branch for JDR of trial and decision.

Another Court conducts JDR


JDR Judge returns case to Special Court for
appropriate action such as approval of the
Settled? Compromise Agreement (Judgment),
Satisfaction of Claim (Order of Dismissal)
Yes No and Withdrawal of Complaint/ Counterclaim
(Approval) .
Flowchart of Cases Undergoing Trial for JDR
in Single Sala
Requirement: Upon written motion of one
or both parties indicating willingness to
discuss possible compromise
Trial Court refers case to JDR Judge returns case back to
nearest Court, regardless of Trial Court for continuation of
level, for JDR trial and decision.

Another Court conducts JDR


JDR Judge returns case to Originating/Trial
Court for appropriate action such as
Settled? approval of the Compromise Agreement
(Judgment),Satisfaction of Claim (Order of
Yes No Dismissal) and Withdrawal of Complaint/
Counterclaim (Approval) .
Flowchart of Appealed Civil Cases
from First Level Courts to RTC in
Multi-Sala
Appellant Memo filed in RTC as Appellate Court,
period to file Appellees Memo expires, RTC issues
notices to parties for JDR on Appeal

RTC Appellate Court conducts JDR


Case referred to OCC for docketing
and re-raffling to another branch for
Yes Settled ? No
decision on the appealed case.

*JDR RTC Appellate


Satisfaction Compromise Court may render
of Claim Agreement decision on appealed
(Order of (Judgment) case by joint written
Dismissal) motion of parties
JDR FOR APPEALED CASES TO RTC
(A. O. No. 28-2009 [March 2, 2009] Guidelines to Implement
Mediation in RTC Acting as Appellate Courts in Appeals from First
Level Courts)

PROCEDURE:
1) After receipt of Memorandum on appeal filed by appellant
and lapse of period for filing appellees brief, RTC Judge
issues Order calling parties to appear before him for JDR of
case on appeal.
2) Judge conducts JDR & if parties settle, compromise
agreement is submitted for Courts action.
3) If parties do not settle during JDR, case turned over to
new judge through raffle to render decision on merits unless
parties file joint written motion requesting judge that
conducted JDR shall render judgment on case on appeal.
JDR FOR APPEALED CASES TO RTC
(A. O. No. 28-2009 [March 2, 2009] Guidelines to Implement
Mediation in RTC Acting as Appellate Courts in Appeals from First
Level Courts)

PROCEDURE:
4) Where RTC judge affirms on appeal order of First Level
Court dismissing case for lack of jurisdiction, RTC judge
instead of trying the case on merits based on first paragraph
of Sec. 8, Rule 40 of Rules of Court shall order parties to
appear before him for JDR.
5) In cases where First Level Court decided case on merit
without jurisdiction, RTC judge shall not dismiss case but
instead conduct JDR.
Duration of JDR on Appeal 60 days that may be extended for
another 30 days upon joint motion of parties ~0~
What happens if
parties settle
or do not settle
in JDR?
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, VII on
Judgments/Decisions in JDR and X on Suspension of Periods)

JUDGMENT/DECISIONS IN JDR &


SUSPENSION OF PERIODS
JDR Judgments/Decisions indicate in
Judgments/Decisions that case settled at JDR
(documentation purposes)
Suspension of periods period of JDR
proceedings excluded from regular &
mandatory periods for trial and rendition of
judgment & cases under summary proceedings
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, XI on Settlement )

SETTLEMENT
A. CIVIL CASES

Full settlement submit Compromise Agreement


for Courts action

Full compliance with compromise submit


satisfaction of claims or mutual withdrawal of
claims and counterclaims (Court dismisses case)
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, XI on Settlement )

SETTLEMENT
A. CIVIL CASES
Partial settlement submit terms for Courts
action (judgment on partial compromise,
enforced by execution w/out waiting for
resolution of unsettled part);
Court proceeds to trial if parties file motion for
him to do so; otherwise, JDR judge turns over
case to new judge by re-raffle in multi-sala or
originating court in single sala for pre-trial
proper & trial
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, XI on Settlement )

SETTLEMENT
B. CRIMINAL CASES
1) Civil aspect submit compromise agreement for
Courts action
2) Criminal aspect determined by Public
Prosecutor subject to Courts action
NO SETTLEMENT ON CIVIL ASPECT JDR judge tries
case on merits if parties file joint written motion for
him to do so; otherwise, case turned over to new
judge by re-raffle in multi-sala or originating court
in single sala for pre-trial proper & trial
JUDICIAL DISPUTE RESOLUTION
(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, XII on Pre-trial
Proper & XIII on Trial and Judgment)

PRE-TRIAL PROPER, TRIAL & JUDGMENT


NO SETTLEMENT OR PARTIAL SETTLEMENT if
no joint written motion from parties for JDR
judge to try & decide case, JDR judge turns
over case to new judge by re-raffle in multi-
sala or originating court in single sala for
pre-trial proper (Rules 18 & 118 of Rules of
Court) & trial
TRIAL & JUDGMENT
For mediatable civil
cases on Appeal
with RTC, are
these referred to
CAM?
For mediatable civil
cases on Appeal
with RTC, these
should not be
referred to CAM.
Any special
message for
our would be
JDR judges?
RAISON DETRE FOR
ADR
Our courts have become bitter if not bloody
battle ground; as avenues where litigants engage
in high cost combats, as arenas where the truth is
often blurred by procedural technicalities where
at the end of the day not infrequently comes too
late and too little

Chief Justice Reynato Puno


WORLD NEW TRENDS

Out adversarial, In ADR

ADR - an innovative tool to de-clog court


dockets that empowers party-litigants
SAMPLE
ORDERS