Liwanag Cam & Jdr Rules for Jdr

CAM & JDR ADMINISTRATIVE RULES

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 RICO SEBASTIAN D. LIWANAG (adopted from the presentation of

Judge AQUINO-SIMBULAN)

OUTLINE

a. Cases referred to CAM & JDR b. Flowcharts (Civil Case,

Criminal Case, Mediation Process)

c. Duration of Mediationd. Suspension of Periods

OUTLINE

e. Sanctionsf. Authority of Partiesg. Judicial Dispute Resolutionh. Common Provisions (CAM

& JDR)

OUTLINEJdr Provisions

1. General Provisions2. Environmental Courts3. Small Claims Courts4. JDR during trial5. Settlement Period6. Party participation7. Sanctions8. JDR Duration9. Settlement10. Jdr on Appeal

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’

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 JDR – Judicial Dispute Resolution ACM – Appellate Court Mediation

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;



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;



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.



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) 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]



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, (SIMPLE) theft and libel;



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;



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;



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



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.



EXAMPLESALL CIVIL CASES – 1) Settlement of estates 2) Collection cases;3) Enforcement / breach of contracts;4) Relationship between stockholders in a corporation or partners;



EXAMPLESALL CIVIL CASES –

5) Real estate and property disputes;

6) Lease contract disputes;7) Insurance coverage disputes;8) Franchise agreements;



EXAMPLESALL CIVIL CASES –

9) Professional liabilities;10) Copyright/trademark disputes;11) Intra-organizational disputes;12) Disputes between family members

in a family business; and13) Property damage or physical

injuries due to criminal negligence.



CASES NOT REFERRED TO CAM1) 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



CASES NOT REFERRED TO CAM2) 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;



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



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.

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


PROCEDUREInitial 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

Flowchart of CIVIL CASE from filing to referral to PMC for CAM & JDR

Filing of Complaint/Petition

Docketing

Payment of all fees at cashier

including Mediation fees

Raffling

Receipt: Recording by the Clerk in Charge of Civil Cases

Issuance of Summons by the Branch

Clerk of Court

Return of Summons

Answers/Pleadings/Motions

Notice of Pre-trialSubmission of Pre-trial Briefs

Pre-trial Judge Orders the

referral to CAM (if Mediatable)

if it FAILS, Judge conducts

JDR

Screening & Marks As

Mediatable

Segregates Marked

Mediatable Cases

Party/Counsel Tags Case As Mediatable

BranchOffice of the Clerk of Court

JUDICIAL AFFIDAVITSA.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...

Flowchart of a CRIMINAL CASE from filing to referral to PMC for CAM & JDR

Filing of Complaint/ Information

Docketing

Raffling

Receipt: Recording by the Clerk in Charge of

Criminal Cases

Issuance of W/A thru Court Order

by the Judge & for payment of fees

Private complainant pays fees if civil aspect deemed

instituted w/ crim. case

If arraigned, issue Notice of

Pre-trial

Pre-trial Judge Orders the referral to

CAM (if Mediatable) if

it FAILS, Judge

conducts JDR


Mediatable

Segregates Marked

Mediatable Cases

Prosecution Tags Case As Mediatable

BranchOffice of the Clerk of Court

AUTHORITY TO SETTLE (A.M. No. 11-1-6-SC-PHILJA, Part Two, Court-Annexed Mediation

[CAM], Procedure)

PARTY PARTICIPATIONIndividual 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

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

SUSPENSION OF PERIODS (A.M. No. 11-1-6-SC-PHILJA, Part Two, Court-

Annexed Mediation [CAM], Suspension of Periods)

Mediation period excluded from regular & mandatory periods for trial & rendition of judgment in ordinary cases & in cases under summary proceedings

DISTINCTIVE FEATURES OF THE COURT-ANNEXED

MEDIATIONTHE COURT’S 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 attorney’s 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 Mediator’s recommendation or upon referring judge’s 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 attorney’s 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.

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 PARTIESMEDIATOR SHALL FURNISH THE

COURT:

1. MEDIATOR’S REPORT2. COMPROMISE AGREEMENT3. WITHDRAWAL OF COMPLAINT &

COUNTERCLAIM4. SATISFACTION OF THE CLAIM

PROCEDURE AFTER A SETTLEMENT IS REACHED BY THE PARTIES – ARCHIVING IN

CRIMINAL CASESWhere 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.)]

PROCEDURE WHEN MEDIATION TERMINATES WITHOUT A

SETTLEMENT

MEDIATOR SHALL SUBMIT TO THE COURT A MEDIATOR’S REPORT STATING FAILED MEDIATION

PARTIES NOT SETTLE AT CAM (Case returned to Court)

IF JDR EXISTS IN SITES – proceed with JDR under A.M. No. 11-1-6-SC-PHILJA on the Consolidated and Revised Guidelines to Implement the Expanded Coverage of CAM & JDR (see Supreme Court Resolution dated August 10, 2004 exempting CAM and JDR sites from application of A.M. No. 03-1-09-SC Re: Guidelines to be Observed by Trial Court Judges and Clerks of Court in the conduct of Pre-trial and Use of Deposition-Discovery Measures)

CAM JDRIf parties DO NOT SETTLE in CAM, judge conducts JDR – Judicial Dispute Resolution.



Judge as a MEDIATOR;

Judge as a CONCILIATOR;

Judge as a NEUTRAL EVALUATOR;

COMBINATION of any of the above



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 party’s case and makes a non-binding and impartial evaluation of the chances of each party’s success in the case



GENERAL RULEJDR judge shall not preside over the trial of the case when parties did not settle their dispute at JDR


(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 of JDR Process for CIVIL CASES

Settled ?

CoC re-raffles the

case

CoC records

referral to trial judge

Judge conducts JDR by acting as mediator,

conciliator and early neutral evaluator

BCoC SENDS case BACK to

CoC

Satisfaction of Claim(Order of Dismissal)

Withdrawal of

Complaint/ Counterclai

m (Approval)

No

Yes

Pre-trial proper, trial & judgment by the trial

judge

* For courts with single sala, case transferred to nearest court for JDR regardless of level.

Compromise

Agreement (Judgment

)

Clerk of Court

Trial Judge

Flowchart of JDR Process for CRIMINAL CASES

NoYes

Judge conducts JDR

1. Judge approves the Compromise Agreement as to the civil aspect only; then2. Sets case for continuation of pre-trial insofar as criminal aspect is concerned.

BCoC sends case back to CoC for Re-

raffle

On continuation pre-trial, Public Prosecutor will move for dismissal/archiving of criminal case

Case Dismissed/Archived by JDR judge

Case is Re-raffled

CoC records/sends

Referral to Trial Judge

Settled ?

JDR Judge Clerk of Court

Trial Judge

Conducts Pre-trial Proper

Trial

Judgment

* For courts with single sala, case transferred to nearest court for JDR regardless of level.



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.)

Flowchart for SINGLE Sala Court (CAM & JDR)


Docketing


including Mediation fees and Recording by the Clerk in

Charge of Cases

Issuance of Summons by Branch Clerk

of Court

Return of Summons

Answers/Pleadings/

Motions

Notice of Pre-trial

Submission of Pre-trial Briefs

Judge Orders referral to CAM (if

Mediatable) and if CAM fails, case

referred to nearest Court regardless of

level for JDR


Mediatable


Settled?

No

Returns case to Originating Court

for pre-trial proper, trial and decision

Yes

Return case to Originating Court for appropriate action such as satisfaction of claim (Order of

Dismissal, Compromise Agreement

(Judgment) and Withdrawal of

Complaint/ Counterclaim

(Approval)JDR Court conducts

JDR



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.



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.

Flowchart for SINGLE Special Court (CAM & JDR)

(Commercial Cases, Intellectual Property Cases and Family Cases)


Docketing




Cases

Issuance of Summons by Branch Clerk

of Court

Return of Summons


Notice of Pre-trial (Incidents raised to be ruled upon by

Special Court)


Special Court Judge Orders the referral to CAM (if Mediatable)

and if CAM fails, case referred back to

Special Court


Mediatable


Branch

Office of the Clerk of Court

Special Court refers case to OCC (docketing purposes)

for re-raffling to other branch for JDR

Another Judge conducts JDR

Settled? No

Informs OCC (docketing

purposes) and returns case to

Special Court for pre-trial proper,

trial and decision

Yes

Informs OCC (docketing

purposes) and returns case to

Special Court for appropriate action

such as satisfaction of claim (Order of




(Approval)

Flowchart for Two or more Designated Special Courts (CAM & JDR)

(Commercial Cases, Intellectual Property Cases and Family Cases)


Docketing




Cases

Issuance of Summons by

Branch Clerk of Court

Return of Summons


Notice of Pre-trial


Pre-trial Judge orders the referral to CAM (if

Mediatable) and if CAM fails, case referred back to

Special Court


Mediatable


Branch


Special Court conducts JDR

Settled?

No

Informs OCC for docketing and refers case to

another Special Court for pre-trial proper, trial and

decision

Yes

Issue satisfaction of claim (Order of




(Approval)


[A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courtsin 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


[A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courtsin 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 Environmental Court (CAM & JDR)


Docketing




Cases

Issuance of Summons by the Branch Clerk of

Court

Return of Summons

Answers/Pleadings/

Motions (Court acts on TEPO Application)

Notice of Pre-trial


Pre-trial Judge Orders the referral to CAM (if

Mediatable) and if CAM fails, case referred back to

Environmental Court


Mediatable


Branch


Settled?

NoContinuation of pre-trial proper, trial & decision.

Yes





(Approval)

Environmental Court conducts Mediation


[A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courtsin 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 JDRSec. 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).

Flowchart for Small Claims (CAM & JDR)

Filing of statement of claim (affidavits & other

evidence

Docketing




Cases

Court may dismiss case OR Branch Clerk of Court issues summons to defendant to submit Verified Response & notice for date of hearing

Return of Summons

Verified Response w/ evidence

(Counterclaim allowed w/in

Court’s Jurisdiction)

If Response filed, Judge conducts JDR during scheduled

hearing

Branch


Settled?

No

Yes





(Approval)

*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.

If no Response and does not appear during hearing, court renders judgment.

Judge conducts hearing *

If no response but defendant appears during hearing, Court

ascertains defendant's defense & hears, mediates & adjudicates

case on same day as if Response was filed


(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, IV on JDR During Trial)

JDR DURING TRIAL CASES ON TRIAL STAGE – may be referred to JDR

REQUISITE: written motion of one or both parties indicating willingness to discuss possible compromise

If motion granted, trial is suspended.

Multiple sala - case referred for JDR conducted by another judge through raffle. If settlement reached at JDR, JDR judge takes appropriate action i.e. approval/disapproval of compromise agreement. If no settlement, case is returned to referring court for trial continuation.

Flowchart of Cases undergoing Trial for JDR For Multi-Sala

Settled ?

Satisfaction of Claim(Order of Dismissal)

Withdrawal of

Complaint/ Counterclai

m (Approval)

NoYes

Compromise

Agreement (Judgment)

Trial Court refers case to OCC for docketing & re-

raffling to another branch for JDR

Case referred to OCC for docketing and returned to Original/ referring Court for continuation of trial and decision.

Requirement: Upon written motion of one or both parties indicating willingness to discuss possible compromise

Another Court conducts JDR


(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, IV on JDR During Trial)

JDR DURING TRIALSingle 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.

Flowchart of Cases Undergoing Trial for JDR

(For Single Sala)

Another Court conducts JDR

Trial Court refers case to nearest Court, regardless of

level, for JDR

Settled?

JDR Judge returns case to Originating/Trial Court for appropriate action such as approval of the Compromise Agreement (Judgment),Satisfaction of Claim (Order of Dismissal) and Withdrawal of Complaint/ Counterclaim (Approval) .

Requirement: Upon written motion of one or both parties indicating willingness to discuss possible compromise

JDR Judge returns case back to Trial Court for continuation of trial and decision.

Yes No


(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, V on Settlement Period)

SETTLEMENT PERIODSettlement period declared by Supreme Court includes JDR – half of all cases referred to mediation shall be for JDR with procedure similar to JDR during trial but no written motion required from parties


(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, VI on Party Participation)

PARTY PARTICIPATIONIndividual 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


(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, VI on Party Participation and VIII on Sanctions)

NON-APPEARANCE OF PARTY OR IMPROPER REPRESENTATIVE FOR JDR

Non-appearance of party or representative who appears without required authorization by special power of attorney (individual) or board resolution (corporation) - may be sanctioned (upon motion of party or motu proprio ) under Rule 18 of the Rules of Court (dismissal of case or presentation of evidence ex-parte), censure, reprimand, contempt & require absent party to reimburse costs of appearing party plus attorney’s fees for that day to treble such costs payable on or before date of re-scheduled setting. Sanctions may be reconsidered and sanctions lifted subject to judicial discretion.


(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, IX on Duration of JDR proceedings)

DURATION OF JDR PROCEEDINGSFirst 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


(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


(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


(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, XI on Settlement )

SETTLEMENTA. CIVIL CASES –

Full settlement – submit Compromise Agreement for Court’s action

Full compliance with compromise – submit satisfaction of claims or mutual withdrawal of claims and counterclaims (Court dismisses case)



SETTLEMENTA. CIVIL CASES –

Partial settlement – submit terms for Court’s 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



SETTLEMENTB. CRIMINAL CASES –

1) Civil aspect – submit compromise agreement for Court’s action

2) Criminal aspect – determined by Public Prosecutor subject to Court’s 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


(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

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.


(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



& 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)



& JDR Proceedings)

FUNCTIONS…:

3) Assist in compromise agreement preparation (not contrary to law, morals, good customs, public order or public policy) for Court’s 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 Court’s dismissal of case

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 appellee’s 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 Court’s 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

“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”

Justice Renato Puno

RAISON D’ETRE FOR ADR

WORLD NEW TRENDS

• Out adversarial, In ADR

• ADR - an innovative tool to de-clog court dockets that empowers party-litigants

Documents

Liwanag Cam & Jdr Rules for Jdr