BALAODAN, Fernando Jr.

2A

A Reaction Paper
Arbitral Autonomy Principle in Philippine Jurisprudence
Kristoffer James E. Purisima

Habits or things we have been used to are indeed sometimes may be hard to
break, we can see this as a fact and I agree with what Arthur Autea had emphasized in
his article that the problem really with regard the implementation of the Administrative
Dispute Resolution (ADR) as a means to resolve issues stems from the very mindset of
the people themselves being exposed through a very litigious system in relation to
settling problems. The problem is we have been groomed to believe that only those with
titles as judges and whatnot are the only ones who may solve our problems when in fact
there are other ways, just within our grasp and yet we fail to realize its presence and
convenience, I too had no idea on the matter until recently. Hence, I believe that there is
still a need for a more widespread information dissemination for the masses to know of
the existence of such ADR.

The coming of the ADR Law strengthened more its structure as it introduced the
Policy of Judicial Restraint which I believe is more or less a fundamental piece in
ensuring an efficient ADR system because how can a neutral third party acting as
arbitrators be able to fully devote their efforts into arbitrating when the court may
intervene at its whim affecting their judgment, whereby the ADR Law regulates the
same, allowing the court intervention at the instance of utmost need. Taking everything
into consideration, there already is a much more effective system of justice where
favorable outcomes are more in sight and not fixated on a firm court-based resolution
but a flexible one.

Lastly, the matter on award was discussed and emphasized, particularly its
difference before and now, I in favor of the latter which is prevailing at present. Awards
meted out by arbitrators before may be reviewed by the court which I believe would
make the presence of an arbitrator as a bit irrelevant as why would one devote his/her
skills in arbitrating, coming up with a judgment and awarding it when at the end of the
day it may be overturned by the court upon appeal, making all efforts worthless in a
way. However, the prevailing principle is that Courts are given less authority in
reviewing decision or awards given by arbitrators which I believe would give recognition
to an arbitrator’s judgment and decision and make them more enthusiastic in their job
which more often than not I believe would result into an amicable settlement between
parties to a dispute without the need elevate the issues to the court.