1

ALTERNATIVE DISPUTE RESOLUTION FINAL EXAM GUIDE The arbitration clause in the construction contract ipso facto
vested the CIAC with jurisdiction. It is considered an agreement
between the parties to submit existing or future controversies
1.) What are the cases not covered by ADR? between them to CIAC’s jurisdiction.

The following are the cases not subject to ADR, to wit: 5.) What is/are possible remedies to challenge the decision of
a) The civil status of the person; the CIAC?
b) The validity of marriage;
c) The grounds for legal separation; The aggrieved party may file for petition for review from a
d) The jurisdiction of the court; final award of CIAC to the Court of Appeals within 15 days from
e) Future legitime; receipt thereof in accordance with Rule 43 of the 1997 Rules of
f) Criminal liability; and Court. This petition is based on errors of facts, law or mixed fact
g) Other cases that may be provided by law. and law.

2.) What is the jurisdiction of CIAC?
Under E.O 1008, CIAC has original and exclusive
jurisdiction over disputes arising from, or connected with, contracts
entered into by parties involved in the construction in the
Philippines. This jurisdiction cannot be altered by stipulations
restricting the nature of construction disputes, appointing another
arbitral body, or making that body’s decision final and binding.
3. What are the disputes excluded from CIAC’s jurisdiction?
a) Disputes arising from employer-employee relationship;
b) Claims for moral and exemplary damages;
c) Claims for opportunity or business losses in addition to
liquidated damages; and
d) Attorney’s fees.
4. What is the effect of the inclusion of arbitration clause in
the construction contract?
6.) Give at least ten (10) cases covered by Katarungang
Pambarangay Law.
1. Alarms and scandals;
2. Using false certificates;
3. Using fictitious names and concealing true names;
4. Illegal use of uniforms and insignias;
5. Less serious physical injuries;
6. Slight physical injuries and maltreatment;
7. Unlawful arrest;
8. Grave coercion;
9. Revealing secrets with abuse of authority; and
10.Altering boundaries or landmarks.
7. What are those cases exempted from the coverage of KPL?
a) Offenses with maximum penalty of 1 year and exceeding fine
five thousand pesos;
b) Offenses with no private party;
c) Real actions involving properties in different cities or
municipalities;
d) Disputes in need of urgent legal action;
 2

e) Labor disputes;
f) Land disputes; and d) Claims of actual, moral, exemplary and other forms of
g) Action to annul a judgment upon a compromise. damages arising from employer-employee relations;

e) Cases arising from any violation of Article 279 of the Labor

8. What are the cases covered by Court-Annexed Mediation Code, including the questions involving the legality of strikes
Program? and lockouts;

The following are cases covered by CAM Program, to wit:
a) All civil cases, settlement of estates, and cases covered by the
Rules on Summary Procedure, except those which by law
may not be compromised such as annulment of marriage;
f) Monetary claims arising from overseas employment;
g) Wage distortion cases in an unorganized establishment; and
h) Enforcement of the compromise agreement.

b) Cases covered by the Lupong Tagapamayapa under 10. What are the cases under the jurisdiction of the voluntary
Katarungang Pambarangay Law; arbitrators?

c) Civil Aspect of B.P Blg. 22; Under Article 274 of the Labor Code, Voluntary Arbitrator or
panel of Voluntary Arbitrators shall have original and exclusive
d) The civil aspect of quasi-offense under Title 14 of the RPC; jurisdiction on the following cases:
and
a) Unresolved grievances in the interpretation and
e) Civil aspect of Estafa and Libel cases where damages are implementation of the Collective Bargaining Agreement;
sought. b) Those arising from the interpretation or enforcement of
company personnel policies;
9. What are the cases under the jurisdiction of the Labor c) Those cases agreed by the parties to be submitted in the
Arbiter? jurisdiction of the Voluntary Arbitrator or panel of Voluntary
Arbitrators. This requires a submission agreement.
a) Unfair Labor Practices;
Jurisprudence also provides that wage distortion cases in an
b) Termination Disputes; organized establishment is within the jurisdiction of the Voluntary
Arbitrator or panel of Voluntary Arbitrators. The rationale is that
c) Cases accompanied by a claim for reinstatement involving there is an existing and valid CBA that governs the relationship
wages, rates of pay, hours of work or other terms and between management and labor where the Voluntary Arbitrator or
conditions of works; panel of Voluntary Arbitrators assumed jurisdiction.
 3

1. Civil cases which by law cannot be compromised (Article 2035,

11. What are the three (3) stages of court diversion? New Civil Code);

The following are the stages of court to wit: 2. Other criminal cases not covered under paragraphs 3 to 6 above;

First stage is the Court-Annexed Mediation (CAM) where the judge 3. Habeas Corpus petitions;
refers the parties to the Philippine Mediation Center (PMC) for the
mediation of their dispute by trained and accredited mediators. 4. All cases under Republic Act No. 9262 (Violence against Women
and Children); and
Upon failing to secure a settlement of the dispute during the first
stage, a second attempt is made at the JDR stage. There, the JDR 5. Cases with pending application for Restraining
judge sequentially becomes a mediator conciliator-early neutral Orders/Preliminary Injunctions.
evaluator in a continuing effort to secure a settlement. Still failing
that second attempt, the mediator-judge must turn over the case to
another judge (a new one by raffle or nearest/pair judge) who will 14.) What are the procedures In JDR?
try the unsettled case. The trial judge shall continue with the pre-
trial proper and, thereafter, proceed to try and decide the case. Judicial proceedings shall be divided into two stages:

The third stage is during the appeal where covered cases are
referred to the PMC-Appeals Court Mediation (ACM) unit for
mediation.
12.) What is expanded diversion and its rationale?
It is a program to cover cases possible for mediation. The rationale
is to achieve deterrence from a consistent and swift imposition of
the appropriate penalty for the crime committed. This is to make
civil liabilities of the crime capable of compromise which by law
encourages. The intention of this expansion is to make
rehabilitation and correction of the offender.
13.) What are the cases exempted from the coverage of CAM?
The following cases shall not be referred to CAM and JDR:
(1) from the filing of a complaint to the conduct of CAM and
JDR during the pre-trial stage, and
(2) pre-trial proper to trial and judgment.
The judge to whom the case has been originally raffled, who shall
be called the JDR Judge, shall preside over the first stage. The
judge, who shall be called the trial judge, shall preside over the
second stage.
15.) How trial and judgment should be made?
The trial judge to whom the case was turned over, shall
expeditiously proceed to trial, after the pre-trial and, thereafter,
render judgment in accordance with the established facts, evidence,
and the applicable laws.
 4

16.) What is the extent of confidentiality in JDR and CAM? of satisfaction of claims and mutual withdrawal of complaint and
counterclaim as basis for the court to issue an order of dismissal.
Any and all matters discussed or communications made, including
requests for mediation, and documents presented during the
mediation proceedings before the Philippine Mediation Center or the
JDR proceedings before the trial judge, shall be privileged and
confidential, and the same shall be inadmissible as evidence for any
purpose in any other proceedings.

However, evidence or information that is otherwise admissible does

not become inadmissible solely by reason of its use in mediation or
conciliation. Further, the JDR judge shall not pass any information
obtained in the course of conciliation and early neutral evaluation
to the trial judge or to any other person. This prohibition shall
include all court personnel or any other person present during such
proceedings. All JDR conferences shall be conducted in private. “Everything will be right when everything is under
17.) What is the role of the lawyer in JDR and mediation compulsion”
proceedings?
-Niccolo Machiavelli
Lawyers may attend mediation proceedings in the role of adviser
and consultant to their clients, dropping their combative role in the
adjudicative process, and giving up their dominant role in judicial
trials. They must accept a less directive role in order to allow the
parties more opportunities to craft their own agreement.

They must help their clients comprehend the mediation process and
its benefits and allow them to assume greater personal
responsibility in making decisions for the success of mediation in
resolving the dispute. They must discuss the substantive issues
involved in the dispute, prioritization of resolution in terms of
importance to client, and other matters significant to the clients.

They must assist in preparing a compromise agreement that is not

contrary to law, morals, good customs, public order, or public
policy. They must also assist in the preparation of a manifestation