DR. V. ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION, INC.

COLLEGE OF LAW
Tacloban City, 6500 Philippines

JURIS DOCTOR

“If a man empties his purse into his head, no man can take it away from him. An
investment in knowledge always pays the best interest.”

Benjamin Franklin

COURSE CODE AND TITLE: ALTERNATIVE DISPUTE RESOLUTION

CREDIT UNITS: 2 units (lecture) – two hours per week

COURSE DESCRIPTION: A study of Republic Act No. 9285, the Alternative Dispute
Resolution Act of 2004 including its Implementing Rules and Regulations; rules in
Mediation, Conciliation and Arbitration (LEB Memorandum Order (LEBMO) No. 1, Series
of 2011).

This is also a study of Republic Act No. 876, the Arbitration Law; Executive Order
No. 1008, the Construction Industry Arbitration Law; and Katarungang Pambarangay
Law under Republic Act No. 7160 otherwise known as the Local Government Code of
1991, as amended.

Also, the study will include the arbitration procedure and techniques of the
International Court of Arbitration of the International Chamber of Commerce. This
course also includes the process of international commercial arbitration by
understanding the concepts of dispute resolution and arbitration, the institutions
relevant to arbitration, and the frameworks of laws applicable to arbitration. It also
covers the process of arbitration beginning with the creation of arbitration agreements
until the enforcement of arbitral awards in domestic courts. The study covers the
arbitration proceedings in the International Centre for Settlement of Investment
Disputes (ICSID).

Likewise, the study includes an introduction to the collective bargaining process,

negotiations, mediation and arbitration as experienced in both the private and
government sectors.

Additionally, the study focuses on Philippine dispute resolution systems involving

family dispute, marital conflict, child custody, and violence against women and children.

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 The course is designed to assist law students in acquiring a general knowledge in
dealing and resolving conflicts and disputes using modes of alternative dispute
resolution as well as the rules of procedure applicable to mediation, conciliation and
arbitration such as A.M. No. 07-11-08-SC or the Special Rules of Court on Alternative
Dispute Resolution.

The course provides law students with an experience-based introduction to the

theory and practice of negotiation. The course considers topics such as the nature of
conflict and dispute.

At the end of the term, the law students are expected to have a working know-
how of the basic principles, policies and remedies provided for under existing laws on
alternative dispute resolution as well as the provisions of relevant international
covenants, treaties and executive agreements on alternative dispute resolution such as
the New York Convention (United Nations Convention on the Recognition and
Enforcement of Foreign Arbitral Awards) and the Model Law on International
Commercial Arbitration adopted on June 21, 1985 by the United Nations Commission on
International Trade Law.

Specifically, the course syllabus is devised and planned in such a way as to

enable the law students to:

1. Understand the basic legal and constitutional concepts that underpin

alternative dispute resolution.

2 Appreciate the alternative dispute resolution system of the Philippines and

understand the role of mediators, conciliators, and arbitrators in the system.

3. Acquire knowledge on specific areas of alternative dispute resolution to

include the law on Katarungang Pambarangay, international commercial arbitration, and
construction industry arbitration.

4. Learn and apply legal remedies available for alternative dispute resolution.

5. Appreciate the linkage between national laws and international laws on

alternative dispute resolution particularly in international commercial arbitration.

In addition, this course is devised to make extensive use of case studies and
through legal clinic, offers students an opportunity to provide legal and technical
assistance to nonprofit organizations, local government units, national government
agencies, government-owned and control corporations, private entities and persons, on
a variety of alternative dispute resolutions issues, focusing primarily on mediation,
conciliation, and arbitration.

Under international arbitration, this mode is fashioned as the preferred method

of resolving cross-border disputes in accordance with international covenants, treaties
and executive agreements.

COURSE AND LEARNING OUTCOMES: Upon completion of this course, the law
students must be able to:

1. Demonstrate an understanding of methods of alternative dispute resolution

trends applying laws, international treaties and conventions.
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 2. Exhibit an understanding of the terminology, concepts, cases and principles in
alternative dispute resolution.

3. Examine issues and concerns on alternative dispute resolution and discuss

how existing laws can best address them.

4. Evaluate laws on alternative dispute resolution critically.

5. Know the application of the special rules on alternative dispute resolution.

MODE OF DELIVERY: Face-to-Face and/or Full Online (Synchronous and

Asynchronous)

METHODS OF INSTRUCTION:

1. The primary method of instruction is the SOCRATIC METHOD – a system

characterized by recitation which has been found to be most effective in developing the
student’s power of analysis, reasoning ability, and facility of expression. Assignments on
codal provisions, court decisions, and authorities are given, and students are called
upon to recite to determine whether they have properly and correctly assimilated the
law, its philosophy, and its application.

In SOCRATIC METHOD, the law faculty utilizes this method of teaching by posing
questions to elicit understanding by the law students of legal concepts and principles.
This method encourages students to come up with different ways of framing an
argument, and develops critical thinking and proper application of legal principles and
doctrines to new set of facts.

2. CASE METHOD – a system of legal teaching that focuses on studying previous case
law to highlight principles and prevailing doctrines. Students are assigned to read cases
before attending a class, and are usually quizzed orally during class through the
Socratic Method.

3. LECTURE METHOD – a traditional method where an oral presentation of

information and insights is done by the law faculty. The students are exposed to the
reading, research, and experiences of the lecturer. This provides the student with
substantive knowledge and understanding to develop their own perception and
application of the law.

GRADING SYSTEM:

1. MIDTERM GRADE

50% - Class Participation (Class Attendance, Oral Recitation, Quiz, Legal Clinic,
Case Study, and Case Digests)
50% - Midterm Examination
_________
100%

2. PRE-FINAL GRADE

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 50% - Class Participation (Class Attendance, Oral Recitation, Quiz, Legal Clinic,
Case Study, and Case Digests)
50% - Final Examination
_________
100%

3. FINAL GRADE

50% - Midterm Grade

50% - Final Grade
_________
100%

MIDTERM AND FINAL EXAMINATION’S POINT SYSTEM (FOUR-HOUR

EXAMINATION)

1. Midterm Examination (100 to 150 points) – Passing Score: 75%

2. Final Examination (100 to 150 points) – Passing Score: 75%

REFERENCES:

Garcia IV, Himerio Jose D., Handbook on Katarungang Pambarangay, Second

Edition, Rex Book Store, 2011

Rodriguez, Rufus B., The Revised Katarungang Pambarangay Law, Implementing

Rules, Forms and Cases, 2021 Edition, Rex Book Store, 2021

Valera, Aristotle O. Understanding the Katarungang Pambarangay Law Notes and

Cases, 2021 Edition, Rex Book Store, 2021

Enad, Erwin M., Reviewer on Katarungang Pambarangay, 2018 Edition, Central

Bookstore, 2018

Robeniol, Gabriel T., The Law on Katarungang Pambarangay, 2020 Edition, Central
Bookstore, 2020

Festin, Gemo Lito L., The Alternative Dispute Resolution and the Arbitration Law
(With Allied Laws, Rules and Regulations), 2021 Edition, Rex Book Store, 2021

Lara, Gerardo F., et. al., Law and Jurisprudence on Alternative Dispute Resolution,
2016 Edition, Rex Book Store, 2016

Lopez, Jim V., The Alternative Dispute Resolution Conflict Management for Lawyers
How to Settle Legal Disputes Without a Courtroom Trial, 2016 Edition, Rex Book Store,
2016

Lucero, Ian Kenneth B., Jurisdictional and Procedural Aspects Revised Katarungang
Pambarangay Law, 2021 Edition, Rex Book Store, 2021

Robeniol, Gabriel T., Alternative Dispute Resolution, 2020 Edition, Central Bookstore,
2020

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Alogoc, Irene D., Philippine Alternative Dispute Resolution, 2021 Edition, Central
Bookstore, 2021

Aquino, David Robert C., Alternative Dispute Resolution, 2017 Edition, Central
Bookstore, 2017

Angustia, Joseph D. M., Alternative Dispute Resolution Laws, Rules and

Jurisprudence, 2018 Edition, Central Bookstore, 2018

COURSE TOPICS AND CONTENT:

I. Katarungang Pambarangay and Related Laws, Rules and Regulations

1. (Sections 399 to 422, Book III, Title I, Chapter 7, Republic Act No. 7160 otherwise
known as the Local Government Code of 1991, as amended.

2. Katarungang Pambarangay Implementing Rules and Regulations otherwise known as

the Katarungang Pambarangay Rules (June 1, 1992)

3. Presidential Decree No. 1508, as repealed by Republic Act No. 7160 otherwise known
as the Local Government Code of 1991, as amended.

4. DOJ Opinion No. 087, Series of 1986; DOJ Opinion No. 117, Series of 1985; DOJ
Opinion No. 219, Series of 1988

5. Revised Rules of Procedure for Small Claims Cases (A.M. No. 08-8-7-SC), as
amended by OCA Circular No. 45-2019

6. Conflict Resolutions in Family Disputes/Children in Conflict with the Law (Article 151,
Family Code of the Philippines)

7. Rule on Violence Against Women and Their Children (A.M. no. 04-10-11-SC) October
19, 2004

8. Republic Act No. 9344, as amended by Republic Act No. 10630, also known as the
Juvenile Justice and Welfare Act of 2006

9. Barangay Protection Order

10. Revised Rules on Summary Procedure, as Amended

11. ADR Practice of Indigenous Peoples

12. Republic Act No. 8371 or the Indigenous Peoples’ Rights Act of 1997

13. National Commission on Indigenous People (NICP) Rules of Procedure

CASES:

Quiros vs. Arjona 425 SCRA 57 (2004)

Morata vs. Go 125 SCRA 444

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Galuba vs. Laureta 157 SCRA 627

Aquino vs. Aure 546 SCRA 71 (2008)

Wee vs. Castro 562 SCRA 695 (2008)

Racpan vs. Barraga-Haigi G.R. No. 234499 June 6, 2018

Agbayani vs. Court of Appeals 674 SCRA 358 (2012)

Blardony, Jr. vs. Cosculluela, Jr. 182 SCRA 825 (1990)

Montanez vs. Provincial Agrarian Reform Adjudicator (PARAD), Negros Occidental 600
SCRA 217

Uy vs. Estate of Vipa Fernandez, G.R. No. 200612 April 5, 2017

Vda. De Borromeo vs. Pogoy 126 SCRA 217 (1983)

Abagatnan vs Clarito, G.R. No. 211966, August 7, 2017

Gonzales vs. Court of Appeals 151 SCRA 289 (1987)

Millare vs. Hernando 151 SCRA 484 (1987)

Presco vs. Court of Appeals 192 SCRA 232 (1990)

Royales vs. Intermediate Appellate Court 212 Phil 432, 127 SCRA 470 (1984)

Santos vs. Lumbao 519 SCRA 408 (2007)

Sta. Rosa Realty Development Corporation vs. Amante 453 SCRA 432 (2005)

Banares II VS. Balising 328 SCRA 36 (2000)

Catorce vs. Court of Appeals 129 SCRA 210 (1984)

Lansangan vs. Caisip, G.R. No. 212987 August 6, 2018

Sabay vs. People, G.R. No. 192150, October 1, 2014

Villador, Jr. vs. Zabala, 545 SCRA 325 (2008)

Berba vs. Pablo 474 SCRA 686 (2005)

Penaflor vs. Panis 117 SCRA 953 (1982)

Corpus vs. Court of Appeals 274 SCRA 275 (1997)

Dui vs. Court of Appeals 251 SCRA 472 (1995)

Uy vs. Contreras 237 SCRA 167 (1994)

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Uy vs. Javellana 680 SCRA 13 (2012)

Torbela vs. Rosario 661 SCRA 633 (2011)

Tavora vs. Hon. Veloso 202 Phil 943, 117 SCRA 613 (1982)

Miguel vs. Montanez 664 SCRA 345 (2012)

Catedrilla vs. Lauron 696 SCRA 341 (2013)

Vidal vs. Escueta 417 SCRA 617 (2003)

Lumbuan vs. Ronquillo, G.R. No. 155713, May 5, 2006

Chavez vs. Court of Appeals, G.R. No. 159411, March 18, 2005

Anita Mangila vs. Court of Appeals, G.R. No. 125027, August 12, 2002

Pascual vs. Pascual, G.R. No. 157830, November 17, 2005

Boleyley vs. Villanueva, G.R. No. 128734, September 14, 1999

Garces vs. Court of Appeals, G.R. No. 76836, June 23, 1988

Banting vs. Spouses Maglapuz 531 Phil 101, 115 (2006)

Abatganan vs. Spouses Clarito, G.R. No. 211966, August 7, 2017

Candido vs. Macapagal, G.R. No. 101328, April 7, 1993

Bejer vs. Court of Appeals, G.R. No. 79404 and 80045, January 27, 1989

Spouses Morata vs. Spouses Go, 125 SCRA 444, October 27, 1983

Heirs of Fernando Vinzons vs. Court of Appeals, G.R. No. 111915, September 30, 1999

Villadar, Jr. vs. Zabala, G.R. No. 166458, February 14, 2008

People vs. Fortes, G.R. No. 90643 and 91155, June 25, 1993

Montoya vs. Escayo, G.R. No. 82211-12, March 21, 1989

Sanchez vs. Tupas, G.R. No. 76690, February 29, 1988

Tribiana vs. Tribiana, G.R. No. 137359

Felizardo vs. Court of Appeals, G.R. No. 112050, June 15, 1994

Salera vs. Villaceran, G.R. No. 230590, March 21, 2018

Farrales vs. Camarista, A.M. No. MTJ-99-1184, March 2, 2000

Agbayani vs. Belen 145 SCRA 635, November 24, 1986

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Vercide vs. Hernandez A.M. No. MTJ-00-1265, April 6, 2000

New Sun Valley Homeowner’s Association, Inc. vs. Sangguniang Barangay, G.R. No.
156686, July 27, 2011

Bacolod-Talisay Realty and Development Corp. vs. Dela Cruz, G.R. No. 179563, April 30,
2009

Atty. Evelyn J. Magno vs. Atty. Olivia Velasco-Jacoba, A.C. No. 6296, November 22,
2005

Ledesma vs. Court of Appeals 286 Phil 917 (1992)

Malecdan vs. Atty. Baldo, A.C. No. 12121, June 27, 2018

Ramon vs. Court of Appeals 174 SCRA 690 (1989)

Alinsugay vs. Cagampang, Jr., G.R. No. L-69334, July 28, 1986

Diu vs. Court of Appeals, G.R. No. 115213, December 19, 1995

Zamora vs. Heirs of Carmen Izquierdo, G.R. No. 146195, November 18, 2004

Sebastian vs. Ng, G.R. No. 164594, April 22, 2015

Pang-et vs. Manacdes-Dao-As, G.R. No. 167261, March 2, 2007

Cabbigat vs. Dumulag, G.R. No. 219645, September 21, 2016

Escarda vs. Manalo 101 SCRA 1 November 7, 1980

Gegare vs. Court of Appeals 177 SCRA 471 September 13, 1989

People vs. Caruncho, Jr. 127 SCRA 17 January 23, 1984

Urbano vs. IAC 157 SCRA 1, January 7, 1988

Domingo vs. Rosero 173 SCRA 135 May 5, 1989

Garcia vs. dela Pena 229 SCRA 766, February 9, 1994

Colorado vs. Agapito 526 SCRA 250 July 3, 2007

Ramos vs. Court of Appeals 174 SCRA 690 June 30, 1989

Ebol vs. Amin 135 SCRA 438 March 19, 1985

Corpuz vs. Court of Appeals 274 SCRA 275 June 19, 1997

Peregrina vs. Panis 133 SCRA 72 October 31, 1984

Maglalang vs. Court of Appeals 175 SCRA 808 July 31, 1989
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San Miguel Village School vs. Pundogar 173 SCRA 704 May 31, 1989

Velarma vs. Court of Appeals 252 SCRA 406 January 25, 1996

Junson vs. Martinez 405 SCRA 390 July 8, 2003

Espino vs. Legarda 485 SCRA 650 March 17, 2006

Duran vs. Inoferio, Sr. G.R. No. 217608, December 10, 2018

Belvis, Sr. vs. Erola G.R. No. 239727 July 24, 2019

Ngo vs. Gabelo G.R. No. 207707 August 24, 2020

Solway vs. Pascasio 527 SCRA 385, July 12, 2007

Harold vs. Aliba 534 SCRA 478 October 2, 2007

Fernandez vs. Militante 161 SCRA 695

Gachon vs. Devera, Jr. 274 SCRA 540 (1997)

Lorenzana vs. Atty. Fajardo, A.C. No. 5712, June 29, 2005

Martinez vs. Martinez, G.R. No. 162084, June 28, 2005

Yu vs. Court of Appeals, G.R. No. 125082, September 18, 2000

Bandoy vs. Court of Appeals, G.R. No. 77133, July 19, 1989

Bonifacio Law Office vs. Bellosillo, A.M. No. MTJ-00-01308, December 16, 2002

GMCC United Development Corporation vs. Gotesco Regency Twin Towers

Condominium Corporation, G.R. No. 206137, April 8, 2015

A.L. Ang Network, Inc. vs. Mondejar, G.R. No. 200804, January 22, 2014

Garcia vs. Drilon, G.R. No. 179267, June 25, 2013