voluntarily admitted.

To avoid embarrassment and to go away with the

long process of annulment, Bong and Leni both agreed to submit the
issue to arbitration in order to have their marriage invalidated. Two
months thereafter, an arbitral award was issued declaring them
marriage invalid, hence Bong and Leni went their separate ways.
a. Can the Regional Trial Court enforce the award in the Philippines?
(5pts)
b. What are the legal implications of the arbitral award? (5pts)
c. Was the remedy used by Bong and Leni proper? (5pts)
2. BBM while walking down the street was hit by a speeding motorcycle
driven by Ka Lodi. Due to the impact, he was sent flying on the other
side of the road. As result he suffered less serious physical injuries. Ka
Lodi was then arrested and detained in the municipal police station for
the incident. While waiting for the formal case to be filed, the relatives
of BBM and Ka Lodi met and agreed to the venue for the case to be
filed. Finally, the parties agreed to have the case filed in the Regional
Trial Court for faster disposition of the case. After hearing, the RTC
decided in favor of BBM and sentenced Ka Lodi to suffer 1 year of
imprisonment and a fine amounting to P50,000.00.
a. Base on the foregoing facts, can the RTC rule on the matter?
(5pts)
b. Was the remedy resorted to by the parties proper? (5pts)
3. A and B agreed to submit their issue to mediation. The agreement
included that the proceeding should be open to the public. However,
the mediation failed and A filed a formal complaint in court against B.
Attached in A’s complaint where documents previously submitted in
the mediation proceeding. B objected to the admissibility of the
evidence contending that they are in violation of the confidential
nature of mediation proceedings. Can A use the evidence against B?
Why or why not? (10pts
Midterms: Alternative Dispute Resolution (ADR)
1. What are the objectives and benefits of ADR? (5pts)
2. What are the sources of ADR? (5pts)
3. What do you call a concluding agreement in a successful mediation?
(5pts)
TRUE OR FALSE: Write TRUE if the statement is true and FALSE if it is not.
State your reasons.
1. You can force a party to choose the form of ADR to be conducted.
(5pts)
2. The conduct of ADR precludes parties from obtaining relief from the
courts. (5pts)
3. Procedures in trial courts should be strictly applied in the conduct of
ADR. (5pts)
4. ADR can be conducted without the need to appear in a hearing.
(5pts)
5. Rules as to the admissibility of evidence is strictly applied in the
conduct of ADR. (5pts)
6. The parties can agree as to the qualifications of the arbitrator or
mediator without need of any reference. (5pts)
7. The place of arbitration should automatically be at the place of
performance of the obligation. (5pts)
8. Court-annexed mediation and court-referred mediation are part of
the ADR Act. (5pts)
9. A party to a mediation can divulge at any time any information
obtained from a mediation proceeding. (5pts)
10. Evidence obtained from mediation proceedings are admissible in
court. (5Pts)
11. The admissibility of evidence can be agreed upon by the parties.
(5pts)
12. The mediator can be compelled to divulge information from the
mediation proceeding. (5pts)
13. Arbitration agreement is the agreement by the parties to submit
to arbitration all issues which “may” arise between them in respect
of a defined legal relationship. (5pts)
ESSAY:
1. In February 14, 2022 Bong and Leni got married in Davao City which
married was solemnized by Father Digong. A couple of days into the
marriage, Bong discovered that Leni had an existing marriage with
Pacmaw. Infuriated, Bong confronted Leni about it to which the latter
voluntarily admitted. To avoid embarrassment and to go away with the
long process of annulment, Bong and Leni both agreed to submit the
issue to arbitration in order to have their marriage invalidated. Two
months thereafter, an arbitral award was issued declaring them
marriage invalid, hence Bong and Leni went their separate ways.
a. Can the Regional Trial Court enforce the award in the Philippines?
(5pts)
b. What are the legal implications of the arbitral award? (5pts)
c. Was the remedy used by Bong and Leni proper? (5pts)
2. BBM while walking down the street was hit by a speeding motorcycle
driven by Ka Lodi. Due to the impact, he was sent flying on the other
side of the road. As result he suffered less serious physical injuries. Ka
Lodi was then arrested and detained in the municipal police station for
the incident. While waiting for the formal case to be filed, the relatives
of BBM and Ka Lodi met and agreed to the venue for the case to be
filed. Finally, the parties agreed to have the case filed in the Regional
Trial Court for faster disposition of the case. After hearing, the RTC
decided in favor of BBM and sentenced Ka Lodi to suffer 1 year of
imprisonment and a fine amounting to P50,000.00.
a. Base on the foregoing facts, can the RTC rule on the matter?
(5pts)
b. Was the remedy resorted to by the parties proper? (5pts)
3. A and B agreed to submit their issue to mediation. The agreement
included that the proceeding should be open to the public. However,
the mediation failed and A filed a formal complaint in court against B.
Attached in A’s complaint where documents previously submitted in
the mediation proceeding. B objected to the admissibility of the
evidence contending that they are in violation of the confidential
nature of mediation proceedings. Can A use the evidence against B?
Why or why not? (10pts)