• Dispute Resolutions and Crises/Incident
Management
• Definition of Terms
Dispute
-A disagreement, argument, or debate. (Oxford
Languages)
Resolution
-a firm decision to do or no to do something.
(Wikipedia)
Dispute Resolution
-is the process of resolving disputes between
parties (Wikipedia)
• Definition of Terms
Incident
-a event or occurrence.
Crisis
-a time of intense difficulty, trouble or danger.
Disaster
-a sudden event such as an accident or natural
catastrophe, that causes great damage or loss
of life.
• What is Conflict?
• A conflict is an activity which takes
place when conscious beings
(individuals or groups) wish to carry out
mutually inconsistent acts concerning
their wants, needs or obligations.
(Nicholson, M., 1992)
• Conflict may also refer to a natural
disagreement or struggle between
people which may be physical, or
between conflicting ideas. It can either
be within one person, or they can
involve several people or groups. It
exists when they have incompatible
goals and one or more believe that the
behavior of the other prevents them
from their own goal achievement.
• The word “Conflict” comes from the
Latin word “conflingere” which means
to come together for a battle.
• What are Conflict Theories?
• Conflict theory states that tensions and
conflicts arise when resources, status,
and power are unevenly distributed
between groups in society and that
these conflicts become the engine for
social change. In this context, power
can be understood as control of
material resources and accumulated
wealth, control of politics and the
institutions that make up society, and
one's social status relative to others
(determined not just by class but by
race, gender, sexuality, culture, and
religion, among other things).
(Crossman, 2019)
• What are Conflict Theories?
• Conflict theory originated in the work of
Karl Marx, who focused on the causes
and consequences of class conflict
between the bourgeoisie (the owners of
the means of production and the
capitalists) and the proletariat (the
working class and the poor). Many
social theorists have built on
Marx's conflict theory to bolster it, grow it, and
refine it over the years. Many others have
drawn on conflict theory to develop other types
of theory
• So, while initially conflict theory
described class conflicts specifically, it
has lent itself over the years to studies
of how other kinds of conflicts, like
those premised on race, gender,
 sexuality, religion, culture, and
nationality, among others, are a part of
contemporary social structures, and
how they affect our lives.
• What are the Conflict Resolution
Strategies?
• Kenneth Thomas and Ralph Kilmann
(2015) developed five conflict
resolution strategies Thomas – Kilmann
Instrument or more generally known as TKI
Conflict Strategies that people use to handle
conflict, including avoiding, defeating,
compromising, accommodating, and
collaborating.
• What are the Conflict Resolution
Strategies?
those of the other individual. Thus, he does not
deal with the conflict. Avoiding might take the
form of diplomatically sidestepping an issue,
postponing an issue until a better time, or
simply withdrawing from a threatening
situation.
• The following are the five (5) Conflict
Resolution Strategies:
b. Conflict Resolution Strategy #2: Competing
• This is assertive and uncooperative. An
individual pursues his own concerns at
the other person’s expense. This is a
power-oriented mode in which you use
whatever power seems appropriate to
win your own position—your ability to
argue, your rank, or economic
sanctions.

• The Thomas-Kilmann Instrument is • Competing means “standing up for

designed to measure a person’s your rights,” defending a position which
behavior in conflict situations. “Conflict you believe is correct, or simply trying
situations” are those in which the to win.
concerns of two people appear to be
• The following are the five (5) Conflict
incompatible.
Resolution Strategies:
• What are the Conflict Resolution
c. Conflict Resolution Strategy #3:
Strategies?
Accommodating
• In such conflict situations, an
• This is unassertive and cooperative—
individual’s behavior can be described
the opposite of competing. When
along two dimensions: (1)
accommodating, the individual neglects
assertiveness, the extent to which the
his own concerns to satisfy the concerns
person attempts to satisfy his own
of the other person; there is an element
concerns, and (2) cooperativeness, the
of self-sacrifice in this mode.
extent to which the person attempts to
satisfy the other person’s concerns. • Accommodating might take the form of
selfless generosity or charity, obeying
• The following are the five (5) Conflict
another person’s order when you would
Resolution Strategies:
prefer not to, or yielding to another’s
a. Conflict Resolution Strategy #1: point of view.
Avoiding

This is unassertive and uncooperative. The

person neither pursues his own concerns nor
 • Also, accommodating is a strategy
where one party gives in to the wishes
or demands of another. They are being
cooperative but not assertive.
• The following are the five (5) Conflict
Resolution Strategies:
d. Conflict Resolution Strategy #4:
Collaborating
• It is both assertive and cooperative—
the complete opposite of avoiding.
Collaborating involves an attempt to
work with others to find some solution
that fully satisfies their concerns. It
means digging into an issue to pinpoint
the underlying needs and wants of the
two individuals.
• Collaborating between two persons
might take the form of exploring a
disagreement to learn from each
other’s insights or trying to find a
creativesolution to an interpersonal
problem.
• The following are the five (5) Conflict
Resolution Strategies:
• e. Conflict Resolution Strategy #5:
Compromising
• It is moderate in both assertiveness and
cooperativeness. The objective is to find
some expedient, mutually acceptable
solution that partially satisfies both
parties. It falls intermediate between
competing and accommodating.
Compromising gives up more than
competing but less than
accommodating. Likewise, it addresses
an issue more directly than avoiding,
but does not explore it in as much
depth as collaborating.
• ALTERNATIVE DISPUTE RESOLUTION
(ADR)
What is Republic Act No. 9285?
• This Act is known as the "Alternative
Dispute Resolution Act of 2004.“
• What is the policy of the State
regarding Alternative Dispute
Resolution (ADR)?
• It is hereby declared the policy of the
State to actively promote party
autonomy in the resolution of disputes
or the freedom of the party to make
their own arrangements to resolve their
disputes. Towards this end, the State
shall encourage and actively promote
the use of Alternative Dispute
Resolution (ADR) as an important
means to achieve speedy and impartial
justice and declog court dockets.
• What is the policy of the State
regarding Alternative Dispute
Resolution (ADR)?
• As such, the State shall provide means
for the use of ADR as an efficient tool
and an alternative procedure for the
resolution of appropriate cases.
Likewise, the State shall enlist active
private sector participation in the
settlement of disputes through ADR.
• Does RA 9285 limits the power of the
Supreme Court to adopt any ADR
System?
• No. This Act shall be without prejudice
to the adoption by the Supreme Court
of any ADR system, such as mediation,
conciliation,arbitration, or any
combination thereof as a means of
achieving speedy and efficient means of
resolving cases pending before all
courts in the Philippines which shall be
governed by such rules as the Supreme
 Court may approve from time to time.
(Sec. 2, RA 9285)
• What is Alternative Dispute Resolution?
• Alternative Dispute Resolution System
means any process or procedure used
to resolve a dispute or controversy,
other than by adjudication of a
presiding judge of a court or an officer
of a government agency, as defined
under RA 9285, in which a neutral third
party participates to assist in the
resolution of issues, which includes
arbitration, mediation, conciliation,
early neutral evaluation, mini-trial, or
any combination thereof.
(Sec. 3, par. a, RA 9285)
• What is Arbitration?
• Arbitration means a voluntary dispute
resolution process in which one or more
arbitrators, appointed in accordance
with the agreement of the parties, or
rules promulgated pursuant to RA 9285,
resolve a dispute by rendering an
award. (Sec. 3, par. d, RA 9285)
• Note: Award means any partial or final
decision by an arbitrator in resolving
the issue or controversy.
• Who is an Arbitrator?
• Arbitrator means the person appointed
to render an award, alone or with
others, in a dispute that is the subject of
an arbitration agreement.
(Sec. 3, par. e, RA 9285)
• What is Early Neutral Evaluation?
• This means an ADR process wherein
parties and their lawyers are brought
together early in a pre-trial phase to
present summaries of their cases and
receive a nonbinding assessment by an
experienced, neutral person, with
expertise in the subject in the substance
of the dispute.
(Sec. 3, par. n, RA 9285)
• What is Mediation?
• Mediation means a voluntary process in
which a mediator, selected by the
disputing parties, facilitates
communication and negotiation, and
assist the parties in reaching a voluntary
agreement regarding a dispute.
(Sec. 3, par. q, RA 9285)
• Who is a Mediator?
• Mediator means a person who conducts
mediation.
(Sec. 3, par. r, RA 9285)
• What is Mediation Party?
• This means a person who participates in
a mediation and whose consent is
necessary to resolve the dispute.
(Sec. 3, par. s, RA 9285)
• What is Mediation-Arbitration?
• "Mediation-Arbitration" or Med-Arb is a
step dispute resolution process
involving both mediation and
arbitration.
(Sec. 3, par. t, RA 9285)
• What is Mini-trial?
• This means a structured dispute
resolution method in which the merits
of a case are argued before a panel
comprising senior decision makers with
or without the presence of a neutral
third person after which the parties
seek a negotiated settlement
(Sec. 3, par. u, RA 9285)
• How arbitration, mediation and
conciliation are different from each
other?
• Arbitration, mediation and conciliation
are the main Alternative Dispute
Resolution Mechanism which is
generally adopted by the people to
resolve their disputes in an informal
manner. They try to reach a solution by
settlement or negotiation with the
assistance of a third neutral party and
have turned out to be an effective
alternative to the litigation process.
• How arbitration, mediation and
conciliation are different from each
other?
• Arbitration is a process where the
parties submit their case to a neutral
third party who on the basis of
discussion determine the dispute and
comes to a solution.
• Mediation and conciliation both are an
informal process. Whereas, arbitration
is more formal as compared to them. In
mediation, the mediator generally sets
out alternatives for the parties to reach
out an agreement.
• The main advantage of the mediation is
that the settlement is made by the
parties themselves rather than a third
party. It is not legally binding on the
parties. In addition, the basic motive of
mediation is to provide opportunities to
parties to negotiate and come to a final
solution catering the needs of both
sides.
• How arbitration, mediation and
conciliation are different from each
other?
• Dispute resolution through conciliation
involves the assistance of a neutral third
party who plays an advisory role in
reaching an agreement.
• The process adopted by all the three
are different but, the main purpose is to
resolve the dispute in a way where the
interest of the parties is balanced.
• What is ADR Provider?
• "ADR Provider" means institutions or
persons accredited as mediator,
conciliator, arbitrator, neutral
evaluator, or any person exercising
similar functions in any Alternative
Dispute Resolution system.
• This is without prejudice to the rights of
the parties to choose non accredited
individuals to act as mediator,
conciliator, arbitrator, or neutral
evaluator of their dispute. (Sec. 3, par.
b, RA 9285)
• What is the liability of ADR
providers/Practitioners?
• The ADR provides /practitioners shall
have the same civil liability for acts
done in the performance of their official
duties as that of public officers as
provided in Section 38 (1), Chapter 9,
Book 1 of the Administrative Code of
1987, upon a clear showing of bad faith,
malice or gross negligence.
(Article 1.5, IRR, RA 9285)
• What are the cases wherein Republic
Act No. 9285 does not apply?
The provisions of RA 9285 shall not apply to
resolution or settlement of the following:
a. Labor disputes covered by Presidential
Decree No. 442, otherwise known as the Labor
Code of the Philippines, as amended and its
Implementing Rules and Regulations;
b. The civil status of persons;
c. The validity of a marriage;
d. Any ground for legal separation;
e. The jurisdiction of courts;
• What are the cases wherein Republic
Act No. 9285 does not apply?
f. Future legitime;
g. Criminal liability;
h. Those which by law cannot be compromised;
and
i. Those disputes referred to court-annexed
mediation. (Article 1.3, IRR, RA 9285)
• QUESTIONS?
• Assignment# 1
Read the following:
1. PD No. 1508
2. RA 7160
3. G.R. L-62339 Oct 27, 1983
• THE OFFICE FOR ALTERNATIVE DISPUTE
RESOLUTION
• The Office for Alternative Dispute
Resolution (OADR) is as an agency
attached to the Department of Justice.
It shall have a Secretariat and shall be
headed by an Executive Director, who
shall be appointed by the President of
the Philippines, taking into
consideration the recommendation of
the Secretary of Justice. (Article 2.1.,
IRR, RA 9285)
• Powers of the OADR?
The OADR shall have the following powers:
a. To act as appointing authority of mediators
and arbitrators when the parties agree in
writing that it shall be empowered to do so;
b. To conduct seminars, symposia, conferences
and other public fora and publish proceedings
of said activities and relevant
materials/information that would promote,
develop and expand the use of ADR;
• Powers of the OADR?
c. To establish an ADR library or resource center
where ADR laws, rules and regulation,
jurisprudence, books, articles and other
information about ADR in the Philippines and
elsewhere may be stored and accessed;
d. To establish training programs for ADR
providers/practitioners, both in the public and
private sectors; and to undertake periodic and
continuing training programs for arbitration and
mediation and charge fees on participants. It
may do so in conjunction with or in cooperation
with the IBP, private ADR organizations, and
local and foreign government offices and
agencies and international organizations;
• Powers of the OADR?
e. To certify those who have successfully
completed the regular professional training
programs provided by the OADR;
f. To charge for services rendered such as,
among others, for training and certifications of
ADR providers;
g. To accept donations, grants and other
assistance from local and foreign sources; and
h. To exercise such other powers as may be
necessary and proper to carry into effect the
provisions of the ADR Act. (Art. 2.2., IRR, RA
9285)
• Functions of OADR?
The OADR shall have the following functions:
a. To promote, develop and expand the use of
ADR in the private and public sectors through
information, education and communication;
b. To monitor, study and evaluate the use of
ADR by the private and public sectors for
purposes of, among others, policy formulation;
c. To recommend to Congress needful statutory
changes to develop, strengthen and improve
ADR practices in accordance with international
professional standards;
• Functions of OADR?
d. To make studies on and provide linkages for
the development, implementation, monitoring
and evaluation of government and private ADR
programs and secure information about their
respective administrative rules/procedures,
problems encountered and how they were
resolved;
e. To compile and publish a list or roster of ADR
providers/practitioners, who have undergone
training by the OADR, or by such training
providers/institutions recognized or certified by
the OADR as performing functions in any ADR
system. The list or roster shall include the
addresses, contact numbers, e-mail addresses,
ADR service/s rendered (e.g. arbitration,
mediation) and experience in ADR of the ADR
providers/practitioners;
• Functions of OADR?
f. To compile a list or roster of foreign or
international ADR providers/practitioners. The
list or roster shall include the addresses, contact
numbers, e-mail addresses, ADR service/s
rendered (e.g. arbitration, mediation) and
experience in ADR of the ADR
providers/practitioners; and
g. To perform such other functions as may be
assigned to it. (Art. 2.3., IRR, RA 9285)
• State Divisions of OADR
The OADR shall have the following staff and
service divisions, among others:
a. Secretariat – shall provide necessary support
and discharge such other functions and duties
as may be directed by the Executive Director.
b. Public information and Promotion Division –
shall be charged with the dissemination of
information, the promotion of the importance
and public acceptance of mediation,
conciliation, arbitration or any combination
thereof and other ADR forms as a means of
achieving speedy and efficient means of
resolving all disputes and to help in the
promotion, development and expansion of the
use of ADR.
• State Divisions of OADR
• c. Training Division – shall be charged
with the formulation of effective
standards for the training of ADR
practitioners; conduct of training in
accordance with such standards;
issuance of certifications of training to
ADR practitioners and ADR service
providers who have undergone the
professional training provided by the
OADR; and the coordination of the
development, implementation,
monitoring and evaluation of
government and private sector ADR
programs.
• d. Records and Library Division – shall
be charged with the establishment and
maintenance of a central repository of
ADR laws, rules and regulations,
jurisprudence, books, articles, and other
information about ADR in the
Philippines and elsewhere. (Art. 2.4.,
IRR, RA 9285)
• Advisory Council
There is also created an Advisory Council
composed of a representative from each of the
following:
a. Mediation profession;
b. Arbitration profession;
c. ADR organizations;
d. IBP; and
e. Academe.
The members of the Council, who shall be
appointed by the Secretary of Justice upon the
recommendation of the OADR Executive
Director, shall choose a Chairman from among
themselves. (Art. 2.5., IRR, RA 9285)
• Role of the Advisory Council
The Advisory Council shall advise the Executive
Director on policy, operational and other
relevant matters. The Council shall meet
regularly, at least once every two (2) months, or
upon call by the Executive Director. (Art. 2.6.,
IRR, RA 9285)
• THE BARANGAY JUSTICE SYSTEM
BOOK III: LOCAL GOVERNMENT UNITS: TITLE
ONE. THE BARANGAY
CHAPTER 1. ROLE AND CREATION OF THE
BARANGAY
SEC. 384. Role of the Barangay. As the basic
political unit, the barangay serves as the
primary planning and implementing unit of
government policies, plans, programs, projects,
and activities in the community, and as a forum
wherein the collective views of the people may
be expressed, crystallized, and considered, and
where disputes may be amicably settled.
• BOOK III: LOCAL GOVERNMENT UNITS:
TITLE ONE. THE BARANGAY
• SECTION. 385. Manner of Creation. - A
Barangay may be created, divided,
merged, abolished, or its boundary
substantially altered, by law or by an
ordinance of the Sangguniang
Panlalawigan or Sangguniang
Panlungsod, subject to approval by a
majority of the votes cast in a plebiscite
to be conducted by the Comelec in the
local government unit or units directly
affected within such period of time as
may be determined by the law or
ordinance creating said Barangay. In the
case of the creation of Barangays by the
Sangguniang Panlalawigan, the
recommendation of the Sangguniang
Bayan concerned shall be necessary.
• BOOK III: LOCAL GOVERNMENT UNITS:
TITLE ONE. THE BARANGAY
SECTION. 386. Requisites for Creation. - (a) A
Barangay maybe created out of a contiguous
territory which has a population of at least two
thousand
(2,000) inhabitants as certified by the National
Statistics Office except in
cities and municipalities within Metro Manila
and other metropolitan
political subdivisions or in highly urbanized
cities where such territory shall
have a certified population of at least five
thousand(5,000) inhabitants:
Provided, That the creation thereof shall not
reduce the population of the
original Barangay or Barangays to less than the
minimum requirement
prescribed herein.
• Barangay Officials and Offices
SECTION. 387. Chief Officials and Offices. - (a)
There shall be in each Barangay a Punong
Barangay, seven (7) Sangguniang Barangay
members, the Sangguniang Kabataan chairman,
a Barangay Secretary,
and a Barangay treasurer.
• Barangay Officials and Offices
(b) There shall also be in every Barangay a
Lupong Tagapamayapa.
The Sangguniang Barangay may form
community brigades and create such other
positions or offices as may be deemed
necessary to carry out the purposes of the
Barangay government in accordance with the
needs of public service, subject to the
budgetary limitations on personal services
prescribed under Title Five, Book II of this Code.
• Barangay Officials and Offices
SECTION. 388. Persons in Authority. - For
purposes of the Revised Penal Code, the
Punong Barangay, Sangguniang Barangay
members, and members of the Lupong
Tagapamayapa in each Barangay shall be
deemed as persons in authority in their
jurisdictions, while other Barangay officials and
members who may be designated by law or
ordinance and charged with the maintenance of
public order, protection and security of life and
property, or the maintenance of a desirable and
balanced environment, and any Barangay
member who comes to the aid of persons in
authority, shall be deemed agents of persons in
authority.
Who is the Barangay Chief Executive?
• The Sangguniang Barangay
SECTION. 390. Composition. - The Sangguniang
Barangay, the legislative body of the Barangay,
shall be composed of the Punong Barangay as
presiding officer, and the seven (7) regular
Sangguniang Barangay members elected at
large and Sangguniang Kabataan chairman, as
members.
• Powers, Duties, and Functions of the
Sangguniang Barangay
SECTION. 391. Powers, Duties, and Functions. -
(a) The Sangguniang Barangay, as the legislative
body of the Barangay, shall:
(a) Enact ordinances as may be necessary to
discharge the responsibilities conferred upon it
by law or ordinance and to promote the general
welfare of the inhabitants therein;
(b) Enact tax and revenue ordinances, subject to
the limitations imposed in this Code;
(c) Enact annual and supplemental budgets in
accordance with the provisions of this Code;
• Powers, Duties, and Functions of the
Sangguniang Barangay
(d) Provide for the construction and
maintenance of Barangay facilities and other
public works projects chargeable to the general
fund of the Barangay or such other funds
actually available for the purpose;
(e) Submit to the Sangguniang Panlungsod or
Sangguniang Bayan such suggestions or
recommendations as it may see 161 fit for the
improvement of the Barangay or for the welfare
of the inhabitants thereof;
• Powers, Duties, and Functions of the
Sangguniang Barangay
(12) Authorize the Punong Barangay to enter
into contracts in behalf of the Barangay, subject
to the provisions of this Code;
(a) Authorize the Barangay treasurer to make
direct purchases in an amount not exceeding
One thousand pesos (P1,000.00) at any one
time for the ordinary and essential
administrative needs of the Barangay;
(b) Prescribe fines in amounts not exceeding
One thousand pesos (P1,000.00) for violation of
Barangay ordinances;
(c) Provide for the administrative needs of the
Lupong Tagapamayapa and the pangkat ng
tagapagkasundo;
• Powers, Duties, and Functions of the
Sangguniang Barangay
(d) Provide for the organization of community
brigades, Barangay tanod, or community service
units as may be necessary;
(e) Organize regular lectures, programs, or fora
on community problems such as sanitation,
nutrition, literacy, and drug abuse, and convene
assemblies to encourage citizen participation in
government;
(f) Adopt measures to prevent and control the
proliferation of squatters and mendicants in the
Barangay;
• Powers, Duties, and Functions of the
Sangguniang Barangay
(g) Provide for the proper development and
welfare of children in the Barangay by
promoting and supporting activities for the
protection and total development of children,
particularly those below seven (7) years of age;
(h) Adopt measures towards the prevention and
eradication of
drug abuse, child abuse, and juvenile
delinquency;
• Powers, Duties, and Functions of the
Sangguniang Barangay
(i) Initiate the establishment of a Barangay high
school, whenever feasible, in accordance with
law;
(j) Provide for the establishment of a non-
formal education center in the Barangay
whenever feasible, in coordination with the
Department of Education, Culture and Sports, ;
(k) Provide for the delivery of basic services; and
(24) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
• PRESIDENTIAL DECREE No. 1508 June
11, 1978
Section 1. Lupong Tagapayapa
a) Creation. There is hereby created in each
barangay a body to be known as Lupong
Tagapayapa (hereinafter referred to as Lupon)
composed of the Barangay Captain as chairman
and not less than ten (10) nor more than twenty
(20) members, to be constituted every two
years in the following manner:
• Section 1. Lupong Tagapayapa
1. Any suitable person actually residing or
working in the barangay, not otherwise
expressly disqualified by law, and taking into
account considerations of integrity, impartiality,
independence of mind, sense of fairness, and
reputation for probity, including educational
attainment, may be appointed member;
2. A notice to constitute the Lupon, which shall
include the names of proposed members who
have expressed their willingness to serve, shall
be prepared by the Barangay Captain within
thirty (30) days after this Decree shall have
become effective, and thereafter within the first
ten (10) days of January of every other year.
Such notice shall be posted in three (3)
conspicuous places in the barangay
continuously for a period of not less than three
(3) weeks;
• Section 1. Lupong Tagapayapa
3. The Barangay Captain, taking into
consideration any opposition to the proposed
appointment or any recommendation/s for
appointment as may have been made within
the period of posting, shall within ten (10) days
thereafter, appoint as members those whom he
determines to be suitable therefor;
4. Appointments shall be in writing signed by
the Barangay Captain and attested by the
Barangay Secretary;
• Section 1. Lupong Tagapayapa
5. The list of appointed members shall be
posted in three (3) conspicuous places in the
barangay for the entire duration of their term of
office;
6. When used herein:
Barangay refers not only to barrios which were
declared barangays by virtue of Presidential
Decree No. 557 but also to barangays otherwise
known as citizens assemblies pursuant to
Presidential Decree No. 86.
Barangay Captain refers to the Barangay
Captains of the barrios which declared barangay
by virtue of Presidential Decree No. 557 and to
the Chairmen of barangays otherwise known as
citizens assemblies pursuant to Presidential
Decree No. 86.
• sought, together with a true copy of the
REPUBLIC ACT NO. 876
AN ACT TO AUTHORIZE THE MAKING OF
ARBITRATION AND SUBMISSION AGREEMENTS,
TO PROVIDE FOR THE APPOINTMENT OF
ARBITRATORS AND THE PROCEDURE FOR
ARBITRATION IN CIVIL CONTROVERSIES, AND
FOR OTHER PURPOSES.
Section 1. Short Title. - This Act shall be known
as "The Arbitration Law."
Section 2. Persons and matters subject to
arbitration. - Two or more persons or parties
may submit to the arbitration of one or more
arbitrators any controversy existing between
them at the time of the submission and which
may be the subject of an action, or the parties
to any contract may in such contract agree to
settle by arbitration a controversy thereafter
arising between them.
Section 3. Controversies or cases not subject to
the provisions of this Act. - This Act shall not
apply to controversies and to cases which are
subject to the jurisdiction of the Court of
Industrial Relations or which have been
submitted to it as provided by Commonwealth
Act Numbered One hundred and three, as
amended.
Section 4. Form of arbitration agreement. - A
contract to arbitrate a controversy thereafter
arising between the parties, as well as a
submission to arbitrate an existing controversy
shall be in writing and subscribed by the party
sought to be charged, or by his lawful agent.
Section 5. Preliminary procedure. - An
arbitration shall be instituted by:
(a) In the case of a contract to arbitrate future
controversies by the service by either party
upon the other of a demand for arbitration in
accordance with the contract. Such demand
shall be set forth the nature of the controversy,
the amount involved, if any, and the relief
contract providing for arbitration. The demand
shall be served upon any party either in person
or by registered mail.
(b) In the event that one party defaults in
answering the demand, the aggrieved party
may file with the Clerk of the Court of First
Instance having jurisdiction over the parties, a
copy of the demand for arbitration under the
contract to arbitrate, with a notice that the
original demand was sent by registered mail or
delivered in person to the party against whom
the claim is asserted.
(c) In the case of the submission of an existing
controversy by the filing with the Clerk of the
Court of First Instance having jurisdiction, of the
submission agreement, setting forth the nature
of the controversy, and the amount involved, if
any. Such submission may be filed by any party
and shall be duly executed by both parties.
(d) In the event that one party neglects, fails or
refuses to arbitrate under a submission
agreement, the aggrieved party shall follow the
procedure prescribed in subparagraphs (a) and
(b) of this section.
Section 6. Hearing by court. - A party aggrieved
by the failure, neglect or refusal of another to
perform under an agreement in writing
providing for arbitration may petition the court
for an order directing that such arbitration
proceed in the manner provided for in such
agreement. Five days notice in writing of the
hearing of such application shall be served
either personally or by registered mail upon the
party in default.
Section 7. Stay of civil action. - If any suit or
proceeding be brought upon an issue arising out
of an agreement providing for the arbitration
thereof, the court in which such suit or
proceeding is pending, upon being satisfied that
the issue involved in such suit or proceeding is
referable to arbitration, shall stay the action or
proceeding until an arbitration has been had in
accordance with the terms of the agreement:
Provided, That the applicant, for the stay is not
in default in proceeding with such arbitration.
Section 8. Appointment of arbitrators. - If, in the
contract for arbitration or in the submission
described in section two, provision is made for a
method of naming or appointing an arbitrator
or arbitrators, such method shall be followed;
but if no method be provided therein the Court
of First Instance shall designate an arbitrator or
arbitrators.
The Court of First Instance shall appoint an
arbitrator or arbitrators, as the case may be, in
the following instances:
(a) If the parties to the contract or submission
are unable to agree upon a single arbitrator; or
(b) If an arbitrator appointed by the parties is
unwilling or unable to serve, and his successor
has not been appointed in the manner in which
he was appointed; or
(c) If either party to the contract fails or refuses
to name his arbitrator within fifteen days after
receipt of the demand for arbitration; or
(d) If the arbitrators appointed by each party to
the contract, or appointed by one party to the
contract and by the proper Court, shall fail to
agree upon or to select the third arbitrator.
(e) The court shall, in its discretion appoint one
or three arbitrators, according to the
importance of the controversy involved in any
of the preceding cases in which the agreement
is silent as to the number of arbitrators.
(f) Arbitrators appointed under this section shall
either accept or decline their appointments
within seven days of the receipt of their
appointments. In case of declination or the
failure of an arbitrator or arbitrators to duly
accept their appointments the parties or the
court, as the case may be, shall proceed to
appoint a substitute or substitutes for the
arbitrator or arbitrators who decline or failed to
accept his or their appointments.
Section 13. Oath of arbitrators. - Before hearing
any testimony, arbitrators must be sworn, by
any officer authorized by law to administer an
oath, faithfully and fairly to hear and examine
the matters in controversy and to make a just
award according to the best of their ability and
understanding. Arbitrators shall have the power
to administer the oaths to all witnesses
requiring them to tell the whole truth and
nothing but the truth in any testimony which
they may give in any arbitration hearing. This
oath shall be required of every witness before
any of his testimony is heard.
Section 14. Subpoena and subpoena duces
tecum. - Arbitrators shall have the power to
require any person to attend a hearing as a
witness. They shall have the power to subpoena
witnesses and documents when the relevancy
of the testimony and the materiality thereof has
been demonstrated to the arbitrators.
Section 15. Hearing by arbitrators. - Arbitrators
may, at the commencement of the hearing, ask
both parties for brief statements of the issues in
controversy and/or an agreed statement of
facts. Thereafter the parties may offer such
evidence as they desire, and shall produce such
additional evidence as the arbitrators shall
require or deem necessary to an understanding
and determination of the dispute. The
arbitrators shall be the sole judge of the
relevancy and materiality of the evidence
offered or produced, and shall not be bound to
conform to the Rules of Court pertaining to
evidence.
Section 16. Briefs. - At the close of the hearings,
the arbitrators shall specifically inquire of all
parties whether they have any further proof or
witnesses to present; upon the receipt of a
negative reply from all parties, the arbitrators
shall declare the hearing closed unless the
parties have signified an intention to file briefs.
Section 17. Reopening of hearing. - The hearing
may be reopened by the arbitrators on their
own motion or upon the request of any party,
upon good cause, shown at any time before the
award is rendered. When hearings are thus
reopened the effective date for the closing of
the hearings shall be the date of the closing of
the reopened hearing.
Section 18. Proceeding in lieu of hearing. - The
parties to a submission or contract to arbitrate
may, by written agreement, submit their
dispute to arbitration by other than oral
hearing. The parties may submit an agreed
statement of facts. They may also submit their
respective contentions to the duly appointed
arbitrators in writing; this shall include a
statement of facts, together with all
documentary proof.
Section 19. Time for rendering award. - Unless
the parties shall have stipulated by written
agreement the time within which the
arbitrators must render their award, the written
award of the arbitrators shall be rendered
within thirty days after the closing of the
hearings or if the oral hearings shall have been
waived, within thirty days after the arbitrators
shall have declared such proceedings in lieu of
hearing closed. This period may be extended by
mutual consent of the parties.
Section 20. Form and contents of award. - The
award must be made in writing and signed and
acknowledged by a majority of the arbitrators, if
more than one; and by the sole arbitrator, if
there is only one. Each party shall be furnished
with a copy of the award. The arbitrators in
their award may grant any remedy or relief
which they deem just and equitable and within
the scope of the agreement of the parties,
which shall include, but not be limited to, the
specific performance of a contract.
Section 21. Fees of arbitration. - The fees of the
arbitrators shall be fifty pesos per day unless
the parties agree otherwise in writing prior to
the arbitration.
Section 23. Confirmation of award. - At any time
within one month after the award is made, any
party to the controversy which was arbitrated
may apply to the court having jurisdiction, as
provided in section twenty-eight, for an order
confirming the award; and thereupon the court
must grant such order unless the award is
vacated, modified or corrected, as prescribed
herein. Notice of such motion must be served
upon the adverse party or his attorney as
prescribed by law for the service of such notice
upon an attorney in action in the same court.
Section 24. Grounds for vacating award. - In any
one of the following cases, the court must make
an order vacating the award upon the petition
of any party to the controversy when such party
proves affirmatively that in the arbitration
proceedings:
(a) The award was procured by corruption,
fraud, or other undue means; or
(b) That there was evident partiality or
corruption in the arbitrators or any of them; or
(c) That the arbitrators were guilty of
misconduct in refusing to postpone the hearing
upon sufficient cause shown, or in refusing to
hear evidence pertinent and material to the
controversy; that one or more of the arbitrators
was disqualified to act as such under section
nine hereof, and wilfully refrained from
disclosing such disqualifications or of any other
misbehavior by which the rights of any party
have been materially prejudiced; or
(d) That the arbitrators exceeded their powers,
or so imperfectly executed them, that a mutual,
final and definite award upon the subject
matter submitted to them was not made.
Section 25. Grounds for modifying or correcting
award. - In any one of the following cases, the
court must make an order modifying or
correcting the award, upon the application of
any party to the controversy which was
arbitrated:
(a) Where there was an evident miscalculation
of figures, or an evident mistake in the
description of any person, thing or property
referred to in the award; or
(b) Where the arbitrators have awarded upon a
matter not submitted to them, not affecting the
merits of the decision upon the matter
submitted; or
(c) Where the award is imperfect in a matter of
form not affecting the merits of the
controversy, and if it had been a commissioner's
report, the defect could have been amended or
disregarded by the court.
The order may modify and correct the award so
as to effect the intent thereof and promote
justice between the parties.
Section 26. Motion to vacate, modify or correct
award: when made. - Notice of a motion to
vacate, modify or correct the award must be
served upon the adverse party or his counsel
within thirty days after award is filed or
delivered, as prescribed by law for the service
upon an attorney in an action.
Section 27. Judgment. - Upon the granting of an
order confirming, modifying or correcting an
award, judgment may be entered in conformity
therewith in the court wherein said application
was filed. Costs of the application and the
proceedings subsequent thereto may be
awarded by the court in its discretion. If
awarded, the amount thereof must be included
in the judgment.
Section 28. Papers to accompany motion to
confirm, modify, correct, or vacate award. - The
party moving for an order confirming,
modifying, correcting, or vacating an award,
shall at the time that such motion is filed with
the court for the entry of judgment thereon also
file the following papers with the Clerk of Court;
(a) The submission, or contract to arbitrate; the
appointment of the arbitrator or arbitrators;
and each written extension of the time, if any,
within which to make the award.
(b) A verified of the award.
(c) Each notice, affidavit, or other paper used
upon the application to confirm, modify, correct
or vacate such award, and a copy of each of the
court upon such application.
The judgment shall be docketed as if it were
rendered in an action.
Section 29. Appeals. - An appeal may be taken
from an order made in a proceeding under this
Act, or from a judgment entered upon an award
through certiorari proceedings, but such
appeals shall be limited to questions of law. The
proceedings upon such an appeal, including the
judgment thereon shall be governed by the
Rules of Court in so far as they are applicable.
Section 30. Death of party. - Where a party dies
after making a submission or a contract to
arbitrate as prescribed in this Act, the
proceedings may be begun or continued upon
the application of, or notice to, his executor or
administrator, or temporary administrator of his
estate. In any such case, the court may issue an
order extending the time within which notice of
a motion to confirm, vacate, modify or correct
an award must be served. Upon confirming an
award, where a party has died since it was filed
or delivered, the court must enter judgment in
the name of the original party; and the
proceedings thereupon are the same as where a
party dies after a verdict.
• RESTORATIVE JUSTICE: JUSTICE THAT
HEALS
Fundamental Concept of Restorative Justice
This lesson introduces alternatives of restoring
and reforming offenders and restitute victims
and the community with pure love and not
confrontational. It also introduces the principles
concerning the group or commission which was
tasknfor the implementation of the restorative
programs.
• What is Restorative Justice?
The Offender
Restorative Justice- is a process whereby the
stakeholders in particular offense- victims/
offenders and community- come together to
resolve collectively how to deal with the
aftermath of the offense and its implications for
the future.
• Overview of Restorative Justice
• Restorative Justice is a process whereby
the particular offense-victim/ offender
and the community come together to
resolve collectively how to deal with the
aftermath of the offense and its
implications for the future.
• Overview of Restorative Justice
• Restorative justice is a philosophy that
embraces a wide range of human
emotions including, healing, mediation,
compassion, forgiveness, mercy,
reconciliation as well as sanction when
appropriate.
• Restorative justice offers the process
whereby those affected by the criminal
behavior be they victims, offenders, the
families involved or the wider
community, all need to have a part in
resolving the issues which flow from the
offending.
• Origin
• The roots of restorative justice can be
found throughout the bible. Biblical
scholars agree that to the authors of
the Hebrew Scriptures, the justice of
God is not the quality whereby God
rewards the good and punishes the
wicked. God is just when intervenes in
the lives of the underprivileged,
especially orphans and widows, to save
them from the injustices of men.
• Restorative Justice – Core Values
• Apology- either oral or written,
recognizing responsibility and not
seeing oneself as a victim and realizing
and acknowledging the harm suffered
by the victim.
• Reintegration- earning his or her place
back in the community, particularly
 through the action plan developed providing material assistance and offering moral
under the healing the harm process. spiritual direction.

• Restorative Justice – Core Values 4. Inclusion- provide opportunities for parties

The Victim
• Harm- assessing what harm was done,
developing a case plan to repair the
harm, creating an action plan for those
responsible for healing and repairing
the harm.
with a stake in a specific crime to participate in
its resolution. The ingredients of inclusions are;
invitation, acknowledgement that the person
invited has unique interest and recognition that
he or she might want to try alternative
approaches.

• Forgiveness- the opportunity is

extended for the victim to accept an
apology from the offender and to
extend forgiveness.

• Restorative Justice – Core Values

The Community

• Relationship- healing broken

relationships and creating new
relationships.

• FOUR (4) KEY VALUES OF RETORATIVE

JUSTICE

1. Encounter- create opportunities for

victims, offenders and community
members who want to do so to meet,
to discuss the crime and its aftermath.
The elements of an encounter are:
meeting, narrative, emotion,
understanding and agreement.

2. Amends- expect offenders to take steps

to repair the harm they have caused.
The four elements of making amends
are: apology, change behavior,
restitution and generosity.

• FOUR (4) KEY VALUES OF RETORATIVE

JUSTICE

3. Reintegration- seeks to restore victims and

offenders as a whole, contributing members of
the society. The elements of reintegration are;
acknowledging human dignity and worth,