SPECIAL RULES OF COURT ON a.

Judicial Relief Involving the Issue of Existence,

ALTERNATIVE DISPUTE RESOLUTION Validity or Enforceability of the Arbitration
Agreement;
PART I GENERAL PROVISIONS AND POLICIES
b. Referral to ADR;
RULE 1: GENERAL PROVISIONS
c. Interim Measures of Protection;
Rule 1.1. Subject matter and governing rules.-The
Special Rules of Court on Alternative Dispute d. Appointment of Arbitrator;
Resolution (the "Special ADR Rules") shall apply to
and govern the following cases: e. Challenge to Appointment of Arbitrator;

a. Relief on the issue of Existence, Validity, or f. Termination of Mandate of Arbitrator;

Enforceability of the Arbitration Agreement;
g. Assistance in Taking Evidence;
b. Referral to Alternative Dispute Resolution
("ADR"); h. Confidentiality/Protective Orders; and

c. Interim Measures of Protection; i. Deposit and Enforcement of Mediated Settlement

Agreements.
d. Appointment of Arbitrator;
(A) Service and filing of petition in summary
e. Challenge to Appointment of Arbitrator; proceedings. - The petitioner shall serve, either by
personal service or courier, a copy of the petition
f. Termination of Mandate of Arbitrator; upon the respondent before the filing thereof.
Proof of service shall be attached to the petition
g. Assistance in Taking Evidence; filed in court.

h. Confirmation, Correction or Vacation of Award in For personal service, proof of service of the petition
Domestic Arbitration; consists of the affidavit of the person who effected
service, stating the time, place and manner of the
i. Recognition and Enforcement or Setting Aside of service on the respondent. For service by courier,
an Award in International Commercial Arbitration; proof of service consists of the signed courier proof
of delivery. If service is refused or has failed, the
j. Recognition and Enforcement of a Foreign Arbitral affidavit or delivery receipt must state the
Award; circumstances of the attempted service and refusal
or failure thereof.
k. Confidentiality/Protective Orders; and
(B) Notice. - Except for cases involving Referral to
l. Deposit and Enforcement of Mediated Settlement ADR and Confidentiality/Protective Orders made
Agreements. through motions, the court shall, if it finds the
petition sufficient in form and substance, send
Rule 1.2. Nature of the proceedings.-All proceedings notice to the parties directing them to appear at a
under the Special ADR Rules are special particular time and date for the hearing thereof
proceedings. which shall be set no later than five (5) days from
the lapse of the period for filing the opposition or
Rule 1.3. Summary proceedings in certain cases.- comment. The notice to the respondent shall
The proceedings in the following instances are contain a statement allowing him to file a comment
summary in nature and shall be governed by this or opposition to the petition within fifteen (15) days
provision: from receipt of the notice.

The motion filed pursuant to the rules on Referral to

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ADR or Confidentiality/Protective Orders shall be A Certification Against Forum Shopping shall be
set for hearing by the movant and contain a notice appended to all initiatory pleadings except a Motion
of hearing that complies with the requirements to Refer the Dispute to Alternative Dispute
under Rule 15 of the Rules of Court on motions. Resolution.

(C) Summary hearing. - In all cases, as far as Rule 1.6. Prohibited submissions. - The following
practicable, the summary hearing shall be pleadings, motions, or petitions shall not be allowed
conducted in one (1) day and only for purposes of in the cases governed by the Special ADR Rules and
clarifying facts. shall not be accepted for filing by the Clerk of Court:

Except in cases involving Referral to ADR or a. Motion to dismiss;

Confidentiality/Protective Orders made through
motions, it shall be the court that sets the petition b. Motion for bill of particulars;
for hearing within five (5) days from the lapse of the
period for filing the opposition or comment. c. Motion for new trial or for reopening of trial;

(D) Resolution. - The court shall resolve the matter d. Petition for relief from judgment;
within a period of thirty (30) days from the day of
the hearing. e. Motion for extension, except in cases where an
ex-parte temporary order of protection has been
Rule 1.4. Verification and submissions. -Any issued;
pleading, motion, opposition, comment, defense or
claim filed under the Special ADR Rules by the f. Rejoinder to reply;
proper party shall be supported by verified
statements that the affiant has read the same and g. Motion to declare a party in default; and
that the factual allegations therein are true and
correct of his own personal knowledge or based on h. Any other pleading specifically disallowed under
authentic records and shall contain as annexes the any provision of the Special ADR Rules.
supporting documents.
The court shall motu proprio order a
The annexes to the pleading, motion, opposition, pleading/motion that it has determined to be
comment, defense or claim filed by the proper party dilatory in nature be expunged from the records.
may include a legal brief, duly verified by the lawyer
submitting it, stating the pertinent facts, the Rule 1.7. Computation of time. - In computing any
applicable law and jurisprudence to justify the period of time prescribed or allowed by the Special
necessity for the court to rule upon the issue raised. ADR Rules, or by order of the court, or by any
applicable statute, the day of the act or event from
Rule 1.5. Certification Against Forum Shopping. - A which the designated period of time begins to run is
Certification Against Forum Shopping is one made to be excluded and the date of performance
under oath made by the petitioner or movant: (a) included. If the last day of the period, as thus
that he has not theretofore commenced any action computed, falls on a Saturday, a Sunday, or a legal
or filed any claim involving the same issues in any holiday in the place where the court sits, the time
court, tribunal or quasi-judicial agency and, to the shall not run until the next working day.
best of his knowledge, no such other action or claim
is pending therein; (b) if there is such other pending Should an act be done which effectively interrupts
action or claim, a complete statement of the the running of the period, the allowable period after
present status thereof; and (c) if he should such interruption shall start to run on the day after
thereafter learn that the same or similar action or notice of the cessation of the cause thereof.
claim has been filed or is pending, he shall report
that fact within five (5) days therefrom to the court The day of the act that caused the interruption shall
wherein his aforementioned petition or motion has be excluded from the computation of the period.
been filed.
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Rule 1.8. Service and filing of pleadings, motions petition and notice of hearing upon respondent
and other papers in non-summary proceedings. - shall be made in writing by the server and shall set
The initiatory pleadings shall be filed directly with forth the manner, place and date of service.
the court. The court will then cause the initiatory
pleading to be served upon the respondent by (B) Burden of proof. - The burden of showing that a
personal service or courier. Where an action is copy of the petition and the notice of hearing were
already pending, pleadings, motions and other served on the respondent rests on the petitioner.
papers shall be filed and/or served by the
concerned party by personal service or courier. The technical rules on service of summons do not
Where courier services are not available, resort to apply to the proceedings under the Special ADR
registered mail is allowed. Rules. In instances where the respondent, whether
a natural or a juridical person, was not personally
(A) Proof of filing. - The filing of a pleading shall be served with a copy of the petition and notice of
proved by its existence in the record of the case. If it hearing in the proceedings contemplated in the first
is not in the record, but is claimed to have been paragraph of Rule 1.3 (B), or the motion in
filed personally, the filing shall be proved by the proceedings contemplated in the second paragraph
written or stamped acknowledgment of its filing by of Rule 1.3 (B), the method of service resorted to
the clerk of court on a copy of the same; if filed by must be such as to reasonably ensure receipt
courier, by the proof of delivery from the courier thereof by the respondent to satisfy the
company. requirement of due process.

(B) Proof of service. - Proof of personal service shall Rule 1.10. Contents of petition/motion. - The
consist of a written admission by the party served, initiatory pleading in the form of a verified petition
or the official return of the server, or the affidavit of or motion, in the appropriate case where court
the party serving, containing a full statement of the proceedings have already commenced, shall include
date, place and manner of service. If the service is the names of the parties, their addresses, the
by courier, proof thereof shall consist of an affidavit necessary allegations supporting the petition and
of the proper person, stating facts showing that the the relief(s) sought.
document was deposited with the courier company
in a sealed envelope, plainly addressed to the party Rule 1.11. Definition. - The following terms shall
at his office, if known, otherwise at his residence, have the following meanings:
with postage fully pre-paid, and with instructions to
the courier to immediately provide proof of a. "ADR Laws" refers to the whole body of ADR laws
delivery. in the Philippines.

(C) Filing and service by electronic means and proof b. "Appointing Authority" shall mean the person or
thereof. - Filing and service of pleadings by institution named in the arbitration agreement as
electronic transmission may be allowed by the appointing authority; or the regular arbitration
agreement of the parties approved by the court. If institution under whose rule the arbitration is
the filing or service of a pleading or motion was agreed to be conducted. Where the parties have
done by electronic transmission, proof of filing and agreed to submit their dispute to institutional
service shall be made in accordance with the Rules arbitration rules, and unless they have agreed to a
on Electronic Evidence. different procedure, they shall be deemed to have
agreed to procedure under such arbitration rules for
Rule 1.9. No summons. - In cases covered by the the selection and appointment of arbitrators. In ad
Special ADR Rules, a court acquires authority to act hoc arbitration, the default appointment of
on the petition or motion upon proof of arbitrators shall be made by the National President
jurisdictional facts, i.e., that the respondent was of the Integrated Bar of the Philippines or his duly
furnished a copy of the petition and the notice of authorized representative.
hearing.
c. "Authenticate" means to sign, execute or use a
(A) Proof of service. - A proof of service of the symbol, or encrypt a record in whole or in part,
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intended to identify the authenticating party and to RULE 2: STATEMENT OF POLICIES
adopt, accept or establish the authenticity of a
record or term. Rule 2.1. General policies. - It is the policy of the
State to actively promote the use of various modes
d. "Foreign Arbitral Award" is one made in a country of ADR and to respect party autonomy or the
other than the Philippines. freedom of the parties to make their own
arrangements in the resolution of disputes with the
e. "Legal Brief" is a written legal argument greatest cooperation of and the least intervention
submitted to a court, outlining the facts derived from the courts. To this end, the objectives of the
from the factual statements in the witness’s Special ADR Rules are to encourage and promote
statements of fact and citing the legal authorities the use of ADR, particularly arbitration and
relied upon by a party in a case submitted in mediation, as an important means to achieve
connection with petitions, counter-petitions (i.e., speedy and efficient resolution of disputes,
petitions to vacate or to set aside and/or to impartial justice, curb a litigious culture and to de-
correct/modify in opposition to petitions to confirm clog court dockets.
or to recognize and enforce, or petitions to confirm
or to recognize and enforce in opposition to The court shall exercise the power of judicial review
petitions to vacate or set aside and/or as provided by these Special ADR Rules. Courts shall
correct/modify), motions, evidentiary issues and intervene only in the cases allowed by law or these
other matters that arise during the course of a case. Special ADR Rules.
The legal brief shall state the applicable law and the
relevant jurisprudence and the legal arguments in Rule 2.2. Policy on arbitration.- (A) Where the
support of a party’s position in the case. parties have agreed to submit their dispute to
arbitration, courts shall refer the parties to
f. "Verification" shall mean a certification under arbitration pursuant to Republic Act No. 9285
oath by a party or a person who has authority to act bearing in mind that such arbitration agreement is
for a party that he has read the pleading/motion, the law between the parties and that they are
and that he certifies to the truth of the facts stated expected to abide by it in good faith. Further, the
therein on the basis of his own personal knowledge courts shall not refuse to refer parties to arbitration
or authentic documents in his possession. When for reasons including, but not limited to, the
made by a lawyer, verification shall mean a following:
statement under oath by a lawyer signing a
pleading/motion for delivery to the Court or to the a. The referral tends to oust a court of its
parties that he personally prepared the jurisdiction;
pleading/motion, that there is sufficient factual
basis for the statements of fact stated therein, that b. The court is in a better position to resolve the
there is sufficient basis in the facts and the law to dispute subject of arbitration;
support the prayer for relief therein, and that the
pleading/motion is filed in good faith and is not c. The referral would result in multiplicity of suits;
interposed for delay.
d. The arbitration proceeding has not commenced;
Rule 1.12. Applicability of Part II on Specific Court
Relief. - Part II of the Special ADR Rules on Specific e. The place of arbitration is in a foreign country;
Court Relief, insofar as it refers to arbitration, shall
also be applicable to other forms of ADR. f. One or more of the issues are legal and one or
more of the arbitrators are not lawyers;
Rule 1.13. Spirit and intent of the Special ADR
Rules. – In situations where no specific rule is g. One or more of the arbitrators are not Philippine
provided under the Special ADR Rules, the court nationals; or
shall resolve such matter summarily and be guided
by the spirit and intent of the Special ADR Rules and h. One or more of the arbitrators are alleged not to
the ADR Laws. possess the required qualification under the
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arbitration agreement or law. such issues.

(B) Where court intervention is allowed under ADR Where the court is asked to make a determination
Laws or the Special ADR Rules, courts shall not of whether the arbitration agreement is null and
refuse to grant relief, as provided herein, for any of void, inoperative or incapable of being performed,
the following reasons: under this policy of judicial restraint, the court must
make no more than a prima facie determination of
a. Prior to the constitution of the arbitral tribunal, that issue.
the court finds that the principal action is the
subject of an arbitration agreement; or Unless the court, pursuant to such prima facie
determination, concludes that the arbitration
b. The principal action is already pending before an agreement is null and void, inoperative or incapable
arbitral tribunal. of being performed, the court must suspend the
action before it and refer the parties to arbitration
The Special ADR Rules recognize the principle of pursuant to the arbitration agreement.
competence-competence, which means that the
arbitral tribunal may initially rule on its own Rule 2.5. Policy on mediation. - The Special ADR
jurisdiction, including any objections with respect to Rules do not apply to Court-Annexed Mediation,
the existence or validity of the arbitration which shall be governed by issuances of the
agreement or any condition precedent to the filing Supreme Court.
of a request for arbitration.
Where the parties have agreed to submit their
The Special ADR Rules recognize the principle of dispute to mediation, a court before which that
separability of the arbitration clause, which means dispute was brought shall suspend the proceedings
that said clause shall be treated as an agreement and direct the parties to submit their dispute to
independent of the other terms of the contract of private mediation. If the parties subsequently agree,
which it forms part. A decision that the contract is however, they may opt to have their dispute settled
null and void shall not entail ipso jure the invalidity through Court-Annexed Mediation.
of the arbitration clause.
Rule 2.6. Policy on Arbitration-Mediation or
Rule 2.3. Rules governing arbitral proceedings. - The Mediation-Arbitration. - No arbitrator shall act as a
parties are free to agree on the procedure to be mediator in any proceeding in which he is acting as
followed in the conduct of arbitral proceedings. arbitrator; and all negotiations towards settlement
Failing such agreement, the arbitral tribunal may of the dispute must take place without the presence
conduct arbitration in the manner it considers of that arbitrator. Conversely, no mediator shall act
appropriate. as arbitrator in any proceeding in which he acted as
mediator.
Rule 2.4. Policy implementing competence-
competence principle. - The arbitral tribunal shall be Rule 2.7. Conversion of a settlement agreement to
accorded the first opportunity or competence to an arbitral award. - Where the parties to mediation
rule on the issue of whether or not it has the have agreed in the written settlement agreement
competence or jurisdiction to decide a dispute that the mediator shall become the sole arbitrator
submitted to it for decision, including any objection for the dispute or that the settlement agreement
with respect to the existence or validity of the shall become an arbitral award, the sole arbitrator
arbitration agreement. When a court is asked to shall issue the settlement agreement as an arbitral
rule upon issue/s affecting the competence or award, which shall be subject to enforcement under
jurisdiction of an arbitral tribunal in a dispute the law.
brought before it, either before or after the arbitral
tribunal is constituted, the court must exercise PART IISPECIFIC COURT RELIEF
judicial restraint and defer to the competence or
jurisdiction of the arbitral tribunal by allowing the RULE 3: JUDICIAL RELIEF INVOLVING THE ISSUE OF
arbitral tribunal the first opportunity to rule upon EXISTENCE, VALIDITY AND ENFORCEABILITY OF THE
5
 ARBITRATION AGREEMENT by the petitioner to establish his position; and

Rule 3.1. When judicial relief is available. - The d. The relief/s sought.
judicial relief provided in Rule 3, whether resorted
to before or after commencement of arbitration, Apart from other submissions, the petitioner must
shall apply only when the place of arbitration is in attach to the petition an authentic copy of the
the Philippines. arbitration agreement.

A. Judicial Relief before Commencement of Rule 3.7. Comment/Opposition. – The

Arbitration comment/opposition of the respondent must be
filed within fifteen (15) days from service of the
Rule 3.2. Who may file petition. - Any party to an petition.
arbitration agreement may petition the appropriate
court to determine any question concerning the Rule 3.8. Court action. - In resolving the petition,
existence, validity and enforceability of such the court must exercise judicial restraint in
arbitration agreement serving a copy thereof on the accordance with the policy set forth in Rule 2.4,
respondent in accordance with Rule 1.4 (A). deferring to the competence or jurisdiction of the
arbitral tribunal to rule on its competence or
Rule 3.3. When the petition may be filed. - The jurisdiction.
petition for judicial determination of the existence,
validity and/or enforceability of an arbitration Rule 3.9. No forum shopping. - A petition for judicial
agreement may be filed at any time prior to the relief under this Rule may not be commenced when
commencement of arbitration. the existence, validity or enforceability of an
arbitration agreement has been raised as one of the
Despite the pendency of the petition provided issues in a prior action before the same or another
herein, arbitral proceedings may nevertheless be court.
commenced and continue to the rendition of an
award, while the issue is pending before the court. Rule 3.10. Application for interim relief. - If the
petitioner also applies for an interim measure of
Rule 3.4. Venue. - A petition questioning the protection, he must also comply with the
existence, validity and enforceability of an requirements of the Special ADR Rules for the
arbitration agreement may be filed before the application for an interim measure of protection.
Regional Trial Court of the place where any of the
petitioners or respondents has his principal place of Rule 3.11. Relief against court action. - Where there
business or residence. is a prima facie determination upholding the
arbitration agreement.-A prima facie determination
Rule 3.5. Grounds. - A petition may be granted only by the court upholding the existence, validity or
if it is shown that the arbitration agreement is, enforceability of an arbitration agreement shall not
under the applicable law, invalid, void, be subject to a motion for reconsideration, appeal
unenforceable or inexistent. or certiorari.

Rule 3.6. Contents of petition. - The verified petition Such prima facie determination will not, however,
shall state the following: prejudice the right of any party to raise the issue of
the existence, validity and enforceability of the
a. The facts showing that the persons named as arbitration agreement before the arbitral tribunal or
petitioner or respondent have legal capacity to sue the court in an action to vacate or set aside the
or be sued; arbitral award. In the latter case, the court’s review
of the arbitral tribunal’s ruling upholding the
b. The nature and substance of the dispute between existence, validity or enforceability of the
the parties; arbitration agreement shall no longer be limited to
a mere prima facie determination of such issue or
c. The grounds and the circumstances relied upon issues as prescribed in this Rule, but shall be a full
6
review of such issue or issues with due regard, The arbitrators shall be impleaded as nominal
however, to the standard for review for arbitral parties to the case and shall be notified of the
awards prescribed in these Special ADR Rules. progress of the case.

B. Judicial Relief after Arbitration Commences Rule 3.17. Comment/Opposition. - The

comment/opposition must be filed within fifteen
Rule 3.12. Who may file petition. - Any party to (15) days from service of the petition.
arbitration may petition the appropriate court for
judicial relief from the ruling of the arbitral tribunal Rule 3.18. Court action. - (A) Period for resolving the
on a preliminary question upholding or declining its petition.- The court shall render judgment on the
jurisdiction. Should the ruling of the arbitral tribunal basis of the pleadings filed and the evidence, if any,
declining its jurisdiction be reversed by the court, submitted by the parties, within thirty (30) days
the parties shall be free to replace the arbitrators or from the time the petition is submitted for
any one of them in accordance with the rules that resolution.
were applicable for the appointment of arbitrator
sought to be replaced. (B) No injunction of arbitration proceedings. - The
court shall not enjoin the arbitration proceedings
Rule 3.13. When petition may be filed. - The petition during the pendency of the petition.
may be filed within thirty (30) days after having
received notice of that ruling by the arbitral Judicial recourse to the court shall not prevent the
tribunal. arbitral tribunal from continuing the proceedings
and rendering its award.
Rule 3.14. Venue. - The petition may be filed before
the Regional Trial Court of the place where (C) When dismissal of petition is appropriate. - The
arbitration is taking place, or where any of the court shall dismiss the petition if it fails to comply
petitioners or respondents has his principal place of with Rule 3.16 above; or if upon consideration of
business or residence. the grounds alleged and the legal briefs submitted
by the parties, the petition does not appear to be
Rule 3.15. Grounds. - The petition may be granted prima facie meritorious.
when the court finds that the arbitration agreement
is invalid, inexistent or unenforceable as a result of Rule 3.19. Relief against court action. - The
which the arbitral tribunal has no jurisdiction to aggrieved party may file a motion for
resolve the dispute. reconsideration of the order of the court. The
decision of the court shall, however, not be subject
Rule 3.16. Contents of petition. - The petition shall to appeal. The ruling of the court affirming the
state the following: arbitral tribunal’s jurisdiction shall not be subject to
a petition for certiorari. The ruling of the court that
a. The facts showing that the person named as the arbitral tribunal has no jurisdiction may be the
petitioner or respondent has legal capacity to sue or subject of a petition for certiorari.
be sued;
Rule 3.20. Where no petition is allowed. - Where the
b. The nature and substance of the dispute between arbitral tribunal defers its ruling on preliminary
the parties; question regarding its jurisdiction until its final
award, the aggrieved party cannot seek judicial
c. The grounds and the circumstances relied upon relief to question the deferral and must await the
by the petitioner; and final arbitral award before seeking appropriate
judicial recourse.
d. The relief/s sought.
A ruling by the arbitral tribunal deferring resolution
In addition to the submissions, the petitioner shall on the issue of its jurisdiction until final award, shall
attach to the petition a copy of the request for not be subject to a motion for reconsideration,
arbitration and the ruling of the arbitral tribunal. appeal or a petition for certiorari.
7
Rule 3.21. Rendition of arbitral award before court The request shall contain a notice of hearing
decision on petition from arbitral tribunal’s addressed to all parties specifying the date and time
preliminary ruling on jurisdiction. - If the arbitral when it would be heard. The party making the
tribunal renders a final arbitral award and the Court request shall serve it upon the respondent to give
has not rendered a decision on the petition from him the opportunity to file a comment or opposition
the arbitral tribunal’s preliminary ruling affirming its as provided in the immediately succeeding Rule
jurisdiction, that petition shall become ipso facto before the hearing.
moot and academic and shall be dismissed by the
Regional Trial Court. The dismissal shall be without Rule 4.4. Comment/Opposition. - The
prejudice to the right of the aggrieved party to raise comment/opposition must be filed within fifteen
the same issue in a timely petition to vacate or set (15) days from service of the petition. The
aside the award. comment/opposition should show that: (a) there is
no agreement to refer the dispute to arbitration;
Rule 3.22. Arbitral tribunal a nominal party. - The and/or (b) the agreement is null and void; and/or (c)
arbitral tribunal is only a nominal party. The court the subject-matter of the dispute is not capable of
shall not require the arbitral tribunal to submit any settlement or resolution by arbitration in
pleadings or written submissions but may consider accordance with Section 6 of the ADR Act.
the same should the latter participate in the
proceedings, but only as nominal parties thereto. Rule 4.5. Court action. - After hearing, the court
shall stay the action and, considering the statement
RULE 4: REFERRAL TO ADR of policy embodied in Rule 2.4, above, refer the
parties to arbitration if it finds prima facie, based on
Rule 4.1. Who makes the request. - A party to a the pleadings and supporting documents submitted
pending action filed in violation of the arbitration by the parties, that there is an arbitration
agreement, whether contained in an arbitration agreement and that the subject-matter of the
clause or in a submission agreement, may request dispute is capable of settlement or resolution by
the court to refer the parties to arbitration in arbitration in accordance with Section 6 of the ADR
accordance with such agreement. Act. Otherwise, the court shall continue with the
judicial proceedings.
Rule 4.2. When to make request. - (A) Where the
arbitration agreement exists before the action is Rule 4.6. No reconsideration, appeal or certiorari. -
filed. - The request for referral shall be made not An order referring the dispute to arbitration shall be
later than the pre-trial conference. After the pre- immediately executory and shall not be subject to a
trial conference, the court will only act upon the motion for reconsideration, appeal or petition for
request for referral if it is made with the agreement certiorari.
of all parties to the case.
An order denying the request to refer the dispute to
(B) Submission agreement. - If there is no existing arbitration shall not be subject to an appeal, but
arbitration agreement at the time the case is filed may be the subject of a motion for reconsideration
but the parties subsequently enter into an and/or a petition for certiorari.
arbitration agreement, they may request the court
to refer their dispute to arbitration at any time Rule 4.7. Multiple actions and parties. - The court
during the proceedings. shall not decline to refer some or all of the parties
to arbitration for any of the following reasons:
Rule 4.3. Contents of request. - The request for
referral shall be in the form of a motion, which shall a. Not all of the disputes subject of the civil action
state that the dispute is covered by an arbitration may be referred to arbitration;
agreement.
b. Not all of the parties to the civil action are bound
Apart from other submissions, the movant shall by the arbitration agreement and referral to
attach to his motion an authentic copy of the arbitration would result in multiplicity of suits;
arbitration agreement.
8
c. The issues raised in the civil action could be being performed, threatened to be performed or
speedily and efficiently resolved in its entirety by not being performed; or
the court rather than in arbitration;
d. Where the real property subject of arbitration, or
d. Referral to arbitration does not appear to be the a portion thereof is situated.
most prudent action; or
Rule 5.4. Grounds. - The following grounds, while
e. The stay of the action would prejudice the rights not limiting the reasons for the court to grant an
of the parties to the civil action who are not bound interim measure of protection, indicate the nature
by the arbitration agreement. of the reasons that the court shall consider in
granting the relief:
The court may, however, issue an order directing
the inclusion in arbitration of those parties who are a. The need to prevent irreparable loss or injury;
not bound by the arbitration agreement but who
agree to such inclusion provided those originally b. The need to provide security for the performance
bound by it do not object to their inclusion. of any obligation;

Rule 4.8. Arbitration to proceed.- Despite the c. The need to produce or preserve evidence; or
pendency of the action referred to in Rule 4.1,
above, arbitral proceedings may nevertheless be d. The need to compel any other appropriate act or
commenced or continued, and an award may be omission.
made, while the action is pending before the court.
Rule 5.5. Contents of the petition. - The verified
RULE 5: INTERIM MEASURES OF PROTECTION petition must state the following:

Rule 5.1. Who may ask for interim measures of a. The fact that there is an arbitration agreement;
protection. - A party to an arbitration agreement
may petition the court for interim measures of b. The fact that the arbitral tribunal has not been
protection. constituted, or if constituted, is unable to act or
would be unable to act effectively;
Rule 5.2. When to petition. - A petition for an
interim measure of protection may be made (a) c. A detailed description of the appropriate relief
before arbitration is commenced, (b) after sought;
arbitration is commenced, but before the
constitution of the arbitral tribunal, or (c) after the d. The grounds relied on for the allowance of the
constitution of the arbitral tribunal and at any time petition
during arbitral proceedings but, at this stage, only
to the extent that the arbitral tribunal has no power Apart from other submissions, the petitioner must
to act or is unable to act effectively. attach to his petition an authentic copy of the
arbitration agreement.
Rule 5.3. Venue. - A petition for an interim measure
of protection may be filed with the Regional Trial Rule 5.6. Type of interim measure of protection that
Court, which has jurisdiction over any of the a court may grant.- The following, among others,
following places: are the interim measures of protection that a court
may grant:
a. Where the principal place of business of any of
the parties to arbitration is located; a. Preliminary injunction directed against a party to
arbitration;
b. Where any of the parties who are individuals
resides; b. Preliminary attachment against property or
garnishment of funds in the custody of a bank or a
c. Where any of the acts sought to be enjoined are
9
third person; require the petitioner, within five (5) days from
receipt of that order, to post a bond to answer for
c. Appointment of a receiver; any damage that respondent may suffer as a result
of its order. The ex-parte temporary order of
d. Detention, preservation, delivery or inspection of protection shall be valid only for a period of twenty
property; or, (20) days from the service on the party required to
comply with the order. Within that period, the court
e. Assistance in the enforcement of an interim shall:
measure of protection granted by the arbitral
tribunal, which the latter cannot enforce effectively. a. Furnish the respondent a copy of the petition and
a notice requiring him to comment thereon on or
Rule 5.7. Dispensing with prior notice in certain before the day the petition will be heard; and
cases. - Prior notice to the other party may be
dispensed with when the petitioner alleges in the b. Notify the parties that the petition shall be heard
petition that there is an urgent need to either (a) on a day specified in the notice, which must not be
preserve property, (b) prevent the respondent from beyond the twenty (20) day period of the effectivity
disposing of, or concealing, the property, or (c) of the ex-parte order.
prevent the relief prayed for from becoming illusory
because of prior notice, and the court finds that the The respondent has the option of having the
reason/s given by the petitioner are meritorious. temporary order of protection lifted by posting an
appropriate counter-bond as determined by the
Rule 5.8. Comment/Opposition. - The court.
comment/opposition must be filed within fifteen
(15) days from service of the petition. The If the respondent requests the court for an
opposition or comment should state the reasons extension of the period to file his opposition or
why the interim measure of protection should not comment or to reset the hearing to a later date, and
be granted. such request is granted, the court shall extend the
period of validity of the ex-parte temporary order of
Rule 5.9. Court action. - After hearing the petition, protection for no more than twenty days from
the court shall balance the relative interests of the expiration of the original period.
parties and inconveniences that may be caused, and
on that basis resolve the matter within thirty (30) After notice and hearing, the court may either grant
days from (a) submission of the opposition, or (b) or deny the petition for an interim measure of
upon lapse of the period to file the same, or (c) protection. The order granting or denying any
from termination of the hearing that the court may application for interim measure of protection in aid
set only if there is a need for clarification or further of arbitration must indicate that it is issued without
argument. prejudice to subsequent grant, modification,
amendment, revision or revocation by an arbitral
If the other parties fail to file their opposition on or tribunal.
before the day of the hearing, the court shall motu
proprio render judgment only on the basis of the Rule 5.10. Relief against court action. - If
allegations in the petition that are substantiated by respondent was given an opportunity to be heard
supporting documents and limited to what is prayed on a petition for an interim measure of protection,
for therein. any order by the court shall be immediately
executory, but may be the subject of a motion for
In cases where, based solely on the petition, the reconsideration and/or appeal or, if warranted, a
court finds that there is an urgent need to either (a) petition for certiorari.
preserve property, (b) prevent the respondent from
disposing of, or concealing, the property, or (c) Rule 5.11. Duty of the court to refer back. - The
prevent the relief prayed for from becoming illusory court shall not deny an application for assistance in
because of prior notice, it shall issue an immediately implementing or enforcing an interim measure of
executory temporary order of protection and protection ordered by an arbitral tribunal on any or
10
all of the following grounds: the authority to decide such question.

a. The arbitral tribunal granted the interim relief ex Rule 5.15. Court to defer action on petition for an
parte; or interim measure of protection when informed of
constitution of the arbitral tribunal. - The court shall
b. The party opposing the application found new defer action on any pending petition for an interim
material evidence, which the arbitral tribunal had measure of protection filed by a party to an
not considered in granting in the application, and arbitration agreement arising from or in connection
which, if considered, may produce a different result; with a dispute thereunder upon being informed
or that an arbitral tribunal has been constituted
pursuant to such agreement. The court may act
c. The measure of protection ordered by the arbitral upon such petition only if it is established by the
tribunal amends, revokes, modifies or is petitioner that the arbitral tribunal has no power to
inconsistent with an earlier measure of protection act on any such interim measure of protection or is
issued by the court. unable to act thereon effectively.

If it finds that there is sufficient merit in the Rule 5.16. Court assistance should arbitral tribunal
opposition to the application based on letter (b) be unable to effectively enforce interim measure of
above, the court shall refer the matter back to the protection. - The court shall assist in the
arbitral tribunal for appropriate determination. enforcement of an interim measure of protection
issued by the arbitral tribunal which it is unable to
Rule 5.12. Security. - The order granting an interim effectively enforce.
measure of protection may be conditioned upon the
provision of security, performance of an act, or RULE 6: APPOINTMENT OF ARBITRATORS
omission thereof, specified in the order.
Rule 6.1. When the court may act as Appointing
The Court may not change or increase or decrease Authority. - The court shall act as Appointing
the security ordered by the arbitral tribunal. Authority only in the following instances:

Rule 5.13. Modification, amendment, revision or a. Where any of the parties in an institutional
revocation of court’s previously issued interim arbitration failed or refused to appoint an arbitrator
measure of protection. - Any court order granting or or when the parties have failed to reach an
denying interim measure/s of protection is issued agreement on the sole arbitrator (in an arbitration
without prejudice to subsequent grant, before a sole arbitrator) or when the two
modification, amendment, revision or revocation by designated arbitrators have failed to reach an
the arbitral tribunal as may be warranted. agreement on the third or presiding arbitrator (in an
arbitration before a panel of three arbitrators), and
An interim measure of protection issued by the the institution under whose rules arbitration is to be
arbitral tribunal shall, upon its issuance be deemed conducted fails or is unable to perform its duty as
to have ipso jure modified, amended, revised or appointing authority within a reasonable time from
revoked an interim measure of protection receipt of the request for appointment;
previously issued by the court to the extent that it is
inconsistent with the subsequent interim measure b. In all instances where arbitration is ad hoc and
of protection issued by the arbitral tribunal. the parties failed to provide a method for
appointing or replacing an arbitrator, or substitute
Rule 5.14. Conflict or inconsistency between interim arbitrator, or the method agreed upon is ineffective,
measure of protection issued by the court and by and the National President of the Integrated Bar of
the arbitral tribunal. - Any question involving a the Philippines (IBP) or his duly authorized
conflict or inconsistency between an interim representative fails or refuses to act within such
measure of protection issued by the court and by period as may be allowed under the pertinent rules
the arbitral tribunal shall be immediately referred of the IBP or within such period as may be agreed
by the court to the arbitral tribunal which shall have upon by the parties, or in the absence thereof,
11
within thirty (30) days from receipt of such request justifiable cause, has failed or refused to act as such
for appointment; within the time prescribed or in the absence
thereof, within a reasonable time, from the date a
c. Where the parties agreed that their dispute shall request is made; and
be resolved by three arbitrators but no method of
appointing those arbitrators has been agreed upon, f. The petitioner is not the cause of the delay in, or
each party shall appoint one arbitrator and the two failure of, the appointment of the arbitrator.
arbitrators thus appointed shall appoint a third
arbitrator. If a party fails to appoint his arbitrator Apart from other submissions, the petitioner must
within thirty (30) days of receipt of a request to do attach to the petition (a) an authentic copy of the
so from the other party, or if the two arbitrators fail arbitration agreement, and (b) proof that the
to agree on the third arbitrator within a reasonable Appointing Authority has been notified of the filing
time from their appointment, the appointment shall of the petition for appointment with the court.
be made by the Appointing Authority. If the latter
fails or refuses to act or appoint an arbitrator within Rule 6.5. Comment/Opposition. - The
a reasonable time from receipt of the request to do comment/opposition must be filed within fifteen
so, any party or the appointed arbitrator/s may (15) days from service of the petition.
request the court to appoint an arbitrator or the
third arbitrator as the case may be. Rule 6.6. Submission of list of arbitrators. - The
court may, at its option, also require each party to
Rule 6.2. Who may request for appointment. - Any submit a list of not less than three (3) proposed
party to an arbitration may request the court to act arbitrators together with their curriculum vitae.
as an Appointing Authority in the instances
specified in Rule 6.1 above. Rule 6.7. Court action. - After hearing, if the court
finds merit in the petition, it shall appoint an
Rule 6.3. Venue. - The petition for appointment of arbitrator; otherwise, it shall dismiss the petition.
arbitrator may be filed, at the option of the
petitioner, in the Regional Trial Court (a) where the In making the appointment, the court shall have
principal place of business of any of the parties is regard to such considerations as are likely to secure
located, (b) if any of the parties are individuals, the appointment of an independent and impartial
where those individuals reside, or (c) in the National arbitrator.
Capital Region.
At any time after the petition is filed and before the
Rule 6.4. Contents of the petition. -The petition shall court makes an appointment, it shall also dismiss
state the following: the petition upon being informed that the
Appointing Authority has already made the
a. The general nature of the dispute; appointment.

b. If the parties agreed on an appointment Rule 6.8. Forum shopping prohibited. - When there
procedure, a description of that procedure with is a pending petition in another court to declare the
reference to the agreement where such may be arbitration agreement inexistent, invalid,
found; unenforceable, on account of which the respondent
failed or refused to participate in the selection and
c. The number of arbitrators agreed upon or the appointment of a sole arbitrator or to appoint a
absence of any agreement as to the number of party-nominated arbitrator, the petition filed under
arbitrators; this rule shall be dismissed.

d. The special qualifications that the arbitrator/s Rule 6.9. Relief against court action. - If the court
must possess, if any, that were agreed upon by the appoints an arbitrator, the order appointing an
parties; arbitrator shall be immediately executory and shall
not be the subject of a motion for reconsideration,
e. The fact that the Appointing Authority, without appeal or certiorari. An order of the court denying
12
the petition for appointment of an arbitrator may, by the challenged arbitrator/s; and
however, be the subject of a motion for
reconsideration, appeal or certiorari. d. The facts showing that the Appointing Authority
failed or refused to act on the challenge.
RULE 7: CHALLENGE TO APPOINTMENT OF
ARBITRATOR The court shall dismiss the petition motu proprio
unless it is clearly alleged therein that the
Rule 7.1. Who may challenge. - Any of the parties to Appointing Authority charged with deciding the
an arbitration may challenge an arbitrator. challenge, after the resolution of the arbitral
tribunal rejecting the challenge is raised or
Rule 7.2. When challenge may be raised in court. - contested before such Appointing Authority, failed
When an arbitrator is challenged before the arbitral or refused to act on the challenge within thirty (30)
tribunal under the procedure agreed upon by the days from receipt of the request or within such
parties or under the procedure provided for in longer period as may apply or as may have been
Article 13 (2) of the Model Law and the challenge is agreed upon by the parties.
not successful, the aggrieved party may request the
Appointing Authority to rule on the challenge, and it Rule 7.6. Comment/Opposition. - The challenged
is only when such Appointing Authority fails or arbitrator or other parties may file a comment or
refuses to act on the challenge within such period opposition within fifteen (15) days from service of
as may be allowed under the applicable rule or in the petition.
the absence thereof, within thirty (30) days from
receipt of the request, that the aggrieved party may Rule 7.7. Court action. - After hearing, the court
renew the challenge in court. shall remove the challenged arbitrator if it finds
merit in the petition; otherwise, it shall dismiss the
Rule 7.3. Venue. - The challenge shall be filed with petition.
the Regional Trial Court (a) where the principal
place of business of any of the parties is located, (b) The court shall allow the challenged arbitrator who
if any of the parties are individuals, where those subsequently agrees to accept the challenge to
individuals reside, or (c) in the National Capital withdraw as arbitrator.
Region.
The court shall accept the challenge and remove the
Rule 7.4. Grounds. - An arbitrator may be arbitrator in the following cases:
challenged on any of the grounds for challenge
provided for in Republic Act No. 9285 and its a. The party or parties who named and appointed
implementing rules, Republic Act No. 876 or the the challenged arbitrator agree to the challenge and
Model Law. The nationality or professional withdraw the appointment.
qualification of an arbitrator is not a ground to
challenge an arbitrator unless the parties have b. The other arbitrators in the arbitral tribunal agree
specified in their arbitration agreement a nationality to the removal of the challenged arbitrator; and
and/or professional qualification for appointment as
arbitrator. c. The challenged arbitrator fails or refuses to
submit his comment on the petition or the brief of
Rule 7.5. Contents of the petition. - The petition legal arguments as directed by the court, or in such
shall state the following: comment or legal brief, he fails to object to his
removal following the challenge.
a. The name/s of the arbitrator/s challenged and
his/their address; The court shall decide the challenge on the basis of
evidence submitted by the parties.
b. The grounds for the challenge;
The court will decide the challenge on the basis of
c. The facts showing that the ground for the the evidence submitted by the parties in the
challenge has been expressly or impliedly rejected following instances:
13
a. The other arbitrators in the arbitral tribunal agree or de facto unable to perform his function or for
to the removal of the challenged arbitrator; and other reasons fails to act without undue delay and
that arbitrator, upon request of any party, fails or
b. If the challenged arbitrator fails or refuses to refuses to withdraw from his office.
submit his comment on the petition or the brief of
legal arguments as directed by the court, or in such Rule 8.2. When to request. - If an arbitrator refuses
comment or brief of legal arguments, he fails to to withdraw from his office, and subsequently, the
object to his removal following the challenge. Appointing Authority fails or refuses to decide on
the termination of the mandate of that arbitrator
Rule 7.8. No motion for reconsideration, appeal or within such period as may be allowed under the
certiorari. - Any order of the court resolving the applicable rule or, in the absence thereof, within
petition shall be immediately executory and shall thirty (30) days from the time the request is brought
not be the subject of a motion for reconsideration, before him, any party may file with the court a
appeal, or certiorari. petition to terminate the mandate of that
arbitrator.
Rule 7.9. Reimbursement of expenses and
reasonable compensation to challenged arbitrator. - Rule 8.3. Venue. - A petition to terminate the
Unless the bad faith of the challenged arbitrator is mandate of an arbitrator may, at that petitioner’s
established with reasonable certainty by concealing option, be filed with the Regional Trial Court (a)
or failing to disclose a ground for his where the principal place of business of any of the
disqualification, the challenged arbitrator shall be parties is located, (b) where any of the parties who
entitled to reimbursement of all reasonable are individuals resides, or (c) in the National Capital
expenses he may have incurred in attending to the Region.
arbitration and to a reasonable compensation for
his work on the arbitration. Such expenses include, Rule 8.4. Contents of the petition. - The petition
but shall not be limited to, transportation and hotel shall state the following:
expenses, if any. A reasonable compensation shall
be paid to the challenged arbitrator on the basis of a. The name of the arbitrator whose mandate is
the length of time he has devoted to the arbitration sought to be terminated;
and taking into consideration his stature and
reputation as an arbitrator. The request for b. The ground/s for termination;
reimbursement of expenses and for payment of a
reasonable compensation shall be filed in the same c. The fact that one or all of the parties had
case and in the court where the petition to replace requested the arbitrator to withdraw but he failed
the challenged arbitrator was filed. The court, in or refused to do so;
determining the amount of the award to the
challenged arbitrator, shall receive evidence of d. The fact that one or all of the parties requested
expenses to be reimbursed, which may consist of air the Appointing Authority to act on the request for
tickets, hotel bills and expenses, and inland the termination of the mandate of the arbitrator
transportation. The court shall direct the and failure or inability of the Appointing Authority
challenging party to pay the amount of the award to to act within thirty (30) days from the request of a
the court for the account of the challenged party or parties or within such period as may have
arbitrator, in default of which the court may issue a been agreed upon by the parties or allowed under
writ of execution to enforce the award. the applicable rule.

RULE 8: TERMINATION OF THE MANDATE OF The petitioner shall further allege that one or all of
ARBITRATOR the parties had requested the arbitrator to
withdraw but he failed or refused to do so.
Rule 8.1. Who may request termination and on
what grounds.- Any of the parties to an arbitration Rule 8.5. Comment/Opposition. - The
may request for the termination of the mandate of comment/opposition must be filed within fifteen
an arbitrator where an arbitrator becomes de jure (15) days from service of the petition.
14
Rule 8.6. Court action. - After hearing, if the court a. To comply with a subpoena ad testificandum
finds merit in the petition, it shall terminate the and/or subpoena duces tecum;
mandate of the arbitrator who refuses to withdraw
from his office; otherwise, it shall dismiss the b. To appear as a witness before an officer for the
petition. taking of his deposition upon oral examination or by
written interrogatories;
Rule 8.7. No motion for reconsideration or appeal. -
Any order of the court resolving the petition shall be c. To allow the physical examination of the
immediately executory and shall not be subject of a condition of persons, or the inspection of things or
motion for reconsideration, appeal or petition for premises and, when appropriate, to allow the
certiorari. recording and/or documentation of condition of
persons, things or premises (i.e., photographs, video
Rule 8.8. Appointment of substitute arbitrator. - and other means of recording/documentation);
Where the mandate of an arbitrator is terminated,
or he withdraws from office for any other reason, or d. To allow the examination and copying of
because of his mandate is revoked by agreement of documents; and
the parties or is terminated for any other reason, a
substitute arbitrator shall be appointed according to e. To perform any similar acts.
the rules that were applicable to the appointment
of the arbitrator being replaced. Rule 9.6. Contents of the petition. - The petition
must state the following:
RULE 9: ASSISTANCE IN TAKING EVIDENCE
a. The fact that there is an ongoing arbitration
Rule 9.1. Who may request assistance. - Any party proceeding even if such proceeding could not
to an arbitration, whether domestic or foreign, may continue due to some legal impediments;
request the court to provide assistance in taking
evidence. b. The arbitral tribunal ordered the taking of
evidence or the party desires to present evidence to
Rule 9.2. When assistance may be sought. - the arbitral tribunal;
Assistance may be sought at any time during the
course of the arbitral proceedings when the need c. Materiality or relevance of the evidence to be
arises. taken; and

Rule 9.3. Venue. - A petition for assistance in taking d. The names and addresses of the intended
evidence may, at the option of the petitioner, be witness/es, place where the evidence may be
filed with Regional Trial Court where (a) arbitration found, the place where the premises to be
proceedings are taking place, (b) the witnesses inspected are located or the place where the acts
reside or may be found, or (c) where the evidence required are to be done.
may be found.
Rule 9.7. Comment/Opposition. - The
Rule 9.4. Ground. - The court may grant or execute comment/opposition must be filed within fifteen
the request for assistance in taking evidence within (15) days from service of the petition.
its competence and according to the rules of
evidence. Rule 9.8. Court action. - If the evidence sought is
not privileged, and is material and relevant, the
Rule 9.5. Type of assistance. - A party requiring court shall grant the assistance in taking evidence
assistance in the taking of evidence may petition requested and shall order petitioner to pay costs
the court to direct any person, including a attendant to such assistance.
representative of a corporation, association,
partnership or other entity (other than a party to Rule 9.9. Relief against court action. - The order
the ADR proceedings or its officers) found in the granting assistance in taking evidence shall be
Philippines, for any of the following: immediately executory and not subject to
15
reconsideration or appeal. If the court declines to disclosure of the information obtained, or to be
grant assistance in taking evidence, the petitioner obtained, during an ADR proceeding.
may file a motion for reconsideration or appeal.
Rule 10.5. Contents of the motion or petition. - The
Rule 9.10. Perpetuation of testimony before the petition or motion must state the following:
arbitral tribunal is constituted. - At anytime before
arbitration is commenced or before the arbitral a. That the information sought to be protected was
tribunal is constituted, any person who desires to obtained, or would be obtained, during an ADR
perpetuate his testimony or that of another person proceeding;
may do so in accordance with Rule 24 of the Rules
of Court. b. The applicant would be materially prejudiced by
the disclosure of that information;
Rule 9.11. Consequence of disobedience. - The court
may impose the appropriate sanction on any person c. The person or persons who are being asked to
who disobeys its order to testify when required or divulge the confidential information participated in
perform any act required of him. an ADR proceedings; and

RULE 10: CONFIDENTIALITY/PROTECTIVE ORDERS d. The time, date and place when the ADR
proceedings took place.
Rule 10.1. Who may request confidentiality. - A
party, counsel or witness who disclosed or who was Apart from the other submissions, the movant must
compelled to disclose information relative to the set the motion for hearing and contain a notice of
subject of ADR under circumstances that would hearing in accordance with Rule 15 of the Rules of
create a reasonable expectation, on behalf of the Court.
source, that the information shall be kept
confidential has the right to prevent such Rule 10.6. Notice. - Notice of a request for a
information from being further disclosed without protective order made through a motion shall be
the express written consent of the source or the made to the opposing parties in accordance with
party who made the disclosure. Rule 15 of the Rules of Court.

Rule 10.2. When request made. - A party may Rule 10.7. Comment/Opposition. - The
request a protective order at anytime there is a comment/opposition must be filed within fifteen
need to enforce the confidentiality of the (15) days from service of the petition. The
information obtained, or to be obtained, in ADR opposition or comment may be accompanied by
proceedings. written proof that (a) the information is not
confidential, (b) the information was not obtained
Rule 10.3. Venue. - A petition for a protective order during an ADR proceeding, (c) there was a waiver of
may be filed with the Regional Trial Court where confidentiality, or (d) the petitioner/movant is
that order would be implemented. precluded from asserting confidentiality.

If there is a pending court proceeding in which the Rule 10.8. Court action. - If the court finds the
information obtained in an ADR proceeding is petition or motion meritorious, it shall issue an
required to be divulged or is being divulged, the order enjoining a person or persons from divulging
party seeking to enforce the confidentiality of the confidential information.
information may file a motion with the court where
the proceedings are pending to enjoin the In resolving the petition or motion, the courts shall
confidential information from being divulged or to be guided by the following principles applicable to
suppress confidential information. all ADR proceedings: Confidential information shall
not be subject to discovery and shall be
Rule 10.4. Grounds. - A protective order may be inadmissible in any adversarial proceeding, whether
granted only if it is shown that the applicant would judicial or quasi judicial. However, evidence or
be materially prejudiced by an unauthorized information that is otherwise admissible or subject
16
to discovery does not become inadmissible or RULE 11: CONFIRMATION, CORRECTION OR
protected from discovery solely by reason of its use VACATION OF AWARD IN DOMESTIC ARBITRATION
therein.
Rule 11.1. Who may request confirmation,
For mediation proceedings, the court shall be correction or vacation. - Any party to a domestic
further guided by the following principles: arbitration may petition the court to confirm,
correct or vacate a domestic arbitral award.
a. Information obtained through mediation shall be
privileged and confidential. Rule 11.2. When to request confirmation,
correction/modification or vacation. -
b. A party, a mediator, or a nonparty participant
may refuse to disclose and may prevent any other (A) Confirmation. - At any time after the lapse of
person from disclosing a mediation communication. thirty (30) days from receipt by the petitioner of the
arbitral award, he may petition the court to confirm
c. In such an adversarial proceeding, the following that award.
persons involved or previously involved in a
mediation may not be compelled to disclose (B) Correction/Modification. - Not later than thirty
confidential information obtained during the (30) days from receipt of the arbitral award, a party
mediation: (1) the parties to the dispute; (2) the may petition the court to correct/modify that
mediator or mediators; (3) the counsel for the award.
parties: (4) the nonparty participants; (5) any
persons hired or engaged in connection with the (C) Vacation. - Not later than thirty (30) days from
mediation as secretary, stenographer; clerk or receipt of the arbitral award, a party may petition
assistant; and (6) any other person who obtains or the court to vacate that award.
possesses confidential information by reason of his/
her profession. (D) A petition to vacate the arbitral award may be
filed, in opposition to a petition to confirm the
d. The protection of the ADR Laws shall continue to arbitral award, not later than thirty (30) days from
apply even if a mediator is found to have failed to receipt of the award by the petitioner. A petition to
act impartially. vacate the arbitral award filed beyond the
reglementary period shall be dismissed.
e. A mediator may not be called to testify to provide
information gathered in mediation. A mediator who (E) A petition to confirm the arbitral award may be
is wrongfully subpoenaed shall be reimbursed the filed, in opposition to a petition to vacate the
full cost of his attorney fees and related expenses. arbitral award, at any time after the petition to
vacate such arbitral award is filed. The dismissal of
Rule 10.9. Relief against court action. - The order the petition to vacate the arbitral award for having
enjoining a person or persons from divulging been filed beyond the reglementary period shall not
confidential information shall be immediately result in the dismissal of the petition for the
executory and may not be enjoined while the order confirmation of such arbitral award.
is being questioned with the appellate courts.
(F) The filing of a petition to confirm an arbitral
If the court declines to enjoin a person or persons award shall not authorize the filing of a belated
from divulging confidential information, the petition to vacate or set aside such award in
petitioner may file a motion for reconsideration or opposition thereto.
appeal.
(G) A petition to correct an arbitral award may be
Rule 10.10. Consequence of disobedience. - Any included as part of a petition to confirm the arbitral
person who disobeys the order of the court to cease award or as a petition to confirm that award.
from divulging confidential information shall be
imposed the proper sanction by the court. Rule 11.3. Venue. - The petition for confirmation,
correction/modification or vacation of a domestic
17
arbitral award may be filed with Regional Trial Court In deciding the petition to vacate the arbitral award,
having jurisdiction over the place in which one of the court shall disregard any other ground than
the parties is doing business, where any of the those enumerated above.
parties reside or where arbitration proceedings
were conducted. (B) To correct/modify an arbitral award. - The Court
may correct/modify or order the arbitral tribunal to
Rule 11.4. Grounds. - (A) To vacate an arbitral correct/modify the arbitral award in the following
award. - The arbitral award may be vacated on the cases:
following grounds:
a. Where there was an evident miscalculation of
a. The arbitral award was procured through figures or an evident mistake in the description of
corruption, fraud or other undue means; any person, thing or property referred to in the
award;
b. There was evident partiality or corruption in the
arbitral tribunal or any of its members; b. Where the arbitrators have awarded upon a
matter not submitted to them, not affecting the
c. The arbitral tribunal was guilty of misconduct or merits of the decision upon the matter submitted;
any form of misbehavior that has materially
prejudiced the rights of any party such as refusing c. Where the arbitrators have omitted to resolve an
to postpone a hearing upon sufficient cause shown issue submitted to them for resolution; or
or to hear evidence pertinent and material to the
controversy; d. Where the award is imperfect in a matter of form
not affecting the merits of the controversy, and if it
d. One or more of the arbitrators was disqualified to had been a commissioner’s report, the defect could
act as such under the law and willfully refrained have been amended or disregarded by the Court.
from disclosing such disqualification; or
Rule 11.5. Form of petition. - An application to
e. The arbitral tribunal exceeded its powers, or so vacate an arbitral award shall be in the form of a
imperfectly executed them, such that a complete, petition to vacate or as a petition to vacate in
final and definite award upon the subject matter opposition to a petition to confirm the same award.
submitted to them was not made.
An application to correct/modify an arbitral award
The award may also be vacated on any or all of the may be included in a petition to confirm an arbitral
following grounds: award or in a petition to vacate in opposition to
confirm the same award.
a. The arbitration agreement did not exist, or is
invalid for any ground for the revocation of a When a petition to confirm an arbitral award is
contract or is otherwise unenforceable; or pending before a court, the party seeking to vacate
or correct/modify said award may only apply for
b. A party to arbitration is a minor or a person those reliefs through a petition to vacate or
judicially declared to be incompetent. correct/modify the award in opposition to the
petition to confirm the award provided that such
The petition to vacate an arbitral award on the petition to vacate or correct/modify is filed within
ground that the party to arbitration is a minor or a thirty (30) days from his receipt of the award. A
person judicially declared to be incompetent shall petition to vacate or correct/modify an arbitral
be filed only on behalf of the minor or incompetent award filed in another court or in a separate case
and shall allege that (a) the other party to before the same court shall be dismissed, upon
arbitration had knowingly entered into a submission appropriate motion, as a violation of the rule
or agreement with such minor or incompetent, or against forum-shopping.
(b) the submission to arbitration was made by a
guardian or guardian ad litem who was not When a petition to vacate or correct/modify an
authorized to do so by a competent court. arbitral award is pending before a court, the party
18
seeking to confirm said award may only apply for b. An authentic copy of the arbitral award;
that relief through a petition to confirm the same
award in opposition to the petition to vacate or c. A certification against forum shopping executed
correct/modify the award. A petition to confirm or by the applicant in accordance with Section 5 of
correct/modify an arbitral award filed as separate Rule 7 of the Rules of Court; and
proceeding in another court or in a different case
before the same court shall be dismissed, upon d. An authentic copy or authentic copies of the
appropriate motion, as a violation of the rule appointment of an arbitral tribunal.
against forum shopping.
Rule 11.7. Notice. - Upon finding that the petition
As an alternative to the dismissal of a second filed under this Rule is sufficient both in form and in
petition for confirmation, vacation or substance, the Court shall cause notice and a copy
correction/modification of an arbitral award filed in of the petition to be delivered to the respondent
violation of the non-forum shopping rule, the court allowing him to file a comment or opposition
or courts concerned may allow the consolidation of thereto within fifteen (15) days from receipt of the
the two proceedings in one court and in one case. petition. In lieu of an opposition, the respondent
may file a petition in opposition to the petition.
Where the petition to confirm the award and
petition to vacate or correct/modify were The petitioner may within fifteen (15) days from
simultaneously filed by the parties in the same court receipt of the petition in opposition thereto file a
or in different courts in the Philippines, upon reply.
motion of either party, the court may order the
consolidation of the two cases before either court. Rule 11.8. Hearing. - If the Court finds from the
petition or petition in opposition thereto that there
In all instances, the petition must be verified by a are issues of fact, it shall require the parties, within
person who has knowledge of the jurisdictional a period of not more than fifteen (15) days from
facts. receipt of the order, to simultaneously submit the
affidavits of all of their witnesses and reply affidavits
Rule 11.6. Contents of petition. - The petition must within ten (10) days from receipt of the affidavits to
state the following: be replied to. There shall be attached to the
affidavits or reply affidavits documents relied upon
a. The addresses of the parties and any change in support of the statements of fact in such
thereof; affidavits or reply affidavits.

b. The jurisdictional issues raised by a party during If the petition or the petition in opposition thereto
arbitration proceedings; is one for vacation of an arbitral award, the
interested party in arbitration may oppose the
c. The grounds relied upon by the parties in seeking petition or the petition in opposition thereto for the
the vacation of the arbitral award whether the reason that the grounds cited in the petition or the
petition is a petition for the vacation or setting aside petition in opposition thereto, assuming them to be
of the arbitral award or a petition in opposition to a true, do not affect the merits of the case and may
petition to confirm the award; and be cured or remedied. Moreover, the interested
party may request the court to suspend the
d. A statement of the date of receipt of the arbitral proceedings for vacation for a period of time and to
award and the circumstances under which it was direct the arbitral tribunal to reopen and conduct a
received by the petitioner. new hearing and take such other action as will
eliminate the grounds for vacation of the award.
Apart from other submissions, the petitioner must The opposition shall be supported by a brief of legal
attach to the petition the following: arguments to show the existence of a sufficient
legal basis for the opposition.
a. An authentic copy of the arbitration agreement;
If the ground of the petition to vacate an arbitral
19
award is that the arbitration agreement did not tribunal’s determination of facts and/or
exist, is invalid or otherwise unenforceable, and an interpretation of law.
earlier petition for judicial relief under Rule 3 had
been filed, a copy of such petition and of the In a petition to vacate an award or in petition to
decision or final order of the court shall be attached vacate an award in opposition to a petition to
thereto. But if the ground was raised before the confirm the award, the petitioner may
arbitral tribunal in a motion to dismiss filed not later simultaneously apply with the Court to refer the
than the submission of its answer, and the arbitral case back to the same arbitral tribunal for the
tribunal ruled in favor of its own jurisdiction as a purpose of making a new or revised award or to
preliminary question which was appealed by a party direct a new hearing, or in the appropriate case,
to the Regional Trial Court, a copy of the order, order the new hearing before a new arbitral
ruling or preliminary award or decision of the tribunal, the members of which shall be chosen in
arbitral tribunal, the appeal therefrom to the Court the manner provided in the arbitration agreement
and the order or decision of the Court shall all be or submission, or the law. In the latter case, any
attached to the petition. provision limiting the time in which the arbitral
tribunal may make a decision shall be deemed
If the ground of the petition is that the petitioner is applicable to the new arbitral tribunal.
an infant or a person judicially declared to be
incompetent, there shall be attached to the petition In referring the case back to the arbitral tribunal or
certified copies of documents showing such fact. In to a new arbitral tribunal pursuant to Rule 24 of
addition, the petitioner shall show that even if the Republic Act No. 876, the court may not direct it to
submission or arbitration agreement was entered revise its award in a particular way, or to revise its
into by a guardian or guardian ad litem, the latter findings of fact or conclusions of law or otherwise
was not authorized by a competent court to sign encroach upon the independence of an arbitral
such the submission or arbitration agreement. tribunal in the making of a final award.

If on the basis of the petition, the opposition, the RULE 12: RECOGNITION AND ENFORCEMENT OR
affidavits and reply affidavits of the parties, the SETTING ASIDE OF AN
court finds that there is a need to conduct an oral INTERNATIONALCOMMERCIAL ARBITRATION
hearing, the court shall set the case for hearing. This AWARD
case shall have preference over other cases before
the court, except criminal cases. During the hearing, Rule 12.1. Who may request recognition and
the affidavits of witnesses shall take the place of enforcement or setting aside. - Any party to an
their direct testimonies and they shall immediately international commercial arbitration in the
be subject to cross-examination thereon. The Court Philippines may petition the proper court to
shall have full control over the proceedings in order recognize and enforce or set aside an arbitral
to ensure that the case is heard without undue award.
delay.
Rule 12.2. When to file petition. - (A) Petition to
Rule 11.9. Court action. - Unless a ground to vacate recognize and enforce. - The petition for
an arbitral award under Rule 11.5 above is fully enforcement and recognition of an arbitral award
established, the court shall confirm the award. may be filed anytime from receipt of the award. If,
however, a timely petition to set aside an arbitral
An arbitral award shall enjoy the presumption that award is filed, the opposing party must file therein
it was made and released in due course of and in opposition thereto the petition for
arbitration and is subject to confirmation by the recognition and enforcement of the same award
court within the period for filing an opposition.

In resolving the petition or petition in opposition (B) Petition to set aside. - The petition to set aside
thereto in accordance with these Special ADR Rules, an arbitral award may only be filed within three (3)
the court shall either confirm or vacate the arbitral months from the time the petitioner receives a copy
award. The court shall not disturb the arbitral thereof. If a timely request is made with the arbitral
20
tribunal for correction, interpretation or additional award which contains decisions on matters not
award, the three (3) month period shall be counted submitted to arbitration may be set aside or only
from the time the petitioner receives the resolution that part of the award which contains decisions on
by the arbitral tribunal of that request. matters submitted to arbitration may be enforced;
or
A petition to set aside can no longer be filed after
the lapse of the three (3) month period. The (iv). The composition of the arbitral tribunal or the
dismissal of a petition to set aside an arbitral award arbitral procedure was not in accordance with the
for being time-barred shall not automatically result agreement of the parties, unless such agreement
in the approval of the petition filed therein and in was in conflict with a provision of Philippine law
opposition thereto for recognition and enforcement from which the parties cannot derogate, or, failing
of the same award. Failure to file a petition to set such agreement, was not in accordance with
aside shall preclude a party from raising grounds to Philippine law;
resist enforcement of the award.
b. The court finds that:
Rule 12.3. Venue. - A petition to recognize and
enforce or set aside an arbitral award may, at the (i). The subject-matter of the dispute is not capable
option of the petitioner, be filed with the Regional of settlement by arbitration under the law of the
Trial Court: (a) where arbitration proceedings were Philippines; or
conducted; (b) where any of the assets to be
attached or levied upon is located; (c) where the act (ii). The recognition or enforcement of the award
to be enjoined will be or is being performed; (d) would be contrary to public policy.
where any of the parties to arbitration resides or
has its place of business; or (e) in the National In deciding the petition, the Court shall disregard
Capital Judicial Region. any other ground to set aside or enforce the arbitral
award other than those enumerated above.
Rule 12.4. Grounds to set aside or resist
enforcement. - The court may set aside or refuse the The petition to set-aside or a pleading resisting the
enforcement of the arbitral award only if: enforcement of an arbitral award on the ground
that a party was a minor or an incompetent shall be
a. The party making the application furnishes proof filed only on behalf of the minor or incompetent
that: and shall allege that (a) the other party to
arbitration had knowingly entered into a submission
(i). A party to the arbitration agreement was under or agreement with such minor or incompetent, or
some incapacity, or the said agreement is not valid (b) the submission to arbitration was made by a
under the law to which the parties have subjected it guardian or guardian ad litem who was not
or, failing any indication thereof, under Philippine authorized to do so by a competent court.
law; or
Rule 12.5. Exclusive recourse against arbitral award.
(ii). The party making the application to set aside or - Recourse to a court against an arbitral award shall
resist enforcement was not given proper notice of be made only through a petition to set aside the
the appointment of an arbitrator or of the arbitral arbitral award and on grounds prescribed by the law
proceedings or was otherwise unable to present his that governs international commercial arbitration.
case; or Any other recourse from the arbitral award, such as
by appeal or petition for review or petition for
(iii). The award deals with a dispute not certiorari or otherwise, shall be dismissed by the
contemplated by or not falling within the terms of court.
the submission to arbitration, or contains decisions
on matters beyond the scope of the submission to Rule 12.6. Form. - The application to recognize and
arbitration; provided that, if the decisions on enforce or set aside an arbitral award, whether
matters submitted to arbitration can be separated made through a petition to recognize and enforce
from those not so submitted, only that part of the or to set aside or as a petition to set aside the
21
award in opposition thereto, or through a petition (B) Petition to set aside. - The petition to set aside or
to set aside or petition to recognize and enforce in petition to set aside in opposition to a petition to
opposition thereto, shall be verified by a person recognize and enforce an arbitral award in
who has personal knowledge of the facts stated international commercial arbitration shall have the
therein. same contents as a petition to recognize and
enforce or petition to recognize and enforce in
When a petition to recognize and enforce an opposition to a petition to set aside an arbitral
arbitral award is pending, the application to set it award. In addition, the said petitions should state
aside, if not yet time-barred, shall be made through the grounds relied upon to set it aside.
a petition to set aside the same award in the same
proceedings. Further, if the ground of the petition to set aside is
that the petitioner is a minor or found incompetent
When a timely petition to set aside an arbitral by a court, there shall be attached to the petition
award is filed, the opposing party may file a petition certified copies of documents showing such fact. In
for recognition and enforcement of the same award addition, the petitioner shall show that even if the
in opposition thereto. submission or arbitration agreement was entered
into by a guardian or guardian ad litem, the latter
Rule 12.7. Contents of petition. - (A) Petition to was not authorized by a competent court to sign
recognize and enforce. - The petition to recognize such the submission or arbitration agreement.
and enforce or petition to set aside in opposition
thereto, or petition to set aside or petition to In either case, if another court was previously
recognize and enforce in opposition thereto, shall requested to resolve and/or has resolved, on
state the following: appeal, the arbitral tribunal’s preliminary
determination in favor of its own jurisdiction, the
a. The addresses of record, or any change thereof, petitioner shall apprise the court before which the
of the parties to arbitration; petition to recognize and enforce or set aside is
pending of the status of the appeal or its resolution.
b. A statement that the arbitration agreement or
submission exists; Rule 12.8. Notice. - Upon finding that the petition
filed under this Rule is sufficient both in form and in
c. The names of the arbitrators and proof of their substance, the court shall cause notice and a copy
appointment; of the petition to be delivered to the respondent
directing him to file an opposition thereto within
d. A statement that an arbitral award was issued fifteen (15) days from receipt of the petition. In lieu
and when the petitioner received it; and of an opposition, the respondent may file a petition
to set aside in opposition to a petition to recognize
e. The relief sought. and enforce, or a petition to recognize and enforce
in opposition to a petition to set aside.
Apart from other submissions, the petitioner shall
attach to the petition the following: The petitioner may within fifteen (15) days from
receipt of the petition to set aside in opposition to a
a. An authentic copy of the arbitration agreement; petition to recognize and enforce, or from receipt of
the petition to recognize and enforce in opposition
b. An authentic copy of the arbitral award; to a petition to set aside, file a reply.

c. A verification and certification against forum Rule 12.9. Submission of documents. - If the court
shopping executed by the applicant in accordance finds that the issue between the parties is mainly
with Sections 4 and 5 of Rule 7 of the Rules of one of law, the parties may be required to submit
Court; and briefs of legal arguments, not more than fifteen (15)
days from receipt of the order, sufficiently
d. An authentic copy or authentic copies of the discussing the legal issues and the legal basis for the
appointment of an arbitral tribunal. relief prayed for by each of them.
22
If the court finds from the petition or petition in It is presumed that an arbitral award was made and
opposition thereto that there are issues of fact released in due course and is subject to
relating to the ground(s) relied upon for the court to enforcement by the court, unless the adverse party
set aside, it shall require the parties within a period is able to establish a ground for setting aside or not
of not more than fifteen (15) days from receipt of enforcing an arbitral award.
the order simultaneously to submit the affidavits of
all of their witnesses and reply affidavits within ten Rule 12.13. Judgment of the court. - Unless a
(10) days from receipt of the affidavits to be replied ground to set aside an arbitral award under Rule
to. There shall be attached to the affidavits or reply 12.4 above is fully established, the court shall
affidavits, all documents relied upon in support of dismiss the petition. If, in the same proceedings,
the statements of fact in such affidavits or reply there is a petition to recognize and enforce the
affidavits. arbitral award filed in opposition to the petition to
set aside, the court shall recognize and enforce the
Rule 12.10. Hearing. - If on the basis of the petition, award.
the opposition, the affidavits and reply affidavits of
the parties, the court finds that there is a need to In resolving the petition or petition in opposition
conduct an oral hearing, the court shall set the case thereto in accordance with the Special ADR Rules,
for hearing. This case shall have preference over the court shall either set aside or enforce the
other cases before the court, except criminal cases. arbitral award. The court shall not disturb the
During the hearing, the affidavits of witnesses shall arbitral tribunal’s determination of facts and/or
take the place of their direct testimonies and they interpretation of law.
shall immediately be subject to cross-examination
thereon. The court shall have full control over the Rule 12.14. Costs. - Unless otherwise agreed upon
proceedings in order to ensure that the case is by the parties in writing, at the time the case is
heard without undue delay. submitted to the court for decision, the party
praying for recognition and enforcement or setting
Rule 12.11. Suspension of proceedings to set aside. - aside of an arbitral award shall submit a statement
The court when asked to set aside an arbitral award under oath confirming the costs he has incurred
may, where appropriate and upon request by a only in the proceedings for such recognition and
party, suspend the proceedings for a period of time enforcement or setting aside. The costs shall include
determined by it to give the arbitral tribunal an the attorney’s fees the party has paid or is
opportunity to resume the arbitral proceedings or committed to pay to his counsel of record.
to take such other action as in the arbitral tribunal’s
opinion will eliminate the grounds for setting aside. The prevailing party shall be entitled to an award of
The court, in referring the case back to the arbitral costs, which shall include reasonable attorney’s fees
tribunal may not direct it to revise its award in a of the prevailing party against the unsuccessful
particular way, or to revise its findings of fact or party. The court shall determine the reasonableness
conclusions of law or otherwise encroach upon the of the claim for attorney’s fees.
independence of an arbitral tribunal in the making
of a final award. RULE 13: RECOGNITION AND ENFORCEMENT OF A
FOREIGN ARBITRAL AWARD
The court when asked to set aside an arbitral award
may also, when the preliminary ruling of an arbitral Rule 13.1. Who may request recognition and
tribunal affirming its jurisdiction to act on the enforcement. - Any party to a foreign arbitration
matter before it had been appealed by the party may petition the court to recognize and enforce a
aggrieved by such preliminary ruling to the court, foreign arbitral award.
suspend the proceedings to set aside to await the
ruling of the court on such pending appeal or, in the Rule 13.2. When to petition. - At any time after
alternative, consolidate the proceedings to set aside receipt of a foreign arbitral award, any party to
with the earlier appeal. arbitration may petition the proper Regional Trial
Court to recognize and enforce such award.
Rule 12.12. Presumption in favor of confirmation. -
23
Rule 13.3. Venue. - The petition to recognize and (iv). The composition of the arbitral tribunal or the
enforce a foreign arbitral award shall be filed, at the arbitral procedure was not in accordance with the
option of the petitioner, with the Regional Trial agreement of the parties or, failing such agreement,
Court (a) where the assets to be attached or levied was not in accordance with the law of the country
upon is located, (b) where the act to be enjoined is where arbitration took place; or
being performed, (c) in the principal place of
business in the Philippines of any of the parties, (d) (v). The award has not yet become binding on the
if any of the parties is an individual, where any of parties or has been set aside or suspended by a
those individuals resides, or (e) in the National court of the country in which that award was made;
Capital Judicial Region. or

Rule 13.4. Governing law and grounds to refuse b. The court finds that:
recognition and enforcement. - The recognition and
enforcement of a foreign arbitral award shall be (i). The subject-matter of the dispute is not capable
governed by the 1958 New York Convention on the of settlement or resolution by arbitration under
Recognition and Enforcement of Foreign Arbitral Philippine law; or
Awards (the "New York Convention") and this Rule.
The court may, upon grounds of comity and (ii). The recognition or enforcement of the award
reciprocity, recognize and enforce a foreign arbitral would be contrary to public policy.
award made in a country that is not a signatory to
the New York Convention as if it were a Convention The court shall disregard any ground for opposing
Award. the recognition and enforcement of a foreign
arbitral award other than those enumerated above.
A Philippine court shall not set aside a foreign
arbitral award but may refuse it recognition and Rule 13.5. Contents of petition. - The petition shall
enforcement on any or all of the following grounds: state the following:

a. The party making the application to refuse a. The addresses of the parties to arbitration;
recognition and enforcement of the award furnishes
proof that: b. In the absence of any indication in the award, the
country where the arbitral award was made and
(i). A party to the arbitration agreement was under whether such country is a signatory to the New York
some incapacity; or the said agreement is not valid Convention; and
under the law to which the parties have subjected it
or, failing any indication thereof, under the law of c. The relief sought.
the country where the award was made; or
Apart from other submissions, the petition shall
(ii). The party making the application was not given have attached to it the following:
proper notice of the appointment of an arbitrator or
of the arbitral proceedings or was otherwise unable a. An authentic copy of the arbitration agreement;
to present his case; or and

(iii). The award deals with a dispute not b. An authentic copy of the arbitral award.
contemplated by or not falling within the terms of
the submission to arbitration, or contains decisions If the foreign arbitral award or agreement to
on matters beyond the scope of the submission to arbitrate or submission is not made in English, the
arbitration; provided that, if the decisions on petitioner shall also attach to the petition a
matters submitted to arbitration can be separated translation of these documents into English. The
from those not so submitted, only that part of the translation shall be certified by an official or sworn
award which contains decisions on matters not translator or by a diplomatic or consular agent.
submitted to arbitration may be set aside; or

24
Rule 13.6. Notice and opposition. - Upon finding decision thereon if, in the meantime, an application
that the petition filed under this Rule is sufficient for the setting aside or suspension of the award has
both in form and in substance, the court shall cause been made with a competent authority in the
notice and a copy of the petition to be delivered to country where the award was made. Upon
the respondent allowing him to file an opposition application of the petitioner, the court may also
thereto within thirty (30) days from receipt of the require the other party to give suitable security.
notice and petition.
Rule 13.11. Court action. - It is presumed that a
Rule 13.7. Opposition. - The opposition shall be foreign arbitral award was made and released in
verified by a person who has personal knowledge of due course of arbitration and is subject to
the facts stated therein. enforcement by the court.

Rule 13.8. Submissions. - If the court finds that the The court shall recognize and enforce a foreign
issue between the parties is mainly one of law, the arbitral award unless a ground to refuse recognition
parties may be required to submit briefs of legal or enforcement of the foreign arbitral award under
arguments, not more than thirty (30) days from this rule is fully established.
receipt of the order, sufficiently discussing the legal
issues and the legal bases for the relief prayed for The decision of the court recognizing and enforcing
by each other. a foreign arbitral award is immediately executory.

If, from a review of the petition or opposition, there In resolving the petition for recognition and
are issues of fact relating to the ground/s relied enforcement of a foreign arbitral award in
upon for the court to refuse enforcement, the court accordance with these Special ADR Rules, the court
shall, motu proprio or upon request of any party, shall either [a] recognize and/or enforce or [b]
require the parties to simultaneously submit the refuse to recognize and enforce the arbitral award.
affidavits of all of their witnesses within a period of The court shall not disturb the arbitral tribunal’s
not less than fifteen (15) days nor more than thirty determination of facts and/or interpretation of law.
(30) days from receipt of the order. The court may,
upon the request of any party, allow the submission Rule 13.12. Recognition and enforcement of non-
of reply affidavits within a period of not less than convention award. - The court shall, only upon
fifteen (15) days nor more than thirty (30) days from grounds provided by these Special ADR Rules,
receipt of the order granting said request. There recognize and enforce a foreign arbitral award
shall be attached to the affidavits or reply affidavits made in a country not a signatory to the New York
all documents relied upon in support of the Convention when such country extends comity and
statements of fact in such affidavits or reply reciprocity to awards made in the Philippines. If that
affidavits. country does not extend comity and reciprocity to
awards made in the Philippines, the court may
Rule 13.9. Hearing. - The court shall set the case for nevertheless treat such award as a foreign
hearing if on the basis of the foregoing submissions judgment enforceable as such under Rule 39,
there is a need to do so. The court shall give due Section 48, of the Rules of Court.
priority to hearings on petitions under this Rule.
During the hearing, the affidavits of witnesses shall PART IIIPROVISIONS SPECIFIC TO MEDIATION
take the place of their direct testimonies and they
shall immediately be subject to cross-examination. RULE 14: GENERAL PROVISIONS
The court shall have full control over the
proceedings in order to ensure that the case is Rule 14.1. Application of the rules on arbitration. -
heard without undue delay. Whenever applicable and appropriate, the pertinent
rules on arbitration shall be applied in proceedings
Rule 13.10. Adjournment/deferment of decision on before the court relative to a dispute subject to
enforcement of award. - The court before which a mediation.
petition to recognize and enforce a foreign arbitral
award is pending, may adjourn or defer rendering a RULE 15: DEPOSIT AND ENFORCEMENT OF
25
 MEDIATED SETTLEMENT AGREEMENTS c. Have attached to it the following:

Rule 15.1. Who makes a deposit. - Any party to a (i). An authentic copy of the mediated settlement
mediation that is not court-annexed may deposit agreement; and
with the court the written settlement agreement,
which resulted from that mediation. (ii). Certificate of Deposit showing that the
mediated settlement agreement was deposited
Rule 15.2. When deposit is made. - At any time after with the Clerk of Court.
an agreement is reached, the written settlement
agreement may be deposited. Rule 15.7. Opposition. - The adverse party may file
an opposition, within fifteen (15) days from receipt
Rule 15.3. Venue. - The written settlement of notice or service of the petition, by submitting
agreement may be jointly deposited by the parties written proof of compliance with the mediated
or deposited by one party with prior notice to the settlement agreement or such other affirmative or
other party/ies with the Clerk of Court of the negative defenses it may have.
Regional Trial Court (a) where the principal place of
business in the Philippines of any of the parties is Rule 15.8. Court action. - After a summary hearing,
located; (b) if any of the parties is an individual, if the court finds that the agreement is a valid
where any of those individuals resides; or (c) in the mediated settlement agreement, that there is no
National Capital Judicial Region. merit in any of the affirmative or negative defenses
raised, and the respondent has breached that
Rule 15.4. Registry Book. - The Clerk of Court of agreement, in whole or in part, the court shall order
each Regional Trial Court shall keep a Registry Book the enforcement thereof; otherwise, it shall dismiss
that shall chronologically list or enroll all the the petition.
mediated settlement agreements/settlement
awards that are deposited with the court as well as PART IVPROVISIONS SPECIFIC TO CONSTRUCTION
the names and address of the parties thereto and ARBITRATION
the date of enrollment and shall issue a Certificate
of Deposit to the party that made the deposit. RULE 16: GENERAL PROVISIONS

Rule 15.5. Enforcement of mediated settlement Rule 16.1. Application of the rules on arbitration. -
agreement. - Any of the parties to a mediated Whenever applicable and appropriate, the rules on
settlement agreement, which was deposited with arbitration shall be applied in proceedings before
the Clerk of Court of the Regional Trial Court, may, the court relative to a dispute subject to
upon breach thereof, file a verified petition with the construction arbitration.
same court to enforce said agreement.
RULE 17: REFERRAL TO CIAC
Rule 15.6. Contents of petition. - The verified
petition shall: Rule 17.1. Dismissal of action. - A Regional Trial
Court before which a construction dispute is filed
a. Name and designate, as petitioner or respondent, shall, upon becoming aware that the parties have
all parties to the mediated settlement agreement entered into an arbitration agreement, motu
and those who may be affected by it; proprio or upon motion made not later than the
pre-trial, dismiss the case and refer the parties to
b. State the following: arbitration to be conducted by the Construction
Industry Arbitration Commission (CIAC), unless all
(i). The addresses of the petitioner and parties to arbitration, assisted by their respective
respondents; and counsel, submit to the court a written agreement
making the court, rather than the CIAC, the body
(ii). The ultimate facts that would show that the that would exclusively resolve the dispute.
adverse party has defaulted to perform its
obligation under said agreement; and Rule 17.2. Form and contents of motion. - The
26
request for dismissal of the civil action and referral Rule 17.6. Referral immediately executory. - An
to arbitration shall be through a verified motion order dismissing the case and referring the dispute
that shall (a) contain a statement showing that the to arbitration by CIAC shall be immediately
dispute is a construction dispute; and (b) be executory.
accompanied by proof of the existence of the
arbitration agreement. Rule 17.7. Multiple actions and parties. - The court
shall not decline to dismiss the civil action and make
If the arbitration agreement or other document a referral to arbitration by CIAC for any of the
evidencing the existence of that agreement is following reasons:
already part of the record, those documents need
not be submitted to the court provided that the a. Not all of the disputes subject of the civil action
movant has cited in the motion particular may be referred to arbitration;
references to the records where those documents
may be found. b. Not all of the parties to the civil action are bound
by the arbitration agreement and referral to
The motion shall also contain a notice of hearing arbitration would result in multiplicity of suits;
addressed to all parties and shall specify the date
and time when the motion will be heard, which c. The issues raised in the civil action could be
must not be later than fifteen (15) days after the speedily and efficiently resolved in its entirety by
filing of the motion. The movant shall ensure receipt the Court rather than in arbitration;
by all parties of the motion at least three days
before the date of the hearing. d. Referral to arbitration does not appear to be the
most prudent action; or
Rule 17.3. Opposition. - Upon receipt of the motion
to refer the dispute to arbitration by CIAC, the other e. Dismissal of the civil action would prejudice the
party may file an opposition to the motion on or rights of the parties to the civil action who are not
before the day such motion is to be heard. The bound by the arbitration agreement.
opposition shall clearly set forth the reasons why
the court should not dismiss the case. The court may, however, issue an order directing
the inclusion in arbitration of those parties who are
Rule 17.4. Hearing. - The court shall hear the bound by the arbitration agreement directly or by
motion only once and for the purpose of clarifying reference thereto pursuant to Section 34 of
relevant factual and legal issues. Republic Act No. 9285.

Rule 17.5. Court action. - If the other parties fail to Furthermore, the court shall issue an order directing
file their opposition on or before the day of the the case to proceed with respect to the parties not
hearing, the court shall motu proprio resolve the bound by the arbitration agreement.
motion only on the basis of the facts alleged in the
motion. Rule 17.8. Referral - If the parties manifest that they
have agreed to submit all or part of their dispute
After hearing, the court shall dismiss the civil action pending with the court to arbitration by CIAC, the
and refer the parties to arbitration if it finds, based court shall refer them to CIAC for arbitration.
on the pleadings and supporting documents
submitted by the parties, that there is a valid and PART VPROVISIONS SPECIFIC TO OTHER FORMS OF
enforceable arbitration agreement involving a ADR
construction dispute. Otherwise, the court shall
proceed to hear the case. RULE 18: GENERAL PROVISIONS

All doubts shall be resolved in favor of the existence Rule 18.1. Applicability of rules to other forms of
of a construction dispute and the arbitration ADR. - This rule governs the procedure for matters
agreement. brought before the court involving the following
forms of ADR:
27
a. Early neutral evaluation; a. That the arbitration agreement is inexistent,
invalid or unenforceable pursuant to Rule 3.10 (B);
b. Neutral evaluation;
b. Upholding or reversing the arbitral tribunal’s
c. Mini-trial; jurisdiction pursuant to Rule 3.19;

d. Mediation-arbitration; c. Denying a request to refer the parties to

arbitration;
e. A combination thereof; or
d. Granting or denying a party an interim measure
f. Any other ADR form. of protection;

Rule 18.2. Applicability of the rules on mediation. - If e. Denying a petition for the appointment of an
the other ADR form/process is more akin to arbitrator;
mediation (i.e., the neutral third party merely
assists the parties in reaching a voluntary f. Refusing to grant assistance in taking evidence;
agreement), the herein rules on mediation shall
apply. g. Enjoining or refusing to enjoin a person from
divulging confidential information;
Rule 18.3. Applicability of rules on arbitration.-If the
other ADR form/process is more akin to arbitration h. Confirming, vacating or correcting a domestic
(i.e., the neutral third party has the power to make arbitral award;
a binding resolution of the dispute), the herein rules
on arbitration shall apply. i. Suspending the proceedings to set aside an
international commercial arbitral award and
Rule 18.4. Referral. - If a dispute is already before a referring the case back to the arbitral tribunal;
court, either party may before and during pre-trial,
file a motion for the court to refer the parties to j. Setting aside an international commercial arbitral
other ADR forms/processes. At any time during award;
court proceedings, even after pre-trial, the parties
may jointly move for suspension of the action k. Dismissing the petition to set aside an
pursuant to Article 2030 of the Civil Code of the international commercial arbitral award, even if the
Philippines where the possibility of compromise is court does not recognize and/or enforce the same;
shown.
l. Recognizing and/or enforcing, or dismissing a
Rule 18.5. Submission of settlement agreement. - petition to recognize and/or enforce an
Either party may submit to the court, before which international commercial arbitral award;
the case is pending, any settlement agreement
following a neutral or an early neutral evaluation, m. Declining a request for assistance in taking
mini-trial or mediation-arbitration. evidence;

PART VIMOTION FOR RECONSIDERATION, APPEAL n. Adjourning or deferring a ruling on a petition to

AND CERTIORARI set aside, recognize and/or enforce an international
commercial arbitral award;
RULE 19: MOTION FOR RECONSIDERATION,
APPEAL AND CERTIORARI o. Recognizing and/or enforcing a foreign arbitral
award, or refusing recognition and/or enforcement
A. MOTION FOR RECONSIDERATION of the same; and

Rule 19.1. Motion for reconsideration, when p. Granting or dismissing a petition to enforce a
allowed. - A party may ask the Regional Trial to deposited mediated settlement agreement.
reconsider its ruling on the following:
28
No motion for reconsideration shall be allowed shall be final and binding. Consequently, a party to
from the following rulings of the Regional Trial an arbitration is precluded from filing an appeal or a
Court: petition for certiorari questioning the merits of an
arbitral award.
a. A prima facie determination upholding the
existence, validity or enforceability of an arbitration Rule 19.8. Subject matter and governing rules. - The
agreement pursuant to Rule 3.1 (A); remedy of an appeal through a petition for review
or the remedy of a special civil action of certiorari
b. An order referring the dispute to arbitration; from a decision of the Regional Trial Court made
under the Special ADR Rules shall be allowed in the
c. An order appointing an arbitrator; instances, and instituted only in the manner,
provided under this Rule.
d. Any ruling on the challenge to the appointment
of an arbitrator; Rule 19.9. Prohibited alternative remedies. - Where
the remedies of appeal and certiorari are
e. Any order resolving the issue of the termination specifically made available to a party under the
of the mandate of an arbitrator; and Special ADR Rules, recourse to one remedy shall
preclude recourse to the other.
f. An order granting assistance in taking evidence.
Rule 19.10. Rule on judicial review on arbitration in
Rule 19.2. When to move for reconsideration. - A the Philippines. - As a general rule, the court can
motion for reconsideration may be filed with the only vacate or set aside the decision of an arbitral
Regional Trial Court within a non-extendible period tribunal upon a clear showing that the award suffers
of fifteen (15) days from receipt of the questioned from any of the infirmities or grounds for vacating
ruling or order. an arbitral award under Section 24 of Republic Act
No. 876 or under Rule 34 of the Model Law in a
Rule 19.3. Contents and notice. - The motion shall domestic arbitration, or for setting aside an award
be made in writing stating the ground or grounds in an international arbitration under Article 34 of
therefor and shall be filed with the court and served the Model Law, or for such other grounds provided
upon the other party or parties. under these Special Rules.

Rule 19.4. Opposition or comment. - Upon receipt of If the Regional Trial Court is asked to set aside an
the motion for reconsideration, the other party or arbitral award in a domestic or international
parties shall have a non-extendible period of fifteen arbitration on any ground other than those
(15) days to file his opposition or comment. provided in the Special ADR Rules, the court shall
entertain such ground for the setting aside or non-
Rule 19.5. Resolution of motion. - A motion for recognition of the arbitral award only if the same
reconsideration shall be resolved within thirty (30) amounts to a violation of public policy.
days from receipt of the opposition or comment or
upon the expiration of the period to file such The court shall not set aside or vacate the award of
opposition or comment. the arbitral tribunal merely on the ground that the
arbitral tribunal committed errors of fact, or of law,
Rule 19.6. No second motion for reconsideration. - or of fact and law, as the court cannot substitute its
No party shall be allowed a second motion for judgment for that of the arbitral tribunal.
reconsideration.
Rule 19.11. Rule on judicial review of foreign
B. GENERAL PROVISIONS ON APPEAL AND arbitral award. - The court can deny recognition and
CERTIORARI enforcement of a foreign arbitral award only upon
the grounds provided in Article V of the New York
Rule 19.7. No appeal or certiorari on the merits of Convention, but shall have no power to vacate or
an arbitral award. - An agreement to refer a dispute set aside a foreign arbitral award.
to arbitration shall mean that the arbitral award
29
C. APPEALS TO THE COURT OF APPEALS the period and in the manner herein provided.

Rule 19.12. Appeal to the Court of Appeals. - An Rule 19.14. When to appeal. - The petition for
appeal to the Court of Appeals through a petition review shall be filed within fifteen (15) days from
for review under this Special Rule shall only be notice of the decision of the Regional Trial Court or
allowed from the following final orders of the the denial of the petitioner’s motion for
Regional Trial Court: reconsideration.

a. Granting or denying an interim measure of Rule 19.15. How appeal taken. - Appeal shall be
protection; taken by filing a verified petition for review in seven
(7) legible copies with the Court of Appeals, with
b. Denying a petition for appointment of an proof of service of a copy thereof on the adverse
arbitrator; party and on the Regional Trial Court. The original
copy of the petition intended for the Court of
c. Denying a petition for assistance in taking Appeals shall be marked original by the petitioner.
evidence;
Upon the filing of the petition and unless otherwise
d. Enjoining or refusing to enjoin a person from prescribed by the Court of Appeals, the petitioner
divulging confidential information; shall pay to the clerk of court of the Court of
Appeals docketing fees and other lawful fees of
e. Confirming, vacating or correcting/modifying a P3,500.00 and deposit the sum of P500.00 for costs.
domestic arbitral award;
Exemption from payment of docket and other
f. Setting aside an international commercial lawful fees and the deposit for costs may be
arbitration award; granted by the Court of Appeals upon a verified
motion setting forth valid grounds therefor. If the
g. Dismissing the petition to set aside an Court of Appeals denies the motion, the petitioner
international commercial arbitration award even if shall pay the docketing and other lawful fees and
the court does not decide to recognize or enforce deposit for costs within fifteen days from the notice
such award; of the denial.

h. Recognizing and/or enforcing an international Rule 19.16. Contents of the Petition. - The petition
commercial arbitration award; for review shall (a) state the full names of the
parties to the case, without impleading the court or
i. Dismissing a petition to enforce an international agencies either as petitioners or respondent, (b)
commercial arbitration award; contain a concise statement of the facts and issues
involved and the grounds relied upon for the
j. Recognizing and/or enforcing a foreign arbitral review, (c) be accompanied by a clearly legible
award; duplicate original or a certified true copy of the
decision or resolution of the Regional Trial Court
k. Refusing recognition and/or enforcement of a appealed from, together with certified true copies
foreign arbitral award; of such material portions of the record referred to
therein and other supporting papers, and (d)
l. Granting or dismissing a petition to enforce a contain a sworn certification against forum
deposited mediated settlement agreement; and shopping as provided in the Rules of Court. The
petition shall state the specific material dates
m. Reversing the ruling of the arbitral tribunal showing that it was filed within the period fixed
upholding its jurisdiction. herein.

Rule 19.13. Where to appeal. - An appeal under this Rule 19.17. Effect of failure to comply with
Rule shall be taken to the Court of Appeals within requirements. - The court shall dismiss the petition
if it fails to comply with the foregoing requirements
30
regarding the payment of the docket and other sought to be reviewed unless the Court of Appeals
lawful fees, the deposit for costs, proof of service of directs otherwise upon such terms as it may deem
the petition, the contents and the documents, just.
which should accompany the petition.
Rule 19.23. Submission for decision. - If the petition
Rule 19.18. Action on the petition. - The Court of is given due course, the Court of Appeals may set
Appeals may require the respondent to file a the case for oral argument or require the parties to
comment on the petition, not a motion to dismiss, submit memoranda within a period of fifteen (15)
within ten (10) days from notice, or dismiss the days from notice. The case shall be deemed
petition if it finds, upon consideration of the submitted for decision upon the filing of the last
grounds alleged and the legal briefs submitted by pleading or memorandum required by the Court of
the parties, that the petition does not appear to be Appeals.
prima facie meritorious.
The Court of Appeals shall render judgment within
Rule 19.19. Contents of Comment. - The comment sixty (60) days from the time the case is submitted
shall be filed within ten (10) days from notice in for decision.
seven (7) legible copies and accompanied by clearly
legible certified true copies of such material Rule 19.24. Subject of appeal restricted in certain
portions of the record referred to therein together instance. - If the decision of the Regional Trial Court
with other supporting papers. The comment shall refusing to recognize and/or enforce, vacating
(a) point out insufficiencies or inaccuracies in and/or setting aside an arbitral award is premised
petitioner’s statement of facts and issues, and (b) on a finding of fact, the Court of Appeals may
state the reasons why the petition should be denied inquire only into such fact to determine the
or dismissed. A copy thereof shall be served on the existence or non-existence of the specific ground
petitioner, and proof of such service shall be filed under the arbitration laws of the Philippines relied
with the Court of Appeals. upon by the Regional Trial Court to refuse to
recognize and/or enforce, vacate and/or set aside
Rule 19.20. Due course. - If upon the filing of a an award. Any such inquiry into a question of fact
comment or such other pleading or documents as shall not be resorted to for the purpose of
may be required or allowed by the Court of Appeals substituting the court’s judgment for that of the
or upon the expiration of the period for the filing arbitral tribunal as regards the latter’s ruling on the
thereof, and on the basis of the petition or the merits of the controversy.
records, the Court of Appeals finds prima facie that
the Regional Trial Court has committed an error that Rule 19.25. Party appealing decision of court
would warrant reversal or modification of the confirming arbitral award required to post bond. -
judgment, final order, or resolution sought to be The Court of Appeals shall within fifteen (15) days
reviewed, it may give due course to the petition; from receipt of the petition require the party
otherwise, it shall dismiss the same. appealing from the decision or a final order of the
Regional Trial Court, either confirming or enforcing
Rule 19.21. Transmittal of records. - Within fifteen an arbitral award, or denying a petition to set aside
(15) days from notice that the petition has been or vacate the arbitral award to post a bond
given due course, the Court of Appeals may require executed in favor of the prevailing party equal to
the court or agency concerned to transmit the the amount of the award.
original or a legible certified true copy of the entire
record of the proceeding under review. The record Failure of the petitioner to post such bond shall be a
to be transmitted may be abridged by agreement of ground for the Court of Appeals to dismiss the
all parties to the proceeding. The Court of Appeals petition.
may require or permit subsequent correction of or
addition to the record. D. SPECIAL CIVIL ACTION FOR CERTIORARI

Rule 19.22. Effect of appeal. - The appeal shall not Rule 19.26. Certiorari to the Court of Appeals. -
stay the award, judgment, final order or resolution When the Regional Trial Court, in making a ruling
31
under the Special ADR Rules, has acted without or provided in the Rules of Court.
in excess of its jurisdiction, or with grave abuse of
discretion amounting to lack or excess of Upon the filing of the petition and unless otherwise
jurisdiction, and there is no appeal or any plain, prescribed by the Court of Appeals, the petitioner
speedy, and adequate remedy in the ordinary shall pay to the clerk of court of the Court of
course of law, a party may file a special civil action Appeals docketing fees and other lawful fees of
for certiorari to annul or set aside a ruling of the P3,500.00 and deposit the sum of P500.00 for costs.
Regional Trial Court. Exemption from payment of docket and other
lawful fees and the deposit for costs may be
A special civil action for certiorari may be filed granted by the Court of Appeals upon a verified
against the following orders of the court. motion setting forth valid grounds therefor. If the
Court of Appeals denies the motion, the petitioner
a. Holding that the arbitration agreement is shall pay the docketing and other lawful fees and
inexistent, invalid or unenforceable; deposit for costs within fifteen days from the notice
of the denial.
b. Reversing the arbitral tribunal’s preliminary
determination upholding its jurisdiction; Rule 19.28. When to file petition. - The petition
must be filed with the Court of Appeals within
c. Denying the request to refer the dispute to fifteen (15) days from notice of the judgment, order
arbitration; or resolution sought to be annulled or set aside. No
extension of time to file the petition shall be
d. Granting or refusing an interim relief; allowed.

e. Denying a petition for the appointment of an Rule 19.29. Arbitral tribunal a nominal party in the
arbitrator; petition. - The arbitral tribunal shall only be a
nominal party in the petition for certiorari. As
f. Confirming, vacating or correcting a domestic nominal party, the arbitral tribunal shall not be
arbitral award; required to submit any pleadings or written
submissions to the court. The arbitral tribunal or an
g. Suspending the proceedings to set aside an arbitrator may, however, submit such pleadings or
international commercial arbitral award and written submissions if the same serves the interest
referring the case back to the arbitral tribunal; of justice.

h. Allowing a party to enforce an international In petitions relating to the recognition and

commercial arbitral award pending appeal; enforcement of a foreign arbitral award, the arbitral
tribunal shall not be included even as a nominal
i. Adjourning or deferring a ruling on whether to set party. However, the tribunal may be notified of the
aside, recognize and or enforce an international proceedings and furnished with court processes.
commercial arbitral award;
Rule 19.30. Court to dismiss petition. - The court
j. Allowing a party to enforce a foreign arbitral shall dismiss the petition if it fails to comply with
award pending appeal; and Rules 19.27 and 19.28 above, or upon consideration
of the ground alleged and the legal briefs submitted
k. Denying a petition for assistance in taking by the parties, the petition does not appear to be
evidence. prima facie meritorious.

Rule 19.27. Form. - The petition shall be Rule 19.31. Order to comment. - If the petition is
accompanied by a certified true copy of the sufficient in form and substance to justify such
questioned judgment, order or resolution of the process, the Court of Appeals shall immediately
Regional Trial Court, copies of all pleadings and issue an order requiring the respondent or
documents relevant and pertinent thereto, and a respondents to comment on the petition within a
sworn certification of non-forum shopping as non-extendible period of fifteen (15) days from
32
receipt of a copy thereof. Such order shall be served a. Failed to apply the applicable standard or test for
on the respondents in such manner as the court judicial review prescribed in these Special ADR Rules
may direct, together with a copy of the petition and in arriving at its decision resulting in substantial
any annexes thereto. prejudice to the aggrieved party;

Rule 19.32. Arbitration may continue despite b. Erred in upholding a final order or decision
petition for certiorari. - A petition for certiorari to despite the lack of jurisdiction of the court that
the court from the action of the appointing rendered such final order or decision;
authority or the arbitral tribunal allowed under this
Rule shall not prevent the arbitral tribunal from c. Failed to apply any provision, principle, policy or
continuing the proceedings and rendering its award. rule contained in these Special ADR Rules resulting
Should the arbitral tribunal continue with the in substantial prejudice to the aggrieved party; and
proceedings, the arbitral proceedings and any
award rendered therein will be subject to the final d. Committed an error so egregious and harmful to
outcome of the pending petition for certiorari. a party as to amount to an undeniable excess of
jurisdiction.
Rule 19.33. Prohibition against injunctions. - The
Court of Appeals shall not, during the pendency of The mere fact that the petitioner disagrees with the
the proceedings before it, prohibit or enjoin the Court of Appeals’ determination of questions of
commencement of arbitration, the constitution of fact, of law or both questions of fact and law, shall
the arbitral tribunal, or the continuation of not warrant the exercise of the Supreme Court’s
arbitration. discretionary power. The error imputed to the Court
of Appeals must be grounded upon any of the
Rule 19.34. Proceedings after comment is filed. - above prescribed grounds for review or be closely
After the comment is filed, or the time for the filing analogous thereto.
thereof has expired, the court shall render
judgment granting the relief prayed for or to which A mere general allegation that the Court of Appeals
the petitioner is entitled, or denying the same, has committed serious and substantial error or that
within a non-extendible period of fifteen (15) days. it has acted with grave abuse of discretion resulting
in substantial prejudice to the petitioner without
Rule 19.35. Service and enforcement of order or indicating with specificity the nature of such error
judgment. - A certified copy of the judgment or abuse of discretion and the serious prejudice
rendered in accordance with the last preceding suffered by the petitioner on account thereof, shall
section shall be served upon the Regional Trial constitute sufficient ground for the Supreme Court
Court concerned in such manner as the Court of to dismiss outright the petition.
Appeals may direct, and disobedience thereto shall
be punished as contempt. Rule 19.37. Filing of petition with Supreme Court. - A
party desiring to appeal by certiorari from a
E. APPEAL BY CERTIORARI TO THE SUPREME judgment or final order or resolution of the Court of
COURT Appeals issued pursuant to these Special ADR Rules
may file with the Supreme Court a verified petition
Rule 19.36. Review discretionary. - A review by the for review on certiorari. The petition shall raise only
Supreme Court is not a matter of right, but of sound questions of law, which must be distinctly set forth.
judicial discretion, which will be granted only for
serious and compelling reasons resulting in grave Rule 19.38. Time for filing; extension. - The petition
prejudice to the aggrieved party. The following, shall be filed within fifteen (15) days from notice of
while neither controlling nor fully measuring the the judgment or final order or resolution appealed
court's discretion, indicate the serious and from, or of the denial of the petitioner's motion for
compelling, and necessarily, restrictive nature of the new trial or reconsideration filed in due time after
grounds that will warrant the exercise of the notice of the judgment.
Supreme Court’s discretionary powers, when the
Court of Appeals: On motion duly filed and served, with full payment
33
of the docket and other lawful fees and the deposit without merit, or is prosecuted manifestly for delay,
for costs before the expiration of the reglementary or that the questions raised therein are too
period, the Supreme Court may for justifiable insubstantial to require consideration.
reasons grant an extension of thirty (30) days only
within which to file the petition. Rule 19.42. Due course; elevation of records. - If the
petition is given due course, the Supreme Court
Rule 19.39. Docket and other lawful fees; proof of may require the elevation of the complete record of
service of petition. - Unless he has theretofore done the case or specified parts thereof within fifteen
so or unless the Supreme Court orders otherwise, (15) days from notice.
the petitioner shall pay docket and other lawful fees
to the clerk of court of the Supreme Court of PART VIIFINAL PROVISIONS
P3,500.00 and deposit the amount of P500.00 for
costs at the time of the filing of the petition. Proof RULE 20: FILING AND DEPOSIT FEES
of service of a copy thereof on the lower court
concerned and on the adverse party shall be Rule 20.1. Filing fee in petitions or counter-petitions
submitted together with the petition. to confirm or enforce, vacate or set aside arbitral
award or for the enforcement of a mediated
Rule 19.40. Contents of petition. - The petition shall settlement agreement. - The filing fee for filing a
be filed in eighteen (18) copies, with the original petition to confirm or enforce, vacate or set aside
copy intended for the court being indicated as such an arbitral award in a domestic arbitration or in an
by the petitioner, and shall (a) state the full name of international commercial arbitration, or enforce a
the appealing party as the petitioner and the mediated settlement agreement shall be as follows:
adverse party as respondent, without impleading
the lower courts or judges thereof either as PhP 10,000.00 - if the award does not exceed PhP
petitioners or respondents; (b) indicate the material 1,000,000.00
dates showing when notice of the judgment or final
order or resolution subject thereof was received, PhP 20,000.00 - if the award does not exceed PhP
when a motion for new trial or reconsideration, if 20,000,000.00
any, was filed and when notice of the denial thereof
was received; (c) set forth concisely a statement of PhP 30,000.00 - if the award does not exceed PhP
the matters involved, and the reasons or arguments 50,000,000.00
relied on for the allowance of the petition; (d) be
accompanied by a clearly legible duplicate original, PhP 40,000.00 - if the award does not exceed PhP
or a certified true copy of the judgment or final 100,000,000.00
order or resolution certified by the clerk of court of
the court a quo and the requisite number of plain PhP 50,000.00 - if the award exceeds PhP
copies thereof, and such material portions of the 100,000,000.00
record as would support the petition; and (e)
contain a sworn certification against forum The minimal filing fee payable in "all other actions
shopping. not involving property" shall be paid by the
petitioner seeking to enforce foreign arbitral
Rule 19.41. Dismissal or denial of petition. - The awards under the New York Convention in the
failure of the petitioner to comply with any of the Philippines.
foregoing requirements regarding the payment of
the docket and other lawful fees, deposit for costs, Rule 20.2. Filing fee for action to enforce as a
proof of service of the petition, and the contents of counter-petition. - A petition to enforce an arbitral
and the documents which should accompany the award in a domestic arbitration or in an
petition shall be sufficient ground for the dismissal international commercial arbitration submitted as a
thereof. petition to enforce and/or recognize an award in
opposition to a timely petition to vacate or set aside
The Supreme Court may on its own initiative deny the arbitral award shall require the payment of the
the petition on the ground that the appeal is filing fees prescribed in Rule 20.1 above.
34
Rule 20.3. Deposit fee for mediated settlement to the court for decision, the party praying for
agreements. - Any party to a mediated settlement confirmation or vacation of an arbitral award shall
agreement who deposits it with the clerk of court submit a statement under oath confirming the costs
shall pay a deposit fee of P500.00. he has incurred only in the proceedings for
confirmation or vacation of an arbitral award. The
Rule 20.4. Filing fee for other proceedings. - The costs shall include the attorney’s fees the party has
filing fee for the filing of any other proceedings, paid or is committed to pay to his counsel of record.
including applications for interim relief, as
authorized under these Special Rules not covered The prevailing party shall be entitled to an award of
under any of the foregoing provisions, shall be costs with respect to the proceedings before the
P10,000.00. court, which shall include the reasonable attorney’s
fees of the prevailing party against the unsuccessful
RULE 21: COSTS party. The court shall determine the reasonableness
of the claim for attorney’s fees.
Rule 21.1. Costs. - The costs of the ADR proceedings
shall be borne by the parties equally unless Rule 21.5. Bill of Costs. - Unless otherwise agreed
otherwise agreed upon or directed by the arbitrator upon by the parties in writing, at the time the case
or arbitral tribunal. is submitted to the court for decision, the party
praying for recognition and enforcement or for
Rule 21.2. On the dismissal of a petition against a setting aside an arbitral award shall submit a
ruling of the arbitral tribunal on a preliminary statement under oath confirming the costs he has
question upholding its jurisdiction. - If the Regional incurred only in the proceedings for such
Trial Court dismisses the petition against the ruling recognition and enforcement or setting-aside. The
of the arbitral tribunal on a preliminary question costs shall include attorney’s fees the party has paid
upholding its jurisdiction, it shall also order the or is committed to pay to his counsel of record.
petitioner to pay the respondent all reasonable
costs and expenses incurred in opposing the The prevailing party shall be entitled to an award of
petition. "Costs" shall include reasonable attorney’s costs, which shall include reasonable attorney’s fees
fees. The court shall award costs upon application of the prevailing party against the unsuccessful
of the respondent after the petition is denied and party. The court shall determine the reasonableness
the court finds, based on proof submitted by of the claim for attorney’s fees.
respondent, that the amount of costs incurred is
reasonable. Rule 21.6. Government’s exemption from payment
of fees. - The Republic of the Philippines, its
Rule 21.3. On recognition and enforcement of a agencies and instrumentalities are exempt from
foreign arbitral award. - At the time the case is paying legal fees provided in these Special ADR
submitted to the court for decision, the party Rules. Local governments and government
praying for recognition and enforcement of a controlled corporation with or with or without
foreign arbitral award shall submit a statement independent charters are not exempt from paying
under oath confirming the costs he has incurred such fees.
only in the proceedings in the Philippines for such
recognition and enforcement or setting-aside. The RULE 22: APPLICABILITY OF THE RULES OF COURT
costs shall include attorney’s fees the party has paid
or is committed to pay to his counsel of record. Rule 22.1. Applicability of Rules of Court. - The
provisions of the Rules of Court that are applicable
The prevailing party shall be entitled to an award of to the proceedings enumerated in Rule 1.1 of these
costs which shall include the reasonable attorney’s Special ADR Rules have either been included and
fees of the prevailing party against the unsuccessful incorporated in these Special ADR Rules or
party. The court shall determine the reasonableness specifically referred to herein.
of the claim for attorney’s fees.
In connection with the above proceedings, the Rules
Rule 21.4. Costs. - At the time the case is submitted of Evidence shall be liberally construed to achieve
35
the objectives of the Special ADR Rules. such as a pledge or a mortgage executed by the
borrower in favor of the lender under that contract
RULE 23: SEPARABILITY of loan.

Rule 23.1. Separability Clause. - If, for any reason, Rule A.2. Foreclosure of pledge or extra-judicial
any part of the Special ADR Rules shall be held foreclosure of mortgage not precluded by
unconstitutional or invalid, other Rules or provisions arbitration. - The commencement of the arbitral
hereof which are not affected thereby, shall proceeding under the contract of loan containing an
continue to be in full force and effect. arbitration agreement shall not preclude the lender
from availing himself of the right to obtain
RULE 24: TRANSITORY PROVISIONS satisfaction of the loan under the accessory contract
by foreclosure of the thing pledged or by extra-
Rule 24.1. Transitory Provision. - Considering its judicial foreclosure of the collateral under the real
procedural character, the Special ADR Rules shall be estate mortgage in accordance with Act No. 3135.
applicable to all pending arbitration, mediation or
other ADR forms covered by the ADR Act, unless the The lender may likewise institute foreclosure
parties agree otherwise. The Special ADR Rules, proceedings against the collateral securing the loan
however, may not prejudice or impair vested rights prior to the commencement of the arbitral
in accordance with law. proceeding.

RULE 25: ONLINE DISPUTE RESOLUTION By agreeing to refer any dispute under the contract
of loan to arbitration, the lender who is secured by
Rule 25.1. Applicability of the Special ADR Rules to an accessory contract of real estate mortgage shall
Online Dispute Resolution. - Whenever applicable be deemed to have waived his right to obtain
and appropriate, the Special ADR Rules shall govern satisfaction of the loan by judicial foreclosure.
the procedure for matters brought before the court
involving Online Dispute Resolution. Rule A.3. Remedy of the borrower against an action
taken by the lender against the collateral before the
Rule 25.2. Scope of Online Dispute Resolution. - constitution of the arbitral tribunal. - The borrower
Online Dispute Resolution shall refer to all providing security for the payment of his loan who
electronic forms of ADR including the use of the is aggrieved by the action taken by the lender
internet and other web or computed based against the collateral securing the loan may, if such
technologies for facilitating ADR. action against the collateral is taken before the
arbitral tribunal is constituted, apply with the
RULE 26: EFFECTIVITY appropriate court for interim relief against any such
action of the lender. Such interim relief may be
Rule 26.1. Effectivity. - The Special ADR Rules shall obtained only in a special proceeding for that
take effect fifteen (15) days after its complete purpose, against the action taken by the lender
publication in two (2) newspapers of general against the collateral, pending the constitution of
circulation. the arbitral tribunal. Any determination made by
the court in that special proceeding pertaining to
the merits of the controversy, including the right of
the lender to proceed against the collateral, shall be
RULE A: GUIDELINES FOR THE RESOLUTION OF only provisional in nature.
ISSUES RELATED TO ARBITRATION OF LOANS
SECURED BY COLLATERAL After the arbitral tribunal is constituted, the court
shall stay its proceedings and defer to the
Rule A.1. Applicability of an arbitration agreement jurisdiction of the arbitral tribunal over the entire
in a contract of loan applies to the accessory controversy including any question regarding the
contract securing the loan. - An arbitration right of the lender to proceed against the collateral.
agreement in a contract of loan extends to and
covers the accessory contract securing the loan Rule A.4. Remedy of borrower against action taken
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by the lender against the collateral after the arbitral accessory contract, either directly or by reference,
tribunal has been constituted. - After the arbitral to be bound by such arbitration agreement.
tribunal is constituted, the borrower providing
security for the payment of his loan who is Unless otherwise expressly agreed upon by the
aggrieved by the action taken by the lender against third-party securing the loan, his agreement to be
the collateral securing the loan may apply to the bound by the arbitration agreement in the contract
arbitral tribunal for relief, including a claim for of loan shall pertain to disputes arising from or in
damages, against such action of the lender. An connection with the relationship between the
application to the court may also be made by the lender and the borrower as well as the relationship
borrower against any action taken by the lender between the lender and such third-party including
against the collateral securing the loan but only if the right of the lender to proceed against the
the arbitral tribunal cannot act effectively to collateral securing the loan, but shall exclude
prevent an irreparable injury to the rights of such disputes pertaining to the relationship exclusively
borrower during the pendency of the arbitral between the borrower and the provider of security
proceeding. such as that involving a claim by the provider of
security for indemnification against the borrower.
An arbitration agreement in a contract of loan
precludes the borrower therein providing security In this multi-party arbitration among the lender, the
for the loan from filing and/or proceeding with any borrower and the third party securing the loan, the
action in court to prevent the lender from parties may agree to submit to arbitration before a
foreclosing the pledge or extra-judicially foreclosing sole arbitrator or a panel of three arbitrators to be
the mortgage. If any such action is filed in court, the appointed either by an Appointing Authority
lender shall have the right provided in the Special designated by the parties in the arbitration
ADR Rules to have such action stayed on account of agreement or by a default Appointing Authority
the arbitration agreement. under the law.

Rule A.5. Relief that may be granted by the arbitral In default of an agreement on the manner of
tribunal. - The arbitral tribunal, in aid of the arbitral appointing arbitrators or of constituting the arbitral
proceeding before it, may upon submission of tribunal in such multi-party arbitration, the dispute
adequate security, suspend or enjoin the lender shall be resolved by a panel of three arbitrators to
from proceeding against the collateral securing the be designated by the Appointing Authority under
loan pending final determination by the arbitral the law. But even in default of an agreement on the
tribunal of the dispute brought to it for decision manner of appointing an arbitrator or constituting
under such contract of loan. an arbitral tribunal in a multi-party arbitration, if the
borrower and the third party securing the loan
The arbitral tribunal shall have the authority to agree to designate a common arbitrator, arbitration
resolve the issue of the validity of the foreclosure of shall be decided by a panel of three arbitrators: one
the thing pledged or of the extrajudicial foreclosure to be designated by the lender; the other to be
of the collateral under the real estate mortgage if designated jointly by the borrower and the provider
the same has not yet been foreclosed or confirm of security who have agreed to designate the same
the validity of such foreclosure if made before the arbitrator; and a third arbitrator who shall serve as
rendition of the arbitral award and had not been the chairperson of the arbitral panel to be
enjoined. designated by the two party-designated arbitrators.

Rule A.6. Arbitration involving a third-party

provider of security. - An arbitration agreement
contained in a contract of loan between the lender
and the borrower extends to and covers an
accessory contract securing the loan, such as a
pledge, mortgage, guaranty or suretyship, executed
by a person other than the borrower only if such
third-party securing the loan has agreed in the
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