Notes on Katarungang Pambarangay Law

P.D. 1508, as amended by the Local Government Code of 1991(R.A. 7160)

1. Objectives.

- reduce the number of court litigations and prevent the deterioration

of the quality of justice brought about by the indiscriminate filing
of cases in courts.

- relieve the trial courts of cases among neighbors that hopefully can
be settled through mediation or conciliation on peaceful and
friendly confrontations.

2. Lupon.

- not a barangay court nor its members to be called barangay

justices;
- no power to impose criminal sanctions or to punish for contempt;
- an administrative body vested with conciliatory functions;
- no adjudicative functions.

3. Punong Barangay.

- as Lupon Chairman, he is the central figure in the barangay system

of amicable settlement of dispute;
- in contemplation of the law, he is the barangay official best
qualified to mediate because being in the position of authority, he
is deemed to possess moral influence or ascendancy;
- designating another is violative of the statutory requirement of
personal confrontation before him by the parties.
* Exception: Succession or substitution prescribed by law
*General Rule – Seniority, except if the local chief executive
designates in writing as OIC a local official other than the highest
ranking Sangguniang Barangay member, if said local chief
executive is traveling within the country, but outside his territorial
jurisdiction for a period not exceeding three (3) consecutive days.
The authorization shall specify the powers and functions of the
 OIC which shall not however include the power to appoint,
suspend, or dismiss employees.
* If succession or substitution is proper – the amicable
settlement may be sworn to and attested by the successor or
substitute.
- Punong Barangay can ask the assistance of another provided the
substitution is only physical and that he remains in control of the
proceedings and the discharge of his responsibilities remain with
him. Amicable settlement therefore must be sworn to and attested
before the Punong barangay himself;
- parties may decide to have the mediation before the Lupon
members and not before the Punong Barangay provided that the
amicable settlement is signed, sworn to and attested before the
Punong Barangay.

4. Lupon Chairman.

- ex-officio to the position of Punong Barangay, said position of

Lupon Chairman being not appointive, but by designation by law.

5. Lupon.

- lawyers, whether in private or government service are qualified for

membership. What is not allowed is the appearance of the lawyer
of any of the parties;
- ecclesiastics, soldiers in active service, persons receiving salaries
or compensations from provincial or national funds or contractors
for public works in the municipality may also qualify. Reason:
appointment as Lupon member is appointment to a barangay office
not municipal;
- lupon members while in the performance of their official duties or
in the occasion thereof, shall be deemed as persons in authority.
For purposes of the Revised Penal Code, the Punong Barangay,
Sangguniang Barangay members, and members of the Lupong
Tagapamayapa in each barangay shall be deemed as persons in
authority in their jurisdictions.

6. Pangkat.

- if not chosen by parties, violation;

 - PB may be chosen as member and elected as chairman, his position
being concurrent as Lupon Chairman and as such is an automatic
member of the Lupon;

7. In the administration of the Katarungang Pambarangay, and whenever

necessary, the provincial, city legal officer or prosecutor or the municipal
legal officer shall render legal advice on matters involving questions of
law to the Punong Barangay or any Lupon or Pangkat member.

8. Subject matters for Amicable Settlement (Sec. 408), supplemented by

Administrative Circular No. 14-93-issued by the Supreme Court on July
15, 1993.

All disputes are subject to barangay conciliation pursuant to the Revised

Katarungang Pambarangay Law (formerly P.D. 1508, repealed and now
replaced by Sections 399-422, Chapter VII, Title I, Book III, and Section
515, Title I, Book IV, R.A. 7160, otherwise known as the Local
Government Code of 1991), and prior recourse thereto is a pre-condition
before filing a complaint in court or any government offices, except in
the following disputes:

a. Where one party is the government, or any subdivision or

instrumentality thereof;

b. Where one party is a public officer or employee and the dispute

relates to the performance of his official functions;

c. Where the dispute involves real properties located in different cities

and municipalities, unless the parties thereto agree to submit their
difference to amicable settlement by an appropriate Lupon;

d. Any complaint by or against corporations, partnerships or juridical

entities, since only individuals shall be parties to Barangay
conciliation proceedings either as complainants or respondents;

e. Disputes involving parties who actually reside in barangays of

different cities or municipalities, except where such barangay units
adjoin each other and the parties thereto agree to submit their
differences to amicable settlement by an appropriate Lupon;
 f. Offenses for which the law prescribes a maximum penalty of
imprisonment exceeding one (1) year or a fine of over five thousand
pesos (P15,000.00)

g. Offenses where there is no private offended party;

h. Disputes where urgent action is necessary to prevent injustice from

being committed or further continued, specifically the following:

1. Criminal cases where accused is under police custody or

detention;
2. Petitioner for habeas corpus by a person illegally deprived of
his rightful custody over another or a person illegally deprived
of or on acting in his behalf;
3. Actions coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property and
support during the pendency of the action; and
4. Actions which may be barred by the Statute of Limitations.

i. Any class of disputes which the President may determine in the

interest of justice or upon the recommendation of the Secretary of
Justice;

j. Where the dispute arises from the Comprehensive Agrarian Reform

Law (CARL);

k. Labor disputes or controversies arising from employer-employee

relations which grants original and exclusive jurisdiction over
conciliation and mediation of disputes, grievances or problems to
certain offices of the Department of Labor and Employment; and

l. Actions to annul judgment upon a compromise which may be filed

directly in court.

9. “Actually residing” denotes physical presence.

10. Acceptance of a court-referred non-criminal case is a duty of the Punong

Barangay even if beyond Lupon’s authority.

11. Venue.
 - dispute to be settled in the barangay where respondent resides.

Reasons:

1. Lupon members have moral ascendancy or persuasion over

respondent who is a neighbor or co-barangay resident;
2. to avoid harassment.

12. Conciliation before Mediation is irregular.

13. After constitution of Pangkat parties decide to mediate and settle before
Punong Barangay, valid? Yes.

14. A complainant who refused or willfully fails to appear for mediation may
be barred from seeking judicial recourse, provided he is given the
opportunity to explain.

15. Failure of respondent to appear before the Lupon Chairman is not a

ground for the issuance of a certification to file action in court. Said
certificate will be issued if respondent fails to appear before the Pangkat
for conciliation.

16. What is punishable as indirect contempt of court is the refusal or willful

failure of a party or witness to appear or the date set for mediation,
conciliation, or arbitration. Lupon Chairman, Pangkat Chairman, or any
of the parties may file complaint.

17. Arbitration:
- before Lupon Chairman or the Pangkat;
- can be done at any stage of the proceedings;
- agreement to arbitrate must be in writing;
- agreement may be repudiated within 5 days from date of
agreement to arbitrate;
- arbitration award becomes final after 10 days, unless a judicial
petition is filed to nullify the same within 10 days from receipt of a
copy;
- effect of finality – shall have the force and effect of a final court,
judgment, except if the settlement or award is contrary to law,
morals, good customs and public policy.
18. Proceedings for settlement:

- public and formal.

Exception: public is excluded in the interest of privacy, decency, or

public morals;

19. Personal appearance of parties without assistance of counsel or

representation.

Exception: minors and incompetents who may be assisted by their

next of kin who are not lawyers;

20. Execution.

- settlement or arbitration award may be enforced by execution

within 6 months from date the obligation becomes due and
demandable;

21. Repudiation.

- within 10 days from date of settlement;

- in writing and sworn to;
- grounds:
a. consent is vitiated by fraud;
b. violence; and
c. intimidation

ALTERNATIVE DISPUTE RESOLUTION

FIRST VIDEO. 1 HR 47 MIN

The government recognizes this mode of settling dispute, meaning - alternative to

judicial proceeding to settle justiciable controversies because it is more simplified, the
parties has freedom to negotiate (autonomy), faster, and economical. This is why we
have several mechanisms enforced by the government, basically by the judiciary and the
executive branch.
The concept or the doctrine of exhaustion of administrative remedies are actually the first
step within the department of the executive branch which has adjudicatory functions or
power to resolve justiciable controversies.

GENERAL PRINCIPLE: What happens in the ADR stays in the ADR. If the ADR
proceedings fail, it will not form part of the records of the case when it goes beyond ADR
and into a full-blown trial or judicial proceeding.

A. CONCILIATION – the conciliator will just guide the parties to

settle/or come into a resolution among themselves; the conciliator is a
mere facilitator. The proposal on which how to settle the dispute will
come from the parties. The conciliator cannot suggest a solution.
Even the participation of lawyers are just to guide the parties
involved.

NOTE: There are ADR proceedings under the auspices of the state
which bars the lawyer to participate (e.g. katarungang pambarangay).

NOTE: Small claims court are similar but are technically not a part of
ADR.

B. MEDIATION – Suggestive in nature; the mediator can suggest

solutions.

C. ARBITRATION – The parties will agree in writing, and signed, to

submit their dispute/justiciable controversy for arbitration. There is
an arbitrator or panel of arbitrators elected (chosen) by the parties
themselves. Each party will present pieces of evidence (oral,
documentary, object). After the submission of evidence, the
arbitrator/panel will render an award (arbitral award). There is
semblance to a judicial proceeding, but arbitration is still an ADR.
The resolution/decision in an arbitration is called an award, not a
judgment.

GENERAL PRINCIPLE: In ADR, whatever form it is, there is no winning or losing

party, everybody is actually in agreement to the outcome of the justiciable controversy.

PD 1508 – (ESTABLISHING A SYSTEM OF AMICABLY SETTLING DISPUTES AT

THE BARANGAY LEVEL) in 1978 during Marcos regime, alternative dispute
resolution through the Katarungang Pambarangay.
RA 7160 – (AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991)
repealed PD 1508; incorporated the Katarungang Pambarangay in sections 399 - 422

What can be the subject of ADR (scope)?

Civil aspect of a criminal case or act (either from the penal code or a special law with a
penal sanction) where the punishment is 1 year or less of imprisonment. In a criminal
case, the primordial offended party is the State. ADR can never compromise the criminal
aspect, only the civil aspect. After settlement of the civil aspect through ADR, the private
offended party may execute an affidavit of desistance, showing disinterest to pursue the
criminal case (esp. in cases of estafa or violation of BP 22). As a result, the prosecutor
may move to the dismissal of the case when the offended party, as the witness, is no
longer interested in the case, losing the testimony of the private complainant. However, if
the prosecutor has other pieces of evidence that may result to the conviction of the
offending party, (other than the testimony of the private complainant) the prosecution
may still pursue the criminal action.

REVISED KATARUNGANG PAMBARANGAY LAW

What disputes are subject to barangay conciliation pursuant to the Revised

Katarungang Pambarangay Law?

Prior recourse thereto is a precondition before filing complaint in court or any

government office. As a general rule, all disputes will go through barangay conciliation
proceedings except:

1. Where one party is the government or any subdivision or

instrumentality of thereof;

2. Where one party is a public officer or employee, and the dispute

relates to the performance of his official functions;

3. Where the dispute involves real properties located in different cities or

municipalities unless the parties thereto agree to submit their
differences to amicable settlement by an appropriate lupon;

4. Any complaint by or against corporations, partnerships, juridical

entities, since only private individuals shall be parties to barangay
conciliation proceedings either as complainants or respondents;

5. Disputes involving parties who actually reside in barangays of

different cities or municipalities, except where such barangay units
 adjoin each other, and the parties thereto agree to submit their
differences to amicable settlement by an appropriate lupon;

6. Offenses punishable by imprisonment exceeding one (1) year or a fine

exceeding Five thousand pesos (P5,000.00);

7. Offenses where there is no private offended party;

8. Disputes where urgent legal action is necessary to prevent injustice

from being committed or further continued especially the following:
(a) criminal cases where accused is under police custody or detention;
(b) petitions for habeas corpus by person illegally deprived of his right
for custody over another person or person illegally deprived of his
liberty or one acting in his behalf; (c) action coupled with provisional
remedies (e.g. support during dependency of the action); (d) action
which may be barred by the statute of limitations.

When the dispute is qualified to be under the coverage of barangay conciliation, the party
may not file a judicial action or case in any court or government office exercising quasi-
judicial function with adjudicatory powers, without first complying with barangay
conciliation. Otherwise, non-compliance with this rule will result to the dismissal of the
action. (condition precedent) In case of failure in the conciliation proceedings, the party
may acquire from the Lupong Tagapamayapa a Certificate to File Action (CFA) in the
proper court or government office – to be attached to the complaint to be filed in court or
quasi-judicial government office with adjudicatory powers.

KATARUNGAN PAMBARANGAY
 
o Lupon Chairman – the Barangay Captain
o Lupon – 10-20 members aside from the chairman/captain
o Within a lupon, there is a pangkat (usually 3 members from the lupon,
should reside or work regularly in that barangay)
 
How to be a lupon member?

One should possess integrity, impartiality, independence of mind, sense of fairness and
reputation for probity to be appointed a member of lupon.
 
Term of office of lupon member?

3 years unless terminated by resignation, withdrawal, transfer of residence or work.

 NOTE: When there is another person to fill the vacancy, that person replacing
will only work for the unexpired portion of the term of 3 years.
 
When the chairman of lupon did not resolve the justiciable controversy or complaint that
was submitted or filed in the barangay, a pangkat should be constituted.
 
There shall be constituted for each dispute brought before the lupon conciliation panel to
be known as the pangkat tagapagsundo, consisting of 3 members of the lupon, chosen
by the parties to the dispute, from the least of the members of the lupon.

The disputants will be choosing the 3 members. A draw lots will be conducted by the
lupon chairman/kapitan if the party failed to agree. Within the 3 members, they will elect
who will be the chair and the secretary. 
 
VENUE
 
Where should a complaint be filed in barangay?

o Venue can be stipulated or agreed by the parties, but the jurisdiction of

the court cannot be agreed by the parties, it is set or identified by law.
o If the venue is improper due to the party’s failure to set an agreement, the
complaint may be dismissed.
o If the court has no jurisdiction, the complaint will be dismissed motu
proprio. 
 
SAME BARANGAY

Disputes between person residing in the same barangay, the complaint will be filed in
that barangay where the party resides. 
 
DIFFERENT BARANGAY

Those involving actual residence of different barangays shall bring the complaint in the
barangay where the respondent or any of the respondent actually resides at the election of
the complainant. The complainant will decide where he will file the complaint. It must be
in a barangay within the municipality or city.
 
DISPUTES INVOLVING REAL PROPERTY

All disputes involving real property, or any interest shall be brought in the barangay
where the real property or a larger portion thereof is situated.
 
DISPUTES ARISING FROM THE WORKPLACE WHERE THE CONTENDING
PARTIES ARE EMPLOYED
The parties are both employee of a workplace, the complaint shall be filed in the
barangay where the institution or workplace is located.
 
In cases of disputes of students, the complaint shall be brought in the barangay where the
school or institution is located.
 
OBJECTION TO VENUE

Objection to venue shall be raised in the mediation proceeding before the punong
barangay. The first meeting with the barangay captain. Otherwise, the same shall be
deemed waived, it means that the hearing for conciliation will continue.
 
Any legal question which may confront the punong barangay in resolving objection to
venue herein referred to may be submitted to the Secretary of Justice or his duly
designated representative who’s ruling thereon shall be binding.
 
HOW MANY DAYS DOES THE BARANGAY HAVE TO SETTLE THE
CONTROVERSY OF THE PARTIES?

The barangay only has 60 days to settle the controversy from the filing of the complaint.
If more than 60 days, the general rule is, the running of prescriptive period will again
commence.
 
PROCEDURE OF AMICABLE SETTLEMENT:

1. Complainant will file a written or oral complaint to the Lupon Chair. (Sometimes
there is already a ready form)

2. Within the next working day, after the filing of the complaint, the lupon chair or
kapitan will summon the respondent with notice to the complainant for them and
their witnesses to appear before him for conciliation/mediation.

3. If the lupon chairman fails in his mediation effort within 15 days from the first
meeting of the parties, he shall set the date for the constitution of the pangkat.

If you received a summon but you dismissed it, it can be tolerated. Pangkat can be
constituted, but it is already exhaustive. The lupon chair can also just issue a
CFA. The Secretary of the lupon chair can also issue it without constituting a
pangkat.

SUBSTANTIAL COMPLIANCE

Diu v. CA – no condition precedent, the kapitan failed in his mediation procedure

within 15 days and he did not constitute the pangkat. the other party is invoking
that the kapitan failed to constitute pangkat. Sec. 412 LGC, confrontation with the
 chairman is sufficient with the issuance of CFA that is already substantial
compliance.

The kapitan may file with the MTC a case for contempt for the non-
responsiveness of one of the respondents/parties despite summonses served.

4. If 15 days has passed and no pangkat was constituted, parties may choose the
members for the pangkat or if none was choses, through raffle.

Within that pangkat, the members will choose/elect among themselves who will
act as pangkat chairman, secretary…

The pangkat shall convene not later than three (3) days from its constitution, on
the day and hour set by the lupon chairman, to hear both parties and their
witnesses, simplify issues, and explore all possibilities for amicable settlement.

Period to arrive at a settlement - The pangkat shall arrive at a settlement or

resolution of the dispute within fifteen (15) days from the day it convenes in
accordance with this section. This period shall, at the discretion of the pangkat, be
extendible for another period which shall not exceed fifteen (15) days, except in
clearly meritorious cases.

If more than 60 days the dispute was not resolved, a CFA will be issued.

If amicable settlement was entered into, then good. The Amicable Settlement
shall be in writing.

The amicable settlement and arbitration award shall have the force and effect of
a final judgment of a court upon the expiration of ten (10) days from the date
thereof, unless repudiation of the settlement has been made or a petition to
nullify the award has been filed before the proper city or municipal court.

How is the amicable settlement repudiated (refuse to accept or be associated

with)?

Any party to the dispute may, within ten (10) days from the date of the settlement,
repudiate the same by filing with the lupon chairman a statement to that effect
sworn to before him, where the consent is vitiated by fraud, violence, or
intimidation. Such repudiation shall be sufficient basis for the issuance of the
certification for filing a complaint as hereinabove provided.

Appearance of Parties in Person. - In all katarungang pambarangay proceedings,

the parties must appear in person without the assistance of counsel or
representative, except for minors and incompetents who may be assisted by their
next-of-kin who are not lawyers.
 If the amicable settlement was not repudiated within 10 days, how will the
compromise agreement be enforced?

Section 417. Execution. - The amicable settlement or arbitration award may be

enforced by execution by the lupon within six (6) months from the date of the
settlement. After the lapse of such time, the settlement may be enforced by action
in the appropriate city or municipal court.

There are issues or disputes that cannot be conciliated or mediated. Article 205 of
the Civil Code.

ART. 2035. No compromise upon the following questions shall be valid:

(1) The civil status of persons;

(2) The validity of a marriage or a legal separation;
(3) Any ground for legal separation;
(4) Future support;
(5) The jurisdiction of courts;
(6) Future legitime.

BARANGAY ARBITRATION

What are the requirements if you want to submit a dispute for barangay
arbitration?

It is the process of resolving a dispute or a grievance outside of the court system by

presenting it to third-party or a panel for decision.

The parties may submit their dispute to the lupon chairman, or the pangkat for arbitration.
But they must first enter into a written agreement to arbitrate. The arbitrator (panel,
pangkat, or lupon) will give an award, so there must be an agreement to abide by that
award.

Section 413. Arbitration. -

(a) The parties may, at any stage of the proceedings, agree in writing that they shall abide
by the arbitration award of the lupon chairman or the pangkat. Such agreement to
arbitrate may be repudiated within five (5) days from the date thereof for the same
grounds and in accordance with the procedure hereinafter prescribed. The arbitration
award shall be made after the lapse of the period for repudiation and within ten (10) days
thereafter.

(b) The arbitration award shall be in writing in a language or dialect known to the parties.
When the parties to the dispute do not use the same language or dialect, the award shall
be written in the language or dialect known to them.
What can be repudiated?
The agreement for arbitration, within 5 days from the agreement.

The lupon chairman or pangkat shall make an award within 10 days from the lapse of the
5-day repudiation time. So in essence, 15 days.

Can the award of the arbitration be also repudiated?

No. The arbitration award cannot be repudiated.

What is your remedy then?

File with the appropriate with the MTC a petition for nullification (of the arbitral award
of the barangay) within 10 days from the receipt of the award.

If no petition for nullification was filed, what is the effect of the arbitral award?
It shall have the effect of a final judgment of a court.

How will it be enforced?

Enforced by execution by the lupon within 6 months from the arbitral award. After the
lapse of such time, the settlement may be enforced by action in the appropriate city or
municipal court.

Single Entry Approach – Department Order No. 107, series of

2011 DOLE
Single Entry Approach is an administrative approach to provide a speedy, impartial,
inexpensive, and accessible settlement procedure for all issues/complaints arising from
employer-employee relations [purpose:] to prevent them from ripening into full blown
disputes. Under this approach, all labor and employment disputes shall undergo a 30-day
mandatory conciliation-mediation process to effect settlement among the contending
parties.

THE RULES OF PROCEDURE OF THE SINGLE ENTRY APPROACH (SEnA)

Pursuant to the provisions of Department Order No. 107, series of 2010, the following
SENA Rules of Procedure is hereby adopted:

RULE I CONSTRUCTION AND DEFINITION OF TERMS

SECTION 1. CONSTRUCTION. - This Rules shall be construed in a manner that shall

result in a just, expeditious and inexpensive settlement of labor disputes through
conciliation-mediation.
SECTION 2. DEFINITION OF TERMS. - For purposes of this Rules, the following
terms are defined as follows:

a) "Conciliation-Mediation" refers to the process of dispute

management conducted by the SEADO, in accordance with this Rules, to
facilitate an amicable settlement of labor disputes.

b) "Labor Dispute" refers to all issues or conflicts that are

covered by this Rules.

c) "Referral" refers to the indorsement of unsettled issues through a

document issued by the SEAD referring the unresolved issue/s to
appropriate DOLE Office or Agency that has jurisdiction over the
dispute. It contains the names and addresses of the parties, the
stipulated and admitted facts, summary of unresolved issues, causes of
action and the relief sought without prejudice to amendments on the
complaint by the parties before the Office or Agency having
jurisdiction over the dispute.

d) "Request for Assistance (RFA)" refers to the request for the conduct
of conciliation-mediation under SEnA to assist the parties to arrive at
a settlement agreement.
e) "Requesting Party" refers to an employee, group of employees,
employer or union who files an RFA.

f) "Responding Party" refers to an employee, group of employees,

employer or union requested to appear for conciliation-mediation
under SENA.

g) "Single Entry Approach or SENA" refers to an administrative

approach to provide a speedy, impartial, inexpensive and accessible
settlement procedure of all labor issues or conflicts to prevent them
from ripening into full blown disputes. Conciliation-mediation process
shall be utilized as immediate intervention to effect amicable
settlement among the differing parties.

h) "Single Entry Assistance Desk or SEAD" refers to the desk/unit in

the DOLE Central/Regional/Provincial/Field Offices and Attached
Agencies providing conciliation-mediation services or assistance
under SENA.
 i) "Single Entry Assistance Desk Officer (SEADO) or Desk Officer"
refers to a person designated to provide assessment, evaluation,
counseling and conciliation-mediation services before the filing of any
labor complaint or dispute.

j) "30-day mandatory conciliation-mediation period" refers to the 30

calendar days maximum period within which to conduct the
mandatory conciliation-mediation proceedings, and to refer the issue
to the appropriate agency if unsettled.

SECTION 3. COVERAGE. - As far as practicable, this Rules shall be applicable to the

following:

a) Termination or suspension of employment issues;

b) Claims for any sum of money, regardless of amount;
c) Intra-union and inter-union issues [intra-union: within the union;
inter-union: between two or more unions] except petition for
certification election [under the BLR; med-arbiter], after exhaustion
of administrative remedies;
d) Unfair Labor Practice;
e) Closures, retrenchments, redundancies, temporary lay-offs;
f) OFW cases;
g) Occupational safety and health standards issues except those
involving imminent danger situation;
h) Issues arising from other labor and related issuances (OLRI)
i) Any other claims arising from employer-employee relationship, and
j) Cases falling under the administrative and quasi-judicial jurisdiction
of all DOLE offices and attached agencies, including NLRC, except:

1. Notices of strikes or lockouts, or preventive mediation cases which

shall remain with the National Conciliation and Mediation Board
(NCMB); and

2. Issues arising from the interpretation or implementation of the

collective bargaining agreement and those arising from
interpretation or enforcement of company personnel policies which
should be processed through the Grievance Machinery and
voluntary arbitration.

3. Issues involving violations of the following permits, licenses or

 registrations:

i. Alien Employment Permit (AEP);

ii. PRPA authority or license;
iii. Working child permit (WCP) and violations of Republic
Act No.9231 (Anti-Child Labor Law);
iv. Registration under Department Order No. 18-02;
v. POEA issued licenses under the Migrant Workers' Act,
as amended;
vi. Professional license issued by the PRC; vii. TESDA
accreditations; and
vii. Other similar permits, licenses or registrations issued by
the DOLE or its attached agencies.

RULE II REQUEST FOR ASSISTANCE (RFA)

SECTION 1. WHERE TO FILE. - The request for assistance shall be filed at any
SEAD or unit in the region/provincial/district/field office where the employer principally
operates.

In case of a union or federation representing a local chapter, the request shall be made at
the regional/provincial/district/field office where the union or local chapter is
registered.

Where two or more RFAs involving the same responding party are filed before different
SEADs within the same region, the requests shall be endorsed to the SEAD where the
employer principally operates or where the union/local chapter is registered, as the case
may be.

If the request for assistance is filed with the SEAD most convenient to the requesting
party but outside the region where the employer principally operates, the SEADO may
entertain the same and proceed with the conciliation-mediation provided the same is not
objected to by the employer. In case of objection, the SEADO shall immediately refer the
request to the appropriate agency.

SECTION 2. EVALUATION, RECEIPT, DOCKETING OF RFA AND INITIAL

CONFERENCE.

a) Any employee or group of employees, employer or union who comes

for assistance shall be interviewed for evaluation purposes and shall
be advised of the objectives and procedures of the SENA Program.
 b) After the interview, the employee or group of employees, employer or
union who comes for assistance may accomplish the required RFA
Form with SEADO assistance. The SEADO shall make an entry
thereof in the SENA Logbook indicating the following:

i. reference number;
ii. date of filing;
iii. names and addresses of requesting and responding parties;
iv. pendency of similar or related cases;
v. nature and subject of the grievance/request; and
vi. disposition.

c) After which, the SEADO shall assign a docket number using the
following format: SEAD (Name Regional
Office)-(Province/Field/District Office)-(No. of Request under the
Region)-(Month) - (Year).

Ex. SEAD ROIVA-LAG-01-12-07, SEAD ROIVA-NLRC-RAB-01-10-10

d) The SEADO assigned to handle the RFA shall immediately schedule

the initial conference.

SECTION 3. NOTICE OF CONFERENCE [conciliation-mediation]. - Using the

SENA Notice Form, the SEADO may utilize any of the following modes of service of
notice: personal; registered mail; electronic mail; courier; facsimile; or any other fast,
economical and effective mode of notifying the parties taking into consideration the
prevailing circumstances within the SEADO's area of responsibility.

SECTION 4. COMPLAINT/REQUEST FOR ASSISTANCE THROUGH

LETTER. - Where a complaint/request for assistance is accounted through a letter, e-
mail or referral, the Head of Office shall respond by explaining the procedures of the
SENA Program and require the personal appearance of the complainant to the SEAD
pursuant to the provision of Section 1, Rule II.

SECTION 5. ANONYMOUS COMPLAINT/REQUEST. - In case of anonymous

complaint request for assistance, the SEADO shall verify the same by requesting an
interview with the responding party to facilitate compliance or correction if there are
violations.

Refusal or non-appearance of the responding party on the scheduled interview would

automatically result to a directive by the Head of Office to conduct of inspection in the
establishment. Compliance or correction of violations uncovered during the inspection
shall be facilitated through conciliation-mediation services.
 RULE III
THE SINGLE ENTRY APPROACH DESK OFFICERS (SEADO)

SECTION 1. DUTIES AND RESPONSIBILITIES. - The SEADO shall

exert best efforts to assist the parties arrive at a settlement. In facilitating the conciliation
meeting, he/she shall:

a) Clarify the issues and narrow down the disagreements;

b) Validate the positions and the relief sought;
c) Encourage parties to generate options and enter into stipulations;
d) Offer proposals and options toward mutually acceptable solutions and voluntary
settlement; and
e) Facilitate the preparation of the settlement documents.

SECTION 2. NORM AND CONDUCT. - The SEADO must at all times conduct
him/herself with utmost courtesy and in an upright manner whose first and primary duty
is to implement the provisions of Department Order No. 107, Series of 2010, taking into
consideration the following guiding principles:

a) Provision of speedy, impartial, inexpensive and accessible settlement services;

and

b) Promotion of the use of conciliation-mediation as the primary mode in the

settlement of all labor cases with only unresolved issues for referral to either
voluntary arbitration, if both parties so agree, or compulsory arbitration to the
National Labor Relations Commission (NLRC) or appropriate agency or office of
the DOLE, as the case may be.

RULE IV
CONDUCT OF CONCILIATION-MEDIATION

SECTION 1. SCHEDULE OF CONFERENCES. –

a) The SEADO may hold as many conferences he/she deems necessary within the
30-day mandatory conciliation-mediation period to facilitate a settlement
agreement.

b) The resetting of the scheduled conference shall only be allowed on meritorious

grounds and if the other party concurred to the resetting. In such a case, the
conference shall be held not later than three (3) days from the original scheduled
conference, and
c) The 30-day period may be extended for only a maximum of seven (7) days when
the parties mutually agree to such extension.

SECTION 2. SEnA GUIDING PRINCIPLES IN LABOR STANDARDS AND

INTER-INTRA UNION CASES. - Conciliation-mediation services by the SEADO in
labor standards and inter-intra union cases shall observe the following guiding principles:

a) In labor standards, including occupational safety and health standards issues, the
conciliation-mediation services shall be towards facilitating an expeditious and
non-litigious compliance by the responding party and ensuring the
implementation of corrective measures on the identified violations in the
establishment.

b) In inter-intra union issues, the conciliation-mediation services shall be towards

facilitating a settlement or an agreed expeditious process to resolve the issue/s. It
should not in any way be made as an added layer to the periods set forth in
Department Order No. 40, Series of 2003, as amended.

SECTION 3. APPEARANCE OF PARTIES. –

a) The parties, as far as practicable, shall personally appear at all times.

b) Lawyers may be allowed to join the conference only to render advice to their
clients.

c) Lawyers, agents or attorneys-in-fact may appear in behalf of any of the parties

provided they could show a special power of attorney granting them authority to
represent and enter into a binding agreement for their principal.

SECTION 4. PRE-TERMINATION OF THE 30-DAY MANDATORY

CONCIUATION-MEDIATION PROCEEDINGS. - Any or both parties, within
the 30-day period, may or cause to pre-terminate the proceedings by:

a) verbal or written withdrawal by the requesting party;

b) withdrawal due to disinterest caused by non-appearance of the requesting party in
two (2) scheduled consecutive conferences despite due notice;
c) request for Referral by the requesting party to the appropriate DOLE office or
Agency which has jurisdiction over the dispute;
d) non-appearance of the responding party in two (2) scheduled consecutive
conferences despite due notice; or
e) non-submission/resistance of the responding party to conciliation mediation.

SECTION 5. TERMINATION OF SEnA PROCEEDINGS. - Any of the following

shall render the SEnA proceedings closed and terminated:
1. Pre-termination of the 30-day mandatory conciliation-mediation
proceedings as defined in Section 4 hereof;
2. Expiration of the 30-day mandatory period unless both parties mutually request
for extension; or
3. Upon compliance with the settlement agreement as defined in the succeeding
Section.

SECTION 6. COMPLIANCE WITH SETTLEMENT AGREEMENT. - Upon full

compliance of the settlement agreement, the SEnA proceeding is automatically
terminated. [will not terminate without compliance with settlement and signing a
quitclaim]

Any of the party may submit a written report of non-compliance by the other within two
(2) weeks from the date of agreement or agreed period of compliance. The absence of the
same shall render the settlement agreement deemed duly complied with absent of proof to
the contrary.

SECTION 7. ISSUANCE OF REFERRAL. [When SEnA is unsuccessful] - The

Referral shall be issued without delay on the date of the termination of the conciliation-
mediation services to the party who filed the RFA. The Referral shall be submitted to the
appropriate DOLE office or agency named therein, or to voluntary arbitration, if both
parties so agree to submit their unresolved issues, as compliance to the 30-day mandatory
conciliation-mediation process.

The issuance of the Referral shall be motu proprio on the part of the SEADO in the
following circumstances:

a) Expiration of the 30-day mandatory conciliation-mediation period, unless there is

a request for extension;
b) Failure of the parties to reach an agreement within the 30-day mandatory
conciliation-mediation period; or
c) Failure of the requesting party to appear in two (2) scheduled consecutive
conferences despite due notice.

However, in case of pre-termination of the proceedings, the issuance of the Referral shall
be upon the request of any or both parties.

Delay in the issuance of the Referral by the SEADO shall be dealt with accordingly as an
administrative offense.

SECTION 8. CONTENTS OF REFERRAL. - The Referral must contain the names

and addresses of the parties, summary of unresolved issues, causes of action and the relief
sought without prejudice to amendments on the complaint by the parties before the Office
or Agency having jurisdiction over the dispute. For voluntary arbitration, the Referral
should specify the issues to be arbitrated. [complaint can be amended]

SECTION 9. CONFIDENTIALITY OF PROCEEDINGS; MINUTES. - [all ADR

proceedings are confidential, subject to exceptions]

a) Information and statements given in confidence at the conciliation-mediation

proceedings shall be treated as privileged communication and shall not be used as
evidence in any arbitration proceedings, except:

1) Stipulation of facts which form part of the settlement in

accordance with Rule V hereof;
2) Facts which are of common knowledge; or
3) Waiver of confidentiality.

b) Any contents appearing in the minutes of the proceedings (SENA Minutes Form)
or personal notes taken by the SEADO or the parties during the proceedings are
subject to the limitations provided under paragraph (a).

c) Voice or video recorders or any electronic recording device shall be prohibited

during the proceedings.

RULE V SETTLEMENT OF DISPUTE

SECTION 1. SETTLEMENT AGREEMENT. –

a) In case of voluntary settlement, the SEADO shall reduce the

agreement into writing using the SENA Settlement Form, indicating
all stipulations agreed upon by the parties.

b) Where the settlement agreement involves monetary claims, the

SEADO shall endeavor to facilitate the settlement in full and shall
attach a duly accomplished waiver and quitclaim to the settlement
agreement as proof of full compliance.

c) Where the payment of monetary claims is agreed to be in several installments or

tranches, the waiver and quitclaim shall be executed only upon payment of the last
installment.
d) In case of partial settlement, only those stipulations relating to issues settled shall
be stated in the agreement while the unresolved issues shall be referred to
appropriate DOLE Office or Agency.

e) The SEADO shall, as far as practicable, make use of the language or dialect
understood by both parties.

f) The SEADO is duty bound to explain to the parties the contents of their
settlement agreement before they sign the same. He/she shall also sign the
settlement agreement in the parties' presence and attest the document to be the
true and voluntary act of the parties.

SECTION 2. EFFECT OF SETTLEMENT. - Any settlement agreement reached by

the parties before the SEADO shall be final and binding.

SECTION 3. SETTLEMENT AGREEMENTS ON MONETARY CLAIMS. -

Where the parties entered into a compromise of monetary claims arising from violation of
labor standards laws, the amount of the compromise shall be fair and reasonable, and not
contrary to law, public morals and public policy.

The fairness/reasonableness of settlement agreements shall depend on the totality of the

circumstances, the degree of voluntariness and credibility of the consideration.

The insistence of the requesting party to accept a given amount despite having knowledge
of his/her rightful claims shall give rise to the presumption of absence of fraud, violence
or coercion and his/her voluntariness to accept the settlement agreement.

The foregoing circumstances shall be fully disclosed in the settlement agreement.

SECTION 4. MONITORING AND ENFORCEMENT OF THE SETTLEMENT

AGREEMENT. - The SEADO shall monitor the voluntary and faithful compliance with
the settlement agreement by requiring the parties to submit, under oath, a written report
of compliance or non-compliance within two (2) weeks from the date of agreement or
agreed period of compliance. A copy of the settlement agreement shall be submitted to
the appropriate office/agency having jurisdiction over the issue/s therein.

Where the settlement agreement or part thereof involves payment of monetary claims, the
same shall be made in the SEAD and in the presence of the SEADO.

In case of report of "settlement for a show" or where the settlement amount is reported to
have been retrieved or confiscated by the responding party, both parties shall be
summoned by the Head of Office where the settlement was effected. The Head of Office
shall verify the report and should there be prima facie proof that the settlement was for a
show, the responding party shall be required to pay the requesting party the full
settlement amount with legal interest reckoned from the date of the settlement.

SECTION 5. RETALIATORY ACTION. - Any retaliatory action/s against the

requesting party by the responding party shall be strictly construed against the responding
party.

SECTION 6. NON-COMPLIANCE WITH SETTLEMENT AGREEMENT;

EXECUTION.- In case of non-compliance by the responding party, the requesting party
has the option to disregard the settlement agreement and file the appropriate case before
the appropriate forum, or enforce the terms of the agreement. In case of the latter, he/she
shall request a Referral from the SEADO to the proper Regional Arbitration Branch
(RAB) of the NLRC for enforcement of the agreement pursuant to Rule V, Sec. 1 (i) of
the 2005 Revised NLRC Rules, as amended. The same shall be docketed by the RAB as
an arbitration case for enforcement of settlement agreement.

Upon agreement of the parties, or when the cause of action is within the jurisdiction of
the Office/ Agency where the SEAD is lodged, the appropriate DOLE Office/Agency
may execute the settlement agreement.

RULE VI MISCELLANEOUS PROVISIONS

SECTION 1. REGIONAL COORDINATING COUNCIL (RCC). - The RCC, with

tripartite participation, shall establish as many SEAD as it deems appropriate based on
the number of SEADOs and volume of cases in the region.

At the regional level, it shall establish a SEAD at the Regional Arbitration Branch of the
National Labor Relations Commission (NLRC), the Regional Branch of the National
Conciliation and Mediation Board (NCMB) and the DOLE Regional Office, or at the
regional offices of the Philippine Overseas Employment Administration (POEA) and
Overseas Workers' Welfare Administration (OWWA).

At the provincial/district/field level, it shall establish one SEAD in every

provincial/district/field offices of the DOLE.

SECTION 2. DUTIES AND RESPONSIBILITIES OF THE REGIONAL

DIRECTOR. - The Regional Director, as head of the RCC, shall ensure the effective
implementation of the SEnA in his/her region and accordingly, he/she shall:

a) Evaluate the delivery of conciliation-mediation services by the RCC members;

b) Regularly convene the RCC on SEnA matters with the participation of the
tripartite partners;
c) Formulate an RCC implementation plan of the SEnA with specific targets in
terms of improvement of the regional performance; and
d) Regularly submit a performance monitoring report of the RCC members.

SECTION 3. REPORTING. - The SEADOs shall report their accomplishments using a

prescribed form and submit the same to the DOLE Regional Director as head of the RCC.
The report shall, in turn, be consolidated and submitted to the Secretary of Labor and
Employment through the Undersecretary for Labor Relations.

SECTION 4. SEnA National Training Team. - The Human Resource Development

Services (HRDS) and the National Conciliation and Mediation Board (NCMB) shall form
a National and Regional Training Teams to ensure that the training requirements for
conciliation-mediation are delivered mobilizing all personnel who have completed the
ILO conducted Trainers' Training on Conciliation-Mediation. The HRDS shall be the
lead Office on training and shall submit a Coordinative Training Plan for Conciliation-
Mediation to the Undersecretary for Labor Relations every Year-End and Planning
Activity of the DOLE.

SECTION 5. SUPPLETORY APPLICATION OF DOLE NCMB RULES AND

REGULATIONS ON CONCILIATION-MEDIATION. - In the absence of any
applicable provision in this Rules, and in order to carry out its objectives, the pertinent
provisions of the DOLE NCMB rules on conciliation-mediation may, in the interest of
expeditious settlement of disputes, and whenever practicable and convenient, be applied
by analogy or in a suppletory character and effect.

RULE VII EFFECTIVITY

SECTION 1. EFFECTIVITY. - This Rules shall take effect immediately after

publication in newspaper of general circulation.

City of Manila, Philippines, 25 February 2011.

Where to file or request for SEnA?

The Single Entry Approach Desk Officer (SEADO) will serve as the conciliator-
mediator.

Request for SEnA can be filed at the Single Entry Assistance Desk (SEAD) in the region
where the employer principally operates. In case of a union or federation representing a
local chapter, the request shall be made at the regional/provincial/ district office where
the union or local chapter is registered.
 ISSUES COVERED

All issues arising from labor and employment which may include the following:

(a) Termination or suspension of employment issues;

(b) Claims for any sum of money, regardless of amount;
(c) Intra-union and inter-union issues except petition for certification
election, after exhaustion of administrative remedies;
(d) Unfair labor practices;
(e) Closures, retrenchments, redundancies, temporary lay-offs;
(f) OFW cases;
(g) Occupational safety and health standards issues except those
involving imminent danger situation;
(h) Issues arising from other labor and related issuances (OLRI)
(i) Any other claims arising from employer-employee relationship;
and
(j) Cases falling under the administrative and quasi-judicial
jurisdiction of all DOLE offices and attached agencies, including
NLRC.
15-06-10-SC (Rules in Criminal Cases Wherein There is Continuous
Trial of Criminal Cases)
 In criminal cases, identify what crimes may be submitted to the CAM.
In continuous trial of criminal cases, the criminal cases that may be
submitted for court annex mediation is limited. If the court annex
mediation fails, there is no JDR in criminal cases it ends on the
CAM if the rules will allow it.
The following cases shall be referred to mediation:
On the civil liability, unless a settlement is reached earlier in the
pre-trial, preliminary conference. What is the situation? The criminal
aspect of the case cannot be subject to compromise. What is submitted to
CAM is the civil aspect of the criminal cases. Who are the parties? Private
complainant and accused with their counsel can enter into mediation. Any
mediator from the Philippine Mediation Center (PMC) because each justice
hall has a unit and these are accredited mediators from the (PMC) they may
suggest solutions because it is mediation.
When may the civil aspect of a criminal case be filed with the
CAM? After arraignment, pre-trial, and preliminary conference. As a
general rule, CAM is part of the pre-trial proceedings. There is no CAM in
PMC if the accused or criminal case is not yet arraigned or has underwent
pre-trial and preliminary conference in order for the issues to be joined.
They are given a non-extendable period of (30) days. The private
prosecutor not public prosecutor.
(i.) Crimes where payment may prevent criminal prosecution or
may extinguish criminal liability such as violation of B.P. 22, SSS Law,
and PAG-IBIG Law. Ex. When the civil aspect is settled and the private
complainant files an affidavit of desistance, the public prosecutor has no
more witnesses so he files a motion for dismissal. “May” because if there
are other evidence, documentary, other witnesses or object evidence,
aside from the private complainant and can satisfy the quantum of
evidence in a criminal prosecution (proof beyond reasonable doubt) the
trial may be continued
(ii.) Crimes against property under Title 10 of the RPC, where the
obligation may be civil in nature;
Theft under Art. 308 of the RPC (must be recognized by MTC); Estafa
under Art. 315 (1) of the RPC, except estafa under Art. 315 (2) and (3)
(large scale, non-bailable); Other forms of swindling under Art. 316, RPC;
Swindling of a minor under Art. 317 (RPC); Other deceits under Art. 318
(RPC); Malicious Mischief under Art. 327 (RPC); Crimes against honor
(libel), Prohibited publication, grave slander, oral defamation, simple
slander, incriminating innocent person, intriguing against honor, cybercrime
prevention act of 2012 wherein the liability may be civil in nature, referral of
the case to the (PMCU).
Mediation shall be terminated within a non-extendable period of (30)
calendar days from the date of referral by the court to the PMC-unit after
the lapse of the mediation period which is 30 days or if mediation fails
the trial shall proceed, except those cases mentioned above. Criminal
cases subject to rule on summary procedure shall not be referred to
mediation.
If the compromise agreement is not fully satisfied = it will warrant
the provisional dismissal of the case. If the penalty is more than 6 months
= you can revive the case provisionally dismissed within (2) years, if the
penalty is less than 6 months then the case must be revived within (1) year.
HOW? By mere motion only (motion to revive) you do not have to file a
new case.
CAM is done outside the court. JDR is only a mediation proceeding
(extra-judicial).
2020 Guidelines for the Conduct of CAM and JDR in Civil Cases (19-
10-20-SC).
Mandatory Coverage:
The following cases shall be referred to CAM:
(a) All ordinary civil cases including mediatable permissive or
compulsory counter-claims or cross-claims as pleaded in the
answer, complaint in intervention, third, fourth etc. party
complaint. Except, those which cannot be subject to
compromise under Article 2035 of the NCC.
(b) All special civil actions, except those 63, 64, 65, 66,
71(contempt).
(c) Special proceedings cases for settlement of estate or the dispute
involves claims against the estate. If the estate is being settled, we
need to get the value of the net estate. Distribution or partition of
estate in intestate proceedings.
(d) All those cases involving issues under the Family Code and other
laws in relation to support, custody of children or minors, visitation
rights, property relation, guardianship of a minor, other issues
which may be subject to compromise agreement.
(e) Intellectual property cases, commercial or intra-corporate
controversy (within the corporation).
(f) Environmental cases subject to the provisions of the Rules of
Environmental Procedure.
(g) Civil Cases covered by the Rules on Summary Procedure.
Referral to JDR in civil cases:
Cases enumerated in Section 1 except environmental cases. If it failed in
the CAM, it may be referred to JDR proceedings (done in court/JDR
judge as mediator) only if the judge of the court to which the case is
originally filed is convinced that settlement is still possible.
Is JDR appeal allowed? Yes, but the appeal must arise from the MTC
judgment and filed with the RTC. The RTC Judge must be convinced that
a settlement is possible with the parties. Judge in RTC may still undergo
JDR proceedings.
ALLOWED JDR APPEAL:
All civil cases; settlement of estate and intestate; all cases of forcible
entry or unlawful detainer; all civil cases involving title to, or possession
of real property or interest therein; habeas corpus cases decided by the
1st level court in the absence of any Regional Trial Court.
Permissive Referral (Section 3). In all other actions or proceedings where
compromise is not prohibited by law and there is significant likelihood of
settlement either or both of the parties may by oral manifestation or written
motion after pre-trial, preliminary conference, or at any stage of the
proceeding may request the court to refer their dispute to CAM/JDR
provided there are still factual issues to be resolved. No CAM mediation, if
the prosecution already presented evidence because there is already a basis
for the decision. 9262 cannot be subjected to mediation. However, it may
be allowed if the parties agree or suggest support and custody of the child.
Section 4. Cases Not Subject to Compromise. Not referred for
CAM/JDR.
Under Article 2035 of the Civil Code:
 Civil Status
 Validity of Marriage/Legal Separation
 Any ground for legal separation
 Future support
 Jurisdiction of the court
 Future legitime
 Habeas Corpus
 Special proceedings cases for probate of the will
Settlement of estate vs. probate of the will (proving of the will)
Settlement of estate involves the settlement of the probated will (you will
prove that there is a will and the will is accordance with law in its form
and substance). If the will is contrary to law, it is rejected and becomes
an intestate. The owner of a will while alive may go to court to probate
the will.
 Cases with pending application
However, in cases covered under (a) and (b) in cases pending application
for restraining order or preliminary injunction where the parties inform the
court that they have agreed to undergo mediation on some aspect only. Ex.
Custody of minor children, separation of property, support pendente lite.
 Cases covered by the Rules on Summary Procedure
The notice shall be issued (5) calendar days after the last answer is filed
setting the preliminary conference not later than (30) days from the filing of
the last responsive pleading. If summary procedure (30) calendar days, if
ordinary civil action (60) calendar days. The notice of pre-trial, preliminary
conference shall include the date set for pre-trial, preliminary conference,
court annex mediation, and judicial dispute resolution.
What if it failed in CAM?
No extension only up to (30) days. If there is a chance of settlement it can be
subject to JDR.
Who shall administer judicial dispute resolution?
It is by a raffle if it is a multi-sala court. The court who held the case
for CAM cannot administer JDR it must be done in a different court. In a
multi-sala court (ex. RTC acting as a family court or special commercial
court).
Why is the original court (CAM) not allowed to do a JDR proceeding?
If JDR is done in the original court, such court has stated related
facts or issues for the furtherance of the complaint and defense of the
case which would give advance knowledge to the JDR judge and could
lead to bias.
In a multi-sala court upon receipt of notice of pre-trial, preliminary
conference, the clerk of court shall immediately include the case for raffle
for another judge. After the raffle, the clerk shall inform both judges and the
prospective JDR judge of the outcome of the raffle. In a single sala court,
the clerk of court shall furnish the nearest court with notice of pre-trial and
preliminary conference stating the scheduled date of the JDR. If special
court is the original court, the case will be raffled to a different RTC branch
(if there are 2 or more) if it fails, it will be returned to the special RTC court.
XPN: When the parties and their counsel will agree in writing that the
original judge will do the JDR. If it fails, he will also administer the hearing.
What is the stand of the parties and counsel in JDR/CAM proceedings?
To establish an environment that is conducive to conciliation and
mediation it is not a combatant stand. Win-win situation, no winner or
loser. What if the conflict b/w the parties is settled in the CAM? Parties
will sign a compromise agreement (formal) in any language that can be
understood by both parties, signed by the parties and their counsel, and
the mediator and submit it to the court ordering court annex mediation. It
will still be evaluated if it is not against the law, morals, good customs, not
against public policy or public interest.
The court will issue a judgment based on compromise either in the CAM or
JDR.
Initial appearance of parties and counsel in the CAM.
On the date set for CAM the parties and their counsel shall appear at
the PMCU for mediation proceedings, the PMCU’s require the parties to
present proof that the mediation fees have been paid. The selection of the
mediator is agreed by the parties, if no agreement then one of them shall
choose from the roster of certified mediators in the PMC.
Duration of the CAM; shall have a period not exceeding (30) days to
complete the mediation process without further extension such period shall
be computed from the date of the court ordering the parties to mediate in the
CAM. Upon the order of the court the running of the period of trial and
rendition of judgment is stopped.
If one party is an artificial being the officer of the corporation or partnership
shall have an SPA that he is authorized to appear in behalf of the
corporation.
Imposition of Sanctions:
It can be upon motion of the interest of the party to sanction the other party
for non-compliance with CAM/JDR order is motu proprio can be imposed
by the court.
Any party who fails to appeal before the mediator or JDR judge despite due
notice.
Any person who engaged in contemptuous conduct during mediation or JDR
proceedings.
The court shall impose a dismissal of the case when there is failure of
the plaintiff and counsel to appear without valid cause when so required.
Ex parte presentation of plaintiff’s evidence and dismissal of
defendant’s counterclaim when there is failure of the defendant and counsel
to appear without valid cause and when so required.
Reimbursement by the absent party of the cost of the appearing party
including attorney’s fees for that day up to treble such cause payable on or
before the date of the scheduled setting.
All must be confidential in CAM. If CAM failed or JDR, all the records in
that proceeding and extra-judicial settlement of dispute will not form
part of the records of the case.
Role of Attorney: Create a conducive atmosphere for mediation and
conciliation. JDR is allowed in an appeal but only in the RTC.