SPECIAL RULES OF COURT ON ALTERNATIVE

DISPUTE RESOLUTION c. Interim Measures of Protection;

PART I d. Appointment of Arbitrator;

GENERAL PROVISIONS AND POLICIES
e. Challenge to Appointment of Arbitrator;
RULE 1: GENERAL PROVISIONS
f. Termination of Mandate of Arbitrator;
Rule 1.1. Subject matter and governing rules.-
The Special Rules of Court on Alternative g. Assistance in Taking Evidence;
Dispute Resolution (the "Special ADR Rules")
shall apply to and govern the following cases: h. Confidentiality/Protective Orders; and

a. Relief on the issue of Existence, Validity, or i. Deposit and Enforcement of Mediated

Enforceability of the Arbitration Agreement; Settlement Agreements.

b. Referral to Alternative Dispute Resolution (A) Service and filing of petition in summary
("ADR"); proceedings.-The petitioner shall serve, either
by personal service or courier, a copy of the
c. Interim Measures of Protection; petition upon the respondent before the filing
thereof. Proof of service shall be attached to the
d. Appointment of Arbitrator; petition filed in court.

e. Challenge to Appointment of Arbitrator; For personal service, proof of service of the

petition consists of the affidavit of the person
f. Termination of Mandate of Arbitrator; who effected service, stating the time, place and
manner of the service on the respondent. For
g. Assistance in Taking Evidence; service by courier, proof of service consists of
the signed courier proof of delivery. If service is
h. Confirmation, Correction or Vacation of refused or has failed, the affidavit or delivery
Award in Domestic Arbitration; receipt must state the circumstances of the
attempted service and refusal or failure thereof.
i. Recognition and Enforcement or Setting Aside
of an Award in International Commercial (B) Notice.-Except for cases involving Referral to
Arbitration; ADR and Confidentiality/Protective Orders made
through motions, the court shall, if it finds the
j. Recognition and Enforcement of a Foreign petition sufficient in form and substance, send
Arbitral Award; notice to the parties directing them to appear at
a particular time and date for the hearing
k. Confidentiality/Protective Orders; and thereof which shall be set no later than five (5)
days from the lapse of the period for filing the
l. Deposit and Enforcement of Mediated opposition or comment. The notice to the
Settlement Agreements. respondent shall contain a statement allowing
him to file a comment or opposition to the
Rule 1.2. Nature of the proceedings.-All petition within fifteen (15) days from receipt of
proceedings under the Special ADR Rules are the notice.
special proceedings.
The motion filed pursuant to the rules on
Rule 1.3. Summary proceedings in certain Referral to ADR or Confidentiality/Protective
cases.-The proceedings in the following Orders shall be set for hearing by the movant
instances are summary in nature and shall be and contain a notice of hearing that complies
governed by this provision: with the requirements under Rule 15 of the
Rules of Court on motions.
a. Judicial Relief Involving the Issue of Existence,
Validity or Enforceability of the Arbitration (C) Summary hearing. - In all cases, as far as
Agreement; practicable, the summary hearing shall be
conducted in one (1) day and only for purposes
b. Referral to ADR; of clarifying facts.
 ADR Rules and shall not be accepted for filing by
Except in cases involving Referral to ADR or the Clerk of Court:
Confidentiality/Protective Orders made through
motions, it shall be the court that sets the a. Motion to dismiss;
petition for hearing within five (5) days from the
lapse of the period for filing the opposition or b. Motion for bill of particulars;
comment.
c. Motion for new trial or for reopening of trial;
(D) Resolution. - The court shall resolve the
matter within a period of thirty (30) days from d. Petition for relief from judgment;
the day of the hearing.
e. Motion for extension, except in cases where
Rule 1.4. Verification and submissions. -Any an ex-parte temporary order of protection has
pleading, motion, opposition, comment, been issued;
defense or claim filed under the Special ADR
Rules by the proper party shall be supported by f. Rejoinder to reply;
verified statements that the affiant has read the
same and that the factual allegations therein g. Motion to declare a party in default; and
are true and correct of his own personal
knowledge or based on authentic records and h. Any other pleading specifically disallowed
shall contain as annexes the supporting under any provision of the Special ADR Rules.
documents.
The court shall motu proprio order a
The annexes to the pleading, motion, pleading/motion that it has determined to be
opposition, comment, defense or claim filed by dilatory in nature be expunged from the
the proper party may include a legal brief, duly records.
verified by the lawyer submitting it, stating the
pertinent facts, the applicable law and Rule 1.7. Computation of time. - In computing
jurisprudence to justify the necessity for the any period of time prescribed or allowed by the
court to rule upon the issue raised. Special ADR Rules, or by order of the court, or
by any applicable statute, the day of the act or
Rule 1.5. Certification Against Forum Shopping. - event from which the designated period of time
A Certification Against Forum Shopping is one begins to run is to be excluded and the date of
made under oath made by the petitioner or performance included. If the last day of the
movant: (a) that he has not theretofore period, as thus computed, falls on a Saturday, a
commenced any action or filed any claim Sunday, or a legal holiday in the place where the
involving the same issues in any court, tribunal court sits, the time shall not run until the next
or quasi-judicial agency and, to the best of his working day.
knowledge, no such other action or claim is
pending therein; (b) if there is such other Should an act be done which effectively
pending action or claim, a complete statement interrupts the running of the period, the
of the present status thereof; and (c) if he allowable period after such interruption shall
should thereafter learn that the same or similar start to run on the day after notice of the
action or claim has been filed or is pending, he cessation of the cause thereof.
shall report that fact within five (5) days
therefrom to the court wherein his The day of the act that caused the interruption
aforementioned petition or motion has been shall be excluded from the computation of the
filed. period.

A Certification Against Forum Shopping shall be Rule 1.8. Service and filing of pleadings, motions
appended to all initiatory pleadings except a and other papers in non-summary proceedings.
Motion to Refer the Dispute to Alternative - The initiatory pleadings shall be filed directly
Dispute Resolution. with the court. The court will then cause the
initiatory pleading to be served upon the
Rule 1.6. Prohibited submissions. - The following respondent by personal service or courier.
pleadings, motions, or petitions shall not be Where an action is already pending, pleadings,
allowed in the cases governed by the Special motions and other papers shall be filed and/or
served by the concerned party by personal
service or courier. Where courier services are whether a natural or a juridical person, was not
not available, resort to registered mail is personally served with a copy of the petition
allowed. and notice of hearing in the proceedings
contemplated in the first paragraph of Rule 1.3
(A) Proof of filing. - The filing of a pleading shall (B), or the motion in proceedings contemplated
be proved by its existence in the record of the in the second paragraph of Rule 1.3 (B), the
case. If it is not in the record, but is claimed to method of service resorted to must be such as
have been filed personally, the filing shall be to reasonably ensure receipt thereof by the
proved by the written or stamped respondent to satisfy the requirement of due
acknowledgment of its filing by the clerk of process.
court on a copy of the same; if filed by courier,
by the proof of delivery from the courier Rule 1.10. Contents of petition/motion. - The
company. initiatory pleading in the form of a verified
petition or motion, in the appropriate case
(B) Proof of service. - Proof of personal service where court proceedings have already
shall consist of a written admission by the party commenced, shall include the names of the
served, or the official return of the server, or the parties, their addresses, the necessary
affidavit of the party serving, containing a full allegations supporting the petition and the
statement of the date, place and manner of relief(s) sought.
service. If the service is by courier, proof thereof
shall consist of an affidavit of the proper person, Rule 1.11. Definition. - The following terms shall
stating facts showing that the document was have the following meanings:
deposited with the courier company in a sealed
envelope, plainly addressed to the party at his a. "ADR Laws" refers to the whole body of ADR
office, if known, otherwise at his residence, with laws in the Philippines.
postage fully pre-paid, and with instructions to
the courier to immediately provide proof of b. "Appointing Authority" shall mean the person
delivery. or institution named in the arbitration
agreement as the appointing authority; or the
(C) Filing and service by electronic means and regular arbitration institution under whose rule
proof thereof. - Filing and service of pleadings the arbitration is agreed to be conducted.
by electronic transmission may be allowed by Where the parties have agreed to submit their
agreement of the parties approved by the court. dispute to institutional arbitration rules, and
If the filing or service of a pleading or motion unless they have agreed to a different
was done by electronic transmission, proof of procedure, they shall be deemed to have agreed
filing and service shall be made in accordance to procedure under such arbitration rules for
with the Rules on Electronic Evidence. the selection and appointment of arbitrators. In
ad hoc arbitration, the default appointment of
Rule 1.9. No summons. - In cases covered by the arbitrators shall be made by the National
Special ADR Rules, a court acquires authority to President of the Integrated Bar of the
act on the petition or motion upon proof of Philippines or his duly authorized
jurisdictional facts, i.e., that the respondent was representative.
furnished a copy of the petition and the notice
of hearing. c. "Authenticate" means to sign, execute or use
a symbol, or encrypt a record in whole or in
(A) Proof of service. - A proof of service of the part, intended to identify the authenticating
petition and notice of hearing upon respondent party and to adopt, accept or establish the
shall be made in writing by the server and shall authenticity of a record or term.
set forth the manner, place and date of service.
d. "Foreign Arbitral Award" is one made in a
(B) Burden of proof. - The burden of showing country other than the Philippines.
that a copy of the petition and the notice of
hearing were served on the respondent rests on e. "Legal Brief" is a written legal argument
the petitioner. submitted to a court, outlining the facts derived
from the factual statements in the witness’s
The technical rules on service of summons do statements of fact and citing the legal
not apply to the proceedings under the Special authorities relied upon by a party in a case
ADR Rules. In instances where the respondent, submitted in connection with petitions, counter-
petitions (i.e., petitions to vacate or to set aside curb a litigious culture and to de-clog court
and/or to correct/modify in opposition to dockets.
petitions to confirm or to recognize and enforce,
or petitions to confirm or to recognize and The court shall exercise the power of judicial
enforce in opposition to petitions to vacate or review as provided by these Special ADR Rules.
set aside and/or correct/modify), motions, Courts shall intervene only in the cases allowed
evidentiary issues and other matters that arise by law or these Special ADR Rules.
during the course of a case. The legal brief shall
state the applicable law and the relevant Rule 2.2. Policy on arbitration.- (A) Where the
jurisprudence and the legal arguments in parties have agreed to submit their dispute to
support of a party’s position in the case. arbitration, courts shall refer the parties to
arbitration pursuant to Republic Act No. 9285
f. "Verification" shall mean a certification under bearing in mind that such arbitration agreement
oath by a party or a person who has authority to is the law between the parties and that they are
act for a party that he has read the expected to abide by it in good faith. Further,
pleading/motion, and that he certifies to the the courts shall not refuse to refer parties to
truth of the facts stated therein on the basis of arbitration for reasons including, but not limited
his own personal knowledge or authentic to, the following:
documents in his possession. When made by a
lawyer, verification shall mean a statement a. The referral tends to oust a court of its
under oath by a lawyer signing a jurisdiction;
pleading/motion for delivery to the Court or to
the parties that he personally prepared the b. The court is in a better position to resolve the
pleading/motion, that there is sufficient factual dispute subject of arbitration;
basis for the statements of fact stated therein,
that there is sufficient basis in the facts and the c. The referral would result in multiplicity of
law to support the prayer for relief therein, and suits;
that the pleading/motion is filed in good faith
and is not 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 e. The place of arbitration is in a foreign
Specific Court Relief, insofar as it refers to country;
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
provided under the Special ADR Rules, the court Philippine nationals; or
shall resolve such matter summarily and be
guided by the spirit and intent of the Special h. One or more of the arbitrators are alleged not
ADR Rules and the ADR Laws. to possess the required qualification under the
arbitration agreement or law.
RULE 2: STATEMENT OF POLICIES
(B) Where court intervention is allowed under
Rule 2.1. General policies. - It is the policy of the ADR Laws or the Special ADR Rules, courts shall
State to actively promote the use of various not refuse to grant relief, as provided herein, for
modes of ADR and to respect party autonomy or any of the following reasons:
the freedom of the parties to make their own
arrangements in the resolution of disputes with a. Prior to the constitution of the arbitral
the greatest cooperation of and the least tribunal, the court finds that the principal action
intervention from the courts. To this end, the is the subject of an arbitration agreement; or
objectives of the Special ADR Rules are to
encourage and promote the use of ADR, b. The principal action is already pending before
particularly arbitration and mediation, as an an arbitral tribunal.
important means to achieve speedy and
efficient resolution of disputes, impartial justice, The Special ADR Rules recognize the principle of
competence-competence, which means that the
arbitral tribunal may initially rule on its own which shall be governed by issuances of the
jurisdiction, including any objections with Supreme Court.
respect to the existence or validity of the
arbitration agreement or any condition Where the parties have agreed to submit their
precedent to the filing of a request for dispute to mediation, a court before which that
arbitration. dispute was brought shall suspend the
proceedings and direct the parties to submit
The Special ADR Rules recognize the principle of their dispute to private mediation. If the parties
separability of the arbitration clause, which subsequently agree, however, they may opt to
means that said clause shall be treated as an have their dispute settled through Court-
agreement independent of the other terms of Annexed Mediation.
the contract of which it forms part. A decision
that the contract is null and void shall not entail Rule 2.6. Policy on Arbitration-Mediation or
ipso jure the invalidity of the arbitration clause. Mediation-Arbitration. - No arbitrator shall act
as a mediator in any proceeding in which he is
Rule 2.3. Rules governing arbitral proceedings. - acting as arbitrator; and all negotiations towards
The parties are free to agree on the procedure settlement of the dispute must take place
to be followed in the conduct of arbitral without the presence of that arbitrator.
proceedings. Failing such agreement, the Conversely, no mediator shall act as arbitrator in
arbitral tribunal may conduct arbitration in the any proceeding in which he acted as mediator.
manner it considers appropriate.
Rule 2.7. Conversion of a settlement agreement
Rule 2.4. Policy implementing competence- to an arbitral award. - Where the parties to
competence principle. - The arbitral tribunal mediation have agreed in the written
shall be accorded the first opportunity or settlement agreement that the mediator shall
competence to rule on the issue of whether or become the sole arbitrator for the dispute or
not it has the competence or jurisdiction to that the settlement agreement shall become an
decide a dispute submitted to it for decision, arbitral award, the sole arbitrator shall issue the
including any objection with respect to the settlement agreement as an arbitral award,
existence or validity of the arbitration which shall be subject to enforcement under
agreement. When a court is asked to rule upon the law.
issue/s affecting the competence or jurisdiction
of an arbitral tribunal in a dispute brought PART II
before it, either before or after the arbitral SPECIFIC COURT RELIEF
tribunal is constituted, the court must exercise
judicial restraint and defer to the competence RULE 3: JUDICIAL RELIEF INVOLVING THE ISSUE
or jurisdiction of the arbitral tribunal by OF EXISTENCE, VALIDITY AND ENFORCEABILITY
allowing the arbitral tribunal the first OF THE ARBITRATION AGREEMENT
opportunity to rule upon such issues.
Rule 3.1. When judicial relief is available. - The
Where the court is asked to make a judicial relief provided in Rule 3, whether
determination of whether the arbitration resorted to before or after commencement of
agreement is null and void, inoperative or arbitration, shall apply only when the place of
incapable of being performed, under this policy arbitration is in the Philippines.
of judicial restraint, the court must make no
more than a prima facie determination of that A. Judicial Relief before Commencement of
issue. Arbitration

Unless the court, pursuant to such prima facie Rule 3.2. Who may file petition. - Any party to
determination, concludes that the arbitration an arbitration agreement may petition the
agreement is null and void, inoperative or appropriate court to determine any question
incapable of being performed, the court must concerning the existence, validity and
suspend the action before it and refer the enforceability of such arbitration agreement
parties to arbitration pursuant to the arbitration serving a copy thereof on the respondent in
agreement. accordance with Rule 1.4 (A).

Rule 2.5. Policy on mediation. - The Special ADR Rule 3.3. When the petition may be filed. - The
Rules do not apply to Court-Annexed Mediation, petition for judicial determination of the
existence, validity and/or enforceability of an been raised as one of the issues in a prior action
arbitration agreement may be filed at any time before the same or another court.
prior to the commencement of arbitration.
Rule 3.10. Application for interim relief. - If the
Despite the pendency of the petition provided petitioner also applies for an interim measure of
herein, arbitral proceedings may nevertheless protection, he must also comply with the
be commenced and continue to the rendition of requirements of the Special ADR Rules for the
an award, while the issue is pending before the application for an interim measure of
court. protection.

Rule 3.4. Venue. - A petition questioning the Rule 3.11. Relief against court action. - Where
existence, validity and enforceability of an there is a prima facie determination upholding
arbitration agreement may be filed before the the arbitration agreement.-A prima facie
Regional Trial Court of the place where any of determination by the court upholding the
the petitioners or respondents has his principal existence, validity or enforceability of an
place of business or residence. arbitration agreement shall not be subject to a
motion for reconsideration, appeal or certiorari.
Rule 3.5. Grounds. - A petition may be granted
only if it is shown that the arbitration Such prima facie determination will not,
agreement is, under the applicable law, invalid, however, prejudice the right of any party to
void, unenforceable or inexistent. raise the issue of the existence, validity and
enforceability of the arbitration agreement
Rule 3.6. Contents of petition. - The verified before the arbitral tribunal or the court in an
petition shall state the following: action to vacate or set aside the arbitral award.
In the latter case, the court’s review of the
a. The facts showing that the persons named as arbitral tribunal’s ruling upholding the
petitioner or respondent have legal capacity to existence, validity or enforceability of the
sue or be sued; arbitration agreement shall no longer be limited
to a mere prima facie determination of such
b. The nature and substance of the dispute issue or issues as prescribed in this Rule, but
between the parties; shall be a full review of such issue or issues with
due regard, however, to the standard for review
c. The grounds and the circumstances relied for arbitral awards prescribed in these Special
upon by the petitioner to establish his position; ADR Rules.
and
B. Judicial Relief after Arbitration Commences
d. The relief/s sought.
Rule 3.12. Who may file petition. - Any party to
Apart from other submissions, the petitioner arbitration may petition the appropriate court
must attach to the petition an authentic copy of for judicial relief from the ruling of the arbitral
the arbitration agreement. tribunal on a preliminary question upholding or
declining its jurisdiction. Should the ruling of the
Rule 3.7. Comment/Opposition.-The arbitral tribunal declining its jurisdiction be
comment/opposition of the respondent must be reversed by the court, the parties shall be free
filed within fifteen (15) days from service of the to replace the arbitrators or any one of them in
petition. accordance with the rules that were applicable
for the appointment of arbitrator sought to be
Rule 3.8. Court action. - In resolving the replaced.
petition, the court must exercise judicial
restraint in accordance with the policy set forth Rule 3.13. When petition may be filed. - The
in Rule 2.4, deferring to the competence or petition may be filed within thirty (30) days after
jurisdiction of the arbitral tribunal to rule on its having received notice of that ruling by the
competence or jurisdiction. arbitral tribunal.

Rule 3.9. No forum shopping. - A petition for Rule 3.14. Venue. - The petition may be filed
judicial relief under this Rule may not be before the Regional Trial Court of the place
commenced when the existence, validity or where arbitration is taking place, or where any
enforceability of an arbitration agreement has
of the petitioners or respondents has his legal briefs submitted by the parties, the
principal place of business or residence. petition does not appear to be prima facie
meritorious.
Rule 3.15. Grounds. - The petition may be
granted when the court finds that the Rule 3.19. Relief against court action. - The
arbitration agreement is invalid, inexistent or aggrieved party may file a motion for
unenforceable as a result of which the arbitral reconsideration of the order of the court. The
tribunal has no jurisdiction to resolve the decision of the court shall, however, not be
dispute. subject to appeal. The ruling of the court
affirming the arbitral tribunal’s jurisdiction shall
Rule 3.16. Contents of petition. - The petition not be subject to a petition for certiorari. The
shall state the following: ruling of the court that the arbitral tribunal has
no jurisdiction may be the subject of a petition
a. The facts showing that the person named as for certiorari.
petitioner or respondent has legal capacity to
sue or be sued; Rule 3.20. Where no petition is allowed. -
Where the arbitral tribunal defers its ruling on
b. The nature and substance of the dispute preliminary question regarding its jurisdiction
between the parties; until its final award, the aggrieved party cannot
seek judicial relief to question the deferral and
c. The grounds and the circumstances relied must await the final arbitral award before
upon by the petitioner; and seeking appropriate judicial recourse.

d. The relief/s sought. A ruling by the arbitral tribunal deferring

resolution on the issue of its jurisdiction until
In addition to the submissions, the petitioner final award, shall not be subject to a motion for
shall attach to the petition a copy of the request reconsideration, appeal or a petition for
for arbitration and the ruling of the arbitral certiorari.
tribunal.
Rule 3.21. Rendition of arbitral award before
The arbitrators shall be impleaded as nominal court decision on petition from arbitral
parties to the case and shall be notified of the tribunal’s preliminary ruling on jurisdiction. - If
progress of the case. the arbitral tribunal renders a final arbitral
award and the Court has not rendered a
Rule 3.17. Comment/Opposition. - The decision on the petition from the arbitral
comment/opposition must be filed within tribunal’s preliminary ruling affirming its
fifteen (15) days from service of the petition. jurisdiction, that petition shall become ipso
facto moot and academic and shall be dismissed
Rule 3.18. Court action. - (A) Period for resolving by the Regional Trial Court. The dismissal shall
the petition.- The court shall render judgment be without prejudice to the right of the
on the basis of the pleadings filed and the aggrieved party to raise the same issue in a
evidence, if any, submitted by the parties, timely petition to vacate or set aside the award.
within thirty (30) days from the time the
petition is submitted for resolution. Rule 3.22. Arbitral tribunal a nominal party. -
The arbitral tribunal is only a nominal party. The
(B) No injunction of arbitration proceedings. - court shall not require the arbitral tribunal to
The court shall not enjoin the arbitration submit any pleadings or written submissions but
proceedings during the pendency of the may consider the same should the latter
petition. participate in the proceedings, but only as
nominal parties thereto.
Judicial recourse to the court shall not prevent
the arbitral tribunal from continuing the RULE 4: REFERRAL TO ADR
proceedings and rendering its award.
Rule 4.1. Who makes the request. - A party to a
(C) When dismissal of petition is appropriate. - pending action filed in violation of the
The court shall dismiss the petition if it fails to arbitration agreement, whether contained in an
comply with Rule 3.16 above; or if upon arbitration clause or in a submission agreement,
consideration of the grounds alleged and the
may request the court to refer the parties to Otherwise, the court shall continue with the
arbitration in accordance with such agreement. judicial proceedings.

Rule 4.2. When to make request. - (A) Where Rule 4.6. No reconsideration, appeal or
the arbitration agreement exists before the certiorari. - An order referring the dispute to
action is filed. - The request for referral shall be arbitration shall be immediately executory and
made not later than the pre-trial conference. shall not be subject to a motion for
After the pre-trial conference, the court will reconsideration, appeal or petition for
only act upon the request for referral if it is certiorari.
made with the agreement of all parties to the
case. An order denying the request to refer the
dispute to arbitration shall not be subject to an
(B) Submission agreement. - If there is no appeal, but may be the subject of a motion for
existing arbitration agreement at the time the reconsideration and/or a petition for certiorari.
case is filed but the parties subsequently enter
into an arbitration agreement, they may request Rule 4.7. Multiple actions and parties. - The
the court to refer their dispute to arbitration at court shall not decline to refer some or all of the
any time during the proceedings. 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 a. Not all of the disputes subject of the civil
shall state that the dispute is covered by an action may be referred to arbitration;
arbitration agreement.
b. Not all of the parties to the civil action are
Apart from other submissions, the movant shall bound by the arbitration agreement and referral
attach to his motion an authentic copy of the to arbitration would result in multiplicity of
arbitration agreement. suits;

The request shall contain a notice of hearing c. The issues raised in the civil action could be
addressed to all parties specifying the date and speedily and efficiently resolved in its entirety
time when it would be heard. The party making by the court rather than in arbitration;
the request shall serve it upon the respondent
to give him the opportunity to file a comment or d. Referral to arbitration does not appear to be
opposition as provided in the immediately the most prudent action; or
succeeding Rule before the hearing.
e. The stay of the action would prejudice the
Rule 4.4. Comment/Opposition. - The rights of the parties to the civil action who are
comment/opposition must be filed within not bound by the arbitration agreement.
fifteen (15) days from service of the petition.
The comment/opposition should show that: (a) The court may, however, issue an order
there is no agreement to refer the dispute to directing the inclusion in arbitration of those
arbitration; and/or (b) the agreement is null and parties who are not bound by the arbitration
void; and/or (c) the subject-matter of the agreement but who agree to such inclusion
dispute is not capable of settlement or provided those originally bound by it do not
resolution by arbitration in accordance with object to their inclusion.
Section 6 of the ADR Act.
Rule 4.8. Arbitration to proceed.- Despite the
Rule 4.5. Court action. - After hearing, the court pendency of the action referred to in Rule 4.1,
shall stay the action and, considering the above, arbitral proceedings may nevertheless be
statement of policy embodied in Rule 2.4, commenced or continued, and an award may be
above, refer the parties to arbitration if it finds made, while the action is pending before the
prima facie, based on the pleadings and court.
supporting documents submitted by the parties,
that there is an arbitration agreement and that RULE 5: INTERIM MEASURES OF PROTECTION
the subject-matter of the dispute is capable of
settlement or resolution by arbitration in Rule 5.1. Who may ask for interim measures of
accordance with Section 6 of the ADR Act. protection. - A party to an arbitration
agreement may petition the court for interim c. A detailed description of the appropriate
measures of protection. relief sought;

Rule 5.2. When to petition. - A petition for an d. The grounds relied on for the allowance of
interim measure of protection may be made (a) the petition
before arbitration is commenced, (b) after
arbitration is commenced, but before the Apart from other submissions, the petitioner
constitution of the arbitral tribunal, or (c) after must attach to his petition an authentic copy of
the constitution of the arbitral tribunal and at the arbitration agreement.
any time during arbitral proceedings but, at this
stage, only to the extent that the arbitral Rule 5.6. Type of interim measure of protection
tribunal has no power to act or is unable to act that a court may grant.- The following, among
effectively. others, are the interim measures of protection
that a court may grant:
Rule 5.3. Venue. - A petition for an interim
measure of protection may be filed with the a. Preliminary injunction directed against a
Regional Trial Court, which has jurisdiction over party to arbitration;
any of the following places:
b. Preliminary attachment against property or
a. Where the principal place of business of any garnishment of funds in the custody of a bank
of the parties to arbitration is located; or a third person;

b. Where any of the parties who are individuals c. Appointment of a receiver;

resides;
d. Detention, preservation, delivery or
c. Where any of the acts sought to be enjoined inspection of property; or,
are being performed, threatened to be
performed or not being performed; or e. Assistance in the enforcement of an interim
measure of protection granted by the arbitral
d. Where the real property subject of tribunal, which the latter cannot enforce
arbitration, or a portion thereof is situated. effectively.

Rule 5.4. Grounds. - The following grounds, Rule 5.7. Dispensing with prior notice in certain
while not limiting the reasons for the court to cases. - Prior notice to the other party may be
grant an interim measure of protection, indicate dispensed with when the petitioner alleges in
the nature of the reasons that the court shall the petition that there is an urgent need to
consider in granting the relief: either (a) preserve property, (b) prevent the
respondent from disposing of, or concealing, the
a. The need to prevent irreparable loss or injury; property, or (c) prevent the relief prayed for
from becoming illusory because of prior notice,
b. The need to provide security for the and the court finds that the reason/s given by
performance of any obligation; the petitioner are meritorious.

c. The need to produce or preserve evidence; or Rule 5.8. Comment/Opposition. - The

comment/opposition must be filed within
d. The need to compel any other appropriate fifteen (15) days from service of the petition.
act or omission. The opposition or comment should state the
reasons why the interim measure of protection
Rule 5.5. Contents of the petition. - The verified should not be granted.
petition must state the following:
Rule 5.9. Court action. - After hearing the
a. The fact that there is an arbitration petition, the court shall balance the relative
agreement; interests of the parties and inconveniences that
may be caused, and on that basis resolve the
b. The fact that the arbitral tribunal has not matter within thirty (30) days from (a)
been constituted, or if constituted, is unable to submission of the opposition, or (b) upon lapse
act or would be unable to act effectively; of the period to file the same, or (c) from
termination of the hearing that the court may
set only if there is a need for clarification or grant, modification, amendment, revision or
further argument. revocation by an arbitral tribunal.

If the other parties fail to file their opposition on Rule 5.10. Relief against court action. - If
or before the day of the hearing, the court shall respondent was given an opportunity to be
motu proprio render judgment only on the basis heard on a petition for an interim measure of
of the allegations in the petition that are protection, any order by the court shall be
substantiated by supporting documents and immediately executory, but may be the subject
limited to what is prayed for therein. of a motion for reconsideration and/or appeal
or, if warranted, a petition for certiorari.
In cases where, based solely on the petition, the
court finds that there is an urgent need to either Rule 5.11. Duty of the court to refer back. - The
(a) preserve property, (b) prevent the court shall not deny an application for
respondent from disposing of, or concealing, the assistance in implementing or enforcing an
property, or (c) prevent the relief prayed for interim measure of protection ordered by an
from becoming illusory because of prior notice, arbitral tribunal on any or all of the following
it shall issue an immediately executory grounds:
temporary order of protection and require the
petitioner, within five (5) days from receipt of a. The arbitral tribunal granted the interim relief
that order, to post a bond to answer for any ex parte; or
damage that respondent may suffer as a result
of its order. The ex-parte temporary order of b. The party opposing the application found
protection shall be valid only for a period of new material evidence, which the arbitral
twenty (20) days from the service on the party tribunal had not considered in granting in the
required to comply with the order. Within that application, and which, if considered, may
period, the court shall: produce a different result; or

a. Furnish the respondent a copy of the petition c. The measure of protection ordered by the
and a notice requiring him to comment thereon arbitral tribunal amends, revokes, modifies or is
on or before the day the petition will be heard; inconsistent with an earlier measure of
and protection issued by the court.

b. Notify the parties that the petition shall be If it finds that there is sufficient merit in the
heard on a day specified in the notice, which opposition to the application based on letter (b)
must not be beyond the twenty (20) day period above, the court shall refer the matter back to
of the effectivity of the ex-parte order. the arbitral tribunal for appropriate
determination.
The respondent has the option of having the
temporary order of protection lifted by posting Rule 5.12. Security. - The order granting an
an appropriate counter-bond as determined by interim measure of protection may be
the court. conditioned upon the provision of security,
performance of an act, or omission thereof,
If the respondent requests the court for an specified in the order.
extension of the period to file his opposition or
comment or to reset the hearing to a later date, The Court may not change or increase or
and such request is granted, the court shall decrease the security ordered by the arbitral
extend the period of validity of the ex-parte tribunal.
temporary order of protection for no more than
twenty days from expiration of the original Rule 5.13. Modification, amendment, revision or
period. revocation of court’s previously issued interim
measure of protection. - Any court order
After notice and hearing, the court may either granting or denying interim measure/s of
grant or deny the petition for an interim protection is issued without prejudice to
measure of protection. The order granting or subsequent grant, modification, amendment,
denying any application for interim measure of revision or revocation by the arbitral tribunal as
protection in aid of arbitration must indicate may be warranted.
that it is issued without prejudice to subsequent
An interim measure of protection issued by the or is unable to perform its duty as appointing
arbitral tribunal shall, upon its issuance be authority within a reasonable time from receipt
deemed to have ipso jure modified, amended, of the request for appointment;
revised or revoked an interim measure of
protection previously issued by the court to the b. In all instances where arbitration is ad hoc
extent that it is inconsistent with the and the parties failed to provide a method for
subsequent interim measure of protection appointing or replacing an arbitrator, or
issued by the arbitral tribunal. substitute arbitrator, or the method agreed
upon is ineffective, and the National President
Rule 5.14. Conflict or inconsistency between of the Integrated Bar of the Philippines (IBP) or
interim measure of protection issued by the his duly authorized representative fails or
court and by the arbitral tribunal. - Any question refuses to act within such period as may be
involving a conflict or inconsistency between an allowed under the pertinent rules of the IBP or
interim measure of protection issued by the within such period as may be agreed upon by
court and by the arbitral tribunal shall be the parties, or in the absence thereof, within
immediately referred by the court to the arbitral thirty (30) days from receipt of such request for
tribunal which shall have the authority to decide appointment;
such question.
c. Where the parties agreed that their dispute
Rule 5.15. Court to defer action on petition for shall be resolved by three arbitrators but no
an interim measure of protection when method of appointing those arbitrators has
informed of constitution of the arbitral tribunal. been agreed upon, each party shall appoint one
- The court shall defer action on any pending arbitrator and the two arbitrators thus
petition for an interim measure of protection appointed shall appoint a third arbitrator. If a
filed by a party to an arbitration agreement party fails to appoint his arbitrator within thirty
arising from or in connection with a dispute (30) days of receipt of a request to do so from
thereunder upon being informed that an the other party, or if the two arbitrators fail to
arbitral tribunal has been constituted pursuant agree on the third arbitrator within a
to such agreement. The court may act upon reasonable time from their appointment, the
such petition only if it is established by the appointment shall be made by the Appointing
petitioner that the arbitral tribunal has no Authority. If the latter fails or refuses to act or
power to act on any such interim measure of appoint an arbitrator within a reasonable time
protection or is unable to act thereon from receipt of the request to do so, any party
effectively. or the appointed arbitrator/s may request the
court to appoint an arbitrator or the third
Rule 5.16. Court assistance should arbitral arbitrator as the case may be.
tribunal be unable to effectively enforce interim
measure of protection. - The court shall assist in Rule 6.2. Who may request for appointment. -
the enforcement of an interim measure of Any party to an arbitration may request the
protection issued by the arbitral tribunal which court to act as an Appointing Authority in the
it is unable to effectively enforce. instances specified in Rule 6.1 above.

RULE 6: APPOINTMENT OF ARBITRATORS Rule 6.3. Venue. - The petition for appointment
of arbitrator may be filed, at the option of the
Rule 6.1. When the court may act as Appointing petitioner, in the Regional Trial Court (a) where
Authority. - The court shall act as Appointing the principal place of business of any of the
Authority only in the following instances: parties is located, (b) if any of the parties are
individuals, where those individuals reside, or
a. Where any of the parties in an institutional (c) in the National Capital Region.
arbitration failed or refused to appoint an
arbitrator or when the parties have failed to Rule 6.4. Contents of the petition. -The petition
reach an agreement on the sole arbitrator (in an shall state the following:
arbitration before a sole arbitrator) or when the
two designated arbitrators have failed to reach a. The general nature of the dispute;
an agreement on the third or presiding
arbitrator (in an arbitration before a panel of b. If the parties agreed on an appointment
three arbitrators), and the institution under procedure, a description of that procedure with
whose rules arbitration is to be conducted fails
reference to the agreement where such may be the selection and appointment of a sole
found; arbitrator or to appoint a party-nominated
arbitrator, the petition filed under this rule shall
c. The number of arbitrators agreed upon or the be dismissed.
absence of any agreement as to the number of
arbitrators; Rule 6.9. Relief against court action. - If the
court appoints an arbitrator, the order
d. The special qualifications that the arbitrator/s appointing an arbitrator shall be immediately
must possess, if any, that were agreed upon by executory and shall not be the subject of a
the parties; motion for reconsideration, appeal or certiorari.
An order of the court denying the petition for
e. The fact that the Appointing Authority, appointment of an arbitrator may, however, be
without justifiable cause, has failed or refused the subject of a motion for reconsideration,
to act as such within the time prescribed or in appeal or certiorari.
the absence thereof, within a reasonable time,
from the date a request is made; and RULE 7: CHALLENGE TO APPOINTMENT OF
ARBITRATOR
f. The petitioner is not the cause of the delay in,
or failure of, the appointment of the arbitrator. Rule 7.1. Who may challenge. - Any of the
parties to an arbitration may challenge an
Apart from other submissions, the petitioner arbitrator.
must attach to the petition (a) an authentic copy
of the arbitration agreement, and (b) proof that Rule 7.2. When challenge may be raised in
the Appointing Authority has been notified of court. - When an arbitrator is challenged before
the filing of the petition for appointment with the arbitral tribunal under the procedure agreed
the court. upon by the parties or under the procedure
provided for in Article 13 (2) of the Model Law
Rule 6.5. Comment/Opposition. - The and the challenge is not successful, the
comment/opposition must be filed within aggrieved party may request the Appointing
fifteen (15) days from service of the petition. Authority to rule on the challenge, and it is only
when such Appointing Authority fails or refuses
Rule 6.6. Submission of list of arbitrators. - The to act on the challenge within such period as
court may, at its option, also require each party may be allowed under the applicable rule or in
to submit a list of not less than three (3) the absence thereof, within thirty (30) days
proposed arbitrators together with their from receipt of the request, that the aggrieved
curriculum vitae. party may renew the challenge in court.

Rule 6.7. Court action. - After hearing, if the Rule 7.3. Venue. - The challenge shall be filed
court finds merit in the petition, it shall appoint with the Regional Trial Court (a) where the
an arbitrator; otherwise, it shall dismiss the principal place of business of any of the parties
petition. is located, (b) if any of the parties are
individuals, where those individuals reside, or
In making the appointment, the court shall have (c) in the National Capital Region.
regard to such considerations as are likely to
secure the appointment of an independent and Rule 7.4. Grounds. - An arbitrator may be
impartial arbitrator. challenged on any of the grounds for challenge
provided for in Republic Act No. 9285 and its
At any time after the petition is filed and before implementing rules, Republic Act No. 876 or the
the court makes an appointment, it shall also Model Law. The nationality or professional
dismiss the petition upon being informed that qualification of an arbitrator is not a ground to
the Appointing Authority has already made the challenge an arbitrator unless the parties have
appointment. specified in their arbitration agreement a
nationality and/or professional qualification for
Rule 6.8. Forum shopping prohibited. - When appointment as arbitrator.
there is a pending petition in another court to
declare the arbitration agreement inexistent, Rule 7.5. Contents of the petition. - The petition
invalid, unenforceable, on account of which the shall state the following:
respondent failed or refused to participate in
a. The name/s of the arbitrator/s challenged The court will decide the challenge on the basis
and his/their address; of the evidence submitted by the parties in the
following instances:
b. The grounds for the challenge;
a. The other arbitrators in the arbitral tribunal
c. The facts showing that the ground for the agree to the removal of the challenged
challenge has been expressly or impliedly arbitrator; and
rejected by the challenged arbitrator/s; and
b. If the challenged arbitrator fails or refuses to
d. The facts showing that the Appointing submit his comment on the petition or the brief
Authority failed or refused to act on the of legal arguments as directed by the court, or
challenge. in such comment or brief of legal arguments, he
fails to object to his removal following the
The court shall dismiss the petition motu challenge.
proprio unless it is clearly alleged therein that
the Appointing Authority charged with deciding Rule 7.8. No motion for reconsideration, appeal
the challenge, after the resolution of the arbitral or certiorari. - Any order of the court resolving
tribunal rejecting the challenge is raised or the petition shall be immediately executory and
contested before such Appointing Authority, shall not be the subject of a motion for
failed or refused to act on the challenge within reconsideration, appeal, or certiorari.
thirty (30) days from receipt of the request or
within such longer period as may apply or as Rule 7.9. Reimbursement of expenses and
may have been agreed upon by the parties. reasonable compensation to challenged
arbitrator. - Unless the bad faith of the
Rule 7.6. Comment/Opposition. - The challenged arbitrator is established with
challenged arbitrator or other parties may file a reasonable certainty by concealing or failing to
comment or opposition within fifteen (15) days disclose a ground for his disqualification, the
from service of the petition. challenged arbitrator shall be entitled to
reimbursement of all reasonable expenses he
Rule 7.7. Court action. - After hearing, the court may have incurred in attending to the
shall remove the challenged arbitrator if it finds arbitration and to a reasonable compensation
merit in the petition; otherwise, it shall dismiss for his work on the arbitration. Such expenses
the petition. include, but shall not be limited to,
transportation and hotel expenses, if any. A
The court shall allow the challenged arbitrator reasonable compensation shall be paid to the
who subsequently agrees to accept the challenged arbitrator on the basis of the length
challenge to withdraw as arbitrator. of time he has devoted to the arbitration and
taking into consideration his stature and
The court shall accept the challenge and remove reputation as an arbitrator. The request for
the arbitrator in the following cases: reimbursement of expenses and for payment of
a reasonable compensation shall be filed in the
a. The party or parties who named and same case and in the court where the petition
appointed the challenged arbitrator agree to to replace the challenged arbitrator was filed.
the challenge and withdraw the appointment. The court, in determining the amount of the
award to the challenged arbitrator, shall receive
b. The other arbitrators in the arbitral tribunal evidence of expenses to be reimbursed, which
agree to the removal of the challenged may consist of air tickets, hotel bills and
arbitrator; and expenses, and inland transportation. The court
shall direct the challenging party to pay the
c. The challenged arbitrator fails or refuses to amount of the award to the court for the
submit his comment on the petition or the brief account of the challenged arbitrator, in default
of legal arguments as directed by the court, or of which the court may issue a writ of execution
in such comment or legal brief, he fails to object to enforce the award.
to his removal following the challenge.
RULE 8: TERMINATION OF THE MANDATE OF
The court shall decide the challenge on the ARBITRATOR
basis of evidence submitted by the parties.
Rule 8.1. Who may request termination and on
what grounds.- Any of the parties to an Rule 8.6. Court action. - After hearing, if the
arbitration may request for the termination of court finds merit in the petition, it shall
the mandate of an arbitrator where an terminate the mandate of the arbitrator who
arbitrator becomes de jure or de facto unable to refuses to withdraw from his office; otherwise,
perform his function or for other reasons fails to it shall dismiss the petition.
act without undue delay and that arbitrator,
upon request of any party, fails or refuses to Rule 8.7. No motion for reconsideration or
withdraw from his office. appeal. - Any order of the court resolving the
petition shall be immediately executory and
Rule 8.2. When to request. - If an arbitrator shall not be subject of a motion for
refuses to withdraw from his office, and reconsideration, appeal or petition for
subsequently, the Appointing Authority fails or certiorari.
refuses to decide on the termination of the
mandate of that arbitrator within such period as Rule 8.8. Appointment of substitute arbitrator. -
may be allowed under the applicable rule or, in Where the mandate of an arbitrator is
the absence thereof, within thirty (30) days terminated, or he withdraws from office for any
from the time the request is brought before other reason, or because of his mandate is
him, any party may file with the court a petition revoked by agreement of the parties or is
to terminate the mandate of that arbitrator. terminated for any other reason, a substitute
arbitrator shall be appointed according to the
Rule 8.3. Venue. - A petition to terminate the rules that were applicable to the appointment
mandate of an arbitrator may, at that of the arbitrator being replaced.
petitioner’s option, be filed with the Regional
Trial Court (a) where the principal place of RULE 9: ASSISTANCE IN TAKING EVIDENCE
business of any of the parties is located, (b)
where any of the parties who are individuals Rule 9.1. Who may request assistance. - Any
resides, or (c) in the National Capital Region. party to an arbitration, whether domestic or
foreign, may request the court to provide
Rule 8.4. Contents of the petition. - The petition assistance in taking evidence.
shall state the following:
Rule 9.2. When assistance may be sought. -
a. The name of the arbitrator whose mandate is Assistance may be sought at any time during the
sought to be terminated; course of the arbitral proceedings when the
need arises.
b. The ground/s for termination;
Rule 9.3. Venue. - A petition for assistance in
c. The fact that one or all of the parties had taking evidence may, at the option of the
requested the arbitrator to withdraw but he petitioner, be filed with Regional Trial Court
failed or refused to do so; where (a) arbitration proceedings are taking
place, (b) the witnesses reside or may be found,
d. The fact that one or all of the parties or (c) where the evidence may be found.
requested the Appointing Authority to act on
the request for the termination of the mandate Rule 9.4. Ground. - The court may grant or
of the arbitrator and failure or inability of the execute the request for assistance in taking
Appointing Authority to act within thirty (30) evidence within its competence and according
days from the request of a party or parties or to the rules of evidence.
within such period as may have been agreed
upon by the parties or allowed under the Rule 9.5. Type of assistance. - A party requiring
applicable rule. assistance in the taking of evidence may
petition the court to direct any person, including
The petitioner shall further allege that one or all a representative of a corporation, association,
of the parties had requested the arbitrator to partnership or other entity (other than a party
withdraw but he failed or refused to do so. to the ADR proceedings or its officers) found in
the Philippines, for any of the following:
Rule 8.5. Comment/Opposition. - The
comment/opposition must be filed within a. To comply with a subpoena ad testificandum
fifteen (15) days from service of the petition. and/or subpoena duces tecum;
 before arbitration is commenced or before the
b. To appear as a witness before an officer for arbitral tribunal is constituted, any person who
the taking of his deposition upon oral desires to perpetuate his testimony or that of
examination or by written interrogatories; another person may do so in accordance with
Rule 24 of the Rules of Court.
c. To allow the physical examination of the
condition of persons, or the inspection of things Rule 9.11. Consequence of disobedience. - The
or premises and, when appropriate, to allow the court may impose the appropriate sanction on
recording and/or documentation of condition of any person who disobeys its order to testify
persons, things or premises (i.e., photographs, when required or perform any act required of
video and other means of him.
recording/documentation);
RULE 10: CONFIDENTIALITY/PROTECTIVE
d. To allow the examination and copying of ORDERS
documents; and
Rule 10.1. Who may request confidentiality. - A
e. To perform any similar acts. party, counsel or witness who disclosed or who
was compelled to disclose information relative
Rule 9.6. Contents of the petition. - The petition to the subject of ADR under circumstances that
must state the following: would create a reasonable expectation, on
behalf of the source, that the information shall
a. The fact that there is an ongoing arbitration be kept confidential has the right to prevent
proceeding even if such proceeding could not such information from being further disclosed
continue due to some legal impediments; without the express written consent of the
source or the party who made the disclosure.
b. The arbitral tribunal ordered the taking of
evidence or the party desires to present Rule 10.2. When request made. - A party may
evidence to the arbitral tribunal; request a protective order at anytime there is a
need to enforce the confidentiality of the
c. Materiality or relevance of the evidence to be information obtained, or to be obtained, in ADR
taken; and proceedings.

d. The names and addresses of the intended Rule 10.3. Venue. - A petition for a protective
witness/es, place where the evidence may be order may be filed with the Regional Trial Court
found, the place where the premises to be where that order would be implemented.
inspected are located or the place where the
acts required are to be done. If there is a pending court proceeding in which
the information obtained in an ADR proceeding
Rule 9.7. Comment/Opposition. - The is required to be divulged or is being divulged,
comment/opposition must be filed within the party seeking to enforce the confidentiality
fifteen (15) days from service of the petition. of the information may file a motion with the
court where the proceedings are pending to
Rule 9.8. Court action. - If the evidence sought is enjoin the confidential information from being
not privileged, and is material and relevant, the divulged or to suppress confidential
court shall grant the assistance in taking information.
evidence requested and shall order petitioner to
pay costs attendant to such assistance. Rule 10.4. Grounds. - A protective order may be
granted only if it is shown that the applicant
Rule 9.9. Relief against court action. - The order would be materially prejudiced by an
granting assistance in taking evidence shall be unauthorized disclosure of the information
immediately executory and not subject to obtained, or to be obtained, during an ADR
reconsideration or appeal. If the court declines proceeding.
to grant assistance in taking evidence, the
petitioner may file a motion for reconsideration Rule 10.5. Contents of the motion or petition. -
or appeal. The petition or motion must state the following:

Rule 9.10. Perpetuation of testimony before the

arbitral tribunal is constituted. - At anytime
a. That the information sought to be protected b. A party, a mediator, or a nonparty participant
was obtained, or would be obtained, during an may refuse to disclose and may prevent any
ADR proceeding; other person from disclosing a mediation
communication.
b. The applicant would be materially prejudiced
by the disclosure of that information; c. In such an adversarial proceeding, the
following persons involved or previously
c. The person or persons who are being asked to involved in a mediation may not be compelled
divulge the confidential information to disclose confidential information obtained
participated in an ADR proceedings; and during the mediation: (1) the parties to the
dispute; (2) the mediator or mediators; (3) the
d. The time, date and place when the ADR counsel for the parties: (4) the nonparty
proceedings took place. participants; (5) any persons hired or engaged in
connection with the mediation as secretary,
Apart from the other submissions, the movant stenographer; clerk or assistant; and (6) any
must set the motion for hearing and contain a other person who obtains or possesses
notice of hearing in accordance with Rule 15 of confidential information by reason of his/ her
the Rules of Court. profession.

Rule 10.6. Notice. - Notice of a request for a d. The protection of the ADR Laws shall
protective order made through a motion shall continue to apply even if a mediator is found to
be made to the opposing parties in accordance have failed to act impartially.
with Rule 15 of the Rules of Court.
e. A mediator may not be called to testify to
Rule 10.7. Comment/Opposition. - The provide information gathered in mediation. A
comment/opposition must be filed within mediator who is wrongfully subpoenaed shall
fifteen (15) days from service of the petition. be reimbursed the full cost of his attorney fees
The opposition or comment may be and related expenses.
accompanied by written proof that (a) the
information is not confidential, (b) the Rule 10.9. Relief against court action. - The
information was not obtained during an ADR order enjoining a person or persons from
proceeding, (c) there was a waiver of divulging confidential information shall be
confidentiality, or (d) the petitioner/movant is immediately executory and may not be enjoined
precluded from asserting confidentiality. while the order is being questioned with the
appellate courts.
Rule 10.8. Court action. - If the court finds the
petition or motion meritorious, it shall issue an If the court declines to enjoin a person or
order enjoining a person or persons from persons from divulging confidential information,
divulging confidential information. the petitioner may file a motion for
reconsideration or appeal.
In resolving the petition or motion, the courts
shall be guided by the following principles Rule 10.10. Consequence of disobedience. - Any
applicable to all ADR proceedings: Confidential person who disobeys the order of the court to
information shall not be subject to discovery cease from divulging confidential information
and shall be inadmissible in any adversarial shall be imposed the proper sanction by the
proceeding, whether judicial or quasi judicial. court.
However, evidence or information that is
otherwise admissible or subject to discovery RULE 11: CONFIRMATION, CORRECTION OR
does not become inadmissible or protected VACATION OF AWARD IN DOMESTIC
from discovery solely by reason of its use 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. -
(A) Confirmation. - At any time after the lapse of b. There was evident partiality or corruption in
thirty (30) days from receipt by the petitioner of the arbitral tribunal or any of its members;
the arbitral award, he may petition the court to
confirm that award. c. The arbitral tribunal was guilty of misconduct
or any form of misbehavior that has materially
(B) Correction/Modification. - Not later than prejudiced the rights of any party such as
thirty (30) days from receipt of the arbitral refusing to postpone a hearing upon sufficient
award, a party may petition the court to cause shown or to hear evidence pertinent and
correct/modify that award. material to the controversy;

(C) Vacation. - Not later than thirty (30) days d. One or more of the arbitrators was
from receipt of the arbitral award, a party may disqualified to act as such under the law and
petition the court to vacate that award. willfully refrained from disclosing such
disqualification; or
(D) A petition to vacate the arbitral award may
be filed, in opposition to a petition to confirm e. The arbitral tribunal exceeded its powers, or
the arbitral award, not later than thirty (30) so imperfectly executed them, such that a
days from receipt of the award by the petitioner. complete, final and definite award upon the
A petition to vacate the arbitral award filed subject matter submitted to them was not
beyond the reglementary period shall be made.
dismissed.
The award may also be vacated on any or all of
(E) A petition to confirm the arbitral award may the following grounds:
be filed, in opposition to a petition to vacate the
arbitral award, at any time after the petition to a. The arbitration agreement did not exist, or is
vacate such arbitral award is filed. The dismissal invalid for any ground for the revocation of a
of the petition to vacate the arbitral award for contract or is otherwise unenforceable; or
having been filed beyond the reglementary
period shall not result in the dismissal of the b. A party to arbitration is a minor or a person
petition for the confirmation of such arbitral judicially declared to be incompetent.
award.
The petition to vacate an arbitral award on the
(F) The filing of a petition to confirm an arbitral ground that the party to arbitration is a minor
award shall not authorize the filing of a belated or a person judicially declared to be
petition to vacate or set aside such award in incompetent shall be filed only on behalf of the
opposition thereto. minor or incompetent and shall allege that (a)
the other party to arbitration had knowingly
(G) A petition to correct an arbitral award may entered into a submission or agreement with
be included as part of a petition to confirm the such minor or incompetent, or (b) the
arbitral award or as a petition to confirm that submission to arbitration was made by a
award. guardian or guardian ad litem who was not
authorized to do so by a competent court.
Rule 11.3. Venue. - The petition for
confirmation, correction/modification or In deciding the petition to vacate the arbitral
vacation of a domestic arbitral award may be award, the court shall disregard any other
filed with Regional Trial Court having jurisdiction ground than those enumerated above.
over the place in which one of the parties is
doing business, where any of the parties reside (B) To correct/modify an arbitral award. - The
or where arbitration proceedings were Court may correct/modify or order the arbitral
conducted. tribunal to correct/modify the arbitral award in
the following cases:
Rule 11.4. Grounds. - (A) To vacate an arbitral
award. - The arbitral award may be vacated on a. Where there was an evident miscalculation of
the following grounds: figures or an evident mistake in the description
of any person, thing or property referred to in
a. The arbitral award was procured through the award;
corruption, fraud or other undue means;
b. Where the arbitrators have awarded upon a the consolidation of the two proceedings in one
matter not submitted to them, not affecting the court and in one case.
merits of the decision upon the matter
submitted; Where the petition to confirm the award and
petition to vacate or correct/modify were
c. Where the arbitrators have omitted to resolve simultaneously filed by the parties in the same
an issue submitted to them for resolution; or court or in different courts in the Philippines,
upon motion of either party, the court may
d. Where the award is imperfect in a matter of order the consolidation of the two cases before
form not affecting the merits of the controversy, either court.
and if it had been a commissioner’s report, the
defect could have been amended or disregarded In all instances, the petition must be verified by
by the Court. a person who has knowledge of the
jurisdictional facts.
Rule 11.5. Form of petition. - An application to
vacate an arbitral award shall be in the form of a Rule 11.6. Contents of petition. - The petition
petition to vacate or as a petition to vacate in must state the following:
opposition to a petition to confirm the same
award. a. The addresses of the parties and any change
thereof;
An application to correct/modify an arbitral
award may be included in a petition to confirm b. The jurisdictional issues raised by a party
an arbitral award or in a petition to vacate in during arbitration proceedings;
opposition to confirm the same award.
c. The grounds relied upon by the parties in
When a petition to confirm an arbitral award is seeking the vacation of the arbitral award
pending before a court, the party seeking to whether the petition is a petition for the
vacate or correct/modify said award may only vacation or setting aside of the arbitral award or
apply for those reliefs through a petition to a petition in opposition to a petition to confirm
vacate or correct/modify the award in the award; and
opposition to the petition to confirm the award
provided that such petition to vacate or d. A statement of the date of receipt of the
correct/modify is filed within thirty (30) days arbitral award and the circumstances under
from his receipt of the award. A petition to which it was received by the petitioner.
vacate or correct/modify an arbitral award filed
in another court or in a separate case before the Apart from other submissions, the petitioner
same court shall be dismissed, upon must attach to the petition the following:
appropriate motion, as a violation of the rule
against forum-shopping. a. An authentic copy of the arbitration
agreement;
When a petition to vacate or correct/modify an
arbitral award is pending before a court, the b. An authentic copy of the arbitral award;
party seeking to confirm said award may only
apply for that relief through a petition to c. A certification against forum shopping
confirm the same award in opposition to the executed by the applicant in accordance with
petition to vacate or correct/modify the award. Section 5 of Rule 7 of the Rules of Court; and
A petition to confirm or correct/modify an
arbitral award filed as separate proceeding in d. An authentic copy or authentic copies of the
another court or in a different case before the appointment of an arbitral tribunal.
same court shall be dismissed, upon
appropriate motion, as a violation of the rule Rule 11.7. Notice. - Upon finding that the
against forum shopping. petition filed under this Rule is sufficient both in
form and in substance, the Court shall cause
As an alternative to the dismissal of a second notice and a copy of the petition to be delivered
petition for confirmation, vacation or to the respondent allowing him to file a
correction/modification of an arbitral award comment or opposition thereto within fifteen
filed in violation of the non-forum shopping (15) days from receipt of the petition. In lieu of
rule, the court or courts concerned may allow
an opposition, the respondent may file a declared to be incompetent, there shall be
petition in opposition to the petition. attached to the petition certified copies of
documents showing such fact. In addition, the
The petitioner may within fifteen (15) days from petitioner shall show that even if the
receipt of the petition in opposition thereto file submission or arbitration agreement was
a reply. entered into by a guardian or guardian ad litem,
the latter was not authorized by a competent
Rule 11.8. Hearing. - If the Court finds from the court to sign such the submission or arbitration
petition or petition in opposition thereto that agreement.
there are issues of fact, it shall require the
parties, within a period of not more than fifteen If on the basis of the petition, the opposition,
(15) days from receipt of the order, to the affidavits and reply affidavits of the parties,
simultaneously submit the affidavits of all of the court finds that there is a need to conduct
their witnesses and reply affidavits within ten an oral hearing, the court shall set the case for
(10) days from receipt of the affidavits to be hearing. This case shall have preference over
replied to. There shall be attached to the other cases before the court, except criminal
affidavits or reply affidavits documents relied cases. During the hearing, the affidavits of
upon in support of the statements of fact in witnesses shall take the place of their direct
such affidavits or reply affidavits. testimonies and they shall immediately be
subject to cross-examination thereon. The Court
If the petition or the petition in opposition shall have full control over the proceedings in
thereto is one for vacation of an arbitral award, order to ensure that the case is heard without
the interested party in arbitration may oppose undue delay.
the petition or the petition in opposition
thereto for the reason that the grounds cited in Rule 11.9. Court action. - Unless a ground to
the petition or the petition in opposition vacate an arbitral award under Rule 11.5 above
thereto, assuming them to be true, do not affect is fully established, the court shall confirm the
the merits of the case and may be cured or award.
remedied. Moreover, the interested party may
request the court to suspend the proceedings An arbitral award shall enjoy the presumption
for vacation for a period of time and to direct that it was made and released in due course of
the arbitral tribunal to reopen and conduct a arbitration and is subject to confirmation by the
new hearing and take such other action as will court
eliminate the grounds for vacation of the award.
The opposition shall be supported by a brief of In resolving the petition or petition in
legal arguments to show the existence of a opposition thereto in accordance with these
sufficient legal basis for the opposition. Special ADR Rules, the court shall either confirm
or vacate the arbitral award. The court shall not
If the ground of the petition to vacate an arbitral disturb the arbitral tribunal’s determination of
award is that the arbitration agreement did not facts and/or interpretation of law.
exist, is invalid or otherwise unenforceable, and
an earlier petition for judicial relief under Rule 3 In a petition to vacate an award or in petition to
had been filed, a copy of such petition and of vacate an award in opposition to a petition to
the decision or final order of the court shall be confirm the award, the petitioner may
attached thereto. But if the ground was raised simultaneously apply with the Court to refer the
before the arbitral tribunal in a motion to case back to the same arbitral tribunal for the
dismiss filed not later than the submission of its purpose of making a new or revised award or to
answer, and the arbitral tribunal ruled in favor direct a new hearing, or in the appropriate case,
of its own jurisdiction as a preliminary question order the new hearing before a new arbitral
which was appealed by a party to the Regional tribunal, the members of which shall be chosen
Trial Court, a copy of the order, ruling or in the manner provided in the arbitration
preliminary award or decision of the arbitral agreement or submission, or the law. In the
tribunal, the appeal therefrom to the Court and latter case, any provision limiting the time in
the order or decision of the Court shall all be which the arbitral tribunal may make a decision
attached to the petition. shall be deemed applicable to the new arbitral
tribunal.
If the ground of the petition is that the
petitioner is an infant or a person judicially
In referring the case back to the arbitral tribunal the assets to be attached or levied upon is
or to a new arbitral tribunal pursuant to Rule 24 located; (c) where the act to be enjoined will be
of Republic Act No. 876, the court may not or is being performed; (d) where any of the
direct it to revise its award in a particular way, parties to arbitration resides or has its place of
or to revise its findings of fact or conclusions of business; or (e) in the National Capital Judicial
law or otherwise encroach upon the Region.
independence of an arbitral tribunal in the
making of a final award. Rule 12.4. Grounds to set aside or resist
enforcement. - The court may set aside or
RULE 12: RECOGNITION AND ENFORCEMENT OR refuse the enforcement of the arbitral award
SETTING ASIDE OF AN only if:
INTERNATIONALCOMMERCIAL ARBITRATION
AWARD a. The party making the application furnishes
proof that:
Rule 12.1. Who may request recognition and
enforcement or setting aside. - Any party to an (i). A party to the arbitration agreement was
international commercial arbitration in the under some incapacity, or the said agreement is
Philippines may petition the proper court to not valid under the law to which the parties
recognize and enforce or set aside an arbitral have subjected it or, failing any indication
award. thereof, under Philippine law; or

Rule 12.2. When to file petition. - (A) Petition to (ii). The party making the application to set
recognize and enforce. - The petition for aside or resist enforcement was not given
enforcement and recognition of an arbitral proper notice of the appointment of an
award may be filed anytime from receipt of the arbitrator or of the arbitral proceedings or was
award. If, however, a timely petition to set aside otherwise unable to present his case; or
an arbitral award is filed, the opposing party
must file therein and in opposition thereto the (iii). The award deals with a dispute not
petition for recognition and enforcement of the contemplated by or not falling within the terms
same award within the period for filing an of the submission to arbitration, or contains
opposition. decisions on matters beyond the scope of the
submission to arbitration; provided that, if the
(B) Petition to set aside. - The petition to set decisions on matters submitted to arbitration
aside an arbitral award may only be filed within can be separated from those not so submitted,
three (3) months from the time the petitioner only that part of the award which contains
receives a copy thereof. If a timely request is decisions on matters not submitted to
made with the arbitral tribunal for correction, arbitration may be set aside or only that part of
interpretation or additional award, the three (3) the award which contains decisions on matters
month period shall be counted from the time submitted to arbitration may be enforced; or
the petitioner receives the resolution by the
arbitral tribunal of that request. (iv). The composition of the arbitral tribunal or
the arbitral procedure was not in accordance
A petition to set aside can no longer be filed with the agreement of the parties, unless such
after the lapse of the three (3) month period. agreement was in conflict with a provision of
The dismissal of a petition to set aside an Philippine law from which the parties cannot
arbitral award for being time-barred shall not derogate, or, failing such agreement, was not in
automatically result in the approval of the accordance with Philippine law;
petition filed therein and in opposition thereto
for recognition and enforcement of the same b. The court finds that:
award. Failure to file a petition to set aside shall
preclude a party from raising grounds to resist (i). The subject-matter of the dispute is not
enforcement of the award. capable of settlement by arbitration under the
law of the Philippines; or
Rule 12.3. Venue. - A petition to recognize and
enforce or set aside an arbitral award may, at (ii). The recognition or enforcement of the
the option of the petitioner, be filed with the award would be contrary to public policy.
Regional Trial Court: (a) where arbitration
proceedings were conducted; (b) where any of
In deciding the petition, the Court shall b. A statement that the arbitration agreement
disregard any other ground to set aside or or submission exists;
enforce the arbitral award other than those
enumerated above. c. The names of the arbitrators and proof of
their appointment;
The petition to set-aside or a pleading resisting
the enforcement of an arbitral award on the d. A statement that an arbitral award was issued
ground that a party was a minor or an and when the petitioner received it; and
incompetent shall be filed only on behalf of the
minor or incompetent and shall allege that (a) e. The relief sought.
the other party to arbitration had knowingly
entered into a submission or agreement with Apart from other submissions, the petitioner
such minor or incompetent, or (b) the shall attach to the petition the following:
submission to arbitration was made by a
guardian or guardian ad litem who was not a. An authentic copy of the arbitration
authorized to do so by a competent court. agreement;

Rule 12.5. Exclusive recourse against arbitral b. An authentic copy of the arbitral award;
award. - Recourse to a court against an arbitral
award shall be made only through a petition to c. A verification and certification against forum
set aside the arbitral award and on grounds shopping executed by the applicant in
prescribed by the law that governs international accordance with Sections 4 and 5 of Rule 7 of
commercial arbitration. Any other recourse the Rules of Court; and
from the arbitral award, such as by appeal or
petition for review or petition for certiorari or d. An authentic copy or authentic copies of the
otherwise, shall be dismissed by the court. appointment of an arbitral tribunal.

Rule 12.6. Form. - The application to recognize (B) Petition to set aside. - The petition to set
and enforce or set aside an arbitral award, aside or petition to set aside in opposition to a
whether made through a petition to recognize petition to recognize and enforce an arbitral
and enforce or to set aside or as a petition to set award in international commercial arbitration
aside the award in opposition thereto, or shall have the same contents as a petition to
through a petition to set aside or petition to recognize and enforce or petition to recognize
recognize and enforce in opposition thereto, and enforce in opposition to a petition to set
shall be verified by a person who has personal aside an arbitral award. In addition, the said
knowledge of the facts stated therein. petitions should state the grounds relied upon
to set it aside.
When a petition to recognize and enforce an
arbitral award is pending, the application to set Further, if the ground of the petition to set aside
it aside, if not yet time-barred, shall be made is that the petitioner is a minor or found
through a petition to set aside the same award incompetent by a court, there shall be attached
in the same proceedings. to the petition certified copies of documents
showing such fact. In addition, the petitioner
When a timely petition to set aside an arbitral shall show that even if the submission or
award is filed, the opposing party may file a arbitration agreement was entered into by a
petition for recognition and enforcement of the guardian or guardian ad litem, the latter was not
same award in opposition thereto. authorized by a competent court to sign such
the submission or arbitration agreement.
Rule 12.7. Contents of petition. - (A) Petition to
recognize and enforce. - The petition to In either case, if another court was previously
recognize and enforce or petition to set aside in requested to resolve and/or has resolved, on
opposition thereto, or petition to set aside or appeal, the arbitral tribunal’s preliminary
petition to recognize and enforce in opposition determination in favor of its own jurisdiction,
thereto, shall state the following: the petitioner shall apprise the court before
which the petition to recognize and enforce or
a. The addresses of record, or any change set aside is pending of the status of the appeal
thereof, of the parties to arbitration; or its resolution.
Rule 12.8. Notice. - Upon finding that the arbitral award may, where appropriate and
petition filed under this Rule is sufficient both in upon request by a party, suspend the
form and in substance, the court shall cause proceedings for a period of time determined by
notice and a copy of the petition to be delivered it to give the arbitral tribunal an opportunity to
to the respondent directing him to file an resume the arbitral proceedings or to take such
opposition thereto within fifteen (15) days from other action as in the arbitral tribunal’s opinion
receipt of the petition. In lieu of an opposition, will eliminate the grounds for setting aside. The
the respondent may file a petition to set aside in court, in referring the case back to the arbitral
opposition to a petition to recognize and tribunal may not direct it to revise its award in a
enforce, or a petition to recognize and enforce particular way, or to revise its findings of fact or
in opposition to a petition to set aside. conclusions of law or otherwise encroach upon
the independence of an arbitral tribunal in the
The petitioner may within fifteen (15) days from making of a final award.
receipt of the petition to set aside in opposition
to a petition to recognize and enforce, or from The court when asked to set aside an arbitral
receipt of the petition to recognize and enforce award may also, when the preliminary ruling of
in opposition to a petition to set aside, file a an arbitral tribunal affirming its jurisdiction to
reply. act on the matter before it had been appealed
by the party aggrieved by such preliminary
Rule 12.9. Submission of documents. - If the ruling to the court, suspend the proceedings to
court finds that the issue between the parties is set aside to await the ruling of the court on such
mainly one of law, the parties may be required pending appeal or, in the alternative,
to submit briefs of legal arguments, not more consolidate the proceedings to set aside with
than fifteen (15) days from receipt of the order, the earlier appeal.
sufficiently discussing the legal issues and the
legal basis for the relief prayed for by each of Rule 12.12. Presumption in favor of
them. confirmation. - It is presumed that an arbitral
award was made and released in due course
If the court finds from the petition or petition in and is subject to enforcement by the court,
opposition thereto that there are issues of fact unless the adverse party is able to establish a
relating to the ground(s) relied upon for the ground for setting aside or not enforcing an
court to set aside, it shall require the parties arbitral award.
within a period of not more than fifteen (15)
days from receipt of the order simultaneously to Rule 12.13. Judgment of the court. - Unless a
submit the affidavits of all of their witnesses ground to set aside an arbitral award under Rule
and reply affidavits within ten (10) days from 12.4 above is fully established, the court shall
receipt of the affidavits to be replied to. There dismiss the petition. If, in the same proceedings,
shall be attached to the affidavits or reply there is a petition to recognize and enforce the
affidavits, all documents relied upon in support arbitral award filed in opposition to the petition
of the statements of fact in such affidavits or to set aside, the court shall recognize and
reply affidavits. enforce the award.

Rule 12.10. Hearing. - If on the basis of the In resolving the petition or petition in
petition, the opposition, the affidavits and reply opposition thereto in accordance with the
affidavits of the parties, the court finds that Special ADR Rules, the court shall either set
there is a need to conduct an oral hearing, the aside or enforce the arbitral award. The court
court shall set the case for hearing. This case shall not disturb the arbitral tribunal’s
shall have preference over other cases before determination of facts and/or interpretation of
the court, except criminal cases. During the law.
hearing, the affidavits of witnesses shall take
the place of their direct testimonies and they Rule 12.14. Costs. - Unless otherwise agreed
shall immediately be subject to cross- upon by the parties in writing, at the time the
examination thereon. The court shall have full case is submitted to the court for decision, the
control over the proceedings in order to ensure party praying for recognition and enforcement
that the case is heard without undue delay. or setting aside of an arbitral award shall submit
a statement under oath confirming the costs he
Rule 12.11. Suspension of proceedings to set has incurred only in the proceedings for such
aside. - The court when asked to set aside an recognition and enforcement or setting aside.
The costs shall include the attorney’s fees the (i). A party to the arbitration agreement was
party has paid or is committed to pay to his under some incapacity; or the said agreement is
counsel of record. not valid under the law to which the parties
have subjected it or, failing any indication
The prevailing party shall be entitled to an thereof, under the law of the country where the
award of costs, which shall include reasonable award was made; or
attorney’s fees of the prevailing party against
the unsuccessful party. The court shall (ii). The party making the application was not
determine the reasonableness of the claim for given proper notice of the appointment of an
attorney’s fees. arbitrator or of the arbitral proceedings or was
otherwise unable to present his case; or
RULE 13: RECOGNITION AND ENFORCEMENT OF
A FOREIGN ARBITRAL AWARD (iii). The award deals with a dispute not
contemplated by or not falling within the terms
Rule 13.1. Who may request recognition and of the submission to arbitration, or contains
enforcement. - Any party to a foreign arbitration decisions on matters beyond the scope of the
may petition the court to recognize and enforce submission to arbitration; provided that, if the
a foreign arbitral award. decisions on matters submitted to arbitration
can be separated from those not so submitted,
Rule 13.2. When to petition. - At any time after only that part of the award which contains
receipt of a foreign arbitral award, any party to decisions on matters not submitted to
arbitration may petition the proper Regional arbitration may be set aside; or
Trial Court to recognize and enforce such award.
(iv). The composition of the arbitral tribunal or
Rule 13.3. Venue. - The petition to recognize the arbitral procedure was not in accordance
and enforce a foreign arbitral award shall be with the agreement of the parties or, failing
filed, at the option of the petitioner, with the such agreement, was not in accordance with the
Regional Trial Court (a) where the assets to be law of the country where arbitration took place;
attached or levied upon is located, (b) where or
the act to be enjoined is being performed, (c) in
the principal place of business in the Philippines (v). The award has not yet become binding on
of any of the parties, (d) if any of the parties is the parties or has been set aside or suspended
an individual, where any of those individuals by a court of the country in which that award
resides, or (e) in the National Capital Judicial was made; or
Region.
b. The court finds that:
Rule 13.4. Governing law and grounds to refuse
recognition and enforcement. - The recognition (i). The subject-matter of the dispute is not
and enforcement of a foreign arbitral award capable of settlement or resolution by
shall be governed by the 1958 New York arbitration under Philippine law; or
Convention on the Recognition and
Enforcement of Foreign Arbitral Awards (the (ii). The recognition or enforcement of the
"New York Convention") and this Rule. The court award would be contrary to public policy.
may, upon grounds of comity and reciprocity,
recognize and enforce a foreign arbitral award The court shall disregard any ground for
made in a country that is not a signatory to the opposing the recognition and enforcement of a
New York Convention as if it were a Convention foreign arbitral award other than those
Award. enumerated above.

A Philippine court shall not set aside a foreign Rule 13.5. Contents of petition. - The petition
arbitral award but may refuse it recognition and shall state the following:
enforcement on any or all of the following
grounds: a. The addresses of the parties to arbitration;

a. The party making the application to refuse b. In the absence of any indication in the award,
recognition and enforcement of the award the country where the arbitral award was made
furnishes proof that: and whether such country is a signatory to the
New York Convention; and
 Rule 13.9. Hearing. - The court shall set the case
c. The relief sought. for hearing if on the basis of the foregoing
submissions there is a need to do so. The court
Apart from other submissions, the petition shall shall give due priority to hearings on petitions
have attached to it the following: under this Rule. During the hearing, the
affidavits of witnesses shall take the place of
a. An authentic copy of the arbitration their direct testimonies and they shall
agreement; and immediately be subject to cross-examination.
The court shall have full control over the
b. An authentic copy of the arbitral award. proceedings in order to ensure that the case is
heard without undue delay.
If the foreign arbitral award or agreement to
arbitrate or submission is not made in English, Rule 13.10. Adjournment/deferment of decision
the petitioner shall also attach to the petition a on enforcement of award. - The court before
translation of these documents into English. The which a petition to recognize and enforce a
translation shall be certified by an official or foreign arbitral award is pending, may adjourn
sworn translator or by a diplomatic or consular or defer rendering a decision thereon if, in the
agent. meantime, an application for the setting aside
or suspension of the award has been made with
Rule 13.6. Notice and opposition. - Upon finding a competent authority in the country where the
that the petition filed under this Rule is award was made. Upon application of the
sufficient both in form and in substance, the petitioner, the court may also require the other
court shall cause notice and a copy of the party to give suitable security.
petition to be delivered to the respondent
allowing him to file an opposition thereto within Rule 13.11. Court action. - It is presumed that a
thirty (30) days from receipt of the notice and foreign arbitral award was made and released in
petition. due course of arbitration and is subject to
enforcement by the court.
Rule 13.7. Opposition. - The opposition shall be
verified by a person who has personal The court shall recognize and enforce a foreign
knowledge of the facts stated therein. arbitral award unless a ground to refuse
recognition or enforcement of the foreign
Rule 13.8. Submissions. - If the court finds that arbitral award under this rule is fully
the issue between the parties is mainly one of established.
law, the parties may be required to submit
briefs of legal arguments, not more than thirty The decision of the court recognizing and
(30) days from receipt of the order, sufficiently enforcing a foreign arbitral award is immediately
discussing the legal issues and the legal bases executory.
for the relief prayed for by each other.
In resolving the petition for recognition and
If, from a review of the petition or opposition, enforcement of a foreign arbitral award in
there are issues of fact relating to the ground/s accordance with these Special ADR Rules, the
relied upon for the court to refuse enforcement, court shall either [a] recognize and/or enforce
the court shall, motu proprio or upon request of or [b] refuse to recognize and enforce the
any party, require the parties to simultaneously arbitral award. The court shall not disturb the
submit the affidavits of all of their witnesses arbitral tribunal’s determination of facts and/or
within a period of not less than fifteen (15) days interpretation of law.
nor more than thirty (30) days from receipt of
the order. The court may, upon the request of Rule 13.12. Recognition and enforcement of
any party, allow the submission of reply non-convention award. - The court shall, only
affidavits within a period of not less than fifteen upon grounds provided by these Special ADR
(15) days nor more than thirty (30) days from Rules, recognize and enforce a foreign arbitral
receipt of the order granting said request. There award made in a country not a signatory to the
shall be attached to the affidavits or reply New York Convention when such country
affidavits all documents relied upon in support extends comity and reciprocity to awards made
of the statements of fact in such affidavits or in the Philippines. If that country does not
reply affidavits. extend comity and reciprocity to awards made
in the Philippines, the court may nevertheless
treat such award as a foreign judgment
enforceable as such under Rule 39, Section 48, a. Name and designate, as petitioner or
of the Rules of Court. respondent, all parties to the mediated
settlement agreement and those who may be
PART III affected by it;
PROVISIONS SPECIFIC TO MEDIATION
b. State the following:
RULE 14: GENERAL PROVISIONS
(i). The addresses of the petitioner and
Rule 14.1. Application of the rules on respondents; and
arbitration. - Whenever applicable and
appropriate, the pertinent rules on arbitration (ii). The ultimate facts that would show that the
shall be applied in proceedings before the court adverse party has defaulted to perform its
relative to a dispute subject to mediation. obligation under said agreement; and

RULE 15: DEPOSIT AND ENFORCEMENT OF c. Have attached to it the following:

MEDIATED SETTLEMENT AGREEMENTS
(i). An authentic copy of the mediated
Rule 15.1. Who makes a deposit. - Any party to settlement agreement; and
a mediation that is not court-annexed may
deposit with the court the written settlement (ii). Certificate of Deposit showing that the
agreement, which resulted from that mediation. mediated settlement agreement was deposited
with the Clerk of Court.
Rule 15.2. When deposit is made. - At any time
after an agreement is reached, the written Rule 15.7. Opposition. - The adverse party may
settlement agreement may be deposited. file an opposition, within fifteen (15) days from
receipt of notice or service of the petition, by
Rule 15.3. Venue. - The written settlement submitting written proof of compliance with the
agreement may be jointly deposited by the mediated settlement agreement or such other
parties or deposited by one party with prior affirmative or negative defenses it may have.
notice to the other party/ies with the Clerk of
Court of the Regional Trial Court (a) where the Rule 15.8. Court action. - After a summary
principal place of business in the Philippines of hearing, if the court finds that the agreement is
any of the parties is located; (b) if any of the a valid mediated settlement agreement, that
parties is an individual, where any of those there is no merit in any of the affirmative or
individuals resides; or (c) in the National Capital negative defenses raised, and the respondent
Judicial Region. has breached that agreement, in whole or in
part, the court shall order the enforcement
Rule 15.4. Registry Book. - The Clerk of Court of thereof; otherwise, it shall dismiss the petition.
each Regional Trial Court shall keep a Registry
Book that shall chronologically list or enroll all PART IV
the mediated settlement PROVISIONS SPECIFIC TO CONSTRUCTION
agreements/settlement awards that are ARBITRATION
deposited with the court as well as the names
and address of the parties thereto and the date RULE 16: GENERAL PROVISIONS
of enrollment and shall issue a Certificate of
Deposit to the party that made the deposit. Rule 16.1. Application of the rules on
arbitration. - Whenever applicable and
Rule 15.5. Enforcement of mediated settlement appropriate, the rules on arbitration shall be
agreement. - Any of the parties to a mediated applied in proceedings before the court relative
settlement agreement, which was deposited to a dispute subject to construction arbitration.
with the Clerk of Court of the Regional Trial
Court, may, upon breach thereof, file a verified RULE 17: REFERRAL TO CIAC
petition with the same court to enforce said
agreement. Rule 17.1. Dismissal of action. - A Regional Trial
Court before which a construction dispute is
Rule 15.6. Contents of petition. - The verified filed shall, upon becoming aware that the
petition shall: parties have entered into an arbitration
agreement, motu proprio or upon motion made involving a construction dispute. Otherwise, the
not later than the pre-trial, dismiss the case and court shall proceed to hear the case.
refer the parties to arbitration to be conducted
by the Construction Industry Arbitration All doubts shall be resolved in favor of the
Commission (CIAC), unless all parties to existence of a construction dispute and the
arbitration, assisted by their respective counsel, arbitration agreement.
submit to the court a written agreement making
the court, rather than the CIAC, the body that Rule 17.6. Referral immediately executory. - An
would exclusively resolve the dispute. order dismissing the case and referring the
dispute to arbitration by CIAC shall be
Rule 17.2. Form and contents of motion. - The immediately executory.
request for dismissal of the civil action and
referral to arbitration shall be through a verified Rule 17.7. Multiple actions and parties. - The
motion that shall (a) contain a statement court shall not decline to dismiss the civil action
showing that the dispute is a construction and make a referral to arbitration by CIAC for
dispute; and (b) be accompanied by proof of the any of the following reasons:
existence of the arbitration agreement.
a. Not all of the disputes subject of the civil
If the arbitration agreement or other document action may be referred to arbitration;
evidencing the existence of that agreement is
already part of the record, those documents b. Not all of the parties to the civil action are
need not be submitted to the court provided bound by the arbitration agreement and referral
that the movant has cited in the motion to arbitration would result in multiplicity of
particular references to the records where those suits;
documents may be found.
c. The issues raised in the civil action could be
The motion shall also contain a notice of speedily and efficiently resolved in its entirety
hearing addressed to all parties and shall specify by the Court rather than in arbitration;
the date and time when the motion will be
heard, which must not be later than fifteen (15) d. Referral to arbitration does not appear to be
days after the filing of the motion. The movant the most prudent action; or
shall ensure receipt by all parties of the motion
at least three days before the date of the e. Dismissal of the civil action would prejudice
hearing. the rights of the parties to the civil action who
are not bound by the arbitration agreement.
Rule 17.3. Opposition. - Upon receipt of the
motion to refer the dispute to arbitration by The court may, however, issue an order
CIAC, the other party may file an opposition to directing the inclusion in arbitration of those
the motion on or before the day such motion is parties who are bound by the arbitration
to be heard. The opposition shall clearly set agreement directly or by reference thereto
forth the reasons why the court should not pursuant to Section 34 of Republic Act No. 9285.
dismiss the case.
Furthermore, the court shall issue an order
Rule 17.4. Hearing. - The court shall hear the directing the case to proceed with respect to
motion only once and for the purpose of the parties not bound by the arbitration
clarifying relevant factual and legal issues. agreement.

Rule 17.5. Court action. - If the other parties fail Rule 17.8. Referral - If the parties manifest that
to file their opposition on or before the day of they have agreed to submit all or part of their
the hearing, the court shall motu proprio dispute pending with the court to arbitration by
resolve the motion only on the basis of the facts CIAC, the court shall refer them to CIAC for
alleged in the motion. arbitration.

After hearing, the court shall dismiss the civil PART V

action and refer the parties to arbitration if it PROVISIONS SPECIFIC TO OTHER FORMS OF ADR
finds, based on the pleadings and supporting
documents submitted by the parties, that there RULE 18: GENERAL PROVISIONS
is a valid and enforceable arbitration agreement
Rule 18.1. Applicability of rules to other forms Rule 19.1. Motion for reconsideration, when
of ADR. - This rule governs the procedure for allowed. - A party may ask the Regional Trial to
matters brought before the court involving the reconsider its ruling on the following:
following forms of ADR:
a. That the arbitration agreement is inexistent,
a. Early neutral evaluation; 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
f. Any other ADR form. measure of protection;

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

Rule 18.5. Submission of settlement agreement. l. Recognizing and/or enforcing, or dismissing a

- Either party may submit to the court, before petition to recognize and/or enforce an
which the case is pending, any settlement international commercial arbitral award;
agreement following a neutral or an early
neutral evaluation, mini-trial or mediation- m. Declining a request for assistance in taking
arbitration. evidence;

PART VI n. Adjourning or deferring a ruling on a petition

MOTION FOR RECONSIDERATION, APPEAL AND to set aside, recognize and/or enforce an
CERTIORARI international commercial arbitral award;

RULE 19: MOTION FOR RECONSIDERATION, o. Recognizing and/or enforcing a foreign

APPEAL AND CERTIORARI arbitral award, or refusing recognition and/or
enforcement of the same; and
A. MOTION FOR RECONSIDERATION
p. Granting or dismissing a petition to enforce a
deposited mediated settlement agreement.
 Consequently, a party to an arbitration is
No motion for reconsideration shall be allowed precluded from filing an appeal or a petition for
from the following rulings of the Regional Trial certiorari questioning the merits of an arbitral
Court: award.

a. A prima facie determination upholding the Rule 19.8. Subject matter and governing rules. -
existence, validity or enforceability of an The remedy of an appeal through a petition for
arbitration agreement pursuant to Rule 3.1 (A); review or the remedy of a special civil action of
certiorari from a decision of the Regional Trial
b. An order referring the dispute to arbitration; Court made under the Special ADR Rules shall
be allowed in the instances, and instituted only
c. An order appointing an arbitrator; in the manner, provided under this Rule.

d. Any ruling on the challenge to the Rule 19.9. Prohibited alternative remedies. -
appointment of an arbitrator; Where the remedies of appeal and certiorari are
specifically made available to a party under the
e. Any order resolving the issue of the Special ADR Rules, recourse to one remedy shall
termination of the mandate of an arbitrator; preclude recourse to the other.
and
Rule 19.10. Rule on judicial review on
f. An order granting assistance in taking arbitration in the Philippines. - As a general rule,
evidence. the court can only vacate or set aside the
decision of an arbitral tribunal upon a clear
Rule 19.2. When to move for reconsideration. - showing that the award suffers from any of the
A motion for reconsideration may be filed with infirmities or grounds for vacating an arbitral
the Regional Trial Court within a non-extendible award under Section 24 of Republic Act No. 876
period of fifteen (15) days from receipt of the or under Rule 34 of the Model Law in a
questioned ruling or order. domestic arbitration, or for setting aside an
award in an international arbitration under
Rule 19.3. Contents and notice. - The motion Article 34 of the Model Law, or for such other
shall be made in writing stating the ground or grounds provided under these Special Rules.
grounds therefor and shall be filed with the
court and served upon the other party or If the Regional Trial Court is asked to set aside
parties. an arbitral award in a domestic or international
arbitration on any ground other than those
Rule 19.4. Opposition or comment. - Upon provided in the Special ADR Rules, the court
receipt of the motion for reconsideration, the shall entertain such ground for the setting aside
other party or parties shall have a non- or non-recognition of the arbitral award only if
extendible period of fifteen (15) days to file his the same amounts to a violation of public policy.
opposition or comment.
The court shall not set aside or vacate the award
Rule 19.5. Resolution of motion. - A motion for of the arbitral tribunal merely on the ground
reconsideration shall be resolved within thirty that the arbitral tribunal committed errors of
(30) days from receipt of the opposition or fact, or of law, or of fact and law, as the court
comment or upon the expiration of the period cannot substitute its judgment for that of the
to file such opposition or comment. arbitral tribunal.

Rule 19.6. No second motion for Rule 19.11. Rule on judicial review of foreign
reconsideration. - No party shall be allowed a arbitral award. - The court can deny recognition
second motion for reconsideration. and enforcement of a foreign arbitral award
only upon the grounds provided in Article V of
B. GENERAL PROVISIONS ON APPEAL AND the New York Convention, but shall have no
CERTIORARI power to vacate or set aside a foreign arbitral
award.
Rule 19.7. No appeal or certiorari on the merits
of an arbitral award. - An agreement to refer a C. APPEALS TO THE COURT OF APPEALS
dispute to arbitration shall mean that the
arbitral award shall be final and binding.
Rule 19.12. Appeal to the Court of Appeals. - An Rule 19.15. How appeal taken. - Appeal shall be
appeal to the Court of Appeals through a taken by filing a verified petition for review in
petition for review under this Special Rule shall seven (7) legible copies with the Court of
only be allowed from the following final orders Appeals, with proof of service of a copy thereof
of the Regional Trial Court: on the adverse party and on the Regional Trial
Court. The original copy of the petition intended
a. Granting or denying an interim measure of for the Court of Appeals shall be marked original
protection; by the petitioner.

b. Denying a petition for appointment of an Upon the filing of the petition and unless
arbitrator; otherwise prescribed by the Court of Appeals,
the petitioner shall pay to the clerk of court of
c. Denying a petition for assistance in taking the Court of Appeals docketing fees and other
evidence; lawful fees of P3,500.00 and deposit the sum of
P500.00 for costs.
d. Enjoining or refusing to enjoin a person from
divulging confidential information; Exemption from payment of docket and other
lawful fees and the deposit for costs may be
e. Confirming, vacating or correcting/modifying granted by the Court of Appeals upon a verified
a domestic arbitral award; motion setting forth valid grounds therefor. If
the Court of Appeals denies the motion, the
f. Setting aside an international commercial petitioner shall pay the docketing and other
arbitration award; lawful fees and deposit for costs within fifteen
days from the notice of the denial.
g. Dismissing the petition to set aside an
international commercial arbitration award even Rule 19.16. Contents of the Petition. - The
if the court does not decide to recognize or petition for review shall (a) state the full names
enforce such award; of the parties to the case, without impleading
the court or agencies either as petitioners or
h. Recognizing and/or enforcing an international respondent, (b) contain a concise statement of
commercial arbitration award; the facts and issues involved and the grounds
relied upon for the review, (c) be accompanied
i. Dismissing a petition to enforce an by a clearly legible duplicate original or a
international commercial arbitration award; certified true copy of the decision or resolution
of the Regional Trial Court appealed from,
j. Recognizing and/or enforcing a foreign arbitral together with certified true copies of such
award; material portions of the record referred to
therein and other supporting papers, and (d)
k. Refusing recognition and/or enforcement of a contain a sworn certification against forum
foreign arbitral award; shopping as provided in the Rules of Court. The
petition shall state the specific material dates
l. Granting or dismissing a petition to enforce a showing that it was filed within the period fixed
deposited mediated settlement agreement; and herein.

m. Reversing the ruling of the arbitral tribunal Rule 19.17. Effect of failure to comply with
upholding its jurisdiction. requirements. - The court shall dismiss the
petition if it fails to comply with the foregoing
Rule 19.13. Where to appeal. - An appeal under requirements regarding the payment of the
this Rule shall be taken to the Court of Appeals docket and other lawful fees, the deposit for
within the period and in the manner herein costs, proof of service of the petition, the
provided. contents and the documents, which should
accompany the petition.
Rule 19.14. When to appeal. - The petition for
review shall be filed within fifteen (15) days Rule 19.18. Action on the petition. - The Court
from notice of the decision of the Regional Trial of Appeals may require the respondent to file a
Court or the denial of the petitioner’s motion comment on the petition, not a motion to
for reconsideration. dismiss, within ten (10) days from notice, or
dismiss the petition if it finds, upon
consideration of the grounds alleged and the
legal briefs submitted by the parties, that the The Court of Appeals shall render judgment
petition does not appear to be prima facie within sixty (60) days from the time the case is
meritorious. submitted for decision.

Rule 19.19. Contents of Comment. - The Rule 19.24. Subject of appeal restricted in
comment shall be filed within ten (10) days certain instance. - If the decision of the Regional
from notice in seven (7) legible copies and Trial Court refusing to recognize and/or enforce,
accompanied by clearly legible certified true vacating and/or setting aside an arbitral award is
copies of such material portions of the record premised on a finding of fact, the Court of
referred to therein together with other Appeals may inquire only into such fact to
supporting papers. The comment shall (a) point determine the existence or non-existence of the
out insufficiencies or inaccuracies in petitioner’s specific ground under the arbitration laws of the
statement of facts and issues, and (b) state the Philippines relied upon by the Regional Trial
reasons why the petition should be denied or Court to refuse to recognize and/or enforce,
dismissed. A copy thereof shall be served on the vacate and/or set aside an award. Any such
petitioner, and proof of such service shall be inquiry into a question of fact shall not be
filed with the Court of Appeals. resorted to for the purpose of substituting the
court’s judgment for that of the arbitral tribunal
Rule 19.20. Due course. - If upon the filing of a as regards the latter’s ruling on the merits of the
comment or such other pleading or documents controversy.
as may be required or allowed by the Court of
Appeals or upon the expiration of the period for Rule 19.25. Party appealing decision of court
the filing thereof, and on the basis of the confirming arbitral award required to post bond.
petition or the records, the Court of Appeals - The Court of Appeals shall within fifteen (15)
finds prima facie that the Regional Trial Court days from receipt of the petition require the
has committed an error that would warrant party appealing from the decision or a final
reversal or modification of the judgment, final order of the Regional Trial Court, either
order, or resolution sought to be reviewed, it confirming or enforcing an arbitral award, or
may give due course to the petition; otherwise, denying a petition to set aside or vacate the
it shall dismiss the same. arbitral award to post a bond executed in favor
of the prevailing party equal to the amount of
Rule 19.21. Transmittal of records. - Within the award.
fifteen (15) days from notice that the petition
has been given due course, the Court of Appeals Failure of the petitioner to post such bond shall
may require the court or agency concerned to be a ground for the Court of Appeals to dismiss
transmit the original or a legible certified true the petition.
copy of the entire record of the proceeding
under review. The record to be transmitted may D. SPECIAL CIVIL ACTION FOR CERTIORARI
be abridged by agreement of all parties to the
proceeding. The Court of Appeals may require Rule 19.26. Certiorari to the Court of Appeals. -
or permit subsequent correction of or addition When the Regional Trial Court, in making a
to the record. ruling under the Special ADR Rules, has acted
without or in excess of its jurisdiction, or with
Rule 19.22. Effect of appeal. - The appeal shall grave abuse of discretion amounting to lack or
not stay the award, judgment, final order or excess of jurisdiction, and there is no appeal or
resolution sought to be reviewed unless the any plain, speedy, and adequate remedy in the
Court of Appeals directs otherwise upon such ordinary course of law, a party may file a special
terms as it may deem just. civil action for certiorari to annul or set aside a
ruling of the Regional Trial Court.
Rule 19.23. Submission for decision. - If the
petition is given due course, the Court of A special civil action for certiorari may be filed
Appeals may set the case for oral argument or against the following orders of the court.
require the parties to submit memoranda within
a period of fifteen (15) days from notice. The a. Holding that the arbitration agreement is
case shall be deemed submitted for decision inexistent, invalid or unenforceable;
upon the filing of the last pleading or
memorandum required by the Court of Appeals.
b. Reversing the arbitral tribunal’s preliminary aside. No extension of time to file the petition
determination upholding its jurisdiction; shall be allowed.

c. Denying the request to refer the dispute to Rule 19.29. Arbitral tribunal a nominal party in
arbitration; the petition. - The arbitral tribunal shall only be
a nominal party in the petition for certiorari. As
d. Granting or refusing an interim relief; nominal party, the arbitral tribunal shall not be
required to submit any pleadings or written
e. Denying a petition for the appointment of an submissions to the court. The arbitral tribunal or
arbitrator; an arbitrator may, however, submit such
pleadings or written submissions if the same
f. Confirming, vacating or correcting a domestic serves the interest of justice.
arbitral award;
In petitions relating to the recognition and
g. Suspending the proceedings to set aside an enforcement of a foreign arbitral award, the
international commercial arbitral award and arbitral tribunal shall not be included even as a
referring the case back to the arbitral tribunal; nominal party. However, the tribunal may be
notified of the proceedings and furnished with
h. Allowing a party to enforce an international court processes.
commercial arbitral award pending appeal;
Rule 19.30. Court to dismiss petition. - The court
i. Adjourning or deferring a ruling on whether to shall dismiss the petition if it fails to comply
set aside, recognize and or enforce an with Rules 19.27 and 19.28 above, or upon
international commercial arbitral award; consideration of the ground alleged and the
legal briefs submitted by the parties, the
j. Allowing a party to enforce a foreign arbitral petition does not appear to be prima facie
award pending appeal; and meritorious.

k. Denying a petition for assistance in taking Rule 19.31. Order to comment. - If the petition
evidence. is sufficient in form and substance to justify such
process, the Court of Appeals shall immediately
Rule 19.27. Form. - The petition shall be issue an order requiring the respondent or
accompanied by a certified true copy of the respondents to comment on the petition within
questioned judgment, order or resolution of the a non-extendible period of fifteen (15) days
Regional Trial Court, copies of all pleadings and from receipt of a copy thereof. Such order shall
documents relevant and pertinent thereto, and be served on the respondents in such manner
a sworn certification of non-forum shopping as as the court may direct, together with a copy of
provided in the Rules of Court. the petition and any annexes thereto.

Upon the filing of the petition and unless Rule 19.32. Arbitration may continue despite
otherwise prescribed by the Court of Appeals, petition for certiorari. - A petition for certiorari
the petitioner shall pay to the clerk of court of to the court from the action of the appointing
the Court of Appeals docketing fees and other authority or the arbitral tribunal allowed under
lawful fees of P3,500.00 and deposit the sum of this Rule shall not prevent the arbitral tribunal
P500.00 for costs. Exemption from payment of from continuing the proceedings and rendering
docket and other lawful fees and the deposit for its award. Should the arbitral tribunal continue
costs may be granted by the Court of Appeals with the proceedings, the arbitral proceedings
upon a verified motion setting forth valid and any award rendered therein will be subject
grounds therefor. If the Court of Appeals denies to the final outcome of the pending petition for
the motion, the petitioner shall pay the certiorari.
docketing and other lawful fees and deposit for
costs within fifteen days from the notice of the Rule 19.33. Prohibition against injunctions. - The
denial. Court of Appeals shall not, during the pendency
of the proceedings before it, prohibit or enjoin
Rule 19.28. When to file petition. - The petition the commencement of arbitration, the
must be filed with the Court of Appeals within constitution of the arbitral tribunal, or the
fifteen (15) days from notice of the judgment, continuation of arbitration.
order or resolution sought to be annulled or set
Rule 19.34. Proceedings after comment is filed. - grounds for review or be closely analogous
After the comment is filed, or the time for the thereto.
filing thereof has expired, the court shall render
judgment granting the relief prayed for or to A mere general allegation that the Court of
which the petitioner is entitled, or denying the Appeals has committed serious and substantial
same, within a non-extendible period of fifteen error or that it has acted with grave abuse of
(15) days. discretion resulting in substantial prejudice to
the petitioner without indicating with specificity
Rule 19.35. Service and enforcement of order or the nature of such error or abuse of discretion
judgment. - A certified copy of the judgment and the serious prejudice suffered by the
rendered in accordance with the last preceding petitioner on account thereof, shall constitute
section shall be served upon the Regional Trial sufficient ground for the Supreme Court to
Court concerned in such manner as the Court of 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
E. APPEAL BY CERTIORARI TO THE SUPREME from a judgment or final order or resolution of
COURT the Court of Appeals issued pursuant to these
Special ADR Rules may file with the Supreme
Rule 19.36. Review discretionary. - A review by Court a verified petition for review on certiorari.
the Supreme Court is not a matter of right, but The petition shall raise only questions of law,
of sound judicial discretion, which will be which must be distinctly set forth.
granted only for serious and compelling reasons
resulting in grave prejudice to the aggrieved Rule 19.38. Time for filing; extension. - The
party. The following, while neither controlling petition shall be filed within fifteen (15) days
nor fully measuring the court's discretion, from notice of the judgment or final order or
indicate the serious and compelling, and resolution appealed from, or of the denial of the
necessarily, restrictive nature of the grounds petitioner's motion for new trial or
that will warrant the exercise of the Supreme reconsideration filed in due time after notice of
Court’s discretionary powers, when the Court of the judgment.
Appeals:
On motion duly filed and served, with full
a. Failed to apply the applicable standard or test payment of the docket and other lawful fees
for judicial review prescribed in these Special and the deposit for costs before the expiration
ADR Rules in arriving at its decision resulting in of the reglementary period, the Supreme Court
substantial prejudice to the aggrieved party; may for justifiable reasons grant an extension of
thirty (30) days only within which to file the
b. Erred in upholding a final order or decision petition.
despite the lack of jurisdiction of the court that
rendered such final order or decision; Rule 19.39. Docket and other lawful fees; proof
of service of petition. - Unless he has
c. Failed to apply any provision, principle, policy theretofore done so or unless the Supreme
or rule contained in these Special ADR Rules Court orders otherwise, the petitioner shall pay
resulting in substantial prejudice to the docket and other lawful fees to the clerk of
aggrieved party; and court of the Supreme Court of P3,500.00 and
deposit the amount of P500.00 for costs at the
d. Committed an error so egregious and harmful time of the filing of the petition. Proof of service
to a party as to amount to an undeniable excess of a copy thereof on the lower court concerned
of jurisdiction. and on the adverse party shall be submitted
together with the petition.
The mere fact that the petitioner disagrees with
the Court of Appeals’ determination of Rule 19.40. Contents of petition. - The petition
questions of fact, of law or both questions of shall be filed in eighteen (18) copies, with the
fact and law, shall not warrant the exercise of original copy intended for the court being
the Supreme Court’s discretionary power. The indicated as such by the petitioner, and shall (a)
error imputed to the Court of Appeals must be state the full name of the appealing party as the
grounded upon any of the above prescribed petitioner and the adverse party as respondent,
without impleading the lower courts or judges
thereof either as petitioners or respondents; (b) PhP 20,000.00 - if the award does not exceed
indicate the material dates showing when PhP 20,000,000.00
notice of the judgment or final order or
resolution subject thereof was received, when a PhP 30,000.00 - if the award does not exceed
motion for new trial or reconsideration, if any, PhP 50,000,000.00
was filed and when notice of the denial thereof
was received; (c) set forth concisely a statement PhP 40,000.00 - if the award does not exceed
of the matters involved, and the reasons or PhP 100,000,000.00
arguments relied on for the allowance of the
petition; (d) be accompanied by a clearly legible PhP 50,000.00 - if the award exceeds PhP
duplicate original, or a certified true copy of the 100,000,000.00
judgment or final order or resolution certified
by the clerk of court of the court a quo and the The minimal filing fee payable in "all other
requisite number of plain copies thereof, and actions not involving property" shall be paid by
such material portions of the record as would the petitioner seeking to enforce foreign arbitral
support the petition; and (e) contain a sworn awards under the New York Convention in the
certification against forum shopping. Philippines.

Rule 19.41. Dismissal or denial of petition. - The Rule 20.2. Filing fee for action to enforce as a
failure of the petitioner to comply with any of counter-petition. - A petition to enforce an
the foregoing requirements regarding the arbitral award in a domestic arbitration or in an
payment of the docket and other lawful fees, international commercial arbitration submitted
deposit for costs, proof of service of the as a petition to enforce and/or recognize an
petition, and the contents of and the award in opposition to a timely petition to
documents which should accompany the vacate or set aside the arbitral award shall
petition shall be sufficient ground for the require the payment of the filing fees prescribed
dismissal thereof. in Rule 20.1 above.

The Supreme Court may on its own initiative Rule 20.3. Deposit fee for mediated settlement
deny the petition on the ground that the appeal agreements. - Any party to a mediated
is without merit, or is prosecuted manifestly for settlement agreement who deposits it with the
delay, or that the questions raised therein are clerk of court shall pay a deposit fee of P500.00.
too insubstantial to require consideration.
Rule 20.4. Filing fee for other proceedings. - The
Rule 19.42. Due course; elevation of records. - If filing fee for the filing of any other proceedings,
the petition is given due course, the Supreme including applications for interim relief, as
Court may require the elevation of the complete authorized under these Special Rules not
record of the case or specified parts thereof covered under any of the foregoing provisions,
within fifteen (15) days from notice. shall be P10,000.00.

PART VII RULE 21: COSTS

FINAL PROVISIONS
Rule 21.1. Costs. - The costs of the ADR
RULE 20: FILING AND DEPOSIT FEES proceedings shall be borne by the parties
equally unless otherwise agreed upon or
Rule 20.1. Filing fee in petitions or counter- directed by the arbitrator or arbitral tribunal.
petitions to confirm or enforce, vacate or set
aside arbitral award or for the enforcement of a Rule 21.2. On the dismissal of a petition against
mediated settlement agreement. - The filing fee a ruling of the arbitral tribunal on a preliminary
for filing a petition to confirm or enforce, vacate question upholding its jurisdiction. - If the
or set aside an arbitral award in a domestic Regional Trial Court dismisses the petition
arbitration or in an international commercial against the ruling of the arbitral tribunal on a
arbitration, or enforce a mediated settlement preliminary question upholding its jurisdiction,
agreement shall be as follows: it shall also order the petitioner to pay the
respondent all reasonable costs and expenses
PhP 10,000.00 - if the award does not exceed incurred in opposing the petition. "Costs" shall
PhP 1,000,000.00 include reasonable attorney’s fees. The court
shall award costs upon application of the
respondent after the petition is denied and the determine the reasonableness of the claim for
court finds, based on proof submitted by 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
Rule 21.3. On recognition and enforcement of a Philippines, its agencies and instrumentalities
foreign arbitral award. - At the time the case is are exempt from paying legal fees provided in
submitted to the court for decision, the party these Special ADR Rules. Local governments and
praying for recognition and enforcement of a government controlled corporation with or with
foreign arbitral award shall submit a statement or without independent charters are not
under oath confirming the costs he has incurred exempt from paying such fees.
only in the proceedings in the Philippines for
such recognition and enforcement or setting- RULE 22: APPLICABILITY OF THE RULES OF
aside. The costs shall include attorney’s fees the COURT
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
The prevailing party shall be entitled to an applicable to the proceedings enumerated in
award of costs which shall include the Rule 1.1 of these Special ADR Rules have either
reasonable attorney’s fees of the prevailing been included and incorporated in these Special
party against the unsuccessful party. The court ADR Rules or specifically referred to herein.
shall determine the reasonableness of the claim
for attorney’s fees. In connection with the above proceedings, the
Rules of Evidence shall be liberally construed to
Rule 21.4. Costs. - At the time the case is achieve the objectives of the Special ADR Rules.
submitted to the court for decision, the party
praying for confirmation or vacation of an RULE 23: SEPARABILITY
arbitral award shall submit a statement under
oath confirming the costs he has incurred only Rule 23.1. Separability Clause. - If, for any
in the proceedings for confirmation or vacation reason, any part of the Special ADR Rules shall
of an arbitral award. The costs shall include the be held unconstitutional or invalid, other Rules
attorney’s fees the party has paid or is or provisions hereof which are not affected
committed to pay to his counsel of record. thereby, shall continue to be in full force and
effect.
The prevailing party shall be entitled to an
award of costs with respect to the proceedings RULE 24: TRANSITORY PROVISIONS
before the court, which shall include the
reasonable attorney’s fees of the prevailing Rule 24.1. Transitory Provision. - Considering its
party against the unsuccessful party. The court procedural character, the Special ADR Rules
shall determine the reasonableness of the claim shall be applicable to all pending arbitration,
for attorney’s fees. mediation or other ADR forms covered by the
ADR Act, unless the parties agree otherwise.
Rule 21.5. Bill of Costs. - Unless otherwise The Special ADR Rules, however, may not
agreed upon by the parties in writing, at the prejudice or impair vested rights in accordance
time the case is submitted to the court for with law.
decision, the party praying for recognition and
enforcement or for setting aside an arbitral RULE 25: ONLINE DISPUTE RESOLUTION
award shall submit a statement under oath
confirming the costs he has incurred only in the Rule 25.1. Applicability of the Special ADR Rules
proceedings for such recognition and to Online Dispute Resolution. - Whenever
enforcement or setting-aside. The costs shall applicable and appropriate, the Special ADR
include attorney’s fees the party has paid or is Rules shall govern the procedure for matters
committed to pay to his counsel of record. brought before the court involving Online
Dispute Resolution.
The prevailing party shall be entitled to an
award of costs, which shall include reasonable Rule 25.2. Scope of Online Dispute Resolution. -
attorney’s fees of the prevailing party against Online Dispute Resolution shall refer to all
the unsuccessful party. The court shall electronic forms of ADR including the use of the
internet and other web or computed based for interim relief against any such action of the
technologies for facilitating ADR. lender. Such interim relief may be obtained only
in a special proceeding for that purpose, against
RULE 26: EFFECTIVITY the action taken by the lender against the
collateral, pending the constitution of the
Rule 26.1. Effectivity. - The Special ADR Rules arbitral tribunal. Any determination made by
shall take effect fifteen (15) days after its the court in that special proceeding pertaining
complete publication in two (2) newspapers of to the merits of the controversy, including the
general circulation. right of the lender to proceed against the
collateral, shall be only provisional in nature.

After the arbitral tribunal is constituted, the

RULE A: GUIDELINES FOR THE RESOLUTION OF court shall stay its proceedings and defer to the
ISSUES RELATED TO ARBITRATION OF LOANS jurisdiction of the arbitral tribunal over the
SECURED BY COLLATERAL entire controversy including any question
regarding the right of the lender to proceed
Rule A.1. Applicability of an arbitration against the collateral.
agreement in a contract of loan applies to the
accessory contract securing the loan. - An Rule A.4. Remedy of borrower against action
arbitration agreement in a contract of loan taken by the lender against the collateral after
extends to and covers the accessory contract the arbitral tribunal has been constituted. -
securing the loan such as a pledge or a After the arbitral tribunal is constituted, the
mortgage executed by the borrower in favor of borrower providing security for the payment of
the lender under that contract of loan. his loan who is aggrieved by the action taken by
the lender against the collateral securing the
Rule A.2. Foreclosure of pledge or extra-judicial loan may apply to the arbitral tribunal for relief,
foreclosure of mortgage not precluded by including a claim for damages, against such
arbitration. - The commencement of the arbitral action of the lender. An application to the court
proceeding under the contract of loan may also be made by the borrower against any
containing an arbitration agreement shall not action taken by the lender against the collateral
preclude the lender from availing himself of the securing the loan but only if the arbitral tribunal
right to obtain satisfaction of the loan under the cannot act effectively to prevent an irreparable
accessory contract by foreclosure of the thing injury to the rights of such borrower during the
pledged or by extra-judicial foreclosure of the pendency of the arbitral proceeding.
collateral under the real estate mortgage in
accordance with Act No. 3135. An arbitration agreement in a contract of loan
precludes the borrower therein providing
The lender may likewise institute foreclosure security for the loan from filing and/or
proceedings against the collateral securing the proceeding with any action in court to prevent
loan prior to the commencement of the arbitral the lender from foreclosing the pledge or extra-
proceeding. judicially foreclosing the mortgage. If any such
action is filed in court, the lender shall have the
By agreeing to refer any dispute under the right provided in the Special ADR Rules to have
contract of loan to arbitration, the lender who is such action stayed on account of the arbitration
secured by an accessory contract of real estate agreement.
mortgage shall be deemed to have waived his
right to obtain satisfaction of the loan by judicial Rule A.5. Relief that may be granted by the
foreclosure. arbitral tribunal. - The arbitral tribunal, in aid of
the arbitral proceeding before it, may upon
Rule A.3. Remedy of the borrower against an submission of adequate security, suspend or
action taken by the lender against the collateral enjoin the lender from proceeding against the
before the constitution of the arbitral tribunal. - collateral securing the loan pending final
The borrower providing security for the determination by the arbitral tribunal of the
payment of his loan who is aggrieved by the dispute brought to it for decision under such
action taken by the lender against the collateral contract of loan.
securing the loan may, if such action against the
collateral is taken before the arbitral tribunal is The arbitral tribunal shall have the authority to
constituted, apply with the appropriate court resolve the issue of the validity of the
foreclosure of the thing pledged or of the designate the same arbitrator; and a third
extrajudicial foreclosure of the collateral under arbitrator who shall serve as the chairperson of
the real estate mortgage if the same has not yet the arbitral panel to be designated by the two
been foreclosed or confirm the validity of such party-designated arbitrator
foreclosure if made before the rendition of the
arbitral award and had not been enjoined.

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 accessory contract, either directly
or by reference, to be bound by such arbitration
agreement.

Unless otherwise expressly agreed upon by the

third-party securing the loan, his agreement to
be bound by the arbitration agreement in the
contract of loan shall pertain to disputes arising
from or in connection with the relationship
between the lender and the borrower as well as
the relationship between the lender and such
third-party including the right of the lender to
proceed against the collateral securing the loan,
but shall exclude disputes pertaining to the
relationship exclusively between the borrower
and the provider of security such as that
involving a claim by the provider of security for
indemnification against the borrower.

In this multi-party arbitration among the lender,

the borrower and the third party securing the
loan, the parties may agree to submit to
arbitration before a sole arbitrator or a panel of
three arbitrators to be appointed either by an
Appointing Authority designated by the parties
in the arbitration agreement or by a default
Appointing Authority under the law.

In default of an agreement on the manner of

appointing arbitrators or of constituting the
arbitral tribunal in such multi-party arbitration,
the dispute shall be resolved by a panel of three
arbitrators to be designated by the Appointing
Authority under the law. But even in default of
an agreement on the manner of appointing an
arbitrator or constituting an arbitral tribunal in a
multi-party arbitration, if the borrower and the
third party securing the loan agree to designate
a common arbitrator, arbitration shall be
decided by a panel of three arbitrators: one to
be designated by the lender; the other to be
designated jointly by the borrower and the
provider of security who have agreed to