Host 1&2: Good Morning Pilipinas!

Today is Sunday December 13, 2020 and it is another time for “The
ADR Show!”
Host 1: My name is Kakanin Davilla and today we will be discussing another topic on ADR that is
related to Rules of Court. That’s right mga kababayan! This is actually an exciting topic for me since not
all people knows something about the court rules on ADR and to help me and our viewers to understand
this topic let us all welcome our guest for this morning, Atty. Bobo Gadot!.
(round of applause sound effects)
GADOT: Good Morning Ms Kakanin Davila and to all our viewers. Thank you for having me here.
KAKANIN: Now Mr. Gadot, tell me how does the rules of procedure for court proceedings apply on
ADR?
GADOT: what an easy quesiton Ms. Kakanin, as a general rule the rules of procedure for court
proceedings relative to arbitration are also applicable to mediation, to a dispute subject to construction
arbitration and to other forms of ADR if more akin to arbitration than mediation, whenever
appropriate or are not inconsistent with the specific rules.

In fact when we talk about mediation and court procedure, it means we are talking about Rules 14 to 15
of the Special ADR Rules which governs the situation where the parties to mediation entered
into and executed written mediated settlement agreements and parties may require (1). Deposit of
mediated settlement agreements; (2). Enforcement of the mediated settlement agreements. Just
keep in mind that these rules do not cover mediated settlement agreements or compromise
agreements arrived at in court-annexed mediation where the agreement is subject to the approval
of the court and is made part of the judgement based on compromise. Understand hmmm? Wag
kang ( show the card that says “BOBO”)
KAKANIN: Alright thank you for that super long intro Mr. Bobo Gadot. Now, you mentioned
earlier something about Deposit of mediated settlement agreement. How does that work? Who
can make it and what for?

GADOT: ok, you listen to me so that youre not gonna be like this (show the “bobo card”) ok?
Now, in order for the mediated settlement to be enforceable by judicial action, it must be
deposited with the proper Clerk of Court of the RTC.

At any time after a mediated settlement agreement has been reached in a proceeding which
is not court annexed the agreement may be deposited by the parties jointly or by one of
them with notice to the other with the COC of the RTC.

The clerk of every RTC is required to keep a registry book wherein to list or enroll
chronologically all the mediated settlement agreements or settlement awards that are
deposited with the court. He shall issue a certificate of deposit to the party making the
deposit.

Now, if they are not like this (show the bobo card) Any parties to a mediated settlement
agreement, which was deposited, upon breach, file a verified petition to enforce the
agreement with the court where the agreement was deposited. If the agreement has not
been deposited, the petitioner has to deposit the agreement first before the filing the
petition in court.

The petition should contain an authentic copy of the mediated settlement agreement and
the certificate of deposit ok?

The adverse party may file an opposition to the petition within 15days from receipt of
notice or the service of petition.

The court shall conduct a summary hearing to determine whether or not the mediated
settlement agreement is valid and the respondent has breached the agreement in whole or
in part, and render judgment accordingly by either enforcing the agreement or dismissing
the petition.
.

KAKANIN: wow Mr. Bobo, that is very informative specially to our audience right now. But
what if im a party to a mediated settlement and I want to file the petition the RTC, what should I
put on such petition? And may an adverse party may oppose on such petition?

GADOT: OMG KAKANIN, what a basic question! Of course you need to put

- a. Name and designate, as petitioner or respondent, all parties to the mediated

settlement agreement and those who may be affected by it;

- b. State the following:

- (i). The addresses of the petitioner and respondents; and

- (ii). The ultimate facts that would show that the adverse party has defaulted to
perform its obligation under said agreement; and

- c. Have attached to it the following:

- (i). An authentic copy of the mediated settlement agreement; and

- (ii). Certificate of Deposit showing that the mediated settlement agreement was
deposited with the Clerk of Court

And just so you know, an adverse party may file an opposition to the petition within 15 days
from receipt of notice or the service of the petition, by submitting written proof of compliance
with the mediated settlement agreement or such other affirmative or negative defenses it may
have.

KAKANIN: Now after I file the petition will the court automatically grant it?
GADOT: of courtse not KAKANIN wag kang ( Show bobo card ).The court shall conduct a
summary hearing to determine whether or not the mediated settlement agreement is valid and the
respondent has breached the agreement in whole or in part, and render judgement accordingly by
either enforcing the agreement or dismissing the petition.

KAKANIN: wow! That was an enlightening discussion no? but before we continue this let have
a commercial break.

(COMMERCIAL)

(this show is brought to you by: Gadon campaign jingle show poster)

KAKANIN: and we are back mga kababayan. Now before we continue our discussion with Atty.
Bobo Gadot. We have here on our show 2 award winning actresses who have been in family and
Business conflict for a decade now. They are willing to make a truce during our show to ask
Atty. Bobo Gadot questions on how to file an appeal against each other if their on going case did
not go on their favor. Please welcome Grechen “pouting” Barreto and Marjorie “Chubby”
Barreto!

MARJORIE: thank you for having me here Ms. Kakanin although im not that happy that the
“pouting girl” is also here.

GRETCHENG: Thanks for having me here Kakanin, although I think I need to disinfect my
screen after this interview kasi Marjorie over there is I think much worse than
KAKANIN: alright, now Gretchen let me hear your side of the story first.

GRETCHEN: alright. You all know that my husband Tony Boy is very rich right? You know my
Tony and I are the owners of ITUBE5 right. Now me and my very rich husband entered into a
licensing agreement with JAPAN global which was owned by the Chubby girl over there and her
husband Atong Angkong. under the agreement ITUBE5 was granted the exclusive license to
distribute and sublicense the distribution of the television service known as "The Filipino Channel"
(TFC) in Japan. Because of that, our very susyal TV company undertook to transmit the TFC
programming signals to them which they received through its decoders and distributed to its
subscribers. However, because “traitor” is imbedded in the blood of that woman we discovered that
they are inserting nine episodes of Japan Global Mushimushi morning program for Filipinos in Japan
without our approval. So of course, we notified them that we would like to terminate our agreement

KAKANIN: now tell us your story Marjorie

MARJORIE: Thank you again Karen for having me here, now just so you know and to clear the air
we did not do it without their permission ok? But since the would not listen to reasons we filed an
arbitration suit pursuant to the arbitration clause of its agreement with petitioner. An arbitrator was
appointed and he ruled in our favor. However, since they have a black heart and a hard head they
still do not agree on the artbitrators ruling. ITUBE5 filed in the CA a petition for review under Rule 43
of the Rules of Court or, in the alternative, a petition for certiorari under Rule 65 of the same Rules,
with application for temporary restraining order and writ of preliminary injunction. In return we filed a
petition for confirmation of arbitral award before the Regional Trial Court (RTC) of Quezon City. RTC
rule in our favor! Huh! You know because we are right all along.

KAKANIN: wow that’s interesting! Now lets go back to Atty. Bobo to ask him questions on
your next steps.

GADOT: MY GOSH KAKANIN. Why did you put me in this kind of situation? You know how
legendary the barretos Sisters conflict is! Tsk tsk. Anyway just so they know, and don’t slap me
just because I answered the questions ok, remedies available to parties for challenging the orders,
decisions or judgments rendered by the RTC on matters relating to ADR. These general
remedies are:

1. MR
2. Appeals to CA
3. SCA for certiorari
4. Appeal by certiorari to SC
However on your case, one of you is a party aggrieved by a domestic award. Therefore you may:

1. A petition in the proper RTC to issue an order to vacate the award on the
grounds provided for in Section 24 of RA876;
2. A petition for review in CA under rule 43 of ROC on questions of fact, of law or
mixed questions of fact and law; and
3. A petition for certiorari under rule 65 of ROC should the arbitrator have acted
without or in excess of his jurisdiction or with grave abuse of discretion
 amounting to lack or excess of jurisdiction.

GRETCHEN: now Atty. BOBO what if me and my very rich husband Tony Boy didnt like the ruling of
the RTC, and the findings or conclusions of the judgment or final order of that court are not
supported by evidence. What should be do?

ATTY. GADOT:

You know Gretchen you are so pretty but sometimes you are ( show BOBO card). But since im very
generous I will tell you the answer . A Motion for Reconsideration under rule37 of ROC may be filed on
the grounds that the findings or conclusions of the judgment or final order are not supported by evidence;
more so are contrary to law.
A party aggrieved by a ruling of the RTC in an ADR related proceeding, may file with the same
RTC in an ADR related proceeding, may file with the same RTC, MR from the following orders or
rulings within 15days from receipt of:

1. The arbitration agreement is inexistent, invalid or unenforceable;

2. Upholding or reversing the tribunal’s jurisdiction;
3. Denying a request to refer the parties to arbitration;
4. Granting or denying a party an interim measure of protection;
5. Denying a petition for the appointment of an arbitrator;
6. Refusing to grant an assistance in taking evidence;
7. Enjoining or refusing to enjoin a person from divulging confidential information;
8. Confirming, vacating or correcting a domestic arbitral award;
9. Suspending the proceedings to set aside an ICA award and referring the case back to the
arbitral tribunal;
10. Setting aside an ICA award;
11. Dismissing the petition to set aside an ICA award even if the court does not recognize and/or
enforce the same;
12. Recognizing and/or enforcing, or dismissing a petition to recognize and/or enforce an ICA award;
13. Declining a request for assistance in taking evidence;
14. Adjourning or deferring in a ruling on a petition to set aside, recognize and/or enforce an
ICA award;
15. Recognizing and/or enforcing a foreign arbitral award or refusing recognition and/or
enforcement of the same; and
16. Granting or dismissing a petition to enforce a deposited mediated settlement
agreement.

(Except)
1. A prima facie determination upholding the existence, validity and enforceability of an
arbitration agreement;
2. An order referring the dispute to arbitration;
3. An order appointing an arbitrator;
4. Any ruling on the challenge to the appointment of an arbitrator;
5. Any order resolving the issue of the termination of the mandate of an arbitrator;
 6. An order granting assistance in taking evidence.

The motion shall be in writing, filed with the court and served upon the other party who shall
have a non-extendible period of 15days from receipt which to file an opposition or comment. The
opposition or comment is the last pleading allowed to be filed. The court shall resolve the motion for
reconsideration within 30days from receipt of the opposition or comment of the expiration of the
period to file the same.

MARJORIE: what if we still don’t like the decision of RTC after the pouty girl giled for MR?.
What shall we do then?

ATTY. GADOT: well since youre pretty and chubby like me ill ill let you know the answer.

The modes of review by the COURT OF APPEALS and SUPREME COUR of decisions
or orders of the REGIONAL TRIAL COURT are:

1. Ordinary appeal by notice of appeal on errors of fact, law or mixed fact and law;
2. Petition for review to CA on errors of fact, law or mixed fact and law;
3. Appeal by certiorari such as:

a. The court a quo has decided a question of substance, not therefore

determined by the SC or has decided it in a way probably not in accord with
the applicable decision SC;
b. The court a quo has so far departed from the accepted and usual course of
judicial proceedings, or so far sanctioned such departure by a lower court as
to call for an exercise of the power of supervision;

4. SCA for certiorari when there is no appeal on any plain, speedy and adequate
remedy under the ordinary course of law;

However, if you still want to appeal the ruling of the RTC to CA you must use SECTION 26 of
ADR act of 2004

Under the special rules, the petition for review to the CA shall be allowed only from the
following orders of RTC:
1. Granting or denying an interim measure of protection;
2. Denying a petition for appointment of an arbitrator;
3. Denying a petition for assistance in taking evidence;
4. Enjoining or refusing to enjoin a person from divulging confidential information;
5. Confirming, vacating or correcting/modifying a domestic arbitral award;
6. Setting aside an ICA award;
7. Dismissing the petition to set aside an ICA award even if the court does not decide to
recognize or enforce award;
8. Recognizing and/or enforcing an ICA award;
9. Recognizing and/or enforcing foreign arbitral award;
10. Refusing recognition and/or enforcement of a foreign arbitral award;
11. Granting or dismissing a petition to enforce a deposited mediated settlement
agreement; and
12. Reversing the ruling of the arbitral tribunal upholding its jurisdiction.

The appeal shall be file within 15days from notice of the decision of RTC or the denial of the
petitioner’s MR, by filing a verified petition for review.

HOWEVER if you want to file it directly to SC then you may file a certiorari under the special
rules which is limited to grave abuse of discretion in the following orders of the RTC in ADR
related proceedings:
1. Holding that the arbitration agreement is inexistent, invalid or unenforceable;
2. Reversing the arbitral tribunal’s preliminary determination upholding its jurisdiction;
3. Denying the request to refer the dispute to arbitration;
4. Granting or refusing an interim relief;
5. Denying a petition for the appointment of an arbitrator;
6. Confirming, vacating or correcting domestic arbitral award;
7. Suspending the proceedings to set aside an ICA award and referring back to the tribunal
8. Allowing a party to enforce an ICA award pending appeal
9. Adjourning or deferring a ruling on whether to set aside, recognize and/or enforce an
ICA award;
10. Allowing a party to enforce a foreign arbitral award pending appeal;
11. Denying a petition for assistance in taking evidence.

Although let me warn you on this, The SC may motu propio deny the petition on the ground
that it is without merit, or is prosecuted manifestly for delay, or that the questions raised
are too insubstantial to require consideration.

The special rules provide for petitions for review on certiorari from the resolutions and
decisions of the CA to the SC, it is silent on the availability of a petition for review on pure
questions of law direct form RTC to SC. Only judgments, final orders, or resolutions of the
CA as being reviewable in a petition for review on certiorari