3 Legislative Action
Special domestic legislation have been passed to decongest court
dockets:
a Labor Code of the Philippines creation of NLRC
b Local Government Code of the Philippines
i requires conciliation, mediation or arbitration in the
barangay level
ii PD 1508 Establishing a System of Amicable Settling
Disputes at the Barangay Level
4 Executive Branchs Contribution
Executive Branch contribution in the propagation of ADR:
a Construction Agreements:
i Construction Industry Arbitration Commission (CIAC)
ii Executive Order 1008 Construction Industry Arbitration
Law
b On August 23, 1988, the Rules on ADR for Disputes between
National Government Agencies was approved and promulgated
by CIAC
c March 22, 2010, through Solicitor General, enacted the Rules
on Alternative Dispute Resolution for Disputed Between National
Government agencies
5 The Alternative Dispute Resolution Act of 2004
a February 4, 2004, Senate bill 2691 & House bill No. 5654 were
consolidated and enacted as the first comprehensive ADR law in
the Philippines
b Supreme Court enumerated and explained the salient feature of
RA 9285 An Act to Institutionalize the Use of Alternative Dispute
Resolution System in the Philippines and to Establish the Office
for Alternative Dispute Resolution and for Other Purposes,
applying an incorporating the UNCITRAL Model, namely:
i The RTC must refer to arbitration in proper cases
ii Foreign arbitral awards must be confirmed by the RTC
iii The RTC has jurisdiction to review foreign arbitral awards
iv Grounds for judicial review different in domestic and
foreign arbitral awards
v RTC decision of assailed foreign arbitral award appealable
6 The Lawyers Role
a Assist the courts in encouraging the parties to avail of alternative
means of dispute resolution
b Explain the benefits of ADR system to the clients
c Play the role of ADR practitioner
d Expected to exert genuine and sincere efforts at bringing the
parties to a settlement within the scope of their authority
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