Liwanag Cam & JDR Rules For JDR

CAM & JDR ADMINISTRATIVE RULES
A.M. No. 11-1-6-SC-PHILJA (Re: Consolidated and Revised Guidelines to Implement the Expanded Coverage of Court-Annexed Mediation [CAM] and Judicial Dispute Resolution [JDR]) dated January 11, 2011 Judge RICO SEBASTIAN D. LIWANAG (adopted from the presentation of Judge AQUINO-SIMBULAN)
OUTLINE
a. Cases referred to CAM & JDR b. Flowcharts (Civil Case, Criminal Case, Mediation Process) c. Duration of Mediation d. Suspension of Periods
OUTLINE
e. Sanctions f. Authority of Parties g. Judicial Dispute Resolution h. Common Provisions (CAM & JDR)
OUTLINE
Jdr Provisions
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
General Provisions Environmental Courts Small Claims Courts JDR during trial Settlement Period Party participation Sanctions JDR Duration Settlement Jdr on Appeal
PRE-TRIAL BASES
Section 2 (a), Rule 18, Rules of Court (Civil Cases): possibility of amicable settlement or submission to alternative modes of dispute resolution Section 1 (f), Rule 118, Rules of Court (Criminal Cases): such matters as will promote fair & expeditious trial of criminal and civil aspects of the case
ADR IN COURTS
Admin. Matter No. 11-1-6-SC-PHILJA (January 11, 2011): Consolidated and Revised Guidelines to Implement the Expanded Coverage of Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) Three (3) Stages of Diversion CAM Court-Annexed Mediation JDR Judicial Dispute Resolution
ACM Appellate Court Mediation
MANDATORY COVERAGE FOR CAM & JDR

(A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage, No. 3)
1) All civil cases and the civil liability of criminal cases covered by the RULE ON SUMMARY PROCEDURE including the civil liability for violation of BP 22 (N.B. A.M. No. 00-11-01-SC already included BP 22 cases under Rule on Summary Procedure effective April 15, 2003), except those which by law may not be compromised;

CASES COVERED BY THE RULE ON SUMMARY PROCEDURE:

* Ejectment and unlawful detainer/forcible entry; * Other criminal cases where the penalty prescribed by law for the offense charged does not exceed six (6) months imprisonment or a fine not exceeding five (5) thousand pesos, or both;

CASES COVERED BY THE RULE ON SUMMARY PROCEDURE:

N.B. Although criminal cases like violations of
traffic laws, rules and regulations, violations of municipal or city ordinances are included in the list of cases under summary procedure, they should not be mediated because law enforcers cannot be compelled to pay mediation fees and mediation may be utilized as a source of corruption.

2) Special proceedings for the settlement of estates; 3) All civil and criminal cases filed with a certificate to file action issued by the Punong Barangay or the Pangkat ng Tagapagkasundo under the Revised Katarungang Pambarangay Law;

4) Civil aspect of Quasi-Offenses under Title 14 of the Revised Penal Code;

[Examples - cases committed by reckless or simple imprudence or negligence resulting in slight, less serious or serious physical injuries; imprudence resulting in damage to property; reckless or simple imprudence with violation of the motor vehicle law]

5) Civil aspect of less grave felonies punishable by correctional penalties not exceeding 6 years imprisonment, where the offended party is a private person;
6) Civil aspect of estafa, (SIMPLE) theft and libel;

APPEALED CASES TO RTC (JDR) 7) All civil cases and probate proceedings, testate and intestate, brought on appeal from the exclusive and original jurisdiction granted to the first level courts under Section 33, par. (1) of the Judiciary Reorganization Act of 1980;

APPEALED CASES TO RTC (JDR) 8) All cases of forcible entry and unlawful detainer brought on appeal from the exclusive and original jurisdiction granted to the first level courts under Section 33, par. (2) of the Judiciary Reorganization Act of 1980;

APPEALED CASES TO RTC (JDR) 9) All civil cases involving title to or possession of real property or an interest therein brought on appeal from the exclusive and original jurisdiction granted to the first level courts under Section 33, par. (3) of the Judiciary Reorganization Act of 1980; and

APPEALED CASES TO RTC (JDR) 10) All habeas corpus cases decided by the first level courts in the absence of the Regional Trial Court judge, that are brought up on appeal from the special jurisdiction granted to the first level courts under Section 35 of the Judiciary Reorganization Act of 1980.

EXAMPLES
ALL CIVIL CASES
1) Settlement of estates 2) Collection cases; 3) Enforcement / breach of contracts; 4) Relationship between stockholders in a corporation or partners;

EXAMPLES
ALL CIVIL CASES

5) 6) 7) 8) Real estate and property disputes; Lease contract disputes; Insurance coverage disputes; Franchise agreements;

EXAMPLES
ALL CIVIL CASES

9) Professional liabilities; 10) Copyright/trademark disputes; 11) Intra-organizational disputes; 12) Disputes between family members in a family business; and 13) Property damage or physical injuries due to criminal negligence.

CASES NOT REFERRED TO CAM

1) Civil cases which by law cannot be compromised (Article 2035, New Civil Code) a. Annulment of marriage; b. Civil status of persons; c. Any ground for legal separation; d. Future support; e. Jurisdiction of courts; f. Future legitime


2) Other criminal cases not covered under paragraphs 3 to 6 of the MEDIATABLE cases
(3. Katarungang Pambarangay Law, 4. QuasiOffenses RPC Title 14, 5. Crimes until 6 years imprisonment with private offended party, 6. Civil Aspect of Estafa, Theft & Libel);
3) Habeas Corpus petitions;

4) All cases under R.A. No. 9262 (Violence against Women and Children); and 5) Cases with pending application for Restraining Orders/Preliminary Injunctions

CASES NOT REFERRED TO CAM (EXCEPTION)

However, in cases covered under 1 (Art. 2035, New Civil Code), 4 (R.A. 9262 VAWC) and 5 (TRO & Prelim. Inj.) where the parties inform the court that they have agreed to undergo mediation on some aspects thereof, e.g., custody of minor children, separation of property, or support pendente lite, the court shall refer them to mediation.
NEW ROLE OF JUDGES IN JDR

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, II on Procedure)
TWO-JUDGE SYSTEM
(TWO STAGES IN JUDICIAL PROCEEDINGS )
JDR JUDGE - handles case from filing of complaint to CAM and JDR during pre-trial stage (N.B. All incidents or
motions filed during the first stage shall be dealt with by the JDR judge. If JDR is not conducted because of parties failure to appear, JDR judge may impose appropriate sanctions & shall continue with the proceedings of the case.)
TRIAL JUDGE - presides over pre-trial proper, trial, and renders decision
JUDICIAL DISPUTE RESOLUTION

PROCEDURE
Initial stage of pre-trial conference
1) JDR Judge briefs parties and counsels of CAM & JDR processes 2) JDR judge issues Order of Referral of case to CAM & directs parties & counsels to proceed to PMCU bringing w/ them copy of Order of Referral
3) In Order of Referral or in another Order, Judge includes pre-setting of case for JDR not earlier than 45 days from time parties first personally appear at PMCU
Flowchart of CIVIL CASE from filing to referral to PMC for CAM & JDR
Office of the Clerk of Court Branch
Filing of Complaint/Petition
Party/Counsel Tags Case As Mediatable
Receipt: Recording by the Clerk in Charge of Civil Cases Issuance of Summons by the Branch Clerk of Court Return of Summons
Segregates Marked Mediatable Cases
Docketing
Screening & Marks As Mediatable
Payment of all fees at cashier including Mediation fees
Raffling
Answers/Pleadings/ Motions
Pre-trial Judge Orders the referral to CAM (if Mediatable) if it FAILS, Judge conducts JDR
Notice of Pre-trial
Submission of Pre-trial Briefs
A.M. No. 12-8-8-SC Judicial Affidavit Rule (effective January 1, 2013)
JUDICIAL AFFIDAVITS
Section 2. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies - Parties shall file with Court and serve on adverse party, not later than five days BEFORE pre-trial or preliminary conference or the scheduled hearing with respect to motions and incidents, the following:
1) Judicial affidavits of witnesses w/c shall take the place of direct testimonies; and 2) Parties documentary or object evidence to be attached to the judicial affidavits...
Flowchart of a CRIMINAL CASE from filing to referral to PMC for CAM & JDR
Office of the Clerk of Court Branch
Filing of Complaint/ Information
Prosecution Tags Case As Mediatable
Receipt: Recording by the Clerk in Charge of Criminal Cases
Segregates Marked Mediatable Cases
Docketing
Screening & Marks As Mediatable
Issuance of W/A thru Court Order by the Judge & for payment of fees
Private complainant pays fees if civil aspect deemed instituted w/ crim. case Raffling
If arraigned, issue Notice of Pre-trial
Pre-trial Judge Orders the referral to CAM (if Mediatable) if it FAILS, Judge conducts JDR
(A.M. No. 11-1-6-SC-PHILJA, Part Two, Court-Annexed Mediation [CAM], Procedure)
AUTHORITY TO SETTLE
PARTY PARTICIPATION
Individual party litigants personal attendance or
duly authorized representatives (written) who are FULLY EMPOWERED to offer, negotiate, accept, decide and enter into compromise without need of further approval/notification to authorizing party
Corporate party litigants representatives must be

senior management officials with written authority from the Board of Directors to offer, negotiate, accept, decide and enter into compromise without need of further approval/notification to authorizing party
DURATION OF MEDIATION
(A.M. No. 11-1-6-SC-PHILJA, Part Two, Court-Annexed Mediation [CAM], Duration of Mediation in the PMC)
30 days to complete mediation process computed from date when parties first appeared for initial conference as stated in the Court order to appear
Extension for another 30 days may GRANTED BY THE COURT 1) upon motion filed by Mediator; and 2) with parties conformity be
MAXIMUM OF SIXTY (60) DAYS
SUSPENSION OF PERIODS
(A.M. No. 11-1-6-SC-PHILJA, Part Two, Court-Annexed Mediation [CAM], Suspension of Periods)
Mediation period excluded from regular & mandatory periods for trial & rendition of judgment in ordinary cases & in cases under summary proceedings
DISTINCTIVE FEATURES OF THE COURT-ANNEXED MEDIATION

THE COURTS APPROVAL OF THE CHOICE OF MEDIATOR ELEVATES THE STATUS OF THE MEDIATOR AS AN OFFICER OF THE COURT [N.B. Mediator may recommend imposition of sanctions on party who fails to appear before PMC or who engages in abusive conduct; may include censure, reprimand, contempt, & requiring absent party to reimburse the appearing party his costs, including attorneys fees for that day up to treble such costs, payable on or before the date of the rescheduled setting - (A.M. No. 11-1-6-SCPHILJA) Part 2 on Sanctions)]
(A.M. No. 11-1-6-SC-PHILJA, Part Two, Court-Annexed Mediation [CAM], Sanctions)
SANCTIONS
COURT imposes sanctions upon Mediators recommendation or upon referring judges own initiative or upon motion of interested party Grounds for sanctions:
1) failure of party to appear before PMCU despite directive from the Judge/Court; 2) any person who engages in abusive conduct during mediation (Rules of Court on Pre-trial)
Sanctions (not limited to the following):
1) censure, 2) reprimand, 3) contempt 4) require absent party to reimburse appearing party his costs, including attorneys fees for that day up to treble such costs, payable on or before date of re-scheduled setting.
(A.M. No. 11-1-6-SC-PHILJA, Part Two, Court-Annexed Mediation [CAM], Sanctions)
SANCTIONS
If with justifiable cause proved during hearing on motion for reconsideration filed by absent party and concurred by the concerned Mediator, the sanctions may be lifted at sound discretion of referring judge.
Compromise agreement entered into by parties should be submitted to the Court for approval and decision is rendered by the Court based on the compromise agreement of the parties.
A judgment rendered based on the compromise agreement is
immediately final and executory (Limpo vs. CA et al.,

G.R. No. 144732, February 13, 2006, 482 SCRA 333).
PROCEDURE AFTER SETTLEMENT IS REACHED BY THE PARTIES

MEDIATOR SHALL FURNISH THE COURT:
1. MEDIATORS REPORT 2. COMPROMISE AGREEMENT 3. WITHDRAWAL OF COMPLAINT & COUNTERCLAIM 4. SATISFACTION OF THE CLAIM
PROCEDURE AFTER A SETTLEMENT IS REACHED BY THE PARTIES ARCHIVING IN CRIMINAL CASES

Where settlement on the civil aspect has been reached but the period of payment in accordance with the terms of settlement exceeds one (1) year, the case may be archived upon 1) motion of the prosecution, 2) with notice to the private complainant and 3) approval by the judge. [A.M. No. 11-1-6-SC-PHILJA Part 3 (IX, 2nd par.)]
PROCEDURE WHEN MEDIATION TERMINATES WITHOUT A SETTLEMENT
MEDIATOR SHALL SUBMIT TO THE COURT A MEDIATORS REPORT STATING FAILED MEDIATION
PARTIES NOT SETTLE AT CAM

(Case returned to Court)
IF JDR EXISTS IN SITES proceed with JDR under A.M. No. 11-1-6-SC-PHILJA on the Consolidated and Revised Guidelines to Implement the Expanded Coverage of CAM & JDR (see Supreme Court Resolution dated August 10, 2004 exempting CAM and JDR sites from application of A.M. No. 03-1-09-SC Re: Guidelines to be Observed by Trial Court Judges and Clerks of Court in the conduct of Pre-trial and Use of Deposition-Discovery Measures)
CAM JDR
If parties DO NOT SETTLE in CAM, judge conducts JDR Judicial Dispute Resolution.

Judge as a MEDIATOR; Judge as a CONCILIATOR; Judge as a NEUTRAL EVALUATOR;
COMBINATION of any of the above

MEDIATOR & CONCILIATOR - Judge facilitates the settlement discussions between parties and tries to reconcile their differences
NEUTRAL EVALUATOR - Judge assesses the relative strengths and weaknesses of each partys case and makes a non-binding and impartial evaluation of the chances of each partys success in the case

GENERAL RULE
JDR judge shall not preside over the trial of the case when parties did not settle their dispute at JDR

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts)
RULE 1
MULTI-SALA COURTS raffle case - first branch handles case until JDR if case not resolved in JDR -- raffle to another branch for PRE-TRIAL PROPER to judgment
(N.B. Cases with TRO/Prelim. Inj., judge where case first raffled rules on TRO/Prelim. Inj. During pre-trial, judge refers case to CAM. If no settlement at CAM, case raffled to another branch for JDR. If no settlement at JDR, case returns to branch that ruled on TRO/Prelim. Inj. for pre-trial proper to judgment.)
Flowchart of JDR Process for CIVIL CASES

Clerk of Court Trial Judge
Judge conducts JDR by acting as mediator, conciliator and early neutral evaluator No Settled ? Yes
CoC re-raffles the case CoC records referral to trial judge
Pre-trial proper, trial & judgment by the trial judge
BCoC SENDS case BACK to CoC
Satisfaction of Claim (Order of Dismissal)
Compromise Agreement (Judgment)
Withdrawal of Complaint/ Counterclaim (Approval)
* For courts with single sala, case transferred to nearest court for JDR regardless of level.
Flowchart of JDR Process for CRIMINAL CASES

JDR Judge Clerk of Court Trial Judge
Judge conducts JDR
Case is Re-raffled
Conducts Pre-trial Proper Trial
Settled ?
Yes
No
CoC records/sends Referral to Trial Judge BCoC sends case back to CoC for Re-raffle
Judgment
1. Judge approves the Compromise Agreement as to the civil aspect only; then 2. Sets case for continuation of pre-trial insofar as criminal aspect is concerned.
On continuation pre-trial, Public Prosecutor will move for dismissal/archiving of criminal case Case Dismissed/Archived by JDR judge
* For courts with single sala, case transferred to nearest court for JDR regardless of level.

RULE 2

SINGLE-SALA COURTS case filed at proper court JDR conducted by pair court judge, if any, otherwise, by nearest court judge determined by Exec. Judge. However, before JDR, parties may file joint written motion requesting that court of origin conducts JDR and trial. (N.B. JDR conducted at station where case originally filed. JDR results referred to court of origin for appropriate action, e.g. approval of compromise agreement, trial, etc.)
Flowchart for SINGLE Sala Court (CAM & JDR)

Yes Party/Counsel Tags Case As Mediatable Screening & Marks As Mediatable Answers/Pleadings/ Motions Return of Summons Notice of Pre-trial Return case to Originating Court for appropriate action such as satisfaction of claim (Order of Dismissal, Compromise Agreement (Judgment) and Withdrawal of Complaint/ Counterclaim (Approval)
Filing of Complaint/Petition Docketing Payment of all fees at cashier including Mediation fees and Recording by the Clerk in Charge of Cases
Submission of Pre-trial Briefs Judge Orders referral to CAM (if Mediatable) and if CAM fails, case referred to nearest Court regardless of level for JDR JDR Court conducts JDR
Issuance of Summons by Branch Clerk of Court
Settled? No
Returns case to Originating Court for pre-trial proper, trial and decision

RULE 3
FAMILY COURTS Before JDR, parties may file joint written motion requesting family court, where case originally raffled, to conduct JDR & trial.
Where only one family court, JDR to be conducted by another branch through raffle. If there is another family court in same area, JDR conducted by family court where case originally raffled & if no settlement, the other family court shall conduct pre-trial proper and trial. N.B. If principal case is non-mediatable like
annulment of marriage, other issues like custody of children, support, visitation, property relations and guardianship may be referred to CAM & JDR to limit issues for trial.

RULE 4
COMMERCIAL & INTELLECTUAL PROPERTY COURTS Before JDR, parties may file joint written motion requesting special court, where case filed, to conduct JDR & trial. Where only one special court, JDR to be conducted by another branch through raffle. If no settlement, special court judge conducts pre-trial proper and trial. N.B. Any incident or motion filed before pre-trial stage shall be dealt with by special court judge who shall refer case to CAM.
Flowchart for SINGLE Special Court (CAM & JDR)
(Commercial Cases, Intellectual Property Cases and Family Cases)

Office of the Clerk of Court Party/Counsel Tags Case As Mediatable Screening & Marks As Mediatable
Notice of Pre-trial (Incidents raised to be ruled upon by Special Court)

Submission of Pre-trial Briefs Special Court Judge Orders the referral to CAM (if Mediatable) and if CAM fails, case referred back to Special Court Special Court refers case to OCC (docketing purposes) for re-raffling to other branch for JDR Another Judge conducts JDR
Yes
Informs OCC (docketing purposes) and returns case to Special Court for appropriate action such as satisfaction of claim (Order of Dismissal, Compromise Agreement (Judgment) and Withdrawal of Complaint/ Counterclaim (Approval) Informs OCC (docketing purposes) and returns case to Special Court for pre-trial proper, trial and decision
Filing of Complaint/Petition Docketing Payment of all fees at cashier including Mediation fees
Branch
Return of Summons
Receipt: Recording by the Clerk in Charge of Cases
Issuance of Summons by Branch Clerk of Court
Settled?
No
Flowchart for Two or more Designated Special Courts (CAM & JDR)
(Commercial Cases, Intellectual Property Cases and Family Cases)

Office of the Clerk of Court Notice of Pretrial
Yes
Issue satisfaction of claim (Order of Dismissal, Compromise Agreement (Judgment) and Withdrawal of Complaint/ Counterclaim (Approval)
Filing of Complaint/Petition Docketing Payment of all fees at cashier including Mediation fees
Party/Counsel Tags Case As Mediatable Screening & Marks As Mediatable
Submission of Pre-trial Briefs Pre-trial Judge orders the referral to CAM (if Mediatable) and if CAM fails, case referred back to Special Court Special Court conducts JDR
Branch
Return of Summons
Settled? Issuance of Summons by Branch Clerk of Court
No
Informs OCC for docketing and refers case to another Special Court for pre-trial proper, trial and decision

[A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts in relation to A. M. No. 09-6-8-C (APRIL 29, 2010) on RULES OF PROCEDURE FOR ENVIRONMENTAL CASES]
ENVIRONMENTAL CASES
RULE 3 (Pre-Trial)
[A. M. No. 09-6-8-C (APRIL 29, 2010) on RULES OF PROCEDURE FOR ENVIRONMENTAL CASES]
Section 3 (Referral to Mediation) case referred for CAM. If
CAM not available, court refers case to clerk of court or legal researcher for mediation.
Section 4 (Preliminary conference) branch clerk of court for mediation Section 5 (Pre-trial conference; consent decree) JDR conducted by environmental court judge

[A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts in relation to A. M. No. 09-6-8-C (APRIL 29, 2010) on RULES OF PROCEDURE FOR ENVIRONMENTAL CASES]
ENVIRONMENTAL CASES
RULE 3 (Pre-Trial)
[A. M. No. 09-6-8-C (APRIL 29, 2010) on RULES OF PROCEDURE FOR ENVIRONMENTAL CASES]
Section 6 (Failure to settle) judge encourages referral of case to trial by commissioner (Rule 32) or to mediator or arbitrator Section 10 (Efforts to settle) judge endeavours parties to agree to compromise or settle in accordance with law at any stage of the proceedings before rendition of judgment. N.B. Environmental court judge conducts mediation and trial.
Flowchart for Environmental Court (CAM & JDR)

Office of the Clerk of Court Filing of Complaint/Petition Docketing Payment of all fees at cashier including Mediation fees Notice of Pre-trial Party/Counsel Tags Case As Mediatable Screening & Marks As Mediatable Answers/Pleadings/ Motions (Court acts on TEPO Application) Return of Summons Issuance of Summons by the Branch Clerk of Court Submission of Pre-trial Briefs Pre-trial Judge Orders the referral to CAM (if Mediatable) and if CAM fails, case referred back to Environmental Court
Yes
Branch
Environmental Court conducts Mediation
Settled? No Continuation of pre-trial proper, trial & decision.

[A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, III on Courts in relation to A.M. No. 08-8-7-SC (October 27, 2009) on RULES OF PROCEDURE FOR SMALL CLAIMS CASES AS AMENDED]
SMALL CLAIMS CASES (Php100,000.00)

SEC. 21. Hearing - judge conducts JDR Sec. 22. Failure of Settlement - If settlement fails, judge hears & terminates case in one (1) day. Either party may move in writing to have another judge hear & decide case. Referral of case for reassignment by original judge to Executive Judge made within same day motion is filed and granted. Executive Judge refers case to designated judge within the same day of referral. The new judge shall hear and decide the case within five (5) working days from receipt of order of reassignment. N.B. Small Claims Court Judge conducts mediation & trial (w/ option for another judge to conduct trial).
Flowchart for Small Claims (CAM & JDR)

Office of the Clerk of Court If no Response and does not appear during hearing, court renders judgment. If no response but defendant appears during hearing, Court ascertains defendant's defense & hears, mediates & adjudicates case on same day as if Response was filed
Filing of statement of claim (affidavits & other evidence Docketing Payment of all fees at cashier including Mediation fees Branch Verified Response w/ evidence (Counterclaim allowed w/in Courts Jurisdiction) Return of Summons
If Response filed, Judge conducts JDR during scheduled hearing
Settled? No
Yes
Judge conducts hearing *
Court may dismiss case OR Branch Clerk of Court issues summons to defendant to submit Verified Response & notice for date of hearing
*N.B. In Small Claims the parties may file a motion praying that the Trial be conducted by another Judge by referring the case to Executive Judge and the new Judge hears and decides case within five (5) working days from receipt of Order /reassignment . Decision is final and unappealable.

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, IV on JDR During Trial)
JDR DURING TRIAL
CASES ON TRIAL STAGE may be referred to JDR REQUISITE: written motion of one or both parties indicating willingness to discuss possible compromise
If motion granted, trial is suspended. Multiple sala - case referred for JDR conducted by another judge through raffle. If settlement reached at JDR, JDR judge takes appropriate action i.e. approval/disapproval of compromise agreement. If no settlement, case is returned to referring court for trial continuation.
Flowchart of Cases undergoing Trial for JDR For Multi-Sala

Requirement: Upon written motion of one or both parties indicating willingness to discuss possible compromise
Trial Court refers case to OCC for docketing & re-raffling to another branch for JDR Another Court conducts JDR Yes Settled ? No
Case referred to OCC for docketing and returned to Original/ referring Court for continuation of trial and decision.
Satisfaction of Claim (Order of Dismissal)
Compromise Agreement (Judgment)
Withdrawal of Complaint/ Counterclaim (Approval)

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, IV on JDR During Trial)
JDR DURING TRIAL

Single sala - JDR conducted by pair court, if any, or nearest court regardless of level. JDR results referred to court of origin for appropriate action, e.g. approval of compromise agreement, trial. N.B. Parties may, by joint written motion, file request that case be not transferred to other courts for JDR and they agree to have trial judge continue trial should case not settle through JDR.
Flowchart of Cases Undergoing Trial for JDR (For Single Sala)

Requirement: Upon written motion of one or both parties indicating willingness to discuss possible compromise
Trial Court refers case to nearest Court, regardless of level, for JDR Another Court conducts JDR Settled? Yes No JDR Judge returns case back to Trial Court for continuation of trial and decision.
JDR Judge returns case to Originating/Trial Court for appropriate action such as approval of the Compromise Agreement (Judgment),Satisfaction of Claim (Order of Dismissal) and Withdrawal of Complaint/ Counterclaim (Approval) .

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, V on Settlement Period)
SETTLEMENT PERIOD
Settlement period declared by Supreme Court includes JDR half of all cases referred to mediation shall be for JDR with procedure similar to JDR during trial but no written motion required from parties

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, VI on Party Participation)
PARTY PARTICIPATION
Individual party litigants personal attendance or
duly authorized representatives (written) who are FULLY EMPOWERED to offer, negotiate, accept, decide and enter into compromise without need of further approval/notification to authorizing party
Corporate party litigants representatives must be

senior management officials with written authority from the Board of Directors to offer, negotiate, accept, decide and enter into compromise without need of further approval/notification to authorizing party

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, VI on Party Participation and VIII on Sanctions)
NON-APPEARANCE OF PARTY OR IMPROPER REPRESENTATIVE FOR JDR

Non-appearance of party or representative who appears without required authorization by special power of attorney (individual) or board resolution (corporation) - may be sanctioned (upon motion of party or motu proprio ) under Rule 18 of the Rules of Court (dismissal of case or presentation of evidence ex-parte), censure, reprimand, contempt & require absent party to reimburse costs of appearing party plus attorneys fees for that day to treble such costs payable on or before date of re-scheduled setting. Sanctions may be reconsidered and sanctions lifted subject to judicial discretion.

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, IX on Duration of JDR proceedings)
DURATION OF JDR PROCEEDINGS

First level Courts 30 days Second level Courts 60 days Both periods may be extended upon judicial discretion
REQUISITES FOR EXTENSION

1) high probability of settlement; and 2) upon joint written motion of parties
Computation of periods from first appearance of parties for JDR

Schedule of JDR conferences set not more than 2 weeks apart

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, IX on Duration of JDR proceedings)
DURATION OF JDR PROCEEDINGS
(ARCHIVING OF CASES)
Criminal Cases covered by CAM & JDR where civil aspect is settled but period of payment EXCEEDS 1 year, case may be ARCHIVED REQUISITES FOR ARCHIVING 1) upon motion of prosecution,
2) with notice to private complainant, and

3) approval by judge

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, VII on Judgments/Decisions in JDR and X on Suspension of Periods)
JUDGMENT/DECISIONS IN JDR & SUSPENSION OF PERIODS

JDR Judgments/Decisions indicate in Judgments/Decisions that case settled at JDR (documentation purposes) Suspension of periods period of JDR proceedings excluded from regular & mandatory periods for trial and rendition of judgment & cases under summary proceedings

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, XI on Settlement )
SETTLEMENT
A. CIVIL CASES Full settlement submit Compromise Agreement
for Courts action
Full compliance with compromise submit

satisfaction of claims or mutual withdrawal of claims and counterclaims (Court dismisses case)

SETTLEMENT
A. CIVIL CASES Partial settlement submit terms for Courts
action (judgment on partial compromise, enforced by execution w/out waiting for resolution of unsettled part); Court proceeds to trial if parties file motion for him to do so; otherwise, JDR judge turns over case to new judge by re-raffle in multi-sala or originating court in single sala for pre-trial proper & trial

SETTLEMENT
B. CRIMINAL CASES 1) Civil aspect submit compromise agreement for Courts action 2) Criminal aspect determined by Public Prosecutor subject to Courts action NO SETTLEMENT ON CIVIL ASPECT JDR judge tries case on merits if parties file joint written motion for him to do so; otherwise, case turned over to new judge by re-raffle in multi-sala or originating court in single sala for pre-trial proper & trial

(A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, XII on Pre-trial Proper & XIII on Trial and Judgment)
PRE-TRIAL PROPER, TRIAL & JUDGMENT

NO SETTLEMENT OR PARTIAL SETTLEMENT if no joint written motion from parties for JDR judge to try & decide case, JDR judge turns over case to new judge by re-raffle in multisala or originating court in single sala for pre-trial proper (Rules 18 & 118 of Rules of Court) & trial TRIAL & JUDGMENT
COMMON PROVISIONS FOR CAM & JDR

(A. M. No. 11-1-6-SC-PHILJA, Part Four Provisions Common to both CAM & JDR, I on Confidentiality)
CONFIDENTIALITY any and all matters discussed

or communications made, including requests for mediation, documents presented during mediation at CAM & JDR, is privileged & confidential, and shall be inadmissible as evidence for any purpose in any other proceedings. However, evidence or information otherwise admissible does not become inadmissible solely by reason of its use in mediation.
JDR Judge, all court personnel or any person present during such proceedings shall not pass information obtained in JDR to trial judge or any other person. All JDR conferences conducted in private.

(A. M. No. 11-1-6-SC-PHILJA, Part Four Provisions Common to both CAM & JDR, II on Role of Lawyers in CAM & JDR Proceedings)
LAWYERS may attend mediation as

adviser/consultant to clients (not combative role and give up dominant role in trials); less directive role to allow parties to craft own agreement FUNCTIONS: 1) Help clients comprehend mediation & its benefits and allow clients greater personal responsibility in making decisions for success of mediation in resolving dispute

FUNCTIONS: 2) Discuss with clients

a. substantive issues in dispute b. prioritization of resolution in terms of importance to client c. understand position of other party & underlying fears, concerns & needs underneath position d. need for more information/facts gathered/exchanged from other party for informed decision making e. possible bargaining options but stressing need to be open-minded about other possibilities f. best, worst & most likely alternatives to negotiated agreement (BATNA, WATNA, MLATNA)

FUNCTIONS: 3) Assist in compromise agreement preparation (not contrary to law, morals, good customs, public order or public policy) for Courts approval, paying attention to voluntary compliance with terms & issues of enforcement in case of breach 4) Assist in preparation of manifestation of satisfaction of claims & mutual withdrawal of complaint & counterclaim as basis for Courts dismissal of case
(A. O. No. 28-2009 [March 2, 2009] Guidelines to Implement Mediation in RTC Acting as Appellate Courts in Appeals from First Level Courts)
JDR FOR APPEALED CASES TO RTC
PROCEDURE:
1) After receipt of Memorandum on appeal filed by appellant and lapse of period for filing appellees brief, RTC Judge issues Order calling parties to appear before him for JDR of case on appeal. 2) Judge conducts JDR & if parties settle, compromise agreement is submitted for Courts action.
3) If parties do not settle during JDR, case turned over to new judge through raffle to render decision on merits unless parties file joint written motion requesting judge that conducted JDR shall render judgment on case on appeal.
(A. O. No. 28-2009 [March 2, 2009] Guidelines to Implement Mediation in RTC Acting as Appellate Courts in Appeals from First Level Courts)
JDR FOR APPEALED CASES TO RTC
PROCEDURE: 4) Where RTC judge affirms on appeal order of First Level

Court dismissing case for lack of jurisdiction, RTC judge instead of trying the case on merits based on first paragraph of Sec. 8, Rule 40 of Rules of Court shall order parties to appear before him for JDR. 5) In cases where First Level Court decided case on merit without jurisdiction, RTC judge shall not dismiss case but instead conduct JDR. Duration of JDR on Appeal 60 days that may be extended for another 30 days upon joint motion of parties
RAISON DETRE FOR ADR

Our courts have become bitter if not bloody battle ground; as avenues where litigants engage in high cost combats, as arenas where the truth is often blurred by procedural technicalities where at the end of the day not infrequently comes too late and too little
Justice Renato Puno
WORLD NEW TRENDS
Out adversarial, In ADR ADR - an innovative tool to de-clog court dockets that empowers party-litigants

Liwanag Cam & JDR Rules For JDR

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Liwanag Cam & JDR Rules For JDR

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CAM & JDR ADMINISTRATIVE RULES

ACM Appellate Court Mediation

MANDATORY COVERAGE FOR CAM & JDR

MANDATORY COVERAGE FOR CAM & JDR

CASES COVERED BY THE RULE ON SUMMARY PROCEDURE:

MANDATORY COVERAGE FOR CAM & JDR

CASES COVERED BY THE RULE ON SUMMARY PROCEDURE:

MANDATORY COVERAGE FOR CAM & JDR

MANDATORY COVERAGE FOR CAM & JDR

4) Civil aspect of Quasi-Offenses under Title 14 of the Revised Penal Code;

MANDATORY COVERAGE FOR CAM & JDR

6) Civil aspect of estafa, (SIMPLE) theft and libel;

MANDATORY COVERAGE FOR CAM & JDR

MANDATORY COVERAGE FOR CAM & JDR

MANDATORY COVERAGE FOR CAM & JDR

MANDATORY COVERAGE FOR CAM & JDR

MANDATORY COVERAGE FOR CAM & JDR

ALL CIVIL CASES

MANDATORY COVERAGE FOR CAM & JDR

ALL CIVIL CASES

MANDATORY COVERAGE FOR CAM & JDR

ALL CIVIL CASES

MANDATORY COVERAGE FOR CAM & JDR

CASES NOT REFERRED TO CAM

MANDATORY COVERAGE FOR CAM & JDR

CASES NOT REFERRED TO CAM

3) Habeas Corpus petitions;

MANDATORY COVERAGE FOR CAM & JDR

CASES NOT REFERRED TO CAM

MANDATORY COVERAGE FOR CAM & JDR

CASES NOT REFERRED TO CAM (EXCEPTION)

NEW ROLE OF JUDGES IN JDR

JUDICIAL DISPUTE RESOLUTION

Party/Counsel Tags Case As Mediatable

Segregates Marked Mediatable Cases

Screening & Marks As Mediatable

Payment of all fees at cashier including Mediation fees

Submission of Pre-trial Briefs

A.M. No. 12-8-8-SC Judicial Affidavit Rule (effective January 1, 2013)

Filing of Complaint/ Information

Prosecution Tags Case As Mediatable

Receipt: Recording by the Clerk in Charge of Criminal Cases

Segregates Marked Mediatable Cases

Screening & Marks As Mediatable

If arraigned, issue Notice of Pre-trial

(A.M. No. 11-1-6-SC-PHILJA, Part Two, Court-Annexed Mediation [CAM], Procedure)

Corporate party litigants representatives must be

MAXIMUM OF SIXTY (60) DAYS

DISTINCTIVE FEATURES OF THE COURT-ANNEXED MEDIATION

(A.M. No. 11-1-6-SC-PHILJA, Part Two, Court-Annexed Mediation [CAM], Sanctions)

Sanctions (not limited to the following):

(A.M. No. 11-1-6-SC-PHILJA, Part Two, Court-Annexed Mediation [CAM], Sanctions)

DISTINCTIVE FEATURES OF THE COURT-ANNEXED MEDIATION

DISTINCTIVE FEATURES OF THE COURT-ANNEXED MEDIATION

A judgment rendered based on the compromise agreement is

immediately final and executory (Limpo vs. CA et al.,

PROCEDURE AFTER SETTLEMENT IS REACHED BY THE PARTIES

PROCEDURE AFTER A SETTLEMENT IS REACHED BY THE PARTIES ARCHIVING IN CRIMINAL CASES

PROCEDURE WHEN MEDIATION TERMINATES WITHOUT A SETTLEMENT

PARTIES NOT SETTLE AT CAM

NEW ROLE OF JUDGES IN JDR

Judge as a MEDIATOR; Judge as a CONCILIATOR; Judge as a NEUTRAL EVALUATOR;

COMBINATION of any of the above