Liwanag Cam & Jdr Rules for Jdr

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Atty. Liwanag Alternative Dispute ResolutionRules for JDR, CAM, ADR.

Text of Liwanag Cam & Jdr Rules for Jdr

Alternative Dispute Resolution (ADR) and Justice Reform Initiative Support (JURIS) Project

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)

OUTLINEa. Cases referred to CAM & JDR b. Flowcharts (Civil Case, Criminal Case, Mediation Process)c. Duration of Mediationd. Suspension of Periods

2OUTLINEe. Sanctionsf. Authority of Partiesg. Judicial Dispute Resolutionh. Common Provisions (CAM & JDR)

3OUTLINEJdr ProvisionsGeneral ProvisionsEnvironmental CourtsSmall Claims CourtsJDR during trialSettlement PeriodParty participationSanctionsJDR DurationSettlementJdr on Appeal

4PRE-TRIAL BASESSection 2 (a), Rule 18, Rules of Court (Civil Cases): possibility of amicable settlement or submission to alternative modes of dispute resolutionSection 1 (f), Rule 118, Rules of Court (Criminal Cases): such matters as will promote fair & expeditious trial of criminal and civil aspects of the caseADR IN COURTSAdmin. 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 DiversionCAM Court-Annexed MediationJDR Judicial Dispute ResolutionACM Appellate Court MediationMANDATORY 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;MANDATORY COVERAGE FOR CAM & JDR(A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage, No. 3)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;

MANDATORY COVERAGE FOR CAM & JDR (A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage, No. 3)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.

MANDATORY COVERAGE FOR CAM & JDR (A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage, No. 3)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;

MANDATORY COVERAGE FOR CAM & JDR(A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage, No. 3)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]

MANDATORY COVERAGE FOR CAM & JDR(A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage, No. 3)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;

MANDATORY COVERAGE FOR CAM & JDR (A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage, No. 3)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;

MANDATORY COVERAGE FOR CAM & JDR (A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage, No. 3)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;

MANDATORY COVERAGE FOR CAM & JDR (A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage, No. 3)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

MANDATORY COVERAGE FOR CAM & JDR (A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage, No. 3)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.

MANDATORY COVERAGE FOR CAM & JDR(A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage, No. 3)EXAMPLESALL CIVIL CASES 1) Settlement of estates 2) Collection cases;3) Enforcement / breach of contracts;4) Relationship between stockholders in a corporation or partners;

MANDATORY COVERAGE FOR CAM & JDR (A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage, No. 3)EXAMPLESALL CIVIL CASES 5) Real estate and property disputes;6) Lease contract disputes;7) Insurance coverage disputes;8) Franchise agreements;

MANDATORY COVERAGE FOR CAM & JDR (A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage, No. 3)EXAMPLESALL CIVIL CASES 9) Professional liabilities;10) Copyright/trademark disputes;11) Intra-organizational disputes;12) Disputes between family members in a family business; and13) Property damage or physical injuries due to criminal negligence.

MANDATORY COVERAGE FOR CAM & JDR (A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage, No. 3)CASES NOT REFERRED TO CAM1) 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

MANDATORY COVERAGE FOR CAM & JDR (A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage, No. 3)CASES NOT REFERRED TO CAM2) Other criminal cases not covered under paragraphs 3 to 6 of the MEDIATABLE cases (3. Katarungang Pambarangay Law, 4. Quasi-Offenses RPC Title 14, 5. Crimes until 6 years imprisonment with private offended party, 6. Civil Aspect of Estafa, Theft & Libel);3) Habeas Corpus petitions;

MANDATORY COVERAGE FOR CAM & JDR (A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage, No. 3)CASES NOT REFERRED TO CAM4) All cases under R.A. No. 9262 (Violence against Women and Children); and5) Cases with pending application for Restraining Orders/Preliminary Injunctions

MANDATORY COVERAGE FOR CAM & JDR(A.M. No. 11-1-6-SC-PHILJA, Part One, General Provisions and Coverage, No. 3)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 decision24JUDICIAL DISPUTE RESOLUTION (A. M. No. 11-1-6-SC-PHILJA, Part Three JDR, II on Procedure)PROCEDUREInitial stage of pre-trial conference 1) JDR Judge briefs parties and counsels of CAM & JDR processes2) JDR judge issues Order of Referral of case to CAM & directs parties & counsels to proceed to PMCU bringing w/ them copy of Order of Referral3) 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 PMCU25Flowchart of CIVIL CASE from filing to referral to PMC for CAM & JDRFiling of Complaint/PetitionDocketingPayment of all fees at cashier including Mediation feesRafflingReceipt: Recording by the Clerk in Charge of Civil CasesIssuance of Summons by the Branch Clerk of CourtReturn of SummonsAnswers/Pleadings/MotionsNotice of Pre-trialSubmission of Pre-trial Briefs Pre-trial Judge Orders the referral to CAM (if Mediatable) if it FAILS, Judge conducts JDRScreening & Marks As MediatableSegregates Marked Mediatable CasesParty/Counsel Tags Case As MediatableBranchOffice of the Clerk of Court26JUDICIAL AFFIDAVITSA.M. No. 12-8-8-SC Judicial Affidavit Rule(effective January 1, 2013)