Sophia Noreene A.

Oñate WLC-School of Law

Alternative Dispute Resolution Judge Magsoling

CHAPTER 9:
SPECIAL RULES OF COURT ON ALTERNATIVE DISPUTE RESOLUTION

Rule 19 of the Special ADR Rules covers the remedies available to parties for challenging orders, decisions, or
judgments rendered by the Regional Trial Courts on matters relating to alternative dispute resolution.

These remedies are:

1. Rules 19.1 to 19. 11 of the Special ADR Rules – Motion for Reconsideration
2. Rules 19.12 to 19.25 of the Special ADR Rules – Appeal to the Court of Appeals
3. Rules 19.26 to 19.35 of the Special ADR Rules – Special Civil Action for Certiorari
4. Rules 19.36 to 19.42 of the Special ADR Rules – Appeal by Certiorari to the Supreme Court

All allowable and applicable remedies from judicial issuances of expressio unios est exclusio alterius:
the RTC and the CA in ADR-related cases have been enumerated unless an intended judicial remedy is provided
in Rule 22.1 of the Special ADR Rules. for in the Special ADR rules, that remedy
cannot be availed of.

Hence, the judicial remedies provided for under Rule 19 of the Special ADR Rules should be distinguished
from those available against an order, action, inaction or award of an arbitrator, arbitral tribunal or mediator as
the case may be.

MOTION FOR RECONSIDERATION

A party aggrieved by a ruling of the RTC in an ADR-related proceeding, may file with the same RTC, a motion
for reconsideration from the following orders or rulings, within fifteen (15) days from receipt thereof.

The motion shall be in writing, filed with the court and served upon the party or parties who shall have non-
extendible period of fifteen (15) days from receipt thereof within which to file an opposition or comment. The
opposition or comment is the last pleading allowed to be filed.
Sophia Noreene A. Oñate WLC-School of Law
Alternative Dispute Resolution Judge Magsoling

The court shall resolve the motion for reconsideration within thirty (30) days from receipt of the opposition or

1. That the arbitration agreement is inexistent, invalid, or unforeseeable pursuant to Rule 3.10(B);
2. Upholding or reversing the arbitral tribunal’s jurisdiction pursuant to Rule 13.19;
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 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 international commercial arbitral award and referring the case
back to the arbitral tribunal;
10. Setting aside an international commercial arbitral award;
11. Dismissing the petition to set aside an international commercial arbitral award even if the court does not
recognize or enforce the same.
12. Recognizing and or enforcing, or dismissing a petition to recognize and/or enforce an international
commercial arbitral award;
13. Declining a request for assistance in taking evidence
14. Adjourning or deferring a ruling on a petition to set aside, recognize and/or enforce an international
commercial arbitral award.
15. Recognizing and/or enforcing a foreign arbitral award, or refusing recognition and/or enforcement of the
same; and,
comment or the expiration of the period to file the same.
No motion for reconsideration shall be allowed from the following rulings and orders of the RTC:
1. A prima facie determination upholding the existence, validity, and enforceability of an arbitration
agreement pursuant to Rule 3.1(A);
2. An order referring the dispute to an 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; and,
6. An order granting assistance in taking evidence.

No party shall be allowed a second motion for reconsideration.

APPEAL AND CERTIORARI: GENERAL PROVISIONS

The modes of review by the Court of Appeals and the Supreme Court of decisions or orders of the RTC are:
1. Ordinary appeal by notice of appeal under Rule 44 of the 1997 Rules of Civil Procedure to the Court of
Appeals on errors of fact, or mixed fact and law;
2. Petition for review to the Court of Appeals under Rule 42 of the 1997 Rules of Civil Procedure on
decisions of the Regional Trial Court rendered in the exercise of its appellate jurisdiction, on errors of
fact, or mixed fact, and law;
3. Appeal by certiorari (petition for review on certiorari) direct to the Supreme Court under Rule 45 of the
1997 Rules of Civil Procedure on pure questions of law; and,
4. Special civil action for certiorari (petition for certiorari) to the Court of Appeals under Rule 65 of the
1997 Rules of Civil Procedure on the ground of grave abuse of discretion amounting to lack or excess of
jurisdiction when there is no appeal or any plain, speedy, and adequate remedy under the ordinary
course of law.
Sophia Noreene A. Oñate WLC-School of Law
Alternative Dispute Resolution Judge Magsoling

In the allowable appeal or review in ADR-related cases, the appellate or reviewing court must take into account
the following principles, which should have been observed by the RTC whose order or decision is under review:
1. A party to arbitration is precluded from filing an appeal or a petition for certiorari questioning
the merits of an arbitral award.

This is because an agreement to refer a dispute to the arbitration is tantamount to an implied agreement
that the arbitral award shall be final and binding. The court shall not set aside or vacate an award merely
on the ground that the tribunal committed errors of fact or law, as the court cannot substitute its
judgment for that of the arbitral tribunal.

2. Appeals through petitions for review and special civil actions for certiorari from decisions of the
RTC are exceptional remedies.

They shall be allowed only in the instances provided under the Special ADR Rules and only in the
manner prescribed therein. They are mutually exclusive remedies such that recourse to one precludes
recourse to another.

3. As a general rule, the grounds and infirmities provided under RA No. 876, the Model Law, and
the Special ADR Rules for vacating or setting aside a domestic arbitral award or an international
commercial arbitral award, as the case may be, are exclusive.

No other ground can be raised therefor except if it amounts to a violation of public policy.

4. The court can deny recognition and enforcement of a foreign arbitral award only upon the
grounds provided for in Article VI of the New York Convention.

The court does not have a power to vacate or set aside a foreign arbitral award because it was rendered
by an entity outside the Philippine Jurisdiction.
APPEALS TO THE COURT OF APPEALS (PETITION FOR REVIEW)

An appeal from final orders and judgments of the RTC in ADR-related cases to the Court of Appeals under
Rules 19.12 to 19.25 of the Special ADR Rules is akin to a petition under Rule 42 of 1997 Rules of Civil
Procedure which is based on errors of fact, or mixed fact and law.

Under the Special ADR Rules, the petition for review to the Court of Appeals shall be allowed only from the
following orders of the 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 international commercial arbitral award;
(7) Dismissing the petition to set aside an international commercial arbitration award even if the court
does not decide to recognize or enforce such award;
(8) Recognizing and/or enforcing an international commercial arbitral award;
(9) Recognizing and/or enforcing a foreign arbitral award;
(10) Granting or dismissing a petition to enforce a deposited mediated settlement agreement; and,
(11) Reversing the ruling of the arbitral tribunal upholding its jurisdiction.
Sophia Noreene A. Oñate WLC-School of Law
Alternative Dispute Resolution Judge Magsoling

The appeal shall be filed within fifteen (15) days from notice of the decision of the RTC or the denial of the
petitioner’s motion for reconsideration, by filing a verified petition for review.

The Court of Appeals may give due course to the petition if it finds prima facie that the RTC has committed an
error that would warrant the reversal or modification of the judgment, final order, or resolution sought to be
reviewed. As such, the Court of Appeals may direct the transmittal of records, set the case for oral arguments,
require submission of memoranda, and render judgment.

The filing of the appeal under this Rule shall not stay the award, judgment, final order, or resolution sought to
be reviewed unless the Court of Appeals directs otherwise.
The party appealing the decision or final order of the RTC under the Special ADR Rules shall be
required to post a bond in favor of the prevailing party equal to the amount of the award. Otherwise,
the petition may be dismissed.

SPECIAL CIVIL ACTION FOR CERTIORARI

The special civil action for certiorari (petition for certiorari) from the orders, decisions, or judgments of the
RTC in ADR-related cases to the Court of Appeals is that referred to in Rules 19.26 to 19.35 of the Special
ADR Rules and not the petition under Rule 65 of the Rules of Court, although both are based on the same
grounds.

The special civil action for certiorari under the Special ADR Rules 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 an arbitration;
4) Granting or refusing an interim relief;
5) Denying a petition for the appointment of an arbitrator;
6) Confirming, vacating, or correcting a domestic arbitral award;
7) Suspending the proceedings to set aside an international commercial arbitral award and referring
the case back to the arbitral tribunal;
8) Allowing a party to enforce an international commercial arbitral award pending appeal;
9) Adjourning or deferring a ruling on whether to set aside, recognize and/or enforce an international
commercial arbitral award; and,
10) Denying a petition for assistance in taking evidence.

The special civil action for certiorari under the Special ADR Rules must be filed within fifteen (15) days from
notice of the judgment, order, or resolution sought to be annulled or set aside, without the benefit of any
extension of time to file the same.

The arbitral tribunal shall be named as a party although it is merely a nominal party. As a nominal party, the
arbitral tribunal is not required to file any submission to the court except if such filing or submission will serve
the interest of justice. Since Philippine courts do not have jurisdiction over the foreign arbitral tribunal, the

The filing of a special civil action for certiorari under the Special ADR Rules does not stay the
proceedings of the lower court or arbitral tribunal. The arbitral tribunal or the lower court,
notwithstanding the filing and pendency of a special civil action for certiorari may continue with the arbitral
proceedings and render an award thereon. However, the proceedings and award under this situation is
subject to the final outcome of the pending petition for certiorari.
Sophia Noreene A. Oñate WLC-School of Law
Alternative Dispute Resolution Judge Magsoling

arbitral tribunal shall not even be included as a nominal party, but it shall be notified of the proceedings and be
furnished with court processes.

Thus, the remedy of a party aggrieved by a final resolution or decision of the Court of Appeals in an ADR-
related case is to file a petition for review on certiorari with the Supreme Court under the ADR act.