The document outlines the process for Judicial Dispute Resolution (JDR) in Philippine courts. It describes:
1) How cases are prepared for JDR after an unsuccessful court annexed mediation, including checklists and disclosure forms.
2) The receipt of the case by the judge for JDR after mediation is unsuccessful.
3) The key steps of the JDR process itself, including an opening statement, the JDR conference, and potential settlement or non-settlement of the case.
The document provides guidelines for conducting Judicial Dispute Resolution (JDR) in Philippine courts, outlining the JDR process from initial case preparation and mediation to either settlement or non-settlement. JDR aims to resolve mediatable cases through a judge acting as mediator, conciliator, or neutral evaluator to facilitate settlement between parties. The document offers techniques for successful JDR, including having parties make uninterrupted presentations to identify interests and possible solutions.
Criminal procedure outlines the steps for apprehending, prosecuting, and punishing those accused of criminal offenses. It begins with the initial investigation of a crime and concludes with the release of the offender. Criminal procedure in the Philippines originated from Spanish law and was later influenced by American law and various acts passed by the Philippine Commission and Congress. The court system has both inquisitorial and accusatorial elements, with the judicial set-up being primarily accusatorial. Courts have jurisdiction as conferred by law over certain types of criminal cases and civil matters. Regional trial courts have broad original jurisdiction while the Court of Appeals and Supreme Court have appellate jurisdiction to review cases.
The document discusses the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) as it relates to the Philippines. It outlines 5 thematic objectives: 1) Implement the Anti-Torture Law of 2009, 2) Enhance preventive and protective mechanisms, 3) Heighten awareness of human rights, 4) Enact appropriate legislation, and 5) Ratify human rights instruments. It provides details on the implementation of the Anti-Torture Law and establishment of mechanisms to prevent torture and protect victims. It also discusses strategic indicators and baseline situations to measure progress towards these objectives.
This document summarizes key sections of the Philippine Bill of Rights. It discusses sections 1-11 which focus on people's rights, including the rights to life, liberty, property, equal protection, and due process. It also covers rights against unreasonable searches and seizures, privacy of communication, freedom of speech and assembly, freedom of religion, liberty of abode and travel, access to information, and rights to form unions and just compensation for private property taken for public use. The document provides analysis and examples for each constitutional right.
The lupon is the conciliation body in each barangay composed of the punong barangay as chair and 10-20 members appointed every 3 years. The lupon aims to settle disputes amicably through mediation and constitutes conciliation panels called pangkat ng tagapagkasundo for each dispute. The pangkat, composed of 3 members chosen by the parties, hears both sides and explores settlement within 15 days. The objectives of barangay conciliation include decongesting courts and promoting speedy justice through alternative dispute resolution at the barangay level.
Natural law refers to universal moral principles that govern human behavior. This presentation discusses the history and evolution of natural law from ancient Greece and Rome to modern times. It notes that natural law was distinguished from positive law in ancient times. Major philosophers like Aristotle emphasized distinguishing what is just by nature from what is just by convention. Natural law was an important legal concept that was developed further during Roman, Christian, Medieval, and Modern periods. The presentation concludes with discussing the relevance of natural law concepts in the Indian legal system and constitution.
Probation is when a convicted criminal offender is not sent to prison but is instead released under the supervision of a probation officer, subject to court-imposed conditions. Probation is a privilege, not a right, for adult offenders, though juveniles have a right to probation under Philippine law as an alternative to imprisonment if qualified. First-time offenders over 18 can apply for probation, unless they were sentenced to over 6 years in prison or convicted of certain serious crimes. Applications must be filed within 15 days of conviction in the court that issued the sentence. If approved, probation lasts up to 2 or 6 years depending on the original sentence. A probationer must report to their probation officer and not commit new offenses to avoid having probation revoked
This document is a memorandum submitted by the defendant's counsel in a civil case regarding ejectment. The plaintiff filed a complaint to eject the defendant from an apartment the defendant had been leasing. The defendant argues that the plaintiff has no cause of action because the lease contract presented by the plaintiff is fictitious. Additionally, the defendant asserts that the plaintiff's action is barred by the one-year statute of limitations for unlawful detainer cases. Finally, the defendant claims the complaint should be dismissed for lack of a proper certification against forum shopping. The defendant requests that the court dismiss the plaintiff's complaint.
The document provides guidelines for conducting Judicial Dispute Resolution (JDR) in Philippine courts, outlining the JDR process from initial case preparation and mediation to either settlement or non-settlement. JDR aims to resolve mediatable cases through a judge acting as mediator, conciliator, or neutral evaluator to facilitate settlement between parties. The document offers techniques for successful JDR, including having parties make uninterrupted presentations to identify interests and possible solutions.
Criminal procedure outlines the steps for apprehending, prosecuting, and punishing those accused of criminal offenses. It begins with the initial investigation of a crime and concludes with the release of the offender. Criminal procedure in the Philippines originated from Spanish law and was later influenced by American law and various acts passed by the Philippine Commission and Congress. The court system has both inquisitorial and accusatorial elements, with the judicial set-up being primarily accusatorial. Courts have jurisdiction as conferred by law over certain types of criminal cases and civil matters. Regional trial courts have broad original jurisdiction while the Court of Appeals and Supreme Court have appellate jurisdiction to review cases.
The document discusses the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) as it relates to the Philippines. It outlines 5 thematic objectives: 1) Implement the Anti-Torture Law of 2009, 2) Enhance preventive and protective mechanisms, 3) Heighten awareness of human rights, 4) Enact appropriate legislation, and 5) Ratify human rights instruments. It provides details on the implementation of the Anti-Torture Law and establishment of mechanisms to prevent torture and protect victims. It also discusses strategic indicators and baseline situations to measure progress towards these objectives.
This document summarizes key sections of the Philippine Bill of Rights. It discusses sections 1-11 which focus on people's rights, including the rights to life, liberty, property, equal protection, and due process. It also covers rights against unreasonable searches and seizures, privacy of communication, freedom of speech and assembly, freedom of religion, liberty of abode and travel, access to information, and rights to form unions and just compensation for private property taken for public use. The document provides analysis and examples for each constitutional right.
The lupon is the conciliation body in each barangay composed of the punong barangay as chair and 10-20 members appointed every 3 years. The lupon aims to settle disputes amicably through mediation and constitutes conciliation panels called pangkat ng tagapagkasundo for each dispute. The pangkat, composed of 3 members chosen by the parties, hears both sides and explores settlement within 15 days. The objectives of barangay conciliation include decongesting courts and promoting speedy justice through alternative dispute resolution at the barangay level.
Natural law refers to universal moral principles that govern human behavior. This presentation discusses the history and evolution of natural law from ancient Greece and Rome to modern times. It notes that natural law was distinguished from positive law in ancient times. Major philosophers like Aristotle emphasized distinguishing what is just by nature from what is just by convention. Natural law was an important legal concept that was developed further during Roman, Christian, Medieval, and Modern periods. The presentation concludes with discussing the relevance of natural law concepts in the Indian legal system and constitution.
Probation is when a convicted criminal offender is not sent to prison but is instead released under the supervision of a probation officer, subject to court-imposed conditions. Probation is a privilege, not a right, for adult offenders, though juveniles have a right to probation under Philippine law as an alternative to imprisonment if qualified. First-time offenders over 18 can apply for probation, unless they were sentenced to over 6 years in prison or convicted of certain serious crimes. Applications must be filed within 15 days of conviction in the court that issued the sentence. If approved, probation lasts up to 2 or 6 years depending on the original sentence. A probationer must report to their probation officer and not commit new offenses to avoid having probation revoked
This document is a memorandum submitted by the defendant's counsel in a civil case regarding ejectment. The plaintiff filed a complaint to eject the defendant from an apartment the defendant had been leasing. The defendant argues that the plaintiff has no cause of action because the lease contract presented by the plaintiff is fictitious. Additionally, the defendant asserts that the plaintiff's action is barred by the one-year statute of limitations for unlawful detainer cases. Finally, the defendant claims the complaint should be dismissed for lack of a proper certification against forum shopping. The defendant requests that the court dismiss the plaintiff's complaint.
This document contains 30 multiple choice questions about criminal law and procedure in the Philippines. It tests knowledge on topics like the different types of court records, rules around summary procedure, definitions of key terms like venue and trial, reasons for postponing trials, requirements for search warrants and probable cause determinations, when warrants are not necessary, pleas and arraignment procedures, and doctrines around illegally obtained evidence. It provides answers to each question in a multiple choice format.
Advantages and Disadvantages of Arbitration and MediationDementian Guschov
Dementian Guschov is the president and CEO of Andover Group and has over 30 years of experience presiding over hundreds of mediation and arbitration cases in construction, engineering, and design industries. Mediation allows parties to settle issues without litigation but they can withdraw at any time, while arbitration has a binding decision from the panel. Mediation tends to be faster but more personal, while arbitration is more formal like a courtroom but can provide a one-sided ruling.
NCMF PARALEGAL TRAINING MANUAL (MODULE 5)Mcypp Ncmf
This document provides an overview of basic constitutional rights in the Philippines based on Module 5 of the NCMF Paralegal Training Program. It discusses the right to due process under the Philippine Constitution, including equal protection, presumption of innocence and aspects of substantive and procedural due process. It also summarizes rights against unreasonable searches and seizures, lawful arrest with and without a warrant, searches and seizures, peaceful assembly and freedom of speech, free exercise of religion, just compensation, access to justice and rights of persons under criminal investigation.
This document discusses the rules and procedures regarding preliminary investigations in the Philippines according to Rule 112 of the Rules of Court. It defines a preliminary investigation as an inquiry to determine if there is probable cause that a crime has been committed and the respondent is guilty. Preliminary investigations are required for offenses with penalties of at least 4 years and are conducted by prosecutors, judges, and other authorized officers in an inquisitorial manner. Their purpose is to preserve evidence and determine if a case should be filed in court. The rights and procedures related to preliminary investigations are further discussed.
The document summarizes key provisions of RA 9165, also known as the Comprehensive Dangerous Drugs Act of 2002 in the Philippines. It outlines unlawful acts related to dangerous drugs and their corresponding penalties, which include life imprisonment, death, and large fines. Acts such as importation, sale, possession, and cultivation of dangerous drugs are prohibited. The summary also discusses penalties for related offenses committed by government officials and employees.
The document discusses rules and procedures related to motions for new trial or reconsideration in criminal cases. It outlines the grounds for granting a new trial, such as errors during the trial or newly discovered evidence. It also discusses exceptions, such as recantation by a witness generally not being sufficient for a new trial. The effects of granting a new trial and procedures for appeals are also covered.
This document provides an overview of the judicial process and court system in the United States. It defines key terms related to courts and jurisdiction. The document describes the structure of the federal court system and state court systems. It explains the different types of jurisdiction that courts can exercise. The document also provides details about civil litigation procedures, from commencing an action to discovery, trials, appeals and enforcing judgments. It discusses standards of appellate review and the role of the U.S. Supreme Court. The document also briefly introduces the concepts of cyberjurisdiction and electronic filing in courts.
This document discusses different types of jurisdiction in legal cases. It explains that pecuniary jurisdiction is determined by the valuation of the subject matter involved in the case. Territorial jurisdiction for cases involving immovable property is discussed in sections 16-18, while section 19 covers territorial jurisdiction for movable property and compensation cases. The key factors determining territorial jurisdiction are where the wrong was committed, where the defendant resides or works, and the plaintiff's option to choose the court. Lack of proper jurisdiction would result in the case being nullified.
Criminal procedure in the Philippines mandates that a pre-trial conference be held within 30 days of arraignment unless a special law specifies a shorter period. The pre-trial conference can only be held with the agreement of the accused and their counsel. Considerations during the pre-trial conference include plea bargaining, stipulating facts, identifying evidence, and modifying the trial order. Agreements made during pre-trial must be in writing and signed or they cannot be used against the accused. The court will issue an order after pre-trial outlining the actions, stipulated facts, and marked evidence, which then binds the parties and guides the trial.
This document provides an overview of corrections in the Philippines, including both institution-based and non-institution based (community-based) corrections. It discusses the five pillars of the criminal justice system - law enforcement, prosecution, courts, corrections, and community. Corrections aims to punish offenders, protect the public, rehabilitate offenders, and compensate victims. Institution-based corrections involves imprisonment, while non-institution based involves probation, parole, and executive clemency. The document provides brief histories and processes for parole, probation, and executive clemency in the Philippines. It also discusses rehabilitation programs offered by the Parole and Probation Administration and other agencies.
2022 Preweek Reviewer in Labor Law by Dean Poquiz.pdfMariaKatrinaSales
This document summarizes key principles of Philippine labor law as outlined by Dean Salvador A. Poquiz. It covers:
1) Basic principles of labor law including construction in favor of labor and protection of labor.
2) Employer-employee relationships and tests to determine such relationships.
3) Management prerogatives including discipline, dismissal, transfers and work rules.
4) Illegal recruitment practices and remedies.
5) Remedies for violations of labor standards including money claims.
6) Distinctions between permissible job contracting versus prohibited labor-only contracting.
7) Security of tenure and the rights of employees in cases of dismissal with or without due process.
The document discusses two writs: the writ of habeas corpus and the writ of amparo. The writ of habeas corpus allows a court to order a detainee to be brought before the court to determine if the detention is lawful. The privilege of the writ can be suspended by the President during times of invasion, rebellion, or when public safety requires it. The writ of amparo protects individuals from violations of their rights to life, liberty, or security by public or private entities and allows courts to issue orders to investigate such violations.
This document discusses ex-parte proceedings and the procedure for setting aside ex-parte orders and decrees. It begins with introducing key concepts like natural justice, remedies for wrongs, and provisions in the Code of Civil Procedure regarding party appearance and non-appearance. It then defines key terms like suit, pleadings, summons, ex-parte, and decree. It discusses the objectives of pleadings and distinguishes between decrees and orders. Finally, it covers appearance and non-appearance of parties, noting that appearance can be made in person or through a representative and is necessary to submit to the court's jurisdiction.
This document discusses the nature and scope of private international law (also known as conflict of laws). It notes that courts sometimes must handle cases with foreign elements, such as parties from different countries or contracts signed in another jurisdiction. In these situations, courts must determine if they have jurisdiction, whether to apply foreign or domestic law, and if/when to recognize foreign judgments. There are no uniform rules on these issues internationally. The document outlines some of the key questions that private international law addresses and notes that uniformity of laws across borders would reduce conflicts but is difficult to achieve in practice.
This document summarizes the different types of aggravating circumstances under Philippine law based on Article 14 of the Revised Penal Code. It discusses 4 kinds of aggravating circumstances - generic, qualifying, special/specific, and inherent. It provides examples and details on how each aggravating circumstance increases penalty. Distinctions between aggravating and mitigating circumstances are also explained. Specific aggravating circumstances covered include abuse of position, public authority, age/sex, nighttime, band, habitual delinquency, premeditation, and cruelty.
The document discusses alternative dispute resolution (ADR) methods in India. It describes arbitration as a process where disagreeing parties agree to be bound by a third party's decision. Mediation involves a third party helping the two sides reach a settlement. Laws like the Civil Procedure Code and Arbitration and Conciliation Act promote ADR methods like lok adalats and consumer forums to provide faster and cheaper resolution compared to litigation. Common ADR methods mentioned are arbitration, mediation, conciliation, lok adalats and consumer redressal forums.
The document discusses the Katarungang Pambarangay (Barangay Justice System) in the Philippines according to the Local Government Code. It provides conciliation and mediation services at the local level to resolve disputes in order to reduce the caseload of formal courts. The system is administered by the Lupong Tagapamayapa, which includes the Barangay Captain and volunteer members. They form Pangkat ng Tagapagkasundo conciliation panels to hear cases and facilitate agreements between disputing parties in the community. The Katarungang Pambarangay provides a free, local system for justice that aims to support the needs of the poor.
The document discusses the local legislative process and powers of the Sanggunian in the Philippines. It defines local legislation as both a power granted to the Sanggunian to enact ordinances and approve resolutions, as well as an ongoing process of interaction between the Sanggunian and other local governance actors. The legislative powers are vested in the Sanggunian as a collective body. Key powers and functions of the Sanggunian include appropriating funds, generating revenue, oversight, regulation, and legislation. The document outlines the legislative process from measure introduction to approval or veto. It also discusses Sanggunian sessions, rules of procedure, and the effectivity of ordinances and resolutions.
The document discusses the Katarungang Pambarangay, which aims to settle disputes amicably at the barangay level through mediation, conciliation, and arbitration. It is handled by the Lupong Tagapamayapa, headed by the Punong Barangay. Some cases that can be filed under the Katarungang Pambarangay include slight injuries, trespassing, threats, theft, and estafa. However, cases involving the government, public offices, real estate across jurisdictions, corporations, and disputes requiring urgent action cannot go through the Katarungang Pambarangay and must be filed directly with the courts. Failure to participate in barangay conciliation
This document discusses arbitration and environmental protection laws in India. It provides an overview of the Arbitration and Conciliation Act of 1996, including objectives to minimize court oversight of arbitrations and enforce arbitration awards like court decrees. It outlines benefits for parties in arbitration, such as choosing arbitrators and procedures. The document also discusses appropriate and inappropriate matters for arbitration, and proposed amendments to the Act. Additionally, it covers environmental control legislation and the responsibilities and processes involved in obtaining environmental clearances for projects in India.
15 March 2016 - Law Institute of Victoria conference presentation.Andrew Downie
Here are the slides from my presentation to the 2016 Law Institute of Victoria conference 17 March 2016. The topic is "Recent Developments in Commercial Litigation: Case Law and Court Procedure".
This document contains 30 multiple choice questions about criminal law and procedure in the Philippines. It tests knowledge on topics like the different types of court records, rules around summary procedure, definitions of key terms like venue and trial, reasons for postponing trials, requirements for search warrants and probable cause determinations, when warrants are not necessary, pleas and arraignment procedures, and doctrines around illegally obtained evidence. It provides answers to each question in a multiple choice format.
Advantages and Disadvantages of Arbitration and MediationDementian Guschov
Dementian Guschov is the president and CEO of Andover Group and has over 30 years of experience presiding over hundreds of mediation and arbitration cases in construction, engineering, and design industries. Mediation allows parties to settle issues without litigation but they can withdraw at any time, while arbitration has a binding decision from the panel. Mediation tends to be faster but more personal, while arbitration is more formal like a courtroom but can provide a one-sided ruling.
NCMF PARALEGAL TRAINING MANUAL (MODULE 5)Mcypp Ncmf
This document provides an overview of basic constitutional rights in the Philippines based on Module 5 of the NCMF Paralegal Training Program. It discusses the right to due process under the Philippine Constitution, including equal protection, presumption of innocence and aspects of substantive and procedural due process. It also summarizes rights against unreasonable searches and seizures, lawful arrest with and without a warrant, searches and seizures, peaceful assembly and freedom of speech, free exercise of religion, just compensation, access to justice and rights of persons under criminal investigation.
This document discusses the rules and procedures regarding preliminary investigations in the Philippines according to Rule 112 of the Rules of Court. It defines a preliminary investigation as an inquiry to determine if there is probable cause that a crime has been committed and the respondent is guilty. Preliminary investigations are required for offenses with penalties of at least 4 years and are conducted by prosecutors, judges, and other authorized officers in an inquisitorial manner. Their purpose is to preserve evidence and determine if a case should be filed in court. The rights and procedures related to preliminary investigations are further discussed.
The document summarizes key provisions of RA 9165, also known as the Comprehensive Dangerous Drugs Act of 2002 in the Philippines. It outlines unlawful acts related to dangerous drugs and their corresponding penalties, which include life imprisonment, death, and large fines. Acts such as importation, sale, possession, and cultivation of dangerous drugs are prohibited. The summary also discusses penalties for related offenses committed by government officials and employees.
The document discusses rules and procedures related to motions for new trial or reconsideration in criminal cases. It outlines the grounds for granting a new trial, such as errors during the trial or newly discovered evidence. It also discusses exceptions, such as recantation by a witness generally not being sufficient for a new trial. The effects of granting a new trial and procedures for appeals are also covered.
This document provides an overview of the judicial process and court system in the United States. It defines key terms related to courts and jurisdiction. The document describes the structure of the federal court system and state court systems. It explains the different types of jurisdiction that courts can exercise. The document also provides details about civil litigation procedures, from commencing an action to discovery, trials, appeals and enforcing judgments. It discusses standards of appellate review and the role of the U.S. Supreme Court. The document also briefly introduces the concepts of cyberjurisdiction and electronic filing in courts.
This document discusses different types of jurisdiction in legal cases. It explains that pecuniary jurisdiction is determined by the valuation of the subject matter involved in the case. Territorial jurisdiction for cases involving immovable property is discussed in sections 16-18, while section 19 covers territorial jurisdiction for movable property and compensation cases. The key factors determining territorial jurisdiction are where the wrong was committed, where the defendant resides or works, and the plaintiff's option to choose the court. Lack of proper jurisdiction would result in the case being nullified.
Criminal procedure in the Philippines mandates that a pre-trial conference be held within 30 days of arraignment unless a special law specifies a shorter period. The pre-trial conference can only be held with the agreement of the accused and their counsel. Considerations during the pre-trial conference include plea bargaining, stipulating facts, identifying evidence, and modifying the trial order. Agreements made during pre-trial must be in writing and signed or they cannot be used against the accused. The court will issue an order after pre-trial outlining the actions, stipulated facts, and marked evidence, which then binds the parties and guides the trial.
This document provides an overview of corrections in the Philippines, including both institution-based and non-institution based (community-based) corrections. It discusses the five pillars of the criminal justice system - law enforcement, prosecution, courts, corrections, and community. Corrections aims to punish offenders, protect the public, rehabilitate offenders, and compensate victims. Institution-based corrections involves imprisonment, while non-institution based involves probation, parole, and executive clemency. The document provides brief histories and processes for parole, probation, and executive clemency in the Philippines. It also discusses rehabilitation programs offered by the Parole and Probation Administration and other agencies.
2022 Preweek Reviewer in Labor Law by Dean Poquiz.pdfMariaKatrinaSales
This document summarizes key principles of Philippine labor law as outlined by Dean Salvador A. Poquiz. It covers:
1) Basic principles of labor law including construction in favor of labor and protection of labor.
2) Employer-employee relationships and tests to determine such relationships.
3) Management prerogatives including discipline, dismissal, transfers and work rules.
4) Illegal recruitment practices and remedies.
5) Remedies for violations of labor standards including money claims.
6) Distinctions between permissible job contracting versus prohibited labor-only contracting.
7) Security of tenure and the rights of employees in cases of dismissal with or without due process.
The document discusses two writs: the writ of habeas corpus and the writ of amparo. The writ of habeas corpus allows a court to order a detainee to be brought before the court to determine if the detention is lawful. The privilege of the writ can be suspended by the President during times of invasion, rebellion, or when public safety requires it. The writ of amparo protects individuals from violations of their rights to life, liberty, or security by public or private entities and allows courts to issue orders to investigate such violations.
This document discusses ex-parte proceedings and the procedure for setting aside ex-parte orders and decrees. It begins with introducing key concepts like natural justice, remedies for wrongs, and provisions in the Code of Civil Procedure regarding party appearance and non-appearance. It then defines key terms like suit, pleadings, summons, ex-parte, and decree. It discusses the objectives of pleadings and distinguishes between decrees and orders. Finally, it covers appearance and non-appearance of parties, noting that appearance can be made in person or through a representative and is necessary to submit to the court's jurisdiction.
This document discusses the nature and scope of private international law (also known as conflict of laws). It notes that courts sometimes must handle cases with foreign elements, such as parties from different countries or contracts signed in another jurisdiction. In these situations, courts must determine if they have jurisdiction, whether to apply foreign or domestic law, and if/when to recognize foreign judgments. There are no uniform rules on these issues internationally. The document outlines some of the key questions that private international law addresses and notes that uniformity of laws across borders would reduce conflicts but is difficult to achieve in practice.
This document summarizes the different types of aggravating circumstances under Philippine law based on Article 14 of the Revised Penal Code. It discusses 4 kinds of aggravating circumstances - generic, qualifying, special/specific, and inherent. It provides examples and details on how each aggravating circumstance increases penalty. Distinctions between aggravating and mitigating circumstances are also explained. Specific aggravating circumstances covered include abuse of position, public authority, age/sex, nighttime, band, habitual delinquency, premeditation, and cruelty.
The document discusses alternative dispute resolution (ADR) methods in India. It describes arbitration as a process where disagreeing parties agree to be bound by a third party's decision. Mediation involves a third party helping the two sides reach a settlement. Laws like the Civil Procedure Code and Arbitration and Conciliation Act promote ADR methods like lok adalats and consumer forums to provide faster and cheaper resolution compared to litigation. Common ADR methods mentioned are arbitration, mediation, conciliation, lok adalats and consumer redressal forums.
The document discusses the Katarungang Pambarangay (Barangay Justice System) in the Philippines according to the Local Government Code. It provides conciliation and mediation services at the local level to resolve disputes in order to reduce the caseload of formal courts. The system is administered by the Lupong Tagapamayapa, which includes the Barangay Captain and volunteer members. They form Pangkat ng Tagapagkasundo conciliation panels to hear cases and facilitate agreements between disputing parties in the community. The Katarungang Pambarangay provides a free, local system for justice that aims to support the needs of the poor.
The document discusses the local legislative process and powers of the Sanggunian in the Philippines. It defines local legislation as both a power granted to the Sanggunian to enact ordinances and approve resolutions, as well as an ongoing process of interaction between the Sanggunian and other local governance actors. The legislative powers are vested in the Sanggunian as a collective body. Key powers and functions of the Sanggunian include appropriating funds, generating revenue, oversight, regulation, and legislation. The document outlines the legislative process from measure introduction to approval or veto. It also discusses Sanggunian sessions, rules of procedure, and the effectivity of ordinances and resolutions.
The document discusses the Katarungang Pambarangay, which aims to settle disputes amicably at the barangay level through mediation, conciliation, and arbitration. It is handled by the Lupong Tagapamayapa, headed by the Punong Barangay. Some cases that can be filed under the Katarungang Pambarangay include slight injuries, trespassing, threats, theft, and estafa. However, cases involving the government, public offices, real estate across jurisdictions, corporations, and disputes requiring urgent action cannot go through the Katarungang Pambarangay and must be filed directly with the courts. Failure to participate in barangay conciliation
This document discusses arbitration and environmental protection laws in India. It provides an overview of the Arbitration and Conciliation Act of 1996, including objectives to minimize court oversight of arbitrations and enforce arbitration awards like court decrees. It outlines benefits for parties in arbitration, such as choosing arbitrators and procedures. The document also discusses appropriate and inappropriate matters for arbitration, and proposed amendments to the Act. Additionally, it covers environmental control legislation and the responsibilities and processes involved in obtaining environmental clearances for projects in India.
15 March 2016 - Law Institute of Victoria conference presentation.Andrew Downie
Here are the slides from my presentation to the 2016 Law Institute of Victoria conference 17 March 2016. The topic is "Recent Developments in Commercial Litigation: Case Law and Court Procedure".
This newsletter article summarizes two main topics:
1) It discusses a new option for investors to resolve disputes with registered investment advisors (RIAs) through voluntary FINRA arbitration rather than litigation. Arbitration is typically less expensive but provides limited discovery compared to court. Lawyers must consider these factors when deciding the best forum.
2) It provides tips for firms on conducting a compliance project during the typically quieter summer market period. Suggestions include evaluating the firm's compliance program, prioritizing projects that increase efficiencies, and selecting one or two meaningful projects to focus on rather than avoiding all projects.
This document discusses guidelines for granting bail in criminal cases in India. It begins by providing context on the large number of undertrials in Indian jails. It then discusses categorizing offenses to provide guidelines for bail. It defines key terms like "trial", "bail", and emphasizes that bail is the rule and jail is the exception based on principles of personal liberty in the Indian Constitution. It provides guidance for courts to take a broader view of "trial" and liberally grant bail at later stages of investigation and trial in suitable cases. The document aims to ease the bail process while keeping judicial discretion.
This document discusses sources of civil procedure in Malaysia. It covers statutes like the Civil Law Act, Limitation Act, Subordinate Courts Act; court rules like Rules of Court 2012; and precedents from previous court decisions.
The key points covered are:
1) The main sources of civil procedure include Acts of Parliament, court rules, practice directions issued by the courts, and precedents from previous case law.
2) Acts establish limitation periods for different causes of action and define the jurisdiction of different courts. Court rules outline procedures for civil cases.
3) Practice directions provide administrative guidance on court procedures. Precedents from past cases become sources of procedural law.
4) For a legal action to
Technique of Drafting International AgreementsLawPlus Ltd.
Kowit Somwaiya of LawPlus Ltd. discusses techniques for drafting international agreements. He outlines key factors to consider like parties, execution, risks, and termination. When drafting, agreements should determine practical structures, address legal issues in different jurisdictions, and include key commercial elements. Best practices for negotiation include knowing the other parties, seeking legal advice, and using various communication methods. Agreements should also include mechanisms to manage risks and disputes, such as arbitration clauses.
QUESTIONSALC fraud1. Describe in simple language and in detail.docxmakdul
QUESTIONS
ALC fraud
1. Describe in simple language and in detail, the purpose of the fraud. (e.g. why did they do it?)
2. What is the auditor’s responsibility with respect to debt covenants when opining on financial statements? What are the financial covenants with Ventas as you understand them from the case? What is the purpose of financial covenants from a lessor’s perspective?
3. What was the impact on the financial statements from the fraud? i.e. what would the statements have looked like if management did not commit fraud and reported truthfully? What would have been the implications to ALC?
4. What evidence was provided to GT from ALC management to support their practice for the 2009 audit? Was this sufficient? – “No”. What evidence was included in the GT workpapers? What evidence could have been sufficient for the auditor’s to conclude that management’s practice was acceptable and authorized by Ventas?
5. From your reading of the SEC documents, please provide examples of failures on the part of the lead engagement partner with respect to his/her audit of ALC? One way to approach this question is to provide a comparison of what she did do, vs. what she should have done. Be as specific as possible.
6. In the not-too-distant future, you will be “junior auditors” as identified in this case study. What could/should the junior auditors have done differently in the 2009 and 2010 audits performed by GT?
7. Using examples from this case, why is it important for an auditor to understand a client’s business operations? Were other signs of fraud present?
8. What did this fraud cost ALC and GT? Think big picture in this response.
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934
Release No. 76537 / December 2, 2015
ACCOUNTING AND AUDITING ENFORCEMENT
Release No. 3719 / December 2, 2015
ADMINISTRATIVE PROCEEDING
File No. 3-16977
In the Matter of
Melissa K. Koeppel, CPA, and
Jeffrey J. Robinson, CPA,
Respondents.
ORDER INSTITUTING PUBLIC
ADMINISTRATIVE AND CEASE-AND-
DESIST PROCEEDINGS PURSUANT TO
SECTIONS 4C AND 21C OF THE
SECURITIES EXCHANGE ACT OF 1934,
AND RULE 102(e) OF THE
COMMISSION’S RULES OF PRACTICE,
MAKING FINDINGS, AND IMPOSING
REMEDIAL SANCTIONS AND A CEASE-
AND-DESIST ORDER
I.
The Securities and Exchange Commission (“Commission”) deems it appropriate that public
administrative and cease-and-desist proceedings be, and hereby are, instituted pursuant to
Sections 4C
1
and 21C of the Securities Exchange Act of 1934 (“Exchange Act”) and Rule
102(e)(1)(ii) of the Commission’s Rules of Practice
2
against Melissa K. Koeppel, CPA
(“Koeppel”) and Jeffrey J. Robinson, CPA (“Robinson”) (collectively, “Respondents”).
1
Section 4C provides, in relevant part, that:
The Commission may censure any person, or deny, temporarily or permanently,
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JDR guide
1. TABLE OF CONTENTS
JDR GUIDE
THE JDR GUIDE
Operations Manual For Judicial Dispute Resoluton (JDR)
in the First And Second Level Courts of the Philippine Judicial System
(Feb. 10, 2006 ver.)
Foreword i
I. JDR Flow Charts 1
A. Flow Chart for Civil Cases undergoing JDR
B. Flow Chart for Criminal Cases undergoing JDR
C. Flow Chart for Commercial Courts Cases undergoing JDR
II. Scope of Mediatable Cases for JDR 5
III. The JDR Process 7
A. Preparing for JDR
Case management during Court Annexed Mediation
Receiving the Case for JDR
B. Opening Statement
C. JDR Proper
D. Settlement of Cases through JDR
E. Non-settlement of Cases through JDR
IV. Techniques for a Successful JDR 14
V. Situations, Strategies and Options 17
VI. Ethics 22
VII. Social Context Issues 23
VIII. Data Gathering and Performance Management 24
Appendix
Annex A: Sample Opening Statement 26
Annex B: Circulars 29
A.M. No. 04-1-12-SC – Guidelines for the implementation of an
enhanced pre-trial proceeding through conciliation and neutral
evaluation
Proposed Circular amending A.M. No. 04-1-12-SC for the
implementation of an enhanced pre-trial proceeding under the
Justice Reform Initiatives Support (JURIS) Project
2. TABLE OF CONTENTS
JDR GUIDE
Annex C: Sample Forms 38
PMC Form 1-A – Order to Referral to PMC with Disclosure Form
Form No. 1- Disclosure Form – on cases related to or connected
with the case under JDR
Form No. 2 – Notice to Parties for JDR Conference
Form No. 3 - Order of Referral to PMC for Court Annexed
Mediation with Predetermined Date for JDR Conference
Form No. 4- Brief on CAM and JDR for Lawyers
Form No. 5- Waiver on the Right to Re-assignment of Case for
Purposes of Trial
3. FOREWORD
JDR GUIDE i
FOREWORD
Background on JDR. The Judicial Dispute Resolution (JDR) feature of the ADR
Model Courts under the JURIS Project represents a major innovation in
Philippine court procedure that is currently being pilot tested in five court sites in
the country (San Fernando Pampanga, Bacolod City, San Fernando La Union,
Cagayan de Oro and Baguio City).
By introducing JDR into the Philippine court system, it is hoped that mediation
and conciliation at the level of the judge would contribute significantly to the
resolution of mediatable cases, thereby increasing the satisfaction of litigants in
the court process and also helping to decongest the dockets of the judiciary.
Objectives. This JDR Guide has been formulated to increase the understanding
of the judges in the model court sites on the process of JDR, the best practices
that could be adopted and also as an educational tool for judges involved in both
court annexed mediation (CAM) and JDR.
How to Use this Guide. This JDR Guide is intended as a handy reference, a
personal aid for the use of all judges involved in JDR. It has been divided into
tabbed sections that reflect the concerns of judges. It presents the general
guidelines that judges may follow for the entire JDR process as well as various
issues and concerns that impinge on that process. For easy reading, the texts
for Parts II, III, and IV have been written using key words, phrases, and short
paragraphs and sentences.
While this Guide prescribes the fixed sequential steps for JDR, the judge is
allowed some flexibility during the JDR process to apply his/her own personal
style and approaches that he/she deems best under certain conditions, provided
these are not in conflict with the principles of JDR.
Where appropriate, the legal basis for the JDR process and roles of the JDR
judge have been cross-referenced with footnotes. The relevant issuances and
documents have been reproduced in the appendix for reference. Where some
aspects of the Guide are still proposals awaiting Supreme Court approval, such
has been indicated.
A Note on Reflective Practice. Considering that JDR is being pilot-tested, there
is a need for judges involved to continually reflect on what has been done and
what is being practiced in order to refine JDR and make adjustments for
increased effectiveness. To facilitate this, some writing space has been allotted
on the right side of the page where the judge may write his/her insights,
observations and suggestions for a better application of JDR.
4. SCOPE OF MEDIATABLE CASES
JDR GUIDE 5
II. SCOPE OF MEDIATABLE CASE FOR JDR
A. Mediatable Cases
Under AM No. 01-10-5-SC-PHILJA
1. All civil cases, settlement of estates, and cases covered by the Rule on
Summary Procedure, except those which by law may not be
compromised;
2. Cases cognizable by the Lupong Tagapamayapa under the
Katarungang Pambarangay Law;
3. The civil aspect of B.P. 22 cases;
4. The civil aspect of quasi-offenses under Title 14 of the Revised Penal
Code.
Under the revised Rule 141 on legal fees which took effect August
16, 2004
5. The civil aspect of estafa and libel
Under the proposed circular amending A.M. No. 04-1-12-SC
6. Theft of small property considered as shoplifting
B. Cases covered by the Rule on Summary Procedure
1. Ejectment and unlawful detainer/ forcible entry;
2. Money claims where the amount involved is not more than Php
100,000.00;
3. Criminal cases like violation of traffic law, rules and regulations;
4. Violation of municipal or city ordinance; and,
5. Other criminal offenses where the penalty prescribed by law for the
offense charged does not exceed one (1) year imprisonment or a fine
not exceeding Php 5,000.00 or both fine and imprisonment.
N.B: Items (3) and (4) although included in the list of cases under
summary procedure, should not be mediated for the following reasons:
i. There are criminal offense which cannot be compromised; and
ii. It might be a source of corruption if mediation pushes through.
5. SCOPE OF MEDIATABLE CASES
JDR GUIDE 6
C. Cases cognizable by the Lupong Tagapamayapa under the
Katarungang Pambarangay Law;
The Lupon of each Barangay shall have authority to bring together the
parties actually residing in the same city or municipality for amicable
settlement of all disputes.
EXCEPTIONS:
1. Where one (1) party is the government or agency or instrumentality
thereof;
2. Where one (1) party is a public officer or employee, and the dispute
relates to the performance of this official function;
3. Offenses punishable by imprisonment exceeding one (1) year or a
fine exceeding five (5) thousand pesos (Php 5,000.00) or both;
4. Offenses where there is no private offended party;
5. Where the dispute involves real properties located in different cities or
municipalities unless the parties thereto agree to submit their
differences to amicable settlement by an appropriate Lupon;
6. Disputes involving parties who actually reside in barangays of
different cities or municipalities, except where such barangays adjoin
each other and the parties thereto agree to submit their differences to
amicable settlement by an appropriate Lupon; and,
7. Such other cases or disputes that the President may determine in the
interest of justice or upon the recommendation of the Secretary of
Justice
D. Quasi Offenses
Examples of quasi offenses:
1. Cases covered are acts committed by reckless or simple imprudence
or negligence resulting for example in slight, less serious or serious
physical injuries;
2. Imprudence resulting in damage to property; and,
3. Reckless or simple imprudence with violation of the motor vehicle
law.
6. THE PROCESS OF JDR
JDR GUIDE 7
III. THE PROCESS OF JUDICIAL DISPUTE RESOLUTION (JDR)
START The actual JDR process starts from the time the Branch Clerk of
Court receives the Mediator’s Report of a “Not Settled” mediation.
END The end of the JDR process consists of the disposition of the case
after the JDR, either in a judgment approved by the court through
compromise agreement, or the referral of the case to the Office of the Clerk of
Court, for raffle to the trial judge, for purposes of pre-trial proper and trial.
A. Preparing for JDR
1. Case management during CAM
1.1. Cases that are well managed during court annexed
mediation would result in fewer cases going to JDR.
1.2. ORIENTATION The judge should orient the parties on
the function of court annexed mediation and JDR prior to
referral to the PMC, especially in cases where the
lawyers or the parties seem not to be aware of the
referral procedure.
1.3. CHECKLIST prior to referral of the case to CAM
pre-trial briefs submitted by parties?
Mediation fees paid?
Other cases related to the case at bar in other courts,
which may affect the mediation/ JDR process?
1.4. DISCLOSURE OF OTHER CASES The judge may
utilize the sample PMC Form 1-A which serves several
purposes:
• Refers the case to the PMC for mediation
• Requires the parties to disclose other cases which are
pending and which are related to, or will materially
affect, the ongoing mediation. (See Sample Form
PMC Form 1-A)
1.5. BRIEF ON CAM AND JDR The judge may also make
available a brief on CAM/JDR for the information of
lawyers seemingly unaware of the process. (See Sample
Form No. 4)
7. THE PROCESS OF JDR
JDR GUIDE 8
1.6. SUGGESTION: Judge may also schedule the JDR at
some future date (e.g., 65 days after the first appearance
at the PMC, in order to secure their presence and
eliminate the need for notice for JDR conference.
1.7. ROLE OF THE JUDGE DURING CAM:
• exercise supervision over the case by ensuring that
the mediation is terminated not later than 60 days from the
referral date.
• act on motions or requests for extension of the time to
mediate from 30 to 60 days;
• impose the necessary sanctions if warranted upon the
recommendation of the mediators, for parties who are
absent during mediation proceedings.
Sanctions allowed under Rule 18 of the Rules of Court
consist of a) dismissing the suit for failure of the plaintiff to
appear; or b) allowing the plaintiff to present his evidence ex
parte if the defendant fails to appear in mediation
conferences.
2. Receiving the Case for JDR
2.1. RETURN OF THE CASE. The PMC returns the case
unsettled to the judge, and the Branch Clerk of Court informs
the judge and schedules it for JDR.
2.2. NOTICE to parties should be given (if one has not be
given during the referral to CAM) for the JDR conference
(see Sample Form No.2)
2.3. PREPARING FOR JDR Review files, pre-trial briefs and
prepare questions (may use conflict map worksheet showing
sides of parties on issues, their interests, the options, and
objective criteria).
B. STARTING THE JDR CONFERENCE
1. Before Start of JDR
• Wear regular civilian clothes, not judge’s robe;
8. THE PROCESS OF JDR
JDR GUIDE 9
• Choose venue where confidentiality may be preserved not open
to the public (chamber or courtroom; ideal is a settlement
conference room);
• Sit at lawyer’s table if in the courtroom;
• Seat parties next to you (make parties and lawyers comfortable
with friendly/relaxing atmosphere).
2. Opening Statement
The opening statement has the following purposes or objectives:
a) Informing the parties on what the JDR process is all about, what is
the role of the judge and the parties (and their counsels) and how long it
would take;
b) Provide an opportunity for the parties to ask questions on things
that may be unclear on the process;
c) Eventually, put the minds and heart of the parties at ease in order
that the JDR process could be more productive and meaningful
The opening statement may contain these points:
• Introduce himself/ herself, welcomes them to the court and brief
parties on JDR especially on confidentiality and time frame (60
days for RTC, 30 0days for MTCC);
• Explain role of judge as a mediator, conciliator, neutral evaluator;
• Emphasize the role of the parties in seeking the solutions for their
dispute; and the assisting role of the lawyers in such a search;
• Explain JDR process and parts they need to know in advance like
caucusing, if caucusing will be used;
• Explain advantages of JDR and disadvantages of a full-blown trial
(i.e. different trial judge);
• Stress that compromise agreement is final and executory;
• Inform that parties may settle on their own and court may approve;
• Explain role of parties and authority of parties to make decisions
(spokesperson needed if litigants are many);
9. THE PROCESS OF JDR
JDR GUIDE 10
• Ask parties if they have any questions.
(Please refer to the sample opening statement found in the annex)
NOTES ON OPENING STATEMENT
10. THE PROCESS OF JDR
JDR GUIDE 11
NOTES ON OPENING STATEMENT
11. THE PROCESS OF JDR
JDR GUIDE 12
C. JDR Proper
1. Judge acts as the mediator, conciliator and neutral evaluator as
the conditions may warrant, in order to effect a settlement of the
case.
2. Taking of notes is strictly limited for the personal consumption of
the judge and should not form part of the records of the case, to
preserve confidentiality.
3. Be reminded of the timelines: 60 days for the second level
courts and 30 days for the first level courts.
4. OPTION WITH LAWYERS. If the judge feels that the lawyers
are not fully convinced about the settlement process but there is
a great chance of settlement, s/he may want to talk to the
parties first without their lawyers.
5. SUGGESTED PROCESS:
Opening Statement
The plaintiff (preferably, and in his own words) would tell
their side of the story.
The defendant (preferably, and in his own words) would
tell their side of the story
Based on their stories, the judge would try to summarize
the main issues in contention, and try to probe the
various interests of the parties at play.
The judge could facilitate the creation of options that
would provide solutions to the dispute, or even actively
propose solutions or options.
Talking to each party separately (caucus) may be
employed if the parties seem to be reaching an impasse.
D. SETTLEMENT OF THE CASE THROUGH JDR
1. Parties immediately comply with the agreement
This usually happens if the dispute involves a money claim and the
defendant opts to pay the sum in full at once. In this event, the parties
through their counsel may choose to submit a manifestation on the
satisfaction of claims and the mutual withdrawal of the complaint and
counterclaim. The judge could then dismiss the case based on this fact.
12. THE PROCESS OF JDR
JDR GUIDE 13
2. Parties agree to settle and comply in the future
If the settlement is for compliance at some future date, then a
compromise agreement is secured. The following steps may be followed:
a. Drafting of a compromise agreement by the parties, with the
assistance of their lawyers;
b. Prior to the signing, the judge may opt to explain the contents
to the parties and make sure that they understand what they are signing,
to obviate repudiation at some future date;
c. Signing of the compromise agreement and the filing of a joint
motion to approved the compromise;
d. Judge approves the compromise agreement and renders a
judgment based on compromise.
e. Copy of the judgment based on compromise is sent to the PMC
for statistical purposes.
E. NO SETTLEMENT OF THE CASE AFTER JDR
1. Judge issues an order returning the case back to the Office of
the Clerk of Court for raffling;
2. OCC raffles the case to another judge who will conduct the pre-
trial proper and trial, until the case is decided.
3. COPY TO PMC. A copy of the order referring the case to the
OCC for raffle should be furnished the PMC for statistical
purposes.
13. TECHNIQUES FOR A SUCCESFUL JDR
JDR GUIDE 14
IV. TECHNIQUES FOR A SUCCESSFUL JDR 1
COMMUNICATION
• Presentations by the parties: Each party makes a brief presentation of
the events. This presentation is made without questions,
examination/cross-examination or interruptions.
It is essential for this presentation to be made by the parties and not the
lawyers. The judge may, as a result, identify the priorities, interests and
values of the parties through their presentations, as well as possible
solutions. A presentation by the lawyers would be more legal and informal
and tend toward argument rather than finding solutions. A party who is
truly unable to express him/herself may be represented by his/her lawyer.
But generally, if you reassure the individual, he/she will be able to proceed
with his/her presentation.
The presentations are generally brief, lasting 15-20 minutes each.
This is an opportunity for the judge to identify the perceptions of each
party as well as their interests, needs and values, by actively listening to
each presentation.
The judge may, at this time, note the elements to be discussed and
identify the priorities of the parties in order to structure the subsequent
discussions.
Either party may go first. It is generally more logical to start with the party
that initiated the legal proceedings, but there is nothing to stop you from
starting with the other party. It is interesting to ask them to decide among
themselves who will go first.
• Explanations: The judge attempts to have the parties explain why such
an event or occurred or they reacted in such a way. The more information
you have, the more solutions you will be able to identify.
• Determining the problems to be resolved: It is at this time, before you
undertake the actual negotiations, that you must work with the parties to
identify the common problem(s) to be resolved. Writing them down on a
board or a flip chart helps depolarize the debate.
• Developing options: Before starting to negotiate the solutions, you must
draw up a list of all the options available. During these brainstorming
1
Taken from AMICABLE DISPUTE SETTLEMENT CONFERENCE ( Primer prepared by the Superior
Court of Montreal, Province of Quebec)
14. TECHNIQUES FOR A SUCCESFUL JDR
JDR GUIDE 15
sessions, it is often interesting to make a list of all of the options, even the
wildest ones, without immediately starting the discussion. Other options,
sometimes the best, often result from combining the wild and the
traditional options.
The parties and the lawyers will help the judge. Sometimes, the entire
range of options available must be covered and then those that are
unacceptable for one party or another can be eliminated.
Use flip chart boards and other techniques to clearly identify the options.
NEGOTIATIONS
• Discussions of the options: This stage involves analyzing each option,
eliminating it or retaining it, and coming up with new options based on
those that have been discussed. It is easier to work with the entire group
at this stage, in order to come up with as many options as possible.
Once the true issues that are of concern to the parties and divide them
have been discussed, it is “easier” to find the options that will satisfy both
parties.
• Neither law nor jurisprudence: At this point, the lawyers frequently tend
to cite law or authorities. An effort must be made to stick to the solutions
of the facts, the practical solutions proposed. This is not a trial, before a
court, which will settle a legal issue. Legal discussions must be avoided.
• The caucus: Holding a caucus meeting may be more beneficial than a
full meeting if it is a matter of agreeing to a sum of money to settle the
dispute. As usual, the party making the offer offers too little and the party
receiving the money demands too much. In a caucus, the defenses fall.
Return to the meeting of the entire group as quickly as possible.
• Flexibility and creativity: The cooperation of lawyers who clearly
understand their role serves to develop new options, which are both more
creative and more acceptable.
It should be noted that the legal and extra-legal fees involved in a trial, the
cost of experts and the interest and additional compensation granted by a
judgment could make the difference between a failure and a settlement.
Breaks taken during the JDR session are a good time to encourage
discussion between the parties and their lawyers. Moreover, if the
discussion goes well, the break may be extended. This is often a good
15. TECHNIQUES FOR A SUCCESFUL JDR
JDR GUIDE 16
opportunity to remind the parties about their commitment to find solutions
that are focused on the future rather than returning to the past problems.
AGREEMENT
• Complete agreement: Make sure that all of the details have been
settled. In the case of a sum of money, does it include interest, fees,
when is it payable, in what form, what happens in the event that it is not
paid, etc.
• Apology. In the case of an apology, have it written and approved
immediately; indicate the date time and frequency of publication, etc.
• Clear agreement: Before asking the lawyers to draw up the agreement,
gather all of the parties and their lawyers in a meeting of the full group and
repeat each of the elements of the agreement, out loud, to make sure that
all of the elements are clear.
• Written agreement: Ask the lawyers to draft the agreement immediately.
In this way, everyone will be familiar with and approve the agreement,
ambiguities will be eliminated or explained and the agreement can be
signed. The judge may return to his/her office while the agreement is
being drafted in the case of a long or complex text.
• Signed agreement: Once the agreement has been drafted, read it out
loud, make sure that there are no ambiguities, that everyone understands
it and that they still agree to it, answer questions and have the parties and
their lawyers sign it.
The judge does not sign the agreement because he/she is not a party to it.
He/she simply acts as a judge/conciliator.
The judge may be tempted, at the end of a long day of negotiations, to let
the lawyers draw up the out-of-court settlement at a later date. It is
preferable to have the agreement drawn up the same day, even if it
has to be reworked. Everything will be fresh in the minds of the parties
and the terms have just been negotiated, which make it all the easier to
draft the agreement.
Even if the parties want to think about the agreement overnight before
signing it, it is preferable to write it up the same day, and have it signed
later.
16. SITUATIONS, STRATEGIES AND OPTIONS
JDR GUIDE 17
When is neutral evaluation employed?
Neutral evaluation is employed as a last resort when the parties could not
reach a settlement and when there is a likelihood that the parties would change
their minds if neutral evaluation is resorted to. It is an effective tool in making
parties consider the option of settlement rather than pursuing the case in court.
V. SITUATIONS, STRATEGIES AND OPTIONS
A. Problems with SPAs, specially juridical persons
Individuals – Discourage the use by individuals of an SPA, so that
they could come personally and participate in the settlement of the
case. An exception would be persons of frail health, old age or similar
conditions.
Corporations – A board resolution is necessary to determine the
extent of the authority of the representative. Before the JDR, double
check the authority of the representative and impress upon him/her
that the court will require him to make certain decisions under his
authority, and will not tolerate delays, such as asking the President or
the Board again their go-signal for settlement proposals or that s/he is
only authorized to compromise up to a certain amount. Advice the
representatives of the possible sanctions arising from
misrepresentations in the SPA.
Client cannot be reached – Judicial discretion should be exercised.
Options are:
Extend the period to allow more time to secure the SPA;
Allow the transmission of a fax letter of authority from the client
to the court room on the condition that the formal SPA should
follow within a certain timeframe;
Contact parties through phone, speakerphone or
teleconferencing.
Lawyers wants to go back to his client for consultation despite
the SPA
Ask the lawyer to explain himself
Threaten the lawyer with contempt of court for having
misrepresented himself to the judge as being fully authorized
Make sure that the SPA is amended to include full authority,
without any limit or ceiling
17. SITUATIONS, STRATEGIES AND OPTIONS
JDR GUIDE 18
B. Issues on Confidentiality
Confidentiality during the proceedings – The judge conducts the
JDR usually alone, and takes notes for his personal consumption. To
protect himself in contentious cases, the judge may allow a court staff
to be present, who is also bound by confidentiality.
Disposal of the judge’s notes- The judge’s notes shall not form part
of the records of the case. However, if and when agreement is
reached, the judge may ask the parties to sign his notes, if the
compromise agreement for some reason could not be signed and
sealed immediately. These notes could then be the basis for the more
formal compromise agreement.
Confidentiality during neutral evaluation – It is suggested that
neutral evaluation be done in caucus, so that the other party may not
be influenced by the non-binding evaluation of the judge.
Presence of Third parties during the JDR
As much as possible, third parties or even relatives should be
excluded from the JDR, because it would be quite difficult to bind them
to the confidentiality principle.
C. Managing the JDR Process
One party or both parties wants to go straight to JDR (during the
initial hearing for referral to CAM)
• Only if both parties agree
• Allow when there are extraordinary circumstances.
• Judicial discretion because time is of the essence.
Difficult Parties and Physical violence/ Highly charged emotional
situation
Options:
• Cite for contempt.
• Ask for sheriff’s presence.
• Bring parties back to agreements/ground rules.
• Manage physical space (between parties, between judge and
parties).
18. SITUATIONS, STRATEGIES AND OPTIONS
JDR GUIDE 19
• Ask parties to talk through judge/moderator.
• Ask for recess to defuse the situation.
During the JDR, parties agree to settle at a certain time but deadline
not met (e.g., parties need more time to undertake accounting
procedures)
• Allow extension, if reasonable.
• Threaten the parties to declare a non-settlement and send the
case for raffling and trial
One party is very old or disabled and cannot go to court
• The disabled party may execute an SPA in favor of his counsel
or relative
• Go to the party’s residence (at judge’s personal cost).
• Hold sessions at disabled-friendly locations.
Refusal of parties to actively participate in JDR
• Draw out reasons of parties for not actively participating
• If lawyers are stubborn, talk to clients.
• If clients are stubborn, a caucus may be useful in drawing out their
reasons for refusal to participate
A self-represented party has mental health problems/issues (e.g.
obvious physical signs, off-tangent responses)
• Adjourn and ask party to come back with a family member.
• Appoint counsel de officio/guardian.
• Tap IBP legal aid.
• Summon director of health, city/provincial health officer (Rule 101)
through prosecutor, to initiate proceedings for the hospitalization of
insane persons (in extreme cases only)
What to do with pending incidents prior to JDR
Often, the judge is faced with pending incidents prior to pre-trial. The most
common pending incidents would be requests for temporary restraining
19. SITUATIONS, STRATEGIES AND OPTIONS
JDR GUIDE 20
orders, habeas corpus, application for support pendente lite, motions to
dismiss and the like. The general rule is that the parties should come to
JDR with all the preliminary issues already resolved. If there are issues of
jurisdiction, then these should be resolved first.
Bringing in technical experts to assist the judge during JDR
As a general rule, the judge controls the procedure for the disposition of
the case, and if an expert (such as accountants, geodetic surveyors,
appraisers, doctors) could assist in the JDR, and the parties agree, then
the decision is left to the sound discretion of the judge.
Fees of the technical experts may be split even among the parties.
How to handle information obtained in a caucus which is critical for
the resolution of the dispute
Confidentiality rule may become an issue. Suggestion: ask party to
disclose the information to the other party depending on how critical the
information is; if party refuses, then ask party why he/she does not want to
disclose to the other party. If the party wants to share this information only
to the judge and not to the other party, then this has to be respected and
JDR proceeds on this basis.
Role of lawyers of parties
Lawyers should generally assist the judge by explaining to their
clients the role of JDR and efforts at settlement
Give lawyers some homework after every JDR session such as
preparation of pertinent documents and preparing drafts of terms of
settlement to be presented at the start of the next JDR conference.
Remind them of A.M. No. 04-3-05-SC on the Guidelines for Parties
Counsel in Court-Annexed Mediation Cases dated 9 March 2004.
Referral of cases to JDR during mid-trial
Under the proposed guidelines, cases undergoing trial may be referred to
JDR only upon joint motion of the parties. In this case, the trial judge will
act as the JDR judge. Strictly speaking, this can no longer be called JDR
and the judge cannot exercise his discretion for an early neutral
20. SITUATIONS, STRATEGIES AND OPTIONS
JDR GUIDE 21
evaluation, lest s/he be considered as biased or having pre-judged the
case.
JDR judge as the trial judge also
The JDR judge may continue to try the case after failed JDR, as long as
the parties execute the proper waiver. Please see Form No. 5 [Waiver on
the Right to Re-assignment of Case for Purposes of Trial].
D. Sanctions
Considering that JDR is still part of pre-trial, the sanctions allowed under
Rule 18 of the Rules of Court are as follows:
“Sec. 5 Rule 18: Effect of failure to appear- The failure of the plaintiff to
appear when so required pursuant to the next preceding section shall be
cause for the dismissal of the action. The dismissal shall be with prejudice,
unless otherwise ordered by the court. A similar failure on the part of the
defendant shall be cause to allow the plaintiff to present his evidence ex
parte and the court to render judgment on the basis thereof.”
Sanctions allowed under AM No. 04-1-12-SC (Enhanced Pre-Trail
Proceeding through Conciliation and Early Neutral Evaluation) dated
January 20, 2004 are as follows:
“In addition, the pre-trail judge may require the non-appearing party to
reimburse not exceeding treble the costs incurred by the appearing party
including attorney’s fees for that day. A party who appears without the
required authorization may similarly be sanctioned”.
E. Repudiation of agreements
• If the agreement has not yet been approved by the judge, require
the party who intends to repudiate to file a motion and to prove the
fraud, accident, mistake or excusable neglect that has occurred in
the process of securing the agreement
• If the agreement has already been approved by the judge, then the
agreement is already final and executory, and one option for the
party is to file a petition for relief from judgment based on Rule 38,
within sixty days after the petitioner learns of the judgment and
within six months from the time the judgment was entered.
21. ETHICS
JDR GUIDE 22
TIPS TO AVOID REPUDIATION
• Judge should not be perceived to be “railroading” or “forcing the
issue”
• Allow the parties to choose the format and language that best
expresses their desire to settle.
• Ensure that all the aspects of the agreement conform with law,
public policy, morals and good customs.
• Make sure all parties and counsels understood and agree with the
agreement by reading it aloud and asking if there are any
questions.
VI. ETHICS
Some ethical Issues/considerations which should be dealt with carefully:
A. Illegal means employed by parties brought out during JDR and will have
implications on the confidentiality rule (e.g., disclosure that a certain
document has been procured through forgery)
• Should the judge just continue with JDR and let executive agencies
concerned deal with it?
B. Unenforceable issues involving illegal activities. (e.g., a land survey has
been purposely made to grab a portion of land not previously owned by
one party)
• May go ahead with mediation rather than let violence erupt between
parties.
C. Disclosure of information gathered in caucus with legal and moral
dimensions to the other party.
• Should there be full disclosure?
• Under what circumstances?
• What should be the conditions for disclosure?
22. SOCIAL CONTEXT ISSUES
JDR GUIDE 23
D. Family issues, including euthanasia (where the members of the family are
considering “pulling the plug” of the respirator of a dying family member,
just so to facilitate some property transactions)
E. Conflict of interest based on relationship.
• Should judge inhibit himself/herself from cases involving friends?
• Should the judge just disclose the relationship to all parties concerned?
F. Acceptance of gifts.
• Gifts are covered by the Anti-Graft and Corrupt Practices Act. (Note:
There may be a need for the mediators to be covered since they are
not government employees but are officers of the court.)
G. Violation of confidentiality rule.
• JDR judge should not share information or subtly influence the trial
judge.
• Friends/relatives of parties who are asked by parties to be present,
especially in family cases, are covered by this rule.
• Impose sanction/s for violation of this rule.
VI. SOCIAL CONTEXT ISSUES
A. Ethnic/Cultural Concerns
• Maintain sensitivity to local customs.
• Be sensitive to the traditional or indigenous modes of dispute
resolution (tribal council, elders) and indigenous concepts of justice,
fairness and equity and see if they could be reconciled with the formal
legal system
B. Gender
• Sensitivity in the use of words.
• Not only discrimination against but over-sympathy for female parties.
C. Religion
• Sensitivity to and respect for religious beliefs and practices.
23. DATA GATHERING AND PERFORMANCE MANAGEMENT
JDR GUIDE 24
D. Social/Economic/Family
• Explore the other issues/deep-rooted problems that have a bearing on
the case.
E. Power
• Deal with power imbalance – rich and poor, e.g. more time for poor
tenants to move out and look for another dwelling in ejectment cases.
• During JDR exclude the lawyers who are media magnets.
• Judge should always be in control of his/her court.
• Impose sanctions for aggressive parties.
F. Language
• When parties insist on using their respective languages – judge may
become the interpreter.
• If judge does not speak the language that has to be interpreted, ask
the capable court staff to interpret.
• Judge can use the local language while the lawyers may still use
English.
VIII. DATA GATHERING AND PERFORMANCE MANAGEMENT
A. Statistical Reporting - The Philippine Mediation Center shall be
responsible for collating the information on settled and not settled JDR cases.
What is indispensable is that the courts should regularly provide copies of the
following documents to the PMC:
• Copy of the judgment based on compromise – to record settled
cases for JDR
• Copy of Order referring the case to OCC for raffling/ trial – to record
not settled cases for JDR.
B. Performance Management – Guidelines on the crediting of settled
cases:
• Cases settled by the JDR judge shall be counted as decided cases
in his monthly report
• Cases settled by the pair of the commercial court judge shall be
counted as decided cases in the monthly report of the pair judge.
• Cases settled by the family court judge through JDR shall be
counted as decided cases in the monthly report of such judge.
24. DATA GATHERING AND PERFORMANCE MANAGEMENT
JDR GUIDE 25
Improving the skills of judges in JDR
• Judges may want to share learnings and strategies in settling cases
by including JDR as a fixed item in the agenda for regular
meetings.
• Judges at the MTCC may want to sit in the JDR of RTC judges and
vice versa if only to observe and learn skills from their fellow
judges.
HELP DESK AT PHILJA FOR JDR
For queries and requests for assistance on
Judicial Dispute Resolution, write or call the following :
Judicial Dispute Resolution Focal Person
Philippine Judicial Academy, Centennial Building, Padre Faura Manila
Phone No. 632-552-9525