A.M. No.

03-1-09-SC

RE: PROPOSED RULE ON GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES AND CLERKS OF COURT IN THE CONDUCT OF
PRE-TRIAL AND USE OF DEPOSITION-DISCOVERY MEASURES

RESOLUTION

Acting on the recommendation of the Chairman of the Committee on Revision of the Rules of Court submitting for this Court's,
consideration and approval the Proposed Rule on Guidelines to be Observed by Trial Court Judges and Clerks of Court in the Conduct of Pre-
Trial and Use of Deposition-Discovery Measures, the Court Resolved to APPROVE the same. The said Rule is hereto attached as an integral
part of this Resolution.

The Rule shall take effect on August 16, 2004 following its publication in a newspaper of general circulation not later than July 30, 2004.

July 13, 2004.

(Sgd.)Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona,
Carpio-Morales, Callejo, Sr., Azcuna and Tinga JJ.

GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES AND CLERKS OF COURT IN THE CONDUCT OF PRE-TRIAL AND USE OF
DEPOSITION-DISCOVERY MEASURES

The use of pre-trial and the deposition-discovery measures are undeniably important and vital components of case management in trial
courts. To abbreviate court proceedings, ensure prompt disposition of cases and decongest court dockets, and to further implement the pre-trial
guidelines laid down in Administrative Circular No. 3-99 dated January 15, 1999 and except as otherwise specifically provided for in other
special rules, the following guidelines are issued for the observance and guidance of trial judges and clerks of court:

I. PRE-TRIAL

A. Civil Cases

1. Within one day from receipt of the complaint:

1.1 Summons shall be prepared and shall contain a reminder to defendant to observe restraint in filing a motion to dismiss and
instead allege the grounds thereof as defenses in the Answer, in conformity with IBP-OCA Memorandum on Policy Guidelines
dated March 12, 2002. A copy of the summons is hereto attached as Annex "A;" and

1.2 The court shall issue an order requiring the parties to avail of interrogatories to parties under Rule 25 and request for admission
by adverse party under Rule 26 or at their discretion make use of depositions under Rule 23 or other measures under Rules 27
and 28 within five days from the filing of the answer.1 A copy of the order shall be served upon the defendant together with the
summons and upon the plaintiff.

Within five (5) days from date of filing of the reply,2 the plaintiff must promptly move ex parte that the case be set for pre-trial
conference.3 If the plaintiff fails to file said motion within the given period, the Branch COC shall issue a notice of pre-trial.

2. The parties shall submit, at least three (3) days before the pre-trial, pre-trial briefs containing the following: 4

a. A statement of their willingness to enter into an amicable settlement indicating the desired terms thereof or to submit the case to
any of the alternative modes of dispute resolution;

b. A summary of admitted facts and proposed stipulation of facts;

c. The issues to be tried or resolved;

d. The documents or exhibits to be presented, stating the purpose thereof. (No evidence shall be allowed to be presented and
offered during the trial in support of a party's evidence-in-chief other than those that had been earlier identified and
pre-marked during the pre-trial, except if allowed by the court for good cause shown);

e. A manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to commissioners;
and

f. The number and names of the witnesses, the substance of their testimonies, and the approximate number of hours that will be
required by the parties for the presentation of their respective witnesses.

A copy of the Notice of Pre-trial Conference is hereto attached as Annex "B."

The rule on the contents of the pre-trial brief must strictly be complied with.

The parties are bound by the representations and statements in their respective pre-trial briefs.

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 3. At the start of the pre-trial conference, the judge shall immediately refer the parties and/or their counsel if authorized by their clients to the PMC
mediation unit for purposes of mediation if available.5 If mediation fails, the judge will schedule the continuance of the pre-trial conference.
Before the continuance, the Judge may refer the case to the Branch COC for a preliminary conference to assist the parties in reaching a
settlement, to mark the documents or exhibits to be presented by the parties and copies thereof to be attached to the records after comparison and
to consider such other matters as may aid in its prompt disposition.6

During the preliminary conference, the Branch COC shall also ascertain from the parties the undisputed facts and admissions on the genuineness
and due execution of the documents marked as exhibits. The proceedings during .the preliminary conference shall be recorded in the "Minutes of
Preliminary Conference" to be signed by both parties and/or counsel, the form of which is hereto attached as Annex. "C".

The minutes of preliminary conference and the exhibits shall be attached by the Branch COC to the case record before the pre-trial.

4. Before the continuation of the pre-trial conference, the judge must study all the pleadings of the case, and determine the issues thereof and the
respective positions of the parties thereon to enable him to intelligently steer the parties toward a possible amicable settlement of the case, or,
at the very least, to help reduce and limit the issues. The judge should not allow the termination of pre-trial simply because of the
manifestation of the parties that they cannot settle the case. He should expose the parties to the advantages of pre-trial. He must also be
mindful that there are other important aspects of the pre-trial that ought to be taken up to expedite the disposition of the case. 7

The Judge with all tact, patience, impartiality and with due regard to the rights of the parties shall endeavor to persuade them to arrive at a
settlement of the dispute.8 The court shall initially ask the parties and their lawyers if an amicable settlement of the case is possible. If not, the
judge may confer with the parties with the opposing counsel to consider the following:

a. Given the evidence of the plaintiff presented in his pre-trial brief to support his claim, what manner of compromise is
considered acceptable to the defendant at the present stage?

b. Given the evidence of the defendant described in his pre-trial brief to support his defense, what manner of compromise is
considered acceptable to the plaintiff at the present stage?

If not successful, the court shall confer with the party and his counsel separately.

If the manner of compromise is not acceptable, the judge shall confer with the parties without their counsel for the same purpose of settlement.

5. If all efforts to settle fail, the trial judge shall:

a. Adopt the minutes of preliminary conference as part of the pre-trial proceedings and confirm markings of exhibits or
substituted photocopies and admissions on the genuineness and due execution of documents;

b. Inquire if there are cases arising out of the same facts pending before other courts and order its consolidation if warranted;

c. Inquire if the pleadings are in order. If not, order the amendments if necessary;

d. Inquire if interlocutory issues are involved and resolve the same;

e. Consider the adding or dropping of parties;

f. Scrutinize every single allegation of the complaint, answer and other pleadings and attachments thereto and the contents of
documents and all other evidence identified and pre-marked during pre-trial in determining further admissions of facts and
documents. To obtain admissions, the Court shall ask the parties to submit the depositions taken under Rule 23, the
answers to written interrogatories under Rule 25 and the answers to request for admissions by the adverse party under
Rule 26. It may also require the production of documents or things requested by a party under Rule 27 and the results of
the physical and mental examination of persons under Rule 28;

g. Define and simplify the factual and legal issues arising from the pleadings. Uncontroverted issues and frivolous claims or
defenses should be eliminated. For each factual issue, the parties/counsel shall state all the evidence to support their
positions thereon. For each legal issue, parties/counsel shall state the applicable law and jurisprudence supporting their
respective positions thereon. If only legal issues are presented, the judge shall require the parties to submit their
respective memoranda and the court can proceed to render judgment;9

h. Determine the propriety of rendering a summary judgment dismissing the case based on the disclosures made at the pre-
trial or a judgment based on the pleadings, evidence identified and admissions made during pre-trial; 10

i. Ask parties to agree on the specific trial dates for continuous trial in accordance with Circular No. 1-89 dated January 19,
1989; adhere to the case flow chart determined by the court, which shall contain the different stages of the proceedings
up to the promulgation of the decision and use the time frame for each stage in setting the trial dates. The One-Day
Examination of Witness Rule, that is, a witness has to be fully examined in one (1) day only, shall be strictly adhered to
subject to the courts' discretion during trial on whether or not to extend the direct and/or cross-examination for justifiable
reasons. On the last hearing day allotted for each party, he is required to make his formal offer of evidence after the
presentation of his last witness and the opposing party is required to immediately interpose his objection thereto.
Thereafter, the Judge shall make the ruling on the offer of evidence in open court. However the judge has the discretion to
allow the offer of evidence in writing in conformity with Section 35, Rule 132;

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 j. Determine the most important witnesses to be heard and limit the number of witnesses (Most Important Witness Rule). The
facts to be proven by each witness and the approximate number of hours per witness shall be fixed;

k. At his discretion, order the parties to use the affidavits of witnesses as direct testimonies subject to the right to object to
inadmissible portions thereof and to the right of cross-examination by the other party. The affidavits shall be based on
personal knowledge, shall set forth facts as would be admissible in evidence, and shall show affirmatively that the affiant
is competent to testify to the matters stated therein. The affidavits shall be in question and answer form, and shall comply
with the rules on admissibility of evidence;

l. Require the parties and/or counsel to submit to the Branch COC the names, addresses and contact numbers of the
witnesses to be summoned by subpoena;

m. Order the delegation of the reception of evidence to the Branch COC under Rule 30; and

n. Refer the case to a trial by commissioner under Rule 32.

During the pre-trial, the judge shall be the one to ask questions on issues raised therein and all questions or comments by
counsel or parties must be directed to the judge to avoid hostilities between the parties.

6. The trial judge shall schedule the pre-trial in the afternoon sessions and set as many pre-trial conferences as may be necessary.

7. All proceedings during the pre-trial shall be recorded. The minutes of each pre-trial conference shall contain matters taken up
therein more particularly admissions of facts and exhibits and shall be signed by the parties and their counsel.

8. The judge shall issue the required Pre-Trial Order within ten (10) days after the termination of the pre-trial. Said Order shall bind
the parties, limit the trial to matters not disposed of and control the course of the action during the trial. A sample Pre-Trial Order
is hereto attached as Annex "D."

However, the Court may opt to dictate the Pre-Trial Order in open court in the presence of the parties and their counsel and with
the use of a computer, shall have the same immediately finalized and printed. Once finished, the parties and/or their counsel
shall sign the same to manifest their conformity thereto.

9. The court shall endeavor to make the parties agree to an equitable compromise or settlement at any stage of the proceedings
before rendition of judgment.

B. Criminal Cases

1. Before arraignment, the Court shall issue an order directing the public prosecutor to submit the record of the preliminary
investigation to the Branch COC for the latter to attach the same to the record of the criminal case.

Where the accused is under preventive detention, his case shall be raffled and its records transmitted to the judge to whom the
case was raffled within three days from the filing of the complaint or information. The accused shall be arraigned within ten days
from the date of the raffle. The pre-trial of his case shall be held within ten days after arraignment unless a shorter period is
provided for by law.11

2. After the arraignment, the court shall forthwith set the pre-trial conference within thirty days from the date of arraignment, and
issue an order: (a) requiring the private offended party to appear thereat for purposes of plea-bargaining except for violations of
the Comprehensive Dangerous Drugs Act of 2002, and for other matters requiring his presence;12 (b) referring the case to the
Branch COC, if warranted, for a preliminary conference to be set at least three days prior to the pre-trial to mark the documents
or exhibits to be presented by the parties and copies thereof to be attached to the records after comparison and to consider
other matters as may aid in its prompt disposition; and (c) informing the parties that no evidence shall be allowed to be
presented and offered during the trial other than those identified and marked during the pre-trial except when allowed by the
court for good cause shown. A copy of the order is hereto attached as Annex "E". In mediatable cases, the judge shall refer the
parties and their counsel to the PMC unit for purposes of mediation if available.

3. During the preliminary conference, the Branch COC shall assist the parties in reaching a settlement of the civil aspect of the
case, mark the documents to be presented as exhibits and copies thereof attached to the records after comparison, ascertain
from the parties the undisputed facts and admissions on the genuineness and due execution of documents marked as exhibits
and consider such other matters as may aid in the prompt disposition of the case. The proceedings during the preliminary
conference shall be recorded in the Minutes of Preliminary Conference to be signed by both parties and counsel. (Please see
Annex "B")

The Minutes of Preliminary Conference and the exhibits shall be attached by the Branch COC to the case record before the pre-
trial.

4. Before the pre-trial conference the judge must study the allegations of the information, the statements in the affidavits of
witnesses and other documentary evidence which form part of the record of the preliminary investigation.

5. During the pre-trial, except for violations of the Comprehensive Dangerous Drugs Act of 2002, the trial judge shall consider plea-
bargaining arrangements.13 Where the prosecution and the offended party agree to the plea offered by the accused, the court
shall:

a. Issue an order which contains the plea bargaining arrived at;

b. Proceed to receive evidence on the civil aspect of the case; and

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 c. Render and promulgate judgment of conviction, including the civil liability or damages duly established by the
evidence.14

6. When plea bargaining fails, the Court shall:

a. Adopt the minutes of preliminary conference as part of the pre-trial proceedings, confirm markings of exhibits or
substituted photocopies and admissions on the genuineness and due execution of documents and list object and
testimonial evidence;

b. Scrutinize every allegation of the information and the statements in the affidavits and other documents which form part
of the record of the preliminary investigation and other documents identified and marked as exhibits in determining
farther admissions of facts, documents and in particular as to the following:15

1. the identity of the accused;

2. court's territorial jurisdiction relative to the offense/s charged;

3. qualification of expert witness/es;

4. amount of damages;

5. genuineness and due execution of documents;

6. the cause of death or injury, in proper cases;

7. adoption of any evidence presented during the preliminary investigation;

8. disclosure of defenses of alibi, insanity, self-defense, exercise of public authority and justifying or exempting circumstances;
and

9. such other matters that would limit the facts in issue.

c. Define factual and legal issues;

d. Ask parties to agree on the specific trial dates and adhere to the flow chart determined by the court which shall contain the
time frames for the different stages of the proceeding up to promulgation of decision and use the time frame for each
stage in setting the trial dates;

e. Require the parties to submit to the Branch COC the names, addresses and contact numbers of witnesses that need to be
summoned by subpoena;16 and

f. Consider modification of order of trial if the accused admits the charge but interposes a lawful defense.

7. During the pre-trial, the judge shall be the one to ask questions on issues raised therein and all questions must be directed to him
to avoid hostilities between parties.

8. All agreements or admissions made or entered during the pre-trial conference shall be reduced in writing and signed by the
accused and counsel, otherwise, they cannot be used against the accused. The agreements covering the matters referred to in
Section 1 of Rule 118 shall be approved by the court. (Section 2, Rule 118)

9. All proceedings during the pre-trial shall be recorded, the transcripts prepared and the minutes signed by the parties and/or their
counsels.

10. The trial judge shall issue a Pre-trial Order within ten (10) days after the termination of the pre-trial setting forth the actions
taken during the pre-trial conference, the facts stipulated, the admissions made, evidence marked, the number of witnesses to
be presented and the schedule of trial. Said Order shall bind the parties, limit the trial to matters not disposed of and control the
course the action during the trial.17

CIRCULAR NO. 38-98 August 11, 1998

IMPLEMENTING THE PROVISIONS OF REPUBLIC ACT NO. 8493, ENTITLED "AN ACT TO ENSURE A SPEEDY TRIAL OF ALL CRIMINAL
CASES BEFORE THE SANDIGANBAYAN, REGIONAL TRIAL COURT, METROPOLITAN TRIAL COURT, MUNICIPAL TRIAL COURT IN
CITIES, MUNICIPAL TRIAL COURT AND MUNICIPAL CIRCUIT TRIAL COURT, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES."

SECTION 1. PURPOSE OF CIRCULAR. This Circular is promulgated for the purpose of implementing the provisions of Republic Act No.
8493, otherwise known as the "Speedy Trial Act of 1998," as directed in Section 15 hereof.

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Sec. 2. TIME LIMIT FOR ARRAIGNMENT AND PRE-TRIAL. The arraignment and the pre-trial, if the accused pleads not guilty to the crime
charged, shall be held within thirty (30) days from the date the court acquires jurisdiction over the person of the accused. The period of the
pendency of a motion to quash, or for a bill of particulars, or other causes justifying suspension of arraignment shall be excluded.

Sec. 3. MANDATORY PRE-TRIAL IN CRIMINAL CASES. In all criminal cases cognizable by the Sandiganbayan, Regional Trial Court,
Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court, the court shall, after arraignment,
order a pre-trial conference to consider the following:

(a) Plea bargaining;

(b) Stipulation of facts;

(c) Marking for identification of evidence of the parties;

(d) Waiver of objections to admissibility of evidence; and

(e) Such other matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.

If the accused has pleaded not guilty to the crime charged, he may state whether he interposes a negative or affirmative defense. A negative
defense shall require the prosecution to proved the guilt of the accused beyond reasonable doubt, while an affirmative defense may modify the
order of trial and require the accused to prove such defense by clear and convincing evidence.

Sec. 4. PRE-TRIAL AGREEMENT. All agreements or admissions made or entered into during the pre-trial conference shall be reduced to
writing and signed by the accused and counsel, otherwise the same shall not be used against the accused. The agreements in relation to
matters referred to in Section 3 hereof are subject to the approval of the court; Provided, That the agreement on the please of the accused
should be to a lesser offense necessarily included in the offense charged.

Sec. 5. NON-APPEARANCE AT PRE-TRIAL CONFERENCE. Where counsel for the accused or the prosecutor does not appear at the
pretrial conference and does not offer an acceptable excuse for his lack of cooperation, the court may impose proper sanctions or penalties.

Sec. 6. PRE-TRIAL ORDER. After the pre-trial conference, the court shall issue an order reciting the actions taken, the facts stipulated, and
the evidence marked. Such order shall bind the parties, limit the trial to matters not disposed of and control the course of action during the trial,
unless modified by the court to prevent manifest injustice.

Thereafter, where a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for trial which shall commence
within thirty (30) days from receipt of the pre-trial order.

Sec. 7. EXTENDED TIME LIMIT. Notwithstanding the provisions of the preceding sections 2 and 6 for the first twelve-calendar-month period
following its effectivity, the time limit with respect to the period from arraignment to trial imposed by said provision shall be one hundred eighty
(180) days. For the second twelve-month period, the time limit shall be one hundred twenty (120) days, and for the third twelve-month period the
time limit shall be eighty (80) days.

Sec. 8. TIME LIMIT FOR TRIAL. In criminal cases involving persons charged with a crime, except those subject to the Rule of Summary
Procedure, or where the penalty prescribed by law does not exceed six (6) months imprisonment, or a fine of one thousand pesos (P1,000.00)
or both, irrespective of other imposable penalties, the court shall, after consultation with the public prosecutor and the counsel for the accused,
set the case for continuous trial on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial. In no
case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial, except as otherwise authorized by the Court
Administrator pursuant to Section 2, Rule 30 of the Rules of Court.

Sec. 9. EXCLUSIONS. The following periods of delay shall be excluded in computing the time within which trial must commence:

(a) Any period resulting from other proceedings concerning the accused, including but not limited to the following:

(1) delay resulting from an examination of the physical and mental condition of the accused;

(2) delay resulting from proceedings with respect to other criminal charges against the accused;

(3) delay resulting from extraordinary remedies against interlocutory orders;

(4) delay resulting from pre-trial proceedings; Provided, that the delay does not exceed thirty (30) days;

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 (5) delay resulting from orders of inhibition or proceedings relating to change of venue of cases or
transfer from other courts;

(6) delay resulting from a finding of the existence of a valid prejudicial question; and

(7) delay reasonably attributable to any period, not to exceed thirty (30) days, during which any
proceeding concerning the accused is actually under advisement.

(b) Any period of delay resulting from the absence or unavailability of an essential witness.

For purposes of this subparagraph, an essential witness shall be considered absent when his whereabouts are unknown or his whereabouts
cannot be determined by due diligence. An essential witness shall be considered unavailable whenever his whereabouts are known but his
presence for trial cannot be obtained by due diligence.

(c) Any period of delay resulting from the fact that the accused is mentally incompetent or physically unable to stand trial.

(d) If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the
same offense, any period of delay from the date the charge was dismissed to the date the time limitation would commence
to run as to the subsequent charge had there been no previous charge.

(e) A reasonable period of delay when the accused is mentally incompetent or physically unable to stand trial.

(f) Any period of delay resulting from a continuance granted by any court motu propio or on motion of either the accused for
the same offense, any period of delay from the date the charge was dismissed to the date the time limitation would
commence to run as to the subsequent charge had there been no previous charge.

Sec. 10. FACTORS FOR GRANTING CONTINUANCE. The following factors, among others, shall be considered by a court in determining
whether to grant a continuance under subparagraph (f) of Section 9 hereof:

(a) Whether or not the failure to grant a continuance in the proceeding would be like to make a continuation of such
proceeding impossible, or result in a miscarriage of justice; and

(b) Whether or not the case taken as a whole is so novel, unusual and complex, due to the number of accused or the nature
of the prosecution or otherwise, that it is unreasonable to expect adequate preparation within the periods of time established
herein.

No continuance under subparagraph (f) Section 9 hereof shall be granted because of congestion of the courts calendar, or
lack of diligent preparation or failure to obtain available witnesses on the part of the public prosecutor.

Sec. 11. TIME LIMIT FOLLOWING AN ORDER FOR NEW TRIAL. If the accused is to be tried again pursuant to an order of a court for a new
trial, the trial shall commence within thirty (30) days from notice of that order, except that the court retrying the case may extend such period but
not to exceed one hundred eighty (180) days from notice of said order for a new trial if unavailability of witnesses or other factors make trial
within thirty (30) days impractical.

Sec. 12. PUBLIC ATTORNEYS DUTIES WHERE ACCUSED IS IMPRISONED. If the public attorney assigned to defend a person charged
with a crime knows that the latter is preventively detained, either because he is charged with a bailable crime and has no means to post bail, or
is charged with a non-bailable crime, or is serving a term of imprisonment in any penal institution:

(a) The public attorney shall promptly undertake to obtain the presence of the prisoner for trial, or cause a notice to be
served on the person having custody of the prisoner requiring such person to so advise the prisoner of his right to demand
trial.

(b) Upon receipt of that notice, the person having custody of the prisoner shall promptly advise the prisoner of the charge
and of his right to demand trial, If at any time thereafter the prisoner informs his custodian that he demands such trial, the
latter shall cause notice to that effect to be sent promptly to the public attorney.

(c) Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of the prisoner for trial.

(d) When the person having custody of the prisoner receives from the public attorney a properly supported request for the
availability of the prisoner for purposes of the trial, the prisoner shall be made available accordingly.

Sec. 13. SANCTIONS. In any case in which private counsel for the accused, the public attorney or the public prosecutor:

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 (a) knowingly allows the case to be set for trial without disclosing the fact that a necessary witness would be unavailable for
trial;

(b) files a motion solely for the purpose of delay which he knows is totally frivolous and without merit;

(c) makes a statement for the purpose of obtaining continuance which he know to be false and which is material to the
granting of a continuance; or

(d) otherwise willfully fails to proceed to trial without justification consistent with the provisions hereof, the court may punish
any such counsel, attorney or prosecutor, as follows:

(1) in the case of a counsel privately retained in connection with the defense of an accused, by
imposing a fine of not exceeding twenty thousand pesos (P20,000.00);

(2) by imposing on any appointed counsel de oficio, public attorney or public prosecutor a fine not
exceeding five thousand pesos (P5,000.00); and

(3) by denying any defense counsel or public prosecutor the right to practice before the court
considering the case for a period not exceeding thirty (30) days.

The authority to punish provided for by this section shall be without prejudice to any appropriate criminal action or any other sanction authorized
under the Rules of Court.

Sec. 14. REMEDY WHERE ACCUSED IS NOT BROUGHT TO TRIAL WITHIN THE TIME LIMIT. If the accused is not brought to trial within
the time limit required by Sections 2 and 6 hereof, as extended by Section 7, the information may be dismissed on motion of the accused on the
ground of denial of his right to speedy trial. The accused shall have the burden of proving such motion by the prosecution shall have the burden
of going forward with the evidence in connection with the exclusion of time under Section 9 hereof. The dismissal shall be subject to the rules on
double jeopardy.

Failure of the accused to move for dismissal prior to trial shall constitute a waiver of the right to dismiss under this section.

Sec. 15. REPUBLIC ACT NO 8493 NOT A BAR TO PROVISION ON SPEEDY TRIAL IN THE CONSTITUTION. No provision of Republic Act
No. 8493 shall be interpreted as a bar to any charge of denial of speedy trial as provided by Article III, Section 14(2), of the 1987 Constitution.

Sec. 16. EFFECTIVITY. This Circular shall be published in two (2) newspapers of general circulation and shall take effect on September 15,
1998.

Republic Act No. 8493 February 12, 1998

AN ACT TO ENSURE A SPEEDY TRIAL OF ALL CRIMINAL CASES BEFORE THE SANDIGANBAYAN, REGIONAL TRIAL COURT,
METROPOLITAN TRIAL COURT, MUNICIPAL TRIAL COURT, AND MUNICIPAL CIRCUIT TRIAL COURT, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 1. Title. - This Act shall be known as the "Speedy Trial Act of 1998."

Section 2. Mandatory Pre-Trial in Criminal Cases. - In all cases cognizable by the Municipal Trial Court, Municipal Circuit Trial Court,
Metropolitan Trial Court, Regional Trial Court, and the Sandiganbayan, the justice or judge shall, after arraignment, order a pre-trial conference
to consider the following:

(a) Plea bargaining;

(b) Stipulation of Facts;

(c) Marking for identification of evidence of parties;

(d) Waiver of objections to admissibility of evidence; and

(e) Such other matters as will promote a fair and expeditious trial.

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Section 3. Pre-Trial Agreement. - All agreements or admissions made or entered into during the pre-trial conference shall be reduced to writing
and signed by the accused and counsel, otherwise the same shall not be used in evidence against the accused. The agreements in relation to
matters referred to in Section 2 hereof is subject to the approval of the court: Provided, That the agreement on the plea of the accused to a
lesser offense may only be revised, modified, or annulled by the court when the same is contrary to law, public morals, or public policy.

Section 4. Nonappearance at Pre-Trial Conference. - Where counsel for the accused or the prosecutor does not appear at the pre-trial
conference and does not offer an acceptable excuse for his/her lack of cooperation, the pre-trial justice or judge may impose proper sanctions or
penalties.

Section 5. Pre-Trial Order. - After the pre-trial conference, the court shall issue an order reciting the actions taken, the facts stipulated, and
evidence marked. Such order shall bind the parties, limit the trial to matters not disposed of and control the course of action during the trial,
unless modified by the court to prevent manifest injustice.

Section 6. Time Limit for Trial. - In criminal cases involving persons charged of a crime, except those subject to the Rules on Summary
Procedure, or where the penalty prescribed by law does not exceed six (6) months imprisonment, or a fine of One thousand pesos (P1,000.00)
or both, irrespective of other imposable penalties, the justice or judge shall, after consultation with the public prosecutor and the counsel for the
accused, set the case for continuous trial on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial.
In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial, except as otherwise authorized by the
Chief Justice of the Supreme Court pursuant to Section 3, Rule 22 of the Rules of Court.

Section 7. Time Limit Between Filing of Information and Arraignment and Between Arraignment and Trial.- The arraignment of an
accused shall be held within thirty (30) days from the filing of the information, or from the date the accused has appeared before the justice,
judge or court in which the charge is pending, whichever date last occurs. Thereafter, where a plea of not guilty is entered, the accused shall
have at least fifteen (15) days to prepare for trial. Trial shall commence within thirty (30) days from arraignment as fixed by the court.

If the accused pleads not guilty to the crime charged, he/she shall state whether he/she interposes a negative or affirmative defense. A negative
defense shall require the prosecution to prove the guilt of the accused beyond reasonable doubt, while an affirmative defense may modify the
order of trial and require the accused to prove such defense by clear and convincing evidence.

Section 8. Time Limit Following an Order for New Trial. - If the accused is to be tried again following an order of a court for a new trial, the
trial shall commence within thirty (30) days from the date the order for a new trial becomes final, except that the court retrying the case may
extend such period but in any case shall not exceed one hundred eighty (180) days from the date the order for a new trial becomes final if
unavailability of witnesses or other factors resulting from passage of time shall make trial within thirty (30) days impractical.

Section 9. Extended Time Limit. - Notwithstanding the provisions of Section 7 of this Act, for the first twelve-calendar-month period following its
effectivity, the time limit with respect to the period from arraignment to trial imposed by Section 7 of this Act shall be one hundred eighty (180)
days. For the second twelve-month period the time limit shall be one hundred twenty (120) days, and for the third twelve-month period the time
limit with respect to the period from arraignment to trial shall be eighty (80) days.

Section 10. Exclusions. - The following periods of delay shall be excluded in computing the time within which trial must commence:

(a) Any period of delay resulting from other proceedings concerning the accused, including but not limited to the following:

(1) delay resulting from an examination of the accused, and hearing on his/her mental competency, or physical incapacity;

(2) delay resulting from trials with respect to charges against the accused;

(3) delay resulting from interlocutory appeals;

(4) delay resulting from hearings on pre-trial motions: Provided, That the delay does not exceed thirty (30) days,

(5) delay resulting from orders of inhibition, or proceedings relating to change of venue of cases or transfer from other
courts;

(6) delay resulting from a finding of the existence of a valid prejudicial question; and

(7) delay reasonably attributable to any period, not to exceed thirty (30) days, during which any proceeding concerning the
accused is actually under advisement.

(b) Any period of delay resulting from the absence or unavailability of the accused or an essential witness.

For purposes of this subparagraph, an accused or an essential witness shall be considered absent when his/her whereabouts are
unknown and, in addition, he/she is attempting to avoid apprehension or prosecution or his/her whereabouts cannot be determined by

8
 due diligence. An accused or an essential witness shall be considered unavailable whenever his/her whereabouts are known but
his/her presence for trial cannot be obtained by due diligence or he/she resists appearing at or being returned for trial.

(c) Any period of delay resulting from the fact that the accused is mentally incompetent or physically unable to stand trial.

(d) If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same
offense, or any offense required to be joined with that offense, any period of delay from the date the charge was dismissed to the date
the time limitation would commence to run as to the subsequent charge had there been no previous charge.

(e) A reasonable period of delay when the accused is joined for trial with a co-accused over whom the court has not acquired
jurisdiction, or as to whom the time for trial has not run and no motion for severance has been granted.

(f) Any period of delay resulting from a continuance granted by any justice or judge motu propio or on motion of the accused or his/her
counsel or at the request of the public prosecutor, if the justice or judge granted such continuance on the basis of his/her findings that
the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial. No such
period of delay resulting from a continuance granted by the court in accordance with this subparagraph shall be excludable under this
section unless the court sets forth, in the record of the case, either orally or in writing, its reasons for finding that the ends of justice
served by the granting of such continuance outweigh the best interests of the public and the accused in a speedy trial.

Section 11. Factors for Granting Continuance. - The factors, among others, which a justice or judge shall consider in determining whether to
grant a continuance under subparagraph (f) of Section 10 of this Act are as follows:

(a) Whether the failure to grant such a continuance in the proceeding would be likely to make a continuation of such proceeding
impossible, or result in a miscarriage of justice.

(b) Whether the case taken as a whole is so novel, so unusual and so complex, due to the number of accused or the nature of the
prosecution or otherwise, that it is unreasonable to expect adequate preparation within the periods of time established by this Act.

No continuance under subparagraph (f) of Section 10 shall be granted because of general congestion of the court's calendar, or lack of diligent
preparation or failure to obtain available witnesses on the part of the public prosecutor.

Section 12. Public Attorney's Duties Where Accused is Imprisoned. - If the public attorney knows that a person charged of a crime is
preventively detained, either because he/she is charged of a bailable crime and has no means to post bail, or is charged of a non-bailable crime,
or is serving a term of imprisonment in any penal institution, the public attorney shall promptly:

(a) Undertake to obtain the presence of the prisoner for trial, or cause a notice to be served on the person having custody of the
prisoner mandating such person to so advise the prisoner of his/her right to demand trial.

(b) Upon receipt of a notice, the person having custody of the prisoner shall promptly advise the prisoner of the charge and of his/her
right to demand trial. If at any time thereafter the prisoner informs the person having custody that he/she demands trial, such person
shall cause notice to that effect to be sent promptly to the public attorney.

(c) Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of the prisoner for trial.

(d) When the person having custody of the prisoner receives from the public attorney a properly supported request for temporary
custody of the prisoner for trial, the prisoner shall be made available to that public attorney.

Section 13. Remedy Where Accused is Not Brought to Trial Within the Time Limit. - If an accused is not brought to trial within the time limit
required by Section 7 of this Act as extended by Section 9, the information shall be dismissed on motion of the accused. The accused shall have
the burden of proof of supporting such motion but the prosecution shall have the burden of going forward with the evidence in connection with
the exclusion of time under Section 10 of this Act.

In determining whether to dismiss the case with or without prejudice, the court shall consider, among other factors, the seriousness of the
offense, the facts and circumstances of the case which led to the dismissal, and the impact of a reprosecution on the implementation of this Act
and on the administration of justice. Failure of the accused to move for dismissal prior to trial or entry of a plea of guilty shall constitute a waiver
of the right to dismissal under this section.

Section 14. Sanctions. - In any case in which counsel for the accused, the public prosecution or public attorney:

(a) knowingly allows the case to be set for trial without disclosing the fact that a necessary witness would be unavailable for trial;

(b) files a motion solely for the purpose of delay which he/she knows is totally frivolous and without merit;

9
 (c) makes a statement for the purpose of obtaining continuance which he/she knows to be false and which is material to the granting
of a continuance; or

(d) otherwise willfully fails to proceed to trial without justification consistent with the provisions of this Act, the court may, without
prejudice to any appropriate criminal and/or administrative charges to be instituted by the proper party against the erring counsel if
and when warranted, punish any such counsel or attorney, as follows:

(1) in the case of a counsel privately retained in connection with the defense of an accused, by imposing a fine not
exceeding; fifty percent (50%) of the compensation to which he/she is entitled in connection with his/her defense of the
accused;

(2) by imposing on any appointed counsel de officio or public prosecutor a fine not exceeding Ten thousand pesos
(10,000.00); and

(3) by denying any defense counsel or public prosecutor the right to practice before the court considering the case for a
period not exceeding thirty (30) days.

The authority to punish provided for by this section shall be in addition to any other authority or power available to the court. The court
shall follow the procedures established in the Rules of Court in punishing any counsel or public prosecutor pursuant to this section.

Section 15. Rules and Regulations. - The Supreme Court shall promulgate rules, regulations, administrative orders and circulars which shall
seek to accelerate the disposition of criminal cases. The rules, regulations, administrative orders and circulars formulated shall provide sanctions
against justices and judges who willfully fail to proceed to trial without justification consistent with the provisions of this Act.

Section 16. Funding. - For the effective implementation of the rules, regulations, administrative orders and circulars promulgated under this Act,
the amount of Twenty million pesos (P20,000,000.00) annually shall be appropriated from the allocation of the Supreme Court under the General
Appropriations Act. Thereafter, such additional amounts as may be necessary for its continued implementation shall be included in the annual
General Appropriations Act.

Section 17. Act Not a Bar to Speedy Trial Claim Under the Constitution. - No provision of this Act shall be interpreted as a bar to any claim
of denial of speedy trial as required by Article III, Section 14(2) of the 1987 Constitution.

Section 18. Repealing Clause. - All laws, presidential decrees, executive orders, rules and regulations or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

Section 19. Separability Clause. - In case any provision of this Act is declared unconstitutional, the other provisions shall remain in effect.

Section 20. Effectivity. - This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in any newspaper of
general circulation: Provided, That Section 7 of this Act shall become effective after the expiration of the aforementioned third-calendar-month
period provided in Section 9 of this Act.

Approved: February 12, 1998

Republic Act No. 6981 April 24, 1991

AN ACT PROVIDING FOR A WITNESS PROTECTION, SECURITY AND BENEFIT PROGRAM AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 1. Name of Act. - This Act shall be known as the "Witness Protection, Security and Benefit Act".

Section 2. Implementation of Program. - The Department of Justice, hereinafter referred to as the Department, through its Secretary, shall
formulate and implement a "Witness Protection, Security and Benefit Program", hereinafter referred to as the Program, pursuant to and
consistent with the provisions of this Act.

The Department may call upon any department, bureau, office or any other executive agency to assist in the implementation of the Program and
the latter offices shall be under legal duty and obligation to render such assistance.

Section 3. Admission into the Program. - Any person who has witnessed or has knowledge or information on the commission of a crime and
has testified or is testifying or about to testify before any judicial or quasi-judicial body, or before any investigating authority, may be admitted into
the Program:

10
Provided, That:

a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code, or its equivalent under
special laws;lawphi1

b) his testimony can be substantially corroborated in its material points;

c) he or any member of his family within the second civil degree of consanguinity or affinity is subjected to threats to his life or bodily
injury or there is a likelihood that he will be killed, forced, intimidated, harassed or corrupted to prevent him from testifying, or to testify
falsely, or evasively, because or on account of his testimony; and

d) he is not a law enforcement officer, even if he would be testifying against the other law enforcement officers. In such a case, only
the immediate members of his family may avail themselves of the protection provided for under this Act.

If the Department, after examination of said applicant and other relevant facts, is convinced that the requirements of this Act and its
implementing rules and regulations have been complied with, it shall admit said applicant to the Program, require said witness to execute a
sworn statement detailing his knowledge or information on the commission of the crime, and thereafter issue the proper certification. For
purposes of this Act, any such person admitted to the Program shall be known as the Witness.

Section 4. Witness in Legislative Investigations. - In case of legislative investigations in aid of legislation, a witness, with his express
consent, may be admitted into the Program upon the recommendation of the legislative committee where his testimony is needed when in its
judgment there is pressing necessity therefor: Provided, That such recommendation is approved by the President of the Senate or the Speaker
of the House of Representatives, as the case may be.

Section 5. Memorandum of Agreement With the Person to be Protected. - Before a person is provided protection under this Act, he shall
first execute a memorandum of agreement which shall set forth his responsibilities including:

a) to testify before and provide information to all appropriate law enforcement officials concerning all appropriate proceedings in
connection with or arising from the activities involved in the offense charged;

b) to avoid the commission of the crime;lawphi1

c) to take all necessary precautions to avoid detection by others of the facts concerning the protection provided him under this Act;

d) to comply with legal obligations and civil judgments against him;

e) to cooperate with respect to all reasonable requests of officers and employees of the Government who are providing protection
under this Act; and

f) to regularly inform the appropriate program official of his current activities and address.1awphi1

Section 6. Breach of the Memorandum of Agreement. - Substantial breach of the memorandum of agreement shall be a ground for the
termination of the protection provided under this Act: Provided, however, That before terminating such protection, the Secretary of Justice shall
send notice to the person involved of the termination of the protection provided under this Act, stating therein the reason for such termination.

Section 7. Confidentiality of Proceedings. - All proceedings involving application for admission into the Program and the action taken thereon
shall be confidential in nature. No information or documents given or submitted in support thereof shall be released except upon written order of
the Department or the proper court.

Any person who violates the confidentiality of said proceedings shall upon conviction be punished with imprisonment of not less than one (1)
year but not more than six (6) years and deprivation of the right to hold a public office or employment for a period of five (5) years.

Section 8. Rights and Benefits. - The witness shall have the following rights and benefits:ITC-ALF

(a) To have a secure housing facility until he has testified or until the threat, intimidation or harassment disappears or is reduced to a
manageable or tolerable level. When the circumstances warrant, the Witness shall be entitled to relocation and/or change of personal
identity at the expense of the Program. This right may be extended to any member of the family of the Witness within the second civil
degree of consanguinity or affinity.

(b) The Department shall, whenever practicable, assist the Witness in obtaining a means of livelihood. The Witness relocated pursuant
to this Act shall be entitled to a financial assistance from the Program for his support and that of his family in such amount and for
such duration as the Department shall determine.

11
 (c) In no case shall the Witness be removed from or demoted in work because or on account of his absences due to his attendance
before any judicial or quasi-judicial body or investigating authority, including legislative investigations in aid of legislation, in going
thereto and in coming therefrom: Provided, That his employer is notified through a certification issued by the Department, within a
period of thirty (30) days from the date when the Witness last reported for work: Provided, further, That in the case of prolonged
transfer or permanent relocation, the employer shall have the option to remove the Witness from employment after securing clearance
from the Department upon the recommendation of the Department of Labor and Employment.

Any Witness who failed to report for work because of witness duty shall be paid his equivalent salaries or wages corresponding to the
number of days of absence occasioned by the Program. For purposes of this Act, any fraction of a day shall constitute a full day salary
or wage. This provision shall be applicable to both government and private employees.

(d) To be provided with reasonable travelling expenses and subsistence allowance by the Program in such amount as the Department
may determine for his attendance in the court, body or authority where his testimony is required, as well as conferences and
interviews with prosecutors or investigating officers.

(e) To be provided with free medical treatment, hospitalization and medicines for any injury or illness incurred or suffered by him
because of witness duty in any private or public hospital, clinic, or at any such institution at the expense of the Program.

(f) If a Witness is killed, because of his participation in the Program, his heirs shall be entitled to a burial benefit of not less than Ten
thousand pesos (P10,000.00) from the Program exclusive of any other similar benefits he may be entitled to under other existing laws.

(g) In case of death or permanent incapacity, his minor or dependent children shall be entitled to free education, from primary to
college level in any state, or private school, college or university as may be determined by the Department, as long as they shall have
qualified thereto.

Section 9. Speedy Hearing or Trial. - In any case where a Witness admitted into the Program shall testify, the judicial or quasi-judicial body, or
investigating authority shall assure a speedy hearing or trial and shall endeavor to finish said proceeding within three (3) months from the filing
of the case.

Section 10. State Witness. - Any person who has participated in the commission of a crime and desires to be a witness for the State, can apply
and, if qualified as determined in this Act and by the Department, shall be admitted into the Program whenever the following circumstances are
present:

(a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code or its equivalent under
special laws;

(b) there is absolute necessity for his testimony;

(c) there is no other direct evidence available for the proper prosecution of the offense committed:

(d) his testimony can be substantially corroborated on its material points;

(e) he does not appear to be most guilty; and

(f) he has not at any time been convicted of any crime involving moral turpitude.

An accused discharged from an information or criminal complaint by the court in order that he may be a State Witness pursuant to Section 9 and
10 of Rule 119 of the Revised Rules of Court may upon his petition be admitted to the Program if he complies with the other requirements of this
Act. Nothing in this Act shall prevent the discharge of an accused, so that he can be used as a State Witness under Rule 119 of the Revised
Rules of Court.

Section 11. Sworn Statement. - Before any person is admitted into the Program pursuant to the next preceding Section he shall execute a
sworn statement describing in detail the manner in which the offense was committed and his participation therein. If after said examination of
said person, his sworn statement and other relevant facts, the Department is satisfied that the requirements of this Act and its implementing
rules are complied with, it may admit such person into the Program and issue the corresponding certification.

If his application for admission is denied, said sworn statement and any other testimony given in support of said application shall not be
admissible in evidence, except for impeachment purposes.

Section 12. Effect of Admission of a State Witness into the Program. - The certification of admission into the Program by the Department
shall be given full faith and credit by the provincial or city prosecutor who is required not to include the Witness in the criminal complaint or
information and if included therein, to petition the court for his discharge in order that he can utilized as a State Witness. The Court shall order
the discharge and exclusion of the said accused from the information.

12
Admission into the Program shall entitle such State Witness to immunity from criminal prosecution for the offense or offenses in which his
testimony will be given or used and all the rights and benefits provided under Section 8 hereof.

Section 13. Failure or Refusal of the Witness to Testify. - Any Witness registered in the Program who fails or refuses to testify or to continue
to testify without just cause when lawfully obliged to do so, shall be prosecuted for contempt. If he testifies falsely or evasively, he shall be liable
to prosecution for perjury. If a State Witness fails or refuses to testify, or testifies falsely or evasively, or violates any condition accompanying
such immunity without just cause, as determined in a hearing by the proper court, his immunity shall be removed and he shall be subject to
contempt or criminal prosecution. Moreover, the enjoyment of all rights and benefits under this Act shall be deemed terminated.

The Witness may, however, purge himself of the contumacious acts by testifying at any appropriate stage of the proceedings.

Section 14. Compelled Testimony. - Any Witness admitted into the Program pursuant to Sections 3 and 10 of this Act cannot refuse to testify
or give evidence or produce books, documents, records or writings necessary for the prosecution of the offense or offenses for which he has
been admitted into the Program on the ground of the constitutional right against self-incrimination but he shall enjoy immunity from criminal
prosecution and cannot be subjected to any penalty or forfeiture for any transaction, matter or thing concerning his compelled testimony or
books, documents, records and writings produced.

In case of refusal of said Witness to testify or give evidence or produce books, documents, records, or writings, on the ground of the right
against self-incrimination, and the state prosecutor or investigator believes that such evidence is absolutely necessary for a successful
prosecution of the offense or offenses charged or under investigation, he, with the prior approval of the department, shall file a petition with the
appropriate court for the issuance of an order requiring said Witness to testify, give evidence or produce the books, documents, records, and
writings described, and the court shall issue the proper order.

The court, upon motion of the state prosecutor or investigator, shall order the arrest and detention of the Witness in any jail contiguous to the
place of trial or investigation until such time that the Witness is willing to give such testimony or produce such documentary evidence.

Section 15. Perjury or Contempt. - No Witness shall be exempt from prosecution for perjury or contempt committed while giving testimony or
producing evidence under compulsion pursuant to this Act. The penalty next higher in degree shall be imposed in case of conviction for perjury.
The procedure prescribed under Rule 71 of the Rules of Court shall be followed in contempt proceedings but the penalty to be imposed shall not
be less than one (1) month but not more than one (1) year imprisonment.

Section 16. Credibility of Witness. - In all criminal cases, the fact of the entitlement of the Witness to the protection and benefits provided for in
this Act shall not be admissible in evidence to diminish or affect his credibility.

Section 17. Penalty for Harassment of Witness. - Any person who harasses a Witness and thereby hinders, delays, prevents or dissuades a
Witness from:

(a) attending or testifying before any judicial or quasi-judicial body or investigating authority;

(b) reporting to a law enforcement officer or judge the commission or possible commission of an offense, or a violation of conditions or
probation, parole, or release pending judicial proceedings;

(c) seeking the arrest of another person in connection with the offense;

(d) causing a criminal prosecution, or a proceeding for the revocation of a parole or probation; or

(e) performing and enjoying the rights and benefits under this Act or attempts to do so, shall be fined not more than Three thousand
pesos (P3,000.00) or suffer imprisonment of not less than six (6) months but not more than one (1) year, or both, and he shall also
suffer the penalty of perpetual disqualification from holding public office in case of a public officer.

Section 18. Rules and Regulations. - The Department shall promulgate such rules and regulations as may be necessary to implement the
intent and purposes of this Act. Said rules and regulations shall be published in two (2) newspapers of general circulation.

Section 19. Repealing Clause. - All laws, decrees, executive issuances, rules and regulations inconsistent with this Act are hereby repealed or
modified accordingly.

Section 20. Funding. - The amount of Ten million pesos (P10,000,000.00) is hereby authorized to be appropriated out of any funds in the
National Treasury not otherwise appropriated to carry into effect the purpose of this Act.

Expenses incurred in the implementation of the Program may be recovered as part of the cost or indemnity imposed upon the accused.

Furthermore, other funding schemes or sources, subject to the limitations of the law, shall be allowed in furtherance hereof.

13
Section 21. Separability Clause. - The declaration of unconstitutionality or invalidity of any provision of this Act shall not affect the other
provisions hereof.

Section 22. Effectivity. - This Act shall take effect after fifteen (15) days following its publication in two (2) newspapers of general circulation.

Approved: April 24, 1991lawphi1

PRESIDENTIAL DECREE No. 749 July 18, 1975

GRANTING IMMUNITY FROM PROSECUTION TO GIVERS OF BRIBES AND OTHER GIFTS AND TO THEIR ACCOMPLICES IN BRIBERY
AND OTHER GRAFT CASES AGAINST PUBLIC OFFICERS

WHEREAS, public office is a public trust: public officers are but servants of the people, whom they must serve with utmost fidelity and integrity;

WHEREAS, it has heretofore been virtually impossible to secure the conviction and removal of dishonest public servants owing to the lack of
witnesses: the bribe or gift-givers being always reluctant to testify against the corrupt public officials and employees concerned for fear of being
indicted and convicted themselves of bribery and corruption;

WHEREAS, it is better by far and more socially desirable, as well as just, that the bribe or gift giver be granted immunity from prosecution so that
he may freely testify as to the official corruption, than that the official who receives the bribe or gift should be allowed to go free, insolently
remaining in public office, and continuing with his nefarious and corrupt practices, to the great detriment of the public service and the public
interest.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do
hereby decree and order that:

Section 1. Any person who voluntarily gives information about any violation of Articles 210, 211, and 212 of the Revised Penal Code; Republic
Act Numbered Three Thousand Nineteen, as amended; Section 345 of the Internal Revenue Code and Section 3604 of the Tariff and Customs
Code and other provisions of the said Codes penalizing abuse or dishonesty on the part of the public officials concerned; and other laws, rules
and regulations punishing acts of graft, corruption and other forms of official abuse; and who willingly testifies against any public official or
employee for such violation shall be exempt from prosecution or punishment for the offense with reference to which his information and
testimony were given, and may plead or prove the giving of such information and testimony in bar of such prosecution: Provided; that this
immunity may be enjoyed even in cases where the information and testimony are given against a person who is not a public official but who is a
principal, or accomplice, or accessory in the commission of any of the above-mentioned violations: Provided, further, that this immunity may be
enjoyed by such informant or witness notwithstanding that he offered or gave the bribe or gift to the public official or his accomplice for such gift
or bribe-giving; and Provided, finally, that the following conditions concur:

1. The information must refer to consummated violations of any of the above-mentioned provisions of law, rules and regulations;

2. The information and testimony are necessary for the conviction of the accused public officer;

3. Such information and testimony are not yet in the possession of the State;

4. Such information and testimony can be corroborated on its material points; and

5. The informant or witness has not been previously convicted of a crime involving moral turpitude.

Section 2. The immunity granted hereunder shall not attach should it turn out subsequently that the information and/or testimony is false and
malicious or made only for the purpose of harassing, molesting or in any way prejudicing the public officer denounced. In such a case, the public
officer so denounced shall be entitled to any action, civil or criminal, against said informant or witness.

Section 3. All preliminary investigations conducted by a prosecuting fiscal, judge or committee, and all proceedings undertaken in connection
therewith, shall be strictly confidential or private in order to protect the reputation of the official under investigation in the event that the report
proves to be unfounded or no prima facie case is established.

Section 4. All acts, decrees and rules and regulations inconsistent with the provisions of this decree are hereby repealed or modified
accordingly.

Section 5. This Decree shall take effect immediately.

REPUBLIC ACT No. 4908

14
AN ACT REQUIRING JUDGES OF COURTS TO SPEEDILY TRY CRIMINAL CASES WHEREIN THE OFFENDED PARTY IS A PERSON
ABOUT TO DEPART FROM THE PHILIPPINES WITH NO DEFINITE DATE OF RETURN

Section 1. Any provision of existing laws, executive order, rule or regulation to the contrary notwithstanding, the trial of criminal cases wherein
the offended party is a person who is about to depart from the Philippines without a definite date of return, shall take precedence over all other
cases before our courts, except election and habeas corpus cases. The trial in these cases shall commence within three days from the date the
accused is arraigned and no postponement of the initial hearing shall be granted except on the ground of illness on the part of the accused, or
other grounds beyond the control of the accused.

Section 2. This Act shall take effect upon its approval.

REPUBLIC ACT No. 6033

AN ACT REQUIRING COURTS TO GIVE PREFERENCE TO CRIMINAL CASES WHERE THE PARTY OR PARTIES INVOLVE ARE
INDIGENTS.

Section 1. Any provision of existing law to be contrary notwithstanding and with the exception of habeas corpus and election cases and cases
involving detention prisoners, and persons covered by Republic Act Numbered Four thousand nine hundred eight, all courts shall give
preference to the hearing and/or disposition of criminal cases where an indigent is involved either as the offended party or accused. The trial in
these cases shall commence within three days from date of arraignment and no postponement of the hearings shall be granted except on the
ground of illness of the accused or other similar justifiable grounds. City and provincial fiscals and courts shall forthwith conduct the preliminary
investigation of a criminal case involving an indigent within three days after its filing and shall terminate the same within two weeks.

Section 2. As used in this Act, the term "indigent" shall refer to a person who has no visible means of income or whose income is insufficient for
the subsistence of his family, to be determined by the fiscal or judge, taking into account the members of his family dependent upon him for
subsistence.

Section 3. An indigent who is the offended party, respondent or an accused in a criminal case and who desires to avail of the preference
granted under this Act shall file a sworn statement of the fact of his being indigent and the said sworn statement shall be sufficient basis for the
court or fiscal to give preference to the trial and disposition of such criminal case.

Section 4. Any willful or malicious refusal on the part of any fiscal or judge to carry out the provisions of this Act shall constitute sufficient ground
for disciplinary action which may include suspension or removal.

Section 5. This Act shall take effect upon its approval.

PRESIDENTIAL DECREE No. 968 July 24, 1976

ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

WHEREAS, one of the major goals of the government is to establish a more enlightened and humane correctional systems that will promote the
reformation of offenders and thereby reduce the incidence of recidivism;

WHEREAS, the confinement of all offenders prisons and other institutions with rehabilitation programs constitutes an onerous drain on the
financial resources of the country; and

WHEREAS, there is a need to provide a less costly alternative to the imprisonment of offenders who are likely to respond to individualized,
community-based treatment programs;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do
hereby order and decree the following:

Section 1. Title and Scope of the Decree. This Decree shall be known as the Probation Law of 1976. It shall apply to all offenders except those
entitled to the benefits under the provisions of Presidential Decree numbered Six Hundred and three and similar laws.

Section 2. Purpose. This Decree shall be interpreted so as to:

(a) promote the correction and rehabilitation of an offender by providing him with individualized treatment;

(b) provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a prison
sentence; and

15
 (c) prevent the commission of offenses.

Section 3. Meaning of Terms. As used in this Decree, the following shall, unless the context otherwise requires, be construed thus:

(a) "Probation" is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by
the court and to the supervision of a probation officer.

(b) "Probationer" means a person placed on probation.

(c) "Probation Officer" means one who investigates for the court a referral for probation or supervises a probationer or both.

Section 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it shall have convicted and sentenced a defendant
and upon application at any time of said defendant, suspend the execution of said sentence and place the defendant on probation for such
period and upon such terms and conditions as it may deem best.

Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An application for probation shall be filed with
the trial court, with notice to the appellate court if an appeal has been taken from the sentence of conviction. The filing of the application shall be
deemed a waver of the right to appeal, or the automatic withdrawal of a pending appeal.

An order granting or denying probation shall not be appealable.

Section 5. Post-sentence Investigation. No person shall be placed on probation except upon prior investigation by the probation officer and a
determination by the court that the ends of justice and the best interest of the public as well as that of the defendant will be served thereby.

Section 6. Form of Investigation Report. The investigation report to be submitted by the probation officer under Section 5 hereof shall be in the
form prescribed by the Probation Administrator and approved by the Secretary of Justice.

Section 7. Period for Submission of Investigation Report. The probation officer shall submit to the court the investigation report on a defendant
not later than sixty days from receipt of the order of said court to conduct the investigation. The court shall resolve the petition for probation not
later than five days after receipt of said report.

Pending submission of the investigation report and the resolution of the petition, the defendant may be allowed on temporary liberty under his
bail filed in the criminal case; Provided, That, in case where no bail was filed or that the defendant is incapable of filing one, the court may allow
the release of the defendant on recognize the custody of a responsible member of the community who shall guarantee his appearance
whenever required by the court.

Section 8. Criteria for Placing an Offender on Probation. In determining whether an offender may be placed on probation, the court shall
consider all information relative, to the character, antecedents, environment, mental and physical condition of the offender, and available
institutional and community resources. Probation shall be denied if the court finds that:

(a) the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or

(b) there is undue risk that during the period of probation the offender will commit another crime; or

(c) probation will depreciate the seriousness of the offense committed.

Section 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:

(a) sentenced to serve a maximum term of imprisonment of more than six years;

(b) convicted of any offense against the security of the State;

(c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one
day and/or a fine of not less than Two Hundred Pesos;

(d) who have been once on probation under the provisions of this Decree; and

(e) who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33
hereof.

Section 10. Conditions of Probation. Every probation order issued by the court shall contain conditions requiring that the probationer shall:

16
 (a) present himself to the probation officer designated to undertake his supervision at such place as may be specified in the order
within seventy-two hours from receipt of said order;

(b) report to the probation officer at least once a month at such time and place as specified by said officer.

The court may also require the probationer to:

(a) cooperate with a program of supervision;

(b) meet his family responsibilities;

(c) devote himself to a specific employment and not to change said employment without the prior written approval of the probation
officer;

(d) undergo medical, psychological or psychiatric examination and treatment and enter and remain in a specified institution, when
required for that purpose;

(e) pursue a prescribed secular study or vocational training;

(f) attend or reside in a facility established for instruction, recreation or residence of persons on probation;

(g) refrain from visiting houses of ill-repute;

(h) abstain from drinking intoxicating beverages to excess;

(i) permit to probation officer or an authorized social worker to visit his home and place or work;

(j) reside at premises approved by it and not to change his residence without its prior written approval; or

(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive of his liberty or incompatible with
his freedom of conscience.

Section 11. Effectivity of Probation Order. A probation order shall take effect upon its issuance, at which time the court shall inform the offender
of the consequences thereof and explain that upon his failure to comply with any of the conditions prescribed in the said order or his commission
of another offense, he shall serve the penalty imposed for the offense under which he was placed on probation.

Section 12. Modification of Condition of Probation. During the period of probation, the court may, upon application of either the probationer or
the probation officer, revise or modify the conditions or period of probation. The court shall notify either the probationer or the probation officer of
the filing such an application so as to give both parties an opportunity to be heard thereon.

The court shall inform in writing the probation officer and the probationer of any change in the period or conditions of probation.

Section 13. Control and Supervision of Probationer. The probationer and his probation program shall be under the control of the court who
placed him on probation subject to actual supervision and visitation by a probation officer.

Whenever a probationer is permitted to reside in a place under the jurisdiction of another court, control over him shall be transferred to the
Executive Judge of the Court of First Instance of that place, and in such a case, a copy of the probation order, the investigation report and other
pertinent records shall be furnished said Executive Judge. Thereafter, the Executive Judge to whom jurisdiction over the probationer is
transferred shall have the power with respect to him that was previously possessed by the court which granted the probation.

Section 14. Period of Probation.

(a) The period of probation of a defendant sentenced to a term of imprisonment of not more than one year shall not exceed two years,
and in all other cases, said period shall not exceed six years.

(b) When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in case of insolvency, the
period of probation shall not be less than nor to be more than twice the total number of days of subsidiary imprisonment as computed
at the rate established, in Article thirty-nine of the Revised Penal Code, as amended.

Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the court may issue a warrant for the arrest of a
probationer for violation of any of the conditions of probation. The probationer, once arrested and detained, shall immediately be brought before

17
the court for a hearing, which may be informal and summary, of the violation charged. The defendant may be admitted to bail pending such
hearing. In such a case, the provisions regarding release on bail of persons charged with a crime shall be applicable to probationers arrested
under this provision. If the violation is established, the court may revoke or continue his probation and modify the conditions thereof. If revoked,
the court shall order the probationer to serve the sentence originally imposed. An order revoking the grant of probation or modifying the terms
and conditions thereof shall not be appealable.

Section 16. Termination of Probation. After the period of probation and upon consideration of the report and recommendation of the probation
officer, the court may order the final discharge of the probationer upon finding that he has fulfilled the terms and conditions of his probation and
thereupon the case is deemed terminated.

The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend as a result of his conviction and to fully
discharge his liability for any fine imposed as to the offense for which probation was granted.

The probationer and the probation officer shall each be furnished with a copy of such order.

Section 17. Confidentiality of Records. The investigation report and the supervision history of a probationer obtained under this Decree shall be
privileged and shall not be disclosed directly or indirectly to anyone other than the Probation Administration or the court concerned, except that
the court, in its discretion, may permit the probationer of his attorney to inspect the aforementioned documents or parts thereof whenever the
best interest of the probationer make such disclosure desirable or helpful: Provided, Further, That, any government office or agency engaged in
the correction or rehabilitation of offenders may, if necessary, obtain copies of said documents for its official use from the proper court or the
Administration.

Section 18. The Probation Administration. There is hereby created under the Department of Justice an agency to be known as the Probation
Administration herein referred to as the Administration, which shall exercise general supervision over all probationers.

The Administration shall have such staff, operating units and personnel as may be necessary for the proper execution of its functions.

Section 19. Probation Administration. The Administration shall be headed by the Probation Administrator, hereinafter referred to as the
Administrator, who shall be appointed by the President of the Philippines. He shall hold office during good behavior and shall not be removed
except for cause.

The Administrator shall receive an annual salary of at least forty thousand pesos. His powers and duties shall be to:

(a) act as the executive officer of the Administration;

(b) exercise supervision and control over all probation officers;

(c) make annual reports to the Secretary of Justice, in such form as the latter may prescribe, concerning the operation, administration
and improvement of the probation system;

(d) promulgate, subject to the approval of the Secretary of Justice, the necessary rules relative to the methods and procedures of the
probation process;

(e) recommend to the Secretary of Justice the appointment of the subordinate personnel of his Administration and other offices
established in this Decree; and

(f) generally, perform such duties and exercise such powers as may be necessary or incidental to achieve the objectives of this
Decree.

Section 20. Assistant Probation Administrator. There shall be an Assistant Probation Administrator who shall assist the Administrator perform
such duties as may be assigned to him by the latter and as may be provided by law. In the absence of the Administrator, he shall act as head of
the Administration.

He shall be appointed by the President of the Philippines and shall receive an annual salary of at least thirty-six thousand pesos.

Section 21. Qualifications of the Administrator and Assistant Probation Administrator. To be eligible for Appointment as Administrator or
Assistant Probation Administrator, a person must be at least thirty-five years of age, holder of a master's degree or its equivalent in either
criminology, social work, corrections, penology, psychology, sociology, public administration, law, police science, police administration, or related
fields, and should have at least five years of supervisory experience, or be a member of the Philippine Bar with at least seven years of
supervisory experience.

Section 22. Regional Office; Regional Probation Officer. The Administration shall have regional offices organized in accordance with the field
service area patterns established under the Integrated Reorganization Plan.

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Such regional offices shall be headed by a Regional Probation Officer who shall be appointed by President of the Philippines in accordance with
the Integrated Reorganization Plan and upon the recommendation of the Secretary of Justice.

The Regional Probation Officer shall exercise supervision and control over all probation officer within his jurisdiction and such duties as may
assigned to him by the Administrator. He shall have an annual salary of at least twenty-four thousand pesos.

He shall, whenever necessary, be assisted by an Assistant Regional Probation Officer who shall also be appointed by the President of the
Philippines, upon recommendation of the Secretary of Justice, with an annual salary of at least twenty thousand pesos.

Section 23. Provincial and City Probation Officers. There shall be at least one probation officer in each province and city who shall be appointed
by the Secretary of Justice upon recommendation of the Administrator and in accordance with civil service law and rules.

The Provincial or City Probation Officer shall receive an annual salary of at least eighteen thousand four hundred pesos.

His duties shall be to:

(a) investigate all persons referred to him for investigation by the proper court or the Administrator;

(b) instruct all probationers under his supervision of that of the probation aide on the terms and conditions of their probations;

(c) keep himself informed of the conduct and condition of probationers under his charge and use all suitable methods to bring about
an improvement in their conduct and conditions;

(d) maintain a detailed record of his work and submit such written reports as may be required by the Administration or the court having
jurisdiction over the probationer under his supervision;

(e) prepare a list of qualified residents of the province or city where he is assigned who are willing to act as probation aides;

(f) supervise the training of probation aides and oversee the latter's supervision of probationers;

(g) exercise supervision and control over all field assistants, probation aides and other personnel; and

(h) perform such duties as may be assigned by the court or the Administration.

Section 24. Miscellaneous Powers of Provincial and City Probation Officers. Provincial or City Probation Officers shall have the authority within
their territorial jurisdiction to administer oaths and acknowledgments and to take depositions in connection with their duties and functions under
this Decree. They shall also have, with respect to probationers under their care, the powers of police officer.

Section 25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation Officers. No person shall be appointed Regional or
Assistant Regional or Provincial or City Probation Officer unless he possesses at least a bachelor's degree with a major in social work,
sociology, psychology, criminology, penology, corrections, police science, administration, or related fields and has at least three years of
experience in work requiring any of the abovementioned disciplines, or is a member of the Philippine Bar with at least three years of supervisory
experience.

Whenever practicable, the Provincial or City Probation Officer shall be appointed from among qualified residents of the province or city where he
will be assigned to work.

Section 26. Organization. Within twelve months from the approval of this Decree, the Secretary of Justice shall organize the administrative
structure of the Administration and the other agencies created herein. During said period, he shall also determine the staffing patterns of the
regional, provincial and city probation offices with the end in view of achieving maximum efficiency and economy in the operations of the
probation system.

Section 27. Field Assistants, Subordinate Personnel, Provincial or City Probation Officers shall be assisted by such field assistants and
subordinate personnel as may be necessary to enable them to carry out their duties effectively.

Section 28. Probation Aides. To assist the Provincial or City Probation Officers in the supervision of probationers, the Probation Administrator
may appoint citizens of good repute and probity to act as probation aides.

Probation Aides shall not receive any regular compensation for services except for reasonable travel allowance. They shall hold office for such
period as may be determined by the Probation Administrator. Their qualifications and maximum case loads shall be provided in the rules
promulgated pursuant to this Decree.

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Section 29. Violation of Confidential Nature of Probation Records. The penalty of imprisonment ranging from six months and one day to six
years and a fine ranging from hundred to six thousand pesos shall be imposed upon any person who violates Section 17 hereof.

Section 30. Appropriations. There is hereby authorized the appropriation of the sum of Six Million Five Hundred Thousand Pesos or so much as
may be necessary, out of any funds in the National Treasury not otherwise appropriated, to carry out the purposes of this Decree. Thereafter, the
amount of at least Ten Million Five Hundred Thousand Pesos or so much as may be necessary shall be included in the annual appropriations of
the national government.

Section 31. Repealing Clause. All provisions of existing laws, orders and regulations contrary to or inconsistent with this Decree are hereby
repealed or modified accordingly.

Section 32. Separability of Provisions. If any part, section or provision of this Decree shall be held invalid or unconstitutional, no other parts,
sections or provisions hereof shall be affected thereby.

Section 33. Effectivity. This Decree shall take effect upon its approval: Provided, However, That, the application of its substantive provisions
concerning the grant of probation shall only take effect twelve months after the certification by the Secretary of Justice to the Chief Justice of the
Supreme Court that the administrative structure of the Probation Administration and of the other agencies has been organized.

DONE in the City of Manila, this 24th day of July in the year of Our Lord, nineteen hundred and seventy-six.

ADMINISTRATIVE CIRCULAR NO. 7-A-92 June 21, 1993

TO: THE REGIONAL TRIAL COURTS, SHARI'A DISTRICT COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL
TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, AND SHARI'A CIRCUIT
COURTS

SUBJECT: GUIDELINES IN THE ARCHIVING OF CASES

Administrative Circular No. 7-92, dated October 12, 1992, is hereby amended to read as follows:

The attention of the Court has been called to the lack of uniformity in the policies adopted by the individual judges with respect to the archiving
cases. There are likewise reports of indiscriminate archiving of cases without apparent justifiable reason. The following guidelines are therefore
established in the archiving of cases:

I. CRIMINAL CASES

a) A criminal case may be archived only if after the issuance of the warrant of arrest, the accused remains at large for six (6) months from the
delivery of the warrant to the proper peace officer. An order archiving the case shall require the peace officer to explain why the accused was not
apprehended. The court shall issue an alias if the original warrant of arrest is returned by the peace officer together with the report.

b) The court, motu proprio or upon motion of any party, may likewise archive a criminal case when proceedings therein are ordered suspended
for an indefinite period because:

1) the accused appears to be suffering from an unsound mental condition which effectively renders him unable to fully
understand the charge against him and to plead intelligently, or to undergo trial, and he has to be committed to a mental
hospital;

2) a valid prejudicial question in a civil action is invoked during the pendency of the criminal case unless the civil and the
criminal cases are consolidated;

3) an interlocutory order or incident in the criminal case is elevated to, and is pending resolution/decision for an indefinite
period before a higher court which has issued a temporary restraining order or writ of preliminary injunction; and

4) when the accused has jumped bail before arraignment and cannot be arrested by his bondsmen.

II. CIVIL CASES

In civil cases, the court may motu proprio or upon motion, order that a civil case be archived only in the following instances:

a) When the parties are in the process of settlement, in which case the proceedings may be suspended and the case
archived for a period not exceeding ninety (90) days. The case shall be included in the trial calendar on the day immediately
following the lapse of the suspension period.

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 b) When an interlocutory order or incident in the civil case is elevated to, and is pending resolution/decision for an indefinite
period before a higher court which has issued a temporary restraining order or writ of preliminary injunction.

c) When defendant, without fault or neglect of plaintiff, cannot be served with summons within six (6) months from issuance
of original summons.

GENERAL PROVISIONS

a) Copies of the Order archiving the case shall be furnished the parties.

b) A special docket shall be maintained to record the cases both criminal and civil that have been archived.

c) A periodic review of the archived cases shall be made by the Presiding Judge.

d) The Presiding Judge shall, motu propio or upon motion by any party, order the reinstatement/revival of an archived case
and its withdrawal from the archives whenever the same is ready for trial or further proceedings.

e) The Branch Clerk of Court shall submit to the Office of the Court Administrator a consolidated list of archived cases not
later than the first week of January of every year.

Strict compliance with this Administrative Circular is hereby enjoined.

Republic Act No. 9285 April 2, 2004

AN ACT TO INSTITUTIONALIZE THE USE OF AN ALTERNATIVE DISPUTE RESOLUTION SYSTEM IN THE PHILIPPINES AND TO
ESTABLISH THE OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

CHAPTER 1 - GENERAL PROVISIONS

SECTION 1. Title. - This act shall be known as the "Alternative Dispute Resolution Act of 2004."

SEC. 2. Declaration of Policy. - it is hereby declared the policy of the State to actively promote party autonomy in the resolution of disputes or
the freedom of the party to make their own arrangements to resolve their disputes. Towards this end, the State shall encourage and actively
promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and declog court
dockets. As such, the State shall provide means for the use of ADR as an efficient tool and an alternative procedure for the resolution of
appropriate cases. Likewise, the State shall enlist active private sector participation in the settlement of disputes through ADR. This Act shall be
without prejudice to the adoption by the Supreme Court of any ADR system, such as mediation, conciliation, arbitration, or any combination
thereof as a means of achieving speedy and efficient means of resolving cases pending before all courts in the Philippines which shall be
governed by such rules as the Supreme Court may approve from time to time.

SEC. 3. Definition of Terms. - For purposes of this Act, the term:

(a) "Alternative Dispute Resolution System" means any process or procedure used to resolve a dispute or controversy, other than by
adjudication of a presiding judge of a court or an officer of a government agency, as defined in this Act, in which a neutral third party
participates to assist in the resolution of issues, which includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial,
or any combination thereof;

(b) "ADR Provider" means institutions or persons accredited as mediator, conciliator, arbitrator, neutral evaluator, or any person
exercising similar functions in any Alternative Dispute Resolution system. This is without prejudice to the rights of the parties to choose
nonaccredited individuals to act as mediator, conciliator, arbitrator, or neutral evaluator of their dispute.

Whenever reffered to in this Act, the term "ADR practitioners" shall refer to individuals acting as mediator, conciliator, arbitrator or
neutral evaluator;

(c) "Authenticate" means to sign, execute or adopt a symbol, or encrypt a record in whole or in part, intended to identity the
authenticating party and to adopt, accept or establish the authenticity of a record or term;

(d) "Arbitration" means a voluntary dispute resolution process in which one or more arbitrators, appointed in accordance with the
agreement of the parties, or rules promulgated pursuant to this Act, resolve a dispute by rendering an award;

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(e) "Arbitrator" means the person appointed to render an award, alone or with others, in a dispute that is the subject of an arbitration
agreement;

(f) "Award" means any partial or final decision by an arbitrator in resolving the issue in a controversy;

(g) "Commercial Arbitration" An arbitration is "commercial if it covers matter arising from all relationships of a commercial nature,
whether contractual or not;

(h) "Confidential information" means any information, relative to the subject of mediation or arbitration, expressly intended by the
source not to be disclosed, or obtained under circumstances that would create a reasonable expectation on behalf of the source that
the information shall not be disclosed. It shall include (1) communication, oral or written, made in a dispute resolution proceedings,
including any memoranda, notes or work product of the neutral party or non-party participant, as defined in this Act; (2) an oral or
written statement made or which occurs during mediation or for purposes of considering, conducting, participating, initiating,
continuing of reconvening mediation or retaining a mediator; and (3) pleadings, motions manifestations, witness statements, reports
filed or submitted in an arbitration or for expert evaluation;

(i) "Convention Award" means a foreign arbitral award made in a Convention State;

(j) "Convention State" means a State that is a member of the New York Convention;

(k) "Court" as referred to in Article 6 of the Model Law shall mean a Regional Trial Court;

(l) "Court-Annexed Mediation" means any mediation process conducted under the auspices of the court, after such court has acquired
jurisdiction of the dispute;

(m) "Court-Referred Mediation" means mediation ordered by a court to be conducted in accordance with the Agreement of the Parties
when as action is prematurely commenced in violation of such agreement;

(n) "Early Neutral Evaluation" means an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase
to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the
subject in the substance of the dispute;

(o) "Government Agency" means any government entity, office or officer, other than a court, that is vested by law with quasi-judicial
power to resolve or adjudicate dispute involving the government, its agencies and instrumentalities, or private persons;

(p) "International Party" shall mean an entity whose place of business is outside the Philippines. It shall not include a domestic
subsidiary of such international party or a coventurer in a joint venture with a party which has its place of business in the Philippines.

The term foreigner arbitrator shall mean a person who is not a national of the Philippines.

(q) "Mediation" means a voluntary process in which a mediator, selected by the disputing parties, facilitates communication and
negotiation, and assist the parties in reaching a voluntary agreement regarding a dispute.

(r) "Mediator" means a person who conducts mediation;

(s) "Mediation Party" means a person who participates in a mediation and whose consent is necessary to resolve the dispute;

(t) "Mediation-Arbitration" or Med-Arb is a step dispute resolution process involving both mediation and arbitration;

(u) "Mini-Trial" means a structured dispute resolution method in which the merits of a case are argued before a panel comprising
senior decision makers with or without the presence of a neutral third person after which the parties seek a negotiated settlement;

(v) "Model Law" means the Model Law on International Commercial Arbitration adopted by the United Nations Commission on
International Trade Law on 21 June 1985;

(w) "New York Convention" means the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards
approved in 1958 and ratified by the Philippine Senate under Senate Resolution No. 71;

(x) "Non-Convention Award" means a foreign arbitral award made in a State which is not a Convention State;

(y) "Non-Convention State" means a State that is not a member of the New York Convention.

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 (z) "Non-Party Participant" means a person, other than a party or mediator, who participates in a mediation proceeding as a witness,
resource person or expert;

(aa) "Proceeding" means a judicial, administrative, or other adjudicative process, including related pre-hearing motions, conferences
and discovery;

(bb) "Record" means an information written on a tangible medium or stored in an electronic or other similar medium, retrievable form;
and

(cc) "Roster" means a list of persons qualified to provide ADR services as neutrals or to serve as arbitrators.

SEC. 4. Electronic Signatures in Global and E-Commerce Act. - The provisions of the Electronic Signatures in Global and E-Commerce Act,
and its implementing Rules and Regulations shall apply to proceeding contemplated in this Act.

SEC. 5. Liability of ADR Provider and Practitioner. - The ADR providers and practitioners shall have the same civil liability for the Acts done in
the performance of then duties as that of public officers as provided in Section 38 (1), Chapter 9, Book of the Administrative Code of 1987.

SEC. 6. Exception to the Application of this Act. - The provisions of this Act shall not apply to resolution or settlement of the following: (a)
labor disputes covered by Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines, as amended and its
Implementing Rules and Regulations; (b) the civil status of persons; (c) the validity of a marriage; (d) any ground for legal separation; (e) the
jurisdiction of courts; (f) future legitime; (g) criminal liability; and (h) those which by law cannot be compromised.

CHAPTER 2 - MEDIATION

SEC. 7. Scope. - The provisions of this Chapter shall cover voluntary mediation, whether ad hoc or institutional, other than court-annexed. The
term "mediation' shall include conciliation.

SEC. 8. Application and Interpretation. - In applying construing the provisions of this Chapter, consideration must be given to the need to
promote candor or parties and mediators through confidentiality of the mediation process, the policy of fostering prompt, economical, and
amicable resolution of disputes in accordance with the principles of integrity of determination by the parties, and the policy that the decision-
making authority in the mediation process rests with the parties.

SEC. 9. Confidentiality of Information. - Information obtained through mediation proceedings shall be subject to the following principles and
guidelines:

(a) Information obtained through mediation shall be privileged and confidential.

(b) A party, a mediator, or a nonparty participant may refuse to disclose and may prevent any other person from disclosing a mediation
communication.

(c) Confidential Information shall not be subject to discovery and shall be inadmissible if any adversarial proceeding, whether judicial
or quasi-judicial, However, evidence or information that is otherwise admissible or subject to discovery does not become inadmissible
or protected from discovery solely by reason of its use in a mediation.

(d) In such an adversarial proceeding, the following persons involved or previously involved in a mediation may not be compelled to
disclose confidential information obtained during mediation: (1) the parties to the dispute; (2) the mediator or mediators; (3) the
counsel for the parties; (4) the nonparty participants; (5) any persons hired or engaged in connection with the mediation as secretary,
stenographer, clerk or assistant; and (6) any other person who obtains or possesses confidential information by reason of his/her
profession.

(e) The protections of this Act shall continue to apply even of a mediator is found to have failed to act impartially.

(f) a mediator may not be called to testify to provide information gathered in mediation. A mediator who is wrongfully subpoenaed shall
be reimbursed the full cost of his attorney's fees and related expenses.

SEC. 10. Waiver of Confidentiality. - A privilege arising from the confidentiality of information may be waived in a record, or orally during a
proceeding by the mediator and the mediation parties.

A privilege arising from the confidentiality of information may likewise be waived by a nonparty participant if the information is provided by such
nonparty participant.

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A person who discloses confidential information shall be precluded from asserting the privilege under Section 9 of this Chapter to bar disclosure
of the rest of the information necessary to a complete understanding of the previously disclosed information. If a person suffers loss or damages
in a judicial proceeding against the person who made the disclosure.

A person who discloses or makes a representation about a mediation is preclude from asserting the privilege under Section 9, to the extent that
the communication prejudices another person in the proceeding and it is necessary for the person prejudiced to respond to the representation of
disclosure.

SEC. 11. Exceptions to Privilege. -

(a) There is no privilege against disclosure under Section 9 if mediation communication is:

(1) in an agreement evidenced by a record authenticated by all parties to the agreement;

(2) available to the public or that is made during a session of a mediation which is open, or is required by law to be open, to
the public;

(3) a threat or statement of a plan to inflict bodily injury or commit a crime of violence;

(4) internationally used to plan a crime, attempt to commit, or commit a crime, or conceal an ongoing crime or criminal
activity;

(5) sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a public
agency is protecting the interest of an individual protected by law; but this exception does not apply where a child protection
matter is referred to mediation by a court or a public agency participates in the child protection mediation;

(6) sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against
mediator in a proceeding; or

(7) sought or offered to prove or disprove a claim of complaint of professional misconduct of malpractice filed against a
party, nonparty participant, or representative of a party based on conduct occurring during a mediation.

(b) There is no privilege under Section 9 if a court or administrative agency, finds, after a hearing in camera, that the party seeking
discovery of the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the
evidence that substantially outweighs the interest in protecting confidentiality, and the mediation communication is sought or offered in:

(1) a court proceeding involving a crime or felony; or

(2) a proceeding to prove a claim or defense that under the law is sufficient to reform or avoid a liability on a contract arising
out of the mediation.

(c) A mediator may not be compelled to provide evidence of a mediation communication or testify in such proceeding.

(d) If a mediation communication is not privileged under an exception in subsection (a) or (b), only the portion of the communication
necessary for the application of the exception for nondisclosure may be admitted. The admission of particular evidence for the limited
purpose of an exception does not render that evidence, or any other mediation communication, admissible for any other purpose.

SEC. 12. Prohibited Mediator Reports. - A mediator may not make a report, assessment, evaluation, recommendation, finding, or other
communication regarding a mediation to a court or agency or other authority that make a ruling on a dispute that is the subject of a mediation,
except:

(a) Where the mediation occurred or has terminated, or where a settlement was reached.

(b) As permitted to be disclosed under Section 13 of this Chapter.

SEC. 13. Mediator's Disclosure and Conflict of Interest. - The mediation shall be guided by the following operative principles:

(a) Before accepting a mediation, an individual who is requested to serve as a mediator shall:

(1) make an inquiry that is reasonable under the circumstances to determinate whether there are any known facts that a
reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest

24
 in the outcome of the mediation and any existing or past relationship with a party or foreseeable participant in the mediation;
and

(2) disclosure to the mediation parties any such fact known or learned as soon as is practical before accepting a mediation.

(b) If a mediation learns any fact described in paragraph (a) (1) of this section after accepting a mediation, the mediator shall disclose
it as soon as practicable.

At the request of a mediation party, an individual who is requested to serve as mediator shall disclose his/her qualifications to mediate a dispute.

This Act does not require that a mediator shall have special qualifications by background or profession unless the special qualifications of a
mediator are required in the mediation agreement or by the mediation parties.

SEC. 14. Participation in Mediation. - Except as otherwise provided in this Act, a party may designate a lawyer or any other person to provide
assistance in the mediation. A lawyer of this right shall be made in writing by the party waiving it. A waiver of participation or legal representation
may be rescinded at any time.

SEC. 15. Place of Mediation. - The parties are free to agree on the place of mediation. Failing such agreement, the place of mediation shall be
any place convenient and appropriate to all parties.

SEC. 16. Effect of Agreement to Submit Dispute to Mediation Under Institutional Rules. - An agreement to submit a dispute to mediation
by any institution shall include an agreement to be bound by the internal mediation and administrative policies of such institution. Further, an
agreement to submit a dispute to mediation under international mediation rule shall be deemed to include an agreement to have such rules
govern the mediation of the dispute and for the mediator, the parties, their respective counsel, and nonparty participants to abide by such rules.

In case of conflict between the institutional mediation rules and the provisions of this Act, the latter shall prevail.

SEC. 17. Enforcement of Mediated Settlement Agreement. - The mediation shall be guided by the following operative principles:

(a) A settlement agreement following successful mediation shall be prepared by the parties with the assistance of their respective
counsel, if any, and by the mediator.

The parties and their respective counsels shall endeavor to make the terms and condition thereof complete and make adequate
provisions for the contingency of breach to avoid conflicting interpretations of the agreement.

(b) The parties and their respective counsels, if any, shall sign the settlement agreement. The mediator shall certify that he/she
explained the contents of the settlement agreement to the parties in a language known to them.

(c) If the parties so desire, they may deposit such settlement agreement with the appropriate Clerk of a Regional Trial Court of the
place where one of the parties resides. Where there is a need to enforce the settlement agreement, a petition may be filed by any of
the parties with the same court, in which case, the court shall proceed summarily to hear the petition, in accordance with such rules of
procedure as may be promulgated by the Supreme Court.

(d) The parties may agree in the settlement agreement that the mediator shall become a sole arbitrator for the dispute and shall treat
the settlement agreement as an arbitral award which shall be subject to enforcement under Republic Act No. 876, otherwise known as
the Arbitration Law, notwithstanding the provisions of Executive Order No. 1008 for mediated dispute outside of the CIAC.

CHAPTER 3 - OTHER ADR FORMS

SEC. 18. Referral of Dispute to other ADR Forms. - The parties may agree to refer one or more or all issues arising in a dispute or during its
pendency to other forms of ADR such as but not limited to (a) the evaluation of a third person or (b) a mini-trial, (c) mediation-arbitration, or a
combination thereof.

For purposes of this Act, the use of other ADR forms shall be governed by Chapter 2 of this Act except where it is combined with arbitration in
which case it shall likewise be governed by Chapter 5 of this Act.

CHAPTER 4 - INTERNATIONAL COMMERCIAL ARBITRATION

SEC. 19. Adoption of the Model Law on International Commercial Arbitration. - International commercial arbitration shall be governed by
the Model Law on International Commercial Arbitration (the "Model Law") adopted by the United Nations Commission on International Trade Law
on June 21, 1985 (United Nations Document A/40/17) and recommended approved on December 11, 1985, copy of which is hereto attached as
Appendix "A".

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SEC. 20. Interpretation of Model Law. - In interpreting the Model Law, regard shall be had to its international origin and to the need for
uniformity in its interpretation and resort may be made to the travaux preparatories and the report of the Secretary General of the United Nations
Commission on International Trade Law dated March 25, 1985 entitled, "International Commercial Arbitration: Analytical Commentary on Draft
Trade identified by reference number A/CN. 9/264."

SEC. 21. Commercial Arbitration. - An arbitration is "commercial" if it covers matters arising from all relationships of a commercial nature,
whether contractual or not. Relationships of a transactions: any trade transaction for the supply or exchange of goods or services; distribution
agreements; construction of works; commercial representation or agency; factoring; leasing, consulting; engineering; licensing; investment;
financing; banking; insurance; joint venture and other forms of industrial or business cooperation; carriage of goods or passengers by air, sea,
rail or road.

SEC. 22. Legal Representation in International Arbitration. - In international arbitration conducted in the Philippines, a party may be
presented by any person of his choice. Provided, that such representative, unless admitted to the practice of law in the Philippines, shall not be
authorized to appear as counsel in any Philippine court, or any other quasi-judicial body whether or not such appearance is in relation to the
arbitration in which he appears.

SEC. 23. Confidential of Arbitration Proceedings. - The arbitration proceedings, including the records, evidence and the arbitral award, shall
be considered confidential and shall not be published except (1) with the consent of the parties, or (2) for the limited purpose of disclosing to the
court of relevant documents in cases where resort to the court is allowed herein. Provided, however, that the court in which the action or the
appeal is pending may issue a protective order to prevent or prohibit disclosure of documents or information containing secret processes,
developments, research and other information where it is shown that the applicant shall be materially prejudiced by an authorized disclosure
thereof.

SEC. 24. Referral to Arbitration. - A court before which an action is brought in a matter which is the subject matter of an arbitration agreement
shall, if at least one party so requests not later that the pre-trial conference, or upon the request of both parties thereafter, refer the parties to
arbitration unless it finds that the arbitration agreement is null and void, inoperative or incapable of being performed.

SEC. 25. Interpretation of the Act. - In interpreting the Act, the court shall have due regard to the policy of the law in favor of arbitration. Where
action is commenced by or against multiple parties, one or more of whom are parties who are bound by the arbitration agreement although the
civil action may continue as to those who are not bound by such arbitration agreement.

SEC. 26. Meaning of "Appointing Authority.". - "Appointing Authority" as used in the Model Law shall mean the person or institution named in
the arbitration agreement as the appointing authority; or the regular arbitration arbitration institution under whose rules the arbitration is agreed
to be conducted. Where the parties have agreed to submit their dispute to institutional arbitration rules, and unless they have agreed to a
different procedure, they shall be deemed to have agreed to procedure under such arbitration rules for the selection and appointment of
arbitrators. In ad hoc arbitration, the default appointment of an arbitrator shall be made by the National President of the Integrated Bar of the
Philippines (IBP) or his duly authorized representative.

SEC. 27. What Functions May be Performed by Appointing Authority. - The functions referred to in Articles 11(3), 11(4), 13(3) and 14(1) of
the Model Law shall be performed by the Appointing Authority, unless the latter shall fail or refuse to act within thirty (30) days from receipt of the
request in which case the applicant may renew the application with the Court.

SEC. 28. Grant of Interim Measure of Protection. -

(a) It is not incompatible with an arbitration agreement for a party to request, before constitution of the tribunal, from a Court an interim
measure of protection and for the Court to grant such measure. After constitution of the arbitral tribunal and during arbitral
proceedings, a request for an interim measure of protection or modification thereof, may be made with the arbitral tribunal or to the
extent that the arbitral tribunal has no power to act or is unable to act effectively, the request may be made with the Court. The arbitral
tribunal is deemed constituted when the sole arbitrator or the third arbitrator who has been nominated, has accepted the nomination
and written communication of said nomination and acceptance has been received by the party making request.

(b) The following rules on interim or provisional relief shall be observed:

(1) Any party may request that provision relief be granted against the adverse party:

(2) Such relief may be granted:

(i) to prevent irreparable loss or injury:

(ii) to provide security for the performance of any obligation;

(iii) to produce or preserve any evidence; or

(iv) to compel any other appropriate act or omission.

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 (3) The order granting provisional relief may be conditioned upon the provision of security or any act or omission specified in
the order.

(4) Interim or provisional relief is requested by written application transmitted by reasonable means to the Court or arbitral
tribunal as the case may be and the party against whom the relief is sought, describing in appropriate detail the precise
relief, the party against whom the relief is requested, the grounds for the relief, and evidence supporting the request.

(5) The order shall be binding upon the parties.

(6) Either party may apply with the Court for assistance in Implementing or enforcing an interim measure ordered by an
arbitral tribunal.

(7) A party who does not comply with the order shall be liable for all damages resulting from noncompliance, including all
expenses, and reasonable attorney's fees, paid in obtaining the order's judicial enforcement.

SEC. 29. Further Authority for Arbitrator to Grant Interim Measure of Protection. - Unless otherwise agreed by the parties, the arbitral
tribunal may, at the request of a party, order any party to take such interim measures of protection as the arbitral tribunal may consider
necessary in respect of the subject matter of the dispute following the rules in Section 28, paragraph 2. Such interim measures may include but
shall not be limited to preliminary injuction directed against a party, appointment of receivers or detention, preservation, inspection of property
that is the subject of the dispute in arbitration. Either party may apply with the Court for assistance in implementing or enforcing an interim
measures ordered by an arbitral tribunal.

SEC. 30. Place of Arbitration. - The parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitration shall
be in Metro Manila, unless the arbitral tribunal, having regard to the circumstances of the case, including the convenience of the parties shall
decide on a different place of arbitration.

The arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its
members, for hearing witnesses, experts, or the parties, or for inspection of goods, other property or documents.

SEC. 31. Language of the Arbitration. - The parties are free to agree on the language or languages to be used in the arbitral proceedings.
Failing such agreement, the language to be used shall be English in international arbitration, and English or Filipino for domestic arbitration,
unless the arbitral tribunal shall determine a different or another language or languages to be used in the proceedings. This agreement or
determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing and any award, decision or other
communication by the arbitral tribunal.

The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed
upon by the parties or determined in accordance with paragraph 1 of this section.

CHAPTER 5 - DOMESTIC ARBITRATION

SEC. 32. Law Governing Domestic Arbitration. - Domestic arbitration shall continue to be governed by Republic Act No. 876, otherwise
known as "The Arbitration Law" as amended by this Chapter. The term "domestic arbitration" as used herein shall mean an arbitration that is not
international as defined in Article (3) of the Model Law.

SEC. 33. Applicability to Domestic Arbitration. - Article 8, 10, 11, 12, 13, 14, 18 and 19 and 29 to 32 of the Model Law and Section 22 to 31 of
the preceding Chapter 4 shall apply to domestic arbitration.

CHAPTER 6 - ARBITRATION OF CONSTRUCTION DISPUTES

SEC. 34. Arbitration of Construction Disputes: Governing Law. - The arbitration of construction disputes shall be governed by Executive
Order No. 1008, otherwise known as the Constitution Industry Arbitration Law.

SEC. 35. Coverage of the Law. - Construction disputes which fall within the original and exclusive jurisdiction of the Construction Industry
Arbitration Commission (the "Commission") shall include those between or among parties to, or who are otherwise bound by, an arbitration
agreement, directly or by reference whether such parties are project owner, contractor, subcontractor, quantity surveyor, bondsman or issuer of
an insurance policy in a construction project.

The Commission shall continue to exercise original and exclusive jurisdiction over construction disputes although the arbitration is "commercial"
pursuant to Section 21 of this Act.

SEC. 36. Authority to Act as Mediator or Arbitrator. - By written agreement of the parties to a dispute, an arbitrator may act as mediator and
a mediator may act as arbitrator. The parties may also agree in writing that, following a successful mediation, the mediator shall issue the
settlement agreement in the form of an arbitral award.

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SEC. 37. Appointment of Foreign Arbitrator. - The Construction Industry Arbitration Commission (CIAC) shall promulgate rules to allow for the
appointment of a foreign arbitrator or coarbitrator or chairman of a tribunal a person who has not been previously accredited by CIAC: Provided,
That:

(a) the dispute is a construction dispute in which one party is an international party

(b) the person to be appointed agreed to abide by the arbitration rules and policies of CIAC;

(c) he/she is either coarbitrator upon the nomination of the international party; or he/she is the common choice of the two CIAC-
accredited arbitrators first appointed one of whom was nominated by the international party; and

(d) the foreign arbitrator shall be of different nationality from the international party.

SEC. 38. Applicability to Construction Arbitration. - The provisions of Sections 17 (d) of Chapter 2, and Section 28 and 29 of this Act shall
apply to arbitration of construction disputes covered by this Chapter.

SEC. 39. Court to Dismiss Case Involving a Construction Dispute. - A regional trial court which a construction dispute is filed shall, upon
becoming aware, not later than the pretrial conference, that the parties had entered into an arbitration to be conducted by the CIAC, unless both
parties, assisted by their respective counsel, shall submit to the regional trial court a written agreement exclusive for the Court, rather than the
CIAC, to resolve the dispute.

CHAPTER 7 - JUDICIAL REVIEW OF ARBITRAL AWARDS

A. DOMESTIC AWARDS

SEC. 40. Confirmation of Award. - The confirmation of a domestic arbitral award shall be governed by Section 23 of R.A. 876.

A domestic arbitral award when confirmed shall be enforced in the same manner as final and executory decisions of the Regional Trial Court.

The confirmation of a domestic award shall be made by the regional trial court in accordance with the Rules of Procedure to be promulgated by
the Supreme Court.

A CIAC arbitral award need not be confirmed by the regional trial court to be executory as provided under E.O. No. 1008.

SEC. 41. Vacation Award. - A party to a domestic arbitration may question the arbitral award with the appropriate regional trial court in
accordance with the rules of procedure to be promulgated by the Supreme Court only on those grounds enumerated in Section 25 of Republic
Act No. 876. Any other ground raised against a domestic arbitral award shall be disregarded by the regional trial court.

B. FOREIGN ARBITRAL AWARDS

SEC. 42. Application of the New York Convention. - The New York Convention shall govern the recognition and enforcement of arbitral
awards covered by the said Convention.

The recognition and enforcement of such arbitral awards shall be filled with regional trial court in accordance with the rules of procedure to be
promulgated by the Supreme Court. Said procedural rules shall provide that the party relying on the award or applying for its enforcement shall
file with the court the original or authenticated copy of the award and the arbitration agreement. If the award or agreement is not made in any of
the official languages, the party shall supply a duly certified translation thereof into any of such languages.

The applicant shall establish that the country in which foreign arbitration award was made is a party to the New York Convention.

If the application for rejection or suspension of enforcement of an award has been made, the regional trial court may, if it considers it proper,
vacate its decision and may also, on the application of the party claiming recognition or enforcement of the award, order the party to provide
appropriate security.

SEC. 43. Recognition and Enforcement of Foreign Arbitral Awards Not Covered by the New York Convention. - The recognition and
enforcement of foreign arbitral awards not covered by the New York Convention shall be done in accordance with procedural rules to be
promulgated by the Supreme Court. The Court may, grounds of comity and reciprocity, recognize and enforce a nonconvention award as a
convention award.

SEC. 44. Foreign Arbitral Award Not Foreign Judgment. - A foreign arbitral award when confirmed by a court of a foreign country, shall be
recognized and enforced as a foreign arbitral award and not a judgment of a foreign court.

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A foreign arbitral award, when confirmed by the regional trial court, shall be enforced as a foreign arbitral award and not as a judgment of a
foreign court.

A foreign arbitral award, when confirmed by the regional trial court, shall be enforced in the same manner as final and executory decisions of
courts of law of the Philippines.

SEC. 45. Rejection of a Foreign Arbitral Award. - A party to a foreign arbitration proceeding may oppose an application for recognition and
enforcement of the arbitral award in accordance with the procedural rules to be promulgated by the Supreme Court only on those grounds
enumerated under Article V of the New York Convention. Any other ground raised shall be disregarded by the regional trial court.

SEC. 46. Appeal from Court Decisions on Arbitral Awards. - A decision of the regional trial court confirming, vacating, setting aside,
modifying or correcting an arbitral award may be appealed to the Court of Appeals in accordance with the rules of procedure to be promulgated
by the Supreme Court.

The losing party who appeals from the judgment of the court confirming an arbitral award shall required by the appealant court to post
counterbond executed in favor of the prevailing party equal to the amount of the award in accordance with the rules to be promulgated by the
Supreme Court.

SEC. 47. Venue and Jurisdiction. - Proceedings for recognition and enforcement of an arbitration agreement or for vacation, setting aside,
correction or modification of an arbitral award, and any application with a court for arbitration assistance and supervision shall be deemed as
special proceedings and shall be filled with the regional trial court (i) where arbitration proceedings are conducted; (ii) where the asset to be
attached or levied upon, or the act to be enjoined is located; (iii) where any of the parties to the dispute resides or has his place of business; or
(iv) in the National Judicial Capital Region, at the option of the applicant.

SEC. 48. Notice of Proceeding to Parties. - In a special proceeding for recognition and enforcement of an arbitral award, the Court shall send
notice to the parties at their address of record in the arbitration, or if any party cannot be served notice at such address, at such party's last
known address. The notice shall be sent at least fifteen (15) days before the date set for the initial hearing of the application.

CHAPTER 8 - MISCELLANEOUS PROVISIONS

SEC. 49. Office for Alternative Dispute Resolution. - There is hereby established the Office for Alternative Dispute Resolution as an attached
agency to the Department of Justice (DOJ) which shall have a Secretariat to be headed by an executive director. The executive director shall be
appointed by the President of the Philippines.

The objective of the office are:

(a) to promote, develop and expand the use of ADR in the private and public sectors; and

To assist the government to monitor, study and evaluate the use by the public and the private sector of ADR, and recommend to Congress
needful statutory changes to develop. Strengthen and improve ADR practices in accordance with world standards.

SEC. 50. Powers and Functions of the Office for Alternative Dispute Resolution. - The Office for Alternative Dispute Resolution shall have
the following powers and functions:

(a) To formulate standards for the training of the ADR practitioners and service providers;

(b) To certify that such ADR practitioners and ADR service providers have undergone the professional training provided by the office;

(c) To coordinate the development, implementation, monitoring, and evaluation of government ADR programs;

(d) To charge fees for their services; and

(e) To perform such acts as may be necessary to carry into effect the provisions of this Act.

SEC. 51. Appropriations. - The amount necessary to carry out the provisions of this Act shall be included in the General Appropriations Act of
the year following its enactment into law and thereafter.

SEC. 52. Implementing Rules and Regulations (IRR). - Within one (1) month after the approval of this Act, the secretary of justice shall
convene a committee that shall formulate the appropriate rules and regulations necessary for the implementation of this Act. The committee,
composed of representatives from:

(a) the Department of Justice;

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 (b) the Department of Trade and Industry;

(c) the Department of the Interior and Local Government;

(d) the president of the Integrated Bar of the Philippines;

(e) A representative from the arbitration profession; and

(f) A representative from the mediation profession; and

(g) A representative from the ADR organizations

shall within three (3) months after convening, submit the IRR to the Joint Congressional Oversight Committee for review and approval. The
Oversight Committee shall be composed of the chairman of the Senate Committee on Justice and Human Rights, chairman of the House
Committee on Justice, and one (1) member each from the majority and minority of both Houses.

The Joint Oversight Committee shall become functus officio upon approval of the IRR.

SEC. 53. Applicability of the Katarungan Pambarangay. - This Act shall not be interpreted to repeal, amend or modify the jurisdiction of the
Katarungan Pambarangay under Republic Act No. 7160, otherwise known as the Local Government Code of 1991.

SEC. 54. Repealing Clause. - All laws, decrees, executive orders, rules and regulations which are inconsistent with the provisions of this Act
are hereby repealed, amended or modified accordingly.

SEC. 55. Separability Clause. - If for any reason or reasons, any portion or provision of this Act shall be held unconstitutional or invalid, all
other parts or provisions not affected shall thereby continue to remain in full force and effect.

SEC. 56. Effectivity. - This act shall take effect fifteen days (15) after its publication in at least two (2) national newspapers of general
circulation.

Republic Act No. 7160 October 10, 1991

Setion 41(b) Amended by RA 8553
Setion 43 Amended by RA 8553

AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991

Section 415. Appearance of Parties in Person. - In all katarungang pambarangay proceedings, the parties must appear in person without the
assistance of counsel or representative, except for minors and incompetents who may be assisted by their next-of-kin who are not lawyers.

Section 416. Effect of Amicable Settlement and Arbitration Award. - The amicable settlement and arbitration award shall have the force and
effect of a final judgment of a court upon the expiration of ten (10) days from the date thereof, unless repudiation of the settlement has been
made or a petition to nullify the award has been filed before the proper city or municipal court.

However, this provision shall not apply to court cases settled by the lupon under the last paragraph of Section 408 of this Code, in which case
the compromise or the pangkat chairman shall be submitted to the court and upon approval thereof, have the force and effect of a judgment of
said court.

Section 417. Execution. - The amicable settlement or arbitration award may be enforced by execution by the lupon within six (6) months from
the date of the settlement. After the lapse of such time, the settlement may be enforced by action in the appropriate city or municipal court.

Section 418. Repudiation. - Any party to the dispute may, within ten (10) days from the date of the settlement, repudiate the same by filing with
the lupon chairman a statement to that effect sworn to before him, where the consent is vitiated by fraud, violence, or intimidation. Such
repudiation shall be sufficient basis for the issuance of the certification for filing a complaint as hereinabove provided.

Section 419. Transmittal of Settlement and Arbitration. - Award to the Court. - The secretary of the lupon shall transmit the settlement or the
arbitration award to the appropriate city or municipal court within five (5) days from the date of the award or from the lapse of the ten-day period
repudiating the settlement and shall furnish copies thereof to each of the parties to the settlement and the lupon chairman.

Section 420. Power to Administer Oaths. - The punong barangay, as chairman of the lupong tagapamayapa, and the members of the pangkat
are hereby authorized to administer oaths in connection with any matter relating to all proceedings in the implementation of the katarungang
pambarangay.

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Section 421. Administration; Rules and Regulations. - The city or municipal mayor, as the case may be, shall see to the efficient and effective
implementation and administration of the katarungang pambarangay. The Secretary of Justice shall promulgate the rules and regulations
necessary to implement this Chapter.

Section 422. Appropriations. - Such amount as may be necessary for the effective implementation of the katarungang pambarangay shall be
provided for in the annual budget of the city or municipality concerned.

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