Mandatory Coverage for

Court-Annexed Mediation
(CAM)

 Voluntary mediation, or mediation

entered into by agreement of the
parties, is not obligatory.
However, CAM, which is mediation
done under the auspices of the court,
is mandatory in certain cases, after a
court has acquired jurisdiction over a
case.

 Thus, pursuant to AM No. 01-10-5SC-PHILJA, it is mandatory for an

enumeration of cases to be referred
to CAM during the pretrial stage of
court proceedings

Mandatory Coverage for CourtAnnexed Mediation (CAM)

1. all civil cases and the civil liability of
criminal cases covered by the Rule on
Summary Procedure, including the civil
liability for violation of BP 22, except those
that by law may not be compromised;
2. special proceedings for the settlement of
estates;

Mandatory Coverage for CourtAnnexed Mediation (CAM)

3. all civil and criminal cases filed with
a certificate to file action issued by
the Barangay chairman or the
Settlement Council under the
Revised Katarungang Pambarangay
Law (under the Local Government
Code);
4. the civil aspect of quasi-offences
under title 14 of the Revised Penal

Mandatory Coverage for CourtAnnexed Mediation (CAM)

5. the civil aspect of less grave
felonies punishable by correctional
penalties not exceeding six years
imprisonment, where the offended
party is a private person;
6. the civil aspect of fraud, theft and
libel;

Mandatory Coverage for CourtAnnexed Mediation (CAM)

7. all civil cases and probate proceedings, testate
and intestate, brought on appeal from the
exclusive and original jurisdiction granted to the
first level courts under section 33(1) of the
Judiciary Reorganisation Act of 1980 (BP 129);
8. all cases of forcible entry and unlawful detainer
brought on appeal from the exclusive and
original jurisdiction granted to the first level
courts under section 33(2) of BP 129;

Mandatory Coverage for CourtAnnexed Mediation (CAM)

9. all civil cases involving title to or possession of
real property or an interest therein brought on
appeal from the exclusive and original
jurisdiction granted to the first level courts
under section 33(3) of BP 129; and
10. all habeas corpus cases decided by the first
level courts in the absence of the regional trial
court judge, which are brought up on appeal
from the special jurisdiction granted to the first
level courts under section 35 of BP 129.

 In such cases, the trial court judge

shall issue an order referring the
litigants to the Philippine Mediation
Center (PMC) unit of the court for
mediation.
If mediation fails, the parties will
then be referred back to the judge
for judicial dispute resolution (JDR)

All disputes, except those expressly

excluded by law, can be the subject of
mediation.

For Voluntary Mediation

the ADR Law provides that its provisions are
inapplicable to:
(i)labour disputes covered by the Labor Code of the
Philippines, as amended;
(ii)the civil status of persons;
(iii)the validity of a marriage;
(iv)any ground for legal separation;
(v)the jurisdiction of courts;
(vi)future legitime;
(vii)
criminal liability; and
(viii)
those which by law cannot be compromised

As for CAM and JDR

the Revised Guidelines provide that the
following cases cannot be mediated:
(i) civil cases which by law cannot be
compromised (ie, the civil status of
persons, the validity of a marriage or
legal separation, any ground for legal
separation, future support, the
jurisdiction of courts and future
legitime);

(ii)criminal cases not falling under any of the

following:
1. all civil and criminal cases filed with a certificate to
file action issued by the Barangay chairman or the
Settlement Council under the Revised Katarungang
Pambarangay Law;
2. the civil aspect of quasi-offences under title 14 of the
Revised Penal Code;
3. the civil aspect of less grave felonies punishable by
correctional penalties not exceeding six years
imprisonment, where the offended party is a private
person; and
4. the civil aspect of fraud, theft and libel;

(iii)habeas corpus petitions;

(iv)all cases under Republic Act No.
9262 (Violence against Women
and Children); and
(v)cases with pending application for
restraining orders/preliminary
injunctions.

 In cases covered under (i), (iv) and

(v), however, where the parties
inform the court that they have
agreed to undergo mediation on
some aspects thereof (eg, custody of
minor children, separation of
property, or support pendente lite)
the court shall refer them to
mediation.

CAM Procedure
By: Resh Paola Jusguan

Summary CAM procedure is:

1. Upon filing the last pleading, the judge orders the parties to appear before the Philippine
Mediation Center (PMC) Unit of the court for mediation.
2. The parties shall select an acceptable accredited mediator. Otherwise, the mediator shall
be chosen by lot.
3. The mediator starts the mediation and explains the mediation process.
4. With the consent of both sides, the mediator may hold separate caucuses and/or joint
conferences with them.
5. If no settlement is reached at the end of the mediation period, the case is returned to the
referring judge.
[for judicial dispute resolution (JDR)]
6. The mediator has 30 days from the initial conference to complete the mediation process,
extendible for another 30 days upon motion to be filed by the mediator, with the
conformity of the parties.
7. If full settlement is reached, the parties shall draft the compromise agreement for approval
by the court. If compliance has been made, the court shall dismiss the case upon the
submission by the parties of a satisfaction of claim or a mutual withdrawal of the case.
If partial settlement is reached, the parties will submit its terms for appropriate action by
the court, without waiting for resolution of the unsettled part. The court will conduct JDR
for the unsettled part of the dispute.

1
After the last pleading has been filed,
the judge shall issue an order requiring
the parties to forthwith appear before
the concerned Philippine Mediation
Center (PMC) Unit staff to start the
process for the settlement of their
dispute through mediation. On the
same date, the court shall give to the
PMC a copy of the Order for mediation.

 Individual parties are required to

personally appear for mediation. In
the event they cannot do so, they
can send their representatives, who
must be fully authorized to appear,
negotiate and enter into a
compromise, through a Special Power
of Attorney.

 Corporations, partnerships, or other

juridical entities shall be represented
by a ranking corporate officer fully
authorized by a Board Resolution to
offer, negotiate, accept, decide and
enter into a compromise agreement,
without need of further approval by
or notification to the authorizing
party.

 The Order issued shall include a clear

warning that sanctions may be
imposed upon a party for failure to
comply therewith, in accordance with
the Section below on sanctions.

2
On the date set in the Order, the parties
shall proceed to select a mutually
acceptable mediator from among the list
of accredited mediators.
If no agreement is reached, the PMC Unit
Staff shall, in the presence of the parties
and the Mediators, choose by lot the one
who will mediate the dispute from among
the Mediators inside the Unit, ensuring a
fair and equal distribution of cases:

 Provided, however, that in

exceptional circumstances where
special qualifications are required of
the mediator, the parties shall be
given an opportunity to select from
the entire list of accredited
mediators.

 The Mediator shall be considered an

officer of the court while performing
his duties as such or in connection
therewith.
The concerned mediator shall
forthwith start the mediation
process, unless the parties and
mediator agree to reset the initial
mediation conference, which shall
not be later than five (5) days from

3
At the initial conference, the
Mediator shall explain to both parties
the mediation process, stressing the
benefits of an early settlement of
their dispute based on serving their
mutual interests, rather than the
legal positions taken by them.

4
With the consent of both parties, the
Mediator may hold separate caucuses
with each party to determine their
respective real interests in the dispute.
Thereafter, another joint conference may
be held to consider various options that
may resolve the dispute through
reciprocal concessions and on terms that
are mutually beneficial to both the
parties.

 The Mediator shall not record in any

manner the proceedings of the joint
conferences or of the separate
caucuses. No transcript or minutes of
mediation proceedings shall be
taken. If personal notes are taken for
guidance, the notes shall be
shredded and destroyed. Should such
record exists, they shall not be
admissible as evidence in any other

5
If no settlement has been reached at
the end of the period given, the case
must be returned to the referring judge.
The court, upon recommendation of the
Mediator, may impose sanctions upon a
party who fails to appear before the
Philippine Mediation Center (PMC) Unit
as directed by the referring judge,

 or upon any person who engages in abusive

conduct during mediation proceedings, as
provided for in the Rules of Court as part of
the Pre-Trial and other issuances of the
Supreme Court, including, but not limited to
censure, reprimand, contempt, requiring the
absent party to reimburse the appearing
party his costs, including attorneys fees for
that day up to treble such costs, payable on
or before the date of the re-scheduled
setting.

 Sanctions may also be imposed by the

referring judge upon his own initiative or
upon motion of the interested party.
Upon justifiable cause duly proved in the
hearing called on the motion to reconsider
filed by the absent party, concurred in by
the concerned mediator, the sanctions
imposed may be lifted or set aside in the
sound discretion of the referring judge.

6
The Mediator shall have a period of not
exceeding thirty (30) days to complete
the mediation process. Such period shall
be computed from the date when the
parties first appeared for the initial
conference as stated in the Order to
appear. An extended period of another
thirty (30) days may be granted by the
court, upon motion filed by the Mediator,
with the conformity of the parties.

 The period during which the case is

undergoing mediation shall be
excluded from the regular and
mandatory periods for trial and
rendition of judgment in ordinary
cases and in cases under summary
proceedings.

7
If full settlement of the dispute is reached, the
parties, assisted by their respective counsels,
shall draft the compromise agreement which
shall be submitted to the court for judgment
upon compromise or other appropriate action.
Where compliance is forthwith made, the
parties shall instead submit a satisfaction of
claims or a mutual withdrawal of the case
and, thereafter, the court shall enter an order
dismissing the case.

 If partial settlement is reached, the

parties shall, with the assistance of
counsel, submit the terms thereof for
the appropriate action of the court,
without waiting for resolution of the
unsettled part.
In relation to the unsettled part of the
dispute, the court shall proceed to
conduct JDR proceedings.

 Unless otherwise directed by the Supreme

Court, all judges who have undergone
orientation in JDR procedures and completed
their training in mediation, conciliation and
neutral evaluation, are authorized to conduct
JDR proceedings in accordance with these
guidelines for the settlement of disputes
pending in their courts, after the parties failed
to settle their disputes during Court Annexed
Mediation at the Philippine Mediation Center
Units (PMCU).