Amendment to Rule 21 (General Matters) of the Revised CIAC Rules Re: Subpoenas/Subpoenas Duces Tecum

February 29, 2008

CIAC RESOLUTION NO. 03-08

AMENDING RULE 21 (GENERAL MATTERS) OF THE REVISED CIAC RULES TO PROVIDE FOR THE ISSUANCE BY ARBITRATORS OF SUBPOENAS/SUBPOENAS DUCES TECUM

WHEREAS, Sections 6 and 21 of Executive Order No. 1008 (the Construction Industry Arbitration Law) vests the Construction Industry Arbitration Commission (CIAC) with the power to "enunciate policies and prescribe rules and procedures for construction arbitration" and to "formulate and adopt necessary rules and procedures for construction arbitration", respectively; TDCcAE

WHEREAS, Sections 13.5.1 and 13.5.2, Rule 13 (Arbitration Proceedings) of the Revised CIAC Rules provide for the issuance by the arbitrator/s of subpoena and subpoena duces tecum during arbitration proceedings;

WHEREAS, the above sections on the arbitrators' power to issue subpoena/subpoena duces tecum are anchored on the following provisions of law:

1. Section 14, R.A. 876 (The Arbitration Law):

"Arbitrators shall have the power to require any person to attend a hearing as a witness. They shall have the power to subpoena witnesses and documents when the relevancy of the testimony and the materiality thereof has been demonstrated to the arbitrators. . . ."

2. Section 37 (Powers Incidental to Taking Testimony), Book I, Chapter 9, E.O. 292 (the Revised Administrative Code of 1987):

"When authority to take testimony or receive evidence is conferred upon any administrative officer, or any non-judicial person, committee, or other body, such authority shall include the power to administer oaths, summon witnesses, and require the production of documents by a subpoena duces tecum."

WHEREAS, in the 106th CIAC Regular Meeting held on 29 February 2008, Atty. Alfredo F. Tadiar, CIAC Legal Counsel, apprised the Commission on the need to adopt Section 14 of R.A. 876 as part of the Revised CIAC Rules in light of post-award proceedings for the execution and satisfaction of arbitral awards/decisions which may entail the issuance of subpoena for hearings and subpoena duces tecum for the production of relevant documents;

WHEREAS, the Commission believes that an amendment to the Revised CIAC Rules is appropriate to address the above concern:

NOW, THEREFORE, THE COMMISSION, by virtue of the powers vested in it by law, RESOLVES as it is HEREBY RESOLVED, to amend Rule 21 (General Matters) of the Revised CIAC rules by adding and inserting a new sub-section under Section 21.2 (Control over proceedings) to explicitly provide for the issuance of subpoena and subpoena duces tecum in arbitration proceedings before or after award, as follows: CHTcSE

"Section 21.2. Control over proceedings. — The Arbitral Tribunal shall exercise complete control over all proceedings to insure a speedy, adequate and justifiable disposition of the disputes and cases submitted to them for resolution.

21.2.1 In all arbitration proceedings before or after an award has been rendered but prior to the termination of the jurisdiction of the arbitrator/s over a case pursuant to Section 16.6 hereof, the arbitrator/s shall have the power to issue subpoena and subpoena duces tecum requiring any person to attend the hearing as a witness or to produce relevant documents." TAEDcS

UNANIMOUSLY APPROVED.

February 29, 2008, Makati City.

THE COMMISSION:

(SGD.) JOSUE N. BELLOSILLO

Chairman

Construction Industry Arbitration Commission

(SGD.) ISAAC S. DAVID

Member

Construction Industry Arbitration Commission

(SGD.) SAMSON C. LAZO

Member

Construction Industry Arbitration Commission