Further Amending Section 9.6, Rule 9 of the Revised CIAC Rules

October 30, 2006

CIAC RESOLUTION NO. 18-06

FURTHER AMENDING SECTION 9.6 (CHALLENGE), RULE 9 OF THE REVISED CIAC RULES

WHEREAS, Sections 6 and 21 of Executive Order No. 1008 empowers the CIAC "to enunciate policies and prescribe rules and procedures for construction arbitration" and "to formulate and adopt necessary rules and procedures for construction arbitration", respectively; DaAISH

WHEREAS, Section 13.16, Rule 13, Submission of memoranda or draft decisions, of the Revised CIAC Rules (as amended by CIAC Resolution No. 16-2006), provides that if any or both of the parties so desire, written memoranda or draft decisions may be submitted not later than ten (10) calendar days from the termination of the hearing or from the date of the filing of additional documents as previously agreed upon, whichever is later;

WHEREAS, on the other hand, Section 9.6, Rule 9, Challenge, of the Revised CIAC Rules (as amended by CIAC Resolution No. 16-2006), provides that an Arbitrator may be challenged by a party at any time after his appointment but before the lapse of the period for submission of memoranda or draft decision;

WHEREAS, the period prescribed for the filing of a Challenge or Motion for Inhibition under Section 9.6, Rule 9, is anchored on the period prescribed for the submission of written memoranda or draft decisions under Section 13.6, Rule 13;

WHEREAS, during the 90th CIAC Regular Meeting held on 26 September 2006, Atty. Alfredo F. Tadiar, CIAC Legal Counsel, observed that while Section 9.6, Rule 9 of the Revised CIAC Rules, as amended, already provides for a time bar for the filing of a Motion for Inhibition, the parties might move for an extension of time to file their written memoranda or draft decisions believing that the period prescribed for the filing of a Motion for Inhibition under Section 9.6, Rule 9 would also be extended;

WHEREAS, the Commission concurred with the opinion of Atty. Tadiar that although the arbitrator/s may extend the period for submission of written memoranda/draft decisions under Section 13.16, Rule 13, this should not affect the period prescribed under Section 9.6, Rule 9, as amended; and

WHEREAS, during the 91st CIAC Regular Meeting held on 30 October 2006, the Commission discussed the matter and agreed that further amendment to Section 9.6, Rule 9 of the Revised CIAC Rules is necessary to clarify that extensions of time for the filing of memoranda or draft decisions under Section 13.16, Rule 13, as amended by CIAC Resolution No. 16-2006, will not EXTEND the original 10-day period prescribed in Section 13.16 (as amended) for the filing of a challenge or motion for inhibition pursuant to Section 9.6, Rule 9, as amended.

NOW, THEREFORE, WE THE UNDERSIGNED COMMISSIONERS, by virtue of the powers vested in us by law, hereby RESOLVE, as it hereby resolved, to further amend Section 9.6, Rule 9, of the Revised Rules of CIAC to read as follows:

"SECTION 9.6. Challenge. — An Arbitrator may be challenged by a party at any time after his appointment but before the lapse of the original 10-day period for submission of memoranda or draft decision under Section 13.16, Rule 13 hereof. Any extension of time to file memoranda or draft decisions will not EXTEND the 10-day period to file a challenge or motion for inhibition. The challenge shall be based upon the following grounds:

a. relationship by blood or marriage within the sixth degree of either party to the controversy, or to counsels within the fourth degree, computed according to the rules of civil law;

b. financial, fiduciary or other interest in the controversy;

c. partiality or bias;

d. incompetence, or professional misconduct.

A party may also request the inhibition of an arbitrator upon other just and valid reasons affecting independence, impartiality and interest. TAEcSC

The foregoing revision shall take effect fifteen (15) days from receipt of a copy hereof by the Office of the National Administrative Register, U.P. Law Center, pursuant to Memorandum Circular No. 11 from the Office of the President.

UNANIMOUSLY APPROVED.

Adopted: 30 Oct. 2006

 

(SGD.) SEDFREY A. ORDONEZChairman

 

(SGD.) ISAAC S. DAVIDMember

 

(SGD.) SAMSON C. LAZOMember