Guidelines for Collecting Fees for the Mediation Fund

July 5, 2005 1

EN BANC

A.M. No. 05-3-13-SC-PHILJA

RE: IMPLEMENTING GUIDELINES FOR THE UTILIZATION AND DISBURSEMENT OF THE MEDIATION FUND PROVIDED FOR IN SECTION 9 OF THE REVISED RULE 141 OF THE RULES OF COURT ON LEGAL FEES

RESOLUTION

WHEREAS, the Supreme Court, in A.M. No. 01-10-5-SC-PHILJA, dated October 16, 2001, designated the Philippine Judicial Academy (PHILJA) as the component unit of the Supreme Court for "court-referred, court-related mediation cases and other Alternative Dispute Resolution Mechanisms, " and established the Philippine Mediation Center (PMC) under the direction and management of PHILJA;

WHEREAS, the Supreme Court, in AC No. 20-2002, dated April 24, 2002, directed PHILJA to formulate and issue implementing rules and regulations for the proper implementation of "court-referred mediation ";

WHEREAS, A.M. NO. 01-10-5-SC-PHILJA further authorized PHILJA to enlist the technical and management assistance of appropriate and qualified organizations or individuals to assist it in supervising PMC Units, subject to ratification of the PHILJA Board of Trustees;

WHEREAS, in 2001, PHILJA created the ADR Committee to assist it in the promotion, planning, supervision, and institutionalization of court-annexed mediation nationwide and in the formulation of guidelines, rules and regulations as may be needed in the fulfillment of its mandate as the component unit of the Supreme Court for court-annexed mediation;

WHEREAS, since 2001, PHILJA, in coordination with the Office of the Court Administrator, has been creating, directing, managing and supervising PMC Units in Metro Manila, Cebu City, Mandaue, Lapu-Lapu, Davao City, Digos, Tagum, Panabo, Cagayan De Oro City, and for the JURIS Project, in San Fernando, Pampanga, and in Bacolod City, Negros Occidental, or a total of 37 units; DEAaIS

WHEREAS, notwithstanding PHILJA's efforts, the expansion of mediation in other areas has been hampered largely due to funding constraints and shortage of personnel.

WHEREAS, the Supreme Court, in A.M. No. 04-02-04-SC, approved the "Proposed Revision of Rule 141, Revised Rules of Court on Legal Fees, " dated July 20, 2004, effective on August 16, 2004, providing among others for a Mediation Fund in Section 9 thereof, which section reads in part as follows:

"xxx xxx xxx

"The amount collected shall be receipted and separated as part of a special fund to be known as the "Mediation Fund " and shall accrue to the SC-PHILJA-PMC Fund, disbursements from which are and shall be pursuant to guidelines approved by the Supreme Court.

"xxx xxx xxx "

WHEREAS, pursuant thereto, the PHILJA ADR Committee has adopted and submitted to the Supreme Court for its approval the herein Proposed Guidelines on the Utilization and Disbursement of the Mediation Fund;

NOW, THEREFORE, the following Guidelines for the Utilization, Disposition, and Disbursement of the Mediation Fund, under Section 9, Rule 141 on Legal Fees, are hereby issued:

A. Purpose and Utilization of the Mediation Fund

The Fund shall be used for:

a) Establishment of PMC Units;

b) Training seminars/workshops/internship programs for Mediators;

c) Payment of Mediator's Fees, including the PMC Unit Supervisor;

d) Payment of Operating Expenses;

e) Advocacy and promotion of court-annexed mediation and other relevant modes of ADR;

f) Such other expenses as authorized by Section 9, Rule 1412 of the Rules of Court. EHCDSI

The Fund shall be managed by PHILJA subject to accounting and auditing rules and regulations.

B. Deposit of the Mediation Fund

The Fund shall be deposited in (1) SC PHILJA PMC Trust Fund (Rule 141) LBP Savings Account No. 3472-1000-08, for collections under Section 9, Rule 141, of the Rules of Court; and (2) the SC-PHILJA-PMC-TRUST Fund, LBP Account No. 0592-1055-60, for collections under A.M. No. 01-10-5-SC-PHILJA.

Sandoval-Gutierrez, Carpio and Corona, JJ., on official leave.

Footnotes

1. Previously approved in the En Banc Resolution dated April 26, 2005 in A.M. No. 05-3-25-SC-PHILJA, Re: Resolution No. 05-04, re: Approval of the Draft Administrative Circular, entitled "Implementing Guidelines for the Utilization and Disbursement of the Mediation Fund Provided for in Section 9 of the Revised Rule 141 of the Rules of Court on Legal Fees.

2. "The Fund shall be utilized for the promotion of court-annexed mediation and other relevant modes of alternative dispute resolution (ADR), training of mediators, payment of mediator's fees, and operating expenses of the Philippine Mediation Center (PMC) units including expenses for technical assistance and organizations/individuals, transportation/communication expenses, photocopying, supplies and equipment, expense allowance and miscellaneous expenses, whenever necessary, subject to auditing rules and regulations. In view thereof, the mediation fees shall not form part of the Judiciary Development Fund (JDF) under P.D. No. 1949 nor of the special allowances granted to justices and judges under Republic Act No. 9227 " (Sec. 9, Rule 141, as revised).