Participation of All Judges of the RTCs and First Level Trial Courts in Places Where There Are PMC Units

September 4, 2006

SUPREME COURT ADMINISTRATIVE ORDER NO. 160-06

DIRECTING THE PARTICIPATION OF ALL JUDGES OF THE REGIONAL TRIAL COURTS AND FIRST LEVEL TRIAL COURTS IN PLACES WHERE THERE ARE PHILIPPINE MEDIATION CENTER (PMC) UNITS, NAMELY, METRO MANILA, CEBU CITY, MANDAUE CITY, LAPU-LAPU CITY, DAVAO CITY, DIGOS CITY, TAGUM AND PANABO OF DAVAO DEL NORTE; MISAMIS ORIENTAL, PAMPANGA, NEGROS OCCIDENTAL, TACLOBAN CITY, GENERAL SANTOS CITY AND LA UNION

WHEREAS, it is desirable to encourage and explore all possibilities of amicable settlement of disputes pending before the courts; CIETDc

WHEREAS, the aforesaid places had been selected because of the existence of PMC Units, as well as mediators, judges, lawyers and court personnel trained in mediation.

NOW THEREFORE, pursuant to a Resolution dated October 16, 2001, in Administrative Matter No. 01-10-5-SC-PHILJA, issued by the Supreme Court, a Settlement Period is hereby declared for the whole month of October 2006 for all Regional Trial Courts and first level courts in Metro Manila, Cebu City, Mandaue City, Lapu-Lapu City, Davao City, Digos City, Tagum and Panabo of Davao Del Norte; Misamis Oriental, Pampanga, Negros Occidental, Tacloban City, General Santos City and La Union. to undertake the following activities:

1. Audit and cause an inventory of the cases in their dockets and select at least ten (10) mediatable cases 1 which:

(a) have not undergone mediation in the pre-trial or trial stages because Court-Annexed Mediation (CAM) was not yet in place; and

(b) have undergone mediation but not settled and are now in the trial stage.

These cases should still have the possibility of settlement, considering, among other factors, age of the case, relationship of the parties, and other similar circumstances;

2. Direct the parties in the selected cases falling under 1(a) above to appear before the PMC Unit for the mediation of their disputes; and return the unsettled cases to the referring judge for Judicial Dispute Resolution (JDR), with respect to cases in Bacolod City and San Fernando, Pampanga; or for further proceedings, with respect to cases in other areas;

3. Undertake the mediation of cases under 1(b) except those in Bacolod and San Fernando, Pampanga, which must be referred to the pairing judge for JDR unless the pairing judge has already undertaken JDR but was not able to effect settlement, in which case, JDR shall be undertaken by the trial judge;

4. Schedule for both CAM and JDR at least one (1) case in the morning and another case in the afternoon for the entire duration of the Settlement Period; and

5. Enjoin the clerks of court to see to it that orders or notices are promptly issued and served to enable the parties to appear on the dates their cases are scheduled for CAM or JDR.

Judges and mediators are reminded that conciliation and mediation proceedings are strictly confidential; thus, no report shall be prepared regarding the proceedings unless settlement is reached, in which case a compromise agreement shall be executed and submitted to the referring court for approval and rendition of judgment conformably therewith.

Within thirty (30) days after the Settlement Period, the branch clerks of court shall report to the Philippine Judicial Academy a list of the cases (a) referred for mediation, (b) refused mediation, (c) settled, and (d) unsettled.

Questions concerning this Administrative Order and the activities pertaining to the Settlement Period may be directed to Hon. Justice Ameurfina A. Melencio Herrera, Chancellor, Philippine Judicial Academy, at telephone number (02) 552-95-14, who is hereby authorized to make such changes in this Order as may be called for by the query.

Strictly compliance with this Administrative Order is hereby enjoined.

Issued this 4th day of September, 2006.

 

(SGD.) ARTEMIO V. PANGANIBANChief Justice

Footnotes

1. In the Regional Trial Court and the First Level Courts (A.M. No. 01-10-5-SC-PHILJA dated 16 October 2001), the following are mediatable cases:

 1. All civil cases, settlement of estates, and cases covered by the Rule on Summary Procedure, except those which by law may not be compromised;

 2. Cases cognizable by the Lupong Tagapamayapa under the Katarungang Pambarangay Law;

 3. The civil aspect of B.P. Blg. 22;

 4. The civil aspect of quasi-offenses under Title 14 of the Revised Penal Code; and

 5. Civil aspect of estafa and libel cases where damages are sought. (Sec. 9, Rule 141, A.M. No. 04-2-04-SC, effective 16 August 2004).