Participation of All Judges of the RTCs and First Level Trial Courts in Places With PMC Units and JURIS Model Courts

April 26, 2005

SUPREME COURT ADMINISTRATIVE ORDER NO. 59-05

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 AND JUSTICE REFORM INITIATIVES SUPPORT (JURIS) MODEL COURTS

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

WHEREAS, the said places had been selected because of the existence of PMC Units or Juris Model Courts therein; the training of mediators, judges, and court personnel; and the orientation given to lawyers practicing in these areas;

WHEREAS, it has been shown during the Settlement Weeks declared by the Supreme Court from 26 March 2001 to 6 April 2001 that cases even in the trial stage can still be amicably settled. 2005iatdc

NOW, THEREFORE, a Settlement Period is hereby declared for the whole month of June 2005 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; Cagayan de Oro City; City of San Fernando, Pampanga, including the adjacent areas of Angeles City, Guagua, and Macabebe; and Bacolod City, including the adjacent cities of Silay, Talisay, Bago, and La Carlota to undertake the following activities:

1. Audit and cause an inventory of the cases in their dockets and select at least twenty (20) mediatable 1 cases 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

all of which still have possibilities of settlement, considering, among other factors, age of the case, relationship of the parties, and other similar circumstances;

2. (a) Direct the parties in the selected cases falling under 1 (a) to appear before the PMC Unit for the mediation of their disputes and (b) 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; DcaECT

4. Schedule for both CAM and JDR at least one 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 conformable 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.

Strict compliance with the Administrative Order is hereby enjoined.

Issued this 26th day of April 2005.

(SGD.) HILARIO G. DAVIDE, JR.Chief Justice

Footnotes

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

 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. 04-2-040-SC, effective 16 August 2004).