Participation of All RTC Judges and First Level Trial Courts of Quezon City in the JDR Inventory and Internship Periods

August 12, 2010

SUPREME COURT ADMINISTRATIVE ORDER NO. 129-10

DIRECTING THE PARTICIPATION OF ALL JUDGES OF THE REGIONAL TRIAL COURTS AND FIRST LEVEL TRIAL COURTS OF QUEZON CITY IN THE JUDICIAL DISPUTE RESOLUTION (JDR) INVENTORY AND INTERNSHIP PERIODS FROM AUGUST 3-SEPTEMBER 24, 2010 AND FROM SEPTEMBER 27-OCTOBER 8, 2010, RESPECTIVELY

WHEREAS, the Supreme Court, in a resolution dated October 16, 2001, designated the Philippine Judicial Academy (PHILJA) as its component unit for court-annexed mediation and established the Philippine Mediation Center (PMC) under the direction and management of PHILJA;

WHEREAS, the Court, in A.M. No. 08-2-5-SC-PHILJA and Administrative Order No. 33-2008, dated February 12, 2008, defined the organization, powers, and functions of the Philippine Mediation Center Office and Mediation Center Units;

WHEREAS, the Court, in Administrative Matter No. 04-1-12-SC-PHILJA, approved the Revised Guidelines for the Implementation of an Enhanced Pre-Trial Proceeding under the Justice Reform Initiatives Support (JURIS) Project, and further resolved to approve Resolution No. 06-22, dated September 4, 2007, and Resolution No. 07-14, dated September 20, 2007, on the Revised Guidelines Amending A.M. No. 04-1-12-SC-PHILJA;

WHEREAS, pursuant to the said issuances, PHILJA, under the JURIS Project, pilot-tested Judicial Dispute Resolution (JDR) from 2004 to 2007 and set-up model court sites for CAM and JDR Units in the City of San Fernando, Angeles City, and Pampanga; Bacolod City and Negros Occidental; Baguio City and Benguet; Cagayan de Oro City and Misamis Oriental; San Fernando City and La Union; and Makati City; HTCIcE

WHEREAS, taking cognizance of the success of the JURIS Project in introducing JDR to complement and strengthen court-annexed mediation, and in order to further encourage and explore all possibilities of amicable settlement of disputes during pre-trial stage through mediation, conciliation, and early neutral evaluation by judges, as a means to expedite the resolution of cases, help decongest court dockets, and broaden access to justice, it is deemed necessary to continue the establishment of JDR in other courts of the country;

WHEREAS, PHILJA, through the Philippine Mediation Center Office (PMCO), trained Quezon City Judges on JDR resulting in the development of new skills in connection with their functions as mediators, conciliators, and neutral evaluators under the Rules of Court and other issuances of the Supreme Court;

WHEREAS, in order to put into practice the skills acquired by the Judges during the training and commence the roll-out of JDR in Quezon City, it is appropriate that a designated period be allotted for them to go through a court-supervised internship program;

NOW, THEREFORE, pursuant to a Resolution, dated November 13, 2007, in Administrative Matter No. 04-1-12-SC-PHILJA, a JDR Inventory and Internship Periods is hereby declared from August 3 to September 24, 2010 and from September 27 to October 8, 2010, respectively, for all judges of the Regional Trial Courts and First Level Courts of Quezon City.

For purposes of the internship period only, the concerned judges shall undertake the following:

1. Conduct an inventory of cases in their respective dockets and select at least twenty (20) mediatable cases 1 which have undergone court-annexed mediation but were not settled and are still in the pre-trial stage.

 The possibility of settlement should be present considering, among other factors, the age of the case, relationship of the parties and other similar circumstances;

2. Retain the selected cases that were unsuccessfully mediated and conduct JDR. If efforts to settle any of the said cases through JDR process fail during this period, the unsettled case(s) shall be re-raffled to another court for trial;

3. Allow peer-to-peer advise-assistance, or mentoring from JDR practitioners at the option of the JDR judge concerned;

4. Enjoin the Clerks of Court to see to it that orders or notices are promptly issued and served to the parties for them to appear on the dates their cases are scheduled for JDR; and

5. Allow the JDR staff to periodically coordinate with all the judges and/or branch clerks of court for the purpose of monitoring all cases and to submit a JDR report to the PMCO.

Judges are reminded that mediation, conciliation, and early neutral evaluation efforts during JDR proceedings are strictly confidential. No report shall be prepared regarding the proceedings unless settlement is reached, in which case, a compromise agreement shall be executed by the parties for approval and rendition of judgment conformably therewith.

The designated PMC Unit/JDR Staff shall report to the PMCO the list of the cases that were (a) settled and (b) unsettled through JDR proceedings, within forty-five (45) days from the last day of the JDR Internship Period. CIAHDT

Questions concerning this Administrative Order and the activities pertaining to the JDR Internship Period may be directed to Hon. Adolfo S. Azcuna, Chancellor, Philippine Judicial Academy, at telephone number (02) 552-95-14, who is hereby authorized to propose such changes in this Administrative Order as may be called for by the query.

Strict compliance with this Administrative Order is hereby enjoined.

Issued this 12th day of August, 2010.

(SGD.) RENATO C. CORONAChief Justice

Footnotes

1. Under A.M. No. 04-1-12-SC-PHILJA dated 13 November 2007, the following are mediatable cases:

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

 b. Cases cognizable by the Lupong Tagapamayapa and those cases that may be referred to it by the judge under Section 408. Chapter VII of the Republic Act No. 7160, otherwise known as the 1991 Local Government Code;

 c. The civil aspect of BP 22 cases;

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

 e. The civil aspect of Estafa, Libel, and Theft (Article 308 in relation to Article 309 par. 2 (4) of the Revised Penal Code).