Participation of Judges in the Judicial Dispute Resolution Inventory and Internship Period

June 27, 2011

SUPREME COURT ADMINISTRATIVE ORDER NO. 093-11

DIRECTING THE PARTICIPATION OF ALL JUDGES OF THE REGIONAL TRIAL COURTS AND FIRST LEVEL TRIAL COURTS OF THE CITY OF DAVAO AND PROVINCES OF DAVAO DEL SUR AND DAVAO DEL NORTE IN THE JUDICIAL DISPUTE RESOLUTION (JDR) INVENTORY AND INTERNSHIP PERIOD FROM JULY 11 TO SEPTEMBER 9, 2011 AND FROM SEPTEMBER 12 TO 23, 2011, 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 the Philippine Judicial Academy (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 (PMCO) 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 Court-Annexed Mediation (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; aECSHI

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 the 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; PHILJA, through the PMCO, established JDR in Quezon City in 2009 and in the City of Manila in 2010;

WHEREAS, PHILJA, through the Philippine Mediation Center Office (PMCO), trained Judges of Davao City, Davao del Sur and Davao del Norte from May 31 to June 2, 2011 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 the City of Davao and Provinces of Davao del Sur and Davao del Norte, it is appropriate that a designated period be allotted for them to go through a court-supervised internship program.

NOW, THEREFORE, pursuant to Resolution, dated November 13, 2007, in Administrative Matter No. 04-1-12-SC-PHILJA, a JDR Inventory and Internship Period is hereby declared from July 11 to September 9, 2011 and from September 12 to 23, 2011, for all judges of the Regional Trial Courts and First Level Courts of the City of Davao and Provinces of Davao del Sur and Davao del Norte, respectively;

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 judge 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. cIaHDA

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.

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 27th day of June, 2011.

(SGD.) RENATO C. CORONA

Chief Justice

Footnotes

1.Under Court en banc Resolution, in A.M. No. 11-1-6-SC-PHILJA dated January 11, 2011, approved the 'Consolidated and Revised Guidelines for the Implementation of the Expanded Coverage of Court-Annexed Mediation' which prescribes the following, as mediatable cases:

 a) All civil cases and the civil liability of criminal cases covered by the Rule on Summary Procedure, including the civil liability for violation of B.P. 22, except those which by law may not be compromised;

 b) Special proceedings for the settlement of estates;

 c) All civil and criminal cases filed with a certificate to file action issued by the Punong Barangay or the Pangkat ng Tagapagkasundo under the Revised Katarungang Pambarangay Law;

 d) The civil aspect of Quasi-Offenses under Title 14 of the Revised Penal Code;

 e) The civil aspect of less grave felonies punishable by correctional penalties not exceeding 6 years imprisonment, where the offended party is a private person;

 f) The civil aspect of estafa, theft and libel;

 g) All civil cases and probate proceedings, testate and intestate, brought on appeal from the exclusive and original jurisdiction granted to the first level courts under Section 33, par. (1) of the Judiciary Reorganization Act of 1980;

 h) All cases of forcible entry and unlawful detainer brought on appeal from the exclusive and original jurisdiction granted to the first level courts under Section 33, par. (2) of the Judiciary Reorganization Act of 1980;

 i) All civil cases involving title to or possession of real property or an interest therein brought on appeal from the exclusive and original jurisdiction granted to the first level courts under Section 33, par.(3) of the Judiciary Reorganization Act of 1980; and

 j) All habeas corpus cases decided by the first level courts in the absence of the Regional Trial Court judge, that are brought up on appeal from the special jurisdiction granted to the first level courts under Section 35 of the Judiciary Reorganization Act of 1980.