EN BANC
A.M. No. 01-10-5-SC-PHILJA
RE: VARIOUS RESOLUTIONS OF THE BOARD OF TRUSTEES OF THE PHILJA
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated APRIL 12 2005.
The Court Resolved, upon the recommendation of the Philippine Judicial Academy, to
(a) DECLARE a Settlement Period for the whole month of June 2005 in the Regional Trial Courts and 1st Level Courts where court-annexed mediation (CAM) and JURIS Judicial Dispute Resolution (JDR) have been instituted; and
(b) APPROVE the following draft administrative order, re: Participation in the Settlement Period:
DRAFT ADMINISTRATIVE ORDER No.______-2005
RE: PARTICIPATION IN THE SETTLEMENT
PERIOD
TO: ALL JUDGES OF THE REGIIONAL TRIAL COURTS AND 1ST LEVEL TRIAL COURTS WHERE:
1) PHILIPPINE MEDIATION CENTER (PMC) UNITS ALREADY EXIST, NAMELY, IN METRO MANILA, CEBU CITY, MANDAUE CITY, LAPU-LAPU CITY, DAVAO CITY, DIGOS CITY, TAGUM AND PANABO OF DAVAO DEL NORTE, AND CAGAYAN DE ORO CITY;
2) JUSTICE REFORMS INITIATIVES SUPPORT (JURIS) MODEL COURT SITES EXIST, NAMELY, IN (a) CITY OF SAN FERNANDO (PAMPANGA), INCLUDING THE ADJACENT AREAS OF ANGELES CITY, GUAGUA AND MACABEBE (MUNICIPAL CIRCUIT TRIAL COURT OF MACABEBE-MASANTOL); AND (b) BACOLOD CITY INCLUDING THE ADJACENT CITIES OF SILAY, TALISAY, BAGO AND LA CARLOTA.
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, trained mediators, judges, and court personnel, as well as 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.
NOW THEREFORE, a Settlement Period is hereby declared for the whole month of June 2005, for all Regional Trial Courts and 1st Level courts in Metro Manila, Cebu City, Mandaue City, Lapu-Lapu City, Davao City, Digos City, Tagum and Panabo of Davao Del Norte, and Cagayan De Oro City; City of San Fernando (Pampanga), including the adjacent areas of Angeles City, Guagua and Macabebe (Municipal Circuit Trial Court of Macabebe-Masantol); 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. In the foregoing selected cases falling:
a. under (a) above, an Order shall be issued directing the parties to appear before the PMC Unit for the mediation of their disputes; in the event that mediation fails, the case shall be returned to the referring judge for Judicial Dispute Resolution (JDR) in Bacolod City and San Fernando, Pampanga, or, for further proceedings in other areas; and
b. under (b) above, the trial judge shall undertake the mediation of said cases; however, in Bacolod and San Fernando, the cases will be referred to the pairing judge fro 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;
3. 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, (d) not settled, and (e) settled or not settled by the judge;
4. The Judges and Mediators are reminded that conciliation and mediation proceedings are strictly confidential and 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;
5. The Judges shall ensure that at least one (1) case in the morning and another case in the afternoon are scheduled for both CAM and JDR each day for the entire duration of the Settlement Period; and
6. The Clerks of Court shall see to it that the Orders/Notices are promptly issued and served to ensure that these are received within such a period as would enable the parties to appear on the dates their cases are scheduled for CAM or JDR.
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, with Telephone No. (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___ day of __________, 2005.
HILARIO G. DAVIDE, JR.
Chief Justice
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
By:
(Sgd.) MA. LUISA D. VILLARAMA
Assistant Clerk of Court
[1] In the Regional Trial Courts and the 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. 04-2-04 SC, effective 16 August 2004)