crimpro laws

7/28/2019 CrimPro Laws

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A.M. No. 03-1-09-SC

RE: PROPOSED RULE ON GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES AND CLERKS OF COURT IN THE CONDUCT OFPRE-TRIAL AND USE OF DEPOSITION-DISCOVERY MEASURES

RESOLUTION

Acting on the recommendation of the Chairman of the Committee on Revision of the Rules of Court submitting for this Courts!consideration and a""roval the #ro"osed Rule on $uidelines to be %bserved b& 'rial Court (udges and Cler)s of Court in the Conduct of #re-'rial and *se of +e"osition-+iscover& Measures! the Court Resolved to APPROVE the same. 'he said Rule is hereto attached as an integral

"art of this Resolution.'he Rule shall ta)e effect on August 1,! 00 follo/ing its "ublication in a ne/s"a"er of general circulation not later than (ul& 30! 00.

(ul& 13! 00.

(Sgd.)Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-Santiago, Sandoval-Gutierrez, Cario, !ustria-"artinez, Corona,Cario-"orales, Calle#o, Sr., !z$una and %inga JJ.

GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES AND CLERKS OF COURT IN THE CONDUCT OF PRE-TRIAL AND USE OFDEPOSITION-DISCOVERY MEASURES

'he use of "re-trial and the de"osition-discover& measures are undeniabl& im"ortant and vital com"onents of case management in trialcourts. 'o abbreviate court "roceedings! ensure "rom"t dis"osition of cases and decongest court doc)ets! and to further im"lement the "re-trialguidelines laid do/n in Administrative Circular No. 3-99 dated (anuar& 1! 1999 and ece"t as other/ise s"ecificall& "rovided for in others"ecial rules! the follo/ing guidelines are issued for the observance and guidance of trial 2udges and cler)s of court

I. PRE-TRIAL

A. Civil Cases

1. 4ithin one da& from recei"t of the com"laint

1.1 Summons shall be "re"ared and shall contain a reminder to defendant to observe restraint in filing a motion to dismiss andinstead allege the grounds thereof as defenses in the Ans/er! in conformit& /ith 56#-%CA Memorandum on #olic& $uidelinesdated March 1! 00. A co"& of the summons is hereto attached as Anne 7A87 and

1. 'he court shall issue an order reuiring the "arties to avail of interrogatories to "arties under Rule and reuest for admissionb& adverse "art& under Rule , or at their discretion ma)e use of de"ositions under Rule 3 or other measures under Rules :and ; /ithin five da&s from the filing of the ans/er.1 A co"& of the order shall be served u"on the defendant together /ith thesummons and u"on the "laintiff.

4ithin five <= da&s from date of filing of the re"l&! the "laintiff must "rom"tl& move e "arte that the case be set for "re-trialconference.3 5f the "laintiff fails to file said motion /ithin the given "eriod! the 6ranch C%C shall issue a notice of "re-trial.

2. The parties shall submit, at least three (3) days before the pre-trial, pre-trial briefs containing the following:

a. A statement of their /illingness to enter into an amicable settlement indicating the desired terms thereof or to submit the case toan& of the alternative modes of dis"ute resolution8

b. A summar& of admitted facts and "ro"osed sti"ulation of facts8

c. 'he issues to be tried or resolved8

d. 'he documents or ehibits to be "resented! stating the "ur"ose thereof. (No evie!"e #$%&& 'e %&&oe )o 'e *+e#e!)e %!o,,e+e +i! )$e )+i%& i! #**o+) o, % *%+)/0# evie!"e-i!-"$ie, o)$e+ )$%! )$o#e )$%) $% 'ee! e%+&ie+ ie!)i,ie %!*+e-1%+2e +i! )$e *+e-)+i%&3 e4"e*) i, %&&oe '/ )$e "o+) ,o+ oo "%#e #$o!56

e. A manifestation of their having availed or their intention to avail themselves of discover& "rocedures or referral to commissioners8and

f. 'he number and names of the /itnesses! the substance of their testimonies! and the a""roimate number of hours that /ill bereuired b& the "arties for the "resentation of their res"ective /itnesses.

A copy of the otice of !re-trial "onference is hereto attached as Anne# $%.$

The rule on the contents of the pre-trial brief must strictly be complied with.

The parties are bound by the representations and statements in their respecti&e pre-trial briefs.

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http://sc.judiciary.gov.ph/rulesofcourt/2004/pre_trial.htm#_ftn1












3. At the start of the pre-trial conference, the 'udge shall immediately refer the parties andor their counsel if authoried by their clients to the !*"

mediation unit for purposes of mediation if a&ailable. +f mediation fails, the 'udge will schedule the continuance of the pre-trial conference.

%efore the continuance, the udge may refer the case to the %ranch "" for a preliminary conference to assist the parties in reaching a

settlement, to mar the documents or e#hibits to be presented by the parties and copies thereof to be attached to the records after comparison andto consider such other matters as may aid in its prompt disposition.,

/uring the preliminary conference, the %ranch "" shall also ascertain from the parties the undisputed facts and admissions on the genuineness

and due e#ecution of the documents mared as e#hibits. The proceedings during .the preliminary conference shall be recorded in the $*inutes of

!reliminary "onference$ to be signed by both parties andor counsel, the form of which is hereto attached as Anne#. $"$.

The minutes of preliminary conference and the e#hibits shall be attached by the %ranch "" to the case record before the pre-trial.

0. %efore the continuation of the pre-trial conference, the 'udge must study all the pleadings of the case, and determine the issues thereof and the

respecti&e positions of the parties thereon to enable him to intelligently steer the parties toward a possible amicable settlement of the case, or,at the &ery least, to help reduce and limit the issues. The 'udge should not allow the termination of pre-trial simply because of the

manifestation of the parties that they cannot settle the case. 1e should e#pose the parties to the ad&antages of pre-trial. 1e must also be

mindful that there are other important aspects of the pre-trial that ought to be taen up to e#pedite the disposition of the case. :

The udge with all tact, patience, impartiality and with due regard to the rights of the parties shall endea&or to persuade them to arri&e at a

settlement of the dispute.; The court shall initially as the parties and their lawyers if an amicable settlement of the case is possible. +f not, the

'udge may confer with the parties with the opposing counsel to consider the following:

a. $iven the evidence of the "laintiff "resented in his "re-trial brief to su""ort his claim! /hat manner of com"romise isconsidered acce"table to the defendant at the "resent stage>

b. $iven the evidence of the defendant described in his "re-trial brief to su""ort his defense! /hat manner of com"romise isconsidered acce"table to the "laintiff at the "resent stage>

+f not successful, the court shall confer with the party and his counsel separately.

+f the manner of compromise is not acceptable, the 'udge shall confer with the parties without their counsel for the same purpose of settlement.

. +f all efforts to settle fail, the trial 'udge shall:

a. Ado"t the minutes of "reliminar& conference as "art of the "re-trial "roceedings and confirm mar)ings of ehibits orsubstituted "hotoco"ies and admissions on the genuineness and due eecution of documents8

b. 5nuire if there are cases arising out of the same facts "ending before other courts and order its consolidation if /arranted8

c. 5nuire if the "leadings are in order. 5f not! order the amendments if necessar&8

d. 5nuire if interlocutor& issues are involved and resolve the same8

e. Consider the adding or dro""ing of "arties8

f. Scrutini?e ever& single allegation of the com"laint! ans/er and other "leadings and attachments thereto and the contents of documents and all other evidence identified and "re-mar)ed during "re-trial in determining further admissions of facts anddocuments. 'o obtain admissions! the Court shall as) the "arties to submit the de"ositions ta)en under Rule 3! theans/ers to /ritten interrogatories under Rule and the ans/ers to reuest for admissions b& the adverse "art& underRule ,. 5t ma& also reuire the "roduction of documents or things reuested b& a "art& under Rule : and the results ofthe "h&sical and mental eamination of "ersons under Rule ;8

g. +efine and sim"lif& the factual and legal issues arising from the "leadings. *ncontroverted issues and frivolous claims ordefenses should be eliminated. @or each factual issue! the "artiescounsel shall state all the evidence to su""ort their"ositions thereon. @or each legal issue! "artiescounsel shall state the a""licable la/ and 2uris"rudence su""orting theirres"ective "ositions thereon. 5f onl& legal issues are "resented! the 2udge shall reuire the "arties to submit theirres"ective memoranda and the court can "roceed to render 2udgment89

h. +etermine the "ro"riet& of rendering a summar& 2udgment dismissing the case based on the disclosures made at the "re-trial or a 2udgment based on the "leadings! evidence identified and admissions made during "re-trial810

i. As) "arties to agree on the s"ecific trial dates for continuous trial in accordance /ith Circular No. 1-;9 dated (anuar& 19!19;98 adhere to the case flo/ chart determined b& the court! /hich shall contain the different stages of the "roceedingsu" to the "romulgation of the decision and use the time frame for each stage in setting the trial dates. 'he %ne-+a&Bamination of 4itness Rule! that is! a /itness has to be full& eamined in one <1= da& onl&! shall be strictl& adhered tosub2ect to the courts discretion during trial on /hether or not to etend the direct andor cross-eamination for 2ustifiablereasons. %n the last hearing da& allotted for each "art&! he is reuired to ma)e his formal offer of evidence after the"resentation of his last /itness and the o""osing "art& is reuired to immediatel& inter"ose his ob2ection thereto.'hereafter! the (udge shall ma)e the ruling on the offer of evidence in o"en court. o/ever the 2udge has the discretion toallo/ the offer of evidence in /riting in conformit& /ith Section 3! Rule 138

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2. +etermine the most im"ortant /itnesses to be heard and limit the number of /itnesses <Most 5m"ortant 4itness Rule=. 'hefacts to be "roven b& each /itness and the a""roimate number of hours "er /itness shall be fied8

). At his discretion! order the "arties to use the affidavits of /itnesses as direct testimonies sub2ect to the right to ob2ect toinadmissible "ortions thereof and to the right of cross-eamination b& the other "art&. 'he affidavits shall be based on"ersonal )no/ledge! shall set forth facts as /ould be admissible in evidence! and shall sho/ affirmativel& that the affiantis com"etent to testif& to the matters stated therein. 'he affidavits shall be in uestion and ans/er form! and shall com"l&/ith the rules on admissibilit& of evidence8

l. Reuire the "arties andor counsel to submit to the 6ranch C%C the names! addresses and contact numbers of the/itnesses to be summoned b& sub"oena8

m. %rder the delegation of the rece"tion of evidence to the 6ranch C%C under Rule 308 and

n. Refer the case to a trial b& commissioner under Rule 3.

+uring the "re-trial! the 2udge shall be the one to as) uestions on issues raised therein and all uestions or comments b&counsel or "arties must be directed to the 2udge to avoid hostilities bet/een the "arties.

,. 'he trial 2udge shall schedule the "re-trial in the afternoon sessions and set as man& "re-trial conferences as ma& be necessar&.

:. All "roceedings during the "re-trial shall be recorded. 'he minutes of each "re-trial conference shall contain matters ta)en u"therein more "articularl& admissions of facts and ehibits and shall be signed b& the "arties and their counsel.

;. 'he 2udge shall issue the reuired #re-'rial %rder /ithin ten <10= da&s after the termination of the "re-trial. Said %rder shall bindthe "arties! limit the trial to matters not dis"osed of and control the course of the action during the trial. A sam"le #re-'rial %rder is hereto attached as Anne 7+.7

o/ever! the Court ma& o"t to dictate the #re-'rial %rder in o"en court in the "resence of the "arties and their counsel and /iththe use of a com"uter! shall have the same immediatel& finali?ed and "rinted. %nce finished! the "arties andor their counsel

shall sign the same to manifest their conformit& thereto.

9. 'he court shall endeavor to ma)e the "arties agree to an euitable com"romise or settlement at an& stage of the "roceedingsbefore rendition of 2udgment.

6. Criminal Cases

1. 6efore arraignment! the Court shall issue an order directing the "ublic "rosecutor to submit the record of the "reliminar&investigation to the 6ranch C%C for the latter to attach the same to the record of the criminal case.

4here the accused is under "reventive detention! his case shall be raffled and its records transmitted to the 2udge to /hom thecase /as raffled /ithin three da&s from the filing of the com"laint or information. 'he accused shall be arraigned /ithin ten da&sfrom the date of the raffle. 'he "re-trial of his case shall be held /ithin ten da&s after arraignment unless a shorter "eriod is"rovided for b& la/.11

. After the arraignment! the court shall forth/ith set the "re-trial conference /ithin thirt& da&s from the date of arraignment! andissue an order <a= reuiring the "rivate offended "art& to a""ear thereat for "ur"oses of "lea-bargaining ece"t for violations ofthe Com"rehensive +angerous +rugs Act of 00! and for other matters reuiring his "resence81 <b= referring the case to the6ranch C%C! if /arranted! for a "reliminar& conference to be set at least three da&s "rior to the "re-trial to mar) the documentsor ehibits to be "resented b& the "arties and co"ies thereof to be attached to the records after com"arison and to considerother matters as ma& aid in its "rom"t dis"osition8 and <c= informing the "arties that no evidence shall be allo/ed to be"resented and offered during the trial other than those identified and mar)ed during the "re-trial ece"t /hen allo/ed b& thecourt for good cause sho/n. A co"& of the order is hereto attached as Anne 7B7. 5n mediatable cases! the 2udge shall refer the"arties and their counsel to the #MC unit for "ur"oses of mediation if available.

3. +uring the "reliminar& conference! the 6ranch C%C shall assist the "arties in reaching a settlement of the civil as"ect of thecase! mar) the documents to be "resented as ehibits and co"ies thereof attached to the records after com"arison! ascertainfrom the "arties the undis"uted facts and admissions on the genuineness and due eecution of documents mar)ed as ehibitsand consider such other matters as ma& aid in the "rom"t dis"osition of the case. 'he "roceedings during the "reliminar&conference shall be recorded in the Minutes of #reliminar& Conference to be signed b& both "arties and counsel. <#lease see

Anne 767=

'he Minutes of #reliminar& Conference and the ehibits shall be attached b& the 6ranch C%C to the case record before the "re-trial.

. 6efore the "re-trial conference the 2udge must stud& the allegations of the information! the statements in the affidavits of/itnesses and other documentar& evidence /hich form "art of the record of the "reliminar& investigation.

. +uring the "re-trial! ece"t for violations of the Com"rehensive +angerous +rugs Act of 00! the trial 2udge shall consider "lea-bargaining arrangements.13 4here the "rosecution and the offended "art& agree to the "lea offered b& the accused! the courtshall

a. 5ssue an order /hich contains the "lea bargaining arrived at8

b. #roceed to receive evidence on the civil as"ect of the case8 and

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c. Render and "romulgate 2udgment of conviction! including the civil liabilit& or damages dul& established b& theevidence.1

,. 4hen "lea bargaining fails! the Court shall

a. Ado"t the minutes of "reliminar& conference as "art of the "re-trial "roceedings! confirm mar)ings of ehibits orsubstituted "hotoco"ies and admissions on the genuineness and due eecution of documents and list ob2ect andtestimonial evidence8

b. Scrutini?e ever& allegation of the information and the statements in the affidavits and other documents /hich form "artof the record of the "reliminar& investigation and other documents identified and mar)ed as ehibits in determiningfarther admissions of facts! documents and in "articular as to the follo/ing1

. the identity of the accused4

2. court5s territorial 'urisdiction relat i&e to the offenses charged4

3. 6ualification of e#pert witnesses4

0. amount of damages4

. genuineness and due e#ecution of documents4

7. the cause of death or in'ury, in proper cases4

8. adoption of any e&idence presented during the preliminary in&estigation4

9. disclosure of defenses of alibi, insanity, self-defense, e#ercise of public authority and 'ustifying or e#empting circumstances4

and

. such other matters that would limit the facts in issue.

c. +efine factual and legal issues8

d. As) "arties to agree on the s"ecific trial dates and adhere to the flo/ chart determined b& the court /hich shall contain thetime frames for the different stages of the "roceeding u" to "romulgation of decision and use the time frame for eachstage in setting the trial dates8

e. Reuire the "arties to submit to the 6ranch C%C the names! addresses and contact numbers of /itnesses that need to besummoned b& suboena&' and

f. Consider modification of order of trial if the accused admits the charge but inter"oses a la/ful defense.

:. +uring the "re-trial! the 2udge shall be the one to as) uestions on issues raised therein and all uestions must be directed to himto avoid hostilities bet/een "arties.

;. All agreements or admissions made or entered during the "re-trial conference shall be reduced in /riting and signed b& theaccused and counsel! other/ise! the& cannot be used against the accused. 'he agreements covering the matters referred to inSection 1 of Rule 11; shall be a""roved b& the court. <Section ! Rule 11;=

9. All "roceedings during the "re-trial shall be recorded! the transcri"ts "re"ared and the minutes signed b& the "arties andor theircounsels.

10. 'he trial 2udge shall issue a #re-trial %rder /ithin ten <10= da&s after the termination of the "re-trial setting forth the actionsta)en during the "re-trial conference! the facts sti"ulated! the admissions made! evidence mar)ed! the number of /itnesses tobe "resented and the schedule of trial. Said %rder shall bind the "arties! limit the trial to matters not dis"osed of and control thecourse the action during the trial.1:

CIRCULAR NO. 78-98 A#) 3 998

IMPLEMENTING THE PROVISIONS OF REPUBLIC ACT NO. 8;973 ENTITLED <AN ACT TO ENSURE A SPEEDY TRIAL OF ALL CRIMINALCASES BEFORE THE SANDIGANBAYAN3 REGIONAL TRIAL COURT3 METROPOLITAN TRIAL COURT3 MUNICIPAL TRIAL COURT INCITIES3 MUNICIPAL TRIAL COURT AND MUNICIPAL CIRCUIT TRIAL COURT3 APPROPRIATING FUNDS THEREFOR3 AND FOR OTHERPURPOSES.<

SECTION . P*P+S + C*C/!* . D 'his Circular is "romulgated for the "ur"ose of im"lementing the "rovisions of Re"ublic Act No.;93! other/ise )no/n as the 7S"eed& 'rial Act of 199;!7 as directed in Section 1 hereof.

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Se". =. %" /"% +* !**!G0"0% !0D P*-%*!/. D 'he arraignment and the "re-trial! if the accused "leads not guilt& to the crimecharged! shall be held /ithin thirt& <30= da&s from the date the court acuires 2urisdiction over the "erson of the accused. 'he "eriod of the"endenc& of a motion to uash! or for a bill of "articulars! or other causes 2ustif&ing sus"ension of arraignment shall be ecluded.

Se". 7. "!0D!%+*Y P*-%*!/ 0 C*"0!/ C!SS. 1 5n all criminal cases cogni?able b& the Sandiganba&an! Regional 'rial Court!Metro"olitan 'rial Court! Munici"al 'rial Court in Cities! Munici"al 'rial Court and Munici"al Circuit 'rial Court! the court shall! after arraignment!order a "re-trial conference to consider the follo/ing

<a= #lea bargaining8

<b= Sti"ulation of facts8

<c= Mar)ing for identification of evidence of the "arties8

<d= 4aiver of ob2ections to admissibilit& of evidence8 and

<e= Such other matters as /ill "romote a fair and e"editious trial of the criminal and civil as"ects of the case.

5f the accused has "leaded not guilt& to the crime charged! he ma& state /hether he inter"oses a negative or affirmative defense. A negativedefense shall reuire the "rosecution to "roved the guilt of the accused be&ond reasonable doubt! /hile an affirmative defense ma& modif& theorder of trial and reuire the accused to "rove such defense b& clear and convincing evidence.

Se". ;. P*-%*!/ !G*"0%. 1 All agreements or admissions made or entered into during the "re-trial conference shall be reduced to/riting and signed b& the accused and counsel! other/ise the same shall not be used against the accused. 'he agreements in relation to

matters referred to in Section 3 hereof are sub2ect to the a""roval of the court8 #rovided! 'hat the agreement on the "lease of the accusedshould be to a lesser offense necessaril& included in the offense charged.

Se". >. 0+0-!PP!*!0C !% P*-%*!/ C+0*0C . D 4here counsel for the accused or the "rosecutor does not a""ear at the"retrial conference and does not offer an acce"table ecuse for his lac) of coo"eration! the court ma& im"ose "ro"er sanctions or "enalties.

Se". ?. P*-%*!/ +*D* . 1 After the "re-trial conference! the court shall issue an order reciting the actions ta)en! the facts sti"ulated! andthe evidence mar)ed. Such order shall bind the "arties! limit the trial to matters not dis"osed of and control the course of action during the trial!unless modified b& the court to "revent manifest in2ustice.

'hereafter! /here a "lea of not guilt& is entered! the accused shall have at least fifteen <1= da&s to "re"are for trial /hich shall commence/ithin thirt& <30= da&s from recei"t of the "re-trial order.

Se". @. 2%0DD %" /"%. 1 Not/ithstanding the "rovisions of the "receding sections and , for the first t/elve-calendar-month "eriod

follo/ing its effectivit&! the time limit /ith res"ect to the "eriod from arraignment to trial im"osed b& said "rovision shall be one hundred eight&<1;0= da&s. @or the second t/elve-month "eriod! the time limit shall be one hundred t/ent& <10= da&s! and for the third t/elve-month "eriod thetime limit shall be eight& <;0= da&s.

Se". 8. %" /"% +* %*!/. 1 5n criminal cases involving "ersons charged /ith a crime! ece"t those sub2ect to the Rule of Summar&#rocedure! or /here the "enalt& "rescribed b& la/ does not eceed si <,= months im"risonment! or a fine of one thousand "esos <#1!000.00=or both! irres"ective of other im"osable "enalties! the court shall! after consultation /ith the "ublic "rosecutor and the counsel for the accused!set the case for continuous trial on a /ee)l& or other short-term trial calendar at the earliest "ossible time so as to ensure s"eed& trial. 5n nocase shall the entire trial "eriod eceed one hundred eight& <1;0= da&s from the first da& of trial! ece"t as other/ise authori?ed b& the Court

Administrator "ursuant to Section ! Rule 30 of the Rules of Court.

Se". 9. 2C/S+0S. 1 'he follo/ing "eriods of dela& shall be ecluded in com"uting the time /ithin /hich trial must commence

<a= An& "eriod resulting from other "roceedings concerning the accused! including but not limited to the follo/ing

<1= dela& resulting from an eamination of the "h&sical and mental condition of the accused8

<= dela& resulting from "roceedings /ith res"ect to other criminal charges against the accused8

<3= dela& resulting from etraordinar& remedies against interlocutor& orders8

<= dela& resulting from "re-trial "roceedings8 #rovided! that the dela& does not eceed thirt& <30= da&s8

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<= dela& resulting from orders of inhibition or "roceedings relating to change of venue of cases ortransfer from other courts8

<,= dela& resulting from a finding of the eistence of a valid "re2udicial uestion8 and

<:= dela& reasonabl& attributable to an& "eriod! not to eceed thirt& <30= da&s! during /hich an&"roceeding concerning the accused is actuall& under advisement.

<b= An& "eriod of dela& resulting from the absence or unavailabilit& of an essential /itness.

@or "ur"oses of this sub"aragra"h! an essential /itness shall be considered absent /hen his /hereabouts are un)no/n or his /hereaboutscannot be determined b& due diligence. An essential /itness shall be considered unavailable /henever his /hereabouts are )no/n but his"resence for trial cannot be obtained b& due diligence.

<c= An& "eriod of dela& resulting from the fact that the accused is mentall& incom"etent or "h&sicall& unable to stand trial.

<d= 5f the information is dismissed u"on motion of the "rosecution and thereafter a charge is filed against the accused for thesame offense! an& "eriod of dela& from the date the charge /as dismissed to the date the time limitation /ould commenceto run as to the subseuent charge had there been no "revious charge.

<e= A reasonable "eriod of dela& /hen the accused is mentall& incom"etent or "h&sicall& unable to stand trial.

<f= An& "eriod of dela& resulting from a continuance granted b& an& court motu roio or on motion of either the accused forthe same offense! an& "eriod of dela& from the date the charge /as dismissed to the date the time limitation /ould

commence to run as to the subseuent charge had there been no "revious charge.

Se". . !C%+*S +* G*!0%0G C+0%0!0C . 1 'he follo/ing factors! among others! shall be considered b& a court in determining/hether to grant a continuance under sub"aragra"h <f= of Section 9 hereof

<a= 4hether or not the failure to grant a continuance in the "roceeding /ould be li)e to ma)e a continuation of such"roceeding im"ossible! or result in a miscarriage of 2ustice8 and

<b= 4hether or not the case ta)en as a /hole is so novel! unusual and com"le! due to the number of accused or the natureof the "rosecution or other/ise! that it is unreasonable to e"ect adeuate "re"aration /ithin the "eriods of time establishedherein.

No continuance under sub"aragra"h <f= Section 9 hereof shall be granted because of congestion of the courtEs calendar! orlac) of diligent "re"aration or failure to obtain available /itnesses on the "art of the "ublic "rosecutor.

Se". . %" /"% +//+30G !0 +*D* +* 03 %*!/. 1 5f the accused is to be tried again "ursuant to an order of a court for a ne/trial! the trial shall commence /ithin thirt& <30= da&s from notice of that order! ece"t that the court retr&ing the case ma& etend such "eriod butnot to eceed one hundred eight& <1;0= da&s from notice of said order for a ne/ trial if unavailabilit& of /itnesses or other factors ma)e trial/ithin thirt& <30= da&s im"ractical.

Se". =. P4/C !%%+*0Y5S D%S 36* !CCSD S "P*S+0D. 1 5f the "ublic attorne& assigned to defend a "erson charged/ith a crime )no/s that the latter is "reventivel& detained! either because he is charged /ith a bailable crime and has no means to "ost bail! oris charged /ith a non-bailable crime! or is serving a term of im"risonment in an& "enal institution

<a= 'he "ublic attorne& shall "rom"tl& underta)e to obtain the "resence of the "risoner for trial! or cause a notice to beserved on the "erson having custod& of the "risoner reuiring such "erson to so advise the "risoner of his right to demandtrial.

<b= *"on recei"t of that notice! the "erson having custod& of the "risoner shall "rom"tl& advise the "risoner of the charge

and of his right to demand trial! 5f at an& time thereafter the "risoner informs his custodian that he demands such trial! thelatter shall cause notice to that effect to be sent "rom"tl& to the "ublic attorne&.

<c= *"on recei"t of such notice! the "ublic attorne& shall "rom"tl& see) to obtain the "resence of the "risoner for trial.

<d= 4hen the "erson having custod& of the "risoner receives from the "ublic attorne& a "ro"erl& su""orted reuest for theavailabilit& of the "risoner for "ur"oses of the trial! the "risoner shall be made available accordingl&.

Se". 7. S!0C%+0S. 1 5n an& case in /hich "rivate counsel for the accused! the "ublic attorne& or the "ublic "rosecutor

6



<a= )no/ingl& allo/s the case to be set for trial /ithout disclosing the fact that a necessar& /itness /ould be unavailable fortrial8

<b= files a motion solel& for the "ur"ose of dela& /hich he )no/s is totall& frivolous and /ithout merit8

<c= ma)es a statement for the "ur"ose of obtaining continuance /hich he )no/ to be false and /hich is material to thegranting of a continuance8 or

<d= other/ise /illfull& fails to "roceed to trial /ithout 2ustification consistent /ith the "rovisions hereof! the court ma& "unishan& such counsel! attorne& or "rosecutor! as follo/s

<1= in the case of a counsel "rivatel& retained in connection /ith the defense of an accused! b&im"osing a fine of not eceeding t/ent& thousand "esos <#0!000.00=8

<= b& im"osing on an& a""ointed counsel de o7i$io! "ublic attorne& or "ublic "rosecutor a fine noteceeding five thousand "esos <#!000.00=8 and

<3= b& den&ing an& defense counsel or "ublic "rosecutor the right to "ractice before the courtconsidering the case for a "eriod not eceeding thirt& <30= da&s.

'he authorit& to "unish "rovided for b& this section shall be /ithout "re2udice to an& a""ro"riate criminal action or an& other sanction authori?edunder the Rules of Court.

Se". ;. *"DY 36* !CCSD S 0+% 4*+G6% %+ %*!/ 3%60 %6 %" /"%. 1 5f the accused is not brought to trial /ithin

the time limit reuired b& Sections and , hereof! as etended b& Section :! the information ma& be dismissed on motion of the accused on theground of denial of his right to s"eed& trial. 'he accused shall have the burden of "roving such motion b& the "rosecution shall have the burdenof going for/ard /ith the evidence in connection /ith the eclusion of time under Section 9 hereof. 'he dismissal shall be sub2ect to the rules ondouble 2eo"ard&.

@ailure of the accused to move for dismissal "rior to trial shall constitute a /aiver of the right to dismiss under this section.

Se". >. *P4/C !C% 0+ 89:; 0+% ! 4!* %+ P*+VS+0 +0 SPDY %*!/ 0 %6 C+0S%%%+0. 1 No "rovision of Re"ublic ActNo. ;93 shall be inter"reted as a bar to an& charge of denial of s"eed& trial as "rovided b& Article 555! Section 1<=! of the 19;: Constitution.

Se". ?. C%V%Y. 1 'his Circular shall be "ublished in t/o <= ne/s"a"ers of general circulation and shall ta)e effect on Se"tember 1!199;.

Re*'&i" A") No. 8;97 Fe'+%+/ =3 998

AN ACT TO ENSURE A SPEEDY TRIAL OF ALL CRIMINAL CASES BEFORE THE SANDIGANBAYAN3 REGIONAL TRIAL COURT3METROPOLITAN TRIAL COURT3 MUNICIPAL TRIAL COURT3 AND MUNICIPAL CIRCUIT TRIAL COURT3 APPROPRIATING FUNDSTHEREFOR3 AND FOR OTHER PURPOSES

4e it ena$ted b< t=e Senate and 6ouse o7 *eresentatives o7 t=e P=iliines in Congress assembled>

Se")io! . Title. - 'his Act shall be )no/n as the <Speedy Trial Act of 1998 .<

Se")io! =. Mandatory Pre-Trial in Criminal Cases. - 5n all cases cogni?able b& the Munici"al 'rial Court! Munici"al Circuit 'rial Court!Metro"olitan 'rial Court! Regional 'rial Court! and the Sandiganba&an! the 2ustice or 2udge shall! after arraignment! order a "re-trial conferenceto consider the follo/ing

<a= #lea bargaining8

<b= Sti"ulation of @acts8

<c= Mar)ing for identification of evidence of "arties8

<d= 4aiver of ob2ections to admissibilit& of evidence8 and

<e= Such other matters as /ill "romote a fair and e"editious trial.

7



Se")io! 7. Pre-Trial Agreement . - All agreements or admissions made or entered into during the "re-trial conference shall be reduced to /ritingand signed b& the accused and counsel! other/ise the same shall not be used in evidence against the accused. 'he agreements in relation tomatters referred to in Section hereof is sub2ect to the a""roval of the court #rovided! 'hat the agreement on the "lea of the accused to alesser offense ma& onl& be revised! modified! or annulled b& the court /hen the same is contrar& to la/! "ublic morals! or "ublic "olic&.

Se")io! ;. Nonappearance at Pre-Trial Conference. - 4here counsel for the accused or the "rosecutor does not a""ear at the "re-trialconference and does not offer an acce"table ecuse for hisher lac) of coo"eration! the "re-trial 2ustice or 2udge ma& im"ose "ro"er sanctions or "enalties.

Se")io! >. Pre-Trial Order . - After the "re-trial conference! the court shall issue an order reciting the actions ta)en! the facts sti"ulated! and

evidence mar)ed. Such order shall bind the "arties! limit the trial to matters not dis"osed of and control the course of action during the trial!unless modified b& the court to "revent manifest in2ustice.

Se")io! ?. Time Limit for Trial . - 5n criminal cases involving "ersons charged of a crime! ece"t those sub2ect to the Rules on Summar&#rocedure! or /here the "enalt& "rescribed b& la/ does not eceed si <,= months im"risonment! or a fine of %ne thousand "esos <#1!000.00=or both! irres"ective of other im"osable "enalties! the 2ustice or 2udge shall! after consultation /ith the "ublic "rosecutor and the counsel for theaccused! set the case for continuous trial on a /ee)l& or other short-term trial calendar at the earliest "ossible time so as to ensure s"eed& trial.5n no case shall the entire trial "eriod eceed one hundred eight& <1;0= da&s from the first da& of trial! ece"t as other/ise authori?ed b& theChief (ustice of the Su"reme Court "ursuant to Section 3! Rule of the Rules of Court.

Se")io! @. Time Limit Beteen !iling of "nformation and Arraignment and Beteen Arraignment and Trial .- 'he arraignment of anaccused shall be held /ithin thirt& <30= da&s from the filing of the information! or from the date the accused has a""eared before the 2ustice!

2udge or court in /hich the charge is "ending! /hichever date last occurs. 'hereafter! /here a "lea of not guilt& is entered! the accused shallhave at least fifteen <1= da&s to "re"are for trial. 'rial shall commence /ithin thirt& <30= da&s from arraignment as fied b& the court.

5f the accused "leads not guilt& to the crime charged! heshe shall state /hether heshe inter"oses a negative or affirmative defense. A negativedefense shall reuire the "rosecution to "rove the guilt of the accused be&ond reasonable doubt! /hile an affirmative defense ma& modif& theorder of trial and reuire the accused to "rove such defense b& clear and convincing evidence.

Se")io! 8. Time Limit !olloing an Order for Ne Trial . - 5f the accused is to be tried again follo/ing an order of a court for a ne/ trial! thetrial shall commence /ithin thirt& <30= da&s from the date the order for a ne/ trial becomes final! ece"t that the court retr&ing the case ma&etend such "eriod but in an& case shall not eceed one hundred eight& <1;0= da&s from the date the order for a ne/ trial becomes final ifunavailabilit& of /itnesses or other factors resulting from "assage of time shall ma)e trial /ithin thirt& <30= da&s im"ractical.

Se")io! 9. #$tended Time Limit . - Not/ithstanding the "rovisions of Section : of this Act! for the first t/elve-calendar-month "eriod follo/ing itseffectivit&! the time limit /ith res"ect to the "eriod from arraignment to trial im"osed b& Section : of this Act shall be one hundred eight& <1;0=da&s. @or the second t/elve-month "eriod the time limit shall be one hundred t/ent& <10= da&s! and for the third t/elve-month "eriod the timelimit /ith res"ect to the "eriod from arraignment to trial shall be eight& <;0= da&s.

Se")io! . #$cl%sions. - 'he follo/ing "eriods of dela& shall be ecluded in com"uting the time /ithin /hich trial must commence

<a= An& "eriod of dela& resulting from other "roceedings concerning the accused! including but not limited to the follo/ing

<1= dela& resulting from an eamination of the accused! and hearing on hisher mental com"etenc&! or "h&sical inca"acit&8

<= dela& resulting from trials /ith res"ect to charges against the accused8

<3= dela& resulting from interlocutor& a""eals8

<= dela& resulting from hearings on "re-trial motions #rovided! 'hat the dela& does not eceed thirt& <30= da&s!

<= dela& resulting from orders of inhibition! or "roceedings relating to change of venue of cases or transfer from othercourts8

<,= dela& resulting from a finding of the eistence of a valid "re2udicial uestion8 and

<:= dela& reasonabl& attributable to an& "eriod! not to eceed thirt& <30= da&s! during /hich an& "roceeding concerning theaccused is actuall& under advisement.

<b= An& "eriod of dela& resulting from the absence or unavailabilit& of the accused or an essential /itness.

@or "ur"oses of this sub"aragra"h! an accused or an essential /itness shall be considered absent /hen hisher /hereabouts areun)no/n and! in addition! heshe is attem"ting to avoid a""rehension or "rosecution or hisher /hereabouts cannot be determined b&

8



due diligence. An accused or an essential /itness shall be considered unavailable /henever hisher /hereabouts are )no/n buthisher "resence for trial cannot be obtained b& due diligence or heshe resists a""earing at or being returned for trial.

<c= An& "eriod of dela& resulting from the fact that the accused is mentall& incom"etent or "h&sicall& unable to stand trial.

<d= 5f the information is dismissed u"on motion of the "rosecution and thereafter a charge is filed against the accused for the sameoffense! or an& offense reuired to be 2oined /ith that offense! an& "eriod of dela& from the date the charge /as dismissed to the datethe time limitation /ould commence to run as to the subseuent charge had there been no "revious charge.

<e= A reasonable "eriod of dela& /hen the accused is 2oined for trial /ith a co-accused over /hom the court has not acuired

2urisdiction! or as to /hom the time for trial has not run and no motion for severance has been granted.

<f= An& "eriod of dela& resulting from a continuance granted b& an& 2ustice or 2udge motu "ro"io or on motion of the accused or hishercounsel or at the reuest of the "ublic "rosecutor! if the 2ustice or 2udge granted such continuance on the basis of hisher findings thatthe ends of 2ustice served b& ta)ing such action out/eigh the best interest of the "ublic and the defendant in a s"eed& trial. No such"eriod of dela& resulting from a continuance granted b& the court in accordance /ith this sub"aragra"h shall be ecludable under thissection unless the court sets forth! in the record of the case! either orall& or in /riting! its reasons for finding that the ends of 2usticeserved b& the granting of such continuance out/eigh the best interests of the "ublic and the accused in a s"eed& trial.

Se")io! . !actors for &ranting Contin%ance. - 'he factors! among others! /hich a 2ustice or 2udge shall consider in determining /hether togrant a continuance under sub"aragra"h <f= of Section 10 of this Act are as follo/s

<a= 4hether the failure to grant such a continuance in the "roceeding /ould be li)el& to ma)e a continuation of such "roceedingim"ossible! or result in a miscarriage of 2ustice.

<b= 4hether the case ta)en as a /hole is so novel! so unusual and so com"le! due to the number of accused or the nature of the"rosecution or other/ise! that it is unreasonable to e"ect adeuate "re"aration /ithin the "eriods of time established b& this Act.

No continuance under sub"aragra"h <f= of Section 10 shall be granted because of general congestion of the courts calendar! or lac) of diligent"re"aration or failure to obtain available /itnesses on the "art of the "ublic "rosecutor.

Se")io! =. P%'lic Attorney(s )%ties *+ere Acc%sed is "mprisoned . - 5f the "ublic attorne& )no/s that a "erson charged of a crime is"reventivel& detained! either because heshe is charged of a bailable crime and has no means to "ost bail! or is charged of a non-bailable crime!or is serving a term of im"risonment in an& "enal institution! the "ublic attorne& shall "rom"tl&

<a= *nderta)e to obtain the "resence of the "risoner for trial! or cause a notice to be served on the "erson having custod& of the"risoner mandating such "erson to so advise the "risoner of hisher right to demand trial.

<b= *"on recei"t of a notice! the "erson having custod& of the "risoner shall "rom"tl& advise the "risoner of the charge and of hisher

right to demand trial. 5f at an& time thereafter the "risoner informs the "erson having custod& that heshe demands trial! such "ersonshall cause notice to that effect to be sent "rom"tl& to the "ublic attorne&.

<c= *"on recei"t of such notice! the "ublic attorne& shall "rom"tl& see) to obtain the "resence of the "risoner for trial.

<d= 4hen the "erson having custod& of the "risoner receives from the "ublic attorne& a "ro"erl& su""orted reuest for tem"orar&custod& of the "risoner for trial! the "risoner shall be made available to that "ublic attorne&.

Se")io! 7. ,emedy *+ere Acc%sed is Not Bro%g+t to Trial *it+in t+e Time Limit . - 5f an accused is not brought to trial /ithin the time limitreuired b& Section : of this Act as etended b& Section 9! the information shall be dismissed on motion of the accused. 'he accused shall havethe burden of "roof of su""orting such motion but the "rosecution shall have the burden of going for/ard /ith the evidence in connection /iththe eclusion of time under Section 10 of this Act.

5n determining /hether to dismiss the case /ith or /ithout "re2udice! the court shall consider! among other factors! the seriousness of the

offense! the facts and circumstances of the case /hich led to the dismissal! and the im"act of a re"rosecution on the im"lementation of this Actand on the administration of 2ustice. @ailure of the accused to move for dismissal "rior to trial or entr& of a "lea of guilt& shall constitute a /aiverof the right to dismissal under this section.

Se")io! ;. Sanctions. - 5n an& case in /hich counsel for the accused! the "ublic "rosecution or "ublic attorne&

<a= )no/ingl& allo/s the case to be set for trial /ithout disclosing the fact that a necessar& /itness /ould be unavailable for trial8

<b= files a motion solel& for the "ur"ose of dela& /hich heshe )no/s is totall& frivolous and /ithout merit8

9



<c= ma)es a statement for the "ur"ose of obtaining continuance /hich heshe )no/s to be false and /hich is material to the grantingof a continuance8 or

<d= other/ise /illfull& fails to "roceed to trial /ithout 2ustification consistent /ith the "rovisions of this Act! the court ma&! /ithout"re2udice to an& a""ro"riate criminal andor administrative charges to be instituted b& the "ro"er "art& against the erring counsel ifand /hen /arranted! "unish an& such counsel or attorne&! as follo/s

<1= in the case of a counsel "rivatel& retained in connection /ith the defense of an accused! b& im"osing a fine noteceeding8 fift& "ercent <0F= of the com"ensation to /hich heshe is entitled in connection /ith hisher defense of theaccused8

<= b& im"osing on an& a""ointed counsel de officio or "ublic "rosecutor a fine not eceeding 'en thousand "esos<10!000.00=8 and

<3= b& den&ing an& defense counsel or "ublic "rosecutor the right to "ractice before the court considering the case for a"eriod not eceeding thirt& <30= da&s.

'he authorit& to "unish "rovided for b& this section shall be in addition to an& other authorit& or "o/er available to the court. 'he courtshall follo/ the "rocedures established in the Rules of Court in "unishing an& counsel or "ublic "rosecutor "ursuant to this section.

Se")io! >. ,%les and ,eg%lations. - 'he Su"reme Court shall "romulgate rules! regulations! administrative orders and circulars /hich shallsee) to accelerate the dis"osition of criminal cases. 'he rules! regulations! administrative orders and circulars formulated shall "rovide sanctionsagainst 2ustices and 2udges /ho /illfull& fail to "roceed to trial /ithout 2ustification consistent /ith the "rovisions of this Act.

Se")io! ?. !%nding . - @or the effective im"lementation of the rules! regulations! administrative orders and circulars "romulgated under this Act!the amount of '/ent& million "esos <#0!000!000.00= annuall& shall be a""ro"riated from the allocation of the Su"reme Court under the $eneral A""ro"riations Act. 'hereafter! such additional amounts as ma& be necessar& for its continued im"lementation shall be included in the annual$eneral A""ro"riations Act.

Se")io! @. Act Not a Bar to Speedy Trial Claim nder t+e Constit%tion. - No "rovision of this Act shall be inter"reted as a bar to an& claimof denial of s"eed& trial as reuired b& Article 555! Section 1<= of the 19;: Constitution.

Se")io! 8. ,epealing Cla%se. - All la/s! "residential decrees! eecutive orders! rules and regulations or "arts thereof inconsistent /ith the"rovisions of this Act are hereb& re"ealed or modified accordingl&.

Se")io! 9. Separa'ility Cla%se. - 5n case an& "rovision of this Act is declared unconstitutional! the other "rovisions shall remain in effect.

Se")io! =. #ffecti.ity . - 'his Act shall ta)e effect after fifteen <1= da&s follo/ing its "ublication in the %fficial $a?ette or in an& ne/s"a"er ofgeneral circulation #rovided! 'hat Section : of this Act shall become effective after the e"iration of the aforementioned third-calendar-month

"eriod "rovided in Section 9 of this Act.

!roved Fe'+%+/ =3 998

Re*'&i" A") No. ?98 A*+i& =;3 99

AN ACT PROVIDING FOR A ITNESS PROTECTION3 SECURITY AND BENEFIT PROGRAM AND FOR OTHER PURPOSES

4e it ena$ted b< t=e Senate and 6ouse o7 *eresentatives o7 t=e P=iliines in Congress assembled>

Se")io! . Name of Act/ - 'his Act shall be )no/n as the <*itness Protection0 Sec%rity and Benefit Act <.

Se")io! =. "mplementation of Program/ - 'he +e"artment of (ustice! hereinafter referred to as the +e"artment! through its Secretar&! shall

formulate and im"lement a 74itness #rotection! Securit& and 6enefit #rogram7! hereinafter referred to as the #rogram! "ursuant to andconsistent /ith the "rovisions of this Act.

'he +e"artment ma& call u"on an& de"artment! bureau! office or an& other eecutive agenc& to assist in the im"lementation of the #rogram andthe latter offices shall be under legal dut& and obligation to render such assistance.

Se")io! 7. Admission into t+e Program/ - An& "erson /ho has /itnessed or has )no/ledge or information on the commission of a crime andhas testified or is testif&ing or about to testif& before an& 2udicial or uasi-2udicial bod&! or before an& investigating authorit&! ma& be admitted intothe #rogram

10



#rovided! 'hat

a= the offense in /hich his testimon& /ill be used is a grave felon& as defined under the Revised #enal Code! or its euivalent unders"ecial la/s8la?=i'@

b= his testimon& can be substantiall& corroborated in its material "oints8

c= he or an& member of his famil& /ithin the second civil degree of consanguinit& or affinit& is sub2ected to threats to his life or bodil&in2ur& or there is a li)elihood that he /ill be )illed! forced! intimidated! harassed or corru"ted to "revent him from testif&ing! or to testif&falsel&! or evasivel&! because or on account of his testimon&8 and

d= he is not a la/ enforcement officer! even if he /ould be testif&ing against the other la/ enforcement officers. 5n such a case! onl&the immediate members of his famil& ma& avail themselves of the "rotection "rovided for under this Act.

5f the +e"artment! after eamination of said a""licant and other relevant facts! is convinced that the reuirements of this Act and itsim"lementing rules and regulations have been com"lied /ith! it shall admit said a""licant to the #rogram! reuire said /itness to eecute as/orn statement detailing his )no/ledge or information on the commission of the crime! and thereafter issue the "ro"er certification. @or"ur"oses of this Act! an& such "erson admitted to the #rogram shall be )no/n as the 4itness.

Se")io! ;. *itness in Legislati.e "n.estigations/ - 5n case of legislative investigations in aid of legislation! a /itness! /ith his e"ressconsent! ma& be admitted into the #rogram u"on the recommendation of the legislative committee /here his testimon& is needed /hen in its

2udgment there is "ressing necessit& therefor #rovided! 'hat such recommendation is a""roved b& the #resident of the Senate or the S"ea)erof the ouse of Re"resentatives! as the case ma& be.

Se")io! >. Memorand%m of Agreement *it+ t+e Person to 'e Protected/ - 6efore a "erson is "rovided "rotection under this Act! he shallfirst eecute a memorandum of agreement /hich shall set forth his res"onsibilities including

a= to testif& before and "rovide information to all a""ro"riate la/ enforcement officials concerning all a""ro"riate "roceedings inconnection /ith or arising from the activities involved in the offense charged8

b= to avoid the commission of the crime8la?=i'@

c= to ta)e all necessar& "recautions to avoid detection b& others of the facts concerning the "rotection "rovided him under this Act8

d= to com"l& /ith legal obligations and civil 2udgments against him8

e= to coo"erate /ith res"ect to all reasonable reuests of officers and em"lo&ees of the $overnment /ho are "roviding "rotectionunder this Act8 and

f= to regularl& inform the a""ro"riate "rogram official of his current activities and address.'a?=i'A

Se")io! ?. Breac+ of t+e Memorand%m of Agreement/ - Substantial breach of the memorandum of agreement shall be a ground for thetermination of the "rotection "rovided under this Act #rovided! ho/ever! 'hat before terminating such "rotection! the Secretar& of (ustice shallsend notice to the "erson involved of the termination of the "rotection "rovided under this Act! stating therein the reason for such termination.

Se")io! @. Confidentiality of Proceedings/ - All "roceedings involving a""lication for admission into the #rogram and the action ta)en thereonshall be confidential in nature. No information or documents given or submitted in su""ort thereof shall be released ece"t u"on /ritten order ofthe +e"artment or the "ro"er court.

An& "erson /ho violates the confidentialit& of said "roceedings shall u"on conviction be "unished /ith im"risonment of not less than one <1=&ear but not more than si <,= &ears and de"rivation of the right to hold a "ublic office or em"lo&ment for a "eriod of five <= &ears.

Se")io! 8. ,ig+ts and Benefits/ - 'he /itness shall have the follo/ing rights and benefits%C-!/

<a= 'o have a secure housing facilit& until he has testified or until the threat! intimidation or harassment disa""ears or is reduced to amanageable or tolerable level. 4hen the circumstances /arrant! the 4itness shall be entitled to relocation andor change of "ersonalidentit& at the e"ense of the #rogram. 'his right ma& be etended to an& member of the famil& of the 4itness /ithin the second civildegree of consanguinit& or affinit&.

<b= 'he +e"artment shall! /henever "racticable! assist the 4itness in obtaining a means of livelihood. 'he 4itness relocated "ursuantto this Act shall be entitled to a financial assistance from the #rogram for his su""ort and that of his famil& in such amount and forsuch duration as the +e"artment shall determine.

11



<c= 5n no case shall the 4itness be removed from or demoted in /or) because or on account of his absences due to his attendancebefore an& 2udicial or uasi-2udicial bod& or investigating authorit&! including legislative investigations in aid of legislation! in goingthereto and in coming therefrom #rovided! 'hat his em"lo&er is notified through a certification issued b& the +e"artment! /ithin a"eriod of thirt& <30= da&s from the date /hen the 4itness last re"orted for /or) #rovided! further! 'hat in the case of "rolongedtransfer or "ermanent relocation! the em"lo&er shall have the o"tion to remove the 4itness from em"lo&ment after securing clearancefrom the +e"artment u"on the recommendation of the +e"artment of Gabor and Bm"lo&ment.

An& 4itness /ho failed to re"ort for /or) because of /itness dut& shall be "aid his euivalent salaries or /ages corres"onding to thenumber of da&s of absence occasioned b& the #rogram. @or "ur"oses of this Act! an& fraction of a da& shall constitute a full da& salar&or /age. 'his "rovision shall be a""licable to both government and "rivate em"lo&ees.

<d= 'o be "rovided /ith reasonable travelling e"enses and subsistence allo/ance b& the #rogram in such amount as the +e"artmentma& determine for his attendance in the court! bod& or authorit& /here his testimon& is reuired! as /ell as conferences andintervie/s /ith "rosecutors or investigating officers.

<e= 'o be "rovided /ith free medical treatment! hos"itali?ation and medicines for an& in2ur& or illness incurred or suffered b& himbecause of /itness dut& in an& "rivate or "ublic hos"ital! clinic! or at an& such institution at the e"ense of the #rogram.

<f= 5f a 4itness is )illed! because of his "artici"ation in the #rogram! his heirs shall be entitled to a burial benefit of not less than 'enthousand "esos <#10!000.00= from the #rogram eclusive of an& other similar benefits he ma& be entitled to under other eisting la/s.

<g= 5n case of death or "ermanent inca"acit&! his minor or de"endent children shall be entitled to free education! from "rimar& tocollege level in an& state! or "rivate school! college or universit& as ma& be determined b& the +e"artment! as long as the& shall haveualified thereto.

Se")io! 9. Speedy earing or Trial/ - 5n an& case /here a 4itness admitted into the #rogram shall testif&! the 2udicial or uasi-2udicial bod&! orinvestigating authorit& shall assure a s"eed& hearing or trial and shall endeavor to finish said "roceeding /ithin three <3= months from the filingof the case.

Se")io! . State *itness/ - An& "erson /ho has "artici"ated in the commission of a crime and desires to be a /itness for the State! can a""l&and! if ualified as determined in this Act and b& the +e"artment! shall be admitted into the #rogram /henever the follo/ing circumstances are"resent

<a= the offense in /hich his testimon& /ill be used is a grave felon& as defined under the Revised #enal Code or its euivalent unders"ecial la/s8

<b= there is absolute necessit& for his testimon&8

<c= there is no other direct evidence available for the "ro"er "rosecution of the offense committed

<d= his testimon& can be substantiall& corroborated on its material "oints8

<e= he does not a""ear to be most guilt&8 and

<f= he has not at an& time been convicted of an& crime involving moral tur"itude.

An accused discharged from an information or criminal com"laint b& the court in order that he ma& be a State 4itness "ursuant to Section 9 and10 of Rule 119 of the Revised Rules of Court ma& u"on his "etition be admitted to the #rogram if he com"lies /ith the other reuirements of this

Act. Nothing in this Act shall "revent the discharge of an accused! so that he can be used as a State 4itness under Rule 119 of the RevisedRules of Court.

Se")io! . Sorn Statement/ - 6efore an& "erson is admitted into the #rogram "ursuant to the net "receding Section he shall eecute as/orn statement describing in detail the manner in /hich the offense /as committed and his "artici"ation therein. 5f after said eamination of

said "erson! his s/orn statement and other relevant facts! the +e"artment is satisfied that the reuirements of this Act and its im"lementingrules are com"lied /ith! it ma& admit such "erson into the #rogram and issue the corres"onding certification.

5f his a""lication for admission is denied! said s/orn statement and an& other testimon& given in su""ort of said a""lication shall not beadmissible in evidence! ece"t for im"eachment "ur"oses.

Se")io! =. #ffect of Admission of a State *itness into t+e Program/ - 'he certification of admission into the #rogram b& the +e"artmentshall be given full faith and credit b& the "rovincial or cit& "rosecutor /ho is reuired not to include the 4itness in the criminal com"laint orinformation and if included therein! to "etition the court for his discharge in order that he can utili?ed as a State 4itness. 'he Court shall orderthe discharge and eclusion of the said accused from the information.

12



Admission into the #rogram shall entitle such State 4itness to immunit& from criminal "rosecution for the offense or offenses in /hich histestimon& /ill be given or used and all the rights and benefits "rovided under Section ; hereof.

Se")io! 7. !ail%re or ,ef%sal of t+e *itness to Testify/ - An& 4itness registered in the #rogram /ho fails or refuses to testif& or to continueto testif& /ithout 2ust cause /hen la/full& obliged to do so! shall be "rosecuted for contem"t. 5f he testifies falsel& or evasivel&! he shall be liableto "rosecution for "er2ur&. 5f a State 4itness fails or refuses to testif&! or testifies falsel& or evasivel&! or violates an& condition accom"an&ingsuch immunit& /ithout 2ust cause! as determined in a hearing b& the "ro"er court! his immunit& shall be removed and he shall be sub2ect tocontem"t or criminal "rosecution. Moreover! the en2o&ment of all rights and benefits under this Act shall be deemed terminated.

'he 4itness ma&! ho/ever! "urge himself of the contumacious acts b& testif&ing at an& a""ro"riate stage of the "roceedings.

Se")io! ;. Compelled Testimony/ - An& 4itness admitted into the #rogram "ursuant to Sections 3 and 10 of this Act cannot refuse to testif&or give evidence or "roduce boo)s! documents! records or /ritings necessar& for the "rosecution of the offense or offenses for /hich he hasbeen admitted into the #rogram on the ground of the constitutional right against self-incrimination but he shall en2o& immunit& from criminal"rosecution and cannot be sub2ected to an& "enalt& or forfeiture for an& transaction! matter or thing concerning his com"elled testimon& orboo)s! documents! records and /ritings "roduced.

5n case of refusal of said 4itness to testif& or give evidence or "roduce boo)s! documents! records! or /ritings! on the ground of the rightagainst self-incrimination! and the state "rosecutor or investigator believes that such evidence is absolutel& necessar& for a successful"rosecution of the offense or offenses charged or under investigation! he! /ith the "rior a""roval of the de"artment! shall file a "etition /ith thea""ro"riate court for the issuance of an order reuiring said 4itness to testif&! give evidence or "roduce the boo)s! documents! records! and/ritings described! and the court shall issue the "ro"er order.

'he court! u"on motion of the state "rosecutor or investigator! shall order the arrest and detention of the 4itness in an& 2ail contiguous to the"lace of trial or investigation until such time that the 4itness is /illing to give such testimon& or "roduce such documentar& evidence.

Se")io! >. Per2%ry or Contempt/ - No 4itness shall be eem"t from "rosecution for "er2ur& or contem"t committed /hile giving testimon& or"roducing evidence under com"ulsion "ursuant to this Act. 'he "enalt& net higher in degree shall be im"osed in case of conviction for "er2ur&.'he "rocedure "rescribed under Rule :1 of the Rules of Court shall be follo/ed in contem"t "roceedings but the "enalt& to be im"osed shall notbe less than one <1= month but not more than one <1= &ear im"risonment.

Se")io! ?. Credi'ility of *itness/ - 5n all criminal cases! the fact of the entitlement of the 4itness to the "rotection and benefits "rovided for inthis Act shall not be admissible in evidence to diminish or affect his credibilit&.

Se")io! @. Penalty for arassment of *itness/ - An& "erson /ho harasses a 4itness and thereb& hinders! dela&s! "revents or dissuades a4itness from

<a= attending or testif&ing before an& 2udicial or uasi-2udicial bod& or investigating authorit&8

<b= re"orting to a la/ enforcement officer or 2udge the commission or "ossible commission of an offense! or a violation of conditions or"robation! "arole! or release "ending 2udicial "roceedings8

<c= see)ing the arrest of another "erson in connection /ith the offense8

<d= causing a criminal "rosecution! or a "roceeding for the revocation of a "arole or "robation8 or

<e= "erforming and en2o&ing the rights and benefits under this Act or attem"ts to do so! shall be fined not more than 'hree thousand"esos <#3!000.00= or suffer im"risonment of not less than si <,= months but not more than one <1= &ear! or both! and he shall alsosuffer the "enalt& of "er"etual disualification from holding "ublic office in case of a "ublic officer.

Se")io! 8. ,%les and ,eg%lations/ - 'he +e"artment shall "romulgate such rules and regulations as ma& be necessar& to im"lement theintent and "ur"oses of this Act. Said rules and regulations shall be "ublished in t/o <= ne/s"a"ers of general circulation.

Se")io! 9. ,epealing Cla%se/ - All la/s! decrees! eecutive issuances! rules and regulations inconsistent /ith this Act are hereb& re"ealed ormodified accordingl&.

Se")io! =. !%nding/ - 'he amount of 'en million "esos <#10!000!000.00= is hereb& authori?ed to be a""ro"riated out of an& funds in theNational 'reasur& not other/ise a""ro"riated to carr& into effect the "ur"ose of this Act.

B"enses incurred in the im"lementation of the #rogram ma& be recovered as "art of the cost or indemnit& im"osed u"on the accused.

@urthermore! other funding schemes or sources! sub2ect to the limitations of the la/! shall be allo/ed in furtherance hereof.

13



Se")io! =. Separa'ility Cla%se/ - 'he declaration of unconstitutionalit& or invalidit& of an& "rovision of this Act shall not affect the other"rovisions hereof.

Se")io! ==. #ffecti.ity/ - 'his Act shall ta)e effect after fifteen <1= da&s follo/ing its "ublication in t/o <= ne/s"a"ers of general circulation.

A""roved A*+i& =;3 99la?=i'B

PRESIDENTIAL DECREE No. @;9 J&/ 83 9@>

GRANTING IMMUNITY FROM PROSECUTION TO GIVERS OF BRIBES AND OTHER GIFTS AND TO THEIR ACCOMPLICES IN BRIBERYAND OTHER GRAFT CASES AGAINST PUBLIC OFFICERS

4BRBAS! "ublic office is a "ublic trust "ublic officers are but servants of the "eo"le! /hom the& must serve /ith utmost fidelit& and integrit&8

4BRBAS! it has heretofore been virtuall& im"ossible to secure the conviction and removal of dishonest "ublic servants o/ing to the lac) of/itnesses the bribe or gift-givers being al/a&s reluctant to testif& against the corru"t "ublic officials and em"lo&ees concerned for fear of beingindicted and convicted themselves of briber& and corru"tion8

4BRBAS! it is better b& far and more sociall& desirable! as /ell as 2ust! that the bribe or gi ft giver be granted immunit& from "rosecution so thathe ma& freel& testif& as to the official corru"tion! than that the official /ho receives the bribe or gift should be allo/ed to go free! insolentl&remaining in "ublic office! and continuing /ith his nefarious and corru"t "ractices! to the great detriment of the "ublic service and the "ublicinterest.

N%4! 'BRB@%RB! 5! @BR+5NAN+ B. MARC%S! #resident of the #hili""ines! b& virtue of the "o/ers in me vested b& the Constitution! do

hereb& decree and order that

Se")io! . An& "erson /ho voluntaril& gives information about an& violation of Articles 10! 11! and 1 of the Revised #enal Code8 Re"ublic Act Numbered 'hree 'housand Nineteen! as amended8 Section 3 of the 5nternal Revenue Code and Section 3,0 of the 'ariff and CustomsCode and other "rovisions of the said Codes "enali?ing abuse or dishonest& on the "art of the "ublic officials concerned8 and other la/s! rulesand regulations "unishing acts of graft! corru"tion and other forms of official abuse8 and /ho /illingl& testifies against an& "ublic official orem"lo&ee for such violation shall be eem"t from "rosecution or "unishment for the offense /ith reference to /hich his information andtestimon& /ere given! and ma& "lead or "rove the giving of such information and testimon& in bar of such "rosecution #rovided8 that thisimmunit& ma& be en2o&ed even in cases /here the information and testimon& are given against a "erson /ho is not a "ublic official but /ho is a"rinci"al! or accom"lice! or accessor& in the commission of an& of the above-mentioned violations #rovided! further! that this immunit& ma& been2o&ed b& such informant or /itness not/ithstanding that he offered or gave the bribe or gift to the "ublic official or his accom"lice for such giftor bribe-giving8 and #rovided! finall&! that the follo/ing conditions concur

1. 'he information must refer to consummated violations of an& of the above-mentioned "rovisions of la/! rules and regulations8

. 'he information and testimon& are necessar& for the conviction of the accused "ublic officer8

3. Such information and testimon& are not &et in the "ossession of the State8

. Such information and testimon& can be corroborated on its material "oints8 and

. 'he informant or /itness has not been "reviousl& convicted of a crime involving moral tur"itude.

Se")io! =. 'he immunit& granted hereunder shall not attach should it turn out subseuentl& that the information andor testimon& is false andmalicious or made onl& for the "ur"ose of harassing! molesting or in an& /a& "re2udicing the "ublic officer denounced. 5n such a case! the "ublicofficer so denounced shall be entitled to an& action! civil or criminal! against said informant or /itness.

Se")io! 7. All "reliminar& investigations conducted b& a "rosecuting fiscal! 2udge or committee! and all "roceedings underta)en in connectionthere/ith! shall be strictl& confidential or "rivate in order to "rotect the re"utation of the official under investigation in the event that the re"ort

"roves to be unfounded or no "rima facie case is established.

Se")io! ;. All acts! decrees and rules and regulations inconsistent /ith the "rovisions of this decree are hereb& re"ealed or modifiedaccordingl&.

Se")io! >. 'his +ecree shall ta)e effect immediatel&.

REPUBLIC ACT No. ;98

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AN ACT REUIRING JUDGES OF COURTS TO SPEEDILY TRY CRIMINAL CASES HEREIN THE OFFENDED PARTY IS A PERSONABOUT TO DEPART FROM THE PHILIPPINES ITH NO DEFINITE DATE OF RETURN

Se")io! . An& "rovision of eisting la/s! eecutive order! rule or regulation to the contrar& not/ithstanding! the trial of criminal cases /hereinthe offended "art& is a "erson /ho is about to de"art from the #hili""ines /ithout a definite date of return! shall ta)e "recedence over all othercases before our courts! ece"t election and habeas cor"us cases. 'he trial in these cases shall commence /ithin three da&s from the date theaccused is arraigned and no "ost"onement of the initial hearing shall be granted ece"t on the ground of illness on the "art of the accused! orother grounds be&ond the control of the accused.

Se")io! =. 'his Act shall ta)e effect u"on its a""roval.

REPUBLIC ACT No. ?77

AN ACT REUIRING COURTS TO GIVE PREFERENCE TO CRIMINAL CASES HERE THE PARTY OR PARTIES INVOLVE AREINDIGENTS.

Se")io! . An& "rovision of eisting la/ to be contrar& not/ithstanding and /ith the ece"tion of habeas cor"us and election cases and casesinvolving detention "risoners! and "ersons covered b& Re"ublic Act Numbered @our thousand nine hundred eight! all courts shall give"reference to the hearing andor dis"osition of criminal cases /here an indigent is involved either as the offended "art& or accused. 'he trial inthese cases shall commence /ithin three da&s from date of arraignment and no "ost"onement of the hearings shall be granted ece"t on theground of illness of the accused or other similar 2ustifiable grounds. Cit& and "rovincial fiscals and courts shall forth/ith conduct the "reliminar&investigation of a criminal case involving an indigent /ithin three da&s after its filing and shall terminate the same /ithin t/o /ee)s.

Se")io! =. As used in this Act! the term 7indigent7 shall refer to a "erson /ho has no visible means of income or /hose income is insufficient forthe subsistence of his famil&! to be determined b& the fiscal or 2udge! ta)ing into account the members of his famil& de"endent u"on him for

subsistence.

Se")io! 7. An indigent /ho is the offended "art&! res"ondent or an accused in a criminal case and /ho desires to avail of the "referencegranted under this Act shall file a s/orn statement of the fact of his being indigent and the said s/orn statement shall be sufficient basis for thecourt or fiscal to give "reference to the trial and dis"osition of such criminal case.

Se")io! ;. An& /illful or malicious refusal on the "art of an& fiscal or 2udge to carr& out the "rovisions of this Act shall constitute sufficient groundfor disci"linar& action /hich ma& include sus"ension or removal.

Se")io! >. 'his Act shall ta)e effect u"on its a""roval.

PRESIDENTIAL DECREE No. 9?8 J&/ =;3 9@?

ESTABLISHING A PROBATION SYSTEM3 APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

4BRBAS! one of the ma2or goals of the government is to establish a more enlightened and humane correctional s&stems that /ill "romote thereformation of offenders and thereb& reduce the incidence of recidivism8

4BRBAS! the confinement of all offenders "risons and other institutions /ith rehabilitation "rograms constitutes an onerous drain on thefinancial resources of the countr&8 and

4BRBAS! there is a need to "rovide a less costl& alternative to the im"risonment of offenders /ho are li)el& to res"ond to individuali?ed!communit&-based treatment "rograms8

N%4! 'BRB@%RB! 5! @BR+5NAN+ B. MARC%S! #resident of the #hili""ines! b& virtue of the "o/ers vested in me b& the Constitution! dohereb& order and decree the follo/ing

Se")io! . %itle and S$oe o7 t=e De$ree. 'his +ecree shall be )no/n as the #robation Ga/ of 19:,. 5t shall a""l& to all offenders ece"t those

entitled to the benefits under the "rovisions of #residential +ecree numbered Si undred and three and similar la/s.

Se")io! =. Purose. 'his +ecree shall be inter"reted so as to

<a= "romote the correction and rehabilitation of an offender b& "roviding him /ith individuali?ed treatment8

<b= "rovide an o""ortunit& for the reformation of a "enitent offender /hich might be less "robable if he /ere to serve a "risonsentence8 and

15



<c= "revent the commission of offenses.

Se")io! 7. "eaning o7 %erms. As used in this +ecree! the follo/ing shall! unless the contet other/ise reuires! be construed thus

<a= 7#robation7 is a dis"osition under /hich a defendant! after conviction and sentence! is released sub2ect to conditions im"osed b&the court and to the su"ervision of a "robation officer.

<b= 7#robationer7 means a "erson "laced on "robation.

<c= 7#robation %fficer7 means one /ho investigates for the court a referral for "robation or su"ervises a "robationer or both.

Se")io! ;. Grant o7 Probation. Sub2ect to the "rovisions of this +ecree! the court ma&! after it shall have convicted and sentenced a defendantand u"on a""lication at an& time of said defendant! sus"end the eecution of said sentence and "lace the defendant on "robation for such"eriod and u"on such terms and conditions as it ma& deem best.

#robation ma& be granted /hether the sentence im"oses a term of im"risonment or a fine onl&. An a""lication for "robation shall be filed /iththe trial court! /ith notice to the a""ellate court if an a""eal has been ta)en from the sentence of conviction. 'he filing of the a""lication shall bedeemed a /aver of the right to a""eal! or the automatic /ithdra/al of a "ending a""eal.

An order granting or den&ing "robation shall not be a""ealable.

Se")io! >. Post-senten$e nvestigation. No "erson shall be "laced on "robation ece"t u"on "rior investigation b& the "robation officer and adetermination b& the court that the ends of 2ustice and the best interest of the "ublic as /ell as that of the defendant /ill be served thereb&.

Se")io! ?. orm o7 nvestigation *eort. 'he investigation re"ort to be submitted b& the "robation officer under Section hereof shall be in theform "rescribed b& the #robation Administrator and a""roved b& the Secretar& of (ustice.

Se")io! @. Period 7or Submission o7 nvestigation *eort. 'he "robation officer shall submit to the court the investigation re"ort on a defendantnot later than sit& da&s from recei"t of the order of said court to conduct the investigation. 'he court shall resolve the "etition for "robation notlater than five da&s after recei"t of said re"ort.

#ending submission of the investigation re"ort and the resolution of the "etition! the defendant ma& be allo/ed on tem"orar& libert& under hisbail filed in the criminal case8 #rovided! 'hat! in case /here no bail /as filed or that the defendant is inca"able of filing one! the court ma& allo/the release of the defendant on recogni?e the custod& of a res"onsible member of the communit& /ho shall guarantee his a""earance/henever reuired b& the court.

Se")io! 8. Criteria 7or Pla$ing an +77ender on Probation. 5n determining /hether an offender ma& be "laced on "robation! the court shallconsider all information relative! to the character! antecedents! environment! mental and "h&sical condition of the offender! and available

institutional and communit& resources. #robation shall be denied if the court finds that

<a= the offender is in need of correctional treatment that can be "rovided most effectivel& b& his commitment to an institution8 or

<b= there is undue ris) that during the "eriod of "robation the offender /ill commit another crime8 or

<c= "robation /ill de"reciate the seriousness of the offense committed.

Se")io! 9. Disuali7ied +77enders. 'he benefits of this +ecree shall not be etended to those

<a= sentenced to serve a maimum term of im"risonment of more than si &ears8

<b= convicted of an& offense against the securit& of the State8

<c= /ho have "reviousl& been convicted b& final 2udgment of an offense "unished b& im"risonment of not less than one month and oneda& andor a fine of not less than '/o undred #esos8

<d= /ho have been once on "robation under the "rovisions of this +ecree8 and

<e= /ho are alread& serving sentence at the time the substantive "rovisions of this +ecree became a""licable "ursuant to Section 33hereof.

Se")io! . Conditions o7 Probation. Bver& "robation order issued b& the court shall contain conditions reuiring that the "robationer shall

16



<a= "resent himself to the "robation officer designated to underta)e his su"ervision at such "lace as ma& be s"ecified in the order/ithin sevent&-t/o hours from recei"t of said order8

<b= re"ort to the "robation officer at least once a month at such time and "lace as s"ecified b& said officer.

'he court ma& also reuire the "robationer to

<a= coo"erate /ith a "rogram of su"ervision8

<b= meet his famil& res"onsibilities8

<c= devote himself to a s"ecific em"lo&ment and not to change said em"lo&ment /ithout the "rior /ritten a""roval of the "robationofficer8

<d= undergo medical! "s&chological or "s&chiatric eamination and treatment and enter and remain in a s"ecified institution! /henreuired for that "ur"ose8

<e= "ursue a "rescribed secular stud& or vocational training8

<f= attend or reside in a facilit& established for instruction! recreation or residence of "ersons on "robation8

<g= refrain from visiting houses of ill-re"ute8

<h= abstain from drin)ing intoicating beverages to ecess8

<i= "ermit to "robation officer or an authori?ed social /or)er to visit his home and "lace or /or)8

<2= reside at "remises a""roved b& it and not to change his residence /ithout its "rior /ritten a""roval8 or

<)= satisf& an& other condition related to the rehabilitation of the defendant and not undul& restrictive of his libert& or incom"atible /ithhis freedom of conscience.

Se")io! . 77e$tivit< o7 Probation +rder. A "robation order shall ta)e effect u"on its issuance! at /hich time the court shall inform the offenderof the conseuences thereof and e"lain that u"on his failure to com"l& /ith an& of the conditions "rescribed in the said order or his commissionof another offense! he shall serve the "enalt& im"osed for the offense under /hich he /as "laced on "robation.

Se")io! =. "odi7i$ation o7 Condition o7 Probation. +uring the "eriod of "robation! the court ma&! u"on a""lication of either the "robationer or

the "robation officer! revise or modif& the conditions or "eriod of "robation. 'he court shall notif& either the "robationer or the "robation officer ofthe filing such an a""lication so as to give both "arties an o""ortunit& to be heard thereon.

'he court shall inform in /riting the "robation officer and the "robationer of an& change in the "eriod or conditions of "robation.

Se")io! 7. Control and Suervision o7 Probationer. 'he "robationer and his "robation "rogram shall be under the control of the court /ho"laced him on "robation sub2ect to actual su"ervision and visitation b& a "robation officer.

4henever a "robationer is "ermitted to reside in a "lace under the 2urisdiction of another court! control over him shall be transferred to theBecutive (udge of the Court of @irst 5nstance of that "lace! and in such a case! a co"& of the "robation order! the investigation re"ort and other"ertinent records shall be furnished said Becutive (udge. 'hereafter! the Becutive (udge to /hom 2urisdiction over the "robationer istransferred shall have the "o/er /ith res"ect to him that /as "reviousl& "ossessed b& the court /hich granted the "robation.

Se")io! ;. Period o7 Probation.

<a= 'he "eriod of "robation of a defendant sentenced to a term of im"risonment of not more than one &ear shall not eceed t/o &ears!and in all other cases! said "eriod shall not eceed si &ears.

<b= 4hen the sentence im"oses a fine onl& and the offender is made to serve subsidiar& im"risonment in case of insolvenc&! the"eriod of "robation shall not be less than nor to be more than t/ice the total number of da&s of subsidiar& im"risonment as com"utedat the rate established! in Article thirt&-nine of the Revised #enal Code! as amended.

Se")io! >. !rrest o7 Probationer& Subseuent Disosition. At an& time during "robation! the court ma& issue a /arrant for the arrest of a"robationer for violation of an& of the conditions of "robation. 'he "robationer! once arrested and detained! shall immediatel& be brought before

17



the court for a hearing! /hich ma& be informal and summar&! of the violation charged. 'he defendant ma& be admitted to bail "ending suchhearing. 5n such a case! the "rovisions regarding release on bail of "ersons charged /ith a crime shall be a""licable to "robationers arrestedunder this "rovision. 5f the violation is established! the court ma& revo)e or continue his "robation and modif& the conditions thereof. 5f revo)ed!the court shall order the "robationer to serve the sentence originall& im"osed. An order revo)ing the grant of "robation or modif&ing the termsand conditions thereof shall not be a""ealable.

Se")io! ?. %ermination o7 Probation. After the "eriod of "robation and u"on consideration of the re"ort and recommendation of the "robationofficer! the court ma& order the final discharge of the "robationer u"on finding that he has fulfilled the terms and conditions of his "robation andthereu"on the case is deemed terminated.

'he final discharge of the "robationer shall o"erate to restore to him all civil rights lost or sus"end as a result of his conviction and to full&discharge his liabilit& for an& fine im"osed as to the offense for /hich "robation /as granted.

'he "robationer and the "robation officer shall each be furnished /ith a co"& of such order.

Se")io! @. Con7identialit< o7 *e$ords. 'he investigation re"ort and the su"ervision histor& of a "robationer obtained under this +ecree shall be"rivileged and shall not be disclosed directl& or indirectl& to an&one other than the #robation Administration or the court concerned! ece"t thatthe court! in its discretion! ma& "ermit the "robationer of his attorne& to ins"ect the aforementioned documents or "arts thereof /henever thebest interest of the "robationer ma)e such disclosure desirable or hel"ful #rovided! @urther! 'hat! an& government office or agenc& engaged inthe correction or rehabilitation of offenders ma&! if necessar&! obtain co"ies of said documents for its official use from the "ro"er court or the

Administration.

Se")io! 8. %=e Probation !dministration. 'here is hereb& created under the +e"artment of (ustice an agenc& to be )no/n as the #robation Administration herein referred to as the Administration! /hich shall eercise general su"ervision over all "robationers.

'he Administration shall have such staff! o"erating units and "ersonnel as ma& be necessar& for the "ro"er eecution of its functions.

Se")io! 9. Probation !dministration. 'he Administration shall be headed b& the #robation Administrator! hereinafter referred to as the Administrator! /ho shall be a""ointed b& the #resident of the #hili""ines. e shall hold office during good behavior and shall not be removedece"t for cause.

'he Administrator shall receive an annual salar& of at least fort& thousand "esos. is "o/ers and duties shall be to

<a= act as the eecutive officer of the Administration8

<b= eercise su"ervision and control over all "robation officers8

<c= ma)e annual re"orts to the Secretar& of (ustice! in such form as the latter ma& "rescribe! concerning the o"eration! administrationand im"rovement of the "robation s&stem8

<d= "romulgate! sub2ect to the a""roval of the Secretar& of (ustice! the necessar& rules relative to the methods and "rocedures of the"robation "rocess8

<e= recommend to the Secretar& of (ustice the a""ointment of the subordinate "ersonnel of his Administration and other officesestablished in this +ecree8 and

<f= generall&! "erform such duties and eercise such "o/ers as ma& be necessar& or incidental to achieve the ob2ectives of this+ecree.

Se")io! =. !ssistant Probation !dministrator. 'here shall be an Assistant #robation Administrator /ho shall assist the Administrator "erformsuch duties as ma& be assigned to him b& the latter and as ma& be "rovided b& la/. 5n the absence of the Administrator! he shall act as head ofthe Administration.

e shall be a""ointed b& the #resident of the #hili""ines and shall receive an annual salar& of at least thirt&-si thousand "esos.

Se")io! =. Quali7i$ations o7 t=e !dministrator and !ssistant Probation !dministrator. 'o be eligible for A""ointment as Administrator or Assistant #robation Administrator! a "erson must be at least thirt&-five &ears of age! holder of a masters degree or its euivalent in eithercriminolog&! social /or)! corrections! "enolog&! "s&cholog&! sociolog&! "ublic administration! la/! "olice science! "olice administration! or relatedfields! and should have at least five &ears of su"ervisor& e"erience! or be a member of the #hili""ine 6ar /ith at least seven &ears ofsu"ervisor& e"erience.

Se")io! ==. *egional +77i$e& *egional Probation +77i$er. 'he Administration shall have regional offices organi?ed in accordance /ith the fieldservice area "atterns established under the 5ntegrated Reorgani?ation #lan.

18



Such regional offices shall be headed b& a Regional #robation %fficer /ho shall be a""ointed b& #resident of the #hili""ines in accordance /iththe 5ntegrated Reorgani?ation #lan and u"on the recommendation of the Secretar& of (ustice.

'he Regional #robation %fficer shall eercise su"ervision and control over all "robation officer /ithin his 2urisdiction and such duties as ma&assigned to him b& the Administrator. e shall have an annual salar& of at least t/ent&-four thousand "esos.

e shall! /henever necessar&! be assisted b& an Assistant Regional #robation %fficer /ho shall also be a""ointed b& the #resident of the#hili""ines! u"on recommendation of the Secretar& of (ustice! /ith an annual salar& of at least t/ent& thousand "esos.

Se")io! =7. Provin$ial and Cit< Probation +77i$ers. 'here shall be at least one "robation officer in each "rovince and cit& /ho shall be a""ointed

b& the Secretar& of (ustice u"on recommendation of the Administrator and in accordance /ith civil service la/ and rules.

'he #rovincial or Cit& #robation %fficer shall receive an annual salar& of at least eighteen thousand four hundred "esos.

is duties shall be to

<a= investigate all "ersons referred to him for investigation b& the "ro"er court or the Administrator8

<b= instruct all "robationers under his su"ervision of that of the "robation aide on the terms and conditions of their "robations8

<c= )ee" himself informed of the conduct and condition of "robationers under his charge and use all suitable methods to bring aboutan im"rovement in their conduct and conditions8

<d= maintain a detailed record of his /or) and submit such /ritten re"orts as ma& be reuired b& the Administration or the court having 2urisdiction over the "robationer under his su"ervision8

<e= "re"are a list of ualified residents of the "rovince or cit& /here he is assigned /ho are /illing to act as "robation aides8

<f= su"ervise the training of "robation aides and oversee the latters su"ervision of "robationers8

<g= eercise su"ervision and control over all field assistants! "robation aides and other "ersonnel8 and

<h= "erform such duties as ma& be assigned b& the court or the Administration.

Se")io! =;. Miscellaneous #o/ers of #rovincial and Cit& #robation %fficers. #rovincial or Cit& #robation %fficers shall have the authorit& /ithintheir territorial 2urisdiction to administer oaths and ac)no/ledgments and to ta)e de"ositions in connection /ith their duties and functions underthis +ecree. 'he& shall also have! /ith res"ect to "robationers under their care! the "o/ers of "olice officer.

Se")io! =>. Hualifications of Regional! Assistant Regional! #rovincial! and Cit& #robation %fficers. No "erson shall be a""ointed Regional or Assistant Regional or #rovincial or Cit& #robation %fficer unless he "ossesses at least a bachelors degree /ith a ma2or in social /or)!sociolog&! "s&cholog&! criminolog&! "enolog&! corrections! "olice science! administration! or related fields and has at least three &ears ofe"erience in /or) reuiring an& of the abovementioned disci"lines! or is a member of the #hili""ine 6ar /ith at least three &ears of su"ervisor&e"erience.

4henever "racticable! the #rovincial or Cit& #robation %fficer shall be a""ointed from among ualified residents of the "rovince or cit& /here he/ill be assigned to /or).

Se")io! =?. +rganization. 4ithin t/elve months from the a""roval of this +ecree! the Secretar& of (ustice shall organi?e the administrativestructure of the Administration and the other agencies created herein. +uring said "eriod! he shall also determine the staffing "atterns of theregional! "rovincial and cit& "robation offices /ith the end in vie/ of achieving maimum efficienc& and econom& in the o"erations of the"robation s&stem.

Se")io! =@. @ield Assistants! Subordinate #ersonnel! #rovincial or Cit& #robation %fficers shall be assisted b& such field assistants andsubordinate "ersonnel as ma& be necessar& to enable them to carr& out their duties effectivel&.

Se")io! =8. Probation !ides. 'o assist the #rovincial or Cit& #robation %fficers in the su"ervision of "robationers! the #robation Administratorma& a""oint citi?ens of good re"ute and "robit& to act as "robation aides.

#robation Aides shall not receive an& regular com"ensation for services ece"t for reasonable travel allo/ance. 'he& shall hold office for such"eriod as ma& be determined b& the #robation Administrator. 'heir ualifications and maimum case loads shall be "rovided in the rules"romulgated "ursuant to this +ecree.

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Se")io! =9. Violation o7 Con7idential 0ature o7 Probation *e$ords. 'he "enalt& of im"risonment ranging from si months and one da& to si&ears and a fine ranging from hundred to si thousand "esos shall be im"osed u"on an& "erson /ho violates Section 1: hereof.

Se")io! 7. !roriations. 'here is hereb& authori?ed the a""ro"riation of the sum of Si Million @ive undred 'housand #esos or so much asma& be necessar&! out of an& funds in the National 'reasur& not other/ise a""ro"riated! to carr& out the "ur"oses of this +ecree. 'hereafter! theamount of at least 'en Million @ive undred 'housand #esos or so much as ma& be necessar& shall be included in the annual a""ro"riations ofthe national government.

Se")io! 7. *eealing Clause. All "rovisions of eisting la/s! orders and regulations contrar& to or inconsistent /ith this +ecree are hereb&re"ealed or modified accordingl&.

Se")io! 7=. Searabilit< o7 Provisions. 5f an& "art! section or "rovision of this +ecree shall be held invalid or unconstitutional! no other "arts!sections or "rovisions hereof shall be affected thereb&.

Se")io! 77. 77e$tivit<. 'his +ecree shall ta)e effect u"on its a""roval #rovided! o/ever! 'hat! the a""lication of its substantive "rovisionsconcerning the grant of "robation shall onl& ta)e effect t/elve months after the certification b& the Secretar& of (ustice to the Chief (ustice of theSu"reme Court that the administrative structure of the #robation Administration and of the other agencies has been organi?ed.

+%NB in the Cit& of Manila! this th da& of (ul& in the &ear of %ur Gord! nineteen hundred and sevent&-si.

ADMINISTRATIVE CIRCULAR NO. @-A-9= J!e =3 997

TO: 'B RB$5%NAG 'R5AG C%*R'S! SAR5A +5S'R5C' C%*R'S! MB'R%#%G5'AN 'R5AG C%*R'S! M*N5C5#AG'R5AG C%*R'S 5N C5'5BS! M*N5C5#AG 'R5AG C%*R'S! M*N5C5#AG C5RC*5' 'R5AG C%*R'S! AN+ SAR5A C5RC*5'

C%*R'S

SUBJECT: $*5+BG5NBS 5N 'B ARC5I5N$ %@ CASBS

Administrative Circular No. :-9! dated %ctober 1! 199! is hereb& amended to read as follo/s

'he attention of the Court has been called to the lac) of uniformit& in the "olicies ado"ted b& the individual 2udges /ith res"ect to the archivingcases. 'here are li)e/ise re"orts of indiscriminate archiving of cases /ithout a""arent 2ustifiable reason. 'he follo/ing guidelines are thereforeestablished in the archiving of cases

I. CRIMINAL CASES

a= A criminal case ma& be archived onl& if after the issuance of the /arrant of arrest! the accused remains at large for si <,= months from thedeliver& of the /arrant to the "ro"er "eace officer. An order archiving the case shall reuire the "eace officer to e"lain /h& the accused /as not

a""rehended. 'he court shall issue an alias if the original /arrant of arrest is returned b& the "eace officer together /ith the re"ort.

b= 'he court! motu rorio or u"on motion of an& "art&! ma& li)e/ise archive a criminal case /hen "roceedings therein are ordered sus"endedfor an indefinite "eriod because

1= the accused a""ears to be suffering from an unsound mental condition /hich effectivel& renders him unable to full&understand the charge against him and to "lead intelligentl&! or to undergo trial! and he has to be committed to a mentalhos"ital8

= a valid "re2udicial uestion in a civil action is invo)ed during the "endenc& of the criminal case unless the civil and thecriminal cases are consolidated8

3= an interlocutor& order or incident in the criminal case is elevated to! and is "ending resolutiondecision for an indefinite"eriod before a higher court /hich has issued a tem"orar& restraining order or /rit of "reliminar& in2unction8 and

= /hen the accused has 2um"ed bail before arraignment and cannot be arrested b& his bondsmen.

II. CIVIL CASES

5n civil cases! the court ma& motu rorio or u"on motion! order that a civil case be archived onl& in the follo/ing instances

a= 4hen the "arties are in the "rocess of settlement! in /hich case the "roceedings ma& be sus"ended and the casearchived for a "eriod not eceeding ninet& <90= da&s. 'he case shall be included in the trial calendar on the da& immediatel&follo/ing the la"se of the sus"ension "eriod.

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b= 4hen an interlocutor& order or incident in the civil case is elevated to! and is "ending resolutiondecision for an indefinite"eriod before a higher court /hich has issued a tem"orar& restraining order or /rit of "reliminar& in2unction.

c= 4hen defendant! /ithout fault or neglect of "laintiff! cannot be served /ith summons /ithin si <,= months from issuanceof original summons.

GENERAL PROVISIONS

a= Co"ies of the %rder archiving the case shall be furnished the "arties.

b= A s"ecial doc)et shall be maintained to record the cases both criminal and civil that have been archived.

c= A "eriodic revie/ of the archived cases shall be made b& the #residing (udge.

d= 'he #residing (udge shall! motu roio or u"on motion b& an& "art&! order the reinstatementrevival of an archived caseand its /ithdra/al from the archives /henever the same is read& for trial or further "roceedings.

e= 'he 6ranch Cler) of Court shall submit to the %ffice of the Court Administrator a consolidated list of archived cases notlater than the first /ee) of (anuar& of ever& &ear.

Strict com"liance /ith this Administrative Circular is hereb& en2oined.

Re*'&i" A") No. 9=8> A*+i& =3 =;

AN ACT TO INSTITUTIONALIE THE USE OF AN ALTERNATIVE DISPUTE RESOLUTION SYSTEM IN THE PHILIPPINES AND TOESTABLISH THE OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION3 AND FOR OTHER PURPOSES

4e it ena$ted b< t=e Senate and 6ouse o7 *eresentatives o7 t=e P=iliines in Congress assembled

CHAPTER - GENERAL PROVISIONS

SECTION . Title. - 'his act shall be )no/n as the 7Alternative +is"ute Resolution Act of 00.7

SEC. =. )eclaration of Policy . - it is hereb& declared the "olic& of the State to activel& "romote "art& autonom& in the resolution of dis"utes orthe freedom of the "art& to ma)e their o/n arrangements to resolve their dis"utes. 'o/ards this end! the State shall encourage and activel&"romote the use of Alternative +is"ute Resolution <A+R= as an im"ortant means to achieve s"eed& and im"artial 2ustice and declog courtdoc)ets. As such! the State shall "rovide means for the use of A+R as an efficient tool and an alternative "rocedure for the resolution of

a""ro"riate cases. Gi)e/ise! the State shall enlist active "rivate sector "artici"ation in the settlement of dis"utes through A+R. 'his Act shall be/ithout "re2udice to the ado"tion b& the Su"reme Court of an& A+R s&stem! such as mediation! conciliation! arbitration! or an& combinationthereof as a means of achieving s"eed& and efficient means of resolving cases "ending before all courts in the #hili""ines /hich shall begoverned b& such rules as the Su"reme Court ma& a""rove from time to time.

SEC. 7. )efinition of Terms. - @or "ur"oses of this Act! the term

<a= 7Alternative +is"ute Resolution S&stem7 means an& "rocess or "rocedure used to resolve a dis"ute or controvers&! other than b&ad2udication of a "residing 2udge of a court or an officer of a government agenc&! as defined in this Act! in /hich a neutral third "art&"artici"ates to assist in the resolution of issues! /hich includes arbitration! mediation! conciliation! earl& neutral evaluation! mini-trial!or an& combination thereof8

<b= 7A+R #rovider7 means institutions or "ersons accredited as mediator! conciliator! arbitrator! neutral evaluator! or an& "ersoneercising similar functions in an& Alternative +is"ute Resolution s&stem. 'his is /ithout "re2udice to the rights of the "arties to choosenonaccredited individuals to act as mediator! conciliator! arbitrator! or neutral evaluator of their dis"ute.

4henever reffered to in this Act! the term 7A+R "ractitioners7 shall refer to individuals acting as mediator! conciliator! arbitrator orneutral evaluator8

<c= 7Authenticate7 means to sign! eecute or ado"t a s&mbol! or encr&"t a record in /hole or in "art! intended to identit& theauthenticating "art& and to ado"t! acce"t or establish the authenticit& of a record or term8

<d= 7Arbitration7 means a voluntar& dis"ute resolution "rocess in /hich one or more arbitrators! a""ointed in accordance /ith theagreement of the "arties! or rules "romulgated "ursuant to this Act! resolve a dis"ute b& rendering an a/ard8

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<e= 7Arbitrator7 means the "erson a""ointed to render an a/ard! alone or /ith others! in a dis"ute that is the sub2ect of an arbitrationagreement8

<f= 7A/ard7 means an& "artial or final decision b& an arbitrator in resolving the issue in a controvers&8

<g= 7Commercial Arbitration7 An arbitration is 7commercial if it covers matter arising from all relationshi"s of a commercial nature!/hether contractual or not8

<h= 7Confidential information7 means an& information! relative to the sub2ect of mediation or arbitration! e"ressl& intended b& thesource not to be disclosed! or obtained under circumstances that /ould create a reasonable e"ectation on behalf of the source that

the information shall not be disclosed. 5t shall include <1= communication! oral or /ritten! made in a dis"ute resolution "roceedings!including an& memoranda! notes or /or) "roduct of the neutral "art& or non-"art& "artici"ant! as defined in this Act8 <= an oral or/ritten statement made or /hich occurs during mediation or for "ur"oses of considering! conducting! "artici"ating! initiating!continuing of reconvening mediation or retaining a mediator8 and <3= "leadings! motions manifestations! /itness statements! re"ortsfiled or submitted in an arbitration or for e"ert evaluation8

<i= 7Convention A/ard7 means a foreign arbitral a/ard made in a Convention State8

<2= 7Convention State7 means a State that is a member of the Ne/ Jor) Convention8

<)= 7Court7 as referred to in Article , of the Model Ga/ shall mean a Regional 'rial Court8

<l= 7Court-Anneed Mediation7 means an& mediation "rocess conducted under the aus"ices of the court! after such court has acuired 2urisdiction of the dis"ute8

<m= 7Court-Referred Mediation7 means mediation ordered b& a court to be conducted in accordance /ith the Agreement of the #arties/hen as action is "rematurel& commenced in violation of such agreement8

<n= 7Barl& Neutral Bvaluation7 means an A+R "rocess /herein "arties and their la/&ers are brought together earl& in a "re-trial "haseto "resent summaries of their cases and receive a nonbinding assessment b& an e"erienced! neutral "erson! /ith e"ertise in thesub2ect in the substance of the dis"ute8

<o= 7$overnment Agenc&7 means an& government entit&! office or officer! other than a court! that is vested b& la/ /ith uasi-2udicial"o/er to resolve or ad2udicate dis"ute involving the government! its agencies and instrumentalities! or "rivate "ersons8

<"= 75nternational #art&7 shall mean an entit& /hose "lace of business is outside the #hili""ines. 5t shall not include a domesticsubsidiar& of such international "art& or a coventurer in a 2oint venture /ith a "art& /hich has its "lace of business in the #hili""ines.

'he term foreigner arbitrator shall mean a "erson /ho is not a national of the #hili""ines.

<= 7Mediation7 means a voluntar& "rocess in /hich a mediator! selected b& the dis"uting "arties! facilitates communication andnegotiation! and assist the "arties in reaching a voluntar& agreement regarding a dis"ute.

<r= 7Mediator7 means a "erson /ho conducts mediation8

<s= 7Mediation #art&7 means a "erson /ho "artici"ates in a mediation and /hose consent is necessar& to resolve the dis"ute8

<t= 7Mediation-Arbitration7 or Med-Arb is a ste" dis"ute resolution "rocess involving both mediation and arbitration8

<u= 7Mini-'rial7 means a structured dis"ute resolution method in /hich the merits of a case are argued before a "anel com"risingsenior decision ma)ers /ith or /ithout the "resence of a neutral third "erson after /hich the "arties see) a negotiated settlement8

<v= 7Model Ga/7 means the Model Ga/ on 5nternational Commercial Arbitration ado"ted b& the *nited Nations Commission on5nternational 'rade Ga/ on 1 (une 19;8

</= 7Ne/ Jor) Convention7 means the *nited Nations Convention on the Recognition and Bnforcement of @oreign Arbitral A/ardsa""roved in 19; and ratified b& the #hili""ine Senate under Senate Resolution No. :18

<= 7Non-Convention A/ard7 means a foreign arbitral a/ard made in a State /hich is not a Convention State8

<&= 7Non-Convention State7 means a State that is not a member of the Ne/ Jor) Convention.

22



<?= 7Non-#art& #artici"ant7 means a "erson! other than a "art& or mediator! /ho "artici"ates in a mediation "roceeding as a /itness!resource "erson or e"ert8

<aa= 7#roceeding7 means a 2udicial! administrative! or other ad2udicative "rocess! including related "re-hearing motions! conferencesand discover&8

<bb= 7Record7 means an information /ritten on a tangible medium or stored in an electronic or other similar medium! retrievable form8and

<cc= 7Roster7 means a list of "ersons ualified to "rovide A+R services as neutrals or to serve as arbitrators.

SEC. ;. #lectronic Signat%res in &lo'al and #-Commerce Act . - 'he "rovisions of the Blectronic Signatures in $lobal and B-Commerce Act!and its im"lementing Rules and Regulations shall a""l& to "roceeding contem"lated in this Act.

SEC. >. Lia'ility of A), Pro.ider and Practitioner . - 'he A+R "roviders and "ractitioners shall have the same civil liabilit& for the Acts done inthe "erformance of then duties as that of "ublic officers as "rovided in Section 3; <1=! Cha"ter 9! 6oo) of the Administrative Code of 19;:.

SEC. ?. #$ception to t+e Application of t+is Act . - 'he "rovisions of this Act shall not a""l& to resolution or settlement of the follo/ing <a=labor dis"utes covered b& #residential +ecree No. ! other/ise )no/n as the Gabor Code of the #hili""ines! as amended and its5m"lementing Rules and Regulations8 <b= the civil status of "ersons8 <c= the validit& of a marriage8 <d= an& ground for legal se"aration8 <e= the

2urisdiction of courts8 <f= future legitime8 <g= criminal liabilit&8 and <h= those /hich b& la/ cannot be com"romised.

CHAPTER = - MEDIATION

SEC. @. Scope. - 'he "rovisions of this Cha"ter shall cover voluntar& mediation! /hether ad hoc or institutional! other than court-anneed. 'heterm 7mediation shall include conciliation.

SEC. 8. Application and "nterpretation. - 5n a""l&ing construing the "rovisions of this Cha"ter! consideration must be given to the need to"romote candor or "arties and mediators through confidentialit& of the mediation "rocess! the "olic& of fostering "rom"t! economical! andamicable resolution of dis"utes in accordance /ith the "rinci"les of integrit& of determination b& the "arties! and the "olic& that the decision-ma)ing authorit& in the mediation "rocess rests /ith the "arties.

SEC. 9. Confidentiality of "nformation. - 5nformation obtained through mediation "roceedings shall be sub2ect to the follo/ing "rinci"les andguidelines

<a= 5nformation obtained through mediation shall be "rivileged and confidential.

<b= A "art&! a mediator! or a non"art& "artici"ant ma& refuse to disclose and ma& "revent an& other "erson from disclosing a mediation

communication.

<c= Confidential 5nformation shall not be sub2ect to discover& and shall be inadmissible if an& adversarial "roceeding! /hether 2udicialor uasi-2udicial! o/ever! evidence or information that is other/ise admissible or sub2ect to discover& does not become inadmissibleor "rotected from discover& solel& b& reason of its use in a mediation.

<d= 5n such an adversarial "roceeding! the follo/ing "ersons involved or "reviousl& involved in a mediation ma& not be com"elled todisclose confidential information obtained during mediation <1= the "arties to the dis"ute8 <= the mediator or mediators8 <3= thecounsel for the "arties8 <= the non"art& "artici"ants8 <= an& "ersons hired or engaged in connection /ith the mediation as secretar&!stenogra"her! cler) or assistant8 and <,= an& other "erson /ho obtains or "ossesses confidential information b& reason of hisher"rofession.

<e= 'he "rotections of this Act shall continue to a""l& even of a mediator is found to have failed to act im"artiall&.

<f= a mediator ma& not be called to testif& to "rovide information gathered in mediation. A mediator /ho is /rongfull& sub"oenaed shall

be reimbursed the full cost of his attorne&s fees and related e"enses.

SEC. . *ai.er of Confidentiality . - A "rivilege arising from the confidentialit& of information ma& be /aived in a record! or orall& during a"roceeding b& the mediator and the mediation "arties.

A "rivilege arising from the confidentialit& of information ma& li)e/ise be /aived b& a non"art& "artici"ant if the information is "rovided b& suchnon"art& "artici"ant.

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A "erson /ho discloses confidential information shall be "recluded from asserting the "rivilege under Section 9 of this Cha"ter to bar disclosureof the rest of the information necessar& to a com"lete understanding of the "reviousl& disclosed information. 5f a "erson suffers loss or damagesin a 2udicial "roceeding against the "erson /ho made the disclosure.

A "erson /ho discloses or ma)es a re"resentation about a mediation is "reclude from asserting the "rivilege under Section 9! to the etent thatthe communication "re2udices another "erson in the "roceeding and it is necessar& for the "erson "re2udiced to res"ond to the re"resentation of disclosure.

SEC. . #$ceptions to Pri.ilege. -

<a= 'here is no "rivilege against disclosure under Section 9 if mediation communication is

<1= in an agreement evidenced b& a record authenticated b& all "arties to the agreement8

<= available to the "ublic or that is made during a session of a mediation /hich is o"en! or is reuired b& la/ to be o"en! tothe "ublic8

<3= a threat or statement of a "lan to inflict bodil& in2ur& or commit a crime of violence8

<= internationall& used to "lan a crime! attem"t to commit! or commit a crime! or conceal an ongoing crime or criminalactivit&8

<= sought or offered to "rove or dis"rove abuse! neglect! abandonment! or e"loitation in a "roceeding in /hich a "ublicagenc& is "rotecting the interest of an individual "rotected b& la/8 but this ece"tion does not a""l& /here a child "rotection

matter is referred to mediation b& a court or a "ublic agenc& "artici"ates in the child "rotection mediation8

<,= sought or offered to "rove or dis"rove a claim or com"laint of "rofessional misconduct or mal"ractice filed againstmediator in a "roceeding8 or

<:= sought or offered to "rove or dis"rove a claim of com"laint of "rofessional misconduct of mal"ractice filed against a"art&! non"art& "artici"ant! or re"resentative of a "art& based on conduct occurring during a mediation.

<b= 'here is no "rivilege under Section 9 if a court or administrative agenc&! finds! after a hearing in camera! that the "art& see)ingdiscover& of the "ro"onent of the evidence has sho/n that the evidence is not other/ise available! that there is a need for theevidence that substantiall& out/eighs the interest in "rotecting confidentialit&! and the mediation communication is sought or offered in

<1= a court "roceeding involving a crime or felon&8 or

<= a "roceeding to "rove a claim or defense that under the la/ is sufficient to reform or avoid a liabilit& on a contract arisingout of the mediation.

<c= A mediator ma& not be com"elled to "rovide evidence of a mediation communication or testif& in such "roceeding.

<d= 5f a mediation communication is not "rivileged under an ece"tion in subsection <a= or <b=! onl& the "ortion of the communicationnecessar& for the a""lication of the ece"tion for nondisclosure ma& be admitted. 'he admission of "articular evidence for the limited"ur"ose of an ece"tion does not render that evidence! or an& other mediation communication! admissible for an& other "ur"ose.

SEC. =. Pro+i'ited Mediator ,eports. - A mediator ma& not ma)e a re"ort! assessment! evaluation! recommendation! finding! or othercommunication regarding a mediation to a court or agenc& or other authorit& that ma)e a ruling on a dis"ute that is the sub2ect of a mediation!ece"t

<a= 4here the mediation occurred or has terminated! or /here a settlement /as reached.

<b= As "ermitted to be disclosed under Section 13 of this Cha"ter.

SEC. 7. Mediator(s )isclos%re and Conflict of "nterest . - 'he mediation shall be guided b& the follo/ing o"erative "rinci"les

<a= 6efore acce"ting a mediation! an individual /ho is reuested to serve as a mediator shall

<1= ma)e an inuir& that is reasonable under the circumstances to determinate /hether there are an& )no/n facts that areasonable individual /ould consider li)el& to affect the im"artialit& of the mediator! including a financial or "ersonal interest

24



in the outcome of the mediation and an& eisting or "ast relationshi" /ith a "art& or foreseeable "artici"ant in the mediation8and

<= disclosure to the mediation "arties an& such fact )no/n or learned as soon as is "ractical before acce"ting a mediation.

<b= 5f a mediation learns an& fact described in "aragra"h <a= <1= of this section after acce"ting a mediation! the mediator shall discloseit as soon as "racticable.

At the reuest of a mediation "art&! an individual /ho is reuested to serve as mediator shall disclose hisher ualifications to mediate a dis"ute.

'his Act does not reuire that a mediator shall have s"ecial ualifications b& bac)ground or "rofession unless the s"ecial ualifications of amediator are reuired in the mediation agreement or b& the mediation "arties.

SEC. ;. Participation in Mediation. - Bce"t as other/ise "rovided in this Act! a "art& ma& designate a la/&er or an& other "erson to "rovideassistance in the mediation. A la/&er of this right shall be made in /riting b& the "art& /aiving it. A /aiver of "artici"ation or legal re"resentationma& be rescinded at an& time.

SEC. >. Place of Mediation. - 'he "arties are free to agree on the "lace of mediation. @ailing such agreement! the "lace of mediation shall bean& "lace convenient and a""ro"riate to all "arties.

SEC. ?. #ffect of Agreement to S%'mit )isp%te to Mediation nder "nstit%tional ,%les. - An agreement to submit a dis"ute to mediationb& an& institution shall include an agreement to be bound b& the internal mediation and administrative "olicies of such institution. @urther! anagreement to submit a dis"ute to mediation under international mediation rule shall be deemed to include an agreement to have such rulesgovern the mediation of the dis"ute and for the mediator! the "arties! their res"ective counsel! and non"art& "artici"ants to abide b& such rules.

5n case of conflict bet/een the institutional mediation rules and the "rovisions of this Act! the latter shall "revail.

SEC. @. #nforcement of Mediated Settlement Agreement . - 'he mediation shall be guided b& the follo/ing o"erative "rinci"les

<a= A settlement agreement follo/ing successful mediation shall be "re"ared b& the "arties /ith the assistance of their res"ectivecounsel! if an&! and b& the mediator.

'he "arties and their res"ective counsels shall endeavor to ma)e the terms and condition thereof com"lete and ma)e adeuate"rovisions for the contingenc& of breach to avoid conflicting inter"retations of the agreement.

<b= 'he "arties and their res"ective counsels! if an&! shall sign the settlement agreement. 'he mediator shall certif& that heshee"lained the contents of the settlement agreement to the "arties in a language )no/n to them.

<c= 5f the "arties so desire! the& ma& de"osit such settlement agreement /ith the a""ro"riate Cler) of a Regional 'rial Court of the"lace /here one of the "arties resides. 4here there is a need to enforce the settlement agreement! a "etition ma& be filed b& an& ofthe "arties /ith the same court! in /hich case! the court shall "roceed summaril& to hear the "etition! in accordance /ith such rules of"rocedure as ma& be "romulgated b& the Su"reme Court.

<d= 'he "arties ma& agree in the settlement agreement that the mediator shall become a sole arbitrator for the dis"ute and shall treatthe settlement agreement as an arbitral a/ard /hich shall be sub2ect to enforcement under Re"ublic Act No. ;:,! other/ise )no/n asthe Arbitration Ga/! not/ithstanding the "rovisions of Becutive %rder No. 100; for mediated dis"ute outside of the C5AC.

CHAPTER 7 - OTHER ADR FORMS

SEC. 8. ,eferral of )isp%te to ot+er A), !orms. - 'he "arties ma& agree to refer one or more or all issues arising in a dis"ute or during its"endenc& to other forms of A+R such as but not limited to <a= the evaluation of a third "erson or <b= a mini-trial! <c= mediation-arbitration! or acombination thereof.

@or "ur"oses of this Act! the use of other A+R forms shall be governed b& Cha"ter of this Act ece"t /here it is combined /ith arbitration in/hich case it shall li)e/ise be governed b& Cha"ter of this Act.

CHAPTER ; - INTERNATIONAL COMMERCIAL ARBITRATION

SEC. 9. Adoption of t+e Model La on "nternational Commercial Ar'itration. - 5nternational commercial arbitration shall be governed b&the Model Ga/ on 5nternational Commercial Arbitration <the 7Model Ga/7= ado"ted b& the *nited Nations Commission on 5nternational 'rade Ga/on (une 1! 19; <*nited Nations +ocument A01:= and recommended a""roved on +ecember 11! 19;! co"& of /hich is hereto attached as

A""endi 7A7.

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SEC. =. "nterpretation of Model La . - 5n inter"reting the Model Ga/! regard shall be had to its international origin and to the need foruniformit& in its inter"retation and resort ma& be made to the travau rearatories and the re"ort of the Secretar& $eneral of the *nited NationsCommission on 5nternational 'rade Ga/ dated March ! 19; entitled! 75nternational Commercial Arbitration Anal&tical Commentar& on +raft'rade identified b& reference number ACN. 9,.7

SEC. =. Commercial Ar'itration. - An arbitration is 7commercial7 if it covers matters arising from all relationshi"s of a commercial nature!/hether contractual or not. Relationshi"s of a transactions an& trade transaction for the su""l& or echange of goods or services8 distributionagreements8 construction of /or)s8 commercial re"resentation or agenc&8 factoring8 leasing! consulting8 engineering8 licensing8 investment8financing8 ban)ing8 insurance8 2oint venture and other forms of industrial or business coo"eration8 carriage of goods or "assengers b& air! sea!rail or road.

SEC. ==. Legal ,epresentation in "nternational Ar'itration. - 5n international arbitration conducted in the #hili""ines! a "art& ma& be"resented b& an& "erson of his choice. Provided ! that such re"resentative! unless admitted to the "ractice of la/ in the #hili""ines! shall not beauthori?ed to a""ear as counsel in an& #hili""ine court! or an& other uasi-2udicial bod& /hether or not such a""earance is in relation to thearbitration in /hich he a""ears.

SEC. =7. Confidential of Ar'itration Proceedings. - 'he arbitration "roceedings! including the records! evidence and the arbitral a/ard! shallbe considered confidential and shall not be "ublished ece"t <1= /ith the consent of the "arties! or <= for the limited "ur"ose of disclosing to thecourt of relevant documents in cases /here resort to the court is allo/ed herein. #rovided! ho/ever! that the court in /hich the action or thea""eal is "ending ma& issue a "rotective order to "revent or "rohibit disclosure of documents or information containing secret "rocesses!develo"ments! research and other information /here it is sho/n that the a""licant shall be materiall& "re2udiced b& an authori?ed disclosurethereof.

SEC. =;. ,eferral to Ar'itration. - A court before /hich an action is brought in a matter /hich is the sub2ect matter of an arbitration agreementshall! if at least one "art& so reuests not later that the "re-trial conference! or u"on the reuest of both "arties thereafter! refer the "arties toarbitration unless it finds that the arbitration agreement is null and void! ino"erative or inca"able of being "erformed.

SEC. =>. "nterpretation of t+e Act . - 5n inter"reting the Act! the court shall have due regard to the "olic& of the la/ in favor of arbitration. 4hereaction is commenced b& or against multi"le "arties! one or more of /hom are "arties /ho are bound b& the arbitration agreement although thecivil action ma& continue as to those /ho are not bound b& such arbitration agreement.

SEC. =?. Meaning of 3Appointing A%t+ority/3 . - 7A""ointing Authorit&7 as used in the Model Ga/ shall mean the "erson or institution named inthe arbitration agreement as the a""ointing authorit&8 or the regular arbitration arbitration institution under /hose rules the arbitration is agreedto be conducted. 4here the "arties have agreed to submit their dis"ute to institutional arbitration rules! and unless the& have agreed to adifferent "rocedure! the& shall be deemed to have agreed to "rocedure under such arbitration rules for the selection and a""ointment ofarbitrators. 5n ad hoc arbitration! the default a""ointment of an arbitrator shall be made b& the National #resident of the 5ntegrated 6ar of the#hili""ines <56#= or his dul& authori?ed re"resentative.

SEC. =@. *+at !%nctions May 'e Performed 'y Appointing A%t+ority . - 'he functions referred to in Articles 11<3=! 11<=! 13<3= and 1<1= ofthe Model Ga/ shall be "erformed b& the A""ointing Authorit&! unless the latter shall fail or refuse to act /ithin thirt& <30= da&s from recei"t of thereuest in /hich case the a""licant ma& rene/ the a""lication /ith the Court.

SEC. =8. &rant of "nterim Meas%re of Protection. -

<a= 5t is not incom"atible /ith an arbitration agreement for a "art& to reuest! before constitution of the tribunal! from a Court an interimmeasure of "rotection and for the Court to grant such measure. After constitution of the arbitral tribunal and during arbitral"roceedings! a reuest for an interim measure of "rotection or modification thereof! ma& be made /ith the arbitral tribunal or to theetent that the arbitral tribunal has no "o/er to act or is unable to act effectivel&! the reuest ma& be made /ith the Court. 'he arbitraltribunal is deemed constituted /hen the sole arbitrator or the third arbitrator /ho has been nominated! has acce"ted the nominationand /ritten communication of said nomination and acce"tance has been received b& the "art& ma)ing reuest.

<b= 'he follo/ing rules on interim or "rovisional relief shall be observed

<1= An& "art& ma& reuest that "rovision relief be granted against the adverse "art&

<= Such relief ma& be granted

<i= to "revent irre"arable loss or in2ur&

<ii= to "rovide securit& for the "erformance of an& obligation8

<iii= to "roduce or "reserve an& evidence8 or

<iv= to com"el an& other a""ro"riate act or omission.

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<3= 'he order granting "rovisional relief ma& be conditioned u"on the "rovision of securit& or an& act or omission s"ecified inthe order.

<= 5nterim or "rovisional relief is reuested b& /ritten a""lication transmitted b& reasonable means to the Court or arbitraltribunal as the case ma& be and the "art& against /hom the relief is sought! describing in a""ro"riate detail the "reciserelief! the "art& against /hom the relief is reuested! the grounds for the relief! and evidence su""orting the reuest.

<= 'he order shall be binding u"on the "arties.

<,= Bither "art& ma& a""l& /ith the Court for assistance in 5m"lementing or enforcing an interim measure ordered b& an

arbitral tribunal.

<:= A "art& /ho does not com"l& /ith the order shall be liable for all damages resulting from noncom"liance! including alle"enses! and reasonable attorne&s fees! "aid in obtaining the orders 2udicial enforcement.

SEC. =9. !%rt+er A%t+ority for Ar'itrator to &rant "nterim Meas%re of Protection. - *nless other/ise agreed b& the "arties! the arbitraltribunal ma&! at the reuest of a "art&! order an& "art& to ta)e such interim measures of "rotection as the arbitral tribunal ma& considernecessar& in res"ect of the sub2ect matter of the dis"ute follo/ing the rules in Section ;! "aragra"h . Such interim measures ma& include butshall not be limited to "reliminar& in2uction directed against a "art&! a""ointment of receivers or detention! "reservation! ins"ection of "ro"ert&that is the sub2ect of the dis"ute in arbitration. Bither "art& ma& a""l& /ith the Court for assistance in im"lementing or enforcing an interimmeasures ordered b& an arbitral tribunal.

SEC. 7. Place of Ar'itration. - 'he "arties are free to agree on the "lace of arbitration. @ailing such agreement! the "lace of arbitration shallbe in Metro Manila! unless the arbitral tribunal! having regard to the circumstances of the case! including the convenience of the "arties shalldecide on a different "lace of arbitration.

'he arbitral tribunal ma&! unless other/ise agreed b& the "arties! meet at an& "lace it considers a""ro"riate for consultation among itsmembers! for hearing /itnesses! e"erts! or the "arties! or for ins"ection of goods! other "ro"ert& or documents.

SEC. 7. Lang%age of t+e Ar'itration. - 'he "arties are free to agree on the language or languages to be used in the arbitral "roceedings.@ailing such agreement! the language to be used shall be Bnglish in international arbitration! and Bnglish or @ili"ino for domestic arbitration!unless the arbitral tribunal shall determine a different or another language or languages to be used in the "roceedings. 'his agreement ordetermination! unless other/ise s"ecified therein! shall a""l& to an& /ritten statement b& a "art&! an& hearing and an& a/ard! decision or othercommunication b& the arbitral tribunal.

'he arbitral tribunal ma& order that an& documentar& evidence shall be accom"anied b& a translation into the language or languages agreedu"on b& the "arties or determined in accordance /ith "aragra"h 1 of this section.

CHAPTER > - DOMESTIC ARBITRATION

SEC. 7=. La &o.erning )omestic Ar'itration. - +omestic arbitration shall continue to be governed b& Re"ublic Act No. ;:,! other/ise)no/n as 7'he Arbitration Ga/7 as amended b& this Cha"ter. 'he term 7domestic arbitration7 as used herein shall mean an arbitration that is notinternational as defined in Article <3= of the Model Ga/.

SEC. 77. Applica'ility to )omestic Ar'itration. - Article ;! 10! 11! 1! 13! 1! 1; and 19 and 9 to 3 of the Model Ga/ and Section to 31 of the "receding Cha"ter shall a""l& to domestic arbitration.

CHAPTER ? - ARBITRATION OF CONSTRUCTION DISPUTES

SEC. 7;. Ar'itration of Constr%ction )isp%tes4 &o.erning La . - 'he arbitration of construction dis"utes shall be governed b& Becutive%rder No. 100;! other/ise )no/n as the Constitution 5ndustr& Arbitration Ga/.

SEC. 7>. Co.erage of t+e La . - Construction dis"utes /hich fall /ithin the original and eclusive 2urisdiction of the Construction 5ndustr&

Arbitration Commission <the 7Commission7= shall include those bet/een or among "arties to! or /ho are other/ise bound b&! an arbitrationagreement! directl& or b& reference /hether such "arties are "ro2ect o/ner! contractor! subcontractor! uantit& surve&or! bondsman or issuer ofan insurance "olic& in a construction "ro2ect.

'he Commission shall continue to eercise original and eclusive 2urisdiction over construction dis"utes although the arbitration is 7commercial7"ursuant to Section 1 of this Act.

SEC. 7?. A%t+ority to Act as Mediator or Ar'itrator . - 6& /ritten agreement of the "arties to a dis"ute! an arbitrator ma& act as mediator anda mediator ma& act as arbitrator. 'he "arties ma& also agree in /riting that! follo/ing a successful mediation! the mediator shall issue thesettlement agreement in the form of an arbitral a/ard.

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SEC. 7@. Appointment of !oreign Ar'itrator . - 'he Construction 5ndustr& Arbitration Commission <C5AC= shall "romulgate rules to allo/ for thea""ointment of a foreign arbitrator or coarbitrator or chairman of a tribunal a "erson /ho has not been "reviousl& accredited b& C5AC #rovided!'hat

<a= the dis"ute is a construction dis"ute in /hich one "art& is an international "art&

<b= the "erson to be a""ointed agreed to abide b& the arbitration rules and "olicies of C5AC8

<c= heshe is either coarbitrator u"on the nomination of the international "art&8 or heshe is the common choice of the t/o C5AC-accredited arbitrators first a""ointed one of /hom /as nominated b& the international "art&8 and

<d= the foreign arbitrator shall be of different nationalit& from the international "art&.

SEC. 78. Applica'ility to Constr%ction Ar'itration. - 'he "rovisions of Sections 1: <d= of Cha"ter ! and Section ; and 9 of this Act shalla""l& to arbitration of construction dis"utes covered b& this Cha"ter.

SEC. 79. Co%rt to )ismiss Case "n.ol.ing a Constr%ction )isp%te. - A regional trial court /hich a construction dis"ute is filed shall! u"onbecoming a/are! not later than the "retrial conference! that the "arties had entered into an arbitration to be conducted b& the C5AC! unless both"arties! assisted b& their res"ective counsel! shall submit to the regional trial court a /ritten agreement eclusive for the Court! rather than theC5AC! to resolve the dis"ute.

CHAPTER @ - JUDICIAL REVIE OF ARBITRAL AARDS

A. DOMESTIC AARDS

SEC. ;. Confirmation of Aard . - 'he confirmation of a domestic arbitral a/ard shall be governed b& Section 3 of R.A. ;:,.

A domestic arbitral a/ard /hen confirmed shall be enforced in the same manner as final and eecutor& decisions of the Regional 'rial Court.

'he confirmation of a domestic a/ard shall be made b& the regional trial court in accordance /ith the Rules of #rocedure to be "romulgated b&the Su"reme Court.

A C5AC arbitral a/ard need not be confirmed b& the regional trial court to be eecutor& as "rovided under B.%. No. 100;.

SEC. ;. 5acation Aard . - A "art& to a domestic arbitration ma& uestion the arbitral a/ard /ith the a""ro"riate regional trial court inaccordance /ith the rules of "rocedure to be "romulgated b& the Su"reme Court onl& on those grounds enumerated in Section of Re"ublic

Act No. ;:,. An& other ground raised against a domestic arbitral a/ard shall be disregarded b& the regional trial court.

B. FOREIGN ARBITRAL AARDS

SEC. ;=. Application of t+e Ne 6or7 Con.ention. - 'he Ne/ Jor) Convention shall govern the recognition and enforcement of arbitrala/ards covered b& the said Convention.

'he recognition and enforcement of such arbitral a/ards shall be filled /ith regional trial court in accordance /ith the rules of "rocedure to be"romulgated b& the Su"reme Court. Said "rocedural rules shall "rovide that the "art& rel&ing on the a/ard or a""l&ing for its enforcement shallfile /ith the court the original or authenticated co"& of the a/ard and the arbitration agreement. 5f the a/ard or agreement is not made in an& ofthe official languages! the "art& shall su""l& a dul& certified translation thereof into an& of such languages.

'he a""licant shall establish that the countr& in /hich foreign arbitration a/ard /as made is a "art& to the Ne/ Jor) Convention.

5f the a""lication for re2ection or sus"ension of enforcement of an a/ard has been made! the regional trial court ma&! if it considers it "ro"er!vacate its decision and ma& also! on the a""lication of the "art& claiming recognition or enforcement of the a/ard! order the "art& to "rovide

a""ro"riate securit&.

SEC. ;7. ,ecognition and #nforcement of !oreign Ar'itral Aards Not Co.ered 'y t+e Ne 6or7 Con.ention. - 'he recognition andenforcement of foreign arbitral a/ards not covered b& the Ne/ Jor) Convention shall be done in accordance /ith "rocedural rules to be"romulgated b& the Su"reme Court. 'he Court ma&! grounds of comit& and reci"rocit&! recogni?e and enforce a nonconvention a/ard as aconvention a/ard.

SEC. ;;. !oreign Ar'itral Aard Not !oreign %dgment . - A foreign arbitral a/ard /hen confirmed b& a court of a foreign countr&! shall berecogni?ed and enforced as a foreign arbitral a/ard and not a 2udgment of a foreign court.

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A foreign arbitral a/ard! /hen confirmed b& the regional trial court! shall be enforced as a foreign arbitral a/ard and not as a 2udgment of aforeign court.

A foreign arbitral a/ard! /hen confirmed b& the regional trial court! shall be enforced in the same manner as final and eecutor& decisions ofcourts of la/ of the #hili""ines.

SEC. ;>. ,e2ection of a !oreign Ar'itral Aard . - A "art& to a foreign arbitration "roceeding ma& o""ose an a""lication for recognition andenforcement of the arbitral a/ard in accordance /ith the "rocedural rules to be "romulgated b& the Su"reme Court onl& on those groundsenumerated under Article I of the Ne/ Jor) Convention. An& other ground raised shall be disregarded b& the regional trial court.

SEC. ;?. Appeal from Co%rt )ecisions on Ar'itral Aards. - A decision of the regional trial court confirming! vacating! setting aside!modif&ing or correcting an arbitral a/ard ma& be a""ealed to the Court of A""eals in accordance /ith the rules of "rocedure to be "romulgatedb& the Su"reme Court.

'he losing "art& /ho a""eals from the 2udgment of the court confirming an arbitral a/ard shall reuired b& the a""ealant court to "ostcounterbond eecuted in favor of the "revailing "art& eual to the amount of the a/ard in accordance /ith the rules to be "romulgated b& theSu"reme Court.

SEC. ;@. 5en%e and %risdiction. - #roceedings for recognition and enforcement of an arbitration agreement or for vacation! setting aside!correction or modification of an arbitral a/ard! and an& a""lication /ith a court for arbitration assistance and su"ervision shall be deemed ass"ecial "roceedings and shall be filled /ith the regional trial court <i= /here arbitration "roceedings are conducted8 <ii= /here the asset to beattached or levied u"on! or the act to be en2oined is located8 <iii= /here an& of the "arties to the dis"ute resides or has his "lace of business8 or<iv= in the National (udicial Ca"ital Region! at the o"tion of the a""licant.

SEC. ;8. Notice of Proceeding to Parties. - 5n a s"ecial "roceeding for recognition and enforcement of an arbitral a/ard! the Court shall send

notice to the "arties at their address of record in the arbitration! or if an& "art& cannot be served notice at such address! at such "art&s last)no/n address. 'he notice shall be sent at least fifteen <1= da&s before the date set for the initial hearing of the a""lication.

CHAPTER 8 - MISCELLANEOUS PROVISIONS

SEC. ;9. Office for Alternati.e )isp%te ,esol%tion. - 'here is hereb& established the %ffice for Alternative +is"ute Resolution as an attachedagenc& to the +e"artment of (ustice <+%(= /hich shall have a Secretariat to be headed b& an eecutive director. 'he eecutive director shall bea""ointed b& the #resident of the #hili""ines.

'he ob2ective of the office are

<a= to "romote! develo" and e"and the use of A+R in the "rivate and "ublic sectors8 and

'o assist the government to monitor! stud& and evaluate the use b& the "ublic and the "rivate sector of A+R! and recommend to Congress

needful statutor& changes to develo". Strengthen and im"rove A+R "ractices in accordance /ith /orld standards.

SEC. >. Poers and !%nctions of t+e Office for Alternati.e )isp%te ,esol%tion. - 'he %ffice for Alternative +is"ute Resolution shall havethe follo/ing "o/ers and functions

<a= 'o formulate standards for the training of the A+R "ractitioners and service "roviders8

<b= 'o certif& that such A+R "ractitioners and A+R service "roviders have undergone the "rofessional training "rovided b& the office8

<c= 'o coordinate the develo"ment! im"lementation! monitoring! and evaluation of government A+R "rograms8

<d= 'o charge fees for their services8 and

<e= 'o "erform such acts as ma& be necessar& to carr& into effect the "rovisions of this Act.

SEC. >. Appropriations. - 'he amount necessar& to carr& out the "rovisions of this Act shall be included in the $eneral A""ro"riations Act ofthe &ear follo/ing its enactment into la/ and thereafter.

SEC. >=. "mplementing ,%les and ,eg%lations ",,:. - 4ithin one <1= month after the a""roval of this Act! the secretar& of 2ustice shallconvene a committee that shall formulate the a""ro"riate rules and regulations necessar& for the im"lementation of this Act. 'he committee!com"osed of re"resentatives from

<a= the +e"artment of (ustice8

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<b= the +e"artment of 'rade and 5ndustr&8

<c= the +e"artment of the 5nterior and Gocal $overnment8

<d= the "resident of the 5ntegrated 6ar of the #hili""ines8

<e= A re"resentative from the arbitration "rofession8 and

<f= A re"resentative from the mediation "rofession8 and

<g= A re"resentative from the A+R organi?ations

shall /ithin three <3= months after convening! submit the 5RR to the (oint Congressional %versight Committee for revie/ and a""roval. 'he%versight Committee shall be com"osed of the chairman of the Senate Committee on (ustice and uman Rights! chairman of the ouseCommittee on (ustice! and one <1= member each from the ma2orit& and minorit& of both ouses.

'he (oint %versight Committee shall become functus officio u"on a""roval of the 5RR.

SEC. >7. Applica'ility of t+e ;atar%ngan Pam'arangay . - 'his Act shall not be inter"reted to re"eal! amend or modif& the 2urisdiction of theKatarungan #ambaranga& under Re"ublic Act No. :1,0! other/ise )no/n as the Gocal $overnment Code of 1991.

SEC. >;. ,epealing Cla%se. - All la/s! decrees! eecutive orders! rules and regulations /hich are inconsistent /ith the "rovisions of this Actare hereb& re"ealed! amended or modified accordingl&.

SEC. >>. Separa'ility Cla%se. - 5f for an& reason or reasons! an& "ortion or "rovision of this Act shall be held unconstitutional or invalid! allother "arts or "rovisions not affected shall thereb& continue to remain in full force and effect.

SEC. >?. #ffecti.ity . - 'his act shall ta)e effect fifteen da&s <1= after its "ublication in at least t/o <= national ne/s"a"ers of generalcirculation.

Re*'&i" A") No. @? O")o'e+ 3 99Setion 1<b= Amended b& RA ;3Setion 3 Amended b& RA ;3

AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 99

Se")io! ;>. !earan$e o7 Parties in Person. - 5n all )atarungang "ambaranga& "roceedings! the "arties must a""ear in "erson /ithout the

assistance of counsel or re"resentative! ece"t for minors and incom"etents /ho ma& be assisted b& their net-of-)in /ho are not la/&ers.

Se")io! ;?. 77e$t o7 !mi$able Settlement and !rbitration !?ard. - 'he amicable settlement and arbitration a/ard shall have the force andeffect of a final 2udgment of a court u"on the e"iration of ten <10= da&s from the date thereof! unless re"udiation of the settlement has beenmade or a "etition to nullif& the a/ard has been filed before the "ro"er cit& or munici"al court.

o/ever! this "rovision shall not a""l& to court cases settled b& the lu"on under the last "aragra"h of Section 0; of this Code! in /hich casethe com"romise or the "ang)at chairman shall be submitted to the court and u"on a""roval thereof! have the force and effect of a 2udgment ofsaid court.

Se")io! ;@. e$ution. - 'he amicable settlement or arbitration a/ard ma& be enforced b& eecution b& the lu"on /ithin si <,= months fromthe date of the settlement. After the la"se of such time! the settlement ma& be enforced b& action in the a""ro"riate cit& or munici"al court.

Se")io! ;8. *eudiation. - An& "art& to the dis"ute ma&! /ithin ten <10= da&s from the date of the settlement! re"udiate the same b& filing /iththe lu"on chairman a statement to that effect s/orn to before him! /here the consent is vitiated b& fraud! violence! or intimidation. Such

re"udiation shall be sufficient basis for the issuance of the certification for filing a com"laint as hereinabove "rovided.

Se")io! ;9. %ransmittal o7 Settlement and !rbitration. - A/ard to the Court. - 'he secretar& of the lu"on shall transmit the settlement or thearbitration a/ard to the a""ro"riate cit& or munici"al court /ithin five <= da&s from the date of the a/ard or from the la"se of the ten-da& "eriodre"udiating the settlement and shall furnish co"ies thereof to each of the "arties to the settlement and the lu"on chairman.

Se")io! ;=. Po?er to !dminister +at=s. - 'he "unong baranga&! as chairman of the lu"ong taga"ama&a"a! and the members of the "ang)atare hereb& authori?ed to administer oaths in connection /ith an& matter relating to all "roceedings in the im"lementation of the )atarungang"ambaranga&.

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http://www.lawphil.net/statutes/repacts/ra1998/ra_8553_1998.html






Se")io! ;=. !dministration& *ules and *egulations. - 'he cit& or munici"al ma&or! as the case ma& be! shall see to the efficient and effectiveim"lementation and administration of the )atarungang "ambaranga&. 'he Secretar& of (ustice shall "romulgate the rules and regulationsnecessar& to im"lement this Cha"ter.

Se")io! ;==. !roriations. - Such amount as ma& be necessar& for the effective im"lementation of the )atarungang "ambaranga& shall be"rovided for in the annual budget of the cit& or munici"alit& concerned.

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