ADMINISTRATIVE
CIRCULAR NO. 20-2002
TO: OFFICE
OF THE COURT ADMINISTRATOR
PHILIPPINE
JUDICIAL ACADEMY
ALL
PRESIDING JUDGES AND BRANCH CLERKS OF COURT STATIONED IN METRO MANILA,
CEBU, DAVAO, AND ALL OTHER AREAS WHEREIN THE PHILIPPINE MEDIATION
CENTER
(PMC) UNITS MAY BE FURTHER ORGANIZED AND DESIGNATED.
SUBJECT: MONTHLY
INVENTORY AND REFERRAL OF CASES FOR MEDIATION
WHEREAS,
one of the priority objectives of the Supreme Court is the decongestion
of court dockets, and for this purpose, Mediation has been found to be
one expeditious mode of alternative dispute resolution;
WHEREAS,
the Action Plan for Judicial Reforms (APJR) on Judicial Systems and
Procedures
includes Alternative Dispute Resolution mechanisms, particularly, the
establishment
of court-referred mediation system;
WHEREAS,
on October 16, 2001, the Supreme Court issued an en banc Resolution
A.M.
No. 01-10-5-SC-PHILJA, covering the following:chanroblesvirtuallawlibrary
1. Administrative
Order establishing the Philippine Mediation Center (PMC);
2. Second
Revised Guidelines for the implementation of mediation proceedings;
3. Code
of Ethical Standards for Mediators;
4. Standards
and Procedure for Accreditation of Mediators for
court-referred/court-related
mediation cases;
5.
Compensation Guidelines for Mediators and Supervisors,
WHEREAS,
on 12 November 2001, the Office of the Court of Appeals Administrator
(OCA)
issued Circular No. 82-2001 directing all Executive Judges stationed in
Metro Manila, Cebu and Davao and all other areas that may be further
designated,
to assist and support the Philippine judicial Academy (PHILJA) in the
organization,
operation and maintenance of the Philippine Mediation Center units;
WHEREAS,
on 12 March 2002, the OCA and the Integrated Bar of the Philippines
(IBP)
entered into a Memorandum on Policy Guidelines under which the IBP
commits
itself to, inter alia, see to it that its members avail of
court-referred
mediation in appropriate cases;
WHEREAS,
the PHILJA has already established PMC units in Makati, Quezon City,
Pasay,
San Juan, Táguig, Cebu City, Mandaue, Lapu-Lapu, Davao City,
Digos,
Tagurn and Panabo;
WHEREAS,
the PMC units in Manila, Caloocan, Las Piñas, Parañaque,
Muntinlupa, Marikina, Mandaluyong, Pasig City, and Valenzuela will be
fully
established as soon as temporary venues are available;
WHEREAS,
the results of mediation in the PMC units already operational are
encouraging
with approximately 80% of the cases mediated settled (Table, Annex “A”);
WHEREAS,
despite encouraging results, not all trial courts refer cases for
mediation
resulting in lack of cases being mediated and waste of time for
volunteer
mediators;
WHEREFORE,,
the following measures shall be observed and complied with:chanroblesvirtuallawlibrary
Trial
Courts
(Presiding Judges and Branch Clerks of Court)
1. Conduct
a monthly inventory of cases in their dockets referable to mediation.
Pursuant
to the Court’s Second Revised Guidelines dated 16 October 2001, the
cases
that may be referred are as follows:chanroblesvirtuallawlibrary
a. All
civil cases, settlement of estates, and cases covered by the Rule
on Summary Procedure except those which by law may not be
compromised;
b. Cases
cognizable by the Lupong Tagapamayapa under the Katarungang Pambarangay
Law;
c. The
civil aspect of B.P.
22 cases; and
d. The
civil aspect of quasi-offenses under Title 14 of the Revised
Penal Code.
2. Upon
appearance of the parties during pre-trial in cases covered by
mediation,
immediately order the parties to appear before the Philippine Mediation
Center (PMC) unit located in’ the courthouse for initial mediation
conference;
3. Issue
appropriate sanctions -upon failure of the ‘parties to appear before
the
PMC unit, since mediation is part of pre-trial;
4. Ensure
the regular referral of cases for mediation to the PMC unit; and
5. The
monthly inventory shall be prepared and signed by the Branch Clerk of
Court
duly noted by the Presiding Judge, for submission to the Office of the
Court Administrator and the Philippine Judicial Academy.
Role
of The Court
Administrator:chanroblesvirtuallawlibrary
The
Office of the Court Administrator shall monitor and ensure that the
inventory
and referral of. cases for mediation are properly observed and
undertaken.
Philippine
Judicial
Academy:chanroblesvirtuallawlibrary
The
Philippine Judicial Academy shall formulate and issue implementing
rules’
and regulations for the proper implementation of court-referred
mediation.
For
strict compliance.
24
April 2002.
HILARIO
G. DAVIDE,
JR.
Chief
Justice
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